Black's Law Dictionary

In English law. By the statute 31 Eliz. c. 3, when an exigent is sued out, a writ of proclamation shall issue at the same time, commanding the sheriff of the county where the defen

In England, the king may, by hls writ of protection, privilege any person in his service from arrest in civil proceedings during a year and a day; but this prerogative ls seldom, i

See Quare Impedit.

If, pending an action of replevin for a distress, the defendant distrains again for the same rent or service, the owner of the goods is not driven to another action of replevin, bu

A writ which ls issued on the reversal of a judgment commanding the sheriff to restore to the defendant bslow the thing levied upon, if it has not been sold, and, if it has been so

(1) A general designation of any form of process issuing from an appellate court and intended to bring up for review the record or decision of the court bslow. Burrell v. Burrell,

In English practice. Where it became necessary to revive a Judgment, by lapse of time or change by death, etc., of the parties entitled or liable to execution, the party alleging h

A procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called, to distinguish it from others of t

An abolished writ which lay for tenants in ancient demesne, and others of a similar nature, to try the right of their lands and tenements In the court of the lord exclusively. 1 St

The writ by which, under the English judicature acts, all actions are commenced.

In English law. The name of a writ to remove proceedings on a writ of right patent from the court-baron into the county court.

In English law. A writ directing an action brought in a superior court to be tried in an inferior court or before the under-sheriff, under St. 3 & 4 Wm. IV. c. 42. It is now supers

The name of a writ to be issued against a tenant who has committed waste of the premises. There are several forms of this writ. Fitzh. Nab Brev. 125.

A writ commanding the return of the goods to the defendant, upon a judgment in his favor in replevin, upon the plaintiff's default

One of the two leading divisions of the Roman law, comprising the leges, plebiscita, senatusconsulta, prin-cipum placita, magistratuum edicta, and responsa prudentum. Inst. 1, 2, 3

An injury; a tort; a violation of right or of law. The idea of rights naturally suggests the correlative one of wrongs j for every right is capable of being violated. A right to re

One who commits an injury; a tort-feasor.

In the language of pleading, thla phrase is appropriate to be used in alleging the malicious motive of the defendant in committing the injury which forms the cause of action.

In Scotch law. Wrongful ; unlawful; as wrongous imprisonment. Ersk. Prim 4, 4, 25.

In Saxon law. Worthy; competent; capable. Atheswurthe, worthy of oath; admissible or competent to be sworn. Spelman.

In old English law. Acquittance or immunity from amercement.

In the written terminology of various arts and trades, where two or more dimensions of the same piece or article are to be stated, this letter is a well-known symbol equivalent to

In the civil and old English law. An inn allowed by public license, for the entertainment of strangers, and other guests. Calvin.; Cowell. A hospital; a place where sick and infirm

Reception of strangers; hospitality. Enc. Lond.

A punishment among the Greeks answering to our stocks. Wharton.

A light sea-going vessel, used only for pleasure-tripe, racing, eta Webster. See 22 St. at Large, 566 (U. S. Comp. St. 1901, p. 2845); Rev. St U. S. §§ -4215-4218 (U. S. Comp. St 1

In old records. Mere assertion and denial, without oath.

A measure of length, containing three feet or thirty-six inches. A piece of land inclosed for the use and accommodation of the inhabitants of a house.

Or virgata terræ, is a quantity of land, said by some to be twenty acres, but by Coke to be of uncertain extent

Yes and no. According to a charter of Athelstan, the people of Ripon were to be believed in all actions or suits upon their yea and nay, without the necessity of taking any oath. B

The period in which the revolution of the earth round the sun, and the accompanying changes in the order of nature, are completed. Generally, when a statute speaks of a year, twelv

This period was fixed for many purposes in law. Thus, in the case of an estray, if the owner did not claim it within that lime, it became the property of the lord. So the owners of

Books of reports of cases in a regular series from the reign of the English King Edward I., inclusive, to the time of Henry VIII., which were taken by the prothonotaries or chief s

In English law. An ancient prerogative of the king, whereby he was entitled to the profits, for a year and a day, of the lands of persons attainted of petty treason or felony, toge

See Estate fob Years.

This estate arises either expressly, as when land is let from year to year; or by a general parol demise, without any determinate interest, but reserving the payment of an annual r

The affirmative and negative votes on a bill or measure before a legislative assembly. "Calling the yeas and nays" is calling for the individual and oral vote of each member, usual

In old records. Winter; a corruption of the Latin "hiems."

In English law. A commoner; a freeholder under the rank of gentleman. Co-well. A man who has free land of forty shillings by the year; who was anciently thereby qualified to serve

The collected body of yeomen.

Properly called "yeomen of the guard of the royal household;" a bsdy of men of the best rank under the gentry, and of a larger stafute than ordinary, every one being required to be

Given; dated. Cowell.

In the law of real property, is to perform a service due by a tenant to his lord. Hence the usual form of reservation of a rent in a lease begins with the words "yielding and payin

In conveyancing. The initial words of that clause in leases in which the rent to be paid by the lessee is mentioned and reserved.

A little farm, requiring but a yoke of oxen to till it.

The registries of titles to land provided by acts of parliament for the ridings of the county of York in England. These resemble the offices for the registration or recording of de

This phrase, when used in English conveyancing with reference to settlements of land, signifies all such children as are not entitled to the rights of an eldest son. It therefore i

This word may include children and youth of both sexes. Nelson v. Cashing, 2 Cush. (Mass.) 519, 528,

The times of Christmas and Lammas.

L. Fr. Winter grain. Kelham.

Span. A water ditch or artificial canal, and particularly one used for purposes of irrigation. See Pico v. Co.limas, 32 Cal. 578.

Span. A water commissioner or superintendent or supervisor of an irrigation system. See Pico v. Colimas, 32 Cal. 578.

This word ls commonly token in a bad sense, as denoting a separatist from the Church of England or a fanatic. Brown.

An untechnical term denoting a witness, on the trial of a cause, who manifests a partiality for the side calling him, and an eager readiness to tell anything which he thinks may be

O. Se, Year. "Zeir and day." Bell.

In Hindu law. Landkeep-er. An officer who under the Mohammedan government was charged with the financial superintendence of the lands of a district, the protection of the cultivato

Proceeding by inquiry. Bas$, Lond.

Rogues and vagabonds in the middle ages; from Zlgi, now Circassia.

A union of German states for uniformity of customs, established, in 1819. It continued until the unification of the German empire, including Prussia. Saxony, Bavaria, Wurtemberg, B

In the civll law. A measure or quantity of land. Nov. 17, c. A As much land as a yoke of oxen could plow in a day. Calvin.

In the civil law. A weigher; an officer who held or looked to the balance in weighing money between buyer and seller; an officer appointed to determine controversies about the weig

Lat. A liquor or beverage made of wheat or barley. Dig. 33, 6, 9, pr.