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

measures. A_ liquid

a term used in the old English law, applicable to a writ granted for the reexamination or re-trial of a matter passed by assise before justices. F. N. B. 181; 3 Bl. Com. 389. The s

civ. law. ham’s Pract. 185; 1 Fonbl. Equity, The name of a servitude; it is the 430. right of inserting a beam or timber TIME, pleading. The averment from the wall of one house int

Under the ancient law, there were continuances, i. e. adjournments of the proceedings for certain purposes, from one day or one term to another; and, in such cases, there was an en

The constitution of the United States, art. 1, 8s. 9, cl. 1, declares that no state shall “ pass any bill of attainder, ex post facto law, or law impairing the obligation of contra

DOUBTFUL, chancery practice. A doubtful title is one which the court does not consider to be so clear that it will enforce its acceptance by a purchaser, nor so defective as to dec

MARKETABLE, in chancery practice. A marketable title is one which a court of equity considers to be so clear that it will] enforce its acceptance by a purchaser. The ordinary accep

persons. Titles are distinctions by which a person is known. The constitution of the United States forbids the grant by the United States of any title of nobility, (q. v.) Titles a

crim. law. To encourage or set another on to commit acrime. This word is always taken in a bad sense. To abet another to commit a murder, is to command, procure, or counsel him to

practice, is to make shorter in words, so as to retain the sense or substance. In law it signifies particularly the making a declaration or count shorter, by taking or severing awa

in the Englis law, signifies either “to affere an amercement,” 1. e. to mitigate the rigour of a fine; or “to affere an account,” that is to confirm it on oath in the exchequer.

estates, tstles. This is a generic term applicable to all those modes of parting with property by which the direct object is to deprive the heirs of the substantial interest in the

in contracts.. To convey the property of a thing to another. 7'o aliene in fee, is to convey the fee simple. To aliene in mortmain, to make over lands or tenements to a religious h

approbare; to increase the profits upon a thing; as to approve land by increasing the rent. 2 Inst. 784..

1. To rate or to fix the proportion which every person has to pay of any particular tax. 2. To assess damages is to ascertain what damages are due to the plaintiff; in actions foun

contracts, practice. 1. To make a right over to another; as to assign an estate, an annuity, a bond, &c. over to another. 5 John. Rep. 391. 2. To appoint; as to appoint a deputy, &

BINDING, contracts. These words are applicd to the contract entered into betwecn a master and an apprentice; the latter is said to be bound. In order to make a good binding the con

to substitute one punishment in the place of another. For example, if a man be sentenced to be hung, the executive may, In some instances, commute ‘his punishment to that of impris

contr. To words occur, “I nominate, constitute and appoint.”

To forbid. This word is used in some old English statute in the sense it has in French, namely, to forbid. 65 Ric. 2, c. 7. train on the highway.” Co. Litt. 160 b, 161 a. In pleadi

contr. This term is applied to the non-fulfilment of commercial engagements. To dishonour a ‘bill of exchange or a promissory note, is to refuse or neglect to pay it at maturity. T

Engl. law, is to deprive a person of the privilege of suing in forma pauperis & (q- 2) When a she hae been that the party has become the owner of a sufficient estate real or person

crim. law, to induce a person not to do anact. Ta dissuade a witness from giving evidence against a person indicted, is an indictable offence at common law. Hawk. B. 1, c. 21, s. 1

practice, is to make a list or roll, by the sheriff or other authorised officer, of the names of jurors who are summoned to appear for the performance of such service as jurors are

practice, conveyancing, to copy the rude draught.of an instrument in a fair and large hand. -

to register; to enter on the rolls of chancery, or other courts; to make.a record.

to prove a thing to be false; as, “ to falsify a record,” Tech. Dict. To alter or make false a record. This is punishable at common law. Vide Forgery. By the act of congress of- Ap

crim. law, torts. ‘To swear to a falsehood. This word has not the same meaning as perjury. It does notez ve termtint signify a false swearing before an officer or court having auth

A place or piece of ground on which a house formerly stood, which has been destroyed by accident or decay; it also signifies a messuage.

To warn; to garnish the heir, is to warn the heir. Obsolete.

contr., is to accept a bill of exchange; to pay a bill accepted, or a promissory note, on the day it becomes due. Vide To Dishonour.

Engl. law. In cases of treason the law makes it a crime to imagine the death of the king. In order to complete the offence there must, however, be an overt act; the terms compasstn

practice, is to write the names of a jury on a schedule, by the sheriff or other officer lawfully authorised. -

practice, to sue or prosecute by due course of law.

To take effect; as, the pardon inures.

contracts, crimes, is a document or sign of the existence of a fact. Tokens are either public or general, or privy tokens. ‘They are true or false. Whena token is false and indicat

commercial law. In England this name is given to pieces of metal, made in the shape of money, passing among private persons by consent at a certain value. 2

contracts, is a sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. Toll is

signify, in a general sense, any manner of customs, subsidy, prestation, imposition, or sum of money demanded for exporting or importing of any wares or merchandises, to be taken o

crim. law, is to deprive a person of such part of his body as to render him less able in fighting or defending himself than he would have otherwise been. Vide Mayhem.

In the army, by this term is understood to collect together and exhibit soldiers and their arms; it also signifies to employ recruits and put their names down in a book to enrol th

mar. law, is the capacity of a ship or vessel. The act of congress of March 2, 1799, s. 64, 1 Story’s L. U. 8S. 630, directs that to ascertain the tonnage of any ship or vessel, th

practice, is to overthrow or annul. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is cle

Voluntarily to take from another what is offered. A landlord, for example, could not be said to receive the key from his tenant, when the latter left it at his house without his kn

the act of making a record. Sometimes questions arise as to when the act of recording is complete, as in the following case. A deed of real estate was acknowledged before the regis

This word 1s derived from the French recouper, to cut again. In law it signifies the right and the act of making a set-off, defalcation or discount, by the defendant to the claim o

To pay back by the party who has received it, to the party who has paid it, money which ought not to have been paid. Ona deficiency of assets, executors and administrators cum test

to give up a right: for example, an executor may renounce the nght of administering the estate of the testator; a widow the right to administer to her intestate husband’s estate. T

practice, is the decision of a superior court by which the judgment, sentence or decree of the inferior court is annulled. After a judgment, sentence or decree has been rendered by

An injury; a wrong, (q- v.); hence the expression an executor de son tort, of his own wrong. Co. Litt. 158. Torts may be committed with force, as trespasses, which may be an injury

A wrong-doer, one who does wrong; one who commits a trespass or is guilty of a tort.

punishments. A punishment inflicted in some countries on supposed criminals to induce them to confess their crimes, and to reveal their associates. This absurd and tyrannical pract

practice. When the action sounds in damages, and the issue is an issue in law, or when any issue in fact not tried by a jury is decided in favour of the plaintiff, then the judgmen

civil and eccles. law. To renounce. Example, when a widow comes into court and husband’s estate, she is said to se-: two or more persons, engaged in litquester. Jacob. igation abou

is a technical expression, and imports an utter loss of the property forthe voyage, and no more. 1T. R. 187. Vide Loss, and 2 Phil. Ev. 54, n.; 16 East, 214; Park’s Ins. Index, h.

estates, rights. To bar, defeat, or take away, as to toll an entry into lands, is to deny or take away the right of entry.

pleading. These old French words signify always ready. The name of a plea to an action where the defendant alleges that he has always been ready to perform what is demanded ef him;

crim. law, is to of:fer; to publish. To utter and publish a counterfeit note is to assert and declare, directly or indirectly, by words or actions, that the note offered is good. I

contracts, is that which is given for towing ships in rivers. uidon de la mer, ch. 16; Poth. Des Avaries, n. 147; 2 Chit. Com. Law, 16.

contracts. To give a pledge or security for the performance of any thing; as to wage or page deliverance; to wage law, &c. o. Litt. 294. This word is but little used.

That is to say; namely; scilicet, (q. v-); videlicet, (4. v.)

This word is used differently in different parts of the United States. In Pennsylvania and some others of the middle states, it signifies, a village ora city. Insome of the north-e

The act of making a contract or agreement null. Contracts may be discharged by, 1, payment;—2, accord and satisfaction, 8 Com. Dig. 917; 1 Nels. Abr. 18.; 1 Lilly’s Reg. 10, 16; Ha

In its most extensive signification this word includes all sorts of dealings by way of sale or exchange. Ina more limited sense it signifies the dealings in a particular business,

contracts, in the civil law, is the act by which a thing is the delivery of possession by thé proprietor with an intention to trans. fer the property to the receiver. Two things ar

crimes. One guilty of treason. The punishment of a traitor is death. -

pleadings. This is a technical word which is essential in an indictment for treason in order to charge the crime, and which cannot be supplied by any other word, or any kind of cir

contracts, is the act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in it to the latter.

mar. law. ial act of taking the cargo out of one ship and loading it in another. When this is done from: necessity, _it does not affect the liability of an

Engl. law. A warrant for the custom-house to let goods pass; a permit, (q. v.)

practice, pleadings. Actions are transitory when the venue may lawfully be laid in any county, though the cause of action arose out of the jurisdiction of the court. Vide Acttonas,

eto. law, is the right which heirs or legatees may have of passing to their successors, the inheritance or legacy to which they were entitled, if they happen to die without having

punishment. In the English law, this puncommon law. 2 H. BI. 223. It isa part of the judgment or sentence of the court, that the party shall be transported or sent into exile. 1 Ch

crim. law, practice. This is a technical term which means to turn over; it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning ov

from the French traverser, in pleading, signifies to deny or controvert any thing which is alleged in the declaration, plea, replication or other pleadings; Lawes’s Civ. Plead. 116

or T. E. R. Tempore Regis Edwardi. This abbreviation is frequently uscd in Domesday Book, and in the more ancient law writers. See Tyrrel’s Hist. Eng., Introd. v. iii. p. 49. See a

crim. law. This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Com. 75. The constitution of the United States, art. 3, s. 3, defines treason against the United

An officer entrusted with the treasures or money either of a private individual, a corporation, a company, or a state. It is hia duty to use ordinary diligence in the performance o

The place where treasure is kept; the office of a treasurer. The term is more usually applied to the public than to a private treasury. Vide Department of the Treasury of the Unite

international law. A treaty is a compact made between two or more independent nations with a view to the public welfare; they are for a perpetuity or for a considerable time. Those

remedies. By treble costs, in the English law, ig understood, Ist, the usual taxed costs; 2d, half thereof; 3d, half the latter; so that in effect the treble costs amount only to t

reme.dies. In actions arising ez contractu some statutes give treble damages; and these statutes have been liberally construed to mean actually treble damages; for example, if the

The name of an engine of punishment, said to be synonymous with Tumbrel, (q. v.)

remedies, is the of an action, instituted for the of damages, for a wrong against the plaintiff, with force; as an assault and against the person; an unentry into his land, and an

ing collaterally out of it, but being

practice. Persons appointed according to law to try whether a person challenged to the favour is or is not qualified to serve on the jury. ‘They do not exceed two in number without

in pleading. This was formerly used in pleading, instead of rebutter. 1 Bro. Civ. Law, 469, n.

Engl. law. A customary duty or toll for weighing wool, so called because it was weighed by a common trora, or beam. Fleta, lib. 2, c. 12.

is a weight less ponderous than the avoirdupois weight, in the proportion of seven thousand, for the latter, to five thousand seven hundred and sixty, to the former. Dane’s Ab. Ind

tntern. law, i is an agreement between belligerant parties, by which they mutually engage to forbear all acts of hostility against each other for some time, the war still continuin

practice. These words are endorsed on a bill of indictment when a grand jury, after having heard the witnesses for the government, are of opinion there is sufficient cause to put t

estates. A trustee ig one to whom an estate has been conveyed in trust. The trust estate dower of his wife, or the curtesy of the husband of a female trustee. With respect to the d

contracts, devises, is a personal obligation for paying, delivering or performing any thing, where the person trusting has no real right or security, for by that act he confides al

punishment. A species of cart; according to Lord Coke, a dung-cart. This instrument, like the pillory, was used as a means of exposure; and according to some authorities, it seems

measure. A vessel of wine or oil, containing four hogsheads.

That a personal action dies with the person is an ancient and uncontested maxim. But the term personal action, requires explanation. In a large sense all actions except those for t

A person under the superintendence of a jailor, whose employment is to open and fasten the prison doors and to prevent the prisoners from escaping. It is his duty to use due dilige

contracts. A base or vile consideration, forbidden by law, which makes the contract void; as a contract the consideration of which is. the future illegal cohabitation of the oblige

civil law. A person who has been lawfully appointed to the care of the person and property ofaminor. By the laws of Louisjana minors under the age of fourteen years, if males, and

tn government, is the violation of those laws which regulate the division and the exer. cises of the sovereign power of the state. It isa violation of its constitution.: