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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

In such expreasiona aa " J. B., late a resident of this state," means last, or recently, in a place or office. It ia a legal term, and, as such, is in the superlative degree, and means last. In ancient times, when the addition of a man's residence was necessary in an indictment for a crime, the term late was always used as descriptive of his last residence, and was held a sufficient allegation of his residence in the most technical terms of the common law. A petition for letters of administration which avers that the decedent was " late a resident " of the county, is sufficient, under a statute which requires that letters shall be granted in the county of which decedent was a resident at the time of his death. The averment imports that decedent was last a resident of the county named.

Beckett V. Selover, 7 CoZ. 215.

Late, in such expressions as "the late W. C," means, existing not long ago, but now departed this life. An averment, in an indictment, in laying the ownership of property involved in the offence, which says that it is " the property of the late W. C," is defective and insufficient j for it lays the ownership in a dead person.

Pleasant v. State, 17 Ala. 190.