Lapse

To glide; to pass slowly, silently, or by degrees, to slip; to deviate from the proper path. Webster. See "Lapsed Devise"; "Lapsed Legacy." In Ecclesiastical Law. The transfer, by forfeiture, of a right to present or collate to a vacant benefice from a person vested with such right to another, in consequence of some act of negligence by the former. Ayliffe, Par. 331. Upon six months' neglect of the patron, the right lapses to the bishop; upon six months' neglect of bishop, to archbishop; upon his six months' neglect, to king. The day on which the vacancy occurs is not

In Ecclesiastical Law. The transfer, by forfeiture, of a right to present or collate to a vacant benefice from a person vested with such right to another in consequence of some act of negligence by the former. Ayl. Par. 331. Upon six months’ neglect of the patron, the right lapses to the bishop; upon six months’ neglect of bishop, to archbishop; upon his six months’ neglect, to king. The day on which the vacancy occurs is not To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. Webster, Diet, See Lapsed Devise; Lapsed Legacy.

n.

In ecclesiastical law. The transfer, by forfeiture, of a right to present or collate to a vacant benefice from a person vested with such right to another, in consequence of some act of negligence by the former. Ayl. Par. 331. In the law of wills. The failure of a testamentary glft in consequence of the dcath of the dCvisee or legatee during the Ilfe of the testator. In criminal proceedings, "lapse" is used, In England, in the same sense as "abate" in ordinary procedure; i. e., to signify that the proceedings came to an end by the death of one of the parties or some other event

v. To glide; to pass slowly, silently or by degrees. To slip; to deviate from the proper path. Webster. To fall or fail.
—Lapse patent. A patent for land issued in substitution for an earlier patent to the same land, which was issued to another party, but has lapsed in consequence of his neglect to avail himself of it. Wilcox v. Calloway, 1 Wash. (Vat) 39.
—Lapsed devise. See Devise.
—Lapsed legacy. See Legacy.

In English ecclesiastical law. A slip or omission; a species of forfeiture, whereby the right of presentation to a church accrues to the ordinary by neglect of the patron to present, to the metropolitan by neglect of the ordinary, and to the king by neglect of the metropolitan.

». To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. Webster. To fall or fail.

2 A failure, defeat; also, to fail, pass by or aside. Lapsed. Failed in its destination; become ineffectual. Said of a devise or legacy when the devisee or legatee dies before the testator, or before a given age or event;' of land when the right to pre-empt it is lost.; of a patent to land wjien a petitioner neglects to complete his applicatiron and secure a grant; of a policy of insurance vi'hich is allowed to expire for non-payment of one or more premiums; of time when a reasonable period in which to assert a right has passeid. LAECEl SrY.* Theft; the felonious taking and carrying away of the personal goods of another. 5 1 Bowden v. Lewis, 13 E. L 191 (1881); Aldred's Case, 9 Rep..ir, 6, 58 &; 5 Coke, *58 (1611). L. labi, lapsus, to fall, slip. s [3 Bl. Com. 513; 94 Am. Dec. 15S, cases; 13 East, 534; 9 B. Mon. 206. * Contracted from latrociny: L. latrociniujn, robbery: latro, a robber, free-booter,— 4 Bl. Com. 229. O. F. larrecin; F. larcin. The y is an English addi- The wrongful or fraudulent taking and carrying away by any person of the mere personal goods of another, from any place, with the felonious intent to convert them to his (the taker's) own use, and make them his property, without the consent of the owner.' A taking and a carrying away of personal property with an intent to steal it. Laroenist. One guilty of larceny. Larcenous. Of the nature of larceny. Grand larceny. Larceny of goods above the value of twelve pence.* Mixed or eompound larceny. Includes the-aggravation of a taking from one's house or person. 3 Petit latceny. When the goods are of the value of twelve pence or under.' Simple larceny. Plain theft, unaccompanied by any other atrocious circumstance.' " Petit larceny " having ceased to exist in England by 7 and 8 Geo. IV. (1827), o. 29; and largely in the United States, the single word "larceny" means " grand larceny," not of the compound sort. Further, having no " simple larceny," we have no, use' for the correlative " grand." * Larceny is an offense against the right of private property. The " taking " implies a want of -consent in the opner: therefore, a delivery to another upon trust cannot become the ground of a larceny at common law. But if the bailee opens a package and takes away a part he is guilty of larceny; for then the animo furandi is manifest. Nor was it, at common law, more than a breach of trust for a servant to run away with goods committed to him.* See Embezzlement, 3. There must be a " carrying away " — some removal from the place where the goods are found.' See Carry Away. The intent must be " felonious " — aniyno furandi, taking to use and return is a mere trespass. The property must be " personalty." At common law, taking a tree, flowers, fruit, or title-deeds is a trespass upon the land. But it any such object was severed by the owner, or by the thief at another time, that act made it personalty. Statutes have made felonious, appropriations of many such articles as, formerly, constituted trespasses. 12 East, PI. Cr. 553. "The most approved definition "

— Ransom v. State, 22 Conn. *166 (18S3), Storrs, J. 2 Commonwealth o. Adaips, 7 Gray, 44 (1666), Metcalf, J. See also State v. South, 28 N. J. L. 39-30 (1859), cases. Green, C. J.; State v. Wingo, 89 Ind.' 206 (1883): 4 Cr. Law M. 661, 604-69 (1883), cases; 70 Ala. 9; 62 Cal. 141; 66 Ga. 193-94; 94 N. Y. 90, 95; 31 Hun, 58; 1 Mc All. 196; 5 Cranch, C. C. 493; 3 Bish. Cr. L. § 757. 4 Bl. Com. 229, 239; 59 Cal. 391. < 2 Bish. Cr. Law, %% 757-58, cases. 4 Bl. Com. 230; 59 Miss. 279; 62 Wis. 63. Formerly, also, bonds, bills, notes, and otber evidences of debt, having no intrinsic value and not importing property in the possession of the holder, were not subjects ot larceny. " Property " includes money, goods, chattels, things in action, and evidences of debt.* Nor, at common law, are animals, at their natural liberty and unreclaimed, which are unfit for food, as, dogs; for these a civil action for damages may be had. Obtaining possession of personalty by fraud, with Intent to convert the same to one's own use, the owner intending to part with the possession only, is larceny.' See Crime; Decoy; Indictment; Lucrum; Pretenses, False; Robbery. IiABGE. See At Large; Enlarge; Great; Gross. IiASCIVIOUS.-' Lustful; wanton; lewd. Any wanton act between persons of different sexes, who are not inter-married, originating in lustful passion, and not otherwise punished as a crime against chastity or public decency, is called " lascivious carriage." May also include an indecent act against the will of another.' To sustain an indictment under the Virginia act of 1878, forbidding lascivious cohabitation, the evidence must establish that the parties, not being married, lewdly and lasciviously associated and cohabited, that is, hved together in the same house and as man and wife live together.' See Lewd; Morals.

A slip, omission; the forfeiture of a right to present to a benefice by the patron's negligence, The failure of a testamentary disposition by reason of the death of the legatee before the testator; a lapsed devise or legacy.

n. A slip or failure. Lapse, 1 v.: to slip, fail, or pass away from the original destination. Lapsed: that which has failed or passed aside. The noun lapse, as applied to a devise or a legacy, denotes the failure of a testamentary gift through the devisee or legatee dying in the testator's lifetime. As applied to English ecclesiastical tion to a church accrues to the ordinary by the neglect of a patron to present; to the metropolitan, by the neglect of the ordinai-y; and to the crown, by the neglect of the metropolitan.