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

is the right and interest which a man has in lands and chattels. 6 Binn. 98; 17 Johns. 283; 14 East, 370; 11 East, 290, 518. It is divided into real property, (q- Vv.) and personal

French law. The term propres or biens propres is used to denote that property which has come to an individual from his relaing or descending, or from a collate) ral line, whether t

During the colonial government of Pennsylvania, William Penn was called the pro-! prictary. The domain which William Penn and his family had in the state, was, during the revolutio

civil law.— Among the Romans a man was said to be proscribed when a reward was offered for his head; but the term was more usually applied to those who were sentenced to some punis

crim. law, is the means adopted to bring a supposed offender to justice and punishment by due course of law. Prosecutions are carried on in the name of the government, and have for

practice, is a judgment entered against the plaintiff, where after appearance and before judgment he says, “he will not further prosecute his suit.”. Steph. Pl. 130; Lawes Civ. Pl.

merc. law. The name of a document generally given by notaries public, to sailors and other persons going abroad, in which is certified that the bearer therein

government, is that benefit or safety which the government affords to the citizens.

mar. law, is a writing, attested by a justice of the peace or a consul, drawn by the master of a vessel, stating the severity of a voyage by which a ship has suffered, and showing

legislation, is a declaration made by one or more members of a legislative body that they do not agree with some act or resolution of the body; it is usnal to add the reasons which

The title rule is that the seller impliedly wargiven to an officer who officiates as rants that they are wholesome. principal clerk of some courts. Vin. 3 Bl. Com. 166. Ab. h. t. P

civil law, inter- clause inserted in an act of the legnational law. A record or register. islature, a deed, a written agree- Among the Romans, protocollum ment, or other instrument

civil law, is he who not being the tutor ofa pupil or minor, has administered his property or affairs as if he had been, whether he thought himself legally invested with the author

The act of HS inciting another to do something. Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to e commit an assault and battery

civil law.— Among the Romans these were persons whose functions somewhat resembled the brokers of modern commercial nations. Dig. 50, 14, 3; Domat, I. 1, t. 17, § 1, art. 1.

a person appointed in the place of another to represent him. In the ecclesiastical law, a law concerns, is called a proxy, Ayl. Parerg. Proxies are also annual payments, made by th

itn the ciril lav, is the age in boys, after fourteen years until full age, and in girls, after twelve years until full age. Aryl. Pand. 63; Hall’s Pract. 14; Toull. Dr. Civ. Fr. t

By the term the pubdic,.1s meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place, as the New York public. Whe

in the civil law, commenced at the age of seven years, the end of the age of mfancy, and lasted till the age of puberty, (q. v-) that is in females till the accomplishment of twelv

commerce, contracts, is a person employed by the owner of property which is sold at auction to bid it up, and does so accordingly, for the purpose of raising the price chaser inval

since born; the younger; as, a putsne judge, iS an associate judge.

crim. law, is some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, by the judgment and command of some lawful court. Punishme

civil law. That age of a person’s life which included infancy and puerility, (q. v-)

a corruption of the French word par, by or for. It is frequently composition of words, as, purparty, purlieu, purview.

tenures; these old French words signify, for another's life. An estate is said to be pur autre vie, when a lease is made of lands or tenements to a man, to hold for the life of ano

in its most enlarged and technical sense signifies the lawful acquisition of real estate by any means whatever, except by descent. It is thus defined by Littleton, sec. 12, “ purch

pleading. This word means the substance of it as it appears on the face of it to the eye that reads it, it differs from tenor, v.) 2 Russ. on Cr. 365; 1 Chit. (9. r. Law, 235; 1 Ea

1s, according to Lord Coke, a close or enclosure, that is, when one encroaches or makes several to himself which ought to be in common to many. 2 Inst. 28; and sce Skene, verbo Pou

In Turkey the sum of five hundred dollars is called a purse. Merch. Dict. h. t.

canon law. The name by which the complainant or plaintiff is known in the ecclesiastiact of the legislature which begins with the words, “ Be it enacted,” &c.

Reputed to be that which is not. This word is frequently used, as putative father, (q. v.) putative marriage, putative wife, and the like. And Toullier, tome 7, n. 29, uses the wor

The reputed father. This term is most usually applied to the father of a bastard child. The putative father is bound to support his children, and entitled to the guardianship and c

These words are used in the definition of a robbery from the person; the offence must have been committed by putting in fear, the person robbed. 3 Inst. 68; 4 Bl. Com. 243. This is

One who, without sufficient knowledge, study or previous preparation, and without the diploma of some college or university, undertakes to practise medicine or surgery, under the p

pileading. Formerly this word was used instead of surrebutter. 1 Bro. Civ. Law, 469, n.

in pleading, practice. When they may happen. When a defendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando accid

pleading. That which is susceptible of measure. It is a general rule that, when the declaration alleges an injury to goods and chattels, or any contract relating to them, their qua

pleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to

pleat ing. As much as it was worth When goods are sold, without spe fying any price, the law implies 4 p™ mise from the buyer to the seller he will pay him for them as mu: “4 they

commerce, crim. law, is the space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infect

inheritances, rights, is the space of forty days during which a widow has a right to remain in her late husband’s princi- ] mansion, immediately after his death. The right of the w

EJECIT INFRA

measures. <A quart is a liquid measure containing onefourth part of a gallon.

money, a silver coin of the United States of the value of twenty-five cents. It weighs one hundred and three and one-eighth grains. Of one thousand parts, nine hundred are of pure

: money, a gold coin of the United States of the value of two dollars and a half. It weighs sixty-four and one-half grains. Of one thousand parts, nine hundred are of pure gold, an

A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months. QUARTERING OF SOL-

torts, a term used in the civil law, are those acts Which although not committed by the persons responsible for them, are by implication of law supposed to have been committed by t

There are several kinds of queens in some countries. 1. Queen regnant, is a woman who possesses in her own right the executive power of the country; 2, Queen consort, is the wife o

English practice. A writ commanding the sheriff, that he cause the plaint to be recorded which is in his county, without writ, between the parties, there named, of the cattle, good

practice. A word frequently used to denote that an inquiry ought to be made of a doubtful thing. 2 Lill. Ab. 406. QUARENS NON INVENIT

An action prefercomplainant, and his brief, complaint, or declaration, was called querela. Jacob’s Dict. h. t.

pleading. Which is the same. When the defendant in trespass justifies, and the matter of the plea is concluded, the trespass justified is the same as that complained of in the decl

punishment, crim. law, is a means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge th

evidence, is an in terrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. Questions are either general or leading. By a:general

raised ‘without necessity or propriety; a cavil. No justly eminent member of the bar will resort to a quibble in his argument. It is contrary to his oath, which is to be true to th

remedies. Because he fears. According to Lord Coke, “ there be six writs of law that may be maintained quta timet, before any molestation, distress or 1mpleading; as, 1. A man may

med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with child. 1 Beck's Med. Jurisp. 172; 1 Russ. on Cr.

or

some one; somebody. French law. This latin word is used dam is usually described by the features of his face,’ the colour of his hair, his height, his clothing, and the like, in an

A weight of hundred pounds.

remedies. Who as well. When a statute imposes a penalty, for the doing or not doing an act, and gives that penalty in part to whosoever will sue for the same, and the other part to

conveyancing. By the laws of Connecticut, it is the common practice there for the owner of land to execute a quit claim deed to a purchaser who has neither ‘possession nor pretence

A rent paid by the tenant of the freehold, by which he goes quit and free, that is, discharged from any other rent. 2 Bl. Com. 42.;

The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and the rules of the Penna. Pr. 84; Caines’s Pr. 102; Arch. Pr. 204; and a

as to this; with respect to this. A term frequently used to signify,as to the thing named, the law is so and so.

pleading. It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of reci

Engl. law. The name of a writ for tenant in tail, tenant in dower, by the curtesy, or for term of life, who having lost his lands through his default, to enable him to recover them

used substantively, signifies the number of persons belonging to a legislative assembly, a corporation, society, or other body, required to transact business; there is a difference

is that part which each one is to bear of some expense, as, his quota of this debt; that is, his roportion of such debt.

practice, is the allegation of some authority or case, passage of some law, in support of a position which it 13 desired to displaced, they are inconvenient. As to the manner of qu

remedtes. By what authority or warrant..The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the

Engl. law, is the full extended value of land let by lease, payable by tenant for life or years. Wood's Inst. 192.

The water which naturally falls from the clouds. No one has a right to build his house so as to cause the rain water to fall over his neighbour’s land. 1 Rolle’s Ab. 107; 2 Leo. 93

This word is uged in the land laws of the United States to designate the order of the location of such lands, and in patents from the United States to individuals they are describe

crimes, is the carnal knowledge of a woman by a man forcibly and against her will. By the term man here is meant a male of the human species of the age of fourteen years and upward

division of a country; in the English law, this is a district similar to that of a hundred; but oftentimes containing in it more hundreds than one.

is the scratching or scraping a writing, so as to prevent some part of it from being read. The word writing here is intended to include printing. Vide Addition; Erasure, and Interl

contracts. An re pea to adopt an act performby another for us. Ratifications are either express or implied. The former are made in express and direct terms of assent; the latter ar

contracts,— confirmation, approbation of a contract; ratification. Vin. Ab. h. t.; maine -ve) SHED, RA pleadings. In indictments for rape, this technical word must be introduced, f

crim. law.— This word has several meanings. 1. It is an unlawful taking a woman, or an heir in ward. 2. It is sometimes used synonymousty with rape.

is a term which is applied to land in its most enlarged signifation. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 3 Atk. 806; 8.

are those which concern the realty only, being such by which the demandent claims title to have any lands or tenements, rents, or other hereditaments, in fee simple, fee tail, or f

tn the civil law, are those which require the interposition of a thing (rei,) as the subject of them; for instance, the loan for goods to be specifically returned. By that law, con

is that which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. It is usually comprised under the words, lands, te

an abstract of real, as distinguished from _personalty. Realty relates to lands and tenements, rents or other hereditaments. Vide Real Property.

By reason is usually understood that power by which we distinguish truth from falsehood, and right from wrong; and by which we are enabled to combine means for the attainment of pa

This lion. term signifies such an act as the law REBUTTER, pleadings. The requires. When an act is unneces- name of the defendant’s answer to sary, a party will not be required to'

mer. law. Discount; who has not been a party to the the abatement of interest in conse- wrong. 3 Inst. 134; 2 Rolle, Rep. quence of prompt payment. Merch. 55, 6; Id. 208; 2 Rolle,

chancery practice, i8 @ person appointed by a court possessing chancéry jurisdiction to receive the rents and profits of land, or the profits or produce of other property in disput

Mutuality;— state, quality or character of what is reciprocal. The states of the Union are bound to many acts of reciprocity. The constitution requires that they shall deliver to e

contracts, pleading, is the repetition of some former writing, or the statement of something which has been done. Touchst. 76. Recitals are used to explain those matters of fact wh

contracts, is he who enters into a recognizance.

contracts, is an acknowledgment that something which has been done by one man in REC 829 authority of the latter. A recognition by the principal of the agency of another in the par

Engl. lav. The name by which the jurors impanelled on an assize are known; they are so called because of a disseisin by their verdict.

contracts, is an obligation of record, entered into before a court or officer duly authorised for that purpose, with a eondition to do some act required by law, which is therein sp

tn the French law, is the reading and re-examination by a witness of a deposition, and his persistance in the same, or his making such alteration, as his better recollection may en

is the giving to a person a favourable character of another. When the party giving the character has acted in good faith, he is not responsible for the injury which a third person,

Scotch law. When a party sues fora debt, and the defendant pleads compensation, or set-off, the plaintiff may allege a compensation on his pert, and this is called a recompensation

contracts, is the act of bringing persons to agree together, who before had had some difference. A renewal of cohabitation between husband and wife, is proof of reconciliatiop, and

civ. law. A renewing of a former lease; relocation, (q. v-)