A Dictionary of Law

In the civil law. Two names of an action which lay in behalf of a buyer to reduce the contract price, not to vancel the sale; the judex had power, however, tocancel the sale. Hunte

A writ addressed to a mayor ofa town, ete,, who was by the king’s writ commended to give seisin of lands to the king’s grantee, on his delaying to do it, requiring hitn to show can

An ancient officer, whose duty it was to ride armed cap-d-pié, into Westminster Hall at the coronation, while the king was at dinner, and, by the proclamation of a herald, make a c

The legitimation of a bastard by the subsequent marriage of his parents. Bell.

A writ which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was cominitted. 3 Bi, Comm. 130 HABEAS CCRPUS AD RES

Lat. The coging fine. fs cut cognoscitur, the cog- 3H. In Seoteh law. The period of the tion of a tack or lease. 1 Bligh, 522.

ee

A writ which is issued to remove, for trial, & person confined in one county to the county or place where the offense of which he is accused was commiited. Bac. Abr. “Habeas Corpus

John. Terms of the law; cr certain difficult and obscure words and terms of the common and statute laws 1721. Note. This work is also known as “Termes de la Ley.”

Henry Gilbert. The pocket law lexicon, explaining technical words, phrases, and maxims of the English, Scotch, and Roman Jaw. 2d Eda. 1 vol. l6mo. London, 1884.

Soverelzn. Accession. Henry VII....... eaee.-- Aug, 22, 1485 Henry VIIL... or ov tepmllee, 1EOR)).. <ajauees Edward VI..............dan. 28, 1547

A double fine, comprehending the fine sur cognizance de droit come ceo and the fine sur concessit. It might be used to convey particular limitations of estates, whereas the fine su

The law of the an- Britons, or Marches of Wales. Cowell. nt ¥ BURGUNDIONUM. The law of urgundians, a barbarous nation of Eu- é, first compiled and pubiished by Gunidei, one of the

A bill in equity, to obtain a re-examination and reversal of a deeree, filed BILL IN NATURE OF A BILL OF

A writ of the same nature as that last above described, issued by the guardian of the crown’s ward, and addressed to the sheriffs or stewards of the court, forbidding them to distr

Relating to administration tice, or office of a judge. ular; done in conformity to the laws of ed.

In prac- 8 am not informed. A formal answer the defendant’s attorney in cost to y that he has not been advised of any to beinade tothe action. Thereupon nent by default passes.

This court was established by St. 20 & 21 Vict. c. 35, which transferred to it all jurisdiction then exercisable by any ecclesiustical court in England, in matters matrimonial, and

To make proof of a Jacob. T. To loan money upon securi-_ more or Jess permanent nature, or to in business ventures or real estate, ise lay it out, so that it may produce or income,

In the a French law. An aggregation,; sanctioned: by government, of merchants, captains of vesacls, exchange agents, and courtiers, the two latter being nominated by the government

Dutch. In old New York > law, A farmer.

Interchange of ritten cointmuniecations. ‘Phe letters writby a person and the answers wrilten by one to whom they are addressed.

In pleading. malt words introducing the statement of e plaintiff’s case, by way of recital, in his elaration, in all actions except trespass. 1 r, Cler. 170; 1 Burrill, Pr. 127. In

Contemplation of a state of bankruptcy or a known insolvency and inity to carry on business, and a stoppage 4 of business. 5 Reporter, 295, 299. Something more is meant by the phra

To make use of. Thus, to exercise a right or power is to do something which it enables the holder to do.

5 kes cxe as Beloit SHEDS Oy) LOOD ns racdvels William and Mary......Feb. 18, 1699...,... BUNA ain s saa eecies tei¢-cion eMMATCMG, 1iUAs» vee George I....... Ravan obawe ox Gb: OO

Carl Johan. Glossarium ad corpus juris Sueo-Gotorum antiqui. Ordbok till Samlingen of Sweriges Gainla Lagar. 1 vol. 4to. Lund, 1877.

ANNI NUBILES. A woman's marriageable years. ‘The ageat which a girl becomes by law ft for marriage; the age of twelve.

In English law. An esfee which has a qualification subjoined o, and which must be determined ever the qualification annexed to it is;anend. 2 Bl. Comm. 109.

The act of a payce, accommodation indorser, or holder note, check, or other negotiable in- £, in writing his name upon the back me, with or without further or qualwords, whereby th

The name of certain English courts created by commission under the great seal pursuant to the statute of sewers, (23 Hen. VIII. ¢. 5.)

The name of the plea of the statute of limitations, when the defendant alleges that the plaintiff's action has not acerued within six years. Actio non datur non damnificato. An act

Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises.

When a sherilf to a common ji. fa. returns awila bea, and that the defendant is a benefiecd clerk, not having any lay fee, a plainii ff may issuea fi. fa. de bonis ecclesiasticés,

An old writ which lay to seize goods in the hands ofa party during the pendency of @ suit, to prevent their being made away with. Reg. Orig. 126. DE ARRESTANDO IPSUM QUI PE-

In the civil law. Ordinary judices; the common jucices appointed to try causes, and who, according to Blackstone, determined only questions of fact. 3 Bl. Comm. 315.

Socictics formed in Engeluding the buying and selling of land and also (but subject to certain restrictions) the business of banking.

In English A fund, consisting of moneys and securities, which, at the time of the passing of a bankruptey act, 1861, stood, in the Bank of England, to the credit of the commissiono

In English law. A loeal court which has its sittings in Lonlon only, which receives the petitions of insolvent debtors, and decides upon the question of granting a discharge. COURT

It may be defined as a future interest not transmissible to the Fepresentatives of the party entitled thereto, in case he dies before it vests in possession. Tis, if a testator lea

A writ of entry causa mairimontt praloguuté lies where lands or tenements are givento a man upon condition that he shall take the donor to be his wife within a certain time, and he

Sir Henry. Glossarium archaiologicum; continens Latino-Barbara, peregrina, obsoleta, et novati significationis vocabula. Ist Edn. 1 vol. 4to. Londen, 1626, —,Same. 8d Edn. 1 vol. f

Lat. In the civil and old English law. To bequeath; to leave or give by will; to give in anticipation of deuth. In Scotch phrase, to legate. eee

Of the same kind, class, or nature,

In practice. Leading to or cing an issue; relating to an issue or

An ensign for horsemen in war.

When the act complained of is prohibited by a statute, these technical words

OR AGAINST. The name given to two celebrated English statutes,—the statute 13 Eliz. ¢. 5, made perpetual by 29 Eliz. ec. 5; and the statute 27 Eliz. c. 4, made perpetual by 29 Eliz

Jn English law. A-court instituted for the trial, during the recess of parlinment, of peers indicted for treason or felony, or for niisprision of either. This court is not a perman

Tn English law. <A court constituted for the trial of scholars or privileged persons connected with the university at Oxford or Cambridge who are indicted for treason, felony, or m

<An English order of knighthood, instituted in 1818.

In Saxon law. The estimation or valuation of the head; the price or value of a man, By the laws of Athelstan, the life of every man, not excepting that of the king himself, was est

F. J. Glossary of technical terms, phrases, and maxims of the common law. 1 vol. 12me. Boston, 1881.

In public law. The fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of government, laying the basic principles to

) New constitutions; generally translated in English, “Novels.” The Latin name of those constitulions which were issued by Justinian after the publication of his Code; most of them

An undertaking, in the form of acovenant, on the part of the vendor of real estate to do such further acts for the purpose of perfecting the purchaser's title as the latter may rea

A writ formerly granted for freeing and discharging persons from serving on assizes and juries. Fitzh. Nat. Brey. 165. Won possessori incumbit necessitag probandi possessiones ad s

In old daw and practice, ae to God, J an enti the bible, or the jook of Common ft rayer, intended to wound Bl aiwiis-emogthe blank, the feelings of mankind or to excite contempt

Thomas. A law-glossary of the Tain, Greek, Norman, French, and other languages, interspersed in the commentaries by Sir W. Blackstone, Knt., and various law treatises upon each bra

In Scotch law. by which certain prohibited acts a deed are, if committed, declared and void. <A vesolutive clause dis- 1 puts an end to the right of a prohis committing the acts so

Of the goods of the testator, or intestate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual pr

In Scotch law. A sentences of the court of sessions, (who are now in the place of tiie commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.

For keeping the peace, and for good bebavior.

In ecclesiastical] procedure. Facts “newly come” to the knowledge of a partytoacause. Leave to plead facts noviter perventa is generally given, in a proper cuse, even after the ple

In old English law. A small parcel or bif of land.

These words, “marque” and “reprisal,” are frequently used as synonymous, but, taken in their strict etymological sense, the latter signifies a “taking in return;” the former, the p

The fact by of which aright comes into existence; a grant of a monopoly, the death of one’s x. Toll. Jur. 132.

Inforestlaw. Thefawning season of deer.

Fraus meretur fraudem. Plowd. 100. Fraud merits fraud.

<A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth eentury, and then abolished by Kdward I, of England,

A court of arbitrators, created for the convenience of merchants in the city of New York, by act of the legislature of New York. It decides disputes between members of the chamber

A wrib of entry sine assensw capitiult lies where an abbot, prior, or such as hath covent or common seal, alions lands or tenements of the right of his church, without the assent o

Certain counsel, not less than six in number, appointed by the lord chanceclior, for the purpose of assisting the court of chancery, or any jildge thereof, with their opinion in ma

In English law. A court which had jurisdiction — of all cases of treason, misprisiun of treason, murder, manslaughter, bloodshed, and other malicious strikings whereby blood is she

In English parhouse on the assembling of every new pariiament. When the house is in committes ou bills introduced by the government, or in committee of ways and means, or supply, o

See RASTELL. TOLLUIRE (R. 8.) and BOULET (J. B. E.) Nouveau dictionnaire des termes de droit et de pratique: ou

Thestatuteofells and perches.

] In Englishlaw. An ancient writ, which was addressed by the king to the lord chancellor, to bestow the benelice that sliould jirst fall in the royal gift, above or under a Specifi

INTEREST OR NO INTER4ST. ‘These words, inserted in an insurance poliey, mean that the question whether the insured has or has not an insurable interest in the subject-matter is wai

Lat. A ly remedy. The writ of assise was thus acterized {in comparison with the less peditious remedies previously availalle) the statute of Westininster 2, (18 Edw. 24.)

The name given to certain English statutes, (8 Vict. c.8, amended by 28 & 24 Vict. c. 106, and 32 & 338 Vict. c. 18,) the object of which was te provide legislativa clauses ina con

In Englishlaw. A writ commanding the mayor of the staple to certify to the lord chancellor a statute-staple taken before him where the party himself detains it, and refuses to brin

A species of estovers, belonging to a tenant for life or years, consisting in the right to take from the woods of the lessor or owner such timber as may be necessary for making rep

A writ that lay for ajoint tenant or tenant in common who was distrained for more rent than his proportion of the land comes to. Reg, Orig. 182.

An abolished writ for disannuling « fine levied of lands in ancient demesne to the prejudice of the lord. Reg. Orig. 15,

In Saxon law. Witchcraft, particulaz!y that king which consisted in the conipounding and administering of drugs and philters.

Writs for the admitting and removing of guardians,

stituted by the state prosecutagainst intruders upon the public Gen. St. Mass. c. 141; 3 Pick. igh, 588.

In old English practice. A writ, issued by royal authority, empowering an attorney to appear for a defendant. Prior to the statute of Westminster 2, a party could not appear in cou

as a punishment or measure of prevention, ig where a juvenile offender is sentenced to be sent to a reformatory school, to be there detained fora certain period of time. 1 Russ. Cr

In the civil law. An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence

ete. An ancient writ that lay to the customer of a port to permit one to pass wool without paying custom, he having paid it before in Wales. Reg. Orig. 279.

John. Latin phrases and rnuxims, collected from the institn« tional and other writers on Scotch law, with translations and iliustrations. 2d Edn. 1 vol. i2mo. Edinburgh, 1876.

An obsolete writ that lay where a house was within a borough, for rent issuing out of the same, and which warranted the taking of doors, windows, etc., by way of distress,

Lat. In pleading. The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitration, ete. B

And this he prays may be inquired of by the country. The conciusion of 4 plaintiff’s pleading, tendering an ne

In Indian law. Agent; holder of an office; an intendant and colir of the revenue, uniting civil, military, financial powers under the Mohammedan rument.

The promiscuous feeding of bulls and cows or all horned beasts that are allowed to run together upon the same common. Spelman.: