L 68Z LAllORER

L.
L. ThIs letter, M a Rom a n numeral. wllI sooner sutrer a mischIef than an Inc;on.
stands for the number "fifty," It is also venience. L'itt. § 231. It is holden for an
used as an abbreviation for "law," nliber," inconvenience that any of the maxims ot the
(a book. ) "lord," and some other words of law should be broken, though a private man
which it if!, the initial. sulIer loss. Co. Litt. 152b.

L. 5. An abbreviation of"Long QUinto, " LAAS. A net. gin, or snare.

one of the parts of tile Year Books.
LABEL. Anything appended to n larger
L. C. An abbreviation which may stand writing. as a codicil; a narrow Slip of paper
either for "Lord Chancellor," "Lower Cana· or parchment amxed to a deed or writ, in or.
da," or "Leading Cases." der to bold the appending seal.
In the vernacular, th e word denotes a
L. J. An abbreviation for "Law Judgei"
printed or written Slip of paper affixed to a
also for "Law Journal."
manufactured article, giving information as
L. L. ( also L. Lat. ) and L. F. ( 1Ilso L. to its nature or quality, or the contents of 1:&
Fr. ) are used as abbreviations of the terms pack<lge. Ilame of the maker, etc.
"Law Latin" and "Law French." A copy of a wri t in the exchequer. 1

L. R. An abbreviation for "Law Re­

Tidd, Pro 156.

ports. " LABINA. In old records. Watery land

L. S. An abbreviation for" Locus sigilli," LABOR. 'Work; toil; service. Contin .
the place of the sea l , i. e., the place where a ued exertion, of the more onerous and infe­
seal is to be affixed. or a scroll which stands rior kind, usually a od chiefly consisting in
instead of 8 seal. the protracted expenditure of mllscular force.

LL. The reduplicated form of the abbre­ adapted to the accomplishment of specific use­
viation
"
L."
for "law," used asa plural. It ful ends. It is used in this sense in several

is generally used in citing old collections of legal phrases, such as "a count for work and
labor, II II
wages of labor," etc.
statute law; as uLL. Hen. I."
"Labor," "business," and "work" are not syn.
LL.B., LL.M., and LL.D. Abbrevia­ onyms. La.bor may be business, but it 1s not
tiODS ulled to denote, respectively, the three necessarily 80; and business is Dot always labor.

academic degrees in law,-bachelor, master, Labor implies toil; exertion producing wearlnes8;

and doctor of Iaws.

manual exertion of a toilsome nature. M
aki ng an
agreement for tbe sale of Il.chattol is not witbin a
LA. Fr. The. The definite article in probibition of common la.bor upon Sunday, though
it is (if by a. merchant in his calling) witbin a. prfr
the femini ne gender. Occurs in some legal
h1bition upon business. 2 Ohio St. 887.
terms and phrases; as "Termu de la Ley,"
terms of the la w. LABOR A JURY. In old praclicl'. To
tall�per with a jury; to endeavor to inLluence
LA. Fr. '£here. An adverb of time and them in their verdict, or their verdict gener.
place; whereas. ally.
LA CHAMBRE DES ESTEILLES. LABORARIIS. An ancient writ against
The star-c hamber. persons who refused to serve and do labor,
La conscience est 180 plus changeante and who had DO rueans of living; or against
des regles. Conscience UI the most Change­ Buch as, having served in the winter, refused
able of rules. Bouv. Dict. to serve in the summer. Reg. Orig. 189.

La ley favour 10. vie d'un home. The LABORER.. One who, as a meana ot
Jaw tavors the life of a man. Yearb. M. 10 livelihood, performs work and labor for those
Hen. VI. 51. who employ hiro. In English statutes, this
term is generally understood to c.1esignnte a
La. l ey favour l'enheritance d'un home.
se rv ant employed in husba ndr y or manufact;.­
The law favor� the inheritance of a man.
ures, and not d welling in the home of hib
Yearb. M. 10 Hen. VI. 5l.
employer. Wharton; Mozley & Whitley.
La ley voct plus tost suffer un mis­ A laborer, as the word 1s used in the PennsylvQ.
chaife que un inconvenience. The law nia act of 1872, giving a certai..D. preierence of lien.,
 LABORERS, STATUTES OF 683 LlET

Is oDewflo performs, with his own bands, the con­ ad with a cargo which is neither in casks,
tract which be makes with his employer. 82 Pa. boxes, bales, nor cases, but Hes loose in the
BL 469.
hold. being defended from wet or moisture
LABORERS, STATUTES OF. In En· by a number of mats and 8 �ual1tity of dun­
gllsb law. Tbese are Lbe statutes 23 Edw. nage. Cargoes of corn, salt, etc., are usually
UI. . 12 Ricb. II . . 5 Eliz. c. 4, and 26 & 27 so shipped.
Viet c. 125, making various regulations as
LADY. In English law. The title be­
to laborers. servants, apprentices, etc.
longing to the wife of a peer. and (by court­
LAC, LAX. In Indian computation, esy) the wife of a baronetor knigbt, and also
100.000. Tbe value of 8 lac of rupees is to any woman, lUarried or sale, wIJOS(' father
about £10,000 sterling. Wharton. was a nobleman of a rank not lower than
LACE. A measure of land equal to one that of earl.

pole. This term is widely used in Corn wall. LADY-COURT. In English law. The
court of a lady of the manor.
LACERTA. In old English law. A
f.thom. Co. Lilt. 4b. LADY DAY. The 25th 01 March, the
feast of the Annunication of the Blessetl Vir·
LACHES. Negligence, conSisting In the
gin Mary. In parts of Ireland, however. they
omission of something which a party might
so deSignate the 15th of August. the festival
do, and might reasonably be expected to do,
of the Assumption of the Virgin.
towards the vindication or enforcement of
bis rights. The word is generally the syn<r LADY'S FRIEND. The style 01 an of­
nym of II remissness," lIdiiatoriness." II un­ fleerof the Englisb houseof commons, wbose
reasoDl1.ble or unexcused delay," the op­ duty was to secure a suitable provision for
posil.e of "vigilance," and means a want of the wife, when her husband sought a divorce
activity and diligence in making a claim or by special act of parliament. The nct of 1857
moving for the enforcement of a right (par. abolished parliamentary divorces. and this
ticularly in equity) which will afford ground office with them.
for presuming against it, or for refusing re-­
LlESA MAJESTAS. Lat. Leze·majes·
lief, where tbat is discretionary with the court.
ty, or injured majesty; high treason. It is a
LACTA. L. Lat. In old English law. phrase tal, en from the civil law, and anciently
Defect in tbe weight of money; lack of mC:!ant nny offense against the king's person
weight. This word and the verb "lactaTe" or dignity.
are used in 8n assise or statute of the sixth
L lE S I 0 ULTRA DIMIDIUM VEL
year of King John. Spelman.
ENORMIS. In Roman law. The Injury
LACUNA. In old records. A ditch or sustained by one of the parties to an onerou,
dyke; a furrow for a drain; a gap or blank contract when he bad been overreached by
tn writing. the other to the extent of more than one-half
of the value of the subject�matter;
6. g., when
LACUS. In the oivil law. A lake; a
a vendor had not received half the value at
receptacle ot water which is never dry. Dig.
property sold, or tlle purchaser had paid IDore
43, 14, 1, S.
than double vallle. Colq. Rom. Civil Law.
In old English ·law. Allay or alloy of
§ 2094.
aUver with base metal. Fleta, lib. 1. c. 22,
§ 6. LlESIONE FIDEI, SUITS PRO. Suits
in the ecclesiastical courts for spiritual of·
LADA. In Saxon law. A. purgation, or
fenses aga.inst conscience, tor non·payment at
mode of trial by which one purged himself of
debts, or breaches at civil contracts. This
aD accusation; as by oath or ordeal. Spel.
attempt to tUrn the ecclesiastical courlS into
man.
courts of equity was checked by the constitu­
A waterooeourse; a trench or canal for
tions or Clarendon, A. D. 1164. 3 B1. Comm.
draining marshy grounds. In old Englisb, a
52.
lade or load. Sptjlman.
LlESIWERP. A thing surrendered into
In old English law. A court at Justice;
the bands or power of anuther; a thing given
• lade or lath. Cowell.
or delivered. Spelman.
LADE, or LODE. The mouth of a river.
LlET. I n old English law. One of a
LADEN IN BULK. A term 01 mari­ class between servUe and free. Palgrave, i. M
time law, applied to a vessel whioh is freight- 354.
 LlETERE JERUSALEM LAND

LlETERE JERUSALEM. Easter ot. the fact that a river swells out into broad,
[erings, so caned f rom these words in the pond-like sbeets, with a current, does not
hymn of the day. They are also denominated make that a lake which would otherwise be
"quadragEBimalia." 'Vharton. a river. 14 N. H. 477.

LlETHE, or LATHE. A division or LAMANEUR. Fr. In French marloe

district peculiar to the county of Keut. Spel.. law. .A. pilot. Ord. Mar. liv. 4. tit. S.
man.
LAMB. A sheep, ram , or ewe under ths
LAFORDSWIC. In Saxon law. A be­ age of one year. 4 Car. & P. 216.
traying of one's lord or master.
LAMBARD'S ARCHAIONOMIA.. A.
LAGA. L. Lat from the Saxon "'lag."
work printed in 1568, containing the Anglo­
.•

Law; a law.
Saxon laws, thosp- of William the Conqueror,
LAGAN. See LIGAN. and of Henry I.

LAGE DAY. In old Englls" law. A L A M B A R D'S EIRENARCHA. A

law day; a time of open courtj tlle day of the work UpOD the office of a justice of the peace.
county court,; a juridical day. which, having gone through two editions.
one in 1579, tbe other in 1581. was reprinted
LAGE·MAN. A lawful Ulan; 8 good
in Eng lis h in 1599.
and lawful man. A juror. Cowell.
LAMBETH DEGREE. In English law.
LAGENA. L. Lat. In old English law.
A degree conferred by the Ar ch bishop of
A measure of ale. Fleta. lib. 2 , c. 11. Said
Canter�ury. in prejudice of the uni v ersities .
to consist of six sextaries. Cowell.
3 Stepb. Comm. 65; I B1. Comm. 381 • .

LAGU. In old English law. Law; also

used to expr ess the territory or di�trict in LAME DUCK. A cant term on tbe

which a particular law was in force. a8 Dena stock exchange for a person unable to meet
lagu, Mercna lagu, eLe. his engagements.

LAHLSLIT. A breach of law. Cowell. LAMMAS DAY. The 1st of Au gust .

A mulct fo r an offense, viz., twelve "ores." It Is on e of the Scotch quarter days, and is
what is called a "conventional term."
LAHMAN, or LAGEMANNUS. An
old word for a lawyer. Domesday, [. 189. LAMMAS LANDS. Lands over which
tbere is a ri ght of pasturage by persons other
L AIA. A roadway in a wood. Mon. than tb e o wne r from about LammH.s, or reap­
A ng l t. I, p. 483.
.
iog time, until sowing time. \Vbarton.
LAICUS. A lay man. One who Is not
LANA. Lat. In tbe civil law. Wool.
1n holy orders, or not engaged in the minis­
See Dig. 32, 60. 70. 88.
try of rel igi on.
LANCASTER. A county of England.
LAIRWITE, or LAIRESITE. A fine
erected into a county palatine in the reign
tor adultery or fornication. anciently paid to
of Edward IlL, but now vested in tbe crown.
the l ords ot some manors. 4 lnst. 206.
LANCETI. In feudal law. Vassals who
LAIS GENTS. L. Fr. Lay people; a
were obliged to work for their lord one day
Jury.
in the week, frOID Micbaelmas to autumn,
LAITY. In EngllBhlaw. Those persons either with fork. spade, or flail. at the lord's
who do not make a part of the clergy. They option. Spelman.
a.re divided into three states: (1) Oivil, in�
LAND, in the roost general sense. compre­
cluding all the nation, except the clergy, the
hends any ground. soU, or earth whatsoeverj
army. and navy, and subdivided into the no­
as meadows, pastures. woods, moors, waters,
bility a nd lhecommonaltYi (2J military; (3)
marshes. furzes. and heath. Co. Litt. 4a.
maritime. conSisting of the navy. 'Vharton.
The word "land" includes not only the
LAKE. A large body of water, contained soil. but everylhing attached to it. whether
in a depression of the earth's surface. and att.:'lcbed by the course at nature, as trees,
supplied from the drainage of a more or less herbage. and water. or by the hand of man,
�xtended area. 'Vebster. as buildings and fences. IN. Y. 572; 2 Bl.
The fact that there is a current from a Camm. 16, 17.
algher to a lower level does not make that a Land is the solid material of the earth, wha.tever
river which would otherwise be a lake; and may be the ingredients of which it is composed.
 LAND
\\"hether IO� rock, or other substance. Clvtl Code
Cal. 1669.
Philosophtcally, It seems more correol to say
that the word "land" means, in law, as in the vel'·
nacu1nr, the Boil, or portion of the earth's crustj
and to explain or justify such expressIons as that
"whoever owns the land owns the buUdings above
snd the minerals below," upon the view, not that
these.are witbin the extension of the term "land,"
but tbat they tlrc so connected with it that by rules
of law they pass by n conveyance of the land.
This view makes" land. "as a term, narrower in sig.
niflcation t.han lot I"eally j *' though it would allow an
instrument speaking of land to operateco-cxtenslve­
ly with one granting realty or real property by
either of those terms, But many of the authori­
tics U!8 the expression "land >I as including theae
incid(mts to the soil. Abbott.
LAND CERTIFICATE. Upon the reg­
istration of freehold land under the English
land transfer act. 1875, a certificate is given
to the registered proprietor, and similarly
upon every transfer of registered Jand. This
registration supersedes the necessity of any
further registration in the register counties.
Sweet.
LAND COURT. In American law. A
cC'llrt formerly existing in St. Louis, Mo.•
having a limited territorial jurtsdiction over
Actions concerning real property, and suite
for dower, partition, etc.
LAND-GAB'EL. A tax or rent Issuing
('ut of land. Spp.:lman says it was originally
a penny for every house. This land�gabel,
or land-gavel, in the register of Domesday,
was a quit-rent for the site of a house, or the
land whereon it stood; the same with what
'We now call II ground.rent. .. Wharton.
"LAND-POOR." By this term Is gen­
erally understood that a man bas a great deal
at nnprodllctive land, and perhaps is obliged
to borrow money to pay taxes; but a man
"1a.nd�poor" may be largely responsible. 46
Mich. 397, 9 N. W. Rep. 445.
LAND-REEVE. A penon whose busi­
ness It; is to overlook certain parts ot a farm
or estate; to attend not only to the woods
and hedge-timber, but also to the state of tbe
f8DCM, gates, buildings. private roads, drift­
ways, and water-courses; and likewise to
the stocking of commons, and encroachments
of every kind, as well as to prevent 01' detect
waste and spoil in general, whether by the
tenants or others; and to report the same to
the manager or land steward. Ene. Lond.
L A N D STEWARD. A person who
overlooks or haa the management of a farm
or estate.
685 LANDCHEAP
LAND TAX. A tax laid upon the legal
or beneficial owner of rectI property, and ap­
portioned upon the assessed va.lue of hiB
land.
LAND TEN ANT. The person actually
in possession of land i otherwise stylt'd the
"terre-tenant. "
LAND TITLES AND TRANSFER
ACT. An English statute (38 &; 39 Vict. c.
87) providing for the establisiJment of a reg­
istry for titles to real property, and making
sundry provisions for the traDsfer of lands
and the recording of the evidences therof.
It presents some analogies to the recording
laws of the AmerIcan states.
LAND WAITER. In English law. An
officer of the custom-house, whose duty Is,
upon landing any merchandise, to examine,
taste. weigh, or measure it, and to take an
account thereof. In some ports they also
execute the office of a coast waiter. They
are likewise occasionally styled "searchers,"
and are to attend and join with the patent
searcher in the execution of all cockets for
the sbipping ot goods to be exported to for­
eign partsj and, in cases where drawbacks
on bounties are to be paid to t.he merchant
on tho exportation of any goods, they, as
well as the patent searcben, are to certify
the shipping thereof on tbe debentures. Enc.
Lond.
L A N D - WARRANT. Tho evldenco
which the state, on good consideration. gives
that the person therein named is entitled to
the quantity of land therein speCified, the
bounds and description of which the owner
of the warrant may fix by Autry and survey,
in the section of country set apart for its 1<>­
cation and satisfaction. 6 Yerg. 205.
LANDA. An open field without wood;
a lawnd or lawn. Cowell; Blount.
LANDAGENDE, LANDHLAFORD,
or LANDRICA. In Saxon law. A pro­
prietor of land; lord of the soil. Anc. Insl;.
Eng.
LANDBOC. In Saxon law. A. charter
or deed by which lands or tenements were
given or beld. Spelman; Cowell; 1 Ueeve,
Eng. Law. 10.
LANDCHEAP. In old EngUsh law. An
ancient customary fine, paid either in money
or cattle, at every alienation of land lying
within some manor, or within the liberty of M
some borough. Cowell; Blount.
 LANDEA 686 LANDWARD

LANDEA. In old English law. A ditch pIe of the land belongs to a landlord, he Is
or trenchfor conveying water from marshy tben sometimes denominated the "ground
grounds. Spelman. landlord," in contradistinction to such a one
as is possessed only of a limited or partieular
LANDED. Con8isting in real estate or intere.<;t in land. and who himself bolds under
land; baving an estate in land. a superior landlord . . Brown.
LANDED ESTATES COURT. The LANDLORD AND TENANT. A phrase
court which deals with the transfer of land used to denote the familiar legal relation ex·
and the creation of title thereto in Ireland. isting between lessor and lessee of real estate.
LANDED PROPRIETOR. Any person The relation is contracLurd. and is constituted
having an estate In lands. whether highly by a lease (or agreement therefor) of lands
Improved or not. 10 La. Ann. 677. for a term of years, from year to year, for
life, or at will.
LANDEFRICUS. A landlord; a lord of
the BOil. LANDLORD'S WARRANT. Adistress
warra.nt; a warrant from a landlord to levy
LANDEGANDMAN. Sax. In old En­
upon the tenant's goocls and chattels, and sell
glish 18W. A kind of customary tenant or the same at public sale. to compel payment
inferior tenant of a manor. Spelman. of the reut or the observance of some other
LANDGRAVE. A name formerly given stipulation in the lease.
to those wbo executed justice on behalf of LANDMARK. A monument orerection
the German emperors, with regard to the set up on the boundary line of two adjoining
intermd policy of the country. It was ap· estates, to fix such boundary. The removing
plied, by way of eminence, to those sovereign at a landmark is a wrong for which an action
princes of the empire who possessed by iober. lIea.
itauce certain estates called" land-granates,"
of which they received investiture from the LANDS. This term, the plural of "land,"
emperor. Enc. Lond. is said,
at common law. to be a word of les8
extensive signification than either Iftene_
LANDIMER. In old Scotch la.... A
ments" or uhereditaments." But in some
measurer of land. Skene.
of the states it has been provided by statute
LANDING. A place on a river or other that it shall include both those terms.
navigable water for lading and unlading
goods, or for the reception and delivery of LANDS CLAUSES CONSOLIDA-
passengers; the terminus of a road on a TION ACTS. The name ghen to certain
river or other navigable water. for the use of English statutes, (8 Viet. c. 8, amended by 23
travelers. and the loading and unloading of & 24 Viet. c. 106, and 32 & 33 Viet. e. 18.)
goods. 1 Stroh. 11I. the object of which was to provide legislative
A place for loading or unloading boats. cla uses in a convenient form for incorporation
but not a harbor for them. 74 Pa. St. 373. by reference in future special acts of parlhr
ment for taking lands, with or without the
LANDIRECTA. In Saxon law. Serv­ consent of their owners, for the promotion of
ices and duties laid upon all that held land. rail ways, and other public undertakings.
including the three obligations called "trino­ Mozley & Whitley.
da necessitaa," (g. c.,·) quaai land rigbtB.
Cowell. LANDS, TENEMENTS, AND HERE­
DITAMENTS. The teChnical and moat
LANDLOCKED. An expression 80m&­
comprehensive description of real property,
times applied to a piece of land belonging to as "goods and chattels" is of personalty.
one person and surrounded by land belonging Williams, Real Prop. 5.
to other persons, 80 that it cannot be ap­
proached except over their land. L. R. 13 LANDSLAGH. In Swedish I..... A
Ch. Div. 798; Sweet. body of common law, compiled about the
thirteenth century. out of the particular CllS�
LANDLORD. He of whom lands or ten­
toms of every province; being analogous to
ements are holden. He who, being the own­
the common law of England. lEI. Comm.
er of an estate in land, baa leased the same
66.
for a term of years, on a reut reserved, to ao­
other person, called the 4< tenant. " LANDWARD. In Scotch law. Rural
When the absolute property in or fee-sim- 7 Bell, App. Cas. 2.
 LANGEMAN 687 LARCENY

LANGEMAN. A lord ot a manor. 1 quence of some act of negligence by the for­

!nst .•. mer. Ayl. Par. 331.
In the law of wills. The failure of a tes­
LANGEOLUM. An undergarment made
tamentary gift in consequence of the death of
of wool, formerly worn by the monlts. which
reached to their knees. Mon. Angl. 419. the devisee or legatee d ur ing tbe life of the
testator.
LAIVGUAGE. Any means of conveying In criminal proceedings, "lapse" is used,
or communicating ideas; spe c ifi ca lly. huma.n in England , in the same sense as "abate" in
speech, or the expression of ideas by written ordinary procedure; i. e., to signify that the
cllaracters. The letter, or grammatical im. proceedings came to an end by the death of
port. ot a document or instrument, as distin­ one of the parties or some other event.
guished from its spirit ; as " the language of
the statute. " LAPSE PATENT. A patent for land
issued in subst itu tion for an earlier patent to
LANGUIDUS. In practice. The name
the same land, which was issued to another
or R return made by the shf'fiff when a de.
party. but has lapse d in c onsequen ce of his
tendant, whom he bas taken by v irtue of pro­
neglect to avail himself of it. 1 Wash. (Va.)
cess, is so dangerously sick that to remove
39.
him would en danger bis life or bealth. 3
Chit. Pro 249. 358. LAPSED DEVISE. A de v I se which fall.,
or takes no effect, in consequence of the
LANIS DE CRESCENTIA WALLIE
death of the devisee before the testator ; the
TRADUCENDIS ABSQUE CUSTUMA.
8ubjecl;-matter of it being considered us not
etc. An ancient writ that lay to the cus­
disposed of by the will. 1 S teph. Comm. .,9,
tomer of a port to permit one to pass wool
4 Kent. Comm .• 41.
withollt paying custom, he having paid it be-­
fore in Wale.. Reg. Orig. 279. LAPSED LEGACY. Wherothe legat..
dies before the testator, or before the legan'
LANO NIGER. A sort of base coin.
is payabl e, the bequest Is said to lapse, & it
formerly current in England. Cowell.
then falla into the residuary fund of tht: es­
LANZAS. In Spanish law. A commu­ tat •.
tation in money, paid by the nobles and high
LARCENOUS. Havi ng the char..,ter of
officera, in lieu of t.he q uota of soldiers they
larceny; as a "larcenous taking." (,.mtem­
m ight be required to furnish in war.
plating or intending larceny; &8 a "1lU"Cenou8
LAPIDATION. The act of stoning a purpose. "
person to death.
L A R C E N Y. In criminal law. Tho
LAPIDICINA. Lat. In the civil law. wrongful and fraudulent taking and carry­
A .tone-quarry. Dig. 7. 1. 9. 2. ing away by one person of the mere personal
goods of another from any place, with a fe­
LAPILLI. Lat. In the civil law . Pre­
lonious inlent to convert them to his (the
cIous atones. Dig. 34. 2. 19, 17. Distin­
taker's) use, and ma ke the m his prop er ty,
gui s he d from II gems ." (gemma.) Id.
without the consent of the own er. 2 East,
LAPIS MARMORIUS. A marble P. C. 553; 4 Wash. C. C. 700.
etone about twelve feet long and three feet The felonious taking and carrying away at
broad, placed at the upper end of Westmin­ the personal good s of nnotller . 4 Bl. Comm.
ster Hall. where was likewise a marble chair 229. The un la wf ul taking and carrying away
erected on th e middle thereof , tn which the or thi ngs personal, with intent to deprive th6
En glish sovereigns anc iently sat at their cor­ right owner of the same. 4 Steph. Comm.
onation dinner. and at other times the lord 152. The felonious taking the pl'Op�rty of
.bancellor. Wharton. another, without his consent and against his
will . with intent to conver t it to the use of
LAPSE, ", To glide; to PMS slowly, si­
tbe taker. 2 Leach, 10B9.
lently, or by degrees. To slip ; to deviate
The tak ing and removing, by trespass, of
from the proper path. \Vebster. To fall or
personal property which the trespasser knows
fail .
to belong either general ly or spe cially to an­
LAPSE, n. In ecclesiastical law. The other. with the intent to deprive such owner
transfer, by forfeitu re, of a right to present of his ownerShip therein; and, perhaps it
or collate to a vacant benefice from a pers on should be added, for the sake of some a dvan­ M
vested with such right to another, in cons&- tage to the trespasser,-a propOSition on
 LARCENY 688 LA STAGE

which the decisions Bre not harmonious. 2 were the customary law of aU the prov­
Bi.h. Crim. Law. §§ 757. 758. inces, the canon law ae there administered,
Lar<:: eny is the taking of personal property. ao­ and (chiefly) the Romau law. This work
complished by fraud or stealth, and wan tntent to has always been regarded as of the highest
depriva aoother thereof. Pen. Code Dak. § 580. authority in Spain and in those countries
Larueny is the felonious stealing, taking, oarry­
and �t.:'\tes which have derived their jurispru·
ing, leading, or driving away the personal property
of'o.nother. Pen. Code Cal § 484- dence fmill Spain.

Larceny is 80metimes divided into "simple" LASCAR. A native IndIan sailor; tl'e
and "compound" or "mixed" larceny; the term is also applied to tent pitchers, inferIor
former term applying to cases of simple tbeft; artillery-men, and olhers.
the Jatter to cases of stealing attended with
LASCIVIOUS CARRIAGE. In Con·
some recognized circumstances of aggrava.
necticut. A term including those wanton
tion. such as larceny from a ship or wbarf, or
acts between persons of dLiferout sexes that
from a dwelling-house in the day-time, or
flow from the exercise of lustful passions,
from the person.
and which are not otherwise punished as
Larcf'ny was also di vided into "grand" and
crimes against chastity and pUblic decency.
"petit" larceny. the distinction turning on an
2 Swift. Dig. 343. It includes, also, inde.
arbitrary division ot the value of the goods
cent acts by one against the will of another.
stolen. This division is DOW abolished in
5 Day. 81.
England (7 & 8 Goo. IV. c. 29. § 2) and in
many of the United States, but still 8ubsists LASHITE. or LASHLITE. A kind of
in some jurisdictions. forfeiture duri ng the government ot the
For the distinction between "181'ceny" and Danes in England. Ene. Lond.
� burglary," "extortion , " I< false pretenses,"
LAST, in old English law, signifies a
and "robbery," see those titles.
burden; also a measure of weight used for
LARCENY BY BAILEE. In Pen Dsyl­ cerLain commodities of the bulkier sort.
vania law. The crime of larceny committed
LAST COURT. A court held by ths
where "any person. being a bailee of any
twenty-four jurats in the marshes of Kent,
property, sball fraudulently take or CODV61't
and summoned by the bailiffs, whereby or4
the same to his own use, or to the use of any
ders were made to lay and levy taxes. impose
other person except the owner thereof. al.
penalties, etc., for the preservation of the
though be shall not break bulk or otherwise
said marshes. Enc. Lond.
determine the bailment." Brightly's Purd.
,Dig. p. 436. § 177. LAST HEIR. In Euglish law. He to
whom lands come by escheat for want ot
LARDARIUS REGIS. The king's lard­
lawful heirs; that is, in some cases. the lord
erer, or clerk of the kitcben. Cowell.
of whom the lands were held ; in others, the
LARDING MONEY. In the manor of sovereign. Cowell.
Bradford. in Wilts. the tenants pay to their LAST RESORT. A court from which
lord a small yearly I'ent by this name. which there is no appeal is called the "court of last
is said to be for liberty to feed Lheir hogs with It
resort.
the masts of the lord's wood, the fat of a hog
being called "lard;" or it may be a commuLa· L A S T SICKNESS. That illness of
which a person dies is so called.
tion for some customary service of carrying
salt or meat to the lord's larder. Mon. LAST WILL. This term. according to
Angl. t. 1. p. a21. Lord Coke, is most commonly used where
lands and tenements are devised, and "testa_
LARGE. 1. Fr. Broad; the opposite of
ment" where it concerns chatteia. Co. LiLt.
"est1'eyte," strait or strict. Puru d larges.
IlIa. Both terms, however. are now gen­
Britt. c. 34.
erally employed in drawing a will either of
LARONS. In old English law. Thieve•• lands or chattels.

L A S PARTIDAS. In Spanish law. LASTAGE. A custom exacted in some

l'he Dame of a code of laws, more fully de­ fairs and markets to carry things bought
IIJcdbed as "Las Siete Partidas. II ("the SBV­ whither one will. But it is more accurately
tm parts," from the number of its di visions.) taken for the ballast or lading of a ship.
which was compiled under the direction of Also custom paid for wares sold by the last,
Alp honso X., about theyear 1250. Its sources as herrings, pitch, etc. Wharton.
 LATA CULPA 689 LATITAT

LATA CULPA. Lat. In the law of LATH, LATHE. The name or an an ­

bailment.. Gross fault or neglect; extreme cient civil division in Engl and. intermediate
negligence or carelessness. (nimia negligen­ between the county or shire and the huudred.
lIa.) Dig. 60. 16. 213. 2. Said to be the same as what. In other parts
of the kingdom, was termed a "rape." 1 BI.
Lata culpa dolo mquiparntur. Gros s
Corum. 116; Cowell; Spelman.
aegligence 18 equiTalent to fraud.
LATRREVE. An offi cer under the Sax-
LATCHING. An under-ground survey.
on government, who had authority over a
LATE. DeCunct ; exiotlng recently. but latho. Cowell; 1 B1. Corum. 116.
DOW dead. 17 Ala. 190. Formerly; recent- .
I
LATIFUNDIUM. In tho civil law.
Iy; lately.
Great or large possessions; a great or large
"LATELY." T hi s word has been held field; a common. A great estate mnde up ot
to have "3 very Jarge retrospect, as we say. smaller ones, (fllndis.) which began t o b e
'lately deceased I of one dead ten or twenty common i n the latter times of the empire.
years." Per Cur. 2 Show. 294.
LATIFUNDUS. A possessor ot a large
LATENB. Lat. Latent; hidden; not ap­ estate made up of smaller ODes. D u Caoge.
parent. Boo AlmIGUIT.....
LATIMER. A word used by Lord Coke
LATENT. Hidden; concealed; that does
in the sense of an in terpreter. 2 lnst, 515.
not appear upon the f ace ot a thi.g.
Supposed to be a corruption of the French
LATENT AMBIGUITY. A n' Rmbl g ul ­ "latinier," or "latiner." C owell; Blount.
ty which arises not upon the words of the
LATIN. The language of the ancient
will, deed, or other inlltrument, as looked at
Romans. There are three sorts of law Latin:
In themselves. but upon tho se words when
(I) Good Latin, allowed by the grammarians
applied to the object or to the oubject wbich
and lawyers; (2) false or incongruous Latin,
they describe. The term is opposed to the
" patent ambiguity." which in times past would abate original
phrase The rule of
writs, though it would not make void any
Jaw is that extrinsic or parol evidence is ad­
judicial writ. declaration, or plea. etc. ; (3)
missible in all cases to remOTe a latent am­
words of art, known only to the sages of the
biguity. but. in no CaJle to remove a patent
law. and not to gramm arians, called "Law­
one. Brown.
yers'Latin." Wharton.
LATENT DEED. A deed keptror twen-
LATINARIUS. An interpreter of Latin.
1;y yea1'8 or more In a man's scrutoire or
.trong-box. 7 N. J. Law. 177. LATINI JUNIANI. Lat . In Roman
law. A class of freedmen (libertint) interme­
LATENT DEFECT. A derect In an
article sold. which is known to the seller,
diate Detween the two other claBses of freed­
men called, respectively." Ci·tJcs Romani" and
but not to the p urchaser, and is not disc over­
.. Deditici't." Slaves under thil't y years ot
able by mere observation. See 21 N. Y. 552.
age at the date of their manumission, or mll.n4
LATERA. In old records. Sidesmen; umitted otherwise than by oindicta, census,
companioD s; aasistanta. Cowell. or testamentum, or not the quil'it.ary prop-­
erty of their manumissors at the time ot
LA TERAL RAILROAD. A lateral
manumission, were called U Latini." By
road is one which proceed8 from some point
reason of one or other of these three defects,
on the main trunk between its termioi; it is
they remained slaves by strict law even after
but another name for a branch road, both be­
their manumission, but were protected in
ing a part ot tbe main road. 14 Ill. 273.
their liberties first by eqUity, and eventuully
LATERAL SUPPORT. Tbe right ot by t he Lfr.JJ Junia N01'bana, A. D. 19, from
lateral and subjacent support is t hat right which law they took the name ot uJuniani"
which the owner ot Jand has to have his land in addition to that of "Latini." Brown.
supported by the ad joining land or the soil
beneath. 27 Grat. 77; 19 Barb. 380; 2.Al1en. LATITAT. In old English practice. A
writ which issued in personal actions, on the
131; 12 Amer. & Eng. Enc. Law. 933.
return of non est inventus to a bill of Mida
LATERARE. To lie!ideways. in opposi­ dlesex; !O called from the emphatic w ord iu
tion to lying endways; used in deacl'iptiona of its rec ital, in which it was "testified that the M
lands. defendant lU1'ks [latitat] and wand ers about"
.A.l:I.DIOT.LAw--44
 LATITATIO 690 LAW

In tbe co un ty. a BI. Com m . 286. Abolished LAUGHE. Frank·pledge. 2 Reeve, Eng.
by St. 2 Will. IV. c. 39. Law. 17.

LATITATIO. I n the civil law and old LAUNCEGAY. A kind of offellsive

English practice. A lying hid; lurking. or weapoll, now disused, and prohibited by 7
concealment of the person. Dig. 42, 4, 7, 5 ; Rich. II. c. 13.
Bract. fol. 126.
LAUNCH. 1. The act of lau nching a
LATOR. A bearer; 8 mess�nger. vessel ; the movement of a vessel from the
land into the water, especially the Sliding on
LATRO. In the civil and old English
ways from the stocks on which it is built.
law. Jl robber. Dig. 50. 16. 118 ; Fleta,
2. A boat of the largest size belo nging to
lib. 1, c . 38, § 1. A thief.
a Sllip of war; an open boat or large size used
LATROCINATION. The act of rob­ in any service; a lighter.
bing; a dep redation.
LAUREATE. In English Jaw. An 01·
LATROCINIUM. The p rerogative of ficerof the household of t.he sovereign. whose
adjudgiogand I::xecut.1ng tbieves; also huceoy ; bllsi ness formerly consisted only in compos·
theft ; a thing stolen . ing an ode ann nally, on Lhe sovereign's birth.
LATROCINY. Larceny. day, and on the new year; sometimes also,
though rarely, on occasion of any reUlark�
LATTER·MATH. A second mowing;
able victory.
the afterm ath.
LAURELS. Pieces of gold, coined in
LAUDARE. In the civil law.
To
1619. With the king's head laul'eated j hence
name; to cite or quote ; to show one'e title
the name.
or authority. Calvin.
In feudal law. To determ ine or pass LAUS DEO. Lat. Praise be to God.
llpon j udicially . Laudamentum, the finding An old heading to bills of exchange.
or award of a j u r» 2 BI. Comm. 285.
LAVATORIUM. A laundry or place to
LAUDATIO. In Roman law. Testi� wash i n ; a place in the p orch or entrance ot
mony d eliv ered in court concerning an ac­ cathedral churches, where the priest and
cused person's good behavior and i ntegrity of other Officiating ministers were obliged to
life . It resembled the practice which pre� wash their hands before they proceeded to
vails in our trials of calling persons to speak divine ser vi ce.
to a prisoner's character. The least n u mber
LAVOR NUEVA. In Spanish law. A
of the laudatoTe8 among the Romans was
new work. Las Partidas, pt. 3, tit. 32, 1. 1.
ten. Wharton.
LAW. 1. That which Is laid down, or·
LAUDATOR. An arbitrator ; a witness
dained, or established. A rule or method
to character.
according to which phenomena or actions co­
LAUDEMEO. In Sp anish Jaw. The tax exist or fol1ow each other.
pai.d by the possessol'of land held byqllit-rent 2. A system of p ri nCi pl es and rules of hu­
or emphuteusis to the owner of the estate, man conduct , being the aggregate of thostl
wlIt)u the tenant alienates his right i n the commandments and princIples which are
property. Escriclie. either prescribed or recognized by the gov­
erning power i n an organized jural socie ty as
LAUDEMIUM. In th e civil Jaw. A
su m paid by a new em,phyteuta (g. v.) who
its will in relation to the cond uct of the memo
bel'S of such SOCiety, and which it undertakes
acquires the emphyteusis, not as heir, but as
a Singular successor, whether by gift, devise,
to maintain and sanction and to us e as the
criteria of the actions of such mem bers.
exchange, or sale. It was a sum equal to
"Law" is a solemn expression of legislative will.
the fiftieth part of the pm'chase money, paid
It orders Bud perMits and forbids. It announces
to the dominus or p roprietor for his accept.
rewards and punishments. Its provisions gener·
ance of the new emphyteuta. Mackeld. Rom. aUy relate not to solitary or singular cases, but to
Law, § 328. Called, i n old English law, what passes in the ordinary oourseof atrairs. Civil
"acknowledgment money . " Cowell. Code La. arts. I, 2.
"Law," without an article, properly implies 8
LAUDUM. An arbitrament or award. ,cience or 81/stem. or principles or rules of human
conduct, answering to the Latin "jU8; " as when
In old Scotch law. Sentence or j udg�
it is spoken of as a subject of study or practice.
ment; dome or doom. 1 Pitc. Crim. Tr. pt. In this sense, it includes the decisions of courts of
2, p. 8. justice, as well as acts of the legislature. Tho
 LAW
judgment of a competent court, until reversed or
otherwise superseded, Is knc, as much as any stat-
1It8. Indeed, it may bappen that a statute may be
pa,aed in violation of l.aw, that is, ot the !unda­
meutal law or constitution of a state ; and it is the
prerogative or courts in such cases to declare
Toidtor, in other words, to declare it not to be
Burrill.
3. A ruleof civil co nduct prescr i bed by the
lIupreme power in a state. 1 Steph . Comm.
25: Oivil Code Dak. § 2 : 1'01. Code Cal.
§ 4466.
A " law," in the proper sense of the term,
11 a general rule of human action, tnki n g
cognizance only of external acts. enforced uy
adeterminate authority. w hich auLhority is
human, and among h u ma n authorities is that
which is paramo u nt in a political society .
Holi. JUl'. 36.
A " l a w, " properly 80 called, is 8 command
which o1.l liges a persoll or persons; and, as
distinguished from a par tic ular or occasional
comman d, obliges geuer<111y to ac ts or for­
bearances of a class. Aust. Jur.
A rule or enactment promulgated by the
legi slative authority of a state; a long-estab­
lished local custom which has tho force of
luch an enactment. 10 Pet. 18.
4. In another sense the word signifies an en­
actment; a distinc t and complete act of posi­
tive law; a statu te, as opposed to rules of civil
conduct deduced from the customs of the
people or j lHliClal prec eden ts.
When theterUl " law'" is used to denote enact­
ments of the legislative power, it is frequelltlycoD­
fined, especially by English \Vriter� to permanent
rules of civil conduot, as distinguished (I'om other
acts, such as a divorce act., an approprintion bill,
an estates act. Rep. Eng. St. L. Com. Mar,
Historically considered. W ith refer­
ence to its origin, "law" is derived eitber
from j udicial pre cedent s, from legislation, or
from custom. That part of the law which is
derived from judiCial pl'ecpdents is called
(' commo n law," " equ i ty, " or " admiral ty, "
" probate, " or ('ecclesiastical law, " according
to the nature of the courts by which it was
originally enforced . (See the respective ti­
tles,) That part of the law which is derived
tram legislation is cal led the "statute law."
Many statutes are classed under one of the
divisions above mentioned because they have
merely modified or exten ded portions of it,
while others have created al together new
rules . That pa rt of the law which is de-rived
tram custom is som etimes called the "cus­
'1
tomary la w .
Sweet.
as to which, �ee CUSTOM.
The earliest notion of law was not an enumera­
tion of a pl'inciple, but a. judgment in 0. po.rLicular
cue. When pronounced in the early ages, by •
691 LAW
king, it was assumed to be the result of direct di�
vine inspiration, Afterwards cume the notion 01
a oustom whioh a. judgment affirms, or punisbe.
its breach, In tbe outset, however, tbe only au­
thoritative statement 01 right and wrong is a. judi­
it cial sentence rendered after the fact has ocourred.
law. It does Dot presuppose a law to have been violated.
but is enacted for the first time by a higber form
into the judge's mind at the moment of adjudica­
tion. Maine. Anc. Law, (Dwight'S Ed.) pp. xv, 5.
Synon yms and distinctions. Accord­
ing to the usage in the Un i ted States, the
name " con stitu tion" is commonly give n to
the orga niC or fundam,ental law of 8 state,
and the'term Hlaw" is used i n contradistino­
tion to tbe form er, to denote a statute or en­
actme n t of the legislative body.
"Law,1I as dis tingui shed from "e quity, "
denotes the do ctri ne and proced ure of the
c om m on law of England and America, from
which e q uity is a daparture.
The term is also used in opposi tion to
"fact." Thus questions of law art! to be de­
cided by the COil rt, wh il e it is the province of
the jut'y to solve questions of fact.
Classification. Witb reference to its sub­
ject�matter, law is either public or prifJate.
Public law is that part ot the law w hich
deals with lIle state, either by itself or in its
rel at ions with i ndivid uals, and is di vided in­
to ( 1 ) cnnstitutional la w ; (2) adm i nistrati ve
law; (3) cri m inal l a w ; (4) criminal proced­
ure; (5) th e law of the stale consideretl in its
quasi priv ate personality ; (6) the procedure
relatin g to the state as so consi dered. noll.
Jur. 300.
Law is :I1so divided into substantifJ8 and
1856, adjecti'oe. S ubstantive law is that part of
the law which cr eat es rigbts and obl igations.
wh i le adjecti ve law provides a method of en­
forci ng and pro tecting them. In other words,
adjecti ve law is the law of procedure. Holl.
Jur. 61. 238.
The ordinary, but not very useful, division
of law j nto written and unwritten rests on
the same prinCiple. T he written Inw is the
statute la w ; the unwritten law is the com�
m on law . (q. �.) 1 Steph . Comm. 40. fol­
lowing Blackstone.
Kinde of statutes . Statute. are called
" general " or upublic" when they atrect the
community at largei and local or special
when thei r operati o n is confined to a limited
regi on, or particul ar class or interest.
Statutes are also either prospective or r&­
t1'ospecti1Je,' the former. wuen they are in­
p
tended to o erate upon future cases onlyj
the latter, when they m ay a lso embrace
transacti ons occu rri n g before their passage. M
Statutes are called " enabling" when the,
 LAW 692 LAW FRENCH

confer new powers; 4lremedial" when their erty mortgaged. But this does not now 0c­
efff'ct is to provide relief or reform abuses; cur untiJ foreclosure.
"penal" when they impose punishment, pe­ In old English law. Law day or lage
cnlliary or corporal, for a violation of their day denoted a day of open court; especially
provisio lls. the courts of a county or hu ndred.
5. In old English jurisprudence, "law" is
Law disfavoreth impossibilities. 'Ving.
used to signify an oath, or the privilege of
Max. p. 606. max. 155.
being s worn ; as in the phrases "to wage
one's la. W J " " to lose one's In w. " L a w d i s f a v o r e t h improbabilities.
As to the different kinds of law, or law reo 'Ving. Max. p. 620, max. 161.
ga.rded in its different aspects, see ADJECT IVE
LAW; ADlIlINISTRATrvE LAW; CoNS:'"'!1'U­
Law [the law] favoreth oharity. Wlng.
Max. p. 497. max. 135.
TIONAL LAW; CRIMINAL LAW; INTERNA.­
TIONAL LAw; LAW OF NATIONS; LAW OF Law favoreth common right. Wing,
NATUH.E j LAw - MEROHANT; MUNICIPAL Max. p. 547. max. 144.
LAW ; POSITIVE LAW; PRIVATE LAW; Plm­
Law favoreth diligence, and therefore
LIO IJAW j RETROSPEOTIVE LAw ; SUBSTAN­
hateth folly and negligence. Wing. Max.
TIVE LAW.
p. 665. max. 172; Finch. Law, b. 1, c. 3, DO.
LAW AGENTS. Solicitors practiCing 70.
In the Scotch courts.
Law favoreth honor and order. WIng,
Law always construeth things to the Max. p. 739, max. 199.
best. Wing. Max. p. 720. max. 193.
La.w favoreth justice and ri ght. Wing.
LAW ARBITRARY. Opp""ed to im­ Max. p. 502, max. 141.
mutable, a law not founded in the nature of
Law favoreth life, liberty, and dower.
things, but imposed by the mere will ot the
4 Bacon's \Vorks, 345.
legiSlat ure.
Law favoreth mutual recompense.
LAW BURROWS. In Scotch law. Se.
Wing. Max. p. 411, max. 108; Finch, Law,
curIty for the peaceable behavior of a partY i
b. 1, c. 3, no. 42.
security to keep the peace. Properly. a pro­
cess for obtai n in g sucb security. 1 Forb. Law [the law] favoreth possession,
InBt. pt. 2. p. 198. where the right is equal. 'Vi ng. Max.
p. 375, max. 9� ; Finc h , Law, b . 1, c. 5, no.
LAW CHARGES. Th is phrase Is usecl,
35.
under the Louisiana Civil Code. to signify
costs incurred in court in tbe prosecution of Law favoreth public commerce. 'Ving.
a suit. to be paid by the party cast. 17 La. Max. p. 738, max. 198.
206; 11 Rob. ( La. ) 28.
L a w favoreth public quiet. Wing.
Law construeth every act to be lawful, Max. p. 742, max. 200j Fin ch , Law, b. l, Co
when it standeth indifferent whether it 3, no. 54.
should be lawful or not. \Ving. Max. p.
Law fa v o r e t h speeding of men'.
722, max. 194; Fi nch , Law, b. 1, Co 3, n. 76.
causes. Wing. Max. p. 673. max. 175.
Law construeth things according to
Law [the law ] favoreth things for the
common possibility or intendment.
commonwealth, [common weal. ] Wi ng.
Wing. Max. p. 70S, max. 189.
Max. p. 729, max. 197j Finch, l�aw, b. l, c.
Law [the law] construeth things with 3, no. 53.
equity and moderation. Wing. Max. p.
Law favoreth truth, faith, and car·
685, max. 183; Finch, Law, b. 1. c. 3. n. 74.
tainty. Wing. Max. p. 604. max. 154.
LAW COURT OF APPEALS. In
LAW FRENCH. Tha Norman French
.American law. An appellate trjbunal, for.
language, introduced into E n gland hy Will.
merly existing in tbe state of South Carolina.
i am the Conqueror, and which, for several
for heari ng appeals from the courts of law.
centuries, was, in an emphatio sense, the
LAW DAY. The day prescribed In a language of the English law, being that in
bond, mortgage, or defeasible deed for pay� wbich the proceedings of the co urts and ot
ment of the deut secured thereby. or, in de­ parliament were carried on, and in which
fault of payment, the forfeiture of the prop- many of the ancient statutes. reports, abridg.
 LAW HATETH DELAYS 693 LAW OF NATURE

menta. and treatises were written and print� particular country. but consists of cOltain
ed. It la called by Blackstone a u barbaro us principles of eqUity anll uSlIges of trad e which
dialect. " and the later specimens of it fully general convenience and a common sense at
warrant the appellalion. but at the time of justice have establislled. to regulate the deal­
Ita Introduction it was, as has been observed. i ngs of merchants and mari ners in all the
Lhe belt torm of the language spoken In Nor­ commerCi al countries of tbe civilized world.
mandy. Burrill. 3 Kent. Carom. 2.
Law hateth delays. Wing. Max. p . 67 4 . LAW OF ARMS. That law which
max. 176; FInch. Law, b. I, ch. 3, no. 71. gives precepts and rules concerning war;
how to make and observe leagues and truce,
Law hateth new inventions and inno­
to punish otTenders in the camp. and suoh
••tions. Wing. Max. p. 756, Ill ax. 204.
lIke. Cowell ; Blount. Now more common­
Law hateth wrong. "Wing. Max. p. 563, ly callell the "law of war," (q. v.)
max. 146; Finch, Law, b. 1 . ch. 3. no. 62.
LAW O F CITATIONS. In Roman law.
LAW LATIN. TlIfl corrnpt form of the An act of Valentinian, passed A. D. 426,
Latin IlI.nguage employed in the old English providing that the writings of only five ju­
law-books and legal proceedings. It con· rists, viz., Pllpinian, Paul. Gaills, Ulpian,
tai ned many oorbarou8 words and combina­ and Modestinus. should be quoted as authori·
tions. ties. The majority was binding on the judge.

LAW LIST. An annual English publi­ If they were equally di vided. lhe opinion at
cation of a f}llQ,.'ji official <:haructer. comprising Papinian was to prevai l ; and i n such a case,

various statistics of interest in connection if Papinian was silent upon the matter, then

witll the legal profession. It includes (among the judge was free to follow his own view at
other information) the following matters : A the matter. Brown.

list of judges. queen's counsel, and serjeants Law ot' itself prejudiceth no man.
st la.w; tbe judges of t.he county courts j 'Ving. Max. p. 575. max. 148j Finoh, Law,
bcnchers of the inns of court; barristers, i n b. 1, c. 3, n o . 63.
alphabetical order ; the names of counsel
LAW OF MARQUE. A sort of law of
practicing in the several circuits of England
reprisal, which entitles him WllO has ra-.
and 'Vnlps; London attorDl:�Ys; country at .

ceived any wrong from another and cannot

torneysj officers of the courts of chancery
get ,u'd ;nary justice to take the Shipping or
and common law; the magistrates and law
otlicors of the city of Londonj the metropoliw
goods of the wrong-doer, where be cctn tind
them \vithin his own bounds or precincts,
tan magistrates and police; recorders ; coun­
in satisfaction of the \yrong. Cowellj
ty court officers and circuits; lord lieutenants
Brown.
and sheriffs ; colonial judges and officers ;
public notaries. Mozley & 1Vbitley. LAW OF NATIONS. A .yslem or
rilles and principles established among na­
LAW LORDS. Peers in the British par­
tions, and intended for the regulation of
liament who have held high judicial office, or
their mutual intercourse ; otherwise called
have been distinguished i n tlle legal profes­
Uinternational law," (g. v.) A code of pub·
lion. Mozley & Whitley.
lie instruction which defines the rights and
LAW·MARTIAL. The military l a w ; a prescribes the duties of nntions i n their in.
code of law established for the government of tercourse with each other. 1 Kent, Cumin.
the a.rmy and navy. 1. It is founded for the most pal't on usage.
consent, and agreement, but 1n an impor­
LAW-MERCHANT. The general sys·
tant degree, also, on tbe principles of natural
tem at usages and customs, i n relation to
law. Id. 2.
commerclal transactions, mercantile paper,
etc. , commonly observed alike a.mong all LAW OF NATURE. A ruleor conduct
commercial nations. arising out of the natural relatioD� or human
Since, however, its chal'acter is not local, beings. established by the Creator, and exist­
nor its obligation confined to a particular ing prior to any positive precept. Webster.
district. it cannot wltb propriety be consid. The foundation of this law is placed by the
eTea as a custom in the technical sense. 1 best writers in the will of God, discovered
bteph. Comm. 54. It is a system of la \V by right reason. and aided by divine revela.
v hich does not rest essentially on the posi­ tio n ; clDd its principles, when applicable, ap- M
tive institutions and local customs of any ply witb equal obligation to imlividuals aDd
 LAW OF NATURE 694 LAWFUL GOODS

to nations . 1 Kent. Comm. 2, note ; Id. 4, Wing. Max. p. 382. max. 101; Finch. Law.
note. See JUB NATURALE. b. 1, c. 3, no. 39.
We understand all laws to be either human or
Law respecteth possibility of things.
divine, according as they have man or God for
their author ; and divine laws are of two kinds,
Wing. 1Iax. p . 403, max. 104; Finch, Law,
that is to say: (1) Natural laws j (2) positive or b. 1. c. 3. no. 40.
reverued law!!. A natural law is de.fined by Bur­
lamaqui to be " a rule which so necossarily agrees Law [ th e law] respecteth the bond.
with "the nature and state of maD that, without of nature. Wing. Max. p. 268, max. 78;
observing its maxims, the peaco and happiness of Finch. Law, b. I, c. 3. no. 29.
society can never be preserved. " And he says
-that these are called "natural laws" because a LAW SPIRITUAL. The ecclesiastical
knowledge of them may be attained merely by tho law. or law Christian. Co. Litt. 344.
light of renson, fl'om the fact or their essential
agreeableness with the constitution of human LAW TERMS. See TERMS.
nature ; while, on the contrary, positive or re­
vealed laws are not founGed upon the general can· LAW WORTHY. Being entitled to. or
etitutiou of human nature, but only upon the will baving the benefit and protection of. the law.
of God; though in other respects such law is es·
tablisbed upon very good reason, and procures the LAWFUL. Legal ; warranted or author·
advantage of those to whom it is sent. The cere­ ized by the lawj lJaving the qualifications
monial or pOlitical laws at the Jews are of this
prescribed by law; not contrary to nor for.
latter class. 11 Ark. 527.
bidden by the law.
The principal distinction between the terma
LAW O� THE LAND. Due process of
"la.wful" and "legal" is that the former contem·
law. (q • •.) plates the substa·nce of law, the latter the form ot
By the la w of the land fs most clearly in­ law. To say of au act that it is "lawful " implies
tendecl. the general law which hears before i t that it is authorized, sanctioned, or at any rate not
forbidden, by law. To say that it is "legal'" im­
condem ns, w hich proceeds upon inquiry, and
pUes that it is done or performed in accordance
renders judgment only after trial. The with the forms and usages of law, or in a technical
meaning is that every citizen shall hold his manner. In this sense "illegal " approaches the
life, li berty, property. and immunities un­ meaning of "invalid. " For example, a contraot or

der the pro tection of general rules which Will, executed without the required formaUMes,
might be said to be invalid or illegal, but. could not
govern society. Evorything whkh may b e described as unlawful. Further, the word
pass under the form of an enactment is not "law!ul" more clearly implies an ethical content
the law of the land. Sedg . St. & Const. than does" legal. '" The latter goea no further than
to denote compliance with positive, technical, or
Law. (2<1 Ed.) 475.
formal rulesj while the former usually imports I
When first used in MaGna Charta" the phrase moral substance or ethical permissibility. A fur­
"the law of the land " prohably meant the estalr ther distinction is that the word "legal " is used as
lisbed law of the kingdom, in opposition to the the synonym of "constructive," which "lawful " is
civil or Roma.n law, which was a.bout being Intra· not. '1'hus "legal fraud " is fraud implied or in­
duced. It is now generally regarded as meaninjZ' ferred bylaw, ormade out by constrncLion. "Law­
general public laws binding on all members at the ful fraud " would be a contradiction of terms.
community, in contradistinction from partial or Again, "legal" is used as the antiLhesis at uegui­
private laws. 2 Tex. 251; 2 Yerg. 270; 6 Heisk. table. n Thus, we speak of "legal assets, " "legal
IS6. estate, " etc., but not of "lawful assets " or "law·
It means due process of law warranted by the ful estate. " But there are some connections iu
constitution, by the common law adopted by the which the two words aroused as exact equivalents.
constitution, or by statutes passed in pursua.nce of Thus, a "lawful" writ. warrant, or process is the
the constitution. 1 N. H. 58. same u.s a "legal " writ, warrant, or process.
It means the law as established in a fnir, open
trial, or after opportunity given for such trial, by LAWFUL AGE. Full age; majority;
due course and process of law; not. Ii bill of at·
generally the age of twenty. one years.
tainder. 6 Po,. St. 87.

LAWFUL AUTHORITIES. The ex·

LAW OF THE STAPLE. Law ad·
pression "lawful authorities, " used in our
ministered in the court of the mayor of the
treaty with Spain, refers to pers o ns who ex­
staple ; the law�Dlerchao t. 4 lost. 235. See
ercised the power of making grants by au�
STAPLE.
thority of the crown. 9 Pet. 711.

LAW REPORTS. Published volumes LAWFUL DISCHARGE. Such a dis·

containin g the reports of cases argued and cb arge in i ns olvency as exo n er ates the debtor
adj ud ged in the courts of law. from his debts. 12 Wheat. 370.

Law respecteth matter of substance LAWFUL GOODS. Whatever is not

more than matter of cirCUmstance. prohibited to be expor ted by the positive law
 LAWFUL MAN 695 LAZARET

of the country, even though it be contraband LAY, n. A share of tbe profits of . ftob.
of war; for a neutral has a rig ht to carry such in g or whaling voyage. allotted to the ome6ra
goods at his own risk. 1 J ohua. Cas. 1 ; 2 and seamen, i n the nature of w ages. S Story,
Joh ••. CIlS. 77; Id. 120. 108.

L A W F U L MAN. A freeman , nnat. LAY CORPORATION. A c orporation

tainted . and capable of bearing oath; a" 1. composed of lay pe rsons or for lay purposes.
galia hom.o. They are either civil or eleemosynary. Ang .
& A. Corp. 28--30 ; 1 B l. Comm. 470.
LAWFUL MONEY. Money whicb is
• legal ten der in payment of debts; e. g gold .•
LAY DAMAGES. To s tate at the con­
and silver coined at the mint. elusion of the declaration the amount ot
damagea which the plaintiff c laims.
LAWING OF DOGS. Tbe cutting sev­
eral claws of the forefeet of dogs ill the for­ LAY DAYS. In tbe law ot shipping.
est, to prevent their r u n ning at deer. Days allowed in charter-parties for loading
and unloading the c argo . 3 Kent, Comm.
LAWLESS COURT. An anc ient local
202, 203.
English court. said to ha ve been h eld in Es­
I!ex once a year. at cock-crowing, without a LAY FEE. A fee beld by ordinary feud·
light or pen and ink. and conducted in a al tenure. as distinguished from the e c clesi.
whisper. Jacob. astical ten ure of frankalmoign, by which an
ecclf's ias ti cal corporation held of the donor.
LAWLESS MAN. An o utlaw.
The tenure of frankalmoign is reserved by
LAWNDE, LOWNDE. In old E nglisb St. 12 Car. I I . , which abolis h ed military ten­
law. A plain between woods. Co. Litt. 5b. ures. 2 BI. Comm. 101.

LA W S OF OLERON. A maritime LAY IMPROPRIATOR. In Engl1sh

code said to have been drawn up by Ri chard ecclesiastical law. A lay person holding a
1 . at the Isle of Oleron, whence its name. spi ri tual appropr iation. 3 Staph. Comm. 72-
These laws are constantly quoted in proceed­
LAY INVESTITURE. In ecelesiasti·
ings before the ad miralt y courts. as are also
the Rhodian laws. Co. Litt. 11. cal law. The ceremony of putting a bishop
in possession of the temporalities of his
LAWS OF WAR. This term denotes a diocese.
branch of public i nternational law, and com­
prises the body of rules and principles ob­
LAY OUT. This term has come to he
used te c hnically in highway laws as embrao­
Berved by civ ili zed nations for the regulation
ing all the series of acts necessary to the com­
of matters in herent in, or i n cill ental to, the
conduct of a p ublic war; Sl1ch, for example, plete establishment of a high way. 28 Conn.

as the relat ions of neutrals and belligerents,

375.
blockades. captures. prizes. truces and ar­ LAY PEOPLE. Jurym en.
mistices, capitulations. priso n ers, and dec­
larations of war and peace . LAYE. Law.

LAWSUIT. A vernacular term for a LAYING THE VENUE. Stating in

luit, action. or cause instituted or depend­ the margin of n declaration the county in
ing between two private persons in the courts which the plaintiff proposes that the trial of
of law. the aetion shall take place.

LAWYER. A person le.'uned in the law ; LAYMAN. On. of tbe people, and not
&5 an at tor ney, counsel. or solicitor. one of thE" clergy; one who is not of the legal
Any person who, for fee or l'ewart.l. prosecutes profession; one who is not of a particular
or defends causes In courts of record or otber ju� pl:ofession.
dictal tribunals of the United States, or of any of
the states. or whose business it is to give legal ad� LAYSTALL. A place for dung or soil.
vice in relation to any cause or matter whatever.
Acto! J"uly 18, 1866. § 9, (14 St. at Large, 121.) LAZARET, or LAZARETTO. Apest­
house, or publi c hospital for persons affected
LAY, �. To state or allege in pleading.
with the more dangerolls forms of contagious
LAY, adj. Uelatlng to persons or things diseasesj a quarantine station for vessels
not clerical or ecclesiastical ; a person not in coming from countries where such diseases M
ACciesiastical orders. Also n on-pl"Ofess ional . are prevalent.
 LAZZI 696 LEAGUE

LAZZI. A. Saxon term for persons of a phrase M curia advisa1i vult," (g. tJ.) 1
servile condilion. Chit. BI. Comm. 184, note.

LE CONGRES. A species of proof on Le saIut du peup1e est la supreme

cbarges of impotency in France. CQitus co­ loi. Montesq. Esprit des Lois, 1 . xxvii. c.
,·am !estibus. Abolished A. D. 1677. 23. The safety of the people it the higbest
law.
La contrat fait 10. 101. The contract
makes the Jaw. LEA, or LEY. A pasture. Co. Litt. 4b.
LE GUIDON DE LA MER. The title LEAD. The counsel on either side ot a
of a French work on marine insurance, by litigated action who is charged with the prin.
an unknown author, dating back, probably. t o cipal management and direction at the party's
the sixteenth century, and said t o have been case, as distinguisbed fronl. his juniors or
prepared for the merchants of Rauen. It is subordinatps. is said to u lead in the cause, "
noteworthy as being the earliest treatise on and is termed the "leading couDsellt on that
that subject now extant. side.

La ley de Diau at ley de terre sont LEADING A USE. Where a deed was
tout un ; et run at l'autrs preferre at executed before the levy at a tine of land, for
favour Ie common et pubUque bien del the pu rpose of specifyi ng to whose use the
terre. The law of God and the law of the fine sbould inure, it was said to "lead" the
land are all OD8; and both preserve and favor lise. If executed after the fine, it was said
the common and p ublic good of the land. to " declare" the use. 2 Bl. ComlD. 363.
Keilw. 191.
LEADING OASE. Among the various
:t,.e ley est Ie pluB haut enheritance cases that are argued and dete rmined in the
que Ie roy ad, car per Ie ley 11 mesme courts, sume, from their important character,
et touts ses sujets sont rules ; et, si Ie have demanded more tban usual attention
ley ne fuit, nul roy ne nul enberitance from the judges, and from this circumstance
serra. 1 J. H. 6, 63. 'rhe law is the high­ are freq u en tly looked upon as having seWed
est inheritance that the king possesses, for or determ inerl the law upon all paints in·
by the law both he and all bis subjects are volved in such cases, and 8S gUides for sub·
ruled ; and, if there were no law. there would sequent decisions, and from the importance
be neither king nor inheritance. they thus acquire are familiarly termed " lend·
ing cases. " Brown.
LE ROI, or ROY. The old la w-French
words for "the king." LEADING COUNSEL. That one 01
two or more counsel employed on the same
LE ROI VEUT EN DELIBERER.
The king will deliberate on it. side in a cause who has the principal man·
This is the
formula which the king of the French used agement of the cause.

whE'n he intended to veto an act or the legis­ LEADING QUESTION. A question

lative assembly. 1 ToulIier, no. 42. put or framed in such a form a8 to suggest
the answer sought to be obtained by the per·
LE ROY (or LA REINE) LE VEUT.
son interrogating.
The king (or tbe queen) will, it. The form
Questions urc leading which 8Uggost to the wit­
of. the royal a5sent to public bills in parHa­
ness the answer desired, or which embody a rna·
mellt. terial fact, and may be answered by a more neg·
ative or affirmative, or which involve an answer
LE ROY (or LA REINE) REMERCIE
bearing immediately upon the merits ot the cause,
SES LOYAL SUJETS, ACCEPTE LEUR and indicating to the witness 8 representation
B ENEVOLENCE, ET AINSI LE which will best accord with the interests ot the
VEUT. The king (or the queen) thauks his party propounding them. 8 Smedes & lU. 10·1.
A question is leading whIoh puts into a witness'
(or her) loyal subjects, accepts their benevo.
. mouth the words tha.t are to be echoed back, or
Jence, and therefore wills it to be so. The plainly suggests the answer which the party
torm of the royal assent to a bill ot supply. wishes to get from him. -4 Wend. 229, 247.

LE ROY (or LA REINE) S'AVI­ LEAGUE. 1. A treaty ot alliance be­

SERA. L. Fr. The king (or queen) will tween different states or parties. It ruay be
ad vise upon it. Tbe form of words llseu to offensi ve 01' defensive. or both. It is a1fenJi(j�
expl'ess the refusal of the royal assent to pub­ when the contracting parties agree to unite
lic bills in parliament. 1 HI. Comm. 184. in attaCking a common enemy ; defensive
This iJ supposed to correspond to the judicial when the parties agree to act in concert in de
 LEAGUE 6�7 LEASING-MAKING.

tending each other agai nst an enemy. Whar­ A contract in writing, under seal, whereby a
person having 0. le�al cst<lte in hereditaments,
ton.
corporeal or incorporeal, eonveys 0. portion of his
2. A measure of distance, varying in differ­ interest to another, in considera.tion of 0. certain
ent countries. The marine leag ue, markin g annual rent or render, or other recompense.
the limit of naUonal jurisdiction on the high Arcbb, LandI. & '1'ee. 2.

leas. Is equal to three geogrupbical (or ma­ " Lease" or "hire" is a synaUI\gmatic con­
rine) mile. ot 6,075 f.et .ach. tract, to which consent alone is sufficient, and
by wh ich one party gi ves to the other the en­
LEAKAGE. The wasLe or di minll tip!\
joyment of a th ing , or his lahar, at a fixed
of • liq uid caused by its leaking from th e
pdce . Civil Code La. art. 2669.
cuk. barrel, or other vessel in which it was
'Vllen the contract is bipartite. the one
�Iaced.
part is called the .. Jease," Lhe other the
Also an allowance made to an i mporter of
"counterpart. " In the United States, it is
I1quids, at the custom-bouse. in the collection
usual that both papers should be executed
ot duties. for hls 10s9 sustained by t he leak­
by bolh parti es ; but in Engla nd the lease is
Ing ot the Uquid trom ita ca.k or v....l.
executed by the lessor alone, and given to
the lessee, while the co un te rpa rt is execuled
LEAL. Loyal; that which belongs to the
by the lessee alone, and gi ven to tbe lessor.
law.
A C01WU1'rent lease, or l ease of a reversion,
LEALTE. Legality ; the condition ot • is one granted fat a term which is to com­
:
legalis homo, or lawful man. nHmce befo.e the determination of a previ­
ous lease of the same land to another person .
LEAN. To incline in op in ion or prefer­
An 'Unde1"lca,�·6 or sublease is one executed
ence. .A court is sometimes Mid to ulean
by the lessee of an estate to a third person,
againstll a doctr ine , constrllction, or vie w
conveying the same estate for a shor ter term
contended for. whereby it i8 meant that the
than that for which the lessee holds it.
court regardS it wtth disfavor or repu g nance,
because of its inexpedience, inj ustice, or in­ LEASE AND RELEASE. A .peci..
consistency. of con veyance much used in En gland, said
to have been invented by Serjeant Moore ,
LEAP-YEAR. See B,s.'EX·rILE. soon after the enactment of the statute of
LEARNED. Possessi ng learning; eru­ uses. It is thus con tri ved : A lease , or
dIte; versed in the law.1 In statutes pre­ rather bargai n and saJe u[Jon some pe c uniary

ICl'ibi ng the qual i flcations of j udges , "learned consideration for one year. is made by the

In the law" deS ignates one who has recei ved tenant of the freehold to the lessee or bar­
gainee. This. without any enrol ment, makes
a regUlar legal education, the almost in vari­
able evidence of wh ic h is the fact of bis ad­ the bargainor stnnd seised to the use of th e

miss i on to the bar. bargainee, and vests in the ba rga i nee the use
of the Lerro for one year. and then the statute
LEARNING. Legal doctrine. 1 Leon. immediatf>ly ann exes �he possession. .Being
71. thus i n posseSSion , be is capable of receivin g
a release of the freehold and reversion . which
LEASE, A conv eyanc e of lands or tene­
must be made to lhe tenant in posseSS ion,
ments to a person for life, for a term of ye ,:lrs,
and accord ingly th e next day a release is
or at will, in consideration of a return of rpnt
gran ted to him. The lease and release. when
or some other reco mpense . The person who
used as a conveyance of tbe fee, bave the
80 conveys s uch lands or tenements is termed
jOint operation of a single con veyance , 2
the " lessor, " and the person to whom they
are conv eyed. the '&lessee j" and when the
B1. Comm. 339; 4 Ken t, Comm. 482; Co.
Litt. 207 ; Cr ui s. , Dig. tit. 32. c. 11.
lessor so con veys lands or tenements ,to a
lessee, be is said to lease, demise, or let them. LEASEHOLD. An estate in realty held
4 Cruise, Dig. 58. under a lease; an estate for 8 fixed term of
A conveyance of any lands or tenements, yea...
(usually in consideration of ren t or other an­
LEASING, or LESING. Glea ning.
nual recompense.) made for life. for years, or
at will, but nl w ays for a less time than the LEASIN G - MAKING. In ol d Scotch
Jessor has in the pr em ises ; for, if it be for criminal law. Anotl'ense con sistin g in slan�
the wh ole interest, it is more properly an as­ derous and untrue speeches, to the d is dain,
signment than a lease. 2 Dl. Camm. 317; reproach, and con tempt of the king, hiacoun- M
Shep. Touch. 266; Walk. Conv . 220. cJl and proceedinis, etc. BelL
 LEAUTE 698 LEGACY

LEAUTE. L. Fr. Legallty ; ou!llclency LEETS. Meetings which were appointed

In law. Britt. c. 109. for the nomination or election of ecclesiaatlcll
officers i n Scotland. Cowell.
LEAVE. To give or dispose of by will.
"The word ' leave,' as applied to the subject­ LEGA, or LACTA. The alloy of money.
mntter. prima facie means a disposition by Spelman.
w!!l." 10 East. 438. LEGABILIS. In old EngliSh law. Thai

LEAVE AND LICENSE. A defense which may be bequeathed. Cowell.

to an action in trespass setting lip the con­ LEGACY. A bequest or gift 01 personal
!lent of the plaintiff to the trespass COlD­ property by last will and tt-stament.
plained ot. The word "legacy" properly impo rts a gift. of
personal, as "devise" does a gift of real. proper­
LEAVE OF COURT. Permission ob­
ty; but it may, by referenoe and construction, be
tailled from a court to talta some action descdptlve of real estate. 1 Burrows, 265, 272j a
which, w i �h()t1t such permission, would not Term, 716.
be allowable. Legacies are distinguished Bud designo.ted, ac­
cording to their nature, as tollows : (1) A legncy
L E C C A T 0 R. A debaucbed person. of B particula r thing, specified , and dIstinguished
from a.ll othel's of the same kind belonging to the
Cowell.
testator, Is specific. If sucb legacy fails, resen
L E C H E R W I T E , LAIRWITE, or cannot be bad to the other property of tbe testa­
tor. (2) A legacy is demonstrative when the par­
LEGERWITE. A fine for adultery or for­
ticular fund or personal property is pointed ou�
nication. anciently paid to the lords of certain from which it is to be taken or paid. It such fund
maDOI'II. 4 lost. 206. or property faUs. in whole or in part, resort may
be bad to tho goneral assets, as in caseof a general
LECTOR DE LETRA ANTIQUA. In legacy. (3) An annuity i!:S a bequest nf certain
Spanish law. A person apPOinted by com­ specified sums periodically. If tbe fund or prop­
petent authority to read and decipher ancient erty out of which they are payable fails, reson
may be had to the general assets, as in C8.S8 of
writings, to the end that they may be pre­
B general legacy. (4) A rosiduary legacy em·
sented o n the trial of causes as documents braces only that which remains after a.U the b&­
entitled to legal credit. Escriche. quests of the will Ilre discharged. (5) All other
legacies a.re general legacies. Civil Code Dak.
LECTRINUlIl. A pulpit. Mon. Angl. S 755.
tom. II!. p. 243.
An absolute legacy is one gi ven without

LECTURER. An instructor; 8 reader condition, to vest immediately. 1 Vern. 254;

of lectures; also a clergy man who assists 2 Vern. 181; 5 Vas. 461; 19 Ves. 86.

rectors. etc., in preaching, etc. An additional legacy is one given to the

same legatee in addition to (not in liou at)
LEDGER. A book of accounts in which auother legacy gi ven before by the same will
" trader entt:TS the names of all persons with or in a codicil thereto.
whom h e has dentings; there being t,....o par� An allernat6 legacy is ODe by which the
alIel col umns in each account, one for the en� testator gives one of twoor more things with­
tries to the debit or the person charged, the out designating which.
other for his credits . Into this book arB A conditional legacy Is a bequest whose
posted the items from the day·book or journal. existence depends upon the bappening or not
happening of some uncertain event. 1 Rop.
LEDGER·BOOK. 10 ecclt3siastical law.
The name of a book kept ill the prerogative
Leg. 500.
A C1.l,mulatt'DtJ legacy is an additional leg­
oourts in England. It is considered as a roll
acy, this being its more proper technical name.
of the court, but, it seems, it cannoL be read
A. demollst'raUve legacy is a gift of money
in evidence. Bac. Abr .

or other fungible substance i n quantity, ex­

LEDGREVI US. In old Englls� law. pressed to be made payable out of a specified
A. lathe-reeve. or chief officer of a lathe. SU Ill of money or other specified tungible
Spelman. substance.
A general legacy is one so given as not to
LEDO. The rising water or increase of
amount to a bequest of a particular thing or
the sea.
money of the testator, distinguished from all
LEET. In English Jaw. The name of a others of the same kind. 1 Rop. L eg. no.
court ot cdminal jurisdiction, formerly of An indefinite legacy is one which passe!
much importance, but latterly fallen intodis� property by a general or collective term. with.
use. See CoURT·LEET. out enumeration of number or quantity ; 84
 LEGACY 699 LEGAL INCA.PACITY

a bequest of all the testator's " goods," or bis sets as can be reached in the hands at an ex­
Mbank-stock." Lown. Leg. 84. ecutor or administrator, by a Buit at law
A lapsed legacy is one which, in conse­ against him.
guonee of the death of the legatee before tbe
LEGAL CONSIDERATION. One reo­
testator or before tho p�l'iod for vesting. has
ognized or permitted by the law as valid and
never vested.
lawful; as distinguishet1 from BucB as are
A >nodal legacy is a bequest accompanied
illegal or immoral.
with directions as to the mode i n which it
Ihould be applied for the legatee's be-netltj LEGAL CRUELTY. Such as will war­
for example, n legacy to A," to put him an rant the granting of a divorce' to th� injured
apprenli(.'e. Low u . Leg. 15I. party j as distinguished. from sllch kinds or
A pecuniclTV legacy is a bequest of a sum degrees of cruelty as do not. under the stat­
of money. It may or may not specify the utes and decisions. amount to sulficicnt caus'
fund from which it is to be dm wn. It is not for a decree.
the less a pecuniary legacy if it comprises the Legal cruelty may be dullned to be such conducG
on the part of the husband as will enda.nger the
Bpecific pieces of money in a designat.ed re-­
life, limb, or bealth of the wife, or create a reason­
ceptacle, as a purse or chest. able apprehension of bodily hurt ; such acts as ren­
.A residuary legacy is a bequest of 3.11 the der cohabitation unsafe. or are likely to be attend­
testator 's personal estate not otherwise effect­ ed with inj ury to the person or to ibe health of tbe

ually dispo,ed of by his will. Lown. Leg. wife. 36 Ga. 286.

10; Bae. Abr. uLf'gaciel, " I ; 6 H. L. Cas. LEGAL DEBTS. Those that are re­
217. coverable in a court of common law, as debt
A spectftc legacy is a gift of a particular on a bill of eXChange, a bond, or a simple con­
portion of the testator's personal estate, spec­ tract.
ified and disti nguished from the rest ; or 8
L E G A L D E F E N S E. 1. A defense
bequest ot ear-murked money or ot other ear­
which is complete and adequate in point of
marked fungible substance. in mass, or of
law.
any non-fungible substance by description.
2. A. defense which may be set up in a
A. trus t legacy is a bequest of personal
court of law; as distinguished fl'om an
property to trustees to be held upon trust; as
" equitable defense." which is cognizable
to pay the annual income to a beneficiary for
only In a court of t!quity or court possessing
ilf•.
equitaule powers.
LEGACY DUTY. A duty imposed in LEGAL DISCRETION. Tbe discretion
England upon personal property (other than
t o be exercised by a judge in interpreting the
leaseholds) devolving under any will or in­
law. or in applying equitable principles to the
testacy. Brown. determi nation at causes or the granting at
LEGAL. 1. Conforming to the law; ae. relief.

cording to law; required or perm itted by law; LEGAL ESTATE. That kind of est.t.
not forbidden or discountenanced by law; which is properly cognizable in the courts of
good and effectual in law. COOlmon law, though noticed. also, in the
2. Proper or sufficient to be recognized by courts of equity. 1 Steph. Comlll . 217.
the law; cognizable i n the courtsj competent
LEGAL HEIRS. This phrase, used in a
or adequate to fulfill the requirements of the
devise or a policy of life insurance. will be
law.
held to mean those to whom the law would
3. Cognizable in courts of law, as distin­
give the person'8 propertyt real and personal,
guished from courts of eqUity; construed or
if he should ditlin testate. 88 ll1.251; (Tex.)
governed by the rules and principles of law,
8 s. W. Rep. 203.
in contradisti nction to rules of equity.
4. Posited by the courts as the inference or LEGAL HOLIDAY. A. day deSignated
tmputation of the law, a! a matler of coo­ by law as exempt from judicial proceedi ngs.
Itruction, ratber thao establ ished by actual service of process. demand and protest of
- �

proof; 8. g., legal malice. See LAWFUL. commercial paper, etc.

LEGAL ASSETS. Tilat portion ot the LEGAL INCAPACITY. This expres­

assets of a deceased party wbich by law is sion implies that the llf'rson in view bas the
directly liable. In the hands of his executor right vested in him, b ut is prevented by some
or administrator, to the payment of debts and impediment from exercis i n g it; as in the M
legacies. 1 Story. Eq. Jur. § 551. Such as- case of minors, femes covert. lunatics, etc.
 LEGAL INTEREST 700 LEGATOR

A n administrator has no right untfl letlers It occurs in the phrase, "probt d legtlles
are iS8U!'d to him. Therefore he cannot ben­ humines. " ( good and lawfnl men, competent
efit (as respects the time before obtaining let­ j urors.) and " h'gality" designates the condi.
ters) by a saving clause in a statute of lim� tion of such a man. Jacob.
itations in favor of persons under a legal in­
LEGALIS MONE'l'A ANGLIlE. Law·
capacity to sue. 1 Root, 187.
ful money of Engllmd. 1 Inst. 207.
LEGAL INTEREST. Th at rate of in·
terest prescribed by the laws of the particular LEGALITY, or LEGALNESS. Low·
state or country as the high est which may be tulness.
In wf ully con tracted for or exacted . and wbich
LEGALIZATION. Tbe act at legaliz.
must be paid in all cases where the law al­
ing or making legal or lawful. See LEGA.lI­
lows interest wit ho ut the assent of the
lZE.
debtor.
LEGALIZE. To make legai or lawful;
LEGAL IRREGULARITY. An irreg.
to confirm or validate what was before void
ulari ty occurring in the course of some legal
or unlawful; to add the sanction and author­
p roceeding. A defect 01' informality w hich,
ity of law to that which before was without
in the techn ical view of the law, is to be nc.
or against law.
counted an irregularity.
L E G A L LY . Lawf ully ; according to
LEGAL MALICE. An expression used
law.
as the equivalent of "constructive maliee, "
or " malice in law." 52 Me. 502. L E G A N T I N E CONSTITUTIONS.
The name of a code of ecclesiastical laws. en­
LEGAL MEMORY. See MEMORY.
acted in national synods, beld under legates
LEGAL MORTGAGE. A term u sed In from Pope Gregory lX. and Clement IV., in
Louisiana. The law alone jo certai n cases the reign of Henry Ill. , about the years 1220
gives to the creditor a mortgage on the prop­ and 1268. 1 BI. Comm. 83.
erty of his debtor, without it being requisite
LEGARE . Lot. In the civil and old
that the parties should stipulate it. This is
English law. To bequ eathi to leave or give
called " legal mortgage. " Civil Code La.nrt.
by will; to give in anticipatlOn of lleath. In
3811.
Scotch phrase. to legate.
LEGAL NOTICE. Such notice .. i. ade­
qu ate in point of law; su ch notice as the law LEGATARIUS. Lat. In the civil law.
requires to be given for the specific purpose One to whom a thing is beq ueathed; a legatee

or io the particular case. or legatal'Y. lnst. 2, 20, 2, 4, 5. 10; Bract,

fol. 40.
LEGAL REPRESENTATIVE. A per-
In old European law. A legate, mes­
80n who. in the law, represent.s the person
senger, or envoy. Spelman.
and controls the rights at another The .

phrase is commonly used as the &quivalent LEGATEE. The person to whom a leg .

of lI execu to r" or "admin istrator." acy is gi ven .

The term imports a. higher authority than
"agen� " for an agent aots for his prinCipal, who LEGATES. Nu n cios. deputies. or ex­
retains the beneficia.l right; but the legal repre- traordjnary ambassadors sent by the pope to
8entative succeeds to the place of the former owner, be his representatives and to exercise his ju­
and Is ve8ted with his title.
risdiction in countries where the Roman Cath·
LEGAL REVERSION. In Scotch law. olic Churoh is established by law.
The period within which 8 prop rietor is at
LEGATION. An embassy ; a diplomatic
l iberty to redeem land adjudged from him for
minister and his suite; the p ersons commis­
debt.
sioned by one government to exercise diplO­
LEGAL TENDER. That kind at coin, matic t unction s at the court ot another. in·
money, or clrculaUng medium which the law cluding tbe mini s ter, secreta.ries , attaches,
compels a creditOr to accept in payment of
" interpreters, e tc. , are collectively styled the
his debt, when tendered by the debtor in the "legation" of their government. The word
right amount. also denotes the official residence of a foreign
minister.
LEGALIS HOMO. Lat. Alawfuiman;
a person who stands rectus in curia; a person LEGATOR One who makes a will, and
not outlawed, excomm unicated, or infamous • . leaves legacies_
 LEGATORY 701 LEGES NON VERBIS. ETC.

LEGATORY. The third part of a free­ proposed law; to make or pass it. Tayl. Civil
man's personal estate, which by the custom Law. 9.
of London, in case he had a w it'e and child ren, LEGEM SCISCERE. Lat. To give
the freeman might always have dis posed of consent a.nd authority to a proposed law; ap­
by wi ll . Bac. Abr. "Customs of London,"
plied to the consent of the people.
D. 4.
Legem terrm amittentes, perpetuam
Legatos violare contra jus gentium est.
infamire notam inde merito incurrunt.
4 Coke, peef. It is contrary to the law of
Th.ose who lose the law of the land . then
nations to inj ure ambassadors.
justly incur the ineffaceable brand of in­

LEGATUM. Lat. In the oivll lBw. A famy. 3 I n st. 221.

(egacy ; a gift left by a deceaserl person, to LEGEM VADIARE. In old En gli sh
be executed by the be ir. lnst. 2, 20, 1. law. To wage law ; to ofIer orto give pledge
In old English law. A legacy gi ven to to make defense, by oath . with compurgators.
the church, or an accustomed. mortuary.
LEGES. Lat. Laws. At Rome, the leges
Cowell.
(the decrees of the people in a strict se nse )
Legatum morte testatoris tantum con­ were laws whicb were proposed by a magiS­
tl.rmatur, sicut donatio inter vivos tra.­ trate preSiding in the senate. and adopted by
dition e Bola. Dyer, 143. A legacy is con­ the Roman people in the (lom-itia centuriata.
firmed by the death of a testator, in the Same Mackeld . Hom. Law , § 3I.
manner as a gift from a living person is by
LEGES ANGLIlE. Lat. The laws of
delivery alone.
E ngl and, asdisti nguished from the civil law
LEGATUM OPTIONIS. In Roman aud other foreign systems.
law. A legacy to A. B. of any article or Leges AngJ..im Bunt tripartitm,-jus
articles that A. B. liked to choos.e or sele ct
commune, con suetudine s, ae decreta
out of the testator's estate. If A. B. died
comitiorum. The laws of England are
after the testator. but before making the
tbreefold. ----common law. customs, and dea
choice or selection. his representatl ve (hawes) crees of parliament.
could not, prior to Justinian, m ake the se­
lection for him, but the legacy failed alto­ Leges figendi at refigendl consuetudo

gether. Justini an, however, made the leg­ est periculosissima.. The practice of fixing
acy good. and enabled the representati ve to and refixing [m aki ng and rem akillg] the

choose. Brow n. laws is a most dangerous ooe. 4 Coke, pret.

Legatus regis vice fungitur a. quo des­ Leges humanre nascuntur, vivunt, et

tinatur et honorandus est sicut ille cujuB moriuntur. Human laws are born, live,
vicem gerit. 12 Coke. 17. An am bassa­ anu die. 7 Coke. 25; 2 Atk. 674; 11 C. B.
dar fills the place of the king by whom he is 767; I HI. Comm. 89.
sent, and i:s to be honored as he is whose Leges naturre perfectissimre Bunt at
place he Hill! . immutsbiles ; humani vero juris condi­
tio se mper in infinitum deourrit. at nihil
LEGEM AMITTERE. Lat. To lo.e
est in eo quod perpetuo stare possit.
one's law; tbat is. to lose one's privilege of
Leges humanre nasountur, vivunt. mo­
being admitted to take an oath.
riuntur, The la ws of nature are most per·
LEGEM FACERE. L. Lat. InoidEn. fect and immu table; but the condi tion of
glish law. To make law or oath. human law is an unending succession, and
there is nothing in it which can continue
LEGEM FERRE. Lat. I n Roman law.
perpetually. Human laws are born, live.
To propose a law to the people for their adop­
and die. 7 Coke, 25.
tion . Heinecc. Ant. Rom. lib. I, tit. 2.
LEGES NON BCRIPTlE. Lat. In
LEGEM HABERE. Lat. To be capa­ English law. U n w ritten or customary laws,
ble of givin g evidence upon oaih. Wit­ including those a ncient acts of parliament
nesses who had been conv icted of crime were wbich were made before time of memory.
incapable of giving evidence, until 6 & 7 Viet. Haie, Com. Law, 5. See I HI. Comm. 63, 64.
c. 85.
Leges non verbis, sed rebus, sunt im­
LEGEM JUBERE. Lat. In Roman p ositoo. Laws are imposed, not on words, M
law. To give consent and authority to a but things. 10 Coke, 101; Branch . Prine.
 LEGES POSTERIORES, ETO. 702 LEGITIMUB

Leges posteriores priores contrarias of legislators is a Ii v ing voice, to impose

abrogant. Later l<\ws abrogate prior laws laws on thin gs , and not on words. 10 Coke.
that are contrary to tbem. Broom, Max. 27, 101.
29. LEGISLATURE. 'l'be department, ...
LEGES . SCRIPTlE. Lat. In E nglish sembIy, or body of men that makes laws tor
law. Written laws; statute laws. or Rcts of 8 state or nation; a legislative body.
parli am ent w hich are ori gin ally reduced into
LEGISPERITUS. A person skilled Ot
wr iting before they are enacted. or receive
learned in the law; a lawyer or advocate.
any bin ding power. Hale, Com. Law, 1, 2.
Feud. lib. 2, tit. !.
LEGES SUB GRAVIORI LEGE.
LEGIT VEL NON? In old English
L1.wS under a weightiel' law. lIale. Com.
practice, this was the formal question pro­
Law, 46, 44.
po u ndt d to the ordinary when 8 prisoner
·

Leges auum ligent latorem. Laws claimed the benefit of clergy,-does he read
should bind their own maker. Fleta. lib. 1, or not? If tbH ordinary found that the pris­
c. 17, � 11. oner was entitled to clergy, his formal an·
swer was, " Legi.t ut clericlts," he reads like &
LEGES TABELLARIlE. Lat. Roman
clerk.
laws regu lating the mode of \'oting by ballot,
(tabella.) I Kent, Camm. 232, note. LEGITIM. In Scotch law. Tho chil·
dren'8 share in the father's movable�.
Leges vigilantibus, non dormlentibuB,
subveniunt. The }aws aid the vig i lant. not LEGITIMACY. Lawful bil'th ; theeon­
the neg l ige nt. 5 Johns. Ch. 122, 145; 16 dition of being burn in \yedlock ; the opp osite
How. Pro 142, 144. of illeg i timacy or bastardy.

LEGIBUS SOLUTUS. Lat. Released LEGITIMATE, 'lI. To make lawful; to

from lhe laws; not bound by the la WB . An confer legitimacy; to place a cbild born be­
expres sion applieu in the Homan civll law to fore marriage on the footi ng of those born in
the emperor. Calv in . 1. wful wedlock. 26 Vt. 653, 657, 658.
Legibus sumptis desinentibus, lege na.­
LEGITIMATE, adj. That which is law­
turre utendum est. 1Vhen laws im posed
ful, Jegal, recognized by law. or according to
by the state fail. we must act by the law ot
law: as legitimate children. legitimate au­
nature. 2 Rolle, 298.
thority. or lawful power.
LEGIOSUS. In old records. Litigious,
LEGITIMATION. The making legiti.
and 80 subjec ted to a course of law. Cowell.
mate or 13 w(ul that hi ch was not originally
w
Legis construotio non facit injuria.m. 80; especially the act of lega lizing the BtatlU
Co. Lit t. 183. '.£be cons truction of law does of a bastard.
no injury.
L E G I T I M A T I O N PER SUBSE­
LegiS Interpretatio legis vim obtinet. QUENS MATRIMONIUM. T he legIti­
Ellesm. Postn. 55. Tbe interpretation at mation of a bastard by the su bseq uent mara
law obtains tb!3 (orce of law. ri age of bis paren l:.s . Bell.

Legis minister non tenetur in exeou­ LEGITIME. Lat. In tbe civil law.
tione officii sui, fugere aut retrocedere. That p ortion of a parent s estate at which he
'

T he minister of the law is bound, in the ex­ can not disinherit bis children without a legal
cution of his oltice, not to fly nor to retr eat .
cause .
Branch, Prin e.
Legitime imperanti parere necease
LEGISLATION. The act of giving or e9t. Jenk. Cent. 120. One law fully com·
enacting la ws. mandmg must be obeyed.
LEGISLATIVE POWER. The law­
LEGITIMI HlEREDES. Lat. In Ito­
making power; the department of governmen t
man law. Legitimate beirs; tbe agnate r&­
whose function is the framing and enactment
lations of the estate-leaver; so called because
Of laws.
the inberitance was given to them by a law
LEGISLATOR. One who makes laws. of the Twelve Tables.

Legislatorum est viva vox, rebus at L E G I T I MU S . Lawful; legitimate.

Don verbis legem imponere. Tbe voice Legitimus harea et ftlitu eat quem nup tu.
 LEGO 703 LET

dtmonstrant. a lawful Bon and heir is he LESCHEWES. Trees [allen by chance

whom tbe marr ia.ge iJoints out to be lawful. or wind-fal ls. Brooke. Abr. 3 n .
BfRcl. fol. 63.
LESE MAJESTY. The old Engllsb and
LEGO. Lat. In Roman law. I be­ Scotch translation of " lasa majestas, II or
queath. A common term i n wills. Dig. 30. high treason. 2 Ree ve, Eng. Law, 6.
86, 81, et seq.
LESION. Fr. Duma.ge i injury; detri­
LEGRUITA. In old re corUs. A fine for ment. Kelham. A term of the Scotch law.
crIminal cOD\'ersation with n woman. In the oivil law. The inj ury suffered
by oue who does not recei ve a full equivalent
LEGULEIUS. A perso n 81<111ed i n law.
for whaL hu giv es i n a commuLative contract.
('n legibu,s 'Dersatus,.) ODe vers ed in the forms
Civil Code La. a rt. 1�60.
of law. Calvin.
Inequahty iu contracts . Path. ObI.. no. 33.
LEIDGRAVE. An ofll cer under tbe
LESPEGEND. An inferior officer in for­
Saxon gove rnment. who han ju risdiction over
ests to take care of the vert and venison
a lath. Ene. Lond. See LA'l'll.
therein, etc. What ton.
LEIPA. In old English law. A fug i tive
LESSEE. He to w hom a lease is made.
or runaway.
He w ho holds all est ate by virtue of a lease.
LENDER. He from whom a tbing is
LESSOR. He who grants a lease .
borrowe d. The bailor of an articl e lo aned.
LESSOR OF THE PLAINTIFF. In
LENT. The quadragesimal fast ; a ti me
the action of ej ectment , this was the party
01 all.tinence ; the tim. from .Asb-Wednes­
who really and in e ffe ct prosecuted the action
day to Easter.
and was interested i n its result. The reason

LEOD. People ; a people ; a nation. of his having been so c..'led

ll arose from the

Spelm an. circumsta nce of the nctio n baving been car.

rled on in the name of a nominal plaintiff,
LEODES. In old European law. A (John Doe, ) to whom the real plaintiff had
vassal. or Jiege man; service i n werB or were­ granted a fictitious lease, and thus had become
gild. Spelman. his lessor.

LEOHT-GESCEOT. A tax for supply­ LEST. Fr. In French m aritime law.

tng tbe church with llghts. Anc. lost. Eng. Dallast. Ord. Mar. liv. 4, tit. 4, art. l .

LEONINA SOCIETAS. Lat. An at­ LESTAGE, LASTAGE. A custom for

tem pted partnership. i n which one patty was carrying things i n fai rs and markets. Fleta,
to hear all the losses, and have noshare in the 1. I, c. 47i Termes de lao Ley.
profits. 'fhis was a void partners b ip in Ro­
LESTAGEFRY. Lestage free, or ex..
man law; and. apparently . it would also be
empt from the duty of paying ballast money.
void as a partnersbip in English law, as be­
Cowen.
ing inherently inconsistent with the n otion
of pal'tnership. (Dig. 17, 2, 29, 2.) Brown. LESTAGIUM. I.astage or lest age ; •
duty laid on the cargo of a ship. Cowell.
LEP AND LACE. A custom tn the
manor of Writtle, 1n Essex, that every cart LESWES. Pastures. Domes daY i Co.
which goes ov er Gre enLury within that Litt. 4b. A term often inserted in old deeds
manor (exce pt it be the cart of a nobleman) and conveyances. Cowell.
.ball pay 4<1. to the lord. Blouot.
LET, t). In oonveyancing. To demise
LEPORARIUS. A greyhound. Cowell. or lease. "To let and set" is an old expres.­
sion.
LEPORIUM. A pl ace where hares are
In practice . To deliver. uTo Zet to bail II
ke pt . Mon. An gl. t. 2, p. 1035.
is to deliVElr to bail on arrest.
LEPROSO AMOVENDO. An ancient In contracts. To award tooneof several
writ that lay to remove a leper or lazar, who persons, who have submitted proposals there-
thrust himself into the co mpany of bis nei gh­ for. the contract for erectin g public works or
bors in any parish, either in the church or at doing some Pl.ll't of the work connected there-
ether public meetings , to their annoyance. with, or rendering some other service to M
Beg . Or ig. 237. government for a stipulated compensation.
 LE'f 704 LE'£l'EH OF CRlmr!

IAl'"L1Ug � �:tro.ct Is the choosing ODe from ters from the post-olll.ce to the persons to
�mong the number of bidders, nnd tbe forma! mak­
whom they are addressed.
,tlg of the contract with him. Tbe letting. or put­
t-ing out, is a dUlerent !'biug frow tbe invitation to LETTER MISSIVE. In English law.
make proposals; !'he letting is subsequent to the
.A letter from the king or queen to a dean
t.nvitation. It is the act of awarding the contract
to the proposer, after the proposal� have been ro­
and cbapt("lr, containing the name of the per­
,-6ived and considered. See 55 Ala. 83, S5. son whom he would have them elect as bishop.
1 Stepb. Comm. 666. A request address ..' to
LET, n. In old conveyanci ng. Hindrance;
a peer. peeres�. or lord of parliament against
ifbstructionj interruption, Still occasionally
whom 8 bill bas been filed desirin g the d&
-:aed in the phrase " without any let, suit.
fendant to appear and answer to tlJe bill.
frouble," etc.
In oivil·law practice. The phrase II let­
LET IN. In practicP, To admit a party ters missiTe," or "letters dimissory, It is some­
iM a matter of favor; as to open a j udgment times used to denote the paper s sent up OD
and "Jet the defendant in" to a defense. an appeal by the judge or court below to the
superior tribunal, otherwise called the "apos<­
LETHAL WEAPON. In Scotch law.
A deadly weapon.
tles," (g. v.)
LETTER OF ADVI CE. A communi·
LETRADO. In Spanisb law. An advo­
cation frow one person to another. ad vising
cate. White, New Recop. b. I, tit. 1. c. 1,
or warning the latter of something which
§ 3, note.
he ought to know, and commonly appris·
LETTER. 1. One of t.he arbitrary marks jng him befort'hand of sOlUe act done by the
or characters constituting the alpbab e t, and Wl"lter which will ultimately affect the recip­
used in written lan g uage as the representa. i�nt.
tivea of sounds or arliculations of the human It 115 usual and perfectly proper for the
organs of speech. Several of the letters of drawer of a bill of exchange to write a letter
the English alphabet have a sp ecial signifl� of advice to the dra wee, as well to prevent
cance in jurisprudence, as abbreviations and fraud or alteration of tbu bill. as to let the
otherwise. or are employed as n um erals. drawee know whllt provision has been malIa
2. A dispatch or epistle; a written or for the payment of the bill. Chit. Bills,
printed message; a communication in writ. 162.
ing from ODe person to another at a distance.
LETTER OF ADVOCATION. In
3. In the imperial law of Rome, lI letter "
Scotch law. The proces� or warrant by
or " epIs tle " was the name of the answer re�
which, on appeal to the supreme court or
tu rned by the emperor to a qu eslion of law
court of session, that tribunal assumes to
su bmitted to him by the magistrates.
itself jurisdiction of the cause, and discharges
4. A commission. patent, or w ritten In�
the lower court from all further proceedinga
etrument containing or attesting the grant at
in tbe actlon. Ersk. Inst. 732.
some. power. authority, or rig ht. 'fhe word
appea rs i u this generi c sense i n many com­ LETTER OF ATTORNEY. A. power
pound phrase! known to comillerchd law and of attorney ; a writ.ten instrument by which
j u risprudence; e. g., letter of attorney, letter one person constitutes another bis true and
missive. letter of crcd it. letters patent. The lawful attorney, in order that tbe latter may
plural is frequently used. do for the for m er, and in his place and stead,
5. Metaphorically, th e verbal expl'essi o n ; some lawful act.
the st.rict literal meaning. The letter of a
LETTER OF CREDENCE. In inter·
st at ute, as distinguished from its Spi1·it,
national law. The document wbich accred­
means the strict and exact force of the lan­
its an ambassador, mi nister, or envoy to the
guage employed, as distinguished from the
court or government to wbich he is sent; i.
general purpose and policy of lhe law.
e., certifies to hie app ointment and qualifica­
6. He who, b ei ng the owner of a thing,
tion, and bespeaks credit for his official ac­
lets it out to another for hire or compensa­
tions and representations.
tion. Story, Bailm. § 369.
LETTER OF CREDIT. A.n open or
LETTER-BOOK. A book in which a
sealed letter. from a merchant in one pl ace.
merchant or trader keeps copies ot letters
directed to another, in a nother placB or coun­
sent by him to his correspondents.
try, requiring bim, if a person therein
LETTER-CARRIER. An employe of Ilamed, or the bearer of the letter. shall have
the poat-office, whose duty it is to carry let;.. occasion to buy commodities, or to wan�
 LETTER OF CREDIT 705 LETTEHS OF SAFE CONDUCT

money to any particular or unlimited amount. ceased, which neither make bim executor I.; ,r
either to procure the same or to pass his prom­ administrator; his only business being to t.vI·
ise. bill, or bond for it. the writer of the let­ leet the goods and k eep them i n his safe C,JS­
ter undertaking to provide him the money tady. 2 Bl. Comm . 505.
tor the goods. or to repay bi III by exchange. LETTERS CLOSE. In English law.
or to give him sitch sat isfaction as he shall Close letters are grants of the king. anel, be 4
require. either for himself, or the bearer of ing of private concern, they are thus distin­
the Idter. S Chi t. Com. Law, 336. g u isbed from letters patent.
A letter of credit is a written irrstrument,
addressed by one person to another. req uest­ LETTERS OF ABSOLUTION. Ai>­
Ing the lattAf to give credit to the person i n sol vatory letters. used in former times. when
whose fa\'or i t i s drawn. Civil Code Cal. an abbot rele ased any of his brethren ab
§ 2B58. omnia subjectio1le et obedientia, etc.. and
made them capable of entering into some
LETTER OF EXCHANGE. A bill of
other order of religion. Jacob.
exchange, (go ". )
LETTERS OF ADMINISTRATION.
LETTER OF LICENSE. A letter or
The i nstrument by which an administrator
written instrument given by cre di tors to
or administratrix is authorized by the probate
their debtor, who has failed in trade, etc . •
court. snrrogate, o r other proper officer. to
all owi n g h i m lo nger time for tho payment of
have the charge and administnltion of the
his debts. and protecting him from arrest in
goods and chattels of an intestate.
tbe mean tIme. Tomlins; Bolthouse.
LETTERS OF CORRESPONDENCE.
LETTER OF MARQUE. A commis·
In Scotch law. Letters are admissible in ev­
sia n given to a private ship by 8 govern men t
idence against the panel, i. e., the prisoner
to make reprisals on tbe ships of another
at th e bar, i n cri m inal trials. A letter wri t­
state; hence, also, the Shi p �h us commis4
ten by the pa nel is evidence again s t him;
lioned.
not so o ne fro m a third party fo u nd in 11i8
LETTER OF RECALL. A document poss essio n. Bell.
addressed by the executive of one nation to
LETTERS OF FIRE AND SWORD.
that o[ another, infor m in g the latter that a
See FmE Az...TJ> SWORD.
min ister sent by the former has been recalled.
LETTERS OF HORNING, i n the law
LETTER OF RECOMMENDATION. Scotland, are letters ru n ning in the sover4
A w ri ti ng whereby one person certifies eign's nam e and passing the Si gne t. T hey
concerning another that he is of good charac4 are directed to messengers at arms, as sher­
ter, solvent, possessed of cOIUu.:wrc:ial credit, iffs in that part, (i. e., persons specially ap­
skilled in his trade or profession, or otherwise pointed to perform particuifLr d uties apper­
worthy of tr ns t, aid, or employment. It tain ing to the office of s heriff ,) to cbarge the
may be addressed to an ind i v id ual or to whom person a gainst whom the letters are dil'ected
it may concern, and is design ed to aid the to pay or perform ill terms of the- " wilJ" of
perSall commended in obtaining credit, em4 the letters. which must ue consistent with
ployment, etc. See 18 How. 198. the warra n t au which the letters proceed.
The warrant on which t he letters proceed is a
LETTER OF RECREDENTIALS. A
d ecree either of .the conrt of session or of
doc ument embodying the formal action of a
some inf<:!rior court. Dell.
government upon a letter of recall of a for­
eign minister. It, in effect, accredits him LETTERS OF REQUEST. A for mal
back to his own government. It is addressed instrument by which au i nferior judge of eC4
to the latter government, and is delivered to clesiastical j urisdiction reques ts the ju dge of
the m in ist er by the diplomH tic secretary of a s up erior court to take and determi ne any
the state from which be is recaUed. mat.t.er which has com e before him. thereby
waiving or remitting lIis own j u risdict ion .
LE T T E R S AD COLLIGENDUM.
This is a mode of beginni ng a suit originally
BONA DEFUNCTI. In practice. In de.
in th e court of arches, instead of the consis­
fault of the represe n tatives and creditors to
tory court.
admi nister to the estate of an int estate. the
LETTERS OF SAFE CONDUCT. No
M
officer entitled to grant letters of admi nistra­
tion may grant, to sucl) persons as be ap4 SUbject of a nation at war with En gland can,
pro v es , l6tters to collect the goo& of the de-- by the la w of nations, come into the l'oolm,
AM.DfCT.LAW-4.C)
 LETTERS OF SLAINS 705 LEVARI FACIAS

Dor can travel hi mself upon the high seas, or
send bis goods and merchandise from one
place to another, without danger of being
seized, unless he bas letters of safe conduct.
wbich. by di vers old statutes, must be granted
under the great seal, and enrolled in chan­
cery, or else are of no �ffect; the sovereign
being the best judge of such emergencies as
may deserve exemptivn from the general Jaw
of arms. But passports or licenses from the
a m uassadors auroad are now more usually ob­
tained. and are allowed to be of equal valid..
Ity. Wbarton.
LETTERS OF SLAINS, or SLANES.
Letters subscribed by the relatives of a per-
8011 who had been slain, declaring that they
had received an assythment, and concurring
in an application to the crown for a pardon
countersigned by a secretary of state, autbor­
izing the imprisonment of 8 person. It 11
said that they were devised by Pere Joseph,
under the ad mi nistration of Richelieu. They
were at first made use of occasionally as I
means of delaying the conrse of justice; but
during the' reign of Louis XIV. they were
obtained by any person of suflicient Influence
with the kingol' bis ministers. Under tbem,
persons were imprisoned for life or lor a long
period on the mo:st frivolous pretexts, for the
gratification of private pique or revenge, and
without any reason being aSSigned for such
punishment. They were also grimted by lhe
king for the purpose of shielding biB favor­
ltes or their friends from the consequences
of their crimes; and tbus were as pernicious
in their operation as tlle protection afforded

to the offenuer. These or other evidences of by tilo church to criminals in a �ormer age.
Abolislleu. during the Revolution of 1789.
their concurrence were necessary to found .
Wharton.
the application. Bell.

LETTERS PATENT. Open letters, as LEUCA. In old French law. A

distinguished from letters close. An instru­ leaglle, conSisting ot fifteen hundred paces.
ment proceedin g from the government, and Spelman.
conveying a right, authority, or grant to a n In old English law. A leaglle or mile of
individual, as a patent for a tract o f land. or a thousand paces . Domer;day ; Spelman.
for the exclusive right to make and sell a new A privileged space around a monastery of
invention. Famili arly termed a "patent." a league or mile in circuit. Spelman:

LETTERS ROGATORY. A formal LEVANDlE NAVIS CAUSA. Lat.

communication in writing, sent by a court For the satie of lightening the ship; denotes
in which an action is pending to a court or a purpose of throwing overboard goods.
j udge of a foreign country, requesting that which renders them 8ubjects of general av·
Lhe testimony of a witness resident witbin srage.
the j uristliction of the latter court may be
LEVANT ET COUCHANT. L. Fr.
there formally taken under its direction and
Rising up and lying down, A term appli ed
transmitted to the first court for use i n the
to trespass ing cattle which have remained
pending action . This process was also in
long enough upon lemd to have Jain down to
use, at an early period. between the several
rest and risen up to feed; generally tbe space
states of the Union. The request rests en­
of a nig ht and a day, or, at least. one night.
tirely upon the comity of courts towards each
other. LEV ANTES ET CUBANTES. Rising
LETTERS TESTAMENTARY. The up and lying down. .A term applied to cat­
formal instrument of authority and appoint­ tle. 3 Bl. Comm. 9.
ment given to an executor by the proper LEVARI FACIAS. Lat. In English
court, empowering him to enter upon the practice. A writ of execution directing the
discharge of his office as e:x:ecutor. It corre­ sheriff to cause to be made of the lands and
sponds to letters of administration granted chattels of the judgment debtor the sum ,'e-
.
to an admin istra.tor. covered by the judgment.
LETTING OUT. The act 01 awardIng Also a writ to the bishop ot the dIocese,
a contract ; e. g.t a construction contract, or commanding him to enter into the benefice of
contract for carrying the mails. a judgment debtor, and take and sequestat
the same into his posseSSion, and hold tbe
LETTRE. In French law. A letter. It same until he sball have levied the amount
is used, like our English " letter, OJ for 8 form.
of the judgment out of the rents. tithes, and
II instrument giving authority.
profits thereof.
LETTRES DE CACHET. Letters is· In American law. A writ used to sell
'll�d and signed by the kings of France, and lands mortgaged, after a j udgDlent has been
 LEVARI FACIAS. ETC. 707 LEX

obtained by thll mortgagee, or his assignee. up) a nu isance ; to levy (acknowledge) a fine ,
Jpinet the m ortgagor, under a peculiar pro­ to levy (inaugurate) war; t o levy an execu·
oeed ing authorized by s tatute. 3 BOllY. lost. tiOD , i. e., to levy or collect a sum of money
ao. 8396. on an execution.

LEVARI FACIAS DAMNA DE DIS­ LEVY, u. In practi ce. .A seiz ure i the
BBISITORIBUS. A writ formerly directed raising of the money for which an execution
&0 tbe IIheriff tor the levying of damages, bas been issued.
which a disseisor had been condemned to pay
LEVY COURT. A court formerly ex­
10 tbe di8seisee. Cc well isting in the District of Columuia. It was a
LEVARI FACIAS QUANDO VICE­ body charged with the admin istration of tbe
COMES RETURNAVIT QUOD NON ministerial and fi nancial duties of 'Washing­
HABUIT EMPTORES. An old writ tau county. It was charged with the duty
commanding the sheriff to sell the goods at of layi ng out and repairing roads , building
adebtn r which he had already taken. and had bddges, prOViding poor-houses, laying aod
retnrned Lbat be could not sell them; and as collrcting the taxes necessary to enable it to
much more of tile debtor's goods as would uischHrge these and other duties, and to pay
eatisfy the whole debt. Cowell. the other expenses of the county. It hud
capacity to make contracts in reference to
LEVARI FACIAS RESIDUUM DEB­ any of thesQ matte.rs. aDd to raise money to
ITt. An old writ directed to the sheriff for meet such con tracts . It had perpetual suc­
levying the l'f'mnant of a partly..gatisLied debt cession , clOd its fU nctions were those which,
upon Llle lauus an't tenements or chattels of in the seve ral states, are perfor m ed by "COUD­
the deLlar. Cowell. ty commissioners." "overseers of the poor,"
Ucounty su pervisors," and similar bodies
LEVATO VELO. Lat. An expression
used ir, theUoman law, anel applied. to the trial
with otber deSignations. 2 Wall. 507.

of wrl:Ck and salvage. Commentators disa

.. LEVYING WAR. In criminal law.
gree about the origin of the expression ; but all The assembling of a body of men for the pur­
agree that its general meaning is tllat these pose of effecting by force a tre ruJonabl e ob­
causes sball be heard summarily. The mos t ject; and all who perfurm any pari;., however
probable solution is that it refers to the place minute, or however remute from the scene
wlll'fe causes wert:' beard. A sail was spread of action, and who are leagued in the general
befol'e the cJoor Rnd officers em ployed to keep conspiracy, are considered as engagell in lev�
strangers from the tribunal. 'Vhen these ying war, within the meaning of the consti­
C<\lIses were heard, this sail was raised, and tution. 4 Crunch, 473, 474; Canst. art. 8,
suitors came directly to the court, and their § S.
callses were heard immediately. As applied
L E W D N E S S. Licentiousness; an of.
to maritime courts, its meaning is that
fense against the public ecoDomy. when of
cau�es should be beard without delay. These
an open and notal'ious character ; as by fr�
causes requil'e dispatch . and a delay amounts
quenting houses of ill fame, which is an in­
practically to a denial of jnstice. (See Ccd. d ictable offense. or by some grossly scandal.
11. 4, 5. ) Bouvier.
OllS and public indecency, for which the pun­
LEVIABLE. That whicb may be levied. iBllment at common law is fine aud imprison·
ment. \Vharton.
LEVIR. In Roman law. A husband's
brother; a wife's brot.her-in-Iaw. Calvin. LEX. Lat. Lawj a law; th e law. In
tb e Roman ju risprudence this term was often
LEVIS. Lat. LIght; slight; trifling. used as the synonym of "jU!l. It in the sense
L�is culpa. slight fault or neglect. Levis­ of a rule of civil conduct authoritatively pre­
nma culpa, the slightest neglect . Levis scribed for the government of the actions of
nota, 8 slight mark 01' brand. the members of an organized jural society.
In a more Hmited and particular sense, it
LEVITIqAL DEGREES. Degrees ot
was a resolution adopted by the whole Roman
kindred within which persons are prohibIted
44popu.lus*' (patriCians and plebisns) in the
to marry. They are set forth in the eight­
camitia, on the motion of a magistrate of
eenth chapter of Leviticus.
Itmatorial rank, as a consul, a pr-..etor, or a
LEVY, o. To raise; execute; exact; col· dictator. Such a statute frequen tly took �be
leet; gather; take up; seize. Thus, to Ie,.,. name of the proposer j 01.'1. t.he le:t Falcidia. M
(raise or coll ect) a tax ; to levy (raise or set lex COl'nelill etc.
 LEX 708 LEX BENEFICIALIS, ETC.

Other 8pecific meanings of the word 1n Ro­ Lex Angl im nunquam matris sed sem­
man jurisprudence were 8S follows: per patris conditionem Imitari partum
Positive law, as opposed to natural. judieat. Co. Litt. 123. The law of England
That system of law which descended from rules that the offspring shall always follow
the Twelve Tables, and formed the basis ot. the condition of the father, never that of the
�ll the Roman law. mother.
The terms of a private coyenant;
. the con�
dition of an obligation. Lex Anglim nunqua.m s ine parliamen·
..A. form of words pr.escribed to be used upon t o mutari potea t. 2 lnst. 218. The law of
particular occasions. England cannot be changed but by pOlUS­
In the language of the middle ages, ulw" ment.
meant a body or collection ot law i not a
LEX APOSTATA. A thing contrary to
" code,)I in the proper sense of. that term.
law. Jacob.
Mackeld. Rom. Law, § 98,
In old English law. A body or collec­ LEX APPARENS. In old English and
tion of law; particularly, the Roman or civil Norman law. Apparent or manifest law.
law. Also the oath of a party with compur­ A term used to denote the trial by battal or
gators : as legem facere, legem vadian, etc. duel, and the trial by ordeal , "le.v" having
Sometimes in the sense of legal rights; civil the sense of process of law. Called "appar.
rights ; the protection of the law; as in the ent" because the plaintiff was obliged to
phrase II legem, amittere. " make his right clear by the testimony ot wit­
nesses , before he could obtain an order from
LEX lELIA SENTIA. In Roman law.
the court to summon the defendant. Spel.
The lElian Sentian law. respecting wills,
' man.
proposed by the consuls lElius and tientius,
and passed A. U. C. 756. restraining a master LEX AQUILlA. In Roman law. The
from manumitting his slaves in cel'tain cases. Aquilian law; a celebrated Jaw passed on the
Calvin. proposition of the tribune C. Aquiliua Gallus,
Lex: requitate ga.udet. Law delights in A. U. C. 672, regulating the compensation to
equity. Jenk. Cent. p. 86, ca,e 69. be made for that kind of damage called "in·
jurious," in the cases of killing or wounding
LEX AGRARIA. In Roman law. The
the slave or beast of another. Inst. 4. 3;
agrarian law. A law proposed by Tiberius
Calvin.
Gracchus, A. U. C. 620. that no one sbonld
possess more than five hundred acres of land j LEX ATILIA. The Atilian law; a law
and that three commissioners should be ap­ of Rome proposed by the tribune L. Atilius
pOinted to divide among the poorer people Regulus, A. U. C. 443, regulating the ap­
what any one had above that extent. pointment of guardians.

LEX ALAMANNORUM. The law of LEX ATINIA. In Roman law. The

the Alemaoni; first reduced to writing from Atinian Jaw; a law declaring that the prop­
the customs of the country, by Tlleodoric. erty in things stolen should not be acquil'ed
king of tbe Franks, A. D. 512. Amended by prescription. (usucapione.) lnst. 2 , 6, 2j
and re-enacted by Clotaire II. Spelman. Adams, Rom. Ant. 207.
Lex aliquando sequitur requitatem.
LEX BAIUVARIORUM, (BAIORIO·
Law sometimes follows equity. 3 Wils. 119.
RUM, or BOIORUM.) The law of the
LEX AMISSA. On., who i. an infa· Bavarians, a barbaro us nation of Europe,
mous, perjured, or outlawed person. Bract. first collected (together wiLb the law of the
lib. 4, c. 19. Franks and Alemanni) by Tlieodoric I .• and
finally completed and promulgated by Dago.
LEX ANGLllE. The law of England.
bert. Spelman.
The common law. Or, the curtesy of Eng­
land. LEX BARBARA. The barbarian law.
Lex Anglim est lex misericordire. 2 The laws of those nations that were not BU\).
Inst. S15. The law of England is a law of ject to the Roman empire were so called.
mercy_ Spelman.

Lex Anglim non patitur absurdum. 9 Lex beneflcialis rei oonslmili reme­
Coke, 22a. The law of England does not dium prrestat, 2 Inst. 689. A beneficial
suffer Rn absurdit,r. law affords a remedy for a similar ca.se.
 LEX BltEHONIA 709 LEX ET CONSUETUDO REGNI

L E X BREHONIA. The Brehon or Lex de futuro, judex de prreterito.

Irish law. overthrown by King John. See The law provides for the fut-ure. the judge
BBEHON Llw. for the past.

LEX BRETOISE. The law of the an­ Lex deflcera non potest in justitia
o1ent Britons. or Marches of Wales. Cowell. exhibenda. Co. Litt. 197. The law can­
not be defective in dispensing j ustice.
LEX BURGUNDIONUM. The law of
LEX DERAISNIA. The proof of a
the Burgundians, a bal'barous nation of Eu­
thing which ODe denies to be done by him,
rope, first compiled and published by Glinde­
where another affirms it; defeating the as­
bald, one of the last of their kings, about A.
sertion of bis adversary, and showing it be
D. WO. Spelman.
against reason or probability. This was used
Lex citina tolers1"8 vult privatum among the old Romans, as well 88 the Nor­
damnum quam publicum malum. The maDS. Cowell.
law will more readily tolerate a private loss
Lex dllationes semper exhorret. 2
Ihan a public evil. Co. Litt. 152.
Inst. 240. The law always abhor. delay•.
LEX COMITATUS. The law of the
LEX DOMICILII. The law of the dom­
county, or that administered in the county
icile. 2 Kent. Comm. 112. 433.
eourt before the earl or his deputy. Spel­
man. Lex est ab reterno. Law is from ever­
lasting. A strong expression to denote the
LEX COMMISSORIA. In Roman law. remote antiquity of the law. Jenk. Cent.
A law by which a debtor and creditor might p. 34. case 66.
agree (where a thing had been pledged to the
Lex est dictamen rstionis. Law is the
latter to .ecure the debt) that, if the dehtor
dictate of reason. Jenk. Cent. p . 117, case
did not pay at the day. the pledge should be­
33. The common law will j udge according
come the absolute property of the creditor.
2 Kent. Comm. 583. This was abolished by to the law of nature and the public good.
I law of Constantine. Lex est norma reoti. Law is a rule of
A law according to which a seller might right. Branch, Prine •

•tipulate that. if the price of the thing sold

Lex est ratio summa, qum jubet qUa!!
were not paid wi�hin a certain time, the lIale
Bunt utllia et necessaria, at contraria
Ihould be void. Dig. 18. 3.
prohibet. Law is the perfection of reason,
LEX COMMUNIS. The common law. which commands what is useful and neces­
See Jus CoMMUNE. sary, and forbids the contrary. Co. Litt.
319b; Id. 97b.
Lex contra id quod prresumit, proba­
tionem non recipit. The law admits no Lex est aanctio Bancta, jubens ho­
proof against that which it presumes. Lofft, nesta, et prohibens contraria. La w is a
673. sacred sanction, commanding what is right,
and prohibiting the contrary. 2 Inst. 587.
LEX CORNELIA. In Roman law.
The Cornelian law; a law passed by the dic­ Lex est tutissima cassis ; Bub clypeo
tator L. Cornelius Sylla. providiug remedies legiS nemo decipitur. Law is the safest
for certain injuries, as for battery, forcible helmet; under the shield of the law no one il
entry of another's bouse, etc. Calvin. deceived. 2 lnst. 56.

LEX CORNELIA DE FALSO. In LEX ET CONSUETUDO PARLIA­

Boman law. The Cornelian law rellpecting MENTI. Tbe law and cilstom (or usage) of
forgery or counterfeiting. Passed by the parliament. The houses of parliament con­
dictator Syila. Dig 48. 10; Calvin.
.
stitute a court not only of legislation, but
also of justice. and have their own rules, by
LEX CORNELIA DE SICARIIS ET which the court itself aod .the suitors therein
VENEFICIS. In Roman law. The Cor­ are governed. May, Par}. Pro (6th Ed.)
nelian law respecting assassins and poison­ 38-61.
ers. Passed by the dictator Sylla. Dig. 48.
L E X ET CONSUETUDO REGNI.
8; Calvin.
The law and custom of the realm. One of
LEX DANORUM. The law of the tbe names of the common law. Hale, Com. M
Danes; Dane-law or Dane-lage. Spelman. Law. 52.
 LEX FALCIDIA 710 LEX LONGOBARDORUM

LEX FALCIDIA. In Roman law. The owner's in terven tion . 4 Steph. Comm. (7th
Falcidian law ; a law passed on the motion Ed.) 118.
ot the tribune P. Falcidius. A... U. C. 713, for·
LEX IMPERATO RIA. The Imperial
bidding a testator to give more in legacies
or Roman law. Quoted under th i s name, by
than three-fourths of all his eslate. or. in
otlwJ' words. requiring him to leave at least
Fleta, Jib. 1, c. 38 . § 15; Id. Jib. 3. c. 10.

olle-fourth to the heir. lnst. 2, 22; Heinecc.

§ 3.
Elem. Jib. 2, tit. 22. Lex intendit vicinum vicini facta.
scire. The law intends [or presumes] that
Lex favet doti. Jenk. Cent. SO. Tile
one neighbor knows what another neighbor
law fl
�-"ors dower.
doe.. Co. Litt. 78b.
Lex llngit ubi Bubsist.it mquitas . 11
Lex j udicat de rebus necessario fa­
Coke, 90. Tho In w makes use ot a fiction
ciendis quasi ra ipsa. factis. The law
where equity subsists.
judges of t.hings which must necessarily be
LEX FORI. The law of tbe forum. or done as if actually done. Branch, Prine.
courti that is, the positive law of the slate. LEX JUDICIALIS. An ordeal.
country, or jUl'isdictiou oC wbose judiCial
LEX JULIA MAJESTATIS. In ROo
system the court where the suit is brought
man Ia.w. The JUlian law of majesty ; a law
or remedy sO llgh t is an integral part.
promulgated by JuliUS Creaar, and again pub­
"Remedies upon contracts and their inoidents
are regulated and pursued according to the law of lished with additio ns by Augustus, compre­
tbo place where the action is instituted, and the hending all the la ws before enacted to punish
lex loci has no application. 71 2 Kent, Comm. 402. transgressors against the Bt�\te. Cal yin.
"The remedies al'e to be governed by tho laws of
the country where the suit is brought i or, as It is LEX LOCI. The law of the placo. Tbl.
compendiously expressed, by tbe lex fort... S Pet. may be of the following several descri ptions:
aGI, 372. "So far as the law affects the remedy,
Lex loci contractus, �he law of the place
the 1,ex!O'ri. the law of the place where that rem�
edr is sought, must govern. But, so far as the law where the contr<lct was made or to be ptr­
of the construction, the legal operation a.nd effect, formed; le::v loci actlt.8, the law of the place
of the con tract, is concerned, it Is governed by the where the act was done; ltJaJ loci rei sUa. the
law of the place where the contract is made. "
la w of the pl ace where the su bject.-matter
" Mete. (Ma.ss.) 594, 597. See LEX Lool CON'I'JU.C·
TUS.
Is 8ituated ; lex loci domicilii. the law of the
place of domicile.
LEX FRANCORUM. The law of the
LEX LOCI CONTRACTUS. Tho law
Franks; promulgated by Theodoric 1., son
of the pl ace of the contract. The local law
of Clovis 1 . . at the salUe time with the law
wllich governs as to the nature. construction.
o( the Alemanni Rnd Bavarians. Spelman.
and val id ity of a contract.
This was a different collection from the Salic
l aw . LEX LOCI DELICTUS. The Jaw o!
the place where the crime took place.
LEX FRISIONUM. The law of tho
FriSians, promulgated about the middle ot LEX LOCI REI SITE. The law o!
the eighth cent.ury. Spelman. the place where a thing is situated. .. It is
equally settled in the law of all civili7.ed
LEX FURIA CANINIA. In Roman countries that. real properLy. as to its tenure.
law. Tbe Furian Caninian law; a law passed
mode of enjoy mellt, transfer. and descent, is
in the consulship of P. Furius Camillus and to be regulated by the le:o lool ret dta." 2
C. Canini lls GallUS, A. U. C. 752. prohibiting Kent, Comm. 429.
masters from manumitting by will more Lhan
a certain n umber or proportion of their LEX LOCI SOLUTIONIS. The law
slavflS. This law was abrogated by Just.in­ of the place of solution; the law of the place
ian. lo st . 1, 7; Heinecc. Ekm. lib. 1, where payment or perform ance of a cont ract
tit. 7. 18 to be made.

LEX LONGOBARDORUM. The Jaw

LEX GOTmCA. T he GotWc law. o r
of the Lombards. Tile name of an ancient
Jaw o f tho Goth.. First promulgated I n
code of laws aUlong that people, framed, prob­
writing, A. D. 466. Spelman.
ably, between the fifth and eighth centu des.
LEX HOSTILIA DE FURTIS. A It continued in force after tbe in corporation
BIJman law, which provided th at a prosecu­ of Lcmbardy into the empire of Charlemagne,
tion for theft might be carried on w ithou t the and traces of its laws and inst1tutions are
 LEX MANIFESTA 711 LEX REGIA

laid to be still discoverable in some parts ot Lex non intendit aliquid 1mpossibUe.
Italy. The law does not intend anything impossi.
ble. 12 Coke, 89a. For otherwise tbe law
LEX MANIFESTA. Man ife.t or open
should not be of any effect.
law; the trial by duel or ordeal. The same
with l@ apparens, (g. '0.) In King John 's Lex non patitnr fractiones et divisi·
charter (cbapter 38) and the articles of th at ones statuum. The law does not 8ufter
cbarter (cbapter 28) the word " manifestam" fract ion s and div isions of es tatee. Branch,
Ia omitted. Princ,; 1 Coke, 87a.
LEX MERCATORIA. T he law-mer­ Lex non pl'oocipit inutilia., quia inu·
chant. Tlmt systpm of laws which is adopt­ tilis labor stultus . Co. Litt. 197. Tbe
ed by all commercial nations. and c onstit u tes law commands not useless things, because
• part of the law of the land. useless labor is foolish .

Lex necessitatis est lex temporis ; 1. e., Lex non requll'it verificari quod ap.
instantis. The law of n ec essity is the law paret curile. The law does not require that
of the time; tbat is. of the instant, or pres· to be verified [or proved] which is apparent
ent moment. Hob. 159. to the cour t. 9 Coke, 546.
Lex neminem cogit ad vana Beu in.. LEX NON SCRIPTA. The unwritten
utilia peragenda. The law compels no one or common law, which includes general and
to do vain or useless thin gs . 5 Coke , 21a,­ particular c us toms, and particular local law8.
Co. Litt. 197b,. Broom, Max. 252.
LEX ORDINANDI. The aam. as /"",
Lex neminem cogit ostendere quod fori, (g. �.)
neseil'e prresumitur. LotIt. 569. The
LEX PAPIA POPP1E:A. In Roman
law compels no one to show that which he is
Inw. The Pnpian P opprean law ; a Inw pro­
presu med not to k now .
posed by the cons uls Papilla and Poppreus at
Lex nemini facit injuriam. The law the desire ot A ug ustu s. A. U. C. 762, enlarg­
does injury to no ono. Branch, Prine. ing tlle Lc:IJ Pratoria, (q.1'.) Inst. 3, 8, 2.
Lex nemini operatur iniquum. The Lex plus laudatur quando ratione pro­
law works in justice to n o one. Jank. Ce nt. batur. The law is the more praised when
p. IS, ca•• 33. it is approved by reason. Broom, Max. 159.
Lex nil facit frustra. The law does Lex posterior derogat priori. A later
nothi ng in vain . 1 Ventr. 417; Jenk. Cent. statute takes away the effect of a prior one.
p. 12, case 19 j Br oom, Max. 252. But the later statute must either expressly

Lex nil frustra jubet. The law com­ repeal. or be m anifestly repugnant to, the
mands notbing vainly. 3 Buist. 2S0. earlier one: Broom, Max. 29; Mackeld.
Rom. Law, § 7.
Lex non a. rege est violanda.. Jenk.
Cent. 7. The law is not to be violated by LEX PR1E:TORIA. In Roman law .
the king. The Prretorian law, A law by which every
freedman who made a will was commanded
Lex non cogit ad impossibilia. The
to leave a moiety Lo bis patl'on. lnst.3, 8, 1.
law does not com pel the doillg of im possi­ The term has been applied to the rules that
billties. Hob. 96; Broom, M ax . 242. govern in a court of equity. Gilb. Ch. pt. 2.
Lex non curat de minimis. Hob. 88. Lex prospicit, non respicit. Jenk.
The law cares not abou t trifles.
Cent. 284. The law looks forward, not back·
Lex non deficit in justitia exhibenda. ward.
The law does not fail in showing j ustice.
Lex punit mendaclum. The law pun·
Jenk. Cent. p. 31, cas e 61. wbee falsehood. Jenk. Cent. p. 15. case 26.
Lex non exacte deftnit, Bed arbitrio
LEX REGIA. In Rom an law . T be
boni viri permittit. T he law does not de­
royal or imperial law. A law enacted (or
fine exactly, but trusts i n the judgment of a
s upp osed or claimed to have been enacted ) by
good man. 9 Mass. 475.
the !loman people. constituting the emperor
Lex non favet delicatorum votis. The a source of law. conferring the legislative
law favors not the wishes of the dainty. 9 power upon him. and acc ording the force and M
Il<>ke. 5S; Broom. Max. 379. obligation of law to.') the exp ression of hi�
 LEX REI SITlE 712 LEX WALLENSYl,A

nere wUl or pleasure. 2, 6;

See lost. 1, day that, in cases where there is DO precedent
Jaic8, 1 , 5; Mackeld. Rom. Law. § 46; of the English courts. the civil law is alway.
'1einecc . Rom. Ant. !. 1. tit. 2, §§ 62-67 ; 1 heard witll respect, and often, though not
irent, Co ro m. 544, note. necessarily, followed. 'VbarLo.o,

LEX REI SITE. The law of the place . Lex Bempe� dabit remedium. The la'll
)f situation of the thing. will always g ive a remedy. Branch. Princi
Broom . Max. 192.
Lex rejicit superflua, pugnantia, in­
Lex semper intendit quod nonvenU
congrua. Jenk. Cent. 183. The law re­
rationi. Co. Litt. 78b. The law always in.
jects superfl uous, contradi ctory, and incon ­

tends what is ag reeable to reason.

gruous th ings.
Lex reprobat moram. Jenk. Cent. 35. LEX SITUS. ·Modern law Latin for
The la w dislikes delay. "the law of the place where property is situ­
ated. " The general rule is that lands and
Lex. respicit requitatem. Co. Lltt. 24b. other immovables are governed by the l@
The law pays regard to equity. situs,. i. e., by the law of the country in
which they are situated. West!. Priv. Int.
LEX RHODIA. The Rhoclian law . par ­

ticularly the fragment of it on the subject of

Law, 62.
jettison. (de jactu,) preserved in the Pan. Lex spectat naturm ordinem. The law
dects. Dig. 14. 2. 1 ; 3 Kent. Comm. 232. regards the order of nature. Co. Litt. 197b.
233.
Lex succurrit ignoranti. Jenk. Cent.
LEX BACRAMENTALIB. Purgatton 15. The law assist. tbe ignorant.
by oath.
Lax succurrit minoribus. The law aldJ
LEX SALICA. The SoUe law. or law minors. Jenk. Cent. p. 51, case 97.
of the Salian Franks, a Teutonic race who
settled in Gaul in the fifth cen tury. This LEX TALIONIS. The law of retalia·

ancient code, said to have been compiled tion; which requires the inflIction upon 8

ahont the year 420, embraced the laws and wrongdo er of the same injury which he has

customs of that people, and is of great his.. cau sed to another. Expressed in the Mosaic

torical value, in connection with the origins law by the formula, "an eye for an eyei iJ

of feuda.lism and similar 8ub jects . Its most tooth for a tooth , :t etc. In modern interna·

celebrated provision was one which excluded
women from the i n iJeritance of landed �
tates, by an extension of w h ich law females
were always excluded from succession
tional law, the term describes the rule by
wh ich one state may inflict upon the citlzens
of another state death. imprisonment , or otb·
to er hardship, in retaliation for similar inj uries

tbe crOWD of France. Hence this pro­ imposed upon its o wn citi zens.

vision, by itself, 1s often referred to as the

LEX TERRlE. Tbe law of the land.
"Sallc Law . " The common law, or the due course of the

LEX SCRIPTA. W ritten law; law de­ cornman law; the general law of the land

riving its torce, not from usage, but from ex­ Bract. fol. 17b. Equiv al ent to "due process

press legislntive enactment; statute law. 1 of law."

BI. Comm. 62. 85. In the strictest sense, trial by oath ; tbf
privilege of mak ing oath. Bracton uses the
Lex scripta si cesset, id oustodiri phrase to denote a freeman '8 privi lege of be­
oportet quod moribus et oonsuetudine ing sworn In court as a juror or witness,
inductum est ; et, si qua. in re hoa which jurors convicted of perjury forfeited,
defecerit, tunc Id quod proximum et (legem terra: amittant.) Bract. fol. 292b.
consequans ai est ; at, al Id non appa.r..
eat, tunc jus quo urbs Romana utitur Lex uno ore omnes alloquitur. The
servari oportet. 7 Coke, 19. If the writ­ law addresses all with one [the same] moutb
ten law be silent, that which is drawn from or voIce. 2 lnst. 184.
manners and custom ought to be observed ;,
Lex vigilantlbus, non dormientibus.
and, if that is in any manner defective, then
subvenit. Law assists the wakeful, not the
that which is next and analogous to it; and, if
Sleeping. 1 Story. Cont. § 529.
that does not appear, then the law which
Rome uses should be followed. Tbis maxim LEX WALLENSICA. The Weish law.
of Lord Coke is so far followed at the present the law of Wales. lllou nt .
 LEX WISIGOTHORUM
LEX WlSIGOTHORUM. The law of
tbe V18Jgoths, or Western Goths who settled
In Spain; first reduced to writing A. D. 466.
A revision of these la WB was made by Egigas.
Spelman.
LEY, In Spanish law. A law j the law ;
1111' In Ibe abstract.
LEY CIVILE. In old English law.
The civil or Roman law. Yearb. H. 8 Edw.
Ill. 42. Otherwise termed II ley e8cripte,"
lb. written law. Yearb. 10 Edw. III. 24.
LEY GAGER. L. Fr. Law wager;
wager ar law; the giving of gage or security
by a defendant that he would make or perfect
bl. law at a certain day. Litt. § 514; Co.
UtI. 294b. 2954.
LEYES DE ESTILO. In Spanlsb law.
A collection of laws, usually published as an
appendix: to the Fuoro Honl; treating of the
mode of conducting suits, prosecuting them
k» judgment. and entering appeals. Scbm.
Civil Law. Introd. 74.
LEZE·MAJESTY. An offen•• against
sovereign power; treason; rebellion.
Th e state of being bound
LIABILITY.
or obliged in law or justice to do. pay. or
make good something; legal responsibility.
86 Iowa. 226; 36 N. J. Law. 145; 57 Cal. 209.
LIABLE. 1. Bound or obliged in la w or
tquity; responsible, chargeable; answerable;
compellable to malte satisfaction, compensa­
tion, or restitution.
2. Exposed or subject to 8 given contin­
gency, risk , or casualty, wWch i8 more or less
probable.
LIARD. A farthing.
LIBEL, tI. In admiralty practice. To pr()'"
teed. against, by filing a libelj to seize under
admiralty process,at the commencement of a
Butt. Also to defame or inj ure a person's
reputation by a published writing.
LIBEL, B. In practice. The
initiatory
pleading on the part of the plaintiff or com�
plalnant in an admiralty or ecclesiastical
cause, corresponding to t.he declaration, bill,
or complaint.
In the Scotch law it i. the form of the
complaint or ground of the charge on which
either a civil aCtiOD or criminal prosecution
takes place. Bell.
In torts. That which is written or
printed, and published, calculated to injure
the characler of another by bringing him into
713 ..IBELEE
ridicule, hatred, or contempt. 15 Mees. "
W. 344.
Libel is a false and unprivileged publica­
tion by writing, printing, picture, effigy, or
olher fixed representation to the eye which
expos(>s nny person to hatred, contempt, ridl.
cule, or obloquy, or which causes him to be
shunned or avoided, or which has a tendency
to injure bim in his occupation. Ci v il Code
Cal. § 45.
libel is a false aod malicious defamation
A.
at another, expressed in print or writing or
pictures or Signs, tending to injure the repu­
tation of an individual, and exposing him to
public hatred, contempt, or ridicule. The
publication of the libelous matter is essenti'\l
to recovery. Co<l. Ga. 1882. § 2974.
A libel is a malicious defamation. expressed
either by writing. printing, or by signs or
pictures, or the like, tending to blacken the
m·emory of one who is dead, or to impeach
the honesty, integrity. virtue, or reputation.
or publish the natural or alleged defects, at
one who is alive. and thereby to expose him
to public hatred, contempt, or ridicule. Pen.
Code Cal. § 248; Rev. Cod. Iowa 1880.
§ 4097; Bac. Abr. tit. "Libel;" 1 HaWk. P.
C. 1. 73. § 1 ; 4 Mas •• 163; 2 Pick. 113; 25
Wend. 198; 7 Cow. 613.
A libel is a censorious or ridiculing writing,
picture, or sign made with a mischievous intent.
4 McCord, 317; 3 Johns. Cas. 854; 9 Johns. 915;
5 Bin. S40; 6S Me. 295.
by publication the tendenoy of which Is to de
grade or injure another person, or to bring him in­
to contempt, ridicule, or hatred, or which IlCCUS81
him of a crime punishable by law, or ot an ad
odious and disgraceful in society, is a libel. 4-
MasoD, 115; S How. 266, 291.
A Ubel Is a. publicat.iou, without justification or
lawful excuse, of words calculated to injure the
reputation of another, and expose him to hatred or
contempt. 5 Biss. 830.
Everything, written or printed, which re­
flects on the character of another, and is pub­
lished without la wful justi fication or excuse,
is a libel. whatever the intention may have
been. 15 Mees. & W. 435.
LIBEL OF ACCUSATION. In
Scotch law. The instrument which COD­
tains the charge against a pel'SOIl accllsed
of a crime. Libels are of two kinds, name­
ly, indictments and criminal letters.
LIBELANT. The complainant or partr
who files a libel in an ecclesiastical or admi­
ralty case, corrpsponding to the plaintiff in
actions at law.
LIBELEE. A party against whom a
Jibel hlls been filed in an ecclesiastical court M
or in admiralty.
 LIBELLUS 714 LIBERA LEX

LIBELLUS. Lat. In the civil law. A LIBER HOMO. A. free man; a freeman
little book . Li bellu,s suppZex, a petition , es­ lawfully competent to act as juror. Ld.
p eci al ly to tbe ompcror. all petitions to whom R aym . 417; Keul. 563.
must be in writi n g. Libellum rescribere, to A n al l od i al proprietor. as distinguished
mark on such petition the answer to it. Li· from a vassal or feuda�ory. This was the
bellum age1'e. to assist or counspl the empe­ sense of the term in the laws of the barbarolJl
ror in n· gard to such pe tJt oDs . r Libellu8 nations of Europe.
accusaiori'u,8. an informat:l.on and accusa­
LIBER JUDICIALIS OF ALFRED.
tion or & crime. Libellus diDortii. a writing
Alfred 's dODle.uook. See DOMF.8DAY.
of divorce mi?'ut. Libell'l.LS Tel1l.m. an inven­
tory. Calvin. LilJf'Uus or oratio con.«ultoria, LIBER JUDICIARUM. The book 01
a mess:Jge by which emperors laid matters jUdglDf'llt. or doom-book. The Saxon Dom·
before the sen ate. Id. boc. Conjectured to be a book of statut.es ot
A wrH,ing i n which are cont ni neJ the names an cient Saxon kings.
of the plai n ti ff (actor) and defendant. ( reus, )
LIBER NIGER. Dlack book. A nam.
the thing sought. the right relied upon, aud
gi ven to several ancient records.
name of the tribunal before which the action
is brought. Calvin. LIBER NIGER DOMUS REGIS, (th.
In feudal law. An instrument at alien­ black book of the ki D g S household. )
' Th.
ation or conveyance, as of a. fi ef, or a partof.it. title of a book i n which there is an account
of the household esLaulishruent of Ki ng Ed·
LIBELLUS CONVENTIONIS. In the ward I V., and of the several m usicia ns l'e.
civil law. The s tate ment of a plainti ff s claim
'
tai n ed in his service. as well for his pri·
in a petition presented to the magistrate, vat.e amu sement a8 for the service in his
who directed an officer to deliver it to the de-­ chapel. Ene. Lond.
fendant.
LIBER NIGER SCACCARII. Th.
LIBELLUS FAMOSUS. In the civil black book of the exchequer, attributed to
law. A defamatory publi cation ; a publica­ Gervase of Tilbury. 1 Heeve. Eng. Law,
tion injuriously affec ting charactt'rj 3 libel. 220, note.
InBt. 4, 4, 1; Dig. 47, 10 ; Cod. 9, 36.
LIBER RUBER SCACCARII. Th.
LIBELOUS. Defamatory ; of tbe nature red book of the exchequer. "1 Reeve, Eng.
ot a l ibel ; constHuting or in volving libel. Law, 220. note.

LIBER. Lat. A book, of whate\'er ma­ LIB ERA. A livery or delivery of I.

terial composed ; a main di vision of a liter­ much corn or grass to a customary tenant,
ary work. Also, as an adjective. free or who cut down or prepared the said grass or
exempt. corn, and received 80rne part or small portion
of i t as a reward or gratuity . Cowell.
L I B E R ASSISARUM. The Book of
Assizes. A collection of cases that arose on LIBERA BATELLA. In old recordl.
&Bsizes and other trials in the cou ntry. It A free boat; tl1e right of having a boat +.0
was the fourth volume of: the reports of the fish i n a certain water; a species of free
reign of Edward Ill. 3 Reeve, Eng. Law, fishel'Y·
148. LIBERA CHASEA HABENDA. A
LIBER BANCUS. In old English law. j udicial writ gran ted to a person for a free
Free bench. Bract. fol. 97lJ. chase beJonging to his manor after proof
made by in q u i ry of a j u ry that the same of
LIBER ET LEGALIS HOMO. In old right belongs to him. Wh arton .
English law. A tree and lawful m an. A
tel'm applied to a juror. from the earliest pe­ LIBERA ELEEMOSYNA. In old En­
glisb law. Free alms; frankalmoigne. Bract.
riod.
fol. 27b.
L I B E R FEUDORUM. The book of
LIBERA FALDA'. In old Engliob I.w_
feuds. This was R compilation of feudal
Fri:lnk fold ; free fold ; free foldage. 1 Leon.
hlW, prepared by order of the emperor Fred­
11.
erjck I.. and published at Milan in 1170. It
comprised five books , of which ouly the first LI BERA L E X. In old English law.
two are now extant with fragmentary por· Free law; frank Jawj the law of the land.
tions of the others. The law enjoyed by frce and lawful men, as
 LIBERA PISCARIA 715 L IBERTIE S

distingu1.shed from such men �1S bave lost the who was bound becomes free or liberatoo.
benefit and protection ot the law in conse­ Wolff. lnst. Nat. § 749. Synonymo us with
quence of crime. Hence this term denoted "payment." Dig. 50, 16. 47.
the siatlt.S of a man who stood guiltless be­
LIBERI. In Saxon law. Freemen;
fore the law, and was free. in the sense of be­
the possessors of allodial lands. 1 Reeve,
ing entitled to its full protection and ben�fit.
Eng. Law, b.
AmiUere libel'am legem (to lose one's free
In the civil law. Children. The term
law) was to tall from that statu.s by crime or
Infamy. Se. Co. Litt 94b. included " grandcbildren. ..
.

LIBERTAS. Liberty; freedom ; a privi­

LIBERA PISCARIA. I n old Engllsb
law. A free fishery. Co. Lilt. 122a.
LIBERA WARRENA. In old Englisb
law. Free warren, (g. 'D. )
LIBERAM LEGEM AMITTERE.
lose one's free law. (called the villainous j udg­
ment.) to become discredited or disabled as
juror and witness. to forfeit goods und chat­
tels and lands for life. to bave those lands
wasted. houses razed. trees rooted uP. and
one's body committed to prison. It was an­
ciently pronounced against conspirators. bu t
18 now lIisused, the punishment subst.ituted
being fine and imprisonment. Hawk. P. C.
61, Co lxxii., s. 9; 8 lnst. 221.
LIBERARE. In the civil law.
or aet free; to li berate ; to give one h is liber·
ty. Cal vin.
In old English law. To deliver, trans-
1er, or hand over. Applied to writs, panels
or jurors. etc. Bract. fols. 116. 176b.
Liberata peounia non liberat
entem. Co. Lttt. 207. Money being re­
stored does not set free the party offering.
LIBERATE. In old English pruetlee.
An original writ issUlng out of chancery to
the treasurer. chamberlains. and barons of
the excheq uer. for the payment of any annual
pension. or other sum. Reg. Orig. H13;
Cowell.
A writ Issued to a sheriff, for the delivery
of .my lands or goods taken upon forfeits of
recognizance. 4 Col�e. 64b.
A writ issued to a gaoler, for the delivery
of a prisoner that had put in bail for his aP'"'
pearance. Cowell.
LIBERATIO. In old English
Livery; money paid tor tbedeU ve ry or use of
• thing.
In old Scotch la.w. Livery; a fee given
lege; a franchise.
LIBERTAS E C C L E S I A S T I C A.
Church liberty. or ecclesiastical hnmuniLy.
Libertas est na.turalis faculta.s ejus
To
quod cuique facere tibet. nisi quod de
jure aut vi prohibetur. Co. Lit t. 116.
Liberty is that natural faculty which permits
every one to do a nythi ng he pleases except
that which is restrained by law or force.
Libertas inestimabilia res est. Li})..
erty is an inestimable thing; a thing above
price. Dig. 50, 17, 106.
LibertaB non recipit oostimatlonem.
Freedom does not admit of valuation. Bract.
To tree fol. 14.
Libertas omnibus rebus favorabilior
est. Liberty i. more favored than aU things.
[anyLhing.] Dig. 50. 17. 122.
Libertates rega.les ad coronam spec...
tantes ex concessione regum a. coronl
offer· exierunt. 2 lnst . 496. Ro.val franchises
relating to the crown have emanated from
the crown by grant of kings.
LIBERTATIBUS ALLOCANDIS. A
writ lying for a ciLizen or burgess, i mplead·
ed contrary to bis liberty, to have bis privi.
Jege allowed. Reg. Orig. 262.
LIBERTATIBUS EXIGENDIS IN
ITINERE. An ancient writ whereby the
kin g commanded the jUtStJces in eyre Lo ad.
mit of an attorney for the defense of anoth·
er's liberty. Reg. Orig. 19.
LIBERTI. LIBERTINI. In Roman
law. Freedmen. There seems to have l>een
law.
some diJference i n the use of these two words;
the former denoting the manum itted slaves
considered in tbeir relations with their for­
mer master. who was now called their "pa­
tron ; the latter term descri b ing the statUI
"

to a servant or officer. Skene.

of the same persons in the general social
Money. meat, drink. clothtls, etc., yearly
economy of Rome.
given and delivered by the lord to his do­
mestic servants. Blount. LIBERTICIDE. .A. destroyer of li berty .

LIBERATION. In the civil law. The LIBERTIES. Pri vil eged districts ex- M
extlnguishment ot a co ntract by which he
, empt {rom the sheriff's jurisdiction.
 LIBERTINUM. ETC. 716 LIBERUM SERVlTlUM

Libertinum ingratum leges civilas in sense, the term. is commonly used in the plu·
pristinam servitutem red1gunt ; sed le­ of the city, " tbe north­
ral; as .. tlle liberties II

ges Anglim semel manumissum semper ern liberties of Philadelphia."

liberum jU dic ant. Litt. 137. The ci vil
Co.
laws reduce an ungrateful freedman to bis LIBERTY OF SPEECH. Freed om RC­
origin al slavery ; but the laws of Englan d corded by the constitution or laws of a state
J.·egard a ma.n once manumitted as ever after to express opi nio ns ' and facts by word ot
free. mouth, u ncon trolled by any censorship or re­
strictions of government.
LIBERTY. 1. Freedom ; exemption from
extraneous control. The power of the will, LIBERTY OF THE PRESS. The right
in its moral freedom. to follow the dictates to p rint and
publish the truth, from good
of its un restricted choice, and to direct the motives and for j ustifiable ends. 3 Johns.
external acts of the individual without re­ Cas. 394. The right freely to publish what­
straint, coercion, or control from other POl'- ever the citizen may please. and to be pnr
80ns. teded against allY responsibility for so doing.
Oi1Jil liberty is Ule greatest amollnt of ab­ except so fa r as su ch publi cations , from their
s olute liberty which can, in the nature of blasphemy. obscenity. or scandalo us charac·
things, be equally possessed by every citizen ter. may be a publ ic offense, or as by their
in a state. BOll vier. falsehood and malice th ey may inj uriously
.The term is frequ ently used to denote t.he affect the standing. reputation. or pecuniary
am o u n t of absolute l iberty which is actually interests of indi viduals. Cooley. CODst. Lim.
e nj oyed by the various citizens under the p. 422. It is said to consist in thi s : " That
govern ment and laws of the state as adm i n­ neither courts of justice. nor any judges
Istered. 1 m. Comm. 125. Whatever, are authorized to tak& notice ot
Cj vil liberty is g uarantied protection writings intended for the press, but are con·
against interference with the interests and fined to those which are actually printed."
rights beld dear and importan t by large De Lolme. Eng. Const. 254.
classes of ci vilized men. or by a ll the mem­
!Jers of a state, togeth er wIth an e ffectual LIBERTY OF THE RULES. A prlv.
share in the making and admi nistration of ilege to go out of the Fleet and Marshalsea
the laws. as the best appa.ratus to secure that prisons within certain limits. and there re.­
protectio n. Lieb. Civil Lib. 24. side. Abolished by 5 & 6 Vict. c. 22.
Na.tural libe'rt'J is the right which nature
LIBERTY TO HOLD PLEAS. The
gives to all mankind of disposing of their
Uberty of having a co urt of one's own. Thus.
persons and property after the manner they
certain lords had the pri vilege ot holding
judge most consistent with their h appi ness,
on condition of their acting within the limits
pleas within their own manors.
of t.he law of nature. and so as not to i nter­ Liberum corpus nullam recipit mati­
fere with an equal exercis e of the same righ ts mationem. Dig. 9. 3. 7. The body of a
by other men. Burlamaqui. c. 3. § 15; 1 Bl. f reeman does not admit of valuation.
Comm. 125.
PersollGl liberty co n si sts In the power ot Liberum est cu1que apud se explorare
locomution, of changing si tuation. of remov­ an expediat sibi consilium. Eve ry one is
ing one's person to whatever place one's in­ free to ascertain for himself whether a recom­
clination may direct. witho ut i mprison m en t m end ati on is advantageo us to his interesta.
or restraint unless by due c o urse of law. 1 6 Johns. 181. 184.
BJ. Comm. 134.
LIBERUM MARITAGIUM. In old
Polilical liberty is an effectual share in the
English law. Frank-marriage. Dract. fol.
making and administration of the In ws. Lieb.
21.
Civil Lib.
2. The word also meaDS a franchise or per­ LIBERUM SERVITIUM. Free .erv.
sonal pri vilege, being some part of the sover­ Ice. Service of a warlike sort by a feudatory
eign power, vested in an individual. eitber tenant; sometimes called " $erDitium liberum
by grant or prescription. armorum . " Jacob.
S. Iu a dadvativa sense, the term denotes Service not u nb ecomi ng the character of a
the place, district, or boundarieswithin which free ma n and a soldier to perform ; as to serve
a special franchise is e nj oyed, an immu nity under the lord in his wars, to pay a sum ot
Claimed. q" a jurisdiction exercised. In this money, and the like. 2 131. Comm. 60.
 LIBERUM SOCAGIUM 717 LICENSEE

LIBERUM SOCAGIUM. In old En­ materia. Under the name of books are con­
g1i.h law. F'ree socage. Bract. fol. 207; 2 tained all volumes. whether upon paper. or
BL Comm. 61. 62. parchm ent. or any other material. Dig. 32,
52. pro
LIBERUM TENEMENTUM. In real
law. Freeho ld. Frank-tenement. LICENCIADO. In Spanish law. An
In pleading. A plea of freehold. A plea
attorney or ad v ocate ; particularly. a person
adm itt ed to tile degree of Licentiate in Ju­
by the defendant in an action of trespass to
"

risprudence " by any of the literary universi­

real property that the lot::US in quo is hiS free­
'

ties of Spain. and who is thereby authorized

bold, or that of a third person , under whom
be actetl. 1 Tidd. Pl'. 645.
to practice in all the courts. Escriche.

LICENSE. In the law of contracts.

LIBr,AC. In Saxon law. Witchcraft.
A permission, accorded by a competent au­
,lIU'tlcular!y that kind which consisted in the thority. conferring the right to do some act
compounding and administering of drugs and
which without such authorization would be
pbUIa'IJ.
illegal. or would be a trespass or a tort. Also
L.G3IACUM. In Saxon law. Bewitch· the written evidence of sllch permission.
D'J any {::erson j also a barbarous sacrifice. In real property law. An au thority to
do a particular act, or series of acts upon an­
L.LSRA. In old Engli'h law. A pound :
other's land without possessing any estate
al'!o a !!lUlU of money equal to a p ound ster�
therein. Also the written evidence of au­
IIn'i-
thority so accorded.
LI3)'!. \ ARSA. In old English la w. A It Is distinguished from an "easement, n which
pOlmd t'U!'1ed ; Lhat is. melted, or assayed by implies an interest io the land to be affected, and a
melting, to test its purity. LibJ'(:e arIa et "lease , " or right to take the profits of land. It
may be, however, aodoften is, coupled with a grant
pensatO', pounds burned and weighed. A
ot some interest in the land itself, or right to take
treque!lt expression in Domesday, to denote the profits. 1 Washb. Real Prop. *398.
the purer coin in which rents were paid.
In pleading. A p lea ot. justification to
&pelm9.nj Cowell.
an action of trespass that the defendant was
L I B R A NUMERATA. A pound of authorized by the owner of the freehold to
money counted instead ot. being weighed. commit the trespass complained of.
Spelman. In the law of patents. A written au�
thority granted by the owner of a patent to
LIBRA PENSA. A pound of money by
another p�rsoll empowering the latter lo
"eight. It was usual in former days not only
make or use the patented article for a limited
to sell the money, but to weigh it: because
many cities. lords. and bishops. having their period or in a limited territory.

mints, coined money, and often very bad In i n t e r n a t i o n a l law. Permission

money. too, for which reasun, though the granted by a belligerent state to its own flUb­
pound consisted of 20 shillings, they weighed jecls, or to the subjects of the enemy. to car­
It. Ene. Land. ry on a trade interdicted by war. ·Wheat. Int.
Law, 447.
LIBRARIUS. In Roman law. A writ· . Marriage license. A marriage license is
ar or am anuensis ; a copyist. Dig. 50, 17,
an authority enabling two persons to be mar­
92.
ried.
LIBRATA TERRlE. A portion of
LICENSED VICTUALLER. A t"rm
ground containing four oxgangs. and every
applied, in England. to all persons selling
oxgang fourteen acres. Cowell. Tbis is the
any kind of intoxicating liq lIor under a
same with what in Scotland was called
license from the justices of the peace.
"poundland " of old extent. Wharton.
Wharton.
LIB RIPENS. In Roman law. A LICENSEE. A person to whom a l icense
weigher or balance-holder. The person who
has been granted.
held a brazen balance in the ceremony of
In patent law. One who has had trans..
emancipation per (£3 et lib1·am. Inst. 2,
ferred to him. either in writing or orally, a
10. 1.
less or different interest than either the in..
Librorum a.ppellations continentur larest in the whole patent. or an undi vided
omnia v:olumina, sive in charta, sive in part of sl1ch whole interest. or an exclusive M
membrana sint, sive in quavis alia st;lctional interest. 4 Blatchf. 211.
,
,

LICENSING ACTS 718 LICKING OF THUMBS

LICENSING ACTS. This expression LICET. Lat. Frorn the verb f<licere,"
III applied by Hallam (Const. IIlst. c. 13) to (g. ••) Altbough; notwithst'Ulding. 1m.
acts of parliament for the restraint ot prInt­ porting. in this sense, a direct atlirmatiOD.
ing. (>xcept by license. It m�ly also be ap­ Also, i t is allowed, it fa permissible.
plied to any act of parliament passed [or t.he
Licet dispositio de intere sse futuro
purpose of requiring a license for doing any
sit inutilis. tamen potest fieri declaratio
act whatever. But, generally. when we
proocedens quoo sortiatur effectum, in­
speak of the licensing acts, we mean the acts
tel'venien te novo actu. Althougb the
regulating the sale of intoxicating liquors.
grant of a future interest be inoperative,
Mozley & Whitley.
yet a declaration precedent may be made,

The person wbo gives or whicb may take effect provided a new act in�
LICENSOR.
grants B license. tervene. Bac. Max. pp. 60. 61. reg. 14;
Broom, Ma.x. 498.
LICENTIA CONCORDANDI. Lat.
LICET SlEPIUS REQUISITUS. (AI.
In old practice and conveyancing. License
though often requested.) In pleading. A
or leave to agree; one of the proceedings aD
phrase used jn the old Latin forms of declara­
levying a fine of lauds. 2 B1. CotnlU. 350.
tions, and literally translated in the modern

LICENTIA LOQ.UENDI. Lat. In old

precedents. Yel. 66; 2 Chit. PI. 90; 1 Chit.
PI. 331. 'fhe clause in a declaration which
practice. Leave to speak, (t. e., with the
plaintiff;) an imparlance; or ruther leave to conlains tIle general a.verment of a request

imparl. 3 Bl. Com I l l . 299. by the plaintiff of the defendant to pay the
sums claimed is still called the "licet srepiw
LICENTIA SURGENDI. Lat. In old 1'equisitua. "
English practlce. License to arise; permis­
Licita bene miscentur, formula nisI
sion given by the court to a tenant in a real
juris obstet. Lawful acts [done byaeveral
Rction, wbo bad ca�t an essoin de malo /eelt, authorities] are well mingled, [i. e., become
to arise out of bis bed, which he coulll not
' united or consolidated into one good act,] un�
do wi thout such permission, and after being
less some form of law forbicl. Hac. Max. p.
viewed by four knights appointed for the
94. reg. 24.
purpose. Bract. fo!. 355.
LICITACION. In Spanisb law. The
LICENTIA TRANSFRETANDI. Lat. offering for sale at public auction of an estate
A writ or warrant directed to the keeper of the or property beld by co-heirs or joint proprie­
port of Dover, or other seaport, commanding tors, which cannot ue divided up withoutdet
him to let sucb persons pass over sea as have riment to the whole.
obtained the royal license thereunto. Reg.
Ol'ig. 193. LICITARE. Lat. In Roman law. To
offer a price a� a salei to bidi to bid often; to
LICENTIATE. One who has IIcenBe to make several bids, one above another. Cal.
practice any art or faculty. vin.

LICITATION. In tbe civil law. An

LICENTIOUSNESS. Tbe Indulgence
offering for sale to the highest biddt'r. or to
of the arbitrary will of the individual, with­
him who will give most for a thing. An act
out regard to ethics or In w. or respect for the
by which co-heirs or other co-proprielors of a
rights of otbers. In tl1is it cliffers from
thing in common and undivided between
" liberty ;" for the lat.ter t.erm may properly
tllem put it to bid between them, to be ad­
be used only of the eXerciRe of the will i n its
judged and to belon g to the highest and last
moral freedolll, with justice to all men and
bidder, upon condition that be pay to each of
obeuience to the laws.
his co-proprietors a part i n the price equal to
In a narrower and more technical sense,
the u ndivided part which each of the said co­
the word is equivalent to lewdness or lascivi­
ousness.
proprietors had in the estate licited, bdor(
the adjudication. Poth. Cont. Sale, nn. 516,
LICERE. Lat. To be lawful; to be al· 638.
lowed or permitted by Ia w. Calvin. LICITATOR. In Roman law. A. bidder
at a sale.
LICERE. LICERI. Lat. I n Roman
law. To offer a price for a thing; to bid for LICKING OF THUMBS. An ancient
It. forUlality by which bargains were complete
 LIDFORD LA.W 719 LIEN

LIDFORD LAW. A sort of lynch law , LIEGEMAN. lIe that oweth allegiance.
whereby a person was first punished Bnd then Co w ell .
tried. Wharton.
LIEGER, or LEGER. A re.ident am­
LIE. To subsistj to exist; to be sns· bassador.
tainable; to be proper or a\'ailable. Thus
the p hrase .. an action wilI not lie" 1l1 eanS LIEGES, or LIEGE PEOPLE, Sub­
that 8ll action can not be sustained, or that ject•.
there 1s no ground upon which to found the
LIEN. A qualified right of property which
action. a creditor has in or over specific property ot
LIE IN FRANCHISE. Property Is bis debtor. as security for the debt or charge
aaid to "lio in franchise" when i t i s of such or for performance of some act.
a n ature that the persons entitletl thereto In {'very case in which property. either
may seize it wi�hout the aid of a court; 6. g., real or personal, is ch arged with the payment
wrecks. waifs. estrays . of a debt or duty. every such cbarge may be
denominated a lien on the property. Whitak.
LIE IN GRANT. Incorporeal heredit­ Liens. p. 1.
aments are said to " l ie i n grant;1I that ie,
A lien is a cba rge impospd upon specifio
they pass by force of the grant (deed or char­ property. by wbi ch it. is made security for tbe
ter) without Hvery. performance of an act. Code Ci vi! Proc. Cal

LIE IN LIVERY. A term applied to

§ 1180.
corporeal hereditaments, freeholds, etc., sig­ Lien is the right of one man to retain property
in bis possession belonging to D.notber, until cel"­
nifying that they pass by livery, not by the
tata demands of the party in possession are satil­
mere force of the grant. fled. 26 Wend. 467. And tJOe 1 Hilt. 292.
Lien is fumilia.rly understood to be 1l binding or
LIE IN WAIT. See LYING IN WAIT. attllchment of the thillg spoken ')l, for the benefit;
of bim who is entitled thtll'etv � Hawks, 809.
LIE TO. To adjoin. A cottage muot
In the Scottish Inw , ..be doctrine of lien la
have bad four acres of laud laid to it. See
known by th e name of ur�o;;ention , " and that
2 S�ow. 279.
of set�oJf by the name of "compensation,"
LIEFTENANT. An old form ot "lieu­ Liens are either pa'l'tieular, as a right to
tenant," aud still retained as the vulgar pro-­ retain a thIng for 80me cbarge or claim grow..
J;luDciatioD of the word. ing out of. or connected with , tbe identical
thing; or general. !.ls a right to retain a thing
LIEGE. I n feudal law. Bound by a
Dot only for sucb cbarges and claims. but
teudal tenure; bound in aliegiaDce to the
also for a genera.l balance of accounts between
lord paramou nt, who owned no superior.
the parties in respect to other dealings of the
In old records. Full; absolute; perfect;
like nat.ure.
pure. Liege widowhood was pure widow­
Liens are also enber con'Ventional or by op­
hood. Cowen.
eration of law. The former is tbe ,case
L I E GE HOMAGE. Homage which, where t.be lien is raised by the express agree­
when performed by one sovereign prince to ment and stipulation of the parties. in cir­
another, included fealty and services, as op­ cumstances where the law alone would not
posed to Simple homage, wbich was a mere create a lien from the' mere relation of Lhe
acknowledgment of tenure. (1 BI. Comm. part.ies or the details of tbeir transaction.
367; 2 Step�. Comm. 400.) Mozley & Whit­ The latter is the case where the law itself,
ley- without the stip ulation at tbe parties. raises
a lien, as an implication or legal consequence
LIEGE LORD. .A sovereign; a superior
from the relation ot the parties or the cir­
lord.
cumstances of their dealings. Liens of this
L I E G "; POUSTIE. In Scotch · Iaw. species may arise either under the rules of
That state or health Wllich gives a person common law or of equity or under a stat ute.
lull power to dispose of. mortis causa or oth­ In t.he first case they are called "common ..!aw
erwise, his herita.ble p roperty. Bell. liens ; " in tbe second. "equitable liens;" in
A deed executed at the time of such a state the third. "statutory liens. "
of bealth, as opposed to a death-bed convey­ Liens are eitber possessory or charging,-
ciDce. the former, where the creditor has the rigbt
TIJe term seems to be derived from the to hold possession or tile specific property un- M
Latin " legitima pote:;tas." til salbfactioll of tile debt; the lattel', where
 LIEN 720 LIFE INSURANCE

the debt is a charge upon the specIflo prop­ ficers, who are subordinate to others, and
erty although it remains in the debtor's pos­ especially where the duties and powers of the
s6ssioo. higher officer may, in certain contingencies,
Equita.ble liens are 8uch as exist tn equi­ devolve upon tbe lowerj as lieutenant gov­
ty, and ot which courts of equity alone take ernor. lieutenant colonel, etc. See the Collow­
cognizance. ing titles.
A lien is neither a jus in re nor a jus ad 3. In the army, a lieutenant is a commis­
rem. It is not property in the thing, nor sioned officer, ranking next below a captain.
does it constitute a right of action for the In the United States navy, be is an officer
thing. It more properly constitutes 8 charge whose rank Is intermediate between that ot
upon the thing. Equitable liens most com­ an enSign and that of a lieutenallt command­
monly grow out of construct!va trusts. er. In the British navy, hie ra.nk is nextb80
Story, Eq. Jur. § 1215. low that of a commander.

Maritime liens. Maritime liens do not LIEUTENANT COLONEL. An 01.

include or require possession. The word fieer of the army whose rank is above that or
"lien" is lIsed in maritime law not in the a major and below that of a colonel.
strict legal sense in which we understand it
LIEUTENANT COMMANDER. A
i n courts of common law, in which case there
commissioned officer of the United States
could be no l i en where there was no posses­
navy, whose rank is above that of lieutenant
sian, actual or constructive, but to express,
and below that of commander.
as if by analogy, the n atu re of claims which
neither presuppose nor originate in posses­ LIEUTENANT GENERAL. An 01·
sion. 22 E ng. Law & Eq. 62. flcer in the army, whose rank is above tbat
The civil law lien. The civil law em­ of major general and below that of II ge n eral
braces, under th� head of .. mortgage and of the army." In th e United States, this
priviIege, " the peculiar securities which, in rank is not permanent, being usually created.
the common and maritime law and equity, tor special persons or in times at war.
are termed II liens. "
LIEUTENANT GOVERNOR. In
As to BAILEE'S LIEN, MECHANIC'S LIB.N,
English law. A deputy�governor, acting
and VENDOR'S LIEN, see those titles.
as the chief civil officer of one of several
LIEN OF A COVENANT. The com­ colonies u nder a governor general. Webster.
mencement at a covenant etating the names In Amel'ican law. An officer of a state,
of the covenantors and covenantces, and the sometimes cbarged with special duties, but
character of the covenant, whether jOint or chiefly important as the deputy or substitute
several. Wharton. of the governor, acting in the place of the
governor upon the latter's death, resignation.
LIENOR. The person bavlng or owning
or disability.
a lien; one who has a right of lien upon prop­
erty of another. LIFE. That state of animals and plants,
or of an organized being. in which its nutuml
LIEU. Fr. Place; room. !tis only used
functions and motions are performed, or in
with "inj" in lieu, instead of. Enc. Lond.
wllich its organs are capable of performing

LIEU CONUS. L. Fr. In old plead ing. their functions. 'Vebster.

A. known place; a place well known an d gen·
eraIly tnkeu notice of by those who dwell
ahout it. as a castle. a manor, etc. Whishaw;
1 Ld. Raym. 259.
LIEUTENANOY. COMMISSION OF.
See CoMMISSION OF ARRAY.
LIEUTENANT. 1. A deputy ; substi­
tute; an officer who supplies the place of
another; oue ncting by vicarious authority.
Etymologically, ODe who holds the post or of�
fice of another, in the place and stead of the
latter.
2. The word is used i n composition as part
of the title of several civIl and mili ta ry at..
The sum of the forces by which deatb ill
resisted. Bicbat.
LIFE-ANNUITY. An en gagement to
pay an income yearly during the life of some
person; also tJIe sum thus promised.
LIFE-ESTATE. An estate who.e dur...
tion is limited to the life of the party holding
it, or of some other person; a freehold estate,
not of inheritance.
LIFE INSURANCE. That kind 01 in·
suranco In which the risk contemplated is the
death at a particular person; upon which
event (if it occurs with in a prescribed term,
or, according to the contract, wheneverit oc-
 LIFE-INTEI1EST 721 LIGIITEI1AGE

curs) the insurer engages to pay R stipulated LIGEA. In old English Jaw. A liege·
8 u m to the legal representatives of such per� woman; a female subject. neg . Orig. 312b.
son, or to a LuiI'd person having an insurable
LIGEANCE. Allegiance; the faithful
Interest in the life of such person.
obedience of a subject to his sovereign, of a
LIFE-INTEREST. A claim or interest, citizen to his government. Also, derivative­
not amounting to ownership. and limited fir ly. the territory of a state or sovereignty.
& term of life, either that of the person in
LIGEANTIA. Lat. Ligeance; an...
whom tbe right is vested or that of another.
giance.
LIFE-LAND, or LIFE-HOLD. Land
Ligeantia est quasi legis essentia ; est
held on a lease for lives.
vinculum fidei. Co. Lltt. 129. Allegiance
LIFE PEERAGE. Letters patent, con­ is. as it were. the essence of law; it is the
ferring the dignity of baron for life only, do chain of faith.
not ennule the grantee to sit and vote in the
Ligeantia natural1s nullis claustris
hous8 of lords. not even with the usual writ
coercetur, nullis metia refrrenatur, nul118
of summons to tile hous6. Wharton. finibuB premitur. 7 Coke, 10. Natural
allegiance is restrained by no barriers, reined
LIFE POLICY. A policy of life insur­
by no bounds, compressed by no limits.
ance; a policy of insurance upon tbe life of
an individual. LIGEAS. In old records. A liege.

LIFE-RENT. In Scotch law. An es­ LIGHT. A window, or opening in the

tate for life; a right to the nse and enjoy­ wall for the admission of light. Also a prive
ment of an estate or thing for one's life, but ilege or easement to have light admitted into
without destruction of its substance. They one's building by the openings made for that
are either legal, such as terce and curtesy, purpose, without obstruction or obscuration
(q. v.,) or conventional, t. e., created by act by the walis of adjacent or neighboring struct.­
of the paTties. Conventional liie·rents are ures.
either .,imple, where the owner of an estate
.

grants a life-interest to another, or by 1'eser­ LIGHT-HOUSE. A structure, usually

in the form of a tower, containing signal.
tlation, where the owner, in conveying away
tbe fee, reserves a life-estate to himself. lights for the gUidance of vessels at night, at
dangerous points of a coast. shoals, etc.
LIFE-RENTER. In Scotch law. A They are usually erected by government, and
tenant for life without waste. Bell. subject to governmental regulation.

LIFT. To raise; to taJ,s up. To "lift" LIGHT-HOUSE BOARD. A commis­

a promissory note is to discharge its obliga­ sion authorized by congress, consisting ot
.
tion by paying its amount or substituting an­ two officers of the navy, two officers of the
other evidence of debt. To " lift the bar" of corps of engineers oftha army, and two civil­
the stat lite of limitations, or of an estoppel, ians. together with an officer of t.he navy and
is to remove the obstruction whicb it inter­ an ofllcer of engineers of the army as secr6-
poses, by-some 8utllcient act or acknowledg­ taries, atlached to the office of the secretary
ment. of the treasury. at 'Vashington, and charged
with superintending tile construction and
LIGA. In old European law. A leaglle
management of light-houses. light-ships, and
or confederation. Spelman.
oLher maritime signals for pl'otection of com­
LIGAN, LAGAN. Goods cast into tbe merce. Abbott.
Ilea tied to a buoy. 80 that they may be found
LIGHT-SHIP, LIGHT-VESSEL. A
again by the owners, are so denominated.
vessel serving the purpose ot a light-houstt,
When goods are cast into the se�l i n storms
usuaUy at a place where the latter could not
or shipwrecks, and remain there, w ithout
well be built.
coming to land. they aredistinguisbed by the
barbarous names of II jetsa.m ," " flotsam, " LIGHTER. A small vessel used in load­
and "ligan . " 5 Coke. 108 ; Barg. State Tr. ing and unloading ships and steamers.
.a; 1 BI. Comm. 292.
LIGHTERAGE. The business of tran&­
LIGARE. To tie or bind. Bract. fol. ferring merchandise to and from vel)�els by
369b. means of lighters ; also the compensation or M
To enter into a leagne or treaty. Spelman. price demanded for Buch service.
AlI.DIOT.LAw-46
 LIGHTEHMAN 722 LIMITED ADMINISTlt.<l.TJON

LIGHTERMAN. The master or owner bly may happe n, marks the period at which
ot 8 lighter. He is liable as a common the time of e nj oymen t shall e nd. Prest. Es­
carrier. tates, 25.
LIGHTS. 1. Windows; open ings in the LIMITATION IN LAW. A llmitation
w all of a house for the admi ssio n of lig ht . in law. or an estate limited, is an estate to
2. Signal-lamps on board a vessel or at be holden only during ihe continuance ot the
parti cul ar points on the coast. required by the condition under which it was granted, upon
navigation laws to be displayed at night. the deter min ati on of which the estate vests
i mmed iately in him in expectancy. 2 Bl.
LIGIUS. A pe rson bound to another by
Comm. 155_
a solemn tie or engagement. Now used to
express the relation of a subject to his sov­ LIMITATION OF ACTIONS. The
ereign. restriction by statute of the right ot Bction

to certain periods of time, after the aceruin g

Ligna et lapides sub " armorum" ap­
of the cause of action, beyond which, except
pellatione non continentur. Sticks and
in certain specified cases. it will not be al­
stonel! are not contai ned under the name of
lowed.
"'arms ." Bract. fol. 144b.
Also the period of time so limited by law
LIGNAGIUM_ A right of cutting fuel tor the bringing of actions.
in woods: also 8 tribu te or payment due for
the same. Jacob. LIMITATION OF ASSIZE. In oid
practice. A certain time prescribed by stat­
LIGNAMINA. Timber fit for bUilding.
ute, witllill which a man was required to
Du Frean&.
allege hi mself or his ancestor to have been
LIGULA_ In oid English law. A copY. seised of land.'i sued for by a writ of assize.
exempli fication. or transcript of a court roll Cowell_
or deed. Cowell.
LIMITATION OF ESTATE. The r...
LIMB_ A member of the human body. striction or circu mscription of an estate, in
In the phrase " life and limb, " tbeJatter term the conveyance by which it is granted , in re­
appears to denote bodily integrity i n general; spect to the interest of the grantee or its du­
but in the definition of " mayhem" it reters ration ; the specific curtailment or confine­
only to those members or parts of the body ment of an estate, by the terms of the grant,
which may be useful to a man in fighting. 1 I!O that it cannot endure beyond a certain
Bi. Comm. 130. period or a designated contingency.

LIMENARCHA. In Roman law_ An A conditional limitation (in the generic

sense of the term ) Is where one estate is lim.
officer who had cbarge of a barbor or port.
ited to end and another to commence on the
Dig. 50. 4. 18. 10; Cod. 7. 16. 38.
doing of some act or the happening of some
LIMIT, v. To mark out; to definej to event.
fix the extent of. Thus, to limit an estate A collateral limitation is one which
meuns to mark on t or to define the period of marks the extreme duration ot an estate , and
its duration, and the words employed in deeds at the �ame time indicates an uncertain event,
for this purpose are thence termed " words ot the happening of whicb will put an end to it
limitation," and the act itself is termed before the expiration of that period. Sweet.
" limiting the estate. " Brown.
LIMITATION. WORDS OF. Thos.
LIMIT, n. A bound; a restrnint ; a. cir.
which operate by reference to, or i n connec­
cnmscription; a boundary. 22 N. Y. 429.
tion with, other words, and extend or modify
LIMITATION". Restrict ion or circtlffi­ an .estate gi ve n by such other words, aa
spection ; settling an estate or property ; a " heirs, " " heirs of the body."

certain Lime allowed by a statute for litiga­

LIMITED. Restricted ;" bounded; pre·
tion.
scribed. Confined within positive bounds;
In estates. A limitation , whether made
restricted in duratioD, extent, or scope.
by the express words of the party or existi ng
in intendment of law, circu mscribes the con­ LIMITED ADMINISTRATION. An
tin uance of time for which the property is to ad ministraLion of 8. temporary character,
be enjoyed, and by positive and certai n terms, gran ted for a par ticular period, or tor a ,pe­
or by refe�ence to some ev en t which p os si- cial or partic ular purpose. Holtllouse.
 LIMITED COMPANY 723 LINEA TRANSVERSALIS

LIMITED COMPANY. A company In partners, joi ntly and severally responsibla as

which the liability of each shareholder is ordinary partners, and by whom the business
limited by the numbf'r of shares h e has tak· is conducted, and one 01' more special parfia
en, so that be cannot be called on to contrib­ nerS, contributing in cash payments a sp�
ute beyond the amount of his shares, In ciBc sum as capi tal to the cum man stock,
England, the memorandum of associatiQn of and who are not liable for the debts of the
.uch company may provide that the liabil ity }Jartnership beyond tbe fund so contributecL
of the directors. manager. or managing di­ 1 Rev. !:It. N. Y. 764.
rector thereof shall be unlimited. 30 &; 51
LIMOGIA. Enamel. Du Cange.
Vict. c. 131; 1 Lind l. Partu. 383. Mozley &
Whitley. LINARIUM. In old English law. A

LIMITED DIVORCE. A d!vorce from flax plat, where flax is grown. D u Cange.

bed and board ; or a judici al eepal'3tion of

LINCOLN'S INN. An inn of court.
husband and wife not dis301 ving tile mar­
See INNS OF CoURT.
riage tie.
LINE. In descents. The order or se-­
LIMITED EXECUTOR. An executor rles of persons who have descended one from
whose appointment is qualified by limitations
the other or all from a common ancestor, con­
� to the time or place wherein, or the sub­
sidered as placed in a line ot succession in the
ject-matter whereon. the amee is to be exer­
order of their birth. the line showing the con­
cised ; as distinguished from one whose ap­
nectIon of all the blood-relatives.
pointment is absolute, i. �., cer tain and im�
mediate, without any restriction in regard Measures. A line is 8 lineal merulUre,
to the testator's effects or limitation in point containing tbe one-twelfth part of an incb.
or time. 1 Williams, Ex'rs, 249, et seq. In estates. The boundary or line at di..
vision between two estates.
LIMITED FEE. An estate of inherit­
ance in lands, which is clogged or confined LINEA. Lat. A line; line of doscenL
with 80me sort of condition or qual i fi cat ion. See LINE.
Such estates are base or q ua1ified fees, can-­
LINEA OBLIQUA. In the civil law.
dltional fees, and fees· tail. Tbe term is
The oblique line. More commonly termed
opposed to II tee-simple. " 2 Dt. Comm. IOn.
"linea tTa7uvenalis, " (q. ". )
LIMITED JURISDICTION. This
term is ambiguous, and the books sometimes LINEA RECTA. The direct line; the
use it without due precision. It is some­ vertical line. In computing degrees of kiD­
times carelessly employed instead of "SP6- dred and the 8uccession to estat.es. this term
cial . " The true distinction iJetween courts denotes the direct line of ascendants and de­
is between sucb as possess a general and scendants.
8uch us have only a special ju risdiction for 'V here a person springs from another im·
a partic u lar purpose, or are clothed with spe­ mediately, or mediately through a third per­
cial powers for the performance. 18 N. J. SOll, tht:::y are said to be in the direct line.
La.... 73. (linea recta,) and are called uascendant!l�
Hnd lidescendants." Mackeld. Rom. Law,
LIMITED LIABILITY. The liability
§ 129.
at the members of a jOi nt--stock company
may be eitber unlimited or Iimitedj and. if Linea recta. est index sui et obliqui ;
tbe latter. then the l i m i tation of liability is lex est linea recti. Co. Litt. 158. A right
either Lhe amount, if any, unpaid on the Une is a test of itself, and of an oblique; law
sbares, (in which case the limit is sa id to be is a line of right.
" by sbares,") or 8uch an amount as the
Linea recta semper prrefertur trans-­
members guaranty in the event of the com·
versali. The right line is always preferred
pany being wound up, (in which case the
to the collateral. Co. Litt.. 10; Broom , Max.
limit is said to be " by guarant.y. " ) Brown.
529.
LIMITED OWNER. A tenant for life.
LINEA TRANSVERSALIS. A colla�
in tail, or by the curtesy, or other person not
eral, transverse, or oblique line. Where two
baving a fee-simple in biB absolute disposi­ persons are descended from a third, they are
tton. called u(",ollaterals," and are said to be re.
LIMITED PARTNERSHIP. A part­ lated in the collateral line, (linea t'ra'lU'OBTI" M
nership consisting of one or more general or obli!1U".)
 LINEAGE 724 LIS ALIUI PENDENS

LINEAGE. Race; progeny ; family, as­ LIQUIDATED ACCOUNT. An ...

cendl{1g or descending. count whereof the amOll nt Is certain and
fix ed, eltber by the act and agreement of the
LINEAL. That which comes in a line;
parties or by operation of ll.lw; a sum which
especially a dirpct line, as from father to son.
cannot be changed by tbe proof; it is so mucb
CoUnteral re!ationship is not called. " l ineal/'
or nothing; but the term does not necessari.
though the expression " collateral line. " is not
ly refer to 8 writing. 1 Ga. 287.
unusual.
LIQUIDATED DAMAGES. Agreed o,
LINEAL CONSANGUINITY. That
settled damages; a specific sum of mone-yex·
kind otconsanguinity which subsists between
pressly stipu lated by the parties to a bond 01
persons of whom one is descended in a direct
other contract, as the amount of damages to
line from the other; as between a particular
be recovered by either party for a breach ot
person and his father. grandfather, great­
the agreement by the other. It is generally
grandfather, and 80 upward, in the direct as­
distinguished from (\ penalty.
cending line; or between tho same person
and hiS son, grandson. great-gra ndson. and LIQUIDATED DEBT. A debt is liqu',
so downwan]s in the direct descending line. dated when it is certain what is due and how
2 BI. Comm. 203. much is due. 20 Ga. 562.

LINEAL DESCENT. Descent In 8 LIQUIDATED DEMAND. A demand

right line'; a9 where an estate descends from is a liquidated one if the amount of i t hI\!
ancestor to heir in ODe line of succession, as been ascertained-settled-by the agreement
opposed to collateral descent. of the part.ies to it, or otherwise. 20 Ga. 53.

LINEAL WARRANTY. A warranty LIQUIDATING P A R T N E R . The

by 8n ancestor from whom the title did or partner who upon the dissolution or insolv.
might have come to the beir. 2 .81. Corum. ency of the firm, is appointell to settle Its
301 ; Rawl•• Cov. 30. accounts, collect assets, adjust claims. and
pay debts.
LINES AND CORNERS. In survey­
ing and conveyancing. Bou ndary lines and LIQUIDATION. The act or process of
tueir terminating paints, where an angle is settling or making clear. fixed, and determi·
formed by the next boundary line. nate that which before was uncertain or un·
ascertained.
LINK. A unit in a connected series; As applied to a company, (or sometimes to
anything which serves to connect or bind to­ the affairs of an individual.) liquidation is
gether the things which precede and follow used in a broad sense as equivalent to .. wind·
it. Thus, we speak of a " link in the chain ing up;" that is, the comprehensive process
of tiLle." or settling accounts, ascertaining and adjust­
LIQUERE. Lat. In the civil law. To ing debts, collecting assets. and paying off
be clear. evident. or sahsfactory.When a claims.
judex was in doubt how to decide a case. h e LIQUIDATOR. A person appo inted to
represented to the prretor, under oath. sibi carry out the w1nding up of a company.
non liqu.ere, (that it was not clear to h im , ) and
LIQUOR. This terlll, when useu. in stat­
was thereupon discharged. CH.lvin.
ntes forhidding tile sale of liquors, refers only
LIQUET. It is clear or apparent; it ap­ to spirituous or i n�oxicating liquors. 18 N.
pears. Batis liquet, it sufficiently appears. J. Law. 311; 20 Barb 246; S Denio. 407.
.

1 Strange. 412.
LIQUOR-SHOP. A. house where spiri�
LIQUIDATE. To adjust or settle a n in­ Uous liquors are kept and sold. 6 Baxt. 534.
debtedness : to determine an amount to be
LIRA. The DaIDe of an Italian coin, of
paid ; to clear up an account and ascertain
the value of about eighteen centB.
the balance; to fix the amount required to
aatisfy a judgment. LIS. Lat. A. controversy or dispute; a
To clear away; to lessen; to pay. "To suit or action at law.
liquidate a balance means to pay it. It 8
LIS ALIBI PENDENS. A "ult pend­
Wheat. 338. 362.
ing elsewh ere. The fact that proceedings aro
LIQUIDATED. Ascertained; deter- pending between a plainliff and defendant
mIned; fixed; settled ; mnde clear or manifest. in one court in re9pect to a given maLter is
Cleared away; paid j discharged. frequently a ground for preventing the plain.
 LIS MOTA 725 LITERAL PROOF

tift Crom taking proceedings in another court LITERlE HUMANIOltES. A term in­

against the same defendant for the same ob­ cluding Greek, Latin. genera.l pbilology,
Ject RDd arlaing out of the same cause of logic, moral philosophy. metaphysics ; the

action. Sweet. name of the principal couroe of study In the

University of Oxford. Wbarton.
LIS MOTA. A controYerl!lY moved or
begun. By this term is meant a dispute L I T E RlE MORTUlE. Dead letters ;
which has arisen upon a point or question fulfilling words of a statute. Lord Bacon
which a/lerwaTds forms the issue upon which observes that "there are in every statute cer�
legal proceedings are instituted. After Buch tain words which are as veins, where the life
controversy has arisen, (post litem motam.) and blood of the statute cometh. and where
it hi held. declarations as to pedigree. made by all doubts do arise, and the rest are lite1'(J!
m�mbers of the family since deceased. are m01't'ua, fulfilling words. " Bac. St. Uses,
not admissible. See 4 CHmp. 417j 6 Car. & ( Works, Iv. 189.)
P. 560.
LITERlE PATENTES. Letters patent;
LIS PENDENS. A Bult pending; that
literally. open Jettt'l's.
legal process, in a Buit regard ing lantl, which
amounLs to legal notice to all the world that Literre patentes regis non ernnt va­
there is a dispute as totbe title. In equity the oure. 1 BuIst. 6. The kingls letters patent
filing of the bill and 8erving a 8ubpcena cre. shall not be void.
ates a Us pendens, except when statutes ra­
quire some record. Stirn. Law Gloss. LITERlE PROCURATORllE. In old

In the civil law. .A suit pending. A English law. Letters procuratorY i letters of

Buit was not said to be pending before that procuration ; letters of attorney. Bract. fols.
8tage of it called " litis contestatio, " (g. 0.) 40. 43.
Mackeld. Rom. Law, § 219. Calvi n.
L I T E RlE RECOGNITIONIS. In
LIST. A docket or calendar of causes maritime law. A b1ll of lading. Jac. Sea

ready for trial or argument, or of motions Laws, 172.

I�lldy for hearing.
Literre Bcriptoo manent. Written worda
LISTED. Included in a list; put on a last.
list, particularly on a list of taxable persons
LITERlE SIGILLATlE. In old En·
or property.
glish la \v. Sealed letters. The return of a
LISTERS. This word Is used in 80me of shfriff was so called. Fleta, li b . 2, c. 64,
�he states to deSignate the persons appointed p9.
tomak(- lists of taxables. See Rev. St. Vt. 538.
LITERAL. According to language; fol­
LITE PENDENTE. Lat. Pending the
lowing expression in words. A l iteral cun­
,uit. Fleta. lib . 2. c. 54, § 23. struction of a document adheres closely to its

LITEM SUAM FACERE. Lat. To words, withol1t making differences for ex..

make a suit his own. Where a judex, from trinsic circl1mstancesj a literal performance

partialit.y or enmity, evidently favored either of a condition is one which complies exactly

of the parties, he was said litem au,am with its terms.

faccre. Cal "in.

LITERAL CONTRACT. In Roman
LITBRA. Lat. A lelter. The letter of law. A species of written contract, i n which
a law, as distinguished from lts spirit. See the formal act by which an obligation was
LET'l'ER. superinduced on the convention was an entry
of the sum due, where it should be specifically
LI�:ERA PISANA. The Pisan letter.
ascertained, on the debit side of a ledger.
A term applied tu the old character in which
Maine, Anc. Law. 320.
tbe copy of the Pandects formerly kept at
A contract, the whole of the evidence of
Pilla. i n Italy, was written. Spl'lman.
which is reduced to writ.ing. and binds the
LITERlE. Letters. A term applied In party who subscribed it, although he haa re­
'lId English law tu various in sll'll ill ents in ceived no consideration. Lee. EI. Dr. Rom.
writing, public and private. § 887.
LITERlE DIMISSORllE. Dlmlssory LITERAL PROOF. In the civil law. M
letters, (g• •• ) Written evidence.
 LITERARY 726 LITIS CONTESTATIO

LITERARY. Pertaining to polite learn­ tia." No money was, in tact, paId to c0n­
Ing ; co nnected with the study or oa8 ot books stitute the contract. If ever money was paid,
and writin gs. then the nomen was arcarium, (I. d., 8 real
The word « literary, " having DO legal significa­ co n tract, re contractus,) and not a nomftl
tion, Is to bo taken in Its ordinary Bnd usual mean­ prop'rium. Browu.
ing. We speak of literary persons as learned,
erudite; of literary property. as the productions LITI6-ANT. A party to a lawsu!l; .ne
of ripe scholars, or, at least, of professional writ­
engaged in li ti gation j usually spoken of �
ers ; of literary institutions, as those where the
ive parties. not of nominal ones.
positive sciences nre taught. or persons eminent
for learning a.ssociate, for purposes connected with
their professions. This we think the popular LITIGARE. Lat. To litigate; to ='1
me..1.ning of the word; and that it would Dot be OD a suit, (litem agere.) either as plaintiff or
properly used as desoriptive of a sohool for the in­ defendant ; to claim or dispute by aclion; to
struction of youth. 8 Ind. 332.
test or try the validity of a claim by action.
LITERARY PROPERTY may be de­
LITIGATE. To dispute or contend III
Icribed as the right which entitles an author
form onaw; to carry on a 6uit.
and his assigns to 11.11 the use and profit ot hil!l
composition, to which n o ind ependent right LITIGATION. A iud!cia! controversy.
is, through any act or omission on his or A contest in a court of justice. for the pur­
their part, vested in another person. 9 Amer. pose of enforcing a right.
Law Heg. 44.
A distinotion 18 to be taken between "litorary LITIGIOSITY. In Scotch law. Th.
proporty" (which is the natural, common-law right pendency of 8 suit; it is a tacit legal prohi­
which a person has in the form of written expres­
bition of alienation, to the disapPointmentot
sion to which he has, by labor and skill, reduced
his thoughts) and "copyright, " (whioh i8 a stat­ an action , or of diligence, the direct objectot
utory monopoly, above and beyond natural prop­ wiJich is to obtain possession, or to acquire
erty, conferred upon an author to encourago and the property of a particular subject. Theel­
reward a dedication of his literary property to the feet of it is analogous to that of inhibition.
public.) Abbott.
Bell.
LITERATE. In English ecclesiastical
LITIGIOUS. That which i. the .ubjecl
la w. ODe who qualifies himself for iJoly 0[­
of a suit or action j that which is contested in
ders by presenting himself as a person ac­
a court of justice . In another sense, "litig.
compliShed in classical learning, etc., not as
ious" signifies fond of litigation; prone to
a graduate of Oxford, Cam brid ge, etc.
engage in Bui ta.
LITERATURA. "odd literat"1'am pc>­
LITIGIOUS CHURCH. In ecclesi as­
nere lt means to put children to school.
tical Jaw, a church is said to be litigious
This liberty was anciently denied to those
where two presentations are offered to the
parents w ho were servile tenants, without
bishop upon the same avoidance. Jenk.
the lord's consent. The prohibi tion against
Cent. 11.
the education of 80ns arose from the fear that
the Bon, being heed to letters, might enter LITIGIOUS RIGHT. In the civil law.
into holy orders, and 80 stop or divert the A right which cannot be exercised with out
services which be mi ght otherwise do as heir undergOing a lawsuit. Civil Code La. arta.
to his father. Paroch. Antiq. 401. 918. 3556.
L I T E R I S OBLIGATIO. In Roman LITIS lESTlMATIO. The measure 01
law. The contract of nomen, which was con­ damages.
stituted by wri ti n g, (scripturCl . ) It was of
two kinds, viz. : (1) A re inpe1·sonam. wllen LITIS CONTESTATIO. In the civil
a transaction was transferred from the day­ and canon law. Contestation of Buit; the
book ( ad�ersaria) i nto the ledger (codex) in process of contesting a suit by the opposing
the form of a debt under the name or heading statements oC the respecti ve parties; the pro­
of the purchaser or debter, (nomeu ,.) and (2) cess of coming to an issue; the attai nment ot
a pe1'sonlt in pe1'Sonam, where a debt already an issue ; the issue itself.
standing under ODe nomen or beading was In the practice of the ecclesiastical
transfel'Ced in the uBual course of novatia courts. The general ans wer made by the
from that nomen to aoother and substituted defendant, in which 11e denies the mattel
nomen. By reason oftbis transferri ng, these charged against him in the libeL Hallifax.
obligations were called "nomina transc-riptt- Civil Law, b. 3, c. II, no. 9.
 LITIS OONTESTATIO 727 LIVRE TOURNOIS

In admiralty practice. The general high-water and low-water mark, and DO

iuD" 2 Browne, CivU & Adm. Law, U58, more." Hale de Jure Mar. c. 4.
and nole.
LIVELODE. Maintenance; suppor\.
LITIS DOMINIUM. In the civil law.
Ownership. control, or direction of a s u it. A LIVERY. 1. In English law. Delivery
fiction of law by which the emplo)'lIl.ent of of possession of their lands to the k ing' s ten­
an attorney or proctor (p1'oCU1'ator) in a suit ants in capite or tenants by knight's service.
was autbol'ized or j lIstified. he bei ng supposed 2. A writ which may be sued out by a ward
� become. by the appointment of his princi. i n cldvalry, on reaching his majority, to ob­
pal (domintM) or client, the dominus litis. tain delivery of the possession of bis lands
Heineec. Elem. lib. 4, tit. 10. §§ 1246, 1247. out of the hands of the guardian. 2 Bl.
COlUm. 68.
Litis nomen omnem action em Big­
3. .A. particular dress or garb appropriate or
nificat, siva in rem, sive in pers onam
peclliiar to certain persons, as the members
sit. Co. Litt. 292. A laW5uit signifies every
of a gUild, or. more particularly, the servants
action. whether it be in 1'em or in personam.
of a nobleman or gentleman .
LITISPENDENCE. An obsolete term 4. The pri vilege of a particular guild or
for the time during which a lawsuit is company of persons. the members t bereof
going 00. being called "Ii very-men."
5. A contract of hiring of work-beasts, par­
LITISPE NDENCIA. In Spanish law . ticularly horses, to tbe use of the birer. It
Litispendency. The condition of a sui t peud­ is seldom used alone in this seuse, but ap­
fng in a court of justice. pears in the compound, U Ii very-stable . "

LITRE. Fr. A. measure of capacity in

LIVERY IN CHIVALRY. In feudal
tbe metric system, ueing a cubic decim etre.
law. The delivery of the lands of a ward i n
eq ual to 61.022 cubic inches, or 2.113 Amer...
chivalry out at the guardian's hands, upon
iean pints, or 1. 76 English pints. Webster.
the heir's attaining the requisite age,-t wen­
LITTORAL. Belonging to the shore; as ty-one for males, sixteen for females. 2 HI.
ot seas nnd great lakes. Webster. Corre­ Comm. 68.
sponding to l'ipnrian proprietors on a stream
LIVERY-MAN. A member of 80me
or small pond are littoral proprietors on n sea
company in the city of London ; also called a
or lake. But "riparian» is also used co-ex­
"freeman. "
tensively with "littol'al. " 7 Cush . 94. See
17 How. 426. LIVERY OF SEISIN. The appropri­
ate ceremony. at common law, for trans­
LITURA. In the civil law. An obliter­
ferring the corporal possession of lands or
ation or blot in a will or other instrument.
tcnenlents by a grantor to his grantee. It
Dig. 28, 4, I, 1.
was l i very £11 deed where the parties went
LITUS. In old European law. A kind together upon the land, and there a twig, clod,
at servan t ; one who sunendered himself in.. key. or other symbol was delivered in the
to auot.her's pow er. Spelluan. name of the whole. Livery in law was where
In the civil law. The bank of a stream the same ceremony was performed, not upon
or sbore of lhe sea; the coast. the land it.self, but in sigh t of it. 2 HI..
Comm. 815, 816.
LituB est quousque maximus fluctus a
mari pervenit. The shore is where the LIVERY-OFFICE. An otllce appointed
highest wave from the sea lws reached. Dig. for the delivery of lands.
50. 16, 96. Aog. Tide-Waters, 67.
LIVERY STABLE KEEPER. On.
LITUS MAlUS. The sea shore.
· "It is whose business it is to keep horses for hire
certain that that which the Bea overflows.
or to let, or to keeo. feed. or board horsea tor
either at high spring tIdt's or at extraordina­ others.
ry tides. comes not, as to this p urpose, under
tbe denomination of ' litus maris,' and con­ LIVRE TOURNOIS. In common law.
sequently the ki ng's title is Dot of tbaL large A coin used in France before tbe Revolution.
extent, bllt only to land that is usnally over­ It is to be computed i n the ad valorem, duty
flowed at ordinary tides. T!lat, therefore, I o n goods, etc .• at eighteen and a half centll . M
call the ' ,hare I that is between the common Act March 2, 1798, § 61; 1 Story, La WI, 629.
 LLOYD'S
LLOYD'S. An association 10 the city of
London. the members of which u nd erwr ite
each otber's po licies.
LLOYD'S BONDS. Tbe name of a clas.
of evidences of debt, used in Engla nd ; be i n g
acknowledgments, by a borro wi ng company
made under its seal. of a debt inc urred an d
actu ally due by the company to a c on trac tor
or other person for work done, goods sup­
plied, or ot h er wise. as the case may be. with
8 c ove n ant for paym en t of the pr in cipal and
interest at a future time. Brown.
LOADMANAGE. The pay to loaosmen;
that is. persons w ho sail or row before ships.
in barks or sm all vessels, with instruments
for towing the ship and directing her co u rse,
in aru er that she may escape tbe dangers i n
ber way. Poth. Des Avaries , no. 137.
LOAN. A bailment w i t ho ut reward;
consisting of th e elelivery of an article by the
o w n e r to another persoD, to be used by the
latler g l'i1 t uitou sJy, and ret ll rned either in
8pecie or i n k i n d . A su m of money. confided
to another.
A loan of money is a contract by which
one delivers a sum of money t o an other, a.nd
the latter agrees to reLurn at a fut ure time a
Bum e qu i val en t to th at which he borrowed.
Civil Code Cal. � 1912.
LOAN CERTIFICATES. Certi ficates
issued by a clearing.house t o the associated
banks to the amount of seventy·five per cent.
of the value of the collaterals depOSited by
the borrowing banks with the loan committee
of the clearing. house. A.ndtlrSoD .
LOAN FOR CONSUMPTION. The
loan for cons u mp ti on is an agreemetat by
w hic b one person delivers to another a cer·
tain q ua ut ity of thi ngs which are con su med
by the us e, under the ob l igatio n , by the bar·
rower, to return to him as much of the same
kinu antI quality. Civil Code La. art. 2910.
Loans are of two killds ,-for co n su mption
or for lise. .A loan for cOlls umption i s where
the art i cle is not to be retu rned in specie, bu t
in kind. This is a sale. a n d not a iJailment.
Oode Ga. 1882, § 2125.
LOAN FOR EXCHANGE. A loan for
exchange is a con tract by w hic h one d elivE'l's
personal property to an other and the l atter
,
agrees to return to the lender a similar thing
at a future time, without reward for its use.
Civil Code Cal. § 1902.
LOAN FOR USE. The loan for use is
an agreement by wlJich a person delivers a
LOBBYING
thi ng to another. to use it accOldlng to its
natural destination, or according to the
agreement, under the obligation on the part
of t he bOITower to reLurn it after be shall
have done llsi n g it. Civil Code La. art. 2893.
A lo an for use is a c('ntrac t by which oue
gives to another the temporary possession and
use of personal prop erty , and th e latter agree.;
to retu rn the same thing to hi m at a future
tim e, without reward for its use. Civil Code
Cal. § 1884.
A loan for use Is the gratuitous grant of an
arti cl o to another for use, to be returned 'n
specie, and Illay be either for a cer tain time
or indeO nitely, and at the will of tbe grantor.
Oo ele Ga. 1882, § 2126.
Loun for use (called " commodatum " in the civil
law) di.l!ers from a loan for consumption, (called
"mutu:um" in the civil law,) in this: that the
commodatum must be specifically returned; the
mutnum is to be returned in kind. In the caso of
8 comnlOdatnffl, the property in the thing remalnl
in the lender ; in. a mutuum., the property passel
to the borrower. Bouvier.
LOAN, GRATUITOUS, (or COMMO·
DATE.) A class of bailment which is cal led
"commodatum" i n the Ro ma n law, and is
denomi nated by Sir William Jones a "loan
for use," (p1'et it usage, ) to disti n gu ish it
from " mutuum, II a loan for consumption.
It is tbe gratuitolls lending of an art icle to
the borrower for his o w n use. Wharton.
LOAN SOCIETIES. In En g l ish law.
A kind of cl ub formed for the purpose of ad·
va n cin g mOIl�y o n Idan to th e industri al
classes.
LOBBYING. " Lobbyi n g " i. defined t<>
be any p ers onal solicitation of a member of
a legislative body during a session thereof,
by pr i va te interview, or l ette r or m es$age.
or ot h er m eans and appl i ances not ad­
dressed s olely to the jUdgment, to favor or
oppose, or to vote for or against, any bill,
re8olution, report, or claim pending, Or to
be intl'olluced by either lJrancb thereof, by
any person who misrep resen ls the nature
of bis inlerest in the malter to such mem­
ber, or who is employed for a consideration
by a person or cor poratio n interesled in the
passage or defE'at of such bill. resoilltioll, re­
port, or claim, for the purpose of proc u ri ng
the passage or d e feat thereof. But th is does
not include such services as drafting peli·
tiODS. bills, or resolut.ions, a.ttend ing to the
takin g o f test im o ny. collecting facts, prepar·
ing arguments and memorials, and suumit­
ting them orally or in w r it i n g to a committee
or member of the l egislaLure. and other aerY·
 L'O.'BLIGATION SANS CAUSE, ETC.
Ices ot like clmracter, intended to reach the
reason of legislators. Code Ga. 1882, § 4486
L'obligation sans cause, ou sur une
fausse ('ause, ou sur cause illicite, ne
pent avoir aucun effet. An obligation
without consideration, or upon a false con­
lIider<llion, (which fa ils , ) or upon unl a wful
consideration , CHnnot have any effect. Colle
Civil, 3. 3, 4; Chit. Cant. ( 1 1th Amer. Ed. )
25, note.
LOCAL. Hela ting to p lace ; expressive
of place: bel ongin g or con fi n ed to a particu­
lar place. Distingll ished from " gen eral . "
"personal. " and " transitory."
LOCAL ACT OF PARLIAMENT.
AD act which has for its object th'3 interest of
80me particular loca l i ty , as the formaLion of
a road . the alteration of the course of a river.
the formati on of a public market in a par­
ticular district, etc. Brown.
L0 CAL ACTION. An action is 80
termed when aU the princi pal facts on which
;� is founded Clre of a local nature; as where
f'ossessi on of la nd is to be recovered. or dam­
ages for an actual trespass. or for waste af­
fecting land. because in such cast" tbe cause
of action relates to some par ticular loca lity,
which usually also constitutes the venue of
tbe actioD.
LOCAL AL'C.EGIANCE. That mea,·
ure of obedience which is due from a subject
of one gove rnment to another government,
within whose territory he is temporarily resi­
dent.
LCC <l.L CHATTEL. A thing is local
that is fix�d to the freehold. Kitchin, 180.
LOCAL COURTS. ' Cou rts whose juris­
diction is limited to a particular tenitory oj'
district. The exp ressio n often signifies the
courts of the state, in opposition to the United
States courts.
LOCAL CUSTOM. A par ticu lar or spe·
cial custom; ODe not general i n its nature or
observance, but conGned to a pa rticu lar dis­
trict or locality.
LCCAL FREIGHT. Frei ght shipped
from either termin us of a railroad to a way
station , or vice 'Oersa. or from one way station
to an ot heri that is, over a part of the f(md
onl> . 61 Ala. 579.
L0CAL GOVERNMENT. The gov·
ernment or administration of a particu la r 10·
cality ; especially, the governm ental Iluthol'ity
(if a m umoip a� corporation, as a ciLy 01' coun-
729 LOCALITY
ty, over its local and Individual a(fsln, ex­
ercised in virtue of power delegated t o It for
that purpose by the general govern uJe nt at
the state or nation.
LOCAL IMPROVEMENT. Bycommon
usage, esp eci ally 3S evid e nced by the prac­
tice of co urts and textrwriters, the term "10-­
cal im prov eme nts " is employed as signifying
i m provements made i n a particular locali ty,
by w h i ch the real property adjoining or near
such localIty is speciaDy benefited. 22 Minn.
507.
LOCAL LAW. A law which, instead of
relating to nnd binding all persons, corpora­
tions. or i nsti tutions to which it may be ap­
plicable, within the whole territorial j u ris.
diction of the law- makin g power. is lim ited
in its operation to certain distr ic ts of such
terri tory or to certain individual persons or
corpurati ons. See GENERAL LAW.
LOCAL OPTION. A privtlege accorded
by the legi slatu re of a state to the several
counties or oth�r dis tricts of the state to de-­
termine, each for itself, by popular vote.
whether or not licenses should be issued for
the sale of intoxicating liquors within such
districts.
LOCAL PREJUDICE. The " prejudice
or local influence" which will warf<lut the
remov al of a cause iro m a state court to a
federal court may be eiLher prejudice and in·
flue nee ex isti ng against the party seeking
such removal or existi n g in favor of his ad­
versary. 81 Fed. Rep. 53.
LOCAL STATUTE. Su ch a stat ute II>
has for its o hj ec t the i n terest of some par­
ticular 10c ali Ly, as the formation of a road,
the alteration of the course of a river, the
formation of a public market in a particul ar
district, etc.
LOCAL TAXES. 'rhose assessments
which are l i mited to certain districts, as
poo r-rates, parochial taxes, county rates, mu­
n i ci pal taxes, etc.
L OCAL V E N U E . In pleading. A
venue which must be laid in a pa lticu lar
county. 'When tile act io n could ba va arisen
o nly in a particu l ar county, it is local. and
the venue must be laiu in that county. 1
Tidd, Pro 427.
LOCALITY. In Scotch law . This Dame
is given to a life-r�ut. created in marriage
co ntracts in favor of the wife. inbtead ot
leaving her tu her legal life·l'(�llt of tierce, M
1 Bell, Cemm. 55.
 LOCARE 730 LOCO l'ARENTIS

LOCARE. To let for hIre; to deliver or LOCATIO REI. A letting ot a thlng w

flail 8 tlling t.or a certain reward or campen­ hire. 2 Kent, Comm. 586. Tbe bailmento.
.atlon. Bract. fol. 62. letting of a thing to be used by the baile.tor
a compensation to be paid by him. Story.
LOCARIUM. In old European law. The
Bailm. § 370.
Qrice of letting; money paId for the hire of a
t.lling; rent. Spelman. LOCATION. In American land law.
The designation of the bounda.ries ot a par­
LOCATAIRE. In French law. A les­ ticular piece ot land, either upon record or on
aee, tenant, or renter. the land itself. 1 Bibb, 84.
'rhe finding and marking out the boundsof
LOCATARIUS. A deposite..
a particu lar tract of land. upon the land itself.
LOCATE. To ascertain aou fix the posi· in conformity to a certain description con­
tion of something, the place of which was ba­ tained in an entry, grant. map. etc.; lIuch
fore uncurtain or not manifest; as to locate description conSisting i n wbat are termed
the calls in a deed. " locative calls . "
To decide upon the place or direction to be In mining law. The act at appropri­
.occupied by something not yet in being; as ating a "mi ning claim" (parcel of land con­
.

to locate a road. taining precious metal in its soil or rock) ao.

corJing to I..'ertain e9tablished rules. It usu­
LOCATIO. Lat. In the cIvil law. Let·
ally cousists i n placing on the ground, in a
ting for hire. The term is also used by text·
conspicuous position. a notice setti ng forth
writers upon the law of bailment at common
the name of the locator. the fact that it is
law. In Scotch law it is translated " loea­
thus taken or located. with the requisite
tiOD." Bell.
description of the extent and boundaries of
LOCATIO- CONDUCTIO. In the civil the parcel. 104 U. S. 649.
law. A compound word used to denote the In a secondary sense, the mining clnim

contract of bailment for hire, expressing the covered by a single act of appropriation or

action of both parties, viz .• a letting by the location. Id.

one, and a hiring by the other. 2 Kent, In Scotch law. A contract by which the
Comm. 586, note; Story, Bailm. § 368. temporary use of a subject, or the work or
service of a person. is gi ven for an ascertained
LOCATIO CUSTODIlE. A letting to hire. 1 Bell, Comm. 255.
keep; a bailment or deposit of goods for hire.
Story, Bailru. § 442. LOCATIVE CALLS. In a deed, patent,
or other instrument containing a description
LOCATIO OPERIS. In the civil law. of land, locative calls are specific calls, de­
The contract of hiring work, i. e., labor aud scriptions, or marks of location. referring to
services. landmarks, physical objects. or other .points
by which the land can be exactly located and
It is a contract by which one of the parties
identified.
gives a certain work to bo performed by the
other, who bilHls himself to do it for the price LOCATOR. In the civil and Seotch
agreed between them, which he who givt'S law. A letlerj one who lets; he who. being
the work to be done prom ises to pay to the the owner of a thing. lels it out to another
other for doing it. Path. Louage, no. 392. for hire or compensation.
In American lan d law. One who lo­
LOCATIO OPERIS FACIENDI. A
cales land, or intends or is entitled to locate.
letting out of worl;; to be done; a bailment
See LOCATION.
of a thing for the purpose of having sOllle
work aml labor or care and pains bestowed LOCK-UP HOUSE. A place used tem­
on it for a pecuniary recompense. 2 Kent, porarily as a prison.
Comm. 586. 588; Story, Halloo. §§ 370, 421,
LOCKMAN. An officer in tbe Isle of
422.
Man, to execute the orders of the governor,
LOCATIO OPERIS MERCIUM VE­ much like OUI' under-sheriff. Wbarton.
HENDARUM. A letting of work to be
LOOMAN. Fr. In French marine law.
done in the carrying of good s ; 8 contract of
A pilot.
bailment by which goods are delivered to a
person to carry for hire. 2 Kent, Com tn. LOCO PARENTIS. See IN Lao<> PA.
'597 ; Story. Bailm. §§ 370, 457. RENTIS.
 LOCOCESSION 731 LODS ET VENTES

LOCOCESSION. The act ot gIvIn g legal transaction complies with the formalt�
place. ties required by the law of the country where
it is done. it is also valid in the country where
LOCULUS. In old records. A coffin i a
it is to be given effect. although by lhe l aw
purse.
of that country other formalities are re-­
LOCUM TENENS. Lat. Holding the quired . 8 Sav. Syst. § 381: Westl. Priv.
place. A. dep uty, Bubstitute. lieutenant, or Int. Law, 159.
repre3entat ive.
LOCUS REI SITlE. The pla ce where
LOCUPLES. Lat. In the civil law. a thing is situated. In procee d ing s in 1·em.
Able to respond in an action; good for the or the real action s of the ci vii law. the proper
amount which the plaintiff might recover. for um is the loc-us ,.ei sUa:. 2 Gall. 191. 197.
Dig. 50. 16, 234, 1.
LOCUS SIGILLI. The place of tbe seal;
LOCUS. Lat. A place ; the place where
the place occupied by the seal of written
• thing is do ne.
instruments. Usually abb rev iated to j'L. S. n
LOCUS CONTRACTUS. The place ot
j contract; the place w here a contract is LOCUS STANDI. A pl ace of standing ;
made. standing in cou rt. A right of app earan ce in
seourt of j ust ice. or before a legislative body,
LOCUS CRIMINIS. The locality of a
on a given q uest ion .
crime j the place wh ere a cri me was commit,...
ted. LODE. This term, as used in the legis.

LOCUS DELICTI. The place of the of­ lation of congress, is appl icable to any zone
fense: the place where an offense was com­ or belt Of min eralized rock lying within
mitted. 2 Kent, CoUlID. 109. boundaries clearly separating it from the
n eighbo rin g rock. It includes all depOSits
LOCUS IN QUO. Tbe place in which. of m i neral matter found through a mineral­
The place in which the cause of action arose, ized zone 01' belt coming from the same source,
or where anything is alleged, in pleadings, im pres sed with the same forms, and appear·
to hav e been done. The phrase is most fre­ ing to have been created by the same pro­
qu en tly used in actions of trespass qua1'e cesses. 4 Sa wy. 312.
clausum fregit.
LODEMAN, or LOADSMAN. The
LOCUS PARTITUS. In old English
pilot conducts the ship up the river or into
law. A place di vi ded. A division made be­ porti but the landsman is he that und ertakes
tween two towns or counties to make out in to bri ng a ship through the haven. after be­
which the land or place in question lies. ing brou gh t thither by the pilot. o the quay
t
Fleta, lib. 4, c. 15, § 1; Cowell. or pl ace of diseharge. J <leob.
LOCUS P<ElNITENTIlE. A place tor
LODEMANAGE. Th e hire of a pilot
repentance ; an opportu n ity for changin g for conducting a vessel from one place to an·
one's mind; a cbance to withdra w from a
ot her. Cowell.
contelllplated bargain or contract before it
JesuIts in a definite contractual liability. L O DGER. On e who occnpies h i red
A.lso used of a chance afforded to a person. by a part m e n ts in another's housei a tenant at
the circumstances, of relinquishing the in· part of l-mothel" s house .
tention which be bas formed to com mit a A tenant, with tue right of exclusive pos­
crim e, before the perpetration thereof. sessi on of a part of a house, the landlord. by
hi m se l f or an agent. retaining general domin­
LocuB pro solutione reditus aut pecu·
aire secundum conditionem dimissioIDs
ion over the house its elf.
aut obligationis est stricte observanduB. LODGINGS. Habitation in anot her's
4 Coke. 73. The place for the payment of house; apartments in another's house, fur­
rent or money, according to the condition of n ished or unfurni shed. occupied for habita­
a lense or bond, is to be strictly observed. tion; the occupier being termed a " lodger. U

LOCUS PUBLICUS. In the civil law.

LODS ET VENTES. In old French
A. pu blic place. Dig. 43, 8, I i rd. 43 , 8, and Canadian law. A fine payable by a
2, S.
1'otune1' on every chan ge of owners hip of his
LOCUS REGIT ACTUM. In private land; a mutation or alienation fine. Steph . M
'n ternational law. The rule that. when a I Leet. 351.
 LOG-BOOK 732 LOPWOOD

LOG-BOOK. A. hl!" . jo u rnal . It con ­ LOMBARDS. A name given to tb, mer·

tains a minute aCCollnt or the ship's cou rse,
with a short history of every occurrence dur­
ing the voyage. I Marsh. Ins. 312 .
The part of the log·book relating to trans
Rctions in the harbor is termed the ha rbo r
"
cha nts of Italy, numbers of whom, during
the twelfth and thirteenth centuries, were
established as merchants and bankers in the
­ p rincipal cities of Europe.

LONDRES. L. Fr. London. Y'''tb.

logj" that relating to what happens at sea,
. P_ 1 Edw. II. p. 4.
the "sea log. n Young. Naut. Diet.
L O N G PARLIAMENT. The name
LOG-ROLLING. A mischievous legis­
usually given t o th e parliament which rot-t in
lati ve practice, of embracing in one bill sev­
No vember, 1640, under Charles 1., and WilS
eral disti n ct matters, none of which, per­
dissolved by Cromwell on the 10th of April,
haps. could singly obtain the assent of the 1653. 'rhe name " Long Parliament" is, how­
legislature. and then procuring its passage ever, also given to the parliament which met
by a combination of the min orities in favor in 1661, after the restoration of the mono
of each of the measures into a m ajority thatarchy. and was dissolved on the 30th of
will adopt them all. 60 Ala. 369. December, 1678. This latter parl iament is
LOGATING. An u nlawfu l gam a men­
sometimes called, by way of d istinction. tlle
tioned in St. tl3 Hen. VIII. c. 9.
"long parliament of Charles n. " Mozley &
Whitley.
LOGIA. A small bouse, lodge, or cot­
LONG QUINTO, THE. An expres,ion
tage. Mon. Angl. tom. 1, p. 400. used to denote part second of the yeal;-book
which gives r�po rta of cases in 5 Edw. IV.
LOGIC. The science of reason in g. or ot.
the operations of the understanding which LONG VACATION. The rece,s of the
are subservient to the estimation of evidence. English courts from August 10th to October
The te rm includes both the process itself of 24th.
proceeding from known truths to unknown,
Longa POS98ABio est paois jus. Long
and all other intellectual operations. in 80 far
possession is the law ot peace. Branch,
as aux il iary to this.
Prine.; Co. Litt. 6.
LO GIUM. In old records. A. lodge, Longo. possessio jus po.rit. Long pos­
hovel, or outhouse. sessio n begets right. Flela, lib . 3. c. 15,
LOGO GRAPHUS. In Roman law. A § 6.
pu blic clerl{, register, or book·keeperj one Longo. possessio parit jus pOSSidendi,
who wrote or kept books of accounts. Dig. et tollit actionem vero domino. Long
50, 4, 18, 10; Cod. 10. 69. possession produces the right of possession ,
and takes away from the true owner his ac·
LOGS. Stem s or trunks of trees cut into
tion. Co. Litt. llOb.
convenient lengths for tbe purpose of being
afterwards man ufactured into lumber of va· Longum tempus et longus usus qui
dous kinds; not including manufactured excedit memoria hominum. sufflcit pro
lumber of any sort, nor timber which is jure. Co. Litt. 1I5a. Long time and long
.
squ ared or otherwise shaped for USf' w i t h o u t use, exceeding the memory of men, suffices
further change in forlD. 52 Wis. 398, 9 N. for right.
W. Hep. 67. LOOKOUT. A proper lookout on a ves­
sel is some one iu a favorable position to see ,
LOLLARDS. A body of primitive Wes­
stationed ncar enough to the bel msman to
leyans, who assumed importance about the
communicale with bim, and to receive commu·
time of John Wycliffe, (1360,) "nd were v ery
n ie alion s from him, and exclusively employed
-
successful in disseminating evangelical truth;
in watChing the movements of vessels which
b u t, being illlplicated (app arent ly against
they are m eeting or about to p ass . 12 How.
their will) in the insUl" rection of the villeins
462.
in 1381. the st atut e De Hre-retieo Comblt1·en·
do (2 lIen. IV. c. 15) was passed against LOPWOOD. A righ t In the Inhabitants
them, for their suppression. However. they of a parish within a manor, in E ngland, to
were not suppressed, and their representa· lop for fuel. at certai n perious of the year,
tins surviv� to the present day under vari· the brauches of trees growing upon the waste
ous names and disguises. Brown. lands of the manor. Sweet.
 B. �, � l . , EY
LOQUELA 733 LORD PRIVY SEAL

LOQUELA. Lilt. A col l oquy; talk. In LORD IN GROSS. In feudal law. H.

old Engliah law. tbis term denoted the oral who is lord. not by reason of any manor, but
altercat ion! of the pa r ties to a suit. which led as t h e king in r espect at his crown, etc.
to tho issue now called the " pleadings. " It "Very lord" Is he who is immediate lord to
also designated an " imparlance, " (g. v.,) bot h his tenant; and " very tenant," he who holds
names evidently referri ng to the talking to­ immediately of that lord. So that, where
rtber of the p art i es. LQqueZa sine die, a there is lord paramount, lord mesne. and ten­
p08Lponem ent to an indefinite time. ant, the lord param o unt ill not very lord to
the tenant. Wharton.
Loquendum ut vulgus j sentiendum ut
docti. 'Ve must speak as the common peo­ LORD JUSTICE CLERK. Th. second
ple ; we must t h i n k as the leamed. 7 Cokt', judicial officer in Scotland.
lIb. Thi s maxim expresses tbe rule that,
LORD KEEPER, or keeper of the great
when words are used in a tcchn ical sense,
seal, was originally anotber name for the lord
they must be understood technically; other­
chancellor. After Henry II. 's reign they
wise. when they may be supposed to be used
were sometimes divided. but now there can­
t o their ordinary acc ep t ation.
not be a lord chancellor and lord keeper at
LORD. In E n glish law. A titl. of the S8me time, for by St. 5 Eliz. c. 18. they
bonor or nob il i ty belonging properly to the are declared to be the Bame office. Com. Dig.
degree of t<aron, but app li ed also to the wllole " Chancery , " B. 1.
peerage. as in the expression "the bouse of LORD LIEUTENANT. In English
lords." 1 Bl. Comm. 396-400. law. The viceroy of the crown In Ireland.
A. t itl e of office . as lord mayor, lord com� The principal m ilitary officer of a county,
missions!, et�c. or igi n ally apPOinted for the p u rpose of mus­
In feu.dal taw. A fe ll dal superior o r p ro� tering the i nhabitants for the defense of the
prietor; ons of whom a fee or estate is held. country.

LORD ADVOCATE. The chief public LORD MAYOR. Th. chief ollicer of the
prosecutor ot ScotJantt. 2 Alis. Crim. Pl'. 84. corporation of t.he city of London is so called.
The origi n of the appel latio n of " lord." which
LORD AND VASSAL. I n the feudal the mayor of London enjoys. is attributed to
syste m, the grantor, who retained the domin­ the fourth charter of Edward Ill., which
ton or ultimate property, was called lhe conferred on that officer Lhe hono r of ba vi ng
"lord," and the grantee, who bad only the maces, the same as royal, carriet.! before bim
use or possession , was called the 4. vassal " or by the ser jeants . Pull. Laws & Cust. Lond.
.. feudatory."
LORD MAYOR'S COURT. In En­
LORD CHIEF BARON. Th. cbief glish law. This i s a cou rt of record, of law
Judge of the English court 01 .xchequer, and equity. and is the chief court of ju sti ce
prior to the juuicaLure acts. within th e corporation of Lou don. The�
retically the lord mayor and aldermen are
LORD CHIEF JUSTICE. See Jus­
SUppos(ld to preside, but t h e r�corder is in
TIOB.
tact the acting jUdge. It has jurisdiction ot
LORD HIGH CHANCELLOR. See all pers o n al and m i xed actions arising with­
CRANCELLOR, THE LORD HIGH. in the ciLy and liberties without regard to
the amount in cont ro versy . See S Steph .
LORD HIGH STEWARD. In Eng­
Comm. 449, note l.
land, when a perso n is i mpeacbed, or when a
peer is tried ou indictment for treason o r LORD OF A MANOR. Th. grant••
te lony before the house o f lords, one of the or owner of a manor.
lords is appointed lord hi gh steward, and ·actB LORD ORDINARY ill t h e judge of the
8! speaker pro tempo?'/:!. Sweet. court of so:ssion in Scotland, who offi cia tes
for the time being as the jUdge at first in�
LORD HIGH TREASURER. An offi­
stance. DarI. Pro Ct. Sess.
cer form('rly existing in En gl and , who had
the charge of the royal revenues Bud customs LORD PRIVY :::EAL, before the :lO
duties. and of leasing the crown lands. His Hen. VIIL, wall ge neral ly an ecclesiastic.
fu nction s are now vested in t h e lo rds COID­ The office bas since been uBually conferrec1 on
missioDt!r8 of the treasury. Mozley & Wliit­ temporal peers above the degree of barons. M
I.y. He is appOinted by letters p atent . The lord
 LORD WARDEN. ETC. 134 LOSS

privy seal, recei vi ng a warrant from the sig� cellor, the lords of appeal in ordinary . an]
net office. issues the prj vy seal, which is an sn ch peers of parliamen t as hold, or have-­
authority to the lorJ chancellor to pa.ss the held . high jud icial offices, such as ex-chan.
great seal where the nature of the grant re­ cellors and judges of the superior courts in
qUires it. But the privy seals for money be­ Great Britain and Ireland. App. Jur. Act
gin in the treasu ry. whence the first warrant 1876. §� 5. 25.
issues. coun tersigned by the lord treasurer.
LORDS OF A P P E A L IN ORDI·
The lord privy seai is a member of the cabi­
NARY. These are apPOinted. with a salary
Det council. Ene. Lond.
of £6.000 a year, to aid the bouse of lords io
LORD WARDEN OF CINQUE the h eari ng of appeals. They rank as baroll!!
PORTS. See CINQUE PORTS. for life. but sit and vote in the house of lord!
d uring the tenure of their office only. App,
LORDS APPELLANTS. Five peers Jur. dct 1876. § 6.
who for a time Bu perseued Rich ard II. in bis
go,·ernment, amt whom, after a brief control LORDS OF ERECTION. On tbe Ref.
of the govemment. he in t u rn superseded i n ormation in Scotland. the king. 815 proprietol
1397, H D d put the survi vors o f them to death. of benefices formerly held by abbots and
Richard IL's eighteen commissioners (twelve priors, gave them out i n temporal lordships
peers and six commoners ) took their placet to favorites. who were termed "lords ot
as an embryo prhy council acting with full erection. " W harton.
powers. during the parliamentary recess.
LORDS OF PARLIAMENT. Those
.Brown.
who have seats in the house of lords. Dur­
LORDS COMMISSIONERS. In En­ ing bankruptcy, peers are disqualified from
glish law. When a high public office in the sitting or voting in the house of l ords. 84 &
state. formerly executed by an individual. is 35 Vict. c. 50.
put into commission. the persons charged
LORDS OF REGALITY. [n Scotch
with the commission are calletl "lords com­
law. Persons to whom rights of civU and
missioners." or sometim es " lords" or .. com­
criminal jurisdiction were given by the­
missioners" si mply. Thus. we have. in lieu
crown.
of the lord treasurer and lord high admiral
of former times. tbe lords commissioners of LORDS ORDAINERS. Lords appoint­
the treasury, and the lords commi ssioners of ed in 1312, i n the reign of Edward II for the .•

the admiralty; and, whenever the great seal control of the sovereign and the court party.
is put into commission, the persons cbarged and for the general reform and better govern­
w ith it are cHlled "commissioners " or "lords ment of the. country. Brown.
commissioners" of the great seal. Mozley &
LORDS SPIRITUAL. TIl. archbishops
Wbitley.
and bishops who have seats in the house ot
LORD'S DAY. A name sometimes giv­ lords.
en to Sunday. Co. Lilt. 135.
LORDS TEMPORAL. Tho.e lay peers
LORDS JUSTICES OF APPEAL. In who have seats in the house of lords.
Englisb law. The title of t he ordinary
LORDSHIP. In Engl ish law. Domin.
judges of the court of appeal. by Jud. Act
ion, manor. seigniory, domain; also a title ot
1877, § 4. Prior to the ju dicatu re acts, there
honor used to a nobleman not being a duke.
were two ulords justices of appeal in cban­
It is also the customary titulal'y appellation
eery , II to whom an appeal lay from a vice­
of the j lldges and SOlDe other persons in au­
,haneellor. by 14 & 15 Viet . c. 83.
thority and office.
L O R D S MARCHERS. Those nobl.. LOSS. In insl1rance. The inj ury or
men who lived on the marches of Wales or damage s ust ained by tbe insured in conse­
Scothmd, who in times past had their laws quence of the happening of one or more of the­
and power of life and death. like petty kings. accidents or misfortunes against which the
Abolisbed by 27 Hen . VIII. c. 26. and 6 insurer. in consideration of the premium. bas­
Ed w. VI. Co 10. Wbarton. undertal�en to indemnify the i Dl!l ured. 1
Bouv. lnst. no. 1215.
LORDS OF APPEAL. Tbose members
A 108s Is totat when the subjectlnsurcd Is wholly
ot the bouse of lords of whom at least three
destroyed or reduced to a.n entirely worthIes. oon·
must be present for the hearing and determi­
dition. It is parHat when the subject is injured,
nation of appeals. They are the lord chan- but not destroyed, or when it still reta.iD.a aome-
 LOST OR NOT LOST 735 LOYAL

nlue, or 80me part of it escapes. It b actuaL
when the destruction of the thing is real and sub­
.tanMa!. It it cl)nst'rttctive when the injury, w ith­
as
out entire destructioo, is su oh to entitle the as­
aured to abandon the property to the underwriter
Ind olalm as tor an actual loss. See AOTUA.L TOTAL
Loss.
LOST OR NOT LOST. A phrase some·
times inserted in policies of marine insurance
to signify that the contract is meant to relate
back to the beginning of a voyage now in
progress, or to some other antece<lent time,
and to be valid and effectual even if. at the
moment of executing the policy. the vessel
property. or a portio n of tt, or tor any share
of or interest in such property, upon any
agreement, understanding, or expectation that
it is to be distributed or disposed of by lot or
chance, whether called a "lottery, " a "rame,"
o r a "girt enterprise," or by whatever name
the same may be known. Pen. Code Cal.
§ 319; Pen. Code Dak. § 373.
A lottery is a distribution of prizes by cbance or
lot, where . valua.ble consideration Is given for
the chance of dra.wing a. prue. 1 Abb. (U. 8.) 275;
42 'rex. 580; S Phila.. 457.
Lou Ie ley done chose, 18 oeo done

should have already perished by some of the remedie 8 veDer a ceo. 2 Rolle. 17.
perilS insured against. provided that neither 'Where the law gives a right, ii gives a rem..
party has knowledge of that fact or any ad­ edy to recover.
vantage over the other in the way of supe­
LOUAGE. Fr. Thi. is the contract of
rior means of information.
hiring and letting in FreDch law, aud may be
LOST PAPERS. Pap e", which have either of things or of labor. The varieties
been so mislaid that they cannot be found of each are the following:
after diligent search. 1. Letting of things,-BatZ a. lover being
the Jetting of houses ; bail dfume being the
LOT. The arbitrament of chance; haz­ letting of lands.
ard. That which fortuitously determines 2. Letting of labor,-loyer being the let­
what course shall be taken or what disposition ting of pe rsonal service; bail a cheptel being
be made of property or rigbts.
the letting of animals. Brown.
A share; one of several parcels into which
property Is di vided. Used particularly of LOURCURDUS. A ram or bell·wether.
land. Cowell.
The thirteenth dish of lead in the mines of
Derbyshire, which belonged to the crown. LOVE-DAY. In old Engli.h law. The
day on which any dispute was amicably set­
L O T A N D S C O T . In English law. tled between neighbors; or a day on which
Certain du tie s which must be paid by those one neighbor helps another without hire.
who claim to exercise the elective franchise Wharton.
within certain cities and boroughs, before
they are entitled to vote. It is said that the LOW JUSTICE. In old European law.
practice became uniform to refer to the poor­
Jurisdiction of petty offenses, as distinguished
rate as a register of "Bcot and lot" voters; so from "high j u stice," (g. tI.)
that t.he term, when employed to d�fine a
LOW WATER. The furthest receding
right of election, meant only t.he payment by
point of ehb-tide. 13 How. 417.
8 parishioner of the sum to which be was as-
8essed on the poor-rate. Brown. LOW·WATER MARK. That lin. on
the shore of the sea which marks the edge
LOT OF LAND. A small tract or par·
eel of land in 8 village, town, or city. suita� of the waters at the lowest pOint of the or­
dinary ebb tide. See 60 Pa. St. 339; 26 Me.
ble for building, or for a garden, or other
.
aimilar uses. See 28 N. J. Law, 44; 37 N. 384
J. Eq. 486; 28 Milln. 17, 8 N. W. Rep. 830. LOWBOTE. A recompen.e for the death
of a man killed in a tumult. Cowell.
LOTHERWITE, or LEYERWIT. In
old English law. A liberty or privilt'ge to L O WE R S Fr. In French maritime
•

take amends for lying with a baud woman law. \Vages. Ord. Mar. liv. 1, tit. 14, art.
without license. 16.

LOTTERY. .A. lottery Is any scheme lor
the disposal or distribution of property by
chance among persons who have paid. or
promised or agreed to pay, any valuable con�
sideratiou for the cbance of obtaining such
LOYAL. Legal j autborized by or con..
forming to law. Alsofaitbful in one's polit-
ical relation s ; giving faithful support to one'.
prince or sovereign or to the existing govern.. M
mento
 LOY ALTY 736 LUNACY

LOYALTY. Adherence to law. Faith. LUCRATUS. I n Scotch law. A gaincr.

tulnes8 to one's prince or sovereign or to the
LUCRE. Gain in money or goodsj profit;
existing government.
mmally in an i1l sense. or with the sense of
Lubricum lingum non facile trahen­ something base or unworthy. Webster.
dum es t in p oou am. Cro. Car. 117. A
slip of the tongue ought not lightly to be sub­ LUCRI CAUSA. Lat. In criminal luw.
jected to pu nishment. A term descriptive ot the intent with which
property is taken i n c.'\ses of larceny, the
LUCID INTERVALS. In medical ju­ phrase meaning ufor the sake of lucre" or
risprudence. Intervals occurring in the gain.
mental life of an insane person during which
he is completely restored to the use of his LUCRUM CESSANS. Lat. In Scotch

reason. or 80 far restored that he bas suffi­ law. A ceasing gain, as distinguished from

ci ent intelligence. judgment. and will to enter damnum datum, an actual loss.

into contractual relations. or perform other Lucrum facere ex pupilli tutela tutor
legal acts. without disqualification by reason non debet. A guardian ought not. to make
of hL disease. money out of the guardianship of his ward.
1 John •. Cil. 527, 535.
LUCRATIVA CAUSA. Lat. In Roman
law. A consideration which is voluntary; LUCTUOSA HEREDITAS. A mourn­
that is to say, a gratUitous gi ft, or such like. ful inheritance. See HEREDITAS LUC'l'UOSA.
It was opposed to onerosa ca'ltsa, which de­
LUCTUS. In Roman law. Mourning.
noted a valuable consideration. It was aprin­
See ANNUS LUOTUB.
ciple of the Roman law that two lucrative
causes could not concur in the same person as LUGGAGE. Luggage may con,i,t 01
regarded the same thing; that is to say, tbat, any articles intended for the use of a p<\ssen·
when the same thing was bequeathed to a ger while traveling, or for his personal equip.
person by two different testators, he could ment. Civil Code C.l. § 218l.
not ha ve the thing lor its value) t wice over. This term is Bynonymou3 with "baggRge,"
Brown. but is more commonly used in England than

LUCRATIVA USUCAPIO. Lat. This in America.

species of U8ucapio was permitted i n Homan LUMEN. In the civil law. Light; tho
law only in the case of persons taking pos­ li gh t of the sun or sky; the pri vileg e of re­
session of property upon the decease of its ceiving ligh t into a house.
lnte owner. and in exclusion or deforcement A light or window.
of the heir. whence it was called "usu-capio
LUMINA. In the civil law. Llghts j
pro hrel'ede." The adjective " lu,cl'atioa" de­
windows; openings to obtain light for one's
noted that property was acquired by this
bUilding.
usucapio without any consideration or pay.
ment fol' it by way of purchasej and. as the LUMINARE. A lamp or candle set burn­
possessor who so acquired the property was a ing on the altar ot any church or chapel. for
malfljide lJossessor, his acquisition, or usu­ the maintenance w hereof lands ami rent­
capio, was called a lso " imp1·oba." (i. e., dis� charges were frequently given to parish
honest;) but this dishonesty was tolerated (un. churches, etc. Kennett, Gloss.
til abolished by Hadrian) as an incenti va to
LUNACY. Lunacy is that condition or
force the hrere8 to take posseSSion, in order
habit in which the mind is directed by the
that the debts might be paid and the sacrifices
performed; and, as a further incentive to the
will, but is wholly or partially misguided or
erroneously governed by it; or !t is the im·
hreres , this uliucapio was complete tn one
p ai rmen t of any one or more of the faculties
year. Brown.
of the mind, accompanied with or inducing a
L U C RA T I V E SUCCESSION. In
defect in the comparing fa cu lty. 1 Bland,
Scotch la w. A kind of passive LiLie by which
386.
a person ac cept i n g from another. without any
"Lunacy " m eans either (1) the;) conditio� or
onerous cause. (or without paying value,) a statu.s of a lunatic, (q. v.,) or (2) judicial proceed·
disvosition of any part. of his heritage, to iugs taken before the pl'oper court or o:ff:lcer for the
wllicb the r ec eive r would have succeeded as purpose ot making inquiry into the state ot m ind
of perS008 alleged to be lunatics, of taking cba.rge
heir, is liable to all the grant or' s debts con­
of them and their property if they are found to be
tracted before the said disposition. 1 Forb. lunatics, and for removing the rea-train" OD Uteii'
Inst. pt. 3, p. lOJ. rest.oration to sanity. Sweet..
 LUNACY 787 LY TlE

Lunacy Includes both the forms of mClltn.1 aliena­ m ay be fa irly s u pposed to ac­
h is I n teres ts,
tion khown, respectively. as "mania" and " demen- quiesce in it, ir he afterwards prop ose to dis­
1Ja. " 10 N. J. Eq. 186.
turb t be arran gem en t , is said to be pr eve nted
L U N A C Y, COMMISSION OF. A from doing so by reason tllat he has been
commission issuin g from a court of com pe­ lying by.
ten t j urisdicti on . au th ori zi ng an inq uiry to be
LYING IN FRANCHISE. .A term
made into the mental condition. of a person
descr ipti ve of wai fs , wre cks, estr ays , and the
who is allt'gad to be a lunatic.
like, which may be s eize d wilhout suit or ac­
LUNAR. Belon ging to or measured by tion.
the revolutions of the mOOD.
LYING IN GRANT. A ph rase appl i ed
LUNAR MONTH. See MONTll. to i ncorporeal r ights, i nca pa ble of manual
LUNATIC. A pe rson of deranged or UD-
tradition, and which wust pass by merede­
livery of a deed.
90und mind; a perso n whose me ntlll faculties
are in the condition called " lu n acy , " (q. 'D.) LYING IN WAIT. Lying in ambush;

Lunaticus, qui gaudet in lucidis in­ lying hid or con cealed for the purpose of mak­
tervl111is. He is a lunatic who e njoys lucid ing a sudden and unexpected attack upon a

Interval.. 1 Story , Cont. § 73. pe rs on when he shall arrive at the seen",. In

som e jurisdictions, where th e re are several
LUNDRESS. In old English law. A
degrees of m u rder, lying in wait is made evi.
si lv er penny, so called because it was to be
dence of tbat dellbe ration and prem editated
coined on ly at London, (a Land'res.) an d not
intent which is necessary to characterize IDur·
at the co untry mints. Lown. Essay Coins,
del' in tbe first degree.
17; Cowell. This term is not synonymous with " con­
LUPANATRIX. .A bawd or strum pet. c eal ed. " If a pers on conceals himself for the
8 I not. 206. p urpo&e of s hooting another unawares, he is
lying in wait;; but a perso n may, while co n­
LUPINUM CAPUT GERERE. Lat.
cealed, shoot. another w i thou t co mm i tti n g the
To be outl aw ed, and have one's head exposed ,
cri m e of Illlll'der. 55 Cal. 207.
like a wolf's, with a re ward to him who should
take it. Cowell. LYNCH LAW. A term d escrip ti ve of
t heaction of unofficial persons, organized
LURGULARY. Cast i ng any corrupt or
bands. or m obs, who sei ze pe rsons ch arged
poisonous thing into the water. 'Vh arton .
with or susp ected of crimes, or take them out
LUSHBOROW. I n old E n gl ish law. A of the cus tu dy of the law, and in flict s um mary
bMe 80rt of money, coined beyond sea in the p un is hment u pon them , witl:w u t legal trial.
likenes� at. E n glish and in troduced into
coin, and witho ut the warrant or au th orit.y o( law
England in the reign of Ed ward III. 1:'ro­
Ilibited by St. 25 Edw. III. c. 4. Spelman; LYNDHURST'S (LORD) ACT. T hi.
Cowell.
'
statute (5 & 6 Wm. IV. c. 54) renders mar.
riages within the prohillited degrees absa.­
LUXURY. Excess and extravagance.
l ut.ely null anel void. Thel.'etofore 8uch mar_
which was forme rly an o ffe nse against Lhe ri age s were void ab le merely .
p ubl ic economy. but is not now punishable.
'''harton. LYON KING OF ARMS. In Scotch
law. T i le ancient d uty of this officer was to
LYCH·GATE. Tbe gate into a church. carry public messages t o foreign states, and
yard. WiLh a roof or aw n ing hung on posls it is sti l l LIm pra cUce ot Lhe heralds to make
over it to cover the !Jody brought for burial, all roy al proclaruat.ioDs at the Cross of Edin­
when it rests underneath. Wharton . b urgh. Tile officers se rvin g under him are
LYEF·GELD. Sax. In old records. heralds, pUl'suivanls. aud messengers. Bell.
Lief silver or money; a smaIl O n e paid by the
LYTlE. In old Boman law. A name
customary tenant to the lord for leave to
g i ven to students of the civi l l aw i n
the fourth
plOW or sow, etc.. Somn. Gavelkind. 27.
yeal' of their course, from the i r being sup­
LYING BY. A person who, by his pres­ posed cap able of sol'l)ing auy diffi culty in 1a w.
ence and silenct:: at a tran sacti on which affects TayJ. Civil Law, 39.
AlI..D1CT.LAw-47
M