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

contract, civil law, is a general term which comprehends all kinds of contracts, treamore persons to form with each other an engagement, or to dissolve or change one which they had

_ legislatton. This term is applied toa meeting of the delegates elected by the people for other purposes than usual legislation. It is mostly used to denote an assembly to make or

torts, is the turning or applying the property of another to one’s own use. Whena party takes away or wrongfully assumes the right to goods which belong to another, it will in gene

contracts, is the transfer of the title to land by one or more persons to another orothers. By the term persons here is understood not only natural persons but corporations. The in

One who makes it his business to draw deeds of conveyance of lands for others. It is usual also for conveyancers to act as brokers for the buyer and seller. In these cases the conv

One who has been condemned by a competent court. This term is more commonly applied to one who has been convicted of a crime or misdemeanor. There are various local acts which puni

practice. A condemnation. In its most exten. sive sense this word signifies the giving judoment against a defendant, whether criminal or civil. In a more limited sense, it means th

Eccles. law. This word literally signifies called together. The assembly of the representatives of the clergy.

tncorporeal hereditament, is an allowance of meat, drink, money, clothing, lodging, and such like necessaries for sustenance. 1 Bl. Com. 283; 1 Ch. Pr. 225.

an officer whose principal duty it 1s to hold an inquisition, with the assistance of a jury, over the body of any person who may have come to a violent death, or who has died in pr

an epithet for any thing belonging to the body, as, corporal punishment, for punishment inflicted on the person of the criminal; corporal oath, which isan oath by the party who tak

It was once decided that before a seller of personal property could be said to have stopped it in transitu, 80 as to regain the possession of it, it was necessary that it should co

a latin word which of the crime; corpus juris canonis, the body of the canon law; corpus juris civilis, the body of the civil law.

is an act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but is more comprehensive; because an act’ may b

English crim. law, is the incapacity to inherit or pass an inheritance, in consequence of an attainder to which the party has been subject. When this consequence flows from an atta

forts. Deceit, cific name. Vide Ayl. Pand. 103; Dane’s Ab. Index, h. t.

practice, the expenees of a suit or action which may be recovered by lawfrom the losing party. At common law neither the plaintaff nor the defendant could recover costs eo nomine,

estates, is nearly synonymous with messuage or house; it imports @ smaller and inferior building. 1 Thom. Co. Litt. 216. By the grant of a cottage, it is said, passes a small dwell

Lying down. Animals are said to have been levant. and couchant, when they have been upon another person’s land, damage feasant, one night at least. 3 BI. Com. 9.

legislation. This ‘word signifies an assembly. It was used among the Romans to express the meeting of only.a part of the people, and that the most respectable, in opposition to the

Advice given to another as to what he ought to do or not to do. ‘Tocounsel another to do an unlawful act, is to become accessary to it, if it be a felony, or principal, if it be tr

Engl. law, a prison of that name in the city of don.

pleading. The tender of an issue to be tried by jury, is a formula called the conclusion to the country. This conclusion is in the following words, when the issue is tendered by th

practice, a court is an sence of the judges, or a competent number of them, and a clerk or prothonotary, at the time during which, and at the place where it is by law authorised to

INSTANCE. Vide Anstance Court.

PRIZE. Vide Prize Court. COURTS OF THE UNITED

is a court authorised by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article, 64, directs that general courts-martial, may consi

ecclesiastical law, is the most ancient consistory court belonging to the archbishop of Canterbury for the trial of spiritual causes. It is so called, because it was anciently held

Inherent covenants are such as are joyed; shall be kept in repair; shall not be aliened, or, if sold, that the lessor shall have the first refusal; to make further assurances and t

remedies. The name of an action instituted for the recovery of damages for the breach of a covenant or promise under seal. 2 Ld. Raym. 1536; F. N. B. 145; Com. Dig. Pleader, 2 V 2;

AFFIRMAT-

EXECUTED. Where the covenant relates to an act already done, it is called a covenant executed. Ship. Touch. 161.

JOINT. A joint thing together. In this case although there are several covenantors there is but one contract, and if the covenant be broken, all the covenantors living must be sued

SEVERAL. A several covenant is one entered into by one person only. It frequently happens that a number of persons enter into the same contract, and that each binds himself to perf

An executory covenant is one to be ee at a future time. Shep. ouch. 161.

This is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees ‘ot to sue the party liable to such action. Covenants of this

tn the disjunctive or alternative, are those which give ing performed. one of two or more things at his election; as a covenant to make a. lease to Titius, or pay him one hundred d

IMPLIED. Implied covenants depend for their existence on the intendment and construction of law. There are sonre words which of themselves do not import an express covenant, yet be

criminal law. Is the common name for the statute 22 & 23 Car. II. c. 1; it having been enacted in consequence of an assault on Sir John Coventry in the street, and slitting his nos

BARON, a wife so called, from her being under the cover or protection of -her husband, baron or lord.

The state or condition of a’ married woman. During coverture, the being of the wife is merged, for many purposes, into that of her husband, she can, therefore, in general, make no

A toll paid for drawing merchandize out of vessels to the wharf, so called because the instrument used for the purpose is calleda crane. 8 Co. 46. CREDENTIALS international law, ar

worthiness of belief. Toentitle a witness to credibility, he must be competent. Vide Competency. Human _ testimony can never acquire the certainty of demonstration. Witnesses not u

com. law, contracts, is the ability to borrow on the opinion conceived by the lender that he will’ be repaid; this definition includes the effect and the immediate cause of credit;

persons, contracts. A creditor is he who has a right to require the fulfilment of an obligation or contract. Creditors may be divided into personal and real. The former are so call

mar. law, is defined to be a place where officers commonly are or have been placed for prevention only, and which are not in general lawful places of exportation or importation wit

relating to, or having the character of crime, as, criminal law, criminal conversation, &c. It also signifies, substantively, a person convicted of a crime; as, the criminal] is to

is the art of examining and judging of the character of an intellectual work; usually of writings or books; when the criti cism is reduced to writing, the wri- Liberty of criticism

contracts, is one who having no interest in the land, works it in consideration of receiving a portion of the crop for his labour. 2 Rawle, R. 12.

contracts, a mark made by persons who are unable to write, mstead of their names. When properly attested, and proved to have been made by the party whose name is written with the m

prac. tice, is the examination of a witness by the party who did not call him. very party has a right to cross examine a witness produced by his antagonist, in order to test whethe

This word has F ifferent meanings as it is applied to diferent things. Between ‘hocba and wife those acts which affect the life, the health or even the comfort of the party aggriev

mar. law, is a voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail through any particular track of the sea, at a certain is usually termed

practice. An officer in a court whose duty it is to make various proclamations ordered by the court.

a term in French maritime law. Affreightment of a vessel @ cuetllette is a contract by which the captain obligates himself to receive a partial cargo, only upon condition that he s

vide Legacy accumulative; and 8 Vin. Ab. 308; 1 Supp. to Ves. jr. 133, 282, 332.

persons, contracts, is one who has been legally appointed to take care of the interests of one who on account of his youth or defect of his understanding, or for some other cause,

offices, contracts, in the civil law, is the power given by authority of law to one or more persons to administer the property of an individual, who is unable to take care of his o

practice, the court will consider the matter. This entry is made on the record when the court wish to take time to consider of a case before they give a final judgment, which is ma

chancery practice. A bill to marshal securities is one which is filed against a party who has two funds by which his debt is secured, by a person having an interest in only one of

OR COURTESY, by the laws of Scotland, is a life-rent given by law to the surviving husband of all his wife’s heritage of which she died infeft, if there was a child of the marriage

vide Estate by the curtesy.

estates, is the space situated within a common enclosure belonging to a dwellinghouse. Vide 2 Roll. Ab. 1, 1. 30; Com. Dig. Grant, (E 7), (E 9); Russ. & Ry. 360; Ib. 334, 357; Ry.

is the detainer of a person by virtue of a lawful authority. To be in custody is to be lawfully detained under arrest. Vide 14 Vin. Ab. 359; 3 Chit. Pr. 355. In another sense custo

This term is usually applied to those taxes, which are payable upon goods and merchandise imported or exported. Story, Const. § 949; 6 Bac. Ab. 258.

construction. These are old French words which signify asnear as. In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise t

A construction of wood, stone, or other materials made across a stream of water for the purpose of confining it; a mole. The owner of a stream, not navigable, may erect a dam acros

practice. The i demnity given by law, to be recovered from the wrong doer by a person who has sustained an injury, either in his person, property or relative rights, in consequence

DOUBLE OR

LAYING, pleading. In personal and mixed: actions, (but not in penal actions, for obvious reasons,) the declaration must allege, in conclusion, that the injury is to the damage of t

SPECIAL, torts. Special damages are such as really took place, and are not implied by law; these are either superadded to general damages arising from an act injurious in itself, a

tn practice, is the act of the plaintiff put upon the record, whereby he abates or remits the excess of damages found by the jury beyond the sum laid in the declaration. See 1 Saun

mar. law. ‘This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the goods therein mentioned to the consignee, whois named, the dangers of the

A corruption of the French word dernier, the last. It is sometimes used, as, darrein continuance, the last continuance. When any matter has arisen in discharge of the defendant in

is the designation or inof the time when it was made. This word is derived from the latin, datum, because when deeds and agreements were written in that language, immediately befor

is a division of time. It is natural, and then it consists of twenty-four hours; or artificial, which contains the time from the rising until the setting of the sun, except a short

mer. law, is an account book, in which merchants and others make entries of their daily transactions. This is generally a book of original entries, and as such the sale and deliver

OR DAY WRIT, in English practice, is a rule or order of the court, by which a prisoner on civil process, and not committed, is enabled, in term time, to go out of the prison, and i

Eng. practice, are days of appearance im the court of Common Pleas, usually called bancum. They are the distance of about a week from each other, and are regulated by some festival

are certain days after the time limited by the bill or note, which the acceptor or drawer has a right to demand for payment of the bill or note; these days were so called because t

The following effects follow the death of a partner; namely, 1, The partnership is dissolved, unless otherwise provided for by the articles of] ership; Gow’s Partn. 429; 2, he repr

English law, is that portion of the personal estate of a deceased man which remained after his wife and children had received their reasonable parts from his estate; which was, if

practice. A aid proceedings, which are deemed to be well done for the present, or until an exception or other avoidance; that is, conditionally, and in that meaning is the phrase u

Isa certificate given in pursuance of law, by the collector of a port of entry, for a certain sum due by the United States, payable at a time therein mentioned, to an importer for

pleading. He owes and detains. In an action of debt the form of the writ is either in the debet and detinet, that is, it states that the defendant owes and unjustly detains the deb

accounts, commerce; a term used in book-keeping to express the left hand page of the jedger, to which are carried all the articles supplied or paid on the subject of an account, or

This phrase is used to signify that the goods of a deceased person have not all been administered. When an executor or administrator has been appointed, and the estate is not fully

contracts, is a sum of money due by certain and express agreement, 3 Bl. Com. 154. In a less technical sense, as in the * act to regulate arbitrations and proceedings in courts of

puntshment, the punishment of putting a person to death by taking off his head.

practice. In tales, i. e. to appoint ten such men for the supply of jury men, when a sufficient number do not appear to make up a full jury.

pructice, is a judgment given by a competent tribunal. The French lawyers cal] the opinions which they give on questions propounded to them, decisions. Vide Inst. 1, 2, 8; Dig. 1,

a term used law. A decisory oath is decision of the cause. It may be} deferred in any kind of civil contest whatever, in questions of possession or of claim; in personal actions an

is the act by which an individual acknowledges that a property, the title of which he holds, does in fact belong to another, for whose use he holds the same. The instrument in whic

_ evidence, are the statements made by the parties to a transaction, in relation to the same. These declarations when proved are received in evidence for the purpose of illustratin

is that which explains something, without contain- — ing any new provision or obligation, as, a declaratory law.

med. jurisp. The operation of boiling certain ingredients in a fluid, for the purpose of extracting the parts soluble at that temperature. Decoction also means the product of this

practice, is the judgment or sentence ofa court of equity. It is either interlocutory or final. The former is given on some plea, or issue arising in the cause, which does not deci

conveyancing. I have given. This word amounts to a warranty in law, when it is in a deed; for example, if in a deed it be said, I have given, &c. to A B, this is a warranty to him

contracts. <A deed made by one party only is not indented, but polled or shaved quite even, and is, for this reason, called a deed-poll or single deed. Co. Litt. 299, a. A deed pol

practice, contracts. Is the reduction of the claim of one of the contracting parties against the other, by deducting from it a smaller claim due from the former to the latter. The