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

commerce, acis one in which a merchant trader enters an account of all the or paper moneys he receives pays. An entry of the same thing to be made under the proper in the journal.

punishment. To; to deprive a military man of office: example, every officer shall be convicted before a gencourt martial, of having signed false certificate relating to the abof ei

French law, isa which emanates from the resort isannulled. Merl. Rép. h. t; this jurisdiction is now given to the cour de cassation. This court 1s composed of fifty two judges, inc

practice. That the writ be quashed. This is the name of a judgment, which is entered by the plaintiff when he cannot prosecute his writ with effect against the defendant in consequ

punishments, is an engine used to punish women who have been convicted of being common scolds; it is sometimes called the trebucket, tumbrel, ducking stool, or cucking stool. This

legislation, is the vote given by the president, or speaker of a deliberative assembly, when the votes of the other members are equal on both sides, the casting vote then decides t

practice, torts. Formerly in the trial of right to lands by ejectment, was a person supposed casually or by accident to come upon the land, and turn out the lawful possessor; he wa

practice, isa writ of entry, granted when the tenant by the curtesy, or tenant for life, aliens in fee, or in tail or tor another’s life. It may be brought by the reversioner, agai

an omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencics, and through mistake, or on account of some other cause,

officer. This is a nickname given to a sheriff’s deputy, or to a constable, or other officer whose duty it is to arrest persons. He is socalled because he catches by the poll or he

civ. law. This word has two meanings. 1. It signifies the delivery of the thing, or the accomplishment of the act which is the object of the conventian. Datio vel actum, quibus ab

practice, is a contested question before a court of justice; itis a suit or action. Causes are civil or criminal. Wood’s Civ. Law, 302; Code 2,5 4, 16.

JURATORY, iss the Scotch law; Juratory caution is that which a suspender swears is the best he can offer in order to obtain a suspension. Where the suspender cannot, from his low o

Scotch law, contracts, one who becomes bound as caution or surety for another for the performance of any obligation, or contract contained in a deed.

practice, that he beware. Caveat is the name of.a notice given by a party having an interest in the same, to some officer not to do an act, till the party giving the notice shall h

Let the purchaser beware. It isa rule of the common law, in which respect it is directly opposed to the civil law, that the purchaser is bound to examine and ascertain the defects

contracts. This word is usually applied in law to the celebration of marriage, which is the solemn act by which a man and woman take each other for husband and wife, conformably to

An scmisation of the purpose of keeping the representution of the several states in congress cqual, the constitution provides, that “representatives and direct taxes shall be appor

a latin word signifying I have taken. Cepi corpus, I have taken the body; cepi corpus and B. B., I have taken the body and discharged him on bail bond; cepi corpus et est in custod

plead- This is a plea in replevin, by which the defendant alleges that he took the thing replevied in another place than that mentioned in the plaintiff’s declaration. 1 Chit. Pl.

UNCERTAIN. TY, contracts; in matters of obligation; a thing is certain, when its essence, quality and quantity, arc sufficiently described, such as one hundred dollars, such a ioui

pleading. By certainty is understood a clear and distinct statement of the facts which constitute the cause of action, or ground of defence, so that they may be understood by the p

practice, is a writing made in any court, and properly authenticated, to give notice to another court of any thing done therein; or itis a writing by which an ofhcer or other perso

practice. To be certified of; to be informed of. This is the name of a writ issued from a superior court directed to one of inferior jurisdiction, commanding the latter to certify

is the staying of an execution. When a judgment has been entered, there is sometimes, by the agreement of the parties, a cessat executio for a period of time fixed upon; and when t

contracts, yielding up; release. France ceded Louisjana to the United States by the treaty of Paris, of April 30, 1803; Spain made a cessionof East and West Florida, by the treaty

a barbarous phrase to signify the beneficiary of an estate held in trust. He for whose benefit another person is enfeoffed or seised of lands or tenements. The cestui que trust is

he to whose use land is granted to another person, the latter is called the terretenant, having in himself the legal property and possession, yet not to his own use, but to dispose

he for whiose life land is holden by another person; the latter is called tenant per auter vie, or tenant for another’s life. Vide Dane’s Ab. Index, h. t.

is the presiding officer of a committee, as, chairman of the committee of ways and means. The person selected to preside over a popular meeting is also called a chairman or moderat

This word has several significations. 1. It is an objection to a person or thing; as, I challenge such a juror. 2. A call by one person of another to single combat, which is said t

criminal lav, is a request by one person to another to fight a duel. It is a high offence at common law and indictable as tending to a breach of the peace. It may be in writing or

A society of the principal merchants and traders of a city, who meet to promote the general trade and commerce of the place. Some of these are incorporated, as in Philadelphia.

crim. law, one who moves pleas or suits, or causes them to be moved, either directly or indirectly, and sues them at his proper costs, upon condition of having a part of the gain.

crimes, is a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for, between them, if they prevail at law, the champertor undertaking to

he who fights for another, or takes his place in a quarrel; it also includes him who fights his own battles. Bract. lib. 4, tr. 2, c. 21. ‘CHANCE, accident. <As the law punishes a

criminal law, is a sudden affray; this word is sometimes applied to any manner of homicide by misadventure, but in strictness it is applicable to such killing only as happens se de

practice, is the opinlon expressed by the court to the ‘jury on the law arising out of a case before them, It should contain a clear and explicit exposition of the law, but the cou

contracts, is an obligation entered into by the owner of an estate which makes the estate responsible for its performance. Vide 2 Ball & Beatty, 223; 8 Com. Dig. *306, Appendix, h.

wills, devises, ig an obligation which a testator imposes on his devisee, as, if the testator give Peter, Blackacre, and directs that he shall pay to John during his life an annuit

international law, is a diplomatic representative or minister of an inferior grade, to whose care are confided the affairs of his nation. He has not the title of minister, and is g

Scotch law, is he in whose favour a decree suspended is pronounced, yet a decree may be suspended before a charge is given on it. Ersk. Pr. L. Scot. 4, 3, 7.

an ancient word which signified not only a charter or 7 in writing, but any signal or token by which an estate was held.

is a grant made by the sovereign either to the whole people or to a portion of: securing to them the enjoyment of certain rights. Of the former kind is the present charter of Franc

contracts, is a contract of affreightment in writing by which the owner of a ship or other vessel lets the whole, or a part of her, toa merchant or other person for the conveyance

Engl. law, an ancient writ, now obsolete, which lay against one’ who had charters of feoffment entrusted to his keeping, and who refused to deliver them. Reg. Orig. 159.

property, is the act of acquiring possession of animals fere nature by force, cunning or address. The hunter acquires a right to such animals by occupancy, and they become his prop

criminal law, torts. <A cheat is a deceitful practice, of a public nature, in defrauding another of a known right, by some artful device contrary to the plain rules of common hones

commerce, is one kept by persons who have accounts in bank, in which are printed blank forms of checks, or orders upon the bank to pay money. ‘CHEMISTRY, med. jur., is the science,

contracts, torts; this is a French word which signifies in that Janguage accord, agreement, compact. In the English statutes it is used to denote a bargain or contractin general. I

officer, is the president of a supreme court; as, the chief justice of the United States, the chief justice of Pennsylvania, and the like. Vide 15 Vin. Ab. 3. CHIEF CLERK IN THE DE

POSTHUMOUS, are those who are born after the death of their fathers, Domat, Lois Civ. liv. prel. t. 2, 8. 1,§7; L. 3, § 1, ff de inj. rupt. In Pennsylvania the will of their father

this is a corruption of the French word Chemin, a highway. It is used by old writers. Com. Dig. Chimin.

conveyancing, signifies a deed or public instrument in writing; chirographs were anciently attested by the subscription and crosses of witnesses; afterwards, to prevent frauds and

Preference either of: a person or thing, to one or several other persons or things. Election, qe V.

property. This is a French word, signifying thing. In law, it is applied to personal property, as choses in possession, are such personal things of which one has possession; choses

In a moral or spiritual sense, this word signifies a society of persons who profess religion; and in a physical or material sense, the place where such persons assemble. It is not

Vide Courts of the United States.

are certain divisions of the country, appointed for particular judges to visit for the trial of causes, or for the administration of justice. See 3 Bl. Com. 58.

practice, remedies, is where a party by bringing an action, gives an action to the defendant against him. As supposing the obligee of a bond covenanted that he would not sue on it,

Scotch law, isa term applied to the time allowed for bringing proof of allegiance, which being elapsed, if either party sue for circumduction of the time of proving, it has the eff

_ persons, practice, are bystanders, from whom jurors are to be selected when the pane] has been exhausted. Vide Tales de circumstantibus. ' CIRCUMVENTION, — Zorts, Scotch law, any

practice, is a writ issued out of a court of competent jurisdiction commanding a person therein named to appear and do something therein mentioned, or to the ecclesiastical law, th

This word has various s. 4, provides, that the president, significations. 1. It is used in con- vice president, and all civil officers tradistinction to barbarous or sav- of the Un

A claim isa challenge of the ownership of a thing which a man has not in possession, and is wrongfully withheld by another. Plowd. 359, see 1 Dall. 444; 12 8. & R. 179. In Pennsylv

That which done in secret and contrary te but{law. Generally a clandestine act cases of the limitation of actions, will prevent the act from running.

The constitutions of Clarendon were certain statutes made in the reign of Henry the Second, of England, in a parliament holden at Clarendon, by which the king checked the power of

contracts. <A particular disposition which makes part of a treaty, an act of the lecislature, a deed, written agreement, or other written contract or will. When a clause is obscure

eccl. law, is’ the name usually given to the collection of decretals or constitutions of Pope Clement V. which was made by order of John XXII. his successor, who published it in 13

commerce, contract, isa person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. He differs from a factor

officer, is a person appointed to an othice generally to write or register what has been done therein; as, clerk of the court. Some clerks however have little or no writing to do i

or close writs, Engl. law, are writs containing grants from the crown, to particular persons, and for particular purposes, and, not being intended for public inspection, are closed

eccles. law. A. fellow helper or assistant; particularly applied to the assistant of a bishop.

French law. By this word is understood an unlawful agreement among several persons, not to do a thing except on some condition agreed upon. The most usual coalitions, are, Ist, tho

commerce. In England the office af the custom house, where the goods to be exported are entered, is so called; also the custom house seal, or the parchment sealed and delivered by

commerce. In the English law this word signifies, 1, the custom-house seal; 2, the office at the custom where cockets are tobe procured. Crabbe’s Tech. Dict.

legislation, signifies in general a collection of laws; it is a name given by way of eminence to a collection of such laws made by the legislature. Among the most noted may be ment

A digest of the laws of Hayti enacted by Henri, king of Hayti. It is based upon the Code Napoleon, but not servilely copied. It is said to be judiciously adapted to the situation o

civil law. A collection of the constitutions of the emperors from Adrian to Justinian; the greater part of those from Adrian to Constantine are mere rescripts; those from Constanti

The Code Civil of France, enacted into law during the reign of Napoleon bore his name until the restoration of the Bourbons, when it was deprived of that name and is now cited Code

In 1822, Peter Derbigny, Edward Livingston and Moreau Lislet were selected by the legislature to revise and amend the civil code, and to add to it such laws still in force as were

crim. law, con- The forcible inducement to act. It is positive or pre- 1. Positive or direct coertakes place when q man is by force: compelled to do an contrary to his will; for ex

A term used in the civil law to signify those persons who are connected together by the ties of kindred; but sometimes it means those who are related to others on the side of women

civil law, signigenerally the kindred which exbetween two persons, who are by ties of blood or family, or Cognation is of three kinds; civil, or mixed. Natural kindred of those who

English law, is one who passes or acknowledges a fine of lands or tenements to another, in distinction from the cogntsee to whom the fine of the lands, &c. is acknowledged.

pleading, is where the defendant in an action of replevin, (not being entitled to the distress or goods which are the subject of the replevin,) acknowledges the takin, -of the dist

practice, signifies the hearing of a thing judicially; also the acknowledgment of a fine.

contr. pleading, is a written confession of an action by a defendant, subscribed but not seal. ed, and authorising the plaintiff to sign judgment and issue execution, usually for a

living together. The law presumes that husband and wife cohabit together, even after a voluntary separation has taken place between them; but where there has been a divorce a mensa

a head-dress. In England there are certain serjeants at law, who are called serjeants of the coif, from the lawn coif they wear on their heads under their thin caps when they are c

commerce, contracts. A piece of gold, silver or other metal stamped by authority of the government, in order to determine its value, commonly called money. Co. Litt. 207; Rutherf.

© collateralis, from latus, a side; that which is sideways and not direct.

contracts, is that which is made over and above the deed itself.

ertdence, are facts unconnected with the issue or matter in dispute. As no fair and reasonable inference can be drawn from such facts they are inadmissible in evidence, for at best

practice, pleading, is where a criminal convict pleads any matter, allowed by law, in bar of execution, as pregnancy, a pardon, and the like.

descent, distributton, are those who descend from one and the same common ancestor, but not from one another; thus brothers and sisters are collateral to each. other; the uncle and

contracts, is a separate obligation which is attached to another contract, and is to guaranty its performance. By this term is also meant the transfer of property or, of other cont

contracts, descent, 1s where the heir’s title to the land neither was nor could have been derived from the warranting ancestor; and yet barred the heir from ever claiming the land,

deacent, distribution, is where a portion or money advanced to a son or daughter, is brought into hotch-pot, in order to have an equal distributive share of the ancestor’s personal

Where on the same label, one seal was set on the back or reverse of the other, this was said to be a collation of seals. Jacob. _ COLLECTOR, officer, one appointed to receive taxes