A Dictionary of Law

‘The attaching or taking of movable goods and chattels, called “vif” or “mort” according as the chattels were living or dead. ‘Termes de la Ley.

A confession N.

(Lat. For taking a man in withernam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin.

Lat. In old records. Te take, seize, or distrain.

Lat. In old English and Scotch law. A distraining or taking of a distress; an impounding. Spelman.

The designation of an individual person, or of a firm or corporation. In law a man cannot have more than one Christian name. 1 Ld. Raym. 562.

Writ for taking cattle in withernam. A writ which lay where the sheriff Teturned to a pluries writ of replevin that the cattle or goods, etc., were eloined, etc.; by which be was c

Lat. Inold English law. A taking; a distress. Spelman. Things, goods, or animals taken by way of distress, Simplex namium, a simple taking or pledge. Bract. fol. 2036.

An unjust taking of the cattle of another and driving them

EDICT OF. A. celebrated \y law for the security of Protestants, made by Henry IV. of France, and revoked by Louis

Oneofthe usual agreements entered into by a vendor for the protection of the vendee’s interest in the subject of purchase. It seams to be confined to an agree: ment that the granto

in French law, is the contract of pledge; ifof a movutle, it is called “gage,” and it of an insmovable, it is called “antichrise.” Brown.

One of the common law names for a plaintiff's count or declaration, a3 being a narrative of the facts on which he Telies.

In Scoteh conveyancing. That part of a deed which describes the grantor, and person in whose favor the deed is granted, and slates the cause (consideration) of granting. Bell. {,

A countor;a pleader who draws narrs. Serviens narrator, a serjeant at law. Flota, 1. 2, c. 37.

Lat. That shall hercafter be born. A term used in-mi:rriage set- Uements to designate the future issue of the marriage, as distinguished from “natus,” & child already born.

The state and condition of a man acquired by birth.

Born and to be born, All heirs, near and remote,

In old records. A native place. Cowell.

Notes issued by national banks, and by the United States government.

The money owing by government to some of the public, the interest of which is paid out of the taxes raised by the whole of the public.

A term sometimes applied to the aggregate of the property owned direetly by a pation.

The domiwith reference to a particular locality or subdivision of a nation.

The government of a whole nation, as distinguished from that of a local or territorial division of the nation, and also as distinguished from that of a league or confederation, “A

That quality or character which arises from the fact of a person’s belonging to a nation or state, Nationality determines the political status of the individual, especially with re

In Spanish and Mexican law. Nationalization. “’The nationalization of property is an act which denotes tht it has become that of the nation by some process of law, whereby private

Inold Englishlaw. A niefe or female villein. So called because for the most part bond by nativity. Co. Litt. 1226.

A natural-born subject or citizen; a denizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The terin may also include

In old Englishlaw. Vil lenage; that state in which men were born slaves. 2 Mon, Angl. 643.

In old English law. A writ which lay for a lord when his villein had run away from him. It was directed to the sheriff, and commanded him to apprehend the villein, and to restore h

The name of an ancient collection of original writs, accom. panied with brief comments and explanations, compiled in the time of Mdward Ill. This is commonly called “Old Natura Bre

Such as naturally subsists between near relatives, as a futher and child, brother and sister, husband and wife,- This is regarded in law as a good consideration.

In English law. That kind of allegiance which is due froin all men born within the king’s dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot In A

In English law. One born within the dominions, or rather within the allegiance, of the king of England.

A bastard; a child born out of lawful wedlock. But in a statute declaring that adopted shall have all the rights of “natural” children, the word “natural” was used in the sense of

In Spanishlaw. The state of a natural-born subject. While, New Recop. b. 1, tit. 5, ¢. 2.

A person born without understanding; a born fool or idiot. Sometimes called, in the old books, a “natural.”

The produce of the soil, or of fruit-trees, bushes, vines, etc., which are edible or otherwise useful or serve for the reproduction of their species. The term is used in contradist

Ina statute of distributions, this term may be understood and interpreted as meaning “legitimate heirs,” and hence may include an adopted child. 9 Amer. Law Reg. (O. S.) 747.

A period of non-responsible life, which ends with the seventh year. Wharton.

Theact of adopting an alien into a nation, and clothing him with all the rights possessed by a naturalborn citizen.

To confer citizenship upon an alien; to make a foreigner the same, in respect to rights and privileges, as if he were a native citizen or subject.

One why, peing an alien by birth, has received citizenship under the laws of the slate or nation,

The rule and dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitableness to a reasonable nature. Ta

The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. 1 Bl. Comm. 125.-

The period between birth and natural death, as distinguished

One which Jacks legal sanction, and therefore cannot be enforced in a court of justice, but which imposes a moral duty upon the person bound.

Such as are formed by nature, as distinguished from artificial persons, or corporations, formed by human laws for purposes of society and goyernment. Wharton.

In the law of evidence. ‘That species of presumption, or process of probable reasoning, which is exercised by persons of ordinary intelligence, in inferring one fact from another,

Those rights which are plainly assured by natural iaw; such as the right to life, to personal liberty, etc.

In old English law. That period of time in which the sun was supposed to revolve in its orbit, consisting of 365 days and one-fourth of a day, or six hours. Braet. fol. 3598. Natur

Lat. In the civil law. The master or owner of a merchant vessel, Calvin.

In French maritime law. Shipwreck. "The violent agitation of the waves, the impetuous force of the winds, storm, or lightning, may swallow up the vessel, or shatter it, in such a m

Lat. Shipwreck.

In old practice. Bad; defective. “The bar is naughi.”. 1 Leon. 77, “The avowry is naught.” 65 Mod. 73. “Tha plea is undoubtedly naught.” 10 Mod. 829, See 11 Mod. 179,

Lat. In the civil and maritime law. A sailor; one who works a ship. Calvin. Any one who is on board a ship for the purpose of navigating her. The employer of aship. Dig. 4, 9, 1, 2

Experienced shipmasters, or other persons having special knowledge of navigation and nautical affairs, who are called to the assistance of a court of admiralty, in difficult cases

In old English law. A duty on certain tenants to carry their lord’s goods in a ship.

Appertaining to the navy, (9- ©)

Courts held abroad to the wreek or abandonment of a British ship. A naval court consists of three, four, or five members, being officers in her majesty’s navy, consular officers, m

Tribunals for the trial of offenses arising in the management of public war vessels.

The system of regulations and principles for the government of the navy.

An officer in the navy. Also an important functionary in the United States custom-houses, who estimates duties, signs permits and ciearances, certifies the collectors’ returns, ete

In the civil law. The master or commander of a ship; the captain of a man-of-war.

Capable of being navigated; that may be navigated or passed over in ships or vessels. But tho term is generally understood in a more restricted sense, viz., subject to the ebb and

Those waters which afford a channel for useful commerce. 20 Wall. 480.

To conduct vessels through navigable waters; to use the waters ag a means of communication.

The act or the science or the business of traversing the sea or other waters in ships or vessels.

RULES OF. Rules and regulations adopted by commercial nations to govern the sleering and management of vessels approaching each other at sea so as to avoid the danger of collision

tn English law, were Various enactments passed for the protection of British shipping and commerce as against foreign countries. For a sketch of their history and operation, see 8

Fr. In Frenchlaw. Aship Emerig. Traité des Assur. c. 6, § L

Lat. A good ship; one that was staunch and strong, well caulked, and stiffened to bear the sea, obedient to her helm, swift, and not unduly affected by the wind. Calvin.

A fleet of ships; the aggregate of vessels of war belonging to an independent nation.

One of the executive departments of the United States, presided over by the secretary of the navy, and having in charge the defense of the country by sea, by means of ships of war

Evidence of a new and material fact, or new evidence in relation toa fact in issue, Giseovered by a party to « cause after the rendition of a verdict or judgment therein.

See Portcy. tg. To engage to indemnify a perat pecuniary loss from specified To act as an insurer.

A deed to which two or ersons are parties, and in which these r into reciprocal and corresponding nis oF obligations towards each other; reas a deed-poll is properly one in which o

Trade wholly carhome; as distinguished from com- ‘hich see.)

Lat. In ecclesiastical law. The name of a prohibitory writ, directed to the bishop, at the request of the plaintiff or defendant, where a guare impedit is pending, when either part

Those tides which happen between the full and change of the moon, twiee in every twenty-four hours. 18 Cal. 2i.

NET. The clear weight or quantity of an article, without the bag, box, keg, or other thing in which it may be enveloped.

Oxen or heifers. “Beeves” may include neat stock, but all neat stock are not beeves. 36 Tex. 324; 32 Tex 479.

Land let out to the yeomanry, Cowell.

In pleading. The statement in apt and appropriate words of all the necessary facts, and no more. Lawes, Pl. 62. Nee curia deficeret in justitia exhibenda. Nor should the court be d

Fr. Hedid not deliver. A plea in detinue, denying the delivery to the defendant of the thing sued for.

The act of killing.

Things indispensable, or things proper and useful, for the sustenance of humanlife. This is arelative term, and its meaning will contract or expand according to the situation and s

Lat. Necessary; unavoidable; indispensable; not admitting of choice or the action of the will; needful,

As used in jurisprudence, the word “necessary” does not always import an absolute physical necessity, so strong that one thing, to which another may be termed “necessary,” cannot e

Necessary repairs (for which the master of a ship may lawfully bind the owner) are such as are reasonably fit and proper for the ship under the circumstances, and not merely such a

Lat. Necessity; a force, power, or influence which compels one to act against his will. Calvin.

In the civil law. An obligation; a close connection; relationship by blood. Calvin.

Controlling force; irre sislible compulsion; a power or impulse se great that it admits no choice of conduct. When it is said that an act is done “under necessity,” if may be, in i

HOMICIDE BY. Aspe cies of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligenc

The Latin sentence, “ Misérere mei, Deus,” was so called, because the reading of it was made a test for those who claimed benefit of clergy.

or NON DEDIT. The general issue in a formedon, now abolished. It denied the gift in tail to have been made in manner and form as alleged; and was therefore the proper plea, if the

Ina statute against, “needless” killing or mutilation of any animal, this term denotes an act done without any useful motive, in a spirit of wanton cruelty, or for the mere pleasur

Lat. In English practice. A writ which issues to restrain a person from leaving the kingdom. It was forant is about to leave the kingdom; it is only in eases where the intenticn of

Lat. In American practice. A writ similar to that of née exeat regnu, (g. v.,) available to the plaintiff in a civil suit, under some circumstances, wlien the defendant is about to

Lat. That which is against right or the divine law. A wicked or impious thing er act. Calvin.