Glossary of Technical Terms, Phrases, and Maxims of the Common Law

/. Double-tongued; one speaking two languages. Apphed to a jury de medietate linguae, allowed in England in cases between an Englishman and a foreigner, where half the jury were of

A written statement or declaration; a complaint; a record; an account. The word has many special and limited meanings. I. In legal procedure. (Bill for cancellation: v. To perpetua

I. A bill; a declaration. Billa cassetur: that the bill be quashed. Billa ezcambii: bill of exchange. Billa exonerationis: bill

/. Twice. Bis petitum: twice oito dat: lie gives twice who gives Black Book of the Admiralty. An ralty law, containing the laws of Oleron and commentaries. Of the Exchequer charter

1. A tribute paid by the counties of England to some^ border from the depredations of the Scotch troopers. 2. Black rents: rents or labor, as distinguished from ■white

/. Corn or grain; orescentia,

Common bar; a plea in plaintiif to assign a certain place for dorsement: V. Indorsement.

bl6,/r. Com, grain. Blees scies

v. Blanch holding.

sax. An amerciament for the

When a person was caught was evidence of his having killed deer.

sax. A book, writing; deed; charter.

In Saxon law, land held by free socage. Pole-land was held by evidence of title, and more resembled

Folcmote court. or, in Chancery, illegally taking pos- A criminal offence. of redemption of Plea: v. Plea. payable abroad. a thing by judgment. the King, reserved and having certai

boys, /r. Wood. Haut bois: underwood.

bonne,/r. Good. Bones gents fied.

/. Goods; property. Bona et Bona felonum: goods of felons. forfeited. Bona fugitivorum: goods bilia, immobilia: goods movable, bilia: goods worthy of notice, i. e. of cedent left g

bonus, bonum, I. Good. Bona Bona fides non patitur ut bis idem does not suffer the same thing to be twice fidei emptor: a purchaser in good faith. sor in id tantum quod ad se perve

Bonus judex aequitatem stricto according to what is just

An instrument under seal, wherein expresses that he owes or will pay a certain ob Ugee; usually with a condition added, that, performing a certain act or paying another is to be vo

/. (The goods not writ directing the sheriff to hold the goods whom judgment has been obtained, pending writ of error. Bono et malo. v. De.

I. A premium given for a loan. v. secundum aequum et bonum judicat, et juri prsefert: a good judge decides and good, and prefers equity to strict law.

v. Boc-lands.

V. Bote.

Property of the enemy

Bordagium, I. A lord in provisions, or perhaps

bordimanni, I.

Lands held ui lord reserved to supply his

mx. A pledge; a mutual pledge existing among good behavior.

burg, Bourg,/r. A gess to Parliament.

A custom some old English boroughs to the youngest son, instead Borsholder: Head-borow, the

boot, sax. Compensation; estover. Housebote: an repairing the house; haybote ploughbote or cartbote, firebote, for fuel.

bummaree. A a high rate of interest (fcernis hypothecation of a ship. safe return or arrival of the ter to make or continue his Bouche,/r. Mouth. Ne gist mouth): it is not for one

I., Brace de

The writer of the Angli<B; tempo Henry III.

Unlawful or Breach of peace: the term captured in war on land. species of base tenure by finding the by carrying timber. Cottagers; tenants in hordage. bordage; the demesne lands w

The old Irish law existing before the conquest by Henry II., so called from brehon, a judge.

pL, brevia, I., Bref, brefe, fr.. Brieve, sc. A writ. A precept of the King, in writing, issuing out of a court. Breve de recto: a writ of right. Breve originale: an original writ;

a statement of a client's case, prepared by the attorney for the convenience of the barrister, containing the facts, pleadings, names of witnesses, and suggestions. In America, a w

bnigbote, sax. A contribution for the repair of bridges.

brokerage. A broker's pay, commission.

brogger, Broccator, /. An agent employed to buy, sell, or make contracts.

I. An empty threat.

Esco9se,/r. Esorier,//-. To proclaim.

fr., Eskippare, tackle of ships. Es Uer,/r. To choose. Esloigner,/r. To

A tenure by which houses, or lands formerly covered with houses, in an ancient borough, are held of the King or lord of the borough. It is a kind of socage, affected by some old Sa

A tribute towards repairing the walls of a town.

Bourgeois, /n The freeman of

Burgator, I. One who breaks and enters the dwellinghouse of another by night, with felonious intent. (This definition has been much changed by statute.) •Burking. Murder for the pu

The lines separating a piece of land from the land surrounding; v. Abuttals. Butts also means the comers or angles of such lines.

The purchase of land or claims to land from one not in possession. The transfer was void, and an offence at common law. v. Champerty. By-laM7s. Local laws of towns or courts. Laws

Cablis,^. Brush-wood; wind-fallen boughs.

/. To fall; end; cease; fail; abate. Cadit qusestio: there is an end of the question. Cadere a or ab: to fall from, faQ in, lose. Cadere assisa: to be cast, nonsuited. Cadere in: t

Relating to escheats or forfeitures.

I. Ealluig. Caduca: escheats.

Other things [the rest] are wanting. Caeteris paribus: other things equal. Caeteris tacentibus: the others silent [expressing no opinion].

/. Administration caterorum is given as to the rest of the estate, after a limited power has been exhausted.

To call, in land law, is to require a point of surveying to correspond with some natural object. Such objects, or bases of are termed the calls. Calling the plaintiff: a formal fec

I. To claim; object to; challenge.

I. Champerty.

A dealer in notes and bills of exchange.

/. A chamber, judge's chamber; a treasury; v. Chaniber. Camera regis (a chamber of the king): a harbor or place of commercial priyilege. Camera scacoarii: the Exchequer Chamber. Ca

/. A field. Campfight, battel. Campi partitio:

I. Chancery. Cancellariua: the chancellor. Canoelli: bars, lattice-work, whence the name of the Court of Chancery; V. A.

1. A law. 2. A prebendary, member of a chapter. Canon law: the law of the Church of Rome as to matters in its jurisdiction; and partly preserved in English ecclesiastical law and a

In Wales, a hundred.

/. (Take.) A writ judicial, issued in real actions for the recovery of land, directing the sheriff to take and hold the land when the tenant or defendant made default. The grand ca

Lat. (That you take.) The general name for a writ of attachment or arrest. 1. The capias ad respondendum, called commonly capias, was a judicial writ issuing from the C. P. or K. B

I. Let him be taken for the fine; v. Capias, 6.

;. Heads; persons. Per capita: by heads, per head, in distinction from per stirpem, by stock, by way of representation. V. Caput.

Capitalis, I. Chief; principal; affecting the head or life. Capitalis dominus, plegius, debitor, baro, etc.: the chief lord, surety, debtor, baron. Capitalis justitiarius: in old E

I. A person holding an estate in capite; a captain.

A poll or personal tax.

in. v. Caput.

I., Caption. 1. A taking; a seizure; an arrest. 2. The heading of a document.

A head; a person. A chief; beginning, principal. Caput anni: the first day of the year. Caput baroniae: a nobleman's mansion-house, which descended to the eldest daughter if no son

/. To load. Carcata: freighted.

I. A gaol. Career ad homines custodiendos (continendos) non puniendos haberi debet: a gaol ought to be kept to guard (confine) men, not to punish them.

One who carries goods for hire. v. Common carrier.

charta, I. A deed, charter, v. Charta.

yr. A white sheet of paper; a blank instrument. Used of a signature, given with authority to fill up as desired.

A written challenge. An agreement between two hostile states relating to the exchange of prisoners. Cartel ship: a ship of truc Bj unarmed, employed to carry messages, exchange pri

I. Prom caruca, a plough. A plough-land, a carve of land; as much land as one plough could cultivate.

carucage. A tax imposed on each plough, or carve of land. Cas,^. Case. Cas fortuit: an inevitable event.

1. V. Action upon the case. Trespass on, the case. 2. An action or suit at law. Case agreed or stated: a statement of the facts agreed on by the parties, or by another court, and s

/., Casser,/r. To break; to annul, quash. Cassatio, /.: a quashing, an abatement. Cassation,^^.: the annulling or appeal of a judgment; the Prench highest court of appeal. Cassetur

To allege, proffer; to overthrow, defeat Cast cin essoign: to put in an excuse for non-appearance in an action.

Common scold. tion laid on dwellers ■within a certain distance of a castle to maintain the garrison.

The fictitious defendant in ejectment.

I. 1. In a similar case; t. Action on the case. 2. An old writ of entry which lay for a reversioner to recover land alienated by a tenant for life or by the courtesy, for a greater

;. Case; event; chance. Casus foederis: a case within a treaty, to which it applies. Casus fortuitus: an inevitable event; a chance occurrence. Casus fortuitus non est sperandus, e

I. Chattels; all goods except fees and freeholds. Catalla odiosa: dead goods [not animals]; idle cattle [not beasts of the plough]. Catallis reddendis. v. De.

A sheriff's deputy, bailiff.

A right of pasturing cattle in another's land.

I. Cause; occasion; reason; a suit. Causa causans or remota: the original or remote cause. Causa causata or prozima: the immediate or next cause. Causa mortis, adulterii, impotenti

and the Landed Estates Court, were fused into a Supreme Court of Judicature for Ireland. There is a

/., Caution. Security; bail; a bond given by way of surety.

(Let him beware.) A formal notice to a court or a judicial or ministerial officer not to do some act, or not without notice to the "caveator." It is filed by the party having inter

/. Kayage, a duty paid for landing goods at a wharf. Ce, Ceoy, Ceo,_/y-. This.

sax. Payment, or forfeiture, of an animal.