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

The right of deliberating which in some countries where the heir may have benefit of inventory, (q. v.) is given to him to consider whether he will accept or renounce the successio

property, title. When a man has the possession as well as the property of any thing, he 1s said to have a double right, jus duplicatum. Bract. 1. 4, tr. 4,c. 4; 3 Bl. Com. 189.

the law of nations, (q. Vv.)

Scotch law, is the right of the husband to administer, during the marriage, his wife’s tztle. The right to claim property after re-capture. Vide Potliminy; Marsh. Ins. 573; 1 Kent,

civil law. The name of a servitude; it is the right which the owner of a building has of projecting a part of his building towards the adjoining house, without resting on the latte

the right of demanding money for the bottom of ships resting in a port or harbour. The money so paid, is also called keelage.

This word is applied, in England, to vessels employed in the carriage of coals. Jacob.

estates. A wharf at which to land or load goods from or in a vessel. This word is now generally spelled Quay, from the French, ‘quai.;

An instrument made for opening a lock. The keys of a house. are considered as real estate, and descend to the heir with the inheritance. When the keys of a warehouse are delivered

a toll paid for loading

relations by blood. Nature has divided kindred of every one into three principal classes. 1. His children and their descendants; 2, his father, mother and other ascendants; 3, his

The chief magistrate a kingdom, vested usually with the executive power.

The name of the supreme court of Jaw in England. It is so called because forstill coram ipso rege, before the king himself. During the reign of a queen, it is called the Queen’s Be

Entessaunt—ibid. 242. a.

merc. law. This term is used by merchants and seafaring men to signify a ship’s ballast. Merc. Dict.

An ancient record remaining with the remembrancer of the English Exchequer, called from being the inquest of John De Kirby, treasurer to Edw. I.

A false, dishonest, or deceitful person. ‘This signification of the word has arisen by a long perversion of its original meaning. '

pleadings. The word “ knowingly,” or “ well knowing,” will supply the place of a positive averment in an indictment or declaration, that the defendant knew the facts subsequently s

He who actually possesses the land. He is technically called the terre-tenant. (q- v.)

See Le- but a mere trespass; if that same apgacy, Lapsed. / ple, however, had beenseparated from

crim. law. The the tree by the owner or otherwise, wrongful and fraudulent taking and even by accident, as if shaken by the carrying away, by one person, of the wind, and while lay

Regular process is that which has been lawfully issued by a court or magistrate, having competent jurisdiction. Irregular process is that which has been illegally issued. When the

is that of which a persondied. The expenses of this sickness are generally entitled to a preference, in payment of debts of an insolvent estate. Civ. Code of Lo. art. 3166; Purd. A

construction. That which 1s concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time making his will and at hi

he lies hid. In the English law this is the name of a writ calling a defendant to answer to a personal action in the king’s bench; it derives its name from a supposition that the d

in its most general and comprehensive sense, signifies a rule of action, and this term is applied indiscriminately to all kinds of actions, whether animate or inanimate, rational o

COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the leg

INTERNATIONAL. The law of nature applied to the affairs of nations, commonly called the law of nations; jus gentium, is also called by some modern authors international law. Toulli

MARTIAL. Martial law is a code established for the government of the army and navy of the United States. Its principal rules are to be found in the articles of war, (q- v.) The obj

MUNICIPAL. Municial law is defined by Mr. Justice lackstone to be “a rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what

RHODIAN, tn maritime Law, is a code of laws adopted by the people of Rhodes, who had, by their commerce and naval victories, obtained the sovereignty of the sea, about nine hundred

RETROSPECTIVE. A retrospective law is one that is to take effect, in point of time, before it was passed. Whenever a law of this kind impairs the obligation of contracts it is void

STATUTE, or legis scripte. A statute is either general or special, public or private. A general or public act is an universal rule, that regards the whole community. Special or pri

WRITTEN, lex scripta, consists of the constitution of the United States; the constitutions of the several states; the acts of the legislative assemblies, as the acts of congress an

are those which treat of law. They may be divided into three classes; 1. Acts of the legislature; 2. Reports of the decisions of the courts; and 3. Treatises, abridgments and all o

is a system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law

is the science which teaches the rights subsisting between nations or states, Prelim. § 3. It is a system of rules deducible by natural reason from the immutable principles of natu

The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the tnternal dictate of reason alone. It is ne

A counsellor, one 352, and April 20, 1818, 3 Story’s learned in the law. Vide Attorney. L. U. S. 1694; 1 Wait’s State LAZARET or LAZARETTO. Papers, 195. Vide Cannon Shot. A place s

Vide Bissertile.

a species of conveyance, invented by Sergeant Moore, soon after the enactment of the statute of uses. It is thus contrived; a lease, or rather bargain and sale, upon some pecuniary

commerce, accounts, evidence, is a book in which are inscribed the names of all persons dealing with the person who keeps it, and in which there is a separate account, composed gen

is one where the testator gives one of two things to the legatee, without designating which of them; as, one of my two horses. Vide Electzon.

DEMONSTRA-

INDEFINITE, is a bequest of things which are not enumerated or ascertained as to numbers or quantities; as, a bequest by a testator of all his goods, all his stocks in the funds. L

CONDITIONAL, is a bequest which is to take effect upon the happening or not happening of acertain event. Lownd. Leg. 166; Rop. Leg. Index, tit. Condition.

ACCUMULATIVE, An accumulative legacy is a second bequest given by the same testator to the same legatee, whether it be of the sare kind of thing, as money; or whether it be of diff

RESIDUARY, is that which is of remainder of an estate after the payment of all the debts and other legacies. 1 Madd. Ch. P. 224.

LAPSED. A legzcy is said to be lapsed or extinguished, when the legatee dies before the testator, or before the condition upon which the legacy is given has been performed, or befo

MODAL. A modal lecacy is a bequest accompanied with directions as to the mode in legacy to Titius to put him an apprentice. 2 Vern. 431; Lownd. Leg. 151.

that which is according to law. It is used in opposition to equitable, as the Jegal estate is in the trustee, the equitable estate, in the cestui que trust. Vide Powell on Mortg. I

A lawful Qne who stands rectus in x.ot outlawed nor infamous. sense are the words probi et homines.

One to whom thing is bequeathed: a legatee. word is sometimes though selused to designate a legate or

canor law, legates are extraordinary ambassadors whom the pope sends into Catholic countries to represent him, and to exercise his jurisdiction there. It is under this ‘singular na

After a bill has been filed peer or peeress or lord ment, a petition is presented Lord Chancellor for his a letter missive, which defendant to appear and the bill. A neglect to att

contracts, is an open or sealed letter:from one merchant in one place directed to another in another: place or country, requiring him, that if a person therein named, or the bearer

contracts. _An instrument =m made by creditors to their debtor, by which they selves to allow him longer he had a right to, for the of his debts; and that they arrest or molest him

Engl. law. Close letters are grants of the king, and being of private concern, they are thus distinguished from letters tent.

crim. law, is the assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the sc

The law. A law for the government of mankind in society. Among the ancient Romans this word was frequently used as synonymous with right, gus. When put absolutely Jex meant the Law

civil law. The name of a law which permitted a testator to dispose of three-fourths cf his property, but he could not derive his heir of the other fourth. t was made during the rei

practice. The law of the court or forum. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively by the laws of t

contracts. ‘The law of the place where an agreement is made. Generally, the validity of a contract is to be decided by the law of the place where the contract is made; if valid the

Vide Law Merchant.

The law of for an eye, a tooth for a tooth, &c. Jurists and writers on international law are divided as to the right of one nation punishing with death, by way of retaliation, the

The law of the land. The phrase is used to distinguish this from the civil or Roman law.

This word is old French, a corruption of lot, and signifies law; for example, Terms de la Ley, Terms of the Law.

Wager of law, (q. v-)

practice. In the admiralty courts and some other courts, a libel is a statement or charge drawn up in writing on behalf of the plaintiff It must consist of a narration and a conclu

English practice, is a writ which issues on lands, tenements and chattels, being returned under an extent on a statute staple, commanding the sheriff to deliver them to the plainti

A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan in 1170. It was called the Liber Feudorum, and was divided int

LIBERTINI. These two words were at different times made to express, among the Romans, the condition of those who, having been slaves, had been made free. 1 Brown’s Civ. Law, 99.

(POLITICAL.) Po- be his soil and freehold, or the soil litical liberty may be defined to be and freehold of a third person, by the security with which, from the whose command he en

(PERSONAL.) Per- license are to suspend or relax the sonal liberty consists in the power of rules of war to the extent of the aulocomotion, of changing situation, or thority given.

estates, conveyancing, practice. When an action is brought for the purpose of levying a fine, the defendant knowing himself to be in the wrong, is supposed to make overtures of acc

Engl. law. This word is used in connexion with others, as liege-lord, who is one who acknowledges no superior; liege-man, is one who owes allegiance to a liege-lord.

Engl. law. A state of health, in contradistinction to death-bed. A person possessed of lawful power of disposing, is said to be liege poustie.

contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge

place. In lieu of, instead, in the place of.

Vide Estate 1 it forth to the public; it is the imfor life, and 3 Saund. 33%, h, note; mediate foundation and substratum 2 Kent, Com. 285; 4 Kent, Com. of the contract that it is s

in Scotland, is a ee policy and public convenience reright to use and enjoy a thing dur- quires it should be so. 5 East, 428; ing life, the substance of it being Abbott on Sh. 225;

estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon whic

measures. A line is a lineal measure containing the onetwelfth part of an inch.

That which comes a line. Lineal consanguinity is one of whom is descended ina direct} When a defendant is arrested line from the other. Lineal descent,' pending a former suit or ac

civil rower, withopt paying for it. 2 law. The contesting of the suit, or. Kent’s Com. 446, 447. Sir William pleading the general issue. Vide + ' Jones defines it to be a bailment

Engl. law. 1. The by the borrower, without paying for delivery of possession of lands to it. Jones’s Bailm. 118. According those tenants who hold of the king to the Louisiana Code,

estates. Civil, art. 1875, defines it in nearly A delivery of possession of lands, the same words. Lord Holt has tenements and hereditaments, unto defined this bailment to be, when

a term used in the civil nify the hiring of labour ces. This is divided branches, first, Locatio ciendi; and, secondly, cium vehendarum. See LOCATIO OPERIS DI, contracts, a term ci

term used in the civil signifies the hiring of a Bailment; Hire; Hirer

place of a parent. The a master in /oco pareniis to his apprentice.

holds the place of another, as A B, locum tenens of of the city of Philadelphia.

Engl. law, is an obsolete writ which lies when a woman gives land to a man in fee simple, or for a less estate, to the intent that he should marry her and he refuses upon request.

pleadings. This is a technical word necessary to be introduced into all indictments for mayhem; the words “ feloniously did maim,” must of necessity be inserted because no other wo

crim. law, the thing stolen found in the hands of the thief who has stolen it; hence when a man is found with property which he has stolen, he is said to be taken with the mainour,

Capable of being bailed; one for whom bail may be taken; bailable.

Engl. law, is the taking a man into friendly custody, who might otherwise be committed signed. Wood’s Inst. B. 4, c. 4; vide Mainpernors; Writ of Muainprise; and15 Vin. Ab. 146; 3

pleadings. This i8 a technical word, indispensable in an indictment for maintenance, which no other word or circumlocution will supply. 1 Wils. 325.

crim. law. Those who maintain or support a cause depending between others, not being retained as counsel or attorney. For this they may be fined and imprisoned. 2 Swift’s Dig. 328;

crimes, is a malicious, or at least, officious interference in a suit in which the offender has no interest, to assist one of the parties to it against the other, with money or adv

quast contracts, is the support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his children