A Law Dictionary, Adapted to the Constitution and Laws of the United States

Suppletions

crim. law, is &ommitted by unlawfully and violently taking or keeping possession of lands and tenements with menaces, force and arms, and without the authority of law. Com. Dig. h.

comm. law, a denomination of money in China. In the computation of the ad valorem duty on goods, &ec. it is computed at one dollar and forty-eight cents. Act of March 2, 1799, s. 6

evideace, are the parts of a piece of wood cut in two, which persons use to denote the quantity _ of goods supplied by one to the other. Poth. Obl. pt. 4, c. 1, art. 2, § 8.

practice, the, name of a return made by the sheriff; to a writ, when it came into his. hands too late to be executed before the return day. Tite sheriff is required to show that he

weights, is an allowance in the purchase and sale of merchandise, for the weight of the box, bag, or cask, or other thing, in which the oods are packed. It also is an alowance made

customs, duties, toll or tribute payable upon merchandise to the general government, is called tariff; the rate of customs, &c. also bears this name, and the list of articles liabl

a phrase used to designate that a man has the power to alter his will or testament as long as he lives.

a place of entertainment, a house kept up for the accommodation of strangers. These are regulated by various local laws. For the liabilities of tavern keepers, vide Story on Bailm.

This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they are called or known,

practice, is the act by which it is ascertained to what costs a party is entitled. It is a rule that the jury must assess the damages and costs separately, so that it may appear to

Un longaync—No. Nar. 16. a. b.—a House of Office, a Jakes—a Shecp walk. Perefoys

government. Before entering on the duties of his office, the treasurer is required to give bond with sufficient sureties, approved by the secretary of the treasury and the first co

in the Scotch law, are that liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functi

an officer in a bank or other institution. He is said to take that name from ftallter, or one who kept a tally, because it is his duty to keep the accounts between the bank or othe

estates, is he to whom lands or tenements are granted, or to which he derives by operation of law a title for the term of his own life, or for that of any other person, or for more

estates. Tenants incommonare such as hold by several and distinct titles, but by unity of possession. 2 BI. Com. 191. See Estate in common. 7 Cruise, Dig. Ind. tit. Tenancy in Comm

estates, is where the husband of a woman is seised of an estate of inheritance, and dies; in this case, the wife shall have the third part of the lands and tenements of which he wa

JOINT, estates. Jointenants, or rather joint-tenants, are such as hold lands or tenements by joint-tenancy. See Estate tn joint-tenancy. 7 Cruise, Dig. Ind. tit. Joint-tenancy; Bac

English law, practice, is a writ to a justice or other person, who has power to take a fine, and having taken the acknowledgment of a fine, delays to certify it in the court of com

estates, in its most extensive signification comprehends every thing which may be holden; provided it be of a permanent nature; and not only lands and inheritances which are holden

contracts. That part of a bond where the obligor declares himself to be held and firmly bound to the obligee, his heirs, executors, administrators and assigns, is called the tenert

estates, is the manner in which lands or tenements are holden. According to the English law, all lands are held mediately or immediately from the king, as lord paramount and suprem

in contracts. This word is used in the civil law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positi

practice. The space of time during which a court holds a session; sometimes the term is a monthly at others, it is a quarterly period, according to the constitution of the court. T

Wherefore did he eject within the term. The name of a writ which lies for a lessee, who has been turned out of his farm before the expiration of his term or lease, against the feof

Vide Estate for years; Leases. and tenements for a term of years or life. Litt. sect. 100.

that he give leave to demolish. Engl. law. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to

Engl. law. A roll, catalogue or survey of lands, be- —_——_—»_ longing either to a single person or a town, in which are stated the quantity of acres, the names of the tenants, and

Vide! Courts of the United States.

is the acceptance of the bill, after protest for non acceptance by the drawee, for the honour of the drawer, or of a particular endorser. When a bill has been accepted supra protes

Vide Religious Test.

common, a term used in the civil law. A common testament is one which is made jointly by several persons. Such testaments are forbidden in Louisiana, Ciy. Code of Lo. art. 1565, an

OLOGRAPH- IC, a term used in the civil law. The olographic testament is that which is written wholly by the testator himself. In order to be valid, it must be entirely written, dat

NUNCUPA-

MYSTIC, a term used in the civil law. A mystic testament is also called a solemn testament, because it requires more formality than a nuncupative testament, is a form of making a w

a term used in the civil law. A testament ab trato, is that made in a gust of passion or hatred against the presumptive heir, rather than from a desire to benefit the devisee. When

One who has made a testament or will.

practice, is the name of a writ which is issued the court of one county, to the sheriff of another county, in the same state, when the defendant cannot be found in the county where

practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. The act of congress of May 8, 1792, 1 Story’s Laws U. S. 257, directs that all writs a

chancery practice. A bill to perpetuate the testimony of witnesses, is one which prays leave to examine them de bene esse, and states that the witnesses are old, infirm or sick, or

evidence, the statement made by a witness under oath or affirmation. Vide Bill to rpetuate testimony.

This isan old and barbarous French word signifying in the old books, evidence. Com. Dig. h. t.

Such a plea is) one which shows some ground for not proceeding in the suit at the _ present period, and prays that the pleading may be stayed, until that ground be removed. ‘The nu

Pleas of this kind are pleaded when the action is misconceived, or was prematurely commenced before the cause of action arose; or that there is another action depending for the sam

practice, is a writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply. See 3 Woodd. 167; Steph. Pl. 15. Thi

Such pleas are for some apparent uncertainty, repugnancy, or want of form; variance from the record, specialty, &c. mentioned therein, or misnomer of the plaintiff or defendant. La

See Contra for- mentary witness; 30 to be a juror; mam statutt. at 16a minor may devise one half

is an officer appointed by the president. He must be learned in the law, and be sworn or affirmed to a faithful execution of his office. His duties are ta prosecute and conduct all

There shall be appointed in each judicial district, a meet person, learned in the law, to act as attorney of the United States in such district, who shall be sworn or affirmed to t

government. Fle is the principal officer in the Department of State, (q. v.) He shall perform such duties as shall be enjoined on or entrusted to him by the president, agreeably to

crimes. One who has been guilty of larceny or theft.

res judtcata, (q- v-) is said of that which has been decided by a final judgment, by a tribunal of competent jurisdiction, from which there can fixed by law for the appealing has e

1. It is an unlawful taking a woman, or an heir in ward. 2. It is sometimes used synonymousty with rape.

evidence, menace. When a confession is obtained from a person accused of crime, in consequence of a threat, evidence of such confession cannot be received, because, being obtained

measures. A_ liquid

a term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matter passed by assise before justices. F. N. B. 181; 3 Bl. Com. 389. The s

civ. law. ham’s Pract. 185; 1 Fonbl. Equity, The name of a servitude; it is the 430. right of inserting a beam or timber TIME, pleading. The averment from the wall of one house int

Under the ancient law, there were continuances, i. e. adjournments of the proceedings for certain purposes, from one day or one term to another; and, in such cases, there was an en

The constitution of the United States, art. 1, 8s. 9, cl. 1, declares that no state shall “ pass any bill of attainder, ex post facto law, or law impairing the obligation of contra

DOUBTFUL, chancery practice. A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptance by a purchaser, nor so defective as to dec

MARKETABLE, in chancery practice. A marketable title is one which a court of equity considers to be so clear that it will] enforce its acceptance by a purchaser. The ordinary accep

persons. Titles are distinctions by which a person is known. The constitution of the United States forbids the grant by the United States of any title of nobility, (q. v.) Titles a

crim. law. To encourage or set another on to commit acrime. This word is always taken in a bad sense. To abet another to commit a murder, is to command, procure, or counsel him to

practice, is to make shorter in words, so as to retain the sense or substance. In law it signifies particularly the making a declaration or count shorter, by taking or severing awa

in the Englis law, signifies either “to affere an amercement,” 1. e. to mitigate the rigour of a fine; or “to affere an account,” that is to confirm it on oath in the exchequer.

estates, tstles. This is a generic term applicable to all those modes of parting with property by which the direct object is to deprive the heirs of the substantial interest in the

in contracts.. To convey the property of a thing to another. 7'o aliene in fee, is to convey the fee simple. To aliene in mortmain, to make over lands or tenements to a religious h

approbare; to increase the profits upon a thing; as to approve land by increasing the rent. 2 Inst. 784..

1. To rate or to fix the proportion which every person has to pay of any particular tax. 2. To assess damages is to ascertain what damages are due to the plaintiff; in actions foun

contracts, practice. 1. To make a right over to another; as to assign an estate, an annuity, a bond, &c. over to another. 5 John. Rep. 391. 2. To appoint; as to appoint a deputy, &

BINDING, contracts. These words are applicd to the contract entered into betwecn a master and an apprentice; the latter is said to be bound. In order to make a good binding the con

to substitute one punishment in the place of another. For example, if a man be sentenced to be hung, the executive may, In some instances, commute ‘his punishment to that of impris

contr. To words occur, “I nominate, constitute and appoint.”

To forbid. This word is used in some old English statute in the sense it has in French, namely, to forbid. 65 Ric. 2, c. 7. train on the highway.” Co. Litt. 160 b, 161 a. In pleadi

contr. This term is applied to the non-fulfilment of commercial engagements. To dishonour a ‘bill of exchange or a promissory note, is to refuse or neglect to pay it at maturity. T

Engl. law, is to deprive a person of the privilege of suing in forma pauperis & (q- 2) When a she hae been that the party has become the owner of a sufficient estate real or person

crim. law, to induce a person not to do anact. Ta dissuade a witness from giving evidence against a person indicted, is an indictable offence at common law. Hawk. B. 1, c. 21, s. 1

practice, is to make a list or roll, by the sheriff or other authorised officer, of the names of jurors who are summoned to appear for the performance of such service as jurors are

practice, conveyancing, to copy the rude draught.of an instrument in a fair and large hand. -

to register; to enter on the rolls of chancery, or other courts; to make.a record.

to prove a thing to be false; as, “ to falsify a record,” Tech. Dict. To alter or make false a record. This is punishable at common law. Vide Forgery. By the act of congress of- Ap

crim. law, torts. ‘To swear to a falsehood. This word has not the same meaning as perjury. It does notez ve termtint signify a false swearing before an officer or court having auth

A place or piece of ground on which a house formerly stood, which has been destroyed by accident or decay; it also signifies a messuage.

To warn; to garnish the heir, is to warn the heir. Obsolete.

contr., is to accept a bill of exchange; to pay a bill accepted, or a promissory note, on the day it becomes due. Vide To Dishonour.

Engl. law. In cases of treason the law makes it a crime to imagine the death of the king. In order to complete the offence there must, however, be an overt act; the terms compasstn

practice, is to write the names of a jury on a schedule, by the sheriff or other officer lawfully authorised. -

practice, to sue or prosecute by due course of law.

To take effect; as, the pardon inures.

contracts, crimes, is a document or sign of the existence of a fact. Tokens are either public or general, or privy tokens. ‘They are true or false. Whena token is false and indicat

commercial law. In England this name is given to pieces of metal, made in the shape of money, passing among private persons by consent at a certain value. 2

contracts, is a sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. Toll is

signify, in a general sense, any manner of customs, subsidy, prestation, imposition, or sum of money demanded for exporting or importing of any wares or merchandises, to be taken o

crim. law, is to deprive a person of such part of his body as to render him less able in fighting or defending himself than he would have otherwise been. Vide Mayhem.

In the army, by this term is understood to collect together and exhibit soldiers and their arms; it also signifies to employ recruits and put their names down in a book to enrol th

mar. law, is the capacity of a ship or vessel. The act of congress of March 2, 1799, s. 64, 1 Story’s L. U. 8S. 630, directs that to ascertain the tonnage of any ship or vessel, th

practice, is to overthrow or annul. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is cle

Voluntarily to take from another what is offered. A landlord, for example, could not be said to receive the key from his tenant, when the latter left it at his house without his kn

the act of making a record. Sometimes questions arise as to when the act of recording is complete, as in the following case. A deed of real estate was acknowledged before the regis