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

the absence of ilt. ‘The law always presumes in ee of innocence, even against another presumption of law: for example, when a woman marries a second husband within the space twelve

Scotch law. The exchange of one obligation for another, so that the second shall come in the place of the first. Bell’s Scotch Law Dict. h. t. The same as Novation, (q. v.)

pleading, is an averment which explains the defendant’s meaning by reference to antecedent matter. Salk. 513; 1 Ld. Raym. 256; 12 Mod. 139; 1 Saund. 243. ‘The innuendo is mostly us

pleading. A plea to errors assigned on proceedings in error, by which the defendant in error affirms there is no error in the record. As to the effect of such plea, see 1 Vent. gen

tn civil law. Those dispositions, which fathers, mothers, and other ascendants make of their property to the prejudice of their descendants, beyond the proportion reserved to them

remedies. A remedy tn personam, is one where the proceedings are against the person, in contradistinction of those which are against specific things, or in rem. (q- V.

WRIT OF. Vide Writ of Inquiry.

practice, is an examination of certain facts by a jury impanelled by the sheriff for the purpose; the instrument of writing on which their decision is made is also called an inquis

remedies. This technical term is used to designate proceedings or actions instituted agatnst the thing, in contradistinction to personal actions which are said to be in personam. C

med. jur. is a con. tinued impetuosity of thought, which totally unfits a man for judging and acting with the composure requisite for the maintenance of the social relations of lif

evidence, something written or engraved. Inscriptions upon tombstones and other proper places, as rings, and the like, are held to be evidence of pedigree, Bull. N. P. 233; Cowp. 5

The name given by the old English law to any written instrument by which any thing was granted. Blount.

practice, actions, they accounted together. When an account has been stated, and a balance ascertained between the parties, they are said to have computed together, and the amount

civil law, consisted in the transcription of an act on the public registers, like our recording of deeds. It was not necessary in any other alienation, but that appropriated to the

a term used in the civil law, to Signy that a contract is joint. Obligations are ix soltdo, first, between several creditors; secondly, between several debtors.—1. When a person co

practice. Examination. The inspection of all public records is free to all persons who have an interest in them, upon payment of the usual fees. 7 Mod. 129; 1 Str. 304; 2 Str. 260,

The name given to certain officers, whose duties are to examine and inspect into things over which they have jurisdiction; as, inspector of bark, one who is by law authorised to ex

we have seen. A word sometimes used in letters patent, reciting a grant, insperimus such former grant, and so reciting it verbatim, it then grants such further privileges as are th

law, is a writ directed to the sheriff, commanding him that, in the presence of twelve men and as many women, he cause examination to be made, whether a woman therein named is with

French law. It signifies generally all sorts of actions and judicial demands. ralty is divided into two distinct tribunals; the one having generally all the jurisdiction of the adm

An indivisible space of time. Although it cannot be actually divided, yet by intendment of law, it may, and be applied to several purposes; for example, he who lays violent hands u

immediately, presently. This term, it is. said, means that the act to which it applies, shall be done within twentyfour hours; but a doubt has been suggested by whom is the account

civil law. A person to whom the immediate management of any manufactory, ship, or undertaking was committed. A mercantile consignee or factor, is in this sense an institor.

in the Scotch law, is the person first called in the tailzie; the rest or the heirs of tailzie are called substitutes. Ersk. Pr. L. Scot. 3, 6, 8. See Heir of taitlzie; Substitutes

The principles or first elements of jurisprudence. Many books have borne the title of Institutes. Among the most celebrated in the common law, are the Institutes of Lord Coke, whic

eccles. law; 8 the act by which the ordinary com mits the cure of souls toa pers presented toa benefice.

political _ lar, what has been established and settled by law for the public good; 45 the American institutions guaranty ' the citizens all the privileges es" tial to freedom.

practice, a is the commencement of an action; 2% B has instituted a suit against ¥ © to recover damages for 4 tree TR INSTITUTION OF civil law, is the act by which a tee 8 tator no

comm. lau, contracts. Orders given by a principal to his agent, in relation to the business of his agency. ‘The agent is bound to obey the instructions he has received, and when he

contracts. The person who procures an insurance on his property. It is the duty of the insured to pay the premium, and to ee represent fully and fairly all the circumstances relati

contracts. One who has obliged himself to insure the safety of another’s property, in consideration of a premium paid or secured to be paid to him. It is his duty to pay any loss w

rebellion of citizens or subjects of a country against its government. The constitution of the United States, art. 1, s. 8, gives power to congress “to provide for calling forth th

ED. This phrase is frequently used in conveyancing in deeds which recite other deeds which have not been recorded. In Pennsylvania it has been construed to be a covenant on the par

The true meaning, the correct understanding, or intention of the law; @ presumption or inference made by the courts. Co. Litt. 78. It is an intendment of law that every man is inno

estates, an interest inthe term. A bare lease of land does not vest any estate in the lessee, but gives him a mere right of entry in the tenement, which right is called his interes

estates, is the right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understandi

MARITIME. By maritime interest is understood the profit of money lent on bottomry or respondentia, which is allowed to be greater than simple interest because the capital of the le

evidence, is the benefit which a person has in the matter about to be decided and which is in issue between the parties. By the term benefit is here understood some pecuniary or ot

in contracts, evidence, is writing between two lines. Interlineations are made either before or after the execution of an instrument. ‘Those made before should be noted previous to

This word is applied to signify something which is done between the commencement and the end of a suit or action which decides some point or matter, which however is not a final de

Persons who interrupt the trade of a company of merchants, by pursuing the same business with them in the same place, without lawful authority.

One employed to make a translation, (q. v.). An interpreter should be sworn before he translates the testimony of a witness. 4 Mass. 81; 5 Mass. 219; 2 Caines’s Rep. 155.

polit. law. In an established government, the period which elapses between the death of a sovereign and the election of another is called interregnum. It is also understood for the

to the terror of the people. An indictment for a riot is bad unless it conclude in terrorem populi. 4 Carr. & Payne, 373.

is the effect of some act or circumstance which of the use of a thing is natural or civil. Natural interruption is an interruption in fact, which takes place whenever by some act w

civil law, is the act by which a third party becomes a party ina suit pending between other persons.

civil law, is the name of any judicial act by which a notice of a legal proceeding is given to some one; but it is more usually understood to mean the notice or summons which an ap

in chancery practice. <A bill to carry a decree into execution is one which is filed when, from the neglect of parties, or some other cause, it may become impossible to carry a dec

Scotch law, is the assuming possession of property belonging to another, either on legal grounds, or without any authority; in the latter case, it is called

estates, torts.— When the ancestor dies seised of any estate of inheritance, expectant upon an estate for life, and then the tenant dies, and between his death and the entry of the

The entry of a country by a public enemy, making war. The constitution of the United States, art. 1, s. 8, gives power to congress “to provide for calling the militia to execute th

A contrivance; a discovery. It is in this sense this word is used in the patent laws of the United States. ft signifies not some thing which has been found ready made, but which in

in his mother’s womb.—1l. In law a child is for all beneficial purposes considered to be born while in ventre sa mere. 5 T. R. 49; Co. Litt. 36; 1 P. Wms. 329; Civ. Code of Lo. art

contracts. The memorandum I O U, (I owe you,) given by merchants to each other is a mere evidence of the debt, and does not amount to a promissory note. Esp. Cas. N. P. 426; 4 Carr

A piece of land sur-/ter of fact. This issue is to be tried rounded by water. Islands are in! by a jury. Issues in fact are genethe sea or in rivers. Those in) ral or special. tho

INFORMAL, pleading. An informal issue is where a material allegation is traversed in an improper or inartificial manner; and this and the other preceding mistakes are aided by verd

kindred. This term is’ of very extensive import, in its most enlarged signification, and includes all persons who have descended from acomrmon ancestor. 17 Ves. 481; 19 Ves. 547; 3

Eng. law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been J.:

also, likewise, in like manner, again, a second. time. These are the various meanings of latin adverb. V. Construction. In law it is to be construed conjunctively, in the sense of

Figuratively it signifies the records of a court or office. In Pennsylvania the master of the rolls was aa officer in whose office were recorded the acts of the legislature. 1 Smit

peril, danger. This is the meaning attached to this ‘issued, taken by virtue of such writ, ‘are called issues. 3 Bl. Com. 280; Chit. Cr. Law, 351.

Garnishant—33—warning—defending. Moirent de disette—3i—die for Want—die in the Deserts. If the word defends made use of in a defendant’s plea had been considered as derived from th

commerce. One who buys and sells articles for others. Stock-jobbers are those who buy and se]l stocks for others; this term is also applied to those who speculate in stocks on thei

jewels; this term was formerly more properly applied to those ornaments which women, although married, call their own. When these jocalia are not suitable to her degree, they are a

When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Co. Litt. 71, b.

practice. The putting two or more causes of action in the same declaration. It isa general rule, that in real actions, there never can be but one count. 8 Co. 86,87; Bac. Ab. Actio

pleading, is the act by which the parties to a cause, arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when on

estates, are two or more persons to whom are granted lands or tenements to hold in fee simple, fee tail, for life, for years, or at will, 2 Black. Com. 179. The estate which thcy t

mar. law, is the book kept on board of a ship or other vessel, and which contains an account of the ship’s course, with a short history of every occurrence during the voyage. Anoth

comm. law, is a book used among merchants in which the contents of the waste book are separated every month, and entered on the -debtor and creditor side, for more convenient posti

legislation, is an account of the proceedings of a -legislative body. The Constitution of the United States, art. 1, s. 5, directs that “each house shall keep a journal of its proc

Eng. practice. When a writ abated without any fault of the plaintiff, he was permitted to sue out a new writ, within as little time as he possibly could after abatement of the firs

A public officer lawfully appointed to decide ee questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions, an

is an officer who is a member of a court martial. His duties are to prosecute in the name of the United States, but he shall so far consider himself as counsel for the prisoner, af

ARREST tht when plaintiff, on the ground that there is some error appearing on the face of the record, which vitiates the proceedings. In consequence of such error, on whatever par

IN ASSUMP-

IN ACTIONS

IN DEBT, when for the plaintiff, is that he recover his debt, and, in general, nominal damages for the detention thereof; and in cases under the 8 and 9 Wm.

FINAL, practice. A final judgment is one which puts an end to the suit. When the issue is one in fact, and is tried by a jury, the jury at the time that they try the issue, assess

INTERLOCU-

of the defendant, and is either by nil dicit, vide Judgment by nil dicit, or by non sum tnformatus, vide Judgment by non sum informatus. This judgment is interlocutory in assumpsit

practice, is one rendered against a defendant for want of a plea. The plaintiff obtains a rule on the defendant to plead within a time specified, of which he serves a notice on the

when for the plaintiff, 1s that he recover an ascertained sum for his damages, which he has sustained by reason of the breach or breaches of his covenant, together with costs of su

practice, is a judgment rendered by a court of error, on a record sent up from an inferior court. These judgments are of two kinds, of affirmance and reversal.—l. When the judgment

Eng. prac- The capias and all other subwrits to the original writ, issuing out of chancery, but from court into which the original returnable, and being grounded what had passed in

the whole body of and courts. Vide Courts, and Story, Const. B. 3, c. 38.

practice, is a writ issued ina case of misdemeanor, after the defendant has appeared and is found guilty, and is not present when called. This writ is to bring him to judgment. 4 B

The judgof God. The English law formerly impiously called the judgon trials by ordeal, by battle, the like, the judgments of God.

younger. This has held to be no part of a man’s but an addition by use, and a convenient distinction between a and son of the same name. Mass. R. 203.

med. This plant is commonly callsavine. It is used for lawful purin medicine, but too frequently the criminal intent of producing abortion, generally endangering the of the woman.

a term in the civil law. The oath called juramentum judiciale is that which the judge, of his own accord, Pics defers to either of the parties. It is of two kinds, Ist, That which

officers, in some English corporations, jurats are officers who have much the same power as aldermen in others. Stat. 1 Ed. 4; stat. 2 & 3 Ed. 6, c. 30; 13 Ed. 1, c. 26.

dies juridici. Days in court on which the law is administered.

is one well versed in jurisprudence; a jurist.

practice, is a power constitutionally conferred upon a judge or magistrate to take cogniinto execution. The tract of land or district within which a judge or magistrate has jurisdi

is the science of the law. By science here is understood that connection of truths founded on principles either evident of themselves, or capable: of demonstration; a collection of

practice, from juro, to swear; a man who is sworn or affirmed to serve ona jury. Jurors are selected from citizens, and may be compelled to serve by fine; they generally receive a

Law or right. This term is applied in many modern phrases.

estates, the right of survivorship between joint tenants, (q. v-)

property, title. This phrase is applied to designate the right a man has in relation to a thing; it is not the right in the thing is a mere imperfect or inchoate right. 2 BI. Com.