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

practice, a statement of the items which form the total amount of the costs of a suit or action. This is demandable as a matter of right before the payment of the eosts.

or BILL OB-

against the mortgagor, for the purpose of having the estate sold, and thereby to obtain the sum mortgaged on the premises with interest and costs. 1 Madd. Ch. Pr. 528.

tn commercial law, is a certificate, properly authenticated, that a certain ship or vessel therein named, comes from a place wherein no contagious distempers prevail, and that none

See Indictment.

chancery practice. A bill of information, is a bill instituted in behalf of the state, or those whose rights are the objects of its care and protection. It is commenced by informat

chancery practice. A bill of interpleader, is one in which the person exhibiting it claims no right in opposition to the rights claimed by the person against whom the bill is exhib

merc. law. An account containing in detail the names of the items which compose a parcel or package of goods; it is usually transmitted with the goods to the purchaser, in order th

practice, is a detailed statement of a plaintiff ’s cause of action, or of the defendant’s set-off. In all actions in which the plaintiff declares generally, without specifying his

chancery practice. A bill of revivor is a continuance of the original bill, when by death some party to it has become incapable of prosecuting or defending a suit, or a female plai

English law..A statute passed in the reign of William and Mary, so called because it declared the true rights of British subjects.. W. & M. stat. 2, c. 2. - BILL OF SALE, contracts

chancery practice. A bill quia timet, is one which is filed when a person is entitled to property of a personal nature after another's death, and has reason to apprehend it may be

It is provided by the constitution of the United States, art. 1, s. 10, that no state shall “emit bills of credit, or make any thing but gold and silver coin a tender in payment of

commerce, are engagements which a merchant has entered into in writing and which he is to pay on their becoming due. Pard. n. 85.

commerce, are promissory notes, bills of. exchange, bonds, and other evidences or securities which a merchant or trader holds and which are payable to him. Pard. n. 85.

En pure sacote—53—in his Coat only—in pure Sackcloth. Ga rdassent— 102—support—dcfend. Nest atteintable—113—is not to be attainted—is not attestable. Son peir—116—his equal

the cap or coif of a judge or serjeant at law. Cunn. Dict.

is the act of being wholly brought into the world. The whole the mother, in order to make the birth complete. 5 C. & P. 329; S. C. 24 E.C. L. R. 344; 6C. & P. 349; S.C. 25 E.C. L.

Engl. law, is an act of parliament made in the 9 Geo. 2, which bears this name, to punish certain marauders who committed great outrages, in disguise, and with black faces.

A space left in a writing which ought to have been filled the ambiguity occasioned by blanks may be explained; 2, in what cases it cannot be explained. 1. When a blank is left in a

contract, is an indorsement which does not mention the name of the person in whose favour it is made; it is usually made by writing the name of the indorser on the back of the bill

crim. law, is to attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. This offence has been enlarged in Pennsylvania, and perha

one who is deprived of the faculty of seeing. Persons who are blind may enter into contracts and make wills like others. Carth. 53; Barn. 19, 238. When an attesting witness becomes

Such wood as by the common law or custom is reputed timber. 2 Inst. 642.

good faith. The law requires all persons io their transactions to act with good faith; anda contract where the parties have not acted bona fide is void at the pleasure of the innoc

Engl. ecclesiastical law, notable goods. When a person dies having at the time of his death goods in any other diocese, besides the goods in the diocese where he dies, amounting to

perishable goods. An executor, administrator or trustee, is bound to use due diligence in disposing of perishable goods, such as fattened cattle, grain, fruit, or any other article

contracts. A premium paid to a grantor or vendor, as, the bank paid a bonus to the state for its charter; a consideration given for what is received.

Itis a work of the mind, written or printed, so large in extent as to form avolume. The copy-right (q- Vv.) or exclusive right to print and publish a book, may be secured to the au

An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands

war, is the capture of personal property by a public enemy on land, in contradistinction to prize, which is a capture of such property by such an enemy on the sea. After booty has

Eng. law. This, as the name imports, rclates exclusively to the English law. Itis a custom in many ancient boroughs by which the youngest son succeeds to the burgage tenement on th

Contracts. Is he to whom a thing is lent at his request. The contract of loan confers rights and imposes duties on the borrower. In general, he has the right to use the thing borro

contracts, a recompense, satisfaction, amends, profit or advantage: hence came the word manbote, denoting a compensation for a man slain; lhouse-bote, cart-bote, plough-bote, signi

or bootless, without recompense, reward or satisfaction made; unprofitable or without success.

maritime law, isa contract in nature of a mortgage of a ship, on which the owner borrows money to enable him to fit out the ship, or to purchase a cargo for a voyage proposed; and

This is a metaphorical expression, which designates, in the genealogy of a numerous family, @ portion of that family, which has sp from the same root or stock; these latter express

contracts, torts, the as a breacly of a covenant is the non-performance of a covenant; the breach of a duty, is the refusal or neglect to execute an office, trust or the like, acco

pleading, is that part of the declaration in which the violation of the defendant’s contract is stated. It is usual in assumpsit to introduce the statement of the particular breach

criminal law. Any offence against public tranquillity, or against person or property, when accompanied by violence; any act of public indecorum. Vide article Peace.

is the act of forcibly removing the fastenings of a house, so that a person may enter. It is a maxim that every man’s house is his castle, and it is protected from -every unlawful

med. juris. The air expelled from the chest at each exchild was wholly born alive, as breathing may take place before the whole delivery of the mother is complete. Until the child

practice, is a writ in which the cause of action is briefly stated, hence itsname. It is issued to summon or attach a defendant requiring him to answer to an action, or any thing c

English law, is the appellation given to the collection in the book styled The Register of Writs, (q. v-) when other forms were invented. The brevia formata were adapted to those c

crim. law. The gift or promise, which i is accepted, of some advantage, as the inducement for some illegal act or omission; or of some illegal emolument, as a consideration, for pr

crim. law, is the receiving or offering any undue reward by or to any person whomsoever, whose ordinary profession or business relates to the admuinistration of public justice, in

practice, conveyancing, is an abridgment of all the patents, deeds, indentures, agreements, records and papers relating to certain real estate. In making a brief of title, the prac

49. a.—fined—rests, remains. Ramis—ibid. 66. a.—replaced, fixed on again—torn. Reys—ibid. 83. a.

contracts, the wages or commissions of a broker; his occupation is also sometimes called brocage. This word is also spelled brokerage. —

contracts, the trade or occupation of a broker; the commissions paid to a broker for his services.;

crim. law. Bawdy houses, the common habitations of prostitutes; such places have always been common nuisances in the United States, and the keepers of them may be fined and impriso

domest. relat. He who is born from the same father and mother with another, or of one of them only. Brothers are of the whole blood when they are born from the same father and moth

domest. relat. The brother of a man’s wife, or the husband of a person’s sister. There is no relationship between these parties, there is a mere affinity.

crim. law, is the detestable crime of having commerce contrary to the order of nature by mankind with mankind, or with brute beasts, or by womankind with brute beasts. 3 Inst. 58;

contracts, is said to be merchandise which is neither count ed, weighed, nor measured. <A sale by bulk, isa sale of a quantity of goods such as they are without measuring, counting

eccles. law. A letter from the pope of Rome, written on parchment, to which is attached a leaden seal, impressed with the images of Saint Peter and Saint Paul. There are three kind

in its usual acceptation, is uncoined gold or silver, in bars, plates, or other masses. In the acts of Congress the term is also applied to copper properly manufactured for the pur

a magistrate of a borough; generally, the chief officer of the corporation, who performs, within the borough, the same kind of duties which a mayor does ina city. In England the wo

pleadings; this is a technical word which must necessarily be introduced into an indictment in cases of burglary; the offence must be charged to have been committed burglariously,

crim. law, is the breaking and entering the house of another in the night time with intent to commit a felony therein, whether the felony be actually committed or not. 3 Inst. 63;

vide Accident, Arson, Fire, accidental.

a place appropriated for depositing the dead; acemetry. In Massachusetts burying grounds cannot be appropriated to roads without the consent of the owners. Mass. Rev. St. 239.

measure. The Winchester bushel, established by the 13

The purchase of the rights ofa person to a piece of land when the seller is disseised. When a deed is made by one who, though having a legal right to land, is at the time of the co

contracts. contain a certain number of acres, by estimation, or so many acres, more or less. When these expressions are used, if the land ‘fall short but a small quantity, the purc

are. rules and ordinances made by a corporation for its own government. The power to make by-hws is usually conferred by express terms of the charter creating the corporation, thou

1825, c.76,§ 23, 3 Stor. L. U. S., 2006, a wilful and corrupt conspiracy to cast away, burn or otherwise destroy any ship or vessel, with intent to injure any underwriter thereon,

See Almanac.

crim. law, is a list of prisoners, containing their names, the time when they were committed, and by whom, and the cause of their commitments.

in the an oath which a plaintiff to take that he was not a spirit of chicanery in his action, but that he a good cause of action. lib. 5, t. 16 and 17, s. oath a somewhat similar o

in its general acceptation, is the act of crossing a writing; it is used sometimes to signify the manual operation of tearing or destroying the instrument itself. Hyde v. Hyde, 1 E

war, is the distance which a cannon will throw a ball. The whole space of.the sea, within cannon shot of the coast, is considered as making a part of the territory; and, for that r

eccl. law. This word is taken from the Greek, and signifies a rule or law. In the ecclesiastical law, it is also applied to designate an order of religious person.

see Law, Canon.

This word is taken in various senses. 1. It is that aptitude which good order requires a man should possess for the employment to which he is destined. The constitution requires th

Capable of committing crime. This is said of one who has sufficient mind and understanding to be made responsible for his actions, and who possesses legal discretion, (q- v-)

English lav, isa judicial writ touching a plea of land and temgments. The writs which bear this name are of two kinds, namely, cape magnum, or grand cape; and cape parvum, or petit

practice. This word, the signification of which is “ that you take,” is applicable to many heads of practice. Several writs and processes commanding the sheriff to take the person

practice, is a writ issued after a re- _turn of elongata or elotned has been made to a writ of retorno habendo, commanding the sheriff to take so many of the distrainer’s goods by

political economy, commerce. In political economy, it is that portion af the produce of a country, which may be made directly available either to support the human species or to th

A poll-tax; an imposition which is yearly laid on each persen according to his estate and ability.

descents, by the head. Distribution or succession per capite ig said to take place when every one of the kindred in equal degree, and not jure representationts receive an equal par

war, is the treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. CAPTAIN or SEA CAPTAIN, mar.

French law. The name which is sometimes given to him who by flattery and artifice endeavours to surprise testators and induce them to give legacies or devises, or to make him some

practice, is that part of a legal instrument, as a commission, indictment, &c. which shows where, when, and by what authority it was taken, found or executed. In the English practi

By this ‘term is understood one who has been taken; it is usually applied to prisoners of war, (q- V.)

war, is one who has taken property from an enemy; this term is also employed to designate one who has taken anenemy. Formerly goods taken in war were adjudged to belong to the capt

war, is the taking of property by one belligerent from another. To make a good capture of a ship, it must be subdued and taken by an enemy in open war, or by way of reprisals, or b

Eng. law, having the head of a wolf. An outlawed felon was said to have the head of a wolf, and might have been killed by any one legally. Now, such killing would be murder. 1 Hale

weights. A carrat weight equal to four grains, in diamonds and the like. Jac. L. Dict.

punishment; this is a French word which signifies pillory, and is sometimes used in that gense; as is carcannum for a prison.

eccl. law, is the title of an ecclesiastical prince, who has an active or passive voice in the conclave when a pope is elected.

crim. law. Small square paste boards, generally of a fine quality, on which are painted figures of various colours, and used for playing different games. The playing of cards for a

mar. law. The entire load of a ship or other vessel. Abb. on Sh. Index, h.t.; Merl. Rép. h. t.

crim. law. This phrase is used to signify a sexual connexion; as, rape is the carnal knowledge of a woman,

pleadings. This is a technical phrase essential in an indictment to charge the defendant with the crime of rape; no other word, or circumlocution will answer the same purpose as th

contracts. There are two kinds of carriers, namely common carriers, (q- Y-) who have been considered under another head; and private carriers. ‘These latter are persons who, althou

an allowance to stated the tenant of wood, sufficient for carts nature and other instruments of husbandry. case,

The sig- judgment nature of an individual or more, on upon a white paper, with a sufficient space also left above it to write a note or other stated, writing. In the course of busi

commerce, money on which a merchant trader or person has to do business with. price, in contracts, is the price articles paid for in cash, in contradistinction of credit price, whi