Black's Law Dictionary

In Roman law. An act of Valentinian, passed A. D. 426, providing that the writings of only five jurists, viz., Pa-pinian, Paul, Gaius, Ulpian, and Modestinus, should be quoted as a

The aggregate of rules and principles regulating the admissibility, relevancy, and weight and sufficiency of evidence in legal proceedings. See Ballinger's Ann. Codes & StOr. 1901,

A sort of law of reprisal, which entitles him who has received any wrong from another and cannot get ordinary justice to take the shipping or goods of the wrong-doer, where he can

See International Law.

See Natural Law.

A ruling or decision once made in a particular case by an appellate court, while it may be overruled in other cases, is binding and conclusive both upon the inferior court in any f

In maritime law. The law of that nation or country whose flag is flown by a particular vessel. A shipowner who sends his vessel into a foreign port gives notice by his flag to all

Due pioeess of law, (q. v.) By the law of the land is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry, and renders judgment only a

See Law.

Law administered in the court of the mayor of the staple ; the law-merchant. 4 Inst. 235. See Staple.

Published volumes containing the reports of cases argued and adjudged in the courts of law.

A collection or institute of the earliest laws of ancient India. The work is of very remote antiquity.

A code of maritime laws published at the island of Oleron in the twelfth century by Eleanor of Gui-enne. They were adopted in England successively under Richard L, Henry III., and

A celebrated act entitled "An act for abolishing diversity of opinion." (31 Hen. VIII. c. 14,) enforcing conformity to six of the strongest points in the Roman Catholic religion, u

A code or system of laws in use among the Coltic tribes of Scotland down to the beginning of the fourteenth contury, and then abolished by Edward I. of England.

This term denotes a branch or public international law, and comprises the body of rules and principles observed by civilized nations for the regulation of matters inherent in, or i

The name given to a cede of maritime laws promulgated at Wisby, then the capital of Gothland, in Sweden, in the latter part of the thirteenth century. This compilation resembled th

See Wisby, Laws OF.

The ecclesiastical law, or law Christian. Co.. Litt 344.

A vernacular term for a suit, action or cause instituted or depending between two private persons in the courts of law.

Being entitled to, or having the benefit and protection of, the law.

A person learned in the law; as an attorney, counsel or solicitor. Any person who, for fee or reward, prosecutes or defends causes in courts of reconi or other judicial tribunals o

adj. Relating to persons or things not clerical or ecclesiastical; .a person not in ecclesiastical orders. Also non-professional. —Lay corporation. See Corporation. — Lay days. In

See Corporation.

In the law of shipping. Days allowed in charter-parties for loading and unloading the cargo. 3 Kent, Comm. 202, 203.

L. Fr. Law.

A fee held by ordinary feudal tenure, as distinguished from the ecclesiastical tenure of frankalmoign, by which an ecclesiastical corporation held of the donor. The tenure of frank

In ecolesiastical law. The ceremony of putting a bishop in possession of the temporalities of his diocese.

A judge who is not learned in the law, i. e., not a lawyer; formerly employed in some or the states &a assessors or assistants to the presiding judges in the nisi prius courts or c

One of the people, and not one of the clergy ; one who is not of the legni profession; one who is not of a particular profession.

Jurymen.

A place for dung or soil.

A pest-house or public hospital for persons affected with the more dangerous forms of contagious diseases; a quarantine station for vessels coming from countries where such disease

A Saxon term for persons of a servile condition.

An abbreviation which may stand either for "Lord Chancellor," "Lower Canada," or "Leading Cases."

The counsel on either side of a litigated action who is charged with the principal management and direction of the party's case, as distinguished from his juniors or subordinates,

Where a deed was executed before the levy of a fine of land, for the purpose of speclfying to whose use the flne should inure, it was said to "lead" the use. If executed after the

Among the various cases that are argued and determined in the courts, some, from their important character, have demanded more than usual attention from the judges, and from this c

That one of two or more counsel employed on the same side in a cause who has the principal management of the cause.

A question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating. Coogler v. Rhodes, 38 Fla. 240, 21 South. Ill, 56 Am. St. Rep. 1

1. A treaty of alliance between different states or parties. It may be offensive or defensive or both. It is offensive when the contracting parties agree to unite in attacking a co

The waste or diminution of a liquid caused by its leaking from the cask, barrel or other vessel in which it was placed. Also an allowance made to an importer of liquids, at the cus

L. Fr. Loyal; that which belongs to the law.

L. Fr. Legality; the condition of a legalis homo or lawful man.

To incline in opinion or preference. A court is sometimes said to "lean against" a doctrine, construction or view contended foe, whereby it is meant that the court regards it with

A pasture. Co. Litt 4b.

See Bissextile.

Possessing learning; erudite; versed in the law. In statutes prescribing the qualifications of judges, "learned in the law" designates one who has received a regular legal educatio

Legal doctrine. 1 Leon. 77.

A conveyance of lands or tenements to a person for ilfe, for a term of years or at will, in consideration of a return of rent or some other recompense. The person who so conveys su

-A species of conveyance much used in England, said to have been invented by Serjeant Moore, soon after the enactment of the statute of uses. It is thus contrived: A lease, or rath

An estate in realty held under a lease; an estate for a fixed term of years. See Stubbings v. Evanston, 136 III. 37, 26 N. E. 577, 11 L. R. A. 839, 29 Am. St Rep. 300; Washington F

In old Scotch criminal law. An offense consisting in slanderous and untrue speeches, to the disdain, reproach, and contempt of the king, his coun-ell and proceedings, etc. Bell.

Gleaning.

L. Fr. Legality; sufficiency in law. Britt c. 109.

To give or dispose of by wlll. "The word 'leave,' as applied to the subject-matter, prima facie means a disposition by will." Thorley v. Thorley, 10 East, 438; Carr v. Effinger, 78

A defense to an action in trespass setting up the consent of the plaintiff to the trespass complained of.

Permission obtained from a court to take some action which, without such permission, would not be allowable; as, to sue a receiver, to file an amendl ed pleading, to plead several

A debauched person. Cowell.

A fine for adultery or fornication, anciently paid to the lords of certain manors. 4 Inst 206.

A species of proof on charges of impotency in France, coitu coram testihus. Abolished A. D. 1677.

The contract makes the law.

In Spanish law. A person appointed by competent authority to read and decipher ancient writings, to the end that they may be presented on the trial of causes as documents entitled

A pulpit. Mon. Angh tom. iii. p. 243.

An instructor; a reader of lectures; also a clergyman who assists rectors, etc., in preaching, etc.

In mining law. This tenn, as used in the mining laws of the United States (Rev. St § 2322 [U. S. Comp. St. 1901, p. 1425]) and in both legal and popular usage in the western Americ

A book of accounts in which a trader enters the names of all persons with whom he has dealings; there being two parallel columns in each account, one for the entries to the debit o

In ecclesiastical law. the name of A book kept In the prerogative courts In England. It is considered as A roll of the court, but, It seems, It cannot be read In evidence. Bac. Abr

In old English law. A lathe-reeve or chief officer of a lathe. Spelman.

The rising water or Increase of the sea.

In English law. The name of a court of criminal jurisdiction, formerly of much importance, but latterly fallen into disuse. See Court-Leet.

Meetings which were appointed for the nomination or election of ecclesiastical officers in Scotland. Cowell.

In old English law. That which may be bequeathed. Cowell.

A bequest or gift of personal property by last will and testament Browne v. Cogswell, 5 Allen (Mass.) 557; Evans v. Price, 118 III. 593, 8 N. E. 854; Probate Court v. Matthews, 6 V

A duty imposed in England upon personal property (other than leaseholds) devolving under any will or intestacy. Brown.

1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law. 2. Proper or sufficient to be recogniz

The age at which the person acquires full capacity to make his own contracts and deeds and transact business generally (age of majority) or to enter into some particular contract o

That portion of the assets of a deceased party which by law is directly liable, in the hands of his executor or administrator, to the payment of debts and legacies. 1 Story, Eq. Ju

Such as will warrant the granting of a divorce to the injured party; as distinguished from such kinds or degrees of cruelty as do not,' under the statutes and decisions, amount to

A juridical day. See supra. And see Heffner v. Heffner, 48 La. Ann. 1088, 20 South. 281,

Those that are recoverable in a court of common law, as debt on a bili of exchange, a bond, or a simple contract. Rogers v. Daniell, 8 Allen (Mass.) 348; Guild v. Walter, 182 Mass.

(1) A defense which is complete and adequate in point of law. (2) A defense which may be set up in a court of law; as distinguished from an "equitable defense," which ia cognizable

A demand properly made, as to form, time, and place, by a person lawfully authorized. Foss v. Norris, 70 Me. 118.

An obligation arising from contract of the parties or the operation of the law. Riddell v. Ventilating Co., 27 Mont. 44, 69 Pac. 241. That which the law requires to be done or forb

A broad general term meaning all admissible evidence, including both oral and documentary, but with a further implication that it must be of such a character as tends reasonably an

A day designated by law as exempt from judicial proceedings, service of process, demand and protest of commercial paper, etc.

that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, etc. An administrator

That rate of inters est prescribed by the laws of the particular state or country as the highest which may be lawfully contracted for or exacted, and which must be paid in all case

An irregularity occurring in the course of some legal proceeding. A defect or informality which, in the technical view of the law, is to be accounted an irregularity.

Lat. A lawful man; a person who stands rectus in curia; a person not outlawed, excommunicated or infamous. It occurs in the phrase, "probi et legales homines," (good and lawful men

Lawful money of England. 1 Inst. 207.

Lawfulness.

The act of legalizing or making legal or lawful. See Legalize. —Legalized nnisance. A structure, erection, or other thing which would constitute a nuisance at common law, but which

To make legal or lawful; to confirm or validate what was before void or unlawful; to add the sanction and authority of law to that which before was without or against law.

A structure, erection, or other thing which would constitute a nuisance at common law, but which cannot be objected to by private persons because constructed or maintained under di

Lawfully; according to law.

An expression used as the equivalent of "constructive malice," or "malice in law." Humphries v. Parker, 52 Me. 502.

An ancient usage, custom, supposed grant (as a foundation for prescription) and the like, are said to be immemorial when they are really or fictitiously of such an ancient date tha

A term used in Louisiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the parties should stipulat

Negligence per se; the omission of such care as ordinarily prudent persons exercise and deem adequate to the circumstances of the case. In cases where the common experience of mank