Dictionary of Terms and Phrases Used in American or English Jurisprudence

A name given to the practice of paying the wages of workmen in goods instead of money. The plan has been for the masters, to establish warehouses or shops, and the workmen in their

Upon finding an indictment, the grand jury usually indorse upon it, by their foreman, the words, "A true bill."

The words true value, in section 11 of the supplementary, act of congress of, April 2Q, 1818, — authorizing the collector to direct an appraisement when there is ground to suspect,

Is an engine of punishment whicli ought to be in every liberty that hath view of franls-pledge, for the correction of scolds and unquiet women. (Kitchin, 13.) Jacob.

Town-reeve. The • chief officer of a town. See Reeve.

Turbary, or common of turbary, is the right or liberty of digging turf upon another man's ground. Broum. TURNPIKE; TURNPIKE ROAD. A road whose constructors are authorised to exact

A species of guardian ship in the Roman law; tutelage. See Burrill. Tutela legitima. Tutelage created by law, in the absence of any appoint-, ment by will. Tutela testamentaria. Tu

In French law, a kind of guardian. Tuteur officieuz. In French law, a person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, wit

A species of guardian, in the Roman and Scotch systems of law; also in Louisiana. u. TTbi cessat remedium ordinarium, ibi decurritur ad eztraordinarium. Where a common remedy cease

The most abundant good faith. This phrase expresses the entire sincerity and good faith in which parties should act in negotiating contracts; and which is deemed peculiarly necessa

The last. The last proposition made in negotiating a treaty or a contract, or the like; which may be aiccepted or rejected by the other party, but which *ill not be modified or wit

Beyond the powers. This phrase is much used in the modern law of corporations to indicate the invalidity of acts done in the name of corporations which exceed the corporate powers.

Payments in gross, on an estimate as to amount, and where the merchant, on a final liquidation, will be entitled by law to allowances or deductions which do not depend on the rate

To constitute an unavoidable accident, within a stipulation in a bill of lading that vessel shall not be liable for losses by such accidents, there must be a vis major; the interfe

Is where a deed or will is so obscure and confused that the judges can make nothing of it, which sometimes occurs in wills made by testar tors without legal advice. Any disposition

Contrary to good conscience. Applied to a contract or an exaction which no fair-minded, honest man would enforce or make.

Contrary to the constitution, either of a state or of the United States. When this can be clearly established of a legis'ative act, the judiciary has power to declare the act nuU a

The plea of » defendant, in nature of a plea in bar; where, being sued for a debt due on bond at a day past, to save the forfeiture of the bond, he says that he tendered the money

Whereof she has nothing. One name of a writ of dower, in old English law, which issued for a widow to whom no dower had been assigned within the period fixed by law.

As used in a resolve of proprietors of common lands, that a certain tract shall remain undivided, means that it shall not be subject to partition and allotted to individual proprie

Any improper or wrongful constraint, machination, or urgency of persuasion, whereby the will of a person is overpowered, and he is induced to do or forbear an act which he would no

In a clause in a constitution providing for unfinished business pending in the courts when it shall take effect, includes an action in which a verdict has been recovered, but no iu

Several of the state constitutions contain provisions that acts of the legislatures shall be uniform in their operation. On this subject see Sedgw. Stat. §• Const. Law, 502, 503, n

A contract where the party to whom the principal promise is made makes no express tmdertakiug on his part, his obligations being left to legal implication, is called, particularly

A lot of land subject to a lease containing a covenant of renewal, at a rent to be agreed upon by the parties or fixed by arbitration, is not an unincumbered lot; and, when sold to

1. Under the English poorlaws, a consolidation of parishes, authorized by the Stat. 4 & 5 Wm. IV. ch. 76, passed in 1834, which empowers the local government board, at its discreti

There is an inconvenient ambiguity in this phrase. It sometimes designates the states composing the American Union, separately considered, as in the expression "one of the United S

In the law of estates, thepeculiar characteristic of an estate held by several in joint tenancy, and which is fourfold; viz., unity of interest, unity of title, unity of time, and

Occurs in some compounds. Universal agent. One who is appointed (if, indeed, one can be) to do all the acts which the principal can personally do, and which he may lawfully delegat

Contrary to law; illegal. Unlawfully: illegally. It is not necessary, in an indictment which charges an offence in the precise words of the statute, to employ, in addition, the wor

An early definition was: a disturbance of the peace by persons barely assembling together, with an intention to do a thing, which, if it was executed, would make them rioters, but

Not ascertained in amount; not determined; remaining to be assessed or settled; as miliquidated damages.

In a provision of a fire policy, that buildings unoccupied shall not be covered by the policy, does not include a house used by the insured and his servants, only to take their mea

According to large the scope of that proceeding to a class of persons who could not be pronounced idiots or lunatics according to old standards, yet were deemed proper objects of l

Ordinarily excludes the day to which it relates. But this construction must yield to the manifest intention of the parties to a lease or other contract. Kendall V. Kingsley, 120 Ma

In its legal sense, this phrase cannot be applied to merely two persons violently entering disputed premises. Pike v. Witt, 104 Mass. 695.

An oath, taken by raising the right hand toward heaven, instead of by laying it upon the Gospels, is said to be taken by the uplifted hand.

During the commonwealth (1649-1660), the court of king's bench was called the upper bench.

A general and* uniform practice, recognized as a proper guide of individual conduct. Usage is also called a custom, though the latter word has also another signification, is a long

Signifies the period which, by commercial custom, is allowed in war rious countries for payment of foreign bills of exchange. As the usage or custom is different in different count

n. 1. The term a use, in its original legal application, denoted simply the benefit or beneficial enjoyment of land. After the enactment of the rectly to religious, houses, the ecc

». To "use a port," means to go into a harbor or haven for shelter., for commerce, or forpleasure, and to derive a benefit or an advantage from its protection. Going near a harbor

The exercise or enjoyment of any right or property. It is particularly used of franchises. User of a highway, long continued, establishes the public right of passage. User of corpo

A subordinate officer in the English courts of law. The ushers of the superior courts of law are appointed by the chief justices and chief baron respectively. Tliere are also usher

As far; up to. This word is sometimes prefixed to Latin phrases beginning with ad; as usque ad medium Jilum aqucB. See Ad.

Occurs in some phrases which have been passed upon in the decisions. Usual and customary. These words, when used in respect to a method of selling coal by agents, import such a fix

A civil-law term for the right of using («,?««) and taking the fruits (^fructus) of any property of another, without, however, consuming or injuring it. Usufructuary: one who posse

or USUCAPTIO. A term of Roman law used to denote a mode of acquisition of property; it corresponds very nearly to the term prescription. But the prescription of Roman law differed

The wrongful using of the privilege or right of another. Usurpation of advowson. An injury ■which consists in the absolute ouster or dispossession of the patron from the right of p

In old English, signified any compensation paid by a borrower for the use of money; but in modern language, and since precise limits have been set by the laws of most jurisdictions

adj. 1. Entire. The expression " an utter loss of the ship," in a respondentia bond, shouldi be construed to mean an actual total loss, and not to embrace a constructive one. Insur

V.; UTTERING, part. n. To utter,,as used in a statute against forgery and counterfeiting, means to offer, whether accepted or not, a forged instrument, with the representation, by

Destitute of an occupant; empty; unfilled; unoccupied. Vacant of Bce. An office is vacant, or there is said to be a vacancy in an Utter barristers. Barristers-at-law, in general, w

See Bona Vacantia.

1. To annul; to declare void; as to vacate a proceeding for irregularity, or because of fraud or surprise. 2. To leave empty or unoccupied. When the occupant of a dwelling-house mo

The time between the end of one term and the beginning of another: and it begins the last day of every term, as soon as the court rises. Tlie time from the death of a bishop, or ot

A pledge; security by pledge of property. Vadium mortuum. A dead pledge. A mortgage; a security given to a creditor on condition that, if the money be hot repaid at the appointed t

One that wanders about, and has no certain dwelling; an idle fellow. Jacob,.

One belonging to either of the classes of persons who, by reason of their having no fixed home and subsistence, and pursuing courses ute, be confined and disciplined. Who are vagra

Was anciently a name denoting young gentlemen of rank and family, but afterwards applied to those of lower degree, and is now used for a menial servant, more particularly occupied

Appraised worth; estimation in the market; supposed purchasing power; worth in money. A distinction has been made between value and price. If a plaintiff declares in an action of t

or VAVASOR. The first name of dignity next beneath a peer was anciently that of valvasors, or vavasors, who are mentioned by our ancient lawyers as viri magnas dignitatis. Yet they

A difference, inconsistency, or variation between the evidence adduced and the allegation in pleading in support of which the evidence is offered, or between the intimation of the

In ancient English customs, signified a tenant or feudatary; or person who vowed fidelity and homage to a lord, on account of some land, &c., held of him in fee; also, a slave or s

See Valvasor.

An officer of the king's forest, who is sworn to maintain and keep the assises of the forest, and to view, receive, and enrol the attachments and presentments of all manner of tres

An old expression for money or fines paid to the king, to defray his charges in maintaining the courts of iustice and protection of the people. Tomlins.

As used in the act of July 18, 1866, to prevent smuggling, includes every description of carriage, wagon, engine, ear, sleigh, -sled, sledge, hurdle, cart, and other artificial con

Viewers; persons sent by the court to take a view of any place in question, for the better decision of the right. It signifies, also, such as are sent to view those that essoine th

The party to whom a sale is made. It is, however, convenient, and the tendency of usage is, to employ " vendee " or " purchaser " when a sale of real property is in view, and " buy

Another form of vendor, q. V. VENDITIO; VENDITION. The Latin tei-m and its Anglicized form for " sale; " the transfer of property for a price. Also, for " a sale," or some particul

The party to whom a sale is made. It is, however, convenient, and the tendency of usage is, to employ "vendor" when a sale of real property is in view, and " seller " when the sale

To come; to appear in court. This word is sometimes used as the name of the writ for summoning a jury, more commonly called a venire facias. Venire facias. That you cause to come.

or VENTRE. The ab- The latter sense is most frequent in law-books; as when an unborn child is said to be en ventre sa mere; or in naming the writ de ventre inspiciendo, q. V.

Neighborhood; place; lo- ' cality. Particularly, the neighborhood, place, or county in which a crime or an injury is alleged to have been committed or a fact alleged to have happen

Words; language. Several Latin maxims begin with this word. Those we give relate chiefly to the construction of written instruments. Verba aocipienda sunt secundum subjectam materi

Embodied in language; expressed; worded. See Parol.

The decision of a petit jury upon an issue of fact submitted to them. The decision of a judge or referee, upon an issue of fact, is not called a verdict, but a finding, or a findin

To confirm by oath; to establish; to show to be true. Particularly used of making formal oath, as required by law, to accounts, petitions, pleadings, and some other papers. Verific

Against. This word is much used in entitling suits, to separate the names of the plaintiffs or complainants from those of the defendants. It is usually abbreviated vs. or v., and i

Any thing that doth grow and bear a green leaf within the forest. It is divided into over vert and nether vert. Over vert is the great woods, and nether vert is the underwoods. The

See Ship. An open boat is not a ship or vessel. The term vessel is never, pr at least very rarely, used to designate any water-craft without a deck. United States v. An Open Boat a

This verb is used both transitively and intransitively. A statute or a deed is said to vest an estate in some person, or to vest a person with the estate, meaning to confer the own

The place in a church where the priest's vestures are deposited. Also, an assembly of the minister, churchwardens, and parishioners, usually held in the vestry of the church, or in

I forbid. The power reserved by the American constitutions to the president or governor, to refuse that executive assent which is necessai-y to the complete enactment of a bill, an

Capable of living. Viability: capability of living; possibility of continued existence. An infant newly born is said to be viable, if the organs are in such a state of regular conf

The priest of every parish is called rector, unless the predial tithes are appropriated, and then he is styled vicar; and, when rectories are appropriated, vicars are to supply the

1. In the law of sales, particularly of sales of animals and slaves, a vice is a defect or fault in the creature sold. 2. As a prefix to the titles of certain offices, vice often d

A person clothed with authority to act in place of the king; hence, the usual title of the gdvernor of a dependency.

The.neighborhood; the vicinity. See Pais.

To wit; that is to say; namely. This word has in general the same meaning as scilicet (q. v.), and is used in the same manner as that term; and the remarks under that word as to th

u. A legal examination by the eye, or inspection of any subjectmatter in question. View, v.: to inspect. Viewer: a person appointed to make and report upon ocular examination; part

Live pledge; the antithesis of mortgage or dead pledge. Strictly, it applied to a transfer of productive property to a creditor as security for a debt, upon terms that the rents, i

Seems to bear the same signification in law as a town or tithing; and each of them is said to have had originally a church, and celebration of divine service, sacraments, and bm-ia

Any small assemblage of houses for dwellings or business, or both, in the country, whether they are situated upon regularly laid out streets and alleys or not, constitutes a villag

or VILLAIN. The name of a servile class, under Saxon institutions. Villeinage, or villenage: the state or condition of a villein; also, the tenure by which villeins held their land

See Ex- EMPLAHT Damages.

Force. Violent: forcible; used literally and metaphorically. Violently: with force. Violence is a general term, including all sorts of force. State v. Weaver, Bush. L. 9. The acts

The phrase "by virtue" differs in meaning from " under color." For instance, the proper fees are received by virtue of the office; extortion is under color of the office. Any right

In a statute punishing who has not had illegal and sexual intercourse. A conviction is not warranted if the character of the woman for chastity and purity of heart and feelings has