Advocates Dictionary « Supreme Court of India Advocates, Lawyers, Delhi High Court Advocates, Lawyers

20
Nov/110

Y-Advocates Dictionary

YARD

A measure of length, containing three feet, or thirty-six inches. … more

YARD,

estates. A piece of land enclosed for the use and accommodation of the inhabitants of a house. In England it is nearly synonymous with backside. (q…. more

YARDLAND,

old Eng. law. A quantity of land containing twenty acres. Co. Litt. 69 a. … more

YEAR.

The period in which the revolution of the earth round the sun, and the accompanying changes in the order of nature, are completed. 2. The civil year… more

YEAR AND DAY.

This period of time is particularly recognized in the law. For example, when a judgment is reversed, a party, notwithstanding the lapse of time mentioned in… more

YEAR BOOKS.

These were books of reports of cases in a regular series from tho reign of the English King Ed. 11. inclusive, to the time of Henry… more

YEARS, ESTATE FOR.

Vide Estate for Years. … more

YEAS AND NAYS.

The list of members of a legislative body voting in the affirmative and negative of a proposition is so called. 2. The constitution of the United States,… more

YEOMAN.

In the United States this word does not appear to have any very exact meaning. It is usually put as an addition to the names of… more

YIELDING AND PAYING,

contracts. These words, when used in a lease, constitute a covenant on the part of the lessee to pay the rent, Platt on Coven. 50, 3… more

YORK, STATUTE OF.

The name of an English statute, passed 12 Edw. II., Anno Domini 1318, and so called because it was enacted at York. It contains many wise… more

YOUNG ANIMALS.

It is a rule that the young of domestic or tame animals belong to the owner of the dam or mother, according to the maxim Partus sequitur… more

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20
Nov/110

W-Advocates Dictionary

WRIT DE HOMINE RELEGIANDO,

practice. A writ which lies to replevy a man out of prison, or out of the custody of any private person, in the same manner in… more

WRIT DE ODIO ET ATIA,

ged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will, and, if upon the inquisition due cause… more

WRIT OF COVENANTS,

practice. A writ which lies where a party claims damage for breach of covenant, i. e. of a promise under seal. … more

WRIT OF DEBT,

practice. A writ which lies where the party claims the re-covery of a debt, i. e. a liquidated or certain sum of money alleged to be… more

WRIT OF DETINUE,

practice. A writ which lies where a party claims the spe-cific recovery of goods and chattels, or deeds and writings detained from him. This is seldom… more

WRIT OF DOWER,

practice. A writ which lies for a widow ciaiming the specific recovery of her dower, no part having been yet assigned to her. It is usually… more

WRIT OF EJECTMENT,

practice. The name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession…. more

WRIT OF ENTRY,

practice. A writ requiring the sheriff to command the tenant of land that he render to the demandant the premises in question, or to appear in… more

WRIT OF ERROR,

practice. A writ issued out of a court of competent jurisdiction, directed to the judge of a court of record in which final judgment has been… more

WRIT OF EXECUTION,

practice. A writ to put in force the sentence that the law has given: it is addressed to the Sheriff (and in the courts of the… more

WRIT OF EXIGI FACIAS.

The name of a process issued in the course of proceedings in outlawry, and which immediately precedes the writ of capias agatum. See Exigent, or Exigi… more

WRIT OF FORMEDON,

practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail, or as remainder-man or reversioner, upon the… more

WRIT OF INQUIRY,

e, it may be executed before a deputy of the sheriff. 2 John R. 63. Vide Steph. Pl. 126, Grah. Pr. 639, 2 Archb. Pr. 19, Tidds… more

WRITS, JUDICIAL,

practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of… more

WRIT OF MAINPRIZE,

English law. A writ directed to the sheriff (either gen-erally, when any man is imprisoned for a bailable offence, and bail has been refused, or specially,… more

WRIT OF MESNE,

Breve de medio, old English law. A writ which was so called, by reason of the words used in the writ, namely, Unde idem A qui… more

WRIT, ORIGINAL,

practice, English law. An original writ is a mandatory letter issuing out of the court of chancery under the great seal and in a kings name,… more

WRIT OF REPLEVIN,

practice. The name of a process issued for the recovery of goods and chattels. Vide Replevin. … more

WRIT OF PRAECIPE.

This writ is also called a writ of covenant, and is sued out by the party to whom lands are to be conveyed by fine, the… more

WRIT OF PREVENTION.

This name is given to certain writs which may be issued in anticipation of suits which may arise. Co. Litt. 100. See Quia Timet. … more

WRIT OF RATIONABILI PARTE BONORUM.

A writ which was sued out by a widow when the executors of her deceased husband refused to let her have a third part of her… more

WRIT OF RESTITUTION.

A writ which is issued on the reversal of a judgment, commanding the sheriff to restore to the defendant below, the thing levied upon, if it… more

WRIT PRO RETORNO HABENDO,

remedies, practice. The name of a writ which re-cites that the defendant was summoned to appear to answer the plaintiff in a plea whereof he took… more

WRIT OF PROCESS,

Engl. law, pradice. If the defendant does not appear, in obedience to the original writ, there issue, when the time for appearance is past, other writs,… more

WRIT OF PROCLAMATION

Engl. practice. A writ which issues, at the same time with the exigi facias, by virtue of Stat. 31 Eliz. c. 3, s. 1, by which the… more

WRIT OF QUARE IMPEDIT,

English law. The remedy by which, where the right of a party to benefice is obstructed, he recovers the presentation, and is the form of action… more

WRIT OF RECAPTION,

practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same… more

WRIT OF RIGHT,

practice. The remedly appropriate to the case where a party claims the specific recovery of corporeal hereditaments in fee simple, founding his title on the right… more

WRIT OF TRESPASS,

practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass. … more

WRIT OF TRESPASS ON THE CASE,

d on the particular circumstances of the case thus requiring a remedy, and, to distinguish them from the old writ of trespass, 3 Reeves, 89, 243, 391,… more

WRIT OF TOLT,

Eng. law. The name of a writ to remove proceedings on a writ of right patent from the court baron into the county court. 3 Bl…. more

WRIT OF WASTE.

The name of a writ to be issued against a tenant who has committed waste of the premises. There are several forms of this writ, that… more

WRITING.

The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so… more

WRITING OBLIGATORY.

A bond, an agreement reduced to writing, by which the party becomes bound to perform something, or suffer it to be done. … more

WRONG.

An injury, (q. v.) a tort (q. v.) a violation of right. In its most usual sense, wrong signifies an injury committed to the person or… more

WRONG-DOER.

One who commits an injury, a tort-feasor. (q. v.) Vide Danes Abridgment, Index, h. t. … more

WRONGFULLY INTENDING.

These words are used in a declaration when in an action for an injury, the motive of the defendant in committing it can be proved, for then… more

WRIT,

practice. A mandatory precept issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant to… more

WRIT DE BONO ET MALO

An ancient writ which was issued in the case of each prisoner, instead of a general commission of general jail delivery for all the prisoners. This… more

WRIT OF CONSPIRACY.

The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties… more

WRIT OF DECEIT.

The name of a writ which lies where one man has done anything in the name of another, by which the latter is damnified and deceived…. more

WRIT DE EJECTIONE FIRMAE.

A writ of ejectment. Vide Ejectment, and 3 Bl. Com. 199. … more

WRIT DE HAERETICO COMBURENDO,

Engl. law. The name of a writ formerly issued by the secular courts, when a man was turned over to them by the ecclesiastical tribunals, after… more

WORSHIP.

The honor and homage rendered to the Creator. 2. In the United States, this is free, every one being at liberty to worship God according to… more

WORSHIP,

Eng. law. A title or addition given to certain persons. 2 Inst. 666, Bac. Ab. Misnomer, A 2. … more

WORTHIEST OF BLOOD.

All expression to designate that, in descent, the sons are to be preferred to daughters, which is the law of England. See some singular reasons given… more

WOUND

med. jur. This term, in legal medicine, comprehends all lesions of the body, and in this it differs from the meaning of the word when used in… more

WRECK,

mar. law. A wreck (called in law Latin, wreccum maris, and in law French, wrec de mer,) signifies such goods, as after a shipwreck, are cast… more

WORK AND LABOR.

k and labor done, and materials furnished by the plaintiff for the defendant, and when the work was not done under a special contract, the plaintiff will be… more

WORKHOUSE.

A prison where prisoners are kept in employment, a penitentiary. A house provided where the poor are taken care of, and kept in employment. … more

WORKING DAYS

In settling laydays, (q. v.) or days of demurrage, (q. v.) sometimes the contract specifies working days in the computation, Sundays and custom-house holidays are excluded…. more

WORKMAN.

One who labors, one who is employed to do business for another. 2. The obligations of a workman are to perform the work he has undertaken to… more

WOODGELD,

old Eng. law. To be free from the payment of money for taking of wood in any forest. Co. Litt. 233 a. The same as Pudzeld…. more

WOODS,

A piece of land on which forest trees in great number naturally grow. According to Lord Coke, a grant to another of omnes boscos suos, all… more

WORD,

construction. One or more syllables which when united convey an idea a single part of speech. 2. Words are to be understood in a proper or… more

WITNESS, AGED.

It has been laid down as a rule that to be considered an aged witness, a person must be at least seventy years old. See Aged… more

WITNESS, GOING.

A going witness is one who is about to leave the jurisdiction of the court in which a cause is depending. See Going Witness. … more

WITNESS INSTRUMENTARY,

Scotch law. He who has attested a deed or other writing. 2. When witnesses attest a deed without knowing the grantor, and seeing him subscribe, or bearing… more

WOMEN,

persons. In its most enlarged sense, this word signifies all the females of the human species, but in a more restricted sense, it means all such… more

WITHOUT IMPEACHMENT OF WASTE.

When a tenant for life holds the land without impeachment of waste, he is of course dispunishable for waste whether wilful or otherwise. But still this… more

WITHOUT RECOURSE.

Vide Sans Recours and Indorsement, Chit. on Bills, 179, 14 S. &, R. 325, 3 Cranch, 193, 7 Cranch, 159, 1 Cowen, 538, 12 Mass. 172,… more

WITHOUT RESERVE,

contracts. These words are frequently used in conditions of sale at public auction, that the property offered, or to be offered for sale, will be sold… more

WITHOUT THIS, THAT,

pleading. These are technical words used in a traverse, (q. v.) for the purpose of denying a material fact in the preceding pleadings, whether declaration, plea,… more

WITNESS.

could not be compelled to disclose secrets which he had received in auricular confession. City Hall Rec. 80 n. Vide Confessor, Confidential Communications. 20. - 4. Jurors. A… more

WITHOUT DAY.

This signifies that the cause or thing to which it relates is indefinitely adjourned, as when a case is adjourned without day, it is not again… more

WITHOUT,

pleading. This word is adopted in formal traverses, and is a negative signifying “,and not for,”, accordingly the language of the elder entries sometimes is, It… more

WITHERNAM,

practice. The name of a writ which issues on the return of elon-gata to an alias or pluries writ of replevin, by which the sheriff is… more

WITHDRAWING A JUROR,

practice. An agreement made between the parties in a suit to require one of the twelve jurors impanneled to try a cause to leave the jury… more

WISTA.

Among the Saxons, this was a measure of land, it contained a half hide, or sixty acres. … more

TO WIT.

To know, that is to say, namely. See Scilicet. … more

WITH STRONG HAND,

pleading. This is a technical phrase indispensable in describing a forcible entry in an indictment. No other word or circumlocution will answer the same purpose. 8 T…. more

WINCHESTER MEASURE.

The standard measure originally kept at Winchester, in England. … more

WINDOW.

e consent of the owner of the adjoining property, unless he possesses the right of having ancient lights. (q. v.) The opening of such windows and destroying the… more

WISCONSIN.

corpus, mandamus, injunction, quo warranto, certiorari, and all other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior… more

WHOLE BLOOD

Being related by both the father and mothers side, this phrase is used in contradistinction to half, blood, (q. v.) which is relation only on one… more

WHOLESALE.

To sell by wholesale, is to sell by large parcels, generally in original packages, and not by retail. (q. v.) … more

WIDOW.

An unmarried woman whose husband is dead. 2. In legal writings, widow is an addition given to a woman who is unmarried and whose husband is… more

WIDOWS CHAMBER,

Eng. law. In London the apparel of a widow and the furniture of her chamber, left by her deceased husband, is so called, and the widow… more

WIDOWHOOD

The state of a man whose wife is dead or of a woman whose husband is dead. In general there is no law to regulate the… more

WIDOWER.

A man whose wife is dead. A widower has a right to administer to his wifes separate estate, and as her administrator to collect debts due… more

WIFE,

domestic relations. A woman who has a husband. 2. A wife, as such, possesses rights and is liable to obligations. These will be considered. 1st. She… more

WIFES EQUITY.

&, W. 407, 9 Sim, 597, 1 S. &, S. 250. 8. - 4. Whenever the wife insists upon her equity, the right will be exten-ded… more

WILFULLY,

intentionally. 2. In charging certain offences it is required that they should be stated to be wilfully done. Arch. Cr. Pl. 51, 58, Leachs Cr. L. 556. 3…. more

WILL,

criminal law. The power of the mind which directs the actions of a man. 2. In criminal law it is necessary that there should be an… more

WILL or TESTAMENT.

The legal declaration of a mans intentions of what he wills to be performed after his death. Co. Litt. 111, Swinb. Pt. 1, s. II. 1,… more

WHITE RENT,

English law. Rents paid in silver, and called white rents or redditus albi, to distinguish them from other rents which were not paid in money. 12… more

WHITE PERSONS

The acts of congress which authorize the naturalization of aliens, confine the description of such aliens to free white persons. 2. This of course excludes the African… more

WHEREAS.

leas, &,c., B. 5, 4, 2 Chit. Pl. 151, 178, 191, Gould, Pl. c. 3, ,47. … more

WHIPPING,

punishment. The infliction of stripes. 2. This mode of punishment, which is still practiced in some of the states, is a relict of barbarism, it has… more

WHEN AND WHERE.

These words are used in a plea when full defence is made the form is, “,when and were it shall behove him.”, This acknowledges the jurisdiction… more

WHEN

At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to… more

WHEEL.

The punishment of the wheel was formerly to put a criminal on a wheel, and then to break his bones until he expired. This barbarous punishment… more

WHELPS.

The young of certain animals of a base nature, or ferae naturae. 2. It is a rule that when no larceny can be committed of any… more

WHARFAGE.

The money paid for landing goods upon, or loading them from a wharf. Danes Ab. Index, h. t. … more

WHARFINGER

One who owns or keeps a wharf, for the purpose of receiving and shipping merchandise to or from it, for hire. 2. Like a warehouseman, (q.v.)… more

WHARF.

A space of ground artificially prepared for the reception of merchan-dise from a ship or vessel, so as to promote the convenient loading and discharge of… more

WHALER,

mar. law. A vessel employed in the whale fishery. 2. It is usual for the owner of the vessel, the captain and crew, to divide the… more

WETHER.

A castrated ram, at least one year old in ark indictment it may be called a sheep. 4 Car. &, Payne, 216, 19 Eng. Com. Law… more

WERGILD, or WEREGILD,

old Eng. law. The price which in a barbarous age, a person guilty of homicide or other enormous offence was required to pay, instead of receiving… more

WERE.

The name of a fine among the Saxons imposed upon a murderer. 2. The life of every man, not excepting that of the king himself, was esti-mated… more

WELL KNOWING.

These words are used in a declaration when the plaintiff sues for an injury which is not immediate and with force, and the act or nonfea-sance… more

WEAR.

A great dam made across a river, accommodated for the taking of fish, or to convey a stream to a mill. Jacobs Law Dict. h. t…. more

WED.

A covenant or agreement, whence a wedded husband. WEEK. Seven days of time. 2. The week commences immediately after twelve oclock, on the night between Saturday and… more

WEIGHAGE,

mer. law. In the English law it is a duty or toll paid for weighing merchandise, it is called tronage, (q. v.) for weighing wool at… more

WEIGHT.

diamonds. Troy weight is also used by apo-thecaries in compounding medicines, and by them the ounce is divided into eight drams, and the drain into three scruples,… more

WEIGHT OF EVIDENCE.

This phrase is used to signify that the proof on one side, of a cause is greater than on the other. 2. When a verdict has been… more

WELCH MORTGAGE,

Eng. law, contracts. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given… more

WELL.

A hole dug in the earth in order to obtain water. 2. The owner of the estate has a right to dig in his own… more

WAYS AND MEANS.

In legislative assemblies there is usually appointed a committee whose duties are to inquire into, and propose to the house, the ways and means to be… more

WAY GOING CROP

In Pennsylvania, by the custom of the, country, a tenant for a term certain is entitled after the expiration of his Iease, to enter and take… more

WAY BILL,

contracts. A writing in which is set down the names of passengers, who are carried in a public conveyance, or the description of goods sent with… more

WATER BAILIFF,

English law. An officer appointed to search ships in ports. 10 H. vii., 30. … more

WATER COURSE.

operty in the water itself, but a simple usufruct as it passes along. Agua currit et debet currere, is the language of the law. 3 Rawle, Rep…. more

WATER ORDEAL.

An ancient form of trial, now abolished, by which the accused, tied band and foot, were cast into cold water, and if they did not sink… more

WAVESON.

This name is given to such goods as after shipwreck appear upon the waves. Jacob, Law Dict. h. t. … more

WAY,

estates. A passage, street or road. A right of way is a privilege which an individual or a particular description of persons, such as the inhabitants… more

WARRANTEE.

One to whom a warranty is made. Touchst. 181. … more

WARRANTIA CHARTAE.

An ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he was sued or impleaded in… more

WARRANTOR.

One who makes a warranty. Touchst, 181. … more

WARRANTY,

has always been held to sound in damages which after judgment may be recovered out of the personal or real estate, as in other cases. Vide 4 Kent,… more

WARRANTY, VOUCHER TO,

practice. A warranty is a contract real, annexed to lands and tenements, whereby a man is bound to defend such lands and tenements from another person,… more

WASTE.

down without waste, is a question of fact for the jury under the direction of the court. 7 Johns. R. 227. The tenant may cut down… more

WASTE BOOK,

com. law. A book used among merchants. All the dealings of the merchant are recorded in this book in chronological order as they occur. … more

WATCH,

police. To watch is, properly speaking, to stand sentry and attend guard during the night time: certain officers called watchmen are appointed in most of the… more

WATCH AND WARD.

A phrase used in the English law, to denote the superinten-dence and care of certain officers, whose duties are to protect the public from harm. … more

WATCHMAN.

An officer in many cities and towns, whose duty it is to watch during the night and take care of the property of the inhabitants. 2. He… more

WATER.

That liquid substance of which the sea, the rivers, and creeks are composed. 2. A pool of water, or a stream or water course, is considered as… more

WARRANT OF ATTORNEY

practice. An instrument in writing, addressed to one or more attorneys therein named, authorizing them generally to appear in any court, or in some specified court, on behalf… more

WARRANDICE,

Scotch law. A clause in a charter of heritable rights by which the grantor obliges himself, that the right conveyed shall be effectual to the receiver…. more

WARRANT,

crim. law, Practice. A writ issued by a justice of the peace or other authorized officer, directed to a constable or other proper person, requiring him… more

WAREHOUSEMAN.

A warehouseman is a person who receives goods and merchandise to be stored in his warehouse for hire. 2. He is bound to use ordinary care… more

WAREHOUSE.

all be subject to quarantine or other re-straint, pursuant to the health laws of any state, at such convenient place or places as the safety of the revenue… more

WARDSHIP,

Eng. law. Wardship was the right of the lord over the person and estate of the tenant, when the latter was under a certain age. When… more

WARD,

a district. Most cities are divided for various purposes into districts, each of which is called a ward. … more

WARD,

police. To watch in the day time, for the purpose of preventing violations of the law. 2. It is the duty of all police officers and… more

WARD IN CHANCERY.

An infant who is under the superintendence of the chancellor. … more

WARDEN.

A guardian, a keeper. This is the name given to various officers: as, the warden of the prison, the wardens of the port of Philadelphia, church… more

WARD,

domestic relations. An infant placed by authority of law under the care of a guardian. 2. While under the care of a guardian a ward can… more

WAPENTAKE.

An ancient word used in England as synonymous with hundred. (q. v.) Fortesc. De Laud. ch. 24. … more

WAR.

A contention by force, or the art of paralysing the forces of an enemy. 2. It is either public or private. It is not intended here… more

WAIVER.,

The relinquishment or refusal to accept of a right. 2. In practice it is required of every one to take advantage of his rights at a… more

WAKENING,

Scotch law. The revival of an action. 2. An action is said to sleep, when it lies over, not insisted on for a year in which… more

WALL.

A building or erection so well known as to need no definition. In general a man may build a wall on any part of his estate,… more

WANTONNESS,

crim. law. A licentious act by one man towards the person of another without regard to his rights, as, for example, if a man should attempt… more

WAIVE.

A term applied to a woman as outlaw is applied to a man. A man is an outlaw, a woman is a waive. T. L.,… more

To WAIVE.

To abandon or forsake a right. 2. To waive signifies also to abandon without right, as “,if the felon waives, that is, leaves any goods in… more

WAIFS.

Stolen goods waived or scattered by a thief in his flight in order to effect his escape. 2. Such goods by the English common law belong… more

WAGER OF LAW,

Engl. law. When an action of debt is brought against a man upon a simple contract, and the defendant pleads nil debit, and concludes his plea… more

WAGER POLICY,

contracts. One made when the insured has no insurable interest. 2. It has nothing in common with insurance but the name and form. It is usually in… more

WAGERS.

A wager is a bet a contract by which two parties or more agree that a certain sum of money, or other thing, shall be paid… more

WAGES,

contract. A compensation given to a hired person for his or her services. As to servants wages, see Chitty, Contr. 171 as to sailors wages, Abbott… more

WAGER OF BATTEL.

A superstitious mode of trial which till lately disgraced the English law. 2. The last case of this kind was commenced in the year 1817, but not… more

WADSETTER

Scotch law. A creditor to whom a wadset is made. TO WAGE, contracts. To give a pledge or security for the performance of anything, as to wage… more

WADSET,

Scotch law. A right, by which lands, or other heritable subjects, are impignorated by the proprietor to his creditor in security of his debt, and, like… more

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20
Nov/110

V-Advocates Dictionary

VOYAGE,

marine law. The passage of a ship upon the seas, from one port to another, or to several ports. 2. Every voyage… more

VOUCHER TO WARRANTY,

common recoveries. The calling one who has warranted lands, by the party warranted, to come and defend the suit for him. Co. Litt. 101, b. Vide… more

VOTER.

One entitled to a vote; an elector. … more

VOUCHEE.

In common recoveries, the person who is called to warrant or defend the title, is called the vouchee. 2 Bouv. Inst. n. 2093. … more

VOUCHER,

accounts. An account book in which are entered the acquittances, or warrants for the accountant~s discharge. It also signifies any acquittance or receipt, which is evidence… more

VOUCHER,

common recoveries. The voucher in common recoveries, is the person on whom the tenant to the praecipe calls to defend the title to the land, because… more

VOTE.

Suffrage; the voice of an individual in making a choice by many. The total number of voices given at an election; as, the presidential vote. … more

VOLUNTARY DEPOSIT,

civil law. One which is made by the mere consent or agreement of the parties. 1 Bouv. Inst. n. 1054. … more

VOLUNTARY ESCAPE.

The giving to a prisoner voluntarily, any liberty not authorized by law. 5 Mass. 310; 2 Chipm. 11; 3 Harr. & John. 559; 2 Harr. &… more

VOLUNTARY JURISDICTION.

In the ecclesiastical law, jurisdiction is either contentious jurisdiction, (q. v.) or voluntary jurisdiction. By the latter term is understood that kind of jurisdiction which requires… more

VOLUNTARY NONSUIT,

practice. The abandonment of his cause by a plaintiff, and an agreement that a judgment for costs be entered against him. 3 Bouv. Inst. n. 3306…. more

VOLUNTARY SALE,

contracts. One made freely, without constraint, by the owner of the thing &old. 1 Bouv. Inst. n. 974. … more

VOLUNTARY WASTE.

That which is either active or wilful, in contradistinction to that which arises from mere negligence, which is called permissive waste. 2 Bouv. Inst. 2394, et… more

VOLUNTEERS,

contracts. Persons who receive a voluntary conveyance. (q. v.) 2. It is a general rule of the courts of equity that… more

VOLUNTEERS,

army. Persons who in time of war offer their services to their country and march in its defence. 2. Their rights… more

VOLUNTARY CONVEYANCE,

contracts. The transfer of an estate made without any adequate consideration of value. 2. Whenever a voluntary conveyance is made, a… more

VOLUNTARY.

Willingly; done with one~s consent; negligently. Wolff, §5. 2. To render an act criminal or tortious it must be voluntary. If… more

VOIDABLE.

That which has some force or effect, but which, in consequence of some inherent quality, may be legally annulled or avoided. … more

VOID,

contracts, practice. That which has no force or effect. 2. Contracts, bequests or legal proceedings may be void; these will be severally… more

VOCATIO IN JUS,

Roman civ. law. According to the practice in the legis actiones of the Roman law, a person having a demand against another, verbally cited him to… more

VIVA VOCE.

Living voice; verbally. It is said a witness delivers his evidence viva voce, when he does so in open court; the term is opposed to deposition…. more

VIVARY.

A place where living things are kept; as a park, on land; or in the water, as a pond. … more

VIVUM VADIUM,

or living pledge, contracts. When a man borrows a sum of money (suppose two hundred dollars) of another, and grants him an estate, as of twenty… more

VISNE.

The neighborhood; a neighboring place; a place near at hand; the venue. (q. v.) 2. Formerly the visne was confined to… more

VIS MAJOR,

a superior force. In law it signifies inevitable accident. 2. This term is used in the civil law in nearly the… more

VISA,

civ. law. The formula put upon an act; a register; a commercial book, in order to approve of it and authenticate it. … more

VISITATION.

The act of examining into the affairs of a corporation. 2. The power of visitation is applicable only to ecclesiastical and eleemo-synary… more

VISITER.

An inspector of the government, of corporations or bodies politic. 1 Bl. Com. 482. Vide Dane~s Ab. Index, h. t.; 7 Pick. 303; 12 Pick. 244…. more

VIRILIA.

The privy members of a man. Bract. lib. 3, p. 144. … more

VIRTUTE OFFICII.

By virtue of his office. A sheriff, a constable, and some other officers may, virtute officii, apprehend a man who has been guilty of a crime… more

VIS.

A Latin word which signifies force. In law it means any kind of force, violence, or disturbance, relating to a man~s person or his property. … more

VIS IMPRESSA.

Immediate force; original force. This phrase is applied to cases of trespass when a question arises whether an injury has been caused by a direct force,… more

VIRGA.

An obsolete word, which signifies a rod or staff, such as sheriffs, bailiffs, and constables carry, as a badge or ensign of their office. … more

VIRGINIA.

The name of one of the original states of the United States of America. This colony was chartered in 1606, by James the First, and this… more

VIOLENT PROFITS,

Scotch law. The gains made by a tenant holding over, are so called. Ersk. Inst. R. 2, tit. 6, s. 54. … more

VIOLENTLY,

pleading. This word was formerly supposed to be necessary in an indictment, in order to charge a robbery from the person, but it has been holden… more

VIOLATION.

An act done unlawfully and with force. In the English stat. of 25 E. III., st. 5, c. 2, it is declared to be high… more

VIOLENCE.

The abuse of force. Theorie des Lois Criminelles, 32. That force which is employed against common right, against the laws, and against public liberty. Merl. h…. more

VEXATION.

The injury or damage which, is suffered in consequence of the tricks of another. … more

VEXATIOUS SUITS,

torts. A vexatictus suit is one which has been instituted maliciously, and without probable cause, whereby a damage has ensued to the defendant. … more

VEXED QUESTION,

vexata quaestio. A question or point of law often discussed or agitated, but not determined nor settled. … more

VI ET ARMIS.

With force and arms. When man breaks into another~s close vi et armis, he may be opposed force by force, for there is no time… more

VIA.

A cart-way, which also includes a foot-way and a horse-way. Vide Way. … more

VIABLE,

Vitae habilis, capable of living. This is said of a child who is born alive in such an advanced state of formation as to be… more

VIABILITY,

med. jur. An aptitude to live after birth; extra uterine life. 1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See 2 Sav. Dr. Rom…. more

VICE.

A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in… more

VICE-ADMIRAL.

The title of an officer in the navy; the next in rank after the admiral. In the United States we have no officer by this… more

VICE-CHANCELLOR.

The title of a judicial officer who decides causes depending in the court of chancery; his opinions may be reversed, discharged or altered by the chancellor…. more

VICE-PRESIDENT OF THE UNITED STATES.

The title of the second officer, in point of rank, in the government of the United States. 2. To obtain a… more

VICE VERSA

On the contrary; on opposite sides. … more

VICECOMES.

The sheriff. … more

VICECOMES NON MISIT BREVE.

The sheriff did not send the writ. An entry made on the record when nothing has been done by virtue of a writ which has been… more

VICENAGE.

The neighborhood; the venue. (q. v.) … more

VICINETUM.

The neighborhood; vicenage; the venue. Co. Litt. 158 b. … more

VICONTIEL.

Belonging to the sheriff. … more

VIDELICET.

A Latin adverb signifying to wit, that is to say, namely, scilicet. (q. v.) This word is usually, abbreviated Viz. 2…. more

VIEW.

A prospect. 2. Every one is entitled to a view from his premises, but he thereby acquires no right over the… more

VIEW, DEMAND OF,

practice. In most real and mixed actions, in order to ascertain the identity of land claimed with that in the tenant~s possession, the tenant is allowed,… more

VIEWERS.

Persons appointed by the courts to see and examine certain matters, and make a report of the facts together with their opinion to the court. In… more

VIGILANCE.

Proper attention in proper time. 2. The law requires a man who has a claim to enforce it in proper… more

VILL.

In England this word was used to signify the parts into which a hundred or wapentake was divided. Fortesc. De Laud, ch. 24. See Co. Litt…. more

VILLAIN.,

An epithet used to cast contempt and contumely on the person to whom it is applied. 2. To call a man… more

VILLEIN,

Engl. law. A species of slave during the feudal times.~ 2. The feudal villein of the lowest order was unprotected as… more

VILLENOUS JUDGMENT,

punishments. In the English law it was a judgment given by the common law in attaint, or in cases of conspiracy. … more

VINCULO MATRIMONII.

A divorce. A vinculo matrimonii, is one from the bonds of matrimony. Such a divorce generally enables the parties to marry again. … more

VINDICATION,

civil law. The claim made to property by the owner of it. 1 Bell~s Com. 281, 5th ed. See Revendication. … more

TO VEST,

estates. To give an immediate fixed right of present or future enjoyment; an estate is vested in possession when there exists a right of present enjoyment;… more

VESTED REMAINDER,

estates. One by which a present interest passes to the party, though to be enjoyed in future, and by which the estate is invariably fixed to… more

VETERA STATUTA.

The name of vetera statuta, ancient statutes, has been given to the statutes commencing with Magna Charta~, and ending with those of Edward II. Crabb~s Eng…. more

VESSEL,

mar. law. A ship, brig, sloop or other craft used in navigation . 1 Boul. Paty, tit. 1, p. 100 . See sup. … more

VERSUS.

Against; as A B versus C D. This is usually abbreviated v. … more

VERT.

Everything bearing green leaves in a forest. Bac. Ab. Courts of the Foreat; Manwood, 146. … more

VERMONT.

The name of one of the new states of the United States of America. lt was admitted by virtue of “An act for the admission… more

VERIFICATION,

practice. The examination of the truth of a writing; the certificate that the writing is true. Vide Authentication. … more

VERIFICATION,

pleading. Whenever new matter is introduced on either side, the plea must conclude with a verification or averment, in order that the other party may have… more

VERBAL PROCESS.

In Louisiana, by this term is understood a written account of any proceeding or operation required by law, signed by the person commissioned to perform the… more

VERDICT,

Practice. The unanimous decision made by a jury and reported to the court on the matters lawfully submitted to them in the course of the trial… more

VERBAL NOTE.

In diplomatic language, memorandum or note not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance… more

VERBAL.

Parol; by word of mouth; as verbal agreement; verbal evidence. Not in writing. … more

VERAY TENANT, or TRUE TENANT,

Eng. law. One who holds a fee simple; in pleadings, he is called simply tenant. He differs from a tenant by the manner in this, that… more

VERAY.

This is an ancient manner of spelling urai, true. 2. In the English law, there are three kinds of tenants:… more

VENUE,

pleading. The venue is the county from which the jury are to come, who are to try the issue. Gould, Pl. c. 3, §102; Archb…. more

VENDOR,

contracts. A seller. (q. v.) One wbo disposes of a thing in consideration of money. Vide Purchaser; Seller. … more

VENIRE FACIAS,

practice, crim. law. According to the English law, the proper process to be issued on an indictment for any petit misdemeanor, on a penal statute, is… more

VENIRE, OR VENIRE PACIAS JURATORES,

practice. The name of a writ directed to the sheriff commanding him to cause to come from the body of the county before the court from… more

VENIRE FACIAS DE NOVO,

practice. The name of a new writ of venire facias; this is awarded when, by reason of some irregularity or defect in the proceeding on the… more

VENTE A REMERE.

A term used in Louisiana, which signifies a sale made reserving a right to the seller to repurchase the property gold by returning the price paid… more

VENTER or VENTRE.

Signifies literally the belly. In law it is used figuratively for the wife: for example, a man has three children by the first, and one by… more

VENDITION

A sale; the act of selling. … more

VENDITIONI EXPONAS,

practice. That you expose to sale. The name of a writ of execution, directed to the sheriff, commanding him to sell goods or chattels, and in… more

VEJOURS.

An obsolete word, which signified viewers or experts. (q. v.) … more

VENAL.

Something that is bought. The term is generally applied in a bad sense; as, a venal office is an office which has been purchased. … more

VENDEE,

contr. A purchaser; (q. v.) a buyer. … more

VECTIGALIA.

Among the Romans this word signified duties which were paid to the prince for the importation and exportation of certain merchandise. They differed from tribute, which… more

VASSAL,

feudal law. This was the name given to the holder of a fief, bound to perform feudal service; this word was then always correlative to that… more

VARIANCE,

pleading, evidence. A disagreement or difference between two parts of the same legal proceeding, which ought to agree together. Variances are between the writ and the… more

VALUED POLICY.

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… more

VALUE RECEIVED.

This phrase is usually employed in a bill of exchange or promissory note, to denote that a consideration has been given for it. … more

VALUATION.

The act of ascertaining the worth of a thing; or it is the esti-mated worth of a thing. 2. It differs from… more

VALUE,

common law. This term has two different meanings. It sometimes expresses the utility of an object, and some times the power of purchasing other good with… more

VALUABLE CONSIDERATION,

contracts. An equivalent for a thing purchased. Vide Vin. Ab. Consideration, B; 2 Bl. Com. 297; Consideration. … more

VALID

An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law…. more

VAGUENESS.

Uncertainty. 2. Certainty is required in contracts, wills, pleadings, judgments, and indeed in all the acts on which courts have to give… more

VAGRANT.

Generally by the word vagrant is understood a person who lives idly without any settled home; but this definition is much enlarged by some sta-tutes, and… more

VAGABOND.

One who wanders about idly, who has no certain dwelling. The ordonnances of the French define a vagabond almost in the same terms. Dalloz, Dict. Vagabondage…. more

VADIUM VIVUM,

contracts. A species of security by which the borrower of a sum of money, made over his estate to the lender, until he had received that… more

VADIUM,

contracts. A pledge, or surety. … more

VADIUM MORTUUM,

contracts. A mortgage or dead-pledge; it is a security given by the borrower of a sum of money, by which he grants to the lender an… more

VACANCY.

A place which is empty. The term is principally applied to cases where an office is not filled. 2. By the constitution… more

VACANT POSSESSION,

estates. An estate which has been abandoned by the tenant; the abandonment must be complete in order to make the possession vacant, and therefore if the… more

VACANT SUCCESSION.

An inheritance for which the heirs are unknown. … more

VACANTIA, BONA,

civil law. Goods without an owner. Such goods escheat. … more

TO VACATE

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… more

VACATION.

That period of time between the end of one term and beginning of another. During vacation, rules and orders are made in such cases as are… more

VACCARIA,

old Engl. law. A word which is derived from vacca, a cow, and signifies a dairy-house. Co. Litt. 5 b. … more

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20
Nov/110

U-Advocates Dictionary

UTI POSSIDETIS.

This phrase, which means as you possess, is used in international law to signify that the parties to a treaty are to retain possession of what… more

TO UTTER,

crim. law. To offer, to publish. 2. To utter and publish a counterfeit note is to assert and declare, directly or indirectly,… more

UTTER BARRISTER,

English law, Those barristers who plead without the bar, and are distinguished from benchers, or those who have been readers and who are allowed to plead… more

UTERINE BROTHER,

domestic relations. A brother by the mother~s side. … more

USURPATION,

torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Toml…. more

USURPATION,

government. The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country. … more

USURPED POWER,

insurance. By an article of the printed proposals which are considered as making a part of the contract of insurance it is provided, that “No loss… more

USURPER

government. One who assumes the right of government by force, contrary to and in violation of the constitution of the country. Toull. Dr. Civ. n. 32. Vide… more

USURY,

contracts. The illegal profit which is required and received by the lender of a sum of money from the borrower for its use. In a more… more

USUFRUCTUARY,

civil law. One who has the right and enjoyment of an usufruct. 2. Domat, with his usual clearness, points out the duties… more

USUFRUCT,

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… more

USHER.

This word is said to be derived from a huissier, and is the name of an inferior officer in some English courts of law Archb…. more

USUCAPTION,

civil law. The manner of acquiring property in things by the lapse of time required by law. 2. It differs from prescription,… more

USEFUL.

That which may be put into beneficial practice. 2. The patent act of congress of July 4, 1836, sect. 6, in… more

USE,

civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance; it differs from usufruct, which… more

UNLAWFUL ASSEMBLY,

crim. law. A disturbance of the public peace by three or more persons who meet together with an intent mutually to assist each other in the… more

UNLAWFULLY,

pleadings. This word is frequently used in indictments in the description of the offence; it is necessary when the crime did not exist at common law,… more

UNLIQUIDATED DAMAGES.

Such damages, as are unascertained. In general such damages cannot be set-off. No interest will be allowed on unliquidated damages. 1 Bouv. Inst. n. 1108. See… more

UNSOUND MIND; UNSOUND MEMORY.

These words have been adopted in several statutes, and sometimes indiscriminately used to signify, not only lunacy, which is periodical madness, but also a permanent adventitious… more

UNSOUNDNESS.

Vide Crib-biting; Roaring; Soundness. … more

UNWHOLESOME FOOD.

Food not fit to be eaten; food which, if eaten, would be injurious. 2. Although the law does not in general… more

UPLIFTED HAND

When a man accused of a crime is arraigned, he is required to raise his hand, probably in order to identify the person who pleads. Perhaps… more

URBAN.

Relating to a city; but in a more general sense it signifies relating to houses. 2. It is used in this latter… more

USAGE.

Long and uniform practice. In its most extensive meaning this term includes custom and prescription, though it differs from them in a narrower sense, it is… more

USANCE,

commercial law. The term usance comes from usage, and signifies the time which by usage or custom is allowed in certain countries, for the payment of… more

USE,

estates. A confidence reposed in another, who was made tenant of the land or terre tenant, that he should dispose of the land according to the… more

UNITED STATES OF AMERICA.

The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,… more

UNITY,

estates. An agreement or coincidence of certain qualities in the title of a joint estate or an estate in common. 2…. more

UNITY OF POSSESSION.

This term is used to designate the possession by one person of several estates or rights. For example, a right to an estate to which an… more

UNIVERSAL LEGACY.

A term used among civilians. An universal legacy is a testamentary disposition, by which the testator gives to one or several persons the whole of the… more

UNIVERSAL PARTNERSHIP.

The name of a specie~s of partnership by which all the partners agree to put in common all their property, universorum bonorum, not only what they… more

UNIVERSITY.

The name given to certain societies or corporations which are seminaries of learning where youth are sent to finish their education. Among the civilians by this… more

UNJUST.

That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is… more

UNKNOWN.

When goods have been stolen from some person unknown, they may be so described in the indictment; but if the owner be really known, an indictment… more

UNLAWFUL.

That which is contrary to law. 2. There are two kinds of contracts which are unlawful; those which are void, and… more

UNINTELLIGIBLE.

That which cannot be understood. 2. When a law, a contract, or will, is unintelligible, it has no effect whatever. Vide Construction,… more

UNIO PROLIUM

A species of adoption used among the Germans; it signifies union of descent. It takes place when a widower, having children, marries a widow, who also… more

UNION.

By this word is understood the United States of America; as, all good citizens will support the Union. … more

UNDIVIDED.

That which is held by the same title by two or more persons, whether their rights are equal, as to value or quantity, or unequal. … more

UNICA TAXATIO,

practice. The ancient language of a special award of venire, where of several defendants, one pleads, and one lets judgment go by default, whereby the jury,… more

UNILATERAL CONTRACT,

civil law. When the party to whom an engagement is made, makes no express agreement on his part, the contract is called uni-lateral, even in cases… more

UNDERWRITER,

insurances. One who signs a policy of insurance, by which he becomes an insurer. 2. By this act he places himself as… more

UNDER-TUTOR,

law of Louisiana. In every tutorship, there shall be an undertutor, whom it shall be the duty of the judge to appoint at the time letters… more

UNDERTAKING,

contracts. An engagement by one of the parties to a contract to the other, and not the mutual engagement of the parties to each other; a… more

UNDERTOOK.

Assumed; promised. 2. This is a technical word which ought to be inserted in every declaration of assumpsit, charging that the defendant… more

UNDER-TENANT.

One who holds by virtue of an underlease. (q. v.) See Subtenant. … more

UNDER-SHERIFF.

A deputy of a sheriff. The principal is called high-sheriff, and the deputy the under-sheriff. Vide 1 Phil . Ev. Index, h. t. … more

UNCERTAINTY.

That which is unknown or vague. Vide Certainty. … more

UNCONDITIONAL.

That which is without condition; that which must be performed without regard to what has happened or may happen. … more

UNCONDITIONAL CONTRACT,

contracts. One which does not depend upon any condition whatever. 1 Bouv. Inst. n. 730. … more

UNCONSCIONABLE BARGAIN,

contracts. A contract which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would… more

UNCONSTITUTIONAL.

That which is contrary to the constitution. 2. When an act of the legislature is repugnant or contrary to the constitution, it is,… more

UNCORE PRIT,

pleading. This barbarous phrase of old French, which is the same with encore pret, yet ready, is used in a plea in bar to an action… more

UNDE NIHIL HABET.

Of which she has nothing. When no dower had been assigned to the widow during the time prescribed by law, she could, at common law, sue… more

UNDERLEASE,

contracts. An alienation by a tenant of a part of his lease, reserving to himself a reversion; it differs from an assignment, which is a transfer… more

UNANIMITY.

The agreement of all the persons concerned in a thing in design and opinion. 2. Generally a simple majority (q. v.) of… more

UNA VOCE.

With one voice unanimously. … more

UNALIENABLE

The state of a thing or right which cannot be sold. 2. Things which are not in commerce, as public roads, are… more

UBERRIMA FIDES.

Perfect good faith; abundant good faith. 2. This phrase is used to express that a contract must be made in perfect good… more

UKAAS, or UKASE.

The name of a law or ordinance emanating from the czar of Russia. … more

ULLAGE,

com. law. When a cask is gauged, what it wants of being full is called ullage. … more

ULTIMATUM.

The last proposition made in making a contract, a treaty, and the like; as, the government of the United States has given its ultimatum, has made… more

ULTIMUM SUPPLICIUM.

The last or extreme punishment; the penalty of death. … more

ULTIMUS HAERES.

The last or remote heir; the lord. So called in contra-dis-tinction to the haeredes proximus, (q. v.) and the haeredes remotiores. (q. v.) Dalr Feud. Pr…. more

UMPIRAGE.

The decision of an umpire. This word is used for the judgment of an umpire, as the word award is employed to designate that of arbitrators…. more

UMPIRE.

A person selected by two or more arbitrators. When they are authorize to do so by the submission of the parties, and they cannot agree as… more

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20
Nov/110

T-Advocates Dictionary

TYBURN TICKET

Eng. late. A certificate given to the prosecutor of a felon to conviction, is so called. 2. By the 10 & 11. W. III.,… more

TYRANNY,

government. The violation of those laws which regulate the division and the exercises of the sovereign power of the state. It is a violation of -its… more

TYRANT,

government. The chief magistrate of the state, whether legitimate or otherwise, who violates the constitution to act arbitrarily contrary to justice. Toull. tit. prel. n. 32…. more

TWELVE TABLES

The name given to a code of Roman laws, commonly called the Law of the Twelve Tables. (q. v.) … more

TWENTY YEARS.

The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will… more

TUTRIX

A woman who is appointed to the office of a tutor. … more

TUTOR ALIENUS

Eng. law. The name given to a stranger who enters into the lands of an infant within the age of fourteen), and takes the profits. … more

TUTOR PROPRTUS.

The name given to one who is rightly a guardian in socage in contradistinction, to a tutor alienus. (q. v.) … more

TUTORSHIP

The power which an individual, sui juris, has to take care of the person of one who is unable to take care of himself. Tutorship differs… more

TUTELAGE.

State of guardianship; the condition of one who is subject to the control of a guardian. … more

TUTOR,

civil law. A person who has been lawfully appointed to the care of the person and property of a minor. 2. By the… more

TURPITUDE.

Everything done contrary to justice, honesty, modesty or good morals, is said to be done with turpitude. … more

TRUSTER.

He who creates a trust. A convenient term used in the laws of Scotland. 1 Bell~s Com. 321, 6th ed. … more

TRUTH.

The actual state of things. 2. In contracts, the parties are bound to toll the truth in their dealings, and a deviation from… more

TUB

measures. In mercantile law, a tub is a measure containing sixty pounds weight of tea; and from fifty-six to eighty-six pounds of camphor. Jacob~s Law Dict. h…. more

TUB-MAN,

Eng. law. A barrister who has a pre-audience in the Exchequer, and also one who has a particular place in court, is so called. … more

TUMBREL

punishment. A species of cart; according to Lord Coke, a dung-cart. 2. This instrument, like the pillory, was used as a means of exposure; and… more

TUN,

measure. A vessel of wine or oil, containing four hogsheads. … more

TURBARY,

Eng. law. A right to dig turf; an easement. … more

TURNKEY.

A person under the superintendence of a jailor, whose employment is to open and fasten the prison doors and to prevent the prisoners from escaping. … more

TURNPIKE.

A public road paved with stones or other hard substance. 2. Turnpike roads are usually made by corporations to which a power to make them… more

TURPIS CAUSA

contracts. A base or vile consideration, forbidden by law, which makes the contract void; as a contract, the consideration of which is the future illegal cohabitation of… more

TRUSTEE PROCESS,

practice. In Massacchusetts, this is a process given by statute, in imitation of the foreign attachment of the English law. 2. By this process,… more

TRUSTEE,

estates. A trustee is one to whom an estate has been conveyed in trust. 2. The trust estate is not subject to the… more

TRUE BILL

practice. These words are endorsed on a bill of indictment, when a grand jury, after having heard the witnesses for the government, are of opinion that there… more

TRUST

contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering… more

TRUCE,

intern. law. An agreement between belligerent parties, by which they mutually engage to forbear all acts of hostility against each other for some time, the war… more

TROY WEIGHT.

A weight less ponderous than the avoirdupois weight, in the proportion of seven thousand, for the latter, to five thousand seven hundred and sixty, to the former…. more

TRONAGE,

Engl. law. A customary duty or toll for weighing wool, so called because it was weighed by a common trona, or beam. Fleta, lib. 2,… more

TROVER,

remedies. Trover signifies finding. The remedy is called an action of trover; it is brought to recover the value of personal chattels, wrongfully converted by another… more

TRIPARTITE.

Consisting of three parts, as a deed tripartite, between A of the first part, B of the second part, and C of the third part. … more

TRIPLICATION

pleading. This was formerly used in pleading instead of rebutter. 1 Bro. Civ. Law, 469, n. … more

TRITAVUS

The male ascendant in the sixth degree was so called among the Romans. For the female ascendant in the same degree, the term is tritavia. In… more

TRIUMVIRI CAPITALES or TREVIRI or TRESVIRI,

Rom, civ. law. Officers who had charge of the prison, through whose intervention punishments were inflicted. Sallust in Catalin. They had eight lictors to execute their orders…. more

TRIVIAL.

Of small importance. It is a rule in equity that a demurrer will lie to a bill on the ground of the triviality of the… more

TRIORS,

practice. Persons appointed according to law to try whether a person challenged to the favor is or is not qualified to serve on the jury. They… more

TRINEPOS.

This term was used among the Romans to denote the male descendant in the sixth degree in a direct line. It is still employed in… more

TRINITY TERM,

Eng. law. One of the four terms of the courts; it begins on the 22d day of May, and ends on the 12th of June…. more

TRIBUTE.

A contribution which is sometimes raised by the sovereign from his subject, to sustain the expenses of the state. It is also a sum of money… more

TRIAL LIST

A list of cases marked down for trial for any one term. … more

TRIBUNAL.

The seat of a judge; the place where he administers justice; but by this term is more usually understood the whole body of judges who compose… more

TRESPASS,

remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and… more

TRESPASS DE BONIS ASPORTATIS

practice. The action brought by the owner of goods for unlawfully taking and carrying them away, is so called. This action will lie for taking away another~s… more

TRESPASS ON THE CASE

practice. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only… more

TRESPASS QUARE CLAUSUM FREGIT

practice. This is the name of a remedy which lies to recover damages when the defendant has unlawfully and wrongfully trespassed upon the real estate of the… more

TRESPASS VI ET ARMIS,

practice. This is the remedy brought by the plaintiff for an immediate injury committed with force. It is distinguished from an action of trespass on the case,… more

TRESPASSER.

One who couimits a trespass. 2. A man is a trespasser by his own direct actohen he acts without any excuse; or he may… more

TRET,

weights and measures. An allowance made for the water or TRIAL, practice., The examination before a competent tribunal, according to the laws,… more

TRESPASS

torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common… more

TRESAILE or TRESAYLE,

domestic relations. The grandfather~s grandfather. 1 Bl. Com. 186. … more

TREBUCKET.

The name of an engine of punishment, said to be synonymous with tumbrel. (q. v.) … more

TREE.

A woody plant, which in respect of thickness and height grows greater than any other plant. 2. Trees are part of the real… more

TREBLE COSTS,

remedies. By treble costs, in the English law, is understood, 1st. The usual taxed costs. 2d. Half thereof. 3d. Half the latter; so that in effect… more

TREBLE DAMAGES,

remedies. In actions arising ex contractu some statutes give treble damages; and these statutes have been liberally construed to mean actually treble damages; for example, if… more

TREATY OF PEACE.

A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they… more

TREASURY

The place where treasure is kept the office of a treasurer. The term is more usually applied to the public than to a private treasury. Vide… more

TREATY,

international law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or… more

TREASURER.

An officer entrusted with the treasures or money either of a private individual, a corporation, a company, or a state. 2. It is… more

TREASURER. OF THE MINT.

An officer created by the act of January 18, 1837, whose duties are prescribed as follows: The treasurer shall receive and safely keep all moneys which… more

TREASURER OF THE UNITED STATES

government. Before entering on the duties of his office, the treasurer is required to give bond with sufficient sureties, approved by the secretary of the treasury and… more

TREASURE TROVE.

Found treasure. 2. This name is given to such money or coin, gold, silver, plate, or bullion, which having been hidden or concealed… more

TREASON,

crim. law. This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Com. 75. 2. The constitution of the United… more

TRANSITUS.

The act of going, or of removing goods, from one place to another. The transitus of goods from a seller commences the moment he has delivered them… more

TRANSLATION.

The copy made in one language of what has been written, or spoken in another. 2. In pleading, when a libel or an… more

TRANSMISSION,

civ. law. The right which heirs or legatees may have of passing to their successors, the inheritance or legacy to which they were entitled, if they happen… more

TRANSPORTATION,

punishment. In the English law, this punishment is inflicted by virtue of sundry statutes; it was unknown to the common law. 2 H. Bl. 223. It… more

TRAVAIL.

The act of child-bearing. 2. A woman is said to be in her travail from the time the pains of child-bearing commence until… more

TRAVERSE,

crim. law practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and… more

TRAVERSE,

pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings; Lawes~ Civ. Plead…. more

TRANSITORY.

That which lasts but a short time, as transitory facts that which may be laid in different places, as a transitory action. … more

TRANSITORY ACTION,

pract., plead. Actions are transitory when the venue may lawfully be laid in any county, though the cause of action arose out of the jurisdiction of… more

TRANSIRE,

Eng. law. A warrant for the custom-house to let goods pass: a permit. (q. v.) See, for a form of a transire, Harg. L. Tr…. more

TRAFFIC.

Commerce, trade, sale or exchange of merchandise, bills, money and the like. … more

TRAITOR,

crimes. One guilty of treason. 2. The punishment of a traitor is death. … more

TRAITOROUSLY,

pleadings. This is a technical word, which is essential in an indictment for treason in order to charge the crime, and which cannot be supplied by… more

TRANSACTION,

contracts, civil law. An agreement between two or more persons, who for the purpose of preventing or putting an end to a law-suit, adjust their differences… more

TRANSCRIPT

A copy of an original writing or deed. 2. In Pennsylvania, the act of assembly of March 20th, 1810, s. 10, calls… more

TRANSFER

cont. The act by which the owner of a thing delivers it to another person, with the intent of passing the rights which he has in… more

TRANSFEREE.

He to whom a transfer is made. … more

TRANSFERENCE,

Scotch law. The name of an action by which a suit, which was pending at the time the parties died, is transferred from the deceased to his… more

TRANSFEROR.

One who makes a transfer. … more

TRANSGRESSION.

The violation of a law. … more

TRANSHIPMENT,

mar. law. The act of taking the cargo out of one ship and loading it in another. 2. When this is done from… more

TRADER.

One who makes it his business to buy merchandise or goods and chattels, and to sell the same for the purpose of making a profit. The… more

TRADITIO BREVIS MANUS.

This term is used in the civil law to designate the delivery of a thing, by the mere consent of the parties; as, when Peter holds the… more

TRADITION,

contracts, civil law. The act by which a thing is delivered by one or more persons to one or more others. 2. In… more

TRADE MARKS.

Signs, writings or tickets put upon manufactured goods, to distinguish them from others. 2. It seems at one time to have been thought… more

TRADE.

In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a more limited sense it signifies the… more

TOWN.

This word is used differently in different parts of the United States. In Pennsylvania and some other of the middle states, it signifies a village or a… more

TOWAGE

contracts. That which is given for towing ships in rivers. Guidon de la Mer, ch. 16; Poth. Des Avaries, n. 147; 2 Chit. Com. Law, 16. … more

TOUJOURS ET UNCORE PRIST.

Always, and still ready. This is the name of a plea of tender, as where a man is indebted to another, and he tenders the amount… more

TOUR D~ECHELLE

French law. Tour d~echelle is a right which the owner of an estate has of placing ladders on his neighbor~s property to facilitate the reparation of a… more

TOUT TEMPS PRIST,

pleading. These old French words signify always ready. The name of a plea to an action where the defendant alleges that he has always been ready… more

TOTAL LOSS.

A technical expression, importing an utter loss of the property for the voyage, and no more. 1 T. R. 187. Vide Loss, and 2 Phil. Ev…. more

TOTALITY.

The whole sum or quantity. 2. In making a tender, it is requisite that the totality of the sum due should be offered,… more

TOTIDEM VERBIS.

In so many words. … more

TOTIES QUOTIES.

As often as the thing shall happen. … more

TOUCH AND STAY

These words are frequently introduced in policies of insurance, giving the party insured the right to stop and stay at certain designated points in the course… more

TOTAL

Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and… more

TORTFEASOR

A wrong-doer, one who does wrong; one who commits a trespass or is guilty of a tort. … more

TORTURE,

punishments. A punishment inflicted in some countries on supposed criminals to induce them to confess their crimes, and to reveal their associates. 2. This… more

TORT.

An injury; a wrong; (q. v.) hence the expression an executor de son tort, of his own wrong. Co. Lit. 158. 2. Torts… more

TOOLS.

The Massachusetts act of assembly of 1805, c. 100, which provided that “the tools of any debtor necessary for his trade and occupation, should be exempted… more

TOOK AND CARRIED AWAY,

pleadings. In an indictment for simple larceny, the words “feloniously took and carried away” the goods stolen, are indispensable. Bac. Abr. Indictment, GI; Com. Dig. Indictment,… more

TONTINE,

French law. The name of a partnership composed of creditors or, re-cipients of perpetual or life-rents or annuities, formed on the condition that the rents of… more

TITLE,

legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. … more

TITLE,

persons. Titles are distinctions by which a person is known. 3. The constitution of the United States forbids the tyrant by the United States,… more

TITLE,

Iiterature. The particular division of a subject, as a law, a book, and the like; for example, Digest, book 1, title 2; for the law relating… more

TITLE,

rights. The name of a newwpaper a book, and the like. 3. The owner of a newspaper, having particular title, has a right… more

TITLE,

pleading, rights. The right of action which the plaintiff has; the declaration must show the plaintiff~s title, and if such title be not shown in that instrument,… more

TITLE DEEDS.

Those deeds which are evidences of the title of the owner of an estate. 2. The person who is entitled to the inheritance… more

TITLE OF A DECLARATION,

pleading. At the top of every declaration the name of the court is usually stated, with the term of which the declaration is filed, and in… more

TO WIT.

That is to say; namely; scilicet; (q. v.) videlicet. (q. v.) … more

TOFT.

A place or piece of ground on which, a house formerly stood, which has been destroyed by accident or decay; it also signifies a messuage. … more

TOGATI.

Rom. civ, law. Under the empire, when the toga had ceased to be the usual costume of the Romans, advocates were nevertheless obliged to wear it… more

TOKEN,

contracts, crimes. A document or sign of the existence of a fact. 2. Tokens are either public or general, or privy tokens. They are… more

TOKEN,

commercial law. In England, this name is given to pieces of metal, made in the shape of money, passing among private persons by consent at a… more

TOLERAT10N.

In some. countries, where religion is established by 1aw, cer-tain sects who do not agree with the established religion are nevertheless permitted to exist, and this permission… more

TOLL,

contracts. A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or… more

TO TOLL,

estates, rights. To bar, defeat, or take away; as to toll an entry into lands, is to deny. or take away the right of entry…. more

TOLLS.

In a general sense, tolls signify any manner of customs, subsidy, prestation, imposition, or sum of money demanded for exporting or importing of any wares or merchandise,… more

TON

Twenty hundred weight, each hundred weight being one hundred and twelve pounds avoirdupois. See act of congress of Aug. 30, 1842, c. 270, s. 20. … more

TONNAGE,

mar. law. The capacity of a ship or vessel. 2. The act of congress of March 2, 1799, s. 64, 1 Story~s… more

TITLE

estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. Co…. more

TITHES,

Eng. law. A right to the tenth part of the produce of, lands, the stocks upon lands, and the personal industry of the inhabitants. These tithes are… more

TITHING,

Eng. law. Formerly a district containing ten men with their fam-ilies. In each tithing there was a tithing man whose duty it was to keep the peace,… more

TIPPLING HOUSE.

A place where spirituous liquors are sold and drunk in vio-lation of law. Sometimes the mere selling is considered as evidence of keeping a tippling house…. more

TIPSTAFF.

An officer appointed by the marshal of the court of king~s bench, to attend upon the judges with a kind of a rod or staff… more

TIME,

pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions. 2. - 1. Impersonal actions, the… more

TIE.

When two persons receive an equal number of votes at an election, there is said to be a tie. 2. In that case neither… more

TIEL.

An old manner of spelling tel. Such as nul tiel record, no such record. … more

TIEMPO INHABIL

A Spanish phrase used in Louisiana, to express a time when a man is not able to pay his debts. 2. A… more

TIERCE,

measures. A liquid measure containing the third part of a pipe, or forty-two gallons. … more

TIGNI IMMITTENDI

civil law. The name of a servitude; it is the right of inserting a beam or timber from the wall of one house into that of… more

TIMBER TREES.

According to Blackstone, oak, ash, elm, and such other trees as are commonly used for building, are considered timber. 2 Comm. 28. But it has been… more

TIME,

contracts, evidence, practice. The measure of duration., It is divided into years, months. days, (q. v.) hours, minutes, and seconds. It is also divided into day and… more

TIDE.

The ebb and flow of the sea. 2. Arms of the sea, bays, creeks, coves, or rivers, where the tide ebbs and flows,… more

THOUGHT.

The operation of the mind. No one can be punished for his mere thoughts however wicked they may be. Human laws cannot reach them, first, because they… more

THREAD.

A figurative expression used to signify the central line of a stream or water course. Harg. Tracts, 5; 4 Mason~s Rep. 397; Holt~s R. 490. Vide… more

THREAT,

crim. law. A menace of destruction or injury to the lives or property of those against whom it is made. 2. Sending threatening letters… more

THREAT,

evidence. Menace. 2. When a confession is obtained from a person accused of crime, in consequence of a threat, evidence of such confession cannot… more

THROAT,

med. jur. The anterior part of the neck. Dungl. plea. Diet. h. t.; Coop. Dict. h. t.; 2 Good~s Study of Med. 302; 1 Chit…. more

TICK,

contracts. Credit; as, if a servant usually buy for the master upon tick, and the servant buy something without the master~s order, yet, if the master… more

THOROUGHFARE.

A street or way so open that one can go through and get out of it without returning. It differs from a cul de sac,… more

THIRLAGE,

Scotch law. The name of servitude by which lands are astricted or thirled to a particular mill, and the possessors bound to grind their grain there,… more

THIRD PARTIES.

This term includes all persons who are not parties to the contract, agrement or instrument of writing, by which their interest in the thing conveyed is sought… more

THINGS.

By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this… more

THIEF,

crimes. One who has been guilty of larceny or theft. … more

THING ADJUDGED.

That which has been decided by a final judgment, by a tribu-nal of competent jurisdiction, from which there can be no appeal, either because the appeal did… more

THEFT

crimes. This word is sometimes used as synonymous with larceny, (q. v.) but it is not so technical. Ayliffe~s Pand. 581 2 Swift~s Dig. 309. … more

THEFT-BOTE.

The act of receiving a man~s goods from the thief, after they had been stolen by him, with the intent that he shall escape punishment. … more

THEOCRACY.

A species of government which claims to be immediately directed by God. 2. La religion qui, dans l~antiquite, s~associa souvent au despotisms, pour regner…. more

THAINLAND,

old Eng. law. The land which was granted by the Saxon kings to their thains or thanes was so called. Crabb~s C. L. 10. … more

TEXAS.

The name of one of the new states of the United, States of America. Texas was an independent republic. By the joint resolution of congress of March… more

TESTIMONY,

evidence. The statement made by a witness under oath or affirmation. Vide Bill to perpetuate testimony. … more

TESTMOIGNE.

This is an old and barbarous French word, signifying in the old books, evidence. Com. Dig. h. t. … more

TESTIMONIAL PROOF

civ. law. This word is used in the same sense as we use parol evidence, and, in contradistinction to literal proof, which is written evidence. … more

TESTES.

Witnesses. … more

TO TESTIFY.

To give evidence according to law; the examination of a witness who declares his knowledge of facts. … more

TESTE

practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. 2. The act of congress of May 8,… more

TESTATRIX.

A woman who makes a will or testament, is so called. … more

TESTATUM,

practice. The name of a writ which is issued by the court of one county, to the sheriff of another county, in the same state,… more

TESTATUM,

conveyancing. That part of a deed which commences with the words “this indenture witnesseth.” … more

TESTATOR.

One who has made a testament or will. 2. In general, all persons may be testators. But to this rule there are various exceptions…. more

TESTAMENTARY.

Belonging to a testament; as a testamentary gift; a testamen-tary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal given… more

TESTATE.

One who dies having made a testament; a testator. This word is used in this sense, in the act of the legislature of Pennsylvania, entitled “An act… more

TERROR.

That state of the mind which arises from the event or phenomenon that may serve as a prognostic of some catastrophe affright from apparent danger. … more

TERTIUS INTERVENIENS

civil law. One, who claiming an interest in the subject or thing in dispute in action between other parties, asserts his right to act with the plaintiff,… more

TEST.

Something by which to ascertain the truth respecting another thing. 7 Penn. St. Rep. 428; 6 Whart. 284. Vide Religious Test. … more

TESTACY.

The state or condition of dying after making a will, which was valid at the time of testator~s death. … more

TESTAMENT

civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Domat, Liv. 1, tit. 1, s. 1. 2…. more

TERRITORY.

Apart of a country, separated from the rest, and subject to a particular jurisdiction. The word is derived from terreo, and is so called because the magistrate… more

TERRITORIAL COURTS.

The courts established in the territories of the United States. Vide Courts of the United States. … more

TERRIER,

Engl. Iaw. A roll, catalogue or survey of lands, belonging either to a single person or a town, in which are stated the quantity of, acres, the… more

TERMOR.

One who holds lands and tenements for a term of years or, life. Litt. sect. 100; 4 Tyr. 561. … more

TERRE-TENANT,

or improperly terre-tenant. One who has the actual possession of land; but in a more technical sense, he who is seised of the land; and, in the… more

TERMINUS AD QUEM.

The point of termination of a private way is so called. … more

TERMINUM.

In the civil law, says Spelman, this word signifies a day set to the defendant, and, in that sense, Bracton, Glanville and some others sometimes use it…. more

TERMINUS A QUO.

The starting point of a private way is so called. Hamm. N. P. 196. … more

TERM FOR YEARS.

An estate for years, (q. v.) and the time during which such estate is to be beld, are each called a term; hence the term… more

TERM,

practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according… more

TERM ATTENDANT ON THE INHERITANCE.

This phrase is used in the English courts of equity, to signify that when a term has been created for a particular purpose, which is satisfied,… more

TERM PROBATORY.

A probatory term is the time during which evidence may be taken in a cause. Vide Probatory term. … more

TERM,

estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in… more

TERM,

construction. Word; expression speech. 2. Terms or words are characters by which we announce our sentiments, and make known to others things with… more

TERM,

contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms… more

TENSE.

A term used in, grammar to denote the distinction of time. 2. The acts of a court of justice ought to be in… more

TERCE,

law of Scotland. A life-rent competent by law to widows who have not accepted of special provisions in the third part of the heritable subjects in which… more

TENURE,

estates. The manner in which lands or tenements are holden. 2. According to the English law, all lands are held mediately or immediately from the king,… more

TENUIT.

Which he held. When the tenancy is ended and the tenant is sued in an action of waste, the averment of tenure is in the… more

TENET.

Which he holds. There are two ways of stating the tenure in an action of waste. The averment is either in the tenet and the… more

TENOR,

pleading. This word, applied to an instrument in pleading, signifies an exact copy; it differs from purport. (q. v.) 2 Phil. Ev. 99; 2 Russ. on… more

TENERI,

contracts. That part of a bond where the obligor declares himself to be held and firmly bound to the obligee, his heirs, executors, administrators and assigns,… more

TENNESSEE.

The name of one of the new states of the United States of America. This state was admitted into the Union by virtue of the “act for… more

TENENDUM,

conveyancing. This is a Latin word, which signifies to hold. 2. It was formerly that part of a deed which was used to express… more

TENENDAS,

Scotch law. The name of a clause in charters of heritable rights which derives its name from its first words tenendus praedictas terras, and expresses the… more

TENEMENT

estates. In its most extensive signification tenement comprehends every thing which may be holden, provided it be of a permanent nature; and not only lands and inheritances… more

TENDER

contracts, pleadings. A tender is an offer to do or perform an act which the party offering, is bound to perform to the party to whom the… more

TENANT RIGHT,

Eng. law. In leases from the crown, corporations or the church, it is usual to grant a further term to the old tenants in preference to… more

TENANT BY THE MANNER.

One who has a less estate than a fee in land, which remains in the reversioner. He is so called because in avowries and other pleadings, it… more

TENANT PARAVAIL,

English law. The tenant of a tenant; and is so called because he has the avails or profits of the land. Ham. N. P. 892, 393…. more

TENANT OF THE DEMESNE

Eng. law. One who is tenant of a mesne lord; as where A is tenant of B, and C of A; B is the lord, A… more

TENANT

estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will. See 5 Mann…. more

TENANCY or TENANTCY.

The state or condition of a tenant; the estate held by a tenant, as a tenant at will, a tenancy for years. … more

TEMPORARY.

That which is to last for a limited time; as, a temporary sta-tute, or one which is limited in its operation for a particular period of… more

TEINDS,

Scotch Law. That liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other… more

TELLER.

An officer in a bank or other institution. He is said to take that name from tallier, or one who kept a tally, because it… more

TECHNICAL.

That which properly belongs to an art. 2. In the construction of contracts, it is a general rule that technical words are to… more

TEAMSTER

One who drives horses in a wagon for the purpose of carrying goods for hire he is liable as a common carrier. Story, Bailm. §496. … more

TAXING COSTS

practice. The act by which it is ascertained to what costs a party is entitled. 2. It is a rule that the jury must… more

TAVERN.

A place of entertainment; a house kept up for the accommodation of strangers. 2. These are regulated by various local laws. For the liabilities… more

TAXES.

This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they… more

TARE,

weights. An allowance in the purchase and sale of merchandise, for the weight of the box, bag, or cask, or other thing, in which the goods… more

TARIFF.

Customs, duties, toll. or tribute payable upon merchandise to the general government is called tariff; the rate of customs, &c. also bears this name and the… more

TARDE VENIT,

Practice. The name of a return made by the sheriff to a writ, when it came into his hands too late to be executed before… more

TALZIE, HEIR IN.

Scotch law. Heirs of talzie or tailzie, are heirs of estates entailed. 1 Bell~s Com. 47. … more

TANGIBLE PROPERTY.

That which may be felt or touched; it must necessarily be corporeal, but it may be real or personal. A house and a horse are, each,… more

TALLIES

evidence. The parts of a piece of wood out in two, which persons use to denote the quantity of goods supplied by one to the other. Poth…. more

TALLAGE.

This word is derived from the French tailler, and signifies liter-ally to cut. In England it is used to signify subsidies, taxes, customs, and indeed any… more

TALE,

Eng. law. The declaration or count was anciently so called in law pleadings. 3 Bl. Com. 293. … more

TALES,

Eng. law. The name of a book kept in the king~s bench office, of such jurymen as were of the tales. See Tales de circumstantibus. … more

TALES DE CIRCUMSTANTIBUS,

practice. Such persons as are standing round. When ever the panel of the jury is exhausted the court order that the jurors wanted shall be selected from… more

TALE

comm. law. A denomination of money in China. In the computation of the ad valorem duty on goods, &c. it is computed at one dollar and forty-eight… more

TAKE

This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as… more

TAKING,

crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away,… more

TAIL.

An estate tail is an estate of inheritance, to a man or a woman and his or her heirs of his or her body, or… more

TACIT

That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied. … more

TACIT LAW.

A law which derives its authority from the common consent of the people, without any legislative enactment. 1 Bouv. Inst. n. 120. … more

TACK

Scotch law. A contract of location by which the use of land, or any other immovable subject, is, set to the lessee or tacksman for a certain… more

TACKING,

Engl. law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien,… more

TABLEAU OF DISTRIBUTION.

In Louisiana this is a list of creditors of an insolvent estate, stating what each is entitled to. 4 N. S. 535. … more

TABLES.

A synopsis in which many particulars are brought together in a general view; as genealogical tables, which are composed of the names of persons … more

TABULA IN NAUFRAGIO,

Engl. law. Literally a plank in a wreck. This figure has been used to denote the condition of a third mortgagee, who obtained his mortgage without… more

TABELLIO.

An officer among the Romans who reduced to writing and into proper form, agreements, contracts, wills, and other instruments, and witnessed their execution. The term tabellio… more

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20
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S-Advocates Dictionary

SUTLER.

A man whose employment is to sell provisions aud liquor to a camp. 2. By the articles of war, art. 29, no… more

SWAINMOTE COURT,

Engl. law. The court within the forest to which all the freeholders owe suit and service. Bac. Ab. Courts of the Forest, 2. … more

TO SWEAR.

To take an oath, judicially administered. Vide Affirmation; Oath. 2. To swear also signifies to use such profane language as is forbidden by… more

SWINDLER,

criminal law. A cheat; one guilty of defrauding divers persons. 1 Term Rep. 748; 2 H. Blackst. 531; Stark. on Sland. 135. … more

SYMBOL

A sign; a token; a representation of one thing by another. 2. A symbolical delivery is equivalent, in many cases, in… more

SYNALLAGMATIC CONTRACT,

civil law. A synallagmatic or bilateral contract is one by which each of the contracting parties binds himself to the other; such are the contracts of… more

SYNDIC.

A term used in the French law, which answers in one sense to our word assignee, when applied to the management of bankrupts~ estates; it has… more

SYNGRAPH

A deed, bond, or other instrument of writing, under the band and seal of all the parties. It was so called because the parties wrote together…. more

SYNOD.

An ecclesiastical assembly. … more

SUSPICION.

A belief to the disadvantage of another, accompanied by a doubt. 2. Without proof, suspicion, of itself, is evidence of nothing. When… more

SUBPENSIVE CONDITION.

One which prevents a contract from going into operation until it has been fulfilled; as if I promise to pay you one thousand dollars on condition… more

SUSPENSION,

eccl. law. An ecclesiastical censure, by which a spiritual person is either interdicted tho exercise of his ecclesiastical function, or hin-dered from receiving the profits of… more

SUSPENSION OF ARMS

An agreement between belligerents, made for a short time or for a particular place, to cease hostilities between them. See Armistice. Truce. … more

SUSPENSION OF A RIGHT.

The act by which a party is deprived of the exercise of his right, for a time. 2. When a right is… more

SUS~ PER COLL~,

EngI. law. In the English practice, a calendar is made out of attainted criminals, and the judge signs the calendar with their separate judgments in the… more

SUSPENDER,

Scotch law. He in whose favor a suspension is made. 2. In general a suspender is required to give caution to… more

SUSPENSE.

When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent, &c., of the land out… more

SUSPENSION.

A temporary stop of a right, of a law, and the like. 2. In times of war the habeas corpus act maybe… more

SUSPENSION,

Scotch law. That form of law by which the effect of a sentence-condemnatory, that has not yet received execution, is stayed or postponed, till the cause… more

SURVIVOR.

The longest liver of two or more persons. 2. In crises of partnership, the surviving partner is entitled to have all… more

SURVEY,

The act by which the quantity of a piece of land is ascertained; the paper containing a statement of the courses, distances, and quantity of land,… more

SURREPTITIOUS.

That which is done in a fraudulent stealthy manner. SURROGATE. In some of the states, as in New Jersey, this is… more

SURRENDER OF CRIMINALS.

The act by which the public authorities deliver a person accused of a crime, and who is found in their, jurisdiction, to the authorities within whose… more

SURRENDEREE

One to whom a surrender has been made. SURRENDEROR. One who makes a surren der; as when the tenant gives… more

SURRENDER,

estates, conveyancing. A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the… more

SUBREJOINDER,

pleading. The plaintiff~s answer to the defendant~s rejoinder. It is governed in every respect by the same rules as the replication. (q. v.) Steph. Pl. 77;… more

SURREBUTTER,

pleading. The plaintiff~s answer to the defendant~s rebutter is governed by the same rules as the replication. (q. v.) Vide 6 Com. Dig. 185; 7 Com…. more

SURPLUSAGE,

accounts. A greater dishursement than the charges of the accountant amount to. … more

SURPRISE.

This term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies the act by which a party who is entering… more

SURPLUSAGE,

pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2. In general surplusagium non nocet,… more

SURPLUS.

That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue. (q. v.)… more

SURGERY,

med. jur. That part of the healing art which relates to external diseases; their treatment; and, specially, to the manual operations adopted for their cure. … more

SURNAME.

A name which is added to the christian name, and which, in modern times, have become family names. 2. They are… more

SURETYSHIP,

contracts. An accessory agreement by which a person binds himself for another already bound, either in whole or in part, as for his debt, default or… more

SURETY OF THE PEACE,

crim. law. A security entered into before. Some competent court or officer, by a party accused, together with some other person, in the form of recognizance… more

SURETY,

contracts. A person who binds himself for the payment of a sum of money or for the performance of something else, for another, who is already… more

SUR CUI ANTE DIVORTIUM.

The name of a writ issued in favor of the heir of the wife, where the hushand alienated the wife~s lands, during the coverture, and afterwards they… more

SURCHARGE,

chancery practice. When a bill is filed to open an account, stated, liberty is sometimes given to the plaintiff to surcharge and falsify such account. That… more

SUPREME COURT.

The court of the highest jurisdiction in the United States, having appellate jurisdiction over all the other courts of the United. States, is so called. Its… more

SUPREME.

That which is superior to all other things; as the supreme power of the state, which is an authority over all others. The supreme court, which… more

SUPREMACY.

Sovereign dominion, authority, and preeminence; the highest state. In the United States, the supremacy resides in the people, and is exercises by their constitutional representatives, the… more

SUPRA PROTEST.

Under protest. Vide Acceptance supra protest; dcceptor supra protest; Bills of Exchange. … more

SUPPRESSIO VERI.

Cocealment of truth. 2. In general a suppression of the truth, when a party is bound to disclose it, vitiates a… more

SUPPLICAVIT,

Eng. law. The name of a writ issuing out of the king~s bench or chancery, for taking sureties of the peace; it is commonly directed to… more

SUPPLICIUM,

civil law. A corporal punishment ordained by law; the punishment of death, so called because it was customary to accompany the guilty man to the place… more

SUPPLIES,

Eng. Law. Extraordinary grants to the king by parliament, to supply the exigencies of the state. Jacob~s Law Dict. h. t. … more

SUPPORT.

The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon… more

SUPERVISOR.

An overseer; a surveyor. 2. There are officers who bear this name whose duty it is to take care of the highways…. more

SUPPLEMENTAL.

That which is added to a thing to complete it as a supplemental affidavit, which is an additional affidavit to make out a case; a supplemental… more

SUPPLEMENTAL BILL,

equity plead. A bill already filed to supply some defect in the original bill. See Bill supplemental. … more

SUPERSEDEAS,

practice, actions. The name of a writ containing a command to stay the proceedings at law. 2. It is granted on… more

SUPERSTITIOUS USE,

English law. When lands, tenements, rents, goods or chattels are given, secured or appointed for and toward the maintenance of a priest or chaplain to say… more

SUPERNUMERARII

Rom. civil law. From the reign of Constantine to Justinian, advocates were divided into two classes: viz. advocates in title, who were called statute, and supernumeraries. The… more

SUPERFICIES.

A Latin word used among civilians. It signifies in the edict of the praetor whatever has been erected on the soil, quidquid solo inoedificdtum est. Vide… more

SUPERIOR.

One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates,… more

SUPERFICIARIUS,

civ. law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent…. more

SUPERFOETATION,

med. jur. The conception of a second embryo, during the gestation of the first, or the conception of a child by a woman already pregnant with… more

SUPER VISUM CORPORE.

Upon view of the body. When an inquest is held over a body found dead, it must be super visum corpore. Vide Coroner; Inquest. … more

SUPERCARGO,

mar. law. A person specially employed by the owner of a cargo to take charge of the merchandise which has been shipped, to sell it to… more

SUPER ALTUM MARE.

Upon the high sea. Vide High Seas. … more

SUMMARY PROCEEDINGS.

When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary. 2. In no case… more

SUMMING UP,

practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the… more

TO SUMMON,

practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required… more

SUMMONERS.

Petty officers who cite men to appear in any court. … more

SUMMONS,

practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made… more

SUMMONS AND SEVERANCE.

Vide Severance; and 20 Vin. Ab. 51; Bac. Ab. h. t.; Archb. Civil Plead. 59. … more

SUMMUM JUS.

Extreme right, strict right. It is seldom that extreme right can be administered without the danger of doing injustice, for extreme right may produce extreme wrong…. more

SUMPTUARY LAWS.

Those relating to expenses, and made to restrain excess in apparel. 2. In the United States the expenses of every man… more

SUNDAY.

The first day of the week. 2. In some of the New England states it begins at sun setting on Saturday,… more

SUBPOENA,

practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a… more

SUBPOENA,

chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters… more

SUBPOENA DUCES TECUM,

practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce… more

SUB PEDE SIGILLI.

Under the foot of the seal; under seal. This expression is used when it is required that a record should be certified under the seal of… more

SUB POTESTATE.

Under or subject to the power of another; as, a wife is under the power of her hushand; a child subject to that of his… more

SUBREPTION,

French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth. … more

SUBROGATION,

civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the place of another thing…. more

SUBSCRIBING WITNESS.

One who subscribes his name to a writing in order to be able at a future time to prove its due execution; an attesting witness. … more

SUBSCRIPTION,

contracts. The placing a signature at the bottom of a written or printed engagement; or it is the attestation of a witness by so writing his… more

SUBSCRIPTION LIST.

The names of persons who have agreed to take a newspaper, magazine or other publication, placed upon paper, is a subscription list. … more

SUBSIDY,

Engl. law. An aid, tax or tribute granted by parliament to the king for the urgent occasions of the kingdom, to be levied on every subject… more

SUB SILENTIO.

Under silence, without any notice being taken. Sometimes passing a thing sub silentio is evidence of consent. See Silence. … more

SUBSTANCE,

evidence. That which is essential; it is used in opposition to form. 2. It is a general rule, that on any… more

SUBSTITUTE,

contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a… more

SUBSTITUTES,

Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies,… more

SUBSTITUTION,

civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default… more

SUBSTITUTION,

chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent… more

SUBSTRACTION,

French law. The act of taking something fraudulently; it is generally applied to the taking of the goods of the estate of a deceased person fraudulently…. more

SUB-TENANT.

The same as under-tenant. See Under-leaser; Under-tenant, and 1 Bell~s Com. 76. … more

SUBTRACTION.

The act of withhold ing or detaining anything unlawfully. … more

SUBTRACTION OP CONJUGAL RIGHTS.

The act of a hushand or wife by living separately from the other without a lawful cause. 3 Bl. Com. 94. … more

SUCCESSION,

in Louisiana. The right and transmission of the rights an obligations of the deceased to his heirs. Succession signifies also the estate, rights and charges which… more

SUCCESSION,

com. law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term… more

SUCCESSOR.

One who follows or comes into the place of another. 2. This term is applied more particularly to a sole co6-oration,… more

TO SUE.

To prosecute or commence legal proceedings for the purpose of recovering a right. … more

SUFFRAGE,

government. Vote; the act of voting. 2. The right of suffrage is given by the constitution of the United States, art…. more

SUFFRANCE.

The permitting a tenant who came in by a lawful title, to remain after his right has expired. Vide Estates at suffrance. … more

SUGGESTIO FALSI.

A statement of a falsehood. This amounts to a fraud when-ever the party making it was bound to disclose the truth. … more

SUGGESTION.

In its literal sense this word signifies to inform, to insin-uate, to instruct, to cause to be remembered, to counsel. In practice it is used to… more

SUGGESTIVE INTERROGATION.

This phrase has been used by some writers to signify the same thing as leading question. (q. v.) 2 Benth. on Ev. b. 3, c. 3…. more

SUI JURIS.

One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a… more

SUICIDE,

crimes, med. jur. The act of malicious self-murder; felo de se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458; 1 Hale, P. C.. 441…. more

SUITE.

Those persons, who by his authority, follow or attend an ambassador or other public minister. 2. In general the suite of… more

SUITOR

One who is a party to a suit or action in court. One who is a party to an action. In its ancient sense, suitor… more

SULTAN.

The title of the Turkish sovereign and other Mabometan princes. … more

STUPIDITY,

med. jur. That state of the mind which cannot perceive and embrace the data presented to it by the senses; and therefore the stupid person can,… more

STUPRUM,

civ. law. The criminal sexual intercourse which took place between a man and a single woman, maid or widow, who before lived honestly. Inst. 4, 18,… more

SUB-AGENT.

A person appointed by an agent to perform some duty, or the whole of the business relating to his agency. 2…. more

SUBALTERN.

A kind of officer who exercises his authority under the superintendence and control of a superior. … more

TO SUBDIVIDE.

To divide a part of a thing which has already been divided. For example, when a person dies leaving children, and grandchildren, the children of one… more

SUBINFEUDATION,

estates, English law. The act of an inferior lord by which he carved out a part of an estate which he held of a superior, and… more

SUBJECT,

contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. … more

SUBJECT,

persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to… more

SUBJECT-MATTER

The cause, the object, the thing in dispute. 2. It is a fatal objection to the jurisdiction of the court when… more

SUBJECTION.

The obligation of one or more persons to act at the discretion, or according to the judgment and will of others. … more

SUBLEASE.

A lease by a tenant to another tenant of a part of the premises held by him; an underlease. … more

SUBMISSION.

A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may… more

SUBMISSION,

contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to… more

SUB MODO.

Under a qualification; a legacy may be given sub modo, that is, subject to a condition or qualification. … more

SUBNOTATIONS,

civ. law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law. Vide Rescripts. … more

SUBORNATION OF PERJURY,

crim. law. The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited. Hawk. B. 1,… more

STRICT SETTLEMENT.

When lands are settled to the parent for life, and after his death to his first and other sons in tail, and trustees are interposed to… more

STRICTISSIMI JURIS.

The most strict right or law. In general, when a person receives an advantage, as the grant of a license, he is bound to conform strictly… more

STRICTUM JUS.

This phrase is used to denote mere law, in contradistinction to equity. … more

STRUCK,

pleadings. In an indictment for murder, when the death arises from any woundng, beating or bruising, it is said, that the word “struck” is essential. 1… more

STRUCK JURY.

A special jury selected by striking from the pannel of jurors, a certain number by each party, so as to leave a number required by law… more

STRUCK OFF.

A case is said to be struck off, where the court has no jurisdiction, aud can give no judgment, and order that the case be… more

STRUMPET.

A harlot, or courtezan: this word was formerly used as an addition. Jacob~s Law Dict. h. t. … more

TO STULTIFY

To make or declare insane. It is a general rule in the English law, that a man shall not be permitted to stultify himself; that is,… more

STOCK,

descents. This is a metaphorical expression which designates, in the genealogy of a family, the person from whom others are descended: those persons who have so… more

STOCKS,

crim. law. A machine commonly made of wood, with boles in it, in which to confine persons accused of or guilty of a crime. … more

STOPPAGE IN TRANSITU,

contracts. This is the name of that act of a vendor of goods, upon a credit, who, on learning that the buyer has failed, resumes the… more

STORES.

the victuals and provisions collected together for the subsistence of a ship~s company, of a camp, and the like. … more

STOUTHRIEFF,

Scotch law. Formerly this word included in its signification every species of theft, accompanied with violence to the person; but of late years it has become… more

STOWAGE,

mar. law. The proper arrangement in a ship, of the different articles of which a cargo consists, so that they may not injure each other by… more

STRANDING,

maritime law. The running of a ship or other vessel on shore; it is either accidental or voluntary. 2. It is… more

STRANGER

persons, contracts. This word has several significations. 1. A person born out of the United States; but in this sense the term alien is more properly applied,… more

STRATAGEM.

A deception either by words or actions, in times of war, in order to obtain an advantage over an enenly. 2…. more

STRATOCRACY.

A military government; government by military chiefs of an army. … more

STREAM.

A current of water. The right to a water course is not a right in the fluid itself so much as a right in the… more

STREET.

A road in a village or city. In common parlance the word street is equivalent to highway. 4 Serg. & Rawle, 108. … more

STATUTE MERCHANT

English law. A security entered before the mayor of London, or some chief warden of a city, in pursuance of 13 Ed. 1. stat. 3, c. 1,… more

STATUTES STAPLE,

English law. The statute of the staple, 27 Ed. HI. stat. 2, confined the sale of all commodities to be exported to certain towns in England,… more

STATUTI,

Rom. civ. law. From Constantine to Justinian, advocates, were arranged in two classes: viz. those called Statuti, and the supernumeraries. (q. v.) The Statute were those… more

STAY OF EXECUTION,

practice. A term during which no execution can issue on a judgment. 2. It is either conventional, when the parties agree… more

STAYING PROCEEDINGS.

The suspension of an action. 2. Proceedings are stayed absolutely or conditionally. 3. - 1. They… more

STEALING.

This term imports, ex vi termini, nearly the same as larceny; but in common parlance, it does not always import a felony; as, for example, you… more

STELLIONATE,

civil law. A name given generally, to all species of frauds committed in making contracts. 2. This word is said to… more

STEP-DAUGHTER.

In Latin privigna, is the daughter of one~s wife, or of one~s hushand. … more

STEP-FATHER.

In Latin vitricus, is the hushand of one~s mother who is not the father of the person spoken of. … more

STEP-MOTHER.

In Latin noverca, is the wife of one~s father, who is not the mother of the person spoken of. … more

STEP-SON.

In Latin privignus, is the son of one~s wife, or of one~s hushand. … more

STERE.

A French measure of solidity used in measuring wood. It is a cubic metre. Vide Measure. … more

STERILITY.

Barrenness; incapacity to produce a child. It is curable and incurable; when of the latter kind, at the time of the marriage, and arising from impotency,… more

STERLING.

Current money of Great Britain, but anciently a small coin, worth about one penny; and so called, as some suppose, because it was stamped with the… more

STET PROCESSUS,

practice. An order made, upon proper cause shown, that the process remain stationary. As where a defendant having become insolvent would, by moving judgment in the… more

STEVEDORE.

A person employed in loading and unloading vessels. Dunl. Adm. Pr. 98. Vide Arrameurs; Sac … more

STEWARD OF ALL ENGLAND.

Seneschallus totius Angliae. An officer among the English who was invested with various powers, and, among others, it was his duty to preside on the trial… more

STEWS,

Eng. law., Places formerly permitted in England to women of professed lewdness, and who, for hire, would prostitute their bodies to all comers. … more

STILLICIDIUM,

civ. law. The rain water that falls from the roof or eaves of a house by scattered drops. When it is gathered into a spout… more

STINT,

Eng. law. The proportionable part of a man~s cattle, which he may keep upon the common. 2. To use a thing… more

STIPULATED DAMAGES,

contracts. The sum agreed by the parties to be paid, on a breach of a contract, by the party violating his engagement to the other. … more

STIPULATION,

contracts. In the Roman law, the contract of stipulation was made in the following manner, namely; the person to whom the promise was to be made,… more

STIRPES,

descents. The root, stem, or stock of a tree. Figuratively, it signifies, in law, that person from whom a family is descended, and also the kindred… more

STATION,

civil law. A place where ships may ride in safety. Dig. 49, 12, 1, 13; id. 50, 15, 59. … more

STATING-PART OF A BILL,

chancery practice. That part of a bill which contains a narrative of the facts and circumstances of the plaintiff~s case, and the wrong or grievance of… more

STATU LIBERI,

in Louisiana. Slaves for a time, who have acquired the right of being free at a time to come, or on a condition which is… more

STATUS.

The condition of persons. It also means estate, because it signifies the condition or circumstances in which the owner stands with regard to his property. 2… more

STATUTE.

The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. 2…. more

STATES.

By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the… more

TO STATE.

To make known specifically; to explain particularly; as, to state an account, or to show the different items of an account; to state the cause of… more

STATEMENT,

pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, passed March 21, 1806, 4… more

SPECIMEN.

A sample; a part of something by which the other may be known. 2. The act of congress of July 4,… more

SPECULATION,

contracts. The hope or desire of making a profit by the purchase and resale of a thing. Pard. Dr. Com. n. 12. The profit so… more

SPEECH.

A formal discourse in public. 2. The liberty of speech is guarantied to members of the legislature, to counsel in court… more

SPELLING,

The art of putting the proper letters in words. 2. It is a rule that when it appears with certainty… more

SPENDTHRIFT.

By the Rev. Stat. of Vermont, tit. 16, c. 65, s. 9, spendthrift is defined to be a person who by excessive drinking) gaming, idleness or… more

SPERATE

That of which there is hope. 2. In the accounts of an executor and the inventory of the personal assets, he… more

SPES RECUPERANDI.

The hope of recovery. This term is applied to cases of capture of an enemy~s property as a booty or prize. As between the belligerent parties,… more

SPINSTER.

An addition given, in legal writings, to a woman who never was married. Lovel. on Wills, 269. … more

SPLITTING A CAUSE OF ACTION.

The bringing an action for only a part of the cause of action. This is not permitted either at law nor in equity. 4 Bouv. Inst…. more

SPOLIATION,

Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the… more

SPOLIATION,

torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is… more

SPONSALIA, or STIPULATIO SPONSALITIA.

A promise lawfully made between persons capable of marrying each other, that at some future time they will marry. See Espousals; Ersk. Inst. B. 1, t…. more

SPONSIONS,

international law. Agreements or engagements made by certain public officers, as generals or admirals, in time of war, either without author-ity, or by exceeding the limits… more

SPONSOR,

civil law. He who intervenes for another voluntarily and without being requested. The engagement which he enters into is only accessory to the principal. Vide Dig…. more

SPRING.

A fountain. 2. The owner of the soil has the exclusive right to use a spring arising on his grounds. When… more

SPRINGING USE,

estates. One to arise on a future event, when no preceding estate is limited, and does not take effect in derogation of any preceding interest. Example:… more

SPY.

One who goes into a place for the purpose of ascertaining the best way of doing an injury there. 2. The… more

SQUATTER.

One who settles on the lands of others without any legal author-ity; this term is applied particularly to persons who settle on the public land. 3… more

TO STAB.

To make a wound with a pointed instrument; a stab differs from a cut, (q. v.) or a wound. (q. v.) Russ. & Ry. 356;… more

STAGNUM,

estates. A pool. It is said to consist of land and water, and therefore by the name of stagnum, the water and the land may… more

STAKEHOLDER,

contracts. A third person, chosen by two or more persons, to keep in deposit property, the right or possession of which is contested between them and… more

STALE DEMAND.

A stale demand is a claim which has been for a long time undemanded; as, for example, where there his been a delay of twelve years,… more

STAMP,

revenue. An impression made on paper, by order of the government, which must be used in reducing certain contracts to writing, for The purpose of raising… more

TO STAND.

To abide by a thing; to submit to a decision; to comply with an agreement; to have validity, as the judgment must stand. … more

STAND SEISED TO USES.

This phrase is frequently used in relation to conveyances under the statute of uses. A covenant to stand seised to uses is a species of conveyance… more

STANDARD,

in war. An ensign or flag used in war. … more

STANDARD,

measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; as, a standard bushel. Also the quality of certain… more

STAPLE,

intern. law. The right of staple as exercised by a people upon foreign merchants, is defined to be, that they may not allow them to set… more

STAR CHAMBER,

Eng. law. A court which formerly had great jurisdiction and power, but which was abolished by stat. 16, C. I., c. 10, on account of its… more

STARE DECISIS.

To abide or adhere to decided cases. 2. It is a general maxim that when a point has been settled… more

STARE IN JUDICIO.

The act of appearing before a tribunal, either as plain-tiff or defendant. Vide Ester en jugement. … more

STATE,

government. This word is used in various senses. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for… more

SPECIFICATION,

civil law. A term used in the civil law, by which is meant a person~s making a new species or subject from materials belonging to another…. more

SPECIFICATION,

practice, contracts. A particular and detailed account of a thing: example, in order to obtain a patent for an invention, it is necessary to file a… more

SLANDERER

A calumniator, who maliciously and without reason imputes a crime or fault to another, of which he is innocent. 2. For… more

SLAVE.

A man who is by law deprived of his liberty for life, and becomes the property of another. 2. A slave… more

SLAVE TRADE,

criminal law. The infamous traffic in human flesh, which though not prohibited by the law of nations, is now forbidden by the laws and treaties of… more

SLAVERY.

The state or condition of a slave. 2. Slavery exists in most of the southern states. In Pennsylvania, by the act… more

SMUGGLING.

The fraudulent taking into a country, or out of it, merchandise which is lawfully prohibited. Bac. Ab. h. t. … more

SO HELP YOU GOD.

The formula at the end of a common oath, as administered to a witness wlio testifies in chief. … more

SOCAGE,

Eng. law. A tenure of lands by certain inferior services in husbandry, and not knight~s service, in lieu of all other services. Litt. sect. 117. … more

SOCER.

The father of one~s wife; a father-in-law. … more

SOCIDA,

civ. law. This is the name of a contract by which one man delivers to another, either for a small recompense, or for a part… more

SOCIETAS LEONINA.

Among the Roman lawyers this term signified that kind of society or partnership by which the entire profits should belong to some of the partners in… more

SOCIETE EN COMMENDITE.

This term is borrowed from the laws of France, and is used in Louisiana; the societe en commendite, or partnership in commendam, is formed by a… more

SOCIETY

A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose. … more

SODOMITE.

One who his been guilty of sodomy. Formerly such offender was punished with great severity, and was deprived of the power of making a will. … more

SODOMY,

crim. law. The crime against nature, committed either with man or beast. 2. It is a crime not it to be… more

SOIL.

The superficies of the earth on which buildings are erected, or may be erected. 2. The soil… more

SOIT DROIT FAIT AL PARTIE,

Eng. law. Let right be done to the party. This phrase is written on a petition of right, and subscribed by the king. See Petition of… more

SOKEMANS,

Eng. law. Those who hold their land in socage. 2 Bl. Com. 100. … more

SOLARES,

Spanish law. Lots of ground. This term is frequently found in grants from the Spanish government of lands in America. 2 White~s Coll. 474. … more

SOLD NOTE,

contracts. The name of an instrument in writing, given by a broker to a buyer of merchandise, in which it is stated that the goods therein… more

SOLDIER

A military man; a private in the army. 2. The constitution of the United States, amendm. art. 3, directs that no… more

SOLE.

Alone, single; used in contradistinction to joint or married. A sole tenant, therefore, is one who holds lands in his own right, without being joined with… more

SOLEMNITY.

The formality established by law to render a contract, agreement, or other act valid. 2. A marriage, for example, would not… more

SOLICITATION OF CHASTITY.

The asking a person to commit adultery or fornication. 2. This of itself, is not an indictable offence. Salk. 382; 2… more

SOLICITOR.

A person whose business is to be employed in the care and management of suits depending in courts of chancery. 2…. more

SOLICITOR OP THE TREASURY.

The title of one of the officers of the United States, created by the act of May 29, 1830, 4 Sharsw. cont. of Story, L. U…. more

SOLIDO,

IN, civil law. In solido, is a term used to designate those contracts in which the obligors are bound, jointly and severally, or in which several… more

SOLITARY IMPRISONMENT.

The punishment of separate confinement. This has been adopted in Pennsylvania, with complete success. Vide Penitentiary. … more

SOLUTION,

civil law. Payment. 2. By this term, is understood, every species of discharge or liberation, which is called satisfaction, and with… more

SOLVENCY.

The state of a person who is able to pay all his debts; the opposite of insolvency. (q. v.) … more

SOLVENT.

One who has sufficient to pay his debts, and all obligations. Dig. 50, 16, 114. … more

SOLVERE.

To unbind; to untie; to release; to pay; solvere dicimus eum qui fecit quod facere promisit. 1 Bouv. Inst. n. 807. … more

SOLVIT AD DIEM,

pleading. The name of a plea to an action on a bond, or other obligation to pay money, by which the defendant pleads that he paid… more

SOLVITPOSTDIEM,

pleading. The name of a special plea in bar to an action of debt on a bond, by which the defendant asserts that he paid… more

SOMNAMBULISM,

med. juris. Sleep walking. 2. This is sometimes an inferior species of insanity, the patient being unconscious of what he is… more

SON ASSAULT DEMESNE,

pleading. His own first assault. A form of a plea to justify an assault and battery, by whicb the defendant asserts that the plaintiff committed an… more

SON-IN-LAW,

in Latin called gener. The hushand of one~s daughter. … more

SOUND MIND.

That state of a man~s mind which is adequate to reason and comes to a judgment upon ordinary subjects, like other rational men. … more

SOUNDING IN DAMAGES.

When an action is brought, not for the recovery of lands, goods, or sums of money, (as is the case in real or mixed actions, or… more

SOUNDNESS.

In usual health; without any permanent disease. 1 Carr. & Marsh. 291. To create unsoundness, it is requisite that the animal should not be useful for… more

SOURCES OF THE LAW.

By this expression is understood the authority from which the laws derive their force. 2. The power of making all laws… more

SOUS SEING PRIVE.

An act sous seingprive, in Louisiana and by the French law, is an act or contract evidenced by writing under the private signature of the parties… more

SOUTH CAROLINA.

The name of one of the original states of the United States of America. For an account of its colonial history, see article North Carolina. … more

SOVEREIGN.

A chief ruler with supreme power; one possessing sovereignty. (q. v.) It is also applied to a king or other magistrate with limited powers. … more

SOVEREIGN,

Eng. law. The name of a gold coin of Great Britain of the value of one pound sterling. … more

SOVEREIGN STATE.

One which governs itself independently of any foreign power. … more

SOVEREIGNTY.

The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do… more

SPADONES,

civil law. Those who, on account of their temperament, or some accident they have suffered, are unable to procreate. Inst. 1, 11, 9; Dig. 1, 7,… more

SPARSIM.

This Latin adverb signifies scatteredly, here and there, in a scattered manner, sparsedly, dispersedly. It is sometimes used in law; for example, the plaintiff may recover… more

TO SPEAK.

This term is used in the English law, to signify the permission given by a court to the prosecutor and defendant in some cases of misdemeanor,… more

SPEAKER.

The presiding officer of the house of representatives of the United States is so called. The presiding officer of either branch of the state legislatures generally… more

SPEAKING DEMURRER,

equity pleading. One which contains an argument in the body of it; as, for instance, when a demurrer says, “in or about the year 1770,” which… more

SPECIAL.

That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or… more

SPECIAL AGENT.

A special agent is one whose authority is confined to a particular, or an individual instance. It is a general rule, that he who is invested… more

SPECIAL ASSUMPSIT,

practice. Where an action of assumpsit (q. v.) has been brought on a special contract, and the plaintiff declares upon it, setting out its particular language,… more

SPECIAL BAIL.

A person who becomes specially bound to answer for the appearance of another; the recoguizance or act by which such person thus becomes bound, is also… more

SPECIAL CONSTABLE.

One who has been appointed a constable for a particular occasion, as in the case of an actual tumult or a riot, or for the purpose… more

SPECIAL DAMAGES.

Such as actually have been suffered, and are not implied by law. Vide Damages, Special; and 1 Chit. Pl. 385; Com. Dig. Action on the case… more

SPECIAL DEMURRER,

pleading. One which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection, and the particular ground… more

SPECIAL DEPOSIT.

A deposit made of a particular thing with the depositary: it is distinguished from an irregular deposit. 2. When a thing… more

SPECIAL ERRORS.

Special pleas in error are those which assign for error matters in confession and avoidance, as a release of errors, the act of limitations, and the… more

SPECIAL IMPARLANCE,

pleading. One which contains the clause, “saving to himself all advantages and exceptions, as well to the writ, as to the declaration aforesaid.” 2 Chit. Pl…. more

SPECIAL INJUNCTION.

One obtained only on motion and petition, with notice to the other party, and is applied for, sometimes on affidavit before answer, but more frequently upon… more

SPECIAL ISSUE,

pleading. A plea to the action which denies some particular material allegation, which is in effect a denial of the entire right of action. It differs… more

SPECIAL JURY.

One selected in a particular way by the parties. A pannel is made out, and each party is entitled to strike from it the names… more

SPECIAL NON EST FACTUM.

The name of a plea by which the defendant says that the deed which he has executed is not his own or binding upon him, because… more

SPECIAL OCCUPANT,

estates. When an estate is granted to a man and his heirs during the life, of cestui que vie, and the grantee die without alienation, and… more

SPECIAL PARTNERSHIP.

Special or limited partnerships are of two kinds; 1. Those at common law. 2. Limited partnerships, or those in commendam. 2. Special… more

SPECIAL PLEA IN BAR.

One which advances new matter. It differs from the general in this, that the latter denies some material allegation, but never advances new matter. Gould on… more

SPECIAL PLEADER,

Engl. practice. A special pleader is a lawyer whose professional occupation is to give verbal or written opinions upon statements submitted to him, either in writing… more

SPECIAL PLEADING.

The allegartion of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side. Gould on Pl. c. 1,… more

SPECIAL PROPERTY.

This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but… more

SPECIAL REQUEST.

One actually made, at a particular time and place; this term is used in contradistinction to a general request, which need not state. the time when,… more

SPECIAL RULE.

A rule or order of court made in a particular case, for a particular purpose; it is distinguished from a general rule, which applies to a… more

SPECIAL TRAVERSE,

pleading. A technical special traverse begins in most cases, with the words absque hoc, (without this,) which words in pleading form a technical form of negation…. more

SPECIAL TRUST.

A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed out, and is not, as in the case… more

SPECIAL VERDICT,

practice. A special verdict is one by which the facts of the case are put on the record, and the law is submitted to the judges…. more

SPECIALTY,

contracts. A writing sealed aud delivered, containing some agreement. 2 Serg. & Rawle, 503; 1 Binn. Rep. 261; Willes, 189; 1 P. Wms. 130. In a… more

SPECIE.

Metallic money issued by public authority. 2. This term is used in contradistinction to paper money, which in some countries is… more

SPECIFIC LEGACY.

A bequest of a particular thing. 2. It follows that a specific legacy may be of animals or inanimate things, provided… more

SPECIFIC PERFORMANCE,

remedies. The actual accomplishment of a contract by the party bound to fulfil it. 2. Many contracts are entered into by… more

SKILL,

contracts. The art of doing a thing as it ought to be done. 2. Every person who purports to have skill… more

SLANDER,

torts. The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss… more

SIRE

A title of honor given to kings or emperors in speaking or writing to them. … more

SISTER.

A woman who has the same father and mother with another, or has one of them only. In the first case she is called sister,… more

SITUS.

Situation;, location. 5 Pet. R. 524. 2. Real estate has always a fixed situs, while personal estate has no such fixed… more

SKELETON BILL,

com. law. A blank paper, properly stamped, in those countries where stamps are required, with the name of a person signed at the bottom. … more

SINECURE.

In the ecclesiastical law, this term is used to signify that an ecclesiastical officer is without a charge or cure. 2…. more

SINGLE.

By itself, unconnected. 2. A single bill is one without any condition, and does not depend upon any future event to… more

SINGLE ENTRY.

A term used among merchants signifying that the entry is made to charge or to credit an individual or thing, without, at the same time, pre-senting… more

SINGULAR,

construction. In grammar the singular is used to express only one, not plural. Johnson. 2. In law,… more

SINKING FUND.

A fund arising from particular taxes, imposts, or duties, which is appropriated towards the payment of the interest due on a public loan and for the… more

SIMONY,

eccl. law. The selling and buying of holy orders, or an ecclesiastical benefice. Bac. Ab. h. t.; 1 Harr. Dig. 556. By simony is also understood… more

SIMPLE.

Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, &c. … more

SIMPLE CONTRACT.

One, the evidence of which is merely oral, or in writing, not under seal, nor of record. 1 Chit. Contr. 1 1 Chit. Pl. 88;… more

SlMPLE LARCENY.

The felonious taking and carrying away the personal goods of another, unattended by acts of violence; it is distinguished from compound larceny, which is the stealing… more

SIMPLE OBLIGATION.

An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it. … more

SIMPLE TRUST.

A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature… more

SIMPLEX.

Simple or single; as, charta simplex, is a deed-poll, of single deed. Jacob~s L. Dict. h. t. … more

SIMPLICITER.

Simply, without ceremony; in a summary manner. … more

SIMUL CUM,

pleading. Together with. These words are used in indictments and declarations of trespass against several persons, when some of them are known and others are unknown…. more

SIMULATION,

French law. This word is derived from the Latin simul, together. It indicates, agreeably to its etymology, the concert or agreement of two or more persons… more

SINE DIE.

Without day. A judgment for a defendant in many cases is quod eat sine die, that he may go without day. While the cause is… more

SIMILITER,

pleading. When the defendant~s plea contains a direct contradiction of the declaration, and concludes with referring the matter to be tried by a jury of the… more

SILVA CAEDUA.

By these words in England is understood every sort of wood, except gross wood of the age of twenty years. Bac. Ab. Tythes, C. … more

SIGNIFICAVIT,

eccl. law. When this word is used alone, it means the bishop~s certificate to the court of chancery, in order to obtain the writ of excommunication;… more

SILENCE.

The state of a person who does not speak, or of one who refrains from speaking. 2. Pure and simple silence… more

SIGNIFICATION,

French law. The notice given of a decree, sentence or other judicial act. … more

SIGNATURE

eccl. law. The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a… more

SIGNATURE,

pract. contr. By signature is understood the act of putting down a man~s name, at the end of an instrument, to attest its validity. The name… more

SIGNA,

civil law. Those species of indicia (q. v.) which come more immediately under the cognizance of the senses, such as stains of blood on the person… more

SIGN,

mer. law. A board, tin or other substance, on which is painted the name and business of a merchant or tradesman. … more

To SIGN

To write one~s name to an instrument of writing in order to give the effect intended; the name thus written is called a signature. … more

SIGN,

measures. In angular measures, a sign is equal to thirty degrees. Vide Measure. … more

SIGN,

contracts, evidence. A token of anything; a note or token given without words. 2. Contracts are express or implied. The express… more

SIENS.

An obsolete word, formerly used for scion, which figuratively signified a person who descended from another. “The sien,” says Lord Coke, “takes all his nourishment from… more

SIGILLUM.

A seal. (q. v.) Vide Scroll. SIGHT, contracts. Bills of exchange are frequently made payable at sight, that is, on presentment,… more

SHIP~S PAPERS.

Those documents which are required on board of neutral ships, as evidence of their neutrality, These are the passports, sea-letter, muster-roll, charter party, bill of lading,… more

SHIPPER.

One who ships or puts goods on board of a vessel, to be carried to another place during her voyage. In general, the shipper is… more

SHIPPING ARTICLES,

contr. mar. law. The act of congress of July 20, 1790, s. 1, directs that a master of any vessel bound from a port in… more

SHIPWRECK.

The loss of a vessel at sea, either. by being swallowed up by the waves, by running against another vessel or thing at sea, or on the… more

SHIRE,

Eng. law. A district or division of country. Co. Lit. 50 a. … more

SHOP BOOK.

This name is given to a book in which a merchant, mechanic, or other person, makes original entries of goods sold or work done. … more

SHORE.

Land on the side of the sea, a lake, or a river, is called the shore. Strictly speaking, however, when the water does not ebb… more

SHORT ENTRY.

A term used among bankers, which takes, place when a note has been sent to a bank for collection, and an entry of it is… more

SI FACERIT TE SECUREM.

If he make you secure. These words occur in the form of writs, which originally requited, or still require, that the plaintiff should give security to… more

SICKNESS.

By sickness is understood any affection of the body which deprives it temporarily of the power to fulfil iis usual functions. … more

SIDE BAR RULES,

Eng practice. Rules which were formerly moved for by attorneys on the side bar of the court; but now may be had of the clerk of… more

SHIP~S HUSBAND,

mar. law. An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs, and attend to the management, equipment,… more

SHIP DAMAGES.

In the charter parties with the English East India Company, these words occur; their meaning is damage from negligence, insufficiency or bad stowage in the ship…. more

SHIP BROKER.

One who transacts business between the owners of vessels and merchants who send cargoes. … more

SHILLING,

Eng. law. The name of an English coin, of the value of one twen-tieth part of a pound. In the United States, while they were… more

SHIP.

This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship~s papers, the ship~s hushand, shipwreck, and the… more

SHERIFFALTY.

The office of sheriff, the time during which a sheriff is to remain in office. … more

SHIFTING USE,

estates. One which takes effect in derogation of some other estate, and is either limited by the deed creating it, or authorized to be created by… more

SHERIFF.

The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His… more

SHELLEY~S CASE.

This case, reported in 1 Rep. 93, contains a rule usually known as the rule in Shelley~s case, which has caused more commentaries perhaps than any… more

SEVERANCE,

estates. The act by which any one of the unities of a joint tenancy is effected, is so called; because the estate is no longer… more

SEWER.

Properly a trench artificially made for the purpose of carrying water into the sea, river, or some other place of reception. Public sewers are, in general,… more

SEX

The physical difference between male and female in animals. 2. In the human species the male is called man, (q. v.)… more

SHAM PLEA.

One entered for the mere purpose of delay; it must be of a matter which the pleader knows to be false; as judgment recovered, that is,… more

SHARE.

A portion of anything. Sometimes shares are equal, at other times they are unequal. 2. In companies and corporations the whole… more

SHEEP.

A wether more than a year old. 4 Car. & Payne, 216; 19 Engl. Com. Law Rep. 331, S. C. … more

SEVERALTY,

title to an estate. An estate in severalty is one which is held by the tenant in his own right only, without any other being joined… more

SEVERANCE,

pleading. When an action is brought in the name of several plain-tiffs, in which the plaintiffs must of necessity join, aud one or more of the… more

TO SETTLE.

To adjust or ascertain to pay. 2. Two contracting parties are said to settle an account when they ascertain what is… more

SETTLEMENT,

domicil. The right which a person has of being considered as resident of a particular place. 2. It is obtained in… more

SETTLEMENT,

contracts. The conveyance of an estate, for the benefit of some person or persons. 2. It is usually made on the… more

TO SEVER,

practice. When defendants who are sued jointly have separate de-fences, they may in general sever, that is, each one rely on his own separate defence; each… more

SEVERAL

A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the… more

SERVANTS,

menial. Domestics those who receive wages, and who are lodged and fed in the house of another, and who are employed in his services. Such servants… more

SERVI.

This name was given by the Romans to their slaves; they were so called from servare, to preserve, from the ancient practice of the generals of… more

SERVICE,

contracts. The being employed to serve another. 2. In cases of seduction, the gist of the action is not injury… more

SERVICE,

feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 2. The services,… more

SERVICE

practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process; Kirby, 48; 2 Aik. R…. more

SERVIENT,

civil law. A term applied to an estate or tenement by which a servitude is due to another estate or tenement. See Dominant; Servitude. … more

SERVITUDE,

civil law. A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing… more

SERVITUDES, NATURAL,

civil law. Those servitudes which arise in consequence of the nature of the soil. 2. By law the inferior heritages, are… more

SERVITUDES,

personal. Those by which the property of a subject, in Scotland, is burdened in favor, not of a tenement, but of a person. Ersk. Pr. L…. more

SERVITUS,

civil law. A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, for the benefit of others; or upon… more

SERVITUS.

Servitude; slavery; a state of bondage. “Servitus autem, est constitutio,” say the Institutes of Justinian, 1, 3, 2, “qua quis dominio alieno contra naturam subjicitur.” Servitude… more

SERVITUS LUMINUM,

civil law. The name of a servitude by which an obligation is imposed on the owner of a house to allow windows or lights to… more

SERVITUS STILLIClDII,

civil law. The name of a servitude which obliges the owner of an estate to receive, or his right to turn aside, the droppings or stream… more

SERVITUS TIGNI IMMITTENDI,

civil law. The name of a servitude which consists in requiring him who owes it, to permit his neighbor to place his joists on his wall…. more

SESSION.

The time during which a legislative body, a court or other assembly sits for the transaction of business; as, a session of congress, which commences on… more

SESSION COURT, or COURT OF SESSION.

The highest civil court in the kingdom of Scotland. The judges, called lords of the session, are fifteen in number. 2. It… more

SET,

contracts. Foreign bills of exchange are generally drawn in parts; as, “pay this my first bill of exchange, second and third of the same tenor and… more

TO SET ASIDE.

To annul; to make void; as to set aside an award. 2. When proceedings are irregular they may be set aside… more

SET-OFF,

contracts, practice. Defalcation; (q. v.) a demand which a defen-dant makes against the plaintiff in the suit for the purpose of liquidating the whole or a… more

SERVANTS.

In Louisiana they are divided into free servants and slaves. See Slaves; Slavery. 2. Free servants are, in general, all free… more

SERVANTS,

(negro or mulatto,) Pennsylvania. By the fourth section of the act for the gradual abolition of slavery, passed the first day of March, 1780, 1 Smith~s… more

SERIATIM.

In a series, severally; as, the judges delivered their opinions seriatim. … more

SERJEANTY,

Eng. law. A species of service which cannot be due or performed from a tenant to any lord but the king; and is either grand… more

SERGEANT AT ARMS,

An officer appointed by a legislative body, whose duties are to enforce the orders given by such bodies, generally under the warrant of its presiding officer…. more

SERGEANT or SERJEANT,

Engl. law. An officer in the courts of the highest grade among the practitioners of the law. … more

SERGEANT or SERJEANT,

in the army. An inferior officer of a company of foot, or troop of dragoons appointed to see discipline observed, to teach the soldiers the exercise… more

SERF.

During the feudal times certain persons who were bound to perform very onerous duties towards others, were so called. Poth. Des Personnes, p. 1, t. 1,… more

SEQUESTRATOR.

One to whom a sequestration is made. 2. A depositary of this kind cannot exonerate himself from the care of the… more

SEQUESTRATION,

Louisiana practice. The Code of Practice in civil cases in Louisiana, defines and makes the following provisions on the subject of sequestration. Art. 269. Sequestration is… more

SEQUESTRATION,

contracts. A species of deposit, which two or more persons, engaged in litigation about anything, make of the thing in contest to an indifferent person, who… more

SEPARALITER

Separately. 2. This word is sometimes used in indictments to show that the defendants are charged separately with offences, which, without… more

SEPARATE ESTATE.

That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership. 2 Bouv. Inst…. more

SEPARATE MAINTENANCE,

contracts. An allowance made by a hushand to his wife for her separate support and maintenance. 2. When this allowance is… more

SEPARATE TRIAL,

practice. The trial of one person by himself, when he is jointly indicted with others for an alleged offence. 2. On… more

SEPARATION,

contracts. When the hushand and wife agree to live apart they are said to have made a separation. 2. Contracts of… more

SEPULCHRE.

The place where a corpse is buried. The violation of sepulchres is a misdemeanor at common law. Vide Dead bodies. … more

TO SEQUESTER,

civil and eccles. law. To renounce. Example, when a widow comes into court and disclaims having anything to do, or to intermeddle with her deceased hushand~s… more

SEQUESTRATION,

chancery practice. The process of sequestration is a writ of commission, sometimes directed to the sheriff, but most usually, to four or more commissioners of the… more

SENTENCE.

A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, and sentence to criminal proceedings…. more

SENIOR.

The elder. This addition is sometimes made to a man~s name, when two persons bear the same, in order to distinguish them. In practice when nothing… more

SENESCHALLUS.

A steward. Co. Litt. 61 a. … more

SENILITY

The state of being old. 2. Sometimes in this state it is exceedingly difficult to know whether the individual is or… more

SENATOR,

government. One who is a member of a senate. 2. No person shall be a senator [of the national senate]… more

SENATUS CONSULTUM,

civ. law. A decree or decision of the Roman senate, which had the force of law. 2. When the Roman people… more

SEMPER PARATUS.

The name of a plea by which the defendant alleges that he has always been ready to perform what is demanded of him. 3 Bl. Com…. more

SEN.

This is said to be an ancient word which signified justice. Co. Litt. 61 a. … more

SENATE,

government. The less numerous branch of the legislature. 2. The constitution of the United States, article 1, s. 3, cl. 1, directs… more

SEMINAUFRAGIUM.

A term used by Italian lawyers, which literally signifies half-shipwreck, and by which they understand the jetsam, or casting merchan-dise into the sea to prevent shipwreck…. more

SELECTMEN.

The name of certain officers in several of the United States, who are invested by the statutes of the several states with various powers. … more

SELLER,

contracts. One who disposes of a thing in consideration of money; a vendor. 2. This term is… more

SEMBLE.

A French word which signifies, it seems. It is commonly used before the statement of a point of law which has not been directly settled; but… more

SEMI-PROOF,

civ. law. Presumptions of fact are so called. This degree of proof is thus deaned: “Non est ignorandum, probationem semiplenam eam esse, per quam rei gestae… more

SELECTI JUDICES.

Judges among the Romans who were selected very much like our juries. They were returned by the praetor, drawn by lot, subject to be challenged and… more

SELF-DEFENCE,

crim. law. The right to protect one~s person and property from injury. 2. It will be proper to consider, 1. The… more

SEIZURE,

practice. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal, to pay a certain sum of… more

SEIGNIORY,

Eng. law. The rights of a lord as such, in lands. Swinb. 174. … more

SEISIN,

estates. The possession of an estate of freebold. 8 N. H. Rep. 57; 3 Hamm. 220; 8 Litt. 134; 4 Mass. 408. Seisin was used… more

SEEDS

The substance which nature prepares for the reproduction of plants or animals. 2. Seeds which have been sown in the earth… more

SEIGNIOR or SEIGNEUR.

Among the feudists, this name signified lord of the fee. F. N. B. 23. The most extended signification of this word includes not only a lord… more

SEDUCTION.

The offence of a man who abuses the simplicity and confidence of a woman to obtain by false promises what she ought not to grant. … more

SECUS.

Otherwise. … more

SEDITION,

crimes. The raising commotions or disturbances in the state; it is a revolt against legitimate authority, Ersk. Princ. Laws, Scotl. b. 4, t. 4, s. 14;… more

SECURITY.

That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person… more

SECURITY FOR COSTS,

practice. In some courts there is a rule that when the plaintiff resides abroad he shall give security for costs, and until that has been done,… more

TO SECURE.

To protect, insure, or save a right. 2. The constitution of the United States, art. 1, s. 8, gives power… more

SECTORES.

Among the Romans the bidders at an auction were so called. Bab. on Auct. 2. … more

SECTION OF LAND.

The lands of the United States are surveyed into parcels of six hundred and forty acres; each such parcel is called a section. 1 Story~s L…. more

SECTA

pleading. In ancient times the plaintiff was required to establish the truth of his declaration in the first instance, and before it was called in question,… more

SECRETARY FOR THE DEPARTMENT OF WAR,

government. This officer is appointed by the president. He is required to perform and execute such duties as shall, from time to time, be enjoined on… more

SECRETARY OF THE TREASURY OF THE UNITEE STATES,

government. An officer appointed by the president. His principal duties are, 1. To superintend the collection of the revenue. 2. To digest, prepare, and lay before… more

SECRETARY OF STATE OF THE UNITED STATES,

government. The principal officer in the Department of State. (q. v.) He shall perform such duties as shall be enjoined on or entrusted to him by… more

SECRETARY OF THE NAVY,

government. This officer is appointed by the president. His duties are to execute all such orders as he shall receive from the president, relative to the… more

SECRET,

rights. A knowledge of something which is unknown to orthers, out of which a profit may be made; for example, an invention of a machine, or… more

SECRETARY.

An officer who, by order of his superior, writes letters and other instruments. He is so called because he is possessed of the secrets of his… more

SECRETARY OF EMBASSY or OF LEGATION.

An officer appointed by the sovereign power, to accompany a minister of first or secoud rank, and sometimes, though not often, of an inferior rank. He… more

SECRETARY OF LEGATION.

An officer employed to attend a foreign mission, and to perform certain duties as clerk. 2. His salary is fixed by… more

SECRET.

That which is not to be revealed. 2. Attorneys and counsellors, who have been trusted professionally with the secrets of their… more

SECONDS,

crim. law. Those persons who assist, direct and support others engaged in fighting a duel. 2. As they are often much… more

SECONDARY EVIDENCE.

That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence. 3 Bouv. Inst. n…. more

SECONDARY,

English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king~s bench, or common… more

SECOND DELIVERANCE,

practice. The name of a writ given by statute of Westminster the second, 13 Edw. 1. c. 2, founded on the record of a former action… more

SECOND SURCHARGE, WRIT OF.

The name of a writ issued in England against a commoner who has a second time surcharged the common. 3 Bl. Com. 239. … more

SECONDARY,

construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. … more

SEARCHER,

Eng. law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited… more

SECK.

This word has two significations. 1. It means a warrant of remedy by distress. Litt. s. 218; and vide Rent. 2. It imports want of… more

SEARCH WARRANT,

crim. law, practice. A warrant (q. v.) requiring the officer to whom it is addressed, to search a house or other place therein specified, for property… more

SEARCH, RIGHT OF,

mar. law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe, this… more

SEARCH,

practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as… more

SEARCH,

crim. law. An examination of a man~s house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or… more

SEAMEN~S FUND.

By the act of July 16, 1798, a provision is made for raising a fund for the relief of disabled and sick seamen: the master… more

SEA WEED.

A species of grass which grows in the sea. 2. When cast upon land, it belongs to the owner of… more

SEA WORTHINESS,

mer. law. The ability of a ship or other vessel to make a sea voyage with probable safety: there is, in every insurance, whether on ship… more

SEAL-OFFICE,

English practice. The office at which certain judicial writs are sealed with the prerogative seal, and without which they are of no author-ity. The officer whose… more

SEAL OF THE UNITED STATES,

government. The seal used by the United States in congress assembled, shall be the seal of the United States, viz.: ARMS, pale-ways of thirteen pieces argent… more

SEALING OF A VERDICT,

practice. The putting a verdict in writing, and placing it in an envelop, which is sealed. To relieve jurors after they have agreed, it is not… more

SEAMAN.

A sailor; a mariner; one whose business is navigation. 2 Boulay Paty, Dr. Com. 232; Code de Commerce art. 262; Laws of Oleron, art. 7; Laws… more

SCYREGEMOTE

The name of a court among the Saxons. It was the court of the shire, in Latin called curia comitatus, and the principal court among the… more

SE DEFENDENDO,

criminal law. Defending himself. 2. Homicide, se defendendo, is that which takes place upon a sudden rencounter, where two persons upon… more

SEA

The ocean; the great mass of waters which surrounds the land, and which probably extends from pole to pole, covering nearly three quarters of the globe…. more

SEA LETTER OR SEA BRIEF,

maritime law. A document which should be found on board of every neutral ship; it specifies the nature and quantity of the cargo, the place from… more

SEA SHORE,

property. That space of land, on the border of the sea, which is alternately covered and left dry, by the rising and falling of the tide… more

SCUTAGE,

old Eng. law. The name of a tax or contribution raised for the use of the king~s armies by those who held lands by knight~s service. … more

SCROLL

A mark which is to supply the place of a seal, made with a pen or other instrument on a writing. … more

SCRIPT,

conv. The original or principal instrument, where there are part and counterpart. Vide Chirograph; Part, Rescript. … more

SCRIVENER.

A person whose, business it is to write deeds and other instruments for others; a conveyancer. 2. Money scriveners are those… more

SCINTILLA JURIS,

estates; A spark of right. A legal fiction, resorted to for the purpose of enabling feoffees to uses to support contingent uses when they come into… more

SCIRE FACIAS,

remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the… more

SCIRE FACIAS AD AUDIENDUM ERRORES.

The name of a writ which is sued out after the plaintiff in error has assigned his errors. F. N. B. 20; Bac. Ab. Error F…. more

SCIRE FACIAS AD DISPROBANDUM DEBTTUM.

The name of a writ in use in Pennsylvania, which lies by a defendant in foreign attachment against the plaintiff, in order to enable him, within… more

SCIRE FECI,

practice. The return of the sheriff, or other proper officer, to the writ of scire facias, when it has been served; scire feci, “I have made… more

SCIRE FIERI INQUIRY,

Eng. law. The name of a writ, the history of the origin of which is as follows: when on an execution de bonis testatoris against an… more

SCITE.

The setting or standing of may place. The seat or situation of a capital messuage, or the ground on which it Stood. Jacob, L. D. h…. more

SCOLD.

A woman who by her habit of scolding becomes a nuisance to the neighborhood, is called a common scold. Vide Common Scold. … more

SCOT AND LOT

Eng. law. The name of a customary contribution, laid upon all the subjects according to their ability. … more

SCOUNDREL.

An opprobrious title given to a person of bad character. General damages will not lie for calling a man a scoundrel, but special damages may be… more

SCILICET.

A Latin adverb, signifying that is to say; to wit; namely. 2. It is a clause to usher in the sentence… more

SCIENTER,

knowingly. 2. A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of… more

SCIENDUM,

Eng. law. The name given to a clause inserted in the record by which it is made ” known that the justice here in court,… more

SCHOOLMASTER.

One employed in teaching a school. 2. A schoolmaster stands in loco parentis in relation to the pupils committed to his… more

SCHEDULE,

practice. When an indictment is returned, from au inferior court in obedience to a writ of certiorari, the, statement of the previous proceedings sent with it,… more

SCANDALUM MAGNATUM.

Great scandal or slander. In England it. is the slander of the great men, the nobility of the realm. … more

SCANDAL.

A scandalous verbal report or rumor respecting some person. 2. The remedy is an action on the case. … more

SATISFACTION PIECE,

Eng. practice. An instrument of writing in which it is declared that, satisfaction is acknowledged between the plaintiff and defendant. It is signed by the attorney,… more

SATISFACTORY EVIDENCE.

That which is sufficient to induce a belief that the thing is true; in other words, it is credible evidence. 3 Bouv. Inst. n. 3049. … more

SATISFACTION,

construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to… more

SATISDACTION,

civil law. This word is derived from the same root as satisfaction; for, in the same manner that to fulfil the demand which is made upon… more

SATISFACTION,

practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid…. more

SANS RECOURS.

Without recourse. 2. These words are sometimes put on a bill before the payee endorses it; they have the effect of… more

SANITY,

med. jur. The state of a person who has a sound understanding; the reverse of insanity. 2. The sanity of an… more

SANS CEO QUE.

The same as Absque hoc. (q. v.) … more

SANS NOMBRE.

This is a French phrase, which signifies without number. 2. In England it is used in relation to the right of… more

SANG or SANC.

Blood. These words are nearly obsolete. … more

SALVORS,

mar. law. When a ship and cargo, or any part thereof, are saved at sea by the exertions of any person from impending perils, or… more

SAMPLE,

contracts. A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity called the bulk. (q. v.) … more

SANCTION.

That part of a law which inflicts a penalty for its violation, or bestows a reward for its observance. Sanctions are of two kinds, those which… more

SANCTUARY.

A place of refuge, where the process of the law cannot be executed. 2. Sanctuaries may be divided into religious and… more

SANE MEMORY.

By this is meant that understanding which enables a man to make contracts and his will, and to perform such other acts as are authorized by… more

SALVAGE CHARGES.

The expenses incurred to remunerate services rendered to a ship and cargo, which have prevented its being a total loss. Stev. on Av. c. 2, s…. more

SALVAGE LOSS.

By salvage loss is understood the difference between the amount of salvage, after deducting the charges, and the original value of the property. Stev. on Av…. more

SALVAGE,

maritime law. This term originally meant the thing or goods saved from shipwreck or other loss; and in that sense it is generally to be understood… more

SALIQUE LAW.

The name of a code of laws so called from the Salians, a people of Germany, who settled in Gaul under their king Phararaond. … more

SALE AND RETURN.

When goods are sent from a manufacturer or wholesale dealer to a retail trader, in the hope that he may purchase them, with the understanding that… more

SALE NOTE.

A memorandum given by a broker to a seller or buyer of goods, stating the fact that certain goods have been sold by him on… more

SAISIE-EXECUTION

French law. This term is used in Louisiana. It is a writ of execution by which the creditor places under the custody of the law, the… more

SAISIE-FORAINE.

A term used in Louisiana and in the French law; this is a permission given by the proper judicial officer, to authorize a creditor to seize the… more

SAISIE-GAGERIE,

French law. A conservatory act of execution, by which the owner, or principal lessor of a house or farm, causes the furniture of the house or… more

SAISIE-IMMOBILIERE.

A writ by which the creditor puts in the custody of the law the immovables of his debtor, that out of the proceeds of their sale,… more

SALARY.

A reward or recompense for services performed. 2. It is usually applied to the reward paid to a public officer… more

SALE,

contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a… more

SAILORS.

Seamen, mariners. Vide Mariners; Seamen; Shipping Articles. … more

SAID.

Before mentioned. 2. In contracts and pleadings it is usual and proper when it is desired to speak of a person… more

SAILING INSTRUCTIONS,

mar. law. Written or printed directions, delivered by the commanding officer of a convoy to the several masters of the ships under his care, by which… more

SAFE PLEDGE,

salvus-plegius. A surety given that a man shall appear upon a certain day. Bract. lib. 4, c. 1. … more

SAFE-CONDUCT,

comm. law, war. A passport or permission from a neutral state to persons who are thus authorized to go and return in safety, and, sometimes, to… more

SAEVETIA

Cruelty. (q. v.) It is required in order to constitute saevetia that there should exist such a degree of cruelty as to endanger the party~s suffering… more

SACQUIER

maritime law. The same of an ancient officer, whose business “was to load and unload vessels laden with salt, corn, or fish, to prevent the ship~s crew… more

SACRILEGE

The act of stealing from the temples or churches dedicated to the worship of God, articles consecrated to divine uses. Pen. Code of China, B. 1,… more

SABBATH.

The same as Sunday. (q. v.) … more

SABINIANS.

A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name. Clef des Lois Rom. h…. more

SACRAMENTUM

An oath; as, qui dicunt supra sacramentum suum. … more

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20
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R-Advocates Dictionary

RUNNING WITH THE LAND

A technical expression applied to covenants real, which affect the land; and if a lessee covenants that he and his assigns will repair the house demised,… more

RUSE DE GUERRE

Literally a trick in war; a stratagem. It is said to be lawful among belligerents, provided it does not involve treachery and falsehood. Grot. Droit de… more

RUTA

civ. law. The name given to those things which are extracted or taken from land, as sand, chalk, coal, and such other things. Poth. Pand. liv…. more

RURAL

That which relates to the country, as rural servitudes. See Urban. … more

RUPEE

comm. law. A denomination of money in Bengal. In the computation of ad valorem duties, it is valued at fifty-five and one half cents. Act of… more

RUNNING OF THE STATUTE OF LIMITATIONS

A metaphorical expression, by which is meant that the time mentioned in the statute of limitations is considered as passing. 1 Bouv. Inst. n. 861. … more

RUNCINUS

A nag. 1 Tho. Co. Litt. 471. … more

RUNNING DAYS

In settling the lay days, (q. v.) or the days of demiurrage, (q. v.) the contract sometimes specifies “running days;” by this exprression is, in general,… more

RULES OF PRACTICE

Certain orders made by the courts for the purpose of regulating the practice of members of the bar and others. 2. Every court… more

RUMOR

A general public report of certain things, without any certainty as to their truth. 2. In general, rumor cannot be received in evidence,… more

TO RULE

This has several meanings: 1. To determine or decide; as, the court rule the point in favor of the plaintiff. 2. To order by rule;… more

RULES

English law. The rules of the King s Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper… more

RULE OF THE WAR

l756, comm. law, war. A rule relating to neutrals was the first rule practically, established in 1756, and universally promulgated, that “neutrals are not to carry… more

RULE, TERM

English practice. A term rule is in the nature of a day rule, by which a prisoner is enabled by the terms of one rule,… more

RULE TO SHOW CAUSE

An order made by the court, in a particular case, upon motion of one of the parties calling upon the other to appear at a particular… more

RULE OF COURT

An order made by a court having competent jurisdiction. 2. Rules of court are either general or special; the former are the laws by… more

RULE

This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn… more

RULE OF LAW

Rules of law are general maxims, formed by the courts, who having observed what is common to many particular cases, announce this conformity by a maxim,… more

RUBRIC

civil law. The title or inscription of any law or statute, because the copyists formerly drew and painted the title of laws and statutes rubro colore,… more

RUDENESS

crim. law. An impolite action; contrary to the usual rules observed in society, committed by one person against another. 2. This is a… more

ROUBLE

The name of a coin. The rouble of Russia, as money of account, is deemed and taken at the custom-house, to be of the value… more

ROUT

crim. law. A disturbance of the peace by persons assembled together with an intention to do a thing, which, if executed, would have made them rioters,… more

ROUTOUSLY

pleadings. A technical word properly used in indictments for a rout as descriptive of the offence. 2 Salk. 593. … more

ROYAL HONORS

In diploniatic language by this term is understood the rights enjoyed by every empire or kingdom in Europe, by the pope, the grand duchies of Germany,… more

ROOT

That part of a tree or plant under ground from which it draws most of its nourishment from the earth. 2. When the… more

ROSTER

A list of persons who are in their turn to perform certain duties, required of them by law. Tytler , on Courts Mart. 93. … more

ROOD OF LAND

The fourth part of an acre. … more

ROLE D EQUIPAGE

The list of a ship s crew; the muster roll. … more

ROLL

A schedule of parchment which may be turned up with the hand in the form of a pipe or tube. Jacob, L. D. h. t…. more

ROD

A measure sixteen feet and a half long; a perch. … more

ROGATORY, LETTERS

A kind of commission from a judge authorizing and requesting a judge of another jurisdiction to examine a witness. Vide Letters Rogatory. … more

ROGUE

A French word, which in that language signifies proud, arrogant. In some of the ancient English statutes it means an idle, sturdy beggar, which is its… more

RIXA

civil law. A dispute; a quarrel. Dig. 48, 8, 17. … more

RIXATRIX

A common scold. (q. v.) … more

ROAD

A passage through the country for the use of the people. 3 Yeates, 421. 2. Roads are public or private. Public roads are… more

ROAD

mar. law. A road is defined by Lord Hale to be an open passage of the sea, which, from the situation of the adjacent land,… more

ROARING

A disease among horses occasioned by the circumstance of the neck of the windpipe being too narrow for accelerated respiration; the disorder is frequently produced by… more

ROBBER

One who commits a robbery. One who feloniously and forcibly takes goods or money to any value from the person of another by violence or putting… more

ROBBERY

crimes. The felonious and forcible taking from the person of another, goods or money to any value, by violence or putting him in fear. 4 Bl…. more

RIVER

A natural collection of waters, arising from springs or fountains, which flow in a bed or canal of considerable width and length, towards the sea. … more

RIX DOLLAR

The name of a coin. The rix dollar of Bremen, is deemed as money of account, at the custom-house, to be of the value of seventy-eight… more

RIPUARIAN LAW

A code of laws of the Franks, who occupied the country upon the Rhine, the Meuse and Scheldt, who were collectively known by the name Ripuarians,… more

RISK

A danger, a peril to which a thing is exposed. The subject will be divided by considering, 1. Risks with regard to insurances. 2. Risks… more

RIOTOUSLY

pleadings. A technical word properly used in an indictment for a riot, and ex vi termini, implies violence. 2 Sess. Cas. 13; 2 Str. 834; 2… more

RIPARIAN PROPRIETORS

estates. This term, used by the civilians, has been adopted by the common lawyers. 4 Mason s Rep. 397. Those who own the land bounding upon… more

RIPA

The bank of a river, or the place beyond which the waters do not in their natural course overflow. 2. An extraordinary overflow… more

RIGHT OF HABITATION

By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of another. Civ. Code, art. 623; 3 Toull. ch…. more

RIGHT OF RELIEF

Scottish law. The right which the cautioner (surety) has against the principal debtor when he has been forced to pay his debt. 1 Bell s Com…. more

RIGHT PATENT

The name of an ancient writ, which Fitzherbert says, “ought to be brought of lands and tenements, and not of an advowson, or of common, and… more

RIGHT, WRIT OF

Breve de recto. Vide Writ of light. … more

RING DROPPING

crim. law. This phrase is applied in England to a trick frequently practised in committing larcenies. It is difficult to define it; it will be sufficiently… more

RINGING THE CHANGE

crim. law. A trick practised by a criminal, by which, on receiving a good piece of money in payment of an article, he pretends it is… more

RIOT

crim. law. At common law a riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with… more

RIGHT OF DIVISION

Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle… more

RIGHT OF DISCUSSION

Scottish law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the performance of the contract by… more

RIEN

This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe per le fait, nothing passes by the… more

RIEN EN ARRERE

pleading. Nothing in arrear; nothing remaining due and unpaid. 2. The plea in an action of debt for rent, may be rien en… more

RIENS PASSA PAR LE FAIT

The name of a plea; it signifies that nothing pass-ed by the deed; for example, when a deed is acknowledged in court, a man cannot plead… more

RIGHT

This word is used in various senses: 1. Sometimes it signifies a law, as when we say that natural right requires us to keep our promises,… more

RIDER

practice, legislation. A schedule or small piece of paper or parchment added to some part of the record; as, when, on the reading of a bill… more

RIDING

Eng. law. An ascertained district, part of a county. This term has the same meaning in Yorkshire which division has in Lincolnshire. 4 T. R. 459…. more

RHODIAN LAW

A code of marine laws established by the people of Rhodes, bears this name. Vide Law Rhodian. … more

RIAL OF PLATE, and RIAL OF VELLON

comm. law. Denominations of money of Spain. 2. In the ad valorem duty upon goods, &c., the former are computed at ten cents, and… more

RIBAUD

A rogue; a vagrant. It is not used. … more

RECOGNIZEE

He for whose use a recognizance has been taken. … more

REVOCATOR

Recalled. This word is used when a judgment is annulled for an error in fact, the judgment is then said to be recalled, revocatur; and not… more

REVOLT

crim. law. The act of congress of April 30, 1790, s. 8, 1 Story s L. U. S. 84, punishes with death any seaman who… more

RHODE ISLAND

The name of one of the original states of the United States of America. This state was settled by emigrants from Massachusetts, who assumed the government… more

REWARD

An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed,… more

REVERSION

estates. The residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him; it… more

REVERSIONER

estates. One entitled to a reversion. 2. Although not in actual possession, the reversioner having a vested interest in the reversion, is entitled… more

REVERSOR

law of Scotland. A debtor who makes a wadset and to whom the right of reversion is granted. Ersk. Pr. L. Scotl. B. 2, t…. more

REVERTER

Reversion. A formedon in reverter is a writ which was a proper remedy when the donee in tail or issue died without issue and a stranger… more

REVIEW

practice. A second examination of a matter. For example, by the laws of Pennsylvania, the courts having jurisdiction of the subject may grant an order for… more

REVIVAL

contracts. An agreement to renew the legal obligation of a just debt, after it has been barred by the act of limitation or lapse of time,… more

REVIVAL

practice. The act by which a judgment, which has lain dormant or without any action upon it for a year and a day is, at… more

REVIVE

practice. When a judgment is more than a day and a year old, no execution can issue upon it at common law; but till it… more

REVIVOR

the name of a bill in chancery used to renew an original bill which for some reason has become inoperative. Vide Bill of Revivor. … more

REVOCATION

The act by which a person having authority, calls back or annuls a power, gift, or benefit, which had been bestowed upon another. For example, a… more

TO REVERSE

practice. The decision of a superior court by which the judgment, sentence or decree of the inferior court is annulled. 2. After a… more

RETURN

contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after… more

RETURN DAY

A day appointed by law when all writs are to be returned which have issued since the preceding return day. The sheriff is in general not… more

RETURN OF WRITS

practice. A short account in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. on… more

REUS

civil law. This word has two different meanings. 1. A party to a suit, whether plaintiff or defendant; Reus est qui cum altero litem contestatem habet,… more

REVENDICATION

civil and French law. An action by which a man demands a thing of which he claims to be owner. It applies to immovables as well… more

REVENUE

The income of the government arising from taxation, duties, and the like; and, according to some correct lawyers, under the idea of revenue is also included… more

REVERSAL

international law. First. A declaration by which a sovereign promises that he will observe a certain order, or certain conditions, which have been once established, notwithstanding… more

RETROSPECTIVE

Looking backwards. 2. This word is usually applied to those acts of the legislature, which are made to operate upon some subject, contract… more

RETRIBUTION

1. That which is given to another to recompense him for what has been received from him; as a rent for the hire of a… more

RETROCESSION

civil law. When the assignee of heritable rights conveys his rights back to the cedent, it is called a retrocession. Erskine, Prin. B. 3, t. 5,… more

RETAINER

practice. The act of a client, by which he engages an attorney or counsellor to manage a cause, either by prosecuting it, when he is plaintiff,… more

RETAINING FEE

A fee given to counsel on being consulted in order to insure his future services. … more

RETAKING

The taking one s goods, wife, child, &c., from another, who with-out right has taken possession thereof. Vide Recaption; Rescue. … more

RETALIATION

The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should… more

RETENTION

Scottish law. The right which the possessor of a movable has, of holding the same until he shall be satisfied for his claim either against such… more

RETORNO HABENDO

The name of a writ issued to compel a party to return property which has been adjudged to the other in an action of replevin. Vide… more

RETORSION

war. The name of the act employed by a government to impose the same hard treatment on the citizens or subjects of a state, that… more

TO RETRACT

To withdraw a proposition or offer before it has been accepted. 2. This the party making it has a right to do is… more

RETRAXIT

practice. The act by which a plaintiff withdraws his. suit; it is so called from the fact that this was the principal word used when the… more

RESPONSALIS

old Eng. law., One who appeared for another in court. Fleta, lib. 6, c., 21. In the ecclesiastical law, this name is sometimes given to a… more

RESPONSIBILITY

The obligation to answer for an act done, and to repair any injury it may have caused. 2. This obligation arises without… more

RESTITUTION

maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved… more

RESTITUTION

practice. The return of something to the owner of it, or to the person entitled to it. 2. After property has been taken… more

TO RESTORE

To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. By restitution is understood… more

RESTRAINING

Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation. … more

RESTRAINING POWERS

A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictions by the terms of the… more

RESTRAINT

Something which prevents us from doing what we would desire to do. 2. Restraint is lawful and unlawful. It is lawful when its… more

RESTRICTIVE INDORSEMENT

contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express words to that effect, as by indorsing it “payable… more

RESULTING TRUSTS

estates. Resulting, implied or constructive trusts, are those which arise in cases where it would be contrary to the principles of equity that be in whom… more

RESULTING USE

estates. One which having been limited by deed, expires or cannot vest; it then returns back to him who raised it, after such expiration, or during… more

RESUMPTION

To reassume; to promise again; as, the resumption of payment of specie by the banks is general. It also signifies to take things back; as the… more

RETAIL

To sell by retail, is to sell by small parcels, and not in the gross. 5 N. S. 279. … more

RETAILER OF MERCHANDISE

One who deals in merchandise by selling it in smaller quantities than he buys, generally with a view to profit. … more

TO RETAIN

practice. To engage the services of an attorney or counsellor to manage a cause, at which time it is usual to give him a fee, called… more

RETAINER

The act of withholding what one has in one s own hands by virtue of some right. 2. An executor or administrator is… more

RESCRIPT

conv. A counterpart. 2. In the canon law, by rescripts are understood apostolical letters, which emanate from the pope, under whatever form they… more

RESCRIPTION

French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for… more

RESCRIPTS

civ. law. The answers of the prince at the request of the parties respecting some matter in dispute between them, or to magistrates in relation to… more

RESCUE

crim. law. A forcible setting at liberty against law of a person duly arrested. Co. Litt. 160; 1 Chitty s Cr, Law, *62; 1 Russ…. more

RESPONDERE NON DEBET

The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege; for example, as being a… more

RESPONSA PRUDENTUM

civil law. Opinions given by Roman lawyers. Before the time of Augustus, every lawyer was authorized de jure, to answer questions put to him, and all… more

RESPONDEAT OUSTER

The name of a judgment when an issue in law, arising on a dilatory plea, has been decided for the plaintiff, that the defendant answer over…. more

RESPONDENT

practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this term signifies one who answers or… more

RESPONDENTIA

maritime law. A loan of money on maritime interest, on goods laden on board of a ship, which, in the course of the voyage must, from… more

RESPITE

crim. law. A suspension of a sentence, which is to be executed at a future time. It differs from a pardon, which is in abolition… more

RESPITE

contracts, civil law. An act by which a debtor who is unable to satisfy his debts at the moment, transacts (i. e. compromises) with his creditors,… more

RESPIRATION

Med. jur. Breathing, which consists of the drawing into, inhaling, or more technically, inspiring, atmospheric air into the lungs, and then: forcing out, expelling, or technically… more

RESPECTABLE WITNESS

One who is competent to testify in a court of justice. To pass lands in Alabama, a will must be attested by three or more respectable… more

RESERVATION

contracts. That part of a deed or other instrument which reserves a thing not in esse at the time of the grant, but newly created. 2… more

RESET OF THEFT

Scotch law. The receiving and keeping of stolen goods knowing them to be stolen, with a design of feloniously retaining them from the real owner. Alis…. more

RESETTER

Scotch law. A receiver of stolen goods, knowing them to have been stolen. … more

RESIANCE

A man s residence or permanent abode. Such a man is called a resiant. Kitch. 33. … more

RESIDENCE

The place of one s domicil. (q. v.) There is a difference between a man s residence and his domicil. He may have his domicil in… more

RESIDENT

international law. A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only… more

RESIDENT

persons. A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not… more

RESIDUARY LEGATEE

He to whom the residuum of the estate is devised or bequeathed by will. Roper on Leg. Index, h. t.; Powell Mortg. Index, h. t.; 8… more

RESIDUE

That which remains of something after taking away a part of it; as, the residue of an estate, which is what has not been particularly devised… more

RESIGNATION

The act of an officer by which he declines his office, and renounces the further right to use it. It differs from abdication. (q. v.) … more

RESIGNEE

One in favor of whom a resignation is made. 1 Bell s Com. 125 n. … more

RESISTANCE

The opposition of force to force. 2. Resistance is either lawful or unlawful. 1. It is lawful to resist one who is in… more

RESOLUTION

A solemn judgment or decision of a court. This word is frequently used in this sense, in Coke and some of the more ancient reporters. It… more

RESOLUTION

Civil law. The act by which a contract which existed and was good, is rendered null. 2. Resolution differs essentially from rescission. The… more

RESOLUTORY CONDITION

On which has for its object, when accomplished, the revocation of the principal obligation; for example, I will sell you my crop of cotton, if my… more

RESORT

The authority or jurisdiction of a court. The supreme court of the United States is a court of the last resort. … more

RESCUSSOR

The party making a rescue, is sometimes so called, but more properly he is a rescuer. … more

RESCUE

mar. war. The retaking by a party captured of a prize made by the enemy. There is still another kind of rescue which partake s… more

RESCOUS

crim. law, torts. This word is used synonymously with rescue, (q. v.) and denotes the illegal taking away and setting at liberty a distress taken, or… more

RESCEIT

The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an action is brought against… more

RESCEIT or RECEIT

The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is… more

RESCISSION OF A CONTRACT

The destruction or annulling of a contract. 2. The right to rescind a contract seems to suppose not that the contract has existed only… more

RES PERIT DOMINO

The thing is lost to the owner. This phrase is used to express that when a thing is lost or destroyed, it is lost to… more

RES UNIVERSATIS

Those things which belong to cities or municipal corporations are so called; they belong so far to the public that they cannot be appropriated to private… more

RESALE

A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, for him,… more

RES MANCIPI

Rom. civ. law. Those things which might be sold and alienated, or the property of them transferred from one person to another. The division of things… more

RES NOVA

Something new; something not before decided. … more

RES NULLIUS

A thing which has no owner. A thing which has been abandoned by its owner is as much res nullius as if it had never… more

TO REPUDIATE

To repudiate a right is to express in a sufficient manner, a determination not to accept it, when it is offered. 2. He… more

REPUDIATION

In the civil law this term is used to signify the putting away of a wife or a woman betrothed. 2. Properly divorce… more

REPUGNANCY

contracts. That which in a contract, is inconsistent with something already contracted for; as, for example, where a man by deed grants twenty acres of land,… more

REPUGNANCY

pleading. Where the material facts stated in a declaration or other pleading, are inconsistent one with another for example, where in an action of trespass, the… more

REPUGNANT

That which is contrary to something else; a repugnant condition is one contrary to the contract itself; as, if I grant you a house and lot… more

REPUGNANT CONDITION

One which is contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that you shall not aliens,… more

REPUTATION

evidence. The opinion generally entertained by persons who know another, as to his character, (q. v.) or it is the opinion generally entertained by person; who… more

REQUEST

contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract…. more

REQUEST

pleading. The statement in the plaintiff s declaration that a demand or request has been made by the plaintiff from the defendant, to do some act… more

REPUBLIC

A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently… more

REPUBLICAN GOVERNMENT

A government in the republican form; a government of the people; it is usually put in opposition to a monarchical or aristocratic government. 2…. more

REPUBLICATION

An act done by a testator from which it can be concluded that be intended that an instrument which had been revoked by him, should operate… more

RES TUDIC ATA

practice. The decision of a legal or equitable issue, by a court of competent jurisdiction. 2. It is a general principle that such… more

RES GESTA

evidence. The subject matter; thing done. 2. When it is necessary in the course of a cause to inquire into the nature of… more

RES INTEGRA

An entire thing; an entirely new or untouched matter. This term is applied to those points of law which have not been decided, which are “untouched… more

RES INTER ALIOS ACTA

evidence. This is a technical phrase which signifies acts of others, or transactions between others. 2. Neither the declarations nor any other acts… more

REQUEST NOTES

Engl. law. Certain notes or requests from persons amenable to the excise laws, to obtain a permit for removing any excisable goods or articles from one… more

REQUISITION

The act of demanding a thing to be done by virtue of some right. 2. The constitution of the United States, art. 4, s. 2,… more

RES

property. Things. The terms “Res,” “Bona,” “Biens,” used by jurists who have written in the Latin and French languages, are intended to include movable or personal,… more

REPRESENTATION

Scotch law. The name of a plea or statement presented to a lord ordinary of the court of sessions, when his judgment is brought under review…. more

REPRESENTATION OF PERSONS

; A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represen-ted. … more

REPRIEVE

crim. law practice. This term is derived from reprendre, to take back, and signifies the withdrawing of a sentence for an interval of time, and operates… more

REPRIMAND

punishment. The censure which in some cases a public office pronounces against an offender. 2. This species of punishment is used by legislative… more

REPRISALS

war. The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for a injury committed by the latter on the… more

REPRISES

The deductions and payments out of lands, annuities, and the like, are called reprises, because they are taken back; when we speak of the clear yearly… more

REPROBATION

eccl. law. The propounding exceptions either against facts, persons or things; as, to allege that certain deeds or instruments have not been duly and lawfully executed;… more

TO REPRESENT

To exhibit; to expose before the eyes: to represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. … more

REPRESENTATION

insurances. A representation is a collateral statement, either by writing not inserted in the policy, or by parol, of such facts or circumstances relative to the… more

REPRESENTATIVE DEMOCRACY

A form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for… more

REPRESENTATIVE

One who represents or is in the place of another. 2. In legi4lation, it signifies one who has been elected a moraber of that… more

REPORT

legislation. A statement made by a committee to a legislative assembly, of facts of which they were charged to inquire. … more

REPORT

practice. A certificate to the court made by a master in chancery, commissioner or other person appointed by the court, of the facts or matters to… more

REPORTER

A person employed in making out and publishing the history of cases decided by the court. 2. The act of congress of August… more

REPORTS

Law books, containing a statement of the facts and law of each case which has been decided by the courts; they are generally the most certain… more

REPLEVY

To re-deliver goods which have been distrained to the original possessor of them, on his giving pledges in all action of replevin. It signifies also the… more

REPLIANT

One who makes a replication. … more

REPLICATION

pleading. The plaintiff s answer to the defendant s plea. 2. Replications will be considered, 1. With regard to their several kinds. 2. To… more

REMEMBRANCERS

; Eng. law. Officers of the exchequer, whose duty it is to remind the lord treasurer and the justices of that court of such things as are… more

REMISE

A French word which literally means a surrendering or returning a debt or duty. 2. It is frequently used in this sense in… more

REMISSION

civil law. A release. 2. The remission of the debt is either conventional, when it is expressly granted to the debtor by a… more

TO REMIT

To annul a fine or forfeiture. 2. This is generally done by the courts where they have a discretion by law: as,… more

REMITTANCE

comm. law. Money sent by one merchant to another, either in specie, bill of exchange, draft or otherwise. … more

REMITTEE

contracts. A person to whom a remittance is made. Story on Bailm. §75. … more

REMITTER

estates. To be placed back in possession. 2. When one having a right to lands is out of possession, and afterwards the… more

REMITTIT DAMNA

An entry on the record by which the plaintiff declares that he remits the damages or a part of the damages which have been awarded him… more

REMITTOR

contracts. A person who makes a remittance to another. … more

REMITTITUR DAMNUM, or DAMNA

practice. The act of the plaintiff upon the record, whereby he abates or remits the excess of damages found by the jury beyond the sum laid… more

REMITTUR OF RECORD

After a record has been removed to the supreme court, and a judgment has been rendered, it is to be remitted or sent back to the… more

REMONSTRANCE

A petition to a court, or deliberative or legislative body, in which those who have signed it request that something which it is in contemplation to… more

REMOTE

At a distance; afar off, not immediate. A remote cause is not in general sufficient to charge a man with the commission of a crime, nor… more

REMOVAL FROM OFFICE

The act of a competent officer or of the legislature which deprives an officer of his office. It may be express, that is, by a notification… more

REMOVER

practice. When a suit or cause is removed out of one court into another, which is effected by writ of error, certiorari, and the like. 11… more

REMUNERATION

Reward; recompense; salary. Dig. 17, 1, 7. … more

RENDER

To yield; to return; to give again; it is the reverse of prender. … more

RENDEZVOUS

A place appointed for meeting. 2. Among seamen it is usual when vessels sail under convoy, to have a rend ezvous in case… more

RENEWAL

A change of something old for for something new; as, the renewal of a note; the renewal of a lease. See Novation, and 1 Bouv…. more

TO RENOUNCE

To give up a right; for example, an executor may renounce the right of administering the estate of the testator; a widow the right to administer… more

RENT

estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tenements in retribution for the use. 2 Bl. Com. 41;… more

RENT-ROLL

A roll of the rents due to a particular person or public body. See Rental. … more

RENTAL

A roll or list of the rents of an estate containing the description of the lands let, the names of the tenants, and other particulars connected… more

RENTE

In the French funds this word is nearly synonymous with our word annuity. … more

RENTE FONCIERE

This is a technical phrase used in Louisiana. It is a rent which issues out of land, and it is of its essence that it… more

RENTE VIAGERE

French law. This term, which is used in Louisiana, signifies an annuity for life. Civ. Code of Lo. art. 2764; Poth. Du Contract de Constitution de… more

RENUNCIATION

The act of giving up a right. 2. It is a rule of law that any one may renounce a right which… more

REPAIRS

That work which is done to an estate to keep it in good order. 2. What a party is bound to do, when… more

REPARATION

The redress of an injury; amends for a tort inflicted. Vide Remedy; Redress. … more

REPARTIONE, FACIENDA, WRIT DE

The name of an ancient writ which lies by one or more joint tenants against the other joint tenants, or by a person owning a house… more

REPEAL

legislation. The abrogation or destruction of a law by a legislative act. 2. A repeal is express; as when it is literally declared… more

REPERTORY

This word is nearly synonymous with inventory, and is so called because its contents are arranged in such order as to be easily found. Clef des… more

REPETITION

construction of wills. A repetition takes place when the same testator, by the same testamentary instrument, gives to the same legatee legacies of equal amount and… more

REPETITION

civil law. The act by which a person demands and seeks to recover what he has paid by mistake, or delivered on a condition which has… more

REPETITION

Scotch law. The act of reading over a witness deposition, in order that he may adhere to it, or correct it at his choice. The same… more

REPLEADER

practice. When an immaterial issue has been formed, the court will order the parties to plead de novo, for the purpose of obtaining a better issue… more

REPLEGIARE

To redeem a thing detained or taken by another, by putting in legal sureties. See Replevin. … more

REPLEVIN

remedies. The name of an action for the recovery of goods and chattels. 2. It will be proper to consider, 1. For what… more

REMAINDER

estates. The remnant of an estate in lands or tenements expectant on a particular estate, created together with the same, at one time. Co. Litt. 143… more

REMAINDER-MAN

One who is entitled to the remainder of the estate after a particular estate carved out of it has expired. … more

TO REMAND

To send back or recommit. When a prisoner is brought before a judge on a habeas corpus, for the purpose of obtaining his liberty, the judge… more

REMANDING A CAUSE

practice. The sending it back to the same court out ofwhich it came for the purpose of having some action on it there. March, R. 100…. more

REMANENT PRO DEFECTU EMPTORUM

practice. The return made by the sheriff to a writ of execution when he has not been able to sell the property seized, that the same… more

REMANET

practice. The causes which are entered for trial, and which cannot be tried during tho term, are remanets. Lee s Dict. Trial, vii.; 1 Sell. Pr…. more

REMEDIAL

That which affords a remedy; as, a remedial statute, or one which is made to supply some defects or abridge some superfluities of the common law…. more

RELEVANT EVIDENCE

That which is applicable to the issue and which ought to be received; the phrase is used in opposition to irrelevant evidence, which is that which… more

REMEDY

The means employed to enforce a right or redress an injury. 2. The importance of selecting a proper remedy is made strikingly evident by… more

RELICT

A widow; as A B, relict of C D. … more

RELICTA VFRIFICATIONE

When a judgment is confessed by cognovit actionem after plea pleaded, and then the plea is withdrawn, it is called a confession or cognovit actionem relicta… more

RELICTION

An increase of the land by the sudden retreat of the sea or a river. 2. Relicted lands arising from the sea and… more

RELIEF

Engl. law. A relief was an incident to every feudal tenure, by way of fine or composition with the lord for taking up the estate which… more

RELIEF

practice. That assistance which a court of chancery will lend to a party to annul a contract tinctured with fraud, or where there has been a… more

RELIGION

Real piety in practice, consisting in the performance of all known duties to God and our fellow men. 2. There are many actions… more

RELEASE

estates. The “conveyance of a man s interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate… more

RELIGIOUS TEST

The constitution of the United States, art. 6, s. 3, de-clares that “no religious test shall ever be required as a qualification to any office, or… more

RELINQUISHMENT

practice. A forsaking, abandoning, or giving over a right; for example, a plaintiff may relinquish a bad count in a declaration, and proceed on the good:… more

RELOCATION

Scotch law, contracts. To let again to renew a lease, is called a relocation. 2. When a tenant holds over after the expiration… more

RELEASEE

A person to whom a release is made. … more

RELEASOR

He who makes a release. … more

RELEGATION

civil law. Among the Romans relegation was a banishment to a certain place, and consequently was an interdiction of all places except the one designated. … more

RELEVANCY

By this term is understood the evidence which is applicable to the issue joined; it is relevant when it is applicable to the issue, and ought… more

RELATIVE

One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense, having relation or connexion with some other person… more

RELATIVE POWERS

Those which relate to land, so called to distinguish them from those which are collateral to it. 2. These powers are appendant, as… more

RELATIVE RIGHTS

Those to which a person is entitled in consequence of his relation with others such as the rights of a hushand in relation to his wife;… more

RELEASE

Releases are of two kinds. 1. Such as give up, discharge, or abandon a right of action. 2. Such as convey a man s interest… more

RELEASE

contracts. A release is the giving or discharging of a right of action which a man has or may claim against another, or that which… more

RELATOR

A rehearser or teller; one who, by leave of court, brings an information in the nature of a quo warranto. 2. At common… more

RELATION

contracts, construction. When an act is done at one time, and it operates upon the thing as if done at another time, it is said… more

RELATIONS

kindred. In its most extensive signification, this term includes all the kindred of the person spoken of. In a more limited sense, it signifies those persons… more

RELAPSE

The condition of one who, after having abandoned a course of vice, returns to it again. Vide Recidive. … more

RELATION

civil law. The report which the judges made of the proceedings in certain suits to the prince were so called. 2. These relations… more

REISSUABLE NOTES

Bank notes, which after having been once paid, may again be put into circulation, are so called. 2. They cannot properly be called… more

REJOINDER

pleadings. The name of the defendant s answer to the plaintiff s replication. 2. The general requisites of a rejoinder are, 1. It… more

REHABILlTATION

The act by which a man is restored to his former ability, of which he had been deprived by a conviction, sentence or judgment of a… more

REHEARING

A second consideration which the court gives to a cause, on a second argument. 2. A rehearing takes place principally when the court… more

REI INTERVENTUS

When a party is imperfectly bound in an obligation, he may in general, annul such imperfect obligation; but when he has permitted the opposite party to… more

RE-INSURANCE

mar. contr. An insurance made by a former insurer, his executors, administrators, or assigns, to protect himself and his estate from a risk to which they… more

REGISTRARIUS

An ancient name given to a notary. In England this name is confined to designate the officer of some court, the records or archives of which… more

REGISTRUM BREVIUM

The name of an ancient book which was a collection of writs. See Register of Writs … more

REGISTRY

A book authorized by law, in which writings are registered or recorded. Vide To Record; Register. … more

REGNANT

One having authority as a king; one in the exercise of royal authority. … more

REGRATING

crim. law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other merchandise, is so denomin-ated. 3 Inst…. more

REGRESS

Returning; going back opposed to ingress. (q. v.) … more

REGULAR DEPOSIT

One where the thing deposited must be returned. It is distinguished from an irregular deposit. … more

REGULAR AND IRREGULAR PROCESS

Regular process is that which has been lawfully issued by a court or magistrate, having competent jurisdiction. Irregular process is that which has been illegally issued…. more

This is a book preserved in the English court of chancery, in which were entered, from time to time, all forms of writs once issued. … more

REGIMIENTO

Laws of the Spanish empire of the Indies. The body of regi- dores who never exceeded twelve, forming a part of the municipal council or ayuntamiento,… more

evidence. A book containing a record of facts as they occur, kept by public authority; a register of births, marriages and burials. 2. Although… more

common law. The certificate of registry granted to the person or persons entitled thereto, by the collector of the district, comprehending the port to which any… more

An officer authorized by law to keep a record called a register or registry; as the register for the probate of wills. … more

An officer in Pennsylvania, who has gene- rally the same powers that judges of probates and surrogates have in other states, and the ordinary has in… more

REGENT

1. A ruler, a governor. The term is usually applied to one who governs a regency, or rules in the place of another. … more

REGIAM MAJESTATEM

The name of an ancient law book ascribed to David I of Scotland. It is, according to Dr. Robertson, a servile copy of Glanville. Ro- bertson… more

REGICIDE

The killing of a king, aud, by extension, of a queen. Theorie des Lois Criminelles, vol. 1, p. 300. REGIDOR. Laws of the Spanish empire of… more

REGENCY

The authority of the person in monarchical countries invested with the right of governing the state in the name of the monarch, during his minority, absence,… more

REFORMATION

criminal law. The act of bringing back a criminal to such a sense of justice, so that he may live in society without any detriment to… more

TO REFRESH

To reexamine a subject by having a reference to something connected with it. 2. A witness has a right to examine a memorandum… more

TO REFUND

To pay back by the party who has received it, to the party who has paid it, money which ought not to have been paid…. more

REFUSAL

The act of declining to receive or to do something. 2. A grantee may refuse a title, vide Assent; one appointed executor… more

REFORM

To reorganize; to rearrange as, the jury “shall be reformed by putting to and taking out of the persons so impanneled.” Stat. 3 H. VIII. c…. more

REFERENDUM

international law. When an amhassador receives propositions touching an object over which he has no sufficient power and he is without instruction, he accepts it ad… more

REFALO

A word composed of the three initial syllables re. fa. lo., for recordari facias loquelam. (q. v.) 2 Sell. Pr 160; 8 Dowl. R. 514. … more

REFECTION

civil law. Reparation, reestablishment of a building. Dig. 19, 1, 6, 1. … more

REFEREE

A person to whom has been referred a matter in dispute, in order that he may settle it. His judgment is called an award. Vide Arbitrator;… more

REFERENCE

contracts. An agreement to submit to certain arbitrators, matters in dispute between two or more parties, for their decision, and judgment. The persons to whom such… more

REFERENCE

mercantile law. A direction or request by a party who asks a credit to the person from whom he expects it, to call on some… more

REFERENCE

practice. The act of sending any matter by a court of chancery or one exercising equitable powers, to a master or other officer, in order that… more

RE-EXCHANGE

contracts, commerce. The expense incurred by a bill s being dishonored in a foreign country where it is made payable, and returned to that country in… more

REDDENDO SINGULA SINGULIS

construction. By rendering each his own; for example, when two descriptions of property are given together in one mass, both the next of kin and the… more

REDDENDUM

contracts. A word used substantively, and is that clause in a deed by which the grantor reserves something new to himself out of that which he… more

REDEMPTION

contracts. The act of taking back by the seller from the buyer a thing which had been sold subject to th right of repurchase. … more

REDEMPTIONES

Heavy fines, contradistinguished from misericordia. (q. v.) … more

REDHIBITION

civil law, and in Louisiana. The avoidance of a sale on account of some vice or defect in the thing sold, which renders it absolutely useless,… more

REDIDIT SE

Eng. practice. He surrendered himself. This is endorsed on the bail piece when a certificate has been made by the proper officer that the defendant is… more

REDITUS ALBI

A rent payable in money; sometimes called white rent or, blanche farm. Vide Alba firma. … more

REDITUS NIGRI

A rent payable in grain, work, and the like; It was also called black mail. This name was given to it to distinguish it from reditus… more

RE-DRAFT

comm. law. A bill of exchange drawn at the place where another bill was made payable, and where it was protested, upon the place where the… more

REDRESS

The act of receiving satisfaction for an injury sustained. For the mode of obtaining redress, vide Remedies 1 Chit. Pr. Annal. Table. … more

REDUBBERS

crim law. Those who bought stolen cloth, and dyed it of another color to prevent its being identified, were anciently so called. 3 Inst. 134. … more

REDUNDANCY

Matter introduced in an answer, or pleading, which is foreign to the bill or articles. 2. In the case of Dysart v. Dysart,… more

RE-ENTRY

estates. The resuming or retaking possession of land which the-party lately had. 2. Ground rent deeds and leases frequently contain a clause authorizing the… more

REEVE

The name of an ancient English officer of justice, inferior in rank to an alderman. 2. He was a ministerial officer, appointed… more

RE-EXAMINATION

A second examination of a thing. A witness maybe reexamined, in a trial at law, in the discretion of the court, and this is seldom refused…. more

RECUSATION

civ. law. A plea or exception by which the defendant requires that the judge having jurisdiction of the cause, should abstain from deciding upon the ground… more

RECUSANTS, or POPISH RECUSANTS

Engl. law. Persons who refuse to make the declarations against popery, and such as promote, encourage, or profess the popish religion. 2. These are… more

RECREANT

A Coward; a poltroon. 3 Bl. Com. 340. … more

RECUPERATORES

Roman civil law. A species of judges originally established, it is supposed, to decide controversies between Roman citizens and strangers, concerning the right to the possession… more

RECTO

Right. (q.v.) Brevederecto, writ of right. (q. v.) … more

RECTOR

Eccl. law. One who rules or governs a name given to certain officers of the Roman church. Dict. Canonique, h. v. … more

RECTORY

Engl. law. Corporeal real property, consisting of a church, glebe lands and tithes. 1 Chit. Pr. 163. … more

RECTUS IN CURIA

Right in court. One who stands at the bar, and no one objects any offence, or prefers any charge against him. 2. When… more

RECRUIT

A newly made soldier. … more

RECRIMINATION

crim. law. An accusation made by a person accused against his accuser, either of having committed the same offence, or another. 2. In general… more

RECOVERY

A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. 3 Murph. 169…. more

RECORD OF NISI PRIUS

Eng. law. A transcript from the issue roll; it contains a copy of the pleadings and issue. Steph. Pl. 105. … more

RECORDARI FACIAS LOQUELAM

English practice. A writ commanding the sheriff, that he cause the plaint to be recorded which is in his county, without writ, between the parties there… more

RECORDATUR

An order or allowance that the verdict returned on the nisi prius roll, be recorded. Bac. Ab. Arbitr. &c., D. … more

RECORDER

1. A judicial officer of some cities, possessing generally the powers and authority of a judge. 3 Yeates R. 300; 4 Dall. Rep. 299; but… more

TO RECOUPE

This word is derived from the French recouper, to cut again. In law it signifies the right and the act of making a set-off, defalcation, or… more

RECOVERER

The demandant in a common recovery, after judgment has been given in his favor, assumes the name of recoverer. … more

TO RECORD

the act of making a record. 2. Sometimes questions arise as to when the act of recording is complete, as in the following… more

RECORD

evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said,… more

RECONCILIATION

contracts. The act of bringing persons to agree together, who before, had had some difference. 2. A renewal of cohabitation between hushand and… more

RECONDUCTION

civ. law. A renewing of a former lease; relocation. (q. v.) Dig. 19, 2, 13, 11; Code Nap. art. 1737-1740. … more

RECONVENTION

civ. law. An action brought by a party who is defendant against the plaintiff before the same judge. Reconventio est petitio qua reus vicissim, quid ab… more

RECOMMENDATION

The giving to a person a favorable character of another. 2. When the party giving the character has acted in good faith, he… more

RECOMPENSATION

Scolch law. When a party sues for a debt, and the defendant pleads compensation, or set-off, the plaintiff may allege a compensation on his part, and… more

RECOMPENSE

A reward for services; remuneration for goods or other property. 2. In maritime law there is a distinction between recompense and restitution. (q. v.)… more

RECOMPENSE OP RECOVERY IN VALUE

This phrase, is applied to the matter recovered in a common recovery, after the vouchee has disappeared, and judgment is given for the demandant. 2 Bouv…. more

RECOGNISOR

contracts. He who enters into a recognizance. … more

RECOLEMENT

French law. The reading and reexamination by a witness of a de-position, and his persistance in the saine, or his making such alteration, as his better… more

RECOGNITORS

Eng. law. The name by which the jurors impanneled on an assize are known. Barnet v. Ihrie, 17 S. & R. 174. … more

RECOGNIZANCE

contracts. An obligation of record entered into before a court or officer duly authorized for that purpose, with a condition to do some act required by… more

RECOGNITION

contracts. An acknowledgment that something which has been done by one man in the name of another, was done by authority of the latter. … more

RECLAIM

To demand again, to insist upon a right; as, when a defendant for a consideration received from the plaintiff, has covenanted to do an act, and… more

RECIPROCITY

Mutuality; state, quality or character of that which is reciprocal. 2. The states of the Union are bound to many acts of… more

RECITAL

contracts, pleading. The repetition of some former writing, or the statement of something which has been done. Touchst. 76. 2. Recitals are used… more

RECIPROCAL CONTRACT

civil law. One in which the parties enter into mutual engagements. 2. They are divided into perfect and imperfect. When they are perfectly reciprocal,… more

RECIDIVE

French law. The state of an individual who commits a crime or misdemeanor, after having once been condemned for a crime or misdemeanor; a relapse. … more

RECESSION

A re-grant: the act of returning the title of a country to a go- vernment which formerly held it, by one which has it at… more

RECEIVER OF STOLEN GOODS

crim. law. By statutory provision the receiver of stolen goods knowing them to have been stolen may be punished as the principal in perhaps all the… more

TO RECEIVE

Voluntarily to take from another what is offered. 2. A landlord, for example, could not be said to receive the key from his tenant,… more

RECEIVER

chancery practice. A person appointed by a court possessing chan- cery jurisdiction to receive the rents and profits of land, or the profits or produce of… more

RECEIPTOR

In Massachusetts this name is given to the person who, on a trustee process being issued and goods attached, becomes surety to the sheriff to have… more

RECEPTUS

civil law. The name sometimes given to an arbitrator, because he had been received or chosen to settle the differences between the parties. Dig. 4, 8… more

RECEIPT

contracts. A receipt is an acknowledgment in writing that the party giving the same has received from the person therein named, the money or other thing… more

RECAPTION

remedies. The act of a person who has been deprived of the cus-tody of another to which he is legally entitled, by which he regains the… more

RECAPTURE

war. By this term is understood the recovery from the enemy, by a friendly force, of a prize by him captured. It differs from rescue. (q…. more

TO RECALL

international law. To deprive a minister of his functions; to supersede him. … more

TO RECALL A JUDGMENT

To reverse a judgment on a matter, of fact; the judgment is then said to be recalled or revoked, and when it is reversed for an… more

REBELLION, COMMISSION OF

A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear. Vide Commission of Rebellion. … more

REBOUTER

To repel or bar. The action of the heir by the warranty of his ancestor, is called to rebut or repel. 2 Tho. Co. Litt…. more

TO REBUT

To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evidence which proves the death; and this presumption… more

REBUTTER

pleadings. The name of the defendant s answer to the plaintiff s surrejoinder. It is governed by the same rules as the rejoinder. (q. v.) 6… more

REBUTTING EVIDENCE

That which is given by a party in the cause to explain, repel, counteract or disprove facts given in evidence on the other side. The term… more

REBEL

A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either… more

REBELLION

crim. law. The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance… more

REASON

By reason is usually understood that power by which we distinguish truth from falsehood, and right from wrong; and by which we are enabled to combine… more

REASSURANCE

When an insurer is desirous of lessening his liability, he may procure some other insurer to insure him from loss, for the insurance he has made… more

REBATE

mer. law. Discount; the abatement of inferest in consequence of prompt payment. Merch. Dict. h. t. … more

REASONABLE TIME

The English law, which in this respect, has been adopted by us, frequently requires things to be done within a reasonable time; but what a reasonable… more

REASONABLE

Conformable or agreeable to reason; just; rational. 2. An award must be reasonable, for if it be of things nugatory in themselves, and… more

REASONABLE ACT

This term signifies such an act as the law requires. When an act is unnecessary, a party will not be required to perform it as a… more

REALITY OF LAWS

Those laws which govern property, whether real or personal, or things; the term is used in persona opposition to personality of laws. (q. v.) Story, Confl…. more

REALM

A kingdom; a country. 1 Taunt. 270; 4 Campb. 289; Rose, R. 387. … more

REALTY

An abstract of real, as distinguished from personalty. Realty relates to lands and tenements, rents or other hereditaments. Vide Real Property. … more

REAL PROPERTY

That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make… more

REAL CONTRACT

com. law. By this term are understood contracts in respect to real property. 3 Rawle, 225. 2. In the civil law real contracts… more

REAL ACTIONS

Those which concern the realty only, being such by which the demandant claims title to have any lands or tenements, rents, or other hereditaments, in fee… more

REAL

A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2… more

READING

The act of making known the contents of a writing or of a printed document. 2. In order to enable a party to… more

RAVISHED

pleadings. In indictments for rape, this technical word must be introduced, for no other word, nor any circumlocution, will answer the purpose. The defendant should be… more

RAVISHMENT

crim. law. This word has several meanings. 1. It is an unlawful taking of a woman, or an heir in ward. 2. It is sometimes… more

RAVISHMENT OF WARD

Eng. law. The marriage of an infant ward, without the consent of the guardian, is called a ravishment of ward, and punishable by statute. Westminster 2,… more

RATIHABITION

contracts. Confirmation; approbation of a contract; ratification. Vin. Ab. h. t.; Assent. (q. v.) … more

RATIONALIBUS DIVISIS, WRIT DE

The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the… more

RATIFICATION

contracts. An agreement to adopt an act performed by another for us. 2. Ratifications are either empress or implied. The former are made… more

RATIFICATION OF TREATIES

The constitution of the United States, art. 2, s. 2, declares that the president shall have power, by and with the advice and consent of the… more

RATE

A public valuation or assessment of every man s estate; or the ascertaining how much tax every one shall pay. Vide Pow. Mortg. Index, h. t.;… more

RATE OF EXCHANGE

Among merchants, by rate of exchange is understood the price at which a bill drawn in one country upon another, may be sold in the former…. more

RASURE

The scratching or scraping a writing, so as to prevent some part of it from being read. The word writing here is intended to include printing…. more

RASCATL

An opprobrious term, applied to persons of bad character. The law does not presume that a damage has arisen because the defendant has been called a… more

RAPPORT A SUCCESSION

A French term used in Louisiana, which is somewhat similar in its meaning to our homely term hotch-pot. It is the reunion to the mass of… more

RAPINE

crim. law. This is almost indistinguishable from robbery. (q. v.) It is the felonious taking of another man s personal property, openly and by violence, against… more

RAPE

division of a country. In the English law, this is a district similar to that of a hundred; but oftentimes containing in it more hundreds than… more

RANK

The order or place in which certain officers are placed in the army and navy, in relation to others, is called their rank. … more

RANKING

In Scotland this term is used to signify the order in which the debts of a bankrupt ought to be paid. … more

RANSOM

contracts, war. An agreement made between the commander of a capturing vessel with the commander of a vanquished vessel, at sea, by which the former permits… more

RAPE

crim. law. The carnal knowledge of a woman by a man forcibly and unlawfully against her will. In order to ascertain precisely the nature of this… more

RANGE

This word is used in the land laws of the United States to designate the order of the location of such lands, and in patents… more

RAIN WATER

The water which naturally falls from the clouds. 2. No one has a right to build his house so as to cause… more

RADOUB

French law. This word designates the repairs made to a ship, and a fresh supply of furniture and victuals, munitions and other provisions required for the… more

RAILWAY

A road made with iron rails or other suitable materials. 2. Railways are to be constructed and used as directed by the legislative acts… more

RACK

punishments. An engine with which to torture a supposed criminal, in order to extort a confession of his supposed crime, and the names of his supposed… more

BACK RENT

Engl. law. The full extended value of land let by lease, payable by tenant for life or Years. Wood s Inst. 192. … more

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Q-Advocates Dictionary

QUOTATION

practice. The allegation of some authority or case, or passage of some law, in support of a position which it is desired to establish. 2. Quotations… more

QUOTA

That part which each one is to bear of some expense, as, his quota of this debt, that is, his proportion of such debt…. more

QUOT

Scotch law. The twentieth part of the movables, computed without computation of debts, was so called. 2. Formerly the bishop was entitled, in all confirmations, to… more

QUOD RECUPERET

That he recover. The form of a judgment that the plaintiff do recover. See Judgment quod recuperet…. more

QUORUM

Used substantively, quorum signifies the number of persons belonging to a legislative assembly, a corporation, society, or other body, required to transact business, there… more

QUOD PERMITTAT PROSTERNERE

Engl. law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance… more

QUOD PROSTRAVIT

The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance…. more

QUOD PERMITTAT

Engl. law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture,… more

QUOD EI DEFORCEAT

Engl. law. The name of a writ given by Stat. Westmin. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as… more

QUO WARRANTO

remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any… more

QUOAD HOC

As to this, with respect to this. A term frequently used to signify, as to the thing named, the law is so and so…. more

QUOD COMPUTET

The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors bills… more

QUOD CUM

and not by way of recital. “,For that,”, is a positive allegation, “,for that whereas,”, in Latin “,quod cum,”, is a recital 2. Matter of inducement… more

QUO MlNUS

The name of a writ. In England, when the kings debtor is sued in the court of the exchequer, he may sue out a… more

QUO ANIMO

The intent, the mind with which a thing has been done, as, the quo animo with which the words were spoken may be shown… more

JURE, WRIT OF

Engl. law. The name of a writ commanding the defendant to show by what right he demands common of pasture in the land of the… more

QUIT RENT

A rent paid by the tenant of the freehold, by which he goes quit and free, that is, discharged from any other rent. 2… more

QUIT CLAIM

contracts. A release or acquittal of a man from all claims which the releasor has against him…. more

QUIT CLAIM

conveyancing. By the laws of Connecticut, it is the common practice there for the owner of land to execute a quit claim deed to a… more

QUID PRO QUO

This phrase signifies verbatim, what for what. It is applied to the consideration of a contract. See Co. Litt. 47, b, 7 Mann. &,… more

QUIDAM

French law. Some, one, somebody. This Latin word is used to express an unknown person, or one who cannot be named. 2. A quidam is usually… more

QUIET ENJOYMENT

In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased, this is called a… more

QUIETUS

Eng. law. A discharge, an acquittance. 2. It is an instrument by the clerk of the pipe, and auditors in the exchequer, as proof of their acquittance… more

QUlNTAL

A weight of one hundred pounds… more

QUlNTO EXACTUS

Eng. law. The fifth call or last requisition of a defendant sued to outlawry…. more

QUICK WITH CHILD, or QUICKENING

med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with… more

QUIBBLE

A slight difficulty raised without necessity or propriety, a cavil. 2. No justly eminent member of the bar will resort to a quibble in his argument…. more

QUIA TIMET

a anticipantia, writs of prevention.”, Co. Litt. 100 and see 7 Bro. P. C. 12 5. 2. These writs are generally obsolete. In chancery, when it… more

QUIA

pleadings. Because. This word is considered a term of affirmation. It is sufficiently direct and positive for introducing a material averment. 1 Saund. 117, n…. more

QUIA EMPTORES

A name sometimes given to the English Statute of Westminster, 3, 13 Edw. I., c. 1, from its initial words. 2 Bl. Com. 91…. more

QUI TAM

remedies. Who as well. When a statute imposes a penalty, for the doing or not doing an act, and gives that penalty in part to… more

QUESTOR or QUAESTOR

civil law. A name which was given to two distinct classes of Roman officers. One of which was called quaestores classici, and the other quaestores… more

QUESTION

practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury. 2. When the doubt… more

QUESTION

evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. 2. Questions are either… more

QUASI PURCHASE

This term is used in the civil law to denote that a thing is to be considered as purchased from the presumed consent of… more

QUASI TRADITION

civil law. A term used to designate that a person is in the use of the property of another, which the latter suffers and does… more

QUATUORVIRI

Among the Romans these were magistrates who had the care and inspection of roads. Dig. 1, 2, 3, 30…. more

QUAY

estates. A wharf at which to load or land goods, sometimes spelled key. 2. In its enlarged sense the word quay, means the whole space between… more

QUE EST MESME

Which is the same. Vide Quce est eadem…. more

QUE ESTATE

These words literally translated signify quem statum, or which estate. At common law, it is a plea by which a man prescribes in himself… more

QUEAN

A worthless woman a strumpet. The meaning of this word, which is now seldom used, is said not to be well ascertained. 2 Roll…. more

QUEEN

There are several kinds of queens in some countries. 1. Queen regnant, is a woman who possesses in her own right the executive power… more

QUERELA

An action preferred in any court of justice, in which the plaintiff was called querens or complainant, and his brief, complaint, or declaration, was… more

QUESTION

punishment, crm. law. A means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to… more

QUASI POSTHUMOUS CHILD

civil law. One who, born during the life of his grand father, or other male ascendant, was not his heir at the time he made… more

QUASI PARTNERS

Partners of lands, goods, or chattels, who are not actual partners, are sometimes so called. Poth. De Societe, App. n. 184. Vide Part owners…. more

QUASI DELICT

civil law. An act whereby a person, without malice, but by fault, negligence or imprudence not legally excusable, causes injury to another. 2. A quasi delict… more

QUASI OFFENCES

ich they are employed, teachers and artisans, for the damage caused by their scholars and apprentices, while under their superintendence. In the above cases responsibility… more

QUASI CORPORATIONS

This term is applied to such bodies or municipal socie-ties, which, though not vested with the general powers of corporations, are yet recognized by… more

QUASI

A Latin word in frequent use in the civil law signifying as if, almost. It marks the resemblance, and supposes a little difference between… more

QUASI-AFINITY

A term used in the civil law to designate the affinity which exists between two persons, one of whom has been betrothed to the… more

QUASI-CONTRACTUS

on has the management of a common property owned by himself and others, not as partners, he is bound to account for the profits, and… more

TO QUASH

practice. To overthrow or annul. 2. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example,… more

QUARTER EAGLE

money. A gold coin of the United States of the value of two dollars and a half. 2. It weighs sixty-four and one-half grains. Of one… more

QUARTER SEAL

The seal kept by the director of the chancery in Scotland is so called. It is in the shape and impression of the fourth… more

QUARTER SESSIONS.

A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months. 2. The… more

QUARTER YEAR

In the computation of time, a quarter year consists of ninety-one days. Co. Litt. 135 b, 2 Roll. Ab. 521, l. 40, Rev. Stat…. more

QUARTERING OF SOLDIERS

The constitution of the United States, Amendm. art. 3, provides that “,no soldier shall in time of peace be quartered, in any house, without… more

QUARTEROON

One who has had one of his grand parents of the black or African race…. more

QUARTO DIE POST

The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given ex gracia curiae…. more

QUARE

pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it… more

QUARE CLAUSUM FREGIT

Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly… more

QUARE EJECIT INFRA TERMINUM

Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm… more

QUARE IMPEDIT

Eng. eccl. law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by… more

QUARE OBSTRUXIT

The name of a writ formerly used in favor of one who having a right to pass through his neighbors grounds, was prevented enjoying… more

QUARREL

A dispute, a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he… more

QUARRY

A place whence stones are dug for the purpose of being employed in building, making roads, and the like. 2. When a farm is let… more

QUART

measures. A quart is a liquid measure containing one-fourth part of a gallon…. more

QUARTER

A measure of length, equal to four inches. Vide Measure…. more

To QUARTER

A barbarous punishment formerly inflicted on criminals by tearing them to pieces by means of four horses, one attached to each limb…. more

QUARTER DAY

One of the four days of the year on which rent payable quarterly becomes due…. more

QUARTER DOLLAR

money. A silver coin of the United States of the value of twenty-five cents. 2. It weighs one hundred and threee and one-eighth grains. Of one… more

QUARANTINE

commerce, crim. law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from… more

QUARANTINE

inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushands principal mansion, immediately after his… more

QUANTUM MERUIT

pleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the… more

QUANTUM VALEBAT

pleading. As much as it was worth. When goods are sold, without specifying any price, the law implies a promise from the buyer to the… more

QUANTITY,

pleading. That which is susceptible of measure. 2. It is a general rule that, when the declaration alleges an injury to goods and chattels, or any… more

QUANTUM DAMNIFICATUS

equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a… more

QUANTI MINORIS

The name of a particular action in Louisiana. An action quanti minoris is one brought for the reduction of the price of a thing… more

QUAMDIU SE BENE GESSERIT

As long as he shall behave himself well. A clause inserted in commissions, when such instruments were written in Latin, to signify the tenure… more

QUANDO ACCIDERENT

pleading, practice. When they may happen. When a de-fendant, executor, or administrator pleads plene administravit, the plaintiff may pray to have judgment of assets quando… more

QUAESTOR

The name of a magistrate of ancient Rome…. more

QUAKERS

A sect of Christians. 2. Formerly they were much persecuted on account of their peaceable principles which forbade them to bear arms, and they were… more

QUALIFICATION

Having the requisite qualities for a thing, as, to be president of the United States, the candidate must possess certain qualifications. See President of… more

QUALIFIED

This term is frequently used in law. A man hag a qualified property in animals ferae naturae, while they remain in his power, but,… more

QUALIFIED FEE

estates. One which has a qualification subjoined to it, and which must be determined whenever the qualification annexed to it is at an end. A… more

QUALIFIED INDORSEMENT

A transfer of a bill of exchange or promissory note to an indorsee, without any liability to the indorser, the words usually employed for… more

QUALITY

persons. The state or condition of a person. 2. Two contrary qualities cannot be in the same person at the same time. Dig. 41, 10, 4. 3…. more

QUALITY

pleading. That which distinguishes one thing from another of the same kind. 2. It is in general necessary, when the declaration alleges an injury to the… more

QUAESTIO

Rom. civ. law. A sort of commission (ad quaerendum) to inquire into some criminal matter given to a magistrate or citizen, who was called quaesitor… more

QUAERE

practice. A word frequently used to denote that an inquiry ought to be made of a doubtful thing. 2 Lill. Ab. 406…. more

QUAERENS NON INVENIT PLEGIUM,

practice. The plaintiff has not found pledge. The return made by the sheriff to a writ directed to him with this clause, namely, si… more

QUADRIPARTITE

Having four parts, or divided into four parts, as, this indenture quadripartite made between A B, of the one part, C D, of the… more

QUADROON.

A person who is descended from a white person, and another person who has an equal mixture of the European and African blood. 2 Bailey,… more

QUADRUPLICATION

pleading. Formerly this word was used instead of surrebutter. 1 Bro. Civ. Law, 469, n…. more

QUAE EST EADEM,

pleading. Which is the same. 2. When the defendant in trespass justifies, that the trespass justified in the plea is the same as that complained… more

QUADRANS

civil law. The fourth part of the whole. Hence the heir exquad rante, that is to say, the fourth-part of the whole…. more

QUADRANT

In angular measures, a quadrant is equal to ninety degrees. Vide Measure…. more

QUADRIENNIUM UTILE

Scotch law. The four years of a minor between his age of twenty-one and twenty-five years, are so called. 2. During this period he is permitted… more

QUACK

One, who, without sufficient knowledge, study or previous preparation, and without the diploma of some college or university, undertakes to practice medicine or surgery,… more

QUOUSQUE

A Latin adverb, which signifies how long, how far, until. 2. In old conveyances it is used as a word of limitation. 10 Co. 41.3…. more

QUOTATION

rights. The transcript of a part of a book or writing from a book or paper into another. 2. If the quotation is fair, aud not… more

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