A New Law Dictionary and Glossary

Lat. (The extent or survey of a manor.) The title of a statute passed 4 Edw. I. st. 1; being a sort of direction for making a survey or terrier of a manor, and all its appendages.

Extensio. L. Lat. [from extendere, q. v.] In old English law. An extending, surveying or laying out of lands. Bract, fol. 72, 76 b.

Lat. From, by or under a testament, or will. Inst. 2. 9. 7.

[from Lat. extinguere, to destroy or put out.] Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co. Litt. 147 b. See Extinguishment.

See Extinguishment. Extincto subjecto, tollitur adjunctum. When the subject is extinguished, the incident ceases. Thus, when the business for which a partnership has been formed is

A putting an end to a thing, as an estate or right, usual-. ly by consolidating or uniting it with another.*— The annihilation of a collateral thing or subject, in the subject itse

Lat. In old English law. To extirpate or root out; to destroy utterly, or from the foundation. Applied in old writs to the destruction or demolition of houses. Unam aulam — quatuor

In English law. A species of destruction or waste, analogous to estrepement. See Estrepement^ Extirpare,

Lat. In old records. To grub wood-land and reduce it to arable or meadow; " to stock up," as it is rendered in Cowell,

[from Lat. extorsio, from extorquere, to wring or wrest from.] In criminal law. An unlawful or violent wringing of money or money-worth from any man. Cowell. A taking of more than

Lat. [L. Fr. hors, dehors.] Without; out of; beyond. Applied to things and places; its opposite being in or intra. Calv. Lex. Jur. Except; (as applied to persons.) Id. A term by wh

In Scotch law. The certified copy, by a clerk of a court, of the proceedings in an action carried on before the court, and of the judgment pronounced; containing also an order for

Lat. In old English law. Extracts; estreats. Stat, Westm. 2, 0. 8. See Estreat, Profits arising from amercements. Extracta curice; the issues or profits of holding a court, arising

[from ex, from or out of, and traditio, a delivery.] Delivery from one nation or state to another. Particularly applied to the delivery by one nation or state to another, of fugiti

Not forming a part of a woman's dowry. A term applied to a species of a wife's separate property. Code of Louis. Art. 2315.

Lat. The same with forisfamiliatits, (q.v.) Spelman.

Lat. [L. Fr. hors de son fee,] Out of his fee; out of the seigniory, or not holden of him that claims it. Co. Litt, 1 b. Reg, Orig. 97 b.

L. Lat. [from Fr. extrayeur, or Lat. extra, without.^ In old English law. An animal wandering or straying about, without an owner; an estray. Spelman. LL. Inas, c, antepenult, cite

[from Lat. extra, beyond, and judicium, judgment or due course of law. See £xtra judicium.'] Out of the ordinary course of law; out of the regular order of judicial procedure; beyo

Lat. Out of court. Sive in jtuiieio, sive extra judicium; whether in court, or out of court. Inst. 4. 11. 4. Not by a judicial proceeding; not by due course of law. Quce non in jud

Lat. Beyond the law; more than the law requires. Injure, vel extra jus. Bract, fol. 169 b.

Lat. Out of the law; out of the protection of the law. Extra legem positus est civiliter mortuus; one who is put out of the law [outlawed] is civilly dead. Co. Litt. 130.

Lat. [from «c/ra, without,] In old English law. A stranger or foreigner; one who is bom out of the king^ dominions, {qui extra terram, i. e. potestatem regis, natus est!) *J Co. Id

Lat. Across. Ex transversa via; across the way. Towns. Pl. 31. See A latere. Ex turpi causa non oritur actio. An action does [can] not arise out of a base [illegal, or immoral] con

[from extra, without, and parochia, a parish.] Out of a parish; not within the bounds or limits of any parish. 1 Bl. Com. 113, 284.

Lat Beyond the four seas; out of the kingdom of England. 1 Bl. Com. 467. See Beyond sea^ Four seas.

Lat. Beyond or without the territory. 6 Binney's R. 363. 2 Kent's Com, 407. KztrA terrii Ariiim jas diccati a«H p«retar iiapnae. One who exercises jurisdiction out of his territory

Lat, In the canon law. The title of the papal constitutions and decretal epistles of Pope John

Lat. From then; from that time; from thence; thereafter. Calv. Lex. Jur, Towns, PL 22. Extuncimperpetuum; from thenceforth forever, Meg. Orig. 289 b. Extune deinceps (or de ccetero

Lat. To throw off or renounce one's country or native allegiance; to expatriate one*s self. Ph Ulimore on Domidl, 18. See Expatriation.

Lat. In old English law. To exile or banish. Nullus liber komo^^ exuletur, nisi, <&c; no freeman shall be exiled, unless, &;c. Magna Charta, c. 29. 2 Inst. 47. E Y. [L. Lat. eia; L

Lat. From the bowels; from the interior or essential substance. Ex viseerihus causa; from the bowels or heart of the cause. 10 (7o. 24 b. Ex visceribus testamenti. 2 Metcalf's R. 2

Lat. By the visitation of God. 4 Bl. Com, 324. EX yiSU SCRIPTIONIS. L. Lat. From sight of the writing; from having seen a person write. A term employed to describe one of the modes

Eide, Aide. L. Fr. Aid; help; assistance. Par eyde de nostre court. Britt. c. 16. Aid, in the feudal law. Id. c. 27. A subsidy. Slat. Confirm. Chart, c. 6. 2 Inst. 628. Help. See E

Fr. To aid or help. Se purra il eyder par excepcions; he may help himself by exceptions. Britt. c. 104. Si mffy eyde Diea et ses (les) seyntz; so help me God, and his (the) saints.

Byne. L, Fr. Eldest. Fits eygne, Briit, c. 27. See AisM.

Fr. Eldest. FUU eyneue. Britt. c. 27.

Eyot, Eyet [dimin. of ey, an island; L. Lat. insuletta!\ A small island; an islet 2 Bl Com. 26 1. 1 Cra Ws Real Prop. 113. Schultes' Aquat. RighU, 94.

Eire, Eier, Eyer. L. Fr. A Eng, [Scotch ayre, ayr; from Lat. iter^ a journey.J In old English law. A jonmey; the journey or circuit of the king's justices. Britt. c. 2. See Eire. T

Fr. [Lat. itinerare.] To travel, or journey; to go about or itinerate. Britt. c. 2.

Lat. In old pleadings and records. To forge. Fabricavit et contrafecit; he forged and counterfeited. 2 Ld. Baym. 1462. 1 Salk. 342. Falsum factum fabricavit; he forged a false deed

In Eng Ush law. Lands given towards the maintenance, rebuilding or repairing of cathedral and other churches. Cowell. Blount. So called because given ad f abricam ecclesics reparan

Lat. In old European law. A contract or covenant. Used in the laws of the Lombards and Visigoths, to denote a nuptial contract, and a will; (fabula nuptiales seu testamentales.) Sp

Lat. [Fr. fairs.] To do, to make, to act; to cause (a thmg to be done.) An important word formerly in the language of writs and contracts, and the general language of the law. See

Lat. [from /a«r«, q. v.] You cause. An emphatic word in various writs, as of venire facias, fieri facias, scire facias, (qq. v.) Hence selected to express their names.

Lat. [from facere, (q. v.); L. Fr. fesaunt.] Doing, making or paying. One of the apt words of reserving a rent, used in ancient deeds. Co. Litt. 47 a. Applied usually to those serv

Lat. The face, outward appearance or color of a thing; the inspection or view of a thing. Prima fades; the first face or appearance. Prima facie; on the first view or color, (at fi

Lat. (I do that you may give.) In the civil law. A form of words used to express that kind of contract where a man agrees to do a thing for a price or thing to be given him by anot

Lat. (I do that you may do.) In the civil law. Words used to express that kind of contract where a person agrees to do some act for another, if the other will do some other act for

Lat. [from facere, q. v.] In old English law. He does or acts; it makes, or contributes to establish. Ad idem facit; it makes to the same thing; it goes to establish the same point

[Fr. condition en fait.] A condition expressed in a deed, (as a feoffment, lease, or grant,) in plain words, or legal terms of law. Cowell. Co. Litt. 201 a. See Condition expressed

[L.Lni. factum, q. v.] A thing done; a circumstance, event or occurrence. This word was anciently used almost exclusively as the synony me of act or deed; e. g. "accessary before a

Lat. (pi. of factum, q. v.) In old English law. Deeds. Facta armorum; deeds or feats of arms, that is, jousts or tournaments. Cowell, Facts. Facta et cants; facte and cases. Bract,

Lat. [from facere, q. v.] In old English law. A doing. Anciently applied to services done by a tenant. Bract. fol. 35 b.

Lat. In the civil law. The right, power or capacity of making a will; called factio activa. Inst. 2. 10. 6. Id. 2. 19. 4. Cooper's notes *488. The right or capacity of taking by wi

Lat. (abl. of factum, q. v.) In fact; by an act; by the act or fact. Ipso facto; by the act itself; by the mere effect of a fact, without any thing superadded, or any proceeding up

In mercantile law. A mercantile or commercial agent, who buys and sells goods for others on commission.* 2 Ken Cs C<ym. 622. Otherwise called a commission merchant, and a consignee

The tiilowance or commission paid to a factor by his principal. Russell on Factors, 1. Tomlins.

Lat. [from facere, to do, to make; L. Fr. fait, q. v.] A thing done; an act or deed. Occultum factum; a secret act. Bract. fol. 187 b. Initium facti; the beginning of the deed. Id.

Lat. A culpable act; a fault. Sine facto hcsredia; without fault of the heir. Inst. 2. 20. 16. An unlawful act; an act not founded in right or law; a wrongful act. See Ex facto, De

Lat. Fact, as distinguished from law, Facti non juris. Dig. 41. 2. 1. 3. A fact. Facta et casus. Bract, fol. 1 b. Factum probandum; a fact to be proved, the principal fact in a cas

Lat. In old English law. A deed; [a thing done in writing;] a conveyance or other written instrument, under seal, formerly otherwise termed eharta, and by the civilians literarum o

Lat. In old European law. A portion or allotment of land. Spelman.

[Lat. facultas.] Power or ability. In Scotch law. A power founded on consent, as distinguished from a power founded on property. 2 Kames' Equity, 265. In English ecclesiastical law

Lat. [Sax. feederfeh; from feeder, father, and feh, a gift.] In old European law. A gift or portion which a woman's father or brother gave her on her marriage. Spelman. LL. Longob.

Feida. L. Lat. [Germ. fehrde, feud; Sax. fah, enmity; fah, a foe.] In old European law. A combination of kindred, to revenge the death of any of their blood against the killer and

In practice. The failure to produce a reconi, after pleading it.* Where a defendant pleads any matter of record, and offers to prove it by the record, and the plaintiff denies that

[L. Lat. falsa placitatio.] In old practice. A fraudulent, false, or collusory manner of pleading, to the deceit of a third person. Termes de la ley. Stat. 34 & 35 Hen. VIII. c. 24

[Fr. feire, feyre; Lat. ferim nund%WB7[ A larger sort of market instituted iu England for the greater convenience of domestic trade and commerce, and held at certain times of the y

Fr. [Lat. facere.] To make or do. Faire sa ley; to make his law. Britt. c. 27. Faire satisfaccion. Id. c. 110. Faire gree; to make satisfaction. Id. c. 75. To do, or commit. Sauns

See Beaupleader.

In Scotch law. A solemn pledge; an oath. " To make faith " is to swear with the right hand uplifted, that one will declare the truth. 1 Forbes* Inst. part 4, p. 235. This phrase se

Fr. Evil doers; idle persons; vagabonds or vagrants. Stat. 7 Ric. II. c. 5. Term^ de la ley. Blount.

Lat. [from falcare, a scythe.] In old English law. To mow. Falcare prata; to mow or cut grass in meadows laid in for hay. A customary service to the lord by his inferior tenants. K

In Roman Jaw. The Falcidian law. Inst. 2. 22. See Folcidian Law.

[Lat. Lex Falcidia.] In the civil law. A law enacted on motion of Publius Falcidius, tribune of the people, A. U. C. 714, by which a testator was forbidden to give more, in legacie

In the civil law. That portion of a testator's estate which by the Falcidian law (q. v.) was required to be left to the heir, amounting to at least one-fourth. Hallifax Anal. b. 2,

Lat. [Sax. fald, an enclosure.] In old English law. A sheepfold, (ovile.) Cowell. Spelman. A place in which any animals were shut up. Id. The liberty of faldage, (q. v.) Id. FALDAE

[L. Lat. faldagium, from falda, q. v.] In old English law. Foldage; the privilege of setting up and moving about in a field a fold, (i. e. a moveable pen for sheep,) for the purpos

Lat. [from falda, q. v.] In old English law. A flock or fold of sheep. Cowell.

Sax. [from fald, a fold, and feh, a fee.] A fee or rent paid by a tenant to his lord, for leave to fold his sheep on his own ground. Blount. See Falda.

Sax. [from fald, fold, and soc, liberty.] The liberty or privilege of foldage. See Faldage.

Faldwrithi. Sax. [from fald, a station, or fixed abode, and wurthi, worthy.] In Saxon law. A person of proper age to be fixed in some certain decennary or friburg. Spelman. FALERAE

Lat. In old English law. A hill, or down by the sea side. Co. Litt. 6 b. Domesday.

Lat. In the civil law. False designation; erroneous description of a person or thing in a written instrument. Inst. 2. 20. 30. 1 Mackeld. Civ. Law, 169, § 175. See Demonstratio. Fa

Lat. [from falsus, q. v.] In old English law. To counterfeit. Quia falsavit sigillum; because he counterfeited the seal. Bract. fol. 276 b. Falsarius; a counterfeiter. Towns. Pl. 2

See Faint action.

in the forest law, was where a man claimed more than his due, and was amerced and punished for the same. Manwood, c. 25. Tomlins.

[L. Lat. falsum imprisonamentum.] A trespass committed against a person, by arresting and confining or imprisoning him without sufficient authority, as by doing so without some law

[L. Lai. falsum judidum; breve defalso judicio.'\ In English law. A writ which lies to the courts at Westminster to reverse the judgment of some inferior court not of record. 3 BL

In old practice. Ungrammatical Latin. Before the statute directing law proceedings to be in English, if a Latin word was significant, though not true or good Latin, yet an indictme

In criminal law. The offence of falsely personating another, or representing one's self to be another person, and acting in such assumed character, either with the view of obtainin

In practice. An untrue return made to process by the officer to whom it was delivered for execution; as that the party could not he found, when he might have been taken, or that he

In equity practice. The showing an item in the debit of an account to be either wholly false, or in some part erroneous. 1 Story's Eq. Jur, § 625.

[L. Fr. fauxer; L. Lat. falsare, falsificare, falsum facere.] To prove false; to avoid or defeat. Perk. 383. Litt. sect. 149. Co. Litt. 104 b. 1 Co. 62 b. To reverse or avoid, as a

In Scotch law. An appeal, or the proceedings on an appeal. The proving the injustice, /a^7y, or error of the doom, or sentence of a court. Tomlins. Jacob.

In old English law. A counterfeiter; a maker of false or spurious money. Falsonarii. Bract, io\. 117.

Breve de. L, Lat. A writ which formerly lay against the sheriff who had execution of process, for false returning of writs. Reg, Jud. 43 b.

Lat. False, erroneous; fraudulent. Applied to persons and things. Falsus in uno, falsus in omnibus. False in one thing, false in every thing. Story, J., 1 Sumner's R. 329, 356. Whe

Lat. Fame; character or reputation. See Famosus. Fame; report. Fama patria; fame of the country; report or common opinion, upon which a man might anciently be indicted. Bract. foL