The Cyclopedic Law Dictionary

A person for whose use a suit is brought. See 24 Miss. 77.

The actual exercise of a franchise or incorporeal hereditament. User of a corporate franchise is an acceptance thereof; or nonuser may be a cause for dissolution. An easement may b

When a conveyance of land is made in England to a person who was married to his present wife • • on or before the first of January, 1834, and he wishes to prevent her right to dowe

This word is said to be derived from huissier, and is the name of an inferior ofl Bcer in some English courts of law. Archb. Prae. 25.

The gentleman usher of the black rod is an officer of the house of lords appointed by letters patent from the crown. His duties are, by himself or deputy, to desire the attendance

In Spanish law. Usage; that which arises from certain things which men say and do and practice uninterruptedly for a great length of time, without any hindrance whatever. Las Parti

Common, frequent, ordinary, customary, general. 71 111. App. 153; 172 111. 605; 182 111. 541.

The usual covenants expressed in a deed are "seisin" or "right to convey," "quiet enjoyment," "further assurance," "warranty," and "against incumbrances." Ii) a lease, the covenant

A phrase in the common-law practice, which meant pleading issuably, rejoining gratis, and taking short' notice of trial. When a defendant obtained further time to plead, these were

In civil law. The manner of acquiring property in things by the lapse of time required by law. It differs from "prescription," which has the same sense, and means, in addition, the

In civil law. The right of enjoying a thing the property of which is vested in another, and to draw from the same all the profit, utility, and advantage which it may produce, provi

In civil law. One who has the right and enjoyment of a usufruct. Domat, with his usual clearness, points out the duties of the usufructuary, which are to make an inventory of the t

In the French law, the same as the usufruct of the English and Roman law. USURA (Lat. from usus, use). In the civil law. Money given for the use of money; interest. Dig. 50. 16. 12

The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Tomlins. According to Lord Coke, there

An Injury which consists in the absolute ouster or dispossession of the patron from the advowson or right of presentation, and which happens when a stranger who has usurper; On© wh

An Illegal profit required and received by a lender of a sum of money from the borrower; something exacted for the use of money in excess of and in addition to the interest allowed

A use is a fiduciary ownership. Bac. Uses. USUS ET STATUS SIVE POSSESSIO potius differunt secundum rationem fori, quam secundum rationem rei. Use and estate, or possession, differ

In the civil law. Usufruct; the right of using and enjoying the profits of a thing belonging to another, without impairing its substance. UT (Lat.) In old English law. That. A part

Pregnancy. UTERQUE (Lat.) Both; each. "The justices, being in doubt as to the meaning of this word in an indictment, demanded the opinions of grammarians, who delivered their opini

Literally, an out-taken thief. The privilege of the lord of a manor to punish a thief dwelling outside his liberty for crimes committed therein, UTI (Lat.) In the civil law. To use

Lat. as you possess. In international law. A phrase used to signify that the parties to a treaty are to retain possession of what they have acquired by force during the war. UTI RO

In old English law. An outlaw. UTLAGATUS EST QUASI EXTRA LEGem positus. Caput gerit lupinum. An outlaw is, as it were, put out of the protection of law. He bears the head of a wolf

METUS AD omnes preveniat. That punishment may happen to a few; the fear of it affects all. 4 Inst. 63. UT RES MAGIS VALEAT QUAM PEREat. That the thing may rather have effect than b

See "Rogare." UT SUMMAE POTESTATIS REGIS EST posse quantum velit, sic magnitudinus est velle quantum possit. As the highest power of a king is to be able to do all he wishes, so th

In Scotch law. An interdict as to movables, by which the colorable _ possession of a bona fide holder is continued until the final settlement _ of a contested right. Corresponding

To publish; to pass or give currency to. In Criminal Law. The presentation or passing as genuine of a forgery or counterfeit. To constitute the crime of uttering a forged instrumen

See "Outer Bar." UTTER (or OUTER) BARRISTER. In English law. Those barristers who plead without the bar, and are distinguished from "benchers," or those who have been readers, and

A wife murderer; the kill- SUB ing of a wife. It is regarded in law and V. A common abbreviation of versus, ia the titles of causes, and reported cases. V. F. An abbreviation of ve

SED Instr. tress, but ie under the powwr of her hli6bs.nd. 3 Inst. 108. law-

A wife follows the domicile of her husband. NA- Tray. Lat. Max. 606. nature.

A place which is empty. As applied to official position, has reference to an office that is unoccupied, one without an incumbent; an office not filled. 107 Ark. 386; 155 S. W. 502;

Vacant means empty of everything but air, wherefore a house full of furniture, clothing, etc., left in charge of servants, is not vacant. 153 111. App. 33, i 249a.

A term applied to an estate which has been abandoned by the tenant. The abandonment must be comthe premises, it Will not be so considared. 2 Chit. 177; 2 Strange, 1064; Buller, N.

An inheritance for which the heirs are unknown. VACANTIA BONA (Lat.) In civil law. Goods without an owner. Such goods escheat.

To annul; to render an act void; as, to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise. VACATIO (Lat.) In the c

That period of time between the end of one term and beg^inning of another. During vacation, rules and orders are made in such cases as are urgent, by a judge at his chambers. VACAT

The vacant possession, i. e., free and unburdened possession, which, (e. g.) a vendor had and has to give to a purchaser of lands.

In old English law. A servant; a ministerial officer. Cowell.

In the civil law, pledges; sureties; bail; security for the appearance of a defendant or accused person in court. Calv. Lex.

To wage combat. Where two contending parties, on a challenge, give and take a mutual pledge of fighting. Cowell. VADIARE LEGEM (L. Lat) In old English law. To wage law; to give gag

Lat. (L. Fr. gager). In old English law. Wager. VADIMONIUM (Lat) In the Roman law. Bail or security; the giving of bail for appearance in court; a recognizance. Calv. Lex. VADIUM M

To take ball or pledges for a defendant's appearance. VADIUM VIVUM (Lat.) A species of security by which the borrower of a sum of money made over his estate to the lender until he

In old English law. The king's eldest son; hence the valet or knave follows the king and queen in a pack of cards. Barr. Obs. St. 344. VAGABOND (Fr. and Eng.; from Lat. vagabundus,

Vagrancy Is distinguished from disorderly conduct and breaches of the peace, and includes only such cases of vagabondage as are known to the common law; and its statutory definitio

In English law. St 5 Geo. IV. c. 83, which is an act for the punishment of idle and disorderly persons. 2 Chit. St. 145.

Uncertainty. Certainty is required in contracts, wills, pleadings, judgments, and, indeed, in all the acts on which courts have to give a judgment, and if they be vague so as not t

In Spanish law. A promissory note. White, New Recop. bk. 3, tit. 7, c. 5, §3.

It shall have effect as far as it can have effect. Cowp. 600; 4 Kent, Comm. 493; Shep. Touch. 87.

In old English law. The proving by the kindred of the slain, one on the father's side, and another on that of the mother, that a man was a Welshman. VALID (Lat. validus). Strong; e

Freedom from vices of substance; effectiveness in point of law. It is broader than "form" or "requisites," as they are often applied; "form" signifying only regularity or technical

An equivalent in money or value for a thing purchased. See "Consideration."

The act of ascertaining the worth of a thing. The estimated worth of a thing. It differs from "price,"_ which does not- always afford a true criterion of value; for a thing. may be

In Pennsylvania, the assessors who estimate the value of property for taxation.

The utility of an object. The price demanded or accepted as equivalent to the utility of anything. 161 111. 251; 154 111. 662. The worth of an object in purchasing other goods. The

A valued policy is one where the value has been set on the ship or goods insured, and this value has been inserted in the policy in the nature of liquidated damages, to save the ne

A phrase usually employed in a bill of exchange or promissory note, to denote that a consideration has been given for it. The expression value received, when put in a bill of excha

or VIDAMES. An obsolete title of dignity next to a peer. 2 Inst. 667; 2 Steph. Comm. (7th Ed.) 612. VANA EST ILLA POTENTIA QUAE nunquam venit in actum. Vain is that power which is

qui non cadunt in constantem virum. Vain are those fears which affect not a firm man. 7 Coke, 27. VANI TIIVIORIS JUSTA EXCUSATIO non est. A frivolous fear is not a legal excuse. Di

In old Scotch law. Ward; custody; guardianship. Answering to "warda," in old English law. Spelman. It had also the sense of "award." Skene de Verb. Sign.

In pleading and practice. A disagreement or difference^ between two parts of the same legal proceeding which ought to agree together. Variances are between the writ and the declara

In feudal law. The name given to the holder of a fief bound to perform feudal service. This word was then always correlative to that of "lord," entitled to such service. The vassal

The tenure or holding of a vassal. Cowell. VASTITAS (Law Lat. from vastum, q. v.) In old English law. A waste. Fleta, lib. 4, c. 22, § 6. VASTUM (Law Lat.) Waste; a waste or common

Sorcery; witchcraft; the profession of the Vaudois. 3 Hallam, Mid. Ages, c. ix., pt. 2, p. 386, note. VAVASOR or VAVASOUR (Law Lat.) In old English law. The vassal or tenant of a b

The lands that a vavasour held. Cowell. VECTIGAL (Lat. from vehere, to carry). In the civil law. A custom or impost upon goods brought into or carried out of a state (quod pro rebu

ORIGINE IPSA, JUS CAESARUM et regum patrimoniale est. Tribute, in its origin, is the patrimonial right of emperors and kings. Dav. 12.

Fines paid to the crown to defray the expenses of maintaining courts of justice. 3 Salk. 38.

See "Fehmgerichte." VEIES (Law Fr.) Distresses forbidden to be replevied; the refusing to let the owner have his cattle which were distrained. Kelham.

An obsolete word, which signified viewers or experts.

In 6Id English law, a toll booth. Cro. Jac. 122. VELITIS JUBEATIS QUIRITES7 (Lat.) Is it your will and pleasure, Romans? The form of proposing a law to the Roman people. Tayl. Civ.

The office of dog leader or courser. Cowell. ■

Beasts caught in the woods by hunting. VENATIO (Law Lat. from venari, to hunt). In old English law. The chase or hunt. Cowell.

To sell a chattel. As commonly used, it suggests an offering for sale to any buyer.

A purchaser; a buyer. VENDENS EANDEM REM DUOBUS fallarius est. He Is fraudulent who sells the same thing twice. Jenk. Cent. Cas. 107.

Capable of being sold; salaable., VENDICARE (Lat.) In the civil and old English law. To claim a thing as one's own; to assert a right to a thing. To take a thing as one's own. Calv

In old European law. A tax on things sold in markets and fairs. Spelman. VENDITIO (Lat.) In the civil law. In a strict sense, sale; the act of selling; the contract of sale, otherw

A sale; the act of selling. VENDITIONI EXPONAS (Lat. that you expose to sale). In practice. The name of a writ of execution, directed to the sheriff, commanding him to sell goods o

The seller; one tfho disposes of a thing in «»nsideration of money. Generally applied only to the seller of realty.

An equitable lien or implied agreement in favor of the vendor of land sold for the purchase money, 175 111. 441, where the deed expresses, contrary to the fact, that the purchase m

A public auction.

An auctioneer.

In the civil law. The privilege of age. A privilege granted by a prince or sovereign, in virtue of which a person is entitled to act, sui juris, as if he were of full age. Calv. Le

A writ to summon a person, against whom an indictment for a misdemeanor has been found, to appear and be arraigned for the offense. A justice's warrant is now more commonly used. A

A ■writ to summon a jury of matrons to execute the writ de ventre inspiciendo (q. v.)

A juror summoned by venire, VENIT ET DEFENDIT (Law Lat.) In old pleading. Comes and defends. The proper words of appearance and defense in an action. 1 Ld. Raym. 177. Venit et defe

In old pleading. Comes and says. Y. B. M. 1 Edw. II. 2. 2 Salk. 544. VENKU (L. Ft.) In old English law. Vanquished; overcome in judicial combat.

In French law. A sale made, reserving a right to the seller to repurchase the property sold by returning the price paid for it. The term is used in Canada and Louisiana. The time d

or VENTRE (Lat. the belly). The wife (so applied in matters relating to child bearing). For example, a man has three children by the first and one by the second venter. A child is

An ancient manner of spelling vrai, true. In the English law there are three kinds of tenants, — veray, or true tenant, who is one who holds in fee simple; tenant by the manner (q.

verba cum effectu sunt acciplenda. Words are to be taken so as to have effect, w Bac. Max. reg. 3, p. 47. See 1 Duer, Ins. 210, 211, 216.

Terms of art

Words of the chancery. The technical style of writs framed in the of Bce of chancery. Fleta, lib. 4, c. 10, § 8. VERBA CHARTARUM FORTIUS ACCIPIuntur contra proferentem. The words o

TEMPus solutionis designant. The words "current money" refer to the time of pajrment Dav. 20. VERBA DEBENT INTELLIGI CUM EFfectu. Words should be understood effectively. 2 Johns. C

INTELLIgi debent de conditione personae. Words spoken of the person are to be understood of the condition of the person. 2 Ro Ue, 72. VERBA FORTIUS ACCIPIUNTUR CONtra proferentem.

ET NON E CONtra, debent Inservire. Words ought to wait

UT res magis valeat quam pereat. Words are to be so understood that the subject matter may be preserved rather than destroyed. Bac. Max. reg. 3; Plowd. 156; 2 Bl. Comm. 380; 2 Kent

Parol; by word of mouth; as, verbal agreement; verbal evidence. Sometimes incorrectly used for "oral."

lu diplomatic language, a memorandum or note not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance of an urgency which perha

In Louisiana. A written account of any proceeding or operation required by law, signed by the person commissioned to perform the duty, and attested by the signature of witnesses. S

SI PER communem usum loquendi In Intellectu certo sumuntur, talis intellectus praeferendus est. When words are merely equivocal, if by common usage of speech they acquire a certain

QUAM causa et natura rei, ut mens contrahentium ex els potlus quam ex verbis appareat. Words are not to be looked at so much as the cause and nature of the thing, since the intenti