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

property, the production of trees and other plants. Fruit is considered real estate before it is separated from the plant or tree on alty, and may be the subject of larceny: it the

is one who has escaped from the service of his master. The constitution of the United States, art. 4, s. 2, 3, directs that “no person held to service or labour in one state, under

office, is properly Rawle, 64. It seems doubtful whethe occupation of an office, by the ther the husband can call upon the performance of its duties; the officer separate personal

One who is ' Vide 2 Bl. Com. 508; Godolph. in office or in some public employ- p- 2; 3 Atk. 249; Off. Ex. 174; 3 ment. Bac. Ab. 85; Vin. Ab. ht. -

a tax, imposition or duty. This word is said to have the same signification that gubelle formerly had in France. Cunn. Dict. h.t. But this seems to be an error, for gabelle signifi

contracts. Personal property placed by a debtor in possession of his creditor, as a security for his debt; a pawn, (q. v-) Hence mortgage is a dead pledge.

Wager of law, (q- v-)

old Eng. law, signifies the draft oxen, horses, wain, plough, and furniture for carrying on the work of tillage by the baser sort of soke men and villains, and sometimes the land i

An instrument on which to hang criminals condemned to death. 7

Birds and beasts of a wild nature obtained by fowling and hunting.; seems now to be settled that when the witness believes ina God who will reward or punish him even ian this world

crim. law, are houses kept for the purpose of permitting persons to game for money or other valuable thing. They fire nuisances in the eye of the law, being detrimental to the publ

Spanish law. A term which in Spanish signifies nearly the same as acquets. Bienes gananctales are thus defined: ‘ Aquellos que el marido y la muger 6 cualquiera de los dos adquiere

is a prison or building designated by law or used by the sheriff, for the confinement.or detention of those whose persons are judicially ordered to be kept in custody. Vide 6 John.

Eng. law. To insure the trial, within a certain time, of all prisoners, a patent in the nature of a letter is issued from the king to certain persons, appointing them his justices,

the keeper of a gaol or prison, one who has the legal custody of the place where prisoners are kept. It is his duty to keep the prisoners in safe custody, and for this purpose he m

Engl. law. Money paid by a prisoner to his fellow prisoners on his entrance into prison.

is a person who has money or property in his possession, belonging to a defendant, which money or property has been attached in his hands, and he has had notice of such attachment;

A warning to any one for his appearance, in a cause in which he isnot a party, for the information of the court, and explaining a cause. For example, in the practice of Pennsylvani

given to all the kindred. Eng. law. <A tenure or custom annexed or belonging to lands in Kent, by which the lands of the father are equally divided among all his sons, or. the land

old Engl. law, signifies a fine or compensation for an offence; also, rent, money or tribute.

An assembly. Wittena gemote, during the time of the Saxons in England, signified an assembly of wise men. The parliament..

That which designates the sexes. As a general rule when the masculine is used it includes the feminine, as, man (q. Vv.) sometimes includes women. ‘This is the general rule, unless

is the summary history or table of a house or family, showing how the persons there named are connected together. It is founded on the idea of a lineage or family. Persons descende

pleading, is a plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because

1 Beck, 288 to 331; Roscoe, Cr. Ev. 190; 1 Russ. 553; Vilanova y Maizies, Materia Criminal Forense, Obs. 11, c. 7, n. 15—18.

When a ship is so employed that the contract by which its master or owners destine it on a particular voyage, enge separately with a number of persons unconnected with each other,

in pleading, is one preceded by a general inducement and denying in general terms, all that is last before alleged on the opposite side, instead of pursuing the words of the allega

Inthe English law, according to Sir Edward Coke, is one who bears a coat of armour. 2 Inst. 667. In the United States this word is unknown to the law, but in many places the word i

This word is unknown to the law in the United States, and is but little used. In England it was formerly a good addition of the state or degree of a woman. 2 Inst. 667.

Engl. law. On awarding an exigent, in order to outlawry, a writ of proclamation issues to the sheriff of the county where the party dwells, to make three proclamations for the defe

denotes the number of beings or objects, which agree in certain general properties, common to them all, so that genus is in fact only an abstract idea, expressed by some general na

relations, germanus, whole or entire, as respects genealogy or descent; thus, “ brotherrman,” denotes one who is brother both by the father and mother’s side; “ cousins-german,” th

med. jur. The time during which, a female who has conceived, carries the embryo or foetus in her uterus. By the common consent of mankind, the term of gestation is considered to be

practice, is a writ which lies to replevy a man out of prison, or out of the custody of any private person, in the same manner which cattle taken in distress may be replevied, upon

conveyancing, is properly applied to the creation of an estate tail; as that of feoffment is to that of an estate in fee simple. It differs in nothing from a feoffment, but in the

contracts, is the act by which the owner of a thing, voluntarily transfers the title and possesderation. It differs from a grant, sale, or barter in this, that in each of these cas

is a gift made from one or more persons, without any prospect of immediate death, to one or more others. These gifts are so called to distinguish them from gifts causa mortis, (vid

pleading. Gist of the action is the essential ground or object of it in point of law, and without which there is no cause of action. Gould on Pl. ch. 4. § 12. But it is observable

contracts. He who makes a git, (q. v.-); by his gift, the giver always impliedly agrees with the donee that he will not revoke the gift.

contracts. Any agreement by which a creditor gives his debtor a delay or time in paying his debt, beyond that contained in the original agreement; when other persons are responsibl

In our old Latin authors and in the Norman laws, this word was used to signify supreme jurisdiction, jus gladit.

‘The act of gathering such grain ina field where it grew, which may have been left by the reapers after the sheaves were gathered. There is a custom in England, it is said, by whic

eccles. law, is the land which belongs to a church. GO. This word is used sometimes technically. When a party is dismissed the court, he is said to go without day; that is, there i

natural and political law, is the manner in which sovereignty is exercised in each state. ‘There are three simple forms of government, the democratic, the aristocratic and the mona

The title of the executive magistrate in each state and territory of the United States. Under the names of the particular states, the reader will find some of the duties of. the go

Is that to which a person is not entitled to by law, but which is extended to him as a favour; a pardon, for example, 1s an act of grace. There are certain days allowed to the paye

A figurative term which has obtegggd in chancery practice, to designate the right of a mortgagee in premises, to which the mortgagor at the time of making title, title. Inthis case

weight, is the twentyfourth part of a penny-weight.

corn, signifies wheat, rye, barley, or other corn sown in the ground. In Pennsylvania a tenant for a certain term is entitled to the way-going crop. 5 Binn. 289, 258; 2 Binn. 487;

BARGAIN, AND

without reward or consideration. When a bailee undertakes to perform some act or work gratis, he is answerable for his gross negligence, if any loss should be sustained in conseque

The name of an act of the legislature of Pennsylvania passed at Chester immediately after the arrival of William Penn, December 7th, 1682. Serg. Land Laws of Penn. 24, 230. ties, i

absolute, entire, not depending onanother. Vide Common.

The total weight of goods or merchandise, with the chests, bags, and the like, from which are to be deducted tare and tret.

; mar. law, is the consideration paid for standing a ship ina port. Jacobs, Dict. h.t. Vide Demurrage.

contracts. He to whom a guaranty is made., The guarantee is entitled to receive payment in the first place from the debtor, and, secondly, from the guarantor. He must be careful no

contracts. He who makes a guaranty. The guarantor is bound to fulfil the engagement he has entered into, provided ‘debtor is, and, any payment made by the latter, or release of him

persona, is the power or protective authority ‘given by law, and imposed on an individual who is free and in the enjoyment of his rights, but which his weakness on account of his a

The name given to officers whose duties are very similar to those of overseers of the poor, (q. v.), that is, generally to relieve the distresses of such poor persons who are unabl

a fraternity or company. Guildhall, the place of meeting of guilds.

crim. law, is that aualiey in a person which renders him criminal, and to which the law annexes a punishment; or it is that disposition to violate the law, which has manifested its

in English practice, is a writ issued out the C. P. commanding the sheriff to compel the appearance of a jury in the cause between the parties.. It answers the same purpose in that

remedies. A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of a court of which he is a judge, issued in the name of

practice, the name of a writ which lies when a view is to be taken of lands and tenements. F. N. B. Index, verbo, View.

estates. A dwelling-house, a home-stall. 2 Bl. Com. 4; 4 Bl. Com. 220. Vide House.

one who is so frequently drunk as to manifest a design of repeating the same act. By the laws of Pennsylvania a habitual drunkard is put nearly upon the same footing with a lunatic

so frequently as to show a design of repeating the same act.

parentage, kindred. When persons are descended from only one parent in common, they are of the half-blood, or related only by half inthe same degree that children descended from th

money, a copper coin of the United States, of the value of one two-hundredth part of a dollar, or five mills. It weighs eighty-four grains. Act of January 18, 1837, s. 12, 4 Sharsw

pleading. Vide Defence, Et cetera.

money,a silver coin of the United States of the value of fifty cents. It weighs two hundred and six and one-fourth grains. Of one thousand parts, nine hundred are of pure silver an

money, a gold coin of the United States, of the value of five dollars. It weighs one hundred and twenty-nine grains. Of one thousand parts, nine hundred are of pure gold, and one h

is a seal used in the English chancery for the sealing of commissions to delegates appointed upon any appeal, either in ecclesiastical or marine causes.

A public building used public luse$ as the city hall, the town hail. Formerly this word denoted the chief mansion or habita. tion.

Scotch law. The crime of hamesucken consists in “the felonious seeking and invasion of a person in his dwelling. house.” 1 Hume, 312; Burnett, 86; Alison’s Princ. of the Cr. Law of

The femate issue of a cow, which issue has not had a calf. A beast of this kind two years and a half old was held to be improperly described in an indictment as a cow. 2 East, P.C.

(CONVENTIONAL,) civil law. <A conventional heir is one who takes a succession by virtue of a contract; for example a marriage contract which entitles the heir to the succession.

(IRREGULAR) tn Louistana. Irregular heirs are those who are neither testamentary nor legal, and who have been established by law to take the succession. See Civ. Code of Lo. art. 8

or heir at common law, in the English law. The heir at common law is he who after his father or ancestor’s death has a right to, and is introduced into all his lands, tenements and

A subject-matter of inheritance, but presumptive heir is one who in the not the inheritance itself;. it cannot, present circumstances would be en- therefore, by its own intrinsic f

FORCED. Vide Forced hetrs.

(2) Inviergoigne—p. 4—to the Repronch—translated in condemnation. Fissend les viencs—13—make their views—make their Vianes. ! La Neece, le Ante le Heirc, lc Roy—W—the Niece being t

measures. In England a hide of land, according to some ancient manuscripts, contained one hundred and twenty acres.

An officer appointed in some cities who bears this name. His powers are generally limited to matters of police, and are not more extensive in these respects than those of constable

contracts, he who, at an auction, offers the The highest bidder is entitled to have the article sold at his bid, provided there has been no unfairness on his part. A distinction ha

This term, which is frequently used in the laws of the United States, signifies the unenclosed waters of the ocean on the sea coast which are without the boundaries of low water ma

is that part of the shore of the sea to which the waves reach on ordinary occasions, when the tide is at its highest, 6 Mass. R. 435. Vide Sea shore.

Vide Road, Street, Way, and 4 Vin. Ab. 502; 3 Bac. Ab. 492; Com. Dig. Chemin; Dane’s Ab. Index, h. t.; Egremont on Highways; Wellbeloved on Highways; Woolrych on Ways.

a robber on the highway. a

Eng. law. A person who carries from door to door, and sells by retail, small articles of provisions, and the like.

contracts, is a bailment, where a compensation is to be given for the use of a thing or for labour or services about it. 2 Kent’s Com. 456; 1 Bell’s Com. 451; Story on Bailm. § 369

contracts. Called in the civil law, conductor, and in the French law, conducteur, procureur, locataire, is he who takes a thing from another, to use it, and pays a compensation the

a title commonwealth. Const. part 2, ¢. 2,8. 1, art. 1.

A title given by the constitution of Massachusetts to the lieutenant governor of that commonwealth. Const. part, 2,c. 2, s. 2, art. 1. -

evidence. The recital of facts written and given out for true. Facts stated in ancient histories may be read in evidence, on the ground of their notoriety. Skin. R. 14; 1 Ventr. R.

A measure of wine, oil, and the like, containing half a pipe, the fourth part of a tun, or sixty-three gallons.

The entry of a stranger - after the death of the ancestor, and before the heir or devisee takes possession, by which the rightful possession of the heir or devisee is defeated. 3 B

The holder of a bill of exchange is the person who is legally in the possession of it, either by endorseiment or delivery, or both, and entitled to receive payment either from the

the act of keeping possession by the tenant, without the consent of the landlord, of premises which the latter, or those under whom he claims, had leased to the former, after the t

Vide Olograph.