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

in government, is the chief magistrate of the state, whether legitimate or otherwise, who violates the constitution to act arbitrarily contrary to justice. Toull. tit. prel. n. 32.

comm. law. When a cask is guaged, what it wants of being full is called ullage.

A person selected by two or more arbitrators, when they are authorised to do so by the submission of the parties, and they cannot.agree as to the subject-matter referred to them, w

the agreement of all the persons concerned in a thing in design and opinion. Generally a simple majority, (q. v.) of any number of persons is sufficient to do such acts that the wh

persons, is one who has had an understanding, but who, by disease, grief, or other accident, has lost the use of his reason. A lunatic is properly one who has had lucid intervals,

Vide Certainty.

pleading, This barbarous phrase of old French, which is the same with encore prét, yet ready, is used ina plea in bar to an action of debt on a bond due at a day past; when the def

A deputy of a sheriff. The principal is called high-sheriff, and the deputy the under-sheriff. Vide 1 Phil. Ev. Index, h. t.

insurances, is one who signs a policy of insurance by which he becomes an insurer. By this act he places himself as to his responsibility in the place of the insured. He may cause

what is held by the same title by two or more persons, whether their rights are equal, as to value or quantity, or unequal. Tenants in common, joint-tenants and partners, hold an u

in practsce. The ancient language of a special award of venire, where of several defendants, one pleads, and one lets judgment go by default, whereby the jury, who are to try and a

What cannot be understood. When a law, a contract or will is unintelligible, it has no effect whatever. Vide Construction, and the authorities there referred to. UNITED STATES OF A

This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an easement is attached, or the dominant estate

When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment alleging the property to belong to

is that which is contrary tolaw. There are two kinds of contracts which are unlawful; those which are void, and those which are not. When the law expressly prohibits the transactio

in crim. law, is a disturbance of the public peace by three or more persons who meet together with an intent mutually to assist each other in the execution of some enterprise of a

low French, yet. This barbarous word is frequently used in pleas; as, Ne unques executor, Ne unques guardian, Ne unques accouple, and the like.

Long and uniferm practice. Evidence of a few instances that a certain thing has been done, does not establish a usage. The usage of trade affords ground upon which a proper constru

estates, is defined to be a confidence reposed in another, who was made tenant of the land or terretenant, that he should dispose of the land according to the intention of the cest

civ. law, is a right of receiving so much of the natural profits of a thing as is necessary to daily sustenance; it differs from usufruct, which is a right not only to use but to e

civil law, signifies the manner of acquiring the property in things by the lapse of time required by law. It differs from prescription, which has the same sense, and means, in addi

In the civil law, is the right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce

in the civil law. One who has the right and enjoyment of a usufruct.

torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man inhis right and possession. Toml. Law Dict. h. t.

government, is the tyrannical assumption of the government by force, contrary to and in violation of the constitution of the country.

in insurance. By an article of the printed proposals which are considered: as making a part of the contract of insurance it is provided that, ‘“ No loss or damage by fire, happenin

government, is one who assumes the right of government by force contrary to and in violation of the constitution of the country. Toull. Dr. Civ. n. 32. Vide Tyranny.

contracts, is the illegal profit which is required and received by the lender of a sum of money from the borrower, for it use. Ina more extended and improper sense, it is the recei

domestic relations..A brother by the mother’s side.

civ. law. A woman lawfully married. V. over his estate to the lender, until he had received that sum out of the issues and profits of the land; it waa so called because neither the

estates, is an estate which has been abandoned by the tenant; the abandonment must be complete in order to make the possession vacant, and therefore if the tenant have goods on the

is that period of time between the end of one term and beginning of another. During vacation rules and orders are made in such cases as are urgent, by a judge at his chambers.

contracts. A pledge or surety

con. tracts. A mortgage or dead pledge: it is a security given by the borrower of a sum of money, by which he grants him an estate in fee, on condition that if the money be not rep

contracts. complete the offence of uttering. 2 Bino. Rep. 338, 9. Vide East, P. C. 179; Leach, 251; 2 Stark. Ev. 378; 1 Moody, C. C. 166; 2 East, P. C. 974; Russ. & Ry. 113; bk Phi

one who wanders about idly, who has no certain dwelling. A vagrant.

Generally by the word vagrant is understood a person who lives idly, without any settled home; but this definition is much enlarged by some statutes, and it includes those who refu

in English practice, is a writ which in certain cases issues after an imperfect inquisition returned on a capias utlugatum io outlawry. This melius inquirendum commands the sheriff

contracts. A seller, (q. v-) One who disposes of a thing in consideration of money. Vide, Purchaser; Seller.

or VENIRE FA-

practice, crim. law. According to the English law, the proper process on an indictment for any petit misdemeanor, on a penal statute, a writ called venire facias is issued. It is i

practice. The name of a new writ of venire facias; this is awarded when, by reason of some irregularity effect of that writ has been frustrate ed, or the verdict become void in law

In Louisiana, by this term is understood a written account of any proceeding or operation required by law, signed by the person commissioned to perform the duty, and attested by th

in pleading. new matter is introduced side, the plea must conclude verification or averment, in that the other party may have opportunity of it. ries 337; 1 Lutw. 101; ils. Dougl.

By this phrase is meant all things, trees excepted, which grow upon the surface of the land, and clothe it externally. He who has the vesture of land has a right, generally, to exc

vite habilis, capable of living, is said of a child which is born alive in such an advanced state of formation as to be capable of living: unless he is born viable he acquires no r

The sheriff.

A officer who within a part of the district of a consul, or who acts in the place of a consul. Vide1l Phil. Ev. 306. VICE PRESIDENT OF THE

A fatin adverb signifying to wit, that is to say, namely, scilicit, (q. v-) This word is usually abbreviated viz. Vide Yelv. 94: 3 Saund. 291 a, note; New Rep. *465, note; Dane’s A

With force and arms. When a man breaks into another’s close vt et armis, he may be opposed force by force, for there is no time to request him to go away. 2 Salk. 641; 8 T. R. 78,

are persons appointed by the courts to see and examine certain matters and make a report of the facts together with their opinion to the court. In practice they are usually appoint

Engl. law, was a species of slave during the feudal times. The feudal villein of the lowest order was unprotected as to property, and subjected to the most ignoble services; but hi

punishments. In the English law it was a judgment given by the common law in attaint, or in cases of conspiracy. Its effects were to make the object of it lose his dtberam legem, a

pleadings This word was formerly supposed to be necessary in an indictment, in order to charge a robbery from the person, but it has been holden unnecessary. 2 East’s P. C. 784; 1

An obsolete word, which signifies a rod or staff, such as sheriffs, bailiffs, and constables carry, as a badge or ensign of their office.

the privy members of aman. Bract. lib. 3, p. 144.

Ab. 556; Arch. Civ. Pl. 68; 16 John. R. 108. DEPUTY ATTORNEY GE-

is the act of examining into the affairs of a corporation. The power of visitation is applicable only to ecclesiastical and eleemosynary corporations. 1 BI. Com. 480; 2 Kyd on Corp

a superior force. In Jaw it signifies inevitable accident. This term is used in the civil law in nearly the same way that the words act of God, (q. v.), are used in the common law.

The neighbourhood; a neighbouring place; a place near at hand; the venue, (q. v.)

A place where living things are kept; as a park, on land; or in the water, as a,

living voice, verbally. It is said a witness delivers his evidence viva voce, when he does. so in open court; the term 1s opposed to deposition. It is sometimes tives, in the legis

or living pledge, in contracts, is when a man borrows a sum of money (suppose two hundred dollars,) of another, and grants him an estate, as of twenty dollars per annum, to hold ti

One entitled to a vote; an elector.

accounts. An account book in which are entered the acquittances, or warrants for the accountant’s discharge. It also signifies any acquittance or receipt, which is evidence of paym

in recoveries. The voucher in common recoveries, is the person on whom the tenant to the precipe calls to defend the title to the land, because he is supposed to have warranted the

Vide Warranty, voucher to.

marine law, is the passage of a ship upon the seas, from one port to another, or to several ports. Every voyage must have a terminus d@ quo and a terminus ad quem. When the insuran

a term used in Scotland, by which is meant a right, by which lands, or other heritable subjects, are impignorated by the proprietor to his creditor in security of his debt; and, li

In the law of Scotland, a creditor to whom a wadset 1s made, is called a wadsetter.

A superstitious mode of trial which till lately disgraced the English law. The last case of this kind was commenced in the year 1817, but not proceeded in to judgment; and at the n

Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads nel dehit, and concludes his’ plea with this formula, ‘“ And this he is

contracts, is one made when the insured has no insurable interest. It has nothing in common with insurance but the name and form. It is usually in such terms as to preclude the nec

The law does not prohibit‘all wagers. 1 Browne’s Rep. 171. In general, it seems, that a wager is legal and may be enforced in a court of law, 3 T. R. 693, if it be not, Ist, contra

is the relinquishment or refusal to accept of a right. In practice it is required of every one to take advantage of his rights at a proper time, and, neglecting to do so, will be c

domestic relations, is an infant placed by authority of law under the care of a guardian. While under the care of his guardian a ward can make no contract whatever binding upon him

police. To watch inthe day time, for the purpose of preventing violations of the law. It is the duty of all police officers and constables to keep ward in their respective district

A guardian; a keeper. This is the name given to various officers; as, the warden of the prison; the wardens of the port of Philadelphia; church-wardens.

a place adapted to the reception and storage of goods and merchandise. The act of congress of 25th February, 1799, 1 Story’s Laws U. S. 565, authorises the purchase of suitable war

crim. law, practice, is a writ issued by a justice of the peace or other authorised officer, _ directed to a constable or other proper person, requiring him to arrest a person ther

BENCH. Vide Bench Warrant.

SEARCH. Vide Search Warrant.

One to whom a warranty is made. Touchst. 181.

An ancient and now obsolete writ which was issued when a man was enfeoffed of lands with warranty, and then he was sued or impleaded in assize or other action, in which he could no

One who makes a warranty. Touchst. 181.

VOUCHER TO, in practice. -A warranty is a contract rea], annexed to lands and tenements, whereby a man is bound to defend such lands and tenements from another person; and in case

common law, isa book used among merchants. All the dealings of the merchant are recorded in this book in chronological order as they occur.

police. To watch is properly speaking to stand sentry and attend guard during the night time: certain officers called watchmen are appointed in most of the cities of the United Sta

an officer in many cities and towns whose duty it is to watch during the night and take care of the property of the inhabible (q. v.) to make arrests, where is'there is reasonable

That liquid substance lof which the sea, the rivers, and creeks are composed. A pool of water, or a stream or water course is considered as part of the Jand, hence « pool of twenty

English law, an officer appointed to search ships in ports.

This name is given to such goods as after shipwreck appear upon the waves. Jacob.

pleadings. In an indictment for simple larceny, the words ‘‘ feloniously took and carried away,” the goods stolen, are indispensable. Bac. Abr. Indictment, G 1; Com. Dig. Indictmen

estates, a passage, street or road. A right of way is a privilege which an individual, or a particular description of persons such as the inhabitants of a particular place, or the

A covenant or agreement; that this pawer has not been exerwhence a wedded husband. cised. The weights now generally

is a quality in natu- ounce is divided into eight drams, ral bodies, by which they tend to- and the dram into three scruples, so is grain only is used, and sets of weights are cons

7 pounds = 1 clove. This phrase is used to signify that 14 pounds = 1 stone = 0 14 the proof on one side of a cause is 2stones = ltod = 0 1 0O greater than on the other. Whena 64 t

English law, contracts, is a species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as a security for the repayment, but dif

A castrated ram, at least one year old; in an indictment it may be called a sheep. 4 Car. & Payne, 216; 19 Engl. Com. Law Rep. 351.

mar. law, a vessel employed in the whale fishery. It is usual for the owner of the vessel the captain and crew to divide the profits in just proportions under an