Professional Documents
Culture Documents
L.
L. ThIs letter, M a Rom a n numeral. wllI sooner sutrer a mischIef than an Inc;on.
stands for the number "fifty," It is also venience. L'itt. § 231. It is holden for an
used as an abbreviation for "law," nliber," inconvenience that any of the maxims ot the
(a book. ) "lord," and some other words of law should be broken, though a private man
which it if!, the initial. sulIer loss. Co. Litt. 152b.
LL. The reduplicated form of the abbre adapted to the accomplishment of specific use
viation
"
L."
for "law," used asa 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
labor, II II
wages of labor," etc.
statute law; as uLL. Hen. I."
"Labor," "business," and "work" are not syn.
LL.B., LL.M., and LL.D. Abbrevia onyms. La.bor may be business, but it 1s not
tiODS ulled to denote, respectively, the three necessarily 80; and business is Dot always labor.
academic degrees in law,-bachelor, master, Labor implies toil; exertion producing wearlnes8;
La ley favour 10. vie d'un home. The LABORER.. One who, as a meana ot
Jaw tavors the life of a man. Yearb. M. 10 livelihood, performs work and labor for those
Hen. VI. 51. who employ hiro. In English statutes, this
term is generally understood to c.1esignnte a
La. l ey favour l'enheritance d'un home.
se rv ant employed in husba ndr y or manufact;.
The law favor� the inheritance of a man.
ures, and not d welling in the home of hib
Yearb. M. 10 Hen. VI. 5l.
employer. Wharton; Mozley & Whitley.
La ley voct plus tost suffer un mis A laborer, as the word 1s used in the PennsylvQ.
chaife que un inconvenience. The law nia act of 1872, giving a certai..D. preierence of lien.,
LABORERS, STATUTES OF 683 LlET
Is oDewflo performs, with his own bands, the con ad with a cargo which is neither in casks,
tract which be makes with his employer. 82 Pa. boxes, bales, nor cases, but Hes loose in the
BL 469.
hold. being defended from wet or moisture
LABORERS, STATUTES OF. In En· by a number of mats and 8 �ual1tity of dun
gllsb law. Tbese are Lbe statutes 23 Edw. nage. Cargoes of corn, salt, etc., are usually
UI. . 12 Ricb. II . . 5 Eliz. c. 4, and 26 & 27 so shipped.
Viet c. 125, making various regulations as
LADY. In English law. The title be
to laborers. servants, apprentices, etc.
longing to the wife of a peer. and (by court
LAC, LAX. In Indian computation, esy) the wife of a baronetor knigbt, and also
100.000. Tbe value of 8 lac of rupees is to any woman, lUarried or sale, wIJOS(' father
about £10,000 sterling. Wharton. was a nobleman of a rank not lower than
LACE. A measure of land equal to one that of earl.
pole. This term is widely used in Corn wall. LADY-COURT. In English law. The
court of a lady of the manor.
LACERTA. In old English law. A
f.thom. Co. Lilt. 4b. LADY DAY. The 25th 01 March, the
feast of the Annunication of the Blessetl Vir·
LACHES. Negligence, conSisting In the
gin Mary. In parts of Ireland, however. they
omission of something which a party might
so deSignate the 15th of August. the festival
do, and might reasonably be expected to do,
of the Assumption of the Virgin.
towards the vindication or enforcement of
bis rights. The word is generally the syn<r LADY'S FRIEND. The style 01 an of
nym of II remissness," lIdiiatoriness." II un fleerof the Englisb houseof commons, wbose
reasoDl1.ble or unexcused delay," the op duty was to secure a suitable provision for
posil.e of "vigilance," and means a want of the wife, when her husband sought a divorce
activity and diligence in making a claim or by special act of parliament. The nct of 1857
moving for the enforcement of a right (par. abolished parliamentary divorces. and this
ticularly in equity) which will afford ground office with them.
for presuming against it, or for refusing re-
LlESA MAJESTAS. Lat. Leze·majes·
lief, where tbat is discretionary with the court.
ty, or injured majesty; high treason. It is a
LACTA. L. Lat. In old English law. phrase tal, en from the civil law, and anciently
Defect in tbe weight of money; lack of mC:!ant nny offense against the king's person
weight. This word and the verb "lactaTe" or dignity.
are used in 8n assise or statute of the sixth
L lE S I 0 ULTRA DIMIDIUM VEL
year of King John. Spelman.
ENORMIS. In Roman law. The Injury
LACUNA. In old records. A ditch or sustained by one of the parties to an onerou,
dyke; a furrow for a drain; a gap or blank contract when he bad been overreached by
tn writing. the other to the extent of more than one-half
of the value of the subject�matter;
6. g., when
LACUS. In the oivil law. A lake; a
a vendor had not received half the value at
receptacle ot water which is never dry. Dig.
property sold, or tlle purchaser had paid IDore
43, 14, 1, S.
than double vallle. Colq. Rom. Civil Law.
In old English ·law. Allay or alloy of
§ 2094.
aUver with base metal. Fleta, lib. 1. c. 22,
§ 6. LlESIONE FIDEI, SUITS PRO. Suits
in the ecclesiastical courts for spiritual of·
LADA. In Saxon law. A. purgation, or
fenses aga.inst conscience, tor non·payment at
mode of trial by which one purged himself of
debts, or breaches at civil contracts. This
aD accusation; as by oath or ordeal. Spel.
attempt to tUrn the ecclesiastical courlS into
man.
courts of equity was checked by the constitu
A waterooeourse; a trench or canal for
tions or Clarendon, A. D. 1164. 3 B1. Comm.
draining marshy grounds. In old Englisb, a
52.
lade or load. Sptjlman.
LlESIWERP. A thing surrendered into
In old English law. A court at Justice;
the bands or power of anuther; a thing given
• lade or lath. Cowell.
or delivered. Spelman.
LADE, or LODE. The mouth of a river.
LlET. I n old English law. One of a
LADEN IN BULK. A term 01 mari class between servUe and free. Palgrave, i. M
time law, applied to a vessel whioh is freight- 354.
LlETERE JERUSALEM LAND
LlETERE JERUSALEM. Easter ot. the fact that a river swells out into broad,
[erings, so caned f rom these words in the pond-like sbeets, with a current, does not
hymn of the day. They are also denominated make that a lake which would otherwise be
"quadragEBimalia." 'Vharton. a river. 14 N. H. 477.
Law; a law.
Saxon laws, thosp- of William the Conqueror,
LAGAN. See LIGAN. and of Henry I.
which a particular law was in force. a8 Dena stock exchange for a person unable to meet
lagu, Mercna lagu, eLe. his engagements.
A mulct fo r an offense, viz., twelve "ores." It Is on e of the Scotch quarter days, and is
what is called a "conventional term."
LAHMAN, or LAGEMANNUS. An
old word for a lawyer. Domesday, [. 189. LAMMAS LANDS. Lands over which
tbere is a ri ght of pasturage by persons other
L AIA. A roadway in a wood. Mon. than tb e o wne r from about LammH.s, or reap
A ng l t. I, p. 483.
.
iog time, until sowing time. \Vbarton.
LAICUS. A lay man. One who Is not
LANA. Lat. In tbe civil law. Wool.
1n holy orders, or not engaged in the minis
See Dig. 32, 60. 70. 88.
try of rel igi on.
LANCASTER. A county of England.
LAIRWITE, or LAIRESITE. A fine
erected into a county palatine in the reign
tor adultery or fornication. anciently paid to
of Edward IlL, but now vested in tbe crown.
the l ords ot some manors. 4 lnst. 206.
LANCETI. In feudal law. Vassals who
LAIS GENTS. L. Fr. Lay people; a
were obliged to work for their lord one day
Jury.
in the week, frOID Micbaelmas to autumn,
LAITY. In EngllBhlaw. Those persons either with fork. spade, or flail. at the lord's
who do not make a part of the clergy. They option. Spelman.
a.re divided into three states: (1) Oivil, in�
LAND, in the roost general sense. compre
cluding all the nation, except the clergy, the
hends any ground. soU, or earth whatsoeverj
army. and navy, and subdivided into the no
as meadows, pastures. woods, moors, waters,
bility a nd lhecommonaltYi (2J military; (3)
marshes. furzes. and heath. Co. Litt. 4a.
maritime. conSisting of the navy. 'Vharton.
The word "land" includes not only the
LAKE. A large body of water, contained soil. but everylhing attached to it. whether
in a depression of the earth's surface. and att.:'lcbed by the course at nature, as trees,
supplied from the drainage of a more or less herbage. and water. or by the hand of man,
�xtended area. 'Vebster. as buildings and fences. IN. Y. 572; 2 Bl.
The fact that there is a current from a Camm. 16, 17.
algher to a lower level does not make that a Land is the solid material of the earth, wha.tever
river which would otherwise be a lake; and may be the ingredients of which it is composed.
LAND 685 LANDCHEAP
\\"hether IO� rock, or other substance. Clvtl Code LAND TAX. A tax laid upon the legal
Cal. 1669. or beneficial owner of rectI property, and ap
Philosophtcally, It seems more correol to say
portioned upon the assessed va.lue of hiB
that the word "land" means, in law, as in the vel'·
nacu1nr, the Boil, or portion of the earth's crustj
land.
and to explain or justify such expressIons as that
"whoever owns the land owns the buUdings above
LAND TEN ANT. The person actually
snd the minerals below," upon the view, not that in possession of land i otherwise stylt'd the
these.are witbin the extension of the term "land," "terre-tenant. "
but tbat they tlrc so connected with it that by rules
of law they pass by n conveyance of the land. LAND TITLES AND TRANSFER
This view makes" land. "as a term, narrower in sig. ACT. An English statute (38 &; 39 Vict. c.
niflcation t.han lot I"eally j *' though it would allow an
instrument speaking of land to operateco-cxtenslve
87) providing for the establisiJment of a reg
ly with one granting realty or real property by istry for titles to real property, and making
either of those terms, But many of the authori sundry provisions for the traDsfer of lands
tics U!8 the expression "land >I as including theae and the recording of the evidences therof.
incid(mts to the soil. Abbott.
It presents some analogies to the recording
LAND CERTIFICATE. Upon the reg laws of the AmerIcan states.
istration of freehold land under the English LAND WAITER. In English law. An
land transfer act. 1875, a certificate is given
officer of the custom-house, whose duty Is,
to the registered proprietor, and similarly
upon landing any merchandise, to examine,
upon every transfer of registered Jand. This taste. weigh, or measure it, and to take an
registration supersedes the necessity of any account thereof. In some ports they also
further registration in the register counties. execute the office of a coast waiter. They
Sweet. are likewise occasionally styled "searchers,"
LAND COURT. In American law. A and are to attend and join with the patent
cC'llrt formerly existing in St. Louis, Mo.• searcher in the execution of all cockets for
having a limited territorial jurtsdiction over the sbipping ot goods to be exported to for
Actions concerning real property, and suite eign partsj and, in cases where drawbacks
for dower, partition, etc. on bounties are to be paid to t.he merchant
on tho exportation of any goods, they, as
LAND-GAB'EL. A tax or rent Issuing well as the patent searcben, are to certify
('ut of land. Spp.:lman says it was originally the shipping thereof on tbe debentures. Enc.
a penny for every house. This land�gabel, Lond.
or land-gavel, in the register of Domesday,
was a quit-rent for the site of a house, or the L A N D - WARRANT. Tho evldenco
which the state, on good consideration. gives
land whereon it stood; the same with what
'We now call II ground.rent. .. Wharton. that the person therein named is entitled to
the quantity of land therein speCified, the
"LAND-POOR." By this term Is gen bounds and description of which the owner
erally understood that a man bas a great deal of the warrant may fix by Autry and survey,
at nnprodllctive land, and perhaps is obliged in the section of country set apart for its 1<>
to borrow money to pay taxes; but a man cation and satisfaction. 6 Yerg. 205.
"1a.nd�poor" may be largely responsible. 46
Mich. 397, 9 N. W. Rep. 445. LANDA. An open field without wood;
a lawnd or lawn. Cowell; Blount.
LAND-REEVE. A penon whose busi
LANDAGENDE, LANDHLAFORD,
ness It; is to overlook certain parts ot a farm
or LANDRICA. In Saxon law. A pro
or estate; to attend not only to the woods
prietor of land; lord of the soil. Anc. Insl;.
and hedge-timber, but also to the state of tbe
Eng.
f8DCM, gates, buildings. private roads, drift
ways, and water-courses; and likewise to LANDBOC. In Saxon law. A. charter
the stocking of commons, and encroachments or deed by which lands or tenements were
of every kind, as well as to prevent 01' detect given or beld. Spelman; Cowell; 1 Ueeve,
waste and spoil in general, whether by the Eng. Law. 10.
tenants or others; and to report the same to
the manager or land steward. Ene. Lond. LANDCHEAP. In old EngUsh law. An
ancient customary fine, paid either in money
L A N D STEWARD. A person who or cattle, at every alienation of land lying
overlooks or haa the management of a farm within some manor, or within the liberty of M
or estate. some borough. Cowell; Blount.
LANDEA 686 LANDWARD
LANDEA. In old English law. A ditch pIe of the land belongs to a landlord, he Is
or trenchfor conveying water from marshy tben sometimes denominated the "ground
grounds. Spelman. landlord," in contradistinction to such a one
as is possessed only of a limited or partieular
LANDED. Con8isting in real estate or intere.<;t in land. and who himself bolds under
land; baving an estate in land. a superior landlord . . Brown.
LANDED ESTATES COURT. The LANDLORD AND TENANT. A phrase
court which deals with the transfer of land used to denote the familiar legal relation ex·
and the creation of title thereto in Ireland. isting between lessor and lessee of real estate.
LANDED PROPRIETOR. Any person The relation is contracLurd. and is constituted
having an estate In lands. whether highly by a lease (or agreement therefor) of lands
Improved or not. 10 La. Ann. 677. for a term of years, from year to year, for
life, or at will.
LANDEFRICUS. A landlord; a lord of
the BOil. LANDLORD'S WARRANT. Adistress
warra.nt; a warrant from a landlord to levy
LANDEGANDMAN. Sax. In old En
upon the tenant's goocls and chattels, and sell
glish 18W. A kind of customary tenant or the same at public sale. to compel payment
inferior tenant of a manor. Spelman. of the reut or the observance of some other
LANDGRAVE. A name formerly given stipulation in the lease.
to those wbo executed justice on behalf of LANDMARK. A monument orerection
the German emperors, with regard to the set up on the boundary line of two adjoining
intermd policy of the country. It was ap· estates, to fix such boundary. The removing
plied, by way of eminence, to those sovereign at a landmark is a wrong for which an action
princes of the empire who possessed by iober. lIea.
itauce certain estates called" land-granates,"
of which they received investiture from the LANDS. This term, the plural of "land,"
emperor. Enc. Lond. is said,
at common law. to be a word of les8
extensive signification than either Iftene_
LANDIMER. In old Scotch la.... A
ments" or uhereditaments." But in some
measurer of land. Skene.
of the states it has been provided by statute
LANDING. A place on a river or other that it shall include both those terms.
navigable water for lading and unlading
goods, or for the reception and delivery of LANDS CLAUSES CONSOLIDA-
passengers; the terminus of a road on a TION ACTS. The name ghen to certain
river or other navigable water. for the use of English statutes, (8 Viet. c. 8, amended by 23
travelers. and the loading and unloading of & 24 Viet. c. 106, and 32 & 33 Viet. e. 18.)
goods. 1 Stroh. 11I. the object of which was to provide legislative
A place for loading or unloading boats. cla uses in a convenient form for incorporation
but not a harbor for them. 74 Pa. St. 373. by reference in future special acts of parlhr
ment for taking lands, with or without the
LANDIRECTA. In Saxon law. Serv consent of their owners, for the promotion of
ices and duties laid upon all that held land. rail ways, and other public undertakings.
including the three obligations called "trino Mozley & Whitley.
da necessitaa," (g. c.,·) quaai land rigbtB.
Cowell. LANDS, TENEMENTS, AND HERE
DITAMENTS. The teChnical and moat
LANDLOCKED. An expression 80m&
comprehensive description of real property,
times applied to a piece of land belonging to as "goods and chattels" is of personalty.
one person and surrounded by land belonging Williams, Real Prop. 5.
to other persons, 80 that it cannot be ap
proached except over their land. L. R. 13 LANDSLAGH. In Swedish I..... A
Ch. Div. 798; Sweet. body of common law, compiled about the
thirteenth century. out of the particular CllS�
LANDLORD. He of whom lands or ten
toms of every province; being analogous to
ements are holden. He who, being the own
the common law of England. lEI. Comm.
er of an estate in land, baa leased the same
66.
for a term of years, on a reut reserved, to ao
other person, called the 4< tenant. " LANDWARD. In Scotch law. Rural
When the absolute property in or fee-sim- 7 Bell, App. Cas. 2.
LANGEMAN 687 LARCENY
which the decisions Bre not harmonious. 2 were the customary law of aU the prov
Bi.h. Crim. Law. §§ 757. 758. inces, the canon law ae there administered,
Lar<:: eny is the taking of personal property. ao and (chiefly) the Romau law. This work
complished by fraud or stealth, and wan tntent to has always been regarded as of the highest
depriva aoother thereof. Pen. Code Dak. § 580. authority in Spain and in those countries
Larueny is the felonious stealing, taking, oarry
and �t.:'\tes which have derived their jurispru·
ing, leading, or driving away the personal property
of'o.nother. Pen. Code Cal § 484- dence fmill Spain.
Larceny is 80metimes divided into "simple" LASCAR. A native IndIan sailor; tl'e
and "compound" or "mixed" larceny; the term is also applied to tent pitchers, inferIor
former term applying to cases of simple tbeft; artillery-men, and olhers.
the Jatter to cases of stealing attended with
LASCIVIOUS CARRIAGE. In Con·
some recognized circumstances of aggrava.
necticut. A term including those wanton
tion. such as larceny from a ship or wbarf, or
acts between persons of dLiferout sexes that
from a dwelling-house in the day-time, or
flow from the exercise of lustful passions,
from the person.
and which are not otherwise punished as
Larcf'ny was also di vided into "grand" and
crimes against chastity and pUblic decency.
"petit" larceny. the distinction turning on an
2 Swift. Dig. 343. It includes, also, inde.
arbitrary division ot the value of the goods
cent acts by one against the will of another.
stolen. This division is DOW abolished in
5 Day. 81.
England (7 & 8 Goo. IV. c. 29. § 2) and in
many of the United States, but still 8ubsists LASHITE. or LASHLITE. A kind of
in some jurisdictions. forfeiture duri ng the government ot the
For the distinction between "181'ceny" and Danes in England. Ene. Lond.
� burglary," "extortion , " I< false pretenses,"
LAST, in old English law, signifies a
and "robbery," see those titles.
burden; also a measure of weight used for
LARCENY BY BAILEE. In Pen Dsyl cerLain commodities of the bulkier sort.
vania law. The crime of larceny committed
LAST COURT. A court held by ths
where "any person. being a bailee of any
twenty-four jurats in the marshes of Kent,
property, sball fraudulently take or CODV61't
and summoned by the bailiffs, whereby or4
the same to his own use, or to the use of any
ders were made to lay and levy taxes. impose
other person except the owner thereof. al.
penalties, etc., for the preservation of the
though be shall not break bulk or otherwise
said marshes. Enc. Lond.
determine the bailment." Brightly's Purd.
,Dig. p. 436. § 177. LAST HEIR. In Euglish law. He to
whom lands come by escheat for want ot
LARDARIUS REGIS. The king's lard
lawful heirs; that is, in some cases. the lord
erer, or clerk of the kitcben. Cowell.
of whom the lands were held ; in others, the
LARDING MONEY. In the manor of sovereign. Cowell.
Bradford. in Wilts. the tenants pay to their LAST RESORT. A court from which
lord a small yearly I'ent by this name. which there is no appeal is called the "court of last
is said to be for liberty to feed Lheir hogs with It
resort.
the masts of the lord's wood, the fat of a hog
being called "lard;" or it may be a commuLa· L A S T SICKNESS. That illness of
which a person dies is so called.
tion for some customary service of carrying
salt or meat to the lord's larder. Mon. LAST WILL. This term. according to
Angl. t. 1. p. a21. Lord Coke, is most commonly used where
lands and tenements are devised, and "testa_
LARGE. 1. Fr. Broad; the opposite of
ment" where it concerns chatteia. Co. LiLt.
"est1'eyte," strait or strict. Puru d larges.
IlIa. Both terms, however. are now gen
Britt. c. 34.
erally employed in drawing a will either of
LARONS. In old English law. Thieve•• lands or chattels.
In tbe co un ty. a BI. Com m . 286. Abolished LAUGHE. Frank·pledge. 2 Reeve, Eng.
by St. 2 Will. IV. c. 39. Law. 17.
judgment of a competent court, until reversed or king, it was assumed to be the result of direct di�
otherwise superseded, Is knc, as much as any stat- vine inspiration, Afterwards cume the notion 01
1It8. Indeed, it may bappen that a statute may be a oustom whioh a. judgment affirms, or punisbe.
pa,aed in violation of l.aw, that is, ot the !unda its breach, In tbe outset, however, tbe only au
meutal law or constitution of a state ; and it is the thoritative statement 01 right and wrong is a. judi
prerogative or courts in such cases to declare it cial sentence rendered after the fact has ocourred.
Toidtor, in other words, to declare it not to be law. It does Dot presuppose a law to have been violated.
Burrill. but is enacted for the first time by a higber form
into the judge's mind at the moment of adjudica
3. A ruleof civil co nduct prescr i bed by the
tion. Maine. Anc. Law, (Dwight'S Ed.) pp. xv, 5.
lIupreme power in a state. 1 Steph . Comm.
25: Oivil Code Dak. § 2 : 1'01. Code Cal. Synon yms and distinctions. Accord
ing to the usage in the Un i ted States, the
§ 4466.
name " con stitu tion" is commonly give n to
A " law," in the proper sense of the term,
the orga niC or fundam,ental law of 8 state,
11 a general rule of human action, tnki n g
and the'term Hlaw" is used i n contradistino
cognizance only of external acts. enforced uy
tion to tbe form er, to denote a statute or en
adeterminate authority. w hich auLhority is
actme n t of the legislative body.
human, and among h u ma n authorities is that
which is paramo u nt in a political society .
"Law,1I as dis tingui shed from "e quity, "
denotes the do ctri ne and proced ure of the
Holi. JUl'. 36.
c om m on law of England and America, from
A " l a w, " properly 80 called, is 8 command
which e q uity is a daparture.
which o1.l liges a persoll or persons; and, as
The term is also used in opposi tion to
distinguished from a par tic ular or occasional
"fact." Thus questions of law art! to be de
comman d, obliges geuer<111y to ac ts or for
cided by the COil rt, wh il e it is the province of
bearances of a class. Aust. Jur.
the jut'y to solve questions of fact.
A rule or enactment promulgated by the
legi slative authority of a state; a long-estab Classification. Witb reference to its sub
lished local custom which has tho force of ject�matter, law is either public or prifJate.
luch an enactment. 10 Pet. 18. Public law is that part ot the law w hich
4. In another sense the word signifies an en deals with lIle state, either by itself or in its
actment; a distinc t and complete act of posi rel at ions with i ndivid uals, and is di vided in
tive law; a statu te, as opposed to rules of civil to ( 1 ) cnnstitutional la w ; (2) adm i nistrati ve
conduct deduced from the customs of the law; (3) cri m inal l a w ; (4) criminal proced
people or j lHliClal prec eden ts. ure; (5) th e law of the stale consideretl in its
When theterUl " law'" is used to denote enact
quasi priv ate personality ; (6) the procedure
ments of the legislative power, it is frequelltlycoD relatin g to the state as so consi dered. noll.
fined, especially by English \Vriter� to permanent Jur. 300.
rules of civil conduot, as distinguished (I'om other
Law is :I1so divided into substantifJ8 and
acts, such as a divorce act., an approprintion bill,
an estates act. Rep. Eng. St. L. Com. Mar, 1856, adjecti'oe. S ubstantive law is that part of
the law which cr eat es rigbts and obl igations.
Historically considered. W ith refer
wh i le adjecti ve law provides a method of en
ence to its origin, "law" is derived eitber
forci ng and pro tecting them. In other words,
from j udicial pre cedent s, from legislation, or
adjecti ve law is the law of procedure. Holl.
from custom. That part of the law which is
Jur. 61. 238.
derived from judiCial pl'ecpdents is called
The ordinary, but not very useful, division
(' commo n law," " equ i ty, " or " admiral ty, "
of law j nto written and unwritten rests on
" probate, " or ('ecclesiastical law, " according
the same prinCiple. T he written Inw is the
to the nature of the courts by which it was
statute la w ; the unwritten law is the com�
originally enforced . (See the respective ti
m on law . (q. �.) 1 Steph . Comm. 40. fol
tles,) That part of the law which is derived
lowing Blackstone.
tram legislation is cal led the "statute law."
Kinde of statutes . Statute. are called
Many statutes are classed under one of the
" general " or upublic" when they atrect the
divisions above mentioned because they have
community at largei and local or special
merely modified or exten ded portions of it,
while others have created al together new
when thei r operati o n is confined to a limited
regi on, or particul ar class or interest.
rules . That pa rt of the law which is de-rived
Statutes are also either prospective or r&
tram custom is som etimes called the "cus
'1 t1'ospecti1Je,' the former. wuen they are in
tomary la w .
Sweet.
as to which, �ee CUSTOM.
p
tended to o erate upon future cases onlyj
the latter, when they m ay a lso embrace
The earliest notion of law was not an enumera
tion of a pl'inciple, but a. judgment in 0. po.rLicular transacti ons occu rri n g before their passage. M
cue. When pronounced in the early ages, by • Statutes are called " enabling" when the,
LAW 692 LAW FRENCH
confer new powers; 4lremedial" when their erty mortgaged. But this does not now 0c
efff'ct is to provide relief or reform abuses; cur untiJ foreclosure.
"penal" when they impose punishment, pe In old English law. Law day or lage
cnlliary or corporal, for a violation of their day denoted a day of open court; especially
provisio lls. the courts of a county or hu ndred.
5. In old English jurisprudence, "law" is
Law disfavoreth impossibilities. 'Ving.
used to signify an oath, or the privilege of
Max. p. 606. max. 155.
being s worn ; as in the phrases "to wage
one's la. W J " " to lose one's In w. " L a w d i s f a v o r e t h improbabilities.
As to the different kinds of law, or law reo 'Ving. Max. p. 620, max. 161.
ga.rded in its different aspects, see ADJECT IVE
LAW; ADlIlINISTRATrvE LAW; CoNS:'"'!1'U
Law [the law] favoreth oharity. Wlng.
Max. p. 497. max. 135.
TIONAL LAW; CRIMINAL LAW; INTERNA.
TIONAL LAw; LAW OF NATIONS; LAW OF Law favoreth common right. Wing,
NATUH.E j LAw - MEROHANT; MUNICIPAL Max. p. 547. max. 144.
LAW ; POSITIVE LAW; PRIVATE LAW; Plm
Law favoreth diligence, and therefore
LIO IJAW j RETROSPEOTIVE LAw ; SUBSTAN
hateth folly and negligence. Wing. Max.
TIVE LAW.
p. 665. max. 172; Finch. Law, b. 1, c. 3, DO.
LAW AGENTS. Solicitors practiCing 70.
In the Scotch courts.
Law favoreth honor and order. WIng,
Law always construeth things to the Max. p. 739, max. 199.
best. Wing. Max. p. 720. max. 193.
La.w favoreth justice and ri ght. Wing.
LAW ARBITRARY. Opp""ed to im Max. p. 502, max. 141.
mutable, a law not founded in the nature of
Law favoreth life, liberty, and dower.
things, but imposed by the mere will ot the
4 Bacon's \Vorks, 345.
legiSlat ure.
Law favoreth mutual recompense.
LAW BURROWS. In Scotch law. Se.
Wing. Max. p. 411, max. 108; Finch, Law,
curIty for the peaceable behavior of a partY i
b. 1, c. 3, no. 42.
security to keep the peace. Properly. a pro
cess for obtai n in g sucb security. 1 Forb. Law [the law] favoreth possession,
InBt. pt. 2. p. 198. where the right is equal. 'Vi ng. Max.
p. 375, max. 9� ; Finc h , Law, b . 1, c. 5, no.
LAW CHARGES. Th is phrase Is usecl,
35.
under the Louisiana Civil Code. to signify
costs incurred in court in tbe prosecution of Law favoreth public commerce. 'Ving.
a suit. to be paid by the party cast. 17 La. Max. p. 738, max. 198.
206; 11 Rob. ( La. ) 28.
L a w favoreth public quiet. Wing.
Law construeth every act to be lawful, Max. p. 742, max. 200j Fin ch , Law, b. l, Co
when it standeth indifferent whether it 3, no. 54.
should be lawful or not. \Ving. Max. p.
Law fa v o r e t h speeding of men'.
722, max. 194; Fi nch , Law, b. 1, Co 3, n. 76.
causes. Wing. Max. p. 673. max. 175.
Law construeth things according to
Law [the law ] favoreth things for the
common possibility or intendment.
commonwealth, [common weal. ] Wi ng.
Wing. Max. p. 70S, max. 189.
Max. p. 729, max. 197j Finch, l�aw, b. l, c.
Law [the law] construeth things with 3, no. 53.
equity and moderation. Wing. Max. p.
Law favoreth truth, faith, and car·
685, max. 183; Finch, Law, b. 1. c. 3. n. 74.
tainty. Wing. Max. p. 604. max. 154.
LAW COURT OF APPEALS. In
LAW FRENCH. Tha Norman French
.American law. An appellate trjbunal, for.
language, introduced into E n gland hy Will.
merly existing in tbe state of South Carolina.
i am the Conqueror, and which, for several
for heari ng appeals from the courts of law.
centuries, was, in an emphatio sense, the
LAW DAY. The day prescribed In a language of the English law, being that in
bond, mortgage, or defeasible deed for pay� wbich the proceedings of the co urts and ot
ment of the deut secured thereby. or, in de parliament were carried on, and in which
fault of payment, the forfeiture of the prop- many of the ancient statutes. reports, abridg.
LAW HATETH DELAYS 693 LAW OF NATURE
menta. and treatises were written and print� particular country. but consists of cOltain
ed. It la called by Blackstone a u barbaro us principles of eqUity anll uSlIges of trad e which
dialect. " and the later specimens of it fully general convenience and a common sense at
warrant the appellalion. but at the time of justice have establislled. to regulate the deal
Ita Introduction it was, as has been observed. i ngs of merchants and mari ners in all the
Lhe belt torm of the language spoken In Nor commerCi al countries of tbe civilized world.
mandy. Burrill. 3 Kent. Carom. 2.
Law hateth delays. Wing. Max. p . 67 4 . LAW OF ARMS. That law which
max. 176; FInch. Law, b. I, ch. 3, no. 71. gives precepts and rules concerning war;
how to make and observe leagues and truce,
Law hateth new inventions and inno
to punish otTenders in the camp. and suoh
••tions. Wing. Max. p. 756, Ill ax. 204.
lIke. Cowell ; Blount. Now more common
Law hateth wrong. "Wing. Max. p. 563, ly callell the "law of war," (q. v.)
max. 146; Finch, Law, b. 1 . ch. 3. no. 62.
LAW O F CITATIONS. In Roman law.
LAW LATIN. TlIfl corrnpt form of the An act of Valentinian, passed A. D. 426,
Latin IlI.nguage employed in the old English providing that the writings of only five ju
law-books and legal proceedings. It con· rists, viz., Pllpinian, Paul. Gaills, Ulpian,
tai ned many oorbarou8 words and combina and Modestinus. should be quoted as authori·
tions. ties. The majority was binding on the judge.
LAW LIST. An annual English publi If they were equally di vided. lhe opinion at
cation of a f}llQ,.'ji official <:haructer. comprising Papinian was to prevai l ; and i n such a case,
various statistics of interest in connection if Papinian was silent upon the matter, then
witll the legal profession. It includes (among the judge was free to follow his own view at
other information) the following matters : A the matter. Brown.
list of judges. queen's counsel, and serjeants Law ot' itself prejudiceth no man.
st la.w; tbe judges of t.he county courts j 'Ving. Max. p. 575. max. 148j Finoh, Law,
bcnchers of the inns of court; barristers, i n b. 1, c. 3, n o . 63.
alphabetical order ; the names of counsel
LAW OF MARQUE. A sort of law of
practicing in the several circuits of England
reprisal, which entitles him WllO has ra-.
and 'Vnlps; London attorDl:�Ys; country at .
to nations . 1 Kent. Comm. 2, note ; Id. 4, Wing. Max. p. 382. max. 101; Finch. Law.
note. See JUB 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. 1Iax. p . 403, max. 104; Finch, Law,
that is to say: (1) Natural laws j (2) positive or b. 1. c. 3. no. 40.
reverued law!!. A natural law is de.fined by Bur
lamaqui to be " a rule which so necossarily agrees Law [ th e law] respecteth the bond.
with "the nature and state of maD that, without of nature. Wing. Max. p. 268, max. 78;
observing its maxims, the peaco and happiness of Finch. Law, b. I, 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 tho law. or law Christian. Co. Litt. 344.
light of renson, fl'om the fact or their essential
agreeableness with the constitution of human LAW TERMS. See TERMS.
nature ; while, on the contrary, positive or re
vealed laws are not founGed upon the general can· LAW WORTHY. Being entitled to. or
etitutiou of human nature, but only upon the will baving the benefit and protection of. the law.
of God; though in other respects such law is es·
tablisbed 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 lawj lJaving the qualifications
monial or pOlitical laws at the Jews are of this
prescribed by law; not contrary to nor for.
latter class. 11 Ark. 527.
bidden by the law.
The principal distinction between the terma
LAW O� THE LAND. Due process of
"la.wful" and "legal" is that the former contem·
law. (q • •.) plates the substa·nce of law, the latter the form ot
By the la w of the land fs most clearly in law. To say of au act that it is "lawful " implies
tendecl. the general law which hears before i t that it is authorized, sanctioned, or at any rate not
forbidden, by law. To say that it is "legal'" im
condem ns, w hich proceeds upon inquiry, and
pUes 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 his manner. In this sense "illegal " approaches the
life, li berty, property. and immunities un meaning of "invalid. " For example, a contraot or
der the pro tection of general rules which Will, executed without the required formaUMes,
might be said to be invalid or illegal, but. could not
govern society. Evorything whkh may b e described as unlawful. Further, the word
pass under the form of an enactment is not "law!ul" more clearly implies an ethical content
the law of the land. Sedg . St. & Const. than does" legal. '" The latter goea no further than
to denote compliance with positive, technical, or
Law. (2<1 Ed.) 475.
formal rulesj while the former usually imports I
When first used in MaGna Charta" the phrase moral substance or ethical permissibility. A fur
"the law of the land " prohably meant the estalr ther distinction is that the word "legal " is used as
lisbed law of the kingdom, in opposition to the the synonym of "constructive," which "lawful " is
civil or Roma.n law, which was a.bout being Intra· not. '1'hus "legal fraud " is fraud implied or in
duced. It is now generally regarded as meaninjZ' ferred bylaw, ormade out by constrncLion. "Law
general public laws binding on all members at the ful fraud " would be a contradiction of terms.
community, in contradistinction from partial or Again, "legal" is used as the antiLhesis at uegui
private laws. 2 Tex. 251; 2 Yerg. 270; 6 Heisk. table. n Thus, we speak of "legal assets, " "legal
IS6. 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 iu
constitution, by the common law adopted by the which the two words aroused as exact equivalents.
constitution, or by statutes passed in pursua.nce of Thus, a "lawful" writ. warrant, or process is the
the constitution. 1 N. H. 58. same u.s a "legal " writ, warrant, or process.
It means the law as established in a fnir, open
trial, or after opportunity given for such trial, by LAWFUL AGE. Full age; majority;
due course and process of law; not. Ii bill of at·
generally the age of twenty. one years.
tainder. 6 Po,. St. 87.
of the country, even though it be contraband LAY, n. A share of tbe profits of . ftob.
of war; for a neutral has a rig ht to carry such in g or whaling voyage. allotted to the ome6ra
goods at his own risk. 1 J ohua. Cas. 1 ; 2 and seamen, i n the nature of w ages. S Story,
Joh ••. CIlS. 77; Id. 120. 108.
LAWYER. A person le.'uned in the law ; LAYMAN. On. of tbe people, and not
&5 an at tor ney, counsel. or solicitor. one of thE" clergy; one who is not of the legal
Any person who, for fee or l'ewart.l. prosecutes profession; one who is not of a particular
or defends causes In courts of record or otber ju� pl:ofession.
dictal tribunals of the United States, or of any of
the states. or whose business it is to give legal ad� LAYSTALL. A place for dung or soil.
vice in relation to any cause or matter whatever.
Acto! J"uly 18, 1866. § 9, (14 St. at Large, 121.) LAZARET, or LAZARETTO. Apest
house, or publi c hospital for persons affected
LAY, �. To state or allege in pleading.
with the more dangerolls forms of contagious
LAY, adj. Uelatlng to persons or things diseasesj a quarantine station for vessels
not clerical or ecclesiastical ; a person not in coming from countries where such diseases M
ACciesiastical orders. Also n on-pl"Ofess ional . are prevalent.
LAZZI 696 LEAGUE
LAZZI. A. Saxon term for persons of a phrase M curia advisa1i vult," (g. tJ.) 1
servile condilion. Chit. BI. Comm. 184, note.
La ley de Diau at ley de terre sont LEADING A USE. Where a deed was
tout un ; et run at l'autrs preferre at executed before the levy at a tine of land, for
favour Ie common et pubUque bien del the pu rpose of specifyi ng to whose use the
terre. The law of God and the law of the fine sbould inure, it was said to "lead" the
land are all OD8; and both preserve and favor lise. If executed after the fine, it was said
the common and p ublic good of the land. to " declare" the use. 2 Bl. ComlD. 363.
Keilw. 191.
LEADING OASE. Among the various
:t,.e ley est Ie pluB haut enheritance cases that are argued and dete rmined in the
que Ie roy ad, car per Ie ley 11 mesme courts, sume, from their important character,
et touts ses sujets sont rules ; et, si Ie have demanded more tban usual attention
ley ne fuit, nul roy ne nul enberitance from the judges, and from this circumstance
serra. 1 J. H. 6, 63. 'rhe law is the high are freq u en tly looked upon as having seWed
est inheritance that the king possesses, for or determ inerl the law upon all paints in·
by the law both he and all bis subjects are volved in such cases, and 8S gUides for sub·
ruled ; and, if there were no law. there would sequent decisions, and from the importance
be neither king nor inheritance. they thus acquire are familiarly termed " lend·
ing cases. " Brown.
LE ROI, or ROY. The old la w-French
words for "the king." LEADING COUNSEL. That one 01
two or more counsel employed on the same
LE ROI VEUT EN DELIBERER.
The king will deliberate on it. side in a cause who has the principal man·
This is the
formula which the king of the French used agement of the cause.
tending each other agai nst an enemy. Whar A contract in writing, under seal, whereby a
person having 0. le�al cst<lte in hereditaments,
ton.
corporeal or incorporeal, eonveys 0. portion of his
2. A measure of distance, varying in differ interest to another, in considera.tion of 0. certain
ent countries. The marine leag ue, markin g annual rent or render, or other recompense.
the limit of naUonal jurisdiction on the high Arcbb, LandI. & '1'ee. 2.
leas. Is equal to three geogrupbical (or ma " Lease" or "hire" is a synaUI\gmatic con
rine) mile. ot 6,075 f.et .ach. tract, to which consent alone is sufficient, and
by wh ich one party gi ves to the other the en
LEAKAGE. The wasLe or di minll tip!\
joyment of a th ing , or his lahar, at a fixed
of • liq uid caused by its leaking from th e
pdce . Civil Code La. art. 2669.
cuk. barrel, or other vessel in which it was
'Vllen the contract is bipartite. the one
�Iaced.
part is called the .. Jease," Lhe other the
Also an allowance made to an i mporter of
"counterpart. " In the United States, it is
I1quids, at the custom-bouse. in the collection
usual that both papers should be executed
ot duties. for hls 10s9 sustained by t he leak
by bolh parti es ; but in Engla nd the lease is
Ing ot the Uquid trom ita ca.k or v....l.
executed by the lessor alone, and given to
the lessee, while the co un te rpa rt is execuled
LEAL. Loyal; that which belongs to the
by the lessee alone, and gi ven to tbe lessor.
law.
A C01WU1'rent lease, or l ease of a reversion,
LEALTE. Legality ; the condition ot • is one granted fat a term which is to com
:
legalis homo, or lawful man. nHmce befo.e the determination of a previ
ous lease of the same land to another person .
LEAN. To incline in op in ion or prefer
An 'Unde1"lca,�·6 or sublease is one executed
ence. .A court is sometimes Mid to ulean
by the lessee of an estate to a third person,
againstll a doctr ine , constrllction, or vie w
conveying the same estate for a shor ter term
contended for. whereby it i8 meant that the
than that for which the lessee holds it.
court regardS it wtth disfavor or repu g nance,
because of its inexpedience, inj ustice, or in LEASE AND RELEASE. A .peci..
consistency. of con veyance much used in En gland, said
to have been invented by Serjeant Moore ,
LEAP-YEAR. See B,s.'EX·rILE. soon after the enactment of the statute of
LEARNED. Possessi ng learning; eru uses. It is thus con tri ved : A lease , or
dIte; versed in the law.1 In statutes pre rather bargai n and saJe u[Jon some pe c uniary
ICl'ibi ng the qual i flcations of j udges , "learned consideration for one year. is made by the
In the law" deS ignates one who has recei ved tenant of the freehold to the lessee or bar
gainee. This. without any enrol ment, makes
a regUlar legal education, the almost in vari
able evidence of wh ic h is the fact of bis ad the bargainor stnnd seised to the use of th e
miss i on to the bar. bargainee, and vests in the ba rga i nee the use
of the Lerro for one year. and then the statute
LEARNING. Legal doctrine. 1 Leon. immediatf>ly ann exes �he possession. .Being
71. thus i n posseSSion , be is capable of receivin g
a release of the freehold and reversion . which
LEASE, A conv eyanc e of lands or tene
must be made to lhe tenant in posseSS ion,
ments to a person for life, for a term of ye ,:lrs,
and accord ingly th e next day a release is
or at will, in consideration of a return of rpnt
gran ted to him. The lease and release. when
or some other reco mpense . The person who
used as a conveyance of tbe fee, bave the
80 conveys s uch lands or tenements is termed
jOint operation of a single con veyance , 2
the " lessor, " and the person to whom they
are conv eyed. the '&lessee j" and when the
B1. Comm. 339; 4 Ken t, Comm. 482; Co.
Litt. 207 ; Cr ui s. , Dig. tit. 32. c. 11.
lessor so con veys lands or tenements ,to a
lessee, be is said to lease, demise, or let them. LEASEHOLD. An estate in realty held
4 Cruise, Dig. 58. under a lease; an estate for 8 fixed term of
A conveyance of any lands or tenements, yea...
(usually in consideration of ren t or other an
LEASING, or LESING. Glea ning.
nual recompense.) made for life. for years, or
at will, but nl w ays for a less time than the LEASIN G - MAKING. In ol d Scotch
Jessor has in the pr em ises ; for, if it be for criminal law. Anotl'ense con sistin g in slan�
the wh ole interest, it is more properly an as derous and untrue speeches, to the d is dain,
signment than a lease. 2 Dl. Camm. 317; reproach, and con tempt of the king, hiacoun- M
Shep. Touch. 266; Walk. Conv . 220. cJl and proceedinis, etc. BelL
LEAUTE 698 LEGACY
to an action in trespass setting lip the con LEGACY. A bequest or gift 01 personal
!lent of the plaintiff to the trespass COlD property by last will and tt-stament.
plained ot. The word "legacy" properly impo rts a gift. of
personal, as "devise" does a gift of real. proper
LEAVE OF COURT. Permission ob
ty; but it may, by referenoe and construction, be
tailled from a court to talta some action descdptlve of real estate. 1 Burrows, 265, 272j a
which, w i �h()t1t such permission, would not Term, 716.
be allowable. Legacies are distinguished Bud designo.ted, ac
cording to their nature, as tollows : (1) A legncy
L E C C A T 0 R. A debaucbed person. of B particula r thing, specified , and dIstinguished
from a.ll othel's of the same kind belonging to the
Cowell.
testator, Is specific. If sucb legacy fails, resen
L E C H E R W I T E , LAIRWITE, or cannot be bad to the other property of tbe testa
tor. (2) A legacy is demonstrative when the par
LEGERWITE. A fine for adultery or for
ticular fund or personal property is pointed ou�
nication. anciently paid to the lords of certain from which it is to be taken or paid. It such fund
maDOI'II. 4 lost. 206. or property faUs. in whole or in part, resort may
be bad to tho goneral assets, as in caseof a general
LECTOR DE LETRA ANTIQUA. In legacy. (3) An annuity i!:S a bequest nf certain
Spanish law. A person apPOinted by com specified sums periodically. If tbe fund or prop
petent authority to read and decipher ancient erty out of which they are payable fails, reson
may be had to the general assets, as in C8.S8 of
writings, to the end that they may be pre
B general legacy. (4) A rosiduary legacy em·
sented o n the trial of causes as documents braces only that which remains after a.U the b&
entitled to legal credit. Escriche. quests of the will Ilre discharged. (5) All other
legacies a.re general legacies. Civil Code Dak.
LECTRINUlIl. A pulpit. Mon. Angl. S 755.
tom. II!. p. 243.
An absolute legacy is one gi ven without
of lectures; also a clergy man who assists 2 Vern. 181; 5 Vas. 461; 19 Ves. 86.
a bequest of all the testator's " goods," or bis sets as can be reached in the hands at an ex
Mbank-stock." Lown. Leg. 84. ecutor or administrator, by a Buit at law
A lapsed legacy is one which, in conse against him.
guonee of the death of the legatee before tbe
LEGAL CONSIDERATION. One reo
testator or before tho p�l'iod for vesting. has
ognized or permitted by the law as valid and
never vested.
lawful; as distinguishet1 from BucB as are
A >nodal legacy is a bequest accompanied
illegal or immoral.
with directions as to the mode i n which it
Ihould be applied for the legatee's be-netltj LEGAL CRUELTY. Such as will war
for example, n legacy to A," to put him an rant the granting of a divorce' to th� injured
apprenli(.'e. Low u . Leg. 15I. party j as distinguished. from sllch kinds or
A pecuniclTV legacy is a bequest of a sum degrees of cruelty as do not. under the stat
of money. It may or may not specify the utes and decisions. amount to sulficicnt caus'
fund from which it is to be dm wn. It is not for a decree.
the less a pecuniary legacy if it comprises the Legal cruelty may be dullned to be such conducG
on the part of the husband as will enda.nger the
Bpecific pieces of money in a designat.ed re-
life, limb, or bealth of the wife, or create a reason
ceptacle, as a purse or chest. able apprehension of bodily hurt ; such acts as ren
.A residuary legacy is a bequest of 3.11 the der cohabitation unsafe. or are likely to be attend
testator 's personal estate not otherwise effect ed with inj ury to the person or to ibe health of tbe
10; Bae. Abr. uLf'gaciel, " I ; 6 H. L. Cas. LEGAL DEBTS. Those that are re
217. coverable in a court of common law, as debt
A spectftc legacy is a gift of a particular on a bill of eXChange, a bond, or a simple con
portion of the testator's personal estate, spec tract.
ified and disti nguished from the rest ; or 8
L E G A L D E F E N S E. 1. A defense
bequest ot ear-murked money or ot other ear
which is complete and adequate in point of
marked fungible substance. in mass, or of
law.
any non-fungible substance by description.
2. A. defense which may be set up in a
A. trus t legacy is a bequest of personal
court of law; as distinguished fl'om an
property to trustees to be held upon trust; as
" equitable defense." which is cognizable
to pay the annual income to a beneficiary for
only In a court of t!quity or court possessing
ilf•.
equitaule powers.
LEGACY DUTY. A duty imposed in LEGAL DISCRETION. Tbe discretion
England upon personal property (other than
t o be exercised by a judge in interpreting the
leaseholds) devolving under any will or in
law. or in applying equitable principles to the
testacy. Brown. determi nation at causes or the granting at
LEGAL. 1. Conforming to the law; ae. relief.
cording to law; required or perm itted by law; LEGAL ESTATE. That kind of est.t.
not forbidden or discountenanced by law; which is properly cognizable in the courts of
good and effectual in law. COOlmon law, though noticed. also, in the
2. Proper or sufficient to be recognized by courts of equity. 1 Steph. Comlll . 217.
the law; cognizable i n the courtsj competent
LEGAL HEIRS. This phrase, used in a
or adequate to fulfill the requirements of the
devise or a policy of life insurance. will be
law.
held to mean those to whom the law would
3. Cognizable in courts of law, as distin
give the person'8 propertyt real and personal,
guished from courts of eqUity; construed or
if he should ditlin testate. 88 ll1.251; (Tex.)
governed by the rules and principles of law,
8 s. W. Rep. 203.
in contradisti nction to rules of equity.
4. Posited by the courts as the inference or LEGAL HOLIDAY. A. day deSignated
tmputation of the law, a! a matler of coo by law as exempt from judicial proceedi ngs.
Itruction, ratber thao establ ished by actual service of process. demand and protest of
- �
A n administrator has no right untfl letlers It occurs in the phrase, "probt d legtlles
are iS8U!'d to him. Therefore he cannot ben humines. " ( good and lawfnl men, competent
efit (as respects the time before obtaining let j urors.) and " h'gality" designates the condi.
ters) by a saving clause in a statute of lim� tion of such a man. Jacob.
itations in favor of persons under a legal in
LEGALIS MONE'l'A ANGLIlE. Law·
capacity to sue. 1 Root, 187.
ful money of Engllmd. 1 Inst. 207.
LEGAL INTEREST. Th at rate of in·
terest prescribed by the laws of the particular LEGALITY, or LEGALNESS. Low·
state or country as the high est which may be tulness.
In wf ully con tracted for or exacted . and wbich
LEGALIZATION. Tbe act at legaliz.
must be paid in all cases where the law al
ing or making legal or lawful. See LEGA.lI
lows interest wit ho ut the assent of the
lZE.
debtor.
LEGALIZE. To make legai or lawful;
LEGAL IRREGULARITY. An irreg.
to confirm or validate what was before void
ulari ty occurring in the course of some legal
or unlawful; to add the sanction and author
p roceeding. A defect 01' informality w hich,
ity of law to that which before was without
in the techn ical view of the law, is to be nc.
or against law.
counted an irregularity.
L E G A L LY . Lawf ully ; according to
LEGAL MALICE. An expression used
law.
as the equivalent of "constructive maliee, "
or " malice in law." 52 Me. 502. L E G A N T I N E CONSTITUTIONS.
The name of a code of ecclesiastical laws. en
LEGAL MEMORY. See MEMORY.
acted in national synods, beld under legates
LEGAL MORTGAGE. A term u sed In from Pope Gregory lX. and Clement IV., in
Louisiana. The law alone jo certai n cases the reign of Henry Ill. , about the years 1220
gives to the creditor a mortgage on the prop and 1268. 1 BI. Comm. 83.
erty of his debtor, without it being requisite
LEGARE . Lot. In the civil and old
that the parties should stipulate it. This is
English law. To bequ eathi to leave or give
called " legal mortgage. " Civil Code La.nrt.
by will; to give in anticipatlOn of lleath. In
3811.
Scotch phrase. to legate.
LEGAL NOTICE. Such notice .. i. ade
qu ate in point of law; su ch notice as the law LEGATARIUS. Lat. In the civil law.
requires to be given for the specific purpose One to whom a thing is beq ueathed; a legatee
phrase is commonly used as the &quivalent LEGATEE. The person to whom a leg .
LEGATORY. The third part of a free proposed law; to make or pass it. Tayl. Civil
man's personal estate, which by the custom Law. 9.
of London, in case he had a w it'e and child ren, LEGEM SCISCERE. Lat. To give
the freeman might always have dis posed of consent a.nd authority to a proposed law; ap
by wi ll . Bac. Abr. "Customs of London,"
plied to the consent of the people.
D. 4.
Legem terrm amittentes, perpetuam
Legatos violare contra jus gentium est.
infamire notam inde merito incurrunt.
4 Coke, peef. It is contrary to the law of
Th.ose who lose the law of the land . then
nations to inj ure ambassadors.
justly incur the ineffaceable brand of in
gether. Justini an, however, made the leg est periculosissima.. The practice of fixing
acy good. and enabled the representati ve to and refixing [m aki ng and rem akillg] the
Legatus regis vice fungitur a. quo des Leges humanre nascuntur, vivunt, et
tinatur et honorandus est sicut ille cujuB moriuntur. Human laws are born, live,
vicem gerit. 12 Coke. 17. An am bassa anu die. 7 Coke. 25; 2 Atk. 674; 11 C. B.
dar fills the place of the king by whom he is 767; I HI. Comm. 89.
sent, and i:s to be honored as he is whose Leges naturre perfectissimre Bunt at
place he Hill! . immutsbiles ; humani vero juris condi
tio se mper in infinitum deourrit. at nihil
LEGEM AMITTERE. Lat. To lo.e
est in eo quod perpetuo stare possit.
one's law; tbat is. to lose one's privilege of
Leges humanre nasountur, vivunt. mo
being admitted to take an oath.
riuntur, The la ws of nature are most per·
LEGEM FACERE. L. Lat. InoidEn. fect and immu table; but the condi tion of
glish law. To make law or oath. human law is an unending succession, and
there is nothing in it which can continue
LEGEM FERRE. Lat. I n Roman law.
perpetually. Human laws are born, live.
To propose a law to the people for their adop
and die. 7 Coke, 25.
tion . Heinecc. Ant. Rom. lib. I, tit. 2.
LEGES NON BCRIPTlE. Lat. In
LEGEM HABERE. Lat. To be capa English law. U n w ritten or customary laws,
ble of givin g evidence upon oaih. Wit including those a ncient acts of parliament
nesses who had been conv icted of crime were wbich were made before time of memory.
incapable of giving evidence, until 6 & 7 Viet. Haie, Com. Law, 5. See I HI. Comm. 63, 64.
c. 85.
Leges non verbis, sed rebus, sunt im
LEGEM JUBERE. Lat. In Roman p ositoo. Laws are imposed, not on words, M
law. To give consent and authority to a but things. 10 Coke, 101; Branch . Prine.
LEGES POSTERIORES, ETO. 702 LEGITIMUB
Leges auum ligent latorem. Laws claimed the benefit of clergy,-does he read
should bind their own maker. Fleta. lib. 1, or not? If tbH ordinary found that the pris
c. 17, � 11. oner was entitled to clergy, his formal an·
swer was, " Legi.t ut clericlts," he reads like &
LEGES TABELLARIlE. Lat. Roman
clerk.
laws regu lating the mode of \'oting by ballot,
(tabella.) I Kent, Camm. 232, note. LEGITIM. In Scotch law. Tho chil·
dren'8 share in the father's movable�.
Leges vigilantibus, non dormlentibuB,
subveniunt. The }aws aid the vig i lant. not LEGITIMACY. Lawful bil'th ; theeon
the neg l ige nt. 5 Johns. Ch. 122, 145; 16 dition of being burn in \yedlock ; the opp osite
How. Pro 142, 144. of illeg i timacy or bastardy.
Legis minister non tenetur in exeou LEGITIME. Lat. In tbe civil law.
tione officii sui, fugere aut retrocedere. That p ortion of a parent s estate at which he
'
T he minister of the law is bound, in the ex can not disinherit bis children without a legal
cution of his oltice, not to fly nor to retr eat .
cause .
Branch, Prin e.
Legitime imperanti parere necease
LEGISLATION. The act of giving or e9t. Jenk. Cent. 120. One law fully com·
enacting la ws. mandmg must be obeyed.
LEGISLATIVE POWER. The law
LEGITIMI HlEREDES. Lat. In Ito
making power; the department of governmen t
man law. Legitimate beirs; tbe agnate r&
whose function is the framing and enactment
lations of the estate-leaver; so called because
Of laws.
the inberitance was given to them by a law
LEGISLATOR. One who makes laws. of the Twelve Tables.
IAl'"L1Ug � �:tro.ct Is the choosing ODe from ters from the post-olll.ce to the persons to
�mong the number of bidders, nnd tbe forma! mak
whom they are addressed.
,tlg of the contract with him. Tbe letting. or put
t-ing out, is a dUlerent !'biug frow tbe invitation to LETTER MISSIVE. In English law.
make proposals; !'he letting is subsequent to the
.A letter from the king or queen to a dean
t.nvitation. It is the act of awarding the contract
to the proposer, after the proposal� have been ro
and cbapt("lr, containing the name of the per
,-6ived and considered. See 55 Ala. 83, S5. son whom he would have them elect as bishop.
1 Stepb. Comm. 666. A request address ..' to
LET, n. In old conveyanci ng. Hindrance;
a peer. peeres�. or lord of parliament against
ifbstructionj interruption, Still occasionally
whom 8 bill bas been filed desirin g the d&
-:aed in the phrase " without any let, suit.
fendant to appear and answer to tlJe bill.
frouble," etc.
In oivil·law practice. The phrase II let
LET IN. In practicP, To admit a party ters missiTe," or "letters dimissory, It is some
iM a matter of favor; as to open a j udgment times used to denote the paper s sent up OD
and "Jet the defendant in" to a defense. an appeal by the judge or court below to the
superior tribunal, otherwise called the "apos<
LETHAL WEAPON. In Scotch law.
A deadly weapon.
tles," (g. v.)
LETTER OF ADVI CE. A communi·
LETRADO. In Spanisb law. An advo
cation frow one person to another. ad vising
cate. White, New Recop. b. I, tit. 1. c. 1,
or warning the latter of something which
§ 3, note.
he ought to know, and commonly appris·
LETTER. 1. One of t.he arbitrary marks jng him befort'hand of sOlUe act done by the
or characters constituting the alpbab e t, and Wl"lter which will ultimately affect the recip
used in written lan g uage as the representa. i�nt.
tivea of sounds or arliculations of the human It 115 usual and perfectly proper for the
organs of speech. Several of the letters of drawer of a bill of exchange to write a letter
the English alphabet have a sp ecial signifl� of advice to the dra wee, as well to prevent
cance in jurisprudence, as abbreviations and fraud or alteration of tbu bill. as to let the
otherwise. or are employed as n um erals. drawee know whllt provision has been malIa
2. A dispatch or epistle; a written or for the payment of the bill. Chit. Bills,
printed message; a communication in writ. 162.
ing from ODe person to another at a distance.
LETTER OF ADVOCATION. In
3. In the imperial law of Rome, lI letter "
Scotch law. The proces� or warrant by
or " epIs tle " was the name of the answer re�
which, on appeal to the supreme court or
tu rned by the emperor to a qu eslion of law
court of session, that tribunal assumes to
su bmitted to him by the magistrates.
itself jurisdiction of the cause, and discharges
4. A commission. patent, or w ritten In�
the lower court from all further proceedinga
etrument containing or attesting the grant at
in tbe actlon. Ersk. Inst. 732.
some. power. authority, or rig ht. 'fhe word
appea rs i u this generi c sense i n many com LETTER OF ATTORNEY. A. power
pound phrase! known to comillerchd law and of attorney ; a writ.ten instrument by which
j u risprudence; e. g., letter of attorney, letter one person constitutes another bis true and
missive. letter of crcd it. letters patent. The lawful attorney, in order that tbe latter may
plural is frequently used. do for the for m er, and in his place and stead,
5. Metaphorically, th e verbal expl'essi o n ; some lawful act.
the st.rict literal meaning. The letter of a
LETTER OF CREDENCE. In inter·
st at ute, as distinguished from its Spi1·it,
national law. The document wbich accred
means the strict and exact force of the lan
its an ambassador, mi nister, or envoy to the
guage employed, as distinguished from the
court or government to wbich he is sent; i.
general purpose and policy of lhe law.
e., certifies to hie app ointment and qualifica
6. He who, b ei ng the owner of a thing,
tion, and bespeaks credit for his official ac
lets it out to another for hire or compensa
tions and representations.
tion. Story, Bailm. § 369.
LETTER OF CREDIT. A.n open or
LETTER-BOOK. A book in which a
sealed letter. from a merchant in one pl ace.
merchant or trader keeps copies ot letters
directed to another, in a nother placB or coun
sent by him to his correspondents.
try, requiring bim, if a person therein
LETTER-CARRIER. An employe of Ilamed, or the bearer of the letter. shall have
the poat-office, whose duty it is to carry let;.. occasion to buy commodities, or to wan�
LETTER OF CREDIT 705 LETTEHS OF SAFE CONDUCT
money to any particular or unlimited amount. ceased, which neither make bim executor I.; ,r
either to procure the same or to pass his prom administrator; his only business being to t.vI·
ise. bill, or bond for it. the writer of the let leet the goods and k eep them i n his safe C,JS
ter undertaking to provide him the money tady. 2 Bl. Comm . 505.
tor the goods. or to repay bi III by exchange. LETTERS CLOSE. In English law.
or to give him sitch sat isfaction as he shall Close letters are grants of the king. anel, be 4
require. either for himself, or the bearer of ing of private concern, they are thus distin
the Idter. S Chi t. Com. Law, 336. g u isbed from letters patent.
A letter of credit is a written irrstrument,
addressed by one person to another. req uest LETTERS OF ABSOLUTION. Ai>
Ing the lattAf to give credit to the person i n sol vatory letters. used in former times. when
whose fa\'or i t i s drawn. Civil Code Cal. an abbot rele ased any of his brethren ab
§ 2B58. omnia subjectio1le et obedientia, etc.. and
made them capable of entering into some
LETTER OF EXCHANGE. A bill of
other order of religion. Jacob.
exchange, (go ". )
LETTERS OF ADMINISTRATION.
LETTER OF LICENSE. A letter or
The i nstrument by which an administrator
written instrument given by cre di tors to
or administratrix is authorized by the probate
their debtor, who has failed in trade, etc . •
court. snrrogate, o r other proper officer. to
all owi n g h i m lo nger time for tho payment of
have the charge and administnltion of the
his debts. and protecting him from arrest in
goods and chattels of an intestate.
tbe mean tIme. Tomlins; Bolthouse.
LETTERS OF CORRESPONDENCE.
LETTER OF MARQUE. A commis·
In Scotch law. Letters are admissible in ev
sia n given to a private ship by 8 govern men t
idence against the panel, i. e., the prisoner
to make reprisals on tbe ships of another
at th e bar, i n cri m inal trials. A letter wri t
state; hence, also, the Shi p �h us commis4
ten by the pa nel is evidence again s t him;
lioned.
not so o ne fro m a third party fo u nd in 11i8
LETTER OF RECALL. A document poss essio n. Bell.
addressed by the executive of one nation to
LETTERS OF FIRE AND SWORD.
that o[ another, infor m in g the latter that a
See FmE Az...TJ> SWORD.
min ister sent by the former has been recalled.
LETTERS OF HORNING, i n the law
LETTER OF RECOMMENDATION. Scotland, are letters ru n ning in the sover4
A w ri ti ng whereby one person certifies eign's nam e and passing the Si gne t. T hey
concerning another that he is of good charac4 are directed to messengers at arms, as sher
ter, solvent, possessed of cOIUu.:wrc:ial credit, iffs in that part, (i. e., persons specially ap
skilled in his trade or profession, or otherwise pointed to perform particuifLr d uties apper
worthy of tr ns t, aid, or employment. It tain ing to the office of s heriff ,) to cbarge the
may be addressed to an ind i v id ual or to whom person a gainst whom the letters are dil'ected
it may concern, and is design ed to aid the to pay or perform ill terms of the- " wilJ" of
perSall commended in obtaining credit, em4 the letters. which must ue consistent with
ployment, etc. See 18 How. 198. the warra n t au which the letters proceed.
The warrant on which t he letters proceed is a
LETTER OF RECREDENTIALS. A
d ecree either of .the conrt of session or of
doc ument embodying the formal action of a
some inf<:!rior court. Dell.
government upon a letter of recall of a for
eign minister. It, in effect, accredits him LETTERS OF REQUEST. A for mal
back to his own government. It is addressed instrument by which au i nferior judge of eC4
to the latter government, and is delivered to clesiastical j urisdiction reques ts the ju dge of
the m in ist er by the diplomH tic secretary of a s up erior court to take and determi ne any
the state from which be is recaUed. mat.t.er which has com e before him. thereby
waiving or remitting lIis own j u risdict ion .
LE T T E R S AD COLLIGENDUM.
This is a mode of beginni ng a suit originally
BONA DEFUNCTI. In practice. In de.
in th e court of arches, instead of the consis
fault of the represe n tatives and creditors to
tory court.
admi nister to the estate of an int estate. the
LETTERS OF SAFE CONDUCT. No
M
officer entitled to grant letters of admi nistra
tion may grant, to sucl) persons as be ap4 SUbject of a nation at war with En gland can,
pro v es , l6tters to collect the goo& of the de-- by the la w of nations, come into the l'oolm,
AM.DfCT.LAW-4.C)
LETTERS OF SLAINS 705 LEVARI FACIAS
Dor can travel hi mself upon the high seas, or countersigned by a secretary of state, autbor
send bis goods and merchandise from one izing the imprisonment of 8 person. It 11
place to another, without danger of being said that they were devised by Pere Joseph,
seized, unless he bas letters of safe conduct. under the ad mi nistration of Richelieu. They
wbich. by di vers old statutes, must be granted were at first made use of occasionally as I
under the great seal, and enrolled in chan means of delaying the conrse of justice; but
cery, or else are of no �ffect; the sovereign during the' reign of Louis XIV. they were
being the best judge of such emergencies as obtained by any person of suflicient Influence
may deserve exemptivn from the general Jaw with the kingol' bis ministers. Under tbem,
of arms. But passports or licenses from the persons were imprisoned for life or lor a long
a m uassadors auroad are now more usually ob period on the mo:st frivolous pretexts, for the
tained. and are allowed to be of equal valid.. gratification of private pique or revenge, and
Ity. Wbarton. without any reason being aSSigned for such
LETTERS OF SLAINS, or SLANES. punishment. They were also grimted by lhe
Letters subscribed by the relatives of a per- king for the purpose of shielding biB favor
8011 who had been slain, declaring that they ltes or their friends from the consequences
of their crimes; and tbus were as pernicious
had received an assythment, and concurring
in an application to the crown for a pardon in their operation as tlle protection afforded
to the offenuer. These or other evidences of by tilo church to criminals in a �ormer age.
Abolislleu. during the Revolution of 1789.
their concurrence were necessary to found .
Wharton.
the application. Bell.
distinguished from letters close. An instru leaglle, conSisting ot fifteen hundred paces.
ment proceedin g from the government, and Spelman.
conveying a right, authority, or grant to a n In old English law. A leaglle or mile of
individual, as a patent for a tract o f land. or a thousand paces . Domer;day ; Spelman.
for the exclusive right to make and sell a new A privileged space around a monastery of
invention. Famili arly termed a "patent." a league or mile in circuit. Spelman:
obtained by thll mortgagee, or his assignee. up) a nu isance ; to levy (acknowledge) a fine ,
Jpinet the m ortgagor, under a peculiar pro to levy (inaugurate) war; t o levy an execu·
oeed ing authorized by s tatute. 3 BOllY. lost. tiOD , i. e., to levy or collect a sum of money
ao. 8396. on an execution.
LEVARI FACIAS DAMNA DE DIS LEVY, u. In practi ce. .A seiz ure i the
BBISITORIBUS. A writ formerly directed raising of the money for which an execution
&0 tbe IIheriff tor the levying of damages, bas been issued.
which a disseisor had been condemned to pay
LEVY COURT. A court formerly ex
10 tbe di8seisee. Cc well isting in the District of Columuia. It was a
LEVARI FACIAS QUANDO VICE body charged with the admin istration of tbe
COMES RETURNAVIT QUOD NON ministerial and fi nancial duties of 'Washing
HABUIT EMPTORES. An old writ tau county. It was charged with the duty
commanding the sheriff to sell the goods at of layi ng out and repairing roads , building
adebtn r which he had already taken. and had bddges, prOViding poor-houses, laying aod
retnrned Lbat be could not sell them; and as collrcting the taxes necessary to enable it to
much more of tile debtor's goods as would uischHrge these and other duties, and to pay
eatisfy the whole debt. Cowell. the other expenses of the county. It hud
capacity to make contracts in reference to
LEVARI FACIAS RESIDUUM DEB any of thesQ matte.rs. aDd to raise money to
ITt. An old writ directed to the sheriff for meet such con tracts . It had perpetual suc
levying the l'f'mnant of a partly..gatisLied debt cession , clOd its fU nctions were those which,
upon Llle lauus an't tenements or chattels of in the seve ral states, are perfor m ed by "COUD
the deLlar. Cowell. ty commissioners." "overseers of the poor,"
Ucounty su pervisors," and similar bodies
LEVATO VELO. Lat. An expression
used ir, theUoman law, anel applied. to the trial
with otber deSignations. 2 Wall. 507.
Other 8pecific meanings of the word 1n Ro Lex Angl im nunquam matris sed sem
man jurisprudence were 8S follows: per patris conditionem Imitari partum
Positive law, as opposed to natural. judieat. Co. Litt. 123. The law of England
That system of law which descended from rules that the offspring shall always follow
the Twelve Tables, and formed the basis ot. the condition of the father, never that of the
�ll the Roman law. mother.
The terms of a private coyenant;
. the con�
dition of an obligation. Lex Anglim nunqua.m s ine parliamen·
..A. form of words pr.escribed to be used upon t o mutari potea t. 2 lnst. 218. The law of
particular occasions. England cannot be changed but by pOlUS
In the language of the middle ages, ulw" ment.
meant a body or collection ot law i not a
LEX APOSTATA. A thing contrary to
" code,)I in the proper sense of. that term.
law. Jacob.
Mackeld. Rom. Law, § 98,
In old English law. A body or collec LEX APPARENS. In old English and
tion of law; particularly, the Roman or civil Norman law. Apparent or manifest law.
law. Also the oath of a party with compur A term used to denote the trial by battal or
gators : as legem facere, legem vadian, etc. duel, and the trial by ordeal , "le.v" having
Sometimes in the sense of legal rights; civil the sense of process of law. Called "appar.
rights ; the protection of the law; as in the ent" because the plaintiff was obliged to
phrase II legem, amittere. " make his right clear by the testimony ot wit
nesses , before he could obtain an order from
LEX lELIA SENTIA. In Roman law.
the court to summon the defendant. Spel.
The lElian Sentian law. respecting wills,
' man.
proposed by the consuls lElius and tientius,
and passed A. U. C. 756. restraining a master LEX AQUILlA. In Roman law. The
from manumitting his slaves in cel'tain cases. Aquilian law; a celebrated Jaw passed on the
Calvin. proposition of the tribune C. Aquiliua Gallus,
Lex: requitate ga.udet. Law delights in A. U. C. 672, regulating the compensation to
equity. Jenk. Cent. p. 86, ca,e 69. be made for that kind of damage called "in·
jurious," in the cases of killing or wounding
LEX AGRARIA. In Roman law. The
the slave or beast of another. Inst. 4. 3;
agrarian law. A law proposed by Tiberius
Calvin.
Gracchus, A. U. C. 620. that no one sbonld
possess more than five hundred acres of land j LEX ATILIA. The Atilian law; a law
and that three commissioners should be ap of Rome proposed by the tribune L. Atilius
pOinted to divide among the poorer people Regulus, A. U. C. 443, regulating the ap
what any one had above that extent. pointment of guardians.
Lex Anglim non patitur absurdum. 9 Lex beneflcialis rei oonslmili reme
Coke, 22a. The law of England does not dium prrestat, 2 Inst. 689. A beneficial
suffer Rn absurdit,r. law affords a remedy for a similar ca.se.
LEX BltEHONIA 709 LEX ET CONSUETUDO REGNI
LEX BRETOISE. The law of the an Lex deflcera non potest in justitia
o1ent Britons. or Marches of Wales. Cowell. exhibenda. Co. Litt. 197. The law can
not be defective in dispensing j ustice.
LEX BURGUNDIONUM. The law of
LEX DERAISNIA. The proof of a
the Burgundians, a bal'barous nation of Eu
thing which ODe denies to be done by him,
rope, first compiled and published by Glinde
where another affirms it; defeating the as
bald, one of the last of their kings, about A.
sertion of bis adversary, and showing it be
D. WO. Spelman.
against reason or probability. This was used
Lex citina tolers1"8 vult privatum among the old Romans, as well 88 the Nor
damnum quam publicum malum. The maDS. Cowell.
law will more readily tolerate a private loss
Lex dllationes semper exhorret. 2
Ihan a public evil. Co. Litt. 152.
Inst. 240. The law always abhor. delay•.
LEX COMITATUS. The law of the
LEX DOMICILII. The law of the dom
county, or that administered in the county
icile. 2 Kent. Comm. 112. 433.
eourt before the earl or his deputy. Spel
man. Lex est ab reterno. Law is from ever
lasting. A strong expression to denote the
LEX COMMISSORIA. In Roman law. remote antiquity of the law. Jenk. Cent.
A law by which a debtor and creditor might p. 34. case 66.
agree (where a thing had been pledged to the
Lex est dictamen rstionis. Law is the
latter to .ecure the debt) that, if the dehtor
dictate of reason. Jenk. Cent. p . 117, case
did not pay at the day. the pledge should be
33. The common law will j udge according
come the absolute property of the creditor.
2 Kent. Comm. 583. This was abolished by to the law of nature and the public good.
I law of Constantine. Lex est norma reoti. Law is a rule of
A law according to which a seller might right. Branch, Prine •
LEX FALCIDIA. In Roman law. The owner's in terven tion . 4 Steph. Comm. (7th
Falcidian law ; a law passed on the motion Ed.) 118.
ot the tribune P. Falcidius. A... U. C. 713, for·
LEX IMPERATO RIA. The Imperial
bidding a testator to give more in legacies
or Roman law. Quoted under th i s name, by
than three-fourths of all his eslate. or. in
otlwJ' words. requiring him to leave at least
Fleta, Jib. 1, c. 38 . § 15; Id. Jib. 3. c. 10.
laid to be still discoverable in some parts ot Lex non intendit aliquid 1mpossibUe.
Italy. The law does not intend anything impossi.
ble. 12 Coke, 89a. For otherwise tbe law
LEX MANIFESTA. Man ife.t or open
should not be of any effect.
law; the trial by duel or ordeal. The same
with l@ apparens, (g. '0.) In King John 's Lex non patitnr fractiones et divisi·
charter (cbapter 38) and the articles of th at ones statuum. The law does not 8ufter
cbarter (cbapter 28) the word " manifestam" fract ion s and div isions of es tatee. Branch,
Ia omitted. Princ,; 1 Coke, 87a.
LEX MERCATORIA. T he law-mer Lex non pl'oocipit inutilia., quia inu·
chant. Tlmt systpm of laws which is adopt tilis labor stultus . Co. Litt. 197. Tbe
ed by all commercial nations. and c onstit u tes law commands not useless things, because
• part of the law of the land. useless labor is foolish .
Lex necessitatis est lex temporis ; 1. e., Lex non requll'it verificari quod ap.
instantis. The law of n ec essity is the law paret curile. The law does not require that
of the time; tbat is. of the instant, or pres· to be verified [or proved] which is apparent
ent moment. Hob. 159. to the cour t. 9 Coke, 546.
Lex neminem cogit ad vana Beu in.. LEX NON SCRIPTA. The unwritten
utilia peragenda. The law compels no one or common law, which includes general and
to do vain or useless thin gs . 5 Coke , 21a, particular c us toms, and particular local law8.
Co. Litt. 197b,. Broom, Max. 252.
LEX ORDINANDI. The aam. as /"",
Lex neminem cogit ostendere quod fori, (g. �.)
neseil'e prresumitur. LotIt. 569. The
LEX PAPIA POPP1E:A. In Roman
law compels no one to show that which he is
Inw. The Pnpian P opprean law ; a Inw pro
presu med not to k now .
posed by the cons uls Papilla and Poppreus at
Lex nemini facit injuriam. The law the desire ot A ug ustu s. A. U. C. 762, enlarg
does injury to no ono. Branch, Prine. ing tlle Lc:IJ Pratoria, (q.1'.) Inst. 3, 8, 2.
Lex nemini operatur iniquum. The Lex plus laudatur quando ratione pro
law works in justice to n o one. Jank. Ce nt. batur. The law is the more praised when
p. IS, ca•• 33. it is approved by reason. Broom, Max. 159.
Lex nil facit frustra. The law does Lex posterior derogat priori. A later
nothi ng in vain . 1 Ventr. 417; Jenk. Cent. statute takes away the effect of a prior one.
p. 12, case 19 j Br oom, Max. 252. But the later statute must either expressly
Lex nil frustra jubet. The law com repeal. or be m anifestly repugnant to, the
mands notbing vainly. 3 Buist. 2S0. earlier one: Broom, Max. 29; Mackeld.
Rom. Law, § 7.
Lex non a. rege est violanda.. Jenk.
Cent. 7. The law is not to be violated by LEX PR1E:TORIA. In Roman law .
the king. The Prretorian law, A law by which every
freedman who made a will was commanded
Lex non cogit ad impossibilia. The
to leave a moiety Lo bis patl'on. lnst.3, 8, 1.
law does not com pel the doillg of im possi The term has been applied to the rules that
billties. Hob. 96; Broom, M ax . 242. govern in a court of equity. Gilb. Ch. pt. 2.
Lex non curat de minimis. Hob. 88. Lex prospicit, non respicit. Jenk.
The law cares not abou t trifles.
Cent. 284. The law looks forward, not back·
Lex non deficit in justitia exhibenda. ward.
The law does not fail in showing j ustice.
Lex punit mendaclum. The law pun·
Jenk. Cent. p. 31, cas e 61. wbee falsehood. Jenk. Cent. p. 15. case 26.
Lex non exacte deftnit, Bed arbitrio
LEX REGIA. In Rom an law . T be
boni viri permittit. T he law does not de
royal or imperial law. A law enacted (or
fine exactly, but trusts i n the judgment of a
s upp osed or claimed to have been enacted ) by
good man. 9 Mass. 475.
the !loman people. constituting the emperor
Lex non favet delicatorum votis. The a source of law. conferring the legislative
law favors not the wishes of the dainty. 9 power upon him. and acc ording the force and M
Il<>ke. 5S; Broom. Max. 379. obligation of law to.') the exp ression of hi�
LEX REI SITlE 712 LEX WALLENSYl,A
LEX REI SITE. The law of the place . Lex Bempe� dabit remedium. The la'll
)f situation of the thing. will always g ive a remedy. Branch. Princi
Broom . Max. 192.
Lex rejicit superflua, pugnantia, in
Lex semper intendit quod nonvenU
congrua. Jenk. Cent. 183. The law re
rationi. Co. Litt. 78b. The law always in.
jects superfl uous, contradi ctory, and incon
ancient code, said to have been compiled tion; which requires the inflIction upon 8
ahont the year 420, embraced the laws and wrongdo er of the same injury which he has
customs of that people, and is of great his.. cau sed to another. Expressed in the Mosaic
torical value, in connection with the origins law by the formula, "an eye for an eyei iJ
of feuda.lism and similar 8ub jects . Its most tooth for a tooth , :t etc. In modern interna·
celebrated provision was one which excluded tional law, the term describes the rule by
wh ich one state may inflict upon the citlzens
women from the i n iJeritance of landed �
of another state death. imprisonment , or otb·
tates, by an extension of w h ich law females
were always excluded from succession to er hardship, in retaliation for similar inj uries
tbe crOWD of France. Hence this pro imposed upon its o wn citi zens.
LEX SCRIPTA. W ritten law; law de cornman law; the general law of the land
riving its torce, not from usage, but from ex Bract. fol. 17b. Equiv al ent to "due process
BI. Comm. 62. 85. In the strictest sense, trial by oath ; tbf
privilege of mak ing oath. Bracton uses the
Lex scripta si cesset, id oustodiri phrase to denote a freeman '8 privi lege of be
oportet quod moribus et oonsuetudine ing sworn In court as a juror or witness,
inductum est ; et, si qua. in re hoa which jurors convicted of perjury forfeited,
defecerit, tunc Id quod proximum et (legem terra: amittant.) Bract. fol. 292b.
consequans ai est ; at, al Id non appa.r..
eat, tunc jus quo urbs Romana utitur Lex uno ore omnes alloquitur. The
servari oportet. 7 Coke, 19. If the writ law addresses all with one [the same] moutb
ten law be silent, that which is drawn from or voIce. 2 lnst. 184.
manners and custom ought to be observed ;,
Lex vigilantlbus, non dormientibus.
and, if that is in any manner defective, then
subvenit. Law assists the wakeful, not the
that which is next and analogous to it; and, if
Sleeping. 1 Story. Cont. § 529.
that does not appear, then the law which
Rome uses should be followed. Tbis maxim LEX WALLENSICA. The Weish law.
of Lord Coke is so far followed at the present the law of Wales. lllou nt .
LEX WISIGOTHORUM 713 ..IBELEE
LIBEL, tI. In admiralty practice. To pr()'" Everything, written or printed, which re
teed. against, by filing a libelj to seize under flects on the character of another, and is pub
admiralty process,at the commencement of a lished without la wful justi fication or excuse,
Butt. Also to defame or inj ure a person's is a libel. whatever the intention may have
reputation by a published writing. been. 15 Mees. & W. 435.
LIBEL OF ACCUSATION. In
LIBEL, B. In practice. The
initiatory
pleading on the part of the plaintiff or com� Scotch law. The instrument which COD
plalnant in an admiralty or ecclesiastical tains the charge against a pel'SOIl accllsed
cause, corresponding to t.he declaration, bill, of a crime. Libels are of two kinds, name
or complaint.
ly, indictments and criminal letters.
In the Scotch law it i. the form of the LIBELANT. The complainant or partr
complaint or ground of the charge on which who files a libel in an ecclesiastical or admi
either a civil aCtiOD or criminal prosecution ralty case, corrpsponding to the plaintiff in
takes place. Bell. actions at law.
In torts. That which is written or LIBELEE. A party against whom a
printed, and published, calculated to injure Jibel hlls been filed in an ecclesiastical court M
the characler of another by bringing him into or in admiralty.
LIBELLUS 714 LIBERA LEX
LIBELLUS. Lat. In the civil law. A LIBER HOMO. A. free man; a freeman
little book . Li bellu,s suppZex, a petition , es lawfully competent to act as juror. Ld.
p eci al ly to tbe ompcror. all petitions to whom R aym . 417; Keul. 563.
must be in writi n g. Libellum rescribere, to A n al l od i al proprietor. as distinguished
mark on such petition the answer to it. Li· from a vassal or feuda�ory. This was the
bellum age1'e. to assist or counspl the empe sense of the term in the laws of the barbarolJl
ror in n· gard to such pe tJt oDs . r Libellu8 nations of Europe.
accusaiori'u,8. an informat:l.on and accusa
LIBER JUDICIALIS OF ALFRED.
tion or & crime. Libellus diDortii. a writing
Alfred 's dODle.uook. See DOMF.8DAY.
of divorce mi?'ut. Libell'l.LS Tel1l.m. an inven
tory. Calvin. LilJf'Uus or oratio con.«ultoria, LIBER JUDICIARUM. The book 01
a mess:Jge by which emperors laid matters jUdglDf'llt. or doom-book. The Saxon Dom·
before the sen ate. Id. boc. Conjectured to be a book of statut.es ot
A wrH,ing i n which are cont ni neJ the names an cient Saxon kings.
of the plai n ti ff (actor) and defendant. ( reus, )
LIBER NIGER. Dlack book. A nam.
the thing sought. the right relied upon, aud
gi ven to several ancient records.
name of the tribunal before which the action
is brought. Calvin. LIBER NIGER DOMUS REGIS, (th.
In feudal law. An instrument at alien black book of the ki D g S household. )
' Th.
ation or conveyance, as of a. fi ef, or a partof.it. title of a book i n which there is an account
of the household esLaulishruent of Ki ng Ed·
LIBELLUS CONVENTIONIS. In the ward I V., and of the several m usicia ns l'e.
civil law. The s tate ment of a plainti ff s claim
'
tai n ed in his service. as well for his pri·
in a petition presented to the magistrate, vat.e amu sement a8 for the service in his
who directed an officer to deliver it to the de- chapel. Ene. Lond.
fendant.
LIBER NIGER SCACCARII. Th.
LIBELLUS FAMOSUS. In the civil black book of the exchequer, attributed to
law. A defamatory publi cation ; a publica Gervase of Tilbury. 1 Heeve. Eng. Law,
tion injuriously affec ting charactt'rj 3 libel. 220, note.
InBt. 4, 4, 1; Dig. 47, 10 ; Cod. 9, 36.
LIBER RUBER SCACCARII. Th.
LIBELOUS. Defamatory ; of tbe nature red book of the exchequer. "1 Reeve, Eng.
ot a l ibel ; constHuting or in volving libel. Law, 220. note.
distingu1.shed from such men �1S bave lost the who was bound becomes free or liberatoo.
benefit and protection ot the law in conse Wolff. lnst. Nat. § 749. Synonymo us with
quence of crime. Hence this term denoted "payment." Dig. 50, 16. 47.
the siatlt.S of a man who stood guiltless be
LIBERI. In Saxon law. Freemen;
fore the law, and was free. in the sense of be
the possessors of allodial lands. 1 Reeve,
ing entitled to its full protection and ben�fit.
Eng. Law, b.
AmiUere libel'am legem (to lose one's free
In the civil law. Children. The term
law) was to tall from that statu.s by crime or
Infamy. Se. Co. Litt 94b. included " grandcbildren. ..
.
LIBERATION. In the civil law. The LIBERTIES. Pri vil eged districts ex- M
extlnguishment ot a co ntract by which he
, empt {rom the sheriff's jurisdiction.
LIBERTINUM. ETC. 716 LIBERUM SERVlTlUM
Libertinum ingratum leges civilas in sense, the term. is commonly used in the plu·
pristinam servitutem red1gunt ; sed le of the city, " tbe north
ral; as .. tlle liberties II
LIBERUM SOCAGIUM. In old En materia. Under the name of books are con
g1i.h law. F'ree socage. Bract. fol. 207; 2 tained all volumes. whether upon paper. or
BL Comm. 61. 62. parchm ent. or any other material. Dig. 32,
52. pro
LIBERUM TENEMENTUM. In real
law. Freeho ld. Frank-tenement. LICENCIADO. In Spanish law. An
In pleading. A plea of freehold. A plea
attorney or ad v ocate ; particularly. a person
adm itt ed to tile degree of Licentiate in Ju
by the defendant in an action of trespass to
"
LICENSING ACTS. This expression LICET. Lat. Frorn the verb f<licere,"
III applied by Hallam (Const. IIlst. c. 13) to (g. ••) Altbough; notwithst'Ulding. 1m.
acts of parliament for the restraint ot prInt porting. in this sense, a direct atlirmatiOD.
ing. (>xcept by license. It m�ly also be ap Also, i t is allowed, it fa permissible.
plied to any act of parliament passed [or t.he
Licet dispositio de intere sse futuro
purpose of requiring a license for doing any
sit inutilis. tamen potest fieri declaratio
act whatever. But, generally. when we
proocedens quoo sortiatur effectum, in
speak of the licensing acts, we mean the acts
tel'venien te novo actu. Althougb the
regulating the sale of intoxicating liquors.
grant of a future interest be inoperative,
Mozley & Whitley.
yet a declaration precedent may be made,
The person wbo gives or whicb may take effect provided a new act in�
LICENSOR.
grants B license. tervene. Bac. Max. pp. 60. 61. reg. 14;
Broom, Ma.x. 498.
LICENTIA CONCORDANDI. Lat.
LICET SlEPIUS REQUISITUS. (AI.
In old practice and conveyancing. License
though often requested.) In pleading. A
or leave to agree; one of the proceedings aD
phrase used jn the old Latin forms of declara
levying a fine of lauds. 2 B1. CotnlU. 350.
tions, and literally translated in the modern
imparl. 3 Bl. Com I l l . 299. by the plaintiff of the defendant to pay the
sums claimed is still called the "licet srepiw
LICENTIA SURGENDI. Lat. In old 1'equisitua. "
English practlce. License to arise; permis
Licita bene miscentur, formula nisI
sion given by the court to a tenant in a real
juris obstet. Lawful acts [done byaeveral
Rction, wbo bad ca�t an essoin de malo /eelt, authorities] are well mingled, [i. e., become
to arise out of bis bed, which he coulll not
' united or consolidated into one good act,] un�
do wi thout such permission, and after being
less some form of law forbicl. Hac. Max. p.
viewed by four knights appointed for the
94. reg. 24.
purpose. Bract. fo!. 355.
LICITACION. In Spanisb law. The
LICENTIA TRANSFRETANDI. Lat. offering for sale at public auction of an estate
A writ or warrant directed to the keeper of the or property beld by co-heirs or joint proprie
port of Dover, or other seaport, commanding tors, which cannot ue divided up withoutdet
him to let sucb persons pass over sea as have riment to the whole.
obtained the royal license thereunto. Reg.
Ol'ig. 193. LICITARE. Lat. In Roman law. To
offer a price a� a salei to bidi to bid often; to
LICENTIATE. One who has IIcenBe to make several bids, one above another. Cal.
practice any art or faculty. vin.
LIDFORD LAW. A sort of lynch law , LIEGEMAN. lIe that oweth allegiance.
whereby a person was first punished Bnd then Co w ell .
tried. Wharton.
LIEGER, or LEGER. A re.ident am
LIE. To subsistj to exist; to be sns· bassador.
tainable; to be proper or a\'ailable. Thus
the p hrase .. an action wilI not lie" 1l1 eanS LIEGES, or LIEGE PEOPLE, Sub
that 8ll action can not be sustained, or that ject•.
there 1s no ground upon which to found the
LIEN. A qualified right of property which
action. a creditor has in or over specific property ot
LIE IN FRANCHISE. Property Is bis debtor. as security for the debt or charge
aaid to "lio in franchise" when i t i s of such or for performance of some act.
a n ature that the persons entitletl thereto In {'very case in which property. either
may seize it wi�hout the aid of a court; 6. g., real or personal, is ch arged with the payment
wrecks. waifs. estrays . of a debt or duty. every such cbarge may be
denominated a lien on the property. Whitak.
LIE IN GRANT. Incorporeal heredit Liens. p. 1.
aments are said to " l ie i n grant;1I that ie,
A lien is a cba rge impospd upon specifio
they pass by force of the grant (deed or char property. by wbi ch it. is made security for tbe
ter) without Hvery. performance of an act. Code Ci vi! Proc. Cal
the debt is a charge upon the specIflo prop ficers, who are subordinate to others, and
erty although it remains in the debtor's pos especially where the duties and powers of the
s6ssioo. higher officer may, in certain contingencies,
Equita.ble liens are 8uch as exist tn equi devolve upon tbe lowerj as lieutenant gov
ty, and ot which courts of equity alone take ernor. lieutenant colonel, etc. See the Collow
cognizance. ing titles.
A lien is neither a jus in re nor a jus ad 3. In the army, a lieutenant is a commis
rem. It is not property in the thing, nor sioned officer, ranking next below a captain.
does it constitute a right of action for the In the United States navy, be is an officer
thing. It more properly constitutes 8 charge whose rank Is intermediate between that ot
upon the thing. Equitable liens most com an enSign and that of a lieutenallt command
monly grow out of construct!va trusts. er. In the British navy, hie ra.nk is nextb80
Story, Eq. Jur. § 1215. low that of a commander.
curs) the insurer engages to pay R stipulated LIGEA. In old English Jaw. A liege·
8 u m to the legal representatives of such per� woman; a female subject. neg . Orig. 312b.
son, or to a LuiI'd person having an insurable
LIGEANCE. Allegiance; the faithful
Interest in the life of such person.
obedience of a subject to his sovereign, of a
LIFE-INTEREST. A claim or interest, citizen to his government. Also, derivative
not amounting to ownership. and limited fir ly. the territory of a state or sovereignty.
& term of life, either that of the person in
LIGEANTIA. Lat. Ligeance; an...
whom tbe right is vested or that of another.
giance.
LIFE-LAND, or LIFE-HOLD. Land
Ligeantia est quasi legis essentia ; est
held on a lease for lives.
vinculum fidei. Co. Lltt. 129. Allegiance
LIFE 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 ennule the grantee to sit and vote in the
Ligeantia natural1s nullis claustris
hous8 of lords. not even with the usual writ
coercetur, nullis metia refrrenatur, nul118
of summons to tile hous6. Wharton. finibuB premitur. 7 Coke, 10. Natural
allegiance is restrained by no barriers, reined
LIFE POLICY. A policy of life insur
by no bounds, compressed by no limits.
ance; a policy of insurance upon tbe life of
an individual. LIGEAS. In old records. A liege.
LIGHTERMAN. The master or owner bly may happe n, marks the period at which
ot 8 lighter. He is liable as a common the time of e nj oymen t shall e nd. Prest. Es
carrier. tates, 25.
LIGHTS. 1. Windows; open ings in the LIMITATION IN LAW. A llmitation
w all of a house for the admi ssio n of lig ht . in law. or an estate limited, is an estate to
2. Signal-lamps on board a vessel or at be holden only during ihe continuance ot the
parti cul ar points on the coast. required by the condition under which it was granted, upon
navigation laws to be displayed at night. the deter min ati on of which the estate vests
i mmed iately in him in expectancy. 2 Bl.
LIGIUS. A pe rson bound to another by
Comm. 155_
a solemn tie or engagement. Now used to
express the relation of a subject to his sov LIMITATION OF ACTIONS. The
ereign. restriction by statute of the right ot Bction
LIMITED DIVORCE. A d!vorce from flax plat, where flax is grown. D u Cange.
1 Strange. 412.
LIQUOR-SHOP. A. house where spiri�
LIQUIDATE. To adjust or settle a n in Uous liquors are kept and sold. 6 Baxt. 534.
debtedness : to determine an amount to be
LIRA. The DaIDe of an Italian coin, of
paid ; to clear up an account and ascertain
the value of about eighteen centB.
the balance; to fix the amount required to
aatisfy a judgment. LIS. Lat. A. controversy or dispute; a
To clear away; to lessen; to pay. "To suit or action at law.
liquidate a balance means to pay it. It 8
LIS ALIBI PENDENS. A "ult pend
Wheat. 338. 362.
ing elsewh ere. The fact that proceedings aro
LIQUIDATED. Ascertained; deter- pending between a plainliff and defendant
mIned; fixed; settled ; mnde clear or manifest. in one court in re9pect to a given maLter is
Cleared away; paid j discharged. frequently a ground for preventing the plain.
LIS MOTA 725 LITERAL PROOF
tift Crom taking proceedings in another court LITERlE HUMANIOltES. A term in
against the same defendant for the same ob cluding Greek, Latin. genera.l pbilology,
Ject RDd arlaing out of the same cause of logic, moral philosophy. metaphysics ; the
In the civil law. .A suit pending. A English law. Letters procuratorY i letters of
Buit was not said to be pending before that procuration ; letters of attorney. Bract. fols.
8tage of it called " litis contestatio, " (g. 0.) 40. 43.
Mackeld. Rom. Law, § 219. Calvi n.
L I T E RlE RECOGNITIONIS. In
LIST. A docket or calendar of causes maritime law. A b1ll of lading. Jac. Sea
LITEM SUAM FACERE. Lat. To words, withol1t making differences for ex..
make a suit his own. Where a judex, from trinsic circl1mstancesj a literal performance
partialit.y or enmity, evidently favored either of a condition is one which complies exactly
LITERARY. Pertaining to polite learn tia." No money was, in tact, paId to c0n
Ing ; co nnected with the study or oa8 ot books stitute the contract. If ever money was paid,
and writin gs. then the nomen was arcarium, (I. d., 8 real
The word « literary, " having DO legal significa co n tract, re contractus,) and not a nomftl
tion, Is to bo taken in Its ordinary Bnd usual mean prop'rium. Browu.
ing. We speak of literary persons as learned,
erudite; of literary property. as the productions LITI6-ANT. A party to a lawsu!l; .ne
of ripe scholars, or, at least, of professional writ
engaged in li ti gation j usually spoken of �
ers ; of literary institutions, as those where the
ive parties. not of nominal ones.
positive sciences nre taught. or persons eminent
for learning a.ssociate, for purposes connected with
their professions. This we think the popular LITIGARE. Lat. To litigate; to ='1
me..1.ning of the word; and that it would Dot be OD a suit, (litem agere.) either as plaintiff or
properly used as desoriptive of a sohool for the in defendant ; to claim or dispute by aclion; to
struction of youth. 8 Ind. 332.
test or try the validity of a claim by action.
LITERARY PROPERTY may be de
LITIGATE. To dispute or contend III
Icribed as the right which entitles an author
form onaw; to carry on a 6uit.
and his assigns to 11.11 the use and profit ot hil!l
composition, to which n o ind ependent right LITIGATION. A iud!cia! controversy.
is, through any act or omission on his or A contest in a court of justice. for the pur
their part, vested in another person. 9 Amer. pose of enforcing a right.
Law Heg. 44.
A distinotion 18 to be taken between "litorary LITIGIOSITY. In Scotch law. Th.
proporty" (which is the natural, common-law right pendency of 8 suit; it is a tacit legal prohi
which a person has in the form of written expres
bition of alienation, to the disapPointmentot
sion to which he has, by labor and skill, reduced
his thoughts) and "copyright, " (whioh i8 a stat an action , or of diligence, the direct objectot
utory monopoly, above and beyond natural prop wiJich is to obtain possession, or to acquire
erty, conferred upon an author to encourago and the property of a particular subject. Theel
reward a dedication of his literary property to the feet of it is analogous to that of inhibition.
public.) Abbott.
Bell.
LITERATE. In English ecclesiastical
LITIGIOUS. That which i. the .ubjecl
la w. ODe who qualifies himself for iJoly 0[
of a suit or action j that which is contested in
ders by presenting himself as a person ac
a court of justice . In another sense, "litig.
compliShed in classical learning, etc., not as
ious" signifies fond of litigation; prone to
a graduate of Oxford, Cam brid ge, etc.
engage in Bui ta.
LITERATURA. "odd literat"1'am pc>
LITIGIOUS CHURCH. In ecclesi as
nere lt means to put children to school.
tical Jaw, a church is said to be litigious
This liberty was anciently denied to those
where two presentations are offered to the
parents w ho were servile tenants, without
bishop upon the same avoidance. Jenk.
the lord's consent. The prohibi tion against
Cent. 11.
the education of 80ns arose from the fear that
the Bon, being heed to letters, might enter LITIGIOUS RIGHT. In the civil law.
into holy orders, and 80 stop or divert the A right which cannot be exercised with out
services which be mi ght otherwise do as heir undergOing a lawsuit. Civil Code La. arta.
to his father. Paroch. Antiq. 401. 918. 3556.
L I T E R I S OBLIGATIO. In Roman LITIS lESTlMATIO. The measure 01
law. The contract of nomen, which was con damages.
stituted by wri ti n g, (scripturCl . ) It was of
two kinds, viz. : (1) A re inpe1·sonam. wllen LITIS CONTESTATIO. In the civil
a transaction was transferred from the day and canon law. Contestation of Buit; the
book ( ad�ersaria) i nto the ledger (codex) in process of contesting a suit by the opposing
the form of a debt under the name or heading statements oC the respecti ve parties; the pro
of the purchaser or debter, (nomeu ,.) and (2) cess of coming to an issue; the attai nment ot
a pe1'sonlt in pe1'Sonam, where a debt already an issue ; the issue itself.
standing under ODe nomen or beading was In the practice of the ecclesiastical
transfel'Ced in the uBual course of novatia courts. The general ans wer made by the
from that nomen to aoother and substituted defendant, in which 11e denies the mattel
nomen. By reason oftbis transferri ng, these charged against him in the libeL Hallifax.
obligations were called "nomina transc-riptt- Civil Law, b. 3, c. II, no. 9.
LITIS OONTESTATIO 727 LIVRE TOURNOIS
iuD" 2 Browne, CivU & Adm. Law, U58, more." Hale de Jure Mar. c. 4.
and nole.
LIVELODE. Maintenance; suppor\.
LITIS DOMINIUM. In the civil law.
Ownership. control, or direction of a s u it. A LIVERY. 1. In English law. Delivery
fiction of law by which the emplo)'lIl.ent of of possession of their lands to the k ing' s ten
an attorney or proctor (p1'oCU1'ator) in a suit ants in capite or tenants by knight's service.
was autbol'ized or j lIstified. he bei ng supposed 2. A writ which may be sued out by a ward
� become. by the appointment of his princi. i n cldvalry, on reaching his majority, to ob
pal (domintM) or client, the dominus litis. tain delivery of the possession of bis lands
Heineec. Elem. lib. 4, tit. 10. §§ 1246, 1247. out of the hands of the guardian. 2 Bl.
COlUm. 68.
Litis nomen omnem action em Big
3. .A. particular dress or garb appropriate or
nificat, siva in rem, sive in pers onam
peclliiar to certain persons, as the members
sit. Co. Litt. 292. A laW5uit signifies every
of a gUild, or. more particularly, the servants
action. whether it be in 1'em or in personam.
of a nobleman or gentleman .
LITISPENDENCE. An obsolete term 4. The pri vilege of a particular guild or
for the time during which a lawsuit is company of persons. the members t bereof
going 00. being called "Ii very-men."
5. A contract of hiring of work-beasts, par
LITISPE NDENCIA. In Spanish law . ticularly horses, to tbe use of the birer. It
Litispendency. The condition of a sui t peud is seldom used alone in this seuse, but ap
fng in a court of justice. pears in the compound, U Ii very-stable . "
Ices ot like clmracter, intended to reach the ty, over its local and Individual a(fsln, ex
reason of legislators. Code Ga. 1882, § 4486 ercised in virtue of power delegated t o It for
that purpose by the general govern uJe nt at
L'obligation sans cause, ou sur une
the state or nation.
fausse ('ause, ou sur cause illicite, ne
pent avoir aucun effet. An obligation LOCAL IMPROVEMENT. Bycommon
without consideration, or upon a false con usage, esp eci ally 3S evid e nced by the prac
lIider<llion, (which fa ils , ) or upon unl a wful tice of co urts and textrwriters, the term "10-
consideration , CHnnot have any effect. Colle cal im prov eme nts " is employed as signifying
Civil, 3. 3, 4; Chit. Cant. ( 1 1th Amer. Ed. ) i m provements made i n a particular locali ty,
25, note. by w h i ch the real property adjoining or near
such localIty is speciaDy benefited. 22 Minn.
LOCAL. Hela ting to p lace ; expressive
507.
of place: bel ongin g or con fi n ed to a particu
lar place. Distingll ished from " gen eral . " LOCAL LAW. A law which, instead of
"personal. " and " transitory." relating to nnd binding all persons, corpora
tions. or i nsti tutions to which it may be ap
LOCAL ACT OF PARLIAMENT.
plicable, within the whole territorial j u ris.
AD act which has for its object th'3 interest of
diction of the law- makin g power. is lim ited
80me particular loca l i ty , as the formaLion of
in its operation to certain distr ic ts of such
a road . the alteration of the course of a river.
terri tory or to certain individual persons or
the formati on of a public market in a par
corpurati ons. See GENERAL LAW.
ticular district, etc. Brown.
LOCAL OPTION. A privtlege accorded
L0 CAL ACTION. An action is 80
by the legi slatu re of a state to the several
termed when aU the princi pal facts on which
counties or oth�r dis tricts of the state to de-
;� is founded Clre of a local nature; as where
termine, each for itself, by popular vote.
f'ossessi on of la nd is to be recovered. or dam
whether or not licenses should be issued for
ages for an actual trespass. or for waste af
the sale of intoxicating liquors within such
fecting land. because in such cast" tbe cause
districts.
of action relates to some par ticular loca lity,
which usually also constitutes the venue of LOCAL PREJUDICE. The " prejudice
contract of bailment for hire, expressing the covered by a single act of appropriation or
one, and a hiring by the other. 2 Kent, In Scotch law. A contract by which the
Comm. 586, note; Story, Bailm. § 368. temporary use of a subject, or the work or
service of a person. is gi ven for an ascertained
LOCATIO CUSTODIlE. A letting to hire. 1 Bell, Comm. 255.
keep; a bailment or deposit of goods for hire.
Story, Bailru. § 442. LOCATIVE CALLS. In a deed, patent,
or other instrument containing a description
LOCATIO OPERIS. In the civil law. of land, locative calls are specific calls, de
The contract of hiring work, i. e., labor aud scriptions, or marks of location. referring to
services. landmarks, physical objects. or other .points
by which the land can be exactly located and
It is a contract by which one of the parties
identified.
gives a certain work to bo performed by the
other, who bilHls himself to do it for the price LOCATOR. In the civil and Seotch
agreed between them, which he who givt'S law. A letlerj one who lets; he who. being
the work to be done prom ises to pay to the the owner of a thing. lels it out to another
other for doing it. Path. Louage, no. 392. for hire or compensation.
In American lan d law. One who lo
LOCATIO OPERIS FACIENDI. A
cales land, or intends or is entitled to locate.
letting out of worl;; to be done; a bailment
See LOCATION.
of a thing for the purpose of having sOllle
work aml labor or care and pains bestowed LOCK-UP HOUSE. A place used tem
on it for a pecuniary recompense. 2 Kent, porarily as a prison.
Comm. 586. 588; Story, Halloo. §§ 370, 421,
LOCKMAN. An officer in tbe Isle of
422.
Man, to execute the orders of the governor,
LOCATIO OPERIS MERCIUM VE much like OUI' under-sheriff. Wbarton.
HENDARUM. A letting of work to be
LOOMAN. Fr. In French marine law.
done in the carrying of good s ; 8 contract of
A pilot.
bailment by which goods are delivered to a
person to carry for hire. 2 Kent, Com tn. LOCO PARENTIS. See IN Lao<> PA.
'597 ; Story. Bailm. §§ 370, 457. RENTIS.
LOCOCESSION 731 LODS ET VENTES
LOCOCESSION. The act ot gIvIn g legal transaction complies with the formalt�
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 i a
it is to be given effect. although by lhe l aw
purse.
of that country other formalities are re-
LOCUM TENENS. Lat. Holding the quired . 8 Sav. Syst. § 381: Westl. Priv.
place. A. dep uty, Bubstitute. lieutenant, or Int. Law, 159.
repre3entat ive.
LOCUS REI SITlE. The pla ce where
LOCUPLES. Lat. In the civil law. a thing is situated. In procee d ing s in 1·em.
Able to respond in an action; good for the or the real action s of the ci vii law. the proper
amount which the plaintiff might recover. for um is the loc-us ,.ei sUa:. 2 Gall. 191. 197.
Dig. 50. 16, 234, 1.
LOCUS SIGILLI. The place of tbe seal;
LOCUS. Lat. A place ; the place where
the place occupied by the seal of written
• thing is do ne.
instruments. Usually abb rev iated to j'L. S. n
LOCUS CONTRACTUS. The place ot
j contract; the place w here a contract is LOCUS STANDI. A pl ace of standing ;
made. standing in cou rt. A right of app earan ce in
seourt of j ust ice. or before a legislative body,
LOCUS CRIMINIS. The locality of a
on a given q uest ion .
crime j the place wh ere a cri me was commit,...
ted. LODE. This term, as used in the legis.
LOCUS DELICTI. The place of the of lation of congress, is appl icable to any zone
fense: the place where an offense was com or belt Of min eralized rock lying within
mitted. 2 Kent, CoUlID. 109. boundaries clearly separating it from the
n eighbo rin g rock. It includes all depOSits
LOCUS IN QUO. Tbe place in which. of m i neral matter found through a mineral
The place in which the cause of action arose, ized zone 01' belt coming from the same source,
or where anything is alleged, in pleadings, im pres sed with the same forms, and appear·
to hav e been done. The phrase is most fre ing to have been created by the same pro
qu en tly used in actions of trespass qua1'e cesses. 4 Sa wy. 312.
clausum fregit.
LODEMAN, or LOADSMAN. The
LOCUS PARTITUS. In old English
pilot conducts the ship up the river or into
law. A place di vi ded. A division made be porti but the landsman is he that und ertakes
tween two towns or counties to make out in to bri ng a ship through the haven. after be
which the land or place in question lies. ing brou gh t thither by the pilot. o the quay
t
Fleta, lib. 4, c. 15, § 1; Cowell. or pl ace of diseharge. J <leob.
LOCUS P<ElNITENTIlE. A place tor
LODEMANAGE. Th e hire of a pilot
repentance ; an opportu n ity for changin g for conducting a vessel from one place to an·
one's mind; a cbance to withdra w from a
ot her. Cowell.
contelllplated bargain or contract before it
JesuIts in a definite contractual liability. L O DGER. On e who occnpies h i red
A.lso used of a chance afforded to a person. by a part m e n ts in another's housei a tenant at
the circumstances, of relinquishing the in· part of l-mothel" s house .
tention which be bas formed to com mit a A tenant, with tue right of exclusive pos
crim e, before the perpetration thereof. sessi on of a part of a house, the landlord. by
hi m se l f or an agent. retaining general domin
LocuB pro solutione reditus aut pecu·
aire secundum conditionem dimissioIDs
ion over the house its elf.
aut obligationis est stricte observanduB. LODGINGS. Habitation in anot her'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 n ished or unfurni shed. occupied for habita
a lense or bond, is to be strictly observed. tion; the occupier being termed a " lodger. U
LORD ADVOCATE. The chief public LORD MAYOR. Th. chief ollicer of the
prosecutor ot ScotJantt. 2 Alis. Crim. Pl'. 84. corporation of t.he city of London is so called.
The origi n of the appel latio n of " lord." which
LORD AND VASSAL. I n the feudal the mayor of London enjoys. is attributed to
syste m, the grantor, who retained the domin the fourth charter of Edward Ill., which
ton or ultimate property, was called lhe conferred on that officer Lhe hono r of ba vi ng
"lord," and the grantee, who bad only the maces, the same as royal, carriet.! before bim
use or possession , was called the 4. vassal " or by the ser jeants . Pull. Laws & Cust. Lond.
.. feudatory."
LORD MAYOR'S COURT. In En
LORD CHIEF BARON. Th. cbief glish law. This i s a cou rt of record, of law
Judge of the English court 01 .xchequer, and equity. and is the chief court of ju sti ce
prior to the juuicaLure acts. within th e corporation of Lou don. The�
retically the lord mayor and aldermen are
LORD CHIEF JUSTICE. See Jus
SUppos(ld to preside, but t h e r�corder is in
TIOB.
tact the acting jUdge. It has jurisdiction ot
LORD HIGH CHANCELLOR. See all pers o n al and m i xed actions arising with
CRANCELLOR, THE LORD HIGH. in the ciLy and liberties without regard to
the amount in cont ro versy . See S Steph .
LORD HIGH STEWARD. In Eng
Comm. 449, note l.
land, when a perso n is i mpeacbed, or when a
peer is tried ou indictment for treason o r LORD OF A MANOR. Th. grant••
te lony before the house o f lords, one of the or owner of a manor.
lords is appointed lord hi gh steward, and ·actB LORD ORDINARY ill t h e judge of the
8! speaker pro tempo?'/:!. Sweet. court of so:ssion in Scotland, who offi cia tes
for the time being as the jUdge at first in�
LORD HIGH TREASURER. An offi
stance. DarI. Pro Ct. Sess.
cer form('rly existing in En gl and , who had
the charge of the royal revenues Bud customs LORD PRIVY :::EAL, before the :lO
duties. and of leasing the crown lands. His Hen. VIIL, wall ge neral ly an ecclesiastic.
fu nction s are now vested in t h e lo rds COID The office bas since been uBually conferrec1 on
missioDt!r8 of the treasury. Mozley & Wliit temporal peers above the degree of barons. M
I.y. He is appOinted by letters p atent . The lord
LORD WARDEN. ETC. 134 LOSS
privy seal, recei vi ng a warrant from the sig� cellor, the lords of appeal in ordinary . an]
net office. issues the prj vy seal, which is an sn ch peers of parliamen t as hold, or have-
authority to the lorJ chancellor to pa.ss the held . high jud icial offices, such as ex-chan.
great seal where the nature of the grant re cellors and judges of the superior courts in
qUires it. But the privy seals for money be Great Britain and Ireland. App. Jur. Act
gin in the treasu ry. whence the first warrant 1876. §� 5. 25.
issues. coun tersigned by the lord treasurer.
LORDS OF A P P E A L IN ORDI·
The lord privy seai is a member of the cabi
NARY. These are apPOinted. with a salary
Det council. Ene. Lond.
of £6.000 a year, to aid the bouse of lords io
LORD WARDEN OF CINQUE the h eari ng of appeals. They rank as baroll!!
PORTS. See CINQUE PORTS. for life. but sit and vote in the house of lord!
d uring the tenure of their office only. App,
LORDS APPELLANTS. Five peers Jur. dct 1876. § 6.
who for a time Bu perseued Rich ard II. in bis
go,·ernment, amt whom, after a brief control LORDS OF ERECTION. On tbe Ref.
of the govemment. he in t u rn superseded i n ormation in Scotland. the king. 815 proprietol
1397, H D d put the survi vors o f them to death. of benefices formerly held by abbots and
Richard IL's eighteen commissioners (twelve priors, gave them out i n temporal lordships
peers and six commoners ) took their placet to favorites. who were termed "lords ot
as an embryo prhy council acting with full erection. " W harton.
powers. during the parliamentary recess.
LORDS OF PARLIAMENT. Those
.Brown.
who have seats in the house of lords. Dur
LORDS COMMISSIONERS. In En ing bankruptcy, peers are disqualified from
glish law. When a high public office in the sitting or voting in the house of l ords. 84 &
state. formerly executed by an individual. is 35 Vict. c. 50.
put into commission. the persons charged
LORDS OF REGALITY. [n Scotch
with the commission are calletl "lords com
law. Persons to whom rights of civU and
missioners." or sometim es " lords" or .. com
criminal jurisdiction were given by the
missioners" si mply. Thus. we have. in lieu
crown.
of the lord treasurer and lord high admiral
of former times. tbe lords commissioners of LORDS ORDAINERS. Lords appoint
the treasury, and the lords commi ssioners of ed in 1312, i n the reign of Edward II for the .•
the admiralty; and, whenever the great seal control of the sovereign and the court party.
is put into commission, the persons cbarged and for the general reform and better govern
w ith it are cHlled "commissioners " or "lords ment of the. country. Brown.
commissioners" of the great seal. Mozley &
LORDS SPIRITUAL. TIl. archbishops
Wbitley.
and bishops who have seats in the house ot
LORD'S DAY. A name sometimes giv lords.
en to Sunday. Co. Lilt. 135.
LORDS TEMPORAL. Tho.e lay peers
LORDS JUSTICES OF APPEAL. In who have seats in the house of lords.
Englisb law. The title of t he ordinary
LORDSHIP. In Engl ish law. Domin.
judges of the court of appeal. by Jud. Act
ion, manor. seigniory, domain; also a title ot
1877, § 4. Prior to the ju dicatu re acts, there
honor used to a nobleman not being a duke.
were two ulords justices of appeal in cban
It is also the customary titulal'y appellation
eery , II to whom an appeal lay from a vice
of the j lldges and SOlDe other persons in au
,haneellor. by 14 & 15 Viet . c. 83.
thority and office.
L O R D S MARCHERS. Those nobl.. LOSS. In insl1rance. The inj ury or
men who lived on the marches of Wales or damage s ust ained by tbe insured in conse
Scothmd, who in times past had their laws quence of the happening of one or more of the
and power of life and death. like petty kings. accidents or misfortunes against which the
Abolisbed by 27 Hen . VIII. c. 26. and 6 insurer. in consideration of the premium. bas
Ed w. VI. Co 10. Wbarton. undertal�en to indemnify the i Dl!l ured. 1
Bouv. lnst. no. 1215.
LORDS OF APPEAL. Tbose members
A 108s Is totat when the subjectlnsurcd Is wholly
ot the bouse of lords of whom at least three
destroyed or reduced to a.n entirely worthIes. oon·
must be present for the hearing and determi
dition. It is parHat when the subject is injured,
nation of appeals. They are the lord chan- but not destroyed, or when it still reta.iD.a aome-
LOST OR NOT LOST 735 LOYAL
nlue, or 80me part of it escapes. It b actuaL property. or a portio n of tt, or tor any share
when the destruction of the thing is real and sub of or interest in such property, upon any
.tanMa!. It it cl)nst'rttctive when the injury, w ith
as
agreement, understanding, or expectation that
out entire destructioo, is su oh to entitle the as
aured to abandon the property to the underwriter it is to be distributed or disposed of by lot or
Ind olalm as tor an actual loss. See AOTUA.L TOTAL chance, whether called a "lottery, " a "rame,"
Loss. o r a "girt enterprise," or by whatever name
LOST OR NOT LOST. A phrase some· the same may be known. Pen. Code Cal.
times inserted in policies of marine insurance § 319; Pen. Code Dak. § 373.
A lottery is a distribution of prizes by cbance or
to signify that the contract is meant to relate
lot, where . valua.ble consideration Is given for
back to the beginning of a voyage now in the chance of dra.wing a. prue. 1 Abb. (U. 8.) 275;
progress, or to some other antece<lent time, 42 'rex. 580; S Phila.. 457.
and to be valid and effectual even if. at the
moment of executing the policy. the vessel Lou Ie ley done chose, 18 oeo done
should have already perished by some of the remedie 8 veDer a ceo. 2 Rolle. 17.
perilS insured against. provided that neither 'Where the law gives a right, ii gives a rem..
party has knowledge of that fact or any ad edy to recover.
vantage over the other in the way of supe
LOUAGE. Fr. Thi. is the contract of
rior means of information.
hiring and letting in FreDch law, aud may be
LOST PAPERS. Pap e", which have either of things or of labor. The varieties
been so mislaid that they cannot be found of each are the following:
after diligent search. 1. Letting of things,-BatZ a. lover being
the Jetting of houses ; bail dfume being the
LOT. The arbitrament of chance; haz letting of lands.
ard. That which fortuitously determines 2. Letting of labor,-loyer being the let
what course shall be taken or what disposition ting of pe rsonal service; bail a cheptel being
be made of property or rigbts.
the letting of animals. Brown.
A share; one of several parcels into which
property Is di vided. Used particularly of LOURCURDUS. A ram or bell·wether.
land. Cowell.
The thirteenth dish of lead in the mines of
Derbyshire, which belonged to the crown. LOVE-DAY. In old Engli.h law. The
day on which any dispute was amicably set
L O T A N D S C O T . In English law. tled between neighbors; or a day on which
Certain du tie s which must be paid by those one neighbor helps another without hire.
who claim to exercise the elective franchise Wharton.
within certain cities and boroughs, before
they are entitled to vote. It is said that the LOW JUSTICE. In old European law.
practice became uniform to refer to the poor
Jurisdiction of petty offenses, as distinguished
rate as a register of "Bcot and lot" voters; so from "high j u stice," (g. tI.)
that t.he term, when employed to d�fine a
LOW WATER. The furthest receding
right of election, meant only t.he payment by
point of ehb-tide. 13 How. 417.
8 parishioner of the sum to which be was as-
8essed on the poor-rate. Brown. LOW·WATER MARK. That lin. on
the shore of the sea which marks the edge
LOT OF LAND. A small tract or par·
eel of land in 8 village, town, or city. suita� of the waters at the lowest pOint of the or
dinary ebb tide. See 60 Pa. St. 339; 26 Me.
ble for building, or for a garden, or other
.
aimilar uses. See 28 N. J. Law, 44; 37 N. 384
J. Eq. 486; 28 Milln. 17, 8 N. W. Rep. 830. LOWBOTE. A recompen.e for the death
of a man killed in a tumult. Cowell.
LOTHERWITE, or LEYERWIT. In
old English law. A liberty or privilt'ge to L O WE R S Fr. In French maritime
•
take amends for lying with a baud woman law. \Vages. Ord. Mar. liv. 1, tit. 14, art.
without license. 16.
LOTTERY. .A. lottery Is any scheme lor LOYAL. Legal j autborized by or con..
the disposal or distribution of property by forming to law. Alsofaitbful in one's polit-
chance among persons who have paid. or ical relation s ; giving faithful support to one'.
promised or agreed to pay, any valuable con� prince or sovereign or to the existing govern.. M
sideratiou for the cbance of obtaining such mento
LOY ALTY 736 LUNACY
reason. or 80 far restored that he bas suffi law. A ceasing gain, as distinguished from
ci ent intelligence. judgment. and will to enter damnum datum, an actual loss.
into contractual relations. or perform other Lucrum facere ex pupilli tutela tutor
legal acts. without disqualification by reason non debet. A guardian ought not. to make
of hL disease. money out of the guardianship of his ward.
1 John •. Cil. 527, 535.
LUCRATIVA CAUSA. Lat. In Roman
law. A consideration which is voluntary; LUCTUOSA HEREDITAS. A mourn
that is to say, a gratUitous gi ft, or such like. ful inheritance. See HEREDITAS LUC'l'UOSA.
It was opposed to onerosa ca'ltsa, which de
LUCTUS. In Roman law. Mourning.
noted a valuable consideration. It was aprin
See ANNUS LUOTUB.
ciple of the Roman law that two lucrative
causes could not concur in the same person as LUGGAGE. Luggage may con,i,t 01
regarded the same thing; that is to say, tbat, any articles intended for the use of a p<\ssen·
when the same thing was bequeathed to a ger while traveling, or for his personal equip.
person by two different testators, he could ment. Civil Code C.l. § 218l.
not ha ve the thing lor its value) t wice over. This term is Bynonymou3 with "baggRge,"
Brown. but is more commonly used in England than
species of U8ucapio was permitted i n Homan LUMEN. In the civil law. Light; tho
law only in the case of persons taking pos li gh t of the sun or sky; the pri vileg e of re
session of property upon the decease of its ceiving ligh t into a house.
lnte owner. and in exclusion or deforcement A light or window.
of the heir. whence it was called "usu-capio
LUMINA. In the civil law. Llghts j
pro hrel'ede." The adjective " lu,cl'atioa" de
windows; openings to obtain light for one's
noted that property was acquired by this
bUilding.
usucapio without any consideration or pay.
ment fol' it by way of purchasej and. as the LUMINARE. A lamp or candle set burn
possessor who so acquired the property was a ing on the altar ot any church or chapel. for
malfljide lJossessor, his acquisition, or usu the maintenance w hereof lands ami rent
capio, was called a lso " imp1·oba." (i. e., dis� charges were frequently given to parish
honest;) but this dishonesty was tolerated (un. churches, etc. Kennett, Gloss.
til abolished by Hadrian) as an incenti va to
LUNACY. Lunacy is that condition or
force the hrere8 to take posseSSion, in order
habit in which the mind is directed by the
that the debts might be paid and the sacrifices
performed; and, as a further incentive to the
will, but is wholly or partially misguided or
erroneously governed by it; or !t is the im·
hreres , this uliucapio was complete tn one
p ai rmen t of any one or more of the faculties
year. Brown.
of the mind, accompanied with or inducing a
L U C RA T I V E SUCCESSION. In
defect in the comparing fa cu lty. 1 Bland,
Scotch la w. A kind of passive LiLie by which
386.
a person ac cept i n g from another. without any
"Lunacy " m eans either (1) the;) conditio� or
onerous cause. (or without paying value,) a statu.s of a lunatic, (q. v.,) or (2) judicial proceed·
disvosition of any part. of his heritage, to iugs taken before the pl'oper court or o:ff:lcer for the
wllicb the r ec eive r would have succeeded as purpose ot making inquiry into the state ot m ind
of perS008 alleged to be lunatics, of taking cba.rge
heir, is liable to all the grant or' s debts con
of them and their property if they are found to be
tracted before the said disposition. 1 Forb. lunatics, and for removing the rea-train" OD Uteii'
Inst. pt. 3, p. lOJ. rest.oration to sanity. Sweet..
LUNACY 787 LY TlE
Lunacy Includes both the forms of mClltn.1 aliena m ay be fa irly s u pposed to ac
h is I n teres ts,
tion khown, respectively. as "mania" and " demen- quiesce in it, ir he afterwards prop ose to dis
1Ja. " 10 N. J. Eq. 186.
turb t be arran gem en t , is said to be pr eve nted
L U N A C Y, COMMISSION OF. A from doing so by reason tllat he has been
commission issuin g from a court of com pe lying by.
ten t j urisdicti on . au th ori zi ng an inq uiry to be
LYING IN FRANCHISE. .A term
made into the mental condition. of a person
descr ipti ve of wai fs , wre cks, estr ays , and the
who is allt'gad to be a lunatic.
like, which may be s eize d wilhout suit or ac
LUNAR. Belon ging to or measured by tion.
the revolutions of the mOOD.
LYING IN GRANT. A ph rase appl i ed
LUNAR MONTH. See MONTll. to i ncorporeal r ights, i nca pa ble of manual
LUNATIC. A pe rson of deranged or UD-
tradition, and which wust pass by merede
livery of a deed.
90und mind; a perso n whose me ntlll faculties
are in the condition called " lu n acy , " (q. 'D.) LYING IN WAIT. Lying in ambush;
Lunaticus, qui gaudet in lucidis in lying hid or con cealed for the purpose of mak
tervl111is. He is a lunatic who e njoys lucid ing a sudden and unexpected attack upon a