A New Law Dictionary and Glossary

[L. Lat. camiwm siccum.'\ In English law. A term formerly in use, said to have been invented for the purpose of disguising and covering usury; something being pretended to pass on

In Scotch law. Quantities of com paid to a mill» whether the payers grind or not. Wharton's Lex.

[L. Lat. redditus siccus.] The same as rent seck. (q. v.) 2 Bl. Com. 42. Duas uxores eodem tempore habere non licet. It is not lawful to have two wives at the same time. Inst. 1. 1

An abbreviation of Dubitatur, (q. T.) used in the reports.

Lat. It is doubted, Frequently used in the books, ivhere a point is doubted.

Fr. Doubled; repeated; duplicate. Kelkam,

Lat. (You bring with you.) In practice. A term applied to certain writs where a party summoned to appear in court is required to bring with him some piece of evidence, or other thi

A court of special jurisdiction in England, held before the chancellor of the duchy of Lancaster, or his deputy, concerning all matter of equity relating to lands holden of the kin

See Castigatary, Oucking Stool,

[Lat. debitum, from debere, to owe.] That which one owes; that which one ought to pay, or do to, or for another.* Owed, or owing, as distinguished from ayable. A debt is often said

Lat. [from duo, two.] In old English law. The judicial combat, or trial by battel. Bract. lib. 3, tr. 2, c. 21. fol. 141 b. Spelman. A single combat between two, to prove the truth

Lat. [from dux, q. v.] A duchy. Reg. Orig. 153. A dukedom. Spelman, voc. Dux.

[Lat. dux, from ducere, to lead.] The first title of dignity in Great Britain, after the royal family. 1 Bl. Com. 397. 3 Steph. Com. 1, 2. Camden Brit. tit. Ordines. Derived from t

In due or proper form, or manner. Regularly; upon a proper foundation, as distinguished from mere form. See 15 ATees, <t W. 465, 469.

L. Lat. To eain or lose. Empiiatic words in the old warrants of attorney. Jieg, Orig, 21, et seq. Sometimes expressed in English, " to lose and gain." Phwd. 201. AD MA JUa L. Lat.

Lat. While, A word of limitation in old conveyances. Co. Liu, 235 a. 10 Co. 41 b.

Lat While he conducted himself well; during good behaviour. 2 Bl. Com. 252. The unplied condition on which a feud or fee was originally given. Id. See Quamdm bene se gesserint,

Lat While the work glows; in the heat of action. 1 Kenfa Com. 120.

Lat. (While he was within age.) In old English practice. A writ of entry which formerly lay for an infant after he had attained his full age, to recover lands which he had aliened

Lat. (While he was in prison). In old English practice. A writ of entry which lay to restore a man to the possession of lands which he had aliened under duress of im- JRoscoe's Hea

L. Lat. (While he was of unsound mind). In old English practice. A writ of entry which lay for a man who had aliened his lands while he was of unsound mind, to recover them from th

L. Lat. A debt due at present to be paid in future. A term applied to obligations which are absolute or perfect when contracted, though not payable before a certain future day, as

Lat. Provided that; so that. A word of limitation in old conveyancing. 10 Co. 41 b. Co, Litt. 236 a. One of the apt words of reserving a rent. Co. Litt* 47 a. Dummjodo solvent tc U

Lat. While sole, or single. Bum solafuerit; while she shall remain sole. Dum sola et casta vixerit; while she lives single and chaste. Words of limitation in old conveyances. Co. L

Sax. [L. Lat. duna, dunum.] A hill of small elevation; a low hiU. Domesday. Co. Litt. 4 b. Places in England, the names of which end in dun, or don, (Lat. dunum,) are supposed to h

Lat. A hill or rising ground. Spelman. See Dun. Duo non possunt in solido unam rem possidere. Two cannot possess one thing in entirety. Co. Litt. 368. Duo sunt instrumenta ad omnes

L. Lat. The trial by twelve men, or by jury. Applied to juries de medietate lingucB. Molloy de Jur. Mar. 448.

Lat. [L. Fr. dozyme meyn.] The twelfth hand; twelve hands, or twelve-hand. The oath of twelve men, (including the party himself, though Britton makes it to be exclusive,) by whom a

Lat. A jury of twelve men. Cowell. A dozen. Duodena panis; a dozen of bread. Towns. PI. lYO. De tribus duodents fili; of three dozen of thread. Id. 104.

Lat. (A double complaint, or double quarrel.) In English ecclesiastical law. A complaint in the nature of an appeal, made by a clerk, or other person, to the archbishop of the agai

Lat. Double the value of the marriage. 2 BL Com. 10. LitL sect. 110. Co. Litt. 82 b. See Maritagium.

Lat. To double or repeat; to make twice or in two parts, as the old charters were executed. Si chartae communes sint, duplicari debent, quod quilibet habeat partem suam; if the cha

[Lat. duplicatum, from duplicare, to double.] That which is doubled, or twice made; an original instrument repeated. A document which is the same as another in all essential partic

Lat. [from duplicare, to double, or follow as the second in order.] In the civil law. The defendant's answer to the plaintiff's replication; corresponding to the rejoinder of the c

Lat. A doubling. I»«l»Ilcacl0iie Hi p Mi»i%ilititU» lex bob patit«r« The law does not allow the doubling of a possibility. 1 Bol. R. 321.

Lat. Double right. Bract, fol. 283 b. See Droit droit.

In pleading. That fault which consists in employing two or more distinct allegations or answers, where one is sufficient.* Steph. Plead. 261, 262. See Double Plea.

Lat. Double. Damnain duplo; double damages. Stat, Westm. 2, c. 26.

Lat. Two pounds; the double of anas; twenty-four undm. Calvin* s Lex. Jurid. Inst, 2. 14. 8. Heinecc. El. Jur. Civ. lib. 2, tit. 14. § 641.

Lat. During. A word of limitation in old conveyances. Co. Litt, 234 b. Durante viduitate; during widowhood. Id. ibid. Durante virginitate; during virginity. Id. ibid. Durante vita;

Lat. During absence. 2 Bl. Com. 603. See Administration.

Lat During good pleasure. The tenure by which the judges in the superior courts in England formerly held their commissions. 1 Bl. Com. 267, 342. 2 Steph. Com, 492. DURANTE MINORE^T

Lat. During widowhood. 2 Bl. Com. 124. See Durante.

[L. Fr. duresse; Lat. durities, duritia.] Constraint, compulsion. The state of compulsion or necessity in which a person is induced, by the restraint of his liberty, or menace of b

The wrongful imprisonment of a person, or the illegal restraint of his liberty, in order to compel him to do some act. 1 Bl. Com. 130, 131, 136, 137. 1 Steph. Com. 187. 2 Kent's Co

One who subjects another to duress; one who compels another to do a thing, as by menace. A word used by Lord Bacon. Bac. Max. 90, reg. 22.

Lat. Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to do some lawful act, or to co

Bursley. [from Germ. dorr, dry, and Sax. slege, a stroke.] In old European law. Blows without wounding or bloodshed; dry blows or beating. Spelman.

Duzim. L. Fr. Twelfth. Kelham. DU8KES A CHOU QE. L. Fr. Until that. Kelham.

in a large sense, is a word very nearly equivalent to taxes, embracing all impositions or charges levied on persons or things. Story on the Const. (Abr.) § 474. In its more restrai

Lat. [from duo, two, and viri, men.] A general appellation among the ancient Romans, given to any magistrates elected in pairs to fill any office, or perform any function.* Brande.

Lat. [from ducere, to lead.] A leader or military commander. In feudal and old European law. Duke; a title of honor, or order of nobility. I Bl. Com. 397. Crabh*s Hist. 236. The or

[L. Lat. domus mansionalis.'l In conveyancing, includes all buildings attached to, or connected with the house. 2 Milliard's Real Prop. 338, and note. In the law of burglary. A hou

In the law of evidence. Declarations made in extremity, {in extremis), when the party is at the point of death, and when every hope of this world is gone; when every motive to fals

In Scotch law. A bankrupt. 1 Forbes' Inst, part 2, b. 8, ch. 1, tit. 10. E. E, at the commencement of words having the first syllable En or Em, properly denotes a derivation from t

[Sax. eorl, eorle; L. Lat. comes, eorla; Fr. comte; L. Fr. countee^ The most ancient title of nobility in England, and formerly the highest, (answering to the Lat. comes;) but now

Lat. With that intent Held not to make a condition but a confidence and trust. Dyer^ 138 b.

Ealdorman. Sax. (X. Lat. alderm^nnus; Lat. senior. "] Elaqr man, or elder. A very ancient title, applied among the Saxons to a great variety of officers, (see Aldermannus;) the ten

Sax. [Lat. senior.] In Saxon law. Elder. A term generally used to express age, and sometimes office, though the latter was usually denoted by ealderman (q. v.) Spelman, voc. Alderm

[L. Lat. eomitatus,'] The office, jurisdiction, or dignity of an earl, {comes). An earldom onginally consisted in dignity, office, and the possession of lands. 1 Ld. Raym. 10, 13.

[L. Lat. comes mariscallus,] A great officer of state in England, who anciently presided in the court of chivalry, or court of honor. 3 Bl, Com. 68. 4 Id, 267. Since the disuse of

[Lat. arrha, arra, arras.] A part of the price of goods sold, or a portion of the goods themselves, delivered by one of the parties to a contract of sale to the other, in order to

[L. Lat. aisiamentum, aysiamentum, from Fr. aisS, a convenience.] A liberty, privilege or advantage in land, without profit, existing distmct from an ownership of the soil. Prentis

[L. Lat. terminus Pascka^ In English practice. One of the four terms of the superior courts in England, formerly called a moveable term, but now fixed, beginning on the 15th April,

Lat. (Quod eat, &c.; that he go thereof without day.) In practice. Words anciently used in recording a judgment rendered for a defendant, as the corresponding English words still a

In English criminal law. The ofifence of listening under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous ts

Lat. [from Gr. ekklesia, from ekkaleo, to call out; L. Fr. esglise.] In English law. A church; a place of religious worship, (templum, seu domus qua fideles conveniunt, ritus divin

Belonging to, or connected with the church. Tom Hn*. ECCLESIASTICAL CORPORA-

[L. Lat. curiae christianitatis.] Courts held in England by the king's authority, as supreme head of the church, for the consideration of matters chiefly relating to religion. Jaco

Thatspecies of law which is administered by the ecclesiastical courts. The ecclesiastical law of England is compounded of these four main ingredients; the civil law, the canon law,

pi. ECDICL [from Gr. exdixos, from ^x, and ^Ixi^, justice.] The attorney, proctor, or advocate of a corp<»«tion. Episcoporum ecdici; bishops' proctors; church lawyers. 1 Beeves' Hi

Lat. [from edicere, to publish or declare.] In the Roman law. A mandate, ordinance, or proclamation. An ordinance, or law, enacted by the emperor without the senate; belonging to t

Aeditus. L. Lat. [from edere, to put forth, or publish.] Put forth, published or promulgated; passed as a law. Beg. Jud. 22. Contra formam sta- <»<»— editi et provisi; against the

Personal estate or property. This word has been held to be more comprehensive than the word goods, as including fixtures, which "goods" will not include. 7 Taunt. 188. 4 J. B. Moor

Lat. prom effringere, to break open or out.] In civil and old European law. Burglars; housebreakers; those who break into houses to steal; {qui/urandi causd domos effringunt,) Spel

Lat. In old English law. The shedding of blood; (Sax. bloodwit.) The mulct, fine, wite, or penalty imposed for the shedding of blood, which the king granted to many lords of manors

Fr. Equality. Litt. sect. 253.

Lat. Going forth and issuing out of (land). Toums. PL 17.

Lat. [from egredi, to go forth.] A going forth; egress. Stat, Mert, c. 4. See Accessus, Ingressus. El Incai Mblt pr«bati« qai dicic, ■•■ «■! ■ec«c. The proof lies upon him who affi

Eisne, Aime. L. Fr. The eldest, or first bom. Litt. sect. 399. See Bastard eigne.

Fr. [from eigne, elder; L..Lat. einecia, aisnetia.j In old English law. Eldership. The privilege of an eldest sister of choosing first on a partition of lands held in coparcenary.

Esnecia. L. Lat. [L. Fr. eignesse.] In old English law. Eldership; the right or privilege of the first born. Cowell. See Eignesse, Aisnecia.

Enetius, Eniius, Eneyus, Aesnecius, L. Lat. [from eigne, or aisne.] The eldest or first born; (Lat. primogenitus.) Pars einetia; the part or share of the eldest sister. Spelman.

Fr. In this that; inasmuch as. Britt. c. 54. Eins eeo is translated by Kelham, when, unless, the same, rather, until.

Eyre, Eier, Eyer. L. Fr. [from Lat. iter, by dropping the t.] In old English law. A journey anciently made by the justices, called justices in eyre, or justices itinerant, (justiti

Aisne. L. Fr. The eldest. Co. Litt. 166 b.

Einetia. L. Lat. The part or share of the eldest. Co. Litt, 166 b. See Einecia, Einetius.

Fr. To go out of; to issue. Kelham.

[from Lat. ejicere, to throw out.] To cast, or throw out; to oust, or dispossess; to put or turn out of possession. 3 Bl. Com. 198, 199, 200.

[L. Lat. ejectio, from ejicere, q. v.] A turning out of possession. 3 Bl. Com. 199.

Lat. [L. Fr. ejectment de garde.^ In old practice. Ejectment of ward. A writ which anciently lay against him who turned out a guardian from any land during the minority of the heir

A species of mixed aetioa whicb lies to recoyer the possession of lands, with damages and costs for the wrongful withholding of them; being the principal method now in use for tryi

Lat. [from ejicere, to throw out, or up.] That which is thrown out of, or up by the sea (quod a mari ejicitur; ejectus maris;) wreck. Cart. Hen. III.

Fr. Ejectment of ward. See Ejectwne eustodia,

Lat. [from «, out, and>acer0 to throw.] To throw or cast out; to eject or dispossess. Bract, fol. 165, 166. Dejieere, ^q. v.) was more commonly used in the civil law. Calvb, quotin

Lat. Of the same kind or nature. 1 Powell on Devises, 609, note. 1 Atk. 462. Sudden's Law of Prop. 220, 222.

Lat. [from labor.] To gain, acquire, or purchase, as by labor and mdustry. Elaboratus; property acquired by labour. Spelman.

Lat. \lvom dargare, to enlarge.] An enlargement. Reg. Grig. 250 b, 255. Elargatio mansi vel curia', the enlargement of a manse, or manor, or court, by tidcing in more land. Id. ibi

Lat. [from eligere, to choose.] Election; choice. Electio est interna, libera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate; election

[L. Fr. eleccion; Lat. electio, from eligere, to choose.] Choice; election; selection. Election is where a man is left to his own free will, to take or do one thing or another, whi