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

Engl. law, is an acknowledgment made by the vassal in the presence of his lord, that he is his man, that is, his subject or vassal. The form in law French was, Jeo deveigne vostre

A person delivered in the possession of a public enemy in time of war as a security for the performance of a contract entered into between the belligerents. Hostages are frequently

Engl. law. A right reserved to the lords to be

A state of open enmity, open war. Hostility, as it regards individuals, may be permanent or temporary; it is permanent when the individual is a citizen or subject of the government

estates. This homely term is used figuratively to signify the blending and mixing property belonging to different persons, in order to divide it equally among those entitled to it.

measure of time, is the space of sixty minutes, or the twenty-fourth part of a natural day. Vide Date, Fraction, and Co. Litt. 135.

estates, a place for the habitation and dwelling of man. This word has several significations, as it is applied to ditferent thingx In a grant or demise of a house, the curtilage a

An allowance of necessary timber out of the land. lord’s woods, for the repairing and support of a house or tenement. This belongs of common right to any lessee for years or for li

one who oc. cupies a house. A person who occupies every room in the house, under a lease, except one, which is reserved for his landlord, who pays all the taxes, is not a housekeep

puntshment. The name given to a rison for juvenile delinquents. hese houses are regulated in the United States on the most humane principles, by special local laws. HOUSE OF REPRES

Eng. law. A mode of pursuing felons, or such as have dangerously wounded any person, or assaulted any one with intent to rob him, by the constable, for the purpose of arresting the

an usher of a court. In France, an officer of this name performs many of the duties which in this country devolve on the sheriff or constable.

Eng. law. A district of country originally comprehending one hundred families. In many cases when an offence is committed within the hundred, the inhabitants are civilly responsibl

in England, are inhabitants of a local division of a county, who, by several statutes, are held to be liable in the cases therein specified to make good the loss sustained by perso

The necessity for taking food. Hunger is no excuse for larceny. 1 Hale, P. C. 54; 4 Bl. Com. 31. It is a matter which applies itself strongly to the consciences of the judges in mi

Eng. law, A_ species of

mer. law. Vide Ship’s husband.

old Engl. law. The ancient name of the offence now called burglary.

Engl. law. The mayor and aldermen of London; it is the principal and supreme court of the city.

measure of density (for fluids), is an instrument, which being immersed in fluids, as, in water, brine, beer, brandy, &c. determines the proportion of their densities, or their spe

civil law. This term is used principally in the civil law; it is defined to be a right which a creditor has over a thing belonging to another, and which consists in the power to ca

of the same sound. In pleadings when a name which it is material to state, is 5, 37, 20.—5th. There is hypothecation of the goods of a testator for the security of a legacy he has

Engl. law. The name of a which lies for a person taken capias or exigent and committed prison, for another man of the name; this writ directs the to inquire whether he be the perso

evidence, sameness. It is frequently to idenriaasag tify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that t

NONES AND

persons, is a person who has been without understanding from his nativity, and whom the law therefore presumes never likely to attain any. Shelf. on Lun, 2. It is an imbecility or

is the refusal or neglect to perform some honest labour, in order to gaina livelihood. The vagrant act 17 G. 2, c. 5, which, with some modification has been adopted in perhaps most

Eng. law. The name of the old judicial trial by fire.

A debt or duty that cannot or ought not to be levied; as nihil set upon a debt is a mark for tlleriable.

Thisisa technical expression which means not only bad character as generally under. life, who visits bawdy houses, gaming houses, and other places which are of ill fame, is a perso

this term is apoe to one unacquainted with letters hen an ignorant man unable to read, signs a deed or agreement, or makes his mark instead of a signature, and he alleges, and can

That which commences beyond the time of ‘memory. Vide Memory, time of.

That which is contra bonos moros. Immoral contracts are generally void; an agreement in consideration of future illicit cohabitation between the parties, '3 Burr. 1568; S. C. 1 Bl.

const. law, punishments. Under the constitution and laws of the United States, an impeachment may be described to be a written accusation by the house of representatives of the Uni

evidence, is an allegation, supported by proof, that a witness who has been examined, is unworthy of credit. Every witness is liable to be impeached as ‘to his character for truth;

signifies a restraint from committing waste upon lands or tenements; or a demand of compensation for waste done by. a tenant who has but particular estate in the land granted, and

contracts, \egal objections to the making of a contract: impediments which relate to the person are those of minority, want of reason, coverture and the like: they are sometimes ca

in practice, pleading. What does not appertain or belong, id est, qui ad rem non pertinet. Eyidence of facts which do not belong to the matter in question, 1s impertinent and inadm

are such things as are used or employed for a trade, or furniture of a house.

mar. law. In order to avoid the risk of making fruitless voyages, merchants have been in the habit of receiving small adventures on freight at so much per cent., to which they are

Tiresome solicitation. In cases of wills and devises, they are sometimes set aside in consequence of the importunity of those who have procured them. Whenever the importunity is su

The character of that which cannot be done agreeably to the accustomed order of nature. As to impossible conditions in contracts, see Bac. Ab. Conditions, M; Co. Litt. 206; Roll. A

This word is sometimes used to signify taxes, or duties, or impositions; and, sometimes, in the more restrained sense of a duty on imported goods and merchandise. The Federalist, N

This term is of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to ‘every amelioration of every description of property, whether real

tn the civil law, one who is more than seven years old, or out of infancy, and who has not ate tained the age of an adult, (q. v.) and who is yet in his puberty; that is, if a boy,

This word is applied to those things, the property of which cannot be lawfully transferred from one person to another. Public highways and rivers are of this kind: there are also m

In another lace. Vide Cepit in alio loco.

this word was applied by the Romans to the ceremony of dedicating some temple, or raising some man to the priesthood, after the augurs had been consulted. It was afterwards applied

In ano ther’s right. An executor, administrator or trustee, is said to have the

is the want of a quality legally to do, give, transmit or receive something. It arises from nature, from the law, or from both. From nature when the party has not his senses, as, i

crim. law. One who maliciously and wilfully sets another person’s house on fire; one guilty of the crime of arson. This offender is punished by the statute laws of the different st

is the carnal sopulauon of two persons related to each other within the degrees prohibited by law. Vide Marriage. It is punished by fine and imprisonment, under the _laws of the re

a measure of length, containing one-twelfth part of a foot.

is a thing necessarily depending upon, appertaining to, or following another, called the principal. The power of punishing for contempt is incident to a court of record; rent is in

practice. This word, which means “ it is begun,” signifies the commencement of the entry on the roll on signing judgment, &c.

offices, rights; this term is used to show that two or more things ought not to be at the same time in the same person; for example, a man cannot at the same time be landlord and t

evidence, is the want of legal ability in a witness to be heard as such on the trial of a cause. The objections to the competency (q. v-) of a witness are fourfold. The first groun

that which has no body. Things incorporeal are those which are not the object of sense, which cannot be seen nor felt, but which we can easily conceive in the understanding, as rig

Eccl. law. A clerk resident on his benefice with cure; he is so called because he does or ought to bend the whole of his studies to his duties. In common parlance, it signifies one

whatever is alien upon anestate. In cases of sales of real estate, the vendor is required to disclose the incumbrances, and to deliver to the purchaser the instruments by which the

remedies, pleadings, is that species of action of assumpsit, in which the plaintiff alleges m his declaration, first a debt, and then a promise in consideration of the debt, that t

One sued or impleaded, who refuses to answer. -

contracts, is that which a debtor who, owes several debts to a creditor, makes without making an appropriation; (q- v.) in that case the creditor has a right to make such appropria

A state of perfect irresponsibility to any superior; the United States are free and independent of all earthly power. Vide Declaration of Independence.

Mutual or independent covenants are those entered into by the parties to an agreement towards each other, which each is bound to perform towards the other, notwithstanding the oppo

a body of the aboriginal Indian race of men found in the United States. Such a tribe, situated within the boundaries of a state, and exercising the powers of government and soverei

practice. When a man is accused by a bill of indict-

comput. of time. An indiction contained a space of fifteen years. It was used in dating at Rome and in England. It began at the dismission of the Nicene council, anno Domini 312; t

crim. law, practice, is a written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon oath or affirmation, by a grand jury legally convoke

What two or more persons hold in common without partition; undivided, (q. v.) ~ INDORSEE, contracts, is the person in whose favour an indorsement is made. He is entitled to all the

criminal law and practice. When a warrant for the arrest of a person charged with a crime has been issued by a justice of the peace of one county, which is to be executed in anothe

contracts, is_ the person who makes an indorsement. The indorser of a bill of exchange or other negotiable paper by. his indorsement undertakes to be responsible to the holder for

Scotch law. The days between the citation of the defendant, and the day of appearance. Bell’s Scotch L. Dict. h. t.; the days between the test and the return day of the writ.

A term used in the civil law, nearly synonymous with fortuttous event, (q- v-) In the common law commonly called the act of God, (q. v.)

The state or condition of a person under the age of twenty-one years. ' Vide Infant.

persons, is one under the age of twenty-one years. Co. Litt. 171. But he is reputed to be twenty-one yéars old, or of full age, the first instant of the last day of the twenty-firs

med. jurisp. The murder of a new born infant. There is a difference between this offence and those known by the names of prolicide, (q. v.) and fatscide, (q. v-) To commit infantic

By this term are understood all courts except the supreme courts. -

persons, evidence. One who does not believe in the existence of a God, who will reward or punish in this world or that which is to come. Willes's R. 550. This term has been very in

Authority, credit, ascendance. Influence is proper or improper. Proper influence is that which one person gains over another by acts of kindness and attention, and by correct condu

is an accusation or complaint made in writing to a court of competent jurisdiction, charging some person with a specific violation of some public law. It differs in nothing from an

practice, is one which is rendered, when instead of entering a plea, the defendant’s at-® torney says he is not informed of any answer to be given to the action. Steph. Pl. 130.

pleading, practice, i. e., I am not informed; a formal answer made in court, or put upon record by an attorney, when he has no more to say in defence of his client.

A _ person who informs or prefers an accusation against another, whom he suspects of the violation of some penal statute. When the informer is entitled to the penalty or part of th

This term is used in relation to prizes, to signify that they have been brought completely in the power of the captors that is within the towns, camps, ports or fleet of: the capto

med. jur. A pharmaceutical operation, which consists in pouring a hot or cold fluid upon a substance, whose medica] properties it is desired to extract. Infusion is also used‘for t

civ. law, were those freemen who were born free. They were a class of freemen, distinguished from those who, born slaves, had afterwards legally. obtained their freedom; the latter

EGRESS AND

one who has his domicil in a place is an inhabitant of that place; one who has an actual fixed residence in a place. A mere intention to remove to a place will not make a man an in

Scotch law, isa the party inhibited to contract any debt, or do any deed, by which any part of the lands may be aliened or carried off, in prejudice of the creditor inhibiting. Ers

“laced at the beginning. ‘The initials of a man’s name are the first letters of his name, as, of/G. W. for George Washington. When in a will the legatee is deascribed by the initia

in the Scotch law, is the reproaching or affronting our neighbour. Injuries are verbal or real. A verbal injury when directed against a private person consists in the uttering cont

To admit or restore to the benefit of law. _INLAGATION. The restitution of one outlawed to the protection of the law. Bract. lib. 2, c. 14.

in or at the beginning. This phrase is frequently used, as, the courts are anxious to check crimes tn ltmine.

is one who dwells in a part of another’s house, the latter dwelling, at the same time, in the said house. Kitch. 45, b; Com. Dig. Justices of the Peace, B. 8&5.

construction. Formerly in actions of slander it was a rule to take the expression used in mitiori sensu, in the mildest acceptation, and ingenuity was, upon these occasions, contin

Vide Mora, in.

A house where a traveller is furnished with every thing he has occasion for while on his way. 3 B. & A. 283; 4 Campb. 77; 2 Chit. Rep. 484; 3 Chit. Com. Law, 365, n. 6.

estates. Lands gained from the sea by draining. Cunn. L. Dict. h. t.; Law of Sewers, 31.