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

government. The department of the treasury is constituted of the following officers, namely, the secretary of the treasury, (q. v.) the head of the department, two comptrollers, fi

By the act entitled, “An act to establish the flag of the United States,” passed April 4, 1818, 3 Story’s L. U. S., 1667, it is enacted— ) § 1. That from and after the fourth day o

government. The seal used by the United States in congress assembled, shall be the seal of the United States, viz.: ARMS vale ways of thirteen pieces argent and gules; a chief azur

government. He is an officer appointed by the president. His principal duties are, 1, to superintend the collection of the revenue; 2, to divest, prepare, and lay before ' congress

The written will of; the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. ‘This word is used in contradistinction t

tx the English law, is a security entered before the mayor of London, or some chief warden of a city, in pursuance of 13 Edw. I. stat. 3, c. 1, whereby the lands of the debtor are

practice. A term during which no execution can issue on a judgment. It is either conventional, when the parties agree that no execution shall issue for a certain period; or it is g

This term imports, ex vi termini, nearly the same as larceny; but in common parlance, it does not always import a felony, as, for example, you stole an acre of my land. In slander

ectvil law. A name given generally to all species of frauds committed in making contracts. This word is said to be derived from the latin séellzo, a kind of lizard remarkable for i

i practice, is an order made, upon proper cause shown, that the process rematn stationary. As where a defendant having become insolvent, would, by moving judgment in the case of no

Engl. law, were places formerly permitted, in England, to women of professed lewdness, and who, for hire, would prostitute their bodies to all comers. ‘These places were so called

civ. law. The rain water that falls from the roof or eaves of a house by scattered drops. When it is gathered into a spout it is called fumen. Without the constitution of one or ot

Engl. law, is the proportionable part of a man’s cattle, which he may keep upon the common. To use a thing without stint, 1s to use it without limit.

in contracts, is the sum agreed by the parties to be paid, on a breach of a contract, by the party violating his engagement, to the other. It is difficult to distinguish, in some c

descents, the root, stem, or stock of a tree. Figuratively it signifies, in law, that person from whom a family is descended, and also the kindred or family. It is chiefly used in

mer. law. The capital of a merchant, tradesman, or other person, including his merchandise, money and credits. Ina narrower sense it signifies only the goods and wares he has for s

descents. This is a metaphorical expression which designates, in the genealogy of a family, the person from whom others are descended: those persons who have so descended are calle

A road in a village or city. In common parlance the word street is equivalent to highway. 4 Serg. & Rawle, 108. A permission to the public for the space of eight, or even of six ye

pleadings. In an indictment for murder, when the death arises from any wounding, beating or bruising, it is said, that the word “struck” is essential. 1 Bulstr. 184; 5 Co. 122; 3 M

civ. law. ‘The criminal sexual intercourse which took place between a man and a single woman, maid or widow, who before lived honestly. Inst. 4, 18, 4; Dig. 48, 5,6; Ib. 50, 16,101

_ estates, Engl. law. The act of an inferior lord by which he carved out a part of an estate which he held of a superior, and granted it to an inferior tenant to be held of himself

contracts, is the thing which is the object of an agreement. This term is used in the laws Scotland.

persons, government, term is used in contradistinction to citizen, which is applied to the same individual when considering his political rights. In monarchical governments, by sub

‘The obligation of one or more persons to act at the disctetion, or according to the judgment and will of others. Subjection is either private or public. By the former is meant the

eridence. That is that which takes place when the which is essential; it is used in person substituted is not to receive opposition to form. It is a general the, legacy until after

contracts, one has a subsequent lien on one only of placed under another to transact the parcels, and the prior creditor business for him; in letters of attor- elects to have his w

tn the Scotch Johns. Ch. R. 409; and in a case law; where an estate is settled on where a bond creditor exacts the a long series of heirs substituted one whole of the debt from one

pleading. In an action of trespass to the persun, the defendant frequently justifies by pleading that he used no more force than was necessary to remove the plaintiff who was unlaw

med. jur. reignty. The conception of a second embryo, SUPREME COURT. Vide during the gestation of the first, or Courts of the United States. ’ that a woman who has advanced to SUR,

an overseer, a is given by the surety that unless the — surveyor. There are officers who principal be sued, he will consider bear this name whose duty it is tb himself discharged,

chancery practal bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like, but supplies any defects in the original bi

Engl. law. The sued. 8 Serg. & Rawle, 116; 15 name of a writ issuing out of: the Serg. & Rawle, 29, 30. Vide Sureking’s bench or chancery, for taking tyship. sureties of the peace,

Engl. law. Extra- with a condition that the accused ordinary grants to the king by par- shall keep the peace towards all the liament, to supply the exigencies of citizens of the co

contracts, is an accessory agreement by which a person binds himself for another already bound, and promises to the creditor to satisfy the obligation, if the debtor does not. It c

med.jur. The part of the healing art which relates to external diseases; their treatment; and, specially, to the manual operations adopted for their cure. Every lawyer should have

in pleading, is and useless statement tinent to the cause. Such matter need not be proved, nor will vitiate, it being a maxim that wtile per inutile non vittatur, 4 East, 400; Gilb

in pleading. The plaintiff’s answer to the defendant’s rebutter. It is governed by the same rules as the replication, (q. v-) Vide 6 Com. Dig. 185; 7 Com. Dig. 389.

in pleading. The plaintiff’s answer to the defendant’s rejoinder. It is governed in every respect by the same rules as the replication, (q. v-). Steph. Pl. 77; Arch. Civ. Pl. 284;

estates, conveyancing, is a yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged into the g

In some of the states, as in New Jersey, this is the name of an officer who has jurisdiction in granting letters testamentary and letters of administration. In some states, as in P

in the Scotch law, is he in whose favour a suspension is made. In general a suspender is required to give caution to pay the debt in the event it shall be found due. Where the susp

Scotch law, is that form of law by which the effect of a sentence-condemnatory, that has 424 SUS considered. Ersk. Pr. L. Scot. 4, 3, 5. Suspension is competent also, even where th

A belief to the disadvantage of another, accompanied by a doubt. Without proof, suspicion, of itself, is evidence of nothing. When a crime has been committed, an arrest may be made

A man whose employment is to sell provisions and liquor to a camp. By the articles of war, art. 29, no sutler is permitted to sell any kind of liquor or victuals, or to keep his ho

A deed, bond or other instrument of writing under the hand and seal of all the parties. It was so called because the parties wrote together. Formerly such writings were attested by

Suppletions

crim. law, is &ommitted by unlawfully and violently taking or keeping possession of lands and tenements with menaces, force and arms, and without the authority of law. Com. Dig. h.

comm. law, a denomination of money in China. In the computation of the ad valorem duty on goods, &ec. it is computed at one dollar and forty-eight cents. Act of March 2, 1799, s. 6

evideace, are the parts of a piece of wood cut in two, which persons use to denote the quantity _ of goods supplied by one to the other. Poth. Obl. pt. 4, c. 1, art. 2, § 8.

practice, the, name of a return made by the sheriff; to a writ, when it came into his. hands too late to be executed before the return day. Tite sheriff is required to show that he

weights, is an allowance in the purchase and sale of merchandise, for the weight of the box, bag, or cask, or other thing, in which the oods are packed. It also is an alowance made

customs, duties, toll or tribute payable upon merchandise to the general government, is called tariff; the rate of customs, &c. also bears this name, and the list of articles liabl

a phrase used to designate that a man has the power to alter his will or testament as long as he lives.

a place of entertainment, a house kept up for the accommodation of strangers. These are regulated by various local laws. For the liabilities of tavern keepers, vide Story on Bailm.

This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they are called or known,

practice, is the act by which it is ascertained to what costs a party is entitled. It is a rule that the jury must assess the damages and costs separately, so that it may appear to

Un longaync—No. Nar. 16. a. b.—a House of Office, a Jakes—a Shecp walk. Perefoys

government. Before entering on the duties of his office, the treasurer is required to give bond with sufficient sureties, approved by the secretary of the treasury and the first co

in the Scotch law, are that liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functi

an officer in a bank or other institution. He is said to take that name from ftallter, or one who kept a tally, because it is his duty to keep the accounts between the bank or othe

estates, is he to whom lands or tenements are granted, or to which he derives by operation of law a title for the term of his own life, or for that of any other person, or for more

estates. Tenants incommonare such as hold by several and distinct titles, but by unity of possession. 2 BI. Com. 191. See Estate in common. 7 Cruise, Dig. Ind. tit. Tenancy in Comm

estates, is where the husband of a woman is seised of an estate of inheritance, and dies; in this case, the wife shall have the third part of the lands and tenements of which he wa

JOINT, estates. Jointenants, or rather joint-tenants, are such as hold lands or tenements by joint-tenancy. See Estate tn joint-tenancy. 7 Cruise, Dig. Ind. tit. Joint-tenancy; Bac

English law, practice, is a writ to a justice or other person, who has power to take a fine, and having taken the acknowledgment of a fine, delays to certify it in the court of com

estates, in its most extensive signification comprehends every thing which may be holden; provided it be of a permanent nature; and not only lands and inheritances which are holden

contracts. That part of a bond where the obligor declares himself to be held and firmly bound to the obligee, his heirs, executors, administrators and assigns, is called the tenert

estates, is the manner in which lands or tenements are holden. According to the English law, all lands are held mediately or immediately from the king, as lord paramount and suprem

in contracts. This word is used in the civil law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positi

practice. The space of time during which a court holds a session; sometimes the term is a monthly at others, it is a quarterly period, according to the constitution of the court. T

Wherefore did he eject within the term. The name of a writ which lies for a lessee, who has been turned out of his farm before the expiration of his term or lease, against the feof

Vide Estate for years; Leases. and tenements for a term of years or life. Litt. sect. 100.

that he give leave to demolish. Engl. law. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to

Engl. law. A roll, catalogue or survey of lands, be- —_——_—»_ longing either to a single person or a town, in which are stated the quantity of acres, the names of the tenants, and

Vide! Courts of the United States.

is the acceptance of the bill, after protest for non acceptance by the drawee, for the honour of the drawer, or of a particular endorser. When a bill has been accepted supra protes

Vide Religious Test.

common, a term used in the civil law. A common testament is one which is made jointly by several persons. Such testaments are forbidden in Louisiana, Ciy. Code of Lo. art. 1565, an

OLOGRAPH- IC, a term used in the civil law. The olographic testament is that which is written wholly by the testator himself. In order to be valid, it must be entirely written, dat

NUNCUPA-

MYSTIC, a term used in the civil law. A mystic testament is also called a solemn testament, because it requires more formality than a nuncupative testament, is a form of making a w

a term used in the civil law. A testament ab trato, is that made in a gust of passion or hatred against the presumptive heir, rather than from a desire to benefit the devisee. When

One who has made a testament or will.

practice, is the name of a writ which is issued the court of one county, to the sheriff of another county, in the same state, when the defendant cannot be found in the county where

practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. The act of congress of May 8, 1792, 1 Story’s Laws U. S. 257, directs that all writs a

chancery practice. A bill to perpetuate the testimony of witnesses, is one which prays leave to examine them de bene esse, and states that the witnesses are old, infirm or sick, or

evidence, the statement made by a witness under oath or affirmation. Vide Bill to rpetuate testimony.

This isan old and barbarous French word signifying in the old books, evidence. Com. Dig. h. t.

Such a plea is) one which shows some ground for not proceeding in the suit at the _ present period, and prays that the pleading may be stayed, until that ground be removed. ‘The nu

Pleas of this kind are pleaded when the action is misconceived, or was prematurely commenced before the cause of action arose; or that there is another action depending for the sam

practice, is a writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply. See 3 Woodd. 167; Steph. Pl. 15. Thi

Such pleas are for some apparent uncertainty, repugnancy, or want of form; variance from the record, specialty, &c. mentioned therein, or misnomer of the plaintiff or defendant. La

See Contra for- mentary witness; 30 to be a juror; mam statutt. at 16a minor may devise one half

is an officer appointed by the president. He must be learned in the law, and be sworn or affirmed to a faithful execution of his office. His duties are ta prosecute and conduct all

There shall be appointed in each judicial district, a meet person, learned in the law, to act as attorney of the United States in such district, who shall be sworn or affirmed to t

government. Fle is the principal officer in the Department of State, (q. v.) He shall perform such duties as shall be enjoined on or entrusted to him by the president, agreeably to

crimes. One who has been guilty of larceny or theft.

res judtcata, (q- v-) is said of that which has been decided by a final judgment, by a tribunal of competent jurisdiction, from which there can fixed by law for the appealing has e

1. It is an unlawful taking a woman, or an heir in ward. 2. It is sometimes used synonymousty with rape.

evidence, menace. When a confession is obtained from a person accused of crime, in consequence of a threat, evidence of such confession cannot be received, because, being obtained