Difference Between Transfer & Assignment

These two actions are usually used together in respect of the same objects, like:

"X will transfer and assign all assets and liabilities under..."

Though 'transfer' is a common word for passing anything from one to the another, it is legally used for liabilities (debts, outstanding amounts, obligations, fines etc.) only, while the term assignment is used for assets (properties, receivables, interest, titles, benefits etc.) only in the mentioned context.

Therefore, where an agreement says one will transfer and assign the assets and liabilities, it actually means that the assets will be assigned and the liabilities will be transferred, respectively. This is the accurate conveyance.

Murder vs Homicide

What Is The Difference Between Law And Act

Attorney-Lawyer Difference

What Is The Difference Between Agreement And Contract

Landlord-Tenant vs Lessor-Lessee

In lease agreements, the difference between landlord and lessor is confusing.

Often, the parties are called landlord and tenant.

However, the terms lessor and lessee as preferred in some agreements.

Tenant

First of all, the term tenant doesn't necessarily refer to a lease. Anyone who pays rent for a car may also be referred to as tenant. In this context, every lessee is a tenant, but not every tenant is a lessee.

The term tenant may also refer to the occupier, who does not pay and/or is not obliged to pay the lease.

Lessee

Lessee (also: leaseholder) is the person that occupies an immovable property and pay lease for it. Unlike renter, it solely refers to lease agreements.

Landlord

A landlord is the owner of the immovable property, irrespective of being party to the lease agreement.

The lease agreement regarding the property may be between the lessee and a third party, while landlord, as the owner of the property, is not involved in the lease agreement. In most civil laws, a lease agreement excluding the landlord is recognized though it is binding over its parties only.

Lessor

Lessor is the party to the lease agreement, who makes the property available to the lessee; irrespective of owning the property.

In practice, the landlord and the lessee are often the same person, but they are separated as described above in terms of law, because most civil laws allow lease agreements between a lessee and a lessor, who doesn't own the property.

Note that any infringement that may be caused by such an agreement will be between the landlord and the lessor, because the real property of the landlord is absolute, while the lease agreement is exclusively between its parties.

Murder vs Homicide

What Is The Difference Between Law And Act

Attorney-Lawyer Difference

What Is The Difference Between Agreement And Contract

Legal Dictionary For Law Students

STUDENTS' LAW GLOSSARY

LAW LIBRARY
DC 12 G773g
r
a
GLOSSARY OF TECHNICAL WORDS, PHRASES, MAXIMS, AND ABBREVIATIONS FOUND IN THE TEXT OF THE POPULAR OR STUDENTS' EDITION
OF
The Cyclopedia of Law and Procedure
By ROBERT GRATTAN
Of the New York Bar, author Of "Continuances," "Damages," etc.
4MJ2
C
NEW YORK THE AMERICAN LAW BOOK COMPANY
1900
Copyright, 1909 By The American Law Book Company
PREFACE
In the Students' Laic Glossary here submitted the author has collected and defined such words and phrases as occur in tatter-day legal literature, and has arranged them for the convenience of the student and the lawyer. No attempt has been made to exhaust the field of legal dictionaries, glossaries, and Latin lexicons. Only the unusual and, more particularly, the foreign words and phrases found in the text of the Cyclopedia of Law and Procedure are here presented in concise form. The text of this publication has been examined page by page and line by line, and to the material so obtained has been added such other words and phrases as a complete system of cross-referencing necessitated. In the preparation of this work the author is indebted to tlie leading English dictionaries, to the excellent law dictionaries of Anderson, Black, and Bouvier, and to the law glossary of Tayler. It is hoped that this little book may prove a pocket friend of the student, and a desk companion to the lawyer, especially in connection with the reading of the Popular Edition of the Cyclopedia of Law and Procedure.
In addition to the glossary feature there has also been inserted in this volume a complete list of the names and abbreviations of the American, English, Irish, Scotch, Australian, Canadian, and New Found-land reports, which cannot fail to be of great assistance to students who are more, or less unfamiliar with the names of the reports and their abbreviations. This list was compiled and arranged by Mr. Frank G. Neubauer.
ROBERT GRATTAN
STUDENTS' LAW GLOSSARY
STUDENTS' LAW GLOSSARY
ABEYANCE. See In Abeyance,
AB INCONVENIENT!. From the inconvenience involved; on account of the inconvenience. An argument founded upon the hardship of the case and the inconvenience or disastrous consequences to which a different course of reasoning would lead.
AB INITIO. From the beginning; from the first act; in the inception. Trespasser ab initio [a, a trespasser from the beginning.
ABSENTIA. Absence. See Dubante Absentia.
ABSQUE DAMNO. See Injuria Absque Damno.
ABSQUE HOC. Without this.
Technical words of denial used in common-law pleading; specifically used in traversing what has been alleged and is repeated. Words used to introduce the negative part of a plea, following the affirmative part or inducement. See Tbavebse.
ABSQUE INJURIA. Without wrong. See Damnum Absque Injubia. ¦
ACCIDENS. Accident.
ACCRESCENDI. Of survivorship.
ACCRETION. An increase of soil gradually da-posited by watercourses; an alluvial (see Alluvion) deposit formed from natural causes on the banks of rivers and streams. See Avulsion ; Riparian Riohts.
A COELO USQUE AD CENTRUM. From the heavens to the earth's center.
7
8
Used In describing ownership of the highest estate in land. See Feb Simple. ACQUIT. See Autbefois Acquit. ACTA. Done; things done. See Inter Alios Acta. ACTIO. An action; a right of action; a cause of action; a right of procedure in a court of law. Includes both the proceeding to enforce a right and the right itself. ACTIONEM. See Actionem Nonj Cognovit Ao-
ACTIONEM NOH. The emphatic words anciently used at the commencement of a special plea in bar, defendant first alleging generally that plaintiff " ought not to have or maintain his action." The Latin name of that part of a special plea which follows next after the stats-ment of appearance and defense and declares that the plaintiff " ought not to have or maintain his aforesaid action," etc. Sometimes abbreviated " actio non."
ACTIO NOH. See Actionem Now.
ACTIO PERSONALIS MORITUK CUM PERSONA. A maxim meaning "A personal right of action dies with the person."
ACT OF GOD. Any accident, due directly and exclusively to natural causes without human intervention, which by.no amount of reasonable foresight could have been prevented. See 1 Cyc. 758. See also Vis Major.
ACTUS CURLffi HEMINEM GRAVABIT. A maxim meaning "An act of the court shall prejudice no man," or " Where a delay in an action is the act of the court, neither party shall suffer for it."
ACTUS DEI HEMINI FACIT INJURIAM. A maxim meaning "The act of God injures no one." See Act of Gon; Vis Ma job.
ACTUS LEGIS NEMINI FACIT INJURIAM. A
maxim meaning "An act of the law injures no
9
ACTUS NON FECIT RE I'M, NISI MENS SIT RE A.
A maxim meaning " The act itself does not make a man guilty unless his intentions were so;" or " The intent and the act must both concur to constitute the crime." AD. At; to.
AD COLLIGENDUM. To collect. See Ad Colligendum Bona Defuncti.
AD COLLIGENDUM BONA DEFUNCTI. To collect the goods of the deceased-Special letters of administration granted to one or more persons, authorizing them to collect and preserve the goods of the deceased. These are otherwise termed " letters ad colligendum " and the party to whom they are granted " a collector."'
Sometimes abbreviated "ad colligendum." AD DAMNUM. To the damage; to the loss.
The technical name of that clause of the writ or declaration, which contains a statement of the plain tiff's money loss or the damages which he claims.
ADDENDUM. Something added or to be added; an appendix; addition.
AD FILUM AOUiE. To the thread of the stream; to the center line of the stream; to the middle of the watercourse. See Thread of the Stream.
AD FORINSECUS EXAM IN. For foreign or extraordinary examination.
AD HOC. See Curator Ad Hoc,
AD IDEM. To the same point; to the same effect. AD INFINITUM. To an infinite extent; without
limit; indefinitely. AD INTERIM. In the meantime; for the present. AD JUDICATA. Adjudged; already decided. See
AD LIBITUM. At pleasure; to the extent of one's wishes; at will; as much as one pleases.
10
AD LITEM. For the suit; for the purposes of the
Usually found in connection with word guardian. See Guabdiab ad Litem. ADMIN I.STRAY IT. Has administered. AD OSTIUM ECCLESLS. At the church door.
A species of dower recognised by the common law in which the husband endowed his wife at marriage with the whole or a certain specified quantity of his land, and upon which she entered at his death without further ceremony. See 14 Cyc. 881. AD QUOD DAMNUM. To what damage.
A writ ordering the sheriff to inquire what damage will result from the grant by the crown of certain liberties, aa a fair or market, a highway, etc.; a writ by which the owner of land over which a highway passes may obtain lean to divert it. It was also used to inquire of lands given to a religious house. AD VALOREM. According to value.
In commerce, ad valorem duty is laid in the form of a percentage on the value of the goods at the original place of shipment as sworn to by the owner and verified by the custom appraisers. Ad valorem tax simply means a tax or duty upon the value of the article or thing subject to taxation.
In law, the term has been applied to the fees for drawing certain deeds or other work chargeable according to the value of the property involved.
M QUIT ATE, See De ^Eqcitate. AFFECTIO. Affection; sentiment. AFFREIGHTMENT. The contract for the use of
A contract of affreightment Is one by which a shipowner hires the whole or a part of his vessel for the carriage of goods. It usually takes the form of a bill of lading or a charter party. See Bill or Lading ; Chabteb Pabty.
11
A FORTIORI. By a stronger reason; with a stronger reason. An argumentative term by which a statement of ¦ fact is announced as true through analogy to one already proved. AGGREGATIO MENTIUM. The meeting of the minds; the moment when a contract is complete; collection of purposes; collected inten-
AGISTER or AGISTOR. One who takes horses,
cattle, or other animals to be pastured for a
consideration. An officer of the royal forests of England, having
the care of certain cattle, and of collecting the
money for the same. ALIA. Other things; other matters. See Inter
Alia.
ALIBI. Elsewhere; in another place; the fact or state of having been elsewhere at the time specified.
Defense frequently used in criminal law, where defendant, in order to prove that he could not have committed the .crime, produces evidence that at the time of commission he was" in another place.
ALIEN. A foreigner; a person bom in a foreign country; an unnaturalized resident.
ALIENANDO. See De Nos Altekando.
ALIENATION. The conveyance of property; the transfer of title to property; the act by which title to real estate is transferred between living persons.
In medical jurisprudence, a generic term denoting the several kinds of mental disorders.
ALIENDO. See Ts Aliendo Solo.
ALIO INTUITU. In a different view; under n different aspect; with another view or objeet; with another intent than that alleged.
ALIOS. See Isteb Alios.
14
ANTE. Before, in place or time; hereinbefore-See Ante Bellum; Ante Litem Mot am ; Antenuptial; Antenuptial Contract; Antenuptial Settlement. Occurring in a report or text-book the term is used to refer the reader to a previous part of the book. Used in contradistinction to "post."
ANTE BELLUH. Before the war. See In Statu Quo.
ANTE LITEM MOTAM. Before suit brought; before controversy instituted.
ANTENUPTIAL. Before marriage; occurring, existing, or done before marriage; coming before marriage; preceding marriage; before marriage with a view to entering into marriage. See Antenuptial Contract; Antenuptial Settlement.
ANTENUPTIAL CONTRACT. A contract entered Into before marriage. A term sometimes applied to contracts of a woman before her marriage; more generally applied to contracts entered into by a man and a woman in contemplation of their future marriage and in such case is called a marriage contract. ANTENUPTIAL SETTLEMENT. A conveyance or settlement of property made by one of two persons in contemplation of their marriage; usually a settlement of property upon the future wife, or upon her and her children. A POSSE AD ESSE. From possibility to reality. A PRENDRE. To take; to seize. Usually connected with the word " profit," in which case it means "a right to take something out of the soil of another;" or a right
A PRIORI. From the former reason; by the prior
reason; by analogy. An argumentative term founded upon analogy
used in proceeding from cause to effect. AQUA. Water. See Ad Filum Aqvx.
A QUO. From whom; from which. Used in connection with a court or judge thereof, as expressing the place from which or from whom the cause has been brought. Also used in connection with other words to express computation of time. See Terminus a Quo; terminus ad Quem.
ARBITRIUM. Arbitration.
ARC See Arguendo.
ARGUENDO. In arguing; in the course of argument; a statement or observation made by a judge as a matter of argument or illustration, but not directly bearing upon the case at bar, or only incidentally involved in it. Sometimes abbreviated "arg."
ARS. Art; science; trade or business.
A SOCIIS. By its associates or companions.
ASPORTATIS. See De Bonis Aspohtatis,
ASSEHSU. See Ex Assensu Patbis.
ASSIGNAVIT. He assigned.
ASSUMPSIT. He undertook; he agreed; he promised. An understanding, either express or implied, to perform an oral or writien agreement. See 4 Cyc. 319. See also Assumpsit, Action of; Indebitatus Assumpsit; Non Assumpsit.
ASSUMPSIT, ACTION OF. An action for the recovery of damages for the non-performance of an oral or simple written contract. See 4 Cyc. 320.
General assumpsit.—An action of assumpsit brought upon a contract or promise which the law implies. See 4 Cyc. 320. See also Indebitatus Assumpsit.
Special assumpsit.—An action of assumpsit brought upon an express contract or promise; the agreement, and the action therefor, which rest upon an express undertaking. See 4 Cyc. 320. ATTAINDER. Staining; corrupting; pollution of blood; extinguishment of inheritable quality of blood; the extinction of civil rights and capaci-
id
ties which takes place whenever a person who has committed treason or felony receives sentence of death for his crime. At common law, attainder resulted in three ways, viz: by confession; by verdict; and by process of outlawry. The first case was where the person pleaded guilty at the bar, or, having fled to sanctuary, confessed his guilt and abjured the realm to save his life. The second was where the person pleaded not guilty at the bar, and the jury found a verdict against him. The third was when the person accused made his escape and was outlawed. See Autrefois Attaint; CavnjTEB Mobtuus.
ATTAINT. See Autrefois Attaint.
AUTREFOIS ACQUIT. Formerly acquitted; previously discharged. A plea m bar to a criminal action, where the defendant sets up the fact that he has been once already indicted and tried for the same offense and lias been acquitted.
AUTREFOIS ATTAINT. Formerly attainted. A plea of former attainder in oar to an indictment, whether for the same or any other felony. See Attainder. The doctrine has no place in modern American jurisprudence; a person may now be tried for a capital felony, although he is at the time under sentence of life imprisonment for another offense.
AUTREFOIS CONVICT. Formerly or previously convicted.
A plea in bar to a criminal action in which the defendant sets up the fact that he has been formerly convicted of the identical crime. AUTRE VIE. Another's life.
Applied to one holding an interest in an estate during the life of another. See Pub autre Vie.
A VINCULO. From the bond or tie. See a Vinculo Matrimonii.
1J
A VINCULO MATRIMONII. From the bonds of marriage; from the tie of marriage. A phrase descriptive of absolute divorce in which there is a complete dissolution of the marriage relation. See A Mensa et Thoro. Sometimes abbreviated " a vinculo."
AVULSION. A sudden and considerable removal of soil from the land of one owner and its deposit upon or annexation to the land of another. See Accretion ; Alluvion ; Riparian Rights.
B
BAWDY HOUSE. A house of ill repute; a house of ill fame; a place resorted to for the purpose of illicit commerce; a place resorted to by lewd people. See 14 Cyc. 484. See Brothel.
BELLUH. War. See Ante Bellum; Jure Belli.
BENE ESSE. See De Bene Esse.
BENEFIT OF CLERGY. In its original sense the phrase denoted the exemption which was accorded to clergymen from the jurisdiction of the secular eourts, or from arrest or attachment or criminal process issuing from those court* in certain cases. Afterward, it meant a privilege of exemption from the punishment of death, accorded to such persons as were clerks, or could read. This privilege or exemption from capital punishment was anciently allowed to clergymen only, but afterward it was extended to all connected with the church, even to its most subordinate officers, and at a still later period was extended to all persons who could read (then called clerks) whether ecclesiastics or laymen. It does not appear to have been extended to cases of high treason, only to mere misdemeanors. The privilege was claimed after the person's conviction, by a species of motion in arrest of judgment, technically called " praying his clergy.'* As a means of testing his clerical character, he was given a psalm to read (usually, or always, the fifty-first) and, upon
ib
his reading it correctly, he was turned over to the ecclesiastical courts, to be tried by the bishop or a jury of twelve clerk* This privilege operated greatly to mitigate the extreme rigor of the criminal laws, but was found to involve such grosa abuses that parliament began to enact statutes providing that certain crimes should be felonies " without benefit of clergy," and finally by St. 7 Geo. IV, c. 28, 5 6, it was altogether abolished. In the United States by Act of Congress, April 30, 1790 (U. S. Rev. St. (1878) g 5329 [U. S. Comp. St. ( 1001 ) p. 3822)). it is provided that there should be no benefit of clergy for any capital crime against the United States, and, if this privilege formed a part of the common law of the several states before the revolution, it no longer exists.
BEQUEST. A gift of personal property made by will; a legacy.
BEYOND SEA. Out of the realm; out of the state; out of the United States. See ultra Mark.
BILLA VERA. A true bill. Indorsed upon the bill of indictment by a grand jury when they found it sufficiently sustained by the evidence to warrant the trial of the person therein accused.
BILL OF LADING. A signed instrument stating the contract of carriage of goods; a written acknowledgment of the contract of carriage of goods. See Affreightment ; Charter Party,
BONA. Good; goods. See Bona Fide; Bona Fide Purchaser; Bona Fides; Bona Notabilia; Bonus; Nulla Bona.
BONA FIDE. In good faith; in fair dealing; openly; above suspicion; above board. An act done bona fide in law is one done without fraud or without knowledge or notice of any deceit or impropriety. Often used ambiguously; thus the expression " a tona fide holder for value " may either mean a
19
holder for real value as opposed to a holder for pretended value, or it may mean a holder for real value without notice of fraud. Used in contradistinction to " mala fide." BONA FIDE PURCHASES. One who purchases property without actual or constructive notice that a third person has an interest therein; one who pays full price for property without notice of any adverse interest; one who relies on the good faith or apparent title of the seller. See Bona Fide.
BONA FIDES. Good faith; integrity of purpose; sincerity.
Used in contradistinction to " mala fides."
BONA NOTABILIA. Notable goods; goods of sufficient value to be worthy of notice and to be accounted for. Assets situated in a jurisdiction other than that in which owner died. Where a decedent leaves goods of sufficient amount (fiono notabitia) in different dioceses, administration is granted. by the metropolitan, to prevent the confusion arising from the appointment of many different administrators.
BONIS. See De Bonis Aspobtatis; De Bonis Non
ADMINISTRATIS; DE BONIS PBOPBIIS; DE BONIS
Testatobis.
BONORUM. See Cessio Bonobum.
BONOS. See Contra Bonos Mores.
BONUS. Good; a gratuity; a premium or advantage. See Dolus Bonus.
BOTTOMRY. A contract in the nature of a mortgage, by which the owner of a ship borrows money for the use, equipment or repair of the vessel for a definite term, and pledges the ship {or the keel or bottom of the ship) as security for repayment. In such cases maritime or extraordinary interest is charged on account of the risk to be borne by the lender, it usually being stipulated that if the ship be lost in the course of the voyage or during the time limited, by any of the perils enumerated in the
20
contract, the lender shall also lose his money. See Bottomry Bond ; Hypotheca ; Respondentia.
BOTTOMRY BOND. The instrument embodying the contract or agreement of bottomry. See Hypotheca; Respondentia. The true definition of a bottomry bond in the sense of the general maritime law and independent of the peculiar regulations of the codes of different commercial nations, is that it is a contract for a loan of money on the bottom of the ship at an extraordinary interest, upon maritime risks, to be borne by the lender for a particular voyage or for a definite period of time.
BROTHEL. The dwelling place of a concubine, a harlot, a prostitute or a whore; a house of ill fame; a bawdy house. See Bawdy House.
0
CAMERA. Chambers. See In Camera. CAMPUM PARTIRE. To divide the land. See 8
Cyc. 850.
CANON LAW. The law of the ecclesiastical church, which originated In the Church of Rome; the law over which the original church took, or claimed to take, spiritual jurisdiction. A body of ecclesiastical jurisprudence which obtains in those countries where the Roman Catholic church is established. It is composed of maxims and rules drawn from patristic sources, ordinances and decrees of general councils, and the decretals and bulls of the
This 'system of laws has retained its Importance
through adoption and forms tlie basis of many practices recognized In protestant countries.
CAPIAS. That you take.
A writ directing the taking of a person into custody. See Capias ad Respondendum! Capias ad Satisfaciendum ; Capias pro Fine.
21
CAPIAS AD RESPONDENDUM. A judicial writ whereby actions at law were sometimes commenced, in which the sheriff was directed to take the person of the defendant and have his body before the court on a certain day to answer a certain action there pending against
Sometimes abbreviated " ca. retp." CAPIAS AD SATISFACIENDUM. A writ of execution issued after judgment in an action at law directing the sheriff to take a certain named party and keep him safely, so that he may have his body before the court on a certain day to satisfy the damage or -debt recovered in the judgment.
The effect of the writ is to deprive the party taken of his liberty until he makes the satisfaction awarded.
Sometimes abbreviated " ca. »a." CAPIAS PRO FINE. Let him be taken for the fine. An ancient writ directing the arreBt of the defendant in an action where by the denial of his deed or by other false plea he has become liable to a fine.
At common law where a judgment for a fine was rendered in the absence of the defendant a special writ of capias pro fine was issued against him commanding that his body be taken and committed to jail until the fine was
CAPITA. Heads; polls. See Caput. CAPITE. See In Capitk. CAPUT. Head.
CA. RESP. See Capias ad Respondendum,
CA. SA. See Capias ad Satisfaciendum.
CASUS FORTUITOUS. An inevitable accident; a chance occurrence; a fortuitous event; a loss occurring in spite of nil human effort and sagacity. See Act op God; Vis Major. Used to denote perils of the elements.
CAUSA. Cause; by reason of; in contemplation of.
22
CAUSA MORTIS. In contemplation of approaching death; in view of aeath. See Donatio Causa. Moetis.
CAUSA PROXIHA HON REHOTA SPECTATUR. A maxim meaning "The immediate and not the remote cause is to be considered. The rule waa first laid down by .Lord Bacon and has frequently been quoted: "It were infinite for the law-to judge the cause of causes, and their impulsions one of another; therefore it con-tenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree."
CAVEAT. Let him beware. See Caveat Empto*. A formal notice or warning given to a court, judge, or ministerial officer, against the performance of certain acts within his power and jurisdiction.
The process may be used to prevent the proving of a will or the grant of letters of administration; to arrest the enrollment of a decree in chancery when the party intends to take an appeal. It is also used, in the American practice, as a kind of equitable process, to stay the granting of a patent for lands.
In patent law, a caveat is a formal written notice given to the officers of the patent-office, requiring them to refuse lettsrs patent on a par-ticular invention or device to any other person, until the party filing the caveat (called the "caveator ) shall have an opportunity to establish his claim of priority of invention. CAVEAT EMPTOR. Let the purchaser beware.
In sales of personal property the purchaser buys at his own risk unless there is an express warranty on the part of the seller or one which the law implies from the circumstances of the case or the thing sold. Where the seller is guilty of fraudulent misrepresentation or concealment inducing the sale, the rule does not apply.
In sales of real property the purchaser in the absence of fraud or express warranty has no relief against defects in the title or the suit-
23
ableness of the land for a particular purpose which might have been discovered by a reasonable examination on his part.
CAVEATOR. One who enters a caveat. See Caveat.
CERA. Wax.
CERTTJM EST QUOD CERTUH REDDI POTEST.
A maxim meaning " That is certain which can be made certain, or reduced to a certainty." See Id Cebtum Est Quod Cebtum Reddi Potest.
CESSIO. Cession; relinquishment; surrender. See Cessio Bonobum.
CESSIO BONORUM. Cession of goods; a surrender, relinquishment, or assignment of all his
Sroperty and effects made by an insolvent ebtor for the benefit of his creditors. The effect of this voluntary action on the debtor's part was to secure him against imprisonment or any bodily punishment, and from infamy, and to caned his debts to the extent of the property ceded. It much resembled our voluntary bankruptcy or assignment for creditors. The principle has been adopted in many continental countries as a mode of giving relief to insolvent debtors. In the Roman law, a surrender by a debtor of his property to his creditors in lieu of execution against his body. CESTUI QUE TRUST. The person who is entitled to the benefit of a trust; the beneficiary; one who has a right to a beneficial interest in an estate, the legal title of which is invested in a third person called the trustee. Sometimes abbreviated " cestui que." CHARGE D'AFFAIRES. The title of a diplomatic representative of inferior rank. He has not the title or dignity of a minister, though he may be charged with the functions and offices of the latter either as a temporary substitute for a minieter or at a court to which the government does not accredit a minister. CHARTA. Deed; estate; interest; title.
24
±keiohtment; JJIxl of Lading. The agreement is not necessarily under seal, but
contains a contract by which the owner of a vessel stipulates to convey cargo between designated ports.
CTVILITER. Civilly; in a man's civil chsraeter or position; by civil process or procedure as distinguished from criminal prosecution. See
ClVILITER MOBTOTJH.
CIVILITER MORTTJUS. Civilly dead; in a state of civil death; dead in the view of the law; the condition of one who has lost his civil rights and capacities, and is accounted dead in law. See Attaint ; Extra Legem Positus Est CiviLiTWt Mobtuus. CIVIL LAW. That system of jurisprudence comprised in the legal ruleB and principles which were in force among the Romans; rules of law administered in the Roman Empire, as set forth in the works of Justinian and his successors. See Jus Gentium. The terms Civil Law and Roman Law are convertible phrases meaning the same system of jurisprudence, which is now frequently denominated the " Roman Civil Law." The word is also used to denominate that division of the General Law devoted to the enforcement of civil rights as distinguished from criminal law. CLAMOR. Claim; complaint; clamor. CLAUSULA INCOHSUET SEMPER INDUCTJNT SUSPICIONEM. A maxim meaning "Unusual clauses always excite suspicion.' This maxim is connected with one of the most celebrated cases reported in the law. The rule as laid down therein has been materially changed in the English and Canadian cases, but has served as the basis upon which most of the states of the Union have announced opinion. See 20 Cyc. 347. CLAUSUM. The close; close; inclosed; sealed up.
25
COGNOVIT. See Cognovit Actionem.
COGNOVIT ACTIONEM. He has confessed the action. See Relicta Verifications. See alno 23 Cyc. HI. A written confession of the action signed by defendant in which he authorized plaintiff to sign the judgment and enter execution thereon. It impliedly authorizes the plaintiff's attorney to do everything necessary to obtain judgment against defendant if he fails to comply with the conditions on which time is given. The word "cognovit" is often used to express the same meaning.
COLLECTIVTJM. Collective; including several.
COLLOQUIUM. The allegation of the declaration or complaint in an action of libel and slander; the specific allegation that the words spoken or written were directed againut plaintiff in an action for defamation. See 25 Cyc. 436, 437.
COLORE OFFICII. By color of office. A claim or assumption of right to do an act by virtue of an office, made by a person who is legally destitute of any such right. See Ex Officio; Virtute Officii.
COMBUSSIT. Has burned up. See Incendit et Comb vs sit.
COMITAS. Civility; comity; courtesy. See Ex
Comitate. COMITATUS. County.
COMMERCIUM. Business; commerce; trade. COMMISSARIUS. Commissary. See H-Ches Fioei
Com miss arius. COMMISSUM. Commission; trust. See Fidei
Commissum.
COMMODATUM. A gratuitous loan; a gratuitous bailment; a loan for use without expense; a bailment for the sole benefit of the bailee. See 5 Cyc. 164. See also Depositdm; Mandatum.
COMMON. A right which consists in a profit that one man has in connection with others in land; the right or privilege which several persons have
to the produce of the lands or waters of another. The word also denotes an uninclosed piece of land set apart for public or municipal purposes in many cities and villages of the United States. See Hereditament; Incobpobeal Hebeditament. Common because of vicinage is a right which the inhabitants of two townships which lie contiguous to each other have usually inter-conimoned with one another; the beasts of one straying mutually into the other's fields without any molestation from either. This is only a permissive right, intended to excuse what, in strictness, would be trespass (see Tbeb-PAS8) and to prevent multiplicity of suits. See Peb Causa de Vicinage.
COMMON TRAVERSE. See Traverse.
COMPOS MENTIS. Of sound mind; one having the use of his faculties; a sane person. Used in contradistinction to " non compos mentis." See Non Compos Mentis.
COMPUTASSENT. They accounted. See Insimul Oomput assent.
COMPUTATIO. An account.
COMPUTAVIT. Has accounted.
CONDITIO. Condition.
CONSENSUS TOLLIT ERROREM. A maxim meaning "Consent removes mistake;" or "Acquiescence avoids error."
CONSORTIUM. Association; companionship; company; a union of fortunes; a union of lots or chances; the right which a husband has to the conjugal fellowship or comradeship of his wife. Under tie civil law, a union in marriage; a lawful marriage-
In pleading, the term is used in the sense of companionship, or society of the wife, as in the phrase per quod consortium amisit, in actions for personal injury to the wife. See Peb Quod Conbobtium Amisit. CONTENDERE, To contend; to contest.
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CONTINUANDO. Continuing; by continuing; by continuance. Where a man is injured by a trespass (see Trespass) of a permanent nature ¦ in which the wrong is constantly renewed, or where he seeks to recover for several trespasses in the same action, he may allege his injuries as continuing. This is called " laying the action with a continuando." In this way the plaintiff avoids a multiplicity of suits, and is not compelled to bring an action for each separate offense. The form has in latter days fallen into disuse, and the same end effected by alleging divers trespasses to have been committed between certain dates,
CONTRA. Against; on the other hand; on the contrary.
Used in reports and opinions of judges to indicate that one judge or case holds a contrary opinion to another.
Also used in lists of cases to indicate certain ones as opposed to others.
Often used as the initial word in certain phrases and maxims. See Contra Bonos Mores; Contra Fobmam Stattjti; Contra Pacem; Contra Spoliatorem. CONTRA BONOS MORES. Against good morals.
Contracts contra bonos mores are voidT CONTRACTUS. Contract. See Ex Contractu;
Lex Loci; Locus Contractus. CONTRA FORMAM STATTJTI. Contrary to the form of the statute in such case made and provided. See Secundum Fobmam Statcti.
The usual conclusion of every indictment brought for an offense created by statute. CONTRA PACEM. Against the peace. A form of expression generally found in indictments and informations.
CONTRA PROFERENTEM. Against him who proffers. See Fortius Contra Pbeferentem.
CONTRA SPOLIATOREM. Against the despoiler or wrong-doer. See Omnia Pr.usumuntur Contra Spoliatorem.
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C 0 NTUBER HiU M. Under the civil law, a marriage of slaves; a marriage between persons of whom one or both were slaves; a permitted cohabitation; the marriage of slaves with the consent of the master.
COHTEHTIO. Agreement; contract; covenant.
CONVICT. See Autrefois Convict.
COPARCENERS. Persons to whom an estate of inheritance descends jointly; persons by whom an estate of inheritance is held jointly. See PBITIR.
COPULA. Cohabitation; copulation.
CORAH NOBIS. Before us ourselves; in our pres-
A writ of error on a judgment in the English court of the King's or Queen's Bench. Applied to writs of error directed to another branch of the same court; from the full bench to the trial court. See Coram Vobis; Whit of Erbob.
CORAH NON JTJDICE. Before one who is not a
judge; before one who has not legal jurisdiction in the matter; before a court without jurisdiction; an expression used where a court or judge proceeds in a matter outside of defined jurisdiction. CORAH VOBIS. Before you.
A writ of error directed by an appellate court to the trial court to correct an error in fact. See Cobaic Nobis; writ of Error. CORODV. A right of sustenance, or of receiving certain allotments of victual and provision for one's maintenance; an allowance of meat, drink, money, clothing and such like necessities of life. In Old English law a sum of money or allowance of meat, drink and clothing due to the crown from the abbey or other religious house, whereof it was founder, toward the eustentation of such one of its servants as it thought fit to receive it. It differs from a pension, in that it was allowed toward the maintenance of any of the
20
king's servants in an abbey;'*, pension being given to one of the king's chaplains, for his better maintenance, till he may be provided with a benefice.
CORPOREAL HEREDITAMENTS. Such objects as may be perceived by the senses; substantial permanent objects which may be inherited. Hereditaments lying in livery are those whereof livery of seizin (see Livery of Seizin) can be made and are called eorporeal; they are outward, visible, permanent, and tangible objects as distinguished from certain rights that attach to property called incorporeal. See Hereditament; Incorporeal Hereditaments.
CORPUS. A body; the substance; the essential part; an aggregate or mass; the capital of a fund or estate as distinguished from the income; the land itself as distinguished from interest, income, or profit. See Corpus Delicti.
CORPUS DELICTI. The body of the crime. The substance or essential actual fact of the crime or offense charged; the fact that the particular crime alleged has been actually committed. In a derivative sense the corpus delicti has sometimes been used to denote the dead body itself. The corpus delicti is made up of two things: first, certain facts forming its basis; and secondly, the existence of criminal agency as the cause of them. In the case of a felonious homicide it consists of two substantial and fundamental facts: first, the fact of the death of the deceased; and second, the fact of the existence of criminal agency as the cause of the death. The first of these constituents is always required to be proved either by direct testimony or by presumptive evidence of the strongest kind, and the second of these constituents becomes a proper subject of presumptive reasoning upon all the facts and circumstances of the case. A dead body or its remains having been discovered and Identified as that of the person charged to have been killed, and the basis of the corpus
30
delicti having been thus established, the next step in the process and the one which serves to complete the proof of that indispensable preliminary fact is to show that the death has been occasioned by the criminal act or agency of another person. Pitts v. State, 43 Miss. 472. See 12 Cyc. 382, 488; 21 Cyc. 885.
COUCHAHT. Lying down.
COVERT. Married. See Feme Covebt.
COVERTURE. The condition of a woman during lawful marriage; most frequently used in describing a woman as a feme covert; a married woman under the cover or protection of her husband; the status of a married woman con-sidered as under the cover or power of her husband and therefore called a feme covert. See Feme Covert.
CRASSA NEGLIGENTIA. Gross neglect; absence of ordinary care; gross negligence.
CREAMUS. We create. A word employed in a royal charter to constitute a municipal corporation. See Erigihub; Funiiamub; Incobpo-bamtjb.
CREDERE. See Del Credere. CRIMEN. Crime.
CRIMEN FALSI. The crime of deceiving or falsifying. See 12 Cyc. 136.
In ancient times this phrase was applied to affixing the seal of the court to any fraudulent legal process or to the illegal use of the king's seal.
Under the civil law it included every species of fraud and deceit. Under the latter day law the term has been applied to many crimes; falsehood; perjury; counterfeiting; dealing with false weights and measures; and such like deceitful practices.
CRIMEN LS.SS MAJESTATIS. Treason; any crime committed against the sovereign power of the state; the crime of injured majesty. If a domestic corporation procures a charter from a foreign state, under which its members at-
31
tempt to reorganize, this is not such a violation of its allegiance to the state granting iU charter, or, crimen Imsw majemlatis, as will warrant judicial sentence forfeiting the charter in the domestic state. The phrase is now written lese majesty, and denotes any slight affecting the dignity of the reigning sovereign. See L(esa Majestas.
CUL-DE-SAC. Bottom of the bag; a blind alley; a street or alley which has no outlet at one end; a way or passage that leads nowhere; sometimes used of an ineffective or inconclusive argument.
CULPA. Fault; carelessness; neglect; negligence; culpable conduct; conduct for which a person may be held to answer in damages or a penalty; negligence or fault as distinguishable from "dolt**" (see Dolus); culpa being imputable to defect of intellect, dolus to defect of heart.
There are three degrees of culpa: lata culpa (see Lata Culpa); Icvis culpa (see Levis Culpa); and levi&tima culpa (see Levissima Culpa). CUM. With.
CUM COPULA. Accompanied by cohabitation; with copulation.
CUM OHERE. With the burden; with the encumbrance; where a man buys property on w'hich there is a mortgage or deed of trust constituting a lien. Less frequently used in evidence as the burden of proof.
CUM TESTAMENTO ANNEXO. With the will annexed. Sometimes abbreviated C. T. A. Applied to letters of administration where the testator makes an incomplete will; where he fails to name any executors; where the ones named are incapable or refuse to act.
CURATOR. A guardian; one bound' to take charge of the property of a person not legally qualified to act for himself; a person who is appointed to take care of anything for another; one appointed to take charge of the person and
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estate of an infant, lunatic, or idiot! * Per-son appointed to administer the estate of an absentee. See 1 Cvc. 203. See also Cubatob ad Hoc.
Under the English statutes provision is made for an interim curator, who administered on a felon's estate; his powers, however, were only exercised with the sanction of the court. CUBATOB AD HOC. A special guardian; a guardian for this purpose; a guardian of another appointed' for a special purpose or a single oc-
CURATRIX. A female superintendent or guardian; a female curator; a woman who has been appointed to the office of curator. See Curator.
CURIA. Court.
CURTILAGE. The inclosed space of grounds and buildings immediately surrounding a dwelling-bouse. In its most comprehensive and proper legal signification, it includes all that apace of the grounds and buildings thereon which is usually inclosed within the general fence immediately surrounding a principal messuage (see Messuage), outbuildings and yard closely adjoining the dwelling-house. Originally the word meant " land with the castle and outhouses, enclosed by walls, where barons sometimes held open court."
CUSTODLA. Custody. See In Custodia Leqis.
CUSTOS. A keeper; a guard; a custodian.
In old English the word signified a magistrate; the warden of a city.
CY-PRES. As near as; as near as may be; as near as legally possible. An equitable doctrine applicable to cases of trusts or charities, which, in place of an illegal or impossible condition, limitation or object, allows the nearest practicable one to be substituted. The doctrine of interpreting written instruments so as to effect the intention of the maker as nearly as _posai-ble, according to the rules of law. Where
33
there is a general and also a particular intention apparent in a will, and the particular intention cannot be given legal effect, the words will be so construed as to give effect to the general intention. The term is borrowed from the Roman law, by which donations for public purposes when illegal were applied cy-pres to other and legal purposes.
D
DAMA0E, FEASANT. Doing injury; inflicting damage; trespassing. Applied to cattle found upon another person's lands, without his leave or license, and there doing damage by feeding or treading down the grass or grain.
D AMNIFIC AT US. Damnified; injured.
DAMNUM. See An Damnum; Ad Quod Damnum.
DAMNUM ABSQUE INJURIA. A loss without wrong; a loss which does not give rise to a cause of action or a right to recover damages; a loss for which the law provides no remedy. See Injubia Absque Damno.
DATIVA. A guardianship resulting by magisterial appointment. See 21 Cyc. IS. See Tutela.
D. B. E. See De Bene Ebse.
D. B. N. See De Bonis Non Administratis.
D. B. N, C. T. A. See De Bonis Non Cum Testa, mento Annex o.
DE. In; of; by; according to.
DE JEQUITATE. In equity; according to equity; by the rules of equity. See De Jure.
DE BENE ESSE. For the well being; conditionally; provisionally; for what it is worth; in anticipation of future need. Applied to proceedings which are taken e* parte (see Ex Parte) or provisionally, and are allowed to stand as well done for the present, but which may be subject to future exception or 2
34
challenge, and must then stand or fall according to their intrinsic merit and regularity. Thus, in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost bv the death or absence of the witness. This is called "taking evidence de bene ease," and is looked upon as a temporary and conditional examination, to be used only in case the witness cannot afterward be examined in the suit in the regular way.
Sometimes abbreviated " bene esse " or " d. b. e." DEBENTURE. They (moneys) are due.
A receipt, so-called, because such receipts formerly began with the Latin words " debentur miki," they are owing to me.
An instrument in use in some government departments, by which the government is charged to pay to a creditor or his assigns the sum found due on auditing his accounts.
In American law, a certificate given by the collector of a port, under the.United States customs laws, to the effect that an importer of merchandise therein named is entitled to a drawback, specifying the amount and time when
In English law, a security for a loan of money issued by a public company, usually creating a charge on whole or a part of the company's stoek and property, though not necessarily in the form of a mortgage. They are subject to certain regulations as to the mode of transfer, and ordinarily have coupons attached to facilitate the payment of interest. They are generally issued in a series, with provision that they shall Tank pari passu (see PABi Passu) in proportion to their amounts. DEBET. Owes.
DEBIT. To charge with —as a debt; a recorded item of debt. Used in bookkeeping to denote the charging of a person or an account with all that is supplied to or paid out for him or for the subject of the account.
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DEBITO. See Ex Debito Justitlk. DEBITUM. Debt.
DE BONIS ASPOHTATIS. For goods taken away; for talcing away goods. An action of trespass for taking personal property is technically termed " trespass de bonis aaportatis," See Trespass De Bonis Aspor-
DE BONIS NON. See De Bonis Non Adminibtra-
DE BONIS NON ADMINISTRATIS. Of the goods not yet administered; of goods not yet disposed of; of administered estate. Where the administrator of an estate has been left unfinished on account of the death, removal, or discharge of the former administrator, and another is appointed in his stead to finish administering the assets, the last administrator is called an administrator de bonis
Frequently abbreviated " de bonis non" or " if. 6. n."
DE BONIS NON CUM TEST AM EN TO ANNEX 0.
Of goods not administered with will annexed. Applied to an administrator de bonis non administratis (see Db Bonis Non An mini strati s) cum testamento (innc.ro. See Cum Testa mento An-
DE BONIS PR0PRI1S. Of his own goods.
The technical name of a judgment against an executor, administrator or trustee, awarding execution or commanding satisfaction out of his own goods; a judgment usually rendered where a personal representative has mismanaged or misappropriated the assets of the estate or where he has falsely pleaded that there were no assets.
DE BONIS TESTATORTS. Of the goods of the testator. A judgment against an executor awarding execution or directing satisfaction out of the estate of the testator.
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DE BONIS TESTATORIS SI, ETC., ET SI NON DE BONIS PROPKIIS. A judgment against an executor awarding execution or directing satisfaction out of the goods of the testator, if he have any, and if not, from those of the executor; a judgment used where an executor has pleaded falsely or where he is to be charged in case the testator's estate is insufficient to satisfy the judgment.
DEBRIS. Fragments; rubbish; ruins. In geology and mining law a mass of mineral or rocky fragments irregularly accumulated at any one spot. See Detritus.
DEDI. I have given. A word used in deeds and other instruments of conveyance when such instruments were written in Latin. A word used in deeds of feoffment. See Feoffment. See also Do.
DE DIE IN DIEM. From day to day.
DEDIMUS POTESTATEM. We have given power. A writ or commission authorizing a private person to do some act in place of a judge. In English practice it is a writ or commission issuing out of chancery, empowering the persons named therein to perform certain acta, such as to administer oaths to defendants in chancery, and take their answers, and to administer oaths of office to justices of the peace. In the United States, a commission to take testimony is sometimes called a " dedimus potes-
DE DONIS. See De Donis Conditionalibus.
DE DONIS CONDITIONALIBUS. Concerning conditional gifts. The name of a celebrated English statute, passed in the thirteenth year of Edward I, and constituting the first chapter of Westminster 2, commonly called the Statute de Donis, by virtue of which certain estates in lands were so dealt with as to strengthen the power of the nobles.
Sometimes abbreviated " De Donis."
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DE FACTO. In fact; from, arising out of, or founded on fact; in reality; indeed; actually. A fact actually existing, whether with or without legal or moral right. An ancient phrase still constantly employed in modern law to characterize an officer, a government, a past action or a state of affairs which actually exist and must be accepted for all practical purposes, but which is illegal or illegitimate. In this sense it is used in contradistinction to de jure (see De Jure). On the other hand, the term is sometimes used independently of any distinction from de jure; thus a blockade de facto is a blockade actually maintained, as distinguished from a mere paper blockade.
DEFEASANCE. A defeating, undoing, avoidance; an instrument that defeats the force or operation of some other deed or estate; an instrument accompanying a bond, recognizance, or judgment containing a condition which upon being performed defeats it. In conveyancing, a collateral deed made at the same time with a feoffment (see Feoffment] or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally undone.
DE FTJTTJRO. Of the future. DE GRATIA. Of grace; of favor; by favor. Used in contradistinction to " de jure." See De Jure.
DEHORS. Without; foreign to; irrelevant; unconnected with. Dehors the record means outside the record.
DE INJURIA. See De Injuria Sua Propria, Absque Tali Causa.
DE INJURIA SUA PROPRIA, ABSQUE TALI CAUSA. A phrase meaning " Of his own wrong, and without any such cause." Technical words of traverse (see Traverse) used in the reply of the plaintiff in actions for per-
38
eonal injury where the defendant has admitted the acta complained of, but alleges certain new matter by way of justification or excuse.
In form the plea is a species of traverse, and it is frequently used when the pleading of the defendant, in answer to which it is directed, consists merely of excuse of the alleged trespass or grievance. Where part of the defendant's plea is admitted the reply of the plaintiff in such case is termed de injuria absque residua causa; (without the rest of the cause).
Sometimes called the "traverse de injuria," and frequently abbreviated " de injuria." DE JURE. Of right; by right of law; rightfully; by right and just title; founded upon law.
Used in contradistinction to de facto (see De Facto), to de gratia (see De Gratia), and de mquitate (See DE jEqtjITaTE). DE JURE STRICTO, NIHIL POSSUM VENDI-CARE, DE JEQUTTATE TAMEN. NULLO MODO HOC OBTINET. A maxim meaning " In strict law I can claim nothing, but in equity this by no means obtains." DE LA PLUIS BEALE. Of the most fair.
Applied to a species of dower which was assigned out of the fairest of the husband's tenements. This species of dower was abolished with the military tenures. See 14 Cyc. 882. DEL CREDERE. Of belief; of trust; of credit. A phrase borrowed from the Italians, which is equivalent to the English word "guaranty" or " warranty," or the Scotch term warrandice."
In mercantile law it signifies an agreement by which a factor, in consideration of additional commissions or premium, when he sells goods on credit agrees to warrant or guarantee to his principal the solvency of the purchaser.
Del credere commission is the increased compensation paid or due to a factor or agent on such an account. DELECTUS PERSONA. The choice of the person. The choice or selection of a particular individual, by reason of some personal qualification.
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In partnership, the right which an individual partner has to exercise his discretion as to the admission of new members into the firm.
In joint stock companies the right does not exist. See 23 Cyc. 469.
In Scotch law, the personal preference which is supposed to have been exercised by a landlord in selecting his tenant, by the member of a firm in making choice of partners, in the appointment of persons to office, and other cases. Nearly equivalent to personal trust as a doc-
DELEGAEE. To delegate.
DELEGATA POTESTAS NON POTEST DELEGARE. A maxim meaning "Delegated power or authority cannot be delegated." See Delegatus Non Potest Deleoabe.
DELEGATUS NON POTEST DELEGARE. A delegate cannot delegate; an agent cannot delegate his functions to a subagent without the knowledge or consent of his principal; the person to whom an office or duty is delegated cannot lawfully devolve the duty upon another, unless he be expressly authorized to do so. See Potest Delboata Non Est Deleganda. See also Non Potest Delegare.
DELICTI. See Corpus Delicti; Locus Delicti.
DELICTO. See Ex Delicto; Flagrante Delicto; In Pari Delicto.
DELICTUS. Crime. See Lex Loci.
DE MED IET ATE LINGUA. Of the half tongue; half of one tongue and half of another. Applied to a jury at common law, where one of the parties to the suit was an alien. It was composed of six native Englishmen and six of the alien's own countrymen.
DE HELIORIBUS DAMN IS. Of or for the better damages.
Used in law to indicate the election of plaintiff, whose damages had been assessed against several defendants, that he would claim satisfaction against that one most able to pay.
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DE MINIMIS. As to little things; concerning
DE MINIMIS NON CURAT LEX. A maxim meaning " The law does not take notice of very small matters;" "the law does not care for trifling things;'' or "the law does not concern itself about trifles." Error in calculation of a fractional part of a penny will be disregarded; so the law will not, in general, notice the fractional part of a day. See Lex Non Curat De Minimis.
DE NON ALIENANDO. Of not being alienable; of not being conveyed or assigned. A covenant sometimes contained in a mortgage.
DE NOVO. Anew; afresh; from the beginning; a second time. See Venire de Novo.
DEFOSITUM. A bailment of money or goods to be kept gratuitously for the bailor. A mere naked bailment without reward to be returned when required. One of the four real contracts specified by Justinian, having the following characteristics i (1) The depositary or depositee is not liable for negligence, however extreme, but only for fraud dolus; (2) the property remains in the depositor, the depositary having only the possession. See Dolus.
DERNIER RESSORT. The last resort or expedient; the last resource.
DESCRTPTIO PERSONA. Description of the person. By this term is meant a word or phrase used merely for the purpose of identifying or pointing out the person intended, and not as an intimation that the language in connection with which it occurs is to apply to him only in the official or technical character which might appear to be indicated by the word.
DE SE. Of himself. See Felo de Se.
DE SON TORT. Of his (own) wrong.
Usually applied to a stranger who attempts to act as executor without any lawful authority. See Executor de Son Tobt.
11
DETINET. Detains.
In pleading an action of debt is said to be in the detinet when it is merely alleged that the defendant withholds or unjustly detains from the plaintiff the thing demanded.
An action of replevin is said to be in the detinet when the plaintiff retains possession of the property until after judgment in the action. DETRITUS. Any broken or comminuted material torn away from a mass by attrition; any aggregate or loosened fragments or particles. See Debris. DEVASTAVIT. Has wasted.
The act of an executor or administrator in wasting the assets of the estate intrusted to him, by which a loss is incurred; the breach of trust or misappropriation of assets held in a fiduciary character.
Devastavit may occur by fraud, as where the executor, administrator, or trustee converts the assets of the estate by maladministration (see Maladministration) which occurs usually in the payment of claims and distribution of the estate; also, by negligence, which means the lack of such due diligence as the law requires from persons occupying a fiduciary relation.
A return made by the sheriff to a writ of execution against an executor or administrator, signifying that he has wasted the assets of the estate; upon which the plaintiff may have execution against the person of the defendant by fieri facias de bonis propriis. See De Bonis Pbopeiis; Fieri Facias. DIGIT. Says.
DICTUM. A statement; a saying; a remark; an observation; a voluntary statement; a comment; an opinion expressed by a judge on a point not necessarily involved in the case or necessary for its determination. See Obiter Dictum. In French law, the report of a judgment made
by one of the judges who has given it. In old English law the word meant an arbitrament, or the award of arbitrators.
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DIE. See De Die in Diem. DISK. See De Die in Diem. DIES. Day.
DIES HON. See Dies Non Jubidicus.
DIES NON JURIDICUS. Non-judicial day; day upon which courts are not open for' business, such as Sunday and a legal holiday; day upon which legal processes cannot issue or be returned, and when courts of law do not sit to administer justice. Sometimes abbreviated "dies non."
DILIGENS PATRISFAMII.IAS. Fatherly care; the diligent care with which the father of a family looks after his own. Has been applied to the measure of care and diligence required of directors of corporations.
DISCONTINUANCE. See 14 Cyc. 391-395 text and notes 2-5.
DISPONENDI. Of disposing. See Jus Disponendi.
DISSEIZE. To deprive of possession; to dispossess or oust wrongfully one in possession of land. See Disseizin; Livebv oe Seizin; Seizin.
DISSEIZEE. One who is disseized, or put out of possession of an estate unlawfully; correlative to disseizor. See Disseizin.
DISSEIZIN. A deprivation of seizin; a deprivation of possession; a dispossession; a wrongful putting out or exclusion of one who is the owner of a freehold. See Freehold; Oustkb. In old English law the violent termination of possession by the actual ouster (see Ousteb) of the military tenant, and the usurpation of his place and relation. It was a notorious and tortious act by which the disseizor put himself in the place of the disseizee, and, in his character of tenant of the freehold, made his appearance at the lord's court. In more modern use it includes silent entry and usurpation of enjoyment, under pretense of right, with or without title.
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Equitable disseiiin is where a person is deprived of the equitable disseizin of land, e. g., of the rents and profits. See Ouster.
Disseiiin by election is where a person alleges or admits himself to be disseized when he has not realty been so. This was done in former times in order for the disseized to avail him* self of certain remedies not otherwise open. See Seizin.
DISSEIZOR. One who wrongfully disseizes; one who puts another out of possession of lands. See Disseizin.
DO. I give. An ancient word of gift. See Dedi; Feoffment.
IjOLO. See Ex Pboprio Dolo.
DOLUS. Fraud; wilfulness; intentionality.
Includes such acts or omissions as operate as a deception upon others or violate confidence reposed- See Dolus Bonus; Dolus Malus. Dolus differs from culpa (see Culpa) in this, that the latter proceeds from an error of the understanding, while to constitute the former offense there must be a will or intention to do
Under the civil law the word signified guile, de-ceitfulness, malicious fraud; a fraudulent address or trick used to deceive Bomeone. DOLUS BONUS. Justifiable deceit; allowable de-
DOLUS MALUS. Fraud; misconduct; deceit with an evil intention. Distinguished from dolut bonus. See Dolus Bonus.
DOMICILII. See Lex Domicilii. DOMINI. See Anno Domini.
DOMITjE NATURJE. Tame or domestic animals. See Animalia Fer.« Nature; Fer* NATUa*.
DONATIO MORTIS CAUSA. A gift in prospect of death; a gift in apprehension, contemplation or expectation of death; a conditional gift dependent upon the contingency of expected death. See 20 Cyc. 1228.
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In civil law, the phrase is defined to be a gift under apprehension of death; as when anything is given upon condition that if the donor dies the donee shall possess it absolutely, or return it if the donor should survive or should repent of having made the gift, or if the donee should die before the donor. As a legacy a donatio mortis causa is sometimes considered as a species of legacy, and it is always accompanied with an implied trust or condition that, if the donor lives, the property shall revert to himself, being given only in contemplation of death. See Causa Mortis.
DONIS. See De Doms Conditionaltbus.
DUCES TECUM. The name of certain species of writs of which the " subp&na duces tecum" (see Subpcena Duces Tecum| is the most usual, requiring a party who is summoned to appear in court and bring with liim some document, piece of evidence, or other thing in his possession which the court desires to inspect.
DUM BENE SE GBSSERIT. While he shall conduct himself well; during good behavior. Expressive of the incumbency of an office, not dependent upon the will or pleasure of the appointing power, nor for a limited period, but one which may be terminated only upon the death or misconduct of the incumbent.
DUM FERVET OPUS. While the work glows; in the heat of action; while the business is in agitation; while the affair is warm; while the transaction is fresh.
DUM SOLA. While single; while unmarried; while
Words of limitation in ancient conveyances; applied generally to an unmarried woman in connection with something that was or might be done while she continued in such condition. See Feme Covert. DURANTE ABSENTIA. During absence.
In some jurisdictions administration of a decedent's estate is said to be granted durante
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absentia where the absence of the proper postponements of the will, or of an executor, delays or imperils the settlement of the estate.
DURANTE HINORE JETATE. During minority. Expressing the condition of an infant before he becomes of legal age.
DURANTE MINORITATE. During minority. Where the person entitled by preference tq administration, or the executor named in a will is an infant, the esurt may appoint an administrator to serve until such person attains his majority, who is termed an administrator durante minorttofe or durante minors
DURESS. Constraint; compulsion; constraint exercised upon a man whereby he is forced into doing some act against his will. See 14 Cyc. 1123.
Duress of imprisonment. The wrongful imprisonment of a person, or the illegal restraint of his liberty in order to compel him to do some act.
Duress per minas. Constraint, compulsion or coercion by the use of threats to compel a person, by the fear of death, or grievous bodily harm, to do some lawful act, or to commit a misdemeanor.
E
ECCLESIA. Church.
E CONTERSO. On the contrary; on the other
A term used in logic or argument. EJUSDEM GENERIS. Of the same kind; of the same nature; of the same class; of the same quality.
In the construction of written instruments where certain things are enumerated and then a phrase is used which might be construed to include other things, it is generally confined to things ejusdem generis. EMPTOR. Buyer; purchaser. See Caveat Emptor.
-ill
ENACTTJM. Enacted. See Intbb Alia Enactum Fuit.
ENCEINTE. Pregnanti with child.
EN MASSE. In a mass; in a body; in a lump;
all together; at wholesale. EN VENTRE. In the womb. See En Ventre ba
EN VENTRE SA MERE. In its mother's womb. Descriptive of an unborn child. Sometimes abbreviated " en ventre." See Foetus. EO INSTANTI. At that instant; at that very instant; at the same instant; immediately. EO NOMINE. By that name; by that very name; in or under the same name; by the same appel-
ERIGIMDS. We erect.
One of the words by which a corporation was created in England. See Creamus; Fukdamus; Incorporamus.
ESCHEAT. A falling or happening. See 18 Cyc. 540.
ESSE. To be; being; existence; reality.
Although a verb this word is frequently used in legal Latin as a substantive governed by a preposition, as in the phrase "in esse." See Bene Esse; De Bene Esse; In Esse.
ESSOIN. To present or offer an excuse for not appearing in court on an appointed day in obedience to process. See Beyond Sea; Ultra Make.
EST. Is.
ESTOPPEL. See 16 Cyc. 679.
ESTOPPEL IN PAIS. See 16 Cyc. 681. See also In Pais.
ESTOVERS. Maintenance; support; necessaries.
See 8 Cyc. 319. ST. And.
EX ARBITRIO JUDICIS. By the discretion of the judge; in the discretion of the judge.
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One of the classes of reprieves. See Ex Makdatio Regis; Ex Necessitate Legis. See also Pardons, 20 Cyc. 1561, 1569. EX ASSENSU PATRIS. With the assent of the
A species of dower where the father was seized of lands in fee, and his son by his consent expressly given, at the time of his marriage, and at the church door, endowed his wife of a portion of the same. See 14 Cyc 881. This species of dower bore a close relation to dower ad ostium ecciesice. See Ad Ostium Ecclesi.-e. EX COMITATE. Out of comity; out of curtesy; by curtesy.
EX CONTRACTU. From contract; arising out of
contract; founded on contract. A term of the civil and common law expressive of
one of the principal divisions of actions. Used
in contradistinction to actions " eco delicto."
See Ex Delicto. EX DEBITO JUSTITLS. As a debt of justice; out
of an obligation of justice; in accordance with
the demands of justice; of right; as a matter
of legal right. Used in contradistinction to " ex gratia." See Ex
EX DELICTO. Out of a fault; out of a wrong; from the crime; from fault or crime; arising out of or founded upon misconduct, malfeasance (see ¦Malfeasance j, or tort. A term of the civil and common law denoting one of the principal divisions of actions. Used in contradistinction to "' ex contractu." See Ex
contbactu.
EX DOLO MALO NON ORITUR ACTIO. A maxim
meaning "A cause of action cannot arise out of fraud; or " fraud never gives a right of action." See Dolus Malus. EXEAT. That he go out.
EXECUTOR DE SON TORT. Executor of his own wrong.
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One who assumes to act as executor of an estate without having qualified as such, according to law; one who lays himself liable to loss or damage from intermeddling with an estate without being duly qualified to act. See De Son Tout. EXEQUATUR. Let it be executed; let him execute his office; let him perform his office; let him discharge his office.
In international law an order or certificate issued by the foreign department of a state or nation to which a consul or commercial agent is accredited, authorizing him to discharge the duties of his office. See 2 Cyc. 203.
Under the French practice, this term is subscribed by judicial authority upon a transcript of a judgment from a foreign country, or from another part of France, authorizing the execution of the judgment within the jurisdiction where it was so indorsed. EX GRATIA. Out of favor; of grace; as a matter of mere grace or indulgence.
A phrase inserted in crown grants to indicate that they were not obtained upon any claim of legal right. See Ex Debtto Justiti*:.
Used in contradistinction to " ex debito justitite." EX HALEFICIO. Arising out of tort; founded upon misconduct; by reason of an illegal act.
Used in the civil law. as the synonym of " etc delicto" (see Ex Delicto) and is thus contrasted with "em contractu." See Ex Contractu. In this sense it is of more rare occurrence in modern law.
EX MANDATIO REGIS. From the mere pleasure of the crown.
One of the three classes of reprieves. This is the ordinary form of pardon or reprieve. See Ex Arbitbio Judicis ; Ex Necessitate Leois. See also Pardons, 29 Cyc. 1561, 15S9. EX HERO HOTU. Of mere motion; of his own accord; out of pure free will; voluntarily; without prompting or request.
49
This phrase is taken from royal letters patent
which were granted at the crown's own instance
and without request. The phrase is applied to an action of a court that
interferes of its own motion to correct some
irregularity, or do some act to which the parties
are not strictly entitled, but which eventually
will prevent injustice. The term is equivalent to " ex propria motu" (see
Ex Pbopbio Motu) and " sua sponte." See Sua
Sponte.
EX NECESSITATE. From necessity; necessarily. See Ex Necessitate Legis; Ex Necessitate Rbi.
EX NECESSITATE LEGIS. By necessity of law; from legal necessity; from urgency of the law. One of the three classes of reprieves. See Ex Aa-bite 10 Jumcis; Ex Mandatto Regis. See also Pardons, 29 Cyc. 1501, 1569.
EX NECESSITATE KEI. From the necessity of the thing; from the urgency of the case. Applied to certain acts committed without absolute legal right, but are allowed on account of the peculiar circumstances of the case, and to avoid injustice. Also applied to certain claims of a right of way.
EX OFFICIO. From office; by virtue of office; officially; in consequence of office, without any especial authority otherwise conferred. Powers may be exercised by an officer which are not specifically conferred upon him, but are necessarily implied from the office itself. Thus a mayor is ex officio chairman; a judge Is em officio a conservator of the peace. Sometimes used adjectivety, as an ex officio member of a body.
EXONERATION. The removal of a burden; the removal of a charge or duty; the act of relieving a person or estate from a charge or liability by casting the same upon another person or estate; the right of equity which exists between those who are successively liable for the same debt.
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Thus a surety who discharges an obligation is entitled to look to his principal for reimbursement and to invoke equitable aid for such purpose, and a subsequent surety, who is responsible only in case of the default of the principal and prior surety, may claim exoneration at the hands of
EXONERETUR. Let him be relieved; let him be discharged.
An entry made by order of the judge upon the memorandum of bail, discharging the sureties from further liability as such, when the condition of the bail is fulfilled by the surrender of the principal, or otherwise. EX PARTE. On the part of; on the one side; on behalf of one party; on the application of one side only.
When used in the title of legal proceedings this term indicates that they are taken by one party without legal notice to those in adverse interest. See Is Ra.
EX POST FACTO. After the fact; from that which happened subsequently; from, by, or in consequence of an after act, or thing done afterward; by matter of subsequent occurrence.
Popularly applied to any law, civil or criminal, which is enacted with a retrospective effect, and with intention to produce that effect.
In its true constitutional application, however, it relates only to crimes, and signifies a law which retroacts, by way of criminal punishment, upon that which was not a crime before its passage, or which raises the grade of an offense, or renders an act punishable in a more severe manner than it was when committed; or by altering the legal rules of evidence receives less or different testimony than the law required at the time of the commission of the offense, in order to convict.
Ez post facto laws are held to be contrary to the fundamental principles of a free government, and the states are prohibited from passing such laws by the constitution of the United States.
fil
" Ei post facto " and ¦ retrospective ¦ are not convertible terms. The latter is a term of wider signification than the former and includes it. All ex post facto laws are necessarily retrospective, but not e converse. Bee E Convebso. EXPRESSIO TJNITJS EST EXCLUSIO ALTERTTJS. A maxim meaning " The expression of one thing is tlie exclusion of another," or " the express mention of one thing, person, or place implies the exclusion of another."
A leading maxim in the construction of deeds and statutes.
EX PEOPHIO DOLO. Of or out of his own fraud. See Dolus.
EX PROPRIO MOTU. Of his own motion; of his own accord; of bis own volition. See Ex Mebo Motu ; Sua Sponte.
EX PHOPRIO VIGORE. By their own force; by its own force. See Pboprio Viooee.
EXTRA LEGEM POSITTJS EST CIVILITER MOR-TUUS. A maxim meaning " He who is placed out of the law is civilly dead." See Civhjteb Mobtuus.
EXTREMIS. See In Extbemis.
EX TURPI CAUSA NON ACTIO ORITUR. A maxim meaning " Out of a base, illegal, or immoral consideration, a cause of action cannot
EX VI TERMINI. From or by the force or virtue of the term; from the very meaning of the expression used.
F
FACIAS. That yon cause; that you make. See
Fieri Facias. FACIE. Upon its face.
FACIENDL To be done; to be made. See Locatto.
FACSIMILE. Made like in appearance; a copy; an exact copy; preserving all of the marks of the original; an imitation of an original in all its proportions, qualities, and peculiarities.
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FACTO. See De Facto; Ex Post Facto; Ipso Facto.
FACTUM. Done; deed; thing done; fact.
FACTUM PROBANDUM. The fact to be proved; the principal fact in the case; the fact which is in issue and to which evidence is to be directed.
FALSA DEMONSTRATE HON NOCET. A maxim meaning "An erroneous designation does not impair;" "a false description does not vitiate;" or " a false description does not render an instrument inoperative." The complete maxim is written Falsa demonstratio non nacet, cum de corpore (persona) constat, meaning, " False description does not vitiate, provided the person or tiling intended nas once been sufficiently described."
FALSI. See Crimen Falsi.
FALSUS. False.
FALSDS IN UNO, FALSUS IN OMNIBUS. A maxim
meaning " False in one thing, false in everything;" or "false in one point, false in all." This maxim has been applied to discredit the testimony of witnesses shown to be wilfully false, and is the foundation of the old rule excluding the testimony of infamous persons. It is never applied to immaterial discrepancies in the evidence or mere variances attributable to lapse of memory. Wilful falsity is necessary to make a case for the application of this rule. Also applied in civil cases to substantiate allegations of deceit and misconduct involving the elements of deception and fraud.
FAUCES TERRA. The jaws of the land; promontories or headlands inclosing an arm of the sea; " the mouth or chops of a channel" where a person may see from land to land.
FEASANT, Doing; inflicting. See Damage Feasant.
FEASOR. A doer. See Joint Tort- Feasors ; Tortfeasors.
FECIT. Made it
53
FEB. This word originally meant an estate in land held of a superior on condition of rendering some services. It had the same meaning as the words "feud" or "fief" and was used in contradistinction to " allodial lands." See Allo-
In modern times the word signifies an estate of inheritance; an absolute estate; the largest possible estate. See Fee Simple; Feut); Freehold. FEE SIMPLE. A pure fee; an absolute estate; an unqualified estate; an estate of inheritance. See Fee; Freehold.
This is the largest estate known to the law, and the most extensive interest that can be enjoyed in land; it confers an unlimited power of disposal during life and is descendible to the heirs after death.
FELO DE SE. A felon of himself; a murderer of himself; a suicide. One who deliberately puts an end to bis own life or loses his life while engHged in the commission of an unlawful or malicious act. Also a destroyer of itself; a thing that defeats its own purpose.
FEME COVERT. A married woman; a married woman who is considered as being under the influence and protection of her nusbnnil. See Coverture.
Used in contradistinction to "feme sole" (see Feme Role) in reference to the disabilities of
FEME SOLE. A single woman; an unmarried woman. The term includes an unmarried woman whether a spinster or a willow-, also includes a woman whose marriage has been dissolved by divorce, and for most purposes such women as have been judicialtv separated from their husbands. See
coverture; dum sola.
Used in contradistinction to "feme co rcr t " (see Feml: Covert) in reference to disabilities of married women.
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FEOFFEE. One to whom a fee is conveyed; one to whom land peases by feoffment. See Feoffment. See also Livesy of Seizin.
FEOFFMENT. The gift of a feud (see Feud); the gift of a fee (see Fee) ; the gift of a corporeal hereditament (see Corporeal Hereditament); either by investure or by livery of seizin (see Livery of Seizin ); also the deed or conveyance by which such corporeal hereditament passed. A feoffment originally meant the granting of a feud or fee, for which certain services were due to an overlord. This was one of the earliest modes of conveyance, in the common law, but by custom afterward it came to signify also a grant with livery of seizin of a free inheritance to a man and his heirs, referring rather to the perpetuity of the estate than to the feudal tenure. It was for ages the only method in ordinary use conveying the freehold of land In possession, but has now fallen in a great measure into disuse, even in gift, having been almost entirely superseded by some of that class of conveyances founded on the statute law of the realm. See Do; Dedi.
FEOFFOR. The person making a feoffment. See Feoffment. See also Livbby of Seizin.
FERJE NATTJRJB. Of a wild nature.
Applied to animals in which there can be no
claim of property. The full phrase is "Animalta fera natural. See
Amm mia 'kk.i: NatuBi-E. Animals which are wild by nature are so designated by way of distinction from such as are naturally tame, which are designated domita natural. See Domit-t; Natub*; Ration e Impotently.
FEUD. An estate in land held of a superior or overlord on condition of rendering him services. See Fee.
FEUDAL. Pertaining to feuds (see Feud) ; concerning fees (see Fee); relating to the feudal law (see Feudal Law). Used in contradistinction to " allodial." See Allodial,
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FEUDAL LAW. The law anciently regulating the property relations of lord and vassal existing in England down to the thirteenth century. It constituted the real property law of the time, and governed the creation and tenure (see Tenure) of estates in land. •
FIDE. See Bona Fide; Mala Ftdk.
FID EI COMMISSARIUS. A person who has a beneficial interest in an estate which for the time is committed to the honor, good faith, or trust of another.
In the civil law this term corresponds very nearly to the latter day " cestui que trust." See cestui que Teust. See also HLebeb Fiduciakius. FIDEI COMMISSUM. A matter committed to honor or good faith; a bequest or devise in trust; a trust.
The disposal by will of an inheritance in trust that a third person will restore it to some one incapable of taking under the will.
The person in whom the trust was reposed was called " hares fiduciaries " (see Haibes Fiduciabius), and the person intended to be benefited was called the " fidei eommissarius" (see
FlDEI COMMtSSABIUS).
These fidei commisaa were the originals of modern
FIDES. Faith. See Bona Fides; Mala Ftoes. FIDUCIABIUS. See H^ebes Fiduciabius. FIERI. See In Fiebi.
FIERI FACIAS. That you cause to be made. A writ of execution commanding the sheriff to levy upon and sell sufficient goods of a judgment debtor to satisfy the judgment against him. Sometimes abbreviated ft. fa." ft FA. See Fiebi Facias.
FILIA. Daughter; sister. See Fili.F. Loco; FlLIUB. FILLS LOCO. In the place of a sister.
Under the Roman law the wife was the child of her husband, fiiifs loco, a sister, legally, of her own offspring. See 21 Cyc. 1143.
50
FILIUS. Son. See Filtus Ni.-i.urs; Nullius Ftltub.
FILIUS NTJLLtUS. The son of nobody; a. bastard.
See Nuixirs Filiub. FILTJH. Thread. See Ad Filum Aqvje. FILTJH AQUA. Thread of the stream. See Ad
FlU.m AqVX; TllBEAD of the stream,
FIHE, See Amercement; Capias pko Fink.
FLAGRANTE. See Flaoeante Delicto; In Flagrante Delicto.
FLAGRANTE DELICTO. In the very act of committing the crime. See In Flagrante Delicto.
FLOTSAM. Such portions of the wreck of a ship and its cargo ss remain floating; goods which float upon the water when cast overboard for the safety of the ship. A word of the -same general character as " jetsam " (see Jetsam) and "Ugan" (see Ligan), but of somewhat different meaning.
FfETUS. In medical jurisprudence, an unborn child; an infant en ventre sa mere. See En Ventre Sa Mere. See also Gestation.
FORI. Of the forum; of the court. See Lex Loci.
FORMA. Form. See In Fobma Pauperis.
FORMAM. See Contba Fobmam Statuti.
FORMULA. In general a prescribed form or rule; a fixed or conventional method in which anything is to be done, arranged, or said; an exact method or form of words prescribed as a guide for thought, action, expression or statement, or to be used on certain occasions or under certain circumstances.
FORTIORI, See A, Fortiori.
FORTIUS CONTRA PROFERENTEM. Strongly against the party who proffers or puts forward
An indictment is to be construed fortius contra proferentem, the language used must necessarily
import the offense charged, and if susceptible of a different interpretation the indictment will be bad. See 22 Cyc. 300. FRANK TENEMENT. A free tenement (see Li-bebum Tenementum) ; a freehold (see Freehold).
Used to denote both the estate and the manner in which it is held. See Tenement. FREEHOLD. The possession of land or an interest in real estate by a freeman; an estate requiring actual possession of the land; an estate of inheritance or for life in real property. See Libebum Tenementum; Frank Tenement; Seizin.
Sometimes applied to the land itself. FREGIT. Has broken.
FRTJCTUS. Fruits. See Fbuctub Indubtbiales ; Fbuctus Natubales,
FRUCTUS INDDSTRIALES. Industrial fruits; cultivated fruits; products of industry; annual
Fruits and crops produced by labor as distinguished from those produced solely by nature. See 12 Cyc. 975, 978. FRUCTUS HATURAI.ES. Natural fruits; perennial crops; those products which are produced by the power of nature alone, unaided, by man's
Applied to the wool, milk, and young of animals.
See 12 Cyc. 975, 976.
FUTT. Was. See Inteb Alia Enactom Fun.
FUNCTUS OFFICIO. Having fulfilled his office; having performed his function; one whose official authority has ceased; out of office. Applied to an instrument, power, agency, etc., which has fulfilled the purpose of its creation and is therefore of no further virtue or effect. Also applied to an officer whose term has expired and who has In consequence no further official authority.
88
FONDAMUS. We found. One of the words by which a corporation was created in England. Gee Cbeamus; ErigiMUB; lfl-cobpobamus.
FURANDI. See Ammo Fueandi; Animus FcbasdI;
Fur and j Animus. FUkANDI ANIMUS. An intention of stealing. See
Animus Fubandi; animo FURandi. FUTUEO. See In Futubo.
a
GENEEALIA SPFXIAI.IBUS NON DEBOGANT. A
maxim meaning " General things do not derogate from or affect special." or " general words do not derogate from special." The phrase is applicable to a general phrase enacted after a Bpecial one.
GENERAL IMPARLANCE. See Imparlance.
GENERALISSIMUM. Most general. See Genus Generalissimuu.
GENERAL ISSUE. A plea which denies in general terms the allegations contained in the declaration or complaint without tendering any new or special matter. Called the general issue because the issue that it tenders, involving the whole declaration, or the principal part of it, is of a more general and comprehensive character than that usually tendered by a common traverse. See Common Traverse.
In criminal proceedings the general issue is " not guilty," which is pleaded viva voce (see Viva Voce") by the prisoner at the bar. GENERAL SPECIAL IMPARLANCE. See Impar-
GENERAL TRAVERSE. See Traverse. GENERIS. See Ejitspem Generis. GENTIUM. See Jus Gentium. GENUS. Kind,
S9
GENUS GENEKAL1SSIUM. The most general kind;
the most general species or class.
GESTATION. The duration of pregnancy; the time between conception and delivery of a child; the time during which a woman who has conceived carries the fcetus (see Farrus). in her womb. See En Ventre Sa Mere; Perpetuity.
GRATIA. See De Gratia; Ex Gratia.
GRAVAMEN. The burden; the weight; the burden of the charge; the grievance complained of; the special injury of grievance constituting the cause of action; the essence of the accusation; that part of the charge that weighs most heavily against the accused.
GUARDIAN AD LITEM. A guardian appointed Myths court to represent an infant or incompetent person in an action to which he is a party. See Ad Litem; Tutela; and 22 Cyc. C34. They are most commonly appointed to represent infant defendants; infant plaintiffs suing in such cases by their procnetn ami. See Pbochein Ami.
In criminal cases no guardian is appointed, for the court acts as such.
HABEAS. That you have. See Habeas Corpus, 21 Cyc. 278.
HABENDUM. To have. One of the eight formal parts of a deed. The initial word in the clause of a deed immediately following the granting clause. See Habendum et Tenendum.
The original meaning or object of the clause was to determine the interest granted, or to lessen, qualify, explain, or enlarge the premises, although it was not allowed to totally contradict or be repugnant to the estate granted,
In modern deeds the premises usually specify the estate granted and the habendum lias become, in most eases, a mere matter of form; but where no estate is mentioned in the premises, the habendum retains its original signification.
60
HABENDUM ET TENENDUM. To We and to
hold.
Formal words In a deed; the beginning 01 the era use following the granting clause. HABET. Has.
HJEC. Such; these. See In Bmc Verbis.
HJEC VERBIS. See In H-ec Verbis.
USEES. Heir. See Hares Fiofj ComMiSSABIUS ; Hjeres Ftduciabids.
HJESES FIDEI COMMISSARIUS. Under the civil law, the person for whose benefit an estate was given to another in trust. See Firm Commissar rus.
The term answers very nearly to cestui que trurt (see -Cestui Que Trust) of the modem English law.
USEES FIDUCIAEIUS. A fiduciary heir; an heir in trust; a person constituted heir by will, in trust for the benefit of another. See FniEi Commissum.
HEREDITAMENT. Anything which may be inherited; everything that passes to the heir by way of inheritance. See Corporeal Hereditaments ; Incorporeal Hereditaments. This is the most extensive term that can be used in describing things real, and is almost as com-
firehensive as the word " property." It not only ncludes lands and tenements, but property corporeal and incorporeal, real, personal, and mixed. HOC. See Curator ad Hoc.
HYPOTHECA. To put under; a putting under; a subjecting to an obligation or encumbrance; the right or obligation arising from the pledge of property where there is no actual delivery. In the contract of hypotheca the possession remained with the owner, and the lien was created ¦by the mere agreement of the parties without tradition of the property. See 27 Cyc. 963; 31 Cyc. 787.
Under the ciTil law the term was used to denote a pledge or mortgage as distinguished from
Ql
pigntts. See Planus. Such an hypothecs was either express or implied; express, where the parties upon the occasion of a loan entered, into an agreement to that effect; or implied, in the ease of the stock and utensils of a farm, which were subject to the lender's lien for rent. The word closely corresponds to the modern idea of a mortgage. There is no pure hypotheca in our law. Approaches to it, however, are found in bottomry bonds (see Bottomby Bonds), maritime liens, and seamen's wages. The word has suggested the term "hypothecate" as used in the mercantile and maritime law of England. Thus, under the Factor's Act, goods are frequently said to be "hypothecated"; and a captain is said to have a right to " hypothecate " his vessel for necessary repairs. See Bottomry.
ID CERTTJH EST QUOD CERTUM REDDI POTEST. A maxim meaning "That is certain which can be made certain?' See Cebtum Est Quod Cebtum Reddi Potest. .
IDEM. The same. Sec Ad Idem.
IDEM SONARS. Having the same sound; sounding alike; substantially identical in sound. This term is applied to names which are substantially the same although slightly varied in spelling.
IGNORAMUS. We are ignorant; we ignore it. The indorsement formerly placed by a grand jury
across an indictment presented against one charged with crime, where the evidence is not sufficient to warrant the bringing in of a true bill. The term is now generally superseded by the phrase " not a true bill " or " not found," but the jury is still said to " ignore " the bill or indictment. See Bu-la Veba. IGNORANTIA JURIS NEMINEM EXCUSAT. A maxim meaning " Ignorance of law excuses no man;" or "Ignorance of law is no defense."
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IMPARLANCE. Time to plead; allowance of time for a party to answer the pleadings of hie opponent; the continuance or postponement of a
Literally the term signified leave given to the parties to talk together with a view to settling their differences amicably.
Under the common law imparlance meant leave to delay putting in a plea to the declaration, or other responsive pleading, until a future day, founded on the representation or fiction that the applicant desired time to negotiate for a compromise.
General imparlance is the entry of a general prayer and allowance of time to plead till the next term, without reserving to the defendant the benefit of an exception, so that after such an imparlance the defendant cannot object to the jurisdiction of the court, or plead any matter in abatement. This kind of imparlance is always from one term to another.
Special imparlance reserves to the defendant all exceptions to the writ, bill, or count, and contains the clause " saving to himself all advantages and exceptions, as well to the writ as the declaration aforesaid."
General special imparlance contains a saving of all exceptions whatsoever, so that the defendant after this may plead not only in abatement, but he may also plead a plea which affects the jurisdiction of the court, as privilege. He cannot, however, plead a tender, and that he was always ready to pay, because by craving time he admits that he is not ready, and so falsifies his plea.
IMPOSSIBILIA. Impossibilities. IMPOTENTIA. Helplessness; impotency. IMPRESSA. Impressed.
IMPRISONMENT. See Duress of Imprisonment. IN. Against.
IN ABEYANCE. In expectation; in suspense; in intendment of the law.
G3
Used to express the condition of an estate in land where there is no person in existence in whom the estate may vest; that is, capable of taking title.
Also used in connection with the title to personal property eaptured in time of war before removal from chance of capture or before being condemned as a prize.
IN ALTENDO SOLO. In the land of another; on another's land.
IN CAMERA. In private; in chambers; behind closed doors.
A cause is said to be heard in camera where the hearing is had before the judge in his private room; or where the doors of the court room are closed, the spectators excluded, and only such persons as are interested in the case are present.
Not used in American law, but provision is made by most of the state constitutions and by the sixth amendment of the federal constitution securing the right to a speedy and public trial. These provisions give rise to a question of constitutional law entirely different from the question of practice under the English law. IN CAPITE. In chief; directly; immediately.
Tenure in capite was in old English a direct holding from the King. See Tenube. INC END IT. He set on fire. See Incendit et Com-
INCENDIT ET COHBUSSIT. He set on fire and burned up.
INCHOATE. Not yet complete; not yet finished; not fully in existence; imperfect; unfinished; incomplete; incipient; in a state of incipiency; elementary; rudimentary; not established. Inchoate right of dower. That anticipation of a right of dower which the wife of the owner of real property has during his life, it being contingent on her surviving aa his widow.
INCONVENIENTI. See An Inconvenient!.
04
INCORPQRAMUS. We ineoTporate. One of the words by which a corporation may be created. See Cbeamub; Erigimus; Fundamus.
INCORPOREAL. Not appreciable by the senses; Intangible. See Incorporeal Hereditaments.
INCORPOREAL HEREDITAMENTS. Anything, the subject of property, which may be inherited, but is not tangible and visible; a right issuing out of real or personal property or concerning or annexed to or exercisable within the same. See Corporeal Hereditaments.
IN CTJSTODIA LEGIS. In the custody of the law; in the keeping of the law; taken into the charge of an officer of the court under authority of the
The term is used of property of which the court haB assumed charge pending litigation about it. Such property cannot be levied upon by a private person, nor can it he interfered with by an officer acting under authority of another court. INDEBITATUS ASSUMPSIT. Being indebted be promised to pay. The name of that form of action of assumpsit (see Assumpsit) in which it Is alleged that a certain debt or obligation is due from the defendant, and that in consideration thereof, he promised to pay or discharge the same.
The action is so-caOed from the Latin words in which the promise is alleged, which is generally an implied one. See 4 Cyc. 320. INDICIA. Signs; signals; discriminating marks; indications.
Circumstances which point to the existence of a given state oil facts as probable, but not certain. INDUSTRIA. Exertion; industry; labor. INDIISTRIALES. Industrial. See Fhucttjb In
dustbiales.
IN ESSE. In being: in existence; actually existing. Used in contradistinction to " in posse." See IN Posse. A child before birth is in posse, after
birth in ease. A child in its mother's womb is, for some purposes, however, regarded as in esse. see En Ventre ba Mere. IN EXTREMIS. In extremity; in the last extremity; in the last moments; at the very end; at the last gasp; in the last illness; on the point Of death. The term in ordinary use denotes the condition of a person about to die. Declarations in extremis are celled dying declarations. See 12 Gye. 432; 21 Cyc. 973.
The definition has also been extended to include actions under the stress of apparent necessity. Thus, a movement in extremis by a vessel cannot be charged as the fault of the master or pilot, although such movement may have proved erroneous and without avail.
IN FIERI. In process; in process of formation; in process of development; in process of completion; not completed. The term is used of legal proceedings which, though actually pending, have not been completed by the entry of judgment.
INFINITUM. See Ad Infinitum.
IN FLAGRANTE DELICTO. In the very act of committing the crime. See Flagrante Delicto.
IN FORMA PAUPERIS. In the form of a poor man; in the character of a pauper. Courts of equity having discretionary power to award or refuse costs adopted the practice of granting leave to sue, without liability for costs, to suitors showing a good cause of action, and making oath to poverty, the privilege being confined to those not having above jEH or twenty dollars.
By statute the power to grant such leave Is now generally extended to common law courts. INFOKMATUS. Informed. INFRA. Within; below; underneath.
Used in books to refer the reader to something subsequent.
Used in contradistinction to " supra." See Supea.
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INFREGIT. Hai broken; has violated. IN FUTURO. In the future; at a future time; not yet realized.
Used in contradistinction to " in praacnti." Se« Is I'h^.mi. See also In ESSE; In Posse.
IK KMC TEBBIS. In these words; in these very words; in the same words. See In Tottdem Vebbis; Ipbissimis Verbis.
IN INVITUM. Against an unwilling party; against a party not consenting; by operation of law. A decree divesting an insolvent or bankrupt of his property by adverse proceedings is said to be in invitum, as contrasted with a voluntary assignment for the benefit of creditors.
INITIO. See Ab Initio.
INJURIA. Injury; wrong. See Damnum Absque Injubia,
INJURIA ABSQUE DAMNO. Injury or wrong, without damage. See Damnim Absque Injubia.
IN LIMINE. In the beginning; at the beginning; at first inception; at the first opportunity; on the threshold; at the outset. Technical objections to the regularity of legal proceedings are for the most part required to be taken in limine, and are waived by going on without objecting.
IN LOCO PARENTIS. In the place of a parent; instead of a parent; charged with the rights, duties, and responsibilities of a parent. Thus the master, aa regards bis apprentice, stand* in loco parenti*.
IN HITORI SENSU. In the milder sense; in the more favorable acceptation. This phrase was formerly applied as a rule of construction in actions of slander, the words being so construed as to prevent action if possible. Under the latter day practice words are construed according to their usual meaning.
IN PAIS. In the country; out of court; without judicial process; not of record.
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The phrase as apjlied to legal transactions primarily means that they have taken place without judicial process or legal proceedings. Thus a widow was said to matte a request for her dower in pais, where she simply applied to the heir without issuing a writ. Matters in pais are also distinguished from matters of record. This distinction arose out of the ancient common law, where conveyances were made either by matter in pais, or deed, by two or more persons upon the very spot to be transferred; or by matter of record in the public courts of record. See Estoppel in Pais. IN PARI DELICTO. In equal fault; in equal wrongdoing; equal in guilt; equally culpable; equally criminal.
This phrase is applied, both in law and in equity,
where parties come into court in a cause where each is guilty of some wrong-doing. In such case the law leaves them where it finds them, and will grant no relief to either party. The rule that when parties are in pari delicto the court will lend its aid to neither, is subject to certain exceptions. Thus, where the public interests reauire its intervention, relief will be granted, though the result may be that the property will be restored to or a benefit derived bv a plaintiff who is equally guilty with defendant. See S Cyc. 317.
IN PARI DELICTO POTIOR EST CONDITIO DE-FENDEHTIS. A maxim meaning " In the case of mutual or equal fault the condition of the defendant is the better;" or "where both parties are equally wrong the defendant holds the stronger position."
IK PARI DELICTO POTIOR EST CONDITIO POSSIDENTIS. • A maxim meaning " Where each party is equally in fault the law favors him who is actually in possession;" or "in case of equal fault the condition of the possessor is the more favorable."
IN PARI MATERIA. I'pon the same matter; concerning the subject; on a like subject; in an analogous case. The rale that all instruments in, pari materia are to be read together applies in construction of statutes, and contracts of insurance, where the • application is to be considered as part of the
IN PARTE. For a part; in part See In Paste 8rvE ik SouDcu; In Toto Vel in Pabte.
IN PARTE SIVE IN SOLIDUM. For a part or for the whole. See In SolidO.
IN PKRPETOAM. An abbreviation of bills to perpetuate testimony. See Ik Pebpktcam Rer Meiiobiam.
IN PERPETTJAM REI MEMORIAM. In perpetual
memory of a matter; in perpetual testimony of a thing; for preserving evidence of a matter.
Sometimes abbreviated In perpetaam."
A bill to perpetuate testimony 01 to examine witnesses in perpetuam rei memoriam is an original bill in anticipation of litigation not instituted, and is designed to secure the evidence of some present right or Interest which may be endangered or lost if the evidence on which it depends is not preserved. See 13 Cyc. S54. IN PERSONAM. Against the person with respect to the person. See Jvs in Peebonau.
The term ia used of a right resting in a purely personal obligation and of proceedings to enforce a right by judgment binding only on the party proceeded against.
Used In contradistinction to " in rem." See Ik Rem. As applied to rights the terms have come to mean the antitheses of " available against a particular person" and " available against the world at large." The terms are sometimes used to signify that a judicial proceeding operates on a person or thing. Thus, ft is said that a court of equity acts in personam and not in rem, meaning that its decrees operate by com-
SUing a party to do what he is ordered and not producing the effect directly.
IN POSSE. In possibility ¦ having a possible but not an actual existence; in a potential state of being; not yet actually existing; but ready to come into being when certain conditions are fulfilled.
Used in contradistinction to " in ease." See Iff Esse. See also Is Futubo. IN PHJESEHTX At the present time; now.
Uaed in contradistinction to " in future." See Is
FUTUBO.
A promise of marriage at the betrothal is a promise in futuro; that at the wedding is a promise in prttaenti or per vtrba in praaenti. See Pub Vebba in Pb.-esf.ktt.
INQUIRENDUM. To be inquired into.
IN QUO. In which. See Locus is Quo.
IN RE. In a thing; in the matter of; in the affair; in regard to. See Jus in Re. The usual way of entitling a judicial proceeding in which there are no adversary parties, but merely some "res" (see Res] concerning which judicial action is sought. The term is frequently applied to proceedings concerning an estate and matters of public interest in which a lejral remedy is required. It is also used to designate a proceeding where a party makes application on his own behalf, although such proceedings are more usually entitled "ex pane." See Ex Paste.
IN REM Against the thing; with respect to a thing; directed to a thing; related to property. See Jus is Rem. Used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be " in per-eonam." See In Pebbonam. Judgment in rem. See 23 Cyc. 1406 et seq,. Various definitions have heen given of a judgment in rem, but all are criticized as either incomplete, or comprehending too much. It is gener-allv said to be a judgment declaratory of the status (see Status) of some subject-matter,
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whether this be a person or a thing. Thus, the probate ot a will fixes the status of the document as a will. The personal rights and interests which follow are mere incidental results of the status or character of the paper, and do not appear on the face of the judgment. So, a decree establishing or dissolving a marriage is a judgment in rem, because it fixes the status of the person. A judgment of forfeiture, by the proper tribunal against specific articles of goods, for a violation of the revenue laws, is a judgment in rem. But it is objected that the customary definition does not fit such a case, because there is no fixing of tbe status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many others, the judgment is conclusive against all trie world, without reference to actual presence or participation in the proceedings. If the expression " strictly in rem " may be applied to any class of cases, it should be confined to such as these. A very able writer says: "The distinguishing characteristic of judgments in rem is that, wherever their obligation is recognized and enforced as against any person, it is equally recognized and enforced as against all persons. It seems to us that the true definition of a judgment in rem is, 'an adjudication' against some person or thing, or ' upon the status of some subject-matter,' which, wherever and whenever binding upon any person, is equally binding upon all persons." Per Lewis, P. J., in Bartero v. Real Estate Sav. Bank, 10 Mo. App. 76, 78.
IN RTJRE. In the country; in the rural district.
INSANE MENTIS. Of unsound mind. See Non Compos Mentis. Used in the verdict or return upon a commission issued to inquire into the sanity of a person.
IN SE. In itself; in themselves.
INSIHTJL. Together. See Insimtjl Computassbnt.
INSIMUL COMPUTASSENT. They accounted together.
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The name of a count in assumpsit (see assumpsit) upon an account stated, where it is alleged that the parties have settled their accounts together, and the defendant engaged to pay the balance but has neglected to do so.
IN SOLIDO. For the whole; as a whole; jointly and severally. An obligation in aolido imparts a joint and several liability, where each of the several obligors is liable for the whole amount.
IN SOLIDUM. For the whole. See In Paste Site in Soliduv.
Possession is in aolidnm where it remains exclusive. IN STATU QUO. In the same situation; in the condition in which it was; in its former condi-
An abbreviation of the phrase " in statu quo ante fvit or ante bellam." See Ante Bellum.
Used with reference to the restoration of any person, property, or state of facts to the situation existing at a previous time, or to the maintenance of the present situation unchanged. See Status Quo. INTER. Among; between.
INTER ALIA. Among other things; among other matters.
Anciently used in pleading, especially in reciting
statutes, where the whole statute was not set
forth at length. INTER ALIA EN ACTUM FUIT. Among other
things it was enacted. INTER ALIOS. Between other parties; among other
persona who are strangers to the proceedings. INTER ALIOS ACTA. Things done between other
INTERIM. Meanwhile. See Ad Interim.
INTER PARTES.' Between the parties.
Deeds are usually formally stated to be made inter partes; that is, as made between one party of the first part, and another of the second part.
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INTERPRET ATI 0. Interpretation. INTER SE or INTER SESE. Among themselves; between themselves. INTER VIVOS. Between the living; between living
Where property is trsnsferred by conveyance the
transaction is inter vivos as distinguished from property passing by will. An ordinary gift from one person to another is called a " gift infer vivos " to distinguish it from a donation made in contemplation of death. See Donatio Mobtis Causa. See also 20 Cyc. 1102 et seq.
INTESTATE. Without a will; without a valid will. A person is said to die Intestate where he fails to make a will, or dies without leaving anything to testify as to his wishes with respect to the disposition of his property after death; also where a person attempts to dispose of property by a will which is defective. Besides the strict meaning of the word, there is also a sense in which intestacy may be partial: that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted. The word is sometimes used to signify the person himself, the undisposed of property being termed " the property of the intestate."
IN TESTIMONIUM. In witness; in evidence whereof. The initial words of the attestation clause of certain legal documents.
IN TOTIDEM VERBIS. In so many words; in the very words; word for word. See In TJxc Vermis; , Ipsisstmib Verbis.
IN TOTO. In all; tn the whole; completely; wholly; without qualification; entirely; absolutely. The award of arbitrators is said to be void in toto.
IN TOTO ET PARS CONTINETUfi. A maxim meaning " In the whole the part is contained."
IN TOTO VEL TN PARTE. In whole or in part.
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INTRA. Within. See Intra Vibes.
LN TRANSITU. In transit; on the voyage; on the
way; during the transit; during passage of one
place to another. See Stoppage in Transitu. INTRA VIRES. Within the power; within legally
constituted authority. An act is intra vires of a person or corporation
when it is within the seope of his or its powers
or authority. Used in contradistinction to " ultra aires." See
Ultra Vires. INTUITU See Alio Intuitu. LN VENTRE SA HERE. In bis mother's womb.
See En Ventre sa Mere. INVENTUS. Found.
INVITUM. Not consenting; unwilling. See In In-vttum.
IPSISSIMIS. In the very same; In the identical. See Ipsissimib Verbis.
IPSISSIMIS VERBIS. The very same words; in the identical words; the precise language, word for word. See In ILec Verbis; In Totidem Verbis.
IPSO. Itself.
IPSO FACTO. By the fact itself; by the very fact; by the mere fact; by the mere effect of an act. A proceeding ipso facto void is one which is not only prima facte (see Prima -Facie) invalid, but is void ab initio. See Ah Initio. IPSO FACTO ET EO INSTANT I. In fact and immediately. ISSUE. See General Issue. ITA. So. See Ita Quod. ITA QUOD. So that. Under the ancient practice these were formal words
used iii writs. In conveyancing such expression imparted an estate
upon condition. Used also as a preface to a stipulation in a submission to arbitration. See Ita Quod Arbitrium Fiat Pr^emisbis.
IT A QUOD ARBITRIUM FIAT PILE MISSIS. So that arbitration be made on the premises.
ITA QUOD HABEAS CORPUS. So that you have the body.
1TINERIS. Of the journey; of the voyage. ,J
JETSAM. Goods which have been voluntarily east overboard to lighten a vessel in some emergency; goods which upon being cast into the ocean, there sink and remain under water; goods cast into the sea by way of jettison (see Jettison) and which sink below the surface of the water. See Flotsam; T.iiian.
JETTISON. The throwing overboard of goods or merchandise for the purpose of easing a ship in time of danger or distress. See Flotsam; Jetsam i Lie an. If, instead of being thrown overboard, the goods are put into boats or lighters, and lost or damaged before reaching the shore, such loss is regarded as a virtual jettison, and gives a claim to average contribution.
JOINT TOET-FEASOES. Wrong-doers; two or more persons who commit a tort. Bee Tobt-Feaboi. Where several persons jointly commit a trespass or injury they are joint tort-feasors and may be sued jointly, any number less than the whole may be sued, or each one may be sued separately.
JUDICATA. Adjudged; already decided. See An judicata.
JUDICIS. See Ex Abbtthio Judiois.
JUDICIUM. The judiciary.
JURAT. He swears. The official clause or memorandum written at the end of an affidavit, deposition, or other instrument, stating the time when and the person before whom it was acknowledged or sworn to.
JURE. By right. See De Jcbe; Jure Belli; JulE Mabiti-, Jube Uxobis.
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JURE BELLI. By right of war; by the law of war. Quasi jure belli. As if by right of war; as if by the law of war; by the taw of war, as it were. The right of maritime officials to arrest private persons may be derived from authority to capture and arrest jure belli or quasi jure belli. See 19 Cyc. 336.
JURE MARIT1. By the right of a husband; in the right of a husband. See Jube Uxoris.
JURE UXORIS. By the right of a wife; in the right of a wife. See Jube Mabiti.
JURIDICUS. See Dies Non JuEiDiccfl.
JUS. A right. See Jus ad Rem ; Jus Dispoitendi ; Jus Gentium; Jus in Personam; Jus in Re; Jus in Rem; Jus Tenendi; Jus Tebth.
JUS ACCRESCENDI INTER MERCATORES LOCUM NON HABET. A maxim meaning " The right of survivorship has no place among merchants." Among partners there is no survivorship as there is in case of joint tenants.
JUS ACCRESCENDI INTER MERCATORES LOCUM NON HABET, PRO BENEFICIO COMMERCI. A maxim meaning " The right of survivorship does not exist among merchants for the benefit of
JUS AD REM. A right to a thing. A right exercised by one person over a particular article of property in virtue of a contract or obligation incurred by another person in respect to it, and which is enforceable only against or through such other person. Distinguished from "jus in re." See Jus in Re The disposition of modern writers is to use the term " j'us ad rem" as descriptive of a right without possession and " jus in re " as descriptive of a right accompanied by possession. In a wider sense the former denotes an inchoate (see Inchoate) or incomplete right to a thing; the latter, a complete and perfect right to a
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JUS DISPONENDI. The right of disposing; the right to part with a thing; the right to give away property. In the latter sense the term is applied to disposition by will. In the more general sense the term is used to signify the right of alienation of property.
JUS GENTIUM. The law of nations; the law which natural reason and justice has established among nations; the law which all nations use; international law. • Under the Boman law the phrase had much wider scope than what we now call " international law." It was originally a system of law or equity gathered by the Romans from the common ingredients in the customs of the old Italian tribes, to be used in cases where their own law did not apply. The term eventually became somewhat synonymous with equity, as such practice was understood by the Romans. During the latter period of the Roman law, under the doctrine of consensual marriage, -so-called "free marriage" husband and wife were regarded as partners, and the marital rights of the husband were those of the Jus Gentium, namely, the right to choose a domicile, the right of her society (see Consobttum), the right of regulating household expenses, and the right of custody and education of children. See 21 Cyc. 1148.
Jus gentium privatum.— Private international law. Laws of nations which have for their object the conflict between the laws of different nations. Jus gentium publicum.— Public international law. The system of laws or rules governing the intercourse of nations with each other as persons.
JUS IN PERSONAM. A right considered with respect to some particular person against whom it may be asserted. See Jus in Rem.
JUS IN RE. A right in a thing; the absolute right which exists in a thing and which is the same against the whole world; complete dominion over a thing available against all persons. See
Jus ad Rem.
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K. B. An abbreviation for " King's Bench." K. C An abbreviation for " King's Counsel."
L
LACHES. Negligence; remissness; inexcusable delay; unreasonable delay; neglect to do a thing at the proper time; delay in asserting a right; such delay as warrants a court in refusing relief. See 16 Cyc. 152. Laches presupposes not only lapse of time, but also the existence of circumstances which render negligence imputable, and unless reasonable diligence is shown In the prosecution of a claim to equitable relief, tbe court, acting on the maxim Vigilantibuft non dormicntibus aubvfnient tegis (see ViorLANTinus Non Dormientibub Si* tenient Leo is) will decline to interfere.
LffiSA. Injured. See Lmb/l Majestas.
LMSA MAJESTAS. Injured majesty; high treason. This phrase was taken from the civil law, and formerly meant any offense against the king's person or dignity. See Lebe Majesty-, Leze Majesty; Crimen ~Lxbx Majestatis.
LATA. Gross. See Lata Culpa.
LATA CULPA. Gross fault; gross neglect; extreme negligence; extreme carelessness. See Levis Culpa; Levissima Culpa. Frequently used in the law of bailments.
JUS IN REM. A right to the thing itself as against all the world, ai distinguished from "jut in personam." See Jus in Personam.
JUS TENENDL The right of holding.
JUS TERT1I. The right of a third party; the interest of a third party. Where a party, upon being sued for property, defends upon the ground that title is in a third person, he is said to set up the jug tertti.
JUSTITLS. See Ex Dkbito Jubtttlb.
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LEGEM. Law; the law.
LEGIS. Of the law. See In Custom a Legis.
LEGIS INTERPRETATIO LEGIS TIM OBTLNEI. A maxim meaning " The interpretation of the law obtains the force of the law."
LEGITIMA. A guardianship created by operation of law. See 21 Cyc. 19. See also Tutela.
LESE-MAJESTY. Injured majesty. Same meaning as "liesie majestas (see lL-eba Majestas) and in more common use than that term in modern times. See Crimen L-eb-e Majestatis.
LETTER OF CREDENCE. An instrument addressed by the sovereign power of one state or nation to another sovereign power to which an ambassador or minister is sent, certifying his appointment and quali Beat ion, and bespeaking credit for his official actions and conduct. When it is given to an ambassador, an envoy, or a minister accredited to a sovereign, it is addressed to the sovereign or state to whom the minister is delegated.
In case of a charge d'affaires (Bee Charge d'affaires ) it is addressed by the secretary or minister of state charged with the department of foreign affairs to the minister of foreign affairs of the other government. LETTERS ROGATORY. An instrument or formal communication by which the court of one nation informs the court of a foreign nation that a certain claim is pending in which the testimony of certain witnesses who reside within the jurisdiction of the foreign court is required, and requesting such foreign court to take depositions, or cause them to be taken, for the furtherance of justice. To this request is added an offer on the part of the court making it to do the like for the other court in a similar case. See 13 Cyc. 892. See also Rogatory Letters. LEY AMEN. Relief. See Levawen Probationis, LEYAMEN PROBATIONIS. Relief from proving; dispensation from proving.
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LEVANT. Rising up.
LEVANT ET COUCH ANT. Rising up and lying down; lying down and resting. Applied to trespassing cattle which have remained long enough on the ground to have Iain down to rest and risen up to feed; generally the space of a night and a day, or, at least, one night. Sec 26 Cyc. 188.
LEVIS. Slight See Levis Culpa,
LEVIS CULPA. Slight fault; slight neglect; slight negligence.
Frequently used in the law of bailments. See Culpa.
LEVISSIMA. Slightest. See Levtbbima Culpa. LEVISSIMA CULPA. The slightest fault; the slightest neglect; the slightest negligence. Frequently used in the law of bailments. See
LEX. Law.
LEX DOMICILIL The law of the domicile; the law
of the place where a person has his domicile. LEX FORL The law of the forum; the law of the court; the law of the place where the remedy is sought; the law of the jurisdiction where the remedy is pending; the positive law of the state, countrv, or jurisdiction of whose judicial system the court where the suit is brought or remedy sought is an integral part.
So far as the law affects the remedy the lea fori, the law of the place where that remedy is sought, must govern.
So far as the law of the construction of the legal operation and effect, of the contract is concerned, it is governed by the law of the place where the contract is made. See Lex Loci Contractus. LEX LOCL The law of the place.
Generally used in connection with many legal phrases.
Lex loci actus.—The law of the place of the thing done; the law of the place of transfer of property or where some formal act has been done.
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Lex loci contractus.— The law of the place of the contract; the local law which governs as to the nature, construction, and validity of the contract.
Lex loci delictus.—The law of the place where the crime was committed; the criminal law applicable to a crime in the jurisdiction where such crime took place.
Lex loci rei sit(e.—The law of the place where a thing is situated; the law of the place where the subject-matter of the action is situated. " Real property as to its tenure" (see Tenube), " mode of enjoyment, transfer, and descent, is to be regulated by the lex loci rei sittx."
Lex loci solutionis.— The law of the place of solution; the law of the place where the contract Is to be performed; the law of the place where payment is to be made. LEX MERC A TOR IA The law of merchants; the system of usages of commerce in force in commercial nations generally and recognized by courts as part of the law of the land. LEX HON COGIT AD IMPOSSIBILIA. A maxim meaning "The law requires nothing impossible;" or " the law does not compel tlie doing of impossibilities."
Does not apply where a thing is impossible merely on account of a party's inability to perform the contract.
LEX NON CURAT DE MINIMIS. A maxim meaning " The law does not care for trifles." See De Minimis Non Curat Lex.
LEX NON SCHIPTA. The unwritten law; the law of custom; the common law. The common law is held to include general and particular customs and particular local laws.
LEX SCRIPTA. The written law; the statute law. Such law derives its force, not from usage or custom, but from express legislative enactment.
LEX SITUS. The law of the place where the property is situated.
HI
The more modern expreuion presenting the same meaning as - lea: loci ret sitw." See Lex Loci Rei Sit*.
LEX TEMPORIS. The Uw ..f the time.
LEZE-MAJESTY. Same meaning as " lasa ma/es-tas." See L.«sa Majestab.
LIBERUM, Frank; free. See Liberum Tenementum.
LLBERUM TENEMENTUM. Freehold; frank tenement. See Frank Tenement; Freehold; Tenement.
LIBITUM. See Ad Libitum.
LIE IN GRANT. Property which passes by force of the grant; property conveyed by deed, and without livery of seizin. See Livery of Seizin. Incorporeal hereditaments (see Incorporeal Hebe DITamentb) are said to "lie in grant."
LIE IN LIVERT. Property which passes by livery of seizin (see Livert op Seizin) and not by grant.
Applied to corporeal hereditaments (see Corporeal Hereditaments), freehold estates in land. See
LIGAN. Goods cast adrift or sunken at sea, but attached to something on the surface, as a buoy, in evidence of ownership. See Flotsam; Jetsam; Jettison.
LIMINE. See In Limine.
LINGUA. See De Metjietate Lingua
LIS. A controversy; a suit; an action at law; litigation. See 25 Cyc. 1446. Used to denote any kind of action, and was more generally used in the civil law than the word " actio." See Actio.
LIS PENDENS. A pending suit; an action pending; pending litigation. The control which a court has over the property involved, during the pendency of the action. A formal notice recorded against land against which there is a pending action. See 25 Cyc. 1449.
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When the lis pendens is filed it amounts to legal notice to all the world that there is a dispute as to the title.
LITEM. See An Litem; Ante Litem Mot am ; Guardian ad Litem; Post Litem Motam.
LITERATIM. Letter for letter.
LITTORAL. Pertaining to the shore; belonging to the shore; situated on the shore. Used adjectively of owners, trade, fishes, and vegetation. Also used coextensively with " riparian * (see Riparian), but is more properly used only in connection with the shores of the sea or great
The littoral zone is situated between high and low water marks.
LIVERY. Delivery; tradition; transference; the ancient formality bv which possession of a freehold was transferred.
Livery in deed.— In this form of livery the parties entered together upon the land, and there a twig, clod, key, or other symbol was delivered in the name of the whole.
Livery in law.— In this form of livery the symbolic ceremony of delivering a twig, clod, or key was performed not upon the land itself, but in sight of it.
Livery of seizin.— The delivery of the possession of lands, tenements (see Tenement), and hereditaments (see Hereditaments) unto one entitled to the same; delivery of corporal possession of land. This was the ancient ceremony of feudal (see Feudal) investiture. It was effected by going on the land, where the feoffor (see Feoffor) declaring in the presence of witnesses the nature of the transfer which later was always expressed in a deed or charter) delivered to the feoffee (see Feoptke) a clod, turf, twig, or bough, or, if the feoffment [see FmrfMP.nt) was of a house, the ring or latrh of the door. In America this ceremony is »lmo»t unknown, and it has been abolished in England, In modern conveyances the delivery and recording of the deed have the same effect.
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LOCATIO. The hire; the thing. A kind of be.il-
Locatio custodian.— The hiring of the custody of things; a letting to keep; a bailment of goods
Locatio opens faciendi.— The hire of services upon a thing. Used in bailments where work and labor, care and pains are to be bestowed upon the thing delivered. See 5 Cyc. 163. See also Opebib Faciendi. Locatio operis mercium vehendarum.— The hiring of the carriage of things-, the hiring of labor in the carriage of goods. Used where goods are bailed, for the purpose of being carried from place to place, either to a private person or to a person exercising a public employment as a carrier. See 5 Cyc. 184, Locatio rei.— The hiring of a thing; the letting of a thing to hire. The bailment or letting of a thing to be used by the bailee for a compensation to be paid by the latter.
LOCATTJH. A hiring for reward; a bailment for compensation.
LOCL Of the place. See Lex Loci.
LOCO. In place of. See Fill* Loco.
LOCO PARENTIS. See In Loco Parentis,
LOCUM. Place.
LOCUS. The place; the place where the thing is
done; the locality. LOCUS CONTRACTUS. The place of contract; the
place where a contract is made. See Lex Loci
Contractu b.
LOCUS CHIMIN'S. The place where a crime was committed; the locality of the crime.
LOCUS DELICTI. The place of the offense; the place where the offense was committed. See Lex Loci Delictus.
LOCUS LN QUO. The place in which; the place in which the cause of action arose, or where anything is alleged in pleadings to have been done.
R4
How generally used in actions of trespass, quore clausum frcgit (see Qcare Clauhum FbeoIT) to designate the area of land upon which the trespass is alleged to have been committed.
LOCUS POZNTTENTliB. A place for repentance; a chance of repentance; a space of time for repentance; the opportunity to change one's mind; a point in .1 person's course at which it is not yet too late to change his legal position, the possibility of withdrawing from a contemplated obligation belore being committed to it Also used of ) chance afforded a person, by circumstances, of relinquishing the intention which be has formed to commit a crime.
LOCUS REI SITJE. The place where a thing is situated; the place where property is located. See Lex Loci Rei Sit.k.
LOCUS SIGILLI. The place of the seal; the place occupied by the seal of written instruments; a term (usually abbreviated to "L. S.") used in making a copy of a sealed instrument to indicate where a seal was affixed to the original. In some of the states such symbol is allowed to be used as and for a common-law seal.
LOQUITUR. Speaks.
L. S. See Locub SlalLLI.
LUCRL Of gain; of lucre. See Ltjcbi Causa.
LUCRI CAUSA. For the sake of lucre; for the sake of gain; with a view to pecuniary profit. A phrase of the civil law corresponding with the common-law phrase "Animus Furandi." See Animus Fubandi. It Is descriptive of the Intent with which property is stolen.
H
MAGNA. Great; gross.
MAGHA NEGLIGENTLY CULPA EST: MAGNA CULPA DOLUS EST. A maxim meaning "Gross negligence is fault; gross fault is fraud." Bee Culpa; Dolus.
MAJESTAS. Majesty. See l.esa Majestas. MAJOR. Greater. MALA. Dad-, wrongs.
MALADMINISTRATION. Wrong administration; faulty management of affairs, vicious or defective conduct in the r**rfornianiv uf unVial clu;i("-Applied particularly to executors and administrators in their dealings with the estate of a deceased petson.
MALA FIDE. In bad faith; with bad faith; fraudu lently; deceitfully; treacherously. Used in contradistinction to " bona fide." See Bona Fide.
Mala fide possessor.—A person who possesses a subject not his own, upon a title which lie knows to be bad, or which he has reasonable ground for believing to be so. MALA FIDES. Bad faith; insincerity; fraud.
Used in contradistinction to " bona fides." See Bona Fides.
MALA IN SE. Wrongs in themselves; things bad in themselves; immoral acts; offenses against
Plural of Malum in He. See Malum in Sr. MALEFICIO. See Ex Maleficio. MALFEASANCE. The wrongful or unjust doing of
some act which the doer has no right to perform,
or against which he has stipulated by contract.
See Ex Delicto; Misfeasance. MALUM. An unlawful thing; a wrong. MALUM IN SE. A thing unlawful because an evil ¦ in itself; wrong in itself; an act pernicious in
its very nature; a thing which is inherently
wrong.
An act is said to be malum in se when it is inherently and essentially evil, that is. immoral in its nature and injurious in its consequences, without any regnrd to the fact of its being noticed or 'punished by the law of t!ie state. Such are most or all of the offenses cognizable at common law, such as murder, larceny, ete.
sa
MALUM PROHIBITUM. A wrong prohibited; a forbidden evil; an act made wrong by statute; an act involving an illegality resulting from positive law.
An act is said to be malum prohibitum when it is wrong only because prohibited; that is, it is not inherently immoral, but becomes illegal because its commission is expressly forbidden by
MALUS. Wrong. See Dolus Malus.
HALUS ANIMUS. Wrong mind; wrong motive; actuated by wrong motive; evil minded; a condition of the mind denoting malice. See Mens Rea.
MANDAT10. See Ex Mandatio Regis.
MANDATUM. A bailment or pledge where the subject of the bailment ia to have something done to it by the bailee without recompense; a delivery that something may be done upon the chattel gratuitously, a commission without recompense. See Commodatum ; Depositum.
MANENDI. See Animus Manendi.
MARITI. Of a husband. See Jube Mabiti.
MATER. Mother.
MATERIA. Matter; subject; subject-matter. See In Pari Materia.
MATRIMONII. See A Vinculo Matrimonii.
MEANDER. A winding course; a crooked course; to wind in its course; to turn In its course; the winding of a stream; the bend of a stream. Used in some jurisdictions with the meaning of surveying and mapping a stream according to its meanderings, or windings and turnings. Meander line.—A line forming a part or the whole of & meander; a line forming the course of a meander in surveying; a line which follows the course of a stream; a path on which the directions, distances and elevations are noted, as a part of a survey of a country. A line forming the course of a meander in surveying.
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MEDIETAS LINGUJE. See De Medietate Li.ngu.*:. MELIUS. Better.
MELIUS INQUIRENDUM. To be better inquired into; to make a better search; to inquire further. Where authorities of an insane asylum have reasonable doubt as to the right to detain a patient, they may apply for a melius inquirendum to decide whether such patient is. a fit subject for detention. See 22 Cyc. 1160, 1161. In old English law, this was the name of a writ commanding a further inquiry respecting a matter; as, after an imperfect inquisition in proceedings in outlawry, to have a new inquest as to the value of lands.
MENS. Mind; purpose; intent.
MENS A. From board. See A Mens a et Thobo.
MENSA ET TA0R0. From bed and board. See A Mens a et Thobo.
MENS REA. A guilty mind; a guilty purpose; a wrongful purpose; a criminal intent. See Malus Animus.
MENTIS. See Compos Mentis; Inbanjs Mentis;
Non Compos Mentis. MENTIUM. See Aqqbeoatio Mentium. ME RCA TORES. Merchants.
MERCATORIA. Commercial; pertaining to merchants. See Lex Mebcatobia.
MERO. See Ex Mebo Motu.
MERO MOTU. See Ex Mhro Motu.
MESNE. Intermediate; intervening.
MESNE PROFITS. Intermediate profits; intervening profits; profits which have accrued between two given periods. The value of land between the time of wrongful entry and dispossession; the value of land during wrongful possession. Action of mesne profits.—An action to recover profits derived from land, during the wrongful possession of another person. This action was
formerly an action of trespass for meane profita, being a species of the action of trespass vi et armis (see Trespass Vi et Armis). MESSUAGE. The dwelling-house.
In latter flays considered synonymous with " dwelling-house," although originally it had a more extended meaning, embracing the orchard, garden, curtilage (see Curtilaoe), and adjoining buildings.
MTNAS. Threats. See Duress Per Minas. MINORS JETATE. Minority. See Durante Minore
JiTATE.
MISERICORDIA. Mercy; a fine or amercement; an arbitrary or discretionary amercement. See Amercement,
MISFEASANCE. A trespass; a misdeed; a wrong done; the doing of a lawful act in an unlawful or improper manner; the doing of an act in a culpably negligent manner. In modern use, more specifically, the misuse of power; misbehavior in office; the wrongful and injurions exercise of lawful authority. Distinguished from nonfeasance (see Nonfeasance) and malfeasance (see Malfeasance), In which latter sense it is sometimes carelessly used.
MISNOMER. Misnaming; mistake in name; applying a wrong name or designation; an error in name; misstatement in instrument of the name of a person.
MITORI. Milder; more favorable. See In Mttobi Sensu.
MITORI SENSU. In a milder sense; in the more favorable acceptation. See In Mitori Sensu.
MODUS. Condition; custom; manner; mode; principle; qualification; restriction.
MODUS ET CONVENTIO VINCUNT LEGEM. A maxim meaning " Custom and agreement overrule the law;" " custom and agreement supersede the law;" or "the form of the agreement and the convention of the parties overrule the law."
S!i
MODUS OPERANDI. A mode of work; a plan of work; a mode of operation; the principle upon which work is done.
MOIETY. A half; an individual half; the equal part of anything. Joint tenants are said to hold by moieftea. See Pes My et Per Tout.
MORES See Contra Bonos Mores.
MORTIS. Of death. See Causa Mortis; Donatio Mortis Causa.
MORTIS CAUSA. By reason of death; in contemplation of death. See Donatio Mortis Causa.
MORTOTJS. See Civiuter Mortuub.
MOTAM. See Ante Litem Motam; Post Litem Mot am.
MOTU. See Ex Mero Motu; Ex I'hoprio Motu.
MUHICIPIUM. A free city; an Italian town, with local rights of self-government and some of the privileges of Roman citizenship. See 28 Cyc. 121.
MUTATIS MUTANDIS. The necessary changes having been made; those things having been changed which were to be changed; with the necessary changes in point of detail.
N
NATURX. See Animaeia Few Nature; Domit-B
Nature; Ft.r.t Do mit.*:; Fee.*: Natur.b, NATURALES. Natural. See Pructus Natubales. HE. Not,
NECESSITATE. See Ex Necessitate; Ex Necessitate Legis; Ex Necessitate Rei. HE EXEAT. That he go not.
A writ issuing out of chancery forbidding a certain person, to whom it is directed, from going out of the jurisdiction of the court. An abbreviation ,if " .Ye Exeat Regno." See Ne Exeat Regno.
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NE EXEAT REGNO. That be go not out of the
kingdom.
Under the ancient English practice this was a high prerogative writ, originally used only for political purposes.
Under the modern practice it has become a mere process between private persons in equity causes and is used to prevent the removal of the person or property out of the realm. NEGLIGEHTIA. Negligence. See Cbassa Negli-
KE TJNQUES ADMINISTRATOR. Never adminls-
A plea by which a defendant denies being an administrator when sued as such, or that the plaintiff is an administrator when be claims to be such in his declaration.
HE UHQUES EXECUTOE. Never executor. See Ne Ungues Admihistbatob.
NE UNQUES. Never.
NE VARIETUR. That it be not changed; let it not be changed; let it not be altered. Sometimes written by a notary on a negotiable instrument for the purpose of establishing its identity, but which constitutes no restriction upon its negotiability. NIHIL, Nothing.
The return of a sheriff upon certain writs upon which he has attempted execution. See Nihil
NIHIL CAPIAT PER BILL AM. He takes nothing by his bill.
This form of judgment is used where the plsintiff has commenced proceedings by bill. NIHIL DEBET. He owes nothing. See Nil Debet. NIHIL DICIT. He says nothing.
The name of a judgment which is entered against a defendant who faili to plead or answer the complaint or declaration of the plaintiff within the time limited for pleading. The judgment
91
is entered as of course, and is sometimes called a judgment " for want of a plea." See Nil
NIHIL HABET. He has nothing.
Return made by the sheriff upon a writ of " scire facias." See Scire Facias. NIL. Nothing.
NIL CAPIAT PER BREVE. He takes nothing by his writ or declaration.
NIL DEBET. He owes nothing.
The plea of the general issue in all actions of debt on a simple contract.
NIL DIGIT. He says nothing.
Same term as " Nihil Diril." See NiniL DiCIT.
NISI. Unless; if not.
Frequently affixed to the words, ordei, decree, etc., and used as an elliptical expression to indicate that the adjudication mentioned is one which shall be valid and operative unless cause be shown against it or Borne steps taken to procure its revocation. Used in contradistinction to the word " absolute." Thus a " decree nisi" is one which will definitely conclude a party's rights unless set aside for cause shown, or an appeal is successful. Where a "rule nisi" is finally confirmed for failure to show cause against it, is is said to be " made absolute."
NOBIS. See Coram Nobis.
NOLENS VOLENS. Willing or unwilling; consenting or not consenting.
NOLLE PROSEQUI. To be unwilling to proceed; a formal entry of record that the action or proceeding will 'not he further prosecuted, either in whole or part. In civil actions an acknowledgment by the plaintiff that he will not further prosecute his suit, na to the whole or a part of the cause of action, or aeiinst some or one of several defendants. In criminal cases a declaration of record from the legal representative of tlie government that ha
will not further prosecute the particular indictment or some designated part thereof.
Its legal effect is in the nature of but does not amount to a retraxit. See Retraxit. It simply has the effect of a discontinuance. See Discontinuance, See 11 Cyc. 394.
Frequently abbreviated "tut. pros." See Nol. Pbob.
NOLO CONTENDERE. I do not contend; I do not contest.
A plea by a defendant in criminal proceedings by which, without admitting his guilt, he subjects himself to all the consequences of a plea of guilty. Under such plea the defendant may be sentenced. NOL. PROS. Unwilling to proceed. An abbreviation of " Nolle Prosequi." See Nolle Prosequi,
NOMEN COLLECTIVTJM. A word in the singular
number which is also expressive of the plural;
a collective name; a collective term; a term
including several of the same kind. The word " heir" in the singular is sometimes a
nomen collectivum including all the heirs. NOMEN GENERALISSIMUM. The most general
name; the most general term. By the use of the word "land" which is nomen
generalitsimum, everything terrestrial will pass. NON. Not.
NON ACCEPTAVIT. He did not accept.
The name of a plea to an action of assumpsit (see Assumpsit) brought against the drawee of a hill of exchange by which he denies that he accepted the same.
NON ASSIGNAVIT. He did not assign.
A plea sometimes resorted to in actions upon commercial paper in which a party denies that he assigned the instrument in question,
NON ASSUMPSIT. He did not undertake; he did
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The general plea or denial in an notion of assumpsit. See Assumpsit. I'ruler tliis pica almost any matter of defense that will defeat the action may be given in evidence.
NON COMPOS. See Non Compos Mentis.
HON COMPOS MENTIS. Not of sound mind; not of sound understanding; not having a normal use of reason; not mentally capable of managing one's own affairs; insane. As a noun, the term is used to indicate an idiot; a lunatic; or one devoid of reason-Very general in its application, including all species of madness, whether arising from idiocy, lunacy, sickness, accident, or drunkenness. Sometimes abbreviated '* non compos." See Compos Mentis.
HON CUL. See Non Culpahtlis.
the more modern term of " not guilty * occurs Frequently abbreviated to " non cul." or " non
NON DAMNIFICATUS. Not injured; not damnified. The plea to an action of debt on a bond of indemnity in which it is alleged that the plaintiff has received no injury, or has not been damaged. It is in the nature of a plea of performance, being used where the defendant means to allege that plaintiff has been kept harmless and indemnified according to the tenor of the condition.
HON EST. He is not found.
An abbreviation of the phrase " non eat inventus;" also abbreviated " n. e.," or written in English, " Not found." Sometimes used adjectively, meaning not there, absent, etc., as, they found him "non esf"; he was " non eat." See Non Est Inventus.
HON EST FACTUM. It was not done; it is not his act; it is not his deed.
The plea of the general issue (see Ge.nf.kal Is-Sue) in an action of debt on a bond or other written instrument, denying that such instrument was made by the defendant. Under this plea the defendant may contend that the deed was never executed in point of fact; but he cannot deny its validity in point of law.
HON EST IKFORMATDS. He is not informed; be is not instructed.
NOH EST INVENTUS. He is not found; I have not found him.
The sheriff's return upon a writ directing the arrest of the body of the defendant, where the latter cannot be found within his jurisdiction. NONFEASANCE. Tlie neglect or failure of a person to do some act which he should perform. See Misfeasance.
Not generally used to signify a breach of contract but rather the failure to perform a duty toward the public whereby some individual sustains an
NON FECIT. He did not make it.
A plea in an action of assumpsit (see Assumpsit) upon a promissory note, denying the making of the instrument.
NON hjec IN FOXDERA VF.NI. I did not come to these terms; I did not agree to such terms. Sometimes applied to amendments and material changes in the objects and purposes of a corporation against the will of a dissenting stockholder, whereby he Is released from his contract. See 10 Cyc. 209.
NON INFREGIT CONVENTION EM. He has not broken the contract; he has not violated the covenant.
A plea in the action of covenant which merely denies that the defendant has broken the covenant upon which he is sued. It being in the negative, it cannot be used where the breach is also in the negative. NON JITDICE. See (Oram Non Jumce.
OS
HON JUS, SED SEISINA, FACIT STIPITEM. A
maxim meaning " Not right but seizin (see Seizin) makes a stock." It is not mere right to enter upon lands, but actual seizin, which makes a party the root or stock from which all future inheritance by right of blood must be derived.
NON OBSTANTE. Notwithstanding.
NON OBSTANTE VEREDICTO. Notwithstanding the verdict
A judgment non obstante veredicto is one entered for the plaintiff by order of the court notwithstanding the fact that a verdict has been rendered in favor of the defendant. Such judgment is entered wliere it appears from the record that, either from some matter growing out of the pleading, or because the fact found by the jury is immaterial, the defendant is not, in law, entitled to judgment. It can only be given in favor of plaintiff, the remedy of the defendant being by motion in arrest 01 judgment. NON POTEST DELEGARE. It cannot be delegated. See Delegatus Non Potest Delegare ; Potest Delegare Non Est Deleqanda. NON PROS. To decline to prosecute; to fail to prosecute; to allow to be dropped.
Sometimes applied to the judgment rendered against the defaulting party, who is said to be " non prossed."
An abbreviated form of " non proseguirur." See Non Prosequitur.
The judgment of non pros, is said to be in effect a judgment by default for laches. See 23 Cyc. 734.
NON PROSEQUITUR. He does not prosecute; he does not pursue; he does not follow up. A judgment entered against the plaintiff in an action when he does not appear or prosecute his
The judgment of non prosequitur or non pros (see Non Pros.) is given against a plaintiff for his default or neglect to take any of those steps
on
in the proceedings which lie is required to take in due time; as, a failure to file a declaration or reply, to amend pleadings after demurrer, or appear when the case is called for trial. In those jurisdictions where this term is no longer employed, its equivalent is judgment of " dismissal for want of prosecution." See 23 Cyc. 735. See Nolle Prosequi.
HON SCRIPT A. Not written; unwritten. Bee I*x Non Scripta.
NON SEQUITUR. It does not follow.
NON STJI JURIS. Not his own master.
Used in contradistinction to " suit juris" See Sui Jt'bis.
NOH TENENT IHSIMUL. They do not hold together-, they do not occupy jointly. A plea to an action in partition, by which the defendant denies that he holds the property jointly with plaintiff. The plea of non fenent tnsimtil constituted the general issue (see General Issue) in actions of partition at common law. This plea put in issue all the material allegations of the complaint, and seems to have been so comprehensive as to authorize defendant to place in evidence every conceivable fact which, if proved, would prevent the plaintiff's recovery.
NON-USER. Neglect to use; failure to use a right; neglect to use a privilege. Applied to the failure or neglect to use a franchise, easement, office, or other right.
NOSCITUR. Is known.
HOSCITUR A SOCIIS. He is known by his companions; it is known by its associates; it is discoverable by what precedes and follows; the meaning of a word may be determined from the meaning of words associated with it.
HOTABILIA. See Bona Notabilia.
HOVA. New.
HOVATIOH. Making new; the introduction of something new; innovation. The substitution of one
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debt for another; the substitution of a new obligation for an old one; which is thereby extinguished. Originally a technical term of the civil law, but is now in general use both in English and in American jurisprudence. See 29 Cyc. 1130. In the civil law there are three kinds of novation: First, where the debtor and creditor remain the same but a new debt takes the place of the old one; Second, where the debt remains the same but a new debtor is substituted; and, Third, where the debt and debtor remain the same hut a new creditor Is substituted.
NOVO. See De Novo; Venibe De Novo.
NUDUM. Bare; naked; nude.
NUDUM PACTUM. A nude pact; a naked contract; a bare agreement; a promise without consideration.
A contract under seal cannot he held to be nudum pactum since the seal itself imports a con-
NUL. No.
NUL DISSEISIN. No disseisin. See Disseizin. The plea of the general issue (see General Issue) in a real action by which the defendant denied that there was any disseizin. This plea passed as the general issue, hut its scope was very narrow. See 15 Cyc. 1077.
NULLA. No.
NULLA BONA. No goods.
The return made by the sheriff on a writ of execution when he has not found any goods of the defendant on which he can levy within his jurisdiction.
NULLIUS. Of nobody. See Finns Nuixius ; Nul-
LTUS FlLTUS.
NULLIUS FILIUS- The son of no one; a bastard; a natural child.
¦J9-
At common law a Us atari! was considered nulliux filing so far as his right to inherit was concerned. This rule has, in most states, been changed by statute so as to make him tbe child of his mother for the purpose of inheritance. See Filius Num.VS. NTJLLO EST ERRATUM. There is no error.
The common plea of joinder which alleges that there is no error in the record or proceedings, and prays that the court may proceed to examine the record and affirm the judgment. NULLUM TEMPUS OCCURRIT REGI. A maxim meaning "Time does not run against the king; no lapse of time bars the king."
This ancient maxim was based on the principle that laches (see Laches) could not be imputed to tbe king, whose attention was supposed to be occupied with tbe cares of the government. Later the common-law rule was changed by statute and tbe crown was barred in certain cases therein provided. NUL TIEL. No such.
NUL TIEL CORPORATION. No such corporation. A plea denying tbe existence of an alleged corporation.
NUL TIEL RECORD. No such record.
A plea denying the existence of any such record as that alleged and upon which the cause of action is hased. It is sometimes used to deny the jurisdiction of the court from which the alleged record emanates.
NTJMERANTER. Are numbered.
NUNC PRO TUNC. Now for then; with the same effect as if regularly done. Applied in a retroactive sense to acts done after the time for their performance has elapsed, as where a proceeding has been delayed by action of the court or upon some unavoidable ground it is allowed to be dated as if it had taken place
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O
OBITER. By the way; in passing.
OBITER DICTUM. A thing said hy the wajj ft remark made in passing. Something said by the way or incidentally, and not as the result of deliberate judgment; an incidental opinion given by a judge, in contradistinction to his judicial decision of the essential point. See Dictum.
OB TI NET. Obtains.
OCCURRIT. Runs.
OFFICII. See Colore Officii.
OFFICIO. See Ex Officio; Functus Officio.
OFFICIUM. Office.
OMNIA. All things.
OMNIA PRjESUMUNTU R CONTRA SPOLIA-TOREM. A maxim meaning "All things are presumed against the despoiler;" or " all things are inferred against one who destroys evidence." This maxim signifies that if a party by his own wrongful act withholds evidence in the case or destroys the same there will result a presumption against him in the eyes of the law.
OMNIA PRXSUMUNTUR RITE ESSE ACTA. A maxim meaning "All things are presumed to be rightly done;" or "all things are presumed to be done in due form." Courts are inclined to uphold official and judicial acts, rather than render them, inoperative and Void, and where there is general evidence of acts having been legally and regularly done, proof of circumstances, essential to the validity of such acts, and by which they are accompanied, will, under most circumstances, be dispensed with. The extent to which presumption will be made in support of acts depends very much upon whether they are favored or not by law, and also on the nature of the fact required to be presumed. Such maxim does not apply to
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give jurisdiction in proceedings which are not according to the common course of justice.
ONERE. See Cum Onebe.
OPERANDI. Of operation; of work.
OPERATION OF LAW. The efficacy of the law without aid by intent of the parties. The phrase expresses the manner in which certain rights and liabilities devolve upon a person by the mere application of established rules of law, without the act or cooperation of the party himself. Thus, where a person acting in a fiduciary capacity gets title in his own name to the property of those for whom he is acting, a trust is created by operation of law.
OPERIS. Of work. See Locatio.
OPERIS FACIENDI. Of services to be done upon a thing; of work to be done. See Locatio.
ORE TENDS. By the mouth; by word of mouth; orally; verbally. Oral evidence is ore teiuts and pleadings were formerly so made. See Viva Voce.
OSTIDM. Door. See Ad Ostium Eccleblb.
OUSTER. A putting out; a putting out of possession; a dispossession; over. A species of injury to things real by which the wromr-doer gains actual possession and compels the rightful owner to resort to legal proceedings to regain his rights. See Disseizin.
OVERT ACT. An open act; a public act; an apparent act.
As commonly defined, an open or manifest act from which criminality is inferred. The better opinion is that the words open and manifest as used in this definition are in contrast not to secret and concealed acts, but to intent and words. The writing and sending of a letter may be an overt act, however secretly done.
In criminal law an overt act is an act done in pursuance and manifestation of a criminal design; the mere design and intent not being punishable without such act.
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OYER. A hearing; an inspection; the leading aloud of a written instrument. Under the ancient practice a party might "crave oyer " of a written instrument which constituted tie subject-matter of the suit; in other words, he petitioned that the same be read aloud to
In modern practice the term has come to mean the production of the document or a copy thereof.
P
PACEM. See Contra Paceac.
PACTUM. Agreement; contract; pact.
PAIS. Country. See Estoppel in Pais; In Pais,
PARENS. Parent.
PARENS PATRIJE. Father of the country; the state. In England the sovereign; in the United States the state.
PARENTIS. Of a parent. See In Loco Parentis.
PARI. See In Pari Delicto; In Pari Materia.
PARI DELICTO. See In Pari Delicto.
PARI PASSU. With equal progress; side by side; in complete accord; equally in proportion; ratably ; without preference; pro rata. See Pro
Applicable to the condition of creditors in marshalling assets, each being entitled to receive out of the same fund without any preference over each other.
PARTE. See Ex Parte; In Parte-, In Parte Sive in Solidum.
PARTES. Parties See Inter Partes.
PARTICEPS. One who shares; a participator.
PARTICEPS CHI MINIS. An accessory to a crime; a partner in crime; one who shares in or cooperates in r tort, fraud, or criminal offense;
Applied also to person psrticipating in immoral or illegal contracts that are not in themselves a crime. See In Pari Delicto.
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PARTIRL See Campum Partiri. PARTITIO. Partition. PARTUS, OtTspTing.
PARTUS SEQUITUR VENTREM A maxim meaning "The offspring follow* the mother;" or "the offspring belongs to the dam." Applied to the Condition of animals, and formerly of slaves.
Freemen follow the condition of the father. PASSU. See Paki Passu. PATER. Father.
PATERFAMILIAS. The father of a family; the master of a family; the head of a household; sometimes, the head man of a community; the chief of a tribe. Sometimes employed in a wide sense as equivalent to " mi juris.'' See Sui Jubis. In the narrower and more common use a paterfamilias is any one invested with potestas (see Potestas) over another person. It is thus as applicable to a grandfather as a father.
PATRLS. Of the country.
PATRIA POTESTAS. Paternal power; the authority of a father over his children. See Paterfamilias; Potestas.
PATRIS. See Ex Assensu Patbis.
PATRISFAMILIAS. See Dilioenb Patbisfamilias.
PAUPERIS. Of a pauper; of a poor man. See In Forma Pauperis.
PEDIS. Of the foot.
PEDIS P0SSESSIO. A possession of the foot; a
foothold; an actual possession. ¦ Used to denote one of the constituent parts of the
law of adverse possession which requires pedis
possessio or a substantial inclosure. PENDENS. Pending. Pee Lis Pendens. PENDENTE LITE. Pending the suit or action;
while a suit or an action is pending; during the
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Eregress of the suit; during the litigation. See is Pender s.
PENDENTE LITE NIHIL INHOVETUR. A maxim
meaning " During litigation nothing should be changed;" or "during litigation nothing new should be introduced." See 25 Cyc. 1*49.
PER. By; for; through.
PER ACCLDENS. By accident.
Sometimes descriptive of a nuisance.
PER ANNUM. By the year; for the space of a year; annually.
Of general use in calculating rent, interest, and deferred payments.
PER BILLAM. By his bill.
PER BREVE. By his writ or declaration.
PER CAPITA. By the head or polls; share and ¦hare alike; according to number; in proportion to the number. Much used in the law of descent and distribution, and denotes that method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent, without reference to their stocks or the right of representation. Used in contradistinction to per stirpes. See Per Stirfkb.
PER CAUSA DE VICINAGE. The right of the inhabitants of adjoining towns to have their beasts stray interchangeably in the waste hinds of each. See 8 Cyc. 348; Common Because or Vicinage.
PER CONTRA. On the contrary.
In bookkeeping the term denotes an entry of an opposite character to the one next preceding.
PER CURIAM. By the court. Used in reported cases to distinguish an opinion of the whole court from an opinion written by one
Sometimes denotes an opinion written by the chief justice, or presiding judge. See Pre Tot am Curiam,
104
PER DIEM. By the day; in each day; daily.
Used of the fees of officers and employees when computed by the number of days of service.
PER FALSUM CLAHOREM. liy false claim. See Pro Falbo Clamorb Suo.
PER FRAUD EM. By fraud; through fraud.
Where a plea alleges matter of discharge and the replication avers that the discharge was fraudulently obtained and is invalid, it is called a " replication per fraudem."
PERICULUM. Peril; risk.
PER LNDUSTRIAM. By industry; by exertion; by
Applied to the reclaiming or taming of wild animals by art, industry, and education. PER M1NAS. By use of threats. See Duress Per Mm as.
PER MY ET PER TOUT. By the half and by the whole; in part and entirely; of a moiety (see Moiety) and of all. See Per Tout et Non Per Mr.
In the law of real property this phrase is used to describe a joint tenancy, under which each tenant is conceived as owning the whole jointly, and nothing separately; nothing lielongs to him indi-vidually, and the* whole belongs to him in association with. his cotenants. The phrase is peculiarly applicable to a strict joint tenancy with the resulting right of survivorship, but some writers have deemed it equally appropriate to tenancies in common.
PERPETUAM. See In Pehpettjam.
PERPETUITY. A limitation of indefinite duration; an exemption from intermission or ceasing; a limitation of property which renders it inalienable (see Alienation) beyond the period allowed by law. See 30 Cyc. 1464. Any limitation which suspends the power of alienation of property for a longer period than a life or lives in being'and twenty-one years thereafter. In the case of a posthumous child (see Post-
liij
humous Child) the law allows ten months as
covering the possible period of gestation. See
Gestation. PEE QUOD. By which; whereby.
Used in common-law pleading to introduce a conclusion which follows from facts already stated.
It is sometimes used as the name of the clause
alleging special damage. PEE QUOD CONSORTIUM AMISIT. Whereby be
lost the company. Descriptive of the special damage resulting to a
husband from the beating or ill usage of his
wife. See Consortium. PER QUOD SERVITIOM AMISIT. Whereby he lost
tbe service.
Descriptive of the special damage resulting to a master from the beating or ill using of his servant.
PER SE. By himself; by herself; by itself; in itself; essentially.
Used of a concept or thing regarded apart from its relations to any other concept or thing. PERSONA. Person.
PERSONS. See Delectus Person*; Descriptio Person*.
PERSONAM. Person. See In Pebsonam. PER STIRPES. By roots; by stocks; according to representation. Much used in the law of descent and distribution and denotes that method of dividing on estate whereby property is distributed so as to give to representatives belonging to one branch the share only that their head or ancestor would have taken had he survived. Used in contradistinction to " per capita." See Per Capita. PER TOTAM CURIAM. By the whole court.
Used in reported cases to denote that the decision was given by the whole bench. See Pes Curiam.
106
PES TOUT ET HON PER MY. By the whole and not by the half. See Feb My et Pee Tout. Where the estate in fee simple (see Fee Simple) is given to a man and hit wife, they cannot take the estate by moieties (see Moiety) but both are seized of the entity per tout et non per my. PER VERBA DE FUTURO. By words of the future (tense). See In Futueo. Applicable to contracts of marriage. Per verba de futuro cum copula.— By words of the future with corporal consummation of the marriage; by words of the future accompanied by cohabitation.
PER VERBA DE PRESENT!. By words in the present (tense). Applicable to contracts of marriage. See In Pr*-
PIGNORI ACCEPTUM. A bailment by way of pledge; the pledge of what is bailed for the mutual benefit of the bailor and bailee. See 5 Cyc. 1(12. See also Pionub.
PIGNUS. A pledge; » pawn; a security; a delivery of n thing to a creditor as security for a debt; also the thing delivered; the contract of pledge; the right in the thing pledged. The essential idea of the word is the putting of property, whether personal or real, under the hand of the creditor or pledgee as security, so that, although the right of the owner was not extinguished, the creditor or pledgee could enforce his claims without legal proceedings or any effort to gain possession. This is also the essential idea In pawn and also in the strict use of pledge; while " Aypotkeea" (see Hy-fotheca) and mortgage imply that the owner retains possession, and that the creditor has only a right of action, or a right to demand possession in the contingencies agreed on.
PISCARY. The right of fishing; the privilege of
Common of piscary is the right which one person has to catch fish in the waters of another in common with the owner.
107
PLEGIUM. Pledge. PLEHE. Fully.
PLENE ADMIMISTEAVIT. He has fully adminis-
A plea by an administrator or executor by which he alleges that he has fully administered all of the assets of the estate that came into his hands and that there is nothing remaining out of which the plaintiff's claim can he satisfied.
Plene administrarit praeter.— He has fully administered except. A plea by which an administrator or executor alleges that he has fully administered the estate except a certain residue remaining in his hands but not of sufficient amount to satisfy the plaintiff's claim. PLENE COMPTJTAVIT. He has fully accounted.
A plea in an action of account in which the defendant alleges that he has fully accounted. This plea does not admit the liability of the defendant to account.
PCENITENTLX. Of repentance. See Locus Pceni-PONDERANTER. Are weighed.
PONE PER VADIUM. The name of an old English
writ, which has now become obsolete. It directed the sheriff to summon the defendant to
appear and answer upon plaintiff putting in
sureties to prosecute. It was so called from the
first words of the writ. Pone per vadium et salvos plegios.— Put by gage
and safe pledges. POPULUS. People.
POSSE. Possibility; power. See A Posse ad Esse; Ib Posse ; Posse Comitatus.
POSSE COMITATUS. The power of the county; the force of the county; body of men which the sheriff is empowered to call into service to aid and support him in the operation of the law, as in case of rescue, riot, forcible entry and occupation, etc.
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It include* all male persons above the age of fifteen
Comitatus is often omitted, and " posse " alone is used in the same sense. POSSESSIO. Possession.
POST. After; afterward; since; occurring afterward; past; behind in time. See Ex Post
It occurs in many Latin phrases.
Sometimes used in English, and is also very common as a prefix. See Ante. POSTHUMOUS CHILD. A child born after the death of the father; a child taken from the dead body of his mother by the Cesarean operation. See In Ventre Sa Mere.
Especially used in the law of wills and descent and distribution. POST-MORTEM. After death; subsequent to death.
Sometimes used to denote the inquisition issued by the coroner for the purpose of an autopsy.
Post-mortem examination.— An examination after death. An autopsy or examination of a dead body to determine the cause of death. POST-NUPTIAL. After nuptials; after marriage.
Used in contradistinction to " antenuptial". See Antenuptial.
Post-nuptial agreement.— An agreement entered into after marriage. An agreement by a father made after marriage, whereby he engages to provide for his child, is a poSt-Muplial agreement.
Post-nuptial settlement.— A settlement made after marriage. A settlement made after marriage upon a wife or children is sometimes called a " voluntary " settlement. POTEST. It can be.
POTEST AS. Power; authority; domination; empire. The power of a father over his children, the power
of a master over his slaves. See Paterfamilias;
Patria Potestas. POTESTATEM. See Dboimus Potestatem.
109
POTESTAS DELEGATA HON EST DELEGANDA.
A delegated power cannot be delegated. See Deleqata Potest as Non Potest Delegaei ; Non Potest Delegare. PRECIPE. A writ drawn in tbe alternative commanding something to be done, or requiring a reason for neglecting it; an order delivered by a plaintiff or his attorney to the clerk of the court requesting the issuance of a particular writ.
PRAEMUNIRE. The statutory offense of introducing a power within the realm in diminution of tbe authority of the crown; specifically the offense of paying obedience to papal processes, or of maintaining the papal power in England. Subsequently the penalties of prwmvnire were applied to other grave offenses, not connected with papal aggressions.
Pnemunire facias.—A writ (so called from the words with which the writ began) issued as the initial steps in the prosecution of the offense of prtemunire.
PRESENT! See In Pilebentl
PRJESUMUNTUR. Are presumed.
PRJETER. Except.
PRENDRE. See A Prendre; Profit A Prendre.
PRESCRIBE. To assert title by adverse possession; to assert a right, title, or interest to the enjoyment of a thing on the ground of having hitherto had an uninterrupted and immemorial use or enjoyment of the same. See Que Estate.
PRESCRIPTION. The right which a possessor acquires to property by reason of the continuance of his possession for a period filed by law; a mode of acquiring title to incorporeal hereditaments (see Incorporeal Hereditaments) grounded on immemorial or long continued enjoyment.
PRETIUM. Value.
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PBITTUM AFFECTION IS. a sentimental value; an imaginary value; a value based upon affection rather than upon actual worth.
PRIMA FACIE. At first sight; at first view j at first appearance; on the face of it; as far as can be judged from the first disclosure. Prima facie case.— A case established by prima facie evidence; a case consisting of evidence sufficient to go to the jury; a case established by evidence which can be only overthrown by rebutting evidence adduced by the adverse party. Prima facie evidence.— Evidence which establishes a prima facie case; such evidence as, in judgment of law, is sufficient to establish the fact, and, if not rebutted, remains sufficient for the purpose; that evidence which, not being inconsistent with the falsity of the hypothesis, nevertheless raises such a degree of probability in its favor that it must prevail if it be credited by the jury, unless it is rebutted or the contrary proved.
PRIMUS. First.
PRIORI. See a pbiobi.
PRIVATUM. Private. See J ire Genttux.
PRIVILEGIUM. Franchise; prerogative; privilege.
PRIVITY. Connection; interest; participation; complicity; mutuality of interests; the mutual or successive relationship to the same rights of property.
Privity denotes merely a succession of relationships created by deed or other act or by operation of law. See 1 Cyc. 1002, 1003. Originally privity signified friendship or acquaintance in contradistinction to a stranger and meant knowledge. In its secondary sense privity denotes a peculiar relationship in which a person stands either to a person or a transaction.
Privity in deed.— A privity created by the act or consent of the party.
Privity in law.— A privity created by law.
Privity in person.— Such privity exists between trustee and cettui oue frusi (see cestui Qui
Ill
Tbubt), between husband and wife and between
coparceners. See Copabcenebs. Privity in right.— Such privity exists either by
representation or succession. Privity in succession.— Such privity exists between
a predecessor and a successor in the case of a
corporation sole. Privity in tenure.— Such privity exists between an
overlord and a tenant who holds of him by
Privity of blood.— Such privity exists between an heir and his ancestor (privity in blood inheritable! and between coparceners. See. Copabcenebs. Privity of blood was formerly of importance in law of descent.
Privity of contiact.— That interest, connection, or relationship which exists between contracting parties; something upon which an obligation or promise can be implied. It is essential to the maintenance of an action on any contract that there shall exist a privity between the plaintiff and the defendant in respect to the subject-matter of the suit.
Privity of estate.— Such privity as exists between lessor snd lessee, tenant for life and remainderman, and between joint tenants and coparceners. See Copabcenebs.
Privity of possession.-— Such privity exist* between joint tenants, tenants in common, and coparceners. See Copabcenebs.
Privity in representation.— Such privity exists between a testator and his executors. PRIVY. One standing in a relation of privity to another; a partaker; a person having a joint or common knowledge, right, or responsibility; one bound by an obligation irrespective of his being a party to it; one bound or entitled in respect to an estate irrespective of his having been a party to the transaction by which it was created.
Properly used in distinction from party; but privies to a contract is used to mean the parties themselves.
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PRO. As; for.
PROBANDUM. See Factum Probandum.
PSOBATIO. Proof; evidence of fact.
Denotes more particularly direct evidence of a fact as distinguished from indirect or circumstantial evidence.
PROBATIOK1S. From proving.
PHO BEMEFICIO. For the benefit of.
PROCEDENDO. For proceeding; to proceed.
A writ by which an appellate court sends back to an inferior court a cause which has been removed on insufficient grounds. In such case the appellate court remits the cause with directions to the inferior court to proceed to a final hearing and determination of the proceedings. Procedendo ad judienm.— A writ issuing out of the English court of chancery in the exercise of Its common-law jurisdiction, when judges of any inferior court wrongfully delayed the parties, for that they would not give judgment either on the one side or the other. It commanded tile judges to proceed to give judgment, without specifying any particular judgment to be given.
PROCHEIN AMI. The next friend; one who prosecutes or sues in behalf of an infant, where his interests might lie neglected by tlie guardian; a person who undertakes to prosecute a suit in behalf of an infant. See 22 Cyc. G34. See also Guardian ad Litem. Sometimes written " prachein amy."
PROCHEIN AMY. See Prochein Ami.
PRO CONFESSO. As confessed; for confessed; as if admitted.
In equity, a decree taken where the defendant has either failed to appear, or, having appeared, fails
PRO FALSO CLAMORE SUO. For hia unjust claim; for his unjust suit.
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Anciently inserted in judgments for the defendant whereby the plaintiff was nominally amorml (m-¦¦ Amercement) fjir his unjust claim. See Pes Falsi;m Clamobem.
PBOFERT. The production in court of an Instrument on which an action or defense is founded; the formal allegation in pleading of the production of such an instrument without actually producing it in court.
PROFERT IN CURIA. He produces in court; he shows it in court. In ancient practice, these words "were inserted in h declaration, as an allegation that the plaintiff was ready to produce or did actually produce in court the written instrument sued upon in order that the same might be inspected by the court and read to the defendant. In modern practice, the allegation is merely formal, the instrument in fact being retained in the plaintiff's possession.
PRO FINE. See Capias Pbo Fine.
PROFIT A PRENDRE. The right to take the profits from the land or waters of another. See A
PRENDRE.
Under the term "profit" is comprehended the produce of the soil, whether it arise above or below the surface, as herbage, wood, turf, coal, minerals, stones; also fish in a pond or stream. PRO FORMA. As a matter of form; for form's sake; formally.
PRO HAC VICE. For this turn; for this occasion. Used of an attorney who appears for a party in
some legal proceeding. PROHIBITUM. Forbidden; prohibited. PROPOSITUS. The person proposed; an ancestor;
the person from whom a line of descent is
reckoned.
PROPRIO. See Ex Profbio Dolo; Ex Pboprio
Motd; Ex Pbopbio Vigors. PROPRIO DOLO. See Ex Phoprio Dolo.
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PKOPRIO MOTU. See Ex Pbofbio Motu.
PROPBIO VIGORE. By its own force; by its intrinsic meaning; of (one's.) own strength. Frequently used in the construction of written instruments, as where a sentence is said to have a certain meaning " propria vigore." See Ex Pboprio VlOOBE.
PROPTER. By reason of; on account of.
PROPTER IMPOTENTIAM. By reason of impotency; on account of helplessness. Describes one Qf the grounds of qualified property in wild animals, consisting in the fact of their inability to escape; as in the case of the young of such animals before they can fly or run.
PRO RATA. In proportion; according to a certain rate; according to percentage; proportionately;
A creditor of an insolvent estate is paid pro re fa with other creditors of the same class.
Pro rata itineris.— At the rate of the voyage; at the rate of the journey. A phrase used in
PRO SE. For himself; in his own behalf; in person. PROSEQUI. To proceed; to prosecute. PRO TEM. See Pro Tempore.
PRO TEMPORE. For the time being; temporarily;
provisionally. See Sine Die. Generally used of one who is acting in the absence
of the regular incumbent of an office. Sometimes abbreviated " pro tern." PR0THON0TARY. A chief notary; a chief clerk;
the chief clerk of the court. Under the ancient English practice certain clerks
of the court of common pleas and of the king's
bench were so called. In ecclesiastical law the name was given to an
officer of the court of Rome who ranked as a
PROZIMA. Efficient; proximate.
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PROXIMA CAUSA. The proximate cause; tlie offi-cic.it cause; the cause that necessarily sets the other causes in operation; the enure which, in a natural and continuous sequence, unbroken by a new cause, produces an event, and without which the event would not have occurred. Used in contradistinction to remote, mediate, or predisposing cause.
PUBLICI JURIS. Of public right.
Applies to things or rights which are open or
capable of being exercised by all persons. It is also used to designate things which are bound by the public, that is the entire state or community, and not by any private person.
PUBLICUM. Public. See Jus Gentium.
PUBLICUS. Public.
PUIS DARREIN CONTINUANCE. Since the last continuance; since the last adjournment. A plea which may be put in after issue joined where some new matter of defense arises, or new facts have come to the knowledge of the party pleading it, subsequently to such joinder.
PUNCTATIM. Point for point.
PUPILLUS. An infant; a ward; a person under the
age of puberty; a person under the authority of
a tutor. See Tutela. PUR AUTRE TIE. For the life of another; during
the life of another. See Ai_the Vie. An estate pur autre vie is an estate which endures
only for the life of some particular person other
than that of the grantee. PUR CAUSE DE VICINAGE. On account of vici-
nage; by reason of neighborhood. See Common;
Pee Causa De Vicinage.
Q
QUA. As; considered as; in the character of; in the capacity of. The liability in damages for collision in navigation on the part of the owner of the ship exists not qua owner but only as master and employed, etc. See 7 Cye. 373.
lie
QUANDO. When.
QUANDO ACCIDEKINT. When they shall come in; when they fall in; when they come to hand; wlien they may happen. Where an administrator or executor pleads plene administiavit (see Plene Admin istbavit) plain-tiff may take a judgment empowering him to have the benefit of all assets that may at any time thereafter come into the hands of the defendant as administrator or executor of the
QUANTUM. A certain amount; a proper amount; a sufficient amount; a prescribed quantity; a measurable quantity.
QUANTUM MERUIT. As much as he has merited; as much as he deserved; the measure of recovery in an action for services where the price Is not fixed by contract. Where a person is employed to do work for another without any specific contract as to the compensation, the law implies a promise that he will be paid as much as he reasonably deserves for his services. In such case the plaintiff may make the suggestion in his pleading and allege that his trouble or services were worth a certain sum, which the defendant has omitted to pay. This is called an assumpsit (see Assumpsit) on a quantum meruit.
QUANTUM VALEBAT. As much as it was worth; the measure of recovery in an action for goods sold where no price was fixed by contract. Where goods are sold without specifying the price, the law implies a promise to pay what they are reasonably worth. The plaintiff may make such suggestion in his pleading and allege that they were worth a certain amount which the defendant refuses to pay. See Assumpsit.
QUAKE. Wherefore.
QUARE CLAUSUM F REGIT. Wherefore he has broken the close; because he has broken the close. See Close
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A form of the action of trespass (see Trespass) which seeks to recover damages for an unlawful entry upon the lands of another. See Trespass Quake Clausum Fbeuit.
The technical expression for an unlawful entry upon land.
Sometimes abbreviated " qu. cl. fr." QUASI. As if; appearing as if; as it were; like; corresponding to; analogous to.
Used to mark a resemblance lietween two objects and at the same time to indicate the existence of intrinsic differences.
It negatives the idea of identity, but points out that the conceptions are sufficiently similar for one to be classed as the sequel of the other.
Quasi contract.— An unexecuted obligation in the nature of a contract; an obligation arising from voluntary and lawful acts of the parties without any special agreement; a species of implied contract. Where one through a contract with another has obtained money or property which rightfully belongs to a third person, the latter may sue therefor in his own name as the law creates both the privity (see Privity) and the promise. The transaction does not create a trust in the proper sense, nor does the third person's right arise out of the contract between the promisor and promisee; but it arises out of an independent contract created by law, or quasi contract, between the promisor and the third person. See 9 Cyc. 376, 377.
Quasi corporation.— A body exercising certain corporate functions but which has not been created a corporation by statute. Municipal societies or similar bodies which, though not true corporations in all respects, are yet recognized by law or immemorial usage as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained, by suits at law.
Quasi crimes.—Offenses in tlie nature of crimes; offenses against the public not made criminal by statute; offenses not criminal per se. See Per
lir
Se. A quasi crime would not embrace an indictable offense, whatever might be its grade, but simply forfeitures for a wrong done to the public, whether voluntary or involuntary, where a penalty is given, whether recoverable by criminal or civil process.
Quasi in rem.— As if against the thing; against the thing itself; as it were.
Quasi judicial.— As if judicial; partaking of a judicial nature.
Quasi jure belli— See Juke Belli. QU. CL. FR. See Quabb Claubum Fbeo.it. QUE ESTATE. Whose estate.
A plea by which a party prescribes (see Prescribe) in himself those whose estate he holds. It is called prescribing in a gue estate. QUIA. Because.
QUIA E MPT ORES. Because the purchasers. This was the title of the statute of WesUn. 3 ¦ 18 Edw. I, c. 1), so called from the initial words. It provided that freeholders (see Freehold) might sell lands, tenements (see Tenement) or
Sits thereof, at pleasure, so that, however, the iffee (see Feoffee) should hold such lands and tenements of the chief lord of the same fee (see Fee) by the same services and customs by which his feoffor (Bee Feoffor) before held them. QUIA TIMET. Because he fears; because he appre-
The technical name of a bill in equity seeking aid because a party fears some future injury to his rights or interests. Such a bill is a preventi-tive or anticipatory remedy. See 18 Cyc. 102. QUI TAM. Who as well.
Tbe name of an action brought by an informer or one of the public under a statute establishing a penalty for the omission or commission of certain acts, part of the penalty going to the person instituting action and part to the state or some other designated beneficiary. The action is so called because the plaintiff therein alleges that be sues as teell for the state as for himself.
11B
QUO. By what; with what. See Amicus. Quo; A Quo; In Statu Quo; Locus in Quo; Quo Am sirs; Terminus a Quo. QUOAD. As to; as regards; in regard to; in relation to; concerning. A shareholder in a corporation who pending its solvency transfers his unpaid stock to an irresponsible person will be held a shareholder quoad* the creditors. Quoad hoc.— As to this; with respect to this; to this extent; so far as this is concerned; aa respects the matter in question. A party may submit to the jurisdiction of the court quoad hoc, or may be prohibited from maintaining an action quoad hoc. QUO ANIMO. With what intent; with what motive; the mind with which a thing is done. See Ammo; Animus Quo. Sometimes used as a substantive in'lieu of the word Animus (see Animus) thus; "The quo onimo is the real subject of the inquiry." QUOD. Which. See Ita Quod. QUOD CAPIATUR. That he lie token.
The technical judgment in treHpass. See Trespass. See 23 Cyc. 300, 301. QUOD COMPUTET. That he account.
The preliminary or interlocutory judgment given in an action of account and also in the case of creditor's bills against an administrator or executor directing that accounts be taken before an auditor or a master. QUOD EAT SINE DIE. That he go without delay. The old form of a judgment for the defendant, discharging him from any further appearance in court. See Sine Die. QUOD PAHTITIO FIAT. That partition be made;
the decree ordering partition. QUOD RECUPERET. That he recover. The ordinary form of a judgment for the plaintiff in an action at law.
120
Where issues of fact have been found by a jury,
the proper form of the judgment, if it is for the
plaintiff, is " quod recuperet." See 23 Cyc. 870. QUOD RECUPERET DEBITUM CUM DAMN IS.
That he recover his debt with damages. QUOD SIT IK MISERICORDIA. That he be in
mercy.
The beginning of the technical judgment in trespass on the case. See Trespass on the Case, See 23 Cyc. 391.
QUOTIES. See Totikb Qdoties.
QUO WARRANTO. By what right; by what warrant; by what authority. Under the old English practice a writ in the nature of a writ of right whereby the king inquired by what authority any one exercised any office, franchise, license, or liberty and upon what ground he based his claim. It also lay for non-user or neglect of a franchise, or mis-user or abuse of it.
Under modern practice the writ has given place to an " information in the nature of quo uxtrranto," which though in form a criminal proceeding is in effect a civil remedy similar to the old writ, and constitutes the modern method of trying title to a franchise or to a public or corporate office. The judgment in such case is not punitive but extends only to ouster (see OuSTEB) from the office or franchise.
RATA. Rate; percentage. RATIO. Ground; reason.
RATIO DECIDENDI. The ground of decision; the reason for deciding; the point in the case which determines the decision. The general result reached in a case may be reached in others although not always by the same ratio decidendi. See 30 Cyc. 67, TO.
RATIO LEGIS EST AN IMA LEGIS. A maxim meaning " The reason of the law is the soul of the law."
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RATIONE. By reason; on account; In consequence.
RATIONS IMPOTBNTLS. By reason of incompetence; on account of inability. A ground of qualified property in the young of certain animals and birds while they are unable to fly or run away. See Feb* Natuba.
RATIONE LOCI. By reason of place.
A ground of ownership in certain wild animals. See Feb.*: Natib.e.
RATIONE MATERIAL From the nature of the subject; from the nature of the subject-matter; by reason of the matter involved.
RATIONE PERSONS. From the character of the person; by reason of the person involved.
RATIONE PRITILEGIL By reason of privilege; by right of prerogative; by virtue of a franchise. An ancient ground of ownership in wild animals based upon a grant from the crown whereby one man might kill and take animals on the land of another. See Feb* Natub.«.
RATIONE SOLI. By reason of the soil; on account of the soil; with reference to the soil; by virtue of ownership of the soil. Said to be the ground of ownership in bees. See Feb* Natuba.
RATIONS TENURJE. By reason of possession; on account of tenure; in consequence of possession. Implies something originally annexed to the holding.
RE. A thing. See In Re; Jtjs in Re. REA. Criminal; guilty; wrongful. REDDENDUM. Rendering; yielding; rendering and yielding.
The name of that clause in the conveyance by which the grantor reserves some new thing to himself out of which he has before granted. That clause in a lease which reserves rent to the lessor. See 13 Cyc. 552.
REGIS. See Ex Mandatio Reois.
REGNO. From the kingdom.
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HEI. Of the tiling. See Lex Loci; Locatio Rei;
Locuh Rei Sit^. REI SITM. Of the thing situated. See Lex Loci;
Locus Rei Sit*. RELICTA VERIFICATIONS. His 'pleading being
abandoned.
A confession of judgment after plea. -Such a judgment occurs where after pleading and before trial the defendant both confesses the cause of action and withdraws or abandons his plea, whereupon judgment is entered against him ¦without proceeding to trial. See 23 Cyc. 711, 712. See also Cognovit Actionem. RELICTUS. Abandoned.
REM. See In Rem; Jus ad Rem; Jus in Rem. REMITTITUR. It is remitted; it is forgiven; It is sent back.
The term has two distinct meanings. First, it relates U) the relinquishment of part of a verdict or finding. See Remittitur Damn a. Second, it relates to the sending back of the record from the appellate court for further proceeding therein. See Remittitur of Record.
REMITTITUR DAHNA. Damages are released; it is released as to damages. An entry made upon the record, remitting the excess of damages where the jury have found a greater amount than that claimed in the declaration or complaint.
REMITTITUR OF RECORD. The record is sent back; it is returned as to the record. The returning or sending hack of the record by a court of review to the court from which the appeal originated ordering a new trial where the case is reversed or the entry of judgment and issuance of execution where the case is affirmed, or any other appropriate action on the part of the court below.
RES. A thing; things; an object; property; matter; subject-matter.
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As a legal term this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. It comprehends both corporeal and incorporeal things of whatever kind, nature, or species.
In modern practice the term is particularly applied to an object, subject-matter, or status (see Status), considered as the defendant in an action, or as the object against which, directly, proceedings are taken. Thus, in maritime law, the vessel is called " the res," and proceedings against it are said to be "in rem." See In ¦Rem. The word also may denote the action or proceedings, as when a cause not between adversary parties is entitled " in re . , See In Re. See also In Personam. RES AD JUDICATA. A thing adjudged; a matter already decided; a decided cose. See Res Judicata.
RES GESTJE. Things done; events occurring; the facts of a transaction; circumstances surrounding an object; facts which grow out of the main occurrence; declarations which grow out of the main fact which are contemporaneous with it and serve to illustrate its character. Common in the law of evidence. Proof of words and acts are admissible on the ground that they are res gestw, provided that the act they accompanied is itself admissible in evidence, and being contemporaneous, or nearly so, tlierewith they serve to illustrate its character.
RES INTER ALIOS ACTA. A thing done between others; transactions between strangers; the act of third parties. No person can be affected by res inter alios acta unless connected personally therewith or through privity. See Privity. See also 17 Cyc. 274.
RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET. A maxim meaning " Things done between others should not injure;" or "things
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done between strangers ought not to injure those ¦who are not parties to them."
Usually abbreviated to "res inter altos oofa," See 17 Cyc 274. RES IPSA LOQUITUR, The thing- speaks for itself; the meaning or intent is apparent.
Often employed in actions for negligence where no proof of negligence is required beyond the very accident itself, which shows on its face that negligence is necessarily involved. RES JUDICATA. A thing adjudged; a matter already decided; a decided point; a thing judicially acted upon; a thing settled by judgment; a decided case.
A phrase of the civil law constantly used in modern practice. See Res Adjudicata. RES NOVA. A new matter; a new point; a new
case; a question not previously decided. RESPONDEAT OUSTER. That he answer over; let him answer over.
In civil cases this is tlie name of a judgment that the defendant's original plea is insufficient and that he answer over in some better manner or put in some more substantial plea.
In criminal cases the same judgment is given where a demurrer to an indictment or information is overruled.
RESPONDEAT SUPERIOR. Let the principal answer; let the principal be answerable. Frequently applied in the law of master and servant and principal and agent.
RESPONDENDUM. See Capias ad Respondendum.
RESPONDENTIA. Ability to answer; a loan on the personal responsibility of the owner of merchandise on board ship; a loan on a cargo, the repayment of which is made dependent upon the safe arrival of such cargo at a designated port. The contract is so called for the reason that the money is most frequently loaned on the personal responsibility of the owner of the merchandise. It differs from bottomry (see Bottomry) in
that the latter Is a loan on the ship while respondentia the loan ia upon the cargo and is payable with maritime interest upon its safe arrival in port.
RESUME. A summing up; a recapitulation; a condensed statement; a summary.
RETRAXIT. The withdrawing or open renunciation of a suit in open court, by which the plaintiff loses his action. A judgment of retraxit is given against the plaintiff when, after appearance, be voluntarily goes into court and enters upon the record a statement that he " withdraws his suit." It differs from a nonsuit (see Nonsuit| in being an open and voluntary renunciation of his claim, while a nonsuit is the consequence of his neglect or default or the failure of his evidence. See 14 Cyc. 303; 23 Cyc. 775. See also Nolle Prosequi.
REVERTENDI. See Animus Revebtendi.
RIENS PER DESCENT or DISCENT. Nothing by descent; no assets by descent; nothing by inheritance.
The plea of an heir when sued for a debt of his ancestor, in which he claims that he has nothing by descent or that no assets came to his hands. See Plene Anil inistbavit. RIPARIAN. Relating to the banks of a stream; belonging to the banks of a river.
Sometimes used coextensively with " littoral." See Littoral.
Riparian owner.— One who owns land on the bank of a river; the owner of land bounded by a watercourse.
Riparian proprietor.— The owner of land bounded upon a stream, and as such having a qualified property in the soil to the thread of the stream (see Thread of Stream) with the privileges annexed thereto by law.
Riparian right a—The rights of landowners on the banks of water courses, relating to the water, its use, the ownership of the soil under the
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water, and to the accretions (see Accretion) and avulsions (see Avulsion) which may result. The phrase also includes rights of fishery, of ferry, and any other rights properly pertaining to riparian ownership.
BITE. In due form; rightly.
ROGATORY LETTERS. A formal commission from one court to another requesting the examination of witnesses in the furtherance of justice. See Letters Rogatory.
RUBE. See In Rube.
8
SALUS. Safety; welfare.
SALOS POPULI SUP R EH A LEX. A maxim meaning "The safety of the people is the supreme law;" or "the welfare of the people is the highest law."
SALVUS. Safe.
SANS NOHBRE. Without number; innumerable. A term of the ancient English law in- relation to putting cattle on a common. See Common. The term as so used does not mean that the cattle are to be Innumerable but only indefinite and not certain in number.
SATISFACIENDUM. See Capias ad Satibfacten-
SC AND ALUM. Slander of magnates. The offense of speaking slanderous or defamatory words of a peer, a judge, or other great officer of the realm, which was considered more heinous than words spoken of a private person. See 26 Cyc. 249.
SCIENTER. Knowingly; with knowledge; purposely. ¦ The allegation in a pleading of knowledge on the part of the defendant or person accused, which is necessary to charge upon him the consequences of crime or tort. The insertion of such allegation is called "laying the sction (or indictment) with a scienter." Used also to signify the defendant's guilty knowledge.
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SCI. FA. See Scire Facias.
SCILICET. To wit; that is to say, namely. See To Wit ; Videlicet. Used in pleadings and other instruments, as an introductory to a more particular statement or allegation of matters previously mentioned in general terms.
SCINTILLA. A spark; a glimmer; the smallest trace; the least particle; the faintest ray. Scintilla of evidence.—A spark of evidence; a small particle of evidence. This phrase represents the doctrine that where there is any evidence, however slight, tending to support a material issue, the case must go to the jury, since they are the exclusive judges of the weight of the evidence.
SCIRE FACIAS. That you cause to know; that you make known; that you cause to be known. Abbreviated " Set. fa." or " s. f." A writ commanding a party to appear in court on a day named to show cause why the plaintiff should not have advantage out of a matter of public record. The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special bail or other recognizance and as a means of repealing letters obtained, in which cases it is an original proceeding.
SCRIPTA. Written.
SE or SESE. Itself; herself; himself. See Inter
Se or Inter Sese. SECUNDUM. According to.
Used as a prefix to many phrases.
Secundum artem.—According to the art or science;
according to the business or trade. Secundum formam statuti.—According to the form of the statute. See Contra Formam Statuti. Secundum legis.—According to law.
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Secundum subject am materiam.—According to the subject-matter. All agreementb should be construed secundum aubjectam mat eriam if capable of such construction. SEIZIN. Originally this word indicated the completion of the feudal (see feudal) investiture by which the tenant was admitted into the feud (see Feud) and performed the rights of homage and fealty. More recently the term has been used to express possession coupled with an intention to claim a freehold. See Freehold. See also Disseizin; Livery of Seizin.
Seizin equitable.— The constructive possession of lands by one who enjoys the rents and profits by virtue of an equitable interest, while another holds the legal title as trustee.
Seizin in deed.—A possession in fact by one having or claiming a freehold (see Freehold) interest. Same as seisin in fact. See Seizin in Fact. There is also a constructive seizin which is equivalent to a seizin in deed.
Seizin in fact.— Possession with intent on the part of him who holds it to claim a freehold (see Freehold ) interest.
Seizin in law.— The right of immediate possession according to the nature of the estate. Such seizin arises where the grantor of real estate gives the right of present possession to the grantee.
SEMBLE. It seems; it would seem; it appears. Sometimes used before the statement of a point of Uw which has not been directly dec! *ed but about which the court has intimated its jpinion. Used also in reports of cases to introduce a sug gestion of the reporter or his understanding of some decided law point. See Obiter Dictum. SENSU. In a sense. See In Mitiobi Senbu. SEQUESTRATION. Separating or setting aside; taking a thing in controversy out of the possession of the conflicting claimants. An equitable remedy by which property is taken possession of by the court in order to preserve
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it intact during a pending controversy or enforce obedience to its decree. See In Gustowa
SEQCITUR. It follows. SEHVITIUM. Service. S. F. See Scire Facias.
SIC UTERE TTJO DT ALIENUM NON LJEDAS. A
maxim meaning " So use your own that you
may not injure another's property." Often used to express the mutual rights, duties,
and obligations of adjoining landowners. See
1 Cyc. 769. SIGILLI, Of the seal. See Locus Sioilu, SIGILLUM. Seal.
SIGILLDM EST CERA IMPRESSA, QUIA CERA SINE IMPRESSIONS NON EST SIGILLUM. A
seal is a piece of wax impressed, because wax without an impression is not a seal. See Locus Siollli.
This strict rule as to seals has, little or no application in modern practice. See 10 Cyc. 1010.
SIMILITER. Likewise; the like; in like manner. The name of tbe short formula used in pleadings to express the acceptance of an issue of fact rendered by the adverse party; otherwise termed a " joinder in issue." Strictly speaking it is no part of the pleading as it neither denies nor affirms any fact, but is a mere matter of form.
SIMPLICITER. Simply; without qualification; without ceremony; absolutely; in a summary manner; by Itself; of its own force; per se. See Per Se.
Used in the sense of directly; immediately; as distinguished from "indirectly" or " inferen-tially."
The intent to hinder, delay, or defraud creditors is
a fact which may be pleaded aimpliciter without stating the evidence which goes to substantiate it. See 20 Cyc. 736. SINE. Without.
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SINE DIE. Without day; without designating a future day; a filial adjournment; a final dismissal of -the cause. See Pao Tempore; Quod Eat Sine Die. When a court or other body rise at the end of a term or session they adjourn sine die.
SINE QUA NON. Without which not; that without which a thing cannot be; an all important requisite; an indispensable condition; the very essence of the thing.
SITJE. See Lex Loci; Locus Rei Sit.«.
SITUS. Site; situation; location; place; position; local position. See Lex Situs. Real property has a fixed situs where it is situated, while with personal property the situs follows the person of the owner.
ill VE. Or.
SOLA. Single; unmarried; sole. See Dum Sola. SOLE. Single; unmarried. See Feme Sole. SOLLDO. See In Solido.
SOLIDUH. See In Paste Sens in Soltdum; In
Soltdum. SOLO. See In Alien do Solo.
SOLUTIONIS. Of solution; of performance. See Lex Loci.
SO NANS. Sounding. See Idem Sonans.
SON ASSAULT. See Son Assault Demesne.
SON ASSAULT DEMESNE. His own assault; his own first assault. A plea in an action of trespass (see Trespass) or trespass on the case (see Trespass on the Case) by which the defendant alleges that the assault was originally made by the plaintiff and that the defendant merely acted in self-defense. Such a plea, when supported by evidence, constitutes a sufficient justification! unless the retaliation of the defendant was excessive and out of proportion to the original provocation. Sometimes abbreviated " son assault."
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SPECIAL IMPARLANCE. See Imparlance. SPECIAL TRAVERSE. See Traverse. SPES. Hope.
SPES RECUPERANDI. The hope of recovery; the hope of recapture. Applied to property captured as a prize or as booty so long as it is liable to recapture. In such case complete ownership does not attach until all chance of recovery is precluded by effectual
SPOLLATOREM. The despoiler; the destroyer. See Contra Sfoliatokem.
STARE DECISIS. To stand by decided cases; to adhere to decided cases; to uphold precedents; to maintain adjudications. As a general rule a point when once decided becomes a precedent which should be followed in subsequent cases before the same tribunal. The rule is based on the policy of uniformity and certainty in the law.
STATU. See In Statu Quo.
STATU QUO. In the condition in which; upon the original footing. See In Statu Quo.
STATUS. Standing; condition; situation; state of being; legal position. It also means " estate" because it signifies the condition or circumstances in which the owner stands with regard to his property. The term is chiefly applied to persons under disability or persons who have some peculiar condition which prevents the general law from applying to them in the same way as persons in general.
STATUS IN QUO. The condition in which; the state in which; the circumstances in which; the legal position in which. See In Statu Quo.
STATUS QUO. The existing state of things at any given date. Sec In Statu Quo. Status quo ante bellum. The state of things before the war.
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STATUTL. See Contra Forma* Statuti. STIRPES. Roots; Blocks.
STOPPAGE IN TRANSITU. The rights of the seller of goods that have been shipped to the buyer, but have not been paid for by him, to stop and resume possession of them before they have come into the latter's possession, in case of his becoming insolvent. See In Transitu. Also the right which arises to sn unpaid vendor to resume the possession with which he has parted, of goods sold upon credit, before they come into possession of the buyer who has become insolvent, bankrupt, or pecuniarily embarrassed.
STRICTISSIMI JURIS. Of most rigid right; of the strictest law; subject to the most rigorous construction.
Especially applicable to licenses, the licensee being bound to conform strictly to the exercise of his rights which will be strictly construed in case of dispute.
It also applies to grants in derogation of the com-
STRICTISSIMUS. Most rigid; strictest.
SUA SPONTE. Of his own will, of his own motion; of its (the court's) own motion; voluntarily; without suggestion. The court may sua sponte make any objection which should have been raised by demurrer, when necessary for the orderly administration of justice. See 16 Cyc. 262. See also Ex Mebo MotU; Ex Proprio Motu.
SUB. In; upon; under.
SUB CONDITIONE. Upon condition; under condition. The Latin words to express a condition in a deed or to create an estate upon condition.
SUB MODO. In a manner; under a condition; under a qualification; subject to a restriction;
A legacy may be given sub modo that the debts of the testator be first paid out of it.
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SUBP02NA. A judicial writ or process requiring a Person to appear at a certain time and place to
It is ao called from the Latin words with which
it formerly began. In chancery practice it is a mandatory writ or process directed to and requiring one or more persons to appear at a certain time and answer the charges against him or them. SUBPTENA DUCES TECUM. You will bring with you.
A writ commanding a person to appear in court, and to bring with him specified documents or other things in his custody, which may be required as evidence. See Duces Tecum. SUI JURIS. Of one's own right; possessing .full civil rights; not under any legal disabilities; having capacity to manage one's own affairs.
To make a valid contract one must be sui juris.
Everyone of full age is presumed to he sut juris. SUO PERICULO. At his own peril; at his own
Third persons deal with minor officers of a bank suo periculo, as their acts only bind the bank within the scope of their authority. See 5 Cyc. 476.
SUPERIOR. Master; principal.
SUPERSEDEAS. That you stay; that you suspend; that you set aside; you may remove; you may
An auxiliary process designated to supersede the enforcement of the judgment of the court below brought up for review by writ of error. The emphatic word in a writ ordering the suspension or setting aside of another writ previously
A writ issued for the purpose of superseding or staying the execution of another writ; a writ or order commanding a stay or the setting aside of proceedings in some matter.
By a conventional extension of the term it has come to be used as a designation of the effect
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of any proceeding or act in the cause which, of its own force, causes a suspension or stay of proceedings. Thus, when it is said that a writ of error is a supersedeas, it merely means that it has the same effect of suspending proceedings in the court below, which would have been produced by a writ of supersedeas.
SUPER VISUM CORPORIS. Upon a view of the body. Where an inquest is held over a dead body it must be super visum corporis.
SUPRA. Above; over; formerly.
Used in text-books to indicate matter that has gone before in the same book, usually upon the same page. Used in contradistinction to infra. See Inmia.
SUPRA PROTEST. Over protest. Applied to the acceptance or payment of a bill of exchange by one not a party to it, after protest for non-acceptance or non-payment
SUPREMUS. Supreme.
T
TECUM. See Duces Tecum.
TEMPORIS. Of the time. See Lex Tempoeib.
TEMPOS. Time.
TENEMENT. Everything of a permanent nature
that is capable of property, whether it be substantial and sensible or unsubstantial and ideal. See Feank Tenement; Lihewjm Tenementum. Of greater extent than " land," including not only land itself but certain rights issuing out of
In its vulgar sense applied to houses and other buildings.
TENENDI. Of holding. See Jus Tenkndi.
TENENDUM. To hold; to be holden.
That clause in a deed wherein the tenure (see Tenure) of the bind is defined and limited. This clause is of little modern value and is usually joined with the habendum (see Habendum) clause. See Habendum et Tenekdux.
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TENErTT. They hold.
TENURA. Possession; tenure.
TENURE. The mode of holding; the manner of occupying; the manner of holding possession or control of that which is one's own; the mode by which a man holds an estate in lands; the terms or conditions upon which anything is held; the period during which anything is held. Land tenure is, in the main, either feudal (see Feudal) or allodial. See Allodial. According to the latter tenure, the whole right and title to the land rests with the owner, subject only to the right of the state, and this is the principle of Lnited States law; according to the former, the person possessing the land holds it from a superior, to whom he owes service, snd this is the principle of the English law.
TERMINI. See Ex Vi Termini.
TEH MINUS. End; termination.
Terminus ad quern.— The end to which; the termination; the point of ending. Used to denote the termination or terminating point of a right
Terminus a quo.—The end from which; the beginning; the starting point. Used in computing time between given dates. See 25 Cyc. 1291. See also A Quo.
TERRA. See Fauces 'LVuh.v.
TERTII. Of a third party. See Jus Tebtii.
TESTAMENTARIA. A guardianship given by will. See 21 Cyc. 19. See also Tutela.
TESTAMEKTO. See Cum Testamento Annexo.
TESTAMENTO ANNEXO. See Cum Testamento Annexo.
TESTES PONDERAHTUR, NON NUMERANTUR.
A maxim meaning " Witnesses are weighed and not numbered." This maxim means that in case of a conflict of evidence, the truth is to be sought by weighing the credibility of the several witnesses, and not by the mere numerical preponderance on one side or the other.
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TESTIMONIUM. Evidence; testimony. See In
Testimonium, TESTIS. Witness.
THOEO. From bed. See A Mensa et Thoro.
THREAD OF THE STREAM. The middle line of a watercourse; an imaginary line running through the center of a stream; a line marking the boundary of riparian rights. See Riparian Rights; Ad Fixum Aqvm; Filum,
TIEL. Such.
TIMET, Fears.
TOST. A wrong; an injury; a civil wrong; tha commission or omission of an act by one without right, whereby another receives some injury directly or indirectly, in person, property, or reputation.
Used to describe that branch of the law which treats of the redress of injuries which are neither crimes nor arise from breach of eon-tracts. All acts or omissions of which the taw takes cognizance may in general be classed under the three heads of contracts, torts, and crimes. Contracts include agreements and the injuries resulting from their breach; torts include injuries to individuals; and crimes include injuries to the public or state.
Used to distinguish certain actions for personal injuries from actions on contract. See Ex Contractu; Ex Delicto. TORT-FEASOR. One who commits a tort (see Tort); a wrong-doer; a trespasser; one who commits a crime. See Joint Tort-feasors. TOTIDEM. In so many.
TOTIDEM VERBIS. In so many words. See In Tot id km Verbis.
TOTIES QUOTIES. As often as one. so often the other; as often as the thing shall happen; as often as occasion shall arise. In case of alimony payable in instalments, execution may be directed to issue roftes quotiea.
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TOTO. See In Toto; In Toto Vel in pabte. TOTTJS. Whole.
TOUT TEMPS PRIST. Always ready. Emphatic words in the ancient plea of tender by
which defendant alleged that he is ready and has always been ready to discharge the demand. Used also in answer to an action for dower to allege willingness to render dower and so save damages for its detention. See 14 Cyc. 970. TO-WIT. That is to say; namely. Used for particular specification in pleadings and written instruments. See Scilicet; Videlicet. TRADITION. Delivery; the act by which a thing is
delivered from one person to another. TRANSITU. See In Transitu. TRAVERSE. To deny; controvert; to put off. A direct denial in formal words of the allegations
of a pleading. Common traverse.— A simple and direct denial of the material allegations of the pleading. It contains no inducement or absque hoc. See Absque Hoc. General traverse.— One which is preceded by a general inducement, denying in general terms the allegations of the pleading instead of pursuing the words of the allegation which it denies, See De Injubia; Tbavebse. Special traverse.— A traverse which commences with the words aiegue hoc (see Absque Hoc) and pursues the material portion of the words of the allegation which it denies. Traverse of an indictment.— Taking issue upon the indictment or denying some chief point in it; the denial of an indictment by a plea of not guilty; the postponement of the trial of an indictment after a pleo of not guilty thereto. Traverse upon a traverse.—¦ One growing out of the same point or suhjeet-matter as is embraced in a preceding traverse on the other side.
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TREA5URE-TKOVE. Treasure found. Applied to gold, silver, or bullion found' hidden in the earth or other private place, the owner thereof being unknown.
TRESPASS. Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another; any misfeasance (see Misfeasance) or act of one man whereby another is injuriously treated or damnified; any entry upon the land of another, without lawful authority, to the damage thereof, however inconsiderable.
In practice, a form of action which lies for any unlawful injury done to a party in respect either to hia person, property, or rights, by the immediate force and. violence of the defendant. See Vi et Abmib.
Trespass de bonis asportatis.— Trespass for goods carried away. This is the technical name of the action for trespass for injury to personal property where the injury consists in carrying away the goods or property in question. See De Bonib Aspobtatis.
Trespass on the case.— The form of action in which a party recovers damages for a wrongful act or injury unaccompanied by force, or which results indirectly from the act of the defendant. The action is sometimes called " case."
Trespass quare clausum fregit.— Trespass whereof he broke the close. The form of action for damages for an unlawful entry or trespass on land. Frequently abbreviated " qu. cl. fr." See Qdabb Clausum Fbkoit; Trespass.
Trespass vi et armis.— Trespass with force anil arms. The form of action to recover damages for an unlawful act or injury committed with force and violence against the person or property of the plaintiff. See Vi ET ABM is. TUNC. Then.
TUTELA. A guardianship; a power given by the civil law over a free person to defend him. when by reason of his age he is unable to defend him-
139
self; that species of guardianship which continues to the age of puberty. See 21 Cyc. 19; See also Guardian ad Litem ; Fuptllub.
U
UBERRIMA. Absolute; most abundant; most perfect; perfect.
UBERRIMA FIDES. The most perfect good faith; the most abundant good faith; absolute candor; perfect honesty; the absence of any concealment or deception.
Directors are bound to exercise nothing short of the uberrima fides of the civil law. See 10 Cyc. 787.
ULTIMA THULE. The utmost bounds; the extreme limit.
Of a poetic and classical nature and is used to refer to some unknown, far-distant, or purely mythical region. ULTRA. Beyond; exceedingly; outside of; in excess of. A Latin preposition frequently used
Ultra mare.— Beyond sea. One of the old essoins (see Essoin) "or excuses for not appearing in court at the return of process. See Beyond Sea. ULTRA VIRES. Beyond one's power; beyond the legal or constitutional power of a person, court, or corporation.
In the law of corporations an act is said to be ultra vires when it is not within the scope of the powers of the corporation to perform it under any circumstances or for any purpose; or, with reference to the rights of members, when the corporation is not authorized to perform it without their consent; or, with reference to some specific purpose, when it is not authorized to perform it for that purpose. See Intra Vires. UNCORE PRET. Still ready.
Same as " uneore prist." See L'ncorb Prist.
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UNCORE PEIST. Still ready.
A plea by which a party alleges that he is still
ready to do what ia required or justly demanded
of him. See Tout Tempo Pbist. UKDE NIHIL HABET. From whence she derives
nothing; from whence she derives no interest. The writ of dower which lay in behalf of a widow
where no dower had been assigned. USER. To use. UT. That.
UT RES MAGIS VALEAT. That the thing may rather have effect; that the thing may be efficacious.
UT RES MAGIS VALEAT QUAM PEREAT. That
the thing may rather have effect than be lost. UXORIS. Of a wife. See .Tuba Uxobis.
V
VADIUM. Gage.
VALOR. Value. See Ad Valorem. VALOREM. See Ad Valorem. VARIETUR. That it be changed. VEL. Or. See In Toto Vel in Parte. VENL I came.
VENIRE. To come; to appear in court.
Sometimes used as the name of the writ for summoning a jury, more commonly called ventre facias. See Venire Facias.
Venire de novo.— A new writ of venire facias. See De Novo Venire Facias De Novo. VENIRE FACIAS. That you cause to come.
A writ, directed to the sheriff of tbe county, commanding him that he cause to come before the court at a certain day twelve good and lawful men of the body of his county, qualified by law to inquire into a controversy there pending.
Venire facias de novo.— That you cause to come anew; a new venire facias. See Venire Facias. This writ is awarded where there has been some
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irregularity or impropriety in the first venire facias; where the verdict is so ambiguous or imperfect that no judgment can be rendered on it, or where a judgment is reversed on appeal and a new trial directed. See De Novo.
VERA. True. See Bii-i.a Vera.
VERBA. Words.
VERBATIM. Word for word; in exactly the same words; sometimes extended into the phrase " verbatim, literatim, et punctatim," word for word, letter for letter, and point for point, as in the most exact transcription.
VERBIS. See In fl.w Verbis; In Totidem Verbis; Ipsissimis Vebbis.
VERBDM. Word.
VEREDICTUM. Verdict.
VERD7ICATI0. Verification.
VL See Ex Vi Termini.
VICE VERSA. The order being changed; in inverted order; in reverse manner-, conversely. The phrase has the complete force of a proposition,
being as much as to say that upon a transposition of antecedents the consequents are also transposed.
VIDELICET. That is to say; namely; to wit. See To Wit. Sec also Scilicet. The office of this word is to indicate that a party does not undertake to prove the precise circumstances alleged, and any fact or state of facts, preceded by this word in pleading, is said to lie "laid under n videlicet." The use of the word is to particularize or render more specific that which has been stated in more general terms, or to explain that which is doubtful or obscure.
VIE. See Autbe Vie; Pi-r Autre Vie.
VI ET ARMIS. With force and arms; words made use of in indictments and actions of trespass to show that the trespsss or crime was forcible or committed with display of force. See Trespass Vi et Abmis.
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VIGILAIfTIBTJS ET HON DORMLENTIBUS JURA SUBVENXUNT. A maxim meaning " The law aida those who are vigilant, not those who sleep on their rights;" or the law protects the vigilant, not the slothful." See Laches. Often used with transposition of words.
VIGO RE. See Ex Pbopbio Vioobe.
VIM. Force.
VINCULO. See A Vinculo Matrimonii. VIRES. See Intra Viieb; Ultra Vibes. VTETUTE OFFICII. By virtue of office; by authority
derived from office. See Colore Officii. VIS. Force.
VIS MAJOR. A greater force; an irresistible force; a superior power; an inevitable accident-Used in the civil law has nearly the same signification as " an act of God " (see Act of God) used in the common law, but for some purposes it has a much wider meaning. VI TERMINI. See Ex Vi Termini. VIVA VOCE. With the living voice; verbally; by word of mouth; orally. See Ore Tenus. Sometimes used attributively; as a viva voce vote. Used in contradistinction to depositions and written evidence. VIVOS. See Inter Vivos. VOBIS. See Coram Vobis.
VOIR DIRE. To speak the truth; a preliminary
Refers to an examination In anticipation of testimony, in which it is Bought to show that a witness or juror is a competent person. VOLEHS. Consenting; willing.
VOLENTI HOH FIT INJURIA. A maxim meaning "No wrong arises to one consenting-," "he who consents cannot receive an injury;" or an injury cannot be done to a willing person." See Nolens Volehs.
143
W
WARRANT!A CHARTS. Warranty of title; warranty of deed; warranty of estate; warranty of interest.
An ancient writ wherein a tenant compelled bis grantor or warrantor to assist him in defense of his title or to pay him the damages accruing from his loss of possession. WRIT OF ERROR. A judicial writ issued Tiy a court of appellate jurisdiction to a trial court, directing that the record of the original case be sent to the appellate court for review upon allegation and assignment of error therein; the procedure by which an appellate court may review the proceedings of an inferior court as to matters of law only apparent on the face of the record. See 2 Cyc. 508. See also Coram Nobib; Coram Vobis.
PART II
LIST OF NAMES AND ABBREVIATIONS OF AMERICAN, ENGLISH, IRISH, SCOTCH, AUSTRALIAN, CANADIAN, AND NEWFOUNDLAND REPORTS
Compiled and Arranged rt Frank G. Neubauek
r
LIST OF NAMES AND ABBREVIATIONS OF REPORTS
The list conveys the following information: (!) The full names, (2) the currency or the discontinuance, (3) the number of volumes, (4) the chronology, and (E) the proper abbreviations, of the Reports.
The American Reports are arranged as far as practicable (I) alphabetically by States and Territories, beginning with "Alabama," (2) by courts, those of a higher preceding those of a lower jurisdiction, and (3) chronologically in the inverse order of their dates, the latest volume being listed first. The United States Reports follow the State Reports and are similarly arranged.
The English, Irish, and Scotch Reports, with the exception of those not cited by the names of the reporters (these being listed by courts and in an inverse chronological order), are arranged alphabetically. In addition to this, tables showing parallel citations for the "English Common Law" Reports, for the " English Chancery" Reports, and for the " English Reprint" are given.
The Australian anil Canadian Reports are arranged alphabetically by States and Provinces respectively.
AMERICAN REPORTS
Alabama
Alabama (1- vols.) Ala. USUI- ) Porter (1-9 vols.) Port. (Ala.) (1834-1839) Stewart and Porter (1-5 vols.) Stew. & P.
(Ala.) (1831-1S34) Stewart (1-3 vols.) Stew. (Ala.) (1827-1831) Minor (1 vol.) Minor (Ala.) (1820-1826) Shepherd's Select Cases (1 vol.) Sheph. Sel. Cas.
(1861-1863)
Alaska
Alaska (1- vols.) Alaska (1884- J 147
148
Arizona
Arizona (1- vols.) Ariz. (1886- ) Arkansas
Arkansas (I- vols.) Ark. (1837- ) California
California (1- vols.) Cal. (1850- ) Coffey's Probate (1- vols.) Coffey Prob. (1987-)
Myriek's Probate (1 vol.) Myr. Prob. (Cal.) (1872-1879)
Labatt's District Court (1-2 vols.) Lab. (Cal.) (1857-1858)
California Appellate (1- vols.) Cal. App. (1-905- )
Colorado
Colorado (!- vols.) Colo. (1872- ) Colorado Appeals (1- vols.) Colo. App. (1891-
Connecticnt
Connecticut (1- vols.) Conn. (1814- ) Day (1-5 vols.) Day (Conn.) (1802-1813) Root (1-2 vols.) Root (Conn.) (1704-1797) Kirby (1 vol.) Kirby (Conn.) (1785-1788)
Dakota
Dakota (1-6 vols.) Dak. (18Q7-1889) Delaware
Permewill (1- vols.) Pennew. (Del.) (1897-)
Marvel (1-2 vols.) Marv. (Del.) (1893-1897) Houston (1-9 vols.) Houst. (Del.) (1855-1893) Harrington (1-5 vols.) Harr. (Del.) (1832-1855)
Delaware Chancery (1-6 vols.) Del. Ch. (1814-1895)
Houston's Criminal Cases (1 vol.) Houst. Cr.
Cas. (Del.) (1856-1879) Hardesty*
* Some cases reported in Marvel are sometimes thus erroneously cited.
140
•2 Idaho is cited 2 Ida. (Hasb.)
District of Columbia
Appeal Cases (1- vols.) App. Cas. (D. C.) (1883- )
District of Columbia (3 vols. [18-21 D. C.])
D. C. (1890-1893) Mocker (7 vols. [12-18 D. C.]) Mackey (D.C.)
(1880-1800)
MaoArthnr and Mackey (1 vol. [11 D. C.]) MacArthur & M. (D." C.) (1879-1880)
MacArthur (3 vols. [8-10 D. C.]) MacArthur D. C.) (1873-1879)
District of Columbia (2 vols. [6-7 D. C.]) D. C.
Cranch (5 vols. [1-5 D. C.]) Cranch (U. S.) (1801-1800)
MacArthur's Patent Cases (1 vol.) MacArthur Pat. Cas. (D.C.) (1841-1855) Florida
Florida (1- vols.) Fla. (1846- ) Georgia
Georgia (1- vols.) Ga. (18411- ) Georgia Decisions (1 vol.) Ga. Dec. (1841-1843) Dudley (1 vol.) Dudley (Ga.) (1830-1833) K. M. Charlton (1 vol.) R. M. Charlt. (Ga.) (1811-1837)
T. U. P. Charlton (1 vol.) T. U. P. Charlt. (Ga.) (1805-1811)
Georgia Appeals (1- vols.) Ga. App. (1907-)
Hawaiian (I- vols.) Hawaii (1847- ) Idaho
Idaho" (1- vols.) Ida. (1806- ) Illinois
Illinois (I- vols.) 111. (1819- )
Illinois Appellate (1- vols.) 111. App. (1877-
)
Illinois Circuit Court (1- vols.) 111. Cir. Ct. (1007- )
in
Indiana
Indiana (1- Tola.) Ind. (1848- ) Blackford (1-8 vols.) Blackf. (Ind.) (1817-1847)
Smith (1 vol.) Smith (Ind.) (1848-1846) Indiana Appeal (1- vols.) Ind. App. (1891-
Wl!son\l vol.) Wils. (Ind.) (1871-1874)
Indian Territory
Indian Territory (1- vola.) Indian Terr. (1896-
)
Iowa (1- vole.) Iowa (1856- )
Greene (1-4 vola.) Greene (Iowa) (1847-1854)
Morris (1 vol.) Morr. (Iowa) (1830-1846)
Kansas
Kansas (1- vols.) Kan. (1862- ) McCahon (1 vol.) McCahon (Kan.) (1858-1861) Kansas Appeal (1- vols.) Kan. App. {1895-
Kentucky
Kentucky (78* vols.) Ky. (1879- ) Bush (14 vols. [64-77 Ky.|) Bush (Ky.) (1886-1879)
Duvall (2 vols. [62-63 Ky.]) Duv. (Ky.) (1863-1866)
Metcalfe (4 vols. [58-61 Ky.]) Mete. (Ky.) (1858-1863)
Ben. Monroe (18 vols. [40-57 Ky.]) B. Mon.
(Ky.) (1840-1857) Dana (9 vols. [31-30 Ky.]) Dana (Ky.) (1833-
1840)
J. J. Marshall (7 vols. [24-30 Ky.]) J. J. Marsh.
(Ky.) (1829-1832) T. B. Monroe (7 vols. [17-23 Ky.]) T. B. Mon.
(Kv.) (1824-1828) Littell's Select Cas. (1 vol. [16 Ky.]) Litt. Sal.
Cas. (Ky.) (1705-1821) Littell (5 vols. [11-15 Ky.]) Litt. (Ky.) (1822-
1884)
151
Kentucky — Continued
A. K. Marshall (3 vole.) [B-10 Ky.}) A. K.
Marsh. (Ky.) (1817-1821) Bibb (4 vols. 14-7 Ky.]) Bibb (Ky.) (1808-1817)
Hardin (1 vol. [3 Ky.]) Hard. (Ky.) (1805-1808)
Kentucky Decisions* (1 vol. [2 Ky.]) Ky. Dee. (1801-1805)
Hughes (1 vol. [1 Ky.]) Hughes (Ky.) (1785-1801)
Kentucky Law Reporter {1- vols.) Ky. L. Ren.
(1880- )
Louisiana
Louisiana (104- vols.) La. (1900- ) Louisiana Annual 11-52 vols.) La. Ann. (1846-1900)
Robinson (1-12 vols.) Rob. (La.) (1841-1848) Louisiana (1-19 vols.) La. (1830-1841) Martin New Series (1-8 vols.) Mart. N. S. (La.) (1823-1830)
Martin Old Series (1-12 vols.) Mart. (La.) (1800-1823)
Manning's Unreported Cases (1 vol.) Mann.
Unrep. Cas. (La.) (1877-I8SO) MeOloin (1 vol.) McGloin (La.) (1880)
"""Maine (1- vols.) Me. (1820- ) Maryland
Maryland (1- vols.) Md. (1851- ) Gill (1-9 vols.) Gill (Md.) (1843-1881) Gill and Johnson (1-12 vols.) Gill ft J. (Md.) (1829-1842)
Harris snd Gill (1-2 vols.) Harr. ft G. (Md.) (1826-1829)
Harris and Johnson (1-7 vols.) Harr. ft J, (Md.) (1800-1326)
* Sometimes cited Sneed.
Maryland — Continued
Harris and McHenry (1-4 vols,) Harr. & M.
(Md.) (1668-1799) Maryland Chancery (1-4 vols.) Md. Ch. (1847-1854)
Bland Chancery (1-3 vols.) Bland, (Md.) (1811-1832)
Massachusetts
Massachusetts (97- vols.) Mass. (1867- ) Allen (14 voli. [83-06 Ma**.]) Allen (Mas*.) (1861-1867)
Gray (16 vols. [67-82 Mass.]) Gray (Mass.) 1854-1S60)
Gushing (12 vols. [55-66 Mass.]) Cush. (Mam.) (1848-1853)
Metcalf (13 vols. [42-S4 Mass.]) Mete (Mass.) (1840-1847)
Pickering (24 vols. I IB—11 Mass.]) Pick.
(Mass.) (1822-1840) Massachusetts (1-17 vols.) Mass. (1804-1822) Quincy (1 vol.) Quincy (Mass.) (1761-1772) Thacber's Criminal Cases (1 vol.) Thacb. Cr. Cas. (Mass.) (1823-1842) Michigan
Michigan (1- vols.) Mich. (1847- ) Douglass (1-2 vols.) Dougl. (Mich.) (1843-1647)
Walker's Chancery (1 vol.) Walk. (Mich.) (1842-1845)
Harrington's Chancery (1 vol.) Harr. (Mich.)
(1838—1842)
Howell's Nisi Prius (1 vol.) How. N. P. (Mich.) (1884)
Michigan Nisi Prius (1-2 vols.) Mich. N. P.
Mississippi
Mississippi (23- vols.) Miss. (1851- ) Smedes and Marshall (14 vols. [9-22 Miss.]) Srn. & M. (Miss.) (1843-1850)
Mississippi — Continued
Howard (7 vols. [2-8 Miss.]) How. (Miss.)
Walker (1 vol. [1 Miss.]) Walk. (Miss.) (1818-1832)
Smedes and Marshall Chancery (1 vol.) Sm. &
M. Ch. (Miss.) (1840-1843) Freeman (1 vol.) Freem. (Miss.) (1839-1843) Morris' State Cases (1-2 vols.) Morr. St. Cas. (Miss.) (18.18-1872)
Missouri
Missouri (1- vols.) Mo. (1821- ) Missouri Appeals (1- vols.) Mo. App. (1876-
Hebraaka
Nebraska (1- vols.) Nebr. (1871- )
Nebraska Unofficial (1- vols.) Nebr. (Unoff.) (1901- )
New Hampshire
New Hampshire (1- vols.) N. H. (1816- ) Smith (1 vol.) Smith (N. H.) (1796-1815)
New Jersey Equity (1- vols.) N. J. Eq. (1830- )
New Jersey Law Journal (1- vols.) N. J. L. J, (1878- )
154
New York
Court of Appeals New York (1- Tola.) N. Y. (1847- ) Abbott's Decisions (1-4 vols.) Abb. Dec (N. Y.) (1850-1869)
Keyes (1-4 vols.) Keyea (N. Y.) (1863-1888) Selden'B Notes (1 vol.) Seld. (N. Y.) (1852-1854)
Silvernail's Appeal (1-4 vols.) Silv. App.
(N. Y.) (1886M892) Transcript Appeals (1-7 vols.) Transcr. App.
(N. Y.) (1867-1868) Howard's Appeal Cases (1 voL) How. App. Cas.
(N. Y.) (1847-1848)
Appellate Division
Appellate Division (1- vols.) N. Y. App. Div. (1806- )
Supreme Court
Hun (1-92 vols.) Hun (N. Y.) (1874-1896) Lansing (1-7 vols.) Lans. (N. Y.) (1869-1873) Barbour (1-67 vols.) Barb. (N. Y.) (1847-1877)
Silvernail Supreme (1-5 vols.) Silv. Sup. (N. Y.) (1889-1890)
Thompson and Cook (1-6 vols.) Thomps. ft C. (N. Y.) (1874-1875)
Buffalo Superior Court
Sheldon (1 vol.) Sheld. (N. Y.) (1854-1875)
New York Superior Court
New York Superior Court (33-00 vols.) N. Y.
Super. Ct. (1871-1892) Sweeny (2 vols. [31-32 N. Y. Super, a.])
Sweeny (N. Y.) (1869-1870) Robertson (7 vols. [24-30 N. Y. Super. Ct.])
Rob. (N. Y.) (1863-1868) Bosworth (10 vols. [14-23 N. Y. Super. Ct.])
Bosw. (N. Y.) (1850-1863) Duer (6 vols. T8-13 N. Y. Super. Ct.J) Duer (N. Y.) (1852-1857)
155
New York — Continued
New York Superior Court — Continued Sandford (5 vola. [3-7 N. Y. Super. Ct.]) Sandf.
(N. Y.) (1847-1852) Hall (2 vols. [1-2 N. Y. Super. Ct.]) Hall (N. Y.) (1828-1829)
New York Common Pleas
Daly (1-16 vols.) Daly (N. Y.) (1860-1891) Hilton (1-2 vols.) Hilt. (N. Y.) (1855-1860) E. D. Smith (1-4 vols.) E. D. Smith (N. Y.) (1850-1858)
Miscellaneous Reports
Miscellaneous (1- vols.) Misc. (N. Y.) (1892-
New York Supplement (1- vols.) N. Y. Suppl.
New^York State (1-75 vols.) N. Y. St. (1886-1896)
New York Civil Procedure (1- vols.) N. Y. Civ.
Proe. (1881- ) New York Annotated Cases (1- vols.) N. Y.
Annot. Cas. (1804- ) Abbott's New Cases (1- vols.) Abb. N. Cas.
(N. Y.) (1874- ) Abbott's Practice New Series (1-16 vols.) Abb.
Pr. N. S. (N. Y.) (1865-1875) Abbott's Practice (1-19 vols.) Abb. Pr. (N. Y.)
(1854-1865)
Anthon's Nisi Prins (I- vols.) Anth. N. P. (1807-1851)
Howard's Practice New Series (1-3 vols.) How.
Pr. N. S. (N. Y.) (1884-1886) Howard's Practice (1-67 vols.) How. Pr. (N. Y.)
(1844-1884)
Code Reports New Series (1 vol.) Code Rep.
N. S. (N. Y.) (IB50-1852) Code Reporter (1-3 vols.) Code Rep. (N, Y.)
(1848-1851)
Edmonds' Select Cases (1-2 vols.) Edm. Set.
Cas. (N. Y.) (1834-1853) New York Legal Observer (1-12 vols.) N. Y.
Leg. Obs. (1842-1854)
156
New York—Continued
Miscellaneous Reports — Continued New York Law Record (1-3 vols.) N. Y. L. Reo. (1888-1888)
New York Monthly Law Bulletin (1-6 vols.)
Month. L. Bui. (N. Y.) (1878-1883) New York Weekly Digest (1-28 vole.) N. Y.
Wkly. Dig. (1875-1888)
Marine and City Court New York City Court (1-2 vols.) N. Y. City Ci (1874-1888)
Court of Errors and Supreme Court Denio (1-5 vols.) Den. (N. Y.) (1845-1848) Lalor's Supplement (1 vol.) Lalor (N. Y.)
(1842-1844) Hill (1-7 vols.) Hill (N. Y.) (1841-1844) Wendell (1-26- vols.) Wend. (N. Y.) (1828-1841)
Cowen (1-8 vols.) Cow. (N. Y.) (1823-182B) Johnson (1-20 vols.) Johns. (N. Y.) (1806-1823)
Caines (-1-3 vols.) Cai. (N. Y.) (1803-1805) Johnson's Cases (1-3 vols.) Johns. Gas. (N. Y.) (1788-1803)
Caines' Cases (1-2 vols.) Cai. Cas, (N. Y.) (1786-1805)
Coleman's Cases (1 vol.) Col. Cas, (N. Y.) (1784-1800)
Coleman and Caines' Cases (1 vol.) Col. & C. Cas; (N. Y.) (17B4-1805)
Chancery Court Barbour's Chancery (1-3 vole.) Barb. Ch. (it.
Y.) (1845-1848) Paige (1-11 vols.) Paige |N. Y.) (1828-1845) Hopkins (1 vol.) Hopk. (N. Y.) (1823-1826) Johnson's Chnneerv (1-7 vols.) Johns. Ch. (N.
Y.) (1814-1823) Chancery Sentinel (1-6 vols.) Ch. Sent. (N. Y.) (1841-1847)
157
New York — Continued Vice-Chance llora Clarke (lvol.) Clarke (N. Y.) (1839-1841)
Edwards (1-4 vols.) Edw. (N. Y.) (1831-1860)
Hoffman (1 vol.) Hofim. (N. Y.) (1839-1840)
Sandford's Chancery (1-4 vola.) Sandf. Ch. (N. Y.) (1843-1847)
Surrogate Court
Gibbons' Surrogate (1- vols.) Gibb. Surr. (1803-1898)
Powers' Surrogate (1 vol.) Pow. Surr. (1890-1893)
Connoly's Surrogate (1-2 vols.) Connoly Surr. (1888-1861)
Demarest's Surrogate (1-6 vols.) Dem. Surr,
Rcdneld's Surrogate (1-5 vols.) Eedf. Surr. (1846-1882)
Bradford's Surrogate (1-4 vols.) Bradf. Surr. (1848-1867)
Tucker's Surrogate (1 vol.) Tuck. Surr. (1864-1869)
Criminal Court New York Criminal (1- vols.) N. Y. Cr. (1S81- )
Cowen's Criminal (1-2 vols.) Cow. Cr. (N. Y.)
(1867-1878). Parker's Criminal (1-G vols.) Park. Cr. (N. Y.)
(1823-1868)
Wheeler's Criminal (1-3 vols.) Wheel. Cr. (N.
Y.) (1791-1825) City Hall Recorder (1-6 vols.) Ci'y Hall Rec. (N. Y.) (1816-1822)
North Carolina
North Carolina (1- vols.) N. C. (1778- ) Martin (1-2 vols.) 1 N. C. (1778-1797) Taylor and Conference Reports" (1 vol.) ] N. C. (1798-1804)
* Sometimes cited Cameron and Norwood,
158
North Carolina — Continued
Haywood (1-2 vols.) 2-3 N. C. (1789-1806) Carolina Law Repository (1-2 vols.) 4 N. C. (1813-1816)
North Carolina Term Reports (1 vol.) 4 N. C.
(1816-1818) Murphey (1-3 vols.) 6-7 N. C. (1804-1819) Hawks (1-1 vols.) 8-11 N. C. (1820-1826) Devereux's Law (1-4 vols.) 12-15 N. C. (1826-
1834}
Devereux's Equity (1-2 vols.) NJ-17 N. C. (1826-1834)
Devereux and Battle's Law (1-4 vols.) 18-20
N. 0. (1834-1839) Devereux and Battle's Equity (1-2 vols.) 21-22
N. C. (1834-1839) Iredell Law (1-13 vols.) 23-35 N. C. (1840-
1852)
Iredell Equity (1-8 vols.) 36-43 N. C. (1840-1852)
Bushee Law (1 vol.) 44 N. C. (1852-1853) Busbee Equity (1 vol.) 45 N. C. (1852-1853) Jones' Law (1-8 vols.) 46-53 N. C. (1853-1862) Jones' Equity (1-6 vols.) 54-59 N. C. (1853-1863)
Winston (1-2 vols.) 60 N. C. (1863-1864) Phillips' Law (1 vol.) 61 N. C. (1866-1868) Phillips' Equity (1 vol.) 62 N. C. (1866-1868)
North Dakota
North Dakota (1- vols.) N. D. (1890- )
Ohio
Ohio State (1- vols.) Ohio St. (1852- ) Ohio (1-20 vols.) Ohio (1821-1851) Disney" (1-2 voIh.) Disn. (Ohio) (1854-1859) Handyt (1-2 vols.) Handy (Ohio) (1854-1856)
Wright (1 vol.) Wright (Ohio) (1831-1834) Tappan (1 vol.) Tapp. (Ohio) (1816-1819)
•Vol. 1 reported in 12 Ohio Deo. (Reprint), t Vols. 1 and 2 reported in 12 Ohio Dee. (Reprint).
159
Ohio — Continued
Ohio Circuit Court (1- Vote.) Ohio Cir. Ct.
(1885- )
Ohio Circuit Court, New Series (1- vols.)
Ohio Cir. Ct. N. S. (1903- ) Ohio Circuit Decisions (1-12 vols.) Ohio Cir.
Dec. (1885-1901) Ohio Decisions (Reprint) (1- vols.) Ohio Dec.
(Reprint) (1840-1857) American Law Record (1-15 vols.) in 5-6 Ohio
Dec. (Reprint) Am. L. Reo. (1872-1887) American Law Register (N. S.) (2—11 vols.)
in 3 Ohio Dee. (Reprint) Am. L. Reg. N. S.
(1861-1885)
American Law Register (0. S.) (1-8 vols.) in 3 Ohio Dec. (Reprint) Am. L. Reg. O. 8. (18B3-1860)
Cleveland Law Record (1 vol.) in 4 Ohio Dee.
(Reprint) Clev. L. Rec. (1855-1856) Cleveland Law Reporter (1-2 vols.) in 4 Ohio
Dec. (Reprint) Clev. L. Rep. (1877-1879) , Ohio Law Journal (1 vol.) in 3 Ohio Dec. (Reprint) Ohio L. J. (1880-1884) Weekly Law Bulletin (1-30 vols.) In 7-11 Ohio
Dec. (Reprint) Cine. L. Bui. (1876-18B1) Weekly Law Gazette (1-5 vols.) in 3 Ohio Dec.
(Reprint) Wkly. L. Gaz. (1858-1860) Western Law Journal (1-10 vols.) in 1 Ohio
Dec. (Reprint) West. L. J. (1840-1853) Western Law Monthly (1-5 vols.) in 2 Ohio Dec.
(Reprint) West. L. Month. (1858-1862) -Ohio Superior and Common Pleas Decisions (1-
vols.) Ohio S. & C. PI. Dec. (1894- ) Ohio Nisi Prius (1- vols.) Ohio N. P. (1894-)
Cincinnati Superior Court Reporter (1-2 vols.)
Cine. Super. Ct. (1870-1873) Ohio Probate Reports (1 vol.) Ohio Prob.
(1885-1890)
Ohio Federal Decisions (1- vols.) Ohio Fed. Dec (1809- )
Oklahoma
Oklahoma (1- vols.) Okta. (1980- )
100
Oregon (1- vols.) Oreg. (1863- )
Pennsylvania
Supreme Court
Pennsylvania State (1- vols.) Pa. St (1845-)
Moaaghan (1-2 vols.) Hona. (Pa.) (1888-1889) Pennypaeker (1-4 vols.) Pennyp. (Pa.) (1B81-1884)
Walker (1-3 vols.) Walk. (Pa.) (1881-1892) Grant's Cases (1-3 vols.) Grant (Pa.) (1862-1863)
Watts and Sergeant (1-9 vols.) Watts ft S.
(Pa.) (1841-1846) ¦Wharton (1-6 vols.) Whart. (Pa.) (1836-1841) . Watts (1-10 vols.) Watts (Pa.) (1832-1840) Penrose and Watts (1-3 vols.) Penr. ft W.
(Pa.) (1829-1832) Rawle (1-6 vols.) Rawle (Pa.) (1828-1836) Sergeant and Rawle (1-17 vols.) Serg. ft R.
(Pa.) (1814-1828) Binney (1-6 vols.) Binn. (Pa.) (1799-1814) Yeates (1-4 vols.) Yeatee (Pa.) (1791-1808) Addison (1 vol.) Add. (Pa.) (1791-1799) Dallas (1-4 vols.) Dall. (Pa) (1754-1808) Pennsylvania Supreme Court (1-10 vols.) Pa.
Cas. (1889-1888)
Xisi Priua and ftupreme Court
Brightly (1 vol.) Brightly (Pa.) (1809-1E61)
Superior Court Pennsylvania Super. Court (1- vols.) Pa. Super. Ct. (1898- )
District Court
Pennsylvania District Court (1- vols.) Pa.
Dist. (1892- ) Miles (1-2 vols.) Miles (Pa.) (1825-1842)
County Court Pennsylvania County Court (1- vols.) Pa. Co, Ct (1862- )
161
Pennsylvania — Continued Common Pleas Common Pleas Reports (1-4 vols.) C. PI. (Pa.) (1876-1887)
Pearson (1-2 vols.) Pearson (Pa.) (1860-1880)
Parsons' Equity Cases (1-2 vols.) Pars. Eq.
Cas. (Pa.) (1841-1861) Browne (1-2 vols.) Browne (Pa.) (1801-1814)
Miscellaneous Reports
American Law Register (1—0 vols.) Am. L.
Reg. (Pa.) (1852-1801) Ashmead I 1-2 vols.) Ashm. (Pa.) (1808-1841) Blair County Reports (l*-2 vols.) Blair Co.
Rep. (Pa.) {1901- ) Brewster (1-1 vols.) Brewst. (Pa.) (1869-
1873)
Brightly's Election Cases (1 vol.) Brightly El.
Cat. (Pa.) (1871) Chester County Reports (1-2 vols.) Chest. Co.
Rep. (Pa.) (1874-1883) Clark (1-6 vols.) Pa. L. J. Rep. (1872-1873) ¦ Dauphin County Reports (1- vols.) Dauph. Co. Rep. (Pa.) (1899- ) Delaware County Reports (1- vols.) Del. Co.
(Pa.) (1881- ) Hall's Law Journal (1-3 vols.) Hall L. J.
(Pa.) (1808-1810) Hazard Pennsylvania Register (1-16 vols.) Haz.
Reg. (Pa.) (1828-1836) Hopkinson's Decisions (1 vol.) Hopk. Dec.
(Pa.) (1785-1780) Journal of Jurisprudence (1 vol.) Journ. Jurispr.
(Pa.) (1821) Justices* Law Reporter (1- vols.) Just. L. Rep.
(Pa.) (1903- ) Kutp (1- vols.) Knlp (Pa.) (1882- ) Lackawanna Jurist (1- vols.) Lack. Jur. (Pa.)
(1889- )
• Volume 1 not published.
162
Pennsylvania —Continued
Miscellaneous Reports — Continued Lackawanna Legal News (1- Tola.) Lack. Leg.
N. (Pa.) (1896- ) Lackawanna Legal Record (1 vol.) Lack. Leg.
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• (1- vols.) Philippine (1901-
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164
South Carolina —Continued Loir — Continued
Hill (1-3 vols.) Hill (S. C.) (1833-1837) Bailey (1-2 vols.) Bailey (S. C.) (1828-1832) Harper (1vol.) Harp. (S. C.) (1823-1828) McCord (1-4 vols.) McCord (S. C.) (1821-1828) Nott and McCord (1-2 vols.) Nott & M. (S.C.) (1817-1820)
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'Tennessee
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165
• Cooper's Decisions. f Follows 25 Texas.
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188
Texas — Continued
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107
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# 106 U. S. and following volumes take S. Ct.
168
United States — Continued Supreme Court — Continued
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169
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170
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171
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172
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191
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l!tl)
Parallel Citations Found in English Common Law
Adolphus and Ellis
1 in ................ 28 E. C. L.
2 in........................... 29 E. C. L.
3 in........................... 30 E. C. h.
4 in........................... 31 E. C. L.
6 in........................... 31 E. C. h.
0 in........................... 33 E. C. L.
7 in.......................... 34 E. C. L.
8 in........................... 35 B. C. L.
9 in.......................... 38 E. C. L.
10 in........................... 37 E. C. L.
11 in........................... 39 E. C. L.
12 in........................... 40 E. C. L.
Barnewall and Adolphus
1 in..............t............ 20 E. C. L.
2 in........................... 22 E. C. L.
3 in........................... 23 E. C. L.
4 in........................... 24 E. C. L.
6 in........................... 27 E. C. L.
Barnewall and Alderson
3 in........................... 5 E. C. L.
4 in........................... 6 E. C. L.
5 in........................... 7 E. C. L.
Barnewall and Cresswell
1 in........................... 8 K C L,
2 in........................... 9 E, C. L,
3 in........................... 10 E. C. L
4 in........................... 10 E. C. L.
6 in........................... 11 E. C. L.
6 In........................... 13 E. C. L.
7 in ......................... 14 E. C. L.
8 in........................... 18 E. C. L.
B in....................... 17 E. C. L.
10 in........................... 21 E. C. L.
197
Beat and Smith
1 in........................... 101 B. C. L.
2 in........................... 110 E. C. L.
3 in........................... 113 E. C. L.
* in........................... 116 E. C. L.
5 in........................... 117 E. C. L.
6 in........................... 118 E. C. L.
Bingham.................... ..... 8 E. C. L.
2 in........................... 8 E. C. L.
3 in........................... 11 E. C. L.
4 in........................... 13 E. C. L.
5 in........................... 15 E. C. L.
8 in........................... 19 E. C. L,
7 in........................... 20 E. C. L.
8 in........................... 21 E. C. L.
9 in........................... 23 E. C. L.
10 in........................... 25 E. C. L.
Bingham New Cases
1 in........................... 27 E. C. L.
2 in........................... 29 E. C. L.
3 in........................... 32 E. C. L,
4 in........................... 33 F. C. !,.
5 in........................... 35 E. C. L.
6 in........................... 37 E. C. L.
Broderick and Bingham
1 in........................... 5 E. C. L,
2 in........................... 6 E. C. L.
3 in........................... 7 E. C. L.
Carrington and Kirwan
1 in........................... 47 E. C. L.
2 in........................... 61 E. C. L.
Carrington and Marshman
1 in........................... 41 E. C. L.
198
Carrington and Payne
1 in........................... 12 E. C. L.
2 in........................... 12 E. C. L.
3 in........................... 14 E. C. L.
4 in........................... 19 E. C. L.
5 in........................... 24 E. C. L.
6 in........................... 25 K. C. L.
7 in........................... 32 E. C. L.
8 in........................... 34 E. C. L.
9 in........................... 38 E. C. L.
Chitty
1 in........................... 18 E. C. L.
2 in........................... 18 E. C. L.
' ¦ n r. i Rencb
1 in......................... 50 K. C. L
2 in........................... 62 E. C. L,
3 in......................... 51 E, C. L,
4 in........................... 56 E. C. L.
5 in......................... 67 E. C. L.
6 in........................... 80 E. C- L.
7 in....................... 62 E. C. L,
8 in............. ............. 65 E. C. L.
9 in...........................67 E. C, L.
10 in . . .... ____........ 70 K. C. L.
11 in........................... 73 E. C. L.
12 in........................... 74 E. C. L.
13 in.......................... 76 JJ. C. L.
14 in........................... 78 E. C. I..
15 in........................... 80 E. C. 1..
16 in........................... 81 E. C. L.
17 in........................... 84 E, C. I,.
18 in........................... 86 E. C. L.
199
1 in........................... 87 B. C. L.
2 in........................... 89 E. C. L.
3 in........................... 91 E. C. L.
i in........................... 93 E. C. L.
5 in........................... 94 E. C. L.
6 in........................... 95 E. C. L,
7 in........................... 97 E. C. L.
8 in........................... 98 E. C. L.
9 in........................... 99 E. C. L.
10 in............................ 100 E. C. L.
11 in........................... 103 E. C. L-.
12 in........................... 104 E. C. L.
13 in........................... 106 E. C. L.
14 in............................108 E. C. L.
15 in........................... 109 E. C. L.
IB in........................... Ill E. C. L.
17 in........................... 112 E. C. L.
18 in........................... 114 E. C. L.
19 in........................... 115 E. C. L.
1 in........................... 38 E. C. L.
Douglas Reports
3 in........................... 26 E. C. L.
4 in........................... 26 E. C. L.
Dowling and Ryiand
1 in........................... 16 E. C. L.
2 in........................... 16 E. C. L.
3 in........................... 16 E. C. L.
4 in........................... 16 E. C. L.
5 in........................... 16 E. C. L.
0 in........................... 16 E. C. L.
7 in........................... 16 E. C. L.
8 in........................... 16 E. C, L.
9 in........................... 22 E. C. L.
Dowling and Ryland's N. P.
1 in........................... 16 E. C. L.
Common Bench New Series
Elli* and Blackburn
8'i K. C. I.. 85 E. C. 1.. 88 E. C. L.
Ellis. Blackburn, and Ellis
1 in......................... 96 E. C. L.
Ellis and Ellis
1 in........................... 102 E. C. L.
2 in........................... 105 E. C. L.
3 in........................... 107 E. C. L.
G°" in........................... 5 E. C. L.
Holt's Nisi Prius
1 in........................... 3 E. C. L,
Manning and Granger
1 in........................... 39 E. C. L.
2 in........................... 40 E. C. L.
3 in........................... 42 E. C. L.
4 in........................... 43 E. C. L.
5 in........................... 44 E. C. L,
6 in........................... 46 E. C. L.
7 in........................... 49 E. C. L.
Manning and Ryland
1 in........................... 17 E. C. L.
2 in........................... 17 E, C. L.
Marshall
1 in........................... 4 E. C. L,
2 in........................... 4 E C. L.
Moody and Malkin
1 in...........
22 E. C. L.
201
Moore C, P.
............. 4 E. C. L.
2 in........................... 4 E. C. L.
3 in........................... 4 E. C. L.
4 in........................... 16 E. C. L.
5 in........................... 16 E. C. L.
0 in........................... 17 E. C. L.
7 in........................... 17 E. C. L.
8 in........................... 17 E. C. L.
9 in........................... 17 E. C. L.
10 in........................... 17 E. C. L.
11 in........................... 22 E. C. L.
12 in........................... 22 E. C. L.
Moore anil Scott
Nevile and Manning
28 E. C. L. 28 E. C. L. 30 E. C. L. 30 E. C. L.
28 E. C. L. 28 E. C. L. 28 E. C. L.
Nevile and Perry
Queen's Bench
1 (d ......................... II E. C. L
2 fn........................... 42 E. C. I ..
3 io........................... 43 E. C. L.
* in........................... 40 K. C. L.
S in........................... 48 E. C.*L.
• in........................... 61 E. C. L.
7 in........................... 53 E. ('. L.
8 In........................... 55 E. «.:. L.
» In.......................... 68 K. C. L.
10 In.................. ....... 50 E. C. I..
11 in........................... 63 E, C. L.
12 in........................... 64 E C. L.
13 in........................... 66 E. C. L.
14 in........................... 68 E. C. L
15 in........................... 60 E. C. L.
16 in.......................... 71 E. C. L.
17 in........................... 7B E. C- L.
18 in........................... 83 E. C. L.
Ryan and Moody
1 in........................... 21 E. C. L.
Scott
2 In........................... 30 E, C. L.
3 in........................... 36 E. C. L.
4 in........................... 36 E. C. L.
Starkie
1 in........................... 2 E. C. L.
2 in........................... 3 E. C. L,
3 in........................... 3 E. C. L.
Taunton
Faratlel Citatum* Found in English Chanowy
Beavim (see Reprint also)
1 in........................... 17 Eng. Ch.
2 in........................... 17 Eng. Ch.
3 in........................... « Eng. Ch.
7 in........................... 29 Eng. Cb,
Collyer Chancery (see Reprint also)
1 in........................... 28 Eng. Ch.
2 in........................... 33 Eng. Ch.
Cooper's Chancery (see Reprint also)
1 in........................... 10 Eng. Ch.
Craig and Phillips Chancery (see Reprint also)
1 in........................... 18 Eng. Ch.
De Gex, Fisher and Jones (see Reprint also)
1 in........................... 82 Eng. Ch.
2 in........................... 63 Eng. Ch.
3 in........................... 64 Eng. Ch.
4 in........................... 65 Eng. Cb,
De Gex and Jones (see Reprint also)
1 In........................... 68 Eng. Ch.
2 in........................... 59 Eng. Ch.
3 in........................... 60 Eng. Ch.
4 in........................... 91 Eng. Ch.
De Gex, Jones and Smith (see Reprint also)
1 in ......................... 66 Eng. Ch.
2 in........................... 67 Eng. Ch.
3 In........................... «8 Eng. Ch.
4 in........................... 60 Eng. Ch.
De Gex, Macnaghten and Gordon (see Reprint also)
1 in........................... 50 Eng. Ch.
2 In........................... 51 Eng. Ch.
3 in........................... 52 Eng. Ch.
4 in........................... 63 Eng. Ch.
5 in........................... 54 Eng. Ch.
« in........................... 55 Eng. Cb.
7 in.;................^....... 56 Eng. Ch.
8 in........................... 57 Eng. Cb,
Hare (see Reprint also) _
1 in.............. 23 Eng. Ch.
2 in. ........ ...... 24 Eng. Ch.
3 in .................... 25 Eng. Ch.
4 in .................. 30 Eng. Ch.
5 j„ .................... 26 Eng. Ch.
6 in........................... 31 Fng Ch.
7 in......... ................. 27 Eng. Cb.
8 in ................. 32 Eng. Ch.
g in ................... 41 Eng. Ch.
IQ in ................ 44 Eng. Ch.
11 in!'..!...................... 44 Eng. Ch.
Jacob (tee Reprint also)
1 in........................... 4 Eng. Ch.
Keen's Reports (see Reprint also)
1 in............. 15 Eng. Ch.
2 in........................... 15 Eng. Ch.
Lloyd and Goold temp. Sugder,
ig. Cb.
Macnaghten and Gordon (see Reprint also)
1 iH ............ 47 Eng. Ch.
2 in ............ 48 Eng. Ch.
3 in'..'......................... 49 Eng. Ch.
Mylne and Craig (see Reprint also)
1 i„ ................... 13 Eng. Ch.
2 in ...................... W Eng. Ch.
3 i„ .................. 14 Eng. Ch.
i in" ............ 18 Eng. Ch.
5 in.'.':'.'....................... 46 Eng. Ch.
Mvlne and Keen (see Reprint also)
1 in ............. 7 Eng. Ch.
2 in.......................... 7 Eng. Ch.
3 in........„„................ 10 Eng. Ch.
Phillips' Chancery (see Reprint also)
1 in........................... IB Eng. Ch.
2 in........................... 22 Eng. Ch.
205
Russell (see Reprint also)
¦ 1 in........................... 46 Eng. Ch.
2 in........................... 3 Eng. Ch.
3 in........................... 3 Eng. Ch.
4 in........................... 4 Eng. Ch.
5 in........................... 6 Eng. Ch.
Russell and Mylne (see Reprint also)
1 in........................... 5 Eng. Ch.
2 in........................... 11 Eng. Ch.
Select Cases in Chancery
1 in........................... 13 Eng. Ch.
Simons' Reports (see Reprint also)
1 in........................... 2 Eng. Ch.
2 in........................... 2 Eng. Ch.
3 in........................... 6 Eng. Ch.
4 in........................... 6 Eng. Ch.
5 in........................... 9 Eng. Ch.
6 in........................... 9 Eng. Ch.
7 in:.......................... 8 Eng. Ch.
8 in........................... 8 Eng. Ch.
9 in........................... 16 Eng. Ch.
10 in........................... 16 Eng. Ch.
11 in........................... 34 Eng. Ch.
12 in........................... 35 Eng. Ch.
13 in........................... 36 Eng. Ch.
14 in........................... 37 Eng. Ch.
15 in........................... 38 Eng. Ch.
16 in........................... 39 Eng. Ch.
17 in........................... 42 Fng. Ch.
Simons New Series (see Reprint also)
1 in........................... 40 Eng. Ch.
2 in........................... 42 Eng. Ch.
Simons and Stuart (Bee Reprint also)
1 in........................... I Eng. Ch.
2 in........................... 1 Eng. Cb.
Tamlyn («¦*¦ Reprint also)
I Ji„........ .................. 12 Eng. Ch.
Turner and Russell (see Reprint also)
1 in........................... 12 Eng. Ch.
Younite snd Collyer Chancery (see Reprint also)
1 In ....... 20 Eng. Ch.
2 in........................... 21 Eng. Ch.
Parallel Ctiations Found in EngtUh Reprint
1 in...................... 12 Eng. Reprint
2 in...................... 12 Eng. Reprint
"^kfin...................... 82 Eng. Reprint
Ambler's Chancery
1 jn...................... 27 Eng. Reprint
Atkyn's Chancery
1 in...................... 26 Eng. Reprint
2 in...................... 26 Eng. Reprint
3 in...................... 26 Eng. Reprint
20"
Beavan (see Chancery also)
1 in.................. ... 18 Eng. Reprint
2 in.... ................. 48 Eng. Reprint
3 in................ ____ 40 Eng. Reprint
4 in____..... ____ 40 Eng. Reprint
6 in.................. . 4H Eng. Reprint
6 in..... ................ 40 Eng. Reprint
7 in......_____......... 43 Eng. Reprint
8 in..................... 50 Eng. Reprint
9 in......__________ 60 Eng. Reprint
10 in......_____..... 50 Eng. Reprint
11 in..................____ 50 Eng. Reprint
12 in............_______ . 50 Eng. Reprint
13 in......_____........ 51 Eng. Reprint
14 in............... .. 61 Eng. Reprint
16 in................. , . 51 Eng. Reprint
18 in.... ................. 61 Eng. Reprint
17 in..................... 51 Eng. Repnnt
18 in..................... 52 Eng. Reprint
19 in................. .____ 52 Eng. Reprint
20 in........_____......... 52 Eng Reprint
21 in........ ..... ...... 52 Eng. Reprint
22 In....,______. . ..... 52 Eng Reprint
23 in...... ............. 53 Eng Reprint
24 in...................... 53 Eng. Reprint
25 in..................... 53 Eng Reprint
26 in............ _____... 53 Eng, Reprint
27 in................._____ 54 Eng. Reprint
28 in...................... 64 Eng, Reprint
29 in...................... 54 Eng. Reprint
30 in...................... 64 Eng, Reprint
31 in...................... 54 Eng Reprint
32 in...................... 55 Eng. Reprint
33 in ..................... 55 Eng. Reprint
34 in...................... 55 Eng. Reprint
35 in...................... 55 Eng. Reprint
36 in ..................... 66 Eng. Reprint
72 Eng. Reprint
73 Eng. Reprint
Brook New Cases
* four. Reprint
4 Eng. Riprint
4 Eng. Reprint
4 hag. Reprint
4 Eng. Reprint
1 Eng. Reprint
4 Eng. Reprint
5 t'":' pi i i
5 Eng. Reprint ."¦ Eng. Reprint
6 Eng. Reprint 5 Eng. Reprint
5 Eng. Reprint
6 Eng. Reprint 6 Eng. Reprint
Brown Parliamentary Coses
« In 7 in.. S in
28 Eng. Reprint 20 Eng. Reprint
29 Eng. Reprint 29 Eng. Reprint
: Eng. Reprint
l Eng. Rrprint
i Reprint
2 I'M- Reprint
2 Eng. Reprint
)¦ F..R, Reprint
V...- Reprint
Eng Reprint
80 Kng Reprint
ftf) Re print
fl K:.g Reprint
Calthrope 80 Eng. Reprint
1 in......................
Caxtbow 9(j j;ng. Reprint
Cary Chancery ^ 2j E„g_ Reprint
Cases in Chancery ^ ^ ^ E|]g] Reprint
1 in...................... 22 Eng. Reprint
2 in..................22 Eng. Reprint
Cases temp. King ^ g. Eng Reprint
Cases temp. Talbot 25 Eng. Reprint
Chancery Reports ^ 21 Eng Reprint
1 in...................... 21 Eng. Reprint
| |n.................21 Eng. Reprint
Choyce Cases in Chancery..... ^ Eng_
Clark ami Finnelly Q R(,print
1 t»...................... C Eng. Reprint
« »n................. 0 Eng. Reprint
3 m . ........... i Eng. Reprint
* in..... '* 7 Eng. Reprint
5 m.....................\ J Eng. Reprint
6 in...................... 7 Eng. Reprint
I \n.................... 8 Eng. Reprint
B in............ g Eng. Keprint
9 I" ------ a Eng. Reprint
10 in..................... s Eng. Reprint
II |n ........ 8 Eng. Reprint
¦¦: 0
Coke
1 in...................... 70 Eng. Reprint
2 in...................... 76 Eng Hr print
3 in...................... 7i. Khj.' K. ;innt
4 in...................... 76 Eng Reprint
G in...................... 77 Eng. Reprint
B in...................... 77 Eng. Reprint
7 in...................... 77 Eng, Reprint
8 in...................... 77 Eng. Reprint
9 in...................... 77 Eng. Reprint
10 in...................... 77 Eng Reprint
1) in...................... 77 Knj* Reprint
12 in...................... 77 Eng. 1: -;¦ r ¦ ri t
13 in...................... 77 Eng. Reprint
Colles
1 in...................... 1 Eng. Reprint
Oollyer Chancery l«oc Chancery also)
1 in...................... 03 Eng Reprint
2 in...................,.. 63 Eng. Reprint
Comberbach
1 in...................... 90 Eng. Reprint
Comynu K. B.
1 in...................... 92 Eng. Reprint
Cooper's Chancery (see Chancery 1 in...................... also)
36 Eng. Reprint
Cooper's Practice Cases 1 in......................
47 Eng, Reprint
Cooper temp. Brougham
47 Eng. Reprint
Cooper temp. Cofctenham
1 in.... ................. 47 Eng. Reprint
2 in...................... 47 Eng. Reprint
Cox's Chancery
20 Eng. Reprint
2 in...................... 30 Eng. Reprint
211
Craig and Phillips (see Chancery also)
I in...................... 41 Eng. Reprint
Croke Car.
1 in...................... 7B Eng. Reprint
Croke Etta,
1 in...................... 78 Eng. Reprint
Croke Jac.
1 in...................... 79 Eng. Reprint
Davys
1 In...................... 80 Eng, Repnnt
De Gex, Fisher and Jones (see Chancery also)
1 in............... 46 Eng Reprint
2 in...................... 45 Eng. Reprint
3 in..................... 45 Eng. Reprint
4 in................. .... 45 Eng. Reprint
De Oex and Jones (see Chancery also)
1 in.. ................... 41 Eng. Reprint
2 in................ ____ 44 Eng, Reprint
3 In.................. 44 Eng Reprint
4 In...................... 46 Eng. Reprint
De Gex. Jones and Smith (see {"hancery also)
1 in................ ..... 46 Eng. Reprint
£ in...................... 46 Eng. Reprint
8 in...................... 46 Eng. Reprint
4 in...................... 46 Eng. Reprint
Do Gex. Marnagliten and Gordon (see Chancery llso)
1 in...................... 42 Eng. Reprint
2 in...................... 42 Eng. Reprint
3 in .................. 41 Eng. Reprint
4 in...................... 43 Eng. Reprint
5 in...................... 43 Eng. Reprint
B in...................... 43 Eng. Reprint
7 in................ ..... 44 Eng. Reprint
8 in...................... 44 Eog. Reprint
212
De Gex and Smale
1 in................. 2 in................. 3 in................. & in.................
Dickens' Chancery 1 in.................
Donnelly 1 in.................
DOW 1 in................. 2 in................. H in ................ 4 in................. B in______........... ft in,................ ..... 3 Eng. Reprint ..... 3 Eng. Reprint .... 3 Eng. Reprint ..... 3 Eng. Reprint ..... 3 Eng. Reprint ..... 3 Eng. Reprint
Dow and Clark 1 in................. 2 in................. ..... 6 Eng. Reprint ..... 0 Eng. Reprint
Drewry 1 in................. 2 in................. 3 in................. t in................. ..... 61 Eng. Reprint ... 61 Eng. Reprint _____ 61 Eng. Reprint ..... 62 Eng. Reprint
Drewry and Smale 1 in................. 2 in................. ..... 62 Eng. Reprint ..... 62 Eng. Reprint
Dyer 1 in.................
Eden 1 in.................
Equity Cases Abridged
2 in"!!;!!!"""!
Forte acue
Freeman K. B.
Freeman's Chancery
Gi Sard's Chancery
2 in.........
3 in.........
4 in.........
5 in.........
Gilbert's Reports
Godbolt
Gouldsborough
Hall and Twells' Chancery
1 in...................
2 in...................
Hare (see Chancery also]
1 in...................
2 in...................
6 in. 1 in.
8 in.
9 in. 10 in.
21 22 Eng. Eng. Reprint Reprint
02 Eng. Reprint
80 22 Eng. Eng. Reprint Reprint
05 BO (10 06 GO Eng, Eng. Eng, Eng. Eng. Reprint Reprint Reprint Reprint Reprint
25 Eng. Reprint
78 Eng. Reprint
75 Eng. Reprint
47 Eng. Reprint 47 Eng. Reprint
06 Eng. Reprint 67 Eng. Reprint 67 Eng. Reprint 67 Eng. Reprint 67 Eng. Reprint
67 Eng. Reprint
68 Eng. Reprint 68 Eng. Reprint 88 Eng. Reprint 68 Eng. Reprint 68 Eng. Reprint
214
1 i
Jacob [see Chaneerv also J
1 in...................
Jacob and Walker
1 in................
2 in..................
Johnson's Chancery
1 in.........;.........
Johnson ami Hemming
I Kn,:
II Eng.
10 Eng.
10 Eng
10 Kng in I'.ng.
11 Kng II Eng, 11 Kng. 11 Eng. 11 Eng.
Reprint Reprint
Reprint Reprint Reprint Reprint
pr i.t
Reprint
Reprint Kepnnt Ki-jii ii i Rrprint
37 Eng. : 37 Eng. ;
Hemming and Miller
1 in...................... 71 Eng.
2 in...................... 71 Eng.
Hobart
1 in...................... 80 Eng,
Holt Equity
1 in...................... 71 Eng.
2 in...................... 71 Eng.
Holt K. B.
I in...................... 90 Eng.
Hun*- i)f Cords Cases
21S
Kay and Johnson
1 in...................... 69 Eng. Reprint
2 in...................... 69 Eng. Reprint
3 in...................... 69 Eng. Reprint
4 in...................... TO Eng. Reprint
Kettle
1 in...................... 83 Eng. Reprint
2 in...................... 84 Eng. Reprint
3 in...................... 84 Eng. Reprint
Keen's Reports (see Chancery also)
1 in...................... 48 Eng. Reprint
2 in...................... 48 Eng. Reprint
1 in...................... 72 Eng. Reprint
Kelyng's Crown Cases
1 in...................... 84 Eng. Reprint
Knapp
1 in...................... 12 Eng. Reprint
2 in...................... 12 Eng. Reprint
3 in...................... 12 Eng. Reprint
Latch
1 in..................... 82 Eng. Reprint
Leonard
1 in...................... 74 Eng. Reprint
2 in...................... 74 Eng. Reprin'.
3 in...................... 74 Eng. Reprint
4 in...................... 74 Eng. Reprint
1 in...................... 83 Eng. Reprint
2 in...................... 83 Eng. Reprint
3 in...................... 83 Eng. Reprint
Ley
1 in...................... 80 Eng. Reprint
Lord Raymond
1 in...................... 91 Eng. Reprint
2 in...................... 92 Eng. Reprint
3 in...................... 92 Eng.. Reprint
Maclean and Rohinson
1 in................ . .. 9 Eng. Reprint
Macnagiiten and Gordon (see Chancery also)
t in...................... 41 Eng. Reprint
2 In................______ 42 Eng. Reprint
3 in..................____ 42 Eng. Reprint
Maddock Chancery
1 in................... .. 56 Eng. Reprint
2 in_____----............. 56 Eng. Reprint
3 in.. ................ 56 Eng. Reprint
4 tn.......... ........... 50 Eng. Reprint
5 In...................... 56 Eng. Reprint
6 in...................... 56 Eng. Reprint
March
1 in...................... 82 Eng. Reprint
Me ri sale
1 in..................... 35 Eng. Reprint
2 in...................... 35 Eng. Reprint
3 in...................... 36 Eng. Reprint
Modern
1 in______................ 86 Eng. Reprint
2 in...................... 86 Eng. Reprint
3 In............._________ 87 Eng. Reprint
4 in...................... 87 Eng. Reprint
6 in...................... 87 Eng. Reprint
6 In...................... 87 Eng. Reprint
7 in...................... 87 Eng. Reprint
8 in...................... 88 Eng. Reprint
6 in...................... B8 Eng. Reprint
10 in...................... 88 Eng. Reprint
11 in...................... 88 Eng. Reprint
12 in.. ................... 88 Eng. Reprint
217
Moore's I-Ap ¦ ¦'.
18 Eng. Reprint 18 Eng. Reprint 18 Kng, Reprint IS Eng. RHprint 18 Eng. Reprint 111 Eng. Reprint
18 Eng. Reprint
19 Eng. Reprint 1!) Kng. Reprint
19 Eng. Reprint
20 Eng. Reprint 20 Eng. Reprint 20 Eng. Reprint 20 Eng. Reprint
72 Eng. Reprint
1 in.'........... .......... 12 Eng. Reprint
2 in............ ...... 12 Eng. Reprint
13 Eng. Reprint
4 in............ __________ 13 Eng. Reprint
6 in............ , ......... 13 Eng. Reprint
8 in............ .......... 13 Eng. Reprint
7 in........... .......... 13 Eng. Reprint
....._____ 11 Kng. Reprint
n in............ .... . ... 14 Eng. Reprint
10 In ........... ........ 14 Eng. Reprint
11 in............ .......... 14 Eng. Reprint
12 in............ .......... 14 Eng. Reprint
13 in............ ......____ 15 Eng. Reprint
14 in........... ......... 15 Eng. Reprint
16 in............ ......... 15 Eng. Reprint
Moore P. C. New Series
1 in____........ .......... 15 Eng. Reprint
2 in........... ........ 13 Eng. Reprint
3 in............ .......... 16 Eng. Reprint
4 in............ ...... ... 16 Eng. Reprint
ft in......... ____ 16 Eng. Reprint
ft in............ _____..... 16 Eng. Reprint
7 in............ . ........ 17 Eng. Reprint
8 in............ .......... 17 Kng. Reprint
0 in............ .......... 17 Eng. Reprint
Mi -elv
1 in............ .......... 25 Eng. Reprint
Mylne and Craig (s*
Chancery also)
,......... 40 Kng. Reprint
..... 40 Kng, Reprint
.......... 40 Eng. Reprint
.41 Kng. Reprint
......... 41 Eng. Reprint
Nelson's Chancery
1 in...................... 21 Eng. Reprint
Noy
1 in...................... 74 Eng. Reprint
1 in...................... 74 Eng. Reprint
Palmer
1 in...................... 81 Eng. Reprint
Peere-Williams
1 in...................... 24 Eng. Reprint
2 in...................... 24 Eng. Reprint
3 in...................... 24 Eng. Reprint
Phillips (see Chancery alio)
1 in...................... 41 Eng.
2 in...................... 41 Eng.
Plowden
1 in...................... 76 Eng.
Pollexfen
1 in...................... 86 Eng.
Popham
1 in...................... 79 Eng.
Precedents in Chancery
1 in...................... 24 Eng.
Reports temp. Finch
1 in...................... 23 Eng.
Ridgeway temp. Hardwicke
1 in...... ............... 27 Eng.
Rolle K. B.
1 in...................... 81 Eng.
2 in...................... 81 Eng.
Russell and Milne (see Chancery also)
1 m................ ... 39 Eng.
2 in........... ..... .. 39 Eng.
Russell Reports (see Chancery alsci)
1 in...................... 38 Eng.
2 in................. - - 38 Eng.
3 in................. 38 Eng.
4 in...................... 38 Eng.
5 in...................... 38 Eng.
Salkeld
1 in_____ ................ 91 Eng.
2 in ................. PI Eng
8 In...................... 91 Eng.
Reprint
Reprint
Reprint
Reprint
Reprint
Reprint
Reprint Reprint
Reprint l;.|irir.t Rf print
Repi int
Reprint Reprint Reprint
220
Saunders
1 in...................... 85 Eng. Reprint
2 in...................... 85 Eng. Reprint
Shower K. B.
1 in...................... 89 Eng. Reprint
2 in...................... 89 Eng. Reprint
Shower's Parliament Cases
1 in...................... 1 Eng. Reprint
Siderfin
1 in...................... 82 Eng. Reprint
2 in.............______,. , 82 Eng. Reprint
Simons' Chancery (sec Clianoery also)
1 in..................... 57 Eng. Reprint
2 in...................... 67 Eng. Reprint
3 in ......_____....... 57 Eng. Reprint
4 in...................... 58 Eng. Reprint
5 in. , ,................... 68 Eng. Reprint
S in...................... 58 Kng. Reprint
7 in..................____ 58 Kng. Reprint
8 in.................____ 59 Eng. Reprint
9 in ..................... 69 Eng Reprint
10 in...................... 59 Eng. Reprint
11 in.................... 59 Eng. Reprint
12 In.......... _____ 611 Eng. Reprint
13 in...................... 00 Eng. Reprint
14 in...................... 00 Eng. Reprint
15 in...................... 00 Eng. Reprint
16 in..................... 60 Eng. Reprint
17 in................... .. 00 Eng. Reprint
Slmnna New Serirs (w Chancery al-to)
1 in...................... '61 Eng. Reprint
2 in..................... 61 Eng. Reprint
Simon* and Stuart (see Chancery also)
1 in................... 87 Eng. Reprint
2 in. .........._____...... 67 Eng. Reprint
Skinner
I hi____.................. 90 Eng Rpprint
221
8ma1e and (fiffard
1 in............... 60 Eng. Reprint
2 in................ ,... 65 Eng. Reprint
3 in . ............... 60 Eng. Reprint
Style
1 in_____................. 82 Eng. Reprint
Swanston'a Chancery
1 in...................... 36 Kng. Reprint
2 in ........_______...... 36 Kng. Reprint
3 in............. ...... 36 Kng. Reprint
Tamlvn (see Chancery also)
1 in...................... 48 Eng. Reprint
T. Jones
J in...................... 84 Eng. Reprint
Tothill
1 in...................:.. 21 Eng. Reprint
T. Raymond
1 in...................... 83 Eng. Reprint
Turner and Russell (sec Chancery also)
1 in...................... 37 Eng. Reprint
Ventris
1 in...................... 86 Eng. Reprint
2 in...................... 86 Eng. Reprint
Vernon's Chancery
1 in...................... 23 Eng. Reprint
2 in...................... 23 Eng. Reprint
Vesey and Beames
1 in...................... 35 Eng. Reprint
2 in...................... 35 Eng. Reprint
3 in...................... 35 Eng. Reprint
1 in............ .......... 30 Eng. Reprint
2 in............ .......... 30 Eng. Reprint
3 in........... .......... 30 Eng. Reprint
4 in........... .......... 31 Eng Reprint
5 in............ .......... 31 Eng. Reprint
6 io............ ......... 31 Eng. :i( |t.i.'.
7 in............ .......... 32 Eng.
8 in............ ......... 32 Eng. Reprint
9 in........... .......... 32 Eng. Reprint
10 in........... ......... , 32 Eng. Reprint
11 in............ .......... 32 Eng. Rvpnnt
12 in.......... ........ 33 Eng. Reprint
13 In............ .......... 33 Eng. Reprint
14 in...... ....... 33 Eng. Reprint
10 in .......... ......... 33 Eng. !¦)[¦:
16 in............ .......... 33 Eng. Reprint
17 in......... ......... 34 Eng. K)'|)rn'.(
18 in....... . _____ 34 Eng. Reprint
19 in......... .......... 34 Eng. Reprint
Veeey Junior Supplement
1 in...................... 34 Eng. Reprint
2 in.................... 34 Eng. Reprint
Veaey Senior
1 in_____.............____ 27 Eng. Reprint
2 in...................... 28 Eng. Reprint
Veaev Senior Supplement
1 in_____................ 28 Eng. Reprint
West H. I,.
1 in...................... 9 Eng. Reprint
West temp. Hardwicke
1 in.................... 26 Eng. Reprint
W. Jones
1 in...................... 82 Eng. Reprint
William Kelynge
1 in...................... 26 Eng. Reprint
223
CANADIAN REPORTS
In General
Canada Supreme Court Reports (1- vols.) Can.
Sup. Ct. (1876- ) Canada Criminal Cases (1- vols.) Can. Cr. Cas.
(1892- )
Canadian Exchequer Reports (1- vols.) Can,
Exch. (1875- ) Canada Law Journal New Series (1- vols.)
Can. L. J. N. S. (1865- ) Canada Law Journal Old Series (1-10 vols.)
Can. L. J. (1865-1864) Canadian Law Times Occasional Notes (1-
vols.) Can. L. T. Occ. Notes (1882- ) Canadian Railway Cases (1- vols.) Can. R. Cas.
( , )
Cartwright's Cases (1-3 vols.) Cartwr. Cas.
(Can.) (1882-1887) Commercial Law Reports (1- vols.). Com. L.
Rep. (Can.) (1901- ) Patrick's Election Oases (1 vol.) Patrick El.
Cas. (Can.) (1824-1849) Revue Critique (1-3 vols.) Rev. Crit. (1871-
1876) \
Revue de Jurisprudence (1- vols.) Rev. de Jur. (1885- )
Revue de Legislation (1-3 vols.) Rev. de Legis. (1845-1848)
Revue Legale (1-11 vols.) Rev. Leg. (1869-1882) Western Law Reporter (1- vols.) West. L. Rep, (1906- )
Wilson's Chancery
1 in...................... 37 Eng. Reprint
2 in...................... 37 Eng. Reprint
Yelverton
1 in...................... 80 Eng. Reprint
Younge and CoHyer (see Chancery also)
1 in...................... 62 Eng. Reprint
2 in...................... 63 Eng. Reprint
224
British Columbia
British Columbia Reports (1- vols.) Brit. Col. (1967- )
Manitoba
Manitoba Law Reports (1- vols.) Manitoba (1871- )
Manitoba Law Journal (1-2 vols.) Manitoba
L. J. (1884-1885) Manitoba temp. Wood (1 vol.) Manitoba t. Wood
(1876-1883)
Western Taw Times (1-6 vols.) West. L. T. (Manitoba)
New Brunswick
New Brunswick Reports (1- vols.) N. Brunsw.
(1825- ) Allen (6 vols. [6-11 New Brunswick]) Berton (1 vol. [2 New Brunswick]) Carleton (3 vols. [33-35 New Brunswick]) Chipman (1 vol. [ 1 New Brunswick]) Hannay (2 vols. [12-13 New Brunswick]) Kerr (3 vols. [3-5 New Brunswick!) Fugsley (3 vols. [14-16 New Brunswickl) Pugsley and Burbidge (5 vols. [17-21 New
Brunswick]) Pugslcy and Trueman (1 vol. [22 New Brunswick])
Trueman (10 vols. [23-32 New Brunswick]) New Brunswick Equity Reports (1- vols.) N.
Brrunsw. Eq. (1804- ) Stockton's Vice-Admiralty (1 vol.) Stockt. Vice-
Adm. (N. Brunsw.) (1870-1881) Trueman's Equity Cases (1 vol.) Truem. Eq.
Cas. (N. Brunsw.) (1878-1803) Trueman's Equitv Reports (1-2 vols.) Truem.
Eq. Rep. (N. Brunsw.) (1894-1904)
Northwest Territories
Northwest Territories Reports (1-, vols.) Northwest Terr. (1885- )
223
* Cited 1, 2, 3 Nova Scotia Dee. 8
Nova Scotia
Nova Scotia Reports (1- vols.) Nova Scotia
(1834- ) Cochran (1 vol. [4 Nova Scotia]) Geldert and Oxley* (3 vols. [7-9 Nova Scotia]) Geldert and Russell (12 vols. [28-39 Nova
Scotia])
James (1 vol. [2 Nova Scotia]) Oldright (2 vols. [5-8 Nova Scotia]) Russell and Chesley (3 vols. [10-12 Nova Scotia])
Russell and Geldert (15 vols. [13-27 Nova Scotia])
Thompson (1 vol. [3 Nova Scotia]) Thomson (1 vol. [1 Nova Scotia]) Nova Scotia Decisions (1-3 vols.) Nova Scotia
Dec. (1866-1875) Russell's Equity Cases (1 vol.) Russ. Eq. Cas.
(Nova Scotia) (1873-1882) Russell and Cheslev's Fruity Cases (1 vol.) Russ.
& C. Eq. Cas. ('Nova Scotia) (1873-1878) Stewart's Reports (1 vol.) Stew. (Nova Scotia)
(1803-1813)
Young's Admiralty Decisions (1 vol.) Young Adm. (Nova Scotia) (1866-1880)
Ontario
Ontario Law Reports (1- vols.) Ont. L. Rep. (1901- )
Ontario Appeal Reports (1-27 vols.) Ont. App. (1876-1900)
Ontario Reports (1-32 vols.) Ont. (1882-1900) Ontario Weekly Reports (1- vols.) Ont. Wkly.
Rep. (1902- ) Ontario Election Cases (1-2 vols.) Ont. El. Cas.
(1884-1900)
Ontario Practice Reports (1-19 vols.) Ont. Pr. (1830-1900)
Clarke and Scully's Drainage Cases (1-2 vols.) Clarke A S. Dr. Cas. (Ont.) (18B8-1903)
¦1M
Ontario — Continued
Chamber's Reports (1-2 vols.) C. L. Chamb.
(U. C.) (1848-1853) Chancery Chamber's Reports (1-4 vols.) Ch.
Chamb. (U. C.) (1858-1872) Draper's Reports (1 vol.) Draper (U. C.) (1828-1830)
Grant's Chancery Reports (1—29 vols.) Grant
Ch. (U. C.) (1849-1882) Grant's Error and Appeal Reports (1-3 vols.)
Grant Err. ft App. (U. C.) (1846-1868) Harrison and Hodgins' Reports (1 vol.) Harr. 4
Hodg. (U. C.) (1845-1851) Hodgins' Election Reports (1 vol.) Hodg. El.
Rep. (U. C.) (1871-1878) Taylor's Reports (1 vol.) Taylor (U. C.) (1823-
1827)
Upper Canada Common Pleas (1-32 vols.) U. C.
C. P. (1850-1882) Upper Canada Queen's Bench (1-46 vols.) U. C.
Q. B. (1844-1882) Upper Canada Queen's Bench Old Series (1-6
vols.) I'. C. Q. B. O. S. (1831-1844)
Prince Edward Island
Prince Edward Island Reports (Haszard and Warburton) (1-2 vols.) Pr. Edw. Isl. (1850-1882)
Haviland's Reports (1 vol.) Havil. (Pr. Edw. Isl.) (1850-1872)
Quebec Practice Reports (1- vols.) Quebec Pr. (1808- )
Quebec Official Reports Queen's Bench (1- vols.)
Quebec Q. B. (1892- ) Quebec Revised Judicial Reports (1-29 vols.)
Quebec Rev. Jud. (1726-1891) Quebec Official Reports Superior Court (1- vols.)
Quebec Super. Ct. (1892- ) Cook's Vire-Admiralty Reports (1 vol.) Cook
Vice-Adm. (L. C.) (1873-1884)
Quebec — Continued
Dorion's Reports (1-4 vols.) Dorion (L. C.)
(1881-186o)
Lower Canada Jurist (1-26 vols.) L. C, Jur. (1856-1882)
Lower Canada Law Journal (1-4 vols.) L. C.
L. J. (1866-1868) Lower Canada Reports (1-17 vols.) L. C. Rep.
(1850-1867)
Lower Canada Reports Seignorial Questions (1-2
vols.) L. C. Rep. S. Qu. (1854-1856) Montreal Condensed Reports (1 vol.) Montreal
Cond. Rep. (1854) Montreal Legal News (1-14 vols.) Montreal Leg.
N. (1878-1801) Montreal Law Reports Queen's Bench (1- vols.)
Montreal Q. B. (1885- ) Montreal Law lV|mi-ts Supvtun' Court (1- vols.)
Montreal Super. Ct. (1885- )
NEWFOUNDLAND REPORTS
Newfoundland
Newfoundland Reports (1- vols.) Newfound). (1817- )
Tucker's Select Cases (I vol.) Tuck. Sel. Cas. (Newfoundl.) (1817-1828)
AUSTRALIAN REPORTS
New South Wales
Knox (1 vol.) Knox (N. S. Wales) (1877- ) Knox and Fit/liardinge (1-2 vols.) Knox & F.
(N. S. Wales) (1878-18711) New South Wales Law Reports (1-2 vols.) N. S.
Wales L. Rep. (1880-1881) New South Wales Reports (1-14 vols.) N. R.
Wales (1802-1870) Reserved and Equity Judgments (1-2 vols.)
Res. & Eq. Judg. (N. S. Wales) (1845- )
22*
Queensland
Queensland Law Reports ( ) Queensl. L. Rep. (1879-1378)
Queensland Law Journal (1- vols.) Queensl. L. J. (1881- )
South Australia
South Australian Law Reports (1-12 vols.) S. Austr. L. Rep. (1867-1878)
Victoria
Victorian Law Reports (1-7 vols.) Vict. L. Rep. (1876-1882)
Victorian Report* (1-3 vols.) Vict. (1870-1872] A'Beckett's Reserved Judgments (1-3 vols.)
A'Beck. Res. Judg. (Vict.) (1846-1848) Australian Jurist (1-5 vols.) Austr. Jur. (1889-
1874)
Australian Law Times (1-4 vols.) Austr. L. T. (1879-1882)
Victorian Law Times (1-2 vols.) Vict. L. T.
(1856-1857) Victorian State Trials Vict. St. Tr. Wyatt and Webb (1-2 vols.) W. A W. (Vict.)
(1861-1863)
Wyatt. Webb and A'Beckett (1-6 vols.) W. W. & A'Beck. (Vict.) (1863-1869)
INDEX
Alabama.......................... PAOE ............ 147
Alaska............................. ............ 147
Arisooa.................----------- ............ 148
Arkansas . . . ................... ............ 148
Australian ..................... ............ 227
British Columbia.................... ............ 224
California.......................... ............ 148
Canadir-n........................ ............228
Colorado.......................... ............ 148
Connecticut........................ ............ 148
Dakota ...................... ............ 148
Delaware ......,,------------ .........148
District of (nlumliia.......... ........140
English Chen eery.................. ........... 208
English Common 1 a(h ........ ............ 106
English, Irish, and Scotch....... ............ 172
English Reprint.................... Federal............................ ............ 206 ............ 167
Florida............................ ............ 149
............ 149
Hawaii ........................... ............ 149
Idaho.......... .................. ............ 149
Illinois............................. ............ 149
Indiana. ., . ........................ Indian Territory—................ 150
............ 150
Kansas......................------- ............ 150
Kentucky.......................... ............ 150
Ixniisiana........................... ............ 151
Main*.............................. ............ 151
Manitoba.......................... ............ 224
Maryland........................... ............ 151
Massachusetts............... ............ 152
Michigan.......................... ............ 152
Minnesota. ........................ ............ 152
Miscellaneous...................... ............. 170
Mississippi......................... ............ 152
--'¦i
.'¦Ml
............. 168 ............. 158
Nebraska..... ............. 16S ............. 158
New Hrunswick........... ¦ ............. 234
Ne»fciuud)aiid. . ............. 227
New Hampshire...............----- ............. 158
New Jersey..............-------. ............. 158
New Mexico............--------- ............ 153
New South Wales................. ........227
New York........................ ............. 154
North (aroLna.................... ............ 157
North Dakota............... ..... ............. 158
Territories.............. .............. 284
Nova Scotia...................... .............. 325
ohk).......................— .............. 168
Oklahoma...................... .............. ISO
Ontario................. ..............225
Oregon ..... ......... 160
I'pnnsylvwiiia............... .............. 160
Philippine...................... ............ 168
Porto Rico.... ............ ...........163
Prince Edward Islcnd............ .............226
.............226
Queensland.................... .............. 328
Rhode Island............... .............. 168
South Australia . ............ .............. 338
South Carolina.................... .............. 168
South Dskota .......... 164
Tennessee......------------------ ............164
Texas . ------------..... .........165
United States......-------------- ........167
Utah............. ...........166
Vermont..... ............166
Virginia............... ....... 166
Washington..................... .............. 167
Weet Virginia..................... .............. 167
Wisconsin........................ .............. 167
Wyoming . ...................... .............. 167
\
Grattan?Robert.
Glossary of technical words
U0990
Grattan,Robert. /DC ^
Glossary of techni- 12
cal words \G773g J J _m—

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