A New Law Dictionary and Institute of TH

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L EEno . c .16.3
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450
B 87722
A
NEW LAW DICTIONARY

AND
Institute of the Whole Law .

A
NEW LAW DICTIONARY

AND
Institute of the Whole Law.
FOR THE USE OF STUDENTS, THE LEGAL PROFESSION,

AND THE PUBLIC .
BY
ARCHIBALD BROWN,
OP THE MIDDLE TEMPLE , BARRISTER -AT - LAW , M.A. EDIN . AND OXON., AND B.C.L. OXOX .;
AUTHOR OF THE LAW OF FIXTURES ;' ' AN EPITOME AND ANALYSIS OF SAVIGNY'S TREATISE ON
OBLIGATIONS IN ROMAN LAW ;' AND
EDITOR OF SNELL'S PRINCIPLES OF EQUITY , WITH AN EPITOME OF THE
EQUITY PRACTICE ,'
“Nosse quæ nunc aguntur in curiis, necque præterita ignorare."
BIBLIOTHER
SECOND EDITION . JUN ' 80
PODLELANE
LONDON :
STEVENS & HAYNES,
Law Publishers,
BELL YARD, TEMPLE BAR.
1880 .
LONDON :
PRINTED BY WILLJAM CLOWES AND SONS, LIMITED ,
STAMYOBD STREET AND OHARING CROB .
TO
THE RIGHT HONOURABLE
ROUNDELL BARON SELBORNE ,

LORD HIGH CHANCELLOR OF GREAT BRITAIN,
THIS
SECOND EDITION
OF
“ THE NEW LAW DICTIONARY,"

IS, BY PERMISSION ,
RESPECTFULLY DEDICATED.
PREFACE
TO THE SECOND EDITION.
SINCE the First Edition of the Dictionary was published, very con
siderable changes in the Law have been made, principally through
the coming into operation of the Judicature Acts, 1873–1879, and
through other causes more or less connected therewith . The period
of transition from the old to the new procedure appears to have
now passed, and the Law is again in a condition which admits of its
definite statement. It has accordingly been judged advisable to
bring out a Second Edition of the Dictionary.

In preparing the Second Edition, the Author, having had the
advantage of the First Edition as a groundwork, has found his
material much more handy to work upon ; and every care has been
taken to supply omissions and to secure accuracy both of statement
and of reference, and generally to render the work (in as true a
sense as possible) a complete Institute of the Whole Law , -for the
use both of students and of practitioners, and for the guidance and
aid of public men, and of men of letters.
A. BROWN.
89, CHANCERY LANE, W.C.
May, 1880.
PREFACE
TO THE FIRST EDITION (ABRIDGED ).
A New DICTIONARY of the Law appeared to the Author as likely to

prove useful, if it succeeded in combining with the usual contents of
a Dictionary proper a compendious but at the same time accurate
epitome or institute of the whole Law . In endeavouring this com
bination, the Author has left out matters of Law that are now entirely
obsolete, in order to leave greater space for the expression of modern
principles and rules ; and he has stated these modern principles and
rules in language that has been compressed to the maximum degree ;
and he has avoided iteration by means of carefully assorted references.
The Dictionary and Institute comprises much that is historical ,
necessarily so , as regards Constitutional Law, and properly so , as
regards all those ancient names and phrases which are calculated
to throw light upon their modern equivalents ; but otherwise the
book is not historical, but practical. The English Law in all its
branches is fully and minutely dealt with ; the Roman Law and the
French Law are also included in the Dictionary, but as regards only
their most material principles. And it is hoped , that a Dictionary
presenting these characteristics may serve in some manner as a
Remembrancer to the Student, and as a Vade -Mecum for the Prac
titioner, besides being an occasional Guide to the Politician and
Friend to the Literary Man .
A. BROWN .
89, CHANCERY LANE, W.C.
October, 1874.
1
LIST OF BOOKS.
The following is a list of the books which have been principally consulted in
compiling this Dictionary, in addition to those that are referred to in the body of
the work . The list is classified under heads, which may perhaps serve the student or
junior barrister in making up his own Law Library.
I. COMMON LAW. I. COMMON LAW - continued.
(A.) Law of Contracts : (F.) Law of Procedure — continued.
Benjamin on Sales, 1 vol. Bullen and Leake's Precedents in
Broom's Common Law , 1 vol. Pleading, 1 vol.
Byles on Bills of Exchange, 1 vol . Buller's Nisi Prius, 1 vol .
Chitty on Contracts, vol . Chitty's Forms, Q. B., &c., 1 vol .
Grant's Law of Banking, 1 vol . Archbold's Practice, 2 vols.
Indermaur's Common Law , vol . Cole on Ejectment, 1 vol .
Kay on the Law of Shipmasters. Davis's County Courts Practice, 1
Langdell's Contract Cases, 1 vol . vol .
Cases on Sales, 1 vol. Day's C. L. P. Acts, 1 vol .
Leake on Contracts, 1 vol. Cunningham and Mattinson on
Maude and Pollock on Merchant Pleading, 1 vol.
Shipping, 1 vol . Smith's Action at Law , 1 vol.
Mayne on Damages, 1 vol. II. EQUITY LAW.
Russell on Arbitrations, 1 vol . (A.) General Principles :
Sedgwick on Damages, 1 vol. Fisher on Mortgages, 2 vols.
Selwyn's Nisi Prius, 2 vols. Fry on Specific Performance, 1 vol .
Smith's Leading Cases, 2 vols. Kerr on Discovery, 1 vol.
Mercantile Law , 1 vol. Fraul, 1 vol.
Williams's Personal Property, 1 vol. Injunctions, 1 vol.
(B.) Law of Torts : Receivers, 1 vol.
Addison on Torts, 1 vol . Lewin on Trusts, 1 vol .
Broom's Common Law , 1 vol . Lindley on Partnership, 2 vols.
Indermaur's Common Law, 1 vol. May on Fraudulent Conveyances,
Mayne on Damages, 1 vol . 1 vol .
Sedgwick on Damages, 1 vol. Smith's Manual of Equity, 1 vol.
( C.) Law of Crimes : Snell's Principles of Equity, 1 vol.
Archbold's Criminal Pleading, 1 Spence's Equitable Jurisdiction, 2
vol. vols.
Greaves' Criminal Statutes, 1 vol . Sugden on Powers, 1 vol.
Harris on Criminal Law , 1 vol. Tudor's Leading Cases, Mercantile
Stone's Justice of the Peace, 1 vol. and Maritime Law , 1 vol .
(D.) Law of Evidence : White and Tudor's Leading Cases,
Best on Evidence, 1 vol. Equity, 2 vols.
Roscoe's Evidence at Nisi Prius, (B.) Particular Subject Matters :
1 vol . Adams on Trade Marks, 1 vol.
Roscoe's Criminal Evidence, 1 vol. Bainbridge on Mines and Minerals,
Taylor on Evidence, 2 vols. by A. Brown, 1 vol .
(E.) Law of Procedure : Brown (A.) on Fixtures, 1 vol.
Adams on Ejectment, 1 vol. Buckley's Companies Acts, 1 vol .
Archbold's Criminal Pleading, 1 vol . Cooke and Harwood's Charities, 1
Banning's Limitation of Actions, vol .
1 vol. Copinger's Law of Copyright, 1 vol .
Brandon's Lord Mayor's Court, 1 Cross on Lien, 1 vol.
vol . Goddard on Easements, 1 vol.
Brandon's Foreign Attachment, 1 Godefroi's Railway Law , 1 vol .
vol . Hanson on Legacy and Succession
Browne's Probate Practice, 1 vol . Duty, 1 vol
Divorce Practice, 1 vol . Johnson on Patents, 1 vol .
xii LIST OF BOOKS.
II . EQUITY LAW — continued. III. REAL AND PERSONAL PROPERTY - cont.
(B.) Particular Subject Matters — cont.) (B.) Forms in Conveyancing.
Newton on Patents, 1 vol . Copinger's Index, Conveyancing, 1
Tudor on Charities, 1 vol . vol.
Yate Lee on Bankruptcy, 1 vol . Crabb's Conveyancing, 2 vols.
( C.) Evidence. Davidson's Conveyancing, 8 vols.
Best on Evidence, 1 vol . Frend and Ware's Railway Prece
Kerr on Discovery, 1 vol . dents, 1 vol .
Roscoe's Evidence at Nisi Prius, 1 Hayes' Concise Conveyancer, 1 vol .
vol . and Jarman's Forms of
Taylor on Evidence, 2 vols. Wills, 1 vol .
Wigram's Interpretation of Wills , Jarman's Powers of Attorney, 1 vol .
1 vol . Platt on Leases, 2 vols.
(D.) Procedure. Prideaux's Conveyancing, 2 vols.
Daniel's Chancery Forms, 1 vol. Woodfall's Landlord and Tenant, 1
Practice, 2 vols . vol .
Davis's County Courts Practice, IV. CONSTITUTIONAL LAW.
1 vol . Broom's Constitutional Law , 1 vol .
Elmer's Practice in Lunacy, 1 vol. Blackstone's Commentaries, 4 vols.
Griffith's Practice under the Judica Forsyth's Constitutional Law, 1 vol .
ture Acts, 1 vol . Hallam's Middle Ages, 3 vols.
Hunter's Suit in Equity, 1 vol . Constitutional History , 3
Morgan's Chancery Acts and Orders, vols .
1 vol . May’s Constitutional History, 3 vols.
Morgan and Davey's Costs in Parliamentary Practice, 1 vol .
Chancery, 1 vol . Stubb's Constitutional History.
Pemberton on Supplement and Re Taswell Langmead's Constitutional
vivor, 1 vol. History, 1 vol.
Roche and Hazlitt on Bankruptcy, V. ROMAN LAW AND JURISPRUDENCE.
1 vol . Austin's Jurisprudence , 2 vols.
Seton on Decrees, 2 vols . Bentham , by Dumont, 3 vols.
Wilson's (Arthur) Practice under Brown's Savigny on Obligations, 1
the Judicature Acts, 1 vol. vol .
III. REAL AND PERSONAL PROPERTY . Gaius' Commentaries , 1 vol.
(A.) General Principles, and Particular Justinian's Institutes, 1 vol.
Doctrines : 99 Digest and Code, &c., 8
Burton's Compendium , 1 vol. vols.
Dart's Vendors and Purchasers, 2 Ortolan's Justinian, 3 vols.
vols. VI. INTERNATIONAL LAW.
Deane's Principles of Conveyancing, Clarke on Extradition , 1 vol .
1 vol. Foote's Private International Juris
Elton on Copyholds, 1 vol . prudence, 1 vol .
Fawcett's Landlord and Tenant, Guthrie's Savigny's Private Inter
1 vol . national Law , 1 vol .
Jarman on Wills, 2 vols. Ortolan’s Diplomatie de la Mer, 2
Platt on Leases, 2 vols. vols.
Preston on Conveyances, 3 vols. Westlake's Private International
2 Estates, 1 vol. Law , 1 vol .
Scriven on Copy holds, 1 vol . Wharton's International Law , 1 vol .
Shelford's Real Property Statutes, Wheaton's International Law , 1 vol .
1 vol . History of same, 1 vol .
Sheppard's Touchstone, 2 vols. Wolsey's International Law , 1 vol.
Smith's Real and Personal Property, VII, GENERAL DIGESTS, REPERTORIES, &c.
2 vols. Blackstone's Commentaries, 4 vols.
Sugden's Vendors and Purchasers, Chitty's Equity Index, 4 vols.
1 vol . 99 Statutes, 4 vols.
Tudor's Leading Cases, Convey Clark's House of Lords Digest, 1 vol .
ancing, 1 vol. Coke's Institutes, 6 vols.
Williams's Personal Property, 1 vol. Reports, 6 vols.
" Real Property, 1 vol . Cruise's Digest, 6 vols.
on Executors and Admi. Harrison's Digest, by Fisher, 5 vols.
nistrators, 2 vols. Justinian's Digest, Code, &c.
Woodfall's Landlord and Tenant, Law Reports' Digests.
1 vol . Williams's Saunders' Reports, 2 vols.
A NEW LAW DICTIONARY .
À MENSÂ ET THORO. “ From board ABANDONMENT - continued.

and bed . " See titles DIVORCE ; JUDICIAL means its discontinuance . See title Dis
SEPARATION. CONTINUANCE .
À VINCULO MATRIMONII. “ From the ABANDONMENT OF CARGO OR VES
bond of matrimony." See title DIVORCE. SEL. In the case of marine insurance,
where the vessel or goods insured are
AB INITIO, TRESPASS : See title TRES damaged beyond repair or recovery, but
PASS .
are not actually or completely destroyed or
AB INTESTATO : See titles INTESTATE ; lost, the insured may ABANDON the vessel
TESTATE. or goods to the underwriter, and thereafter
ABANDONED MOTION , Where any recover upon his policy of insurance as for
person has given notice of motion either a total loss. ( See title Total Loss .) A
interlocutory or by way of appeal , and policy in express terms confined to total
afterwards fails to bring on his motion loss extends to such constructire total loss
without otherwise saving it, he is liable to ( Adams v. Mackenzie, 13 C. B. ( N.S.) 412 ).
pay the entire costs of the abandoned The propriety of the abandonment in any
motion to the other party or parties served particular case depends upon the question,
with notice of the motion ( In re Oakwell whether an uninsured owner being upon
Collieries, 7 Ch . Div. 706). the spot would or not in the particular
case in the exercise of ordinary mercantile
ABANDONMENT. This a word of very prudence have incurred the expenses of
frequent occurrence in law, and in general repairing the vessel or ( as the case may
its legal meaning coincides with its natural be) of recovering the goods ( Roux v.
or popular meaning. Thus, Salvador, 3 B. N. C. 266 ). Notice of the
(1.) The Abandonment of Children , abandonment must be given to the under
means the desertion and exposureof chil- writer at the earliest moment (Dean v.
dren under two years of age, whereby their Hornby, 3 E. & B. 180) ; and such notice
life is endangered or their permanent must proceed from the real owner and not
health injured( 24 & 25 Vict. c.100, s. 27 ; from å mere incumbrancer or mortgagee
R. v. Falkingham , L. R. 1 C. C. R. 222 ; ( Jardine v. Leathley, 32 L. J. Q. B. 132).
R. v.White, L. R. 1 C. C. R. 311 ). See The notice must be couched in positive
title CHILD, ABANDONMENT OF. terms ( Thelusson v. Fletcher, 1 Esp. 73) ;
(2. ) The Abandonment of a Distress, but it need not be in writing( Parmeter v.
means throwing up the distress. See title
DISTRESS .
Todhunter, 1 Camp. 541). The effect of
the abandonment is to transfer the whole
(3.) The Abandonment of an Execution ,- property in the vessel or goods to the
means withdrawing from the possession of underwriter as from the date of the loss
the goods seized . See title EXECUTION. ( Cammell v. Sewell, 3 H. & N. 617 ; 5 H &
(4.) The Abandonment of the Excess, – N. 728) ; and the underwriter is therefire
means in a County Court action giving up entitled to whatever advantage he can
the debt so far as it exceeds the County make of the vessel or goods abandoned.
Court limit of jurisdiction , £50 being that If he should complete the voyage, he be.
limit. See title COUNTY COURTS, JURISDIC-
TION OF .
comes entitled to receive in addition that
portion of the freight which is earned after
(5.) The Abandonment ofShip or Cargo, the abandonment , where the freight is
-means giving up wholly to the under- divisible, and where it is indivisible, he
writers the ship and cargo insured, in becomes entitled [by survivorship ) to the
order to claim the entire sum insured . See whole (Case v. Davidson, 5 M. & S. 79 ;
titles CARGO ; Total Loss ; UNDERWRITERS. 2 B. & B. 379 ).
(6.) The Abandonment of an Action, See titles INSURANCE ; UNDERWRITERS .
B
2
ABANDONMENT OF DOMICILE : See ABATEMENT OF ACTIONS — continued.
title DOMICILE .
ABANDONMENT OF LEGAL PROCEED cery Jurisdiction Amendment Act, 1852
(s . 52) as to actions in Chancery, may be
INGS. When a plaintiff has become aware taken to be now wholly superseded by the
of any defendant's defence, whether before Orders and Rules under the Judicature
delivery of same, or at any time before Acts , 1873–77, the exact purport of which
replying thereto , he may wholly discon is as follows :
tinue his action, without any leave to do In case any party to an action dies,
so ,by delivering a notice in writing to that marries, or becomes bankrupt , and thereby
effect. And he may do the like at any some devolution of estate or interest arises
subsequent stage of the action , but only by operation of law , the action is not to be
with the leave of the Court or of a judge deemed abated ( Order L., rule 1 ) ; but the
and upon terms. Leave is not granted as Court may order (as the case may require)
a matter of course ( Stahlschmidt v. Wal the personal representative, or the hus
ford, 4 Q. B. Div. 217). This abandoument band, or the trustee, or other the successor
or discontinuance does not prejudice any in interest to be made (if necessary) a party
subsequent action , unless in the case of to the action or to be served with notice
leave to discontinue one of the terms is to thereof, and the Court may also otherwise
that effect ( Order xxIII., rule 1 ). order as may be just ( Order L., rule 2 ).
plaintiff is in each case to pay to the Th
de
e
The order is made on summons or motion
fendant the costs of the action, and for supported by an affidavit of the event
such costs the defendant may sign judg occasioning the devolution of interest
ment . Where an injunction has been
(Order L., rule 4). And where pending
granted to the plaintiff on his undertaking the action, there is any devolution of in
as to damages, the action continues as to terest by act of the party , the action is not
such undertaking even after a discontinu . to be deemed abated ( Order L., rule 1 ),
ance ( Newcomen v. Coulson, L. R. 7 Ch . but may be continued against the successor
Div. 764). An action , when entered for in interest ( Order L., rule 3), and the re
trial, may be withdrawn by consent of all quisite order may be obtained upon an ex
parties, either the plaintiff or the defen parte application (by summons or motion )
dant producing the requisite consent in supported by an affidavit of the fact of the
writing (Order XXIII . , rule 2a ). devolution of interest . The like procedure
ABANDONMENT OF RAILWAYS. applies
into wher
exis tencee any pers
after writ interest
on issue d , his comees
ed subs
Under the Abandonmentof Railways Act, quent coming into existence operating, in
1850 ( 13 & 14 Vict. c. 83 ), and the Act fact , as a devolution of interest ( Order L.,
14 & 15 Vict. c. 105, and the Railway rule 4 ).
Companies Act, 1867 ( 30 & 31 Vict. c. 127 ), The order in all the foregoing cases is
ss. 31-35, any company authorised by called an order of revivor ; and the order
statute passed previously to 1867 to make rev r is to be served on the continuing
a railway may , with the consent of the party ivo
of or parties, and also upon the new ( or
holders of three - fifths of the shares or stock substi tutionary) parties or party to the
(if so much subscribed ) of the company,
apply to the Board of Trade for the Board's actionof, and
time becoonmesthebind
service parting as ed
y serv thee
fromther
warrant to abandon the construction of with ( Order L., rule 5 ), subject, neverthe
their railway or of part thereof, and the less, to be discharged upon application at
Board may, if it deem the abandonment any time within twelve days after service
expedient, issue its warrant for such aban- Orde
( r L., rule
6), or
(in case of effectiv
e
donment .; and the warrant operates to disa bility) within twelve days after re
release the company (Act 1850, s. 19) from moval of such effective disability .
the duty of constructing the railway, sub
ject nevertheless to certain liabilities to souEffe ess eofdisa
ndnctiv minbili is ninfthe
d ,tywhe ancinf
y orantun
or
make compensation to various persons unsound person has neither a guardian ad
aggrieved ( Act 1850, ss. 19–22, 26 ). See litem nor ( being a lunatic so found by in
Godefroi & Shortt, pp . 500–3.
quisition) a committee. Coverture is not
ABANDONMENT OF SEAMEN : See title an effective disability as regards revivor of
SEAMEN . actions.
But there cannot be ( nor need there be)
ABATE : See next following titles. any such order of revivor, if the cause of
ABATEMENT OF ACTIONS. The pro- actionpar
the not
dotic ulasur vivty
r par contin
e or(Ord rege ard
L.,asrul
er ue 1).s
visions regarding abatement, and remedy- ( See Lloyd v. Dimmack , 7 Ch. Div . 398 ).
ing same, that were contained in the An executor may revive, but only when
C. L. P. Act, 1852 (ss. 135–141 ), as to the interest of the intestate is a transmis
actions at Common Law , and in the Chan- sible interest ( Twycross v. Grant, 4 C. P.
A NEW LAW DICTIONARY. 3
ABATEMENT OF ACTIONS - continued . ABATEMENT OF RENT - continued .

Div. 40). An executor by reviving the ment. No parul agreement to make such
action makes the action his own , and there an abatement is binding. Leringe v.
fore is liable personally to costs ( Boynton O'Brien, 4 Ir. Jur. 22.
v. Boynton , 9 Ch . Div. 250) ; whence,
semble, he cannot be compelled to revive ABATEMENT OF WRIT . This was the
(Wingrove v . Thompson, W. N. 1879, p . 59 ; defeat or overthrow of a writ. Thus, in
and see Wright v. Swindon Ry. Co., 7 Ch. stat. 11 Hen . 6, c. 2, the words are, that the
Div. 412). justices shall cause the said writ to be
The old rule that there could be no re abated and quashed. So in Staundf. P. C.
vivor as to costs only, which was inequit 148 , it is said that an appeal shall abate
able in its operation and wholly devoid of and be defeated by reason of covin or
principle, has been abrogated by the Soli deceit.
citors Act, 1870 (33 & 34 Vict. c. 28), the
19th section of which gives to the “ person ABATEMENT, PLEADINGS IN : See
interested ” under the decree or order a next title .
right to revive as often as may be neces
sary. N.B .-- The decree or order must ABATEMENT, PLEAS IN . These pleas,
have been for payment of costs in an action. which were also called dilatory pleas, be
Under the Bankruptcy Act, 1869 (32 & cause they delayed for the time the further
33 Vict. c. 71 ), s. 80, it is provided that progress of the suit, or action, or prosecu
when a debtor who has been adjudicated a tion, were pleas of some matter not material
bankrupt dies, the Court may order that to the merits of the proceeding, but techni
the proceedings in the matter be continued cally necessary or proper ; and as such they
as if he were alive. were opposed to pleasin bar or peremptory
pleas. They occurred either in civil or in
ABATEMENT OF LEGACIES : See title criminal proceedings
voceedin. gs - Th we th
LEGACIES. I. In ey re e
ABATEMENT OF NUISANCE . In the following :
case of a public nuisance the party abating ( 1.) To the jurisdiction of the Court ;
same must have sustained some particular or (2.) To the person of the plaintiff';
special damage from it, i.e. , some damage as that ( a ) He is an outlaw ;
other than and besides the general incon . or (b) He is an alien ;
venience sustained by the public at large or (C) He is an excommu
nicated person ;
(Mayor of Colchester v.Brook, 7 Q. B. 339) ; or ( d ) He is an attainted
but in the case of a private nuisance the person , and such
party prejudiced mayat onceabate same like ;
( Lonsdale ( Earl) v. Nelson, 2 B. & C. 302). (3.) To the person of the defendant;
However, the abatement must be made as that (a) He is privileged ;
without any breach of the peace, and also
without doing any unnecessary damage or (6) He is misnamed (see
title MISNOMER ) ;
( Roberts v. Rose, 4 H. L. C. 163). Under or (c) He is misdescribed
the statute 38 & 39 Vict. c . 55, and the
other Acts relative to the preservation of (see title ADDI
the public health , local authorities and TION) ;
their officers may abate nuisances in the (4.) To the writ and action ; and fore
merly
manner mentioned in the Acts ( Scarborough
( Mayor, &c.)v . Scarborough Sanitary Au (5.) On account of certain events
thority. 1 Exch. Div. 344 ; St. Helens' happening, namely,–
Chemical Co. v. St. Helens' Corporation , (a) The demise of the sovereign,
1 Exch. Div. 196 ). corrected by 1 Edw . 6, c . 7,
See also title NUISANCE. and other subsequent sta
tutes ;
ABATEMENT OF POSSESSION . This is (b) The marriage of the / cor
that species of injury to real property which The death parties / rected
is committed when a stranger, upon the by C. L. P. Act, 1852, and
death of an owner in fee, enters upon and Chancery Jurisdiction Act,
takes possession of the land in esclusion of 1852, and by the Judicature
the heir or devisee of such deceased owner. Acts, 1873-7 (see title
See also titles DETAINER ; DISSEISIN ; A BATEMENT OF ACTIONS).
DISTURBANCE ; INTRUSION . II. In criminal proceedings, they are,
generally speaking, the same ; but under
ABATEMENT OF RENT. This is an the statute 7 Geo. 4, c. 64, s. 19, no iudict
agreement to accept a less sum for rent ment or information is to be abated for
than that comprised in the original agree mismomer, or addition, but the same shall
B 2
4 A NEW LAW DICTIONARY.
ABATEMENT, PLEAS IN — continued . ABBAT - continued .
be amended if the Court is satisfied by having episcopal authority, and not being
affidavit of the true name or description. themselves subject to the jurisdiction of
Sce Rex v. Shakspeare, 10 East, 83. any diocesan, but others were unmitred
Inasmuch as pleas in abatement were and were subject to such jurisdiction.
odious, theymust have been certain to every The mitred abbats alone were lords of par
intent ( 2 Wms. Saund. 620 ), and must have liament. It is supposed that there were
gone so far as to specify the true mode of twenty -seven such parliamentary abbats.
procedure ( Evans v. Stevens, 4 T. R. 227 ) : All the abbacies are supposed to have been
and the rule holds good in criminal cases founded between 602 and 1133. An abbat
( O'Connell v. Reg. ( in error), 11 Cl . & F. together with his monks formed a convent,
155 ). And so a plea in abatement for and were a corporation . By statute 27
non -joinder of defendants should have Hen . 8, c. 28, the lesser monasteries were
mentioned all the co defendants who were abolished, and by statute 31 Hen . 8, c. 13,
not joined ( Crellin v. Calvert, 14 M. & W. the larger ones were dissolved also.
11). Every such plea must also have been
verified by affidavit (4 & 5 Anne, c. 16 , ABDICATION . This is a renunciation
8. 11 ), otherwise the plaintiff might sign of otlice by some magistrate or other per
judgment ( Poole v. Pembrey , 1 Dowl . 692) ; son in office before the natural expiration
and such affidavit must have been delivered thereof. Such a renunciation differs from
with the plea, unless an extension of time a resignation of office , being usually pure
were granted . The time for pleading was and simple, whereas resignation is com
also very limited, being four days after de mouly in favour of some particular succes
claration ( Ryland v. Wormwald , 5 Dowl. sor. James II. was considered to have
581 ). abdicated the Crown in 1688.
Upon issue joined on a plea in abate
ment, the judgment, when for the plaintiff, ABDUCTION . This word is commonly
might be of either of two kinds, namely ,- used of the criminal offence of carrying off
(1.) Final, as when the issue was an issue females on account of their fortunes. See
of fact ; or statute 9 Geo . 4, c. 31 ; but the law is now
(2. ) Respondeat ouster, as when the comprised in 24 & 25 Vict. c. 100, ss. 53-4,
issue was one of law. which has provided that ( in effect ) any one
Pleas generally, whether in bar or in who from motives of lucre or by force takes
abatement, must have been pleaded in the away a female of any age, or by fraud
following order, which was invariable, takes away any female under twenty -one
namely, - years of age, with intent to marry her or
( i. ) To the jurisdiction ; to procure her to be married , or to carnally
(ii .) In abatement, know her or procure her to be carnally
(a) To the person ( 1 ) of the plaintiff, known , such female being possessed of
or (2) of the defendant, or entitled to property either in pos
(6) To the count, session , reversion, contingency, or ex.
(c) To the writ ; pectancy, shall be guilty of felony, and
(iii. ) In bar of the action. liable upon conviction to penal servitude
Pleading a plea in any one of these for not less than five or more than fourteen
classes was a waiver of the right to plead years, or to imprisonment for a period not
in any of the preceding classes. As exceeding two years, with or without hard
regards all civil proceedings ( being
actions ', in lieu of pleading in abatement,
labour, and shall be incapable of taking any
benefit or interest from or in the female's
the party may now apply to the Court property, which is to be settled by the
summarily (by motion or on summons ) for Court upon an information at suit of the
an order to remedy the alleged defect in Attorney -General. And by the same
the pleading objected to, or to dismiss the statute (24 & 25 Vict. c. 100 ), s. 55, the
action, or for such other relief as is proper unlawfully taking away any unmarried
to be granted. And quære, whether these female under the age of sixteen years out
summary applications should now follow of the possession and agaiust the will of
one another in the old order in which pleas her parents or guardian is a misdemeanour ;
in abatement used to be pleaded . and under 8. 56 of the same Act the like
See also title PLEAS IN BAR. offence in respect of an unmarried female
under the age of fourteen years is A
ABBAT, called also Abbot, was a spiritual felony. See title MARRIAGE.
lord , and abbacy was the lordship with
the revenues thereof and the spiritual ABET.—Encourage : See title ABETTORS.
duties attaching thereto. In England,
abbats were either elective or presenta- ABETTORS : See title AIDERS AND
tive ; and again some abbats were mitred, ABETFORS.
ABEYANCE . This word as applied to ABILITY TO PAY - continued .

real property, whether estates or dignities, ment under this section is to operate as a
denotes that the same are in expectation, satisfaction or extinguishment of any debt
remembrance, or intendment of the law. or demand, or cause of action, or to de
Abeyanceis said to be of two sorts, being prive any person of any right to take out
either- (1) Abeyance of the fee simple, or execution against the lauds or goods of
(2) Abeyance of the freehold . The first the person imprisoned .
is where there is an actual estate of free
hold in esse, but the right to the fee simple ABJURATION . This is a foreswearing
is suspended, and is to revive upon the or renouncing upon oath. To abjure the
happening of some event ; e.g. in the case realm was to take an oath to quit it for
of a lease to A. for life, remainder to the ever, and such abjuring persons were and
right heirs of B. who is alive, the fee are civilly dead. So also to abjure the
simple is in abeyance until B. dies ( Co. Pretender was to take an oath disclaiming
Litt. 342 b.) Similarly, during the incum- all allegiance or obedience to him . The
bency of each successive incumbent of a oath of abjuration is a natural issue from
church, he having only a freehold interest the duty of allegiance ,but, apparently, was
therein , the fee simple is in abeyance not devised until after the Revolution of
( Litt SS 644-6. ) The second species of abey- 1688, when the 7 & 8 Will . 3, c. 27, first
ance, i.e. an abeyance of the freehold itself, imposed it in respect of temporal sove
occurs on the death of an incumbent, and reigns at least. ( See title PRÆMUNIRE, as
until the appointment of his successor to spiritual sovereigns.) More recently
( Litt. $ 617.) But saving this one case, the theoath of abjuration has been wrapped
freebold is never in abeyance, and cannot up in the oath of allegiance prescribed by
possibly be so. the 21 & 22 Vict. c . 48, s. 1 , which is
It was customary in speaking of a thing in theso words : “ I, A. B., do swear that
in abeyance to say that it was “ in nubi I will be faithful and bear true allegiance
bus” (which was rather a profane expres to Her Majesty Queen Victoria, & c , and I
sion ), or “ in gremio legis " ( Carter v. do faithfully promise to maintain , & c."
Barnardiston , 1 P. Wms. 516 ), the latter the succession to the Crown as settled by
phrase denoting that the fee simple or the Act of Settlement, 1701 ( 12 & 13
freehold which was in abeyance was mean Will. 3, c. 2), “ bereby utterly renouncing
while under the care or protection of the and abjuring any obedience or allegiance
law. unto any other person claiming or pre
There is no abeyance either of the fee tending a right to the Crown of this realm ;
simple or of the freehold in the case of and I do doclare that uo foreign prince,
conveyances operating under the Statute person, prelate, state, or potentate, hath
of Uses, for in these what is not given or ought to have any jurisdiction, power,
away remains in the grantor until it is so superiority, pre -eminence , or authority,
given. ecclesiastical or spiritual, within this
realm . ” Under the Naturalization Act,
ABHORRERS. A name applied to the 1870 (33 & 34 Vict. c. 14 ), 8. 9, the
Crown party (afterwards called Tories) in oath of allegiance leaves out the words of
the reign of Charles II., because they ex abjuration, being merely an expression of
pressed their strong disapproval (i.e. “ ab the positive duty of allegiance to the
horrence " ) of the custoni then growing up Queen.
of petitioning the Crown for theassembling Formerly, i.e. , in the time of Edward
of Parliament,—the Crown had forbidden the Confessor, and the other succeeding
such petitioning, by proclamation in 1679. sovereigns, down to the reign of James I.,
The opposite party were called “ Petition if a person compitted a felony he might
ers." The free right to petition was after obtain sanctuary in a church or church .
wards recognised in the Bill of Rights. yard : and there on confession of the crime,
See titles Bill of Rights ; PETITION, he might abjure the realm. But this
SUBJECT's Right To . privilege growing into an abuse, the thing
ABILITY TO PAY . Before any one was abolished by 21 Jac. 1 , c. 28, since
may be imprisoned at the present day under which statute this kind of abjuration has
the 32 & 33 Vict. c. 62 (The Debtors Act, ceased . 2 Inst. 629.
1869 ), it is necessary (subject to the excep- ABORTION . Under the statute 24 &
tions mentioned in 8. 4 of the Act), that 25 Vict. c. 100, s. 58, any woman being
the debtor should have had since the date with child who with intent to procure her
of the order or judgment the means to own miscarriage, unlawfully administers
pay the sum in respect of which he has to herself any poison, or uses any instru
made default, s. 5 of the Act being sub- ment with the like intent, and any person
stituted for ss. 98 and 99 of the County other than the woman doing for her tho
Court Act, 1816. Moreover, no imprison- like (whether or not the woman is with
6 A NEW LAW DICTIONARY .
ABORTION - continued . ABSENCE - continued .
child ), is guilty of Felony ; and by 8. 59, fifteen years, and one-tenth part if after
the person supplying such poison or in fifteen years and before thirty ; if after
strument with knowledge of the intended thirty, they return no part at all, and
unlawful use thereof, is guilty of a misde cease to be accountable, their security
meanour. For the complete commission of being discharged. The consort of such
this offence, the earlier statutes of 43 Geo. an absentee may re -marry, and the second
3, c. 58, and 9 Geo. 4, c. 31 , 8. 14 , had marriage is not impeachable excepting
required that the woman should be quick the absentee ( personally ).
with child ; but that is no longer a re ABSENCE BEYOND SEAS.–Used to be
quisite. R. v. Goodall, 2 C. & K. 293 ;
R. v. Isaacs, 9 Cox, C. C. 228 ; Arch. Crim . a disability in a plaintiff, entitling him to
Pl . and Evid. 711 . further time to bring his action after his
return home; but it has now ceased to be so
ABRIDGMENT . That is an epitome. (M. L. Amendment Act, 1856, 19 & 20 Vict.
The principal abridgments of the law are c. 97 ), subject to this exception , viz. :
the following ; the time for appealing to the House of Lords
1516. Fitzherbert's Abridgment, going is one year after returning from abroad,
dowa to 21 Henry VII . so only five years in all be not exceeded
1568. Brooke's “ Grand Abridgment,” ( Appellate Jurisdiction Act, 1876, S.O. i. ).
going down to Elizabeth. On the part of a defendant, absence still
Statham's Abridgment, going prevents the Statute of Limitations run
down to Henry VI. ning so as to protect him against actions,
1762. Comyns' Digest. provided the statute has not commenced
1736-51. Bacon's Abridginent. running before he went abroad. But when
1741--51 . Viner's Abridgment. once the statute has begun to run , no sub
1799–1806, with Supplement. sequent absence (or other disability ) will
1853. Chitty's Equity Index, 3rd Ed.; prevent its continuing to run ( Rhodes v.
and Smethurst, 6 M. & W. 351) .
1870. Harrison's Digest, by Fisher. ABSENTING HIMSELF. This conduct,
ABSCONDING DEBTOR .
if done with the intention of avoiding
Under the
Debtors Act, 1869 (32 & 33 Vict. c. 62 ).
one's creditors, is an act of bankruptcy
sufficient to found an adjudication of
s. 12, a bankrupt or liquidating debtor, bankruptcy within the meaning of the
who either after or within four months
before the commencement of the bank
Bankruptıy Act, 1869, s. 6.
See title BANKRUPTCY.
ruptcy or liquidation, quits England, and ABSQUE HOC (without this). These
wrongfully takes with him property to the were formal words made use of in the con
amount of £20 or upwards, is guilty of
felony And under the statute 33 & 34 clusion of a special traverse , and the
Vict. c. 76, intituled “ The Absconding traverse itself was thence frequentlycalled
Debtors Act, 1870," such a debtor may be a traverse with an absque hoc. These
arrested, notwithstanding the abolition of words were not essential to a special tra
arrest on mesne process by the Debtors verse , others of a similar import being
Act, 1869 (32 & 33 Vict. c. 62 ), s. 6. sometimes used in their stead ; their object
See title Ne ExEAT REGNO , WRIT OF. was directly to deny some proposition or
averment setforth in the plaintiff's decla
ABSENCE. In French law, where a ration. By the C. L. P. Act, 1852, s. 65 ,
person has absented himself , from his resi it was enacted that special traverses should
dence and domicile for four years, and not be necessary in any pleading ; but
nothing has meanwhile been heard of under the Judicature Acts, 1873–7, a
him , a declaration of absence may be party must deny specifically, or state speci
obtained against him ( la déclaration fically that he does not admit, every
d'absence), one year after the parties have material allegation in the previous plead
applied for same, failing the success of the ing which he wishes to traverse or to not
inquiries for him that are officially directed admit ; and he frequently does so , intro
upon such application. The effect of such ducing his special traverse with the words,
a declaration is to put his next of kin “ save as aforesaid," or words to the like
(héritiers présomptifs), into possession of effect.
his property, they giving security, and dis See titles DE INJURIÂ ; REPLICATION ;
tributing the property according to the PLEADING ; SPECIAL TRAVERSE.
will of the absent person, or ( in the case ABSTRACT OF TITLE . This is an
of intestacy), according to law . In case epitome of the vendor's evidence of owner
the absentee returns home, the next of kin ship. It should commence with a purchase
are accountable to him , and return him a deed or marriage settlement ; and if it
fitth part of the income if he returns before commences with a will, proof of the testa
ABSTRACT OF TITLE - continued . ABSTRACT OF TITLE - continued .

tor's seisin or possession, or at any rate of and all subsequent 'assignments thereof,
his receipt of the rents and profits at the unless where the original lease is of very
time of his decease should be furnished . ancient date, when some of the mesne
If the abstract commences with a disen- assignments may be left out. Also , when
tailing deed (or fine or common recovery ), the lease is less than sixty years old, the
then the creation of the entail which pur- lessor's title required to have been shewn ;
ports to be barred thereby ought to be but now under the Vendor and Purchaser's
shewn . The abstract should set forth in Act, 1874 (37 & 38 Vict. c. 78 ), under any
epitome every subsequent document relat- contract entered into after the 31st of
ing to or affecting the title, excepting December, 1874, that is no longer required .
leases which have expired , but not except- When land (whether freehold or lease
ing mortgages, although the money has hold), has devolved upon any one by the
been repaid, unless perhaps, where the death of another since the 19th of May,
mortgage was only equitable ( Drummond 1853, the payment of succession duty must
v. Tracy, John . 608 ). But a deed which be shewn.
does not affect the right to sell need not By the Act 22 & 23 Vict. c. 35, s. 24,
be abstracted . When it is necessary ( as it the wilful concealment of any document,
almost always is), to shew the birth , death, or the falsification thereof, is a misde
or marriage of any person , the proper meanour.
certificates ofthese facts must be produced ; It is usual, however, limit the con
when it is necessary to prove a pedigree, tents of the abstract of title by special
as where a descent occurs in the course of conditions of sale ; and, whether so limited
the abstract, then the heirships must be or not, the abstract delivered must be a
proved if possible by strict evidence, i.e., “ perfect ” abstract, i.e., as perfect as the
by means of certificates of births, deaths, vendor can make it at the time ( Dean's
and marriages, and by the wills and letters Conveyancing, 325).
of administration of persons having a pos- See title CONDITIONS OF SALE.
sible prior title : but failing such proof, ABUNDANTI CAUTELÂ : See title Pro
evidence of deeds, wills of relatives, ex MAJORI CAUTELA.
tracts from parish books, from family
Bibles, from tombstones, and such like, ABUTTALS (abutter). The buttings
may be given . It should also be shewn and boundings of land , either to the east,
that no outstanding interest requires to west, north, or south , shewing on what
be got in , such as dower, freebench, curtesy, other lands or places it does abut. But
or any unsatisfied charge ; also in the strictly speaking, the sides on the breadth
usual case ) that legacies charged on the are properly adjacentes, i.e., lying or bor
land have been paid; also (if the property dering, and only the ends on the length
is sold free of land tax ), the certificate of are abutlantes, i.e., abutting or bounding.
such redemption, together with the receipt Cowel.
and memorandum of registration , should The importance of a careful statement
be produced. Where the property sold of the abuttals in describing the parcels
is allotted land ( see title ALLOTMENT), the in conveyancing consists in the facility
abstract down to the award must be that thereby afforded of establishing the iden
of the title to the lands in respect of which tity of the lands or plots of land sold, at
the allotment was made ; and when the almost any distance of time. Also , in
allotment has been made indiscriminately in criminal law, in indictments for those
respect of lands held under different titles, offences which the law regards as being
all such titles must be shewn by the of a local character, an accurate descrip
abstract (Major v. Ward, 5 Hare, 604 ). tion is necessary, and this is often best
When the property sold is tithes ( in lay given by abuttals. Thus, an indictment
hands), the abstract should set forth the for not repairing a highway must specify
original grant from the Crown, and then, the situation of the road within the parish ;
omitting intermediate instruments, take also , on an indictment for nightpoaching,
up the history so as to shew a good sixty the locus in quo must be described either
(or forty ) years' title ; and the like rule by name, ownership, occupation , or abuttals,
holds good generally with reference to all and it would not be sufficient to describe
properties originating in grant from the it as a certain close in the parish of A.
Crown . Copyhold lands do not differ And by the rules of pleading (H. T. 16
materially from freehold lands, excepting Vict. r. 18 ) in an action of trespass quare
that the abstract consists for the most part clausum fregit, the close must have been
of copies of entries on the Court Rolls of designated in the declaration by name or
the Manor. abuttals, or other description, to avoid on
In the case of leasehold properties, the the one hand the necessity of the defen
abstract should show the original lease dant's pleading liberum tenementum, and
ABUTTALA continued . ACCEPTANCE OF OFFER . An offer
on the other hand the necessity of the may be withdrawn at any time before
plaintiff's new assigning ( Taylor on Evi acceptance, and even if there is a time
dence, 268, 327) ; and under the Judicature fixed for acceptance, semble, unless there is
Acts the like accuracy of specific descrip a binding agreement that the offer should
tion of the place of the alleged trespass is not be sooner withdrawn . An acceptance
still required. by letter is complete, so soon as the letter
See title PLEADING . is posted ; the withdrawal of either party
from a contract after acceptance is a breach
ACCELERATION : See title ACCUMU
LATIONS. of contract, see Cooke v . Oxley, 3 T. R.
653 ; Adams v. Lindsell, 1 B. & Ald . 681 ;
ACCEPTANCE AND RECEIPT. The ac Potter v. Sanders, 6 Ha. 1 ; Dunlop v.
ceptance which is intended by the Statute Higgins, 1 H. L. Ca. 381. See title
of Frauds must either precede or be con CONTRACTS.
temporaneous with the receipt of the goods,
and as there can be no receipt without ACCEPTANCE SUPRA PROTEST. When
delivery, it follows that the acceptance acceptance of a bill is refused by the
must be separated from the receipt by drawee, and the bill is thereupon protested
the delivery, thus,-1, acceptance ; 2, de (see title PROTEST) for non -acceptance, any
livery, and 3, receipt. Consequently the ac person may voluntarily accept it supra
coptance signifies a mere expression ofone's protest ( i.e., after protest) for the honour
of the drawer or of any one of the in
selectionof the particular goods or article. dorsers : The form of such an acceptance
Upon the goods being delivered and re
ceived, the purchaser if dissatisfied with is "“ Accepts S. P.” adding or not adding
those sent may return them ; consequently the person for whose honour it is made.
the acceptance and receipt which the The acceptor supra protest contracts a
statute speaks of does not preclude sub liability to pay that is conditional on the
sequent objection. drawee refusing to pay (Hoare v. Cazenove,
ACCEPTANCE FOR HONOUR : See
16 East, 391 ); anil after payment, the
titles ACCEPTANCE OF BILL ; ACCEPTANCE acceptor supra protest has a remedy over
SUPRA PROTEST.
against the person for whose honour he
accepted, and also against all (if any)
ACCEPTANCE OF BILL. When a bill partiesantecedent to him (Byles on Bills,
is drawn by A. B. upon C. D., and C. D. 10th ed ., 261-267 ).
writes [ the word " accepted ” and] his name ACCEPTILATIO . - In Roman law , was a
across the face of the bill, the bill becomes release of a verbal obligation , under the
his acceptance. Such an acceptance is
usually made by O. D. when he holds goods
fiction of an actual receipt and payment of
the debt. In the time of Gaius, a female
consigned to him by A. B. and not yet could not make such a release fragilitate
paid for, or when he is otherwise in debt to
muliebri. Actual payment was solutio.
A. B. When he accepts it under other See title EXPENSILATIO.
circumstances, the acceptance is for the
accommodation or honour of the drawer. ACCESS : See titles BASTARD ; Non
An acceptance by E. F., who is not a party ACCESS.
to the bill, would also be an acceptance for
honour. Every acceptance must since ACCESS OF LIGHT. Is an casement,
1 & 2 Geo. 4, c. 78, s. 2, be on the bill,-a
- attaching to houses, and is commonly
requisite which by the Mercantile Law called the easement of “ ancient lights."
Amendment Act, 1856 (19 & 20 Vict. When a building was entitled to ancient
c. 97, s. 6), is extended toa foreign bill as lights, and was pulled down and replaced
well as an inland one ; but by the statute by another, in which were material changes
41 Vict. c. 13 (Bills of Exchange Act,
6
both of size and of position of windows, it
1878), writing the word “ accepted " is was held that the right of access of light
dispensed with, a statute passed in conse was not lost, but that the entire right
quence of the decision in Hindhaugh v. remained, if any portion of the light which
Blakey, 3 C. P. Div. 136. An acceptance would have passed over the servient tene
may be either general, as where the word ment through the old windows passed
" accepted ,” either alone or with the words through the new windows ( N. P. Plate
“ payable at ” a particular place is written Glass Co. v. Prudential Assurance Co.,
on the bill, or it may be special, as where 6 Ch . Div. 757).
the words " and not elsewhere ” are added See title EASEMENTS,
to the particular place mentioned in the
acceptance for payment. For the general ACCESSARY . A person guilty of a
law as tothe liability of an acceptor, see felonious offence, not by being the actor,
titlo Bills OF EXCHANGE. or actual perpetrator, of the crime, nor by
ACCESSARY - continued . ACCESSIO - continued .

being present at its performance, but by like use of the word is not uncommon in
being some way concerned therein, either English law. Thus, the maxim “ accessio
before or after its commission . If he has cedit principali ” denotes generally that an
been concerned in it before its commission accessory thing when annexed to (as it
he is termed an accessary before the fact ; naturally is annexed to ) a principal thing
if after, an accessary after the fact. An becomes part and parcel of the latter, and
accessary before the fact is defined to be thereupon and thereby becomes the pro
one who, being absent at the time the perty of the owner of the principal thing.
crime is committed, yet procures, counsels, This mode of acquisition is particularly
or commands another to commit it ; and, illustrated by the Law of Fixtures, as well
in this case, absence is necessary to con- in English as in Roman law, the maxim of
stitute him an accessary, for if he be the English law being “ Quidquid plan
present, he is guilty of the crime as prin- tatur solo, solo cedit," and of the Roman
cipal. Thus, if &. advises B. to kill law being “ Omne quod inædificatur solo,
another, and B. does it in the absence of solo cedit.” ( See Brown on Fixtures, 3rd
A., in this case B. is principal and A. ed. 1875.) But the principle is of universal
accessary to the murder. An accessary application, applying to the incorporation
after the fact is one who, knowing a felony
a
of any substance of minor importance in ,
to have been committed, receives, relieves, or its addition to, another substance of a
comforts, or assists the felon ; and gener- larger or principal importance. By many
ally any assistance whatever given to a civilians it is used as the general term ,
felon, to hinder his being apprehended, including in it the various more particular
tried, or suffering punishment,makes such natural modes of acquisition, which are
assister an accessary, as furnishing him designated respectively, Alluvio, Specifi
with a horse to escape his pursuers, money catio, Confusio, Commixtio. See these
or victuals to support him , a house or other several titles.
shelter to conceal him, or using open force
and violence to rescue or protect him (2 ACCESSIO CEDIT PRINCIPALI : See
title ACCESSIO .
Hawk. P. C. 316, 317, 318 ) . And now by
stat. 24 & 25 Vict. c. 94, s. 1, it is enacted, ACCIDENT. This is any unforeseen
that whoever shall become an accessary event that is not attributable to the con
before the fact to any felony, maybe in- trivance or negligence of the party. It is
dicted , tried, convicted , and punished in all a rule of all systems of jurisprudence that
respects as if he were the principal felon . no one is liable for an accident, being
And by sect. 3 of the same statute, it is purely such (Wakeman v. Robinson, 1 Bing.
enacted that whoever shall become an 213 ; 8 Moore, 63) ; but it is an equally
accessary after the fact to any felony, may universal rule, that the slightest negli
be indicted and convicted either as an gence will exclude the defence of accident
accessary after the fact to the principal (Kearney v. London , Brighton, & c. Ry.
felony, together with the principal felon, Co. , L. R. 5 Q. B. 411 ). But this non
or after the conviction of the principal liability from accident does not, of course,
felon, or may be indicted and convicted of protect the purchaser of a specific chattel
a substantive felony, whether the prin- from payment of the price, in case the
cipal felon shall or shall not have been chattel is either injured or destroyed by
previously convicted, and may thereupon accident ( Tarling v. Baxter, Tudor's M.
be punished in like manner as any acces C. 596 ).
sary after the fact to the same felony, if The Courts of Equity go further than
convicted as an accessary , may be punished. the Courts of Law , and attempt even to
And see generally the last-mentioned Act, relieve parties against the consequences of
which is intituled “ An Act to consolidate accident, but within a limited group of
and amend the Statute Law of England cases only. Thus, if a party has, to begin
and Ireland relating to Accessaries to and with , a conscientious title to relief, then if
Abettors of Indictable Offences . ” the accident consists in the loss of a bond ,
To a misdemeanour there are no acces- or of a negotiable or non -negotiable instru
saries, as neither is there to the offence of ment, the Court of Chancery will assist
high treason. But see the Debtors Act, him to getting paid, upon the one condition
1869 (32 & 33 Vict. c. 62), ss. 11, 16, as to of his giving a bond of indemnity to the
liability of an accomplice in a fraudulent obligor against any possible second pay
bankruptcy. ment; but the Courts of Law also have now
See also title AIDERS AND ABETTORS. acquired jurisdiction to give relief in such
cases upon the like condition, 17 & 18
ACCESSIO . This is a term in Roman Vict. c. 125 (C. L. P. Act, 1854 ). Equity
Law used to denote a mode of acquisition will also occasionally relieve in the case of
of property by natural means; and the a lost deed ( Dalston v. Coutsworth, 1 P.
10 A NEW LAW DICTION .
ARY
ACCIDENT — continued . ACCIDENTS, INSURANCE AGAINST-
Wms. 731 ). With reference to a destroyed continued .
instrument, whether the same is negoti- species of insurance. Thus, the assuring
able (Wright v. Maidstone, 1 K. & J. 708) person must have an interest in the life
or non -negotiable (Byles on Bills, 372 ), of the assuree, under the stat. 14 Geo. 3,
Equity soems to give no relief, inasmuch c. 18, s. 2 ( Shilling v. Accidental Death In
as the Law can do so . Sed quære, Han- surance Co., 2 H. & N. 42). Also, there
sard v. Robinson, 7 B.& C. 95. must be a full disclosure of all circum
The Courts of Equity will also relieve stances material to the exposure to acci
against the defective execution of a power, dents ( Shilling's Case, supra ). It is usual
but that only in favour of a purchaser in such policies to provide that the injury
(including a mortgagee or lessee ), or of a from the accident insured against shall be
creditor, or of a wife , a child, or a charity. caused by some ontward and visible means
They also relieve against mistaken pay- of which satisfactory proof can be furnished
ments by an executor, decreeing, for ex- to the company ; as to the meaning of such
ample, the residuary legatees or next of a provision , see Trew v.Railway Passengers
kin to make up, i.e., refund, to an annui- Insurance Co., 5 H. & N. 211 ; ou app .
tant-legatee the diminution which the 6 H. & N. 839. And see generally Fisher's
annuity fund may bave sustained through Dig. 4926-30. Moneys paid on an acci
a reduction in the value of stock, occa- dent assurance policy cannot be taken into
sioned by Act of Parliament. account in reduction of damages sustained
But the Court refuses to extend its relief from the injury (Bradburn v. Great Western
to cases of contract, for there the parties Ry. Co., 10 Exch. 1).
have been to some extent negligent in not ACCOMMODATION : See the three next
providing against the particular casualty,
premises leased
e.g. , the destruction of premises lensed following titles..
( Bullock v. Dommitt, 6 T. R. 650) ; when ACCOMMODATION ACCEPTANCES : See
the contract coutains any such provision, it titles ACCEPTANCE FOR HONOUR ; ACCOMMO
is very strictly construed (Saner v. Bilton , DATION BILL.
7 Ch . Diy. 815) ; and the relief which the ACCOMMODATION BILL. — Is a bill
Court gives to one party will never be drawn by A. B. on C. D., and accepted by
given so as to prejudice another ( White v. the latter gratuitously or without consider
Nutts, 1 P. Wms. 61 ). ation , and merely for the benefit of A. B.
Of course, under the Judicature Acts, No action lies on it at suit of A. B. against
1873–7, the Courts or Divisions at Common C. D. , for want of any consideration between
Law now grant all the like relief in these them ; nor is A. B. entitled to receive any
cases that Equity does. notice of presentment and dishonour by
See also title ACCIDENTS, INSURANCE C.D., prior to any subsequent holder ofthe
AGAINST .
bill suing him on it ( Bickerdike v. Boll
ACCIDENTAL DEATH . For the law of mann, 1 T. R. 405) 3; save and except to the
compensation in the case of persons killed drawer, the acceptor is as much liable on
by railway accidents, see Lord Campbell's an accommodation bill to the bonâ fide
Act (9 & 10 Vict. c. 93 ) ; also the Act holder thereof as on a bill drawn for value
amending same (27 & 28 Vict. c. 95). By in the ordinary course of business.
the latter Actany of the persons beneficially See title BILL OF EXCHANGE.
interested in the deathmay, when no action ACCOMMODATION WORKS. Where
for compensation is brought within six under the Railways Clauses Act, 1815, any
months from the death by the executor or railway company takes land compulsorily
administrator of the deceased, bring such and intersects the land of the landowner,
action : and the defendant is enabled to the latter is entitled under s. 68 of the
pay a lump sum of money into Court, Act to require the company to make and at
without specifying the shares into which all times thereafter maintain the following
the same is to be divided among the parties works for the accommodation of the owners
interested . The jury in general indicate and occupiers of lands adjoining the rail
the shares in which the money is to be way, that is to say, convenient gates,
divided among the parties; and in case bridges, arches, culverts, and passages over
there is no jury , the Court appears to follow or under or by the sides of or leading to or
the proportions of the Statutes for the from the railway, necessary for making
Distribution of the effects of Intestates good any interruptions caused by the rail
( Sanderson v. Sanderson , W. N. 1877, p. way to the use of the intersected lands;
151). also, sufficient posts, rails, hedges, ditches,
ACCIDENTS, INSURANCE AGAINST. mounds, or other fences for separation of
The law of insurance in its general prin- the lands adjoining from the lands taken,
ciples is applicable to this particular and for the protection of cattle, &c., on the
ACCOMMODATION WORKS — continued . ACCORD AND SATISFACTION - contd . C
lands adjoining ; also, culverts and such 319) ; and a receipt given for money re
like arches for the conveyance of water ; ceived as compensation under circuin
also, proper watering places for cattle, &c., stances amounting to imposition, or even
with the incidental watercourses for supply- undue consideration, will not estop the
ing same. In lieu of such accommodation injured party even at Law (Roberts v .
works, the landowner may accept compen- Eastern Counties Ry. Co. 1 F. & F. 460 ;
sation in money. The compensation for Lee v. Lancashire and Yorkshire Ry. Co.,
accommodation works should also be kept L. R. 6 Ch . App. 527) .
distinct from the sum or sums paid by ACCOUNT : See next title.
way of purchase -money and compensation
money for severance. See Frend & Ware's ACCOUNT, ACTION OF. An action
Railway Precedents. which lies against a party to compel him
In respect of sewerage works, the Metro- to render an account to another with whom
politan Board of Works is under similar he has had transactions ; and the writ by
regulations (25 & 26 Vict. c. 102, 8. 25). which this action was commenced was
Lloyd on Compensation, 271. thence termed a writ of account ( F. N. B.
ACCOMPLICE : See title AIDERS AND 116 to 119 ; Co. Litt. 172 a). From the
ABETTORS ; PRINCIPALS AND ACCESSORIES. greater facilities, however, which were
afforded by the Courts of Equity in taking
ACCORD AND SATISFACTION . This is an account of profits or receipts, the action
a defence in law, consisting (as the name of account at law was seldom resorted to,
imports) of two parts : viz. something given one of the most recent cases in which it
or done to the plaintiff by the defendant was used being Beer v. Beer ( 12 C. B. 2 ).
as a satisfaction, and agreed to ( or ac . The action might still, however, be brought
corded ) as such by the plaintiff.— Therefore in a proper case : for by the common law,
accord without satisfaction is not a good it lay against a bailiff or receiver ; also,
plea ( Parker V. Ramsbottom , 3 B. & C. against one merchant at the suit of another
257), as neither is satisfaction without for not rendering a reasonable account of
accord ( Hardman v. Bellhouse, 9 M. & W. profits ; and by the stat. 4 Anne, c. 16,
596) ; but accord and satisfaction with one s. 27, it was made to lie by one joint tenant
of several enures to the benefit of all or tenant in common against the other as
(Wallace v. Rensall, 7 M. & W.264 ; Nichol- bailiff (although not expressly so appointed )
son v. Revill, 4 A. & E. 675). But the for receiving more thancomes to his just
satisfaction must be complete and executed share or proportion. This action as be
( Flockton v. Hall, 16 Q. B. 1039). tween merchants and merchants was an
In the case of an ascertained sum of exception to the Statute of Limitations (21
money, a less sum is no satisfaction for the Jac. 1 , c. 16, s. 3), but since the M. L. A.
debt unless there is some additional consi- Act, 1856 ( 19 & 20 Vict. c. 97 ), s. 9, it was
deration ( Fitch v. Sutton, 5 East, 230 ; no longer so, the limit for bringing the
Cumber v . Wane, 1 Sm . L. O., 6th ed. 301 ) ; action being now six years in all cases .
but in other cases the value of the satis- The equitable jurisdiction in account
faction is not inquired into ( Pinnel's Case, applied in the following cases :-( 1 .) Where
5 Rep. 117a ; Curlerois v. Clark, 3 Exch. a principal asked for an account against his
375 ) ; excepting so far as to ascertain that agent, there existing in this case a fiduciary
the chattel given in satisfaction isof some relation between the parties (Mackenzie v.
value (Preston v. Christmas, 2 Wils. 86 ; Johnston, 4 Mad. 373 ), but not in the con
Cartwright v. Cook, 3 B. & Ad. 701 ). One verse case of agent against principal (Pad
securityis no satisfaction for another, unless wick v. Stanley, 9 Hare, 627). (2. ) Where
it is of a higher or better quality than the there were mutual accounts between plain
original security : e.g. , by being negotiable tiff and defendant; i.e., when each of two
( Sibree v . Tripp, 15 M. & W. 23 ). parties had both received and paid on the
After breach , accord and satisfaction is other's account ( Phillips v. Phillips, 9 Hare ,
in general a good defence ( when specially 471 ). And (3.) where the accounts were of
pleaded) to an action on any contract, a very complicated character, and therefore
whether made by parol or by specialty not admitting of being examined on a trial
( Blake's Case, 6 Rep. 43 b) ;: unless where a at Nisi Prius ( O'Connor v. Spaight, 1 Sch.
sum certain is payable under the specialty & Lef, 305).
( Peyton's Case, 9 Rep. 79 a ) ; but before Since the coming into operation of the
breach it is never a good defence to an Judicature Acts, 1873-5, the jurisdiction
action on a specialty nam unumquodque in account has become co -extensive at law
eodem modoquo colligatur dissolvi debet.” and in equity ; consequently , no intricacy
An accord and satisfaction obtained by of account or fiduciary relation or other
fraud may be set aside in equity ( Stewart special ground is necessary now to found
v . Great Western Ry. Co., 2 De G. J. & 8 . the jurisdiction in equity ; and nothing
ACCOUNT, ACTION OF - continued . ACCOUNT STATED — continued .
but reasons of convenience should now 11 M. & W. 256) ; but see now Infants
determine whether the action should be Relief Act, 1874.
commenced at law or in equity.
Where an ordinary trust or partnership ACCOUNT, JUDGMENT FOR : See title
account is wanted in an action , the writ of ACCOUNT, ACTION OF.
summons should be indorsed with an ex ACCOUNTANT -GENERAL. This was an
press claim for an account, and in that officer of the Court of Chancery, appointed
way immediate judgment for an account by the statute 12 Geo. 1 , c. 32, but who
may be obtained . Order xv., rules 1 , 2. has since been superseded by an officer
ACCOUNT SETTLED . Settled accounts called the Paymaster -General of England ,
are accounts rendered by, e.J., a trustee or under the Chancery Funds Act, 1872
executor to his cestuis que trustent, or to the ( 35 & 36 Vict. c. 44), and the Chancery
residuary legatees upon their releasing Fund Rules , 1872, which came into opera
him of his accountability to them, and tion on the 7th January, 1873.
which accounts so rendered they have ap See title PaYMASTER -GENERAL.
proved and accepted. Usually settled ac ACCOUNTANT TO THE CROWN. This
counts are not opened , that is, taken over denotes generally one who receives money
again in toto, but the practice of the Court for the Crown, and is accountable therefor.
is at the most to give merely liberty to The Crown has a lien upon the lands (in
surcharge and falsify the accounts, and cluding the copyhold lands) of the ac
not even that unless at least one clear
error is proved .
countant for any moneys he may misapply
See titles ACCOUNT STATED ; SUR or become chargeable with, and such lien
attached as from the time he became such
CHARGE AND FALSIFY.
accountant, and continued to attach , even
ACCOUNT STATED . This is nothing as against purchasers of the lands without
more than the admission of a balance due notice (Coxhead's Case, F. Moore, 126).
from one party to another ; and that balance Since June 4th , 1839, every such lien of
being due there is a debt : and the state the Crown must be registered under 2 & 3
ment of the account implies a promise in Vict. c. 11 , and under the Act 22 & 23
law to pay the debt shewn by the balance. Vict. c. 35, must be re- registered every
For an account stated , it is requisite that five years ; but since 1st November, 1865,
a sum certain should be duc in certainty no future lien is to affect a purchaser,
( Hughes v. Thorpe, 5 M. & W. 656) ; but although with notice, until a writ of exe
the sum need not be payable inpræsenti cution has been registered, under 28 & 29
(Wheatly v. Williams, 1 M. & W. 533). Vict. c. 104.
The account must have been stated to the See title CROWN DEBT8.
creditor himself or his agent, and is not ACCOUNTS CURRENT. These are run
sufficient if made to a stranger ( Tucker
v. Barrow , 7 B. & C. 623). The statement ning accounts, or open accounts.
may be in writing or by word of mouth ACCRETION . A mode of acquisition by
( Singleton v. Barrett, 2 C. & J. 368) ; an natural law.
I, O, U, is evidence of an account stated See titles ACCESSIO ; ACCRUER, CLAUSE
(Jacobs v. Fisher, 1 O. B. 178). But to OF .
revive debts barred by statute, the account ACCRUER , CLAUSE OF. This is an
stated must be in writing ( 9 Geo . 4, c. 14,
8. 1 ). express clause frequently occurring in the
An account stated is not conclusive, but case of gifts by deed or will to persons as
an error therein may be shewn ( Thomas v. tenants in common, providing that upon
the death of one or more of the beneficiaries
Hawkes, 8 M. & W. 140) ; also, that an
item therein is not a valid debt for want of his or their shares shall go to the survivors
consideration (French v. French , 2 M. & G. or survivor. It is a ruleof law, that there
644). It is, however, no objection to a is “ no survivorship upon survivorship ;"
i.e. that the clause of accruer extends only
debt that it arose upon a contract which to the original, not also to the accrued,
was bad for want of writing within the shares, unless in terms the clause is ex
Statute of Frauds ( Cocking v. Ward, 1 C. B. pressly made to extend to the latter also,
858), unless the contract has continued
executory ( Lord Falmouth v. Thomas, 1 C. which it customarily is made to do. Pain
& M.89). v. Benson, 3 Atk. 80.
It is a rule of law, that an infant cannot ACCUMULATIONS. The rule which
state an account ( Trueman v. Hurst, 1 limits the accumulation of the income of
T. R. 40) ; upon attaining his age of property used to be the rule of perpe
twenty -one years he might, however, have tuities, viz., a life or lives in being, twenty
ratified such an account (Williamsv. Moor, one years, and (where gestation actually
ACCUMULATIONS — continued . ACCUMULATIONS — continued

existed ) the period of gestation ( Cadell v. interest to his next of
Palmer, 1 Cl. & F. 372) ; but, in conse kin (Sewell v. Denny, 10
quence of the supposed abuse of that rule Beav. 315) ; and
in Thellusson v. Woodford, 4 Ves. 112, and (6.) In the case of the heir
by virtue of the so -called Thellusson Act having taken a freehold
(39 & 40 Geo. 3, c. 98 ), the period within interest, to his next of
which such accumulation may at the present kin ( 1 Vict. c. 26, s. 6 ),
day be lawfully directed is one or other as being at the best an
severally, and not two or more together, of interest pur autre vie
the following periods, namely : only ;
( 1.) The life of the grantor; (2.) If there is a residuary devise,
(2.) The term of twenty -one years from the residuary devisce takes
the death of such grantor, or ( but (1 Vict. c. 26, s. 25).
in the case of a will only) from II. As topersonalty ,
the death of the testator ; (1.) If there is no residuary be
(3.) The minority or minorities of any quest, the next of kin take ;
life or lives in being, or in ventre, (2.) If there is a residuary bequest,
at the death of such grantor or of the residuary legatee takes
such testator (as the case may be) ; ( Haley v. Bannister, 4 Madd .
(4.) The minority or minorities of any 275), and takes as capital, as
person or persons who, under the to which, therefore, if tenant
deed or will (as the case may be ), for life, he would be entitled
is entitled to the income . or rather to the income of it only
would if of full age, and but for ( Crawley v . Crawley, 7 Sim.
the direction to accumulate, be 427) ; and
entitled thereto. III. As to realty and personalty equally.
The Thellusson Aet applies both to real If the income directed to be accumu
and to personal property ; also, whether the lated is the income of residue, then ,
direction to accumulate is given expressly (1.) So far as the residue consists of
in so manywords, or arises byimplication personal estate, the next of
only (Macdonald v . Bryce, 2 Keen , 276), kin take ( Pride v. Fooks,
taking place by operation of law , and with 2 Beav. 430) ; but
out regard to the question whether the (2.) So far as the residue consists of
accumulation , when it arises from an im real estate , the heir takes
plied direction, takes place accidentally or ( Wildes v. Davies, 1 Sm. &
necessarily ( Evans v. Hellier, 5 Cl . & F. 114 ), Giff. 475).
and also without regard to the question The Thellusson Act expressly excepts
whether the interests of takers are vested from its operation the following directions,
or not ( Shaw v. Rhodes, 1 My. & Cr. 135). namely ;
The direction to accumulate is, in the (1.) Provisions for the payment of the
general case, void as to the excess only debts, whether of the settlor or
( Marshall v. Holloway, 2 Sw. 450) ; but testator (as the case may be ), or
where the direction exceeds not only the of any other person ( Barrington
Jimit prescribed by the Thellusson Act, v. Liddell, 2 De G. M. & G. 480) ;
but also the rule of perpetuities, it is void and such provisions are also ex
in toto , and not merely as to the excess empt fromthe rule of perpetuities
( Boughton v. James, 1 Coll. 26). ( Briggs v . Oxford ( Earl), 1 De
The Thellusson Act directs that the G. M. & G. 363) ;
income directed to be accumulated shall, (2.) Provisions for raising portions,
80 far as the direction is void for excess, whether given by the same in
belong to the person or persons who " would strument or by a different one
have been entitled thereto if such accumu ( Beech v. Lord St. Vincent, 3 De
lation bad not been directed :" and the G. & Sm . 678), the parents of the
statute, in this part of it, has been con portionists taking , however, some
strued as follows : interest under the instrument
I. As to realty, which directs the accumulation
( 1.) If there is no residuary devise, ( Barrington v . Liddell, supra ),
the heir takes ( Eyre v. Mars however small that interest may
den , 2 Keen , 564) ; and in case be ( Erans v . Hellier, 5 Cl. & F.
of his death during the period 126 ), the interest of the parents
of excess, the future income acting analogously to the rule of
will go ; perpetuities, semble ;
(a.) In the case of the heir (3.) Provisions for raising a timber fund ,
having taken a chattel provided such provisions do not
ACCUMULATIONS — continued . ACKNOWLEDGMENT MONEY — contd .

exceed the rule of perpetuities tenants on the lord's death is, however, an
(Ferrand v. Wilson, 4 Hare, 314). analogous payment.
ACCUMULATIVE JUDGMENT. The ACKNOWLEDGMENT OF A DEBT. This
passing distiuct sentences for two or more consists in the admission that a debt is
distinct offences. By the Common Law owing. Its effect upon a debt is to cause
such a judgment could only be given in the statutory period of limitation to com
cases of misdemeanors, and not upon mence runninganew . The acknowledgment
convictions for felony, the party attainted must be in writing under Lord Tenterden's
of felony becoming thenceforth dead in Act (9 Geo. 4, c. 14 ), s. 1 , and must be
law . Latterly, however, by stat. 7 & 8 addressed to the creditor, or semble, his
Geo. 4, c. 28, s. 10 , the Court was em- agent ( Fuller v. Redman, 26 Beay. 614) ;
powered to pass a second sentence, to com- it may be signed either by the debtor him
mence after the expiration of the first, in a self or his agent ( 19 & 20 Vict.c. 97, s. 13).
case of felony ; and under the criminal The acknowledgment, in order to be suffi
statutes at present in force (24 & 25 Vict. ) cient, must involve a promise to pay
such accumulative punishments are in ( Tanner v. Smart, 6 B. & 0.002 ); therefore
general use , not exceeding three in all. the effect of a sufficient acknowledgment
See titles LARCENY ; PERJURY. of a debt already actually barred is the
ACCUSED. This is the generic name for same as the acknowledgment of a debt not
the defendant in a criminal case , and (as yet barred , i.e., the time will run afresh
not prejudging the case, but being a wholly from the last acknowledgment. An ac
neutraldescription ) it is more appropriate knowledgment by one of several joint
than either prisoner or defendant. Rex v. debtors affects him alone, and not the other
M'Naughten , 1 C. & K. 131 . non-acknowledging co -creditors (9 Geo . 4,
c. 14).
AC ETIAM BILLÆ . The ac etiam clause
was a form or fiction of law adopted first in ACKNOWLEDGMENT OF TITLE. Under
the Queen's Bench , and afterwards in the the stat. 3 & 4 Will . 4 , c. 27, s . 14, a written
Common Pleas, to give jurisdiction to these acknowledgment of the title of a person
Courts in actions for ordinary debts. The entitled to any land, when given to him or
bill of Middlesex in the Queen's Bench his agent, and signed by the party in pos
being framed only for actions of trespass ; session or in receipt of the rents and profits
and the statute, 13 Car. 2, st. 2, c . 2 , hay- of the lands, has the effect of rendering
ing required that the true cause of action such possession or receipt that of the per
should be expressed in the writ or process, son whose title is acknowledged ; and the
the Court of Queen’s Bench was in danger title of the latter to make an entry or to
of losing its entire jurisdiction in matters bring an action for the recovery of the
of debt ; to obviate that result, the ac etiam lands shall be deemed to accrue at the date
clause was invented. And some few years of such acknowledgment for the purpose of
afterwards, North, C.J., directed that in saving the Statute of Limitations. And the
the Common Pleas the like fiction should effect of such an acknowledgment is the
be added to the usual complaint of break- same under the present Real Property Limi
ing the pluintiff's close. But after the tations Act, 1874 (37 & 38 Vict.c. 57 ), which
Uniformity of Process Act(2 Will. 4, c . 39) came into operation on the lst January, 1879.
the necessity for this fiction ceased. ACCUSARE NEMO SE DEBET. An ac
ACKNOWLEDGED DEED : See titles cused may always plead not guilty , and in
DEED ACKNOWLEDGED ; FinE ; RECOVERY, general ought to so plead.
COMMON. See title Not GUILTY.
ACKNOWLEDGMENT BY MARRIED ACQUIESCENCE. Where a person hav
WOMEN : See titles DEED ACKNOWLEDGED ; ing a full knowledge of the facts ( Ramsden
FINE ; RECOVERY, COMMON . v . Dyson, 1 H. L. C. 129) viglects to dispute
ACKNOWLEDGMENT MONEY. A sum the right of another, he is said to acquiesce
of money once paid by copyhold tenants in in such right ; but there can be no acquies
some parts of England on the deaths of cence where there is not full knowledge
their lords as an acknowledgment of their ( Eardley v. Lord Granville,3 Ch. Div. 826 ).
new lords. It is the laudemium ,or lauda- The effect of such acquiescence is a species
tivum of Roman law, being so called a lau- of estoppel by conduct (see title ESTOPPEL );
dando domino . Leominster used to be an and it is one of the principal grounds upon
instance of it, see Cowel ; but there is no which Courts of Equity and also of Law
trace of it at Leominster at the present rely in refusing relief to persons bringing
day. The author is not aware of any forward their claims. The Courts of Equity
district in England in which it is now pay- carry this principle so far that in a matter
able. The payment of fines by copyhold of purely equitable jurisdiction they refuse
ACQUIESCENCE - continued. ACT OF BANKRUPTCY- continued.

relief to a plaintiff although he is within being an amount under 501.) de
the period allowed by the Statutes of Limi manded on the debtor's summons
tationfor the recovery of his rights. ( See of the petitioning creditor.
titles EQUITY FOLLOWS THE LAW ; Laches.) ACT OR FORBEARANCE : See titles
And when a person stands by and allows FAIT ; FORBEARANCE.
another to deal with property to which he
claims (or has) a right, he is prevented ACT OF GOD. This is a pious phrase for
from disputing the right of such other an inevitable accident. No one is to be
person, at least to the prejudice of a pur- prejudiced by the act of God . But when a
chaser for value without notice ( Teasdale debtor has agreed to an alternative obliga
v. Teasdale, Sel . Ch . Ca. 59). For the tion, and one of the alternatives becomes
effect of acquiescence on the part of a land- impossible by the act of God, he is not
lord in avoiding the effect of a forfeiture thereby discharged from doing the other,
for breach of covenant by his tenant, see which remains possible (Barkworth v.
title WAIVER. Young, 4. Drew. 1 ); for that is no pre
judice to him , and the contrary would be a
ACQUITTAL. This word has two mean prejudice to the creditor.
ings. 1. It signifies to be free from entries See also titles CONDITIONS, IMPOSSIBLE ;
and molestations of a superior lord for IMPOSSIBILITY.
services issuing out of lands. 2. It signi
fies a deliverance or setting free of a person ACT OF PARLIAMENT : See title
STATUTE.
from a charge or suspicion of guilt.
ACQUITTANCE. A discharge in writing ACT OF SETTLEMENT : See title SET
of a sum of money or other duty is so TLEMENT, ACT OF.
called . Such a discharge, unless it is ACT OF SUPREMACY : See title SUPRE
by deed , is not pleadable, neither is it MACY, ACT OF.
conclusive as evidence, for it may be shewn ACT OF UNIFORMITY : See title UNI
to have been given through mistake. A FORMITY, ACT OF.
duly authorized ageut may sign an acquit
tance so as to bind his principal. ACTA, RES INTER ALIOS. Anything
done between or among third persons, i.e.
ACT OF BANKRUPTCY. This phrase persons other than the person concerning
denotes any one of the various grounds whom the now question arises. A thing
upon which aa debtor may be adjudicated a so done is neither binding by estoppel nor
bankrupt. Under the Bankruptcy Act, admissible as evidence.
1869, s. 6,these acts of bankruptcy are the See titles ADMISSIBILITY OF Evi
following : DENCE ; ESTOPPEL .
(1.) A general conveyance or assign
ment by the debtor in trust for ACTES. In French law, denotes docu
his creditors ; ments, e.g., les actes de l'état civil - public
(2.) A fraudulent conveyance or transfer documents. Compare the use of acta in
by the debtor of part of his pro- Roman law , and the phrase Acts of Parlia
perty ; ment in English law.
(3.) The debtor having done any of ACTES DE DÉCES. In French law, are
the following things with intent
to defeat or delay his creditors, the certificates of death , which are re
namely : quired to be drawn up before any one may
(a.) Departed out of England ; be buried. ( Aucune inhumation ne sera
(6. ) Remained out of England; faite sans une autorisation de l'oficier de
(c.) Being a trader, departed from his l'état civil.-- Code Nap. i. 2-4 .)
dwelling-house ; ACTES DE MARIAGE. In French law,
(d.) Begun to keep house ; or are the marriage certificates, and contain
(e. ) Suffered himself to be outlawed ; names, professions, ages, and places of
(4.) The debtor having filed in Court birth and domicile of the two persons mar
a declaration of his inability to rying and of their parents ; also the consent
pay ; of these latter, and the mutual agreements
(5.) The levying of an execution for not of the intended husband and wife to take
less than 501. against the debtor each other for better and worse, together
by seizure and sale of his goods ; with the usual attestations.
(6.) The debtor having neglected, if a
trader, for seven days, and if not a ACTES DE NAISSANCE. In French
trader for twenty-one days, after law , denote the certificate of birth , and
service thereof to pay or to secure must contain the day, hour, and place of
or compound for the amount (not birth , together with the sex and intended
ACTES DE NAISSANCE-continued. ACTION AND SUIT - continued .
Christian name of the child, and the names rate ) an action but a prosecution . The
of the parents and of the witnesses. varieties of the several actions are the
ACTIO NON ACCREVIT INFRA SEX following :
I. On contract,
ANNOS. In the times of Latin pleading, ( 1. ) Covenant, being on a deed alone ;
this was the phrase by which a defendant (2.) Assumpsit,-being on a simple
pleaded the Statute of Limitations to an contract only ;
action of assumpsit or on other simple (3.) Debt - being indifferently on
contract, six years being the period limited deed or a simple contract ;
for bringing the action.
(4.) Scire facias,-being on a judg
ACTIO PERSONALIS MORITUR CUM ment ;
PERSONÂ. This maxim, which denotes (5.) Account ; and
that a personal ground of action dies with (6.) Annuity .
the person, has been largely in fringed upon II. On tort,
by a succession of statutes, and may be (1.) Trespass,-being either
roughly stated to hold good at the present (a.) Trespass quare clausum fregit,
day only in actions of libel and slander -to real property ; or
where the defendant is the deceased person , (6.) Trespass de bonis asportatis,—
and of course also in all criminal prosecu to personal property ;
tions. The successive infringements of the (2.) Case.
maxim may be arranged as follows:-First (3.) Trover,
of all, the maxim never applied to contracts (4.) Detinue ,-and
but only to torts : and as regards torts, for (5. ) Replevin.
an injury to the property of the deceased For a particular explanation of each of
person, his executor was enabled by the these forms of action, see the respective
statute 4 Edw. 3, c. 7, as regards personal titles.
property , and by the statute 3 & 4 Will. 4 , There were also a numerous group of
c. 42, as regards real property, to bring an actions called real and mixed actions, but
action against the wrongdoer ; but in the all of these, saving ejectment only, have
case of such injury to real property, it been abolished by the stat. 3 & 4 Will . 4,
must have been committed within six c. 27, s. 36, and the C. L. P. Acts, 1852,
calendar months before the death, and the 1854, and 1860 ; and under the Judicature
action for it must be commenced within Acts, 1873-7, none of the old forms of
one year after the death ; on the other hand action are preserved, but every action is
now commenced with a writ indorsed
for an injury to the person of the deceased,
if the injury caused death , the executor merely with the claim made therein, and
has an action under 9 & 10 Vict. c. 93 and followed by a statement of the simple facts
27 & 28 Vict. c. 95, and if the injury did out of which the right in question is
not cause death the executor has no action alleged to have arisen.
exceptiug so far as the injury to the person There are certain general principles
incidentally carried with it an injuryto the that are applicable to all actions and
property of the deceased, e.g., by medical suits. Thus , first, it is necessary before
fees, loss of business and such like. Again, commencing an action to see that the
where the wrongdoer dies, an action against cause of action is complete, and, therefore,
his executor or administrator was given by in the case of payments due against a cer
the stat. 3 & 4 Will. 4, c. 42, for an injury tain day to see that the day has arrived
done by the dead man to the property and is over, and in the case of payments to
(whether real or personal) of the living become due only upon the performance of
plaintiff, if such injury was committed some condition to see that such condition
within six calendar months before the has been performed ; otherwise, if there was
death, and the action is commenced within no cause of action at the date of the issu
six calendar months after probate or admi. ing of the writ of summons whereby the
nistration granted to the deceased wrong action is commenced , the plaintiff must
doer. necessarily fail. Secondly, it is necessary,
ACTIO SACRAMENTI : See title Sacra especially in actions growing out of con
MENTI, ACTIO . tracts, to see that the plaintiff has that
privity which is necessary to support the
ACTION AND SUIT. This is defined as action and as against the particular defen
the right of recovering in a Court of justice dant, otherwise the action will be demurra
what is due or owing to oneself ( jus perse- ble ( Lumley v. Gye, 2 E. & E. 216 ). Thirdly,
quendi in judicio quod sibi debetur). in the case of torts, the ground of action
All actions arise either out of contract or must be what the law regards as an injuria
out of tort; if a proceeding originates out and not a damnum merely (Stevenson v.
of a crime it is not (in English law, at any Neunham , 13 C, B, 285 ; Acton v . Blundell,
ACTION AND SUIT - continued . ACTUS CURIÆ NEMINEM LÆDIT

12 M. & W. 324 ). Fourthly, that the continued .
wrongful act does not amount to a felony the minor rules of procedure, which the
(Wellock v. Constantine, 2 H. & C. 146), Courts have established for their own con
or if it does, then that the felon has been venience.
prosecuted or his prosecution become im ACTUS NON FACIT REUM , NISI MENS
possible ( Wells v. Abrahams, L. R. 7 Q. B. SIT REA. The act apart from the inten .
554, Lord Blackburn's judgment ; Ex parte tion does not constitute a man a criminal.
Ball, In re Shepherd , 10 Ch . Div. 667 ). See title INTENTION.
And, fifthly, in case of the injuria being
the breach of a public duty, private damage AD COLLIGENDA BONA . A species of
must have arisen to the plaintiff from it administration sometimes granted to a
( Kearns v. Cordwainers Co., 6 C. B. 388). stranger for the purpose of realizing and
See also following titles ; also Conso getting in (i.e., collecting) the goods of a
LIDATION RULE ; Cross ACTIONS ; deceased person .
JOINDER OF CAUSES ; PARTIES, &c. See title ADMINISTRATION , GRANT OF.
ACTION , NOTICE OF : See title Notice AD DAMNUM . That part of the old
OF Action. declaration which commenced with the
words “ to the damage , ” & c ., was termed
ACTION OR PROSECUTION , WHICH ? the breach , and was thence sometimes
When an act producing injury to a private called the breach ad damnum . Ch . on
of such a character as to Plt ading, 362, 6th ed.
audiovisuelle iscriminal ofitele este greuerta
rule is that the private tort is merged in
AD 1A QUIRENDUM. A judicial writ
the public felony, or, speaking more cor
commanding inquiry to be made of any
rectly, that the public injury must be first thing relating to a cause depending in the
King's Courts. It was granted upon many
regarded, and the privato wrong only occasions for the better execution of justice.
secondarily, if at all, that is to say, the See title WRIT OF INQUIRY.
prosecution must come first, and the action,
if at all , only after the prosecution, unless ADDICTIO BONORUM LIBERTATIS
where the prosecution has become or has CAUSÂ . An assignment of an inheritance
always been impossible ( Wellock v. Con to a nonival haeres for the sake of giving
stantine, 2 H. & C. 146 ; Wells v. Abrahams, effect to the liberties bequeathed by the
L. R. 7 Q. B. 554 ; Ex parte Ball, In re will , and which liberties were in danger of
Shepherd, 10 Ch. Div . 667 ; and see South falling through from want of an executor
Wales Atlantic Steamship Co., 2 Ch. Div. of the will (i.e., haeres). This mode of
763). But in general actions for assault or succession was introduced by Marcus
assault and battery may be brought at the Aurelius. It extended to cases of intestacy
option of the plaintiff without his having as well as to cases of wills.
first criminally prosecuted , and in these ADDITION. This term is used in law
cases the action is in lieu of the prosecution, to denote the address and profession of the
semble . party to, or of any deponent in, an action .
See titles ACTION AND SUIT ; PROSE The greatest accuracy in the addition is
CUTION. oftın necessary, e.g. , in the affidavit which
ACTION PENDING , PLEA OF : See title is to accompany the registration of a bill
of sale .
PENDING Action, PLEA OF.
ADELING, otherwise ATHELING . An
ACTOR SEQUITUR FORUM REI. The expression which was used to designate
plaintiff chooses the jurisdiction to which among the Saxons their chief nobility, and
the defendant is subject-- a maxim which pre -eminently the eldest son of the king,
facilitates the prosecution of the action, Spelman .
and especially the execution that is after
wards to issue on the judgment therein . ADEMPTION . The taking away. For
The maxim used to have no application to the application of this word to legacies and
local, butonly to transitory actions. devises, see title LEGACIES AND DEVISES.
See titles TRANSITORY ACTIONS ; It is sufficient here to note that in Roman
VENUE . Law the animus adimendi required to be
proved as a substantive fact independently
ACTUS CURIE NEMINEM LÆDIT. of the alienation ; but in nglis. aw , the
The act of the Court hurts no one ; and intention is concluded from the fact of
therefore any inconvenience occasioned by alienation .
the Court to a suitor will be remedied by
the Court, wherever it would be likely if ADEQUACY OF CONSIDERATION ; See
title INADEQUACY OF CONSIDERATION.
unredressed to work hardship or loss to the
party. The maxim applies exclusively to ADGNATI : See title AGNATI.
с
ADITIO HÆREDITATIS. In Roman ADJUSTMENT. This is the rateable
Law, was the entry of the Haeres upon the distribution of a loss which is matter for
inheritance, whether coming to bim under general averago (see title GENERAL
a will or under an intestacy. It was dis AVERAGE). In an adjustment, the rule
tinguished from Gestio pro Haerede, which now adopted in England differs according
was acting as Haeres before the aditio. as,
The executor's obtaining prubate of the ( 1. ) The ship arrives at its port of des
will , or the administrator's obtaining a tination, in which case the selling price of
grant of administration, corresponds with the goods is taken ; or
the aditio of the Haeres ; and the inter ( 2. ) The ship puts back to the port of
meddling of either before the grant of lading, in which case the invoice price of
probate or administration corresponds with the goods is taken .
the gestio of the Haeres. In English Law But in either case the goods sacrificed
there is nothing corresponding with the as well as the goods saved are liable to
aditio of the Roman Hatres as regards the contribute towards making good the loss,
heir to real estate . it being obvious that the owners of the
goods sacrificed are not to be on a better
ADJACENT SUPPORT : See title Sup footing than the owners of the goods
PORT, RIGHT OF. saved . Sın . M. Law , 295 .
ADJOURNMENT. A putting off until The remedy for enforcing contribution
another time or place. Thus, a Court may towards a general average was by action at
be adjourned ; Parliament is adjourned ; law or suit in equity, but not (asa rule) in
the further consideration or bearing of an theCourt of Admiralty,
When the amount of the indemnity for
action is adjourned ; and in consequence of damage sustained in the course of a voyage
such adjournment, the parties and witnesses is ascertained, and the proportion thereof
have permission to forbear their attendance which each underwriter of the policy is
during the period of adjournment. See, as Jiable to pay is settled, it is usual for the
to the old Adjournment Days, Cheetham v. underwriter to indorse on the policy, " adl
Sturterint, 12 M. & W. 615. justed this loss at so much per cent.,” or
ADJUDICATIO : See titles Fixium RE some words to the same effect, and this is
GUNDORUM ; FORMULÆ . called an adjustment ( 1 Park on Ins. 192 ).
The adjustment when so made is primâ
ADJUDICATION. A giving of judgment. facie evidence both of the underwriter's
In Roman Law , the adjudicatio was the liability on the policy, and also of the
fourth of the four formulæ in use during the amount due; and the onus of proof is
period of the formulary procedure ( 177 B.C. therefore thrown on the underwriter if he
till 286 A.D.). It occurred in three actions alleges that the adjustment was obtained
only, viz ., Finium Regundorum , Communi through fraud, or was made under a mis
Dividundo, and Familiæ Erciscundæ . In take of fact, or even ( it seems) of law. It
English Law , when a man is made a bank is the common practice after an adjustment
for the broker of the underwriter to give
rupt, it is under an order of adjudication . to the assured his ( the broker's) own note,
See title ADJUDICATION ORDER.
called a credit note, for the amount of the
ADJUDICATION ORDER . That order of loss payable in a month ; but the under
the Court of Bankruptcy whereby a debtor writer still in such a case remains liable,
is adjudicated or declared a bankrupt is so as a surety for the bioker, in case the
called . The adjudication order relates latter should become insolvent during the
back to the act of bankruptcy on which it month ,
was founded , and it may even relate back See title GENERAL AVERAGE.
further, the rule being to found upon some
act that has happened within six months ADJUSTMENT OF ACCOUNTS. As be
prior to the presentation of the petition, tween the tenant for life of residuary per
and then to carry back the order to the sonal estate ( Allhusen v. Whittell, L. R.
first available act of bankruptcy that has 4 Eg. 295) or even of residuary real estate
happened within the twelve months pre (Marshall v. Crowther, 2 Ch . Div. 199 ) on
ceding such presentation . But in deter the one hand and the person or persons
mining what is or what is not a fraudulent entitled thereto in remainder after the
preference within the Bankruptcy Act, tenant for life's death on the other hand , it
1869, there is no relation back of the order is a rule that in the case of debts or of
of adjudication. legacies, or of debts and legacies charged
See titles ACT OF BANKRUPTCY ; thereon or payable thereout, the tenant for
FRAUDULENT PREFERENCE ; PRO life must keep down all the interest that
TECTED TRANSACTIONS ; RELATION accrues due ; and again , the tenant for
BACK . life is entitled to all the interest, income,
ADJUSTMENT OF ACCOUNTS - contd . ADMINISTRATION. The discharging of

or dividends arising on legacies that are some duty or office, usually that of getting
contingently payable until such contin in and distributing the assets of a deceased
gency happens; and the ascertainment of person .
these liabilities and rights is called the See titles ADMINISTRATION OF ASSETS ;
ADMINISTRATOR .
adjustment of the accounts between tenant
for life and remainderman.
ADMINISTRATION BOND. A bond for
See titles APPORTIONMENT ; APPOR good administration of the estate of a de
TIONMENT OF RENT ; CAPITAL OR
INCOME. ceased person invariably given by his ex
ecutor or administrator upon obtaining a
ADMEASUREMENT, WRIT OF. A writ grant of probate or of administration .
See title ADMINISTRATOR,
which lay against those who usurped more
than their share. It used to lie in two ADMINISTRATION DUTY. Where the
cases, first, for admeasurement of dower, estate of the intestate exceeds £ 100, the
and secondly, for admeasurement of pas grant of administration is subject to the
ture. In the former case, it was brought payment of ad valorem stamp duty, the
by the heir against the widow of a de duty being at a higher rate than is Probate
ceased, who withheld from such heir, or duty. The stat. imposing the duty is 55
his guardian, more land in respect of her Geo. 3, c . 184. Estates not exceeding
dower than she was justly entitled to, in £ 100 are exempted from this duty by the
which case the heir was to be restored to stat. 27 & 28 Vict. c. 56.
the overplus. In the second case, it lay See title PROBATE DUTY.
between those who had common of pasture
appendant to their freehold, or common by ADMINISTRATION , GRANT OF. The
vicinage, when any one or more surcharged administration of the personal estate of
the common with more cattle than he or a deceased intestate belonged anciently
they ought to have thereon (F. N. B. 125, to the sovereign as parens patriæ , or to
148 ; Les Termes de la Ley ). Nevertheless, certain lords of manors under a general
the writ for admeasurement of dower did grant from the sovereign, and afterwards
not lie where the excess in the assignment to the ordinary who by the Statute of
of dower was attributable to the act of the Westminster 2 ( 13 Edw. 1.), c. 19, was re
heir himself, who made the assignment quired to pay the debts of the deceased ,
being at the time of full age ; unless, in and who, at a still later period, by the stat.
deed , the excess had arisen from the dis 31 Edw. 3, st. 1 , c. 11 , was required to de
covery of mines which had been over pute the administration to the next of kin
looked at the time of the assignment. At of the intestate . Thus stood administra
the present duy, this writ of admeasure tion until the Court of Probate Act ( 1857),
ment is practically extinct as a form of 20 & 21 Vict. c. 77, whereby the power of
process in both of the two cases in wbich granting administration was transferred to
it was formerly used ; and now an action that Court from the Ecclesiastical Courts.
on the case is the common mode of pro In the grant of letters of administration,
ceeding by one commoner against another there are certain relations of the deceased
for a surcharging of the common, and a who are considered to have a preferable
suit in Equity is the course to be adopted right. Thus, the husband has an abso
by the heir against the widow for the lute right to administer to his wife, and
purpose of correcting an excess in the as the widow has a moral right (which the
signment of dower ( Hoby v. Hoby, 1 Vern. Court generally recognises) to administer
218). There is no question , however, but to her husband. When there is no hus
that the writ of admeasurement, never band or widow , the right to administer
having been expressly abolished , is still belongs to the next of kin according to
available for either of the two purposes their proximity in relationship, the right
before-mentioned , although the wholesale to the beneficial interest under the Statuto
abolition of real and mixed actions which of Distributions generally regulating the
was effected by the Acts 3 & 4 Will. 4, right to the grant of administration ; and
c. 27, s. 36, and 23 & 24 Vict. c. 126, s. 26, in the case of their being several next of
may be thought by some to have extended kin in equal proximity , he whom the
to the writ of admeasurement also. majority shall elect in general administers.
A creditor may also administer ; and the
ADMINICULUM . An aid or support to Court may even appoint to the adminis
something else, whether a right or the tration a person entirely without interest,
evidence of one. It is principally used to in which latter case the grant is merely
designate evidence adducedin aid or sup ad colligendum .
portof other evidence, which without it is There are various species of administra
imperfect. tion , namely :
C2
ADMINISTRATION , GRANT OF - contd . ADMINISTRATION OF ASSETS-contd .
( 1.) A general administration , when (5. ) General pecuniary legacies;
the deceased is wholly intestate ; (6.) Specific including residuary) de
(2.) Administration de bonis non ,-as vises and specific legacies, neither
upon the death of a sole executor after being charged ; and
probate intestate, or upon the death of a (7.) Real or personal estate appointed by
sole administrator, while the administration deceased person by deed or will
is still incomplete ( de bonis nondum ad under a general power .
ministratis ). In the application of these properties in
(3.) Administration durante minoritate, or towirds payment of debts in a due
-as where the executor appointed by the course of administration, the following is
will being a sole executor is a minor ; the oriler of priority in which different
(4.) Administration pendente lite, - as classes of creditors used to rank :
where any suit touching the validity of ( 1.) Debts due to the Crown by record
the will is pending, and generally where or specialty ;
ever the Court of Chancery would appoint (2.) Income tax, overseer's moneys, and
a receiver of the estate ; other debts to which particular
(5. ) Administration durante absentia — statutes as -ign priority ;
as where a sole executor is out of the (3. ) Judgment debts duly registered ;
kingdom , and either (a) by the Common ( 4 ). Recognizances and statutes ;
Law, before probate, or (b) hy stat. 38 (5.) Specialty contract debts ; arrears of
Geo. 3, c. 87, after probate ; and rent- service ;
(6. ) Administration cum testamento an- (6.) Simple contract debts ; unregistered
nexo, -as where either a sole executor dies judgments ;
without having proved the will, or a sole (7.) Voluntary bonds in hands of volun .
or surviving executor dies intestate. teers ;
There are also various other administra- Previously to the stat. 32 & 33 Vict.
tions of a limited or temporary kind, e.g. , c. 46, specialty contract debts and arrears
until the will can be proved, or until the of rent-service were entitled to priority
executor attains a certain age other than over simple contract debts and unregis
majority, and so forth . tered judgments in the distribution of
Under the stat. 20 & 21 Vict. c. 77, what were termed legal assets, but were
8. 46, the district registrars of the Court of never so entitled in the distribution of
Probate may grant probate ; and under equitable assets ; and the effect of the
21 & 22 Vict . c. 95, 8. 10, the County stat. 32 & 33 Vict. c. 46, appears to be
Court may make the grant. to abolish that distinction in the case of
The duty on administrations is regu- legal assets in administrations.
lated by the stats. 55 Geo . 3, c. 184, Under the Juilicature Act, 1875 (38 & 39
23 Vict. c . 15 , and 27 & 28 Vict. c. 56 ; Vict. c. 77), s. 10, where the estate is in
and the stamp which is payable upon the solvent, the rules of bankruptcy are to be
bond commonly given by an administrator applied to the administration of assets in
is now regulated by the Stamp Act, 1870 the Chancery Division , and thus an equality
(33 & 34 Vict. c. 97). is introduced in the order of payment of
all debts whatsoever, out of all assets
ADMINISTRATION OF ASSETS. The (whether legal or equitable ) whatsoever,
Court of Chancery after the grant of pro- when the estate is insolvent --being the
bate or administration undertakes to apply only occasion in which the question of
the assets of the deceased person in pay- priority in payment is of any importance,
ment of all his debts and legacies in their à voluntary bond in the hands of the
due and proper order. At the present day volunteer even not being excepted ( Ex
property of every kind or sort is available parte Pottinger, In re Steward, 8 Ch. Div.
to pay the debts, but there is a certain 621). But, N.B., Crown debts are not
order observed by the Court in its applica- affected by the Bankruptcy Act, 1869, or
tion of the different properties for that pur- by the Judicature Act, 1875.
pose, the following being the usual order : See titles EQUITABLE ASSETS ; LEGAL
( 1.) The general personal estate not be ASSETS ; and MARSHALLING OF As
queathed at all, or by way of re SETS .
sidue only ;
(2.) Real estate devised for the payment ADMINISTRATOR . Is the person ap
of debts ; pointed to administer the estate of a person
(3.) Real estate descended ; who has died intestate, or who (if testate )
(4.) Specific (including residuary) de- has appointed no executor in his will , or
vises, and specific and general the executor (if any ) thereby appointed is
legacies all being charged with not yet able or enabled to act. If appointed
the payment of debts ; during a minority, such an administrator is
ADMINISTRATOR - continued . ADMISSIBILITY OF EVIDENCE - Con

called an administrator durante minoritate , tinued .
and so forth ; if there is a will, he is called jury or for the judge sitting as a jury.
an administrator cum testamento annexo ; For example, letters written to third per
and sometimes be is called an administrator sons are not admissible as between the
de bonis non, when the executor (if any) or plaintiff and the defendant .
the previous administrator has left some See title EVIDENCE.
portion of the estate unadministered . An ADMISSION . This word denotes the
administrator may also be a general ad ordinary's signification of his approval of
ministrator (in which case he is called
simply an administrator ), or an adminis the clerk presentee of a living; it some
times includes both approval and institu
trator appointed for the purposes of a par tion . Co. Litt. 341 a. In the law of
ticular litigation only (in which case he is evidence, the word denotes a sort of es
called an administrator ad litem ). The toppel which may be either by word of
executor of the executor of an original mouth (Neale v. Jakle, 2 C. & K. 709), or
testator is also the executor of such tes
by conduct ( Pickard v. Sears, 6 A. & E.
tator ; secus, in the case of administrators.
See title ADMINISTRATION, GRANT OF . 469), or by the assumption of a particular
office or character ( Peacock v. Harris,
ADMINISTRATOR AD LITEM . An ad 10 East, 104), or by writing under hand,
ministrator is so called when appointed for unless stated to be “ without prejudice ”
a particular litigation only. (Paddock v. Forester, 3 Scott, 734 ), or by
See title ADMINISTRATION , GRANT OF. deed ; as to all which ser title ESTOPPEL .
But the word " admissions " is moro cum
ADMIRALTY , COURT OF. For the monly used to denote the mutual conces
origin of this Court, see title COURTS OF sions which the parties to an action or suit
JUSTICE. The general jurisdiction of the make in the course of their pleadings, and
supreme Court is regulated at the present the effect of which is to narrow the area
day by the stats. 24 & 25 Vict. c. 10, of facts or allegations requiring to be
and 26 Vict. c. 24 3; and jurisdiction in proved by evidence.
Admiralty causes was conferred upon the See title EVIDENCE ; and next two
County Court by the stat. 31 & 32 Vict. titles.
c. 71. TheCourtof Admiralty was thrown ADMISSIONS OF DOCUMENTS. Re
open to practitioners by the stat. 22 & 23
Vict. c. 6 ; but the modes of practice, to garding documents, either party to an
gether with the effects of a judgment in action may give to the other a notice to
admit documents , saving all just excep
that Court, are of a peculiar nature, par tions. The other party or his solicitor
taking largely of the rules of the civil law ; admits the documents specified in the
thus an objection to the jurisdiction of notice by writing at the foot thereof the
the Court may be taken at any stage of words we admit ,” &c., saving all just
the proceedings ( The Mary Ann, 34 L. J. exceptions.
(Adm .) 73 ), and the party is not prejudiced See title NOTICE TO ADMIT.
in taking that objection by appearing ( The
Eleanor , 32 L. J. ( Adm.) 19 ) ; and these ADMISSIONS IN PLEADINGS. Under
rules are not materially altered by the new the New Judicature Rules of Pleading,
Judicature Acts , and orders and rules allegations in pleadings may be admitted
thereunder, but the Court is now a mere either by express admissions or by the
Division of the High Court. The judg . absence of any specific denial or express
ments of the Court are chiefly in rem , and non -admission thereof, or where any party
bind all the world as well as the parties to bound to plead makes default in pleading,
the action. The Court has power to or bound by order to answer interrogatories
arrest even any foreign ship coming within or to make other discovery , upon failing to
the maritime jurisdiction for any alleged do so bas his entire defence ( or other
damage occasioned by it to any British pleading) struck out. On these admis
vessel anywhere . sions, immediate judgment may be ob
See titles COLLISION ; PRIZE ; SALVAGE ; tained, and that judgment frequently ter
SEAMEN ; SHIPPING . minates the action. See Brown's Snell's
ADMISSIBILITY OF EVIDENCE . This
Equity, Book ii. Procedure.
phrase denotes the quality of matters ad ADMITTANCE . Every devisee of copy
duced in evidence, according to which they holds, and also every other alienee thereof,
are or not receivable, i.e., admissible, as whether for value or voluntary, perfects his
evidence ,-a question for the judge or title by procuring his admittance from the
Court to determine. It is commonly op lord of the manor, paying where such ad .
posed to the weight of the evidence onceit mittance is compulsory the fine which the
has becn adınitted, the weight being for the custom of the manor has ascertained , and
22
A NEW LAW DICTIONARY.
ADMITTANCE - continued .
DAMNUM - continued .
where the admittance is voluntary on the 1 , p.QUO
187AD 484D, n. (d), that this latter use of
DUDIN
part of the lord , such fine as the lord the writ has been virtually done away with .
chooses to deinand. Admittance may be
made either within or outside of the manor ADSTIPULATOR . Was an accessory to
under 4 & 5 Vict. c. 35.
See titles COPYHOLD ; FINES ON ALIEN
the stipulator, i.e., to the principal creditor
in the verbal contract or stipulatio. He
ATION.
was in use prior to Justinian, but in con
ADOPTION . In French Law , is per sequence of that Emperor's legislatio n he
mitted to persons either sex, aged fifty ceaor
Pri betinwan
sed toto Jus tedlegfor
ian's any
islati on apurper
posson
e.
years, and being at the least fifteen years could not validly stipulate for a payment
older than the persons whom they adopt ; to be made to him after his death, but he
which latter persons being of full age, could stipulate a present obligation to pay
must be either, ( 1), persons to whom the to a third person after the death of bim
adoptive parent has rendered assistance the stipulating person, and as agent for
during minority and for six years at least him ; and this third person was called the
without interruption ; or, (2 ), persons to adstipulator.
whom the adoptive parent is indebted for See title STIPULATIO .
his rescue from fire, shipwreck , or battle.
This adoption leaves intact the rights of AD TERMINUM QUI PRÆTERIIT . A
the childin respect of his natural parents, writ of entry that lay for the lessor and
being in fact the adoption of Roman Law , his heirs when a lease had been made of
in time of Justinian . lands or tenements for the term of life or
See title ARROGATIO. years, and after the term was expired the
ADPROMISSOR. Appears to have been lanant
ten or eothwit
ds wer er hhe sonfro
perld m ses
pos less
thesin samthe
or by
g the e.
the most general name in Roman Law for Cunningham ; F. N. B. 201. This writ
a surety, whether sponsor, fidepromissor, or was abolished by the Act 3 & 4 Will. 4,
fidejussor; the etymology of the word in- c. 27, s . 36.
dicates that the surety is in the nature of
an accessory to the promissor, i.e., to the ADULTERATION. This phrase is com
principal debtor in the verbal contract or monly applied to the offence of mixing up
stipulation . with food or drink intended to be sold,
See titles SPONSOR ; &c. other matters of an inferior quality, and
AD PROXIMUM ANTECEDENS FIAT char
geneacte principa
a more
rallry. ofThe or less dele
l stat uteteri
upoousn
RELATIO. Where a pronoun or relative the subject is the 35 & 36 Vict . c. 74,
adjective, such as “ he, " or 6 * who , " or which incorporates the 23 & 24 Vict . c 84,
“ such ,” or “ said,” has a doubtful refer- and also (The Pharmacy Act, 1868 ) 31 &
ence to two or more different substantives, 32 Vict. c. 121. See also the Adulteration
it is to be referred (in the absence of other of Seeds Act , 1869 ( 32 & 33 Vict . c. 112 ),
grounds of reference ) to the last preceding and the Act 41 & 42 Vict . c. 17 , ame
substantive, i.e., to the substantive nearest same . mending
to itself going backwards.
AD QUÆSTIONES FACTI. The jury | riuAD UL TE RY
m). The sin OR of AD
inc ontVO WT
inenceRY Adrie
by (mar ulte
d
(and not the Court) are the judges of fact ; persons.
and the Cou rt ( and not the jury ) is the tim es dis tin guioff
The shed e of
encint o adu
sin gle
lteand
ry isdou
so ble
me
judge of the law. The full expression of adultery . Single adultery is the illicit
this maxim is - Ad quæstiones facti non re
spondent judices ; ad quæstiones legis non of ual mintisercmar
sexwho ourse d. two
rieof Douper
blesonadu
s one onlisy
ltery
respondent juratores. illi sex int erc our two per sons
the cit ual se of
AD QUOD DAMNUM . A writ so called , both of whom are married ( Cowel). This
which ought to have been issued before offence is of a tortious and not of a cri
the King granted certain liberties, as a minal nature ( Mordaunt v. Moncreiffe,
fair, market, &c ., which might happen to 1874). For adultery on the part of a wife ,
be prejudicial to others. The writ directs or for adultery combined with desertion or
the sheriff to inquire what damage it might cruelty on the part of a husband, the Court
do for the King to grant such fair or of Divorce will grant a dissolution of the
market. It wasalso formerly in use for marriage under the stat. 20 & 21 Vict.
obtaining a right to alter or divert the c. 87 ; but for mere adultery on the part of
course of an old road, or to make a new the husband, the most that the Court will
one (F. N. B. 221, et seq. ; Les Termes de grant to the wife is a judicial separation ,
ADVANCEMEN
la Ley); but it is the opinion of the editor T. Thi
s is a l- wel known
of Williams' Saunders' Rep. vol. ii. ed. of term both in conveyancing and in equity
ADVANCEMENT - continued . AD VENTREM INSPICIENDUM - con

law. In marriage settlements, a power of tinued .
advancement iscommonly given to the feign being so , with the view of producing
trustees, that is to say, a power in them to a supposititious heir to the estate. Cowel;
raise some portion (not as a rule to exceed Reg. Orig. 237.
one half part) of the capital moneys to
which each child of the marriage iseither ADVERSE CLAIM . Where the sheriff
actually or contingently entitled under the in levying an execution upon the goods of
settlement for his or her advancement in a debtor, finds that some third person
the world ; that is to say, for his or her claims the goods as his own, he may have
apprenticeship in a profession or trade, or an interpleader summons requiring the
for his or her bringing out in society, or execution creditor and such third person
( if intended for the church ) for his educa . to settle the right to the goods between
tion at one of the universities of Oxford or them ; so also, where the seller of goods
Cainbridge. attempts to stop them in transitu, and the
In Equity, the term has a similar mean- buyer insists upon having the goods deli
ing, but a somewhat different application. vered to him , the wharfinger or other
Thus, it being a rule of Courts of Equity, person in custody of the goods may have
that where a person purchases an estate or an interpleader summons requiring the two
stock, and takes the conveyance or assign- parties to litigate between themselves their
ment thereof in the name of a third person, adverse claims.
such third person is intended to be, and is See title INTERPLEADER.
construed as being, a trustee only for the ADVERSE POSSESSION. The posses
purchaser, -- An exception to that rule is sion of the tenant for life under a settle
admitted in the case of such third person ment is consistent with the right of the
being a person for whom the purchaser remainderman ; and such tenant may not
was under an obligation to provide, and alter the quality of his possession so as
for whom he has not as yet made a pro to make the same adverse to the remain
vision, and the conveyance or assignment derman (Nemo potest mutare causam
which is made in this latter case is taken possessionis sux). On the other hand, the
to be for the benefit of the grantee or possession of a mortgagee is adverse to
assignee in discharge of the obligation the title of the mortgagor ; and precisely
of the purchaser. The presumption of because it is such it will mature after
advancement is raised in favour of the
following persons : twenty years' (now twelve years') duration
( 1.) A legitimate child ( Sidmouth v. and non-acknowledgment into an absolute
Sidmouth, 2 Beav. 447) ;
and independent legal right.
See titles LIMITATIONS, STATUTE OF ;
(2.) An illegitimate child ( Beckford v. PRESCRIPTION ; USUCAPIO.
Beckford, Lofft. 290) ;
(3.) A grandchild (father being dead) ADVERSE WITNESS. This is defined
( Ebrand v. Dancer, Ch. Ca. 26) ; to be a witness whose mind discloses a bias
(4.) A wife (Drev y. Martin, 2 H. & M. hostile to the party examining him ; it
130 ) ; is not a witness whose evidence, being
(5.) A wife's nephew ( Currant v. Jago, honestly given, is adverse to thecase of the
1 Coll, Ch. Ca. 261 ) ; examinant. An adverse witness may be
But the presumption has not hitherto been cross-examined by the counsel calling him.
extended to the following cases : See titles EviDENCE ; WITNESSES.
( 1.) An illegitimate grandchild ( Tucker
v. Burrow , 2 H. & M. 515 ) ; ADVERTISEMENT, CONTRACT BY .
(2.) A kept woman ( Rider v . Kidder, Although at one time some doubt was
10 Ves . 360 ) ; entertained whether a strict contract could
(3.) The child of a widow , when the be entered into by advertisement, for want
widow is the purchaser (Holt v. of privity between the person advertising
Frederick , 2 P. Wms. 356 ; Bennet and the person who closes with the adver
v. Bennet, 10 Ch . Div. 474). tisement, still there can hardly be any
In all these cases the presumption of doubt at the present day that a good con
advancement arises or not from a regard tract arises thereby, not perhaps by force
purely to the relationship of the parties ; of the advertisement and acceptance there
the presumption may be rebutted or cor- of, but by virtue of the contract that is
roborated by extrinsic or parol evidence. nade expressly or impliedly between the
parties when they are both ascertained
AD VENTREM INSPICIENDUM . A and brought together, the offer in the ad
writ which lies for the heir presumptive to vertisement being deemed to continue open
an estate , to examine the woman who says and unwithdrawn . In case there should
she is with child , and who is suspected to not be any contract, an action of tort would
ADVERTISEMENT, CONTRACT BY- ADVOWSON - continued .
continued . if the manor were granted to any one, the
lie for a fraudulent advertisement pro- advowson would go with it as incident to
ducing damage ( Gerhard v. Bates, 2 El. the estate. An advowson in gross signifies
& Bl . 476 ) . an advowson that belongs to a person, but
ADVERTISEMENTS . Under the stat. 24 is not annexed to a manor ; so that an
& 25 Vict. c. 96, s. 102, whosoever shall advowson appendant may be made an ad
publicly advertise a reward for the return vowson in gross by severing it by deed of
of any property whatsoever which shall grant from the manor to which it was
have been lost or stolen, suggesting that no appendant. Advowsons are also either ( 1 )
questions will be asked , or offering to repay presentative, ( 2) collative, or ( 3 ) donative.
to any pawnbroker or other the amount An advowson is termed presentative when
advanced on the security of the property, the patron has the right of presentation to
forfeits the sum of £50 for every such the bishop or ordinary, and also to require
offence, to be recovered by any informant of him to institute his clerk , if he finds
thereof. And the printer and publisher him qualified . An advowson is termed
are also liable, but in their case the action collative when the bishop and patron happen
is to be commenced within six months, to be one and the sameperson, so that the
and only after obtaining the sanction of bishop, not being able to present to himself ,
the Attorney -General or Solicitor-General performs by one act ( which is termed
to the institution of the prosecution . collation ) all that is usually done by the
separate acts of presentation and institu
ADVOCATE . In the Roman Law, and tion . An advowson is termed donative
also in those English Courts which have when the king or a subject founds a church
largely moulded themselves upon that law , or chapel, and does by a single donation
the persons who undertake and have the
in writing place the clerk in possession,
liberty to plead the causes of others are without presentation, institution, or in
called advocates. Their duties are analo duction (Cowell; Co. Litt. 17 b. & 119 b.)
gous to those of barristers, and since the
recent Acts, which have thrown open to all Again, advowsons are either advowsons of
rectories or advowsons of vicaroges ;i the
practitioners the practice in all the various former having been created in very early
Courts, the term “ advocate " is used inter
times, almost contemporaneously with the
changeably with, although less frequently creation of the manor itself; the latter
than , that of barrister. In ecclesiastical having grown up more gradually, and as a
law, those persons whom we now call pa consequence of the monasteries appro
trons of churches, and who reserved to priating to themselves the tiths of the
themselves and their leirs a liberty to churches, and delegating to a locum tenens
present to the living on any avoidance, (vicar ) the duties of the rector. The stipend
were also called advocati ecclesiæ , i.e., de of the vicar, wbich was at first precarious
fenders of the church ( Spelman's Advo and inadequate, was settled at an adequate
catus ). So that the original meaning of amount, and also secured to him , by tlie
adrouson was that of a fortress or defence Acts 15 Ric. 2, c. 6, and 4 Hen . 4, č. 12 ;
of the church . Patrons of churches were whence at the present day a vicarage is in
also sometimes called advowees or avowees, general as valuable a living as a rectory is.
and the sovereign was advowee paramount. An advowson , being the right of pre
ADVOCATE -GENERAL. The adviser of sentation in perpetuum , as often as a va
the Crown in matters of Naval and Military cancy arises, is considered real estate, while
Law. a right of presenting once only, or a single
See titles MARTIAL LAW ; QUEEN'S presentation, is considered personal pro
ADVOCATE. perty only.
ADVOCATE, LORD. A Scotch legal See title INCORPOREAL HEREDITAMENTS.
official corresponding to the English ÆSTIMATIO CAPITIS. This phrase
Attorney-General.
denotes the value or price set upon an
ADVOWEE : See title ADVOCATE. individual. In Anglo -Saxon times, when
ADVOWSON . The right of presentation money penalties were the universal punish
to a church or benefice : and he who has ments of offences, King Athelstan, in a
the right to present is called the patron or parliament held at Exeter, tixed a tariff of
patronus, sometimes also advocatus, and mulcts to be paid pro æstimatione capitis,
sometimes defensor. Advowsons are of two i.e., according to the rank of the party
kinds : ( 1 ) Appendant, and (2) In gross. wounded or slain. A like tariff existed
An advowson appendant means an advow- for some purposes in Roman Law, “ Tam
son which is, and which from the first has secundum gradum dignitatis vitæque hones
been and ever since continued to be, tatem crescit aut minuitur æstimatio in
appended or annexed to a manor, so that, I juriæ .” Just. Inst. iv. 4, 7.
ETATE PROBANDÂ . A writ that used AFFIDAVIT OF DOCUMENTS : See title

formerly to be directed to the sheriff of a DISCOVERY .
county,commanding him to summon twelve AFFIDAVITS, EVIDENCE BY. Upon
men, as well knights as other honest and
lawful men , to be before certain comunis all interlocutory applications (i.e., upon
sioneis previously appointed to inquire any motion, petition, or summons) in the
whether or not the king's tenant, holding action , the evidence may be given by affi
in chief by chivalry, was of full age to davit (Order xxxvII ., rule 2 ) ; and the
receive his lands into his own hands. The evidence of any particular witness may for
commission by which the above commis sufficient reasons be taken ( by order) before
sioners were appointed was thence called an officer of the Court (either official
6. The commission pro ætate probanda.” referee or examiner), or before a special
Cowell ; 4 Co. Dig. 139. examiner, the evidence so taken being a
deposition , and the deposition being (by
ETHELINGS. Were originally persons order) tiled, and the deposition so filed
of royal birth , and afterwards persons of being (by order ) made available in evidence
kindred with the reigning sovereign only, upon terms(Order xxxvII . , rule 4 ) ; and at
and latterly only the nearest of such the trial of the action , or upon any assess
kindred. Taswell-Lungmead, 29. ment of damages, any particular facts may
( by order) be proved by affidavit, but not
AFFIANCE . To agree to marry , and if the witness can be produced, and the
geuerally to pledge one's troth or trust. other side wishes to cross -examine him
(Order XXXVII., rule 1 ) ; and at the trial,
AFFIDATIO . A swearing of the oath of or upon any assessment of damages, the
fidelity or of fealty to one's lord, under entire evidence may ( by agreement of all
whose protection the quasi-vassal has vo- parties) be taken by affidavit (Order xxxvII.,
luntarily come. rule 1 ) . All affidavits at the hearing must
be regarding matters of the deponent's own
AFFIDAVIT. A written or printed state positive knowledgo; but upon interlocutory
ment made voluntarily, and verified byoath, applications, may be regarding matters of
for the purpose of being used in a Court of information or belief only, provided that
Justice as evidence of facts. In Courts of
the sources or grounds of the information
Law, affidavits are chiefly used upon sum or belief respectively are shown ( Order
mary applications only ; but in Courts of XXXVII., rule 3), but not when an applica
Equity they are commonly used upon all tion, although interlocutory in form , is
sorts of applications, whether formal or final in effect (Gilbert v. Endeun, 9 Ch.
summary , the present rule of practice in all Div. 259 ).
the divisions being that affidavit evidence The agreement to take the entire evi
is to be used on summary proceedings, and dence by affidavit must be in writing (New
only by consent of the parties in writing Westminster Brewery Co. v. Hannah, L. R.
on formal proceedings, i.e., at the tinal trial 2 Ch. Div. 217) ; but when the agreement
or hearing. does not exclude oral evidence, the afli
An affidavit consists of three essential
parts : ( 1) the title, ( 2) the statement of davits may be supplemented, semble, at the
facts , and (3) the jurat. The affidavit
trial by vivâ voce evidence . Where there
should be entitled in the Division in which is such an agreement, the plaintiff files his
it is to be used , and in the cause or matter, aftidavits within fourteen days (extendible)
or both (as the case may be ), in which it after the agreement, and gives the defen
dant a list thereof (Order XVIII , rule 1 ) ;
is made. The statement of facts should be and the defendant files his affidavits within
plain and unequivocal; the best evidence fourteen days (extendible ) after receiving
should as a rule be adduced, but (on plaintiffs list, and gives the plaintiff a list
interlocutory applications, at least when thereof (Order xxxvIII., rule 2 ) ; and the
they do not determine any right) matters plaintiff files his affidavits in reply, being
of hearsay, belief, or information are not strictly in reply to the defendant's affi
excluded . The affidavit may be sworn davits, or else merely confirmatory of pre
either at the office of the Record and Writ vious affidavits ( Peacock v. Harper, 7 Ch.
Clerks, or before one of the commissioners Div. 648), within seven days (extendible )
appointed for that purpose ; and if made in
a foreign country , then it may be sworn after receiving defendant s list, and gives
the defendant a list thereof (Order XXXVIII.,
before the mayor or other magistrate, at rule 3 ).
tested and certified by a notary public. If
the affidavit is in a foreign language, it AFFILIATION ORDER . An order made
must be accompanied with a verified trans- by a police magistrate or justice against
lation . the reputed father of a bastard and upon the
See titles EVIDENCE ; EXAMINATION OF oath of the mother (being an unmarried
WITNESSES. woman ) as to the bastard's paternity, for
AFFILIATION ORDER- coniinued . AFTER -ACQUIRED PROPERTY - con
the payment of some small sum weekly for tinued .
the bastard's maintenance. The mother's Property acquired after the date of a will
oath must be confirmed in some material is also called by this name, or by the name
particular under the Bastardy Laws after-purchased lands ; and since the New
Amendment Act, 1872 ( Cole v. Munning, Wills Act ( 1 Vict. c. 26) it is comprised in
2 Q. B. Div. 611 ). the will if there are general words of devise
AFFINITY . The relationship which contained therein , but prior to that Act
marriage occasions between the husband such property would not have been com
prised in the will.
and the blood relations of the wife , and See title Wills.
between the wife and the blood relations
of the husband. Thus, there is an affinity AFTER -PURCHASED LANDS : See title
between the wife and her husband's bro AFTER -ACQUIRED PROPERTY.
ther, but there is no affinity between the AGE . Signifies in the law those periods
wife's sister and the husband's brother , or in the lives of persons of both sexes, which
between the husband's sister and the wife's enable them to do certain acts which , be
brother. fore they had arrived at those periods,
AFFIRMATION . This bas been substi they were prohibited from doing. As for
tuted for an oath in the case of certain example : à male at the age of twelve
religionists who object, on grounds of con years may take the oath of allegiance ; at
science, to take an oath - e.g. in the case fourteen, which is his age of discretion ,
of Quakers, Separatists, and others; and, he may consent to marriage or choose his
in short, any person objecting to be sworn guardian ; and at twenty -one he may alien
(or being an Atheist) may make a solemn his lands, goods, and chattels. A female
affirmation instead ( 33 & 34 Vict. c. 49 ). at nine years of age is dowable ; at twelve
See title DECLARATIONS, STATUTORY. may consent to marriage ; at fourteen is
at years of discretion, and may choose a
AFFIRMATIVE, PROOF OF. According guardian ; and at twenty -one may alien
to the maxim ei incumbit probatio qui dicit, her lands, &c. But the full age of either
the party alleging any fact must prove male or female is twenty -one, until which
same; and in the application of this rule time they are considered as infants (Co.
it makes no difference whether the fact Litt. 78 ; Cowel). The age of twenty.one
ged is an affirmative fact or is a negative years complete on th first moment of
averment, but the simple traverse of an the last day next before the twenty -first
affirmation need not be proved . anniversary of the birth.
See titles NEGATIVE AVERMENT; ONUS See title Day .
PROBANDI. AGENT : See title PRINCIPAL AND
AFFOREST (afforestare.) To turn ground AGENT.

into a forest ( Cowel). When forest ground AGENT AND PATIENT. Are terms
is turned from forest to other uses, it is denoting respectively the doer and the
said to become disafforested. Tomlins. sufferer of an act. Their principal appli
See title FOREST, cation is in criminal law . The same person
AFFRAY ( from the Fr. effrayer, to who is the doer of a thing may also be the
affright ). The fighting of two or more per party to whom it is done; as when a woman
sons in some public place to the terror of endows herself of part of her husband's
possessions, this being the act of herself
others ; and there must be a stroke given or to herself, makes her agent and patient.
offered, otherwise it is no affray, howsoever Co. Litt. 8, 138 ; Cowel.
quarrelsome or threatening the words may
be; and the fighting must also be in public ; AGER PUBLICUS. The original terri
for if it be in private, it is no affray, but tory of the Roman state was called the
an assault. The punishment for an affray Ager Romanus, and the territory afterwards
is fine or imprisonment, or both . acquired by conquest was called the Ager
See title DUELLING. Publicus. The Ager Romanus belonged
AFFREIGHTMENT : See title FREIGHT. to the private owners thereof (and who
were the governing or patrician class) in
AFTER - ACQUIRED PROPERTY . Pro . full ownership ; the Ager Publicus be
perty acquired after the date of a marriage longed to the same patrician body, but as
settlement is called by this name, and a governing body, and not as individuals ;
would ( if acquired on the part of the wife) it was therefore held by them upon trust
fall usually within the scope of the cove for the state generally. Grants of any
nant to settle such property that is con portions of the Ager Publicus were grants
tained in nearly all such settlements (ree of possessory interests only, and were in
title SETTLEMENT OF PERSONAL ESTATE ). capable of being acquired by usucapio or
A NEW LAW DICTIONARY . 27
AGER PUBLICUS - continued . AGRICULTURAL HOLDINGS ACT,

otherwise in full dominium , for the domi 1875. Is the stat. 38 & 39 Vict. c. 92, and
nium always remained in the state. The its object was to secure ( with a due re
Ager Romanus developed into the solum gard to the interests of landlords) com
Italicum , and the Ager Publicus into the pensation to agricultural and pastoral
solum Provinciale ; and in Justiniau's time tenants for their unexhausted improve
the distinction between them was wholly ments. The Act applies to all such
abolished . tenancies created after the passing of the
See title USUCAPIO . Act unless and to the extent that it is ex
cluded . The Act has also substituted
AGER ROMANUS : See title AGER PUB
LICUS .
twelve calendar months' notice to quit in
lieu of six months' notice in these classes
AGGRAVATED ASSAULT : See title of tenancies. The Act has also materially
ASSAULT AND BATTERY . modified the law of fixtures generally in
AGGRAVATION (MATTER OF ). In the all classes of tenancies, making removable
fixtures the property of the tenant even
language of pleadings signified matter while they are affixed , but giving the land
which only tended to increase the amount
of damage, but which did not concern lord an option of pre -emption at the end of
the tenancy .
the right of action itself. Thus, in an See titles COMPENSATION ; FIXTURES ;
action of trespass for chasing sheep, by TILLAGE ,
which the sheep died, the dying of the
sheep was matter of aggravation only, and AIDER . This word is commonly used
needed not to be alleged by the plaintiff in in two senses, 1st, by itself, when it signi.
his declaration ( Steph. on Pl. 270, 4th ed .), fies an abettor : See title AIDERS AND
and under the present rules of pleading A BETTORS. 2ndly, in conjunction with the
such matter might be alleged in an action word verdict. AIDER BY VERDICT means
which was injuria sine damno, where the
plaintiff desired to obtain special damage. curing by verdict. The phrase is used in
See title SPECIAL DAMAGE. omissions
reference to faults or inplead
ing. Some faults, errors, or omissions in
AGGREGATE AND SOLE : See titles pleading are aided or cured by the adverse
CORPORATION ; CORPORATION SOLE. party taking no notice of them , or pleading
AGIST. To take in and feed the cattle over, as it is termed, instead of demurring.
Others, however, are of so serious a cha
of strangers for reward ; whence agist racter that even after the party has ob
ment is the taking in and feeding of such tained the verdict of a jury in his favour,
cattle ; and an agister is the person who the Court, on being applied to , will stay or
does it. The agister has no lien on the arrest the judgment, upon the ground that
cattle be takes care of, unless by express
agreement ( Jackson v. Cummins, 5 Mee. & the error is of so important a nature as to
W. 342). He is not liable to re-deliver the vitiate the proceedings. Thus, where a
plaintiff brought an action on the cuse as
cattle ; but he is liable for cattle straying being entitled to the reversion of a certain
through an open gate (Chitty on Contracts, yard or walltowhichtheplaintiff alleged
8th ed . 439). in his declaration a certain injury to have
AGISTMENT : See title Agist. been committed, but omitted to allege that
the reversion was prejudiced, or to shew
AGNATI. Sometimes called Adgnati, any grievance which, in its nature, would
were those relations of a person, not being necessarily prejudice the reversion, the
of course sui hæredes, who connected Court arrested the judgment after a verdict
themselves with him by a male relation had been given in favour of the plaintiff';
ship all through. They ranked next after for in this case the gist of the action was
the sui hæredes, and next before the cog the injury to the reversion, and the plaiu
nati. Justinian, after numerous approxi- tiff in his declaration had in fact not
mations, eventually entirely abolished all shewn any such injury to exist. When,
distinctions between agnati and cognati, however, it may be reasonably presumed,
80 that agnati and cognati indifferently that is, presumed consistently with the
were the next of kin of a person, or, more general tenor pleadings, that
of the the
properly speaking, his nearest relations. defect was supplied or taken into conside
See title NEXT OF KIx . ration by the jury previously to giving
AGREEMENT : See title CONTRACT. their verdict, in such cases the error, de
AGRICULTURAL CONTRACTS : See title fect, or omission cannot be made a ground
AGRICULTURAL HOLDINGS ACT, 1875.
of objection, and is thence said to be cured
by the verdict. The principle of aider by
AGRICULTURAL FIXTURES : See title verdict is thus stated by Mr. Serjeant
FIXTURES. Williams: “ Where there is any defect,
AIDER - continued . ALDERMAN -- continued .
imperfection,or omission in any pleadings, was . In modern times, and for many ages
whether in substance or form , which would past, the word is used to denote certain
have been a fatal objection upon demurrer, officers in municipal corporations who are
yet if the issue joined be such as neces- a kind of asst ssors to the chief magistrate.
sarily required on the trial proof of the See title MUNICIPAL CORPORATIONS.
facts so defectively or imperfectly stated ALE AND BEER HOUSES. Every inn
or to
ted , and without wbich it is no
be presumed that either the judge would is not an ale-house, nor is every ale -house
direct the jury to give, or the jury would an inn ; but if an inn uses common selling
of ale, it is then also an alehouse ; and it
have given, the verdict, such defect, im an ale-house lolges and entertuins travel
perfection, or omission , is cured by the
verdict." See Stennel v . Hogg, 1 Wms. lers, it is then also an inn . Numerous
Saund. ( ed. 1871 ), p. 260 ; Rushton v . As statutes have been passed from time to
pinall, Doug. 679 ; 1 Sm . L. C. 614. time for the licen-ing and regulation of
ale -houses, the latest of which are the
AIDER BY VERDICT : See title AIDER. Licensing Act, 1872 (35 & 36 Vict. c. 94),
AIDERS AND ABETTORS. These are and the Act of 1874, amending same.
persons who either actually or construc- See title LICENSING Acts .
tively are present at the commission of an ALIA ENORMIA (other wrongs.) De
offence, aiding and abetting or counselling clarations in the action of trespass, after
and procuring the same to be done ; they stating or alleging the specific wrongs or
are principals in the second degree. The injuries complained of, usually concluded
aider and abettor of high treason is a with the general words, " and other wrongs
principal in the first degree, propter olium to the plaintiff then did, &c. ;" and this
delicti ( 3 Inst. 138) ; the aider and abettor conclusion was frequently called in the
of a misdemeanor is also a principal in language of pleading, the allegation of
the first degree, but for a very different alia enormia . . i Ch . on P’l. 397 ; Souden
reason , namely, the maxim de minimis v. Goodrich ; Peake, 46, per Kenyon.
non curat lex . Consequently, aiders and
ALIAS WRIT . This was a second writ
abettors that are principals in the second
degree are only found in the case of issued after a former one had proved in
felonies, whether at common law or under effectual. If the alius also failed, a third
any statute. The aider and abettor must writ might have been sued out, which was
participate in the felony, in the sense of called a pluries. These writs derived their
acting in concert with those committing respective names from the words occurring
it ; for although he be present, yet if he in their respective forms, viz., “ Sicut alias
do not participate, but remains merely pracipimus," “ Sicut pluries præcipimus.'
passive, he is not an abettor ( 1 Hale, 439 ). Both forms of writ were abolished by the
Moreover, the participation must be with C. L. P. Act, 1852, s. 10, and the same
a felonious intent, and not in ignorance of statute in its 9th section enacted that the
the nature of the act. i Hale, 446. plaintiff in any action miglit, at any time
See also title ACCESSARY. during six months from the issuing of the
original writ of summons, issue one or
AIDS. Grants ofmoney to the sovereign more concurrent writ or writs . And now
in support, i.e., aid , of his person and go under the Judicature Acts, 1873-77, at the
vernment. They were of two kinds, either time of issuing the original writ, or within
( 1 ) feudal , of which there were three twelve months thereafter, the plaintiff may
sub- varieties, or (2) parliamentary, buing issue one or more concurrent writ or writs
tenths, fifteenths, & c . (i.e., copies of the original writ, even the
See title Taxation, HISTORY OF. date being the same) with a seal containing
AIR : See title EASEMENTS ; sub-title the word “ concurrent” impressed on each
AIR. copy. A writ for service within the juris
ALDERMAN . This word was of very diction may be issued concurrently with
frequent occurrence among the Anglo one for service out of the jurisdiction, and
Saxons. According to Spelman, all princes vice versâ ( Order vi., rule 2). The con
and rulers of provinces, all earls and current writ is in force only so long as the
barons, were designated aldermen in a original is in force, but may be renewed
general sense ; and in that sense aldermen like the original writ.
were ex officio members of the Witenage- ALIBI (elsewhere). This word signifies
mote or House of Parliament, and had a seat that mode of defence in a criminal prose
in the shiregemote along with the bishops ; cution wbich the accused party resorts to
but the word was applied more particularly
66
in order to prove that he could not bave
to certain chief officers, e.g., the alder- committed the crime with which he is
man of all England,” whoever that officer charged, because he was in a different
ALIBI - continued . ALIENATION - continued .

place at the time of the alleged commis- the development of the ancestor's power
sion. As a true alibi is conclusive proof of over the expectant interests of his heir.
innocence, guilty parties frequently set up For, at any rate, as early as the reign of
false ones in answer to criminal charges ; Henry III., the power of the ancestor to
consequently the defence must be strictly destroy the expectation of his heirs,
proved. A false alibi is easily proved if whether collateral or lineal, was become
the witnesses are cross -examined out of the absolute.
hearing of each other. The process of subinfeudation infringed
also on the right of the lord , rendering it
ALIEN ; See titles ALLEGIANCE ; NA: more precarious and also more difficult to
TURALIZATION . levy the services to which he was entitled
ALIEN AMI. Is thesubject of a foreign as landlord in chief ; and accordingly it
country with which this kingdom is at was attempted by statute (Magna Charta,
prace ; and he becomes an alien ennemi, ch . 32) to check the practice of subinfeu
when this kingdom goes to war with his dation. But the practice was not effec
country . The war suspends his civil tually checked by that enactment; and a
rights, but they revive on the return of new mode of grant also about that time
peace. The plea of alien ennemi used to came into use, being to a man and his
be a complete stay of his action ; and heirs, or to whomsoever he might assign the
notwithstanding the prevalence of com land, -words which expressly conferred
merce over war in modern times, and not- upon the tenant a power of alienation
withstanding ( Nad. Form . Angl . Prel. Diss. p . 5 ). In
1870, the pleaalso the probably
would Naturalization
still beAct,
an consequence of this last-mentioned mode
effective stay, until the restoration of peace. of grant, and the powerofalienation which
But the plea is odious to the Court. it carried with it, the lord was still more
prejudiced in his interests, and in parti
ALIEN ENNEMI ; See title ALIEN AMI. cular in his reversion , or right to resume
ALIEN PRIORIES. These were cells the lands upon the determination of the
of religious persons in England belonging issue of his grantee. This change to the
to foreign monasteries. Most of them were disadvantage of the lord is commonly as
dissolved by Act of Parliament in the reign signed to the feebleness and distractions
of Henry IV., and some were converted of the reign of Henry III ., and it is said
into domestic priories.
to have also been fostered by the crusading
spirit of the age.
ALIENATION . This is the power of At length it was enacted by the statute
the owner or tenant to dispose of his inte- Quia Emptores, 18 Edw . 1 (or Statute of
rest in real or personal property. With Westminster the Third ), c. 1, that every
reference to personal property, the power freeman might, without his lord's consent,
appears to have always existed, subject sell his entire lands, or any portion thereof,
only to certain difficulties in the mode of the purchaser to hold the lanıls of the same
the alienation ; but with reference to real chief lord that his vendor previously held .
property, the power was only slowly and In this manner alienation by deed inter
gradually acquired. For, vivos became complete.
I. As to Voluntary Alienation , The power of alienation by will grew up
Originally no estate of freehold was later. Putting on one side certain liniited
alienable by the tenant without the con- customary powers of devise, lands could
sent of the lord of whom he held ; and in not originally be devised by will at all,
fact all estates in land were at first only excepting in an in direct and circuitous
life estates. ( See title ESTATE ). By thie manner . The method resorted to was to
time of Henry II., however, the power of convey the lands by deed inter viros to
alienation was permitted to the tenant some third person to hold the same to such
over lands acquired by purcbase, to the uses as the person conveying should men
extent ofdefeating hisheirs of their suc- tion in his will. This process was checked
cession ( 1 Reeve's Hist. E. L. 223), or of for the future by the statute 27 Hen . 8,
part thereof (l. c. 105 ). Gifts in frank- c . 10 (Statute of Uses ) ; but the process
marriage and in frankalmoign (see these having been long in use, the power of tes
titles) were the earliest of these partial tamentary disposition over lands could not
modes of alienation . Subinfeudalion was be withheld altogether, and accordingly
the other mode of alienation, which was it was partially restored by the stat.
most common (see that title) ; and as the 32 Hen. 8, c. 1 , which enabled a tenant to
heir of the subinfeudor became entitled to dispose of the entirety of his sucage
the rent or services in lieu of the land, tenures and two-third parts of his knight
that equivalent (being most probably a service tenures ; and tbe Act 12 Car. 2,
substantial equivalent) may have hastened c. 24, having converted all knight service
ALIENATION - continued . ALIMONY - continued .

into socago tenures, the power of aliena application for alimony, the Court requires
tion by will was, by a side wind , made on the part of the husband a statement
absolute. both of his casual and of his cert : in
II. As to Involuntary Alienation income to be set forth. See Hakevill v.
Originally lands were not liable to be Hakewill, 30 L. J. (M. & P.) 254 ; Marget
taken in payment of debts, but subse son v. Margetson, 36 L. J. (M. & P.) 80.
quently to the reign of Henry III., when The wife, although the guilty party, has
estates of inheritance first became general, been allowed alimony, or a provision by
the liability has been gradually imposed way of alimony, subject to conditions. See
by statute . For, ( A. ), During the life of Browne's Divorce Practice, 2nd ed . 144
the debtor.-By statute 13 Edw. 1 , c. 18, 146.
one moiety of his legal fee simple lands ALIUD EST POSSIDERE. The maxim
became liable upon judgment debts by aliud est possidere, aliud in possessione esse,
means of the writ of elegit, and by the
is a maxim rather of the Roman than of
Statute of Frauds (29 Car. 2, c. 3, s. 10 ),
one moiety ofliable
his equitable fee simple lands the English Law , and denotes the distinc
became also in like manner. Then ciou between , on the one hand, possessio
by statute 1 & 2 Vict. c. 110, the entirety civilis (which is the foundation of domi
of the fee simple lands, whether legal or nium when it matures by usucapio ), and
equitable, of the debtor were rendered on the other hand possessio naturalis,
liable upon judgment. ( See title Jung which is mere naked detention .
MENT DEBTS .) And (B.), After the de See titles ADVERSE Possession ; Pos
cease of the debtor. – His legal fee simple SESSIO CIVILIS ; USUCAPIO .
lands were liable if and so far as he had ALLEGANS SUAM TURPITUDINEM .
either charged them with the payment of The maxim allegans suam turpitudinem
his debts or specially bound his heir with non est audiendus means that a person is
such payment ; and by the stat. of Fraudu not to be listened to as a plaintiff in a
lent Devises (3 Will. & Mary, c. 14), the Court of Justice when his statement of
word heir was extended so as to include claim is based in whole or in part upon
devisee of the lands. Also, by the Statute his own unclean conduct or turpitude. It
of Frauds ( 29 Car. 2, c. 3), his equitable is aa variety of the maxim of equity, that
fee simple lands were made liable to the be who comes into equity must come with
same extent as if they had been legal; and clean hands. Considerations of public
finally by 3 & 4 Will. 4, c. 104, all his
lands ( whether legal or equitable or of policy sometimes override the maxim .
See title FRAUD.
whatever tenure) were rendered liable for
his debts of all kinds. ALLEGIANCE . Otherwise called li
An estate tail, although of inheritance, geance, is the obligation or tie existing
is not liable for debts after the decease of between the sovereign and the subjects of
the debtor ; but it is liable during his life any given state, and may be described as
in case of his bankruptcy, and also upon a the lawful and faithful obedience and duty
judgment duly executed against him, in which the subjects of every state owe to
either case to the same extent that he ( the the head of that state in return for the
debtor) himself could, without the assist protection which the state affords to them .
ance of any other person , alienate the The learning on this subject will be found
same. See Bankruptcy Act, 1869, s. 25, in Calvin's Case ( Calvin v. Smith, 7 Rep.
and 1 & 2 Vict. c. 110, ss. 13, 18. 1 ), 6 Jac. 1 , and in the notes to that case
ALIENI JURIS : See title Sui JURIS. in Broom's Const. Law. It is there said
that allegiance is of four kinds, namely :
ALIMONY ( alimonia ). That allowance ( 1.) Natural allegiance that which
which is made to a woman for her support arises by nature and birth ;
out of her husband's estate when she is (2.) Acquired allegiance — that arising
under the necessity of living apart from through some circumstance or
him . This provision is allowed the wife act other than birth , e.g., by deni
during the pendency of a suit for divorce zation or naturalization ;
or judicial separation between her and (3.) Local allegiance — that arising from
her husband, as well to provide the wife residence simply within the coun
with the means to obtain justice as for her try, for however short a time ; and
ordinary subsistence. When there has (4.) Legal allegiance - that arising from
been a sentence of divorce, on the ground oath taken usually at the tourn
of the adultery and cruelty of the husband, or leet ; for by the Common Law
the allowance for alimony becomes a per the oath of allegiance might be
manent allowance, and is continued during tendered to every one upon at
the period of their separation. Upon an taining the age of twelve years.
ALLEGIANCE - continued . ALLEGIANCE-continued.

Iu Calvin's Case the point decided was, virtue of proceedings taken in pursuance
that Calvin, although born in Scotland of the general Act or Acts.
after the union of the Crowns of Scotland See titles DENIZEN ; NATURALIZATION .
and England in the person of James I. in ALLOCATUR (it is allowed ). After an
1603, was nevertheless a subject of the attorney's bill has been examined or taxed
king of England, and as such capable of by one of the masters, and the items which
holding or of acquiring by descent lands he disallows have been deducted , the re
in England, this decision involving the maining sum, certified by the master to be
further more general principle that alle the proper amount to be allowed, is termed
giance to a sovereign personal and not the allocatur. The allocatur is conclusive
territorial, and that the maxim, quando duo as to the amount of costs . 6 & 7 Vict.
jura (imo duo regna) concurrunt in una c. 73, 8. 43 ; 23 & 24 Vict. c. 127.
personâ, æquum est ac si essent in diversis ALLODIAL LAND . Land not held of
was inapplicable. That maxim does, how any lord or superior, in which , therefore,
ever, apply in determining to what laws
a person is to it
bewas
subject. the tenant has an absolute property and
Until 1870 a rule of the English not an estate merely. The lands of the
law that no one could lay aside an alle- Anglo-Saxons were allod, but under the
giance which he had once acquired (nemo oath taken at Salisbury in 1087, all the
potest exuere patriam whence arose
suam )allegiance lands in England became feudal, i.e., held
the difficulty of a “ double ” as
> of some superior lord , and for an estate
it was called, with conficting duties ; but only.
by the Naturalization Act, 1870, this rule See titles FeudAL SYSTEM ; TENURE
has been abandoned . OF LAND, HISTORY OF.
Under the stat. 11 Hen. 7, c. 1 , alle- ALLOTMENT. Under the Acts for the
giance to the king de facto, i.e., for the inclosure of commons and waste lands, of
time being in actual possession of the which the principal Act is 41 Geo. 3, c. 109,
Crown, whether or not he be de jure also, the commissioners by their award make
is an effectual protection to the subject allotments of the common or waste to
against all forfeitures on the ground of persons diversely interested ; e.g. , to the
disloyalty or treason . lord of the manor in respect of his demesne
According to the law of England, and lands, and also in respect of his lordship ,
also that of America , locality of birth de- to a rector (or to the lay impropriator and
termines the primary allegiance, -a prin-
ciple which is still adhered to in the
vicar) in lieu of tithes, and to commoners
in respectof their lands entitled to common,
Naturalization Act, 1870 ; but according and usually in lieu of such right of com
to the laws of most continental countries, mon . The land allotted is of fre hold
the parentage of the parties determines tenure, unless the award specifies a differ
their primary allegiance. However, by a ent tenure. Awards are to be enrolled in
series of statutes special provision has been one of the Courts at Westminster, or with
made for the following classes of persons the clerk of the peace for the county, and
born abroad, all of whom are to be esteemed some are deposited in the parish church .
natural-born subjects, namely The award, once made, is conclusive that
( 1.) Children inheritors of British par- all the provisions of the stat . 41 Geo. 3,
ents, not merely for the purposes c. 109, have been complied with. A copy
of inheritance (25 Edw . 3, st. 2), of, or extract from , the award , signed by
but for all other purposes also the clerk of the peace or his deputy, is
( Doe d. Duroure v. Jones, 4 T. R. evidence.
308 ; 7 Anne, c. 5 ; and 10 Anne, See titles INCLOSURE ; WASTE LANDS.
c. 5) : ALLOTMENT, LETTER OF. Is the
(2.) Children of British fathers (4 Geo. notice received by an applicant for shares
2, c. 21 ) ; in a company, informing him of the number
(3.) Grandchildren , being the children of shares allotted to him . Such a notice
of such latter children ( 13 Geo. 3,
c . 21 ) ; and (either in writing or verbal) is necessary
(4.) Children of British mothers (7 & 8 before the applicant is bound (Gunn's Case,
L. R. 3 Ch. App. 40). The letter of allot
Vict. c. 66), but apparently only ment requires a penny stamp (33 & 34 Vict ,
as to the estates in England (real c. 97) ; of course, when not in writing, it
or personal) of such mothers .
can bear no stamp, and it is then not a
Aliens becoming permanently subjects letter, but a notice of allotment simply.
of another country may become so either
by denization in virtue of the king's letters ALLOTMENT NOTE . Is a writing exe
patent, or by naturalization in virtue of a cuted by a seaman in the form sanctioned
particular Act of the Legislature, or in by the Board of Trade, and purports to
ALLOTMENT NOTE—continued. ALMS — continued .
entitle the person therein mentioned (being sense of saying masses for the repose of the
the wife, father or mother, child or granil. souls of the deceased ; wherefore a gift of
child, or brother or sister of the seaman ) lands in frankalmoign included both these
to the proportion of the seaman's wages duties or supposed duties. Masses are now
thereby allotted . The amount is recover- held to be superstitious in law , and to be
able in the county court : Maude and Pol. void on that account: (See title SUPERSTI
lock's Merchant Shipping, 3rd ed. 165- TIOUS Uses) ; and charity is now regulated
166 . by statute in most cases ( See title Poor ).
ALLOWANCES AND DEDUCTIONS. And as a consequence, gifts in frankal
In rating such properties as mining and moign have practically wholly ceased ; but
alms distributed
there are still certain as a
manufacturing properties, the fabric and
the machinery being liable to deterioration matter of law ( e.g., by the Queen through
by constant wear and tear, and requiring her almoner, or by municipal bodies as
, and even beil
re trustees of some private foundation ); and
to
placed or renewed,repaired
be periodically and the mineral scholarships at the colleges in the two uni
ever becoming more and more exhausted , versities are really alms in their origin ,
it is a principle or rule of the Rating Acts although they are now in fact prizes com
to make certain allowances and deductions peted for by every one ; also, alms or
from the gross assessable rental. Thus, private charity is frequently indulged in
allowances and deductions have been al- towards beggars, although the law forbids
lowed to be made on account of the costs of begging in the public streets.
See titles CHARITY ; FRANKALMOIGN.
working and management, the average
probable cost of repairs of machinery, & c., ALNAGE DUTIES. These were duties
the cost of insurance of the machinery, payable on woollen cloths at so much per
&c. , and even in respect of interest upon ell ( Fr. aulne ); and the officer whose
the capital sunk in the mine. And the business it was to examine into the assize
amount ( after such deductions and allow of woollen cloths was called the alnager.
ances) which a yearly tenant would pay All such duties were abolished by 11 & 12
as a reasonable rent likely to yield him a Will . 3, c. 20, s. 2.
fair profit is then made the basis of the See also title TaxatiON, HISTORY OF.
assessment.
See titles HYPOTHLETICAL YEARLY ALTARAGE (altaragium ). This word
TENANCY ; POUR RATE. used to include not only the offerings made
ALLUVIO . This is defined to be a latent upon the altar, but also all the protit
which accrued to the priest by reason of
increase ( latens incrementum ), whereby the altar. When the altarage in part or
something goes on adding itself , but it is in the whole was allotted to the vicar or
impossible to say bow much at any one chaplain , it meant only the customary and
moment is added. It is one of the natural voluntary offerings at the altar for some
modes of acquisition whereby property divine office or service of the priest, and
accrueth to one who is already the owner not any share of the standing tithes,
of the principal thing to which the accrual whether predial or mixed . In the case of
attaches itself . Acquisition by alluvio Franklyn v. The Master and Brethren of
arises chiefly in the case of lands a ljoining St. Cross, 1721 ( Bumb. 78), it was decreed
to rivers or to the sea ; where the river or that where altaragium was mentioned in olul
the sea encroaches suddenly and visibly, or endowments , and supported by usage, it
retires suddenly or visibly, that is no case would extend to small tithes, but not other
of alluvio ; but the ownership remains as wise. See also Spelm. Glose. 28 ; Cro.
before, the aspect of the property only being Eliz . 578.
changed .
See title ACCESSIO . ALTERATIONS IN WRITTEN INSTRU
MENTS. The effect of such alterations
ALMANACK . The almanack annexed
to the Book of Common Prayer, subject to in a deed ( Pigot's Case, 11 Rep. 26 b ), bill
the alterations made in the calendar by the of exchange ( Master v.Miller, 4 T. R. 320),
24 Geo. 2, c . 23, is taken judicial notice of or promissory note (Warrington v. Early.
by the Courts of Justice ( Brough v. Perkins,
2 E. & B. 763) is this,
( 1.) If the alteration is material, —then
6 Mod. 81 ). And the Court will generally, whether (a ) it is made by a party
to refresh its memory, refer to any almanack or (6) it is made by a stranger,
of received credit (Page v . Faucet, Cro. the alteration vitiates the instru
Eliz. 227). ment ; and
ALMS. Used to signify and include not (2.) If the alteration is immaterial ,
only charity in the sense of relief to the then if (a) it is made by a party,
body of the poor, but also charity in the the alteration vitiates the in
ALTERATIONS IN WRITTEN INSTRU. AMALGAMATE - continued .

MENTS - continued . such a transaction is authorized by the
strument. Semble, Aldous V. constitutions of both companies, or unless
Cornwell ( Law Rep. 3 Q. B. 573) all the shareholders in both consent to the
must be distinguished, as the case amalgamation . And where there is a
of an immaterial alteration by power to amalgamate , that power must be
some unknown person ; strictly pursued ( 2 Lindl . Pner. 627).
But if (6) it is made by a stranger,the Speaking generally, corporations cannot
alteration has no effect at all in amalgamate ( Brice on Ultra Vires, 431 ).
vitiating the instrument. The validity of an amalgamation cannot
ALTERNATIVE OBLIGATIONS. With be disputed under the jurisdiction in a
winding up of the company;but an action
reference to these obligations, Lord Coke is necessary toimpeach it ( Imperial Bank
has said that in case an election be given of China, &c., L. R. 1 Ch. App. 339).
of two several things, always he who is AMBASSADOR . This is the commis
the first agent shall have the election
(Co. Litt. 145 a). And it has been laid sioner who represents one country at the
down as a general rule that the person seat of Government of another ; and as
who has to perform one of two things in such representative, he is exempt, together
the alternative has the right to elect ( Lay with his family, secretaries, and servants,
ton v. Pearce, 1 Doug. 15). The Roman from the local jurisdiction , not only in
law agrees generally with the English civil, but also in criminal, cases . In
law in these respects. Brown's Savigny, England, his exemption depends prin
68-69. cipally on the stat. 7 Anne, c . 12. Where
An election once made is binding, and such an ambassador involves himself in
the promise is thenceforth single to per commercial relations, much inconvenience
form the alternative chosen : Quod semel arises, the better opinion being that even
placuit in electionibus, amplius displicere in that case he is exempt from the local
non potest ( Co. Litt. 146 a). Where the jurisdiction . But an ambassador may
one of two alternatives becomes impossible, waive his privilege in all these respects,
or is so from the first, the promise is abso and submit himself to the jurisdiction.
lute to perform the other (Da Costa v. Davis, Such an ambassador is, however, amenable
1 B. & P. 242 ), unless, in the case of an in his own country to the national jurisdic
impossibility subsequently arising, the con tion thereof ; and in fact it is because he
struction of the contract or the circum carries with him into the foreign country
stances under which it was entered into the territory of his own country that he is
exclude the ordinary rule (Leake, Con exempted from the local jurisdiction. ( See
tracts, 371-375 ). It seems that no difference title EXTRA-TERRITORIALITY). Whether the
is made, whether the alternative which is exemption operates to deprive a creditor of
impossible is so for natural or for legal his real (as opposed to a mere personal)
reasons. Brown's Savigny, 67. right, is a disputed question (see case of
the United States Ambassador to Prussia .
ALTERNATIVE RELIEF . Under the Wheaton , pp, 307–318 ).
old practice, it was usual in a Bill in AMBIGUITY : See titles EXTRINSIC Evi
Chancery to pray for certain specified relief DENCE ; LATENT AMBIGUITY .
or such other or general relief as the nature
of the case may require; and there is a like AMBULATORY UNTIL DEATH . A will
claim in every action (or in mostly every is said to be ambulatory until death , be
action ) in every division of the High Court cause it ambles about uncertainly until it
under the present practice. But such prayer can amble about no more ; and then only
or claim is not an example of alternative are its intentions ascertainable.
relief properly and strictly so called ; for AMELIORATIVE WASTE . When a
alternative relief is claimed when one or
tenant commits waste in the technical
other of two specified and particular modes sense of that word, but the acts of com
of relief are pointed out, e.g., a claim for
specific performance of the contract or else mission are really a bettering of the inheri
the rescission of such contract. The alter tance and not a worsening of the property,
native relief may even be inconsistent with such waste is called meliorative or amelior
ative waste. ( See title WASTE .) The
the primary or principal relief ( Bagot v. Courts will not at the present day grant
Easton , 7 Ch. Div. 1), but within certain
narrow limits only ( Evans v. Davis, 10 an injunction to stay such waste ( Doherty
Ch. Div. 747 ; Newby v. Sharpe, 8 Ch . Div. v. Allman, 3 App. Ca. 709), although they
39) would formerly do so (Smythe v. Carter, 18
Beav. 78). The remainderman or rever
AMALGAMATE. Two companies can sioner is now left to recover the damages
not amalgamate with each other, unless (if any) he may liave sustained.
D
AMENDMENT. Is the correction of AMENDMENT -continued.
some error or omission , or the curing of defendant can amend his statement of
some defect, in judicial proceedings. defence (being a defence simply) with
First, in civil cases. — Here amendments
are either at Common Law or by statute. leave
withoutonly,
leave, his counter-claim
andprovide once
d he do so before
In the times of oral pleading, the parties pleading to the plaintift’s reply, and other
were allowed to correct and adjust their wise at any time with leave only. Gene
pleadings at any time during the oral
altercation, and were not held to the form rally amendments may be made with
leave, even amendments that are incon
of statement which they might first have sistent or unreaso nable, but upon terms.
advanced . And so at the present day, There is no pleading (not even a simple
until judgment is signed, either party may joinder of issue) which may not require
even at Common Law amend his pleading to be amended , and that for various rea
until judgment is signed, subject to the song. Thus, where formerly there would
discretion of the Court or judge, who will assignm is in the toplain
not allow amendments which appear un- have been
tiff's declarat ion, there ent
a new now be
reasonable, or whereby the opposite party amendm
an claim ent merely
may be prejudiced. And even after judg- of ( Order XIX , ofrulethe14statemen
). Also,t
ment had been signed , the Courts hal a various amendments are consequential
power, even atCommon Law, of amending, upon original amendments made original
by the
it being considered that during the term other side ; and where these
wherein any judicial act was done, the amendments are made by leave, the leave
record remained in the breast of the judges given for them is usually (to save ex
( Co. Litt. 260 a ). This power of amend
ment at Common Law was largely supple- pense) made to
other party to amend to authorizing ,the
extend consequentially if
mented by various Acts of Parliament and as he shall think fit.
called the Statutes of Amendment, which See title PLEADINGS .
were commonly classed with the Statutes Secondly, in criminal cases. It was the
of Jeofails, and by which almost all errors opinion of Lord Holt and of the other
in pleading, being errors in form only, were judges in R. v. Tucker ( 1 Salk . 51 ), that
amendable, and certain objections to defec whatever was amendable at Common Law
tive pleadings, being defective as to form in civil cases was also amendable at Com
only,were obviated after certain stages had mon Law in criminal cases . The statutes,
been reached in a cause. The so -called however, mentioned above, allowing
Statutes of Amendments were the 14 Edw.3, amendments and curing defects in civil
c. 6, st. 1 ; 9 Hen. 5, c. 4, st . 1 ; 4 Hen. 6,
M
cases, did not in general extend to cri
c. 3 ; and 8 Hen . 6 ,cc, 12, 15 ; the so-called minal cases at all, except perhaps to cases
Statutes of Jeofails were the 32 Hen. 8, of misdemeanour. But by the 7 Geo. 4,
c. 30, 18 Eliz. c. 14, 24 Jac. 1 , c. 13, 16 & c. 46, s. 19, if an accused person pleaded
17 Car. 2, c. 8, 4 & 5 Anne, c. 16, and 5 a misnomer, the indictment was to be
Geo . 1, c . 13. And see generally as to amended by inserting the correct ortho
both the case of Stennel v. Hogg, 1 Wm. graphy. And by the more recent statutes,
Saund . 260, ed. 1871 . Vict. c. 46,and the amend
11 & 12 s. 4,14as to Vict,
But under recent statutes, being chiefly ment of variances, & 15 c. 100,
the C. L. P. Acts, 1852, 1854, and 1860, as to errors in the names of counties, cities,
much larger powers of amendment were &c. , and in the allegations of the owner
conferred , not only in cases of the mis ship of property , very large powers of
joinder and non -joinder of party-plaintiffs amendment are committed to the judge in
or defendants, but also and principally criminal trials, where he is of opinion that
where a variance appeared between the the defendant cannot be prejudiced thereby
pleadings and the evidence. And now in his defence on the merits.
under the Judicature Acts, 1873-5, and
the Orders and rules made thereunder, AMENDS, TENDER OF. Under the
which are partly declaratory of and partly statute 11 & 12 Vict. c. 44, s. 11 , relative
additional to the common law powers to proceedings against justices, the justice
of amendment, it is provided briefly as may, after the required notice ofaction
follows : -A plaintiff may amend his writ, has been given , tender such sum ofmoney
but by leave of the Court only, and such as he may think fit as amends for the
amendment may be either in respect of the injury complained of in such notice, and
parties or in respect of the indorsement of he may thereupon pay into Court the
claim ; a plaintiff may also amend his money tendered , and may afterwards give
statement of claim once without leave, in evidence the same ; in which case , if
provided be do so before replying to de- the jury assess the injury at no larger
fendant's statement of defence , and other- amount, judgment shall be given for the
wise at any time with leave only. A defendant, who shall be entitled to deduct
AMENDS, TENDER OF-continued. ANCESTREL. Relating to one's ances

his costs out of the money so paid in. A tors. Homage ancestrel was where a tenant
like tender of amends may alsobe made by and his ancestors had time out of mind
revenue officers and by special constables, held by homage of the lord and his ances
and also in cases ofproceedings
involuntaryunder
trespasses, tors. Also, real actions were either pos
and for wrongful Rail- sessory, i.e., of a man's own seisin , or
way Acts. See Arch. Pr. 1372, 1174, and ancestrel, i e., of the seisin of his ancestors.
1273 . ANCIENT DEMESNE, or DOMAIN
AMERCEMENT. See title AMERCIAMENT. (vetus patrimonium domini). A tenure
whereby all manors belonging to the Crown
AMERCIAMENT. A pecuniary punish in the days of Edward the Confessor and
ment for some fault or misconduct, differ- William the Conqueror were held ; the
ing (in theory at least) from a fine in being numbers and names of which manors, as of
less out of leniency (merci) than the fault all others belonging to common persons,
or misconduct deserved. Magna Charta, William the Conqueror caused to be set
c. 24 , requires a freeman to be amerced down in a book called Domesday ; and
only for a great fault, and in proportion those which appear by that book to have
to the Crown, and are there deno
only to its greatness, and to the poverty of belonged
his estate . See Griesley's Case, 8 Co. minated terræ regis, are called ancient de
38 a. mesne. Lands in ancient demesne are of
See title WAINAGE. a mixed nature, i.e., they partake of the
properties both of copyhcld and of free
AMEUBLISSEMENT. In French Law , hold ; they differ from ordinary copyholds
under the régime en communauté (sce that in certain privileges, and from freehold by
title), when that is of the conventional one peculiar feature of villenage, viz ., that
kind, if the husband or wife, or either of they cannot be conveyed by the usual com
them, make their or either of their present mon law conveyance, but pass by surrender
or future immoveable property come into to the lord or his steward in the manner of
the community either in whole or in part, copybolds, with the exception that in the
this is called an ameublissement, which surrender the words “ to hold at the will
may be either determinate or indeter of the lord ” are not used , but simply the
minate . words “ to hold according to the custom of
AMICUS CURIE . When a Court of
the manor. " There are three kinds of
Justice is in doubt or in error in a matter tenants in ancient demesne. First. Those
whose lands are held freely by grant of
of law, any of the counsel present may the King. Secondly. Those who do not
inform the Court upon it, out of a regard hold at the will of the lord , but yet hold
for the Court merely. of a manor which is ancient demesne, and
AMNESTY. An act of pardon or obli- whose estates pass by surrender, or deed, and
vion , such as that of 1660 (Restoration of admittance, and who are styled customary
Charles II.). freeholders. Thirdly. Those who hold of
AMORTIZE . To alien in mortnain . a manor which is ancient demesne, by copy
of court roll, at the will of the lord , and
AMPLIARE. “Est boni judicis ampli. are styled copyholders of base tenure
are jurisdictionem suam ,” i.e., to endeavour (Cowel ; Scriven on Copyhold , p . 425 ;
to find some ground for assuming jurisdic - i Cruise, Dig. 44 ). Whether lands are
tion in a proper case, not to exceed his ancient demesne or not must be tried by
admitted jurisdiction. Domesday Book, F. N. B. 16 D., the autho
rity of which is conclusive (4 Inst. 269 ) ;
ANATOMY, SCHOOLS OF. These are but the question whether lands are parcel
regulated by the stats. 2 & 3 Will. 4, c. 75, of a particular manor which is ancient
4 & 5 Vict. c. 26 , 24 & 25 Vict. c. 96, and demesne may be tried by a jury . Hunt v.
34 Vict. .
c. 15. See also R. v. Feist, 8 Cox, Burn, 1 Salk . 57.
C. C. 18.
Tenants in ancient demesne used to
ANCESTOR . The distinction made be- enjoy certain privileges, e.g., that of being
tween an ancestor and a predecessor in impleaded in the Courts of their own
law is, that the former is applied to an manors only, and of being exempted from
individual in his natural capacity, as J. S. serving on the juries of the county ; but
and his ancestors, and the latter to a com- those privileges have mostly ceased , and
pany, body politic, or corporation, as a provision is made by the stat. 4 & 5 Vict.
bishop and his predecessors (Cowel ; Co. c. 35, and the Acts amending same, for the
Litt. 78 b.; Britton, 169). However,this general enfranchisement of ancient de
distinction is not attended to in the Suc mesne lands .
cession Duty Act, 1853 (16 & 17 Vict. See titles COPYHOLDS ; VILLEIN
c. 53). Socage ; VILLENAGE.
D 2
36
ANCIENT DOCUMENTS. These are re- ANIMUS ET FACTUM — continued.
ceived in evidence for certain purposes , and of domicile ; also, for the efficiency of most
subject to certain restrictions. But ancient other legal acts.
grants are not to be received in evidence See title DOMICILE .
unless they can be accounted for as coming ,
e.g. , from the hands of some one connected ANIMUS FURANDI. The felonious
with the estate ( Swinnerton v. Stafford intention of stealing. It was a maxim of
(Marquis), 3 Taunt. 91 ) ; or from a reason- Roman Law , -furtum sine af'ectu furandi
ably probable custodian of them (Crough- non committitur, —and that is also a maxim
ton v. Blake, 12 M. & W. 205 ). Ancient of English Law , which, however, judges
surveys have in many instances been held the intention by the act, until the act is
inadmissibleto prove the extent or rights explained .
of a manor (Evans v . Taylor, 7 A. & E. 617 ;
Daniel v . Wilkin , 7 Exch. 429 ) ; but when ANIMUS NON REVERTENDI Animal
ancient doc uments evidence an act of accustomed to go and return con.tinue thes
ownership, then they are admissible as property of their owner until they lose the
evidence of title ( Doe d. William the Fourth animus revertendi ; and they are said to
v. Roberts, 13 M. & W. 520 ) ; and this is lose that intention , when they in fact cease
what is meant by the rule that in support for good to return ( Just. Inst. ii. 1 ). This
of the “ ancient possession " of lands ancient ruleof the Roman Law has been adopted
documents executed simultaneously with without any modification in the English
the transactions with which they relate are Law .
receivable in evidence. Similarly ancient
documents are receivable in evidence, ANNATES. These were first fruits, and
when they are in the nature of an inquisi were so called because one year's value of
tion in a public matter ( Carr v. Mostyn , profits was taken as their rate. They were
5 Exch . 69).
payable to the Pope, but by the stat.
ANCIENT LIGHTS : See titles EASE- 23 He
25 Hen.n . 8 8,c. 20,
c. 9, y cea
theenf orcsed
ed to payabl
bybethe stae.
t.
MENTS, sub - title Light ; Lights.
ANCIENT POSSESSION : See titles of AN
a NU
cerIT misofis mo
n suTh
taiY. yeayrlygrapa
a ne nteymdentot
ANCIENT DOCUMENTS ; POSSESSION .
ANDERSON'S CASE : See title HABEAS another in fee, or for life, or for a term of
CORPUS.
years, and charging the person of the
grantor, although it may also be made to
ANIMALS . There may be property in charge his real estate , in which latter case
wild animals when reclaimed , e.g., in a it is most commonly called a rent-charge.
cat; and in the case of unreclaimed ani. The remedy was either by writ of annuity
mals, the property in them, according to or by distress, according as the person or
the law of England, said to be in the aff lan
theect e Apgra
ed.ds ofThthe port
ntoio
r we entsoAcugtht(4to& be5
nmre
owner of the land upon which they are
started and captured ( Blades v . Higgs, Will. 4, c. 22) first made annuities ap
12 C. B. ( N.S.) 501), although by the laws portionable.
(53 Geo . 3, c.Un141 theuitAnn
der), ann iesuit
fory liv
Acest
of most countries it is in the captor ( See granted by way of the repayment of
title OCCUPATIO ). The owner of animals money lent, required to be inrolled in
with a mischievous propensity is liable for Chancery; but now, under the stat. 18 &
the damages they occasion , provided he
knows their mischievous propensity .( Jones reg Vicere
19 ist y req
theCou
15,the
t.dc.in rt uir on me
of eCotommbe reas.
Ple ly
v. Perry, 2 Esp. 482 ; Stiles v. Curdiff Steam as, lega
Navigation Co., 12 W. R. 1080.) The stat . Annuble
paya itie s may
, not massbeatrega
in also onerded
time but cies
by
28 & 29 Vict. c. 60, provides for dogs doing instalments every year or aliquot part of a
damage to cattle or sheep, and dispenses in year ; ther efor e the word legac ies in gen e
these cases with the requisite of the owner's ral comprises the word annuities. Bolton
scienter . The stats . 5 & 6 Will . 4, c. 59 ( Duke) v. Williams, 4 Bro. C. C. 361 ;
( since repealed ), 12 & 13 Vict . c. 92, and Mullins v. Smith , 1 Dr. & Sm . 204 .
17 & 18 Vict . c. 60, punish crueVict
lty to ani- If an annuity is given simpliciter, it is
mals ; and the stat. 2 & 3 . c. 47, an annuity for the life only of the an
prohibits bear-baiting and cock -fighting. nuitaut ( Kerr v. Middlesex Hospital, 2 De
And as to bequests of personal property to
a dog -charity, see University of London v. nui & G.
M. ts,
G. tan for583 or , of
the) ; life the lon
in the oftjoi
caseges livnteran
of
Jarrow , 23 Beav. 159.
ANIMUS ET FACTUM . The combina-
them (Wilson v. Maddison, 2 Y. & C. C. C.
( Nic
c . 26) ; an
372 v. Hawk
holslaw sam10 Har
thees, e, 31Vi2)..
tion of the intention with the actual fact. Wh ere, how d the
ever, anis ann uity eis sin
givceen1 to ct
A.
This combination is required for a change in general terms, and the gift is accom
37
ion e ANSWER — continued .
panied withY_acodirntect
inued to provid for the name used to denote the affidavit made in
outIT
samANe NU of the proceeds. of property , that answer to interrogatories administered by
is a perpetual annuity ( Kerr v. Middlesex either party to the other party in the
Hospital, supra ), unless the direction is action touching the subject matter of the
men ofsag
outplu
meret sur thee, “e.g. merlelyeffdir
gen, era s ” sofpay
ectect the- See. titles DISCOVERY ; INTERROGATORIES.
action
ANTE LITEM MOTAM . As a general
testator ( Innes v. Mitchell , 6 Ves. 464 ) ; rule, hearsay evidence in the cases where
and, of course, the testator may , by express it is admissible ) must be of matters that
words, give a perpetual annuity ( Stokes v. have been done before the litigation arose ,
in which it is proposed to adduce them as
on ,eti
HerSom 12 mes 161
anF.ann
Cl. & ). y is payable only
uit evidence, e.g., pedigrees must have been
out of income ( Foster v. Smith , i Ph . 629 ), made long before and without prospect of
and sometimes it is a charge on the corpus the said subsequent litigation ; and so also
2itseDelf G. the& est
of M. G.ate
652), which
in ght
( Wri latter
v. Cal dere,
lencas declarations of deceased persons against
their own interest or in due course of their
the annuitant may , if the income is insuffi business. Whatever is post litem motam
cient, require a sale of a sufficient part of is not admissible ; because that would
the corpus (May v. Bennett , 1 Russ. 370 ), enable people to make evidence for them
and will even be entitled to a prospective selves (see title EviDENCE , sub- title HEAR
order for the necessary successive future SAY). Communications that are privileged
sales ( Hodge v. Lewin, 1 Beav. 431 ). An from production for professional reasons
indefinite trust to receive rents for pay are so, whether made ante litem motam or
ment of an annuity is a charge of the an (à fortiori) post litem motam or conspectu
nuity upon the corpus ( Phillips v. Gut
teridge, 11 W. R. 12 ) ; and a direction to litis. See titles PRIVILEGED COMMUNICATION ;
purchase an annuity for A. entitles A. to PRIVILEGE OF WITNESSES.
have thepurchase -money paid over to him ANTE -NUPTIAL SETTLEMENT : See
or her ( Ford v. Batley , 17 Beav. 303 ; Re titles MARRIAGE SETTLEMENTS ; SETTLE
Brown's Will, 27 Beav. 324) ; although the MENT OF REAL ESTATE ; SETTLEMENT OF
testator may have directed the contrary
Cheek , 28 Beav . 620 ) ; and if the
( Stokes v.ati PERSONAL ESTATE .
repteres
in ed anves
ndent anlt be
nuitwil itedhito
entad,
is de theson
s per al-
pur ANTICHRESE : See title NANTISSEMENT.
ANTICHRESIS . - In Roman Law , was a
chase -mon ey ( Day v. Day, 1 Dr. 569), contract of pledge , in which the pledgee
although the purchase -money is to consist creditor received the produce in lieu of
of the proceeds of land sold ( Bayley v.
st . titles NANTISSEMENT ;
intereSee WELSH
BishAn op ,an
9 nuVeits.y 6).will abate with general
MORTGAGE.
leg
cifi c es
aci inte Carr v. Ing
(rest
ess in ann
leb y, 1 nDe G. & Sm y.
d, whe
lanuit iten will ANTICIPATION .
362),
abate unl with the er
the oth specific
y is giv a onl
aslegaspe
cies
This word is com
monly used in Courts of Equity as signify .
ing the alienation of married women . It is
When an annuity is given by will , the a rule of the Common Law that the abso
Cre
(fir stedpayv.men
Cretedthe
, 11 f is&toF.be491
reoCl. ma).de, in the lute property given to any one cannot be
absence of express directions otherwise fettered with any restraints or conditions
directing payment, one year after the tes- against alienating ( Tud. L. C. Conv. 858,
tator's death (Gibson v . Bott, 7 Ves. 96), or Bradley v. Peixoto ); but Courts of Equity ,
if successive interests for life and in re-
in the case of properdty given to the sepa
mainder are given by way of annuity out
rate use of a marrie woman , allow the
of a sum of money directed to be placed
restraint, as tending to render the sepa
out to answer it, then two years from the
rate use more perfect and assured ( Tullett
testator's death (Gibson v. Bott, supra ).
V. Armstrong, 1 Beav. 21 ). Whence the
clause agaibst anticipation is common in
ANSWER . This was the most usual gifts of property to females to their sepa
plade
mo intofin rai Cogurdef
thesin Chesanto
t ofenc , bel in
a bil
cery ofg mo m-
core rate See
use . title
SEPARATE ESTATE .
APICES JURIS NON SUNT JURA .
common than either plea ordemurrer : but The extremes of law are not law , scil.
it has now ceased to be the name of any make bad law, according to the cognate
pleading at all, what used formerly to be maxim summum jus summa injuria .
led an answer
calnt being now called inATall
mee ofisi ence (see title DEFENCtE , ST
defons E-
te APOLOGY . In the case of a libel being
th
ME OF). An an Hi
Div
NT ofdthe angh Couris no
swer a wstathe published in a newspaper or other like
APOLOGY - continued . APPEALS, CIVIL, VARIETIES OF
public writing, the 6 & 7 Vict. c. 91 , pro continued .
vides that the defendant may plead the Westminster ; so likewise are appeals from
inadvertent insertion of same without the Lord Mayor's Court of the City of
malice or gross negligence, and the prompt London ( Appleford v. Judkins, 3 C. P.
insertion in the same publication of an Div. 489 ; Le Blanch v. Reuter’s Telegraph
apology for same : and he may pay into Co., 1 Exch. Div. 408). Every judg:
Courtat the same time a reasonable sum ment (whether final or interlocutory ) and
of money by way of amends. A like pro- also every order of the High Court of
vision is made in the case of defendants Justice is appealable to the Court of
being private individuals (s. 1), and such Appeal (being the upper branch of the
apology shall go in mitigation of damages. Supreme Court), unless when the right of
APOSTASY . This offence differs from appeal is expressly excluded ; and further,
heresy in this, that apostasy is a total every judgment (whether final or inter
renunciation of a religious belief once locutory) and also every order of the
professed, while heresy consists in denying
Court of Appeal is appealable to the
House of Lords : but as regards Scotland
some one particular doctrine only. At the or Ireland appeals lie to the House of
present day apostasy is punishable under Lords only where such an appeal lay before
the stat. 9 & 10 Will. 3, c. 32 (Revd. Stats.
9 Will. 3, c. 35), by incapacity for or de the Appellate Jurisdiction Act, 1876. But,
of course, orders by consent or as to costs
privation of offices of trust or emolument, merely (where no principle of taxation is
and by imprisonment for three years with involved ) are not appealable in any case.
.
From an
within fourdays after the outward profes- Chambe rs intheCommonLaw Divisions,
sion of apostasy, and be followed up within an appeal lies to the Judge at Chambers, and
three months, otherwise the accusation then to a Divisional Court, and then to the
falls through. The penalty is also remitted Court of Appeal, and finally to the House
upon an open retractation in Court of the of Lords; and from an order made by the
offence. But, semble, the whole law is Chief Clerk (or Judge) at Chambers in the
obsolete .
Chancery Division, an appeal lies to the
APOTHECARY : See title MEDICAL Judge in Court, or (with his consent) direct 1
PRACTITIONER .
to the Court of Appeal, and thence to the
APPARENT EASEMENTS . – Are those
House of Lords. The times for bringing
which are visible to the eye ; e.g., a drain these appeals are variously limited ; and
the Court is not disposed to extend the
or pipe conducting water from the domi time, the multiplicity of appeals being a
nant over the servient tenement. Unity
of possession , so long as it lasts, may ex subject open to great abuse in the hands of
a certain class of suitors .
tinguish such easements as easements ;
but upon a subsequent severance of that APPEALS, CRIMINAL. Under the
unity of possession , an apparent easement stat. 11 & 12 Vict. c. 78, a Court for crown
would revive naturally upon the grant of cases reserved was established ; and that
the dominant tenement ( Suffield v. Brown,
Court is now constituted of a Divisional
33 L. J. Ch . 345 ), and should be carefully Court of the High Court of Justice, con
revived by express words upon a grant of
the servient tenement. sisting of not fewer than five judges
See title EASEMENTS . (Judic. Act, 1873, s. 47 ). All cases or
points in cases reserved at criminal trials
APPARENT POSSESSION. See titles are taken to that Court, and are in the
FRAUDULENT CONVEYANCES ; ORDER AND nature of appeals. But appeals proper in
DISPOSITION. criminal cases never lay , excepting for
APPARITOR . This was a messenger of some error in law apparent on the face
of the record , and in that case they were
the spiritual Courts, whose duty was to (and still are) to the Court of Queen's
serve the process thereof. Bench, and thence to the Court of Appeal
APPEAL, COURT OF : See titles COURTS ( Bradlaugh v. Reg. 3 Q. B. Div. 607 ).
OF JUSTICE ; COURTS OF APPEAL. But appeals against convictions are in
APPEAL PETITION : See title PETITION tended to be made general .
OF APPEAL. Prior to 59 Geo. 3, c. 46, there were so
called criminal appeals, which were not
APPEALS, CIVIL, VARIETIES OF. appeals at all in the ordinary sense of that
All appeals ( in civil matters ) from Petty word, but proceedings of first instance, in
or Quarter Sessions, from County Courts, which trial by combat or battle was the
and from Inferior Courts generally, are to right of the defendant (called the appellee ).
a Divisional Court of the High Court at There were five kinds of these latter appeals,
39
APPEALS, CRIMINAL continued . APPEARANCE TO WRIT — continued .
viz., (1.)Appeal of arson ; (2.) Appeal of (2.) In an action for pecuniary damages ;
h ; ery(3.;) Ap
ofdeatrobb and rapeal
ofApp
(5.)
peal (4. ma
e ; of peem
) Apyb al. an action for debt or liquidated
(3.) Inand
damages when writ is specially
The last instance of such an appeal in indorsed (Order XIII ., rule 3 ), and
English Law was the appeal of rape and even when writ is not specially
death in Ashford v. Thornton ( 1 B. & A. indorsed ( Order xin ., rule 5 ).
cuse);that
d the stast .in59coGeo
it wa nseq.ue3,ncc.e of
46 tha
wast A married woman appears by her hus
passedanto put
405 an end to all such appeals band, but may by leave appear alone ; an
for the future ( see title BATTLE , TRIAL infant and also a lunatic not so found
BY). The peculiarity of these appeals was, appears by the person with whom he re
that the private injury was sought to be com- sides (or by his father or general guar
pensated , not the public wrong avenged ; dian ) ; a lunatic so found appears by his
because where the appeller ( i.e., prose- committee. The effect of entering an ap
cutor) was successful, he had the life of pearance used to be to waive any irregu
the appellee in his hands, and mi ght larity in the ons or in the
writ ofbessummSmi
what terms of compensation he service reof
the (For v. th , 24 L. J.
Exch . 167), and such would seem to be
likedtupo
insis n ransom of such life.
as the still the LLAN
APPE ALS
See tit EVID
le, JU ENCE
RY, TRI UPON . When
AL BY. APPE case . T . Is the person who carries
a decision to the Court of Appeal, the
dence s
idavit already used in the judgment in the Court below having been
the appealbyisaffto the Court
evi of Appeal, the
adverse to him E.
whertn pr
Cou bel tedisbel
inow proowduc edd inina pri
, an ntette
a wri n orm
d for APPELLAT COURTS ; see title Courts
printed form when written below , and the OF AP PEAL .
ceandta n viv eddenby APPENDANT. This word , in its general
shoden
evi rth keter
-wri â voc
's not es e Fur
). prod
is the r uc
evi ce sen se , den ote s anything annexed in what .
means of the judge's notes or (sometimes, ever manner to any other. But as applied
to incorporeal hereditaments in the law
is producible as a matter of right upon all of real property, it denotes something an
interlocutory appealce s, but upon other ap nexed as an incident to some other and cor
furvethe r evidentheof facts cesenofsuoth e
bser
outlslea
pea , but fur r evi denari poreal editament, and the annexation of
quent to trial below may be adduced with which her there to is of a necessary character,
and has therefore existed from the very
facts only with leave (Order LVIII.,rule 5). beginning of time . Thus , that amount of
When the appeal is to the House of Lurds , common which from the first, and as of
the evidence is all printed in the Appen necessity , the lord assigned to his villeins
dices scheduled to the appeal case . to dep asture their beasts of husbandry
APPEARANCE AT TRIAL : See title during such times as their lands (which
were all of them arable ) were in ear, was
TRIAL, APPEARANCE AT. called common of pasture appendant; and
APPEARANCE TO WRIT. The defen similarly , the lord from the first, and as of
dant enters his appearance to a writ of necessity, erected and endowed a church
summons by leaving a memorandum of (being the manor or parish church ) for the
appearance at the office out of which the religious education and welfare of his
writ issued , and such memorandum is tenants, and the endowment of such church
entered in the cause - book . The normal
was called an advowson appendant, i.e., to
periode for appearing is eig ht days after the manor. It is also a characteristic of
servic of writ. A landlord (whose tenant properly appendant rights, that once they
is defendant in an action of ejectment) can are disannexed ,although for ever so short
appear only by leave ; so likewise a defen a time, from the principal hereditament, so
dant 'sued under the Summary Procedure as to become in gross, they can never become
Bilndlsanof
onfe
de faich
t Ex to geappAct
ls an ear( wit
see hin
EXCHANGE ). In a Chancery action , if the
BILL OF
titletheeig ht appendant again , but may become appur
tenant
See. further, the titles APPURTENANT ;
days , the plaintiff files an affidavit of ser IN GROSS ; COMMON ; and INCORPO
vice of the writ, and thereafter the action REAL HEREDITAMENTS .
nera si
gery lly
procee in theCo ds usualonway. But
mevifewonact
in soDi
ce asionins, as in theLaw
thewell mm Di-
Chan APPOINTMENT TO OFFICES . Where a
visions, immediate judgment may be signed person acts in a public capacity, his so
for default of appearance to the writ of acting is primâ facieevidence ofthe validity
of his appointment (R. v. Winnifred , 1
( 1. ) In an action for recovery of land ; Leach , C. c. 515) ; and this presumption
summons , e.g.:
APPOINTMENT TO OFFICES—contd . APPORTIONMENT - continued .
is adopted in the Criminal Law Consolida- of common is that of common sans nombre.
tion Acts of 1861 . Wild's Case, 8 Rep. 79 ; Bennett v. Reeve,
Willes, 232.
APPOINTMENT, POWERS OF. These
are either general or special; the former APPORTIONMENT OF RENT. By the
enabling the donee of the power to appoint Common Law there was no apportionment
to any one he pleases, and even to himself of rent in respect of time, rent not being
( for which reason, the property which is regarded as accruing due de die in diem .
subject to a general power of appointment Clun's Case, 10 Co , 126 a.
is liable in case of his bankruptcy : Bank
ruptcy Act, 1869, s. 15 , sub -s. 4 ) ; the Accordingly ( 1.) If the lessor was owner
in fee simple, or (being owner for a limited
latter enabling him to appoint among par estate) had a power of leasing, upon his
ticular individuals only, or notat all. There death in the interval between two days of
is also the following distinction between
payment, his executors were not entitled to
these two kinds of powers, viz., that the any part of the rent in respect of the
general power, when exercised, dates from accrued portion of the interval, but the
the exercise thereof, and not earlier ; while rent for the entire interval went to the
the special power, when exercised, dates
person who took the reversion (whether as
from the creation thereof, which is neces heir-at-law, devisee , or remainderman ).
rily an earlier period than that of the Earl of Strafford v. Laily Wentworth, 1 P.
exercise. Wms. 180 .
See titles CONVEYANCES: POWER . And (2.) If the lessor was tenant for life,
APPORTIONMENT. This word applies or for any other limited estate, and had no
to rents, annuities, and common . First, as power of leasing, upon his death in the
applied to rents, it denotes a division of the interval between two days of payment, his
rent in certain proportions; and as to rents- executors were not entitled to any part of
service, these (although originally and in the rent in respect of the accrued portion
their own nature indivisible) have been of the interval , and neither was the rever
divisible since the stat. Quia Emptores, sioner entitled to that part of the rent, but
18 Edw . 1 ( Statute of Westminster the that part ceased to be payable at all by the
Third ), c. 1, and as to rents-seck, rents- tenant to any one. Jenner v. Morgan , 1 P.
charge, & c., these have been mado appor- Wms. 392.
tionable by the stat. 4 Geo. 2, c. 28 ; and However, by statute, rents have been
now also by Lord St. Leonards' Act, 22 & made apportionable, the principal statutes
23 Vict. c. 35, the release of part of land being the following :
subject to a rent-charge does not release (a.) By 11 Geo. 2 , c. 19, s. 11 , when any
the other part, which the intention was tenant for life, not having a power of leas.
should remain unreleased . By the stat. ing, dies on or before the day on which the
11 Geo. 2, c. 19, rents secured on leases are rent is payable by his lessee, the executors
made apportionable between a landlord of such tenant for life are entitled to the
( tenant for life) deceased and the succeed . whole or a proportion (as the case may be)
ing remainderman or reversioner-an ap- of the rent in respect of the accrued interval
portionment which hasbeen made universal or accrued portion thereof; and it has been
by the stats. 4 & 5 Will. 4 , c. 22, and the held that the statute extends to a tenant in
Apportioument Act, 1870 (33 & 34 Vict. tail (Whitfield v. Pindar, 8 Ves. 311 ). The
c . 35). Secondly, as applied to annuities, statute did not, however, extend to land
these were made apportionable by the stat. tax or quit rents ; neither were such rents
4 & 5 Will . 4, c . 22, a provision which has apportionable in Equity (Sutton v . Chaplin,
been extended by the stat. 33 & 34 Vict. 10 Ves. 66) ; and it was doubtful if it ex
c. 35, the 2nd section of which enacts as tended to tenancies held pur autre vie .
follows : “ From and after the passing of Accordingly, (6. ) By 4 & 5 Will. 4, c. 22,
this Act ( Aug. 1 , 1870], all rents, annuities , commonly called the Apportionment Act,
dividends, and other periodical payments it has been enacted that rents reserved and
in the nature of income (whether reserved made payable on any demise or lease of
or mado payable under an instrument in lands, tenements, or hereditaments which
writing or otherwise) shall, like interest on have been and shall be made, and which
money lent, be considered as accruing from leases or demises determined or shall deter
day to day,and shall be apportionable in mine on the death of the person making
respect of time accordingly.” Thirdly, as the same (although such person was not
applied to common , upon a purchase by the strictly tenant for life thereof) or on the
commoner of part of the land over which death of the life or lives for which such
his right of common exists, the right may person was entitled to such hereditaments,
be apportioned ( Co. Litt. 149 a) ; and it shall, so far as respects the rents reserved
makes no difference, semble, that the right by such leases and the recovery of a portion
APPORTIONMENT OF RENT - contd . APPORTIONMENT OF RENT-contd.

thereof by the person granting the same, periodical payments in the nature of income
his or her executors or administrators (as the reserved or made payable otherwise than
case may be), be considered as within the by an instrument in writing, with the like
provisions of the Act 11 Gto. 2, c. 19, s. 11 ; remedies for the recovery of the propor
and that all rent service reserved on any tionate payment. This Act was necessi
lease by a tenant in fee or for any life inte- tated by the decision in Cattley v. Arnold
rest, or by any lease granted under any (1 J. & H. 651), which limited the earlier
power (being in each case a lease granted Acts to payments reserved by instruments
after the 10th of June, 1834 ), and all rents- in writing only ; and since the Act of 1870,
charge and other rents, annuities, pensions, there is probably nothing that is not now
dividends, moduses, compositions, and all apportionable, as if it accrued from day to
other payments of every description in the day.
united kingdom of Great Britain and Ire APPRAISE To set or affix the true
land made payable or becoming due at fixed price or value on goods. By stat. 11
periods under any instrument (being an Edw . 1 (Acton Burnell), appraisements
instrument that came into operation after are to be made on oath, and are to be at
the said 10th of June, 1834), should be ap the true value, under the penalty of the ex
portioned so and in such manner that, on cessive appraiser having to purchase at his
the death of any person interested in the own valuation ; and by stats. 46 Geo. 3,
said respective payments, or on the deter c. 43, and 8 & 9 Vict. c. 76, appraisers
mination otherwise of the interest of such must be licensed, and by the Stamp Act,
person therein, he or she, and his or her
executors, administrators or assigns, should 1870 (33 & 34 Vict. c. 97), every appraise
ment is to bear a stamp of 6d. for every
be entitled to a proportion thereof, accord £ 10 of value, and for every value between
ing to the time which should have elapsed £ 5 and £ 10, and a stamp of 3d . for £5 of
from the commencement or last period of value or under. But appraisements made
payment thereof respectively (as the case for one side only, and not being obligatory
may be) including the day of the death or as between theparties, are exempted .
other determination of the interest of such
person, subject nevertheless to all just APPREHENSION OF OFFENDERS : See
allowances and deductions in respect of titles CONSTABLE ; POLICE ; WARRANT.
charges thereon respectively, the remedies APPRENTICE . A person in the course
for the recovery of such proportion to be of learning any profession is so called in
come available when the entire amount is law ; but the name is now commonly
become payable, and not before ; such reme limited to a person bound by indenture to
dies to lie and be directed against the per
son or persons who (but for this Act) would a tradesman, who thereby undertakes for
certain considerations to teach him his
have been entitled to receive and to retain trade. See the duties of tho master ex
the entirety of the said respective payments. plained in Couchman v. Siller (23 L. T.
( c.) By the Act 14 & 15 Vict. c. 25, 8 1 , 480 ); and those of the apprentice in Cooper
when the lease or tenancy,being at a rack v. Simmonds (7 H. & N. 707 ). Where, as
rent, shall determine by the death or cesser usually happens, the apprentice is an in
of the interest of the landlord entitled for fant, no action lies against him on his
his life or for any uncertain interest, instead
of claims to emblements, the principle of covenant (Gylbert v. Fletcher, Cro .Car. 179),
unless by special custom ( Whittingham v .
an apportionment of rentis introduced, the Hill, Cro. Jac. 494) ; therefore usually the
tenant being allowed to hold on till the parent covenants for him , but the infant
end of the current year of his tenancy, must execute the indenture (R. v. Arnes
upon the terms of the old holding, where ley, 3 B. & A. 585). Under the Stamp
upon he goes out without any notice to quit Act, 1870, the indenture must be stamped
either given or received . with a 58. stamp for every £ 5, or fraction
(d.) By the Lands Clauses Consolidation of £ 5 ,of premium
Act, 1845 (8 & 9 Vict. c . 18), s. 119, and where there is no ,premium
and with. a 2s.6d . stamp
under the Church Building Acts (17 & 18 Regarding parish apprentices, scc 3 & 4
Vict. c. 32), theprincipleof apportionment Will. 4 , c. 63 , and 7 & 8 Vict. c. 101 ; and
of rent is also adopted, when part only of for the jurisdiction of justices of the peace
the land comprised in the lease or under regarding such , see the same statutes, and
lease (as the case may be) is required for also Reg. v. Pround (Law Rep. 1 C. C. 71 ).
the purposes of the works authorized by
those Acts respectively. APPROPRIATION . This word is com
Lastly (e. ) By the Apportionment Act, monly used in two senses , viz. (1.) the
1870 (33 & 34 Vict. c. 35 ), the principle of appropriation of benefices, and ( 2.) the
apportionment was extended to the cases appropriation of payments.
of rents, annuities, dividends, and other ( 1. ) An Appropriation of a Benefice.
42
APPROPRIATION continued
- .
This is the annexing of a benefice to the APnePR
part rsOP counts ); coGo
hipRIacATION - ntddard v.
inued.
use of some religious house, or spiritual 2 Str. 1194 ( assets in administration ) ).
corporation , whether sole or aggregate , to (3. ) Failing any ap pr op riation by the
creditor, the law appropriates the paymen Coc,
enjoy for ever ; just as an impropriation t
is the annexing a benefice to the use of a to the va ri ous bts in the order of their
de
la pers or corporation. ( See title IM-
y on respective dates, beginning with the earliest
PROP RIATION ).
(2.) Appropriation ofa Payment. This
means the application of a payment to the ( Clia
ev
pr ayto
er, ones maCan'se,
ted n'by
s mo
suney wiO
ll nocou
t be apprwo
ymenho
the lawprato).wardfs parse, t of
discharge of a particular debt. Thus, if a another man's debt, e.g. partnership moneys
creditor has two distinct debts due to him in payment of a single partner's debt
from his debtor, and the latter makes a ( Thompson v. Brown, 1 Mood. & Malk . 40).
general payment on account without speci- The appropriation by the law is first to
fying at the time to which debt he intends interest, and only secondly to principal
the payment to apply, it is optional for the / ( Chase v. Box, Hov. Freem . 261 ; Bower v.
creditor to appropriate (i.e., to apply ) the Marris, 1 Cr . & Ph . 351 ; Code 8, 53 , 1 ;
payment to either of the two debts he Dig. 46, 3, 5, $ 3). But the law will not
pleases . The leading case upon the sub- in the last -mentioned case appropriate any
jectis Clayton's Case Dev thetutmo intere barors
red,
( 1 Mer. 585 ; Tud.in Ca.es1 )v.; Nob
Merc. ayn parthe
frolem by t ofsta (Iny repaiFit
e ne to uri
d zma ce ':st Min
which case and the notes thereto , the fol- 15 Jr. Ch . Rep. 445 ) ; nor will the law ap
lowing rules may be gathered :
( 1.) The fir st option to appropriate be- (pro WrAppri
igprht
atevaLa
opri atpain B.toym
g,en3 tpa
ioym &moC.ne165).
illstbe
tsy mu egally diduse
long s to the debtor at the time of payment. nof en
The appropriation in this case may be tinguished from apportionment of same
either express (Ex parte Imbert, 1 De G. between debts having equal rights to be
& J. 152), or implied ( Shaw v. Picton, 4 paid ( Favenc v. Bennett, 11 East , 36 ; Dig.
B.& C. 715), or presumed (Young v. Eng. 46, 3, 8).
lish, 7 Beav. 10 ). In the case of several
debts, some of which are barred by the APPROPRIATIO
Statute of Limitations and some not, the N OF PAYMENTS : See
presumption is, that the payment is made title APPROPRIATION.
on account of the debt or debts not barred WhAPerePRaOPsec
RIuri
ATty
IO en deposited with
N beOF
has
(Nash v. Hodgson, 6 De G. M. & G. 474, a creditor generally, and the SEdebCU RITI
tor aftES
er.
reversing the decision of Wood , V.C., Kay, wards becomes bankrupt, owing two or
650).
( 2. ) The second option to appropriate more debts, one or some of which are
belongs to the creditor ( Dig. 46, 3, 1), and pr
proov
veaeable aned crthedeitot
ble,, th r yor apotpr
orhema heop
rsriat
neet
this appropriation need not be made at the the security to the debt or debts which are
time of payment,but at any time afterwards not proveable ( Ex parte Hunter, 6 Ves. 94 ;
until the matter comes to trial ( Simson v. Ex parte Waring, 19 Ves. 345).
Ingham , 2 B. & C. 65) ; appropriation can
only be made once , at least after notice of See title WARIPaNG, EX PAap E,opCA
RTpr SE OF
the first appropriation has been given to APin
first PRstOP
anRI
ce of IO rliameSUntPPLI riating.
the debtor. But it is competent for a debtor the supplies isAT th
in e N OF
ye ar 13 54, ES
wh .
en Th
thee
and his creditor to make a new co а ntract
varying the appropriation of past payments app d solely for the purpos
subsidlie
be es of the
(Merriman v. Iard , 1 J. & H.371). Where y granted on wool was directed to
one of two or more debts is barred by the
Statute of Limitations, and the other, or war .
others, are not barred, the creditor may APPROVAL, SALE ON : See titles SALE ;
appropriate the payment to the debt or SAAP APEM
ON OV
LE PR PROV AL
EN T.. This word has several
debts which are barred, and afterwards meanings. It signifies much the same as
pursue his remedy for the recovery of the im pr ovement; thus, approvement of com
other or others ( lills v. Fowkes, 5 Bing. mon means the inclosing a part of a com
( N.C.) 455) ; and similarly in the analo- mon by the lord of the manor for the
gous cases mentioned in Cruikshanks v. purpose of cultivating the same , leaving
Rose, 1 Moo. & Rob . 100 (sale of spirits on ne sufficient co
vertheless for the mmoners .
credit), and Arnold v. Poole ( Mayor), 4 M. This power in the lordto approve is con
& G. 860 ( solicitor to corporation ). Secus, ferred by the Stat. of Merton (20 Hen . 3,
if the debt is absolutely unlawful, e.g. a c. 4 ) and Westminster the Second ( 13
gambling debt. And, apparently, the two Edw . 1 , stat. 1 , c. 46), as extended by the
debts must be of ascertained amount stat. 3 & 4 Edw. 6, c. 3. Seco
ndly , it is
(Goddard v. Hodges, 1 C. & M. 33,( unsettled also said to signify the profits of a farm
APPROVEMENT - continued
C . ARBITRATION AND AWARD - contd .
(Cowel). Thirdly, it signifies the act of him to try same and to report the result of
an approver, who ,when indicted of treason his trial to the Court (Act, 1873, ss. 57,
or felony, and arraigned for the same, con 58) ; and by compulsory order of the Court
fesses the fact before plea pleaded, and or a Judge, any question or issue of fact, or
accuses others, his accomplices, of the same any question of account, in any civil cause
crime in order to obtain his own pardon. or matter requiring either a minute exami
3 Cruise, 89 ; Cowel ; 2 T. R. 391. nation of documents or of accounts, or a
See title INCLOSURE. scientific or local examination , may be
APPROVER . See title APPROVEMENT
referred to a referee for him to try same
( 3rd meaning ). and to report as before. In either case ,
the Court may either adopt or set aside the
APPURTENANT. This word denotes report in whole, and may require any ex
annexed or belonging to ; but in law it planation or reasons from the referee, and
denotes an annexation which is of conveni may remit the report or any part of it for
epce merely and not of necessity, and which further consideration or for re- trial; or the
may have had its origin at any time, in Court may itself decide the point on the
both which respects it is distinguished evidence taken before the referee, with or
from Appendant (see that title). In con without additional evidence , as the Court
veyances of lands and houses, it is usual to may direct (Order xxxvi ., rule 34, March,
add to the parcels, or else tothe habendum , 1879 ). But with regard to criminalmatters,
or to both , the phrase “ with the appurte the old rule was, that matters criminal were
nances,” and to make surer, to add “ or not arbitrable ; and it may be said still
reputed as appurtenant or belonging there that offences of a public nature are not
to.” The term is commonly confined in referable. On the other hand it has been
law to the purely incorporeal heredita said that in all cases where the injured
ments that are commonly annexed to lands party has a remedy by action as well as by
or to houses, and may include as well com indictment, he may refer same, procuring
mon, as any other right ( Lister v. Pickford , the consent of the Judge if the indictment
31 Beav. 576). has been already commenced , or a con
See title INCORPOREAL HEREDITAMENTS. viction upon it obtained.
AQUAE ET IGNIS INTERDICTIO . In The persons who may refer matters to
Roman Law was banishment, -a person arbitration are of a correspondingly various
excluded from water and fire (whether character. Firstly , where the referring
physical or sacrificial) being obliged there parties are interested on their own account
by to withdraw himself. in the matters referred, it is a general
See title DEPORTATIO VEL RELEGATIO . rule that every one capable of making
AQUILIAN STIPULATION : See title a disposition or release of his or her right
may also make a submission to an award
STIPULATIO AQUILIANA.
( Com . Dig. Arb. D. 2) ; and conversely,
ARBITRATION AND AWARD. All the incapacity to contract involves the in
matters in dispute concerning any personal capacity to refer. But as between partners,
chattel or personal wrong may be referred one partner cannot bind the other by his
to the decision of an arbitrator ; and al sole submission ; and it matters not whether .
though much jealousy was formerly, and the partnership be general or particular,
some jealousyis still, felt in allowing refer the submission to an award not being
ences of questions regarding real property, within the scope of the partnership or inci
yet references have been made and allowed dent to any matters within such scope ;
of the following matters ,—partition between and all the partners must execute the sub
joint tenants and tenantsin common, set mission in order that any of them may be
tlement of disputed boundaries, waste be bound by the award ( Antram v. Chase, 15
tween landlord and tenant, title of devisees, East, 209 ) . Secondly, where the referring
and generally upon title. Parties may parties have no personal interest in the
even agree to refer to arbitration any future award, but act in the capacity of trustecs
differences between them , although none or agents only, it is a general rule that tho
at present may exist. And under various agent referring must have authority so to
Acts of Parliament civil matters are com do, but such authority , where not express,
pulsorily referred ; in particular, matters of may be implied from the nature of the
account , under the C. L. P. Act, 1854 ( 17 agency. Thus, the better opinion is, that
& 18 Vict . c. 125, ss. 3-6 ), when they can a solicitor or attorney retained generally
not be conveniently tried in the ordinary has an implied authority to refer ( Dowse v.
way ; and under the Judicature Acts, Coxe, 3 Bing. 20 ), unless, semble, he is ex
1873–5, by consent of all parties any ques pressly forbidden to make a reference
tion or issue of fact in any civil cause or ( Filmer v . Delber, 3 Taumt. 486 ).
matter may be referred to a referee for See further titles REVOCATION ; SUBMIS
ARBITRATION AND AWARD - contd .
ARCHES, COURT OF - continued .
SION ; UMPIRE ; and for the proceedings in cubus). It was latterly beld in the hall
cident to a reference, not being in an action, belongingto the College of Civilians, com
and the form and execution of the award , monly called Doctors' Commons ; but in
with the remodies thereon , see generally more recent times, the office of the Court
Russell on Arbitrations ; Pontifex v. Severn , of Arches became annexed to, and was
3 Q. B. Div. 295 .
commonly discharged by, the judge of the
ARCHBISHOP. The head or chief of Court of Admiralty, in his Court at West
the clergy in a whole province. He has minster ; and now under the Public Worship
the inspection of the bishops of that pro Regulation Act, 1874 (37 & 38 Vict. c. 85),
vince, as well as of the inferior clergy, and a special judge has been appointed for this
may deprive them on notorious cause . The portion of the ecclesiastical jurisdiction
archbishop has his own diocese wherein (see title ARCHBISHOP ). The Court as newly
he exercises episcopal, as in his province re - constituted is under the control of the
he exercises archiepiscopal, jurisdiction. Court of Queen's Bench, in case it exceeds
To him , or to his Court, all appeals are its jurisdiction, or proceeds to affect the
made from inferior ecclesiastical jurisdic liberty or property of the subject otherwise
tions within his province ; and asan appeal than in due legal process (Martin v . Mac
lies or lay from the bishops in person to konochie, 3 Q. B. Div . 730 ; and on app.
him in person, so it also lies from the Con 4 Q. B. Div. 697 ).
The Court of Arches is the Court of
sistory Courts of each diocese to his Archi
episcopal Court. 1 Burn's Ec, Law ; 2 Appeal of the Archbishop of Canterbury ;
Roll. Abr. the judge thereof hears all appeals from
By the stat. 37 & 38 Vict. c. 85 ( Public bishops or their chancellors, or commis
Worship. Regulation Act, 1874), provision saries, deans and chapters, and arch
was made for theappointment of a judge deacons ; and from his decision an appeal
of the Provincial Courts of Canterbury and lies to the Judicial Committee of the Privy
York , and such judge (upon a vacancy oc Council. The Court of Arches has also an
curring in the respective offices) is to be original jurisdiction over the thirteen pecu
come ex officio the official principal of the liar parishes in London which belong to
Arches Court of Canterbury, and also the Archbishop of Canterbury ; but upon
official principal or auditor of the Chancery receiving letters of request from any bishop,
Court of York. The office of such judge he may assume original jurisdiction in any
ecclesiastical matter arising elsewhere.
continues during good behaviour, and so
long only as he remains a member of the ARCHIVES. This word , which is de
Church of England. rived from arca , a chest, was originally
See also titles ARCHES, COURT OF ; used to denote a repository for documents,
CONSISTORIAL COURTS ; ECCLESIAS but by a natural transference, has come to
TICAL COURTS ; and OFFICIAL PRIN denote the documents themselves.
CIPAL . ARGUMENTATIVENESS . A fault in
ARCHDEACON . A dignitary of the pleading, in respect that the pleading is
church who has ecclesiastical jurisdiction not a concise and positive statement of
immediately subordinate to that of the facts, but an argumentative expression of
bishop, either throughout the whole of his the legal doctrine applicable to the facts
diocese or in some particular part of it. which are its groundwork. A pleading
He is nominally appointed by the bishop faulty on this score may be struck out as
himself, and has a kind of episcopal autho embarrassing.
rity originally derived from the bishop, ARGUMENTUM AB INCONVENIENTI.
but now independent and distinct. ſt This is a good argument in law, as what
was formerly his office to grant letters of ever is inconvenient is primâ facie not law,
administration, but that duty is now dis and certainly ought not to remain law.
charged by the district Probate Courts. ARMIGER : See title ESQUIRE . .
He visits the clergy, and has his separate .
Court for the punishment of offenders by ARMORIAL BEARINGS. For the duty
spiritual censures, and for hearing all on these, see Stamp Act, 1870 (33 & 34
other causes of ecclesiastical cognizance. Vict. c . 14), Sch.; see also title HERALDS'
COLLEGE .
Com . Dig. Ecclesiastical Persons ; Burn's
Ec. Law ; 1 Lev. 192. ARMOUR, or ARMS. In the meaning
See titles ARCHBISHOP ; ECCLESIASTICAL of the law are anything that a man wears
COURTS. for his defence, or takes into his bands for
that purpose , or uses in his wrath to cast at
ARCHES, COURT OF. An ecclesiastical another, or to strike him with . So that the
Court, so called because originally beld in appellations " armour" and “ arms,” donot
the Church of St. Mary-le-Bow (de Ar in the law simply signify a sword, shield,
45
ARMY - contin . ued
ARetMO
helm orh AR
or ,suc
, UR MS; -but
like context d . also to
inueend which , under Walpole's administration
stones and other missiles used for the pur- (George II. and III.), was increased to
warfare . Cromp. 17,000, exclusive of the forces maintained
in Ireland . Since these dates , the army
poses of defence or has been very largely increased ,to meet the
Just. 65 ; Cowel ; Holthouse . increasing wants of the kingdom and more
ARMS : See title ARMOUR :
parCou ularly
ticrts maroftia
the Empeire
l wer est. ablished for the
ARMS, RIGHT TO CARRY . Was con
ceded to Protestants by the Bill of Rights first time , in 1718 , by a clause in the
ARMY . In sancient times, the English Mutiny Bill of that year, and have since
(forc
1 W.es&wer
M.esescom
. 2, 2). of the following been continueil under the annual Mutiny
posc.ed
Act. Under the stat. 42 & 43 Vict . c. 33,
( 1.) Persons holding by knight service,
s ofwer ( Army Discipline and Regulation Act ,
andetie
vari who meen -at-arm
requireds, viz : tue of their
by vir 1879 ), which is made to come into force
tenure, to serve forty days annually ; by an annual Act of Parliament, provisions
(2.) Other persons engaged by contract ; of a more permanent character have been
(3.) Freemen or freeholders generally , enacted forthe regulation of such Courts.
in virtue of the mere general duty of The stat. of 8 Geo . 2, c. 30, probibits
troops from appearing at elections ; and in
The first and second of these varieties 1741 a resolution was made in the Com
con tuteed. the Army Proper ; the third
stianc
allegi mons declaring that it was a high infringe
ment of the liberty of the subject for the
I. Army per
Pro iti he
:-T tute
sta w
1 Ed . troops to have appeared (as they had done )
var 5,y ena
3, c,iet wasctethe Milt noa .one should be called
d tha at the Westminster election of that year .
e
upon for servic otherw ise than as before II. Militia : -- The freeholders of each
used and accustomed , and that no one county were originally summoned by the
should be sent out of his own county unless earl for self -defence, and were under a
in cases of invasion , or other like sudden general duty to be properly furnished with
emergency ; but inasmuch as that monarch , arms for that purpose. By the Statute of
notwithstanding the statute, called upon Winchester ( 13 Edw. 1 ), in aid of the
the counties and principal towns tofurnish Common Law , all male persons between
him with forces, therefore the statute 25 the ages of fifteen and sixty were required
Edw . 3, c. 8, further enacted that no un- to keep arms in accordance with their
usual services should be required , unless station , and might at any time be called
out as a posse comitatus by the sheriff, who
Uponhor e acc
thity ess ion men
eslia t . erdTudor dyre- hadl, by
of th that time taken the place of the
nashtyaut
wit , these sta Par
oftut of Edwa III. we ear at least in matters of mere internal
entirely disregarded , in particular by police. But these freeholders , keeping
Henry VIII and Elizabeth , who notonly themselves in constant readiness, were
compelled the counties to furnish soldiers, capable of being mobilized as a militia for
but also pressed men into the service as the purposes of the national defence.
well abroad as at home; and the statute The stat. of 1 Jac. 1 , c. 25, established
4 & 5 Ph. & M. c. 3, expressly recognises magazines of arms in each county , and
the right of the sovereign to levy forces. Mary having previously created the body
The nucleus of a standing army appears of lords-lieutenant, the militia was hence
to have been the 200 yeoman of the guard , forth under the control of these latter
maintained by Henry VIII., together with officers, and a certain number of free
some artillerymen , stationed in the Tower holders acted as a militia in relief of the
of London , in the Castle of Dover, at the general body. The Train Bands of Lon
Fort of Tilbury, at Portsmouth , and at don were a noted regiment of militia ,
Berwick -on - Tweed. Subsequently, upon formed in the reign of Henry VIII., and
the spli t between the sovereign and parlia- so called in the reign gof Elizab eth (1588 ).
ment, in the reign of Charles I., the In 1642, the Lon Parliament intro
sovereign maintained his forces , and the duced a bill for regulating the militia , and
parliament theirs ; and upon the Restora- assumed the right of nominating the lords
tion of 1660 , Charles Il. retained 5000 lieutenant who were to have the com
guards as a standing army , and shewed a mand ; but in 1660, the sole right over
disposition on several occasions, particu- the militia was declared to reside in the
larly in 1667, 1673, and 1678 , to increase Crown, and not in Parliament. In 1757,
their number to 20,000 . James II. main- the militia were re-organised , and placed
ng army contrary to the
tained a standimen nearly on their present footing. ing
wishes of Parlia t ; and upon the Revo- There are also the three follow varie
lution in 1688, William III. maintained ties of the military forces, of more recent
7000 men as a standing army, a number origin or development, viz. :--
46
ARMY - continued .
III. Yeomanry :- Local forces raised by rese
ARrve,
MY &c.; andIP, TH
DISC LIIR billeting.
the79—contd
Y,T,for18
NEDLAC
some individual or individuals in each of the forces and for the impressment of
county , with the approbation of tho sove- carriages as may be necessary when the
reign (44 Geo. 3. c . 54).
pu
ni roment of
IV. Volunteers : -A branch of the auxi- for theare in sh
for ut ThofAc
fenct esprobyvidoffesicealsrso
liary forces which appears to have been andcessoldie rs that e.are note strict mi
first established under the Act 16 & 17 ch
tary aracter, e.g., tr muly of a li
eason, rder
Vict. c. 73, but is now principally regulated and the like, which in the Act are аcalled
by the Acts 26 & 27 Vict. c. 65, and 34 & 35 “ civil offences " ( S 41 ) ; and also for the
Vict. c. 86 ; and , rape,
V. Army Reserve :- A branch of the pa niwi
purt shthme soldof
iers into or in
civi en the commissiongn
military forces of the country first con- of certainntfelo niousliacantss ; sutichcingasorbubei
ying
stituted under the stat. 30 & 31 Vict. c. or pawning regimental sto res and the like
110, and now regulated by that Act and ( $ 149). The punislıments for the so - called
one or two subsequent Acts.
See title ARMY DISCIPLINE ACT, 1879. civ offanencwou subject to by the gene
“ civil ili
any es ld
” be
are roughly those which
ARMY DI SC IPLINE ACT, 1879. This is mil ita off enc
ry the co pro
esuntr thrang
per e frome death
m nt
the sta tute 12 & 43 Vic t . c . 33, wh ic h ai ms ral
to la
st w
opof
pa ge s ou t y
of ; y,e pu
pa annidshcom for
prise
ata permanent regulation of wi th e for ces of corporal punishment ( i.e. the laslı), not ex
the Kingdom and Empire, thout the ceeding twenty- five lashes , and not to be
necessity of annually enacting the usual inflicted upon non - commissioned officers.
Mu ny Act, and at the same time the con
stiti
tutional principle is preserved, that a
standing army cannot exist in this country ARRAIGN, ARRAIGNMENT (ad ra
in time of peace without the consent of tionem ponere) . To arraign a prisoner is
Parliament, because the permanent Act is to call him to the bar of the Court to
only to come into force by virtue of an Act answer the matter charged against him in
of Parliament to be passed annually for the an indictment.
ARRANGEMENT, SCHEME OF . Under
purpose, and is to operate only during the
time specified in the last-mentioned annual the Railway Companies Act, 1867 (30 & 31
Act ($ 2 ) ; and the first instance of such Vict. c. 127), ss. 6–22, a company unable
annual Act is the Army Discipline and to meet its engagements with its creditors,
Co
Regulation ( mmencement) Act, 1879 may prepare a scheme of arrangement with
ct. c. 42 ), which in its preamble
(42 & 43 Vire them , and may file same in the High Court
very fully cognises the constitutional aga Justtic
of ins e ; coanmpdanthe
the y byreafte
crer,ditors actlionbes
all wil
principle. The permanent or principal Act
applies to every branch of the military stayed , and no execution may thereafter be
forces of the country, namely , the army made available against the property of the
proper, the Royal Marines, the armyreserve, company without the leave of the High
the militi a, the mil itiares erve , the yeo Court. Three - fourths of the holders of
manry, the volunteers, and also the Indian mortgages or bonds or of debentures, &c.,
army, subject ( as regards some of these consenting to the proposed arrangement,
branches) to special restrictions and regu bind the others of their own class ; the
lations. The Act provides, FIRSTLY, for ordinary shareholders assent at an extra
the discipline of the forces , —that is to say , ordinary general meeting. And after such
for the repression and puni shment of crimes, co
consents obtained , the mpany obtains,
whether ( 1.) Mutiny or insubordination , or upon petition to the Court, à confirmation
(2. ) Desertion and fraudulent enlistment, of the scheme, usually within three months
or (3.) Drunkenness and disgraceful con of the filing of the scheme. The scheme
duct generally, or (4.) Offences of military being confirmed is enrolled in the Court,
routine,-providing also for the establishi and notice of such confirmation and enrol
ment and regulation of courts martial and ment is published in the Gazette. And for
the mode of trial in such courts of any Joint Stock Companies generally as to such
alleged offence, the commanding officer arrangements, see 33 & 34 Vict. c. 104 ( In
having also a summary authority over sol re D. D. Collieries, 11 Ch . Div. 605).
diers (as distinguished from officers ) in May be either voluntary where and so far
respect of the lesser offences ; and there
are very sober and guarded rules regarding
in as the creditors consent thereto with the
debtor, or may be validated by statute .
the carrying into execution of the sentences The Bankruptcy Act , 18ar69ra(32 & 33 Vict .
of courts martial. The Act provides, c. 71) provides for such ngements, and
Secondly , for enlistment, for re-engage- for the enforcement thereof, either by liqui
ment and prolongation of the period of ser- dation or by composition .
vice, for discharge, for transfer to the See titles COMPOSITION ; LIQUIDATION.
ARRAY. Signifies the ranking or setting ARREST- continued .

forth in order. A challenge to the array, want of jurisdiction, ( The Marshalsea Case,
as applied to juries and as distinguished 10 Rep . 68).
from a challenge to the polls, signifies an See titles CONSTABLE ; POLICE ; War
exception or objection against all the per RANT .
sons arrayed or impanneled on a jury on ARREST, FREEDOM FROM. Is a
account of partiality, or some default of
the sheriff or his under-officer who arrayed | privilege of members of Parliament, and
the panel. which ( as regards the Commons) received
its first distinct legislative recognition in
ARREARS. From the French arrière
(behind ), denotes money remaining unpaid | 1603-4 , consequent upon the difficulty in
Shirley's Case, 1603. There had been
after it is due. Under the stat. 3 & 4
numerous earlier assertions of the privilege,
Will. 4, c. 27, six years is fixed as the which ( it was alleged ) had existed from
amount of arrears of rent, dower, &c., time immemorial. The privilege extended
which may be recovered out of the land, to the personnel of the members, and con
in respect of which the right to payment tinued not only during, but for forty days
exists; but this does not prevent an action before and after, the session.
of covenant being brought under the See title PRIVILEGE OF PARLIAMENT,
stat. 3 & 3 Will. 4 , c.42, for twenty years' Certain places, called Sanctuaries, e.g.,
arrears . Hunter v. Nockolds, 1 Mac. & G.
610.
the Mint, the Savoy, &c. , conferred a privi
lege from arrest ; but such privileges were
ARREST. From the French arrêter ( to abolished by the stat. 8 & 9 Will. 3, c. 27 ;
stop ), signifies the restraint of a man's 9 Geo. 1 , c . 28 ; and 1 Geo. 4, c. 116.
person by substituting for his own will the See titles ATTACHMENT ; CAPIAS ;
Arrests may be Police.
constraints of the law .
either in civil or criminal cases . ARREST OF JUDGMENT. The with
( 1. ) Arrests in civil cases were either by holding or staying of judgment, notwith
writ of capias or by writ of attachment, the standing a verdict has been given, on the
former being the more general, the latter ground that there is some error appearing
issuing only in cases of a contempt of on the face of the record , which vitiates
Court . Such arrests were also either on the proceedings( Steph. on Pleading, 106,
mesne process or on final process ; but 6th ed.; Roscorla v. Thomas, 6 Jur. 929 ).
arrest on mesne process was abolished by As a general rule the error must be one of
the stat. 1 & 2 Vict. c. 110 ( with certain substance, and not merely formal, the
exceptions specified in the Act), and more Statutes of Amendments and Jeofails ex
recently arrest on final process for debt has cluding it in 'respect of the latter. The
been abolished by the stat. 32 & 33 Vict . defendant is of course the party who moves
c, 62 (with certain exceptions specified in in arrest of judgment.
the Act). In criminal cases, the accused may at
(2. ) Arrests in criminal cases may be as any time between conviction and sentence,
follows : - In the case of a breach of the but not afterwards, move in arrest of judg
peace actually continuing, or reasonably ment, and the Court will even in certain
likely to be renewed, any private person cases, of its own motion, arrest the judg
may arrest the offenders, or any of them ; ment . By the stat. 7 Geo . 4 , c. 64, s. 20,
but when the affray is over he may not do many formal defects in an indictment are
so , nor even require a policeman, who has made demurrable only, and are no longer
not seen the affray, to do so (Baynes v. available as a ground of motion to arrest.
Brewster, 2 Q. B. 375 ). In the case of a ARRESTMENT. The Scotch term for
felony being actually committed, he may arresting. It is applied either to the
arrest the felon ; and in case the felony is person or to the effects. Arrestment of
completed , he may give the felon in charge the person takes place in cases in which
to a policeman ( Atkinson v. Warne, 1 Cr.
M. & R. 827 ). All these things he may do there is reason to apprehend that the person
without a warrant, and, à fortiori a regular will leave the jurisdiction of the judge, and
policeman may and ought to do the like. so deprive the creditor of the means of
But further, in the case of a felony actually redress. Arrestment of the effects is that
process of the law by which a creditor
committed, a policeman may,upon probable attaches the debt due to him , or the move
suspicion merely, arrest the felon without a ables belonging to his debtor in the hands
warrant, and may even break open doors ; of a third party.
and, if necessary for his apprehension, kili See titles ATTACHMENT: ATTACHMENT
the felon ( Hogg v. Ward , 3 H. & N. 417). OF DEBT,
A warrant for the apprehension is a pro
tection to the constable in all cases, unless ARRHA. In Roman law was the earnest
where it shews upon the face of it a total in English Law ; but in Roman Law , the
ARRHA — continued . ARTICLES OF ASSOCIATION. In addi
arrha (unlike the earnest ) did not con tion to the memorandum of association ,
stitute any part of the essence of the con there may be in the case of a company
tract of sale, for that contract was purely limited by shares, and there must be in the
conventional. It was forfeited if the pur case of any other joint stock company,
chaser failed to carry out the contract. articles of association ;andthe memorandum
See title EARNEST. and articles are both delivered to the
ARRIAGE AND CARRIAGE were inde
Registrar of Joint Stock Companies for
registration by him . The articles of asso
finite services formerly demandable from ciation in Table A. to'the Companies Act,
tenants, but prohibited by 20 Geo. 2, c. 50, 1862, are the articles for a company limited
88, 21 , 22 . by shares and not having any other
ARROGATIO . In Roman Law was the
articles. These articles in the case of all
adoption of a male sui juris, i.e., of the head joint stock companies correspond to the
clauses in a deed of partnership.
of a familia , i.e., of a paterfamilias. The
arrogating father acquired (prior to Jus See titles INCORPORATION ; PARTNER
SHIP .
tinian ) all the property of thearrogated son,
and was by Praetorian Law liable to the ARTICLES OF PARTNERSHIP . See
debts of the latter ; in case of his disinherit title PARTNEBSHIP .
ing the arrogated son , without sutficient ARTICLES OF THE PEACE . See title
cause, he had to restore all his property to PEACE, ARTICLES OF THE .
him , and add a fourth of his own property
to it ; and in all cases if the arrogated son ARTICLES OF RELIGION , THIRTY
died under age, he had to restore the entire NINE . These articles as originally drawn
property to his haeredes. up ( 1551 ) were forty -one in number, but
See title ADOPTION . were afterwards (1563) reduced to thirty
nine. In 1571 they were made binding on
ARSON . From the Latin ardere ( to the clergy (13 Eliz. c. 12).
burn ), is the offence of unlawfully and
ARTICULI CLERI. The name of an
the ancient Common Law , the offence was ancient statute 9 Edw. 2, st. 1, concerning
of two degrees, -either, ( 1.) Felony, where the liberties and franchises of the clergy.
the defendant wilfully burnt the house of The petitions presented to the Star Cham
another, or, (2.) Misdemeanor, where he ber by Archbishop Bancroft, in 1605, being
wilfully burnt bis own house, with the in thought to present some analogy to the
tention of burning that of another. By statute of the 9 Edw. 2, were called by
statutes passed at various periods, arson of Lord Coke by the same name . 1 Hali.
every kind was made a capital felony, but Const . Hist. p. 324.
the severity of the statute law was miti ARTICULI SUPER CHARTAS. The
gated by the consolidation statutes 7 & 8 title of the stat. 28 Edw. 1 , confirming
Geo . 4, c. 30, and 7 Will . 4 & 1 Vict. c. 89, Magna Charta and the Charta de Foresta,
according to which certain arsons were without the saving clauses which were
made capital felonies, and the rest felonies contained in the Confirmatio Chartarum ,
not capital . The present law is embodied 25 Edw. 1 .
in the stat. 24 & 25 Vict. c. 97. See
ASHBY v . WHITE : See titles ELECTION
Arch , Pl. Crim. Cases ( 17th ed .) pp. 503–
520. COMMITTEE; ELECTIONS, Commons' Rights
IN .
ARTICLED CLERK , Is a clerk under ASPORTATIS, DE BONIS : See title

articles (i.e., heads and particulars) of an TRESPASS .
agreement to serve a solicitor in considera ASSASSINATION , Properly means
tion of being initiated into the routine and
mystery of the profession. No one solicitor murder accomplished with premeditation,
may have more than two articled clerks at or lying in wait. This is the definition
any one time ( 7 & 8 Vict. c. 73 ), but a firm of it given by the French Law. ( Code
of, say, three , partners may have as many Penal iii., 2, 1. ) The thing is an abuse
as six (3 x 2 ) such clerks among them , viz., frequently resorted to by oppressed subjects
two to each partner, provided each is bound against their oppressors, e.g., by the Eng.
lish against the Normans, whence the
separately to one of the partners only, and “ Law of Englishry ,” enacted by William
not generally to all . Where the clerk is the Conqueror.
(as usually happens) at the date of the See title ENGLISHRY, LAW OF.
articles under age, his parent or guardian
is usually made a party to the articles as ASSAULT AND BATTERY. According
well as himself. to Hawk . P. C. i. c. 62, § 1, an assault is
See title ATTORNEY. an attempt or offer to do a corporal hurt
49
ASSAULT AND BATTERY - continued . ASSESSMENT OF DAMAGES - contd ,
to another, as by striking him , or present- to the amount of the damages being ascer
ing a gun at bim at carrying distance, or tained , or where judgment goes by default ,
pointing a pitchfork at him which might subject to the amount of the damages being
reach him , or holding up one's fist at him , ascertained , a writ of enquiry is commonly
or doing any such like act in an angry , issued in the action returnable before the
threatening manner; and a battery is any sheriff or under -sheriff and a jury for the
injury whatsoever to the person of a man purpose of assessing, that is ascertaining ,
done in an angry , revengeful, rude, or inso- the damages. Occasionally it is referred
lent manner . An assault and battery is to the Master in Common Law actions,
the combination of both offences. By the and very frequently to the chief clerk in
Common Law , an assault or battery being Chancery actions, and sometimes to an
a common assault , is only a mis lemeanour ; arbitrator in both classes of actions , to ascer
but seq thetlystat. 9 Geo. 4, c. 31 , s 25, and
byuen tain the damesages. AGES
sub by the stat. 24 & 25 Vic . t See titl DAM ; WRIT OF ENQUIRY.
c. 100, cert aggravated assaults are made
ain ASSESSMENT, UNION , ACT. See titles
felonies, and certain othe rs, although re Poor ; POOR -RATE ; UNION ASSESSMENT
maining misdemeanours, are visited with ACT .
severer Causes
monial punishment
Act, :1878
and (41
under the c.Matri
Vict. 19 ), ASSESSOR . A person learned in some
if a husband is convicted of an aggravated particular science or industry, who sits
assault upon his life, the convicting magis- beside the judge or other officer of a Court
trate may by order exempt the wife from to assist him with his advice in the trial of
a case requiring special knowledge, egi,
future
Eithco
er -habitation
an action with himof. the injured
at suit Nautical Assessors in Admiralty actions
party, or an indictment at suit of the and actions for collisions.
Crown, or both , may be brought or laid for ASSETS are the funds or property (real
the offence, and the police magistrates or personal) available for the payment of
have also a summary jurisdiction over the debts . During the debtor's life, the phrase
is practically confined to his estate in bank
offence .
ASSEMBLY , AWFUL is defined tos ruptey or in liquidation ; after the debtor's
be the meetingUNL
of three or , mor e person decease , it applies to his estate when being
h
wit the inte ntio n of doing an unlawful ai ministered in the Court of Chancery or
Chancery Division . As being so adminis
act.
See also titles Riot ; RouT ; UNLAW- tered , the assets are said to be either legal
or equitable, and certain important differ
ToMBLI
FUL. ASSE
ASSESS ES settl
fix or ACT.e the amount of ences ( now mostly abolished ) used to follow
from the distinction .
See titles ADMINISTRATION OF ASSETS ;
a tax or rate .
ASSESSED TAXES . Otherwise called EQUITABLE Assets ; LEGAL ASSETS .
Queen's taxes, include taxes on people in ASSIGN . This word has numerous and
respect of inhabited houses ( 14 & 15 Vict. distinct meanings, as to which see the fol
c. 36, repealing 7 Will. 3, c. 18, which had lowing titles respectively.
d the
carriage
taxe s, wind ows)armo
horses, respect
, in rial bear servants,
ofings, and ASSIGNEES. These are the transferees
under an assignment of personal property.
such See title
like. TAXATION , VARIETIES OF. They may be either (1.) general assignees,
as in the case of bankruptcy , or (2.) parti
ASSESSIONABLE MANORS . Two cular assignees, as under a bill of sale. In
groups of manors within the Duchy of cases of bankruptcy, they were either offi
Cornwall, and belonging to the Duke , are cial assignees or trade, i.e., creditors', assig
80 called . The lands are mostly granted nees; but, under the BankruptcytedAct,
1869 , the word trustee is substitu for
to conventionary tenants , subject to the that of assignce, and the registrar is made
miving rights of VEN ers.Y
tinnNAR
the TIO the official trustee, and the nominee of the
See title CON TENEMENTS .
ASSESSMENT COMMITTEE . The local creditors is called simply the trustee.
committee is so called which fixes the It is a rule of law that assignees of a
chose in action take subject to the equities,
amount of the poor-rate (and other rates ) and that they do so although particular
lands,lemines,
payab & c. ctItofis the
in respe constoccup d under
ituteation of assignees for value and without notice.
ASSIGNMENT ON BANKRUPTCY : See
the Union Assessment Committee Act,
title ASSIGNEES.
1862 (25SSME
ASSE & 26 NT
VictOF
. c. DAMA
103 ) . GES . Where ASSIGNMENT OF BREACHES. Where
judgment is obtained in an action , subject a contract (whether specialty or simple) is
E
ASSIGNMENT OF BREACHES - contd . ASSIGNMENT OF PERSONAL PRO
broken , and an action is brought upon it, PERTY - continued .
it is necessary to state in what the contract of a contract to assign, which contract,
has been broken , and this statement of the when for value, the Court will enforce.
breach is called the assignment of the But, as the result of gradual approxima.
breach ; or, if the contract has been broken tions on the part of Law to equitable prin
in more respects than one, then the state- ciples - approximations attributable partly
ment of these respects is called the assign- (as in the case of bills of exchange) to mer
ment of breaches. Generally, this assign- cantile usage, partly and chiefly (as in the
ment should be made in the words of the case of policies of assurance ) to statutes,
covenant or promise, negatively or affirma- in particular the culminating stat. 36 &
tively, according as the words of the con- 37 Vict. c. 66 ( Judicature Act, 1873),
tract are affirmative or negative : and it is s. 25, every chose in action is now become
not safe or expedient to descend into assignable equally in Law as in Equity :
details, excepting as examples of the prior and if the assignment is absolute, and not
general assignment. See Bull & Leake, by way of charge only, then it is effected
Pl ., 61-2. by writing under the hand of the assignor,
See title BREACHES. accompanied with notice in writing to the
debtor. But if the assignment is by way
ASSIGNMENT OF ERRORS. Upon pro ofcharge only, it should still, semble, be
ceedings in error, where the error is one of effected by deed,
fact, it is necessary for the plaintiff in error See title EQUITABLE ASSIGNMENT.
to specify the particular alleged error or
errors ; and this is called the assignment of ASSIGNS. These are the transferees of
errors . The form of doing so used to he real (and sometimes of personal) property.
regulated by the C. L. P.Act, 1852, s. 158, The principal question arising in relation
Sch . A. , form No. 12, which furnished a to assigns is this,-By what covenants are
general form of pleading, and also required they bound and by what not ? The answer
an affidavit in support, particularising the to this question will be found under title
error or errors. COVENANT, sub-title REAL AND PERSONAL
See title ERROR. COVENANTS.
ASSIGNMENT ON MARRIAGE : See ASSISA CADIT IN JURATAM . An
9
title HUSBAND AND WIFE. assise was taken either " in modum assisæ "
ASSIGNMENT OF PERSONAL PRO or “ in modum jurată ," in which latter case
it was said to fall into a jury (cadere in
PERTY . This is the assigning over or juratam .) The difference between the two
transferring to another person the right or forms of assise appears to have been this :
interest which one has in some matter
or thing. ( 1.) In nature, -- the very matter alleged
(1.) As applied to leasehold property or by the plaintiff as his ground of claim was
chattels real , see title CONVEYANCES. It traversed in the assisa , while in the jurata
was the rule of the Common Law, that all some fresh point was stated which went to
certain estates and interests in lands and destroy that ground of claim ; and
tenements were assignable, but that mere (2.) In consequence ,—the jury could not
titles, rights of entry, contingent interests, be attainted for false verdict in the jurata ,
and possibilities, were not assignable (Co. whereas in the assisa they might be
attainted .
Litt. 214 a, 266 a). But, under the stat. 8
& 9 Vict. c. 106, all such latter interests ASSISA CADIT IN PERAMBULA
have become assignable . TIONEM. The jury declaring their igno
( 2.) As applied to pure personal pro rance of the bounduries in a question of
perty, and bereunder ( a. ) In possession , - disputed boundaries, the judge would order
The assignment of that was always per a perambulation, with a view to ascertain
mitted by the Common Law, and is the boundary ; whence this phrase.
effected in the same way as the assignment
of leaseholds. ASSISA PANIS ET CEREVISIÆ . This
(6. ) Not in possession. — Personal pro- was the power of assising (at the time the
perty not in possession is By
nated a chose in action .
ordinarily desig- judges on circuit assised ) the weight of
the Common bread and the measures of beer. The stat.
Law, no such chose was assignable (Com . 51 Hen. 3, for fixing the price of bread and
Dig. Assignment, c. 1 , 2, 3); but in Equity ale, was so called. Cowel; Tomlins.
every such chose is, and always has been
assignable, the Courtrequiring the assignor ASSISE. This word is derived from
to perfect what he has done towards an assideo , to sit together ; and is usually
assignment, and holding that an imperfect taken for the Court, place, or time where
legal assignment is at any rate evidence the judges of the Supreme Court of Jus
ASSISE - continued . ASSIZE OF ARMS. An ordinance
tice going circuit try all questions of fact passed in 1181 by Henry 2, whereby he
issuing out of the High Court that are ready revived the ancient fyrd or national
for trial by jury. These assizes are, in militia .
deed, neither more nor less than the sit See titles ARMY ; POLICE ; WATCH AND
tings of the judges at the various placts WARD .
where they visit on their circuits, and ASSOCIATE JUDGE. Under the stat.
wliich they usually make four times in 15 & 16 Vict. c. 73, ss. 1-6, there is an
every year at the times specially fixed for associate in each of the Common Law
same. The word assise also sometimes
Courts, appointed by the respective chiefs
denoted a jury, and sometimes denoted a of ihese Courts. Each associate appoints
torit.
two clerks for assisting him in the dis
See title Assize, JUDGES OF. charge of his duties, such latter appoint
ASSISE DE UTRUM. This writ, which ments being subject to the approval of the
was called also assisa jurum utrum , lay for chief of the Court. No associate may act
a parson against a layman , or for a layman either as a barrister or as a solicitor.
against a parson , for lands or tenements, ASSOCIATION , ARTICLES OF : See title
as to which it was doubtful whether they ARTICLES OF ASSOCIATION .
were lay- fees or free -alms. Cowel.
ASSOCIATION, MEMORANDUM OF :
ASSISE OF DARREIN PRESENTMENT. See title MEMORANDUM OF ASSOCIATION.
This was a writ which lay when a man or ASSUMPSIT. Is a promise (not being
his ancestor had presented a clerk to a under seal) by which one person assumes
church , and after the church had become or takes upon him to do some act or pay
void by his death or otherwise a stranger something to another.
presented his clerk to the church , in ais
turbance of the patron ( F. N. B. 31 F.). ASSUMPSIT, ACTION OF.
> Was the
form of action given by law to recover
ASSISE OF MORT D'ANCESTOR . A damages for the non - performance of con
writ that lay when a man's father, sister, tracts, either express or implied, and which
mother, brother, &c. , died seised of lands, were neither of record nor under seal. In
tenements, rents, &c. , that were held in fee, origin, it was an action on the case for non
and after their death a stranger caused an performance of an agreement; and in
abatement. Slade v. Morley, 4 Rep. 92 b , 44 Eliz., it
See title ABATEMENT OF POSSESSION. was settled that assumpsit might even be
brought for a sum certain , although debt
ASSISE OF NOVEL DISSEISIN. A re was the more natural form of action.
medy for the recovery of lands or tenements See also titles ACTION ; SIMPLE Con
of which the party himself had been dis TRACT.
seised .
ASSURANCE . This word is the same
ASSISE OF NUISANCE. A writ which as Insurance (see title INSURANCE ). It is
lay against a man to redress or remove a also the old name for Conveyance (see title
nuisance which he had created to the CONVEYANCE ).
freehold of another, which the latter held
for life, in tail, or in fee simple. F. N. B. ATHEISM . Is an offence against the
183, I. English Law, and punishable accordingly :
ASSISE RENTS . Are the certain estab
but the offence appeors to be incapable of
proof. An atheist may, in giving evi
lished rents of the ancient frecholders and dence, make a solemn declaration in lieu
copyholders of a manor, and are so called of taking an oath, which in his case is
precisely because they are assised or certain. impossible.
See titles CHRISTIANITY ; HERESY.
ASSISTANCE : See title Writ of ASSIST
ANCE , ATTACHMENT. A taking, apprehend
ing, or seizing by command of a judicial
ASSIZE, JUDGES OF. All the judges of writ, termed a writ of attachment. The
the High Court, and some few of the judges process of attachment was frequently re
of the Court of Appeal , are liable to be sorted to in the Court of Chancery, to en
called upon to act as judges of assize, un- force the appearance of a party who had
less they have been appointed before the been served with a subpoena, and who had
Judicature Act, 1873. The first judges of taken no notice of it ; and under the later
assize were called Justices Itinerant or practice, the plaintiff might (although it
Justices in Eyre, and were appointed by was unusual to exercise the same process
the Parliament of Northampton in 1176. against a defendant refusing to appear to
See title CIRCUITS. the bill ( 1 Dan . Ch . Pr. 381-5 ). But under
E 2
ATTACHMENT - continued . ATTAINDER . The taint, stain , or cor

the present practice, the writ of sum ruption of blool, which the law attached to
mons issued under the Judicature Acts, a criminal who was capitally condemned .
1873-5, omits the usual warning that the Ile was then calledd attaint (attinctus ),
defendant failing to appear will be liable stained or blacken d , and was no longer of
to attachment. However, generally , an any credit or reputation, and was con
attachment nay issue in all cases for a sidered already dead in law , and incapable
contempt of Court, arising from a refusal of performing the functionsof another man .
to obey or to comply with its process ; and The effect of an attainder used to be a for
in particular under the present practice, a feiture of th- party's honours and dignities ;
writ of attachment may issue ( but only by be used to become degraded in the eye of
leave and upon notice) either to enforce the law , so that his children could not be
the doing or forbearing from any act (other beirs to him nor to any other ancestor
than the payment of money ) ordered to be through him , and these consequences could
done or forborne ( Order xlii., 5 ), or to only be removed by authority of Parliament
enforce an oriler to pay money into Court, (Co. Litt. 391 b, s. 745 ). But under the
or to enforce the recovery of specific pro Forfeiture for Felony Abolition Act, 1870
perty (not being land or money ) ordered to (33 & 34 Vict. c. 23 ), s. 1, no conviction
be delivered up ( Order XLII., 4 ). The for any treason or felony is to cause any
writ should not be regarded as a penal attainder or corruption of blood, or any
writ ( Barrett v. Hammond, 10 Ch. Div . forfeiture or estheat.
See next title.
285).
ATTAINDER, BILLS OF. Differ from
ATTACHMENT, FOREIGN . This was a impi aclıments in this respect, riz., in an
peculiar and ancient remely open to cre impeachment, the Commons are the prose
ditors within the jurisdiction of the city of cutors, and the Lords are the sole judges ;
London, Exeter, and some oti er ancient but a bill of attainder is like any other bill
cities, by which they were enabled to satisfy in Parliament. Evidence is not necessary
their own debts by attaching or seizing the in the latter ; butan impeachment must bo
money or goods of their debtor in the supported by evidence . The earliest nota
hands of a stranger or third person within ble instance of a bill of attainder is that in
the jurisdiction of such city. M'Grath v. 15 Edw . 2 ( 1321), banishing the two Do
Hardy ( 4 Bing. N. C. 785 ) contains a very spencers, futler and son .
luminous statement of the proceedings in See title IMPEACHMENT.
foreign attachment. The Lord Mayor's
Court of the City of London still exercises ATTAINT, WRIT OF : See title JURORS,
very extensive powers of th's character, IMMUNITY OF.
and out of this Court the writ may issue ATTEMPT. Is defined in jurisprudence
immediately after action commenced, and as that which, if not prevented, would have
before judgment ( Lery v. Lorell, 11 Ch . resulted in the full consummation of the
Div. 220 ) . act attempted. Wherefore there can be
See also next title. no attempt to steal a purse from an empty
pocket ( R. v. Collins, L. & C. 471 ) ; but an
ATTACHMENT OF DEBTS. Under the action of trespass for the assault may lie
stat. 17 & 18 Vict. c. 125, s. 60, a creditor (see title Assault), or a count for the mis
who had obtained a judgment in a superior demeanour may be framed ; and generally
Court of Law might apply to the Court or attempts to commit a felony, pot being
a judge for a rule or order that the judg murder, which are frustrated may be
ment debtor should be orally examined as treated as misdemeanours. And under the
to what debts were owing to him , and under stat. 14 & 15 Vict. c. 100, s. 9, it is com
8. 61 , upon affidavit that the debt or debts petent to the Court to convict of the
were still unsatisfied , and that some third attempt upon an indictment for the felony
person ( to be specified ) within the juris according to the evidence adduced at the
diction was indebted to the defendants, the trial, but not rice versa.
judge might order that all debts owing or
accruing from such third person ( called the ATTENDANCE OF WITNESSES. May
garnishee ) to the debtor should be attached be enforced by subpena ad testificandum ,
to answer the judgment debt. The stat. a refusal to obey which is a contempt of
33 & 34 Vict. c. 30, prohibits the attachi Court, and may be punished by attach
ment.
ment of wages. The present practice is
substantially the same. ATTENDANT TERMS. Terms of years
See title GARNISHEE ORDER. created by the owner of the juheritance by
way of mortgage, or otherwise, used when
ATTACHMENT OF THE PERSON : See satisfied to become attenılant upon the in
title ATTACHMENT. heritauce, either by operation of law , or by
53
ENDANT d
ATTORNEY -continued.
ATT
expr TER
ess declaration , forMSthe- prot inueon. of the
contecti costs ; but all such agreements are subject
itance underc. the fied to taxation . s
Terms Act. (8 &But
inher 9 Vict. 112 ), Satis
all such See title LIEN ; RETAINER ; and Tax
ATION OF Costs .
terms are absolute ly to cease for all pur ATTORNEY -AT-LAW : See title Ar
poses whatsoever, excepting that terms
attendant by express declaration on the 31st TORNEY .
ATTORNEY'S BILL OF COSTS ; See titles
of December, 1815 , are to protect the in
heritance as before. Costs, SOLICITORS' ACT, 1813 ; SOLICITORS'
See title SATISFIED TERMS . BILL OF Costs .
ATTORNEY -GENERAL. Is the attorney
ATTESTATION Certain documents for the Crown in all matters affecting the
require attestation , that is their execution Crown or the people generally. He is the
to be witnessed, and certain others require head of the Bar, and takes precedence of
no attestation . Wills, e.g., require two wit and has præ-audience over all serjeants and
nesses in all cases, and usually sbew also queen's counsel. He is the informant in
an a testation clause expressing that the all informations ; and he is usually a
witnesses were present at the same time, member of Parliament, and there superin
&c., with the testator when he executed his tends the legal business of the Govern
will . Generally, the attesting witness ment. The Prince of Wales has his own
must be called to prove every document Attorney General; likewise, a queen -consort.
requiring
canno t be attest
found,ation ; and
then if he
proof of ishisdead
hand-or ATTORNEY, POWER OF . This is an
writing may be given . On the other hand, ument by whii.h one person empowers
instrer
anoth to act in his stead. The donor of
docum ents
be admit tednot & 18ring
( 17 requi c. 125,ation
Vict .attest may
s. 26), or the power is called the principal ; the donee
is called the attorney, or (when appointed
may beSee
prove d inEVIDE
titles varioNCE ; HANDWRITING ;
us ways. by a corporation aygregate to receive ad
ministration ) the syndic. A power of
PROVING A WILL. attorney which simply authorizes the
ATTESTING WITNESS : See titles Evi. attorney to vote is called a proxy ; one
DENCE ; ATTESTATION ; HANDWRITING , &c. which simply authorizes the attorney to
appear in an action and confess the action
ATTORNEY . One who is put in the or suffer judgment to go by default, is
place or stead of another to act for him . called a warrant of attorney. All other
There are two kinds of attorneys : one who authorities are called simply powers of
acts in a private capacity, and is simply attorney, the power being special if it is to
called an attorney while his authority to do one particular act, and general if to do
act for such other party is in existence (see generally all matters connected with a par
title ATTORNEY , POWER OF ) ; the other, who ticular employment. And even where the
acts in a public capacity as an officer in power of attorney is general, a further
Her Majesty's Courts, and who is called an special power of attorney is occasionally
attorney-at-law or a solicitor, and whose necessary, even for a matter comprised in
duty consists in transacting and superin- the general power , e.g. , in a foreclosure
tending the legal business of his clients, as action to receive the purchase -money
in carrying on and defending actions at ( Bourdillon v. Roche, 27 L. J. ( Ch.) 681 );
law , in furnishing his clients with legal also, in an action or suit in which money
advice, and in performing various other has been paid into Court, to receive that
iinportant matters connected with the prac- money out of Court (Middleton v. Younger,
tice of the law . Every attorney must have 22 L.J. ( Ch .) 1005) . And, again , a gene
been an articled clerk , and must have been ral power of attorney may be either limited ,
admitted by the Master of the Rolls to the as when it leaves nothing to the discretion
office of attorney; and must also take out of the attorney ; or unlimited, as when it
annually a certificate to practise, paying leaves everything to his discretion .
the stamp imposed by the Stamp Act, 1870 I. Persons incapable of making attorneys .
(33 & 3+ Vict. c. 97) ; and if uncertificated , An infant cannot execute a power of
neither the attorney himself nor his client attorney , unless to do an act which is for
can recover his costs, even when successful his own benefit, e.g., to receive livery of
in the action . Under the stat. 23 & 24 seisin for him ( Palfryman v. Grobic, 1 Roll.
Vict. c. 27, being in the Law List is prima Abr. 730), not also to make livery for him
facie evidence of being duly qualified. (Whittingham's Case,8 Rep. 45 a.),although
Under the stat. 33 & 34 Vict . c. 28, a soli- at the age of fifteen years he may, under
çitor or attorney is enabled to make an a custom , be able to make a feoffment in
agreement with respect to future (as he his own person. The guardian is able to
was already able with respect to past) appoint the infant's attorney (Graham v.
54 A NEW LAW DICTIONARY. >
ATTORNEY, POWER OF - continued . ATTORNEY , POWER OF - continued .

Maclean , 2 Curt.659), and he may even be II . Instrument constituting attorney.
ordered to do so ( Ruck v. Barworth, 25 L. T. An attorney to make or take livery, or
242). to execute a deed, must be constituted by
Á lunatic cannot execute a power of deed ; and so also the attorney for a cor
attorney ; but where a person apparently poration aggregate in all matters of so
sane at the time executes a general power lemnity (Dumper v. Syms, Cro. Eliz. 816).
of attorney, under which bis attorney But an attorney of a corporation sole, and,
enters into a fair and bonâ fide contract on generally, any private person who is capa
his behalf, such contract, after it is exe ble of appointing an attorney at all, may
cuted , cannot be set aside, although the appoint one by deed, writing not under
principal should be afterwards found to seal, or parol, as he pleases, according as
have been a lunatic at the time of the the greater or less solemnity of the occasion
execution of the power ( Ex parte Brad requires ( Ex parte Candy, 5 L. J. (N. S.)
bury, 1 Mont. & Ch. 625). Ch. 14 ).
A married woman cannot execute a It is not necessary that the attorney
power of attorney : and if she join with should be a party to the indenture consti
her husband in executing one, the power tuting him (Moyle v. Ewer, Cro. Eliz.
of attorney is that of the husband aloue, 905 ).
and therefore ceases with his death ( In re It is competent to authorize the attorney
Jones, 5 W. R. 336). But so far as she to appoint a sub -attorney, and the sub
has separate estate , whether existing by stitute, when appointed , has full capacity
creation of equity, or in virtue of the M. ( Blandy v. Price, 8 Jarm. Conv. 12, n . (6.) ).
W. P. Act, 1870 (33 & 34 Vict. c. 93 ), she The attestation of the execution of the
is fully able to execute a power of attor deed constituting the attorney is generally
ney ; but, semble, she has no such capacity by two witnesses, the Bank of England and
in respect of the separate estate created certain other public bodies insisting upon
upon judicial separation by the Act 20 & that number, inasmuch as if a power of
21 Vict. c. 85 ( Fairthorne v. Blaquire, 6 M. attorney is forged, it is a nullity as regards
& S. 73). And where a married woman is the mis -apparent principal ( Davis v. Bank
an executrix or administratrix, she must of England, 2 Bing. 393 ; 5 B. & C. 185 ).
join her husband in the execution of a When the power of attorney authorizes
power of attorney (Wms. Exors, 5th ed. the doing of a certain act, it impliedly
869 ). But with reference to a fund in authorizes the doing also of everything
Court belonging to a married woman , she properly incident to that act ( Bayley v.
may, after being examined , execute a Wilkins, 7 C. B. 886) ; e.g., a power to sell
power of attorney directing a payment goods implies a power to receive payment
out of Court of the fund to her husband on the sale (Capel v. Thornton , 3 O. & P.
( Allatt v. Bailey, 1 W. R. 383). 352), and a power to manage a mine is an
Generally, also, wlien an act is intended implied power to incur debts for wages
to be personal to the party, he cannot con ( Ex parte Chippendale, In re German Min
stitute by power of attorneyor otherwise, ing Company, 4 De G. M. & G. 19). Never
a deputy to perform it for him , e.g., the theless, the power is to be construeil
doing of fealty ( Combes' Case, 9 Rep. 76 a) ; strictly, and therefore the attorney cannot
the duties of trustees ( Att.-Gen v . Scott, 1 bind his principal by any act beyond the
Ves. Sen. 413) ;: unless indeed, but only scope of his authority (Fenn v. Harrison,
with reference to trustees, in a case of 3 T. R. 757), e.g. , a power to indorse bills
moral necessity ( Joy v . Campbell, 1 Sch .& remitted to the principal, or to indorse and
Lef. 341 ; Stuart v . Norton , 9 W. R. 320 ; negotiate such bills, would not authorize
Hopkinson v. Roe, 1 Beav. 180). Similarly, the accepting of bills ( Attwood v. Mun
railway companies cannot, unless author nings, 7 B.& C. 278 ), nor will the general
ized by Parliament, delegate to another words which are usually thrown in at
company, or to other companies, the sta the end of the power be construed as
tutory powers conferred on themselves enlarging the authority beyond matters
(Winch v . Birkenhead, &c., Ry. Co. 16 Jur. strictly incident to the principal object
1035 ; Great Northern Ry. Co. v. Eastern of the power ( Esdaile v. La Nauze, 1 V. &
Counties Ry. Co., 9 Hare, 306 ). Also, one C. 394 ) . However, when the attorney
joint tenant or tenant in common cannot merely exceeds his authority, the excess
appoint an attorney for himself and his co alone is a nullity ( Perkins, 189 ) ; and
tenants; but one partner may do so for where he varies from the power, the varia
himself and his co partners in matters tion , being immaterial , will not avoid the
usual in the partnership ( Ex parte Mitchell, act ( 1 Salk . 96).
14 Ves. 597), but not in matters beyond A power of attorney is inherently re
what are usual (Hambridge v. De la Crouce, vocable, and words purporting to make it
4 D. & L. 166). not so are void for repugnancy ( Vynior's
55
ATTORNMENT - continued .
ATTORNEY, POWER OF - continued . of lands by the former landlord . It is of
Crise, 6 Rep. 82 a. ) ; nevertheless, when the feudal origin , for by the feudal law the
power forms part of a security, or is for feudatory could not aliene or dispose of the
Value, it is irrevocable ( Bromley v . Holand , feud without the consent of the lord, nor
7 Ves. 28). The revocation may be either the lord aliene or transfer his seigniory
express or implied ; and if express , then by without the cousent of his feudatory (Bract.
either party or by both, and either by deed , 41 ; Spelman, verb. Atturnamentum ). And
writing not under seal, or word of mouth , generally to the validity of any grant of a
no matter in which of these ways it may seigniory , reversion , or remainder, the
itself have been created ; and if implied, attornment of the tenant was necessary ;
then by the exhaustion of the power , insomuch that if two successive grants were
whether in substance or in time, or by the made of the same seigniory , reversion , or
death of the person constituting the attor remainder , and the tenant attorned to the
ney. And with reference to death as an second grantee, the first grantee was de
implied revocation , this distinction is taken ,
feated . Nor was there any legal means of
that when the power is a power simply , it compelling the tenant's attorument ; but
d
is always revoke both at Law and in the grant might be made by fine, which
Equity; but when it forms part of a secu dispenzed with the necessity of attornment.
rity, then it is revoked at Law ( Watson v. However, by stat. 4 Anne, c. 16 , ss. 9, 10,
King, 4 Camp. 272 ), but continues good in the necessity for attornment is dispensed
Equity ( Brasier v. Hudson , 9 Sim . 1) ; and with in all cases , although attornment is
of course it is good both at Law and in still permissible ; and by the further
Equity as to things already effected under stat. 11 Geo . 2, c. 19, s. 11 , attornments
it before the death . And , again , with are deprived of any tortious effect, when
regard to things effected after the death , made to strangers claiming the land as
but without notice of the death , these are, against the rightful landlord. The pay
semble, good in Equity (Hughes v. Walmsley , ment of rent under a mistake as to the
12 Jur. 833) ; and of course , siuce the claimant's title is held not to amount to
Judicature Act, 1873 , at Law also, although an attornment ( Gregory v. Doidge, 3 Bing .
formerly they were doubtfully so ( Drew v. 474).
Nunn, 4 Q. B. Div. 661 ). Lastly, with
regard to things done after the death , and ATTORNMENT CLAUSE IN MORT
with notice of the death , these are neces GAGE. That clause in a mortgage deed
sarily bad when the power is a power whereby the mortgagor, as upon a re
simply, but good when the power forms demise (and sometimes upon an actual
part of a security (Kiddill v. Farnell, 3 re- demise) of the mortgaged property
Sm . & Gif. 428). And see as to trustees attorns to and becomes tenant of the mort
and personal representatives, 22 & 24 Vict. gigee in respect of his continuing in pos
session of the mortgaged premises. Such
In 8.
c. 35, cuting
exe26. a deed pursuant to his a clause usually reserves a rent equal to
power, the attorney ought to seal and the interest on the mortgage debt; and it
deliver, in the case of a simple power , in confers on the mortgagee the right of dis
training for such interest. If the attorn .
the name of his principal, e.g., " A. B., by ment clause is not fraudulent, then it is
his attorney , C. Ď ;" and in the case of a valid under the Bills of Sale Act, 1878
power forming part of a security, in his
own name . Therefore, leases, submissions (41 & 42 Vict. c . 31 ) if duly registered
to an award , and such like, should be in thereunder ; and so generally (E.c parle
Williams, 7 Ch. Div. 138 ; In re Stockton
the principal's name . Iron Furnace Co., 10 Ch . Div. 335).
ATTORNEY, WARRANT OF. Is aa power ATTRIBUTIVE JUSTICE . Is a term in
of attorney given for the single purpose of
confessing judgment in double the amount jurisprudence , used to denote the duties
of the debt; and on its back is written a arising out of imperfect obligations, the
defeasance whereby upon payment of the performance of which are not legally but
true amount of the debt the warrant is to only morally enforceable . In this sense it
become void . The warrant must be attested is opposed to the term expletive justice,
by a solicitor on behalf of the defendant which consists in duties of perfectobliga
giving it, and such solicitor must also have tion , and which are legally enforceable .
explained to his client the effect of the
warrant. The warrant must also be filed AUCTION . This consists in the sale of
in the Queen's Bunch within twenty - one lands or goods in public, as opposed to a
days of its execution ( 3 Geo. 4, c. 39 ; sale thereof by private contract.
Sales are variously regulated according
32 & 33 Vict. c. 62). to the common law , according to statute,
ATTORNMENT. A tenant's acknowledge and according to the agreement of the
ment ofhis new landlord on the alienation
AUCTION- continued . AUDITÂ QUERELÂ - continued.
parties. The general principles affecting which the Court granted was absolute in
the contract of sale of ( 1.) personal pro the first instance ( Giles v. Hutt, 1 Exch , 59).
perty will be found under the title SALE ; AUGMENTATION, COURT OF. The
and some few of the particular rules affect name of a Court erected in 27 Henry 8,
ing this contract will be found under the
titles SALE BY SAMPLE ; SALE ON AP for the purpose that the King might be
PROVAL ; SALE WITH ALL Faults, &c. justly dealt with concerning the 'profits of
such religious houses and their lands as
The sale of ( 2.) real estate by auction is were given to him by Act of Parliament
now regulated by the 30 & 31 Vict c. 48, in that year. The Court was so called be
the short contents of which Act are as
cause the revenues of the Crown were so
follows :
( 1.) No puffer is to be employed, other much augmented by the suppression of
wise the sale is void :
such of the said religious houses as the
King reserved to the Crown. Les Termes
(2.) The conditions of sale are to state de la Ley.
whether or not the sale is without
reserve ; also, AULA REGIS. Was the King's Court
(3.) Whether or not a right to bid is or Curia Regis. From it all the Courts of
reserved ; and Justice have emanated ; likewise the High
(4.) The practice of opening the biddings Court of Parliament, and the Privy Council.
is abolished . See titles COURTS OF JUSTICE ; CURIA
See also title CONDITIONS OF SALE. REGIS.
AUCTIONEER . Under the stats, 8 & 9 AUTERFOIS ACQUIT. This is a plea

Vict. c. 15, and 27 & 28 Vict. c. 56 , must pleaded by a criminal, signifying that he
have a licence. In case he have not him has been formerly acquitted on an indict
self, but through his clerk only ( Bird v. ment for the same alleged offence, it being
Boulter, 4 B. & Ad. 443) signed the memo a maxim of the Common Law of England,
randum of agreement, he may sue the that no man's life is to be put in jeopardy
buyer ( Robinson v . Rutter, 4 E. & B.95t ) ; more than once for the same offence. Co.
without preju lice , however, to the pur 3 Inst.
chaser's right to set off any debt due from See also next two titles.
the principal ( the vendor) ( Coppen v. AUTERFOIS ATTAINT. A plea by a
Craig, 7 Tauut. 243). criminal that he has been before attaintod
AUDITÂ QUERELÂ. A writ which either for the same or some other offence.
lay for a defendant, against whom judg For wherever a map is attainted of felony
ment had been recovered , and who was by judgment of death, either upon a ver
therefore in danger of having execution dict or on confession, by outlawry, and for
issued against him , to relieve or discharge merly by abjuration, he may plead such
him upon shewing some good ground for attainder in bar to any subsequent indict
discharge which had arisen since the re ment on appeal for the same or any other
covery of such juilgment, e.g , a release. felony. The reason of this is, that any
This remedy is not now resoi ted to, inas proceeding on a second prosecution cannot
much as the Courts grant the like relief in a be to any purpose, as the prisoner is deui
summary way upon motion ; the Judicature in law by the first attainder, bis blood is
Acts (Order xlII ., 22 ) providing that gene already corrupted, and he has forfeited all
rally upon the ground of facts which have that he has.
arisin too late to be pleaded (and which AUTERFOIS CONVICT . A plea by a
would formerly have been the subject of a criminal that he has been before convicted
proceeding by auditâ querelâ ), any party of the same identical crime ; it is similar
liable to execution on any juilgment given in its nature to that mentioned in the last
against him may have an order strying the title but one.
execution .
AUTHORITY AND INTEREST . A mere
The writ of auditâ querelâ was a pro-. authority without any interest is revocable
ceeding of common right and ex debito jus at any time; not so an authority coupled
titiæ ; but by the rules of H.T. 1853, r. 79, with an interest.
the writ was not to be allowed unless by See title ATTORNEY, POWER OF.
rule of Court or judge's order.
By the C. L. P. Act, 1854 , s . 81, any AUTRE DROIT. An executor entitled
pleadable matter which arose after the as such to a leasehold or other personal pro
time for pleading might be set up by way perty, and not in his own right ( i.e., in son
of auditâ querelâ ; but now there would be ilroit), is said to be entitled in autre droit,
a further pleading by leave, provided judg i.e. , in right of liis testator, or of the bene
ment hud not yet been given. ficiaries entitled under the testator's will.
In an auditá querelå the rule ( if any) See title MERGER .
AUTRE VIE . A tenant for life is com AWAY-GOING CROP - continued .

monly entitled for his own life ; if he where such determination arises through
should be entitled for the life of a third the act of the parties. By special custom
person , he is said to be a tenant pur autre ( but not otherwise) the tenant may have
vie. the right to treat that crop as if it were
See titles ESTATE ; CESTUI QUE VIE. emblements, and to come back and reap
AUXILIARY JURISDICTION . Was the and carry it away when ready for cutting
jurisdiction exercised by equity “ in aid ” (Wigglesworth v. Dallison , Doug. 201. )
See title EMBLEMENTS.
( i.e., in auxilio) of the Common Law, prin
cipally by helping a plaintiff at law to the
evidence necessary to support his action at
law . It is completety obsolete since the B.
Judicature Acts.
AVERAGE. Is the contribution that BACKING A WARRANT. The warrant
merchants and others make towards the of åa justice of the peace cannot be enforced
losses of those who have their goods cast or executed in any other county than that in
into the sea for the safeguard of the ship which he has jurisdiction, unless a justice
or of the other goods and of the lives of such other county wherein it is to be
therein ; it is called an average because it executed indorses or writes on the back of
such warrant an authority for that purpose,
is proportioned after the rate of every man's which is thence termed backing the war.
goods carried.
Such average is either general or gross rant. Greenwood and Martin's Mag, and
on the one hand, or particular or petty Police Guide, 7.
on the other ; as to the former, see title BAIL. The setting at liberty of a person
GENERAL AVERAGE ; and as to the latter, who is arrested in any action , formerly
it arises when any particular damage is civil or criminal, but now only criminal,
done to the cargo or vessel by accident or on his finding sureties for his re -appear
otherwise, such as the loss of an anchor or ance. It is, however, usually understood
cable, the starting of a plank, or such like for the sureties themselves ; as, if A. is
other particular losses which do not en arrested and puts in bail , this means that
danger the general safety. All such latter he has found persons who have become
losses rest where they fall. sureties for his re-appearance, and who
AVERAGE AND PRIMAGE : See title take upon the selves the responsibility
PRIMAGE. of his returning or not returning when re
quired . There are or were several kinds of
AVERIIS CAPTIS IN WITHERNAM .
A writ once issued for the taking of cattle
bail, of which the principal are the follow
ing : viz. ( 1.) Bail below, or Bail to the
to a person's use, who had had his own sheriff'; ( 2.) Bail abore, Special Bail, or
Cattle taken by another, and driven out of Bail to the action ; (3. ) Bail in error ; and
the county where they were taken, so that (4. ) Common Bail. Now, taking each of
they could not be replevied . Reg. Orig. these four varieties of bail in order. ( 1. )
82 ; Cowel. Bail below , or to the sheriff, was such as a
AVERMENT. An allegation in plead defendant put in when arrested upon a
ing is so called. writ of capias. This he did by entering
into a bond to the sheriff with sufficient
AVOIDANCE. Has a general applica sureties conditioned for his appearance
tion in law, and denotes setting aside or within the period required by the writ, and
avoiding or vacating ; e.g., the avoidance which bond the sheriff was compelled by
of a fraudulent conveyance, is the setting statute to accept, and to discharge the de
such conveyance aside ; the avoidance of a fendant out of custody. (2.) Bail above,
benefice is the vacating thereof; and so on . special bail, or bail to the action, were per
AVOWRY . The defence to an action of sons whom the defendant procured to be
replevin, whereby the defendant insists come his sureties for the ultimate payment
(admitting the taking of the goods) that he of the debt and costs in the action, in the
has a right to do so ; when this alleged event of judgment passing against him, or
right is as agent for another, this defence as an alternative that he should surrender
iscalled a cognizance. himself to prison. They were termed bail
See titles COGNIZANCE ; REPLEVIN. to the action because they were responsible
AWARD : See title ARBITRATION AND for the defendant's abiding by the event of
AWARD. the action, and obeying the judgmentof the
Court therein , in contradistinction to bail
AWAY -GOING CROP. The crop upon to the sheriff, who only undertook that the
the lands and unreaped at the time of the defendant should appear according to the
natural determination of the tenancy, or exigency of the writ, and provide bail to
BAIL-continued. BAILIFF - continued .

the action . The undertaking of the sureties, counties. The word “ bailiff," however, usu
or bail above, was drawn upon a piece of ally signifies sheriffs'officers,who are either,
parchment by the defendant's attorney, and ( 1.) Bailiffs of hundreds, or , ( 2. ) Special
was technically termed the bail piece. ( 3. ) bailiffs. (1. ) Bailiffs of hundreds are officers
Bail in error were sureties whom a party appointed over those respective districts,
prosecuting a writ of error, commonly by the sheriffs, to collect fines therein , to
called the plaintiff in error, was required to summon juries, to attend the judges and
find, and who undertook that the plaintiff justices at the assizes or quarter sessions,
in crror should prosecute his writ of error and also to execute writs and processes in
with effect, and that in case the plaintiff was the several hundreds. (2. ) Special bailiffs
non pros -ed , or the judgment in the Court are that lower class of persons employed
below was affirmed , he should pay all the by the sheriffs for the express purpose of
debt, damages, and costs adjudged upon the serving writs and making arrests and exe
former judgment, and all costs and damages cutions, &c. (5. ) Those persons also who
to be awarded by reason of the delay of have the custody of the king's castles are
execution on such former judgment (3 Jac. called bailiffs, as the bailiff of Dover Castle .
1 , c. 8 ; 3 Car, 1, c . 4, s. 4 ; 19 Geo. 3, c. 70 ; ( 4. ) The chief magistrates of particular
6 Geo. 4, c. 96 , ss. 1 , 4. (4.) Common bail jurisdictions are also called bailiffs, as the
signified an appearance. bailiff of Westminster, for example. (5. )
See title APPEARANCE TO WRIT. There are also bailiffs of courts baron,
BAIL À CHEPTEL ) bailiffs of the forest, &c. Cowel ; Termes
de la Ley.
BAIL À FERME See title Louage.
BAILMENT. This is the most general
BAIL À LOYER word in English Law for agency, and com
BAIL ABOVE prises the following varieties of agency =
BAIL BELOW ( 1.) Gratuitous bailment,-in which
case it is settled that a misfeasavce on the
BAIL, COMMON part of the bailee, i.e. , agent, is actionable
BAIL IN ERROR See title
BAIL. ( Cogg8 v. Bernard , 1 Sm . L. C.177 ) ; but
that a mere non - feasance is not action
BAIL, SPECIAL
able ( Elsee v. Gatward, 5 T. R. 143).
BAIL TO THE ACTION (2.) Bailment for reward , — in which
BAIL TO THE SHERIFF case the bailee is of course liable as well
for a non -feasance, as for a misfeasapce ,
BAIL COURT. An auxiliary court of the and cannot recover his recompense until
Court of Queen's Bench, at Westminster, his performance of the duty which he has
wherein points connected more particularly undertaken .
with pleading and practice were argued and Again , bailment comprises the following
determined. It has now ceased to exist. varieties of agency :
See title PRACTICE Court, QUEEN'S ( 1.) Bailments in which the trust re
BENCH .
posed is exclusively for the benefit of the
BAIL IN CRIMINAL PROCEEDINGS. bailor, and hereunder Mandatum and De
Upon application to the Court of Queen's | positum , as to which, see these two titles.
Bench or Queen's Bench Division , or to a (2.) Bailments in which the trust re
judge thereof, the Court, or division, or posed is exclusivelyfor the benefit of the
judge may, as a favour, admit the prisoner bilee, and hereunder Commodatum (or
to bail, and that even, semble, in non -bail Prêt à usage ), and (where gratuitous)
able proceedings. But generally, in all Mutuum (or Prêt à consommation ), as to
cases of misdemeanour, the accused has an which, see these two titles ; and
absolute right to be discharged from his ( 3.) Bailments which are for the benefit ?
interim custody upon finding sufficient bail. of both bailor and bailee, and hereunder
BAIL PIECE : See title BAIL. the following varieties (as to which, see
the respective titles), viz. :
BAILIFF. There are various sorts of ( 1.) Pledge or Pawn, -- PAWNBROKERS.
bailiffs ; as bailiffs of liberties, sheriff's (2. ) Custody,-INNKEEPERS; and
bailitfs, bailiffs of lords of manors, &c., &c. (3.) Carriage,—CARRIERS.
Sheriffs are also called the king's bailiffs,
and the counties wherein it is their duty BAITING ANIMALS. Is a species of
to preserve the rights of the king are fre- cruelty to animals by setting them to fight
quently called theirbailiwicks, a word intro- with each other, e.g., bulls, bears,badgers,
duced by the Norman princes in imitation dogs, cocks, &c. (12 & 13 Vict. c. 92 ; 17 &
of the French, whose territory was divided 18 Vict. c . 60 ). The penalty is fine or
into bailiwicks, as that of England is into imprisonment.
59
BALLOT, VOTE BY Under the stat. 35 BANK NOTES — continued .
& 36 Vict. c. 33, all parliamentary and otherwise improperly obtained , the Bank
of England (upon presentment by a bona
municipal elections are required to be fide holder) is bound to cash it, although to
made by ballot ; and under the Elemen the prejudice ofthe true owner. Miller v.
ion Act, 1870 (33 & 34 Vict .
c.tary75),Eduthecatelection s are similarly required Race, 1 Sm. L. C. 468 .
This mode of voting was one of the five BANK NOTES , ISSUE OF. By the stat.
poibentsbyadv
to anced by the so-called Chartists, 7 Geo . 4, c. 46, any banking corporation
ballot.
in 1839, as the People's Charter ; the ( or partnersbip, although consisting of more
four other points were universal suffrage, than six members ) was enabled toissue its
annual parliaments , payment of members, own bills or notes , payable on demand or
otherwise , at any places in England ex
iou ty ceeding sixty - five miles from London ; and
and the abolit of the proper qualifi this provision was continued under the
cation for members of par liament . stat . 3 & 4 Will . 4, c. 98, but no note
See also title REPRESENTATION . was to be for a less sum than £5, and
BANC, or BANCO , SITTING IN. The within London and the sixty - five miles'
sittings which the respective superior radius banks of deposit ( but not of issue )
Courts of Common Law used to hold during miglit be established . And by the Act of
every term , and on certain appointed days 1844 (7 & 8 Vict . c. 32 ), it was provided
after term , for the purpose of hearing and that in future it should not be lawful for
determining the various matters of LAW any banker to draw , accept, make, or issue
argued before them , were so called , in con any bill or note payable to bearer on
tradistinction to the sittings at Nisi Prius, demand , subject to this proviso , viz. , that
which were held for the purpose of trying any banker who , on the 6th of May, 1844,
The former were usually was lawfully issuing his own notes might
helues
iss d bef FACTfou
of ore . r of the judges ; at the continue to issue same, but if he once
lat ter, on e jud ge onl y pre sid ed. The thereafter discontinued doing so , his right
phrase is not yet obsolete, but the thing should be incapable of revival and subse
itself is much altered , not more than two quent exercise ; and the amount of his
or at the most three judges now sitting note issue was not to be increased . The
together at Westmins te r in banc , and when last -mentioned proviso applies only to bills
so sitting being called also a Divisional or notes payable to bearer on demand.
Court, and the sitting in banc being now By the stat. 20 & 21 Vict. c . 49, 8. 12,
nea
BA NK OF uo
rly coed ENGLAND .
ntinin us A corporation partnerships for banking might be con
. 4 by charters of the stituted of any number of
establish 169 persons not
Crown granted under the authority of the exceeding ten ( formerly six ). Under tho
stat. 5 Will . and Mary, c, 20. The charter Companies Act, 1862 (25 & 26 Vict . c. 89),
was continued by the Bank Charter Act, no banking company claiming to issue notes
1844 (7 & 8 Vict. c. 32 ), determinable can be registered with limited liability as
after 1st August , 1855 , by giving twelve regards the amount of such issue.
the Hou se of Commons. The Bank assnists BANKERS. According to the decision
months' notice upon vote or resolutio of in Foley v. Hill (2 H.L. C. 28 ), the relation
ween a banker and a customer who pays
manaGogivengrn
the me nt Nat
the in all the De
ional grebt. Its ion
atdoperat s bet
ad- mo ney into the bank, is the ordinary rela
te
of finance , and is its appoin agent for tion of debtor and creditor, with a super
ded obligation arising out of the custom
vances to the Government are controlled by ad of bankers to honour the drafts of cus
the stat.
advances 59 Geo. 3,
ns ; ityc. 76, whi
but that lia ch req uir es
s not tomers, and that relation is not altered by
the previoorus loa
author ofPar Actmendoet to all ent
an agreem by the banker to allow
interest on the balances in the bank. The
affect purchases by the Bank of lawfully relatiou does not partake of a fiduciary
authorized exchequer bills or bonds, or relation , and therefore, as a general rule, no
auva
ad or
thnch esed uptoonbe suc
nciz
es of the est hablbo
ishnd
land wer thee,
eds., andIn in1826 bill in equity will lie against a banker for
bra Bank of Eng
t. o titles BILLS OF EXCHANGE ;
counals
an acSee
same year the Bank's monopoly of banking Cash Notes ; CHEQUES ; CIRCULAR
NOTES ; and LETTERS OF CREDIT .
Seeoken
was br on .nk Notes, ISSUE OF ;
lesup"Ba
titin
BANKS, JOINT STOCK ; NATIONAL BANKERS' BOOKS EVIDENCE . By the
BANK NOTES . These are a legal tender Bankers Books Evidence Act, 1879 (42
lanBT
in EngDE d .for all sums over £ 5 : See title Vict. c. 11), repealing the like Act of 1876
Cash NOTE, 3 & 4 Will . 4 , c. 98, s. 6. In (39 & 40 Vict. c. 43), a copy of any entry
case a bank note is lost, or is stolen , or is in a banker's book is made evidence of the
a
BANKERS' BOOKS EVIDENCE - contd . BANKS, JOINT STOCK - continued .
contents of the entry and of the entry, the legalizing the formation under deeds of
book being first proved to have been a settlement, of banking co -partnerships con
banker's book at the time of the entry sisting of more than six persons, provided
Teing made therein , the proof thereof being they did not carry on business in, or within
the affidavit or oath of some partner in , or sixty -five miles of, London . Afterwards,
officer of, the bank (83. 3, 4 ) ; and the copy in 1815, was passed the 7 & 8 Vict. c. 113,
being first proved to be correct, such latter which for a short time enabled joint-stock
proof being by the atlidavit or oath of some banks to be established under letters
person who has examined the copy with patent of incorporation. And latterly, the
the entry (s. 5) ; and henceforward the Joint Stock Banking Companies Act, 1857
bank cannot be compelled to produce its (21 & 22 Vict. c . 49), and Companies Acts ,
books in Court (s. 6 ); but the Court may 1862 (25 & 26 Vict. c. 89). and 1867 (30 &
order inspection thereof by any party to an 31 Vict. c. 131 ) , have afforded every facility
action ( s. 7 ), or to a prosecution or an for constituting joint stock banks in every
arbitration ( s. 10 ). And this order may be part of England, subject to the provisions
maue cither by the High Court of Justice of these Acts .
(or any judge thereof ) or by the County See title JOINT STOCK COMPANIES.
Court judge.
See titles DISCOVERY ; DUCES TECUM ; BANKS OF ISSUE : See title BANK
PRODUCTION OF DOCUMENTS. NOTES, ISSUE OF .
BANKERS CASE . This case was a case BANKRUPTCY . Under the Bank
extending between the years 1690 and ruptcy Act, 1869 (32 & 33 Vict. c. 71 ),
which commenced as from the 1st of
1700, and which arose out of the following January, 1870, but which does not extend
circumstances :—It had been a frequent to Scotland or Ireland, any one, whether a
practice after the Restoration in 1660 for
the king to borrow money upon the security trader or not, and whether a member of
of the public funds, orders being given on Parliament or not, may be adjudicated a
the Exchequer for payment of the principal bankrupt (8. 6) upon the petition of his
and interest. By 19 Car. 2, c. 12, these creditor or creditors, upon any one or
orders were made transferable. In 1677 other of the following six grounds, -com
the king granted the bankers annuities monly designated $“6 acts of bankruptcy :” —
out of the hereditary excise equal to 6 per ( 1.) Making a conveyance or assignment
cent. interest on their debts, redeemable on of all his property for the benefit
payment of the principal. The interest of his creditors generally ;
was paid till 1683, when it became in (2.) Making any fraudulent conveyance
arrear, and so continued until the Revolu or assignment of his property ;
tion in 1688 , when suits by way of petition (3.) Doing, with intent to defeat or delay
to the Barons of the Exchequer were his creditors, any of the following
instituted to enforce payment. The prin acts, viz ., -
cipal question in these suits (including the ( a .) Departed or remained
Bankers' Case) was, whether the grant of out of England,
the king was good so as to bind his suc (6.) Being a trader, de parted
from his dwelling
cessors, and continue a charge upon the house,
revenue ? The decision was practically in (c . ) Begun to keep house, or
favour of the bankers ; but they derived
no good from it, until Parliament afterwards (d. ) Suffered outlawry ;
made provision for them , by granting (4.) Filing a declaration of insolvency ;
them £ 3 per cent. in lieu of the £ 6 per (5.) Being a trader, having execution
cent. ; and this provision of Parliament levied by seizure and sale of his
was the origin of the Three Per Cent. goods for a debt of £50 , or up
Consolidated Bank Annuities. wards ; or
See titles CONSOLS ; NATIONAL DEBT. (6.) Having, if a trader for seven days,
and if a non-trader for twenty
BANKS, JOINT STOCK . By the 39 & one days, after service of a
40 Geo . 3, c. 28, s 15, it was forbidden to debtor's summons for a debt of
establish any corporate bank whatever, or not less than £50, neglected to pay
any bank where the number of partners or satisfy same.
exceeded six, so as to borrow , owe, or take The petition grounded upon any one of
up any sum or sums of money on their such acts must be presented within six
bills or notes payable on demand, or at months from the commission of the act.
any less time than six months, during such The Act constitutes two distinct juris
time as the Bank of England enjoyed the dictions, viz. :
:
rights conferred by former Acts . But in ( 1.) The London district,—which com
1826 , the 7 Geo. 4, c. 16 , was parsed prises the City of London and its
BANKRUPTCY - continued. BARE TRUSTEE. Is a trustee all whose

liberties, and all places situated duties have determined , but through some
within the districts of the metro negligence or other cause the legal estate
politan County Courts; and in the trust property has been left to
(2.) The country district. - which com remain in him . His administrator (when
prises the rest of England . the bare trustee dies intestate ) and not his
The Court of the London Bankruptcy heir- at-law takes the fee simple corporeal
Di-trict has all the powers and jurisdictions or incorporeal trust property ( Vendor and
of the superior Courts of Common Law and Purchasers Act, 1874 , 37 & 38 Vict. c. 78 ;
Equity ( In re Anderson, L. R. 5 Ch . App. and Amendment Act, 1875, 38 & 39 Vict.
473) ; the Judge may also reverse, vary, or c. 87).
affirm any order of a local Bankruptcy BARGAIN : See titles AGREEMENT ; SALE.
Court, in respect of a matter either oflaw BARGAIN AND SALE : See title Con
or of fact.
VEYANCES.
When a person is adjudicated a bank
BARNARDISTON v. SOAME. A rase in
rupt, all his property, whether real or per
soual, vests in his trustee, who has the election law, 26 Car. 2 ( 1674 ), in which the
following powers : plaintiff recovered £ 800 in damages against
( 1.) Receiving and deciding upon proof the defendant (who was sheriff of Suffolk )
of debts. for making a double return of members
(2.) Carrying on the business of the elected to serve in Parliament; but the
bankrupt. judgment was afterwards reversed . The
(3.) Bringing or de fending actions. principle of the original decision was,
(4.) Selling the property of the bank however, afterwards affirmed by the stat.
rupt, either by public auction or 7 & 8 Will. 3, c. 7. And under the stat.
by private contract ; and 11 & 12 Vict. c. 98, if any returning officer
(5.) Giving effectual receipts for money wilfully delays or neglects or refuses duly
received . to return the elected member, the latter
Upon the close of the bankruptcy, or may have his action against the returning
(but only with the assent of his creditors ), officer for damages.
during its continuance, the bankrupt may See title RETURN .
apply to the Court for an order of dis BARON. A term of very wide significa
charge, which he will obtain if he have tion originally, including all free tenants
paid 108. in the pound, and not otherwise, in chief, and quære, all freeholders even .
excepting as a special indulgence of the It was not originally a title of honour at
creditors ; also, if undischarged , he is pro all, all the citizens of London (e.g. ) being
tected for three years from the close of the designated barons. Eventually, the greater
bankruptcy proceedings, and if he should barons developed into, and became identi
during that period have paid up to 108. in fied with, the House of Lords, and the
the pound, he then obtains his discharge ; lesser barons became absorbed in the mass
but otherwise,the unpaid balance becomes of the commonalty, and were represented
a judgment debt against him , and may be (along with the burghs) in the House of
levied against his property, real or per Commons.
sonal, in the usual way, by leave of the BARON AND FEME : See title HUSBAND
Court. AND Wife.
BANNERET, or BANRENT. A ban
BARONY. The tenure of landsby
neret, or banrent, is said to have been a
knight made in the field , with the cere barony was one of the titles to peerage.
mony of cutting off the point of his The precise character of the tenure has
standard, and so making it like a banner. been a matter of dispute, and is hardly yet
They were accounted so honourable that settled. The question in its first aspect
they were permitted to display their arms was this,-whether all holding lands in
in a banner in the field like barons. See capite were barons ; for it is admitted that
Selden's Tit. of Hon . in early times all barons held lands, in
other words, that in early times all
BAR, PLEA IN. Is a defence put for baronies were territorial. Selden's opinion
ward to an action (or in fact to any prior was , that all holding lands in capite were
substantive pleading ), and which is based barons, and that in fact barony or tenure
upon the merits and goes to the root of the by barony was the same astenure of lands
case . It is opposed to a plea in abatement of the king in capite by knight service ;
(now abolished ). In Roman Law , it was also that the distinction between greater
called peremptoria vel perpetua ; while a and lesser barons which afterwards grew
plea in abatement was called dilatoria vel up, and the ultimate reference of the title
temporalis. of baron to the former class of barons alone
See title ABATEMENT, PLEA IN. was the work of time, beginning prior to
RY
62 A NEW LAW DICTIONA . !
BARONY - continued . BARRATRY - continued .

Magna Charta and becoming confirmed by prejudice of the owners of the ship, without
the last mentioned Act in the distinction their consent or privity ; as by running
which that Act introduced in the mode of away with the ship , sinking her, deserting
summons of barons, —the eminent tenants her, or embezzling the cargo. Park on Ins.
in capite being summoned by particular 137, 138 ; Kay's Shipmasters and Seamen ,
writs , the lesser ones by a general writ. 210-217 ; Knight v. Cambridge, 1 Str. 581 ;
On the other hand, the opinion of Maddox Vallejo and Another v. Wheeler, Cowp. 143.
was, that barony or tenure per baroniam
was intrinsically different from tenure of BARRIERS, TRESPASS TO : See title
lands of the king in capite. He bases his BOUNDS, WORKING OUT OF.
opinion upon the circumstance that in the BARRING ESTATE TAIL. Formerly an
charter of Henry I. tenants in chief are estate tail could only be barred by levying
enumerated distinctively from earls and a fine or suffering a common recovery (see
barons, and upon the further circumstance these titles). At the present day, it can
that the like distinctive enumeration occurs only be barred ( 1 ) in the case of freeholds,
in the list of the members present at the by a disentailing deed, and (2), in the case
parliament of Northampton in the years of copyholds, by surrender, or (but only if
1165 and 1176. He does not, however,
state what the precise nature of barony the estate is equitable) by a disentailing
deed executed in accordance with the stat.
was, otherwise than negatively, for he 3 & 4 Will . 4, c. 74. Therefore neither a
points out that the distinction did not con will, nor a contract of sale, nor any other
sist in the number of fees ( Balliol having deed or instrument in writing whatsoever,
thirty and yet being only a knight, while not being a special Act of Parliament, is
Hwayton was a baron and had only three), of any force or efficacy whatsoever, unless
nor yet in the privilege or service of attend
ing parliament, for that was a duty on the preceded by the properstatutory mode of
bar, to pass ortoconveyanestatetail to
part of all tenants in capite. The question the devisee or contractee, or other person
in more modern times has been ,—what was whatsoever ; nor may the Courts of Equity,
the effect of the writ of summons to a in favour of a purchaser for value, execute
baron , and was a barony ever disjoined the contract by decreeing the heir in tail
from territorial possessions ? Now it ap to carry out the act which his ancestor
pears that the ancient barons, i.e. peers has left incomplete ; and it need scarcely
holding in barony, may claim as a matter be added that the Courts of Equity would
of right their writ of summons, and the not, even if they might, decree a disentail
sovereign may not deny it them ; but ing deed in favour of the devisee, who is a
barons of new creation, although they are mere volunteer.
in all other respects upon a level with the
ancient barons, derive their title under BARRISTER . A counsellor learned in
their writ, or , as the case may be, their the law who pleads at the bar of the Courts,
patent, and their title is not more extensive and takes upon himself the advocacy or
than their writ or patent. If, therefore, defence ofcauses. His professional con
words of inheritance were entered in the duct is under the control of the Benchers
writ, the title was descendible ( De Vesci, of his Inn ( Hudson v. Slade, 3 F. & F.
27 Hen . 6 ) , if not then not ; although, 390). His fees are an honorarium , and no
indeed, this latter statement has been con action lies to recover them , nor can any i
troverted, and a writ , if it has been acted security be taken for them ( Brown v. Ken
upon by the party, is now held, even with nedy, 13 C. B. 677 ). But it is otherwise
out words of inheritance, to confer an in with the fees of conveyancers or special
heritable dignity, a patent differing from a pleaders below the bar, who may maintain
writ of nobility in this, that the patent such action , or take such security ( Steadman
operates proprio rigore, or without added v. Hockley, 15 M. & W. 553). A barrister
entry , and according only to the words is pot liable for negligence or non-attend
of limitation in the patent. ance ( Fell v. Brown, Peake, 96). He enjoys
A title of nobility has now become purely numerous privileges (which, however, he is
personal, and not territorial. It may there assumed to exercise only for the benefit of
fore be (and indeed frequently is) held his client), e.g., he may compromise the case
apart from or without lands. It became ( Swinfen v. Swinfen , 1 C. B. (N.S.) 364 ;
personal as early as 1295 (23 Edw. 1 ) , 2 De G. & J. 381 ) ; bor is he exposed to
according to Lord Cranworth in Berkeley any action for libel or slander, in conse
Peerage Case, 8 H. L. 21. quence of words written or spoken by him
in the conduct of his case ( Hodgson v.
BARRATRY. Any act of the master or Scarlet, 1 B. & A. 232) ; nevertheless it
of the mariners of a ship which is of a cri seems that he is liable to be punished for
minal or fraudulent nature, tending to the contempt of Court even for words pro
63
BATES'S CASE - continued .
BARRISTER — continued . from the Levant was liable to a tax or
fessedly spoken in the discharge of his imposition laid on by the King (Jac . I.)
functions as advocate ( Ex parte Pater, 5 B. without the sanction of Parliament , the
& S. 299). He is privileged from arrest restraints of the early statutes and ordi
while attending Court or going circuit . nances on the King's taxation not extend
BARTER : See titles EXCHANGE ; PER ing to foreign commerce. This case is
MUTAT.O .
sometimes called the Case of Impositions.
BASE FEE. A base or qualified fee is See title BILL OF Rights.
an estate which hath some qualification BATTEL The trial by wager of battle
subjoined thereto , and which must cease was a species of trial introduced into
or be determined whenever such qualifica England, among other Norman customs,
tion is at an eud . As in the case of a by William the Conqueror, in which the
grant to A. and his heirs , tenants of the person accused fought with his accuser,
manor of Dale ; in this instance , whenever underthe apprehension that Heaven would
the heirs of A , cease to be tenants of that give the victory to him who was in the
manor, the grant is entirely defeated . So
when Henry VI. granted to John Talbot, right.See titles JURY, TRIAL BY, HISTORY OF ;
lord of the manor of Kingston - Lisle, in WAGER OF BATTLE .
Berks, that he and his heirs, lords of the BATTERY : See title ASSAULT AND
said manor, should be peers of the realm
by the title of Barons of Lisle ; here John BATTERY .
Tulbot had a base or qualified fee in that BATTLE, TRIAL BY. A mode of trial
dignity , and the instant he or his heirs in Anglo -Saxon times , which became obso
quitted the seigniory of thate manor, the lete after trial by jury was introduced
ity
dign was at an end. Thes esta tes are (Hen . II .) ; the last instance of it ( Ashford
fees, because it is possible that they may v. Thornton, 1817–1818 ) was the occasion
endure for ever in a man and his heirs ; of its express abolition by statute (59
yet as that duration depends on certain Geo, 3, c .46 ) . Taswell -Langmead , 122.
collateral circumstances which qualify See title JURY, TRIAL BY, HISTORY OF.
and debase the purity of the donation , it BAWDY - HOUSE : See title BROTHEL.
is therefore called a base or qualified fee. BEDCHAMBER QUESTION . This was
In a more limited sense , a base fee is used
to denote a fee simple derived out of a fee a question raised for the first time in 1839,
tail , which has been barred by one whose upon the accession of Sir Robert Peel's
power extends only to bar his own issue administration , in succession to that of
heirs in tail ; in this case , so long as such Lord Melbourne ; and the question was
heirs in tail or their issue endure, the fee simply this,-whether the ladies of the
simple endures, but determines when they royal household (where the sovereign more
become extinct .
especially was a queen) were to go out with
BASTARD . A child born out of wed the out-going ministry , upon the ground
that their near relationship to that ministry
lock . He is not legitimized by the subse was likely to thwart or render insecure, or
quent marriage of his parents (Doe d . Birt unstable, the acts of the incoming ministry.
whistle v. Vardell, 6 liat g. N. C. 385). The Queen herself was opposed to the
Binion ati ve
n er
Upo an ord of affi , the put change, and Sir Robert Peel refused to
father becomes liable to aa limited extent to accept oflice in consequence
support his child ; but otherwise the upon Sir Robert Peel's return; but in 1811 ,
to office, the
mother must support it. The custody of question was decided in the way he had
the child belongs also of right to the contended for in 1839.
mother, notwithstanding the father is able BEER HOUSE : See titles ALE AND BEER
and willing to maintain it better ( Ex parte
Knee , 1 N. R. 148) ; but it seems that the HOUSES ; LICENSING ACTS.
wishes of the child itself will be consulted BEGIN , RIGHT TO. The right to begin ,
( InA re Lloyd , 3 Man. & G. 547). or duty of beginning , when an action
child born under the cloak of wedlock comes on for trial, usually rests with the
is a bastard , notwithstanding the maxim plaintiff, and does so in all cases in which
Pater est quem nuptiæ demonstrant, if it is any of the issues rest upon him to prove ;
proved that the husband of the mother had but this rule is subject to the control of the
no access or possibility of access to her judge. Even where it is only the amount
during the required periodof generation . of damage that requires to be proved on the
See title AFFILIATION ORDER. plaintiff's part, he has the right to begin
BASTARD EIGNÈ : See title Eignè . ( Carter v . Jones, 6 C. & P. 64 ; Mercer y,
Whale, 5 Q. B. 447). An erroneous ruling
BATES'S CASE . Decided that a Turkey of the Court as to the right to begin used
merchant importing currants into England
BEGIN, RIGHT TO — continued . BENEFICIUM CEDENDARUM AC
TIONUM : See title SURETYSHIP ,
to be a ground for a new trial , but always
in the discretion of the Court. BENEFICIUM DIVISIONIS : See title
See title RighT TO BEGIN . SURETYSHIP .
BELLIGERENCY : See title REBEL OR BENEFICIUM EXCUSSIONIS VEL
BELLIGERENT. ORDINIS : See title SURETYSHIP .
BENCH WARRANT. When an indict BENEFICIUM INVENTARII : See title
ment has been found for a misdemeanour BÉNÉFICE D'INVENTAIRE .
during the assizes or sessions, it is the BENEFIT BUILDING SOCIETY : See
practice for the judge attending the assizes, title BUILDING SOCIETIES.
or for two of the justices attending the
sessions, to issue a bench warrant, signed BENEFIT OF CLERGY : See title CLERGY ,
by him or them , to apprehend the defend BENEFIT OF .
ant. It is otherwise like an ordinary BENEVOLENCES . Were a mode of
warrant issued by a justice or police
magistrate. Haw . Pl. Cr.; Harris's Crim . early taxation, falling principally, if not
Law , 374. exclusively, on the wealthier classes; they
took the place of the ancient louns, but were
BENCHER. A dignitary of the Inns of in fact forced contributions, not intended to 1
Court is so termed . Each Inn of Court is be repaid. Strong sovereigns resorted to

presided over by a certain number of them (e.g. Edward I., III., and IV.) ; but
benchers, who exercise the right of admit Richard III. declared them illegal,-a con
ting candidates as members of their society, cession to the powerful feeling of the people
and also of ultimately calling them to the against them . They were again resorted
bar. They are usually selected from those to by Henry VII., Bishop Morton, his
of their members who have distinguished chancellor, arguing people into their
themselves in their profession ; and it is ability to pay by means of his impudent
the ordinary practice, but subject to a dis dilemma (Morton's Fork). Benevolences
cretion in the body of benchers, for each were afterwards attempted to be levied as
Inn of Court to select its member a ben an anticipation of the lawful revenue , i.e.
cher as soon as he has attained the rank subject to a promise of repayment out of the
or degree of queen's counsel . They also next or some other subsequent subsidy.
exercise a general supervision over the The stat. of Richard III . had been de
professional conduct of all counsel tliat are clared illegal by Henry VII.'s lawyers, as
members of the Inn . being that of a usurper. Eventually, by
BÉNÉFICE d’INVENTAIRE. This in the Bill of Rights, the stat, of Richard III.
was in effect restored .
French Law corresponds to the Beneficium See titles TAXATION, HISTORY OF ;
Inventarii of Roman Law , and substan BILL OF RIGHTS.
tially to the English Law doctrine, that the
executor properly accounting is only BEQUEATH OR BEQUEST : See title
liable to the extent of the assets received DEVISE .
by him . BEST EVIDENCE . Primary evidence,
BENEFICES. Generally taken for any if obtainable, renders secondary evidence
ecclesiastical livings or church preferments, inadmissible ; but this is only one applica
whether dignities or not. King John tion of the rule requiring the best evidence
having conceded to the pope the right to be given . Because even in secondary
of nominating to benefices, and Magna evidence, and also in circumstantial evi
Charta having secured the exercise of dence, that evidence is to be used which
popular nominations, but subject, never is the best obtainable, having regard to
theless, to the sanction of the pope, and the nature of the case .
the papal right being greatly abused by BESTIALITY : See title Sodomy.
being made a channel for drawing English
money abroad, eventually, after other BETTING HOUSES. These were sup
checks failing, the Statute of Provisions pressed in England by the 16 & 17 Vict.
(25 Edw. 3 ) was passed forbidding the c. 119 ; and in Scotland by the 37 & 38
pope's nominationto benefices, and super Vict . c. 15.
seding his control of the popular nomi BEYOND THE SEAS. Nopart of the
nations.
United Kingdom of Great Britain and
See titles ADVOWSON ; PROVISORS, Ireland , nor the Isle of Man , Guernsey,
STATUTES OF.
Jersey, Alderney, or Sark, nor any islands
BENEFICIARIES . The cestuis que adjacent to any of them (being part of the
trustent, or persons entitled beneficially dominions of Her Majesty), are deemed ,
to property held by a trustee are so called . as regards plaintiffs, beyond the seas within
BEYOND THE SEAS - continued . BILL IN CHANCERY - continued.

the meaning of the stat. 3 & 4 Wm. 4, where the summary - i.e., statutory - pro
c. 27, amended by the Real Property Limi ceeding by petition or summons was not
tations Act, 1874 (37 & 38 Vict. c . 57) : available. the bill was the only process ,
and although it appears to have been beld but at the same time a universal process,
that Dublin, or any place in Ireland , was of initiating Chancery proceedings . How
beyond the seas within the meaning of the ever, now , under the Judicature Act, 1873,
Statute of Limitations, 21 Jac. 1, c . 16 all actions and suits are to be commenced
( King v. Walker, 1 Bl. Rep. 286 ; Night by a writ of summons, which is usually, in
ingale v. Adams, Show. 91 ), still it is no due course, followed up by a statement of
longer so ( 19 & 20 Vict. c. 97 ) as regards claim (in the nature of the old bill), and
plaintiffs. other pleadings.
BIDDINGS, OPENING OF. See title See titles PLEADINGS ; STATEMENT OF
AUCTION. CLAIM ; STATEMENT OF DEFENCE.
BIGAMY. A criminal offence which BILL OF COSTS : See title ATTORNEY'S
consists in going through the ceremony of BILL OF COSTS.
marriage with another, while a former BILL OF EXCEPTIONS. If during a
husband or wife is still alive and not di
vorced, knowing at the time, or reasonably trial a judge, in his direction to the jury,
believing , that such former consort is stiil or in his decision, mistook the law , either
alive. I'he offence amounts to a felony, through ignorance, inadvertence, or design,
and is punishable with penal servitude for the counsel on either side might require him
not more than seven nor fewer than five publicly to seal a bill of exceptions, which
years, or with imprisonment with or with was a statement in writing of the point
out hard labour for any period not exceeding wherein he had committed the error, and
two years. which statement, by fixing bis seal thereto,
he thus acknowledged ( Smith's Action at
BILATERAL CONTRACTS :: See title Law , p. 82 ). This statement had to be put
UNILATERAL CONTRACTS. in writing while the Court was sitting , and
BILL has various significations in law in the presence of the judge who tried the
proceedings. In civil matters it used to cause, and signed by the counsel on each
denote the bill of complaint in the Court side ; after which it was formally drawn up
of Chancery, which has now been super and tendered to the judge to be sealed. A
seded by the statement of claim introduced bill of exceptions was said to be in the
by the Judicature Acts. nature of an appeal from the judgment or
See title BILL IN CHANCERY. decision of the Court below to a Court of
In criminal matters, when a grand jury, error. (Wright v. Sharp, 1 Salk . 288 ;
upon any presentment or indictment, con Gardner v . Bailey, 1 Bos . & P. 32 ;
sider the same to be probably true, they Wright v. Tatham , 7 A. & E. 331 ). By
write on it two words, billa vera, in other the Judicature Act, 1873, bills of excep
words, they are said to find a true bill, and tion are abolished , and an appeal to the
thereupon the accused party is said to Court of Appeal substituted for them ; but
stand indicted of the crime, and is bound under Order LVIII. 13, and 8. 22 of the
to make answer to it. Judicature Act, 1875 , when there is a
motion for a new trial made upon the
See also the following titles.
ground that the judge at the trial bas not
BILL FOR DISCOVERY : See title Dis submitted or left the issues to the jury,
COVERY . and directed the jury as to the law and the
BILL IN CHANCERY. The method of evidence applicable to the case, the motion
is to be made upon an exception (i.e. objec.
instituting a suit in the Court of Chancery tion) taken at the trial and entered upon
used to be by addressing a bill , in the or annexed to the record (if any).
nature of a petition, to ihe Lord Chan See title EXCEPTION TO JUDGE'S DIREC
cellor. This bill was neither more nor less TION.
than a statement of all the circumstances
which gave rise to the complaint, and a BILL OF EXCHANGE . A bill of ex .
prayer or petition for particular relief, ac change is defined by Blackstone to be an
cording to the case made by the bill, or for “ open letter of request from one man to
general relief, according as the nature of another, desiring him to pay a sum named
the case might require. When this bill was therein to third person on his account. "
drawn up or prepared, it was left with the The person who draws or makes the bill is
proper officer of the Court in order to be called the drawer ; the person to whom it is
filed, and this was what is termed filing a addressed is called the drawee ; and when
bill in Equity. the drawee has undertaken to pay the
Until the 1st of November, 1875, in cases amount (which undertaking he signifies by
F
BILL OF EXCHANGE - continued . BILL OF EXCHANGE - continued .
writing across the bill of exchange the able instrument, and the indorsee takes
word “ accepted ” together with his name, free from all ( if any) equities that may
or his name simply, with or without adding affect the bill ; but when the bill is trans 1
the place where the money is to be paid ), ferred after it is due by indorsement and
then he is called the acceptor ; the person delivery (but semble, not when by delivery
to whom the money is ordered to be paid is only ), the indorser takes subject to the
called the payee ; and if the payee transfers equities ( if any) affecting the bill. For pay
it over to another (which he does by simply ment of a forged bill, the paying person or
writing his name across the back ), he is bank is the sufferer; but if the bill is a
called the indorser, and the person to whom banker's order or cheque, payable on de
die thus transfers it is called the indorsee, manı), and the indorsement only is forged ,
which latter person may also, if he pleases, the paying bank is not the sufferer. Lost
in bis turn transfer it to another party (by bills may be safely paid on an indemnity
the same process of signing his name on and an affidavit of the loss ; destroyed
the back, or indorsing it, as it is termed ), bills upon an affidavit of the destruction .
and sometimes by mere delivery ; thus it See title PROMISSORY NOTE.
may be transferred from one person to BILL OF EXCHANGE, ACTION ON.
another ad infinitum , the party transfer
ring it always being called the indorser, Under the Summary Procedure on Bills of
and the party to whom it is transferred the Exchange Act, 1855 ( 18 & 19 Vict. c. 67 ),
indorsee . The acceptor is the person pri when an action is commenced on a bill of
marily liable ; and it is his duty in general exchange or promissory note within six
months after due, the writ of summons
to run after the bill when it falls due, and
to find out the holder and pay him , being, (with which the action commences ) directs
however, allowed the usual three days of ( in effect ) the defendant to obtain leave to
grace, unless the bill is payable on demand, appear, and also to appear, to the writ
or ( since 34 & 35 Vict. c. 74 ) on presenta within twelve days after service thereof
upon him (Form , Schedule A to Act, 1855).
tion, or at sight ; but if the acceptor should Unless the defendant can show some de
have accepted in a form specifying a plase fence to the action on the merits, he will
of payment upon the bill falling due, then
the holder must either present the bill at not get leave to appear, and so final judy
the place specificil, or himself find out the ment may be entered against him after the
acceptor; and if the bill should be accepted twelve days; but if le succeed in obtain .
payable at a specified place, “ and not else ing (within the twelve days ) leave to appear
where," then the holder must present it at (upon showing some such defence as afore
that place and no other place, and the said ), and if he do also thereupon appear
acceptor ought, before the expiration of
within the time limited for his appearance
to the writ, then in its other stages, the
the three days of grace, to have funds pro action proceeds like any other action in the
vided there to meet the bill. Bills of ex
High Court. The application for leave to
change are usually given by way of pay appear is made at chambers (to the chief
ment for goods purchased on credit ; when clerk or judge in Chancery, or to the master
they are given without any valuable con in the Common Law Divisions) or in the
sideration, they are called accommodation
billy ; but these latter bills, excepting as district registry, when writ of summons
between the drawer and the acceptor, do issued thereout (Order 54, rule 2 ; Order
not differ from other bills of exchange. 35, rule 4 ; Oger v. Bradnum , L. R. 1 C. P.
Div. 331).
Should the acceptor fail to pay the bill, the
holder may either sue him or have recourse BILL OF EXCLUSION ; See title Ex
to any of the parties whose names are in- CLUSION , BILL OF.
dorsed on the bill , such parties being ( unless BILL OF HEALTH . Is a certificate given
when they have indorsed sans recours) liable by consul to master of vessel, regarding
secondarily, or as suretics for the acceptor, state of the port of starting. The bill may
in a manner ; but if the holder intends to
be either clean , suspected, or foul; if foul,
have such recourse to any of the indorsees, the vessel will be subjected to quarantine
he must, immediately after the acceptor's on its arrival at port of destination . Kay's
refusal to pay , give each of them notice Ship. and Seamen, 133,
that the bill was duly presented for pay
ment and was dishonoured, and this is BILL OF LADING. This is a document
called giving notice of dishonour. Even which is signed and delivered by the ship
the drawer (unless the bill is an accommo- owner, or master as his agent, to the ship
dation one) is entitled to receive this notice. pers in a gencral ship on the goods being
When a bill of exchange is transferred by shipped ; or, speaking more practically,
indorsement and delivery, or by delivery upon the goods being shipped , the mate
only before it is due, it is a fully negoti- gives the shipper an acknowledgment
67
BILL OF LADING-continued. BILL OF LADING - continued .
thereof, which is called the “ mate's re- A bill of lading, after indorsement, is
ceipt,” and the shipper takes that to the countermandable before actual delivery
broker or captain of the ship, who ex- thereof or of the goods to the indorsee ;
changes it for the bill of lading. but, after an indorsement and delivery of
Form of Bill of Lading :-A bill of the bill of lading and invoice of the goods
lading is commonly made out in parts. as a security against bills which are to be
One or more of these parts are sent by the drawn by the indorsers on the indorsees,
shipper to the consignee of the goods, one the indorsers cannot, after having obtained
is retained by the shipper in his own cus- the acceptances, and whilst the balance of
tody, and another is given to the master, accounts is in favour of the indorsees,
shipowner, or captain. The bill , after countermand the delivery of the goods,
mentioning the shipping of the goods in and the mister of a ship would be liable
good order and condition , and their desti- in trover if he acted uuder any such order
nation, undertakes to deliver same in like (Haille v. Smith , 1 B. & P. 563 ). But,
order and condition to the consignee or his semble, it would be otherwise if the balance
assigns, upon payment by the latter of the of accounts were the other way .
agreed freight BILL OF MIDDLESEX. A species of
.
Incidents of Bill of Lading :-A bill of process by which actions were formerly com
lading may be indorsed, and thereafter, menced in the Court of Queen's Bench . It
upon being delivered , it passes to the in was a kind of cept directed to the sheriff
dorsee the property in the goods to which
it relates ; and since the Act 18 & 19 Vict. of the county, commanding him to take
the body of the defendant and have it, on
c. 111 , the indorseo may sue thereon in a certain day therein -mentioned, in Court,
contract in his own name, and not, as here
tofore, in the name of the indorser only. wheresoever the lord the king should be
The actual holder of a bill of lading, al. in England (Boote's Suit at Law, 38 ).
though insolvent, may even defeat by a This mode of proceeding was abolished by
bona fide indorsement, accompanied with the Uniformity of Process Act, 2 Will. 4.
c. 39 .
delivery of the bill of lading, the right of
the unpaid consignor or vendor to stop the BILL OF PARTICULARS. A bill of
goods in transitu ; and for this purpose it is particulars, or, as it was frequently termed,
not material that the indorsee knows that a particular of plaintiff's demand , was a
the consignor has not been paid for the statement in writing of what the plaintiff
goods in money, if he does not know that sought to recover in his action . Its object
the consignee is insolvent, or that the bills was to furnish the defendant with a better
given in payment are bad ( Cuming v. or more specific statement of the plaintiff's
Brown, 9 East, 506). No property, how- cause of action than was to be collected
ever, passes by the indorsement if there is from the declaration or summons. The
fraud in the transfer, or if there is notice bill of particulars differed from the decla
ly the previous indorsement that the earlier ration, inasmuch as the one disclosed the
transfer is conditional only, or if the in- nature and legal effect of the plaintiff's
dorsee knows of the insolvency of the con- claim , the other its component ingre
signee ( Vertue v. Jewell, 4 Camp. 31 ). Nor dients ” (Lush's Pr. 374 ; Pylie v . Stevens,
can the bonâ fide indursce for value inter- 6 Mee . & W. 814). Under the present
fere by virtue of the indorsement to him practice, a party may obtain particulars of
with the stoppage in transitu , if the person the plaintiff's demand or of a defendant's
through whom the bill of lading came to set-off upon summons (Rules of Hilary
him had no authority from the shipper or Term , 1853, r. 17 ) ; and under Order xur. 5,
consignee to put it in circulation (Gurney to a writ not specially indorsed if defendant
v. Behrend, 3 E. & B. 622), the bill of fails to appear, the plaintiff tiles a state.
lading being in this respect like an over- ment of the particulars if the debt is a
due bill of exchange. And it is expressly liquidnted demand sought to be recovered,
provided by the 18 & 19 Vict. c. 111 , s. 2, and signs judgment for same after eight
that the extension which that Act gives to days.
the rights and liabilities of the indorsee See title PARTICULARS OF DEMAND.
shall not affect in any way the right of
stoppage in transitu . Where the bill of BILL OF PEACE. These are bills in the
lauling is negotiated by way of pledge, the nature of bills quia timet, but which are
right to stop in transitu may be gone at most commonly brought after the right
Law (and the better opinion seems that it has been tried at Law . The bill is brought
is) ; but it remains in Equity, subject to for the purpose of establishing and per
the pledgee's rights in respect of his spe- petuating a right claimed by the plaintiff,
cific advance ( In re Westzinthus, 5 B. & the right being of a nature to be contro
Ad . 817). verted by the different persons, at different
F 2
BILL OF PEACE - continued . BILL OF SALE - continued .
times, and by different actions. The design fraud. In Edwards v. Harben ( 2 T. R.587),
of the bill is to secure repose from per following Troyne's Case ( 1 Sm . L. C. 1 ), 1
petual litigation, or the fear thereof, and the retention of possession by the maker
is justified by the doctrine of public policy was accepted as an index of fraud . The
tliat there should be an end to litigation. bill of sale is, however, in all cases good as
Thus, the lord of a manor may bring such between the parties , even although unre
a bill against his tenants in regard of an gistered ( Bessey v. Windham , 6 Q. B. 166).
encroachment ( Sheffield Waterworks Co. v. See title FRAUDULENT CONVEYANCES.
Yeomans, L. R. 2 Ch . App. 8 ; Earl of BILL, PARLIAMENTARY . A parlia
Bath v. Sherwin , Prec. Ch . 26). mentary bill has been described as the
BILL OF REVIEW : See titles RE “ draft or skeleton of aa statute .” Bills are
HEARING ; REVIEW, BILL OF. divided into two classes, viz., public and
BILL OF REVIVOR : See title Revivor. private bills. The former are such as in
volve the interests of the public at large,
BILL OF RIGHTS. The statute 1
and when passed by all the three branches
Will . & Mary, stat. 2, c . 2, is so termed of the Legislature, become a portion of the
because it declares the true rights of public statutes of the realm : the latter are
British subjects. The short contents of it such as have reference to the interests of
are as follows : After reciting the various private individuals, and are frequently
unconstitutional and illegal acts of the introduced to enable them to undertake
preceding Stuart reigns, it goes on to enact works of public utility at their own risk ;
as follows : such , for instance, are the various bills
( 1.) The suspending power, when ex introduced for the purpose of establishing
ercised by the Crown without the railway companies ; such also used to be
assent of Parliament, is illegal; those of naturalization , for change of name,
(2. ) The dispensing power, as of late for divorce, &c., although all, or the ma
exercised, is illegal; jority, of these latter purposes, are now
(3.) Levying money by prerogative is partly accomplished in virtue of public or
illegal; general statutes.
(4.) The subjects have a right to petition
the Crown, and all commitments BILL QUIA TIMET. – Was a proceeding
for so petitioning are illegal; in the Court of Chancery ,-and which
would now be called an action in the
(5.) Raising or maintaining a standing
army within the kingilom in time nature of a Bill quia Timet,-brought for
of peace is illegal, if done without the purpose of anticipating and providing
the assent of Parliament; against an apprehended liability, or for
(6.) Freedom of speech in Parliament the purpose of anticipating and preventing
secured ; and an apprehended wrongfulact.
(7.) Excessive bail, excessive fines, &c., BILL TO ESTABLISH WILL . - Was a
&c., discouraged . proceeding in the Court of Chancery, hav
BILL OF SALE . Is an instrument ing for its object to establish the validity
whereby one person called the assignor of wills (of real estate). The devisee was
assigns, or purports to assign, to another plaintiff, and with his consent the heir-at
person called the assignee, personal pro law might have been plaintiff. This kind
perty or chattels, either conditionally, i.e., of proceeding became very infrequent
by way of mortgage, or absolutely, i.e., by after the Court of Probate Act, 1857
way of sale or giſt outright. (20 & 21 Vict. c. 77) enacted that where a
Under the Bills of Sale Act, 1878 (41 will is proved in solemn form , the probate
& 42 Vict. c. 31 ), every bill of sale requires shall be conclusive proof of the validity of
the will .
to be registered within seven days from See title PROVING A WILL.
the making thereof, otherwise the same is
void as against execution creditors, the BILLETING – Of soldiers and marines
trustee in bankruptcy, and others; it re on private persons was one of the alleged
quires to be re -registered every five years. unconstitutional acts of the king com
And even then, without possession taken plained of in the Petition of Rights
prior to an act of bankruptcy, it used to ( 3 Car. 1 ) ; and no such billeting is now
be void as against the trustee in bank legal. But under the Annual Mutiny Act
ruptcy ( Badger v. Shuw , 2 El. & El . 472 , and the stat. 4 & 5 Will. 4, c . 85 , s. 5,
following Stansfield v. Cubitt, 27 L.J. (Ch .) soldiers and marines may be billeted on
266 ), but is not now so ( Act 1878, s. 20). innkeepers, licensed victuallers, &c.
This strictness of the law is due to the
fact that fictitious bills of sale are often BIRDS, PROTECTION OF WILD. Under
given for the purpose of effectuating a the stats. 35 & 36 Vict. c. 78, and 39 &
69
BIRDS, PROTECTION OF WILD - contd . BISHOPS, CASE OF THE SEVEN-con

tinued .
40 Vict. c . 29 , provision has been made for to return a general verdict in actions of
the protection of wild birds, chiefly by pro
hibiting their sale during certain parts of libel.
See titles PETITION , SUBJECT'S RIGHT
the year ; and these Acts apply to any TO ; Press , LIBERTY OF.
sale or exposure for sale within the United
Kingdom of birds purchased without the BLASPHEMY. To revile at or to deny
United Kingdom (Whithead v. Smithers , the truth of Christianity as by law esta
2 C. P. Div. 558 ). blished is a blasphemy, and as such is pun
ishable by the common law. Under the stat.
BIRTH . By the statute 6 & 7 Will. 4, 9 & 10 Will. 3, c. 32, cited in the Stats. Rev.
c. 86 , it is provided that the certified copies as 9 Will . 3, c. 35, any professed Christian
of entries , purporting to be sealed with the who denies the Holy Trinity, or generally
seal of the Registrar-General's office, shall the Christian religion, may be indicted for
be evidence of the birth [death, or mar the same, and upon conviction is liable to
riage ]. to which the same relate, without be deprived of office and incapacitated for
any further or other proof of such entry.
An affidavit of identity must, however, ac holding future office ; but the prosecution
company the extract as proof of the birth requires to be commenced within four days
[death , or marriage ]. Parkinson v . Francis, of the blasphemy spoken ; and is to be de
lties are to be
sisted from , and all the penat's
15 Sim . 160 . removed , upon the defendan renunciation
BIRTH , CONCEALMENT OF. The con of his heretical opinions.
cealment of aa birth is, under 24 & 25 Vict. BLENDED FUND. Is a fund consisting
c. 100 , s . 60 , a misdemeanour ; and as such
partly of the proceeds of real estate or of
is punishable with imprisonment for any the sale thereof, and partly of the proceeds
term not exceeding two years, with or with of the conversion of personal estate or of
out hard labour. personal estate. The fund has usually to
BISHOP . A dignitary of the church be resolved again into its component parts
who has episcopal jurisdiction within his or proportions, in quöstio' is of conversion
and iu an action for administration in the
diocese , but which jurisdiction he com Chancery Division, at least where there are
monly exercises through his chancellor or
commissary. A bishop is a Peer of Parlia charitable legacies to pay.ION
Seetitles CONVERS ; LEGACIES ;
ment ( See title PEERS, QUALITY OF
SPIRITUAL ). Successive attempts have been TRUSTS, sub -title CHARITABLE
made in recent times to deprive bishops of TRUSTS .
their seats in the House of Lords, princi BLOCKADE . A blockade in law must
pally those of 1834, 1836, and 1837. In be an actual or effective blockade, and not
1869, the Irish bishops lost their seats in a paper blockade merely ; in other words, a
Parliament. And in 1817, when the new port is blockaded when a squadron is in the
bishopric of Manchester was created, it was vicinity of it for the purpose of preventing
provided ( 10 & 11 Vict. c. 108 ), that no in ingress into and egress from it, and not when
crease in the spiritual peers should take it is merely declared to be under blockade.
place. The two Archbishops and the violation of blockade requires three
Bishops of London, Durham , and Win things-( 1 .) That the blockadebe effective ;
chester have always a right to sit in Parlia (2.) That the accused had notice thereof ;
ment, but the bishop last elected to any and (3.), That he made ingress or egress
other sec (except that of Sodor and Man, in disregard of the blockade.
whose bishop is in no case a lord spiritualof
Parliament ) cannot have a seat until the BOARDING -HOUSE. The keeper of
next vacancy. Taswell-Langmead , 668. I such a house is bound to take ordinary care
See titles ARCHBISHOP ; ECCLESIAST of the goods of his guest therein, and will be
CAL COURTS . liable for negligence occasioning loss ( Dan
cey v. Richardson, 2 El. & Bl . 141) ; but his
BISHOPS , CASE OF THE SEVEN . A liability is not so extensive as that ofan inn
celebrated trial in the reign of Jac. II. keeper (Holden v. Soulby, 8 W. R 438 ). A
( 1688 ) of Archbishop Sancroft and six contract for board and lodging is not a con
bishops, which arose out of the accused tract regarding land within the meaning of
petitioning the king against an order of his the Statute of Frauds (Wright v. Stavart ,
directing to be read in all the churches a 8 W. R. 413).
certain declaration of indulgence - pre BOARD OF HEALTH . Under the stats.
viously declared illegal in parliament. 11 & 12 Vict. c. 63 ( Public Health Act,
The action resulted in theacquittal of the 1848) , 21 & 22 Vict. c. 98 ( Local Govern
bishops, and established the right of the ment Act, 1858), and other Acts amending
subject to petition , and the right of the jury
BOARD OF HEALTH - continued . BONA NOTABILIA - continued .
same, local boards are constituted for the while on a journey, what he had about him
better securing the public health , and who of the value of £ 5 was not bona notabilia
for that purpose exerciso certain powers ( Book of Canons, 1 Jac. Can . 92, 93 ; Cun
as to sewers, drains, buildings, slaughter ningham ). But now , under the Court of
houses, &c. Probate Act, 1857 ( 20 & 21 Vict c. 77), ss.
BOARD OF TRADE. One of the admi 3-4 , the distinction of goods as bona nota
nistrative departments of the Government, bilia has been abolished ( 1 Wms. Exors.
constituted by the Acts 22 Geo. 3, c. 82, 279-280 , 6th ed . ) .
and 24 & 25 Vict. cc . 45 & 47, and possess BONA VACANTIA . Goods in which no
ing under various statutes a very general one claims a property but the king; such as
jurisdiction and superintendence over rail royal fish, shipwrecks, treasure trove, waifs,
ways, merchant shipping and seamen , har strays, & c. Where a person dies possessed
bours, fisheries, &c. of personal property , intestate, and leaving
BOARD OF WORKS. The name of a no next of kin , the Crown becomes entitled
board of officers appointed for the better (upon oflice found ) to all such property.
This title of the Crown is in virtue of its
local management of the metropolis, and
constituted and authorized under the stat. prerogative, and in this respect differs
18 & 19 Vict. c. 120, and very numerous from the title of the Crown to land by
oscheat. See Middleton v. Spicer, Bro .
subsequent Acts. They have the care and C. C. 201 ; Burgess v. Wheate, 1 Eden, 177.
management of all grounds and gardens
dedicated to the use of the inhabitants in BOND. Is a contract by specialty to pay
a
the metropolis ; also, the superintendence a certain sum of money . It is either single,
of the drainage ; also , the regulation of the i.e., simple, in which case the money is ab
street traffic, and generally of the buildings solutely to be paid ; or double, if, condi
of the metropolis . tional, in which case the money is only
BOCKLAND (Sax . for bookland ). An conditionally payable, and ceases to be pay
inheritance or possession held by the evi able or becomesabsolutely payable accord
dence of written instruments. It was one ing to the event which is expressed in the
condition . If the condition is entire and
of the titles by which the Saxons held
their lands, and, being always in writing , unlawful, the bond is void ( Collins v. Blan
tern, 1 Sm . L. C. 325 ) ; but if the condition
was hence called bockland, which significs is severable, and part of it is good , the
deed land or charter land. It was the same
as allodium , being descendible according to bond is valid to that extent ( Yale v. Rex
the common course of nature and nations, ( in error ), 6 Bro. C. P. 61 ). In the case of
and devisable by will . It was opposed to alternative conditions, if one becomes im
the common land called folcland . possible, the other, as a general rule, bc
comes absolute ( Da Costa v. Davis, 1 B. &
BONA FIDE POSSESSIO.-In Roman P. 242 ). The chief varieties of bonds are
Law, was that possession which was ac the following :-Bonds of Indemnity, Post
quired bonâ fide by one claiming to be or Obit Bonds, Voluntary Bonds, Administra
to become the owner of the property. It tion Bonds, Bail Bunds, Bottomry Bonds,
was therefore always a possessio civilis as Debentures, Guaranties, Replevin Bonds,
opposed to a possessio naturulis. Upon this Bonds in Restraint of Trade, Resignation
possessio as its basis usucapio might be Bonds, and Lloyd's Bonds, all of which
built up, and in that way when thousucapio will be found explained under the appro
was completed, the bona fide possessio priate titles.
became transmuted into dominium . See also title OBLIGATION.
See titles DOMINIUM ; USUCAPIO . BONI JUDICIS EST AMPLIARE JURIS
BONA FIDES. Is the opposite of mala DICTIONEM . It is the part of a good judge
fides, and denotes good faith as opposed to find grounds for assuming and extend
to bad faith or fraud. It is one of the ing his jurisdiction, so as to punish wrong :
chief essentials in the case of every plain
tiff coming to the equity jurisdiction . BONORUM POSSESSIO.—In Roman Law ,
was that possession which the praetor con
See titles NOTICE; PURCHASERS FOR ferred by virtue of his edict. It sometimes
VALUE ; TACKING ; TRUSTS. went along with the Haereditas, that is to
BONA NOTABILIA. Such goods amount say, in all those cases in which the praetor
ing at the least to £5, as a party dying had agreed with the civil law, and that either
in another diocese than that wherein he under a will or under an intestacy. At
died ; his will had to be proved before the other times, it went to some person or
archbishop of that province as well, If, persons different from the person or per
however, a person happened to die in sons to whom the civil law carried the
another diocese than that wherein he lived, llaereditas,-the practor (even contrary to
BONORUM POSSESSIO - continued . BOROUGH RATES — continued.
the will) giving the bonorum possessio as for the purposes of the borough, such as
nearly as might be to the persons who the payment of constables, &c., officers of
would have been entitled thereto if the the borough, the construction and main
deceased testator had died intestate, viz., tenance of the borough gaol and other
( 1. ) to the sui haeredes (and those who buildings of the borough , and such like
were ranked with them by Praetorian things, and when the borough has a re
equity or Imperial legislation ) ; (2.) to corder , the payment of the costs of prose
the agnati (and those who were ranked cutions at the assizes.
with them by Imperial legislation ); (3.) See titles COUNTY RATES ; CORPORA
to the cognati. If the bonorum possessor TIONS, MUNICIPAL ; Rating.
could not be deprived by the owner at BORROWING POWERS. Public com
civil law (i.e. , Haeres) he had the bonorum
possessio cum re ; but if he might be de panies and joint stock companies may have
prived , he had only tho bonorum possessio powers to borrow money , the former class
sine re. of companies under their special Act, the
BONUS. Is a sum of money in the latter
123). by special
Under theresolution
Companies(3 De Gex &Con
Clauses Jo.
nature of profit) accruing on , e.g., a policy solidation Act , 1845 (8 & 9 Vict. c. 16 ),
of life assurance, and being usually in re being the general Act and which is usually
spect of some determinate period of years. incorporated with the special Act, the
Sometimes a bonus is added to and forms public company may borrow on mortgage
part of the principal trust fund ; but where or bond (i.e. on debentures) such sum or
it would be dealt with as income, it is
sums as may be sanctioned by a general
apportionable under the Apportionment meeting of the company, always keeping
Act, 1870 (33 & 34 Vict. c . 35 ), Weekly within the provisions of the special Act ;
Notes, 1879, p. 144 ( Carr v . Griffith ). and for securing the repayment of such
See title APPORTION MENT. borrowed moneys, the company may mort
BOOK OF COMMON PRAYER . Contains gage the undertaking of the company, and
the order of divine worship as settled by the future calls (s. 38) ; and the company
a committee of divines appointed for the may also re -borrow (s. 39 ). Under the
purpose, and which (and no other ) was Companies Clauses Act, 1863 ( 26 & 27
directed to be used in all the churches c. 118), the company may create debenture
( 2 & 3 Edw . 6. c. 1 ). The Act of Unifor- stock (s. 22) ; and to that extent it extin
mity, 1662 ( 13 & 14 Car. 2,c. 4) re-enacting guishes its borrowing or re -borrowing
the Uniformity Act ( 1 Eliz. c. 2) further powers (s. 34 ).
secured the exclusive use of this book in
the churches. BOTTOMRY. Is in the nature of a
mortgage of a ship , when the master takes
BOROUGH . See titles ELECTORAL FRAN
CHISE ; REPRESENTATION IN PARLIAMENT.
up
on money upon itandto pledges
his voyage, enable him
the tokeel
carry
or
BOROUGH ENGLISH . The custom bottom of the ship (partem pro toto ), as it
which prevails in certain ancientboroughs security for the repayment thereof. In
and copyhold manors, of lands descending which case it is understood , that if the
to the youngest son instead of to the ship be lost, the lender loses also his wholo
eldest. The reason of this custom stems money ; but if it return in safety, then ho
to be, that in these boroughs , cople chietly shall receive back his principal, and also
maintain and support themselves by trade the premium or interest agreed upon, how
and industry ; and the elder children, being ever it may exceed what was once the legal
provided for out of their father's goods,and rate of interest. And this is allowed to
introduced into his trade in his lifetime, be a valid contract in all trading nations,
were able to subsist of themselves without for the benefit of commerce, and by reason
any land provision, and therefore the of the extraordinary hazard run by the
land descended to the youngest son , he lender; and in this case, the ship and
being in most danger of being left desti tackle, if brought home, are answerable
tute. It is called borough English, be (as well as the person of the borrower) for
cause, as some hold , it first prevailed in money lent. Kay on Shipmasters and
England. Unlike Gavelkind, the mole of Seamen , pp. 508-515.
descent in borough English is confined to See also titles CARGO ; HYPOTHECA
lineal descendants, and does not extend to TION ; RESPONDENTIA .
collaterals. BOUGHT AND SOLD NOTES . These
See titles GAVELKIND ; TENURES. are the notes which a broker of stock or
BOROUGH RATES. Are rates made and goods sends respectively to the vendor and
levied under the authority of the Municipal purchaser for whom he has been engaged
Corporations Act, 1835 (5 & 6 Will. 4, c. 76), in the particular sale. They furnish the
72 A NEW LAW DICTION .
ARY
BOUGHT AND SOLD NOTES — contd . BOURSE DE COMMERCE . In French
evidence of the contract, and , if they agree, Law , is an aggregation sanctioned by Go
bind the principals, the broker having vernment of merchants, captains of vessels ,
authority to sign for both (Fisenden v. exchange -agents, and officials, the two
Lery, 3 F. & F. 477 ). In case of a discre- latter being nominated by the Government
pancy in the terms of the two notes, there in each city which has a bourse.
is a want of that assensus ad idem which is
BOVILL'S ACT. Is the statute 28 & 29
necessary to a binding contract
See title CONTRACTS. Vict. c. 86 , whereby it was enacted that a 1
person should not be liable as a partner
BOUNDARIES. The boundaries of merely from his or her participating in the
boroughs partnership profits, in the four following
stats. 2 & 3areWill.
at present regulated
4, c. 64, and by the
6 & 7 Will . 4, cases, viz . :--
c. 103. Upon a question of boundaries, evi (1.) A manager receiving his salary out
dence of reputation, although in the nature of profits ;
of hearsay , is receivable, but not to prove (2.) A widow or child of any deceased
the boundaries between two private estates. partner receiving a share of profits
See titles FENCES AND DITCHES : by way of annuity in respect of
HEARSAY EVIDENCE. her late husband's share in the
partnership ;
BOUNDARIES, CONFUSION OF. Where (3. ) A lender of money receiving (per
a tenant holds lands as a lessee or copyhold agreement in writing) a share of
tenant and also lands of his own, either in profits in lieu of interest ; and
feudal freehold tenure or in ancient freehold (4.) A vendor of goodwill receiving his
tenure, it is his duty to keep the boundaries purchase -money by instalments.
between them distinguished during all the See title PARTNERSHIP .
period of his holding ; and if he fail in that BRAWLING . Under the 27 Geo. 3, c.
duty , the landlord may even before the 44, any suit for this offence was to be
expiration of the term (Spike v. Harding, 7 brought in the Ecclesiastical Court within
Ch. Div. 871 ) and the lord of the copybolds eight months ; but under the stat. 23 & 24
may at any time commence an action
against him for the ascertainment of the Vict. c. 32, the Ecclesiastical Courts were
boundaries which have been confused (Lord deprived of all their jurisdiction in the
Abergavenny v . Thomas, 3 Anst. 668, note matter in the case of lay persons, and the
( a ) ; Attorney -General v. Fullerton , 2 Ves. justices of the peace were invested with
authority to punish the offence as a misde 1
& B. 263 ; Scriv. on Copyholds, 387-388) . meanour. 1
!
BOUNDS, WORKING OUT OF . An BREACH OF CONTRACT. See title
action in the nature of an action of trespass CONTRACTS . .
lies by a mineral owner against an adjoin BREACH OF COVENANT. See title 1
ing mineral owner for the latter's working COVENANTS.

beyond his own proper bounds ; and the
Court will also readily grant an inspec- BREACH OF PRIVILEGE. A breach
tion of these workings for the purpose of of privilege is a contempt of the High
ascertaining the fact or the extent or both Court of Parliament, whether relating to
the fact and the extent of such workings; the House of Lords or to the House of
and the plaintiff will recover damages for Commons. Both branches of the Legis
the amotint of mineral abstracted by the leture act on the same grounds, both
trespass. Such damages when the wrong- declare what are and what are not breaches
ful workings are dishonest, i.e., have been of their privileges, when the question is
made with knowledge of the trespass, raised, and both punish, by commitment
amount to the full value of the minerals or otherwise, as the Courts of Law and
abstracted without deducting the cost of Equity do for contempt of Court. Re
working them (Martin v. Porter, 5 M. & W. sistance to the officers of the Houses of
351 ) ; but when the trespass bas resulted Parliament has, in almost all cases, been
from a simple and bonâ fide mistake, the treated as a breach of the privileges of
cost of working will be allowed ( Powell v . Parliament. The presence of strangers is
Aiken, 4 Kay & John. 343) ; and where the a breach of privilege, though permitted on
mistake arises from a difficulty of title, the sufferance ; and, formerly , to take a note
Court will allow (in addition ) the cost of of any of the proceedings was a high act
bringing the mineral to bank ( Ashton v. of contempt, although now the represen
Stock, 6 Ch . Div. 619). Every working tatives of the press are not only allowed to
out of bounds involves also a trespass to the be present for that purpose, but have a
neighbour's barriers, for which an injunction gallery to themselves in each House, and
may be obtained. every accommodation is afforded them .
Sec title BARRIERS, TRESPASS TO . See title PRIVILEGE OF PARLIAMENT.
BREACH OF PROMISE OF MARRIAGE. BROKERS - continued .

Under the stat. 14 & 15 Vict. c. 99, render- chased by him , in addition to his com
ing the parties to a civil action competent to mission (Procter v. Brain , 2 M. & P. 284).
give evidence, the parties to a breach of A broker (unlike a banker ) is in a fiduciary
promise case were expressly left to remain relation to his customer (Ex parte Cooke, in
incompetent; but under the stat. 32 & 33 re Strachan, 4 Ch . Div. 123 ).
Vict. c. 68, that incompetency has been See titles FACTOR ; JOBBER.
removed , but corroborative evidence is
BROTHEL . The statutes for the repres
required. sion or regulation of houses of this charac
It is a defence to an action of this sort,
that the defendant has since his promise ter are 25 Geo. 2, c. 36, 28 Geo , 3, c. 19,
discovered the plaintiff to be unchaste and 58 Geo. 3, c. 70. Any inhabitant of
( Irving v. Greenwood, 1 C. & P. 350), or to the parish may give information thereof
have had a bastard by some one ( Young v. to the parish constable, and the overseers
Murphy, 3 Bing. N. C. 54 ), although ten or of the parish are to pay to the informant
more years ago. upon conviction a reward of £ 10.
BREACH OF TRUST. Is any misappro
BUGGERY : See title Sonomy.
priation of the trust-fund by a trustee, or BUILDER'S RENT. The rent (usually
any deviation from his duties whereby
damage is sustained by the trust. For
small) which is reserved in a building lease
in consideration that the lessee shall erect
breach of an express trust, time is no bar houses on the land , is so called .
to the action (36 & 37 Vict. c. 66 ) ; but for See title GROUND RENT.
breach of a merely constructive trust, time
is a bar (Knox v. Gye, L. R. 5 H. L. 656). BUILDING SOCIETIES. A benefit build
See title TRUSTS. ing society is constituted upon its adoption
of the rules prescribed by the stats. 6 & 7
BREACHES. Respects or particulars in Will . 4, c. 32, and 12 & 13 Vict. c. 106, and
which any contract is broken are so called. which rules must be certified . It is within
See title ASSIGNMENT OF BREACHES, the jurisdiction of the Court of Chancery
under the Companies Act , 1862, as to
BRIBERY . The crime of offering any winding up ( In re Midland Counties Bene
undue reward or remuneration to any public fit Building Society, 13 W.R. 399) ; but
officer of the Crown, or other person en- not within the provisions of the Acts re
trusted with a public duty, with a view to gulating friendly societies or industrial
influence his behaviour in the discharge and provident societies (25 & 26 Vict. c.
of that duty. The taking such reward is 87 ). A building society may now obtain a
as much bribery as the offering it. Bribery certificate of incorporation under the Build
at elections vitiates the same (31 & 32 Vict. ing Societies Act, 1874 (37 & 38 Vict. c. 42),
c. 125, Parliamentary Elections Act, 1868). and be thereafter regulated thereby ;3 and
The earliest extant instance of bribery at all future building societies are now regu
elections is in the year 1571, Borough of lated by that Act .
Westbury, Long's Case. The bribe was
ordered to be refunded , and in addition a BURDEN OF PROOF . This rests on the
fine was imposed on the borough, but the party who affirms, -ei incumbit probatio
member appears to have retained his seat. qui dicit ; therefore, on the plaintiff in
Taswell-Langmead, 455–6. general, and only on the defendant so far
as he alleges any new fact in his defence
BROKERS. These are agents of various or other pleading.
kinds, but principally agents on the Stock See title ONUS PROBANDI .
Exchange. By the stat. 6 Anne, c. 16, a
broker on the Stock Exchange is required BURGAGE TENURE. Tenure in bur
to be admitted by the Court of the Lord gage is described by Glanvil, and is ex
Mayor and Aldermen , and to pay 408. pressly laid down by Littleton, to be but
yearly for the use of the City, under a tenure in socage ; and it is where the king
penalty of £ 25, increased by the stat. or other person is lord of an ancient
57 Geo. 3, c . lx. ( local and personal) to borough in which the tenements are held
£ 100 . But under the stat. 33 & 34 Vict. by a rent certain . It is, indeed, only a
c. 60 ( London Brokers Relief Act, 1870), kind of town socage, by which other lands
the jurisdiction of the Court of Aldermen are holden , and is usually of a rural
over brokers has been made to cease , nature. A borough is usually distinguished
saying existing rights ;; and brokers guilty from other towns by the right of sending
of a fraud are disqualified from acting as members to Parliament; and where the
brokers. It is the duty of a broker of the right of election is by burgage tenure , that
City of London to charge his principal alone is a proof of the antiquity of the
only with the cost price of articles pur- borough. It is, therefore, a tenure proper
BURGAGE TENURE — continued .

C.
to boroughs, whereby the inhabitants, by
ancient custom , hold their lands or tene CAB : See title HACKNEY CARRIAGES.
ments of the king or other lord of the
borough at a certain yearly rent. 3 Bl. 82. CABAL MINISTRY. The cabinet of
See titles FEUDAL SYSTEM ; TENURE. 1671 was so called , the term in itself im
BURGLARY. A criminal offence wbich porting abuse of the ministry; the minis
consists in entering a dwelling -house with ters were Clifford, Ashley, Buckingham ,
Arlington , and Lauderdale - it being ob
intent to commit any felony therein , or served that the initials of their names
being in such dwelling -house committing make up the word CABAL . The alleged
any felony therein, and in either case fault of this cabinet was that it was uncon
breaking out of the same dwelling -house, trolled by the Privy Council ; the like
in the night, i.e. , between the hours of
9 P.M. and 6 A.M. (24 & 25 Vict. c. 96 , fault would now be imputuble to a cabinet
88. 1 , 51 ). The punishment is penal servi not controlled by Parliament.
tude for life, or for any term not less than CABINET COUNCIL : See title CABINET
five years, or imprisonment with or with MINISTRY.
out hard labour, or with or without solitary CABINET MINISTRY. Owing to the
confinement, for any term not exceeding alleged inconveniences of long debates in
two year
the Privy Council before great affairs were
BURIALS. Burial in the parish church resolved upon, Charles II, formed a small
yard is a Common Law right inherent in select committee of that council for his
the parishioners, only the mode of burial guidance in such affairs ; and this select
being of ecclesiastical cognisance ; and committee is the modern Cabinet in its
under the stat. 4 Geo . 4, c. 52, the remains first distinctive phase, although in fact
of persons against whom a finding of felo analogous committees had long previously
de se is had, are to be privately interred in existed for variouspurposes . (See title
the churchyard of the parish , but no Chris PRIVY COUNCIL .) The first cabinet was
tian rites of burial are to be performed the Cabal Ministry. ( See title CABAL
over them . All burials require to be re MINISTRY. ) In 1679, Temple carried out
gistered, 27 & 28 Vict. c . 97, extending a scheme for the restoration of the Privy
the Act 6 & 7 Will. 4 , c. 86. Under the Council ( reduced in numbers) to its former
stat. 20 & 21 Vict. c . 81 , provision is made position of guide and controller of the
for the constitution of a burial board in king's executive; but the success of the
every parish ; and where two parishes, scheme was very short-lived. Charles II.
cach maintaining its own poor, are united shortly afterwards resorted anew to a
together for ecclesiastical purposes, a burial cabinet of ministers within the Privy
board for the whole district appointed by Council; and cabinet government, at first
the vote of the vestry, or meeting in the distrusted, is now perceived to be more
nature of a vestry, is properly consti efficient than government through the
tuted ( 18 & 19 Vict. c . 128) ; and the last Privy Council, and its constitutional pro
mentioned statute forbids burials in new priety is kept in check (where necessary )
burial grounds within 100 yards of any by the control of Parliament. The modern
dwelling -house (Lord Cowley v. Byas, cabinet is in fact a committee of Parliament
5 Ch . Div. 911 ). No burial fee is due at itself , although the sovereign theoretically
Common Law , but it may be due by cus appoints it.
tom ( Andrews v. Cawthorn, Willes, 536 ), or
(as is the usual case) in virtue of particular CADUCA. Are lapsed bequests and de
statutes.
vises, either through the legatee or devisce
See titles BIRTII ; REGISTRATION OF refusing to take or dying in the lifetime of
BIRTHS , &c. the testator, or through the legatee or
devisee labouring under either a partial or
BUSHELL'S CASE : See title JURORS , a total incapacity under the Leges Julia et
IMMUNITY OF. Papia to acquire the bequest or devise,
BYE - LAWS. Private laws or statutes lapses through such latter incapacity being
made for the government of any corpora more properly described as in causa cadu
tion , wbich are binding upon themselves, corum . Thus under the specified statutes,
unless contrary to the laws of the land, in unmarried persons (of a marriageable age)
which latter case they are void . By the could not acquire at all ; and married
stat. 5 & 6 Will, 4, c. 76, s. 1 , all laws, persons who were childless (orbi) could
statutes, and usages inconsistent with that acquire only one- half part. These lapses
Act are thereby annulled and repealed in went by a kind of accrual to the other
regard to municipal corporations. legatees and devisees enjoying full capacity.
See title CORPORATIONS, MUNICIPAL . See title Jus ACCRESCENDI.
CALLING THE PLAINTIFF. It was CAMPBELL'S (LORD) ACT—continued.

once usual for a plaintiff, when he or his pensatory, and nothing is recoverable as a
counsel perceived that he had not given solatium .
evidence sufficient to maintain his issue, See title Acrio PERSONALIS MORITUR
to be voluntarily nonsuited, or to withdraw CUM PERSONĀ .
himself, whereupon the crier was ordered
to call the plaintiff': and if neither he nor CANALS . Are in general the property
any body for him appeared, he was non of companies, and the shares in them are
suited, the jurors were discharged, the pure personalty (Edwards v. Hall , 6 De G.
action was at an end, and the defendant M. & G. 74 ). By the stat. 8 & 9 Vict. c.
recovered his costs . The phrase was 42, canal companies were enabled to be
synonymous with nonsuiting the plaintiff. come carriers on their canals, or to lease
the same, or to take leases of other canals ;
and by the subsequent Act, 17 & 18 Vict.
CALLS. Are the payments (or demands c. 31 , the traffic and tolls over canals were
therefor ) of the amounts unpaid on the regulated . It seems that, subject to the
shares of companies, or of any part or parts payment of tolls and the rules as to traffic,
of such amounts. They are recoverable as the public have a right of using the canal
a debt due from the shareholder or member ( Case v. Midland ly. Co. 5 Jur. ( N.S.)
of the company to the company, the Com 1017 ) ; and that a canal company cannot
panies Act, 1862, s. 16, so enacting ; but at grant an exclusive right to let boats for
Common Law there was a difficulty in hire over their water, so as to give the
recovering calls as debts, at least from grantee a right to sue a third party for the
transferees of the shares, by reason of the infringement of his right (Ilill v. Tupper,
want of privity. Calls are specialtics. 9 Jur. ( N.S. ) 725 ).
See ' titles CONTRIBUTORIES ; JOINT See title CARRIERS.
STOCK COMPANIES ; LIMITED LIA CANCELLATION OF DEEDS, &c. This
BILITY .
means the rescission of any contract or
CALVIN'S CASE. Is the caso of Calvin instrument, whether negotiable or not.
v. Smith (7 Rep. 1 ) decided in 6 James 1 , There can be no cancellation of course
and settling that persons born in Scotland without the intention of doing so (De Ber
after the accession of James I. to the nardy v. llarding, 8 Exch . 822). Bonds
throne of England are natural born sub and deeds are cancelled by tearing off the
jects for all purposes of descent, inherit seals ; but this cancellation does not extend
ance , & c . to divesting any estate or interest which
See title ALLEGIANCE . has already vested under the deed ( Ward
v. Lumley, 29 L. J. ( Ex ) 322).
CAMERÂ, HEARING IN : See title CANCELLATION IN EQUITY. Where
HEARING IN CAMERÂ .
an instrument has been obtained through
CAMPBELL'S (LORD) ACT . Under this fraud ( either actual or constructive), the
Act ( 9 & 10 Vict. c. 93 ), and the Act High Court of Justice, Chancery Division,
amending same (27 & 28 Vict. c. 95 ), pro will decree it to be set aside and cancelled ,
vision is made for compensating the fami -in all cases where the fraud docs not
lics of persons killed by accident. For appear on the face of the instrument, and,
the purposes of these Acts, the death must semble, even where it does so appear
have resulted from the act, neglect, or de (Snell's Principles of Equity, 5th ed.,611
fault of the defendant or his servants, such 616 ).
act, neglect, or default being of a kind See titles FRAUD ; VOID OR VOIDABLE.
which , if death had not ensued, would at CANCELLATION OF WILL : See titlo
Common Law have entitled the injured Wills.
person to recover damages in respect thereof.
The action is for the benefit of the wife, CANON LAW. Is a body of Roman
husband , parent, or child of the deceased Ecclesiastical Law compiled from the
person , and may be instituted by his or her opinions of the ancient Latin fathers, the
executor or administrator; but in case the decrees of general councils, and the de
executor or administrator does not, within cretal epistles and bulls of the Holy Sco.
six months of the death, institute the neces It was first digested in 1151 by Gratian
sary action, then any of the persons bene into the Decretum Gratiani, or Concordia
ficially interested, whether legally, or even Discordantium Canonum ; subsequently
morally only, in the result of the action, added to and continued by, or at the re
may institute the same. Under the 31 & quest of, Gregory IX . in 1230, in the De
32 Vict. c. 119, s. 5, the Board of Trade cretalia Gregorii Noni; subsequently still
may appoint an arbitrator in the matter. further added to by Boniface VIII. , in 1298,
The damages recoverable are strictly com in the Sextus Decretalium ; afterwards by
CANON LAW - continued . CAPACITY, LEGAL- continued .
Clement V. , in 1317 , in the Clementine Con her separate estate) has no contractual
stitutions ; and completed by John XXII. capacity, excepting as agent for her hus
in the Extravagantes, i.e., Riders. In band, or generally as an agent.
addition to the Canon Law properly so CAPIAS AD AUDIENDUM JUDICIUM .
called , there exists also a large compilation
of Legatine and Provincial Constitutions, In case a defendant be found guilty of a
which are roug considered as forming misdemeanor (the trial of which may
part of the Canon Law. lappen in his absence ), a writ so called ( if
Upon the Reformation of Religion in necessary) is awarded and issued to bring
England in the reign of Henry VIII., the him up to receive judgment.
authority of the Pope having been de CAPIAS AD SATISFACIENDUM . A
stroyed , all those canons which derived writ of execution (commonly called a Ca.
their force from that authority, of necessity Sa.) which a plaintiff takes out after having
ceased to have any force or efficacy ; but recovered judgment against the defendant;
by the stat. 25 Henry 8, c. 19, which it is directed to the sheriff, and commands
was afterwards confirmed by the stat. 1 him to take the defendant and safely keep
Eliz. c. 1 , such of the then existing canons him , in order that he may have his boily
as were not repugnant to law or morality, at Westminster on a day mentioned in the
or to the king's prerogative, were to con writ to make the plaintiff satisfaction for
tinue in force until new canons were de his demand. The writ is now issuable in
vised ; and in effect no new canons (in a very limited class of cases, viz., where
lieu of these old canous ) have ever been imprisonment for debt or final judgment
made. is still permitted . This writ is to be dis
Upon the construction of this statute it tinguished from the writ of Attachment.
was decided in Cawdry's Case (5 Rep. 1 , See titles ATTACHMENT ; IMPRISONMENT
33 Eliz .), that not only the clergy but also FOR DEBT.
the laity were bound by the then existing CAPIAS IN WITHERNAM . A writ
canons ; and in Middleton v. Croft ( 2 Atk. which lay where a distress taken was
669), that the Canons of 1603 (and gene driven out of the county , so that the sheriff
rally all canons subsequently made), never could not make deliverance in replevin ,
having been confirmed in Parliament, do commanding the sheriff to take as many
not proprio vigore biud the laity, but the beasts of the distrainer, &c.
clergy only. (See also Exeter, Bp. v. See titles ELOIGNMENT; REPLEVIN ;
Marshall, L. R. 3 H. L. 17.) RETORNO HABENDO, WRIT OF.
The accepted English version of the
Canon Law is Lyndwode's Domestic Eccle CAPIAS UTLAGATUM : See title OUT
LAWRY .
siastical Law ( Martin v. Mackonochie, L.
R. 2 Adm. & Eccl. 116, 153 ; Brice's Public CAPIAS, WRIT OF. Under the stat.
Worship ). 1 & 2 Vict. c. 110, the writ of capias might
CANONS OF DESCENT : See title DE have issued after cominencement of an
SCENTS . action (although not as a means of com
CAPACITY, LEGAL. Idiots and luna mencing it), by leave of the judge, in cases
where the cause of action amounted to £20,
tics, even although not so found , are wholly and the defendant was threatening to quit
devoid of legalcapacity, and their contracts England ; and under the Debtors Act, 1869,
are therefore void and not voidable merely. the £ 20 has been raised to £50 .
A person labouring under one or more de See titles ABSCONDING DEBTOR ; AR
lusions is not, however, a lunatic under this REST ; EXECUTION .
rule, and may be able to make a will. An
infant's contracts prior to the Infants' Relief CAPITA , DISTRIBUTION PER. In the
Act, 1874, were usually voidable only, but distribution of the personal estate of a per
are now void , if for non -necessaries, and son dying intestate, the claimants, or the
this is so, semble, without reference to the persons who, by law , are entitled to such
infant's benefit ; secus, as regards lease personal estate, are said to take per capita
holds or shares coming to the infant and when they claim in their own rights as in
carrying liability with them , as to which equal degree of kindred, in contradistinc
the infant may elect when he is of age. tion to claiming by right of representation ,
Under seven years of age, an infantis or perstirpes, as it is termed . As if the
wholly without criminal capacity ; between next of kin be the intestate's three brothers,
seven and fourteen years of age, his cri A., B., and C., here his effects are divided
minal capacity may be proved according to into three equal portions and distributed
the maxim , malitia supplet aetatem , ex per capita , oue to each ; but if A. (one of
cepting when the allegod offence is rape. these brothers) had been dead and had left
A married woman (excepting as regards three children , and B. (another of these
CAPITA, DISTRIBUTION PER—contd. CAPITAL OR INCOME - continued .

brothers) had been dead and had left two ; have accordingly held, that where the tes
then the distribution would have been by tator has intended the tenant for life to
representation , or per stirpes, as it is termed , have the actual income until conversion of
and one-third of the property would have his estate , then he takes the whole of
gone to A.'s three children , another third such income as income properly so called ;
to B.'s two children, and the remaining also, that in the absence ofsuch expressed
third to C., the surviving brother. intention, the tenant for life is not entitled
See title STIRPES. to the actual income (arising from invest
CAPITA TRIA : See title CAPITIS DE ments other than those authorized by the
will), but only as from the testator's death
MINUTIO . to such income as would have arisen on £3
CAPITAL. The punishment of death is per cent. Consolidated Bank Annuities
frequently termed capitalpunishment; and purchased with the capital as estimated
those offences are called capital offences for at one year after the testator's death ; or,
which death is the penalty allotted by law. in the case of capital coming in by instal
The use of the term may probably have ments and bearing 5 per cent. interest,
arisen from the decapitation , which in then to 4 per cent. interest from the death
former times was a common mode of exe of the testator on the value as taken one
cuting the sentence of death , and which is year after his death ; also, that where there
prescribed in some of the statutes against is a direction to accumulate the actual in
traitors even now remaining in force. The come during such year, the tenant for life
extreme sentence of the law , however, has takes no part of such income, but the accu
for many years been carried into effect mulations constitute capital (Lewin on
against all offenders by hanging them by Trusts, 5th ed. pp. 216–249).
the neck . The offences which are still CAPITIS DEMINUTIO . In Roman Law
capital offences have, by the humane spirit there were three capita (called the Tria
of modern legislation , been recently much Capita ), viz., libertas, civitas, and familia ,
diminished , and latterly only included high these three constituting full civil capacity.
treason, murder, rape, and unnatural of In case a Roman lost his familia (e.g. , upon
fences, setting fire to any king's ship or acquiring another) he suffered a minima
stores, the causing injury to life with intent capitis deminutio : in case he lost his civilas
to commit murder, burglary accompanied (e.g. , upon a relegatio ) he suffored a minor
with an attempt at murder, robbery accom or media capitis deminutio ; in case he lost
panied with stabbing or wounding , setting his libertas (and with it of course his civitas
fire to a dwelling -house any person being and familia also ), he suffered a maxima
therein , setting fire to or otherwise destroy capitis deminutio ( e.g., upon being made a
ing ships with intentto murder any person, slave either by the civil law or by the jus
exhibiting false lights with intent to bring gentium ).
ships into danger , piracy accompanied by
stabbing, and riotous destruction of build CAPTION . This word has several sig
ings. But at the present day, the only nifications. When used with reference to
capital offences punishable with death are an indictment, it signifies the style or
treason and murder, all other offences for preamble or commencement of the indict
merly capital being now punishable with ment; when used with reference to a com
penal servitude for life or years, or some mission, it signifies the certificate to which
term of imprisonment. the commissioners' names are subscribed,
declaring when and where it was executed .
CAPITAL OR INCOME. Where resi
The act of arresting a man is also termed a
duary estate is given to one for life with caption.
remainder to another or others, it becomes
necessary to ascertain what is income, and CAPUT AND STATUS. In Roman Law
what is corpus or capital. And again , caput was more eminent than status, there
sometimes an annuity is payable out of being only three capita (called the Tria
income, and sometimes it is payable out of Capita ), viz. civitas, libertas, and familia,
corpus or capital. And again income is to whereas the varieties of status were in
be apportioned , but capital of course is not. finite, according to the different circum
These and other similar reasons oblige the stances in which people might find them
Court to distinguish carefully between selves. Usually also the possession of the
what is capital and what is income, in tria capita was a preliminary and condition
actions for the administration of estates precedent to the possession of status ; but,
and in actions for the execution of the this was not an invariable (although a
trusts of a deed. The distinction is one general) rule ; because we find that a slave
which depends upon circumstances and had status for some purposes at all events,
common sense in all cases ; and the Courts i.e., as being liable to legal duties (and so
CAPUT AND STATUS - continued . CARGO — continued .

amenable to the criminal law ), and also as master has received such last-mentioned
enjoying certain civil rights, e.g., a right to notice , his duty is to refuse delivery to
protection , &c. any one but the consignor, the latter pay
See title STATUS . ing freight. Both the consignor and the
CAPUT BARONIÆ . The castle or chief master are (severally ) liable for a wrongful
seat of a nobleman , which , if there be no stoppage in transitu ; hence the master
son , must not be divided amongst the should in a proper case interpleid.
daughters as in the case of lands, but de See title INTERPLEADER .
scends to the eldest daughter. Cowel. CARGO, ABANDONMENT OF : See title
CARE AND DILIGENCE . The amount ABANDONMENT OF CARGO.
of care and diligence required in law of CARNALLY KNOWING : See titles AB
persons in different legal relations varies DUCTION ; BUGGERY ; Rape ; SODOMY.
from the lowest to the highest degree ; and CARRIER . A common carrier is one
the liability of such persons for damages
arising from their negligence is inversely who undertakes to transport from place to
proportionate to the degree of care and place for hire the goods of such persons as
diligence that is legally required of them . think fit to employ him ( Palmer v. Grand
Junction Ry. Co. , 4 M. & W. 749). Such
Trustees are required to discharge their is a proprietor of waggons, barges, lighters ,
duties with the extremest diligence, so merchant ships, or other instruments for
much so that nothing but strict compliance the public conveyance of goods ( 1 Smith's
therewith will protect them ; and they are L. C. in notes to Coggs v. Bernard , 101).
required to exercise such matters as are A person who conveys passengers only is
left to their discretion with as much care not a common carrier (Aston v. Beaven , 2
and diligence as they apply in their own Esp. 533 ; Christie v. Griggs ,2 Camp. 79 ).
businesses. But with the exception of The liability of carriers is limited by 11
trustees, voluntary and gratuitous agents Geo. 4 & 1 Will. 4 , c. 68, to 101., provided
are required to shew a less degree of dili they have put up notices as required by
gence , the depositary least of all ; and, on the Act, and such notices have come to the
the other hand, paid agents are required to knowledge of their customer ( kerr v.
shew the utmost diligence, and persons Willan , 6 M. & S. 150 ). Railway and canal
incidentally interested (like pledgees) a companies are common carriers, but their
medium degree of diligence. contracts of carriage are required by statute
CARGO. Goods shipped for carriage. to contain no conditions but what are
The master of the vessel is the agent of reasonable ( 17 & 18 Vict. c . 31). Excepting
the shipowner for the purpose of conveying as otherwise expressed in the special con
the cargo safely to its port of destination, tract, or as protected by statute, a carrier
and so earning freight ; but he is the agent is liable as an insurer of the goods carried ,
of the owner of the cargo, where the latter i.e. , for their absolute safe delivery.
cannot practically be communicated with, See also title BAILMENT,
for the purpose of taking care of goods, CARRYING COSTS. A verdict is said to
checking their deterioration, and generally carry costs when the party for whom the
doing (under circumstances of danger to verdict is given becomes entitled to the
the goods ) whatever their owner would payment of his costs as incident to such
prudently do (Kay's Shipmasters, 256–267 ). verdict. Where the damages given by a
He may, as agent of the owner of the verdict were under forty shillings, the
cargo , hypothecate same, as a means of party obtaining such verdict was usually
preserving the cargo and furthering it to not entitled to his costs, and such a verdict
its port of destination ; and he may, as was therefore said not to carry costs ; but
agent of the shipowner, do the like when the judge might certify for costs. And
ever he would be authorized to hypothecate now under the Judicature Acts, 1873–75 ,
the ship ( See titles BOTTOM RY ; RESPON every verdict carries costs, unless the judge
DENTIA ; HYPOTHECATION ), but in the latter
case the cargo is only an indemnity, and certifies refusing the successful party his
costs ; and this rule holds good even when
the ship and freight, as being the primary only farthing damages are recovered in an
liability, are compellable to reimburse action for libel or slander (Garnett v.
the cargo any damages sustained by its
owner from the hypothecation ( Kay’s Ship Bradley, 3 App. Cas. 944 ).
masters, 561, 562 ). Upon arrival of the CARTA DE FORESTA . A charter of the
goods at their port of destination, the forest (confirmed in Parliament, Hen . 3),
carrier or master delivers same to the con by which many forests unlawfully made,
signee or to his order, being first paid or at least precincts added by unlawful
freight, and not having sooner received encroachments, were disafforested, 3 Hal
notice of stoppage in transitu ; in case the lam's Mid . Ag. 222 ; Recves, 254.
CA. SA.: See title Capias AD SATISFA- ! CASU CONSIMILI - continued .

CIENDUM .
having by common consent framed it after
CASE. Is the name of an action , which the likeness of a writ termed cusu proriso,
in pursuanca of the authority given them
used toform
priate lie failing
of action. Thus, more
any other appro
for assau lts by the stat. 13 Edw . 1 , and which also
or trespasses to the person , case would empowered them generally to frame new
always lie when trespass would not ; and forms of writs (as much like the former as
ation, possible ) whenever any new case aroso
again
was the injuriesremedy.
for proper to the reput
Similar ly, case
for resembling a previous one, yet not adapted
injuries to property, ( 1.) If the property to any of the writs then in existence. Les
was real, and neither ejectment nor trespass Termes de la Ley.
quare clausum fregit would lie, case lay; CASUAL EJECTOR . The nominal de
and ( 2.) If the property was personal, and fendant, Richard Roe, in an action of
neither trover nor trespass de bonis aspor ejectment was so called, because by a legal
tatis would lie, case lay. And under the fiction he was supposed casually, or by ucci
new practice, case is in fact the universal dent, to come upon the land or preruises
remely , all particular species and forms of and turn out the lawful possessors.
action being now abolished, at least in See title EJECTMENT.
theory. An action in which points of law
are involved and there is little or no dis CASUAL EVIDENCE is a phrase used to
pute as to the facts, frequently resolves denote ( in contradistinction to pre -ap
itself into a special case, either by agree pointed evidence ) all such evidence as
ment of theparties or by compulsory order happens to be adduceable of a fact or
of the Court. event, but which was not prescribed by
See titles SPECIAL CASE ; TRESPASS ; statute, or otherwise arranged beforehand
TRESPASS ON THE CASE ; TROVER. to be the evidence of the fact or event.
See title PRE- APPOINTED EVIDEXCE .
CASE OF COMMENDAMS : See title
COMMENDAM , CATONIANA REGULA , in Roman Law ,
CASE OF IMPOSITIONS : See title was the rule which is commonly expressed
in the maxim , Quod ab initio non valet
Bates's Case. tractu temporis non convalebit, meaning
CASE, SPECIAL : See title Special Case . that what is at the beginning void by
CASH NOTE. Is simply a bank note of re :ison of some technical (or other ) legal
a provincial bank or of the Bank of Eng- defect will not become valid merely by
land. It is considered as cash for all pur- length of time. The rule applied to the
poses , a Bank of England note being, since institution of Haeredes , the bequest of
3 & 4 Wm . 4, c. 98, s. 6, a legal tender even legacies, and such like. The rule is not
for all sums above 5l., excepting of courso without its application also in English
at the Bauk of England itself or its branch law ; e.g. , a married woman's will ( being
void when made) is not made valid merely
banks. because slie lives to become a widow .
CASSETUR BREVE. A judgment was
so termed which commanded the plaintiff's CATTLE . Selling diseased cattle is a
writ to be quashed . An entry of a cassetur misilemeanour, if they are intended to be
breve was usually made by the plaintiff' in used for meat ; and selling diseased cattlo
an action after the defendant had plea :led a to a cattle -rearer, with knowledge of the
plea in abatement which the plaintiff was contagious character of the disease is a
unable to answer , and therefore wished his tort, for which the purchaser may recover
informal writ to be quashed in order that full damages from the vendor ( Mullet v.
he might sue out a better. ( See Tidd's Mason, L. R. 1 O. P. 559). There are also
Forms; 3 Chit. Plead. 1063, 6th ed .) This the following Acts regulating the treat
heroic remedy need not now be resorted to, ment of cattle afflicted with contagious
because pleadings in abatement are abo diseases :-29 & 30 Vict. cc. 2, 5 , 15 ; 30
lished, and the defect would now be cured & 31 Vict. cc . 35 , 125 ; 32 & 33 Vict. c. 70.
( if curable ) upon a summons at chambers CAUSÂ, EVIDENCE IN. Means evi.
to amend , dence that is relevant and pertinent to the
CASU CONSIMILI. A writ of entry issue,-not collateral , irrelevant or, extra
granted where a tenant by the curtesy or causam .
tenant for life aliened in feehtor in tail, or for
another's life. It was broug by the person CAUSAM , EVIDENCE EXTRA : See titlo
entitled to the reversion against the party CausÂ , EVIDENCE IN.
to whom
prej derint
It tena
udice .such vedhad e ned
alie
its sonam his
fromto the CAUTIO . Was a stipulatio entered into
circumstance of the clerks in Chancery by way of bond or security ( satisdatio ),
CAUTIO - continued . CENTRAL OFFICE ( SUPREME COURT).
against some possible loss, or some possible Under the Supreme Court of Judicature
failure of the party. (Officers ) Act, 1879 (42 & 43 Vict. c. 78),
See title SATISDATIO. a central office has been established in
CAUTIONE ADMITTENDÂ. A writ and with which are amalgamated the
following offices, together with their re
which lay against a bishop for holding an spective businesses, viz. :
excommunicated person in prison for his ( 1.) The Record and Writ Clerks Office ;
contempt, notwithstanding his having of (2. ) The Enrolment Office ;
ferred sufficient pledges to obey the orders (3. ) The Report Office ;
of the church for the future. Cowel. (4.) The Offices of the Masters of the
CAUTIONNEMENT. In French Law is Queen's Bench, Common Pleas,
the becoming surety in English Law . and Exchequer Divisions;
See title SURETYSHIP. (5.) The Offices of the Associates in the
CAVEAT. A process formerly used in same three Divisions ;
the Spiritual Court and now used in the (6.) The Crown Office of the Queen's
Bench Division ;
Court of Probate, to prevent or stay the (7.) The Queen's Remembrancer's
proving of a will, or the granting of ad Office ;
ministration . When a caveat is entered
against proving a will, or granting adminis (8.) The Office of the Registrar of Certi
tration , a suit usually follows to determine ficates of Acknowledgements of
either the validity of the testament, or who Deeds by Married Women ;
has a right to administer A caveat might (9.) The Office of the Registrar of
also be lodged in the Court of Chancery Judgments ; &c.
against inrolling a decree which it was in And the central office is put under the
tended to appeal to the Lords Justices, in control and superintendence of certain
asmuch as after inrolment the only appeal officers called Masters of the Supreme
was to the House of Lords ; but since the Court of Judicature, the first Masters being
Judicature Act, 1873, this inrolment is the existing Masters of the three Common
now a useless formality ( Hastie v. Hastie, Law Divisions, the existing Queen's Coro
2 Ch, Div . 304). ner and Attorney,the existing Master of
the Crown Office, the existing Record and
CAVEAT EMPTOR (let the buyer beware ). Writ Clerks, and the existing Associates
A maxim of law applicable to the sale of in the three Common Law Divisions.
goods and chattels, under or according to
which a vendor is not bound to answer for CEORL. A poor freeholder or freeman
the goodness of the wares he sells, unless in Anglo-Saxon times ; he might become a
he expressly warrants them to be sound theyn, and therefore practically an eorl,by
and good, or unless he knows them to be possessing six hides of land (600 acres)
with a church and mansion of his own.
otherwise, and uses any art to disguise See title CHURLE.
them ; and this is so, although the price
is such as is usually given for a sound CEPI CORPUS. When a writ of capias
commodity. Every affirmation, however, is directed to the sheriff to execute it, he
at the time of sale, is a warranty , if it is commanded to return it within a certain
appears to have been so intended. time, together with the manner in which
CEMETERIES : See title BURIALS. he has executed it. If the sheriff has
taken the defendant, and bas him in cus
CENTRAL CRIMINAL COURT. This tody, he returns the writ, together with an
Court was constituted by the Acts 4 & 5 indorsement on the back stating that he
Will. 4, c. 36, and 19 & 20 Vict. c. 16, for has taken him , which is technically called
the trial of offences committed in the Me a return of Cepi Corpus.
tropolis and certain parts of Essex, Kent, CERTAINTY IN PLEADING . The word
and Sussex adjoining thereto, and of such is used in pleading in the two different
other offences as the Court of Queen's
Bench in term , or a judge thereof in vaca senses of distinctness and particularity.
tion , might direct to be removed thither, When, in pleading, it is said that the issue
although committed out of the proper juris must be certain , it means that it must be
diction of the Court. And under the particular or specific , as opposed to undue
Winter Assizes Act ( 1876), Her Majesty generality. Steph . Pl. 143, 4th ed. See
may by Order in Council extend the juris also Rex v. Horne, Cowp. 682.
diction of the Court at any session of the CERTIFICATE FOR COSTS : See title
Court in November, December, or January, CARRYING Costs.
to any neig libouring county or part of a
county not included in the proper district CERTIFICATE OF DISCHARGE . In
of the Court. liquidation, corresponds with the order of
CERTIFICATE OF DISCHARGE - contd . CESSAT EXECUTIO- continued .

discharge in bankruptcy. The certificate must have been cessat executio until it was
is based upon a special resolution of the tried against the other defendant ; but that
creditors of the liquidating debtor granting is not now the case (Order XIII., 4 ; XXIX.,
him his discharge ; but the certificate itself 3 ; xiv., 5 ); however, the execution against
is given by the Registrar of the Court of one defendant might in a proper case bo
stayed until the action was fully tried
Bankruptcy.
CERTIFICATE OF SHARES : See title (Order xiv., 4).
CESSANTE RATIONE LEGIS, CESSAT
SHARE - CERTIFICATES. ET IPSA LEX. Is a maxim of law which
CERTIFICATE, TRIAL BY. This is a says, that when the reason of a law ceases
mode of trial now little in use ; it is re to exist, the law itself also ceases. It is a
sorted to in cases where the fact in issue good principle ; but it is not altogether
lies out of the cognizance of the Court, without exceptions. Arguments constructed
and the judges, in order to determine the upon the analogy of the principle carry
question, are obliged to rely upon the great force.
solemn averment or information of persons
in such a station as affords them the clearest CESSAVIT . A writ that formerly lay in
and most competent knowledge of the various cases. It was generally sued out
truth . Thus, when a custom of the City against a person for having neglected for
of London is in issue , it is tried by the two years to perform such service , or to
certificate of the mayor and aldermen cer pay such rent, as he was bound to by his
tified by the mouth of their recorder. So, tenure, and at the same time had not upon
in the action of dower, when the tenant his premises sufficient goods or cattle to
pleaded in bar that the demandant was be distrained (Cowel). It also lay where
never accoupled to her alleged husband in a religious house had lands given to it on
lawſul matrimony, and issue was joined condition of performing some certain spirit
upon that, the Court used to award fhat it ual service , as reading prayers, giving
should be tried by the diocesan of the alms, and which service it had neglected ;
place where the parish church in which and in either of the above cases if the cesser
the marriage was alleged to have been had or neglect had continued for two years, the
was situated, and that the result should be lord or donor and his heirs had a writ of
certified to them by the ordinary at a cessavit to recover the land itself, eo quod
givenbeday; but probabl y an issue would tenens in faciendis servitiis per biennium
now directed merely, and tried by a jam cessavit. Somewhat similar to the
jury in the ordinary way. effect of this writ is the provision in the
modern Acts regulating gifts of lands for
CERTIORARI. An original writ,issuing popular education and amusement, that
sometimes out of the Court of King's Bench , when the same lands case to be so used
and sometimes out of Chancery . It is they shall revert to the donor ; in order to
usually resorted to shortly before the trial, decide the fact of the cesser of their ap
to certify and remove any matter or cause, pointed use, a writ of summons in cessavit,
with all the proceedings thereon , from some or something analogous thereto, would ,
inferior when
Bench, Courtit into the Court
is surmise King's
d that ofa partial probably, have to issue .
or insufficient trial will probably be had in CESSER OF ANNUITY. An annuity
the Court below (4 Vin . Abr. 329). It lies will cease upon any event limited for its
either for the verification of errors, or for duration ; e.g. , upon the marriage of one
the removal of plaints in replevin , or (most entitled to £ 50 per annum until she mar
generally ) for the removal of criminal pro ries ; similarly under a proviso for cesser
ceedings. upon bankruptcy (In re Throckmirton , 7
CERTUM EST QUOD CERTUM REDDI Ch. Div. 145).
POTEST. That is deemed certain in law See titles ANNUITY ; LEGACIES.
and therefore valid, which is capable of CESSER OF TERM . Long terms of
being made certain , i.e., ascertained . years (e.g., for 200, 500, or even 1000
titles
SeeTrus sub - title TY
ts , CERTAIN THEIN THR
PLEADIN G;
EE CER- years) are frequently created in wills and
settlements , and less frequently in mort
TAINTIES . gage deeds, for the purpose of securing the
CESSAT EXECUTIO . The suspending money thereby made payable to the per
or stopping of execution . If in an action sons and at the times therein expressed.
of trespass against two persons, judgment Usually the instrument itself contains an
was given against one, and the plaintiff express proviso, that the term shall cease
took out execution against him , the writ when the money is fully raised and paid ;
would abate as to the other, because there and under the Satisfied Terms Act, 1845
G
CESSER OF TERM - continued . CHAIRMAN OF COMMITTEES OF THE
(8 & 9 Vict. c. 112 ), there is an implied WHOLE HOUSE - continued .
cesser of the term . Chairman of Committees of the whole
See titles ATTENDANT TERMS ; Satis House , " and exercises the same authority
FIED TERMS ; TERMS OF YEARS, OUT in a committee of the whole House as does
STANDING . the Speaker on ordinary occasions. May's
Parl . Pr.
CESSIO BONORUM : See title CESSION
DES BIENS. CHALLENGE OF JURORS . There are
CESSIO, IN JURE : See title IN JURE two kinds of challenge of jurors - either
Cessio . ( 1) to the array, by which is meant the
whole jury as it stands arraigned in the
CESSION . Ceding or yielding up. (1.) panel ; or ( 2 ) to the polls, : by which is
By stat. 21 Hen .8, c . 73, if any one having meant one or more of the several particular
a benefice of £8 per annum or upwards, persons or heads in the array . A challenge
according to the then present valuation in to the array is at once an exception to the
the king's books, accept any other, the whole panel in which the jury are arrayed ;
first shall be adjudged void unless he and it may be made upon account of par
obtains a dispensation , which no one is tiality, or some default in the sheriff or his
entitled to have but the chaplains of the under-oflicer, who arrayed the panel; as
king and others therein mentioned, the where the panel was arrayed at the nomi
brethren and sons of lords and knights, nation or under the direction of either the
the doctors and bachelors of divinity and plaintiff or defendant in the cause , &c. , this
law admitted by the universities of this would be a good ground for a challenge
realm ; and a vacancy thus made, for want the array Challenges to the polls are
of a dispensation, is called a cession. ( 2.) exceptions to particular jurors ; and seem
Territory is sometimes acquired by cession, to answer to the recusatio judicis in the
as distinguished from conquest and occu Civil and Canon Laws. Challenges to the
pation ; and when so acquired, it is cus polls of the jury ( who are judges of fact)
tomary by some public instrument to define are by Sir Edward Coke reduced to four
the new allegiance and also the laws under heads, viz., propter honoris respectum ;
which the territory is henceforward to be propter defectum ; propter affectum ; and
governed. The old laws remain until propter delictum .
altered by the new sovereign authority. CHALLENGE TO FIGHT. Is an in
CESSION DES BIENS. This in French dictable offence, punishable with fine or
Law is the surrender which a debtor makes imprisonment, or both . It has been de
of all bis goods to his creditors, when he cided that no words of provocation, how
finds himself in insolvent circumstances. ever aggravating, can justify it (R. v. Rice,
It is of two kinds, either voluntary or 3 East, 581 ).
compulsory ( judiciaire) corresponding very CHALLENGE TO
nearly to liquidation by arrangement and THE ARRAY . See title CHALLENGE
bankruptcy in English Law, and to Cessio CHALLENGE TO OF JURORS.
Bonorum in Scotch Law.
THE POLLS.
CESTUI QUE TRUST. He for whose use
or benefit another is invested or scised of CHAMBERS. Both in the Common Law
lands or tenements ; or in other words, he and in the Chancery Division a very large
amount of business is transacted in cham
who is the real, substantial, and beneficial bers by the judges, and their subordinate
owner of lands which are held in trust.
See title TRUSTS. officers, whether masters (as they are called
at Common Law), or chief clerks (as they
CESTUI QUE USE. He for whose use are called in Chancery ). The jurisdiction
lands or tenements are held by another. at chambers is defined by the Judicature
See title Uses. Acts, 1873-5, and the orders and rules
CESTUI QUE VIE . He for whose life thereunder, and may be expressed as
follows :
lands or tenements are granted. Thus, if
A. grants lands to B., during the life of C., Any judge of the High Court may
(subject to any rules of Court) exercise in
here C. is termed the cestui que vie.
chambers all or any part of the jurisdiction
CHAIRMAN OF COMMITTEES OF THE by the Judicature Act, vested in the High
WHOLE HOUSE . At the commencement Court in respect of all such causes and
of every new Parliament, each of the two matters, and in respect of all such pro
Houses respectively selects from its own ceedings in any causes and matters, as
body a member preside over its proceed before the Judicature Act he might have
ings whilst the House is in committee. lieard in chambers, or as he is or may be
The officer so appointed is called “ The directed or authorized by any rules of
CHAMBERS- continued . CHAMBERS — continued .

Court to hear in chambers (Act, 1873, jurisdiction in the following particular
8. 39 ). matters, that is to say,
Under this general beading would fall ( 1.) Matters relating to criminal pro
the following applications : ceedings or to the liberty of the
( 1.) Generally all matters which (with subject ;
out detriment to the public advan- (2.) Removal of actions from one divi
tage) can be heard in chambers sion or judge to another division
(Master in Chancery Abolition or judge ;
Act, 1852, s. 11 ; and Despatch (3.) The settlement of issues ;
of Business Act, 1867) ; and as (4.) Discovery by way of inspection of
(in Chancery ) there is no distinc property (LIV., 2, and 2 a of
tion between the judge and his November, 1878) ;
chief clerk like to that which (5.) Appeals from district registrars;
exists ( at Common Law ) between (6.) Interpleader, where judgment is
the judge and a master,but every to be final and summary by con
applicant in chambers has a right sent, or where the matter being
to see the judge himself upon no of less value than £50 the judg
matter how trivial or how im ment is to be final and summary
portant an occasion, it is unneces at the request of one of the
sary to distinguish in the Chancery parties ( liv., and 2nd of No
Division between matters to be vember, 1878) ;
transacted at chambers before a (7.) Prohibitions ;
chief clerk and those to be trans- (8.) Injunctions and other like interim
acted there before the judge ; but, orders ;
on the contrary, every proceeding (9.) Awarding of costs ;
in chambers may, in the first ( 10.) Reviewing taxation of costs; and
instance , be taken before the ( 11.) Acknowledgments of married
women .
chief clerk, and thereupon , either
immediately, or ultimately ( if Nota Bene . - By consent of the parties,
necessary ), be referred to the the master may settle issues (Liv., 2), and
judge . may also grant discovery by way of inspec
(2.) Particularly the following appli- tion of property, and may exercise the
cations : summary final jurisdiction in interpleader
(a.) For extensions of time to plead, ( LIV., 2nd November, 1878) ; and without
or to do any other act for which any such consent, he undertakes ordinary
time is extendible ; practice matters in interpleader ( LIV ., 2),
(6.) For leave to amend the writ or and may make orders nisi charging stock
pleadings ; or shares (LIV., 2nd November, 1878), and
( c.) For orders for production and may grant discovery otherwise than by
inspection of documents, and inspection of property (Liv., 2nd November,
for inspection of property ; 1878.)]
(d.) For appointment of guardians ad And the jurisdiction in the Chancery
litem in the case of infants and Chambers extends under the stat. 18 & 19
lunatics not so found being Vict. c . 134, and General Order xxxvi. to
defendants ; the following further matters, viz. :
(e .) For leave to issue and to serve (1.) Applications for payment of divi
writ of summons out of juris dends on funds in Court ;
diction ; (2.) Applications under when fund
( f.) For order to take ordinary ac Legacy Duty Act ; does not
count (xv. , 2), where writ is ex- (3. ) Applications under exceed
pressly indorsed ( under 111., 8 ) Trustee Relief Acts ; £ 300 ;
with claim for account ; (4.) Applications for vesting order under
(9.) For final judgment where writ is Trustee Acts ;
specially indorsed with parti- and the jurisdiction under further Acts and
culars of debt or liquidated Orders extends to the following further
demand. matters :
But, in the Common Law Divisions, (5. ) Special orders for taxation or review
there exists a real distinction between the of taxation ;
master and the judge at chambers, and an (6.) Applications for new trustees of
appeal properly so called lies ( within four charities ;
days) from themaster to the judge, besides (7.) Applications under Mortgage De
an immediate or ultimate reference ; and benture Act, 1865 ;
under the Judicature Acts, 1873-5 , it is (8.) Applications in arbitrations under
provided that the master shall not have C. L. P. Act, 1854 ; and
G 2
CHAMBERS - continued . CHANCELLOR — continued .
(9.) Transfer of causes froiu County Chancellor exercises under the new pro
Court to High Court, and vice cedure a general control of all the divi.
versâ. sions of the SupremeCourt, and is President
And generally, all decrees and inquiries of the Chancery Division of the High Court
are prosecuted in chambers. ( Judicature Act, 1873, s. 31 ), and also of
CHAMPARTY, or CHAMPERTY . This the Court of Appeal ( Judicature Act, 1875,
is a species of maintenance which consists 8. 6 ) ; and he presides in the Supreme
Appellate Court of the House of Lords.
in the purchasing of an interest in the All writs of summons for commencing
thing in dispute, with the object of main actions in the High Court are tested in
taining and taking part in the litigation the name of the Lord Chancellor. ( 2. )
( 2 Just. 481, 562, 563 ; Stanley v . Jones, The Chancellor of the Duchy of Lancaster
7 Bing. 378 ; Stevens v. Bagwell, 15 Ves. jun. is the Chief Judge of the Duchy Court,
139.) It is not champerty if the parties who in ditficult points of law used to be
have a common interest, and a moral inte
rest, as that of a parent in a child , sutlices :
assisted by two ju Iges of the Common Law ,
to decide the matter in question. This
nor is it champerty to simply mortgage Court used to be held in Westminster
the property in litigation with a view to Hall, and was, formerly, much used in
raising the requisite funds ( Cockell v. relation to suits between tenants of Duchy
Taylor, 15 Beav. 103 ). lands, and against accountants and others
CHANCEL. Is that portion of the fabric for the rents and profits of the said lands.
of the church (Rippin v. Bastin , L. R. It is now held in Manchester and Liver
2 A. & E. 386 ), which the incumbent is pool, the chief cities of the Duchy, and is
bound to keep in repair, the other parts of presided over by a Vice-Chancellor, who
the church being kept in repair by the decides alljudicial questions, with anappeal
churchiwardens ( Veley v. Burder, 12 Ad. to the Court of Appeal in London ( Judica
& El. 233 ). In rectories, the chancel is ture Act, 1873, s. 18 ). (3.) The Chancellor
the freehold of the rector ; in vicarages, of of a Diocese, or of a bishop, is an officer
the impropriator. Brice's Public Worship. appointed to hold the bishop's Courts for
See title CHURCH . him , and to assist himn in matters of Eccle
siastical Law ; who as well as all other
CHANCELLOR . There are many officers ecclesiastical officers, if lay or married, must
bearing this title ; those, however, which be a doctor of the civil law , 80 created in
it will be necessary to mention here, are : some University. ( 4. ) The Chancellor of the
1st. The Lord Chancellor. 2ndly, the Exchequer, is al-o a high officer of the Crown,
Chancellor of the Duchy of Lancaster. who used to sit sometimes in Court, and
3dly, the Chancellor of a Diocese ; and sometimes in the Exchequer Chamber; and ,
4thly, the Chancellor of the Exchequer. together with the regular judges of the
( 1.) The Lord Chancellor is created by the Court, saw that things were conducted to
mere delivery of the great seal into his the king's benefit. His principal duties,
custody ; whereby without writ or patent, however, are not of a judicial character,
he becomes an officer of the greatest weight but concern the management of the royal
and power of any in the kingdom , and revenue ; and under the Judicature Act,
superior in point of precedency to every 1873 , he is deprived altogether of his
temporal lord . He is a privy councillor strictly judicial functions.
by his office, and prolocutor of the House CHANCELLOR OF )
of Lords by prescription, To him belongs DIOCESE.
the appointmentof all justices of the peace
throughout the kingdom , besides other very CHANCELLOR OF
extensive legal patronage. Being for- DUCHY OF LAN See title CHAN
merly usually an ecclesiastic, and presiding CASTER . CELLOR.
over the royal chapel, he became keeper of
the king's conscience, visitor in right of the CHANCELLOR OF
king of all hospitals and colleges of the THE EXCHEQUER .
king's foundation, and patron of all the CHANCE -MEDLEY. The accidentally
king's livings under the value of twenty killing a man in self-defence is so termed .
marks per annum , in the king's books. He
is the general guardian of all infants, CHANCERY. The High Court of Chan
idiots, and lunatics ; and has the general cery was the highest Court of Judicature
superintendence of all charitable uses in in the kingdom next to the Parliament,
the kingdom . And having been head of and was of very ancient institution. The
the old Court of Chancery, and as such jurisdiction of this Court was of two kinds :
superior as a judicial officer even to the ( 1 ) ordinary, and (2 ) extraordinary. ( 1. )
Lord Chief Justice of England, the Lord The ordinary jurisdiction was that wherein
CHANCERY - continued . CHANCERY JURISDICTION ACT, 1852

the Lord Chancellor, Lord Keeper, &c., in -continued.
bis proceedings and judgments, was bound improving the procedure at Westminster
to observe the order and method of the the Common Law Procedure Act, 1852
Common Law ; and (2.) the extraordinary (15 & 16 Vict. c . 76).
jurisdiction was thatwhich the Court exer CHANNEL : See title WATER AND
cised in cases of equity , i.e., “ of grace." WATERCOURSE.
The ordinary Court held plea of recog
nizances acknowleriged in the Chancery : CHAPELRY. The same thing to a chapel
of writs of scire facias for the repeal of
letters patent, &c.; and also of all per as a parish is to a church , i.e. , the precincts
sonal actions by or against any officer of and limits of it (Les Termes de la Ley ;
the Court ; and by Acts of Parliament, of Cowel ; 6 Jur. 608 ).
several other causes. All original writs, CHAPELS. There are five principal
commissions of bankruptcy, of charitable varieties of chapels, viz. :
Uses , and other commissions, as idiots, ( 1.) Priv te Chapels. — Being such as
lunacy, &c. , used to issue out of this gentlemen occasionally build in or near
Court, for which purpose the Chancery their own houses for the use of themselves
was said to be always open ; and some- and their families and dependents; they
times a supersedeas or writ of privilege are maintained by their founder ; and the
has been here granted tohabedischarge
corp
a licentiate or chaplain acquires no freehold
person out of prison. A as us, interest in them (4 B. & C. 573 ).
prohibition, & c., might be liad from this (2.) Chapels of Ease. —Being such as are
Court in the vacation ; also a subpena , to built within the precincts of a parish and
force witnesses to appear in other Courts, belong to the parish church and the parson
where these latter Courts had no power to thereof (2 Roll. Abr. 340, 1 , 51 ), who may
call them (4 Inst. 79 ; 1 Dany . A br. 779 ). accordingly nominate and present.
The extraordinary Court , or Court of ( 3. ) Endowed Chapels. Being, e.g., such
Equity, proceeded by the rules of equity as have been erected and endowed under
and conscience, and moderated the rigour the provisions of the stat . 14 & 15 Vict.
of the Common Law, considering the inten- c. 97 ; the freehold in such chapels is
tion rather than the words of the law , usually vested in the Ecclesiastical Com
Equity being the correction of that wherein missioners, who also in general control and
the Law by reason of its universalities was declare to whom the right of nomination
deficient. On this ground therefore, to shall belong (MacAllister v. Rochester ( Bp.),
maintain a suit in Chancery , it was ordi- W. N. 1879, p . 183 ).
narily alleged that the plaintiff was incap- ( 4.) Free Chapels. - B ing such as are of
able of obtaining relief at Common Law , royal foundation, or which bave been
and that without any fault of his own, as four:ded by private individuals under and
by having lost his bond, & c. , Chancery by virtue of the licence or grant of the
never acting against but in assistance of Crown. This fourth variety of chapel is
the Common Law , supplying its deficien- most usually found upon the manors and
cies, not contradicting its rules. Under the ancient demesne lands of the Crown, and
Judicature Act, 1873,theCourt of Chancery ( it may be assumed ) was originally in
is to be known as the Chancery Division of tended for the use of the king and his
the High Court of Justice, and is to retain retainers (Godolphin, Abr. 146 ).
exclusively to itself ( subject, nevertheless, (5. ) Proprietary Chapels. - Being such
to the more general provisions of the Act) as have been built by private individuals,
all its extraordinary jurisdiction as above without any licence from the Crown, and
defined ( sect. 31), and is invested with merely for the encouragement of piety
a concurrent jurisdiction in all other among the masses.
matters.
See title COURTS OF JUSTICE CHAPELS OF EASE : See title CHAPELS.
CHANCERY DIVISION : See titles CHAPTER . The assembly of clerks in a
CHANCERY ; Higu COURT. church cathedral ; and in another significa
tion, the place wherein the members of that
CHANCERY JURISDICTION ACT, 1852. community treat of their common affairs.
Is the stat. 15 & 16 Vict. c. 86 , whereby It not only rules or governs the diocese
the procedure in the Court of Chancery was during a vacancy of the see, but also in
regulated, prior to the Judicature Acts, many things advises the bishop, when the
1873-5, and most of the provisions of the see is full ( Les Termes de la Ley ).
Act are retained in the present procedure
(Order xvi.. 11 ). In the same year was CHARACTER , EVIDENCE AS TO . In
passed the Master in Chancery Abolition Anglo -Saxon times, this species of evi
Act, 1852 ( 15 & 16 Vict. c. 80) ; and for dence, so far as it regarded the parties
CHARACTER, EVIDENCE AS TO - con CHARGING ORDER - continued .
tinued . and there is now no real distinction between
themselves to an action or suit, was almost the Common Law and the Chancery Divi
the only evidence regarded (see title Com sions. ( Brown's Snell's Practice, 5th ed .)
PURGATION ); but with the introduction of See titles STOP -ORDER ; GARNISHEE
the Norman procedure by inquest or recog . ORDER.
nition , evidence of witnesses as to facts came
CHARGING PART OF A BILL, The
to be received , and also to be principally
attended to, and evidence as to the cha plaintiff in a suit in Equity, after setting
racter of the parties gradually sank to the forth the subject of complaint, used to add
secondary position which it at present such circumstances by way of allegation as
occupies. The law as it exists at the were calculated to corroborate his state
present day may be thus stated : ment, or to anticipate and controvert the
( 1. ) As to parties,-Character-evidence, claim of his adversary ; and such allega
as a general rule, is not receivable at all , tions were technically called charges, and
excepting, of course, when the character of the part of the bill in which they occurred
the party is directly in issue, and excepting Was termed the charging part of the bill.
in criminal prosecutions, when the cha Under the present practice of pleading,
racter of the party has some bearing upon the statement of claim is not ( in the general
the offence with which he stands charged , case ) to contain any such charges, but to
( Best on Evidence, pp. 355-357 ) ; and state facts merely.
(2. ) As to witnesses, Character -evi. See titles Bill IN CHANCERY ; STATING
PART OF A Bill .
dence, as a general rule, is always receiv
able, the evidence being, however, of a CHARITABLE INFORMATION . The
general character (as distinguished from procedure of the Court of Chancery, with
particular circumstances), and going to respect to charities under its ordinary juris
affect the credibility of the witness only. diction independently of statute, is by an
information in the name of the Attorney
CHARGING ORDER . Under the stat.
General, either ex officio, as the officer of
1 & 2 Vict. c. 110, ss. 14-16, aided by the the Crown, or ex relatione ; but informa
stat. 3 & 4 Viet. c. 82, s. 1 , when a judg
ment debtor shall have any Government tions are now rarely resorted to, except in
contentious cases where no other mode of
stock , funds, or annuities, or any stock or procedure can be So advantageously
shares of or in any public company in adopted. Under the Charitable Trusts
England, a judge at chambers may, on Act, 1853, the certificate of the Board of
the ex parte application of the creditor, Commissioners must be obtained authoriz
grant an order nisi charging the property ing a suit by information except in those
in question with the judgment debt, the cases where the Attorney -General institutes
order becoming absolute unless the debtor the proceeding ex officio . The objects of
take proceedings according to the statute the information are various, comprising
to discharge it, but the realization of the generally the establishment and manage
security is to be postponed for six months ment of the charity, and including there
( Brown v. Bamford, 9 M. & W. 42). In under the putting of the true construction
case the order is erroneous, the Court may upon the instruments creating the trusts,
discharge it ( Fowler v. Churchill, 11 M. & the framing of schemes, the removing or
W. 57 ). In the case of a fund in the Court the ppointing of trusteis, enforcing the
of Chancery, if the charging order was in due performance of the trusts, and repair.
aid of a judgment of a Common Law ing breaches thereof, and setting aside im
judge, then the latter judge, and not a proper transactions, such as fraudulent or
judge of the Court of Chancery, was to improvident sales or leases of the charity
make the order ; but a Vice - Chancellor estates. Since the Act of Toleration, all
would grant a stop -order in such a case in Protestant Dissenters are entitled to sue
aid of the charging order. On the other by the Attorney-General to carry out
hand , if the charging order was sought trusts relating to their charities ; and since
in aid of a decree of the Court of Chan Roman Catholics and Jews have also been
cery itself, then, whether the fund was put upon the same footing as Protestant
in Court or not , the Court would issue it, Dissenters, an information may be filed in
together with a stop -order, upon the peti the name of the Attorney -General in re
tion of the creditor, who need not have spect of such Roman Catholic and Jewish
entitled his petition in the Act 1 & 2 Vict. charities also .
c. 110. See title CHARITABLE PETITION .
Under the present practice, the procedure
is not changed, excepting that the churg CHARITABLE PETITION . In lieu of
ing order may now bo made by a master at the formal proceeding by information, and
chambers, and also by a Divisional Court ; in order to obviate the expense and delay
CHARITABLE PETITION - continued . CHARITABLE USES. Those objects

occasioned thereby, a summary remedy has and purposes are considered charitable,
been provided by Sir Samuel Romilly's firstly, which are expressly enumerated in
Act (52 Geo. 3, c. 101 ), for the correction the stat. 43 Eliz. C. 4 ; and, secondly ,
of abuses in and the better administration which by analogy are deemed within its
of trusts created for charitable purposes. spirit and intendment. The charitable
And by the Charitable Trusts Act, 1853 obji cts enumerated by the stat. of Eliza
(16 & 17 Vict. c. 137 ), the Attorney-General, beth are as follows : “ Relief of aged , im
acting ex officio, may be a petitioner under potent and poor people ; maintenance of
the Act ; and the stats. 3 & 4 Vict. c . 77 sick and maimed soldiers and mariners'
(Grammar Schools Act), and 8 & 9 Vict. schools of learning, free schools, and
c. 70 (Church Buildings Acts Amendment scholars in universities; repair of bridges,
Act), have further extended the avail . ports, havens, causeways, churches, sea
ability of the principal Act. However, the banks, and highways ; education and pre
general operation of the Act has been cut ferment of orphans; relief, stock , or main
down to cases which arise between the tenance for houses of correction ; marriages
trustees and cestuis que trust of the charity, of poor maids; supportation, aid, and help
and even in cases of this latter description of young tradesmen , handicraftsmen, and
the Court exercises a discretion as to persous decayed : relief or redemption of
whether the Act can be applied with prisoners or captives ; aid or ease of any
advantage to the charity or not ; conse poor inhabitants concerning payment of
quently the Act has been held not to fifteens, setting out of soldiers, and other
apply to cases where there were adverse taxes."
claims or disputes as to who were the The classes of gifts which have been
objects of the charity, or whether certain held to be within the spirit and intend
persons called governors or trustees had a ment of the statute , although not expressly
certain authority, or where persons put in enumerated therein, are principally the
.
adverse claims to the right to administer following :
the charity property, and the like. But Gifts for the advancement of religion, or
the Court may under the Act consider a connected with religious services or places,
scheme for the man igement of the charity, e.g., bequests for the ornaments of a parish
or of the charity estate, and may appoint church , for the stipend of a minister or
new trustees, reinstate a schoolmaster if curate, or for the augmentation thereof, fur
improperly dismiss d , declare the propor the distribution of bibles, for keeping in
tions in which the charitable objects are repair the church chimes ; also , in assist
entitled, and the like. ance of the poor, as of unsuccessful literary
See title CHARITABLE INFORMATION . men : and generally all purposes which
CHARITABLE TRUSTS : See title are of a public and legal nature . And
since the Toleration Act ( 1 W. & M. c. 18),
TRUSTS, sub-title CHARITABLE TRUST. a gift of any of these sorts iu favour of dis
CHARITABLE TRUSTS ACTS. Under seuters or nonconformists is equally legal,
these Acts, being principally the Act of provided it be not for a purpose deemed
1853 ( 16 & 17 Vict. c. 137), the Act of superstitious (see title SUPERSTITIOCs Uses) ;
1855 ( 18 & 19 Vict. c. 124 ), and the Act of and since the stat. 2 & 3 Will. 4, c. 115,
1860 ( 23 & 24 Vict. c. 136), the manage Roman Catholics have been put upon the
ment of the properties of charities has been same footing as Protestant Dissenters.
regulated and facilitated . A board , en CHARITIES : See titles ChariTABLE
titled the Charity Commissioners, is con TRUSTS ACTS : CHARITABLE USES ; MORT
stituted, having the entire control of the MAIN ACTS ; SCHEME FOR CHARITIES.
administration of the charity properties,
must be given before CHARITY COMMISSIONERS : See title
any notice to whom
and application regarding such administra- CHARITABLE TRUSTS ACTS .
tion is made to the Court of Chancery CHARTA , MAGNA : See title MAGNA
under the Acts touching the affairs of the CHARTA .
charitics ; but it seems that such an appli CHARTER . One of the early modes of
cation may be made after such notice is
given, although the Charity Commissioners legislation : it consisted of a grant of
refuse their sanction to the objects of the liberties, usually to the boroughs, in return
application ( Wutford Burial Board, Ex for moneys paid into the Exchequer by the
parte, 2 Jur. ( N.S.) 1045). No notice need boroughs. Latterly , it has been a mode
be given to the Commissioners, before com of establishing corporations, enjoying cer
mencing such an action as one of ejectment tain privileges, e.g. banking corporations.
( to recover the charity property ) or gene (Brice on Ultra Vires.)
rally as would fall in the Common Law CHARTERPARTY . This is an agree
Division ( Holme v. Guy, 5 Ch. Div. 901 ). ment in writing (uot necessarily noreven
CHARTERPARTY - continued . CHASE. This word has two significa
usually under seal), whereby a shipowner tions in the Common Law . First, it sig.
lets an entire ship, or part of a ship, to a nifies a driving of cattle to or from any
merchant for the conveyance of goods, and place, as to clase a distress to a castle or
the merchant in consideration thereof, and fortlıt. Secondly, it signifies a place for the
of the conveyance of the goods to be there reception of deer and wild beasts of the
under effected, promises to pay to the ship chase generally, as the buck, doe, fox ,
owner an agreed sum by way of freight marten, and roe, &c. A chase is not the
for their carriage. A charterparty is in same as a forest, or a park, but is of a
general effected through a broker acting nature between the two, being commonly
for the shipowner. A ship chartered in less than a forest and not having so many
this manner is opposed to a general ship. liberties and privileges incident to it, and
Construction of Charterparty. — The yet of larger extent than a park, and stored
agreement is construed liberally , upon the with a greater diversity of game, and
maxim ut res magis valeat quam pereat ; having more keepers to superintend it.
but if the words are clear the Court will And it is said by Crompton in his Juris
not reject or explain away a stipulation, diction, 118, that a forest is no sooner in
however harsh or oppressive in the event the hands of a subject than it loses its
( Studhard v. Lee, 3 B. & S. 364 ). Also, name, and at once becomes a chase : 80
usage is admissible to explain mercantile that a chase is distinguished from a forest
terms and phrases, but not to contradict or on the one hand in this respect, that the
vary the written instrument itself. How latter cannot be in the hands of a subject,
ever, a custom not repugnant to anything and the furmer may be 8 ) ; and from a park ,
in the writing may be annexed to it . Anil on the other hand, in this respect, that the
with reference to what mistakes shall avoid cbase is not enclosed, and has not only a
tlie contract and what stipulations amount larger compass and more game, but also
to conditions precedent, and generally as to a greater number of keepers and officers.
all other matters of construction, the rules (Manwood's Forest Laws; 4 Inst. 314).
applicable to other contracts apply to See titles Park ; WARREN.
charterpartics also. CHATTELS. All things which are
Dissolution of Charterparty . — The agree
ment may be dissolved - usually comprehended under the name of
( 1. ) By consent before breach without goods, come under the general name of
chattels. Cliattels are divided into two
any new consideration, and after breach kinds, real and personal . Chattels real,
upon terms. If the original agreement is are such as concern real estates, or landed
by deed, the agreement for dissolution
must be by deed also ; on the other hand , property, and are so called because they are
if the original agreement is in writing not interests issuing out of such kind of pro
under seal, the agreement for dissolution perty, as the next presentation to a church ,
may be either in like writing or by word terms for years, estates by statute merchant,
statute staple, elegit, &c. Chattels per
of mouth , and that notwithstanding the
original contract may require by statute to 8onal are generally such as are moveable,
bein writing Taylor v. Hillary, 1 Cr. M. and may be carricd about the person of the
& R. 741 ; owner wherever he pleases to go; such as
, jewels, and
moneyfur garmen , animal , house
Also (2.) By an unreasonable delay in
the commencement of the voyage, at li ast bold niture , almtsost every s descrip
tion of property of a moveable nature.
when a particular day is tixed for the sail Things personal, however, are not confined
ing, and time is ( as it usually is) of the
essence of the contract ; to moveables ; for as things real comprise
Also (3. ) By act of law, rendering the not only the land itself, but such incorpo
real rights as issue out of it, so things per
performance impossible, without any fault sonal include not only those tangible sub
of the parties; e.g , by the outbreak of a jects of property which are capable of
war or a general interdiction of commerce ,
but not by a mere embargo, nor even by a locomotion , but also the incorporeal rights
blockade, although duly notified. or interests which may grow out of or be
incident to them . This class ( to which
Remedies on Charterparty . — The remedy,
if the contract is under seal , is by action may be assigned the term of incorporeal
of debt or covenant, but if in writing not chattels ), comprehends among other spe
under seal, by action of assumpsit. With cies, patent right, or the exclusive pri
reference to the parties to sue and be sued , vilege of selling and making particular
the same rules apply as are applicable to contrivances of art ; and copyriglit, or the
ordinary contracts, e.g., to charge the un exclusive privilege of selling and publish
discovered principal without discharging ing particular works of literature.
the agent ; and if the contract is under CHATTELS, MORTGAGE OF : See title
seal, the like rules apply. MORTGAGE OF PERSONAL PROPERTY.
89
CHEQUES- continued .
CHATTELS PERSONAL See title through the cheque not appearing at the
CHATTELS REAL CHATTELS. time of presentation for payment to have
CHATTELS, PLEDGE OF : See title been crossed .
PLEDGE , CHIEF CLERK . Is the clerk in Chan
CHAUD -MEDLEY . The killing of a cery appointed to assist the Master of the
man in an affray in the heat of blood, and Rolls or the Vice -Chancellors — each of
while under the influence of passion ; it them having three such clerks—in their
is thus distinguished from chance medley, chamber business. The chief clerks exer
which is the killing a man in a casual cise large administrative and some judicial
fray in self -defence . functions in aid of the judge, and as repre
senting him .
title MASTERS AT COMMON LAW .
CHAUNTRY. A church or chapel en See
dowed with lands or other yearly revenues
for the maintenance of one or more priests CHIEF, EXAMINATION OF WITNESS
to sing masses daily for the souls of the IN . Every witness who gives his testi
donors, and such others as they appointed. mony in a trial at Nisi Prius, is first exa
( Les Termes de la Ley.) Such uses would mined by the counsel of the party on whose
at the present day be void as superstitious. behalf he is called ; and the first examina
( See title SUPERSTITIOUs Uses.) Thechaun tion is termed his examination in chief. He
tries were abolished by a statute passed in is then subject to cross examination by the
the last year of the reign of Henry VIII. counsel on the other side ; which cross-exa
and the first year of that of Edward VI. mination may be in its turn succeeded by a
re- examination by the counsel who origi
CHEATING . Various forms of cheating nally called him (3 C. & P. 113). In the
are made criminal offences, chiefly the fol Court of Chancery the examination in chief
lowing : has hitherto been taken by affidavit, but
(1.) Obtaining goods, &c., by false pre under the Judicature Act, 1873, the practice
tenres ; in Chancery is assimilated to that of the
(2.) Selling goo is by false scales ; Common Law .
(3.) Various offences enumerated in the CHIEF RENT. Those rents which are
Debtors Act, 1869 (32 & 33 Vict.
payable by the freeholders of manors, are
c. 62), s. 11 . frequently so called, and they are also de
CHEQUES. Are orders in writing made nominated quit -rents, i.e. , quieti redditus,
by a customer upon his banker to pay because thereby the tenant goes quit and
money in favour of a person named in the free of all other services.
order , or “to bearer ” or “to order.”
" The CHIEF , TENANT IN. All the land in
bank is liable for payment of a forged the kingilom was supposed to be holden
cheque, whether the cheque is forged in mediately or immediiately of the king, who
whole or in part ; but the bank is pro was styled the lord paramount or lord
tected where merely the indorsement upon above all; and those that held immediately
the cheque is forged ( 16 & 17 Vict . c 59, under him , in right of his crown and dig.
8. 19). Under the Crossed Cheques Act, nity, were called his tenants in capite
1876 (39 & 40 Vict . c . 81 ), passed in con or in chief, which was the most hon
sequen ce of the decision in Smith v. Union
Bank of London , 1 Q. B. Div. 31 , a general ourable species of tenure, but at the same
crossing consists of the words " and Co." timo subjected the tenant to greater and
more burdensome services than inferior
on the face of the cheqne within transverse
lines, and with or without the words “ not tenures did .
See title FEUDAL TENURES,
negotiable ," and a special crossing consists
of the name of a banker written in like CHILD . In law means a legitimate
manner as the words “ and Co .;" and any child in the absence of evidence of an in
person receiving an uncrossed cheque may tention to signify an illegitimate child.
cross it either generally or specially. A CHILD, ABANDONMENT OF. Consists
cheque crossed generally shall only be paid in the desertion and exposure of children
by the bank on which it is drawn to a under two years of age, whereby their life
bank ; and when crossed specially, to the endangered or their permanent health
specified bank . And payment according to d . title ABANDONMENT.
injureSee
these provisions in the Act is a protection
both to the customer and to the bank upon CHILD STEALING , OFFENCE OF. Un
wbich he has drawn the cheque ; but non der the stat. 24 & 25 Vict . c 100, s. 56,
compliance with these provisions renders any one who, whether by force or fraud,
the bank liable to its own customer for any unlawfully leads, decoys, or entices away ,
damage he may sustain therefroin , unless or who detains any child under the age of
the banker's non - compliance is inadvertent,
CHILD STEALING, OFFENCE OF - con CHIROGRAPH - continued .
tinued .
ing a space between, in which they wrote
fourteen years , with intent to deprive the in great letters the word “ chirograph ," and
lawful guardian of the possession of the then cut the parchment in two through the
child, or with intent to steal the articles middle of the word , concluding the deed
upon it ; and any one knowingly receiving with “ In cujus rei testimonium utraque pars
or harbouring such a child, is guilty of mutuo scriptis præsentibus fide media sigil
felony, and is punishable with penal servi lum suum fecit apponi. ” This was after
tude from seven to five years, or to imprison wards called dividenda, because the parch
ment for two years, with or without hard ment was so divided or cut. And the first
labour, and if aa male under sixteen, with use of these chirographs was in Henry III.'s
or without whipping. time. Chirograph was also of old used for
a fine. And this manner of engrossing the
CHILTERN HUNDREDS. The steward fine and cutting the parchment in two
ship of the Chiltern Hundreds is a nominal pieces continued to be observed until the
office in the gift of the Crown, usually ac abolition of fines by the stat. 3 & 4 Will. 4,
cepted by members of the House of Com c . 74. Cowel.
mons desirous of vacating their seats. See next title.
“ Her Majesty's Chiltern Hundreds" are CHIROGRAPHER OF FINES. Chiro
three in number, namely, Stoke, Des
borough , and Bonenham , and are distin graphus finium et concordiarum (from the
guished by the use made of them for par Greek xespóypaowv, which is a compound
liamentary purposes. By law a member of reip, a hand, and ypáow , I write ). It
once duly elected is compellable to dis signified the officer of the Common Pleas
charge the duties of the trust conferred who engrossed fines in that Court so as to
upon him , and is not able at will to be acknowledged into a perpetual record,
resign it. But by stat. 6 Anne, c. 7, and after they had been acknowledged and fully
several subsequent statutes, if any member passed by those officers by whom they were
accepts of any office of profit from the previously examined . Cowel.
Crown (excepting officers in the army or CHIVALRY. This word comes from the
navy accepting a new commission ), bis French chevalier ; and signifies that pecu
seat is vacated. If, therefore, any mem liar species of tenure by which landswere
ber wishes to retire from the representation fomerly beld, called tenure by knights'
of the county or borough by which he was service. It is of a martial and military
sent to Parliament, he applies to the Lords nature, and obliges the tenant to perform
of the Treasury for the stewardship of one some noble or military office unto his lord.
of the Chiltern Hundreds, which having See title FEUDAL TENURES.
received, and thereby accomplished bis pur CHIVALRY, COURT OF. An ancient
pose , he again resigns the office. (May's
but long disused court which used to be
Parl Pr. 576–7 ; Bushby's Election Law , held before the Lord High Constable and
4th ed .)
Earl Marshal, in matters criminal and
CHIMIN. A way, which is of two civil . Its criminal jurisdiction was confined
kinds—(1.) The king's highway ; and, to deeds of arms and war ; its civil jurisdic
(2.) A private way. ( 1.) The king's high diction extended to redressing injuries of
way is that by which the king's subjects lionour, encroachments in matters of coat
and all under his protection have free armour or of precedences, or of other like
liberty to pass, although the property in family distinction ,—but, nota bene, only
the soil on each side, or even in medium where there was no remedy at the Common
filum vix, may belong to some private per Law, and the petitioner or complainant in
son , (2. ) A private way is that by which this Court never obtained pecuniary satis
one or more persons have a right or liberty faction . The Heralds' College was and
to pass through another person's ground. is a sort of successor to this Court as regards
Cowell, matters of pedigree and of armour .
See title WAY. See title HERALDS' COLLEGE.
CHIROGRAPH . An instrument of gift CHLOROFORM. Administering this

or conveyance attested by the subscription drug with intent to commit an indictable
and crosses of the witnesses, and which was offence is, by the stat. 24 & 25 Vict. c. 100,
in the Saxon times called Chirographum s. 22, made a felony , punishable with penal
servitude for life or five years, or with
and which being somewhat changed in imprisonment for two years with or without
form and manner by the Normans, was by hard labour.
them styled charta. "Anciently, when people
made a chirograph or deed which required CHOSE. This word is generally used in
a counterpart, they engrossed it twico upon combination with others. The most com
one piece of parchment contrarywise, leav mon combinations in which it is found are
CHOSE - continued . CHURCH - continued .

the following :-(1 .) Chose local; (2.) Chose ministration of the sacraments and sepul
transitory ; and (3.) Chose in action . ( 1.) ture annexed to it (Cowel). The fabric of
Chose local is such a thing as is annexed to the church consists of the nave or body of
a place ; thus, a mill is a chose local. (2.) the church, with the aisles, the chancel,
Chose transitory means anything of a move and the steeple.
able or transitory nature, which may be See title CHAPELS.
taken or carriedaway from one place to
another. (3.) Chose in action ( the most CHURCH AND STATE . The Anglo
ordinary combination ) is a phrase which is Saxon Church, first nationalised by Arch
sometimes used to signify a right of bringing bishop Theodore of Tarsus (668 ) , was in
an action, and at other times the thing closest relation with the state, and the
itself which forms the subject matter of that highest spiritual dignities were held by
right, or with regard to which that right is Englishmen of noble family. The church
exercised ; but it more properly includes after the Conquest ( 1066) was brought into
the idea both of the thing itself and of the closer connection with the Court of Rome,
right of action as annexed to it. Thus, and many foreign ecclesiastics received
when it is said that a debt is a chose in appointments in it ; but in 1076, William I.
action, the phrase conveys the idea not only successfully withstood the claim of Pope
of the thing itself, i.e. , the debt, but also of Hildebrand to hold England as a fief of the
the ght of action or of recovery possessed Papacy, and by a series of ordinances
by the person to whom the debt is due. established the royal supremacy over the
When it is said that a chose in action can church, separating between and defining
not be assigned, it means that a thing to the respective functions of the civil and
which a right of action is annexed cannot ecclesiastical jurisdictions. This separation
be transferred to another together with was afterwards more fully defined by
such right. Thus if A. owes B. £ 10, it is Henry II. (1164) in the Constitutions of
obvious that B. has a debt, and also a right Clarendon (see title CLARENDON, CONSTI
of recovering such debt against A .; now if TUTIONS OF). In the reigns of John and
B. were to assign or transfer his debt, Henry III., the papal supremacy was re
together with his right of recovery , to C. , stored, but in the reign of Edward I. that
this would be assigning a chose in action, of the king was restored, and during that
which the law would not allow for the reign and the subsequent reigns was con
reasons stated in Co. Litt. 214 a , 266 a ; solidated by a series of statutes calculated
2 Roll. 45 ; Moulsdale v . Birchall, Sid. 212. to check the aggressions of the Papacy, the
But more recently such assignments came principal of these statutes being,
to be allowed in Equity, and latterly in (1.) De Asportatis Religiosorum (35 Edw .
some instances at Law, until eventually, by I.), to forbid “ alien priors” as
the Judicature Act, 1873, a chose in action sessing taxes or withdrawing
has been made assignable in every case. money on that head out of Eng
land ;
CHOSES IN ACTION : See titles CHOSE ; (2.) Statute of Provisors (25 Edw. III.),
NOTICE. to forbid nominations by the Pope
CHRISTIANITY . To bring this religion to English livings;
into ridicule or contempt is an offence (3.) Statute of Præmunire (16 Ric. II.c.5),
against the Common Law of England, and to forbid appeals to the Court of
as such is indictable. ( Holt, Libel, 69, n. ) Rome, or executing in England
The Christianity here intended was origi the process of that Court.
nally that established by law ( See title In the reign of Henry IV. the rise of the
Lollards tended to weaken the connection
ARTICLES OF RELIGION, THIRTY-NINE) ; but
all Protestant Dissenters are not only of the English church with the state ; but
tolerated ( See title TOLERATION ACT ), but that bodyand the Wycliffites, their succes
enjoy as of right and not by toleration all sors, failed to establish a national character,
civil advantages, with immaterial excep and partly by the force of persecution ( Stat.
tions ( See titles Non -CONFORMISTS ; JEWS ; de Hæretico Comburendo , 2 Hen. 4, c. 15),
ROMAN CATHOLICs ). And it seems doubt and partly by theloyalty of the people to
ful, if an atheist would be liable to this in the Crown, was effectively subordinated as
dictment, and apparently it is only profess a religious system
ing Churchmen thatare liable to it, in case In the reign of Henry VIII, the “ Re
formation Parliament ” (1529-1536 ), where
they should ridicule the religion which they by the English church was finally and for
profess.
See title ATHEISM . ever freed from any control on the part of
the pa pacy, the royal supremacy was re
CHURCH . A place of worship, to be formulated and re- established, and (among
adjudged a church in law must have ad . other things tending to establish and main
CHURCH AND STATE - continued . CHURCHYARD - continued .
tain that supremacy ) bishops and arch because they benefit no one ( Rickard v. Rob
bishops were to be nominated by congé 8on, 3 ] Beav. 244 ) ; secur, for maintaining
d'élire in the manner still in use (see title tablets in a church , because, semble, they
Conge D'ELIRE). Subsequently, the lesser benefit all right-minded churchgoing people
monasteries (1536–37) and also the larger (Hoare v. Osborne, L R. 1 Eq. 585).
monasteries ( 1510 ) were dissolved, and See CHARITABLE Uses .
thereby the legal and political revolution CHURLE . Among the Anglo -Saxons a
in the constitution of the church was tenant at will of free condition , who held
accentuated and rendered permanent. land from the thanes on condition of rent
The subsequent changes have been merely or services. They were of two sorts ; ( 1.),
religious, i.e., in matters of doctrine ; but at one who hired the lord's outland or tene
the present day, although the church is mentary land ,as our farmers do now ; (2.),
still united with the state, yet Dissent has the other, who tilled and manured the in
a substantive existence, and is not a system land or demesnes (yielding work and not
existing by toleration merely. rent), and were thence called his sockmen
See title NONCONFORMISTS.
or plouglimen. Spelman on Feuds; Cowel .
CHURCH DISCIPLINE ACT . This is the See title CEORL.
stat. 3 & 4 Vict. c. 86 ( Jenkins v. Cook, CINQUE PORTS. Five important havens,
1 P. Div. 80 ) ; it seems to be doubtful how
formerly esteemed the most important in
far it is affected by the Public Worship the kingdom . They were Dover, Sand
Regulation Act, 1874 ( 37 & 38 Vict. c. 55 ) ,
see Reg. v. Bishop of Oxford, 4 Q. B. Div. wich, Romuey, Hastings, and Hythe ;
245 ; and on app. 4 Q. B. Div. 525.
Winchelsea and Rye have since been
See title PUBLIC WORSHIP REGULATION added to the number. They have similar
franchises in many respects with the coun
Аст.
ties Palatine, and particularly had an exclu
CHURCH -RATES. These were abol sive jurisdiction (before the mayor jurats of
ished as a compulsory assessment by the the ports ), in which the king's ordinary writ
stat. 31 & 32 Vict. c. 109, and the payment did not run . These ports have a governor
of these or of any analogous assessment to called the Lord Warden of the Cinque
be collected instead of them was made Ports, who has the authority of an admiral
voluntary. The assessment while it existed amongst them , and used to send out writs
was made in a stry meeting ; it fell gene in his own name. But the king's writ now
rally upon all such property as was rateable runs to, and is executed in , these ports in
to the poor-rate ; it went to support the like manner as in other parts of the king
temporal necessities of the church . The dom (see C. L. P. Act, 1852, s. 122 ).
Act expressly preserves the compulsory CIRCUITS. These are the routes taken
payment of church rates when and so long by the several judges in holding the
as the rates are a security for money bor assizes. The judges appear to have gone
rowed ; also, where they are in extinguish circuit for the first time towards the end of
ment or in abolition of tithes or like
charges on property within the parish. Henry I.'s reign . In more recent times
the stat. 3 & 4 Will. 4 , c. 71 , regulated the
CHURCHWARDENS. These, although appointment of convenient places for hold
laymen , are a species of ecclesiastical ing the assizes ; and the stat. 26 & 27 Vict.
officers, being sworn in by the archdeacon c. 122, enabled the Queen in Council to
or bishop of the diocese. They are en alter the circuits. Until the year 1876
trusted generallywithseeing to the repairs, there were eight circuits in England and
management, and good order of the church , Wales, viz. , Home, Norfolk, Midland,
and to decency of conduct therein . They Northern, Oxford, Western , South Wales,
are a body corporate, and may as such be and North Wales ; however, in the last
sued for the goods of the church , and are mentioned year, some important changes
answerable to their successors in office. were effected, and the circuits as now
Usually, the parishioners elect one, and arranged are seven in number, namely ,
the parson the other church warden , the Northern , North -Eastern, Midlund, South
customary number being two. In virtue Eastern , Oxford, Western . and North and
of their appointment, church wardens are South Wales, the Home Circuit being (as
overseers of the poor. such ) abolished ; and the assizes are held
See title Poor. four times a year, special provisions being
CHURCHYARD. Is the freehold of the made by the Winter Assizes Acts ( 1876 ,
parson or rector; but by the statute Ne 1877) for the grouping of counties for
criminal business.
Prosternat Arbores, he may not commit
waste therein . Gifts to maintain a tomb . CIRCUITY OF ACTION . Is where a
stone in a churchyard are void , and , semble, party to an action , by an indirect and cir
93
CIRCUITY OF ACTION- continued . CIRCUMSTANTIAL EVIDENCE . That
cuituous course of legal proceeding, makes evidence which may be afforded by parti
two or more actions necessary, in order to cular circumstances. It is called circum
obtain that justice between all the parties stantial evidence in contradistinction to
concerned in the transaction , which by a that species of evidence which is of a more
more direct course might have been guined positive and unequivocal nature. Whence
in a single action . As in an action on a the latter is sometimes called direct evi
contract, in which the defendant, instead of dence, and in that case circumstantial is
giving in evidence a breach of the war designated indirect. Sometimes also, it is
ranty in mitigation of damages, allows the called the doctrine of presumptions; be
plaintiff to recover the full amount of the cause when the fact itself cannot be proved
contract in the first action , and then sub it may be presumed, by the proof of such
sequently commences against him a cross circumstances as either necessarily or
action to regain the amount to which the usually attend such facts, being in the
consideration had failed . Formerly indeed, former case conclusive, and in the latter
he was compelled to bring a cross action, more or less cogent only.
and had no other remedy, but more re See titles DIRECT EVIDENCE ; PRESUMP
cently " the cases have established that TIONS IN CRIMINAL LAW.
the breach of the warranty may be given CIRCUMSTANTIBUS, TALES DE. Lite
in evidence in mitigation of damages, on rally, like persons out of those present or
the principle it should seem , of avoiding standing by. This phrase is applied to the
circuity of action.” ( Per Tenterden, C.J., making up the number of persons on a jury,
2 B. & Ad. 462 ). The desire to avoid
circuity of action was one of the principal by taking some of the casual bystanders,
who happen to be qualified for serving on
reasons that led the Court of Chancery to a jury. This takes place when the jurors
assume concurrent jurisdiction (e.g., in who are empanelled, from some cause or
fraud, & c.) with the Courts of Common
Law ; and this reason is acted upon in other, do not appear or, if appearing, are
numerous instances under the Judicature challenged by either party, and so disqua
Acts. lified.
See title CHALLENGE OF JURORS.
CIRCULAR NOTES. These are similar
CITATION . The process used in the
instruments to Letters of Credit. They Ecclesiastical Courts and Court of Probate
are drawn by bankers in this country upon
their foreign correspondents in favour of and Divorce, to call the party - defendant
or respundent, before them . It is analogous
persons travelling abroad. The correspon to the writ of summons at Common Law .
dents must be satisfied of the identity of
the applicant before payment; and the CITATIONS, LAW OF : See title LAW OF
requisite proof of such identity is usually CITATIONS.
furnished, upon the applicant's producing
a letter with his signature, by a comparison CITY . In this country is a town which
of the signatures. is or which hath been the see of a bishop ;
CIRCUMSPECTE AGATIS . The title of
and yet there seems to be no necessary
connection between a city and a see ( 1
the stat. 13 Edw. 1 , regulating the juris Steph. Black. 130 ). Other towns are called
diction of the temporal and ecclesiastical boroughs, and may or may not send
Courts. The date usually assigned to this members to Parliament.
statute is 1285 ; but there seems to be
reason to believe that it was not in exist CITY OF LONDON. This city is the
ence at that period . It was, however, cited capital of the Empire . It constitutes no
as early as 19 Edw . 3. It originally was part of the county of Middlesex, although
not a statute, but a writ supposed to have locally situate therein ; whence the Middle
been issued in pursuance of the statute sex Registry Act does not apply to lands
called Articuli Cleri (see that title ), of within the city . Also, the nisi prius
which, in the form in which it is printed sittings of the High Court for London are
both in the authentic and ordinary edition held at the Guildhall, i e., City Hall, and
of the statutes, it is a repetition and not (as for Middlesex) at Westminster.
abridgement. It was probably a writ of The city has in addition its own peculiar
mandate, framed for the purpose of being court, viz., the Lord Mayor's Court, which ,
issued by the king to his judges on behalf however, now occupies the position of an
of the Spiritual Courts, in or after 1315, inferior Court, in this respect differing from
and embodying what were then supposed the Chancery Court of Lancaster. And it
to be the legitimate objects of the juris has also a Sheriff's Court, now called the
diction of those latter Courts. Its authority City of London Court, which is comprised
as a statute , is, however, no longer ques within the County Courts Act, 1867 ( 30 &
tioned. 12 Ad. & El. 315. 31 Vict. c. 142). The city enjoys certain
CITY OF LONDON - continued . CIVIL LIST, SETTLEMENT OF-contd.
exceptional privileges and customs, and civil list. At this period the civil list em
more particularly the freemen of the city braced not only the support of the king's
and their wives and families ; also, the very person and dignity, but also the salaries of
speedy and efficacivus remedy called Fo- civil officers and pensions.
reign Attachment, whereby moneys belong- In this condition the civil list remained
ing to the alleged debtor may be seized or during the reigns of Anne, George I.,
attached and (in effect) impounded before and George II .; but on the accession of
judgment in the action . George III . that king gave up the bere.
CITY OF LONDON COURT : See title ditary revenues of the Crown in England
CITY OF LONDON . altogether, in consideration of a civil list
of £ 800,000 a year . He still retained,
CIVIL DEATH . If a man entered into a however, the hereditary revenues of the
monastery, or abjured the realm , he was Crown in Scotland, the Duchies of Cornwall
formerly , and if he is outlawed for treason and Lancaster, the Irish civil list, and
or felony or other cause , he still is, dead in various other sources of revenue , amounting
law, and therefore if an estate be granted not unfrequently to the annual sum of
to any one for his life generally, it would £4,700,000 odd. But notwithstanding this
determine by such civil death . For which vast income, George III. was always in
reason in conveyances the grant is usually debt, through the great multiplication of
made “ for the term of a man's natural pensions and sinecure places, these being
life,” which can only determine by his the means which that prince adopted with
natural deaih . ( 3 Inst. 213 ; 3 P. Wms. aCro
view to increasing the influence of the
37, n . (B) ; 2 Rep. 48 b.). wn .
CIVIL LAW . In its general signification In view of these abuses, Mr. Burke in
it is the established law of every particular 1780 proposed his scheme of “ economic
nation , commonwealth, or city, and is the reform ;" and in 1782, the Rockingham
same with that which is called Municipal Civil List Act was passed , in virtue of
Law . In its particular signification, how which many useless offices were abolished,
ever, it usually means the Roman Law, as the pension list was diminished , and the
comprised in the Institutes, Code, and civil list expenditure was divided under
Digest of the Emperor Justinian . eight heads. But the civil list was still
suffered to comprise ( in addition to the
CIVIL LIST, SETTLEMENT OF. Prior support of the king's person and dignity)
to the Revolution of 1688, it was customary the expenses of the civil government; viz.
to grant to the king at the commencement the salaries of judges, &c. , annuities to
of each reign the ordinary revenues of the members of the royal family, salaries in the
Crown (see title Taxation, HISTORY OF ), diplomatic service, and numerous public
without imposing any limitation upon his pensions.
personal expenditure . These revenues were During the reigns of George III. and
estimated in times of peace to be suflicient George IV. various of these latter items of
for the support of his majesty's person expenditure ceased to be chargeable on the
and household , and for the maintenance of civil list ; and upon the accession of Wil
his civil and military government; for all liam IV ., the civil list was still further
extraordinary occasions, such as times of relieved , and in particular, from judicial
war, grants of extraordinary supplies were salaries, pensions , and diplomatic service
made to him . In the reign of Charles II. salaries, and at the same time that king
the principle of appropriating the supplies surrendered all the hereditary revenues of
to the specific services had been formally the Crown. Upon the accession of Queen
established , and such appropriation was in Victoria, the Crown was finally restricted
fact made the condition, or one of the con- to a definite annuity of £ 385,000 for the
ditions, upon wbich the same was granted ; support of the person and dignity of the
but notwithstanding that such was the sovereign, and Her Majesty was empowered
recognised principle or condition of the to grant pensions annually to the extent of
grant, it is certain that Charles II. mis- £1200.
applied towards his own private pleasures The Crown still retains the revenues of
a large amount of these supplies. the Duchies of Cornwall and Lancaster,
Accordingly, upon the accession of Wil- those of the latter being the property of
liam and Mary, Parliament provided sepa- the reigning sovereign, and those of the
rately for the king's civil list a sum of former the property of the Prince of Wales
£700,000, derived in part from the here- as Duke of Cornwall ; and the Crown pos
ditary revenues of the Crown, and partly sesses the capacity to acquire and also to
from the excise duties, and voted in addi- dispose of other private property, under the
tion the sum of £ 500,000 for the other ex- Act of 39 & 40 Geo . 3, c. 88, and has ac
penses of government not included in the quired further facilities for these purposes
CIVIL LIST, SETTLEMENT OF - contd . CLAIM , CONTINUAL — continued .

by the Crown Private Estates Act, 1873 to his heir , yet notwithstanding its having
(36 & 37 Vict. c. 61 ). so descended, the disseisee might have en
CIVIL SIDE. The legal business of the tered upon the possession of the heir, by
virtue of such continual claim . Such a
assizes is arranged according to the natural claim must always have been made within
division of such cases as are merely civil , a year and a day before the death of the
in which the disputes of subjects ( citizens) person holding the land, and as the claim
as to property are decided, and those of a ant could not know when such death would
criminal nature, when men are charged take place, he was therefore obliged con
with offences against the welfare of society tinually to be making such claim : i.e., at
at large. In the county -hall or court in the expiration of every year and a day, in
which the trials take place, it is very usual order that he might be sure of his claim
for one side or portion of the building to be being made within a year and a day of the
appropriated to the hearing of cases of the tenant's death , and hence it was termed
former character, and the other side or continual claim ( Litt. 414 ). But no such
portion to the hearing of those of the latter continual claim is of any ntility at the
character. And hence the phrase has be present day to preserve a right of entry, or
come common that the judge is either sit
ting on the civil side or on the cri distress, or action, 3 & 4 Will. 4, c. 27, s. 11 .
minal side, ” meaning thereby that he is CLAIM , STATEMENT OF : See title
STATEMENT OF CLAIM .
either presiding at Nisi Prius or trying a
prisoner, as the case may be. It is now CLARENDON, CONSTITUTIONS OF. In
custonary for two judges to attend circuit the reign of Henry II., A.D. 1164, Black
together, and then one of them sits on the stone states that there are four things
“ civil," the other on the “ criminal side." which peculiarly merit the attention of the
CIVILIS OBLIGATIO . See title Natu. legal antiquarian , one of which is the con
RALIS OBLIGATIO. stitutions of the parliament at Clarendon ,
whereby the king checked the power of
CIVILIS POSSESSIO . See title POSSESSIO the pope and his clergy, and narrowed the
CIVILIS. exemptions they claimed from the secular
CIVILITER . In a man's civil character jurisdiction. These Constitutions enacted
or position, or by civil, in opposition to in substance that the king's Courts should
criminal , process ; as “ sheriffs who execute try all contested rights of advowson and
process at their peril are answerable civi. presentation ; ecclesiastics should obey the
liter for what they do upon it,” or “ a man king's summons; appeals from the arch
may, without his own fault, be possessed bishop should be to the king alone ; all
of a horse which has been stolen, but disputes regarding lands between eccle.
nevertheless he is answerable civiliter to siastics and laymen should be tried by the
the true owner of it. ” ( 1 B. & P. 409, per king's justices; all pleas of debt, notwith
Rooke, J.). standing the same may be affected with a
CLAIM Was a mode of instituting trust, should be determined in the king's
Courts, with other provisions of a similar
certain (chiefly administrative) proceed character.
Chancery,after
of abolished without
filing bill . Court
ings ina the It was the CLASS, GIFT TO. Gifts to a class do
14th of February, 1860. A summons now not lapse like gifts to an individual, if any
member or members of the class survive
effects the sameobject substantially. the death of the testator ; also usually the
CLAIM , CONTINUAL . When a man class is ascertained at the testator's death ,
was entitled to enter into any lands or tene but it may (upon the actual words used )
ments of which another was seised in fee diminution after
be liable to increase or
or in tail, and he who was so entitled maile the death ; and it may even be ascertained
continual claim to the lands or tenements during his lifetime.
before he who was so seised, died seised See title LAPSE.
thereof ; then even in the event of such CLAUSUM FREGIT (he broke the close).
person dying seised of the same, and the Every unwarrantable entry on another's
lands or tenements descending to his heir, soil the law entitles a trespass by breaking
might he who made such continual claim , his close. The words of the writ of trespass
or his heir, have entered into the lands or command the defendant to shew cause ,
tenements so descended by virtue of his
having made such continual claim . So quare clausumquerentis fregit.
See title TRESPASS.
if a man were disseised, and the disseisee
made continual claim to the tenements CLEARANCE. The master of a vessel,
in the life of the disseisor, and the disseisor ready to commence its voyage, obtains the
died seised iu fee , and the land descended necessary clearance (or transire) from the
CLEARANCE -- continued . CLERGYMEN . These, who are other
customs officer or other the proper autho wise called clerks in holy orders, enjoy cer
rity of the port of departure . A clearance tain privileges, and are subject to certain
is usually granted upon the master's de disabilities in law . Thus, on the one
claring the nationality of the vessel, and hand, they are exempt from serving on
prodlucing certificates of competency, and juries ( 6 Geo. 4, c . 50), and they are pro
paying the port dues. Putting off without tected from all obstructions in the dis
a clearance subjects the cargo to forfeiture, charge of their duty (24 & 25 Vict, c. 100,
and the guilty persons to other penalties 8. 36 ) ; while, on the other hand, they
( 16 & 17 Vict. c. 107). cannot be members of the House of Com
CLERGY : See title CONVOCATION. mons, and labour under a general disability
as to trade ; but they may be owners of
CLERGY, BENEFIT OF, or privilege of shares in a company ( Lewis v. Bright, 4
clergy, formerly signified certain privileges El . & Bl. 917 ). Their professional and
or exemptions which the clergy alone en private conduct is more severely judged of
joyed. It had its origin from the pious than is that of private individuals in
regard paid by Christian princes to the general, the entire body of the Canon Law
church in its infant state. The ex emp being binding upon them .
tions which were granted to the church See titles Canon Law ; CONVOCATION .
were principally of two kinds :-( 1 .) Ex CLERK OF THE ARRAIGNS. The offi .
emption of places consecrated to religious cial who addresses the prisoner upon his
duties from criminal arrests, which was the
foundation of sanctuaries ; (2. ) Exemption arraignment is so called . He requires him
of the persons of clergymen from criminal to hold up his hand in answer to his name,
then reads the indictment to him , and asks
process before the secular judge in a few him to say whether he is guilty or not
particular cases, which was the true original guilty of the crime whereof he stands in
meaning of the plırase “ benefit of clergy. " dicted .
In England, however, a total exemption of
the clergy from secular jurisdiction could CLERK OF THE ASSIZE . A clerk
never be thoroughly effected , though often whose duty it was to record all thivgs
endeavoured by the clergy ; and therefore, judicially done by the justices of assize in
though the aucient benefit of clergy was in their circuits (Cromp. Juris. 227 ; Cunning
some capital cases, yet it was not univer hum ); abolished by 7 Will. 4 & 1 Vict. c. 30.
sally allowed . And in some particular
CLERK OF CENTRAL OFFICE. The
cases, the use was for the bishop or ordinary clerks of the central office of the Supreme
to demand the clerks to be remitted out of
the king's Courts as soon as they were in Court of Judicature Act are classified as
dicted ; concerning the allowance of which principal clerks, first class clerks, second
demand there was for many years great un class clerks, and copying clerks.
certainty, till at length it was finally settled See title CENTRAL OFFICE ( SUPREME
COURT ).
in the reign of Henry VI., that the prisoner
should tirst be arraigned, and might then CLERK OF THE CHANCERY . See title
claim liis benefit of clergy by way of de CHIEF CLERK .
clinatory plea ; or after conviction by way CLERK OF THE COMMONS. An officer
of arresting judgment. But afterwards other whose duty it is to attend to matters con
persons were placed upon the same footing nected with the business of the House of
with the clergy with respect to this privilege. Commons. He is assisted by two “ clerks
It was formerly required that those who assistant, ” who sit at the table with him ;
claimed benefit of clergy should be able to he signs orders of the House, indorses
rtad ; but by 5 Ann . c . 5, it was enacted bills, reads anything required to be read,
that the benefit of clergy should be granted and makes short minutes of the business
to all those who were entitled to ask it, transacted known as the “ Votes and Pro
without requiring them to read by way of ceedings.” He holds his office for life
conditional merit, hence persone convicted under the Crown, und is appointed by
of manslaughters, bigamies, and simple or letters patent.
grand larcenies, & c., were asked what they This is an
had to say why judgment of death should CLERK OF THE CROWN.
not be pronounced upon them ; and they officer of the Courtof Chancery, aj pointed
were then told to kneel down and pray the under the Royal Sign Manual. He per
benefit of the statute . The abuses attend forms the duties of the Clerk of the
ing the privilege grew very many, and a Hanaper; his office is continued by the
better code of criminal law and procedure Great Seal (Offices) Act, 1874 ( 37 & 38
in later days tacitly supplanted the plea, Vict. c. 81 ), which also regulates the fees to
which was ultimately abolished altogether be taken in the oflice. His duties are not
by the stat. 7 & 8 Geo. 4, c. 28, 8, 6 . contined to the Court of Chancery, but
97
CLERK OF THE PEACE . An officer be
CLERK OF THE CROWN - continued . longing to the sessions of the pence , whose
follow the Lord Chancellor even to Parlia duty it is to read indictments, to enrol the
ment. Thus, upon the meeting of a new Acts, draw the process, and perform various
Parliament, the Clerk of the Crown in other duties connected with the adminis
Chancery delivers to the Clerk of the House tration of justice at the sessions .
of Commons a list of the names of members
CLERK OF THE PETTY BAG . An offi
returned to serve in the Parliament, after
which the Commons go up to the House of cer of the Court of Chancery , whose duty
it used to be to record the return of all
Lords, and the Lord Chancellor addresses
inquisitions out of every shire ; to make
them generally upon the objeed
ct and pur out patents of customers , gaugers, control
poses of their being summon to Parlia
ment. The Clerk of the Crown also lers, and aulnagers ; all congés d'élire for
certifies in like manner the election of bishops ; the summonses of the nobility,
representative peers for Scotland and Ire. clergy, and burgesses to Parliament , & c.
land . Moreover, all warrants to issue new 33 Hen . 8 , c. 22 ; Cowel. The office is
writs are directed to him ; and he reads all abolished on next vacancy (42 & 43 Vict.
the titles of bills at the time the roval c. 78) .
assent is signified to them by commission CLERK OF THE PRIVY SEAL. There
(See May's Parl. Prac. 7th ed ., pp. 185, are four of these officers , who attend the
187-8 , 630, and 529 ) . lord privy seal , or in the absence of the lord
privy seal, the principal secretary of state.
CLERK OF THE HANAPER , or HAMPER . Their duty is to write and make out all
An officer of the Court of Chancery, whose things that are sent by warrant from the
duty it was to receive all the money due to signet to the privy seal, and which are to
the king for the seals of charters,patents, be passed to the great seal; and also to
commissions, and writs ; and also fees due make out privy seals (as they are termed )
to the officers for eurolling and examining upon any special occasion of his majesty's
the same . Cowel. affairs, as for the loan of money and such
CLERK OF THE HOUSE OF COMMONS.
like purposes. 27 Hen . 8, c. 11. Cowel.
An officer appointed by the Crown , whose CLERK OF THE SIGNET . An officer
e rd
duty it is to mak a reco of the proc eed whose duty it is to attend on his majesty's
ings of the House, which be or his deputies principal secretary, who always has the
ly
enter upon the journals, to receive and custo of the privy signet, as well for the
preserve the petitions presented to the purpose of sealing his majesty's private
House, and generally to assist the Speaker letters, as also grants which pass his
in the details of his duties . He is usually majesty's hand by bill signed : there are
a barrister -at-law . Similar officers are four of these officers, 27 Hen. 8, c. 11 .
employed in the House of Lords. By the Cowel.
33 Geo. 3, c. 13, the clerk of Parliament is CLOSE ROLLS and CLOSE WRITS.
directed to indorse on every Act, imme Certain letters of the king sealed with his
diately after the title thereof, the day, great seal and directed to particular per
month , and year when the same shall have sons and for particular purposes, and not
passed , and shall have received the royal being proper for public inspection, are
assent; and such indorsement shall be taken closed up and sealed on the outside , and
to be part of the Act, and shall be the date are thence called writs close ( literæ clausa ),
of its commencement, where no other com and are recorded in the close rolls in the
mencement shall have been provided by the same manner as others are in the patent
Act.
rolls ( literæ patentes ), or open letters.
CLERK OF THE PARLIAMENT ROLLS . CLUBS. These are companies, but not
An officer in the High Court of Parlia being for profit are not within the mean
ment, who records all things done therein , ing of the Winding -up Acts ( In re St.
and engrosses them fairly on parchment James's Club, 2 De G. M. & G. 383). They
rolls, for their better preservation to pos are essentially social, and the exclusion of
terity. There is one of these officers to a member, if notwanton, is without remedy
each House of Parliament. Cowel. ( Hopkinson v. Exeter (Marquess ), L. R.
See also title CLERK OF THE HOUSE OF 5 Eq. 63 ).
COMMONS. COAL MINES REGULATION ACT. The
-CLERK OF THE PARLIAMENTS . An Act at present in force is the stat. 35 & 36
officer of the House of Lords, whose duties Vict. c. 76, which applies not only to coal
are similar to those of the chief clerk of mines, but also to mines of stratified iron .
stone and such like. The Act contains very
the House of Commons . many minute and exacting regulations, re
See title CLERK OF THE HOUSE OF
lating to (among other things) the employ
Commons. H
COAL MINES REGULATION ACT - con COGNISANCE or CONUSANCE - contd .
tinued. . It is used
signifies an acknowledgment
ment of women, young persons, and children in this sense when applied to fines, or
above and below ground, the maintenance those fictitious suits, by means of which
of two open shafts to every mine, inspectors estates in lands were transferred from one
and inspections, arbitrations in disputes, and party to another. Thus a fine “ sur cog
proper ventilation and management gene nisance de droit " signified a fine “ upon
rally . Penalties are imposed upon persons acknowledgement of the right." ( See title
offending against the provisions of the Act, CONCORD.) 2nd. The word is applied to
not exceeding £20 ) on the owner, agent, or that plea or answer put in by the defendant
manager, and not exceeding £2 on other in an action of replevin, when he acknow
persons for each offence, and (after notice) ledges the taking of the distress in respect
£ 1 for every day that the offence continues ; of which the action is brought, but insists
also, imprisonment for a period not exceed that such taking was legal, as he acted
ing three months for wilful offences causing with the command of another who had a
danger to life or limb. right to distrain . Here, it will be observed ,
See title METALLIPEROUS Mines REGU the defendant makes an acknowledgment
LATION ACTs . of the fact charged against him , but offers a
COASTGUARDSMEN . Are entitled to legal excuse for his conduct. (See Trevilian
salvage, where they render services that are v . Pyne, 1 Salk. 107 ; Chambers v. Donald
beyond the scope of the duties imposed son, 11 East, 65.) 3rd . It is used in the
upon them by law. The rate of remunera sense of judicial notice or superintendenco.
tion in such cases is regulated by 18 & 19 Thus cognisance of pleas signifies the
Vict. c 91 , s. 20 . right or privilege granted by the Crown to
See title SalvaGE. any person or body corporate, not only to
COASTING SHIPS : See title COASTING hold pleas within a particular jurisdiction ,
TRADE. but also to take cognisance of them, i.e., to
COASTING TRADE. All trade by sea take judicial notice or superintendence of
them , in other words to have jurisdiction
from any one part of the United Kingdom to hear them .
to any other part thereof. The ships See titles AvowRY ; REPLEVIN.
employed in this trade are called Coasting COGNITOR . In Roman Law , was a
Ships; and such ships are strictly confined
to the coasting trade. Kay's Ship. 119. procurator, only more formally appointed,
CODICIL. A supplement to a will, or that is to say, he was appointed in the
presence of the other side, and by a set
an addition made by the testator and form of words.
annexed to the will , being written for the See title PROCURATOR .
explanation or alterution of, or for the pur COGNIZEE : See title CONCORD .
pose of making some addition to , or some
subtraction from , the dispositions of the COGNIZOR : See title CONCORD .
testator as contained in his will. In the COGNOVIT ACTIONEM . An instrument
Roman Law, a codicil was an informal will ; signed by a defendant in an action, con
but in English Law, the formalities of fessing the plaintiff's demand to be just.
execution and of attestation are as strict The defendant who signs this cognovit
in the case of codicils as in that of wills.
See title WILLS. thereby empowers the plaintiff to sign
judgment against him , in default of his
COEMPTIO. Was a process of convey. paying the plaintiff the sum due to him
ance per aes et libram , whereby a woman within the time mentioned in the cognovit.
was placed in manu of the purchaser or Under the stat. 1 & 2 Vict. c. 110, s. 9,
grantee ; and such purchaser or grantee every such cognovit must be attested by an
might either be a stranger or the husband attorney, who must also under stat. 32
of the woman ; and if he was her husband, & 33 Vict. c. 62, s. 24, have explained to
then besides being in manu she was also the debtor the nature of the instrument.
put in loco filiae to him. Coemptio to the And under the last -mentioned statute ,
husband was said to be matrimonii causâ ; s. 26, every cognovit must be filed with
to a stranger it was said to befiduciae causâ, the clerk of docquets and judgments in the
e.g., to get rid of an old tutor, and obtain a Court of Queen's Bench within twenty -one
new one , days next after the execution thereof,
See titles CONFARREATIO ; Usus Mu otherwise the same is void as being fraud
LIERIS . ulent against creditors.
COGNATI. See titles AGNATI ; NEXT See also title ATTORNEY, WARRANT OF.
OF Kin. COHABITATION , Bonds to induce
COGNISANCE or CONUSANCE . This future illicit cohabition are void ; but when
word has several significations. 1st. It in consideration of past cohabitation (i.e. ,
COHABITATION — continued . COLLATERAL ISSUE - continued .

in consideration of nothing ) they are good of person , i.e., that he is not the same
(3 Mac. & G. p. 100, note c). Either a person who was attainted , and the like ;
this question of fact, whether or not he is
husband ora wife maycompelcohabitation
by action for the restitution of conjugal the same person , is called a collateral
rights and otherwise ; but when the hus issue, and a jury is then empanneled to
band has committed an aggravated assault try this issue, viz., the identity of his
upon his wife, she may be protected, by person. It is a general rule of evidence,
that whatever would raise a collateral
order of the convicting magistrate, from issue is to be excluded , unless, semble, the
any resumption of the cohabitation. one in which the collateral issue
See title MATRIMONIAL CAUSES Act. case
should be settled by way of preliminary to
COIF . Serjeants -at-law were called ser the chief issue.
jeants of the coif, from the circumstance COLLATERAL SECURITY : See title
of the lawn coif which they wore on their COLLATERAL.
head, under their caps, when they were
elevated to that rank . It was originally COLLATERAL WARRANTY . In alien
used to cover the crown of the head, ating property by deed , there was usually
which was closely shaved, and a border of a clause in it called the clause of war
hair left round the lower part, which made ranty , whereby the grantor, for himself
it look like a crown , and was thence called and his heirs, warranted and secured to
corona clericalis , or tonsura clericalis. the grantee the estate so granted. This
Cowel. Warranty was either lineal or collateral,
COINAGE OFFENCES : See titles Coun Lineal warranty was where the heir de
rived , or might by possibility have derived
TERFEIT COIN ; MINT, his title to the land warranted , either
COLLATERAL, from the Lat. laterale, from or through the ancestor who made
that which hangs by the side. Its legal the warranty ; as where a father, or an
signification does not differ from its com elder son in the life of the father, released
mon acceptation . Thus, a collateral assur to the disseisor of either themselves or the
ance signifies an assurance beside the grandfather, with warranty, this was lineal
principal one. So when a man mortgages to the younger son. Collateral warranty
his estates as security to a party lending was where the heir's title to the land
him a sum of money, he also may enter neither was nor could have been derived
into a bond , as an additional or collateral from the warranting ancestor ; as where a
security. A collateral security is, there younger brother released to his father's
fore, something in addition to the direct disseisor, with warranty, this was collateral
security, and in its nature usually subor to the elder brother.
dinate to it ; and it is in the nature of a See title WARRANTY .
double security, so that when one fails the COLLATIO : See titles HOTUHPOT ; RE
other may be resorted to. DUCTION .
COLLATERAL CONSANGUINITY . That COLLATION TO A BENEFICE. Advow
which exists between persons who are de sons are either presentative, collative, or
rived from the same stock or ancestors , donative. ( 1. ) An advowson presentative is
however remote. Every person who is where the patron has a right of presentation
descended or propagated from the same to the bishop or ordinary, and moreover to
stem (i.e., from the same male or female demand of him to institute his clerk, if he
lineal ancestor) from which any other par finds him canonically qualified, and this is
ticular person is descended or propagated , the most usual kind of advowson. (2.) An
and who is neither the immediate parent advowson collative is where the bishop and
or progenitor, nor the progeny of such patron are one and the same person, in
particular person, is properly and aptly which case the bishop cannot present to
denominated or defined to be a collateral himself, but in the one act of collation , or
relative. And when any person is the conferring of the benefice, he does all that
collateral relative of any other person , all is usuallydone in presentative advowsons
the descendants from such persons, reci by both presentation and institution . 3. Re
procally and respectively, are collateral garding the advowson donative, see title
relations. ADVOWSON .
See title LINEAL CONSANGUINITY . COLLIGENDUM BONA DEFUNCTI
COLLATERAL DESCENT : See titles (Letters ad ). When a person dies intes
DESCENTS ; LINEAL DESCENTS. tate and leaves no representatives or
COLLATERAL ISSUE . When a pri creditors to administer, or leaving such
Boner has been tried and convicted , and he representatives and creditors, they refuse
then pleads in bar of execution diversity to take out administration, & c ., the judge
H 2
COLLIGENDUM BONA DEFUNCTI- COLONIAL GOVERNORS — continued .
continued . by them in their capacity of governors
of the Court of Probate may commit ad- ( Luby v. Lord Wodehouse, 17 C. L. Rep.
ministration to such discreet person as he ( Ireland) 618) ; and à fortiori, they are not
approves of, or grant him these letters ad liable in such cases, where the legislature
colligendum bona defuncti ( to collect the of the colony has passed an Act of in
goods of the deceased ). Such a grant is demnity ( Phillips v. Eyre, L. R. 6 Q. B. 1 ).
purely official , and does not constitute the
COLONIAL LAW . The stat. 6 & 7 Vict.
grantee executor or administrator, his only C. 34, provides for the apprehension of
business being to take care of the goods, and
to do other acts for the benefit of those who offenders within the United Kingilom es
are entitled to the property of the deceased. caping to the colonies, and vice versa, and
See title ADMINISTRATION, GRANT OF. for their being sent for trial to the juris
diction within which the offence was com
COLLISION. The old common law rule, mitted ; and the stat. 12 & 13 Vict. c. 96,
regarding damages to ships in collision, provides for the trial in the colonial courts
was that in case of contributory negligence of offenders upon the seas afterwards
neither vessel recovered ; but since Nov. 2, coming within the colonial jurisdiction ;
1875, the rule of the Court of Admiralty and the stat. 37 & 38 Vict. c. 27, provides
has been adopted, viz., the following, - for the punishment that may be inflicted
That the damages are equally divided, on conviction .
each party recovering one moiety of bis See titles COLONIES ; FOREIGN JURIS
own loss, and each party paying his own DICTION ,
costs ( The Milan, Lush . 395 ). Of course, COLONIES. As a general rule, a colony
where the collision is the result of inevia
table accident (and not of negligence), acquired by discovery and occupation is to
there is no liability, and no damage re be governed by the laws of England ; and
coverable ( Judgment of Lord Stowell in The if acquired by conquest, or by cession, then
Woodrop Sims, 2 Dods. 85). There are by its own laws, so far as they are not
numerous statutory provisions intended to contrary to morality, and until the con
queror sees fit to change them. But when
obviate the frequency of collisions at sea, - the laws of England depend upon circum
e.g., regulations as to lights, signals, cross stances that are peculiar to England, and
ing vessels, vessels overtaking each other,
which do not apply to the colonies also,
& c. ( See Kay's Shipmasters, 933-952). then these particular laws of England do
COLLUSION. A deceitful agreement or not hold good even in colonies acquired by
compact between two or more persons for discovery or occupation, e.g., the Law of
the one party to bring an action against Mortmain in theIsland of Grenada (At
the other for some evil purpose, as to torney -General v. Stewart, 2 Mer. 143) ; and
defraud a third party of his right ( Les the law (now abolished) against aliens
Termes de la Ley). As a general rule, holding real property in India (Mayor of
collusion between the parties to an action Lyons v . East India Co., 1 Moo, P.C. C.
is fatal to the success of it, e.g., in proceed- 175 ). The Crown may in the case of
ings for a divorce ; and a judgmentobtained colonies acquired by conquest or cession
by collusion in one action is not pleadable grant them a legislative assembly;: and in
as a res judicata in a second action (Girdle- the case of colonies acquired by discovery
stone v. Brighton Aquarium Co., 3 Exch. or occupancy, it may sanction the consti.
Div. 137) ; but in particulur instances it is tution of a representative legislature for
not so , as in the old proceedingsfor suffering them . And thereafter the Crown's power
a common recovery. of legislation is at an end, as regards
colonies of all kinds, which are thereafter
COLONIAL COURTS : See titles COLONIES ;
COLONIAL GOVERNORS ; COLONIAL LAW. governed by the acts of their own legis
latures in conjunction with and subject to
COLONIAL GOVERNORS. By stat. 11 the acts of the Imperial legislature; but
& 12 Wm. 3, c. 12, governors guilty of only such acts of the Imperial legislature
oppression , or other crimes or offences in extend to the colonies as expressly, or by
their colonies, may be tried in the Queen's reasonable implication, are intended so to
Bench or by special commission ( Fabrigas do ( 1 Steph . Black. 109-110).
v. Mostyn, Cowp. 161 ) ; and they may be By the statute 28 & 29 Vict. c. 63, any
sued in the courts of their own colony or colonial law that is repugnant or contrary
dependency in respect of civil matters to any Act of Parliament extending to the
(Hill v. Bigge, 3 Moo. P. C. Cas. 465). particular colony, or that is repugnant or
But they or any other governors are not contrary to any order made under the
liable in the courts of their own govern- authority of the Act, is to be read subject
ment for matters of an executive (although to such act or order, and is to be void to
abstractly criminal) character committed the extent of the repugnancy .
COLOUR . A technical term used in COLOUR -- continued .

pleading to signify that apparent right of to trespass and trover, and in those ac
the opposite party, the admission of which tions extended to no other pleading than
is required in all pleadings, by way of the plea. The form adopted in trespass
confession and avoidance. Of such plead to land was to allege a defective charter
ings it is, as the name imports, of their of demise, and in trespass for taking goods,
very essence to confess the truth of the that the defendant delivered the goods to
allegation which they propose to answer or a stranger, who delivered them to the
avoid, which formerly was done by an in plaintiff, from whom the defendant took
troductory sentence, “ True it is that, & c.,” them. By these allegations a colourable
preceding the defence relied upon in or apparent right was given to the plain
answer. But though this formal admis tiff in both cases, and the pleas were ren
sion is now generally abandoned , it is dered good, which otherwise would have
still essential that the confession clearly been defective for want of colour (Stephen
appear on the face of the pleading. In on Pl. 229 et seq.; 1 Ch. Pl . 504 ; 3 Reeves,
many places it is absolute and unqualified ; E. L. 438.) But under the C. L. P. Act,
as, in an action on a covenant, a plea of 1852, & 64, express colour was no longer
release admits absolutely the execution of necessary, and the better opinion was that
the covenant and the breach complained under s. 49 of that Act, it was abolished ;
of ; but in some the confession is of a and certain it is, that under the present
qualified kind, or sub modo only. Thus, practice, no colour (either express or im
to an action of trespass for taking the plied) would be tolerated in any pleading,
plaintiff*s corn, a plea that the defendant unless so far as it arose naturally or neces
was rector, and that the corn was set out sarily from the nature of the defence .
for tithe, and that he took it as such rector, COMBINATION OF INVENTIONS : See
would be'a good plea by way of confession titles PATENTS ; TRADE -MARKS.
and avoidance. For though there is no
direct confession that the defendant took COMBINATION OF WORKMEN . The
the plaintiff's corn as alleged in the decla stat. 22 Vict. c. 31, enacts, in explanation
ration, but, on the contrary, an assertion of the stat. 6 Geo. 4, c. 129, that no work
of a title to the corn in himself, yet the man, by reason merely of his combining
plea implies thatthe plaintiff was the ori with other workmen for the purpose of
ginal owner, and entitled against all the fixing the rate of wages, or for the purpose
world, except the defendant. There is, of peaceably and without threat or intimi
therefore, a confession, so far as to admit dation dissuading others from working
sume sort of apparent right or colour of with a view to fixing the rate of wages,
claim in the plaintiff, and is therefore shall be deemed or taken to be guilty of
within the old rule laid down by pleaders the offence of molestation or obstruction ;
but the Act is not to authorize a workman
on this subject ; that pleadings in confession to break his contract. See also Trades
and avoidance should give colour. The
colour thus explained , inherent in the Unions Act, 1871 (34 & 35 Vict. c. 31 ), and
structure of all pleadings in confession and Criminal Law Amendment Act, 1871 (34
avoidance, is termed implied colour, to dis & 35 Vict. c. 32).
tinguish it from express colour, which, See title TRADE UNIONS.
instead of an implied admission, is a direct COMITIA . Was an assembly, either (1 )
and positive assertion of an apparent title of the Roman Curiæ, in which case it was
in the opposite party, introduced into called the comitia curiata vel calata ; or
pleadings of this nature to satisfy the rule (2) of the Roman centuries, in which case
as to confession or admission . This latter it was called the comitia centuriata ; or
kind of colour is employed or used to be (3) of the Roman tribes, in which case it
employed, in cases where the pleader was was called the comitia tributa . Only pa
desirous of pleading by way of confession tricians were members of the first comitia,
and avoidance to a traverse , and the facts and only plebeians of the last ; but the
of his case admitted no sort of title in the
comitia centuriata comprised the entire
opposite party, or, in other words, gave no populace, patricians and plebiansboth , and
implied colour. He then , for the express was the great legislative assembly passing
purpose of giving colour, inserted in his the leges properly so called , as the senate
plea a fictitious allegation of some colour passed the senatus consulta, and thecom
able but insufficient title in the plaintiff, itia tributa passed the plebiscita. Under
which he at the same time avoided by the the Lex Hortensia, 287 B.C., the plebis
preferable title of the defendant. And in citum acquired the force of a lex.
his replication the plaintiff was not allowed
to traverse the fictitious matter thus sug COMITY . As between nations, is the re
gested. The practice of giving express cognition by each of the laws of the others,
colour came to be almost entirely contined wherever those laws are applicable ; and
COMMISSIONS OF ASSIZE . Commis
COMITY
this recognit continue
— ion d.
is limited by the para- sions empowering the judges to sit on the
mount regard which each country has for circuit for the purpose of holding the
assizes. The commissioners of assize con
its own laws and its own citizens. stitute a branch of the High Court of
COMMANDITE : See title SOCIÉTÉ. Justice as fully as when they are sitting
at Westminster or in Lincoln's Inn.
COMMENDAM . The holding a living COMMISSION OF BANKRUPT. A com
or benefice
vacancy occurs) commendam
in holding (where
such isliving com-a mission or authority forinerly granted by
the Lord Chancellor to such discreet per
mended by the
is provided for Crown untilmay
it. This a proper pastor
be tempo- sons as he should think proper, to examine
rary, for one, two, or three years; or per- the bankrupt in all matters relating to his
petual, being a kind of dispensation to trade and effects, and to perform various
avoid the vacancy of the living, and is other important duties connected with
called a commenda retinere. These com- bankruptcy matters ; these persons were
thence called commissioners of bankruptcy,
mendams are now seldom granted except and had in most respects the powers and
to bishops. privileges of judges in their own Courts.
See title PLURALITIES. But regularly constituted Courts and
COMMENDATIO . A practice whereby judges in bankruptcy have nowsuperseded
landless men placed themselves under the such commissions and commissioners.
protection of a hlaford or lord , and who See title BANKRUPTCY .
thereby became answerable to justice for COMMISSION OF CHARITABLE USES .
them . A commission issuing out of the Court of
See title FRANK PLEDGE.
Chancery to the bishop and others, when
COMMENDATORS. Secular persons on lands which were given to charitable uses
whoni benefices or church livings are be- had been misemployed , or there was any
stowed. They are so called because the fraud or dispute concerning themto in
benefices were commended and intrusted to quire of and redress the same. The Charity
their oversight ; they are not proprietors, Commissioners are a more or less permanent
but only a kind of trustees. Where the commission to whom this duty is for the
bishop is commendatory, the grant is usually present exclusively assigned ; and they
made to him while he continues bishop specially watch over the management of
of the particular diocese, and not longer, charity properties, and may negative liti,
the intention of the grant being to aug- gation in the Courts regarding alleged
ment the revenues of the bishopric where mismanagement.
it is poor. See title CHARITABLE TRUSTS ACTS.
See title PLURALITIES. COMMISSION OF DELEGATES. When
COMMISSARY . In the Ecclesiastical any sentence was given in any ecclesiastical
Law is a title applied to those officers who cause by the archbishop , this commission
are ordained to supply the bishop's office under the great seal was directed to certain
in the distant places of his diocese, or in persons, usually lords, bishops, and judges
such parishes as were peculiar to the bishop, of the law, to sit and hear an appeal of the
and were exempted from the jurisdiction same to the king in the Court ofChancery.
of the archdeacon ( Lyndewood's Provin .; But latterly the Judicial Committee of the
Cowel). Privy Council has supplied the place of
COMMISSION . In English Law is much this commission.
the same as delegatio with the civilians, COMMISSION TO EXAMINE WIT
and is commonly understood to signify the NESSES. When a cause of action arises in
warrant, authority, or letters patent, which a foreign country, and the witnesses reside
empower men to perform certain acts, or there, or in a cause of action arising in
to exercise jurisdiction either ordinary or England, where the witnesses are abroad or
extraordinary. In its popular sense it fre- are shortly to leave the kingdom ; or if wit
quently signifies the persons who act by nesses residing at home are aged and infirm,
virtue of such an authority. There are and therefore cannotcome to Court ; in any
various sorts of commissions, which will be of these cases, a Court of Equity will graut
found under the following titles. The a commission to certain persons to attend
word commission also denotes the reward these witnesses wherever they may reside,
or remuneration paid to an ageut ( e.g., auc- and to examine them and take down their
tioneer) for work done by him ; but the depositions in writing upon the spot, and
agency is in such cases usually of a special these depositions are then received in
character, e.g. , a del credere agent. Court as valid evidence in the cause.
See title DEL CREDERE. See also titles EVIDENCE ; WITNESSES.
LAW
COMMISSION OF LUNACY . A commis COMMITTEE - continued .

sion issuing out of Lunacy authorizing and then passed or not passed , as the case
certain persons to inquire whether a person may be.
represented to be a lunatic is so or not, in COMMITTEE OF LUNATIC. Is the per
order that, if he is a lunatic, the king may Bon appointed by the lunacy jurisdiction to
have the care of his estate . The masters in take care of the person of a lunatic so
lunacy at the present day are permanent found by inquisition ;3 and such person is
officers appointed to discharge the duties of called the committee of the person of the
these commissions, under the Lupacy Regu lunatic. The same person or any one else
lation Act, 1862 (25 & 26 Vict. c. 86) ; and may be appointed the committee of the
the masters in discharging these duties are lunatic's estate .
answerable to the commissioners in lunacy,
being in a manner their deputies or agents. COMMITTEE ON PRIVATE BILLS. The
difference between a committee on a private
COMMISSION OF OYER AND TER bill and a committee on a public bill is,
MINER : See title OYER AND TERMINER . that while the latter consistsof the House
itself, with a chairman of comınittees pre
COMMISSION OF THE PEACE . A com siding instead of the Speaker, the former
mission from the king under the great seal, consists of a selected number of members
appointing persons therein named jointly who sit in a committee room and take evi
and separately justices of the peace . dence for and against the bill ; the wit
See title JUSTICES, &c. nesses being examined by counsel as in a
COMMISSION TO TAKE ANSWERS IN Court of Justice. In the Commons' com
EQUITY . When a defendant in a suit lived mittees on private bills, the public are
more than twenty miles from London, there admitted ; but from the Lords' committees
Inight have been a commission granted to they are excluded .
take his answer in the country, where the COMMITTEE, SELECT . A select com
commissioners administered to him the mittee consists of a certain number of
usual oath, and then the answer being members of either House of Parliament,
sealed up, either one of the commissioners appointed to inquire into and report upon
carried it up to Court, or it was sent by a matters specially referred to them. It is
messenger, who swore that he received it called a select committee, as distinguished
from one of the commissioners, and that from a committee of the whole house, a
the same bad not been opened or altered committee of supply , a committee of ways
since he received it. But latterly such an and means, &c.; and it usually conducts
answer might be sworn in the country its proceedings in a separate apartment pro
before any solicitor of the Court who had vided for thepurpose, and not in the body
been appointed a commissioner to administer of the House itself. Among the most im
oaths in Chancery. The present answer portant of this class of committees, railway
in Chancery ( and at Common Law ) is a committees may be instanced as examples.
mere affidavit, and is not a pleading : it is COMMITTEE OF SUPPLY . A committee
sworn anywhere before a solicitor who is
a commissioner to administer oaths. of supply is a committee of the House of
Commons, in which the grants of money
COMMITTEE . An assembly of persons necessary for the public service are voted ,
to whom matters are referred . A committee after the estimates of the sums required by
of the House of Commons is a committee to the various public departments have been
whom a bill after the second reading is laid before the House .
committed, that is, referred ; and is either COMMITTEE OF WAYS AND MEANS.
selected by the House in matters of small This committee is one which follows next
importance, or else upon a bill of conse in order to a committee of supply in the
quence the House resolves itself into a com financial business of the House of Com
mittee of the whole House. A committee of mons ; and its object is to consider the
the whole House is formed of every member; ways and means of raising the supply
and to form it , the Speaker quits the chair
(another member being appointed chair which has previously been granted in the
other committee. The difference between
man ), and the Speaker may in that case them is that one controls, the other pro
sit and debate as a private member. In
these committees the bill is debated clause vides.
by clause, amendments are made, the COMMITTEE OF WHOLE HOUSE : See
blanks arefilled up, and sometimes the bill title COMMITTEE.
is almost entirely remodelled . After it has
gone through this committee, it is again COMMIXTIO . A term in Roman Law
brought before the House for re -considera denoting the mixing together of solids.
tion , after which it is read a third time, The ownership is not changed when the
COMMIXTIO — continued . COMMON BAIL : See title Bail.
mixing has been effected without the con COMMON BAR . In an action of trespass
sent of either owner ; secus, when they quare clausum fregit, if the plaintiff' de
both consent. clared against the defendant for breaking
See title CONFUSIO . his close in a certain parish, withoutother
COMMODATUM . A term in Roman Law wise particularizing or describing the close,
denoting the contract of a loan for use ( prêt and the defendant himself happened to
à usage). It is always gratuitous. The have any freehold land in the same parish ,
property in the thing lent remains in the he frequently affected to mistake the close
in question for his own, and pleaded what
lender, whereas in matuum ( prêt à con was called the common bar, viz., that the
sommation ) that property passes into the close in which the trespass was committed
borrower. The borrower (commodatarius)
is required to use the utmost diligence in was his own freehold, which compelled the
safeguarding the thing lent. plaintiff to new assign, i.e., to assign his
cause of complaint over again, alleging
COMMON, RIGHT OF. Is a right that he brought his action in respect of a
which one person who is not the owner has trespass committed upon a different close
of taking some part of the produce of land from that claimed by the defendant as his
belonging to another. There are four own freehold. Now, however, a defendant
kinds of rights of common , viz. : cannot well affect ignorance with regard to
(1.) Common of Pasture, which may be, the real close, as by a rule of Court ( Hil.
either Term , 4 Will. 4), the plaintiff is now bound
(a. ) Appendant; or to particularize the close or place in the de
(6.) Appurtenant; or claration by assigning to it its familiar
( c.) Pur Cause de Vicinage ; or name, or by describing it by its abuttals or
(d.) In Gross ; other sufficient description. The above
(2.) Common of Piscary ; mentioned plea was also called a bar at
(3.) Common of Estovers ; large and a blank bar ( Steph. Plead. 250,
( 4. ) Common of Turbary ; 4th ed. ). Under the present practice, in
As a general rule, rights of common are stead of new assigning in such a case, the
acquired in the same manner as easements, plaintiff would by leave amend his state
viz. , either ment of claim so as to introduce the requi
( 1.) By grant ; or site particularity.
(2.) By prescription, which implies a COMMON BENCH . The Court of Com
grant. mon Pleas was formerly so called, because
And the Prescription Act, 2 & 3 Will. 4, the causes of common persons, i.e., causes
c. 71 , applies to all varieties of rights of between subjects only, and in which the
common , for the acquisition of which it Crown had no interest, were tried and
appoints thirty years and sixty years, the determined in that Court.
former period conferring a title defeasible See title COURTS OF JUSTICE .
otherwise than with reference to time, and
the latter a title defeasible by production of COMMON CALAMITY . Where two or
written evidence only. more persons perish in one shipwreck or
Similarly , the remedies for disturbance other common calamity, there is no pre
of a right of common are the same as for sumption in English Law , derivable from
the denial or obstruction of an easement, age or sex, as to which survived the other
viz . : or others ( Underwood v. Wing, 4 De G.
( 1.) An action on the case, which is sub Mac. & G. 633; Wing v. Angrare, 8 H. L.
stituted for the old writ of ad Cas. 183). A different rule prevails in the
measurement; and French, and prevailed in the Civil, Law.
(2.) Abatement. See title PRESUMPTION .
Rights of common may be extinguished in COMMON CARRIER : See title CARRIER.
one or other of the following ways :
( 1.) By unity of possession ; COMMON COUNTS : See title Counts ,
COMMON
(2.) By release ;
(3.) By severance ; COMMON EMPLOYMENT. Servants
( 4.) By enfranchisement ; or engaged in one common employment, and
(5. ) By inclosure . injured through the negligence of one of
See titles APPROVEMENT; INCLOSURE ; themselves, have no remedy for such in
INCORPOREAL HEREDITAMENTS. jury against the common master ( Bartons
COMMON , TENANCY IN : See titles hill Coal Co. v. Reid, 3 Mac. 295), provided
PARTITION ; TENANT IN COMMON. the master's own personal negligence has
not intervened , through insecurity of tackle
COMMON ASSAULT : See title Assault or apparatus, or through careless selection
AND BATTERY, of incapable workmen ( Roberts v. Smith ,
COMMON EMPLOYMENT-- continued . COMMON PLEAS. One of the superior

Courts of Common Law . The proceedings
2 H. & N. 213 ). There is frequently a in this Court are the same as those in the
dispute as to whether the servants are in other Courts of Common Law. The Court
fact engageedis,inhowev
that phras anon
comm
oneer, emplo
elasti yment ;
c one,and was fixed at Westminster by or in virtue
is liberally construed in exoneration of the of that provision in Magna Charta requiring
master ( Wilson v. Merry, L. R. 1 Sc. Ap. communia placita to be held in some one
definite place ( aliquo certo loco teneantur ).
326). See title COURTS OF JUSTICE.
COMMON INFORMER : See title QUI TAM COMMON RECOVERY : See title RE
ACTIONS. COVERY , COMMON .
COMMON INTENDMENT . The plain COMMON SERJEANT. Is a judicial
common meaning of any writing, as appa officer attached to the corporation of the
rent on ng
distorti thethe
facemeaning
of it, without straining
of the writer. or
Bar City of London , who assists the recorder
to common intendment was an ordinary or in disposing of the criminal and other
general bar to the declaration of a plaintiff business of the city.
COMMON TRAVERSE : See title TRA
( Co. Litt. 78 ; Cowel).
VERSE .
has ON
ingCOMM INTE
been NTd. byCerta
state intyCoke
Lord in plead
(Co. COMMON VOUCHEE : See title RE
Litt. 303) to be of three sorts, viz., cer- COVERY .
tainty to a common intent, to a certain COMMUNE CONCILIUM REGNI AN

intent in general, and to a certain intent in GLIÆ . The general council of the realm
every particular. By a common intent, assembled in Parliament. Cowel.
when words are used which will bear a See title COURTS OF JUSTICE.
natural sense,
one to be madeandbyalso an artificia
argumen l one, or
t or inferenc e, COMMUNI DIVIDUNDO : See title F1
the natural sense prevails ( Dovaston v . NIUM REGUNLORUM .
Payne, 2 H. Bl . 527; 2 Smith's L. C. 132). COMMUNIA PLACITA NON TENENDA
COMMON LANDS : See titles APPROVE- IN SCACCARIO . A writ directed to the
treasurer and barons of the Exchequer,
MENT ; INCLOSURE, forbidding them to hold pleas between
COMMON LAW . (1.) As opposed to common persons in that Court ( Reg. of
Equity, denoted that portion of the law Writs, 187 ; Cowel ) ; however,by means of
which was administered in the Common the fiction quo minus, the Court of Exche
Law Courts at Westminster, as opposed to quer re -acquired the fullest jurisdiction
thie Chancery Courts in Lincoln's Inn . between subject and subject.
That distinction has been abolished, and See title Quo Minus.
the two fused together, by the Judicature COMMUNIS ERROR FACIT JUS. A
(2.)1873-
Acts, 5. ed to statute law, it in-
As oppos mistake of law that has been undeviatingly
cluded not only the law administered at pursued by the Courts or by conveyancers
Westminster , but the law administered or and others, becomes in fact good law, and
otherwise applied or exercised everywhere the mistake is purged by the uniformly
and anywhere, as the law of the land es- consistent practice.
tablished by customs and precedents, and COMMUTATION OF TITHES : See titles
not arising from the direct act of the legis. TITHES ; TITHE RENT CHARGE.
lature. In this sense, Common Law would
include real property law, so far as same COMPANIES . Are associations of per
is independent of statute ; and in fact, real sons, who have agreed to become share
property law constituted at one time the holders or members. A partnership is
great bulk of the Common Law. such an association . But the term company
(3.) It is also opposed sometimes to the chiefly applied to associations that par
Canon Law , sometimes to the Civil Law , take of the character of corporations, and
and sometimes to the Law Military and some of which are in fact corporations.
Naval, orON
Martial. They may have been established by Act of
COMM LAW PROCEDURE ACTS. Parliament for the execution of purposes of
The three Acts so called are the 15 & 16 a public character (such as railways, water
Vict. c. 76, 17 & 18 Vict. c. 125, and 23 & works, and such like), and to all such
24 Vict. c. 126. They bave been very companies (in addition to their own special
extensively superseded by the Judicature Act) the provisions of the three following
Acts, 1873-5 , which (with the Orders and general Acts are applicable, namely, tho
Rules thereunder) constitute a common Companies Clauses Consolidation Act, 1815
procedure for both Law and Equity. (8 & 9 Vict. c . 16 ), the Companies Clauses
COMPANIES — continued . COMPETENCY OF WITNESSES contd .
Act, 1863 (26 & 27 Vict. c. 118), and the rendering competent as witnesses persons
Lands Clauses Consolidation Act, 1845 interested in or affected by the verdict or
(8 & 9 Vict. c. 18 ) ; or they may have been judgment ( in extension of Lord Kenyon's
established for purposes of private gain or decision in Bent v. Baker, 3 T. R. 27) ;
other purposes of a merely private character, 6 & 7 Vict. c . 85, rendering competent as
and are then usually called joint stock com witnesses generally all persons, although
panies. To these last-mentioned companies objectionable on the ground of their having
are principally applicable the following committed some crime or having some
general statutes, namely, the Companies interest ; 14 & 15 Vict. c. 99, rendering the
Act, 1862 ( 25 & 26 Vict. c . 89), the Com parties to the action (not being an action
panies Act, 1867 (30 & 31 Vict. c. 131 ), and of adultery or of breach of promise of
the Companies Act, 1877 (40 & 41 Vict. marriage) competent as witnesses, this last
c. 26 ) ; and where the company is a life competency being extended by 16 & 17
assurance company, the further stat. 33 & 34 Vict. c. 83, to the husbands and wives of
Vict. c. 61 , requiring the depositof£ 20,000 parties, and by 40 Vict. c. 14, the de
as a prior condition to the establishment of fendants and their wives or husbands, in
any new life assurance association. There indictments involving merely a civil right;
are also companies established on the Cost and by 32 & 33 Vict. c. 68, to actions of
Book system , and principally engaged in adultery and breach of promise. In cri
working minerals within the staunaries of minal actions ( not including revenue
Cornwall and Devon. matters), the parties or their husbands or
See titles CORPORATION ; Cost BOOK wives are in general still incompetent,
MINING COMPANIES ; JOINT STOCK excepting on indictments for fraud and
COMPANIES ; PARTNERSHIP ; PUBLIC such like. And want of intellect, or im
COMPANIES. maturity of intellect, is, of course, an en
during ground of incompetency .
COMPANIES ARRANGEMENT ACT : See titles CREDIBILITY OF WITNESSES ;
See title ARRANGEMENT, SCHEME OF. EVIDENCE ; WITNESSES ; Wills, &c.
COMPARISON OF HANDWRITING :: See
title HANDWRITING . COMPOSITION . As well by the Common
Law as under the Bankruptcy Act, 1869,
COMPENSATIO . In Roman Law (as in it is lawful for a debtor in embarrassed
French Law) is the set-off of English Law . circumstances to come to an arrangement
See title SET -OFF. with his creditors to pay them so much in
COMPENSATION . In English Law , the pound, and to be released or forgiven
denotes the pecuniary sum awarded under by them the rest. The agreement is
railway and other statutes, in payment usully carried out by means of a composition
and compensation of and for lands and deed ,butsuch a deed is not requisite by the
buildings taken compulsorily or by agree Common Law, there being a sufficient con
ment for public purposes. The chief statute sideration to support the arrangement as &
upon thematter is the Lands Clauses Con simple contract merely, in the mutual
solidation Act, 1845 (8 & 9 Vict. c. 18). agreement of all the creditors in considera
Compensation may also become payable tion of the agreements of the others to
under the terms of an agreement or cove assent to the composition ( Sibree v. Tripp,
nant, apart from statute; and as such is 15 M. & W. 23). It is necessary by the
Common Law that all the creditors should
distinguishable from damages strictly so have assented to the composition ; but
called. Semble , a covenant to pay com
pensation for subsidence-damage from under the Bankruptcy Act, 1869, a compo
mining runs with the land, i.e., with the sition is resolved upon by an extraordinary
excepted mines ( Aspden v. Seddon, 1 Exch. resolution of the creditors, i.e., a resolution
Div. 496 ). passed by a majority in number and three
fourths in value of the creditors in general
COMPENSATION WORKS : See title meeting, confirmed by a majority in number
WORKS, COMPENSATION . and value of the creditors assembled at a
COMPETENCY OF WITNESSES. Is the subsequent general meeting held at an
phrase which denotes that any particular interval of not less than seven nor more
individual proposed to be called as a wit than fourteen days.
ness , is receivable as one ; and, in that See also titles BANKRUPTCY ; LIQUIDA
TION .
meaning, it is commonly contrasted with
the credibility of the witness. The grounds COMPOSITION DEED : See title Com .
of incompetency were at one time very POSITION .
numerous, but have been gradually lessened
by statute, and principally by thefollowing COMPOUND HOUSEHOLDER . Is of one
statutes :-3 & 4 Wm . 4 , c. 42, ss. 26, 27, several persons between whom the occu
COMPOUND HOUSEHOLDER — contd . COMPULSORY POWERS - continued .

pation of a house is divided, such persons terms and subject to the conditions speci
being tenants and not lodgers. In such fied in the Act. Usually that Act is in
cases, the owner ( immediate lessor) is corporated in the special Act establishing
usually rated to the relief of the poor ( 59 the company ; and under the Education
Geo. 3, c. 12, n. 19 ; 32 & 33 Vict. c. 41 ). Act, 1870 (which is a general Act), the
The occupier, although not so rated , las school boards may exercise the compulsory
the same municipalprivileges as if he powers contained in the Lands Clauses
were rated (21 & 22 Vict. c. 43) ; also the Act. The various Public Health Acts
same parliamentary privileges (14 & 15 also confer upon local boards of health
Vict. c. 14 ; 32 & 33 Vict. c. 41) in boroughs, and sanitary authorities large compulsory
provided the poor rate is in fact paid. In powers for the abatement of nuisances and
counties, if the proportion of rateable value the better providing for the public health .
falling on each joint occupier or owner is See titles LANDS CLAUSES CONSOLIDA
sufficient as a separate qualification, he TION ACT ; PUBLIC HEALTH .
may vote (30 & 31 Vict. c. 102, s. 27). COMPURGATION . A mode of trial in
COMPOUND LARCENY : See title LAR- Anglo -Saxon times, in which facts were
CENY . decided upon the oath of the defendant or
COMPOUNDING FELONY . Where a accused person, supported by eleven com
person has been robbed, and he knows the purgators swearing to his credibility. It
felon , and receives back from him his was superseded in the king's Courts by
goods that were stolen , or some other trial by jury ( see title JURY, TRIAL BY, His
amends, upon agreement not to prosecute, TORY OF), but it afterwards lingered in the
Borough Courts.
this is a misdemeanour. See title COMPURGATORS.
See titles ADVERTISEMENTS ; THEFT ;
VOTE . COMPURGATORS. Persons who swear
they believe the oath of another person
COMPROMISE . Is an arrangement ar- made in defence of his own innocence . Such
rived at, either in court or out of court, for was the case, e.g., with the clergy, who,
settling a dispute upon what appears to when accused of any capital crime, were
the parties to be equitable terms, having not only required to make oath of their
regard to the uncertainty they are in own
regarding the facts or the law and the tain innocence,
number ofbutpersons,
also tocalled
produce a cer
compur
facts together. gators, to swear that they believed the oath
See titles COMPROMISE OF Suit ; FAMILY of the accused . It is a rude form of
ARRANGEMENT .
evidence, the modern phase of which is
COMPROMISE OF SUIT. When a suit character -evidence.
is not carried through to verdict, or decree, See title CHARACTER, EVIDENCE AS TO .
or judgment, but the parties agree upon COMPUTE, RULE TO. In cases where
certain terms, which include a stay of pro- the plaintiffhad an interlocutoryjudgment,
ceedings, they are said to compromise the andthe amount of damages was a simple
suit. A mere doubtfulness of right is a matter of calculation, and no evidence was
sufficient consideration to support a com- required to ascertain the amount, beyond
promise ( Callisher v . Bischoffsheim , L. R. 5 what was apparent on the face of the
Q. B. 449). Counsel for the parties may also pleadings, theCourt instead of putting the
compromise a suit without the authority plaintiff to execute a writ of inquiry, would
andevenagainst the wishes of their clients. refer it to the master to compute principal
The parties themselves may compromise it, and interest. This course was usually
but without prejudice to their solicitor's pursued when interlocutory judgment had
lien ( Wright v. Burrows, 3 C. B. 344). A been signed in an action on a bill of ex
compromise when made with the sanction change, or promissory note, or banker's
of the Court may afterwards (if necessary ) cheque. The Courts in the first instance
be enforced in the action by summary pro- granted a rule to shew cause why it should
cess ( Scully v. Lord Macdonald, 8 Ch. Div. not be referred to the master to compute
658). principal and interest, &c., which rule had
COMPULSORY PILOTAGE : See title to be served upon the defendant, and if
PILOTAGE. cause was not shewn the rule was made
absolute (Bayley's Pr. 221 ; Lush's Pr. 706 ).
COMPULSORY POWERS. Under the But under the C. L. P. Act, 1852, in the
Lands Clauses Consolidation Act, 1845, case of judgment by default no rule to
compulsory powers are given to railway compute was necessary (s. 92) ; and in
companies and to public companies gene- actions where the plaintiff sought to re
rally of acquiring lands for the purposes of cover a debtor liquidated demand in money ,
their respective undertakings, upon the judgment by default was final (s. 93) ;
COMPUTE, RULE TO - continued . CONCLUSION TO THE COUNTRY - con
while in actions in which the amount of tinued .
damage was substantially a matter of cal cluded was then said to conclude to the
culation, it was not necessary to issue a country : and the technical phrase itself
writ of enquiry, but the Court or a judge was termed a “ conclusion to the country .”
might direct that the amount for which CONCORD . An agreement entered into
final judgment was to be signed should be between two or more persons, upon a tres
ascertained by one of the masters, who was
to indorse his finding on the rule or order pass having been committed , by way of
referring the matter to him, and this in amends or satisfaction for the trespass . In
dorsement had the effect of a verdict upon that species of conveyance which was
a writ of enquiry (s. 94). Under the present formerly in use, called a fine, the word
concord ” also occurs ; and here it signi
practice as regulated by the Judicature fies an agreement, called the finis con
Acts and the orders and rules thereunder,
no writ of inquiry is necessary in any of cordiæ , between the parties, who are levying
these cases, but it is referred to the Chief the fine of lands one to another, how and
Clerk in the Chancery and to the Master in what manner the lands shall pass ; this
in the Common Law Divisions to compute concord is usually an acknowledgment
the amount of damage when that is sub from the deforciants (i.e., defendants), that
stantially matter of calculation ; and for the lands in question are the right of the
this purpose no rule to compute is neces
complainant ; and from this acknowledg
sary, as the proper direction in that behalf ment, or recognition of right, the party
is contained in the judgment (at least in levying the fine is called the cognizor, and
he to whoin it is levied the cognizee.
the Chancery Divisions); but a rule to
compute may in this case still be necessary
in the Common Law Divisions.
top
See titles to be that portion of the law which was
Used
ASSESSMENT OF DAMAGES; WRIT OF EN enforced (prior to the 1st of November,
QUIRY. 1875 ) in the Courts of Equity equally with
CONCEALMENT OF BIRTH : See title the Courts of Law, and in which Equity
BIRTH , CONCEALMENT OF. assumed a concurrent jurisdiction chietly
upon the ground of the remedy at Law
CONCEALMENT IN EQUITY . Is a being inadequate or only circuitously ren
branch of actual fraud consisting of a sup dered adequate. Under the Juicature
pressio veri, the other branch being mis Acts, 1873-5 , the entire jurisdictions of Law
representation, which consists in a suggestio and Equityare made concurrent in name,
falsi, and both branches constituting a but the old distinctions of substance are
fraud, without reference to any peculiarity not affected by that merely nominal fusion .
in the relative positions of the defrauding See title ExoLUSIVE JURISDICTION.
and defrauded persons. But a man is not CONCURRENT WRIT . Is a copy of the
guilty of concealment, if he merely does original writ of summons issued in an
not tell, or holds his tongue ( Qui tacet, non action , the very date being the same ; the
videtur affirmare ), unless he was under an seal bears the word “ concurrent on it,
obligation to speak out, e.g., in effecting an and shews the date when the concurrent
insurance upon life or goods,in negotiating seal was impressed (i.e. , issued ). A con
family compromises, in making purchases current writ is frequently issued , for ser
from a man's cestuis qui trustent of the vice out of the jurisdiction (Order vi. 2).
trust property, and such like. The re CONDEMNATION MONEY . The party
medies for the fraud of concealment are
the usual remedies in other cases and kinds who fails in a suit or action is sometimes
of fraud . said to be condemned in the action, whence
See titles FRAUD ; MISREPRESENTATION . the damages to which such failure has
made him liable Used to be frequently
CONCILIUM ORDINARIUM . In Anglo called condemnation money. Thus in pro
Norman times was an executive and resi ceedings to enforce a recognizance by writ
duary judicialcommittee of the Aula Regis. of scire facias it is laid down that “ these
See titles CABINET COUNCIL ; COURTS persons (the bail) stipulated that if the
OF JUSTICE ; Privy COUNCIL, defendant should be condemned in the
CONCLUSION TO THE COUNTRY . When action, he should pay the condemnation
a party in pleading traversed or denied a money, or render himself into custody.""
material fact or allegation advanced by his CONDICTIO . In Roman Law , was the
opponent, he usually concluded his plead general name for a personal action, just as
ing with an offer that the issue so raised vindicatio was the general name for a real
might be tried by a jury ; this he did by action . It lay to recover a sum certain or
stating that he put himself upon the a thing certain ; when authorized by any
country; and a pleading which so con statute (e.g., to recover any statutory
CONDICTIO — continued . CONDITIONS, BREACH OF - continued .

penalty ), it was called a condictio ex lege. ever, now, by stat. 22 & 23 Vict. c. 35, s. 3,
The condictio was originally merely a step such apportionment may be made where
in the actio sacramenti. the reversion is severed , i.e., split up into
See titles SACRAMENTI ACTIO ; VIN parts.
DICATIO. Even when lands are descendible by
CONDICTIO FURTIVA . Was the action some rule or custom to a person other than
of condictio applied for the recovery of the heir by the Common Law , e.g., in
stolen property. gavelkind lands, none but the heir by the
See title FORTUM . Common Law might enter for the breach ;
CONDITION . In French Law, the fol
although after such entry, the customary
heir or heirs might enter on him , and enjoy
lowing peculiar distinctions are made : along with him , if the custom so directed.
( 1.) A condition is casuelle, when it de But the right of taking advantage of a
pends on a chance or hazard ; breach of condition being merely personal
(2. ) A condition is potestative, when it ( 1 Pres. Shep. T. 150), not even the heir
depends on the accomplishment of some at Common Law might enter for a condition
thing which is in the power of the party to broken in the lifetime of his ancestor.
accomplish ;
(3.) A condition is mixte, when it de CONDITIONS, IMPOSSIBLE . In Roman
pends partly on the will of the party and Law , a legacy subject to an impossible con
partly on the will of others ; dition was valid , and was at once an abso
(4.) A condition is suspensive, when it is lute bequest ; and this is also the rule as
the future and uncertain event, or present to bequests of personal property in English
but unknown event, upon which an obliga Law. Again ,in Roman Law , a stipulation
tion takes or fails to take effect ; (i.e., contract) subject to an impossible
(5. ) A condition is resolutoire, when it is condition was void altogether ; and this is
the event which undoes an obligation which also the rule of the English Law as to
has already had effect as such . such a contract in the general case. But
a distinction has been taken in English
CONDITIONS. At the Common Law, a Law chiefly upon the words of the contract,
condition , or the benefit of a condition, between on the one hand a condition
could only be reserved to the grantor, which is already impossible, and known to
lessor, or assignor, and his real or personal be so to the contracting parties at the time
representatives, and not to a stranger ; but of their contracting (in which case the con
by the stat. 8 & 9 Vict. c. 106, s. 5, under tract is invariably void, as being simply
an indenture executed after the 1st of
October, 1845, the benefit of a condition foolish ), and, on the other hand, a condi
respecting any lands or tenements may be tion which subsequently to the contract
taken , although the taker thereof be not becomes impossible, or the impossibility of
which was unknown to the parties at the
named a party to the same indenture. time of the contract (in which latter case
A condition affecting freehold lands the contract may or may not, according to
must be created , if not by the same deed, the language, be and remain binding ). See
at all events by a deed executed and deli Leake on Contracts, 356 .
vered at the same time as the deed which
creates the estate ; but a condition affecting CONDITIONS OF SALE. Are the condi
chattels, rents, annuities, and such like, tions upon which land is sold ; and when
may be created subsequently to the prin the sale is by private contract they are
cipal deed. embodied ( together with the particulars of
sale) in the agreement for sale ; but when
CONDITIONS, BREACH OF. By the the sale is by public auction, then the con
Common Law , no one could take advan .
tage by entry or action of the breach ditions of sale are a separate document, as
are also the particulars of sale and the
of a condition , except persons who were agreement. Usually, however, even in a
parties or privies in right and represen sale by public auction, the conditions and
tation. Therefore, by the Common Law, particulars are printed on the same paper;
neither privies in law * (e.g., lords claiming and at the foot of the conditions, there is
by escheat) nor grantees and assignees of also printed the memorandum of agreement
the reversion, couldhave such advantage with blank spaces for the purchasers to fill
of it. But by stat. 32 Hen. 8, c. 34 , gran up and sign .
tees and assignees now possess this right, The various matters provided for in the
whether the grant is of the whole or only conditions of sale are principally the fol
of a part of the estate of the reversion , but lowing :
not so as to apportion the condition ; how (1.) The conduct of sale, -- the biddings,
• Nevertheless ifthe condition were implied in law , &c.; and this condition is to state
privies in law might take advantage of the breach. that the property is subject to a
CONDITIONS OF SALE - continued . CONDITIONS PRECEDENT AND SUB
reserved price (if the fact is so ), or SEQUENT - continued .
that the vendor reserves the right (a.) where the condition is precedent, and
to bid ( if that is so ) ; there is no limitation over on its non - ful
(2.) The deposit money , --and its forfei. filment, it is sufficient if it is performed
ture in case of purchaser's default : in substance, when from unavoidable cir
(3. ) The valuation or other appraisement cumstances it cannot be fulfilled to the
of fixtures, &c.; letter ; but when there is a limitation
(4.) The abstract of title to be furnished , over of the legacy on non -fulfilment of the
-the commencement (or “root”) condition , a strict and literal performance
of title being specified, and ex- of it is required (1 Wb.Rop. Leg. 769). On
clusion of investigation of prior the other hand , — (6 .) when the condition is
title ; subsequent, then , as being odious, it is
(5.) The exclusion of enquiries after construed with strictness, and to be of any
possible dowresses; avail to defeat an estate ( whether vested
(6.) The evidence of recitals, & c.,- usu- or contingent), it must have been fulfilled
ally all recitals in deeds, &c., to the letter ( 1 Wh. Rop. Leg. 783 ) ; con
twenty years old being made evi- sequently, thecondition subsequent when
dence, unless their inaccuracy or from unavoidable circumstances it cannot
falsehood is otherwise demon- be fulfilled to the letter, a mere substautial
strated ; performance of it will not suffice ; in other
( 7.) The expenses of investigating title words, the condition subsequent becoming
and making searches ; impossible in part is discharged in whole,
(8.) The ascertainment of the identity of and the prior vested estate becomes abso
the property sold with that referred lute ; for it is only reasonable that before a
to in the abstract of title ; person is deprived of the benefit conferred
(9.) The provisions entitling or disen- upon him the literal event on which the
titling to compensation for errors forfeiture is to arise should happen.
in description or acreage of pro- Thus, if a condition which is precedent
perty ; to some bequest requires the consent of
(10.) The date for completion by pay- three trustees to the marriage of the legatee,
ment of residue of purchase-money, and one of those trustees dies, and there is
and execution of a proper deed of no limitation over, the approbation of the
assurance ; surviving two trustees previously to the
(11.) The receipt of rents and payment marriage will be a sufficient compliance
of outgoings,—by whom to be with the condition ; and in such a case, if
borne, and as frim what date the the condition were subsequent, the hap
purchaser to be entitled and liable pening of the like event would discharge
thereto respectively, with a provi- the condition in toto, inasmuch as the
sion for payment of interest by literal performance was become impossible.
purchaseron bis unpaid purchase- See 1 Wh. Rop. Leg. 803.
money where possession not taken ( II. ) Conditions precedent to the vesting
at the date appointed ; of a right of action, also, conditions sub
( 12.) The delivery up of title deeds, or sequent divesting the same.
arrangements for their custody The right of action is not complete
and production by vendor; without the previous performance, or else
(13.) The timefor making objections to the remission, of all (if any) conditions pre
and requisitions upon the title, cedent to the obligation attaching to the
with a provision rescinding con- defendant ; and therefore it is necessary
tract at vendor's option if he is to aver in the declaration a performance
unable to reasonably satisfy the of all such conditions, or else a sufficient
purchaser, and the latter insists excuse for the non -performance thereof
on being satisfied ; and (Grafton v. Eastern Counties Ry. Co., 8
( 14.) The forfeiture of deposit, and right Exch . 699). By the C. L. P. Act, 1852,
of re -sale at purchaser's expense , 8. 57, it is made lawful for the plaintiff or
when the purchaser is in default defendant in any action to aver perform
in not completing the contract. ance of conditions precedent generally ;
but this enactment does not relieve him
CONDITIONS PRECEDENT AND SUB- from the necessity of averring specifically
SEQUENT. Conditions are precedent or any excuse for a non -performance thereof,
subsequent with reference either to estates and in this specific averment both the
or to rights of action . conditions excused and the excuses of per
( I.) Conditions precedent and subsequent formance must be averred with particu
with reference to estates. larity ( London Dock Co. v. Sinnott, 8 E.
In the construction of personalbequests , | & B. 347) ; but although the discharge
CONDITIONS PRECEDENT AND SUB- CONDITIONS PRECEDENT AND SUB

SEQUENT- continued . SEQUENT—continued.
of an obligation under seal can only be ( a .) If the condition is precedent, the
effected by a deed under seal, the dis bequest will take effect as if no
charge need not be so averred in the condition had been imposed ; and
declaration ( Thames Haven Dock Co. v. (6.) If the condition is subsequent the
Brymer, 5 Exch. 696), or now in the prior bequest becomes absolute .
statement of claim . A general averment And by the rules of the Roman Civil
of readiness and willingness to perform all Law , and the analogous rules of the Eng
conditions precedent is not sufficient in lish Law derived therefrom , restraints on
the case of a condition precedent which the freedom of marriage are so odious,
requires either performance or an excuse that, even where they are partial only ,
from performance ( Roberts v. Brett, 6 C. B. ( a .) If the condition is subsequent, ex
( N.S.) 611 ) ; butwhere the acts to be done pressly or impliedly providing for
on the parts of the plaintiff and defendant the cessor of the interest in the
are concurrent, the party who sues the event of marriage, then,
other for non -performance of his part, (aa.) If there is no bequest over
need only aver a willingness and readiness in the event of marriage, the
to perform (Morton v. Lamb, 7 T. R. 125) ; prior bequest is absolute ; but
and the rule is the same with respect (bb ). If there is a bequest over
to agreements under seal (Glazebrook v. in the event of marriage, the
Woodrow , 8 T. R. 366). And when the prior bequest becomes divested
declaration or statement of claim suffi in the event of marriage, and
ciently shews that the defendant has the property passes to the
absolutely incapacitated himself from per second legatee. But,
forming his part of the contract, it is not (6. ) If the condition is precedent, then ,
necessary to aver either the performance of ( aa .) If there is no bequest over
conditions precedent, or a readiness and in the event of marriage, the
willingness to perform the concurrent acts legacy is forfeited ( Young v
( Hochster v. De la Tour, 2 E. & B. 678) ; Furze, 8 De G. M. & G. 756 ;
e.g., bankruptcy has been decided to be sed dubitatur, see 2 Jarm ,
such an incapacitation in the case of a con Wills, 2nd ed . 37) ; and
tract for the sale of goods to be paid for (bb.) If there is a bequest over in
by instalments ( In re Edwards, Ex parte the event of marriage, the
Chalmers, L. R. 8 Ch. App. 289). prior legacy is forfeited, and
Again , conditions precedent or subse passes over to the second.
quent may be void conditions.
There is, however, a very great distinc- CONDITIONS REPUGNANT. It is a
tion between real property on the one well established rule of law, that condi
hand and personal property on the other, tions or restraints inconsistent with, or
with reference to the effect of such con- repugnant to, the estate or interest to
ditions being void ; for real property is which they are annexed, are absolutely
governed entirely by the Common Law, void. Numerous illustrations of the rule
whereas personal property is largely sub- are furnished in the reported decisions.
ject to rules derived from the Roman Civil Thus ( 1. ) The power of alienation being
Law . Thus, FIRSTLY, with reference to real an incident inseparable from an estate in
property, if a condition in restraint of fee simple, it follows that any condition
marriage is general and therefore void, against alienation annexed to a convey
then , ance or devise to any one in fee simple is
( a .) If the condition is precedent, no absolutely void, whether the condition be
estate or interest will arise, be- general, i.e., forbidding alienation alto
cause the estate was only to arise gether ( Co. Litt. 206 b, 223 a), or be par
upon the fulfilment of the con- ticular, i.e., forbidding alienation in certain
dition, which is impossible, and specified modes, e.g., by mortgage ; and it
the Common Law will not, to the makes no difference if there be a forfeiture
prejudice of the heir, dispense with or executory devise over in case of an at
the fulfilment of the condition ; tempt at alienation ( Ware v. Cann, 10
but B. & C. 433 ). The rule is the same, in
(6.) If the condition is subsequent, the the case of a gift in fee tail with a condi
estate to which it is annexed will tion annexed to it not to suffer a common
become freed from the condition recovery or fine, or execute any other dis
and be absolute. entailing assurance ( Piers v. Winn, 1 Vent.
SECONDLY, with reference to personal. 321 ). Also, in Bradley v. Peixoto (3 Ves.
estate, if a condition in restraint of mar- 324), in the case of a bequest to A. for life,
a
riage is general and therefore void, then ,- and at his decease to his executors and
CONDITIONS REPUGNANT - continued . CONDITIONS REPUGNANT - continued .
admivistrators, it was held that A. took an straints. For example, the following
absolute interest in the legacy, and that limited restraints on alienation, and others
a condition restraining him from disposing like them , are valid in law :
of the principal of the legacy, followed by ( 1.) A condition not to alien in mort
a gift over in case he should attempt to main , or to A. or B. in particular:
do so, was inconsistent with the previous and
absolute bequest, and was therefore alto (2.) A condition not to alien within a
gether void . limited time.
Again ( 2. ) In the case of a devise in On the other hand , a condition not to
fee, with a condition (being a mere condi alien excepting to one specified individual
tion ) that no wife should have dower would be void, as being virtually an un
or husband curtesy out of the estate de limited or general restraint ( Attwater v.
vised, the condition would be void for Attwater, 18 Beav . 330 ).
repugnancy . CONDITIONS, VOID. Besides the con
Again (3.) In the case of a feoffient in
fee, with a condition excluding females ditions above exemplified that are void for
repugnancy, there are other void conditions.
from ever taking the inheritance, the con For example, conditions in restraint of
dition would be void for repugnancy .
the cohabitation of man and wife (Wren
Again (4.) In the case of a gift in fee
to A., with a condition that failing disposi v. Bradley, 2 De G. & Sm. 49), and pro
tion thereof by A. in his lifetime ( Ross v. visions having reference to the future
Ross, 1 J. & W. 154 ), or so far as such dis separation of man and wife ( Cartwright
position should not extend ( Watkins v. v . Cartwright,3 De G. M. & G. 982 ; Cuck
Williams, 3 Mac. & G.622), the undisposed sedge v. Cocksedge, 14 Sim . 244 ), are void
of principal should devolve in a certain as being contrary to public policy ; and
specified way, the condition is void for re so also, and for the like reason, are con
pugnancy, it being an inconsistent thing ditions in general restraint of trade, and
to separate the devolution of property from in general restraint of marriage ( Newton v.
the property itself, or to attempt to give Marsden , 2 J. & H. 356 ; Allen v. Jack son,
1 Ch. Div. 399). And with reference to
one's property away twice absolutely. the validity of conditions not to dispute a
Again (5.) In the case of an absolute
bequest or devise, or other gift to A., with will, these conditions appear to be valid
as to real estate , but (unless there is a gift
a condition that the property given should over) void as regards personal estate .
not be liable to the debts of A. , the condi See title CONDITIONS PRECEDENT AND
tion would be void for repugnancy (Roch SUBSEQUENT
ford v. Hackman, 9 Hare ,475).
Again (6. ) In the case even of a life or CONDITIONAL LIMITATIONS . These
other limited interest being given to A., consist in the original limitations or defi
with a condition that he is not to anticipate nitions of an estate, and not in the deter
the same, the condition would be void for mination or destruction by means of a con
repugnancy ( Brandon v. Robinson , 18 Ves. dition of an estate previously limited . They
429) ; for property cannot be given for life apply both to real and to personal estate .
any more than in fee simple, without the (1.) With reference to real estate . If
power of alienation being incident to the real estate is given to a woman for widow
gift. And even in the case of a married hood (durante viduitate ), such a limita
woman, such a restraint on anticipation is tion is good, even if it be not followed by
totally void for repugnancy, unless the any limitation over on her re -marriage, and
married woman's interest is her own sepa à fortiori if it be followed by such latter
rate estate (see title SEPARATE Estate ). limitation ; and if real estate is given to a
Nevertheless, a proviso determining a life woman as long as she shall remain un
interest in property upon the bankruptcy married (dum sola fuerit), such a limita
of the life-tenant, and carrying the pro tion is good (Co. Litt. 42 a) ; although, as
perty over has been held valid ( Lockyer y. being ( in appearance at least), in general
Sarage, 2 Stra. 947 ); à fortiori such a pro restraint of marriage, it would be void as
viso would be valid in case the bankruptcy a condition subsequent whether followed
occurred in tbe lifetime of the testator or not by a limitation over.
( Yarnold v . Moorhouse, 1 Russ. & My. 364 ), ( 2.) With reference to personal estate .
or settlor (Manning v. Chambers, 1 De G. The authorities are in favour of the vali
& Sm. 282 ). dity of such limitations until marriage
But while avoiding in that manner all ( see Webb v. Grace, 2 Phil. 702 ; Heath
general restraints and all conditions which v . Lewis, 2 De G. M. & G. 954 ; Morley v.
are contradictory to the inherent essence Rennoldson , 2 Hare, 579) ; from which cases
of the gift, the law nevertheless, not only it is necessary to distinguish Wren v.
permits, but favours, partial or limited re Bradley (2 De G. & Sm. 49), as not being
CONDITIONAL LIMITATIONS - contd . CONDITIONAL LIMITATIONS — contd .

a caseof conditional limitation, but of void (aa .) If the worils of reference to death
condition subsequent. are to death simply, then the reference is
The true construction of conditional limi- to death within the lifetime of the tes
tations, where the condition has reference tator, or, (if there should be any estate
to death, or to death under specitied cir- given to another which is prior to A.'s
cumstances, is governed by the following estate ), then to death within the period*
rules : -- of the lifetime of the prior beneficiary , *
( 1.) With reference to personal estate . and it is immaterial in this case whether
( a.) When personal estate is given to A. the death of A. occur antecedently or
absolutely or indefinitely, “ and in case of subsequently to the death of the testator.
his death ," or " in the event of his death ," (66.) If the words of reference to death
to B., the testator, in the absence of evi- are not to death simply, but to death under
dence of acontrary intent, is taken to have certain specified circumstances, then the
intended death at some particular period attempt must be made to shew that the
(and notdeath generally), and therefore , reference is to some particular period sug .
(aa . ) When the interest given to A. is gested by the specified circumstances
immediate, and there is no other period to ( 2 Jarm. Wills, 2nd ed ., ch. 49).
which the death can be referred, the death CONDOMINIA . Were co-ownerships or
is to be referred to some period in the life limited ownerships, such as emphyteusis,
time of the testator ( Schenk v. Agnew , 4 K. superficies, pignus, hypotheca, ususfructus,
& J. 405 ). Usus, and habitatio . These were more
(bb.) Where the interest given to A. is than mere jura in re alienâ, being portion
preceded by some particular interest given of the dominium itself, although they are
to another, the death is to be referred to
commonly distinguished from the dominium
some period in the lifetime of the latter strictly so called .
(i.e. of the prior beneficiary * ), and it is
immaterial in this case whether or not the CONDONATION . A technical term , for
death of A. occur antecedently or subse merly used in the Ecclesiastical Courts, and
from them transferred to the Court for Di
quently to the death of the testator; and
generally where any period other than the vorce and Matrimonial Causes, to signify
lifetime of the testator can be suggested, forgivingby ahusbandor wife ofa breach,
that period is to be preferred . on the part of the other, of his or her
(6.) When personal estate is given to A. marital duties. The legal effect of which
for life only and not absolutely, and “ if
2
forgiving, or condonation, is, that usually
he should die,” or “ in case he should die,” the party cannot subsequently seek redress
or " in the event of his death , ” &c., to B., for an offence already forgiven. For in
the death is not to be referred to any stance, if after his knowledge of the wife's
period in particular either in the lifetime adultery a husband cohabits with her, such
of the testator or not but is to be taken as an act of condonation bars him from his
referred to generally ; and so also if only remedy of divorce ; and a wife is equally
the interest or income of a fund is given barred who has condoned an act of cruelty
to A. (2 Jarm . Wills, 2nd ed., 633). on the part of the husband. It is an im
(2. ) With reference to real estate. portant exception, however, to the general
(a.) Where by a will executed before doctrine of condonation, which is founded
the Wills Act, i Vict. c. 26, real estate is on a willingness to heal the disputes of
given to A., and in case of his death to B. , married life, that a subsequent repetition
of the crime revives the former offence, and
( aa .) If the words of reference to death nullifies the intermediate act of condona
are to death simply, then the reference is
to death generally and not to any parti tion by the injured party.
cular period either within the lifetime of CONDUCT MONEY. Money paid to a
the testator or not. witness who has been subpopaed on a trial ,
(66.) If the words of reference to death sufficient to pay the reasonable expenses of
are not to death simply, but to death under going to, staying at, and returning from ,
certain specified circumstances, then the the place of trial. These expenses are
attempt must be made to shew that the re- estimated according to the rank of life of
ference is to some particular period sug- the party, the state of his health at the
gested by the specified circumstances time, and other similar circumstances
(2 Jarm . Wills, 2nd ed ., ch. 49). ( Lush's Pr. 460) ; they are paid by the
(6.) Where by a will executed since the subpoenaing party in the first instance .
Wills Act, 1 Vict. c. 26, real estate is CONFARREATIO. In Roman Law, was
given to A., and in case of his death to B., a sacrificial rite resorted to by marrying
• " Duration of the prior estate " might probably * “ Duration of the prior estate " might probably
be the more correct expression. be the more correct expression.
I
CONFARREATIO — continued . CONFESSION AND AVOIDANCE - con
persons of high patrician or priestly degree, tinued.
for the purpose of clothing the husband fendant alleges that the assault complained
with the manus over his wife ; the civil of was committed in self -defence against
modes of effecting the same thing being the attack of the plaintiff), is an instance :
coemptio (formal) and usus mulieris (in- and a common example of those in dis
formal ). charge is, in an action of covenant, a plea
See titles COEMPTIO ; Usus MULIERIS. of release, wherein the defendant alleges
CONFERENCE . Is a word of various that the plaintiff had, after the breach ,
released him from all breaches, &c.
meanings in law. See titles COLOUR ; PLEADINGS.
( 1. ) It denotes the bringing together of
client and counsel, and entitles a junior CONFESSION OF DEFENCE . When any
counsel to the fee of £ 1 68., whereas a con- matter of defence to an action arises subse
sultation ( i.e., a bringing together of senior quently to the commencement of the action,
and junior counsel) carries only a fee of and such matter of defence is pleaded either
£ 1 38. 6d. in the statement of defence or (by leave) in
(2. ) It denotes the bringing together of a further statement of defence, if the
the two Houses of Parliament, when there plaintiff is of opinion that the new matter
is a dispute between them , so that by of defence is such as to defeat his claim , he
means of some members of the respective may instead of replying thereto deliver a
houses chosen to represent them at the confession of such defence or further de
conference, they may consider (i.e., confer fence, and sign judgment for his costs up to
upon ) the matter in dispute, so as to come the date of the delivery of such defence or
to an understanding about it. further defence (Order xx., 3).
( 3.) It also denotes any informal meeting
of plenipotentiaries or delegates of different CONFESSION , JUDGMENT BY : See title
states to consider of and confer upon matters ATTORNEY, WARRANT OF.
affecting them internationally. CONFIDENTIAL COMMUNICATIONS .
CONFESSION . This word, in the law, Are privileged from production and in
retains its usual and popular signification . spection, e.g.,communications between hus
Thus, when a prisoner is indicted of band and wife ( 16 & 17 Vict. c. 83), unless
treason , and brought to the bar to be in the matter of indictable fraud under the
arraigned, and the indictment being read Debtors Act, 1869, or unless they are the
to him , and the Court demanding what he mere secrets of business ; also, the com
can say thereto, he confesses the offence munications made by a party to his counsel
and indictment to be true, or pleads not or solicitor ; also, semble, communications
guilty. The word confession is als ) used made to the priest of a church in which
in civil matters, as where a defendant con- confession is a legally authorized practice ;
fesses the plaintiff's right of action by also, matters of state either external or
giving him a cognovit, &c. internal .
See title PRIVILEGED COMMUNICATION .
CONFESSION AND AVOIDANCE . Plead
ings in confession and avoidance are those CONFIRMATION See titles CONVEY
in which the party pleading admits or ANCES, sub-title CONFIRMATION ; INFANTS,
confesses, to some extent at least, the truth INCAPACITIES OF.
of the allegation he proposes to answer, CONFIRMATION OF SALES. The Act
and then states matter to avoid the legal of 25 & 26 Vict . c. 108 (Confirmation of
consequence which the other party has Sales Act, 1862), enables trustees that
drawn from it. Of pleas of this nature, are authorized to dispose of the trust estate
some are distinguished as pleas in justifi by way of sale, exchange, partition, or en
cation or excuse, others As pleas in discharge. franchisement to dispose of the surface of
The former shew some justification or ex the lands separately from the minerals, and
cuse of the matter charged in the declara- the minerals separately from the surface ;
tion or statement of claim, the latter some but the sanction of the Court (to be ob
discharge or release of that matter. The tained on petition ) is required before any
effect of the former, therefore, is to shew such disposition can be made. The Court
that the plaintiff never had any right of may upon the petition grant to the trustees
action, because the act charged was lawful ; general powers of making such sales and
whilst the effect of the latter is to shew that , other dispositions ( In re Wynn's Devised
though he once had a right of action, it is Estates, L. R. 16 Eq. 237).
discharged or released by some matter sub
sequent. Of those in justification orexcuse, CONFISCATION . Is a not unusual pe
the son assault demesne, in an action of tres- nalty for offences against laws, whether
1798 for assault and battery (wherein the de- | municipal or international; e g., for carry
CONFISCATION- continued . CONJUGAL RIGHTS, RESTITUTION OF

ing contraband, for the offence of smug - continued .
gling, &c. v. Hope, 1 S. & T. 94 : but see Leaver v.
See title FORFEITURE. Leaver, 2 S. & T. 665, Apps . 11 ). A
CONFLICT OF EVIDENCE . In an action , deed of separation is no bar to a suit for

restitution of conjugal rights ( Anquez v.
particularly one involving scientific mea
sureinents and calculations or chemical Anquez, L. R. 1 P. & M. 176 ) . In case the
analyses, the plaintift’s and the defendant's decree is made, a time is fixed within
witnesses are generally found to conflict which it must be complied with , in order
very much in their evidence; and when that an attachment may issue after that
that is so, it is for counsel to comment time in case it is not complied with ( Cherry
thereon, and to support the consistency and v. Cherry, 29 L. J. (Mat. Cas.) 441).
inherent probability of the evidence in CONNIVANCE : See title DIVORCE .
favour of his own client; and the jndge CONNUBIUM : See title CONUBIUM .
(or the jury ) have to decide as to which
evidence is the more credible. CONQUEST : See titles CESSION ; Co
LONIES.
CONFLICT OF LAWS. In international
law, as regards persons and personal pro CONSANGUINITY, or KINDRED . Re
perty there are a great many and very lationship by blood , in contradistinction to
diverse laws applicable for some purposes ajjinity, which is relationship by marriage.
and not for others ; and the difficulty of CONSCIENCE, COURTS OF. Courts of
defining the exact limits of the respective conscience, or, as they were otherwise
applicability of these laws occasions what calleil , Courts of Request, were Courts con
is called a "conflict of laws. " There is no stituted by Act of Parliament in the City
such conflict as regards real property . of London and other commercial districts
See title LEX FORI . for the recovery of small debts. They were
CONFLICT OF PRESUMPTIONS. In constituted of two aldermen and four com
mon councilmen , who sat twice a week to
this conflict certain rules are applicable, hear all causes of debt not exceeding the
viz. (1.) Special take precedence of general value of forty shillings, which they ex
presumptions ; (2 ) Constant of casualones ;
(3.) Presume in favour of innocence ; (4.) amined in a summary way, by the oath of
of legality ; (5) of validity : and when these the parties or other witnesses, and made
such order therein as was consonant to
rules fail, the matter is said to be at large.
CONFUSIO. In French Law (as in equity and good conscience.
See title SMALL DEBTS COURTS .
Roman Law), is the extinction of a debt
by the merger of the persons of debtor and CONSCRIPTION . For service in the
creditor in one and the same person . Con army or navy, means compulsory service
fusio denotes also (in Roman Law ) the fulling upon all male subjects evenly,
mingling of liquids. within or under certain specified ages.
See titles CommIXTIO ; MERGER . See title IMPRESSMENT.
CONGÉ D'ÉLIRE. The " permission to CONSEIL DE FAMILLE. In French
elect ” granted by the sovereign to the Law , certain acts require the sanction of
dean and chapter of the cathedral church , this body. For example, a guardian can
upon the Crown's nomination ( by letters neither accept nor reject an inheritance to
missive ), of a bishop or archbishop. This which the minor has succeeded without its
mode of election was first enacted by the authority (Code Nap . 461 ) ; nor can he
Reformation Parliament in 1531 , and was accept for the child a gift inter vivos without
aimed at establishing the royal supremacy the like authority ( Code Nap. 463). So also,
and excluding the supremacy of the Pope in bringing or compromising a suit on behalf
over the English church (see title CHURCH of the child , or generally in compounding
AND STATE ). In case the dean and chapter claims, and in numerous personal relations,
neglect or omit for more than twelve days e.g., consent to marriages of orphans, the
to make the election pointed out and per authority of this body is necessary.
mitted to them , the king may thereafter CONSEIL JUDICIAIRE . In French
elect by hisownletters patent. The prelate Law, when a person has been subjected to
must do homage to the sovereign, from an interdiction on the ground of his insane
whom also be must sue out his temporalities. extravagance, but the interdiction is not
CONJUGAL RIGHTS, RESTITUTION OF. absolute, but limited only, the Court of
Under the stat. 20 & 21 Vict. c. 85, ap first instance which grants the interdiction ,
plication for this purpose may be made appoints a council, with whose assistance
to the Court by either hushand or wife the party may bring or defend actions, or
upon petition . The adultery of the wife is compromise the same, alienate his estate
a bar to her obtaining restitution (Hope make or incur loans, and the like.
I 2
CONSENSUS NON CONCUBITUS. The CONSIDERATION - continued .

maxim consensus non concubitus facit mutri. torious considerations are sometimes both
monium literally translated means that it denoted by the phrase good consideration .
is consent and not cohabitation that pro- A bargain and sale requires a valuable con
duces marriage. But of course colabitation sideration in money ; a cuvenant to stand
long continued is a ground for presuming seised requires a meritorious consideration .
consent, unless that presumption can be
otherwise displaced. CONSISTORY COURT. The Consistory
See titles COHABITATION : MARRIAGE. Court of every diocesan bishop is held in
their several cathedrals for the trial of all
CONSENSUS TOLLIT ERROREM : See
ecclesiastical causes arising within their
title COMMUNIS ERROR FACIT Jus . respective dioceses. The bishop's chan
CONSENT OF THE CROWN . In cases cellor or his commissary is the judge, and
where the proceedings of Parliament may from bis sentence an appeal lies to the arch
interfere with the rights or prerogatives of bishop of each province respectively, or to
the Crown, by the provision of any par . the Dean of Arches, as his officer.
ticular bill introduced into any branch of See titles COURTS, ECCLESIASTICAL ;
the legislature, it is necessary to obtain OFFICIAL PRINCIPAL.
the consent of the Crown before such bill
CONSOLIDATED ORDERS. These are
can pass through any of its stages. certain general orders and rules prescribing
CONSENT, JUDGMENT OR ORDER BY. the method of procedure in the Court of
Usually a judgment or order obtained by Chancery , and a great portion of these have
consent is not appealable ; and after it has been in no way affected, and a still greater
been passed and entered it cannot even be portion of them only partially and imma
varied on the ground of mistake, unless for terially affected , by the orders and rules
reasons sufficient to set aside the agreement made under the Judicature Acts. The84
( Attorney -General v. Tomline, 7 Ch. Div. consolidated orders, which were promul
388 ) ; but a consent given by counsel, gated under the chancellorship of Lord
although in the presence and with the Campbell,and which came into force from
sanction of his client, may be withdrawn and after the 14th of February, 1806 , are
before the order is drawn up, if the consent so called because, after abrogating (with a
has been given through inadvertence, but few specified exceptions) all the then ex
not if the client hos changed his mind isting or prior orders, they consolidated the
merely ( Holt v. Jesse, 3 Ch. Div. 177). rules of practice and procedure generally
See titles CONSENT SUIT ; SHORT CAUSE. ( see Morgan's Chancery Acts and Orders,
CONSENT OF PROTECTOR : See title 4th ed ., 360-614) ; and subsequently there
PROTECTOR . have been certain supplementary orders
and rules which are called by their proper
CONSENT SUIT : See title SHORT CAUSE . dates ; and the prior orders remaining un
CONSEQUENTIAL DAMAGES : See title abrogated by the consolidated orders are
DAMAGES. also now distinguished by their proper
dates.
CONSERVATORS. This phrase is almost See title ORDERS AND RULES.
exclusively applied at the present day to
the boards of persons having the care and CONSOLIDATIO . In Roman Law , is
management of the Thames and its con- the merger which arises by release in
tributories, or of other rivers. Their con- English Law .
stitution, interests, and powers are to be CONSOLIDATION OF ACTIONS. Where
he
collected mainly , if not entirely, from the
particular statutes passed regarding them .
in
Justice there are several pending actions
See title TAAMES CONSERVANCY. instituted by the same plaintiff or plain
CONSERVATORS OF THE PEACE : See tiffs against divers defendants, —then, if
title JUSTICES OF THE PEACE, ORIGIN OF. the question or questions in dispute are
substantially the same in all the actions
CONSIDERATION . This is one of the (and, consequently, the evidence in proof
three particular requisites, or essentials, to or disproof of the question or questions,
a simple contract. It is not necessary in when of fact, is substantially the same),
the case of a contract of record, or by the Courtwill, upon the application of the
specialty. Considerations are usually divers defendants, or of such of them as
valuable (i.e., for money or money's worth), have appeared, and so soon as they have
and forbearances as well as acts are in- appeared , order the several actions to be
cluded among valuable considerations. consolidated (Order LI., 4 ). In the conso
Some considerations are merely voluntary, lidation-order, or rule, the applicant-de
and others are meritorious ( i.e., for natural fendants jointly and severally undertake
love and affection ). Valuable and meri- to abide by the verdict or judgment in the
CONSOLIDATION OF ACTIONS - contd . CONSOLS - continued .

consolidated action ; but this undertaking fund , and the South Sea fund, were com
does not, of course, interfere with these bined together into one consolidated fund,
defendants' right of moving to set aside See title NATIONAL DEBT.
the verdict, or of moving by way of appeal CONSPIRACY. This is a criminal of
from the judyment. The order of consoli fence of the degree of a misdemeanour , and
dation is not binding on the plaintiff is punishable with fine or imprisonment,
strictly speaking, but it is binding upon or both . It is defined as an agreement
him practically. between two or more persons, — ( 1.) Falsely
CONSOLIDATION OF MORTGAGES. As to charge another with a crime punishable
*/
a general rule, both in suits for foreclosure
and in suits for redemption, the mortgagor
cannot redeem one mortgage without re
by law , either from a malicious or vindic
tive motive or feeling towards the party,
or for the purpose of extorting money from
deeming all other mortgages which the him ; or, (2.) Wrongfully to injure or pre
mortgagee holds upon any part of his judice a third person, or any body of men,
property; for these the mortgagee has a in any other manner; or, (3.) To commit
right to consolidate together ( Selby v. any offence punishable by law ; or, (4.) To
Pomfret, 1 J. & H. 336). And this rule is do any act with intent to prevent the
applicable as well to mortgages of realty course of justice ; or, (5.) To effect a legal
(Nere v. Pennell, 11 W. R. 986) as to mort purpose with a corrupt intent, or by im
gages of personalty (Watts v. Symes, 1 De proper means.
G.M.& G. 240), and holds good against a CONSTABLE . The word constable has
purchaser for value of the equity of re been said to be derived from the Saxon
demption, and also against a subsequent language, and to signify the support of the
mortgagee thereof, although each is without king ; but others have,with greater reason ,
notice of the other mortgages ( Beevor v. supposed it to be derived from the Latin
Luck , L. R. 4 Eq. 537). comes stabuli, an officer who among the
This doctrine of consolidation depends Romans used to regulate all matters of
upon a principle altogether different from chivalry, tilts, tournaments, and feats of
that upon which tacking depends. Be arms, & c. (1.) The Constable of England, or
cause in tacking , the right is to throw Lord High Constable, as he was called, was
together several debts lent on the same an officer of high dignity and importance
estate, and to do so under the priority and in this realm about the timeof Henry VIII.;
protection afforded by the legal estate ; but but since that period the office has been
in consolidation, the right is to throw disused in England, except on great and
together on one estate several debts lent on solemn occasions. He was then the leader
different estates, and to do so without re of the king's armies, and had the cogni
ference to any priority or protection af zance of all matters connected with arms
forded by the legal estate, but solely upon and war. He also sometimes exercised
the equitable maxim that he who seeks judicial functions in the Court of Chivalry,
equity must do equity. Further, not only where he took precedence of the earl mar
is getting in the legal estate not necessary shal. His jurisdiction is partly now vested
as a preliminary to consolidation as it is to in the Court of Admiralty . The constables,
tacking, but even notice at the time of lend bowever, to which we more immediately
ing the mortgage money on the second refer now are of two sorts, high constables
estate, which would be fatul to any subse and petty constables. (2.) High Constables
quent right of tacking, is wholly imma are appointed at the Court leets of the
terial as regards the right of consolidation franchises or hundreds over which they
(Fisher on Mortgages, 2nd ed ., pp. 678, preside, or in default of that, by the justices
679). But see Baker v. Gray. L. R. 1 Ch. at the quarter sessions, and are removable
Div . 491 ; Brown's Snell's Principles of by the same authority that appoints them .
Equity, 5th ed. pp. 317, 318. Tliey have the superintendence and direc.
See titles MORTGAGE; NOTICE ; Tack tion of all petty constables within their
ING . district, and are in some measure respon
CONSOLIDATION ORDER OR RULE : sible for the conduct of these latter. They
See title CONSOLIDATION OF ACTIONS, have also the surveying of bridges, the
issuing of precepts concerning the appoint
CONSOLS . Are the Consolidated Bank ment of overseers of the poor, of surveyors
Annuities of the UnitedKingdom of Great of the highways, of assessors and collectors
Britain and Ireland . They are called con of taxes, &c. ( 3.) The duties of Petty Con
solidated, because in the year 1787 , the stables are subordinate to those of the high
three separate capital funds representing constable, and of a less important character.
the National Debt, theretofore variously (4.) There are also Constables of Castles, who
designated the aggregate fund, the gene rul are governors or keepers of the same, and
CONSTABLE - continued . CONSTITUTION , CHARACTER OF ENG

whose office is usually honorary . There LISH-continued.
constables of castles possessed jurisdiction wardships, escheats, and forfeitures were
within the precincts of the manors on exercised unsparingly ; also, lastly in the
which their castles were built ; but by circumstance that the forest jurisdictions,
MagnaCharta (1215), chap. 21, no sheriff, although nominally abridged by the
constable, coroner, or bailiff of the king Charta di Foresta, were still extensive and
was thereafter to hold pleas of the Crown . encroaching. It may, therefore, be con
See titles ARREST ; POLICE ; WARRANT. cluded that Fortescue's opinion is more
flattering than true, and that Hume's
CONSTABLE OF ENGLAND : See title opinion is slightly overdrawn the other
CONSTABLE.
way.
CONSTABLES OF CASTLES : See title CONSTITUTION, GROWTH OF. Thie
CONSTABLE . English constitution, unlike the American
one, was not made, but grew ; and the
CONSTITUTION, CHARACTER OF ENG following stages in its growth are roughly
LISH. According to Sir John Fortescue distinguishable :
(who was tutor to Henry VI. ), the English (1.) The reign of Henry III. , in which
Government is political and not regal, that three points were established, namely
is, limited and not absolute. Even the ( a .) The Commons' right to participate
king's prerogatives are given to him only in taxation ;
for the subject's good. According to Mr. (6.) The Commons' right to participate
Hume, on the other hand, the Government in legislation ; and
of England, in its earlier periods, was most (c.) The Commons' right to control the
arbitrary and absolute . application of supplies ;
Certain it is that the prerogative of pur
veyance, as regards both articles of con (2.) The reign of Edward III ., in which
sumption and labour, had been commuted three points were established , namely
into a right of pre - emption at a reasonable
(a.) The Commons' right to participate
in taxation ;
price ; that in judicial matters, torture was (6.) The Commons' right to participate
unrecognised by the law, although occasion in legislation ; and
ally resorted to in fact ; that the rights of (c.) The Commons' right to inquire into
juries were respected the Courts of Law ,
although sometimes evaded ; and that il public abuses, and to impeach
legal condemnations upon political charges public ministers ;
were infrequent. Therefore England, com (3.) The reigns of Henry IV., V., and
VI. (Lancastrian line), in which seven
pared with other countries, was more nearly points were established, namely ,
what Fortescue says than Hume ; and (a.) The Commons' exclusive right in
Hallam supports Fortescue's opinion. matters of taxation ;
Hallam, moreover, attributes this gi neral (6.) The Commons' right to appropriute
character of the English constitution to the supplies ;
the four following causes, namely :
( 1.) The civil equality of all freemen (c.) The Commons' right to make grants
below the rank of the peerage ; of supplies conditional upon re
dress of grievances ;
(2.) The subjection of the peers them (d.) The Commons' right to participate
selves to the impartial arm of in legislation ;
justice and taxation ; (e.) The Commons' right to control the
(3.) The passion of the early kings for administration ;
continental conquest, whereby
they were constantly in want of ( f.) The Commons ' right to impeach
money ; and public ministers ; and
(4.) The vigour of the first three Norman (g.) The Commons' rights of privilege,
sovereigns, who effectually re namely
pressed the principles of insubor (aa.) Freedom of speech in Parlia
ment ;
dination and resistance, which
were natural to feudalism. (bb.) Freedom from arrest during Par
liament ;
At the same time there is some justifica (cc.) Right of decision upon election
tion for Hume's opinion, in the frequent returns. i
interferences of the King's Privy Council
in matters affecting the liberties and pro CONSTITUTIONES. Were laws promul
perties of the subject ; also, in the fact gated, i.e. , enacted by the Roman Emperor.
that the constable and the marshal exer They were of various kinds, namely , the
cised a large jurisdiction , which was most following :
arbitrary ; also , in the circumstance that ( 1. ) Edicta : See title EDICT.
the feudal sights of the Crown, namely, (2.) Decreta : See title DECRETUM .
CONSTITUTIONES — continued . CONSTRUCTIVE TRUST - continued .

(3.) Rescripta , called also Epistolae : lien and heir-of-mortgagee's trust for next
See title RESCRIFTUM . of kin .
Sometimes they were general, and in See title TRUSTS.
tended to form a precedent for other like CONSUL. This is an officer of a com
cases ; at other times they were special, mercial character, appointed by the dif
particular, or individual ( personales ), and ferent states to watch over the mercantile
not intended to form a precedent. The interests of the appointing state, and of its
emperor had this power of irresponsible subjects in foreign countries. There are
enactment by virtue of a certain lex regia, usually a number of consuls in every mari
whereby he was made the fountain of justice time country, and they are usually subject
and of merey . to a chief consul, who is called the consul
See title Lex REGJA.
general. A consul is not a public minister,
CONSTITUTIONS OF CLARENDON : See nor entitled to the immunities of such ; but
title CLARENDON, CONSTITUTIONS OF. in the absence of an ambassador or chargé
CONSTRUCTION , RULES OF. The d'affaires, a consul-general may act as tem
various rules for the construction of docu porary minister, and as such, semble, he is
ments, whether wills or writings inter entitled for the time to these immunities,
viros, are stated under the title INTERPRE and to that position (Tuson on Cunsuls).
TATION, along with which the title Ex CONSULTATION : See title CONFERENCE.
TRINSIC EVIDENCE should be consulted.
CONSULTATION, WRIT OF. When a
The great rule is of course to arrive at the party to a suit in one of the inferior Courts
intention from the words used, not to con had obtained a writ of prohibition from one
jecture an intention , and then make the of the superior Courts from proceeding
words conform to it. Precedents or de further in the matter, and such superior
cided cases are of absolutely no good as a Court finally, after demurrer and argument,
means of construing any new document; was of opinion that there was no competent
but they may ( and often do) furnish or ground for having so restrained such in
exemplify a principle of construction that ferior jurisdiction, then judgment was
may be serviceable.
given against him who applied for the
CONSTRUCTIVE FRAUD . Is a fraud in prohibition in the superior Court, and a
the view of a Court of Equity, although it writ of consultation was awarded ; so called
falls short of actual fraud . Thus, it is because, upon consultation and delibera
neither a suppressio veri nor a suggestio tion had, the judges found the prohibition
falsi, i.e., it is neither a fraudulent con . to be ill founded, and therefore by this
cealment nor a fraudulent misrepresenta writ they returned the cause to its original
tion ; nevertheless, it is construed to be a jurisdiction to be there determined in the
fraud ,-either ( 1. ) Because it is contrary to inferior Court. But the writ of consulta
the policy of the law or to general public tion appears to be wholly obsolete.
policy; or (2. ) Because it arises from an See titles CERTIORARI; PROCEDENDO.
abuse of the fiduciary relations ; or (3.) Be CONSUMMATION OF MARRIAGE. Is
cause it has effects that are unconscionable as the effective sexual intercourse of newly
regardseitherthe party immediatelyaffected married people. Where this is impossible,
by the fraud on some third party. Marriage it is a ground for nullity of marriage, as
brokage contracts are an example ofthe first distinguished from a divorce, which im
species of constructive frauds ; gifts from a plies a consummation. The decree of
client to his solicitor of the second ; and nullity is nisi in the first instance (36 Vict.
post-obit bonds of the third. The alleged
fraud may, however, be disproved , like c. 31 ).
every other presumption of the Court, by CONTAGIOUS DISEASES. Various sta
extrinsic or other evidence to the contrary. tutes have been passed to check the spread
See title FRAUD . of contagious diseases, as well in the case
CONSTRUCTIVE
of human beings as in the ase of the
NOTICE : See title brute animals. The two principal statutes
NOTICE. for the examination and (if necessary ) the
CONSTRUCTIVE TRUST. Is a trust treatment of prostitutes at certain military
which is raised or created , i.e., constructed , and naval stations are 29 & 30 Vict. o. 35,
by a Court of Equity without regard to the and 32 & 33 Vict. c. 69 ; but the policy of
intention of the parties , -in this respect this legislation being questioned by some
differing from an express trust which is persons, the repression of contagious sexual
founded on the expressed intention, and disease makes little progress. The Public
from an implied or resulting trust which Health Acts contain provisions for the re
is based on the implied intention. Ex pression of smallpox and other like dis
amples of constructive trusts are aa vendor's orders, by isolation of the sufferers and
CONTAGIOUS DISEASE8 — continued . CONTESTATIO LITIS . Was that stage

otherwise. The principal statutes seeking in an action in Roman Law at which issue
to exclude the importation of infected was joined, and the parties were thereafter
animals or their exposure in proximity to bound to stand or to fall by the issue so
others not infected, and providing for their joined . It operated a novatio of the ori
slaughter or detention at the port of im gival obligatio, and as having that effect
portation are 32 & 33 Vict. c. 70, and 39 & it is mentioned by Gaius as one of the
40 Vict. c. 36. modes of determining or of discharging an
obligation .
CONTEMPORANEA EXPOSITIO. The See titles LEGIS ACTIONES ; MERGER.
maxim contemporanea expositio est optima
et justissima in lege means that the con CONTINGENCY, DOUBLE. The law will
struction which a statute receives at the not tolerate or recognise any estate or
time it is first enacted is the most likely to interest or right dependent upon a double
be the true construction (Morgan v. Craw possibility or double contingency. This is
shry, L. R. 5 H. L. 304 ). a mere rule of prudence and common life,
See title OPTIMUS LEGUM INTERPRES acted upon every day. One of its applica
CONSUETUDO . tions in law is the rule for the creation of
contingent remainders in real estate which
CONTEMPT OF COURT. This consists cannot be given to a person who is doubly
in any refusal to obey an order or process unborn, i.e., to the child of an uuborn
of the Court, or in offending against par father.
ticular statutes, the contravention of which
is thereby declared to be a contempt of CONTINGENT DEBT. May or may not
Court; or in interfering with and violating be provable in bankruptcy, according as in
the known and well-ascertained rules of the the judgment of the registrar it is or is not
Court, e.g., of the Court of Chancery, re capable of being estimated ; and his deci
garding the custody or marriage of its sion upon the point seems nccessary to be
wards; and also in certain offences of aa obtained.
vague kind, but which are generally cal See title PROOF OF DEBTS IN BANK
culated to prejudice the Court in its tria) RUPTCY .
of the action , or in the regurd of the people
for it. See the true nature of the offence CONTINGENT LEGACY. Is a legacy
stated in the Queen v. Castro ( L. R. 9 Q. B. wbich is to vest in the legatee upon the
219). Every Court has, subject to the con happening of some specified event, e.g.,
trol of the Court of Queen's Bonch, in he upon the legatee's marrying or attaining a
certain age.
rent power to punish for a contempt of
Court, by whomsoever committed, and the
offender may be committed without war CONTINGENT REMAINDER . This is a
rant ( In re Wilson , 7 Q. B. 984). The limitation of an estate, which is copfined
contenipt for which a County Court may to real property . For the rules and limits
commit must be a contempt in facie curiæ of its creation, and for its inore accurate
(9 & 10 Vict. c. 95, 8. 113). The jurisdic definition , see title INCORPOREAL HEREDITA
tion to commit for contempt is not to be
MENTS . Words appearing to create a con .
used slightly, or for collateral purposes tingent remainder in personal property do
(In re Clements, 46 L. J. (Ch.) 375 ). not in fact create one, but create an exe
See title CONTUMACY. cutory interest, which in its definition and
in the rules and limits of its creation differs
CONTENEMENT. A landowner's tene very materially from a contingent re
maindi r.
ment is so called, when regarded as his See title INCORPOREAL HEREDITAMENTS.
means of support. i.e., the lands are the
same to the landbolder as his merchandize
is to the merchant, or his wainage to the CONTINUANCE. Anciently the parties
waggoner. to an action, or their attorneys for them ,
used to appear in open Court; the plaintiff's
CONTENTIOUS JURISDICTION . The advocate stated his cause of complaint vivân
litigious proceedings in the Probate Divi voce ; the defendant's advocate his ground
sion of the High Court are sometimes said of defence ; plaintiff's advocate replied ;
to belong to its contentious jurisdiction, in and the altercation continued till the two
contradistinction to what is called its parties came to contradict one another, or,
voluntary or non -contentious jurisdiction. as it was termed , to an issue. If this issue
Dr. Tristram's book on the Court of Pro was upon a point of law , the judges decided
bate is subdivided into the Non -contentious it : if upon a point of fact, it was tried hy
and the Contentious Jurisdictions of the a jury, or by one of the other modes which
Court. prevailed at that period. While this was
See title VOLUNTARY JURISDICTION. going on , the officers of the Court, who sat at
CONTINUANCE- continued . CONTRABAND - continued .

the feet of the judges, took a written minute defined . Nevertheless all articles ancipitis
of the proceedings on a parchment roll, Usus, and even articles of use in peace
which was called the record, and was pre only become contraband by destination, if
served as the official history of the suit, attempted to be carried into a blockided
and that alone, the correctness of which port. Even persons and papers of a diplo
could be afterwards recognised and de matic character may be contraband. The
pended on , was the only evidence of the penalty for wilfully carrying contraband
matters stated there, and the Court would either in se or by destination is forfeiture
not allow it to be contradicted. As the of the vessel as well as of the cargo.
proceedings generally occupied more days CONTRACTOR : See title Sub - CON
ihan one, the Court used to arljourn them TRACTOR .
from time to time ; if these adjournments,
which were called continuanre, were not CONTRACTS . There are three classes of
made, the suit was at an end, since there contracts :
was no period at which either party had a (1.) Record.
right again to call the Court's attention to (2.) Specialty
it; and if the continuance, though made, (3.) Simple .
were not entered on the record, the suit Ì. Contracts of records, which are really
was equally at an end, since the record was only judgments, possess the following
the only evidence the Court would admit characteristics :
of the fact of the continuance. In such a ( 1.) They merge all other contracts or
case the action was said to be dis -continued . grounds of action ;
And latterly when a cause was put down (2.) They have the effect of an estoppel ;
in the list of causes to be tried at a certain (3.) They require no consideration ;and,
time, and from some cause or other it was (4.) They used to bind the land of the
not then tried, but was adjourned, a minute judgment debtor, but since 1864
of such adjourument was entered on the they do not.
record, which was technically termed en II. Specialty contracts, which are really
tering a continuance, because such entry only agreements by deed , possess the fol
signified that the cause wasnotyet finished , lowing characteristics :
but continued pending. This practice of (1.) They merge all simple contracts or
entering continuances was, however, abol other grounds of action ;
ished by r. 31, T. T., 1853. (2.) They have the effect of an estoppel ;
CONTINUANDO. In trespasses of a per (3.) They require no consideration ; an i
manent nature, where the injury is continu.
(4.) They may be made to bind the land
by binding the heir.
ally renewed (as by spoiling or consuming
the herbage with the defendant's cattle ) Specialty contracts, although they estop
the declaration may allege the injury to the parties,may beavoided on the ground
have been committed by continuation from of fraud or illegality :: thus in Collins v .
one given day to another, which is called Blantern ( 2 Wils. 341) the defendant had
laying the action with a continuando, and covenanted by deed to pay the plaintiff
the plaintiff shall not then be compelled to £ 700, and having refused to do so the
bring separate actions for every day's sepa plaintiff sued hiin upon the covenant ; the
rate injury. 2 Roll. Abr. 545 . defendant pleaded that the bond wasgiven
as part of a scheme for stifling a criminal
CONTRABAND . Some articles are noto prosecution ; this plea was held to be a
riously and essentially contraband, i.e., good defence.
capable of being used in war only ; other Specialty contracts may be discharged
articles are in the opposite extreme, and in two ways :
(excepting by some imaginative appli (1.) By performance ;
cation ) can never be useful in war at all. (2.) By another specialty substituted for
Between these two extremes, there are them , but not by any mere simple
many articles said to be " ancipitis usus," contract.
i.e., of variable application, usually in Thus : if a man has covenanted to repair or
peace but not unfrequently in war. Articles to build a house he can only be discharged
ancipitis usus are such articles as provi by doing the thing, or else by another deed
sions, coals, naval stores, timber, tar, and releasing him . This rule is without ex
the like. Such articles, if the natural pro ception where the covenanthas not yet been
ductions of the country conveying them , broken ( i.e., before breach of covenant),
should be privileged from the confiscation but after breach there is one exception , and
which carrying contraband entails ; but that is where an uncertain sum of money
this question is at present the subject of is to be got as damages for the breach
no settled law, and the very list of articles ( Blake's Case, 6 Rep. 43 b ).
ancipitis usus has never been completely III. Simple contracts. To every simple
CONTRACTS - continued . CONTRACTS- continued .
contract there are the three following moved , which means that no person can
general or abstract requisites : sue on a contract excepting the parties to
( 1. ) Certainty in the termsof the contract; it ; and this is what is understood by privity.
(2.) Assent of both parties to it (assensus An example of the absence of privity is
ad idem) ; and the following :-A. gives £50 to his servant
( 3.) Mutuality of obligation. to pay a tradesman's debt ; the tradesman
To every simple contract there are also the knowing of it sues the servant for money
three following particular requisites : had and received to the tradesman's use
( 1.) Request ; ( Baron v. Husband, 4 B. & Ad. 611 ) ; in
(2. ) Consideration ; and this case the tradesnian lost his action for
( 3.) Promise. want of privity between him and the
Whence the following distinction , viz. : servant.
I. Where the consideration is execulory, CONTRACTS IN RESTRAINT OF MAR
i.e. , in the case of erecutory contracts, the RIAGE. The law as to these is ,—that the
request and also the promise are implied contract if in general restraint is void , if
by law, although, of course, buth or either for a partial restraint only is good.
of them may be express . See titles CONDITIONAL LIMITATIONS ;
II. Where the consideration is executed, Conditions VoiD ; RESTRAINTS UPON
i.e., in the case of executed contracts, --sub MARRIAGE.
divided into the following two classes of CONTRACTS IN RESTRAINT OF
cases, viz. :
TRADE. All such contracts as a general
( 1.) The acceptance of an executed con rule are void , because they are against
sideration which was not moved
by a previous request ; and public policy (Mitchel v. Reynolds, i Sm .
(2. ) A consideration executed on request. L. C. 356). But such contracts are allowed
The former of these two subdivisions is to be good where the restraint is limited to
invariably obligatory as a ratification (see a particular time, or to a particular locality,
title RatiFICATION ) ; but as to the second and when a valuable consideration has been
subdivision , the following varieties present given for them.
themselves, viz. : The requisites to a valid contract in
restraint of trade are two, viz :
(a .) Where the plaintiff has been legally ( 1. ) That the restraint be limited either
compelled to pay what the defen
dant was legally compellable to pay, in time or in locality, or in both ;
and
e.g., A. was surety for B for £ 500
owing by B. to C. ; C. compelled (2.) That a valuable consideration should
A. to pay ; then A. brought his have been paid for the restraint.
action against B. to be repaid. What shall be reasonable in point of
Here the request and the promise time or locality varies with the nature of
the business.
are both implied in law ;
(6.) When the plaintiff has voluntarily And generally, the restraint is only
paid what the defendant was allowed so far as is necessary to protect
the trader.
legally compellable to pay, and the
defendant afterwards promises to CONTRACTUS. In Roman Law has been
repay the plaintiff, e.g., A. owes defined as a pact plus an obligatio . It is
B. £ 50, and C. , to oblige A. , pays included under the more general word
the £50 to B. for him, then A. conventio, which however extends to in
promises to repay C. Here the cluding also a simple pact; it is commonly
request to pay is implied in law, opposed to delictum, which is the English
but the promise is not; and tort in substance. The Roman Law recog
(c.) When the plaintiff has voluntarily nises four determinate classes of contracts
paid what the defendant was proper, namely, Real (re), Verbal (verbis),
morally, but not legally compellable Literal ( literis ), and Consensual (consensu ),
to pay, e.g., A. owes B. £ 50 on an -the varieties of the real being the mu
immoral debt, and C., to oblige A., tuum , the commodatum, the depositum ,
pays it ; then A. afterwards pro and the pignus, and the varieties of the
mises to repay C. Here the re consensual being the contract of sale ( emptio
quest to pay is not implied, and venditio ), the contract of hiring ( locatio
the promise to repay is without a conductio ), the contract of partnership
legal consideration. (societas), and the contract of mandate
In every contract privity is an essential (mandatum ). The verbal contract is simply
requisite to any one suing on it ; in other the stipulatio ; and the literal contract was
words, no person can take advantage of the the nomen, in its two varieties, viz., a re in
consideration in a contract excepting the personam ( being aa transfer from the day
party from whom the consideration has book into the ledger) and a personâ in per
CONTRACTUS - continued . CONTRAT - continued .

sonam (being a transfer from one column (3.) Commutatif, where one does to the
of the ledger into another column of the other something which is sup
same book ). There were also several in posed to be an eqnivalent for what
noininate ( i.e., unclassified and unclassifi the other does to him ; or
able) contracts, such as Precarium , Permu. (4.) Aléatoire, where the consideration
tatio, De Aestimato, and Transactio. And for the act of the one is a mere
in Roman law , wherever a consideration chance ; or
underlay any agreement or pact ( subest (5.) Contrat de bienfaisance, where the
tamen causa ), theagreementor pact became oue party procures to the other
actionable as a contract, just as in English a purely gratuitous benefit; or
Law . There were also many implied con- (6.) Contrat à titre onereux , where each
tracts in Roman Law ; and in addition party is bound under some duty
there were six quasi contracts so -called, to the other .
namely , the negotiorum gestorum, the tutor CONTRIBUTION . It is a rule of law,
et pupillus,the rei erciscundae, the communi that all persons in the nature of co -sureties
dividundo, the haeres legatorum nomine, for the debt of another shall directly (as in
and the indebiti solutio,-- all which curre Roman Law ) or indirectly (as in English
sponded more or less with , but differed in Law) bear their proper share of the liability ,
materialrespects from , the contracts properly so far as regards the mutual relief of each
so called .
other, and depend for their individual re
CONTRACTUS, BONAE FIDEI. In imbursement upon their action against the
Roman Law , were those contracts (e.g., principal debtor. The remedy of a co
emptio venditio) which admitted of equi- surety against his co -surety is said to be
table defences and other equitable con- for Contribution ; that against the principal
siderations; they were opposed to contracts debtor is said to be for Re-coupinent. It is
stricti juris (e g. , stipulatio ), which admitted likewise a rule of law, that there is no
no such equitable defences or considera- contribution between wrongdoers (Merry
tions,- at least, until their originalcharacter weather v. Nixan, 8 T. R. 186) ; secus, if
was compelled by statute to admit them . the wrong is abreach of trust.
All the praetorian contracts were contractus See titles RECOUPMENT ; SURETYSHIP.
bonae fidei ; but some of the civiles contrac CONTRIBUTORIES. In the winding-up
tus were also bonae fidei. of contribute
an insolvent company the persons liable
CONTRACTUS, CIVILES. In Roman to towards payment of the cre
Law, were those contracts (e.g., emptio ditors of the company are so called. Where
venditio ) which were actionable either in the company is limited, this liability ex
virtue of the old common law or by virtue tends of course only to the amount limited
of any particular statute ; they were opposed and remaining unpaid, whether such lia
to the contractus praetorii which were bility is limited by shares or by guarantee
actionable only through the aid of the ( see title LIMITED LIABILITY) ; secus, where
praetor, who (for that purpose ) had to the company is an unlimited company.
adopt the existing legal forms of actions. There are usually two classes of contribu
See title FORMULE. tories arranged on two lists, -the A. list
CONTRACTUS PRAETORII : Sec title and the B. list. The A. contributories are
first liable to the full extent of the liability
CONTRACTUS, Civiles. whether that is limited or is unlimited ;
CONTRACTUS STRICTI JURIS : See and next to them , the B. list is liable, so
title CONTRACTUS BONAE FIDEI. far as the liability of the A. list has not
been fully met, but not of course further ;
CONTRAINTE PAR CORPS. In French
and this liability of the B. list is further
law, is the civil process of arrest of the confined to debts and liabilities already in
person , which is imposed upon vendors curred at the date of the B. list ceasing to
falsely representing their property to be be existing members of the company. For
unincumbered , or upon persons mortgaging the B. list comprises all past members of
property which they are aware does not the company who have not for one whole
belong to them , and in other cases of moral year next before the commencement of the
heinousness. winding-up of the company ceased to be
CONTRAT. In French Law, contracts members ; and the A. list comprises all
are of the following varieties : present members of the company , i.e.,
(1.) Bilateral, or, synallagmatique, where members being such at the date of the
each party is bound to the other commencement of the winding up .
to do what is just and proper ; or See title WINDING -UP, COMMENCEMENT
(2.) Unilateral, where the one side only OF ; also title Cost BOOK MINING
is bound ; or COMPANIES.
CONTRIBUTORY NEGLIGENCE . Is the CONVENTION PARLIAMENT, ACTS OF
negligence of an injured person, who but - continued .
for such negligence might or would have this parliament ( which assembled in 1600)
escaped all injury. By the common law, were the following :
the effect of it was and is to deprive the ( 1. ) An indemnity for the past ;
injured party of all right to damages for (2. ) The restoration of the church ;
the injury , —but the rule is now different as (3. ) The settlement of the revenue ; and
regards the collision of vessels, where both (4.) The repeal of the late obnoxious
are to blame (see title CollisioN ). The statutes.
negligence of a servant is the negligence of With reference to the first of these four
the child she is carrying in her arms. matters, Charles II. , by his declaration from
CONTUMACY . Is the term used for Breda, had offered an indemnity to all
contempt of Court, as regards matters persons who had been concerned in the
ecclesiastical , and the Ecclesiastical Courts. late irregular proceedings, with the excep
See title CONTEMPT OF COURT. tion only of his father's regicides ; and
this promised indemnity was endeavoured
CONUBIUM . In Roman Law was the to be secured by “ The Act of Indemnity
.)
right of intermarriage between two per and Oblivion ,” which Act excepted, how
sons ; the marriage itself was contracted ever, not only those who had signed the
by the consent of the parties followed by death-warrant against Charles I., but also
the deductio in domum of the wife, the all those who had sat when sentence was
other formalities of the law being also ob pronounced against that king, together
served , when there were any. People with several others.
might intermarry without having the co With reference to the second of these
nubium ; but the effects of such a marriage four matters , Episcopatianism was restored
were limited , the children not being in the as the national religion, and with it the
potestas of the parent, nor taking the bishops were reinstated in the House of
quality of the father but following the Lords. The lands, also, of the church ,
mother's condition. The right of inter which had been confiscated, and some of
marriage was frequently conceded to foreign them even sold to purchasers from the
states ; and some general statutes were state, were also restored to the church, and
passed (e g ., Lex Aelia Sentia) to enable no compensation given to the purchasers
Latin freedmen to intermarry with Roman who were deprived of thein . " The dis
citizens, and to cure certain mistakes apt possessed clergy who survived at the Re
to be committed in such latter kinds of storation were restored to their former
marriages. livings or to fresh benefices, so far as such
restoration could be carried out without
CONYENT. A religious house, now re dispossession of the then existing incum
garded as a merely voluntary association, bents, who were allowed to remain in
not importing civil death (In re Metcalfe, possession if willing to conform .
83 L. J. (Ch.) 308). With reference to the third of these four
See titles CHURCH AND STATE ; MONK.
matters, military tenures were abolished ,
CONVENTICLE ACT. An Act of 1664, and with them the revenue derived by the
for the suppression of religious assemblies Crown from aids, wardships, & c.: and, in
of Non -conformists, forbidding the as lieu thereof the excise was given to the
sembling of fivepersons (besides the house Crown .
hold ) at any religious meeting. With reference to the fourth of these four
See title FIVE -MILE ACT . matters, the militia was replaced under the
CONVENTIO : See title CONVENTION. sole command of the king ; the Triennial
Act of 1641 was repealed :; and the follow
CONVENTION . The most general name ing Acts of an ecclesiastical character were
for agreement ; it is the conventio of Roman passed :—The Corporation Act, the Act of
Law . Uniformity, the Act against Conventicles,
See titles CONTRACTUS; PACTS. and the Five Mile Act .
CONVENTION PARLIAMENT. A title CONVENTIONARY TENEMENTS . Are
commonly given to the Parliament of 1660, tenements within the assessionable manors
but which is also applicable to that of of the Duchy of Cornwall, held from seven
1688, and in fact to any Parliament which years to seven years under the duke.
assembles proprio motu , without being sum Many of them have been enfranchised
moned by the Crown . under the statutes 7 & 8 Vict, c. 105 and
See titles SEPTENNIAL ACT ; TRIEN 11 & 12 Vict. c. 83.
NIAL Act. See titles ASSESSIONABLE MANORS ;
CONVENTION PARLIAMENT, ACTS CORNWALL, DUCHY OF.
OF. The matters to be provided for by CONVENTUAL CHURCH . A church
CONVENTUAL CHURCH - continued. CONVEYANCER- continued .

consisting of regular clerks professing some they have a legal right to recover their
order of religion, or of a dean and chapter, conveyancing fres or charges.
or other such society of ecclesiastics. Cowel . See title CoxVEYANCING COUNSEL.
CONVERSION . This word has two sig- CONVEYANCES. These, which an

nifications in law. ( 1.) In the action of ciently were called Assurances, are in
trover it denotes the appropriating by the struments under seal, whereby lands are
defendant to his own use of the goods of conveyed or assured from the vendor to the
the plaintiff, in a manner short of criminal ; vendee, so as to vest in the latter such an
the appropriation consisting substantially estate as the vendor has in himself to con
in the negative act of withholding them vey or assure, and as the words of limitation
from the plaintiff, upon his demand ; (2. ) In in the deed limit or mark out.
Equity it denotes the notional alteration Conveyances arrange themselves under
of land into money, or of money into land, two great classes, viz . :
in accordance with a direction to that ( I.) Conveyances at the Common Law ,
effect of a testator or settlor, and in pur- and hereunder :
suance of the equitable doctrine that what ( 1. ) Feoffments ;
is agreed or imperatively directed to be (2.) Gifts ;
done is already as good as done. As a (3.) Grants ;
consequence of this doctrine, it has been (4. ) Bargains and sales :
held : (5. ) Leases;
( a .) That lands directed to be converted ( 6.) Exchanges.
into money for certain purposes, some only (7. ) Partitions ;
of which fail, descend, in the case of the di- (8.) Releases ;
rection being contained in a will, to the (9. ) Confirmations ;
heir -at-law of the testator (Ackroyd v. ( 10.) Surrenders ;
Smithson, 1 Bro . C. C. 503) ; and, in case ( 11.) Assignments ;
of his death , to his next of kin (Smith v. ( 12.) Defeasances ; and
Claxton, 4 Maddox, 492) ; but that, in the ( 13.) Disclaimers.
case of the direction being contained in a (II.) Statutory Conveyances, sub -divided
deed, the devolution is just the reverse ; as follows:
and (A.) Conveyances operating under the
(6.) That money directed to be con Statute of Uses and hereunder :
verted into land for certain purposes, some ( 1.) Covenants to stand seised ;
only of which fail, goes, in the case of the (2. ) Deeds of lease and release ;
direction being contained in a will, to the (3.) Deeds leading or declaring the
executor of the testator ( Cogan v. Stevens, uses ;
1 Beav. 492, n.) ; and, in the case of his (4.) Deeds of revocation of uses ;
death , to his executor (Reynolds v. Godlee, (5.) Deeds of appointment under
1 Johns. 536 ) ; but that, in the case of the powers; and generally
direction being contained in a deed, the (6.) Any Common Law conveyances
devolution is just the reverse. made to uses.
(c.) Where the purposes for which the (B. ) Conveyances under statutes other
conversion was to takeplace totally fail, the than the Statute of Uses, and
property is regarded as being what it hereunder ,
actually is, and the doctrine of conversion (1.) Release under 4 Vict. c. 21 ;
is in that case excluded . ( 2.) Grant under 8 & 9 Vict. c. 106 ;
See titles RECONVERSION ; TROVER. (3.) Disentailing assurances under 3 &
4 Will. 4, c. 74 ;
CONVERSION IN EQUITY : See title (4. ) Assurances of married women
CONVERSION. under 3 & 4 Will. 4, c. 74 ; and
(5.) Conveyances and leases ( concise
CONVEYANCER . - Is a person who pre forms) under 8 & 9 Vict. c. 119,
pares and settles conveyances and wills, and other subsequent statutes.
whether of landed estates or of goods. Again , of deeds which operate under
Most Equity barristers are also convey- the Statute of Uses, there is this other
ancers, as an incidental or supplementary division , namely, –
branch of the business they gothrough at (I.) Deeds operating with transmuta
their own chambers ; but some few people tion of possession, and hereunder,
are conveyancers and not barristers, just as ( 1.) Bargain and sale ;
some few people are pleaders only and not (2.) Covenant to stand seised , &c. ,
barristers. And such couveyancers , not there being no transmutation until the
being at the bar, but under the bar, never statute itself effects the alteration in the
address the Court; and not being barristers legal seisin ; and
CONVEYANCES — continued . CONVEYANCES - continued .
( II . ) Deeds operating with transinuta- at a certain place, day, and hour ; and
tion of possession, and hereunder , such indorsement is also signed and wit
( 1. ) Deeds leading or declaring the uses ; nessed .
( 2 ) Feotiment to uses, &c., The feuffment, strictly speaking, was the
the legal seisin being first transferred by proper form of conveyance of an estate in
the Common Law assurance before the fee simple absolute or determinable ; if it
statute operates to effect a second transfer. was used to pass a fee tail , it was more
( I. ) Conveyances at Common Law , and properly termed a gift, and if it was used
hereunder the following , to pass a life estate, it was more properly
( 1.) Feoff'ment. This was the most termed a lease.
ancient form of conveyance applicable to When a particular estate, whether for
corporeal heredituments . It consisted of years or of freehold , and a freehold re
two parts, viz ., mainder are created together de novo out
(a.) The limitation of the estate intended of a corporeal hereditament in possession,
for the feoffee ; and the livery which is given to the tenant of
(6.) The livery of seisin. the particular estate in possession enures
First. The Limitation of the Estate.-- to the remainderman ; on the other hand,
This consisted in defining by the words when an estate is created afterwards, ex.
of limitation the estate which was in- pectant on a lease for years then in being,
tended to be given to the feoffee. Origi- the livery must not be made to the lessee
nally, it sufficed to pronounce these solemn for years, but to the remainderman himself
words orally in the presence and hearing of with the consent of the lessee for years .
witnesses and of the ferffee ; and although Of course, no such remainder can by
a deed or writing may have been (as in feoffrent at Common Law be cri ated after
fact it was) occasionally u: ed for that pur- wards expectant on a lease for life, or
pose, the same was unnecessary. However, estate of freehold ,
by the stiit. 29 Car. 2 , c. 3 ( Statute of [ The feoffment wasa conveyance of very
Frauds), s. 1 , it was enacted that all leases, powerful efficacy. Thus, by reason of the
estates, interests of freehold or term of entry and livery of seisin , it cleared all dis
years, or any uncertain interest in mes- seisins, abatements, intrusions, and other
suages, manors, lands, tenements, or here- wrongful or defeasible estates, when the
ditaments, made or created by livery of entry of the feoffor was lawful; and it not
seisin only, or by and not put in only passed the present estate of the feoffor,
writing and signed by the parties so but barred him of all present and future
muking or creating the same, or their right and possibility of right to the thing
agents thereunto lawfully authorized in which was so conveyed ; insomuch that if
writing, should have the force and effect he had divers estates all of them passed by
of leases or estates at will only, and no the feoffment; and if he had any interest,
greater force and effect ; the only exception rent, common, condition, power, or con
being that leases for a term not exceeding tingent use or benefit in , to, or out of the
three years from the making thereof were land, it was extinguished by the feoffment;
to be good, although made by parol without and the feoffment destroyed also all con
writing, provided they reserved a rent of tingent remainders in strangers, if sup
two-thirds at least of the full improved ported only by an estate of frechold in the
value. And now, by the stat. 8 & 9 Vict. feoffor ; and so powerful was its efficacy,
c. 106, s. 3, it is enacted that no feoffment that it frequently operated by wrong ,
other than a feoffment made under a custom whence also it was called a tortious con
by an infant, shall be valid unless made by veyance, passing to the feoffee the full
deed . estate marked out by the words of limita
Secondly. The Livery of Seisin. The sei- tion, although that should be in excess of
sin was the feudal possession ; and a transfer the estate which the feoffor had in himself
of the land accompanied with seisin was the to grant. But by the stat. 8 & 9 Vict. c. 106,
transfer of an estate carrying the seisin with 8. 3, the feuffment was deprived of this
it. Livery ofseisin was of two kinds, -either tortious operation and was reduced to the
( 1. ) Livery in deed ; or level of an innocent conveyance .]
(2. ) Livery in law. (2. ) Gift. — This was the form of convey.
No deed of feoffment was complete, or to ance properly applicable to the creation of
the present day is complete, unless the an estate tail ; whence the person creating
same has been followed with livery of the estate tail is termed the donor, and the
seisin ; and as a convenient mode of evi- person taking it the donee . It required
dencing the fact of such livery having been livery of seisin to make it effectual.
made, it is usual to indorse upon the deed ( 3.) Grant. This was the distinctive
which contains the limitations a notice to mode of conveyance of an incorporeal here
the effect that the scisin was delivered ditament, which however must have been
CONVEYANCES continued . CONVEYANCES_continued .

in existence at the date of the grant, and voidable (although not void ) if the wife
not created by the grant. survived.
(4. ) Bargain and Sale.--- This form of (6.) Exchange. - This is a conveyance, or
conveyance was applicable not only to cor- group of conveyances whereby two persons
poreal but also to incorporeal hereditaments or classes of persons holding property in
in actual existence. It required to be for common, divest themselves respectively of
money, or money's worth, and not for their own estates in favour of each other,
natural love and affection merely. All and in lieu thereof respectively take the
persons having an estate of freehold might property of each other. There are five
convey by means of it, but not persons requisites by the Common Law to the
having a mere term of years. The enrol- validity of an exchange, that is to say,
ment of a bargain and sale, if made within ( 1.) The two properties must be of the
the proper time relates back to the execu same quality ;
tion of the deed, and any intervening (2.) The properties exchanged must be
alienation or charge by the bargainor would of the same quantity ;
therefore be void ; but an alienation or (3.) The word " exchange inust be
charge by the bargainee would be good used ;
when the bargain and sale was afterwards (4.) Entry is requisite , although not
perfeoted by enrolment. Inrolment was livery of seisin ; and
first rendered necessary by the Statute of (5.) Writing since 29 Car. 2, c. 3, and a
Inrolments (27 Hen . 8, c. 16), but only deed since 8 & 9 Vict. c. 106,
when the bargain and sale was for an 8. 3.
estate of freehold. The word " exchange " used to raise an
( 5.). Lease, including Underlease. - A implied warranty of title ; and in case of
lease is properly a conveyanco (subject to the title so warranted being displaced either
rent) of lands or tenements made for life, in whole or in part by an elder title, the
for years, or at will, but always for a less exchanging party who was evicted used to
estate than the lessor has in the premises ; have the right to re -enter upon the lands
and similarly an underlease is a lease made which he had given in exchange, - right
by the lessee for a less period than the which belonged to himself and his heirs
period of his own lease . only, not also to his alienees. Any aliena
Sometimes, what purports in its lan- tion by either exchanging person deprived
guage to be only an agreement for a lease him of the right of re- entering, although it
is, in reality, an actual lease ; for if there left the other exchanging person the right
are words of present demise and an ap- of re -entering upon the lands even when in
parent intent to the effect of these words, the hands of the alienee. But since the
then the deed is an actual lease , notwith- stat. 8 & 9 Vict . c. 106, this effect has been
standing the words are "agrees to let, " taken from the conveyance by exchange .
and allusion is made to a lease to be exe- (7. ) Partition.—This is a conveyance by
cated at some future date ( Poole v. Bentley, which two or more joint tenants, co -par
12 East, 168 ; Doe d. Phillip v. Benjamin, ceners, tenants in common, or heirs in
9 Ad. & El. 614 ). gavelkind, divide the property so as to
Where, however, by reason of the stat. give to each a distinct pirt, to be held in
8 & 9 Vict. c. 106 such an 66agreement to severalty. The arrangement to sever may
let ” cannot possibly (because not by deed) be the result of agreement, in which case it
operate as an actual lease, it is now treated is said to be Voluntary, or the result of a
as an agreement only, and will be speci- decree of the Chancery Division , in which
fically enforced. Case it is said to be Compulsory. In either
By the Common Law , a tenant for life case , the same conveyances are necessary to
( except under a power ) cannot make a lease give complete effect to the partition ; and
for a longer period than that of his own for facilitating their execution the Trustee
life ; and a lease granted by him for a Act, 1850, s. 30, enables the Chancery
longer period is as to the excess absolutely Division to declare the interests of unborn
void as against the remainderman or rever- persons, and also to declare that any parti
sioner. cular persons are trustees of the lands, and
By the Common Law, a tenant in tail direct accordingly. And by the stat. 31 &
could not, without a fine or recovery, make 32 Vict. c. 40, a sale may be directed in
any lease binding on the issue in tail, or licu of partition .
remainderman, or reversioner ; and if a The modes of effecting a partition are
husband seised jure uxoris made a lease of the following :
the wife's land, whether she joined in it or I. As to freeholds or inheritances : either
not, the lease was only good during the (1.) All the co -tenants convey by se
joint lives of the husband and wife and the parate deeds the particularallot
life of the husband surviving her, and was ments to releasees or grantees, to
CONVEYANCES- continued . CONVEYANCES — continued .
the use of the particular persons or whereby a particular estate is increased .
to whom they are respectively The confirmee must also have an estale
allotted ; or, and not a mere interest in the lands con
(2. ) All the co -tenants convey by one firmed ; also the contract or other instru
conveyance, the entirety of the ment which is confirmed must be at the
Jands to a releasee, or grantee, most voidable and not void . A confirma
to uses, and then by the same tion to one joint tenant enures to the other
deed limit severally the parti or others ; and a confirmation to a remain
cular allotments to the use of derman or reversioner enures to the owner
the particular persons to whom of the prior particular estate. Where a
they are allotted. tenant for life and his remainderman or
11. As to personal estate : either reversioner unite in making a lease ( the
( 1. ) The entirety is assigned by all tenant for life by himself alonu being able
the co -tenants to a third person to make only a voidable lease ), the lease is
upon trust, to assign the parti considered during the life of the tenant for
cular allotments to the parti life as his lease , and as the confirmation
cular persons to whom they are thereof by the remainderman or reversioner ;
allotted ; or, and after the death of the tenant for life,
(2.) Each co -tenant assigns to the it is considered as the lease of the remain
others his undivided share in derman or reversioner, and as the confirma
the parts to be taken by them tion of the tenant for life.
in severalty. ( 10.) Surrender.- This conveyance is the
Co -parceners being compellable by the converse of that species of release which
Common Law to make partition, the law operates by way of enlargement, the effect
provided in their case (but not also in the of the surrender being to merge the smaller
case of joint tenants or tenants in com estate in that of the surrenderee. A sur
mon), that if any co -parcener after parti render may be either (a.) Express ; or
tion and before alienation was evicted from (6.) Implied, the former being in so many
the whole or from part of his or her words, the latter arising in the following
allotted share, he or she might thereupon cases
re enter upon the other shares even when (aa .) A lessee for an unexpired term , or
in the hands of an alienee or alienees of for life, accepting a new imme
the other co-parceners. But by the 8 & 9 diate lease forlife or for years from
Vict. c. 106, S. 4, this right of re -entry is his lessor ;
taken away . (bb.) A lessee being party to an act
(8.) Release - This is a deed whereby which is inconsistent with the
either a right is extinguished, or an estate continued existence of bis estate,
or interest in things real or personal is con and which he is estopped frum
veyed to a person who has already some denying.
estate or interest in possession in the same. The estate of the surrenderor must be a
The operation of the release is fourfold : vested estate ; it must also be an estate
either that is capable of merger, and therefore
( 1.) By way of passing an estate (mitter it must not be an (state tail, nor of higher
l'estate ), e.g., when made by one denomination than the estate of the sur
co -tenant to another ; or renderee ; there must also be a privity (or
(2.) By way of passing a right ( mitter contiguity) between the estate of the sur
le droit), e.g., where the disseisee renderor and that of the surrenderee.
releases to the disseisor ; or (11.) Assignment. This is the alienation
(3.) By way of extinguishment, e.g., by transfer of a personal chattel, or of a
when the lord releases his seig chattel interest in real estate . If it is for
niory to the tenant; or no consideration , it is a gift ; if it is for
(4. ) By way of enlargement, e.g., where value * s being either by way of absolute
a remainderman or reversioner sale or by way of mortgage, it a bill of
releases to the prior tenant of a sale. Every assignnient, if a gift, must be
particular estatē, with whom he by deed ; but if a bill of sale or transfer for
is in privity . value, it may, if a purely personal chattel,
Besides express releases, or releases by e.g., adebt, be assigned at least in Equity,
deed, there are also releases in law ; e.g., a and since the Judicature Act, 1873, even
release of the right to land, if made to at law, by a simple writing, not necessarily
a tenant in tail or for life, enures to the a deed, although the assignment ofchattels
remainderman or reversioner. real must be by deed, 8 & 9 Vict. c. 106,
(9. ) Confirmation. This is a deed where B. 3. By the stat. 22 & 23 Vict. c. 35,
by a couditional or voidal le estate is made s. 21 , any one may assign personal property
absolute and unavoidable by the confirmor, including chatteis real directly to himself
CONVEYANCES — continued. CONVEYANCES—continued .

and another person by the like means as But whether explained in the one way
he might have assigned to another only, a or in the other, the manner of its opera
provision which is found very useful upon tion was this : to create a tenant for a
à transfer of personal property by an old year or term of years in possession , and
trustee tu himself and a new trustee. thereafter to release to him the reversion
( 12. ) Defeasance . This is a collateral in fee simple. In this way, the tenant
deed , expressing the specified conditions became seised of the legal estate in tee
npon which an interest created or trans- simple ; and inasmuch as uses might after
ferred by another deed is to be defeated . wards be annexed to his seisin , he might
In the case of an estate of freehold and become a “ releasee to uses ; ” and in that
other executed estates, a deed of defeasance case, all covenants were entered into by
must be made at the same time with the and with him , but otherwise, he was å
deed creating or transferring the estatu ; but mere conduit-pipe, or channel, through
in all other cases, it may be made at any which the legal estate passed into the first
time subsequently. A defeasance, ex- usee, who again was held to be a trustce
cepting that it is contained in a separate for the second or last usee in the ordinary
deed, is in all other respects like a condi way .
tion subsequent (3. ) Deeds leading or declaring Uses.
( 13.) Disclaimer. - This is a deed where- Where it was intended to levy a fine or
by a grantee, devisee, or legatee renounces suffer a common recovery, it was usual to
the grant, devise, or bequest, which renun- execute a deed either previously or subse
ciation he is competent to make at any quently to the fine being levied or recovery
time before he has done any act to shew suffered ; and if executed previously, the
his assent to the grant, devise, or bequest. deed was said to be one leading the uses,
If one or more joint tenants short of all but it executed subsequently, it was said
disclain , the entire estate or interest vests to be one declaring the uses.
in the other or others ; but if all disclaim , See title LEADING A USE.
the estate will, if real estate, descend to the (4.) Deeds reroking Use8. - Such deeds
heir, and, if personal estate, will vest in are executed in virtue of a power to revoke
the administrator when appointed. An heir- the existing uses and to declare new ones,
at-law cannot disclaim . such power being inserted in the deed or
(II ) Statutory Conveyances, subdivided will that created the existing uses. Such
as follows : deeds are used when the settled land or
(A.) Conveyances under the Statute of any portion thereof is sold , and it is neces .
Uses , and hereunder ihe following : sary to couvey same to the purchaser in
( 1. ) Covenant to stand seised . – When- fee simple.
ever a covenant of this kind is entered ( 5.) Appointment. This is a deed exe
into, if the consideration (wbich must be cuted in virtue of a power of appointment.
that of blood or natural affection ) is suffi- The power of appointment is conferred in
cient, a use arises out of the seisin of the these words : “ To A. ( the appointor ) to
covenantor, and is immediately executed such uses as he shall appoint; ” and upon
by the statute in the cestui que use, who the grammatical construction of these
thereby acquires the legal estate. The words, it has been held that A.'s power is
proper and technical words of this convey- only over the uses. Consequently, if A.
ance are, “ Covenant to stand seised to the subsequently by deed or will appoints the
use of A.,” &c. , but any other words will lands to B. to the use of C., it is held that
have the same effect ; e.g., even the words B. takes the legal estate under the Statute
" bargain and sale ” (Crossing v. Scu- of Uses, and retains it as a trustee for C. ,
damore, 1 Mod . 175 ; Roe v. Tranmarr, who only takes the equitable estate. The
Willes, 632 ). The covenantor must, how- power of appointmentmay be either gene .
ever, be a person who is capable of stand. ral or special;: and A.'s execution of it, if
ing seised to a use ; and the property general, will date from the time of the
conveyed must be such as admits of a actual execution, but if special will date
person being seised thereof. from the time of the execution of the in
(2. ) Lease and Release. — This, until the strument creating the power (if a deed ),
years 1841-5, was the most common form and of the death of the testator ( if a will ).
of conveyance under the Statute of Uses. (6. ) Common Law Deed to l'ses. For
The mode of its operation may be ex- example, a feoffment at Common Law ex
plained by three steps or by two : pressed to be made to A. to the use of B.,
(a.) By three steps, consisting succes- would first locate the seisin in A. by livery
sively of lease, entry , and re- at Common Law, and would ten operate
lease. to effect a further transfer of such seisin so
(6. ) By two steps, consisting successively as to locate same in B. by virtue of the
of bargain and sale, and release. Statute of Uses. And a bargain and sale at
к
CONVEYANCES — continued . CONVEYANCES continued .
Common Law expressed to be made by X. twenty- one years, at or over five-sixths of
to Y., to the use of W., would leave the a rack rent) is by s. 41 required to be in
seisin in X. at Common Law , and would rolled in the Court of Chancery within six
then operate to effect a transfer of such calendar months from the dute of its exrcu
seisin so as to locate same in Y. as the tion ; and by sect 74 is to take effect upon
first ( implied ) usee, who would hold upon such inrolment as from the date of its exe
trust (or as a trustee ) for W. cution , excepting as against any inter
(B.) Conveyances under statutes cther mediate purchaser for value.
than the Statute of Uses, and bereunder By s. 38, a voidable estate created by
the following : a tenant in tail in favour of a purchaser is
( 1. ) By the stat. 4 Vict. c. 21 , s. 1 , it is to be confirmed by a subsequent dispo
enacted that a deed of release of a freehold sition of such tenant in tail , executed in
estate executed on or after the 15th of accordance with the Act, but such con
May, 1841, and expressed to be made in firmation is inoperative as against an
pursuance of that Act, shall be as effectual intermediate purchaser for value without
as a lease and release together would have notice.
been . By s. 39, a base fee created as above,
(2.) By the stat. 8 & 9 Vict. c. 106, s. 2, when united with the immediate fee simple
it is enacted that a deed of grant shall reversion, is to be considered as enlarged,
suffice for the conveyance of the immediate and not as merged.
freehold of corporeal hereditan ents. ( II . ) With regard to lands of copyhold
( 3.) By the stat. 3 & 4 Will 4, c. 74 tenure . — That every actual tenant in tail,
( Fines and Recoveries Abolition Act), s. (a.) Whose estate is an estate at Law,
15, it is enacted : may by surrender dispose of the
(I.) With regard to land of freehold entailed lands ; and
tenure. — That every actual tenant in tail, (6.) Whose estate is merely an estate in
whether in possession, remainder, contin Equity, may either by surrender
gency , or otherwise, may dispose of the orby deed dispose of the entailed
entailed lands for an estate in fee simple lands, 8. 50.
absolute , or for any less estate [excepting, The protector, if there be any such,
nevertheless, the following classes of either by appointment of the settlor, or in
tenants in tail, under ss. 16, 18, and 20, virtue of the Act, may signify his consent
viz. : to such disposition eitler
(aa.) Tenant in tail ex provisione viri ( 1. ) By deed, in which case he must pro
under settlement dated on or duce the same to the steward
before the 31st of December, of the manor for acknowledg
1833, excepting with the formal ment by the latter, and for entry
ities required by the stat. 11 by him on the Court rolls, s. 51 ; or
Hen . 7, c. 20 ; (2.) By personal oral statement maile to
(bb.) Tenant in tailrestrained from such the steward , who in the memo
disposition by statute; randum of surrender to be entered
( cc.) Tenant in tail after possibility of on the Court rolls is to state that
issue extinct ; and such consent was so given .
(dd.) Tenant in tail in expectancy as The deed of disposition, where that form
being issue inheritable.] and not a surrender is used, must be exe
But in every such disposition , the consent cuted on or subsequently to the day of the
ofthe protector, where there is any such, date of the deed whereby the protector sig.
either by appointment of the settlor or nifies his consent, when there is any such
under the Act, is requisite (ss. 34, 35) to latter deed , s. 53 ; and the deed of dispo
enable the tenant in tail to create a fee sition must also be entered on the Court
simple absolute, or any estate larger than a rolls of the manor within six months after
base fee ; and the protector in giving or in the execution thereof ( Honeywood v. Fos
withholding such consent is to be subject ter ( No. 1 ), 30 Beav. 1 ), but no other in
to no control whatsoever, nor is be to be rolment of it is necessary ; nor is any other
liable in respect of his exercise of his own inrolment necessary of the memorandum of
discretion in the matter (s. 36). surrender (where that form and not a deed
By s. 40 of the same Act, every dispo- is used ), save only on the Court rolls,
sition by a tenant in tail under the Act is 8. 54.
to be made by deed, and not by contract or (III.) With reference to bankrupt tenants
will ; and the tenant in tail, if a married in tail. - By s. 56, in the case of an actual
woman, is to procure her husband's con- tenant in tail becoming bankrupt after the
currence in the deed, and is to acknowledge 31st of December, 1833, the commissioner
the same ; and, in every case, the deed of in bankruptcy (and now the trustee in
disposition (not being a lease for or under bankruptcy) may by deed, without the
CONVEYANCES — continued . CONVEYANCES — continued .

consent of the protector, dispose of the of conveyances,leases, and assignments are
lands entailed to a purchaser for as large introduced, which the respective Acts in
an estate as the actual tenant in tail, if general present in a schedule, and which
not a bankrupt, could without such con they declare sball have the same effect as
sent have disposed of the same ; and by the longer but more customary forms. But
s. 57, in the case of a tenant in tail en these concise forms are little used.
titled to a base fee becoming bankrupt, the CONVEYANCING . Is the science of
commissioner in bankruptcy (and now the preparing conveyances of property ; also,
trustee in bankruptcy ) may, if there is no the practice of such preparation.
protector, dispose of the lands entailed to
a purchaser for as large an estate as such CONVEYANCING COUNSEL . Are six
tenant in tail could in such case, have barristers, usually chancery men , appointed
created, if not a bankrupt. But, by s. 59, by the Lord Chancellor as being men well
every such deed of disposition must be qualified by their learning in real property
enrolled within six months from the execu and by their experience in dealing with
tion thereof, if of freeholds, in the Court of same, to do such business as the Chancery
Chancery, and if of copyholds, on the Court Division of the High Court requires to be
rolls. Also, by ss. 60, 61, the base fee ( if done in the process of working out the
any ) created in the exercise of the power jurisdiction of that Court, e.g. , settling
above conferred, enlarges into a fee simple conditions of sale, conveyances of property
absolute , so soon as there ceases to be sold , and marriage settlements of infants,
a protector, although that event should and such like. They are appointed in
not happen until soine time subsequent to virtue of the stat. 15 & 16 Vict. c. 80.
the date of the sale or conveyance to the CONVICT. A person found guilty on a
purchaser. And, by ss. 62, 63, the dispo formal indictment for felony ; the term is
sition under ss. 56, 57 may either confirm less appropriate when the conviction is
or avoid, as the case may be, any voidable summary, but even there it is applicable in
disposition made by the bankrupt himself ; the case of the graver offences, such as
and the disposition under ss. 56, 57, may larceny.
even be made, in certain cases, after the CONVICTION . A conviction is defined
decease of the bankrupt ( see s. 65). to be a record of the summary proceedings
And, generally, by s. 71 , all the previous upon any penal statute , before one or more
sections of the Act are made to extend to
inoney subject to be invested in the pur justices of the peace, or other persons duly
authorized, in a case where the offender has
chase of lands to be entailed , wh , ther such
money arises from the sale of other en been convicted and sentenced , and consists,
tailed lands or not. first, of an information or charge against
(4. ) By the stat. 3 & 4 Wm . 4 , c. 74, ss. the defendant; secondly, of a summons or
notice of such information, in order that he
77-91 , a married woman , not being tenant may make his defen ' e ; thirdly, bis appear
in tail , is enabled with her husband's con
currence (and, in certain special cases,
ance, or non - appearance ; fourth ! y, his de
fence, or confession ; fifthly, the evidence
without that concurrence ), by deed to be against him in case he does not confess ;
acknowledged under the Act, to effect the
and sixthly , the judgment or adjudication ,
following purposes : (Boscaw. Pen. Con . 7 ; R. v. Green, Cald .
(aa. ) To dispose of lands or of any es Cas. 396, 397 ). A conviction may be re
tate therein ;
(bb .) To dispose of money subject to be moved to the Queen's Bench by certiorari,
invested in lands, or of any es with a view to the same being quashed.
CONVICTION, SUMMARY Certain
tate therein ;
(cc.) To release powers ; and offences are summarily triable by virtue of
( dd. ) To extinguish powers ; particular statutes ; and certain others by
but in the case of copyholds, where these virtue of these statutes, but only at the
purposes, or any of them , can be effected option of the accused . In case the accused
by surrender, she is to effect the same by is convicted on such a trial , his conviction
surrender and her husband is to concur is called a summary conviction.
therein, and she is to acknowledge same in See title SUMMARY JURISDICTIONS.
like manner as if the same were a deed . CONVOCATION . In like manner as the
The deed or surrender soto be executed Commons were represented from 1265, or
and acknowledged takes effect as from the at any rate from 1295, by deputies chosen
date of the acknowledgment . from themselves, so the lower cleryy were
(5.) By the stat. 8 & 9 Vict. c. 119, in represented from 1255 by one proctor from
tituled " An Act to facilitate the Convey the chapter of the cathedrul and two
ance of Real Property,” and by numerous proctors from the body of the clergy in each
other subsequent Acts ,certain concise forms diocese. Also, the like cause which neces
K2
CONVOCATION - continued . CONVOCATION - continued .
sitated the early assembling of the Com- power with the King and his Council apart
mons in Parliament, necessitated also the from the Commons.
early assembling of the clergy in Convoca- These legislative acts of the clergy were
tion, namely, the principle of the English confined to matters ecclesiastical; for in
constitution that the subject has the ex- matters of a temporal nature, the clergy
clusive right of self -taxation. Thus, in assembled in Convocation neither enjoyed
11 Edw . 1 , when the cathedral clergy of nor exercised any legislative power at all
the province of York met at the town of apart from , or even ( semble ) in conjunction
York by their proctors, and the cathedral with , the Commons
clergy of the province of Canterbury met at In the reigns of Henry VIII. and Eliza
the town of Northampton by their proctors, beth, the clergy assembled in Convocation
but the body of the clergy were not repre- were consulted upon all or most of the
sented at all in either assembly, no tax momentous questions of those reigns affect
was imposed owing to the absence of the ing the national religion ; e.g., in 1533,
latter. they approved the doctrine of the Royal
The clergy appear to have had no sepa- Supremacy over the Church, and in 1562,
rate writ of summons, but to have been they confirmed the Thirty -Nine Articles of
summoned originally by their respective Religion. But in the former of these two
archbishops, and subsequently, that is, reigns they were expressly deprivel by
from the reign of Edward I, by their statute of the power to enact fresh canons
respective bishops in virtue of the præmu- without the King's previous licence ,-a
nientes clause contained in the writ of sum- disability which was confirmed and per
mons which was issued to these latter, the petuated by the doctrine of the Courts of
bishop acting in some sense as an ecclesias- Common Law , that new ecclesiastical
tical sheriff for this purpose. The arch- canons are not binding on the laity until
bishops having objected to the clergy being they are approved by both Houses of Par
summoned by the bishops, their objection liament ( Croft v. Middleton, 2 Atk. 669).
was neutralized by means of a compromise, Even the right of taxing themselves was
according to which the bishops were per- made subject to the control of the House
mitted to summon the clergy to Parliament, of Commons in the reign of Henry VIII. ,
and the archbishops to summon them to and the practice has been totally discon
Convocation ; but the two clerical assem- tinued since the year 1664, since which
blies, once summoned, were identical. year the clergy have been rated in the
The functions of the clergy assembled in same manner and measure as the laity.
Convocation or in clerical Parliament ( for From the last -mentioned date the func
the distinction is perfectly immaterial), tions of Convocation were reduced to
were originally ill defined, judging at least nothing ; its assembling at the commence
from the language in which they are de- ment of each Parliament was for some time
scribed, being sometimes the phrase “ ad afterwards kept up as a formality merely,
ordinandum de quantitate et modo subsidii ,” being followed on each occasion of its so
sometimes the phrase " ad faciendum et assembling with an immediate prorogation
consentiendum ," and latterly, i.e., from or adjournment. However, about 1690,
5 Ric. 2, “ad consentiendum ” only ; and when the High Church party attained to
in fact their functions appear to have varied distinction and power, the attempt was
at different times. Thus, in 18 Edw. 3, made to revive Convocation as an active
there are instances of petitions of the ecclesiastical body, and this attempt was
clergy having been granted by the King successful during the reign of Queen Anne
and his Council , and thereby converted into ( 1702–1714). But in the succeeding reign
statutes, and entered as such on the statute of George I., Convocation carried its debates
roll, notwithstanding that the Commons in the Bangorian controversy with Bishop
had not assented thereto . In 50 Edw . 3, Hoadley of Bangor to such a degree of in
the Commons remonstrated against this tolerance, it is said, that the king was
interference with their legislative rights, compelled in 1717 to prorogue it, and
and prayed the king that for the future no from that date till the beginning of the
statute should be made upon the petition present reign it never sat again ; but in
of the clergy unless with the assent of the the beginning of the present reign , when
Commons thereto, However, notwith- the High Church party re-acquired 'repute
standing this protest, the practice continued under Dr. Pusey and others of that school,
in subsequent reigns, aud notably in those Convocation was re- summoned for the des
of Richard II. and Henry IV ., e.g., the patch of matters purely ecclesiastical, and
statute “ de hæretico comburendo,” 2Hen. 4, accordingly, but for the despatch only of
was so passed ; and Hallam concludes that these matters, it meets regularly at the
in these reigns the clergy assembled in present day with every fresh session of
Convocation did exercise a legislative Parliament.
CONVOY. In times of war, it is fre COPY - continued .

quently desired by a neutral country to from memory, where nothing better pre
protect its own merchant vessels from visit sents itself (Sugden v. Lord St. Leonards,
and search by either of the belligerents, 1 P. D. 154 ). But the rule of evidence is
and this object it usually endeavours to not extended so far as to admit the copy of
accomplish by sending one or more of its a copy of an original instrument.
own ships of war to protect and escort, See title EVIDENCE.
i.e.,convoy, the merchant vessels. But
Sir Wm . Scott, in The Maria ( 1 Rob. 340), COPYHOLDS. These are lands held by
decided in effect that a neutral convoy can copy of Court roll (as the name partly
not resist the right of visit and search, and denotes ) and at the will of the lord accord
that the resistance presented in that case ing to the custom of the manor. It appears
was a reason for condemning the vessels. that in the reign of Edward I. copylıolders
And it is now generally admitted that the were still in the purest state of villenage,
protection of a convoying fleet does not cultivating the demesne lands of the lord
extend to exclude the belligerent right of as serfs merely, and having no certainty
search ; nor is the word of tbe commander of tenure ; but that in the reign of
of the squadron to be accepted as conclu Edward III. they enjoyed a comparative
sive evidence of the neutrality of the vessels certainty of tepure, so long as they per
convoyed or of the goods that are stowed formed the accustomed services ; and that,
therein . finally, in the reign of Edward IV. they
See titles CONTRABAND ; VISIT AND had an action against their lord for trespass
SEARCH. or wrongful ejection.
CO -CREDITORS : See title Joint OWNER But to the present day copyholds retain
SHIP. some traces of their frail original. Thus,
the copyholder is still for some purposes a
CO -OWNERS : See titles Joint OWNER mere tenant at will of his lands, the free
ship ; JOINT TENANCY , hold therein remaining in his lord, who,
CO - PARCENERS. These are co - tenants therefore, is owner of all the mines and
entitled by descent, and by no other title. minerals under the land , and also of the
They become so either by the Common timber upon it ; and the copyholder, al
Law of England , as in the case of females though in fee simple, cannot, without a
that are co -heiresses ; or by particularcus forfeiture, lease the lands for a longer term
tom , as in the case of lands in Kent, which than one year, or commit any waste of the
land .
are of gavelkind tenure. Co - parcenary
extends even to collaterals : and the hus. Nevertheless, the copybolder when ad
band of a deceased co -parcener, if entitled mitted is possessed of a quasi reisin of his
as tenant by the curtesy, holds as a co lands ; in other words, be is seised of them
as against all the world other than his lord.
parcever with the surviving sisters of his There may be every variety of estates in
wife, as does also the beir-at- law of his
deceased wife upon his own and his wife's copyhold lands, whether for life, pur autre
death . Co -parceners might always effect vie, in tail, or in fee simple ; but with re
compulsory partition of the lands held ference to the estate tail in copyholds, a
distinction is taken, some manors admitting,
together. and some not admitling the estate tail .
See titles PARTITION ; CONVEYANCES,
sub-title PARTITION . Copyholds were first made liable for the
debts of the owner in 1833 after his de
CO -RESPONDENT : See titles DivorcE ; cease (3 & 4 Will. 4, c. 114 ), and in 1838
Divorce, DAMAGES UPON ; RESPONDENT. during his life ( 1 & 2 Vict. c. 110 ). They
CO -SURETIES : See titles CONTRIBUTION ; are also liable in bankruptcy to the same
extent as freeholds. They are devisable,
SURETYSHIP. and (since Preston's Act, 1815, 55 Geo. 3,
COPY . When the original instrument c . 192) without any previous surrender to
is lost or is withheld, and its absence is in the use of the will ; and in case the owner
either of these ways accounted for, the dies intestate, they descend to his customary
Court is in the habit of admitting secondary heir.
evidence of it by looking at a copy. Office Upon the death of a tenant his lord is
copies and examined copies of judgments entitled to seize his best beast, and he is
and orders of the Courts are admissible, also entitled to many other fines and per
semble, to save expense of producing the quisites on different occasions. But by
original, and although the original is in the Act 4 & 5 Vict. c. 35, provision bas
existence and producible. Where an been made for the voluntary en franchise
original will has been lost, a copy of it will ment, and by the Acts of 1852 and 1858
be admitted to probate ( 1 Wms. Executors ( 15 & 16 Vict. c . 51 , and 21 & 22 Vict.
and Administrators, 364), even a copy made c . 94 ) for the compulsory enfrancbiscment,
COPYHOLDS- continued . COPYRIGHT - continued .
of copy holds, such enfranchisement having published in Her Majesty's dominions, and
the effect of converting them into free . do not of course oblige foreign countries to
holds. upon payment either of a fixed extend to British authors the like pro
annual sum , or of a lump sum , by way of tection .
commutation or composition for the loril's In addition to copyright in books there
fines, perquisites, and heriots. And apart may also be copyright in music, engraving,
from these statutes the lord and his copy- sculpture, painting photography, and ge
hold tenant, being respectively entitled in nerally in ornamental and useful designs.
fee simple or (if for a less estate ) by pwer For a full treatment of the whole law
in that rehalf respectively authorizeil may of copyright, see Copinger on the Law of
enfranchise copyhold lands upon agreed Copyright, 1870.
terms by virtue merely of the Common COPYRIGHT, INTERNATIONAL : See
Law .
See titles ADMITTANCE ; ALIENATION ; title COPYRIGHT.
CONVEYANCES ; ESTATES ; ESTATE- CORAM NON JUDICE ( before one who
TAIL ; FEUDAL TENURES ; PRESENT- is not the judge). When the judge of any
MENT ; SEIZURE QUOUSQUE ; SUR- Court of Law exceeds his jurisdiction, the
RENDER ; VILLENAGE. subject matter with regard to which he
bas exercised such excess of jurisdiction is
COPYRIGHT. Is the sole and exclusive said to be coram non judice. Thus, in
liberty of multiplying copies of an original Coles's Case ( Sir W. Jones, 170), it was
work or composition ( Jefferys v. Boosey. held, by the whole Court, that if a justice
4 H. L. C. 920 ). It is a species of pro- does not pursue the form prescribed by the
perty founded on industrial occupancy, to statute the party need not bring a writ of
wit, labour and invention bestowed on error, because all is void and coram non
materials. The earliest evidence of a re- judice. This holding is in accordance with
cognition of copyright is to be found in the maxim of the Roman Law, which is
the charter of the Stationers' Company also a maxim of the English Law , - Extra
granted by Philip and Mary, and in the territoriam jus dicenti impunè non pare
decrees of the Court of Star Chamber ; and bitur.
the first statute in the matter was the CORNAGE. Tenure by cornage was
8 Anne, c. 19, which professes to be passed tenure by the service of blowing a horn
for the encouragement and protection of wh the Scots or other enemies entered
learned men , This Act was repealed by the land , in order to warn the king's sub
the 5 & 6 Vict . c. 45 , which, with some
Acts amending same, now regulates the jects, and was, like other services of the
same nature, a species of grand serjeanty.
law of copyright. By the 3rd section of
the principal Act it is enacted that the CORNWALL, CUSTOMS OF : See titles
copyright in every book which sball be STANNARY COURTS ; Tin-BOUNDS.
published in the lifetime of the author CORNWALL, DUCHY OF. The re
shall endure for the natural life of such venues of this duchy belong to the Prince
author, and for the further term of seven of Wales for the time being (provided he is
years from his death, and shall be the
the first begotten son of the king ), as Duke
property of such author and his assigns ; of Cornwall ( The Prince's Case, 3 Jac. I.,
but if the said seven years shall expire 8 Rep. 1 ), but his title is subject to the
before the end of forty -two yearsfrom the customs of Cornwall, and particularly to
first publication of such book, then the the mining rights of the tinners ( See title
copyright shall in that case endure for Tin - Bounds ) . The Nullum Tempus Act
the full period of forty -tiro years ; and the (9 Geo. 3, c. 16) was extended by the 23 &
copyright of every book which shall be 24 Vict. c. 53, as between the duke and
first published after the death of its author persons claiming or holding real property
shall endure for the term of forty-two within the duchy. The tenure of lands
years from the first publication thereof. within the duchy is a holding from seven
But the right of property in copyright years to seven years ; but in modern times
must be registered in the registry of the most of the holdings have been enfran
Stationers' Company ; and after such re chised (Usticke v. Peters, 4 K. & J. 437) .
gistry it is assignable by a mere entry of The management of the Duchy Lands ( as
the transfer in the sime registry in the the duke's possessions are called ) is regu
manner prescribed by the Act. Inter lated by the two principal stats. 7 & S Vict.
national copyright is provided for by the c. 65, and 26 & 27 Vict. c. 49 .
7 & 8 Vict. c . 12 ; but the provisions of See title CONVENTIONARY TENEMENTS.
that statute only go to secure to the
authors of books published abroad the CORNWALL, SUBMARINE MINES ACT.
right of copyright when the same are re- An Act of 1858 (21 & 22 Vict. c. 109 ),
CORNWALL, SUBMARINE MINES ACT CORONER — continued .

- continued . interfere in the case of death from natural
vesting in the Duke of Cornwall all the Causes, where that fact is sufficiently ascer
mines and minerals under the fore -shores tained without an inquiry ( Rex v. Justices
of Cornwall theretofore belonging to the of Kent, 11 East, 231 ); neither has he any
Crown, but retaining to the Crown the right to inquire into the origin of a fire
mines and minerals under the sea - bed, with ( 2 Inst. 31 , 147 ; 4 Int. 271 ). After
incidental mining rights. holding one inquest, the coroner is functus
CORODY. Corodies were a right of suste
officio, and cannot mero motu hold a second,
nance, or to receive certain allotments of no : withstanding that the first inquiry may
have been unsatisfactory (2 Hale P. C. 59 ).
victual and provision for one's maintenance; The borough coroner ( where there is one)
e.g., a bishopric was at one time saddled is appointed by the council of the borough
with the maintenance of at least one royal (5 & 6 Will. 4 ,authority
c . 76, s. 62), and removable
chaplain . In lieu of which ( especially by the same . His duties and
when due from ecclesiastical persons) a powers within the borough are similar in
pension or sum of money was sometimes all material respects to those of the county
substituted. And these might be reckoned coroner within the county or county district.
a species of incorporeal hereditaments, In the case of boroughs which have no
though not chargeable on or issuing out of separate quarter sessions of the peace, and
any corporeal inheritance, but only charged therefore no recorders or coroners of their
on the person of the owner in respect of own, the coroner of the county or county
his inheritance.
district in which the borough is situated
CORONATION OATH . Is the oath which acts for the borough as portion of the
is taken by the sovereigns of England on county or county district (5 & 6 Will. 4,
c. 76, s. 64). The Lord Chief Justice of
their coronation, promising “ to govern the England is the supreme coroner of the
people of this kingdom , and the dominions
thereunto belonging, according to the kingdom .
statutes in Parliament agreed on, and the CORONER OF THE KING'S HOUSE
laws and customs of the realm ." (usually called coroner of the verge ). An
CORONER . Coroners are elected either officer appointed by the lord steward, or
lord great master of the king's house for
for counties or for county districts or for the time being. His office resembles that
such boroughs as have recorders of their
own , i.e., separate quarter sessions of the of a coroner of a county, only that his
peace. The county coroner is required to duties are limited to such matters as occur
be a man of sufficient substance ( 3 Edw. 1 , within the verge or witbin the precincts of
c. 10) ; and his office is regulated by the the king's palace ( 1 Chitty's Bl. 137,
note 20).
statute de officio coronatoris (4 Edw. 1 ,
stat. 2 ) , and extends to inquiring, when CORPORATION. Is a body created by
any person is slain or dies suddenly or in Act of Parliament, or by charter, or by
prison, concerning the manner of his death ; letters patent. It may be created either
and this inquiry is super visum corporis, for trading or for other general purposes.
and is held at the place where the death It must have a common seal; and all its
happens, as nearly as may be ; and his contracts originally required to be under
duties extend also to inquiring as to that seal . But numerous relaxations of
deodands and wreck and treasure trove. this rule have been latterly admitted ; and
He is elected in the County Court by all the general state of the law now is, that
persons having a legal freehold interest in for contracts of an ordinary every day occur
land within the county or county district rence a seal is not necessary, and that if
(28 Edw . 3, c. 6 ; 7 & 8 Vict. c. 92 ; such contracts have been executed, and the
23 & 24 Vict. c. 116). Upon an inquiry corporation has had the benefit of them,
for murder or manslaughter the coroner then the corporation is liable to be sued
puts into writing the evidence given at the for the price (Clarke v. Cuckfield Union ,
inquiry before him (which inquiry is 21 L. J. (Q. B. ) 349 ); but that upon execu
always before a jury) ; and he also binds tory contracts of that sort, the corporation,
over the parties to prosecute or give evi- semble, is not liable unless the contract is
dence (as the case may be ) at the next under seal. And the old law requiring
assizes of oyer and terminer or gaol deli- the seal is still in force with regard to all
very. When a coroner refuses to hold the contracts of an extraordinary kind, not
necessary inquest, a rule for a mandamus within the usual business of the corpora
may be obtained against him (23 & 24 tion , so that upon these latter kinds of
Vict. c. 116) to shew cause why he refuses ; contract the corporation cannot be sued ,
and in certain cases the coroner's refusal notwithstanding thecontract is executed,
may be proper, e.g.. he has no right to and the corporation has had the benefit of
CORPORATION - continued . CORPORATION SOLE. Is a corporation
it ( Arnold v . Mayor of Poole, 4 Min. & G. consisting of one individual, and having
860 ), and à fortiori, if the contract in such individual successors .
case is executory. See title CORPORATION .
But the above rules do not apply to a
corporation sole (e.g., a bishop or other CORPORATIONS, MUNICIPAL. Under
parson of the Church ), but only to a corpo the Municipal Corporations Act, 1835 ( 5 &
ration aggregate. Moreover, where a cor 6 Will . 4, c. 76 ) , which is the principal
poration aggregate is constituted by Act of Act, but which has been amended and
Parliament, the Act commonly defines the extended by very many subsequent Acts,
mode by which, and the purposes for which, the corporate body is to be desiguated the
it may contract; and if such a corporation mayor, aldermen , and burgesses of the
exceeds the purposes so defined, it cannot, borough , and by that name is to have
even by affixing its common seal , make a perpetual succession, and by means of its
valid contract, inasmuch as that would be council ( consisting of the mayor, aldermen,
ultra vires ( Riche v. Ashbury Co., L. R. and councillors) it is capable in law of
7 H. L. 653). doing and suffering all the acts and things
A corporation is of course liable for torts of a corporation . The burgesses are the
(Mersey Docks and Harbour Board v. Pen occupiers of houses and shops rated to the
hallow , L. R. 1 H. L. 53). poor rate and being resident within the
See title COMPANIES. borough, and (in certain cases) non - resi
CORPORATION ACT. An Act of 1661 , dent occupiers who are so rated ; and a
whereby all magistrates and persons bear roll of such burgesses is kept, and all
names thereon are entitled to vote at the
ing offices of trust in corporations were
obliged to swear against the legality of various elections for the borough . The
taking arms against the king, and also to councillors are elected by the burgesses,
forswear the solemn league and covenant; and the mayor and aldermen by the coun
and future corporators were to have re cillors. The mayor becomes virtute officii
ceived the sacrament in the English Church justice of the peace for the borough, and
within one year before their election. also returning officer at elections ofmem
bers to serve in Parliament. The Crown
Tbis Act ( together with the Test Act) was
repealed in 1828 . may grant to any municipal corporation 1
See titles TEST ACT ; TOLERATION ACT. petitioning for same a separate court of
quarter sessions of he peace, and also
CORPORATION AGGREGATE : See titles appoint a recorder as judge of such ses
CORPORATION ; CORPORATION SOLE. sions ; in which case the borough is to
CORPORATION, FOREIGN. May sue, appoint a clerk of the peace , and also a
and be sued, like a private foreign person coroner ; but when a borough has no sepa
rate quarter sessions, the coroner of the
( Scotty. Royal Wax Candle Co., L. R. county or county district within which the
1 Q. B. D. 404 ). borough is situate is the coroner of the
CORPORATION , LEASES BY. Muni borough. The recorder of the borough is
cipal corporations, although the represen ipso facto a justice of the peace for the
tatives of, and in a manner trustees for, the borough. The municipal council regulates
freemen of the municipality, either had, or the general management of the borough as
assumed to have, the power to lease or regards watching (for which purpose they
otherwise alienate the municipal property may appoint constables of the borough,
at discretion ; and many alienations baving and also special constubles ), and as regards
been made of an impruvident kind, the Act lighting , &c., & c.; and they have power to
of 1835 (5 & 6 Will. 4, c. 76), which was make bye-laws. The corporate property is
passed for the general regulation of muni carried to the borough fund, and is admin 1
cipal corporations, imposed certain restric istered by the council toward (in the first
tions upon the exercise of the aforesaid instance ) the necessary expenses of the
powers, and by 8. 94 enacted that the borough, and the surplus (if any ) is applied
muncipal council might not (sell, alienate, for thepublic benefit of the inhabitants and
or] lease the corporate real property for a the general improvement of the borough ;
longer period than thirty -one years from and where the borough fund is deficient
date, save and except with the approval of for necessary purposes, the council may
the Lords Commissioners of the Treasury : order a rate to make up the deficiency .
and a reasonable rent is to be reserved Any proposed misapplication ofthe borough
without any fine; and such terms and funds may be questioned and prevented by
conditions are to be inserted in the lease removal of the council's order for payment
or alienation as the Commissioners of the into the Queen's Bench by certiorari ; and
Treasury may direct ( Attorney -General v. improvident leases and alienation of the
Brecon (Mayor), 10 Ch. D. 201). corporate property are forbidden ., Under
CORPORATIONS, MUNICIPAL — contd . CORPUS DELICTI — continued .

the 141st section of the principal Act, the super visum corporis). This inquiry is
sovereign by advice of the Privy Council, usually made before the coroner of the
may, by charter, create new municipal county or county district, or of the borough ,
corporations; and by the stat. 40 & 41 in which the death occurred . In a second
Vict. c. 69, upon anysuch incorporation of ary, but slightly abusive sense, the corpus
a new borough, the provisions of the prin- delicti is used to denote the dead body
cipal Act and of the amending and ex- itself. Until the fact of a criminal death
tending Acts may be applied to such new is made out, it is of course fruitless to in
municipal corporation. quire who was the criminal.
See titles BOROUGH RATES ; MUNICIPAL CORREALITÉ : See titles Joint LIA
ELECTIONS ; PETTY SESSIONS ; QUAB
TER SESSIONS; SESSIONS. BILITY ; JOINT OWNERSHIP ; Reus STIPU
LANDI .
CORPOREAL . The division of things CORROBORATIVE EVIDENCE. By the
into corporeal and incorporeal is coincident English Law, corroborative evidence is in
with the division of the Roman Law into some cases required, and that either by
tangible ( quæ tangi possunt) and intangible statute or by common law, eg., under
(quæ tangi non possunt). The nomenclature 32 & 33 Vict. c. 68, in cases of action for
of the Roman Law division is derived from
the sense of touch , which was the most im. breach of promise of marriage, and on the
ground of adultery ; and under the common
portant of the senses in the opinions of law practice of the Courts, where plaintiff
the ancient Democritean School, or School and defendant are in conflict as to the
of Natural Philosophy ; the nomenclature facts, neither of their oaths standing alone
of the English division is derived from and without documentary or other corro
the equally natural distinction of what is
sensible to the body (or bodily senses) boration is accepted as decisive.
generally. In itself, the distinction, as CORRUPT PRACTICES AT ELECTIONS :
resting in nature, is necessarily permanent; See title BKIBERY.
in its consequences, it was chiefly remark CORRUPTION OF BLOOD. The imme
able in the diversity which it occasioned diate consequences of attainder used to be
in the mode of the transfer of property, for corruption of blood, both upwards and
things which were corporeal were capable downwards; so that an attainted person
of manual or bodily transfer, e.g., by feoff- could neither inherit lands or other here
ment with livery, but things which were ditaments from his ancestor, nor retain
incorporeal were not capable of such a those he already had, nor transmit them
mode of transfer , and required for their by descent to any heir, because his blood
transfer a deed of grant. Since the year was considered in law to be corrupted.
1845, and in consequence of the statute But by the Act for the Amendment of the
8 & 9 Vict. c. 106, s. 2, the last -mentioned Law of Descents (3 & 4 Will. 4, c. 106),
diversity has been mitigated, although not 8. 10, the doctrine of the corruption of
yet entirely removed, inasmuch as things blood has been abolished as to all descents
corporeal are now capable oftransfer by
deed of grant, but things incorporeal are
happening after the 1st of January, 1834.
still (and must necessarily continue always COSENAGE, or COSINAGE ( Fr. cousin
to be) incapable of transfer by feoffment age ). A writ that lay where the tresail
with livery: ( i.e., the fatherof the besail or great-grand
See titles CORPOREAL HEREDITAMENTS ; father) was seised of lands &c., in fee on
INCORPOREAL HEREDITAMENTS. the day of his death, and afterwarıls a
CORPOREAL HEREDITAMENTS. This
stranger entered and abated, and so kept
out the heir (F. N. B. 221 ; Cowel ).
phrase comprises all hereditaments which
COST BOOK MINING COMPANIES .
may be touched, quæ tangi possunt, e.g.,
lands, houses, & c . It is used in contra These companies exist in virtue of a par
distinction to incorporeal hereditaments. ticular custom , and are in some few par
See title INCORPOREAL HEREDITA ticulars controlled by statute . Under the
MENTS . cost book system, the mine is vested in one
CORPSE : See title BURIALS. or more of the proprietors, in implied trust
for the rest ; it is divided into shares among
CORPUS DELICTI. Means literally the all, and an agent ( purser ) is appointed to
body of the offence or crime, that is, it manage the mine . The agent keeps the
means the substantial fact that a crime cost book , in which he enters all the
has been committed by some one : e.g. , in minutes of meetings, the profits and ex
the case of a dead body, that it has come penses of the mine, the names of the share
to a criminal death (which can only be holders, the accounts of their respective
proved in the presence of the dead body, interests and liabilities, and the transfers
COST BOOK MINING COMPANIES
COSTS - continued .
- continued .
these statutes the amount recovered in
of shares. Meetings of the owners are the action was immaterial ( Beaumont v.
convened generally once in two months,
at which those present consider the ac Greathead , 3 C. B. 494 ). But under more
counts and reports of the agent, make recent statutes, where the damages reco
calls, or declare dividends, direct the mode vered were trivial, the judge must in
general have certified for costs, e.g. , in an
of carrying on the mine, and exercise a action of tort, when the damages are under
general control over the atlairs of the mine, 408. ( 3 & 4 Vict. c. 21 , s. 11 ) ; and it was a
all questions in case of difference being general rule in actions of libel and slander,
decided by a majority . Any owner is
allowed to retire by giving notice in that a successful plaintiff recovering merely
nominal damages was entitled only to as
writing to the purser, and by settling his much for costs as he recovered for damages.
account. The transfer is usually effected But now under the Judicature Acts
by substituting one name for another, on (Order Lv.; Garnett v . Bradley, 3 App.
the production of a proper authority in Cas. 944), the costs follow the event in
writing from the vendor as person entitled , every species of action , and all particular
and without the express consent of any of statutes to the contrary are repealed ; the
the other partners. These transfers are not
within the Statute of Frauds , and a mere Court may, however, in its discretion
entry in the book by the purser completes refuse ( by express order) costs to a success
the transfer. There is usually no det d of ful party, whether plaintiff or defendant
settlement dispensing with the delectus ( Ex parte Mercers' Co., 10 Ch . Div. 481 ).
By certain rules as to costs issued in
persona or the restraint of transfer ; but August, 1875, two scales of costs are pro
ibe freedom of transfer is presumed to be vided , viz., a higher and a lower scale,
established by original consent or acknow according to the nature of the action, and
ledged usage, in the same way as if a deed sometimes ( although less often ) according
of settlement had expressly authorized it. to the amount of the estate involved ; and
By the Stannaries Act, 1869 (32 & 33 in particular, special allowances for special
Vict. c . 19 ). the laws relating to the cost
book system of mining in Devon and Corn reasons are provided for.
wall has been declared, and in some respects See titles Costs OF THE DAY ; Costs,
SOLICITORS ACT, 1843 ; HIGHER AND
amended . The Act has no application LOWER SCALE , Costs ; SPECIAL
beyondthese two counties, or beyond the ALLOWANCES ; TAXATION OF Costs.
mines therein that are subject to the juris
diction of the Stannary Court. COSTS OF THE DAY. Whenever one of
Under the Act, in case of a winding -up the parties in an action (i.c., the plaintiff
of the company, a former shareholder, not or defendant) gives notice of his intention
withstanding the provisions contained in to proceed to trial at a specified time, and
the Companies Act, 1862, s. 200, is not after having given such notice, neglects to
liable to contribute to the assets of the do so, or to countermand the notice within
company, if he has ceased to be a share due time, he is liable to pay to the other
holder for a period of two years or upwards party such costs or expenses as the latter
before the mine has ceased to be worked, has been put to by reason of such notice,
or before the date of the winding-up order. which costs are commonly called costs of
See titles COMPANIES ; CONTRIBUTO the day, ie, the costs or expenses which
RIES ; JOINT STOCK COMPANIES ; Li have been incurred on the day fixed (by
MITED LIABILITY. such notice) for the trial. These costs
usually consist of the expenses incurred by
COSTS . The expenses which are in witnesses and others in coming to the place
curred either in the prosecuting or in the of trial, and such other expenses as have
defending of an action are called the costs. necessarily been incurred in preparing for
Costs between solicitor and client are those trial on the specified day ( Arch. Prac.;
which the client always pays his solicitor Lush . Prac. ; 6 Jur. 561 ).
or attorney, whether such client is success COSTS, PARLIAMENTARY. Under the
ful or not, and over and above what the House of Commons Costs Taxation Act,
attorney gets from the opposing party in 1847 ( 10 & 11 Vict. c. 69) as amended by
case of such party having lost the action. the House of Commons Costs Taxation
Costs between party and party are those Act, 1879 (42 & 43 Vict . c . 17), the costs,
which the defeated party pays to the
successful one as a matter of course . The
charges, and expenses of parliamentary
agents and solicitors in the promotion of
plaintiff's right to party and party costs or opposition to any private bill or any
used to depend on the Statute of Gloucester, provisional order or provisional certificate,
that of the defendant to the same costs
&c. , may be taxed by the taxing officer of
on the stat. 23 Hen . 8, c. 15 ; and under the House, in like manner ( in nearly all
COSTS, PARLIAMENTARY - continued . COUNCIL, THE KING'S — continued .

respects) as upon an order of taxation in council might not after the close of Parlia
the Court of Chancery : the Secretary of ment make any ordinance against the
State or the Local Government Board may Common Law .
request the taxing officer of the House to But the chief functions of the council
tax or to assist in taxing any bill of such were executive, the council forming ( as it
costs, charges, and expenses. did) a body of assistance to the King in
COSTS, SOLICITORS ACT, 1843. This his administration. This appears from the
Act is the 6 & 7 Vict. c. 73 , which in its
list of the official members composing it,
37th to 43rd sections enacts (in effect) as
namely, -
( 1.) The Chancellor,
follows :—The solicitor is to deliver his (2. ) The Treasurer,
signed bill of costs, and ( excepting as (3. ) The Lord Steward,
hereinafter mentioned) is to wait one (4. ) The Lord Admiral,
month thereafter ; during that month the (5. ) The Lord Marshal,
party chargeable with the bill , and after (6. ) The Keeper of the Privy Seal,
that month and within twelve months, and (7.) The Chamberlain of the House
before payment of or verdict for costs, hold ,
either the solicitor or the party chargeable (8.) The Treasurer of the Household ,
may obtain a reference of the bill to a (9. ) The Controller of the Household,
taxing master or other the proper officer for ( 10.) The Chancellor of the Exchequer,
taxation, but after twelve months or after and
payment of costs or verdict for costs the (11.) The Master of the Wardrobe,
bill is not to be referred for taxation, With a number of other assistant mem
unless on the ground of special circum bers of a subordinate character .
stances (such as fraud, pressure, &c.) ; and See titles CONCILIUM ORDINARIUM ;
if upon taxation one - sixth part is taxed off, MAGNUM CONCILIUM.
i.e., disallowed , the solicitor pays the costs COUNCIL OF THE NORTH. A Court
of the taxation, but otherwise the party instituted by Hen. VIII. in 1537, to ad
pays same. The judge may shorten the
month's waiting, for special reasons (38 & minister justice in Yorkshire and the four
39 Vict, c. 79 ). Persons other than the other northern counties . Under the presi
party chargeable, if they are liable to pay dency of Stratford, the Court shewed great
or (being so liable) have paid the bill, vigour, bordering ( it is alleged ) on harsh
may also obtain a reference for taxation ; ness . It was abolished by 16 Car. 1 ,
the same Act which abolished the Star
likewise, a beneficiary may tax the bill to Chamber.
which his trustee or the executor of the
will is liable. The bill of costs need not COUNSEL. A term frequently used to
have been incurred in any action. indicate Barrister -at- Law .
See title TAXATION OF COSTS. See titles BARRISTER ; QUEEN's Corn
SEL ; Silk Gown ; STUFF Gown.
COSTS, TAXATION OF : See title Taxa
TION OF Costs. COUNSELS OPINION . Is in general a
COUNCIL, THE KING'S. This council , protection to an attorney acting upon it,
against alleged negligence on his part
called also the Aula Regis, otherwise Curia (Kemp v. Burt, 4 B. & Ad . 424) ; but it is
Regis, was the parent of the Courts of not always so.
Exchequer, Common Pleas, and Queen's
Bench ; but after the severance from it of COUNSEL'S SIGNATURE . In former
those three Courts, it still retained a large times the appearance of the parties to an
original jurisdiction ; and, as being in action at law was actual and personal in
early times interchangeable with the House open Court, and the pleadings consisted of
of Lords, it exercised also an appellate an oral altercation by themselves or their
jurisdiction from the subordinate Courts. counsel in the presence of the judges ; and
Besides its judicial authority, it possessed although the pleadings in an action came
also legislative authority, in conjunction afterwards to be delivered in writing
with the King, and a part from the Com- between the parties out of Court, yet they
mons , Thus, in early times, the King were still supposed to be delivered orally
and his council, sometimes upon the as of old (at least for certain purposes ),
suggestion of the House of Commons, but and required to bear the signature of somo
more often without any such suggestion, counsel, and in the Court of Common Pleas,
and in both cases without the concurrence of some serjeant even. And in the Court
of the Commons, enacted laws which of Chancery, the signature of counsel to
appear in the statute book ; 2 Ric. 2 is an the pleadings was required in order to
instance of a law so made. But in 13 Ric. 2, vouch to the Lord Chancellor that the case
the Commons petitioned the King that his was a proper one for equitable relief, so
COUNSEL'S SIGNATURE - continued . COUNTERCLAIM - continued .
that the subpæna to the defendant to i.e., relief beyond what he can fairly obtain
appear to and answer the bill of complaint on a mere defence, the defendant now adds
might issue at once, without the Lord a counterclaim to his statement of defence,
Chancellor having to personally read wherein he states the circumstances out of
through the bill. But the signature of which his right to the relief arises, and
counsel to Common Law pleadings became then claims that relief or other general
unnecessary under the C. L. P. Act, 1852, relief. This relief is counterclaimed against
8. 85, and such signature to Chancery the original plaintiff, with or without any
pleadings has become unnecessary under other person or persons (Judicature Act,
the Judicature Acts, 1873-5 (Order xix . 4 ) ; 1873, s. 24, sub - s . 3).
but although such signature is now un- See title DEFENCE, STATEMENT OF.
necessary to any such pleadings, it is not COUNTERFEIT COIN. -Is any of the
unusual ( and, for obvious reasons, it is
extremely desirable ) in all pleadings. current coin of the realm which bas been
Certain motions, also appeals to the House gilt , silvered, washed , coloured or ('ased
of Lords, still require counsel's signature as over so as to resemble or pass for coin of
a security, and in each case as a guarantee a higher value ( 24 & 25 Vict. c . 99, s. 1 ) ;
and uttering such coin knowing same to
of the propriety of the application . be counterfeit is a felony ; and any one
COUNT. In Common Law pleadings, may apprehend the offender caught in the
a section of a declaration was so called . act (s. 31) ; and the offence is punishable
Where a plaintiff had several distinct with imprisonment with or without hard
causes of action , he was allowed to pursue labour (s. 39 ), and with or without solitary
them cumulatively in the same action , confinement (s. 40). The proof of the coin
subject to certain rules which the law being counterfeit may be given by any
prescribed as to joining such demands only credible witness, and he need not be a
as were of similar quality or character. manager or other officer of the Mint (s. 29).
Thus, he might join a claim of debt on The punishment is either for life or for
bond with aa claim of debt on simple con- any period not less than five years for the
tract, and pursue his remedy for both by principal offender ; and every principal in
the same action of debt. So, if several the second degree and every accessory before
distinct trespasses had been committed, the fact is similarly punishable (s. 35).
these might all form the subject of one COUNTERMAND OF NOTICE : See title
declaration in trespass ; but on the other TRIAL, NOTICE OF.
hand, a plaintiff could not join in the same
action à claim of debt on bond, and a COUNTERPART. Signifies little else
complaint of trespass; these being dis- than a copy of the original . Blackstone's
similar in kind. Such different claims or definition of it is as follows: - When the
complaints, when capable of being joined, several parts of an indenture are inter
coustituted different parts or sections of the changeably executed by the several parties,
declaration, and were known in pleading that part or copy which is executed by the
by the description of several counts. And grantor is usually called the original, and
under the C. L. P. Act, 1852, s. 41 , a the rest are counterparts. The counter
plaintiff might join in one and the same part is for some purposes as good evidenco
declaration a count in contract with one as the original deed. Under the Leases
in tort, provided they were both by and and Sales of Settled Estates Act, 1877 ( 40
against the same parties, in the same right, & 41 Vict. c. 18), a counterpart is required
and, semble, of a kind to admit of being in the case of every lease granted under
properly tried together. Thus, a count in the powers thereliy conferred. Usually
contract for breach of warranty might be the lessor in every case has to bear the
fitly joined with a count in tort for a false expense of the counterpart.
and fraudulent representation, so that the COUNTER PLEA . All pleadings of an
plaintiff if he failed on the one might incidental kind, diverging from the main
succeed onthe other, according to his series of the allegations, were called counter
evidence. Under the present practice, it
pleas : as when a party demanded oyer, in a
can scarcely be said that there are different case where upon the face of the pleading
counts in the statement of claim, but there his adversary conceived it to be not de
may be different causes of action joined mandable, the latter might demur, or if he
together therein.
See title JOINDER OF ACTIONS. had any matter of fact to allege, as a ground
why the oyer could not be demanded, he
COUNTERCLAIM . In lieu of bringing might plead such matter, and if he pleaded ,
a cross action or filing a cross bill, for the the allegation was called a counter plea to
purpose of the defendant to the original the oyer (Stephen on Plead. 79). Such a
action obtaining some substantive relief, plea is now obsolete.
COUNTIES CORPORATE . Are certain COUNTY COURTS continued .

cities and towns, some with more, some the County Courts has been settled as
with less, territory annexed to them : to follows :
which, out of special grace and favour, the I. Common Law Jurisdiction, -
kings of England have granted the privi ( 1.) The recovery of debts, demands,
lege to be counties themselves, and not to and damages, not exceeding
be comprised in any other county, but to £50, & sum which may be
governed by their own sheriffs and other reached either by abandoning
magistrates, so that no officers of the county the excess, or by striking a set
at large have any power to intermeddle off, but not by splitting de
therein. Such are London, York , Bristol, mands;
Kingston -on-Hull, Southampton, &c. (2.) Consent actions of every descrip
COUNTIES PALATINE were so called a tion ( 19 & 20 Vict. c. 108, s. 23) ;
(3.) Ejectments, where the annual
palatio, because the owners thereof, e.g. , value and rent do not exceed the
the Duke of Lancaster, had therein jura
regalia, as fully as the King bad in his sum of £20 (30 & 31 Vict. c. 142) ;
palace. They might pardon treasons, mur (4.) Actions for sums not exceeding
ders, and felonies ; they appointed all £ 50 on contract transferred by
judges and justices of the peace ; all writs order of a superior Court;
and indictments ran in their names, as in (5.) Actions of tort transferred in like
manner, upon affidavit of de
other counties in the King's ; and all
offences were said to be done against their fendant, that plaintiff has no
peace , and not, as in other places, contra visible means of paying costs :
pacem domini regis. The principal counties (6.) The following applications under
palatine in England were the Earldom of the C. L. P. Act, 1854 ;
Chester, the Bishopric of Durham , and the (a.) Discovery of documents ;
Duchy of Lancaster ; but all except the (6. ) Interrogatories, and compelling
an answer thereto ;
last have ceased altogether ; and the last
has ceased also , excepting as regards civil (c ) Attachment of debts ; and
actions in the Chancery. (d.) Equitable defences and replica
tions.
COUNTS, COMMON . Common counts II. Equity Jurisdiction, (under County
were of a simple character, e.g., for money Courts Act, 1865, 28 & 29 Vict.
lent; for work and labour ; and so forth. c. 99 ) ;
Indorsements of a somewhat similar cha ( 1.) Suits by creditors, legatees, heirs
racter may now be made on the writ of at-law, and next of kin against,
summons in the action ( Judicature Act, or for accounts, or administration
1875, App. A, pt. 2, sch . 2 ). of, personal or real estate , or
COUNTY . An ancient division of the both ;
country, co -extensive with a sheriff's (2. ) Suits for the execution of trusts ;
shrievalty, and with corresponding con (3.) Suits for foreclosure or redemp
sequences as to the execution of writs and tion, or for enforcing any charge
or lien ;
other legal processes, but which conse (4.) Suits for specific performance, or
quences have been mostly now abolished .
for the delivering up or cancel
COUNTY COURTS. These are a resus ling any agreement for the sale
citation of the shire-gemots, or County or purchase of any property ;
Courts of the Anglo -Saxon and Anglo (5.) Proceedings under the Trustee
Norman times, but entirely remodelled to Relief Acts, or Trustee Acts ;
suit the wants of modern times. They were (6. ) Proceedings relating to the mainte
established on their present basis by the nance oradvancementof infants ;
stat. 9 & 10 Vict. c. 95, intituled “ An Act (7.) Suits for the dissolution or wind
for the more easy Recovery of Small Debts ing up of partnerships; and
and Demands in England ,” or shortly, (8.) Proceedings for orders in the na
“ The County Courts Act, 1846." In pur ture of injunctions.
suance of the provisions of this Act, the But in each of these cases the amount
whole of England and Wales, with the at stake must not exceed £ 500.
exception of the City of London , was in the III. Miscellaneous Jurisdiction ,
year 1847, by order in council, divided into ( 1.) Grant and revocation ofprobate of
districts, varying in extent and population, wills, or of letters of administra
but contrived so as to suit the wishes and tion, where personal estate is
convenience of the inhabitants. There are under £200 (21 & 22 Vict. c. 95) ;
now over 500 such Courts, and about as (2. ) Jurisdiction in Admiralty (31& 32
many districts. By the principal Act Vict. c. 71 ; and 32 & 33 Vict.
and subsequent Acts, the jurisdiction of c. 51 ) ;
COUNTY COURTS - continued .
(3.) Jurisdiction in Bankruptcy (32 &
33 Vict. c . 71 ).
o COURT BARON
olttransferred — continued.
by surrender and admittance,
and other matters transacted relative to
The County Courts also exercise a copyhold property; the other a Court of
limited ministerial jurisdiction 10 the Common Law, which is the baron's or
superior Courts of Law and Equity. freeholder's Court, and used to be held for
All proceedings in the County Court determining by writ of right all contro
are commenced by plaint. Under the Judi- versies relating to the right of lands with
cature Acts, 1873-5, the distinction between in the manor ; and also for personal
the Common Law and Equity jurisdiction of actions, where the debt or damages did
the County Courts is abolished ; and every not amount to forty shillings.
County Court is to grant in every proceed COURT OF CHIVALRY : See titles Chi
ing before it all the relief or combination
of relief as the High Court of Justice might VALRY, COURT OF ; HERALDS' COLLEGE.
do. And it has been held, that the County COURT CHRISTIAN. The various spe
Court may in a proper case issue an injunc- cies of Ecclesiastical Courts whiclı took
tion against the commission of a wrongful cognizance of religious and eccles'astical
act, and even commit for breach of that matters were called Courts Christian , as
injunction ( Ex parte Martin, 4 Q. B. Div. distinguished from the Civil Courts.
212) : but the limits of the jurisdiction to COURT, COUNTY : See title County
the pecuniary amounts above stated are not Courts .
altered. All appeals from the decision of
a County Court are to a Divisional Court of COURT OF DELEGATES ; See title
the High Court , but not further excepting COURTS ECCLESIASTICAL .
by leave ; and no appeal from a County COURT OF DIVORCE : See titles Di
Court lies at all,excepting upon some ground VORCE ; MATRIMONIAL CAUSES.
of law or equity , or for sume mistake or COURT OF HUSTINGS. This was the
misdirection of the judge regarding the
evidence. highest Court of record held at Guildhall
for the City of London, before the mayor,
COUNTY COURTS, JURISDICTION OF : recorder, and sheriff's. It determined pleas,
Seo title COUNTY COURTS.
real personal and mixed ; and in this
COUNTY FRANCHISE : See titles ELEC- Court all lands, tenements, and heredita
TORAL FRANCHISE ; REPRESENTATION ments, rents, and services, within the City
PARLIAMENT. of London and suburbs, were pleadable in
COUNTY RATES. Are rates made by two hustings, one called hustings of pleas
the justices at general or quarter sessions of lands. and the other hustings of common
for the county, under the authority of the pleas. The Court for these purposes is
stat . 12 Geo. 2 , c. 29, for county purposes, now quite obsolete. But in the city (as
in other towns ) members of the House of
being generally the purposes referred to in Commons are said to go to the hustings to be
the preamble of that statute, or other pur elected ; which seems to suggest that the
poses of an analogous character, such as
Court of Hustings was a Court in which
repair and maintenance of bridges, con the freemen or freeholders were both the
struction and repair of county buildings, suitors and the judges, as in the old County
such as yaols,assizo courts, lunatic asylums, Courts of the country.
&c. The stat. 12 & 13 Vict. c. 82, relieves
of these rates all boroughs having separate COURT-LEET. This was a Court of re
quarter sessions. The stat. 15 & 16 Vict. cord held once or twice in every year
c. 81 , and ( for divisions of counties) the within a particular hundred , lordship, or
stat. 21 & 22 Vict. c. 33, regulate the manor, before the steward of the leet, for
assessment , collection , and distribution of the preservation of the peace, and the chas
these rates, the basis of assessment being tisement of divers small offences. One of
the full and fair annual value of the pro- its functions was to view frank-pledges,
perty as rateable to the poor rate. that is, freemen within the liberty, who,
See titles BOROUGH RATES ; POOR according to the institution of Alfred the
RATES ; RATiNG . Great, were all mutually pledges for the
COURT OF ADMIRALTY : See title good behaviour of each other.
ADMIRALTY, COURT OF. See title COURTS OF JUSTICE.
COURT BARON The Court Baron is a COURT OF THE LORD STEWARD OF
Court incident to every manor in the king- THE KING'S HOUSEHOLD, or ( in his
dim , and is held by the steward of the absence of the treasurer, comptroller, and
manor, and is of two natures : the one a steward of the Marshalsea ), was erected by
customary Court, appertaining entirely to stat. 33 Hen. 8, c. 12, with a jurisdiction
copyholders, in which their estates are to inquire of, hear, and determine, all
COURT OF THE LORD STEWARD OF COURTS OF APPEAL. Under the Judi

THE KING'S HOUSEHOLD —-contd . cature Acts, 1873-5, there are two Courts
treasons, misprisions of treason, murders, of Appeal, namely,
manslaughters, bloodsheddings, and other ( 1.) The Court of Appeal distinctively
malicious strikings, in or within the limits so called, for appeals from the High Court';
and
( i.e., within 200 feet of the gate ) of any of
the palaces and houses of the king, or any (2.) The Divisional Court, for appeals
other place where he resided (4 Inst. 133). from County Courts and other inferior
See title MARSHALSEA, COURT OF. Courts (including the Loril Mayor's Court
of London , and of course also the City of
COURT OF MARSHALSEA : See title London Court which is merely a County
MARSHALSEA , COURT OF. Court for the city).
COURT MARTIAL. A military Court The House of Lords is a Court of Appeal
for trying and punishing the military from the above mentioned Court of Appeal ;
offences of soldiers in the army. and the Privy Council ( Judicial Committee)
These Courts were occasionally (e.g., by is the Supreme Court of Appeal for colonial
Elizabeth ), resorted to unconstitutionally, matters, and for lunacy and ecclesiastical
i.e. without sufficient justification, for the matters, and for the Isle of Man , and gene
trial of alleged offenders. rally whenever reasons of state or some
See title MARTIAL LAW. distinctively executive functions enter into
COURT OF PECULIARS : the case.
See title
COURTS ECCLESIASTICAL. See title APPEALS, Civil, VARIETIES OF .
COURT OF PROBATE. A Court esta COURTS, COLONIAL : See title Colo
NIES.
blished by the stat. 20 & 21 Vict. c. 77,
and which bas taken over all the business, COURTS OF CONSCIENCE : See title
in matters testamentary and intestacies, of CONSCIENCE, COURTS OF.
the old Prerogative Courts of the Arch COURTS ECCLESIASTICAL. The Eccle
bishops and Consistorial Courts of the siastical Courts were Courts held by the
Bishops. It is now called the Probate Di king's authority, as supreme head of the
vision of the High Court, with a president church, for the consideration of matters
and an ordinary judge. Divorce and Ad chiefly relating to religion . The causes
Admiralty cases are associated with the usually cognizable in these Courts were of
strictly proper business of the Court, - three sorts, pecuniary, matrimonial, and tes
which is to make grants of probates and tamentary. ( 1.) Pecuniary causes were such
administrations, or to refuse probates ac as arose either from the withholding eccle
cording to the evidence. siastical dues, or the doing or neglecting
COURT OF RECORD. Is a Court the some act relating to the church , whereby
judgment and proceedings of which are some damage accrued to the plaintiff :
carefully registered and preserved, under (2. ) Matrimonial causes were such as had
the name of records, in public repositories ; reference to the right of marriage, as suits
and to them frequent recourse is bad when for the restitution of conjugal rights, for
any critical question arises, in the deter divorces, and the like; (3.) Testamentary
mination of which former precedents may causes were such as related to wills and
give light or assistance, and for other testaments, &c. The various species of
causes. By stat. 1 & 2 Vict. c. 94, the Ecclesiastical Courts were as follows:
public records of the kingdom are now in ( 1. ) The Archdeacon's Court, which was
general placed under the superintendence and is the lowest Court in the whole eccle
of the Master of the Rolls for the time siastical polity. It is held , in the arch
being, and a public record office has been deacon's absence, before a judge appointed
established. by himself, and called his official ; and its
COURT OF REQUESTS : See title Con jurisdiction is sometimes in concurrence
SCIENCE, COURTS OF. with, sometimes in exclusion of, the
bishop's Court of the diocese.
COURT OF REVIEW : See title REVIEW, (2.) The Consistory Court of every dio
COURT OF. cesan bishop, which is held in the cathedral
COURT OF STAR CHAMBER . A Court of the diocese, for the trial of all ecclesias
of very, ancient original, with jurisdiction tical causes arising within the diocese,
extending to riots, perjuries, misbehaviour whereof the bishop's chancellor or his com
of sheriffs, and other misdemeanours con missary is the judge. Its jurisdiction in
trary to the laws of the land, and assuming causes testamentary including intestacies,
also occasionally the purposes of a Court has been transferred to the Court of Pro
of revenue. It was finally abolished by bate, now the Probate Division of the High
16 Car. 1 , c. 10. Court, which has a District Registry in the
See title Star CHAMBER, Court of. diocese,
COURTS ECCLESIASTICAL - continued . COURTS OF JUSTICE - continued .
(3. ) The Court of Arches : See titles (2.) Shire-gemot, i.e., County Court,
ARCHBISHOP ; ARCHES, COURT OF, called also Sheriff's Leet ;
(4.) The Court of Peculiars, which is a (3.) Hundred Court ; and
branch of, and annexed to, the Court of (4. ) Tything Court :
Arches. It has jurisdiction over all those being the Courts of these several names
parishes dispersed through the province enumerated above as having civil juris
of Canterbury, in the midst of other diction.
dioceses, which are exempt from the ordi In Anglo- Norman times, the above-men
nary's jurisdictiun , and subject to the me tioned Courts, called respectively County
tropolitan only. All ecclesiastical causes Court, Hundred Court, and Tything Court,
arising within these peculiar or exempt remained ; but in addition to them, a new
jurisdictions are originally cognizable in Court was introduced , being the Court
this Court. called the Aula Regis, or Curia Regis, and
( 5. ) The Prerogative Court, which was which supplied the place of the Anglo.
established for the trial of all testamen Saxon Wittenagemot, being, in fact, in
tary causes, where the deceased had those early times interchangeable with the
left bona notabilia , within two different House of Lords, which thereupon became
dioceses ; in which case the probate of the supreme Appellate Court, and had in
wills belonged to the archbishop of the those times and for centuries afterwards an
province. And all causes relating to wills, original jurisdiction also.
administrations, or legacies of such per From this Aula Regis have been suc
sons, were originally cognizable therein cessively developed , in addition to,
before a judge appointed by the arch (1.) The House of Lords, - thefollowing
bishop, called the Judge of the Prerogative Courts, namely,
Court; but all this jurisdiction has now (2.) The Judicial Committee of the Privy
been transferred to the Court of Probate. Council , which, bowever, bas not
(6.) The Court of Delegates, appointed even yet been permanently severed
by the king's commission , under his great from the AulaRegis, but remains
seal, and issuing out of Chancery, was the a committee still ;
great Court of Appeal in all ecclesiastical (3.) The Court of Exchequer ,—the sepa
causes .The power and franchises of this ration of which from the Aula
Court were, by 2 & 3 Will . 4, c. 92, trans Regis is commonly assigned to the
ferred to the Privy Council, where they reign of Richard I., when the pur
remain . poses of the king's revenue, for
( 7. ) A Commission of Review was a com which exclusively it was set apart,
mission sometimes granted in extraordi necessitated its inore permanent
nary cases, to revise the sentence of the constitution as a Court ;
Court of Delegates, when it was appre (4. ) The Court of Common Pleas, —the
hended they had been led into a material separation of which from the Aula
error . This appeal, however, is now to the Regis is commonly assigned to a
king in council. date anterior to the date of Magna
Charta ( 1215) at which latter date
COURTS OF JUSTICE . In Anglo - Saxon the Court was fixed at West
times, the Courts of Justice possessing minster, and received as the sub
(A. ) Civil jurisdiction were the follow ject matters of its jurisdiction all
ing : civil causes between subject and
( 1.) Wittenagemot, — which was the subject, and iu which the king
Court of Appeal : had no interest ; and inasmuch as
(2.) Council of Wittenagemot, - being such matters related in early times
the prototype of the Privy almost exclusively to real pro
Council; perty questions, so it happened
(3.) Shire -gemot, i.e., County Court, that, until the recent changes, the
called also Sheriff's Tourn, and Court of Common Pleas was pri
being the Court of first instance marily and properly concerned
for general civil cases; with freehold issues ouly ;
being the two (5.) The Court of Queen's Bench , —which
(4.) Hundred Court ; Courts for cases was the then residuum of the Aula
and of smaller and Regis after the severance there
(5.) Tything Court ; merely local im from of the Courts ofExchequer
portance . and Common Pleas. The separa
And the Courts of Justice of those times, tion of the Court of Queen's
which possessed ( B.) Criminal jurisdiction Bench from the Aula Regis and
were the following : its constitution into a separate
( 1.) Wittenagemot; isolated Court is commonly as
COURTS OF JUSTICE - continuerd. COURTS OF JUSTICE — continued .

signed to the reign of Edward I., first time in the year 1176, by an
that reign having been the epoch Act of the Parliament held at
at which the Cominon Law Pro Northampton in that year ; and
cedure, as it existed prior to (12.) The Courts Ecclesiastical, which
1852-60 , was established in its (it is uncertain whether they )
principal features ; emanated from the royal person as
(6.) The Court of Chancery , which was supreme head of the Church , or
the then residuum of the Aula from the person of the Church
Regis after the Queen's Bench itself, or of the Pope, the repre
had been isolated from it. This sentative and vice -gerent of the
Court acquired consistency as a Church of Christ on earth . At
Court in the reign of Edward III, any rate, they did not emanate
under an ordinance 22 Edw. 3, from the Aula Regis ; although
which directed the Lord Chan subsequently to the Reformation
cellor to inquire of matters of of Religion in the reign of Henry
" grace," and the Court was fur VIII. , when that monarch as
nished in the succeeding reign sumed to be, and was recognized
( Richard II. ) with its chief wea at law as being, supreme head of
pon, namely, the subpæna, which the Church of England, the Courts
was invented in that reign by Ecclesiastical clearly derived their
Bishop Waltham , of Salisbury ; efficacy, like all other Courts and
and, in spite of strenuous opposi institutions, from his royal person ,
tion , the Chancery procedure by as the source of law and justice.
bill and subpæna, as it existed The Courts Ecclesiastical were of
until the year 1852, was fully many orders and varieties ; but at
established in the reign of Edward the present day they are princi
IV.; pally the Consistory Courts of the
(7.) The Court of Exchequer Chamber. bishop of each diocese, and the
This Court was established by the Court of Arches.
stat. 31 Edw. 3, st. 1 , c. 12. By the Judicature Act, 1873 (36 & 37
( 8.) The Star Chamber. This was the Vict. c. 66), which took effect on the 1st
residuum of the Aula Regis re of November, 1875, it is provided with re
maining after the isolation of the ference to the Superior Courts of Justice
Court of Chancery ;: and inasmuch that the numbers of such Courts and their
as the Courts already established gradations shall be as represented in the
did not appropriate all matters of following statement, that is to say, -
jurisdiction, and inasmuch as in ( 1.) The Act (as amended by the Acts
particular the Court of Chancery of 1875, 1877,) unites and consolidates into
never possessed any jurisdiction one Supreme Court of Judicature in Eng.
in criminal matters, so the Court land the following Courts, viz. (s. 3) :
of Star Chamber of those times (a. ) High Court of Chancery,
had a jurisdiction partly civil but (6.) Court of Queen's Beuch,
principally criminal, being sup (c. ) Court of Common Pleas,
plementary to the other Courts, ( d ) Court of Exchequer,
and interposing where those Courts ( e.) High Court of Admiralty,
were from any cause, whether from ( f.) Court of Probate, and
want of jurisdiction or from ob (g. ) Court of Divorce and Matrimonial
structions to their jurisdiction, in Causes.
capable of doing justice or of (2.) It subdivides the said Supreme Court
giving redress ; into two permanent divisions, to be called
(9.) The Court of Admiralty, being the respectively (s. 4 ),
( 10.) The Court-Martial, Courts ( a .) Her Majesty's High Court of Jus
which were latterly developed re tice, and
spectively out ofthe jurisdiction of (6.) Her Majesty's Court of Appeal.
the Constable (over maritime The former of these two subdivisions has
causes ), and of the Earl Marshal original and some appellate jurisdiction,
( over military causes). and the latter of them appellate and some
In addition to the Courts before enume original jurisdiction .
rated, there are two other jurisdictions. (3.) It constitutes as members of the
namely : High Court of Justice the following per
( 11.) Judges of Assize and Gaol Deli sons, namely (s. 5) : .
very, being the descendants of the (a. ) The Lord Chancellor,
Justices Itinerant or Justices in (V. ) The Lord Chief Justice of England,
Eyre, who were appointed for the ( c.) The Master of the Rolls,
L
146 A NEW LAW DICTIONARY. 1
COURTS OF JUSTICE - continued . COURTS OF JUSTICE - continued .
(d.) The Lord Chief Justice of the Com such judge when he enters on the execu
mon Pleas , tion of his office (s. 9) :
(e.) The Lord Chief Baron of the Ex And after providing for the precedence
chequer , of judges (s. 10 ), and for the non -judicial
( f.) The Vice -Chancellors of the High extraordinary duties of any judges (s. 12 ),
Court of Chancery, and (under and for the rights and obligations of exist
the Judicature Act, 1877), the ing judges (s. 11 ), and for the salaries of
Additional Judge in Chancery, future judges (s. 13 ), and for the retiring
(g. ) The Judge of the Court of Probate pensions of future judges ( s. 14), and for
and of the Court for Divorce and the mode of payment of the salaries and
Matrimonial Causes, pensions of judges ( s. 15), it goes on to
(h.) The Puisne Judges of the Court of make further provision as follows, tbat is to
Queen's Bench , say ,
( i. ) The Puisne Judges of the Court of (7. ) It constitutes the High Court of
Common Pleas, Justice a Superior Court of Record, and
(j.) The Junior Barons of the Court of vests in it the following jurisdictions,
Exchequer, and namely (ss. 16, 17) :
(k. ) The Judge of the High Court of (a.) The High Court of Chancery , -all
Admiralty , the jurisdiction thereof, as well in
making the Lord Chancellor, and in his its Common Law as in its Equity
absence the Lord Chief Justice of England, side, and including therein the
president of the said Court. ordinary and also the special
(4.) It appoints as judges of the Court jurisdiction of the Master of the
of Appeal the following persons, namely Rolls, other than and except the
(s. 6) : following jurisdictions, that is to
(a . ) The Lord Chancellor, say,
(6.) The Lord Chief Justice of England, (aa .) The appellate jurisdiction of the
(c. ) The Master of the Rolls, Court of Appeal in Chancery,
( d .) The Lord Chief Justice of the Com or of the same Court sitting as
mon Pleas, and a Court of Appeal in Bank
(e. ) The Lord Chief Baron of the Ex ruptcy ;
chequer ; (bb.) The jurisdiction of the Court of
which five persons are to be the five ex Appeal in Chancery of the
officio judges of the said Court ; also, county palatine of Lancaster ;
( f.) The Lords Justices of Appeal (six (cc.) The jurisdiction, whether of the
in number ). Lord Chancellor or of the
The Lord Chancellor is president of the Lords Justices, over idiots, lu
Court of Appeal. natics, and persons of unsound
( 5. ) It enables any judge of the Supreme mind ;
Court ( other than the Lord Chancellor ) to (dd.) The jurisdiction of the Lord
resign his office therein by writing under Chancellor in the matter of
his hand addressed to the Lord Chancellor; letters patent and in the mat
and provides that the appointment of any ter of commissions or other
judge of the High Court of Justice to be writings under the Great Seal ;
a judge of the Court of Appeal shall ipso (ee.) The jurisdiction ofcolleges
the Lord
facto vacate the former office ( s. 7 ). Chancellor over and
(6.) It makes eligible for the office of charities ; and
judge of the High Court of Justice (s. 8 ),— ( ff .) The jurisdiction of the Master of
( a .) Any barrister of not less than ten the Rolls over records in Eng
years' standing ; also, it makes land .
eligible for the office of judge of ( 6.) The Court of Queen's Bench,, all
the Court of Appeal. the jurisdiction thereof ;
(b.) Any person having the qualifica (c. ) The Court of Common Pleas at
tions to be appointed a Lord Jus Westminster,--all the jurisdiction
tice of Appeal in Chancery as that thereof ;
office existed and was qualified for ( d .) The Court of Exchequer,--all the
at the date of passing of Act ; and jurisdiction thereof ;
(c.) Any judge of the High Court of (e.) The High Court of Admiralty , -all
Justice of one year's standing. the jurisdiction thereof ;
And after providing for the tenure of the ( f.) The Court of Probate, - all the
olice of a judge of the said SupremeCourt, jurisdiction thereof;
and rendering every such judge incapable (9. ) The Court for Divorce and Matri
tting in the House of Commons, and monial Causes , -all the jurisdic
cribing the oaths to be taken by every tion thereof;
COURTS OF JUSTICE - continued . COURTS OF JUSTICE - continued .

(h. ) The London Court of Bankruptcy, be transferred to the High Court of Justice
(repealed by Judicature Act, 1875) ; and the Court of Appeal respectively, sub
(i. ) The Court of Common Pleas, at ject to the following provisions as to the
Lancaster,-all the jurisdiction existing business of the said several juris
thereof ; dictions on the 2nd of November, 1874,
(j.) The Court of Pleas at Durham.- now extended to the 1st of November,
all the jurisdiction thereof ; and 1875, namely (s. 22 ) :
(k. ) The Courts created by Commissioners (a. ) As to causes, matters, &c. , fully
of Assize, Oyer and Terminer, heard, but being as to the judg
and Gaol Delivery, -- all the juris ments therein imperfect in any
dictions thereof; respect,
including in such jurisdictions the respec The judgments in all such
tive jurisilictions exercised by all or any causes, matters, & c. , are to
one or more of the judges of the said be perfected by the said
Courts respectively, whether sitting in several jurisdictions respec
Court, or in chambers, or elsewhere, and tively ; and
all powers ministerial and other of such (6. ) As to causes matters, &c., fully
respective Courts and of their or any of heard, and being as to the judy
their said respective judges, and all duties ments therein perfect in every
and authorities incident to the same respect, -
jurisdictions, or any part thereof respec The judgments in all such
tively. causes, matters, & c., may be
(8.) It constitutes the Court of Appeal executed, amended, or dis
a Superior Court of Record , and vests in charged by the High Court
it the following jurisdictions and powers, of Justice or Court of Appeal
namely (s. 18) : as the case may be ; also,
(a .) The appellate jurisdiction (with the (c.) As to causes , matters, &c. , pend
powers incident thereto) of the ing : -
Lord Chancellor and of the Court ( 1.) All proceedings in error or on
of Appeal in Chancery, and of appeal therein , and also all
the same Court sitting as a Court proceedings before the Court of
of Appeal in Bankruptcy; Appeal in Chancery are to be
(6.) The jurisdiction (with the powers continued and concluded in the
incident thereto) of the Court of Court of Appeal ;
Appeal in Chancery of the County (2.) All proceedings other than those
Palatine of Lancaster, and of the above mentioned are to be con
Chancellor of the Duchy and tinued and concluded in the
County Palatine of Lancaster High Court of Justice ; and
when sitting alone or apart from for these purposes the Court of
the Lords Justices of Appeal in Appeal and the High Court of
Chancery as a judge of re -hearing Justice respectively are to have
or appeal from decrees or orders the same jurisdiction in respect
of the Court of Chancery of the of all such pending causes,
County Palatine of Lancaster ; natters, &c. , as if the same
(c . ) The jurisdiction ( with the powers had been commenced in the
incident thereto ) of the Court of two last-mentioned Courts re
the Lord Warden of the Stanna spectively, and may direct the
ries and his assessors , and of the continuance and conclusion of
Lord Warden in bis capacity of the same either according to
judge ; the old mode of procedure or
(d.) The jurisdiction (with the powers according to the new mode of
incident thereto ) of the Court of proceilure.
Exchequer Chamber; and (s. 19 ), (10.) It defines that the new procedure
( e.) An appellate jurisdiction in respert and practice shall be regulated by the
of all judgments and orders of Judicature Acts and by certain rules and
the High Court of Justice or of orders of Court made pursuant thereto, and
any judges or judge thereof with in the absence of such regulation upon any
such powers incident thereto as special point, shall as nearly as may be
are necessary for the exercise of the same as the old procedure and practice
the same jurisdiction, and as are (s . 23.)
before given to the High Court of ( 11. ) It constitutes Divisional Courts of
Justice . the High Court, being any two or more
(9.) It abrogates the several jurisdic judges of that Court sitting together ; and
tions which in the Act are mentioned to it assigns to such Divisional Courts various
L 2
COURTS OF JUSTICE - continued . COURTS OF THE UNIVERSITIES — con
special jurisdictions, chiefly the follow tinued .
ing : where a right of freehold was concerned .
(1.) All appeals ( from Petty or Quarter These privileges were granted in order
Sessions) from a County Court, or that the students might not be distracted
from any other inferior Court, from their studies by legal process from
which , before the Judicature distant Courts . And these University
Acts, 1873–5, lay to the Superior Courts were at liberty, at their discretion,
Courts of Law or Equity (Judica to try and determine either according to
ture Act, 1875, 8. 45 ; Order the Common Law of the land , or according
LVII a ., 1 ) ; to their own local customs. These privi
(2.) Cases, or points in cases, reserved leges are still in part exercised at Oxford,
at trials for the consideration of but by a recent private statute have been
the Divisional Court, and cases or taken away from Cambridge. In pursuance
points in cases directed at trials of the stats. 17 & 18 Vict. c. 45, and 25 &
to be argued before the Divi 26 Vict. c. 26 , 8. 12, the procedure is as
sional Court ( Judicature Act, in the County Courts ; and the rules of
1873, s. 46) ; the Statute Law of England have taken
(3.) Applications for new trials, from a the place of the rules of the Civil Law.
trial before a judge with a jury COURTS AT WESTMINSTER . The
(Order xxxix ., 1 ; Order Lviia., 1 , superior Courts, both of Law and Equity,
December, 1876) ; and also appli
cations for new trials from a trial were for centuries fixed at Westminster,
in the County Court, even with
an ancient palace of the monarchs of this
out a jury ( London v. Roffey, 3 country. Formerly all the superior Courts
Q. B. Div . 6 ; Davis v. Godbehere, were held before the king's capital jus
W. N. 1879, p. 62) ; ticiary of England, in the Aula Regis, or
(4.) Applications for orders charging such of his palaces wherein bis royal
stock or shares (Order XLVI., 1 ) ; person resided, and removed with his
and household from one end of the kingdom
to another. This was found to occasion
(5.) The following civil (besides certain great inconvenience to the suitors, to re
election and criminal) proceed medy which it was made an article of the
ings, viz. ; great charter of liberties both of King John
(a.) Proceedings directed by Act of
Parliament to be taken before and King Henry III., that “ common pleas
the Court, when the Court's should no longer follow the King's Court,
decision is final ; but be held insome certain place,” in con
sequence of which they have ever since
( 6.) Cases stated by the Railway Com
missi been held ( a few necessary removals in
oners ;
(c.) Special cases, by agreement of all times of the plagne excepted ) in the
parties ; and palace of Westminster only. The Courts of
(d.) Appeals from the Common Law Equity also sit at Westminster nominally
Chambers to the Court (Order during term time, although actually only
LVII a ., 1 ). duringthe first day of term,for they gene
COURTS OF PRINCIPALITY OF WALES .
rally sit in Courts provided for the purpose
in, or in the neighbourhood of, Lincolu's
A species of private Courts of a limited Inn.
though extensive jurisdiction ; which, upon COVENANT. Is a mere agreement or
the thorough reduction of that principa promise under seal, and may be either to
lity and the settling of its polity in the
reign of Henry VIII., were erected all over pay a liquidated sum of money or unliqui
thecountry . These Courts, however, have dated damages, or to do, or abstain from
been abolished by 1 Will . 4, c . 70 ; the doing, any particular act.
principality being now divided into two Covenants are of various kinds, the
circuits, which the judges visit in the principal of which are the following :
same manner as they do the circuits in ( 1.) Expressand Implied Covenants,--
England, for the purpose of disposing of the former being in so many words, the
those causes which are ready for trial. latter arising by inference from the use of
other words, e.g., " demise ,” which implies
COURTS OF THE UNIVERSITIES. The a covenant for quiet enjoyment, “ grant,
Chancellor's Courts in the two universities bargain, and sell," which, as regards lands
of England used to enjoy the sole juris in the East and North Ridings of York.
diction, in exclusion of the King's Courts, shire, imply covenants for title;
over all civil actions and suits whatsoever, ( 2.) General and Specific Covenants ---
when a scholar or privileged person was the former relating to land generally and
one of the parties, excepting in matters placing the covenantee in the position of a
COVENANT - continued . COVENANT - continued .

specialty creditor only, the latter relating benefit of all the cestuis que use whose
to particular lands and giving the cove- estates are derived out of the momentary
nantee a lien thereon : seisin of such releasee, whether such ces
( 3.) Inherent and Collateral Covenants, - tuis que use are or are not parties to the
the former affecting the particular property conveyance, and whether they claim im
immediately, the latter affecting some mediately under it or by virtue of an ap
property collateral thereto ; pointment made under a power contained
(4. ) Joint and Several Covenants , —the in that conveyance. But when the cove
former binding both or all the covenantors nants are mide with the cestui que use
together, the latter binding each of them and his heirs and assigns, or with him and
separately. A covenant may be both joint his heirs only,although they run with the
and several at the same time, as regards land for the benefit of any person who
the covenantors ; but as regards the cove- claims as alienee of his estate, yet they do
nantees, they cannot be joint and several not run with the land for the benefit of an
for one and the same cause (5 Rep. 19 a), APPOINTEE of the cestui que use, the reason
but must be either joint or several only. being that such appointee, although the
Covenants are usually joint or several alienee of the cestui que use, is not the
according as the interests of the cove- alienee of his estate, but of a new estate
nantees are such ; but the words of the which is substituted for it, and which
cuvenant, where they are unambiguous, takes effect, not out of the seisin of the
will decide : although where they are cestui que use , but out of the original seisin
ambiguous, the nature of the interests as of the releasee to uses. Wherefore it is
being joint or several is left to decide. better, when the releasee to uses and the
( Bradburne v. Batfield, 14 M. & W. 559). purchaser are different persons, for the
(5.) Real and Personal Covenants. covenants to be made with the releasee to
These covenants being also sometimes uses and not with the cestui que use .
called respectively covenants which run Again (6.), Covenants, Dependent or In
with the land and covenants which lie dependent. Thus, if A. covenant with B.
against the personalty. The former, to serve him for a. year, and B. covenant
whether beneficial or burdensome, attach with A. to pay him £10, the covenants are
to the successive owners of the property in independent, and A. may maintain an
virtue of their being such ; but both action of debt or covenant against B. for
varieties of covenant, i.e., as well the real as the money before any service ;on the other
the personal, form the basis of an action for hand, if B. bad in the case before men
damages against the covenantor himself, or, tioned covenanted to pay A. £10 for the
if he is deal, against his executors or ad- service, the three words in italics would
ministrators, and even against his heir, if have made the second covenant dependent
the heir is specially named in the covenant. on the first, and the service becoming in
If the covenant does not concern the land that way a condition precedent, A. could
itself, but only a particular mode of occu- not have enforced payment of the money
pying or using the same, it does not run without averring and proving the per
with the land, and the assignee of the formance of the service. By the C. L. P.
lease (uot being expressly named in the Act, 1852, s . 57, such averment may now
covenant) cannot sue the lessor upon it be general. Again, where A. covenanted
( Thomas v. Hayward, L. R. 4 Ex. 311) ; with B. to marry B.'s daughter, and B.
but if the assignee have notice of such a covenanted with A. to convey an estate to
covenant, he will be bound thereby in A. and the daughter in tail special, it was
equity ( Catt v. Tourle, L. R. 4 Ch. App. held that the covenants were independent,
654 ; Renals v. Coulishaw , 9 Ch . Div. 125 ; and that A. might marry another woman
and distinguish Master v. Hunsard, 4 Ch . and yet have an action of covenant against
Div. 718). B.; on the other hand , if B, had covenanted
The benefit of real covenants passes to with A. in the last -mentioned case to
the heirs of the covenantee, although en- convey the estate to him and the daughter
tered into with him and his executors and for the cause aforesaid , the words in italics
administrators only ; also, the benefit of would have made the second covenant de
such covenants entered into with the pendent on the first, and A. could not have
covenantee, his heirs and assigns, or even had his action of covenant against B.
with the covenantee and his heirs only, without having first married the daughter
passes to all persons taking the estate of of B. See 1 Wms. Saund . ( ed. 1871 ), p.
the covenantee, or any estate derived out of 549 .
such estate. Hence, when covenants are The distinction between covenants de
entered into with the releasee to uses and pendent and covenants independent, to
bis heirs and assigns, or with him and his gether with the practical importance of
heirs only , they run with the land for the that distinction, being apparent, the follow
COVENANT — continued . COVENANTS FOR TITLE - continued .

ing are the rules for deciding whether in (5) for further assurance ; and in the case
any given case a covenant is de pendent or of the grantor retaining any of the title
independent: deeds, then (6) a covenant to produce such
( 1. ) If a day be appointed for payment title deeds. A vendor gives all these
of money, or part of it, or for doing any covenants , but limits them to the acts and
other act, and the day is to (or may) defaults of himself and his ancestors (i.e.,
happen before the thing which is the con- since the last purchase) ; a mortgagor also
sideration for the money or other act is to gives all these covenants, but absolutely
be performed, an action may be brought and without any such qualification or limi
for the money or to enforce doing the other tation as aforesaid . A trustee, or mort
act, before the performance of the consi- gagee transferring the estate, merely
deration (Ughtred's Case, 48 Edw . 3, 2, 3 ; covenants that he personally has not in
Thorpe v. Thorpe, 12 Mod. 461 ). But it is cumbered . Tlie covenant for further
otherwise, if the day is to happen after the assurance does not extend to incluiling a
consideration. ( Thorpe v. Thorpe, 2nd ruso- covenant to produce, which latter covenant
lution , 12 Mod. 462 ; and see Pordage v. should therefore be expressly added, where
Cole, 1 Wms. Saund . ( ed. 1871 ), p. 548. ) it is wanted . Eviction would be a breach
(2. ) Where a covenant goes only to part of the covenant for seisin in fee free from
of the considerations on both sides, and a incumbrances ; and for such a breach the
breach of such covenant may be paid for damages are usually much more consider
in damages, it is an independent covenant, able than for mere breach of the covenant
and an action may be maintained for a for quiet enjoyment ( Child v. Stenning,
breach of the covenant on the part of the 11 Ch. Div. 82). The covenants for title
defendant, without any averment of perfor- in the case of copyholds are substantially
mance in the declaration ; a very remark the same . The covenants for title in the
able illustration of such an action will be case of leaseholds are that the lease is
found in Boon v . Eyre ( 1 H. Bl . 273, n . ( a)). valid and subsisting, and not become void
And it is a general rule of law , that where or voidable.
the consideration has been executed in See titles EvicTION ; QuiFT ENJOY
part, that which was at first a condition MENT .
precedent, becomes for the purposes of COVERTURE : See title MARRIED WOMEN .
pleading a warranty merely, for the breach
of which a compensation must besought in COVIN . An old name for fraud .
dan ages ( Behn v . Burgess, 3 B. & Sm . 751); See titles FRAUD ; FRAUDULENT CON
unless indeed the consideration is entire VEYANCE.
and indivisible, in which case there can be CREDIBILITY OF WITNESS. All ob

no partial failure, but the consideration if
jections to the competency of witnesses on
it fail at all must fail altogether ( Chanter the ground of interest having now ( with
v. Leese, 4 M.& W. 295 ; 5 M. & W. 698 ). immaterial exceptions) been removed ( see
But it is otherwise where the mutual cove title COMPETENCY OF WITNESSES ), the objec
nants go to the whole consideration on both tion has become a mere circumstance affect
sides ; for in that case they are mutual ing, or which ( it may be suggested ) affects
conditions precedent, and performance their credibility, i.e. , their trustworthiness
must be averred ( St. Alban's (Duke) v. as narrators of the circumstances given in
Shore, 1 H. Bl. 270). evidence. Besides pecuniary interest,
(3.) Where two acts are to be done at other grounds for questioning the credi
the same time, neither party can maintain bility of a witness are relationship (moral
an action against the other , without shew or social), anxiety for witness's own repu
his
performance
ing part, of, or an offer to perform ,
although it be not defined which
tation, and such like.
of them is obliged to do the first act ; and CREDIT, LETTERS OF. Are instru
this third rule applies more especially to all ments in common use among bankers for
cases of sale ( Peeters v. Opie, 2 Wms. the transmission of money either within
Saund. (ed. 1871), 742). the United Kingdom , or to the colonies, or
See title CONDITIONS. to foreign countries . They are not nego
COVENANT TO STAND SEISED : See tiable as cheques, but are mere authorities
title CONVEYANCES, sub-title II. A 1 . from the banker who signs them to the
banker (or other person ] to whom they are
COVENANTS FOR TITLE . The usual addressed upon advice to honour the drafts
covenants for title in the case of freehold of the person named therein upon his pro
lands are five in number, viz. ( 1 ) that the ducing the letters. If the letters of credit
grantor is seised in fee ; (2 ) that he has are stolen or lost, the banker upon whom
good right to convey ; (3) for quiet enjoy- / they are drawn is liable in case he honours
ment ; (4 ) free from incumbrances ; and the drafts or pays the amounts upon a
CREDIT, LETTERS OF - continued . CREDITORS, TRUSTS FOR - continued .

forged indorsement. The 16 & 17 Vict. but the deed is communicated to them , and
c. 59, s. 19, does not appiy to these letters, after such communication they, in reliance
as it does to drafts. upon the deed , have materially altered their
See title CHEQUES. positions relatively to the debtor, e.g., by
CREDITORS. In the most general sense abandoning some action which they had
are per ons entitled to any money or equi commenced against him for the recovery of
valent for money, either liquidated or un their debts ( Acton v. Woodgate, 2 My. & K.
495) ; but mere communication , not fol
liquidated ; but in its proper sense, are lowed by such an alteration of position,
persons entitled to money only, and that of
a liquidated amount . Their form of action does not make the deed irrevocable ( Biron
was debt ( see title Debt ). They may be v . Mount, 24 Beav. 649 ). A creditor to
whom the deed has not been communi.
either sole creditors or joint creditors ; and
in either case , either secured creditors or cated has no equity under it ( Johns v.
unsecured creditors ; and they may be James, 8 Ch. Div. 744) ; but if it contain
either by simple contract, or by specialty all the debtor's property, he may make him
( e.g., bond or covenant), or upon a judg a bankrupt on the ground of it.
See title BANKRUPTCY .
ment. And in the case of partnerships,
they may be either joint creditors ( i.e., CRETIO . ' In Roman Law , was the
partnership creditors) or separate creditors choice made by a Haeres, to take the
( i.e. claiming against any individual part- estate ; and it came naturally to depoto
ner separately ). In connection with com- the time limited for the heir to choose.
panies, creditors are commonly distin- Where the time so limited ran on, whether
guished from contributories. the heir knew or did not know that he was
See titles CONTRIBUTORIES ; JOINT heir, it was called continua or certorum
OWNERSHIP . dierum ; when it only man after he knew of
CREDITOR'S DEED : See titles COMPO the fact of bis being heir, it was called
sition DEED ; CREDITORS, TRUSTS FOR . vulgaris, because that was the commoner
way .
CREDITORS, FRAUDS ON. Such frauds See titles INSTITUTIO HAEREDIS ; SUB
STITUTIO HAEREDIS.
may exist either at the Common Law or
under particular statutes. Twyne's Case, CRIER . An officer attached to the
3 Rep . 82 a ., is the leading case on Com- Courts of Common Law , whose duty it was
mon Law frauds on creditors ; the parti to call a plaintiff who was nonsuited at the
cular statutes relating to (aud in some in trial (see title CALLING THE Plaintiff );
stauces creating) frauds on creditors are and his present duties are to call the jury,
the 13 Eliz. c. 5 , the Bills of Sale Act, & c. Usually one of the judge's clerks
1878, and the Bankruptcy Act, 1869 (see acts as crier of the Court (15 & 16 Vict.
title FRAUDULENT CONVEYANCES). There c. 73, s. 8 ; Judicature Act, 1873, s. 79).
are some frauds on creditors which are not
CRIME . The distinction between a
always relievable, e.g., in the case of mar crime and a tort, or civil injury, is, that the
ried women having separate property, but
restrained from anticipating it, and in the former is a breach and violation of the
case of infants. public rights and duties due to the whole
See titles SEPARATE ESTATE ; INFANTS. community, considered as such, in its social
aggregate capacity, and is said to be com
CREDITORS, TRUSTS FOR. Deeds of mitted against the king's peace ; whereas
trust in favour of creditors, even where the latter is merely an infringement or
they contain no express power of revo- privation of the civil rights which belong
cation, are ( unlike other deeds, and unlike to individuals considered merely in their
even voluntary deeds) revocable by the individual capacity.
settlor as a general rule, they being ar- See title CRIMINAL LAW.
rangements for the debtor's own conveni
ence merely, and not investing his creditors CRIMEN FALSI. Was fraudulently
with the character of cestuis que trustent affixing the seal of the Court to any pur
(Garrard v. Lord Lauderdale, 3 Sim. 1 ). ported legal process, e.g., signing writs or
charters with the king's seal, or a summons
Made one day, they may be unmade the with the seal of the county court.
next, on a happier thought. Nevertheless,
such deeds become irrevocable in certain CRIMINAL CASES RESERVED. The
cases, being principally two, viz. (a.) Where Court for the decision of points of law
the creditors or some of them are parties raised upon criminal trials and reserved
to the deed and execnte it, it becomes irre- was constituted by the stat. 11 & 12 Vict.
vocable as regards the executing creditors c. 78 ; and the jurisdiction vested in it is
(Mackinnon v. Stewart, 1 Sim. ( N.S.) 89 ); now exercised by the judges of the High
aud (6.) Where the creditors are not parties, / Court of Justice, or any five of them of
CRIMINAL CASES RESERVED - contd . CRIMINAL LAW - continued .
whom the Lord Chief Justice of England, Particular crimes ( such as Arson , Bigamy,
the Lord Chief Justice 'of the Common Burglary, Murder , &c. ) will be found ex
Pleas, and the Lord Chief Baron of the plained under each particular head .
Exchequer, or one of them ,shall form part (3.) The mode of procedure in criminal
( Judicature Act, 1873 , 8. 47 ). cases is various, being either ( 1 ) by indict
CRIMINAL CONVERSATION . This
ment, which is the regular course (see title
was the name of an action in which a hus INDICTMENT); or ( 2 ) by summary proceed
ings before аa magistrate (see title SUMMARY
band proceeded for damages sustained by CONVICTIONS); or (3 ) by Criminal Iufor
him in his wife by the act of an adulterer mation (see title CRIMINAL INFORMATION ).
of her body. It was abolished by the stat. ( 4. ) The evidence adduceable in support
20 & 21 Vict. c. 85 , s. 59, but the husband of and against the charge, is in general
may at the present day petition the Court governed by the same strict rules of evi
of Probate for damages in such a case, dence that are (or ought to be) applied in
without asking for a divorce also . civil actions ; but there are the following
See title DIVORCE, DAMAGES FOR. rules of evidence exclusively applicable to
CRIMINAL INFORMATION . This is criminal matters , that is to say,-Estoppels
a mode of proceeding available in cases of against the accused are not to be readily
alleged libellous publication, and in some made ; Presumptions against him are not
other matters. It is within the discretion to be lightly raised, but if there is any
of the Court to grant or refuse it according reasonable hypothesis or material circum
to the circumstances ( Anon ., Lofft. 323 ) ; stance tending to infirm the presumption ,
and the Court will not entertain an appli the accused is to have the benefit of the
cation for it on light or trivial grounds, but doubt ; the onus probandi invariably rests
will leave the party to bis remely (if any ) on the prosecutor; in all matters of pre
by action or indictment (Reg. v. Mead , 4 sumption and circumstantial evidence,
Jur. 1014 ). The Attorney -General or there can be no conviction without proof of
(ouring the vacancy of that office ) the the corpus delicti ; evidence of motive is
Solicitor-General may, however, file such receivable, and of conduct as well ante
an information ex officio , and without ap cedent to as subsequent to the alleged
plication to the Court ( Rex. v. Plymouth crime committed .
( Mayor ), 4 Burr. 1087) ; and he may even ( 5. ) Appeals and proceedings in the na
stop the proceedings upon his first informa ture thereof in criminal cases are allowed
tion , and tile a second one ( Rex v. Stratton , or not according to the following distinc
1 Doug. 238). To an information for a tions ,
libel, the defendant may, under 6 & 7 Vict. (a.) No new trial can be granted in
c. 95, 8. 6 , plead in his justification the cases of felony ; but with respect to mis
truth of the matter published, and that demeanors, it is entirely discretionary
the publication thereof was for the public with the Court whether it will grant or
refuse a new trial ( Rex v. Mawbey, 6
good.
A criminal information also lies against T. R. 638 ).
a magistrate who acts from corrupt motives, (6.) It is contrary to the policy of the
or who improperly grants or refuses an ale English Law that there should be an ap
lịcence ; but the magistrate must have peal in cases of felony ( Ex parte Eduljee
notice of the intention to apply for the in Byramjee, 5 Moo. P. C. C.276 ) ; neverthe
formation against him . And the party less the stat. 11 & 12 Vict. c . 78, enables
applying for an information must in all the judge to reserve any point arising on
the trial for the consideration of the Court
Cases come with clean bands.
for Crown Cases Reserved , which is estab )
CRIMINAL LAW. ( 1.) The persons con lished by that Act, and the constitution of
cerned in the commission of a crime may which is not materially modified by the
be concerned in it either as Principals, or Judicature Acts, 1873–5 ; but
as Accessories, or as Abettors. (c . ) After judgment. the record may be
(2.) The varieties of crimes are innumer removed by writ of error, in any case where
able ; they are, however, distinguished an error, either of law or of fact, appears
generally intı, three classes, viz. , Treasons, on the record ; this writ of error lies from
Felonies, and Misdemeanors ; but the dis quarter sessions to the Queen's Bench , and
tinction between treasons and felonies is from the Queen's Bench to the Court of
uearly obsolete, most ( if not all ) treasons Appeal . But, semble, in a case of misde
being now prosecutable as felonies ; and meanor (as distinguished from felony) the
the distinction between felovies and mis previous fiat of the Attorney -General is
demeanors is partly obsolete, and is requisite, and it is in his discretion to
threatened with extinction under the grant or refuse his fiat (Reg. v. Newton, 4
Criminal Law Codification Bill, 1880. El, & Bl. 869).
CROGATE'S CASE : See title DE INJURIA , CROSS EXAMINATION : See title Exa
REPLICATION . MINATION OF WITNESSES.
CROSS ACTION . Where A. having CROSS REMAINDER : See title RE
brought an action against B. , B. brings MAINDER, Cross.
an action against A. upon the same subject CROSSED CHEQUES : See title CHEQUES.
matter, or arising out of the same transac
tion, this second action is called a cro88 CROWN COURT. Is the Court in which
action . And this double action used some- the Crown or criminal business of the
times to be necessary to insure justice to assizes is transacted .
both parties ; as in the case of a contract See titles Civil SIDE ; PLEA SIDE.
in which neither of the contractors was
subjected to any condition precedent to his CROWN DEBTS. These are debts due
right to enforce performance by the other to the Crown, usually from persons who
are or were accountants to the Crown, but
of his part, but the promises on each side
were independent of what was to be done also on record, bond, or specialty, generally
upon the other. In such a case the non to the Crown. The liability of lands to
Crown debts attached to the lands even in
performance of the plaintiff's promises the hands of bonâ fide purchasers for value
would be no defence to an action for the
non -performance of the defendant's, whose without notice, and notwithstanding the
sole remedy, therefore, against the plain- purchaser had no means of notice. But
tiff was by a cross action ( 6 T. R. 570 ; latterly, by the stats. 2 & 3 Vict. c. 11 ,
9 B. & C. 259 ) . However, a cross action is 8. 8, and 22 & 23 Vict . c . 35, 22, it was
rendered unnecessary in all cases, and the enacted , that lands should not be charged
party may now by means of a counterclaim in the hands of purchasers with Crown
obtain all the benefit which formerly arose debts unless or until such debts were duly
from a cross action . registered and re-registered , whether or not
See title COUNTERCLAIM . the purchaser had notice thereof. And now ,
by the stat. 28 & 29 Vict. c. 104, s. 4, a
CROSS BILL. A suit in Equity used to writ of execution in respect of the debt
be commenced by the plaintiff filing his must also have been issued and registered,
bill , wherein were stated all circumstances in order to aff ct a purchaser, in addition
which gave rise to the complaint; the to the registration and re -registration of
defendant's mode of defence was then usu the debt itself under the former Acts,
ally by answer, wherein he controverted
the facts stated in the bill , or some of them ,
whether or not the purchaser have notice
of the debt.
&c. But when he was unable to make a In the administration of the estates of
complete defence to the plaintiff's bill deceased persons, Crown debts havepriority
without disclosing some facts which rested over all other debts ; and in the case of an
in the knowledge of the plaintiff himself, administration in bankruptcy, Crown debts
he then filed what was called a cross bill, have the like priority, the Bankruptcy Act,
which differed in no respect from the plain- | 1869, or the Judicature Acts, 1873-75,
tiff's original bill, excepting that the occa not affecting Crown debts with that
sion which gave rise to it proceeded from equality of payment which it has intro
matter already in litigation. A cross bill duced in the case of all other debts ( Ec
was in many cases necessary in aid of a parte Postmaster -Generul, In re Bonham ,
defence, which could not properly be raised 10 Ch. Div. 595 ; Attorney -General v . Con
by answer mer ly, as in cases of alleged stable, 4 Exch . Div. 152).
fraud . However, under the Judicature
Acta, 1873-75, no defendant need now file CROWN LANDS : See title Civil List,
SETTLEMENT OF.
any cross bill or institute any cross action
( unless the Court should direct him to do CROWN LEASES. Are regulated by
so ), but may raise by counter-claim (and the General Management Act, 10 Geo. 4,
in that way obtain all the benefit of) what c . 50, and as regards ininerals by the Crown
would formerly have required a cross bill Lands Acts, 1866 and 1873 (29 & 30 Vict.
or cross action. c. 62 ; 36 & 37 Vict. c. 36,-as regards
See title COUNTERCLAIM . public Crown lands). The Queen is like
CROSS DEMANDS. These arise where any one else as regards her private estates
one man against whom a demand is made (25 & 26 Vict. c. 37).
by another, in his turn makes a demand CROWN OFFICE. An office of the Court
against that other, and of such cross de- of Queen's Bench , the master of which is
mands a set-off is in law the most familiar usually called Clerk of the Crown , and in
instance, a set-off being a statutory right pleading and other law proceedings is
of balancing mutual debts between the styled “ coroner and attorney of our Lady
plaintiff and defendant in an action. the Queen . ” In this oflice, the Attorney
See titles COUNTERCLAIM ; SET-OFF. General and Clerk of the Crown exhibit
CROWN OFFICE - continued . CUILIBET IN SUA ARTE - continued .
informations for crimes and misdemeanours, any art or science should be believed in ,
the former ex officio, the latter commonly is the foundation upon which the evidence
hy order of the Court. And by 4 & 5 W. of experts ( eg , in handwriting) is ad
& M. c. 18, the master of the Crown Office witted by the Courts in evidence .
may file criminal informations, with leave See iitle ExPERTS, EVIDENCE OF.
of the Court, upon the complaint or rela CUILIBET LICET JURI PRO SE INTRO
tion of a private subject ( 1 Arch. Pract. 9). DUCTO RENUNCIARE. Any one may
CROWN PAPER . A paper containing waive or renounce the benefit of a principle
the list of criminal cases which await the or rule of law that exists only for his protec
hearing or decision of the Court, and par tion ; e.g., an ambassailor may waive bis
ticularly of the Court of Queen's Bench ; extra -territoriality or exemption from the
and it then includes all cases arising from jurisdiction of the local courts, a witness
informations quo warranto, criminal infor may waive his privilege, and generally a
inations, criminal cases brought up from party may waive any relief to which he is
inferior Courts by writ of certiorari, and entitled when successful in an action , e.g. ,
cases from the sessions (Bagley's Pr. 559). his right to costs out of the other or de
feated party .
CROWN, POWER OF : See title PRERO
GATIVE . CUJUS EST DARE. Whose is the power
to give ( cujus est dare ), his also is the
CROWN, PRESCRIPTION AGAINST. power to annex qualifications or conditions
Formerly, no time ran against the Crown, to his gift (ejus est disponere ), provided such
upon the maxim Nullum Tempus occurrit conditions or qualifications are good in
regi ; but by stat, 9 Geo. 3, c. 16, the law .
Nullum Tempus principle was abolished, CUJUS EST SOLUM . Whose is the land
and a limit of sixty years introduced , ( cujus est solum ), his is also up to the firma
which is exactly five times the length of ment ( ejus est usque ad coelum ) and down
the prescription that runs against private to the centre of the earth (et usque ad
individuals . By the stats. 23 & 24 Vict. centrum vel inferos).
c. 53, and 24 & 25 Vict. c. 62, the Act of See title MINES AND MINERALS.
9 Geo. 3, c. 16, was extended to the Duke
of Cornwall ; and the stat. 7 & 8 Vict. CULPA : See title Dolts.
c. 106, ss. 71-74, already in part applied to CULPRIT. Besides its popular sense of
him.
a prisoner accused of some crimes, it used
CROWN, SUCCESSION TO : See title formerly to be made use of in the following
SUCCESSION TO CROWN, LAW OF. manner . When a prisoner had pleaded
CRUELTY : See titles ANIMALS ; Di. not guilty, non culpabilis, or nient culpable,
VORCE . which used to be abbreviated upon the
CUCKING-STOOL. An engine of cor minutes thus, “ non (or nient) cul,” the
rection for common scolds ; in the Saxon
clerk of the assize, or clerk of the arraigns,
language it is said to signify the scolding on behalf of the Crown, replied that the
prisoner is guilty, and that he was ready
stool ; it was frequently corrupted into to prove him so. This was done by two
ducking-stool, because the judgment was, monosyllables in the same spirit of abbre
that when the woman was placed therein , viation, “ cul prit,” which signifies, first,
she should be plunged in the water for her that the prisoner was guilty ( cul, culpable ,
punishment. It was also variously called or culpabilis ), and then that the king was
a trebucket, tumbrel, and castigatory ready to prove him so, prit, præsto sum , or
(3 Inst. 219). paratus verificare ; for apparently the
CUI ANTE DIVORTIUM , A writ which Crown assumes (and of necessity ) that the
lay for a woman , wben a widow or when accused is guilty, although the common
divorced, to recover her estate, which her law for his protection assumes that he is
husband, during her coverture ( cui in vita innocent until his guilt is established by
sua , vel cui ante divortium , ipsa contra strict evidence.
dicere non potuit), has aliened (Britton, CUM TESTAMENTO ANNEXO . Where
c. 114, fol." 264). The present remedy a deceased person has made a will , but
would be an ordinary action . without naming any executor, or bas named
CUI IN VITÂ : See title CUI ANTE DI incapable persons ; or where the executors
VORTIUM . appointed refuse to act, or die intestate, in
any of these cases the Court of Probate
CUILIBET IN SUÂ ARTE. The maxim must grant administration cum testamento
cuilibet in suâ arte perito credendum est, annexo (with the will annexed ) to some
meaning that one who is experienced in other person, in the choice of whom the
CUM TESTAMENTO ANNEXO - contd . CURE BY VERDICT, TO — continued .

Court usually prefers the residuary legatee and the verdict given , the Courts overlook
to the next of kin. 1 Wms. Exors. 348 . defects in the statement of a title, which
See title ADMINISTRATION , GRANT OF. would have been available if taken at an
earlier period. This is what is meant by the
CUMULATIVE LEGACY . Legacies are term to cure by verdict ; and the reason of
said to be cumulative as contradistin it is, that the Courts presume that all cir
guished from such as are merely repeated . cumstances necessary in form to complete
Where the testator has twice bequeathed a title imperfectly stated were proved be
a legacy to the same person , it becomes a fore the verdict was given ; which reason
question whether the legatee is entitled to explains the limitation laid down as to the
both , i.e., whether the second legacy shall effect of the verdict, viz., that it cures the
be regarded as a repetition merely of the statement of a title defectively set out, but
prior bequest, or as an additional bounty not of a defective title ; for where the
and cumulative to the other benefit. On plaintiff totally omits to state his title or
this point the intention of the testator is cause of action, it need not be proved at
the general rule of construction , but there the trial, and therefore there is no room
are the particular rules following: for the usual presumption ( 1 Smith, L. C.
( a .) If the two legacies are given in and 614, Rushton v. Aspinal).
by one and the same instrument, then if See title AIDER BY VERDICT.
they are unequal in amount the legatee
takes both , but if they are equal in amount CURIA REGIS : See title Atla Regis.
he takes one only, unless there are express CURIOSA INTERPRETATIO REPRO
words of cumulation .
(6. ) If the two legacies are given in and BANDA. Excessive subtlety, in interpre
by different instruments, then whether tation is to be rejected , as not likely to
they are equal or unequal in amount , the have been in the niind of the legislator.
legatee takes both , unless where the lega CURSITORS. Were officers connected
cies are equal in amount and the same
motive is in each case expressed and is in with the Court of Chancery , of very an
each case the same, or unless there are cient institution, and twenty -four in num
express words excluding cumulation. ber. They used to make out all original
See title SATISFACTION IN EQUITY. writs ; and the business in the several
counties in England in this respect was
CURACY . Under the stat. 1 & 2 Vict. distributed among them by the Lord
c. 106 (the Act for the restriction of plura- Chancellor, by whom they were also ap
lities ). curates are required to be appointed pointed. They were called cursitors, from
by the incumbent in certain cases, and the writs de cursu ; in stat. 18 Edw . 3, c. 5,
upon the incumbent's failing to appoint a they are also called clerks of course . They
curate, the bishop is authorized to do so . have ceased to exist, and their duties are
Generally, non -resident clergymen must now discharged by the Masters and their
appoint one or more curates (s. 75) ; also , clerks in the Common Law Divisions and
in the case of clergymen incapacitated from by the Record and Writ Clerks and the
performing or (upon inquiry) found to be Chief Clerks and their clerks in the Chan
inadequately performing the duties of their cery Division .
benefices , a curato is to be appointed (s.77) ; See title Writs , ISSUE OF..
also , in large bu netices, an assistant curate CURTESY , TENANT BY THE. When a
may be required (s. 78). Many clergy man marries a woman seised of an estate of
men employ curates
also regulates optionally. ThetoAct
the stipend to be paid the inheritance, i.e., of land and tenements in
curate, which is ( in general) according to fee simple, or fee tail, and has by her issue
born alive, which was capable of inheriting
the population. her estate ; in this case he shall, on the
CURATOR . Is the person appointed by death of his wife, hold the lands for his
the laws of some countries to manage or life as tenant by the curtesy of England
supervise the estates of infants, lunatics, ( Litt. 35, 52 ; Ž Bl. 126). In copyhold
and other persons labouring under incapa- lands, the husband's right depends on the
city. His title is recognised in England, custom, but is usually found to exist. This
subject to the limit of comity as in other estate arises also out of the equitable estates
cases . of the wife. And this right is left unaf
See title COMITY . fected by the M. W. P. Act, 1870 ( 33 & 34
CURE OF SOULS : See titles CURACY ;
Vict. c. 93), except to this extent, viz., that
the wife may defeat it by alienation inter
SINECURE. vivos or by her will , in all cases where that
CURE BY VERDICT, TO. After a cause Act applies.
has been sent down to trial, the trial had, See title SEPARATE ESTATE.
CURTILAGE ( curtilagium , from the Fr. CUSTOMS — continued .
cour, court, and Sax . leah, locus). A piece modities ), and were called custuma antiqua
of ground lying near and belonging to a sive magna, the merchant strunger paying
dwelling-house, as a court, yard, or the half as much again as the English mer
like. Cowel. chant, and the merchant stranger being
CUSTODY. Literally means care or liable besides to the custuma parra et
charge. A person given in charge is in nova, or alien's duty (as it was called ).
custody, although hardly in prison . A Prisage was a customs tax on wine im
lunatic is in the custody of the committee ported. Other customs were (1. ) Sub
of his person (see title COMMITTEE OF LU sidies, being additional impositions upon
NATIC). Goods taken under a distress for the three staple commodities exported ;
rent are said to be in custodiâ legis. Like (2. ) Tonnage, being an additional duty on
wise, the Crown is said to have the custody all wines imported ; and (3.) Pouudage,
of the temporalities of a bishopric or arch being an ad valorem duty of twelve pence in
bishopric duriug vacancies in the office . the pound on all other merchandise what
soever . Tonnage and poundage were
CUSTOM Is a law not written, but made perpetual by 9 Anne, c. 6. In the
established by long usage, and the consent year 1788, a Customs Consolidation Act
of our ancestors. Customs are either gene was passed defining the amount of the
ral or particular ; general customs are the customs duties, and the articles on which
universal rule of the whole kingdom , and they were leviable ; and further Acts in
form the Common Law in its stricter and the reign of William IV. And at the pre
more usual signification, e.g., primogeni sent day, the customs duties have been
ture : particular customs are those which further defined and consolidated by the
for the most part affect only the inbabitants stat. 39 & 40 Vict. c. 35 entitled, “ The
of particular districts, such as gavelkind in Customs Tariff Act, 1876 ;" and the laws
Kent, and the like. The Courts are bound relating to these duties has been codified
to take notice of general customs, but parti in the stat. 39 & 40 Vict. c. 36, entitled
cular customs must be both pleaded and “ The Customs Consolidation Act, 1876 ,"
proved before they are judicially noticed . which repeals the previous Consolidation
Moreover, a general custom is always good, Act, 16 & 17 Vict. c. 107, excepting the
but a particular custom , in order to be few sections thereof that are specified in
good must present the following charac Schedule A of the repealing Act.
teristics : See title EXCISE .
( 1.) It must be reasonable ,
( 2. ) It must be certain , CUSTOMS AND SERVICES annexed to
(3. ) It must be compulsory, the tenure of lands are those which the
(4. ) It must be immemorial, and tenants thereof owe unto their lords , and
(5. ) It must be possible in law. which , if withheld , the lord might an
See title CUSTOMARY LAW . ciently have resorted to a writ of customs
and services to compel them ( Cowel). But
CUSTOM OF MERCHANTS. A particu at the present day he would merely pro
lar system of customs used only among one ceed to eject the tenant as upon a for
set of the king's subjects, which, however feiture, or claim damages for the subtrac
different from the general rules of the tion.
Common Law , is yet engrafted into it, and
made part of it, being allowed for the bene CUSTOMS OF LONDON . These are
fit of trade to be of the utmost validity in particular customs relating to the govern
all commercial transactions, it being a ment of the City of London, and also to
maxim of law cuilibet in sua arte creden trade, apprentices, widows, orphans, & c,,
dum est. This lex mercatoria, or custom of within the city . They differ from all other
merchants, comprehends the laws relating customs in point of trial, for if the exist
to bills of exchange, mercantile contracts, ence of the custom is brought in question
sale, purchase ,and barter of goods, freiglit, it is not tried by a jury but by certificate
insurance, & c. The statute law has adopted from the lord mayor and aldermen by the
many of these customs of merchants ; and mouth of their recorder, unless the corpo
it has even been suggested that a large ration is itself interested in the alleged
part of mercantile customs have had their custom , e.g., in an alleged right of taking
origin in forgotten statutes. toll, &c. , in which latter case the law does
See title LEX MERCATORIA. not permit them to certify on their own
behalf.
CUSTOMS. Are the duties payable upon See title ORPHANAGE PART.
merchandise exported and imported.
They were originally on exports only, and CUSTOMS OF MANORS. Besides the
on three commodities only, viz., wool, general customs of manors (the aggregate
skins, and leather ( the three staple com of which customs constitutes in fact the
CUSTOMS OF MANORS — continued . CUSTOMARY LAW - continued .

general law of copyhold lands), there may then is merely the occasion and not the
be also special customs of any particular source of law . But Austin's opinion is
manor or group of manors within a well plainly erroneous. Nam quid interest
defined ambit, and the effect of which utrum suffragio populus voluntatem suam
special customs is sometimes to enlarge the declaret an rebus ipsis et factis ?
rights or privileges of the copyholders, and See titles Custom ; CUSTOM OF MER
sometimes to enlarge the rights of the lord . CHANTS .
Of these special customs, the court rolls CUSTOMARY TENANTS. Tenants who
are the evidence both for and against the hold their estates according to the custom
lord and the copyholders ( Barnes v. Maw of the manor . A copy hold tenant is so
son , 1 M. & S. 81 ; Marquis of Salisbury v. called because he holds his estate by copy of
Gladstone, 6 H. & N. 123). Documentary Court roll at the will of the lord according
evidence frequently displaces the alleged to the custom of the manor ; and although
special customs ( Duke of Portland v. Hill, a distinction has been made between a
L. R. 2 Eq. 766). copyholder and a customary tenant, yet
CUSTOMS OF PARLIAMENT. As every they both agree in substance, and the
court of justice has laws and customs for difference, if any, between them consists
its own guidance and direction, so hath only in this, that a copyhold proper is ex
the High Court of Parliament its own pressly stated in the grant to be at the
proper lex et consuetudo parliamenti, which will of the lord of the manor, whereas a
is part of the unwritten law of the land, customary freehold is not so stated , but the
and as such is only to be collected “ out of samething is implied.
the rolls of Parliament and other records, See titles COPYHOLDS; MANOR .
and by precedents and continued experi- CUSTOS MORUM . Was the Court of
ence (4 Inst. 15. ) Hence it follows, Star Chamber until the dissolution of that
that whatever the Parliament has con Court in the year 1640, after which date
stantly declared to be a privilege, is the the Queen's Bench became the general
sole evidence of its being part of the guardian of the good conduct of subjects,
ancient law of Parliament ; and that no 80 far as their conduct has a public aspect.
new privilege can be created. In 1704, the
Lords communicated a resolution to the CUSTOS ROTULORUM. A special officer
Commons at a conference, “ That neither to whose custody the records or rolls of the
House of Parliament have power, by any sessions are committed ; he is always a
vote or declaration, to create to themselves justice of thequorum , and is usually selected
new privileges, not warranted by the known for his wisdom , countenance, or credit: his
laws and customs of Parliament ;" which nomination is by the king's sigu manual.
was assented to by the Commons ( 14 Com . CUSTOS OF THE SPIRITUALITIES .
Jour. 555).
He who exercises spiritual or ecclesiastical
CUSTOMARY COURT : See title COURT jurisdiction in a diocese during the vacancy
BARON. of the see . Cowel.
CUSTOMARY FREEHOLDS. Are free- CUSTOS OF THE TEMPORALITIES.
holds held of a manor by customary He to whose custody a vacant see or abbey
tenants ; they are distinguished from the was committed by the king as supreme
feudal freeholds, otherwise called ancient lord, and who, as steward of the goods and
freeholds of the manor, which have always
been held by freehold tenants. Under
profits thereof, was to give an account to
the king's escheator, who rendered an
customary freeholds the mines and minerals account thereof into the exchequer. His
usually (if not invariably ) belong to the trust continued till the vacancy was sup
lord of the manor ; but under ancient free plied by a successor, who obtained the
holds to the freehold tenant. king's writ de restitutione temporalium ,
See titles ANCIENT FREEHOLDS ; COPY- which was sometimes after and sometimes
HOLDS ; MANOR. before consecration, though more frequently
after. Cuwel.
CUSTOMARY LAW . In the opinion of
Justinian and Gaius, and in the general CUSTUMA ANTIQUA SIVE MAGNA
opinion of all English lawyers of eminence, ( ancient or great duties ). Duties payable
is law in the positive sense of that word as by every merchant, as well native as fo
fully as statute law, and that before it is reign, on wool, sheepskins, or woolſells,
either recognised or declared and enforced and leather exported ; the foreign mer
by the Courts of Justice ; but according to chant had to pay an additional toll, viz.,
Austin and his school of jurisprudence, half as much again as was paid by the
customary law only exists as law, upon natives.
such recognition or declaration, and until See title Taxation, HISTORY OF.
CUSTUMA PARVA ET NOVA (small DAMAGES --continued .
and new duties). Imposts of threepence with which a contract is broken is per
in the pound, due from merchant strangers fectly immaterial, while the intention with
only, for all commodities as well imported which a tort is committed may fairly be
as exported, and usually called the alien's regarded by the jury in assessing the
duty . These customs were first granted amount of damages; in other words, the
in 31 Edw . 1. 4 Inst. 22. Court is not particularly careful to weigh
See title TAXATION, HISTORY OF. " in golden scales " the damages recover
able in tort.
CY - PRÈS (near thereto). In cases where However, in both cases, the general rule
an attempt is made to create a perpetuity,
i.e. , to limit the estate to several successive is, that damages are and ought to be,
lives in futuro, there is a material differ purely compensatory, and “ exemplary
ence between a deed and aa will ; for in the or “ vindictive ” damages are a mistake
case of a deed all the limitations are in principle, although they are sometimes
totally void ; but in the case of a will , the given in fact. Occasionally, therefore,
Courts do not, if they can possibly avoid only nominal damages will be recovered,
it, construe the devise to be utterly void , ( West v. Houghton, 4 C. P. Div. 197 ). But
but explain the will in such a manner as usually the damages are a substantial
to carry the testator's intention into effect, sum , and that sum is either an ascertained
as far as the rule respecting perpetuities or an unascertained but ascertainable sum ,
will allow , which is called a construction being in the former case called liquidated
and in the latter case unliquidated
cy -près ( 6 Cruise, Dig. 165). For example,
where a life estate is given by will to an damages.
It is usual in bonds and other specialty
unborn person , with remainder in tail to contracts to fix the damages for breach of
the child of such unborn person, the Courts the contract at a liquidated sum . If,
will give the estate tail to the first unborn however, the sum so fixed is a penal sum,
person in lieu of his estate for life, so as to the Courts, both of Law and of Equity, will
leave to the second unborn the chance of
the estate tail in that way descending relieve against the full amount thereof, and
upon him , which it will do if not barred. allow the injured party to recover only
But this application of the cy-près doctrine such an amount as will compensate him .
The Courts carry this relief so far that even
does not apply to personal property, there if the parties to the contract expressly
being no estate tail in such property.
Similarly in the case of gifts to charities, stipulate that the sum fixed as damages
when there is, or grows to be, a surplus shall be regarded as liquidated damages
after answering the purposes of the speci. and not as a penalty, the Courts will, if
fied charity or charities, the Court will they can find any ground for doing so,
hold that the amount so fixed is a penalty
apply the surplus to other charitable pur notwithstanding, and will deal with it
poses, as being cy- près the charitable
intentions of the donor. accordingly (Kemble v. Farren, 6 Bing.
See title CHARITABLE TRUSTS, 111 ).
Where the damages do not even profess
to be liquidated, but are left altogether
uncertain in the contract ( as they neces
D. sarily are in cases of tort), then the
amount is to be ascertained by the jury,
DAMAGE -FEASANT. This means doing or (in some cases) upon a reference either
damage (damnum facio ), and is commonly to the chief clerk or to some referee. But
applied to the beasts of a stranger wander by whomsoever the amount is to be ascer
ing in another man's grounds, and doing tained, there are certain particular rules of
him damage, i.e. , hurt, by treading down law which must be observed, the principal
his grass, eating his growing crops, and of which are the following :
the like, in which case the owner of the ( 1.) In contracts for the sale of goods
land may distrain them until satisfaction (being goods for which there is a mar
is made him for the injury. ket), -
See titles DISTRESS ; LEVANT AND (a. ) If the vendor fails to deliver,
COUCHANT ; POUND ; REPLEVIN. then the amount of damages
is the difference between the
DAMAGES . Are a pecuniary compen contract price and the market
sation recoverable by action for breach of price of the goods at the time
contract or for tort. The measure of da of the breach; and
mages, or test by which the amount of (6.) If the vendee refuses to accept,
damages is to be ascertained, is in general then the amount of damages is
the same both in contract and in tort, with the like difference .
this single distinction, that the intention See title MARKET.
DAMAGES- continued . DAMAGES — continued .

(2.) Upon breach of a contract to replace seisin or right to convey, the
stock, the amount of damages is damages are general, because
the price of the stock on the day that amounts to an eviction
on which it ought to have been ( Child v. Stenning, 11 Ch. Div.
replaced or (at the plaintiff's 82.)
option) its price on the day of The following distinctions are also taken
the trial ; in respect of damages, viz. :
(3.) In an action for the price of goods (1.) Some damages are general and some
which have been delivered and re are special ; and the rule of law with
ceived , but which are of inferior respect to the latter class of damages is
quality to those contracted for, that they must be both pleaded and proved,
( a .) If the full price has been paid , whereas neither of these things is neces
the amount of damages ( to be sary with respect to the former class of
recovered by the purchaser) is damages ; for these as being general are
the difference between the price implied by the law ; and
given and the actual value of (2.) Some damages are direct, and some
the goods as ascertained by re are indirect, remote, or consequential.
selling them ; and Now, the law permits no damages as a
(6. ) If the price has not yet been general rule to be recovered excepting
paid, the amount of damages such as are the natural consequences, and
( to be recovered by the vendor) also the legal consequences, of the breach
is the price agreed on minus of contract or of the tort ( Vicars v. Willcox ,
the difference between that 2 Sm. L. C. 487) ; but under special cir
price and the actual value as cumstances, if those special circumstances
certained as before. have been pointedly, i.e., sufficiently,
( 4. ) In the case of a contract of hiring brought to the knowledge of the offending
and service, where the breach con party, and he has in fact contracted to be
sists in a wrongful dismissal, the liable for same, then other damages of a
amount of damages is the usual remoter or consequential nature which
rate of wages in the particular have arisen from the breach of contract or
employment, multiplied by the from the tort will be recoverable ( Hadley v.
time that will be required for Baxendale, 9 Ex . 341 ; Horn v. Midland
finding new employment of the Ry. Co., L. R. 8 C.P. 131 ; Hydraulic Engi
same character ; and neering Co. v. McHaffie, 4 Q. B. Div. 670) ;
(5. ) In the case of a contract for the sale and it is in respect of this class of damages
of land, where the breach of con when they arise from the commission of a
tract arises from the vendor's fail tort that the Court is inclined to be more
liberal in the amount which it awards.
ing to make a good title, then ,
(a.) If the vendor was unaware at See generally Mayne on Damages, by
the time of contracting of the Lumley Smith , 1872.
defect in his title, the amount See title MARKET .
of damages is the expense in
curred by the vendee in inves. DAMNUM ABSQUE INJURIÂ . This
tigating the title, and nothing phrase denotes the happening ofsome loss
more ( Flureau v. Thornhill, or damage to one person , without any
2 W. BÌ. 1078) ; and even wrong done to him on the part of the per
(1.) If the vendor was aware at that son who has caused the loss or damage.
time of the defect of title, the A familiar instance of this is the case of
amount of damages is the same, a rival schoolmaster who sets up a school
( Buin v. Fothergill, L. R. 7 near to an existing school, and by so doing
H. L. 158, overruling Hopkins draws away by competition merely some or
v. Grazebrook, 6 B. & C. 31, all of the scholars of the latter school .
which had allowed in addition And in the case of one landowner who, by
damages for the loss of the digging a well in his own ground for his
bargain ), own farm , thereby draws off the under
(6. ) In the case of the sale of land ground water which supplied a well pre
with the usual covenants fur viously dug in another person's land , we
title , have another instance of a damnum unac
(n.) If the covenant broken is that companied with an injuria ( Acton v. Blun
for quiet enjoyment merely, dell, 12 M. & W. 324 ; Chasemore v.
then the damages are estimated Richards , 7 H. L. Ca. 349 ). The con
only up to the date of the verse phrase, injuria sine damno, is on the
action commenced ; but other hand, always actionable , upon the
(6.) If the covenant broken is that for ground that every injuria being an inter
DAMNUM ABSQUE INJURIA - contd . DANE -GELT, OR DANE -GELD - contd .
ference with another person's right, neces- Edward the Confessor, but was again im
sarily and in the very nature of it imposed by William I .; it was again released
porteth a damnum ( Ashby v. White, 2 Ld. by Henry I. , and re -imposed in the form of
Raym . 953). Most torts are, however, ship-money by Charles I.
examples of damnum cum injuriâ, and in See title SHIP -HONEY .
that case the damages must be both DANGEROUS GOODS. Under the Car
alleged and proved , being an essential riage and Deposit of Dangerous Goods Act,
constituent in the action .
1866 ( 29 & 30 Vict. c. 69), it is required
DAMNUM INFECTUM . In Roman Law, that all goods of a dangerous character
was damage not yet committed but (petroleum , nitro- glycerine, and the like),
threatened or impending. A preventive delivered to any warehouseman or carrier,
interdict might be obtained to prevent or sent by any railway or ship, shall be
such damage from Jiappening : and it was distinctly marked " dangerous," and also
treated as a quasi-delict, because of the notified as such to the warehouseman or
imminence of the danger. carrier, subject to fine ( £ 500) or imprison
See title Quasi- DELICT. ment (two years ), and subject also to for
feiture of the goods. And by the Petro
DAMNUM INJURIA : See title INJURIA leum Act, 1871 ( 34 & 35 Vict . c. 105 ),
CUM DAMNO .
numerous very special provisions are made
DANBY , IMPEACHMENT OF. The for the carriage of petroleum ( as defined
Earl of Danby, minister of Charles II ., in sect. 3 of the Act ), and for the storage
was cognisant of that sovereign's secret of same; and a search -warrant may be
treaty with France, and for his complicity granted by any Court of summary jurisdic.
therein was impeached . Upon his im- tion upon a sworn information of reason
peachment three questions of a technical able suspicion that petroleum being
legal importance were raised : carried or stored contrary to the Act. The
( 1. ) Whether the Lords, upon a mere Tramways Act, 1870 (33 & 34 Vict. c. 75),
general charge of treason, were able to 8. 53, provides similar (but additional)
commit the accused to prison without regulations for the carriage of dangerous
bail :-Held , that they might. goods by tram . And with regard to the
(2. ) Whether a minister might plead in carriage thereof by ships, the Merchant
bar to an impeachment the fact that the Shipping Act, 1873 ( 36 & 37 Vict. c. 85 ) ,
king had subsequently pardoned the of- enacts a penalty of £ 100 for carrying dan
fence, if any :-Held, that such plea was gerous goods (as defined by sect. 23 ), unless
not so admissible, although the king's the same are marked on the outside, and
pardon after conviction or attainder would notified as such ; and the goods may be
be a good deliverance. This opinion was thrown overboard, or forfeited to the Crown,
only hesitatingly arrived at on the occasion for any violation of the Act. See Kay's
of Lord Danby's impeachment, and was Shipmasters, 278-280.
not finally adopted or declared by the DARNELL'S CASE. In 1627 , wherein it
legislature until 13 Will . 3, c. 2 (Act of was decided that, Darnell and four others
Settlement). having been imprisoned for refusing to
And ( 3. ) Whether an impeachment contribute to a forced loan , and having
abated by a dissulution of Parliament : sued out their writ of hubeas corpus, the
lleld, that an impeachment did not abate king's return to that writ in the form by
upon a prorogation merely, nor yet upon a “ special command of the king ," was a sutti
dissolution. This decision was not, how cient return to preventtheir being enlarged.
ever, final, for the contrary was held in See title HABEAS CORPUS.
1685 ; and it was not till 1717 (in the case
of the Earl of Oxford ), that a prorogation , DARREIN CONTINUANCE : See title
and not until 1791 ( in the case of Warren Puis DARREIN CONTINUANCE.
Hastings) that a dissolution, was fivally DARREIN PRESENTMENT : See title
declared to be no abatement of an ini
peachment in parliament. ASSISE OF DARREIN PRESENTMENT.
DANE-GELT, OR DANE -GELD . Tuis DATE. Of a deed is presumed to be the
means Dane -tribute, and was a tax of 18. date of its execution , until the contrary is
(afterwards 28. ) upon every hide of land proved ; date of a record is conclusive in
throughout the kingdom . It was originally itself upon production of record . In other
cases, the date whenever material must be
imposed by the Danes, and was afterwards
levied for clearing the seas of Danish proved by independent evidence. Taylor
ou Evidence.
pirates ; sometimes it was applied by way
of bribing these pirates to abstain from DAUGHTERS : See title Co -PARCENERS ;
their invasious. The tax was released by SEDICTION .
DAY : See titles MONTH ; TIME ; YEAR. DEATH - continued .

DAYS OF GRACE . Are extra days facie presumption that he is dead ( Row v.
allowed as an indulgence for the payment Hasland, 1 W. Bl. 406) ; but that pre
of money, or generally for doing any other sumption does not in any way fix the time
act. The days are three in the case of of death, of which strict evidence must be
bills of exchange, and on a promissory given by the party who derives any interest
note . There are no such days on a cheque. therefrom ( Doe v. Nepean , 2 Sm. L. C.
510).
DEAD FREIGHT. This is freight pay
able by the charterer of a vessel under his DEATH , ASSIGNMENT ON . Upon the
charterparty, in every event, even though death of any one intestate, all his or her
the cargo has for some cause not been personal property vests in the Judge of the
conveyed as intended. Probate Division until grant of adminis
See title CHARTERPARTY . tration, and afterwards in the adminis
trator, unless indeed the deceased was
DEAD RENT : See title SLEEPING RENT. joint tenant with some one else, in which
DE AESTIMATO . In Roman Law , was latter case the property would survive to
the survivor. The vesting aforesaid is
one of the innominate contracts, and was called an assignment on death , and is a
in effect a sale of land or goods at a price devolution arising by operation of law and
fixed ( a - stimato ), and guaranteed by some not by the act of the party. This assign
third party, who undertook to find a pur ment is subject to all debts, & c. It usu
chaser.
See title INNOMINATE CONTRACTS. ally necessitates an order of revivor, if an
action is pending.
DEAF AND DUMB. Such persons may See title Revivor, ORDER OF .
lawfully intermarry ( Harrod v. Harrod, DEATH - BED GIFTS. Of real estate or
1 Kay & J. 4 ) ; and , if married women , of property savouring of the realty were
may make acknowledgments ( In re Har forbidden by the Mortmain Act (9 Geo. 2,
per, 6 M. & G. 732). But their wills are c. 36), so far as the objects of the gift were
regarded with much suspicion ( In the charitable (see title MORTMAIN Acts). One
Goods of Owston , 2 S. & T. 461 ). If deaf, of the commonest species of death -bed
dumb, and blivd they are idiots, and have gifts is the donatio mortis causa (see title
no capacity, sed quære. Donatio . MORTIS CausÂ). Nuncupative
DEAN. An ecclesiastical dignitary who wills were another species of such gifts ;
presides, or originally presided , over ten but are now obsolete (see title Nuncu
(dekà) canons or prebendaries. He is next PATIVE WILL). All such gifts are looked
in rank to the bishop, and is head of the upon with distrust, even when the law
chapter of a cathedral. He superintends does not set them aside altogether or in
the conduct of public worship in the cathe part. In Scotch Law , a death -bed deed if
dral, but hus no general jurisdiction similar it affect heritage may be set aside ex capite
to that of a rural dean . lecti ; and the expressed object of this law
See title RURAL DEAN. is to protect rich persons from importunity
and to save their heirs from mischief
DEAN AND CHAPTER . A dean and ( Newton v. Newton , L. R. 2 Sc. App. Ca.
chapter is a spiritual corporation , and 13) .
forms the council of the bishop, assisting DEATH, DAMAGES FOR. Even at the
him with advice and management in spi
ritual matters, and also in the temporal Common Law , an action lay in the case of
concerns of the diocese. death caused by negligence, but only in
Deans of the old foundation - e.g., St. respect of the damage (if any) to the pro
Paul's — are elected by the chapters of ca perty of the deceased, and not in respect
thedrals upon a congé d'élire from the of his personal loss. And under Lord
sovereign ; deans of the new foundation Campbell's Act (9 & 10 Vict. c. 93), and
i e., deans created by Henry VIII., e.g., the amending Act (27 & 28 Vict. c. 95),
Canterbury — are appointed by the letters damages for the personal loss strictly so
patent of the sovereiga. Deaneries of the called are given , - tu the family of the
deceased .
former class are thence called elective, those See titles ACTIO PERSONALIS MORITUR
of the latter donative ; but some are pre
sentative, i.e., in the gift of private patrons. CUM PERSONÂ ; CAMPBELL'S ( LORD )
Аст.
DE ASPORTATIS RELIGIOSORUM : See DEATH , PUNISHMENT OF. Was un
title CuckCH AND STATE.
known to the Anglo -Saxon Law , money
DEATH . Where a person has not been compensation (wergild ) having supplied
heard of for seven years, and his absence its place. William II. re -introduced the
is not explainable, the law raises a prima punishment for offences against the Forest
M
DEATH , PUNISHMENT OF - continued . DEBITOR NON PRESUMITUR DENARE
Laws, and Henry I. extended it to ordinary -continued .
crimes. It is now confined to crimes of shall be presumed to give in satisfaction of
the first magnitude, but is rarely exercised his debt, as he should first be just before
excepting in cases of conviction for murder he can be taken to be generous .
upon the clearest evidence. See title SATIEFACTION IN EQUITY .
DE BENE ESSE means literally that it DE BONIS, ADMINISTRATION : See
is well , i.e. , better, to do it than not to do title ADMINISTRATION, GRANT OF.
it, although the doing of it may in the DE BONIS ASPORTATIS : See title
event prove useless. As applied to evi TRESPASS.
dence, it means the taking of that evidence
in the meantime. The Court makes an DEBT. This means a sum of money
order for the examination of witnesses de due by some certain and express agree
bene esse when (being material witnesses) ment, eg , on a bond , bill of exchange, &r ..,
7
they are old and infirm , or in a precarious where the amount is determinate, and for
state of health ; for this order to be made, the non -payment thereof an action of debt
an action must have been already com- will lie.
menced . In lieu of the old bill in Chan- Debts are of var ous kinds, namely :
cery to take this evidence, there would now ( 1. ) Judgment debts (see title JUDGMENT
be a mere summons under Order XXXVII., Debts ) ;
rule 4. (2. ) Specialty debts (see title SpeciaLTY
See titles EVIDENCE ; PERPETUATING Debts ) ; anıl
TESTIMONY OF WITNESSES. (3. ) Simple contract debts (see title SIMPLE
CONTRACT Debts).
DEBENTURE . Is a security issued by Originally debts were not payable out of
a public company, e.g. , railway company, real estatı, but only out of personal estate.
and which may or may not be a mortgage of For it appears that
the lands and stock of the company. It not
mortgages, debentures are not an interest
Anciently there was only one mode by
which lands might become liable for the
in land within the meaning of the Statute debis of the tenant after his decease,
of Frauds (29 Car. 2, c. 3), or within the namely, by the tenant giving a bond
Mortmain Act (9 Geo. 2, c. 36) ; but other specially binding his heir as well as him
wise if they are mortgages ( Toppin v. self. This of course he could not do until
Lomas, 16 C. B. 159). Debentures are usu the power of alienation by deed inter vivos,
ally in the form of a promissory note, sub 80 as to defeat the heirs, became established
ject to certain strict regulations as to the (see title ALIENATION) ; but the power to
mode of transfer, and usually have cou execute a bond of that sort is expressly
pons attached to them to facilitate the recognised in Britton, who wrote in the
payment of interest. The interest on these reign of Edward I. But this specialty
coupons, although payable half-yearly, debt, as it was called, was only available
accrues due de die in diem, and is appor against such part of the debtor's land as
tionable like ordinary interest (In re descended to his heir ; and the word
Rogers, 1 Dr. & Sm. 338). “ heirs " did not include for this purpose
See title SHARES.
the word " devisee " until the Statuto of
DEBENTURE STOCK is a species of Fraudulent Devises (6 & 7 Will. 3, c. 14 )
funded debt contracted by a public com was passed, so that, until the last-mentioned
pany under the authority of the Com- statute the obligor, after binding his heirs,
panies Clauses Act, 1863 (26 & 27 Vict. might, by devising the lands away from
c. 118), ss. 22-35, and intended to be ap- his heirs, have defeated the obligee of his
plied discharge of the mortgages or remedy. During the life of the debtor, the
bonds in
of the company. It carries interest lands were not liable at all, unless in virtue
at 4 per cent., and both principal and in- of judicial proceedings taken against the
terest are a charge upon the undertaking tenant, the debtor. It was necessary to
of the company, and are prior to all enter up judgment against the debtor for
sbares or stock of the company. They the amount of the debt ; and the creditor
are personal estate. They do not entitle becoming a judgment creditor was enabled
the holders to vote, or even to be present by the stat. 13 Edw . 1. ( Statute of West
at any meeting of the company. To the minster the Second ), c. 18, to obtain an
extent of the money raised by the issue of elegit, whereby he might take one moiety
debenture stuck the borrowing powers of of the lands of the dehtor, and so fur
the company are extinguished. satisfy himself his debt thereout.
After the right of testamentary aliena
DEBITOR NON PRESUMITUR DONARE . tion became established, it was competent
A debtor who gives property to his creditor to a debtor to charge his lands with the
DEBT - continued . DEBTORS ACTS, 1869 and 1878 - con

payment of his debts ; and in the Court of tinued .
Chancery such a charge was construed to regards orders on the third and fourth of
extend to debts arising out of simple con the above specified grounds.
tract, as well as by specialty, so that, in See titles ABSCONDING DEBTOR ; Im
case of such a charge, all debts were pay PRISONMENT FOR DEBT.
able out of the land rateably according to DECEIT. A writ of deceit used formerly
their respective amounts . to lie, and now an action on the case in the
And the present liability of lands to the nature of a writ of deceit lies, where the
payment of debts is as follows: plaintiff has received injury or damage
( 1. ) During the lifetime of thedebtor, through the deceit of the defendant or of
Upon entering up judgment, and duly re his agent, where the defendant was privy
gistering same, execution may be sued out thereto.
and registered, and under that execution See titles CorCEALMENT ; FRAUD ;
lands, whether freehold , copyhold, or lease MISREPRESENTATION ; WARRANTY ,
hold, and whether legal or equitable, may BREACH OF.
be taken possession of and sold in satis
faction of the debt. DECENNARY . A tithing or civil divi
(2. ) After the decease of the debtor, sion of the country composed of ten free
holders with their families. The in
By the stat. 3 & 4 Will. 4, c. 104, it is
enacted that the lands of a deceased person , stitution was introdu it is believed , by
even although not charged with debts, the earliest Saxon settlers in England, and
shall be assets in Equity for payment of some say by Alfred . The members of a
all his just debts, as well owing by simple tithing were mutually responsible for each
contract as by specialty . other's good behaviour (ree title FRANK
See titles ADMINISTRATION OF ASSETS ; PLEDGE ). Ten decennories formed a hundred
CROWN DEBTS ; JUDGMENT DEBTS, (see title HUNDRED).
& c. DECENNIERS. Persons having the over
sight of ten free burghs (Holthouse ), or pos
DEBTORS ACTS, 1869 and 1878. Under sibly only of ten free households (Tomlins),
the Debtors Act, 1869, imprisonment for for the conservation of the king's peace
debt was abolished , and in the case of therein, with power to try causes and give
fraudulent debtors provision was made for redress by judgment, and for these purposes
their prosecution , and upon conviction their to administer oaths.
imprisonment. The Act of 1869 never DECISORY OATH : See titles OATHS ;
theless preserved the liability to imprison SUPPLETORY OATH ; WAGER OF LAW.
ment (without conviction ) in the following
six cases, viz. : - DECLARATION . At Law was a plearling
(1.) Default in payment of a penalty which corresponded to the b: ll of complaint
(not being a penal sum in any in Equity. It contained a succinct state
contract ); ment of the plaintiff's case , and generally
(2.) Default in payment of any sum cumprised the following parts :
recoverable summarily before a ( 1.) Title In the Queen's Bench ,
justice ; and date } the 10th July, 1874 ;
(2. ) Venue , - Middlesex, to wit ;
(3. ) Default by trustee in paying any
sum ordered by a Court of Equity (3.) Commencement,-A. B. by C. D.,
to be paid ; his attorney ( or in person ], sues
(4.) Default by solicitor in paying costs E. F. for .
ordered to be paid by him per (4.) Body of declaration , consisting of
sonally for misconduct as a soli the following parts ( which , low
citor, or in paying any sum of ever, were not all necessary in
money ordered to be paid by him every form of action) viz. :
as an officer of the Court ; (a.) Inducement, -being introductory
(5.) Default in paying instalment of merely, and rarely requiring
salary ordered by Court of Bunk being
ruptcy to be paid; and (6.) " usually the
(6.) Default in paying any sum of money allegation of the performance
( say, not exceeding £50, due on of all precedentconditions, & c. ,
judgment or order , the juilgment on the plaintiff's part ; and
debtor being shewn to have had (c.) Counts, -containing a statement
the means of payment) in respect of defendant's breach of contract
of the payment of which the Act or other injury ;
authorizes orders to be made . (5.) Conclusion . " And the plaintiff
The Debtors Act, 1878 (41 & 42 Vict. claims £
c. 54 ), gives the Court a discretion as The time for the plaintiff to declare was
M 2
DECLARATION- continued . DECLARATIONS, STATUTORY - contd .
immediately after the defendant had ap taking of an oath would have no binding
peared ; if the plaintiff did not declare etfi ct on the witness's conscience, and the
within one year after the writ of summons
witness must either himself objert or have
was returnable, he was deemed out of Court. bi en objected to as incompetent to take an
But the defendant might at the end of the oath ,
term next after his appearance give the (2. ) In matters other than actions (civil
plaintiff four days' notice to declare, and or criminal ), e.g , in supporting the title
thereafter, upon default of the plaintiff's to lands, e.g., a declaration affirming the
declaring within the time limited for that identity of parties or of parcels and such
purpose ,might sign judgment of non pros like (5 & 6 Will . 4, c. 62, s. 18).
against him ( See Bull. & L. PL. 1). In
lieu of a declaration , the plaintiff' now DECLARATORY ACT. This is an Act
prepares a statement of claim , as well in which , by profession at least, declares no
a Common Law as in a Chancery action. new law, but only the formerly existing
See title STATEMENT OF CLAIM. law, removing certain doubts which have
DECLARATIONS OF DECEASED PER arisen on the subject; e.g., the Statute of
Treasons, 25 Edw. 3, stat. 5, c . 2, pro
SONS. Are receivable in evidence,- . fesses to create no new treasons, but only
(a.) In legal proceedings between third to enumerate the already existing treasons.
persons in the following cases , See titleSTATU TES.
( 1.) If they are against the interest of DECREE . This is the judgment of a
the declarant (Higham v. Ridg
way, 10 East, 109) —extending Court of Equity, and is to most intents
even to collateral matters ; and purposes the same as a judgment of a
(2.) If they are made in the regular Court of Common Law. A decree as dis
course of business ( Price v. Earl tinguished from an order is final, and is
of Torrington , 1 Salk . 285 ), made at the hearing of the cause , whereas
not extending to collateral an order is interlocutory, and is made on
matters . motion or petition ; wherever an order may,
(6. ) In legal proceedings against the in a certain event resulting from the
party declarant, -in all cases direction contained in the order, lead to
where it appears to tell against the termination of the suit in like manner
him . But when the deceased is as a decree made at the bearing, it is called
suspected of charging himself a decretal order.
with a less liability in order to DECREE NISI. All decrees for divorce
escape a greater, the declaration or nullity of marriage are nisi in the first
would only be taken as far as it instance, and after six months are made
went, and other evidence would absolute if cause to the contrary be not
be adduceable. sooner shewn .
Such dec arations may be either written
or oral. DECRETAL ORDER : See title DECREE .
DECLARATIONS, DYING . Are receiv DECRETALS. These are the papal

able in evidence, although not made on decrees of various popes as the same were
0 :1th, in the case only of homicide, and collated in five books by Pope Gregory IX.,
never in any civil proceeding ( Stobart v. whence also they are called Decretalia
Dryden, 1 M. & W. 615), unless, semble, Gregorii Noni, about the year 1230. A
66
they would be admissible as declarations sixth book (called Sextus Decretalium ) was
of deceased persons" against interest. added by Pope Boniface VIII. about the
year 1298 .
DECLARATIONS, STATUTORY. Have See title Canon Law.
been substituted for oaths in certain cases,
DECRETUM . Was a constitutio of the
e.g., the following :
( 1.) In the case of persons call d upon emperor, enacted by him(according to the
to give evidence in an action and con theory of the Roman Law ) as supreme
scientiously objecting to be sworn , e.g., judge, after argument of the case brought
Quakers, Moravians, Separatists, &c. (3 & before him by way of appeal from the
4 Will . 4, cc. 49, 82 : 1 & 2 Vict. c. 77 ) : inferior magistrates and Courts .
and generally all people in civil actions See title CONSTITUTIONES.
( 17 & 18 Vict. c. 125, s. 20), and in criminal DE CURSU , PROCEEDINGS. Are the
prosecutions ( 24 & 25 Vict. c. 66). And formal proceedings in an action , as opposed
the law in alì such cases is now regulated to those incidental proceedings that may
by the stat. 32 & 33 Vict. c. 68, s. 4 ; but be taken therein on summons, petition, or
before substituting the statutory declara motion, all which latter are called sum
tion, the judge must be satisfied that the mary proceedings.
DEDI. The proper word (give) in a DEED ACKNOWLEDGED — continued .

deed of feoffment, and implying formerly examination there by the judge, or more
a warranty of title, but implying no such usually before two solicitors being respec
warranty at the present day, since 8 & 9. tively authorized by the Lord Chancellor
Vict.c . 106 . to take such acknowledgments. The deed
DEDIMUS POTESTATEM . A writ is not complete until it is acknowledged.
issuing out of Chancery empowering certain By Malin's Act (20 & 21 Vict. c, 57), this
persons therein named to perform certain deed was extended to include pure per
acts. fonal property to which the married
DEDIMUS POTESTATEM DE AT woman is entitled in reversion under any
TORNATO FACIENDO. At Common Law instrument (not being her own marriage
the parties in an action were obliged to settlement) duted after the 31st December,
1857.
appear in Court in person, unless allowed
by a special warrant from the Crown See titles ConveYANCES ; FINE ; MAR
RIED WOMEN ; REVERSIONARY IN
(bearing the above title) to appoint an TEREST .
attorney ; or unless after appearance they
had appointed a deputy, called a respon- DEED ENROLLED . Some deeds require
salis, to act for them, and which the Court to be enrolled before they are complete.
allowed them to do in some instances. Thus, a disentuiling deed must be enrolled
But now a general liberty is given to in the Court of Chancery within six
parties in an action to appear by attorney months after its execution, unless it be of
( F. N. B. 25 ; 1 Arch. Pract. 84 ). copyhold lands, when it is merely entered
DEDITICIUS. In Roman Law, was a on the Court rolls of the manor (3 & 4
freedman who, prior to his liberation , had Will. 4, c. 74 ). Again, a deed of bargain
been punished with some infamous punish- and sale in fee simple, or for any otber
ment for some offence committed by him. estate of freehold , must be enrolled within
He was incapable of ever bettering his six months after execution in one of the
condition ; and he could not stay within Courts at Westminster (27 Hen. 8, c. 16).
100 miles of Rome. A deed of gift of lands to, or purchase of
See title LIBERTINUS. lands by, a charity must be enrolled
within six months after date in the Court
DE DONIS. This is the name of a cele of Chancery (9 Geo . 2, c . 36). Prior to
brated statute ( 13 Edw. I., or Statute of 18 & 19 Vict. c. 15, a deed granting
Westminster the Second, c . 1 ), in virtue of annuities charged on land required to be
which an estate in freehold lands, which
enrolled in the Court of Chancery within
was formerly known as a donum conditionale thirty days after date under the Annuity
( whence the name of the statute), was con Act ( 53 Geo. 3, c. 151 ) ; but now such a
verted into an estite tail, and required to deed is merely registered in the Court of
descendaccording to theformedon ( formam Common Pleas.
doni ), so as to be inalienable as well against See titles CONVEYANCES ; FINES ; Re
the lord in prejudice of his reversion as COVERY .
against the issue in prejudice of their
succession. A donum conditionale, on the DEED STAMP Is now 10s. under
other band, was alienable, immediately Stamp Act, 1870, in lieu of 358., its previ
upon the birth of issue, that being con- ous amount.
strued as the condition of the gift (whence See title STAMPS.
the name) ; the condition being discharged,
the estate, of course , became absolute. DEEDS. These are of two kinds, being
See title ESTATE TAIL . either deeds-poll or indentures.
( 1.) A deed - poll was a bald or shorn
DEDUCTIO. In Roman Law , was & deed, and was made by one person only,
species of compensatio, but instead of beginning with the words, “Know all men ,"
being of money against money, or of debt & c. Under such a deed, any person may
against debt, it might be of articles of a accept a grant.
different nature, e.g., wool against wheat, ( 2.) An indenture was an indented deed,
or wheat against money, and so forth . and was made between two or more parties,
See title COMPENSATIO . beginning with the words, “ This inden
DEED ACKNOWLEDGED . Is the con- ture,” & c., and stating the parties at the
veyance applicable to the case of married outset. Formerly no person who was not
women disposing of their estates, not being a party could take any immediate estate,
separate estate and not being powers. interest, or benefit under such a deed ; but
When fines were abolished, this species of now, by the 8 & 9 Vict. c . 106, such an
deed was introduced in their place (3 & 4 estate , interest, or benefit may now be
Will 4, c. 74) ; the married woman ac . taken under it by a person not a party
knowledges the deed either in Court upon to it.
DEEDS — continued . DEFAULT, JUDGMENT BY-continued.
A deed may be made either on paper or which judgment may be given for default
on parchiment. of appearance to writ .
See title TRIAL, APPEARANCE AT.
DEER . Deer in a park when reclaimed
become personal chattels, and cease to be DEFEASANCE : See title ConveYANCES,
parcel of the inheritance ( Forde v . Tynte, sub-tiile DEFEASANCE .
2 J. & H. 150 ; Morgan v. Abergavenny
( Earl), 8 C. B. 769). DEFENCE ACTS . Are the stats. 5 & 6
By the stat. 24 & 25 Vict. c. 96, it is Vict . c. 94 : 23 & 24 Vict. c. 112 ; and
made a criminal offence to wilfully course , 30 & 37 Vict. c. 72, under which certain
hunt, snare, or carry away, or kill, or lands have been and are vested in the
wound deer in an uninclosed forest, the Secretary of State for War upon trust for
penalty for a first conviction being not the Crown and for the better defence of
above £50, and for a secoud or otber sub- the realm ; and so long as these are used
sequent offence being imprisonment not for any reasonable bonâ fide military pur
exceeding two years, with or without hard pose, such user cannot, semble, be con
labour ( s. 12). Doing the like to deer in trolled by the High Court, even although
inclosed ground is punishable even for a it may produce grave private injury to the
first offence with the like imprisonnent owners of property adjoining such lauds
(s. 13 ). Setting engines for taking or ( Hawley v. Steele, 6 Ch. Div . 521 ).
killing deer, whether in an uninclosed or See title Hill v. BIGGE, CASE OF.
in an inclosed place is punishable with a DEFENCE, STATEMENT OF : See title
fine not exceeding £20. STATEMENT OF DEFENCE.
DE FACTO. A king de facto is one DEFENDANT : See title PARTIES.
actnally reigning, as opposed to one de DEFORCEMENT. This is the holding
jure merely, who, although having the law
ful succession, has either been ousted from , of any lands or tenements wrongfully as
or never actually taken, the possession of agaivst any person who has the right
the sovereigoty . The constitutional stat. thereto but who has not as yet at any time
11 Hen . 7 , c . I , enacts that obedience been in the possession thereof ; e.g., where
to the king for the time being de facto a lessee for years or pur autre vie holds
over after the determination of his interest
shall be a protection to the subject against and refuses to deliver up the possession to
all forfeitures under any succeeding sve the reversioner or remainderman . But
reign claiming adversely. when such a tenant holds over without
See title ALLEGIANCE .
any such refusal to deliver up, he is not a
DEFAMATION : See title LIBEL. deforciant, but only a tenant by sufferance.
The deforciant must have come in by right
DEFAULT, JUDGMENT BY. This judg. in the first instance ; for if the person
ment may be either for default of appear wrongfully holding came in by wrong in
ance to the writ of summons or for default
of pleading, or even (although less pro- the first instance, he is not a deforciant,
but either,
perly ) for default of appearance at the ( 1. ) An intruder (see title INTRƯSION ) ;
trial of the action . For default of appear ( 2. ) A disseisor ( see title DISSEISIN ); or
ance to writ, judgment is not usual in the (3. ) An abator (see title ABATEMENT).
Chancery Division, but in the Common Deforcement in respect that the defor
Law Divisions it is far from unusual, and in
ciant comes in by right in the first instance
all the divisions it may be obtained in the is like discontinuance.
following cases - In actions for the reco See title DISCONTINUANCE .
very of land (Order xii., 7 ) with or with
outmesne profits and damages ; in actions DEGRADATION . This phrase was ap
for the detention of specific chattels plied : ( 1. ) To the case of a peer deprived
(Order xw ., 6 ) ; in actions for damages of his nobility, eg ., the case of the Duke of
generally (Order xiii. , 6 ) ; and in actions Bedford , of Edward IV.'s reign , who was
of debt or liquidated damages, whether deprived by that sovereign on account of
writ is specially indorsed (Order XI ., 3) his poverty. And at the present day , a
or not (Order XIII., 5). For default of peer who becomes a bankrupt ceases for
pleading, judgment may be obtained , - the time being to be capable of sitting in
(1.) dismissing action when plaintiff is the House of Lords (Bankruptcy Disqua
bound to deliver and fails to deliver a lification Act, 1871). ( 2.) To the case of
statement of claim (Order xxix. , 1 ) ; (2. ) an ecclesiastic who is divested of his holy
allowing action against defendant in de- orders : degradation is a greater punish
fault of his delivering statement of defence ment than deposition or deprivation, being
(Order xxix ., 10 ); and particularly in all not merely the displacing one from his
the varieties of action above specified in office (which deposition or deprivation also
DEGRADATION - continued . DELECTUS PERSONE - continued .

is) but also the divesting him of all his nated or put forward by one of the part
badges of bonour, privileges , & c. ( which ners .
deposition or deprivation is not). See title PARTNERSHIP .
See titles DEPOSITION OF CLERGYMEN ; DELEGATUS NON POTEST DELEGARE.
DEPRIVATION .
An attorney cannot appoint a substitute;
DE HAERETICO COMBURENDO : See aliter, an agent cannot appoint a sub -agent,
title CHURCH AND STATE, - scil. in discharge of hi own responsi
bility. But the original power of attorney
DE INJURIÂ, REPLICATION. This was may of course (and usually does) authorize
a form of taking issue, but which has been the appointment of a substitute .
superseded by the C. L. P. Act, 1852, s. 79. See title ATTORNEY, POWER OF.
The exact nature of the form may be col
lected from Crogate's Case (8 Rep. 66), and DELICTO, ACTIONS EX . These are
appears to have been in substance the actions arising from a tort, or wrong inde
following ;-It was a general replication pendent of contract, C. L. P. Act, 1852 .
putting in issue all the material averments The wrong must not amount to a orime,
in the plea. Properly, therefore, it was to otherwise it is no tort in English Law.
be replied to a plea of the defendant where, The division of obligations in Roman Law
and only where, that plea consisted of is the following :
matte of excuse, as that the plaintiff, e.g., Obligationcs .
in an action of trespass for driving the
plaintiff's cattle, was himself in fault in
(1.) Ex contractu. ( 2.) Ex delicto . (3.) Ex variis
the first instance in so doing ; to which Causarum
plea it is of course proper for the plaintiff figuris.
to reply that the defendant's act was of his
( the defendant's) own proper wrung (de
Quasi ex Quasi ex
injuriâ suâ propria ), and without any such contractu. delicto .
ground of excuse as the defendant alleged
(absque tali causâ ). But where, as in The same division is substantially adopted
Crogate's Case, the defendant justified in English Law ; and the C. L. P. Act,
under the command of his master, the re 1852, 6. 74, provides that in the case of
plication de injuriâ was held inapplicable, actions which are founded upon obligations
not being accompanied with a traverse of which are doubtfully ex contractu and
the command . doubtfully ex delicto , the defendant may
See titles New ASSIGNMENT ; REPLI treat the declaration as framed in either
CATION . he pleases, and may plead accordingly.
DELAY : See title DEMURRAGE. Also, in general, wherever there is a con
tract, and some breach growing thereout,
DELAY DEFEATS EQUITIES. Is a the pluintiff may sue in tort or for breach
maxim of equity, which is commonly ex of contract at his option ( Brown v. Boorman ,
pressed in the Latin phrase, Vigilantibus 11 Cl. & Fin. 44 ).
non dormientibus æquitas subvenit ; it is DELIVERY The traditio of Roman
by virtue of this maxim that laches is so Law, and aa natural mode of the acquisition
often fatal to equitable claims. of corporeal property whether real or per
See title LACHES. sonal. Where the property passes other
DEL CREDERE. In mercantile transac wise or without delivery, as in some cases
tions, if a factor or agent agrees with his of sale, there the delivery of the thing
principal, in consideration of some addi merely confers the possession according to
tional compensation, to guarantee to the the title.
latter the debt to become due from the DELIVERY ORDER : See title DOCK
buyer, the excess of this compensation WARRANTS.
over the ordinary compensation is that DELIVERY OF PLEADINGS : See title
which distinguishes a del credere commis . PLEADINGS.
sion froin an ordinary one. Of course the
del credere commission agent is liable on DELIVERY, WRIT OF. Is a writ of
his guarantee in case of the purchaser's execution which issues to enforce any judg
default to pay the price. ment or order for the recovery of any spe
See title PRINCIPAL AND AGENT. cific chattel or “ property other than land
or money ” ( Order XLII., 4 ). It issues and
DELECTUS PERSONÆ . Is the right of is enforced in the manner in which it used
a firm of partners to prevent the admission (prior to the Judicature Acts, 1873-75 ) to
of any third person into the firm against issue and be enforced in an action of deti
the wish of the partners, although nomi nue at Common Law (Order xlix. ), that is
DELIVERY, WRIT OF - continued . DEMISE. A word used in leases for

to say, it issues only by leave of the Court terms of years, and being synonymous with
(C. L. P. Act, 1854, s. 78 ), and directs the Jease, or let, from which it differs only in
sheriff to deliver the specific property if it this respect, namely, that demise ex vi ter
can be found, and ( if it cannot be found ) mini implies a covenant for title, and also
then to distrain all the lands and chut a covenant for quiet enjoyment, whereas
tels of the defendant until he do render up lease, or let, implies neither of these cove
the specific property, or until the assessed nants . Where there are mutual leases of
value of such specific property is obtained, the same land, or of something out of the
the cost of the action and execution being same land , male from one party to another
levied on the same as on some subsequent on each side, it is said to be a conveyance
execution ( 1 Chitty's Pract. 12th edit ., pp. by Demise and Re- Demise, e.g., where A.
710-713). grants a lease to B, at a nominal rent and
See title POSSESSION, WRIT OF. B. re-demises the same property to A. for
a shorter term at a substantial rent.
DEMAND. Should usually precede the The word “ demise ” is also frequently
commencement of an action, and is a neces used as a euphemism for decease or death ,
sary preliminary to commencing an action e.g., the demise of the king, more properly,
of trover. On the other hand , in money of the Crown, which means, speaking
claims demandable at a certain day, and on strictly, that in consequence of the king's
promissory notes payable on demand, no natural body having by reason of the death
express demand need be made, upon the thereof become disunited from his politic
principle Dies interpellat pro homine. body, the kingdom is transferred or demised
to his successor, for the king,'as a corpora
DEMANDANT : See title RECOVERY. tion sole, never dies. The word demise
DEMESNE LANDS. These were such should not be confounded with the word
devise.
parts of the lands of a manor as the lord DEMISE AND RE -DEMISE ; See title
kept to himself as being necessary for his DEMISE .
own use . Ancient demesne lands are those
which were so kept by the king as lord in DEMISE OF CROWN : See title DEMISE .
the reigns of Edward the Confessor and DEMONSTRATIO : See title FORMUIÆ .
William I., being the lands referred to in DEMONSTRATIO FALSA NON NOCET :
Domesday Book as Terræ Regis, or Terræ See title Falsa DEMONSTRATIO NON NOCET.
Regis Edwardi.
Of such lands, one part was retained by DEMONSTRATIVE LEGACIES : See title
the lord in his actual occupation for the LEGACIES.
purposes of bis family ; a second part was DEMURRAGE. This term is occasion
held in villenage, and out of it the tenures
of Copyhold, Customary Freehold, and ally used to signify the delay or period of
Ancient Demesne have arisen ; and the delay of a vessel in port (from the Latin
demorari) ; but in law , it is more commonly
remaining part was left uncultivated, and used to denote the sum which is fixed by
was called the waste lands of the manor,
the contract of carriage as a remuneration
serving for public roads and for common to the shipowner for the detention of his
of pasture to the lord and his tenants.
See titles ANCIENT DEMESNE ; COPY ship beyond the number of days allowed
HOLDS ; WASTE. for loading or unloading. It is usual to
calculate this sum at so much per day, and
DE MINIMIS NON CURAT LEX . Is a also to specify in the contract the allowed
maxim of Law and also of Equity, intended days of demurrage ; in which case, if the
to protect the Court from invasions of its ship isdelayed beyond the agreed demur
dignity, and the litigants from invasions rage, the freighter becomes liable to pay
upon one another. Literally it means damages for the excess, which damages are
“ concerning trifles, the law does not usually estimated at the demurrage rate
trouble;” and five pounds as the outside per day.
amount coming to a plaintiff if successful If the ship after sailing puts back owing
in his action would be a trifle within the to contrary winds, and is detained in port
meaning of the maxim , unless of course the by frost or bad weather, no demurrage is
action were brought to try a right of pro payable for that unavoidable delay ; and
perty, or were representative of other (and when the ship is to be unloaded in the
larger) claims. But the maxim has little usual and customary time, no demurrage
(if any) application to the inferior Courts, is payable for a detention caused merely
the very object for wbich these Courts bythe crowded state of the docks ( Jamie
were established having been and being to son v. Laurie, 6 Bro. P. C. 474 ; Burmester
administer justice in matters of small v. Hodgson, 2 Camp. 488 ). Where, how
amount. ever, the parties enter into a positive con
DEMURRAGE - continued . DEMURRER — continued .

tract, that the goods shall be taken out of Before the C. L. P. Act, 1852, a party
the ship within a specified number of days was not at liberty both to plead and to
from her arrival, as such a contract is con- demur to the same pleading ; but by s . 80
strued strictly, demurrage is payable for of that Act, he might by leave do so .
any delay beyond the specified period , In Chancery, whenever the statements
although the shipper is powerless to re- contained in a plaintiff's bill of complaint
move the causes of the delay, provided only (assuming them all to be true as stated)
the shipowner is not to blame. ( Randall v. were insitticient to entitle him to the relief
Lynch, 2 Camp. 352 ; Bessey v. Evans, prayed, the defendant might demur to the
4 Camp. 131). plaintiff's bill, either to the relief (which
The contractto pay demurrage, which is would include the discovery) sought, or to
contained in the charterparty, is inade be- the discovery alone (exclusive of the relief).
tween the shipowner and the shipper, and The most usual grounds of demurrer were
the latter is therefore the person liable to the following :
pay the demurrage; but where, as is usually ( 1. ) Want of equity, whether
the case, the bill of ladiug mentious the (a.) In respect of the subject matter; or
demurrage, a consignee who accepts the (6.) In respect of, the plaintiff per
goods under itmay, and generally does, sonally ; or
become liable for it on a new contract, to (c.) In respect of the defendant per
be implied from his acceptance of the sonally ;
goods under these circumstances; and such (2.) Want of parties ;
implied contract may arise, although the (3.) Multifariousness; and
receiver at the time of receiving the goods (4.) Insufficiency in Law of case made by
states that he will not pay demurrage plaintiff.
( Smith v. Sieveking, 4 E. & B. 945). But The demurrer in Chancery commenced
a mere reference in the bill of lading to the with a formal protestation of the falsehood
terms of the charterparty in which demur- of the statements in plaintiff's bill, and
rage is specified, will not of itself render then demurred to the bill, or to the part of
the consignee receiving the goods liable it which it specified for tbe cause which it
for demurrage (Smith v. Sieveking,supra ). also specified, concluding with a general
allegation of other good causes of demurrer,
DEMURRER. In pleading, is the for- and praying to be dismissed from the suit
mal mode of disputing the sufficiency in with costs, and without being compelled to
law of the pleading ofthe other side. answer the plaintiff's bill.
Before the C. L. P. Act, 1852, demurrers T'welve days after the date of his ap
were either general or special; but by 8s.. 51 pearance to the bill was allowed the defen
of that Act, special demurrers were abo- dant for demurring alone; and twenty -eight
lished . There came, therefore, to be but days if he demurred as to part, and pleaded
one kind of demurrer, namely, the general or answered as to the rest
demurrer,which was admissible under s. 50 Under the present procedure introduced
of the C. L. P. Act, 1852, but only when the by the Judicature Acts, 1873-5, and the
pleading of the opposite party was bad in orders and rules thereunder, the differ
substance ; for if the pleading was bad for ences between Law and Equity as regards
argumentativeness, generality, repugnance, demurrers are abolished ; but some defects
duplicity, or other like reason not also which were formerly grounds of demurrers
amounting to matter of substance, it was to have now ceased to be so, e.g. , want of
be objected to under s. 52 of the C. L. P. parties, multifariousness, &c.; and the de
Act, 1852, by summary application to the fendant (or plaintiff, as the case may be]
Court to strike out or amend. Under s. 89 would now make a summary application in
of the same Act, the form of a demurrer such latter cases for an order to amend the
was this : opposite pleading . The present form of
“ The defendant (or the plaintiff, as demurrer is the following :
the case may be ], by his attorney (or “ The defendant [ plaintiff] demurs to
in person , as the case might be] says the (plaintiff's statement of coonplaint, or
that the declaration (or the plea, &c., as defendant's statement of defence, or of
the case might be] is bad in substance.” set-off, or of counterclaim ], [or to so much
And in the margin of the demurrer book of the plaintiff's statement of complaint as
the matter of law intended to be relied on claims.... , or as alleges as a breach of
was to be stated . The other side might contract the matters mentioned in para
thereupon joinin demurrer in this form : - graph seventeen, or as the cuse may be],
“ The plaintiff ( or the defendant, as the and says that the same is bad in law on
case might be] says that the declaration ( or the ground that [here state a ground of
plea, &c. , as the case might be] is good in demurrer ) and on other grounds , sufficient
substance.” in law to sustain this demurrer. "
DEMURRER - continued . DEODAND - continued .
Either party may demur to any prior any reasonable creature , and which by
substantive pleading of the other party on reason thereof precisely was forfeited to the
the ground that the facts therein alleged king, to be applied to pious or charitable
do not shew any cause of action (claim or uses,-being in Roman Catholic countries,
counter-claim ) to which effect can be given the expiation by masses, and otherwise, of
by the Court against the party demurring the sins of the deceased ; and in Protestant
(Order xxviii. 1 ). The demurrer may be countries, the relief of the deserving poor.
to the whole or to some (specifying what) Where the person killed was an infant
part of the action ; and it must state some under the age of discretion, no deodand
substantial ground for the demurrer ; and arose, there being in his case no sins of
where the demurier is to part only, the commission to expiate. The stat. 9 & 10
demurring party may, without any leare, Vict. c. 62, abolished altogether this species
plead to the other part or parts, combining of forfeiture.
both pleadings in one document (Order DE ODIO ET ATIÂ. A writ so called,
XXVIII. 4 ). He may even demur and plead
at one and the same time (but only by where by a person imprisoned on a charge
leave) to the whole or to one and the same of homicide could obtain a speedy trial, or
part of the action ( Order XXVIII. 4 ) ; and else his release, as upon a writ of Habeas
when he demurs first, he may, after the Corpus : By Magna Charta, chap. 36 , this
demurrer is disposed of, hive liberty to writ was to be given gratis. The literal
plead to the same matter (Order XXXVIII. signification of the writ, viz., “ from hatred
5, 12). and ill-will, " shews that it was aimed
In case a demurrer is allowed, it puts against capricious and tyrannical imprison
ments .
the den urring party wholly out of Court
unless he obtains leave to amend ; on the DEPARTURE . In pleading, where a
other hand, if a demurrer is overruled, the man departs from one line of defence , and
demurring party must plead matter of has recourse to another line of defeuce
substance in his defence or quasi defence. either inconsistent with or pot confirmatory
See titles ANSWER ; PLEA ; PLEADINGS. of his former defence, this is called a de
parture, and the effect of it used to be to
DENIZEN. A denizen is an alien by render the entire pleading demurrable
birth , who has obtained, ex donatione regis, ( Bartlett v. Wells, i B. & S. 836) ; but
letters patent mak ng him an English sub under the present practice, the plaintiff
ject. The king may denizenize but not would probably move to strike out the
naturalize a man, the latter requiring the inconsistency as embarrassing (Order
consent of Parliament, either pro re natâ or XXVII. , 1 ).
under a general Act, such as the Naturali
zition Act, 1870 (33 & 34 Vict. c. 14 ). A DEPENDENT AND INDEPENDENT
denizen holds a middle position between COVENANTS : See title COVENANTS.
an alien and a natural-born or naturalized
DEPORTATIO VEL RELEGATIO : See
subject, being able to take lards by pur title RELEGATIO VEL DEPORTATIO .
chase or devise (which an alien could not
until 1870 do), but not baving been able DEPOSIT : See titles BAILMENT ; CON
to take lands by descent (which a natural- DITIONS OF SALE.
born or naturalized subject might do ). DEPOSIT OF TITLE DEEDS : See title
See titles ALLEGIANCE ; ALIENS ; NATU EQUITABLE MORTGAGE.
RALIZATION .
DENOMINATIO FIT A DIGNIORIBUS. DEPOSITION . This word is used gene

The proper name is the more worthy rally to denote any affidavit on oath, or
(dignior ) of all denominations, and should solemn atfirmation in lieu thereof. But it
be the ruling element in the construction is more commonly used in a more particular
of wills, & c., e.g ,in the ascertainment of sense , as meaning ,-a statement written
the parcels devised. down by an officer of the Court (called an
DE NON APPARENTIBUS. The maxim examiner), embodying the substance of the
answers obtained from the deponent in the
de non apparentibus et non existentibus, course of his examination . It was compe
eadem est ratio means that things not tent for either party to a suit which was
alleged (or at all events not proved in intended to be heard upon motion for
evidence ) are as good as not existing at decree to examine his own unwilling wit
all, and iherefore cannot be entertained . ness in this way, but only upon notice to
See title SECUNDUM ALLEGATA ET
PROBATA. the other side, who then and there might
cross -examine the deponent, the side who
DEODAND. Is any personal chattel that bad called him in that case re-examining
is the immcdiate occasion of the death of him. Also in a suit in which replication
DEPOSITION — continued . DEPRIVATION : See title DEGRIDATION.

had been filed, such depositions might be DERELICT. Anything thrown away or
taken , but in this case ex parte. In either abandoned, with the intention of quitting
case the deposition was to be regarded as the ownership thereof. Goods thrown out
the reluctant affidavit of the deponent. of a vessel to lighten same in time of
Under the present practice, evidence may distress are not derelict, for want of the
be taken by deposition under an order of intention . See Just. Inst. ii . 1, 48.
the Court for that purpo. e, as upon a com DERIVATIVE CONVEYANCES : See
mission, whenever either from illness or title SECONDARY CONVEYANCES.
absence abroad it is convenient and desir
DERIVATIVE EVIDENCE , Is such evi
able to take the evidence in that manner.
The examiner may be either a special es dence as hearsay ; and strictly speaking,
aminer or one of the official examiners or it is not admissible as evidence at all,
referees . excepting in those cases enumerated under
Depositions are also taken before magis the title HEARSAY, in which that evidence
trates for the purposes of a criminal prose would be admissible . But for the purpose
cution ; and in case the deponent should of testing the credit or credibility of wit
die before the trial, or be too ill to attend, nesses derivative evidence may always be
these depositions may be used in evidence, resorted to. Derivative evidence is second
subject to certain restrictions mentioned in band evidence, that is, evideuce transmitted
the stat. 11 & 12 Vict. c. 42. The dying through some channel not itself eviden
deposition of the injured person may also tiary ; and it is, strictly speaking, distin
be taken by any policeman, without the guishable from secondary evidence.
solemnity of an oath , and is admissible in See titles EVIDENCE ; PRIMARY Evi
the subsequent prosecution of the offender DENCE ; SECONDARY EVIDENCE .
(see title DECLARATIONS, Dying). And the DERIVATIVE SETTLEMENT (POOR
sworn deposition of the offender is also LAW ) : See title SETTLEMENT, Poor Law.
admissible.
DEPOSITION OF CLERGYMEN : See DESCENDER , FORMEDON IN . This
title DEGRADATION .
writ used to lie where a tenant in tail ,
having aliened the land otherwise than by
DEPOSITUM . One of the four real fine or common recovery, or having been
contracts specified in Justinian, — and disseised thereof, died, and the heir in tail
having the following characteristics , – ( 1.) claimed to recover the land as against the
The depositary or depositee is not liable person in possession thereof under the
for negligence, however extreme, but only alienation or disseisin .
for fraud (dolus); (2.) The property re DESCENT. Where the title to land
mains in the depositor, the depositary
having only the possession. Precarium vests in any one by mere operation of law,
and Séquestre were two varieties of the such title is said to rest in him by descent.
depositum , presenting, however, material As thus used, the term is distinguished
distinctions. The depositum is the English from purchase, which may be either devise
deposit. or grant.
See titles BAILMENT ; PRECARIUM ; See title DESCENTS.
SÉQL'ESTRE . DESCENTS. Estates descend from an
cestor to heir, as the blood trickles.
DÉPÔT. In French Law , is the depositum The following stages in the growth of
of Roman and the deposit of English Law. the present law of descents may be indi
It is of two kinds, being either (1.) Dépôt cated :
simply so called, and which may be either
voluntary or necessary; and ( 2.) Séquestre, (1.) Fee simple estates were originally
which is a deposit made either under an confined to the issue or lineal
agreement of the parties, and to abide the descendants of the ancestor ;
event of pending litigation regarding it, or (2.) By the reign of Henry II., collateral
by virtue of the direction of the Court or descendants were admitted to the
a judge,pending litigation regarding it. succession upon the failure of
See title DEPOSITUM .
lineals ;
DEPRECIATION : See title ALLOWANCES (3.) By the time of Henry III., primo
geniture, i.e., descent to the eldest
AND DEDUCTIONS. son in exclusion of the others, was
DE PREROGATIVA REGIS. Is the established ;
stat. 17 Edw . 3, c. 11 , whereby the revenue (4.) By the time of Henry III., the doc
and other prerogative rights of the Crown trine of representation was esta
were declared. But the statute was not an blished, whereby the issue of the
exhaustive declaration of these rights. eldest son who was dead stood in
See title PREROGATIVE . his place, to the exclusion of the
DESCENTS — continued . DESCENTS - continued .
other sons ( being the uncles of cestor and her heirs are to be
such issue ) ; preferred to the mother of the
(5.) In the year 1833, the lineal ancestors less remote and her heirs ; and
were as such rendered capable of (6.) In the admission of female mater
being heirs ; nal ancestors, the mother of the
(6.) In the year 1833, the half -blood of more remote male maternal an
the purchaser became admissible cestor and her heirs are to be
to succeed as heir ; and preferred to the mother of the
(7.) In the year 1859, the widow of the less remote one and ber heirs ;
purchaser became admissible to (9.) Failing the discovery of an heir
succeed as heir. after the application of all the
The following are the canons which at first eight canons, the land is to
present regulate the descent of lands : descend to the heir of the person
( 1. ) The inheritance is to descend to last entitled , although he was not
the lineal descendants of the pur the purchaser thereof ; and such
chaser in infinitum ( see title heirs will of course have to be
PURCHASER) ; ascertained by the renewed appli
(2.) And to the male issue in preference cation of the first eigl.t canons,
to females; starting only from a different
(3. ) And to the eldest male issue in ex point of departure, or propositus.
clusion of the others ( see title DESCRIPTION NOT ANSWERED . Where
PRIMOGENITURE ) ; but if there are goods are ordered to be procured by an
no male issue, then to the female
issue altogether (see title Co intending purchaser, and the sellersupplies
PARCENERS) ;
goods not corresponding with the order,
e.g., imitation Brussels for real Brussels
(4.) Lineal descendants in infinitum are carpets,—the right of the purchaser is to
to represent their ancestor (see return the goods and recover his entire
tiile REPRESENTATION ) ; purchase money if paid, or to refuse pay
(5.) Failing lineal descendants of the ment thereof being unpaid. In this respect,
purchaser, the inheritance is to a “ description not answered ” is like fraud
go to the nearest lineal ancestor, or misrepresentation as opposed to breach
the father succeeding before the of warranty ; but like a warranty, the
brother or sister of the purchaser, description may not have been answered
and every more remote ancestor either from dishonesty or in perfect honesty,
succeeding before his issue other whereas fraud is necessarily dislionest.
than any less remote ancestor or
ancestors, and his or their issue ; SeeOF.titles Fraud ; Warranty, BREACH
(6.) In the application of the 5th canon, DESERTION. ( 1.) In the case of married
the succession is to be according
to the following order , women , desertion coupled with adultery
(a.) The father andall male paternal by her husband is a ground for obtaining
ancestors and their descendants a divorce; and without adultery, desertion
in infinitum ; was a ground for obtaining an order to
(6.) All the female paternal ancestors protect her own earuings, even before the
and their heirs ; M. rried Women's Property Act, 1870.
(c.) The mother and all male maternal (2.) In the case of soldiers and marives,
ancestors, and her and their desertion is an offence agaiust the Law
descendants in infinitum ; and Military, punishable with imprisonment
(d.) All the female maternal ancestors and branding; and inciting to desert is a
and their heirs ; felony. (3.) In the case of children, destro
tion is abandonment.
(7.) The half-blood of the purchaser See titles ABANDONMENT ; CHILD,
shall inherit , ABANDONMENT OF.
(a .) Where the common ancestor is a
male, next after a kinsman in DESIGNS, COPYRIGHT IN . The first
the same degree of the whole Act granting protection to the inventor of
blood, and the issue of such designs on fabrics was passed in 1787
kinsman in infinitum ; and (27 Geo. 3, c. 38) ; and that Act was fol
(6.) Where the common ancestor is a lowed by some subsequent Acts. But
female, next after that female ; these Acts not affording any protection to
(8.) In the application of the 6th desigus on fabrics composed of animal pro
canon , ducts, such as wool, silk , or hair, or mix.
(a.) In the admission of female pater tures of those materials with the vegetable
nal ancestors, the mother of the products flax and cotton , in 1839 by the
more remote male paternal an stat. 2 Vict. c. 13, the like protection was
DESIGNS, COPYRIGHT IN - continued. DETAINER - continued .

given to designs on fabrics of animal sub- marshal or warden (as the case might be),
stances or of mixed animal and -vegetable and directed him to detain the prisoner in
substances. English copyright in designs his custody until he should be lawfully
is either in designs of an ornamental or in discharged therefrom . In this latter sense,
designs of a useful character. ( 1. ) Copy- detainer is becoming mainly obsolete,
right in ornamental designs is regulated by in consequence of the Debtors Act, 1869
the 5 & 6 Vict. c. 100, amended by 6 & 7 (32 & 33 Vict. c. 62).
Vict. c. 65, 13 & 14 Vict. c. 104, 21 & 22 See titlos ABATEMENT OF POSSESSION ;
Vict. c. 70, and 24 & 25 Vict. c. 73. The DETINUE ; IMPRISONMENT FOR DEBT.
5 & 6 Vict. c. 100, repeals all the previous DE TALLAGIO NON CONCEDENDO. An
Designs Acts, and enacts that the pro informal statute (25 Edw . 1) reformulating
prietor of every new and original design illegality of taxation ( for home purposes )
not previously published shall have the without the assent of Parliament.
sole right of applying the same to any DETERMINATION . This word, as used
article of manufacture , or to any artificial
or natural substance, during the respective in Law, denotes the ending or expiration
terms ( to be computed from the time of the of any estate or interest in property ; e.g. ,
design being registered ) specified in the an estate during widowhood determines
Act, and which vary according to the nature upon re -marriage, and an estate during
of the article from nine months to three minority upon attaining twenty-one years
years; but such times may be extended of age, and so forth .
under 13 & 14 Vict. c. 104. (2.) Copyright See title EFFLUXION OF TIME.
in useful designs is regulated by the 6 & 7 DETINUE . An action which lies for
Vict. c. 35, which gives the proprietor of the recovery of specific goods wrongfully
such designs not previously published in detained by any one : eg. , for a horse lent.
the United Kingdom or elsewhere, the sole The judgment in this action, where the
right to apply his design to any article, or plaintiff was successful, was for recovery of
make or sell any article according to such the articles or their value, together with
design, for the term of three years , to be the damages and costs found by the ver
computed from the time of the design dict, and the costs of increase (sce title
being registered . The Act has been INCREASE, Costs of ), the defendant having
amended by the further Acts, 13 & 14 Vict. the option prior to the C. L. P. Act, 1851,
c. 104, and 24 & 25 Vict. c. 73. either to pay the value or to restore the
See title COPYRIGHT. goods; but now, by s. 78 of that statute ,
DE SON TORT DEMESNE. These are such option belongs to the plaintiff, who,
words which were once commonly used in upon application to the Court or a judge ,
might (at the discretion of the Court or
the replication to a defendant's plea in an judge) bave execution for the goods de
action of trespass quare clausum fregit as tained, enforceable by distress. But Courts
thus :-A. sues B., B. pleads that he com of Equity could always upon bill filed
mitted the alleged trespass by the com order the delivery up of chattels impro
manil of X .; A. replies that B. did it de
son tort demesne, sans ceo que X. lui com perly detained, e.g., deeds, court rolls ; also,
mand modo et formâ. The phrase amounted old family pictures, horns, snuff-boxes, &c.
in effect to a traverse of the command ( Fells v. Read, 3 Ves. 70) ; and now in all
which was attempted to be justified under. the divisions, execution may issue for the
Since the cases of Trevelian v . Pyne (Salk. delivery up of specific chattels, accoriling
107 ), and Chambers v. Donaldson (11 East, to the tenor of the judgment, and there is
65), such a traverse has been permitted , now no distinction between Law and Equity
without involving any implied admission in that respect (Order XLII. 4 ; xlix .) .
in another of a title justifying the alleged DEUS, SOLUS, HAEREDEM FACERE
command . POTEST : see title Solus Deus HAERELEM.
DETAINER . This word was used in DEVASTAVIT. In an action against
two kindred senses. Firstly, it signified an executor or administrator, where the
the forcibly keeping another out of pos;es plaintiff has obtained judgment for re
sion of lands or tenements, an injury which covery of his debt and costs out of the
was not only of a civil nature, entitling the assets of the testator ( if any ), and , failing
dispossessed party to damages, but also of these, for recovery of his costs out of the
a criminal nature, rendering the dispos- executor or administrator's own goods, the
sessor liable to a fine to the king for his usual writ of execution is a fi.fa. de bonis
breach of the king's peace. Secondly, it testatoris ; but if the sheriff returns to this
signified a writ which lay against persons nulla bona testatoris nec propria, AND a
imprisoned for debt in the Marshalsea or devastavit, the plaintiff may forth with
the Fleet, and which was directed to the upon the return sue out a fi. fu. de bonis
DEVASTAVIT - continued . DICTUM . Called also obiter dictum , or
propriis, or (at his election ) an elegit remark by the way ,” is a rewark more or
against the property of the executor or less casual dropping from a judge regard
administrator, in as full a manner as in an ing the law in matters like that at the time
action against him in his own right . A before him .
devastavit is therefore strictly such a return DIEI CONDICTIO : See title LEGIS
by the sheriff'; however, the word is com- ACTIONES .
nionly employed in the general sense of
wasting the goods of the deceased, or in DIEM CLAUSIT EXTREMUM : see title
Equity in the sense of a breach of trust or ESCHEATOR.
niisappropriation of the assets. DIES FASTI
DE VENTRE INSPICIENDO . Where a See title DIES NON
DIES JURIDICI
widow is suspected of feigning herself with JURIDICUS.
child , the heir may have a writ de ventre DIES NEFASTI
inspiciendo, to examine her womb whether DIES NON JURIDICUS.
it be as feigned or not ; and in case her A day on
womb be as feigned , the heir may until her which the Courts, for reasous of religion,
delivery keep her under surveillance. do not sit ; e.g., Good Friday, Sunday , and
the like. In Roman Law it is called dies
DEVIATION. Departing from the cer- nefastus. The days on which the Courts
tain course of navigation prescribed by may sit are called dies juridici, and in
custom and long usage as the safest, most Roman Law were called dies fasti. Vaca
direct, and most expeditious mode of pro- tions are non -court days for a very dif
ceeding from one specified terminus to ferent reason, namely, the health of the
another. Such departure or deviation can judges, counsel, and otticers.
only be justitied by overwhelming neces
sity, or by express provision of the charter- DIET . A legislative assembly ; e.g., the
party or policy of assurance, and such like Diet of Frankfort.
circumstances. In a voyage-policy, there
is implied a condition not to deviate, unless DIEU ET MON DROIT (“God and my
the contrary is expressed. For loss sus right" ). This is the motto of the royal
tained during an unauthorized andunjusti- family,and is said to havebeen first used
by Richard I. It signities that tue sove
fiable deviation, the master and owners are
liable, although not otherwise blameable reignty is subject only to the diviue, and
for the loss ( Davies v. Garrett, 6 Bing. 723). not to any human, law. But it is nu pre
text either for absolutism on the one hand,
DEVICE : See titles DESIGNS, COPYRIGHT or for the subjection of the State to the
IN ; TRADE MARKS. Church on the other,
DEVISAVIT VEL NON. This was an
issue directed not unfrequently by the DIFFERENCES, CONTRACTS FOR : See
Court of Chancery, to be tried before a titles STUCK -EXCHANGE ; TIME- BARGAINS.
jury at Common Law ; and a like issue DIGNITIES. These are titles of honour ;
may be tried by that Court itself at the
present day in a proper case . The object and having been originally annexed to
of the issue is to ascertain whether or not laud, they are considered as real property
certain properties are comprised within a (1 Cru. 55).
devise which appears primâ facie not to DILAPIDATIONS. This word denotes
comprise them . A proper case for such an generally letting a house get into bad
issue was that of Neuburgh v. Newburgh , 5 repair, and is applicable generally to all
Madd 364.
.
tenants who are under a covenant to repair
DEVISE . This word meant originally (see title WASTE ). But it is nuore pecu
to divide or distribute property, but it is liarly applicable to the bad repair of
exclusivelyto signify the giving
usedestates
110wreal ecclesiastical residences, the Ecclesiastical
of by will,
the testator being Law enabling a succeeding rector to bring
called the devisor, and the object of his an action for dilapidationsagainst the exe
bounty the devisee. The word " devise ” is cutor or administrator of his predecessor, or
properly applicable to real estate only, (if he should be still living) aguinst the
while the bequeat
word “ properly
h ” is ap . predecessor himself ; and by the stat. 31
plicable to personal estate only ; and upon & 35 Vict. c. 43, ss. 36, 60 ( Ecclesiastical
the strength of the word " devise " alone, an Dilapidations Act, 1871), claims for dila
intention has been found to pass real pro pidations rank pari passu with debts due
perty, which nothing else in the will from the deceased incumbent in the admi
seemed to indicate (Coard v. Holderness, nistration of the assets of the latter.
20 Beav. 147). See title ADMINISTRATION OF ASSETS ;
See title SPECIFIC DEVISES. REPAIRS ; WASTE,
DILATORY PLEAS : See title ABATE DISABILITY — continued .

MENT, PLEAS IN. city either of acquiring or transmitting
DIRECT EVIDENCE. Is evidence di. a right, or of resisting a wrong. Such dis
ability may arise either from the act of
rectly proving any matter, as opposed to the party, or from the act of his ancestor,
circumstantial evidence which is often
or from the act of law, or from the act of
called indirect. It is usually conclusive, God. ( 1 ). From the act of the party,-as
but (like other evidence) it is fallible , and
that on various accounts . It is not to be where, after having agreed upon the sur
render of an old lease to grant a new one,
confounded with primary evidence as op he grants the reversion to another, whereby
posed to secondary, although in point of he incapacitates himself to grant the new
fact it usually is primary. lease ; (2.) From the act of the ancestor,
See titles CIRCUMSTANTIAL EVIDENCE ; -as where he was attainted or convicted
EVIDENCE.
of treason or felony, whereby formerly he
DIRECTING THE JURY : See title JURY. rendered his children incapable of inherit
DIRECTOR OF PUBLIC PROSECUTIONS. ing ; (3.) From the act of law,-as where
(prior to 1870) he was an alien born ,
Under the Prosecution of Offences Act, whereby, or in consequence thereof, the
1879 (42 & 43 Vict. c. 22 ), provision is law struck him with a general incapacity
made for the appointment of an officer to to hold lands ; and (4.) From the act of
be called by the nameof Director of Public God , as where he is a lunatic or idiot,
Prosecutions, and whose duty it is to be,
under the superintendence of the Attorney and incapable therefore generally of con
tracting
General , to institute and prosecute criminal
proceedings in any criminal Court, whether DISABLING STATUTES . Are certain
formal or summary, and to advise police statutes relating to the alienation of church
officers and others relatively to criminal lands by ecclesiastical corporations aggre
offences (s. 2 ). But the Act expressly gate and ( in a lesser measure ) by ecclesi
preserves the rights of private persons to astical corporations sole . They are 1 Eliz.
prosecute (s. 7) ; only the director may be c . 19 ; 13 Eliz. c. 10 ; 14 Eliz, c . 11 ; and
substituted for the private prosecutor in 18 Eliz. c. 11 ; amended by 6 & 7 Will. 4,
any case, so as to release the latter from c. 20 , and a considerable number of statutes
his obligation to prosecute. passed in the present reign. Leases are by
DIRECTORS. The first directors of a these statutes ( speaking roughly ) limited
company are the subscribers to the memo to the term of twenty -one years or three
randum of association . These subscribers lives ; but with the sanction of the Church
afterwards elect their successors in the Estates Commissioners building and
directorate ; but subsequently the directors mining leases of a much longer duration
are elected by the shareholders. The may be granted.
See title ENABLING STATUTES.
directors manage the business of the com
pany pursuant to the articles of associ DISBAR . To deprive a barrister per
ation , and so long as they act intra vires manently of the privileges of his position.
and the company has put no restrictions on It is analogous to striking an attorney off
their powers they bind the company. And the rolls. Being an extreme measure it
not only are they agents for the company, is more common to suspend than to disbar.
but they are also trustees for the share
holders, and liable or not liable accordingly DISCHARGE. The discharge of an
like ordinary trustees would be ; but they obligation arises by payment of what is
are not trustees for the creditors of the due under it, or by satisfaction otherwi:e.
company ( Poole's Case, 26 W. R. 823). A bankrupt is discharged by an order of
Lirectors being (as they usually are) share discharge, and a liquidating debtor by a
holders in the company have as sliare certificate of discharge.
holders the same rights and privileges as See titles ACCORD AND SATISFACTION ;
shareholders generally, the capacity of CERTIFICATE OF DISCHARGE ; Con
director not affecting the capacityof share TRACTS ; ORDER OF DISCHARGE.
holder, e.g., they may transfer their shares
like other shareholders in all respects, DISCHARGE, CERTIFICATE OF. In
unless it should be their necessary qualifi liquidation, is granted by the registrar in
cation shares where there is any qualifi bankruptcy, when the cr ditors have by
cation . special resolution agreed to give the ir
See titles COMPANIES ; FRAUD IN debtor his discharge.
COMPANY LAW ; JOINT STOCK COM See title DiscHARGE, ORDER OF.
PANIES .
DISCHARGE OF CONTRACT . This
DISABILITY. This means any incapa may be by performance ; also, fuiling per
DISCHARGE OF CONTRACT - contd . DISCONTINUANCE
formance according to the tenor, it may be OF ACTION See title DISCON
discharged ( 1. ) before breach by the like DISCONTINUANCE TINUANCE
instrument whereby it was contracted ( e.g., OF ESTATE
specialty by release, and simple contract by
the mere oral or written consent of the DISCOUNT. Is interest in reverso ; that
parties ); and ( 2. ) after breach, by release is to say, where money is payable on a cer
in all cases, or ( but only when the amount tain day, and it is paid after that day, or
due on the contract is uncertain ) by accord (as it is said) the payment is in morâ, then
of the parties and satisfaction. The dis interest is demandable as a general rule ;
charge also sometimes arises through but when conversely or reversely, the
operation of law, e.g. , where the debtor money in such a case is paid before the
becomes the executor of bis creditor ; also, day, then a deduction in the nature of
where the creditor's own conduct renders interest is made on account of the accele
performance of the contract impossible. rated payment, and the deduction is called
DISCHARGE, ORDER OF. In bank discount. Banker's discount is literally
ruptry, is granted by the Court either when the same as ordinary discount.
See title INTEREST OF MONEY .
the debtor has paid 108. in the pound, or
having paid less his creditors have resolved DISCOVERY . By the Common Law ,
for sufficient reasons to allow him to be neither party to an action was required to
discharged . make discovery to the other of any docu
See title DISCHARGE, CERTIFICATE OF. ments or circumstances which might be
DISCLAIMER : See title CONVEYANCES, useful in evidence ; and an application
sub -title DISCLAIMER . required to be made to the Court of Chan
cery, which would in certain cases upon
DISCONTINUANCE . As applied to the a BILL OF DISCOVERY being filed, decree
cessation of an estate , a discontinuance is that the defendant thereto should make a
said to arise when he who hath an estate particular discovery to the plaintiff. But,
tail maketh a larger estate of the land in more recent times, bills of discovery be
than by law he is entitled to do, in which came unnecessary ; for, in the Court of
case the estate is good, but so far only as Chancery, discovery of documents might
his estate extends who made it, e.g., if be obtained under theJurisdiction Act,
tenant in tail makes a feoffment in fee 1852, by summons at chambers ; and,
simple, or for the life of the feoffee, or under the stats. 14 & 15 Vict. c. 99, and
in tail-all which are unless he have first 17 & 18 Vict. c. 125, discovery might also
barred the estate tail beyond his power be had at law. And under the present
to make - and if the feoffi e having entered practice, the varieties of and modes of ob .
(as lawfully he may ) during the life of the taining discovery are the same in all the
feoffor, retains the possession after the Courts, and are briefly the following :
death of the latter, the injury which he I. Interrogatories and Answers thereto.
dres by such retention is a discontinuance Either party may deliver to the other or
of the legal estate of the heir in tail. others, interrogatories in writing for his
As applied to the cessation of an action, examination (Order xxxI. ), such interroga
it means the withdrawal of same out of tories being reasonable and not vexatious
Court. When a plaintiff' has become aware or irrelevant, or ill - timed ; and the party
of any defendant's defence, he may, at any interrogated answers by affidavit said
time before replying thereto, wholly dis interrogatories, doing so fully and not eva
continue his action by delivering a notice sively, or else refuses to answer same or
in writing to that effect. And he may, any of them , giving his reasons for refus
with the leave of the Court or of a judge, ing . A first insufficient answer may be
do the like at any subsequent stage of the ordered to be supplemented by a further
action , but only upon terms, and leave to answer, and so on ; and the not complying
discontinue is not granted as a matter of with any order to answer or to further
course ( Stahlschmidt v. Walford, 4 Q. B. D. answer interrogatories is a contempt of
217). The discontinuance does not preju Court (Order xxxi ., 20 ).
dice any subsequent action for the same II. Affidavit of Documents. — Either
cause, unless one of the terms was such party may obtain agaiust the other or
(Order xxIII., 1 ) ; and the plaintiff almost others upon summons at chambers an
invariably pays the defendant his costs, for order requiring him or them to make dis
which costs the defendant may sign judg covery on oath of all the documents relat
ment (Order XXIII., 2 ) , and may also assess ing to the action which are or which have
damages upon any undertaking as to been in his or their possession or power
damages ( Neucumen v. Coulson , 7 Ch . Div. (Order xxxl. , 12) :; and a form of affidavit
764) of documents is prescribed , and that form
DISCOVERY - continued . DISENTAILING ASSURANCE -contd.

most be strictly observed (Appendix B, ho refuses to concur , the disentailing deel
Juricature Act, No. 9). has the effect of a fine only, but otherwise
III. Inspection of Documents. — Upon or if there is no protector it has the effect of
notice or (failing compliance therewith ) a common recovery, or such other effect as
upon order to produce for inspection , either the party disentailing chorses to effect. For
party may inspect all the documents re example, the entail may be barred for 500
lating to the action which are referred years and so forth .
to in any affidavit or pleading of the other Sce titles FINE ; RECOVERY.
party or parties ; and a note of the result DISENTAILING DEED : See title Disex
of such inspection may be made. Non TAILING ASSURANCE .
compliance with any order to permit in
spection of documents is a contempt of DISFRANCHISE . To deprive of certain
Court (Order xxxI . , 20). privileges, freedoms, or franchises.
N.B. - In addition to these modes of See title ENFRANCHISE .
discovery, properly so called, either party
may also obtain upon summons (or motion] DISGRACE, QUESTIONS TENDING TO .
an order to inspect the property of the Questions which tend to disgrace a witness
other party or parties (see title INSPEC may be put by counsel in cross -examina
TION OF PROPERTY ). And while discovery tion, or in order to discredit an adverse
is in aid of evidence, the effect of admis witness, subjert only to the control of the
sions (whether of documents or of the Court, and subject apparently to this, that
the evidence is not excluiled as being
allegations in pleadings) is to supersede
the necessity of evidence. contrary, to public decency (e.g., sexual
See titles ADMISSION ; ADMISSION OF disclosures ).
DOCUMENTS ; ADMISSIONS IN PLEAD See title PRIVILEGE OF WITNESS .
INGS.
DISHONOUR, NOTICE OF. Where the
DISCREDITING WITNESS. Is often the acceptor of a bill fails to pay at maturity
object of the cross -examination ofa witness. on the bill being presented to him , in other
And upon any examination in chief of a words, dishonours the bill, the billholder
witness who proves adverse, the party may ( although he may sue the acceptor) com
attempt to discredit even his own witness. monly prefers looking either to the drawer
See titles ADVERSE WITNESS ; EXAMI or some or one of the indorsers ; and to
NATION OF WITNESSES. ensure his remetly against the latter, he
must without delay give them notice of the
DISCRETION . Is sometimes opposed acceptor's refusal to pay , i.e., must give
to duty, e.g., in determining the liability of notice of dichonour. Even the drawer is en
trustecs for making an investment that has titled to such notice, unless in the one case
proved a loss to the trust estates. of the bill being a 'c pted for his accommo
DISCRETIONS AND DUTIES : See title dation only ( Bickerdike v. Bollman, 1 T.R.
DUTIES AND DISCRETIONS. 405). The failur: to give prompt not ce of
dishonour has the effect of discharging all
DISENTAILING ASSURANCE. By the the parties other than the acceptor.
stat. 3 & 4 Will. 4, c. 74, which abolished See title BILL OF EXCHANGE.
the ancient Fines and Rt coveries, whereby
formerly ( amongst other things) an estate DISMISSAL OT ACTION . May be either
tail might be barred , there was substituted before the trial or at the trial. ( 1.) Before
a new assurance, called a disentailing the trial, either for want of prosecution , or
assurance, which was calculated to produce for the plaintiff's default in delivery of
the same effect. By this assurance, which statement of claim or in complying with
is in the form of a simple indenture, but an order for discovery, or in giving notice
which requires to be enrolled within six of trial; (2.) At the trial, for plaintiff's
months of its execution in the Court of default to appear, or from his case brouk
Chancery, the tenant in tail ( with or with ing down either through insufficiency of
out the consent of the protector when there evidence or upon any legal ground. Such
is any such ) conveys the lands to a middle dismissal is almost invariably with costs.
man (or man of straw ), to the use of him
self, the tenant in tail, his heirs and assigns, DISPAUPER . When a poor person has
by which means, and under the Statute been admitted to sue in formâ pauperis,
of Uses, he instantly (upon enrolment) and through the subsequent acquisition of
emerges a legal tenant in fee simple. It is property or any other sufficient cause it is
usual (but not apparently necessary) to proper that he should be deprived of the
add, that the object of the assurance is to privilege of suing in that quality, then he
dock and bar the entail and all remain is deprived of the privilege accordingly ;
ders, & c. Where there is a protector, and in other words, he is dispaupered.
N
DISPENSING POWER . The early En DISPENSING POWER — continued .
glish sovereigns, in imitation of the Popes distinction has been substantially adopted
of Rome, had assumed to dispense with the by the legislature, the statute 38 & 39 Vict .
laws by issuing proclamations and making c. 80, recognising it, and in fact expressly
grants non obstante any particular law
66
enabling the Crown to dispense with the
to the contrary .” This assumption was penalty (so far as it accrues to the in
odious to the Common Law . Thus, in the former) upon conviction of an offence
reign of Henry III. , in a suit between the against the Sunday Observauce Act, 21
Bishop of Carlisle and a certain baron , the Geo. 3, c. 49. ( See title QuI TAM AC
king having resorted to his dispensing TIONS.) Clearly, therefore, the practice or
power in favour of the bishop, and after privilege of dispensing was considered as
wards in favour of the baron, the chief being not in itself wrong, but only wrong
justiciary complained of the introduction in the abuse of it. Such abuse was again
of ecclesiastical maxims into the Civil illustrated in 1685, in the case of Godden
Courts ; and in the same reign, the king v. Hales, James II. having that cane
having referred to the practice of the popes dispensed with the Test Act in favour of
in vindication of his use of the clause non the defendant upon his appointment to a
obstante, the Master of the Hospitallers ex military office, and in express fraud, not
claimed , “ God forbid that your Majesty only ofthe Test Act itself, but also of suc
should utter such a graceless speech ." cessive resolutions of Parliament confirma
The practice, notwithstanding, continued tory of the Act. In the Bill of Rights
to be exercised , and in some reigns more ( 1 W. & M. sess. 2, c. 2), it is accordingly
extensively than in others. In particular declared , with reference evidently to
the exercise of the power by Richard II. is James II. , that the dispensing power as of
said to have been such as to set aside the late exercised was illegal , thus indicating
very principles of the statutes dispensed at once the legitimate use and the illegal
from ; but the more usual practice was abuse of that prerogative. In the recent
to dispense in particular cases only of an Case of Eton College , 1815, it was held that
exceptional character. It was the opinion a dispensation of Elizabeth granted to the
of Lord Coke (Case of Non obstante, 12 fellows of Eton College to hold ecclesiastical
Rep. 30) that po Act of Parliament could preferment together with their fellowships,
bind the king from any prerogative that notwithstanding a statute of Henry VI. to
was inseparable from his person, so as that the contrary, was a legitimate exercise of
he might not dispense with the statute by the dispensing power.
non obstante . But the true nature and
DISPOSSESSION : See title OUSTER.
limits of the king's right of dispensing
with statutes was not fully understood DISSEISIN . When one man invudes
until the case of Thomas v. Sorrell, decided the possession of another, and by force or
in 1666, und reported in Vaughan. The surprise turns him out of the occupation of
plaintiff in that case was a common in his lands, this is termed a disseisin , being
former, who brought his qui tam action a deprivation of that actual seisin or cor
ngainst the defendant (a vintner) to recover poral possession of the freehold which the
his share of a penalty under the stat. tenant before enjoyed. In other words, a
7 Edw. 6 , c. 5, incurred by the defendant disseisin is said to be when one enters
in selling wine by retail without a licence, intending to usurp the possession , and to
in the county of Middlesex . It was found, oust another from the freelold . To consti
on special verdict, that James I., who in tute an entry a disseisin, there must be an
corporated the Company of Vintners in the ouster of the freehold, either, first, by tak
City of London, bad given them licence in ing the profits ; or, secondly, by cluiming
the letters patent of their incorporation to the inheritance ( 1 Cruise, 60 ). He who 80
sell wine by retail or in gross within the enters and puts a party out of possession of
city and its suburbs, " non obstante the the freehold is termed the disseisor, and
stutute of Edw. VI.” The judgment given the party ousted is called the disseisee.
was to the effect that the king was able to See title OUSTER .
dispense in some cases and not in others, DISSENTERS. The stat. 1 Will. & M.
and that the distinction between the two
classes of cases did not depend (as had at sess. 1 , c. 18 ( Toleration Act),s. 4, exempted
persons taking the oaths and subscribing
one time been said ) upon whether the act the declaration therein mentioned from
prohibited by the statute was malum in se all prosecutions in the Ecclesiastical Courts
or malum prohibitum only , but that it de for nonconformity ;3 and it was held in
pended upon whether the king himself was
the only person affected by it or whether Barnes v. Shore (8 Q. B. 640), that this pro
his subjecte also were affected by it. He vision extended not only to lay persons, but
could dispense with his own privileges, but to clergymen who, after being ordained,
not with his subjects' rights ; and this dissented from the Church. For disturbº
DISSENTERS - continued . DISTRESS - continued .

ing a Dissenting congregation each offender arrear instantly upon the com
is liable to a penalty of £20. A Jewish mencement of the period for which
synagogue is not at the present day au they are payable ( Buckley v. Tay
illegal establishment ( Israel v. Simmons, lor, 2 T. R. 600) ; and
2 Stark. 256). (4.) The distrainer must have the rever
Dissenters, in respect of their religious sion in him, either an actual re
worship have as full a right as Churchmen version or (at the least) a reversion
to the protection of the Courts (Rex v . by estoppel (Morton v. Woods,
Wroughton, 3 Burr. 1683) : and a manda L. R. 3 Q. B. 658 ).
mus will lie to register and certify a Dis With reference to the things that are
senting meeting - house ( Rez v. Derby liable to be distrained, generally speaking,
( Justices), 4 Burr. 1991) ; also to compel all moveable chattels ( whether the property
the trustees of a meeting-house to admit a of the tenant or of a stranger ) which are
Dissenting teacher (Rex v. Burker, 3 Burr. upon the demised premises at the time
1265). when the distress is made are liable. (2 W.
See title NONCONFORMISTS. & M., sess. 1 , c. 5, s. 3), subject
With reference to the things that are not
DIS - SERVING EVIDENCE : See titles
liable to be distrained, the following classes
EVIDENCE , sub- title ADMISSIONS ; SELF of things are not liable :
REGARDING EVIDENCE.
( 1.) Fixtures, sed quære ;
DISSOLUTION : See titles DIVORCE ; (2. ) Title deeds ;
MARRIAGE ; PARTNERSHIP . (3.) Things delivered to a person exer
DISSOLUTION OF PARLIAMENT. The
cising a public trade to be managed
in the way of his trade ;
Crown may dissolve Parliament either in (4.) Animals feræ naturæ ;
person or by proclamation ; the dissolution ( 5.) Things in actual use ;
is usually by proclamation, after a proroga (6.) Perishable goods ;
tion . No Parliament may last for a longer (7. ) Goods in the custody of the law ;
period than seven years ( Septennial Act, (8.) Crops of produce sold by sheriff,
i Geo. 1 , c. 38 ). Under the 6 Anne c. 37, subject to an agreement to con
upon a demise of the Crown Parliament sume same on land ;
became ipso facto dissolved six months (9) Frames, looins, & c., entrusted to
afterwards, but under the Reforın Act, 1867, workmen ;
its continuance is now nowise affected by ( 10.) Goods of an ambassador ; and
such demise (May's Parl. Pract. 6th ed. ( 11.) Effects of a company being wound
p. 48). up , unless by leave.
DISTANCE. Is to be measured in a And the following classes of things are
straight line as the crow flies ( Lake v. But conditionally privileged from being taken
ler, 5 El. & Bl. 92), in the absence of an in distress :
expressed contrary intention. And where ( 1.) Implements of trade not in actual
the trustees of a turnpike road were pro use ; and
hibited by a local Act of Parliament from (2. ) Cattle and sheep.
erecting any toll- gate within three miles of The distress must be made, as a general
Bargate in the town of Suuthampton, it rule, on the premises demised, subject, how
was held that the distance was to be ever, to the following exceptions :
measured by a straight line and not by the ( 1. ) Cattle or stock of the tenant feeding
road ( Jeweil v. Stead, 6 El. & Bl. 350 ; or being on a common appendant
Duignan v. Walker, 1 Johns. 446). or appurtenant or otherwise be
longing to the demised premises ;
DISTINCT CONTRACTS : See title (2.) Cattle seen driven off the demised
DOUBLE PROOF. premises on purpose to defeat the
DISTRESS. A power of distress may distress; and
belong to a landlord either in virtue of ex (3.) Goods fraudulently removed from
press words conferring it ( Daniel v. Stepney, the demised premises .
L. R. 7 Ex . 327 ; 9 Ex. (Ex. Ch .) 185), or See title EXECUTION .
in virtue of the general law. In the latter
case , the following are the requisites to the DISTRESS INFINITE . In the case of
power of distress : a distress for fealty or suit of Court, no dis
( 1. ) There must be an actual lease, and tress can be unreasonable, immoderate or
not a mere agreement for one ; too large ; for this is the only remedy to
(2. ) The rent must be certain ; which the party aggrieved is entitled, and
(3. ) The rent must be in arrear, but in therefore it ought to be such as is suffi
the case of rønts payable in ad ciently compulsory ; and let it be of what
vance , these are held to be in value it may , there is no harm done, espe
N 2
DISTRESS INFINITE - continued . DISTRINGAS JURATORES. A writ
cially as it cannot be sold or made away directed to the sheriff peremptorily com
, but must
withisatisfact be restored immediately munding biin to compel the app-arance of
on ion made. A distress of this jurors in Court on a certain day therein
nature , that has no bounds with regard to appointed. This writ was abolished by the
its quantity, and which may be repeated C. L. P. Act, 1852 ( 1 Arch . Prac. 305).
from time to time, until the stubbornness DISTRINGAS, WRIT OF. Formerly, a
of the party is conquered , is called a dis- writ bearing this name used be directed
tress infinite. For some other purposes, as to the sheriff, commanding him to distrain
in summoning jurors and the like, a distress upon the goods and chattels of a defendant,
infinite used also to be allowed ; and so like- in order to compel his appearance to a writ
wise under the C. L. P. Act, 1854 , to compel of summons . It was only granted when
the delivery up of the specific chattel the person requiring the same had shewn
ordered by the Court to be delivered up. by affidavit to the satisfaction of the Court
out of wbich the writ of summons issued ,
DISTRIBUTION OF INTESTATE'S ES
TATE : See titles Capita, DISTRIBUTION that the defendant had not been personally
served with the writ of summons, and bad
PER ; NexT OF KIN ; STIRPES.
not, according to the exigeney the reof, ap
DISTRICT CHAPELS OR CHURCHES : peared to the action, and could not be com
See title PROPRIETARY CHAPELS. pelled so to do without some more effica
DISTRICT REGISTRIES. Under the cious process ( 1 Arch . Prac. 202 ) . The
writ in this use of it was abolished by the
60th section of the Judicature Act, 1873 C. L. P. Act, 1852. Another writ bearing
( 36 & 37 Vict. c. 66) power was given to this name had for its object to stay the
the sovereign to establish district registries ; payment away of stock in the Bank of
and by Order in Council dated the 12th of England. This latter writ is still in use,
August, 1875, such registries have been and issues out of the London Office, out of
established, and district registrars appointed which writs of summons are issued (Order
over them , for the issue of writs of sum
XLVI. 2 ). Any person may issue it who
mons, and for the taking of other proceed claims to be interested in any stock trans
ings in an action in the High Court of ferable at the Bank of England standing
Justice. in the name of any other person (Order
See title DISTRICT REGISTRIES, PRO XLVI . , 2). The writ issues upon filing an
CEEDINGS IN.
affidavit swearing to the interest of the
DISTRICT REGISTRIES, PROCEEDINGS applicant, and identifying the stock (Mor
IN Generally all proceedings may be gan's Chanc. Acts, 5th ed. p. 586 ; 5 Vict.
taken in the district registry, which may c, 5).
be taken in the chambers of the judge in See title DISTRINGAS, INJUNCTION IN
NATURE OF.
London . When an action is proceeding in
the District Registry ( through the writ of DISTURBANCE. A species of injury to
summons having been issued thercout, and
appearance to such writ having been real property, commonly consisting of a
entered therein ), then in the districtmay be
wrong done to some incorporeal heredita
taken all proceeilings down to and including ment by hindering or disquieting the
final judgment for default of appearance, or owners in their regular and lawful enjoy.
ment of it. There were five principal
interlocutory judgment, for account or other varieties of this injury , viz. : ( 1. ) Disturb
wise, for default of appearance, or of plead ance of franchise ; ( 2.) Disturbance of com
ing together with tinal judgment thereon, mon ; (3.) Disturbance of ways ; (4.) Dis
when damages have been assessed , and in turbance of tenure ; and (5.) Disturbance
otlier cases down to and including entry of patronage ( Finch, 187).
for trial of the action ( Snell's Equity by DITCHES : See title FENCES AND DITCHES.
Brown, 5th ed. pp. 729-731 ).
DISTRINGAS, INJUNCTION IN NA DIVINATIO NON INTERPRETATIO .
TURE OF. Under the 4th section of the Conjecture is not construction,-a maxim
stat. 5 Vict. c. 5, an injunction in the nature overlooked by the Court in Travers V.
of, but much more etlicacious than, a writ Blundell, 6 Ch. D. 436.
of distringas, may be obtained summarily DIVISIONAL COURTS. Are any courts
in the Chancery Division against, not only composed of the Judges of the High Court,
the Bạnk of England , but any public com- and comprising not fower than two of such
pany whatsoever, to restrain the transfer of judges at the least. They correspond very
(or the payment of d.vidends upon ) not much to the old sittings of the Common
only any stock , but also any shares, in the Law Courts in Banc. These Cour's are
books of such bank or company. never made up in the Chancery Division
See title DISTRINGAS, WRIT OF. (fron paucity of judges ); but the Divisional
DIVISIONAL COURTS_continued. DIVORCE - continued .
Courts at Westminster entertain all Chan- reason no such divorce could be ob'ained
cery applications which require to go before but during the life of the parties. In
a division al Court. these divorces the wife, it was said , should
See title DIVISIONAL COURTS, MATTERS receive all again that she brought with
FOR .
her, because the nullity of the marriage
DIVISIONAL COURTS, MATTERS FOR. arose through some impediment, and the
The various business for these courts may goods of the wife were given for her ad
be classified as under : vancement in marriage which was now
( 1.) All appeals from Petty or Quarter found never to have existed. ( Dyer, 62).
Sessions, from a County Court, or But at the present day a divorce à vinculo
from any other Inferior Court, matrimonii may be obtained for a cause
which, before the Judicature Acts, that is supervenient; thus, a husband may
1873-5, lay to the Superior Courts obtain it on account of his wife's adultery ,
of Law or Equity ( Order Lvli a., and a wife may obtain it on account of her
1) ; husband's adultery, coupled with cruelty
(2.) Cases or points in cases, reserved at or desertion on his part ; and such divorces
trials for the consideration of the are not unfrequently granted under the
Divisional Court, and cases or provisions of the Act 21 & 22 Vict. c. 77 ,
points in cases directed at trials to without the necessity ( which for some time
be argued before the Divisional existed ) of obtaining a special statute for
Court. the purpose . This divorce enables the par
(3.) Application for new trials, from a ties to marry again, and to do all other
trial before a judge with a jury acts as if they had never been married ,
(Orders xxxix. 1 ; LvII a. , 1., Dec. Divorce à menså et thoro used to be granted
1876). when the marriage was just and lawful ab
(4.) Applications for orders, charging initio , and therefore the law was tender of
stuck, or shures (Order xliv. 1 ) ; dissolving it, but for some supervenient
and canse it might become improper or impus
(5.) The following civil (besides certain sible for the parties to livetogether, e.g., in
election and criminal) proceedings, case of intolerable ill-temper, or adultery
viz. : in either of the parties. But at the present
( a .) Proceedings directed by Act of day there is no divorce à mensâ et thoro, but
Parliament to be taken be either a total divorce à vinculo matrimonii
fore the Court, when the for the causes mentioned above, or else a
Court's decision is final ; judicial separation for causes that are in
(6.) Cases stated by the Railway sufficient to justify a total divorce, e.g.,
Commissioners ; cruelty or incompatibility of temper, being
(c.) Special cases, by agreement of extreme. Parties separated in this manner
all parties ; and cannot afterwards marry again , until, at any
(d.) Appeals from the Common Law rate, the one party is dea 1, when the other
Chambers to the Court ( Order may lawfully marry again,
LVII a ., 1 ) ; See title ALIMONY.
See title Banc OR BANCO , SITTING IN. DIVORCE , COURT OF : See title MATRI
DIVISIONS OF HIGH COURT. Are the MONIAL CAUSES.
Chancery Division (comprising the Master
of the Rolls, the three Vice -Chancellors, DIVORCE, DAMAGES UPON . A husband
and the Additional Judge) and the three may obtain damages against the adulterer
Common Law Divisions,and the Probate co -respondent; and he may even obtain
Division and Admiralty Division . such damages without proceeding for a
divorce (20 & 21 Vict. c. 85, s. 33 ). The
DIVORCE. The legal separation of damages are estimated by the value of the
husband and wife. There were two kinds wife, not ( strictly ) by the wealth or position
of divorce, the one total , the other partial ; of the adulterer. " The damages may be
the one à vinculo matrimonii, the other paid to the husband, but appear to be
merely a mensâ et thoro. The total divorce, usually settled by way of alimony on the
à vinculo matrimonii, used to be only for wife during chastity and the children ,
some canonical cause of impediment exist- See titles ALIMONY ; DIVORCE.
ing before the marriage, e.g., consanguinity, DOCKS : See title HARBOUR.
and not for any impediment that was
supervenient. In these cases of a total DOCK -WARRANTS : See titles BILL OF
divorce, the marriage used to be declared LADING ; STOPPAGE IN TRANSITU.
null, as having been absolutely unlawful DOCKET, STRIKING A. A phrase
ab initio ; and the parties were therefore formerly used in bankruptcy. It referred
separated pro salute animarum ; for which to the entry of certain papers at the bank
DOCKET, STRIKING A- continued . DOLOSUS VERBATUR IN GENERA

rupt office, preliminary to the prosecution LIBUS. A fraudulent plaintiff or defen
of the fiat against a trader who had become dant deals in general phrasos, i.e., avoids
bankrupt. The Secretary of Bankrupts making accurate allegations, while he
entry “ docket
in thebeen studies and often achieves a general cor
used toand
book,” this the
make seems to have what rectness of statement.
was technically termed striking a docket. DOLUS. In Roman Law means fraud,
The modern equivalent seems to be putting or wilfulness, or intentionality. In that use
the petition in bankruptcy upon the file of it is opposed to culpa, which is negligence
the Court, no fiat of the Lord Chancellor merely, in greater or less degree. The
being now required in order to prosecute policy of the law may sometimes treat ex
the bankruptcy. treme culpa as if it were dolus, upon the
DOCUMENTS, ADMISSION OF : See title maxim culpa dolo comparatur. person is
ADMISSIONS OF DOCUMENTS. always liable for dolus producing damage,
but not always for culpa producing damage,
DOCUMENTS, PROOF OF . Documents even though extreme, e.g., a depositary is
being public are variously proved,--Ist. If only liable for dolus, and not for negli
of record , by the production of the record gence.
or of an office copy thereof, and sometimes See title CULPA.
by an exemplification under the great seal DOLUS CIRCUITU NON PURGATUR .
or under the seal of the Court to which the
Fraud is not cured by being wrapped about
record belongs ; and, 2nd, If not of record , with intricacy.
e.g., certificates of birth , &c., extracts from
banker's books, &c. , are usually proved by DOME, or DOOM. This is literally a
a certified copy , the proper custodian judgment, e.g., in the Black Book of Here :
granting the certificate; and as regards ford, fo . 46, this phrase occurs , — " So help
local and personal Acts of Parliament, the me God, at his holy dome,” meaning at the
Queen's printers' copy is the proof thereof day of last judgment.
(8 & 9 Vict. c. 113, s . 3). Documents
DOME - BOOK . A book of judgments
being private are proved, — ] st, if they (dooms, domes). The book thus called
require attestation, by the evidence of at
least one of the attesting witnesses, and if was compiled during the time of Alfred
both or all of these witnesses are dead the Great, and is said to have been extant
80 late as the reign of Edward IV., after
then by proof of handwriting; and if they which it was lost. It is generally assumed
do not require attestation, usually by the to have contained the principal rules of the
attesting witness (if any), or generally by Common Law (so far as these rules were
handwriting, & c. Deeds and wills thirty
years old from date of execution prove then developed ), together with the then
themselves where they come from the penalties for misdemeanours, and the then
proper custody. forms of judicial proceedings.
DOCUMENTS OF TITLE TO GOODS : See DOMESDAY -DAY . The book thus
title Dock -WARRANTS. called was compiled in the reign and by
the direction of William I., commonly
DOGS. The stat. 30 & 31 Vict . c. 5, called the Conqueror, and is one of the
has imposed a tax on dogs. It seems that many works of permanent utility of that
the owner of a dog is liable for damage sovereign. It was in two volumes, and
done by it to cattle or sheep, without contained the details of a great survey of
proof of his scienter of the nature of the the kingdom , throughout all its counties,
dog, but that he is not liable without such five men in each county (called justices)
proof for damage done to human beings. having been assigned in 1081 for the pur
The stat. 34 & 35 Vict. c. 56, provides for pose of collecting the necessary statistics,
the detention of stray dogs, and for the and having completed their statement
slaughter of such as are dangerous. It is thereof in 1086 , when the whole returns
made felony by statute (24 & 25 Vict. c. 96) were thrown together and formed the two
to steal a dog ; and it is aa misdemeanour to volumes of Domesday Book .
take money to aid in the restoration of This work is an authority upon certain
stolen dogs. points of real property law ; e.g., upon the
See title ANIMALS. question whether lands of copyhold tenure
DOLE . This word is derived from the are or are not of that peculiar species of
Saxon dolan, to divide,and denotes a part or copyhold which is called Ancient Demerne.
See title ANCIENT DEMESNE.
portion of a meadow which is divided ; and
the word still retains the meaning of di- DOMICILE . Is the place at which a
vide, e.g., to dole out alms is to divide or person has his principal residence, and
distribute alms. that is generally construed to be the place
DOMICILE - continued . DOMINIUM - continued .
at which he usually keeps his wife and that was not the owner, then it required
family (or household gods, ubi lar et pe Urucapio to mature the Bonitary ownership
nates ). In the case of infants and married 80 acquired into full Quiritury ownership .
women, their domicile is that of their See titles TRADITIO ; USUCAPIO.
parents or husbanıl. A domicile may be
either original or acquired. The original DONATION . In French Law , every do
domicile (domicilium originis) is that at nation in order to be complete must be
which the parents the person are domi assented to by the donee, and if a married
ciled at the t'me of his birth , and usually woman with the consent of her husband .
agrees ( under English Law ) with his nation Immediately upon such assent being
ality. To acquire another domicile, the given , thegift is complete ( just as in Ru
rule of law is that both the animus (or man Law ) without any traditio ; for a
iutention to acquire it) and the factum ( 2 necessity is laid on the donor or bis heirs
actual acquisition of it) must combine. to make traditio . In this respect, the
Now the acquisition of a new domicile is English Law differs from both , holding that
only coniplete when the former domicile is nut only is assent on the part of the donee
definitively abandoned , and an actual re necessary, but also delivery of the thing
moral is made to the place of the acquired given. In French Law such gifts are irre
domicile. But for the re-acquisition of the vocable, excepting for one of three causes,
original domicile, the definitive abandon - ( 1 .) The non -performance of conditions
ment of the acquired domicile when fol. when there are any such ; ( 2.) The ingra
lowed up, or rather when evidenced ,by one titude of the donee; or (3. ) The subsequent
step towards a return to the original domi birth of offspring ; but in English Law, a
cile, is sufficient. gift when once completely made is not re
The law of a man's domicile for the time vocable for any cause whatever, unless
being (whether original or acquired ) deter there is an express condition or clause of
mines all his personal capacities and in . revucation contained in it.
capacities ; and to that extent it often
controls the operation of the Lex loci situs, DONATIO MORTIS CAUSÂ. Is a gift
although not also the operation of the Lex made in contemplation of death, and taking
loci rei sitæ . Further,the Lex Domicilii absolute effect upon the death. The great
also regulates the distribution of his per essential to it is a DELIVERY actual or con:
sonal estate in case of his death intestate . structive of the thing given ; and provided
See Story on Conflict of Laws ; Westlake's that requisite is observed , there is nothing
Private International Law ; Foote's Private which may not be the subject of such a
International Jurisprudence . gift, excepting a cheque (inasmuch as the
authority to pay that is revoked upon the
DOMICILII LEX : See title DOMICILE. death ), and excepting apparently railway
DOMINANT TENEMENT. In the law stock ( Moore v. Moore, L. R. 18 Eq. 474),
and excepting perhaps real property (inas
of easements, the tenement whose owner much as the law prescribes particular
as such enjoys an easement over an adjoin formalities for the conveyance of such ).
ing tenement is called by this name. There may, however, be a donatio mortis
See title EASEMENTS.
causâ of a mortgage debt charged on real
DOMINIUM . Was ownership in Roman property, and such gift is made by a deli
Law , and was one of two kinds, viz. : very of the mortgage dred ; also, of a
(1.) Quiritary Dominium , -or ownership deposit note (Amis v. Witt, 33 Beav. 619).
in the fullest sense of the strict civil law; DONATIO PROPTER NUPTIAS. Was
and (2. ) Bonitary Dominium , or owner the property contributed by the husband
ship in bonis, i.e., according to the Præ in respect of the marriage, and was op
torian Law complete, but according to the posed to the dos. It might be given or
strict Civil Law incomplete. When a res increased either before or after the mar
mancipi was transferred by mancipatio, it riage.
was at once acquired in the Quiritary See title Dos.
ownership ;: but if it was transferred by
traditio merely, then it was acquired in DONATIVE ADVOWSON : See title AD
Bonitary ownership only, until usucapio VOWSON .
matured it into Quiritary ownership . On Phrases denoting respec
the other hand, when a res nec mancipi was tively the grantee of an
transferred by traditio , it was at once ac DONEE .
estate tail, the grantor of
quired in full Quiritary ownership , as . DONOR . such an estate, and tho
suming that it had been purchased or other DONUM . estate tail itself,
wise acquired from the true owner ; and if See title CONVEYANCES,
it had been so acquired bonâ fide from one sub- title GIFT.
DORMANT PARTNER. A sleepiug DOUBLE PROOF. As a general rule,
partner. the creditor of a partnership ( to whom the
See title PARTNERS, VARIETIES OF. partners are bound jointly and severally ) is
DOS. Is the property contributed by the not allowed in bankruptcy to rauk as a cre
wife or her relations upon or in respect of ditor both against the joint estate of the
the marriage, and is opposed to the Donatio partnership and against the separate estate
propter nuptias of the husband. It was of any partner when both estates are bank
called projectitia when made by the wife's rupt; but he must elect to prove either
father or other male ascendant; adventitia against the joint estate or against the
when made by the wife or wife's mother separate estate. But to this general rule
or other female ascendant ; and receptitia ayainst double proof, there is an exception
made in the case of distinct contracts ,
when made by a stranger. The husband entered into with regard to distinct estates,
had the management and enjoyment of it in which latter case (both estates being in
during the coverture, but in the later bankruptcy ) double proof is allowed by the
law ) could neither sell nor mortgage it,
Common Law, and by the 37th section of
and had to restore it upon the determina tho Bankruptcy Act, 1869.
tion of the coverture to the source from
which it came . See title PROOF OF DEBTS IN BANK
RUPTCY .
See title Donatio PROPTER NUPTIAS.
DOUBLE RENT : See title DOUBLE
DOTE ASSIGNANDÂ. The writ thus VALUE.
described lay for a widow whose husband
held of the king in chief, and who was DOUBLE RETURN : See title RETURN.
thence called a king's widow , to recover DOUBLE VALUE . A tenant wilfully
her dower, she first taking an oath not to holding over after the determination of his
marry without the king's leave. term , and after demand of possession made
DOTE UNDE NIHIL HABET. The and notice in writing properly given, pays
writ thus described lay for a widow against at the rate of double the yearly value of
the lands (4 Geo . 2, c. 28). Similarily if
a purchaser of the lands from her husband. the tenant holds over after giving notice
DOUBLE COSTS . Under the stat. 5 & 6 of his intention to quit (2 Geo. 2, c. 19).
Vict. c. 97, all previous Acts of Parlia DOWAGER. A widow who is endowed ,
ment (whether public or private ) which or who has a jointure in lieu of dower, is
awarded double or treble costs were re
thus described ; but in common practice
pealed, and party and party costs only, or the word is confined to the widows of
reasonable costs upon taxation only, were princes , dukes, and other like persons only.
to be given, wben given at all ; and that
is now the law. DOWER . Is the right of a widow
See title Costs. during the residue of her life to one- third
DOUBLE PLEA . Was a plea faulty on part of the freehold lands late of her
deceased husband.
the ground of duplicity . Duplicity in
arise either Ideca
is a fault which may subsequent
pleadingdeclaration ( 1.) In the case of widows who were
married on or before the 1st of January,
in the or in any
1834, the right to dower attached to all
pleading, and signifies the allegation of freehold lands of which the husband was
several distinct matters in support of, or in
solely seised for an estate of inheritance,
answer to, a single demand, any one of
which matters would be sufficient of itself and , having once attached , the right was
not capable of being barred or defeated
to support the demand, or to answer it. excepting by a fine or deed acknowledged
Leave to plead several pleas might, how in which the wife joined. In the absence
ever, be obtained under the C. L. P. Act, of a fine, it attached upon the lands even
1852, s. 81. The fault of duplicity used when in the hands of a purchaser . It was
formerly to be taken advantage of by not necessary that she should have any
special demurrer ; but after the C. L. P. issue actually born . To exclude her dower
Act, 1852, it was met by application in a from attaching at all was therefore the
summary way under s. 52 of that Act, to great object of every purchaser of land ;
amend or strike out the faulty pleading ; and two methods were in common use,
and a motion to strike out or amend the
called respectively the old method and the
pleading as embarrassing would be the modern method of barring dower. Under
course to adopt under the present practice. the old method , the lands were conveyed
DOUBLE PORTIONS : See title SATISFAC to the grantee and his heirs, to the use of
TION IN EQUITY . the grantee and a trustee and the heirs of
the grantee, with a declaration that the
DOUBLE POSSIBILITY : See titles Con estate of the trustee was in trust only for
TINGENCY, DOUBLE ; POSSIBILITY. the grantee and his heirs. Under the
DOWER — continued . DRAMA, COPYRIGHT IN - continued .

modern method , a general power of ap- the sole right of having it represented in
pointment was in the first place given to any part of the British dominions, for a
the grantee, and subject thereto the land period of twenty -eight years, and , if the
was given to the grantee for his life, with author were living at the end of that time,
remainder to a trustee and his heirs dur- for the remainder of the author's life ; and
ing the purchaser's life with an ultimate if any person should represent, or cause to
remainder to the heirs and assigns of the be represented, uithout the consent in writ
purchaser for ever. ing of the author or other proprietor, at any
(2.) In the case of widows who have place of dramatic entertainment, any such
been married since the 1st of January, production, or any part thereof, every such
1834, the right of dower attaches to all offender was made liable in damages for
lands of which the husband is solely seisel, the infringement as also to double the costs
or even equitably possessed , for an estate of the action for infringement ; but such
of inheritance ; but although it may have double costs have been taken away by the
once attached, the right is of the most stat . 5 & 6 Vict. c . 97. And it has been
fragile sort, being defeated by any declara- provided by the stat. 5 & 6 Vict. c . 45,
tion in the will of the husband, or by his S. 20, that the copyright in any dramatic
devise of the lands, or by bis alienation of piece or musical composition shall endure
them during his life, and even , pro tanto, and be the property of the author thereof
by his debts. And it is not infrequent to and his assigns for the term in that Act
exclude it from attaching even from the provided for the duration of copyright in
first, by inserting a declaration to that books, i.e., for the natural life of the author
effect in the deed of grant, which is also and seven years, or for forty-two years,
now effectual to defeat the widow's right. whichever period is the longer ; and the
See title FREE BENCH. first public representation or performance
DOWRY. This is the proper name for of any dramatic piece or musical composi
tion is equivalent to the first publication of
the property which the wife brings to her a book . The copyright and all assign .
husband upon her marriage with him . and, ments thereof must be registered before
like the dos of Roman Law is distinguished any action will lie for infringement there
from the dower ( or jointure in lieu thereof), of ; and if the assignment of the copyright
which corresponds to the donatio propter is to pass the sole right of representation,
nuptias of Roman Law. The wife's dowry then the assignment and the registration
is often called her maritagium in the old thereof must so express (s. 22), in order to
statutes.
obviate such a result as that which occurred
DRAINAGE CHARGES. These (and in Cumberland v. Planché ( 1 Ad. & El.
other general improvement) charges are 580).
created in virtue of the Improvement of See title Music, COPYRIGHT IN .
Land Act, 1864 (27 & 28 Vict. c. 114 ), as DRAWEE AND DRAWER . Are the
to lands in settlement, and in virtue of the parties to a bill of exchange upon whom
Limited Owners Residences Act, 1870 (33 and by whom respectively the bill is drawn.
& 34 Vict. c. 56 ), and the Amendment Act, See title BILL OF EXCHANGE.
1871 ( 31 & 35 Vict. c. 84), as to mansion
DROIT. This word significs right.
houses, and in virtue of the stat. 40 & 41 Droit-droit signifies, therefore, a right
Vict. c. 31 , as to reservoirs for water, and
are made a charge upon the land in the upon a right, or a double right, and was
used to denote the title of one in whom
hands of its successive owners, and are
repayable (principal and interest) by not the right of possession and the right of
more than twenty - five yearly instalments. property were combined . The phrase
droitural was used of actions which were
See title MINISTERIAL POWERS.
brought upon a writ of right, as dis
DRAMA, COPYRIGHT IN. Dramatic tinguished from those actions called pos
compositions, when printed and published, sessory , which were brought upon the fact
are books within the meaning of the gene of, or right to, the possession merely.
ral Copyright Acts, and when still in DROIT -DROIT : See title DROIT.
manuscript, they are within the Copyright
Act, 5 & 6 Vict. c. 45. ( See title Copy- DROITS CIVILS. In French Law, de
RIGHT). Moreover, musical compositions note private rights, and the exercise of
intended for the stage come under the which is independent of the status (qualité )
head of dramatic compositions. The stat. of citizen. Foreigners enjoy them , and
3 & 4 Will, 4, c. 15, gave to the author, or the extent of that enjoyment is determined
his assignee, of any printed and unpub- by the principle of reciprocity. Conversely,
lished tragedy, comedy, play, opera, farce, foreigners, although not resident in France,
or other dramatic piece or entertainment, may be sued on contracts made by them
DROITS CIVILS — continued . DUNNAGE - continued .

in France, and ( unless possessed of suffi bad effects of contact with ballast &c.
cient real property in France ) are obliged The shipowner is liable for damage to
to give security. This provision meets cargo from want of sufficient dunnage.
such a case , semble, as that of Leroux v. Kay's Shipmasters, 268.
Brown, 12 C. B. 801 . DUPLICATE . Any copy or transcript
DRUNKENNESS . Where totul, is a of a deed or writing is called a duplicate,
See title COUNTERPART.
qualified incapacity for contracting; and
where the drunkenness, being partial, is DUPLICITY IN PLEADING : See title
caused by the other contracting party to DOUBLE PLEA.
the fraud of the intoxicated person , then DURATION OF LIFE. The presumption
it is also a ground for avoiding the con in favour of the continuance of life is in
tract. And with reference to crime, babi English Law very slight, and may be
tual drunkards are placed under police readily rebutted. After seven years' ab
supervision ; and persons committing any Bence, if a person has not been heard of,
crime while in a state of temporary drun
kenness are not excused the reby, but the and it was primâ facie reasonable to hear
circumstance at the very most goes only in from him , he is presumed to be dead ( Doe
extenuation of the offence (1 Hawk. c. 1, d. Knight v. Nepean, 5 B. & Ad. 86 ; 2 M.
& W. 891), but the exact time of the death
8. 6 ; Arch. Crim . Pl. 18). is not fixed by that presu otion ( Re Phené,
See title HABITUAL DRUNKARDS. L. R. 5 Ch . App. 139 ). When two persors
DUCES TECUM . When a person, who perish in one and the same calamity, there
is not a party to an action or suit, has in is no presumption from age, sex, or other
his possession any written instrument differential circumstance whatsoever, which
which is capable of being used as evidence of them was the survivor, but that is a
at the trial or hearing, he is brought before matter to be proved by the party alleging
the Court upon a subpoena duces tecum , the survivorship of either ( Underwood v.
which is a writ commanding him to appear Wing, 19 Beav. 459 ; 4 De G. M. & G.
at the trial and bring the instrument with 633 ; 8 H. L. Ca. 183).
him. And, notwithstanding he may have DURESS. Is of two kinds, being either
some good reason for not producing it, still ( 1.) To the person ; or (2.), To the goods.
he must obey the writ in the first instance, The object of placing either the person or
not himself judging, but leaving the Court the goods under duress being to extort
to judge, of the sufficiency of his reason money in excess of what (if anything) is
for the non -production . righfully owing, the law holds that the
See title BANKERS' Books EVIDENCE.
excess so obtained may be recovered back
DUCHY COURT OF LANCASTER : See as money had and received ; also , that
title CHANCELLOR . duress ( like fraud ) vitiates all contracts
made under its influence .
DUELLING . Where it results in death
is murder (24 & 25 Vict. c. 100, s. 14) ; DUTIES : See titles CustomS; EXCISE.
and otherwise it is a misdemeanour, as DUTIES AND DISCRETIONS. A trustee
constituting an affray . is liable for breach of trust; and such
See title AFFRAY.
breach may consist either in his neglect of
DUM FUIT INFRA ÆTATEM . This a duty, or in his abuse or misuse ofa dis
was a writ which lay for the recovery of cretion . Thus a trustee is under a duty to
lands which a man had alienated while invest in certain investments that are pre
under age. The writ lay also for the heir scribed by the Court for trust moneys,
of the infant alienor. when the will or trust-deed is silent upon
DUM FUIT IN PRISONÂ. This was a the matter ; and a trustee's neglect to do
writ which lay for the recovery of lands so , or bis placing out the trust funds upon
which a man had alienated while in prison any security other than one of the pre
or under duress. scribed investments, will render him liable,
however laudable his object or careful his
DUM FUIT NON COMPOS MENTIS. conduct. On the other hand, if the instru
This was a writ which lay for the recovery
of lands which a man had alienated while ment of trust expressly enumerates a series
insane.
of investments ( good, bad, and indifferent ),
and authorizes the trustee to invest at his
DUNNAGE. Is loose wood or other discretion in any of them he chooses, then
like material placed against the sides and and in such a case the trustee must exer
bottom of the hold of a vessel , above the cise a prudent discretion,selecting such of
ballast, to protect the cargo laden in hold, them as he considers safest and best (all
semble, from dun, meaning to mitigate the things considered ), and in fact such of
DUTIES AND DISCRETIONS - contd . EAR -MARK - continued .

them only as he would have no hesitation that is, distinguished from other personal
property of the same nature. As a general
in placing out his own proper moneys upon ; rule, money has no such distinguishing
and if he have shewn that measure or
amount of discretion, then he will be safe feature, or ear-mark .
from liability , even in case of some loss or EARNEST. In Roman Law called arrha,
calamity befalling the investment. is something given as evidence of the con
See titles BREACH OF TRUST ; IN
tract in Roman Law , and for the purpose
VESTMENTS ; TRUSTEE . ( in certain cases ) of binding the bargain
DWELLING HOUSE . Is included under in English Law . As the name denotes, it
the older word messuage , and is usually is given to shew that the purchaser is in
opposed to outhouse in the language of earnest, and not eitber trifling or intending
cunveyancers. A dwelling house, if unfit a di coption . For this purpose it is not
for habitation , may be pulled down by the infrequently exacted by tradesmen from
sanitary authorities (38 & 39 Vict. c. 55, unknown customers giving them orders to
and ( for London ) 18 & 19 Vict. c . 121 ). make goods; it is originally no part of the
DYING DECLARATIONS. In criminal price of the goods, and therefore is for
law, the dying declarations of the injured feited on the customer's default ; but if
person, beingan adult, are admissible, but he duly accepts and pays for the goods
when made, then the earnest counts as
being an infant of very tender years are
not admissible in evidence, the reason for part of the price. The giving of an ear
the exclusion of the latter being that the nest is one of the three alternatives pre
child's mind is not affected by the prospect scribed by the Statute of Frauds (29 Car. 2,
c. 3 ), s. 17, for the validity of a contract for
of death , as the adult's is supposed to be.
See title DECLARATIONS, DYING . the sale of goods of £ 10 or upwards.
See titles ARRHA ; FRAUDS, STATUTE
DYING WITHOUT ISSUE. Formerly, OF .
if lands were given to A., and if he died
without issue, then to B. in fee simple, A. EARNINGS OF MARRIED WOMEN .
took an estate tail by implication, and B. Are made separate property by the Married
an estate in fee simple in remainder, which , Woman's Property Act, 1870 ; and, apart
however, A. could defeat. But now, under from that Act, the wife may also obtain
1 Vict. c. 26, under the same words, A. protection for same by order of the police
would take an estate in fee simple de court or of a justice of the peace .
feasible in case he left no issue when he See titles HUSBAND AND WIFE ; PRO
died, and B. would take an estate in fee TECTION ORDER ; SEPARATE ESTATE.
simple that was executory upon the same EASEMENTS. An easement is a privi
event, namely, A.'s leaving no issue at the
time of his, A.'s, death (s. 29). lege, without profit, which one neighbour
See title WILLS. hath of another ( Termes de la Ley, 284 ) ;
or which the owner of one tenement as
such has over an adjoining tenement or
the owner thereof as such , the former
E. tenement being for this purpose called the
dominant tenement, and the latter the ser
EALDERMAN . A title of office in vient tenement ( Gale ; Goddard).
Anglo -Saxon times , in the same position Easements are in derogation of natural
of eminency as the title of Earl held during rights , being rights in respect of private or
the Danish periodof occupancy , individual ownership, and not rights in
The alderman of the present day, mean respect of public or common occupation.
ing thereby the civic functionary so de Thus, a private owner, subject only to the
scribed, is clearly a derivation etymologi maxim sic utere tuo ut alienum ne lædas,
cally from the Anglo - Saxon Ealderman, has, in virtue purely of his ownership, an
but with the changes in society which absolute power of using, or right to use,
have intervened between the Anglo -Saxon his property in whatever way he pleases,
and the present times, the eminency of to the full extent that his interest therein
the office has been comparatively depre extends, that is to say, to the full extent
ciated , although the aldermanic gown is of his life -estate if he is a tenant for life,
still a distinction to be aspired at ; and and to an unlimited extent if he is a tenant
the office carries with it certain minor in fee simple or in fee tail absolute ; and
judicial functions. an easement in or over that estate or inte
See titles CORPORATIONS, MUNICIPAL ; rest is, to the extent that the easement
LONDON, CITY OF. extends, a restriction upon that absolute
EAR -MARK . Personal property is said right or power of user.
to be ear -marked when it can be identified, Easements consist in patiendo or in non
EASEMENTS -- continued . EASEMENTS— continued .
faciendo, and not in faciendo ; in other case of the natural state of land, yet in
words, easements extend thus far in their the assumed artiticial state of the land ,
general effect, namely, that they oblige the the easement is to its full extent an ease .
private owner of the servient tenement, ment of necessity, or almost of necessity,
not in his personal capacity, but in virtue and not of convenience merely . And
of that of his connection with the servient similarly, rights of consuming water,rights
tenement, to permit, or in no active senso of fouling water, rights of fouling air, may
impede, the owner or occupier of the under given circumstances be easements of
dominant tenement as such in the enjoy. necessity, although in the natural state of
ment of his easement over the servient land they would be easements of conveni
tenement, to the extent that such easement ence merely. And such being the wavering
may extend ; but they oblige no further, character of the distinction between ease
e.g., they do not oblige tho owner of the ments of necessity and easements of con
servient tenement as such in any active venience, it is uselt ss to make that distinc
sense to augment the measure of the ease- tion , although a true one, the cardinal
ment, or even to facilitate the enjoyment of division in an enumeration of the varieties
it , as, for example, by widening or clearing of casements, which are much more use -
out a dam or watercourse, scouring a sewer, fully referred to the natural rights of user,
and such like ( Pomfret v. Ricroft, 1 Wms. upon which they are restrictions ; and upon
Saund . 557 ). that principle they may be enumerated
:
Easements are of various kinds, being generally as follows :
either, I. With reference to Air. Every private
( 1. ) Easements of necessity ; or, owner having a natural right, recognised
(2.) Easements of convenience. by the Common Law of England, to PURITY
An easement of necessity is one without OF AIR, the easement relative to that natural
which one's neighbour or the owner of the right is the following one, namely :
property adjoining could not pursue his ( 1.) A right to pollute the air ( Flight v.
trade or enjoy his property at all, and not Thomas, 10 A. & E. 590 ) to an extent jus
merely with less readiness or comfort ; and titied by the customary business of the
with reference to easements of that kind , locality ( Walter v. Selfe, 4 De G. & Sm .
the law implies or assumes a grant of them , 315 ), but not further ( St. Helen's Smelting
and dispenses with the production of the Co. v. Tipping , 11 H. L. C. 650 ) ; and
grant. An easement of convenience is one it makes no difference whether the party
by which one's neighbour, or the owner of complaining of the pollution comes to the
the property adjoining, pursues his trade nuisance or not ( Bliss v. Hall, 4 Bing.
or enjoys his property in a readier or more N.C. 183 ) ; at any rate, where material in
comfortable way, but which he might also jury, as distinguished from niere personal
do without, although not so well. discomfort, is the result of it. St. Helen's
An easement which under certain cir- Smelting Co. v. Tipping, supra ).
cumstances is merely one of convenience Again, no private owner having a natural
may, under certain other circumstances, be right recognised by the Common Law of
one of necessity, or almost of necessity. England to the FREE PASSAGE OF Air, the
Thus, given the natural state of land, the ea sements relative to the absence of such
only easement of necessity is a road or right natural right are the following two,
ofaccess to it of the simplest character over namely :
the adjoining land when it is surrounded (2.) A right to the free passage of air
by such latter land and there is no public ( Trahern's Case, Godb. 233 ); but such a
highway running to it ; and under such a right seems now to be discouraged by the
state of circumstances all other easements, law (Webb_v. Bird , 10 C. B. ( N.S. ) 268 ;
whether in the shape of ways, or in other Bryant v. Lefever, 4 C. P. Div. 172 ).
shape or shapes, are easements of conve- (3.) A right to send noise through the
nience merely. But given an artificial air ( Roskell v. Whitworth , 19 W. R. 201 ),
state of land, e.g., land which has been and i.e., to vibrate the air, and structures within
is applied to manufacturing processes, the the circle of the vibration .
easement of necessity in the shape of a II. With reference to Light. No private
right of access to it under the like circum- owner having a natural right recognised
stances as above continues to exist ; but by the Common Law of England to the
that easement, instead of being now a way FREE PASSAGE OF LIGHT, the easement rela
of the simplest character, is enlarged into tive to the absence of such natural right
a wider way, for numerous purposes other is the following oue, namely :
than the mere right of personal access, and (4. ) A right to the free passage of light
although to the extent of such enlarge- ( Aldred's Case, 6 Rep. 54 ), which right,if it
ments of it, it would be an easement of arise in virtue of the Prescription Act, is
convenience and not of necessity in the an absolute and indefeasible right as well
EASEMENT8- continued . EASEMENTS — continued .

for the present as for all possible future recognised by the Common Law of England
purposes ( Yates v. Jack, L. R. I Ch. App in respect of the contiguous land, whether
295 ); but if it arise from express grant, adjacent or subjacent, that is to say, the
the right is limited to the amount of light two following natural rights, namely :
accustomed ti) pass at the time of the ( a .) A right to ADJACENT sufficient while
grant ( Yates v. Jack ,supra ) ; and if it arise SUPPORT, and his land is in
erson sells
from implie l grant,as where a (1. ) A right to SUBJACENT its natural
a house with windows overlooking land SUPI'ORT state ,
which he retains, the right is limited in The easements which are relative to these
like manner as upon an express grant. If, respective natural rights are the following
however, the easement is exceeded, that three, namely
does not entitle the servient owner to ( 8. ) A riglit of support from under
obstru « t the free passage of the accustomed ground water ( Popplewell v. Hodkinson,
light, although he is unable without doing L. R. 4 Ex . 248 ) ;
so to obstruct the passage of the excess (9. ) A right of support for land built
( Tapling v . Jones, 11 H. L. C. 290 ) ; and upon , or for buildings (Humphrits v. Brog
the dominant owner, in case the accus- den , 12 Q. B. 749 ), or otherwise rendered
tomed light is obstructel, may have cither more liable to subside ( Harris v. Ryding,
damages alone, in a few rare cases (Heath 5 M. & W. 71 ) ; and conversely
v. Bucknal , L. R. 8 Eq. 17 ) ; or an injunc- ( 10. ) A right to cause a subsidence of
tion and damages both ( Straight v. Burn, land (Chadwick v. Trower, 6 Bing. N. C. 1 ).
L. R. 5 Ch. App. 166 ; Aynsley v. Glover, V. With reference to Ways. Every pri
L. R. 18 Eq . 514 ; N. P. P. Insurance Co. vate owner having an exclusive natural
RIGHT OF WAY recognised by the Common
v. P. Assurance Co., 6 Ch. Div. 757 ).
III. With reference to Water. Every Law of England over and throughout his
private owner, being a riparian owner, private property, the easement relative to
having certain natural rights recognised by that natural right is ,
the Common Law of England in respect of ( 11. ) A private right of way in an ad
natural streams, whether constant or inter- joining private owner ; and
mittent, of a known and definite course, The easement consisting of a private
anil not being artificial or underground, right of way may be either limited or
that is to say, tie thiee following natural unlimited in extent, as being either aa foot
rights, namely : path, a bridle-path , a carriage way, a drift
( a .) A right to the NATURAL FLOW of way, or any other way.
the water ; See title HighwaYS.
(6.) A right to the NATURAL PURITY of Easements being considered odious in
the water ; and law , because they are restrictions upon the
(c.) A right to take the water for NATURAL free use of property in others, no other
USE, and whether for the entire or easements than those above enumerated
partial consumption of the water have been established, the following at
taken , tenpts to create new easements having
The casements relative to those respec- failed ,
tive natural rights are the following three, ( 1. ) A right of prospect (Aldred's Case,
namely : 9 Rep. 58 ; Att.-Gen. v. Doughty, 2 Ves.
( 5. ) A right to divert the water ( Bealey 453 ) ;
v. Shaw , 6 East, 209), including the right (2. ) A right of view to a shop -window
to a watercourse ; and also a right to ( Smith v. Owen , 35 L. J. (Ch. ) 317) ;
pen back the water ( Wright v. Howard , (3.) A right of undisturbed privacy,
i Sim . & S. 190) ; including the right to ( Turner v. Spooner, 30 L. J. ( Ch .) 803 ; Ke
flood another's land in penning back the Penny and the South Eastern Ry. Co., 7
Water. E. & B. 660 ) ; and
(6. ) A right to pollute the water ( Hall (4.) A right to the free passage of wind
v. Lund, 1 H. & C. 676), not exceeding the to a windmill ( Webb v. Bird , 10 C. B.
measure of pollution which the casement (N.S.) 268) ; Bryant v. Lefever, 4 C. P. D.
authorizes (Goldsmid v. Tunbridge Wells 172 ) .
Improvement Commisioners, L. R.Ch.App. The apparent easement in these four
319 ; Crossley v. Lightowler, L. R. 2 Ch . cases, and in all such like cases, where
App. 476 ). any such exists, is in the nature of a licence
(7.) A right to take the water for extra- only, particular or general, which is per
ordinary uses and purposes ( Earl of Sunl. sonal to the licensor and not binding on liis
vich v. Great Northern Ry. Co., 10 c'h . Div. successors in the quasi servient tenement.
707 ). See title LICENCE .
IV. With reference to Support. Every Easements must be proved either by the
private owner having certain natural rights | production of the instrument which creates
EASEMENTS — continued . EASEMENTS — continued .
them , or ( in the case of its loss), by pre- admissible is that of some consent or agree
scription , whether at the Common Law, or ment in writing (under hand and seal, or
(but in certain cases only ) under statute. under hand only ), expressly granting the
And those two modes of proof are also the right of enjoyment (s. 2 ) ; and for the ac
modes of the acquisition of casements. quisition of any access of light, or of any
The most usual instrument whereby an use of light, there shall be actual enjoy
easement is created is a deed of grant, ment thereof without interruption for the
which again may either in so many words full period of twenty years, and if proof of
expressly create the easement (in which such enjoyment is produced, the only ad
case the easement exists by reason of the verse proof admissible is that of some con
express grant, and the production of such sent or agreement in writing ( under hand
grant is the proof of its existence ), or and seal, or under hand only ), expressly
only impliedly create the easement (in granting the right of enjoyment (s. 3.)
which case the easement exists by reason By the decision in Flight v. Thomas ( 11
of the implied grant, and the proof of the A. & E. 688 ; 8 Cl. & F. 231 ), taken in con
existence of such grant lies in the produc- nection with the 4th section of the Pre
tion of an express grant involving as a scription Act, the actual enjoyment for
necessary incident to it the implied grant of twenty years in the case of light is prac
the particular easement, and the withhold- tically reduced to nineteen years ; and
ing of which easement would therefore be the actual enjoyment for twenty years,
in derogation of the express grant). Also, or for forty years, in the case of any
the instrument of the citation of the sort of way, or watercourse, or water, is
easement may be a will , an Act of Parlia- also practically reduced to nineteen years
ment, or a custom even ; but such modes or thirty- nine years, as the case njay be.
are not usefully distinguished from a grant Moreover, the periods of twenty years and
by deed. forty years respectively are to be reckoned
Again, the easement may arise by pre- backwards from suit or action bringing the
scription, and that, either easements into dispute ( s. 4 ) ; and it has
( 1.) At the Common Law , that is to been determined that the actual enjoyment
say, upon proof of uninterrupted user, for must therefore have continued to within one
twenty years (Mounsey v. Ismay, 3 H. & C. year at the very longest from the com
486), which is considered as implying a mencement of the suit or action ( Parker v.
grant, in the absence of contrary evi. Mitchell, 6 Ex . 825 ). Where actual user
dence ; or before and after a period of intermission is
(2. ) Under the Prescription Act (2 & 3 proved, the user is taken to have been un
Will. 4, c. 71 ), which , however, relates to interrupted or continuous ( Carr v. Foster,
only a limited number of easements, that 3 Q. B. 581 ). The 7th and 8th sections
is to say, the following : of the Act provide for the case of persons
(a.) Any way or other easement ejusdem under the disabilities therein specified of
generis ( Webb v. Bird, 12 C B. disputing the easement during the period
(N.S. ) 268 ; 13 C. B. (N.S.) 811 ) ; of its adverse acquisition . In all other
( 6. ) Any watercourse ; respects the acquisition of an easement
(c. ) The use of any water ; under the Prescription Act is regulated
( d .) Access of light ( N. P. P. Insurance by the same principles as the acquisition
Co. v. P. Assurance Co., 6 Ch. of an easement by prescription at Common
Div. 757) ; and Law .
(e.) Use of light. The varieties of adverse proof (when
The statute has provided that for the admissible) to the claim of an easement
acquisition of any sort of way, or of any by prescription are the following :
watercourse, or of the use of any water, ( 1.) Proof of the legal impossibility of
there shall be actual enjoyment thereof the grant which is implied ;
without interruption for the full period of (2.) Proof of the extinguishment of the
twenty years, and if proof of such enjoy easement by unity of seisin or
ment is produced, any adverse proof pur otherwise ;
porting to sbew merely that the easement (3.) Proof of the improbability of the
had its origin in respect of time on this grant ; and
side of the reign of Richard I., although (4.) Proof of the inability of the servient
beyond the period of twenty years, shall be owner to resist the user.
excluded, but any adverse proof of a dif- Thus, where the grant would have been
ferent effect is admissible, unless in cases void by reason of some Act of Parliament
where proof of the actual enjoyment of the ( Rochdale Canal Co. v. Radcliffe, 18 Q. B.
easement without interruption for the full 287 ), or where the servient owner was
period of forty years is produced, in which legally incapable to make the grant ( Win
latter class of cases the only adverse proof | ship v. Hudspeth, 10 Exch . 5 ), or was
EASEMENTS — continued . EASEMENTS — continued .

ignorant of the user ( Daniel v. North, 11 an action for the pollution of air can in
East, 370 ), e.g., in the case of an alleged general only be maintained by the person
right to support from buildings (Solomon in present occupation, and not by the re
v. Vintners ' Co. 12 Q. B. 739 ), there is no versioner ( Simpson v. Savage, 1 C. B. (N.S .)
easement . 347 ), that injury being necessarily of a
In case the owner of the dominant tene temporary nature. At the same time, if
ment is bindered in his enjoyment of the the injury is likely in any case to be of a
easement, in other words, in the case of a permanent character, the reversioner may
disturbance of his easement, he has the proceedings
takeTounend for its suppression ( Wilson
following remedies :-- v. , 1 Dr. & Sm . 321) , e g. , for the
( 1. ) An action on the case at Law or in locking of a gate ( Kidgill v. Moor, 9 C. B.
Equity for the disturbance, bringing da 36+).
mages for the disturbances that are past, A defendant to an action for disturbance
but not for such as have been committed may plead in justification that the plaintiff
since the commencement of the action , or was exceeding the rightful enjoyment of
are yet to come, it being a rule that the his easement, and that he the defendant,
damages must not be for cause of action merely obstructed the plaintiff's encroach
subsequent to the action in which they are ment; and this plea is good, even although
recovered (2 Saund. 174, a, b). But an the defendant's obstruction of plaintiff's
injunction against further disturbance may encroachment has obstructed also the plain
be obtained in the action ( Wood v. Sutcliffe, tiff's lawful enjoyment ( Cawkwell v. Rus
21 L. J. (Ch.) 255 ; Soames v. Edge, Jolins. sell, 26 L. J. ( Ex.) 34 ), with the single
669). exception of light, as to which the plea
And every continuing trespass is a fresh would be bad ( Tapling v. Jones, 11 H, L.
trespass. C. 290). And it seems that when an ease
( 2.) The remedy by abatement of the ment of light has been acquired under
disturbance as a nuisance is also available the Prescription Act, there can be no en
to the person entitled to the easement croachment, inasmuch as the user is for all
( Rex v. Roswell, 2 Salk . 459) ; but the purposes, future as well as present ( Yates
abatement generally evolves a trespass v. Jack, L. R. 1 Ch . Ap. 295), although
quare clausum fregit (Arnold v. Jefferson, where the easement exists under an express
Holt, 498 ) ; and is for other reasons also to grant the user is measured by the words of
be discouraged (Hyne v. Graham , 1 H. & the grant.
C. 598). Lastly, easements although once valiilly
For the maintenance of an action for the existing may have become extinguished
disturbance of an easement, as also for or suspended. Thus, in the event of the
interference with a natural right, it is dominant and servient tenement becoming
essential that actual damage should have united in one owner who is legally seised
been sustained (Bonomi v . Backhouse, thereof, the easement as such is necessarily
9 H. L. C. 503 ), unless where the disturb either extinguished or suspended, upon the
ance amounts to or involves a trespass, maxim nulli res sua servit ( Sury v . Pigott,
in which latter case the law presumes Pop. 166 ). But in such event, if the ease
the damage ( Smith v. Thackerah, L. R. 1 ment is of the quality styled apparent and
C. P. 561). And where the disturbance continuous, that is to say, if the existence of
may be regarded as an injury to the right the easement is apparent to the eye, and
itself, and the repetition of which injury those appearances continue after the unity
would tend to destroy or prejudice the of ownership then it may be concluded from
right, that tendency isa sufficient damage the cases of Suffield v. Brown (33 L. J.
( Harrop v . Hirst, L. R. 4 Ex. 43). But a ( Ch .) 349) ; Crossley v. Lightowler ( L. R.
mere possibility of damage at some future 2 Ch . Ap. 486 ; and Wheeldon v. Burrows,
period, unaccompanied with any present 12 Ch . Div. 31 ), that if the once-dominant
damage, is insufficient to sustain the action tenement is sold , the easement revives
( Jackson v. Newcastle ( Duke), 33 L. J. ( Ch .) without any fresh creation by grant or
698 ), otherwise, and is taken to have been sus
The right of action sometimes varies pended merely, but that if the once servient
according as the disturbance affects the tenement is sold, the easement ( unless,
dominant occupier only, or the dominant semble, it be an easement of necessity ) does
reversioner as well , it being sufficient in not revive without some fresh creation by
the case of the latter, that there sliould be reservation or otherwise, and is taken to
a reasonable probability of damage to his have been extinguished ; and the like rule
reversion arising from the fact of the denial applies in the case of those rights or quasi
of the right of easenient generally (Metro easements, being apparent and continuous,
politan Industrial Dwellings Association v. which the common owner has exercised
Petch, 5 C. B. (N.S.) 504). For example, over one portion of his land for the benefit
EASEMENTS- continued. ECCLESIASTICAL CORPORATION
of the other portion of it, where the two continued .
portions, being respectively the quasi ser (e.g.,dean and chapter of cathedral). Eccle
vient and quasi-dominant lands, was not siastical corporations aggregate are subject
prior to the unity of ownership, the proper to the law regarding corporations generally
ties of several owners . ( see title CORPORATION ); but both they
Where an casement ( like a natural right) and ecclesiastical corporations sole are
is suspended merely, it revives (like a subject to many statutes regulating their
natural right) upon the removal of the cause administration of their respective church
of the suspension ( Bower v. Hill, 2 Biog. estates, -such statutes being some of them
( N.C. ) 339 ) ; on the other hand , where an called enabling statutes, and others of
easement ( unlike a natural right) is extin them disabling statutes.
guished altogether, it does not revive See titles DISABLING STATUTES ; EN
merely upon the removal of the cause of ABLING STATUTES.
the extinguishment, but requires in addi ECCLESIASTICAL COURTS .: See titles
tion for its revival, or rather re-establish COURTS ECCLESJASTICAL ; Courts of Jus
ment, a re- grant thereof (Bower v. Hill, TICE.
supra ). ECCLESIASTICAL LAW. Is the law
EASEMENTS -QUASI. Some rights very which relates to the ordering of public
like easements have grown up and attached
by customary enjoyment to the inhabitants worsbip, the ordination of clergymen, and
their conduct as well in their personal as
of definitive districts, e.g. , the right of free in their professional capacities . This law
men and citizens of a town to have horse . does not extend to the freehold interests
races on some individual's land on a parti of ecclesiastics, or to matters of a personal -
cular day or days of the year (Mounsey v . character arising adversely to them , -their
Ixmuy, 1 H. & Č. 729 ; 3 8. & C.486 );the freehold rights and all matters affecting
right of victuallers of a manor to erect adversely their personalty or their person
booths on the waste during fair-days ( Tyson or reputation being within the exclusive
v. Smith, 9 A. & E 406 ) ; the right of the jurisdiction of the Common Law and Equity
inhabitants of a village to dance or have tribunals. The exact detinition between tlie
other games on a particular close at certain limits of the ecclesiastir al jurisdiction and
si asons ( Albot v . Weekly, 1 Lev. 176 ; the limits of the secular or Common Law
Warrick v. Queen's College, L. R. 10 Eq . jurisdiction was the subject of very acri.
129 ). No such rights belong to the public monious dispute in early times, but was
at large (Coventry ( Earl) v. Willes, 9 L. T. practically settled by Henry II . in the
( N.S. ) 381). Constitutions of Clarendon, 1164 A.D.
EAT INDE SINE DIE. When judgment See titles ADVOWSON ; ARTICLES OF
is given for the defendant, and the cause RELIGION, THIRTY -NINE ; CLERGY,
is at an end, he may go thence without a BENEFIT OF ; CLERGYMEN ; COURTS ,
day, i.e., without any further adjournment ECCLESIASTICAL ; &c.
and continuance of the cause ; in effect,
therefore, these words are a judgment that EDICT. Was the name descriptive of
the law promulgated by certain magistrates
the king's writ commanding the defendant's ( e.g., praetors, aediles, & c.), and which held
attendance has now been fully satisfied ,
and that he is free to go. good during their period of office only .
See title Sine Die . That portion of it which was re-enacted by
their successors was called the edictum
ECCLESIA FUNGITUR VICE MINORIS . tralatitium, from transferre, to transfer or
The church is like an infant, in that it can carry forward. In Hadrian's reign, the
make its condition better but not worse existing edict was fixed for continuous use
(Co. Litt. 341 ) ; and the Crown is therefore without the need of yearly promulgation ,
its guardian ( 11 Co. Rep. 49 ). and for that reason it was called the edic
ECCLESIASTICAL COMMISSIONERS. tum perpetuum , or “ continuous," receiving
These are a body of men constituted under sometimes the additional name of Sal
the stats . 6 & 7 Will . 4, c. 77, 3 & 4 Vict. vianum from Julius Salvius, its compiler.
c. 86 , and 29 & 30 Vict. c. 18, for the Latterly the emperor propounded further
general management and supervision of edicts ( sre title ConstiTUTIONES ). An edict
the estates of the Church , being either of the emperor is like a proclamation of the
episcopal or capitular, and for the proper Queen .
application of the revenues or produce See title PROCLAMATION, ROYAL .
thereof in support and extension of the EDUCATION : See title SCHOOLS.
Church . EFFLUXION OF TIME. When this
ECCLESIASTICAL CORPORATION . May phrase is used in leases, conveyances, and
be either sole (e.g., bishop) or aggregate other like deeds, or in agreements expressed
EFFLUXION OF TIME - continued . EJECTMENT. This is an action for the

in simple writing, it indicates the conclu recovery of land. The action originated
sion or expiration of an agreed term of as far back as the reign of Edward III.,
years specitied in the deed or writiny, such and was then a species of personal action
conclusion or expiration arising in the brought to recover damages only for the
natural course of events, in contradistinc ouster. But towards the end of the 15th
tion to the determination of the term by the century the possession , it was decided ,
act of the parties or by some unexpected might be recovered by it. From that time
or unusual incident or other sudden event. until the C. L. P. Act, 1852, the action
See title DETERMINATION . was encumbered to a very large extent with
fictions, buing in the form of Doe Thomas
EIGNÉ. This word is a corruption of V. Richard d . Roe, the first-mentioned
the French word aisné or ainé, meaning person, viz., Doe, being the nominal
eldest. The phrase is usually found in plaintiff only ; the second -mentioned per
connection with bastard, and a bastard son, viz., Thomas, the real plaintiff, and
eigné is commonly used to describe a son who was commonly called the lessor of the
born before the intermarriage of his pa plaintiff'; the third -mentioned person , viz.,
rents, in contradistinction to a mulier Richard , being the tenant in possession ;
puisne, who is the second or other son born and the fourth -mentioned person, viz., Roe,
of the same parents subsequently to their being the imaginary ejector, and who was
intermarriage. By the laws of England , commonly called the casual ejector. The
and in particular by a clause in the Statute declaration was the first step in the action ,
of Merton (20 Hen. 3, c. 9 ), a bastard eigné and was framed in trespuss and ejectment
remains a bastard even after the inter between Doe v. Roe ; it was served upon
marriage of his parents, and as such is the tenant in possession, who or bis land
incapable of inheriting from or through lord thereupon obtained aa “ consent rule "
either of his parents ; and neither is he of the Court to appear and defend the action ,
their, or either of their, next of kin. By admitting the fictitious lease, entry, and
the laws of some other countries (e.g., of ouster, and consenting to defend the action
Scotland ) he becomes legitimate upon the upon the strength of his title and nothing
intermarriage of his parents; and even by else. Thereafter the question came on to
the laws of England, he has, semble, a be tried upon its merits, and was in sub
modified right of inheriting to his parents stance the following :-Whether the lessor
or either of them in this way, namely, that of the plaintiff , on the day when he was
if he enters upon the lands of his parent alleged to have made the lease to John
upon the parent's death , and afterwards Doe, and from thence until the service of
dies seised thereof, his issue succeeding the declaration , was entitled to the pro
him in the possession of the lanıls may perty in question ; if the verdict was in the
hold and enjoy the same as against the affirmative, the plaintiff recovered ; and if
mulier puisne and his heirs. in the negative, then the defendant re
EIRE, or EYRE. This word is a French mained in possession, and also recovered
corruption of the Latin word iter, and his costs of the action from the lessor of
means a way. The word usually occurs the plaintiff.
only in the phrase justices in eyre, called Latterly, under the C. L. P. Act, 1852,
aiso justices itinerant, a body of judges who ss. 168, 221 , the mode of proceeding in
were instituted for the first time in 1176 ejectment was as follows :
by an Act of the Parliament held at North ( 1. ) In cases other than between land.
ampton in that year. Under that Act the lord and tenant ,--A writ of summons was
kingdom was divided into six circuits, and issued precis ly as in a personal action ,
and was directed to the persons in posses
these newly created judges were commis
sioned to travel though the various coun sion, and to all persons entitled to defend
ties comprised in the several circuits, and the possession ; and it described with a
therein to administer justice upon writs reasonable certainty the property claimed .
The writ also stated the names of all per
so -called of assize ( see title Assise). It is sons in whom the title was alleged to be,
from this early institution that the present and commanded the persons to whom it
justices of assize and nisi prius are histo
rically derived . was directed to appear within sixteen
See title COURTS OF JUSTICE. days after service thereof to defend the
possession, and gave notice that in de
EJECTIONE CUSTODIÆ. This phrase, fault of appearance they would be turned out
which is the Latin equivalent for the of possession. The writ remained in force
French ejectment de garde, was the title for three months, and was to be served per
of a writ which lay for a guardian when sonally if possible. Immediately upon
turned out of any land of his ward during service the tepant in possession was forth
the minority of the latter. with to give notice thereof to his landlord ,
0
EJECTMENT - continued . EJECTMENT - continued .
who might by leave of the Court or a judge is as follows :—Before com
appear and defend. An appearance having mencing the action, a demand

been entered , an issue might be made up must be made for the rent, and
without any pleadings, by the plaintiff usually by the landlord in per
merely setting forth the writ, and stating son, upon the land, on the last
the fact and date of appearance ; and the day limited for payment to save
sheriff was directed to summon a jury. The a forfeiture, and at sunset of that
issue was then delivered by the plaintiff to day. If the tenant fails to pay,
the opposite party, and the action came on then the proceedings in ejectment
for trial in theusual way. The question are to be taken as in an eject
for trial was, in substance, whether the ment between strangers explained
statement in the writ of the plaintiff's title above .
was true or false, and if true, then which of (6.) If there be no sufficient distress
the plaintiffs, if more than one, was en on the premises to answer the
titled, and whether to the whole or to what amount of rent due, and one
part ; and then, according to the verdict, half year's rent is due.- The pro
the plaintiff recovered or not. But in a ceeding in this case is under the
proper case a special verlict might be C. L. P. Act, 1852 , s. 210, and is
found, and either party might tender a bill as follows : -- The landlord or his
of exceptions. The damages for the in agent must make a search over
terim detention of the property were in the land to prove the insufficiency
general recovered in an action of trespass of the property thereon to answer
for mesne profits. the distress, and must furnish
The plaintiff if successful then obtained himself with proof thereof for
a writ of execution , called a writ of habere the satisfaction of the Court.
facias possessionem , the writ being directed Thereafter the writ is the saine
to the sheriff as in the usual case . as in the ordinary case of eject
In case the judgment was afterwards ment as between persons who are
reversed in error or on appeal, a writ of strangers to each other, as ex
restitution must be awarded . plained above. See Smith's Action
Under the present practice, the action of at Law , 398-429.
ejectment ( now called an action for the re EJUSDEM GENERIS CONSTRUCTION .
covery of land ) is like any other action, and
is commenced with a writ of summons in It is a rule of legal construction that gene
dorsed with a claim to recover the land ral words following an enumeration of par
specified, and served on the tenant in ticulars are to have their generality limited
possession or ( in the case of vacant pre by reference to the preceding particular
mises) posted up in a conspicuous place enumeration, and to be construed as includ
upon them ; and of which writ the tenant ing only all other articles of the like nature
immediately gives notice to his landlord , and quality. See an example of this con
and the landlord by leave defends the struction in Elliott v. Bishop, 10 Ex : Ch .
action either as to the entire land claimed 4, 96 ; 11 Ex. Ch. 113.
or as to such part thereof as he specifies in ELDER TITLE. A title older in point
his memorandum of appearance to the writ of existence coming simultaneously into
or in a notice delivered by him to the plain operation
tiff within four days after appearance. The called the with title of younger origin, is
elderatitle, and prevails.
modern action has the usual pleadings, and See title FIRMIOR OPERATIO LEGIS.
is in all other respects tried, and the ver
dict therein and judgment thereon obtained ELECTION Is the name of a head of
and enforced, as in an ordinary action , the Equity jurisprudence, which directs as
writ habere facias possessionem being now follows : - Where, by one aud the same
called simply a writ of possession . instrument, property belonging to A. is
(2. ) In cases between landlord and given away to B. without the consent of
tenant. - Putting aside the provisions made A., and other property of the testator's or
by statute for the recovery of small tene- settlor's own is at the same time given to
ments for causes sufficient to support an A , without any erpress condition that A.
ejectment, the mode of ejectment between is to take the latter property only if he
landlord and tenant is as follows : consents to give up his own property to
( a .) If there be a sufficient distress on B., then there is an implied condition to
the premises to answer the that effect : nevertheless if A. will keep
amount of rent due.-The pro- his own property, he is only bound to
ceeding in this case must be by give up to B. an equivalent for it out of the
the Common Law , and not un- property of the testator or settlor which is
der the C. L. P. Act, 1852, and given to himself, and he may thereafter
ELECTION - continued . ELECTION COMMITTEE — continued .

keep the difference and also his own pro- election of its own members. Its mode of
perty, compensation and not forfeiture | proceeding was regulated by the Act 4 & 5
being the rule in all cases of election . Vict. c. 58, which prescribed a remedy by
The question of election is sometimes petition in favour of the party aggrieved,
encumbered by part of the property given whether he were a candidate for election
being the subject of a special power of or an elector, and to which petition the
appointment among children or other member actually returned was made re
limited class of objects ; but the rule in spondent. The petition was, in the first
these cases, although somewhat more en- instance, delivered by either party to the
cumbered in its details, is in substance the general elections committee appointed by
same, viz. : the House at the commencement of the
( 1. ) When the intended appointees of the session , and was then referred by that
property are also the personis entitled in committee to the Select Committee, which
default, then in every such case : consisted of a chairman and six other
( a .) If the testator gives thein some members. This select committee, being
property of his own , and gives sworn duly to try the matter, were em
away either the whole or part of powered for that purpose to examine wit
the appointment property to other nesses on oath ; and by the majority of
persons who are not objects of their voices they determived the validity
the power at all, the intended or invalidity of the past return , together
appointees are put to their with consequential findings. These elec
election ( Whistler v. Webster, tion committees have been superseded by
2 Ves. Jun . 367) ; but the Parliamentary Elections Act, 1868 (31
(6. ) If the testator gives them no & 32 Vict. c. 125), which has provided in
property of his own , under the effect as follows:
like circumstances, they are not A petition complaining of an undue re
put to their election ( Bristowe v. turn is to be presented in the Court of
Warde, 2 Ves. Jun. 336). Commun Pleas by any one who either
(2.) Where the intended appointees are voted or had a right to vote at the elec
not also entitled in default, but some other tion, or by the deftated candidate ; and
person or persons are entitled in default of such election petition (as it is called ) is to
appointment, inasmuch as in this case , be tried before a puisne judge of the supe
clearly, the dovee of the power has the rior Courts, three such judges ( to be called
intended appointees, and (although to a less the election judges), being chosen for this
extent) the person or persons entitled purpose from among the judges of those
in defuult, under his entire control, to Courts respectively . The trial is to take
give or not to give the property to them : place, in the case of a borough election, in
( a .) The intended appointees cannot the borough, and in the case of a county
complain whatever the donee of election, in the county , excepting in excep
the power should do, and must tional cases ; and at the conclusion of the
simply be thankful for what they trial the judge is to declare the validity or
get; but invalidity of the return, and who is duly
(6.) The person or persons entitled in elected, or whether the election is wholly
default have a right to say that, void, and is to certify his determination to
an improper appointment being the Speaker of the House of Commons, and
no appointment at all, they are the di termination so certiticd is final to all
entitled to all that part of the intents and purposes .
property which is improperly ELECTION JUDGES : See title ELECTION
appointed ; and if the appointor COMMITTEE
wants to shut them up from com
plaining of and defeating his ELECTIONS, COMMONS' RIGHTS IN .
improper appointment, he must At the election for Bucks, in 1604, Sir
give them some property of his Francis Goodwin was chosen in pre !erence
own , as a sop to pacify them ;" to Sir John Fortescue. Now Goodwin was
for otherwise they will not be put an outlaw, and the King, by proclamation
to their election . But if he does of the previous year, had forbidden the
give them some property of his return of such persons as members ; ac
own , they will be put to their cordingly, the return made by the sheriff
election, according to the general into Chancery was sent back to the sheriff,
rule . and a second election was directed to be
made, upon which latter election, Sir John
ELECTION COMMITTEE. This was a Fortescue was returned .
committee of the House of Commons ap- With this interference in election
pointed to inquire into the validity of the matters on the part of the King, the Com
02
ELECTIONS, COMMONS' RIGHTS IN- ELECTIONS, COMMONS' RIGHTS IN
-- continued . continued .
mons were greatly annoyed, and they re- was the occasion of the Cominons passing
solved that the election of Goodwin was a succession of resolutions re -affirming in
lawful. The Lords thereupon requested stronger terms their own exclusive juris
the Commons to explain the matter ; but diction in election matters and in other
the Commons answered , that it was not con- matters incident thereto.
sistent with the dignity or the practice of See title ELECTION COMMITTEE.
their House to account for their proceed ELECTIONS, CROWN'S INFLUENCE
ings. The King thereupon directed a con
ference between the Lords and Commons IN. By the stat. 28 Elw . 1, st. 3, c. 8, the
upor. the matter, and afterwards a second power to elect the sheriffs had been given
conference between the Commons and the to the people, but that power was trans
ferred to the king by the stat. 9 Edw. 2,
judges ; but the Commons refused to obey st. 2, and the election of sheriffs was ren
either direction , whereupon the King com dered annual and the old sheriff's made re
manded the same as an absolute monarch .
Upon this, the Commons yielded , and the eligible by the stat. 14 Edw . 3, st. 1 , c. 7,
Now ...
conference between them and the judges ( 1. ) The first mode in which the Crown
came off and ended in both members being en deavoured to infuence elections was fur
set aside and a writ issned for a new elec
nished by this attitude of the sheriffs to the
tion, the King dirueting that all the pro Crown ; for the sheriff being the nominee
ceedings in the matter should be erased
of the Crown and being anxious to retain a
from the journals. lucrative and influential position , it was a
Subsequently, in the year following matter of policy on his part to return mem
(1601-5 ), the Commons delivered to the bers who should support the Crown, and to
King a declaration of their rights, and omit altogether (as he was well able in
which declaration ( entitle ? “ A Form of those times to do ), the return of members
Apology and Satisfactioa " ) was to the from boroughs not well disposed towards
following effect : the Crown.
“ ( 1.) That the privileges and liberties In later times, other modes were adopted
of the Commons are their right and their by the Crown to influence elections, namely ,
inheritance no less than their very lands the following ,
and goods, and that the same privileges (2. ) The creation of new boroughs. e.g.,
and liberties are not given up by the Elward VI . created 22, Mary 11; Eliza
customary request made by the Commons beth over 50, and James I. about as many ;
at the commencement of parliaments, that (3. ) The dispatch of circular letters to
they may enjoy their privileges and liber the nubility and influential gentry in the
ties as in times past, for thit such request provinces . e.g., in the reigns notably of
is a mere act of courtesy on their part; Edward VI . and James II . ;
“ ( 2. ) That their House is a Court of
Record , and that there is no Court in the (4.) The securing a favourable party in
the Commons, eg.,by means of the under
kingdom which can compare with the takers of James I., being five in number
High Court of Parliament : ( Neville, Yelverton , Hyde, Crew, and
“ ( 3.) That the House of Commons is the
sole proper judge of election matters ; and Digges), who undertook to keep up a favour
66
* (1 .) That the power of the High Court able m i jority for the king ;
(5. ) The re-modelling or purging of
of Parliament being above the Law is not corporations, e.g., by James II., by means
founded on the Common Law , but that
of his Regulators of Corporations ; and
Court bas rights and privileges peculiar to (6. ) The distribution of places and pen
itself."
These rights of the Commons in election sions by the sovereign and his ministers,
a mode of influence which was originated
matters were asserted with great vehemence and carried to excess in the reign of
and pertinacity in the case of Ashby v, George III ., and which has, more or less,
White in the years 1700-1703. That case continued almost until the present day.
was an action by the plaintiff (a qualified
elector) agưinst the defendant (the return- ELECTIONS, MUNICIPAL. Under the
ing officer for the borough of Aylesbury), stat. 5 & 6Will.4, c. 76, as amended by
the ground of complaint being the de- the stat. 32 & 33 Vict. c. 55, one year's
fendant's refusal to accept the plaintiff's occupation entitles a person to exercise
vote for a certain candidate, who was, how- the municipal franchise, and that whether
ever, elected member, so that there was no male or female, assuming that he or she is
damage, other than such damage as was not otherwise disqualitied . And in the
implied by law from the denial of plaintiffs case of the compound householder ( see title
right. The plaintiff eventually recovered COMPOUND HOUSEHOLDER ), the franchise
judytient in tbe House of Lords, and that extends to tach separate one of the joint
ELECTIONS, MUNICIPAL – continued . ELECTORAL FRANCHISE - continued .

occupiers. Personation at these elections that originally all the freeholders of the
is checked by 35 & 36 Vict. c. 33, and county, whether resident or not, elected
corrupt practices, the giving of refresh the members for the county ( 7 Hen. 4,
ments to voters included ( Hargreaves v. c. 15 ) ; that afterwards by the stat. 1 Hen . 5,
Simpson, 4 Q. B. Div. 403) are severely c. 1 , residence was made a necessary qua
punished under 35 & 36 Vict. c. 60, and lification ; that the number of electors
under the last-mentioned statute the elec occasioning turbulence, the forty shillings'
tion may be questioned on petition. The freehold qualification was imposed by
voting is by ballot under 35 & 36 Vict. 8 Hen. 6, c. 7 ; that the stat. 14 Geo. 3, c.
c. 33 ( Ballot Act, 1872), and the poll at a 58, dispensed with the qualification of resi
contested election is conducted in the same dence. More recently, by the Reform Act,
way (mutatis mutandis) as in the case of a 1832 , the electors for counties were in
contested parliamentary election . creased by the addition of copyholders and
leasebolders for terms of years and of
ELECTIONS, PARLIAMENTARY. The tenants at will , paying a rent of £ 50 a year.
writ for a parliamentary election issues II. In the case of Boroughs : It appears
upon a general election out of Chancery that originally the right of election in
(Petty Bag Ottice) by advice of the Privy these was very various, the chief varieties
Council ; and upon a vacancy (hy death or of qualification being the following :
otherwise ), the writ issues from the office ( 1 ) All inhabitant householders resi
of the Clerk of the Crown in Chancery dent within the borough ;
under the Speaker's warrant, and ( if Par (2.) All inhabitants paying “ scot and
liament is in session ) by order of the lot " ;
House itself. The writ is directed to the i.e., persons
returning officer (usually the sheriff, but
(3.) All “potwallers,"
( whether householders or lodgers) furnish
occasionally the mayor), who thereupon ing their own diet ;
proceeds to act upon it according to its (4.) All persons holding burgage lands ;
tenor, and gives all such notices and makes and
all such arrangements as are necessary for (5.) All persons enjoying corporate
holding the election. Under the Ballot
Act, 1872 (35 & 36 Vict. c. 33), the candi rights. And in some boroughstwo or more
of these qualifications might be combined .
date for election is nominated in writing, Afier many fruitless endeavours, extend
and the nomination is subscribed by two ing through the reigns of George III. and
registered electors as his proposer and George IV ., the Reform Act, 1832, regu
seconder, and by eight other registered lated therepresentation as follows: A £ 10
electors as persons assenting to the nomi household franchise was uniformly esta
nation ; such nomination is delivered to the blished in all boroughs, saving only the
returning officer. If at the time fixed for rights of corporate towns. Ultimately, by
the election, or one hour thereafter, there the Act 30 & 31 Vict. c. 102 ( the Repre
are no more candidates nominated than sentation of the People Act, 1867), which
vacancies to fill up, the returning officer at extends as well to counties as to boroughs,
once declares the nominated candidates the rights of election have been regulated
elected ; but if there are more candidates as follows : --
than vacancies, the returning officer adjourns I. In the case of Counties : Every person
the election, and takes a poll. The votes duly registered as a voter, and who is of
at the poll are given by ballot, and the full age and capacity, and who is the owner
result is ascertained by counting the votes ; of lands or tenements of freehold, copyhold,
in case of an equality, the returning officer or any other tenure whatever, for his own
has a casting vote. Personation at these life or pur autre vie, or for any larger
elections is made a felony punishable estate of the clear yearly value of not less
with imprisonment and bard labour. (See than £5, or who is entitled either as a lessee
for the latest practice in these matters, or assignce to the unexpired residue of a
Bushby's Election Manual, by Hardcastle, term of years which was originally for a
1874.) period of not less than sixty years, deter
ELECTORAL FRANCHISE . This phrase minable or nut on a life or lives, of the like
denotes most commonly the qualifications clear yearly value (s. 5 ) ;: or who has occu
of the persons entitled to elect members of pied for twelve months lands or tenements
parliament, whether in counties or in bo within the county of the rateable value of
roughs; although it may also apply to the £ 10, and has been rated for the same for
qualifications (now entirely repealed ) of the relief of the poor, and has paid such
persons entitled to become candidates for rate , (s. 6).
election. A brief history of the electoral II . In the case of Boroughs: Every
franchise at different periods is as follows: person duly registered as a voter, and who
I. In the case of Counties : It appears is of full age and capacity, and who has
ELECTORAL FRANCHISE - continued . ELISORS — continued .
for twelve months preceding been an in the Court, who for that matter are called
habitant occupier, whether as owner or elisors , and to whose array no challenge is
tenant, of any dwelliny -house within the allowed . The word elisors is by many sup
borough, and who has been rated for the posed to mean electors, from the French
same for the relief of the poor, and has paid élire, to elect.
such rates ; or who as a lodger bas occu ELOIGNMENT. When a defendant has
pied in the borough separately and as sole recovered judgment in an action of replevin ,
tenant for twelve months preceding the he obtains a writ of execution de retorno
same lodgings in a house of the clear yearly habendo, for the return of the things dis
value of £ 10 at the least, and has also re trained ; and in case the sheriff in execu
sided for that period in such lodgings (s. 5). ting this writ finds that the goods have
See title REPRESENTATION IN PARLIA been conveyed to places unknown to him ,
MENT .
so that be cannot execute the writ, he
ELEEMOSYNARY CORPORATION . Is makes a return to the writ, that the goods
a Charity. are eloigned, i.e., taken to a distance out
See title CHARITIES. of his jurisdiction or to some place un
known to him . This return of the sheriff
ELEGIT . This is a writ of execution , is called a return of elvignment or elongata .
and is so called because the plaintiff has The defendant is thereupon entitled to sue
chosen this particular writ in preference to out a writ of capias in withernam . Failing
others. The writ was first given by the satisfaction by that writ, the defendant
statute of Westminster the Second ( 13 may then sue out a scire facias against the
Edw . 1 ), c. 18, and has received a more plaintiff's pledges, to shew cause why the
extensive operation from the statute 1 & 2 price of the eloigned distress should not be
Vict. c. 110. The writ is available for the
recovery of either a debt or damages due made good out of the lands and goods of
the pledges ; and if no cause be shewn ,
upon a judgment or upon the forfeiture of then the plaintiff has execution against
a recognizance taken in the King's Court . the lands and goods of the pledges ; and in
By the Common Law (apart from statute), case the registrar of the county court who
a judgment creditor could come upon the granted the replevin has not taken pledges,
goods and chattels and the presently ac the defendant has an action on the case
cruing profits of the lands and heredita against him for his omission, and the
ments of his debtor ( the writ of execution damages arising therefrom .
for that purpose being either a fi. fa . or a
levari facias), but he could not come upon EMANCIPATIO : See title MANUMISSION,
the lands or hereditaments themselves so EMANCIPATION . In French Law , a
as to have the possession of them ; by the father or mother (being a widow ) may by
statutes before mentioned, he has been
enabled, by means of the writ of elegit, to a simple declaration emancipate a child at
the age of fifteen years ; and the marriage
appraise ( instead of selling) the goods and of a child , at whatever age, operates an
chattels of his debtor and to obtain a
delivery of the same to himself at such emancipation . An orphau of the age of
appraisement in part satisfaction of his eighteen years may be emancipated by a
judgment debt ; and in case his judgment decision of the conseil de famille. The
is not fully satisfied thereby, then the effects of emancipation are to render the
moiety (under 13 Edw . 1 , c. 18 ) or the child competent to act generally on his
entirety ( under 1 & 2 Vict. c. 110) of the own account in all matters of a purely ad
ministrative character; but he remains
lands themselves may be taken possession subject to all former disabilities in respect
of under the elegit. During such time as
the judgment creditor so holds the lands of the alienation of capital, of real estate
under his elegit, he is called a tenant by ( immeubles ), of loan transactions, and the
elegit, and his estate in the lands is a like. If a trader his cupacity is unlimited .
tenancy by elegit. Code Nap. 1 , 10, 3.
See title EXECUTION, WRIT OF. EMBARGO. Is the hindering or deten
ELEMENTARY SCHOOLS : See title tion by any government of ships of com
SCHOOLS.
merce in its ports. If the embargo is laid
upon ships belonging to citizens of the
ELISORS. If the sheriff who returns state imposing it, it is called a civil em
the jury in an action is himself an inte bargo, an example of which occurred in
rested party in the action , upon his array 1807 in the conduct of the United States ;
being quaslied, the jury is to be summoned on the other hand if (as more commonly
by the coroner ; and if the coroner's array happens) the embargo is laid upon ships
is also challenged and quashed , then the belonging to the enemy, it is called a
jury is to be summoned by two clerks of hostile embargo. The effect of this latter
EMBARGO — continued . EMBLEMENTS —-continued .

embargo is that the vessels detained are their estates otherwise than by
restored to the rightful owners if no war their own act or default.
follows, but are forfeited to the embargo But the following persons have no right
ing government if war does follow, the to emblements, notwithstanding the sudden
declaration of war being held to relate back determination of their tenancy :
to the original seizure and detention. See ( 1.) A tenant for life who determines
Wheaton, pp . 372–373. the tenancy by his or her own
EMBARRASSING PLEADING ; See title act, e.g., a widow who re -marries,
PLEADING. being only entitled during her
widowhood ;
EMBEZZLEMENT. May be roughly de (2.) A tenant at will or for years who
commits a forfeiture or other
fined as stealing, by clerks, servants, or
agents. It is not larceny,—that offence wise wilfully determines his own
involving a taking without the will of the tenancy ;
owner, which a clerk, servant, or agent (3.) A tenant at sufferance (7 M. & W.
who is entrusted to take cannot be said to 235 ) ;
do. But the offender intercepts and mis (4.) Tenants at a rack rent since 1851 ,
applies money or such like things; and in virtue of the 14 & 15 Vict. c. 25,
this constitutes the offence of embezzle s. 1 , whose tenancy, but for that
ment under the stat. 24 & 25 Vict. c. 96, act, would have suddenly deter
ss. 68-72. The offence is a felony, and mined by the death or cesser of
the estate of their landlord , these
is punishable precisely as larceny is. In tenant's now holding on until the
Cise a larceny is proved upon an indict
ment for embezzlement, the defendant expiration of the then current
may be convicted of the former offence, year of their tenancy, and appor
and rice versa. Any number of distinct tioning their rent between the
executors of the deceased land
embezzlements not exceeding three, com lord and the estate of the succeed .
mitted within a period of six months, may
be joined in the same indictment. ing landlord ( see title A PPORTION
See title LARCENY . MENT OF RENT) ;
(5.) Mortgagors, although to some extent
EMBLEMENTS. These are the green they are tenants at will ;
crops, in other words, the crop which is (6.) A tenant in dower becoming un
upon the ground and unreaped when the chaste ;
tenant goes away, his lease having deter (7.) A parson who resigns his living.
mined ; and the right to emblements is the ( Bulwer v. Bulwer , 2 Barn . & Ald.
right of the tenant in certain cases to take 470) .
away these crops when ripe, and for that See title AWAY -GOING CROP.
purpose to come upon the land, and do all
other necessary things thereon . The in EMBRACERY. This offence consists in
stances in which the right to emblements the attempt to influence a jury corruptly
exist are the following : to one side or the other, by promises, per
( 1.) A tenant for life sowing the lands suasions, entreaties , entertainments , dou
and dying before harvest, his ex ceurs, and the like. The person guilty of
ecutors will have the right; it is called an embracer, and is punishable
(2.) An under-tenant, whose tenancy is under 19 Hen . 7, c. 13 ; and see stat.
suddenly and without his own act 6 Geo. 4, c. 50.
determined before harvest, e.g., by EMINENT DOMAIN . Is the ownership
his landlord's estate determining or dominium (domain ) of an independent
( whether by the death or re-mar sovereign over the territories of his gove
riage of the latter ), has the right reignty, by virtue of which no other
( Kingsbury v. Collins, 4 Bing. sovereign can exercise any jurisdiction
207 ) ; therein. The eminent domain is to be dis
( 3.) A tenant at will, who is ousted by tinguished from the paramount domain,
his landlord for no cause of for which latter term is only applicable to the
feiture (Co. Litt. 66 a ) ; or who sovereign as against the so- called owner
or whose landlord suddenly dies ships of his own subjects.
( Co. Litt. 55 b) ; See titles FEUDAL SYSTEM ; ESTATE ;
(4.) A tenant by the curtesy (2 Bl. 122) OWNERSHIP.
or in dower ( 20 Hen . 3 , c. 2),
upon their deaths ; and EMPHYTEUSIS . Is a term of Roman
(5.) A tenant pur autre rie ( Co. Litt. Law , and which finds a near equivalent in
55 b ) and a parson (28 Hen . 8 , the phrase fee farm of English Law , being
c. 11 ), iipon the determination of the letting of lands or houses to a lessce
EMPHYTEUSIS— continued. ENDOWMENT - continued .
for ever, subject to the payment of a per- consist either in land or in money or consols
petual rent, usually of small amount. The simply, which private individuals have
interest of the holder (who is callel the given to trustees in trust for the charity
emphyteuticarius) is assignable, i.e. , alien- (see title CHARITIES ). Endowments of
able ; and the landlord may not eject him cbarities are under the regulation of the
unless for non -payment of the rent agreed. Charity Commissioners and the Court of
In case the entire sulject-matter of the Chancery ; and church endowments are
lease is destroyed, the loss falls upon the under the Ecclesiastical Commissioners .
landlord ; but a particular loss fulls upon
the tenant. ENEMY SHIPS, ENEMY GOODS : See
title Visit AND SEARCH.
See titles CONDOMINIA ; FEE FARM.
EMPLOYERS AND EMPLOYÉES : See ENFEOFF . This means to vest in an
titles MASTER AND SERVANT ; SERVICE, other by means of a feoffment the legal
estate in lands.
CONTRACTS OF.
See title FEOFFMENT.
EMPTIO BONORUM . In Roman Law
was the assignment of the estate and ENFRANCHISEMENT. This term is
effects of an insolvent debtor, whether usually applied to copyhold lands, and as
during his life or after his death , to a so applied denotes the conversion of the
trustee for his creditors. Justinian de- copyholds into freeholds. The mode of
prived it of all its cumbrous formalities, enfranchisement is chiefly regulated at the
but retained its effect, which is simply or present day by the stat. 4 & 5 Vict. c. 35,
very nearly that of an assignment upon and the Copyhold Acts, 1852 and 1858,
bankruptcy in English Law. under which Acts great facilities are at
EMPTIO VENDITIO . Was the contract forded for the commutation of the lord's
of sale in Roman Law . In some respects customary rights ; moreover, enfranchise
it agrees with , and in other respects it ment is rendered compulsory at the wish
either of the lord or of the copyho'd tenant,
differs from, sale in English Law . with this difference in the two cases ,
See title SALE.
ENABLING STATUTES. Are certain namely, that if the cumpulsory enfran
chisement is made at the wish of the
statutes relating to the alienation of church tenant, the commutation of the lord's rights
lands by ecclesiastical corporations sole consists in a gross sum of money, either
and (in a lesser measure ) by ecclesiastical paid at the time of the completion of the
corporations aggregate. They are 32 Hen. 8, enfranchisement, or secured by a mortgage
c. 28 ; 5 Geo. 3, c. 17 ; 5 & 6 Vict. cc. 27, on the lands; whereas, when the compul
108 ; and 21 & 22 Vict. c. 57. Leases are sory enfranchisement is made at the wish
by these statutes (speaking roughly) enabled of the lord, the commutation of hisissuing
rights
to be made not exceeding twenty -one years consists in an annual rent-charge
or three lives ; but with the various con out of the lands enfranchised . When both
sents in the Acts specified and subject to the lord and the tenant are competent in
the conditions therein prescribed, building themselves to effect an enfranchisement, -
leases nut exceeding ninety-nine years and e.9 ., each being entitled for a fee simple
miping leases not exceeding sixty years estate in his own lands, -and they agree
may be granted. to enfranchise, they may do so without
See title DISABLING STATUTES. reference to the statutes, and upon such
ENCLOSURE : See title INCLOSURE. terms as they please. The effect of en
ENCROACHMENT : See titles APPROVE franchisement is, to discharge the lands of
MENT ; Common, Right OF. all customary incidents, e.g., the custom of
descent to the customary heir, and to annex
ENDOWED CHAPELS : See title to them all the incidents of freehold lands ;
CHAPELS. but there is this distinction to be observed
ENDOWED SCHOOLS : See title SCHOOLS. that upon any enfranchisement at Common
ENDOWMENT. This term is commonly Law the mines and minerals, if intended
applied to any provision for the officiating to remain the lord's property, must be ex
minister of a church, the provision usually pressly excepted ; while upon an enfran
chisement under the statutes, no such
consisting in the setting a part of a portion express exception is required, but the
of lands for his maintenance. Thus, in exception is implied .
ancient times, the lord of a manor, when
he built a church on his demesne lands, ENGLISHRY, LAW OF. A law enacted
usually endowed it with a piece of land by William the Conqueror to repress the
called the glebe (see title Advowsons). But increasing practice of assassination of
at the present day, many endowments exist Normans by discontented and turbulent
and for many very diverse objects, and may English . Under the law, the hundred in
ENGLISHRY, LAW OF—continued. ENTERING JUDGMENTS — continued .

which the assassinated person was found 8. 206, and r. 70, H. T. 1853, it was not
was made liable to a heavy amercement ; necessary, before issuing execution, to enter
and every assassinated person was to be the proceedings on any roll, but an incipitur
presumed to be a Norman , unless proofs of thereof might be made upon paper , shortly
his “ Englishry ” were made by his four describing the nature of the judgment,and
nearest relatives. Taswell - Langmead , judyment might thereupon be signed , costs
67-68. taxed , and execution issued ; but it was
ENGRAVINGS, COPYRIGHT IN. The provided that the proceedings might be
first statute which gave copyright in en entered on the roll as theretofore , when
gravings was 8 Geo. 2, c . 13, and the dura ever the same might become necessary for
tion was fixed at fourteen years, but that the purpose of evidence, or of bringing error,
Act extended only to engravers who were or the like. But under the present prac
also designers. The mere engraver was tice, it seems that as a general rule, only to
protected by the later stat. 7 Geo. 3 , be dispensed with by special leave of the
c . 38, and the term was fixed at twenty Court (Order xlii., 15 ), before execution
cight years. These two Acts imposed may now issue the judgment or order must
be entered , because (Order XLII., 9) no exe
penulties and gave only a qui tam action ; cution is to issue without production of the
but under the stat . 17 Geo. 3, c. 57, the
proprietor was enabled to bring an action judgment or an office copy thereof chewing
for damages. This copyright need not be the date of entry. The judgment as entered
registered as a condition precedent to is usually dated as of the day on which it
bringing the action ; it is enough, if the is pronounced (Order XLI., 2). The entry
date of publication and the name of the is usually in the London office ; and if the
publisher art contained in the engraving action is one proceeding in the District
( Harrison v. Hogg, 2 Ves. 323). These Registry an office -copy of the judgment is
three Arts were extended to Ireland by transmitted to the Registry. But all orders
6 & 7 Will . 4, c. 59. Under the stat. 15 & made by the District Registrar himself and
16 Vict. c. 12, s. 14, lithographing of en all judgments in the District Registry
gravings is a piracy unless authorized ; which are signed by consent or for default
and this statute would extend to photo of appearance to writ or for default of
graphs (Gambart v. Ball, 14 C. B. (N.S.) pleading are entered in the District Regis
306). try (Order xxxv. , 2 ). This entry of the
See title COPYRIGHT. judgment may, it seems, be made after any
lapse of time ( Barrow v. Croft, 4 B. & C.
ENLARGE This term is commonly 388).
used in connection with rules calling upon ENTICK V. CARRINGTON . A cele
either party to an action or suit to do a brated decision of Lord Camdeu's in 1765,
certain thing by a specified day; the whereby general search warrants were
judges in such a case will, on sufficient declared illegal.
grounds being shewn for so doing, enlarge See title SEARCH WARRANTS.
the time originally specified for doing the
act, in which case the rule is said to be ENTIRETY . A tenancy by entirety
enlarged , meaning that the time specified or ( in the case of husband and wife ) en
in it has been enlarged , i.e. , extended. tireties, is a tenancy in which the entire
Similarly, an arbitrator often enlarges the or sole possession is in one person , as dis
time for making his award ; and the Court tinguished from a joint or several pos
of Chancery may, and often does, enlarge session by two or more persons ; in other
the time for taking some step in an action, words, tenants by entireties are seised per
where the Court is satisfied upon affidavit tout, and not also per my, whereas joint
that there is good reason for so doing. tenants are seised et per my et per tout.
See title ExTENSION OF TIME. Consequently, upon the death of either of
ENQUIRY, WRIT OF : See title In- the tenants by entireties, the other takes
QUIRY, WRIT OF. the whole under the old original grant, and
not (as is the case in joint tenancy) by
ENROLMENT : See title INROLMENT. the new or independent title of survivor
ENTAIL : See title ESTATE - TAIL . ship. The effects of such a tenancy are,
ENTERING APPEARANCE : See title that neither tenant can convey the whole of
API'EARANCE TO WRIT. his estate without the other, and neither can
sever without the other ; and this curious
ENTERING JUDGMENTS. The formal result follows from the unity of the two
entry of the judgment on the rolls of the persons of husband and wife, that a gift
Court, which is necessary before bringing to them and a third person of lands or of
an appeal or an action of debton the judy- goods in words which purport to make the
ment. Under the C. L. P. Act, 1852, three parties joint tenants, or even tenants
ENTIRETY - continued . ENTRY, WRIT OF - continuerl.
in common , carries one moiety or equal original wrongdoer who alienated the land
half part only to the husband and wife, or from whom it descended to him , -non
and leaves the other moiety to the third habuit ingressum nisi per Gulielmum , qui
person (Atcheson v. Atcheson , 11 Beay. 485 ; se in illud intrusit, et illud tenenti dimisit.
In re Wylde's Estate, 2 De G. M. & G. (3.) If the writ was brought against a
724 ). tenant holding under a second alienation
or descent, then it was said to be in the
ENTRY. The actual taking possession second degree, and charged the tenant in
of lands or tenements by entering upon this manner : that be the tenant had not
the same. This is a remedy which the
law attords to an injured party ousted of entry but by, i.e., through, per , a prior
his lands by another person who has taken alienee, to whom, cui, the original wrong
possession thereof without right. This doer demised the same,-non habuit ingres
remedy (which must in all cases be pur sum nisi PER Ricardum cui Gulieimus illud
sued peaceably ) takes place in three only dimisit, qui se in illud intrusit. If the writ
out of the five species of ouster, viz., was brought against a tenant holding
under more than two alienations or de
abatement, intrusion, and disseisin ; for as scents, i.e., after two degrees were past,
in these three cases, the original entry of
the wrongdoer is unlawful, so the wrong it was framed upon the Statute of Marl
may be remedied by the mere entry of bridge (52 Hen . 3 ), c. 30, which first gave
the writ in this case ; and as that statute
the former possessor. But it is otherwise
upon a discontinuance, or deforcement, for provided that when the number of aliena
in these latter two cases, the former pos tions or descents exceeded the usual
sessor cannot remedy the wrong by entry, degrees, i.e., two degrees, the writs should
but must do so by action , inasmuch as not mention the degrees at all the writ
the original entry being in these cases was called a writ of entry sur disseisin in
lawful, and therefore conferring an ap the post, and charged the tenant in this
parent right of possession , the law will manner : that he the tenant had not entry
not suffer such apparı nt right to be over unless after, post, or subsequent to, the
thrown by the mere act or entry ofthe ouster or injury done by the original
claimant. And by the Act 3 & 4 Will . 4, wrongdoer, — non habuit ingressum nisi
c . 27 , s. 10, no person shall be deemed to Post intrusionem quam Gulielmus in illud
have been in possession of any landwithin fecit.
the meaning of that Act, merely by reason By the Act 3 & 4 Will. 4, c. 27,s . 36,
of his having made an entry thereon ; and and the C. L. P. Act, 1860, s. 26, all real
by the same Act, s. 11, no continual or actions have been abolished ; and under
other claim upon or near any land shall the present procedure, all actions (in
preserve any right of making an entry. cluding ejectment) are actions on the case
simply.
ENTRY , WRIT OF. A writ anciently See titles EJECTMENT; ENTRY .
made use of in a possessory action and ENTRY AD COMMUNEM LEGEM .
which was directed to the sheriff, requiring
him to command the tenant of the land This was a writ of entry which lay for
that he render the same to the demandant , a reversioner after the alienation and
because that the tenant had not entry into death of the particular tenant for life,
the land in question, but by or after a dis against him who was in possession of the
seisin , intrusion, or the like, made within land.
the time, limited by law for conferring ENTRY AD TERMINUM QUI PRE
title by adverse possession ; or that in TERIIT. This was a writ of entry which
case of his refusal so to render the land, lay for a reversioner when the possession
he should appear in Court to shew the was withheld from him by the lessee or a
reason of his refusal . It was usual to stranger, after the determination of a lease
specify in the writ the degree or degrees for years.
within which the same was brought, in
this manner ; ( 1. ) If the writ was brought ENTRY IN CASU PROVISO . This was
against the party himself who did the a writ of entry provided by the Statute
wrong, then it only charged the tenant of Gloucester (6 Edw . 1 ), c. 7 ; it lay for
himself with the injury, -non habuit in- a reversioner after the alienation by tenant
gressum nisi per intrusionem quam IPSE in dower or tenant for life, and during the
fecit. (2.) If the writ was brought against life of such tenant.
an alienee of the wrongdoer, or against the ENTRY IN CONSIMILI CASU : See
heir of the wrongdoer, then it was said to title Casu CONSIMILI.
be in the first degree, and charged the
tenant in this manner : that he the tenant ENTRY OF JUDGMENT OR ORDER :
had not entry but by, i.e., through, per, the See title JUDGMENT, ENTRY OF.
ENTRY ON THE ROLL. In former EQUITABLE ASSETS — continued .
times, the parties to an action personally Equitable either in
or by their counsel used to appear in open out.
their own (e.g., were
natureassets so , estate
separate of
Court and make their mutual statements married women ) or by act of the party
virâ voce, instead of as at the present day ( e.g., estates charged with the payment of
delivering their mutual pleadings, until debts).
they arrived at the issue or precise point See title LEGAL ASSETS.
in dispute between them . During the
progress of this oral statement, a minute EQUITABLE ASSIGNMENT. Prior to
of the various proceedings was made on the Judicature Arts, 1873–5, a legal as
parchment by an officer of the Court ap- signment could only be effected by deed ,
pointed for that purpose ; the parchment and then only in those cases in which the
then became the record , in other words, property dealt with was in its own nature
the official history of the suit. Long after assigpable ; but when the property was
the practice of oral pleading had fallen not legally assignable, equity held that
into disuse, it continued necessary to enter the purported assignment, if by deed , was
the proceedings in like manner upon the complete, because it could not be made
parchment roll, and this was called entry more complete at Jaw. Further, every
on the roll, or making up the issue roll. species of property was assignable in
But by a rule of H. T. 4 Will. 4, the equity, and a mere appropriation was
practice of making up the issue roll was good as an equitable assignment. For
abolisbed ; and it was only necessary to example, an order (even by word of
make up the issue in the form prescribed mouth ) from a creditor to his debtor to
for that purpose by a rule of H. T., 1853, pay over to a third person ( to whom the
and to deliver same to the Court and to creditor was indebted ) money or any por
the opposite party. The issue which was tion of money owing by the debtor to the
delivered to the Court was called the nisi creditor was considered as a good equitable
prius record ; and that was regarded as the assignment. Butas regards land ( whether
official history of the suit, in like manner freehold , leasehold , or copyhold ), an equit
as the issue roll formerly was. Under the able assignment could not be by word of
present practice, the issue rol or nisi prius mouth simply, but by reason of the Statute
record consists of the papers delivered to of Frauds required to be in writing, and
the Court, to facilitate the trial of the the better opinion is that under the stat.
action ,—these papers consisting of the 8 & 9 Vict. c. 106, this assignment must
pleadings simply, with the notice of trial. now be by deed even in equity. with this
ENTRY FOR TRIAL : See title TRIAL, exception that an assignment without a
ENTRY FOR . deed, yet if for value, would be held good
in equity . Under the Judicature Act,
ENURE. This word means to operate 1873, 25, sub - s. 6, assignments (being
s.
or take effect. Thus, a release in fee from absolute and not by way of mortgage only)
a reversioner to his prior tenant enures by of legal choses in action may be effected
way of the enlargement of the particular by writing under hand merely, followed by
tenancy into a fee simple ; also, a grant written notice.
by one joint tenant to another will enure, See title ASSIGNMENT OF PERSONAL
i.e., operate, as a release ( Chester v. Willan, PROPERTY .
2 Wms. Saund . 97 a ) ; and a release may
operate as a covenant to stand seised ( Roe EQUITABLE DEFENCE : See title EQUIT
v. Tranmarr, Willes, 632). ABLE PLEAS.
EODEM MODO QUO COLLIGATUR . The EQUITABLE ESTATE. The origin and
maxim that an obligation should be dis character of the equitable estate in lands
charged or released ( dissolvi debet) in the will be found explained under the title
same way that it is contracted (eodem Uses. From land it appears to have been
modo quo colligatur) holds good generally easily transferre to personal property, the
in the law of contracts, but it is subject to beneficial ownerd of that being the cestui
exceptions. que trust, where the legal estate is in
See title CONTRACTS. another or others as usually is the case.
By reason of the operation of the maxim
EQUITABLE ASSETS. As opposed to “ Equity follows theLaw,” the interests in
legal assets were such assets as the exe- equitable estates, and the liabilities attach
cutor was not chargeable with at law in ing to them and rules regulating or
an action brought there by a creditor of restricting their creation are almost iden
the deceased against him . These assets tical with the like interests in legalestates,
were exclusively available in a Court of nevertheless with certain differences, e q .,
Equity. All creditors ( whether specialty in equitable estates there is no distinction
or simple) were payable pari passu there- taken between a contract and an actual
EQUITABLE ESTATE - continued . EQUITY - continued.
conveyance, although that distinction is is administered by the Courts of Chancery
an essential one in the transfer of legal in Lincoln's Inn and at the Rolls. Equity,
estates. in this sense , is wider than Law, and nar
rower than Natural Justice or Natural
EQUITABLE JURISDICTION : See title
Equity, in the extent of the matters which
EQUITY . are the subjects of its jurisdiction. Equity
EQUITABLE MORTGAGE. Maybe cannot be defined in its content, otherwise
either by conveyance or by deposit of title than by an enumeration of its various
deeds accompanied or not accompanied subject-matters, being trusts, mortgages,
with a written memorandum . Where the administrations, &c., &c.
mortgagor at the time of making the There are, or used to be, three jurisdic
mortgage is not bimself possessed of the tions in Equity, namely , the exclusive, the
legal estate and merely conveys what he concurrent, and the auxiliary jurisdictions,
has to the mortgagee, the mortgage is of the exclusive jurisdiction being that in
necessity equitable only as passing only an which Equity had jurisdiction and Law
equitable estate. Tacking does not apply had not ; the concurrent that in which
as between equitable mortgages, but con Equity and Law had jurisdiction equally ;
solidation does (see titles CONSOLIDATION and the auxiliary that in which Law bad
or MORTGAGES ; Tacking). Again , where exclusive jurisdiction , and Equity was
the mortgagor merely deposits all (or only the håndmaid of Law therein.
some or one of the principal) title deeds
relating to an estate in the hands of the EQUITY DRAFTSMAN . Pleaders in
mortgagee, or deposits the land certificate Equity are so called .
in the case of lands registered under the EQUITY FOLLOWS THE LAW . This
Land Transfer Act, 1875, and either by
word of mouth or by memorandum in
maxim ,which is expressed in Latin by the
phrase, Aequitas sequitur legem, signifies
writing it is agreed between the mortgagor that the Courts of Chancery follow the same
and the mortgagee that the deposit shall principles in construing documents and in
continue so long as the money lent or to determining rights as the Courts of Com
be lent is owing, that is an equitable mon Law , but the rule is subject to aa few
mortgage by deposit of title deeds, and it inconsiderable exceptions which the Courts
is (or may be made) as efficacious as any of Chancery have, for reasons of their own ,
other equitable mortgage. thought fit to make in their application
See title MORTGAGE. of it.
EQUITABLE PLEAS. Under the C. L. The following are some illustrations of
P. Act, 1854 ( 17 & 18 Vict. c. 126), it was the general rule:
permitted to plead equitable defences at ( 1.) In construing the words of limitation
of estates, the same words which at Law
Law , beginning the plea with the words,
“ For defence on equitable grounds.” Such confer a life estate do so in Equity also ;
plea required to be such as would have and the phrase " beirs of the body ” gives
entitled the defendant who pleaded it to an estate tail in Equity equally asat Law ;
an unconditional injunction upon a bill and the phrase “ heirs and assigns" in like
filcd in Equity. Equitable pleas used to manner gives a fee simple in Equity as at
Law.
make the replications and all subsequent (2. ) In applying the rules of descent,
pleadings equitable also ( Savin v. Hoylake Equity adopts the entire nine canons of
Ry. Co., L. R. 1 Ex. 9). Under the pre descent which regulate the descent of real
sent practice, the rules of pleading in the estate at Law ; e.g., primogeniture, co
Common Law and the Chancery Divisions
are the same, and no words of introduction parcenary, &c.
(3. ) In applying the statutes for the
to an equitable plca are now required . limitation of actions and suits, Equity
EQUITABLE WASTE : See title WASTE. never exceeds the limits which the Law
prescribes, although, for reasons of itsown,
EQUITIES EQUAL, LAW PREVAILS. it often stops short of the outside limit,
It is a maxim of Equity that where the but only within its strictly equitable juris
defendant has as much claim to the protec diction, and not also in its concurrent
tion of the Court in his possession as the jurisdiction.
plaintiff has to its assistance, then the de The following are examples of the ex
fendant's possession or legal estate pre ceptions which Equity has made in its
vails. application of the general rule :
See titles NOTICE ; PURCHASER FOR ( 1.) In the construction of executory
VALUE. trusts, i.e. , of trusts incompletely set out in
EQUITY . Is the phrase commonly used the instrument creating them , if the in
to designate that portion of the law which strument is either marriage articles or a
EQUITY FOLLOWS THE LAW - conta . EQUITY TO A SETTLEMENT - contd .

will containing a reference to marriage, band's particular assignees for value coming
Equity refuses to follow blindfold the rule as plaintiff's ; and, last of all, the wife her
of Law commonly designated as the Rule self has been permitted to assert her right
in Shelley's Case, whereby the words “ heirs as plaintiff. The general principle upon
of the body ” following upon a freehold which the Court acts in decreeing or not
estate of the ancestor, confer upon the to married women a settlement, appears to
ancestor an estate tail , but chooses rather be this ,—there being, first of all, a possi
to mould these words into the form of a bility of the husband getting hold of and
strict settlement, giving to the ancestor a keeping (by virtue of the right which the
life estate, and securing to the issue of the law gives to him as husband) the property
contemplated marriage a succession of in question of the wife, the Court next
estates, and to the intended wife a jointure inquires whether the wife, if she survived
or widowhood estate, over which estates her husband, would or would not take the
the intended husband shall have no power entirety of the property by virtue of her
either to defeat or to diminish them ( 'Trevor right of survivorship , and if (but only if )
v. Trevor, 1 P. Wms. 622 ; Papillon v. there is a possibility of the husband getting
Voice, 2 P. Wms. 571 ) ; and and keeping the property wholly, and the
(2. ) In the construction of the beneficial wife would not be entitled to the entirety
or equitable estates of joint tenants , with thereof by survivorship, then there being
reference to whom, if they are mortgagees, this danger to the wife, and such danger
whether for equal or unequal amounts, and being also reasonably imminent, the Court
if they are purchasers, for unequalamounts assumes a jurisdiction to inquire into the
(but not also for equal amounts ), Equity question ofthe wife's equity to a settlement
refuses to allow survivorship of the equit- out of the property that is so in danger :
able estate, and decrees the survivor a and, upon this inquiry, the Court inquires
trustee for the deceased as to the share of principally, whether the property in ques
the deceased (Lake v. Gibson , 1 Wh. & T. tion is or not legal, or is or not equitable ;
L. C. 160). and then generally the Court answers—
EQUITY OF REDEMPTION . Where A. ( 1.) If the property is equitable, that the
being the owner in fee simple of lands, wife is entitled to an equity out of it ( there
mortgages them to B., A. is said to retain being no other sufficient reasons for deny
the equity of redemption in the lands. ing her the equity ); and (2. ) If the pro
This equity was originally a mere right in perty is legal, that the wife is not entitled
A. to redeem and recover back his lands to any equity out of it (there being no
by paying off the mortgage debt and in other sufficient reasons for decreeing to lior
the equity ). Accordingly, it has been
terest and costs of B.; but this equity is held that the wife is entitled to an equity
now held to be an estate, viz . , an equitable
to a settlement out of leaseholds being
estate ( Casborne v. Scarfe, 1 Atk. 603). equitable, but not out of leaseholds being
And if A. after mortgaging to B. should legal (Hanson v. Keating, 4 Ha. 1 ; Hill v.
mortgage the same lands to C., still A. Edmonds, 5 De G. & Sm. 603) ; also out of
would have an equity of redemption ; and pure personal property (the absolute in
so if A. mortgaged to D , and to E., and so terest therein ) being equitable, but not out
forth, the equity of redemption always and of such absolute interest being legal ( Scolt
in every case resulting to the mortgagor.
And this holds good as well for personal v. Spashett, 3 Mac. & G. 603) ; and, as
estate as for lands. regards the life interest in pure personal
See title MORTGAGE. property, the wife has an equity ihereout
(being equitable ) as against the husband
EQUITY TO A SETTLEMENT. Primâ ceasing to maintain her, and against his
facie, the wife's property , whether at Law general assignees (i.e., trustee) in bank
or in Equity, becomes the husband's, but ruptcy or liquidation ( Elliott v. Cordell, 5
the interference of Equity has derogated Mad . 149), but not as against the husband's
in certain cases from the husband's legal particular assignee for value without notice
rights, and has compelled him to make a ( Tidd v. Lister, 3 De G. M. & G. 869).
settlement on his wife, and her right to Similarly, out of life- estates in realty being
such settlement is called her equity to a equitable ( Sturgis v . Champneys, 5 My. &
settlement. Her equity to a fettlement Cr. 97), but not if they are legal (Wortham
arises from the maxim , “ He who seeks v. Pemberton, 1 De G. & Sm . 644 ). As
equity must do equity ;" the Court of regards the wife's realty of inheritance,
Equity imposes conditions on the husband whether fee simple or fee tail estates , the
coming as plaintiff, to recover the wife's husband cannot possibly take these from
property, and has even extended the prin- the wife, consequently she has no equity
ciple to the husband's general assignees thereout whether they are equitable or
coming as plaintiffs, and also to the hus- legal, because, of course, she has the whole
EQUITY TO A SETTLEMENT — contd . ERROR , WRIT OF -- continued .
( Life Association of Scotland v. Siddal, 3 the only modle of reconsidering the same
De G.F. & J. 271 ) ; and when an equity was by motion for a new trial), but it might
is awarded her by the Court in any of the have been such a fact as that the plaintiff
cases above mentioned, in which she is was a minor, and appeared by an attorney
entitled to an equity, the settlement usually instead of by his guardian, or the fact that
extends to one -half only of the property, the plaintiff, being a married woman , ap
and very rarely indeed (unless under ex peared without her husband ; and in these
traordinary or exceptional circumstances ) and the like cases, the fact going to the
extends to the whole. Again , the wite has validity or regularity of the proceedings , a
no equity out of reversionary choses in writ of error coram nobis (or vobis) was
action, because she has something better available, that is to say, a writ of error to
under ber right of survivorship. be tried before the same judges, because
See title SURVIVORSHIP, WIFE's Right the reversal of such an error was not the
OF .
reversal of the judgment of these judges,
EQUITY OF A STATUTE. When the but the correction of something wrong not
statute 35 Edw . 1 , stat. 2, commonly called previously brought under their notice. (2.)
The error was an error of laro, when, upon
the statute Ne rector prosternat arbores, the face of the record , the judges were
which prohibited persons from cutting down seen to have committed a mistake of law :
trees in churchyards, was extended by and in that case the remedy was by writ of
judicial decision ( Rutland v. Greene, 1 error generally (and not by writ of error
Keble, 557) to restraining them from work coram nobis or vobis ), the writ commanding
ing minerals in new mines not previously the record or a transcript thereof to be
opened , the extension was said to be made sent to the Court of appellate jurisdiction ,
upon the eqnity of the statute, meaning, i.e., to the Court of Exchequer Chamber, or
that the same reason existed in the case of
minerals as in the case of timber trees. House of Lords. To support this writ, the
This extensive interpretation of a statute error must have been one of substance,
inasmuch as errors of mere form were cured
was opposed to the restrictive interpretation by the Statutes of Amendments and Jeo
by which the statute was held to be inap fails. But the writ of error, in both its
plicable when the reason for it ceased to varieties, was abolished by the C. L. P.
exist.
See title INTERPRETATION . Act, 1852, and error was made a step in
the cause, and the Court had the same
ERASURES . Erasures or interlineations jurisdiction as upon a writ of error ; and
the limit of six years from the date of
in a deed are presumed to be made before
or at the time of execution ( Doe d. Tatum signing judgment and entering the same
of record was fixed , an allowance for dis
v. Catomore, 16 Q. B. 745), but if material ability being made. Before bringing error,
and in a suspicious place they require ex
planation. Material erasures or interlinea a bill of exceptions must have been tendered
tions after execution vitiate the deed ( See to the judge before verdict, and must also
title ALTERATIONS IN WRITTEN INSTRU have been certified by his seal being affised
MENTS ). In wills, the erasures and inter
thereto. But, under the Judicature Acts,
lineations are subject to the reverse rule, 1873-5, bills of exceptions and proceed
being presumed to be made after execu ings in error bave been abolished, and
tions and being (unless attested) wholly where error would formerly have lain for
disregarded ( Cooper v. Bockett, 4 Moo. error of law , an appeal now lies, and ( in
P. C. 419 ; 1 Vict. c. 26, s. 21 ). lieu of a Bill of Exceptions ) where it is
intended to move for a new trial an excep
ERROR , WRIT OF. After final judg tion (i.e, objection ) as to the judge's ruling
or direction is to be taken at the trial and
ment had been signed in an action ,
the unsuccessful party, if desirous of dis entered upon or annexed to the record (if
puting the matter afresli, might bring a any).
See titles BILL OF EXCEPTIONS ; Ex
writ of error, being a writ which was sued CEPTION TO JUDGE'S DIRECTION .
out of the Chancery, and which was ad
dressed to the judges of the Court in which ESCAPE . In civil cases, this was de
the judgment had been given, commanding fined to be, in general, where any person
them in some casts to examine the record under lawful arrest either violently or
themselves, and in otiers to send it to privily eva led such arrest, or was suffered
another Court of appellate jurisdiction . to go at large before he was delivered from
The error might consist either ( 1 ) in a custody in due course of law. If the arrest
matter of fact, or (2) in a matter of law. was unlawful, as where the judgment or
( 1. ) The inatter of fact must not have the writ of execution was absolutely void,
been an issue found by a jury ( for which then there was no escape .
ESCAPE- continued.
ESCHEAT - continued .
Such an escape might have been either failure of heirs of the grantee. Upon an
negligent or voluntary :
escheat, the lordtheused
escheat, against person a writ
havewas
to who of
in pos
( 1. ) If the escape was negligent, i.e.,
without the knowledge or consent of the session of the lands after the death of his
sheriff or his officer, then the escaped tenant without heirs : and now he has an
person might be pursued and retaken any- action of ejectment against him to recover
where, and even on a Sunday ; and in such the lands,
a case , if the sheriff or his officer retook See titles FORFEITURE ; YEAR, DAY,
the prisoner before any action was brought AND WASTE .
for the escape, he was excused .
( 2.) If the escape was voluntary, i.e., ESCHEAT, WRIT OF : See title ESCHEAT.
with the knowledge or consent of the
sheriff or his officer, then the escaped ESCHEATOR. The name of an officer
person could never be retaken , but the who was appointed by the lord treasurer in
sheriff was liable for the escape , and also every county to look after the escheats
(if it should so happen ) for the re- taking. which fell due to the king in that parti
For an escape, the remedy against the cular county, and to certify the same into
sheriff was ei her in debt for the full the exchequer. An escheator could con
amount of the judgment or on the case for tinue in office for one year only, and was
damages ; and after the Act 5 & 6 Vict. c. not re- eligible until the third year from the
98 , s. 31, the remedy was on the case only, expiration of his former year of office,
and not in debt. Itmust be remembered that,
by the Act 32 & 33 Vict. c. 62 ( the Debtors
This officerhecontinue s to exist at thepre
holds his inquest or inquisi
sent day ;
Act, 1869), imprisonment for debt either on tion under a writ called diem clausit
a ca. sa . or on mesne process has been abol extremum , which means simply that 80 and
ished , with the trifling exceptions in the 80 having died , and (it is reported ) without
Act specified ; and that in criminal cases heirs, an inquest to ascertain the fact must
there was no escape ; and now by the be had .
Prison Act, 1877 (40 & 41 Vict. c. 21 ), See titles IX QUEST ; INQUISITION OF
8. 31 , as from the 1st April, 1878, the OFFICE .
sheriff of any sheriffdom is not to be liable
for the escape of any prisoner. ESCROW . Where a deed is delivered
ESCAPE -WARRANT. This was a war
conditio nally and not absolute
deliv
where
ly, e.g.,perso
grant
it is ered not to the ee n
rant granted to re-take a prisoner committed ally (or his agent), but to some third per
for debt to the custody of the Queen's son pending the doing of some act which is
Prison who had escaped therefrom . It was required of the grantee to be done, such
obtained on affidavit from a judge of the deed is said to be delivered as an escrow,
Court in which the action had been brought, i.e., a mere scroll, or writing, which be
and was directed to all the sheriffs through- comes a good deed upon the accomplish
out England, commanding them to re-take ment of the condition, and failing such
the prisoner and to commit him to gaol accomplishment never becomes a deed at
when and where taken , there to remain all .
until the debt was satisfied .
ESCHEAT. This word is derived from ESCUAGE . This word is from the
the French échoir, to fall, and denotes that French écu, meanin
and denotes a shield
bucklergage, or buckler
or rather a pecu,
incident of feudal tenure by which the niary satisfaction paid in lieu thereof. It
land reverts back to the lord upon the was a composition offered by knight
failure of a tenant to do the services . tenants to their lord , and accepted by him
Escheat used to arise from two causus :- in lieu of their personalattendance on him
Either
in the wars. From being occasional, this
( 1.) Propter defectum sanguinis, i.e., on composit ion becamegeneral,and ultimately
account of the failure of blood , i.e., was levied by regular assessments .
heirs , of the grantee ; or See title TAXATION, HISTORY OF.
(2.) Propter delictum tenentis, i e. , on
account of the felony or attainder ESQUIRE. Is a description to which
of the tenant.
certain persons are entitled, e.g., foreign
But by the Act 33 & 34 Vict. c. 23, no nobility , descendants of the English peer
confession, verdict, inquest, conviction , or age and not being (excepting by courtesy)
judgment of or for any treason or felony themselves peers, the sons of baronets, the
or felo de se is to cause any attainder or eldest sons of knights, barristers-at -law ,
corruption of blood, or any forfeiture or justices of the peace, and colonial attorneys
escheat. So that, at the present day, who are also barristers. The description
escheat, it appears, can only arise from the is not a dignity within 1 Edw . 4, c. 7, s. 3,
ESQUIRE - continued . ESTATE - continued .
but is merely a name of worship, just as heirs, i.e., descendants, were equally nomi
gentleman is. nees in the original grant, and took as a
See titles GENTLEMAN ; YEOMAN . succession of usufructuaries, each of them
ESSOIN. This was an excuse ( whether during his life, and for that period only,
on the ground of illness, de infirmitate, or enjoying the benefit of the grant. Such
was the construction which this form of
on other ground ), for not appearing in grant received as far down as the reign of
Court in pursuance of the summons con
tained in a writ. The first day of terin Henry II.; but from causes which were
was called the essoin day, or day for hear vigorously at work, that construction was
ing excuses. But since 1 Will. 4 , c. 70, abandoned by the reign of Henry III.,
the essoin day has been done away with and a construction adopted in its stead
altogether, the practice of alleging such which is very nearly the construction of
excuses, i.e., of casting the essoin, having the present day, namely, that the ancestor
is the alone nominee in the grant and takes
been discontinued even previously to that
Act. a fee simple to himself, with power by sub
See title SUBPENA. infeudation or otherwise to defeat or pre
judice his issue. The power of complete
ESTATE , Absolute ownership is an alienation, the facility of which is the
idea quite unknown to the English Law of chief characteristic of the modern fee
Real Property ; the so -called owner of simple, was not long to follow after, being
lands can , at the most, hold only an estate in complete as early as the 18 Edw . 1 , c. I ,
them. The estate which he holds may, at commonly called the statute Quia Emp
the present day, be of a very various kind ; tores .
originally, however, an estate for the man's
own life was both the largest and the ESTATE AT WILL : See title Will,
ESTATE AT
smallest estate in lands, being in fact the
only estate properly so called. ESTATE BY SUFFERANCE : See title
The estate for life was originally the SUFFERANCE .
largest estate in lands, for the simple reason
that the lord would not grant a larger one, ESTATE FOR LIFE : See titles ESTATE ;
the condition of the tenure being, that the ESTATE PUR AUTRE VIE.
tenant should be personally competent to ESTATE FOR YEARS : See title TENAN
discharge the feudal services annexed to it ; CIES .
and it was originally the smallest estate in
lands, for the simple reason that the vassal ESTATE PUR AUTRE VIE . The estate
might in all cases bold for life, condition for life was originally inalienable, unless
ally upon liis continuing competent to dis where the lord consented to the alienation,
charge the fendal services . Whence a or, in other words, to the substitution of a
gift of lands to A. B. was originally a different vassal for the first grantee ; but
gift to hin so long as he personally the estate for life gradually became freely
could hold them , and not longer ; in other alienable without the lord's consent. When
words, it was an estate for his own life. an estate for life was aliened in this latter
And to the present day the effect of such a way, the alienee took an estate pur autre
gift when it is made by deed is still the vie, i e. , during the first grantee's life and
same, conferring an estate for life only, ac not during the life of the alienee himself.
cording to the maxim Verba dant feudo Accordingly, the first grantee was in such
tenorem ; the effect of such a gift even a case described as the cestui que vie, and
when made by will was equally the same the alienee was described as the tenant pur
until the year 1838, but as from that year autre vie. If the estate for life was granted
it was enacted by the New Wills Act to the tenant pur autre vie and his heirs,
(7 Will . 4 & 1 Vict. c. 26, s. 28 ), that such he took a fee simple estate quasi; and if to
latter gift should , in the absence of a con him and the heirs of his body, he took an
trary intention appearing on the will, pass estate-tail quasi.
a fee -simple estate if the testator had that The estate pur autre vie was attended
quantity of estate to pass. with peculiar incidents. It was subject, like
If it was intended that the descendants the ordinary estate for life, to the feudal
of the tenant should, at his decease, succeed maxim, Verba dant feudo tenorem , and
him in the tenancy , as son to sire, then therefore when the grant was made to C. D.
that intention requireil to be expressed by zimply without more, C. D. took a tenancy
anlditional words of grant, the gift being in pur autre vie for his own life only. Con
that case expressed to be to the tenant and sequently, C. D.'s estate was doubly liable
his heirs. This extended form of grant, to determine, depending for its continu
however, did not originally give the ances ance upon the joint existence both of A, B ,
tor more than a life estate ; he and his the first grantee, and of C. D. , the alienee ,
ESTATE PUR AUTRE VIE — continued . ESTATE PUR AUTRE VIE - continued .
and determining upon the death of either. failing or until such production , the appli
If it was intended that the grant to O. D. cant may enter upon and bold the land .
should extend beyond the life of C. D. and
throughout the life of A. B., then that in- ESTATE TAIL . This is an estate given
tention required, according to the maxim to a man and the the heirs of his body.
already quoted, to be expresserl by addi- Growth of the Estate- Tail. The follow
tional words of grant, the gift being in that ing stages in the growth of the estate -tail
case expressed to be to C. D. and his heirs. may be indicated :
Now, if the grant were made to C. D. ( 1. ) Permission was granted to the heirs
simply without more, and C. D. died leav- of the tenant to succeed on the decease of
ing A. B. him surviving, the land was left their ancestor ;
without an owner so long as A. B. lived , (2.) The word heirs having acquired
the law not suffering A. B. to re - enter after about the time of Henry II. a breadth of
having parted with his life estate. Neither meaning sufficient to admit collaterals to
could the lord apparently re-enter. No succeed as heirs ;
person having , therefore, a right to the (3.) It became necessary in order to
estate, anybody might enter on it ; and he exclude collaterals to limit the estate ex
that first entered became entitled forth- pressly to a man and the heirs of his body ;
with to hold the land so long as A. B. (4.) This limitation to a man and the
lived, and was called the general occupant heirs of his body came to be construed in
with reference to the manner in which he the Courts as a conditional gift, the condi
had acquired the land . On the other hand, tion being that the man should have issue,
if the grant were made to C. D. and his and so soon as that condition was fulfilled ,
heirs, and C. D. died leaving A. B. him the estate became an absolute estate in fee
surviving, the land was not left without simple ; whence
an owner so long as A. B. lived ; but the (5. ) The statute De Donis Condition
heir of C. D. might enter and hold posses- alibus, 13 Edward 1 ( Statute of West
sion so long as A. B. lived, and was called minster the Second ), c. 1 , was passed,
the special occupant with reference to the enacting that the will of the donor,
manner in which he had acquired the according to the form of the deed of gift
land. General occupancy has been abo- manifestly expressed should be from
lished , but special occupancy has been thenceforth observed, or, that the estate
preserved , by the Statute of Frauds (29 should descend according to the formedon
Car. 2, c. 3, 8. 12), and also by the New ( secundum formam doni ), so as that the
Wills Act (7 Will , 4 & 1 Vict. c . 26, ss . ancestor should not alien it from his issue
3, 6), which have enacted in effect that nor the donor be defeated of his rever
the owner of an estate pur autre vie (appa- sion . This Act created the estate - tail as
rently whether granted to him simply it at present exists. The further history of
without more or to him and his heirs ) may that estate is a history of the
dispose thereof by will, and failing such Decline of the Estate- Tail. The estate
disposition the heir as special occupant tail was felt to be inconvenient in many
shall become entitled to it, and to the ways, which were probably more senti.
extent thereof be chargeable with the debts mental than real, but the opposition of the
of his ancestor : and in case there shall be nobility to the repeal of the statute suc
no special occupant, then the executor or ceeded in maintaining it intact for about
administrator of the deceased testator or 200 years, when ,
intestate is to take possession of the land ( 1.) By the decision in Taltarum's Case
and to the extent thereof to be chargeable (Year Book , 12 Edw . 4, 19 ), by means of a
with the paymentof the debts of the de- quiet decision, or rather an obiter dictum ,
ceased . By the Act 14 Geo. 2, c. 20, the of the judges, the incident ofalienation from
surplus (if any) of an estate pur autre vie the issue, and so as to defeat remaindermen
as to which the owner died intestate was and the reversioner, was annexed to the
made distributable, and by the New Wills estate-tail. It was there pointed out, or
Act the same is now distributable , among admitted, that the destruction of the entail
the next of kin of the deceased ; and by the might be accomplished by means of judi
Act 6 Anne, c. 18, in a case ofprimâ facie cial proceedings collusively taken against
concealment of the decease of the cestui que the tenant in tail for the recovery of the
vie, with the determination of whose life lands entailed . The nature and effect of
the estate pur autre vie, as already stated , these proceedings will be found stated and
necessarily determines, the person next explained under the title COMMON RE
entitled to the land may upon affidavit of COVERY, that being the name by which the
his reasonable belief of such decease obtain proceedings in question were characterised.
an order from the Lord Chancellor for the (2.) Another mode by which the estato
production of the cestui que vie alive, and tajÌ might be burred , but as against the
Р
ESTATE -TAIL - continued. ESTATE -TAIL, PERPETUAL - contd .
issue only, was the Fine, for the history, (2. ) The son who, before executing the
nature , and effects of which , see title FINE. disentailing assurance , was tenant in tail,
(3.) These processes of barring the entail, is to be created tenant for life only, in
namely, Common Recovery and Fine, grew remainder expectant on his father's de
to be thought cumbrous and inconvenient; cease ;
they were also dilatory and expensive ; (3. ) The first grandson (i.e., the first son
and accordingly by the statute 3 & 4 of the son ) being a person not yet in exis
Will . 4, c. 74, a statute passed ( it will be tence, but who may reasonably be expected
observed ) at the time of the Reform Bill , to come into existence in due course of
1832, fines and recoveries were abolished, time, is to be created first tenant in tail of
and a simpler mode of assurance, called a the estates in remainder expectant upon
disentailing assurance, was substituted for the decease or respective deceases of his
them . father and grandfather, and so on with the
See titles CONVEYANCES ; DISENTAIL second, third, fourth , &c., grandsous.
ING ASSURANCE ; TAIL. In this way the entail is pushed off into
ESTATE TAIL IN COPYHOLD LANDS : the next generation ; for the first grand
See title Tail. son is the first tenant in tail, and he
cannot alienate his estate until he is of the
ESTATE TAIL FEMALE age of twenty -one years at the least ; and he
ESTATE TAIL GENERAL ( See title is not (as already stated ) yet in existence.
ESTATE TAIL MALE TAIL . Then when thegrandfather of this grand
son is dead, and the grandson's father is in
ESTATE TAIL SPECIAL possession of the estates, it is clear that the
ESTATE -TAIL JOINT. Where lands are original condition of matters is restored, B.
given to A. and B. and the heirs of their two who is now the father being tenant for
bodies to be begotten as joint tenants, they life, and the grandson who isnow theson
have an estate-tail joint. If they can inter being tenant in tail. So soon therefore,
marry, it is a tail special, that is, descendi again, as the son has attained the age of
twenty -one years, his father and he bave
ble only to the issue of A. on the body of only to repeat in their generation what
B. to be begotten ; and it will fail, and the was done in the generation before them ;
lands will revert, if there should be no such
issue upon the decease of both A. and B. that is to say, execute a new disentailing
But if they are brothers or sisters or other assurance and re -settle the estates to ana
logous uses. And thus by means of dis
persons who cannot possibly intermarry, entailing assurances and deeds of re -settle
then upon the deaths of A. and B., the
joint tail becomes a several tail, and is de ment successively executed in each suc
cessive generation, the entail of freehold
scendible to their respective several issues, lands in England has come to be popularly
-upon the maxim Lex neminem cogit ad
regarded as being perpetual, and it is so in
impossibilia.
See title SEVERAL TAIL .
effect.
There is ESTATE - TAIL IN PERSONAL ESTATE ,

ESTATE TAIL, PERPETUAL.
a popular impression abroad that the entail There is no estate tail in personal estate,
whether in chattels real or in chattels per
is perpetual. This is a fallacy, the expla sonal ; but the words which seem to confer
pation of which is to be found in the
modern practice of conveyancers, whereby an estate tail in personalty confer in fact
an absolute estate in fee simple. This
the entail is perpetuated . That practice is construction of these words arises from
carried out in the following way :
Suppose that A. is tenant for life,and B. two reasons, namely : ( 1.) The circum
his son (as commonly happens) is ' tenant stance that the stat. De Donis ( 13 Edw. 1,
in tail in remainder expectant on his c. 1 ) extended only to real estate, and (2.)
father's decease, so soon as ever B. attains The decisioninLeventhorpe v. Ashbie (Tud.
the age of twenty -one years,-an age at L.C. Conv. 763.) On theother hand, when
a personal annuity (i.e., an annual sum not
which, or shortly after attaining wbich, it issuing out of land ) is given to a man and
is probable that B. willmarry , —the father the heirs of his body, that is a fee simple
and son being on friendly terms with each
other, and the father more especially conditional, and becomes a fee simple abso
dreading that the inheritance may be dis lute or absolute interest upon the birth of
issue of the grantee -annuitant.
sipated through the son's folly, it is agreed See title TAIL .
between them to execute a disentailing
deed of the estates, and to re-settle them ESTATE -TAIL QUASI. This is an estate
to the following uses, that is to say , – tail improper, and is derived out of an
( 1.) The father, who is already tenant for estate for life, when the tenant for life
life, is to be created tenant for life again ; grants his estate to K., and the heirs of the
211
ESTATE - TAIL QUASI- continued. ESTOVERS - continued .
body of K., these words of grant being apt interest. There are three kinds of estovers,
and proper to create an estate tail ; but namely ,
inasmuch as the estate -tail of K. cannot ( as ( 1.) Housebote, being a sufficient quan
the estate-tail proper may ) possibly last for
ever, but can last at the most for the life of tity of wood for the fuel and
the tenant for life (or grantor), therefore it repai
(2. ) Ploug rs of
hbote the house
, being a suffic
; ient quan .
is called an estate- tail improper or quasi.
It further differs from the estate - tail proper tity of wood for the making and
in this respect, that it may be barred repairing of agricultural imple
without the necessity of an inrolment of (3.) Haybote and a sufficient quantity
ments, ; being
the deed of disentail in the Court of. Chan
cery ( Fearne's Conting. Remrs. 495). On rulewood
It is a of the repa
for that
of law, estoir of fenc
vers mustes.be
the other hand , it agrees with the estate -tail reasonable ; also, that they must be strictly
proper in the course of de -cent, and also in
thisrespect — that where there is an estate applie
non d to
e oth r resp
er.theiAny exc essveinpur
ecti theposenj andent
es,oym to
for life prior to the estate -tail quasi, then or any misapplication of the just amount
the tenant for life , as being ex officio pro- would be waste ( Simmons v. Norton , 7 Bing.
tector, must consent in order to the bar 640).
being effective against the remaindermen See title WASTE .
and reversioners ( Allen v. Allen , 2 D. &
War. 307. ); ESTRAYS. These are such animals of
See title FEE SIMPLE ESTATE Quasi. a tame and valuable character as are found
ESTOPPEL. Is a term of law denoting wan
lordder
shiping strwit
, i.e.,are
, and aying, any man
houint any or nt
appare or
that the person whom it affects is estopped,
owner .
i.e., stopped or hindered, from saying any- the kingThe law ws
, but allo makeanim
s allto such
givehim granals to
ts of
thing different to what has been already them to other persons, and he has in very
said , even although what he wishes to say many cases granted them to the lords of
is the truth, and the thing already saidis mauors, so that they are become incident
an error. There are three kinds of estoppels , thereto by special grant.
viz . :
( 1.) Estoppels by record ; ESTREAT. This word , which is de
(2.) Estoppels by specialty ; and rived fromthe Latin extractum , denotes a
(3.) Estoppels by matters in pais. copy or extract from the Book of Estreats,
The principle of, or justification for, the that is to say , the rolls of any Court in
first of these three species of estoppel is, which are entered the amerciaments or
that no one shall aver against a record, fines, recognizances, &c. , imposed or taken
i.e., a judgment or verdict of the Court, so by that Court upon or from the person
long as that judgment remains unreversed ; liable, or person accused, and which are
and of the second, that a man shall not to be levied by the bailiff or other proper
deny what he has already, with all the officer of the Court. Recognizances are
solemnity attaching to a deed, afirmed ; said to be estreated when they are forfeited
and of the third, that a man shall not aver by the failure of the person liable or per
the contrary of that which by his previous son accused to comply with the condition
conduct he deliberately led other persons of the recognizance ,as by failure to appear
to infer, and they have inferred accordingly, or otherwise.
and would now be prejudiced pecuniarily ESTREPEMENT, WRIT OF . This was
if the contrary averment were aclmitted.
The operation of estoppels is personal, athewritreve wast
ofrsio e, and
ner in part
lay simp
in fee iculinar tail
le or for
that is, against the party or parties who against the tenant for life immediately
are principally affected thereby , their heirs, before him , for wasteful acts of the latter .
executors, and administrators; but in the
case of an estoppel by record, where the ET HOC PARATUS EST VERIFICARE.
record is a judgment in rem, the operation The formal conclusion of any pleading
of the estoppel is universal, or (as it is which containe
d new affirmat
ive er. matt
said ) against all the world. For particular A pleading which concluded in that man
instances of estoppel of all three varieties, ner was technically said to “conclude with
see 2 Sm, L. C. 679.
a verification ,” in contradistiuction to a
ESTOVERS. This word, which is derived pleading which was a simple denial. For
from the French étoffer, to furnish, i.e., stuff, mal conclusions to pleadings were rendered
is used to denote certain rights enjoyed by unnecSee title
essar VERIF
y by ICATI
the C. L. ON
P. .Act, 1852, s. 67.
persons who have merely a limited estate
or interest in land, being rights neces- ETON COLLEGE , CASE OF : See title
sary to the enjoyment of that estate or DISPENSING POWER .
P 2
EVASIVE PLEADING : See title MAN- EVIDENCE - continued .
NER AND FORM. cessful application to the person who has
EVICTION . This is the same as dis the legal custody of the deed ( R. v. Stoke
possession or ouster of the possession (see Golding, 1 B. & A.173). Thewrongful re
fusal of a third person ( not being a solicitor)
title OUSTER). It is usually applied to
ouster from real property only, but it is not on subpoena duces tecum to produce a
inapplicable to the dispossession from per document in his possession, is, however, no
sonal property also. The covenants for ground for admitting secondary evidence
seisin in fee simple and for good right to ( Jesus College v. Gibbs, 1 Y. & C. 156 ) ;; but
convey usually inserted in deeds are in sub it is otherwise in the case of a solicitor who
stance covenants against eviction, in this 80 refuses ( Hibbert v. Knight, 2 Ex. 11 ). In
respect differing from the covenant for some cases, secondary evidence of oral testi
quietenjoyment ( Child v. Stenning, 11Ch. mony is admitted, e.g., where the testimony
Div. 82). It is competent for a landlord of a witness on a former trial is admitted
to evict his tenant for proper cause ; but a on another trial without producing the
landlord may also be guilty of a wrongful witness in person, as where a witness was
examined in a former action on the same
eviction of his either as where without
tenant,actually,i.e.,physi- point between the same parties and he is
proper cause he
since dead ( B. N. P. 242), or is kept away
cally, evicts him , or does any act of a by contrivance (Green v. Gatewick, B. N. P.
permanent character with the intention of
evicting the tenant, and which is incon 243).
sistent with the latter's returning into or It is commonly said , that there are no
continuing in possession. degrees of secondary evidence. This means,
that when secondary evidence is admis
EVIDENCE. Is the proof of, or mode sible at all, upon failure to produce the
of proving, some fact, event, or written original document, no restriction is put
doonment. It is to be considered ( 1. ) In upon the party producing the evidence as
its Nature, and (2. ) In its Object. to the kind of evidence he shall produce
( A.) With regard to its Nature, -Evi- for that purpose ; but if it was apparent
dence is either primary, or secondary, or that more satisfactory secondary evidence
presumptive, or hearsay . Admissions are might be produced than is produced, the
not themselves evidence, but narrow the jury or a judge will be influenced by
field which the evidence has to cover. that consideration ( Doe d. Gilbert v. Ross,
( 1. ) Primary Evidence. This is the 7 M. & W. 102). And there is one excep
highest kind of evidence which the nature tion to the rule, namely, where by statute
of the case admits of. Thus, where a will a special kind of secondary evilence is
of lands is to be proved, the primary evi- substituted for the original, that only can
dence of it is the will itself and not the be produced , e.g., a Queen’s printers' copy
probate ; for the Court of Probate has no of a Private Statute.
cognizance of real estate (B. N. P. 246). See title DOCUMENTS, PROOF OF.
And where any contract or agreement has (3.) Presumptive Evidence. This kind
been reduced into writing, the primary of evidence is so called in contradistinction
evidence of it is the writing ( Fenn v . Grif- to direct or positive proof whether oral or
fiths, 6 Bing. 633). But when the narra- written ; it is not of the nature of second
tive of a fact, which has arisen indepen- ary evidence, and does not thereforerequire
dently of writing, has been committed to in order to its admissibility any preliminary
writing, the fact may of course be proved proof that positive or direct evidence can
by parol evidence, e.g., a receipt for money not be procured ( Doe d . Welsh v. Langfield,
(Rambert v. Cohen, 4 Esp. 213), and the 16 M. & W. 513). The commoner classes
writing is not the primary evidence in such of presumptions are the four following,
a case, and is not in fact admissible at all namely :
unless it was made while the event was ( a .) Presumptions which admit of no con
recent. Also, parol admissions are good tradiction by contrary evidence,
as evidence against the party making and which are thence called juris
them , although they relate to the contents et de jure ;
of a written instrument ( Slatterie v. Pooley, (6.) Presumptions which the Court or a
6 M. & W. 664 ). The proper evidence of judge will direct the jury to pre
all judicial proceedings is the proceedings sume, although no evidence thereof
themselves, or an examined or office copy has been given , and which are
of them ( Thelluson v. Sheddon, 2 N. R. 228). thence called juris only ;
(2.) Secondary Evidence. This is ad- (c.) Presumptions as to which the jury
missible where primary, that is, better, are left entirely to themselves,
evidence cannot be had , e.g., in the case of being cases in which direct proof
a lost deed, upon proof of the loss (B. N. P. of one fact is given with the in
251) ; and so also upon proof of an unsuc tention that the jury may from it
EVIDENCE continued . EVIDENCE continued .

presume another fact ( Fryer v. (2. ) To prove the boundaries between
Gathercole, 4 Ex. 262 ); and parishes or manors.
( d .) Presumptions that the testimony of (3.) To prove the existence of a ferry ,
a witness who might be, but is & c.
not, called , is unfavourable to the But to prove a prescriptive right
party who omits to call him . which is strictly private no such
For examples of these various kinds of hearsay is admissible. (Morewood
presumptions, see 1 Tayl. Evidence, p. 85 ; v. Wood , 14 East, 327 ).
Rosc. Evid . at N. P., p. 38. (c.) As forming part of the transaction
(4. ) Hearsay . — As a general rule, hear (res gestæ ), and as being not evi
say, i.e., the declarations of persons not dentiary but explanatory thereof.
male upon oath when repeated on oath by Thus, the accompanying decla
a witness who heard them , are not admis rations may serve to shew the
sible as evidence. There are, however, animus of the actor, when that
some exceptions to this general rule ; thus, is material ( Bateman v. Bailey,
hearsay is admissible in the following 5 T. R. 512) ; also , generally,
cases : the feelings or sufferings of the
( a .) In questions of pedigree, in which party ( Thompson v. Trevanion ,
questions the declaration ( whether Skin . 402 ) ; e.g., upon prosecu
oral or written ) of members of the tion for an alleged rape, the cries
family (being such either by blood of the female as of a person in dis
or marriage ) are admissible to tress or tho opposite would be a
prove, e.g., legitimacy, marriage, very material part of the res
the date of marriage, the number gestæ . The admissibility of the
of children, & c . Entries in a declarations in such cases depends
family bible fall under this head . not aloneupon their accompanying
Nor is it necessary that the de an act, but on the light which
clarations should be contempora they throw upon the act itself and
neous with the facts declared, or its quality. ( Wright v. Doe d .
even that the declarant should Tatham , 7 Ad. & E. 313).
have any personal knowledge of ( d .) As being acts or assertions of owner
the fact,provided he had it of a ship, but only when coupled with
relation (Monkton v. Att.- Gen., 2 some other act or exercise of
Russ. & My. 159). But the per ownership.
sons whose declarations are offered ( e.) As being the declarations of persons
must be proved to be dead before sincedeceased, and who had no
they can be admitted in evidence interest to misrepresent the truth .
( Butler v. Viscount Mountgarret, ( Sussex Peerage, 11 Cl. & F. 85. )
H. L. C. 733) ; moreover, in ( f.) As being the declarations of per.
proving RECENT events such as sons since deceased , and who had
the death , place of birth, age, &c., an interest adverse to their own
of a person, where that fact is declarations ( Barker V. Ray, 2
directly in issue, strict evidence Russ. 67, n.; Higham v. Ridgway,
thereof is required. And any de 10 East, 109).
clarations made post litem motam ( g.) As being entries, &c., made in the
are inadmissible ( Berkeley Peer regular course of business by
age, 4 Camp. 401 ). persons since deceased, e.g., a
(6.) In questions of public rights, being notice indorsed as served by a de
rights of a peruniary nature ; and ceased clerk in an attorney's office
the reasons for the admission are is evidence of service (Doe d.
various, being either that the Patteshall v. Turford, 3 B. & Ad.
origin of such rights is generally 890) ; and, again , contemporaneous
ancient and obscure, and conse entries by adeceased shopman in
quently incapable of direct proof, his master's books in the ordinary
or that in local matters persons course of business, stating the de
* residing in the neighbourhood livery of goods, are evidence for
and interested in the rights are his master of such delivery ( Price
likely to be acquainted with them , v. Lord Torrington , 1 Salk. 285).
or that such matters are likely to (5.) Admissions. These are as good as
be the subject of frequent conver primary evidence of the fact or facts ad
sation . Such evidence is most mitted, but they are not therefore conclu
commonly admitted for the fol sive ( Bulley v. Bulley, L. R. 9 Ch. App.
lowing purposes : 739) ; and one letter may be used against
(1.) To prove the extent of a manor. the writer of it without producing the rest
EVIDENCE - continued . EVIDENCE - continued .
of the correspondence ( Barrymore v. Tay. allowed unless such notice had been given,
lor, 1 Esp. 326 ). But, except in cases of except where the omission to give such
estoppel, the party prejudiced by the ad- notice was, in the Master's opinion, a
mission may obviate it by shewing that it saving of expense. This was a simplif
was made under a mistake or misapprehen- | cation of the former practice (Rule of
sion of law or of fact (Newton v. Liddiard , Practice, H. T. 4 Will . 4 ), under which a
12 Q. B. 925 ). And, generally, letters judge's order to admit was required. The
marked " without prejudice, ” and the re- provisions of the C. L. P. Act, 1852, were
plies to such letters, although the replies applicable to every document, whether in
should not be marked without prejudice,” the custody or control of the party or not
cannot be used as admissions or as evi- (Rutter v.Chapman, 8 M.& W.388 ). And
dence (Hoghton v. Hoghton , 15 Beav. 278) ; under the present practice, the rule re
and admissions made with a view to a com- garding the admission of documents upon
promise are not available against the per- notice to admit same is unaltered (Order
son making them ( B. N. P. 236) . A com XXXII ., 2).
pulsory admission, e.g., in the answer to a (B.) With regard to its Object , - Theobject
bill in Chancery , is available against the of evidence being to prove the point in issue
person putting in the answer , even in between the parties, there are three general
another suit instituted by a different plain- rules, viz. :
tiff, and , à fortiori, if instituted by the ( 1.) Th the evidence be confined to
same plaintiff, or in the very suit in which the issue ;
the answer has been put in ( Fleet v. Per- (2.) That the substance only of the issue
rins, L. R. 1 Q. B. 536 ). A party's state need be proved ; and,
ment on the record is evidence against him , (3.) That the burden of proof lies upon
although it purports to be the statement of the party asserting theaffirmative,
a written document, the contents of which in the absence of any presump
are directly in issue in the cause ( Slatterie tion of law the other way.
v. Pooley, 6 M. & W. 664). In consequence of the first of these
The uncontradicted statements of any three general rules, evidence of collateral
one made in the presence and hearing of facts is excluded ( Holcombe v. Hewson ,
the party against whom they are offered 2 Camp. 391 ; Blundell v. Howard, 1 M. &
are evidenceof a matter reasonably within S. 292); unless upon the general questions
the party's knowledge, at any rate where it of skill , knowledge, or capacity (Folkes v.
was within his power to contradict the Chadd , 1 Phill. Ev. 276 ). So proof of a
statements and he did not do so , unless he customary right in a particular manor or
explains satisfactorily his reason for not parish is, as a general rule, no evidence of
coutradicting the statements ; but no such the like customary right in an adjoining
consequence follows from the mere omission manor or parish ( Somerset (Duke) v. France,
of a party to reply to a letter, unless the 1 Str. 661 ) ; but if the manors or parishes
writer was entitled to an answer. are first proved to be held under the same
The acknowledgment in a deed of the tenure the case would be different ( Rowe v.
receipt of money is conclusive evidence, Brenton , 8 B. & C. 758). And evidence of
both at Law and in Equity, as between the general damages, although no part of the
parties to it, of such receipt (Baker v. issue, is admissible ; and evidence of cha
Dewey, 1 B. & C. 704 ) , unless upon proof racter, as connected with the question of
of fraud ; but the acknowledgmont in- damage, is also in some cases admissible.
dorsed on the deed is not conclusive ( Stra- Where under R. G. , H. T. 1853, r. 19,
ton v. Rastall, 2 T. R. 366). A receipt not and the C. L. P. Act, 1852, s . 25, the
under seal is, on the other hand, not in plaintiff had delivered (or had indorsed on
general conclusive, and may be contra- the writ of summons) particulars of his
dicted (Graves v. Key, 3 B. & Ad . 318). demand, he was precluded from giving
But a receipt may amount to an allowance any evidence of demands not contained
of a sum or sums of money, and in that case therein ( Wade v. Beasley, 4 Esp. 7 ; Hed
is of value in itself, although no money has ley v. Bainbridge, 3 Q. B. 316) ; and this
been paid (Branston v. Robins, 4 Bing. 11 ). is the law under the new procedure.
By the C. L. P. Act, 1852, s. 117, either In consequence of the second of the
party might call on the other by notice to three béfore -mentioned general rules, vari
admit any document, saving all just ex- ances, or apparent variances which are
ceptions ; and in case of refusal or neglect immaterial require no amendment: e.g.,on
to admit, the costs of proof had to be paid a count against a sheriff for a voluntary
by the party neglecting or refusing, what- escape, it is enough to prove a negligent
ever was the result of the cause , unless the escape ( Banafous v. Walker, 2 T. R. 126).
judge at the trial certified the refusal to And if a plea of justification is divisible,
be reasonable ; and no costs of proof were eg., in an action of trespass, it is enough
EVIDENCE -- continued . EXAMINER . An examiner in Chan

if so much of the plea is proved as is neces cery was an officer of the Court of Chan
sary to cover so much of the plaintiff's cery appointed ( 1.) to take the depositions
declaration as is proved, notwithstanding of unwilling witnesses when notice of
that the whole plea may have been put in motion for decree had been given, such
issue by the replication ( Spilsbury v . examination being taken in the presence
Micklethwaite, 1 Taunt. 146 ). And under of all the parties, and the cross -examination
the C. L. P. Act, 1852, c. 75, all pleadings and re-examination following there and
capable of being construed distributively then ; (2. ) to take the like depositions
were to be so taken ; and upon issue taken where issue was joined, i.e., when replica
thereon, if so much thereof as was a suffi tion had been filed in any cause, such
cient answer to part of the causes of action examination being taken ex parte, and the
proved was found true by the jury, a ver cross -examination and re-examination after
dict passed for the defendant as to so wards coming on before the Court itself.
much, and for the plaintiff as to the resi There were two such examiners, but a
due ; and that would still be the law. special examiner was occasionally ap
With regard to the use of a videlicet, or pointed. Under the present practice, the
scilicet, that may or may not dispense with office of examiner is maintained , and the
proof of the precise particulars as stated. examination before him may be either of
according as those particulars as stated are the two modes formerly in use, as above
material or not. specified, according as the Court may
See title VARIANCES. have directed .
With reference to the third of the three See title DEPOSITION .
before-mentioned general rules, the burden EXCEPTIO PROBAT REGULAM . The
of proof, see title Onts PROBANDI. exception proves the rule, is a maxim
See titles EXTRINSIC EVIDENCE ; IN which denotes that apparent exceptions to
TERPRETATION ; and WITNESSES. the rule are in reality exemplifications of
EVIDENCE BY AFFIDAVIT : See titles
the rule modified or qualified by the
absence or presence of some circumstance
AFFIDAVIT ; AFFIDAVITS, EVIDENCE BY. that is material to theapplication of the rule.
See title SATISFACTION IN EQUITY .
EVIDENCE DE BENE ESSE : See title
De BENE Esse . EXCEPTION . In conveyancing, means
EX ANTECEDENTIBUS ET CONSE an exception of part of the thing granted,
QUENTIBUS. The inaxim that the best being a part which is less than and sever.
able from the whole, and which is of such
interpretation is made (optima fit inter a nature that it may be held by itself. In
pretatio ) when regard is bad to the matters the grant of a manor, the exception of the
which precede and follow (ex antecedentibus Court Baron would be void, that being an
et consequentibus), means simply that the incident inseparable from the manor ; and,
context is to be considered in interpreting again , in the like grant,an exception of the
any phrase or clause, and not the mere
isolated phrase, or clause. profits of the manor would be void, as being
See title CONSTRUCTION, RULES OF.
repugnant to the grant.
In the grant of land, on the other hand,
EXAMINATION OF WITNESSES. As an exception of all mines and minerals
to how much the plaintiff must prove in thereunder, would be a valid exception ;
support of his case , and when and how far and such an exception is also sometimes
the burden of proof is on the defendant, see (although less accurately ) called a reser
vation of the mines and minerals . А
titles EVIDENCE; Onus PROBANDI. As to
the order of the examination in chief, the reservation, however, properly denotes the
creation of some new hereditament, e.g. , a
cross-examination , and the re-examination,
and the object of each of these examinations, rent ; whereas an exception is only a slice
see title WITNESSES. As to who may be ( so to speak ) of the old hereditament.
witnesses and who not, and how ( in certain EXCEPTION TO JUDGE'S DIRECTION .
cases ) the competency of witnesses may be Upon motion for a new trial ma'le to a
ascertained before their examination , see Divisional Court in respect of a trial had
titles COMPETENCY OF WITNESSES; Voir before a judge and jury, upon the ground
DIRE. As to the manner of swearing that the judge has not submitted the issues
witnesses, see title Oaths ; and as to the to the jury and directed the jury as to the
cases where an oath may be dispensed law and the evidence applicable to the
with , see titles AFFIRMATION ; DECLARA case ( Judicature Act, 1875, s. 22), the
TIONS, STATUTORY . As to what questions motion is made upon an exception ( i.e.
may be put, or may not be put, and when, objection ) taken at the trial and entered
see titles PRIVILEGE OF WITNESSES ; LEAD upon or annexed to the record (ifany), and
ING QUESTION . when there is no record , then the ground
EXCEPTION TO JUDGE'S DIRECTION EXCHEQUER, COURT OF - continued .
- continued . by Edward I. The Court took its name
of the motion must be brought to the from the table at which the judges sat,
knowledge of the Court by affidavit or which Camden says, was covered with a
otherwise. chequered cloth resembling a chess-board
See title BILL OF EXCEPTIONS. and serving as a counter. Its jurisdiction
EXCEPTIONES . In Roman Law, were continued to be principally matters in
pleas or objections taken or made in an which the king's revenue was either really
action . An exceptio cognitoria was an ob concerned or, in which by means of the
jection taken to the sufficiency of the fiction quo minus, it was fictitiously in
attorney who claimed to represent one of question; but it acquired also some Equity
jurisdiction. By the stat. 5 Vict. c. 5, its
the parties ; the exceptio non numeratæ jurisdiction in Equity was taken away,
pecuniæ was the objection that the money and under the Uniformity of Process Act
which was to have been given as the con (2 Will. 4. c. 39 ), its jurisdiction was prac
sideration for the bond sued on had never
tically assimilated to that of the other co
in fact been paid or given ; the plea of litis ordinate Courts of Common Law. This
dividuæ was the objection that the claim Court
made in the action was the portion divided is now the Exchequer Division of
or split off from a certain other claim made the High Court.
See title COURTS OF JUSTICE .
in a former action during the same prætor
ship ; and the plea of rei residuæ was the EXCHEQUER CHAMBER . At the time
objection that the present action was one that the Court of Exchequer had an
which might have been (but had not been ) Equity jurisdiction, the Lord Chief Baron,
joined with a certain former action brought when administering Equity, sat apart in
during the same prætorship. a chamber called the Exchequer Chamber,
See title PRESCRIPTIONES. and that was the original character of the
EXCEPTIONS TO ANSWER . Excep Court so called as constituted by the stat.
tions to an answer to a bill in Chancery 31 Edw.3, st. 1, c. 12. But after the Equity
were objections taken to it on the ground side of the Court of Exchequer was abo
either of insufficiency or of scandal; or lished by the stat. 5 Vict. c . 5, the name
formerly ( i.e. , prior to 1852) on the ground Exchequer Chamberwas used, more espo
of impertinence. The objections were cially since the Act 11 Geo. 4 & 1 Will . 4,
stated in the form of a written pleading. c. 70, in revival, apparently, of a much
Under the Judicature Act, 1873, an answer earlier statute, 27 Eliz. c. 8, to designate
is no longer one of the pleadings in the the Court of Appeal which was next above
action (the statement of defence baving the Courts of Queen's Bench, Common
taken its place ), but is now an answer Pleas, and Exchequer, and intermediate
to certain questions called interrogatories ; between these Courts and the House of
and for the insufficiency of such answer, Lords. Its modern representative is that
the interrogating party would now move division of the Court of Appeal which
summarily for an order to make a further commonly sits at Westminster.
See title CourTS OF JUSTICE .
answer ( Order xxxi., 9, 10).
EXCEPTIONS, BILL OF : See title BILL EXCISE . The excise as a tax was first
OF EXCEPTIONS. established in 1643 by the Long Parliament,
EXCHANGE. A form of assurance of and about the same time by the King's
lands not now much in use (see title CON Oxford Parliament, ostensibly and profes
VEYANCES, sub-title EXCHANGE). Also, a sedly in each caseonly to meet the exi
gencies of the Civil War. It extended at
form of contract equivalent to barter, and first only to beer, ale, cider, and perry, but
in Roman Law to Permutatio ( see title
PERMUTATIO ). Also, a ratio of money it was shortly afterwards imposed on wine,
equivalents between foreign countries. tobacco, sugar, and gradually on a great
many other commodities. In 12 Car. II.,
See title RE -EXCHANGE. the excise as a tax was in full operation ,
EXCHANGE, BILL OF : See title BILL
and a large portion of the revenue arising
OF EXCHANGE. therefromwas given to that king as a com
EXCHEQUER BILLS AND BONDS. mutation for the payments which were lost
These are regulated by stats. 17 & 18 to him through the abolition in that year
Vict. c. 23, and 29 & 30 Vict. c. 25. of the feudal tenures. The excise extends
See titles FUNDED AND UNFUNDED at the present day even to the inclusion of
DEBT ; NATIONAL DEBT. licences to exercise certain trades and pro
EXCHEQUER , COURT OF. This Court fessions, to keep dogs, to kill game, & c .,
was the first off-shoot from the Aula Regis, and also to the inclusion of the duties pay
and was established by William I. for re able in respect of stage -coaches, cabs, rail
venue purposes, and afterwards regulated way passengers, &c. Offences against the
EXCISE - continued . EXECUTE - continued .

excise are summarily triable before justices, criminals condemned to suffer death, the
with an appeal to quarter sessions . word denotes the act of the executioner in
See title Customs. putting the criminal to death. But in
EXCLUSION , BILL OF. The Bill of each of these three applications, and in
1679 for the exclusion of the Duke of York every other application, of the word , there
(afterward Jac. II.) from the throne was so is the same meaning ; namely, that of
called. It was the opinion of certain law completing or perfecting what the law
yers of the age ( Sir Leoline Jenkins was one either orders or validates.
of them ), that any such bill even although EXECUTED AND EXECUTORY : See
passed through both houses was in itself title EXECUTORY AND EXECUTED,
a nullity ; but having regard to the general EXECUTION : See titles EXECUTE ; Exe
settlement of matters at the Revolution of CUTION, WRIT OF.
1688 , that opinion, semble, cannot now be EXECUTION CREDITOR , RIGHTS OF.
entertained . The creditor who has recovered final
See titles BILL OF Rights ; Succes judgment in an action for debt or damages,
BION TO CROWN , HISTORY OF.
may at once have execution upon entry of
EXCLUSIVE JURISDICTION . Was that his judgment, and upon registering the
jurisdiction of the Court of Chancery in execution may seize the entirety of the
which the Common Law had no share, as lands of his debtor, and obtain (if neces
opposed to the concurrent jurisdiction in sary ), a sale thereof or of any part thereof,
which law and equity equally shared. or take and receive the rents and profits
Since the Judicature Acts 1873-5, this thereof until his judgment is satisfied ;
exclusive jurisdiction as such has now and be may also seize the goods and chat
theoretically ceased , the jurisdiction being tels of his debtor and sell same in order to
realise the amount of his debt.
now concurrent; but practically, the old
exclusive jurisdiction continues exclusively See titles ELEGIT, WRIT OF ; Execu
in the Chancery Division. The jurisdiction TION, WRIT OF ; FI. FA , WRIT OF.
comprised and comprises trusts, adminis EXECUTION , WRIT OF. This is a judi
tration of assets, and such like. cial writ issuing out of the Court where
EXCLUSIVE AND NON -EXCLUSIVE the record or other judicial proceeding is
POWERS : See title POWER . on which it is grounded . It usually issues
EXCOMMUNICATO CAPIENDO, WRIT immediately after judgment is entered,
OF . A writ which issued to the sheriff of but it may for good reason be either expe.
the county commanding him to take an dited or delayed ; and it may issue within
excommunicated person and imprison him six years after the recovery of thejudgment,
in the county gaol, because within forty without getting the judgment revived, as
days after the sentence had been published between the original parties ; but after the
in the church the offender would not submit period of six years, and beforetwenty years,
to, and abideby, the sentence ofthe Spiri or after any change in the original parties,
tual Court. Upon being reconciled to the the leave of the Court is necessary to issue
Church , and such reconciliation being the writ.
certified by the bishop, another writ de See title REVIVOR.
excommunicato liberando, issued out of The principal varieties of writs of exe
Chancery to deliver and release him. The cution are as follows :
ecclesiastical punishment of excommuni ( 1.) Fi. fa ., writ of ;
cation, or by means of other spiritual (2.) Elegit, writ of ;
censures , appears to have become tacitly (3.) Possession, writ of ;
abolished in the case of lay persons (4.) Delivery, writ of ;
brawling, and fornication , and such like (5.) Sequestration, writ of ;
offences , being now treated as misdemea (6.) Attachment, writ of ;
nours, and upon conviction punishable (7.) Capias, writ of ; and
accordingly. (8.) Ca. sa ., writ of.
EXCUSABLE HOMICIDE : See title Ho There are also the following writs of
MICIDE .
execution that are assistant to the prin
cipal writ, viz., the following :
EXECUTE. As applied to deeds and (9.) Venditioni exponas, writ of ;
other documents, this word denotes to sign, ( 10.) Distringas nuper vicecomitem ,
seal, and deliver same, or to sign same, as writ of ;
the case may be. As applied to writs, the (11.) Fi. fa ., writ of, de bonis ecclesias
word denotes the act of the sheriff in ticis ;
carrying out the command of the Court ( 12.) Sequestrari facias de bonis eccle
contained in the writ . Such a writ is siasticis ; and
called a writ of execution. As applied to ( 13.) Assistance, writ of.
EXECUTION, WRIT OF - continued . EXECUTOR - continued .
And there are also the following excep suming that he has obtained a grant of
tional writs, viz. : probate, he and he only is entitled to act
( 14. ) Scire facias, writ of; and as executor until the grant is revoked .
(15. ) Scire fieri, writ of. With reference to the question in what
The judgment on which an execution cases an executor is entitled to sue, or is
issues maybe either final or interlocutory, liable to be sued, as executor,or in his own
it being remembered that only some exe- personal capacity , there is a clear line of
cutions issue on some judgments. division, namely the death of the testator ;
The writ is usually addressed to the and as to all contracts which had their com
sheriff. An execution once issued remains mencement on the one side of that line, i.e.,
in force for one year only, but may (before during the life of the testator, the executor
expiry ), be renewed for one year more and is entitled and liable in his representative
so on ( Order XVII., 16). capacity only ; but as to all contracts which
Where a writ of execution has been had their commencement on the other side
issued, it is good for a year ; but may (if it of that line, although these contracts are
still remains unexecuted ) be by leave of incidental to the contracts of the testator,
the Court renewed for another year, and so the executor is entitled and is liable in his
on ( Order XLII . , 16). This renewal is own personal capacity .
effected either by sealing the writ of execu All the rules stated above regarding a
tion itself with a renewal seal (Order XLII ., lawful executor bold true, mutatis mu
16 ), or by sealing with such seal a written tandis, for an administrator also.
notice of renewal signed by the party or ( 2.) A person becomes an executor de son
his solicitor, and delivering same as so tort from almost any intermeddling with
sealed to the sheriff (Order XLII., 16). the estate after the death of the testator;
See also titles ELEGIT ; F1. Fa .; &c., e.g., where A., the servant of B., sold the
&c. goods of C. the testator, as well after his
death as before, though by the orders of C.,
EXECUTOR. This word is commonly and paid the money arising therefrom into
applied to wills, and as so applied it de- the hands of B., the latter was held liable
notes the person who undertakes the exe- to be sued as executor de son tort ( Padget
cution of the will. An executor is of two v. Priest, 2 T. R. 97 ). So also living in
kinds, being either : the house and carrying on the trade of a
( 1.) A lawful executor ; or deceased victualler was held to be a suffi
(2.) An executor de son tort. cient intermeddling to make an executor
(1.) It is incumbent on a lawful executor de son tort (Hooper v .Summersett, Wightw .
to collect, get in, and realize all the per- 16 ). Where there is also a lawful executor,
sonal estate of the testator, and if desirable the act of an executor de son tort is good
for the more lucrative realisation thereof against him only when it is lawful, and
it is his duty to carry on or continue the such an act as the lawful executor was
trade or business of the testator, which he bound to perform in the due course of ad
may do with safety under the direction of ministration (Buckley v. Barber, 6 Ex.
the Court of Chancery. For this latter pur- 164). But it is evident that an act of
pose executorsmay carry out their testator's intermeddling may be sufficient to make a
contracts, and, as a rule, should endeavour person liable as executor de son tort, al
by all means to do so . But an executor is though it should not bind the lawful exe
not bound to insure or to keep up an insur- cutor ( Thompson v. Harding, 2 El. & Bl.
ance against fire. Under the stat. 23 & 24 630 ).
Vict. c. 145, 8. 30, he has a right to com EXECUTOR ACCORDING TO THE
pound debts. When the estate is realized, TENOR . Where a will contains no ap
for which purpose he is allowed a year, pointment of executors, excepting such an
thence called the executor's year ,—hisnext appointment as may be vaguely implied or
duty is to divide or distribute the estate
inferred from the general purview or tenor
among the legatees, retaining and paying of the will, the Court appoints an executor
over the duty. But before making any to execute the will according to its tenor ;
such distribution, it is incumbent upon and the person so appointed is called by
him to pay or provide for the funeral and
testamentary expenses of the deceased, and this name (Re Bell, 4 Prob . Div. 85).
all his just debts, otherwise he will be per- EXECUTOR DE SON TORT : See title
sonally liable therefor as for a devastavit, EXECUTOR .
Assuming that there was originally a suf EXECUTORY CONTRACTS : See title
ficiency of assets to pay them . EXECUTORY AND EXECUTED.
It is competent to an executor to renounce
probate of the will, and in that case his EXECUTORY DEVISES : See title ExE
right as exeoutor wholly ceases. But, as- CUTORY INTERESTS,
EXECUTORY INTERESTS . May arise EXECUTORY AND EXECUTED - contd .

either in wills ( in which case they are it within that rule of Law, believing that the
called executory devises in the case of testator could not intend what was illegal.
lands and executorybequests in the case of And (3.) In the case of estates,-An estate
gools) or in deeds (in wbich case they are is said to be executory when the event or
commonly called springing uses or shifting condition upon which it is to spring up or
uses ). They are governed by the Rule of come into existence has not yet happened
Perpetuities as regards the limits of time or been fulfilled ; and it is an executed
within which they may be created to arise estate so soon as it is created where it is not
( see title PERPETUITY), and in that respect, subject to any event or condition happening
as in many others, are to be distinguished or being fulfilled, and so soon as the event
from contingent remainders. happens or the condition is fulfilled when
See titles INCORPOREAL HEREDITA it is subject to any such .
MENTS ; SHIFTING USES; SPRINGING See titles EXECUTORY DEVISES ; EXE
USES. CUTORY INTERESTS.
EXECUTORY TRUSTS : See titles Exe- EXEMPLIFICATION . In law is an offi
CUTORY AND EXECUTED ; TRUSTS, sub -title cial copy or transcript made from a record
EXECUTED AND EXECUTORY TRUSTS. of Court: thus, an exemplification of a reco
EXECUTORY AND EXECUTED. These very signifies a copy or transcript of the
words denote respectively incomplete and recovery roll, and the same should be set
out literis et verbis in an abstract of title
complete, and that as well in their Common
Law application to contracts, as also in comprising it. Similarly, an exemplifica
tion of letters patent signifies a copy or
their Equity application to trusts, and in transcript of letters patent made from the
their Real Property application to estates. originalinrolment.
Thus ( 1.) In the case of contracts,-The See title DOCUMENTS, PROOF OF .
contract or consideration is said to be exe
cuted when it is completely performed ; and EXEMPTION , WORDS OF . It is a
it is said to be executory when it is not yet maxim of law , that words of exemption
completely oronly incompletely as yet per- are not to be construed to import any lia
formed. And it is clear that a contract may bility, the maxim expressio unius exclusio
be executed on one side and executory on alterius or its converse exclusio unius in
the other. In the case of executory con- clusio alterius not applying to such a case ,
tracts, a request to perform , together with For example, an exemption of the Crown
the consequent promise to pay for the per- from the Bankruptcy Act, 1869, in one
formance , is always implied by law, where specifiedparticular, would not inferentially
it is not expressed in words by the parties ; subject tlie Crown to that Act in any other
but in the case of executed considerations, particular.
that is not always so, although sometimes EX FACTO JUS ORITUR . The law
it is so ; and as to when it is and when it is slumbers, until roused into activity by
not so, see title CONTRACTS.
( 2.) In the case of trusts , -A trust is some act or event (i.e., fact) ; in other
words, rights and duties may not exist in
said to be executed when it is completely the abstract, but only around some concrete
created or declared , and executory when subject -matter or person .
the words of trust are merely directory,
and point to some further instrument as EXHIBIT . An exhibit is the name
being necessary to complete the declaration given to any particular document or other
or creation . Many distinctions are made object which in the course of a cause is
in Equity according as a trust is executed exhibited, i.e., produced by either party,
or executory. Thus, Equity follows the and (in the case of affidavit evidence)
Law in applying , for example, Shelley's referred to in the affidavit. Such docu
Rule to trusts that are executed ; but as to ments, when numerous, are usually marked
trusts executory it takes this distinction, with some letter of the alphabet as a con
viz., if the instrument containing the exe- venient mode of referring to and distin
cutory trust contains a reference to mar- guishing them , and they are then called
riage, Equity refuses to follow Shelley's " Exhibit A ," or “ Exhibit B ," and so forth .
Rule, and moulds the trusts so as best to This use of exbibits is a convenient
suit the presumed intention of the testator; mode of abridging evidence in the case of
but where there is no such reference to written documents. But only some docu
marriage, then Equity permits the Law to ments may be exhibited, namely , extracts
have its own way. And, again , an execu- from registries, records from the Bodleian
tory trust which exceeds the rule against and Museum libraries, and generally all
perpetuities, is not therefore void (as an documents coming out of thecustody of a
executed one would be), but Equity will public officer having care of them ; also,
mould the executory trust so as to confine office-copies of records, whether of the
EXHIBIT — continued . EXPENSILATIO- continued .

Superior Courts at Westminster or of the of purchaseras “ paid £ 50, ” on the debtor's
Courts of the County Palatine of Lan- side, and would eventually be discharged
caster, or of the Inferior Courts of Record ; by the entry " received £50 ” on the credi
also, and chiefly deeds, bonds, notes, bills tor's side of ledger.
of exchange, letters, or receipts, and the See title ACCEPTILATIO .
like ; and in some of these cases, the docu EXPERTS, EVIDENCE OF. Was first
ments prove themselves if bearing official rendered admissible by the stat. 17 & 18
seals. Documents of other kinds may not Vict. c. 125, in the matter of bandwriting
be so proved 3; because generally, no docu (see title HANDWRITING ) ; but in matters
ment may be proved as an exhibit, if it
requires more to substantiate it than the more strictly scientific, it has been ad
mitted upon the common law principle,
proof of the execution or of handwriting, • Cuilibet in suâ arte credendum est,” which
e.g., if any ulterior circumstance which assigns a value (more or less ) to the
might affect it requires to be proved , and opinions of men experienced in the science
the opposite side would have a right to or art within which the subject-matter
cross-examine upon that circumstance falls.
( Lake v. Skinner, 1 J. & W. 9, 15) ; but in See title OPINION - EVIDENCE .
such cases, an order of course to prove the EXPLETIVE JUSTICE : See title ATTRI
exbibit at the trial may be obtained on
motion of course or petition of course at BUTIVE JUSTICE.
the Rolls. EXPRESS AND IMPLIED COVENANTS :
EX NUDO PACTO NON ORITUR ACTIO . See title COVENANTS.
No action lies upon a simple promise or EXPRESSIO UNIUS EXCLUSIO AL
agreement that is without consideration. TERIUS. The express inclusion of some
This maxim holds good ofsimple contracts ; specified particulars is an implied exclusion
but as regards specialty contracts, the of other particulars (of the same class) that
solemnity of the form supplies the want of are not specified ,-a maxim of interpreta
consideration, and therefore an action will tion which is of frequent application in
lie on a voluntary covenant to pay money. law , but which (like other maxims) is only
See title VOLUNTARY CURTESY . a subsidiary aid to ascertaining the inten
EX OFFICIO. The oath so called was tion of the parties.
an oath tendered by the High Commission See title EXEMPTION , WORDS OF .
Court to all persons suspected ofPuritanism, EXPRESSUM FACIT CESSARE TACI
and which these latter were obliged to TUM . Where but for express words to the
make in their answers to the interrogatories same or (more usually) to the contrary
of the Court. effect in a deed or other document, a cer
See title High COMMISSION . tain incident (e.g. a custom of agriculture )
EXONERATION . Means the exemption would be inserted in the document as the
of one property or estate ; it is either übżo- result of usage or particular custom , there
lute or relative ; when relative, the pro- the express words supersede and ( more
perty remains
against after theliable, andwhich
property, isprocee ded
is liable usually) exclude the otherwise implied
custom .
before it, is exhausted . See title EXPRESSIO UNIUS, & c.
See titles ADMINISTRATION OF ASSETS ; EXPROPRIATION . In French Law , is
MARSHALLING OF ASSETS ; LOCKE
KING'S ACT. thecompulsory realization of a debt by the
creditor out of the lands of his debtor, or
EXPEDIT REIPUBLICAE. It is expe- the usufruct thereof. When the debtor is
dient to the state, e.g. , that actions should co -tenant with others, it is necessary that a
come to an end (ut sit juris litium ) ; also partition should first be made. It is con
many frauds are redressed on the ground fined in the first place to the lands (if any )
of public policy, where the plaintiff is that are in the hypothèque, but afterwards
equally to blame with the defendant; and extends to the lands not in the hypothèque.
some evils are evils as being against public Moreover, the debt must be of liquidated
policy, and not as being in themselves amount.
necessarily evil, e.g. , unlicensed distilla EXTENSION OF TIME. Various times
tion . having been fixed by the rules of procedure
EXPENSILATIO . In Roman Law was for the doing of certain acts and the taking
an entry of a nomen or debt in the ledger of certain steps in the course of legal pro
( codex ) to represent a transaction which ceedings, the Court will (upon sufficient
appeared in the day-book (adversar ); ia
e.g., cochineal sold 4 bags for £50 in day-
grounds) grant one or more extensi
such times, provided the applicat ons of
ion to ex
book would appear in ledger under nomen tend be made before the current or normal
EXTENSION OF TIME - continued . EXTRADITION — continued .
time has expired , but ( excepting as a very political offenders. The present practice
special favour) not afterwards. This exten of England with regard to the extradition
sion of time will only be granted when the of criminals is expressed in the Extradition
Court has a discretion to do so, not when Act, 1870 (33 & 31 Vict. c. 52 ), and the
the Court has no discretion in the matter. Extradition Act, 1873 (36 & 37 Vict. c. 60 ),
EXTENT, WRIT OF. Is aa writ of exe which provide that when an arrangement
cution available in cases in which the for that purpose has been made with any
Crown has an interest The extent may foreign state, Her Majesty may by Order in
either be an extent in chief or an extent in Council direct that the Act shall apply in
aid , the distinction being that the former is the case of such foreign state, subject to any
a hostile proceeding by the Crown against conditions to be expressed in the order.
its debtor, or against the debtor of that But the former Act makes an express ex
debtor, while the latter is an extent issued ception of political offences, the Secretary
at the instance of the Crown debtor bim of State having it in his discretion to de
self against his debtor , to aid his payment cide whether the offence is or not of a
of the Crown debt. The extent of the political nature. The Act of 1873 extends
Crown has priority over all executions of the provisions of the principal Act to the
the subject. caseof accessories punishable as principals .
See titles Crown DEBFS ; EXECUTION, See generally Clarke on Extradition , 1874.
WRIT OF.
EXTRAORDINARIUM JUDICIUM An
EXTINGUISHMENT. Is the destruction action in which the magistrate was also the
of an estate, or right, or power. A debt is judex, and in which ,therefore, the distinc
said to be extinguished by payment, and a tion between being in jure and in judicio
tort by satisfaction , according to the general had ceased to exist.
See title IN JUDICIO .
maxim , Omnia judicia absolutoria esse.
titles CONVEYANCES POWERS.
See ; EXTRAORDINARY REMEDIES. These
EXTORTION . Is a criminal offence (which are also called prerogative writs)
when committed by sheriffs or other officers ; are the following :-( 1 .) Writ of Proce
but, semble, a mere civil injury, when com dendo ; (2.) Writ of Mandamus ; (3.) Writ
mitted by other persons, against whom an of Prohibition ; (4.) Writ of Quo War
action for moneyhad and received will lie. ranto ; (5.) Writ of Habeas Corpus ; and
See title DURESS. (6.) Writ of Certiorari. These remedies
EXTRA -PAROCHIAL : See title PARISH . will be found explained , and their uses or
occasions specified , under the particular
EXTRA -TERRITORIALITY . The im nanies of each. They are called extra
munity of ambassadors rests on the fiction ordinary in contradistinction to the ordi
of extra -territoriality, whereby they are nary remedies by action or petition ; and
supposed to carry their own country with they are called prerogative, because they
them, and to plant it down on the site of are not the right of the subject, but lie
the embassy. The like fiction attends the within the discretion of the Crown,
sovereign everywhere ; also, vessels of war ; EXTRAORDINARY RESOLUTION : See
and ( to a more limited extent) merchant
vessels also . title RESOLUTIONS, VARIETIES OF.
See title TERRITORIAL WATERS. EXTRINSIC EVIDENCE . This evi
EXTRA TERRITORIUM JUS DICENTI. dence is so styled because it is brought
A sovereign (or the officers of a sovereign ) forward to throw light upon a written
instrument ab extra the instrument.
who legislates (or administers justice) Even by the rules of the Common Law,
beyond his own realm , may be safely dis
obeyed beyond his own realm ( impune non independently of statute, extrinsic or parol
evidence was inadmissible in certain cases
parebitur) to throw light upon a written document ;
See title FOREIGN JURISDICTION .
and the Statute of Frauds, and other
EXTRADITION . Denotes the giving statutes which have made writing an ab
up of a criminal by a foreign state in which solute sine quâ non to the validity of cer
he has sought refuge from prosecution to tain obligations, have not been the occasion
the state within whose jurisdiction the of the inadmissibility of this species of evi
offence has been committed . The duty of dence, but have at the most only rendered
a state to make extradition of criminals is that inadmissibility somewhat more ex
by no means generally admitted, and at press (Goss v. Lord Nugent, 5 B. & Ad. 58).
the most it is an exercise of comity only . Thus, before the Statute of Frauds, the
Generally, no state will make an extra Courts were uniformly governed by the
dition of its own subjects ; and generally , rule — that the judgment of a court or judge
also, no state will make an extradition of in expounding a will should be simply
EXTRINSIC EVIDENCE - continued . EXTRINSIC EVIDENCE — continued .
declaratory of what is in the instrument And generally, although the judgment
(Wig. Extr . Ev. p. 6 ), inasmuch as the of the Court or a judge in expounding a
admission of evidence to do more than to will should be simply declaratory of what
declare what is in the will, would be to is in the will, yet
make an additional or other will for the (1. ) Every claimant under a will has a
testator which he has not made. The right to require that the Court or judge
question is, what has the testator written, shall, by means of extrinsic evidence, place
not what (in any one's opinion) he intended itself or himself in the situation of the tes
or ought to have written. tator, the meaning of whose language it
( A. ) Considering the matter, firstly, with or he is called upon declare ; and
reference to Wills. The following are the (2.) The intention , as an independent
uses to which extrinsic or parol evidence fact, may be proved by means of the like
may be legitimately applied : evidence in all those cases in which tbe
( 1.) Where there is nothing in the con description being accurate, i.e., unam
text of a will shewing that the testator biguous on the face of it, its applicability
has used words in other tban their strict toeach of several subjects, or to each of
or primary acceptation, but that accepta several objects, occasions what is called a
tion is insensible with reference to extrinsic latent ambiguity.
circumstances, then the extrinsic circum See titles LATENT AMBIGUITY ; PATENT
stances may be looked at for the purpose AMBIGUITY.
of arriving at some secondary or popular ( B.) Considering the matter, secondly,
sense which shall be sensible with reference with reference to other instruments than
to these circumstances. wills. The following is an enumeration of
(2.) Where the written characters of the the purposes for which extrinsic evidence
will are difficult to decipher, or the words in connection with written documents may
of the will are in an unknown or unusual be admitted :
language, the evidence of persons expe ( 1.) To prove the making of thecontract ;
rienced in deciphering written characters (2.) To prove the writing not to have
or acquainted with the language is admis been a contract ;
sible for the purpose of informing the Court (3.) To prove that the contract was in
or judge. duced by fraud , mistake, or
(3.) Extrinsic evidence is also admissible duress ;
for the purpose of identifying the object of (4.) To prove that the writing was signed
the testator's bounty (whether devisee or conditionally ;
legatee ), and for the purpose of identifying (5 ) To annex to the contract usages of
the subject of disposition. trade not inconsistent with the
(4.) Also for the purpose of defeating a express terms thereof;
fraud, whereby either the wrong will is (6.) To explain terms of a technical trade
executed or an alteration in or omission significance;
from the true will is occasioned (Doe v. (7.) To identify the parties and also the
Allen , 8 T. R. 147). subject-matter; and
On the other hand, extrinsic evidence (8.) To prove that the contract is illegal.
is not admissible for the following pur See Wigram on Extrinsic Evi
poses : dence ; Leake on Contracts,
(1.) To add to the contents of a will, by pp. 106–125 .
proof of a mistake of the testator (Brown EYRE : See title EIRE OR EYRE .
v. Selwin , Cas. t. Talb. 240 ), or of the coun
sel who prepared the will (Newburgh ( Earl)
v. Newburgh ( Countess ), 5 Mad . 364, ì M. &
Scott, 352 ; but an issue devisarit vel non , F.
where that will serve the same purpose ( as
it would have done in Newburgh v. New FACT AND LAW : See title LAW AND
burgh, supra ) may be directed . FACT .
(2.) To supply a total blank in the will,
whether of the name of the legatee or FACTOR. Is a commercial agent, en
devisee, or of the amount of the legacy or joying certain privileges that are peculiar
estate given ( Doe v. Needs, 2 M. & W. to him ,and not common to agents generally.
139 ; Edmunds v. Waugh, 4 Drew. 275). These privileges are due in some measure
(3. ) To identify a legatee or devisee or to the circumstances that the factor is in a
the estate given , where there being some position analogous to that of the consignee
description , no part of that description is of goods. Thus he was able by the Com
applicable to any person or estate (Hamp mon Law to bind his principal by the sale
shire v. Pierce, 2 Ves. 218 ; Miller v. of the goods entrusted to him , and he still
Travere, 8 Bing. 244 ). has that power ; but he could not pledge
FACTOR - continued . FACULTY ( facultas). A privilege or
the goods in a valid manner. However, special dispensation granted to a man by
under the stat. 6 Geo . 4, c. 94, usually favour and indulgence, permitting him to
called the Factors Act, he is enabled to do that which by the law he could not do ;
make a valid pledge of the goods ,or of any as to marry without banns being first pub
part thereof, to one who believeshim to be lished ; to hold two or more ecclesiastical
the bona fide owner of the goods ; and livings at the same time ; and the like
under the stat. 5 & 6 Vict. c. 39, he is (25 Hen. 8, c. 21 ; Les Termes de la Ley).
further enabled in all respects, as if he At the present time a faculty is not unfre
were the true owner of the goods, to enter quently granted for the removal of a
into any contract or agreement regarding churchyard or church; as to which see
them by way of “ pledge, lien, or security,' 32 & 33 Vict. c. 94.
as well for an original loan, advance, or FAIRS . The right to hold fairs may
payment made on the security of such exist either ratione soli (i.e., in a landowner
goods or documents, as also for any further by virtue his estate
or continuing advance in respect thereof, privil egiiof(i.e., by chart er, land
in the ) or
letter ratione
s paten t,
and such contract or agreement is made &c.) ; and a stall -owner derives title through
valid against the principal, notwithstanding or under the landowner, who may also con
the lender was fully aware that the bor- stitute a lessee of the tolls of the market.
rower was a factor only. And by the stat. Some fairs or markets exist by prescrip
40 & 41 Vict. c. 39, s. 2, any such pledge is tion or at all events by custom ,
good, notwithstanding that at the time of See titles EASEMENTS -QUASI ; MAR
giving it the factor's agency was in fact re
KET ; MARKET -OVERT.
voked, provided the lender has no notice of
such revocation . The factor's statutory FAIT . This word was used in the old
powers of pledging goods do not extend to law to signify a deed, factum . In juris
antecedent debts. prudence , the phrase fait juridique, or
See title Dock -WARRANTS. factum juridicum , denotes one of the factors
FACTORIES. Are placed under statu- or eleme titlesconsti
See nts Acttutive an obliga
; LAWofAND Fact.tion ,
tory supervision . The former stat. 42 Geo.
3, c. 73 ( regulating the health and morals FALDAGE. Is a privilege enjoyed by
of apprentices and others employed in fac- certain lords of manors and others of
tories) 3 & 4 Will. 4, c. 103 ( Factory Act, setting up folds, i.e., inclosures for sheep,
1833 ), amended by the Factory Acts,1844 as well belonging to themselves as to their
and 1856 ( regulating the labour of children tenants, in order with the manure thereof to
and young persons therein ), and 30 & 31 fatten their lands. The privilege is some
Vict. c. 103 , (by which the meaning of the times called suit of fold, secta faldæ , or
word “ factory was, for the purposes of foldage. The tenant by paying a fald -fee
these Acts, extended to smelting works, might have commuted the privilege.
copper mills, iron and brass foundries, and See title CUSTOMS OF MANORS.
topaper, glass, and tobacco manufactories FALSA CAUSA NON NOCET. If the
and to letterpress printing and bookbind- motive assigned for making any particular
ing) have all been repealed by the Factory bequest or devise to any particular legatee
and Workshop Act, 1878 (41 Vict. c. 16 ) or devisee is wholly erroneous and mis
by which Act similar but more efficacious taken , that does not in general affect the
and practical provisions have been made,
and the factories and workshops to which bequestgood.
mains or devise
But ,ifwhic accor
thehlegate c dingl y re
or devis eo
the Act extends are minutely specified in has fraudulently conduced to the mistake
the Fourth Schedule to the Act.
The employer of labour in factories is or error , or if the mistake or error was
also subject, even by the Common Law, to sufficiently singular as to suggest nou - tes
tamenwould
tary -capaci
make due provision, e.g., by properly fencing will be void for whole
ty, the legac
the fraud or
ory in
his machinery, for the security of the lives
and limbs of his workmen . ( Coe v. Platt, sanity.
See title Falsa DEMONSTRATIO NON
7 Ex. 460).
NOCET.
FACTUM PROBANDUM . Is the fact
FALSA DEMONSTRATIO
event, or thing to be proved ; and the fac- ssion NOCE
This maxim ( in its full expreNON T,
“ Falsa
tum probans is the evidence which proves demonstratio non nooet cum de corpore con
it. The factum probandum is sometimes stat " ) means, that a mere inaccuracy of
called the " principal fact,” and the factum description will not diminish or enlarge
probans is then called the “ evidentiary the subject matter of a devise or bequest,
fact.”
FACTUM PROBANS : See title FACTUM when that ascert
wise well ct matte
subjeained ( corpu
. rBut s) is other
of cours e, the
PROBANDUM . maxim in its very words implies that it
FALSA DEMONSTRATIO NON NOCET FALSIFY - continued .
- continued . afterwards disagree regarding it, mayeither
has no application to cases in which the open the whole account or (according to
corpus is not so ascertained, and in which the nature of the case) merely give liberty
the corpus must needs, therefore, be to surcharge and falsify particular items in
gathered either wholly or partly from the the account.
alleged inaccurate words of description ; See title SURCHARGE AND FALSIFY.
in this latter case , these alleged inaccurate FALSUS IN UNO FALSUSIN OMNIBUS :
words must be taken to be accurate, if
See title MALUS IN UNO, &c.
there is any subject-matter to which they
exactly fit, upon the maxim “ Non accipi FAMILIA . In Roman Law , was one of
debent verba in falsam demonstrationem the Tria capita . It was in fact the generic
quae competunt in veram limitationem .” name for household with all its belongings,
See title Falsa CAUSA NON NOCET. and a paterfamilias was a householder. It
FALSA DEMONSTRATIONE LEGATUM comprised the sons and the slaves, but the
sons or other children became free at the
NON PEREMI. This is an application of death, whereas the slaves continued slaves.
the maxim “ Falsa demonstratio non nocet ”
to the case of legacies. FAMILIÆ EMPTOR . In Roman Law
See title MISNOMER. was an intermediate person who purchased
FALSE IMPRISONMENT. An action the aggregate inheritance when sold per
aes et libram , in the progress of making a
will lie for false imprisonment as well will under the Twelve Tables. This pur
against officers executing the process of the chaser was merely a man of straw , trans
Courts as also against private individuals mitting the inheritance to the Haeres
assuming to imprison. For the success of proper.
the action it is necessary to prove both
malice on the part of the defendant and FAMILIE ERCISCUNDAE. In Roman
the absence of all reasonable or probable Law , was an action for the partition of the
cause, and of course that the accused was aggregate succession of a familia, where
acquitted. that devolved upon co -haeredes ; it was
See title MALICIOUS PROSECUTION. also applicable to enforce a contribution
FALSE JUDGMENT, WRIT OF. This towards the necessary expenses incurred
on the familia .
was a writ which lay to the Superior Courts
at Westminster to rehear and review a case FAMILY ARRANGEMENT . When en
which had been tried in an inferior Court, tered into for the sake of preserving peace
and the judgment in which was submitted in the family ( say, to avoid some question
to be erroneous. In lieu of this writ, an about the legitimacy of the reputed eldest
appeal is open to the party dissatisfied with son ), will be upheld , when there has been
the judgment. bona fides and honest intention on each side
See title APPEALS, CIVIL, VARIETIES and also the fullest disclosure ; but without
OF. the fullest disclosure such an arrangement
FALSE PRETENCES . Obtaining goods is voidable on the ground of fraud ( Gordon
or money ( whether by way of loan or of gift ) v. Gordon, 3 Swans. 463).
under false pretences is a criminal offence, FAMILY COMPROMISES . Are favoured
the punishment of which, upon conviction, by the Courts, from a regard to the peace
is penal servitude for five years, or im son- of families. But for their validity, there
ment not exceeding two years (24 & 25 must be not only honest intention but full
Vict. c. 96, s. 88). The particular false disclosure on the part of all the bargaining
pretence must be assigned and (of course) parties; and the want of full disclosure
proved. This offence differs from larceny, will be a ground for setting aside the com
in that the goods or money are obtained promise (Gordon v. Gordon , 3 Swanst.
with (and notwithout) the owner's consent. 463).
FALSE REPRESENTATION : See titles See title COMPROMISE OF Suit.
FRAUD ; MISREPRESENTATION ; WARRANTY, FARM . This is the old Saxon feorme,
BREACH OF.
and signifies a provision . Anciently, rents
FALSE RETURN : See title RETURN . were reserved in provisions, such as com ,
poultry, and the like, a money equivalent
FALSIFY . This word , as occurring in not having been finally introduced until
the phrase “ with liberty to surcharge and the time of Henry I. Originally, therefore,
falsify,” means to impugn as false or erro- farm meant rent, and by a natural trans
neous certain items or entries in an account. position it now means the land out of which
The Court of Chancery, where an account the rent issues, and even the lease .
has been stated between parties, and they See title LEASEHOLD .
FATETUR FACINUS QUI FUGIT . Who FEE FARM RENT - continued .

flies from justice, confesses himself a receive thereout the rentcharge agreed on,
criminal; literally, confesses his offence . and subject thereto and to the powers in
FATHER AND CHILD. A father is the incidental thereto to the use the pur
guardian of his chill, and may by will or chaser, his heirs, and assigns for ever.
deed appoint a guarilian to act for himself See title EMPAYTEUSIS.
after his death ; and the father or the FEE SIMPLE . Fee simple estates are
guardian so appointed directs the educa such granted and his
a man" and heirs,
tion of the child : as regards providing or are
with as without the towords assigns
him with necessaries, the father is under added . These estates are the largest owner
a moral obligation only and not a legal one. ships possible in lands within England .
He may use reasonable (but not extreme) They are of the following varieties, viz. :
chastisement for the correction of the child . ( 1.) Fee Simple Absolute. - Being an
For some purposes, the child (when of a estategiven to a man or woman and his or her
certain age), is in the position of a servant heirs and assigns absolutely and not subject
to his father, who may therefore have an to any condition either precedent or sub
action for loss of services in case of the
sequent. This is the highest estate both
child's seduction . The marriage of a child in
under age is his or her emancipation from thequality
Englishand in . quantity that is known to
Law
the father's power. Under the Custody of (2. ) Fee Simple Conditional.-Being an
Infants Act, 1873 ( 36 & 37 Viet c. 12 ), an estate given to a man and the heirs of his
agreement in a separation deed by a father boily in certain copyhold hereditaments and
to give up the custody of his children to in personal annuities, where the statute
their mother is valid , if otherwise unobjec- De Donis ( 13 Edw . 1. c. 1 ) does not apply ;
tionable ; and the Court may order the the condition here is invariably one , viz.,
mother to have the custody of, and not the begetting of living issue.
merely access to, her children under sixteen (3. ) Fee Simple Defeasible. — Being an
years of age. estate in fee simple absolute, so far as re
FEALTY . This woril signifies fidelity, gards all conditions precedent of which there
the phrase “ feal and leal " meaning simply are none, but defeasible, i.e., capable of
faithful and loyal. Tenants by knights' being defeated, by some condition or event
service and also tenants in socage were re- subsequent, upon the happening of which an
quired to take an oath of fealty to the king executory interest usually starts up and
or other their immediate lords; and fealty destroys it.
was one of the conditions of their tenure, (4.) Fee Simple Qualified . - Being an
the breach of which operated a forfeiture estate in fee simple absolute, so far as re
of their estates. gards all conditions precedent and subse
FEAR : See title FORCE AND FEAR. quent, but having a concurrent condition
annexed to its duration, e.g. , being and re
FEE. According to Spelman, is the maining lords of the manor of Dale.
right which the vassal has in lands to use (5.) Fee Simple Base. Being merely a
the same and take the profits thereof to base fee.
him and his heirs, rendering to his lord the See titles ALIENATION ; BASE FEE ;
due services therefor. Fees were either ESTATE.
Fee Simple or Fee Tail, the former being FEE SIMPLE ESTATE QUASI . Where
simply, i.e., generally, inheritable estate, an estate for life is granted to the tenant
open to heirs general, the latter being also pur autre vie and his heirs, he takes an
an inheritable estate , but in a limited , i.e.,
tailed manner only, to wit, open to lineal estate in fee simple during the life of the
descendants only , or issue or heirs of the cestui que vie.
body. See titles ESTATE ; ESTATE TAIL
Quasi.
See titles ESTATE ; ESTATE TAIL, &c.
FEE FARM . This is a species of hold FEE TAIL : See title ESTATE TAIL .
ing, or tenure, of a mixed nature, partly FEES . Are payments of various kinds,
freehold and partly leasehold only. It cor- e.g., fees of court, fees of officer, and such
responds as nearly as may be to the Emphy like . The honorarium so - called paid to a
teusis of Roman Law. barrister or other counsel for his services is
See title FEE FARM RENT, his fee .
FEE FARM RENT. Is a rent in fee See titles FEES OF COURT ; HONORA
RICM .
simple, created usually in lieu of or as part
of the purchase-money upon a purchase of FEES OF COURT. These, which are all
lands, and created by means of a grant of taken in stamps, are regulated by three
the lands to X. and his heirs to the use recent orders, viz . , the order of October,
that the vendor and his heirs and assigns 1875, as to court fees, the Order of April ,
Q
226
FEES OF COURT - continued .
FENCES AND DITCHES . Where there
1876, as to fees and percentages, and the are two adjacent fields separated by a hedyc
order of April, 1877, as to the fees of and a ditch, it is a primâ facie presunption
official referees ; and there is also an order of law that the hedge belongs to the owner
of October, 1877, as to fees to be taken in
of that field which ( to outward appearance)
the Manchester and Liverpool district re the ditch is not in, i.e., on wlose side of
gistries. These fees are upon two scales the ditch it is, the reason being that the
corresponding respectively to the higher ditch must have been made originally
and lower scales appointed for the taxation within the field of the on pers making
it,
of costs, fees according to the lower scale and the heaped up earth upon which the
being received upon production of a sealed hedge was planted must also have been
copy of the certificate of solicitor that the laid upon the same field , because otherwise
lower scale is applicable. there would have been a trespass, both in
See title HiGHER AND Lower SCALE, laying the earth and in leaving it to lie ;
Costs,
also, the hedge was planted on the heaped
FEIGNED ISSUE. This was a fictitious up earth on the near side of the ditch
issue, or rather aa true issue raised by means ( Guy v. West, 2 Selw . N.P. 1287). The
of a fiction ; eg ., the plaintiff by a fiction owners of two adjoining closes, neither
declared that he laid a wager of £5 with of them being under any obligation to
the defendant that certain goods were his fence, must each take care that his cattle
( the plaintiff's) goods, and then averred do not enter the land of the other ( Church
that the goods were his; whereupon the hill v. Evans, 1 Taunt. 529 ) ; but when
defendant, admitting the feigned wager, either is bound to fence, then he cannot
averred that the goods were not the plain distrain as damage feasant the cattle of
tiff's goods, thus raising at once the issue his neighbours straying through his own
as to the plaintiff's property in the goods. defect to fence (Singleton v. Williamson,
But by the Act 8 & 9 Vict. c . 109, s. 19, 7 H. & N. 410 ) ; and in fact he would be
feigned issues were abolished . liable positively for any damage done to
FELLOW SERVANT : See title MASTER the strayed animals ( Lee v. Riley, 18 C. B.
AND SERVANT. ( N.S. ) 722 ). Railway companies, under
8 & 9 Vict. c. 20 , s. 47, are under an obli
FELO DE SE. This means a felon of gation to fence, and are liable for damage
himself, a suicide, and denotes any one to cattle, even pigs, straying on the rail.
who deliberately puts an end to his own way from adjoining lands through defec
existence, or commits some unlawful or tive fences ( Child y. Hearn, L. R. 9 Exch.
malicious act in committing which he occa 176).
sions his own death ; as, e.g., when unlaw See title PARTY-WALL .
fully shooting at another person tlie gun FENCING PITS AND SHAFTS . Is an
bursts, and he kills himself. obligation existing under the Mines Regu
See title HOMICIDE.
lation Acts, as regards allold disused shafts ;
FELONY. Any capital crime short of and also ( for the safety of the miners) of
treason , and being such as occasioned at all shafts , &c. , in use, and believed to be
Common Law the forfeiture of the felon's unsa
similar Com
The but
fe. duty, it mon Lawcultimpo
was diffi to sed
securea
lands and goods, or at any rate of his goods. its execution , until after the damage was
The word “ felony ” in its generic sense done.
includes even treason , and under particular
statutes, e.g , 39 & 40 Geo. 3, c. 93, the FEOFFMENT : See title CONVEYANCES,
offence of treason may be prosecuted as a sub - title FEOFFMENT.
felony. The crime of felony stands mid- FERÆ NATURE . Animals so de
way between treason and misdemeanors, scribed are wild animals in which there is
See titles CRIME; CRIMINAL LAW. no property, but in respect of which , or of
FEME COVERT. A married woman is some of them , there may be an exclusive
so called , but whether from the moral or right of preserving and of killing, which
from the physical meaning of the word is analogous to the right of property, and
cover, or from both , is uncertain , which is designated Game ( see title
See title MARRIED WOMAN. GAME). Also , property may be acquired
FEME SOLE. An unmarried woman is andanim
in prinals lly thenatu
cipaferæ ræowin
foll various ways,
in g:
so called ; also, any woman who, although ( 1. ) Propter industriam , i.e., by reclaim
married , is in matters of property indepen
dent of her husband, is a feme sole quoad ingterthem
(2.) Prop impo tami
ortent ng, them
iam i e., ,by
& c.;
pre
such property, and may deal with it in
every respect as if she were unmarried venting them from escaping, e.g.,
( Taylor v . Meads, 31 L. J. ( Ch .) 203 ). by killing, wounding, clipping
wings, &c.; and
FERÆ NATURÆ-continued.
FEUDAL SYSTEM —continued .
(3.) Ratione Privilegii, i.e., as being in intra et extra universum regnum Angliæ
and belonging to a forest, or chase , Wilhelmo regi domino suo fideles exse
or park , or even a warren. volunt ; terras et honores illius omni fide
See titles CHASE ; FOREST ; GAME ; litate ubique servare cum eo et contra
PARK ; WARKEN. inimicos et alienigenas defendlere.” The
FERRY. Is properly a place of transit precise nature of the change in the law of
across a river, or arm of the sea ; but in land which was thus effected at a stroke
law it is treated as a franchise, and defined was the entire destruction of ournerships
as the exclusive right to carry passengers and the substitution for them of tenures ;
across a river , or arm of the sea , from one henceforward there was no such thing as
vill to another, or to connect a continuous absolute ownership in lands, but only a
line of road leading from one township or tenure of them ; whence also lands have
vill to another ; it is not a servitude or ease ever since been, as they now also are,
ment; it is wholly unconnected with the described as tenements. All the land of
ownership or occupation of land, so much the kingdom is supposed to be holden
so that the owner of the ferry need not have mediately or immediately of the king, as
any property in the soil aljacent on either lord paramount; and tenants holding im
side ( Newton v. Cubitt, 12 C. B ( N.S. ) 32 ) . mediately under him in right of his crown
The owner of the ferry is bound to main and dignity, are called his tenants in
taiu it in a proper state of repair. capite, while those that hold mediately
A ferry may have originated in legal under him are called mesne tenants, or
grant ; but from a user of thirty - five years tenants holding of mesne lords.
a jury will presume that the ferry bad a See title TENURE OF LAND, HISTORY OF.
legal origin ( Trotter v. Harris, 2 Y. & J. Feuds are the same thing as tenancies.
285 ) ; and in case of a disturbance of the The services in consideration of which feuds
franchise, it is sufficient for the plaintiff to were held were originally purely military,
shew that he was in possession at the time the early princes of Europe parcelling out
of the disturbance ( Trotter v. Harris, the lands of their kingdoms among their
supra ) ; but no action for disturbance lies officers whem they swore to fidelity, and
for the owner of a ferry, for loss of the traffic reserving to themselves only the nudum
(in goods or passengers) carried along a new dominium or bare absolute ownership of
highway or railway ( Hopkins v. G. N. Ry. the lands; and the extension of the feudal
Co. , 2 Q. B. Div . 2:24 ). system to the allodial proprietor must be
See titles DISTURBANCE ; FRANCHISE. attributed to the anarchy and private
FEUD : See title FEUDAL SYSTEM . warfare that was prevalent in the early
middle ages .
FEUDAL. This is the adjective from Feuds were originally precarious, and
feud, e.g. , the feudal law signifies the not hereditary; but it was unusual, and
doctrine offeuds. Feudal possession is the would have been thought hard and un
same thing as seisin ; and feudal actions is deserved , either to determine the tenancy
the old name for real actions. Thus, a during the life of the feudatory , or to
tenant for years had not the feudal pos rej ct the heir of the former feudatory, if
session , and consequently had no real otherwise able and unobjectionable. Upon
action , for a man's remealies are necessarily the heir taking up the inberitance by per
only commensurate in extent and in quality mission of the sovereign , he paid a relief
with his rights.
See title SEISIN
( releratum , or taking -up fine), an incident
of the feud which has survived to the
FEUDAL POSSESSION : See titles Pos. present day, although feuds are now no
SESSION ; SEISIN . longer precarious, but hereditary. Feuds
FEUDAL SYSTEM. Previously to the were afterwards extended beyond the life
of the first tenant to the sons of the first
Norman Conquest, feudalism , strictly so tenant, and (but only if the feud was
called , was unknown in England, although
something analogous to it existed in Anglo antiquum , i.e., had been long in the family)
Saxon times . It was introduced into Eng . to the grandchildren, and even to the col.
lateral relations of the first. tenant. It is
land partially in 1066 as a consequence of
the acquisition or conquest of England by an opinion of Spelman's that so long as
William I. in that year ; and the system the tenancy was precarious, it was called
was completely established in England in simply a munus, that when it became
1085 by Law 52 of that sovereign , founded certain for life, it was called a beneficium ,
on the oath taken at Salisbury in the and that only when it became inheritable
latter year by all free men . The law 18 it was called a feudum .
in these words : “ Statuimus ut omnes liberi
Feuds were either proper or improper
homines fædere et sacramento affirment quod feuds. ( 1. ) A proper feud was one which
was purely military; whence women and
Q 2
FEUDAL SYSTEM — continued . FEUDARY : See title FETDATORY.
monks were at first incapable of succeeding FEUDATORY. This was a name for a
to this species of feud ; whence also it
feudal tenant or vassal. The word is to
could not be aliene I without the consent
of the lord, and in like manner the lord be listinguished from feudary, which de
noted an ofticer in the Court of Wards,
could not alien bis seigniory without the who was appointed by the 32 Hen. 8,
consent of the tenant , the obligations of the c. 4 , and abolished by the 12 Car. 2,
superior and inferior being mutual and c. 24. and whe, during the continuance of
reciprocal. Proper feuds originally be his office, acted as a receiver for the kins
longed to all the sons equally ; but by a of the lands of the king's wards and
constitution of the Emperor Frederic they uidors.
became indivisible, and descended to the
eldest son alone ( see title PRIMOGENITURE ). FEUDUM NOVUM UT FEUDUM ANTI
( 2. ) An improper feud, on the other hand, QUUM. Every fee simple estate, although
Was nit necessarily military at all , much newly acquired by purchase or devise, and
less was it purely military, but was in although being therefore a feudum novum ,
general granted in consideration of a rent, is regarled in law as a feudum antiquum
or cense , in lieu of military or other service, for the purpose of making the collaterals
whence women were not excluded from it, of the first owner capable of inheriting
and it was freely alienable. same, in accordance with the canons of
The principal obligations incident to the descent,the principle underlying all which
feud were the following : is, —that the land is only inheritable where
( 1.) Ward -hip and Livery, although it there is any of the blood of the original
is certain that this incident could feudal grantee.
form no part of the law of feuds See title DESCENTS .
before these became hereditary ; FIAT. This is a Latin word signifying
(2.) Marriage ; " let it be done." Thus, upon a petition to
( 3. ) Relief ;
(4. ) Aids; the king for his warrant to bring a writ
( 5. ) Escheat ; and of error to the House of Lords, he used to
(6. ) Escuage.
write the words fiat justitia, “ let justice
It is so absolute a maxim of the feudal be done,” on the top of the petition . And
law, or law of tenures, that all lands are in like manner, it was under a fiat of the
Lord Chancellor, addressed to the Court of
holden mediately or immediately of the Bankruptcy, that the petitioning creditor
king, that even the king himself cannot
give lands in so absolute and unconditional used to prosecute, and that that Court
a manner as to set them free from tenure ; used to hear the bankruptcy petition . Both
those uses of the word fiat ” have gone
66
and, therefore, in the case of such a gift, into disuse , but analogous uses the word
the donee would, prior to the 12 Car. 2, remain ; and as so used, the word in every
c. 24, have held the lands of the king in
capite by knight service, and would since case denotes an authority issuing from
that statute now hold by socage tenure. some competent source for the doing of
The varieties of tenures were classified by some legal act, e.y., the fiat of the Attor
Bracton ( Henry III .) as follows: ney-General is still necessary before certain
“ Tenements are of two kinds, (I.) Frank appe.ils can be taken to the House of
Lords.
tenement, and (II.) Villenage. And of
Franktenements. ( I. a. ) some are held FICTIONS. These are assumptions of
freely in consideration of homage and an innocent and even beneficial character,
kniglit-service; ( I. b. ) others in free socage made for the advancement of the ends of
with the service of fealty only. Of Villen- justice, ( In fictione juris semper æquit:18
ages ( II. a . ) some are pure, and ( II. b.) existit). They secure this end chiefly by
others are privileged, hethat holds in pure the extension of procedure from cases to
villenage being bound to uncertain ser- which it is applicable , to other cases to
vices of a villein nature, and he that holls which it is not strictly applicable, the
in privileged villenage being bound to cer- ground of the an
difference of
inapplicability being some
immaterial character.
tain services of a villein nature. whence also
the latter is often called a villein - socman." Thus, by the strict law of Rome, a foreigner
All knight-service tenures were com (peregrinus) who hail committed or suffered
muted into free and common socage by a tort, was neither liable to be sued , nor
the stat. 12 Car. 2. c. 21 , and many of the competent to sue, for the same ; but at a
incidents of feudal tenure were abolished ; very early period the peregrinus in such a
and by the growth of custom , villenage case was enabled to sue, and was made
priures are now copyhold lands. liable to be sued, upon the assumption, i e .,
See titles FRANKTENEMENT; KNIGHT- fiction , that he was a Roman citizen . And
SERVICE ; SOCAGE ; VILLENAGE, &c. similarly in English Law, the procedure
FICTIONS - continued . FIDEJUSSOR -continued.

of the Court of Exchequer, which was better right, viz., the beneficium divisionis,
strictly confined to matters affecting the which obliged the creditor to split his
Crown revenues, was extended by means of demand evenly among all the co -sureties,
the fiction quo minus to general civil suits whom for that purpose he might be re
in debt, and similarly the procedure of the quired to make co -defendants.
Court of Queen's Bench was extended by See title SURETY .
the fiction of the ac etiam clause. It was
FIDEPROMISSOR : See title FIDEJCSSOR .
customary also at one time to lay the
venue at St. Martin's-le -Grand by a fiction FIDUCIARIUS TUTOR. In the Roman
for the true venue in the case of murders Law , a fiduciarius tutor was the elder
committed abroad, e.g., in Jamaica, this brother of an emancipated pupillus, whose
being an innocent fiction, the utility of father had died leaving him still under
which consisted in giving the Queen's fourteen years of age .
Bench in England jurisdiction to try the FIDUCIARY . This phrase is derived
offence. And generally, the procedure of
Courts of Equity, so far as the same was from the Latinfiduciarius, which in Roman
supplementary to that of Courts of Common Law denoted substantially a trustee; and,
Law, depended largely on fictions of the like accordingly, the word is used in English
cort, e.g., that the cestui que trust was Law to denote any one who holds the
feudally possessed, and might sue in the character of trustee, or (more accurately )
absence of his trustee, in whom the legal a character analogous to that of trustee ,
estate in reality was. e.g., agents, guardians, and the like.
According to Maine, fictions stand mid FIDUCIARY RELATIONS. Are the re
way between early law and modern legis. lations in which trustees stand towards their
lation, as a means of advancing the law. cestuis que trust, and are so called because
This opinion is corroborated by what actu the Latin word fiduciarius denotes a trus
ally occurred in the Roman Law, and by tee . It is a cardinal principle of Equity,
what is daily occurring in English Law . that one standing in this species of relation
Thus , the actio Rutiliana, which was the shall not make any profit out of it ( Docker
result of legislation, superseded the actio v Somes, 2 My. & K. 655 ) ; and the prin
Serviana, which was the product of a fiction ciple extends even to constructive trustees,
( Gai. iv. 35 ) ; and in English Law , by the that is to say, agents, guardians, partners
C. L. P. Act, 1852, the cestui que trust was (Wedderburn v. Wedderburn, 4 My. & Cr.
empowered in certain cases to proceed at 41 ), directors of companies (Great Luxem
Law precisely as he miglit have done in
Equity, a provision which is now made bourg Ry. Co. v. Magnay, 25 Beav. 586 ),
general by the Judicature Act, 1873. and promoters of companies ( Bagnall v.
Carlton, 6 Ch. Div. 371 ; New Sombrero
FIDEICOMMISSARIUS. This word de Co. v. Erlanger, 5 Ch. Div. 73 ; 3 App.
noted in Roman Law the person who in Ca. 1218). Also, one trustee is liable
English Law is called thecestui que trust, for the acts of his co - trustee, at least
and the word fiduciarius denoted the per practically (Snell's Equity by Brown, 5th
son who in English Law is called the ed ., pp. 155–157). But time will run in
trustee. The prætor fideicommissarius was favour of, so as to bar actions against, con
an officer who corresponded to the Lord structive trustees ( Knox V. Gye, L. R.
Chancellor. Fideicommissa was the name 5 H. L. 656), although it will not do so
for trusts which are said to bave been in as regards express or even , semble, implied
troduced for the first time in the reign of trustees.
Augustus ( Just. 2, 23, 1 ) in the person of FI. FA. Is a writ of execution directed
Lucius Lentulus. to the sheriff, and commanding him that
See title FIDUCIARY. of the goods and chattels of the debtor he
FIDEJUSSOR . surety in Roman
Is a do cause to be made ( fieri facias) the sum
Law . He might be added to any obliga recovered by the judgment, together with
tion , whether civil or natural , being in this interest at 4 per cent., and that he have
respect ( and in a few other respects) dif the money and interest, and the writ itself ,
ferent from both a fidepromissor and a before the Court immediately after the
sponsor, who were also sureties. He en execution of the writ, to be rendered to
joyed a right against the priucipal debtor the party who sued out the writ. Under
analogous to the right of RECOUPMENT in the stat. 1 & 2 Vict. c. 110, the sheriff may ,
English Law , and which was called the upon a fi. fa., seize any money, bank notes,
actio depensi ; but after the Epistula Ha cheques, bills of exchange, promissory notes,
driani ( 117 A.D.), he had no right analo bonds, specialties, or other securities for
gous to ihe English Law right of CONTRIBU money belonging to the debtor, in auldition
Tion as between co -suretics, but he had a to things that were already seizable under
FI . FA.- continued . FINDER OF LOST PROPERTY - contd .
the Common Law ; but by stat 8 & 9 Vict. 1 Stra . 501). And if he should at the
c . 127, the wearing apparel and bedding of moment of finding entertain the intention
the debtor or his family, and the tools and of appropriating (and should thereupon
implements of his trade, to the extent of appropriate ) the lost property to his own
£ 5 in value, are protected . use without troubliny to inquire for the
See title EXECUTION, WRIT OF. true owner, under circumstances where it
FI . FA. AGAINST GARNISHEE : See is reasonable to suppose the true owner
title GARNISHEE ORDER might be discovered , he is guilty of larceny
. Thurbur
( R. vSee n, 1 Den . 388).
FI . FA . DE BONIS ECCLESIASTICIS . title LARCENY,
This is a writ of execution which may be
issued when the sheriff bas returned upon FINDING OF A JURY. This denotes
an ordinary fi. fa . that the judgment debtor the verdict of the jury. They find a
is a beneficed clerk and has no property mixed verdict, that is, partly of law and
beyond the profits of his benefice. The partly of fact ; and it is competent for
writ is directed to the bishop of the debtor's them to find the contrary of the truth , for
diocese ; and the bishop executes the wiit their finding maketh even what is false to
forth with by appointing sequestrators of be true ( Bushell's Case, 6 St. Tr. 909).
the profits of the benefice ( 2 Chitty's Pract., See title VERDICT.
12th ed ., pp. 1283-4 ).
See title SEQUESTRARI FACTAS DE FINE. A species of assurance abolished
Bonis ECCLESIASTICIS . by the stat. 3 & 4 Will . 4 , c. 74, but which
previously to that statute was commonly
FIFTEENTHS. This was a tax con- in use for assuring estates of freehold . It
sisting of one-fifteenth part of all the was an amicable agreement ( finis con
moveable property of the subject . It is cordia ) of a suit, whether real or fictitious,
said to have been first imposed by Hen . II. although most commonly the latter, be .
See title TAXATION, HISTORY OF, tween the demandant and tenant, with the
FILING OF RECORD . This means consent of the
the records judges,
of the and inrolled
Court. among
The princ pal
entering amongst the records of the Court.
uses of the fine were two, viz. : ( 1.) To bar
FILIUSFAMILIAS : See title POTESTAS. estates -tiil, and ( 2. ) To pass the interests
FINAL JUDGMENTS AND ORDERS . of married women in real property. It
acquired the power of effecting the first of
A judgment is said to be final when it is these two purposes by the Statute of Fines
complete in itself, and entitles the party to ( 11 Hen . 7 , c. 1), as judicially construed in
obtain at once the fruits of his judgment, the reign of Henry VIII ., and which
without any further inquiry being requisite construction was afterwards confirmed by
for the purpose of ascertaining its amount. the stat, 32 Hen . 8, c 36 , which also made
An order is said to be final, when it is the bar immediate. The effect of it was,
equivalent to a final judgment or even to however, confined to barring the issue only
an interlocutory judgment, that is to say, of the tenant. Its modern substitute and
when it disposes finally of any question of equivalent is a disentailing deed, executed
liability or of right (subject or not subject by the tenant in tail and inrolled, but in
to certisin accounts being taken ); and it is which the protector of the settlement has
called an order because it is obtained in refused to concur . With reference to the
a summary way on motion, summons or second of the two purposes above mentioned,
petition, and not at the trial or hearing the fine seems to have always had that
of an action . The time to appeal a final power even by the Common Law , the
judgment is one year, but to appeal a final necessity of obtaining the consent of the
order is only twenty -one days.
See title INTERLOCUTORY JUDGMENTS judges affording a sufficient guarantie for
AND ORDERS. the protection of the rights of the married
female. Its modern substitute is a deed
FINAL PROCESS. As distinguished acknowledged , the acknowledgment before
from mesne process, this phrase is used to the Court, or the duly authorized commis .
denote writs of execution, such as fi. fa. sioners, affording the like guarantie.
and elegit, being the steps taken at the end See titles DISENTAILING ASSURANCE ;
of a successful action for the purpose of DEED ACKNOWLEDGED.
realizing the fruits of a final judgment or FINES ON ALIENATION . These were
order.
See title MESNE PROCESS . incidents of the tenure by knight service
FINDER OF LOST PROPERTY . Has no in capite,
upon any and became
alienati on bypayable to the appa
bis tenant, king
property therein , excepting as against a rently as the purchase-money for liberty to
pure wrongdoer (Armorie v. Delumirie, aliene. In case such a tenant attempted
FINES ON ALIENATION - continued . FIRE INSURANCE - continued .
t:) aliene without having first obtained in ( Simpson v. Scottish Union, 1 Hem . & Mil .
that manner the king's licence so to do, he 618). The Courts may relieve , but once
incurred a complete forfeiture of his lands. only, against breach of contract to insure,
Similar fines were also exacted, and still provided no damage by fire has happened ,
are exacted , upon the alienation of lands and the breach is inadvertent and bas been
of copyhold tenure ; these fines are usually cured (22 & 23 Vict. c. 35, and 23 & 24
called fines on admittance, but are not Vict . c. 126 ).
usually payable till after admittance. The FIRM : See title PARTNERSHIP.
annount of the fine on admittance, which
was at first arbitrary, is now measured by FIRMIOR OPERATIO LEGIS. The
a well -established custom which ascertains operation of law is more powerful than
it at two years' net improved annual value the will of man (dispositio hominis) ; conse
of the land . The amount payable by the quently, the right of survivorship in joint
remainderman after an estiute for life is tenancy prevails over the devise by either
usually one-half of that payable by the joint tenant of bis undivided share. And
tenantfor life. In the case of joint tenants, the operation of law is sometimes in such a
the lord takes a single fine for the first case called the elder title.
tenaut, one half of that for the second , one See title ELDER TITLE.
fourth for the third, and so on ( Wilson v.
Hoare, 10 A. & E. 231). See Duane's FIRST FRUITS . The first year's whole
Conveyancing profits of a benefice or spiritual living.
FINIUM REGUNDORUM. In Roman These were originally part of the papal
Law, was an action for the ascertainment usurpations over the clergy of this kingdom ;
and as they expressed their willingness to
of the boundaries of adjacent estates. In contribute so much of their income to the
the formulary procedure, this was one of head of the church , it was thought proper,
the three actions in which (and in which when the papal power was abolished , and
alone ) the adjudicatio was to be found, the king declared head of the Church of
that is, the clause in the formula wbich England, to annex this revenue to the
assigned to the respective owners the Crown, which was done by stat. 26 Hen . 8,
shares allotted or adjudicated by the judex c. 3 ( confirmed by stat. 1 Eliz. c. 4 ), and a
to them respectively, the othertwo actions new ralor benificiorum was then maile, by
in which the adjudicatio occurred being which the clergy have since been rated.
the familiæ erciscundæ ( for an aggregate See title QUEEN ANNE'S BOUNTY.
or universitas rerum ) and the communi These are the whale
dicidundo ( for a single or individual res). FISH ROYAL.
See titles BOUNDARIES, CONFUSION OF ; and the sturgeon , which , when thrown
PARTITION . ashore, or caught near the coast, become
the property of the king by virtue of his
FIRE . The law as to fire -brigades and prerogative, and in recompense for his
firemen within the metropolis is regulated protecting the shore pirates
from and
by the Act 28 & 29 Vict. c. 90 ; and the
general law as to fireworks ( their manu robbers .
facture , sale, and use ) is contained in the FISHERY. The right or privilege of
Act 23 & 24 Vict. c. 139. Under the stat. fishing. It is a species of common , and is
14 Geo. 3, c. 78,a person on whose premises sometimes described as common of piscarij.
a fire accidentally arises is not liable to any Free fishery is the exclusive right of fishing
action for the injury thereby occasioned in a public river, and is a privilege of the
to others, any law , usage, or custom to the Crown. Several fishery is a right of fishing
contrary notwithstanding. enjoyed by the owner of the soil of the
FIRE - BOTE . This is the same as house river, and which he may lease or devolve
bote. in any other manner upon a stranger.
See title PISCARY ; RIVERS.
See title ESTOVERS .
FIVE MILE ACT. An Act of 1665,
FIRE INSURANCE. An insurer against against Nonconformists,whereby ministers
damage by fire must have an interest in of that body were prohibited from coming
the subject-matter insured, and he cannot within five miles of any corporate town, or
recover beyond the extent of such interest. place where they had preached or lectured .
A policy of fire-insurance is not legally See title CONVENTICLE ACT .
assignable, unless with the assent of the
office. A covenant to insure is usual in all FIXTURES. As the name denotes, are
leases ; likewise in all mortgages of house- things fixed or affixed to other things.
property ; and such a covenant when in The rule of law regarding them is that
leases runs with the land, so as to be which is expressed in the maxim 6“ Accessio
binding on the assignee of the lease cedit principali , " the accessory goes with,
FIXTURES - continued . FIXTURES —continued .
and as part of, the principal subject-mat bankruptcy of the maker (Brown on Fix
ter." This maxim , as applied to lands, has
66
tures , 3rd ed ., 1875).
assumed in English Law the form Quid See title BILL OF SALE.
quid plantatur solo, solo cedit," and in FLOTSAM : See title JETSAM .
Roman Law the form * Omne quod inædi
ficatur solo, solo cedit. ' The rule had its FENUS NAUTICUM . This phrase
first application in English Law in the case literally means maritime interest, which
of buildings erected on land for agricul is commonly at a higher rate of percentage
tural purposes, whence agricultural fixtures than ordinary interest, in consideration
so called present the operation of the maxim of the extra risks which are incurred
in its most general form . But inasınuch at sea .
as that maxim was thought to operate See titles BOTTOMRY ; MARITIME
and undoubtedly did operate in discourage INTEREST ; RESPONDENTIA.
ment of trade, there grew up a mitigation POLDAGE : See title FALDAGE,
of the rule, applicable to trade fixtures as FOLK -LAND . In Anglo - Saxon times,
they were called, and which mitigation lands were divided into boc -land and fole
was to this effect, that fixtures of the latter land, the former being held by writing,
sort might be removed during the tenancy
by the tenant who had put them in , but and the latter by custom merely. This
not after the determination of his tenancy. after the Conquest became Crown Land,
This micigntion of the rule was subse . terra regis : and the king exercised the
quently extended, upon the like grounds right of granting it away without the
consent of Parliament.
of utility, to ornamental fixtures so called ,
which also were permitted to be removed FOLK - MOTE . This denotes an assem
during the tenancy, but not afterwards. bly of the people. It was in the nature of
Fixtures are chattels of an amphibious an inferior Court, and an appeal lay from
character, being for some purposes and at it to the superior Courts. It is supposed
some times interests in land and for other to have been the same as the shire-gemote
purposes, and at other times purely per in counties, and as the burg -gemote in
sonal chattels. Thus, while fixtures are burghs. But in its more gi neral meanings
annexed to lands or houses, they are an it denoted merely a popular assembly,
interest in land , and are rateable as land, sun moned for any cause , whether perma
and trover will not lie for their conversion nent or occasional, and either to complain
or detention ; and yet even while so an of existing misgovernment or to renew the
nex « d , they are not an interest in land duty of allegiance to the sovereign . In
witbin the meaning of the 4th sect. of the this latter sense, it seems to have acted as
Statute of Frauds ( 29 Car. 2, c. 3) . On that ultimate tribunal of the Commons
the other hand, fixtures, even while an themselves, to which ( in the words of
nexed, were purely personal chattels within Austin ) the House of Commons and the
the meaning of the Bills of Sale Act, 1854, ministers are subject.
( 17 & 18 Vict . c. 36 ) ; and yet the Courts FOOD, UNWHOLESOME : See titles
held that where they were comprised in HEALTH, Public ; SANITARY LAWS.
one testatum , together with the lands or
houses to which they were attached , they FOOT-WAY : See title EASEMENTS, sub
were to be treated as part and parcel of title Way .
the lands or houses, and that the Bill of FORBEARANCE . — Is a good considera
Sale Act, 1854, intended them to be per tion to support a simple contract, provided
sonal chattels only when treated in a that (like other considerations) it move
separate testatum by themselves, or when from the plaintiff at the request of the
the grantee or mortgagee had the power defendant. In general jurisprudence, for
of removal and of sale. Under the Billa bearance is commonly used in contradis .
of Sule Act, 1878 (41 & 42 Vict. e. 31), no tinction to act.
such separate dealing with the fixtures FORCE AND FEAR . Called also " di
will now produce any difference of effect; 1
metuque,” means that any contract or act
and there appears to be now no method of extorted under the pressure of force (vis)
80 dealing with the ordinary classes of or under the influence of fear (metus ), is
trade or tenant's fixtures ( other than the voidable on that ground , provider of course
fixed motive powers, the fixed power that the force or the fear was such as
machinery, and the steam , gas, and water influenced the party.
pipes), so as to avoid the necessity of See titles Fraud ; Void or VOIDABLE.
registering the mortgage as a Bill of Sale
quoad such fixtures. Such registration FORCIBLE ENTRY. This is aa criminal
18t also be repeated every five years, and offeuce, and consists of an entry or detainer
Il be eficacious even uſ on a subsequent made with such a number of persons or
FORCIBLE ENTRY - continued . FOREIGN ENLISTMENT — continued .

with such a shew of force as is calculated another foreign state at peace with Eng
to deter the rightful owner from sending land ;
the persons away and resuming his own (2. ) Being in any manner subservient
possession ( Milner v. Maclean, 2 C. & P. thereto or assisting therein ; and
17). The offence is something more than ( 3.) Building ships or making expedi.
a trespass (Res v. Smith, 5 C. & P. 201 ). tions in aid of either belligerent.
The entry must have been unlawful, to See title NEUTRALITY .
come within the stat. 8 Hen . 6, c. 9. FOREIGN -GOING SHIP . By the Mer
See title STRONG HAND. chant Shipping Act, 1854 ( 17 & 18 Vict.
FORECLOSURE. This is one of the c. 101 ), s. 2, is any ship employed in trail
remelies of a mortgagce. The claim in ing going between some place or places in
the action is for an account of the principal the United Kingdom and some place or
moneys and interest owing on the security, places situate beyond the following limits ;
and for a day to be fixed for payment of that is to say, the coasts of the United
such amount when ascertained together Kingdom , the Islands of Guernsey, Jersey,
with the mortgagee's costs ; failing such Sark, Alderney, and Man , and the conti
payment at the day ultimately fixed for nent of Europe, between the river Elbe
same, the mortgagor is foreclosed, i.e., is and Brest inclusive : Home- Trade Ship
“ closed off ' and debarred from all right includes every ship employed in trading
or equity of redemption. and going between places within the last
See title MORTGAGE. mentioned limits.
FOREIGN ATTACHMENT. When the FOREIGN JUDGMENT. Are the judg
ments given in foreign courts, outside of
defendant is sued in the Lord Mayor's
Court of the City of London, it is the cus the dominions of the Queen . They do not
tom of that City and Court to issue an operate as an estoppel or res judicata, but
are strong inherent evidence of their own
attachment against moneys or debts in justice. They rank as simple contracts
wbich the defendant has a beneficial in
trest, and for which that defendant might only. The judgments of foreign prize
c.urts are, however, conclusive.
at the time of the attachment have brought
an action (Webster v. Webster, 31 Beav. FOREIGN JURISDICTION . Under the
393 ). It is not necessary that the debt stat. 6 & 7 Vict. c. 94, which refers to the
for which the attachment issues should jurisdiction, the Crown may exercise
arise within the jurisdiction, or that the beyond its own dominions under “ treaty ,
parties should be within the jurisdiction , capitulation , grant, usage, sufferance, and
but only that the debt attached should be other lawful means, " it is provided that
80, Unlike attachment of debts in ordi- the sovereign may exercise any such
nary cases, foreign attachment may issue foreign jurisdiction (then existing or after
before judgment in the action , and in fact wards accruing) in the same and as ample
immediately after writ of summons issued . a manner as if the sovereign bad acquired
See title GARNISHEE ORDER. such jurisdiction by the cession or conquest
FOREIGN BILL. A Bill of Exchange of territory ; and under the Foreign Juris
is a Foreign Bill, when it is either drawn diction Act, 1878 (41 & 42 Vict . c. 67),
abroad orpayable abroad, or both. It is various Acts ancillary to the first men
commouly drawn in parts ; and is made tioned or principal Act may by order in
Y
payable after a usance or usances, and not council of the sovereign be extended to all
after so many days, weeks, or months. places within the purview of the principal
Act ; and the Act of 1878 further extends
Scotland, Ireland and the Isle of Man , and
the Channel Islands are deemed to be the principal Act to countries without regu
within the kingdom and not abroad (19 & Jar governments where any English sub
20 Vict. c . 97 , s. 7 ).
jects are resident.
See title NOTARY .
See titles COLONIES ; COLONIAL LAW ;
FOREIGN JURISDICTION ACTS, 1813
FOREIGN ENLISTMENT. The stat. 59 1878 ; TERRITORIAL JURISDICTION .
Geo . 3, c. 69, was until recently the Foreign FOREIGN JURISDICTION ACTS (1843
Enlistment Act for England ; but during 1878) : See titles FOREIGN JURISDICTION ;
the recent Franco - Prussian war that Act TERRITORIAL JURISDICTION.
was repealed, and a further and more
stringent Foreign Enlistment Act (33 & FOREIGN LAWS. Are often the sug
34 Vict. c. 90) was passed , declaring illegal, gesting occasions of changes in, or addi
and visiting with penalties, the following tions to, our own laws, and in that respect
offences, viz. : are called jus receptum . But foreign laws
( 1.) Enlisting in military or naval ser- sometimes prevail almost proprio vigore
vice of any foreign state at war with within this country, through our Courts of
FOREIGN LAWS- continued . FORESTALLING - continued .
Justice choosing invariably to follow them offence extends only to the necessaries of
in certain cases. What those cases are , and life ( Pettamberdars v. Nockoorseydas, 7
in what cases the English Courts refuse to Moo. P. C. C. 239).
follow the foreign law and apply the Law See title RE - GRATING .
of England, may be learned from a study FORFEITURE . By the stat. 33 & 34
of the “ Conflict of Laws, " by Mr. Story or
Mr. Wharton , or (more conveniently per Vict. c. 23, forfeiture or escheat of lands
haps) from Westlake's Priv. Inter . Law , on the ground of treason or felony is abo
and Foote's Priv. Inter. Law . And for lished, but of course remains for any other
some detailed information of these laws, cause . The law of forfeiture also still
see the titles Lex Loc. REI SITÆ ; LEX applies as between landlords and their
DOMICILII ; LEX LOCI ACTUS or CELEBRA tenants for breaches of covenants contained
TIONIS ; LEx Loci Situs ; LEX Locı SOLU in leases ; and with reference to these,
TIONIS or CONTRACTUS ; and LEX FORI. neither Courts of Law nor Courts of Equity
have much or any power to relieve ; but
FOREIGN PRINCIPAL : See title PRIN they may be waived by the landlord .
CIPAL AND AGENT, See titles DAY AND WASTE ; ESCREAT ;
FOREIGNERS, SUITS BY AND WAIVER ; YEAR.
AGAINST. Provided a contract has been
FORFEITURE, QUESTIONS EXPOSING
made or has been broken within the juris TO . In cross - examination of witnesses
diction , or the party is within the jurisdic
tion, then although a foreigner he is and also in involuntary depositions these
amenable to the jurisdiction as a defendant; questions need not be answered, the pri
but the Courts are not bound to exercise
vilege of witnesses extending to cover
them , sed quare.
the jurisdiction where the contract was See title PRIVILEGE OF WITNESSES.
neither made nor broken here, although
they should have seisin by the person of FORFEITURES, RELIEF AGAINST :
the foreigner. The like rules apply sub See title PENALTIES, RELIEF AGAINST,
stantially to foreigners being plaintiffs . FORGED BILLS. No title arises through
Where aa foreigner is a plaintiff, and is resi a forgery ; and the party who pays a forged
dent out of the jurisdiction, he is obliged bill will be himself the sufferer. But in
to give security for the costs of the action , the case of drafts by one bank on another
in the same manner that a British subject bank , if merely the indorsement thereon is
would do if he was resident out of the
jurisdiction . forged , the paying bank is protected, and
the payment so far as concerns that bank
FORESHORE : See title SEA -SHORE. is a good payment ( 16 & 17 Vict. c. 59,
FOREST : See titles CHASE ; Park ; s. 19 ).
WARREN . FORGED DRAFTS : See title FORGED
Bills.
FOREST-LAW. This was a particular
system or body of laws relating to the FORGERY. This is a criminal offence,
förests of the Crown. It is popularly asso existing partly by Common Law and partly
ciated with everything that was cruel - an by statute. Forgery at Common Law is
opinion to which the frequency of that the fraudulent making or alteration of a
kind of statute called Carta di Foresta writing to the prejudice of another man's
seems to give some probability. The right. Under the stat. 24 & 25 Vict. c. 98, and
officers of the forest, who were charged to numerous other statutes, offences analogous
preserve the “ vert and venison ” thereof, to forgery at Common Law are made
were called foresters. felonies, and are punishable as forgeries ; I
FORESTS, WOODS AND : See titles but that punishment is not now death
Crown LANDS ; WOODS AND FORESTS, (as formerly ), but penal servitude for life,
or for any term not less than five years,
FORESTALLING. Called also re-grating or imprisonment with or without hard
or engrossing of the market, is an offence Jabour, and with or without solitary con
by the Common Law ; thus, spreading finement, for any term not exceeding two
rumours, with intent to enhance the price years.
of hops, in the hearing of hop -planters, FORIS FACTA . Literally “ gone away
to the effect that the stock is nearly out.” Goods forfeited for treason or felony
exhausted and that there will be a scarcity,
is an instance, of this offence . Some were so called because the property therein
attempt was made by the stat. 7 & 8 Vict. had gone away out of the owner.
See title FORFEITURE.
c . 24 , to regulate the offence, but appa
rently with poor effect ; the statute was FORISFAMILIATED . An antiquated
necessary, inasmuch as the Common Law word, which signifies much the same as set
FORISFAMILIATED -continued. FORMEDON, WRIT OF - continued .

up in the world ( see title ADVANCEMENT). (2. ) Formedon in the reminder, where
A son was said to be forisfamiliated when the tenant for life or in tail with remainder
in his father's lifetime he received his part to a third person in fee or in tail died
of the lands, and was contented therewith , (and , in the case of tenant in tail , without
See title HOTCHPOT. issue), and afterwarıls a stranger intruded
FORMA LEGALIS FORMA ESSEN upon the land and kept the remainderman
out of possession , and the remainderman
TIALIS. The writing required by (e.g. ) wanted to recover the land from the
the 4th section of the Statute of Frands to intruder ; and
the validity of the five contracts in such
(3.) Formedon in t !ıe reverter, where the
section specified is the forma legalis (i.e., tenant in tail died without issue, and the
the prescribed legal form) of such con reversioner wanted to recover the lands
tracts, so far as regards not the constitu against the then tenant thereof.
tion but the proof of the contract ; and All these forms of this writ were abn
inasmuch as that section permits no alter lished by the stat. 3 & 4 Will. 4 , c. 27,
native mode of proof, but renders the writ 8. 3li , but it would be a mistake to suppo : e
ing the exclusive pre-appointed evidence that the analogous remedies are abolished ,
of the contract, the legal form is in fact which they are not.
also a forma essentialis ( i.l. , an indispen
sable form ). On the other hand, the 17th FORMS OF ACTION. Were at one time
section of the same statute allows various very numerous, and were called by dis
alternative modes of proof other than the tinctive names, e.g., ejectment, trover,
written proof of the class of contracts with trespass, & c.; but under the Juilicature
which it deals, and in a contract of that Acts, 1873-75 , all the varieties of action
class, the writing would not be essential. have been reduced to one uniform cha
See title FHAUDS, STATUTE OF. racter, that is to say, they are all now
FORMÂ PAUPERIS . A person is said simply actions on the case, and state
to sue or defend an actionor suit in forma simplyand naturally the facts of the case,
and claim the relief that is due to the
pauperis. i.e., in the character of a poor plaintiff on such statement.
person, when, hy going through certain See title STATEMENT OF CLAIM.
forms, he is almitted by the Court so to
sue or defend, and has counsel and attor FORMS, COMMON . Are the usual
neys assigned to conduct his case free of clauses in deeds and other documents
charge. An order of the Court is neces- relating to property, and they are called
sary, which is to he obtained upon a petition common, because of their frequent use.
of the party, accompanied with aa certificate They are adapted in general to each par
of counsel. The order must be served on ticular subject-matter, according to its own
the opposite party , and only takes effect nature .
as from the date of such service (Fray v.
Voules, L. R. 3 Q. B. 214 ) ; but, subject to FORMULÆ. In Roman Law, when the
that rule , the party may be admitted to legis actiones were proved to be incon
sue or defend in this capacity at any stage venient, a mode of procedure called per
of the proceedings. Moreover, he may formulas ( i.e., by means of formula ) was
appeal without making any deposit (Dren- gradually introduced, and eventually the
nan v. Andrew , L. R. 1 Ch . 300 ). legis actiones were abolished by the Lex
FORMALITIES OF CONTRACT. Are Aebutia , B.c. 164, excepting in a very few
exceptional matters . The formulæ wero
governed in international law by the lex four in number, namely. ( 1.) The Demon
loci actus, i.e., the law of the place in stratio, wherein the plaintiff stated, i.e.,
which the contract is entered into .
shewed the facts out of which his claim
FORMEDON, WRIT OF. This was an arose , ( 2. ) The Intentio, where he made his
action in the nature of a writ of right. claim against the defendant, (3. ) The Ad
There were three species of the writ, judicatio, wherein the judex was directed
viz. : to assign or adjudicate the property or any
( 1.) Formedon in the descender ; portion or portions thereofaccording to the
(2.) Formedon in the remainder ; and rights of the parties, and ( 4. ) The Condem
(3. ) Formedon in the recersion ; nutio, in which the judex was authorized
these forms of writ being applicable and directed to condemn or to acquit ac
respectively in the following cases : -- cording as the facts were or were not
( 1.) Formedon in the descender, where proved . These formulæ were obtained
the tenant in tail aliened the land en- from the magistrate ( in jure ), and were
tailed or was disseised thereof and died , and thereafter procceled with before the judex
the heir in tail wanted to recover the land ( in julicio.) Their utility was largely
against the then tenant of the freehold ; extended by the praetor by means of
1
1
1
FORMULÆ — continued . FRANK PLEDGE - continued .
fictions inserted in them in order either answerable in like manner for his vassals,
to found the jurisdiction or to give the and for those landless men who had “ am
plaintiff a legal ground of suing, he having mended ” themselves to him .
an equitable ground to begin with. The See titles COMMENDATIO ; HLAFORD ;
formulæ continued in use until 294 A.D., POLICE.
when they were abolished by Diocletian , FRANK TENEMENT. Is the same as
in whose reign the extraordinarium judi freehold , the word frank denoting free. It
cium was introduced . The formulæ cor
responded very nearly to the old forms of is opposed to the phrases villein tenement
and copyhold tenement, which were not
action in English Law , as represented by free holdings.
the writs originally issuing out of the See titles FREEHOLD ; TENEMENT ;
Court of Chancery . FEUDAL SYSTEM. 1
See titles FICTIONS; LEGIS ACTIONES,
&c . FRANKALMOIGN. Is species of
a
FORNICATION . An offence against the tenure of lands granted by the owner to
laws ecclesiastical , consisting in the illicit the church or to any monastic body, to
sexual intercourse of unmarried persons , Hold to the church or monastery for ever
adultery being the like illicit relation of free (as the name denotes) of all manner of
services to the donor for ever, save and
personseither or both of whom are married .
The offence was punishable by excom except the saying of prayers and the dis
munication and otherwise by the Eccle tributing of charity to the poor for the
welfare of the soul of the donor and his
siastical Courts (27 Geo. 3, c. 44), but ( in
the case of lay persons) it is now punish family for ever.
able as a mis demeanour only ( 23 & 24 Vict. FRANKMARRIAGE . Is a species of
c. 32 ) ; in the case of ecclesiastics, either tenure of lands granted by the owner to
deprivation or suspension would be the his son -in - law , to hold to such son -in -law
punislıment. and the heirs of the marriage free ( as the
See titles BRAWLING ; EXCOMMUNICATO name denotes) of all manner of services to
CAPIENDO, WriT OF ; SUSPENSION ; the donor until the fourth generation,
DEPRIVATION . other than the sole service of the marriage.
FORTESCUE AND GOODWIN : See title FRAUD. At Law, fraud has been thus
ELECTIONS, Coumons' Rights IN . variously described :
FORTIOR DISPOSITIO LEGIS : See title ( 1.) Falsely and fraudulently warranting
FIRMIOR OPERATIO LEGIS. a specific article sold ( Langridge v. Lery,
FORUM REI : See titles ACTOR SEQUI 2 M. & W. 519 ) ; the scienter is an essential
TUR Forum REI ; VENUE. part of the definition, and its absence dis
pels the fraud ( Longmeid v. Holliday,
FOX'S LIBEL ACT : See title Press, 6 Ex. 761 ) ;
LIBERTY OF.
(2.) Falsely and fraudulently represent
FRANCHISE. An incorporeal heredita- ing a man as a safe customer ( Pasley v.
Freeman, 3 T. R 51 ), where the repre
ment or right, such as a ferry, or a market,
entitling the owner of the franchise to také sentation is intended to be acted upon , and
certain tolls or pecuniary payments. Some is in writing under 9 Geo. 4, c. 14, 8. 6 ;
times, also , it denotes an exemption from (3.) Recklessly asserting, without any
the ordinary jurisdiction, coupled with the knowledge of the matter, the existence of
right of exercising a jurisdiction of one's a certain state of circumstances, and in
own ; and in this last signification it is a ducing the plaintiff, in reliance thereon ,
royal privilege or branch of the king's pre- to act upon the error, to his loss ( Evans v. 1
rogative, subsisting in the hands of a sub- Edmunds, 13 C. B. 777 ) ; and
ject; e.g., to be a county palatine, to have (4. ) Asserting without any knowledge
right to hold a Court leet, to have waifs, of the matter, but with a disbelief of his
wrecks, estrays, treasure -trove, royal fish , own assertion, the existence of a certain
forfeitures, and deodunds (3 Cru. 278 ). stite of circumstances, and inducing the
plaintiff in reliance thereon to act upon it
FRANCHISE, ELECTORAL : See title to his loss ( Taylor v. Ashton , 11 M. & W.
ELECTORAL FRANCHISE.
415).
FRANK PLEDGE. Every freeman (not In Equity, fraud has been distinguished
being a hlaford ) was bound to be enrolled into the varieties following :
in a frith -borh, i.e., an association of ten 1 , Actual Fraud , and hereunder two
freemen, who were responsible for the sub -varieties, namely :
appearance of any of their number when (A.) Frauds from a regard to the
required to answer in a Court of law. The peculiar position of the le
blaford was the feudal superior, who was frauded person ,
FRAUD - continued . FRAUD - continued .

(B.) Frauds without any such regard, position in which they stood before or at
but arising from conduct gene- the time of the contract (Clarke v. Dick
rally, as being either son , El . Bl. & El. 148 ); and therefore a
(i . ) Suggestio falsi ; or, contract, although induced by fraud , can
(2. ) Suppressio veri. not be avoided if the rights of an innocent
II. Constructive Fraud, and hereunder vendee have in the meantime intervened
three sub- varieties, namely : ( Queen v. Saddlers' Company, 10 H, L. C.
( A. ) Frauds, because evasions of the 420 ).
rules of public policy , At Law, an action to recover damages
( B.) Frauds, because violations of arising from fraud, or ( upon a disaffirm
trust or of confidence reposed, ance ) an action on the common indebitatus
(C.) Frauds, because of unconscien- count, will lie in the following cases :
tious nature of acts themselves, ( 1. ) Where the defendant has stated or
either represented as a matter of fact ( and not of
( 1. ) Asagainst the parties ; or, opinion merely ) what is untrue, knowing
( 2. ) As against third persons. it to be untrue, with intent to induce the
I. The remedies available at Law for a plaintiff to act upon it, and has therely
fraud are the following : induced the plaintiff to act upon it, to his
( 1.) An action on the case in the nature loss ( Pasley v. Ireeman, 3 T.R. 51 ) ;
of a writ of deceit, and recover- (2.) Where the defendant has stated
ing damages for the fraud ; and or represented as a matter of fact ( and not
(2. ) An action on the common indebi- of opinion merely ) what is untrue, without
tatus count for money had and knowing whether it is false or true, but
received, and recovering the full not believing it to be true, with intent to
amount of the debt. induce the plaintiff to act upon it, and
Generally speaking, the first of these has thereby induced the plaintiff to act
two remedies, viz., an action to recover dam- upon it, to his loss ( Taylor v. Ashton,
ages arising from fraud, will lie in every 11 M. & W. 410) ;
case of fraudl; but if the plaintiff chooses to (3.) Where the defendant has stated
disaffirm the contract on the ground of fraud , or represented as a matter of fact (and not
he may then bring the second form of of opinion merely) what is untrue, knowing
action , viz., an action on the common inde- it to be untrue, but from defect of memory
hitatus count ( Neate v . Harding, 6 Ex. believing at the time that it is true , with
349). But some act of disaffirmance must intent to induce the plaintiff to act upon
in every case precede the commencement it, and has thereby induced the plaintiff to
of the latter form of action ( Smith v. Hod- actupon it, to his loss ( Slim v. Croucher, 2
son , 4 T. R. 211 ; 2 Sm . L. C. 119, and Giff . 37 ) ;
notes ). (4. ) Where the defendant has fraudu
There is, however, a limit to the right lently concealed from the plaintiff some
of bringing the first action , i.e., an action defect which it was his duty (either
on the case in the nature of deceit, it generally or by reason of the special cir
being a rule of the Common Law that cumstances of the transaction ) to disclose ,
such an action will not lie against a with intent to induce the plaintiff to act
principal for the fraudulent representations upon the assumption of the absence of
of his agent, the principal not having such defect, and has thereby induced the
either expressly or impliedly authorized plaintiff to act upon that assumption, to
the agent to make the representations his loss ( Horsfall v. Thomas, 1 H. & C.
( Cornfoot v. Fowke, 6 M. & W. 358 ) ;: and 90 ) ; and
thereforean incorporated company cannot ! (5.) Where the defendant has falsely
as such be made liable in this action for and fraudulently warranted a specific
the false representations of its directors, article sold ( Langridge v. Levy, 2 M. & W.
the company not having authorized the 519) ; in which latter case (waiving the
directors to make the representations fraud ) an action would lie for breach of
( Western Bank of Scotland v. Addie, L. R. warranty.
i S. & D. 162 ), the remedy (if any) being But an action will not lie at Law in the
against the directors only (Gerhard v. following cases :
Bates , 2 El . & Bl. 487). ( 1.) Where the defendant has stated or
And there is also a limit to the right of represented as a matter of fact (and not of
bringing the second action, i.e., an action opinion merely ) what is untrue, knowing it
for money had and received, it being a rule to be untrue, but without intent to induce
of the Common Law that such an action the plaintiff to act upon it, although the
will not lie if the circumstances have so plaintiff may have been induced thereby
far changed since the date of the contract to act upon it, to his loss (Way v. Hearn,
that the parties cannot be restored to the 13 C. B. (N.S.) 292) ;
FRAUD - Continued . FRAUD - continued .
( 2. ) Where the defendant has stated or ( A. ) Where the remedy sought is the
represented as a matter of fact (and not of BESCISSION OF THE CONTRACT, the following
opinion merely ) what is untrue, without are the general requisites to the success of
knowing whether it is false or true, but the suit :
beliering it to be true, and not being under ( 1. ) That the party against whom relief
any duty to know the contrary, with intent is sought can be remitted to his former
to induce the plaintiff to act upon it, and position, the interests of third parties with
has thereby induced the plaintiff to act out notice of the fraud not having mean
upon it, to his loss ( Evans v. Collins, while intervened ;
5 Q. B. 804). ( 2. ) That the contract may be rescinded
( 3. ) Where the defendant has stated or in toto, unless indeed it be severable in its
represented as matter of opinion merely nature , in which latter case the rescission
what is untrue, believing it to be true, with of the fraudulent portion of it may , subject
intent to induce the plaintiff to act upon to the first requisite, be obtained (Maturin
it, and has thereby induced the plaintiff to v. Tredennick, 12 W.R.710 ) ; and
act upon it , to his loss ; and (3.) That the person who committed the
( 4.) Where the defendant has fraudu- fraud or a privy of such person , is the party
lently concealed from the plaintiff some contracting, and not a mere outside person
defect, which it was not the duty of the ( Pulsford v. Richards, 17 Beav. 95 ).
defendant (either generally, or by reason of The terms upon which a transaction is
the special circumstances of the trans- rescinded are in general upon the plaintiff
artion ) to disclose, but on the contrary the doing equity. Thus, fraudulent instru
duty of the plaintiff to discover, with ments are commonly set aside on repayment
intent to induce the plaintiff to act upon by the plaintitt' of the actual consideration
the assumption of the absence of such de- given, with interest thereon at a reasonable
fict, and has thereby induced the plaintiff rate ; or they are directed to stand as a
to act upon that assumption , to his loss. security for the moneys actually advanced
As to pleading fraud at Law , the defence with the like interest, or for what upon
must be specially pleaded, although it is taking the accounts shall be ascertained
generally suflicient for the defendant to to be really due. And where the transac
allege that he was induced to make the tion affects real estate, it is usual to direct
alleged contract by the fraud of the plain- a reconveyance thereof upon repayment of
tiff'; nevertheless, some particularity must the purchase-moneys and all sums laid out
be shown. Where fraud is plearled with in improvements and repairs of a perma
particularity, no other fraud can be proved nent and substantial nature by which the
than that which is averred ( Tuck v . Tooke, present value is improved, with interest
9 B. & C. 437 ), and therefore there should thereon from the respective times of the
always be a general allegation of other actual disbursements, the party in posses
frauds in addition to the fraud or frauds sion accounting on his part for deteriora
particularised. Sometimes the Court orders tions and for the rents received and profits
particulars of the fraud to be delivered made in the meantime out of the estate .
( Marshall v. Emperor Life Assurance So- But cestuis que trust in respect of the
ciety, L. R. 1 Q. B. 35 ). frauds of their trustees, and principals in
II. The remedies available in Equity respect of the frauds of their agents, stand
for ክa fraud are the following : upon more favourable terms, being entitled
( 1 ). The Rescission of the Contract, in- at their option to hold the defrauding per
cluding the cancellation and delivery up , son to his fraud if that is more beneficial to
and the setting aside, of the agreement them , and at the same time to take the profits
( 2. ) The specific performance of the he has made by the fraud, or at their option
fraudulent representation ; to have the property re- conveyed, and inte
(3.) An injunction from profiting by the rest paid at the rate of 5 per cent., instead
fraud ; and of 4 per cent. , which is the usual rate in
(4. ) A declaration making the defraud- other cases. In the case of two or more
ing party a trustee for the party defrauded. co -partners, where one of them has been
Every such remedy is available by action induced by fraud to enter into the partner
on the case. The statement of claim must ship, the terms of rescission are that his
not rest upon a mere general allegation of co -partner or co-partners repay him what
fraud, but must state in a particular manner ever he has paid , with interest thereon,
the details of the transaction which is im- and indemnify him against all liabilities
pugned as fraudulent, in order that the incurred by him through having become
Court may infer from that statement and been a partner, he on his part account
whether there was or pot any fraud in the ing for what profits he has received out of
transaction (Gilbert v. Lewis, 1 De G. J. i | fraudulently
the partnership. Where a man has been
induced to take shares in a
& S. 38 ).
FRAUD - continued . FRAUD - continued .

company, he is entitled to recover his ( C.) When an INJI'NCTION is the remedy
money and to have his name removed from sought, that remedy is in general available
the register, he accounting to the company in the following cases :
for any dividends or other profits in the ( 1. ) Where a creditor of the intended
meantime received by him , assumiug always husband represents to the father or other
that the rights of third parties (e.g. , cre- relation in loco parentis of the intended
ditors) have not intervened . wife that the husband is not indebted to
( B. ) Where the remedy sought is the SPE- him ( Neville v. Wilkinson, 1 Bro. C. C.
CIFIC PERFORMANCE OF THE REPRESENTA- 513 ).
Tion , the following are the general requi- (2.) Where a brother or other person
sites to the success of the suit : gives the intended wife a sum of money to
( 1. ) That the actual subject matter of swell her fortune, taking a bond for the
the representation substantially exists as repayment of the sum (Gale v. Lindo,
it was represented as being, and that the 1 Vern. 475 ; Turton v . Benson, 1 P. Wms.
difference accordingly admits of compen- 496).
sation ; and (3. ) Where the defrauding party threat
( 2.) That the plaintiff is himself inno- ens to part with or transfer property which
cent in respect ofthe fraud or misrepresen- he has fraudulently obtaineil, e.g., by
tation , paying over moneys, negotiating securities,
This remedy is available in the following and such like.
( asis : (4.) Where the fraud consists in the
( 1. ) Against one who is a party to the piracy of a trade -mark.
contract : ( 5.) Where a right of prospect was the
( a .) Where the property is subject to inducement upon which a person took a
incumbrances concealed from the lease, and the lessor threatens to destroy
purehaser, and the vendor can by the rights by buildings opposite (Piggott v.
paying off these make good his Stratton , John. 359 ).
assertion that the property is (6. ) Where a retiring trader has sold the
unincumbered ; and goodwill of his business, upon the express
(1.) Where the property is subject to or even implied understanding not to set
some small rent not disclosed at up the same business next door, and he
the time of the contract, and the nevertheless proceeds to do so .
vendor may satisfy or provide ( D. ) Where the remely sought is a DE
for the same by some deduction CLARATION that the defrauding person is a
from the purchase -money, or by TRUSTEE for the defrauded person, that
some commutation payment. remedy is available in the following
(2.) Against one who is not a party to cases :
the contract : ( 1.) In the case of moneys which have
( a .) Where a person makes a false been fraudulently appropriated ;
representation of the value of pro- (2. ) In the case of judgments or decrees
perty which is agreed to be charged fraudulently obtained .
in favour of another person as It is clear that a Court of Equity cannot
security for a loan to some third set aside the judgment of a Court of Com
person ( Ingram v. Thorpe, 7 Hare, mon Law ; but it may decree thesuccessful
67 ; also Burrowes y . Lock, 10 party who is successful through a fraud to
Ves. 470 ; Cleland v. Leech, 5 Ir. reconvey to, or hold in trust for, the party
Ch. 478) ; and thereby defrauded any property or profit
(b ) Where the father of an intended he may have acquired as the fruits of or
wife promises to her intended under the judgment ( Barnesby v. Powell,
husband to leave her a sum of 1 Ves. 120, 285; Allen v. Macpherson, 1 Ph .
money by his will , and the mar- 145 ; 1 H. L. C. 213 ).
riage contract follows upon the In the case of the defence of purchase for
faith of such promise (Bark- value without notice of the fraud, that de
worth v. Young, 4 Drew . 1 ; and fence must be pleaded specially ; but it is
see the very similar case of Hutton sufficient to deny the notice generally,
v. Rossiter, 7 De G. M. & G. 9 ). unless particular facts are alleged as evi
It follows that specifie performance is dence of the notice ( Pennington v. Beechey,
excluled in all cases where the property is 2 Sim . & Stu . 282 ).
substantially different to what it was re- Sometimes Law had jurisdiction in cases
presented as being, eg., if it is freehold of fraud where Equity had none. Thus,
instead of copyhold , or leasehold instead of ( 1.) Equity would not rescind a contract,
freehold , and rice rerea, or if it is an where the parties to it could not be re
underlease and not an original lease, or stored to their respective original positions ;
vice rersá, and so forth. and Law was , in that case, the only forum
FRAUD- continued . FRAUD IN COMPANY LAW - contd .
for redress (Great Luxembourg Ry. Co. v. induced by fraud being valid until avoided,
Magnay, 25 Beav. 587 ). And again, (2 ), their avoidance or rescission may be ren
where the party to the contract was neither dered impossible through the intervention
the person who committed the fraud nor a of the rights of third persons, e.g., after
privy of such person , the party defrauded the commencement of a winding -up ( Spack
could liave no rescission of the contract in man v. Evans, L. R. 3 Ho. Lo. 171; Dakes
Equity ; and unless therefore the misrepre- v. Turquand, L. R. 2 Ho. Lo. 325 ). A
sentation might be madegood, he had to geek fraudulent prospectus affords in general a
redress at Law against the person guilty of ground of action even by the Common
the fraud ; whence, for the fraudulent re- Law ; and if it omit to disclose any mate
presentations of the directorsof a company, rial contract, it is fraudulent by statute
not being representations authorized by the ( Companies Act, 1867, s. 38). Purported
company, the redress was at Law (Brock- transfers of shares are fraudulent, where
well's Case, 4 Drew . 205 ). Again, ( 3 ), they are subject to some reservation in
where a person had given a general repre- favour of the transferor ( De Pass's Case,
sentation of the character or credit of 4 De G. & Jo. 544 ). In general the
another, which was fraudulent, the person trustees and not the cestuis que trustent
injured thereby, from bis reliance thereon, are liable on shares ; but if the trustee is a
could have no redress in Equity, but was mere fraudulent nominee, the cestuis que
to proceed at Law in an action for damages trustent are liable ( Cox's Case, 4 D. J. & S.
(Whitmore v. Mackeson, 16 Beav. 128 ). On 53).
the oiher hand, Equity had sometimes FRAUD, INDICTABLE. Misappropria
jurisdiction where Law had none. For, in
general , Courts of Equity acted upon much tion of the moneys with which persons in a
slighter evidence of fraud than Courts of fiduciary relation are intrusted, e.g., by
Law would do. And in the great majority trustees, brokers, agents, &c., is a fraud
indictable under the statute 24 & 25 Vict.
of cases , although there was a remedy at c. 96.
Law , yet the remedy in Equity was con See title FRAUDULENT TRUSTEES.
current, and it was therefore optional for
the plaintiff to sue in either jurisdiction, FRAUD, LEGAL, APART FROM MORAL
according as he found the remedy either FRAUD. The question has been raised
more convenient or more adequate ; thus in whether legal fraud, unaccompanied by
Colt v. Woollaston (2 P. Wms. 154), a bill moral fraud, is actionable . This question
for the mere recovery of moneys was held only amounts to this, whether a false repre
not demurrable, and that case has been sentation made without knowledge that it
often followed since ; and in Barry v . is false, and without any dishonest inten
Crosskey (2 J. & H. 30 ), a bill in Equity tion or reckless assertion should make the
was more convenient, as avoiding a multi person ( who has made it) liable in damages.
plicity of actions. And of course, since The question is rendered more complex
the fusion of Law and Equity by the where the fraud occurs under the follow
Judicature Acts, 1873-75, all these dis ing circumstances : A. employs B. as liis
tinctions between the remedies respectively agent to sell a house ; C. goes to the agent,
a vailable in the Common Law and the intending to buy the house, and asks B.
Chancery Divisions are become of less than whether there is anything objectionable
secondary importance, as every Division about the house or the neighbourhood. B.
may now mete out all the same remedies, answers — no, and honestly believes there
according as the circumstances of the par is nothing objectionable, but A., his prin
ticular cases may require. cipal , knows that the next house has a bad
FRAUD IN COMPANY LAW. For mis reputation. C. thereupon sues A. for the
false representation of B., his agent :
representations by its directors, a company Held , that A. was not liable, as he did not
isresponsible to the extent of the profits giveB. any instructions to make the mis
( if any) which it has made thereby ; and representation ( Cornfoot v. Fowke, 6 M. &
otherwise the remedy is against the direc- W. 358).
tors personally ( Western Bank of Scotland
V. Addie, L.R. 1 Sc. App. 145) ; and the FRAUD ON MARITAL RIGHTS. After
action will lie against one or more of the the period of intimacy which results in the
fraudulent directors without joining the marriage has de facto commenced , any dis
other or others (Parker v. Lewis, L. R. position (not being for value) by the
8 Ch. App. 1035 ); but no action lies against female without the knowledge of her then
the executor of a deceased fraudulent intended husband is aa fraud on his rights
director, unless to the extent that his as a husband ( England v. Downes, 2 Beav.
estate has profited by the fraud ( Peek v. 528) ; and that, even although the hus
Gurney, L. R. 6 H. L. 377). Contracts band is unaware that she is entitled to the
FRAUD ON MARITAL RIGHTS - contd . FRAUDS, STATUTE OF — continued.

property or in fact to any property (God- debt, default, or miscarriage of another
dard v. Snow , 1 Russ. 485), but no such person ; or
disposition is fraudulent if made for a fair (3.) Whereby to charge any person upon
value, or if made with notice to the hus. any agreement made upon consideration of
band ; or if made prior to the commence- marriage ; or
ment of the period of intimacy with the (4.) Whereby to charge any person upon
husband that afterwards is, although it any contract or sale of lands or any interest
was made during the female's de facto in or concerning them ; or
intimacy with another man whom she (5.) Whereby to charge any person upon
eventually rejects ( Strathmore v. Bowes, any agreement that is not to be performed
1 Ves. 22). within the space of one year from the
making thereof ,
FRAUDS, STATUTE OF . This is the Unless the agreement or some memoran.
famous stat. 29 Car. 2, c. 3, which applies dum or note thereof is in writing and
as well to Real Property as to Equity and signed by the party to be charged there
to Common Law . with, or his agent lawfully authorized
I. As applying to Real Property. It (s. 4) ;
enacts that all leases, &c., of lands made And it further enacts, that no contract
without writing signed by the parties or for the sale of any goods for the price of
their agents lawfully authorized in writing, £ 10 or upwards shall be allowed to be
shall have the force of leases, &c., at will good ; unless
only (s. 1 ) ; except, nevertheless, leases not ( 1.) The buyer shall accept part of the
exceeding three years from the making goods so sold and actually receive the
thereof which reserve two -third parts at same ; or
the least of the full improved value of the ( 2.) Give something in earnest to bind
lands demised (s. 2) ; and that no lease, the bargain, or in part payment; or
& c., of lands (not being copyholds) shall be (3. ) Some note or memorandum in writ
assigned, &c., or surrendered, unless it be ing of the said bargain be made and signed
by writing, signed by the party assigning, by the parties to be charged by suchcou
& c., or surrendering , or his agent lawfully tract or their agents lawfully authorized
authorized in writing, except, nevertheless ( s. 17).
assignments, & c., and surrenders by act
and operation of law (8. 3). FRAUDULENT CONVEYANCES. Gifts,
II. As applying to Equity. It enacts whether of lands or of personal estate,
that all declarations or creations of trusts which are fraudulent, are so either ( a .) By
of lands shall be in writing signed by the the Common Law ; or (b.) By the Statute
party declaring or creating the same (s. 7) ; Law ; and where they are fraudulent by
except, nevertheless, trusts arising or re- Statute Law , they are so, either ( aa .)
sulting by the implication or construction Under the Statutes of Elizabeth against
of law, or transferred or extinguished by Fraud ( 13 Eliz. c. 5, and 27 Eliz. c. 4) ; or
act or operation of law ( 8. 8 ); that all (bb.) Under the Bills of Sale Act, 1878 ;
grants and assignments of trusts shall be or ( cc.) Under the Bankruptoy Act, 1869.
in writing signed by the party granting ( A.) By the Common Law ;-The cri
or assigning the same ( s. 9 ) ; and that the terion of fraud at the Common Law is not
sheriff may take upon an execution for the single but complex, its chief element being,
debts of the cestui que trust all lands of however, the debtor's continuance in posses
which any one is seised or possessed in sion of the goods after the conveyance
trust for him at the time of execution thereof ( Edwards v. Farben, 2 T. R. 587) ;
sued in like manner as the sheriff might unless where (as in the case of a mortgage)
or could have done if the cestui que trust such continuance in possession is consistent
had been himself seised thereof at that with the conveyance.
time; also, that such lands being fee sim- ( B.) Under the Statutes of Elizabeth :
ple lands descending to the heir of the By the Act 13 Eliz., c. 5, all conveyances
cestui que trust shallbe deemed assets by whether of lands or of goods, contrived of
descent for payment of such debts, in like fraud to the end of delaying creditors and
manner as they would have been if the others of their lawful actions, suits, debts,
estate had been legal (s. 10). or dues, are declared to be void, but only
III. As applying to Common Law . It as against the creditor who is delayed
enacts that no action shall be brought,- thereby, his heirs, executors, administra
( 1.) Whereby to charge any executor or tors, and assigns; and by the Act 27 Eliz .
administrator upon any special promise to C. 4, all gifts inter vivos of lands made of
answer damages out of his own estate ; or purpose to defraud or deceive subsequent
(2.) Whereby to charge the defendant purchasers thereof ( s. 1 ), and all such gifts
upon any special promise to answer for the made revocable at the will of the maker
R
FRAUDULENT CONVEYANCES — contd . FRAUDULENT CONVEYANCE8 - contd .
thereof (8. 4), are declared to be void, but position ( Turleton v. Liddell, 17 Q. B. 390)
only as against the subsequent purchaser in consequence of the fraud : and if he or
thereof, his heirs, executors, administrators, any person for him should have given
and assigns, and other persous lawfully value. the gift will be valid ( Copes v.
claiming under him or them . And by s. 2 Middleton, 2 Madd. 410 ; Holmes v. Penny,
of the former Act and s. 2 of the latter Act, 3 K. & J. 90 ), as it will also be in favour
a penalty is inflicted upon the parties and of a purchaser under him ( Doe v. Martyn ,
privies to the fraud (Poulton v . Wiseman, 1 B. & P. 332 ).
Noy. 105). (3. ) The creditors intended by the sta
In the construction of the two statutes tute are general creditors ( George v. Mil
it has been held that in raising a case of banke, 9 Ves. 190), not mortgage creditors
fraud to upset the gift, the fraud against ( Stephens v. Olive, 2 Bro. C. C. 90), unless
creditors under the 13 Eliz. c. 5, must be as to the unpaid surplus after realising
proved to have existed and been complete their securities ( Harman v. Richards, 10
at the date of the conveyance ( Stone v . Hre, 81 ), or unless, semble, as to the whole
Grubham , 2 Bulst. 225 ), but that the fraud amount of the debt when they abandon
against purchasers under the 27 Eliz. c. 4, their securities ( Lister v. Turner, 5 Hare,
is only complete as from the date of the 281 ). A voluntary creditor may sue
subsequent sale, from the mere fact of ( Markwell v. Markwell, 34 Beav. 12 ), pro
which having been afterwards made the vided he have a legal debt vested in hiin.
fraud is conclusively inferred ( Townshend ( Sewell v. Morey, 2 Sim . (N.S.) 189).
v. Windham, 2 Ves. Sen. 1 ). II . Under the 27 Eliz. c . 4 :
And in consequence of this distinction ( 1.) The statute extending only to lands,
the following points have been established : a fraudulent settlement of goods is not void
1. Under the 13 Eliz. c . 5 : under it ( Jones v . Croucher, 1 S. & S. 315).
( 1. ) There must at the date of the gift All voluntary conveyances of lands are
have been creditors in existence , or, in other fraudulent under it, not as being voluntary
words, the maker of the gift must at that merely, but as being conclusively fraudu
time have been indebted, which means lent (Doe v. Routledge, 2 Cowp. 705 ;
embarrassed ( Townsend v. Westacott, 2 Beav, Perry Herrick v. Altwood, 2 De G. & J.
340). If, therefore, the maker was not in- 21 ). If the subsequent purchase is merely
debted at the date of the gift, the gift is a contrivance to get rid of the voluntary
good (Houghton v. Tote, 3 Y. & J. 486 ) ; as deed , that makes no difference under the
it also is, even where he is indebted at that statute, as neither does mala fides in the
date, provided he be not also then embar- subsequent purchasers ( Doe v. Manning, 9
rassed, but have ample ( Skarf v . Soulby, East, 599), at least in this country, although
1 Mac. & G. 364 ), or even less than ample the rule is otherwise in America, (2 N.
( Holmes v. Penny, 3 K. & J. 90) means of York Rev. Stat. p . 131 ). A mortgagee is
then clearing off his indebtedness; but a purchaser within the meaning of the
the maker's iguorance of his embarrass- statute ( Rand v . Cartwright, 1 Ch. Ca. 59 ),
ment will not make the gift a valid one but a judgment-creditor is not ( Beavan v .
( Christy v. Courtenay, 13 Beav. 96), the Oxford (Earlof), 6 De G. M. & G.492). And
objective fraud and not the subjective inno- it does not matter that the voluntary gift
eence being the criterion looked at ( Spirett is to a charity being private (Hinton v .
v. Willows, 34 L. J. (Ch. ) 365), in this Toye, 1 Atk. 465), or, semble, being public,
country at the least, although the subjective (43 Eliz. c. 4 ; Trye v . Corporation of Gloc
innocence is regarded in America ( Hinde's cester, 14 Beav. 173).
Lessee v. Longworth , 11 Wheaton, 199). (2. ) The purchase-money, as such, is not
Any contrivance to get rid of the creditors liable to be appropriated by the volunteers
existing at the date of the gift, otherwise in specific recompense for the avoidance of
than by a bonâ fide payment of theirdebts, the gift to them ( Daking v. Whimper, 26
e.g., a contrivance to substitute fresh cre- Beav. 568), but, as forming part of the
ditors in their places, paying the former general moneys belonging to the maker of
with the moneys of the latter, will not the gift, it is liable to recompense them in
succeed ( Richardson v . Smallwood , Jac. certain ways, at any rate where the volun
552) ; but the substituted creditors will be tary conveyance contains a covenant for
allowed to stand in the places of the former quiet enjoyment ( Hales v. Cox, 1 N. R.
creditors for the purpose of defeating the 344; Dolphin v. Aylward , L. R. 4 H. L.
gift ( Freeman v. Pope, L. R. 9 Eq. 206 ). 486 ). Moreover, the voluntary deed is only
(2.) The subjective innocence of the void so far as the validity of the subsequent
person to whom or in whose favour the purchase or mortgage requires ( Rand v.
fraudulent gift is made will not render it Cartwright, 1 Ch . Ca. 59); and anything
good ( Partridge v. Sopp, 2 Amb. 596), but that has meanwhile been done for value by
will save him from being placed in a worse the donee under the voluntary deed remains
FRAUDULENT CONVEYANCES— contd. FRAUDULENT CONVEYANCES --contd .

good (Sugden's Vendors and Purchasers, Moreover, every such bill of sale as
14th ed . pp. 719-720). aforesaid must be re -registered every five
( 3.) The subsequent purchase which is to years ; such re -registration being made by
avoid the voluntary deed must be made from the Master upon the applicant filing an
the vendor personally ( Richards v. Lewis, affidavit in the Master's office in the forin
20 L. J. (C.P. ) 177), not from his devisee given in Schedule A of the Act.
( Doe v. Rusham, 17 Q. B.724 ), nor from his Under this Act (as was decided under
heir-at-law ( Lewis v. Rees, 3 K. & J. the foriner Bills of Sale Act, 1854 , and the
132 ). Act of 1866 amending same), a bill of sale
(C. ) Under the Bills of Sale Act, 1878.-- which would be void in itself is not made
By the Act 41 & 42 Vict. c. 31, every bill valid by registration ( Re Daniel, Ex parte
of sale of personal chattels made on or Ashby, 25 L. T. 188). But assuming that
after the 1st of January , 1879, whereby, the bill of sale is good in itself, then the
whether the same be absolute or condi. assignee has seven days during which he
tional , the grantee or holder thereof shall mayneglectregistration ( Banbury v. White,
have power, either with notice or without 2 H. & C. 300 ) ; and if he takes possession
notice, and either as from, or at any future during these seven days he obtains a
time after, the execution of the bill of sale , valid possession which dispenses with the
to seize or take possession of any property necessity for registration altogether (Mar.
comprised in such bill , is as against all ples v. Hartley , 30 L. J. ( Q.B.) 92). The
assignees or trustees in bankruptcy, general seven days are reckoned exclusively of the
assignees, and execution creditors void to day of the execution of the bill of sale
all intents and purposes to the extent of ( Williams v. Burgess, 12 Ad. & E. 635) ;
such part of the property therein comprised and in case the last of the seven days falls
as consists of personal chattels being in the on a Sunday or other dies non juridicus, the
possession or apparent possession of the next following day is added to the seven
maker of the bill of sale at or after the date (s. 22 Act1878 ).
of the bankruptcy, general assignment, or If the first registration is informal and
execution (as the case may be ), and after is invalid, the bill of sale may be taken off
seven days from such date, unless the fol- the file and then put on again, and a proper
lowing requisites have been complied with , registration of it made, provided the first
namely, seven days have notelapsed ( In re Wright,
( 1.) The bill of sale (including the sche- 27 L, T. 192 ; 41 & 42 Vict. c. 31 , s . 9).
dule thereto, if any ), ora true copy thereof, An unregistered bill of sale, being good
is to be filed with the Master of ihe Court in itself , is of course good against the
of Queen's Bench within seven days from maker of it ; it is also good against a sub
the execution of the bill of sale ; sequent registered bill ofsale (Maugham v.
( 2.) An affidavit (a ) of the time of Sharpe, 17 C.B. (N.S.) 443). Where suc
making the bill ofsale,(b) of the residence cessive bills of sale are given within every
and occupation of the maker thereof, and successive period of seven days, there, if a
(c) of the residence and occupation of the fraud is inferable, the attempt to evade the
witnesses attesting the bill, is at the same statute fails ( Ex parte Foxley, Re Nurse,
time with filing the billof sale (Grindell L. R. 3 Ch . 515 ); but if no fraud is infer
v. Brendon, 6 C. B. (N.S. ) 698 ), and within able, the evasion succeeds ( Ex parte Harris,
seven days from the execution thereof, Re Pulling, L. R. 8 Ch. 48 ), unless it is
to be filed in like manner as the bill of sale made void by the 9th section of the Act of
itself; and one of the attesting witnesses 1878.
must be a solicitor of the Supreme Court, Mere registration would not make a bill
and the attestation clause must state that of sale valid in the case of the subsequent
the effect of the bill was explained by bankruptcy of the maker,unless possession
such solicitor to the grantor of the bill was taken before the act of bankruptcy on
before execution thereof. which the adjudication was founded ( Badger
And by the interpretation clause a bill v. Shaw , 29 L. J. (Q.B.) 73 ; Stansfield v.
of sale means or includes assignments and Cubitt, 27 L. J. ( Ch.) 266) ; and conversely,
all other assurances of personal chattels ; the neglect of registration in such a case
also, licenses, or other authorities, to take would make the bill invalid, although
possession of personal chattels, as security otherwise it would have been good ( Ashton
for a debt ; also, attornment clauses, which v. Blackshaw , L. R. 9 Eq. 510) ; but now
are mere incidents to the security and are under the 20th section of the Act of 1878
not incident to any demise (ss. 4,6). More- registration without possession taken will
over, the phrase " personal chattels ” means suffice to support the bill ( In re Gibson ,
or includes goods, furniture, and fixtures, Ex parte Bollard, 8 Ch. Div. 230).
meaning tenant's fixtures, as distinguished The Bills of Sale Act expressly exempts
in the Act. marriage settlements from its provisions ;
R2
FRAUDULENT CONVEYANCES — contd . FRAUDULENT CONVEYANCES — contd.
but this exemption extends only to ante- been presented against such trader are to
nuptial and not also to post-nuptial settle- vest ( less the sheriff's or bailiff's expenses)
ments ( Ashton v. Blackshaw, supra ). in the trustee in the bankruptcy. By s. 91
In the case of a mortgage of land or a of the Act, ante- nuptial settlements re
messuage with the fixtures, the Courts used main as under the Common Law, and post
to take this distinction nuptial settlements of property coming to
(a . ) That if the fixtures passed with the the wife, or to her husband (being a trader)
land or messuage under the words of grant in her right during the coverture, are
( in the case of freeholds, Mather v . Fraser, expressly exempted from the operation
2 K. & J. 536 ) , or of demise or assignment of the Act, but all other post-nuptial
(in the case of leaseholds, Boyd v. Shor- settlements being voluntary , made by
rock, L. R. 5 Eq. 72 ) , then the mortgage traders on their wives and families are
deed, being only secondarily and not pri- primâ facie fraudulent in the case of a
marily a bill of sale, required no registra- subsequent bankruptcy, subject to this
tion, even as to the fixtures (being tenant's distinction , viz. :
fixtures) comprised therein ; ( 1.) If the settlement is made within
And now, under the Act of 1878, s . 7, no two years of the bankruptcy, it is ipso
fixtures are to be deenied to be separately facto fraudulent and invalid ;
assigned, by reason only that they are as- (2.) If the settlement is made within ten
signed by separate words, or that there is years, but outside of two years, of the
a power to sell them separately from the bankruptcy, it is primâ facie fraudulent
land : but trade-machinery (which is de- and is invalid, until proof of the absence of
clared to be personal chattels) dues not in- fraud is adduced ; and apparently
clude the fixed motive power, or fixed power (3.) If the settlement is made outside
machinery, or steam , gas, or water pipes of ten years of the bankruptcy, it is left
(s. 5). to the Common Law, and the primâ facie
Bút (b.) That if the fixtures did not pass presumption of fraud is excluded.
with the land or messuage under the words Also , by s . 92 of the Act, any convey
of grant ( in the case of freeholds) or of de- ance or charge made within three months
mise or assignment ( in the case of lease- of his bankruptcy by a debtor unable to
holds), then the mortgage deed, being pri- pay his debts with the intent to favour
marily and not secondarily merely a bill of a particular creditor, is a fraudulent pre
sale as to the fixtures ( being tenant's fix- ference and void.
tures) comprised therein , required registra- But subject to the aforesaid provisions,
tion as to such fixtures ( Begbie v . Fen- the 95th section of the Act enacts, that the
wick , 19 W. R. 402 ; Hawtrey v. Butlin , following transactions being in good faith
21 W. R. 633 ; L. R. 8 Q. B. 290) ; and so and for value shall be valid notwithstand
also if there was a power to sell the fixtures ing any prior act of bankruptcy, viz.
separately ( Ex parte Daglish, In re Wilde, ( 1.) Any contract regarding, or convey
L. R. 8 Ch . App. 1072 ; E. parte Barclay, ance of, property made by the bankrupt in
Re Joyce, L. R.9 Ch. App. 576). good faith and for value before the date of
(D.) Under the Bankruptcy Act, 1869, the order of adjudication , with or to a
-By s. 6 of this Act, a fraudulent convey. person not having notice of any act of
ance, gift, delivery, or transfer by a debtor bankruptcy ;
of his property, or of any part thereof, is (2. ) Any execution executed in good
made an act of bankruptcy, upon which he faith against tbe debtor's land by seizure,
may be adjudicated a bankrupt within six or against the debtor's goods by seizure
months thereafter. By 8. 15 of the Act. and sale, before the date of the order of
all goods and chattels being at the date of adjudication, on behalf of a creditor not
such act of bankruptcy in the possession, having notice (in the case of lands) before
order, or disposition ofthe bankrupt, being the seizure and ( in the case of goods) before
A trader, by the consent and permission of the seizure and sale of any prior act of
the true owner, of which goods and chat- bankruptcy ( Ex parte Villars, In re
tels the bankrupt is reputed owner, or has Rogers, L. R. 9 Ch. App. 432).
acted as owner thereof, vest in the trustee FRAUDULENT PREFERENCE : See
in bankruptcy upon the adjudication in title FRAUDULENT CONVEYANCES ( D ) Under
bankruptcy. By s. 87 of the Act, the pro
ceeds of the goods of a trader which have Bankruptcy Act, 1869.
been taken in execution in respect of a FRAUDULENT TRUSTEES . Are of
judgment for a sum exceeding £ 50 and course liable civilly to their cestuis que
sold , are to be retained in the hands of the trustent to replace and make good the trust
selling sheriff or bailiff for a period of estate they have misa ppropriated, together
fourteen days, and upon notice within with interest thereon at 5 per cent. per
these days of a bankruptcy petition having annum , or (in lieu of interest) the profits
FRAUDULENT TRUSTEES-continued . FREEDOM OF SPEECH . Is a privilege
which they have made from the misappro inherent in the constitution of Parliament.
priation. And under the stat. 24 & 25 It was violated in Haxey's Case (20 Ric. 2),
Vict. c . 96, s. 80, they are also liable to but the judgment against him was after
a criminal prosecution , and upon conviction wards annulled, and the privilege fully de
to be punished either with penal servitude clared. The privilege was vindicated in
for not more than seven nor less than five Strode's Case ( 4 Hen. 8), and the stat.
years or with imprisonment not exceeding 4 Hen. 8, c. 8, recognised it as general, and
two years with or without hard labour and that statute was re -affirmed in the Bill of
solitary confinement. But the indictment Rights.
must have the previous sanction of the See titles Bill of Rights ; PRIVILEGE
Attorney -General or Solicitor -General, OF PARLIAMENT.
but the plaintiff in the civil action may
receive the direction of the civil judge to FREEHOLD. A freehold is the holding
prosecute, and that would suffice. of a freeman ; and as no freeman could
FRAUS DANS LOCUM CONTRACTUI. originally receive more, or would origi
A misrepresentation or concealment of nally accept less, than an estate for his own
some fact that is material to the contract, life, therefore the original freehold was a
and had the truth regarding which been 1.fe estate. And although, at the present
known the coutract would not have been day, as indeed from a very early period,
made as made, is called a fraud dans locum freehold estates of larger quantity than for
contractui, i.e., a fraud occasioning the life are numerous enough, yet the original
contract, or giving place or occasion for quality of the freehold is still expressed in
the contract. the customary definition of that term which
is, as commonly expressed, the following :
FRAUS EST CELARE FRAUDEM : See -An estate of freehold is any estate of
title DolUS CIRCUITU NON PURGATUR, uncertain duration which may possibly
lust for the life of the tenant at the least.
FREE CHAPELS : See title CHAPELS. Whence an estate granted to a widow
FREE FISHERY : See title FISHERY. during her widowhood is an estate of free
hold.
FREE MINERS. Under the stat. 1 & 2
Vict. c. 43, relating to the mines in the FREIGHT. This is the reward which is
Forest of Dean and Hundred of St. Bria- payable for the carriage of goods by sea,
vel's, all male persons being hundredors whether in a chartered or in a general
of the age of twenty -one years and who ship ; the usual time for payment being
have worked a year and a day in any coal upon completion of the voyage, although
or iron mine or stone-quarry within the ( in charterparties more especially) the pay
hundred are declared free miners and en- ment may be otherwise agreed ; e.g., it
titled to a gale accordingly in their due may be specially agreed that freight shall
order.
See title GALE.
be paid in advance ; and when this is so,
the amount paid cannot be recovered back,
FREE SHIPS, FREE GOODS : See title even if the voyage fails, unless there is a
VISIT AND SEARCH . distinct agreement to that effect.
Where the freight has not been paid in
FREE SOCAGE . Was the commonest advance, but, the goods having been duly
form of freehold tenure, and after 12 Car. 2, laden on board , the ship has broken
abolished knight s tenure, it became almost ground, i.e., has fairly started on the voy
the exclusivetenure of lands. age, then, although the voyage should
See titles FEUDAL SYSTEM ; SOCAGE ; afterwards fail, the freight is nevertheless
VILLEIN SOCAGE . due by Maritime Law ; but, in such a case,
FREEBENCH . A name by which the the shipowner acquires by English Law
dower of widows is known in the case only a right of actionagainst the freighter,
of copyhold lands. It is wholly depend i.e , shipper, for the damage consequential
ent on custom , and is subject to many on his breach of contract, and not for
varying customs, but extends usually to freight properly so called ( Curling v. Young,
one-third of the lands of wbich her hus 1 B. & P. 636 ). In some cases, however,
hand at his death was possessed. It is not of a failure of the voyage, freight may be
affected by the Dower Act (3 & 4 Will 4, recoverable pro ratâ itineris (Kay's Law of
c. 105). Shipmasters, pp. 309-313). The Court of
See title DoWER . Admiralty possesses an equitable jurisdic
FREEDOM FROM ARREST : See titles tion over questions of freight.
Recover y of Freight. - No one can be
ARREST, FREEDOM FROM ; PRIVILEGE OF liable to pay freight unless under an ex
PARLIAMENT.
press or implied contract for its paymeut.
FREIGHT - continued . FRESH DISSEISIN - continued .
Moreover, several such contracts may exist the king, or judges, or other foreign aid ;
simultaneously binding different persons as where a disseisin had not taken place
to pay the same freight. For instance , the above fifteen days or other short period
shipper is liable on his express contract by ( Britton, cc. 43, 55).
charterparty, or on the implied one arising FRESH FORCE . A force which had
from the shipment, and this notwith been recently committed in any city or
standing the bill of lading should state borough, as by disseisin, abatement, in
that the freight is to be paid by the con trusion, or deforcement of any lanıls or
signee or his assigns ; and at the same tenements within such city or borough ;
time the consignee or any assign of his and before the action of ejectment was in
receiving the goods under the bill of troduced the party who had a right to the
lading is liable also. But payment of land might, by the usage of the said city
freight by one discharges all ; and where or borough , bring his assize or bill of fresh
cash bas been offered by the consignee, but force within forty days after the force had
the master has elected to take from him a been committed for the purpose of reco .
bill of exchange in payment, and the bill vering his lands (Fitz. Nat. Brev .; Les
of exchange is afterwarıls dishonoured , the Termes de la Ley ).
remedy against the shipper or consignor
is gone ( Tupley v . Martens, 8 T. R. 451). FRESH SUIT. When a party robbed
Shipowner's Lien for Freight.— The ship diligently and immediately followed and
owner bas, independently of contract, a apprehended the thief, or convicted him
lien on the goods actually carried for the afterwards, or procured evidence to convict
freight due in respect of them , and also him , this following up of the thief was
for any sum which by the charterparty is termed making fresh suit, and the person
to be paid for the hire of the ship ; but his so robbed should in such a case have resti
lien does not, in the absence of express tution of his goods. Fresh suit was also
stipulation to that effect, extend to claims when the lord came to distrain for rent or
for dead freight, demurrage, wharfage, or service, and the owner of the beasts rescued
port charges. But the shipowner may them or made rescous, and drove them into
deprive himself of his lien by the terms another man's ground not holden of the
of his contract with the shipper ; e.g., if lord , and the lori followed and took them
the freight is not to become payable until there ( 2 Hawk. P. C.c. 23 ; Les Termes de
after the goods are to be delivered ( Lucas la Ley ).
v. Nockells, 4 Bing. 729). Moreover, pos FRIENDLY SOCIETIES. The law as to
session is necessary to a lien . If, there these societies was consolidated by the stat.
fore, the shipowner absolutely demises the 13 & 14 Vict. c. 115, and further consoli
ship to the charterer, and thus parts with dated by the stat. 18 & 19 Vict. c. 63, and
the possession of her and her cargo, he has still more recently by the stat. 38 & 39
no lien for her earnings ; but the Courts Vict. c. 60. The members of such a so
endeavour to prevent such an effect, even ciety being duly registered are not liable
where the terms of the demise are absolute, to be sued individually for the debts of the
provided they can find any expression of a society ( Burton v. Tannahill, 5 El. & BI .
contrary intention in the charterparty. 797) ; the only persons liable to be sued
Where , as is now common , a slip is char are the officers of the society. All dis
tered at a lump sum , and it is intended to putes within the society, i.e., between any
be put up by the charterers as a general member and the treasurer or other officer
ship, and the charterparty provides that of the society, are to be decided in the
the master shall sign bills of lading at such mannerdirected by the rules of the society,
rates of freight as the charterers may and such decision is to be binding and with
direct, without prejudice to the charter, the out appeal; nevertheless (subject to the
shipowner's lien remains against the char rules of the society ), the matter may by
terers for the charter-freight, and against consent be referred to the Registrar (or
the owners of the bills of lading for the Assistant Registrar) of Friendly Societies,
bill of lading freight, but, in the case of or to justices, or to the County Court judge
the latter, only to the extent of the freight (ss. 22 & 23 of Act of 38 & 39 Vict. c. 60) .
they have contracted to pay, although it By the stats. 38 & 39 Vict . c. 60, s. 25, and
may be less than the charter-freight. 39 & 40 Vict. c. 32 , s . 11 , provision has been
And see the Merchant Shipping Act made for the winding-up and dissolution of
Amendment Act, 1862 (25 & 26 Vict c. 63), such societies, which may be ( roughly
Bs. 67-78, and Kay's Law of Shipmasters. speaking) by consent of five -sixths of the
members, or by award of the chief re
FRESH DISSEISIN . Such a disseisin as gistrar.
a man himself might seek to defeat, that See title INDUSTRIAL AND PROVIDENT
is, by his own power, without the help of SOCIETIES.
FRITH - BORH. The Anglo - Saxon equi FURTHER CONSIDERATION . Where

valent for frank pledge. upon a first hearing or trial, accounts and
See title FRANK PLEDGE. inquiries are directed, then it is necessary
to reserve the further consideration of the
FRIVOLOUS PLEAS. These are pleas action to await the result of the accounts
which are clearly insufficient upon the face and inquiries ; and when those are certi
of them , and are generally ( when at all ) fied, the action comes on again upon the
put in for purposes of delay, or to embarrass certificate for further trial, i.e., further
the plaintiff. Under the C. L. P. Act, 1852, consideration .
they may, on motion, be ordered to be at
once struck out, secus, if the plea is not FURTHER DEFENCE . As a general
manifestly frivolous on the face of it ( see rule, the state of matters existing at the
Day's Practice, p. 88) ; and the rule is the commencement of the action ( i.e., at date
same under the Judicature Acts, 1873-75 of writ issued ), is the only state of matters
(Order xxvii., 1 ). that is recognised. But under the old
FUGITIVE'S GOODS . The goods of a practice pleadings puis darrein continuance
were introduced , and under the new prac
felon who took flight, and which, after the tice defences of the like character are
flight, were lawfully found, belonged to permitted , that is to say : — ,
the king or to the lord of the manor. ( a .) A defendant may plead to a state
5 Rep. 10 q. ment of claim a matter of defence thereto
FUNDED AND UNFUNDED DEBT. which has arisen subsequently to writ
That portion of the public debt which is issued, introducing such new matter into
in the state of consols, and therefore only his defence ( if not already delivered ), or
redeemable at the option of the Govern into a further defence (if the first defence
ment is called the funded debt ; and that has been already delivered ).
other (and much smaller) portion of the (b.) A plaintiff (or, semble , any other
public debt which is in the form of Ex party defendant to a counterclaim ), may
chequer Bills, & c., and therefore redeem plead to any counterclaim (or set-oft) a
able at a specified period, is called the matter of defence thereto which has arisen
unfunded debt. subsequently to counterclaim delivered,
See title NATIONAL DEBT. introducing such new matter into his reply
FUNDS : See titles FUNDED AND UN (if not already delivered ), or into a further
FUNDED DEBT ; NATIONAL DEBT. reply (if the first reply has been already
delivered).
FUNDS IN COURT : See title SUITOR'S But a further defence or further reply (as
FUND IN CHANCERY. the case may be ) cannot be put in, except
FUNGIBLES. Any moveable goods ing within eight days after the matter has
which may be estimated by weight, num arisen, and by leave of the Court or a
judge (Order xx ., 1, 2).
ber, or measure; hence jewels, paintings, See titles CONFESSION OF DEFENCE ;
statues, and works of art in general are not Puis DARREIN CONTINUANCE .
considered as fungibles, but, on the con
trary, as non fungibiles, because their value FURTHER MAINTENANCE OF AC
cannot be measured by any common stand TION, PLEA TO. A plea grounded upon
ard ; whereas res fungibiles are money, some fact or facts which had arisen since
barley, oil, and such -like, which can be the commencement of the suit , and which
repaid in kind. the defendant put forward for the purpose
FURIOUS RIDING . Under the High of shewing that the plaintiff should not
way Act, 1835 (5 & 6 Will . 4, c. 50), s. 78, further maintain his action. It was called
is an offence for which the offender may be a plea to the further maintenance of the
summarily convicted before justices , and suit, because it did not, like an ordinary
may be fined not exceeding £ 10 (if the plea in bar, profess to shew that the plain
owner) or £5 (if not the owner). The tiff had no ground of action when he com
offence is one because (and only when it menced the suit, but simply shewed that he
endangers the public safety (Williams v. had no right to maintain it further. A plea
of payment of money into court in satis
Evans, 1 Exch. Div. 277).
faction of the plaintiff's claim is in the
FURNITURE . As opposed to fixtures, nature of a plea to the further maintenance
consists of the purely moveable articles of the suit, such a plea admitting that the
in a house, which are not completory to plaintiff had a good cause of action, but
any portion of the house, or to any fixture shewing that he ought not further to main
andexed or belonging thereto. For ex tain it, upon the ground that the money so
ample, chairs are furniture ; but window paid in by the defendant is sufficient to
blinds are fixtures. satisfy all damages which the plaintiff has
See title FIXTURES. sustained (see Step. Pl . 72, 4th ed.). Under
FURTHER MAINTENANCE OF AC GAME — continued .
TION , PLEA TO- continued . tenant ( 1 & 2 Will. 4, c. 32 ; Indermaur's
the present practice provision is made for Com . Law , 269, 270 ).
pleus of this sort. See titles CHASE ; DEER ; PARK ;
See titles FURTHER DEFENCE ; Puis SHOOTINGS ; WARREN .
DARREIN CONTINUANCE. GAMING : See title WAGERING .
FURTHER REPLY : See title FURTHER GAOL -DELIVERY. Besides the com
DEFENCE. mission of oyer and terminer given to the
FURTUM . In Roman Law was any judges, &c., on circuit, there is a commis
fraudulent dealing with or user of another sion of gaol delivery whereby the gaols
person's property without the consent of may be cleared of every prisoner awaiting
the latter, e.g., biring a hack for a ride and his trial, whether or not the indictment has
and then hunting it was a theft or furtum . been found by the grand jury at that assize
Besides larceny and embezzlement, it in ( Harris' Crim . Law , 291).
cluded therefore almost all indictable See titles CIRCUITS ; COURTS OF JUSTICE ;
JUSTICES OF OYER AND TERMINER .
frauds, and some merely civil delinquencies.
The offence was prosecutable either civilly GAOLS . Are of many varieties, e.g.,
or criminally . County Gaols, Borough Gaols, Military
Gaols , Naval Gaols, Gaols in the nature
FYRD. Was the national militia in of Reformatories. Until the Prisons Act,
Anglo - Saxon times, service in which was 1877 (40 & 41 Vict. c. 21 ), the county and
included in the trinoda necessitas.
borough gaols respectively were maintained
See titles ARMY ; ASSIZE OF ARMS. out of the county and borough rates respec
tively, but under that Act they are main
tained out of the public funds.
G. See title PRISONS.
GARANTIE . In French Law corre
GAGE : See title NANTISSEMENT. sponds to warranty or covenants for title in
GAIN : See titles INTEREST OF MONEY ; En lish Law . In the case of a sale this gua
PROFIT AND Loss ; PROFITS OR DAMAGES ; rantie extends to two things- ( 1 .) Peaceful
PROFITS OR INTEREST . possession of the thing sold ; and (2.) Ab
sence of undisclosed defects (défauts
GALE . In the Forest of Dean and cachés ).
Hundred of St. Briavel's the Crown may See titles GUARANTEE ; QUIET Enjoy
grant to any free miner a lease or gale of MEAT, COVENANT FOR ; WARRANTY .
portion of the minerals; and such gale GARNISHEE ORDER . The applicant
when once effectively granted is the pro
perty of the galee and his assigus. for this order applies in the first instance
See title FREE MINERS. ex parte upon summons or motion supported
with an affidavit by himself or his solicitor
GAME. Are certain animals feræ (Order xlv., 2), and obtains a garuisbee
naturæ in which the law has recognised a order nisi,-being an order charging, to
species of qualified property even while the extent (atleast) of the judgment debt,
the animals remain wild and uncaught or all moneys belonging to the debtor in the
unkilled or unreclaimed. These animals hands of the garnishee and all debts owing
are hares, pheasants, partridges, grouse, from the garnishee to the debtor. The
heath or moor game, black game, and effect of the garnishee order nisi is ( like
bustards ( 1 & 2 Will. 4, c. 32). Where that of a charging order nisi) to bind , as
game is both started and killed on the from the date ofservice of the order, all
land of A., even although by a stranger, it debts owing from the garnishee to the
is A.'s property ( Blades v . Higgs, 12 C. B. judgment debtor ( Order xlv., 3 ). The gar
(N.S.) 501, and 13 C. B. (N.S.) 844) ; nishee order nisi may be made absolute in
similarly, gamestarted by A. on his own the following manner :
property and killed by A. on B.'s property. ( 1.) If the garnishee do not appear to
But at the Common Law game started by the order requiring him to appear to show
a stranger on A.'s property and killed on cause against the order nisi, then that order
B.'s property vested in the stranger, al is made absolute at once (Order XLV ., 4 ) ;
though he was a double trespasser ( Church (2.) If the garnishee do appear to such
ward v. Study, 14 East, 249) ; but the stat. order requiring his appearance, and bonâ
1 & 2 Will. 4, c. 32, has deprived the fide disputes the fact of any moneys be
stranger in such a case of all property longing to the judgment debtor being in
in the game killed . The landowner when his hands, or any debts being due from him
leasing lands must reserve the game; ( the garvishee ) to the judgment debtor
otherwise it will vest in the occupying (Order XLv., 5 ), or allegessome third person
GARNISHEE ORDER- continued. GENERAL AVERAGE . Cases of gene

to be owner of, or to have some lien on, ral average arise where loss or damage is
such moneys or debts ( Order xlv., 6), then voluntarily and properly incurred in respect
as against such third person not appearing of the goods on board ship or in respect of
(when duly notified so to do), and also as the ship for the general safety of both ship
agai such third person duly appearing, and cargo ; the loss sustained by the parti
and nst
as against the garnishee, the order is cular owners having evured to the advan
made absolute, subject to the determination tage of the owners generally, it is only
of any issue or question between the gar equitable to distribute -- i.e., adjust, the loss
nishee and the judgment debtor and the rateably over all the owners ; and such ad
(appearing ) third person (Order xlv ., 7) . justment is general average. The phrase
The garnishee paying under any gar simple or particular average is an inaccu
nishee order ( semble, whether nisi or abso- rate and misleading phrase, meaning no
lute) is thereby discharged tothe extent of thing more than that a particular damage
such payment, as against the judgment -e.g., the souring of a cask of wine - must
debtor, even though the judgment should rest where it falls.
be afterwards reversed (Order XLV., 8). General average is excluded in the case
See title CHARGING ORDER . of particular losses arising from the ordi
GASWORKS. The general Act regard
nary risks and perils of the sea (Power v.
ing the construction and regulation of such Whitmore, 4 M. & S. 149); and, therefore,
in the case of the loss of a mainmast, or
works and of the supply of gas is the 10 & damage done to the yards, by winds, &c.,
11 Vict. c. 15 (Gasworks Clauses Act, there is no general average. The distinc
1847) ; but under the stats. 33 & 34 Vict. tion is well stated by Lord Kenyon in
c . 70, and 36 & 37 Vict. c. 89, the Board of
Birkley v. Presgrave (1 East, 220), in this
Trade must make a provisional order manner :—That all ordinary losses and
authorizing their construction. Under the damages sustained by the ship, happening
Public Health Act, 1875 (38 & 39 Vict.
immediately from the storm or perils of the
c . 55), the local sanitary authority may sea must be borne by the shipowners ; but
acquire gasworks, and purchase same from that all those articles which are made use
any existing gas company. of by the master and crew upon a particular
See titles Public HEALTH ; SANITARY emergency and out of the usual course, for
LAWS ; WATERWORKS. the benefit of the whole concern , must
GAVELKIND . A species of tenure, be paid for proportionably as a general
said to be still prevalent in Kent ; its average .
principal characteristic is that all males The most usual instance of a case for
(in equal degree ) succeed equally, primo- general average is thecase of jettison,being
geniture being unknown. Thus, all the the jactus of the Roman Law ( see title LEX
sons succeed equally ; and failing sous, RHODIA DE JACTI) ; and any damage volun
then all the daughters equally ; and failing tarily and necessarily done to the ship in
both sons and daughters, and (of course) order to facilitate the jettison , is a general
their respective descendants in infinitum , average loss ; also, a voluntary stranding
then all the brothers equally ; and failing of theship must be made good as a general
brothers , then all the sisters equally ; and average, provided the stranding was a
so on. The husband's curtesy estate is in proper thing to do, or was prudent and
one moiety only, and continues only until reasonable.
his marrying again ; the wife's dower is in Less usual instances of general average
one moiety (not one-third ), but is during are, where part of the cargo is necessarily
widowhood and chastity only. The hus- sold by the master in order to defray the
band need not have issue born to entitle expenses of repairing injuries to the ship
him to curtesy in gavelkind lands. which are themselves matters of general
GELD . This is a Saxon word signifying average the Gratitudine,
( The
also, where 3 port
ship puts into dis;
Rob. in255)
money or tribute. In combination with tress owing to an injury wbich is itself
other words it signifies the compensation matter of general average, and there are
for some particular crime, e.g. , wergeld sig incurred
nifies the value of a man slain ; orfgeld, loading, expenses
and also forport-charges,
repairs andseamen's
for un
the value of a beast slain.
See title DANEGELT. wages, and cost of provisions during the
detention ( Da Costa v. Newnham , 2 T. R.
GEMOTE . This is a Saxon work signi- | 413 ) ; also, the expenses of salvage ; also,
fying a convention or assembly, e.g., witеna- the freight of jettisoned goods.
gemote and shire-gemote are respectively the But general average is excluded in re
assembly of the witan, or wise men, and of spect of the following losses : - The wages
the shire or county, i.e., the freeholders and provisions of the crew in cases of deten
thereof. tion by embargo ; the expenses occasioned
GENERAL AVERAGE-continued. GENERAL SESSIONS- continued .
by an ordinary quarantine, or by waiting to special petty sessions, which are held for
für convoy ; also (although with excep some particular or special branch of such
tions) deck cargoes that are jettisoned ; also, authority only, and to quarter sessions or
damage gustained in resisting capture. general quarter sessions which are held at
With reference to the articles liable to four stated times in the year.
contribute towards general average, the See titles PETTY SESSIONS ; QUARTER
ship and freight contribute, the former in SESSIONS; SESSION ; SPECIAL SES
proportion to its value at the end of the SIONS,
voyage, the latter deducting the expenses GENERAL SHIP . Where a ship is not
of the voyage and the wages of the crew ; chartered wholly to one person, but the
also, all merchandise put on board for the owner offers her generally to carry the
purpose of traffic must contribute. But the
goods of all comers, or where if chartered
ship's stores and the ship's ammunition do to one person he offers her to several sub
not contribute ; as neither do the wearing freighters for the conveyance of their goods,
apparel, luggage, jewels, &c., of the passen she is called a general ship, as opposed to
gers or crew, all these articles being for use a chartered one. In these cases the con
and not for traffic. tract entered into by and with the ship
See titles ADJUSTMENT; AVERAGE. owner or master as his agent, is called a
GENERAL DENIAL : See titles EVASIVE bill of lading
P1.EADING ; JOINDER OF ISSUE. See titles BILL OF LADING ; CHARTER
PARTY .
GENERAL DEVISES : See title SPECIFIC
DEVISES. GENERAL AND SPECIFIC COVE
GENERAL ISSUE, PLEA OF. Under NANTS : See title COVENANTS, sub -title
GENERAL AND SPECIFIC .
the present practice, this plea is a mere GENERAL VERDICT : See title VER
denial of the gist of the action, that is, a
DICT .
denial of the principal fact on which the
declaration is founded ; and every other GENERAL WARRANTS : See title
matter ofdefence must be pleaded specially. SEARCH WARRANTS .
The defence, where appropriate, is avail GENERAL WORDS . In a conveyance
able in all sorts of actions and prosecutions, of lands are the words beginning“ Together
whether founded on contract, or on tort, 7
with all outhouses, ways, & c.," or other
or in crime, the most common examples of like words according to the principal here
it being “ Not guilty,” “ Never indebted ,” ditament conveyed . They do not extend
" Non Assumpsit," * Non est factum ," and the compass of the grant, but obviate
such like.
In certain cases it is permitted by statute questions arising regarding its content.
T'he general words should always expressly
to plead the general issue, and to give the include reputed easements and reputed
special matter of defence in evidence ; and appurtenances ( Suffield v. Brown, 3 N. R.
ju that case the words “ by statute ” (speci 340 ; Thomson v . Waterlow , L. R. 6 Eq.
fying also the particular statute ) must be 36 ).
inserted in the margin of the plea. By See title EASEMENTS.
the Act 5 & 6 Vict. c. 97, s. 3, this form of
defence is abolished in the case of local GENERI PER SPECIEM DEROGATUR .
and personal Acts. A particular enumeration may occasionally
detract from or diminish the extent of a
GENERAL LEGACIES : See title LE
GACIES . general phrase or general description ; but
GENERAL MEETING . Is a meeting of a general description will not diminish
the shareholders generally of a company , from a particular enumeration, -a maxim
of law which must ( like other general
or of the creditors generally of a debtor;
and it is called an extraordinary general maxims) be applied with discrimination .
meeting when it is summoned on some GENTILES. In Roman Law, were the
extraordinary occasion. It is also opposed members of a gens or common tribe, and
to a special meeting. to whom the property of a deceased mem
GENERAL OCCUPANCY : See title Es ber anciently belonged, fuiling any sui
hæredes or agnati.
TATE PUR AUTRE VIE.
GENTLEMAN : See titles ESQUIRE ; YEO
GENERAL QUARTER SESSIONS : See MAN .
title QUARTER SESSIONS.
GESTATION , PERIOD OF. Is the period
GENERAL SESSIONS. Are sessions of of nine months or thereabouts which the
the peace which may be held at any time law recognises as that during which a
of the year for the execution of the general widow may produce lawful off- pring of
authority of the justices ; they are opposed her deceased husband . It is allowed in
GESTATION , PERIOD OF — continued . GLADIUS. This word, which is the

reckoning the limits of time prescribed by Latin for sword , was used as the symbol of
the Rule of Perpetuities . jurisdiction ; a person created an earl was
GESTIO PRO HÆREDE. This is a gladio succinctus, he having jurisdiction
over his county .
phrase of Roman Law , and denotes acting
as hæres, i.e., successor, to a deceased per GLEBE. The land annexed to a bene
son, without having made or before making fice is so called , and is to be distinguished
the aditio hæreditatis, or entry (See Gaius, from the tithes payable to the benefice out
ii. 174-8). of other lanıls. The rector may not commit
See title ADITIO HÆREDITATIS. waste in the glebe lands, unless with the
GIFT : See title CONVEYANCES, sub-title sanction of both the patron and the ordi
GiFr. nary. The glebe annexed to a rectory
makes the rectory a corporeal hereditament,
GIFT, DEED OF. Is in general a deed although the advowson of the rectory is an
assigning personal property, e.g., the furni incorporeal hereditament.
ture in a mansion -house. It imports abso See title WASTE.
luteness ; and if possessiou be taken under GOOD CONSIDERATION . Consists in
the deed, registration under the Bills of
Sale Act, 1878 (41 & 42 Vict. c. 31 ) is not “ blood and natural affection ,” as opposed
required to its validity, if the possession to “ money and money's worth ,” which
be exclusive of the grantor; but when it latter constitute a valuable consideration.
is a post-nuptial settlement, the possession Good consideration is, however, used in
under which is not usually exclusive, re the stat. 13 Eliz. c. 5, to denote a valuable
gistration is an essential to its validity consideration ; and generally, the word is
under that Act. too ambiguous for convenient legal use .
See title FRAUDULENT CONVEYANCES, Considerations are much better distin
sub -title (C) Under Bills of Sale guished as voluntary, valuable, and
meritorious.
Act, 1878. See title CONSIDERATION.
GIFT OF LIVING . A benefice may be GOODS AND CHATTELS. Were and are
bestowed upon any qualified clerk, the acts
which regulate and restrain the sale of equivalent to personal property, such as
livings not applying to any gift thereof. stocks, shares, furniture, moneys, cattle, &c.;
Andunder the stat. 9 Geo . 4, c. 94, a living and as so used are opposed to lands, tene
may be given to A. subject to A.'s agreeing ments, and hereditaments, which latter are
commonly called real property. It is
with the donor to resign same either in doubtful whether in a modern will goods
favour of one person named or in favour of
either of two persons that are of near kin and chattels would include leaseholds,
by blood or marriage to the donor. these being now regarded in a will as
lands .
GILD. This word (more commonly See titles Personal ; REAL AND PER
spelt guild ) signifies primarily tribute, and SONAL .
secondarily, the fraternity or company that GOODWILL. As applied to the sale of
is subject to the tribute . The company is a business this phrase denotes the sum of
a body of persons bound together by orders money which any one would be willing to
and laws of their own making, the king's
licence having been first had to the making give for the purchase of the chance of
being able to keep the trade connected
thereof. A gild of merchants may be in with the place where it is carried on. It
corporated by grant of the sovereign, and is the purchase of an expectant advantage
such incorporation, without more, is suffi that is dependent solely upon locality ; and
cient to establish them as a corporation for therefore a sale of the goodwill without a
ever. Guild -Hall is the name given to the
hall of meeting of the guild ; the term is sale or lease of the premises would be im
possible and inconsistent ; and an agree
applicable to the public place of meeting ment for such a sale would therefore not
of the mayor, aldermen, and commonalty be enforced in the Court of Chancery
of every city and borough, but is applied ( Austen v. Boys, 2 De G. & J. 626 ). It is
par excellence to the place of meeting of not to be reckoned as a partnership asset,
the Lord Mayor, Aldermen, and Common semble, upon a dissolution ( Stewart v. Glad
alty of the City of London. stone, 10 Ch . Div. 626 ).
See titles GUILDHALL ; LONDON, CITY
OF. GOODWIN AND FORTESCUE : See title
GIVE. Was the proper word of convey ELECTIONS, COMMONS' RIGHTS IN .
GOVERNORS OF COLONIES : See title
ance in a feoffment. It used formerly to
imply a warranty of title, but has ceased COLONIAL GOVERNORS.
to do so . GRACE. This word is commonly used
See title WARRANTY. in contradistinction to right. Thus, in
GRACE — continued . GREAT SEAL. As opposed to the sign

22 Edw. 3, the Lord Chancellor was in manual, is the seal which the sovereign
structed to take cognizance of matters of affixes to documents and acts of a public
grace, being such subjects of equity juris nature, as opposed to merely personal acts
diction as were exclusively matters of and documents. Edward the Confessor
equity. Again, days of grace is a phrase was the first sovereign who had a great
denoting the three extra days allowed by seal ( 1 Stubbs' C. H., p. 352) and a Lord
the custom of merchants after the maturity Chancellor, for that high officer is the
of a bill of exchange or promissory note for keeper of the Great Seal, and is appointed
the payment thereof. by the mere delivery of the Great Seal into
GRAMMAR SCHOOLS : See title SCHOOLS. his custody. The stat. 40 & 41 Vict. c. 41 ,
contains various regulations as to affixing
GRAND ASSIZE : See title JURY, TRIAL the Great Seal, and as to the classes of
BY, HISTORY OF . documents to which the same may be
GRAND JURY. There is no grand jury affixed . The stat. 6 Anne, c. 11 (Act of
in civil cases ; but in criminal cases, the Union ), provides that there shall be only
charge is first found or thrown out by the one Great Seal for Englaud and Scotland ;
grund jury, who return a true bill or 110 but the stat. 39 & 40 Geo. 3, c. 57 ( Act of
true bill, according to the evidence before Union ) contains no similar provision for
them ; and then the indictment (when & Great Britain and Ireland.
true bill is found ) is brought before the See titles PRIVY SEAL ; SIGN MANUAL.
petty jury for their ultimate decision . GROSS. The phrase " in gross” means
Under the stat. 19 & 20 Vict. c. 54, wit.
nesses giving evidence before a grand jury standing separate from any corporeal here
ditaments .
may be sworn before it, instead of (as there See titles EASEMENTS ; INCORPOREAL
tofore) in open court, -- this provision being HEREDITAMENTS i; LICENCE ; PROFITS
intended to facilitate the despatch of busi À PRENDRE .
ness before the grand jury. In counties,
the grand jurors are notable freeholders GROUND RENT. A landlord , having
within the county ; and in boroughshaving land conveniently situated for building
a separate court of sessions, they are the upon , not unfrequently lets it out to a
burgesses (5 & 6 Will. 4, c . 76, s. 121 ). builder at a trivial rent, for a period usually
See titles JURY ; PETTY JURY. of vinety -nine years, upon the understand
GRAND SERJEANTY . A species of ing that the builder-lessee shall, within a
fixed time, erect upon it one or more mes .
tenure in chivalry which was not abolished suages of a specified description. When
along with knight's tenure generally by these messuages are erected, the builder
the stat. 12 Car. 2, c. 24. Literally, the
tenure was “ by signal service, " i.e., per sublets them to occupants, who pay him a
grande servitium , e.g., carrying the king's rent very considerably larger than what he
banner or lance , or being champion, butler, himself pays to the ground landlord, being,
or the like at his coronation , It was a in fact, a rent estimated to repay him with
species of fief by office. a profit within the ninety -nine years for his
See titles FEUDAL SYSTEM ; PETIT labour and outlay in erecting the mes
SERJEANTY ; SERJEANTY ; TENURE,
suages and taking alease of the land from
his own landlord. The builder's rent, or
GRANT : See title CONVEYANCES, sub that which he pays to the ground landlord,
title GRANT. is called the ground-rent. Under the stat.
4 Geo. 2, c. 28, the ground landlord may
GRANT, TITLE BY NON -EXISTING . distrain on the premises for this rent ; so
After a lengthened period of adverse pos that it is quite possible thatthe occupying
session or of adverse enjoyment, a title is tenant may have to pay not only his own
acquired to real property either under the occupation rent but also the ground -rent,
Statute of Limitations ( for corporeal here unless proper precautions have been taken .
ditaments ) or under the Statute of Pre See title RENTS.
scription ( for incorporeal hereditaments ).
The titles in tbese cases have no documen GROWING CROPS. In general, theout
tary root ; but the law assumes such a ront, going tenant may reap these, either as
and that the same has been lost through emblements or under a clause in his lease,
long time ; and this fiction of law is the or by the custom of the country . Not
making title by non-existing grant ( Read unfrequently a tenant is restrained from
v. Brookman, 3 T. R. 151 ; Best on Evi disposing of them , or of parts of them, off
dence, 5th ed. 487-492 ). the lands, or while his rent is in arrear ;
See titles COMMON, RIGHT OF ; EASE and, of course, they are liable to be dis
MENTS ; LIMITATION OF ACTIONS ; trnined upon . When assigned separately
PRESCRIPTION . from the land , growing crups ( like fixtures )
GROWING CROPS- continued . GUARDIAN - continued .
are within the Bills of Sale Act, 1878 (41
& 42 Vict. c . 31 ), and therefore require of Chancery (ex inquisitione), and
registration under that Act. enduring either for a particular
See titles Bill OF SALE ; FIXTURES ; purpose only, or generally till the
FRAUDULENT CONVEYANCES. age of twenty -one years ;
The guardian appointed under the stat.
GUARANTEE. Is a promise to answer 12 Car. 2, c. 24, is entitled both to the cus
for the debt, default, or miscarriage of an tody of the person of the child, and to that
other person , for which that other person of the profits of his real and personalestate ;
remains liable. is usually a simple con and subject to the control of the Court of
tract; and the agreement or memorandum Chancery, he regulates generally the en
expressing or evidencing it must be in tire conduct of the infant and the entire
writing by the Statute of Frauds, and must management of bis estate. He cannot
contain all the material terms ( Saunders v. make ortake any profit thereout.
Wakefield , 4 B. & Ald . 595 ), excepting that The chief respects in which the Court of
under the stat. 19 & 20 Vict. c . 97 ( Merc. Chancery interferes between guardians and
Law Am. Act, 1856), s. 3, the consideration infants are the following :
need not appear in the writing. The ( 1.) To remove guardians, which it will
guarantee may be either for one particular only do for misconduct upon evi
amount, or for any sum not exceeding that dence establishing a clear case
amount, or it may be a continuing guaran against the guardian ;
tee, limited or unlimited in amount ; e.g., (2. ) To compel security from a guardian ;
when A. became bound to B. for any debt (3. ) To compel the guardian to render
which C. might contract with him not ex proper accounts ;
ceeding £ 100, the guarantee was held to (4. ) To appoint interim guardians in the
be a continuing guarantee, and not extin absence of the testamentary guar
guished by one dealing between B. and C. dian ;
to that amount (Merle v. Wells, 2 Camp: (5.) To regulate the maintenance and
413) ;3 on the other hand, a bond entered education of the child ;
into by A. and B. to the plaintiff to enable (6. ) To control his marriage ; and, gene
A. to carry on his trade, conditioned for the rally,
payment of all such sums not exceeding (7.) To control (without setting aside
£3000 as should at any time thereafter be altogether) the authority of a tes
advanced by the plaintiff to A., was held tamentary guardian (or of a parent
not to be a continuing guarantee to the himself).
extent of £3000 for advances made at any See title INFANTS.
time, but only a guarantee for advances GUILD . Guilds were voluntary associa
once made to that amount ( Kirby v. Marl tions, either for defence or for trade. The
borough ( Duke), 2 M. & S. 18). merchant guilds gradually coalesced with
See titles ÎNDEMNITY ; SURETYSHIP. the town , and monopolised the rights of
GUARDIAN . There were at one time the free inhabitants . The guild ensured
a great many varieties of guardians of in the independence of the town ; it became
fants, of which the following enumeration in later times the corporation .
comprises the principal : See titles GILD ; MUNICIPAL CORPORA
TION .
( 1.) Guardians in chivalry, enduring
until the age of twenty-one years, GUILDHALL . Was originally the hall
bnt abolished by the stat. 12 Car. 2 , of a guild , and became the hall of any city
c. 24 ; or borough corporation. It is par excel
(2. ) Guardians in socage , enduring until lence the hall of the corporation of the City
the age of fourteen years ; of London ; and at this Guildhall, the
(3. ) Guardians by custom , e.g., of gavel. assizes for the city are held ; and under
kind lands, enduring commonly the Judicature Acts, 1873–75, the High
till the age of fifteen years ; Court holds simultaneous sittings at West
(4. ) Guardians by nature, enduring till minster and at Guildhall.
the age of twenty - one years ; and See titles COURTS OF JUSTICE; GUILD.
for nurture, enduring till the age GUILT. In its most general sense , is
of fourteen years ;
imputability ; in its narrower and more
(5.) Guardians appointed by deed or will usual sense, it is the imputability of some
in virtue of the Act 12 Car. 2, offence to an accused person as its perpe
c . 24, the most common species of trator. The person alleging such imputa
guardian at the present day, and bility has the onus probandi thrown upon
enduring till the age of twenty him, the presumption of innocence holding
one years; and good until it is rebutted.
(C.) Guardians appointed by the Court See title INNOCENCE, PRESUMPTION OF.
HABEAS CORPUS JURATORUM . This
was a writ commanding the sheriff to bring
H. up the persons of jurors, and if need were,
to distrain them of their lands and goods,
HABEAS CORPUS. This is a writ in order to ensure or compel their atten
directed to the gaoler, or other person dance in Court on the day of trial of a
having the applicant in custody, requiring Cause . The writ was abolished by the
hira to produce the body, i.e., person , of the C. L. P. Act, 1852, s. 104, and a simpler
applicant in Court before the judge on a mode of summoning jurors and ensuring
day named therein. The right to a habeas their attendance was substituted.
corpus exists by the Common Law , and See titles JURY, TRIAL BY ; PANEL.
its availability only has been facilitated by
particular statutes, principally the stat. HABENDUM . Is that part of an inden
31 Car. 2, c. 2 (Habeas Corpus Act, and ture expressed in the words “ To have, ”
56 Geo. 3, c. 100 ( In re Besset, 6 Q. B. 481 ). and which are usually followed by the
But whether at Common Law or under words 66“ To hold ” ( called the tenendum ).
statute, the writ does not issue as a matter The phrase “ to have and to hold ,” being
of course upon application in the first inas a general rule introductory to the de
stance, but must be grounded on an affi claration of the uses to , for, or upou which
davit upon which the Court is to exercise the lands are granted , - Its office is only to
a discretion in issuing it or not ( Rex v. limit the certainty of the estate granted ; *
Hobhouse, 3 B. & A. 420 ). The writ of therefore no person can take an immediate
habeas corpus does not issue out of the estate by the habendum of a deed when he
English Courts into any colony having is not named in the premises ; for it is in
efficient courts of justice of its own (25 & the premises of a deed that the thing is
26 Vict. c. 20, passed inconsequence of the really granted ( 4 Cru. Dig. 272).
decision in Anderson's Case, 30 L. J. Q. B. See titles PREMISES; TENENDUM .
129 ). The writ may issue in Vacation
time, and any judge of the High Court may HABERE FACIAS POSSESSIONEM .
issue it, even wlien sitting in chambers. When a plaintiff recovered in a real or
Where a witness is in custody, a habeas mixed action ( both of which forms of
corpus ad testificandum is issued to bring action , with the exception of ejectment,
him up as a witness (1 Arch . Pract. 355 ; were exploded in 1834), he was awarded á
1 Dan . Ch.Pr.805). Prior to the C.L.P. Act, writ for the purpose of putting him in
1852, where the defendant was in custody possession of the real or personal property
at the suit of a third party, it was necessary recovered ; the writ was called an habere
for the plaintiff to issue a habeas corpus facias possessionem in the case of a chattel
ad satisfaciendum to charge him in execu- interest, and habere facias seisinam in the
tion , but under the 127th section of that case of a freehold interest. And at the
Act a judge's order made upon affidavit present day a writ of possession in the
that judgment has been signed and is un nature of a writ of habere facias posses
satisfied suffices (1 Arch. Pract. 1209). sionem is the process commonly resorted to
HABEAS CORPUS ACT. Is the Act
by the successful
ejectment, party in an action of
for the purpose of being placed
31 Car. 2, c. 2, as amended by the Act by the sheriff in the possession of the land
56 Geo. 3, c. 100, and by ( for certain recovered .
colonies ) the Act 25 & 26 Vict. c. 20. The See titles DELIVERY, WRIT OF ;
principal Act is entitled “ An Act for the EJECTMENT ; POSSESSION, WRIT OF.
better securing the Liberty of the Subject, HABERE LICERE . In Roman Law,
and for Prevention of Imprisonments be
yond the Seas.” The Act may be sus denoted the permitting a purchaser of pro
pended on occasions of public alarm . The perty to have the possession and enjoyment
principal Act imposes a fine of £500 (net) thereof; and it was a duty on the part of
upon any judge refusing the writ in á the vendor, for breach of which an action
proper case; but the writ, although it is a ex empto would lie.» It corresponds to the
66
writ of right, is not necessarily of course , * quiet enjoyment” of English Law ,

but is granted only upon probable cause See title QUIET ENJOYMENT, COVENANT
FOR.
being shewn ( Hobhouse's Case, 3 B. & Ald.
420). HABIT AND REPUTE . Are powerful
See title HABEAS CORPUS. in law , and in particular they constitute a
HABEAS CORPUS AD SATISFACIEN . marriage by reputation in the case of per
DUM : See title HABEAS CORPUS. sons living together as man and wife, that
is, they give rise to the presumption of
HABEAS CORPUS AD TESTIFICAN- wedlock ; but the presumption may of
DUM : See title HABEAS CORPUS. course be rebutted if evidenceis forthcoming
HABIT AND REPUTE - continued . HÆREDITAS-continued.

to the contrary. The phrase is more usual person , whether such person had died
in Scotch than in English Law . testate or intestate, and whether in trust
See titles REPUTATION, MARRIAGE BY ; (ex fideicommisso ) for another or not ; the
REPUTATION, WHEN EVIDENCE. like succession according to Praetorian Law
HABITATIO . In Ronian Law, was a was bonorum possessio. The Hæreditus was
precarious right of enjoyment of houses, called jacens, until the Hæres took it up,
just as usus was of land, and corresponded i.e., made his aditio hæreditatis ; and such
very nearly with the tenancy at will or by hæres, if a suus hæres, had the right to
sufferance of English Law. Such a tenant abstain ( potestas abstinendi), and if an ex
could, however, let or sell the house, - traneus hæres had the riglit to consider
being in that respect one degree better off whether he would accept or decline ( po
than the usuarius. testas deliberandi), the reason for this pre
See titles Usus ; USUSFRUCTUS. caution being that (prior to Justinian's
euactment to the contrary ) a hæres after his
HABITUAL CRIMINALS ACT, 1869 : aditio was liable to the full extent of the
See title PREVIOUS CONVICTION , debts of the deceased person , and could
HABITUAL DRUNKARDS. Under tlie have no relief therefrom , except in the caso
* Habitual Drunkards Act, 1879 (42 & 43 of a damnum emergens or damnosa hære
Vict. c. 19), which came into operation the ditas, i.e., an hæreditas which disclosed
first day of January, 1880, provisiou is (after the aditio) some enormous unsus
made for the establishment and licensing pected liability.
of retreats for the reception of drunkards, HÆREDITAS
who may be admitted on their own appli. DAMNOSA
cation. An inspector of retreats is to be HÆREDITAS
See title HÆREDITAS.
appointed ; and the County Court judge of
the district or any judge of the High Court JACENS
of Justice may order an inspection to meet HÆRETICO COMBURENDO. The stat,
any individual case. A justice of the peace de hæretico comburendo (2 Hen. 4, c. 15 ),
may grant the inmate on his application was the first penal law enacted against
either leave of absence (revocable ) or his heresy, and imposed the penalty of death
discharge. by burning upon all heretics who relapsed
HACKNEY - CARRIAGES. These are or who refused to abjure their opinions.
properly carriages plying for hire off a It was repealed by the stat . 29 Car. 2 , c. 9,
stand. The laws relating to those within which however abolished the penalty of
the metropolis are contained in stuts. 1 & death only, aud left the ecclesiastical juris
2 Will . 4, c. 22, 1 & 2 Vict. c. 79, and 17 & diction for the repression of atheism and
18 Vict. c. 86. The driver is liable for false religion otherwise unaffe « ted .
negligently losingthe luggage of a customer See title CHURCH AND STATE .
(Ro88 v. Hill, 2 . B. 877). HALES , CASE OF : See title DISPENSING
HÆREDEM DEUS FACIT : See title POWER.
Solus Deus HÆREDEM .
HALF -BLOOD . Are children and other
HÆREDES. In Roman Law, were the
successors by strict law to a deceased person , persons related to each other through one
parent only, whether through the father
being called hæredes legitimi where the only, or through the mother only. They
deceased died intestate, and hæredes scripti have an equal right of succession to per
(i.e., devisees) where he died intestate . sonal estate upon an intestacy as persons in
They corresponded to the bonorum posses the same degree of the whole blood ; but
sores of Praetorian Law . They were of three they were until 1838 excluded from all
principal varieties, viz. — ( 1.) Necessarii, right of succession to lands, but were ad
when obliged to accept the inheritance mitted by a stat. in that year ( 3 & 4 Will. 4,
whether they liked to do so or not, e.g., c . 106), but in an inferior degree.
slaves ; ( 2.) Sui et Necessarii, when they See title DESCENTS,
were obliged by strict law to accept, but
were permitted by equity to decline the HAMPDEN'S CASE : See title SHIP
inheritance, e.g., children ; and ( 3. ) Ex Money.
tranei, when they were strangers in blood HANAPER . This is an office con
altogether, and were free to accept or to nected with the Court of Chancery : writs,
decline the inheritance according to their with the returns thereto, were kept in the
own good pleasure. hamper, or hanaper, in all cases in which
See titles HÆREDITAS ; HEIR.
the question was one affecting the subject
HÆREDITAS. In Roman Law , was a only ; writs ( with the returns thereto ), in
universal succession by law to any deceased which the Crown had an interest mediate
HANAPER - continued . HASTINGS, WARREN. The impeach

or immediate being kept in the petly bag, ment ( 1788) of this gentleman is the latest
which phrase is accordingly used in con instance on record (other than that of Lord
tradistinction to the hanaper. Both the Melville in 1804). The grounds of the
Hanaper Office and the Petty Bag Office impeachment were charges of alleged mis
belong to the Common Law side of the government in India , Warren Hastings
Courtof Chancery. having been governor-general. His case
See title PETTY BAG OFFICE. decided that an impeachment is not abated
by a dissolution.
HANDWRITING . The proof of hand See title Danby, IMPEACHMENT OF.
writing is in general by resemblance, and
is effected in either or any of the following HAWKERS. The stat. 50 Geo. 3, c . 41 ,
three ways, namely : 8. 6, enumerates hawkers, pedlars, petty
( 1.) Ex visu scriptionis, i.e., by the chapmen, and every other trading person
comparison of the disputed writing by a or persons going from town to town or to
witness who has seen the party in the act other men's houses, and travelling either
of writing ; on foot, or with horse or horses, or other
( 2.) Ex scriptis olim visis, i.e., by the wise, carrying to sell, or exposing to sale,
like comparison by a witness who has had any goods, wares, or merchandise, as the
frequent correspondence with the party, persons who must take out a licence within
or otherwise frequently seen writings of his ; the meaning of that Act ; but no wholesale
(3. ) Ex scripto nunc viso, i.e., by the like trader or his servant or agent is to be
comparison by a witness who is an expert deemed a bawker ; nor are coal agents
in characters or letters, and their pecu who carry about and sell by retail coals in
liarities of formation . carts within the intention of the Act. Any
The third sub -variety was not adminis person offending against the Act incurs à
sible by the Common Law, but was first penalty not exceeding £40 ; but under the
made so by the C. L. P. Act, 1854 ( 17 & 18 stat. 23 & 24 Vict. c. 111 , the Commis
Vict. c. 125), s. 27. sioners of Inland Revenue may remit the
See title EXPERTS, EVIDENCE OF. penalty, notwithstanding the same, or some
HARBOURS . Under the Harbours portion of it, may be payable to some other
party than the Crown.
Docks and Piers Clauses Act, 1847 (10 Vict.
c. 27 ), as amended by the Act 25 & 26 HAXEY'S CASE : See title FREEDOM OF
Vict. c. 69, provision is made for the con SPEECH .
struction of new harbours, with the ne HEAD - BOROUGH . This was the name
cessary accommodation works incidental of the officer who was at the head of a
thereto, and for providing life -boats, and frankpledge, and who was the chief of the
for the collection of rates, and for the dis ten pledges (whence called chief-pledge) in
charge of cargoes and the removal of goods, a decennary. His nine coadjutors were
and generally for the protection of tho called Hand - Boroughs. His modern equi
harbour and the peace thereof. A special valent appears to be the head constable of
Act is required for the construction, and a borough.
the special Act may incorporate the Lands See title POLICE.
Clauses Act, 1845, in the usual manner and
for the usual purposes. The General Pier HEALTH , PUBLIC . Has been secured
and Harbour Act, 1861 (24 & 25 Vict. by a variety of statutes, principally by the
c. 45), applies as well to new barbours as Public Health Act, 1848 (11 & 12 Vict.
also ( when there is no constituted harbour c. 63), the Local Government Act, 1858,
trust) to old harbours, and provides for the and the Acts amending same, both which
levying of harbour rates. Under the stats. specified Acts bave however been repealed
24 & 25 Vict. c. 47, and 24 & 25 Vict. c. 80, by the Public Health Act, 1875 ( 38 & 39
advances of money may be made by the Vict. c. 55), in which Act the bulk of the
Public Loan Commissioners to harbour law upon this matter is now comprised .
authorities for the construction and im Under this statute, and others referred to
provement of harbours; and these statutes therein, large powers are given to the local
have been amended by subsequent Acts. authorities for removing nuisances, regu
The stat. 40 & 41 Vict. c. 16 (entitled the lating burials, checkingthe sale of injurious
Removal of Wrecks Act, 1877), authorizes food or drink, and otherwise preventing
disease .
the harbour authority to remove or to See title SANITARY LAWS.
destroy any vessel sunk, stranded , or aban
doned within their jurisdiction , and to sell HEARING . Was the old name for the
such portions thereof as are saleable, and trial of an action in the Court of Chancery.
out of the proceeds to reimburse themselves See title TRIAL,
their expenses .
See titles PORT ; SHIPPING . HEARING IN CAMERÂ. Is simply
HEARING IN CAMERÂ — continued. HEIR - continued .

hearing in private. It was a common ( 1. ) Heir- Apparent. — Is he who, if he
practice of the old Ecclesiastical Courts, survive his ancestor, must certainly be his
and it continues to be the practice in the heir and succeed him , e.g., the eldest son
Probate Division of the High Court, where in the lifetime of his father.
re 18ons of a public nature (e.g. , evidence (2.) Heir- Presumptive.-- Is he who, if the
of a delicate or indecent character ) suggest ancestor were immediately to die, would
the propriety of such a course. But, ex succeed , but whose right of succession may
cepting in such cases, the High Court has be defeated by some event other than his
no power to hear cases in private even with own death before the ancestor.
the consent of the parties, unless it be a ( 3.) Customary Heir . - Is he who is heir
matter relating to wards in Chancery or according to any custom, such as that of
lunatics, or unless the publicity would Borough English, or, in the case of copy
defeat the object of the action. hold lands, upon the death of bis ancestor.
The hæres of Roman Law is inore like the
HEARSAY : See title EVIDENCE, sub
title HEARSAY . executor than the heir of English Law,
being both constituted by the appointment
HEARTH -MONEY : See title Taxation , of the testator, and taking in general a
HISTORY OF. bare legal estate, which he holds in trust
HEDGE - BOTE . This phrase denotes to pass down or to distribute among others.
the allowance of wood for the repair of See title HÆREDES.
hedges ( sometimes called hays, whence HEIR APPARENT
hay-bote ) made to a tenant for life, or other
tenant with a limited interest. HEIR , CUSTOMARY See title HEIR .
See title EsTOVERS. HEIR PRESUMPTIVE
HEDGES : See title FENCES AND DITCHES. HEIR -LOOMS. Such personal chattels
HEIR . As defined by Blackstone, the as go to the heir along with the inheritance,
heir is one “ upon whom the law casts the as being a loom , limb, or member, i.e., part
estate immediately on the death of his thereof. They are properly ancient portraits
ancestor ; whence also it is said that the of former owners , coats of arins, paintings,
heir cannot disclaim the estate of his and such like ; and are to be distinguished
ancestor (see title DISCLAIMER ). It is a from anotherclass of personal chattels, often
maxim of the English Law that God and but improperly called heir-looms, and which
not man maketh an heir (Solus Deus hære are by express words annexed to the in
dem facere potest, non homo ) ; and again it heritance to go along with it, and which
is a maxim of the Roman Law that the law are usually (but not necessarily ) fixed to
and not the prætor makes an heir ( Prætor the inheritance in such a manner as does
not admit of their severance from it with
hæredem facere non potest, lex facere potest).
The two maxims are, however, very differ out damaging the inheritance. A bill in
ent in what they denote , the maxim of the equity will lie for the specific delivery up
Roman Law merely pointing at the differ of heir - looms to the owner of the inherit.
ence between the hæres and the bonorum ance ( Pusey v. Pusey, 1 Wh . & Tud. L. C.
possessor (or, roughly speaking, between 735 ) .
See title FIXTURES.
the legal and the equitable owner), and
not implying that a testator could not ( for HERALDS' COLLEGE . A royal corpo
in fact he always could ) in Roman Law ration which is said to have received its
constitute his own heir , whereas the maxim charter of incorporation from King Richard
of the English Law, on the other hand, III. of odious memory, but who appears to
points at the difference between an heir have anticipated several of the beneficial
and a devisee, and seeks to denote (with a measures of Henry VII. , his rival and suc
certain feeling of piety that is characteristic cessor. The Earl Marshal(Norfolk, D.) is
of the early law ) the inability of any one the head of the college. The records of
to determine for himself amidst the multi the college are kept partly at the college
tude of chances who shall be the successor itself (St. Bennet's Hill, St. Paul's, City of
to his real estate if left to descend in due London ), and partly in the Harleian
course of law. The popular use of the Library (2 Taył. on Evidence, 5th ed .,
term heir is a mistake for devisee . An heir 1287). In cases of pedigree an officer of
can only be determined upon the decease this college has been allowed to explain
of the ancestor (Nemo est hæres virentis), armorial bearings, especially when these
and he is the heir whom the canons of are of a date prior to the Revolution. The
descent demonstrate when applied at the records (kept at the college) of visitations
date of such decease ( see title DESCENTS ). maile by the heralds in the 16th and 17th
The following are the varieties of centuries under a commission from the
heirs : Crown , and which visitation -records con
S
HERALD'S COLLEGE - continued . HIGH COMMISSION . The Act of Su

tain the pedigrees and coats of arms of the premacy, 1 Eliz. c. 1 , restored all eccle
English nobility and principal gentry, are siastical jurisdiction to the Crown, and
admissible in evidence as official records or empowered the Queen to execute the same
public documents, to establish or to defeat jurisdiction by commissioners to be ap
pedigrees and peerage claims (2 Tayl. on pointed under the great seal,and the power
Evidence, 5th ed . 1511 ). of the commissioners, when appointed, was
See titles CHIVALRY , COURT OF ; Docu made to extend to all heresies , schisms,
MENTS, PROOF OF. abuses, and offences whatsoever which fell
under the cognizance of the spiritual au
HERBAGE. The liberty which one man thority. After various temporary commis
hath in or over another man's ground, e.g., sions had been appointed under this Act, a
his forest, to feed his cattle therein . more permanent commission wasappointed
See title Common, Right OF. under it in 1583, during the primacy of
HEREDITAMENT. Is the general name Archbishop Whitgift. This last-mentioned
for lands or houses ; it may be either a commission was the Court of High Commis
corporeal hereditament,an incorporeal here sion, commonly so called. It consisted of
ditament, or a purely incorporeal heredita forty -four commissioners, twelve of whom
ment.
were bishops, other twelve of them privy
See title INCORPOREAL HEREDITAMENTS. councillors, and the rest either clergymen
or laymen, all which commissioners were
HERESY. Is defined in 1 Hawk. P. C. directed and empowered by jury or by wit
c. 2 , as being the offence of bolding a false nesses, or by other means of trial, to inquire
opinion repugnant to some point of doctrine into all offences or misdemeanours against
clearly revealed in the Scriptures, and or contrary to the Acts of Supremacy ( 1 Eliz.
either abso’utely essential to a man's sal c. 1 ), and Uniformity (1 Eliz. c. 2), includ
vation or of ( ssential importance in the ing thereunder the cognizance of all he
Christian faith . The penalty for the offence, retical opinions, seditious books, contempts,
which in the case of lay persons has gone conspiracies, false rumours, slanders, &c.;
entirely into desuetude, used to be either also, incests, adulteries, and the like ; also,
death or excommunication , or other eccle absence from church , &c. And any three
siastical penalty. of the commissioners, of whom one was to
See title's ATHEISM ; CHRISTIANITY. be a bishop, were empowered to examine
HERIOT. The best beast (whether a suspected persons on oath and to punish
horse, ox , or cow ) which by the custom of the refractory by spiritual censures, fines,
most manors is due to the lord upon the or imprisonments, at their discretion, with
death of his copybold tenant. Heriots power also to amend the statutes of schools,
are usually divided into two sorts, heriot colleges, &c.
service and heriot-custom ; the former are The procedure of the Court was wholly
such as are due upon a special reservation founded on the Canon Law, and the ac
in a grant or lease of lands, and therefore cused was subjected to a series of interro
amount to little more than a mere rent ; gatories of an exhaustive and searching
the latter arise upon po special reservation character, which he was compelled to answer
on oath (called the oath ex officio ) without
whatever, but depend solely upon imme evasion , not being allowed the benefit of
morial usage and custom . In some manors the Common Law maxim , that no one is
it is the best chattel, under which term a bound to criminate himself.
jewel or piece of plate is included ; but it
is always a personal chattel, which imme This Court met with the same fate, in
diately on the death of the tenant, being the same year, from the same causes, and
ascertained by the option of the lord , be by the same Parliament, as the Court of
Star Chamber. See that title .
comes vested in him as his property, and is
no charge on the lands, but merely on HIGH SEAS. Torts committed on the
the grods and chattels of the tenant ( 1 high seas and justiciable in England have
Cruise, 323). the lex mercatoria applied to them so far as
HIDAGE. By some it is said to signify England recognizes or has varied that
an extraordinary tax payable to the king general law, and not otherwise. Crimes
upon every hide of land ; by others it is committed on the high seas and consti
said to be an exemption from that tax tuting offences against the law of nations
( Les Termes de la Ley ). are justiciable everywhere.
See title HIDE.
HIGH TREASON : See title TREASON .
HIDE . A hide of land was a family
holding, variously estimated from 100 to HIGHER AND LOWER SCALE, COSTS .
120 acres. Under the 6th order of the Rules of August,
See title HIDAGE. 1875, regarding costs in the Supreme Court,
HIGHER AND LOWER SCALE, COSTS HIRING . A contract whereby a person
-continued . offers to let to another either some instru
a distinction is taken between costs on a ment of utility ( locatio rei), or his services,
lower scile and costs on a higher scale ; for a definite period ( locatio operarum), or
and, under rule 2 of that order, all conten his services until thereby a certain work,
tious matter (speaking roughly) entitles a e.g., a church or a theatre, is constructed
solicitor to costs on the higher scale, and ( locatio operis ). The person who under
under rule 1 of that oriler, all merely ad takes to build , e.g., a theatre, is called a
ministrative matter ( where the estate does contractor par excellence.
not exceed £ 1000) and all proceedings on See titles LOCATIO CONDUCTIO ; Lor
specially indorsed writs and the like entitle AGE .
a solicitor to costs on the lower scale only, HLAFORD. A great lord who had
unless the Court should expressly allow vassals under him , and to whom also land .
costs on the higher scale. less men might commend themselves. He
HIGHWAY. This is a public way open was answerable to produce them when
to all the king's subjects, and leading be wanted for the purposes of justice.
See title FRANKPLEDGE .
tween two public termini ( Young v. Cuth
bertson , 1 Macq. H. L. 455 ). The soil of HOLDING OVER . This is the phrase
the road is in the freeholders adjoining commonly used to denote that a tenant re
( Cooke v. Green, 11 Price,736 ). A highway mains in possession of landsor houses after
may be created either by Act of Parliament the determination of lis term therein .
( Sutcliffe v. Greenwood, 8 Price, 535), or by Thus, a tenant by sufferance is one who
dedication of the freeholder to the public , has come in by right and who holds over
which dedication must be absolute ( Rex v.
Leake, 2 N. & M. 595), otherwise it is a by wrong. And by the Common Law, a
husbandwho has been in possession during
mere licence (Stafford ( Marquis) y. Coyney, the coverture in right of his wife, and who
7 B. & C. 257). Moreover , the dedication afterwards (not having qualified by the
must be in perpetuity ( Dawes v. Hawkins, birth of a child or otherwise to hold over
8 C. B. (N.S.) 818 ). Such a dedication may as tenant by the curtesy ) holds over, was
be presumed from long enjoyment (Poole v . also a tenant by sufferance, but for his
Huskinson, 11 M. & W. 827) ; and it is not more speedy ejection by the next successor
material to inquire who the precise dedi in right he is made a trespasser by the
cating owner was ( Rex v. East Mark
Tything, 11 Q. B. 877). If the owner wants stat. 6 Anne, c. 18, s. 5.
to exclude the presumption ofa dedication, HOLOGRAPH WILL . A will written
while at the same time he wishes to let the wholly by the hand of the testator himself
public pass over it, he should do some act is so called. Before it is admitted to pro
to shew that he gives a licence only ; the bate, the fixed animus testandi must be
common course is to shut the way up one proved, becauso ( especially before 1 Vict.
day in the year (British Museum ( Trustees) c . 26 ) it might have been intended merely
v. Finnis, 5 C. & P. 460). Where the parish as a sketch of the dispositions the testator
or township adopts a public way, which intended by -and -by to make, if upon further
becomessuch by dedication, it is liable to reflection he still approved of same.
repair the same, even at Common Law HOLY ORDERS : See title ORDINATION .
( Rex v. Leake, 2 N. & M. 583) ; and for
statutory regulations as to such adoption, HOMAGE . This was an incident of
see 5 & 6 Will . 4, c. 50 (Highway Act, feudalism, and was so called because the
1835). A remedy lies by action or indict tenant thereby acknowledged his tenure as
ment for the obstruction of a highway that of the lord's man or vassal ( devenio
( Doraston v. Payne, 2 Sm. L. C. 132 ). homo vester). It is to be distinguished
See title EASEMENTS, sub -title WAY. from fealty, another incident of feudalism ,
and which consisted in the solemn oath of
HILL v. BIGGE, CASE OF. Was a de fidelity made by the vassal to the lord ,
cision in the year 1841 of the Privy Council whereas homage was merely an acknow
upon an appeal from the Court of first ledgment of tenure. If the homage was
instance of the Island of Trinidad . Hill intended to include fealty it was called
( the appellant) was governor of the island, liege homage, but otherwise it was called
and was found liable in the civil court of simple homage.
his own island on an account for jewelry The word homage, or homagium , is also
in the sum of £825, or thereabouts. The a noun of multitude, and denoted the jury
Privy Council confirmed the decision in of copyholders who made presentment to
the Court below . The jewelry had been the loril or his steward of all matters af
supplied, and the debt for same incurrcd , fecting the lands of the manor which had
prior to Hill's appointment to the governor been transacted out of Court. Such pre
ship. sentment has, however, ceased to be re
S2
HOMAGE -- continued . HORSES — continued .

quired in the great majority of cases since Gingell, 4 C. B. 545 ). The stats. 2 & 3 Ph .
the Act 4 & 5 Vict. c. 35. & M c. 7, and 31 Eliz c. 12, regulate the
HOME-TRADE SHIP : See title FOREIGN sale of horses, which must be in fairs or
GOING Ship , markets ; and horses so sold, although
stolen , become the property of the pur
HOMICIDE is literally the killing of chaser ; but the owner of a stolen horse so
a human being is of the following sold may redeem it upon payment of the
Varieties : price given, 31 Eliz, c. 12, 8. 4 .
( n .) Felonious bomicide, and being
either murder or manslaughter; HOSIERY MANUFACTURE. The stat.
( b .) Excusable homicide, -as where it 37 & 38 Vict. c. 48, prohibits all stoppages
Occurs by misadventure, or by the master out of the workman's wages,
through ignorance, or from ne- for farm-rents and such like charges ;
cessity ; and abolishing in effect set-off, and leaving the
( C.) Justitiable homicide,-as
– where a master to his right of action only.
sheriff executes, or causes to be
executed , a criminal in strict con HOSPITAL. The stat. 39 Eliz. c. 5,
formity to his sentence ; or where enables any person or corporation to found
a policeman kills a person who hospitals forthe poor, and also to incorpo
resists capture ; or where another rate them (Newcastle Corporation v. Attor
person commits the act in self- ney -General, 12 Cl . & Fin . 402) ; prior to
defence ; or (in the case of a that statute, hospitals could only befounded
woman ) in defence of her chastity. by royal licence or letters patent ( Simpson
v. Wilkinson , 7 M, & G. 50). Hospital
HOMINE REPLEGIANDO. This was a lands are exempt from land-tas if that was
writ which lay to replevy a man out of their application at the time of thepassing
prison, or out of the custody of any private of 38 Geo. 3, c. 5 ( Cox v. Rabbits, 3 App.
person , in the same manner that chattels Cas. 473), but not if the hospitals are
taken in distress may be replevied . It was founded subsequently to that Act ( Lord
necessary to give security to the sheriff that Colchesterv. Kewney, L. R. 1 Exch. 368 ;
the man should be forthcoming to answer L. R. 2 Exch. 253). Hospitals (together
any charge against him . In Somersett's with all the buildings incidental thereto )
Case ( 20 St. Tr. 1 ), it is stated by Mr. Har are also exempt from inhabited house du
greaves in argument that this writ was
(48 Geo . 3, c. 55 ; Jepson v. Gribble, 1 Exch.
one (the writ de nativo habendo being the Div 151 ). Of course, hospitals are charities
other ) of the only two writs provided by within the meaning of the Mortmain Act.
law for the master's reclaiming a runaway See title CHARITIES.
villein .
See titles Nativo HABENDO ; l'Ille- HOTCHPOT. This word is the English
NAGE . equivalent for the Latin collatio. It denotes
HONORARIUM . A fee paid (eg, to a that of two or more pereons jointly entitled
to share equally in the distribution of pro
barı ister, queen's counsel, or physician ) for
his services, and for the recovery of which perty, whether real or personal, any one of
no artion lies in any court of justice, the them who has received part of his or her
liability being honourable and amounting share previously to the period of the ulti
mate distribution must bring into the com
to a moral obligation only. mon property the part so received before he
HONOUR . The seigniory of a lord para- or she is entitled to share in the general
mount was so called , wliile the seigniory of distribution . Thus, if the owner of fifty
a mesne lord was simply called a seigniory. acres has two daughters, and gives one of
such daughters twenty acres upon her
HORSES. A person who hires a horse marriage, and afterwards dies intestate,
is bound ( in the absence of express agree leaving the two daughters his co- heiresses,
ment to the contrary ) to provide it with the daughter who had already received
sufficient food during his use of it ( Hand part shall bring that part into hotchpot,
ford v. Palmer, 5 Moo. 74 ) ; he must also and then take her half share of the original
use it in a careful manner, and not drive fifty acres, or refusing so to do, shall leave
it when visibly exhausted ( Bray v. Mayne, all the remaining thirty acres to her sister
Gow. 1 ). A livery stable -keeper has a lien (22 & 23 Car. 2 , c. 10 , s. 5). A hotch pot
for his keep and exercise of a horse ( Bevan clause is also usual in wills and marriage
v. Waters, 3 C. & P. 520 ); and other stable settlements.
keepers may, by special agreement, acquire See titlez CollaTIO ; REDUCTION .
a similar lien (Wallace v. Woodgate, 1 C. &
P. 575). Horses standing at livery are HOTEL : See titles Inx ; INN -KEEPER'S
liable to be distrained for rent ( Parsons y. Lien.
HOUSE - BOTE . This word denotes the HOUSE OF LORDS, JURISDICTION OF

right of the tenant for life, or other tenant --continued .
with a limited interest, to take wood or illegally, a control over verdicts ; and partly
timber for the necessary repair of houses, also, and perhaps chiefly, by the circum
&c., part of the lands in tenancy. stance that the Court of Exchequer Cham
See title ESTOVERS . ber was established by 31 Edw. 3 , st. 1 , c. 12,
HOUSE -BREAKING : See title BUB- as a Court of Appeal from the Courts of
GLARY . Exchequer and Common Plexus, becoming
HOUSE OF COMMONS. The lower divi- also a Court of Appeal from the Court of
sion of the Legislature. The history of Queen's Bench in virtue of the stat. 27 Eliz.
its growth is the history of the English c. 8. Certain it is, at all events, that after
constitution (see title CONSTITUTION, the beginning of the fifteenth century the
GROWTH OF). For the proper conduct of appellate jurisdiction ofthe House of Lords
its business, it enjoys many privileges (see did fall into disuse, and that it continued
title PRIVILEGE OF PARLIAMENT ); and as in disuse till about the Restoration in 1660 ,
regards money -bills, its privilege is exclu- when the jurisdiction of the House of Lords,
sive of the lords ( see title Money -Bills ). as well in its original as in its appellato
Its menibers require no property qualifica- branch , was attempted to be restored .
tion (see title MEMBER OF PARLIAMENT). Thus ( 1. ) With reference to their original
See also titles ELECTIONS, COMMONS' jurisdiction, -The Lords did not at the
RIGUTS IN ; ELECTORAL FRANCHISE ; Restoration period hesitate on petition
REPRESENTATION IN PARLIAMENT. (a ) to stay waste on the estates of private
persons : (6) to secure the tithes of church
HOUSE OF CORRECTION . By the
Prison Act, 1865 (28 & 29 Vict. c. 126 ), livings during vacancies; or generally (C)
8. 56, the distinction between prisons and
to interfere in freehold matters affecting a
member of their own House . But these
houses of correction bas been abolished ;
that distinction, while it existed, was this, pretensions were always objected to by
the Commons as an unlawful interference
that houses of correction were in the nature
with the ordinary tribunals, and were finally
of reformatories rather than of penal es given up in the case, or as a consequence
tablishments, which prisons are . of the case, of Skinner v . East India Com .
See titles Gaols ; PRISONS, pany, in the reign of Charles II. The plain
HOUSE OF LORDS, JURISDICTION titf in that case had petitioned the King for
OF. The House of Lords baving been redress and restitution in respect of certain
originally interchangeable with the Aula losses sustained by him at the hands of the
Regis, was possessed of a twofold jurisdic- East India Company's agents, they having
tion , namely, plundered his property , taken away his
( 1.) An original jurisdiction ; and ships, and dispossessed him of an island
( 2.) An appellate jurisdiction. which he had purchased from a native Indian
This twofold jurisdiction appears from vari- prince. The King transmitted the petition
ous causes to have fallen in early times into to the House of Lords, and the Lords called
comparative disuse. ( 1. ) The disuse of the upon the East India Company, through
original jurisdiction is accounted for by the their chairman , Sir Samuel Barnardiston
circumstance that the Aula Regis had been ( who was an M.P.) to put in ti.eir answer to
divided into, firstly, committees, and se- Skinner's complaint. Tbe Company pleaded
condly, permanent Courts, appropriating in bar to the jurisdiction ; but that plea was
to themselves the cognizance of special overruled, and eventually judgment was
matters ; namely, the Court of Exchequer given for Skinner with £ 5000 damages. The
for matters of revenue affecting the Crown ; Company having in the meantime brought
the Court of Common Pleas for matters the proceedings in the House of Lords to
chiefly of a freehold nature between subject the attention of the Commons, prayed the
and subject ; the Court of Queen's Bench latter body to interfere and assume juris
originally for the residuary jurisdiction of diction in the matter, Barnarliston being a
the Aula Regis, but latterly for a definite member of their House . The Commons at
but more or less general portion of that once took cognizance of their complaint;
jurisdiction ; and the Court of Chancery for and the Lords objecting to this unwarranted
matters of grace. (2.) The disuse of the assumption of jurisdiction on their part,
appellatejurisdiction is accounted forpartly several conferences followed between the
by the competency of the jurisdiction of two Houses. These conferences proving
the Courts liaving original jurisdiction, and ineffectual, the Lords and Commons re
more especially by the wide powers of the taliated on each other, the Commons voting
Court of Chancery, which gave redress in Skinner into custody for a breach of privi
most cases of hardship at Common Law , and lege, and the Lords committing Barnardis
partly by the circumstance that the Coun- ton for the like cause . Subsequently, the
cil or Siar Chamber exercised , although Lords released Barnardiston, but the Com
HOUSE OF LORDS, JURISDICTION OF HOUSE OF LORDS, JURISDICTION OF
-continued . - continued .
mons persisting in the dispute, passed a bill sented to the House on and after the 1st
vacating all the proceedings in the Lords of November, 1876.
against Barnardiston . The King ultimately See title APPEALS, Civil, VARIETIES OF.
quieted the dispute by recommending an HOUSE - TAX . Otherwise called Inha
erasure of all proceedings from the journals bited House Duty, is an assessment upon
of the two Houses; and the Lords have
never from that time made any pretensions every house that is occupied for the pur
to an original jurisdiction. poses of residence ; business premises are
( 2.) With reference to their appellate exempt from it, even although a house
jurisdiction,—The Lords, in the opinion of keeper resides on them (32 & 33 Vict. c.
Sir M. Hale, never exercised any such juris 14. 8. 11 ; repealed but in substance re
diction in matters coming from Courts of enacted by 41 Vict. c. 15, s. 13) ; and when
Equity until the reign of Charles I. , or more a house consists in part of residential and
probably the Restoration in 1660 ; but in in part of business premises, the tax is to
matters coming from the Courts of Com be confined to the residential part, and of
course is on the assessed annual value of
mon Law, the Lords from a very early time such part as residential.
exercised an appellate jurisdiction upon See title INLAND REVENUE .
writs of error under commission issuing
under the Great Seal. This appellate juris HOUSEHOLD SUFFRAGE : See title
diction in both of these its branches, was ELECTORAL FRANCHISE .
equally reasonable and proper ; but upon HUE AND CRY. This phrase denotes
its attempted revival after the Restoration the Cold ] process provided by the Common
in 1660, it was resisted by the Commons, Law for the pursuit of felons, and which
principally ( it appears) upon the score of the sheriff, semble , may still put in force.
privilege, and not upon any more general But the modern facilities and provisions
grounds. Thus , in 1675, in the case of for arrest have now, as a general rule, ex
Shirley v. Sir John Fagg, the defendant cluded the necessity for it.
being a member of the Commons' House, See titles WATCH AND WARD ; POLICE.
the plaintiff brought an appeal to the House
HUNDRED : See title HUNDREDORS.
of Lords from the Courts of Equity ; where
upon the Commons apprehended the coun HUNDRED COURT. , A Hundred Court
sel engaged in the case and imprisoned
them in the Tower ; and although the
HUNDREDORS. } A much eheCaune
Lords sent their usher to the Tower to as a Court Baron , only that it is larger, and
deliver them , they remained in custody for is held for the inhabitants of a particular
hundred iustead of a manor ; it resembles a
some time lunger, the Lieutenant of the
Tower refusing to release them without a Court Baron in not being a Court of Record ,
warrant from the Commons. The King, and in the free suitors being the judges,
with a view to staying this dispute between and the steward the registrar . Hundredors
the two Houses, prorogued Parliament for are persons empanelled or fit to be om
three months ; but the dispute was revived panelled on a jury upon a controversy
upon the re -assembling of Parliament, and arising within the hundred where the land
the King thereupon again prorogued Par in question lies. The word “ hundredor "
liament, on the latter occasion for ghteen also sometimes signifies he who has the
months. Shirley's appeal never came on jurisdiction of a hundred and holds the
Hundred Court; and sometimes it is used
again, but the Lords insisted upon their for the bailiff of a hundred (Cromp. Juris.
right to an appellate jurisdiction , and have
ever since exercised that jurisdiction, al 217 ). By the Common Law the hundred
is liable for all damage done to property
though the Commons upon the re-assem within it by rioters, and may make an
bling of Parliament passed some [intem assessment to raise the amount.
perate) resolutions to the effect that there
lay po appeal to the House of Lords from HUSBAND AND WIFE. This relation,
Courts of Equity, and that to assist in any which was anciently called that of Baron
such was to betray the rights and liberties and Feme, is fertile in legal consequences,
of the subject. The appellate jurisdiction as well in the rights which it confers as in
in Common Law matters seems not to have the liabilities which it imposes upon either
been questioned either after or before the party to the relation .
Restoration . Firstly, The rights of the husband ; and
Appeals to the House of Lords are now hereunder firstly, in the real estate of the
regulated by the Appellate Jurisdiction wife ; and secondly, in l.er personal estate.
Act, 1876 (39 & 40 Vict. c. 59), and the ( 1. ) In the real estate of the wife, the
orders and rules made thereunder and husband takes the following rights :
which are applicable to all appeals pre (a ) The entire rents and profits arising
HUSBAND AND WIFE -- continued . HUSBAND AND WIFE - continued .

during the coverture ; and if he (1.) In the real estate of the husband.
survive the wife, and has had If the marriage was solemnised before the
issue by her capable of inheriting, 1st of January, 1834, and the wife sur
( 6. ) An estate for the residue of his vives her husband, she is entitled for the
life. residue of her life as dororess to one - third
But with respect to marriages which are part of all the lands of which her hus
solemnised after the 9th of August, 1870, band was at any time during the coverture
and real estate coming to the wife after- solely seised for an estate of inheritance ;
wards during the coverture by descent, the and if the marriage was solemnised after
wife takes the entire rents and profits the 1st of January, 1834, she is entitled for
thereof independently ofher husband ; and the residue of her life, as dowress to one
the husband is left only his curtesy estate. third part of the lunds of inheritance re
( M. W. P. Act, 1870 ), unless the wife should maining to the liusband undisposed of by
(as she apparently may ) defeat that right him , either by deed or will, and whether
by alienation inter viros or even by di vise he was legally seised , or only equitubly
( Cooper v. Macdonald , L. R. 7 Ch . Div . 288). possessed , of the same lands during the
(2.) In the personal estate of the wife, coverture. But whereas formerly her right
the husband has the following rights :- of dower, after it had once attached , was
(a .) All that part of her personal estate indefeasible by any adverse disposition ,
that is in possession, or which much less by any adverse declaration, of
(being chattels personal) he re- the husband, the right in the case of mar
duces into possession or ( but only riages solemnised since the 1st of January,
if chatiels real) alienates during 1834 , is defeasible by disposition , and even
the coverturr ; and if he survive by declaration, of the husband to the con
the wife, trary , made or contained by or in any deed
(6. ) All that other part of her estate or will of his.
which , as being either choses in Thirdly, The liabilities of the husband .
action not reduced into possession In respect of his wite , the liusband incurs
go to him as her administrator, or the following liabilities. He is liable to
as being chattels real not alien- pay all his wife's debts contracted before
ated during the coverture, or the the marriage, and to provide her with the
residue of the separate estate, necessaries of life during the marriage,
simply remain to him jure mariti. whether she is living with him , or (from
But under the M. W. P. Act, 1870 ( 33 & no fault of her own ) separate from him
34 Vict. c. 93), the wages and earnings of (Ottaway v. Hamilton, 3 C. P. Div. 393).
He is also liable on all the contracts of his
married women from any employment, oc
cupation, or trade, or from the exercise of wife entered into by her with regard to
any literary, artistic, or scientific skill are necessaries, and ( upon proof of his assent
to be their own separate estate, as are also thereto ) with regard also to non -nect ssaries,
all investments thereof, and all deposits in being articles of a luxurious and expen
savings banks; and further, all personal sive kind. However, under the M. W. P.
property coming to married women under Act, 1870 , when the marriage hus taken
an intestacy, and all personal property not place after the 9th of August, 1870, the
exceeding £200 coming to them under a husband is not to be liable for the debts
deed or will , are to be their own property ; of the wife contracted before marriage, but
and married women may effect policies of the wife's own separate estate ( if any) is
life insurance either on their own or on to be liable for the same ; but under the
their husband's lives, and such policies are M. W. P. Amendment Act, 1874 , the hus
to form part of their own separate estate . band is again subjected to liability for
Moreover, in respect of the before-men- these debts of his wife, but to a limited
tioned rights of the husband as well in the extent only, that is to say, to the extent
real as in the personal estate of the wife, (speaking roughly) of all property of the
the same are subject in general to the rule wife which the husband has acquired or
of Equity, called " The Wife's Eyuity to a but for his own act or default might have
Settlement” (see title EQUITY TO A SETTLE- acquired for himself.
MENT), whereby the Court of Chaucery in Fourthly, The liabilities of the wife . In
certain cases, and almost, indeed, in the respect of her husband, the wife used for
invariable case, sets a part for the wife a merly to incur no pecuniary liability at
proportion of her estate previously to the all, but only the duties of obedience and
husband's obtaining the possession thereof. chastity. But under the M. W. P. Act ,
Secondly, The rights of the wiſe, and 1870, when her husband becomes charge
hereunder. Firstly , In the real estate of able to the pari- h, she is liable to an order
her husband ; and , secondly, in his per- under the Poor Law Amendment Act, 1868,
sonal estate. 8. 33, charging her to contribute to the
HUSBAND AND WIFE - continued . HYPOTHETICAL YEARLY TENANCY.
maintenance of her husband ; and she is Is the basis of rating lands and heredita
also liable for the maintenance of her ments to the poor rate, and to other rates
children, as a widow was by law already and taxes that are expressed to be leviable
chargeable therewith . Moreover, under or assessable in like manner as the poor
the M. W. P. Amendment Act, 1874, rate .
supra, she is rendered liable, jointly with See titles Poor RATE ; RATING ; UNION
her husband , for ber own debts contracted ASSESSMENT ACT.
before the marriage.
See also titles CONJUGAL RIGHTS ;
MARRIAGE SETTLEMENTS ; &c.
I.
HYPOTHECA . This was a term of the
Roman Law , and denoted a pledge or mort- ID CERTUM EST, QUOD CERTUM
gage. As distinguished from the term REDDI POTEST : See title CERTUM EST
pignus in the same law, it denoted a mort- &c.
gage whether oflands or of goods in which
the subject in pledge remained in the pos- IDEM SONANTIA . Where two words
session of the mortgagor or debtor, whereas ( usually surnames) sound the same, al
in the pignus the mortgagee or creditor though spelt differently. In criminal in
was in the possession. Such an hypotheca dictments , a mistake in spelling the sur
might be either express or implieil : (1.) name is immaterial, so long as the sound
Express, where the partits upon the occa- is the same, and there is no mistake as to
sion of a loan entered into an express agree- the party, e.g. , Segrave for Seagrave (Wil
ment to that effect; or (2.) Implied , as, liams v. Ogle,2 Str. 889), White for Whyte,
e.g., in the case of the stock and utensils of and such like.
a farmer (colonus), which were subject to
the laudloid's right as a creditor for rent ; IDENTITY . In conveyances of land, it
whence the Scotch law of hypothec. is necessary to identify the property sold
The word has suggested the term hypo- with that described by the parcels in the
thecate, as used in the mercantile and title - deeds. This is usually done by a
maritime law of England. Thus, under comparison of all maps and the successive
the Factors' Act, goods are frequently said descriptions in the successive deeds, coupled
to be hypothecated ; and a captain is said with a declaration of identity by some old
to have a right to hypothecate his vessel credible person . And in actions and suits,
for necessary repairs. See Kay's Law of it is often necessary to establish the iden
Shipmasters and Seamen . tity of parties and of deponents ; but such
See next title. evidence need not be strict, as the similarity
HYPOTHECATION. Is a term in Ship of name throws the onus of disproving the
ping Law, and denotes the Act of pledging identity on the party affirming the nega
ship or cargo or both by master of vessel, tive. An affidavit of identity is also re
to enable him (in a givensuccess.
emergency ) to quired of the names in certificates of births,
prosecute his voyage with Before baptisms, marriages, and burials ; otherwise
resorting to hypothecation, the master the question of identity is for the jury to
should endeavour to raise the needful funds determine (Hubbard v. Lees, L. R. 1 Ex.
on his own personal credit. Bottomry and 255).
respondentia are the two principal forms of IDIOCY : See title LUNACY .
hypothecation.
See titles BOTTOMRY ; CARGO ; RE
SPONDENTIA . IGNORAMUS (We are ignorant). For
merly the grand jury used to write this
HYPOTHÈQUE. In French Law is the word on bills of indictment when, after
mortgage of real property in English Law , having heard the evidence, they thought
and is a real charge, following the property the accusation against the prisoner was
into whosesoever bauds it comes . Such a groundless, intimating that, though the
charge may be either ( 1 ) Légale ; or (2) | facts might possibly be true, the truth did
Judiciaire; or (3) Conventionnelle. It is not appear to them ; but now they usually
legale, as in the case of the charge which write in English the words “ not a true
*
the state has over the lands of its accoun- bill , ' ' or “ not found,” if that is their ver
tants, or which a married woman has over dict ; whereupon the party is forth with dis
those of her husband ; it is judiciaire, when charged ; and the jury are in so doing said
it is the result of the judgment of a Court to ignore or throw out the bill . A potable
of Justice ; and it is conventionnelle, when instance of the finding of an ignoramus was
it is the result of an agreement ( which the Earl of Shaftesbury's Case, 8 St. Tr.
must be express) of the parties. 759, temp. Charles II.
265
IGNORANTIA FACTI. It is a gene IMPARLANCE - continued .
2
IGNORANTIA JURIS. } rat rulethat
ignorance of law ( jus) is no excuse, either
term . It is said that the reason of allowing
an imparlance was to give the plaintiffau
for committing a crime or for bargaining opportunity of settling the matter amicably
away (without knowing it) a private civil with the defendant without further prose
right, at least where the circumstances out cuting his suit ; and the Court is in the
of which the civil right arises are known to habit in a proper case of allowing the
the parties at the time ( Pullen v. Ready, parties time to consider abouta compromise
2 Atk. 591 ) ; secus, if the circumstances of the action . By the 2 Will. 4, c. 39, im
· were not then known (Cooper v. Phipps, parlances as such were abolished ; and
L. R. 2 H. L. 149), or if the other party more recently, by r. 31 T. T. 1853, no entry
committed a fraud upon the ignorant party or continuance by way of imparlance or
( Ormond v. Hutchinson , 13 Ves. 51). On otherwise was to be made on any record or
the other hand, ignorance of fact is always roll whatever,or in the pleadings.
an excuse, assuming that the fact is a See title CONTINUANCE .
material one ( Cochrane v. Willis, L. R.
1 Ch. App. 58). IMPEACHMENT. A proceeding against
minister and othe public servants of
ILLATA ET INVECTA. Things brought eminences institutedr by the Commons as
into the house for use by the tenant were prosecutors, and determined by the Lords
so called , and were liable to the jus hypo- as judges ( see title ATTAINDER, BILLS OF).
thecæ of Roman Law , just as they are to The impeachment of Michael de la Pole
the landlord's right of distress in English ( chancellor) in 1386 ( 10 Ric. 2), is the
Law. earliest recorded instance, and resulted in
ILLEGALITY . In a contract vitiates the removal of that officer from the chan
same, even although the illegality were cellorship. William de la Pole, Duke of
purely technical or general ( Sykes v. Bea Suffolk (the grandson of Michael the chan
don , 11 Ch . Div. 170 ; South Wales Atlantic cellor ), is the second well-defined instance
S.S. Co. 2 Ch . Div. 763). impeachment ( 1449, 28 Hen . 6 ), but the
impeachment in that case assumed after
ILLEGITIMACY : See titles BASTARD ; wards the character of a bill of attainder,
LEGITIMACY, DECLARATION OF ; LEGITIMA- and the bill was shelved by the king
TION .
banishing the duke for five years. The
IMMEUBLES. These are, in French next notorious instances of impeachments
Law , the immoveables of English Law. are those of Mompesson ( 1621) for his
Things are immeubles from any one of three violation of the Monopolies Act, -and of
causes : ( 1.) From their own nature , -e.g ., Bacon, L.C. (1621), for alleged bribery in
lands and houses; (2. ) From their desti his office, -and of Middlesex, Earl ( 1624 ),
nation , -e.g ., animals and instruments of for alleged bribery . Between the year
agriculture when supplied by the landlord ; 1621 and the Revolution in 1688 , there
or (3.) By the object to which they are were about forty cases of impeachment, of
annexed , e.g., easements. which the principal were :
IMMORALITY . If the consideration for (1.)) Bucki
(2. Mainwaring Duke
ngham,, Dr., in, in 1626
1628 ; ;
a contract, e.g., in a bond to ensure future ( 3.) Strafford, Earl, in 1640 ;
co - habitation , vitiates the contract, in like (4. ) Laud, Archbishop, in 1641 ;
manner illegality in the consideration (5. ) Clarendon , Earl, in 1667 ;
would vitiate it. Semble, in a legacy the (6. ) Danby, Earl, in 1679 ; and
immoral condition would be read as not ( 7. ) Fitzharris , Mr., in 1681 .
inserted in the will (pro non scripto ). Since the Revolution in 1688, the prin
See title CONDITIONS, IMPOSSIBLE. cipal impeachments have been, -
IMMOVEABLES : See title MOVEABLES, ( 1. ) The Four Whig Peers ( Portland ,
IMPANEL. To impanel a jury signifies Orford, Halifax, and Somers), in
1701 ;
the entering by the sheriff upon a piece of (2. ) Sacheverell, Dr., in 1710 ;
parchment terined a panel the names of (3.) The Three Tory Peers ( Oxford ,
the jurors who have been summoned to Bolingbroke, and Ormond ), in
appear in Court by a certain day to form a 1715 ;
jury of the country to hear such matters as (4. ) Warren Hastings, in 1788 ; and
may be brought before them. (5. ) Lord Melville, in 1804.
See title PANEL. To an impeachment, the king's pardon
IMPARLANCE . An indulgence for- cannafte
but ot be pleaicti
r conv ded on,
in bar the pros
of pard
that on ecut ionca;
is effi
merly granted to a defendant to defer cious ( see title DANBY , IMPEACHMENT OF).
pleading to the action until a subsequent An impeachment is not abated by a pro
IMPEACHMENT - continued . IMPLIED TRUSTS — continued .
rogation of parliament (Oxford's Case, sidered, but the Court raises, i.e. , constructs,
1715), nor yet by a dissolution (Warren the trust for its own purposes simply.
Hastings' Case, 1788). See title TRUSTS.
IMPEACHMENT OF WASTE : See title IMPLIED USES : See title Uses, In
WASTE . ILIED .
IMPERITIA CULPA ANNUMERA . IMPLIED WARRANTIES : See title

TUR . Want of skill is equally culpable WARRANTY.
with negligence. IMPOSITIONS. A general name for
See titles MASTER AND SERVANT ; taxes (see title TAXATION , HISTORY OF ).
SERVICE, CONTRACTS OF. Illegal impositions so called were those
IMPERTINENCE : See title
levied, or attempted to be levied , by the
SCANDAL
AND IMPERTINENCE. sovereign without the authority of Parlia
ment.
IMPLICATION . This word signifies See titles BATES's CASE ; IMPOSITIONS,
something implied in law, though not for CASE OF
mally expressed in words. The natural IMPOSITIONS , CASE OF : See title
meaning of the word is also the technical BATES's Case .
one . Such implications are raised in the IMPOSSIBILITY. May be either phy
matter both of estates and of rights ; e.g.,
prior to 1 Vict. c. 26, an estate tail by im sical ( e.g., from natural causes ) or legal
plication arose from words importing an (e.g., from illegality , immorality , or the
indetinite failure of issue of the donee of like ). Some distinction is made by law ,
the estate for life or in fee simple ; and according as the impossibility existed at
although that particular implication is now the date of the contract, or only arose sub
expressly discontinued by statute, yet sequently the reto.
See titles ALTERNATIVE OBLIGATIONS ;
similar implications hold good in other CONDITIONS, IMPOSSIBLE.
matters ; also, a subsequent ratification by
A. of the contract of B. amounts in law by IMPOSSIBLE CONDITION : See title
implication to a previous command on the CONDITIONS, IMPOSSIBLE.
part of A. to B. to enter into the contract. IMPOTENCE : See title NULLILY OF
IMPLIED CONTRACTS. Are of two MARRIAGE.
great classes, either ( 1.) Implied in Law , IMPOTENTIA CULPÆ ADNUMERA
or (2. ) Implied by the law from circum TUR. Want of strength , when strength is
stances. Those contracts which are implied warranted expressly or impliedly, is equally
in law, are e.g., the landlord's right of dis . blame-worthy with want of care, i.e., viegli
tress, these contracts being raised or given gence.
by the law without any (or any proximate)
consideration of the circumstances or con IMPOUND. The placing - i.e ., confin
duct of the parties ; on the other hand, ing - cattle, goods, or chattels taken under
those contracts which are implied by law distress in a lawful pound, which may be
from circumstances are, e.g., a contract or either open or close. An open pound is
promise of marriage, or a contract of agency, any place in which the owner of the cattle
may give them to eat and drink without
either of which contracts may be implied trespass, and by the Common Law he was
without any express engagement and with
out any writing to evidence the contract , in fact bound to do so at his own peril. A
and solely from the conduct and dealings pound close is some private place, selected
of the parties. The quasi-contracts of by the impounder, where the owner has no
Roman Law , undoubtedly comprise all right to enter to them, but the impounder
those contracts that are implied by law must sustain them , and that without any
from the conduct of the parties; but it is allowance for it. But now , by 12 & 13 Vict.
the opinion of Maine (in his Ancient Law ) c. 92 , it is enacted that every person who
that they do not comprise the contracts shall impound or confine any animal in any
which are implied in law , sed quære. common pound or inclosed place shall pro
See title Quasi-CONTRACT. vide it with food and water ; and by the
17 & 18 Vict. c. 60, it is further enacted
IMPLIED TRUSTS. Are trusts created that the impounder may, in the manner
in Equity by regard to the unexpressed directed by the Act, sell the cattle im
but presuined intention of the parties; t ! ey pounded, or any of them , openly in the
are distinguished on the one hand from public market, and apply the produce of
express trusts in which that intention is the sale in discharge of the expenses of
expressed, and on the other hand from food and nourishment, renderiug the over
constructive trusts in which no question of plus ( if any ) to the owner of the cattle .
intention either express or implied is con See titles Pound ; Pound - BREACH .
IMPRESSMENT. Was declared illegal IMPROPRIATE RECTOR . Commonly

by the Long Parliament in 16 Car. 1., un signifies a lay rector as opposed to a spiri
less for home-defence, or unless in virtue of tual rector, just as impropriate tithes are
the obligations of tenure. But the king tithes in the hands of a lay owner, as op
with the sanction of Parliament has im posed to appropriate tithes, which are tithes
pressed men, e.g. , under 19 Geo. 3, c. 10, in the hands of a spiritual owner.
all disorderly and homeless vagabonds See titles APPROPRIATION ; IMPROPRIA
were made liable to impressment for ser TION ; TITHES .
vice in the army in the then pending war IMPROPRIATION . The annexing of
with America ( 1779) ; and as regards ser an ecclesiastical benefice to the use of a
vice in the navy, there being no feudal lay person , whether individual or corpo
provision for that, the king's prerogative rate , in the same way as appropriation is
was more frequently exercised, and was
at no time declared illegal, although it has the annexing of any such benefice to the
been long practically obsolete (see the Re proper and perpetual use of some spiritual
port of 1859 drawn up by the Commission corporation , whether sole or aggregate, to
enjoy for ever.
for Manning the Navy ; and see 3 May's The origin of appropriations is com
Const. Hist. 20-24 ).
See titles ARMY DISCIPLINE Act, 1879 ; monly attributed to the policy of the
CONSCRIPTION . monastic orders, and is explained in this
manner : At the first establishment of the
IMPRISONMENT FOR DEBT. By the
parochial clergy, the tithes of the parish
were distributed in four parts - one part
stat. 32 & 33 Vict. c. 62 (The Debtors being assigned to the bishop, one other
Act, 1869), s. 4, it is enacted that no person part for the maintenance of the fabric of
shall, after the 1st of January, 1870, be the church, a third part for the support
arrested or imprisoned for making default and relief of the poor, and the remaining
in payment of a sum of money, with the fourth part for the support of the incum
following exceptions: bent. The bishops having afterwards
( 1. ) Persons making default in the pay received ample endowment from other
ment of a penalty, not being a sources, the tithes were freed of their lia
penalty in respect of any con bility in that respect; and the monasteries
tract ;
by gradually obtaining possession of the
(2.) Persons making default in the pay tithes, by grant or otherwise, retained the
ment of any sum recoverable sum entirety of them to their own use, subject
marily before a justice of the only to maintaining the fabric of the
peace ; church, supporting and relieving the poor,
(3.) Persons being trustees or quasi trus and discharging by themselves or their
tees making default in the pay deputy ( the vicar) the duties of the incum
ment of a sum in their possession bent. In this manner the tithes became
or under their control , after they mostly appropriated to the monastic bodies.
were ordered by a Court of Equity Upon the dissolution of the monasteries
to pay the same; by stat. 27 Hen. 8, c. 28, and 31 Hen . 8,
(4.) Persons being attorneys or solicitors c. 13, all these various appropriations were
making default in the payment of given to the king by clauses contained in
costs ordered to be paid for mis. these statutes ; and the king having since
conduct, or in the payment of a granted out from time to time to his sub
sum of money ordered to be paid jects the tithes so given to himself, there
by them as officers of the Court ; have thence arisen the impropriations, or
(5.) Persons being bankrupts or liqui lay parsonages of the present day.
dating or compounding debtors,
making default in the payment of IMPROVEMENTS : See title MINISTERIAL
any portion of a salary ordered by POWERS.
any Court of Bankruptcy to be IMPUTATION DES PAIEMENS. In
paid ; and French Law , denotes the same as Appro
(6.) Persons making default in the pay priation of Payments in English Law .
ment of sums in respect of the See title APPROPRIATION .
payment of which orders are in
the Debtors Act, 1869, authorized IN ÆQUALI JURE MELIOR EST CON
to be made, being principally a DITIO POSSIDENTIS . The defendant ( pos
debt or the instalment of any debt 8e88or vel possiden8) prevails when the
due from such persons in pur rights of plaintiff and defendant are equal.
suance of any order or judgment Thus, also, when the equities are equal the
of the Court which inflicts the law prevails.
imprisonment ; s. 5. See title EQUITIES EQUAL, LAW FRE
See title DEBTORS Acts, 1869 and 1878. VAILS .
IN AUTRE DROIT. In another's right. INCIDENT - continued .
Thus, when an executor or administrator ties, or one of the necessary characteristics
sues a person for a debt due to the testator of a reversion ( Les Termes de la Ley).
or the intestate, he is said to do so in autre But the word is also used less properly
droit, that is, in right of another, viz., in to denote anything which is connected
the right of the testator or intestate, whom with another thing, even separably. Thus,
he represents. So also a husband, in right in the common phrase, “ costs of and in
of his wife, acquires certain interests in her cidental to any suit or legal proceeding,
estates, both real and personal, and may the world can only be taken as meaning
also in her right sue on the contracts of properly incurred in connection therewith.
his wife made before marriage, and on all Also, the incidents of property may be
obligations coming to her as the merito either inseparable or separable, e.g., the
rious cause of action during the coverture. right of alienation is separable in Equity
INADEQUACY OF CONSIDERATION . although, semble, inseparable at Law, from
a fee simple or fee tail estate in lands, or
In a Court of Equity, is not usually suffi an al solute interest in personal estate .
cient by itself to raise a case of fraud ; but
when coupled with other circumstances of INCIPITUR , ENTRY OF. The phrase
a suspicious character, it becomes a mate entering the incipitur on the roll may be
rial element in making out the fraud. thus explained. When the contending
This view of the matter is that substan parties in an action had come to an issue,
tially adopted in the Sales of Reversions the plaintiff, in strictness, should have
Act, 31 Vict. c. 4. entered the same, together with all the
See title REVERSIONS, SALES OF. pleadings prior thereto, on a roll of parch
ment called the issue -roll ; but this was
INCAPACITY . There are various in seldom done, the commencement of the
capacities in law, and arise either at Com pleadings only being entered thereon , and
mon Law or under the provisions of par the entry ofsuch commencement was termed
ticular statutes. By the Common Law, entering the incipitur ( i.e., the beginning )
incapacity usually depends on intelligence, on the roll ( 1 Arch . Pract. 350 ; Tidd's
and sometimes, of course, on legal or phy Pract.). The entry even of the incipitur
sical inability or some ground of public is now, however, by a recent rule of Court
policy. Under statutes, the incapacity is rendered unnecessary ( see 1 Pl. R. H. T. ,
4 Will . 4) .
sometimes removed or qualified , sometimes See title ISSUE ROLL .
extended .
See title INFANTS, INCAPACITIES OF. INCLOSURE . Provision has been made
by numerous Acts in the present reign,
INCENDIARISM . Under the Malicious following the principal Act, 41 Geo. 3,
Injuries to Property Act, 1861 (24 & 25 c. 109 (General Inclosure Act ), for the in
Vict. c. 97 ), the setting fire to churches, closure, exchange, and improvement of
or church - like buildings (s. 1 ), to houses, commons and other lands, subject to com
coach -houses, out-houses, offices, barns, monable rights and incidents in England
store-houses, and the like, with intent to and Wales. A board of commissioners is
injure (s. 3 ), to public buildings (s. 5), or to constituted by the Act 14 & 15 Vict. c. 53,
any other building ( s. 6), or to goods in and their continuance in office is regulated
any building (s. 7 ), isa felony and punish by the Act 25 & 26 Vict. c. 73. The usual
able accordingly. It is the felony of method of procedure is for the commis
arson ; and when arson is wide-spread , and sioners to make an order for allotment,
a general feeling of alarm is created which, in the first instance, is provisional
thereby, the felony is conimonly called only, but which is afterwards made absolute
incendiarism . by statute upon a certificate to Parliament
See title ARSON.
that a proper valuation and adjustment of
INCIDENT. This phrase is properly the rights of all parties Chancery
affected hashasbeen
made . The Court of no
used to denote anything which is insepa power, in general, to restrain the commis
rably belonging to, connected with , or in sioners (Harris v. Jose, L. R. 1 Eq . 3t).
herent in , another thing which is called See titles Common, Right OF ; WASTE
the principal . Thus, a Court Baron is in LANDS, &c.
cident to a manor, and also inseparably
incident, so much so that it cannot be INCOME, ACCUMULATION OF : See
severed from it by grant ; for a Court is an title ACCUMULATION .
essential ingredient in every manor, with INCOME or CAPITAL : See title CAPITAL
out which it will cease to be a manor.
OR INCOME.
Again, rent is said to be incident to a re
version ; i.e. , one of the inseparable quali INCOME TAX . The first instance of
INCOME TAX - continued . INCORPORATION — continued .
any tax resembling that upon income or limited by shares, and shall in all other
personal property is, that of the Saladin cases be delivered to the registrar. If the
tithe granted in 1188 to Henry II.; and the
second is that of Rich. I. in 1193 for the company be limited by guarantee, or un
limited , these articles must state the num
ransom of that king (see title Taxation, ber of the shares where the capital is
HISTORY OF). But the income tax in its divided into shares, and the proposed
present shape dates from the year 1812, number of the members where the capital
having been imposed by the stat. 5 & 6 is not so divided. The registrar retains
Vict. c. 35 ; and ever since the tax bas
been continuel, only the rate in the pound and registers the memorandum and articles
thus delivered to him, and certifies under
having varied. Residence within the his hand that the company is incorporated ,
kingdom appears to be the criterion which and in the case of a limited company that
determines the liability of a person to pay
income tax, just as in the case of the pro it is limited, whereupon the subscribers of
perty tax the situation of the property the memorandum, together with such per
determines the liability . And when a cor sons as may from time to time become
poration engaged in mining operations members of the company, are constituted
abroad has a registered office in England , a body corporate with perpetual succession,
it is liable to the income tax ( Cesena a common seal, and power to hold lands ;
and this certificate is conclusive evidence
Sulphur Co. v. Nicholson, 1 Exch . Div. that the statutory requirements with re
428).
See title PROPERTY Tax . spect to registration have been complied
with .
INCOMPETENCY OF WITNESSES : See
title COMPETENCY OF WITNESSES. INCORPOREAL HEREDITAMENTS .
These comprise the following varieties of
INCONSISTENCY. In the case of two hereditaments :
inconsistent clauses in a deed , the first ( A. ) Incorporeal hereditaments simply
prevails ; and in a will , the last; but before so called ; and
this interpretition is resorted to, the re ( B. ) Purely incorporeal hereditaments .
conciliation of the clauses must be hope ( A.) Incorporeal hereditaments, simply
lessly impossible, because otherwise they so called, comprise the following varieties
must be read together as modifying each of hereditaments ;
other. Inconsistency is a great fault in ( 1.) Reversions ;
pleadings, and renders saine demurrable ; ( 2. ) Remainders , which again are either
but by leave of the Court, amendments ( a. ) Vested remainders ; or
may be made that are inconsistent with (b.) Contingent remainders ; and
previous pleadings, the ultinate pleading (3. ) Executory interests.
being, however, consistent in se . Alter The definitions of these varieties of in
native relief may be claimed , but not when corporeal hereditaments are the following :
there is an inconsistency between the two ( 1. ) A reversion is that portion of the
alternatives, or where either relief is incon. tenant's original estate which remains un
sistent with the case . disposed of after he has granted a parti
See title Conditions, REPUGNANT. cular estate , or particular estates, out ofit.
INCORPORATION . A company or asso (2. ) A remainder is that part of the
ciation of persons may be incorporated by grantor's own original estate which remains
in him after he has granted thereout one or
Act of Parliament, or by charter, or by more particular estate or estates, and which
letters patents of the Crown. The oldest he afterwards by the same instrument
incorporated companies were constituted whereby he creates the particular estate or
by charter or letters patent. In modern estates which precedle it grants out also,
times, companies established for a public so as to take effect (if at all ) subsequently
object, e g. , gus and water companies, rail. to and upon the determination of the last
way and canal companies, and such like, mentioned particular estate or estates. And
are usually incorporated by special Act of such a remainder is either
Parliiment. On the other hand, at the
(a. ) A vested remainder, if (be it ever
present day, joint stock companies are so small) it is always ready from its
usually established under the Companies creation to its close to come into pos
Acts, 1862, 1867, the memorandum of asso session the moment the prior estate or
ciation (see title MEMORANDUM OF ASSOCIA estates (be they what they may ) happen to
TION ) being registered with the registrar determine ; or
of joint stock companies ; and with the (6.) A contingent remainder, if ( be it
memorandum articles of association ( see what it may ) it is not always ready from
title ARTICLES OF Association ) signed by its creation to its close to come into
ench member may in the case of a company possession the moment the prior estate or
INCORPOREAL HEREDITAMENTS INCORPOREAL HEREDITAMENTS

continued . continued.
estates (be they what they may ) happen to death of such grantor or settlor
determine. (in the case of a deed ), or of the
( 3. ) An executory interest is a future devisor or testator ( in the case of
estate which in its own nature is indestruc a will ) ;
tible, and which arises when its time comes (cc .) For the minority of any person
of its own inherent strength , not waiting living or in ventre sa mère at the
for, or depending on , the determination of death of the grantor or testu
the prior estate or estates (as the remainder tor ; or
does ), but, on the contrary, putting an end ( dd .) For the minority only of any per
to any prior estate or estates which may at son who under the deed or will
the time be subsisting. would for the time being, if of
There are certain rules which regulate full age, be entitled to the in
the creation of contingent remainders and come so directed to be accumu
executory interests respectively. lated (39 & 40 Geo. 3, c. 98, com
Firstly, the rules which regulate the monly called the Thellusson Act)
creation of the contingent remainder are See title ACCUMULATIONS.
the following : (B.) Purely incorporeal hereditaments
(a. ) The se isin , or feudal possession, must comprise the following varieties :
never be without an owner; in other words, ( a .) Appendant incorporeal heredita
every contingent remainder of an estate of ments ;
freehold must have a particular estate of (6.) Appurtenant incorporeal heredita
freehold to support it ; and as a corollary ments ; and
to this first rule, there is also the following (c.) Incorporeal hereditaments in gross.
rule, viz. , every contingent remainder must Firstly, (a . ) Appendant incorporeal
vest, i.e., become transmuted into a vested hereditaments are such hereditaments of
remainder or actual estate, during the con an incorporeal character as are necessarily,
tinuance of the particular estate which and have therefore from the earliest of
supports it, or eo instanti that such parti times, been attached to some corporeal
cular estate determines ; but under the hereditament, and never have been sepa
stat . 40 & 41 Vict. c . 33, a contingent re rated therefrom . They comprise the follow
mainder so created as to comply with the ing three varieties, viz. :
rules nextly stated for the creation of an ( 1.) A seigniory appendant ;
executory interest, if it fail to vest under (2.) A right of common appendant; and
this present rule, has a further chance of ( 3.) An advowson appendant.
vesting as an executory interest. Secondly, ( b.) Appurtenant incorporeal
(b. ) An estate cannot be given to an un hereditaments are such hereditaments of
born person for lite, followed by an estate an incorporeal character as were not neces
to the child of such unborn person . sarily or originally attached to some corpo
Secondly, the rules which regulate the real hereditament, but have been attached
creation of the executory interest are the thereto either by some express deed of
following : - grant, or by prescription , which presumes a
(a. ) An executory interest (not being grant. Thus a right in the copyholders of
subsequent to an estate tail ) must be made manor A. to have common in the waste of
to commence (if at all) within the period manor B. would be an appurtenant right,
of any fixed number of lives existing atthe while their right to have common in the
date of the instrument creating it and an waste of A. is an appendant right.
additional term of twenty -one years, allow Thirdly, (c.) Incorporeal hereditaments
ing further for the period of gestation , in gross are such hereilitaments of an incor .
should gestation actually exist; but if no poreal character as are not attached to any
lives are fixed on , then the term of twenty corporeal hereditament, but stand separate
one years only is allowed . See title PERPE and alone. They comprise the following
TUITIES . six (among other) varieties :
(6.) The income ofreal or personal estate ( 1 ) A seigniory in gross ;
cannot be directed to be accumulated for (2. ) A rent seck ;
any longer term than one or other singly (3. ) A rent-charge;
(but not two or more together) of the fol ( 4.) A right of common in gross ;
lowing periods, so as to be given over with (5. ) An advowson in gross ; and
or without the corpus of the est a (6. ) Tithes ;
grantee, or devisee, or legatee, that is to Many of these incorporeal hereditaments
say , - in gross may have been at one time incor
(aa .) For the life of the grantor or settlor poreal hereditaments either appendant or
( in the case of a decu ) ; appurtenant to some corporeal heredita
( Ul. ) For twenty -one years from the ment, from which in some manner or other
INCORPOREAL HEREDITAMENTS INDEBITATUS COUNT. Is such aa short

continued. claim as this, -For money lent, & c .
they have been separated ; and it is a rule See titles Counts, COMMON ; INDEBI
of law that when an appendant incorpo. TATUS ASSUMPSIT.
real hereditament (e.g. , an advowson ) is INDECENT ASSAULT. These are of
once separated from the corporeal heredita fences under
ment to which it was theretofore attached , INDECENT EXPOSURE, the Criminal
it can never become appendant again , but INDECENT PRINTS . Law, 24 & 25
must always for the future either remain Vict. c. 100,
in gross or become appurtenant by some 8. 52, and other statutes, punishable re
grant, express or presumed . spectively with imprisonment or fine, or
INCREASE, COSTS OF. It had become both , and with or without hard labour.
a practice with the jury to award to the See Greenwood and Martin's Magisterial
successful party in an action the nominal and Police Guide, 1874.
sum of 40s. only for his costs ; and the INDEMNITY. It is usual to insert in
Court assessed by their own officer the settlements and wills a clause of indemnity
actual amount of the successful party's for the protection of the trustees acting in
costs ; and the amount so assessed , over the trusts created thereby. And where (as
and above the nominal sum awarded by not unfrequently happens) the trustees
the jury, was thence called “ costs of in at the urgent request of their cestuis
crease " ( Lush's Pr. 775) . The practice has que trust commit what is technically a
now wholly ceased. breach of trust, but the act is done bonâ
See title Costs. fide, and for a present advantage, it is not
unusual to give, and the trustees have a
INCUMBENT. Is a clerk duly possessed right to demand, from the cestuis que trust
of and resident on a benefice with cure . requiring them so to act, an express deed
It is said there are four things necessary of indemnity. Such deed may either con
to being a complete incumbent. 1st, Pre sist in the mere personal covenant of the
sentation , that is, the patron's free gift or parties, or in such personal covenant,
commendation of the clerk to the benefice together with the setting apart of a fund,
by presenting or offering liim to the called an indemnity fund, to recoup the
bishop ; 2ndly, Admission of the clerk by trustees any outlay which they may have
the bishop by his allowance or approbation to incur or be put unto in consequence of
of him after due examination ; 3rdly , Insti their having so acted . Also, upon the sale
tution of the clerk to the benefice by the of lands where the title is not certainly
bishop; and 4thly, Introduction, whereby clear of some charge or incumbrance, the
the clerk takes actual possession of the purchaser (if willing) may have an indem
benefice, by taking the keys of the church nity fund set apart to meet the event of
door, or by the ringing of a bell or the the charge or incumbrance becoming pay
like. able or demanded .
See title ADVOWSON . See title GUARANTEE.
INDEBITATUS ASSUMPSIT . That INDEMNITY, ACTS OF. Acts of In
species of the action of assumpsit in demnity are such, e.g. , as are passed for the
relief of those who have neglected to take
which the plaintiff first alleged a debt, the necessary oaths, or to perform other
and then a promise in consideration of the
debt ; such promise, however, was not acts required to qualify them for their
usually an express but an implied one, offices and employments. So Acts of In
the law always implying a promise to do demnity, after rebellions, have been passed
that which the party is legally liable to for quieting the minds of the people, and
perform . By the C. L. P. Act, 1852, throwing former offences into oblivion .
8. 49, all statements which need not be Similarly, in 1766, when the Privy Council,
proved, such as the statement of time, quan being driven to do so by an urgent neces
tity , quality, and value, where these were sity , issued certain Orders in Council with
immaterial; the statement of losing, and out having the authority of any Act of
finding, and bailment in actions for goods Parliament so to do, an Act of Indemnity
and their value ; the statement of acts of was passed in the following year for the
trespass having been committed with force protection of all persons concerned in the
of arms and against the peace of our lady issuing or execution of the orders.
the queen ; the statement of promises which INDEMNITY FUND. See title INDEM
NITY .
need not be proved, as promises in indebi
tatus counts , and mutual promises to per INDENTURE. Deels or writings which
form agreements ; and all statements of a are cut or indented at the top or side
like kind , were to be admitted ; and that is are called indentures. They formerly
also the present practice. used to be cut in acute angles ( instur
INDENTURE - continued . INDIA STOCK - continued .
dentium ) like the teeth of a saw , but now bidden so to do ), may invest the trust
they are usually cut, where cut at all , funds on East India stock . The stock has
in a waving line on the top. Formerly, from time to time been created under the
when deeds were more concise than at provisions of the stats. 22 & 23 Vict. c. 39,
present, it was usual to write both parts 23 & 24 Vict. c. 130, 24 & 25 Vict. c. 25,
on the same piece of parchment, with some and particularly 26 & 27 Vict. c. 73, which
word or letters of the alphabet written last-mentioned Act is called “ The India
between them ; through which the parch Stock Certificate Act, 1863,” and provides
ment was cut, either in a straight or that every inscribed proprietor of a share
indented line, in such a manner as to leave in India stock in the Bank of England (or
half the word on one part and half on the of Ireland ) may obtain a certificate or certi
other ; but at length indenting only came ficates of title to the share, having coupons
into use , without cutting through any annexed entitling the bearer thereof to
letters at all ; after which the process of dividends ; but the share inust be in re
indenting came to serve for little other spect of £ 100, or 2500, or £ 1000 of stock ;
purpose than to give name to the species and the certificate is transferable by deli
of the deed , and accordingly, by the stat. 8 & very. The certificate may also at any time
9 Vict. c. 106 , the necessity for indenting be re-exchanged for stock.
was abolished altogether in the case of INDICATIVE EVIDENCE . Is not evi.
ordinary deeds, and by the stat. 24 Vict. dence properly so called, but the mere
c. 9, it was abolished as a requisite in suggestion of evidence proper, which may
deeds conveying lands to charities. possibly be procured if the suggestion is
followed up.
INDIA . The two rival companies there
tofore engaged in the East India trade were INDICTMENT. An indictment is a
consolidated into one company in the year written accusation brought, or (speaking
1708, and incorporated into the East India technically ) laid, against one or more
Conipany (6 Anne, c. 17 ; 3 & 4 Will . 4, persons of a crime or misdemeanor pre
c. 85). The Company eventually become ferred to and presented upon oath by
s vereigns de facto ofthe Indian peninsula. the grand jury. Strictly speaking such
In 1784, a " Board of Control " in England a written accusation is not called an
was constituted to regulate the Company's indictment until the grand jury has heard
Indian Government; and the East Indian the evidence against the accused, and pro
trade was thrown open to every subject of nounced the accusation to be well grounded ,
the Queen, in 1813, and more completely or in other words has found “ a true bill : "
in 1832 (3 & 4 Will . 4, c . 85), in which and in this case the indictment is said to
last- mentioned year the sovereignty also of be found, and the party is said to stand
the English Crown over the Company was indicted . The person who indicts another
distinctly formulated, and a “ Governor man of an offence is sometimes termed the
General ” was established , and a board of indictor, and he who is indicted the indic
councillors assigned to him for his direc tee. Hawk. P. C.
tion, with full legislative powers subject See titles CRIMINAL INFORMATION ;
only to the control of the Imperial Parlia CRIMINAL LAW .
ment. In 1858, after and in consequence INDORSEMENT. Any writing on the
of the Sepoy rebellion of 1857-1858, the back of a deed or other instrument is an
powers and rights of the East India Com
pany were transferred to the Queen (21 & 22 indorsement; thus the receipt for conside
ration money on the back of a deed is an
Vict. c. 106), and the Board of Control was indorsement ; so is the attestation clause
abolished together with the Court of Direc when written on the back of a deed . So
tors and the Court of Proprietors of the also in the negotiating of bills of exchange,
company, and a principal secretary (called he who writes his name on the back of a
the Secretary of State for India ) was ap bill is termed the indorser, and he in whose
pointed to represent the Crown in England, favour it is indorsed, the indorsee.
an Indian council being assigned to him
for his assistance ; and this transfer to the An indorsement upon a bill of exchange
is of two kinds, viz., either ( 1.) in blank,
Crown has recently been denoted by the or, (2.) special. An indorsement in blank
Queen's assumption, under the stat. 39 (which is much the more usual of the two)
Vict. c. 10, and by royal proclamation, of is where the indorsing person merely writes
the title of Empress of India , in addition his name across the back ; an indorsement
to her other titles.
special is where he prefixes to his own sig.
INDIA STOCK . Under the provisions of nature on the back the name of a third per
the stat. 22 & 23 Vict. c. 35, and the stat. son expressed as his payee. The effects of
30 & 31 Vict. c. 132, trusters, executors, the two indorsements are different, an in .
and administrators (wless expressly for dorsement in blank rendering a bill or note
INDORSEMENT - continued. INDUCEMENT- continued .

payable to bearer generally. while a special under the C. L P. Act, 1852, s. 52. If the
indorsement limits the payment to the inducement contained any allegation that
special payee or to his order. was material to the action, it might of
INDORSEMENT OF CLAIM . Is the course in such a case be traversed. Under
indorsement upon the writ of summons the present practice, there is an induce
with which an action is commenced The ment in effect, although not in name, in
indorsement shews the nature of the claim almost every statement of claim , but every
made ; but it is not essential (although, of such inducement being material is now
course , it is desirable ) to specify very pre traversable, and if immaterial may be
struck out.
cisely the nature of the claim ; and the
indorsement may, if necessary , be amended, See titles DECLARATION ; STATEMENT
OF CLAIM.
but only by leave of the Court (Order 111., 2 ;
XXVII., 11 ). The claim should expressly INDUCTION. The giving the clerk or
ask an account, in all ordinary actions parson corporal possession of the church ;
involving the taking of accounts as a and it is generally effected by taking hold
matter of course (Order II ., 8). When of the ring of the door, tolling the bell,
possible, the indorsementshould be special, &c. It is the investiture of the temporal
that is, should specify the items of the debt part of the benefice, as institution is of the
or liquidated demand claimed, where that is spiritual (Co. Litt. 300).
so (Order 111., 6). See title INSTITUTION .
See title INDORSEMENTS UPON WRIT. INDUSTRIAL AND PROVIDENT 80
INDORSEMENTS UPON WRIT. Be CIETIES. Are now regulated exclusively
sides the indorsement of claim , the nature by the stat. 39 & 40 Vict. c . 45 ( the Indus
of which is stated under that title, the trial and Provident Societies Act, 1876).
writ contains the following other indorse These societies are societies for carrying on
ments, that is to say, an indorsement of the any labour, trade, or handicraft, whether
representative capacity of the plaintiff or wholesale or retail, including the buying
defendant, if either sues or is sued in thit and selling of land (but as to the business
capacity ( Order 111., 4 ) ; an indorsement of of banking subject to the restrictions con
the name and address of the solicitor of tained in the Act ), in which no member
has or claims an interest in the funds ex
the plaintiff, or ( if the plaintiff sues in
person ) of the plaintiff himself. ceeding £ 200 sterling. Any such society ,
if it consist of seven persons at the least,
INDUCEMENT. That portion of a may be registered in accordance with the
declaration or of any subsequent pleading Act, with the word “ limited ” annexed to
in an action, which was brought forward its name, its rules being sent to the Re
by way of explanatory introduction to the gistrar of Friendly Societies. The effect
main allegations. Thus in a declaration of the registration is to incorporate the
for libel, all that introductory part which society, and thereafter it may contract
stated “ that whereas the plaintiff was a
good, true, bonest, just, and faithful sub (speaking roughly) like any joint stock
company ; and the society may in fact con
ject of the realm , and as such bad always stitute itself into a company. It may also
conducted and behaved himself , &c. , & c .,"
was the inducement, and the matter thus be wound up under the Companies Act ,
1862 .
brought forward was thence termed " matter See title FRIENDLY SOCIETIES.
of inducement; " and in general, not being
a material or essential part of the plead INDUSTRIAL AND REFORM SCHOOLS .
ing, it could not be traversed. It commonly Children may be sent to such schools, to
happened that in declarations on contract be therein detained , by order of justices,
there was no inducement, as the declaration and sometimes upon the request of the
in such cases began by alleging the con parents of the children or of the board of
tract ; on the other hand, in actions for guardians; and the school boards may
also in certain cases enforce the attendance
wrongs independent of contract, i e. , on of children at such schools . The children
torts, all that part of the declaration which need not be actually criminal (29 & 30
precedeil in logical order the statement of Vict. c. 118, 39 & 40 Vict. c. 79).
the act which was complained of as wrong
ful, comprising the allegation of the right, IN ESSE . In being, in existence, as
or of the circumstances of the riglit, was opposed to in posse , signifying something
commonly known as the inducement In that may possibly be or exist at some
actions of trespass for assault and battery future time (Co. Litt .).
and for false imprisonment there was no INFANTS, AGES OF. Full age is in
inducement. Inducements which were cal general fixed at twenty-one years. For
culated to prejudice or embarrass the certain purposes, however, it arrives much
defendant might have been struck out earlier. Thus, in criminal cases, a person
T
INFANTS, AGES OF - coniinued . INFANTS, INCAPACITIES OF- contid.

of the age of fourteen years may be capi- ex ri termini, not confirmable by them
tally punished, but unler the age of seven upon their attaining full age, e.g., generally
he cannot. The intermediate period, be- such contracts as cannot possibly be for
tween seven and fourteen, is subject to their benefit, such as a bond in a penal
much uncertainty, for the infant between sum. And now under the Infants' Relief
seven and fourteen shall be judged primâ Act, 1874 ( 37 & 38 Vict. c. 62), the con
facie innocent; yet, if he was doli capas, tracts of infants which were heretofore
and could discern between good and evil, voidable only , are rendered absolutely void ,
he may be convicted even of a capital and as a consequence are not confirmable
offence (other than rape ) . A male at by them upon their becoming adults, -—an
twelve years of age may take the oath of enactmentwhich has been held to apply to
allegiance ; at fourteen is so far at the years all contracts whatsoever entered into by an
of discretion that he may enter into a infant for non -necessaries ( Co.chead v.
binding contract of marriage ; and at Mullis, 3 C. P. D. 439 ). It is not compe
twenty -one he is at his own dispos:al, may tent for a plaintiff to treat a breach of
aliene his land, and generally perform all contract as a tort, for the purpose of suing
the duties and enjoy all the privileges the infant on it ( Jennings v. Randall,
attaching to a citizen. A female also is at 8 T.R. 535 ).
maturity at twelve years of age, and may INFANTS, JURISDICTION OVER . The
therefore at that age enter into aa binding origin of this jurisdiction is in the Crown
contract of marriage ; and at twenty -one
she may dispose of all her property. as parens putrix, whereby the Crown is
The full age of twenty one years is com laid under certain duties towards children,
pleted on the day preceding the anniver and the discharge of which duties the
sary of a person's birth ; and as, in the Crown anciently committed to the Lord
computation of time, the law in general Chancellor sitting in Chancery, and the juris
allows no fraction of a day, it follows that diction las consequently since remained in
if an infant is born on the 1st of January, the Court of Chancery, although the other
he is of an age to do any legal act on the Courts have acquired jurisdiction in the
morning of the last day of December, matter, all the Court divisions being now
though he may have lived nearly forty only one Court, under the Judicature Acts,
eight hours (or two days) short of the 1873-75. An appeal lies to the House of
twenty -one years. Lords and not to the Privy Council .
An infant is said to become a ward of
See titles AGE ; Day.
Court so soon as an action is commenced
INFANTS, INCAPACITIES OF. An in relative to his estate, or summons
an order without
for his
fant may be liable both for tort ( Lempriere maintenance is made on
v. Lange, 12 Ch. Div. 675 ), and in crime; suit ( In re Graham , L. R. 10 Eq. 530 ). It
but with reference to his liability on con is not necessary that the infant should
tract, the law may be stated as follows : have any property in order to found the
(a.) In the case of contracts for necessaries,
jurisdiction, although without some pro
he is fully liable for these ; and as to what p rty the jurisdiction cannot be either
are necessaries, see that title ; (6.) In the
case of contracts for non -nece - saries, the
conveniently or profitably exercised (Wel
general rule of law is that infants bind lesley v. Beaufort, 2 Russ. 21).
The control of the Court over infants
others, but are not bound themselves extends to their maintenance, education ,
(obligant, sed non obligantur). This ge and marriage ; and the Court visits any
nerul rule is, however, or at least was, disregard of its authority in these matters
subject to another one, viz., that every
contract is or was primâ facie presumed to with the punishment of imprisonment for
contempt.
be for the infant's benefit, and until the See title GUARDIANS.
contrary is or was shewn, and he chooses
or chose upon attaining his majority to INFANTS' MARRIAGE SETTLEMENT
disa flirm it, the law will or would hold him ACT. This is the stat. 18 & 19 Vict. c . 43,
to it, the contract of an infant in such under which an infant male (not under
cases being or having been voidable only, twenty years ) or an infant female (not
and not absolutely void . In case an infant, under seventeen years ) may with the
upon becoming an adult, chose to promise sanction of the Court of Chancery, to be
to pay a debt incurred during his or her obtained on petition, make a valid and
infancy, he or she must have put the pro- binding settlement of his or her property
mise in writing, and have personally signed upon the occasion of his or her marriage.
the same, under Lord Tenterden's Act Except as regards estates tail and powers of
(9 Geo . 4, c. 14 ). There are, however, appointment, such a settlement will hold
some contracts entered into by infauts good, even though the infant settlor should
which are absolutely void, and therefore die under the age of twenty-one years.
INFANTS' RELIEF ACT, 1874 : See title INFORMATION- continued .

INFANTS, INCAPACITIES OF. such officers for bribery or for corrupt or
INFECTIOUS DISEASES : See title Con oppressive conduct, and the like (see
title CRIMINAL INFORMATION ). There
TAGIOUS DISEASES.
are also informations regarding matters of
INFERIOR COURTS. All Courts of a a civil naturu but affecting the public also,
less dignity than the High Court of Justice e.g. , in the case of a nuisance primarily
are called by this general description ; e g ., affecting an individual person, but also
County Courts, Petty Sessions, Quarter generally affecting the public in an appre
Sessions, and even the Lord Mayor's Court, ciable degree ( Attorney -General v. Great
but not the Court of the County Pulatine Eastern Ry. Co. 11 Ch . Div. 449).
of Lancaster. All appeals from interior See titles CHARITABLE INFORMATION ;
Courts are to a Divisional Court of the CRIMINAL INFORMATION.
High Court ( Judicature Act, 1875, s. 45 ; INFORMER : See titles INFORMATION ;
Order LVII. a, 1.)
Qui Tan ACTIONS.
IN FICTIONE JURIS SEMPER ÆQUI. INGENUUS . In Roman Law, was a
TAS. In law , whenever a fiction is re
sorted to, it is justified upon some ground person who immediately that he was born
of equity or principle of extending the was a free person. He was opposed to
jurisdiction to cases that ght to fall within libertinus or libertus, who having been born
a slave was afterwards manumitted or mado
it. It frequently consists in assuming com free. It is not the same as the English
pliance with some technical formality when law term generosus, which denoted a person
compliance with it is impossible, and it is not merely free but of gool family. There
right that the plaintiff should not be were no distinctions among ingenui ; but
thereby damnified.
See title FICTIONS, among libertini there were (prior to Justi
nian's abolition of the distinctions) three
IN FORMÂ PAUPERIS : See title ForMÂ varieties, namely, those of the highest rank
PAUPERIS. (called Cives Romani), those of the second
INFORMATION. Informations are ac
rank (called Latini Juniani ), and those of
the lowest rank ( called Dediticii ).
cusations for criminal offences, and are of
two principal kinds : INGRATITUDE . In Roman Law was,
Firstly, in the name of the king only , and in French Law is, but in English Law
and these are filed in the Court of King's is not, a sufficient cause for revoking a
Bench for the punishment of offences donation or gift of property or of liberty .
affecting the safety of the Crown, or the IN GROSS. At large ; independent of ;
interests of the public ; and when affecting not annexed to, or dependent upon , any.
the king, his ministers, or the state , are thing. The phrase " easemeuts in gross
filed ex officio, by his immediate officer, was used to designate rights of way and
the Attorney -General, but when more par the like, enjoyed by an individual or indi
ticularly affecting individual rights, are viduals as such , and not as being owner or
filed by the king's coroner, or master of owners of some adjoining land. But such
the crown office .
SECONDLY, in the pame of the king and rights are now called licences only, and not
easements. Also powers in gross are those
a subject, or in the nime of a subject only, powers (not being simply collateral) which
these latter being commonly called infor
are not appendant or annexed to any
mations qui tam, from those words qui tam estate .
pro domino rege quam pro se ipso, &c., and See titles EASEMENTS ; INCORPOREAL
being usually brought before justices of HEREDITAMENTS ; LICENCES ; & c.
the peace, upon penal statutes, which inflict
a penalty upon conviction of the offender, INHABITANTS : See titles HUNDREDORS ;
one part thereof going to the king, and the Poor RaTE ; &c.
other part thereof to the informer. INHABITED HOUSE DUTY : See title
The proper matters for informations ex Horse-Tax.
oficio are such misdemeanors as peculiarly INHERENT AND COLLATERAL COVE
tend to disturb or endanger the king's go
vernment, or to molest or affront him in NANTS : See title COVENANTS.
the regular discharge of his royal functions, INHERITANCE. Such an estate in
e.g., seditious libels and riots not amount lands or tenements, as may be inherited by
ing to high treason, libels upon the king's the heir, and it is divided into inheritance
ministers, his judges, &c., reflecting upon corporate and inheritance incorporate :; the
their conduct in the execution of their former consisting of messuages, lands, and
official duties, obstructing such officers in other substantial or corporeal things; the
the execution of their duties, offences by latter consisting of advowsons, ways, com
T 2
INHERITANCE - continued . INJUNCTION - continued .
mons, and such like, that are or may be assets have been lost without his act or
appendant or appurtenant to inheritances default ; or where a creditor vexatiously
corporate ( Les Termes de la Ley). sues an executor at law, after a decree has
INHIBITION . A writ to inhibitor been obtained upon a creditor's bill for
administration of assets in Equity ( Perry
forbid a judge from proceeding further in v. Phelips, 10 Ves. 38). See title STAY OF
the cause depending before him . It is PROCEEDINGS.
nearly the same thing with Prohibition The latter group of cases in which
at Common Law and Injunction in Equity. Equity would restrain by injunction com
Under the stat. 37 & 38 Vict. c. 85, being prised such cases as the following :
the Public Worship Regulation Act, 1874, ( 1. ) Where the case was one for specific
an inbibition or monition may issue from performance, and an injunction (which is
the Court thereby established or re the negative side of that remedy) was the
modelled for the effectual procuring the only available means of enforcing it ( Lum
discontinuance of any offence against that ley v. Wagner, 1 De G. M. & G.616 ) ;
Act, after the offender has been adjudged ( 2 ) In cases of waste, where either from
guilty thereof, and nevertheless continues the nature of the waste or from the titles
the Act (Martin v. Mackonochie, 3 Q. B. of the parties, no writ of waste could be
Div. 730 ; 4 Q. B. Div. 697 ). had at Law ( Downshire ( Marquis) v. Sandys,
IN JUDICIO . In Roman Law, meant 6 Ves. 109 ; Garth v. Cotton, 1 Ves. Sen.
in presence of the judex , and was opposed 524 ) ;
to the phrase in jure, which meant in pre (3. ) Nuisances, whether of a public or
sence of the magistrate ( e.g., the prator) of a private nature ; and
The distinction between the phrases in jure (4.) Infringements of patent, copyright,
and in judicio was abolished after Diocle and trade -marks.
tian's introduction of the extraordinarium And under the stat . 21 & 22 Vict. c. 27
judicium and his abolition of the formulary ( Lord Cairns' Act), the Court may award
procedure, -- the reason being that under damages either in addition to or in lieu of
the new procedure the magistrate combined an injunction in a proper case ( Soames v.
in himself the functions both of magistrate Edge, Johns. 669), a provision which has
and of judge, like a Vice -Chancellor in certainly not been abridged , but may have
English equity. been extended by the Judicature Acts,
See titles EXTRAORDINARIUM JUDICIUM ; 1873-75.
FORMULÆ . IN JURE : See title IN JUDICIO.
INJUNCTION . This is a writ remedial IN JURE CESSIO . In Roman Law , was
which formerly issued almost exclusively a species of conveyance according to the
out of the Court of Chancery restraining old strict civil law ; it took place before a
the commission by the defendant of some magistrate (in jure ); it was effected by
act which he was threatening to commit, or the intended alienee laying claim to the
restraining him in the continuance thereof ; thing in the presence of the intending
but under the C. L. P. Act,1854 , and now alienor, and by the intending alienor si
more completely under the Judicature lently letting the ownership pass to the
Act, 1873, every Court may issue injunc- alienee, that is, solemnly surrendering it
tions of all kinds. (cessio ).
Injunctions have hitherto been issued INJURIA .-- Has been defined as every
chiefly in restraint of two classes of acts,
viz . : thing done without a right to do it (omne
( 1.) The institution or continuance of quod non jure fit).
legal proceedings ; and INJURIA CUM DAMNO. Is a wrong
(2.) The commission of acts in pais, of a done, and which is accompanied with
wrongful nature. damage. Usually all torts comprise both
The former of these two groups of cases these two elements, and are classified under
will no longer be restrained by the Courts this heading as injuriæ cum damno. But
of Equity, but may be stayed by all the there is a considerable group of torts in
Courts equally, and probably upon the like which the mere injuria or wrong suffices
grounds with those upon which hitherto to support an action, without either alleging
Courts of Equity have been induced to or proving that the wrong has been accom
act, viz.,--cases where the plaintiff had a panied with or has produced damage, and
legal right, which it was inequitable that this latter group of torts is designated by
he should exercise at law , e.g., upon a bond the phrase injuria sine damno. Whenever
or other security obtained by fraud or un- the damnum is a constituent part of the
due influence (Tyler v. Yates, L. R. 11 action , that damage must be both alleged
Eq. 265) ; or against an executor whose and proved , as in cases of injuria cum
INJURIA CUM DAMNO - continued . INNKEEPER : See title INN.

damno ; and even in the case of a tort INNKEEPER'S LIEN . Is the lien which
which is injuria sine damno, special da an innkeeper has upon the goods of his
mages may (and if it is desired to recover guest in the inn for the expenses of his
them should ) be both alleged and proved. entertainment as a guest and for the cus
INJURIA SINE DAMNO : See title IN tody of his luggage and belongings. Under
JURIA CUM DAMNO . the stat. 41 & 42 Vict. c. 38, an innkeeper
may after six weeks' notice realise his lien
INLAND BILLS OF EXCHANGE. Bills by sale of the goods.
of exchange are so called when the drawer
and drawee are both resident within the
INNOCENCE , PRESUMPTION OF. Is a
kingdom where drawn ( Bayley on Bills presumption in criminal law , and which
of Exchange ). If the bill is either drawn presumption is drawn by the Common Law
in favour of accused persons. The Crown
abrond or made payable abroad, it is a in prosecuting presumes the guilt, but the
foreign bill and not an inland one. jury (as expressing the Common Law ) pre
See titles BILLS OF EXCHANGE; FOREIGN sume the innocence until the guilt is
BILL .
proved. The presumption may be shifted
INLAND REVENUE. In the year 1849 by statute, at least as regards offences of
50, by the stat. 12 & 13 Vict. c. 1 , the the smaller character, such as misdea
meanors.
boards theretofore existing of excise, and of
stamps, and of taxes, were consolidated INNOCENT CONVEYANCES . As op
into one board under the style of the Com posed to tortious conveyances, are those
missioners of Inland Revenue, with the which convey only that amount of estate
respective powers of the three former which the conveying party has in him to
boards; and as the principal officers of the grant, and subject to all such conditions
board, a receiver-general and an account. and provisions as the estate is subject to
ant and controller-general were appointed . in his hands. Generally, all conveyances
See titles CusTOMS ; ExcisE ; REVENUE; at the present day are innocent.
STAMP DUTIES ; Taxation, Varie See title TORTIOUS CONVEYANCE .
TIES OF
INNOCENT PARTIES, TWO. It is a
IN LOCO PARENTIS. In the position rule of Equity and now also of Law ( Bab
of parent or father to a child, with reference cock v. Lawson, 4 Q. B. Div . 394), that in
to providing for the child's pecuniary neces the case of two innocent persons , one or
sities ( Powys v. Mansfield, 6 Sim . 514 ; other of whom must suffer from a fraud
3 My. & Cr.359). Such a person may even committed on them, that one of them shall
appoint a guardian to the child in the life suffer whose want of care left open the door
time of its proper parent ; and the equit for the commission of the fraud .
able doctrine of satisfaction applies equally INNOMINATE CONTRACTS. Literally
to him as to the proper parent.
are the “ unclassified ” contracts of Roman
INN . A house where the traveller is Law ; they are contracts which are neither
furnished with everything he has occasion re, verbis, literis, nor consensu simply, but
for while on his way ( Thomson v. Lacy, some mixture of or variation upon two or
3 B. & A. 283 ). one of such contracts. They are princi
A mere coffee -house, or boarding or pally the contracis of permutatio, de asti
lodging-house, is not an inn. Upon the mato, precarium , and transactio.
keeper of an inn the law throws a peculiar INNS OF CHANCERY. Such societies
responsibility in guarding the goods of bis as Clement's Inn, Symond's Inn, &c., were
guests; and if the goods are lost, unless it so called .
be through the gross negligence of the
owner, the innkeeper shall be liable ; but INNS OF COURT. The societies of the
his liability is limited to goods in the Middle Temple, Inner Temple , Lincolu's
house ( infra hospitium) and to the goods of Inn, and Gray's Inn, are so called because
regular guests, a resident boarder or lodger the students of the several Inns dine
not being such a guest (1 Smith, L. C. 50 ; periodically therein and also study the law
Calye's Case, 8 Coke, 32 ; 2 Stephen's Bl. to fit them for practising in the Courts.
133 ; Cro. Jac. 224 ). However stat, These Inns are said to have formed one of
26 & 27 Vict. c. 41 ), goods exceeding 301. the most famous universities in the world
in value must be declared to him, otherwise for the study of law ; the degrees which
he is not liable beyond that amount for they conferred were those of barristers,
their loss, unless where the loss is through who answered to bachelors at the univer
the felony of his own servants. sities, as the degree of a serjeant (servientis
See title IxNKEEPER's LIEN. ad legem ) answered to that of doctor. Tho
INNS OF COURT - continued . IN PERSONAM - continued .
studies at these Inns are now under the ties, is yet included in the class of judg
control of the Council of Legal Education, ments in rem, for it decides the permanent
who have endeavoured to re-invigorate status of those concerning whom it was
them by appointing well -paid professors instituted.
and tutors, and by holding out to students Besides being used to denote the diver
rewards for excellence in the various bran- sity in the effect of a judgment according
ches of legal study, and particularly in as it is in rem or in personam as distin
Roman Law and Jurisprudence, and by guished above, the phrases in personam and
making a certain standard of excellence in rem are also used to denote tlie compass
compulsory upon all students seeking ad- or extent of rights ; thus a jus in rem bas
mission to the degree of barrister. been , and commonly is, defined as a right
availing against the world at large ( facultas
INNUENDO. That part of the declara personæ competens sine respectu ad certum
tion in actions of libel and slander which
explained the meaning or pointed the personam ); and on the other band, a jus
application of the libellous or slanderous in personam as a right availing aguinst
some one individual in particular ( facultas
matter complained of was so called. An personæ competens cum respectu ad certam
innuendo is frequently necessary where the personam ). But this distinction has re
language of the defendant is apparently
innocent and inoffensive, but where, never ference only to the proximate diversitii's,
theless, by virtue of its cunnection with for a jus in personam also ava Is remotely
known collateral circumstances , it conveys against all the world ( Austin's Jurispru
a latent and injurious imputation . So dince).
where, from the ambiguity of the defen- INQUEST. An inquiry by a jury duly
dant's expressions, it is doubtful who was impanelled by the sheriff into any cause ,
meant, it is the proper office of the innuendo civil or criminal. The term “ inquest” is
to render the allusion clear, by spec fically sometimes used to signify the jury itself
pointing out the meaning, as e.g., where before whom the question is brouglit.
but one or two letters of the name are
expressed, or the plaintiff is libelled under INQUIRY, WRIT OF. A writ directed
a fictitious or borrowed name, or where the to tlie sheriff, commanding him to summon
libel is couched under a fable or allegory, a jury, and to inquire into the amount of
whose tendency and meaning it is necessary damages due from the defendunt to the
to explain by reference. plaintiff in a given action. The necessity
See titles LIBEL ; SLANDER. for this writ, and the inquiry under it,
occurs in certain cases when the defendant
INOFFICIOSUM TESTAMENTUM . In has suffered judgment to pass against him
Roman Law, was the “ unduteous " will , by default or nil dicit, by confession , or
that is to say , a will made without due cognovit actionem, &c . , in an action, the
regard to the claimsof the nearest relations, damages in which are not ascertained or
e.g., where a father gave nothing to his son, ascertainable by mere calculation .
or a brother to his sister, and such like. In such cases it becomes absolutely
To prevent the complaint on this ground necessary that the quantum of damages
(querela de inofficiosotestamento) these rela- should be assessed by a jury, as in a trial
tions must have got one equal fourth part at Nisi Prius ; and after their verdict the
of the estate among them ; and this fourth sheriff returns the inquisition , which is
was called the Quarta Legitima. entered on the roll in the manner of a
IN PARIBUS MATERIEBUS, & c. : See postea. However, under the present pro
title PARIBUS, IN , MATERIEBUS, &c. cedure, the damages may in nearly every
IN PERSONAM . Against or upon a case be assessed or ascertained either by a
Master in the Common Law Divisions, or by
person , as distinguished from in rem , against the Chief Clerk in the Chancery Division ,
or upon a thing, e.g., a judgment in personam excepting only in the cases of libel, slander,
is commonly contrasted with a judgment compensation for breach of promise, or for
in rem . Almost all judgments in actions
are in personam , i.e., binding him only and a railway accident, and such like ; in these
latter cases a writ of inquiry would still
his representatives and privies. A judg. be necessary, whenever judgment wils ob
ment in rem is an adjudication pronounced tained without finding at the same time
upon the status of some particular subject the amount of the damages.
matter, as for instance, the sentence of the See title ASSESSMENT OF DAMAGES .
Court of Admiralty condemuing a vessel INQUISITION OF OFFICE . Is an offi
or prize, or of the Court of Probate and
Divorce establishing or nullifying a mar- cial inquiry directed by the Crown in cer
riaye ; which latter case, although clearly tain cases, as a preliminary step to the
affecting the personal position of the par- seizure of property, when that can only
INQUISITION OF OFFICE — continued . INSOLVENCY - continued .
be done after “ inquest of office, " or after petitioned for his discharge, having first
“ office found .” made a bonâ fide surrender of all his pro
See title OFFICE, INQUEST OF. perty to his creditors. He was then let
INQUISITORS. These (who were called out of prison upon terms, the principal of
also ministri), were slieriffs, coroners super those terms being that he should execute a
visum corporis, or the like, empowered to warrant of attorney authorizing the credi
inquire into certain matters or occurrences , tors' assignee to enter up judgment for the
unsatisfied debts ; and subsequently exe
IN REM : See title IN PERSONAM . cution might by leave of the Court, issue
INROLMENT. The transcribing a deed on such judgment against the subsequently
on to a roll of parchment, according to cer acquire i property of the debtor.
tain forms and regulations, is termed in See titles BANKRUPTCY ; IMPRIZON
rolling a deed . It is a common practice MENT FOR DEBT.
to inrol deels for safe custody ; that is, to INSPECTION OF DOCUMENTS : See
get them transcribed upon the records of title DISCOVERY, sub-title INSPECTION OF
one of the King's Courts at Westminster, DOCUMENTS.
or at a Court of Quarter Sessions, or in the
Court of Chancery. The inrulment of a INSPECTION OF PROPERTY . For tie
deed does not make it a record ; but it purposes of obtaining full information or
thereby becomes a deed recorded . For evidence, the Court or a judge my, upon
there is a difference between a matter of the application of any party to the action,
record , and a thing record d to keep in mike any order for the inspection of any
memory. A recoril is the entry on parch- property, being the subject of such action,
ment of judicial matters controverted in a and for that purpose may, upon the same
Court of record , and whereof the Court or any further application, authorize any
takes notic .: ; but an inrolment of a deed is person or persons to enter upon or into any
a private act of the parties concerned, of land or building in the p. ssession of any
which the Court takes no cognizance at the party to the action, and to take samples,
time when it is done ( 4 Cruise, 503 ). The and to make observations, and to try
copy of an i'rolled deed of bargain and experiments (Order LII. , 3 ).
sale is by the stat. 10 Ann). c. 18, s. 3, male See title DISCOVERY.
as good evidence as the original de d itself ; INSPECTION, TRIAL BY. Trial by in
and where the bargain and sale is for an spection or examination is, when the point
estate of inheritance or freehold , it is re in dispute is an object of sense, and the
quired to be inrolled by the Inrolment Act, judges take upon them elves to decide the
27 Hen . 8, c. 16.
question upon the testimony of their own
INSANITY : See title LUNACY. senses : for it is not thought necessary
INSENSIBLE . A term used in plead to summon a jury to decide it, that being
ing to signify unintelligible ; and the rule called to inform the conscience of the
relating to it is, that iť a pleading be in Court in respect only of dubious facts
sensible owing to the omission of material (9 Rep. 31 ).
words, &c. , it is bad (Stephen on Pleading, INSPEXIMUS. Letters patent are so
414) . called frum the ciicumstance of this being
INSIMUL COMPUTASSENT. A species the first word with which they begin (after
of assumpsit so called, because one of the the title of the king), thus, “ Rex omnibus,
counts of the declaration alleged that the &c., Inspexintus, & c.' (Les Termes de la
plaintiff and defendant had settled their Ley. )
accounts together, and that the defendant INSTALMENTS . Are different portions
engaged to pay the plaintiff the balance , of a debt payable at different successive
but had since neglected to do so . periods as agreed.
INSOLVENCY. By stat . 7 Geo. 4, c. In the case of debts payable by instal
57, a Court for the relief of insolvent ments, the whole amount of which is made
debtors in England was estab ished ; that recoverable on default, Equity will not re
lieve against the consequences of default
Court continued until 1861, when it was ( as from a forfeiture or penalty ), sed quære.
abolished by the stat. 24 & 25 Vict. c. 131, Similarly, upon the failure of a compound .
all its jurisdiction being by that Act trans
ferred to the Churt of Bankruptcy ; and ing debtor to pay his instalments, the whole
by the stat. 32 & 33 Vict. c. 83,further pro original debtrevives, less only the amount
vision has been made for the winding up of thereof already paid.
the late Court of Insolvency. Imprison- INSTANTER. Immediate, without loss
of time. In this sense it is used when ap
; and thepreceded
ment necessarily
ceedings
insolvency pro
debtor, being in prison, | plied to the word trial ; thus, a trial
INSTANTER — continued . INSURANCE, or ASSURANCE - contd .
instanter , means an immediate trial , a trial for the validity of a life-assurance policy,
that is to take place forth with . it is necessary , that the person who takes
INSTITUTIO HÆREDIS .
it out sbould have some interest in the
In Roman
life assured at the time of his so taking it
Law, was the appointment of the hæres in out ( 14 Geo. 3, c. 48 ) ; but the subsequent
the will ; it corresponds very nearly to the cessation of such interest does not vitiate
nomination of an executor in English Law. the policy (Wms. P. P. 177).
Without such an appointment the will was As regards marine insurance, there are
void at law, but the prætor ( i.e. , equity ) implied in the contract of insurance (being
would under certain circumstances carry
out the intentions of the testator. a voyage policy ) the following warranties,
See title HÆREDES. ( 1 ) That the ship is seaworthy at the
commencement of the risk, i.e. of the
INSTITUTION. A kind of investiture voyage ; and (2. ) That the ship shall not
of the spiritual part of the benefice, as in deviate. In a time- policy, neither of these
duction is of the temporal ; for by institu Warranties can be implied.
tion the care of the souls of the parish is See titles FIRE INSURANCE ; LIFE IN
committed to the charge of the clerk . By SURANCE ; MARINE INSURANCE.
institution , the church is full , so that there INSURE, COVENANT TO. Is usually
can be no fresh presentation till another entered into by lessees of houses. An in
vacancy ; and the clerk inay enter upon advertent breach of this covenant may be
the parsonage house and glebe, and take relieved against once (22 & 23 Vict. c. 35,
the tithes, but he cannot till induction 23 & 24 Vict. c. 126 ).
grant or let them , or bring an action for
them . INTENDMENT. Understanding, mean
See title INDUCTION. ing, or construction , is so called .
See title COMMON INTENDMENT.
INSURANCE, or ASSURANCE. A secu
rity or indemnification, given in considera INTENTIO : See title FORMULÆ.
tion of a sum of money, against the risk of
loss from the happening of certain events. INTENTION . In questions of damages,
The person who so insures is termed the the intention with which a contract hasbeen
insurer, and he whose property is insured broken is wholly immaterial ; the intention
is termed the insured, or assured, and with which a tort has been committed is
sometimes a surée ; and the instrument by (strictly considered ) not material , as it
which he effects such insurance is termed does not augment the damages, but it is
the policy of insurance. A policy of in almost invariably consiilered by the jury,
surance may be defined to be a contract and it is not altogether without a certain
between two persons, stipulating that if one influence even with the judge. The in
pay a sum of money (or premium ), esti tention is , however , an all important ele
inatel to be an equivalent to the hazard ment in crime, e.g., homicide is a crime or
run , the other will indemnify (or insure) vot according to the intention, or is of a
him against the consequences which may greater or less degree of criminality accord
ensue from the lappening of any particu ing to that same test. In some few statu
lar event. Thus, if I pay an insurance tory crimes, and hardly even in these, tlie
company. 108. a year to indemnify me question of the intention is not material ,
against the loss which I might sustain by but may be taken into account in mitiga
my house being burnt down , this is termed tion of punishment .
insuring my house, the company under INTERCESSIO . In Roman Law , was
taking, in consideration of the money the act of becoming surety. The principal
which I pay, to give me a certain sum varieties of sureties were sponsores, fide
to rebuild it in case of fire. The same
promissores, and fidejussores. Women could
system is pursued in the insurance of ships not be sureties at all ; and men, by a statute
( commonly called marine insurance ), and of Sulla, could not be sureties for more
in the insurance of the lives of individuals, than 20,000 sesterces in one year to one
commonly called life insurance. creditor for one and the same debtor,
There is this difference between life in See title SURETYSHIP .
surance policies and all other kinds, that
the latter are contracts of indemnity merely, INTERCOMMONING . When the com
and the moneys secured thereby cease to mons of two adjacent manors join, and the
be payable if no damage arises : but the inhabitants of both have immemorially fed
former, if duly kept up until the death their cattle promiscuously on each other's
of the party assured, are payable at all common , this is called intercommoning
events ( Dalby v. Inulia ani London Life ( Les Termes de la Ley ). As the very name
Assurance Co., 15 C. B. 365). However, denotes, there can be no intercommoning
INTERCOMMONING - continued . INTERESSE TERMINI — continued .

between more than two mapors (Commis estate or interest so acquired, and which he
sioners of Sewers v. Glasse, L. R. 19 Eq. would continue to bave until the period at
134) which the term was to commence , hard
INTERDICT. An ecclesiastical censure , arrived, and he had entered upon the
prohibiting the administration of divine possession of the lands, would be simply
service in particular places, or to particular an interesse termini ( 1 Cru. Dig. 239).
persons (22 Hen . 8, c. 12). INTEREST. In its legal signification ,
As used in Roman Law, an interdict was means the estate or property which a man
equivalent to the injunction in equity. possesses either in land or chattels, the
See titles INJUNCTION ; INTERDICTA. quantum of which ,of course, depends upon
INTERDICTA . In Roman Law , were the title under which he holds, and which,
the injunctions of English Law . They therefore, varies in exact proportion to the
were of three varieties ( 1 ) Prohibitoria, different titles under which property can
which forbade the doing of certain acts ; be held . Thus, in land a man may be
(2. ) Restitutoria , which required the resti possessed of a freehold interest, or of an
tution of property ; and ( 3. ) Exhibitoria, interest less tban freehold ; which main
which required the production of some classification may again be divided into his
specific individual person or thing. In interest in fee-simple, fee- tail, or for life , or
relation to the possession of property, they his interest for a term of years, or at will.
were either for the acquiring of the pos So also with regard to the interest or pro
session in the first instance (adipiscendæ perty in goods and chattels, it may be
possessionis causa ), or for the recovering of either joint or several,-joint if shared
a possession which had been lost ( recu with others, several if possessed by one
perandæ possessionis causa ), or for the pro person exclusively or by more than one,
tection or retention of an existing and con their interests however, not being in common .
tinuing possession (retinenda possessionis See titles ESTATE ; INTERESSE TER
MINI ,
causa ), — there being two principal inter
dicts for such last-mentioned protection of INTEREST ON LEGACIES AND AN
the possession, viz , the uti possidetis for NUITIES : See title LEGACIES.
immoveables, an:) the utrubi for moveables.
See title INJUNCTION. INTEREST OF MONEY. Called also
INTERDICTION . In , French Law, a Usury, was not favoured by the English
person over twenty-one years of age, if he Common Law . However, the custom of
is in an habitual state of imbecility or merchants gradually introduced it in the
following cases, in all of which it is there
insanity, may be excluded the manage fore payable without any express agreemeut
ment of his goods, upon the application of for that purpose :
any of the relatives, whom failiny, upon ( 1. ) On bills of exchange;
the application of the Attorney-General
( procureur du Roi), to the Court of first ( 2. ) On promissory notes ;
(3.) On bonds; and
instance, who will thereupon direct an in (4.) On mortgages .
quiry before the conseil de famille. The in Interest is also payable , even by the
terdiction may be either absolute or limited ; Common Law, in the following cases :
in the case of a limited interdiction, the (5. ) Under an express contract to pay it ;
party is able to act with the approval of a (6.) Under a contract to pay it, which is
conseil judiciaire. implied from previous dealings
See title CONSEIL JUDICIAIRE. between the parties .
INTERESSE TERMINI. That species Equity, on the other hand, always fa
of property or interest which a lessee for voured the allowance of interest upon
years acquires in the lands demised to money lent or owing, when the amount
him , before he has actually become pos was either certain or ascertainable , and
sessed of those lands ; as distinguished invariably in such cases from the date of
from that property or interest vested in demand made for payment and refusal to
him by the demise when reduced into pay ; and now under the stat. 3 & 4 Will . 4 ,
possession by an actual entry upon the c. 42, s. 28, “Upon all debts or sums
lands and the assumption of ownership certain payable at a certain time or other
therein , and which is then termed “ an wise, the jury on the trial of any issue, or
estate for years .” Thus, where an estate on any inquisition of damages,may, if they
for years in lands is granted to commence shall think fit, allow interest to the creditor
at a future period, the grantee, of course, at a rate not exceeding the current rate of
cannot enter until that period has arrived ; interest, from the time when such debts or
butstill he has acquired a kind of estate or sums certain were payable : ( a .) if such
at least interest in the lands ; and the debts or sums be payable by virtue of some
INTEREST OF MONEY - continued . INTERNATIONAL COPYRIGHT : See
written instrument at a certain time ; or title COPYRIGHT.
(b. ), if payable otherwise, then from the INTERNATIONAL LAW. As opposed
time when demand of payment shall have to Municipal, i.e., Civil Law , is the law
been made in writing, so as such demand common to nations generally. It is either
shall give notice to the debtor that interest
will be claimed from the date of such
public or private, public international law
having to treat of sovereign and semi
demand until the term of payment.” sovereign states, ambassadors, treaties,
See title DISCOUNT.
war, peace, commercial tariffs, &c. , & c ,
INTEREST REIPUBLICE UT SIT and private international law dealing withi
FINIS LITIUM : See title EXPEDIT REI those questions of property and of status
PUBLICÆ. which affect individuals, and which may
arise under wills, contracts, settlements,
INTERLINEATIONS : See title ERA- intestacy, an l such like.
SURES . INTERPLEADER . When two or more
INTERLOCUTORY. Something inter persons claim the same thing of a third ,
vening or happening between the com anit he, laying vo claim to it himself , is
mencement and the termination of an ignorant which of them has a right to it,
action ; thus, an interlocutory decrie in a and fears he may be prejudiced by their
suit in Equity signifies a decrce that is not proceeding against him to recover it, he
final and does not conclude the suit, for it may make them litigate their title between
themselves instead of litigating it with
seldom happens that the first decree can
be final ; for the Court usually directs an him , i.e., cause them to interplead.
inquiry in chambers to be made, after The juris liction at Law in interpleader
which the matter is to come on again for was originally confined to the single case
further consiileration , and the final decree of joint bailment ( Crawshuy v. Thornton,
is therefore suspended until the result of 2 My. & Cr. 21 ) , ie., to cases in which the
titles of the claimants to the money, goods,
such inquiry is made known ; nevertheless, or chattels in question, or to the proceeds
there are degrees of finality, e.g., some or value thercot, had a common origin ;
judgments which reserve further considera but under the C. L. P. Act, 1860, s. 12,
tion are in reality final ; and again , a
judgment may be final where it disposes of this community of origin in tlie titles of the
the rights of the parties, even although interpleading pirties was no longer neces
sary. But the titles must at Law still have
That should be (as it sometimes is) upon been legal in their character, and not
an interlocutory application . An inter
locutory judgment in an action at law equitable. Whence the remedy in Equity
signifies a judgment that is not final, but was still more extensive than that at Law .
which is given upon some plea, proceeding, The grounds of an interpleader suit in
or default, occurring in the course of the Equity used to be the following : -
action, and which does not terminate the ( 1.) That the plaintiff has no personal
suit ; e.g., when, although the right of the interest, eitherin respect of rights (Mitchell
plaintiff in the action is established, yet v. Hayne, 2 S. & S. 63), or in rep. ct of
the amount of damages he has sustained liabilities ( Crawshay v. Thornton, supra )
is not ascertained . This happens when in the subject mutter;
the defendant in an action suffers judgment (2. ) That the adverse rights of the de
by default, or confession, or upon a de fendants are such as can be finally deter
murrer mined in
,inany ofwhich cases,if the demand mis. These rightsmaybe legal orequit
sued for be damages and not a specific sum , able, either all or some of them indif
then a jury must be called to assess them ; ferently, unless the jurisdiction should be
therefore the judgment given by the Court
previous to such assessment by the jury is exclusively at Law .
interlocutory and not final because the Under the Judicature Acts, Law and
Court knows not what damages the plain- Equityare fused into one system , andthe
practice in interpleader in all the divisions
tiff has sustained. Au interlocutory order of the High Court is now as follows :
is an order made during the progress of a After a defendant has appeared to a
suit upon some incidental matter which
arises out of the proceedings, as an order writ of summons, and at any time before
for an injunction, and the like. he delivers his statement of defence, he
may ( if he is in no way interested in , other
INTERLOCUTORY JUDGMENT : See wise than as being the custodian of, the
title INTERLOCUTORY . subject-matter of the litigation ) take out
an interpleader summons, and obtain on
INTERLOCUTORY ORDER : See title such summons (supported by an affidavit
INTERLOCUTORY . of his own absence of interest in , and some
INTERPLEADER - continued . INTERPRETATION - continued .

third person's claim to, the subjectmatter will are difficult to decipher, or the words
of the litigation ) an order calling upon of the will are in an unknown or unusual
such third person to appear and state the language, the evidence of persons experi
nature and particulars of his claim , and encel in deciphering written characters or
staying meanwhile all proceedings in the acquainted with the language, is admissible
action (Order 1., rule 2, and 1 & 2 Will. 4, for the purpose of informing the Court or
c. 58, s. 1 ) ; and in the result, the judge judge.
may order such third person (uppearing to (5. ) Extrinsic evidence is also admissible
the summons) to litigate his claim either for the purpose of identifying the object of
as a defendant to the action , or as a de- the testator's bounty (whether devisce or
fendant to some other action, or as a party legater), and for the purpose also of identi
to some issue designed to determine his fying the subject of disposition.
right, or the judge may order such third ( 6.) Where the words of a will remain
person (not appearing to the summons) to unintelligible after the application of the
be barred of all claim as against the de- five preceding rules, the will is void for
fendant ( 1 & 2 Will . 4, c . 58, 8. 3). In uncertainty.
cases where the third party appears to the SECO . DLY, with reference to other instru .
summons, the judge may also in all cases ments. The principal rules regarıling the
(with the consent of the plaintiff and such interpretation of these are the following :
appearing third person ), summarily dis- ( 1 ) The agreement shall have a reason
pose of the question between them ( 3 & 4 able construction according to the intent of
Will. 4 , c. 38 , s. 1 ), and the judge may also the parties;
in all cases where the subject-matter is ( 2.) The construction shall be liberal
trivial (at the request eitler of the plaintiff and favourable, ut res magis valeat quam
or of such appearing third person ), snm- perent ;
marily determine the question ( 23 & 24 (3. ) The popular meaning of the word is
Vict. c. 126 , s. 14 ), in which latter case to be adopted until proof of a preciser tecli
there is no appeal from the judge's sum- nical or acquired meaning ;
mary decision (23 & 24 Vict. c. 126 , s. 17 ; ( 4. ) Every word is to be regarded in the
Dodds v. Shepherd, L. R. 1 Exch. Div. 75). light ofitscontext, ex antecedentibus et con
N.B. Sheriff also may obtain summous sequentibus optima fit interpretatio ;
to interp !ead ; he obtains same immc- (5.)An erroneou, particularisation does
diately upon discovery that execution not affect a precedent generality that is
is stopped by third person's claim to pro- true (fulsa demonstratio non nocet, cum de
perty. corpore constat) ; and vice versa, a subse
quent generality shall be confined by the
INTERPRETATION . This consists in precedent particularisation ( this is called
ascertaining the true meaning of the words the construction ejus lem generis) ;
and conduct of men . (6. ) Custom shall control a contract, un
FIRSTLY, with reference to wills, the fol- less the contract exclude the cu - tom .
lowing six rules of interpretation are gene- (7.) The words of a deed are to be con
rally recognised : strued most strongly against the grantor
(i.) A testator is always presumed to use (verba cartarum fortius accipiuntur contra
words according to their strictand primary proferentem) ; but this rule is only to be
acceptation , until from the context of the relied upon when other rules of construc
will it appears that he has used them in a tion fail ( Lindus v. Melrose, 3 H. & N.
different sense . 177) ;
(2.) Where there is nothing in the con- (8.) Every contract binds the executor
text of a will shewing that the testator has or administrator of the party, although he
used words in other than their strict and be not named ; but to bind the heir, he
primary acceptation, and his words when so must be particularly mentioned ;
interpreted are sensible with reference to (9) Parol evidence may in certain cases
extrinsic circumstances, then the words are be admitted in connection with written
to be interpreted in their strict and primary agreements ;
sense and in no other, notwithstanding the ( 10.) In interpreting statutes, the ratio
strongest presumption to the contrary . legis is not to be considered, if the words of
( 3.) Butwhere the testator's wordswhen the statute in themselves are clear, and
so interpreted are insensible with reference these words ( being clear) are neither to be
to extrinsic circumstances, then the ex- extended beyond nor restricted within their
trinsic circumstances may be looked into simple extent ; but if the words are not in
for the purpose of arriving at some second- themselves clear, then the ratio legis may
ary or popular sense which shall be sensible (among other things) be considered ; and
with reference to these circumstances. ( 11.) In interpreting decided cases, the
(4.) Where the written characters of the ratio decidendi is to be gatherol, and when
INTERPRETATION - continued . INTERVENTION or MEDIATION
-CON
once gathered it is the only permanently tinued.

valuable part of the decision. interference between two or more states as
See title EXTRINSIC EVIDENCE. may (according to the event) result in a
INTERROGATORIES. The examination resort to force ; while mediation always is,
and is intended to be and to continue,
of the parties to a Chancery suit was not
ordinarily conducted virâ roce in open peaceful only. Intervention between a
Court (as was the case in Common Law sovereign and his own subjects is not justi
Courts ), but upon written questions pre fied by anything in international law; but
viously prepared by counsel, which were a remonstrance may be addressed to the
sovereign in a proper case .
called interrogatories ; hence the phrase
examining a witness upon interrogatories. INTESTATE . Without making a will .
Under the Act, 17 & 18 Vict. c. 125, ss. 51 An intestate is the opposite to a testator
57, interrogatories might, subject to certain or testate , the latter word signifying a
restrictions, be also exhibited at Law by man who dies baving made a will. It was
either party to the action. But whereas a rule of the Roman Law that no one could
in Equity there was almost no question die partly testate and partly intestate
which the plaintiff might not extract from (neque enim idem ex parte testatus et ex
the defendant by means of interrogatories, parte intestatus decedere potest, Just. ii.
the practice at Law was subject to the 14. 5 ) ; but nothing is more common in
following restrictions : English Law than that the same man should
( 1. ) Interiogatories must not have been die testate as to part, and intestate as to
made the means of evading the rule which the rest of his property, unless indeed he
requires the production of primary evidence has made a residuary bequest or devise,
(Herschfield v . Clark , 11 Exch . 712) ; and even in that case a partial intestacy
( 2.) İnterrogatories did not deprive a is not infrequent .
witness of his privilege ; consequently, he
was not compellable to state the contents INTIMIDATION OF WORKMEN . Is
of, or to describe, documents which were endeavoured to be repressed by tbe Masters
his muniments of title, nor (except under and Workmen Molestation Act, 1871 ( 34 &
very special circumstances) to answer ques 35 Vict. c. 32), which declares criminal, and
tions tending to criminate him , or to expose visits with imprisonment with or without
him to penalties or forfeitures ; and hard labour, the following (among other )
( 3.) Fishing interrogatories were sternly facts, viz., using violence to person or pro
discouraged. perty, molesting or obstructing any work.
Under the present practice, the rules of man in or about his work, threatening any
Law now prevail in Equity as regards inter workmau so as to put him in bodily fear,
various forms of indirect coercion , hiding
rogatories, and interrogatories are now not
in exclusion of viva voce evidence but in tools, picketing, and such like.
aid of it . INTOXICATION : See title DRUNKEN
See title DISCOVERY, sub-title INTER NESS.
ROGATORIES AND ANSWER THERETO .
INTRA VIRES : See title ULTRA VIRES.
INTERVENER . The interposition or INTRUSION A species of injury by
interference of a person in a suit in the
Court of Probate and Divorce in defence ouster, or amotion of possession from the
of his own interests is so termed , and a freehold , being an entry of a stranger, after
a particular estate of freehold is determined
person is at liberty to do this in every case before him in remainder or reversion , as
in which his interest either in regard to when a tenant for life dies seised of certain
his property or his person is atřected. lands and tenements , and a stranger enters
Thus, in a matrimonial cause, if proceed. thereon after such death, and before any
ings be taken against a party who has entry made by bim in remainder or rever
either solemnised or contracted marriage sion (F. N. B. 203, 204 ; 1 Cruise, 161,
with another, such other or third party 316 ). The writ which lay against such
may, if he or she pleases, interpose in such intruders was also called a writ of intrusion
suit to protect his or her own rights at any ( Les Termes de la Ley ; Old Nat. Brev.
part or stage of the proceedings, even after 203 ).
the conclusion of the cause. The Queen's
Proctor may also in a proper case inter INVENTORS AND INVENTIONS : See
vene under the stat. 23 & 24 Vict. c. 144, title PATENTS.
as in case of suspected collusion between IN VENTRE SA MÈRE. Every legiti
the parties (Dering v. Dering, L. R. 1 P. mate child in ventre sa mère, or in its
& M. 531 ). mother's womb, is supposed in law to be
INTERVENTION or MEDIATION . In born for many purposes. It is capable of
international law , intervention is such an having a legacy, or ofreceiving a surrender
IN VENTRE SA MÈRE - continued . IRELAND-continued.

of copyhold lands ; so if lands are devised to the stamp duty. Nevertheless, under
to B. for life, remainder to such child or the orders and rules of procedure in actions,
children as shall be living at the time of a writ of summons cannot be issued against
his decease, a posthumous child will take or served upon a British subject in Scot
equally with those who were born before land or in Ireland, in respect of a cause of
B.'s death ( Doe v. Clark, 2 Hen . Bl . 399 ; action accruing in England, unless by
Pearce v . Carrington, L. R. 8 Ch . App. special leave of the Court; and for many
969 ). But in the case of lands, the produce other purposes of procedure, Scotland and
or profits go in the interim to the heir-at Ireland are like foreign countries. It is a
law , or residuary devisee, if there be any rule of law, that every Act of Parliament
such (Hopkins v. Hopkins, Ca. t. Talb. 44, since the Union ( 1801) embraces Ireland ,
and Tud . Convey. L. C. p. 711 ). unless that country is expressly excluded
INVESTITURE. A ceremony which, in ( Reg. v. Mallow Union, 12 Ir. L. R., Q. B. ,
35) ; and the like rule appears to apply to
the feudal ages, accompanied the grant of Scotland.
lands, and which consisted in the open and IRREBUTABLE PRESUMPTIONS.
notorious delivery of possession in the pre
sence of the other vassals, and thus, at the Those presumptions which are called juris
time when the art of writing was very little et de jure are irrebutable, that is, they are
known, the evidence of the property was not only drawn by the law, but they have
reposed in the memory of the neighbour themselves the force of law . The number
hood, who in case of disputed title were of these presumptions is very small, and is
afterwards called upon to decide upon it. constantly tending to diminish.
See title PRESUMPTIONS, QUALITY OF.
INVESTMENTS. The properties in or
IRREPLEVIABLE or IRREPLEVIS
upon which trustees may invest trust funds
are designated the range of investments . ABLE. Not to be replevied, or set at
Apart from statute or express provision in large on sureties ( Cowel). It is contrary
the deed or will creating the trust, trustees to the nature of a distress for rent to be
are confined to mortgages of real estate in irrepleviable ( Tomlins ).
England, Government securities, and Con ISSUABLE PLEA . An issuable plea is
solidated Bank Annuities ; but by various that which puts the merits of the cause,
statutes ( principally Lord St. Leonards' either on the facts or on the law , in issue ;
Act, 22 & 23 Vict . c. 35), they may invest in other words, which will decide the action
the trust moneys on mortgages of lands in ( Steele v. Harmer, 14 M. & W. 139). It
the United Kingdom , in stock of the Bank seems, however, to be by no means clear
of England, in stock of the Bank of Ireland , thut a plea to be “ issuable ” must put the
and in East India stock ; and generally in substantial or moral merits of the cause at
Parliamentary funds, when the interest is issue. Thus, a plea which goes simply to
guaranteed by Parliament. shew that the plaintiff had no present cause
I. 0. U. Is evidence of an account stated, of action , as in an action by an attorney for
and an action of assumpsit or in the nature work and labour, that the plaintiff had not
of an assumpsit will lie thereon against the delivered a signed bill a month before
maker at the suit of the person to whom it action brought, has been held an issuable
is addressed ; and if it is addressed ex plea ( Wilkinson v. Page, 1 Dowl. & L. 913 ;
pressly to nobody, the holder is prima see also Staples v . Holdsworth, 4 Bing. N. C.
facie the person with whom the account 111 ). Where the Court granted an exten
was stated . sion of time or other like indulgence to a
See title ACCOUNT STATED . defendant, it was generally upon this con
IRELAND. By the stat. 3 & 4 Will . 4, dition ( among others ) that within that ex
c . 42, s. 7, no part of the United Kingdom
tended time he should " plead issuably ”
of Great Britain and Ireland shall be (Soe Smith's Action at Law ).
deemed to be beyond the seas, within the ISSUE. Is the disputed point or ques
meaning of the Statutes of Limitation , as tion to which the parties in an action have
to personal actions, nor is it beyond seas narrowed their several allegations, and
within the meaning of the Mercantile Law upon which they are desirous of obtaining
Amendment Act, 1856 ( 19 & 20 Vict. c. the decision of the proper tribunal. When
97 ) , whereby every bill of exchange or pro the plaintiff and defendant have arrived at
missory note drawn or made in any part of some specific point or matter affirmed on
the United Kingdom of Great Britain and the one side and denied on the other, they
Ireland, and made payable in or drawn are said to be at issue (ad exitum , i.e., at
upon any person resident in any part of the end or result of their pleading) ; the
the said United Kingdom, shall be deemed question so set apart is called the issue,
to be an inland bill, excepting (if at all) as and is designated, according to its nature,
ISSUE - continued . ISSUES, TRIAL OF — continued.
an issue in fact, or an issue in law. If it direct any issue of fact to be tried by a
is an issue in fact, it is almost univers. judge and jury (Order xxxvi., 27) ; and in
ally tried by the country (i.e., by a jury of a trial without a jury , the judge may from
twelve men ); if it is an issue in law, it is time to time direct any question or issue of
tried by the judge constituting the Court fact, or partly of fact and partly of law , to
in which the action has been brought be tried at nisi prius ( Order xxxvi., 29).
(Steph , on Pleading, 25, 4th edit.). When the issues involve intricate scientific
It ancient times it was
or local inquiries or investigations, the
ISSUE ROLL.
the practice of theCourts, whenthe plead- judgemay alsoreferthe trial of them to
a referee official or special ( Judicature Act,
inys were carried on orally, to have a con 1873, 8. 57 ).
temporaneous record of the proceedings See title Issue.
made ont upon a parchment roll called the ITER . Is a road for foot-passengers
“ Issue Roll.” This practice, although long
grown into disuse, was until recently still only, actus is a road for passengers on foot
supposed in contemplation of law to exist ; or on horseback, and via is a general way
and the Courts still required that it should for all purposes.
be made up, or at all events commenced , or See title EASEMENT , sub -title Way.
an incipitur, as it was called , entered upon ITERATIO. Is repetition. In Roman
the roll, and certain fees were paid to the Law, a bonitary owner might liberate a
officers for making it up. Practically, bow- slave, and the quiritary owner's repetition
ever, this roll was of no use, and in conse ( iteratio ) of the process effected a complete
quence it was abolished ; and the only manumission .
entry of the proceedings upon record came ITINERANT. Travelling or moving
to be that upon the Nisi Prius Record, or
upon the Judgment Roll , according to the about ; thus the judges who are now called
nature of the case ( 1 Pl . R. H. T. 4 Will . 4 ). justices of assize, were formerly called
And at the present day , there appears to justices itinerant, from the circumstance of
be no issue roll at all in use, unless it their travelling into several counties to
should be in the House of Lords. hear causes ready for trial (3 Bl. 59 ). These
See title ENTRY ON THE ROLL . judges were appointed for the first time by
King Henry II., at the Parliament of
ISSUE OF WRIT, A writ of summons Northampton, in 1187.
is said to be issued when the same is sealed
with the seal of the Court or Division out
of which it is issued , i.e., taken out ; the J.
writ of summons must before issue contain
the names of the parties and (among other JACENS HÆREDITAS. An estate in
indorsements) the indorsementof the claim abeyance. This was one of the fictitious
that is made in the action. Upon a judg persona of law referred to by Austin . It
ment or order, whether final or interlocu
was supposed to continue the persona of
tory, a writ of execution may issue, certain the deceased person, until the entry ( aditio )
varieties of execution being, however, con of the hæres (executor) upon the estate.
fined to certain varieties of judgments and In English Law , the authority of the
orders, and the appropriate variety requir executor or administrator arises from the
ing to be selected .
See title EXECUTION, WRIT OF. grant of probate or admivistration ; and
until sucli grant is made, the Judge Ordi
ISSUES, PREPARATION OF. The plead- nary is the only legal personal representa
ings in an action being simple statements tive of the deceased ; but the subsequent
of fact, it occasionally bappens that they do grant to the executor or administrator
not sufficiently define the real issue or when made relates back ( for most purposes)
issues in dispute between the parties; and to the date of the death .
in that case, counselmoves the Court before JACTITATION . A false boasting. The
trial for an order directing the preparation word is commonly used with reference,
of issues, that is, the further and more 1st, to marriage ; 2nd, to the right to a seat
accurate definition of the points in dispute in a church ; aud, 3rdly, to tithes.
(Order xxvi.) . ( 1.) Jactitation of marriage is the boast
See title Issue.
ing or giving out by a party that he or she
ISSUES, TRIAL OF. A notice of trial is married to some other, whereby a com
is required to specify whether the trial is mon reputation of their matrimony may
of the action generally, or of some (and ensue. To defeat that result, the person
what ?) issues therein (Order xxxvi., 8). may be put to a proof of the actual mar
And either before or at the trial ( when riage, failing which proof she or he is put
that is without a jury), the judge may to silence about it.
JACTITATION - continued . 1 JEWS - continued .

(2. ) Jactitation of a rijht to a seat in c 17 ) ; but the practice was improving in
a church appears to be the boasting by a their favour. These disabilities were, how
man that he has a right or title to a pew ever, removed in 1815 (8 & 9 Vict. c. 52 )
or sitting in a church to which he has as regards corporations ; and in 1858
legally no title. (21 & 22 Vict . c. 49 ), and more fully in
(3.) Jactitation of tithes is the boasting 18 6 ( 29 & 30 Vict. c. 19 ) as regards par
by a man that he is entitled to certain liamentiry elections, the obnoxious words,
tithes, to which he has legally no title “ on the true faith of a Christian,” being
( See Rog . Eccl. Law, 482). by the latter Act omitted from the new
form of oath thereby substituted for the
JEOFAILE (from the Fr. j'ai faillé, I old oath of abjuration.
have failed ). An oversight in pleadings See titles A BJURATION ; ALLEGIANCE ;
or in other law proceelings. The Statutes Non - CONFORVISTS ; CORPORATION
of Jeofuils were so called because when a
ACT ; TEST ACT.
pleader perceived any mistake in the form
of his proceedings, and ackuowledged such JOBBERS. Are middle men on the Stock
error ( j'ai faillé ), he was at liberty by Exchange who supply the public through
those statutes to amend it (Stra. 1011). the broker with money or stock to the
These old statutes were supersedded by the exact amount they require, making a profit
more liberal powers of amendment con only of one eighth per cent. on each trans
ferred by the C. L. P. Act, 1852 ; and now action. Sir John Barnard's Act (7 Geo. 2,
under the Judicature Acts, 1873-75, all c. 8) endeavoured to supprt ss the “ in
sorts of amendments may be made, if not famous practice of stock -jobbing," that is
without leave, at all events with leave, and to say, the practice of fictitious sale of
the power of amending extends even to per stock against a future day, when the seller
mitting inconsistent amendments; but the had not the stock he sold nor intended to
object of all this apparent facility or laxity procure it by the day, and the purchaser
is to ascertain the real issue between the did not intend to purchase the stock, but
parties, and that is its justification . the agreement was merely to pay or to
See title AMENDMENT. receive the differences, according as the
stock went down or up by the day ; but
JETSAM , JETSON , or JETTISON. By this Act has been repealed (23 Vict. c . 28,
this appellation are distinguished goods 38 & 39 Vict . c. 66 ), and stock -jobbing is
which have been cast i : to the sea , and now regulated by the Common Law . And
there sink and remain under water. Jet by the Common Law , contracts for differ
sam is in this respect distinguished from ences, anciently held to be void as a species
Flotsam , where the goods remain swim of wagering ( Barry v . Croskey, 2 Johns.
ming on the surface of the waves, and from & H. 1), are still held to be invalid (not
Lagan, where they are sunk, but tied to a withstanding Thacker v. Hardy, 4 Q. B.
buoy or cork in order to maik their posi Div . 685) ; but the practice is a very pre
tion, so that they may be found again. valent one. The fic.itious buyer is a bull,
Jetsam was one of the sources of the royal and the fictitious seller is a bear ; and either
revenue (see title WRECK). party, if unable to pay his differences, is
Jettison is never resorted to, excepting a lame duck,
for the purpose of lightening or relieving See titles BROKERS ; TIME -BARGAINS.
the ship in case of necessity or emergency,
and the necessity must be imminent and JOINDER . Joining, uniting together,
real. The loss occasioned by jettison is &c. Thus, joinder in action signifies the
made good by contribution, assessed on joining or unit ng of two persons together
what is saved of ship, cargo, and freight in one action against another ; and such
( Kay's Shipmasters, p. 259). an action is termed a joint action, Joinder
The king, or his grantee, shall have of issue is where the plaintiff or plaintiffs
flotsam , jetsam , or lagan when the ship is and the defendant or defendants unite upon
lost and the owners of the goods are un a statement of their respective ground of
known . (F. N. B. 122 ; Kay's Ship. and action and defence, and agree to stand or
Seamen, p. 259, 1103.) fall by that statement.
JEW8. Originally laboured under many JOINDER OF ACTIONS. The plaintiff
disabilities, for their religion's sake. They may unite in one statement of claim
could not, of course, comply with the Test several causes of action , subject to the
and Corporation Acts ; and when these Court on the application of the defendant
Acts were repealed in 1828, they were still directing them to be separately disposed
no better off in theory, not being able to of, e.g., claims by or against husband and
make the substituted declaration " on the wife with claims by or against either of
true faith of a Christian " ( 9 Geo. 4, them separately ; but excepting by leave
JOINDER OF ACTIONS - continued . JOINT AND SEPARATE ESTATES
no action is to be joined with аa claim for continued .
the recovery of land (Order xvii). paid first out of the separate estate ; and
JOINDER IN DEMURRER . When a then (according as the circumstances of the
defendant in an action tendered an issue of case require) the leavings of the joint estate
law ( called a demurrer ), the plaintiff. if he or of the separate estate go to further
meant to maintain his action , must have satisfy the part.satisfied creditors, joint
going to separate, and separate to joint
accepted it, and this acceptance of the ( 32 & 33 Vict. c. 71 , s. 104 ). But a creditor
defendant's tender, signified to the plaintiff holding a joint and several security has his
in a set form of words, was called a joinder option to rank in the first instance, either
in demurrer. The usual words of a de
murrer were,— "The defendant (or plain as a separate creditor or as a joint one, and
tiff') says that the declaration (or plea) is to prove accordingly.
bad in substance ; ” and it was necessary See titles Double PROOF ; PROOF OF
DEBIS IN BANKRUPTCY .
to state in the margin some substantial
matter of law intended to be argued . JOINT AND SEVERAL . A joint and
Thereupon the other side joined issue on several bond is a bond in which the obli
the demurrer in these terms.-" The plain gors have rendered themselves both jointly
tiff (or defendant) says that the declara and individually liable to the obligee ; 89
tion ( or plea ) is good in substance .” But that the latter, in the event of the non
under the present practice, the demurrer performance of the conditions of the bond
would be at once set down for argument by the obligors, may sue them either
by either side without any formal joinder jointly or separat-ly as he deems the more
in demurrer. advisable. The phrase is also frequently
See title DEMURRER . used with reference to contracts not under
JOINDER OF ISSUE . Is that one of tlie seal (i.e., simple contracts ).
pleadings whereby these are closed , and See title JOINT- CONTRACTORS.
the parties are at issue upon the questions JOINT AND SEVERAL COVENANTS :
raised thereon . Usually the reply ( i.e. , See title COVENANT.
3rd pleading ) ends the pleadings; and no
pleading, subsequent to reply, other than a JOINT AND SEVERAL LIABILITY .
simple joinder of issue can be pleaded Covenants are usually joint and several,
without leave of the Court, and then only and the liability under them is therefore
upon terms (Order xxiv ., 1,2). This joinder both joint and several ; nevertheless, a
of issue is appropriate only where the release to one of the co - covenantors will
pleadings raise an issue or issues of fact, discharge the others ; but in the case of a
or partly of law and partly of fact ; and it covenant not to sue one of them, it is com
is not appropriate where the issue is one of petent to reserve all rights against the
pure law , others. The liability of partners is joint
See title ISSUE. and several ; and therefore the estate of a
JOINDER OF PARTIES. The plaintiff deceased partner will be liable, at the
may join as defendants all or any of the option of the creditor, and even in the
persons severally or jointly and severally first instance, to be sued for the amount of
liable on any one contract (Order xvi ., 5 ) ; all debts contracted before his decease
also, all or any of the persons, some or one (Way v. Basset, 5 Ha. 55).
of whom (he believes, but is uncertain See title Joint LIABILITY.
which ) is or are liable, whether in contract
or in tort (Order xvi. , 6) ; and all persons JOINT AND SEVERAL OWNERSHIP .
may be joined as co -plaintiffs, in whom , Bonds or covenants, even where they pur
whether jointly, severally, or alternatively, portto confer a joint and several ownership
the right to the relief claimed is alleged to on the obligees or covenantees, cannot be
exist. joint or several at their option for one and
the same cause ; and whether the covenant
See titles MISJOINDER ; NON - JOINDER.
or bond be joint or be several depends on
JOINT AND SEPARATE ESTATES. In the subject-matter, and not upon the
the case of partners, the assets of the words. If such obligee or covenantee has
partnership are called the joint estate , and a separate interest, then the bond or cove
the private estates of the individual part nant will as regards him be several ; but
ners are called their separate estates. Where otherwise it will be joint. And the rule is,
either partnership or any individual part that when all may sue on the covenant or
per is bankrupt, the rule of administration bond , all must do so (Wetherell v. Langston,
is this,—the joint or partnership debts are 1 Exch. 631) ; and the remedy survives,
to be paid first out of the joint estate, and but not the right ( Lake v. Craddock,
the separate or private debts are to be 3 P. Wms. 158).
JOINT CONTRACTORS. Are persons JOINT STOCK COMPANIES — continued .

jointly liable on a contract. Before the and the general body of the shareholders
M. L. A. Act, 1856 ( 19 & 20 Vict. c. 97), have, unless on extraordinary occasions,
part-payment, and before Lord Tenterden's no power to interfere in the concerns of
Act (9 Geo. 4, c. 14 ), a written acknow the company
ledgment, made or given by one of several It was not unusual for such companies
joint contractors had the effect of making to obtain a private Act of Parliament in
the Statute of Limitations run afresh as aid of their deed of settlement; and at
against, not only that individual one of length certain general Acts were passed
the joint contractors, but the other or others for the regulation of such companies.
of them also ( Whitcomb v . Whiting, Doug . The result of the various legislative mea
652) ; but the law is altered by these sures of a general character so passed may
statutes in these respective particulars. be stated as follows :
See title JOINT LIABILITY. I. Joint stock banking companies -
JOINT INDICTMENTS. When several (1.) All such companies, if formed under
7 Geo. 4, c. 46, and not registered since,
offenders are joined in the same indict are governed by that Act and their deed
ment, such an indictment is called a joint of settlement. ( 2.) All such companies, if
indictment ; as when principals in the
first and second degree, and accessories formed and registered under the Act of
before and after the fact, are all joined in 1857 (20 & 21 Vict. c. 49), are governed by
their deed of settlement, and so much of
the same indictment (2 Hale, 173 ).
the Companies Act, 1862, as applies to
JOINT LIABILITY. In every case of companies registered but not formed under
joint liability, each of the co-debtors is it. ( 3.) All such companies, if formed
liable for the whole ; and a release to one under the 20 & 21 Vict. c. 14 , and 21 &
will discharge them all , not being a release 22 Vict. c. 91 , are gorerned by their rules
under the Bankruptcy Act, 1869, or under and articles of association and the Com
the Statute of Limitations. All must be panies Act, 1862. Lastly, (4.) All such
sued during their joint lives ; and the companies, if formed under theCompanies
survivor or survivors only afterwards, the Act, 1862 (25 & 26 Vict. c. 89), are governed
estate of the deceased co-debtor being exclusively by the provisions of that Act.
discharged from all liability to the creditor II . Joint stock companies other than
both at Law and in Equity ( Richardson v. banks and hereunder the following
Horton , 6 Beav. 185). The co -obligors on principal classes, viz. :
a bond are usually jointly liable, but they ( 1.) Companies incorporated by statute
may be liable jointly and severally. or charter, and compavies for executing
See title JOINT AND SEVERAL LIA. any bridge, road , railway, or other like
BILITY . public object, not capable of being carried
JOINT OWNERSHIP. The co -creditors out unless with the authority of Parlia
in a bond are usually joint owners ; and if ment, and being the companies expressly
so, then either or any of them may release excepted from the operation of the Act
the debtor, and in that way damnify his 7 & 8 Vict. c. 110. Formerly, each of such
co-creditors, unless they should have mutu companies was governed by the provisions
ally covenanted not to grant any such of its own charter or special Act of Parlia
release. Joint ownership is, however, more ment ; but latterly. general provisions were
usual in the case of lands than of personal made for the regulation thereof by the
estate . Companies Clauses Consolidation Act, 1845,
See title JOINT TENANTS . the Lands Clauses Consolidation Act, 1845,
and (but only as to railways) the Railways
JOINT STOCK COMPANIES. A joint Clauses Consolidation Act, 1845 ( being re
stock company established before the pass spectively the Acts 8 & 9 Vict. cc. 16 , 18,
ing of the Acts presently mentioned , and and 20) ; and these three general Acts
which has not adopted their provisions, apply also to all companies established by
is simply a partnership, consisting of a Act of Parliament after the 8th of May,
large number of members, whose rights 1845, for the execution of undertakings of
and liabilities are simply those of ordinary a public nature .
partners, subject only to the peculiar regu (2.) Companies not excepted from the
lations contained in an instrument called a stat. 7 & 8 Vict. c. 110, and requiring
deed of settlement. The capitalis divided under that statute to be registered. That
into equal parts called shares, each member statute was, however, superseded by the
of the company has a certain number of Joint Stock Companies Act, 1856 ( 19 & 20
these, and is entitled to participate in profits Vict. c. 17 ), which has since been repealed
according to his number of shares . The by the Companies Act, 1862 ( 25 & 26 Vict.
management of the business is confided to c. 89 ) ; and this latter statute is now in
some few shareholders, called directors, force . It consolidates the laws relating to
JOINT STOCK COMPANIES — continued . JOINTURE - continued .
joint stock companies, and includes in its by the Statute of Uses, 27 Hen . 8, c. 10, by
operation all companies formed and regis which statute, if the jointure is before mar
tered under the Act of 1856 ( 19 & 20 Vict. riage, the woman shall not have her elec
c. 47 ), or under the Act 18 & 19 Vict. tion between jointure and dower, but if
c. 133, together with certain companies jointure is after marriage, then she shall
not formed under the above -mentioned have her election .
Acts, nor registered (s. 199 ). And under
JUDGE ADVOCATE GENERAL : See
its provisions, with the exception of com title ADVOCATE GENERAL.
panies and partnersbips formed under some
other Act, or under letters-patent, or en . JUDGES. Were originally members of
gaged in working mines within the juris the King's Great Council or Aula Regis,
diction of the Stannaries, every banking i.e., Court of Parliament ; but since the
company or partnership consisting of more reign of Edward III., they have been re
than ten persons, and every other company duced to the rank of mere advisers of Par
or partnership having for its object the liament. They have been often accused of
acquisition of gain , and consisting of more servility in the Stuart periods, but most
than twenty persons, established since the unjustly ; for they decided in accordance
1st of November, 1862, Must, and any with law, and it was for Parliament to
company consisting of seven or more per amend the law, seeing that popular opinion
sons associated for any lawful purpose MAY so strongly demanded its amendment. By
be formed and registered under the statute. the Act of Settlement, they hold their
And mining companies in the Standaries offices during good behaviour (see title
may register under it, and then become SETTLEMENT , ACT OF). The number of
subject to its provisions. Every other com judges in modern times is very great, and
pany (except a railway company), whether besides the Judges of the Supreme Court
previously existing, or formed afterwards (in its two divisions, Original and Appel
in pursuance of an Act of Parliament or late), there are also many inferior Judges,
letters-patent, or otherwise duly constituted e.g., of county courts, & c.; and there are
by law, and every unregistered company the Lords of Appeal(House of Lords) and
consisting of more than seven members, the members of the Judicial Committee of
may, with the assent of the shareholders, the Privy Council. Nearly all judges are
be registered as a limited or unlimited members of the Privy Council. They are
company under its provisions. also the Visitors of the Inns of Court.
If not thus registered, the law of com
JUDGES, IMMUNITY OF. No action
panies established under private Acts of
Parliament, charters, or letters-patent, is lies against a judge of a superior Court
that laid down by their Acts, charters, or (Frayv . Blackburn, 3 B. & D.576), or ofan
letters -patent. Companies thus consti inferior Court ( Scott v. Stansfield, L. R.
tuted certainly differ very materially from 3 Ex. 220 ), or of the visitor of a college
ordinary firms ; but, so far as their Acts, for a judicial act, although it is alleged to
or their charters, or letters-patent have not have been done maliciously and corruptly ,
provided, they are governed by the ordi assuming that the judge has jurisdiction
nary law of partnership . (Kemp v. Neville, 10 C. B. (N.S.) 523) ;
1867(30& 31 Vict.
c. 131), 1870 ( 33 & 34 Vict. c. 104), 1877
secus, if he had no jurisdiction and knew
it (Houlden v. Smith , 14 Q. B. 541 ).
(40 & 41 Vict. c. 26), and 1879 (42 & 43 JUDGE'S NOTES : See title NOTES OF
Vict. c. 76), have variously amended the JUDGE.
Companies Act, 1862. JUDGMENT. In an action, judgment
See titles LIMITED LIABILITY ; PART may be obtained on various grounds, prin
NERSHIP
cipally the following :-(1.) For default of
JOINT TENANTS. Those who hold appearance to writ of summons; (2.) For
lands or tenements by joint tenancy (2 default of pleading ; (3.) For default of
Cruise, 431 ; Litt. s. 277). appearance at trial; (4. ) On admissions in
See title SURVIVORSHIP . the pleadings ; (5.) At the trial of the
JOINTURE. Is defined by Lord Coke
action ; (6. ) On motion subsequent to trial;
to be “ a competent livelihood of freehold (7.) On motion without trial ; (8.) On
motion for new trial ; and (9.) On motion
for the wife of lands or tenements , &c. , to for judgment, e.g., upon referee's report.
take effect presently in possession or profit,
after the decease of her husband, for the JUDGMENT, ACTION ON. Upon any
life of the wife at least.” The woman on judgment, the successful party may, in
whom such a settlement of lands is made lieu of issuing execution on the judgment,
is termed a jointress ( 1 Cruise, 199 ; 1 Inst. bring an action on the judgment; and this
36 ). A legal jointure was first authorized latter is invariably the course upon a
JUDGMENT, ACTION ON - continued. JUDGMENT DEBTS - continued .

strictly foreign judgment (Houlditch v. hold, and whether legal or equitable, and
Marquis of Donegal,8 Bligh (N.S.) 301 ). whether possessed atthe time of entering
up judgment or afterwards, and whether
JUDGMENT DEBTS. These are debts, joint or sole, and whether the interest of
whether on simple contract or by specialty, the debtor therein amount to an estate in
for the recovery of which judgment has or only to a general power over them. Ad
been entered up, either upon a cognovit, or vowsons are no longer exempt from lia
upon a warrant of attorney ,or as the result bility ; but with reference to rectories and
of a successful action . The old law of tithes, only lay and not ecclesiastical ones
judgments was in many respects different are intended ( Hawkins v . Gathercole, 6 De
from the present law . G. M. & G. 1 ). The judgment prevails
Thus, under the old law, which rested against the jus accrescendi in thecase of
substantially upon the following statutes, joint tenants (1 Dart's V. & P. 431), and
namely : also against the issue of tenant in tail, and
13 Edw. 1 , c . 18 ; against remaindermen in tail whom the
29 Car. 2, c. 3 ; and tenant in tail could bar ( Lewis v. Dun
4 & 5 W. & M. c. 20, combe, 20 Beav. 398). And as regards the
the lands affected by a judgment were the registration and re- registration of judg
entirety of terms for years only, and one ments and executions thereon, the short
moiety of freehold lands, tithes, reversions, result of the last -mentioned statutes may
and trust estates whereof the trustee was be stated as follows : - From the 16th of
seised for the debtor at the time of execution August, 1838, to the 23rd of July, 1860,
sued , but not copyhold lands. Estates tail every judgment that was entered up against
were liable to the extent of one moiety the owner of lands required to be registered
thereof, but only during the life of the in the name of the debtor, and to be re
tenant in tail ; and joint tenancies were in registered every five years, in order to
the same position. Moreover, trust terms become a charge upon the land ; from the
for years, joint trust estates, and equities 23rd of July , 1860, to the 29th of July,
he
were also glebe lands and advowsons in
as
, Yiko
registered in the name of the debtor, and to
gross. Moreover, purchasers ( including bere-registered every five years, and exe
mortgagees) were not bound by a judgment cution thereon required also to be sued out,
which was either undocketted or mis and also registered in the name of the
docketted ( Tunstall v. Trappes, 3 Sim. 286 ; creditor, and theexecution must also within
Brandling v. Plummer, 8 De G. M. & G. three months from the date of such regis
747) ; unless they had notice thereof, in tration have been executed, in order to
which latter case they were bound ( Davis becomea charge upon the land ; but since
v. Strathmore ( Earl), 16 Ves. 419). How the 29th of July , 1864, no such judgment
ever, Equity assisted the judgment creditor requires to be registered at all, but execu
towards enforcing his execution in respect tion is to be sued out thereon , and to be
of those equitable interests before enume also registered in the name of the debtor,
rated which were not statutorily liable on although even then it is not a charge upon
an elegit ; thus, in the case of anequity of re the land until such land has been actually
demption in a freehold estate, the judgment taken under the execution .
creditor, after suing out an elegit, might Priority of Judgment Debts.The date
file his bill in Equity for relief (Neate v. of the registration and not that of enter
Marlborough ( Duke), 3 My. & Cr. 407) ; ing up the judgment, or of the registration
and in the case of an equitable leasehold or and not that of suing out the execution ,
term of years , the judgment creditor, after is the point of time which regulates the
suing out a fi. fa ., might in like manner priorities or rights of adverse successive
file his bill in Equity for relief ( Gore v. claimants ; thus, judgment creditors, as
Bowser, 1 Jur. ( N.S.) 392 ; Padwick v. between themselves, take rank according
Duke of Newcastle, L. R. 8 Eq. 700 ). to the order of the dates of their several
On the other hand, under the present registrations, and notice of an unregis
law, which depends substantially upon the tered judgment entered up at a prior
following statutes, namely : date does not affect them (Benham v.
1 & 2 Vict . c. 110 ; Keane, 1 J.& H. 685), as neither does such
2 & 3 Vict. c. 11 ; notice affect a subsequent purchaser or
3 & 4 Vict. c. 82 ; mortgagee, this being the construction of
23 & 24 Vict. c. 38 ; and the stats. 3 & 4 Vict. c . 82 , 8. 2, and 18 &
27 & 28 Vict. c. 112, 19 Vict. c. 15, 8. 5. But notice of an un
the lands affected by a judgment are the registered judgment does affect a subse
entirety of lands, tenements, and heredita quent cestui que trust (Benham v. Keane,
ments,whether freehold, copyhold, or lease supra ). And notice of a judgment which
U 2
JUDGMENT DEBTS - continued . JUDGMENT DEBTS - continued .
has been re -registered within five years 209) ; and the like decision was given re
prior to the date of the purchase or mort- garding a judgment entered up against
gage does affect a purchaser or mortgagee one entitled to a gross sum of money
having notice thereof, notwithstanding an charged on land ( Russell v. M'Culloch ,
interval of more than five years may have 1 K. & J. 313) ; but now, by the stat. 18 &
elapsed between such re-registration and 19 Vict. c. 15, s. 11, where a mortgage is
the next preceding registration (Simpson paid off prior to the completion of the
v. Morley , 2 K. & J. 71); but a purchaser purchase, any judgment against the mort
or mortgagee who has no notice of a judg- gagee ceases to be a charge on the lands
ment, although the same has been regis- purchased (Greaves v. Wilson, 25 Bcav .
tered , and , à fortiori, as already mentioned , 434 ).
if it is either unregistered or not duly re- Remedies on Judgment Debts.The
registered, is not bound thereby, this being extent of the judgment creditor's remedy
the construction of the stat, 2 & 3 Vict. at Law depends on the 11th section of
c . 11 , s. 5, for it has been held that regis- the 1 & 2 Vict. c. 110, and the extent of
tration is not notice (Robinson v. Wood . his remedy in Equity on the 13th section
ward, 4 De G. & Sm . 562 ), unless, indeed, of that Act. And, accordingly, at Law
it can be proved that the party has made the judgment creditor may pri ceed against
an actual search over the period covering all legal estates of his debtor, and also
the judgment ( Proctor v. Cooper, 2 Drew. against all estates held simply in trust for
1 ) ; and no such search is compulsory him , but not against any equity of re
either upon a purchaser or upon a mort- demption of his debtor; and in Equity he
gagee ( Lane v. Jackson, 20 Beav. 535), al- may proceed against all and every the
thouglı it is not, therefore, wise to avoid a lands of his debtor, having first taken out
search ( Freer v. Hesse, 4 DAG. M. & G. 495 ). an elegit ( Smith v. Hurst, 10 Hare, 30 ),
And in case the property is situate in a and obtained actual possession of the lands,
register county, the registration and re- if possible, or the nearest equivalent to
registration must be maile both in the local actual possession(Guest v. Coobri lge Ry.
and in the general registries ( Johnson v. Co., L. R. 6 Eq. 619), and he should pray
Houldsworth , 1 Sim. N. R. 106 ; Benham v. a sale of the lands (as distinguished from
Keane, supra). a foreclosure ) ( Tuckley v. Thompson, 1 J. &
What Judgment Debt charges. — In the H 126), an order for which he may obtain
case of a judgment which is entered up upon petition in a summary way under the
between a contract for sale and the con- 27 & 28 Vict . c. 112 ( Re Isle of Wight Ferry,
veyance of the land, where the judgment 11 Jur. (N.S.) 279). Sometimes both an
is duly perfected as required by theActs, action and a petition may, however, be
the judgment creditor could not, by the necessary ( Re Cowbridge Řy. Co., L. R. 5
old law, proceed against the land in the Eq. 413 ; Beckett v. Buckley, L. R. 17 Eq.
hands of the purchaser ( Lodge v. Lyseley, 435 ; Anglo -Italian Bank v. Davis, 9 Ch.
4 Sim. 70), but would have been restrained Div. 275 ). If neither an elegit nor a fi.
by injunction from so doing ( Brunton F. fa. could be sued out there was noremedy
Neale, 14 L. J. (Ch.) 8) ; the judgment (Padwick r. Newcastle ( Duke), L. R. 8 Eq.
creditor might, however, have come against 700) ; but neither of these writs is now
the unpaid purchase-money (Forth v . necessary, as a preliminary to equitable
Norfolk ( Duke ), 4 Madd. 505) ; and the execution ( Ex parte Evans, In re Watkins,
present law is to the same effect (Broin v. 13 Ch. Div. 252).
Perrott, 4 Beav. 585). And by the present JUDGMENT, ENTRY OF. All judgments
law, upon any sale by a mortgagee, the
surplus proceeds of sale are charged by any are entered in a bouk kept by the Court.
judgments entered up against the mort The entry is usually in the London office ;
gagor between the dates of the mortgage and if the action is one proceeding in the
and the sale ( Robinson v. Hedger, 13 Jur. District Registry, then merely an office
846). But under the old law and under copy of the judgment is transmitted to the
the present law a judgment entered up registry to be filed therein. . When the
subsequently to a voluntary conveyance, judge in Court pronounces judgment, the
and duly perfected, does not upset the judgment as entered is datedas of theday
prior voluntary conveyance ( Beavan v. it was pronounced, and takes effect from
that date. No execution upon the juilg.
Oxford ( Earl), 6 De G. M. & G. 507), a
judgment creditor not being a purchaser ment may issue before entry thereof(Order
within the meaning of the stat. 27 Eliz .c. 4. XLII , 9 ).
1
A judgment entered up against an an- JUDGMENT, FOREIGN . May be en

nuitant has been held to be a charge on forced in this country by action on the
the land out of which the annuity issues judgment , and the judgment itself will be
( Younghusband v. Gisborne, 1 De G. & Sm. primâ facie conclusive of the plaintiff's
JUDGMENT, FOREIGN - continued . JUDGMENT, VARIETIES OF - contd .

right, unless it is clearly erroneous on the either party upon (9) demurrer, ( 10) issue
face of it (Simpson v. Fogo, 1 Johns. & H. of nul tiel record, or ( 11 ) verdict.
18) ; and an Admiralty decision on a ques A judgment ( 1 ) by confession, or (2) by
tion of prize is absolutely conclusive. A default, was such a judgment as was signed
foreign judgment against the plaintiff in against the defendantwhen the justice of
plaintiffs own action may be pleaded as an the plaintiff's claim was admitted by him ,
absolute bar to his second action brought either (1 ) in express terms, as by giving a
against the same defendant in the domestic cognovit, or (2) by conduct, as by failing to
forum . take proper steps in the suit. These two
See title JUDGMENT, PLEA OF. varieties of judgment are still in use .
See titles ATTORNEY, WARRANT OF ;
JUDGMENT, PLEA OF. This plea , COGNOVIT ACTIONEM ; DEFAULT,
which is otherwise called the plea of res JUDGMENT BY .
judicata, is an absolute defence by way of A judgment upon (3) nonsuit was a
estoppel to any second action between the judgment given to the defendant whenever
same parties for the same cause (King v. it clearly appeared that the plaintiff had
Hoare, 13 M. & W. 494 ; Brinsmead v. failed to make out his case by evidence.
Harrison, L. R. 7 C. P. 347 ) ; and even This variety of judgment is also still in
where it is not an absolute estoppel, it is use, but its effect is now the same as that
oftentimes available as evidence in a second of any other judgment against the plaintiff.
action, e g., when evidence of reputation is A judgment of (4 ) non proe. was a judg
admissible. But when a judgment is in rem ment which the defendant was entitled to
properly so called , it is conclusive against have against the plaintiff when he did not
all the world ( Phosphate Sewage Co. v. follow up (non prosequitur) his suit as he
Molleson, 4 App. Ca. 801). ought to do, as by delaying to take any of
See title JUDGMENT, FOREIGN . those steps which he ought to take beyond
the time appointed by the practice of the
JUDGMENT ROLL. A parchment roll Courts for that purpose. This variety of
upon which all proceedings in the cause up judgment is also still in use , but is now
to the issue, and the award of venire inclu called Judgment dismissing the action for
sive, together with the judgment which want of prosecution, &c.
the Court had awarded in the cause , were See title DISMISSAL OF ACTION .
entered . This roll, when thus made up, was A (5) retraxit, or (6 ) nolle prosequi, was
deposited in the treasury of the Court, in when the plaintiff, of his own accord, de
order that it might be kept with safety and clined to follow up his action ; the differ
integrity. In practice, the making up and ence between them was , that a retraxit
depositing the judgment roll was generally was a bar to any future action brought for
neglected, unless in cases where it became the same cause, whereas a nolle prosequi
absolutely necessary to do so ; as when, for was not, unless made after judgment
instance , it was required to give the proceed (Bowden v. Horn , 1 Bing. 716). These two
ings in the cause in evidence in some other varieties of judgment are still in use, but
action ; for in such a case thejudgment- roll, are not now familiarly known by these
or an examined copy thereof, was the only names .
evidence of them that could be admitted See titles NoLLE PROSEQUI ; RETRAXIT.
(Smith's Action at Law , 184). At the A judgment on a (7) discontinuance was
present day there seems to be no judgment when the plaintiff found that he had mis
roll of any sort in use, just as there is now conceived his action and obtained leave
no issue-roll, unless it should be in the from the Court to discontinue it, on which
House of Lords. judgment was given against him, and he
See titles ENTRY ON THE ROLL ; ISSUE had to pay the costs. This variety of
Roll ; JUDGMENT, ENTRY OF. judgment is still in force.
See title DISCONTINUANCE.
JUDGMENT, VARIETIES OF . Judg A judgment on a (8) stet processus was
ment is given either for the plaintiff or for entered when it was agreed, by leave of
the defendant; and occasionally the judge the Court, that all further proceedings
ment may be given partly for the plaintiff should be stayed ; though in form this was
and partly for the defendant. When for a judgment for the defendant, yet it was
the plaintiff, it used to be either a judg generally like a discontinuance, being, in
ment of ( 1 ) by confession, or ( 2 ) by de point offact, for the benefit of the plaintiff,
fault ; when given for the defendant it and entered on his application ; as, for in
used to be either a judgment of (3) non stance, when the defendant had become
suit, (4) non pros., (5) retraxit, (6 ) nolle insolvent, & c. This variety of judgment
prosequi, (7)discontinuance,or (8) stet pro hardly exists at the presentday, but some
cessus ; and judgment might be given for thing like it is found in the judgment
JUDGMENT, VARIETIES OF - contd . JUDICIAL COMMITTEE OF PRIVY
or order staying all proceedings in the COUNCIL - continued .
action . Lord President of the Council, the Lord
See titles STAY OF PROCEEDINGS; STET Chancellor , and certain of the judges (e.g.,
PROCESSUS. the judges lately known as the Lords Jus
Judgment on (9) demurrer was such a tices ) being Privy Councillors ; and under
judgment as was pronounced by the Court the stat. 34 & 35 Vict. c. 91 , and the Ap
upon a question of law submitted to it, ag pellate Jurisdiction Act, 1876 (39 & 10
opposed to a questionof fact, which was Vict. c . 59), there are four paid members,
submitted to a jury. This variety of judg . and in the case of ecclesiastical appeals,
ment is of course still in force. the archbishops and bishops, or some as
of
See title DEMURRER . them , attend either as members or
A judgment upon an ( 10) issue of nul assessors, under the last- mentioned statute
tiel record was when a matter of record and an Order in Council dated the 28th of
was pleaded in any action -- as a fine, a November, 1876, whereby the rotation of
judgment or the like -- and the opposite their attendance is prescribed together
party pleaded “nul tiel record ,” i.e., that with themode of requiring their attend
there was no such matter of record exist ance . Besides ecclesiastical cases, this
ing ; upon this issue was joined ; and there Committee or Court takes cogoizance of all
upon the party pleading the record had a appeals from the colonics ( including India ),
day given him to bring it in , and procla and all appeals in lunacy matters, and
mation was made in Court for him to generally appeals in all other matters in
“ bring forth the record by him in plead which the Crown's intervention is rather
ing alleged , or else he should be con executive than judicial.
demned ," and on his failure to do so his JUDICIAL SEPARATION . A married
antagonist had judgment to recover. This
variety of judgment still exists, but the woman may obtain a judicial separation
proceedings towards it have been much from her husband on the ground of his
simplified . cruelty, desertion , or adultery (20 & 21
See title NUL TIEL RECORD. Vict. c. 85, 8. 27) ; and upon the judicial
A judgment upon ( 11 ) a verdict, was the separation, the wife becomes a feme sole for
judgment of the Court pronounced after all purposes of property and of contract
the jury had given their verdict. This (20 & 21 Vict. c. 85, ss. 24–32 ); and upon
variety of judgment is of course still in the resumption of cohabitation, her pro
force . perty will remain separate , unless the
See title VERDICT, JUDGMENT UPON. parties should have otherwise agreed. A
husband may also have a judicial separation
JUDICATURE ACTS. These Acts are from his wife (although a divorce is more
the following : the Principal Act, 1873, usual) ; and upon any such separation , the
viz., 36 & 37 Vict . c. 66 ; the Commence Court may order a settlement of the wife's
ment Act, 1874 (37 & 38 Vict. c. 83) ; the unsettled property upon her husband and
Judicature Act, 1875 (38 & 89 Vict. c . 77) ; children, if any (20 & 21 Vict. c. 85 , 8. 45 ),
the Judicature Act, 1877 (40 Vict. c. 9) ; or upon the husband alone, if there are no
and to these may be added the Appellate children (41 Vict. c. 19).
Jurisdiction Act, 1876 (39 & 40 Vict. c . 59). See title MATRIMONIAL CAUSES.
The modifications introduced by these JUDICIAL WRITS. Were writs issued
various Acts in the Courts, are stated under the private seal of the Courts, and
under the title COURTS OF JUSTICE ; the not under the great seal of England ; they
modifications introduced by them in the were tested or wituessed not in the name
procedure and practice of the Courts gene of the king or his chancellor, but in the
rally are stated under the appropriate titles, name of the chief judge of the Court out
passim . of which theyissued. The word " judicial”
was used in contradistinction to “ original ; "
JUDICES PEDANEI. In Roman Law, original writs signifying such as issued out
were inferior or assistant judges, in the of Chancery under thegreat seal, and were
times of the extraordinaria judicia. They witnessed in the king's name. After the
had jurisdiction in causes up to 300 solidi ; Uniformity of Process Act (2 Will. 4, c. 39 ,
but the jurisdiction was consensual. They 8. 31 ), the distinction became almost use
combined the functions of judge and jury less ; and under the Judicature Acts, it is
( Hunter's Roman Law, 1st ed ., 804). abolished so far as regards writs of sum
mons for commencing actions, all of which
JUDICIAL COMMITTEE OF PRIVY are now tested in the name of the Lord
COUNCIL . Is a judicial body consisting of Chancellor, in whatever division they are
Privy Councillors established by the stat. issued .
3 & 4 Will. 4, c. 41. It consists of the See title WRIT OF SUMMONS.
JUDICIS POSTULATIO : See title LEGIS JURISDICTION , APPELLATE - contd .
ACTIONES.
matters coming up from the Court of
JUDICIUM SEMPER PRO VERITATE : Appeal in England,and the corresponding
See titles JUDGMENT, FOREIGN ; JUDGMENT, Court in Ireland, and the Court of Session
PLEA OF ; RES JUDICATA, PLEA OF. in Scotland, and only such original juris
diction as is incident to the due exercise of
JUGES D'INSTRUCTION . In French its appel late jurisdiction, or as belongsto
Law , are officers subject to the Procureur- it inthe matter ofpeerage questions. The
Imperial or Général, who receive in cases Privy Council is the Court of Appeal for
of criminal offences the complaints of the the colonies and dependencies of the Crown,
parties injured, and who summon and and also for matters ecclesiastical through
examine witnesses upon oath, and after out the Queen's dominions.
communication with the procureur- imperial
draw up the forms of accusation. They JURISDICTION, ORIGINAL : See title
have also the right, subject to the approval JURISDICTION , APPELLATE.
of the same superior officer, to admit the JURORS, IMMUNITY OF .
accused to bail. They are appointed for times juries were subject to punInishear
menly
t
three years, butare re -eligible for a further and intimidation for giving and in giving
period of office. They are usually chosen pro aga
certain verdicts, the chief cesses inst
from among the regular judges. them being two namely :
See title PROCUREUR GÉNÉRAL OR IM- ( 1.) By writ ,of attaint; and
PÉRIAL,
( 2.) By summary fine and imprisonment.
JUNTO . The junto was a popular nick First. Attaint was a process which lay
name applied to the Whig ministry between partly by the Common Law and partly by
1693–96. They clung to each other for statute. The proceeding consisted in im
mutual protection against the attacks of panelling a jury of twenty - four to try the
the so -called Reactionist Stuart party. verdict of the twelve. The verdict of the
twenty -four was final, and if opposed to
JURAT ( from the Lat. juratus, sworn by). that of the twelve, it operated the two
The clause written at the foot of an affida- following effects, namely :
vit, stating when, where, and before whom ( 1. ) It annulled the former verdict ; and
the affidavit was sworn, is called the jurat. (2.) It convicted the twelve of perjury
JURE MARITI : See title MARITAL and false verdict.
RIGHT. Thereupon, the convicted jurors were
arrested and imprisoned and rendered
JURI PRO SE INTRODUCTO, etc. : See infamous for ever; their lands and goods
title CUILIBET LICET JURI, &c. were forfeited to the king, their wives and
children were turned out of their homes,
JURIS UTRUM . A writ that lay for their houses were throw n down , their trees
the succeeding incumbent of a benefice, to were rooted up, and their meadows were
recover the lands or tenements belonging ploughed. This proceeding was available
tothe church, which had been aliened by only in the case of a verdict in civil causes.
a
his predecessor ( Les Termes de la Ley ). Secondly, the summary process by fine
JURISDICTION . The right, power, or and impri sonme nt, although it was fre
authority which an individual or a Court quently resorted to, was admitted to be
has to administer justice. Thus the three illegal, as being against Magna Charta.
superior Courts of Common Law - viz., the The Star Chamber was the Court by which
King's Bench, Common Pleas, and Ex chiefly this summary jurisdiction was ex
chequer, have jurisdiction over all personal ercised ; and although in certain cases
actions throughout England ; that is, they there may have been good cause for the
have power and authority to hear and de Star Chamber to intervene ( it is alleged ,
termine suchactions throughout England . jurisd the cased the
e.g, inictionan exercjuries),
of Welsh still the
iseofitwere
JURISDICTION, APPELLATE . The Di- alike inexcusable. After the abolition of
visional Court has appellate jurisdiction the Star Chamber in 1641, the practice of
from all inferior Courts; but it has also a fining and imprisoning jurors for giving
large original jurisdiction independently of false verdicts was not altogether discon
such appeals. On the other hand, the tinued ; for in 22 Car. 2, it was again
Court of Appeal has a general appellate resorted to in the case of Bushell, who was
jurisdiction in matters coming up from the one of the jury who had ( notoriously
High Court of Justice, but it has no original against the truth ) found that Penn and
jurisdiction at all, excepting, such as is Mead had not preached in Gracechurch
incidental to the exercise of its appellate Street, contrary to the Act of Uniformity,
jurisdiction. And lastly, the House of the Five Mile Act, or the Conventicle Act.
Lords has a large appellate jurisdiction in This man Bushell, having been imprisoned
JURORS, IMMUNITY OF-continued. JURY - continued .
along with his fellow jurors upon the late jurors. A jury is either a common jury or
trial, sued out his writ of habeas corpus ; a special jury . A common jury consists of
and the cause of his imprisonment being persons between the ages of twenty-one
stated in the return made to his writ to be and sixty, who have £ 10 a year, beyond
that be had found a verdict in favour of reprises, in lands and tenements of free
Penn and Mead, contrary to the evidence and hold, copyhold, or customary tenure , or
also contrary to the direction of the judge in held in ancient demesne, or in rents issuing
matter of law , after argument upon the out of such tenements, in fee simple, fee
sufficiency or legality of that cause of tail, or for life, or £20 a year in leaseholds
imprisonment, Vaughan, C.J., ordered held for twenty-one years or any longer
Bushell to be released, holding in effect, term , or any term determinable on a life or
therefore, that jurors could not be fined or lives ; or being householders are rated to
imprisoned for an alleged false verdict, and the poor rate, or in Middlesex to the house
basing that opinion upon the following duty, in a value of not less than £30 ; or
grounds : who occupy a house containing not less
(1.) That the jury were the judges of the than fifteen windows. These qualifications,
evidence and found the same, and their however, do not extend to jurors of any
finding was the only evidence, no matter liberties, franchises, cities, or boroughs
what the alleged evidence adduced might possessing, civil or criminal jurisdiction.
be ; and This jury is called a common jury, because
(2.) That the judge's direction, even in the matter to be tried by it is only of a
matter of law , was not imperative or abso common or ordinary nature. A special jury
lute , but was hypothetical merely, for he consists of persons of the degree ofsquire
could not direct what the law was without or upwards, or of the quality of banker, or
first knowing the fact, and the jury had merchant, &c. It is called special, because
not as yet found the fact at the time he the matter to be tried by it is usually of a
gave his direction . special and important nature, and is sup
This sophism of the chief justice, which posed to require men of education and in
even a regard for liberty can scarcely pal telligence to understand it ( Jury Act, 1870,
liate, was effectual in causing the abandon 33 & 34 Vict. c. 77).
meat of the summary procedure against See titles GRAND JURY; PETTY JURY.
jurors for the future. The other and
regular proceeding, that by attaint, fell JURY, TRIAL BY, HISTORY OF. It is
gradually into disuse by reason of the a disputed point whether trial by jury
extreme severity of its consequences, and existed in Anglo-Saxon times, but the
it was eventually abolished altogether by following may be considered as traces of
the County Juries Act, 1825 (6 Geo. 4, that mode of trial in those times in its
c. 50), which substituted a motion for a rudest aspect :
new trial as the mode, and that is at the (1.) A law of Alfred, requiring a king's
present day the only mode, of impugning thane accused of homicide to purge himself
or, at any rate, reviewing the verdict of a of the charge with twelve king's thanes,
jury. This mode is available, moreover, in and a lesser thane under like accusation to
civil cases only. purge himself with eleven of his equals
and one king's thane ;
JURY. A jury is either a grand jury or (2.) One of the canons of the Northum
a petty jury ; and a petty jury may be brian clergy, requiring a king's thane to
either a common jury or a special jury. purge himself before twelve king's thanes
A grand jury is a jury (used in criminal of his own choice, twelveothers appointed
cases only ) before whom the accused person for him, and twelve British strangers, being
is brought, and the witnesses for the pro thirty-six men altogether, with similar pro
secution examined, in order that a true visions for lesser thanes andceorls ;
bill or indictment may be found or not. (3.) A law of Ethelred II., whereby the
The grand jury is composed of the most sheriff and twelve thanes in every wapen
notable freeholders in the county ; and in take were constituted a tribunal of justice ;
the case of boroughs having a separate and
sessions it is composed of the burgesses. (4.) The case of the monastery of Ram
A petty jury is a certain number of men sey, in which a controversy between the
( usually twelve) to whose decision the monastery and a certain private individual
matter in dispute between a plaintiff and having arisen regarding certuin lands, and
defendant is submitted, and who are bound a suit having been instituted about it in
upon their oaths to decide (or give their the County Court, the matter was referred
verdict) according to the evidence which to a committee of thirty -six thanes for its
is laid before them on the trial of the determination .
cause . Such men , individually, are called Now, it may be said that these bodies
JURY , TRIAL BY, HISTORY OF - con JURY, TRIAL BY, HISTORY OF-con
tinued . tinued .
were not jurors , but compurgators ; but to by their own knowledge as well as by the
this it is replied that compurgation was, in testimony of the witnesses.
Anglo -Saxon times ( as in all early ages),
a natural mode of evidence, being the oath JURY, TRIAL BY, PRACTICE OF : See
or oaths of the collective bodies to the title TRIAL BY JURY.
effect that they disbelieved the truth of JUS. Right, law, authority, &c.
the accusation (see title COMPURGATION ),
and it being, moreover, a more peculiar JUS ACCRESCENDI is used by our old
characteristic of the Anglo - Saxons that law writers to signify the right of survivor
they gave great weight to credit or general ship amongst joint tenants, &c.; and that
character, -a species of evidence but little was also the meaning of the phrase in
regarded in civilised times, e.g. , in the Roman Law ( Justinian's Inst. ii. 7. 4).
See title SURVIVORSHIP,
present day.
This rude mode of taking evidence JUS ACCRESCENDI PRÆFERTUR ONE
having been discontinued in Anglo -Nor RIBUS. The right of survivorship is pre
man times, there was introduced in those ferred to charges (not being alienations)
later times, in lieu of compurgation , an made by either of the joint tenants ; but,
inquest, or inquisition, i.e., inquiry into the nota bene, not to leases, mortgages, or any
particular circumstances or the details of other alienations in toto or pro tanto. In
the case, but evidence of character was not fact the maxim must be carefully guarded
even then (as it is not even yet) altogether even in its application to charges; e.g., if
laid aside. lands are delivered on a judgment, or
This inquest was made by sworn recog charge, the right of survivorshipis subject
nitors, being twelve or twenty -four in to such judgment or charge.
number, as well in civil as in criminal
proceedings. In the reign of Henry II., JUS AD REM signifies the inchoate or
the assize of novel disseisin , called also the imperfect right to a thing, in contradis
magna assiza, or grand assize, was intro tinctiou to jus in re, which signif ies the
duced, whereby, in a civil suit, the plaintiff complete and perfect right in the thing.
or defendant had his choice either to try The phrase is equivalent to the phrase jus
in personam the full expression of which
the dispute by combat, or to put himself on ,
this assize, which wascomposed of sixteen is jus in personam ad jus in rem acquiren
sworn recognitors, and in the same reign dum .
the ancientprivilegeof compurgation, pure JUS ALIANUM . A body of laws
and simple, was abolished . drawn up by Sextus Aelius, and consisting
In the reign of Henry III. trial by ordeal of three parts, wherein were explained re
was abolished, and trial by a petty jury in spectively, - (1.) The laws of the xii. Tab.;
criminal causes was introduced ; and with (2.) The interpretation of and decisions
that reign trial by jury, both in civil and upon such laws; and (3.) The forms of
in criminal matters, may be regarded as procedure. In date, it was subsequent to
having been for the first time completely the Jus Flavianum .
established, subject, however, to the fol
lowing qualification , namely, JUS CIVILE . In Roman Law, was the
The jurymen were originally themselves law peculiar to any particular state ( jus
the witnesses, and their verdict or finding proprium ipsius civitatis ).
was the result of their own knowledge, JUS DUPLICATUM , or DROIT DROIT .
unassisted by other testimony ; but it was Signifies the right of possession joined with
impossible that twelve men should always the right of property.
be acquainted with the circumstances of See title DROIT.
the matter before them , and the distinction JUS FLAVIANUM . A body of laws
of jurors from witnesses was early felt to be drawn up by Cneius Flavius, à clerk of
a necessity , and the distinction itself was, Appius Claudius, from the materials to
in fact, made at some early but unassign which he had access. It was a populari
able date . It is probable that as the law zation of the laws.
of evidence became gradually better under
stood, and the weakness of character JUS GENTIUM . In Roman Law , was
evidence became gradually more apparent, the law common to two or more states
so the distinction referred to became gradu (quasi quo jure omnes gentes utuntur).
ally more and more perceived to be neces JUS IN PERSONAM . Is a right against
sary and to be taken , until, at the present any individual in particular, and having
day, the distinction is become marked and for its object the acquisition of a jus in
essential. And yet, even at the present rem ( jus in personam ad jus in rem acqui
day, the jury may and do assist themselves rendum).
JUS IN RE . Is a right of enjoyment JUS QUIRITIUM . The old law of
( either limited or unlimited) in or over a Rome, that was applicable originally to
thing, whether that thing be a res aliena Patricians only, and under the xii. Tab.
or a res propria. to the entire Roman people was so caller ,
JUS IN RE ALIENĀ. Is the right of in contradistinction to the jus prætorium
enjoyment which is incident not to full or equity.
ownership or property, but to certain JUS RECUPERANDI, INTRANDI, &c.,
limited ownerships in or rights over or in is the right of recovering and entering
respect of the thing. lands (Tomlins ; Cowel).
See titles EASEMENTS; SERVITI DES. JUS RESPICIT EQUITATEM . The
JUS IN REM. Is a right availing law has always regard (more or less) to
against no individual in particular, but all natural justice or equity, and may qualify
the world in general. or withhold its own process accordingly.
See title JUS IN PERSONAM. And now the law is obliged to observe all
that portion of natural equity which was
JUS IN RE PROPRIÂ. Is the right of enforceable in the Court of Chancery.
enjoyment which is incident to full owner See title LAW AND EQUITY.
ship or property,and is often used to denote
the full ownership or property itself. It is JUS SCRIPTUM VEL NON SCRIPTUM .
distinguished from jus in re alienâ, which The jus scriptum is “ enacted ” law, from
is a mere easement or right in or over the the word scriberé (Gr. Ypape.v ) to enact; it
property of another. therefore comprises the English statute
law ; and in Roman Law, it comprised
JUS LATIUM. In Roman Law, was a statutes and statute - like enactments only.
rule of law applicable to magistrates in The jus non scriptum is all the remaining
Latium ; it was either majus Latium or or unenacted portion of the law - to wit,
minus Latium ,—the majus Latium raising the common law or general customary law
to the dignity of Roman citizen not only of England, and the jus moribus consti
the magistrate himself but also his wife and tutum of the Roman Law (Nam quid
children ; the minus Latium raising to that interest utrum suffragio populus volun
dignity only the magistrate himself. tatem suam declaret, an rebus ipsis et
factis ?). The difference between the two
JUS NATURALE . In Roman Law, was kinds of laws is well brought out in the
often used interchangeably with the jus following extract from the judgment of
gentium ; but in its stricter sense it was Pollock , C.B. , in the case of Chappel v.
that law which nature has taught all the Purday, 14 Mee. & W. 316 :
animals (quod natura omnia animalia “ Two questions of importance were
docuit). raised in the course of the argument.
JUS NON SCRIPTUM : See title Jus The first is, whether at Common Law a
SCRIPTUM , &c. foreigner residing abroad, and composing a
work , has a copyriglit in England. The
JUS PAPIRIANUM . In Roman Law , second is, whether such foreign author, or
was a body or collection made by Sextus his assignee, has such a right by virtue of
Papirius of all the extant leges regiæ , or the English statutes. . We are all of
laws enacted by the early kings of Rome, opinion that no such right exists in a
and which were prior to the laws of the foreigner at the Common Law ; but that it
Twelve Tables. is the creature of the municipal law of
JUS POSTLIMINII is the right of resti each country, and that in England it is
tution after re -capture as applied in mari altogether governed by the statutes which
time law, -a use of the phrase which is have been passed to create and regulate it.
derived from the Roman jus postliminii, A foreign author having, therefore, by the
which restored the citizen of Rome who Common Law , no exclusive right in this
had been made a slave to his threshold, country, the only remaining question is,
i.e., to his franchise, upon his return home, whether he has such a right by the Statute
and feigned or assumed that he had never Law ; and this depends on the construction
of the statutes relating to literary copy
in fact been in captivity at all. The term right which were in force at the time of the
is therefore metaphorically used in Admi. transaction in question ."
ralty Law to signify the resumption by
Law of an original inherent right to a re JUS TERTII. This phrase, which signi
captured British ship in the legal owners. fies literally the rightof some third person ,
But the phrase is also frequently used with is commonly applied in the following
an analogous meaning in other branches of manner : a tenant, it is true, cannot dispute
the law . the title of his landlord, but he may plead
See titles POSTLIMINY ; RE-CAPTURE . that such title has determined by convey.
JUS TERTII — continued . JUSTICES OF THE JEWS. Justices ap

ance or otherwise ; and so also a bailee pointed by Richard I. to carry into effect
when sued to re-deliver the goods bailed to the laws and orders which he had made for
him, cannot as a rule deny the right of the regulating the money contracts of the Jews.
bailor (who delivered them to him ) to re JUSTICES OF LABOURERS. Justices
cover the goods; nevertheless he may shew who were formerly appointed to try ques
that by transfer, assignment or otherwise, tions relating to the wages of labouring
the bailor's right to have the goods re men , who sometimes would not work with
delivered to him has determined . out having wages granted them , beyond
JUSTICES. Officers appointed by the the amount prescribed by the Statute of
Crown to administer justice. The various Labourers (23 Edw. 3).
sorts of justices will be found under their See title LABOURERS, STATUTE OF.
proper heads in the following titles. JUSTICES OF NISI PRIUS : See title
JUSTICES OF ASSIZE, or, as they are JUSTICES OF ASSIZE.
sometimes called, justices of nisi prius. The JUSTICES OF OYER AND TERMINER .
judges of the superior Courts, who go cir appointed the
certain persons
Were commission
cuit into the variouscounties of England king's , among whombywere
and Wales for the purpose of disposing of usually two judges of the Courts at West
such causes as are ready for trial at the minster, and who went twice in every year
assizes, are termed justices of assize. to every county of the kingdom ( except
See title CIRCUITS.
London and Middlesex ), and at what was
JUSTICES IN EYRE . So called from usually called the assizes heard and deter
the old French word eire, i.e., a journey, mined all treasons, felonies, and misde
meanors .
were those justices who in ancient times
were sent by commission into various JUSTICES OF THE PEACE , Certain
counties to hear more
as were termed pleasespecially such causes
of the Crown; they justices appointed by the king's special
commission under the great seal, jointly
differed from justices of oyer and terminer, and separately to keep the peace of the
inasmuch as the latter were sent to one
place, and for the purpose of trying only a county where they dwell. Any two or
limited number of specialcauses ; whereas more of them are empowered by this com
the justices in eyre were sent through the mission to inquire of and determine
various counties with a more indefinite and felonies and other misdemeanors, in which
number some particular justices,or one of
general commission ; in some respects they them , are directed to be always included,
resembled our present justices of assize, and no business is to be done without their
although their authority and manner of presence, the words of the commission
proceeding differed much from them .
See title EYRE. runningthus : “ quorum aliquem vestrum ,
A. B. C. D., & c., " unum esse volumus ,"
JUSTICES OF THE FOREST. Were offi- whence the persons so named are usually
cers who had jurisdiction over all offences called justices of the quorum .
committed within the forest against vert or
venison. The Court wherein these justices JUSTICES OF THE PEACE , ORIGIN OF.
sat and determined such causes was called The origin of these magistrates is to be
the justice seat of the forest. They were found in the reign of Edward I. , who by
alsosometimes called the justices in eyre the stat. 3 Edw. 1 ( Statute of Westminster
of the forest. the First) c. 9, and by the statute of
See title VERT AND VENISON. Coroners (4 Edw . 1 , stat. 2 ), but chiefly
JUSTICES OF GAOL DELIVERY. Those by the statute of Winton, otherwise Win
chester (13 Edw. 1 ), directs that every
justices who are sent with a commission to county and town 'should be well kept, and
hear and determine all causes appertaining that upon any robbery or felony committed
to persons who for any offence have been therein, hue and cry should be raised upon
cast into gaol. Part of their authority the felon , and they that kept the town
was to punish those who let to mainprise were to follow him with hue and cry from
those prisoners who were not bailable by town to town with all the town and the
law ; and they seem formerly to have been towns near ; and failing capture, the hun
sent into the country upon this exclusive dred was made liable for the damage. In
occasion, but afterwards had the same au the reign of Edward III., conservators of
thority given them as the justices of assize. the peace were appointed, whose duty it
JUSTICES OF THE HUNDRED were was to assist the sheriff, coroner, and con
hundredors, lords of the hundreds, they who stable, and they were empowered to im
had the jurisdiction of hundreds and held prison and punish rioters and offenders.
the Hundred Courts. These conservators were afterwards desig
JUSTICES OF THE PEACE , ORIGIN OF JUSTIFYING BAIL - continued .
-continued.
the plaintiff ( 1 Arch . Prac. 847–57 ; Tidd.
nated justices of the peace. By a more 149).
recent statute, 27 Eliz. c. 13, the sheriff or JUVENILE OFFENDERS : See title RE
constable was required to make the pursuit FORMATORY .
both with horse and foot; and to the
present day, hue and cry in that manner
may still be made under that and the
previous statutes, but is seldom if ever in K.
fact made, owing to the equally effective,
if not so speedy, remedy which is provided KEEPER OF THE GREAT SEAL. A
in the ordinary police and criminal pro high officer of state, through whose hands
cesses for theapprehension and punish pass all charters, grauts, and commissions
ment of offenders. of the king under the great seal. He is
JUSTICES OF THE QUORUM : See title styled Lord Keeper of the Great Seal, and
this office and that of Lord Chancellor are
JUSTICES OF THE PEACE ; QUORUM . usually united in oneperson ; for the autho
JUSTICIAR : See title LORD CHIEF Jus- rity of the Lord Keeper and that of the
TICE. Lord Chancellor were,by stat. 5 Eliz. c. 18,
declared to be exactly the same ; and like
JUSTICIES, WRIT OF. A writ which Lord Chancellor, the Lord
used to be directed the sheriff, empower-
the present
the day is created by theKeeper at
mere de
ing him for the sake of dispatch to try an livery of the king's great seal into his
action in his County Court for a larger custody (Comyns' Dig. tit. Chancery).
amount than he had the ordinary power to
do. It was so called because it was a com KEEPER OF THE PRIVY SEAL . An
mission to the sheriff to do the party justice officer through whose hands pass all char
(4 Inst. 266 ). ters signed by the king before they come to
See title COUNTY COURTS. the great seal. He is a privy councillor,
JUSTIFIABLE HOMICIDE : See title and was anciently called clerk of the privy
HOMICIDE.
seal, but is now generally called the Lord
Privy Seal (Rot. Parl . 11 H. 4).
JUSTIFICATION . Pleas in justification KIN, NEXT OF : See titles COLLATERAL
or excuse are such as shew some justifica CONSANGUINITY ; LINEAL CONSANGUINITY ;
tion or excuse of the matter charged in the NEXT OF KIN.
declaration, the effect of which is to shew
that the plaintiff never bad any right of KING : See titles PREROGATIVE ; SUCCES
action because the act charged was lawful ; SION TO CROWN, LAW OF ; Civil List,
SETTLEMENT OF.
a plea of son assault demesne is one of
this kind of pleas ( Stephen on Plead. 224). KING, PREROGATIVE OF : See title
And so in actions of libel, the defendant PREROGATIVE .
justifies on the score either of privilege, or KING'S BENCH . Was the supremo
of truth, or such like.
Court of Common Law in the kingdom,
JUSTIFYING BAIL. If the act of consisting of a chief justice and four puisné
proving to the satisfaction of the Court justices, who, by their office, were the
that the persons put in as bail for the sovereign conservators of the peace and
defendant in prosecution are competent and supreme coroners of the land . The Court
sufficient persons for the purpose. No of King's Bench was so called because the
persons are justified in becoming bail for king used formerly to sit there in person ,
a defendant unless they are householders the style of the Court being coram ipso
and possess certain other qualifications rege. This Court was a remnant of the
with reference to property, &c.; but it fre- Aula Regis, and was formerly not sta
quently happens that persons become, or tionary in any particular spot, but attended
endeavour to become, bail for an accused the king's person wherever be went, pro
person, who are not so qualified , or whom cess issuing out of that Court in the king's
the prosecuting plaintiff suspects not to be name being returnable , “ ubicunque fueri
80 qualified : in this case the plaintiff mus in Anglia ,” (4 Inst. 13).
objects to such bail (or, as it is termed, See title COURTS OF JUSTICE .
excepts to them ) ; and they are then called KING'S CHAMBERS. Are the bays,
themselves,toand
to justifythemselves
on swearing this they do 1 gulfs, &c., forming portion of the maritime
by be householders,
and to possess the other qualifications re territory.
quired of them ; and this is termed justi- KING'S COUNSEL . Barristers selected
fying bail. They frequently justify volun- on account of their superior learning and
tarily, without being required to do so by talent to be bis majesty's counsel; the
KING'S COUNSEL - continued . LACHES ( from the Fr. lâchesse, indo

only outward distinction between these lence). Negligence, delay, &c. Thus, in
and other barristers is, that they wear silk Littleton, “ laches of entry,” signifies a
gowns and take precedence in Court. The neglect in the heir to enter ( Litt. 136 ;
two principal of the king's counsel are Les Termes de la Ley). Laches is a ground
called the Attorney and Solicitor-General, for refusing relief in Courts of Equity,
upon the maxirn of these Courts, “ Vigil
and none of these counsel can plead pub antibus non dormientibus æquitas sub
licly in Court for a prisoner or a defendant
in a criminal prosecution without a licence venit ” ; and so strong is the aversion to
obtained for that purpose from the Crown. bringing forward stale demands, that the
( Fortescue, de Legibus, c. 50). Courts of Equity, at any rate in the matters
which are subject to their exclusive juris
KING'S PEACE. Means the peace of diction, refuse to relieve even within the
the people of the country generally ; e.g., statutory periods of limitation ; although,
criminal offences are contrary to the king's of course, in matters which are subject to
peace, i.e., to the peace of the people of the their concurrent jurisdiction, they must
country generally. allow the plaintiffhis full legal period .
See title CRIME.
LADING, BILL OF : See title BILL OF
KNIGHT SERVICE. A species of feudal LADING.
tenure, which differed very slightly from a LÆSE MAJESTY. An old term of law,
pure and perfect feud, being entirely of a
military nature ; and it was the first, most designating the crime of attempting any.
universal, and most honourable of the thing against the king's life, or to raise
feudal tenures. To make a tenure by sedition against him, or to create disatfec
knight service, a determinate quantity of tion in the army (see 2 Reeve's Eng. Law ,
land was necessary, which was called a 5, 6). The modern equivalent is High
TREASON .
knight's fee, the measure of which was esti See title TREASON .
mated at twelve plough -lands (Spelman,
219 ; 2 Inst. 506 ) . This tenure was com LESIONE FIDEI, SUITS PRO. Suits or
muted into free and common socage by the actions for breach of faith in civil contracts,
stat. 12 Car. 2, c. 24, but some remnants of which the clergy, in the reign of Stephen ,
it still remain in the tenures of grand ser introduced into the spiritual Courts, were
jeanty and petit serjeanty . so termed . By means of these suits they
See titles FEUDAL SYSTEM ; GRAND took cognizance of many matters of con
SERJEANTY ; PETIT SERJEANTY . tract which in strictness belonged to the
KNIGHT'S FEE : See title KNIGHT SER temporal Courts. It is conjectured that
the pretence on which theyfounded this
VICE .
claim to an extended jurisdiction was that,
KNIGHTS OF THE SHIRE . Knights of oaths and faith solemnly plighted being
the shire, otherwise called knights of Par of a religious nature, the breach of them
liament, are two knights or gentlemen of belonged more properly to the spiritual
property who are elected by the freehold than to the lay tribunals (1 Reeves, 74 ).
ers of a county to represent them in Par These suits, along with the jurisdiction
liament. In old times they were required assumed over express and implied or result
to be real knights girt with the sworil, but ing uses, open or secret, contributed to the
now notable esquires may be chosen, aud development of certain branches of the
in fact any one, no matter what his station equitable juristliction of the Court of
in life or his degree in society. They Chancery.
required to possess, as a qualification to be See title LAW AND EQUITY ,
chosen, not less than £ 600 per apnum of LAKE . If inland and non -tidal, tho
freehold estate. But, at the present day, soil and the water of the lake and the
all property qualifications in members of fishery therein belong to the owner or
Parliament have been removed . owners of the land or lands by which it is
See title MEMBER OF PARLIAMENT. surrounded ; and if inland and tidal, or if
exposed on one side to the sea, a lake
together with the fishery therein belongs
L.
to the Crown ( Bristow v.Cormican, 3 App.
Cas. 641).
See title RIVERS.
LABOURERS, STATUTE OF. An Act of
1340 (23 Edw . III .), whereby and by other LAMMAS LANDS. Are a species of
statutes between that year and 1368, common-lands, but the right of pasture
attempts were made to regulate wages, and over which is only during the interval
to enforce compulsory labour. between the removal of the crops grown
See titles WAGES ; WORKMEN . thereon in each year and the time for pre
LAMMAS LANDS - continued . LAND, REGISTRATION OF : See title
paring the land for the next sowing. In REGISTRY OF DEEDS.
order to make a right of common over LAND, SALE OF. Contracts for the sale
lammas lands appurtenant to particular of land if entered into after the 31st De
lands, there must be some relation between cember, 1874, are now regulated as to their
the enjoyment of the particular lands and conditions and partly as to their incidents
the enjoyment of the right of pasture, e.g., by the Vendors and Purchasers Act, 1874
where the right claimed is. for the beasts (37 & 38 Vict. c. 78). At a sale of land
which plough the particular lands, or for by auction , the vendor may reserve a price
the beasts used on such lands not exceed ( if he do so expressly in his conditions
ing a certain number ( Baylis v. Tyssen of sale) ; and he may in like manner em
Amhurst, 6 Ch . Div. 500 ). ploy one person to bid. In a sale by the
LANCASTER CHANCERY COURT : See Court, the biddings are not now opened
title LANCASTER, DUCHY OF. (30 & 31 Vict. c. 48).
See titles AUCTION ; CONDITIONS OF
LANCASTER, DUCHY OF. The lands SALE.
of this duchy are by stat. 1 Hen . 7, vested LAND -TAX . An annual charge levied
in the sovereign of England and his by the Government upon the subjects of
or her heirs for ever, but as a separate this realm in respect of their real estates,
inheritance of the Crown . The Court of
the Duchy is a Court held before the Chan
and also in respect of offices and pensions,
but not (since & 5 Will. 4, c. 11 ) in re
cellor or his deputy, and the proceedings spect of their personal estates. The method
have always been like those in the High of raising it is by charging a particular
Court of Chancery, which latter Court has sum upon each county according to a
also concurrent jurisdiction with the Lan certain valuation, and this sum used to be
caster Chancery Court. The stats. 13 & 14 assessed and raised upon individuals by
Vict. c. 43, and 17 & 18 Vict. c. 82, largely commissioners duly appointed for that
regulate the jurisdiction. purpose (2 Burn's Justice, 61 ). It was
LAND . This word bas a very compre first introduced by the stat. 4 Will. 3, c. 1 ,
hensive signification in law ; for it compre and was analogous to the old scutage and
hends not only land or ground, but also bidage of lands. The tax was made per:
anything that may stand thereon, as a petual by 38 Geo. 3, c. 60, and was fixed
house, a castle, or a barn . It has also at 48. in the pound, and was made redeem
an indefinite extent upwards as well as able by the landowner. Under the stat.
downwards, " · Cujus est solum ejus est 16 & 17 Vict. c. 74, further facilities are
usque ad cælum , et deinde usque ad in afforded for the redemption of this tax,
feros,” being the maxim of the law ; and which is now generally redeemed . It is
therefore no man may erect any building usually by express agreement thrown on
or the like to overbang another's lands, the occupying tenant.
and whatever is in a direct line between See titles TaxATION, HISTORY OF ;
the surface of any land and the centre Taxation, VARIETIES OF.
of the earth belongs primâ facie to the LAND TRANSFER ACT, 1875. This is
owner of the surface, so that the word the statute 38 & 39 Vict. c. 87, whereby
“ lands ” comprehends not only the face provision is made for registering the title
of the earth , but everything under it or to land whether of freehold or ofleasehold
over it (Co. Litt. 4 a). When , however, tenure, but not of copyhold or customary
the word " land " was used in a declara tenure. Freehold lands may be registered
tion of ejectment without any qualifying under the Act with either an absolute title
adjunct, it obtained a very restricted sense, or a possessory title ,—with an absolute
and meant arable land ( Salk . 256) ; in title, when the title produced is approved
such cases, therefore, the particular kind by the registrar, and with a merely posses
of land was usually stated (Cowp . 346 ; sory title when such evidence of litle is
11 Rep. 55 ; Adam's Eject. 31 ; 2 Ch . Pl. produced and such notices are given as
626, n . ( ), 6th ed ). are in that behalf required by the Regie
See titles ALIENATION ; ESTATE ; REAL ; try Office ; and where the title would be
& c . &c . absolute but for some specified estate, right ,
LAND CERTIFICATE. Upon the re or interest, the title may be registered as a
gistration of freehold land under the Land qualified title, that is as a title registered
Transfer Act, 1875, a certificate is given subject to the exception of such specified
to the registered proprietor; and similarly estate, right, or interest. A certificate
upon every transfer of registered land. of registration is given , and specifies
This registration supersedes the necessity whether the title is absolute, possessory, or
of any further registration in the register qualified . Leasehold lands ( being for aa life
counties. or lives, or for twenty -one years unex
LAND TRANSFER ACT, 1875 — contd . LANDLORD AND TENANT - continued .

pired ) may be registered , and either with to the premises by himself (see title Fix
or without a declaration of the title of the TURES). He is estopped from disputing his
lessor to grant the lease, and such declara landlord's title ( see title ESTOPPEL), but he
tion may be either absolute or qualified. may shew that that title has determined
An office copy of the registered lease is ( see title Jus TERTII). The relation of land
given, with an indorsement thereon regard lord and tenant may usually be determined
ing the lessor's title according to its nature. by notice to quit given in accordance with
And , as regards both freehold and lease the terms ( express or implied ) of the agree
hold lands, mines and minerals are to be ment of tenancy .
separately registered , even where they be See title NOTICE TO QUIT.
long to the surface owner. The registra LANDS CLAUSES CONSOLIDATION
tion is subject to all incumbrances ( if any), ACT, 1845. This is the stat. 8 & 9 Vict.
and likewise to all easements ( if any ). c . 18, and is in general incorporated (or
After land is once registered , no title by some specified portions thereof) are incor
adverse possession can be acquired as porated in every Act (called special Act ),
against the registered owner. Incum
brances are to be registered , and the regis passed to authorize some undertaking of a
tration thereof implies all the usual cove public character, and for the effectuating
nants, powers, and provisoes contained in of whose objects lands must be acquired .
mortgage deeds. Subsequent transfers of The Act provides for the purchase of lands
and dealings with the land, are effected by by agreement between the promoters of
simple entries thereof on the register ; and the undertaking and the owners of the
a new land certificate, or office copy lease, lands required to be taken ; and also for
is given . Trusts are not to be entered on the acquisition of the necessary lands by
the register. means other than agreement, in which
latter case the amount of the compensa
See title REGISTRY OF DEEDS. tion for the lands taken is to be settled
LANDLORD . He of whom lands or either by the verdict of a jury or by arbi
tenements are held (Co. Litt.). When the tration. In the case of persons under dis
absolute property in, or fee-simple of, the ability or absent from the kingdom , valua
land belongs to a landlord he is then some tion is the mode of ascertaining their
times denominated the ground landlord in proportion of the purchase or compensation
contradistinction to such an one as is pos money. Usually, the costs are borne by
sessed only of a limited or particular inte the promoters. The Act provides forms
rest in land, and who himself holds under of conveyance to the promoters, and the
a superior landlord . execution of such conveyances has the
See titles GROUND RENT ; LANDLORD effect of vesting in the promoters the fee
AND TENANT. simple of the lands purporting to be there
LANDLORD AND TENANT. This by conveyed , free of alltermsof years, and
of all tails, and other qualifications what
phrase expresses a familiar legal relation , soever ; but conveyances of copyhold lands
involving many peculiar rights, duties, must (like other conveyances of such
and liabilities. The relation is contrac
lands), be enrolled on the Court rolls, and
tual, and is constituted by a lettingor must be thereafter enfranchised . The
agreement to let (see title LEASE). The promoters may also redeem mortgages on
landlord is entitled to be paid a stated the lands purchased or taken , and may
rent, and may enforce payment thereof procure the release of rentcharges and the
either by action, or by distress, or by entry surrender of leases, upon such terms as
( see titles DISTRESS ; EJECTMENT ). The
they can agree upon or (failing agreement),
tenant is entitled to the possession and as can be settled by the verdict of a jury or
quiet enjoyment of the premises so long as by arbitration in the usual way. Super
he pays his rent and duly observes and fluous lands may be sold by the promoters,
performs the other stipulations contained the original owner thereof having the
in his contract (see title COVENANTS ). A option of re-purchase, and after him the
failure in the performance of any covenant nearest adjoining owners, unless the land
works a forfeiture (see title FORFEITURE ), is situate within a town, or is building
unless the landlord chooses to waive the
land, or land built upon.
breach (see title Waiver ). The tenant is
also bound to keep and leave the premises LAPSE . (1. ) As applied to church liv
in good repair, and will be liable for Dila ings, it denotes a species of forfeiture by
pidations (see titles DILAPIDATIONS ; RE which the right of presentation to a church
PAIR, COVENANT To ); but he is permitted accrues to the ordinary by the neglect of
during the term of his lease, but not after the patron to present; to the metropolitan
wards, to unfasten and remove all tenant's by the neglect of the ordinary ; and to the
fixtures so - called which have been affixed king by the neglect of the metropolitun.
LAPSE - continued . LAPSE - continued .
(2.) As applied to legacies and devises, fore, unless the limitation over is made (as
it denotes the failure of a testamentary it commonly is made) to extend “ as well
gift through the devisee or legatee dying to the accruing as to the original shares,"
in the testator's lifetime. The mere addi there will be a lapse as to any accrued
tion of the words “ heirs and assigns ," or share of a predeceasing legatee or devisee
executors, administrators, and assigns," ( Pain v. Benson, 3 Atk . 80). Again, if a
or other words of limitation to the name devise or bequest is made to persons of a
of the predeceasing devisee or legatee in class in common tenancy, and the class is
the gift to him will not prevent a lapse to be, i.e. , can only be, ascertained at the
of the interest given ; and the rule is the date of the testator's death , the members of
same where the devisee or legatee is al the class who are surviving at that date
ready dead at the date of the will (May. will take the whole among them, notwith
bank v . Brooks, 1 Bro. C. C. 81). And standing that other persons who but for
although the legacy be of a debt, it is their prior death would have formed mem
liable to lapse in the same manner ( Elliott bers of the class may have predeceased the
v . Davenport, 1 P. Wms. 83 ) ; and although testator ( Viner v. Francis, 2 Bro. C. C. 658 ).
the legacy or devise be contained in a will As to whether lapse shall take place ornot,
made in exercise of a power the creation the cases of Willing v. Baine (3 P. Wms.
of which was by an instrument ( whether 113), and Humberstone v. Stanton, (1 V. & B.
deed or will ) taking effect before the death 385) should be contrasted . Where a devise
of the legatee or devisee, still even in this or bequest is made to one person in trust
case the legacy or devise will lapse in case for another, the legal estate will lapse in
the legatee or devisee predecease the testa case the devisee or legatee in trust, i.e.,
tor who exercises the power (Duke of the trustee, should predecease the testator,
Marlborough v. Lord Godolphin, 2 Ves. 78 ; but the beneficial interest, or interest of
Culsha v. Cheese, 7 Hare , 236). A mere the cestui que trust, will not therefore also
declaration that the devise or bequest shall lapse ( Eliott v. Davenport, 2 Vern. 520) ;
not lapse is ineffectual to prevent a lapse and conversely, in the case of a like devise
in case of the devisee or legatee predeceas. or bequest, the beneficial estate will lapse,
ing the testator (Pickering v. Stamford, and the legal estate will not lapse, in case
3 Ves. 493 ) ; but such a declaration, ifac the cestui que trust predecease the testator
companied with the designation of a sub and the trustee survives him ( Doe d.
stitute for the devisee or legatee in case le Shelley v. Edlin, 4 Ad . & E. 582). It has
predeceases the testator, would be valid to even been held (Oke v. Heath , 1 Ves. 135 ),
prevent a lapse ( Toplis v. Baker, 2 Cux, that an annuity bequeathed to C. and
121 ) ; and from the desire of the Courts to charged on a bequest to B. did not lapse
effectuate the intentions of testators, such by reason merely that B. predeceased the
designation of a substitute, where not ex testator, whereby the bequest to him lapsed.
pressly made, has been in a manner implied Some provisions have been made by the
from triting circumstances, e.g., in Gittings stat. 7 Will . 4 & 1 Vict. c. 26, against lapse
v. M'Dermott (2 My. & K. 69), Lord in certain cases, that is to say :
Brougham , C., in the case of a gift to the (1.) By s. 25 of that Act devises and
children of A., or to their heirs , held that bequests which would otherwise lapse are
the representatives of predeceasing children given to the residuary devisee or legatee
were entitled by way of substitution for (if there is one) ;
their parents, the word heirs, although (2.) By s. 32 of the same Act the devise
ordinarily a word of limitation, and not of of an estate tail to any one (whether child
purchase, being in that particular decision, or stranger) does not lapse by reason
and by reason chiefly of the two words or merely of the devisee in tail predeceasing
to which are italicised, construed as a word the testator, but takes effect in him if there
of purchase and not of limitation. Again, is any person who is his heir in tail at the
if the testator makes a gift to two or more testator's death ; and
persons jointly, there is , of course, no lapse (3.) By s. 33 devises or bequests made
if one or more of thejoint tenants survive, as to a child or children of the testator who
the survivors willtake by survivorship ; and predecease the testator, but leave issue sur
similarly, if the testator makes a gift to two viving the testator, do not lapse, but take
or more persons in common , and limits over effect in the predeceasing child or children ,
to the survivor or survivors the share of and devolve in case of the intestacy of
any predeceasing tenant, there is, ofcourse, the latter upon their heirs or next of kin ;
again no lapse if one or more of the tenants and in case they have made a will, then
in common survive, as the survivor will take according to the disposition or dispositions
under the limitation over. But it is the thereof contained in that will (Winter v.
rule of law in this latter case that there is no Winter, 5 Hare, 306 ; Johnson v. Johnson ,
survivorship upon survivorship ; and there 3 Hare, 157). It has been held , however,
LAPSE - continued . LATINI JUNIANI - continued .

that the 33rd section of the Act does not of manumission , were called Latini. By
apply to gifts under a limited, i.e., special, reason of one or other of these three defects,
power of appointment, where there is a they remained slaves by strict law even
gift over in default of appointment (Grif after their manumission , but were protected
fiths v. Gale, 12 Sim. 327) ; but it does in their liberties first by equity, and even
apply to a general power of appointment, tually by the Lex Junia Norbana A.D. 19,
even although there is a gift over in de from which law they took the name of
fault of appointment (Eccles v. Cheyne, Juniani in addition to that of Latini.
2 K. & J. 676).
LATITAT, WRIT OF. A writ, which
LARCENY. Larceny is the felonious before the Uniformity of Process Act, was
taking and carrying away of the personal used for commencing personal actions in
goods of any one from his possession with the King's Bench against a defendant
intent to convert them to the use of the
offender without the consent of the true seeking to evade the service of the writ.
owner. Larceny was formerly divided into It recited the bill of Middlesex, and the
proceedings thereon , and that the defen
grand and petty larceny; grand larceny in dant “latitat et discurrit,' lurks and
cluding the stealing of goods above the wanders about, and therefore commanded
value of 12d. ; petty larceny was when the the sheriff to take him , and have his body
value was 12d . or under. This distinction
was abolished by stat. 7 & 8 Geo. 4, c. 29, in Court on the day of the return .
See titles SERVICE ; SUBSTITUTED SER
and now all larcenies are subject to the VICE,
same incidents as yrand larceny. Larceny
is sometimes distinguished into simple and LAUDEMIUM . In Roman Law , was
compound ; simple larceny being larceny a fine payable to the dominus upon any
of goods only, compound Jarceny being lir alienation of his emphyteusis by the em
ceny from the person or habitation of the phyteuta to a purchaser, such purchaser
owner ( 1 Hale, 510 ). The law regarding not being the dominus himself. It is very
this offence is now consolidated by the similar to the tine paid by a copyholder to
stat. 24 & 25 Vict. c. 96, which renders his lord upon an alienation of the copyhold
also many things (both animate and inani tenement.
mate ) the subjects of larceny which for
various reasons were not so by the Common LAW . This word has various signi
Law . And under the stat. 18 & 19 Vict. fications. ( 1. ) In the most enlarged sense
c. 126, the offence of larceny may (with the in which the word can be used , it applies
consent of the accused ) be summarily tried not only to those rules, or systems of rules,
before justices. which different governments lay down for
LATENT AMBIGUITY. This is an the internal regulation of their respective
ambiguity which arises not upon the words communities, but also to those fixed and
of the will, deed , or other iostrument, as invariable principles in conformity with
looked at in themselves, but upon those which nature carries on her operations.
words when applied to the object or to the (2.) When , liowever, we wish to restrict
subject which they describe. The term is the sense , or to limit the application of
opposed to the phrase Patent Ambiguity. the word, we use it ordinarily in conjunc
The rule of law is, that extrinsic or parol tion with some other phrase; thus, when
evidence is admissible in all cases to remove we apply it to the principles of morality,
a latent ambiguity, but in no case to remove we call it not unfrequently the law of
a patent one. morals or of morality ; and when the same
See titles EXTRINSIO EVIDENCE ; Pa principles are applied to the regulation
TENT AMBIGUITY . of the conduct of nations in their inter
course with each other, it is then termed
LATHE, LATH , or LETH . Was a por the Law of Nations or International Law.
tion of a county containing three or more (3. ) The word “ Law , " however, in a still
hundreds or wapentakes ( Les Termes de la more limited sense , signifies that body, or
Ley). system , of rules, which the yovernment of
LATINI JUNIANI. In Roman Law , a country has established for its internal
were a class of freedmen ( libertini) inter regulation, and for ascertaining and defin
mediate between the two other classes of ing the rights and duties of the governed ,
freedmen called respectively Cives Romani and it is then commonly called Municipal,
and Dediticii. Slaves under thirty years i e., Civil Law , and, in popular language,
*
of age at the date of their manumission, or • the law of the land . "
manumitted otherwise than by vindicta , The various significations in which the
census, or testamentum, or not the quiritary term “ Law ” has been used in jurispru
property of their manumissors at the time dence, are thus given by Locke and Austin :
X
LAW - continued . LAW OF MARQUE : See title MARQUE
I. Locke's divisions of Laws, AND REPRISAL, LETTERS OF.
( 1.) Divine Law ,-being the Law of LAW , MARTIAL : See title MARTIAL
God natural and revealed ; Law.
(2.) Civil Law - being the Municipal
Law ; and LAW MERCHANT. One of the branches
(3.) Law of Reputation, being the of the unwritten or Common Law , consist
Law of Morality . ing of a particular system of customs used
II. Austin's divisions of Laws, only among ope set of the king's subjects,
( 1.) Divine Law , -being the revealed which, however different from the general
Law of God ; rules of the Common Law , is yet engrafted
(2. ) Positive Human Law , being Mu into it, and made a part of it,being allowed
nicipal Law ; for the benefit of trade to be of the utmost
(3. ) Positive Morality, being the Law validity in all commercial transactions,
of Morality ; and upon the maxim “ cuilibet in sua arte
(4.) Laws metaphorically ( i.e. abu credendum est.” This law of merchants
sively ) 80 called, being the comprehends the laws relating to bills of
laws of animatu and inanimate excliange , mercantile contracts, sale, pur
nature, which in Austin's chase and barter of goods, freight, insur
opinion ) are not laws at all ; ance, &c.
but therein he differs from all LAW OF NATIONS. The Law of Nations
English jurists of eminence. consists of a system of rules or principles
LAW AND EQUITY. The distinction deduced from the law of nature , intended
between Law and Equity is one which has for the regulation of the mutual intercourse
existed in many systems of jurisprudence, of nations. The law is founded on the
notably in the Roman and in the English principle, that the different nations ought
systems; and the distinction invariably to do to each other in time of peace as
comes to be abolished (more or less) in much good, and in time of war as little
course of time, the principles of Equity Tarm , as may be possible without injuring
coming to prevail over without destroying their own proper interests; and it compre
the principles of Law , until by positive hends the principles of national indepen
legislation there is effected a complete dence, the intercourse of nations in peace,
fusion between the two sets of principles, the privileges of ambassadors, consuls,
Justinian effected this fusion for Roman and inferior ministers ; the commerce of
Law ; and Queen Victoria by her two the subjects of each state with those of
Lords Chancellors (Selborne and Cairns) the others in times of war and of peace ,
has effected it for English Law . or of neutrality ; the grounds of just war,
LAW AND FACT. In litigation, it is and the modeofconducting it ; the mutual
duties of belligerent and neutral powers ;
customary to find the conjunction of law the limits of lawful hostility ; the rights of
and fact ; but occasionally there is no dis
pute about the facts, the question being conquest ; the faith to be observed in
warfare ; the force and effect of armistices,
entirely one of law ; and again there is fre of safe conducts and passports ; the nature
quently no dispute about the law, but a and obligation of alliances ; the means of
dispute purely about the facts. Matters of negotiation, and the authority and inter
law are for the judge, and matters of fact
are for the jury ; mixed matters of law and pretation of treaties.
See title INTERNATIONAL LAW .
fact are for the jury, but properly dealt
with they would be distinguished . LAW OF NATURE : See title Law.
LAW, EQUITY FOLLOWS : See title LAW PREVAILS : See title EQUITIES
EQUITY FOLLOWS THE LAW. EQUAL, Law PREVAILS.
LAW OF CITATIONS. In Roman Law, LAW OF TREASON : See title TREASON .
was an Act of Valentinian passed 426 A.D.
providing that the writings of only five LAW -WORTHY. Being entitled to, or
jurists, viz. Papinian, Paul, Gaius, Ulpian, | having the benefit and protection of the
and Modlestinus, should be quoted as autho law.
rities. The majority was binding on the LAY-DAYS. Otherwise called " running
judge; if they were equally divided , the days " are the days allowed for loading and
opinion of Papinian was to prevail, and in unloading vessels, without any payment as
such a case if Papinian was silent upon the
matter, then the judge was free to follow for demurrage. The contract of affreight
ment should fix the number of such days ;
his own view of the matter. and if it is silent, the law fixes them at
LAW OF EVIDENCE : See title Evi- what is reasonable.
DENCE, See title DEMURRAGE.
LAYING THE VENUE. Signified stat LEADING QUESTION - continued .

ing in the margin of a diclaration the interrogating. A counsel is said to put a
county in which the plaintiff proposed that leading question to a witness, when, instead
the trial of the action should take place. of putting a simple interrogation , he states
See title VENUE. a proposition as though he believed it to be
true, with a view of leading the witness
LAY, TO . Signifies to allege, to state, into the admission of it. Such questions
&c . , e.g .: “ No inconvenience can arise to may be asked upon cross -examination , but
the defendant from either mode of laying not upon examination in chief. They may
the assault ” ( Per Curiam , 2 Bos. & Pul. also be asked with a view to discrediting
427 ; 6 Mod . 38). one's own witness where he unexpectedly
See title LAYING THE VENCE.
proves adverse .
LEACH v. MONEY . A decision in 1765, See title EXAMINATION OF WITNESSES .
bearing upon the law of general warrants, LEASE . A lease is a conveyance of
and declaring their illegality. lands or tenements to a person for life, for
See title SEARCH -WARRANTS. a term of years or at will, in consideration
LEADING A USE. When lands were usually of a return of rent or some other
conveyed by fine or recovery, the legal recompense. The person who so conveys
seisin and estate became thereby vested in such lands or tenements is termed the
the cognizee or demandant. But if the lessor; and the person to whom they are
owner of the estate declared his intention conveyed the lessee ; and when a lessor so
that such fine or recovery should enure conveys lands or tenements to a lessee,
or operate to the use of a third person , he is said to lease, demise, or let them .
a use immediately arose to such third (4 Cruise, 58.) The lessor may grant the
person out of the seisin of the cognizee or lease either by virtue of lis estate, or by
demandant, and the Statute of Uses trans virtue of a power of leasing, and which
ferred the actual po : session to such use, power of leasing, may be vested in him
without any entry on the part of such third either by the deed of settlement or will, or
person . The deed by which the owner of by some enabling statute. For example, a
the estate so declared his intention with tenant for life is given a large ministerial
regard to the lands thus conveyed was power of leasing (see titles MINISTERIAL
termed either a deed to lead the uses, or a POWERS ; SETTLED ESTATES Act ). Anil
deed to declare the uses ; when executed other tenants for limited interests enjoy the
prior to levying the fine, or suffering like powers. The Crown also has a limited
the recovery, it bore the former appella power of leasing Crown lands.
tion ; when executed subsequent'y thereto, See titles CROWN LEASES ; ASSIGN
it bore the latter ( 1 Cru . Dig. 396 ). MENT ; CONVEYANCES; FORFEITURE ;
See also title CONVEYANCES , sub -title FRAUDS, STATUTE OF ; LANDLORD
DEEDS LEADING OR DECLARING Uses. AND TENANT ; TENANCIES ; UADER
LEADING CASE . Amongst the various LEASE ; &c ., & c .
cases that are argued and determined in LEASE AND RELEASE . A species of
the Courts, some, from their important cha conveyance commonly in use for conveying
racter, have demanded more than usual the fee simple or absolute property in
attention from the judges, and from this lands or tenements from one person to
circumstance are frequently looked upon another. In the reigns of Henry VI. and
as having settled or determined the law Edward IV . it was not unusual to transfer
upon all points involved in such cases, and freehold estates in the following manner ;
from the importance they thus acquire are A deed of lease was made to the intended
familiarly termed “ leading cases. Such , purchaser for three or four years ; and after
for instance, are those cases so well known he had entered into porsession , a deel
to the profession underthe title of “ Smith's of release of the inheritance was executed
Leading Cases ;" and similar collections to him, which operated by enlarging his
have been made of the leading cases in estate into a fee simple. When it was
Conveyancing Law ( Tudor's ), and in found that the Statute of Uses transferred
Equity Law (White & Tudor's ), and in the actual possession without entry, the
Mercantile Law (Tudor's) ; and of these idea of a lease and release was adopted .
voluminous collections Mr. Indermaur has This kind of conveyance was thus con
made several very handy epitomes for the trived :-A lease, or rather bargain and
use and convenience of students ; and there sale, upon some pecuniary consideration for
is also the collection of leading cases for one year was made by the tenant of the
students by Mr. Haynes. freehold to the lessee or bargainee, i.e., to
LEADING QUESTION . A question put the person to whom the lands were to be
or framed in such a form as to suggest the conveyed ; now thismade the vendor stand
answer sought to be obtained by the person seised to the use of the lessee or bargainee.
X 2
LEASE AND RELEASE - continued . LEAVE — continued .
and vested in the latter the use of the term (7.) To issue third-party notice, where a
for a year, to which the Statute of Uses remedy over is claimed and gene
immediately transferred the possession . rally (Order xvi.) ;
Thus the bargainee, by being in possession, (8.) To join with an action for the re
became immediately capable of accepting a covery of land any other cause of
release of the freehold and reversion (which action (Order XVII., 2) ;
must be made to a tenant in possession ), (9.) To join with claims by trustee in
and accordingly a release was made to him , bankruptcy claims by him per
dated the day next after the day of the sonally (Order XVII. , 3) ;
date of the lease for a year, which at once ( 10.) To defend an action when writ is
transferred to him the freehold. specially indorsed (Order XVI. , 1 ,
See title CONVEYANCES, sub -title LEASE May 1877) ;
AND RELEASE . ( 11.) To plead and demur together to the
LEASEHOLDS. Are personal estate and whole of a previous pleading
1
not real estate, this character having (Order xxvii ., 5) ;
attached to them in early times when the (12.) To plead, aſter demurrer is disposed
tenant or leaseholder was merely a bailiff of (Order xxvIII ., 12) ;
for his landlord . But under modern and ( 13.) To plead a further defence or
further reply ( Order xx., 1 , 2) ;
some ancient statutes they are assimilated (14.) To discontinue entire action at cer
in many important respects to real estate, tain stages of it (Order xxIII., 1 ) ;
e.g.: ( 15.) To withdraw entire defence or
( 1.) They are lands within the New counter-claim (Order XXIII . , 1 ) ;
Wills Act ( 1 Vict. c. 26) ;
(2.) They are chargeable with succes. (16.) To amend the pleadings in certain
cases and at certain steps of the
sion duty like land ( 16 & 17 Vict. action ( Order XXVII ., 1 ) ;
c . 51 ) ;
(3.) They are hereditaments within the (17.) To set down a special case, where
meaning of the 7th sect. of the married women, infants, or lunatics
Statute of Frauds; are concerned (Order xxxiv., 3 ,
4, 5 ) ;
(4.) They are hereditaments within the ( 18.) To countermand notice of trial
meaning of the 27 Eliz. c. 4 ;
(Order XXXVI ., 13) ;
(5.) They are hereditaments within
Locke King's Amendment Act, (19.) To issue execution in certain cases
1877 ; and (Order XLII .) ;
(20.) To issue a writ of attachment in all
(6.) They may be registered as regards cases (Order xliv ., 2) ;
title under the Land Transfer
Act, 1875. (21.) To renew writ of execution (Order
XLII., 16) ;
LEAVE . The leave of the Court is (22.) To appeal in certain cases;
often required for the doing of some legal (23.) To amend notice of appeal (Order
act; and when such leave is necessary , it LVIII ., 3) ; and
is usually obtained upon motion (by (24.) To adduce further evidence in cer
counsel ) in Court, but it may also (at least tain cases upon appeals ( Order
occasionally ) he obtained upon summons at LVIII ., 5).
chambers . Under the Judicature Acts, See title ORDER .
1873-75 , leave is required in the following
cases : LEET : See titles COURT -LEET ; SHE
(1.) To issue writ of summons for RIFF'S TOURN.
service out of the jurisdiction LEGACIES. These are bequests (i.e.,
(Order II ., 4) ; gifts by will) of personal property ; they
(2.) To make substituted service of writ are of three kinds, namely :
of summons, or to give notice in ( 1. ) General, called also pecuniary, lega
lieu of service thereof (Orders ix., cies, being a gift of money or other fungible
x .) ; substance inquantity ;
(3.) To serve writ of summons out of the (2.) Specific legacies, being a gift of ear
jurisdiction ( Order xi.) ; marked money, or of other ear-marked
(4). To amend writ of summons ( Orders fungible substance, in mass, or of any non
III., XXVII.) ; fungible substance by description ;
(5.) To appear (in the case of landlords) (3.) Demonstrative legacies, being a
where action is against tenant
for recovery of land ( Order XII.,
gift of money or other fungible substance
in quantity, expressed to be made payable
18, 19, 20) ; out of a specified sum of money or other
(6.) To appear to an action under Bills specified fungible substance ; but such
of Exchange Act, 1855 ; legacies become, upon any destruction of
LEGACIES —continued . LEGACIES - continued .

the specified source of payment, merely or other inevitable cause (Chapman v.
general legacies. Hart , 1 Ves. 271), or to fraud ( Shaftesbury
The following are examples of these v. Shaftesbury, 2 Vern . 747 ) ; or by the
three kinds of legacies, namely : destruction of the specific thing, although
( 1.) General legacies : £500 in cash it is insured and the insurance is recovered
(Richards v. Richards, 9 Price, 226) ; £50 after the testator's death , and although the
annuity payable out of, or charged upon , destruction occurred contemporaneously
the personal estate (Alton v. Medlicott, 2 with his death ( Durrant v. Friend, 5 De G.
Ves. 417 ); £20 to buy a ring ( Apreece v. & Sm . 343 ) ; or in the case of a debt, by
A preece,1 V. & B. 361 ) ; my stock (Good the discharge of the debt in the testator's
lad v. Burnett, 1 K. & J. 311) ; and, ordin lifetime ( Rider v. Wager, 2 P. Wms. 329 ) ;
arily, residuary gifts, ( Barker v. Raynor, 5 Madd. 208), although
(2. ) Specific legacies : sum of money in the debt should have been a mortgage
such a bag (Lawson v. Stitch, 1 Atk . 508) ; debt, and part of it is outstanding at the
sum of money in the hands of A. (Hinton testator's death on a new security ( Gardner
v. Pinke, 1 P. Wms. 540) ; A.'s debt v . Hatton, 6 Sim . 93) ; but, in general, the
( Fryer v. Morris, 9 Ves. 300); A.'s bond partial receipt of a debt is only an ademp
(Daries v. Morgan, 1 Beav. 405 ) ; my East tion pro tanto ( Jones v. Southall, 32 Beav.
India Bonds (Sleech v. Thorington, 2 Ves. 31) ; and a destruction by Act of Parlia
562) ; gift of one specified part of debt to ment of stock of one kind followed by a
A., and of residue thereof to B. ( Ford v. substitution for it of stock of another kind
Fleming, 2 P. Wms. 469) ; gift of debt to A. is no ademption (Partridge v. Partridge,
for life, remainder to B. ( Ashburner v. Cas. t . Talb. 226 ; Oakes v . Oakes, 9 Hare,
Macguire, 2 Bro. C. C. 108) : gift of a lease 666) ; as neither is the unauthorized al
of lands ( Long v. Short, 1 P. Wms. 403 ) ; though provident alteration during lunacy
and occasionally residuary gifts. (Page v. of a specific thing bequeathed by the lu
Leapingwell, 18 Ves. 463 ). natic when sane ( Taylor v. Taylor, 10 Hare,
(3.) Demonstrative legacies : £ 1000 out 475). A specific legacy is also adeemed
of my Reduced Stock (Kirby v. Potter, by an assignment of the specific thing, e.g.,
4 Ves. 748 ) ; £ 12,000 out of my funded leaseholds ( Covoper v. Maintell, 22 Beay.
property ( Lambert v. Lambert, 11 Ves. 607) ; 223) ; but not by a pawn or pledge thereof
£500 annuity or legacy payable out of, or (Knight v. Davis, 3 My. & K. 361 ), and the
chargedon, lands ( Savile v. Blacket, 1 P. exccutors must rederm same at the cost of
Wms. 778). the general estate, although the executors
These distinctions between legacies lead need not in the case of a bequest of fully
to the following consequences : paid -up shares, or of other like choses al
I. With reference to the Ademption of ready perfected in the testator's lifetime,
legacies: pay the calls which are made thereon sub
( 1 ). General legacies are not, as a sequently to the testator's death ( Armstrong
general rule, liable to ademption ; so that v. Barnet, 20 Beav. 424 ).
although locally described , the alteration (3.) Demonstrative legacies, like general
of locality by removal does not adeem the legicies, are not liable to ademption, the
legacy ( Norris v. Norris, 2 Coll. 719 ) ; but fund specified as that out of which they are
a general legacy to a child would be to be paid being the primary fund only, and
adeemed , i e. satisfied in whole, or pro tanto, the general personal estate bei liable in
by a subsequent portion given to that child subsidium (Savile v. Blacket, 1 P. Wms.
(see title SATISFACTION IN EQUITY) . 777 ); but such a legacy would be adeemed
(2.) Specific legacies are invariably lia if the specified fund were declared to be
ble to ademption, e.g., by the specific thing the only fund for payment ( Coard v. Holder
ceasing to belong to the testator and not ness, 22 Beav. 391 ) ; and, semble, it would
becoming his again at or before his death be adeemed , i.e. , satisfied, in the case of a
(Stanley v . Potter, 2 Cvx, 182), and with child by a subsequent portion to that
out reference to the animus audimendi of the child . ( See title SATISFACTION IN EQUITY.)
testator ( Ashburner v. Mucguire, 2 Bro. II. With reference to the Abatement of
C. C. 108 ) ; or even , in case of the specific legacies :
thing being specific by local description ( 1.) General legacies are liable to abate
merely, by the alteration of that description as between themselves in case the general
through the removal of the goods in the personal estate, and other the property ( if
testator's lifetime (Green v. Symonds, 1 any) available for their payment is insuffi
Bro. C. C. 127, n.; Heseltine v. IIeseltine, cient (after payments thereout which are
3 Mad . 276 ), unless the local description is of prior right) to pay them all in full, the
again in existence at the testator's death payments of prior right being debts, specific
Land v. Devaynes, 4 Bro. C. C. 537) ; or legacies, and demonstrative legacies which
unless the original removal was due to fire have remained demonstrative. A resi
LEGACIES—continued. LEGACIES - continued .
duary bequest, if general, abates with be payable, and will therefore carry interest,
general legacies ( Petre v. Petre, 14 Beav. as from the testator's death or as from one
197 ) ; but a general legacy which is given year after the testator’s death, according as
for value, e.g., for the relinquishment of they are or are not charged on land ( Varley
dower ( Burridge v. Bradyl, 1 P. Wms. v. Winn, 2 K. & J. 700 ) ; but
126 ; 3 & 4 Will. 4, c. 105, s. 12 ), or for (bb. ) If that time is not fixed for the con
the release of a debt actually due ( Davies venience of the estate merely, then it must
v. Bush , 1 Younge, 341), is preferred to other be observed ; and if it exceed the year, the
general legacies ; and similarly any legacy, interest will be proportionately delayed
although general, which the testator ex (Heath v. Perry, 3 Atk . 101 ) ; but if it fall
presses a clear intention should bo pre within the year, the interest will be propor
ferred ( Lewin v. Lewin, 2 Ves, 415). tionately accelerated ( Lord Londesborough
(2. ) Specific legacies are liable to abate v. Somerville, 19 Beav. 295) ; and
as between themselves, and pari passu ( c.) Whether the testator has fixed a time
with demonstrative legacies which have re of payment or not, the following other
mained demonstrative, but are preferred to legacies are payable, and therefore also
general legacies. carry interest , as from the testator's death .
( 3. ) Demonstrative legacies which have ( 1. ) A legacy which is in satisfaction of
remained demonstrative are liable to abate a debt, whether the testator's own ( Clark
as between themselves, and pari passu with v. Sewell, 3 Atk. 99 ) or another man's
specific legacies, but are preferred to ( Shirt v. Westby, 16 Ves. 393) .
general legacies (Roberts v. Pocock, 4 Ves. ( 2.) A legacy by a parent (Beckford v.
150) ; but demonstrative legacies which Tobin, 1 Ves. 310),or person in loco parentis
have become general are not so preferred ( Wilson v. Maddison , 2 Y. & C. C. C. 372)
(Mulling v. Smith, 1 Dr. & Sm . 210). to a legitimate child being an infant, but
III. With reference to the Repetition of not to a legitimate child being an adult
legacies, (Raven v. Waite, 1 Sw. 553), nor to a legi
See title SATISFACTION IN EQUITY. timate child although an infant, being
IV. With reference to the Satisfaction of otherwise provided with maintenance ( In
legacies, re Rouse's Extate, 9 Hare, 649 ), nor to an ille
See title SATISFACTION IN EQUITY. gitimate child ( Beckford v. Tobin, 1 Ves.
V. With reference to the Marshalling of 310), in the absence of an express direction
legacies, as to maintenance ( Newman v. Bateson,
See title MARSHALLING OF ASSETS. 3 Sw . 689 ).
VI . With reference to legacies being An (3. ) A legacy which is settled upon seve
nuities, raltakersin succession (Angerstein v. Martin ,
See title ANNUITY. T. & R. 232 ; Howe v. Dartmouth (Earl),
VII. With reference to the Lapse of 7 Ves. 137 ), and which is not a legacy of
legacies, consumable articles ( Andrew v. Andrew ,
See title LAPSE . 1 Coll . 690), other than stock in trade
VIII. With reference to Interest on (Philips v . Beal, 32 Beav. 25), or other
legacies : than farming stock (Groves v. Wright, 2 K.
( A.) General legacies carry interest from & J. 347), being an absolute gift.
the time they are payable. Therefore, (B.) Specific legacies carry interest from
(a . ) Where the testator has fixed no time the time they are payable,and being con
of payment, they are not payable until one sidered as severed from the bulk of the
year after his decease, and therefore only estate and appropriated for the benefit of
carry interest as from that date ( Child v. the specific legatee as from the death of the
Elsworth, 2 De G. M. & G. 679), unless testator, they carry interest as from the
they are charged on land, in which case death (Barrington v. Tristram , 6 Ves. 345) ;
they are payable, and therefore carry in and for that matter it makes no difference
terest, us from the testatur's death (Max that the testator has directed thein to be
well v. Wettenhall, 2 P. Wms. 26) ; and paid within twelve calendar months after
from whichever of these two dates they are his decease ( Bristow v. Bristow , 5 Beav .
payable, they will carry interest, although 289), or bas otherwise postponed the enjoy
the actual payment of the legacies them ment of the principal (2 Rop. Leg. 1250,
selves should be then impracticable ( Wood ed. ).
v. Penoyre, 13 Ves. 333), and whether the
assets are productive or not ( Pearson v.
(0) Demonstrative
remained legacieswhichhave
demonstrative , carry interest,
Pearson , 1 S. & L. 10 ) ; and semble, from the testator's death in like
(6.) Where the testator has fixed a time manner as specific legacies; but where they
for payment; are payable out of reversionary property,
( aa .) If that time is fixed for the con they carry interest, semble, only as from the
venience of the estate merely, they will date at which the reversion falls in ( Earle v .
LEGACIES — continued . LEGACIES - continued .
Bellingham , 24 Beav. 448) ; and if they avoid an intestacy ( Booth v. Booth, 4 Ves.
have ceased to be demonstrative, and are 399 ).
become general legacies, they are subject, All the foregoing statement applies
semble, to the rules above stated regarding equally to real and to personal estate ; but
the payment of interest on general legacies the Common Law, from the favour it shews
( Mullins v. Smith, 1 Dr. & Sm . 210). to the heir, who is always an ascertained
Where interest is payable, it is usually at or ascertainable person, holds that a legacy
the rate of 4 per cent. ( Wood v . Bryant, payable out of lands (not being also a deviso
2 Atk. 523), free of all deductions on ac- of the very lands themselves or part
count of cost of remittince or otherwise thereof), although it be vested, yet sinks
( Cockerell v. Barber, 16 Ves. 461 ). And for the benefit of the inheritance in case the
IX . With reference to the Transmissi- legatee dies before the period of actual en
bility of levacies : joyment, no matter whether the legacy be
In general, a legacy which is vested is, to a child as a provision or portion for that
in case of the death of the legatee subse- child (Pawlett v. Pawlett, 1 Vern . 321 ), or
quently to the vesting and previously to be to a stranger ( Smith v. Smith , 2 Vern.
the commencementof the actual enjoyment 92 ), unless where the postponement of the
of the legacy, transmissible to the personal enjoyment is for the convenience of the
representatives of the legatee, and the estato merely ( King v. Withers, 3 P. Wms.
Courts, both of Law and Equity, favour in 414 ), or unlessthe testator expressly directs
all cases the vesting of legacies. Thus, the contrary ( Watkins v. Cheek , 2 S. & S.
even at Law , all legacies are considered as 199). The like rules apply mutatis mu
vested unless where there is a condition tandis to legacies payable out of a mixed
precedent to the vesting ; and a legacy fund of real and personal estate ( Chandos
once vested will not be divested by any (Duke) v . Talbot. 2 P. Wms. 601 ). And
condition subsequent either at Law or in as to what amounts to an implied charge
Equity unless the latter condition is of legacies on land, where there are no
exactly fulfilled ( Harrison v. Foreman , 5 words of express charge, see Greville v.
Ves. 207 ; Doe d . Blakiston v. llaslewood , Broune, 7 H. L. C. 789 ; and for the
10 C. B. 514 ). Also , words of apparent extent of such a charge, see Gainsford v.
contingency are construed as words of Dunn , L. R. 17 Eq. 405.
futurity, and as having reference to the LEGACIES CHARGED ON LAND : See
period of enjoyn only and not of the
title LEGACIES.
vesting (Maddison v. Chapman, 4 K. & J.
709 ). --this latter principle being so strong LEGACY DUTY. This is a duty imposed
in the case as well of personal as of real upon personal property (other than lease
estate, that a bequest or devise to the chil- holds) devolving under any will or upon
dren of A. as a class vests in the existing any intestacy. It was imposed for the first
children of A. at the death of the testator, time in 1780, and became payable upon the
although A. is then living, and opens up receipt of the property (Green v. Croft, 2
to admit after- born children of A. (if any ) H. Bİ, 30 ) ; but under the stat. 36 Geo. 3,
successively as they are bom ( McLachlan v. c. 52, which regulates the duty at the
Taitt, 2 De G. F. & J. 419). And words present day, it is payable on the property
of apparent conditionality are in like man- itself, irrespectively of the receipt thereof,
ner construed as words of futurity, having and generally under the last-mentioned
reference to the enjoyment only and not to Act and the two subsequent stats., 45
the vesting (Manfield v . Dugard , 1 Eq. Ca. Geo. 3, c. 28, and 55 Geo . 3, c. 184, which
Abr. 194 ; Doe d . Whcedon v. Lea , 3 T. R. are supplementary to the prior Act, the
41 ; Pearsall v. Simpson , 15 Ves. 29) ; and duty is payable upon all legacies “paid,
conditions apparently precedent will, if delivered, retained , satisfied, or dis
possible, be construed as conditions subse- charged .”
qnent, so as rather to vest the estate mean- According to Hanson (Probate, Legacy,
wbile and leave it liable to be divested and Succession Duty Acts), p. 14 , - The
afterwards, than prevent it from vesting at legacy duties now in force are those im
all in the meantime ( Edwaris v. Hammond , posed by the 55 Geo . 3, c. 184, and the
1 Bos. & Pul. N. R. 321 , n . ) ; but, of course, duty is payable,
this cannot always be done (Bull v. Prit- (a.) For every legacy of the amount or
chard, 5 Hare, 567) ; and where the post value of £20 and upwards given
ponement of enjoyment is merely for the by will either
convenience of the estate, the future inte- (aa . ) Out of personal estate, or
rest will be held a vested interest (Bla- (bb. ) (Where testator has died since
mire v.Geldart,16 Ves.314) ;and although 5th April, 1805) out of real
the gift is residuary, the Courts strongly estate , or out of the proceeds
incline to construing it as vested, so as to of the sale or mortgage of real
LEGACY DUTY- continued . LEGACY DUTY - continued .

estate ; and also (whether there (a.) If the property is pure personal
is a will or not), — estate, and
(6.) For theclear residue ) either ( aa .) The appointment is made by
when devolving | (aa .) Of the will, the lex loci situs subjects
on
one person , | personal es the same to succession duty ,
and tate ; or although the domicile of
(c.) For every share of } (ib .) ( Where the testator should be differ
the clear residue testator or in ent from the situs of the
when devolving on testate lias property ; and this is 80 ,
two or more per- died since 5th whether the power be created
sons , April, 1805 ], by deed (In re Lovelace, 4
of the proceeds of the De G. & J. 310), or by will
sule or mortgage of real ( In re Wallop's Trusts, 1 De
estate ; G. J. & S. 656 ) ; and for
being a legacy, residue, or share of residue tiis purpose the situs may be
paid , delivered , retained, satisfied , or dis constructive merely ; but if
charged after the 31st August, 1815. (bb.) The appointment is made by
With reference to powers of appointment deed , then only the actual
over property, - situs, and not the construc .
( 1.) Where the power is general, an tive, determines ; and
appointment by will in exercise (6.) If the property is chattels real, or
of a power created either by deed real property generally, the lex
( In re Cholmondeley , 1 Cr. & Mee. loci rei sitæ guverns esclu
149 ), or by will , is a legacy under sively.
the will of the person exercising Legacy Duty is to be paid at the time
the power ; and it matters not when the property chargeable with it is
whether the gift under the ap transferred to, or retained for, the person
pointment be out of real or out of entitled (36 Geo. 3, c. 52, s. 6), and therefore
personal estate , or whether it be in the case of reversionary property not
the gift of an annuity or a speci until the same falls into possession, natu
fied sum of money ; and by the rally or by acceleration . (Contrast Src
joint effect of the stats. 36 Geo. 3, CESSION DUTY.) In case the reversionary
c. 52, s. 18, and 16 & 17 Vict. c. 51 , property should devolve under several
8. 4, the donee of the general wills or intestacies before it falls into pos
power ( i.e., the appointor), is session , a cumulative duty is payable in
chargeable with legacy or (at respect of every such will and intestacy
any rate ) succession duty, when ( Att.-Gen. y. Malkin, 2 Ph . 64). Contrast
hemakes an appointment; so that, SUCCESSION DUTY .) If any legacy or resi
in fact, two duties, semble, are due is not wholly satisfied or distributed
payable. at once, the duty may be paid on the value
( 2. ) Where the power is limited ,--an ap of the part from time to time satisfied or
pointment by will ( Att .-Gen. v. distributed, such value to be estimated as
Tenniker, 7 Ex. 331), or by deed the property exists at the time of satisfac .
(inSweeting tion or distribution, and not at the time of
exercisev.ofSweeting,
a power,
1 Dr. 331),
the testator's death ( Att.-Gen . V. Caven
( a .) Which is created by will, - is a dish, Wightw . 82). (Compare SUCCESSION
legacy under the will creating DUTY .) If the legacy is a gross sum vest
the power ; and ing at once in the legatee, then whether
(6.) Which is created by deed ,-is a the same be or not given over on a con
succession under the deed creat tingency, duty on the whole amount is
ing the power. payable all at once, with an apparent
In the case of a conflict of laws, right to be recouped any overpayment in
(1.) As regards personal property ( not case the gift over takes effect ; in which
being ehattels real), the law of the case the legatee -over becomes apparently
domicile determines the liability chargeable with the same, and becomes
to, or exemption from, legacy and certainly chargeable at the higher rate , if
also succession duty ( Thomson v. his rate should be bigher than that of the
Adv.- Gen ., 12 Cl. & F. 1 ; Wal first legatee (36 Geo. 3, c. 52, ss. 17, 34 )
lace v. Att.-Gen ., L. R. 1 Ch . 1 ) ; Compare SUCCESSION DUTY ) ;: but if the
(2.) As regards chattels the lex loci legacy is not a gross sum, but an annuity
real, and real pro - rei sitæ de for life or for years, then, whether the
property generally, I termines ; same be or not charged upon some other
(3.) As regards powers of appointment legacy, and whether the same be or not
over property, - given over on a contingency, duty is pay
LEGACY DUTY - continued . LEGAL ASSETScontinued .
able on the value only of the annuitant's degrees. At the present day, however, no
interest, calculated according to the tables practical distinction exists between legal
of the Act 16 & 17 Vict. c . 51 , and is to be and equitable assets, excepting as regards
paid by four successive annual instalments, the definitions of each , all distinctions of
such instalments being payable with the effect having been gradually abolished by
four first successive payments of the an statute.
nuity itself, with a right to be recouped See titles ADMINISTRATION OF ASSETS ;
any over -payment in case the gift over EQUITABLE ASSETS.
takes effect ; but in the case of a direction
to purchase an annuity, or of a perpetual LEGAL ESTATE : See title USES.
annuity, the duty is to be paid all at once LEGAL MEMORY. This, as distin
on the value of the annuitant's interest , guished from living memory, extends as
calculated as afores : id ( 16 & 17 Vict. c. 51, far back as the year of our Lord 1189,
s. 32). ( Compare Succession DUTY .) In being the year in which King Richard I.
the case of a legacy producing income to returned from Palestine. (Co. Litt. 114b ;
several persons in succession , 2 Inst. 238 ; 2 Ves. Sen. 511 ; 2 & 3 Will. 4 ,
(a .) If all the successive legatees are c. 71 , s. 1.)
chargeable with the same rate of duty, the See titles MEMORY OF MAN ; TIME ;
whole duty is payable at once for the TIME OUT OF MIND .
capital ofthe fund ; and
(6.) If the successive legatees are charge LEGAL WASTE : See title WASTE .
able with different rates of duty, the duty
is to be calculated and paid upon each suc LEGATORUM GENERA QUATUOR . In
cessive partial interest , in the same manner Roman Law there were four classes of
as if the same were an annuity , and , last legacies, viz.:
of all, upon the ultimate interest ( being the ( 1.) Per vindicationem, carrying a
absolute interest), in the same manner as direct property into the legatee;
if the same were an immediate bequest of (2.) Per damnationem , obliging the
the capital (36 Geo 3, c. 52, s. 12 ). (Com executor (hæres) to make the
pare SUCCESSION DUTY. ) In the case of property over to the legatee ;
legatees in joint tenancy, each is charge (3.) Sinendi modo, -obliging the exe
able at his own rate of duty in the first cutor to permitor suffer the legatee
instance upon his then share, and after to take the property bequeathed ;
wards (if it should so happen ) upon his and
accrued share. (Compare SUCCESSION DUTY.) (4.) Per præceptionem , — being a pre
In the case of a legacy of money directed ferential legacy.
to be converted into land ; The legacy per damnationem was fre
(a.) If the bequest is in fee, the gross quently said to be optimi juris, as being
amount is chargcable with duty as an ab most efficacious in law ; however, the
solute bequest; and Sctm . Neronianum made all the four classes
(6.) If the bequest is to several succes equally efficacious ; and Justinian abolished
sive persons, theinterest of each successor altogether the distinctions between them.
until the money is actually invested in LEGATUM OPTIONIS . In Roman Law ,
real estate is chargeable with duty as for
an annuity (36 Geo. 3 , c.52,s. 19), and any was a legacy to A. B. of any article or
articles that A. B. liked to choose or select
person becoming, absolutely entitled is out of the testator's estate. If A. B. died
chargeable with duty as upon an absolute after the testator, but before making the
bequest ; and after the money is actually
invested in real estate, each such person is choice or selection , his representative
chargeable as for succession duty (16 & 17 (hæres) could not prior to Justinian make
Vict . c. 51, s. 30). No legacy duty is pay the selection for him , but the legacy failed
able upon a fund which is specially pro altogether ; Justinian, however, made the
vided for the payment of duty , — " no duty legacy good and enabled the representative
to choose .
upon duty," -- 36 Geo. 3, c. 52, s. 21.)
(Compare SUCCESSION Duty.) LEGIS ACTIONES. In Roman Law ,
were the earliest forms of actions, and were
LEGAL ASSETS . As opposed to equit five in number , viz .,
able assets, were such assets as the executor (1.) Actio Sacramenti, which was the
was chargeable with at law in an action form most generally used ; .
brought there by a creditor of the deceased (2. ) Judicis Postulatio, all which
against him . In an administration of these (3. ) Diei Condictio, were sim
assets, unlike equitable ass ts in the Court (4.) Manus Injectio, and plifications,
of Chancery, creditors were paid in priority (5. ) Pignoris Capio, and ( in ef
oue over another according to their several fect) truncated forms of the actio sacra
LEGIS ACTIONES — continued . LEGITIMUM JUDICIUM - continued .
menti, and were only applicable in certain phrase expressing that these Courts were
cases . not dependent upon the strict law , but upon
These actions were in their nature very the authority of the prator or some other
formal and archaic ; and the actio sacra magistrate.
menti involved a deal of what to later ages LEONINA SOCIETAS. An attempted
appeared a sort of pantomime of quarrel partnership, in which one party was to
ling. They were therefore cumbrous and bear all the losses, and have no share in
also ( in the event of the slightest technical the profits ; this was a void partnership in
irregularity) fatal to litigants ; and for Roman Law ; and apparently it would also
these reasons, they went gradually into be void as a partnership in English Law ,
disuse, and were eventually abolished (with as being inherently inconsistent with the
only a very few exceptions) by the Lex notion of partnership ( Dig. xvii. 2, 29, s. 2 ;
debutia, B.c. 177. Code Civil , iii . ix . 3, 1855 ).
See title FORMLÆ . See titles PARTNERSHIP ; SOCIETAS ;
LEGITIMA QUARTA : See title INOFFICI SOCIÉTÉ .
OSUM TESTAMENTUM , LEPROSO AMOVENDO, WRIT OF. A
LEGITIMACY , DECLARATION OF. writ that lay for the removal of a leper,
Under the stat. 21 & 22 Vict. c. 93, upon or lazar, who obtruded himself upon the
application by petition supported with an company of his neighbours, either in the
affidavit in the High Court of Justice, church or other public place of meeting
Probate , Divorce, and Admiralty Division, in a parish (H. N. B. 423 ; Les Termes de
any one being either domiciled in England la Ley ).
or claiming any real or personal estate LE ROY LE VEUT. The Royal assent
situate in England may obtain from the to public bills used to be given in these
Court a decree that he is the legitimate words ; and to private bills the words used
child of his parents, or that the marriage to be soit fait comme il est désiré, i.e., let it
of his father and mother or grandfather be done as it is desired ; but when the
and grandmother was a valid marriage, or Royal denial was given to a bill, the words
that his own marriage is a valid marriage. were le roy s'avisera, i.e., the king will
A copy of the petition and of the affidavit advise upon it.
in support nust be delivered to tlie LE ROY S'AVISERA : See title Le Roy
Attorney -General one month before the
LE VEUT.
petition is filed or presented .
LÉSION. In French Law, upon a sale,
LEGITIMATION . The making legiti it is competent for the purchaser to rescind
mate or lawful, as where cbildren are born the contract on account of lésion, i.e. , the
bastards, the act by which they are made worsened value of the thing sold, when it
legitimate is called legitimation , which in exceeds seven -twelfths of the price given .
Scotland may be effected by the subse A purchaser cannot bargain away his right
quent marriage of the parents (Cowel; in this respect, but he must exercise it
Tomlins). But when an attempt was made within two years. In the contract of ex
in the Parliament of Merton to introduce
the like law into England, the barons of change, there is no right of rescission, pour
cause de lésion ( Code Civil, 1706).
Parliament replied, “ Nolumus mutare leges
Angliæ huc usque usitatas atque appro LESSOR OF THE PLAINTIFF . The
batas," and thus frustrated the attempt. lessor of the plaintiff in an action of eject
It is the rule of the English Law , that legi ment was the party who really and in effect
timation depends on the status of the was interested in its result . He must at
mother when she gives birth to the child, the time of bringing the action have had
and has no reference (as in Roman Law ) to the legal estate, and the right to the pos
the date of the child's conception : “ Puter session of the premises sought to be re
est quem nuptiæ demonstrant.” covered (7 T. R. 47 ; 2 Burr . 668 ; 8 T. R.
LEGITIMUM JUDICIUM . In Roman 2, n.; 1 Ch . Pl. 187). The rtason of his
Law , was a court of justice presenting the having been called the lessor of the plain
tiff, arose from the circumstance of the
three following characteristics, viz. : action having been carried on in the name
( 1.) There was only one judex ; of a nominal plaintiff ( called John Doe ),
(2.) The judiciumwas held in or within to whom he (the real plaintiff) had granted
one mile of Rome ; and a fictitious lease, and thus had become his
(4.) The judex and the litigants were all lessor.
Romans. See title EJECTŘENT.
A judicium which was wanting in any LETTER , CONTRACTS BY. The offer
one of these three characteristics was
called a judicium imperio continens, that continues open until it is accepted ; and
LETTER , CONTRACTS BY - continued . LETTERS OF REQUEST — continued.
the acceptance is complete, and the offer determine any matter which has como
non -withdrawable, when the letter of before him. And this he is permitted
acceptance is posted, whether or not it to do in certain cases by the authority of
reaches its destination . an exception to the stat. 23 Hen . 8, c. 9,
See title OFFER . which exception is to the effect, that a
LETTER OF LICENCE . A letter or person may be cited in a Court out of his
written instrument which used sometimes own diocese, when any bishop or other
to be given by creditors to their debtor inferior judge, having jurisdiction in his
who had failed in trade, &c., allowing him own right, or by coinmission, makes re
longer time for the payment of his debts, quest or instance to the archbishop or
and protecting him from arrest in the bishop, or other superior , to take, hear,
meantime ( Tomlins ). examine, or determine the matter before
See titles IMPRISONMENT FOR DEBT ; himn ; but this is to be done in cases only
INSOLVENCY . where the law, civil or canon , doth affirm
LETTERS OF ADMINISTRATION : See execution of such request of jurisdiction
title ADMINISTRATION, GRANT OF. to be lawful and tolerable. Upon this
LETTERS CLOSE : See title LETTERS exception it has been held that the Dean
PATENT. of the Arches is bound , ex detrito justitiæ , to
LETTERS OF CREDIT : See title CREDIT, receive letters of request without the con
LETTERS OF. sent of the party proceeded against ( Roger's
Ecc. Law , 789 ; 2 Lee, 312, 319 ; Hob .
LETTERS MISSIVE. A letter missive, 185 ).
for electing a bishop, is a letter which the See title Courts, ECCLESIASTICAL.
king sends to the dean and chapter, to LEVANT AND COUCHANT. If lands
gether with his usual licence to proceed were not sufficiently fenced to keep out
to elect a bishop on the avoidance of a cattle, they would occasionally stray there
bishopric, which letter contains the name on ; but the landlord could not distrain
of the person whom he would have them them as damage feasant till they had been
elect. A letter missive in Chancery was levant and couchant on the land, that is,
a letter from the Lord Chancellor to the had been long enough there to have lain
defendant in a suit in Equity, informing down and risen up to feed , which in
him that a bill had been filed against general is held to be one night at least
him , and reqnesting him to appear to it. (Gilb. Dist. 47). Common for cattle levant
Suchi a letterwas the step takenin a Chan and couchant upon inclosed land cannot be
cery suit to compel a defendant's appear claimed by prescription as appurtenant to
ance to a bill when such defendant was a a house without land (Bunn v. Channen ,
peer or a peeress, the letter missive being 5 Taunt, 244 ) ; the right when it exists
a milder and more complimentary mode of without stint is for such cattle as the
procedure than the subpoena ( 1 Dan. Ch. winter eatage of the land together with the
Pr. 366-9). produce of it during the summer is capable
LETTERS PATENT. Letters by which of maintaining ( Whitelock v. Hutchinson,
the king makes his grants, whether of 2 M. & Rob . 205 ).
lands, honours, franchises, or anything else. See titles COMMON, Right OF ; Dam
They are so called because they are not AGE FEASANT.
sealed up or closed , but are exposed to open LEVARI FACIAS . A writ of exccution
view, with the great seal pendant at the directed to the sheriff, commanding him
bottom , and they are usually directed or to levy or make of the lands and chattels
addressed by the king to all his subjects of the defendants the sum recovered by
at large ; and herein they differ from the judgment. Excepting in the case of
certain other letters of the king, sealed also outlawry , however, this writ has been
with his great seal, but directed to parti completely superseded in practice by the
cular persons and for particular purposes, other writs of execution , chiefly fi. fa. and
which therefore not being proper for public elegit ( 1 Arch . Prac. 693 ; Tidd ) .
inspection are closed or scaled up on the
outside, and are therefore called letters close LEVY . To exact, to raise, to collect, &c.
(literæ clause ), and are recorded in the Thus a sheriff is commanded by the writ of
close rolls in the same manner as the others fi. fa. to levy a certain sum upon the goods
are in the patent rolls. and chattels of the debtor, i.e., to collect a
See titlo PATENTS. certain sum by appropriating and selling
LETTERS OF REQUEST. Are the the goods and chattels for that purpose .
formal instrument by which an inferior LEX . In Roman Law, was ( properly
judge of ecclesiastical jurisdiction requests speaking) an enactment of the Comitia
the judge of a superior Court to take and Centuriata passed by that assembly upon
LEX - continued . LEX FORI - continued .
the proposition of a Roman senator; and loci rei sitæ (Story on Conflict of Laws
in this strict signification, it was distin- and Foote's Priv. Internat. Law ).
guished from a senatus consultum (which
was an enactment of the senate ) and from LEX LOCI ACTUS : See title LEX LOCI
a plebiscitum ( which was an enactment of CONTRACTUS.
the Comitia Tributa ). The more important LEX LOCI CELEBRATIONIS : See title
of the leges of a general character were the LEX LOCI CONTRACTUS.
following : LEX LOCI CONTRACTUS. This is an
( 1.) Lex Hortensia — B.C. 287 — whereby
the plebiscita were placed upon ambiguous phrase, denoting either
the same level as leges in respect ( 1. ) The law of the place in which the
of the persons they applied to ; contract is to be performed ( in eo loco un
(2.) Lex Aebutia — B.C. 177 or 164– usquisque contrarisse videtur, in quo ut
whereby the legis actiones were solvetur se obligavit); or
the formulary
and established
abolished, finally (2. ) The law of the place in which the
procedure ; contract is entered into.
(3.) Lex Cornelia - - B.C. 81 - whereby According to the former of these two
the existing law appears to have senses, it is the Lex loci solutionis, accord
been amended and codified to a ing to the latter of them it is the lex loci
considerable extent. actus, and it is desirable that these two
But by far the larger proportion of the phrases should be used for distinction's
leges related to particular subject matters, sake, when anything is to turn on the dis
e.g., ( 1.) As regards freedmen ,—the Lex tinction. The former phrase, namely, the
Aelia Sentia ( A.D. 4 ) and Lex Junia Nor Lex loci solutionis, regulates the mode of
bana (A.D. 19 ) ; and the Lex Furia Cani- recovery upon the contract, and the latter
nia (A.D. 8 ) ; phrase, viz. , the Lex loci actus, regulates
(2.) As regards suretics,-the Lex Apu the formalities or ceremonies requiring to
leia (B.c. 164 ), the Lex Furia (B.C. 95 ), and be observed upon entering into a contract.
the Lex Publilia (B.C. 60 ? ) ; and In each case the law of the place denoted
(3.) As regards testamentary bequest, by the phrase is to be singly regarded ,
—the Lex Furia (B.C. 183 ), the Lex unless, indeed, both laws shouldpro majori
Voconia (B.C. 169), and the Lex Fulcidia cautelâ be observed .
( B.C. 40). LEX LOCI REI SITE
The leges duodecim tabularum were the This phrase
most important of all the leges, dating denotes the law of the place of the situa
about B.C. 450, and forming not only the tion of the property, as does also the
Magna Charta of the people, but also the phrase Lex loci situs : but the former
first codified arrangement of the private phrase is exclusively applicable (and ought
and criminal law of Rome. to be confined ) to real property, including
leaseholds, and the latter to personal pro
LEX ET CONSUETUDO PARLIAMENTI. perty exclusive of leaseholds. There aro
The law and customs or usages of Parlia- also certain differences between the two
ment are so called. The Houses of Parlia- Jaws expressed by the two respective
ment constitute a Court not only of legis- phrases ; thus, the Lex loci rei sila is a
lation but also of justice, and have their paramount law , and regulates the devolu
own rules by which the Court itself and tion of lands whether upon a testacy or an
the suitors therein are goverved (May's intestacy; it also determines what shall be
Parl. Pract . 6th ed . pp. 38-61). the forum , so that it is never in conflict
LEX CONTRACTUS : See titles LEX LOCI with the Lex fori ; and lastly, it com :
CONTRACTUS. pletely disregards the Lex domicilii. The
Lex loci situs, on the other hand , is dif
LEX DOMICILII : See title DOMICILE ferent in all these three respects, being
LEX FORI. This phrase denotes the subsidiary to the Lex domicilii, being fre
law of the forum or court in which an quently in conflict with the Lex fori, and
action or suit is proceeding. It regulates having absolutely no influence upon the
everything pertaining to procedure and devolution of property, although it may
render it liable to certain duties ( e.g.,
evidence, including the forms of practice,
the times for commenci and proceeding legacy duty) before removal , and have
other such like limited effects.
with actions, the requisites of pleading,
and such like. It sometimes overrides or LEX LOCI SITUS : See title Lex Loci
excludes the Lex loci actus seu contractus, Rei Site.
whence there arises a CONFLICT OF LAWS
( Lerous v . Brown, 12 C. B. 801 ). But of LEX LOCI SOLUTIONIS : See title LEX
necessity it agrees in all cases with the Lex Loci CONTRACTUS.
LEX NEMINEM COGIT AD IMPOSSI- LIBEL - continued .
BILIA . This maxim , which literally neang action for libel ; however, even in that
that the Law obliges no one to do what is action , if the truth be proved, the plaintiff
impossible (or frivolous or useless ), is exis not entitled to recover any damages, as
emplified in the case of legacies that are he has sustained none ( in contemplation of
subject to impossible conditions, and which law) from the discovery of his true cha
legacies are permitted to be good, and the racter ; and the verdict would be at the
conditions annexed thereto are void. But most farthing damages, and the
the Courts will not readily assume an im- judge for onetake
would care to refuse the plain
possibility , at least where the impossibility tiff his costs.
is one resting on physical as opposed to
moral or legal grounds. Another exem- Previously
tions to the
of the jury year 1792,
in actions the func
or prosecutions
plification of the maxim is the refusal of for libel were confined to finding the fact
Equity to specifically enforce a partnership of publication
agreement, where the partnership is at that fact ( Dean merely , or the Case,
of St. Asaph's absence of
21 St.
will only . On the other hand , the Court Tr. 847) ; but since that year, and in virtue
of Equity has directed the execution of the of Fox's Libel Act, 1792 (32 Geo. 3, c.60 ),
indenture of lease, even after the expiration the jury now find a mixed verdict of libel
of the term for which the lease was to have
been granted ; but, semble, upon very or no libel, returning generally the verdict
of guilty or not guilty, in which both law
special or particular grounds. and fact are blended . The functions of
LEX NON CURAT DE MINIMIS : See the judge, which were formerly very large ,
title De MINIMIS NON CURAT LEX . have been correspondingly diminished , and
LEX MERCATORIA : See title Law are now confined to points arising inci
MERCHANT. dentally in the trial , and which require to
LEX REGIA . One of the leges sup
be summarily disposed of, but including
amidst such matters a rather important
posed to have been enacted in the times of defence in actions of this sort, namely,
the early kings (reges ) of Rome, and to PRIVILEGE.
which more especially was attributed the See titles PRIVILEGED COMMUNICATION ;
constitutional theory, that all power civil SLANDER .
(potestas) and military ( imperium ) was LIBERATE . ( 1. ) A warrant which
vested in the emperor.
used formerly to issue out of Chancery
LEX SITUS : See title LEX LOCI REI under the great seal to the Treasurer,
SITÆ . Chamberlain, and Barons of the Exchequer,
LIABILITY, LANDOWNER'S : See titles &c., for the payment of any yearly pension
LANDLORD AND TENANT ; SUB - CONTRACTOR. or other suin of money granted under the
great seal. (2. ) Sometimes a writ directed
LIABILITY , LIMITATION OF : See title to the sheriff for the delivery of land or
LIMITATION OF LIABILITY.
goods taken upon forfeiture of a recogni
LIABILITY , LIMITED : See title LIM- zance ; it was most in use for the delivery
ITED LIABILITY. of goods on an extent; for until the
LIBEL. This word is commonly used liberate no property in the goods passed to
the conusee in the recognizance ( Tomlius).
in two senses, 1st, in the Court of Arches, LIBERTINUS SEU LIBERTUS : See title
and some few other Courts, as meaning a
formal allegation in the nature of a plead INGENUUS.
ing, containing the substance of the plain- LIBERTY : See title FRANCHISE .
tiff's complaint. But, 2ndly , and more LIBERTY OF THE SUBJECT : See titles
commonly, it signifies some malicious de
famation of any person expressedotherwise DARNELL's Case ; Habeas CORPUS.
than by mere words, as by writing, print, LIBERTY TO HOLD PLEAS. The
figures, signs, or any other symbols . The liberty of having a Court of one's own ;
publication of the alleged libellous matter thus, certain lords had the privilege of
must be proved (see title PUBLICATION ). holding pleas within their own manors .
Moreover , malice is an essential requisite
to constitute any writing a libel, and the LIBRARIES . Free or public libraries
truth of defamatory writings is not at may be established in boroughs, &c. , under
Common Law any justification of them , various modern statutes, and may be after
but under the Act 6 & 7 Vict. c. 96, it wards supported under powers conferred by
is competent for the defendant in the case the Acts by means of a public rate upon
of a еriminal information to plead the truth the borough , &c., but which rate may be
of the libel, and that it was published for strictly limited by stipulation of the rate
the public good,-a provision which does payers ( 40 & 41 Vict. c. 51). The prin
not extend to the defendant in an ordinary cipal statutes bearing upon the subject
LICENSING ACTS- continued .
LIBRARIES — continued .
are,–18 & 19 Vict. c. 70, 29 & 30 Virt. to sell beer, &c., by retail, and the grant of
c. 114 , and 34 & 35 Vict. c. 71 . The this latter class of licences rests upon and
Public Works Loan Commissioners may is limited by a regard to public conve
make advances to boroughs, & c., for the nience and to public morality. The two
foundation of such libraries, the advances principal licensing Acts at present in force
to be secured upon the library rates. are the Licensing Act, 1872 (35 & 35 Vict.
See titles CHARITABLE USES; PUBLIC c. 54 ) and the Licensing Act, 1874 (37 & 38
Works LOANS. Vict. c. 49).
LIE. To subsist, to exist, to be sug
LICENCE
sion . act,
to do an A licence
which isifa done
mere without
permis tainable, & c. Thus, the phrase, “ an action
will not lie,” signifies that an action can
that permission would (a. ), with respect to not be sustained , or that there is no ground
Jand, be a trespass quare clausum fregit ; upon which to found the action .
and ( b.), with respect to goods, be a tort in See title LAY.
respec t of the goods, whether a conversion
or detainer of them from the true owner, or LIEGE HOMAGE : See title HOMAGE.
a trespass to them LIEN. A qualified right of property
As a general rule , licences in respect of which a person has in or over a thing,
land are revocable at the will of the gran arising from such person's having a claim
tor ; for they copfer no interest in the upon the owner of such thing. Thus, the
land ; but where the licence is something right which an attorney has to keep pos
more than a licence, in other words, where session of the deeds and papers of his client
it is accompanied with a grant, it is irre until such client has paid his attorney's
vocable while the grant continues ( Wood bill is termed the attorney's lien upon
v . Leadbitter, 13 M. & W. 844 ), no matter those deeds, papers, &c. There are two
whether it is made by deed or parol. More sorts of lien, viz., particular and general.
over, a licence is irrevocable when the A particular lien is the right which a per
licensee, acting upon it, has executed son has to retain the specific thing itself in
works of a permanent and expensive cha respect of which the claim arises ; a gene
racter (Winter v. Brockwell, 8 East, 308) ; ral lien is the right which a person has to
Bankart v. Tenant, L. R. 10 Eq. 141 ). retain a thing not only in respect of de
Where a licence is revocable, it may be mands arising out of the thing itself so
revoked in various ways, namely , either retained , but also for a general balance of
( 1.) by an express withdrawal of it ; or, account arising out of dealings of a similar
(2. ), by any other act adverse to its con nature. A lien may exist over real and
tinuance ( Wallis v. Harrison , 4 M. & W. personal property equally ; but there is
538 ). this difference in the two case's, namely,
Similarly, where the licenc e is in
1852, Sch
goods. C. L. P. Act;
B. 44,t
ed.respec dep,end
(1.) entthelien
that on possessi , andnalceas
on onperso es rtyis
prope when
of Bythe the possession ceases ; whereas, (2.), the
the defendant licensee might plead that he lien on real property is independent of
licence
did of the
the act ned of by the leave and
plaintiff';andtheplaintiff
complai possession,and indeedimpliesthatthe
n
perso claiming the lien is out of the pos
had then either to take issue on that plea session , e.g., in the case of a vendor's Jien
( Barnes v. Hunt, 11 East, 451 ), or (in a fit for unpaid purchase money, or of a pur 1
case ) to new assign ( Kavanagh v. Gudge, chaser for his deposit. The lien is, how
7 M. & G. 316 ), or to replyspecially ever, in all cases commensurate only with
( Price v. Peek , Bing. N. C. 380 ); and the interest of the person through whom
under the present practice,he would either it arises.
amend (see title TRESPASS QUARE CLAUSUM See titles STOPPAGE IN TRANSITU ;
FREGIT), or reply to the plea either gene SOLICITOR'S LIEN ; VENDOR'S LIEN ;
rally or specially. MARITIME LIEN .
LICENCE, PRINTING : See title PRESS, LIEN ON FUND : See title SOLICITOR'S
LIEN .
LIBERTY OF.
LICENSING ACTS. So far as this phrase LIFE, DURATION OF. The English
denotes the Acts intended to secure a Law knows no presumption regarding the
revenue to the Crown by imposing a tax duration of human life ; the matter is one
upon the grant of licences to sell beer and of evidence, and is for the jury ; neverthe
intoxicating liquors, see titles Customs and less there is a presumption of death after
Excise. But the phrase more commonly seven years' absence unaccounted for ( Doe
denotes the Acts regulating the grant of v. Nepean, 2 M. & W. 894). Similarly,
licences by magistrates or other the proper there is no presumption of law with regard
licensing authority to publicans and others to the survivor of persons all of whom
LIFE , DURATION OF - continued . LIMITATION OF ACTIONS. The word

perish in a common calamity (Wing v. “ limitation ,” as applied to actions, signifies
Angrave, 8 H, L. C. 183). the period of time which the law gives a
man to bring his action for the recovery of
LIFE ESTATE : See title ESTATE. any thing ; and this period of timewithin
LIFE INSURANCE : See title INSURANCE which a man must bring his action in
OR ASSURANCE . order to recover the thing sought is
LIFE - PEERAGES. Of these there are limited by the legislature in some cases to
several apparent precedents, in the reigns two years, in some to six years, and so on .
The Acts of Parliament which prescribe
of Richard II. and Henry VI. in particular; these limits within which actions must be
and of course all the spiritual peers were, commenced are thence called the Statutes
and still are, peers for life only at the most.
In 1856, an unsuccessful attempt was made of Limitation, and the subject generally is
termed the limitation of actions. These
to introduce life -peerages in the case of statutes are principally the following :
Lord Wensleydale. However, now under ( 1.) 21 Jac. 1 , c. 16, for actions on torts
the stat. 39 & 40 Vict. c. 59 ( Appellate and on simple contracts ;
Jurisdiction Act, 1876), the Lords ofAppeal (2.) 3 & 4 Will . 4, c. 42, for actions on
in Ordinary, if not otherwise peers, are specialties;
peers for life, or at least during office. (3.) 9 Geo. 3, c. 16, for suits by the
LIFE RENT. A rent payable to, or Crown ;
receivable by, a person for the term of his (1.) 3 & 4 Will. 4 , c. 27, for actions of
or her life, e.g., a jointure rent-charge, a ejectment and such like ; and
life annuity issuing outof lands, and such (5.) 37 & 38 Vict. c. 57 (Real Property
like. Limitation Act , 1874), which
LIGEANCE : See title ALLEGIANCE . came into operation on the 1st
of January, 1879, reducing the
LIGHTS. The general law as regards periods prescribed by the stat. 3
the easement of lights, or ancient lights as & 4 Will. 4, c. 27.
they are more commonly called, will be Under these statutes the periods pre
found stated under title EASEMENTS, sub scribed for bringing actions at the present
title Light. As to what is meant by the day are :
access of light to ancient windows, the
recent case of National Provincial Plate (1.) Twelve years for recovery of land,
Glass Insurance Co. v. Prudential A884
with six years for disability, the
whole period never to exceed
rance Co., 6 Ch . Div. 757, may be usefully thirty years ;
consulted; it was there stated ( per Jessel, (2.) Twelve years for recovery of legacy,
M.R.) that any substantial alteration in the even where trust term to sucure
plane of the windows destroys the right, its payment ;
and ( per Fry, J.) that the right remains
(3.) Twenty years on a specialty contract
when any portion of the light which would (e.g. , covenant) ;
have passed over the servient tenement (4.) Six years on a simple contract (e.g. ,
through the old windows passes also work and labour) ;
through the new windows. (5.) Six years for a libel ;
LIMIT . To mark out, to define, to fix (6. ) Four years for an assault ;
the extent of. Thus, to limit an estate (7.) Four years for a false imprisonment ;
means to mark out or to define the perio. I (8.) Two years for a slander.
of its duration, and the words employed in
deeds for this purpose are thence termed LIMITATION OF ESTATES. The word
66
the words of limitation. Sometimes very · limitation," as applied to estates, signifies
great importance attaches to the words of the limits of duration beyond which an
limitation that are used ; for example, the estate cannot last, as when an estate is so
Rule in Shelley's Case is entirely a rule of expressly confined and limited by the words
words ; and again , in every conveyance of its creation, that it cannot endure for
(except by will ) of an estate of inheritance, any longer time than till the contingency
whether in fee tail or fee simple, the word bappens upon wbich the estate is to fail;
" heirs ” is necessary to be used as a word as when land is granted to a man so long
of limitation to mark out the estate : for if as he is lord of the manor of Dale, or
a grant be made to a man and his seed, or while he continues unmarried, or until out
to a man and his offspring, or to a man and of the rents and profits he shall have made
the issue of his body, all these are insuf- £500, and so on . In such cases the estate
ficient to confer an estate tail, and only determines as soon as the contingency
convey an estate for life for want of the happens (i.e., when he ceases to be lord of
word * heirs ." the manor, marries a wife, or has received
See title SHELLEY's Case, RULE IN . the £500 ), and the next subsequent cstate
LIMITATION OF ESTATES- continued . LIMITED EXECUTOR - continued .
which depends upon such determination as at the expiration of five years after his
becomes immediately vested in possession death , or at an uncertain time, as upon the
without any act to be done by him who is death or marriage of his son , such an exe
next in expectancy ( 1 Inst. 231; Litt. 347). cutor with reference to the time he should
See title LIMIT. begin to execute his office would be a
LIMITATION OF LIABILITY . In the limited executor. So also an executor may
case of damage to passengers or goods be a limited executor, with reference to the
carried in a vessel, where the proceeding is place in which he is empowered to execute
in personam , the shipowner and master his trust ; as if a testator should make A.
were at the common law liable to the full bis executor for his goods in Cornwall, B.
extent of the damage done ; but by the for those in Devon, and C. for those in
Merchant Shipping Act Amendment Act, Somerset ( Went. off. Ex. 291 , 4th ed.;
1862 ( 25 & 26 Vict. c . 63 ) s. 51 , such Bro. Executors, 2, 155 cited in 1 Wms.
liability is now limited as follows : Ex. 181 ).
( 1.) For damage to passengers , an amount LIMITED LIABILITY. The liability of
pot exceeding in the aggregate fifteen the members of n Joint Stock Company
pounds per ton of the ship's tonnage ; and , may be either unlimited (which it seldom
(2.) For damage to goods, au amount is) or limited ; and if the latter, then the
not exceeding in the aggregate eight limitation of liability is either the amount,
pounds per ton of the ship's tonnage. The if any, unpaid on the shares (in which
tonnage in the case of sailing vessels , is case the limit is said to be by shares), or
their registered tounage ; in the case of such an amount as the members guarantee
steam - vessels, is their gross tonnage, with in
out deduction on account of engine room . up the
(in event
whichofcase
the company's
the limit isbeing
saidwound
to be
Kay's Shipmasters, 919-920. by guarantee ). Where the limit is by
LIMITATION , STATUTES OF : See title shares the memorandum of association
LIMITATION OF ACTIONS. must contain a declaration that the lia
LIMITATION, WORDS OF : See titles bility is limited, and the amount of the
LIMIT ; LIMITATION OF ESTATES. capital must be divided into shares of a
fixed amount ; and each original member
LIMITED ADMINISTRATION. An ad- must take one share at least, and write the
ministration of a temporary character, number lie takes opposite to his name in
granted for a particular period, or for a the memorandum of association . On the
special or particular purpose, as distin- other hand, when the liability is limited
guished from an ordinary administration by guarantee, the memorandum must con
which is not granted subject to such limi. tain a declaration that in the event of the
tations or conditions. Such , for instance, company being wound up each member
is an administration durante minore ætate, will contribute towards the liabilities what
which becomes necessary when an infant may be required, not exceeding a specified
has been appointed sole executor, or the amount. The un paid -up capital is called
person upon whom the right to adminis up when wanted, or at certain agreed
tration devolves is an infant, in which case periods; the successive demands for it are
administration is granted to some other thence technically described as calls.
proper person for a limited period, viz., See titles Calls ; Joint STOCK COM
until the infant attains the full age of PANIES.
twenty -one years , and is capable of taking That re
LINEAL CONSANGUINITY .
the burden of the administiation upon
himself. lationship which subsists between persons
See title ADMINISTRATION, GRANT OF . each of whom is descende in a direct
line from another,
grandfather as between son,
,great-grandfather, andfather,
so up
LIMITED EXECUTOR . The appoint-
ment of an executor may be either abso . wards in the direct ascending line, or down
lute or qualified. It is absolute when wards in the direct descending line.
there is no restriction , condition, or limita See title COLLATERAL CONSANGUINITY .
tion imposed upon him in regard to the
testator's effects, or no limitation in point LINEAL DESCENT. Descent in a right
of time. It may be qualified by limita- line, as where an estate descends from
tions as to the time or place wherein , ancestor to heir in one line of succession ,
or the subject matter whereon, the office is as opposed to collateral descent, which is
to be exercised , and wben so qualified the descent in a transverse or zigzag line,
executor is frequently, in reference to his namely, up through the common ancestor
limited or qualified powers, termed a and then down from him .
liniited executor. Thus, if one appoint a See titles COLLATERAL DESCENT ;
man to be his executor at a certain time, DESCENTS.
LINEAL WARRANTY : See titles Col LIS PENDENS. This phrase denotes &
LATERAL WARRANTY ; WARRANTY. suit or action depending , i.e., in course.
Inasmuch as every such suit or action
LIQUIDATED DAMAGES are damages, would, when decided , naturally affect the
the amount of which is fixed or ascertained, land according to its result in whose hands
as opposed to unascertained or uncertain , soever the land might be at the date of the
i.e., unliquidated, damages. It is frequently decision, it was enacted by the 2 & 3 Vict.
mutually agreed between the parties to a c. 11, s. 7, that no lis pendens, unless or
contract that the one shall pay to the other until the sume was registered, and duly re
some specified sum of money in the event registered, should bind a purchaser or
of a breach of the contract ; and in such a mortgagee not having express notice
case , it frequently becomes a nice question thereof. By the stat, 13 & 14 Vict. c. 35,
whether such sum is to be considered in 8. 17, a special case to which appearances
the nature of a penalty merely for the have been entered is made a lis pendens.
purpose of covering the damages which one Lastly, by 30 & 31 Vict. c. 47, s. 2, if a
party may sustain in the event of a breach
suit or action is not prosecuted in a bonâ
committed by the other, or whether the fide manner, the Court may order the regis
full sum specified is to be actually paid to tration of it as a lis pendens to be vacated,
the injured party as liquidated or settled and that even without the consent of the
damages, without reference to the extent person registering the same.
of the injury sustained . (See Kemble v.
Farren, 6 Bing. 141 ; Reilly v. Jones, LIS PENDENS, VACATION OF : See
1 Bing. 202 ; Ch . on Contr. 863, 861). title Lis PENDENS.
See title DAMAGES.
LITERIS OBLIGATIO. In Roman Law,
LIQUIDATION . Under the Bankruptcy was the contract of nomen , which was
Act, 1869, a person in embarrassment, in constituted by writing ( scripturâ ). It was
stead of suffering himself to be made a of two kinds, viz. ( 1.) A re in personam ,
bankrupt, may (under s. 125) summon a when a transaction was transferred from
meeting of his creditors and prevail with the day -book (adversaria ) into the ledger
them by special resolution to declare that ( codex ) in the form of a debt under the
name or heading of the purchaser or
his affairs shall be liquidated by arrange
ment ; the proposer " liquidating debtor debtor (nomen ); and (2.) À persona in
must at this meeting produce a statement perxonam , where a debt already standing
of his affairs; and the special resolution under one nomen or heading was trans
and the statement of affairs are then re feried in the usual course of Noratio from
gistered with the Registrar in Bankruptcy. that nomen to another and substituted
A trustee is thereupon appointeil, with or nomen . By reason of this transferring,
without a committee of inspection ; and these obligations were called nomina tran
when that is done the general provisions scriptitia ; no money was in fact paid to
of the Act applicable to the proof of constitute the contract ; if ever money was
debts, &c. , in the case of bankruptcy are paid, then the nomen was arcarium (i.e., a
made applicable to the proof of debts, &c. , real contract, re contractus) and not a
in the liquidation. The property of the nomen proprium .
Jiquidating debtor vests in his trustee, LITIS CONTESTATIO : See title Con
who has the like powers as a trustee in TESTATIO Litis.
bankruptcy. The close of the liquidation
and the discharge of the liquidating debtor LIVERY. During the existence of the
depend upon the creditors, who may make feudal tenures and customs, the male heir
a special resolution to that effect in general when he arrived at the age of twenty -one
meeting; and upon the trustee reporting years, or the heir female at the age of six
such special resolution to the Registrar in teen , might sue out a writ of livery or
Bankruptcy, he will grant to the liqui ouster le main ; that is, the delivery of
dating debtor a certificate of discharge. their lands out of their guardian's hands;
See titles BANKRUPTCY ; CojPOSITION. for in the feudal times the lord was entitled
to the wardship of the heir, ayd was called
LIQUIDATOR . Is an officer of the Court the guardian in chivalry, —this wardship
appointed in and for the winding up of consisting in the lord's having the custoly
insolvent companies. He has large powers, of the body and lands of such heir till he
some of which he may exercise without, or she attained the age of twenty-one if a
but others only with, the sanction of the male, or sixteen if a female (2 Inst. 203),
Court . without being subject to account.
See title WINDING -UP. See title WARDSHIP,
LIS MOTA : See title ANTE LITEM LIVERY OF SEISIN . This simply
МотАм . means delivery of the land (traditio). It
Y
322
LOAN- continued .
LIVERY OF SEISIN - continued . It is usually at interest . In loans for con
is of two kinds , being either in deel or sumption (mutuum ), the property passes
into the borrower ; but in loans for use
in (law
1.) . Livery
in deed , i.e., in fact or act, ( commodatum , locatio rei), the property re
was performed by delivery of a part of the mains in the lender .
al ng
actu thi in lieu , and as a symbol , of LOAN CAPITAL. Public and joint stock
the whole, e.g., by delivery of the ring of companies may create a loan capital, i.e.,
a door, or of a branch of a tree, or a turf of may borrow money on mortgage or bond
the ground, accompanied with these or the or debenture stock ; e.g., railway companies
like words spoken by the feoffor : “ Here I
deliver you seisin of this house or land ” under the Railway Companies Act, 1867
(as the case might be ], " in the name of the
66
(30 & 31 Vict. c . 127 ), s. 21. Such loan
tenements contained in this deed , and capital takes precedence usually of all
other the general debts (but not liens ) of
according to the form and effect thereof."
And thereupon the feoffee entered upon or the comNpany . ES : See title LLOYD'S BONDS .
LOA -NOT
took possession of the house or land. A
separate livery was wanted for lands in LOCAL ACT OF PARLIAMENT. Such
several counties. Livery in deed might be an Act as has for its object the interest of
made either to the feuffee personally, or to some particular locality ; as the formation
of a road , the alteration of the course of a
Liveyery
attorn
his(2.) . in law, i.e., constructive or river, the formation of a public market in
implied delivery of the actual thing. This
was done off the land but in sight of it, a particular distr ict, &r.
See titles GENERAL ISSUE , PLEA OF ;
the feoffor saying these or the like words : PRIVATE ACT OF PARLIAMENT.
" I give you yonder land , enter and take
possession ;" and if the feoffee thereupon LOCAL ACTION . An action was termed
or at any time thereafter during the life of local when all the principal facts on which
the feoffor entered upon the land , the it was founded were of a local nature , as
livery was good, but otherwise it was void . where possession of land was to be recovered ,
One such livery sufficed for various or damages for an actual trespass, or for
counties . Livery in law could be made waste affecting land, or for any other kind
only to the feoffee personally, but not to of injury affecting real property, because in
such a case the cause of action related to
bis attorney (Wms. R. P. 138-9 ). some particular locality , which usually also
LIVING , LAPSE OF : See title LAPSE . constituted the venue of the action . But
under the Judicature Act, 1873, there is no
LIVING MEMORY . When a right (eg., local venue for the trial of any action
by prescription ), is said to have been en
joyed within all the time ofliving memory , (Sch .See
r. 28).
titles TRANSITORY ACTION ; VENTE .
the phrase means that there is absolutely
no evidence of its not having been enjoyed LOCAL BOARD . The Local Government
at any assignable period, either prior or Board constituted by the Acts 34 & 35
subsequent to 1 Ric. 1.; but legal memory Vict, c . 70, and 38 & 39 Vict. c. 55, and by
is bounded by 1 Ric . 1 . which Acts all the powers and duties of
See title MEMORY OF MAN. the Poor Law Boarii and of the Privy
LLOYD'S BONDS . These are acknow Council as regards local government were
ledgments by a railway company under transferred to it,exercises a general control
over all local boards throughout England .
its seal of a debt incurred and actually due There is a local board for every local
by the company to a contractor or other government district ; and the local board
person for work done or for goods supplied , is usually the sanitary authority and also
with a covenant for payment of the prin the burial board for the district, with power
cipal and interest at a future time. They to regulate labourers' dwellings, burials,
are valid securities , if issued bonâ fide ; but
if employed as a mere device to borrow baths and wash -houses , gas, water, tram
money, or otherwise, in fraud of the Acts ways, &c., and having power to make rates
regulating the company's power of borrow . to defray its expenses, and to borrow money
ing, they are void ( Chambers v. Manchester upon the security of the rates and the pro
perty of the board . Most local boards have
and Milford Ry. Co., 5 Best & Smith , 588). been established by provisional orders
In case the bond is void , the directors who
caused the company's seal to be affixed made under the two repealed Acts 11 & 12
thereto are not personally liable (Rashdall Vict. c . 63, and 21 & 22 Vict. c. 98, and
v. Ford , 14 W. R. 950 ; 14 L. T. Rep. 790). duly confirmed by special Act ; but they
would now be formed under the Public
LOAN . Is a contract, and may be either
a simple contract or a specialty one, and in Health
SeeAct,
title 1875 . GOVERNMENT ACTS.
LOCAL
either case either with or without security .
LOCAL GOVERNMENT ACTS . The LOCUS STANDI- continued .

Local Government Act, 1858 (21 & 22 Vict. pending matter, entitling him or it to
c. 98 ), which was declared to form part of appear in the matter, and shew cause for
the Public Health Act, 1848 ( 11 & 12 Vict. or against same. The phrase is most com
c. 63), used to be the prinicipal Act, but monly used with reference to the various
both Acts have been repealed by the Public persons and bodies who seek to oppose a
Health Act, 1875 (38 & 39 Vict. c. 55), in bill in Parliament (as to which see Smet
which latter Act (and Sch . v. thereto), and hurst on Locus Standi ) ; but the plırase is
the Act 34 & 35 Vict. c. 70, the provisions of frequent occurrence also ordinary
now in force are to be found . actions: eg., a solicitor after incurring
See title LOCAL BOARD . costs, or after becoming entitled to costs,
LOCATIO CONDUCTIO . In Roman Law, in an action hils a locus standi in same to
is the contract of hiring and letting. It use his client's name to prosecute the action
may be either locatio rei (e.g. , the hire of a so as to realize his custs (Fisher v. Baldwin ,
wag on or beast of burden), or locatio 11 Ha. 372).
operis (e.g. , a contract to build a church or
9 LODGER : See titles ELECTORAL FRAN
theatre ), or locatio operarum (i.e., the hire CHISE ; LODGING -HOUSES ; LODGINGS.
of services generally ). This contract always LODGING -HOUSES. The keeper of a
involved remuneration ; the like if gra lodging-house is not liable (as an inn
tuitous was either commodatum ( if of a keeper) for the loss of the goods brought
thing ), or mandatum ( if of services). by a lodger to her house, provided she be
LOCKE KING'S ACTS . The principal not guilty of a positive misfeasance ( Houler
Act is 17 & 18 Vict. c. 113, whereby ( in v. Soulby , 8 C. B. (N.S. ) 254). As regards
effect) lands ( being freehold or copyhold ) common lodging -houses, these are under
were made liable to the mortgage ( if any) sanitary inspection, and various provisions
upon them , in exoneration of the personal have been made by statute to prevent their
estate of the deceased testator or intestate, overcrowding, especially in the metropolis
which personal estate was theretofore pri (37 & 38 Vict. c. 89 ), but also elsewhere in
marily liable. By the two subsequent England.
Amendment Acts, 30 & 31 Vict. c. 69, and See title Health , PUBLIC.
40 & 11 Vict. c. 31 , the principal Act has LODGINGS. A person who lets lodg
been extended to include mortgages on ings impliedly warrants that they are
leasehold hereditaments, and the word reasonally fit for habitation ( Smith v.
mortgage has been extended to include Marable, 11 M. & W. 5). A contract for
liens frir unpaid purchase -money, whether mere lodgings is always determinable upon
the testator dies intestate or testate. But notice by either party to the other, a week's
the deceased may by express words or by notice being that usually given in the
necessary implication exclude the operation absence of any special agreement ; and
of the Acts. this rule is not altered although the rent
LOCO PARENTIS : See title In Loco should not be paid by the week, but by
PARENTIS. longer periods ( Right v . Darby, 1 T. R.
159). Since the stat. 34 & 35 Vict. c 79, a
LOCOMOTIVES ON ROADS. Their use lodger's goods cannot be distrained for the
is regulated by the stats. 24 & 25 Vict. rent owing from his landludy to the supe
c. 70, and 28 & 29 Vict, c. 83, by which rior Lindlord .
provision is made for the safety of the road ,
and of persons using it, and for the repair LOLLARDS. A body of primitive Wes
and preservation of bridges damaged or leyans, who assumed importance about the
likely to be damaged by their use . time of John Wycliffe (1360 ), and were
See title TRAMWAYS . very successfulin disseminating evangelical
truth ; but being implicated (appareutly
LOCUS IN QUO. The place in which against their will) in the insurrection of
the cause of action arose, or where any the Villeins in 1381 , the stat. De Hæretico
thing is alleged to have been done, in Comburendo (2 Hen . 4, c. 15) was passed
pleadings is so called ( 1 Salk. 94 ). The against them , for their suppression. How
phrase is almost peculiar to actions of ever, they were not suppressed ; and their
trespass quare clausum fregit. representatives survive to the present day
LOCUS PENITENTIÆ . Is a phrase under various names and disguises.
which signifies in law , that the parties are See titles CHURCH AND STATE ; Dis
not yet coinpletely bound by their intended SENTERS ; &c .
contract or other the contemplated obliga LONDON , CITY OF : Se title CITY OF
tion . LONDON .
LOCUS STANDI. Is the position of any LONG PARLIAMENT, ACTS OF. This
person or corporation relatively to some Parliament asst mbled in 1610-41 , and was
Y 2
324 À NEW LAW DICTIONARY.
LONG PARLIAMENT, ACTS OF - contd . LONG PARLIAMENT, ACTS OF - contd .
never formally dissolved. The stat. 4 Edw . (d.) That all judges should hold office
3, c. 14 , had enacted that Parliament should during good behaviour ; and,
moet every year or oftener if need were ; but (e.) That all popish lords should be de
this Act, which had been little regarded prived of their votes.
by any sovereign, was most egregiously LONGI TEMPORIS POSSESSIO : See title
disregarded by Charles I. Accordingly , the USUCAPIO .
Long Parliament now enacted its famous
Triennial Bill , providing that Parliament, LORD CAMPBELL'S ACT : See title
if not actually then sitting, should be ipso CAMPBELL ( LORD's) Act.
facto dissolved at the expiration of three
years from the first diy of its session , and LORD CHANCELLOR : See titles Chan
the chancellor was to issue new writs CELLOR ; LORD CHIEF JUSTICE.
within three years from the dissolution ; LORD CHIEF JUSTICE , The Lord
and in case no such writs were issued
Chief Justice of England (being the Chief
within that time, the peers were to assemble Justice of the Queen's Bench Division )
of themselves at Westminster and to issue
was originally the Justiciar of the kingdom ,
writs to the sheriff's requiring them to and as such was a higher officer than the
summon representatives of the Commons; Lord Chancellor. The Justiciar was regent
and in case the Peers failed to do so , the of the kingdom during the king's absence.
sheriffs of their own accord , or (in their The office was invented by Will. I. and
default) the electors themselves were to abolished ( in its executive part) by
proceed to the new elections. This Triennial Edw . I .; but the clerks in the chancellor's
Act was repealed upon the restoration of office, in issuing the original writs by
Charles II., and is to be distinguished from which actions were commenced at common
the Triennial Act so called par éminence law, were subject to the Chief Justice, and
(6 W. & M. c. 2 ). not exclusively to the Chancellor. The
The other legislative Acts of the Long gradual rise of the Lord Chancellor to his
Parliament were the following : -
present admitted judicial and executive
( 1.) They annulled the judgmentagainst superiority over the Lord Chief Justice is
Hampden in the case of Ship Money, and not distinctly traceable in history, but it
declared ship -money and also the taxes of is involved in the struggles of Equity to
Charles I. on foreign merchandise illegal ; assert its control of the Common Law .
(2.) They abolished the Court of Star See title LAW AND EQUITY.
Chamber; also , the Court of High Com
mission ; also , the Court of the President LORD HIGH CONSTABLE : See title
and Council of the North ; also, the Court CONSTABLE.
of the President and Council of Wales ; LORD LIEUTENANT. This office was
also, the Courts of the Duchy of Lancaster created by Philip and Mary, as a revival
and of the County Palatine of Chester ; of the old English earl, i.e., chief military
(3.) They declared it illegal to impress officer of the Crown for the county , and
his majesty's subjects, or to compel them the sheriff became thenceforth a purely
to go out of the country to serve in foreign civil officer. By the Army Regulation
wars ;
Act, 1871 (34 & 35 Vict. c. 86), s . 6, the
( 4.) They passed an Act declaring that jurisdiction of the Lord Lieutenant over
they could not be dissolved without their the militia and other the auxiliary forces has
own consent ; been re-vested in the Crown, and is exer
(5.) They abolished Episcopacy and es cised through the Secretary of State for
tablished Presbyterianism ; War and his officers.
(6.) They deprived the king of the con LORD OF MANOR : See titles Copy
trol of the militia and forces, and assumed HOLDS ; ENFRANCHISEMEST ; MANOR ;
that control to themselves, and eventually WASTE -LANDS .
they laid nineteen propositions before the
king, of which the principal were the fol LORD MAYOR . The chief officer of
lowing : the Corporation of the City of London is
(a.) That privy councillors and officers so calle . The origin of the appellation of
of state should be approved in “ Lord " which the Mayor of London en
Parliament ; joys, is attributed to the fourth charter
(6.) That the education and marriage of of Edward III. , which conferred on that
the king's children should be officer the honour of having maces, the
under the control of Parliament ; same as royal, carried before him by the
(c.) That the militia and forces and all serjeants. He is annually nominated and
fortresses and magazines should elected by the livery from amongst snch of
be given up to the nominees of the aldermen as have served the office of
Parliament ; sheriff. In his character of chief magis
LORD MAYOR - continued . LORD AND VASSAL – continued .
trate of the city, the Lord Mayor presiiles prietor or lord , being he who retained the
in the Inner Chamber of the Court of dominion or ultimate property of the feod
Aldermen in the Court of Common Council , or fee ; and the grantee, who only had the
and in the Court of Common Hall ; and as use and possession, according to the terms
such issues his precept for the holding of of the grant, was styled the feudatory or
any of these courts. He is also nominally vassal, which was only another name for
President of the Court of Aldermen in the the tenant or holder of the lands.
Outer Chamber (or Lord Mayor's Court). See titles Estate ; FEUDAL SYSTEM ;
The corporation provide the Lord Mayor TENURE ,
with the Mansion House, which they keep
in repair at their own expense, and an LORDS OF APPEAL IN ORDINARY .
nually grant him a sum of money amount Are life peers appointed under the statute
ing to £ 10,000, and also provide him with 39 & 40 Vict. c. 59 ( Appellate Jurisdiction
various officers at their own expense to Act, 1876 ), for strengthening the judicial
support thedignity ofthe office (Pulling's bodyof the House of Lords.
Laws and Customs of the City and Port of LORDS APPELLANTS. Five peers who
London ). for a timo superseded Richard II. in his
GovernmentGovernm ent, ,heafter
; and whom a brief
in turn con
super
LORD MAYOR'S COURT. This is a trol of the
Court Record , of Law and Equity, and is seded in 1397, and put the survivors of
the chief court of justice within the cor- them to death . Richard II.'s eighteen
poration of London . Its legal style is “ The commissioners ( twelve peers and six com
Court of our Lady the Queen, holden before moners) took their place, as an embryo
the Lord Mayor and Aldermen in the Privy Council arting with full powers,
Chamber of the Guildhall of the City of during the Purliamentary recess.
London ." In legal consideration and in
conformity with the style of the Court, the LORD'S DAY : See title SUNDAY.
Lord Mayor and Aldermen are supposed to LORDS, HOUSE OF : See titles HOUSE OF
preside ; but the recorder is in fact the
acting judge. All persons, as well freemen LORDS, JURISDICTION OF ; PEERS .
as non-freemen, not being under any general LORDS ORDAINERS. Appointed in
incapacity which would disable them from 1312, in reigu of Edw , II., for the control of
suing in the superior Courts at West the sovereign and the court party, and for
minster, may sue in this Court. As a Court the general reform and better government
of Common Law it has cognizance of all of the country.
personal and mixed actions arising within LORDS SPIRITUAL AND TEMPORAL.
the City and liberties, without regard to The lords spiritual compose one of the
the amount of the debt or damages sought constituent parts of Parliament, and con
to be recovered ; and if the gist of the action sist of two archbishops and twenty -four
arise within the City, the residence of the bishops; and by the Act of Union with
plaintiff or defendant therein is immaterial Ireland ( 39 & 40 Geo. 3 , c. 67) four Irish
( Pulling's Laws and Customs of the City lords spiritual, taken from the whole body
and Port of London , 177, 2nd ed . ; Bran- by rotation of sessions, were added, who
don on Foreign Attachments, and Notes of ranked next after the spiritual lords of
Practice ). An appeal from the Lord Great Britain ; but under the stat. 32 & 33
Mayor's Court used to lie to the Exchequer Vict. c. 42, these Irish lords spiritual have
Chamber, but it now lies ( as from an ceased . The lords temporal consist of all
inferior Court) to a Divisional Court of the the peers of the realm, by whatever title
High Court ( Appleford v. Judkins, 3 C. P. of nobility distinguished, and form another
Div . 489). As to whether and when a constituent part of Parliament .
prohibition issues or not to restrain an See title PEERS.
action in the Lord Mayor's Court, see title
PROHIBITION, and as to attachments issuing LOSS : See title PROFIT AND Loss.
out of the Lord Mayor's Court, see title LOSS, TOTAL : See title UNDERWRITERS.
ATTACHMENT, FOREIGN .
LOST DOCUMENT, PROOF OF. This
LORD PARAMOUNT : See titles FEUDAL proof consists in ( 1.) Proof of the loss,
SYSTEM ; LORD AND VASSAL. whereby secondary evidence of the con
tents of the document becomes forth with
LORD AND VASSAL . The fundamental admissible ; and
maxim of all feudal tenure is this : that (2. ) Proof of an office, or examined, or
all lands were originally granted out by other copy thereof or draft thereof, or even
the sovereign, and are therefore holden by a witness's recollection of its contents
either mediately or immediately from the ( Sugden v. Lord St. Leonards, 1 Prob. Div.
Crown . The grantor was called the pro- 15+).
LOST PROPERTY : See title FINDER OF LUCRATIVA USUCAPIO . This species
Lost PROPERTY. of usucapio was permitted in Roman Law
LOST WILL : See titles Lost DOCUMENT, only in the case of persons taking possession
PROOF OF ; Wills. of property upon the decease of its late
owner, and in exclusion or deforcement of
LOT. Certain duties, tolls, assessments, the heir - whence it was called usucapio
or impositions are frequently so termed. pro hærede. The adjective lucratira de
See title LOT AND Scor. noted that the property was acquired by
LOT AND SCOT ( Sax . Ilot, a chance or this usucapio without any consideration or
lot, and sceat, a part or portion ). Certain payneut for it by way of purchase : and as
duties which must have been paid by those the possessor who so acquired the property
who claimed to exercise theelective franchise was a malâ fide possessor, his acquisition
within certain cities and boroughs before or usucapio was called also improba ( i.e.,
they were entitled to vote. It is said that dishonest ); but this dishonesty was tole
the practice became uniform to refer to the rated ( until abolished by Hadrian ), as an
poor-rate as a register of “ scot and lot ” incentive to force the hæres to take pos
voters, so that the term , when employed to session, in order that the debts might be
detine a right of election, meant only the paid and the sacrifices performed ; and as
payment by a parishioner of the sum to a further incentive to the hæres, this
which he was assessed for poor rates ( Rog. usucupio was complete in one year.
on Eccl . 198, 6th ed.; 1 Dougl. 129 ). LUGGAGE : See title PASSENGER'S Lrg
See title ELECTORAL FRANCHISE. GAGE.
LOTTERY. Lotteries have been fre LUNACY is the common legal designa
quently resorted to both by states and by tion of insanity, or the state of being non
individuals for the purpose of raising compos mentis. The law takes notice of
money , but they are proscribed by the mo three degrees of lunacy : ( 1.) Lunacy which
rality and industry of England. They exempteth in crime; (2.) Lunacy which
were declared a nuisance and prohibited by exonseth in contract ; and (3.) Lunacy
10 & 11 Will . 3, c. 17 ; and even foreign which placeth the party and his property
lotteries are forbidden by the 6 & 7 Will. t, under the protection of the Crown.
c. 66, to be advertised in England. For an ( 1.) Criminal lunacy may be either total
instance in which these laws have been put or partial . And if total, than either natural
in force see Allport v. Nutt, 1 C. B. 974 ; (dementia naturalis), in which case it is
and see title WAGERING. termed idiocy, or accidental (dementia acci
LOUAGE . This is the contract of hiring dentalis ), which may be either permanent
and letting in French Law, and may be or intermittent (i.e., accompanied with
either ( 1.) of things, or ( 2. ) of labour. The “ lucid intervals " ) or wilfully brought on
varieties of each are the following : by the party himself (dementia ajectata ),
(1. ) Letting of things, – e.g., in the case of drunkenness . If the
(a.) Bail à loyer, being the letting of lunacy be partial, then the criminal defini
houses ; tion of it is that given in R. v. M‘Naghten
(6.) Bail à ferme, being the letting of ( 10 Cl. & F. 200 ), where the judges advised
lands ; the House of Lords to this effect, that not
(2.) Letting of labour, withstanding the party did the Act com
(a.) Loyer, being the letting of per- plaine of with a view , under the influence
sonal service ; of insane delusion, of redressing or avenging
(6.) Bail à cheptel, being the letting of some supposed grievance or injury, or of
animals. producing some public benefit, he was
See titles HIRING ; LOCATIO Cox nevertheless punishable according to the
DUCTIO . nature of the crimecommitted, if he knew,
LOYER : See title LOUAGE . at the time of committing such crime, that
he was acting contrary to law,
LUCRATIVA CAUSA . Means a con- (2.) With reference to contract law, the
sideration which is voluntary, that is to rule is, that a lunatic is liable for neces
say, a gratuitous gift or such like. It was saries, and generally also on contracts exe
opposed to onerosa causa , which denoted a cuted of which he has had the advantage,
valuable consideration. It was a principle notwithstanding they may not be for
of the Roman Law that two lucrative necessaries at all (Molton v. Camroux, 4
causes could not concur in the same person Ex. 17) ; but that on all executory contracts
as regarded the same thing, that is to say, he is not liable at all, not even although at
that when the same thing was bequeathed the time of contracting he betrayed no
to a person by two different testators, he signs of lunacy, and the other contracting
could not have the thing (or its value) party was ignorant thereof.
twice over. (3 ) With reference to the Chancellor and
LUNACY_continued . MAGISTRATES continued .
Lords Justices' jurisdiction in lunacy, this regards matters which are subjects for the
jurisdiction extends generally to persons summary jurisdiction ).
not capable of managing their own affairs, See generally GREENWOOD AND MAR
and therefore are properly deemed of un Tin's MAGISTERIAL AND POLICE
sound mind, non compos mentis ; although GUIDE.
in this case the lunacy is mostly of a very MAGNA CHARTA . The great charter
slight degree. This jurisdiction is now of English liberty granted by or rather
most commonly exercised under the Lunacy extorted from King John, and afterwards,
Regulation Act, 1853 ( 16 & 17 Vict. c. 70), with some alterations, confirmed in Par
or where the property is of small amount, liament repeatedly by Henry III. and
under the Lunacy Regulation Act, 1862 Eilward I. It was called Migua Charta on
(25 & 26 Vict. c. 86). account of its great importance, and partly
LUNACY JURISDICTION . Was origi in contradistinction to another charter
nally vested in the Court of Exchequer, as (Carta de Foresta ), which was granted
being incident to the Crown's prerogative about the same time. The provisions of this
in the matter of revenue; but became trans charter extended not only to the admini
ferred to the Lord Chancellor, not however stration of justice (regulating the various
as being head of the Court of Chancery but jurisdictions, temporal and ecclesiastical ) ,
as being an official of the Crown, and portion but also to the personal liberty of the sub
of the executive. Shortly after the ap . ject, the limits of tuxation of his property,
pointment in 1851 of the Lords Justices of the rights of foreign merchants within the
Appeal in Chancery, they were intrusted realm , as well during peace as in times of
by virtue of the Queen's sign manual with war, and also the liberties and privileges
of the church . It contains also numerous
the care and custody of lunatics; and the
same Lords Justices or their successors provisions of a purely temporary nature,
under the Judicature Acts, 1873–75 , con intended to remedy the prevailing abuses
of the times.
tinue to exercise ( concurrently with the This statute, although constantly ap
Lord Chancellor) the same jurisdiction
( Re Lanotte, 4 Ch . Div. 325 ) . The juris pealed to as the Palladium of English
diction was defined by the Statute of Pre liberties, is vague and general in its lan
rugatives (17 Edw. 2, cc. 9 & 10 ), and is guage, not providing forall the difficulties
regulated by the Lunacy Regulation Act, of the subsequent centuries; and, as a con
1853. See the cases of Beall v. Smith, 9 sequence, its provisions have been from
Ch. App. 85 ; and In re Edwards, 10 Ch. time to time variously enlarged by judicial
Div. 605 . interpretation and by resolutions in Parlia
ment and even by express legislation.
LUNATIC, COMMITTEE OF. One or See titles Bates's CASE ; BANKERS'
more persons ( being usually near kin of CASE ; DARNEL's Case ; SHIP MONEY ;
& c.
the lunatic) are appointed to be the guar
dians of his person and of his property, or MAGNUM CONCILIUM . Was the King's
of either. These guardians exercise all the Court of Parliament (or Aula Regis), sitting
powers which the lunatic himself ( if sane) without the Commons, and exercising judi
might have done, but in some cases they cial functions.
require the sanction of the Lord Chancellor See title House of LORDS, JURISDIC
iu Lunacy before doing the act. TION OF
MAIDEN ASSIZE . When , at the assizes,
no person has been condemned to die, it is
termed аa “ maiden assize ."
M.
MAIDEN RENTS . A fine paid by the
MAGISTRATES. The jurisdiction of tenants of some manors to the lord for a
justices of the peace and of magistrates licence to marry a daughter (Cowel).
generally is limited to the district for which MAIHEM , or MAYHEM . The violently
they are appointed ,and is local rather than depriving another of the use of such of his
personal; but acts purely ministerial, e.g., members as are available in fighting, and
receiving informations, taking recogni the depriving him of his virile parts, the
zances, & c., may be done elsewhere, but not loss of which in him (as in all animals)
acts of a judicial character. The powers abates his courage, are considered mayhems;
and duties of justices, and the proceedings hence, to do a person such an external in
before them, are regulated principally by jury as merely detracts from his personal
the stat. 11 & 12 Vict. c . 42 (as regards appearance is not considered a mayhem ,
indictable offences ), and by the stats. 11 & because it does not weaken him , but only
12 Vict. c. 43, and 42 & 43 Vict. c. 49 (as 1 disfigures him ( 1 Hawk. c. 44).
S
MAINPERNOR : See title MAINPRISE . MALA PROHIBITA : See title MALA IN
SE,
a taking, by
MAINPRISE
rally WRITthe OF
hand (main , lite
. Means the MALFEASANCE . Is the same as a mis
hand ; prise, from prendre, to take ), in the feasance, and is opposed to a bienfaisance,
sense of helping out of prison. One of the which is the regular and proper conduct of
means of remedying the injury of false a matter.
imprisonment was by a writ called a writ See title MISFEASANCE .
of mainprise, diiected to the sheriff ( either MALICE. In its legal sense , this word
generally, when any man was imprisoned does not simply mean ill-will against a
for a bailable offence, and bail had been person ; but signifies a wrongful act, done
refused ; or specially, when the offence or intentionally, without just cause or excuse .
cause of commitment was not properly bail Thus, if I intentionally and without just
able below ), commanding him to take sure cause or excuse struck a perfect stranger, I
ties for the prisoner's appearance, usually should , in legal contemplation, do it of
called mainpernors, and to set bim at large. malice, because I did it intentionally , and
Mainpernors differed from bail, in that a without just cause or excuse. So, if I
man's bail might imprison or surrender maim cattle, even without knowing whose
him up before the stipulated day of ap- they are, I should, in legal construction ,
pearance, whereas mainpernors could do do it of malice, because it would be a
neither, but were simply surcties for his wrongful act, and be done intentionally,
appearance at the day; again, bail were without cause or excuse . Malice is of the
only sureties that the parties should be following varieties :
answerable for the special matter for which ( 1.) Malice in Law , being that species
they stipulated, mainpernors were bound of it which is implied without proof; and
to produce him to answer all charges what (2.) Malice in fact, which again pre
soever. Where an offence was notbailable sents two sub -varieties, viz. :
at all, the justices were frequently directed (a .) Personal malice, i.e., spite, against
“ to commit such offender or offenders to some particular individual; and
the common guol of the county, there to (6.) Malice, against the world generally,
remain without bail or mainprise " (43 Eliz. withoutreference to anyparticular
c. 2, s . 4 ; Dyer, 272 (31 ) ; 4 Inst. 179). individual, e.g., wbere a person
See title Ball, throws a bottle of vitriol over a
MAINTENANCE. This word has various wall into the public street or high
way, not knowing or caring wlio
senses .
( 1.) It designates an offence bearing a or whether any one is passing in
the street or on the highway at
near relation to barratry, and which con the time.
sists in officiously intermeddling in a suit
that in no way belongs to one, as by main- MALICE PREPENSE ( from the Latin
taining or assisting either party with malitia, malice , and the Fr. penser, to
money, or otherwise taking great pains to think, and pre beforehand.) Malice afore
assist the plaintiff or defendant in the suit, thought, i.e., deliberate, predetermined
although having nothing to do with it (Les malice (2 Roll. Rep. 461 ). Homicide un
Termes de la Ley ; Findon v. Parker, 11 less shewn to be unaccompanied with this
M. & W. 675). malice is murder ; but otherwise it is only
(2.) In another sense , it denotes the pro- manslaughter. The malice to commit a
vision made, either by deed or will , or by felonious act, where another is committed
order of the Court of Chancery, for the although not intended, is referrible to the
support and bringing up of children during act committed ( R. v . Crispe, 16 How. St.
their minorities. The Court is now able, Tri. 80) ; but this inferential reference
in a proper case, to make the requisite being an extreme application of malice is
order on summons , without action . not made in new crimes created by statute
See title INFANTS, JURISDICTIOX OVER. ( Reg. v. Pembliton , L. R. 2 C. C. Ř. 119).
MALA FIDES : See titles BONA FIDES ; MALICIOUS ARREST : See title FALSE
FRAUD. IMPRISONMENT.
MALA IN SE. All things which are MALICIOUS INJURY TO PROPERTY .
evil in themselves are so termed , in con- The stat. 24 & 25 Vict. c. 97, is the Mali
tradistinction to those things which are not cious Injuries to Property Act, such injuries
evil in themselves, but are only forbidden comprising arson , demolition of or damage
by the laws, and which are therefore called to machinery, obstruction of railway car.
mala prohibita, or forbidden evils, and some- riages , injuring telegraphs, damaging ships,
timesmala quia prohibita, to indicate that removing buoys, and the like. A sus .
they are evils by reason only of the pro- pected person loitering by night may be
hibition .
summarily apprehended . Principals in
MALICIOUS INJURY TO PROPERTY MANCIPATIO . In Roman Law , was a

continued . process of conveyance applicable to res
the second degree and accessories before mancipi only. It was effected by means of
the fact may be punished like the principal a balance and scales with a piece of bronze
felon. The offence is summarily triable to represent the purchase money or price
before justices. ( per aes et librum ) ; and the ceremony of
MALICIOUS PROSECUTION . A person the mancipatio took place in the presence of
five witnesses and of the libripens (balance
who has been unjustly prosecuted for any holder ) and of the familiæ emptor (pur
crime, or who has causelessly been made chaser ), making in all seven persons who
a bankrupt, may bring an action for a were witnesses of the act of the vendor. In
malicious prosecution against the prose- case the vendor was the true owner, the
cutor or the petitioneras the case may be ; mancipatio at once transferred the domi
but for the success of his action, he must nium to the purchaser; but otherwise the
prove two things :-( 1 .) The fact of malice ; process of usucapio was required to com
and, (2. ) The absence of all reasonable or plete the conveyance of the dominium .
probable cause for the defendant's conduct ; Where traditio of a res mancipi was made,
and also of course that the accused was then traditio plus usucapio equalled ( in
acquitted. Upon proving the acquittal effect) mancipatio. There could be no
and the absence of probable cause, the mancipatio of res nec mancipi ; and in
malice will be implied . Justinian's time, there being no res man
See titles False IMPRISONMENT ; MA- cipi, it followed that there was no manci
LICIOUS ARREST. patio, but only delivery ( traditio ), and
MALINS’S ACT: See titles REVERSIONARY which delivery ( when made by the true
INTEREST ; SURVIVORSHIP, WIFE'S RIGHT OF. owner) had the same effect as the old man
cipatio in transferring the dominium ; but
MALITIA SUPPLET ETATEM . In the traditio ( when made otherwise ) required
case of infants between the ages of seven usucapio or lungi temporis possessio to com
and fourteen years committing crimes(other plete that transfer,
than the crime of rape, which with them is MANCIPI VEL NEC MANCIPI. In Ro
a legal impossibility), the child's criminal man Law , was a division of res (i.e., things).
capacity, i.e., intelligence, may be proved It corresponded as nearly as may be to the
by shewing that, notwithstanding his tender early distinction of English Law into real
years, he was fully aware of the character
of the criminal act, bis wicked (or pre and personal property,-res mancipi being
maturely developed ) intelligence supplying
objects of a military or agricultural cha
the lack of age, upon this maxim , Malice racter, and res nec mancipi being all other
supplies the defect of years. It is doubtful subjects of property. Like personal estate,
if the maxim applies to children under the res nec mancipi were not originally either
age of seven years; but the corresponding valuable in se or valued. The distinction
maxim of evidence, sapientia supplet atu
was completely obsolete in Justinian's time,
tem , does undoubtedly apply even to them. buth classes having then the same level.
See title SAPIENTIA SUPPLETÆTATEM . MANCIPIUM . In Roman Law , was the
momentary condition in which a filius, &c.,
MALPRAXIS. Bad workmanship on the might be when iu course of emancipation
part of the higher classes of skilled pro- from the potestas, and before that emanci
fessionals is so called , e.g., by a surgeon or pation was absolutely complete. The con
physician in his treatment of a patient. dition was not like the dominica potestas
Such ill-treatment is a tort, for which over slaves ; but slaves are frequently called
damages may be recovered . mancipia in the non- legal Roman authors.
MALUS IN UNO MALUS IN OMNIBUS. MANDAMUS. This is either ( 1.) the
This maxim which means, being trang- prerogative writ so called , or (2.). tho
lated literally, “ Bad in one respect bad in ordinary writ of injunction.
all,” is like that other maxim , falsus in uno (1. ) The prerogative mandamus is a writ
falsus in omnibus, and both maxims are which issues in the king's name out of the
most dangerous maxims in their iudiscri- Court of King's Bench, commanding the
minate application. As applied to wit- effective execution or restitution of some
nesses, it means that where their testimony right, and in general belongs exclusively
is discredited or falsified in one thing, it is to that Court . It is used principally for
discredited and falsified in whole , -- where- public purposes, and to enforce the per
as, in point of fact, the utmost effect of the formance of public rights or duties, affording
partial discredit should be to render one's also specific relief, and enforcing private
judgment of the rest inore severely careful. rights when they are withheld by a public
The maxim expresses a small truth in officer, e.g., it issues to compel a removed
a very exaggerated form . clerk to deliver up books of a public corpo
33 ) A NEW LAW DICTIONARY.
YANDAYUS - continud . MANNEB AND FORM - ontinued .

rate ompany ; to ompel oversets to deliver ' allegations, it simply put in issue the sub
up jarish boks to their sottos; to stance of that allegation Dotwithstanding
cinsi a lord and steward of a copybold , the words modo et formå. Under the pre
man to animit the tenant ; it also issues to sent rules of pleading denials morto e
inferior Courts anal to judges theref, and furmá, if standing alone,are deemed evasive
justics of the peace and other public func- and are insufficient (Order XIX , 22 ), and
timmaries, to compel them to proceed accord- every traverse is to be express and su
SO large
ing to their respective duties. A mandamus and general (if the facts admit of it) that
is pot generally granted by the Court, the substance of the contrary allegation is
excrpting wben the party applying for it denied, as well in the particular circuin
has no other sprucific remedy (Lex Termes stances of time, place, & c., therein men
de la Lry ; C. L. P. Act, 1854, ss . 75-77 ). tionul, as also in all other circumstances
(2. ) The ordinary mandamus is to all in- | of time, place, & c., whatsoever.
touts and purposes an injudition, and issues YANOR . A mapor seems to have been
under the provisions of the C. L. P. Act, a district of ground held by great per
1854 ( s. 68-74 ), and of the Juilicature sonages, with jurisdictional rights over the
Act, 1873(s. 25,sub-s. 8) and Order Lil:
to compel the defendant in an action to
peopleof the district. Such rights were
the Norman equivalent for the Anglo -Saxon
p rform any duty, being or pot of a public Sic and Sac. A napor (regarded as a
character, in which the plaintiff an
hereditame it) is compounded of various
interest. things, as of a mansion -house, arable land,
MANDAT. In French Law is the man ma pasture, meadow, wood , rent, a iyowson ,
datum of Roman , and the gratuitous buil- curt baron , and such like. A manor, to
ment of English Law . be such , must have continued from time
See titles BAILMENT; MANDATUM. inmemorial ; for at the present day, and
MANDATORY INJUNCTION . Is an ever since the stat. Quia Emptores ( 18
injunction ordering some positive act, Edw. 1 , c. 1 ), a manor cannot be created,
whether or not it be expressed in a pega- because the process of subinfeudation has
been abolished, and a Court Baron cannot
tive form , e.g. , the pulling down of a house, now be made, and a manor cannot exist
erected after plaintiff had given notice of without a Court Baron , and suitors and free
his right of way and after he had com
menced bis action for an injunction (Krehl holders to the amount of two at the least ;
for it all the freeholds except one escheat
V. Burrell, 7 Ch. Div. 551 ) ; damages
would be no equivalent in such a case . to the lord, or if he purchase all except one,
his manor is at once gone and dead. A
MANDATUM . A contract by which one manor by reputation, however, but wbich
employs another to act for him in the has ceased to be a legal manor, by defect of
inanagement of his affairs, or in somne par- suitors of the Court, may yet retain some
ticular departinent of them , which employ- of its privileges, as a preserve for game,
ment the permin accepts and agrees to act and the lord may in that case still appoint
therein , Île who so gives the employment a gamekeeper thereto.
is called the mandator , and he who accepts With reference to the strict legal content
it the manılatarius . It is one of the four of the word manor, it seems that even with
consensual contracts mentioned by Jus- out the addition of the word " appurten
tinian , and is distinguished by him from ances, " it will pass the following properties,
the quari contract Negotiorum Gestorum , viz :
in which the employment was voluntarily ( 1.) The demesnes, i.e., the lands of
accepted without request. The agency in which the lord is seised within
both cases is gratuitous, and is determinable the manor ; *
by denth or renunciation. The mandator (2.) The freehold of all the lands held
hog an action of account against the man by copyhold or other customary
datarius, but the mandatarius is only tenants ;
liable for dolus and culpa lata . (3.) The wastes ;
(4.) Fealty, suit of Court, rents, and
MANNER AND FORM (Modo et forma.) generally all the services;
Formal words introduced at the conclusion
of a traverse ; and their object was to put (5.) Courts Baron witlyfines and perqui
sites annexed thereto ;
the party whose pleading was traversed, (6.) Courts Leet, with the like fines and
not only to the proof that the matter of fact
denied was in its general effect true as perquisites ;
allegod , but also that the manner and form
in which the fact or facts were set forth • But demesnes previously granted in fee do not,
on a repurchase of them by the lord , become part of
were also true. But when a traverso was the manor again , as they would do upon an escheat
pointed to one amongst several independent ( Delacherois v. Delucherois, 11 H. L. C. 62).
MANOR - continued . MARITAGIUM . Was the wife's portion

(7.) Franchises ; and in English Law and the dos of Ronan
( 8.) Advowsons Appendant. Law, and was distinguished from matri
Many manors which have been destroyed monium, which was land inherited from
are still reputed manors, and will pass in one's mother. It also signified the power
a deed by the description of manor. which the lord or guarılian in chivalry had
See title REPUTED MANOR. of disposing of bis infant ward in matri
MANSLAUGHTER . Is a criminal of mony, or that profit which might accrue to
fence ; it is defined as homicide felonious, the lord by the marriage of one uniler
but without premeditation ; and it may age who beld his lands of him by kuight
service.
be either (a.) involuntary, as where a man
doing an unlauful act not amounting to MARITAL RIGHT. The properties of
felony by accident kills another, or where the wife which the husband takes or is
by culpable neglect of duty he occasions entitled to take simply as husband are said
anotier's death ; or ( b. ) voluntary, as when to belong to him by his marital right ( jure
upon a sudden quarrel, two persons fight, miriti), to distinguish them from those
and one of them kills the other, or where a other properties of the wife which be only
man greatly provokes another by some tukes by right of administering to the wife .
personal violence and the other immedi- See title HUSBAND AND WIFE.
ately kiils him .
MARITIME INTEREST. The interest
MANUMISSION . The making of a bond payable on hypothecations and bottomry
man free, which in the feudal ages was a and respondentia bonds is so called ; and
frequent occurrence. Manumission was
either express or implied. Manumission on account of the extraordinary risk at
taching to such loans, the rate of interest
erpress was done by the lord granting to is usually very high , and there was never
his villein a deed of enfranchisement. any restriction upon its amount (Smith's
Manumission implied , was done by the Merc. Law , 8th ed ., p. 410). The phrase
lord entering into an obligation with his is sometimes applied loosely to the interest
villein to pay him money at a certain day, payable by ordinary agreement upon money
or granting him an annuity, or leasing advanced to be hazarded in a commercial
lands to him by deed for a term of years, speculation .
or doing any other similar act which would
imply that he treated with his villein upon MARITIME LAW . The law of shipping,
the footing of a freeman ( Les Termes de le maritime insurance, and such like. As
Ley ). Similar modes of dealing with a regards its source, it is largely derived
servus bad in Roman Law the like effect from the civil law ; and so far as it deals
of an implied manumission ; and in parii. with such questions as the effects of a
cular the mere circumstance of the master blockade, and of carrying contraband , and
describing his slave in a written document of carrying enemy goods in neutral vessels,
as his son ( filius) had the effect of render- and of trading with the enemy, it is derived
ing him a freeman , although not a son almost exclusively from the principles of
(Just. Inst. i . 11 , 12). The modes of ex- international law .
press manumission in Roman Law were See title INTERNATIONAL LAW .
anciently three only, that is to say, by the MARITIME LIEN. Is a lien attaching
rod ( vindictâ ), by the census ( censu ), and
by will (testamento) ; but in later times, to ship and freight for damage occasioned
niany new and simpler modes were intro- by ship, and which lien affords the ground
duced ( favore libertatis), so much so that of an action in rem in the Court of Admi
any declaration of intention to manumit, if ralty ; this lien does not attach to the
made in presence of a magistrate ( e.g., even cargo. The lien attaches as from the date
at a street-crossing ), would suffice. of the damage occurring, and has preced
MANUS. A condition of subjection into ence accordingly over all subsequent liens
and rights arising ex contractu , excepting,
which females might come in Roman Law , semble, subsequent bottomry bonds. The
either by co -emplio ( to their husband or a
stranger), or by usus or confarreatio (to liability of the owners
by theamountof of the sbip
the security, i.e.,isthe
limited
ship
their husband). It became obsolete with and freight, but as regards the costs of the
the establishment of the new subjection of proceedings, the owners are personally
women that was introduced by Christianity. liable. Kay's Shipmasters, 917–19.
See title POTESTAS.
MANUS INJECTIO : See title LEGIS AC- MARITIME TERRITORY : See title
TIONES. TERRITORIAL WATERS.
MARINE INSURANCE : See title IN . MARK. Was the unit of the German
SURANCE OR ASSURANCE. community, called also the vicus ; an aggre
MARK - continued . MARKET OVERT - continued .
gate of such communities constituted the generally the Case of Market Overt, Tud .
pagus or shire ; and an aggregate of shires L , C. Mer. Law , 713.
constituted the populus or state. All the
land within the vicus belonged to it, and MARKS, MERCHANDISE. The marks
was annually allotted as to its arable por placed upon goods the articles of commerce
tions among the freemen , the pasture lands to denote the maker, and incidentally the
being enjoyed in common without allot quality of the goods, are called marks on
ment. merchandise, and by the Common Law
See title FOLKLAND. would be protected upon the like grounds
that trade-marks are protected, viz., the
MARKET . In its legal signification prevention of frauds upon the public, and
may be defined to be the liberty or pri; | indirectly upon the manufacturer of the
vilege by which a town or lord enabled
is goods. The Merchandise Marks Act, 1862
to keep a market ( Old Nat. Brev. 149 ). (25 & 26 Vict. c . 88), was passed for the
Any one being a grantee thereof from the purpose of amending the law relating to
Crown may be entitled to a market ; and the fraudulent marking of merchandise,
for infringement or disturbance of his and the sale of merchandise falsely marked
rights may obtain an injunction ( Elves v. for the purpose of fraud . The Act makes
Payne, 12 Ch . Div. 468). (See also title it a misdemeanor to forge or counterfeit
FRANCHISE ). The Markets and Fairs any mark with a fraudulent intent, or to
Clauses Act ( 10 & 11 Vict. c . 114) conso- apply any mark to goods with a fraudulent
lidates in one Act the provisions usually intent (s. 2), or to any bottle, case, or such
contained in special like with a fraudulent intent (s. 3), or to
and regulating and for
fairs Acts constructing
markets ; and sell or cause to be sold any goods marked
under the stat. 31 & 32 Vict. c. 51 , the with , or in a bottle or case marked with, a
usual days for holding fairs , if inconvenient, forged or counterfeited mark, knowing the
may on representation to the Home Secre- same to be forged or counterfeited (s. 4),
tary be altered, a notice of the alteration and colourable variations are no de fence
being published in the Gazette. The fairs (s. 5 ) ; but the use of a name, word , or
of the metropolis are regulated by the stats . expression, used to denote the quality only ,
2 & 3 Vict. c. 47, and 31 & 32 Vict. c. 106. and not for the purpose of fraud, constitutes
No one may place a stall in a market with- no offence within the Act (s. 9 ). The
out leave from the owner of the soil punishment is fine or imprisonment (not
(Northampton (Mayor) v. Ward, 1 Wils. exceeding two years), or both .
107 ), and trespass will lie for so doing See title TRADE -MARKS.
( Norwich (Mayor) v. Swan , 2 W. Bl. 1116 ),
unless the right to place the stall there MARKSMAN . A deponent in an affida
exists by custom (as it does in many cases) vit who cannot write his name, but makes
or by grant, or license , or prescription. his mark or cross instead, is so termed
The word “ market " sometimes denotes (2 Q. B. 520, n. (a) ; 4 Dowl. P. C. 765 ).
simply that purchasers of the particular The proof of such a signature by com
commodities may always be had, in other parison of handwriting is excluded ,å mark
words, that there is always a demand for not presenting sufficient data of comparison.
the commodities; and when there is not, MARQUE AND REPRISAL, LETTERS
the damages for breach of contract of sale OF. These words “ marque and reprisal,”
ly non - acceptance of the commodities are are frequently used as synonymous ; but
measured by general considerations, and taken in their strict etymological sense,
not by any particular rule. the latter signifies a re -taking, i.e., a taking
See title DAMAGES. in return, and the former signifies passing
MARKET OVERT. Selling goods in the frontiers (marches) in order to such re
market overt means selling them in an open taking. Letters of marque and reprisal
market, as opposed to selling them pri- are grantable by the law of nations, when
vately ; the former kind of sale effects a ever the subjects of one state are oppressed
change in the property of the things so and injured by those of another, and justice
sold , even as against the true owner, e.g., is denied by the latter state ; and the party
in the case of stolen goods ; but a sale out to whom these letters are granted may then
of market overt does not. In the country, seize the bodies or the goods of the subjects
the market-place or spot of ground set of the state to which the offender belongs,
apart by custom for the sale of goods and until satisfaction be made, wherever they
wares, & c., is, in general, the only market happen to be found. Reprisals are to be
overt. In London, however, a sale in an granted only in case of a clear and open
open shop of proper goods, is equivalent to denial of justice. They are regulated in
a sale in market overt; for every day, England by the stat. 4 Hen. 5, c. 7. They
except Sunday, is a market there. See are ofcourse granted only in times of peace,
MARQUE AND REPRISAL, LETTERS MARRIAGE - continued .

OF - continued . consideration of the marriage ( s. 24). This
and for a cause which is not sufficient to information must be filed within one year
provoke an actual war between the two after the solemnisation of the marriage
countries. But at the present day, in con ( s. 25) ( see title ABDUCTION ). The stat.
sequence partly of treaties and partly of Ô Geo. 4, c . 92, and other subsequent
the practice of nations, the making of re statutes, provide for the validity of mar
prisals is confined to the seizure of com riages celebrated in churches and chapels
mercial property on the high seas, by in which banns have not been usually pub
public cruisers , or by private cruisers lished. And under other statutes, com
specially authorized thereto. mencing with the stat. 6 & 7 Will. 4 , c.
See titles PRIVATEERING ; REPRISALS. 85, marriages by or without licences may
be solemnised by virtue of the superin
MARRIAGE. The law of marriage de tendent registrar's certificate.
pends partly on statute and partly on the By the Common Law of England the
Common Law. The most important statute requisites to the validity of a marriage
upon the subject was the 26 Geo . 2, c. 33 were the following
(Lord Hardwicke's Act), by which the (1.) The presence of a priest in holy
publication ofbanns, and thesolemnization orders ( Catherwond v. Caslon, 13
in one of the churches where they had been M. & W. 261 ; Reg. v. Millis, 10
published, were required ; and that statute Cl. & F. 534) ;
also enacted that two witnesses besides the (2.) The presence of witnesses ( Beamish
minister should be present, and that the v. Beamish, 9 H. L. C. 271 ), or
register should be signed by the minister, at least of one witness (Wing v.
parties, and witnesses. This statute, re Taylor, 2 S. & T. 278 ) ;
ferring only to the formalities of the mar (3.) The consent of the parties ( Harrod
riage, was strictly territorial or local (see v. Harrod , 1 K. & J. 4) ;
title LEX Loci Actus ), wbence Gretna (4.) The formalities of marriage as de
Green marriages were valid (Brook v. fined by the Lex loci actus, must be
Brook, 9 H. L. C. 193). The stat . 3 Geo. observed ( Brook v. Brook, 9 H. L.
4 , c. 75, declared marriages of infants by C. 193) ;
licence, without consent, valid. The stat. (5.) The essentials of marriage, as de.
4 Geo. 4, c. 76, repealed Lord Hardwicke's fined by the les domicilii, in
Act, but re -enacted as a requisite to mar cluding therein all questions of
riage, the publication of bands in some personal capacity or incapacity,
church or authorized chapel, and any party must be observed( Brook v. Brook,
interested ( e.g., the parent of a minor) may supra ) ;
object to the banns (89. 2, 8). Consent to (6.) The parties must not be within the
the marriage of an infant (not being a prohibited degrees of consangui
widower or widow ) is to be given by the nity or of affinity ; and for that
father ; and failing him, by a guardian of purpose illegitimate relationship
the person of the infant; and failing him , counts ; but
by the mother ; and failing ber, by the (7.) The consent of the parents is not
guardian duly authorized by the Court of necessary ( Rex v. Birmingham ,
Chancery (s. 16 ); but a marriage without 2 M. & R. 230).
the required consent is valid (Rex v. In See title HUSBAND AND WIFE.
habitants of Birmingham , 8 B. & C. 29). MARRIAGE ACT, ROYAL. This Act
Marriage by special licence is good (s. 20) ;
also by ordinary licence (s. 14 ). Before a (12 Geo. 3, c. 11), as interpreted in The
minor can obtain the ordinary licence, one Sussex Peerage Case (11 C1. & Fin , 85),
of the parties to the marriage must swear prohibits the contracting of marriages (and
that (among other things ) the required annulled any already contracted ) in vivla
consent has been obtained (s. 14) ; and in tion of its provisions, whether the ceremony
case the oath is false (and even in case of a was performed within the realm of England
marriage by banns without such consent ), or without. Its principal provision is that
an information lies in the Court of Chan which requires the sanction of the Queen
cery against the offending party at the to the marriage of all descendants of
George II.
relation of the parent orguardian; and the
Court has power to declare a forfeiture of MARRIAGE ARTICLES. Are the heads
the property accruing to the offending or jottings of the provisions to be embodied
party by virtue of the marriage, and also in a marriage settlement ; and they usually
to settle the property on the innocent party specify the several fortunes of the respective
and the issue of the marriage (s. 23 ), and marrying parties which are to be brought
for that purpose to set aside (so far as into settlement. They should invariably
necessary ) any other settlement made in be in writing and signed by the parties, in
MARRIAGE ARTICLES — continued . MARRIAGE SETTLEMENTS. These
order to satisfy the Statute of Frauds. In are settlements made on marriage, either
Crise of any variance between the settle by the parties themselves to the marriage
ment and the articles, the settlement will contract, or by one of them , or by some
usually be rectified in accordance with the parent or other relation of the parties, or of
articles, unless it can be inferred from all one of them on their behalf. Such settle
the circumstances that the settlement was ments if made before marriage are called
intended to express a new agreement of ante -nuptial, if made after themarriage, are
the parties (Snell's Equity, 5th ed . , pp. called post-nuptial: and there is this broad
441-2 ) . distinction between ante-nuptial and post
Sec title MARRJAGE SETTLEMENTS. nuptial settlements, that the former are
equivalent to purchases for value, while
MARRIAGE, BREACH OF PROMISE the latter are considered as voluntary con
OF. The promise, to support an action, veyances only , and the respective natural
must have been made to the plaintiff ( Cole effects of that distinction attach to the
v. Cottingham , 8 C. & P. 75 ). Moreover, it respective settlements. Consequently , an
must appear not only that the defendant ante- nuptial settlement receives the like
proposed or even promised to marry the favour in Equity and also at Law which a
plaintiff , but also that she promised to purchase for value receives, while a post
marry him ; for in this, as in other cases of nuptial settlement is subject to the like
contract, mutuality is an essential requisite liabilities to be defeated both in Equity
( Veneall v. Veness, 4 F. & F. 314 ). With and at Law which every voluntary settle
reference to the evidence of the promise, ment is subject to (see titles VOLUNTARY
the parties themselves, although formerly SETTLEMENTS : VALUABLE CONSIDERATION ).
incompetent as witnesses ( 14 & 15 Vict. c. Two rules, however, have been established ,
99, p. 4 ), were made competent by the which partially favour post-nuptial settle
stat. 32 & 33 Vict. c. 68 ; but there must be ments above purely voluntary settlements,
some corroboration of the female's own namely :
affirmation of the promise. Various de ( 1.) If the slightest addition of value,
fences may be raised to the action, e.g., not notoriously colourable, is added to the
( 1.) General bodily infirmity arising sub meritorious consideration of blood or natu
sequently to the contract (Atchinson v. ral affection , then the post-nuptial settle
Baker, Peake's Add. Cas. 103 ), not being, ment is taken out of the category of volun
semble, mere infirmity arising from an ill tary settlements altogether, and is placed
ness ( Hall v. Wright, El . BI. & El. 746 ) ; in the category of settlements for value,
( 2. ) Prior unchastity of the female, not with all the corresponding incideuts of
discovered until after the contract (Whar advantage attaching to the latter ( Hewison
ton v. Lewis, 1 C. & P. 529) ; and ( 3 ) v. Negus, 16 Beav. 594) ; and
Mutual releases ( Davis v. Bomford, 6 H. & (2. ) If the post-nuptial settlement has
N. 245). been preceded by marriage articles entered
See title PRE - COXTRACTS OF MARRIAGE. into previously to the marriage, then the
MARRIAGE BROKAGE CONTRACTS. post-nuptial settlement relates back to the
Are contracts by either party to the mar date of the articles, and becomes practi
riage with some third party 10 pay him cally ante-nuptial, or equivalent to a settle
a commission or percentage of the pro ment for value ; and it does not matter
perty obtained by the marriage, in con wbether the articles are in writing or rest
sideration of his having acted as the broker in parol merely (Dundas v . Dutens, 2 Cox ,
or middle man to introduce the parties to 235 ; Warden v . Jones, 2 De G. & J., 76),
each other. Such contracts are void , as the subsequent settlement in writing sup
being against the policy of the law. plying in the latter case, before any action
See title FRAUD. has arisen , the original defect of writing
(Bailey v. Sweeting, 9 C. B. ( N.S.) 813 ;
MARRIAGE CONSIDERATION. Con Bill v. Bament, 9 M. & W. 40 ).
tracts based upon this consideration are Also , by the Bankruptcy Act, 1869 (32
required to be in writing by the Statute of & 33 Vict. c. 71 ), s. 91 , the following pro
Frauds ( 29 Car. 2, c. 3). The considera visions have been made with reference to
tion if past and already executed is meri post-nuptial settlements by traders :
torious only ; but if executory, it is a I. With reference to the husband's pro
valuable consideration, equivalent to money perty in his own right,-
or money's worth. ( 1.) Any post-nuptial settlement made
MARRIAGE, INFORMATION OF : Sce within two years of the subsequent bank
title MARRIAGE. ruptcy of the trader is ipso facto void upon
MARRIAGE OF
the bankruptcy ; and
MINORS : Sce title (2.) Any post-nuptial settlement maile
MARRIAGE . within ten years of the subsequent bank
MARRIAGE SETTLEMENT8 - contd . MARRIAGE SETTLEMENTS — contd .

ruptcy of the trader, and outside of the like a money sum , of being repaid or re
first two years thereof, is also void upon turned. The law regards the consideration
thebankruptcy, until proof of bona fides. of marriage in a sacred light. Where,
II. With reference to the husband's pro- therefore, the sacredness of marriage is
perty in right of his wife, – made a mere pretext for committing a
(3 ) Any post-nuptial settlement by a fraud, as where a trader who has been
trader on his wife and children is good, already living in concubinage with a
notwithstanding the bankruptcy, if the woman marries her on the eve of his bank
property have accrued during the cover- ruptcy, and previously to such marriage
ture . settles all or a material part of his property
Also, by the same Act, and the same on her, and his expected issue by her, the
section thereof, it is provided, that, with marriage consideration being clearly ficti
reference to covenants and contracts made tivus will be disregarded by the Court, and
before marriage by a trader to settle future the settlement, although it is ante-nuptial,
property yet to acquire, all such cove- will be set aside upon the trader's bank
pants and contracts shall be void upon the ruptcy, or as against his creditors (Colum
trader's bankruptcy, unless prior to such bine v . Penhall, 1 Sm. & Giff, 228 ; Bulmer
bankruptcy the property referred to has v. Hunter, L. R. 8 Eq . 46), the wife being
been both acquired and settled pursuant to in such cases presumed tu have notice of
the covenant or contract ( Ex parte Bishop , the husband's embarra ssment, -a presump
In re Tönnies, L. R. 8 Ch. App. 718 ; and tion which , perhaps, would hardly be re
distinguish In re Andrews, 7 Ch. Div. buttable by evidence.
635 ). MARRIED WOMAN : See titles Hrg
Assuming that a marriage-settlement BAND AND WIFE ; EQUITY TO A SETTLE
is ante-nuptial, or (although post-nuptial,) MENT ; SEPARATE Estate ; SURVIVORSHIP,
is for any one or more of the foregoing W.FE's Right OF ; &c. , &c.
reasons valid, the following question
arises upon it, namely, what is the extent, MARSHAL. There are, or used to be,
or who are within the scope, of the mar- several officers of this name, but those
riage consideration. The general rule is, which are more particularly connected with
that the consideration of marringe supports law are ( 1.) The Murshal of the King's
only limitations to the intended husband House or Kniglit Marshal, whose special
and wife and the expected issue, and not authority is in the king's palace, to hear
limitations to any other persons (Johnso: v. and determine all pleas of the Crown, and
Legard, 6 M. & S. 60) ; but to this rule to punish all faults committed within the
there are two exceptions, namely , verge, and to hear and judge of suits be
(a .) Settlements made previously to and between those of the king's housel old ;
in contemplation ofa second mar (2.) The Marshal of the Queen's Prison ,
riage, upon the issue of a former who, previously to the stat. 5 & 6 Vict.
marriage ( Clarke v. Wright, 6 H. c. 22, was called the Marshal of the King's
& N. 849) ; and Bench Prison, and bad the custody of the
( 6.) Settlements made previously to, and King's Bench Prison ; (3.) The Marshal
in contemplation of, a first mar of the Exchequer, to whose custody that
riage upon the issue of either of Court committed the king's debtors for
the marrying parties by a future securing payment of their debts, and who
marriage ( Jenkins v. Keymis, 1 also assigned to sheriffs, escheators, cus
Lev. 150 ; Cluytun v. Wilton, tomers, and collectors their auditors, before
3 Mad. 302 ). whom they had to account ( Fleta, lib. 2,
There is also , speaking with a rough c. 4 , 5 ; Cowel).
acruracy only, a third exception, namely, –
(c.) Settlements made upon collaterals, MARSHALLING OF ASSETS . As it is
if there is any person purchasing right that every claimant upon the assets
on their behalf ; but the validity of a deceased person should be satisfied ( if
of such limitations to collaterals his claim be just so far as that object can
clearly depends upon the money be effected by any arrangement consistent
consideration and not on the mar- with the nature of the respective claims of
riage consideration alone ( Heap the parties in general, it has been long
v. Tonge, 9 Hare, 90). a general principle of Equity, that if a
The peculiarity which attaches to mar- claimant bas two or more funds to which
riage as a consideration is this, that, unlike he may resort, a person having an interest
other considerations, when the marriage in one only of such funds has a right to
consideration has once had effect, the compel the former to resort to the other
parties cannot be remitted to their original or others of them , if that is necessary for
positions, the consideration not admitting, the satisfaction of both . This principle
MARSHALLING OF ASSETS-contd. MARSHALLING OF ASSETS - contd .
is not confined to the administration of the but there is no marshalling in such a case,
estate of a person deceased, but applies if the legatees are charitable.
wherever the election of a party having See titles ADMINISTRATION OF ASSETS ;
two funds will disappoint the claimant LEGACIES.
having the single fund. Thus, where A. , MARSHALSEA , COURT OF. The court
a creditor, can resort to more than one
fund of the deceased, and B., another or seat of the marshal of the king's house .
creditor, can resort to only one, then in This Court was originally held before the
such case A. shall resort to that fund on steward and marshal of the king's house,
which B. has no claim , and thus both And: was instituted to administer justice
will be satisfied ; and this is termed mar between the king's domestic servants, in
shalling of assets. order that they might not be drawn into
The question who are entitled to marshal, other Courts, and thus deprive the king of
and against whom , is one of very consider their services. This Court latterly merged
able complexity, but may be conveniently into the Palace Court, which was erected by
explained in the following manner : King Charles I. to be held before the
Upon referring to the title ADMINISTRA steward of the household and knight
TION OF Assets, it will be seen that there marshal, and the steward of the Court or
is an order usually observed in applying his deputy, with jurisdiction to hold plea
the properties which are applicable in of all manner of personal actions which
payments of debts ; now, by substituting in should arise between any parties within
the same order the various persons to whom twelve miles of the king's palace at White
these various properties would go if there hall. The Court was held once a week,
were no debts to pay, and to whom they together with the ancient Court of Mar
do go so far as they are not exhausted by shalsea, in the borough of Southwark, and
that payment, we obtain the following list a writ of error lay from there to the Court
of persons entitled to participate in the of King's Bench. The business of this
property of the deceased . viz. : Court has of late years much decreased ,
( 1. ) Next of kin ; owing to the new Courts of request or
(2. ) Heir -at- law ; conscience and the County Courts tliat
( 3.) Heir- at- law ; have since been established .
(4.) Charged devisees (specific or resi See title COURT OF THE LORD STEWARD
duary) and charged legatees ; OF THE KING'S HOUSEHOLD .
(5.) Uncharged pecuniary legatees ; MARSHALSEA PRISON. This prison ,
(6.) Uncharged specific and residuary which was also styled the Prison of the
devisees; and uncharged specific Marshalsea of Her Majesty's Household ,
legatees ; and was a prison for debtors, and for persons
(7.) Appointees. charged with contempt of Her Majesty's
Now the general rule of marshalling is Court of the Marshalsea ; the Court of the
this, That if any person in the above list Queen's Palace of Westminster, commonly
is disappointed of his benefit under the called the Palace Court, and the High
will through the creditor seizing upon ( its
he may ) the fund intended for him , such Court of Admiralty ;: and also for Admi
disappointed person may recoup or com ralty prisoners u:ider sentence of courts
martial. By 5 Vict. c. 22, this prison and
pensate himself for that disappointment the Fleet and the Queen's Bench prisons
by similarly going against the fund in were consolidated into one prison called
tended for and disappointing in his turn the Queen's Prison (5 Vict. c. 22 ; 6 Jur.
any one or more of the persons prior in 254).
the above list ; and such secondly disap
pointed person or persons may in his or MARTIAL LAW . The law wbich is
Their turn do the like against those prior properly designated Martial Law consists
to him or them ; so that eventually the of no settled code, but of the will and
next of kin bave to bear the disappoint- pleasure of the king or his lieutenant; for
ment which was occasioned by the act of in the time of war, on account of the great
the creditor. Moreover, persons who stand necessity there is for guarding againet
in the same position in the above list, may dangers that often arise, and which require
have contribution ( if not compensation ) as immediate attention, the king's power is
against each other. But no one has any absolute and his word is law. Neverthe
right to compensation as against persous less, martial law in that sense does not
posterior to himself in the above list. exist in time of peace ( Grant v. Gould ,
Similar rules apply in the case of legacies, 2 H. Bl . 69, 100 ) ; and the law of Courts
when the personal estate is insufficient to Martial, sometimes called Military and
pay them , and when some of them are Naval Law , is to be distinguished from
chargid on lands and the others are not ; it, as that law which governs soldiers and
MARTIAL LAW - continued . MASTER AND SERVANT - continued .
sailors as such in times of peace, and for hiring, in the absence of any custom to the
the due administration of which there are contrary, is presumed to be a yearly hiring,
special Courts military or Courts naval and in all cases, a hiring at so much per
provided. Yet so jealous of these juris- month is a hiring for a year (Fawcett v.
dictions was the Common Law of England Cash, 3 N. & M. 177). In the case of
that they had continuance for one year domestic servants , such hiring may be
only, being annually re- constituted by the determined by a month's notice or a month's
Mutiny and Marine Mutiny Acts which wages in advance given or paid at any time
were passed at the beginning of each ses- ( Turner v. Mason, 14 M. & W. 112) ; but
sion of Parliament ; and in the Army in the case of clerks and the higher classes
Discipline Act Commencement Act, 1879 of servants, the hiring, if general, is con
(42 & 43 Vict. c. 32 ), for putting in force strued to be a hiring for one year, and so
the Army Discipline Act, 1879 (42 & 43 on from year to year, and must be deter
Vict. c. 33), the like constitutional prin- mined with the year, at least in the absence
ciple is preservel, a short Commencement of misconduct ( Beeston v. Collyer, 4 Bing.
Act being rendered necessary in every 339 ). But a hiring at two guineas a week
year (42 & 43 Vict. c. 33, s. 2). for one year has been held to be not a
See title ARMY DISCIPLINE ACT, 1879 . yearly but a weekly hiring (Robertson v.
MASTER . This is a name descriptive of Jenner , 15 L. T. ( N.S.) 514). So on a
various officers or offices in the law , several contract to pay a commercial traveller by
of which have recently been abolished . commission , no implication arises of a
See titles MASTERS IN CHANCERY ; yearly hiring ( Nayler v. Yearsley, 2 F. & F.
MASTERS AT COMMON LAW. 41 ).
MASTER OF THE FACULTIES. An Every person suffering himself to be
officer under the Archbishop of Canterbury hired as a skilled artisan warrants that he
who grants licences and dispensations possesses the requisite ability and suffi
( Cowel). ciency, and upon proof of his want of such
ability or sufficiency, i.e., of his incom
MASTER OF THE ROLLS. One of the petency, his employer may discharge him
judges of the Court of Chancery ; he is so ( llarmer v. Cornelius, 5 C. B. (N.S.) 236 ).
called because he has the custody of the A servant has a right to be paid for his
rolls of all patents and grants which pass work, and paying for same otherwise than
the great seal, and also of the records of by money is contrary to the Truck Act
Chancery. He presides in a court called (i & 2 Will. 4, c . 37), but that Act pro
the Rolls Court, and his duties are assistant perly applies to labourers only ( Riley v.
to those of the Lord Chancellor, whose Warden , 2 Ex. 59).
deputy he is, and all the jurisdiction of the A servant is not personally liable on con
Lord Chancellor is vested in him as such tracts made by him for his master; but he
deputy by long usage confirmed by Act of is liable for torts committed by him,
Parliament in the reign of Geo . Iİ. (In re although at the command of his master
St. Nazaire Co., 12 Ch. Div . pp. 97-98). ( Cranch v. White, 1 Scott, 314) ( a case of
He is first called Master of the Rolls in trover ); similarly he is civilly liable for
11 Hen . 7, c. 18 ; but his office is as assisting his inaster in a fraud ( Cullen v.
ancient as the Court itself. Unlike that Thomson , 4 Macq. H. L. C. 441). Con
of the Vice -Chancellors, his jurisdiction, versely , the master is liable for the tort
prior to the Judicature Acts, 1873-5, used of his servant committed in his service
to be in the nature ofa distinctjurisdiction, (McManus v. Crickett, 1 East, 106 ).
which the suitor might for certain purposes A master lies under certain duties to his
elect in preference to that of the Lord servant. He is bound to provide an ap
Chancellor; but in consequence of the prentice with medical attendance and
Judicature Acts, the Rolls Court as a medicine during sickness ( Reg. v. Smith , 8
Court of Justice is now upon a level in all C. & P. 153) ; secus, in the case of a
respects with the Vice-Chancellors' Courts ; menial or general servaut. He is bound
but the Master of the Rolls retains his to provide for the reasonable safety of his
ancient dignities, and continues invested servant while engaged in his employment,
with his ancient functions, as a personal as by fencing machinery and otherwise ;
officer, excepting that he is no longer but having done that, he is secure,-thus,
capable of sitting in the House of Commons a master was held not liable for an injury
(36 & 37 Vict. c. 66, s. 9 ). sustained by his servant through the break
MASTER AND SERVANT. This is the ing down of a carriage in which the servant
relation which arises out of the contract of was riding at the time on his master's
hiring. That contract may be either for business, through a defect in the carriage
an expressly defined period or for an inde- of which the master was not aware (Priest
finite or unexpressed period ; but a general | ley v . Fowler, 3 M.& W. 1).
Z
MASTER AND SERVANT- continued . MASTERS AT COMMON LAW - contd .

A master may maintain an action for or Division always attends the sittings of
debauching his servant ( Fores v. Wilson, his own Court in banc, and usually sits on
Peake, 55) ; and may even justify an the lower bench , appropriated for him and
assault in protecting his servant ( Tickell v. other officers, at the foot of the judicial
Read, Lofft. 215 ) . So also trespass will bench. The Court of Appeal at Common
lie by a master for enticing his servant Law , also, is always attended by one of
away (Hart v. Aldridge, Cowp. 54 ). the masters. Their chief duties, when
Under various statutes the justices have attending the Court, consist in taking affi
a summary jurisdiction in questions arising davits sworn in Court, in administrating
between masters and their servants , as for oaths to attorneys on their admission, and
non -payment of wages by the master, for in certifying to the Court, in cases of doubt
misconduct on the part of the servant, and or difficulty, whatthe practice of the Court
such like. is. Their principal duties out of Court
consist in hearing and determining all the
MASTERS IN CHANCERY. The mas- minor questions of procedure, e.g., extend
ters in Chancery were officers of that Court ing the time to plead, giving leave to
whose duty it was to make inquiries (when defend, and such like ; also , in taxing
so required by the Court) into matters attorney's costs , in computing principal
which the Court could not conveniently, and interest on bills of exchange, promis
without the assistance of such officers, sory notes, and other documents , under
make for itself, and to report to the Court rules to computer-inexamining witnesses
their findings or conclusions with respect who are going abroad , for the purpose of
to such matters. The duties of these obtaining their testimony, -in hearing and
masters were of a mixed character , being determining rules referred to them by the
partly judicial, and partly ministerial, the Court in the place of the Court itself, -and
powers which they possessed in both in reporting to the Court their conclusions
respects having been delegated to them with reference to the rules referred to
by the Court. Whenever a master had them .
acted in obedience to the directions of the See titles CHAMBERS ; CHIEF CLERK ;
Court, he used to inform the Court, by a REGISTRAR.
document in writing, of what he had done, MASTERS OF SUPREME COURT. This
or what conclusion he had come to ; and in is the name designating the officers under
most cases this document was called the
whose control and superiutendence the
master's report. The masters in Chancery, central office of the Supreme Court of
in addition to their ordinary functions, Judicature is placed by the Act 42 & 43
acter also as messengers from the Hou : e Vict. c. 78 .
of Lords to the House of Commons. There See title CENTRAL OFFICE (SUPREME
were also certain other officers of the Court
COURT).
of Chancery called masters extraordinary
in Chancery; these were usually solicitors, MATERNAL ANCESTORS : See title
who were appointed by the Court to act in DESCENTS .
the various counties of England in taking MATERNAL INHERITANCE. As op
affidavits, acknowledgments
cognizances, of deeds,
& c., which otherwise re
would posed to a paternal inheritance, was an
have had to be taken before the masters in inheritance derived through the mother or
London , and would thus have occasioned the mother's family, and the descent of the
to the suitors logs of time and expense in estate used to be ( and still would be ) traced
coming to London for that purpose (Gray's accordingly.
See title DESCENTS.
Ch. Prac. 103 ). The duties formerly dis
charged by the masters in ordinary in MATRIMONIAL CAUSES. The juris .
Chancery are now discharged by the chief diction of the Ecclesiastical Courts in
clerks attached to the chambers of the matters and causes matrimonial was trans
various judges; those formerly discharged ferred by s. 6 of the stat. 20 & 21 Vict. c. 85 ,
by the masters extraordinary are now dis- to the Court by that Act established, and
charged by solicitors qualified as commis- which was called the Divorce Court, and is
sioners for taking oaths and acknowledg. now a branch of that division of the High
ments throughout the kingdom . Court which is called the Probate, Divorce,
See titles CHIEF CLERK ; REGISTRAR. and Admiralty Division . Matrimonial
causes include the principal matters of
MASTERS AT COMMON LAW . Each divorce, judicial separation, nullity of mar
of the three superior Courts of Common riage, restitution of conjugal rights, and
Law or Common Law Divisions has five jactitation ofmarriage,together with various
important officers attached to it, termed matters incidental to these principal mat
masters. One of the masters of each Court ters, such as damages in divorce, variations
MATRIMONIAL CAUSES —continued. MEDICAL PRACTITIONER . The stat.

of marriage settlements, custody of chil 55 Geo. 3, c. 194, makes regulations re
dren, and such like. For people in humble garding the education , examination, admis
life, a woman may obtain from a police sion, and practice of apothecaries, and
court an order amounting to judicial sepa imposes a penalty of £20 for every viola
ration from her husband in case of his con tion thereof. Practising as an apothecary
viction for an aggravated assault upon her means mixing up and preparing medicines
(41 Vict. c. 19 ). prescribed either by a physician or by the
apothecary himself ( iVoodroard v. Ball,
MATRONS, JURY OF. A jury of matrons 6 C. & P. 577 ). An apothecary violating
is a jury formed of women, which is im the Act has no means of recovering his
panelled to try the question whether a charges, s . 21 (Steel v. Henley, 1 C. & P.
woman be with child or not, where she 574 ).
being sentenced to death for felony pleads The stat. 15 & 16 Vict c. 56, regulates
pregnancy in stay of execution .
See title PREGNANCY, PLEA OF. the qu:: lification of pharmaceutical che
mists; and the stats. 14 & 15 Vict. c. 13 (as
MATTER IN DEED. Is some private to arsenic ), and 31 & 32 Vict. c. 121 ( as
matter or thing contained in a deid be to other poisons generaliy ), regulate the
sale of medicines of a poisonous character.
tween two or more parties ; as the cove The stats. 21 & 22 Vict. c. 90 (the
nants or recitals in a lease ; and these, al
though inrolled , that is, transcribed upon Medical Act), and 23 & 24 Vict . c. 66, and
the records of one of the Queen's Courts other Acts, regulate the qualifications and
at Westminster, or at a Court of Quarter powers of surgeons and physicians, and
constitute a council, the members of which
Sessions, as they often are, for safe custody, are the sole judges of the correctness of
do not thereby become matter of record,
but are simply deeds recorded or inrolled ; professional conduct ( Ex parte La Mert, 4
and there is a material difference between B. & S. 582). A physician registered under
a matter of record and some matter re 21 & 22 Vict. c. 90, who attends a patient
corded for the purpose of custody only,-a professionally, and who is not prohibited
record being an entry on parchment of by any bye-law of the College of Physicians
judicial matters or proceedings which have from suing for same, may recover his fees
without an express contract ( Gibbon v.
taken place in a Court of record, and of
which the Court takes judicial notice, as Budd, 2 H. & C. 92 ) ; but before that Act,
matter coming peculiarly under its own a physician could not maintain an action
cognizance, whereas the inrolment of a for his fees ( Chorley v. Balcot, 4 T. R.
deed is a private act of the parties con 317).
cerned , of which the Court takes no cor MEDIETAS LINGUÆ. A jury de me
nizance at the time when it is done. dietate linguæ was a jury consisting one
See title ESTOPPEL. half of natives and the other half of
MATTER IN PAIS. Simply mrans foreigners, to try a cause in which either
matter of fact, probably so called because the plaintiff or the defendant was a
matters of fact are triable by the country , foreigner (Staun. Pl. Cor. Lib . 3, c. 7).
i.e., by a jury. But such juries were abolished by the
See title ESTOPPEL. Juries Act, 1870 (33 & 34 Vict. c. 77).
Aliens who have been domiciled here for
MATTER OF RECORD. Signifies some ten years or upwards, and being otherwise
judicial matter or proceeding entered upon qualified, are now competent generally to
one of the records of the Court, and of serveon juries.
which the Court takes peculiar cognizance. See title JURY .
Thus, the judgments in actions in the Su
perior Courts, and in other Courts of record, MELIORATIVE WASTE : See title AME
LIORATIVE WASTE .
being matter which is entered upon the
records of the Court and filed with its MEMBER OF PARLIAMENT. Is the
officer, are thence termed matters of record. person chosen either by the county or by
See title ESTOPPEL.
the borough or group of boroughs having
MAYOR'S COURT. See title LORD the right of representation to represent it
MAYOR'S COURT. in Parliament (see titles ELECTORAL FRAN
MEASURE OF DAMAGES : See titles CHISE ; REPRESENTATION AND REPRESEN
DAMAGES ; MARKET. TATIVE ; REPRESENTATION IN PARLIAMENT).
He was entitled from the earliest times to
MEASURES, WEIGHTS AND : See title receive wages from his constituents for his
WEIGHTS AND MEASURES. attendance in Parliament and for his ex
MEDIATION : See title INTERVENTION OR penses incidental thereto , and for levying
MEDIATION . and raising the amount he was given the
Z2
MEMBER OF PARLIAMENT - contd . MEMORANDUM OF ASSOCIATION
continued .
writ de levandis expensis by Edw. II., who shareholders and members in and of the
also fixed the amount at 48. per diem . The
issue of this writ for the purpose was con company.
stant till the end of Hen. VIII.'s reign ; See titles ARTICLES OF ASSOCIATION ;
after that date, the payment of members LIMITED LIABILITY.
continued, but if not made voluntarily, ap. MEMORIAL OF DEEDS. By several
pears not to have been customarily enforced Acts of Parliament all deeds and wills
by writ. The latest instance of the writ concerning the conveyance or disposition of
being issued is in 1681 , in the case of Tho estates in the counties of York, Kingston
mas King, who was member for Harwich . upon -Hull, and Middlesex (subject to
Excepting by desuetude, the writ is still certain exceptions ), are required to be
issuable, but for nearly 200 years has not registered , and such registration is effected
issued. At the present day, and in fact by the execution and deposit of a memorial
since the year 1858, no property qualifi- under the hand and seal of some or one of
cation is required in any member ;but by the grantors or grantees, his or their heirs,
the stat. 9 Anne, c. 5, £ 600 a year in land executors or administrators, guardians or
was required of every knight of the shire, trustees, which memorial is to contain ,
and by the stat. 1 & 2 Vict. c. 48, this pro- first, the day of the month and year when
perty qualification had been retained, with the instrument bears date, the names and
the variation that the income might arise additions of all the parties to it, and of the
either from land or from personal estate or witnesses, and the places of their abode ;
from both. By an old stat., 23 Hen , VI., and , secondly, a description of the property
c. 15, a knight of the shire required further conveyed, or proposed to be conveyed or
to have been a gentleman born , i.e. genero- disposed of, the names of the parishes
8U8 a nativitate ; but this stat. has long wherein respectively it lies, and themanner
fallen into practical desuetude. The House in which the same property is dealt with
has an inherent right to expel a member; or affected by such instrument or instru
the expulsion operates to vacate the seat of ments. Provision has now been made for
the member expelled, but does not render rendering the registration of such memo
him ineligible . Attainder for treason or rials universal throughout England, by
felony is a disability by the Common Law and in accordance witb the Land Transfer
(4 Inst. 47) ; and a mere conviction (with Act, 1875 (38 & 39 Vict. c. 87 ), but the last
out attainder) fortreason or felony is equally mentioned Act is not compulsory.
a disability (Smith O'Brien , 1849 ; O'Do
MEMORY, LEGAL : See title LEGAL
novan Rossa , 1870 ; and see the stat. 33 & MEMORY.
34 Vict. c. 23 ; and the case of John Mit
chell, chosen for Tipperary, in 1875 ). MEMORY, LIVING : See title LIVING
Without expelling, the House bas also full MEMORY,
power to punish its offending members by MEMORY OF MAN . In law the memory
commitment or otherwise. See May's Pur of man is supposed to extend back to the
liamentary Practice ; May's Constitutional time of Richard I. ; and until the 2 & 3
History ; Hallam's Middle Ages ; Hallam's Will . 4, c. 71 , any custom might have been
Constitutional History ; Taswell-Lang destroyed by proving that it had not existed
mead , uuinterruptedly from that period . But
MEMORANDA, IN EVIDENCE . For though it was essential to the validity of
the purpose of refreshing his memory, " a a custom that it should have existed
witness may refer to memoranda made at before the commencement of the reign of
or shortly after the dates of the matters Richard I., yet proof of a regular usage for
referred to therein ; and in the case of twenty years, not explained or contra
scientific witnesses, called to speak of the dicted, was sufficient for a jury to find
results of their observations and experi- the existence of an immemorial custom
ments, these memoranda are very much (Mounsey v. Ismay, 3 H. & C. 486).
used, and appear to be almost indispen- See titles LEGAL MEMORY ; LIVING
sable. MEMORY ; PRESCRIPTION.
MEMORANDUM OF ASSOCIATION . MENSÂ ET THORO : See title DIVORCE.
Where a company is being formed under MERCANTILE CUSTOM : See titles
the Companies Acts, 1862, 1867, and 1877, CUSTOMARY LAW ; CUSTOM OF MERCHANTS ;
a written document called the memo EXTRINSIC EVIDENCE .
randum of association is invariably drawn
up, expressing (among other things) the MERCANTILE LAW . Is that law which
object for which the association or com- treats of matters of trade between mer
pany is formed ; and such document is chant and merchant, whether trading
subscribed by at least seven persons as alone, or in partnership, or as wembers of
MERCANTILE LAW - continued . MERE RIGHT. The right of property
a company. It is largely occupied with ( the jus proprietatis), which a person may
Bills of Exchange and other negotiable have in anything, without having either
instruments ; contracts of carriage and of possession or even the right of possession,
affreightment; contracts of insurance and is frequently spoken of under the name of
of guarantees ; and with questions of lien, the “ mere right," and the estate of the
stoppage in transitu , and the like. owner is in such cases said to be totally
See titles CUSTOM OF MERCHANTS ; divested and put to a right ( Co. Litt. 345).
5
MARITIME LAW. MERGER . This term is the equiva
MERCHANDISE MARKS ACT : See title lent of confusio in the Roman Law, and
MARKS, MIERCHANDISE. indicates that where the qualities of debtor
and creditor become united in the same in
MERCHANT SHIPPING . The law of dividual, there arises a confusion of rights
merchant shipping is concerned with the which extinguishes both qualities ; whence
ownership of the vessel, including the regis also merger is often called Extinguishment.
tration of transfers of and charges upon
And just as in the Roman Law the prætor
such ownership ; the liabilities of the in certain cases where merger would be
owner of the vessel, and his duty to secure inequitable, intercepted and prevented it,*
the seaworthiness of the vessel ; the re
so also in English Law the Chancellor
ciprocal rights and duties of masters and interferes in like cases to prevent it. And
seamen ; matters of pilotage, salvage, therefore it is a rule of English Law, that
wreck ; the safety of passengers and of merger of aa debt will not take place, if it
cargo ; and such like . The principal Act would be to the prejudice of creditors of
is the Merchant Shipping Act, 1854 the deceased ( In re Price, Price v. Price,
( 17 & 18 Vict. c. 104) ; but there are very 11 Ch. D. 163), but only when all are paid
many other Acts relating to different (Chambers v. Kingham, 10 Ch . D. 243) ;
branches of this law. also, that merger of estates and charges
MERCY . When the judgment in an or other interests therein (although such
action was for the plaintiff, the defendant merger would invariably , prior to the Judi
was said to “ be in mercy " (misericordia ), cature Acts, 1873–5 , have taken place at
that is, amerced or fined for his delay of Law ) would or would not take place in
justice ; and when the judgment was66for Equity according to the intention actual or
the defendant, the plaintiff was said to be presumed of the person in whom the two
in mercy ” for his false claim . The phrase interests come to be united ; and even at
has been long obsolete (Steph. 122). Law, merger was excluded in certain ex
See title AMERCIAMENT. ceptional cases. And now , under the Judi
MERCY, PREROGATIVE OF. The sove cature Act, 1873 (s. 25, sub-s. 4), there is
reign may pardon a criminal after convic to be no merger at Law wherever there
tion, and without assigning any cause for would have been none in Equity,
so doing ; but the improper exercise of the The doctrine of merger is chiefly of im
prerogative would reflectupon theministry. portance with reference to real property ;
The prerogative does not extend to exempt and in examining the subject, it is conve
the accused from undergoing his prosecu nient to divide it under two heads,
tion . namely :
MERE MOTION . The free and volun
( 1.) Cases in which the owner of the
charge becomes also owner of the
tary act of a party himself, without the estate ; and
suggestion or influence of another person . (2.) Cases in which the owner of the
The phrase is used in letters patent, estate becomes also owner of the
whereby the king grants, “ of his ( especial charge.
grace, certain knowledge, and) mere Now, FIRSTLY, as a general rule, where
motion” (mero motu ), his licence, power , the owner of the charge becomes also
and authority to the patentee to use and owner of the estate whether in fee simple
enjoy,exclusively, the new invention, the or in fee tail, the charge is ipso facto
grant being assumed to be of the free and merged and extinguished in the estate.
unfettered will of the sovereign (Webster Bnt to this general rule there are the fol.
on Patents, 76, n. (d) ). lowing exceptions, that is to say , -- ( 1.) The
The expression is also applied to the charge may be kept alive, and the intention
occasional interference of the Court, who, to keep it alive may be either expressed in
under certain circumstances, will (ex mero
so many words, or may be implied from
motu ), “ of their own motion," object to circumstances or from conduct . For ex
an irregularity in the proceedings of the ample, if a mortgagee who purchases the
parties, though no objection be taken to the equity of redemption takes a conveyance
informality by the plaintiff or defendant
himself (1 Bing. N. 0. 258 ; 1 B. & P. 366). * See Brown's Savigny on Obligations, p. 15.
MERGER - continued . MERGER — continued .
thereof to a trustee for himself , and the charge will not merge in the estate, even
conveyance contains a declaration that the although the owner should be in posses
mortgage security shall remain on foot, sion ( Drinkwater v. Combe, 2 S. & S. 340) ;
there, from the expressed intention of the and ,
party, merger is excluded. Again , the (c.) If the owner who buys up the charge
intention to prevent a merger, where not is an infant, the Court of Chancery sauc
expressed, has been implied under the fol tioning the purchase, there is no merger,
lowing circumstances, viz. : as the infant can express no intention in
(a. ) The mortgagee, becoming beneficial the matter, and the Court will not preju
devisee of the equity of redemption and dice him or the real or personal representa
being also executor of the testator-mort tives who may claim under him ( Alsop v.
gagor, in his residuary account as executor Bell, 24 Benv. 451 ) ; also ,
stated that he had retained £ 467 out of the ( d .) If the owner who becomes entitled
personal estate towards payment of his also to the charge has an interest in keep
mortgage debt, and afterwards devised the ing the charge alive, e.g., if the merger or
property to X., Y., and Z., provided they extinguishment of the charge would give
undertook to receive the same with all the priority to subsequent incumbrances , in
liabilities attaching thereunto ; and it was that case there will be no merger, in what
held upon the intention which these acts ever manner, whether by succession, be
implied, that the charge had not been quest, or purchase, the owner has acquired
merged in the estate ( Hatch v. Skelton , the charge ( Grice v. Shaw, 10 Hare, 70) ;
20 Beav. 453). Again , and,
(6.) If the effect of suffering the charge (e.) If the owner who becomes entitled
to merge would be to give priority to sub to the charge has only a limited interest in
sequent incumbrances, it will be presunied, the estate, eg., if he is only tenant for life,
from the clear advantage arising to the the charge will clearly not merge, at least
owner of the estate from keeping the when he has acquired the charge by pur
charge alive, that the charge has not chase ( Burrell v. Earl of Egremont, 7 Beav.
become merged in the estate (Forbes v. 205 ) ; and apparently (on principle at least),
Moffatt, 18 Vez. 384) ; and this will be not even where lie has acquired the charge
à fortiori so, if the owner is a lunatic by succession or bequest ; but this case is,
( Lord Compton v. Oxenden , 2 Ves. Jun. in fact, scarcely an exception to the general
261 ) ; and , rule of merger as stated above (seeMorley
( c.) If the owner of the charge becomes v. Morley, 5 De G. M. & G. 620 ) ; lastly,
epiitled only to a limited interest in the ( f.) No merger will take place where a
estate, the charge will clearly not merge, merely contracting purchaser of an estate
although this case is bardly an exception pays off a charge upon it, befure the com
to the general rule as stated above. pletion of his purchase (Watts v. Symes, 1
And, SECONDLY, as a general rule, where De G. M. & G. 240) ; and apparently vot
the owner, whether in fee simple or in fee even if the purchase is afterwards com
tail, becomes also owner of the charge, the pleted.
charge is ipso facto merged or extinguished There are also other special causes
in the estate . This rule is almost without excluding merger. Thus, tithes will not
exception where the charge comes to the merge by mere unity of possession (Chap
owner of the estate by succession or by be man v. Gatcombe, 2 Bing. N. C. 516 ) ; as
quest ; and even where it comes to him by peither will a commutation rent-charge in
being purchased up by bim , the general lieu of tithes ; but provision has been
rule almuost invariably holds, but with the malle by certaiu recent statutes for efficting
following exceptions : a merger of both whenever the land and
(a.) When the owner of the estate who the tithes or rent-charge belong to one and
buys up the charge is not in possession of the same individual. Moreover, redeemed
the estate, but is,say, a tenant in tail or in land -tax is on the same footing as commu
fee simple in remainder expectant upon tation rent-charge with regard the ques
some other estate, the owner of which tion of merger ( Ware v. Polhill, 11 Ves.
might bar or exclude his interest alto 257) .
gether, in that case the charge will not Again, where the estate and the charge
merge ( Wigsell v. Wigsell, 2 S. & S. 364), become vested in the same individual in
even although he should afterwards bé different rights, e.g., the estate in his own
come entitled in possession ( Horton v. right and the charge in autre droit, or vice
Smith, 4 K. & J. 624) ; also, versâ , in such a case, the general rule, even
(6.) Similarly, where the owner who buys at law , is that the union of the two would
up the charge has only a defeasible estate not cause any merger, if such union be
by reason of some executory devise over, occasioned by the act of law , e.g., by
which may or may not take effect, the descent, and not by the act of the party,
MERGER - continued . MERITS -- continued .

e.g. , by purchase. So, if the owner of a grounds of the action still remained to be
term make the freeholder his executor, tried, he might ultimately be successful
the term will not merge ; but if the ex upon these. So an affidarit of merits sig
ecutor holding the term as such , should nities an affidavit that upon the substantial
himself purcha: e the immediate freehold, facts of the case justice is with the party
the better opinion is that the term would so making such affidavit. Such an affidavit
merge, subject only to the rights of the is required in support of certain applications
creditors (if any ) of the testator. to the Court, e.g., in order to obtain leave
Again, if one of two joint holders of a to defend an action where the claim is for a
term obtain the immediate freehold, his debt or liquidated demand in money , and
moiety of the term would merge ; aud con the writ is specially indorsed (Order xiv.,
Versely, if the sole owner of a term obtain 1 May, 1877).
the immediate freehold jointly with an
other,one moiety of the term would merge, MERITS, AFFIDAVIT OF : See title
MERITS .
aud the joint ownership of the freehold
would continue, subject only to the remain MERTON, STATUTE OF. The 20 Hen . 3,
ing moiety of the term . is so called because it was passed in the
MERITORIOUS CAUSE OF ACTION . A convent of St. Augustin , at Merton , in
person is sometimes said to be the merito Surrey. The particular provisions of the
rious cause of action when the cause of statute regarded, 1st. Legitimacy of chil
action, or the consideration on which the dren ; 2ndly. Dower ; 3rdly. Inclosure of
action was founded, originated with, or was common lands; and, 4thly. Wardships.
occasioned by, such person. Thus, in an See titles APPROVEMENT; LEGITIMA
TION .
action by husband and wife for the breach
of an express promise to the wife in con MESNE . Middle, intermediate, inter
sideration of her personal labour and skill vening. The word “ mesne " is ordinarily
in curing a wound, she would be termed
the meritorious cause of action . So in an used in the following combinations :- 1st.
action by husband and wife upon an Mesne Lord ; 2nd . Mesne Process ; 3rd .
Mesne Assignments ; 4th. Mesne Incum
agreement entered into with her before brances ; 5th . Mesne Profits.
marriage, she would be the meritorious
cause of action ; for it originated or accrued 1st . A Mesne Lord was the term applied
in the feudal times to the lord of a manor
out of a contract entered into with her. who had tenants under him , and yet a
So a promissory note made to the wife superior lord over him , and so held an
during coverture in her own nanie is pre intermediate position between the two.
sumed to be made upon a consideration 2nd. Mesne Process is generally used in
moving from her ( Leake on Contracts, contradistinction to final process, and sig.
240-41). In all such cases, the husband nifies any writ or process issued between
and wife ought to be joined as co-plaintitfs, the commencement of the action and the
because in case the wife survive after com
mencement but before conclusion of the suing out final process or execution in such
action ; and includes also the writ of sum
action, the right of recovery will survive to mons, notwithstanding this is the process
her, and the suit will not have abated by by which personal actions are commenced ,
the husband's death . But it appears to and therefore caunot be regarded now as
be optional with the husband, if he chooses mesne or intermediate process, in the literal
to take the risk, to sue alone in all euch
cases .
sense of the word. See per Parke, B., in
Harmer v. Johnson , 14 M. & W. 340.
MERITS . The real or substantial 3rd . Mesne Assignment_signifies an in
grounds of the action are frequently so termediate assignment. Thus, if A. grant
termed , in contradistinction to some tech a lease of land to B., and B. assign his
nical or collateral matter which lias been interest to C., and C. in his turn assign bis
raised in the course of the suit. Thus interest therein to D., in this case the as
where, at a time when special demurrers signments so made by B. and C. would be
were in use, a defendant demurred to the termed mesne assignments; that is, they
plaintiff's declaration on the ground of would be assignments intervening between
some mere technical informality, and the A.'s original grant and the vesting of D.'s
plaintiff, instead of amending , joined in interestin the land under the last assign
demurrer, with the view of having the ment.
point argued before the Court; in such a 4th . Mesne Incumbrances signify inter
case, although he might be beaten upon mediate charges, burdens, liabilities, or
the demurrer, by the Court deciding against incumbrances ; that is, incumbrances which
the sufficiency of the declaration iu point have been created or have attached to pro
of form, yet as the merits or substantial perty between two given periods. Thus,
MESNE-continued. MESSENGERS — continued .

when a vendor of an estate covenants to it is to attend on the great seal either in
convey land to a purchaser free from all person or by deputy, and to be ready to
mesne incumbrances, it commonly means execute all such orders as he shall receive
free from all charges, burdens, or liabilities from time to time from the Lord Chan
which might by possibility have attached cellor, Lord Keeper, or Lords Commis
to it between the period of his purchase sioners ( Chan. Com . Ren. 138, cited in
and the time of the proposed conveyance Smith's Ch . Pr. 57 ). There are certain
to the intended vendee . persons attached to the Court of Bank
5th. Mesne Profits are intermediate pro- ruptey who are also styled messengers,
fits; that is, profits which have been accru- and whose duty consists, amongst other
ing between two given periods. Thus, after things, in seizing and taking possession of
a party has recovered the land itself in an the bankrupt's estate during the proceed
action of ejectment, he frequently brings | ings in the bankruptcy ( Yate Lee's Bank
another action for the purpose of recovering ruptcy, pp. 898–900).
the profits which have been accruing or MESSUAGE. This word is now synony
arising out of the land between the periods
of his title to the possession accruing or mous with the word “ dwelling-house,” but,
being raised , and of bis recovery in the as having once had a larger signification,
action of ejectinent , and such an action is it invariably precedes the word " dweiling
thence termed an action for mesne profits. house ” in an enumeration of parcels. A
In ejectment by landlord against tenant, grant of a messuage with the appurtenances
mesne profits are recoverable in the very will pass not only the dwelling-house but
action itself of ejectment, upon proof of also all buildings adjoining or a tached to
title by the landlord ; but in all other it, together with the curtilage, garden, and
cases of ejectnient, a special action for orchard , and the close in which the house
mesne profits must have been brought as is built, and any pleasure grounds adjoin
above, although now under the Judicature ing and belonging to it (see 2 Bing. N. C.
Act, 1873 , these profits may be recovered in 618 ; Les Termes de la Ley ).
the action of ejectment itself. METALLIFEROUS MINES REGULA
MESNE ASSIGNMENT : See title MESNE. TION ACTS. The Arts at present in force
MESNE INCUMBRANCES : See title are the stats. 35 & 36 Vict. c. 77, and
MESNE. 37 & 38 Vict. c. 39, and these Acts apply
to every mine to which the Coal ines
MESNE LORD : See title MESNE.
MESNE PROCESS : See title MESNE.
Regulation Act does not apply. The
earlier and principal Act contains a great
MESNE PROFITS : See title MESNE . many miuute and exacting provisions,
MESNE, WRIT OF. A writ in the relating to ( among other things) the em
nature of a writ of right, which lay when, ployment of women , young persons, and
children above and below ground, in
upon subinfeudation , the mesne or middle spectors and inspections, arbitration in
lord suffered bis under-tenant, or tenant disputes, and proper ventilation and
paravail, to be distrained upon by the lord management generally. Penalties are im
paramount for the rent due to him by the
mesne lord (2 Inst. 374 ). posed upon persons offending against the
MESSAGES FROM THE CROWN . The Acts not exceeding £ 20 on the owner or
agent, and not exceeding £2 on other per
mode of communicating between the Sove sons, and ( after notice ) £ 1 for every day
reign and the Houses of Parliament. Such that the offence continues ; also, imprison
messages are brought either by a member
ment for a period not exceeding three
of the House, being a minister of the Crown, months for wilful offences causing danger
or by one of the royal household. In the to life or limb.
Lords, when there is such a message, the See title Coal Mines REGULATION ACT.
bearer of it having intimated that he has a
message under the royal sign manual, the METROPOLIS. Various statutes have
Lord Chancellor proceeds first to rtad it, been passed , mostly in the present reign ,
and then the clerk at the table reads it for the due management of the metroplis,
over again . In the Commons, the member for a summary of the effoct of wbich see
appears at the bar and informs the Speaker the following respective titles.
that he has a letter from Her Majesty . METROPOLITAN . The Archbishop of
He then takes it to the table and presents Canterbury is styled “ Primate of all
it, upon which the Speaker reads it, the England andofthe Metropolitan ,” because
members the meanwhile remaining un- the province Canterbury contains within
covered (May's Parl. Pr.). it the metropolis or chief city. The Arch
MESSENGERS. The messenger of the bishop of York is metropolitan of the pro 1
Court of Chancery is an officer whose duty vince of York. The metropolitans presided
METROPOLITAN - continued . METROPOLITAN BURIALS - continued .

over the churches of the principu citing of cemeteries; and the subsequent Act,
their respective provinces. It was their 15 & 16 Vict. c. 85, with certain amending
duty to ordain the bishops of the province , Acts, expresses the law regarding the iu
to con roke provincial councils, and to exer- terment of the dead within the limits of
cise a general superintendence over the the metropolis, there being also a special
doctrine and discipline of the bishops anıl Act ( 20 & 21 Vict. c. 35) for the City of
clergy within the province. The province London . The stat. 20 & 21 Vict. c . 81 ,
of York anciently claimed and had a provides for the constitution of burial
metropolitan jurisdiction over all the boards in parishes. A special Cemetery
bishops of Scotland until about the year Act usually provides that certain fees shall
1466, shortly after which time Pope Sixtus be paid by the cemetery company to the
the Fourth created the Bishop of St. An- incumbent of the parishi or other ecclesias
drew's Archbishop and Metropolitan of all tical district from which any body shall be
Scotland (1 Burn's Ecc. Law, by Philli- removed for interment in the cemetery
more, 191, 197 , tit. “ Bishops ' ' ; Rog. Ecc . ( Vaughan v. South Metropolitan Cemetery
Law , 105, 113) . Company, 1 J. & H. 256 ), an incumbent as
METROPOLITAN BOARD OF WORKS : a rule enjoying the like right under the
See title BOARD OF WORKS.
ordinary Burial Acts.
METROPOLITAN FIRE BRIGADE .
METROPOLITAN BUILDINGS. The Was established in virtue the Act
stut. 18 & 19 Vict. c. 122 (the Metro- 28 & 29 Vict. c. 90, and is now regulated
politan Building Act, 1855), amended by by that Act and the Acts 32 & 33 Vict.
the Acts 23 & 24 Vict. c. 52, and 32 & 33 c . 102 ; 38 & 39 Vict. c. 65 ; 39 & 10 Vict.
Vict . c. 82 , and 41 & 42 Vicr. c . 32 , taken c. 55 ; and 40 & 41 Vict. c. 52. It is sub
in conjunction with 7 & 8 Vict. c. 81 , ject to the control of the Metropolitan
ss. 51-63, regulates the situation , construc- Board of Works.
tion and use of buildings in the metropolis METROPOLITAN GAS . The stat. 3 & 4
aud its neiglibourhood , and the repair or
removal of buildings that are dangerous; Will. 4, c. 90, contains general provisions
and the remedying of structural defects in for lighting the parishes in England and
theatres, & c. No contract for building in Wales with gas ; but its provisions are ex
contravention of these Acts can be enforced cluded in districts where the Public Health
(Stevens v. Gourley, 7 C. B. ( N.S. ) 99 ). It Acts are adopted. The Gasworks Clauses
is in general necessary, before commencing Act, 1847 (10 & 11 Vict. c. 15), consoli
buildings, to give notice thereof to the dates the provisions usually contained in
district surveyor, but in the case of buildings Acts authorizing the construction of gas
intended for Her Majesty's use or service, works. The metropolis is supplied with
such notice is unnecessary ( Reg. v. Jay , gas by various companies, under the provi
8 El. & Bl . 469 ) ; and the rules of con- sions of the Metropolis Gas Act, 1860
struction contained in Schedule 1 of the ( 23 & 24 Vict. c. 125), amended by the
Act of 18 & 19 Vict. c . 122, have no 24 & 25 Vict. c. 79.
reference to public buildings, all which METROPOLITAN MAGISTRATES. The
latter class of buildings are to be con- jurisdiction and duties of magistrates of
structed in such manner as may be ap- the police courts established within the
proved by the district surveyor, from whom metropolitan police district are regulated
there is an appeal to the Metropolitan by the stats. 2 & 3 Vict. c. 71, 3 & 4
Board of Works (Reg. v. Carruthers, 10 Jur. Vict. c. 84 , and 11 & 12 Vict. cc. 42, 43.
(N.S. ) 767 ). The Building Acts generally These magistrates are appointed by the
provide that no structure sball, without the Queen in virtue of the stat. 21 & 22 Vict.
consent in writing of the Metropolitan c. 73, s. 14, when stipendiary ; but in addi
Board of Works, be erected beyond the tion to the stipendiary magistrates, there
general line of building, thus securing a are also others entitled to act as magistrates
certain regularity of frontage to the street within the metropolitan police district by
( Tear v. Freebody, 4 C. B. (N.S.) 228). virtue merely of being nominated on tho
Before commencing alterations in adjiin- commission of the peace for the county .
ing tenements it is necessary to give three The 1st section of the stat. 21 & 22 Vict.
months' notice to the owner of the tene
ments adjoining them ( Cowen v. Phillips, c. 73, extending
diry jurisdiction
magistrate,thewhen sitting of a stipen
alune,does
33 Beav. 18 ). not extend to the metropolitan police
METROPOLITAN BURIALS. The stat. magistrates.
10 & Jl Vict. c. 65 ( Cemeteries Clauses METROPOLITAN MANAGEMENT ACT,
Act, 1817) consolidates the provisions 1855. This Act ( 18 & 19 Vict. c. 120), as
Usually inserted in Acts for constructing amended by the Metropolis Management
METROPOLITAN MANAGEMENT ACT, METROPOLITAN SEWERS — continued .
1855 - continued .
except such sewers as were vesteil in any
and Building Acts Amendment Act, 1878 vestry or district board outside the limits
(41 & 42 Vict. c . 32 ), provides for the local defined in the schedules of the Act , were
management of the metropolis in respect of vested in the Metropolitan Board of Works.
sewerage and drainage, paving, cleansing, The city of London is not affected by the se
lighting, and such like things. It provides Acts, but is regulated by its own Act,
for the election of vestry boards for each viz., 11 & 12 Vict. c. 163 (City of London
parish or ward within the metropolis ; and Sewers Act).
for the formation of parishes into districts METROPOLITAN WATER. The Water
and for the constitution of district boards ;
and the vestry board and the district board works Clauses Act, 1817 ( 10 Vict. c. 17 )
consolidates the provisions usually inserted
are respectively incorporated (s. 42, Act in Acts for constructing waterworks; and
1855 ). The Act of 1855 also constitutes
and incorporates the Metropolitan Board of the provisions regulating the supply of
water to the metropolis are principally
Works (s . 43), the members of which are comprised in the stat. 34 & 35 Vict. c. 113.
elected by the vestry boards and district Wells, tanks, and cisterns may be closed
boards respectively. And to these various for pollution (37 & 38 Vict. c. 89 ) ; and
boards the general management of the
metropolis in the respects afores:uid is com there are compulsory provisions whereby
every house within the metropolis is to
mitted , the metropolitan board having the have its own water supply ( 15 & 16 Vict.
principal or arterial management. c. 81 ; 25 & 26 Vict. c, 102).
METROPOLITAN POLICE. The stats. MEUBLES. These are in French Law
10 Geo . 4 , c. 44, 2 & 3 Vict. c. 47, and the moveables of English Law. Things
3 & 4 Vict. c. 84 , regulate the police in and are meubles from either of two causes,
near the metropolis; and by the stat. 19 & ( 1.) From their own nature, e.g., tables,
20 Vict. c. 2, one commissioner of police chairs ; or (2.) From the determination of
for the metropolis is to be henceforth ap
pointed ; but the Queen may appoint two the law, e.g., obligations.
assistant commissioners. Under the stat. MEUBLES MEUBLANS. These are in
24 & 25 Vict. c. 51 , s. 3, a penalty not ex- French Law the utensils and articles of
ceeding £5 may be imposed upon any ornament usual in a dwelling -house.
person who assaults a constable of the
metropolitan police force in the execution MIDDLESEX , BILL OF : See title Bill
OF MIDDLESEX.
of his duty. The city of London police
are not subject to the provisions of the MILEAGE. A payment or charge of
Metropolitan Police Acts,butto the statute so much per mile is so termed . It is fre
2 & 3 Vict. c. xciv. quently used with reference to the charge
METROPOLITAN POLICE DISTRICT. made by sheriffs, when , for the purpose of
executing writs, they have to travel any
Is a district extending about fifteen miles given number of miles. 1
all round from Charing Cross, and em

bracing for some purposes the entire MILITARY COURTS : See titles COURTS
1
counties of Middlesex, Surrey, Hertford, OF JUSTICE ; MARTIAL LAW .
Essex, and Kent; but the city of London MILITARY LAW : See title MARTIAL
is not included within the district. The Law.
city of London is, however, comprised MILITARY SERVICE : See titles Es
within the Metropolitan Management Act, CUAGE ; FEUDAL SYSTEM .
1855, and Metropolitan Building Act, 1855,
and certain other Acts, but for the purposes MILITIA : See titles ARMY ; FYRD .
only of these Acts. MINERALS : See title MINES AND
MINERALS.
METROPOLITAN SEWERS. The stat.
11 & 12 Vict. c. 112, consolidated the metro- MINES AND MINERALS. Primâ facie
politan commissions of sewers, which were the owner of the surface is entitled to the
continued for short intervals by subse- surface itself, and all below it, ex jure
quent Acts, until the year 1856, when naturæ ; and those who claim the property
by the stat. 18 & 19 Vict. c. 120, all duties, in the minerals below must do so by some
powers, and authorities vested in the Me grant or conveyance by him ; and in such
tropolitan Commissioners of Sewers ceased latter case the rights of the grantee must
to be so vested , and the Metropolitan ! depend on the termsofthe grant; although ,
Board of Works was substituted in the primâ facie, it will be presumed , if the
place of these commissioners, and all pro- minerals are to be enjoyed, that a power
perty, matters, and things vested in the to get them was also granted as a necessary
Metropolitan Commissioners of Sewers, incident (Rowbotham v. Wilson, 8 H. L. O.
MINES AND MINERALS - continued . MINISTERIAL POWERS — continued .

348). Where the claim to mines or mine . but for the good of several persons, includ
rals is rested upon the Statute of Limi ing or not including the donee also . They
tations, it is not enough to shew the are so called because the donee of them is
absence for twenty years of enjoyment of as a minister or servant in his exercise of
the mines or minerals on the part of the them. They are of various kinds.
plaintiff, but it is necessary further to ( 1. ) The ministerial powers of a tenant
shew the presence of enjoyment on the for life are the following. viz. :
part of the defendant ( lowe v. Grenfel, (A. ) A power of leasing. This power
Russ. & My. 396). depends upou and is regulated by the stat.
As to what are mines, it has been said 40 & 41 Vict. c. 18 (Settled Estates Act,
( Cleveland v. Meyrick , 37 L. J. ( Ch .) 124) 1877), which repealed the Act 19 & 20
that the definition depends on the mode of Vict. c. 120 ( Leases and Sales of Settled
working and not upon the material ob Estates Act, 1856 ), and the Acts amending
tained from the mine ; and so in that case same . Under the Act it is lawful for a
slates obtained by mining as opposed to tenant for life who is so under a settlement
quarrying were held to be mines. There dated after the 1st of November, 1856,
fore, generally mines are materials ob which does not expressly exclude the Act,
tained by mining, and minerals are the to demise for any term not exceeding, in
like materials obtained either by mining or England, twenty-one years, and in Ireland
by quarrying, such materials being so very thirty -tive years, any part of the settled
numerous and various as to admit of de estates (except the principal mansion - house
scription or enumeration only, and not of or the demesnes thereof ), provided he ob
definition . serves the following requisites, namely : .
Where the surface of land belongs to (a. ) Lease only in possession ;

one owner, and the mines and minerals ( 6. ) Make the demise by decd ;
belong to another owner, — Then (c.) Reserve the best obtainable rent ;
( a .) If nothing appears shewing their re (d.) Take no preinium or fi re - gift;
spective titles, or the measure of the respec (e.) Make the lessee impeachable for
tive grants of the respective hereditaments waste ;
to the two respective owners, the mine owner ( f.) Insert a covenant for payment of
cannot so mine either the vertical or the rent, and other usual and proper
adjoining strata as to destroy the surface covenants ;
above or adjoining, or so as to occasion ( g .) In a condition of re -entry for
a subsidence thereof, while that surface non - payment of rent for twenty
remains in its natural state ( Humphries v. eight days, or for non-observance
Brogden , 15 Q. B. 739 ); and after build of the other covenants ; and
ings have stood on the surface for twenty (h . ) Obtain the lessee to execute a coun
years, the right of natural support to the terpart of the lease.
land and buildings thereon from the ver The tenant for life may exercise the power
tical strata and also from the adjacent of lensing to the extent aforesaid without
strata isacquired ( Browne v. Robins, 4 H. any application to the Court of Chancery.
& N. 186) ; aud And in case the settlement is of a date
(6. ) If the mode of the acquisition of prior to the 1st of November, 1856, or in
the respective titles, or even the respec case a longer term of demise than twenty
tive deeds of grant of the respective one years or thirty -five years (as the cise
several tenements, are existing, then the may be ) is desired to be granted, then
words of the deeds are to be regarded ; upon application to the Court of Chancery
and in consequence of such words the for its sauction thereto, the tenant for lite
right of natural support, as well froin the may (under certain conditions specified in
vertical as from the adjacent strata , may the Act) grant the following varieties of
be found to have been either abandoned or lease, namely :
diminished ; but the Court fights against ( a .) An agricultural or an occupation
that conclusion ( Harris v. Ryding, 5 M. lease for twenty -one years or
& W. 60 ; Williams v. Bagnall , 15 W. R. under in England and thirty -five
273 ; and Smith v. Darby, L. R. 7 Q. B. years or under in Ireland ;
720 ; Buchanan v. Andrews, L. R. 2 Sco. (6.) A mining lease for forty years or
App. 236 ; Aspden v. Seddon, L. R. 10 under ;
Ch . App. 394 ; and see Bainbridge on ( c.) A water lease or other casement
Mines, 4th ed ., by Brown, pp. 269–293). lease for forty years or under ;
(d.) A repairing lease for sixty years or
MINISTERIAL POWERS. These powers, under ; and
as the name indicates, are given for the (e.) A building lease for ninety -nine
good, not of the donee himself exclusively, years or under.
or of the donee himself necessarily at all, And where it is possible to satisfy the Court
MINISTERIAL POWERS — continued . MINISTERIAL POWERS — continued .
that it is customary in the district and Vict. c. 60), and the Settled Estates Act,
beneficial to the inheritance to grant longer 1877 (40 & 41 Vict. c. 18).
leases than for the periods above men (2.) The ministerial powers of a tenant
tioned, the Court will sanction the tenant for life in right of his wife, and of a tenant
for life granting leases for longer periods by the curtesy or in dower, depend as to
than those above mentioned in all the leasing on the Settled Estates Act, 1877,
above mentioned varieties of lease, except and are generally subject to the same
ing only the agricultural lease. or the like provisions as are above stated
(B.) A power of borrowing money for the regarding a tenant for life in his own right ;
improvement of the estate, charging the and
repayment of the loan upon the inheritance. (3.) The ministerial powers of a tenant
This power was necessitated by the some in tail depend partly on the stat. 3 & 4
what rigorous rule of Courts of Equity Will. 4, c . 74 (as to leasing), and partly on
1
which denied any remuneration to tenants the Settled Estates Act, 1877 ; but owing
for life for the expenses they miglit have to the facility with which he may at the
incurred, even for permanent improvements, present day bar the entail and become
unless the improvements were absolutely absolute owner, the question of his minis
indispensable for the maintenance of the terial powers is comparatively insignificant.
estate at its accustomed value (Dent v. See title CONVEYANCES.
Dent, 30 Beav. 363 ) ; and now no prudent
tenant for life should expend his own MINISTERS . Various attempts were
money on the estate, it being free to him made in early times, notably in the reign of
to expend borrowed money for the purpose. Edw . III. (1342 ) to render ministers re
His power of borrowing depends upon sponsible to Parliament ; but these attempts
various Acts, that is to say were practically unsuccessful. The im
( a .) If, on the one hand, the money in peachment of obnoxious ministers was the
tended to be borrowed is to be alternative remedy resorted to, and was
expended in agricultural improve attended with a greater measure of success
ments, then he may have it from (see title IMI EACHMENT); and in the pre
Government under the Improve sent day the practice of impeachment has
ment of Land Act, 1864 (27 & 28 practically ceased altogether, the responsi
Vict. c. 114), upon the terms of bility of ministers to Parliament being now
that Act ; fully established, and also effectively exer
(6. ) If, on the other hand, the money in cised . The country is now governed by
tended to be borrowed is to be the Ministry (see title CABINET MINISTRY),
expended in the improvement of who are maintained in office by that party
a residence, then he may have it in the Commons who for the time being
from Government in like manner approve of their policy ; and although
although to a more limited extent, in theory, the ministers are nominated by
under the Limited Owners' Resi. the Crown, yet in fact they are a committco
dences Act, 1870 (33 & 34 Vict. of the leading members of both Houses of
c. 56), and the Act amending Parliament. Amoug the ministers (mem
same ( 34 & 35 Vict. c. 84) upon bers of the Cabinet) are distributed the
the terms of those two Acts ; and various great branches of the administra
(c. ) Thirdly, if the money intended to be tion of the country ; and each minister
borrowed is to be expended in the conducts the ordinary business of his own
construction of waterworks or office without reference to his colleagues.
reservoirs for water on the settled But all such business of any branch of the
estates, he may have it from administration as is likely to be the sub
Government under the Limited ject of serious discussion in Parliament is
Owners' Reservoirs Act, 1877 brought under the consideration of the
(40 & 41 Vict. c. 31 ), upon the whole Ministry assembled in Cabinet
terms of that Act ; and Council. Where a ministry loses its ma
( C.) A power of selling the settled estates jority in the House of Commons, upon a
and conveying the same to the purchaser matter that is of sufficiently grave import
for an estate in fee simple. This power ance, it is the duty of the ministers to
depends on various Acts, principally upon tender their resignations to the Crown, and
the Act 11 Geo. 4 & 1 Will. 4, c . 47, it is the duty of the Crown to nominate
which authorizes a sale or mortgage of the another ministry, unless the Crown should
lands, when that is requisite for the pay in the lawful exercise of its prerogative ,
ment of the debts of the testator, being the not to be slightly resorted to ,-- determine
settlor ; the provisions, however, of which to continue the defeated ministry in office
Act have been largely superseded by the for a time, or until a dissolution of Parlia
provisions of the Trustee Act, 1850 ( 13 & 14 ment can be conveniently resorted to . The
MINISTERS — continued . MISERICORDIA - continued.
Cabinet has the right of censuring and (if amerced in a Court not of record - as in a
policy should so dictate) of dismissing any Court Baron , for instance — there was a
of its members for acting contrary to the writ called Moderatâ Misericordiâ , to be
Cabinet : eee the case of Lord Palmerston, directed to the lord or his bailiff, command
1851 , who was removed from the office of ing them that they take moderate amer
Foreign Secretary in Lord John Russell's ciaments in just proportion to the offence
Administration ; when the Cabinet acts in of the party to be amerced. When a fine
this manner, it is the Crown acting through was amerced on a whole county instea
a
d of
it ; and the Cabinet, if it is unwilling to be an individual, it was then termed Miseri
made the instrument of the Crown for such cordia Communis. (F. N. B. 75 ; Les
a purpose, should tender its resignation, Termes de la Ley ).
or excuse itself to the Crown for its See titles AMERCEMENT ; MERCY.
refusal.
MINOR . A person who has not at MISFEASANCE. Doing evil, trespass
tained his majority is usually so termed, in ing, &c.;
called and he
a misfe asorwho does ).so is
( Cowel Thesomet
termimes
is
the Irish Reports principally; that is, an used in contradistinction to a non-feasunce ,
infant under the age of twenty -one years . which means simply an abstention from
See title INFANCY.
doing altogether. An interesting appli
MINT. Under the statute 33 & 34 Vict. cation of this distinct ion is to be found in
c. 10 (entitled the Coinage Act, 1870), all the Six Carpenters' Case (1 Sm . L. C. 132 ),
coins made at Her Majesty's Royal Mint in where the mere refusal to pay for the
England areto be of the weight and fine- wine (scil, beer) which the men had drunk
ness specified in the 1st schedule to the Act in a public- house, was declared not suffi
(s. 3) ; and gold is made a legal tender for cient to make them trespassers ab initio in
any amount ; silver for an amount not ex- coming upon the premises at all, as break
cetding forty shillings ; and bronze for an ing the pots or doing other wilful damages
amount not exceeding one shilling (s. 4). aud misfeasances, it was stated , would have
Bullion is to be coined without charge madethem .
(s. 8). The Chancellor of the Exchequer
for the time being is constituted master or MISJOINDER . The joining of two or
warden of the Mint ( in England ) and more persons together as the plaintiffs or
governor of the Mint (in Scotland ); and defendan acti
ts in an on who ought not to
there are deputy masters and other officers be joined. Nonjoinder is the omitting to
(s. 14). join one or more persons who ought to
See title Pyx. have been joined as the plaintiffs or de
fend in an acti The misjoind of
MISDEMEANOR . A misdemeanor is plainants
tiffs is no longeron.fatal to the actioer
n on
an act committed, or omitted, in violation its merits, and need not even be amended
of a public law either forbidding or com- (Order xvi ., 1), but the plaintiff who is
manding it. This general definition, how- successful may have to pay the defendant
ever, comprehends both crimes and misde- or defendants the extra costs (if any ) occa
meanors, which , properly speaking, are sioned to the latter by the misjoinder. The
mere synonymous terms, though in common like remarks hold good regarding the mis
usage the word “ crimes ” ismade to denote joinder of defendants, but the wrong de
such offences as are of a deeper and more fendant may be ordered to be struck out,
atrocious dye, while smaller faults and and (if necessary) a new and proper defen
omissions of less consequence are comprised dant substituted and even without the
,
under the milder term of misdemeanors consent of the latter to be made a party to
only. In the English Law the word “ mis- the action .
deineanor” is generally used in contra See titles AMENDMENT; NON - JOINDER.
distinction to felony, and misdemeanors
comprehend all indictable offences which MISNOMER . The mistake in a name
do not amount to felony - as libels, con or the using one name for another. It is a
spiracies, attemptsand solicitations to com general rule of law that a misnomer has
mit felonies, & c. (Harris, Criminal Law. ) no effect if the subject matter or person is
ascertaina notwistrat
thsta
MISERICORDIÂ. This word was com- certai n or mer,
the misno ble demon
“ Falsa ionding
non
monly used in our law to signify a discre- nocet, si de corpore constat ; ” “ Falsâ demon
tionary mulct or amerciament imposed stratione legatum non peremi;” and “ Longè
upou a person for an offence ; thus, when magis falsa causa non nocet " ( Just. Inst. ii.
the plaintiff or defendant in an action was 20,30 ). But no misnomer or falsa demon
amerced the entry was always ideo in mise- stratio is to be assumed, and the maxim is
ricordiâ ; the fine was in proportion to the excluded where the words used have a
offence ; and if a man was outrageously subject matter to which they are exactly
MISNOMER — continued . MISTAKE . Is either of law or of fact ;
applicable, in which latter case the con when of law, it is not in general any ground
trary maxim comes in, viz ., “ Non accipi for relief in equity, the maxim ignorantia
debent verba in demonstrationem falsam, juris neminem excusat being applicable to
quæ competunt in veram limitationem ." that class of mistake. But the maxim is
The two maxims are illustrated in the two excluded , where the mistake of law is so
very recent cases of Travers v. Blundell, egregious as to suggest imbecility, or when
6 Ch . Div. 436 ; Homer v. Homer, 8 Ch. it is accompanied with imposition. When
Div. 758. the mistake is a mistake of fact, and the
See titles Falsa DEMONSTRATIO NON fact is a material one to the contract, and
NOCET ; Falsa Causa NON NOCET. it was not through any negligence of the
mistaking party that it was overlooked or
MISPLEADING . Pleading incorrectly, misappreciated , then the mistake is almost
or omitting anything in a pleading, which invariably a ground of relief in equity.
is essential to the maintenance or defence See title RECTIFICATION IN EQUITY.
of an action ; as in the case of a plaintiff
not merely stating his title in a defective MITTER LE DROIT. This phrase is
manner, but setting forth a title wbich is used in contradistinction to that of mitter
essentially defective in itself. Also, in l'estate, and both are employed to point ont
Chancery suits, it was a mispleading in the mode in which releases of land operate,
certain cases if the defendant did not allege A release might be a conveyance of a right
the absence of notice ; and that is substan- to a person in possession. Thus, where a
tially still the case . person was disseised or putout of possession
See title PLEADING . of lands, although the disseisor thereby
acquired the possession, still the right of
MISPRISION. In its most general sense possession and property remained in the
comprises all such high offences us are disseisee ; but if the disseisee agreed to
under the degree of capital, but closely transfer his right to the disseisor, the proper
bordering thereon ; and it is said that a mode of carrying such an agreement into
misprision in that sense is contained in execution was by a release, the disseisor
every treason and felony whatsoever. Mis already having the possession ; and as in
prisions are generally divided into two such cases nothing but the bare right
sorts, negative and positive, the former con- passed, the release was said to enure by
sisting in the concealment of something way of mitter le droit, i.e., transferring the
which ought to be revealed , the latter in right. A release is also said to enure by way
the commission of something which ought of mitter l'estate, i.e., of passing the estate,
not to be done. Of the first or negative e.g., when two or more persons become
kind , is misprision of treason, which consists seised of the same estate by a joint title,
in the bare knowledge and concealment of either by contract or descent, as joint
treason , without any degree of assent there- tenants or co - parceners, and one of them
to. Of this negative kind is also misprision releases his right to the other, such release
of felony, which is the concealment of a is said is enure by way of mitter l'estate,
felony which a man knows but never as- i.e.. transferring the estate (4 Cru. Dig.
sented to . Positive misprisions are gene- 84, 85 ).
rally denominated high misdemeanors ; And see title CONVEYANCES, sub -title
such , for example, are the mal-adminis RELEASE .
tration of high public officers; the em MITTER L'ESTATE : See title MITTER
bezzling of the public money ; contempts LE DROIT.
again st thenment
king' s prero e, his person,
gativ&c.
and gover , or his title, (1 Hawk. MITTIMUS, WRIT OF. A writ by which
records used to be transferred from ono
P. C.60 ).
Court to another, sometimes immediately,
MISPRISION OF FELONY ) See title as out of the King's Bench in to the Ex
MISPRISION OF TREASON , MISPRISION. chequer ; and sometimes mediately by a
certiorari into Chancery, and from thence
MISREPRESENTATION . When made by a mittimus into another Court. ( Les
heedlessly or with knowledge, regarding a Termes de la Ley).
material circumstance in the contract, to MIXED ACTIONS are such as partake
some third person with the intent that he of the twofold nature of real and personal
should act upon it as true, is a species of actions, having for their object the demand
actual fraud , for which , in case it produce and restitution of real property, and also
damage, an action will lie, either for re personal damages for a wrong sustained.
covery of the damages sustained, or in
certain cases to enforce the making good MIXED PRESUMPTIONS. Are pre
the misrepresentation. sumptions of mixed law and fact, that is,
See title FRAUD . presumptions of fact recognized by law ,
MIXED PRESUMPTIONS — continued . MODUS DECIMANDI — continued .

e.g., presumptions which juries are com tithes in consideration of some land or other
monly recommended to draw as inferences REAL recompense being given to the parson
from the facts that are proved. in lieu aud satisfaction thereof (2 Inst. 490 ;
See titles PRESUMPTIONS, QUALITY OF ; 14 M. & W. 393 ).
PRESUMPTIONS, VARIETIES OF. See title Tithes.
MOBILIA OSSIBUS INHERENT. Means MOIETY (from the French , moitié, half).
literally, that moveable property inheres in The half part of anything . Thus, joint
the bones of the owner, that is to say, tenants are sometimes said to hold by
follows his person or rather his domicile ; moieties (Cowel). The shares of two joint
and it is upon this maxim that the preva tenants are of necessity moieties; but the
lence of the lex domicilii as regards per shares of two tenants in common entitled
sonal property depends. equally would also be moieties. An in
See title DOMICILE . accurate but common use of the word
" moiety ” is that in which it signifies
MODERATÂ MISERICORDIA, WRIT merely part, share, or proportion , whether
OF : See title MISERICORDIA . equal or unequal.
MODO ET FORMÂ:: See title MANNER MOLESTATION . Under the Masters and
AND FORM. Workmen Molestation Act, 1871 (34 & 35
MODUS ACQUIRENDI : See title TITLE. Vict. c. 32), molestation consists in either
MODUS ET CONVENTIO VINCUNT
( 1 ) persistently following a fellow work
man about from place to place ; or (2)
LEGEM . Means literally that the terms of hiding any tools, clothes, or other property
the express agreement of the parties may owned or used by such workman, or de
override or modify any general rule or priving him of or hindering him in the use
principle of law. This maxim holds gene thereof ; or (3) watching or besetting the
rally good ; but has been excluded upon house or other place where such workman
Various general grounds of policy in some resides or works or carries on business, or
few cases, e.g. , the mortgagor cannot in the happens to be, or the approach to such
mortgage deed validly agree with the mort house or place, or, with two or more other
gagee to bargain away bis equity of re persons, following such workman in a dis
demption on failure to repaythe money orderly manner in or through any street or
lent. road . The act must in each case have for
MODUS DECIMANDI. A discharge its objects the coercing of the workman or
from the payment of tithes is said to be his employer to do or abstain from doing
either de modo decimandi or de non deci. some lawful act falling within the scope of
mando. ( 1. ) A modus decimandi, com the workman's employment.
monly called by the simple name of a modus MOLLITER MANUS IMPOSUIT. When
only , is where there is by custom a parti a person is sued for an assault, he may set
cular manner of tithing allowed, different forth the whole case, and plead that he
from the general manner of taking tithes laid hands on the plaintiff gently, molliter
in kind , e.g., by a pecuniary compensation, manus imposuit. From these words having
as twopence an acre for the title of land, been so used in pleas, several justifications
or by a compensation partly in kind and in actions of trespass for assault are called
partly in work and labour, as that the by this phrase (1 Sid. 301 ). The degree
parson shall have only the twelfth cock of of gentleness (or of roughness) necessarily
hay, and not the tenth, in consideration of varies with the degree of resistance, semble.
the owner's making it for him, and the MONASTERIES : See titles Monk ;
like ; in short, any means whereby the CHURCH AND STATE .
general law of tithing is altered, and a new
method of taking tithes is introduced , is MONEY . When earmarked can in ge
called a modus decimandi, or special manner neral be followed ; secus, when ( as it usually
of tithing. ( 2.) A discharge from the is ) not earmarked ( 11 Ch. Div . 772 ).
payment of tithes by a custom de non deci. Trust moneys mixed with the trustee's own
mando, arises either by personal privilege moneys, although not earmarked, are how
or by real composition or other like circum ever made good out of the aggregate mixed
stance. Thus, a vicar is discharged from moneys, in priority to any payment thereout
paying tithes to the rector, and the rector to the trustee himself,—thatbeing a species
to the vicar ; and a discharge by real com of penalty imposed upon the trustee for his
position is where there is an agreement breach of duty (Pennell v. Defjell, 4 De G.
between the owner of lands and the parson M. & G. 382 ; Lewin on Trusts, 5th ed .
or vicar (with the consent of the ordinary 627 ). Bills and notes are for some pur
and the patron ), that such lands shall for poses like money in respect of not being
the future be discharged from payment of earmarked , —the general point of resem
MONEY - continued . MONEY -BILLScontinued .
blance between them and money being having proposed some modifications in it,
their currency , whereby they cannot ( like the Commons remonstrated, and a confer
other chattels) be received from a bonâ fide ence ensued between the two Houses, and
purchaser for value. in this conference the Commons laid claim
to an exclusive privilege in the matter of
MONEY -BILLS. Originally, the Lords money bills. The conference ended in
and Commons in Parliament voted separate nothing definitive, but the exclusive right
supplies, the last of such votes of which which was then claimed has since been
there is any trace having been in 18 Edw.3. acquiesced in, although it has never been
For a brief period subsequently to that expressly acknowledged, by the Lords. A
date, the Lords and Commons appear to like exclusive privilege, which was claimed
have voted joint supplies ; but from the shortly after 1688, in the matter of bills
reign of Richard II . probably, and from imposing pecuniary penalties, was similarly
that of Henry IV. certainly, the practice acquiesced in, not acknowledged.
was for the Commons singly to vote the MONEY -CLAIMS : See title MONEY
supplies, and for the Lords merely to COUNTS .
assent thereto. See Rolls 9 Hen . 4 , where MONEY COUNTS. These were simply
mention is made of the Commons having
forms of pleading in actions ofassumpsit,
as
remonstrated to the King on account of the and were provided by the C. L. P. Act,
Lords interfering in the matter of the 1852, Sch. B. They were goods sold , work
grant of supplies , and the King is repre- done and materials provided, money lent ,
sented to have thereupon conceded that money paid, money received and such like
the Commons should for the future deter other counts, which were also sometimes
mine all such grants without interference called the common indebitatus counts . Si
from the Lordis. This practice appears to
have been all the more reasonable in those milar forms of pleading are given under the
head of “ money -claims in Appendix A
early reigns, because the supplies fell prin to the Judicature Act, 1875, part ii. sect. 2 ,
cipally upon the Commons, and in the e.g., " The plaintiff's claim is 501, for the
case of the tenths and fifteenths of goods price of goods sold ” or “ for arrears of
fell exclusively upon them , unless in the rent,” and so forth. These money -claims
exceptional instauce in which the Lords are in all cases either for sums certain or for
were expressly subjected to the tax. sums ascertainable by calculation, and as
Originally, money - bills were not in
.
being such are contradistinguished from

general entered in the statute book, being damages and other like uncertain sums
only so entered when (as was, however, the which are only to be ascertained through
frequent practice) some relief of grievances the intervention of a jury.
was so interwoven with them as to render See title MONEY DEMANDS.
their entry unavoidable. This was the MONEY DEMANDS. In law are such
case, for example, with the money -bill 14 demands as are certain beforehand , or
Edw . 3, tat. 1, c. 21. It is not till the
reign of Henry VII, that money -bills, being ascertainable by calculation , without the
purely such, appear in the statute buok, intervention of a jury ; and as being sucb ,
and even then they appear occasionally they are usually contradistinguished from
only ; however, by the reign of Henry damages.
VIII. they are entered regularly. MONITION . An order, or admonitory
In their first mode of entry in the statute epistle, issuing from an Ecclesiastical Court,
and addressed to some person or persons
book, money -bills are expressed to be
enacted by the authority of Parliament; offending against the law ecclesiastical,
but by the reign of Charles I. the Com- advising him or monishing him or them to
mons began the practice of omitting the act in obedience thereto . When a party
names of the Lords in the preamble and of has been duly served with a monition, he
retaining it only in the enacting part ; and is technically said to bave been “ mon
this is the present practice (see, e.g., 36 & ished. ” See Rog. Ecc. Law ; Burn's Ecc.
37 Vict. c. 3 ). Law , tit. “ Monition ;" Martin v. Mackon
About 1661 , the Commons began for the ochie, 3 Q. B. Div. 730.
first time to object to the Lords making MONK. The profession of a religious
any alterations in money-bills, the imme- person of this character made him dead in
diate occasion of their objection being law, or civilly dead ; but since the Reforma
certain alterations made by the Lords in a tion, the monkish profession is not recog
bill of that year, introduced by the Com- nised by law in England ; and amounting,
mons for providing for the paving of the therefore, to no religious profession at all ,
streets of Westminster. Again , in 1671, it no longer renders the monk civilly dead
the Commons having introduced a bill (In re Metcalfe, 33 L. J. (Ch . ) 308 ).
imposing a tax on sugar, and the Lords See titles Civil DEATH ; CLERGYMEN,
MONOPOLIES, CASE OF : See title MONSTRANS DE DROIT - continued .

Monopoly.
grounded on facts alrearly acknowledged
MONOPOLY is the sole right of selling and established , and praying the judgment
a particular article of manufacture. The of the Court whether, upon those facts, the
power to grant such a right was in early king or the subject has the right. ( Day's
times claimed as a prerogative of the Common Law Pro. 562 ).
Crown. Its exercise was in many cases See title PETITION OF Right.
most beneficial, as ingenious foreign work MONTH , in law, is a lunar month, or
men were from time to time drawn to
England by the expectation of substantial twenty -eight days, unless otherwise ex
commercial advantages being secured to pressed. Hence a lease for twelve months
them by royal letters patent ( being, in is for forty -eight weeks only ; but if it be
for “ a twelvemonth," it is good for the
fact, these grants of monopoly ); and enter whole year ; and in a contract, if the parties
prising Englishmen were also induced by
the like expectation to travel abroad and obviously intended that a month should be
acquire a practical knowledge of trades and a calendar month , the law will give it that
effect. If money be lent for nine months,
arts. But the Crown experiencing in those it must be understood calendar months
days the evils of no regular taxation — the
chief of which was a perpetually-recurring (Str. 446) ; similarly in the case of bills of
want of money to conduct the affairs of exchange and promissory notes. In legal
Government — the prerogative was exposed proceedings, as in time to plead , a month
to , and its exercise soon became affected used to be four weeks (3 Burr. 1455), but
it now denotes a cilendar month ( Order
with, many abuses, principally in this re
spect,—that the monopoly was sold at a LVIII ., 1 ). But where a statute speaks of
ruinous price, usually to the highest bidder, a year, it means always the whole twelve
whether or not be was the true and first months ( 2 Cro. 167), and month shall be
intended a calendar mouth ( 13 & 14 l ict.
inventor of the process of manufacture, and c . 21 ).
latterly without any regard at all to his See titles Day ; TIME ; YEAR .
capacity or ability as an inventor or manu
facturer, andafrequently indeed to courtiers, MORA. Means literally delay; and as
who made it a means of gain exclusively, and applied in Roman Law , is the basis upon
did not assist the national industry at all. which interest is allowed upon money due
The evils arising from this abuse of the pre- and payable, but which remains unpaid, or
rogative were become so great by the latter the payment of which is said to be in morâ.
end of there ign of Elizabeth, that the Courts Soe title INTEREST OF MONEY.
of Common Law , in the Case of Monopolies MORAL OBLIGATION. A moral con
( Darcy v. Allen , 11 Rep. 84 ), 44 Eliz., sicleration is not a sufficient consideration
adjudged monopolies to be illegal; and
parliament took up the matter as early as to support a simple contract or promise or
1601, and, in the next reign , succeeded in assumpsit (Wennall v. Adney, 3 B. & P.
regulating the abuse hy enacting the 319, n.), unless of course it was moved by
Patent Act (21 Jac. 1 , c. 3 ), which is the a preceding request ( see title CONTRACT).
basis of the Patent Law at the present day. The obligation of a father as such to
See title PATENTS. maintain his child is a moral obligation
oply, and not a legal obligation ( Mortimore
MONSTER . One who has not the shape v. Wright, 6 M. & W. 482) ; he cannot
of a human being, and, although born in therefore be charged for necessaries sup
lawful wedlock, cannot be heir to any land. plied to his child without his previous
But mere deformity of person does not make request, or upon a subsequent promise to
any one a monster.
pay for same ( Eastwood v. Kenyon, 11 A.
MONSTRANS DE DROIT ( shewing of & E. 438, overruling Lee v. Muggeridge,
right ). One of the Common Law methods 5 Taunt. 36 ). In Roman Law, such an
of obtaining possession or restitution from obligation would be good as a ground of
the Crown, of either real or personal pro- defence ( see Brown's Savigny, Naturalis
perty, is by monstrans de droit, literally, a Obligatio) ; and it is possible that even in
manifestation or shewing of right, which English Law, the Chancery Division might
may now be preferred or prosecuted like an be induced to regard it likewise, in at least
action either in the Chancery or in any of certain classes of suits (e.g. , specific per
the Cimmon Law Divisions, although formance or injunction suits ), as a valid
originally in the Chancery and Exchequer ground of defence. And certain it is that
Divisions only (see Petitions of Right Act, a father neglecting his duty (although
1860, 23 & 24 Vict. c. 31 ). A monstrans de moral only ) to provide for his children,
droit lies when the right of the party, as well whereby they become chargeable to the
as the right of the Crown), appears upon parish, may in English Law be rendered
record, and is putting in a claim of rigirt, legally liable to make such provision by an
2 A
MORAL OBLIGATION --continued . MORTGAGE - continued .
order of the police court or of a justice of viso for redemption does not oblige the
the peace . mortyagor to pay the money on a parti
See titles CONTRACTS ; NATURALIS OB- cular day , but allows him to do it at any
LIGATIO. indefinite time : and this is called a We'sh
MORE OR LESS . These words when
mortgage (2 Cruise, 81 : 2 B ). 152 ).
( 2.) Mortgages of leasehold lands are
added to statements of acreage ( in con- likewise of two sorts, being either ( 1 ) by
veyances ) and to the stated amounts ( in assignment, in which case the mortgagee
contracts) give a margin of variation which coming into legal privity with the lessor
may be either in excess or in diminution becom -s liable to the latter on tie rents
of the expressed acreage or amount. A and covenants ; or (2 ) by underlease, in
material variation is not covered by them which case the mortgagee by reason simply
(Reuter v. Sala , 4 C. P. Div. 239 ). of the absence of that privity with the
lessor does not become liable to the latter
MORT CIVILE, in French Law denoted on the rents and covenants. In either
civil death , as non conviction for felony.
It was nominally abolished by a law of the case, there is the usual provise for the re
assignment or surrender of the premises
31st of May, 1854, but something very upon repayment of the principal money
similar to it, in effect at least , still remains. lent and interest and costs.
Thus, the property of the condemned pos ( 3. ) Mortrages of copyhold lands, where
sessed by him at the date of his conviction they constitute the principal or entire secu
goes and belongs to his successors (héritiers ), rity, are usually made by surrender without
as in case of an intestary ; and his future admittance, subject to a proviso making
acquired property goes to the State by right
void the surrender upon repayment of the
of its prerogative ( par droit de déshérence ), principal, interest, and costs ; but where
but the State may, as a matter of grace, they are only a subordinate part of the
make it over in whole or in part to the security, the mortgagee is frequently satis
widow and children . fied with a covenantto surrender which he
See title FORFEITURE. takes from the mortgagor, subject to the
MORT D’ANCESTOR, ASSIZE OF. Was usual proviso that the covenant shall be
discharged and become void upon repay .
a writ which lay for a person whose ancestor
died seised of lands, &c . , that he had in ment of the mortgage debt and interest
and costs.
fee simple, and after liis death a stranger The mortgagee's remedy against his
abated ; and this writ directed the sheriff
to summon a jury or assize, who should mortgagor, is either ( 1. ) By Foreclosure,
view the land in question, and recognise, which he effectuates by means of a suit in
i.e., find, whether such ancestor was seised Equity : or ( 2. ) By Sale, which he carries
thereof on the day of his death, and out either by exercising his power of sale
whether the demandant was the next heir. ( if any ) contained in the mortgage deed, in
See titles ABATEMENT OF POSSESSION ; which case he must carefully conform to
OUSTER. the terms of the power, or by exercising
the statutory power of sale, which is to be
MORTGAGE. A mortgage may be de- taken ( in the absence of an express one) to
scribed to be a conveyance of lands by a be implied in every mortgage deed (23 & 24
debtor to his creditor, as a security for the Vict . c . 145 ), in which latter case also he
repayment of a sum of money borrowed . must carefully comply with the words of
The debtor who so makes a conveyance of the enabling statute. Also, in an action of
his lands is termed the mortgagor, and the foreclosure, the Court may direct a sale of
creditor to whom the lands are so conveyed the lands, in lieu of granting a foreclosure 1
as a security for the money lent, is termed decree ( 15 & 16 Vict c. 86, s. 48), but not
the mortgagee. of course upon a mere interlocutory appli
( 1.) Mortgages of freehold lands are of cation ( 11 Ch. Div. 204). The mortgagor's
two sorts : either the lands are conveyed to remedy against his mortgagee is, — By
the mortgagee and his heirs in fee simple, Redemption, which in the ordinary case he
with a proviso that if the mortgagor pays exercises by simply paying back the bor
the money borrowed on a certain day, the rowed money, and in all cases of peculiarity
mortgagee will reconvey the lands ; or or of unsettled accounts by means of a suit
else the lands are conveyed to the mort- in Equity. Where an estate is mortgaged
gagee, his executors, administrators, and for successive debts to successive mortga
assigns for a long term of years, with a gees, if any mesne mortgagee wishes to
proviso that if the money borrowed is realise his mortgage debt, he offers in his
repaid on a certain day, the term shall statement of claim to redeem the prior
cease and become void . There is also mortgagees, and prays to foreclose those
another kind of mortgage, where the pro- that are posterior to himself, according to
MORTGAGE — continued . MORTGAGORS AND MORTGAGEES

continued .
the rule of practice, — “ Redeem up, fure
close down." The mortgagor is not accountable ( like
See titles NOTICE ; TACKING. a bailiff or agent) to the mortgagee for the
MORTGAGE DEED . Is the indlenture,
rents and profits of the bereditaments
included in the mortgage ; on the other
whereby the repayment of the money lent hand , the mortgagee upon taking posses
on the security of lands and hereditaments, sion of such hereditaments becomes strictly
or personal estate is secured , together with accountable for such rents and profits, as
interest at the agreed rate, and whereby well those artually received as also those
also the property which forms the security which without his ( the mortgagee's) wilful
is legally assured or conveyed to the mort default might or would have been received .
gagee subject to redemption in the usual
way. When the mortgage money is paid MORTMAIN ACTS. These Acts had
off, there is another deed executed for the for their object the prevention of lands
purpose of reconveying the property to the
mortgagor ; and upon the preparation sub getting into the possession or control of
sequently of any abstract of title to the religious corporations, or, asAfter name in
the numerous
dicates, in mortuâ manu .
property , the mortgage deed, and also the prior Acts dating from the reign of Ed
deed of reconveyance, are required to be ward I., it was enacted by the stat. 9
abstracted . Geo. 2, c. 36 ( called the Mortmain Act par
MORTGAGE BY DEPOSIT. It is usual, excellence ), that no lands should be given
with the customers of banks especially, for to charities unless the following seven
persons to borrow money on the security requisites should be observed, viz :--
of real or personal estate without any deed ( 1. ) A deed should be used ;
or even memorandum of agreement, and by (2.) The deed should be attested by two
means of a simple deposit of the title deeds or more witnesses ;
relating to the property with the lender ; (3. ) The deed should be indented ;
such a mortgage extends to future advances. (4.) The deed should be delivered at
least twelve calendar months
MORTGAGE, EQUITABLE, BY CON before the death of the grantor ;
VEYANCE . Where the legal estate in (5.) The deed should be inrolled in the
lands has been conveyed to a first mort Court of Chancery within six
gagee, and the mortgagor makes a second months from its execution ;
mortgage by conveyance, he necessarily (6 ) The grant should take effect in pos
Cunveys only what he has, that is, an session immediately from the
equitable estate ; and this second mortgage execution of the deed ; and
is therefore called an equitable mortgage (7.) The grant should be irrevocable
by conveyance . and without any equivalent what
MORTGAGE, LEGAL : See titles Conso soever in favour of the grantor,
LIDATION OF MORTGAGES ; MORTGAGE ; Moreover , by the same Act, for a pur
NOTICE ; TACKING. chase deed of lands conveyed to a charity,
all the before mentioned seven requisites,
MORTGAGE OF PERSONAL PRO other than and except only the fourth one
PERTY . In a mortgage ( as distinguished of them, were equally rendered necessary
from a pledge) of personal property, the to the validity of the deed.
possession usually remains with the mort And in addition the charity , if it is (as
gagor, and it is only upon the happening it usually is ) a corporation aggregate, must
of some specified default that the mortgagee have a license from the Crown or other
takes possession. Every mortgage of per equivalent authority to hold the lands
sonal property involves in it a right in the given or purchased in mortmain .
mortgagee to sell the property upon giving There were certain old exceptions to the
to the mortgagor notice of the intention so Mortmain Act, viz., the Universities of
to do, and there is no necessity (as there is Oxford and Cambridge, and the three
in the case of a mortgage of real or lease schools of Eton , Winchester, and West
hold property ) to have an express power minster.
(given by the mortgage deed or by statute) But the original seven requisites have,
or a previous decree of foreclosure or judi in more recent years, been some of them
cial decree for sale. removed altogether, and others of them
relaxed . Thus :
MORTGAGE OF REAL PROPERTY : See
title MORTGAGE. ( 1.) A deed, although that is in general
still required , yet it is optional with the
MORTGAGORS AND MORTGAGEES. donor in mortmain , either to use a deed or
The mortgagor has ( usually ) the equitable a will in the following cases:
estate, and the mortgagee the legal estate. (a .) In the case of a gift of land for a
2 A 2
MORTMAIN ACTS continued . MORTMAIN ACTS - continued .
public park , not exceeding tw nty case in favour of any of the fol
acres for any one such park ; lowing objects :
(6. ) In the case of a gift of land for an Institutions for the promotion of
elementary school, not exceeding science, or of literature, or of
one acre for any one such school ; the fine arts :
(c. ) In the case of a gift of land for a Institutions for the instruction of
public museum, not exceeding adults, or the diffusion of useful
two acres for any one such knowledge ;
museum . Foundation and maintenance of li
See 34 Vict. c. 13, The Public Parks, braries and reading-rooms;
Schools, and Museums Act, 1871 . Public museums ;
(2.) The attestation of the deed by two Picture- galleries ;
or more witnesses, although that is in Natural history collections;
general still required, yet the attestation Mechanical and philosophical in
of one witness suffices in the following ventions, instruments and de
cases : signs.
( a .) In the case of a gift of land as a See the Literary and Scientific Inst tu
site for a poor school, or for a tons Act, 1854 , supra ; an
church , chapel, or meeting house, (c. ) In the case of a gift of land for the
or for the residence of the minis recreation of adults, or for the
ter, muster, or mistress thereof playground of children ,
(4 & 5 Vict. c. 38, s. 10, and 36 & See the Recreation Grounds Act, 1859
37 Vict. c. 49), the gift in any (22 Vict. c. 27).
one case not exceeding one acre On the other hand, where under the
of land ; and Public Parks, Schools, and Museums Act,
(b. ) ( Judying at least from the statutory 1871 (34 Vict. c. 13), the gift of land is
forin of the conveyance, se s. 13 made either by deed or by will, the neces
of the Act.) In the case of the sity for execution of the deed twelve
gift of land not exceeding one acre calendar months before the de : th of the
in any one case in favour of any grantor is retained , and the like necessity
of the following objects: is enacted in the case of such gilt being
Institutions for the promotion of made by will (s. 5).
science, or of literature, or of (5.) The requisite of inrolment in the
the fine arts ; Court of Chancery within six months from
Institutions for the instruction of the execution of the deed is in general
adults, or the diffusion of use preserved, but it has been removed in the
ful knowledge ; following case, viz. :
Foundation and maintenance of In the case of a gift of lands for the
libraries and reading. rooms ; recreation of adults, or for the
Public museums ; playgrounds of children.
Picture -galleries ; See the Recreation Grounds Act, 1859,
Natural history collections ; supra .
Mechanical and philosophical inven On the other hand, where under the
tions, instruments, and designs. Public Parks, Schools, and Museums Act,
See the Literary and Scientific Institu 1871 ( supra ), the gift of lands is made
tions Act, 1854 ( 17 & 18 Vict. c. 112). either by dead or will, the inrolment
( 3. ) The necessity to indent the deed of thereof must be made within six calendar
gift was altogether abolished by the Act months after the time the same comes into
24 Vict. c. 9. operation , such inrolment being, lowever,
(4.) The neressity that the deed should made in the buoks of the Charity Commis .
be delivered twelve calendar months before sioners ( See title CHARITY COMMISSIONERS).
the death of the donor remains as a gene ( 6. ) The requisite, that the grant should
ral rule, but has been abolished in the take effect in possession immediately from
following cases : the execution of the deed , has been slightly
( a .) In the case of a gift of land as a relaxed by the stat. 26 & 27 Vict. c. 106,
site for a poor school, church , which has enacted that if such gift take
chapel , or meeting-house, or for effect within one year from the late of the
the residence of the minister, instiument it shall be deemed to take
mister, or mistress the roof ( 7 & 8 effect in possession immediately; and
Vict . c. 37, s. 3, and 36 & 37 Vict. (7. ) The irrevocability of the gilt re.
c. 49), the giſt in any one case mains as a general rule, but under the
not exceerling one acre of land ; recent statutes mentioned above, it is a
(1.) In the case of the gift of land not general rule that where any of the lands
exceeding one acre in any one given for the popular uses specified above,
1
MORTMAIN ACTS continued . MOTION - continued .

cease to be employed for such uses, they a petition to be presented in the action
shall revert to the donor,or his representi- ( see title Mutions, VARIETIES OF). The
tives, at the time they ca e so to be used ; word motion also signifies instance, desire,
also, the requisite excluding reservations will, &c. Thus a person is said to do a
in favour of the donor remains as a gene- thing of his own motion, i.e., voluntarily,
ral rule, but has been exploded in the without being required to do it.
following cases : See title MERE MOTION ,
(a . ) In all cases of the reservation of a
MOTION OF COURSE
peppercorn or nominal reut ouly
(24 Vict. o. 9) ; MOTION ON NOTICE See title Mo
( 5.) In all cases of the reservation of any TIONS, VARIE
mines or minerals or any ease MOTION OPPOSED TIES OF .
ment ( 24 Vict. c. 9) ; MOTION EX PARTE
(c. ) In all cases of any covenants or con MOTION FOR JUDGMENT. Is a modle
ditions as to erections or repairs,
& c . (24 Vict. c. 9) ; of obtaining the opinion or the decree of
( d .) In all cases of the apparent gift the Court, where there is no dispute upon
being in fact a purchase, and the the facts, and therefore no necessity for
consideration money therefore is any trial (properly speaking ) of the action ,
reserved, pirtly or wholly, in the e.g., for default of appearance to writ of
form of a rent-charge in lieu of a summons, or for default of pleading, or
gross sum (24 Vict. c. 9, and 27 (occasionally) upon the report of a referee;
Vict. c. 13) ; and also, subsequently to verdict found, and in
(e. ) In all cases of the gift of land, either certain other cases.
for the recreation of adults, or for
MOTION, NOTICE OF. Is usually two
the playgrounds of children. clear days ; and short notice is one day, or
See the Recreation Grounds Act, 1859, such other period under two days as the
supra . Curt may specially allow in any particular
Under the stat. 33 & 34 Vict. c. 34, it is case .
rendered lawful for all corporations and
trustees holding moneys upon trust for any MOTIONS IN PARLIAMENT. Making
public or charitable purpose to invest such a motion in either House of Parliament is
moneys on lands without regard to the simply the act of submitting a proposition .
Mortmain Acts ; but in case of the equity In the House of Coinmons, a member de
of redemption becoming liable to be barred , sirous of making a motion is desired to
the Court is to direct a sale and not a fore- give previous notice thereof, and having
closure of the security. done so, it is entered in terms upon the
See title CHARITY COMMISSIONERS. notice paper or order book. In the Lords,
this notice is not reqnired by the rules of
MORTUARY . A mortuary was that beast the House, but, for the sake of general
or other moveable chattel which , upon the convenience, the same practice ordinarily
death of the owner thereof, by the custom prevails. In the House of Commous, there
of some places, became due to the parson, are certain fixed days appointed for motions
vicar, or rector of the parish in which the of which notice has been previously given ,
person so dying resided, in lieu or satisfac
tion of tithes or other ecclesiastical offerings as contrailistinguished from " orders of the
day," which latter are questions which the
which such party might have forgotten or House has already agreed to consider, or
have neglected to pay while alive (21 H. has partly considered and adjourned for
8, c. 6 ; Les Termes de la Ley ). In another further consideration or debate. On an
sense, more usual at the present day, a “ order ” day the orders have precedence
mortuary is a dead -house.
See title FACULTY . of motions, and on a “ motion ” day the
motions have precedence of orders ; but
MOTHER AND CHILD : See title FA- in either case if the one can be disposed
THER AND CHILD. of in time, the House will proceed to the
other.
MOTION. An application to the Court
by the plaintiff or defendant in an action, MOTIONS, VARIETIES OF. The prin .
or by the counsel for either, to obtain some cipal varieties of motions are the follow
rule or order of Court necessary in the ing :
course of the proceedings; and the act of (1.) Motion ex parte, -- that is, a motion
making such an application is termed made in Court by counsel on behalf of one
moving the Court. Many of these applica- or other of the parties to the action , in the
tions may be made by summons at cham- absence (and usually without the know
bers (see title CHAMBERS ); and, on the ledge ) of the other party or parties. It
other hand, some of them require even requires to be supported with au affidavit,
MOTIONS, VARIETIES OF - continued . MOVEABLES- continued .
and it is not usually to be resorted to modern divisions of things, as the subjects
excepting in cases of great urgency, and of property. It is not coincident, however,
also in cases for which that mode of pro with the historical divisions which have
ceeding is specially provided by stitute obtained most extensively in aucient or in
( See title New TRIAL, MOTION FOR). modern times, not agreeing with the Roman
(2. ) Motion upon Notice, - that is, a Law division into Res Mancipi and Kes
motion made in Court by counsel on behalf Nec Mancipi (agricultural and non -agricul
of one or other of the parties to the action , tural ) on the one hand, nor with the Eng.
in the presence of (and usually after two lish Law division into lands and chattels,
clear days' notice to ) the other party or or real and personal property, on the other.
parties . It requires to be supported with For example, a leasehold house is an
in affidavit or affidavits, the non -moring immoveable, and yet is personal property ; 1
party or parties usually putting in some and a dignity or title of lionour is a move
affidavit or affidavits in opposition to the able and yet is real property. Neverthe.
motion , in which latter case the motion less, just as the division into Res Mancipi
is said to be opposed ; and the opposition and Res Nec Mancipi gradually gave way
may vary in degree. This mode of pro before the industrial development of Roman
ceeling is the usual one adopted upon all greatness, so also the division into real and
applications for injunctions,receivers, and personal property may also eventually give
other like interlocutory applications ; and way in English Law ; but for the present,
in a proper case , the Court will give leave the distinction of property into moveables
to serve short notice (i.e., one clear day ) of and immoveable- is not feriile with conse
the intention to make the motion, and quences in English Law , but it has some
sometimes even along with service of the effects in international law
writ of summons commencing the action, See titles DOMICILE ; MOBILIA OSSIBUS
and before the defendant or defendants INHÆRENT.
have appeared to the writ. MULIER PUISNE : See title EIGNÈ .
(3. ) Motion of Course, that is, a motion
the object of which is granted as a matter MUNICIPAL CORPORATION : See title
of course, and which , therefore, is not CORPORATIONS, MUNICIPAL.
usually made in open Court, but is granted MUNICIPAL ELECTIONS : See title
by the master, chief clerk , or officer of the
Court when the paper containing the direc CORPORATIONS, MUNICIPAL.
tion to move is laid before him , with a MUNICIPAL LAW . Is the law proper
barrister's signature attached . Almost or peculiar to any state as opposed to Inter
everything that may be done on motion of national Law, wbich is the law common to
course can also be done, and is ordinarily a number of states.
done, in the Chancery Division, by petition See title Civil Law.
of course at the Rolls (2 Dan . Ch . Pr., MUNIMENTS. Deeds, evidences, and
Appendix ). writings in general, whether belonging to
( 4.) Motion Opposed ,--- See this title, sub public bodies or to private individuals, are
title MOTION UFON NOTICE,
called muniments ; and in cathedral and
(5.) Motion for Judgment,-See title collegiate churches, and generally in all
MOTION FOR JUDGMENT.
(6.) Motion by way of Appeal, - all offices, there is a strong room or compart
appeals in the Supreme Court that are ment provided for the keeping of the muni
ments, which is thence termed a muniment
made to the Court of Appeal are made by house or strong room ( Les Termes de la
way of motion , and that usually upon Ley ; 3 Inst. 170 ).
notice by the appellant to the respondent,
although occasionally ( e.g., in a matter of MURDER . The act of a person of
grave urgency) the motion may be made ex sound memory, and of discretion, unlaw
parte. The votice of appeal is fourteen fully killing any person under the king's
days lorg from any judgment (whether final peace , with malice aforethought, either
or interlocutory), and is four days long from express or implied . Express malice is
any interlocutory order. And appeals from signified by one person killing another
County Courts and other inferior Courts to with a deliberate mind and formed design ;
any Divisional Court of the High Court, and which formed design is evidenced by
are usually made by motion, although external circumstances discovering that
there is an alternative mode of proceeding inward intention ; as by lying in wait,
in that way, viz. , by special case. antecedent menaces, former grudges, and
concerted schemes to do him some bodily
MOVEABLES. Moveable and immove harm . Implied malice is signified by one
able is one of the commonest, because ono person's voluntary killing another without
of the most apparent and natural, of the any provocation ; for when such deliberate
MURDER - continued . MUTUAL CREDIT-continued.

acts are committed, the law implies or be contracted under a mutual credit ; and
presumes malice to have urged the party such mutual credit affords the basis of
to the cominission of them , although no par set -off .
ticular enmity can be proved (3 Inst. 4 ; See title Ser-OFF.
1 Hale, 455 ). And in case a person tres MUTUAL DEBTS. Are debts owed re
passing in pursuit of game fires at a bird , ciprocally from A. to B. and from B. to A.
and, without any intention at all of doing See title SET-OFF.
80 , hits and kills a man , that is murder,
inasmuch as the act of poaching is felonious, MUTUAL PROMISES. In a declaration
and the felony therein couples itself to the in special assumpsit, the plaintiff usually
death, and supplies the intention which alleged that, in consideration that he, at
was lacking (R. v . Crispe, 1 B. & Ald . the request of the defendant, had then
282 ). promised the defendant to observe, perform ,
See titles HOMICIDE ; Malice . and fulfil all things in the agreement on
MUSIC, COPYRIGHT IN. Musical com his, the plaintiff's, part, the defendant pro
mised the plaintiff that he would perform
positions intended for the stage are pro and fultil all things in the said agreement
tected as dramas (see title DRAMA, Copy on his, the defendant's pirt to be observed
RIGHT IN ) ; when not intended for the and performed ; and this was termed the
stage, they are protected by the Act 5 & 6
6 allegation or statement of mutual promises.
Vict. c. 45, the word " book " including a
" sheet of music.” In the early case of Where such an allegation was a material
part of the aktivn, it would still be made
Bach v. Longman (2 Cowp. 623), Lord under the present practice in the statement
Mansfield decided that music was protected of claim .
by the old Copyright Act, 8 Anne c. 19 See title MUTUALITY OF OBLIGATION.
(see title COPYRIGHT). The term for which
the copyright exists is twenty-eight years MUTUALITY OF OBLIGATION. One
and the residue thereafter of the author's of the three cardinal requisities to a simple
life if he should be living (3 & 4 Will . 4, contract. It is not to be confounded with
c. 15 ; 5 & 6 Vict. c. 45). The copyright Bilaterality of Contract.
must be registered ; it is assignable only See titles CONTRACTS ; UNILATERAL
by writing ; and the assignment must be CONTRACTS,
registered. As to what is an infringement MUTUUM . In Roman Law, was a loan
of this species of copyright, see D’Almaine of money or other fungible article, repay
v. Boosey ( 1 Y. & C. 288). able in the like amount of the article lent.
MUTE. A prisoner is said to stand See title COMMODATUM.
mute when, being arraigned for treason
or felony, he either makes no answer at
all , or answers foreign to the purpose, or N.
with such matter as is not allowable, and
will not answer otherwise ; or upon having NAME. The proper name is entitled as
pleaded not guilty, refuses to put himself a general rule to the first eminence, and
upon the country. the additions or descriptious annexed there
MUTINY ACT. An Act of Parliament to receive in the interpretation of docu
to punish mutiny and desertion, and for ments only secondary importance.
the better regulation of the army, and See titles ExTRINSIC EVIDENCE ; Falsa
DEMONSTRATIO NON NOCHT.
their quarters. The Mutiny Act, pro
perly so called, relates to the army NAME AND ARMS CLAUSE . Not un
only ; the Marine Mutiny Act relates to frequently, an estate is given by will to
the navy. Each Act is passed annually, John Jones subject to the condition that
the jealousy of the constitution for the in within one year (or some other specified
dividual's liberties being such as not to period ) after the death of the testator or
tolerate that such Acts, or the jurisdictions testatrix the devisee shall take the pame
which they establish, should become per and use the arms of Smith in addition to
petual or permanent. This necessity for or in lieu of his own name and arms ; and
their annual re -enactment also secures the the clause in which such a condition is
annual re -assembling of Parliament. expressed is usually called the Name and
See title ARMY DISCIPLINE ACT, 1879. Arms clause. Failing compliance with the
MUTUAL CREDIT. Where A. runs up condition within the prescribed time, the
debts with B., with the knowledge that B. estate goes over to another person , usually
owes money to A., and A. believes (and B. upon the like condition.
See title EXECUTORY DEVISES .
expects or might reasonably expect) that
he (A.) will write off these debts against NANTISSEMENT. In French Law is
the money owing, these debts are said to the contract of pledge ; if of a moveable,
NANTISSEMENT - continued . NATIONAL DEBT - continued .
it is called gage, and it of an immoveable with £1,829,100 unfunded debt, and a sum
it is called antichrèse. of £53,558,580, the estimated capital of
See titles ANTICHRESIS ; WELSH MORT existing terminable annuities, a total na
GAGE. tional debt of £ 781.972 103, the interest
and management of which amounted to an
NATIONAL DEBT. Commenced in the annual charge of £ 26,804,853. At the
reign of Charles II. During the civil war present time the National Debt (which in
of Charles I.'s reign, large sums of money 1876 had been reduced to 2725,000,000 )
had been deposited for safe custody with is being continuously reduced.
the London goldsmiths, who, after the Re NATIONALITY . According to the
storation ( 1660 ), began to act in the new
capacity of bankers, and to advance money Engl sh Law, depends upon the locality
to the national exchequer on the security of of birth , and not upon parentage ; but
an arsignment of some branch of the public according to the laws of the continental
revennie . Down to 1672 , these loans were nations, it dependsupon the parentage ;
always punctually repaid ; but in that and the latter principle has been largely
year, upon the outbreak of the Dutch war, introduced by statute into English Law .
Charles II. was persuaded by the Cabal Nati bality has nothing to do with domi
cile .
administration (see title CABAL MINISTRY) See titles ALLEGIANCE ; DOMICILE ;
to issue a proclamation forbidding the pay NATURALIZATION .
ment of any money out of the Exchequer
clue upon existing securities, but promising NATIVO HABENDO, WRIT OF. Wins a
instead to add the interest then due to the writ which lay for a lord when his villein
capital, and to alluw 6 per cent. interest on had run away from him ; it was directed
this new stock . Interest was paid down to the sheriff, and commanded him to appre
to the year 1683, and was then stoppeid ; hend the villein, and to restore liim together
and notwithstanding every effort of the with his goods to the lord . But if a villein
lenders (see title BANKERS' CASE), nothing had tarried in a town or upon ancient
was dune for the public creditor until 1699, demesne lands for the period of a year and
when an Act was passed ( which was to a day without having been claimed by his
take effect after December 25, 1705 ) charg loril, then the lord could not seize him in
ing the Excise with payment of 3 per cent. either of such places ( Les Termes de la
interest on the principal sum . Five years Ley). It was a writ of right raising the
previously, in 1694, the sum of £ 1,200,000, title of the lord, upon whom also the onus
at 8 per cent. interest, bad been borrowed probandi was laid ; and in favour of liberty
by the Government from a body of mer the proof of villenage, or neifty, required to
chants, wl.o, in return, received the privi bu carried back as far as I Ric, 1 .
lege of in 'orporation by royal charter, as See titles HOMINE REPLEGIANLO ; Vil
The Governor and Company of the Bank LENAGE .
of England." The charier was originally NATURAL -BORN SUBJECTS. Those
granted for only eleven years certain, pai
liment reserving the right to redeem the who are born within the dominions, or
debt at any time after 1705, upon giving a rather within the allegiance, of the King of
year's notice ; and with the relemption of England.
ihe debt the charter was to expire ( see title See titles ALLEGIANCE ; DENIZEN.
BANK OF E. GLAND). But new loans were NATURALIS OBLIGATIO. Is a moral
from time to time raised by the Government obligation, as opposed to a legal obligation,
in a similar manner, and the Bank Charter which was called civilis obligatio . It is
has been prolonged by several renewals. not sufficient to support an action, but ( in
At the end of William III.'s reign , the Roman Law) formed the basis of aa valid
national debt amounted to over £ 16,000,000 ;
under Queen Anne it reached the sum of exceptio or defence. See Brown's Savigny
on Obligations.
£ 54,000,000. The Spanish War, which
commenced in 1739, added £ 31,300,000 ; NATURALIZATION . The making a
and in 1763, after the Seven Years' War, foreigner a lawful subject of the State, or,
The debt amounted to £ 146,000,000. The as it is sometimes termed, the king's
American War of Independence increased natural subject. Formerly, an Act of
the debt by £ 121,000.000; and £601,000,000 Parliament was required in each particu
was added during the great French War, lar case to naturalise an alien ; the king
at the close of which the National Debt had by his letters patent might denizenise but
reached the enormous total of £ 840,850,491. not naturalise. However, by the 7 & 8
From £ 840,850,491, its amount in 1817, Vict. c. 66, which was a General Act, it was
it had been reduced on the 31st of March, enacted that aliens of friendly states might
1873, to £ 726,584,423, making together become naturalised British subjects upon
NATURALIZATION --continued . NAVY. The English Navy consists

complying with the requisites of the Act. (roughly speaking) of the Royal Navy and
And now , by the Naturalization Act, 1870 the Mercbant Navy. As regards the Mer
(33 & 3+ Vict. c. 14 ), further facilities of chant Navy, see titles MERCANTILE LAW ;
naturalization are affor led , and the impor MERCHANT SHIPPING ; ShipS, EXGL'SH AND
tant privilege of expatriation is conferred ; FOREIGN ; Ships, OWNERSHIP OF ; SEAMEN ;
also, the evil or inconvenience of a 6“ double &c. , &c. As regards the Royal Navy, see
allegiance” is remeslie . t.tles ADMIRALTY, COURT OF ; ARMY ;
See titles ALLEGIANCE ; DENIZEN. ARMY DISCIPLINE ACT, 1879 ; MARTIAL
Law : Prize ; & c.
NAVAL COURTS. Any naval officer or See title ARMY.
(in his default) any consular officer of the
Queen resident on any foreign station is NE EXEAT REGNO, WRIT OF. A
authorized by the Merchant Shipping Act, prerogative writ which issues to restrain a
1854, to suminon a naval Court to inquire person from leaving the kingdom . This
into wrecks and general complaints abroad, writ is occasionally resorted to in Equity
the Court consisting of not more than five when one party has an equitable demanii
and not fewer than three members, in Her against another, and that other is about
Majesty's naval or consular service, and to leave the kingdom and in that manner
having power totoadminister oaths, &c., and frustrate or impede the recovery of the
being obliged report the results of its demanil. In its origin , it was confined to
inquiries to the Board of Trade. It has great political objects and purposes of state ;
power in a proper case and for proper and in its present application to privato
cause to supersede a master, to discharge matters, it should be jealously guarded .
seamen , to forfeit wages, and to send of F. N. B. : Gray's Ch. Pr. 16.
fenders home for trial, &c., &c. See the See title ABSCONDING DEBTOR.
Merchant Shipping Act, 1854, and the Act NE RECTOR PROSTERNET ARBORES .
18 & 19 Vict. c. 91 , s. 18. This is the statute, 35 Edw. 1 , stat. 2,
NAVIGABLE AND NON -NAVIGABLE prohibiting rectors, i.e., parsons, from
RIVERS : See titles NAVIGATION, Public cutting down the trees in churchyards.
Right OF ; RIVERS. In Rutland v. Green ( 1 Keble , 557 ) it was
extended to prohibit them from opening
NAVIGATION, PUBLIC RIGHT OF. new mines and working the minerals
The right of the public to navigate a therein .
public river is paramount to any right of See title EQUITY OF A STATUTE.
property in the Crown , which never had Are such things as
the power, e.g. , to grant a weir in obstruc- NECESSARIES.
tion of the navigation ( Williams v. Willcox, meat, drink, apparel, lodging, medicines,
3 N. & P. 608). As to what is evidence of &c. , in the case of infants and married
a public river, the flux and reflux of the women , and include also (in the case of
tides is primâ facie evidence of its being infants ) education . The fortune and cir
80 ; but that evidence is not conclusive, cumstances present and prospective of the
because a public right of navigation in infant influence the question in this case ;
such a river may have been extinguished and the present fortune of the husband
either ( a .) By legal means; e.g., by an determines the question in the case of his
Act of Parliament, or under a writ wife. As regards the liability of infants
of ad quod damnum , or by an order for necessaries, see title INFANTS, INCAPA
of commissioners of rivers ; or (b.) By CITIES OF ; and as regards the husband's
natural causes - e.g ., a retreat of the sea or liability for his wife's necessaries, see title
a deposit of silt and mud ( Rex v. Montague, HUSBAND AND WIFE.
6 D. & R. 616 ). A navigable river is a NEGATIVE AVERMENT. As opposed
public highway for vessels at all times and to the traverse or simple denial of an attir
states of the tide ( Colchester ( Mayor) v. mitive allegation, a negative averment is
Brooke, 7 Q. B 339) ; and an obstruction to an allegation of some substantive fact, e.g.,
the navigation may be the subject either that premises which
are not in repair,atfirma
of an action or of an indictment, according although negative in form is really
to the circumstances. Similarly, the public tive in substance, and the party alleging
have a right of user of a canal, which is the fact of non -repair must prove it.
an artificial navigable river, e.g., with See titles AFFIRMATION , PwooF OF ;
boats propelled by steam power, if they do ONUS PROBANDI.
no injury to the canal beyond what would
be occasioned by traction by horses ( Case v. NEGATIVE PREGNANT. In pleading
Midlund Ry . Co., 5 Jur. (N.S.) 1017 ). signifies the statement of a negative pro
position in such a form as may imply or
NAVIGATION, RULES OF : See title carry with it the admission of an affirma
R ('LE OF THE Road. tive. Thus, in an action of trespiss for
NEGATIVE PREGNANT - continued . NEGLIGENCE — continued .
entering the plaintiff's house, if the defen- contributed to the damage ; and, before the
dant pleads that the plaintiff's daughter | jury can find for him, they must be per
gave him licence to do so , and that he suaded upon the evidence that the defen
entered by that licence, and the plaintiff dant's negligence was such as that the
replies that he did not enter by her licence, damage would have arisen at all events
such a replication would be a negative although the plaintiff had been ever so
pregnant, inasmuch as it might imply or diligent.
carry with it (i.e., be “ pregnant with " ) See title CONTRIBUTORY NEGLIGENCE.
the admission that a licence was given ,
although the defendant did not enter by NEGOTIABLE SECURITY. Is any secu
that licence. A negative pregnant is one rity for money or goods wbich passes by
of those faults in pleading which fall delivery from hand to hand with or with
within the rule that pleadings must not be out indorsement, in such manner as to
evasive or of doubtful meaning, and in the confer upon the transferee a title that is
case supposed, the defendant would be complete and not subject (excepting in
justified in moving to strike out the reply very exceptional cases) to any equities
as embarrassing or to have it amended ; and affecting the security in the bands of the
the evasive reply involving an admission, transferor. Bills, notes, and debentures pay
the defendant might occasionally take able to bearer, are examples of negotiable
advantage of the admission, securities .
See title PLEADING . NEGOTIATIONS. Differ from an agree
ment, in thatliability
NEGLIGENCE . Negligence producing them , and no nothingas upon
is concluded by
a concluded
damage to the plaintiff is in all cases a agreement attaches.
ground of action ; but the question what See title SPECIFIC PERFORMANCE .
shall be considered negligence for this pur
pose is a question for the jury, subject to NEGOTIORUM GESTORUM . One of
certain rules of law, or of common sense , the six quasi contracts mentioned by Jus
according to which the measure of cul- tinian , and which is distinguished from
pable negligence varies according as the the contract of mandatum in one particular
circumstances of the case differ . In all only, viz ., the absence of any request prior
cases, the first point to settle is the amount to the employment being accepted.
or degree of diligence exigible from the See title MANDATUM .
defendant, for by means of that positive NEMO BIS VEXARI DEBET. This
criterion, it is possible to ascertain in the maxim , which ( when fully expressed) is
next place the amount or degree of negli.
gence on the defendant's part which will nemo bis vexari debet pro ună et eâdem
involve him in liability for the damage causâ, means literally that no one is to be
which has arisen . The rule is, that the a second time troubled ( with litigation or
negligence is inversely in proportion to the criminal prosecution ) in respect of one and
diligence. For example, if but slight dili the same matter (civil or criminal). As
gence (levis diligentia ) is exigible, then regards civil demands, the maxim lies at
only gross negligence (crassa negligentia ) the basis of the plea of res judicata ; and as
amounting almost to wilfulness or inten regards criminal prosecutions, the maxim
lics at the basis of the plea of auterfois
tionality (dolus), will render the defendant acquit.
liable, as is the case with gratuitous
bailees, whether depositaries or manda See titles AUTERFOIS ACQUIT ; RES
tories. And , on the other hand, if extreme JUDICATA, PLEA OF.
diligence (exacta diligentia ) is exigible, NEMO DEBET BIS PUNIRI PRO UNO
then the slightest negligence ( levis negli DELICTO : See title NEMO BIS VEXARI
DEBET.
gentia , or levis culpa ) will in like manner
render the defendant liable , as is the ca e NEMO EST HÆRES VIVENTIS . A
with inn -keepeis, carriers, and generally living person has no heir ; that is to say, a
with paid bailees. person must first die before his heirs can
But, subject to these rules, the question be ascertained or even exist ; but an heir
is one of fact; and the mode of proof apparent may exist during the life of his
varies from the most apparent case, in
ancestor .
which the facts speak for themselves (res See titles HÆREDES ; ITEIR.
ipsa loquitur) condemning the defendant, NEMO POTEST EXUERE PATRIAM
into the least tangible case of all in which
the judge liesitates whether or not there is SUAM : See title ALLEGIANCE .
any question of negligence at all which he NEMO POTEST MUTARE CAUSAM POS
can submit to the jury. Then, occasion- SESSIONIS SUÆ. Literally, no one may
ally , the plaintiff has by his own negligence alter the character (i.e. quality ) of his
NEMO POTEST MUTARE CAUSAM POS- NEW ASSIGNMENT - continued .

SESSIONIS SUE - continued . ment, for the purpose of setting the defen
own possession , -- e.g. from being consistent dant right. A new assignment was the
possession into being adverse possession. pleading whereby the plaintiff assigned
Thus, a tenant for life cannot acquire afresh his ground of complaint with more
adversely against his remainderman ; or, certainty and particularity than he had
semble, a copyholder against his lord , or a previously done in the declaration, and
lessee against his less distinguished the true ground of complaint
NEMO TENETUR DIVINARE. Lite from that which the defendant in his plea
bad assumed it to be. Thus, in an action
rally, no one is obliged to conjecture. of trespass quare clausum fregit, for re
Wherefore conjectural explanations (as peated trespasses, the declaration usually
contradistinguished from inferences from stated that the defendant on divers days
the facts proved ) are not admissible in and times before the commencement of the
law . The maxim has its principal appli suit broke and entered the plaintiff's close,
cation in connection with circumstantial
evidence. and trod down the soil , & c., without set
ting forth more specifically in what parts
NEMO TENETUR SE IPSUM ACCUSARE . of the close, or on what occasions, the de
Literally, no one is bouud to accuse or to fendant trespassed , and it often happened
convict himself . This maxim exempts a that the defendant claimed a right of way
witness from answering questions tending over a certain part of the close , and in ex
to criminate him . ercise of that right had repeatedly entered
NEUTRALITY. Is the condition in and walked over it, and had also entered
which a third nation is, when it holds and trodden down the soil, &c., in parts
aloof from two other nations who are at out of the supposed line of way, and the
war with each other. The duties of a plaintiff intended to apply his action to
friendly neutrality have been considerably the trespasses, properly so called, i.e. , these
increased of late years, whence the Foreign entries, &c., that were not covered and
Enlistment or Neutrality Act of 59 Geo. 3, excused by the right of way, even if such
c. 69, hasbeen repealed, and a more strin a right of way existed . The defendant, by
gent Neutrality Act, viz., the Foreign En reason of the generality of the declaration,
listment Act, 1870 (33 & 34 Vict. c. 90 ) has might, therefore, in his plea, allege , as a
been substituted in its place. Under that complete answer to the whole complaint,
Act, which extends to all the Queen's do that he had a right of way by grant, &c. ,
minions and the adjacent territorial waters, over the said close ; and if he did that, and
the penalty of fine and imprisonment, or of the plaintiff confined himself in his repli
either, and with or without hard labour, is cation to a denial of that plea, and the
imposed upon any British subject enlisting defendant at the trial proved a right of
without the licence of the Queen in the way as alleged , the plaintiff would be pre
military or naval service of either belli cluded from giving evidence of any tres
gerent,or agreeing to so enlist, or inducing passes committed out of the line or track
others to so enlist,or leaving England with over which the defendant thus appeared
the intention to so enlist, or inducing entitled to pass . In such a case, there
others to embark with that intention , under fore, the plaintiff's course was, in his repli
a misrepresentation of the fact, or taking cation, to new assign , by alleging that he
illegally enlisted persons on board , with a brought his action not only for those tres
knowledge of the fact. And under the passes, supposed or assumed by the defen
same Act, illegal ship -building and all dant, but also for others committed on
particular acts assistant thereto, and all other occasions, and in other parts of the
illegal expeditions generally, are subject close out of the supposed track or line of
way over which the defendant so claimed
to the like penalties, together with the
forfeiture of the vessel or other materials of a right to pass ; and such a new assign
the expedition . ment was usually called a new assignment
See title FOREIGN ENLISTMENT. extra viam (Steph. Pl. 247, 252 ; Bull. &
Leake, Prec. in Plead ., pp. 653-657 ).
NEW ASSIGNMENT. From the very By the C. L. P. Act, 1852, s. 87, only
general terms in which declarations were one new assignment could be pleaded to
framed , the defendant was sometimes not any number of pleas to the same cause of
sufficiently guided or tied down to the real action ; and such new assignment was to
cause of complaint, and was in consequence be consistent with and confined to the
led or left to apply bis plea to a different particulars ( if any ) delivered in the action ,
matter from that which the plaintiff had and was to state that the plaintiff proceeded
in view. In such cases, a plaintiff was for causes of action different from all those
obliged to resort, in his replication, to a which the pleas professed to justify, or for
mode of pleading termed a new assign- an excess over and above what all the
NEW ASSIGNMENT - continued. NEW TRIAL MOTION PAPER - conta .
defences set up in such pleas justified, or move therein put into a list, called the new
both . And now under the present practice, trial motion paper; and the motions were
the plaintiff is not in such a case (or in then beard and disposed of on the follow
any case ) to new assign , but he is to amend ing or some subsequent day, according to
his declaration, i.e. , his statement of claim, the seniority of counsel appointed to move
so as to better guide or tie down the defen therein .
dant to the real cause of action (Order XIX. See title NEW TRIAL, MOTION FOR.
14 ). NEW TRIAL PAPER . A paper con
See title AMENDMENT.
taining a list of causes in which rules nisi
NEW COMBINATION : See title PA had been obtained for a new trial, or for
TENTU . entering a verdict in place of a nonsuit, or
NEW STYLE : See title YEAR.
for judgment non obstante veredicto, or for
otherwise varying or setting aside proceed
NEW TRIAL, MOTION FOR. This ings which had taken place at Nisi Prius.
motion is in the first instance for a rule or These were called on for argument in the
order to shew cause why a new trial should order in which they stood in the paper, on
not be had , and is one of the few motions days appointed by the judyes for the
ex parte that are preserved by the Judica purpose.
ture Acts, 1873–75. The motion is niade to See title NEW TRIAL, MOTION FOR.
the Court of Appeal when the trial has been NEW TRUSTEES . Almost all settle
by a judge without a jury (Order xxxix . ments and wills contain a power in some
1 , Dec., 1876 ), and to a Divisional Court person or persons specified for that purpose
of the High Court when the trial has to appoint a new trustee or new trustees in
been by a judge with a jury. The grounds the place or places of the original trustees,
for making the motion may be either that or some or one of them , upon the death or
the damages awarded are excessive, or are practical incapacity of such latter trustee
inadequate, or that the judge misdirected or trustees to continue in the execution of
the jury in matter of law, or that evidence the trusts of the settlement or will ; and
was wrongly admitted or rejected ; and when no such power is coutained in the
the grounds of objection must be taken settlement or will, a power to the like
at the trial, wherever that is possible effect is deemed to be inserted therein
(Order zviii . 13). And after hearing the under and by virtue of Lord Cranworth's
notion , the Court may either make no Act ( 23 & 24 Vict. c. 131 ) . The High
order or may make an order nisi for a new Court (Chancery Division ) will also in a
trial ; and in the latter case , the other side proper case appoint new trustecs, either
is required to shew cause against the rule under the Trustee Acts ( 1850 & 1852) or
nisi being made a rule absolute. When by virtue of its general jurisdiction where
the rule is made absolute, a new trial will that is called into aid. It is usual and
follow in due course ; and the result of the proper upon every appointment of new
trial, if that should be acquiesced in, will trustees, to vest in them either alone
in general determine the liability for the or jointly with the old and continuing
costs of both trials. In any case, where trustees or trustee (if any ) all the trust
the Court would make absolute the rule property, by proper conveyances and trans
nisi, it may adopt one or other of the fers thereof. And the new trustees declare
following courses instead of directing a their acceptance of the trust, and are
new trial, that is to say, it may itself invested thereupon with all the powers of
finally determine the question or questions the original trustees.
in dispute upon the materials before it ( if NEW WRIT. For the election of a mem
sufficient), or it may direct the motion to
stand over for further consideration until ber of parliament, upon the existing repre
such time as it has sufficient materials sentative vacating his office or dying, is
before it, and may direct the trial in the issued from the office of the Clerk of the
meantime of any question or issue likely to Crown in Chancery under the Speaker's
assist its final determination. warrant and ( if the House be sitting ) by
its own order ; but upon a general election ,
NEW TRIAL MOTION PAPER . By the the new writ is issued out of Chancery by
for mer practice of the Courts motions for advice of the Privy Council . - See Bush by's
new trials must in general have been made Election Manual, 5th ed ., 1880 .
within the first four days of term ; but
when from pressure of business, or other NEWSPAPERS : See title Press, LIBERTY
OF.
like cause , the Courts had not had time to
dispose of all the applications, it was the NEXT FRIEND . An infant sues by
practice to have the names of the causes his next friend ( prochein ami) and defends
and of the counsel who were instructed to by his guardian ad litem. Similarly a
NEXT FRIEND - continued . NEXUM - continued .

married woman where she has an interest veyance by mancipatio ; and came latterly
conflicting with that of her liusbanel, sues to be used interchangeably with (but less
by her next friend ; and in such a case, frequently than ) the word obligatio itself.
the husband is made a defendant; and it
does not matter whether the property be NIGHT. As to what, by the Common
the separate estate of the wife or not. But Law, is reckoned night and what day, it
no next friend is required in cases within seems to be the general opinion that if
M. W. P. Act, 1870. The name of the there be daylight, or crepusculum , enough
begun or left to discorn a man's face, that
next friend is always mentioned in the title is considered day ; and night is when it is
of the cause or matter, and a written
80 dark that the countenance of a man
authority from the next friend must, in cannot be discerned ( 1 Hale's P. O. 350 ).
the case of a suit, be filed together with
the writ ( 15 & 16 Vict. c. 86, s . 11 ). The However, the limit of 9 P.M. to 6 a.m. bas
next friend is responsible for the costs of been fixed by statute as the period of night
the suit if unsuccessful. in prosecutions for burglary and larceny
NEXT OF KIN. Means literally the ( 24 & 25 Vict. c. 96, s. 1 ).
nearest of kin to any particular decea -ed NIHIL CAPIAT PER BREVE, or PER
person , and where the words “ in blood ” BILLAM . An old judgment given against
(Halton v. Foster, L. R. 3 Ch. App. 505 ) a plaintiff either in bar of his action, or in
are used, that is the meaning of next of abatement of his writ ( Co. Litt. 363).
kin in law. But usually the phrase next of See title DISMISSAL OF ACTION .
kin denotes the person or persons entitled NIHIL, or NIL DEBET. The plea to an
to succeed under and according to the action of debt on simple contract was com
statutes for the distribution of intestate's monly not indebted , or nil debet. How
personal estate (22 & 23 Car. 2, c. 10 ; ever, by r. 11, T. T. 1853, the plea of nil
29 Car. 2, c. 30 ; and 1 Jac. 2, c. 17 ), under debet was abulished ( Bull. & Leuke, Prec.
which statutes a wife receives either one Pl . 462 ).
half ( where there are no children ) or one
third (where there are children ). and sub- NIHIL , or NIL DICIT . When the plain
tiff in an action had stated his case in the
ject to the right of the widow ( if any ) the
children take equally the entire estate , the declaration, it was incumbent on the de
right of representation being unlimited ; fendant, within a prescribed tinie, to make
and failing children, brothers and sisters his defence and to put in a plea, otherwise
of the deceased whether of the half or the plaintiff would be entitled to have
whole blood take equally, and the children judgment by default or nil dicit of the
defendant.
(but uot the grandchildren ) of any deceased See title DEFAULT, JUDGMENT BY.
brother or sister represent him or her, and
are entitled accordingly . A father ex- NIHIL FACIT ERROR NOMINIS : See
cludes all brothers and sisters and also the title Falsa DEMONSTRATIO NON NOCET.
mother ; but a mother comes in equally
with brothers and sisters . Beyond these NIHIL HABUIT IN TENEMENTIS. A
particular rules, the remaining next of kin, plea formerly pleaded in an action of debt
whether of the half or the whole blood, only, when brought by a lessor against a
are to be ascertained by counting the de- lessee for years, or at will , without a deed
grees between them and the deceased per. (2 Lil. Abr. 214 ).
son through the common ancestor. NIMIA SUBTILITAS REPROBANDA .
NEXT PRESENTATION. The right of Means literally that too much subtlety in
presenting a clerk in holy orders to a law is to be rebuked and avoided ; and the
church living upon thenextvacancy thereof, maxim applies to legal argumentation as
is called the right of next presentation ; well as to the practical administration of
such right is the subject of lawful sale and properties.
purchase, provided the purchaser is not NISI PRIUS. The nisi prius Courts are
himself the intended presentee ( 12 Anne, such as are lield for the trial of issues of
stut. 2 , c. 12, s. 2) ; but no spiritual per: on fact before a jury and one presiding judge,
may sell a next présentatiou the bestowal and which form the subject matter of a
of which is in him by virtue of his office civil action . The nisi prius Courts are to
( 3 & 4 Vict. c. 113. s. 12 ). A next presen be distinguished from the Courts sitting in
tation is considered to be personal property, banc or banco, and also from the Crown
und as such is distinguished from an entire Courts. Thus, a judge is said to be sitting
advowson which is real property. in banc when , in company with one, two, or
Sce title AuvOWSON. tiiree other judges, he is hearing and deter
NEXUM . In Roman Law, expressed the mining questions of law, which have been
tie or obligation involved in the old con- raised for the opinion of the Court ; and at
NISI PRIUS — continued . NOLLE PROSEQUI- continuerl.

the assizes, a judge is said to be sitting in other pleas of the defendants. (Day's Com .
the Crown Court when he is sitting with a Law Prac. 110).
jury for the trial of prisoners. The origin See title JUDGMENT, VARIETIES OF.
of the phrase is to be found in the old form NOMINA ARCARIA : See titles NOMINA
of præcipe to the sheriff commanding him TRANSCRIPTITIA ; LITERIS OBLIGATIO.
to have the persons of the jury at West
minster on such and such a day, “ unless NOMINA TRANSCRIPTITIA . In Ro
sooner (nisi prius) the judge should go man Law , obligations contracted by literæ
down himself to the country to try the case ( i.e., literis obligationes) were so called be
there. cause they arose from a peculiar transfer
NISI PRIUS RECORD ; See titles ENTRY
(transcriptio ) from the creditor's day book
( adversaria ) into his leilger (codex).
ON THE ROLL ; Issue ROLL. See title LITERIS OBLIGATIO .
NO DUTY UPON DUTY : See title NOMINAL DAMAGES : See title DA
LEGACY DUTY. MAGES.
NO SURVIVORSHIP UPON SURVIVOR NOMINAL DEFENDANT. Otherwise

SAIP : See titles LAPSE ; SURVIVORSHIP. called a merely formal defendant, is a person
whom the exigences of legal procedure
NO TRUE BILL : See titles IGNORAMUS ; oblige the litigant to make a party to his
TRUE BILL . action or other legal proceeding, but as
against whom no relief whatsoever is
NO USE UPON A USE : See title USES . claimed in the action , or at all events no
immediate relief. Such a defendant usu
NOBILITY . The privilege of the no ally incurs no costs or only the smallest
bility is contined to the actual peer for the possible costs, and he is entitled to be paid
time being ; and the privilege, even as so by the plaintiff all costs necessarily incurred
restricted , is little valued even by its pos by him in the action from having been
sessor ; in these respects, the English no
bility differs from a noblesse. The early made a party thereto .
commingling of county and borough mem NOMINATION TO A LIVING. The
bers in the Commons House is assigned as rights of nominating and of presenting to
one of the principalcauses of this character a living are distinct, and may reside in
of the English nobility . different persons. Presentation is the
See titles PEERS ; HOUSE OF LORDS. offering aa clerk to the bishop. Nomination
NOLLE PROSEQUI. A nolle prosequi is the offering a clerk to the person who
was in the nature of an acknowledgment or has the right of presentation. Thus, one
undertaking by the plaintiff in an action seised of an advowson may grant to A. and
his heirs that whenever the church becomes
to forbear to proceed any further either in
the action altogether, or as to some part of vacant, he will present such a person as
A. or his heirs shall nominate . He who
it, or as to some of the defendants. À nolle
has the right of nomination is, to most
prosequi was different from a non pros. , for purposes , considered as the patron of the
there the plaintiff was put out of Court with
respect to all the defendants. If a plaintiff church (Plowd. 529 ; Rog. Ecc . Law , 5).
misconceived his action, or made a mistake See title NEXT PRESENTATION .
as to the party sued (as where he sued a NON- ACCESS. By husband to wife may
feme covert, and she pleaded coverture in be proved either by shewing that husband
bar, or the like ), he might enter a nolle was not within the kingilom (and wife
prosequi as to the whole cause of action , and was) during the entire period of gestation
proceed de novo in another action (2 Arch. ( Queen v. Murray, Salk. 122) or by other
Pract. 1512 ). If money were paid into pertinent evidence ( R. v. Bedall, 2 Str.
Court, and the plaintiff determined on ac 1076 ). The wife's evidence of non - access
cepting that sum in satisfaction of the is not sufficient, even if it is allmissible
action , he might reply that he accepted the ( R. v. Reading, Rep. temp. Hardw. 79).
sum paid into Court in satisfaction of that
part of the declaration to which the plea NON ACCIPI DEBENT, &c. : See title
was pleaded ; and if he did so, he must at Falsa DEMONSTRATIO NON NOCET.
the same time have added a nolle prosequi NON . AGE. Under twenty -one years of
as to the residue, otherwise the defendant age in some cases, and under fourteen or
might sign judgment of non pros. But if twelve in others .
he accepted the sum in satisfaction of part See titles AGE ; INFANTS.
only of his action, namely, of that part to
which the plea of payment into Court was NON-APPEARANCE : See titles APPEAR
pleaded, than he must have replied to the ANCE TO WRIT ; TRIAL, APPEARANCE AT.
NON ASSUMPSIT. The name of a plea NON CONSTAT. It is by no means clear

which occurred in the action of assumpsit, or evident; a phrase used in general to
by which the defendant denied that he state some conclusion as not following,
undertook, or promised , to do the thing although it might seem , primâ facie, to
which the plainiitt'in hisdeclaration alleged follow ,
that he did uudertake and promise to do ; NON -CONTENTIOUS JURISDICTION :
and this plea operated as a " lenial , in point See titles CONTENTIOUS JURISDICTION ;
of fact, of the existence of any express VOLUNTARY JURISDICTION.
promise of the fact alleged in the declara
tion , or of ihe matters of fact from which NON DAMNIFICATUS. This was a plea
the promise alleged would be implied by in an action of debt on an indemnity bond,
law ( Steph. on Plead. 170, 180). or bond conditionell " to keep the plaintiff
NON ASSUMPSIT INFRA SEX ANNOS. harmless and indemnified ,” &c.; it was in
the nature of a plea of performance, being
There are certain periods limited by law used where the defendant meant to allego
within which actions must be brought. In that the plaintitf had been kept harmless
an action on a simple contract the period is and indemnified according to the tenor of
six years ; if, therefore, any person com the condition (Steph . on Plend . 388).
menced an action of assumpsit for any
thing which did not accrue or happen NON DECIMANDO : See title Monts
within such period of six years, the defend DECIMANDI .
ant might plead non assumpsit infra sex NON DETINET. A plea which occurred
annos, i.e., that he made no such promise in the action of detinet, by which the
within six years, which plea was an effec defendant alleged that he did not detain
tual bar to the complaint; and the defend
ant in such a case would now plead the " the said goods " in the plaintiff's decla
Statute of Limitations, ration specified , &c. It operated therefore
as a denial of the detention of the goods
NON CEPIT. A plea which occurred in in question by the defendant ( Steph . on
the action of replevin , in which action the Plead . 175 ) .
plaintiff alleged in his declaration that the See title DETINUE .
defendant “ took certain cattle or goods of NON EST FACTUM. A plea which
the plaintiff in a certain place called, & c .," occurred in the action of debt on bond or
and this plea stated that he did not take
the said cattle or goods “ in manner and other specialty, and also in covenant. In
form as allegedl,” which involved a denial this plea the defendant denied that the
deed mentioned in the declaration was his
both of the taking and of the place in
which the taking was alleged to have been , (Steph . on Plead . 169, 172 ). By r. 10,
the place being a material point in this T. T. 1853, in actions on specialties and
action ( Steph . on Ple: id . 185 ). covenants, the plea of non est factum ope
See title REPLEVIN . rated as a denial of the execution of the
deed in point of fact only , and all other
NON -CLAIM . The omission or neglect defences bad to be specially pleaded , in
of him who ought to claim his right within cluding matters which made the deed
the time limited by law ; as within a year absolutely void as well as those which
and a day where a continual claim was re made it voidable ; and such is the present
quired , or within five years after a fine had effect of the plea.
been levied ( Les Termes de la Ley ). NON EST INVENTUS. When a writ is
NON COMPOS MENTIS . Not master directed to the sheriff commanding him to
of his wits ; in other words, of unsound arrest the defendant, and he is unable to
mind . do so because he cannot find him , he
See title LUNACY . returns the writ with an indorsement on
it to that effect, and this is technically
NON -CONFORMISTS. Were originally called a return of non est inventus.
oppressed by various Acts of Parliament See title LMPRISONMENT FOR DEBT,
(see titles CORPORATION ACT ; Five Mile
Act ; TEST ACT ), all which have been NON -EXISTING GRANT, TITLE BY.
repealed by the Toleration Act ( 1 W II . & Long prior to the Prescription Act (3 & 4
Mary, c. 18), and various subsequent Acts Will. 4 , c. 71 ), juries were directed by the
culminating in the Universities Tests Act, Court after proof of uninterrupted enjoy
1871 (34 & 35 Vict. c. 26 ), whereby all lay ment of an incorporeal hereditament to
degrees and offices in the three Universities presume that such hereditament or right
of Oxford, Cambridge, and Durham were had a legal origin in some grant since lost
thrown open to them . or destroyed (Reed v. Brookman , 3 T. R.
See titles CHURCH AND STATE ; Dis. 151 ) ; and this was called making title by
SENTERS , non -existing grant. The presumption was
NON - EXISTING GRANT, TITLE BY NON OMNE QUOD LICET HONESTUM
continued . -continued .
not generally conclusive but was rebuttable ; conduct may not be honourable, but morally
and now under the 3 & 4 Will. 4, c. 76, detestable.
certain lengths of uninterrupted enjoyment NON PROSEQUITUR . If in the pro
are made conclusive of the right.
See title PRESUMPTIONS, QUALITY OF. ceedings of an action at law the plaintiff
neglected to take any of those steps which
NON -FEASANCE . The omitting to do he ought to take within the time prescribed
what ought to be done, e.g., where a gra by the practice of the Courts for that pur
tuitous bailee simply refuses to enter upon pose, the defendant might enter judgment
the agency, and for which mere non of non pros. against him , whereby it was
feasance he is held to be not liable (Balje adjudged that the plaintiff did not follow
v . West, 13 C. B. 466 ). up (non prosequitur) his suit as he ought
See title MISFEASANCE. to do, and therefore the defendant ought to
NON -FUNGIBILES : See title Fungi have judgment against him (Smith's Action
BILES . at Law, 96 ). And in such a case, the
defendant would under the present practice
NON-JOINDER. The not joining of any move to dismiss the plaintift's action for
proper or necessary person or persons as a want of prosecution .
co -defendant or co -plaintiff ( Tidd's New See title DISMISSAL OF Action.
Pract. 318 ). The non - joinder of a plaintiff
or the selection of a wrong plaintiff ( if NON QUOD DICTUM SED QUOD FAC
either has arisen through a bonâ fide mis TUM INSPICIENDUM EST. The words
take, even a mistake of law ( Duckett v. of the parties are not conclusive of their
Gorer , 6 Ch. Div. 82 ) will be remedied and intention , where these words are at vari
a proper plaintiff or plaintiffs will be added ance with their actual conduct, e.g., it may
or substituted as the case may require be expressed that some specified sum is
(Order xvi . 1 ), the new plaintiff or plain “ liquidated damages,” and yet the specified
titfs consenting ( Order xvi . 13). The like sum may be in fact only the outside limit
remarks Lold regarding the nonjoinder of of uncertain and unliquidated damages,
defendants, but a defendant may be added when the nature of the contract or bond is
without any consent on his part to become regarded ( Kemble v. Farren, 6 Bing. 141 ).
a party. NONSUIT. A renunciation giving up
See title MISJOINDER.
the suit by the plaintiff ' ; and this was
NON -NAVIGABLE RIVERS : See title usually done on his discovering some error
RIVERS. or defect, or when he found that his evi
NON -OBSTANTE, CASE OF : See title dence was not sufficient to maintain bis
DISPENSING POWER. case . The stage of the proceedings at
NON OBSTANTE VEREDICTO . When which a plaintiff' was nonsuited was usually
the defence of the defendant in an action just before the judge had summed up, but
putupon the record was not a legal defence it might be done at any time before the
to the action in point of substance, and the
jury bad delivered their verdict. It was,
however, entirely optional with the plain
defendant obtained a verdict, the Court, tiff whether he would submit to a vionsuit
upon motion, gave the plaintiff leave tó or not ; he could not be compelled to do
sign judgment notwithstanding the verdict, so , but might insist on the case going to
provided the merits of the ca e were very the jury, and take his chance of the verdict.
clear ; and this was called judgment non In cases, however, where it was doubtful
obstante veredicto ( 2 Arch . Pract. 1551 ). whether the verdict would be aa favourable
And a verdict obtained in that manner one, it was usual for the plaintiff to choose
would , sembie, afford ground for noving for (or elect as it was termed ) to be non -suited ,
a new trial under the present practice of because after a nonsuit he might commence
the Courts, and upon such motion the another suit against the defendant for the
Court of Appeal or (as the case might be ) same cause of action, which might be advi
the Divisional Court would directjudgment sable if he could come better prepared with
for the plaiutiff in a proper ('a:e . evidence, or coulil otherwise repair the
See title New TRIAL, MOTION FOR . defect which was the cause of his failure ;
NON OMNE QUOD LICET HONESTUM. but if a verdict were « ince given, and judg
Means literally that what is lawful to do ment followed thereon , he was for ever
is not invarially an honourable thing to barred from suing the delendant upon the
do ; e.g. , a person may keep within the same ground or complaint (1 Arch . Pract.
strict letter of the law and even within the 409, 414 ; Steph. on Plead. 120 ). Uuder
strict rules of equity, 80 as not to be liable the Judicature Acts, 1873-75, a judgment
either at law or in equity, and yet bis of nonsuit is to have the same effect as a
NONSUIT - continued . NOT GUILTY -- continued .

judgment for thedefendant upon the merits nemo se debet, nisi coram Deo ). An accused
(Order xli. 6), but the Court may other- person is, therefore, in almost all cases jus
wise direct, and may also relieve on the tified in pleading not guilty to a criminal
ground of fraud , &c. charge. On the otherhand, in civil cases,
NON SUM INFORMATUS. Judgment when a defendant pleaded not guilty he was
by default was either by nil dicit, that is, said to plead the general issue, whereby he
where the defendant was stated to have was taken to deny the gist of the action
appeared, but to have said nothing in bar only . For example, in actions for torts
or preclusion of the action ; or by non sum the plea of not guilty operating as a denial
informatus, where he was said to appear only of the breach of duty or wrongful act
by attorney, but the attorney said that he alleged to have been committed by the
was not informed by the defendant of any defendant, it followed that in an action for
answer to be given . This latter was used a nuisance to the occupation of a house
only in cases where judgment was entered by carrying on an offensive trade the
in pursuance of a previous agreement be plea of not guilty operated as a denial
tween the parties ( Les Termes de la Ley). only that thedefendant carried on the
Nothing exactly similar to judgment by alleged trade in such a way as to be a
non sum informatus appears in the Judi nuisance to the occupation of the house,
cature Acts or the orders and rules made but did not operate as a denial of the
thereunder ; but where counsel for the plaintiff's occupation of the house. And
defendant is instructed not to oppose any again, in an action for slander of a plain
particular judgment order or decree, and so tiff in his office,or profession, or trade, the
informs the Court, that judgmeut order or plea of not guilty operated as a denial
decree (not being by consent of the defen of speaking the words, of speaking them
dant) corresponds with the judgment of maliciously and in the defamatory sense
non sum informatus in all material respects. imputed , and with reference to the plain
tiff's office, or profession, or trade, but did
NON TRADER : See title TRADERS AND not operate asa denial of the fact of the
NON - TRADERS. plaintiff holding the office, or profession ,
NON -USER . Is one of the modes recog- or trade alleged (Smith’s Action at Law ,
nised by law for the extinguishment of ease p. 533). Under the present practice, the
ments . The non - user, to have that effect, effect of the plea in all such cases is sub
must shew an intention in the dominant stantially the same, or at all events has not
owner to renounce the right. This mode been enlarged, the invariable rule now
of extinguishing easements is applicable to being to deny substantially and in minute
continuous, not to discontinuous, easements detail everything that is intended or not
(Galeon Easements, 623-627, 5th ed .) . expressed to be non -admitted .
Where the non -user consists in a user in NOT GUILTY BY STATUTE. This plea
excess of the permitted user, and the excess has been given under a large number of
is not separable from the lawful measure, statutes, for the protection usually of public
and the excess is substantial, then the and official personages, but also, although
easement is lost or in a manner forfeited
(3 Ad. & E. 325).
less generally, for the protection ofmerely
private individuals. By R. G. , T. T., 1853,
NOSCITUR A SOCIIS . This maxim rule 21, a defendant pleading this defence
denotes that a phrase or clause is best is required to insert in the margin of his
understood by reading it in connection with plea the words “ by statute," adding the
its context before and after. year, chapter, and section , of any statute
See title Ex ANTECEDENTIBUS ET Cox- or statutes on which he relies, and stating
SEQUENTIBUS. whether they are public or not ; and then
NOT GUILTY. A plea which occurred he may avail himself of any of the defences
in the action of trespass or trespass on the provided by the statute or statutesspecified.
case ex delicto, by which the defendant This plea is prescribed by the Judicature
denied being guilty of the trespasses, &c., Acts (Order xix., 16), and its effect is
laid to bis charge in the plaintiff's decla unaltered ; but it cannot ( excepting by
ration , When a defendant pleads not leave of the Court) be joined with any
guilty in a criminal charge he thereby puts other plea or defencé.
himself upon trial, and is entitled to all NOTARY. In ancient times a notary
the chancesof escape from conviction which was a scrivener, who took minutes and
the rulesof law afford him in case of the made short drafts of writings and instru .
evidence being doubtful, or from any other ments, both of a public and of a private
cause , notwithstanding he may in fact nature. In the present day, however, a
have committed the act which is usually notary or notary public is one who confirms
taken to constitute the offence ( accusare and attests the truth of any deeds or
2 B
NOTARY - continued . NOTICE - continued .
writings, in order to render the same avail. quiry, wherefore of these other things he is
able as evidence of the facts therein con taken to have had constructive notice ; and
tained in any other country. Some of the (2. ) Where the circumstances are such as
chief duties of Dotaries are connected with shew the person charged with construc
mercantile transactions, as in noting bills tive notice to have wilfully, and not negli
of exchange and promissory notes which gently merely ,abstained from inquiry for
have been presented for payment and been the purpose of avoiding notice. For the
dishonoured, the noting of a foreign bill first species of constructive notice see
being, like the notice of dishonour of an Biscoe v. Banbury (Earl) ( 1 Ch . Ca. 287);
inland bill, a necessary preliininary to and for the second species, Birch v. El
bringing an action upon it against the in lames (2 Anstr. 427) . And there is a third
dorsers and ( usually ) against the drawer. species of constructive notice arising from
See titles DISHONOUR, NOTICE OF ; the relation of the parties, as being that
FOREIGN BILL . of principal and agent, client and solicitor,
NOTE OF A FINE. The note of a fine and such like, where the transaction is
was an abstract of the writ of covenant either contemporaneous with , or shortly
to levy fine and of the concord, naming the subsequent to, another transaction commu
nicating notice ( Fuller v. Bennett, 2 Hare,
parties, the parcels of land, and the agree 394 ), the subject matter of the notice
ment.
See titles CONCORD ; FINE. having been a material part of the earlier
transaction ( Wyllie v. Pollen, 32 L. J. (Ch .)
NOTE, PROMISSORY : See title PROMIS N. S. 782).
SORY NOTE . Considering the subject of Notice in
NOTES OF JUDGE . Are available for its two branches,
And , Firstly, Notice as perfecting the
the Court of Appeal upon any appeal from assignment of choses in action. In order
the High Court, in an action in which the
evidence has been taken vicâ voce (Order that third parties may be bound it is neces
LVIII. , 12 ) ; but the litigants have no right sary, with regard to a chose in action, to give
to such notes, although the judge may as a notice to the person in whose hands it is, or
matter of courtesy supply them . when realising itself will be, such notice
being, in the case of a chose in action which
NOTICE. This is a head of equity of does notadmit of actual delivery, equivalent
great importance in the two principal re in its effect to the actual delivery of a chat
spects following, namely: -- tel in possession which admits of delivery
( 1.) As perfecting the assignment of ( Ryall v. Rowles, 1 Ves. 348 ). Therefore,
choses in action ; and ( a .) In order to take a chose in action out
(2.) As affecting or not affecting subse of the order and disposition of the creditor
quent interests . in case of his bankruptcy, it is necessary to
In regard to both these branches notice give notice to the debtor (Ryall v. Rowles,
may be either actual or constructive , with supra).
this difference, that actual notice is the (b.) In the case of a policy of assurance,
more common of the two in respect of the notice must be given to the insurance office
former branch, and constructive notice ( Thompson v. Tomkins, 2 Dr. & Sm. 8).
the more common in respect of the latter. (c. ) In the case of an assignment of
For, firstly, actual notice is any express freight, notice must be given to the char
intimation given by a person interested , terer ( Brouon v. Tanner, L. R. 2 Eq. 806).
or claiming to be interested , in the chose ( d .) In the case of an assignment of a
in action to the person having present con legacy, general or specific, the executors
trol over it, on purpose to bind him as to not having yet assented to it, notice to the
such control, and thereby to complete, as executors must be given ( Browne v. Savage,
far as possible, therights secondipercom
,
Pe. Inthecaseof an assignmentofthe
4 Dr. 635 )
( )
structive notice is notice implied or in costs of a suit not yet ordered to be paid,
ferred from the proof of surrounding cir notice should be given to the trustees or
cumstances, —an insecure form of notice, other the parties to whom they will be
which the person claiming a chose in action payable ( Day v. Day, 1 D. & J. 144 ).
should in no case rely upon. Notice has ( f.) In the case of an assignment of
been inferred from two states of circum shares in a company, notice must be given
stances in particular, viz. ( 1. ) Where actual to the company ( Ex parte Boulton , 1 D.
notice of some general charge has been & J. 163 ; and see generally the cases of
given, and if the fact had been inquired Dearle v. Hall, Loveridge v. Cooper, 3 Russ .
into , the person receiving such notice 1 , 30 ).
would have been naturally led on to notice If such notice has been given, as soon as
of other things, but he has neglected all in the assignee knows to whom the same is to
NOTICE-continued. NOTICE - continued .

be given , the assignee, if not otherwise in not merely the assistance of the Court of
default, will not lose the benefit of it Chancery towards establishing these rights
(Feltham v. Clark, 1 De G. & Sm. 307 ), at Law , Equity is bound and compellable
upon themaxim ,lex neminem cogit ad vana to declare and decree him his rights, how
seu inutilia peragenda. ever much to the prejudice of the pur
Where for any reason notice cannot be chaser for value ( Williams v. Lambe, 3 Bro.
given, then the assignee must perfect his C. C. 264 ; Collins v. Archer, 1 Russ . &
title in some other way ; e.g., where the My. 284). And as between persons who
sole trustee of stock has died without legal are successive equitable claimants, Equity
representatives_a distringas should be takes them according to their priorities of
served on the Bank of England ( Etty v. date, without regard to notice or the absence
Bridges, 1 Y. & C. Ch. 486 ) ; and where a of notice (Phillips v. Phillips, 31 L. J. ( Ch .)
fund is in Court, a stop order over it should 325), unless in the case of the gross negli
be left at the Paymaster General's Office gence of a prior claimant being the oc
(Greening v. Beckford ,5 Sim. 195 ; Chan- casion of the prejudice sustained by a
cery Funds Act, 1872 (35 & 36 Vict. c. 44), subsequent one (Rice v. Rice, 2 Dr. 73 ).
and rules thereunder ), a mere notice to On the other hand, a purchaser for value
the Paymaster -General being insufficient with notice of a prior equitable estate, or
( Warburton v. Hill, Kay, 470) ; but a interest, or even of an equity, cannot, by
notice to the trustees (if any) before pay- getting in the legal estate, whether at the
ment into Court would be good for the time of or subsequently to his purchase,
purpose of conferring priority as against and whether by fair means or fraudulent,
a stop order subsequently obtained ( Livesay obtain priority over such prior claim, but
v. Harding, 23 Beav. 141 ). the purchaser will in such a case be held a
Chattel interests in real estate, being trustee for the prior claimant to the extent
equitable, are not choses in action within of such prior claim (Birch v. Ellames,
the meaning of the rules above stated 2 Anst. 427 ). And notice will bind the
(Wiltshire v. Rabbits, 14 Sim . 76 ) ; and subsequent purchaser, even although the
being legal , the law will of course prevail prior charge is defective, or would even (as
without regard to the giving of notice. from neglect to register or re -register) be
But the proceeds of the sale of real estate void at Law ( Le Neve v. Le Neve, Amb.
are not a chattel interest in real estate 436 ) ; although conversely the absence of
within the above stated rules as to notice notice will save him, even although, semble,
( Lee v. Hovlett, 2 K. & J. 531 ). the prior charge be registered ( Morecock v.
And , Secondly, Notice as affecting or Dickens, Amb. 678 ), unless in Ireland
not affecting subsequent interests . A pur- (6 Anne, c. 2), or with reference to British
chaser for value without notice of a prior ships (Hughes v. Morris, 2 De G. M. & G.
equitable estate or interest, and, à fortiori, 319 ); the same rules apply to subsequent
of a mere equity, obtaining the legal mortgagees; but with reference to judg
estate either at the time of his purchase ment creditors the following peculiar rules
or subsequently thereto, and apparently, have been established :
whether by fuir means or by a fraud ( Cul. (a.) Judgment creditors, as between
pepper’s Case , Freem . 123 ; Pilcher v. themselves, take rank according to the order
Rawlins, L. R. 7 Ch. App. 259), is entitled to of the dates of their several registrations,
priority in Equity as well as at Law ; but without regard to the question of notice,
not in case of a breach of trust ( Saunders which as between them is immaterial ( Ben
v. Dehew , 2 Vern . 271 ; Mumford v. Stoh- ham v. Keane, 1 J. & H. 685 ; 3 & 4 Vict.
wasser, L. R. 18 Eq. 556 ). But the legal c. 82, s. 2).
estate, where it is obtained fraudulently, ( 6.) An unregistered judgment does not
must have been actually obtained , -i.e., affect a subsequent purchaser for value or
conveyed ( Eyre v. Burmester, 10 H. L. C. mortgagee, and here also without regard to
90) ; although, where it may be obtained the question of notice ( Benham v. Keane,
by fair means and without fraud, the right 1 J. H. 685 ; 18 & 19 Vict. c. 15, s. 5).
to a conveyance of it is sufficient (Wil- (c.) An unregistered judgment affects a
loughby v. Willoughby, 1 T. R. 763). And subsequent cestui que trust having notice of
even where a purchaser for value without it (Benham v . Keane, supra ).
notice neither has the legal estate nor the (d. ) A registered judgment which has
best right to call for it, Equity will do been also duly re -registered affects a subse
nothing to prejudice him upon the appli- quent purchaser for value or mortgagee
cation of an adverse party asking the aid having notice of it ( Simpson v. Morley, 2 K.
of Equity (auxiliary jurisdiction ) ( Burlace & J. 71 ; but see 27 & 28 Vict. c. 112) ;
v. Cook, Freem . 24 ); although , upon the but not a subsequent purchaser for value
application of an adverse party asking his or mortgagee not having notice of it ( Robin
legal rights ( concurrent jurisdiction), and son v. Woodward , 4 De G. & Sm . 562).
2 B 2
NOTICE — continued . NOTICE - continued .
(e.) A registered judgment which has pletely dispensed with the giving of notice
been otherwise duly perfected does not to secure priority as against the trustee in
affect a purchaser whose contract is prior bankruptcy. Prior to that Act, the fol
in date to the judgment, althoughthe con- lowing rules had been established as be
veyance should be subsequent (Brown v. tween a trustee in bankruptcy or general
Perrott, 4 Beav. 585), without reference to assignee on the one hand, and a particular
the question of notice. Assignee on the other :
( f.) A registered judgment which has (aa.) If the particular assignee were of
been otherwise duly perfected does not a date prior to the bankruptcy of the debtor,
affect a prior voluntary settlement ( Beavan and had also given notice prior thereto, he
v. Oxford (Earl), 6 De G. M. & G. 507) ; retained his priority, but failing such notice
and , à fortiori, does not affect a prior pur- lost it, in favour of the trustee in bank
chase for value or mortgage, without re- ruptcy or general assignee who gave notice,
ference to the question of notice. the
dule
particular assignment not being frau
And with reference to tacking the fol nt ;
lowing peculiar rules have been estab- (ub. ) If the particular assignee was of a
lished as between mortgagees and judg- date posterior to the bankruptcy of the
ment creditors : debtor, but had given notice of his assign
( a .) If one who is a judgment creditor ment before the trustee in bankruptcy or ge
to begin with buys in a first mortgage, he neral assignee had given notice of the bank
shall not tack the judgment to that mort- ruptcy or general assignment, the particu
gage so as to gain a priority over a second lar assignee (the particular assignment not
mortgagee who was such at the date of his being fraudulent) acquired priority over the
judgment , and without reference to the trustee in bankruptcy, or general assignee,
question of notice ( Brace v. Marlborough wbo had omitted to give such notice ( In
(Duchess), 2 P. Wms. 491 ). re Barr's Trusts, 4 K. & J. 219 ; In re Atkin
( 6.) If one who is a first legal mortgagee son , 2 De G. M. & G. 140) ; but by the Bank
to begin with buys in or obtains a judg- ruptcy Act, 1849, s. 141 , and the decision in
ment for a further sum, and had no notice Re Mary Coombe ( 1 Giff.91 ), he was deprived
of any subsequent charge at the time of of such priority over the trustee in bank
getting hold of such judgment, he shall ruptcy.
tack the judgment to his mortgage and And in all these cases, notice before
obtain priorit ver the subsequent charge actual payment of the purchase -money,
( Brace v. Marlborough ( Duchess), supra ). whether or not the notice be also before the
And with reference to the successive contract, and whether before or after the
assignees of choses in action the following conveyance is executed, is binding upon the
rules have been established : subsequent purchaser or mortgagee (Tour
(a.) As between two or more particular ville v . Naish , 3 P. Wms. 307); and even
assignees (being of course equitable),- where notice is not given until after pay
(aa. ) If both or all the notices are given ment of the purchase-money, provided the
before the chose in action has realised itself, conveyance has not yet been executed, the
so as to be ready to be delivered actually, purchaser or mortgagee is equally bound
in the form of money or other proceeds, (Wigg v . Wigg, 1 Atk . 382). Therefore
then priority of notice gives no priority of the only notice which the purchaser or
title ( Bullet v. Plunkett, 1 J. & H. 441). mortgagee may disregard is notice coming
But to him both after payment of the purchase
( ob .) If otherwise, the successive dates or mortgage money and after execution of
of the successive notices establish the suc- the conveyance .
cessive priorities, or the one priority, as But a subsequent purchaser or mort
the case may be, this being the general gagee of lands with notice of a prior volun
effect of notice in such cases . tary settlement may safely disregard it,
(6.) As between the trustee in bank- such settlement being void against him
ruptcy or a general assignee on the one under the 27 Eliz. c. 4 ( Doe v . Manning,
hand, and a particular assignee on the 9 East, 59) ; and the purchaser may even
other,-By the Bankruptcy Act, 1869 (32 & compel a specific performance of the con
33 Vict. c. 71 ), s. 15, it is provided that tract ( Daking v. Whimper, 26 Beav. 568).
things in action ( other than debts due to The benefit of the stat. 27 Eliz, c . 4, does
the bankrupt in the course of his trade or not, however, extend to one who purchases
business) shall not be deemed goods and or takes a mortgage of lands from the heir
chattels within the meaning of the order at-law or devisee of the voluntary settlor,
and disposition clause ( In re Irving, Ex or from a person claiming under a subse
parte Brett, 7 Ch . Div. 419 ; In re Buin- quent voluntary settlement, or indeed from
bridge, Ex parte Fletcher, 8 Ch. Div. 218) ; any person other than the voluntary settlor
and this provision appears to have com- bimself ( Doe v. Rusham , 17 Q. B. 723 ;
373
NOTICE — continued . NOTICE OF OBJEOTIONS TO PATENT
Lewis v. Rees, 3 K. & J. 132 ; Richards v. continued .
Lewis, 11 C. B. 1035).
and, like it, is rendered necessary on
NOTICE OF ACTION . When it is in account of the generality of the defendant's
tended to sue certain particular individuals pleas.See title PATENTS.
it is sometimes, as in the case of actions
against justices of the peace , constables, NOTICE TO PRODUCE . In general
and officers acting under the Highway notice to produce any documentin the
Acts and Public Health Acts, necessary to possession or power of the opposite party
give them notice of the action some time, is required ; and such notice must be given
usually one month , before . in order to the admission of secondary
evidence of the contents the document
NOTICE TO ADMIT. Regarding the ( Reg. v . Elworthy ,L. R.1 C.ofC. R. 105). But
admission of documents in actions and where, from the nature of the proceedings,
other legal proceedings, either party may as in the case of trover for a bond , the
give to the other a notice to admit ( saving party in possession of the document neces
all just exceptions) the documents specified sarily has notice that he is to be charged
in the notice ; and the admitting party with the possession of it, a notice to pro
usually admits these documents by signing duce is unnecessary ( How v. Hall, 14 East,
an admission at the foot of the notice ;' 274 ). Also, a counterpart executed by the
and an affidavit by the solicitor or his defendant may be read by the plaintiff
clerk of the due signature of the admis- without a notice to produce the original
sions is sufficient evidence thereof (Order ( Burleigh v. Stibbs, 5 T.R. 465) ; and in an
XXXII ., 4). action for seamen's wages, secondary evi
See title DISCOVERY.
dence of the ship's articles is admissible
NOTICE TO INSPECT DOCUMENTS : under 17 & 18 Vict. c. 104, s. 164, without
See title DISCOVERY, sub - title INSPECTION Gener
any allyto, howev
notice produce
er,them . to produce
a notice
OF DOCUMENTS.
any notice on which the action is founded
NOTICE IN LIEU OF SERVICE . In lieu is unnecessary ; but it is usual in business
of personally serving a writ of summons to have two copies of the notice to produce,
(orother legal process )the Court occasion and to serve one and retain the other,
ally allows the plaintiff (or other party) indorsing on the latter the time and mode
to give notice in lieu of service, such notice of the service of the former . And by the
being such as will in all probability reach C. L. P. Act, 1852, s. 119, where there
the party (Orders ix . and x.). This notice has been a notice to admit the notice to
is peculiarly appropriate in the case of a produce , an affidavit of the attorney or his
foreigner out of the jurisdiction, whom it clerk of the service of the notice to produce
is desired to serve with a writ of summons and of the time when served , with a copy
( 10 Ch. Div. 550). of it annexed, is sufficient evidence of the
service of the original and of the time of
NOTICE OF OBJECTIONS TO PATENT. service .
By the 5 & 6 Will. 4, c . 83, s. 5, it is pro- NOTICE TO QUIT . As between land
vided , that in any action brought against lords and tenants, where there is no express
any person for infringing any letters patent, stipulation as to the length of notice to
the defendant on pleading thereto shall quit the tenements occupied by thetenant,
give to the plaintiff, and in any scire facias it is a general presumption of law that in
to repeal such letters patent the plaintiff the case of tenancies from year to year a
shall file with his declaration, a notice of half -year's notice must be given, such notice
any objections on which he means to rely to expire at the end of the current year
at the trial of such action , and no objection of the tenancy ( Bridges v. Potts, 17 Č. B.
shall be allowed to be made on behalf of ( N.S.) 332 ; but under the Agricultural
such defendant or plaintiff respectively at Holdings Act, 1875 (38 & 39 Vict. c. 92),
such trial, unless be prove the objections s. 51 , wherever that Act applies, the notice
stated in such notice. The object of this is now a twelvemonth's notice where for
notice, or particular of objections, as it is merly it was a balf -year's notice. And in
sometimes called, is to point out to the the case of quarterly , monthly, and weekly
plaintiff the real nature of the objections tenancies, the safest course is to give a
to the patent which the defenılant intends notice corresponding to the tenancy, but
to set up upon the trialas an answer to the there hardly any rule of law upon the
plaintift's action , in order that the plaintiff subject. The like rules apply as to the
may be prepared with the necessary evi- tenant giving notice to determine his
dence to meet such objections. It is some- tenancy, which also is sometimes abusively
what analogous to a particular of set-off, called a notice to quit . The landlord's
NOTICE TO QUIT — continued . NOVATION - continued .

notice may be afterwards waived , e.g., by creditor should have the benefit of both
his subsequently distraining for rent. securities. But this is not the rule of the
NOTICE, THIRD PARTY : See title English Law .
THIRD PARTY NOTICE. NOVEL DISSEISIN : See title ASSIZE OF
Under the Lands NOVEL DISSEISIN .
NOTICE TO TREAT.
Clauses Act, 1845, when a public company NOVELTY, WANT OF. In an action for
for the purposes of its undertaking requires the infringement of an alleged patent, a
lands, it gives to all the parties interested very common defence is that the alleged
in such lands a notice to treat for the patent is void for want of novelty. The
purchase thereof by the company ; such want of novelty is a fatal defect, under the
notice cannot, in the general case, be after statute 21 Jac . 1 , c. 3, and usually invali
wards withdrawn ; and the effect of it is, dates the entire patent, although other
to constitute an inchoate contract between parts of the invention are new. See John
the company and the proprietors interested, son's Patentee's Manual .
the purchase -money to be afterwards ascer NOXA CAPUT SEQUITUR. Where a
tained or agreed according to the mode slave did any damago, his master became
provided by the Act. liable therefor in a noxal action to the
See title Lands CLAUSES CONSOLI
DATION ACT, 1845. injured ; and this liability attached to
the master for the time being, i.e. , followed
NOTICE OF TRIAL : See title TRIAL, the principal (caput). The master might
NOTICE OF. deliver up the slave as a noxa, and so dis
NOTORIOUS, MATTERS DEEMED . charge himself of liability.
Like matters noticed by the Courts, or of NOXALIS ACTIO : See title Noxa CAPUT
which the Courts are said to take judicial SEQUITUR .
notice, need not be proved. But the law of NUDUM PACTUM. An agreement to do
England is slow to admit anything without or pay anything on one side, without any
proof, merely because it is deemed no
torious. consideration or compensation therefor on
the other, is called a nude pact or naked
NOVATION . The acceptance of a new agreement ( nudum pactum ), and when not
debt or obligation in satisfaction of a prior under seal is totally void in law, and a man
existing one . Thus, it is said that a surety cannot be compelled to perform it upon the
is discharged by the novation of the debt; maxim , “ Ex nudo pacto non oritur actio.”
for he can no longer be bound for the first Pacts performed a great part in Roman Law,
debt, for which he was surety, since it no and it was a rule of that law that a nudum
longer subsists, having been extinguished pactum , although not sufficient (in general)
by the novation ; neither can he be bound to support an action , was always sufficient 1
for the new debt into which the first has to furnish an exception , i.e., plea or de
been converted, since this new debt was fence.
not the debt to which he acceded. See titles MORAL OBLIGATION ; Pacts.
A novation may arise in either of two
ways NUISANCE ( from the Fr. nuire, to hurt).
(1.) As in the case ofa renewal will, where Any thing which unlawfully annoys or
the person of the debtor remains the same, does damage to another is a nuisance. A
but the amount or terms are increased or nuisance is either public or private. A
altered ;
public or common nuisance is such as
( 2.) As in the case of an amalgamation affects or interferes with the king's subjects
of companies, where the person of the in general; a private nuisance is such as
debtor is altered, but the other terms of only affects or interferes with an individual
the contract remain the same, the new in his individual capacity. A private
company which is substituted for the old nuisance may be remedied by action (Hill
one taking over all the liabilties (together v . Metropolitan [ IIampstead ] Smallpox
with the rights ) of the latter. Hospital, 4 Q. B. Div. 433 ), or in some in
It is essential to every noratio that the stances by abatement; a public nuisance
creditor should have assented thereto. producing private damage by action, or
Justinian (in his Institutes iii. 29 (30), (making the Attorney -General a party) by
Quibus Modis Obligatio Tollitur, s. 3) enact information in Chancery or by indictment
at Common Law.
ed, that, unless the parties expressly stated See title INJUNCTION .
in the writing that their intention was
to make a novatio, the new obligation, NUL TIEL RECORD. A plea pleaded in
although substituted for, should not put that form of trial which is called trial by
an end to, the old obligation, but the the record . This form of trial is only used
375
NUL TIEL RECORD - continued .
NUNC PRO TUNC - continued.
in one particular instance, and that is where was given where the neglect to enter up
a matter of record is pleaded in any action, judgment was attributable to the laches of
as a tine, a judgment, or the like, and the the plaintiff or of those representing him ,
opposite party pleads “ nul tiel record ,” or by reason of any proceeling in error, or
i.e., that there is no such matter of record the like . The power of the Court to order
existing ; whereupon issue is joined, which or permit a thing to be done nunc pro tunc ,
is called an issue of nul tiel recoril, and whether filing an affidavit or entering a
in such cases the Court awards a trial by jnugment or order, seems to be inherent in
inspection and examination of the record theCourt even by the Common Law, with
( Stephen on Pleading, 112 ). out the aid of any statute.
NULLITY OF MARRIAGE. The decree JUD
for this , like the decree for divorce, is in the NUN titleATI
SeeCUP VE NT, ENT
GMEWIL OF. a will
L. RYWas
first instance a decree nisi only, to be or not which depended merely upon oral evidence,
afterwards made absolute in the usual way. having been declared or dictated by the
See title DIVORCE.
NULLUM TEMPUS ACT : See title next testaicie
suff tor ntprev
numious to witn
ber of deats,h,and
his esse befoafte
re ar
following
wards reduced into writing. All wills,
NULLUM TEMPUS OCCURRIT REGI. Liowever, must now be reduced into writing
Literally means, that no time bars the at the time they are made (1 Vict . c. 26,
Crown of its rights to property. But this s. 1 ). In the interval between the Statute
Common Law maxim has had its operation of Frauds (29 Car. 2, c. 3) and the New
restricted by the Nullum Tempus Act Wills Act ( 1 Vict . c. 26) nuncupative wills
(9 Geo, 3, c. 16 ), whereby sixty years are were good for estates not exceeding £ 30 in
made a bar to the Crown. A like limit was all, where the will was pronounced before
fixed by 7 & 8 Vict. c. 106, for the Prince three witnesses and was reduced into writ
of Wales as Duke of Cornwall regarding ing within six days after it was made,
his duchy lands ; and the last- inentioned or was proved within six months of the
statute was amended by the stat. 24 & 25 making ; but before the Statute of Frauds
Vict. c. 62 . they were valid without limit as to estate ,
NUN : See title MONK . just as they always were in Roman Law if
made in the presence of seven witnesses
NUNC PRO TUNC. When a party las (Just. ii. 10, 14).
omitted to take some step which he ought NUNQUAM IND EBITATUS. Literally,
to have taken , as to file an affidavit, for never indebted .”
60
This is a common de
instance , the Court will sometimes permit fence to an action of debt on simple con
him to do it after the proper time has tract.
passed by for that purpose, and will allow
it to have the same effect as if it had been NUPER OBIIT, WRIT OF . A writ that
regularly done ; and this in the case of lay for a co- heir who had been deforced by
the affidavit is called filing it nunc pro his or her co - parcener of lands or tene
tunc ; or in the case of entering up judy . ments, of which their grandfather, father,
ment, is called entering it nunc pro tunc ; brother, or other common ancestor had
i.e., doing it " now_for ( i.e., instead of ) lately died seised in fee simple (F. N. B.
then.” By r. 56, H. T. 1853, all judgments, 197 ; Cowel).
whether interlocutory or final, were to be NUPER VICECOMITEM . Literally the
entered of record of the day of the month late sheriff. A writ of execution called by
and year, whether in term or vacation, this name issues where goods have been
when signed , and were not to have relation taken by a late (nuper) sheriff ( vicecomes )
to any other day ; but it was competent to on a fi. fa ., and he has returned that some
the Court or a judge to order a judgment remain on his hands for want of buyers ;
to be entered nunc pro tunc. Under that and the new sheriff is by this auxiliary writ
rule, a judgment was frequently allowed to directed to compel the late sheriff to sell
be entered nunc pro tunc, where the signing the goods at all costs and hazards.
of it had been delayed by the act of the
Court, and usually in the case of the death NUPTIAS NON CONCUBITUS SED CON
of a party, e.g., if a party died after special SENSUS FACIT : See title CONSENSUS NON
verdict, or after a special case had been CONCUBITUS.
stated for the opinionof the Court, or after NURTURE, GUARDIANS FOR . Are
a motion in arrest of judgment , or for a new the father or mother until infants attain
trial , or after a demurrer set down for argu . the age of fourteen years ; and in default of
ment and pending the time taken for
argu
ment, or whilst the Court was consider ing fath
timeer or moth
s usua lly assi the ordi
er, gned discinreetform
somenary perer
of its judgment ; but no such indulgence son to take care of the infant's personal
NURTURE, GUARDIANS FOR — contd . OBLIGATION - continued .
estate, and to provide for its maintenance fect (i.e. , naturales, or moral) according to
and education. But this duty is now the same laws. And as a general rule,
discharged by the High Court, Chancery all systems of law ( other than the English
Division, which appoints a guardian for Law) allow to such latter varieties of obli
that purpose . gation a partial legal efficacy, e.g., making
See titles GUARDIANS; INFANTS. them good by way of defence to an action
at any rate. For the effects which the
Roman Law allowed them, see Brown's
Savigny, title Naturalis Obligatio .
0. See titles CONTRACTUS ; DELICTO,
ACTIONS EX.
OATHS. Have been very generally in
use as a security that a witness will speak OBLIGATION SOLIDAIRE . This, in
the truth ; but in recent times, in the case French Law , denotes joint and several
of persons holding conscientious views of liability in English Law, but is applied
the impropriety of oaths, a solemın promise also to the joint and several rights of the
or declaration that they will speak the creditors parties to the obligation.
truth , and the whole truth, has been sub See titles JOINT LIABILITY ; JOINT
stituted for them (33 & 34 Vict. c. 49). OWNERSHIP .
Since the case of Omychund v. Barker OBSCENE PRINTS, &o. : See title PUBLIC
( 1 Atk. 21 ) it has been usual in England MORALS.
to swear each witness according to the
forms of his own religion, the English form OBSTRUCTION. Is the word properly
being upon the Holy Gospels. Before an descriptive of an injury to any one's incor
oath can be administered, it must be shewn poreal hereditament, e.g., his right to an
(if any doubt of the fact should exist), that easement, or profit à prendre ; an alterna
the witness is aware of the sanctity of the tive word being disturbance. On the other
oath, or generally that God will punish hand, infringement is the word properly
falsehood . Oaths have, however, been the descriptive of an injury to any one's patent
subject of considerable abuse in law, par rights or to his copyright. But obstruction
ticularly the so-called Decisory Oath, which is also a very general word in law, being 1
in the absence of other evidence to the applicable also to every hindrance of a

contrary, was permitted to settle the ques man in the discharge of his duty (whether
tion in dispute ; also, the so -called Sup official, public, or private ).
pletory Oath, which was administered by OCCUPANCY is defined to be the
the judge, and was allowed to have a “ taking possession of those things which
similar effect ( Longworth v. Yelverton, before belonged to nobody ; " hence the
L. R. 1 Sc. App. 218 ). title which a person so acquires in things
See title DECLARATIONS, STATUTORY. is called title by occupancy. Occupancy
OATHS, VOLUNTARY : See title VOLUN (as the word is used in English Law ) is
TARY OATHS. frequently divided into general and special
occupancy. General occupancy occurred
OBLIGATION . An obligation or bond where a person was tenant pur autre vie,
is a deed wbereby a person obliges himself, and died during the life of the cestui que
his heirs, executors, and administrators, to vie, in which case the person who first
pay a certain sum of money to another at entered on the land after his death might
an appointed day ; and he who so obliges lawfully retain possession thereof, as long
himself, or enters into such a bond , is as the cestui que vie lived hy rigbt of occn
termed the obligor, and the party to whom pancy, because it belonged to nobody,
he so obliges or binds himself,is termed Special occupancy occurred where an
the obligee. estate was limited to a man and his heirs,
Such is the use of the term " obligation or the heirs of his body, during the life of
in English Law ; but the word is com another person , by which the heir or heirs
monly used in a much more general sense of the body of such grantee might enter on
in jurisprudence as denoting any liability the death of the ancestor,and hold posses
incurred by one person to another in virtue sion as special occupant,having an exclu
either of an agreement of the parties or sive right, by the terms of the original con
their disagreement; and an obligation is tract, to occupy the lands during the residue
said to arise either ex contractu or quasi so, of the estate granted. General occupancy,
or ex delicto or quasi so . in the sense before described,was abolished
Again, obligations are of many varie by the Statute of Frauds, and the remnant
ties,-being either first perfect (i.e., ac of the estate was made distributable among
tionable, civiles) according to the laws of the creditors (if any ), and the surplus
the particular country, or secondly, imper remaining over was (after 14 Geo. 2, c.20)
OCCUPANCY - continued. OFFENCE . Offences are either capital

to be distributed among the next of kin of or not capital ; capital offences are such as
the deceased grantee. The whole law is draw down the punishment of death on the
now regulated by the 1 Vict. c. 26, which offender, such as high treason, felony, & c.
re- enacts the provisions of both the two Offences not capital are those of a less
previous statutes as regards occupancy ; grave character, and which are generally
and under the statute 6 Anne, c. 18, the termed misdemeanors.
tenant occupying pur autre vie may be OFFER. An offer is usually the first
ordered at the instance of the remainder step towards an agreement or contract;
man or reversioner to produce the body of and when such offer is accepted, the agree
the cestui que vie. ment or contract as such is complete. Any
See title ESTATE PUR AUTRE VIE . variation between the terms of the accept
Occupancy, in a larger sense, has played ance and of the offer is however fatal to the
a great part in international law and in acceptance, creating a want of that assensus
jurisprudence. In international law, it is ad idem which is one of the essential re
regarded as the title to the ownership of quisites to every contract. An offer may
newly -discovered countries, and also (under always be withdrawn before acceptance
the particular name of hostile capture) as (Dickinson v. Dodds, 2 Ch. Div. 463) ; and
the title to the ownership of newly - con occasionally a time is fixed within which
quered countries. In jurisprudence, it is the offer is to be accepted, if at all; and in
put forward, at least very commonly, as all cases the acceptance must be made
the foundation and origin of all property, within a reasonable time. When an offer
whether in lands or in goods; but an ob is made by letter it continues open until
jection is taken to it as such in Maine's the arrival of the letter ; and when in such
Ancient Law , upon the ground that occu a case, the acceptance is by letter, the con
pancy, in order to be a foundation of pro tract is complete on the posting of the
perty, is an advised taking possession of a letter of acceptance ( Adams V. Lindsell,
thing, and the notion of advisedness is too 1 B. & Ald. 681 ) ; and it does not matter
abstract for an earlyage. Probably,this whether the letter of acceptance (being
objection refutes itself ; and, after all, to sufficiently addressed ) arrives late or does
quote the words of Savigny, property has not arrive at all ( Dunlop v. Higgins, 1 H.
had its origin in " adverse possession L. C. 381 ). An offer may be withdrawn
ripened by prescription ." within the time allowed for its acceptance,
provided it is withdrawn before acceptance
OCCUPANT : See title OCCUPANCY . ( Cooke v. Oxley, 3 T. R. 653 ). An offer is
OCCUPATIO : See title OCCUPANCY. revoked by the death of the personmaking
it; and an offer being once refused cannot
OCCUPATION, USE AND : See title USE afterwards be accepted, but a renewed
AND OCCUPATION. offer may be made (Honeyman v. Marryat,
OCCUPIER OR OWNER . For certain 21 Beav. 14). An offer as such cannot,
purposes , the occupier of lands is to be semble , be assigned ; but the offer when
accepted ( i.e., the contract or agreement
deemed the owner thereof, e.g., in the case completed by such acceptance ) may be
of lands taken under the Lands Clauses assigned .
Consolidation Act, 1845, where any ques See title CONTRACTS.
tion of title arises after payment or deposit
of the purchase-money (8. 79 ; Re Evans, OFFICE . An office is defined to be the
42 L. J. Ch. 357). And in general the right to exercise a public or private em
incidence of all rates is by the express ployment, and to take the fees and emolu
provision of the Rating Acts (e.g. , 43 Eliz. ments belonging thereto ; and it is fre
c . 2, 8. 1 ), upon the occupier, with or quently considered in law a species of
without a remedy over for the whole or incorporeal hereditament.
some portion thereof against the owner ; OFFICE COPIES. Are copies of affida
but this remedy over is in general con vits, & c., made in the public office having
tracted away, excepting as regards income the custody thereof, and stamped with the
or property tax. seal of such office. Such copies are by the
ODIO ET ATIÂ, WRIT OF. An old writ practice of the Courts receivable in evi
which was directed to the sheriff to inquire dence ; and in certain cases, they are by
whether a man committed to prison on statute made as good evidence as the ori
suspicion of murder was committed on just ginal documents, e g., office copy of bargain
cause of suspicion, or only out of malice. and sale enrolled , by statute 10 Anne,
c. 18, s . 3.
And if upon an inquisition it were found See title ORIGINAL EVIDENCE.
that he was committed of malice, then
another writ was directed to the sheriff to OFFICE FOUND : See title INQUISITION
bail him ( Les Termes de la Ley). OF OFFICE.
OFFICE, INQUEST OF . An inquisition OFFICIO, OATH EX . An oath formerly
or inquest of office is an inquiry made by administered to persons by which they
the king's officer, his sheriff, coroner, or were compelled to confess, accuse, or purge
escheator, by virtue of his office ( virtute themselves of certain criminal or quasi
officii ), or by a writ sent to him for that criminal (i.e., heretical) charges. This
purpose, or by commissioners specially ap- oath was made use of in the Spiritual
pointed, concerning any matter that en- Courts even in matters of civil right. It
titles the king to the possession of lands was abolished with the High Commission
or tenements, goods, or chattels, &c. This Court by stat. 16 Car. 1 , c. 11 .
inquiry is made by a jury formed of an in- See title High COMMISSION.
definite number of persons .
OLD STYLE : See title YEAR .
See titles INQUEST ; INQUISITION OF
OFFICE. OLERON, LAWS OF. The laws reputed
to have been made by Richard I., when at
OFFICERS OF JUSTICE . Is a general Oleron, relating to maritime affairs ( Les
name applicable to all degrees of persons Termes de la Ley : Co. Litt. 260 ).
concerned in the administration of the law, OMNE MAJUS CONTINET IN SE
but it is commonly confined to the lower MINUS. “ The greater includes the less,"
degrees of such persons, and almost ex a maxim of law as of ordinary life, and the
clusively
cesses to those
of the e.g.,execute
Courts,who writs of the
fi. fapro
.,of application of which only very exceptional
circumstances can exclude.
attachment, of sequestration, and the like. PRÆSUMUNTUR CONTRA
OMNIA
OFFICIAL PRINCIPAL. This was the SPOLIATOREM . A maxim available in
name given to a judicial officer of high the estimate of damages, and also in
ecclesiastical authority in the province of judging of the evidence adduceable in sup
Canterbury, and who was appointed by and port of or in opposition to a demand . The
under the authority of the archbishop. He effect of the maxim is to assess the
had extraordinary jurisdiction in almost damages at the highest, and to read the
all ecclesiastical causes, and all appeals evidence (or want thereof ) most strongly
from bishops and their surrogates were against the destroyer (spoliator).
directed to him . His ordinary jurisdiction OMNIA PRESUMUNTUR RITE ESSE
extended throughout the whole province of ACTA. Literally, all acts are presumed to
:
Canterbury ; buthis citation, except upon have been rightly observed ; meaning by
appeal, or by letters of request, was con acts the preliminaries to a fuller act which
fined to his own diocese. T'his office was
at one time separate from that of the Dean is proved to have been legally completed .
of the Arches Courtof Canterbury ; but as The presumption applies in favour of
the two Courts met at the same place titles to properties and to all other written
documents.
( formerly Bow Church, de Arcubus), and
the Dean of the Arches frequently per OMNIS RATIHABITIO RETROTRAHI
formed the duties of the official principal , TUR. Literally, every ratification of an
in the course of time they became, and act relates back, and thereupon becomes
ever afterwards remained, completely united equivalent to a previous request to do the
and identified . The Court of the Official act (et mandato prioriæquiparatur).
Principal was therefore called the Arches See titles CONTRACTS ; RATIFICATION .
Court of Canterbury, and was of very ONCE A MORTGAGE ALWAYS A
ancient origin , having subsisted before tho MORTGAGE. This phrase means that an
time of Henry II. It was held in the hall indenture which is intended in the first
belonging to the College of Civilians, or instance to operate as a deed of mortgage
Doctors of the Civil Law, at Doctors'
Commons. The duties of the Official Prin only, and not as a purchase deed, cannot
by any clause or agreement therein be
cipal or Dean of Arches were latterly dis made to operate as a purchase or otherwise
charged until recently by the Judge of the than as a mortgage upon any specified
Court for Ecclesiastical Causes, an office event.
which was combined with that of the Judge See title MODUA ET CONVENTIO Vin
of the High Court of Adnjiralty ; but CUNT LEGEM .
under the Public Worship Regulation Act, This means the
1874 (37 & 38 Vict. c. 85 ), a special Judge ONUS PROBANDI.
has been appointed for this portion of the Burden of Proof. It is a general rule that
ecclesiastical jurisdiction. he who asserts a fact is bound to prove it ;
See titles ARCHBISHOP ; ARCHES, COURT and it is not ordinarily required of any one
OF ; COURTS, ECCLESIASTICAL . to prove a negative, ei qui dicit non qui
negat incumbit probatio . But what is at
OFFICIAL REFEREE : See title RE- first sight a negative may be in reality an
FEREES. affirmative assertion, and in respect of it
ONUS PROBANDI-continued. OPENING A RULE-continued.
the onus probandi would rest on the person made absolute, to its conditional state, as a
asserting it (Williams v. E. I. Co. , 3 East, rule nisi, so as to re-admit of cause being
193 ), unless the matter was peculiarly sbewn against the rule . Thus, when a
within the knowledge of the other party, rule to shew cause has been made absolute
e.g., killing game without being duly under a mistaken impression that no
qualified ( Spieres v . Parker, 1 T. R. 144), counsel had been instructed to shew cause
or selling beer without a licence (R. v. against it, it is usual for the party at
Harrison , Paley, Conv. 45, n .). whose instance the rule was obtained to
The onus probandi may be shifted by consent to have the rule opened, by which
some presumption of law , e.g., by the pre- all the proceedings subsequent to the day
sumption of innocence (Williams v. È. I. when cause ought to have been shewn
Co., supra ); or of legitimacy (Banbury against it are in effect nullified , and the
Peerage Case, 2 Selw. N. P. 709) ; or of rule is then argued in the ordinary way.
value in the case of an acceptance to a OPERATIVE WORDS. In a deed or
bill ( Mills v . Barber, 1 M. & W. 425) ; or other instrument, are those words which
of sanity ( Sutton v. Sadler, 26 L. J. ( C.P.)
281) ; however, in numerous cases of a express (and purport to give) the effect,
criminal nature, the Legislature has ex i.e., operation, of the deed or instrument,
pressly enacted that the burden of proving e.g. , doth hereby grant and convey. The
operative words are distinguished from
authority, consent, lawful excuse, and the the recitals, premises, covenants, condi
like, shall lie on the defendant, e.g., in the tions, and such like .
ease of a person being found by night with
implements of housebreaking (24 & 25 OPINION EVIDENCE : See title Ex
Vict. c. 96, s. 58). PERTS, EVIDENCE OF,
A test frequently, but not always, avail- OPTIMUS LEGUM INTERPRES CON
able for determining upon whom the SUETUDO. Literally, custom is the best
burden of proof rests, is , -to ask which interpreter of laws, wherefore a uniform
party would succeed if no evidence were and invariable interpretation of any par
given on either side, and then the onus ticular statute, extending over centuries,
probandi will rest upon the other party is not to be destroyed or impugned upon
( Mills v . Barber, 1 M. & W. 427). For any grounds of argument whatsoever, not
example, in an action for not executing a withstanding the interpretation does not
contract in a workmanlike manner, the commend itself as the right one ( Morgan
onus rests on the plaintiff ( Amos y. Hughes, v. Crawshay, L. R. 5 H. L. C. 304 ).
1 M. & Rob. 461). Wherefore, usually, See title CONTEMPORANEA EXPOSITIO ,
the party on whom the onus probandi lies, &c.
as developed on the pleadings, must begin ; OPTION . The archbishop has a cus
and the right to begin is conversely a test tomary prerogative when a bishop is con
of the party on whom the onus probandi secrated by him , to name a clerk or chap
rests ; but there are exceptions to this lain of his own to be provided for by the
general rule (Mercer v. Whall, 5 Q. B. 447). bishop, in lieu of which it is now usual
OPENING A COMMISSION . Entering for the bishop to make over by deed to the
upon the duties under a commission, or archbishop, his executors, and assigns,
commencing to act under a commission, is the next presentation of such dignity or
benefice in the bishop's disposal within
so termed . Thus the judges of assize and
nisi prius derive their authority to act that see, as the archbishop himself shall
under or by virtue of commissions directed choose , which is, therefore, called his option
to them for that purpose ; and, when they (Cowel).
commence acting under the powers so com OPTION TO PURCHASE . A lease of
Initted to them, they are said to open the lands or houses not unfrequently creates
commissions, and the day on which they in the lessee a rigbt (to be exercised at his
so commence their proceedings is thence option ) to purchase the premises in lease
termed the commission day of the assizes. at any time during the currency of the
lease at the price therein specified upon
OPENING PLEADINGS. In trials, it giving to the lessor the notice in that
is the practice for the plaintiff's counsel to bebalf therein specified. Such an option
state briefly the substance and effect of
passes upon the due notice being given
the pleadings in the cause, in order that into a complete contract of purchase, and
the jury may know what are the issues may be specifically enforced (Crawford v.
about to be tried , and this is termed Toogood , 13 Ch . D. 153).
“ opening the pleadings." OPTIONIS LEGATUM : See title LEGA
OPENING A RULE. The act of re TUM OPTIONIS .
storing or rocalling a rule, which has been ORATOR . The plaintiff in a cause or
ORATOR — continued .
ORDE OF DISCHARGE conti
nued
matter in Chancery, when addressing or less thanR 108. in the pound, his credit. ors
petitioning the Court, used to style himself
66
pass a "special resolution to give him his
orator," and when a female , " oratrix .” discharge upon the ground of special cir
But the phrase has long gone into disuse, cumstances. An undischarged bankrupt
and the customary phrases are now plain- enjoys a respite of three years after the
tiff and petitioner.
close of his bankruptcy, but may afterwards
ORCINUS LIBERTUS . A freedman , have execution issued against him for the
who obtained his liberty by the direct unpaid proportion DISPOS
of hisdebts.
operation of the will or testament of his ORDER AND ITION . Where
deceased master, was so called , -being the goods are left in the order and disposition
freedman of the deceased ( orcinus), not of of a trader, that is to say, within his pos
the Hæres.
ORDEAL . The most ancient species session or power to deal with them , and
they so left by the consent of the
of trial was that by ordeal , which was ownerare
, and the trader becomes bankrtrueupt
distinguished by the appellation of judi while having such goods in his order and
cium Dei, and sometimes bythat of vulgaris disposition, the goods vest in the trustee in
purgatio, to distinguish it from the canon- bankruptcy of the trader, as a sort of
ical purgation, which was by the oath of penalty upon the true owner, and become
the party. It was of two kinds : fire ordeal available for payment of the debts of the
and water ordeal ; the former being con- trader in the bankruptcy.
fined to persons of rank, the latter being See title REPUTED OWNER ,
open to the common people. Fire ordeal
was performed either by taking up in the of ORDE RS OFofTHE
the House CommDAY
ons. who memb
Anywishe s er
to
hand a piece of red -hot iron of one, two, or
three pounds' weight, or else by walking propose any question , or to “ move the
barefoot and blindfold over nine red -hot House, " as it is termed , must, in order to
plough -shares laid lengthwise, at unequal the House
give the
state noticeofofhis
duenature
form or intentioon
his motion n,
distances, and if the party escaped unhurt
he was adjudged innocent, if otherwise, he a previous day,and have it entered in a
was condemned as guilty. Water ordeal book
motionsentitl the d ,order
so edentere book e; arran
the Hous and ges
the,
was performed either by plunging the bare shall be considered on particular days, and
arm up to the elbow in boiling water, or such motions or matters, when the day
by casting the suspected person into a arrives for their beingconsidere are then
river or pond of cold water ; and if in the termed the “ orders of the dayd,” ( May on
former instance his arm was unburnt, or if Parl .).
in the latter instance he floated without
any effort to swim, it was deemed evidence ORDERS AND RULES. When any
of his innocence ; if otherwise, of his statute of very wide operation is enacted,
guilt. The ordeal was abolished in the it has become usual in modern times to
reign of Henry III., when the more ra enact also various more or less elaborate
tional process of trying the guilt or inno orders and rules for working out its pro
cence of an accused person by means of visions, e.g., the Judicature Acts, 1873-75,
evidence laid before the jury was substi the Bankruptcy Act, 1869.
tuted for it.
See title JURY, TRIAL BY, HISTORY OF, ORDINANCE OF PARLIAMENT. Sir
Edward Coke says that an Ordinance of
ORDER . As opposed to judgment or Parliament is to be distinguished from an
decree, denotes usually something of an Act of Parliament, inasmuch as the latter
interlocutory character, upon which only can be only made by the king and a three
certain Jimited modes of execution may fold consent of the State , whereas the
issue, e.g., attachment, for disobedience to former may be ordained by one or two of
the order. But many judgments and de them . At the time that the right of the
crees ( especially in the Chancery Division Commons to participate in legislationwas
of the High Court) contain also orders, as yet only in growth a distinction was taken,
well as declarations, as portions thereof. for the first time, in the reign of Ed
See title INTERLOCUTORY. ward III. between ordinances and statutes,
ORDER OF DISCHARGE. Under the for aforme
the timer being experas
only, and, iment
it al
were, onpasse
Acts triald,
Bankruptcy Act, 1869, a bankrupt who and which might afterwards be, and often
pays up 108. in the pound is entitled to were , converted into statutes, i.e., perma
be discharged from his bankruptcy ; and nent Acts, or else might be continued for
the Court makes an order of discharge in a time, or discharged altogether. The
that case . The Court makes the like order “ Ordinances of the Staple ,” passed by
where, in the case of a bankrupt paying Edward III. in council in 1354, prohibiting
ORDINANCE OF PARLIAMENT - con- ORIGINAL WRIT — continued .

tinued . of summons being the process prescribed
under penalty of death the export of by the Uniformity of Process Act for com
English wool from England, are an ex mencing personal actions; and under the
ample, and were confirmed in the then next Judicature Act, 1873, all suits, even in the
session of Parliament. Court of Chancery, are commenced by such
writs of summons.
ORDINANCES OF THE STAPLE : See
title ORDINANCE OF PARLIAMENT,
See titles Writ ; Summons, WRIT OF.
ORPHANAGE PART. That portion of
ORDINARY. In the Civil Law signi an intestate's effects which his children
fies any judge who has authority to take were entitled to by the custom of London .
cognizance of causes in his own right, and This custom appears to have been a rem
not by deputation. But in the Common
nant of what was once a general law all
Law it signifies the bishop of a diocese, over England , namely, thata father should
though more frequently a commissary or not by his will bequeath the entirety of his
official of the bishop or other ecclesiastical personal estate away from his family, but
judge who has judicial authority within should leave them a third part at least,
his jurisdiction. called the children's part, corresponding
ORDINARY OF NEWGATE . A divine to the “ bairns' part or legitim of Scotch
who is appointed to attend the condemned Law, and also (although not in amount ) to
criminals in that prison to prepare them the legitima quarta of Roman Law ( Just.
for death, &c. ii. 18 ). This custom of London was abo
ORDINATION . Is the admission of
lished by the stat. 19 & 20 Vict. c. 94.
See title CUSTOMS OF LONDON .
qualified persons to the office of clergymen
(whether bishop, priest, or deacon ) i.e., to OUSTED . To be removed or put out ;
holy orders. The power of ordination lies thus, ouster of the freehold signifies being
in the bishop ; and the ordination takes put out of possession of the freehold ; ousted
place according to the form prescribed in of an estate for years, signifies being turned
the Book of Common Prayer. By stats . out from the occupation of the land during
13 Eliz. c. 12, and 44 Geo . 3, c. 43, the age the continuance of the term .
of twenty -three years is fixed for deacons, See title OUSTER.
and the age of twenty -four years for priests ;
and the ordainee declares in accordance OUSTER . Called also dispossession, is
with the stat. 28 & 29 Vict. c. 122, his the general name for all wrongs to cor
assent to the Thirty-Nine Articles, &c. poreal real property, depriving the rightful
And usually the ordaince has or is in the owner of the possession or enjoyment
thereof. Its five principal varieties are
immediate prospect of having a title, i.e.,
the presentation to some living . the following :
( 1. ) Abatement,—which consists in the
ORIGINAL EVIDENCE. Is a phrase entry by a stranger upon the death of the
used in contrast to the phrase derivative tenant in fee simple, in exclusion of
evidence, and denotes evidence that has the heir or devisee of such tenant.
an independent probative force of its own, ( 2.) Intrusion ,—which consists in the
and which is unaffected with any of the in- entry by a stranger upon the death of the
firmities attaching to derivativeevidence. tenant for a particular freehold estate , in
See titles DOCUMENTS, PROOF OF ; Evi- exclusion of the remainderman or re
DENCE ; HEARSAY ; PRIMARY Evi versioner.
DENCE ; SECONDARY EVIDENCE. (3.) Deforcement, — which consists in
ORIGINAL or SUBSTITUTIONAL GIFT : the refusal of a particular tenant (e.g., a
See title SUBSTITUTIONAL OR ORIGINAL. lessee for years) to deliver up the posses
sion upon the determination of his par.
ORIGINAL WRIT . An original writ ticular interest to the person entitled to
was the process formerly in use for the the remainder or reversion upon such de
commencement of personal actions. It termination ,
was a mandatory letter from the king, (4.) Discontinuance ,—which consists in
issuing out of Chancery, sealed with the the wrongful holding over of the grantee
great seal, and directed to the sheriff of or feoffee of a tenant in tail, in exclusion
the county wherein the injury was com- of the heir in tail, under the terms of his
mitted, or was supposed to have been com- deed of grant or of feoffment, where that
mitted, requiring him to command the deed expresses to convey to him the fee
wrongdoer or accused party either to do simple and the same has not been duly
justice to the plaintiff, or else to appear in enrolled so as to bar the estate tail,
Court and answer the accusation against (5.) Disseisio, - which consists in the
him . This writ is now disused, the writ wrongful deprivation of an owner in
QUSTER — continued . OUVERTURE DES SUCCESSIONS. In
possession of his lands, i.e., in the wrong French Law denotes the right of succes
ful deprivation of such person of his sion which arises to one upon the death ,
actual seisin and possession . whether natural or civil, of another. Such
For the like torts in the case of incor successor must not be either as yet uncon
poreal real property, there are also various ceived , or a child non viable , or one civilly
technical names such
, as Disturba nce , dead ; and he must also be clear of certain
Obstruction, Subtraction, and the like. moral delinquencies, for which see Code
QUSTER LE MAIN . When the heir Civil , 727. Bastards, in case their parent
male arrived at the age of twenty one, or leaves legitimate offspring, have one-third
the heir female at the age of sixteen , they of the goods which , as a legitimate child,
might sue out their livery of ouster le main ; they would have received ; and if the
that is, the delivery of their lands out of parent leaves no legitimate offspring, but
ascendants or collaterals (being brothers
their guardians' hands. or sisters ), then one-half ; and if the parent
See titles LIVERY ; Wardship .
leaves neither legitimate offspring nor
OUT OF COURT. He who has no legal ascendants nor collaterals (being brothers
status in Court is said to be “ out of or sisters), then three - fourths : and in case
Court," i.e. , he is not before the Court. of a total failure of inheritable relations,
Thus , when the plaintiff in an action, by then the whole . The widow surviving
some act of omission or commission , shews takes the succession where the parent
that he is unable to maintain his action, he leaves no inheritable relations or bastards,
is frequently said to put himself “ out of and failing her the state.
Court.” Sometimes a person who is out of
Court is said to have no locus standi. OVERT ACT . An overt act signifies an
See title Locus STANDI. open or manifest act, such as can be mani
OUTER BAR . Barristers at law are festly proved.
divided into two classes, viz .,queen's coun In charges of treason , it is necessary in
sel, who are admitted within the bar of the order to a conviction to substantiate either
Courts , in seats specially reserved for one overt act by at least two witnesses, or
themselves ; and junior counsel, who sit two overt acts of the same character by
without the bar ; and the latter are thence one witness apiece.
See title TREASON .
frequently termed barristers of the " outer
bar," or “ utter bar," in contradistinction OWNER OR OCCUPIER : See title Occu
to the former class . PIER OR OWNER.
See title UTTER BARRISTERS.
OUTLAWRY . The process of putting OWNERSHIP . In English Law , exists
a man out of the protection of the law, so in personal property only,-an estate (and
that he was incapable of bringing any not ownership ) existing in real property.
action for redress of injuries ; and it was But the person entitled to an estate in real
also attended with a forfeiture of the party's property is commonly called the owner
goods and chattels, a consequence which thereof, and he may or may not also be the
was in no way affected by the Forleiture for occupier thereof.
See title ESTATE .
Felony and Treason Abolition Act, 1870
( 33 & 34 Vict. c. 23). However, now , OXGANG . A term in old law, which
under the stat. 42 & 43 Vict. c. 59 ( com was used to signify as much land ( being
monly called the Civil Procedure Acts arable ) as an ox -team could till .
Repeal Act, 1879), outlawry in all civil See titles HIDE ; PLOWLAND.
proceedings is abolished.
OUTSTANDING LEGAL ESTATE . Where OYER OF DEEDS AND RECORDS.
a mortgage debt charged on real estate Hearing of deeds and records. Thus,
is paid off, but no re-conveyance of the when either party in an action alleged any
estate is executed, then the legal estate ( if deed, he was in general obliged to make pro
the mortgage was a legal one) remains in fert of such deed ; that is, to produce it in
Court simultaneously with the pleading in
the mortgagee, and passes to his heirs or which it was alleged . When oral pleading
devisee, and (under the Vendor and Pur was in practice, the deed was actually pro
chaser Act, 1874 ) may be conveyed even duced in Court ; but afterwards profert
by his legal personal representative. It consisted merely of a formal allegation that
may be got in by a subsequent mortgagee the party shewed the deed in Court, it
for his protection in certain cases. being, in fact, retained in his own custody.
See title TACKING.
OUTSTANDING TERMS :
When profert was thus made by one of the
See title
parties, the other, before he pleaded in
TERMS OF YEARS, OUTSTANDING . answer, was entitled to demand oyer of the
OYER OF DEEDS AND RECORDS - con PACTS-continued.

tinued . and parcel of the contract and contempora
deed , that is , to hear it read ; and this, neously therewith ; or (b. ) Adjecta ex inter
either for the purpose of enabling him to vallo, i.e., not contemporaneously with, but
ascertain the genuineness of the alleged some interval of time after, the contract
deed , or of founding on some part of its proper ; and an action may be supported
contents ( not set forth by the adverse upon pacts made contemporaneously, but
party ), some matter of answer Oyer of only a defence upon pacts made after an
records was of the same nature, being a interval of time .
demand to hear any record read which had PAGUS. The shire in early Saxon
been alleged in the pleading of the opposite times.
party. By the Common Law Procedure See title MARK .
Act, 1852, s. 55, it ceased to be necessary
to make profert of any deed or other docu PAINE, FORT ET DURE ( Fr., punish
ment mentioned or relied on in any plead ment, strong and severe ). A special
ing ; and if profert was made, it was not to punishment for those who, being arraigned
entitle the opposite party to crave oyer of, for felony, refused to put themselves upon
or set out upon oyer, such deed or other the ordinary trial of the country, and were ,
document. But this provision affects the therefore , considered as mute in the inter
form of pleading only, and not also the pretation of the law. This punishment
rules of evidence, or the modes of proving was vulgarly called pressing to death.
any deed or other document. See title MCTE.
See titles NOTICE TO ADMIT ; NOTICE PAINTINGS, COPYRIGHT IN. Under
TO INSPECT ; NOTICE TO PRODUCE . the stat. 25 & 26 Vict. c. 68, it is provided
OYER AND TERMINER (from the Fr. that the author , being a British subject
ouïr, to hear, and terminer, to determine). or resident within the dominions of the
A commission of oyer and terminer is a Crown, of any original painting, drawing,
commission under the king's great seal, and photograph which shall not have been
directed to certain persons, among whom sold or disposed of before the commence
two or more Common Law judges are ment of the Act, and his assigns, shall
usually appointed, empowering them to have the sole and exclusive right of copy
hear and determine treasons, felonies, ing, engraving, reproducing, and multiply
robberies, murders, and criminal offences ing, such painting or drawing, and the
in general. design thereof, or such photograph and
See title JUSTICES OF OYER AND TER the negative thereof, by any means and
MINER . of any size, for the term of the natural
0, YES . Is said to be a corruption of life of such author, and seven years after
the French , oyez, i.e., hear ye ; and is his death ; but when any painting or draw
sometimes used in Courts by the public ing or the negative of any photograph is,
crier, to command attention when a pro for the first time after the passing of the
clamation is going to be made. Act sold or disposed of, or made or exe
See title CRIER . cuted for or on behalf of any person for a
good or a valuable consideration , the person
so selling or disposing of, or making or
P. executing the same is not to retain the
copyright thereof unless it is expressly
PACTA PRIVATA JURI PUBLICO DE reserved to him by agreement in writing,
ROGARE NON POSSUNT. Private agree but the copyright is to belong to the vendee
ments may not derogate from the public or assignee of such painting ordrawing or
law : therefore, agreements contrary to of such negative of a photograph, or to the
public policy are for that reason void, and person for or on whose behalf the same has
may ( if necessary) be relieved against. been made or executed, provided there is
This maxim operates to check that other an agreement in writing to that effect.
maxim , viz., modus et conventio vincunt The copyright must be registered ; also
legem. every assignment thereof. The Act im
PACTS. Are agreements, and are of poses a penalty for infringement not ex
many varieties,-being either ( 1. ) Nuda ceeding £ 10 for each offence, and also
confiscates the repetitions, or copies , or
pacta, i.e., pacts without any consideration imitations; and also punishes with fine
to clothe them with the attributes of a
contract ; or (2. ) Vestita pacta , i.e. , pacts and imprisonment the fraudulent affixing
clothed with such a consideration . And of names or initials to paintings to repre
sent them as original works ( Ex parte
again, pacts may be ( 3.) Pacta adjecta, i.e., Graves, Law Rep. 3 Ch . App. 642 ).
pacts added to a contract, and in that case
either (a.) Adjecta ex continenti, i.e., as part PAIRING OFF . Members of the House
PAIRING OFF - continued . PANEL . The slip of parchment on
of Commons cannot vote upon any question which the sheriff returns the name of the
unless they are themselves present when jurors to serve on a jury, is so called
the question is put. When, therefore, a under the C. L. P. Act, 1852, s. 104.
member wishes to absent himself from the See title IMPANEL .
House, and at the same time is anxious PANIER . Is an attendant or domestic,
not to diminish the strength of his party by who waits at table and gives bread ( panis ),
the loss of bis vote during his absence, he wine, and other necessary things to those
seeks out some member of the opposite who are dining. The phrase was in fami
party who is also anxious to absent him liar use amongst the Knights Templars,
self, and by mutual agreement the two and from them has been handed down to
(or “ pair ” of) members arrange to be the learned societies of the Inner and
absent at the same time, the effect of Middle Temples, their modern representa
which , of course , is, thut on all questions tives, whose buildings once belonged to
which occur during their absence, a vote that distinguished order, and who have
is neutralised on each side ; and thus the retained a few of their customs and phrases.
relative numbers on any given division are “ From the time of Chaucer to the present
precisely the same as if both members were day, the lawyers have dined together in
present. This system is known by the the ancient hall, as the military monks did
name of “ pairs," and members acting before them , and the rule of their order
under this arrangement are thence said to requiring two and two to eat together, and
“ pair off ” upon any question in which a all the fragments to be given in brotherly
division of the House takes place during charity to the domestics, is observed to this
their absence .
day, and attendants6 at table in the dining
PAIS. A trial per pais signifies a trial hall are still called “ paniers.'
by the country, or, as it is more commonly PANNAGE . Signifies the money which
called, by jury. An assurance by matter the agisters of the forest collect for the
in pais is an assurance transacted between
two or more private persons in pais (in the feeding of swine within the forest ; and
country ), i.e. , upon the very spot to be sometimes it signifies the food itself ( Les
transferred. Matter in pais seems to sig Termes de la Ley ). In the recent case of
nify matter of fact, probably so called Chilton v. Corporation of London (7 Ch.
because matters of fact are mostly triable Div. 562), a right of pannage was stated to
by the country ; e.g., estoppels in pais are be simply a right vested by express or
estoppels by conduct, as distinguished from implied grant in an owner of pigs, or an
estoppels by deed or by record. owner of land who keeps pigs , to go into
See title ESTOPPELS. the wood of the grantor and eat the acorns
or beech -mast which have fallen to the
PALACES, ROYAL. The privilege of ground ; and that right does not prevent
palace is attached to any place which is the owner of the wood from lopping the
de facto the sovereign's residence ; and in trees in the ordinary course of management
a case of Att.-Gen. v. Dakin and Others or from cutting them down for timber wben
(L. R. 2 Ex . 290) (which was an informa
tion of intrusion filed against the sheriffs
and their officers for executing a fi.fa. in
a suite of private apartments at Hampton
PARAMOUNT. The supreme lord ofa
fee was so called, in contradistinction to
Court Palace) it was stated that actual the mesne lord (F. N. B. 135 ; Cowel).
personal residence of the sovereign at the The sovereign is the universal lord para
time is not necessary to confer the privi mount, of whom all lands are held in
lege, if there is an intention to resume England.
residence, or no inconsistency between See titles FEUDAL SYSTEM ; LORD AND
such resumption and the present use of the VASSAL ; MESNE, sub -title MESNE
LORD.
palace.
PANDECTS. The books of the Civil PARAPHERNALIA ( from the Greek
Law compiled by Justinian are so called . Trapé, besides, and peprn, dower, i.e., some
The word literally translated means a thing to which the wife is entitled over and
universal collection or compilation of pas above her dower). Under the term “ para
sages, and denotes the universality of the phernalia” are included such apparel and
subjects treated of in the Corpus Juris ornaments of the wife as are suitable to her
Civilis ; whereas the word Digest, which condition in life. Thus, pearls and jewels,
in England is the more common of the two worn by the wife, although articles of mere
words, means a methodical arrangement, ornament, have been held to fall within
and denotes the method or order wbich is the term “ paraphernalia ,” as in the case of
observed in the arrangement of the same Mangey v. Hungerford ( 2 Eq. C. Ab. 156 ),
compilation . where the widow claimed and obtained her
PARAPHERNALIA - continued . PARIBUS, IN , MATERIEBUS, EADEM

EST RATIO- continued .
gold watch and several gold rings as para
phernalia, which had been given to her at or in part or being modified when these
the funerals of relations. The legal pro circumstances are different.
perty in the wife's paraphernalia is in the See titles INTERPRETATION ; Ratio
husband, who may dispose of them during DECIDENDI ; Ratio LEGIS.
his life, but not by will ; and they are PARISH . Was originally the area within
liable to the husband's debts both during the charge of one spiritual person , e.g.,
his life and after his death . See Snell's parson , vicar, or other minister having
Principles of Equity, 5th ed . ch. xxi. s. 2. cure of souls therein (5 Rep. 67 a ). Eng
PARAPHERNAUX, BIENS. In French land was divided into parishes about the
Law all the wife's property which is not year 636 A.D. (according to Camden ), and
subject to the régime dolal is called by this about the year 1179 by the council of
name ; and of these the wife has the entire Lateran (according to Hobart); they cer
administration ; but she may allow the tainly existed in England in the time of
husband to enjoy them , and in that case King Edgar (about the year 970 ), and
he is not liable to account. probably the division of the county into
parishes was a gradual process. The
See titles PIN -MONEY ; SEPARATE
ESTATE ; PARAPHERNALIA ; RÉGIME boundaries of ancient parishes were usually
DOTAL . the boundaries of a manor, or of a group of
manors . Every parish had its church
PARAVAIL . Tenant paravail signified sufficiently endowed with tithes, and some
the lowest tenant of land, being the tenant parishes had also chapels ( see title CHAPELS).
of a mesne lord ; he was so called because Various new parishes have been erected in
he was supposed to make avail or profit of comparatively recent times under the New
the land for another (Cowel ; 2 Bl. 60). Parishes Acts, 1843 and 1814 (6 & 7 Vict .
c. 37, and 7 & 8 Vict. c. 94, popularly
PARCELS. Are those words in a deed known as Sir Robert Peel's Acts), and the
or will which specify and describe the New Parishes Act , 1856 ( 19 & 20 Vict.
lands or tenements comprised therein. c. 104, popularly known as Lord Bland
The descriptions usually consist of the ford's Act), under which Acts new districts
names, acreages, occupying tenants, boun may be constituted as parishes. But to
daries, and abuttals. the present day large parts of England
PARCENARY. The holding of lands continue to be extra -parochial (2 Rep . 44 ;
jointly by parceners or coparceners. 20 Vict. c. 19 ; 25 & 26 Vict. c. 61 , s. 32).
See title COPARCENERS. PARISH UNION : See title Poor.
PARCENERS : See title COPARCEN ERS. PARK. This word commonly signifies
PARDON . The Crown, in exercise of an inclosure ; but to constitute a legal
its prerogative of mercy, may pardon after park, or rather a park in the eye of the
conviction either of treason or of felony. law, it must have been made so by the
But such pardon may not be given in anti king's grant, or at least by immemorial
cipation of a conviction, and so as to be prescription ( Les Termes de la Ley ).
pleaded in defence to a prosecution (see See titles CHASE ; GAME ; DEER ;
WARREN .
title DANBY, IMPEACHMENT OF ). The par
don relates of course only to the particular PARLIAMENT, HOUSES OF. The year
conviction for which it is given (Reg. v. assigned by Carte for the division of Par
Harrod, 2 C. & K. 294). liament into two houses is 17 Edward 3,
PARENT AND CHILD : See titles and that is the most probable date. But
Hallam argues for a much earlier date ;
FATHER AND CHILD ; MOTHER AND CHILD. and he instances 11 Edward 1 as a year in
PARI RATIONE . Means “ for the like which the Houses were divided ; the Com
reason ” or “ by like mode of reasoning. ” mons and Spiritual Peers having in that
year sat at Acton Burnell, while the Tem
PARIBUS, IN, MATERIEBUS, EADEM poral Peers sat at Shrewsbury. It appears,
EST RATIO. Means literally, that in like however , that the separation in 11 Ed.
subject-matters, the rule of law should be ward 1 was due to aspecial cause, that is to
the same, or the like argumentation should say, the Temporal Peers in their sitting at
hold good. This is the maxim underlying Shrewsbury were trying David Prince of
the application of the decisions of the Courts Wales (otherwise called Llewellyn), on a
to new cases, the ratio decidendi of the charge of treason ; and upon such a trial
previous decisions being applicable when the Spiritual Peers,and à fortiori the Com
ever the circumstances of the new case mons, were not entitled to be present. The
correspond, and being excluded in whole other instances which Hallam puts forward
2 C
PARLIAMENT, HOUSES OF - continued. PAROL — continued .
might possibly be explained in like is written. Thus, a parol agreement sig.
manner upon their special circumstances ; nified an agreement by word of mouth , in
and therefore any such occasional separa- contradistinction from a written agreement;
tions must not be suffered to impugii the but at the present day it signifies an agree
authority of Carte, or the correctness of ment by word of mouth , or by writing
the date which he assigns. But, in fact, under hand only, in contradistinction from
an earlier separation of Lords and Com. an agreementby deed, i.e., by writing under
mons was not needed ; for the Commons, hand and seal. The pleadings in an action
even when they met under the same roof were also denominated the parol, because
as the Lords always sat apart from the they were formerly conducted viva voce in
Lords in the lower end of the hall, and Court, and were not mere written allegations
not then assuming to discharge any duties as at present. Parol evidence is the phrase
beyond the grant of money or supplies, commonly used to denote extrinsic evidence,
there was no urgent reason in early times i.e., evidence outside of the written docu
why they should sit in a separate house. ment which it is used to explain .
For the composition and privileges and See titles CONTRACTS ; EXTRINSIC
powers of the House of Lords, see titles EVIDENCE ; PAROL DEMURRER.
HOUSE OF LORDS ; HOUSE OF LORDS, JURIS PAROL DEMURRER : See title PAROL
DICTION OF ; PEERS ; PEERS, QUALITY OF DEMURS.
SPIRITUAL ; LIFE-PEERAGES ; REPRESENTA
TIVE Peers. For the composition of and PAROL DEMURS. In many real actions
mode of election to the House of Commons, brought by or against an infant under the
see titles ELECTORAL FRANCHISE ; ELEC- age of twenty-one years, and also in ac
TIONS, PARLIAMENTARY ; PLACE-BILL ; Re- tions of debt brought against him , as
PRESENTATION IN PARLIAMENT; HOUSE OF heir to any deceased ancestor, either party
COMMONS ; MEMBER OF PARLIAMENT ; and might suggest the non -age of the infant,
for its powers and privileges, see titles and pray that the proceedings might be
MONEY- Bills ; MINISTERS ; CABINET Mi deferred till his full age, or that the
NISTRY ; CONSTITUTION, GROWTH OF ; PRIVI- infant might have his age, and that “ the
LEGE OF PARLIAMENT. For the summoning parol might demur,” that is, that the
of Parliament, see titles SUMMONS TO Par- pleadings might be stayed ; and then
LIAMENT ; New Writ ; CONVENTION Par- they would not have proceeded till the
LIAMENT; for its prorogation and dissolu infant's full age, unless it was apparent
tion, see titles DISSOLUTION OF PARLIAMENT ; that he could not be prejudiced thereby.
PROROGATION OF PARLIAMENT, This parol demurring was abolished by
the stat. 11 Geo. 4, & 1 Will. 4, c . 47, as
PARLIAMENTARY AGENTS. Persons
to proceedings under that statute, being
who act as solicitors in promoting and chiefly decrees for the sale of real estate
carrying private bills through Parliament.
They are usually attorneys or solicitors, to pay debts. The parol demurring is
not to be confounded with a parol de
and do not usually confine their practice to murrer, which was a demurrer put in for
this particular department. the first time at the trial or hearing of
PARLIAMENTARY ELECTIONS : See the action.
title ELECTIONS, PARLIAMENTARY , PAROL EVIDENCE. In connection
PARLIAMENTARY TAXES. Such with instruments in writing (whether that
taxes as are imposed directly by Act of writing be required by statute or not), the
Parliament, i.e., by the Legislature itself, general rule is that parol evidence is not
as distinguished from those which are im- admissible to vary them , but is admissible
posed by private individuals or bodies to explain them , and for certain other
under the authority of an Act of Par- purposes, as to which see title EXTRINSIC
liament. Thus, a sewers rate , not being EVIDENCE. In cases of alleged satisfaction
imposed directly by Act of Parliament, in equity, of legacies by portions or of
but by certain persons termed commis- portions by legacies, the rule is that for
sioners of sewers, is not a parliamentary the purpose of contradicting the plain or
tax ; whereas the income tax, which is natural effect of the instrument or instru
directly imposed, and the amount also fixed , ments, parol evidence is excluded where
by Act of Parliament, is a parliamentary there is no primâ facie presumption of law
tax . (i.e , of Equity) contrary to that effect ( Hall
See titles Taxation, HISTORY OF ; v. Hill, i Dr. & War. 94 ); but that for the
TAXATION, VARIETIES OF. purpose of confirming the plain or natural
PAROCHIAL : See title Parish . effect thereof, parol evidence is admitted
where there is any such presumption con
PAROL. This word literally signifies
verbal, in contradistinction from that which
trary to that effect ( Kirk v. Eddores,
3 Hare, 509).
PAROL VARIATION : See titles Ex PARTICULARITY IN TORT8 -- contd .

TRINSIC EVIDENCE ; SPECIFIC PERFORMANCE. cessary in torts as it is in contracts ; and
PARSON, in its legal acceptation, sig therefore that a master may sue for an
nifies the rector of a parochial church. injury done to his servant, although not on
He is called parson, persona, because, by a contract made with the servant. But if
his person, the church, which is an in privity is not necessary in torts, some
visible body, is represented ( Co. Litt. degree of particularity is undoubtedly re
300 a, s. 528). quired in order to support an action ( Lang
PARSON IMPARSONÉE. When a clerk ridge v. Levy, 2 M. & W. 519 ; 4 M. & W.
is not only presented, but instituted and 337; George v. Skivington ,L. R. 5 Exch.1).
And so in all cases of fraud producing
inducted into a rectory , he is then, and not damage the fraud must be directed against
before, in full and complete possession , and the party damaged thereby ; and if a fraud
is called in law persona impersonata , or is intended upon A., and the damage is
parson imparsonée (Co. Litt. 300). sustained by B. (who was never in the
PARTAGE. This is, in French Law , contemplation of the intending fraudulent
the partition of English Law, and is de person ), B. has no action for such fraud as
mandable as of right. for a tort committed upon him by such
See title PARTITION . fraudulent person ( Dashwood v. Jermyn,
PARTIAL LOSS. The losses which 12 Ch. Div. 776 ).
arise from the various perils insured against See titles FRAUD ; PRIVITY OF CON
TRACT.
by underwriters in marine insurance may
be either total or partial ; they are total PARTICULARS OF DEMAND : See title
when the subject-matter of the insurance is BILL OF PARTICULARS.
wholly destroyed, or injured to such an PARTICULARS OF INFRINGEMENT.
extent as to justify the owner in abandoning By the Patent Law Amendment Act, 1852,
to the insuring underwriter; and partial 8. 41, the plaintiff in an action for the
when the subject matter insured is only infringement of letters patent is required
partially damaged, or when (in the case of to deliver particulars of the breaches com
an insurance on goods) the owner of them plained of in the action ; and no evidence
is called upon to contribute to a general is allowable at the trial in support of any
average. Total lossesare either actual, e.g., alleged infringement not contained in
when the subject matter is totally annihi these particulars. Any order issuing out
lated in fact, or constructive, e.g., when the of the Chancery Division for the trial of
subject matteris eitheractually lost to the issues of infringement, always provides for
assurées,or is beneficially lost to them, or the delivery of such particulars by the
notice of abandonment has been given to plaintiff. And further or better parti
the underwriters. (Maude and Pollock's culars may be required, in case those first
Merchant Sbipping, 3rd ed. p. 402.) furnished are insufficient.
PARTICULAR ESTATE. A limited See title PARTICULARS OF OBJECTIONS.
interest in lands or tenements, as dis
tinguished from the absolute fee simple
to title NOTICE OF OBJECTIONS TO PATENT.
therein , is usually so termed ; and he who PARTICULARS OF SALE . A descrip
holds or enjoys such a limited interest
therein is thence sometimes called the tion of the property sold, when land or
particular tenant. Thus, if A. has the goods are sold by auction.
See title CONDITIONS OF SALE .
absolute fee simple in certain lands, and
he demises them to B. for a term of seven PARTIES TO ACTION . The plaintiff
years, or life, the legal interest which B. may join as defendants to his action all or
would thus acquire therein would be called any of the persons severally or jointly
the particular estate with reference to A.'s and severally liable on any one contract
estate in fee simple ; i.e. , it would be a ( Order xvi., 5) ; also, all or any of the
particle or portion carved out of A.'s fee persons some or one of whom he believes
simple. (but is uncertain which) is or are liable,
See titles REMAINDER ; REVERSION. whether on contract or in tort (Order xvi.,
PARTICULARITY. Is a defect in plead . 6). Also, all persons may be joined as
plaintiffs, in whom, whether jointly, sever
ing, and consists either in pleading details ally, or alternatively, the right to the relief
where general allegations would suffice, or claimed is alleged to exist (Order xvi., 1 ).
in pleading details in excess of what is The defects of non -joinder and of mis
sufficient where some amount of detailed
joinder will also usually be remedied
allegation is required. upon terms ( see titles MISJOINDER ; Non
PARTICULARITY IN TORTS. It is JOINDER). An unknown heir-at-law or
commonly alleged that privity is not ne unascertained next of kin may be repre
2C 2
PARTIES TO ACTION - continued. PARTNERS, VARIETIES OF - contd .
sented in any action involving a question firm of the partnership, but they are not
of construction (Order XVI., 9 a) by a liable to any extent for such use of their
nominee -defendant ; also, trustees and name, unless guilty of fraud or negligence.
executors represent their respective bene
ficiaries (Order XVI., 7) ; also , one or PARTNERSHIP. This is a voluntary
more persons out of a numerous class contract , whereby two or more persons
having the same or the like interests, agree to put their money or labour, or
may represent the entire class ( Order XVI. , both together in some lawful business,
9) ; also, in an administration action , one and to divide the profits arising from the
beneficiary may represent the others of business. No third party can be intro
like character ( Order xvi., 11 ). duced into tlre partnership without the
See titles COUNTER-CLAIM ; THIRD consent of all ; but he may be taken as a
PARTY NOTICE. sub-partner of one ormore of the partners
PARTIES, or PRIVIES. “ Parties " to a ( Ex parte Barrow, 2 Rose, 255). Upon
deed or contract are those with whom the the death of a partner, he may not by his
will introduce a successor to his share
deed or contract is actually made or
entered into . By the term “ privies," as (Pearce v. Chamberlain , 2 Ves. 33), unless
applied to contracts, is frequently meant the partnership agreement authorizes him
those between whom the contract is mutu
to do so ( Stuart v . Bute ( Earl), 3 Ves. 212 ;
11 Ves. 657 ).
ally binding, although both are not
In the absence of stipulation, the shares
literally parties to such contract. Thus, of the partners, both in the capital and in
in the case of a lease, the lessor and lessee the profits, are presumed to be equal, and
are both parties and privies, the contract the losses to be similarly divisible ( Peacock
being literally made between the two, and v. Peacock, 16 Ves .49); but the presump
also being mutually binding ; but if the tion is rebuttable ( Stewart v. Forbes, 1 Mac.
lessee assign his interest to a third party, & G. 137). A partner is not entitled to
then a privity arises between the assignee interest on the capital which he brings in
and the original lessor, although such Hill v. King, 1 N. R. (L C.) 161 ), but he is
assignee is not at all a party to theoriginal entitled to interest on advances made in
lease.
See title PRIVIES. excess of his share of capital ( Ex parte
Chippendale, 4 De G. M. & G. 36 ), five per
PARTITION . The dividing of lands cent. being the customary rate ( Ex parte
held by joint tenants, coparceners, or Bignold , 22 Beav. 167 ).
tenants in common, into distinct portions, The true criterion of a partnership is,
so that they may hold them in severalty ; that each member of it stands in the rela
and the instrument by which this partition tion of a principal to the other members,
or division is effected is called a deed of who in that regard are his agents ( Cox v.
partition (4 Cruise, 83). A partition is Hickman , 8 H , C. 268) ; consequently a
usually effected by action in the Chancery person may share profits without being a
Division , after the decree in which the partner , as well by the Common Law , as
parties execute to each other the requisite under the Act 28 & 29 Vict. c. 86 , and
mutual conveyances of each other's shares. may iu that manner escape all liability for
But if the parties can agree among them losses. On the other hand, a person who
selves to make a partition, there is no is not a partner may, by holding himself
occasion to resort to the Court at all. out as one, become liable for losses,
Since the Partition Act , 1868 (31 & 32 although not entitled to share in profits
Vict. c. 40), as amended by the Partition ( Ex parte Watson , 19 Ves. 461 ); but
Act, 1876 (39 & 40 Vict. c. 17), the Court merely continuing the name of a deceased
may in certain cases specified in the Acts partner in the style, does not charge the
decree a sale in lieu of a partition. executor with liability on contracts made
See title CONVEYANCES, sub-title Par since the death of his testator by the
tition . surviving partners (Devaynes v. Noble
( Houlton's Case ), 1 Mer. 616).extends to all
PARTNERS, VARIETIES OF . Partners The liability of a partner
may be either actually and openly members acts of his co -partners reasonably within
of a firm ; or they may be dormant (i.e. , the scope of the partnership business
undisclosed ) partners ; or, without being ( Sandilands v. Marsh, 2 B. & Ald . 672 ),
partners in fact, they may be either although beyond the agreed powers of the
( 1.) ostensible partners, and as such liable co -partners ( Hawken v. Bourne, 8 M. & W.
to a certain limited extent, although not 710) ; and such liability commences with
entitled to any profits of the partnership ; the de facto commencement of the partner
or (2. ) nominal partners, from the con- ship, notwithstanding the partnership ar
tinued use of their name in the style or ticles may not be signed till afterwards
PARTNERSHIP - continued . PARTNERSHIP - continued .

( Buttley v. Lewis, 1 Man . & G. 155), but it Partnerships are usually carried on
does not commence sooner as to third par under agreements in writing ( whether
ties, notwithstanding by special agreement under hand and seal or under hand only ),
it commences sooner as between the co but a mere parol agreement suttices, and
partners (Vere v. Ashby, 10 B. & C. 288). may even be substituted at any time for
However, no contract of one or more the written one (England v. Curling, 8
partners will bind the other or others if it Beav. 129 ) ; and whe a partnership is
be in a matter wholly unconnected with continued after the term specified in the
the partnership ( Ex parte Agace, 2 Cox, writing, it is a partnership at will upon
312 ); and no partner can bind the partner the old footing, so far as applicable ( Clark
ship by executing a deed ( Harrison v. v. Leach, 1 De G. J. & 8. 490 ) ; and the
Jackson, 7 T. R. 207 ), unless he have been same is the case when a new partner is
authorized by deed to execute it (Horsley taken in without anyfresh writing ( Austen
v. Rush, 7 T. R. 209 ), or unless the deed v. Boys, 24 Beav. 598 ).
be one of release as distinguished from one One partner could not sue another at
of grant ( Aspinall v. London and North Law in respect of a partnership matter,
Western Ry. Co. , 11 Hare, 325 ), the trans and therefore could not have any account
action being, of course , one within the there ( Bovill v. Hammond , 6 B. & C. 149),
scope of the partnership ( Ex parte Bosan unless upon a special covenant for breach
quet, 1 De G. 432 ) . Also, ordinarily, one thereof (Brown v . Tapscott, 6 M. & W.119 ),
partner cannot bind the firm by a guarantee or for a balance of account upon an implied
forcollateral purposes ( Brettel v.Williains, promise to pay (Wray v. Milestone, 5 M.
4 Ex. 623 ), unless the other partners are & W. 21 ). But even at Law, one partner
proved to have sanctioned it ( Sandilands might sue another for a matter dehors the
v. Marsh, 2 B. & Ald . 672) ; also, one partnership ( French v. Styring, 2 C. B.
partner's part payment of the principal or ( N.S. ) 357 ), for example, for money ad
interest of a debt does not save the Statute vanced or work done before the partner
of Limitations, as against the other part ship , although towards the formation of
ners, M. L. A. Act, 1856 ( 19 & 20 Vict. the partnership ( Venning v. Leckie, 13
c . 97 ), s . 14 , altering the former law East, 7 ). But in Equity ( and therefore
( Whitcomb v. Whiting, Doug. 651 ) ; also, now at Law also under the equitable juris
one partner cannot bind the firm by a diction ), the partner has the following
submission to arbitration (Stead v. Salt, remedies against his co- partner :
10 Moo. 389). Neither can a partner in a I. Specific performance,
non -mercantile firm ordinarily draw or ( a .) Of contract for partnership for a
accept bills or notes, or give a receipt for specified term of years, when
money so as to bind the firm ( Harman v. there have been acts of part
Johnson, 2 El. & Bl . 61 ; Dickinson v. performance (Scott v. Rayment,
Vulpy, 10 B. & C. 128) ; and a partner in L. R. 7 Eq. 112) ; but not
a mercantile firm even cannot borrow usually
money for the purpose of increasing the (6.) Of agreement for reference ( Street
fixed capital of the firm ( Fisher v. Tayler, v . Rigby, 6 Ves. 818), unless
2 Hare, 218 ). And with reference to the the submission is in writing
duration of the liability of partners, the and may be made a rule of
liability of a retiring or deceased partner Court.
ceases with the cessation of the partnership II. Injunction ,
as to him , provided notice by circular (a.) Against wilfully excluding a co
letter and in the Gazette has been given partner's name from the style,
(Kirwan v . Kirwan , 2 C. & M. 617 ; New contrary to agreement (Marshall
some v. Coles, 2 Camp. 617), but only as to v. Colman , 2 Jac. & W. 266) ;
contracts subsequent to the date of his in (6. ) Against one partner engaging in
terest ceasing (Wood v. Braddick, 1 Taunt. another business, contrury to
104 ; Pinder v. Wilks, 5 Taunt, 612) ; a agreement (Somerville v. Mac
dormant partner does not require to give kay, 16 Ves. 382) ;
such notice, excepting to the customers (c.) Against wilfully excluding a co
who knew his connection with the firm partner from the exercise of his
(Evans v. Drummond, 4 Esp. 89 ). And it rights as such (Dietrichsen v.
is competent for the creditors (although Cabburn , 2 Ph. 59 ) ;
not also for the continuing partners, unless (d.) Against a sudden dissolution
with the consent of the creditors) to accept working irreparable damage
the liability of the continuing partner and (1 Lindl. Partnership, 232,
to discharge the ceasing partner (Lyth v. 3rd ed .).
Ault, 7 Ex. 669, overruling Lodge v. Dicas, III. Decree for dissolution , including
3 B. & Ald . 611 ). the taking of accounts and the
appointmentof a receiver, with a obtain either specific perform
view to the dissolution, - ance, an injunction, à decree
(a.) Where the co -partnership origi for dissolution, the appoint
nated in fraud (Rawlins v. ment of a receiver, or an order
Wickham , 1 Giff. 355) ; to account at Law, although he
(6.) Where a co - partner is guilty of might (as above mentioned )
gross misconduct in partner bave all these in Equity.
ship matters ( Smith v . Jeyes, A partnership depending for its com
4 Beay. 503 ) ; mencement upon the consent of the part
( c.) Where a co-partner is continually ners , depends upon the same consent for its
breaking the partnership agree continuance; and therefore the dissolution
ment (Waters v. Taylor, 2 V. of a partnership may be brought about by
& B. 299) ; any sufficient dissent of the partners to its
( d .) Where the incompatibility of continuance,-namely, in the following
tempers is extreme ( Baxter v. variety of ways :
West, 1 Dr. & Sm. 173 ) ; I. Dissolution by act of the partners
(e.) Where a co -partner whose per themselves ,
sonal skill was indispensable (1.) Consent of all to dissolve ( Hall v.
to the partnership becomes in Hall, 12 Beav. 414 ) ;
sane ( Jones v. Noy, 2 My. & ( 2.) Dissent of one, where partnership
K. 125). is at will (Master v . Kirton, 3
IV. Receiver ,-towards dissolution ( Hall Ves. 74 ; Chavany v. Van Som
v. Hall, 3 Mac. & G. 79). mer, 3 Wood . Lect. 416, n.) ;
V. Accounts, without dissolution ; (3.) EMux of term of co -partnership
(a.) Where a partner has been ex (Featherstonhaugh v. Fenwick,
cluded ; and 17 Ves. 278).
(6.) Where the partner complaining II. Dissolution by operation of law ,
would be entitled to ask for ( 1.) By conviction of a partner for
a dissolution ( Fairthorne v. felony ;
Weston, 3 Hare, 387). (2.) By the marriage of a partner,
VI. Discovery, -in aid of an action at being a female (Nerot v. Bur
Law, and even of a compulsory nand, 4 Russ. 247) ;
reference to arbitration (British (3.) By one partner's general assign
E. I. Co. v. Somes, 5 W. R. 813). ment (Heath v. Sanson, 4 B. &
Moreover, the jurisdiction in Equity was, Ad . 172 ) ;
in general, much more available, and also (4.) By execution creditor of a partner
more advantageous than that at Law, as will seizing his share or part thereof
be seen from the following instances : (Fox v. Hanbury, Cowp. 445) ;
( 1.) Upon the decease of a co-partner (5.) By bankruptcy of a partner
the creditors could only proceed (Crawshay v. Collins, 15 Ves.
at Law against the survivors, 218), the dissolution taking
but in Equity they might pro effect upon adjudication , but
ceed against the estate of the dating backwards to act of bank
deceased ( Vulliamy v. Noble, ruptcy ( Dutton v. Morrison , 17
3 Mer. 593) ; Ves. 193) ;
(2.) In the case of two firms having a (6.) By hostilities between two coun
common partner, neither firm tries of co -partners, where they
could sue the other at Law, are foreigners to each other
( Bosanquet v . Wray, 6 Taunt. (Griswold v. Waddington, 16
597), but in Equity each might Johns. (Am.) 438) ;
sue the other (Mainwaring v. (7.) By death of a partner (Gillespie
Newman , 2 B. & P. 120) ; v. Hamilton , 3 Madd. 254) ;
(3.) In the case of a co - partner pur III. Dissolution by decree of Court of
chasing a share in the partner Equity, for the reasons enume
ship, he could not at Law sue rated above.
his co -partners to recover it, but Immediately upon a dissolution being
in Equity he might ( Wright v. made, the power of the partners, either
Hunter, 5 Ves. 792) ; together or individually, to enter into any
(4.) The lands of aco -partnership were new engagement ceases ( Ex parte Williams,
at Law liable only as lands, but 11 Ves. 5) ; nevertheless each partner may
in Equity they were liable as actively assist in the winding-up of the
personal estate ( Baringv. Noble, business, and therefore may give a valid
2 Ry. & M. 495) ; and receipt for any debt of the partnership
(5.) Generally, a co-partner could not received by him ( Fox v. Hanbury, Cowp.

445), and may even compound debts pro- only a joint but also a several debt (Burn
vided the composition be fair andhonour- v. Burn, 3 Ves. 573), unless it be the result
able ( Beak v. Beak, Ca. t. Finch . 190 ). of some arbitrary joint convention of the
And in case of a dissolution by death or partners ( Sumner v. Powell, 2 Mer. 30).
bankruptcy, the surviving or solvent By the Bankruptcy Act, 1869, s. 37, if any
partners cannot insist upon taking the bankrupt is at the date of the order of
partnership effects at аa valuation ( Cook v. adjudication liable in respect of distinct
Collingridge, Jac. 607), but all the property contracts as member of two or more dis
of the firm as well real as personal must tinct firms, or as a sole contractor and also
be sold ( Crawshay v . Maule, 1 Sw. 495 ), as member of a firm , the circumstance
although at the sale the partners may bid that such firms are in whole or part com
( Chambers v. Howell, 11 Beav. 6 ), having posed of the same individuals, or that the
first obtained the leave of the Court, where sole contractor is also one of the joint
the sale is by direction of the Court (Row- contractors, shall not prevent proof in
land y. Evans, 30 Beav. 302). respect of such contracts against the pro
The creditors of the partnership, not perties respectively liable upon such con
being execution creditors, have no direct tracts ; and by the Rules in Bankruptcy
lien on the partnership effects, but have an made in pursuance of the Bankruptcy Act,
indirect lien through the direct lien of the 1869, G. R. 76, any separate creditor of any
partners themselves thereon (Ex parte bankrupt is at liberiy to prove his debt
Ruffin, 6 Ves. 119) ; consequently the under any adjudication of bankruptcy made
partnership ( or, as they are called, joint) against such bankrupt jointly with any
creditors have the first claim on the partner- other person or persons ; and under every
ship ( i.e., joint) property for the payment such adjudication distinct accounts are to
of their debts, the partners themselves be kept of the joint estate and also of the
having that right,in exoneration pro tem. separate estate or estates of each bankrupt,
or pro tanto of their respective private (i.e., and the separate estate is to be applied in
separate) estates, and on the other hand the the first place in the satisfaction of the
separate creditors of each partner have the debts of the separate creditors; and in case
first claim on the separate estate of that there is an overplus of the separate estate,
partner; then , if the partnership is solvent such overplus is to be carried to the
and the individual partners also solvent, account of the joint estate. And in caso
there is an end of the rights of creditors, there is an overplus of the joint estate,
their debts being paid. But if, on the such overplus is to be carried to the ac
one hand, the partnership is insolvent, the counts of the separate estates of each bank
joint creditors may thereafter come down rupt in proportion to the right and interest
on the respective separate estates of the of each bankrupt in the joint estate.
individual partners whether living or dead ; But where a retiring partner, upon the
and if, on the other hand, any one or more dissolution of a partnership, assigns all his
of the individual partners are insolvent,his interest in the partnership property to the
or their respective sepa rate creditors may remaining partner, and the assignment is
thereafter come down upon the partner- bonâ fide, that assignment converts the
ship estate to the extent of his or their joint property of the partnership into the
respective shares therein ; and it makes no separate property of the remaining partner,
difference whether the estate is adminis- so as that so mnch of the then partnership
tered out of Court or in Court, and if in property as remains in specie upon the
Court whether in a Court of Equity or in subsequent bankruptcy of the surviving
a Court of Bankruptcy ( Ridgway v . Clare, partner vests in the trustee in bankruptcy
19 Beav . 111 ). But although the order of the latter as his separate estate, and is
above described is the natural order of liable accordingly ( E.c parte Rutjin, 6 Ves.
payment, yet any joint creditor may in the 119). But the assignment must be com
absence of a bankruptcy proceed in the plete ( Ex parte Williams, 11 Ves. 3), for if
first instance against the separate estate, anything remains still to be done to render
and any separate creditor against the joint it complete, the conversion of joint into
estate, occasioning a certain amount of separate property does not take effect ( Ex
disorder thereby, which disorder, however, parte Wheeler (Buck. 25) ; moreover, the
is afterwards removed in the general settle- property must not be suffered to remain in
ment of the accounts ( Wilkinson v. Hen- the order and disposition of the old partner
derson , 1 My. & K. 582), the principleship ( Ex parte Burton, 1 Glyn & J. 207).
of settlement being the principle of mar- The effect of the conversion is of course to
shalling derived from the natural order of give the separate creditors a claim upon
payment mentioned above, and the whole the property ( Ex parte Freeman, Buck.
doctrine resting upon the principle of 473) ; it does not deprive the joint creditors
Equity, that every partnership debt is not of their right to be paid also ( Ex parte
PARTNERSHIP - continued . PASS, TO. To be transferred , to be con
l'eake, 1 Madd. 358). Moreover, the as veyed , e.g., by a conveyance of a house do
signment requiring to be bonâ fide, the the fixtures pass ? i.e., do they go , or are
insolvency of the partners, either collec they conveyed as part and parcel of the
tively or individually, at the date of the house ? Again, does the fee pass under the
assignment would render it fraudulent ( Ex word “ estato ” ? i.e., does the fee simple in
parte Mayen, In re Edwards, Woods & land become transferred under the term
Greenwood, 34 L. J. (Bkcy.) 25 ), unless the “ estate ” ?
bona fides of it is otherwise proved ( Ex PASSAGE, COURT OF . Is an inferior
parte Peake, In re Lightoller, 1 Madd. 316 ). Court, for the Borough of Liverpool, held
PART -OWNERSHIP . Must always be before the mayor and bailiffs or one of
distinguished from partnership, the dis them , in the presence and with the assist
tinction being fertile in consequences. For ance either of the permanent assessor ( a
example, the real estate of partners is barrister- at-law of seven years' standing) or
treated as personal estate, and is distri of the recorder of the borough. Its juris .
butable accordingly ; but the real estate of diction (which is, roughly speaking, that
part-owners continues real estate , and is of a county court for the borough ) is de
descendible accordingly. Also, one CO fined by the stat . 4 & 5 Will . 4, c. xcii .;
owner is not of necessity the agent of the and it has received a limited admiralty
other or others, whereas a partner neces jurisdiction under the stats. 31 & 32 Vict.
sarily is ( 1 Lindl. on Partnership, 3rd ed . c. 71 , and 32 & 33 Vict. c. 51 .
p . 59). PASSING ACCOUNTS. When an auditor
PART -PAYMENT. Where portion of a appointed to examine into any accounts
certifies to their correctness, he is said to
debt (not already barred by statute ) is
paid , that revives the whole debt, and the pass ” them ; i e., they pass through the
Statute of Limitations begins to run afresh examination without being detained or sent
as regards the residue of the debt from the back for inaccuracy or imperfection. And
date of such part-payment; but not, quære, the accounting party himself is also said to
pass his accounts when he obtains the
if the debt is already barred at the date of
such part- payment ( Nash v. Hodgson, 5 De Court's approval of them .
See title RECEIVER .
G. M. & G. 474 ). Part-payment by one
co -contractor (ie.co -debtor) does notrevive PASSING RECORD. When the pro
the statute as against the others ( 19 & 20 ceedings were entered upon the nisi prius
Vict. c. 97, amending the law as laid down record , it used to be taken to the master's
in Whitcombe v. Whiting, Doug . 652). office and there examined by the proper
PART -PERFORMANCE : See title SPE officer, who then signed it ; and the record
CIFIC PERFORMANCE . was then said to be a passed .". But by the
C. L. P. Act, 1852, 8. 102, the record of
PARTY, GOVERNMENT BY : See titles nisi prius is not to be sealed or passed, but
Tory and Whig . is to be delivered to the proper officer of
the Court in which the cause is to be tried ,
PARTY AND PARTY , BETWEEN : See
titles Costs ; TAXATION OF Costs. to be by him entered and to remain until
disposed of.
PARTY-WALL. Is a partition wall ; See title TRIAL, ENTRY FOR.
i.e., a wall dividing two messuages . An PASSENGER ACTS. Are the Acts
ancient party -wall, the origin of which is (chiefly the Passenger Act, 1855 ( 18 & 19
unknown, is presumed to belong ( together Vict. c. 119), amended by the Acts of 1863,
with the land on which it stands) to the
1870, and 1872), regulating the carriage of
owners of the two adjoining messuages in passengers by sea, and providing for their
equal moieties as tenants in common ( Cubitt safety and comfort. They impose upon
v. Porter. 8 B. & C. 257) ; but where a
party-wall is known to have been built at shipowners and captains vumerous duties
that are unknown to the Common Law.
the joint expense of the adjoining owners,
and it stands half on the land of each , it PASSENGERS, CARRIAGE OF. Unless
belongs ( one half of it) in several owner where any particular passenger travels with 17
ships to each , and constitutes in fact two a free pass or otherwise “ at his own risk
distinct walls (Murley v. McDermott, 8 A. ( McCawley v. Furness Ry. Co., L. R. 8
& E. 135, 143). A party -wall may not be Q. B. 57 ), the carrier (whether person or
dangerously undermined (4 M. & G. 714). company) is liable for negligence or un
See titles FENCES AND DITCHES ; REPAIRS. skilfuluess producing damage or (under
Peculiar provisions exist under statute re Lord Campbell's Act) death ( Crofts v.
garding party -walls within the metropolis Waterhouse, 3 Bing. 319) ; but the contri.
( 18 & 19 Vict. c. 122 ). butury negligence or unskilfulness of the
See title METROPOLITAN BUILDINGS. passengers may relieve the carrier (Martin
PASSENGERS, CARRIAGE OF - contd . PASTURE, COMMON OF - continued .

v. Great Northern Ry. Co., 16 C. B. 179). Norfolk , and arises in this way, viz., when
As regards the luggage of passengers fields of arable land belonging to different
(being articles properly so called, and not owners lie intermixed , the different owners
including merchandise ), it appears that the turn in their cattle after the harvest to feed
carrier is in the general case liable for its promiscuously, each owner excusing the
sa fe delivery on the platform of arrival others of theirmutual trespasses. Shack is
( Richards v. London , Brighton, and South probably a corruption of the French word
Coast Ry. Co., 7 C. B. 839), and in certain chaque ( each ). This common is limited by
cases even for its safe transfer to the agent the principle of levancy and couchancy as
of the passenger at thestation or point of regards each owner.
arrival (Willoughby v. Horridge, 12 C. B. See title INCORPOREAL HEREDITAMENTS.
742) ; and conditions of an unreasonable PATENT AMBIGUITY. This is an
character exempting the company from ambiguity which arises upon the words of
liability for the loss or damage of luggage the will , deed , or other instrument, as
are void ( Cohen v. South Eastern Ry. Co., looked at in themselves , and before they
1 Exch . Div. 217 ; 2 Exch . Div. 253), ex
cepting as regards the carriage thereof on are attempted to be applied to the object
railways not belonging to the company or to the subject which they describe.
(Zunz v . South Eastern Ry. Co., L. R. 4 The term is opposed to the phrase Latent
Q. B. 539 ) ; and see Henderson v. Stevenson , Ambiguity. The rule of law is, that ex
L. R. 2 H. L. Sc. 470). But the pas trinsic or parol evidence, although admis
sible in all cases to remove a latent am
senger must travel with his luggage biguity, is admissible in no case to remove
( Becher v. Great Eastern Ry. Co., L. R. 5
a patent one.
Q. B. 241 ), and must not take it (excepting See titles EXTRINSIC EVIDENCE ; LA
at his own risk) intu the carriage with him TENT AMBIGUITY.
(Talley v. Great Western Ry. Co., L. R. 6
C. P. 44 ). PATENTS. In consequence of the
abuse of the prerogative in granting mo
PASSENGER'S LUGGAGE : See title
nopolies, the statute 21 Jac . 1 , c. 3, was
PASSENGERS, CABRIAGE OF. passed, which, after declaring that the
PAST MEMBERS, LIABILITY OF : See letters patent theretofore granted were
title CONTRIBUTORIES. contrary to the laws of this realm , and
therefore utterly void and of none effect,
PASTURE, COMMON OF. Is of four went on to provide and enact that any
kinds, viz., ( 1.) Appendant; (2. ) Appur declaration in the Act before mentioned
tenant ; (3.) Pur Cause de Vicinage ; and should not extend to any letters patent for
(4. ) In gro88. ( 1.) Common of pasture the term of fourteen years or under there
appendant aroso at first of necessity, and tofore made, or thereafter to be made, of
therefore was limited to such cattle as were the sole working or making of any manner
necessary or useful in agriculture ; conse of new manufacture within this realm to
quently, it cannot be claimed for all kinds the first and true inventor or inventors of
of beasts ( Cro. Jac. 580). This common is such manufactures, which others at the
appendant in general to arable land only, time of the granting of such letters patent
and not to a house, meadow , or pasture ( 1 did not use, so they be pot contrary to the
Roll. Abr. 397 E. 28, 29 ). This common law nor mischievous to the state by raising
is either sans nombre or stinted , that is to of the prices of commodities at home, or
say, it is sans nombre, when for all cattle hurt of trade, or generally inconvenient.
levant and couchant ; and it is stinted , when Upon this statute , the whole patent law is
for a specified number, usually less than the to the present day substantially founded .
cattle levant and couchant. (2.) Common The first and true inventor is the person
of pasture appurtenant may arise at the who first seeks protection for an invention
present day, and may extend to all beasts, which has either originated with himself
but of a limited number,although the limit or has been obtained from a foreign country,
is not necessarily or even usually that of the invention in the latter case not having
cattle levant and couchant. (3.) Common been the subject of an expired foreign
in gro88 exists apart from any corporval patent. A new manufacture may be either
hereditament , and arises by grant only ; an entirely new article, or a better article,
it may be either for a specified number of or a cheaper article to the public ( Crane v.
cattle or sans nombre ; but common sans Price, 1 Webst. Pat. Ca. 408) ; and novelty
nombre cannot be exercised to the detriment in the combination of the parts will sup
or exclusion of the other commoners. (4.) port a valid patent (Brunton v. Hawkes,
As regards common pur cause de vicinage, i Carp. Rep. 410 ; Harrison v. Anderston
see title VICINAGE. There is a species of Foundry Co., 1 App. Ca. 574 ). It is
common called common of shack, e.g., in competent upon petition to the Crown to
PATENTS — continued . PAWNBROKERS . Are a species of
obtain an extension of patent right after paid bailees, and their liabilities in respect
the expiration of the fourteen years allowed of negligence are determined accordingly.
by the statute of James for such further If left to the Common Law , the rights of
period as the Privy Council shall think it pawnbrokers would be the rights of ordi
fit or proper for the due remuneration of nary pawnees or pledgees; but owing to
the inventor. This extension is permitted certain abuses to which the trade of pawn
under the statutes 5 & 6 Will. 4, c. 83, and broking is exposed, the Legislature has
the Patent Law Amendment Act, 1852 thought fit to control it by statutory pro
(15 & 16 Vict. c. 83). vision The principal Acts upon the sub
See titles NOTICE OF OBJECTIONS TO ject in. force until recently were the 39 &
PATENT ; PARTICULARS OF INFRINGE- 40 Geo. 3, c. 99, and 23 & 24 Vict. c . 21 ;
MENT ; SPECIFICATION ; &c. but both these statutes, together with many
PATER EST QUEM NUPTIE DEMON ininor ones, have been repealed, and the
STRANT. Means literally that he is the whole law of pawnbrokers has been con
father whom the existing marriage indicates solid&ated
(35 by the
36 Vict. Pawnb
c. 93 rokersAct
). That Act, 1872
divid es
as such ; and this maxim it is which pre- loans into two classes :
vents an apparent father from bastardizing
the issue born under cover of his marriage. (1.)onLoans
408., which above 108.loans
class of anda not above
charg e of
The evidence of access or of non - access
between married people living together is penny ny
one halfpen is allowed for the sticket
per two shilling , and
per calen
excluded for public reasons ofdecency and dar month by way of profit, all fractions of
morality (Roll. Abr. Bastard , B. ; Co. Litt.
244 a .) But the maxim does not exclude two shillings or calendar months ( unless
proof of non -access, where the husband is under a fortnight) being chargeable at the
proved to have been absent from (and the same rate ; and
wife present within ) the four seas during £ 10, ) Loans
(2. on whichabov e 408
class and anot
of loans above
charg e of
the entire period of gestation (Morris v.
Davis, 5 CI. & F. 163 ; and see Banbury one penny
one is allowed
halfpenny for theper
per half-crown ticket, andr
calenda
Peerage Case, 1 S. & S. 155 ; Barony of month hy way of profit, all fractions of
Saye and Sele, 1 H. L. C. 507).
See title Non -ACCESS, half-crowns or calendar months being
chargeable at the same rate .
PATRIA POTESTAS . Children born in The statute (s. 16) directs that every
lawful wedlock and also children adopted pledge shall be redeemable within twelve
were, inRom an Law , within or under the months from the day of pawning, exclusive
potestas ( i.e., power or control ) of their of that day, with seven days of grace.
father (pater ); and as incident to such And by s. 17, a pledge pawned for 108.
potestas, the father acquired all the pro or under, if not redeemed within that time
perty of his children, and bad originally becomes the absolute property of the pawn
the power of life and death over their per broker ; but by s. 18, a pledge for above
sons ( vitæ necisque potestatem ). But the 108. continues redeemable beyond that
power was gre tly relaxed , both as re time until the actual sale thereof. The
garded the child's property, and also (and sale shall be only by public auction (s. 19),
principally) as regarded his person by the and the pawnbroker is to account for the
later Roman Law, and especially by the surplus (if any), allowing for costs of sale
legislation of the Emperors and set-off. The Act does not prohibit
See title PECULIUM , special contracts between the pawnbroker
PATRON . He who has the right, title , and his cust
of the ticketomer 24).men
and( s. pay prod sumon
t nof allucti
Upo s
power, or privilege of presenting to an owing on the pledge within the period for
ecclesiastical benefice.
See title ADVOWSON . redemption , the pawnbroker is bound to
deliver up the same; and by s. 27, he is
PAUPER : See title Poor. made liable for all damage or destruction
PAUPERIES. In Roman Law , was da- occas
visionioned
s for by fire.in Sectio
cases 29 make
whichn the s pro
ticket has
mage done by some domesticated animal been lost (Singer Manufacturing Company
during some sudden wilfulness, occasioncol, v. Clark, 5 Exch. Div. 3i ).
e.g., by heat. The owner was liable. By the Common Law ( Morley v. Atten
See title Noxa.
borough, 3 Ex. 500 ), a pawnbroker could
PAUPERIS, FORMÂ : See title FORMÂ not retain goods illegally pawned, e.g.,
PAUPERIS. stolen goods, nor could the purchaser from
PAWN : See titles PAWNBROKERS ; but retain
him unde r 8.sam against
as the
30e,of Actthe 1872 owne
of true , uporn:
PLEDIE.
conviction of the thief, the Court may (in
PAWNBROKERS - continued .
PAYMENT OF MONEY INTO COURT
its discretion ) either allow the pawnbroker continued .
to retain the goods as a security for the
money advanced or order the restitution false imprisonment, libel, slander, malicious
thereof to the true owner. arrest or prosecution ( criminal conversa
See title PLEDGE. tion ), or debauching of the plaintiff's
daughter or servant ),and, by leave of the
PAYEE . Is the person to whom pay Court or a judge, upon such terms as
ment has been, or is to be, made. For seemed fit, for one or more of several de
example, in the case of a bill of exchange fendants, to pay into the Court a sum of
or a promissory note, the person in whose money by way of compensation or amends.
favour the order or promise contained in Such payment into Court admitted the
the instrument is expressed to be made, is plaintiff's ground of action, and the plain
the payee thereof. tiff was entitled to have the money in any
See title BILL OF EXCHANGE. event ; but, semble,the Court might control
PAYMASTER GENERAL . Is an officer or direct the application of the money
of the government, the first appointment ( Carr v . Royal Exchange Insurance Com
of whom it is difficult to specify, but his pany, 34 L. J. (Q. B.) 31). Under the
duties have been from time to time defined present practice, if the payment into Court
is made before the defendant delivers his
and extended by various statutes, prin statement of defence he is to notify the fact
cipally 57 Geo . 3 , c. 41 (as to militia pay
ments ), 5 & 6 Will. 4, c. 35 (as to ordnance, of payment to the plaintiff, but otherwise
he is to plead same in his statement of de
navy, &c., payments ), 11 & 12 Vict. c. 55 fence (Order xxx . 1 , 2) ; and the defendant
(as to civil service payments, &c. ), and may, along with the plea of payment into
35 & 36 Vict. c. 44 ( as to accounts of Court, plead ( without any leave so to do )
Accountant-General of the Court of Chan
cery ), these several statutes having trans pleas of an independent and primâ facie
inconsistent character ( Burdon v. Green
ferred to the Paymaster General the duties wood , 3 Esch . Div. 251).
of the several particular offices and officers PEACE , ARTICLES OF THE . Where a
specified therein .
PAYMENT . This is the normal mode
person says that his life is endangered
through the hostility of some one, he may
of discharging any obligation. In the exhibit articles of the peace ( being a formal
case of severaldistinct debts owing between statement of the danger) to the Court or a
the same creditor and debtor, if the debtor magistrate, who will thereupon require the
makes a general payment, the doctrine of party informed against to give security to
the APPROPRIATION OF PAYMENTS is called keep the peace. But the Courtmustsatisfy
into activity (see that title). itself that there is on the face of the articles
PAYMENT OF MONEY INTO COURT. a reasonable ground of fear. Tue articles
When the defendant, in an action brought are put in upon oath , and the defendant
for a given sum , admits either the whole cannot controvert the allegations contained
or a part of the plaintiff's claim , he often , therein, even by affidavit (Rex v. Doherty,
with the view of preventing the plaintiff 13 East, 171) .
from further maintaining his action, pleads See title SUPPLICAVIT, WRIT OF.
what is termed a “ plea of payment into PEACE, BILL OF : See title BILL OF
Court, ” by which he alleges that he brings PEACE.
a sum of money into Court ready to be PEACE OF GOD AND THE CHURCH.
paid to the plaintiff if he will accept the Anciently meant to signify that rest and
same, and that the plaintiff has no claim cessation which the king's subjects had
to a larger amount ; and this plea is ac from trouble and suit of law between the
companied by an actual payment of the terms ( Cowel).
specified sum into the hands of the proper PECULIAR , PARISH OR CHURCH . This
officer of the Court, where the plaintiff, or was the phrase used to designate a parti
usually his attorney, may, upon applica cular parish or church that had jurisdiction
tion, obtain it. Should the plaintiff, after within itself for granting probates of wills,
this, proceed with the action, he does so at &c., exempt from the Ordinary or Bishop's
the peril of being defeated, and having Courts. The Court of Peculiars was a
the costs to pay, unless he should , upon Court annexed to the Court of Arches, and
the trial, prove that a further sum still re had jurisdiction over all those parishes dis
mains due to him from the defendant. By persed through the province of Canterbury,
the C. L. P. Act, 1852 ( 15 & 16 Vict. c. 76), in the midst of other dioceses, which were
8. 70, in extension of a similar provision con exempt from the ordinary jurisdiction and
tained in the 3 & 4 Will . 4, c. 42, s. 21, it subject to the metropolitan only, in which
was lawful for the defendant in all actions Court all ecclesiastical causes arising within
(except actions for assault and battery, these peculiar or exempt jurisdictions wero
PECULIAR , PARISH OR CHURCH PECUNIARY CAUSES — continued .

continued . either from the withholding of ecclesias
originally cognizable ( Les Termes de la tical dues, or from the doing or neglecting
Ley ). some act relating to the church whereby
PECULIUM , In Roman Law , was the some damage accrued to the plaintiff; for
permissive property of slaves and of chil. instance, thesubtraction and withholding of
dren in the potestas of their masters or tithes from the parson or vicar ; the non
fathers. The peculium of the slave was payment of ecclesiastical dues to the clergy,
and continued to be his purely on suffer as pensions, mortuaries, compositions, and
the like.
ance of his master ; but as regards the
peculium of children, the following dis PECUNIARY LEGACIES : See title LE
tinctions were taken, that is to say: GACIES.
(1.) Profectitium Peculium , that arising PEDANEI JUDICES : See title JUDICES
from ( profectum ) the property of the father PEDANEI.
committed to the child for the purposes of
trade, remained the father's in full usufruct PEDIGREE, PROOF OF. In actions of
and dominium ; ( 2.) Adventitium Peculium , ejectment and some other actions, it is re
that accruing to the child from adventitious quired to prove the heirship or other re
sources or from his own labour alone , lationship of the claimant . This proof
belonged in usufruct only to the father, and usually consists of certificates of births,
belonged in dominium to the child ; and baptisms, marriages, and deaths or burials ,
(3. ) Castrense or Quasi Castrense Peculium , together with one or more affidavits of the
that coming to the child as the reward identity of the parties whose names appear
of military services or of attendance at the in the certificates. Failing such certifi
palace, belonged to the child in full usu cates or in aid of them , family reputation
fruct and dominium both , so that he could is admissible in evidence ; and a paper
make a will of it ; but as regarded this writing in the handwr of a deceas
last mentioned peculium, the father (if he member of the family itipurng ed
porting to give a
emancipated the child ) became ipso facto genealogical account of the family is ad
entitled to the usufruct in one equal half missible, although never made public by
part thereof, although otherwise the child's the writer, although erroneous in many
right thereto was not affected . particulars, and although professing to be
founded partly on hearsay ( Monckton v.
PECUNIÂ CONSTITUTÂ. In Roman Attorney -General, 2 Russ. & My. 147) ; but
Law , money owing (even upon a moral not if it is shewn to have been compiled
obligation ) upon a day being fised (consti from certificates (Davies v. Lowndes, 6 Man.
tuta ) for its payment, became recoverable & Gr. 471 ).
upon the implied promise to pay on that PEERAGE. The firet order of nobility
day, in an action called de pecuniâ con
stitutâ ,—the implied promise not amounting introduced into England after the Norman
(of course )toastipulatio. Conquest was that of Baron by Tenure, a
See title STIPULATIO. dignity attached to the possession of certain
lands held directly from the Crown, con
PECUNIÂ NON NUMERATÂ. In Roman ditionally upon the performance of honor
Law, when aa bond had been given for the ary services to theking, e.g., the Earldom of
repayment of money which at the time of Arundel ( Duke of Norfolk ) is enjoyed by
giving the bond it was the intention of the virtue of the tenure of Arundel Castle. But
obligor to borrow , and the obligee ( although Barons by tenure have practically ceased,
in possession of the bond) refused in fact and to them have succeeded successively
to advance the money, then to an action Barons by Writ and Barons by Letters
on the bond ,the defence might be pleaded Patent,—the earliest instance of the cre
that the money had never been in fact ation of a Baron by writ being in 49 Hen. 3,
advanced (exceptio de pecuniâ non nume and of a Baron by letters patent being in
rata ) ; and the onus of disproving this 1387.
defence was thrown on the plaintiff ( the See title BARONY.
obligee) for two years after the date of PEERS. Those who are impanelled in
giving the bond ; but after that period, an inquest upon any man for the convict
the onus of proving it was left with the ing or clearing him of any offence for
defendant ( the obligor), because (of course ) which he is called in question. The jury
he might have been active earlier to obtain was so called from the Latin pares , i.e.,
the delivery up of the bond, upon the equals, because it is the custom of this
ground of the fraud that had been practised
upon him . country to try every man by his equals,
that is to say, by his peers (judicio parium
PECUNIARY CAUSES. These were suorum ). The word " peer " seems also not
causes in the Spiritual Courts arising merely to have signified one of the same
PEERS - continued . PEERS, QUALITY OF SPIRITUAL

rank ; but it was also used to signify the continued .
vassals or tenants of the same lord , who 25 Edw. 3, upon the trial of a certain
attended him in his Courts and adjudicated temporal peer, the spiritual peers, upon
upon matters arising out of their lord's retiring, remonstrated that they had full
fees, and were thence called peers of fees right to remain ; and again, e.g. , in 1357,
( Cowel ; Les Termes de la Ley ). Whence the Bishop of Ely claimed to be tried by
also apparently the king's barons, who sit the Lords, but that claim was disallowed ,
in the House of Lords, are called his peers, and he went before a jury ; and the same
being (or having at any rate been ) to some was the case with Bishop Fisher in the
extentand for some purposes the equals of reign of Henry VIII ., which latter case
the sovereign. settled the law.
See also titles Baron ; BARONY ; and PENAL ACTIONS : See title PENAL
LORDS, House of ; and next title . STATUTES.
PEERS, QUALITY OF SPIRITUAL . PENAL BILL. An instrument formerly
For the general nature of Barony, in the in use by which a party bound himself to
case of the Temporal Peers or Lay Lords, pay a certain sum or sums of money, or to
as they may be called, see title BARONY. docertain acts, or in default thereof to pay
With reference to the Spiritual Peers, or a certain specified sum by way of penalty,
Bishops, as they now are, their title of thence termed a penal sum. These in
peerage seems to rest upon the following struments have been superseded by bonds
bases or basis : in a peval sum with conditions.
In early times the title of the prelates See title PENALTY OF A BOND.
to sit in the House of Peers was cumula- PENAL STATUTES. Statutes imposing
tive, resting on one or more of the following certain penalties on the commission of
grounds : certain offences ; and actions brought for
( 1.) Tbeir learning, the recovery of such penalties are denomi
(2.) The custom of Western Europe (in- nated penal actions. Inasmuch as a penal
clusive of England ) to admit the statute is, to the extent of the penalty, a
clergy to their supreme councils ; money -bill, the Commons have exclusive
and privileges as regards their penal clauses.
(3.) The tenure of lands by barony. See titles MONEY - BILLS ; QUI TAM
Probably, however , the third of these ACTIONS.
three grounds was the chiefest, as the PENALTIES, AGAINST .
absence of it is in some instances (e.g. , RELIEF
that of the Prior of St. James, at North Whenever a penalty or a forfeiture is in
ampton , in 12 Edw. 2, and that of the serted in any written instrument, merely to
Abbot of Leicester in 25 Edw. 3) made a secure the performance of some act, Equity
ground of exemption to the prelate from regards the performance of the act as the
attendance in Parliament; it is certain , substantial and principal intent of the in
however, that the third ground was not a strument, and accordingly relieves in the
sine quâ non in the Spiritual Peerage, as general case ) against the penalty or the
many spiritual peers were in the House forfeiture upon the substantial performance
upon the grounds of their learning and of of the act, or upon the payment of adequate
thecustomof Europe alone, orupon one of damages for its non-performance. This is
such grounds ; and that, or those, are the the principle underlying the relief given in
present titles of these spiritual peers to sit Equity from the penalty of a bond ( see
in the House of Lords.
title PENALTY OF À BOND) ; and the same
To all intents and purposes the spiritual principle has been extended (at least in
peers were ( with one exception ) upon a cases other than those arising upon Jeases
level with the temporal peers for the time between landlord and tenant ) to forfeiture
clauses also ; and even in the case of leases,
being, but they must necessarily have been Equity will relieve from the forfeiture in a
(in most if not all cases) life peers only.
few limited cases, e.g., from forfeiture for
The one exception to this general equality the unpunctual payment of rent, or for the
consisted in the following peculiarity, technical non - repair (there being a sub
namely, the spiritual had not (nor have
they) the right of being present during stantial repair ) of the premises, and (under
statute ) from breach of covenant to insure,
the trial or (at any rate) upon the judg -in each instance upon equitable terms
ment (whether of condemnation or of
acquittal) of a temporal peer, or of being (see Snell's Equity 5th ed., pp. 337–343).
themselves tried ( like a temporal peer) by PENALTY OF A BOND. The sum of
their peers. This point of inferiority, money which the obligor of a bond under
however, has never been assented to by takes to pay by way of penalty, in the
the spiritual peers themselves ; e.g., in event of his omitting to perform or carry
1
PENALTY OF A BOND - continued . PENSIONS AND OFFICES : See title
out the terms imposed upon him by the OFFICES AND PENSIONS.
conditio ns of the bond ; but the intention
PENSION LIST. This is the list of
of the parties is that the obligor shall do
the act, and not that he shall escape doing persons receiving pensions from the royal
it upon paying the penalty ( Howard v. bounty. It is limited to £ 1200 as the sum
which is not to be exceeded in the creation
Hopkyns, 2 Atk. 370). The distinction of new pensions in any year.
between a penalty and a sum payable as
liquidated damages is this, that the penal See title Civil LIST, SETTLEMENT OF.
sum is generally or always double the PEPPERCORN RENT. Where only a
amount of the debt secured by the bond, nominal rent is reserved , the reservation is
whereas liquidated or ascertained damages, confined to “ one peppercorn .”
as the name indicates, are intended to
denote, and usually denote, the exact PER AUTER VIE . For or during the
amount of the debt. The Courts of Law life of another, for such a period as another
and also of Equity relieve against penal person shall live.
ties upon payment of the principal debt, See title PUR AUTRE VIE.
and interest, and costs ; nor will this right
to relief be excluded by the parties merely PER CAPITA , DISTRIBUTION : See title
designating that as liquidated damages CAPITA , DISTRIBUTION PER.
which is in reality a penalty (Kemble v . PER CUI ET POST : See title ENTRY ,
Farren, 6 Bing. 141), unless where the WRIT OF.
damages are altogether unascertainable ,
otherwise than by the amount fixed by the PER CURIAM. A phrase occasionally
instrument ( Atkyns v. Kinnier, 1 Ex. 659). used in the reports, and meaning that the
PENALTY, QUESTIONS EXPOSING TO. presiding judge or judges spoke to this or
In cross-examination of witnesses, and also that effect.
in involuntary depositions, these questions PER, IN THE : See title ENTRY, WRIT OF .
need not be answered , the privilege of
witnesses extending to exempt them from PER MY ET PER TOUT. This phrase
answering such ; sed quære ( Sidebottom v. is applied to joint tenants who are said to
Adkins, 5 W. R. 743). et perbytout
See title PRIVILEGE OF WITNESSES.
beseised per my and
half or moiety all; ; that the
thatis,is,bythey
PENDENTE LITE. Pending the suit, each have the entire possession as well of
whilst the suit is pending. every parcel or piece of the land as of the
See title Lis PENDENS. whole considered in the aggregate. For
one of them has not a seisin of one-half or
PENDING ACTION , PLEA OF. Where
moiety, and the other of the other half or
there is an action depending at the date of moiety ; nor can one be exclusively seised
the commencement of a second action in
volving the same subject -matter, and the of one acre and his companion of another,
whole effect of the second action is attain but each has an undivided half or moiety
. not the whole of an
moietyand
of the whole,
divided un
able in the first action, this plea is usually
a good defence ( Law v. Rigby, 4 Bro. C. C.
60, 63). And it is not (in general) neces- PER QUE SERVITIA, WRIT OF . A
sary to the sufficiency of this plea, that the judicial writ that issued upon the note of
first action should be between precisely the a fine; and which lay for the conusee of a
same parties as the second action, although manor or seigniory to compel the tenant of
the parties must of course be substantially the land at the time the fine was levied to
the same (Moor v . Welsh Copper Co., 1 Eq. attorn to him ( Les Termes de la Ley ).
Ca. Abr. 39, pl. 14). See title ATTORNMENT.
PENETRATION . A term used in cri
minal law, and denoting (in cases of alleged PER QUOD . When an action is brought
rape) the insertion of the male part into by a the
and person for defamation
offensive words do not character,
of apparently
the female parts to however slight an and upon the face of them import such
extent; and by which insertion the offence defamation as will of course be injurious,
is complete, without proof of emission it is necessary that the plaintiff should
(Arch. Crim . Practice). aver some particular damage to have hap
PENSION . That which in the Inner pened ; and this was called laying his
and the Middle Temple is called a parlia- action with a per quod : thus, if I say that
ment, and in Lincoln's Inn a council, is in such a clergyman is a bastard, he cannot
Gray's Inn termed a pension ; that is, an for that bring any action against me,
assembly of the members of the society to unless he can shew some special loss by
consult of their affairs. it ; but if he can shew such special damage,
PER QUOD continued . PEREMPTORY PLEAS — continued .

he may bring his action against me for also in bar, while dilatory pleas were said
saying he was a bastard, per quod he lost to be in abatement only.
the presentation of such a living. In all See title ABATEMENT, PLEAS IN.
actions for slander, other than for slander
to a person in his or her profession, trade, PEREMPTORY RULE TO DECLARE.
or occupation , it is necessary to add this When the plaintiff in an action was not
per quod clause in effect, although no longer ready to declare within the time limited ,
in form, inasmuch as damage is an essential and the defendant wished to compel the
part of the ground of this action . plaintiff to declare, he procured what was
termed a peremptory rule to declare,
PER STIRPES, DISTRIBUTION : See which was in the nature of an order from
title STIRPES. the Court, compelling the plaintiff to
declare peremptorily under puin of judg
PERAMBULATIONE FACIENDA, WRIT ment of non pros. being signed against him .
OF. A writ which lies where two lord
But by the C. L. P. Act, 1852, s. 53, rules
ships adjoin each other, and some encroach to declare, or declare peremptorily, were
ments are supposed to have been made, by abolished, and instead thereof a notice was
which writ the parties consent to have to be given requiring the opposite partyto
their bounds severally determined. It is declare, otherwise judgment; and under
directed to the sheriff , commanding him to the present practice, the Court would make
make perambulation and to set down their an order upon the plaintiff to deliver his
certain limits (F. N. B. 133) . statement of claim peremptorily on a day
See title RATIONABILIBUS Divisis, specified, otherwise judgment dismissing
WRIT OF . the action .
PEREMPTORY CHALLENGE. Is a See title DISMISSAL OF ACTION .
privilege allowed to a prisoner in criminal PEREMPTORY WRIT. This was an
cases, or at least in capital ones, in favorem original writ called from the words of the
vitæ , to challenge a certain number of
writ, a si te fecerit securum, and which
jurors, without shewing any cause for 80 directed the sheriff to cause the defendant
doing. to appear in Court withoutany option given
See title CHALLENGE OF JURORS.
him , provided the plaintiff gave the sheriff
PEREMPTORY MANDAMUS. When a security effectually to prosecute his claim.
The writ was very occasionally in use,
mandamus has issued commanding aparty and only where nothing was specifically de
either to do a certain thing or to signify
some reason to the contrary, and the party manded, but only a satisfaction in general;
to whom such writ is directed returns or as in the case of writs of trespass on the
signifies an insufficient reason , then there case, wherein no debt or other specific
issues in the second place another man thing was sued for, but only damages to be
damus, termed a peremptory mandamus, assessed by a jury (1 Arch. Pract. 205).
commanding the party to do the thing PERFECTING BAIL. Certain qualifica
absolutely, and to which no other return tions of a property character beingrequired
will be admitted but a certificate of perfect of persons who tender themselves as bail,
obedience and due execution of the writs.
See title MANDAMUS. when sich persons have justified , i.e, esta
blishedtheir sufficiency by satisfying the
PEREMPTORY PAPER . A list of the Court that they possess the requisite quali
causes which were enlarged at the request fications, a rule of Court is made for their
of the parties, or which stood over from allowance, and the bail is then said to be
press of business in Court to a day which perfected, i.e., the process of giving bail is
was specified in the paper, and which day finished or completed.
was peremptory. See title JUSTIFYING BAIL .
PEREMPTORY PLEAS. Pleas in bar PERFORMANCE. This, like payment,
were so termed in contradistinction to that is the normal and natural mode of dis
class of pleas called dilatory pleas. Peremp- charging an obligation. In Equity practice,
tory pleas were usually pleaded to the it has acquired a somewhat extended and
merits of the action with the view of raising peculiar development. Thus, when a person
a material issue between the parties ; covenants to do an act, and withoutmaking
whilstdilatory pleas were generally pleaded any express reference to the covenant, he
with the view of retarding the plaintiff's does an act which may either wholly or
proceedings, and not for the purpose of partially be taken as or towards a perform
raising an issue upon which the parties ance of the covenant, Equity imputes to
might go to trial and settle the point in bim the intention, i.e., implies an intention
dispute. Peremptory pleas were called on his part, to perform the covenant. Cases
PERFORMANCE - continued . PERJURY - continued .
of performance in Equity fall under two oath , are rendered indictable and punish
divisions, viz. : able as perjury, e.g., in the case ofthe
( 1.) Covenants to purchase and settle declarations substituted for oaths. The
lands, and lands are, in fact, pur- Common Law penalty for perjury was fine
chased , but no settlement thereof and imprisonment at the discretion of the
is made ( Willcocks v. Willcocks, Court ; the statute law penalty was under
2 Vern. 558) ; and 2 Geo. 2, c. 25, s. 2, transportation or im
(2.) Covenants to leave personal pro- prisonment with hard labour in the house
perty, and the covenantee in fact of correction, for any term not exceeding
receives property left by reason seven years; and now penal servitude is,
of the covenantor's intestacy under 20 & 21 Vict. c. 3, and 27 and 28 Vict.
( Blandy v . Widmore, 1 P. Wms. c. 47, substituted for transportation, the
323). term of seven years remaining unaltered .
The rules applicable to both these groups Two witnesses are required to ensure a
of cases are the same, viz. : conviction for perjury.
(1.) When the lands purchased or per See title SUBORNATION OF PERJURY .
sonal property left by intestacy are of less PERMISSIVE WASTE : See title WASTE .
value than the intention of the covenant,
they go in part towards a performance PERMUTATIO . In Roman Law, is the
(i.e., are a performance pro tanto) of the innominate contract of Exchange or Barter.
covenant ( Lechmere v. Carlisle ( Earl), For want of a price in money, this contract
3 P. Wms. 211 ) ; and could not be classified with emptio venditio,
(2.) The omission of immaterial requi- that is, sale proper, but it most nearly
sites to the due performance of the cove- resembled that contract.
nant will count for nothing, e.g , the omis- See title INNOMINATE CONTRACTS.
sion or neglect to obtain the trustee's
consent to the purchase, or to purchase PERNANCY. Pernancy signifies taking,
the lands through the trustees as agents receiving, enjoying, &c. Thus, the per
( Sowden v. Sowden , 1 Bro . C. C. 582) ; pancy of the profits of an estate means the
but receipt or enjoyment of the profits ; and he
(3.) There is no performance in these who is so in the receipt ofthe profits is
cases if the covenant is broken in the life- termed the pernor of the profits.
time of the covenantor ( Oliver v. Brick- PERPETUAL CURATE . Under the
land , 3 Atk. 420). statute 31 & 32 Vict. c. 117, the incumbent
See title SATISFACTION IN EQUITY. of the church of any parish or new parish,
not being a rector, is to be designated a
PERILS OF THE SEA . This pbrase, as vicar, and his benefice a vicarage, if he is
used in policies of marine insurance, does authorized to publish banns in the church
not apply to all perils which may happen and to solemnize marriages, churchings,
on the sea , but to such of those accidents and baptisms therein, and if he is entitled
only as are caused by the violence of the
wind or waves, by thunder and lightning, to the entire fees arising from the per
formance of such offices.
by driving against rocks, by the stranding See titles RECTOR ; VICAR.
of the ship, and the like. The phrase has PERPETUAL ENTAIL : See title ESTATE
been extended to include losses by pirates,
by accidental collisions, by the swell of the Tail, PERPETUAL.
tide in a dry harbour ( sed quære), by the PERPETUATING TESTIMONY OF
wilful but not barratrous act of the crew in WITNESSES. When a party to a suit in
throwing the ballast overboard, by a strand Equity is desirous of preserving the evi
ing rendered necessary by leakage pro- dence of witnesses concerning a matter
duced by the careless loading of the cargo. which cannot be immediately investigated
The phrase does not extend to injuries in a Court of Law, or when he is likely to
done to the vessel while in a graving dock be deprived of the evidence of material
(Maude and Pollock , 261 , 263). witnesses by their death or departure from
PERIODICALS : See title NEWSPAPERS. the realm , it was usual to file a bill in Equity
to perpetuate and preserve the testimony
PERJURY is defined by Coke to be a of such witnesses ; and the Court then
crime committed when a lawful oath is usually empowered certain persons to exa
administered in some judicial proceeding mine such witnesses, and to take their de
to a person who swears wilfully ,absolutely, positions. The evidence so taken was then
and falsely in a matter material to the available on any future trial, if the witness
issue or point in question. And under or witnesses should in the meantime have
various modern statutes, offences against died, but not otherwise,
veracity of the like sort, although not on See title DE BENE Esse.
PERPETUITY . Various attempts have PERPETUITY_continued .

from time to time been made to keep land the interest having vested should also
in a certain line or family in perpetuity, be in possession (Murray v. Addenbroke,
but the law disliking a perpetuity has 4 Russ. 407).
frustrated every such attempt. The most The following are the chief examples of
noteworthy attempts have been the follow interests attempted to be created , but void
ing :- as being against the rule,
(1.) Restraints imposed upon tenants in (1.) An executory interest to arise after
tail to prevent them from suffer- an indefinite failure of issue, unless the
ing a common recovery or a fine, prior interest can be construed as an estate
-an attempt which was frustrated tail by implication from the words de
in Mildmay's Case (6 Rep. 40) ; scribing the failure of issue, in which
(2.) Successive life estates, with a pro- latter case the executory interest overwould
viso for the creation of an ever- be good ( Doe d. Elis v. Ellis, 9 East,
fresh succession of them ,--an 383 : Grumble v . Jones, Willes, 166, n.),
attempt which was frustrated in the reason for the validity of the excep
Marlborough ( Duke) v. Godolphin tion being that the gift over may be de
( 1 Eden , 404 ); and feated by the estate tail being barred at
(3. ) The creation of executory interests any time before the event occurs on which
under the Statutes of Uses and of the executory interest is to spring into being
Wills (27 Hen. 8, c. 10, and 32 (Nicolls v. Sheffield, 2 Bro. O. C.215 ; Morse
Hen. 8, c. 1), — an attempt which v. Lord Ormonde, 5 Madd . 99).
was frustrated in Cadell v. Palmer (2.) A bequest, after a life estate in A.,
( 1 Cl. & F. 372), which case also to the children of A. attaining any age
established the Rule of Perpetui- which exceeds twenty -one years ( Leake v.
ties in its present form , and which Robinson , 2 Mer. 363 ) ; and in such a case ,
is in these words, the whole bequest over is void , although
Rule of Perpetuities or of Remoteness. some of the children may have attained the
An executory interest cannot be created prescribed age within twenty -one years
so as to take effect unless within aa life or from the death of A.; unless indeed the
lives in being, twenty -one years afterwards, individual shares of the respective children
and (but only where gestation actually can be ascertained within the limits of the
exists ( Cadell v. Palmer,supra ) ) the period rule of perpetuities, in which latter case
of gestation ; or (where no life or number the gift over would be valid as to those
of lives is mentioned ) within twenty -one children who are within the rule and void
years alone ( Palmer v. Holford , 4 Russ. only as to the others ( Storrs v. Benbow ,
403), and (but only where gestation actu- 2 My. & K. 46).
ally exists) the period of gestation. More- (3.) A devise to a child (not in esse) of
over, all interests subsequent to and de- A.who is in esse upon that child attaining
pending upon an executory interest which some qualification which is not necessarily
exceeds the limits of the rule are also void, attainable within the limits of the rule,
notwithstanding in themselves they may e.g., succeeding to a barony ( Tollemache v.
be within the limits of the rule ( Palmer Earl of Coventry, 2 Cl. & F. 611), or
v. Holford , supra ; Robinson v. Hardcastle, being in holyorders ( Proctor v. Bishop of
2 Bro. C. C. 22). Bath and Wells, 2 H. Bl. 358).
The rule is applicable to personal as (4.) A gift of leaseholds to trustees
well as to real estate. upon trusts corresponding with lands in
In the application of the rule possible strict settlement, and expressed as not to
and not actual events are to be considered ; vest in any one who shall be tenant in tail
so that if the executory interest which is in possession till he shall attain the age
given might by possibility exceed the limits of twenty -one years ( Ibbetson v. Ibbetson ,
of the rule, in other words would not neces- 5 My. & Cr. 26 ; Lord Dungannon v. Smith,
sarily take effect as a vested interest (if at 12 Cl. & F. 546) ; but it is otherwise if the
all) within these limits, and whether as to gift is expressed not to vest in any tenant
all or as to one even of the beneficiaries, in tail by purchase under the settlement till
the interest is void. And not only must such tenant attain the age of twenty -one
the interest vest, but the respective vested years, and this latter is the common limi
interests of the respective takers ( where tation ( Christie v. Gosling, L. R. 1 H. L.
they are more than one) must also be 279; Harrington v. Harrington, L. R.
ascertainable,* within the limits of the rule, 5 H. L. 87).
otherwise the gift is void ( Curtis v. Lukin, (5. ) The literal exercise of powers of
5 Beav. 147 ); but it is not necessary that appointment (not being general) in favour
of objects who if inserted (as they must
Mogg v. Mogg, 1 Mer. 654, cannot be considered be considered as being) in the instrument
law. ( whether deed or will) creating the power,
2 D
PERPETUITY_continued . PERQUISITE 3 — continued .
would take interests beyond the limits of and not yearly : as escheats, heriots, re
the rule, as calculated from the date of the liefs, estrays, and such like things. The
operation of the creating instrument (De word “ perquisite ” is also used by some of
vonshire ( Duke) v. Lord G. Cuvendish, the old law writers to signify anything
4 T. R. 741 ) ; nevertheless such a power is obtained by industry, or purchased with
not void in its creation, and the donee of it money , in contradistinction to that which
may, by using discretion , exercise it in a descends from an ancestor (Cowel ; Les
valid manner ( Attenborough v. Attenborough , Termes de la Ley .) It is also, at the pre
1 K. & J. 296 ). sent day, used of the casual profits of any
(6. ) The creation of powers of sale or office, even of a menial character.
management of estates exercisable gene PERSON. Is the aspect or quality of an
rally during the minorities of persons individual or aggregate, to which or by
entitled to the settled estates (Ferrand v. reference to which certain rights or liabili.
Wilson, 4 Hare, 373 ), such persons not ties attach themselves to him .
being expressed to be entitled by purchase See title STATUS.
under the settlement; nevertheless, such
powers, if intended for the payment off of PERSONA DESIGNATA . Is a person
incumbrances on the settled estates, would individually regarded and individually
be valid ( Briggs v. Oxford ( Earl), 1 De G. described. The description may be either
M. & G. 363 ). by his proper name or by his official desig
The rule of perpetuities does not apply nation ( Owen v. London and North Western
to executory trusts, or rather the Court of Ry. Co., L. R. 3 Q. B. 54) .
Chancery, in moulding such trusts will PERSONAL. Anything connected with
take care not to exceed the limits of the
the person , as distinguished from that
rule ( Humberston v. Humberston, 1 P. Wms. which is connected with the land . Per.
332 ); neither does it apply to cases of cy. sonal Actions, for instance, signify such
près, and for the like reason, that the Court actions as are brought for recovery of some
coops up the excess within the lawful debt, or for damages for some personal in
period of limitation ( Nicholl v. Nicholl, jury ; in contradistinction to the old real
2 W. Bl. 1159 ). And there are also the actions , which related to real or landed
following further exceptions to the appli property, &c. And,again , Personal Estate,
cation of the rule :
( 1.) Gifts to charities, e.g., contingent chattels, &c., signify any moveable things
of whatever denomination, whether alive
limitations over from one charity to another or dead ; as furniture, money , horses, and
charity ( Christ's Hospital v . Grainger, 1 other cattle, & c., for all these things may
Mac. & G. 460 ) : but not of course a gift or be transmitted to the owner wherever he
gift over in the like case from a charity to
thinks proper to go, and may therefore be
an individual (Hope v. Gloster (Corpora said to attend his person , according to the
tion ), 7 De G. M. & G. 647 ). maxim Mobilia ossibus inhærent.
(2. ) Lands whereof the reversion or re
mainder subsists in the Crown (34 & 35 PERSONAL ACT OF PARLIAMENT :
Hen . 8, c. 20), not being put into the See title PRIVATE ACT OF PARLIAMENT.
Crown in fraud of the rule ( Johnston d. PERSONAL LAW.
Anglesea (Earl) v. Derby ( Earl), 2 Show . As opposed to ter
104 ).
ritorial law, is the law applicable to per
( 3.) Any provision for the payment of sons not subject to the law of the territory
the debts of the settlor ( Briggs v. Oxford in which they reside . It is only by per
( Earl), supra ), including therein a provision mission of the territorial law, that personal
to indemuify a purchaser against an in law can exist at the present day ; e.g., it
cumbrance (Massey v. O'Dell, 10 Ir. Ch. applies to British subjects resident in the
Levant and in other Mahommedan and
Rep. 22). barbarous countries . Under the Roman
See title ACCUMULATIONS.
Empire, it had a very wide application .
PERPETUITY OF THE KING. That
PERSONAL PROPERTY . Property of
fiction of the law which for certain politi a personal or moveable nature, as opposed
cal purposes ascribes to the king in bis
political capacity the attribute of immor to property of a local or immoveable cha
tality : for though the reigning monarch racter , such as land, or houses, and which
may die, yet by this fiction the king never are termed real property.
See title PERSONAL .
dies ; that is, the office is supposed to be
re -occupied for all political purposes im PERSONAL REPRESENTATIVES : See
mediately on his death. title REAL REPRESENTATIVE .
PERQUISITES. Such advantages and PERSONAL SERVICE : See title SER
profits as come to a manor by casualty, VICE OF Writs, &c.
PERSONALTY . Signifies generally any PETITION OF RIGHT - continued .

personal property , in contradistinction to against the Crown ( Tobin v. The Queen ,
realty, which signifies real property. An 16 C.B., N.S., 310).
action was said to be in the personalty See title MONSTRANS DE DROIT.
when it was brought for damages out of PETITION OF RIGHTS . A Parlia
the personal estate ofthe defendant.
mentary declaration of the liberties of the
PERSONATION . Under the stat. 37 & people assented to by King Charles I., in
38 Vict. c. 36, this offence when committed 1629. It is to be distinguished from the
with the intention to obtain property is Bill of Rights, 1689, which was passed into
punishable with penal servitude for life or a permanent constitutional statute.
See title BILL OF RIGHTS.
for any period not less than five years, or
with imprisonment not exceeding two years PETITION , SUBJECTS RIGHT TO .
with or without hard labour, and with or Was denied by James II. , but affirmed by
without solitary confinement. Personation the Court in the case of the Seven Bishops
for other fraudulent purposes is also checked ( see title BISHOPS, CASE OF THE SEVEN) ;
and punished by numerous other statutes, and the right was re-formulated in the
e.g., the personation of seamen (28 & 29 Bill of Rights (see title BILL OF Rights) .
Vict. c . 124), of soldiers (7 Geo. 4, c. 16, But violent and tumultuous petitioning is
and 2 Will. 4, c. 53), of owners of stock or forbidden by the stat. 13 Car. 2, which
shares (24 & 25 Vict. c. 98 ; 26 & 27 Vict. was put in force on the threatened pre
c. 73 ; 30 & 31 Vict. c. 131 ; 33 & 34 Vict . sentation of the Chartist Petition in 1818 ;
c. 58), of bail (21 & 25 Vict. c. 98), and of and that statute is in fact still in force.
voters (35 & 36 Vict. c. 33, the Ballot Act,
PETITIONERS : See title A BHORRERS.
1872).
PETITIONING CREDITOR . The cre
PETIT SERJEANTY, A species of
tenure, which (like Grand Serjeanty) was, ditor at whose instance an adjudication of
one by office, which office was, semble bankruptcy is made againsta bankrupt.
The debt of the creditor so petitioning re
originally of an inferior order (held by quired formerly to amount to £ 100, but if
king's huntsmen, &c.), but was afterwards it amount to £50 that is now sufficient
of as high an order as any other. The ( Bankruptcy Act, 1869).
service consisted in rendering to the king PETITIONS. Are of various kinds, the
some implement of war or of the chase .
See title SERJEANTY ; TENURE . principal varieties of which are the follow
ing :-(1 .) Petitions to Parliament, see that
PETIT TREASON : See title TREASON . title ; (2.) Petitions to the House of Lords,
see title PETITION OF APPEAL ; (3. ) Peti
PETITION OF APPEAL. Prior to the tions to the High Court (Chancery Divi
Judicature Acts, 1873-75, a petition was sion ), see title PetitioNS IN CHANCERY ;
the form and mode of appealing from the and (4. ) Petitions of Right, see that title.
High Court of Chancery to the Court of
Appeal in Chancery ; but since these Acts, PETITIONS IN CHANCERY. All pro
the appeal to the Court of Appeal is by ceedings in the Court of Chancery were
motion only. ( See title Motions, Varie- originally petitions, or proceedings in the
TIES OF). But appeals from the Court of nature thereof, even the bill whereby
Appeal to the House of Lords are still to formerly an action was commenced, having
be made by petition only , and which peti- been a petition in all essential respects.
tion signed by two counsel, and addressed But latterly petitions in Chancery came to
to the House, being first duly printed on be of a much more summary character than
parchment, must be lodged at the Parlia- actions commenced by bill, and to the
ment Office at Westminster for presentation present day they are much more speedy
to the House . than actions commenced by writ. These
See title APPEALS, Civil, VARIETIES OF. petitions are sometimes opposed and some
times unopposed, and sometimes they are
PETITION OF RIGHT. Where a sub . mere matters of course , in which latter
ject claims any realor personal property as case they are called Petitions of Course,
against the Crown, or claims damages and are not usually mentioned in Court,
against the Crown, the proceeding which but are summarily disposed of at the
he is to adopt is a petition of right, the chambers of the judge. Alm ost every
form of which and the procedure under thing that is done on petition may also
which is now regulated in all respects by be done on motion or summons, and the
the stat. 23 & 24 Vict. c. 34 ; the form petition , just like the motion or summons,
of the petition is given in the schedule to must be supported with affidavit evidence,
the Act. The Act, of course , does not proving its allegations. These petitions
enlarge but only simplifies the remedies to the High Court in its Chancery (or any
2 D2
PETITIONS IN CHANCERY - contd . PHOTOGRAPHS, COPYRIGHT IN : See

other) division are either made in a suit or title PAINTINGS, COPYRIGHT IN.
under a statute, or both ; but where no PICKETTING : See title MOLESTATION .
suit is pending and no statute gives the
right of proceeding upon petition, then an PIER : See title HARBOURS,
action is the only course open to the suitor, PIGNORIS CAPIO . Literally, the taking
unless in certain matters regarding infants, of a pledge ; this was one of the old Legis
which may be done on petition without Actiones in Roman Law , and was available
either action or enabling statute. asa summary remedy in certain cases by
PETITIONS OF COURSE : See title PETI military custom , and in a certain few
TIONS IN CHANCERY, other cases by statute. It operated like
PETITIONS TO PARLIAMENT : See title
distraining
See title LEGIS ACTIONES.
PETITION , SUBJECT's Right TO .
PIGNUS: See titles HYPOTHECA ; PLEDGE .
PETTY BAG OFFICE. Is an office
which belongs to the Common Law Courts PILOTAGE. The act of steering or
in Chancery, and out of which all writs guiding a ship by the pilot or helmsman ,
in matters wherein the Crown is interested either during an entire voyage , or on the
do issue. Such writs, and the returns to departure from, or on the approach to , port.
them , were in former times preserved in a The dangerous navigation of the coasts and
little sack or bag ( in parrâ baga ), whereas of the rivers of England has led to the
other writs, relating to the business of the appointment of qualified persons, who re
subject, were originally kept in a hamper, ceive a license to act as pilots within a
or big basket ( in hanaperio ); and thence certain district, and who enjoy the mono
has arisen the distinction of the Hanaper poly of conducting vessels out of, and up ,
Office and the Petty Bag Office, which the various rivers, and to and from the
both belong to the Common Law side of various ports of the country. By different
the Court in Chancery (5 & 6 Vict. c. 103 ). Acts of Parliament the master of every
See title HAXAPER . ship engaged in foreign trade must put bis
ship under the charge of a local pilot so
PETTY JURY : See titles GRAND JURY ; licensed , both in his outward and in his
JURY . homeward voyage. The power of appoint
PETTY LARCENY : See title LARCENY. ing these “ duly licensed pilots " is mainly,
PETTY SESSIONS. A petty session is vested in the corporation of the Trinity
sometimes kept in corporations and counties House , Deptford, whose jurisdiction ex
at large by a few justices periodically for tends from Orfordness to London Bridge,
dispatching the smaller business of the from London Bridge to the Downs, from
neighbourhood between the times of the the Downs westward to the Isle of Wight ;
general sessions; as for licensing ale and all bodies or persons having the power
houses, passing the accounts of the parish of appointment in other places ( as the com
officers, and so forth . A special petty missioners of the Cinque Ports, the Trinity
session (called sometimes a special session ) Houses of Hull, Newcastle, and Liverpool)
may and sometimes must be called to are, to some extent, subject to their
gether (upon due notice to all the magis authority. Home-trade passenger ships,
trates) for the transaction of some particular having a certified master or mate , need
or special subject-matter ( Martin and not employ pilots; and further, a master or
Greenwood ; Stone ).
mate may himself hold a pilotage certificate
See title SESSIONS. (Merchant Shipping Act, 1854, s. 310).
Where the master is bound by Act of
PETTY TREASON : See title TREASON . Parliament to place his ship under the
PEWS. In a church the chief pew in command of a licensed pilot, he is relieved
the chancel belongs to the rector (spiritual from the liability for any damage which is
or lay ), and the disposal of the other pews done by it while" so under the pilot's com
belongs to the ordinary and to the church. mand ; but the master does not enjoy this
wardens as his deputies. The rents and or any exemption from liability, where the
profits derived from the letting of pews are pilotage is not compulsory but voluntary.
applicable firstly to the payment of the The rates of charge for pilotage are re
necessary charges of the church, and gulated partly by statute and partly by
secondly as to the surplus, are payable usage, but also by the corporation of the
to the minister; and this source of the Trinity House ; moreover, all pilotage
minister's revenue is an interest within the authorities are subject to the control of
meaning of the stat. 13 Eliz. c. 20, so the Board of Trade, in common with
as not to be mortgageable (Ex parte most other parts of the Law of Merchant
Arrowsmith, In re Leveson , 8 Ch. Div. 96). Shipping.
PIN -MONEY . An allowance set apart PLACE - BILL -- continued .

by a husband for the personal expenses of sion during thepleasure of the Crown ; the
his wife ; i.e. , for her dress and pocket- Act also obliged every member accepting a
money. It is not a gift from the husband previously existing office to submit himself
to the wife out and out, but is to be con- for re- election , unless the office were merely
sidered like money set apart for a specific a higher commission in the army. Under
purpose ; it is due to the wife in virtue of the Reform Act, 1867 (30 & 31 Vict. c. 102 ),
a particular arrangement, and is payable s. 52, mere removal of a minister from an
by the husband by force of that arrange- office under the Crown to another does not
ment only, and for that specific purpose imposo the necessity of re- election . The
and no other ( Howard v. Digby, 8 Bligh's Place Bill of 1741 excluded from Parlia
Rep. N. R. 269 ). Consequently, if pin- ment a large number of officials and clerks
money should not be duly paid by the in public departments. By the stat. 22
husband, and should be found to be in Geo . 3, c. 45, contractors under Govern
arrear at his death, his wife surviving him ment are disqualified : Taswell -Langmead,
can claim only one year's arrears of it 643-45.
(Aston v. Aston, 1 Ves. Sen. 267 ) ; also, the PLAINT. The instrument or process by
husband may find his wifo in apparel, which actions are commenced in the county
instead of paying her this apparel-money, courts. It has been described as a private
as it may be called (Howard v. Digby, memorial tendered in open court to the
supra ). judge, wherein the party injured sets forth
PIRACY. Is either municipal or inter- bis cause of action ,
national . ( 1.) Municipal piracy is, e.g., See title COUNTY COURTS.
infringement of copyright and such like PLAINTIFF. Is the party instituting an
offences against the municipal law of any action . When the action is against the
particular country. (2. ) International pi- Crown he is called the suppliant ; when the
racy is some offence adequate in degree action is in the form of an information, he
(e.g., robbery ) committed on the high seas is called the informant. He is called peti
by persons not subject at the time to any , tioner in an ordinary petition, and prose
civilized community. Such piracy is justi- cutor in a prosecution .
ciable everywhere. PLANS. Upon the sale of lands a plan
See title REBEL OR BELLIGERENT.
may be (and usually is) so incorporated
PISCARY. The right or privilege of into, as to control, the contract ( Nene
fishing: Thus, free fishery, which is a Valley Drainage v. Dunkley, 4 Ch . Div. 1 ).
royal franchise, is the exclusive right of Old maps, plans, tracings, & c., are fre
fishing in a public river. Common of pis- quently admissible in evidence against
cary is the right of fishing in another (but not, semble, for) persons claiming
man's water. Several fishery resembles free under former proprietors by whose direc
fishery, only that he who has a several tion or_for whose use they were made
fishery must also be (or at least derive his (B. N. P. 283, a) ; also maps, plans, & c.,
right from ) the owner of the soil, which in made or recognised by persons having
a free fishery is not requisite. adequate knowledge, and who were since
See title Fishery . deceased, may be admissible as evidence of
PIX OR PYX JURY. A jury cousisting reputation (R. v. Milton, 1 C. & Kir. 58).
PLEA . Is used in various senses. In
of members of thecorporation ofGoldsmiths
of the city of London, assembled uponan its usual acceptation it signified the defen
answer to the plaintiff's declaration ;
inquisition whether the coin of the realm , dunt's
and when this answer set forth at large or
manufactured at Her Majesty's mint, is of in detail the subject matter of the defence,
the proper or legal standard ; and the jury it was denominated a special plea, in con
appointed for the purpose is called a pix tradistinction to those direct and concise
jury, apparently from a box or box -like answers to the declaration termed the
measure used in assaying the coin. The
legal standard has been fixed at various general issues. The word was also fre
times by statute ; for it seemeth that the quently used to signify suit or action ; thus
royal prerogative doth not extend to either holling pleas meant entertaining or taking
cognizance of actions or suits ; common
debasing or enhancing the coinage (2 Inst. pleas signifying actions or suits between
577 ). Under the Coinage Act, 1870 (33 &
34 Vict. c. 10 ), s. 12, the Crown is autho man and man, as distinguished from such
rized to regulate the trial of the pyx . as were promoted and prosecuted at the
suit of the Crown, which were thence deno
PLACE -BILL. Is the stat . 6 Anne, c. 7, minated pleas of the Crown. At the present
excluding from the House of Commons any day, a plea is used to denote a brief defence
person holding an office created since the to an action or to a counterclaim or other
25th of October, 1705, or receiving a pen- ! pleading. The principal varieties of pleas
PLEA - continued . PLEADING - continued .
are the following :-(1.) Pleas (or tra also notice (unless where the precise form
Vi rses) in denial ; (2. ) Plens in confession or terms of the notice are material) ; so
and avoidance ; (3.) Pleas in justification also the existence of a contract ; so also
and excuse ; and ( 4. ) Pleas in satisfaction the fact of a relation having subsisted be
and discharge. A plea ( unlike a demurrer) tween the parties (Order xix., 24, 25, 26, 27 ).
must be supported by evidence; and ( like Presumptions of law are not to be pleaded
&
a demurrer) it may if allowed put an end (Order xix. , 28).
to the action, or if overruled the defendant
must put in some other defence (if he has PLEADING, DEFAULT OF . For de
any) to the action , otherwise judgment will fault of pleading judgment may be obtained
in certain cases, e.g. S
be given against him .
See title PLEADING . ( a .) Upon plaintiff's default to deliver
PLEA SIDE. The plea side of a Court (when bound to deliver) a state
ment of claim :
meant that branch or department of the (1.) Judgment dismissing action with
court which entertained or took cognizance costs (Order xxix ., 1).
of civil actions and suits, as distinguished (6.) Upon defendant's default to deliver
from its criminal or Crown side. Thus the a defence or demurrer to a fore
Court of Queen's Bench was said to have going statement of claim : either
a plea side, and a Crown or criminal side, (2.) Such judgment as the plaintiff is
the one branch or department of it being entitled to on his statement of
devoted to the cognizance of civil actions, claim ( Order xxix ., 10) ; or
the other to criminal proceedings, and ( 3.) Judgment for the recovery of
matters peculiarly concerning the Crown. land (Order XXIX . , 7), with or
So the Court of Exchequer was said to without mesne profits or arrears
have a plea side and a Crown side, the one of rent (Order XXIX ., 8), and
being appropriated to civil actions, the with or without damages for
other to matters of revenue. And these breach of covenant (Order
distinctions substantially remain. XXIX ., 8) : or
PLEADING . Is the accurate stating of (4.) Judgment for the value of goods
a case (or of the defence to a case ) in a detained (Order XXIX., 4), with
court of justice, civil or criminal. Under or without pecuniary damages
the Judicature Acts, 1873-75, every plead (Order xxix., 4) ; or
ing is to be as brief as the nature of the (5.) Judgment for pecuniary damages
case will admit ( Order xix ., 2), any undue (Order xxix . , 4) ; or
length being visited with costs ; and is to (6.) Judgment for amount of debt or
state facts in a simple and natural but of liquidated damages ( Order
accurate manner, and is not to state evidence XXIX., 2) ;-and
(Order XIX . , 4) or admissions, and is to (c. ) Upon third party's default to deliver
state specifically the relief wanted, but may (when bound to deliver ) any
also ask for general relief (Order xix., 8) . pleading :
Separate and distinct facts, made the basis ( 7.) Such judgment as upon the plead
of separate and distinct claims, are to be ings the opposite party is en
kept separate ( Order xix ., 9). Denials of tiiled to (Order xxix ., 13).
fact are to be substantial and not evasive PLEADING ISSUABLY. Pleading such
denials modo et formâ (if standing alone) a plea as was calculated to raise a material
being deemed evasive (Order xix ., 22). issue either of law or of fact. The defen
No pleading (unless by way of amend dant in an action was entitled, as a matter
ment) is to be inconsistent with a previous of right, to a certain number of days to
pleading of the same party (Order xix., 19 ). plead ; and if he obtained further time,
Pleadings in abatement are abolished it was granted to him only by way of in
(Order xix., 11 ), and where formerly there dulgence, and the Court in so doingusually
would have been a new assignment, there annexed to its order the condition that the
is now to be amendment simply (Order defendant should plead issuably, that is,
xix., 14 ). Special defences must be specially that he should plead a fair and bonâ fide
pleaded, e.g., the statute of limitations plea , as distinguished from one wbich was
(Order xix ., 18), the statute of frauds calculated only to embarrass the defendant ,
(Order xix ., 23), a release (Order xix ., 18), and to retard the progress of the action .
and such like . The effect of documents
At the present day, the annexing of this
is to be pleaded, and not the very words condition is superfluous, because all plead
(unless where the very words are material); ings are now matters of substance.
fraud, malice, & c., are to be pleaded as See title REJOINING GRATIS.
facts simply, without shewing the circum
stances from which they are inferred ; so PLEADING OVER . When a defendant
PLEADING OVER - continued . PLEDGE - continued .

in his pleadings passed by or took no may use the article pledged, if his user
notice of a material allegation in the de- thereof do it no harm , and if he use it
claration , he was said to plead over it. simply to meet the expenses of its custody,
At the present day, such a passing by but not otherwise ( Chitty on Contracts,
would amount to an admission by the 433). Where the pledgee is a pawnbroker,
defendant of the truth of the allegation he is subject to certain statutory restric
passed over, unless the allegation was tions and regulations ( 35 & 36 Vict. c. 93,
purely a matter of law, or was the allega- the Pawnbrokers Act, 1872 ).
tion of something impossible in law. See titles BAILMENT ; MORTGAGE OF
PERSONAL ESTATE ; PAWNBROKERS.
PLEADINGS, DELIVERY OF. The
mutual allegations or statements which PLEDGES. In the ancient law, no per
are made by the plaintiff and defendant in son could prosecute a civil action without
an action are now written or printed and having two or more persons as pledges for
delivered between the contending, parties, the prosecution ; and it judgment was
or to the proper officers appointed to given against the plaintiff, or he deserted
receive them . Under the present practice, his suit , both he and his pledges were
the plaintiff within six weeks after defen- liable to amercement pro falso clamore.
dant's appearance delivers to the defendant In the course of time, however, these
a statement of claim (which is the first pledges were disused, and two fictitious
pleading properly so called ), and the de- persons, John Doe and Richard Roe became
fendant thereafter and within eight days the common pledges of every suitor, and
delivers to the plaintiff his defence ( if since the C. L. P. Act, 1852 , the use of
any) to the claim , and which defence such pledges has been discontinued alto
may or may not be accompanied with a gether.
See title SECURITY FOR Costs .
counter claim against the plaintiff either
alone or in conjunction with other persons ; PLENARTY . Is applied to a benefice
and the plaintiff thereafter and within being full or occupied , and is directly op
three weeks, and any third party there posed to vacation, which signifies a bene
after and within eight days, delivers to the fice being void.
defenda nt hisr reply.
if a rejoinde simply Any fourth
joining pleadin
issue g,
on the PLENARY CAUSES. In the Ecclesiasti
reply, is to be delivered within four days. cal Court causes were divided into plenary
These various times may be extended in and summary. Plenary causes were those
a proper case . The delivery of pleadings in whose proceedings the order and solem
is to be made to the solicitor or to the nity of the law was required to be ex
party ; and in the case of a defendant who actly observed, so that if there was the
has not appeared to the writ of summons, least departure from that order, the whole
the delivery of pleadings to bim is effected proceeuings were annulled . Summary
causes were those in which it was unneces
simply filing
byPLEDGE. same.a person pledges per-
Where sary to pursue that order and solemnity.
sonal property he is called the pledgor, The present distinction between the con
tentious and the non -contentious jurisdic
and he must retleem the property within a tion of the Court of Probate seems to be
reasonable time, otherwise the pledgee (not analogous to this old distinction between
being a regular pawnbroker) may sell upon
due notice, and without the necessity of causes plenary and summary.
obtaining any judicial decree authorizing PLENE ADMINISTRAVIT, PLEA OF.
him to do so . In the absence of express A plea pleaded by an executor or adminis
agreement to the contrary, a pledgee may trator, to the effect that he has fully
even before condition broken deliver over administered , that is , that he has exhausted
the pledge to a purchaser or to a sub- the assets before such action was brought
pledgee ; and in either case, if the thing (Toller's Exec. 267 ).
pledged is a negotiable instrument, the See title QUANDO ACCIDERINT.
pledgor will be bound, but if it be a non
negotiable instrument, the pledgor will be PLIGHT. An old English word, signi
bound only to the extent of the pledgee's fying quality. Thus, to deliver up a thing
own right. Accordingly in the case of a in the same plight and condition, is a
non-negotiable instrument, if the purchaser phrase analogous to the phrase " assemble
or sub-pledgee upon tender to him by the and meet together," the latter of the two
pledgor of the amount due to the original words explaining the former of them, but
pledgee should refuse to deliver up the being otherwise tautological. This use of
pledge to the original pledgor, the original the word " plight” is the same as that
plexigor may have an action of detinue which occurs of the word “ causa " in Just .
against the party so refusing. The pledgee Inst. iv. 17, 3. The word applies to real
PLIGHT - continued . PLUS VALET CONSUETUDO QUAM
and personal property equally, and to any CONCESSIO . This maxim means literally ,
estate, even to a rent-charge or possibility that custom is more powerful than grant.
of dower, in land. Probably, its effect in law is simply this ,
that the words of a deed not being incon
PLOUGH - BOTE. An allowance of wood sistent with the custom will not exclude
which tenants are entitled to, for repairing the custom , which will therefore operate
their implements of husbandry. (see title ExTRINSIC EVIDENCE ). Probably,
PLOWLAND. Was the same as Oxgang. also, the maxim
underlying may furnish the principle
the customary rights of tinners
See title OXGANG . and such like other miners in Cornwall,
&c.,—such customs being concessions from
PLURALITIES. Were forbidden by the the Crown which override all grants to or
Reformation Parliament ( 1529-30), where by private individuals.
the value of the benefice was £8 ; but the See title PACTA PRIVATA JURI PUB
same Parliament reserved power to the LICO , &c.
king to sell dispensations to hold a plural
ity of benefices to various chaplains of the POCKET SHERIFFS . Sheriffs appointed
king, of the nobility, and of officials ; also, by the sole authority of the Crown , without
to the brothers and sons of temporal peers the interposition of the judges , were so
and of knights and to persons holding the called .
degrees of B.D. or D.D. The right to
hold benefices in plurality was further POISONS, SALE OF. Is regulated by
restricted by the stat. 1 & 2 Vict. c. 106, the Pharmacy Act, 1868 (31 & 32 Vict.
and is now regulated by that Act and the c. 121 ), and the stat. 32 & 33 Vict. c . 117,
stat. 13 & 14 Vict. c. 98. amending same; poisons are not to be sold
See title BENEFICES. excepting by duly registered pharmaceu
tical chemists or legally qualified medical
PLURIES WRIT. A writ of summons practitioners, and the vessel or box con
was termed a pluries writ, when two other taining the poison is to be duly labelled
writs had been issued previously, but to no with the distinctive name of the poison
effect ; and it was so termed, because (in and with the word "poison ;" and the pur
allusion to the commands contained in the chaser must be known to the vendor.
two previous writs ) the words ran thus :
“ You are commanded as often you bave POLICE. With reference to police gene
been commanded " (Smith's Action atLaw, rally, these are of various orders. ( 1.) The
63). But the pluries writ was abolished high constable of a county, appointed by
by the C. L. P. Act, 1852 ; and now the the justices of the county at quarter ses
original writ may be renewed before its sions, and not at petty sessions (Reg. v.
expiration under Order vill., 1 . Wilkinson, 10 A. & E. 288) ; (2.) Special
See title RENEWAL OF WRIT. constables who are appointed for cases
of sudden public tumult, or other like
PLUS PETITIO . In Roman Law, was a emergency, under the stats. 1 & 2 Will 4 ,
phrase denoting the offence of claiming c. 41, and 5 & 6 Will. 4, c. 43 ; (3.) County
more than was just in one's pleadings. and district constables, being the regular
This more might be claimed in four dif- officers of police for counties and districts,
ferent respects, viz. , ( 1. ) Re, i.e. , in amount appointed under the stats. 2 & 3 Vict. c. 93,
(e.g., 501. for 5l.) ; (2. ) Loco, i.e. , in place 3 & 4 Vict . c. 88, and 19 & 20 Vict. c. 69 ;
( e.g., delivery at some place more difficult (4.) Parish constables, being principally the
to effect than the place specified ); (3.) officers of police in towns, appointed under
Tempore, i.e. , in time (e.g., claiming pay- the stat. 5 & 6 Vict. c. 109, and some Amend
ment on the 1st of August of what is not ment Acts, and whose duties are regulated
due till the 1st of September) ; and (4.) by the Town Police Clauses Act, 10 & 11
Causâ, i.e., in quality (e.g., claiming a Vict. c. 89 ; and (5.) The Metropolitan and
dozen champagne, when the contract was The City of London Police, which have
only for a dozen of wine generally ). Prior their own special statutes.
to Justinian's time, this offence was in By the constitution of England , every
general fatal to the action ; but under the man is responsible for the preservation of
legislation of the emperors Zeno and Jus- the public peace ; and if any one upon
tinian, the offence ( if re, loco , or causa ) being duly called upon by the magistrates
exposed the party to the payment of three to serve as a special constable refuses to do
times the damage (if any) sustained by the so , the magistrates may and ought to cause
other side, and (if tempore) obliged him to him to be indicted( Reg. v . Vincent, 9 C. &
postpone his action for double the time and P. 91 ). A special constable, when duly
to pay the costs of his first action before appointed, is appointed for an indefinite
commencing a second. time, and until, in fact, his services are
POLICE - continued . PONE, WRIT OF — continued .
either determined or suspended ; and during suits from the Court Baron, or County
the term of his office he has all the au Court, into the superior Courts of Common
thority of an ordinary constable. The Law . It was also the proper writ to re
office, it appears, may be served by deputy move all suits which were before the sheriff
( Rex v. Clarke, 1 T. R. 679) ; but a natu by writ of justicies (Les Termes de la Ley ) .
ralised foreiguer might not serve either as But this writ is now in disuse, the simple
deputy or as principal ( Rex v. Ferdinand order of the High Court made upon sum
de Mierre, 5 Burr. 2787 ) . mons at Chambers being sufficient to effect
See titles ARREST ; CONSTABLE ; WAR a transfer of the action.
RANT.
POLICY OF ASSURANCE : See title IN POOR . Upon the dissolution of the

SURANCE OR ASSURANCE. monasteries in the reign of Henry VIII., it
became necessary to make some provision
POLICY, PUBLIC. Is a circumstance for the poor, as well those who were pro
entering largely into law, sometimes invali. perly called indigent, i.e., unable, even
dating private agreements, at other times with labour, to earn their own livelihood,
forming the ground of relief from fraudu as also those who were properly called poor,
lent transactions. i.e., unable to live without labour. The
POLL. Deeds are sometimes called oldest Poor Law Act (43 Eliz. c. 2) pre
deeds -poll, in contradistinction to deeds serves this distinction ; but abuses arising
indented or indentures ; deeds-poll being out of it, of which the principal oue, per
shaved or polled even . haps, was the extension of out-door relief
See title DEEDS. to able -bodied paupers, the whole system
of Poor Law administration was remodelled
POLLARDS : See title UNDERWOOD.
by the stat. 4 & 5 Will. 4, c. 76, and has
POLLICITATIO . Is an offer of a ten since been still further improved. Under
tative character, falling short of a promise. the stat. 4 & 5 Will . 4, c. 76 , which con
tinued in force until 31st of July, 1847, the
POLLS, CHALLENGE TO : See title administration of relief to the poor through
CHALLENGE OF JURORS. out England and Wales was placed under
POLLUTION PREVENTION ACT. The the control of three commissioners, styled,
statute 39 & 40 Vict. c. 75, called the “ The Poor Law Commissioners for England
Rivers Pollution Prevention Act, 1876, and Wales ; " but under the stat. 10 & 11
prohibits the putting of solid matters of Vict. c. 109, a new board of commissioners,
å deleterious character into streams ; also, styled , “ Commissioners for Administering
the drainage of sewers into streams; but tlie Laws for the Relief of the Poor in
as regards manufacturing and mining pollu England ,” was appointed in their place,
tions, all proceedings are to be instituted by and was invested with all the powers and
some sanitary authority, and no such pro duties of the former commissioners ; the
ceedings are to be taken without the con style has been since altered by the stat.
sent of the Local Government Board ; and 12 & 13 Vict. c. 103, to that of the “ Poor
the Board, in giving or withholding its Law Board , ” and the Board under that
consent, is to have regard to the industrial name has been perpetuated by the stat.
interests involved in the case and to the 30 & 31 Vict. c. 106.
circumstances and requirements of the If an order of the Poor Law Board is
locality. And an inspector of the board questioned , its legality is to be determined
may ( in a proper case) certify that the on removal by certiorari ; and in default of
means used for rendering harmless the such removal, a mandamus will go to en
polluting matter are the best or only prac force it ( Reg. v. Oldham Union (Overseers)
ticable and available means under the cir 10 Q. B. 700).
cumstances of the particular case ; and in Under the stats. 4 & 5 Will . 4, c. 76, and
case of such certificate having been given, 7 & 8 Vict. c. 101 , the Poor Law Board
the Court having cognizance of the alleged may form unions, and may either separate
offence against the Act (i.e. the County parishes from , or add parishes to, existing
Court) is to be concluded thereby. But unions, without the consent of the guar
the civil remedy would not in such a case dians of the union ; and the Board may
be stayed. also direct that there shall be a specified
See titles EASEMENTS ; INJUNCTION ; number of guardians of each union ; but at
NUISANCE. the same time justices residing in extra
POLLUTION OF STREAM : See title parochial places within unions are ex officio
EASEMENTS, sub-title Water. guardians of unions. Generally, the guar
dians act in all matters of importance under
PONE, WRIT OF. An original writ, the sanction only of the Poor Law Board .
formerly used for the purpose of removing The guardians of each union constitute a
POOR — continued . POOR RATE - continued .
corporation , and have power to contract, beneficial character, assuming the contract
without affixing their seal, in all matters of tenancy to be a provident (and not an
necessarily or properly incident to their unprofitable) one ( Rex v.Parrott, 5 T. R.
office ( Pain v. Strand Union (Guardians), 593 ; Reg. v. Vange, 3 Q. B. 255 ) . Under
8 Q. B. 326 ). The clerks of the boards woods productive of profit communibus
of guardians may, although not certificated annis are rateable upon their yearly distri
attorneys, conduct proceedings before jus- butable value (Rex v. Mirfield , 10 East,
tices at petty sessions, and out of session , 219 ). Stock -in -trade and other personal
on behalf of the boards. property is exempt from the poor rate (3 &
Under the stat. 43 Eliz, c. 2, the church- 4 Vict. c. 89 ) ; likewise churches and
wardens of every parish, and four, three, chapels (3 & 4 Will. 4 , c . 30 ). Lands or
or two, substantial householders, to be houses in the occupancy of the Crown or of
nominated by the magistrates, were to be the public are not rateable ( Amherst v.
overseers of the poor ; but under 13 & 14 Somers, 2 T. R. 372 ). The mode of assessing
Car. 2, c. 12, in large parishes there are to the rate is prescribed by the stats. 6 & 7
be two or more overseers for every town- Will . 4, c. 96 ( Parochial Assessment Act),
ship or village ; and by stat. 54 Geo. 3, and 25 & 26 Vict , c. 103 (Union Assessment
c. 91, theappointment is to be annual. Committee Act), and is upon a hypothetical
See title Poor RATE. yearly tenancy, subject to certain allow
ances and deductions,
POOR LAW BOARD : See title Poor. See title RATING .
POOR LAW GUARDIANS. By Gilbert's
Act ( 22 Geo . 3, c . 83) a parish was enabled POPULAR ACTIONS. Such actions as
to appoint guardians of the poor in lieu of are maintainable by any of Her Majesty's
the overseers — these overseers having been subjects for recovery of the penalty in
the parish church wardens together with curred under some penal statute. It is
two, three, or four other substantial house- called a popular action because it is a
holders - and by the Select Vestry Act proceeding which may be taken not by
(59 Geo . 3, c . 12 ), a parish in vestry any one person in particular, but by any
assembled was enabled to commit the of the people who think proper to prose
management of the poor to a committee of cute it. " These are the Publica (i.e., Popu
the parishioners, called a select vestry, lica) Judicia of Roman Law.
which acted as a committee of supervision PORT. A port is a baven , and somewhat
or inspection over the overseers of the more . 1st. It is a place for the arriving and
poor. The present guardians of the poor unlading of ships or vessels. 2nd. It hath
are appointed
property by the parish (owners of
and ratepayers) at the direction a superinduction of a civil siguature upon
of the Poor Law Board under the Poor Law it, somewhat of franchise and privilege.
Amendment Act, 1834 (4 & 5 Will. 4, c. 3rd. It hath a ville, or city , or borough ,
76 ), and the stats. 10 & 11 Vict. c. 109, that is, the caput portus, for the receipt of
and 30 & 31 Vict. c. 106. mariners and merchant-, and the securing
and vending of their goods, and the victu
POOR RATE. By the stat. 43 Eliz. c . 2, alling of their ships. So that a port is
commonly called the Poor Law Act, a rate quid aggregatum , consisting of somewhat
for the relief of the poor was directed to be that is natural , viz. , an access of the sea ,
raised weekly or otherwise by taxation of whereby ships may conveniently come ;
"“ every inhabitant, parson, vicar,and other, safe situation against winds, where they
and of every occupier of lands, houses, may safely lie, and a good shore where
tithes impropriate, or propriations of tithes, they may well unlade; something that is
coal mines, or saleable underwoods in each arıificial, viz., quays, and wharves, avd
parish ;” and by the Rating Act, 1874 ( 37 cranes, and warehouses, and bouses of
& 38 Vict. c. 54 ), the rate has been ex- common receipt; and something that is
tended to all other mines as well . Inhabi- civil , viz., privileges and franchises, viz. ,
tancy within the parish implies permanent jus applicandi, jus mercati, and divers
residence ( including sleeping) therein ( Rex other additaments given to it by civil
v. Nicholson , 12 East, 330 ). Parsons and authority. A port of the sea includes
vicars are liable ( in respect of their tithes ), more than the bare place where the ships
whether they are resident or not ( Reg. v. unlade, and sometimes extends many miles ;
Capel, 12 A. & E. 382). The occupier is as the port of London , in the time of
the tenant, not the landlord (Rex v. Wel- King Edward I., extended to Greenwich ;
bank, 4 M. & Sch. 229 ) ; and any one of and Gravesend is also within the port of
several joint occupiers is liable for the whole London ; so the port of Newcastle takes in
amount (Reg. v. Paynter, 10 Q. B. 908 ). all the river from Sparhawk to the sea
Moreover, the occupation must be of a ( Hale, de Portibus Maris, paro., sec. c. 2 ;
PORT - continued . POSSESSIO CIVILIS - continued .
Hall on the Sea-shore, 2nd ed., by Love thereby become owner ; and as so under
land ). stood , it was distinguished from possessio
See title HARBOURS. naturalis, otherwise called nuda detentio,
PORTION DISPONIBLE. In French which was a possessing without any such
Law , a parent having one legitimate child intention . Possessio civilis was the basis
may dispose of one-half only of his pro of usucapio or of longi temporis possessio,
perty ; leaving two, one-third only ; and and was usually (but not necessarily ) ad
leaving three or more , one-fourth only ; and verse possession .
it matters not whether the disposition is POSSESSIO FRATRIS. Possession or
inter vivos, or by will . seisin of the brother. It used to be a
PORTIONER . When a parsonage is maxim , that possessio fratris facit sororem
served by two, or sometimes three, minis esse hæredem , that is, that the possession
or seisin of a brother would make his sister
ters, alternately, the ministers are termed of the whole blood his heir in preference
portioners, because they receive but a por
to a brother of the half blood. The ques
tion or proportion of the tithes or profits of tion of the possession or seisin of the
the living (Cowel). Also, a child receiving
a portion is a portioner. ancestor is not, since the Descents Act
(3 & 4 Will. 4 , c. 106 ) , of any importance
PORTIONS. Is the name given to those
provisions that are made by will and in in ascertaining who is heir, inasinuch as
the descent is now traced from the last
settlement for the children of the testator
person entitled who did not inherit and
and of the settlor. Owing to the leaning not from the last person seised. There
against double portions, a portion may be was no possessio fratris of a dignity, so
satisfied in whole or in part by a subsequent that a half-brother always succeeded in
legacy (see title SATISFACTION IN EQUITY ). preference to a whole sister.
Where portions are to be raised by sale or See title DESCENTS .
mortgage, they may not be raised until POSSESSIO LONGI TEMPORIS : See title
they are immediately payable (Wynter v. USUCAPIO .
Bold, 1 S. & S. 507 ), unless the words
of the instrument should authorize their POSSESSIO NATURALIS : See title Pos.
earlier raising. SESSIO CIVILIS.
PORTMOTE, or PORTMOOT ( from portus, POSSESSION . As regards lands, posses
a port, and gemote, an assembly ). A Court sion strictly so called was feudal possession,
kept in haven towns or ports (Les Termes i.e. , seisin , which has been defined as pos
de la Ley ). session of a freehold estate . But actual
PORT -REVE ( from port, a haven or possession for a year or term of years was a
harbour, and reve, an officer, minister, or sufficient possession to admit of a release
of the freehold title being made to the
bailiff ). The port-reve was the king's
bailiff, who looked after the customs and lessee for a year or years, whence the con
tolls in the port of London, before they veyance by lease and release. As regards
were let to feefarm . ( Brady on Bor., 16, chattels, possession is mere bodily occupa
fol. ed .) This office, it is believed, is not tion. Dispossession was called ouster of
peculiar to the port of London. the possession .
See titles OCCUPATION ; OUSTER ; SEISIN.
POSSE COMITATUS. The posse comi
POSSESSION MONEY. The man whom
tatus, or power of the county, was the
power given to the sheriff and other of the sheriff puts in possession of goods
the king's officers by Act of Parliament, taken under a writ of fieri facias is entitled
namely , the Statute of Winchester, or whilst he continues so in possession to a
Winton , to compel the attendance of the in certain sum of money per diem, which is
babitants of the county (with some excep thence termed possession money, The
tions ), to assist him in preserving the amount is 38. 6d. per day if he is boarded ,
peace, in pursuing and arresting offenders, or 58. per day if he is not boarded .
and in such like acts where assistance was POSSESSION OF STOLEN GOODS. Being
requisite. The posse comitatus being thus recently after the larceny, would afford a
in a manner organized , was capable of violent presumption that the possessor either
serving as a militia for the defence of the was the thief or was the criminal receiver
country against the Scots and other foreign thereof; but after a long interval, no pre
invaders. sumption of guilt at all arises.
See title ARMY. See title RECEIVING STOLEN Goods.
POSSESSIO CIVILIS. In Roman Law, POSSESSION VAUT TITRE. In English
was a legal possession, i.e., a possessing Law, as in most systems of jurisprudence,
accompavied with the intention to be or to the fact of possession raises a primâ facie
POSSESSION VAUT TITRE - continued . POSTEA. Was a formal statement in
title or a presumption of the right of pro dorsed on the nisi prius record of the pro
perty in the thing possessed ; in other ceedings at the trial. It took up the story
words, possession isas good as title (about). where the nisi prius record terminated.
It was so called because it commenced
POSSESSION, WRIT OF. Is a writ of with the word afterwards ( postea ); and it
execution provided by the Judicature Acts, proceeded to state the appearance of the
1873-75, for the recovery of land. It may parties, and of the judge and jury at the
be in either of two forms, viz., ( 1. ) for the place of trial, and theverdict of the jury
delivery of the possession by a specified on the issues joined (Sm. Action at Law,
person or persons, or 2.) for the recovery 159).
generally of the possession. POSTERIORITY . This is a word of
See title DELIVERY, WRIT OF. comparison and relation in tenure, the cor
POSSESSOR , BONA FIDE : See title relative of which is the word “ priority."
BonÂ FIDE POSSESSIO . Thus, a man who held lands or tenements
of two lords was said to hold of his more
POSSESSOR BONORUM : See title Bono ancient lord by priority, and of his less
RUM POSSESSIO . ancient lord by posteriority (Old Nat.
Bret. 94 ). But the word has also a more
POSSESSORY ACTION . An action
general application in law , and is used as
which has for its object the regaining pos opposed to priority generally.
session of the freehold, of which the de See title PRIORITY .
inandant, or his ancestors, has been
unjustly deprived by the present tenant or POST, CONTRACTS BY : See title OFFER.
possessor thereof. POST LITEM MOTAN :: See title ANTE
See title OUSTER. LITEM МотАм .
POSSIBILITY . An uncertain thing , POST -MAN : See title PRE -AUDIENCE.
which may or may not happen ; such , for POST-NATI, CASE OF THE : See titles
instance, as the chance of an heir apparent ALLEGIANCE ; Calvin's CASE.
succeeding to an estate , or of a relation
obtaininga legacy on the death of a kins POST -NUPTIAL . An agreement entered
man . A possibility is said to be either into by a father after the marriage of his
near or remote ; as for instance, when an daughter, by which he engages to make a
estate is limited to one after the death of provision for her, would be termed a post
another, this is a near possibility ; but that nuptial agreement.
a man shall be married to a woman and See titles FRAUDULENT CONVEYANCES ;
then that she shall die, and he be married MARRIAGE SETTLEMENTS .
to another, this is a remote possibility. POST -NUPTIAL SETTLEMENTS : See
The rule against Perpetuities and the rule titles FRAUDULENT CONVEYANCES ; MAR
against Remoteness are commonly ascribed RIAGE SETTLEMENTS ; TRUSTS.
to the circumstance that the law ( like any
other practical person ) refuses to act or POST-OBIT BOND. A post-obit bond is
decide , i.e., determine, upon a double con an agreement (on the receiptof money ) by
tingency, and waits until the same becomes the obligor to pay a larger sum exceeding
a simple contingency by the happening of the legal rate of interest upon the death
the one event. of the person from whom he, the obligor,
See titles PERPETUITY ; REMOTENESS . has some expectations, if he survive him
POSSIBILITY COUPLED WITH AN ( Chesterfield v. Jannsen, 2 Ves, 157). Post
INTEREST . Is an estate to arise in some
obits are a species of fraud upon third
parties, viz., the decedents, or persons upon
person in esse upon the happening of some whose deaths the money is to become pay
event, the limitation of the estate not being able.
void for offending against the rules of re See title FRAUD.
moteness. It is something like a con
ditional vested remainder, and has been POST OFFICE. This is the office for
( improperly ) called a contingent remainder. the conveyance or transmission of letters
Such an estate was always assignable in through the kingdom from place to place
Equity, and by the stat. 8 & 9 Vict. c. 106, within it, and also to and from foreign
it was made so at law. parts. It was first attempted to be esta
See titles CONTINGENT REMAINDER ; blished by the Long Parliament, in 1613,
PossiBILITY. and was afterwards established by Crom
well, in 1657, and confirmed by the Act
POSSIBILITY OF ISSUE EXTINCT : 12 Car. 2, c. 35. One of the reasons in
See title TENANT IN TAIL AFTER Possi ducing the government of the day to esta
BILITY OF Issue EXTINCT. blish one General Post Office, was the
POST OFFICE continued . POSTULATION . Formerly ,on the occa

facility which it afforded by the opening sion of a bishop being translated from one
of letters of discovering secret conspiracies bishopric to another, he was not elected to
against the government ( 9 Anne, c . 10) ; the new see, for the rule of the Canon Law
and this right of the government has been was electus non potest elegi ; and the pre
tence was, that he was married to the first
reserved in all the subsequent statutes, church , which marriage could not be dis
and is exercised upon a warrant from one
of the principal Secretaries of State. The solved but by the pope: and thereupon be
principal statutes at present in force re (sc. the pope) was petitioned, and consent
garding the Post Office,are : ing to the petition, the bishop was trans
( 1.) 7 Will . 4 & 1 Vict. c. 33, for the lated, and this was said to be by postula
management of the Post Office tion ; but this was restrained by 16 Ric . 2,
and the protection of its exclusive c. 5. (Cowel; Tomlins ).
See title TRANSLATION.
privileges ;
(2. ) 3 & 4 Vict. c. 96, and 10 & 11 Vict. POTESTAS : See titles Manus ; MAN
c. 85, for the establishment of a CIPIUM : PATRIA POTESTAS.
penny postage ; POUND. An inclosure in which things
(3.) 18 & 19 Vict. c . 27, for the trans distrained are placed under the protection
mission of newspapers ; of the law. It might be either an open
(4. ) 23 & 24 Vict. c. 111 , for the sale of pound or a pound close.
postage stamps ; and See titles IMPOUND ; POUND- BREACH.
(5.) 33 & 34 Vict. c. 79, for halfpenny
post-cards. POUNDAGE, SHERIFF'S . Is an allow
POST -OFFICE MONEY ORDERS. The
ance to the sheriff of so much in the pound
upon the amount levied under an execu
issue of money orders by the Post Office is tion . The object of this allowance is to
regulated by the stats . 3 & 4 Vict . c. 96, remunerate thie sheriff for the risk and
s. 38, and 11 & 12 Vict. c. 88, ss. 2-4. trouble which are incident to the perform
POST -OFFICE SAVINGS BANKS. Were ance of his duties. Originally , or at
established by the stat. 9 Geo. 4, c. 92, and Common Law , the sheriff was entitled to
are now regulated partly by that statute no allowance for executing writs, his office
and other statutes, but principally by the being regarded solely as an honorary one,
stat. 24 & 25 Vict. c. 14, by which latter and hence it was that men of wealth and
Act the guarantee of the state is given to substance were usually elected to fill the
the savings depositor for any deficiency in post. In the progress of society, however,
the Post OfficeFund, and a rate of 24per and on the growth of commerce, the duties
cent . per annum was fixed as interest on of sheriffs being attended with considerable
the amount of the deposits. There have expense, and the office thereby becoming
been two more recent statutes bearing upon extremely onerous, the Legislature by dif
the subject, viz. , 26 & 27 Vict. c. 14, and ferent Acts of Parliament (29 Eliz. C. 4 ;
37 & 38 Vict. c. 73, and by the former of 3 Geo. 1 , c. 15 ; and 5 & 6 Vict. c. 98)
these two Acts certain private savings entitled them to certain fees and dues,
banks (commonly called Trustee Sayings amongst which poundage is included .
Banks) may, upon their closing, be ( in POUND - BREACH . Is the act of break
effect) merged in the Post Office Savings ing into a pound or inclosure in which
Banks.
See title SAVINGS BANKS. things distrained are placed under the pro
tection of the law ; and it is an offence in
POSTHUMOUS CHILDREN . Are chil the eye of the law even where the distress
dren en ventre at the date of their title to has been taken without just cause ; for
property accruing . They are considered when once impounded , the goods imme
in law as already born for the purpose of diately are in legal custody. The punish
acquiring the title (10 & 11 Will. 3 , c. 16), ment for such offence varies according to
whether in real or in personal property, the nature of the thing distrained ; but in
but not the interim rents or dividends. case of distress damage feasant, it is, by
POSTLIMINY. In Roman Law, the jus 6 & 7 Vict. c. 30, fixed at a penalty not
postliminii was a rule of law whereby it exceeding £ 5 , and the payment of all
was assumed or feigned (in certain cases) expenses (Co. Litt. 47).
upon a man's recovery of his civil status POURPRESTURE . The wrongful in
that he had never in fact lost it, and the closing another man's property, or the
intervening period was deemed a blank. encroaching or taking to one's self that
It is a species of remitter, and operates a which ought to be in common . It is
sort of relation back . perhaps more commonly applied to an
See titles Jus POSTLIMINII ; REMITTER ; encroachment upon the property of the
RELATION BACK . Crown, either upon its demesne lands, or
POURPRESTURE - continued. POWER — continued .
upon its highways, forests, rivers, harbours, exclusive powers has been altogether
or streets (2 Co. Inst. 38, 271 ). abolished by the Act of 1874.
Powers are otherwise arranged in the
POURVEYANCE : See titles PRE-EMP following threefold division, namely :
Tion ; PREROGATIVE. 1. Powers simply collateral.
POWER . A power is an authority II. Powers not simply collateral, but
which one person gives to another, autho being either
rizing him to act for him , and in his ( 1. ) Appendant, or annexed to an
stead. Powers by the Common Law were estate , or
divided into two sorts, naked powers or (2. ) In gross, not being incident to
bare authorities, and powers coupled with any estate .
an interest. Thus, when a man devises A power simply collateral is one which
that his executors shall sell his land, this is not, and has never been, annexed to an
power is a naked one, that is, the power estate ; all other powers are either so an
which the testator so gives to his executors nexed , or having once been so have become
to sell his land is simply a power, and disannexed , in which latter case they are
does not vest any interest in the land in said to be powers in gross . Where the
the executors ; whereas, if a man devises donee of a power to appoint lands is also
lands to his executors to be sold, this is a the fee simple owner of the lands, he may
power coupled with an interest. The word convey the lands for any estate, either in
power " retains the same meaning when exercise of his power, or in virtue of his
coupled with other words; thus, a power estate ; but having done so in either of
of attorney, or letter of attorney, signifies these two ways, he cannot afterwards make
an authority which one man gives to an any conveyance in the other way, which
other to act for him ; and these powers are would be in derogation of his first con
perhaps of themost frequent occurrence, veyance , which for that reason is said to
being resorted to whenever circumstances have either suspended or extinguished his
are likely to occur to prevent a party doing power, according to the quantity of the
the act desired to be done himself ; as, for estate which he has already created . It
instance, if it were necessary that a person is evident that such extinguishment or
should sign a deed next week, but which suspension applies only to powers appen
he could not do, being obliged to set out dant and neither to powers simply colla
upon a voyage to a foreign country before teral nor to powers in gross. Further, the
that time, in this case he might authorize extinguishment or suspension tak
cise
es place
some other person to do it for him , and only to the extent that the exer of the
the instrument by which he would confer powers would be inconsistent with the
that authority would be a power of attorney. estate which is already gone out of the
4 Cruise, 145. appointor, whether voluntary or involun
A very common class of powers are tary, and not in any case in which their
powers of appointment over property ; and exercise would be consistent with that
such powers are either general or special. estate : see generally Edwards v. Slaing
ter,
Under a general power, the appointor can Tudor's Leading Cases in Conveyanc ,
appoint to any one he pleases, and there pp. 305-329, and notes thereto .
fore even to himself ; consequently the ap See title APPOINTMENT, POWERS OF.
pointor's creditors may seize the lands upon POWER OF APPOINTMENT : See title
execution against, or in the bankruptcy of,
the appointor; and the appointor pays suc CONVEYANCES, sub - title Appointment.
cession duty when he appoints the lands. POWER OF ATTORNEY : See title AT
Under a special power, these respects are TORNEY , POWER OF.
all reversed,-such a power enabling the POYNINGS' LAW . An Act of Parlia
appointor to appoint only within the speci ment made in Ireland in the reign of
fied class of objects, and not being liable
for the appointor's debts. Prior to the Henry VII., by which it was enacted that
Powers Amendment Act, 1874 (37 & 38 all statutes made in England before that
time should be in force in Ireland. It was
Vict. c. 37), special powers, according as so called because Sir Edward Poynings was
they were exclusive or non -exclusive
powers, had to be exercised accordingly lord-lieutenant there at the time it was
made ( 12 Rep . 190 ).
by excluding or not (if so desired ) any See title IRELAND.
of the objects ; but since the appointor
might after 1830 ( 1 Will . 4, c. 46 ) have PRACTICE . The rules and course of
practically treated a non-exclusive power practice of the Courts, for the actual con
as if it were exclusive by cutting off one or duct of litigation to a successful result,
more of the objects with a shilling, the relate to the various matters following,
distinction between exclusive and non that is to say , the commencement of an
PRACTICE-continued. PRÆCIPE, WRIT OF. An original writ

action by the issue of a writ of summons in the alternative, commanding the defen
( its preparation, issue, service, amendment, dant to do the thing required , or to shew
renewal, & c. ), the appearance of the party cause for not doing it . This writ was
defendant or defendants, the pleadings used when something certain was de
( their succession, times of delivery, amend manded by the plaintiff, which it was in
ment, & c .), the choice of parties ( their cumbent on the defendant himself to per
amendment, substitution, addition, & c.), form ; as to restore the possession of land ,
the evidence (virâ voce examinations, de to pay a certain liquidated debt, to per
positions, athidavits, &c. ), the trial ( its form a specific covenant, and the like.
modes, its conduct, &c. ), the judgment ( its PRÆCIPUT CONVENTIONNEL. In
varieties, mode of entering, & c. ), the exe French Law, under the régime en com
cution ( its varieties, its mode of carrying munauté, when that is of the conventional
out, & c .), the costs, the appeal of the case
(with the proper Courts to which , and the kind, if the survivor of husband and wife
times within which, the appeals may be is entitled to take any portion of the
brought), &c., &c. These rules also pre common property by a paramount title and
scribe the matters, principally of a sum before partition thereof, this right is called
mary character incidental to the main by the somewhat barbarous title of the
course of the actiun, which may be done by conventional præciput, from præ , before,
summons, motion, or petition ; also, what and capere, to take.
matters may be transacted at chambers, See title RÉGIME EN COMMUNAUTÉ.
and what only or usually in open Court. PRÆDES LITIS ET VINDICIARUM . In
PRACTICE COURT, QUEEN'S BENCH, the very ancient Roman Law, were the bail
was a Court attached to the Court of (or security) given by a possessor for the
restitution of the land (or other subject
Queen's Bench , and presided over by one matter of the lis ) together with its profits
of the judges of that Court in which
points of practice and pleading were dis ( rindiciæ ) in case of his failure in the
action .
cussed and decided. If any doubt arose in
the mind of the presiding judge as to any PRÆMUNIENTES CLAUSE : See title
question brought before him , he referred CONVOCATION .
the party to the full Court,
See title Bail COURT . PRÆMUNIRE. When any one incurs
PRÆCEPTIONEM , LEGATUM PER : See a præmunire, he incurs the penalty of being
title LEGATORUM GENERA QUATUOR. out of the king's protection, and of having
his property forfeited to the king. It is so
PRECIPE . The word præcipe is now called from the words of the writ prepara
commonly used for a sort of abstract of a tory to the prosecution thereof, viz., “ præ
writ of execution, which is made out on a munire facias," i.e., cause A. B. to be fore
slip of paper and delivered to the proper warned that he appear, &c. This writ
officer at the time of issuing the writ ; and itself is frequently called a præmunire (3
from which abstract or memorandum that Inst. 110).
officer makes his entry in the book kept for There was also a celebrated Statute
that purpose . of Præmunire ( 15 Ric. 2, c. 5 ), which was
See title EXECUTION, WRIT OF. enacted to check the exorbitant power
claimed and exercised by the Pope in
PRÆCIPE IN CAPITE , WRIT OF. When England ; whence the offence of præmu
one of the king's immediate tenants in nire was the particular offence of main
capite was deforced, his writ of right was taining the papal power in England as
called a writ of præcipe in capite. an imperium in imperio. The statute
See title DEFORCEMENT. enacts , that whoever procures at Rome or
PRÆCIPE QUOD REDDAT, WRIT OF. elsewhere any translations, processes, ex
communications, bulls, instruments, or
A writ of great diversity,extending as well other things which touch the king, against
to writs of right as to writs of entry. It him, his crown and realm, and all persons
was sometimes called a writ of right close,
when issuing out of Chancery close ; some aiding and assisting therein, shallbe put
times a writ of right patent, when issuing out of the king's protection, their lands
out of Chancery patent, or open ( Fitz. Nat. and goods forfeited to the king's use, and
Brev. c. 1 ). they shall be attached by their bodies to
See titles Entry, Writ of ; WRIT OF answer to the king and his council, or pro
Right cess of præmunire facias shall be made
out against them , as in any other case of
PRÆCIPE, TENANT TO THE : See titles Prorisors.
FINE ; TENANT TO THE PRÆCIPE. See title PROVISIONS.
PREMUNIRE, STATUTE OF : See title PRE -APPOINTED EVIDENCE - contd .
PRÆMUNIRE . scribed beforehand usually by statute for
the attestation of certain classes of docu
PRESCRIPTIONES. In Roman Law,
were forms of words ( of a qualifying cha ments, e.g., wills.
See title CasuAL EVIDENCE .
racter ) inserted in the formulæ in which
the claims in actions were expressed ; and PRE -AUDIENCE . The precedence of
as they occupied an early place in the being heard, which prevailed at the Bar
formulæ , they were called this name, according to the rank which the counsel
i.e., qualifications preceding the claim. respectively hold , e.g., Queen's counsel
For example, in an action to recover the before junior counsel. In the Court of
arrears of an annuity, the claim was pre Exchequer there are two junior barristers
ceded by the words “ so far as the annuity appointed by the Lord Chief Baron, called
is due and unpaid ," or words to the like the postman and the tub-man ( from the
effect ( " cujus rei dies fuit ” ). places in which they sit), who take pre
PRÆSTARE. In Roman Law , meant to cedence in motions, over other junior
make good, aud when used in conjunction barristers .
with the words dare facere oportere, denoted PREBEND. The rents and profits (præ
obligations of a personal character, as op- benda) belonging to a cathedral church ,
posed to real rights. or the endowment in land or money given
See title REAL ACTIONS. to it for the maintenance of the dean ,
PRÆSTAT CAUTELA QUAM MEDELA . chapter, and spiritual officers connected
Prevention is better than cure ; wherefore therewith. A prebendary, vulgarly called
preventive justice is administered by the a prebend, is one of this ecclesiastical body
Courts, issuing injunctions to prevent the who are so maintained ( Cowel).
continuance or recurrence of damage. PREBENDARY : See title PREBEND.
PRÆTORIAN EDICT : See title EDICT.
PRECARIUM . In Roman Law , was a
PRAYER OF PROCESS . A prayer or species of contract resembling in some re
petition with which the bill in Equity used spects the contract of depositum , but differ
to conclude, to the effect that a writ of ing from it in this respect, viz., that the
subpæna might issue against the defen depository in precarium was the person
dant to compel him to answer upon oath who requested the deposit to be made to
all the matters charged against him in the him, unlike the proper depositum , in which
bill. the depositor was the person making the
See title SUBPCENA, WRIT OF. request. Owing to this difference, the
PREAMBLE OF A STATUTE. The precarium would not classify with the real
introducing clause or section of a statute contracts, but fell into the group of inno
minate contracts.
is so termed . It usually recites the objects See title INNOMINATE CONTRACTS.
and intentions of the Legislature in passing
the statute, and frequently points out the PRECATORY TRUST. Is a trust created
evilsorgrievances whichitwas theobject by certain words,which are more like words
of the Legislature to remedy. Although of entreaty and permission, than of com
the preamble is generally a key to the mand or certainty . Examples of such
construction ( Cracknall v . Janson, 11 Ch . words, which the Courts have held suffi
Div. 22), yet it does not always open or cient to constitute a trust, are “ wish and
5 » «
disclose all the parts of it ; as sometimes request, " " have fullest confidence," " hear
the Legislature, having a particular mis tily beseech ,” and the like. At the present
chief in view ,which was the primaryobject day , the Courts are not disposed ( except
of the statute, merely state this in the under exceptional circumstances) to enlarge
preamble, and then go on in the body of the number of such phrases, so as to create
the Act to provide a remedy for general a trust.
mischiefs of the same kind, but of different
species neither expressed in the preamble, PRECEDENT CONDITION : Sce title
nor perhaps then contemplated by the CONDITIONS, PRECEDENT AND SUBSEQUENT .
framer thereof (Mann v. Cammel, Loft. PRE -CONTRACTS OF MARRIAGE. Con
783). A reference to the preamble is there
fore only an insufficient guide to the true tracts of matrimony whether per verba de
interpretation of the statute. præsentior per verba de futuro will not be
specifically performed , the 27th section of
PRE -APPOINTED EVIDENCE. As op- the Act 4Geo. 4, c. 74, expressly enacting
posed to casual evidence ( i.e.,evidence left that they shall not ; therefore no such
to chance, i.e., to the circumstances occur- pre-contract creates any disability to marry
ing at the time) denotes the evidence pre- another person ( Beachey v. Brown, 29 L. J.
PRE - CONTRACTS OF MARRIAGE - PREFERENCE SHARES — continued .

continued . in the articles of association of the company
Q. B. 105). Damages may, however, be ( Harrison v. Mexican Ry. Co., L. R. 19 Eq.
given for breach of the pre -contract. 368).
See title MarriaGE, BREACH OF PRO PREFERENTIAL DEBTS. Are debts
MISE OF .
payable before others, e.g., in an adminis
PREDECESSOR . Under the Succession tration of the estates of deceased persons,
Duty Act, 1853 ( 16 & 17 Vict. c. 51 ), which and also in bankruptcy, debts owing to the
came into operation on and from the 19th Crown and a few other debts are paid in
of May, 1853, and which applies to all priority to the general debts.
persons becoming entitled to lands or to
possession after the date of the commence
A
personal estates (other than legacies ) in a woman capitally convicted may plead in
stay of execution ; for this, though it is no
ment of the Act by death , a tax is imposed stay of judgment, yet operates as a respite
called Succession Duty, and the rate at of execution until she is delivered .
which the tax is estimated varies with the
See title MATRONS, JURY OF.
relationship or absence of relationship of PREJUDICE , WITHOUT : See title Evi
the successor to the person called his
predecessor ; and the term predecessor is DENCE, sub -title ADMISSIONS.
declared by the Act (s. 2) to be the settlor PREMISES . In a deed, the premises
[disponer), testator, obligor, ancestor, or comprise all that portion which precedes
other person from whom the interest of the the habendum , i.e., the date, the parties'
successor is or shall be derived . ” names and descriptions, the recitals, the
See title SUCCESSION DUTY. consideration and the receipt thereof, the
PRE-EMPTION . ( 1. ) The prerogative grant, the description of the things granted ,
of purveyance, or pre-emption, was a right and the exceptions (4 Cr. Dig. 26). So, in
enjoyed by the Crown of buying up pro pleading, the word is used , in its logical
visions and other necessaries by the inter sense, as signifying foregoing statements
vention of the king's purveyors, for the or previously -mentioned facts. Thus, in
use of the royal household , atan appraised the old declaration in indebitatus assumpsit,
valuation , in preference to all others, and the plaintiff, after alleging that the deten
even without consent of the owners ; and dant was indebted to him in a given sum
also of forcibly impressing the carriages of money, proceeded to state that, in
and horses of the subject to do the king's consideration of the premises, the defendant
business on the public roads, in the con promised to pay him the same. So, again,
veyance of timber, baggage, and the like. in the old declaration for the diversion
This prerogative of the Crown appears to of water from a water -course, the plaintiff,
have been made the occasion of much after stating his right to the enjoyment
abuse in the early reigns, as one of the of the water, and his previous user of the
chief constitutional struggles of the period same, and setting forth the fact and the
was the restriction and regulation of the nature of the diversion, then proceeded to
right. (2.) A right of pre-emption is point out the injurious consequences which
occasionally given in mortgage deeds to had flowed from the previously -stated
the mortgagee, so that in case of a sale of facts, in the following manner : “ And the
the equity of redemption by the mortgagor, plaintiff, by reason of the premises, hath
the mortgagee shall bave the refusal of been deprived of the use , benefit, and
the property ; and in such a case the price advantage of the water of the said water
may ormay not be fixed beforehand ( Orby course.” The common use of the word
v. Trigg, 9 Mod . 2). premises," as in the phrase " eligible
See title MODUS ET CONVENTIO VINCUNT premises,” is derived apparently from the
LEGUM . frequency with which the word is used
PREFER , TO. To bring before, to
in conveyances and leases of lands and
houses.
prosecute, to proceed with . Thus, pre PREMIUMS. The yearly or other peri
ferring an indictment signifies prosecuting
an indictment. odical sums of money payable upon
PREFERENCE, FRAUDULENT : See policies of assurance for the keeping up
title FRAUDULENT PREFERENCE. thereof are so called ; also, a premium is
often paid for the admission of an individual
PREFERENCE SHARES. Are shares into a partnership ( Bluck v. Capstick , 12
in companies, entitled to a preference over Ch. Div. 863) ; and in leases of houses in
the ordinary shares of the company. Pre towns, a premium is often taken , i.e. , a
ference shares cannot be issued , unless lump sum is paid upon giving possession,
there is a power to do so, contained either in addition tothe rent that is to be after
in the memorandum (which is unusual) or wards paid ; but lessors with only a
2 E
PREMIUMS — continued. PRESCRIBE , TO - continued .
qualified rightof leasing cannot usually ground of having hitherto had the unin
bargain for such premiums. terrupted and immemorial enjoyment of it.
See title MINISTERIAL POWERS. See title PRESCRIPTION .
PREROGATIVE . By prerogative is meant PRESCRIPTION . A title which a per
some exclusive pre-eminent power or right.
Thus, the king's prerogative is usually by acquires
sonlong to incorporeal
and continued hereditaments
possession , just as by
understood to be that special pre-eminence long adverse possession he may acquire a
which the king has in right of his regal title, under the Statutes of Limitation, to
dignity. Thus, the power of making war corporeal hereditaments . Every species of
or peace, of making treaties, leagues, and prescrip by which property acquired
is tion
alliances with foreign states and princes ; or lost istion
founded on the presump that
of appointing ports and havens, or such he who has had a quiet and uninterrupted
places only for persons and merchandise possession of anything for a long period of
to pass into and out of the realm as he in
his wisdomn sees proper, are all instances of years is supposed to have a just right
the king's prerogative. Some (but not all ) thereto, without
have been which
suffered right he so
to continue could
longnot
in
of the principal prerogatives of the Crown the enjoyment of it. This mode of acqui
are enumerated in the statute DePrerogativa sition known
was well Roman
in the Law
Regis ( 17 Edw . 2, c. 11 ). The greater part by the name of usucapio, because a person
of early constitutional history consists in who acquired a title in this manner might
the struggles of Parliament to restrain the
royal prerogative (see title CONSTITUTION, 2be &said usu .rem4, capere
3 Will Before the nt
c. 71,. the enjoyme of
Actre
GROWTH OF) . And at the present day the quired in English Law to constitute a pre
law regarding the prerogative exhibits scription must have existed time out of
exactly the reverse peculiarity, viz . , that the mind , or beyond the memory of man , that
Crown may not of its own authority is, before the reign of Richard I.; but now,
diminish its prerogative, although with the period of enjoyment necessary to con
the authority of Parliament it may do so stitute a title by prescription is in many
( Ex parte Eduljee Byramjee, 5 Moo, P. C. cases by the above Act considerably
C. 276). And generally the sovereign may shortene d.
not exercise his prerogative in contrariety See titles COMMONS ; EASEMENTS ;
to the Common Law ; and although he may
LIMITATION OF ACTIONS ; PROFITS
by his prerogative establish Courts to pro PRENDRE
ceed according to the Common Law , he
cannot create any new Court to administer PRESENTATION . The act of a patron
any other law (In re Natal (Bishop), of a living offering or presenting a clerk to
3 Moo. P. C. C. (N.S.) 115 ); because in the ordinary. This is done by a kind of
English Law, equally as in Roman Law, letter from the patron to the bishop of the
the imperial reply holds good ,—that diocese in which the benefice is situated ,
although freed from the laws, yet kings requesting him to admit to the church the
live by the laws ( Et si legibus soluti sumus, person presented (3 Cruise, 14).
attamen legibus vivimus). See title NOMINATION TO A LIVING .
PREROGATIVE COURT: See title COURTS PRESENTATIVE ADVOWSON : See title
ECCLESIASTICAL . ADVOWSON .
PREROGATIVE LAW . That part of PRESENTMENT. In its relation
the Common Law of England which is criminal matters, this word signifies the
more particularly applicable to the king. notice taken by the grand jury of any
Com . Dig. tit. “ Ley." (A ). offence from their own knowledge without
PREROGATIVE WRITS . Are remedies any indictment laid before them . In refer
of an extraordinary kind, granted by the ence to admissions to copyholds, the word
Courts in certain cases, but never as a signifies an information made by the
matter of right, they being a direct inter homage or jury of a Court Baron to the
vention of the Crown with the liberty or lord, by way of instruction , to give the
lord notice of the surre
nder and of what
the property of the subject. The principal has been transacted out of Court (5 Cruise,
writs of this nature are, - ( 1.) the writ of
Procedendo ; ( 2.) the writ of Mandamus ; 542 ). But the necessity of the latter pre
(3. ) the writ of Prohibition ; (4.) the sentment has been abolished by 4 & 5 Vict .
writ of Quo Warranto ; ( 5.) the writ of c. 35 ( see title COPYHOLDS). As applied
Habeas Corpus ; and (6.) the writ of to bills and notes, the word signifies the
Certiorari . presentment of the bill to the drawee for
PRESCRIBE, TO. To assert a right or
his acceptance, or to the accepter of the
bill or maker of the note for his payment
title to the enjoyment of a thing on the thereof when due.
PRESS, LIBERTY OF . Upon the art PRESS, LIBERTY OF — continued .

of printing becoming general, the press tremely severe, any reflection upon the
was subjected to a rigorous censorship ,first Government, or upon ministers, being con
on the part of the Church, and latterly on strued into a reflection upon the king him
the part of the State. Thus, in the reign self, and therefore as a seditious libel.
of Elizabeth , printing wasinterdicted, save This state of the law of libel was rendered
in London, Oxford, and Cambridge. In all the worse by reason of the then doctrine
the reign of James I. the first newspaper of the Common Law , that the jury could
was attempted to be printed, but that king only find the particular fact of publication,
and his successor endeavoured to silence and not a general verdict of libel or no
the same by means of the Star Chamber libel, that matter being left to the judges,
jurisdiction. In 1641 , when the Star who ( as being the servants of the Crown )
Chamber was abolished, newspapers pro- were naturally suspected of being disposed
mised to become more abundant, especially towards the Crown. And although in the
as the mind of the nation was at that time Case of the Seven Bishop8 (1687) , the jury
in a very active and even excited state ; brought in a general verdict of no libel,
but the Long Parliament by various ordi yet that precedent was insufficient of itself
nances endeavoured to restrain printing, at to change the law , more especially as it
least on the part of the Royalist and Pre- was given in bad times. It was left to
latical party. This conduct on the part of Mr. Erskine, in the Case ofthe Dean of St.
the Long Parliament was the occasion of Asaph (1778), to advocate the right of the
Milton's treatise, entitled “ Areopagitica, A jury in actions of libel to find a general
Speech for Liberty of Unlicensed Print- verdict, and to Mr. Fox , in his Libel Act,
ing ." Upon the Restoration, in 1660, the 1792, to confer that right upon the jury.
Licensing Act ( 13 & 14 Car, 2, c. 33) was By a later Act ( 6 & 7 Vict. c. 96 ), it was
passed, which placed printing under the for the first time rendered competent to a
control of the Government, and in particu- defendant, in a criminal inforination, to
lar confined the trade to London, York, plead in defence or justification the truth
Oxford , and Cambridge, limiting also the of the matters published , and that the
number of master printers to twenty ; same were so published for the public
moreover, it imposed the severest and most good .
degrading punishments on offenders against See title LIBEL.
the Act. The Licensing Act expired in PRESSING TO DEATH : See title Perne,
1695, after various periods of renewal, and FORTE ET DURE.
was not again re-enacted ,it having been
the opinion of Scroggs, C.J., and of the PRESUMPTIONS IN CRIMINAL LAW .
twelve other Common Law judges, that Presumptions are admissible in criminal as
the Common Law was sufficient of itself, well as in civil matters, and in fact ( under
and without any statute to repress the the name of circumstantial evidence) are
publication of any matter without the very much used in criminal matters. Such
king's licence, and the liberal opinions presumptions, when of fact, may be either
which sprung up after the Revolution of violent, probable, or slight ' (see title PRE
1688, preferring to entrust the control of SUMPTIONS, QUALITY OF .) The most usual
the press to the ordinary jurisdictions at presumptions of law, in criminal cases are,
Common Law . the presumption of malice from the act of
From this date newspapers rapidly in killing, or from any wrongful act done
creased , and in the reign of Anne began without just cause or excuse ; the pre
to be published regularly, and some even sumption that every man must intend the
daily ; and in that reign they began necessary consequence of his own act ; the
for the first time to combine political dis presumption in favour of the innocence of
cussion with matters of intelligence, and the accused ; all of which presumptions are
were subject only to the two following juris tantum , and may accordingly be re
restraints : butted by the proper evidence.
( 1.) The
which was duty
stamp imposed newspapers,
on for the first PRESUMPTIONS, QUALITY OF. Pre
time in 1712 ; and sumptions are either riolent, or probable,
(2.) The law of libel. or light, according to the amount of weight
These two restraints have been since which attaches to them . Thus, if a land
gradually removed or relaxed : thus,- lord sues for rent due at Micbaelmas, 1879,
( 1.) The tax upon newspapers, which and the tenant cannot prove the payment,
was 4d. in the reign of Anne, was rednced but produces an acquittance for rent due
to ld. in 1836, and was repealed altogether at a subsequent time, in full of all de
in 1855, and ultimately, in 1861 , the duty mands, this is a violent orstrong presump
upon paper also was repealed. tion of his having paid the former rent,
( 2.) The law of libel was at first ex- and is equivalent to full proof. Again , if
2 E 2
PRESUMPTIONS, QUALITY OF - contd . PRESUMPTIVE EVIDENCE - contd .
in a suit for rent due in 1879, the tenant EVIDENCE). The probative force of pre
proves the payment of his rent due in sumptive evidence consists in the chain
1880, this is a probable presumption that constructed out of moral and physical
the rent of 1879 was paid also. Again, coincidences, especially when such co
such presumptions as are drawn from in incidences are of mutually independent
adequate grounds are termed light or rash origin. In criminal law, the conduct of
presumptions, e.g. , the presumption of the accused antecedent to and subsequent to
marriage from brief cohabitation. Pre the commission of the crime, atford pre
sumptions are al: o commonly divided into sumptive evidence of his guilt or inno
( 1. ) Præsumptions juris et de jure, and cence ; also his motions, means, and
(2. ) Præsumptions juris tantum , the former opportunities should not be disregarded ;
class being considered irrebuttable, and the also his previous threats, his previous
latter rebuttable, by contrary evidence attempts, his preparations, and such like,
See titles EVIDENCE ; PRESUMPTIVE are material circumstances affecting the
EVIDENCE . question of his guilt.
PRESUMPTIONS, VARIETIES OF. The See title PRESUMPTIONS, VARIETIES OF.
chief varieties of presumption are-
e- ( 1.) Pre PRÊT, in French Law is a loan , and
sumptions of Law, ( 2.) Presumptions of may be either (a.) Prêt à usage, correspond
Fact, and (33.) Presumptions of mixed Law ing to the commodatum of Roman Law, or
and Fact. ( 1. ) Presumptions of law are (1.) Prêt à consommation , corresponding to
inferences established by the common law the mutuum of Roman Law .
or by statute, and which inferences the See titles COMMODATUM ; MUTUUM .
law peremptorily requires to be drawn ; and PRÊT À CONSOMMATION : See title
in case the jury is directed contrary thereto PRÊT.
or disregards same, a new trial is grantable
ex debito justitiæ ( Haire v. Wilson, 9 B. & PRÊT À USAGE : See title PRÊT.
C. 643 ; Tindal v. Brown, 1 T. R. 167) . PREVIOUS CONVICTION . Under va
These presumptions rest partly on natural rious statutes offenders convicted after a
reason and partly on public policy : some previous conviction are liable to severer
presumptions of law are irrebuttable, and punishment. Thus, by the stat. 7 & 8
are thence called juris et de jure ; others Geo. 4, c. 28, persons convicted of felony
(and the majority) ofthese are rebuttable, after a previous conviction for felony may
and are thence called juris tantum . ( 2. ) be sentenced to penal servitude for life or
Presumptions of fact, called also presump for seven years or more, or to imprisonment
tiones hominis, are e.g., the presumption of for any period not exceeding four years,
conformity with the ordinary course of and ( if a male) to be whipped. Similar
nature, the presumption of virile power provisions are contained in the Larceny
within the recognisel ages, and such like. Act, 24 & 25 Vict. c. 96, ss. 7, 8, and are
And of these presumptions some are violent extended to a conviction after two sum
in their probative effect, some are probable, mary convictions ( s. 9) ; also, in the Coin
some are only slight. (3. ) Presumptions of age Offences Act, 24 & 25 Vict. c. 99,
mixed law and fact consist chiefly of in s. 12, for uttering base coin after a previous
ferences which, from their frequent occur conviction . And under the Habitual
rence or from any other like cause, attract Criminals Act, 1869 (32 & 33 Vict. c . 99) ,
the observation of the law, and therefore 8. 8, persons twice convicted are rendered
are constantly recommended by the judges subject to police supervision . The usual
to be drawn and acted on by juries, e.g. , the evidence of a previous conviction is the
presumption of lost conveyances in favour certificate to that effect of the clerk of the
of long established rights. Where a jury court of the first conviction, and of the
disregards or is misdirected regarding identity of the prisoner.
either a presumption of fact or a presump PREVIOUS QUESTION . In the proce
tion of mixed law and fact, a new trial
may be granted in the discretion of the dure in Parliament, is a method of avoid
Court, but is not ex debito justitiæ . ing a yote. After a debate is closed , or
when there is no debate, the Speaker
PRESUMPTIVE EVIDENCE. Is a phrase ordinarily and as a matter of course puts
commonly used to denote circumstantial the question which has been the subject of
evidence ( see title CIRCUMSTANTIAL Evi debate ; but any member of the House may
DENCE) ; and as so used, it is opposed to intercept this act of the Speaker's by
direct evidence ( see title DIRECT Evi moving the previous question. Members
DENCE). Circumstantial or presumptive desiring to oppose the main question vote
evidence is not of the nature of secondary (curiously enough ) against and not for the
but of primary or original evidence (see previous question ; and if the previous
titles DERIVATIVE EVIDENCE ; PRIMARY question is carried, it is (in effect) lost,
PREVIOUS QUESTION — continued . PRIMATE OF ALL ENGLAND - contd .

and the main question is carried without “ Primate of all England and Metro
further discussion or amendment ; but if politan .” Anciently , indeed , he had
the previous question is not carried, it is primary jurisdiction, not only over all
( in effect ) carried , and the main question England, but in Ireland too ; for Ireland
is lost. May's Parl. Pract. 6th ed. 263-4. had no other archbishop till the year 1152
PRICKING FOR SHERIFFS . Is the
and the Archbishop of Canterbury was
then denominated “ Orbis Britannici Pon
method of electing the sheriffs of the tifex .” But for a long period , up to a
different counties of England . Originally recent date, Ireland had four archbishops,
the sheriff's were chosen by the people in one for each of the four provinces of
their folkmote or county court ; but these Armagh, Dublin , Cashel, and Tuam , all
popular elections were put an end to by of whom were distinguished by the title
9 Edw. 2, stat. 2, and it was enacted that of primate ; but by the recent stats . of
the sheriff's should be assigned by the 3 & 4 Will, 4, c. 37, and 4 & 5 Will . 4,
Chancellor, Treasurer, Barons of the Ex c. 90, the number was diminished to two,
chequer, and the justices; and since the the two others being reduced to the rank
time of Henry VI . it has been the custom of bishops. And by a still more recent Act
for these distinguished and learned per (32 & 33 Vict. c. 42 ), the entire English
sons to meet yearly in the Exchequer hierarchy in Ireland has been abolished .
Chamber on the morrow of All Souls See title METROPOLITAN .
(which day was altered to the morrow of
St. Martin by 24 Geo. 2, c. 48, s. 12 ) and PRIMER FINE. On the levying of a
then and there to propose three persons to fine, when the writ of covenant was sued
the king (or queen) for him or her to ap- out, there was due to the king by ancient
point one of them to be the sheriff, and prerogative a sum of money called the
this they do by marking each name with primer fine, being a noble for every five
the prick of a pin, and for that reason marks of land sued for. It was so called
this particular mode of election is called because there was another fine payable
pricking for sheriffs. afterwards, which was termed the post fine.
See title SHERIFF. See title FINE.
PRIMAGE. A small payment made to PRIMER SEISIN . During the feudal

the master of a vessel forhis personal care tenures, when any of the king's tenants in
and trouble, which he receives in addition capite died seised of lands or tenements,
to his wages or salary, to his own use, the Crown was entitled to receive of the
unless he has otherwise agreed with his heir, if he were of age, a sum of money
employers. This payment is that intended amounting to one whole year's profits of
in the phrase “with primage and average the lands, which was termed primer seisin ,
accustomed . ” It appears to be of very i.e., first possession ( 1 Cruise, 31 ; 2 Inst.
ancient date ; and in the old books is 134).
sometimes called “ hat money, ” and also See title RELIEF.
"la contribution des chausses , ou pot de vin PRIMOGENITURE.
du mâitre.” Kay's Law of Shipmasters. The right of the
See title AVERAGE. eldest son to inherit his ancestor's estates
to the exclusion of the younger sons ; or,
PRIMARY EVIDENCE . As opposed to as the canon of descent has it, " that where
secondary evidence is, e.g., the original there are two or more males, in equal
document itself, and not a copy thereof. degree, the oldest only shall inherit ”
Primary evidence is not the same as direct ( Litt. sec. 5). The law of primogeniture
evidence, nor is secondary evidence the became generally established in England
same as circumstantial evidence; but appa in the reign of Henry III. , in which reign
rently, evidence called primary is so called, also the lineal descent of the Crown to the
because it is to be first used (when it infant issue of an elder brother in prefer
exists and is procurable) before resort is ence to a younger brother of full age was
bad to secondary evidence, which latter established. The county of Kent is still
evidence is only to be secondly used upon an exception , theoretically at least, to the
proof of the loss, destruction, or non -pro law of primogeniture.
curability of primary evidence. See title DESCENTS.
See title EVIDENCE, sub - title PRIMARY
EVIDENCE and SECONDARY Evi PRINCIPAL AND ACCESSORY. A
DENCE . criminal offender is either a principal or an
accessory. A principal is either the actor,
PRIMATE OF ALL ENGLAND . An i.e., the actual perpetrator of the crime
ecclesiastical title belonging to the Arch- (and who is called a principal in the first
bishop of Canterbury, who is styled degree ), or else one who is present, aiding
422
PRINCIPAL AND ACCESSORY - contd. PRINCIPAL AND AGENT - continued .
and abetting the fact to be done ( and who other contracting party may upon discover
is called a principal in the second degree ). ing the principal , debit at his election
An accessory is he who is not the chief either the principal or the agent;
actor in the offence, nor yet present at its (5. ) Where, however, the principal is at
performance, but who is someway con- fault in permitting his agent to act as
cerned in it, either before or after the fact apparent principal,and thereby the other
committed. An accessory before the fact is contracting party is induced to contract
one who, being absent at the time of the with him , the true principal, if he should
commission of a felony, procures, counsels, afterwards intervene , will take subject to
or commands the principal felon to commit all rights or equities, e.g., by way of set
it ; as if several plan a theft, which one is off, which the third party had against the
to execute ; or if a person incites a servant apparent principal ( George v . Clagett,
to embezzle the goods of his master . An 7 T. R. 359 ) ;
accessory after the fact is one who, knowing (6.) Where a person having no authority
a felony to have been committed , receives, as an agent represents himself as agent,
harbours, relieves, comforts, or assists the and in that self -assumed capacity enters
principal or accessory before the fact with into a contract, the other contracting party
a view to his escape (1 Hale, 613 , 618 ). cannot charge the pretended principal
See titles ACCESSORIES; AIDERS AND either upon the contract or at all ; but
ABETTORS.
PRINCIPAL AND AGENT. The English he may charge the assuming agent, not
upo n an, imp
indeed n dtheconexp
upolie trares s war
ct or contra ty tha
ranct, butt
Law adopts the maxim , that what a man he had authority to make the contract, and
does through another person he does for in that way he will make such agent liable
himself ( qui facit per alium , facit per se) , for damages ( Collen v. Wright, 8 E. & B.
and as a rule ( but subject to a few ex- 617) ; and
ceptions, chiefly statutory) what a man ( 7.) An agent who contracts in writing
may do by himself he may also do by should describe himself both in the body
another acting for him ; but the con verse of the instrument and in his signature to
does not hold , that what he cannot do for it, as agent merely for his principal, naming
himself, he cannot do for another ; for in- the latter in both places, otherwise he may
fants and married women , although they (in case of any ambiguity in the instru
cannot bind themselves, may be agents so ment) beheld personally liable (Humfrey v.
as to bind the principal who employs them . Dale, 7 El. & Bl. 266 ; El. Bl . & El. 1004 ;
Agents are either general or special ; Paice v. Walker, L. R. 5 Exch. 173 ) : and
but in either case the authority of the agent he will certainly be personally liable in
is confined by his instructions, whether par- such a case if he names a fictitious prin
ticular or general, and the same rules of cipal.
law apply to both .
These rules are principally the follow- conAn tracti ngr app
office stoted
for oin govternper
is no
res by menson
t all
andy
ing :
(1.) Where an agent contracts within cap
liable upon
acity conbea
( Mac trath Hade
ctsv.ma ldim d,m 1inT.
byanhi tha
R.t
the scope of his authority he binds bis 172).
principal; and if without that scope, then Agency is determined by the death of
he does not bind the latter ;
(2.) Where an agent contracts as princi- Eng lispri
either h Lanci admit
w pal entt;equnor
orofagtha itable
doesextethne
pal he is personally liable ; and, in the sion of the Roman Law, whereby a stranger
case of foreign principals, it is the custom contra cting with the agent in ig no rance
of certain trades to look only to the London of the principal's death was protected , and
agent, who is in fact therefore the priucipal might recover ( Smout v. Ilbery, 10 M. & W.
(Hutton v . Bullock , L. R. 8 Q. B. 331 ; 1 ; Blades v. Free, 9 B. & C. 157). But as
L. R. 9 Q. B. 572 ).
(3.) But in cas
e (2 ), if the principal
is regnard
tio a age
oftysthe factor loasns,
ncy's doe nota now revo
affect
secret thcae
kno wn at the time of the contract to the val idi of the loa n (40 & 41 Vict. c. 39,
other contracti party, who choose there
ng s s. 2 ; and see title ATTORNEY, POWEag R OF ) .
and then to debit the principal , the agent It seems, that in tort there is no ency ,
is not liable ; and , on the other hand, if in other words,both agent and principal
with the like knowledge he there and are equally liable as tort-feasors ( Heugh v .
then debits the agent, the principal is not Abergavenny ( Earl), 23 W. R. 40) .
liable ;
(4.) But if the principal is unknown at
the time of the contract to the other con
PRINCIPAL AND SURETY : See title
tracting party, then, whether the agent SUPR
REIN
TY .TER . Unless he affix his name to
represent himself or not as principal, the what he prints, is incapacitated by the
PRINTER — continued . PRIVATE ACT OF PARLIAMENT-con

statute 39 Geo. 3, c. 79, s. 27, from recover tinued .
ing the price of liis work . Queen's printer's copy is the evidence of a
See titles LIBEL ; PUBLICATION. private Act. The plea of not guilty by
PRIORITY. In equity, and as between statute cannot be pleaded in the case of
equitable claimants, priority of time ( in the private Acts (5 & 6 Vict. c. 97).
absence of other equities) gives priorityof PRIVATE BILLS. All parliamentary
ight or of title , according to the maxim bills which concern only particular or
qui prior est tempore, potior est jure. But private interests are so termed, as dis
in the case of successive assignments of tinguished from such as concern the whole
equitable choses in action, priority of notice community, and which are thence termed
prevails over priority in the date of assign- public bills. In passing public bills, Par
ment. Also, as between registered judg- liament acts strictly in its legislative
ments, the priority of registration prevails capacity , -originating the measures which
over priority in the date of entering up the appear for the public good, conducting
judgment. inquiries, when necessary, for its own in
See titles JUDGMENT DEBTS ; NOTICE ; formation, and enacting laws according to
TACKING ; VENDOR'S LIEN. its own wisdom and judgment ; and all its
PRISONER . Prisoners are of various
proceedings are independent of individual
parties, who may petition indeed, and are
kinds, -either ( 1. ) Prisoners for debt (see sometimes heard by counsel , but who have
title IMPRISONMENT FOR DEBT) ; or ( 2.) no direct participation in the conduct of the
Prisoners awaiting trial for offences either
not bailable or where no bail has been business, nor any immediate influence upon
the judgment of Parliament. In passing
given ; or (3.) Prisoners undergoing sen private bills, Parliament still exercises its
tence .
See titles Gaol DELIVERY ; PRISONS. legislative functions, but its proceedings
partake also of a judicial character, -- the
PRISONS. The Prisons Act, 1877 (40 & persons whose private interests are pro
41 Vict. c. 21), throws the expense of the moted appearing as suitors, while those
maintenance of county and borough gaols who apprehend injury are admitted as
on the public funds, and constitutes a adverse parties in the suit ; and all the
Board of Prison Commissioners in whom formalities of a Court of justice are main
it vests the legal estate in all prisons, and tained , various rules of procedure requiring
at the same time transfers all prisons to to be observed, and their observance to be
the Secretary of State . This Act likewise strictly proved ; and if the parties do not
provides for keeping apart the different sustain the bill or if they abandon it, the bill
kinds of prisoners, e.g., convicts from is lost , however sensible the House may be
prisoners not yet convicted, and debtors of its importance (May's Parl. Pract. 626).
apart from convicts or alleged criminals ; PRIVATE CHAPELS : See titles CHAPELS;
and unnecessary prisons may be discon- PROPRIETARY CHAPELS.
tinued, and set free for other purposes.
Private prisons appear to have been abol PRIVATE WAY : See titles EASEMENT ;
Ways.
ished by stat. 5 Hen. 4, c. 10.
See title Gaols. PRIVATEERING . Consists in private
PRIVATE ACT OF PARLIAMENT. Is individuals, under the lawful commission
an Act affecting particular persons, as of some sovereign, sailing against one or
distinguished from a public Act, which other of two belligerent countries. By the
concerns the whole nation. The statutes treaty of Paris, 1856, privateering was
of the realm are generally divided into abolished as between all the countries who
public and private, - the former being were parties to that treaty ; but the United
States of America was not a party.
universal rules that regard the community See titles FREE SHIPS, FREE Goods ;
at large, and of which the Courts of Law
VISIT AND SEARCH .
take judicial notice; the latter operating
only upon particular persons and private PRIVIES. Persons between whom some
concerns, and of which the judges take no connection exists, as between donor and
judicial notice. donee, lessor and lessee, ancestor and heir,
A private Act is either local or personal, & c . Persons related by blood, as ancestor
a local Act having for its object the and heir,are denominated privies in blood ;
interests of some particular locality, and those related by mere right of repre
a personal Act relating to the interests of sentation , as executors or administrators
some private individual, e.g., an Act for the of a deceased person, are denominated
management of his private estates. All priries in representation, or right; those
Acts are public Acts unless the contrary is connected with each other in respect of
declared (13 & 14 Vict. c. 21, s. 7). The estate, as lessors and lessees, donors and
PRIVIES — continued . PRIVILEGE OF WITNESSES. Usually,
donees, &c. , are denominated pricies in witnesses (and deponents in affidavits) may
estate ; and lastly, those connected by con refuse upon the ground of privilege to
tract only are priries in contract. Between answer questions tending to criminate them ,
lessors and lessees, there is usually privity or to disgrace them, or to subject them
both of estate and of contract; and between to civil proceedings for a penalty or a
the lessor and the assignee, there is usually forfeiture .
privity of estate only (5 Cruise, 158 ; Les See title PRIVILEGE OF PARTIES.
Termes de la Ley).
PRIVILEGED COMMUNICATION . (1.)
PRIVILEGE. Sometimes used in law In actions for libel or slander, one of the
for a place which has some special im most common defences is that of privilege,
munity ; and sometimes for an exemption or that the words spoken or written were
from the rigour of the Common Law , A a privileged communication . The chief
real privilege is that which is granted to a grounds of privilege are the following :
place, a personal privilege that which is (a. ) That the defendant was the master
granted to a person. An instance of the words to
of the plaintiff, and spoke thecontinuing
former kind is the power granted to the bim while that relation was
universities to have Courts of their own ; ( Somerville v. Hawkins, 10 C. B. 583) ;
an instance of the latter kind is the exemp (6. ) That the defendant spoke or wrote
tion of certain persons from being obliged the words as part of a character which he
to serve in certain offices, or to perform was requested to give of the plaintiff
certain duties.
( Fountain v. Boodle , 3 Q. B. 11 ) ;
PRIVILEGE OF PARLIAMENT. Every (c. ) That the words were a fair com
member is entitled to freedom of speech ment upon an author or speaker ( Wason v.
(see title FREEDOM OF SPEECH ) ; and the Walter, L. R. 4 Q. B. 73); and
Crown is not to take any official notice of ( d .) That the defendant had a pecu
unpleasanttruths spoken in Parliament, to niary interest (direct or indirect) in the
the prejudice of the member. A member business with reference to which the words
is also privileged in his speech against all were spoken ( Coxhead v. Rickhards, 2 C. B.
actions for libel or slander. Every mem- 569).
ber used also to enjoy freedom from arrest (2. ) Upon an order to produce documents
(see title FREEDOM FROM ARREST) ; but in an action or other legal proceedings, it
arrest whether on final or on mesne process is a frequent objection to the production of
has now been abolished , even in the case of certain of these that they are privileged
ordinary subjects ( see title ARREST ), with from production . Such privileged com
certain small exceptions, and excepting munications are, for example, communica
always for criminal offences. The House tions between the husband and wife as
of Commons also enjoyed the right of such, and which are privileged from dis
determining on elections (see title ELEC- closure for social and moral reasons ; but
TIONS, COMMONS' RIGHTS IN), but this right they are principally communications made
has been delegated to the election judges. by either party to his or her legal advisers,
And Parliament as a Court has all the as counsel , solicitors, & c. The privilege
rights of the highest Court to commit for does not extend to medical men, nor to
contempt. Protestant clergymen ; but it does extend,
PRIVILEGE OF PARTIES. An accused semble, to Roman Catholic priests . As
person ( or the husband or wife of such regards the professional privilege of com
accused person) is not competent or com munication to legal advisers, theclient may
always waive it ; and when he chooses to
pellable to give evidence for or against insist upon it, he must confine it to com
himself or herself ; but no such privilege munications made to his solicitor, or to his
exists in the case of civil proceedings clerk or agent, or to or by any person
( 16 & 17 Vict. c. 83, s. 4 ; and see 32 & 33
Vict. c. 68) ; or in the case of the bank employed specially by thesolicitor to pro
ruptcy of a husband, his wife being examin cure the communication ( Reid v. Langlois,
1 Mac. & G. 627 ; Anderson v . Bank of
able for the purpose of discovering the pro British Columbia, 2 Ch. Div. 644 ) ; the op
perty of the bankrupt fraudulently disposed posite side having no right to see his adver
of by him or her ( Bankruptcy Act, 1869, sary's brief, neither hasbe any right to see
89. 96, 97) ; or in the case of prosecutions
in the Exchequer for offences against the the materials for that brief. This privilege
does not extend to communications between
revenue laws ( 17 & 18 Vict. c. 122, s. 15 ;
28 & 29 Vict. c. 104, n. 33), which prosecu an agent and his principal, as such, even
tions are declared to be civil proceedings. although litigation is imminent ( Anderson's
Case, supra ). And such communications,
PRIVILEGE, PLEA OF : See titles LIBEL ; when privileged at all, do not lose the
PRIVILEGED COMMUNICATION ; SLANDER. privilege merely because made long ante
PRIVILEGED COMMUNICATION - con PRIVITY OF ESTATE - continued .

tinued . the lessee's assignee is in privity (i.e., con
litem motam ; and, à fortiori, they do not tiguity ) of estate with the lessor ; and on
lose it, if made post litem motam , or con the other hand, the lessee's underlessee is
spectu litis (Minet v. Morgan, L. R. 8 Ch. not in privity (not being in contiguity ) of
App. 361) . estate with the lessor.
See titles ANTE LITEM MOTAM ; LIBEL ; See titles EsTOPPEL ; PRIVIES.
SLANDER, &c. PRIVY COUNCIL. Is the council which
PRIVILEGED DEBTS. Those debts advises the sovereign, and through which
which an executor may pay in preference she (or he) exercises her executive autho
to others ; such as the funeral expenses, rity . Its functions, so far as judicial, are
servants' wages, expenses of medical at exercised by a judicial committee ; and so
tendance incurred during the illness of the far as executive, are exercised by the
deceased , &c. Also, in bankruptcy pro Cabinet Council.
ceedings under the Bankruptcy Act, 1869, See titles CABINET MINISTRY ; JUDI
the following classes of debts are privi CIAL COMMITTEE.
leged, i.e., entitled to priority of pay PRIVY SEAL . Is the seal with which
ment :
( 1.) Parochial, and other all documents are sealed before being sent
local rates ; to the great seal. The keeper of the
to the extent privy seal is a member of the cabinet.
(2.) Assessed taxes ; of one year's See titles GREAT SEAL ; SIGN MANUAL .
(3.) Land tax ;
(4.) Property or income arrears only : PRIVY VERDICT : See title VERDICT.
tax ;
(5.) Wages or salaries of clerks or ser PRIZE. Is booty seized on land or
vants, not exceeding four months' captured at sea in times of war. The
arrears or £ 50 ; and English Court of Admiralty bas always
(6.) Wages of labourers and workmen , had jurisdiction in the matter of naval
not exceeding two months' ar captures; but until the stat. 3 & 4 Vict.
rears . c.matter
65, s. 22,land
it had no jurisdiction in the
of seizures,
or booty Banda
(
PRIVILEGED VILLENAGE : See title and Kirwee Booty Case, Law Rep. 1 A. &
VILLEIN TENURE.
E. 109), but acquired jurisdiction under
PRIVILEGIA . Are particular statutes, that statute .
i.e. , statutes applicable to individuals or to Prize tribunals are a species of interna
a very limited class of persons. The Royal tional tribunals, their sentences being con
Marriage Act is an example (see title clusive evidence upon every matter within
MARRIAGE Act, Royal ). These statutes their respective jurisdictions ( Bolton v.
usually involving a personal incapacity, it Gladstone, 5 East, 155) ; but nothing that
is a general rule Privilegia ne irroganto. rests on mere inference from these sen .
PRIVITY OF CONTRACT. That con tences is conclusive in the same manner
nection or relationship which exists be ( Fisher v . Ogle, 1 Camp. 418). The con
clusive effect of these sentences appears to
tween two or more contracting parties is so arise from the fact that they are not given
termed. It is essential to the maintenance in any litigation inter partes ( the foreign
of an action on any contract, that there state having no locus standi in the Courts)
should subsist a privity between the plain
tiff and the defendant in respect of the nor yet ex parte, but are given in rem ; and
matter sued on ; and the absence of such the sovereign state in which the Court is
privity is fatal to the action ( Baron v. sitting is by means of its Court making an
Husband, 4 B. & Ad. 611 ). But in some inquiry for itself, and adjudicating for itself
cases, where an action of contract will not only; and that state would be answerable
to the injured party, if the adjudication
lie for want of privity , an action of tort should be improperly conducted, or should
(in which privity isnot an essential) will be contrary to theadmitted rules and usages
properly lie (Gerhard v. Bates, 2 El. & Bl. of international law ; for the country of
476). which the injured party is a subject could
See title PARTICULARITY IN TORTS.
take up his case, and assist him towards
PRIVITY OF ESTATE . Privity of estate obtaining redress.
is said to exist between two estates in land See titles IN REM ; MARQUE AND RE
when both estates are acquired bythe same PRISALS, LETTERS OF ; REPRISALS.
conveyance, or the one is derived im
PRIZE TRIBUNALS : See title Prize.
mediately out of the other. Thus, the
successive tenants under a deed of settle PRO CONFESSO . When a defendant
ment are privies in estate ; also, a lessor in a suit in Chancery would not put in his
and his lessee have a privity of estate ; also , answer to the plaintiff's bill, and the
PRO CONFESSO - continued. PROBATE DUTY - continued .
proper means had been resorted to, to such payment. Where mortgage debts are
compel him to do so, and yet he did it secured on leaseholds only, such debts may
not, and would not do it, the plaintiff be deducted from the original valuation ,
might proceed to have the bill taken and probate duty is then only payable on
against him pro confesso (i.e. as confessed ), the balance.
and to obtain a decree in the suit on the See title ADMINISTRATION DUTY.
assumption that the defendant had con PROCEDENDO , WRIT OF. writ by
fessed the truth of the bill; for by his not which a cause which has been removed
answering it, and remaining silent, it was from an inferior to a superior Court by
assumed, reasonably enough , that he con certiorari or otherwise , is sent down again
fessed the truth of its contents.
See titles ADMISSIONS IN PLEADINGS; to the same Court to be proceeded with
PLEADING, DEFAULT OF. there, after it has appeared that the defen
dant had not good cause for removing it,
PRO INDIVISO. The joint occupation (Cowel ; Les Termes de la Ley). The re
or possession of lands; thus lands held by moval of civil actions, and their removal
co-parceners are held pro indiviso, that is, back, would now be effected without re
they are held undividedly , neither party course to any writ of certiorari or of pro
being entitled to any specific portions of cedendo ; but these writs appear to remain
the land so held, but both or all having a in criminal prosecutions, andalso in various
a joint interest in the undivided whole proceedings other than actions.
( Cowel). See title REMOVAL OF ACTIONS.
PRO MAJORI CAUTELÂ. Literally PROCEDURE. This word is commonly
means " from greater caution ; " as where opposed to the sum of legal principles which
some provision is inserted in a legal in constitute the substance of the law , and
strument, which the law would itself imply denotes the body of rules whether of
as being just and equitable under the cir practice or of pleading or of evidence,
cumstances, such a provision is said to be whereby rights are effectuated through the
inserted only pro majori cautelâ . And successful application of the proper re
there are many other like uses of the medies. A great uniformity of procedure
phrase. has been introduced by the Judicature
PRO RATâ. This phrase means “ pro Acts, 1873-5 , and the orders and rules
made thereunder in all civil actions; but
portionately.” Thus, in case of a deficiency the procedure in criminal cases and in
of assets to pay legacies in full, they are civil matters (not being actions), is not
said (being general legacies) to abate pro affected by these Acts or orders or rules.
ratâ, i.e., to diminish proportionately , as See titles CRIMINAL LAW ; EVIDENCE ;
well in regard to the deficiency of assets as PLEADING ; PRACTICE ; &c.
in regard to their respective amounts. So,
under certain circumstances, the payment PROCESS. The word process , in its
of freight is regulated according to the most comprehensive signification, includes
proportion of the voyage performed , i.e., not only the writ of summons, but all other
pro ratâ itineris peracti. writs which may be issued during the pro
PROBATE . The copy of a will or testa gress of an action, and also those writs
ment made out on parchment under the which are used to carry the judgments of
scal formerly of the ordinary, and now of the Court into effect, and which are termed
writs of execution .
the Court of Probate,and usually delivered Original process was the method of com
to the executor or administrator of the
deceased, together with a certificate of the pelling a defendant to appear, when actions
will's having been proved, is commonly were commenced by original writ issuing
called the probate. out of Chancery ; and mesne process was the
See title PROVING A WILL. method of compelling a defendant to com
ply at some other or intermediate stage of
PROBATE DIVISION . That Division the action.
of the High Court of Justice which now See title PROCEDURE .
represents the Court of Probate, PROCHEIN AMY. As an infant cannot
See title COURT OF PROBATE. legally sue in his own name, the suit or
PROBATE DUTY . All wills, where the action must be brought byhis prochein amy,
estate of the testator exceeds £ 100, require i.e., some friend who is willing to take upon
to have the probate of them stamped ad himself the trouble and responsibility. Co.
valorem on the total amount of the personal Litt. 135 b., note ; Cro. Car. 131 .
estate ; but a return of a part of duty will See titles INFANTS ; NEXT FRIEND .
be made after payment of debts, in the PROCLAMATION, ROYAL. A notice
proportion that the estate is diminished by publicly made of anything; or a public
PROCLAMATION , ROYAL - continued . PROCURATOR . In its most general

signification , means anyone who has
declaration of the king's will made to his received a charge, duty, or trust for an
subjects. It was the opinion of Lord other, thus, the proxies of the Lords in
Coke, that proclamations,when grounded Parliament are in the old books called
on the laws of the realm , were of great procuratores ; so also a vicar or lieutenant
force ; and of Blackstone, that proclama was so called, and even the bishops were
tions were binding on the subject when
they did not contradict the laws of the sometimes called procuratores ecclesiarum ;
land, or tend to establish new ones ; and and “ proctor ” is merely an abbreviation
they appear, in fact, to be a proper mode, of procurator, The word " procurator
if not of signifying, at any rate of en was also used for him who gathered the
forcing, the law, and , as such , to be a profits of a benefice for another man, and
the word “ procuracy ” for the writing or
necessary part of the executive, in proper instrument which authorized the procu
cases. They have been used at all times
by all classes of sovereigns, as well those rator to act (Cowel ; Les Termes de la Ley ).
who regarded the constitution as those who In Roman Law, the procurator was a simple
disregarded it. The stat. 31 Hen. 8, c. 8, attorney in an action or prosecution,-of a
gave to the king'sproclamations in eccle less formal kind than the cognitor.
See title COGNITOR .
siastical matters the force of law ; and ,
similarly, Orders in Council made in virtue PROCUREMENT . Means the causing
of any like enabling statute have the force or procuring a thing to be done, whether
of law . civil or criminal. Inferior judges are liable
PROCLAMATION OF A FINE. The to a fine and to pay treble damages to the
notice or proclamation which was made injured party for wilfully procuring the
after the engrossment of a fine, and which institution in their Courts of an action
consisted of its being openly read iu Court against him (13 Edw. 1, c. 36).
sixteen times : viz. four times in the term
in which it was made, and four times in PROCURERS. Persons procuring the
each of the three succeeding terms; which, defilement of girls under twenty - one years
however, was afterwards reduced to one are so called ; and when they effect their
object by false pretences are liable to be
reading in each term . imprisoned for any term not exceeding
See title FINE. two years, with or without hard labour
PROCLAMATIONS BY LORD OF (24 & 25 Vict. c. 100, s. 49).
MANOR . Upon the death of a copy PROCUREUR DU ROI. In French Law
holder, the lord makes three proclama is a public prosecutor, with whom rests the
tions for the heir or devisee to come initiation of all criminal proceedings. In
forward, in order to be admitted, and pay the exercise of his office (which appears to
to the lord the fine to which he has become
entitled ; and failing the heir or devisee to include the apprehension of offenders), he
come forward, the lord may thereafter is entitled to call to his assistance the
public force ( posse comitatus) ; and the
seize the lands quousque. officers of police are auxiliary to him .
See title SEIZURE QUOUSQUE.
PROCTOR . An officer of the Ecclesias PROCUREUR - GÉNÉRAL, ou
O IMPÉ
RIAL. In French Law is an officer of the
tical Courts, while these existed, and now
of the Court of Probate, whose duties Imperial Court, who either personally, or
correspond with those of an attorney or by his deputy, prosecutes every one who is
solicitor in the Common Law Courts ; and accused of a crime according to the forms
in fact all attorneys and solicitors may, of French Law. His functions appear to be
and commonly do, now act as proctors in confined to preparing the case for trial at
the Court of Probate (40 & 41 Vict. c. 25, the assizes, assisting in that trial, demand .
ing the sentence in case of a conviction,
s. 17). and being present at the delivery of the
See title PROCURATOR.
sentence. He has a general superintend
PROCURATION . Indorsing a bill of ence over the officers of police and of the
exchange by procuration, is doing it as juges d'instruction , and he requires from
proxy for or by authority of another. the procureur du roi a general report once
Also, many contracts are entered into per in every three months.
proc., as it is called ; in which case the
agent should describe himself as such both PRODIGUS. In Roman Law , was a
in the body of the document and in his spendthrift, whose extravagance was such
signature to it, otherwise he may be incur as to render him incapable of managing his
ring a personal liability upon it. own affairs, and to require the appointment
See title PRINCIPAL AND AGENT. of a guardian of his estate for his protec
PRODIGUS - continued . PROFITS OR INTEREST — continued .
tiop. He is the lunatic of English Law , require ( Dinham v. Bradford, L. R. 5 Ch.
in the Court of Lunaey. App. 519 ).
See title LuxACY . PROFITS, SHARING : See title Bovill's
PRODUCTION OF DOCUMENTS : See Аст.
titles DISCOVERY ; PeiviLEGED Comutni- PROHIBITION. A writ_issuing pro
CATION .
perly out of the Court of King's Bench,
PROFERT IN CURIA : See title OYER but for the furtherance of justice it may
OF DEEDS AND RECORDS. also be had in some cases out of the Courts
of Chancery, Common Pltas, or Exchequer.
PROFESSIONAL PRIVILEGE. The It is a prerogative writ, and is directed to
privileges which belong to the members of the judge and parties to a suit in any infe
certain professions (e g. clergymen , bar. rior Court, commanding them to cease from
risters, & c.) during such times as they are the prosecution thereof, upon a suggestion
exercising the business of their professions that either the cause originally, or some
are called by this name. Clients in re- collateral matter arising therein , does not
spect of the communications they make to belong to that jurisdiction ,but to the cog
their solicitors or counsel are also privi- nizance of some other Court. No such
leged undercertain circumstances. prohibition will issue after judgment or
See titles BARRISTER ; CLERGYMEN ; sentence unless the want of jurisdiction
PRIVILEGED COMMUNICATION . below appears on the face of the proceed
PROFIT AND LOSS : See title PARTNER ings (Buggin v. Bennet, 4 Burr. 20, 35 ).
SHIP . In early times, the chief use of prohibi.
tion was to restrain the Ecclesiastical
PROFITS À PRENDRE. Are rights of Courts from interfering in matters which
taking some portion of the substance or were properly subject to the jurisdiction of
produce of lands, in which respect they are the Courts of Common Law , whence also
distinguished from easements, which are numerous statutes were passed in aid of
privileges without profit (see title EASE- the Common Law ( see titles ARTICULI
MENTS). They are to all intents and pur- CLERI; CLARENDON, CONSTITUTIONS OF).
poses mere rights of common. And the clergy used to complain, notably
See title Coumon, RIGHT OF. in the reign of James I. during the primacy
PROFITS OR DAMAGES. A patentee of Archbishop Bancroft, that the Common
Law Courts extended their interference
or the owner of a copyright suing for the with the spiritual Courts by means of their
infringement of his patent or copyright is prohibitions too far ( see Case of Prohibi
not entitled both to an account of profits
( for that account amounts to a condonation tions, 12 Rep. 59). But in more modern
of the alleged infringement) and also to an times the uses of writs of prohibition have
inquiry as to damages, but he must elect been chiefly the following :
which he will take ( De Vitre v. Betts, L. R. ( 1.) To commissioners, justices, and in
6 H. L. C. 319). And the rule appears to ferior Courts generally, whether
be the same in the case of the piracy of civil or criminal, for assuming
trade-marks, excepting that in that case unwarranted jurisdiction ;
special damage must be shewn, there being (2.) To Courts ofAppeal, not excepting
even the Judicial Committee of
no property in a trade-mark as there is in
a patent or in a copyright ( Davenporta v. the Privy Council ( Darby v. Co
Rylands, L. R. 1 Eq. 308 ). zens, 1 T. R. 552 ; Ex parte Smyth,
3 A. & E. 719).
PROFITS OR INTEREST. Where trustees The Court of Chancery could properly
use the trust funds in trade, the cestuis que grant a prohibition (as distinguished from 1
trustent have the option in each year of an injunction) during vacation only, and
taking either the profits made from such not during term ; but at the present day
use in the trade during that year or interest although the Queen's Bench Division is
at the rate of five per cent. per annum and remains the proper jurisdiction for
( Docker v. Somes, 2 M. & K , 655). In grantingprohibitions, any of the other di
taking partnership accounts, regard will be visions of the High Courtindifferently may
had to the articles of co-partnership in de- assume the jurisdiction and at any time,
termining what is interest, and what when an application to the Q. B. Div. is
profits ; and the proper mode of ascertain- either inconvenient or impossible.
ing profits is to ascertain the value of the
PROHIBITIONS, CASE OF : See title
partnership property, and then to deduct PROHIBITIONS .
1
the original (or added ) capital of the

partners (with or without interest thereon ), PROJECTED COMPANIES : See title
according as the articles or the case may PROMOTERS.
PROLIXITY . An offence in pleading , PROOF - continued.

and which consists in the absence of con- when in the form of a brief to counsel to
ciseness or terseness. This offence, when examine him from , is commonly called his
very marked , is usually visited with costs. proof.
PROMISE. In law is either express or See titles EVIDENCE ; WITNESSES.
implied. Express, when founded upon the PROOF OF DEBTS IN BANKRUPTCY .
express contract or declaration of the party The creditors of a debtor who has been
promising ; implied, when the promise is made a bankrupt come in and prove their
inferred from his acts, conduct, or peculiar debts in the Court of Bankruptcy, in order
position . Thus, the law will always infer to obtain payment on account thereof pari
a promise by a debtor to pay a debt due to passu and pro ralâ among each other, to
his creditor; and in an action against the the extent of the assets from time to time
debtor for recovery of the debt, such pro- realised . All debts are proveable, other
mise required to be alleged in the declara- and except unliquidated damages for a
tion, although not to be specifically proved ; tort, debts or liabilities contracted by the
but now it need not even be alleged (Order bankrupt subsequently to the date of the
XIX . 28). contractee having notice of any act of
PROMISE OF MARRIAGE : See title bankruptcy available for the adjudication
BREACH OF PROMISE OF MARRIAGE. of bankruptcy, contingent liabilities that
are incapable of being fairly estimated, and
PROMISSORY NOTE . A written instru the like ( Bankruptcy Act, 1869, s . 31 ).
ment by which one person engages or pro- The proving creditor swears an affidavit of
mises to pay a certain sum of money to his debt in a prescribed form, and leaving
another. It in many respects resembles a same with the registrar of the Court or
bill of exchange ; thus, the maker of the (after the appointment of the trustee ) with
note is the ultimate debtor ( combining in the trustee, and the trustee admits or ex
himself the two characters of drawer and punges the proof according to the evidence,
acceptor of a bill of exchange ), the pro subject to an appeal to the Court.
misee is the payee, and he is also the first PROOF PER TESTES : See title TESTES,
indorser ; and indorsements may be either
special or blank, as in the case of a8 bill ; PROOF OF WILL PER.
and just as the acceptor must run after his PROPERTY . A word of almost infinite
bill when it is due, so the maker must run
after his promissory note ; but three days extent, including every species of thing a
man may have an interest in . Thus the
of grace are allowed in the case of notes,
just as in the case of bills, unless the note terms lands, goods, chattels, effects, and,
(or the bill) is payable on demand or (since indeed, almost every term which represents
an object in which a person may acquire an
34 & 35 Vict. c . 74) on presentation or at interest or a right, are included in the word
sight. “ property ” (Doe d. Morgan v. Morgan ,
See title BILL OF EXOHANGE. 6 B.& C. 512) ; and the word “ property
PROMOTERS. ( 1.) Are the individuals occurring in a will is not real property or
who project a company, whether or not personal property, but is either or both in.
they succeed in also launching it success- differently (Ward v. Holderness, 20 Beav.
fully. They are not partners, so as to be 147).
liable each of them for the acts of the other See titles EASEMENT ; Jus IN RE
and others ( Dickinson v. Valpy, 10 B. &C. ALIENÂ ; JUS IN RE PROPRIÂ.

128) ; but they stand in a fiduciary rela PROPERTY TAX . Is the income tax
tion to the company which is afterwards
regarded as arising, or so far as it arises,
established (New Sombrero Phosphate Co. from - lands, tenements, and heredita
v. Erlanger, 5 Ch. Div. 73 ; 3 App. Ca. ments. In the Property and Income Tax
1218) ; and it is in general a term in the Act, 5 & 6 Vict. c. 35, the distinction be
document constituting the company that tween the landlord's property tax and the
the liabilities of the promoters shall be tenant's property tax is taken, the former
taken over by the company (see titles PRO tax being levied in respect of the annual
SPECTUS, FRAUD IN ; ULTRA VIRES). (2.) value ofthe property (at the rate of seven
Are the individuals who " promote " the pence in the pound ), and the latter tax
office of judge in ecclesiastical suits of a being levied in respectof the annual value
quasi-criminal character, these proceedings of the occupation (at the rate of 3 d . for
being taken nominally in the name and England and 2 d. for Scotland in the
under the sanction of the bishop , but effec pound ) The tenant is (by the Act)
tively by the individual prosecuting ( Bishop authorized to deduct this tax paid by him
of Winchester v. Wix , L. R. 3 A. & E. 19). out of his next rent, and he cannot bargain
PROOF. The evidence which a witness away this right of deduction (46 Geo. 3,
is brought forward to give in an action, c. 65, ss. 115 , 195, and above Act of 1812),
PROPERTY TAX - continued . PROSECUTION : See title ACTION OR
there being usually an express covenant in PROSECUTION, WHICH ?
his lease to pay and bear all taxes other PROSECUTOR, PUBLIC : See title PUB
than landlord's property tax, ( i.e. other LIC PROSECUTOR.
than the proportion of property tax which PROSPECTUS, FRAUD IN : See titles
should fall upon the landlord in respect of FRAUD ; FRAUD IN COMPANY LAW.
his property , after allowing for the propor
tion of property tax payable of right by PROTECTED TRANSACTIONS. In bank
the tenant in respect of his occupation ). ruptcy, the order of adjudication when once
Property tax (unlike land-tax ) is a charge made relates back to the act of bankruptcy
on the person, and not on the property ; upon which the petition was founded , and
but the occupier is the first person regarded even to any earlier act of bankruptcy
in the collection of the tax. (within a year from the order) that is stiil
See title INCOME TAX. available as such ; and in this manner
PROPOUNDER OF A WILL. He by many transactions with the bankrupt that
whom it is brought forward, and who seeks have taken place in good faith and for
to obtain for it the probate formerly of the value before the adjudication order are
ordinary or of the Prerogative Court, and comprised within the bankruptcy, and
now of the Court of Probate. This is gene ( but for being by the Bankruptcy Act,
rally the executor ; but if any testamentary 1869, declared protected transactions),
paper be left in the possession of, or mate would be wholly `null and void . There
rially benefits, any other person, it may be are six such protected transactions, viz. :
( 1.) Payments in good faith and for value to
propounded by such person (Wood and the bankrupt; (2.) Payment or delivery of
Others v. Goodlake, lIelps and Others, the bankrupt's own money or goods to him
2 Curt. 84, 95 ).
See title EXECUTOR ACCORDING TO THE by the depositary thereof in good faith ;
TENOR . (3.) Contracts made with the bankrupt in
good faith and for value ; (4.) Transfers,
PROPRIETARY CHAPELS . Are such &c., by the bankrupt of his property to a third
as have been built within time of living person in good faith and for value, and (5.)
memory ; and these, unless when they and (6. ) Executions against land executed
were enabled by statute, could exercise no by seizure and against goods by seizure
parochial rights, and were described by Sir and sale by any creditor in good faith.
John Nicholl to be " anomalies unknown
PROTECTION ORDER . Under the stat.
to the constitution and to the ecclesiastical
20 & 21 Vict. c. 85, 8. 21 , a wife deserted
establishment of the Church of England ”
( 2 Hag . 46). These chapels are now sub by her husband may apply (within the
ject to the Public Worship Regulation Act, metropolitan district) to a police magis
1874 ( 37 & 38 Vict. c . 85 ). trate, and (in the country ), to justices in
See title CHAPELS. petty sessions for a protection order, i.e. for
an order protecting any money or property
PROPRIETATE PROBANDA, WRITto OF.
the
which she may acquire by her own lawful
industry, or which may be otherwise ac
A writ which used to be directed
sheriff, requiring him to inquire whether quired by her after her desertion, against
goods distrained were the property of the her husband and her husband's creditors.
plaintiff,or of the person claiming them . The order when made is to be entered with
This writ issued when to a writ of replevin the County Court registrar of the district
the sheriff returned as his reason for not in which the female resides. The effect of
executing it, that some third person the order is like that of a decree of judicial
claimed a property in the goods distrained separation ,-so far as regards property and
( 2 Arch . Pract. 827 ). The object of this contracts (Martin and Greenwood, 475-6 ).
writ is now obtained by means of a sum PROTECTION , WRIT OF. A preroga
mons to interplead. tive writ which the king might grant to
See title INTERPLEADER .
privilege any person in his service from
PROPRIÉTÉ. In French Law , is the arrest during a year and a day ; this pre
right of enjoying and of disposing of things rogative, however, wasseldom exercised ; it
in the most absolute manner, subject only was formerly the subject of much abuse,
to the laws . whence the frequent complaints regarding
See title PROPERTY . it in the early constitutional period .
PROROGATION OF PARLIAMENT. Is PROTECTOR. By s. 32 of the stat. 3
the termination of a particular session of & 4 Will. 4, c. 74, power is given to any
an existing Parliament, and not the disso- settlor to appoint any person or persons,
lution of Parliament. not exceeding three, to be the protector of
See title DISSOLUTION OF PARLIAMENT. the settlement, and also to perpetuate that
PROTECTOR - continued . PROTEST-continued.

protectorship ; and by s. 33 of the same Thus, when in the House of Lords any
Act, if any protector is a lunatic, idiot, or vote passes contrary to the sentiments of
of unsound mind, the person for the time any of its members, such members may, by
being entrusted by the royal sign manual leave of the House, enter their dissent on
with the care and custody of the persons the journals of the House, with the reasons
and estates of such persons ( being usually of such dissent, and this is styled their
the Lord Chancellor ) is constituted pro protest. So also the term “ protest,” as
tector in the place of such lunatic, idiot, applied to foreign bills of exchange, sig
or person of unsound mind ; or if the pro nifies a solemn declaration by the notary
tector is a convicted felon , or an infant, or that the bill has been presented for accep
it is uncertain whether he is living or dead, tance or payment and dishonoured. So
and generally in the absence of a pro also amongst mariners, a declaration made
tector for other causes, there being a sub on oath before a magistrate or notary public
sisting prior estate , the Court of Chancery in any distant port of the damage likely to
is constituted protector in his stead . How ensue from a ship's delay is termed a
ever, by s . 22 of the Act , it is enacted protest.
that if at the time of a subsisting tenancy See title NOTARY .
in tail under a settlement, there is also PROTESTATION. A particular formula
subsisting under the same settlement in used in pleading was so termed. Thus, in
the same lands, any estate for years deter a demurrer to a bill in the Court of Chan
minable on a life or lives, or any greater
estate ( not being an estate for years sim cery, the form began with a protestation in
this manner : “ This defendant by protes
ply ) prior to the estate tail, the owner of tation not confessing or acknowledging all
such prior estate ( or if there be more than or any of the matters or things in the said
one such , then the owner of the first of bill of complaint contained to be true in
them , being otherwise qualified ) shall be such manner and form as the same are
the protector of the settlement, notwith therein set forth and alleged, doth demur,
standing such owner may have wholly & c.” (Hunter's Suit in Equity, App. p. 275).
alienated his estate, or have incumbered Such a protestation is now unnecessary.
the same ; and by s. 23, each of two or
more persons, co -owners of such prior PROVING A WILL. When the will has
estate, is sole protector in the proportion of the usual attestation clause, it is proved by
his share ; and by s. 24, a married woman the simple oath of the executor, that he
being owner of such prior estate, if settled believes the will to be the true last will ;
to her separate use, is sole protector, and but when the will has not that attestation
if not so settled, is protector together with clause, then in addition to the executor's
her husband . But by ss. 27 and 31 , the oath to the effect aforesaid, there is required
following persons, as such , are not to be also from one of the subscribing witnesses
capable of being protectors, viz., dowresses, an affidavit of due execution by the tes
bare trustees, heirs, executors, administra tator. Probate in either of these forms is
tors, or assigns : but a tenant by the cur called probate in common form . Probate
tesy may be protector (s. 22 ), and also a in solemn form is where both the attesting
bare trustee under a settlement dated on witnesses are sworn and examined , and
or before the 31st of December, 1833. other corroborative evidence is taken , in the
The protector is, in the exercise of his presence of the widow and next of kin ,
own unlimited discretion, to accord or to including the heir . Where the will has
withhold his consent to any disposition of once been proved in solemn form , the pro
an actual tenant in tail ; but once he has bate is not only sufficient but conclusive
accorded same, he cannot afterwards recall proof of the will (20 & 21 Vict. c. 77, s. 26 ) ;
it, s. 44. The protector, by s. 42, is to where the probate has been in common
give his consent either in the deed of dis form , and in some subsequent action affect
position, or by any deed prior to or con ing real estate it is necessary to establish
temporaneous with the deed of disposition, the devise, the plaintiff gives to the defen
the distinct deed (if any such is used ) re dant ten days at least before the trial
quiring to be inrolled in the Court of notice that he intends using at the trial the
Chancery either with or before the inrol probate, and thereupon such probate be
ment of the deed of disposition. The Lord comes sufficient evidence, unless the defen
Chancellor or Court of Chancery may sig dant within four days after receiving the
nify his or its consent by order. notice gives a counter-notice to the effect
See titles CONVEYANCES; DISENTAILING that he disputes the devise (21 & 22 Vict.
ASSURANCE . c. 77, s. 64) ; and in that latter case, it
would be necessary to prove the will as a
PROTEST. In its most general sense substantive independent fact, in accordance
signifies an open declaration or affirmation. with the ordinary rules of evidence.
PROVISIONAL ASSIGNEE . Was an PROVISO - continued .

assignee to whom the property of a bank of that proviso that the mortgagor is em
rupt was assigned until the regular or powered to redeem his estate.
permanent assignees were appointed by the See title PROVISO, TRIAL BY.
creditors . But the 1 & 2 Will. 4 , c. 56,
PROVISO, TRIAL BY. In all cases in
8. 22, and 5 & 6 Vict. c. 122, s. 48, having
enacted that until assignees should be which the plaintiff, after issue joined, did
chosen by the creditors of a bankrupt, the not proceed to trial, when by the course
and practice of the Court he might have
official assignee to be appointed to act with done so, the defendant might, if he wished ,
the creditors' assignees should be enabled give the plaintiff notice of trial, and pro
to act, and should be deemed to be to all
intents and purposes a sole assignee of the ceed to trial, as in ordinary cases; this was
termed a trial by proviso. It was so called
bankrupt's estate and effects, provisional because, in the distringas to the sheriff
assignees ceased to be any longer necessary, there was a proviso that provided two writs
the official assignees acting, in fact, as such should come to his hands he should execute
provisional assignees in all cases. The like one of them only (2 Arch. Prac. 1492–3).
simplification of the bankruptcy law is But as this mode of proceeding was tedious
preserved under the Act of 1869, under
which the registrar of the Court is the and expensive, the defendant in ordinary
official trustee until the Court or the cre cases more usually took proceedings under
the C. L. P. Act, 1852, 8. 101 , to compel
ditors have appointed a particular trustee the plaintiff to proceed to trial.
of the
Seebapkr .
uptBANKRUPTOY
titles PROVISORS, STATUTES OF : See titles
; LIQUIDATION.
BENEFICES ; PROVISIONS.
PROVISIONS. The nominations to
benefices by the pope were so called, and PROVOCATION . Provocation can never
those who were so nominated were termed render homicide either justifiable or ex
provisors. Various statutes were passed in cusable ; at the most, it may reduce murder
the reign of Edward III, forbidding all to manslaughter ( 1 Hale, 466). But if
ecclesiastical persons from purchasing these there be evidence of express malice, or if
the provocation was at an end, the homicide
provisions, in particular, the stats. 25 would be murder, and not manslaughter.
Edw. 3, st. 6, and 27 Edw. 3, st. 1 , wbich
are pre-eminently called the Statutes of The matter alleged as provocation must
consist of some sort of battery, with or
Provisors . without words, and not of words only
See title PRÆMUNIRE .
( Archbold's Crim . Pract. 631-4 ).
PROVISIONS OF OXFORD. Certain PROXY. Votes are usually given either
provisions made in the Parliament of Ox in person or by proxy ; but as regards
ford , 1258, for the purpose of securing the voting by proxy, that is sometimes wholly
execution of the provisions of Magna excluded ( e.g., in parliamentary elections),
Charta , against the invasions thereof by and at other times placed under strict
Henry III .; the government of the country regulations. Every writing constituting a
was in effect committed by these provisions proxy must be in the prescribed form .
to a standing committee of twenty-four, PUBLIC ACT OF PARLIAMENT is an
whose chief merit consisted in their repre
sentative character and their real desire to Act which concerns the whole community,
and of which the Courts of Law are bound
effect an improvement in the king's govern judicially to take notice. See for distinc
ment. tion between a Public and Private Act,
PROVISO . A condition or provision in title PRIVATE ACT OF PARLIAMENT. See
also title PRIVATE BILLS.
serted in deeds, on the performance or non
performance of which the effect of some PUBLIC COMPANY : See title JOINT
clause in the deed frequently depends ; STOCK COMPANIES.
it usually begins with the word "pro
vided ." Thus, in leases there is usually a PUBLIC HEALTH : See titles HEALTH ,
proviso that if the rent be unpaid for the PUBLIC ; SANITARY LAWS.
space of twenty -one days after the day PUBLIC MINISTER . In international
appointed for the payment of it, then it law, this term comprises all the higher
shall be lawful for the lessor to enter into grades of the representatives of foreign
possession of the premises (4 Cruise, 376). countries ; but it does not extend to include
So in mortgage deeds, that part which pro a consul, or even a consul-general, when
vides that on payment of the mortgage acting in the place of an absent minister.
money and interest and costs by the mort
gagor, the mortgagee shall reconvey the PUBLIC MORALS : See title VAGABONDS,
estate to the mortgagor, is termed the pro PUBLIC POLICY : See title POLICY ,
viso for redemption, because it is by virtue PUBLIC .
PUBLIC PROSECUTOR : See title Di- PUBLICATION- continued.
RECTOR OF PUBLIC PROSECUTIONS.
depositi
ons was permitted to be made; after
PUBLIC RIVERS : See titles NAVIGA- which time publication was said to have
66
TION, Public RIGHT OF ; RIVERS. passed .” But the Court would enlarge the
PUBLIC SCHOOLS : See title Schools. time for publication, and latterly even upon
PUBLIC SHIPS : See title EXTRA-TERRI- summ
time ons at cham
for takin bersnce
g evide . The closin
by affida of the
vitg under
TORIALITY ,
the modern practice is the same thing as
PUBLIC WAYS : See titles HIGHWAYS ; the passing of publication under the former.
TURNPIKE ROADS ; WAYS. ( 2.) As applied to actions of libel, pub
PUBLIC WORKS LOANS. Under the lication denotes the writing, sending, or
Public Works Loans Acts, 1875 and 1879 transmitting for insertion in a public print,
(38 & 39 Vict. c. 89 ; 42 & 43 Vict. c. 77), or the
as libellpubli print
ous (cSkipw orth' Reg.vr. alleg
the,matte
ing sofCase Castred
o,
the government may lend public moneys L. R. 9 Q. B. 219 ).
for various purposes of a municipal cha- (3.) As appliedto wills, the phrase pub
racter calculated to ensure the health or lication of will denoted the act of the
comfort of the people or the national wel- testator when he informed the attesting
fare, e.g., the construction of baths and witne of the nature of the document
wash -houses ; docks, harbours, &c.; the they sses
were about to attest. It is no longer
acquisition of cemeteries; the improvement
of towns ; the construction of police stations, necessary ( 1 Vict. c. 26, s. 13).
of labourers' dwellings , museums, &c. , & c. PUBLISH . The publishing of a will
The loan is repayable usually in twenty by a testator signified the declaration
years, and carries interest at or about 5 which be made ( usually at the time of
per cent. signing it) in the presence of a proper
PUBLIC WORSHIP . The statutes re number of witnesses, that it was his last
lating to public worship extend to regulate will and testament. But under the new
the general conduct of such worship (its Wills Act, 1 Vict. c. 26, no such publica
places, times, and celebrants), its services, tion is now necessary to the validity of a
rites, sacraments , and ceremonial, the will, s. 13.
vestments of the clergy and the ornamen- PUBLISHER : See titles LIBEL ; PRINTER .
tation of the church or chancel, &c. The
two principal modern statutes are the PUIS DARREIN CONTINUANCE. By
Church Discipline Act, 1810 ( 3 & 4 Vict. the ancient practice, when adjournments of
C. 86), and Public Worship Regulation Act, the proceedings took place for certain pur
1874 ( 37 & 38 Vict. c. 85 ).- Brice's Public poses from one day or one term to another,
Worship . there was always an entry made on the
PUBLIC WORSHIP REGULATION ACT. record expressing the ground of the ad
This is the stat. 37 & 38 Vict. c. 85, which journment and appointing the parties to
provides for the appointment of a judge of re -appear at another specified day, which
entries continua
calledsuch nces. In and
the
the Provincial Court of Canterbury and intervalswere
between continu ances
York, such judge to assume the duties also
of the official priucipal of the Arches Court the day appointedthe parties were of course
of Canterbury, and generally to try all out of Court, and consequently not in a
alleged offences against the form of public situation to plead . But it sometimes hap
worship as by law established . The Act pened , that after a plea had been pleaded,
does not interfere in any way with the and while the parties were out of Court in
Church Discipline Act, 1840 (3 & 4 Vict. consequence of such a continuance, some
c. 86) . new matter of defence arose which did not
See title PUBLIC WORSHIP , exist before the last continuance, and which
the defenda consequ
ently had had no
PUBLICA JUDICIA : See title POPOLAR opportu nity nt
of pleading before that time.
ACTIONS. This new defence he was therefore entitled,
PUBLICANS : See title LICENSING ACTS. at the day given for his re-appearance, to
PUBLICATION . ( 1.) This word, as
plead,
or as a matterthat
“ since had happen
such last continua " (after
nce ed puis
applied to the depositions of witnesses in a darrein continuance) ; and it was, therefore,
suit in Chancery , signified the right which termed a plea puis darrein continuance.
was exercised by the clerks in Court, or the And under the C. L. P. Act, 1852, s. 69, in
examiner, ofopenly shewing the depositions cases in which a plea puis darrein continu
as taken at the examination of such wit. ance was theretofore pleadable in banc or at
nesses . There was a limited time only, nisi prius, the same defence might be
namely, eight weeks after issue joined, pleaded , with an allegation that the matter
within which this public shewing of the arose after the last pleadling ; but no such
2 F
434
PUIS DARREIN CONTINUANCE - con- PURCHASE - continued .
tinued . blood in general. (2.) That an estate taken
plea was allowed unless accompanied with by purchase does not always make the
an affidavit that the matter thereof arose person who acquires it answerable for the
within eight days next before the pleading acts of his ancestors, wherens an estate
SO
of such plea, or unless the Court or a judge taken by descent invariably does
otherwise ordered ( 2 Arch . Pr. 920). And (2 Cruise, 451 , 452).
is now
that See substant
titles ially
CONTINU ANCE law.
the; FURTHE R DE- PURCHASE - MONEY : See title VENDOR'S
LIEN .
FENCE .
PUISNE . All the common law judges, PURCHASER . In the law of descents
excepting the chiefs , are termed puisne the purchaser is the stock of descent, and
judges; that is, they are subordinate to is by the Act 3 & 4 Will , 4 , c. 106, declared
their respective chiefs, and a puisne mort- to be the last person entitled who did not
gage or incumbrance is one subsequent to inherit, and the last person entitled is
primâ facie the purchaser.
a prior one . See title DESCENTS.
See title MESNE.
PUISNE, MULIER : See title Eigné . PURCHASER FOR VALUE. If without
notice of any prior charge upon or equit
PUISSANCE PATERNELLE. In French able title to the property bought , is not
Law the male parent has the following affected thereby, provided he get in the
rights over the person of his child :-( 1.) If legal estate ; and if he be merely equitable ,
child is under sixteen years of age he may then he is retained in his due posteriority
procure him to be imprisoned for one month to such charge or other equitable title.
or under ; ( 2.) If child is over sixteen and See title NOTICE.
under twenty-one he may procure an in
prisonment for six months or under, with PURE VILLENAGE : See title VILLEIN
power in each case to procure a second TENURE.
period of imprisonment. The female parent, PURGATION : See title COUPURG ATORS.
being a widow, may, with the approval of
the two nearest relations on the father's PURGING A TORT. Is like the ratifi
side, do the like. The parent enjoys also cation of a wrongful act by a person who
the following rights over the property of has power of himself to lawfully do the
his child , viz ., a right to take the income act. " But unlike ratification, the purging
until the child atiains the age of eighteen of the tort may take place even after com
years , subject to maintaining the child and mencement of the action (Hull v. Pickers .
educating him in a suitable manner. gill, 1 B. & B. 282).
See title Patria POTESTAS.
PURPRESTURE, or PURPRESTER : See
PUNISHMENTS. The principal varieties title POURPRESTURE.
of punishments in English Law are death ,
penal servitude ( for life or years), solitary PURVEYANCE . An ancient prerogative
confinement, imprisonment with or with- of the Crown, until resigned by Car. II.
out hard labour, whipping, police super- Under Magna Charta the king was not to
vision, &c. take any one's goods on credit, but was to
pay a fair cash price ; and he was not
PUR AUTRE VIE : See title ESTATE to take any one's carriage or timber unless
PUR AUTRE VIE . by consent of the owner. The prerogative,
PUR CAUSE DE VICINAGE : See title or something analogous to it, would of
course revive in time of war, or upon the
VICINAGE. proclamation of martial law.
PURCHASE . The word “ purchase ” is See title PREROGATIVE .
used in law in contradistinction to descent :
and as so used is any mode of acquiring PURVIEW . The purview of an Act of
real property other than by the common Parliament is that part of it which be 9
gins with the words, “ Be it enacted," &c.

course of inberitance. Thus, if a person
acquires real property by gift, grant, or by (Cowel).
devise, or by any other mode (excepting PUTATIVE FATHER . The alleged or
descent), he is in legal language said to reputed father of an illegitimate child is
acquire such property by purchase. The so ( alled .
difference between the acquisition of an See titles AFFILIATION ORDER ; Bas
estate by descent and by purchase consists TARD.
principally
chase in twoacquires
the estate points : a( 1.)
newThat by pur
inheritable PUTTING IN SUIT. As applied to a
quality, and is descendible to the owner's bond , or any other legal instrument, sig
PUTTING IN SUIT - continued. QUANDO ACCIDERINT, JUDGMENT

nifies bringing an action upon it, or making continued .
it the subject of an action . to the hands of the executor, “ whenever
PYX JURY : See title Pix OR Pyx they may happen " to so come (2 Arch .
JURY. Pract. 1229 ). The plaintiff, having ob
tained a judgment of this sort, may after
warus, upon the assets coming to the de
Q. fendant's hands, proceed against him by
sci. fa. to obtain payment of his debt.
QUE INTER ALIOS ACTA SUNT, &c.: See title PLENE ADMINISTRAVIT , PLEA
See title RES INTER ALIOS ACTA . OF.
QUÆLIBET CONCESSIO FORTISSIME QUANDO ALIQUID CONCEDITUR , &c.

CONTRA DONATOREM INTERPRE Where anything is granted, that also is
TANDA EST. Means literally, that every deemed to be impliedly granted with it
grant is to be construed most strongly without which the principal subjectmatter
against the grantor. This rule is one for of the grant (i.e., the express grant) could
the construction of written documents, but not be enjoyed (id quoque concedi videtur,
it is subject to all the other more pertinent sine quo res ipsa percipi non debeat). When
rules of interpretation, which usually suf mines are granted or reserved apart from
fice without the necessity of resorting to the surface, a right of entry ( in the absence
this maxim , which at best is an unsafe and of other access to them) would be impliedly
desperate resort. granted or reserved .
QUÆSTIONES PERPETUÆ . In Roman QUANDO DUO JURA , &c. When two
Law , were commissions (or Courts ) of in rights concur in one and the same person
quisition into crimes alleged to have been ( in unâ et eâdem persona concurrunt), they
committed. They were called perpetux , to are to be regarded exactly as they would
distinguish them from occasional inquisi be, if centred in different persons (æquum
tions, and because they were permanent est ac si essent in diversis ). This is only
Courts for the trial of offenders . another form of the maxim unus homo
QUAKERS : See titles CHURCH AND sustinet plures personas.
STATE ; DECLARATIONS, STATUTORY ; Dis QUANTUM MERUIT. These words are
SESTERS ; NON - CONFORMISTS.
thus explained by Blackstone ; “ If I em
QUALIFICATION . ( 1. ) The circum ploy a person to transact any business for
stance or group of circumstances whereby me, the law implies that I undertook to
an individual is rendered eligible for a post pay him as much as his labour deserved ;
is called his qualification, e.g., in a case of and if I neglect to make him amends, he
the directors of public and joint stock com has a remedy for this injury by bringing
panies, with whom the possession of a pre his action on the case upon this implied
scribed number of shares is usually made promise ; wherein he is at liberty to suggest
the qualification. (2.) Any incident an that I promised to pay him so much as he
nexed to a right , e g ., an inherent reciprocal reasonably deserved ; ' and this action on
obligation, is also called a qualification of the case is thence termed an action on a
the right. quantum meruit, that is, an action for
See title FEE SIMPLE ESTATES, sub -title breach of my promise to pay him as much
FEE SIMPLE QUALIFIED. as he deserves. Usually, the action on a
QUALIFIED FEE : See title BASE FEE. quantum meruit is brought where the work
undertaken to be done is not completed,
QUAMDIU SE BENE GESSERIT. A but is left incomplete through no fault of
clause frequently inserted in the grant of the doer ; and the plaintiff claims to be
offices, &c . , by letters patent, and signifying paid for the portion done. But this action
that the party shall hold the same“ as long may be excluded by special agreement
as he behaves himself well ” (quamdiu se ( Cutter v. Powell, 2 Sm . L. C. 1 ) . There
bene gesserit) (Co. 4 Inst. 117 ; Cowel ). is also an action on a quantum valebat
Under the Act of Settlement ( 12 & 13 (i.e., as much as it was worth ), being where
Will. 3, c. 2), the judges are made to hold one takes up goods or wares of a tradesman
office upon the like terms, namely, quamdin without expressly agreeing the price ; be
se bene gesserint. cause in such a case the law concludes
QUANDO ACCIDERINT, JUDGMENT. that both parties intentionally agreed that
Judgment of assets quando acciderint is the real value of the goods should be the
a judgment which is sometimes signed price, and therefore an action may be
against an executor, and which empowers brought for the breach of the implied
the party so signing it to have the benefit promise to pay as much for the goods as
of any assets which may afterwards come they are wortli.
2 F 2
QUANTUM VALEBAT : See title Quan- QUARTA - continued .
TUM MERUIT. Roman Law there were the following fourth
QUARE CLAUSUM FREGIT, TRESPASS. parts of distinction, viz . :
That species of the action of trespass which ( 1.) Quarta Antonina,-being the fourth
Jies for an unlawful entry upon another's part of the arrogating father's own pro
land is termed an action of trespass quare perty, which he was compellable to give
clausum fregit ; “ breaking a close " being up to his arrogated son, upon any subse
the technical expression for an unlawful quent causeless emancipation of the son ,
entry upon land . The language of the de- in addition to restoring all the original
claration in this form of action used to be property of the son ;
that the defendant with force of arms (2.) Quarta Legitima,-being the fourth
broke and entered the close ” of the plain- deceased parens, to
part of the estate of aliberi)
tiff; but irrelevant additions are forbidden which his children ( were entitled ,
by the present rules of pleading, and the and which they obtained by (in default of
“ force of arms addition is wholly irrele- other means) the querelade inofficioso, i.e.,
vant to the action , the object of wbich is plaint concerning the unduteous will ;
usually to try a mere right of property in (3.) Quarta Falcidia , | which the
or title to the land or locus in quo. being the fourth part of the hæres was
The foundation of this action is posses- legacies entitled to
sion in the plaintiff, which must be actual, (4.) Quarta Pegasiana,-yretain to
not merely constructive, possession, while being the fourth part of the himself (if
in the action of trespass to personal pro inheritance jhe chose ),
perty, i.e., the action of trespass de bonis before paying over the legacies or handing
asportatis, the foundation of the action is over the inberitance, as the case might be .
either actual or constructive possession .
QUARTER SESSIONS, called also Gene
QUARE EJECIT INFRA TERMINUM . ral Quarter Sessions, are the sessions of the
A writ which lay for a lessee when he was Justices in Countiesand of the Recorder in
wrongfully cast out or ejected from his farm Boroughs, held at four stated periods in
before the expiration of his term, against the year. The business of quarter sessions
the lessor or his feoffee who so ejected him , is partly of a criminal ( extending to offences
to recover the residue of his term, and also of a minor character) and partly of a public
danages for being so ejected ( Cowel; Les civil character ( e.g., extending to questions
Termes de la Ley). concerning roads, bridges ; highway and
QUARE IMPEDIT. The action of Quare other rates, &c.). The public civil business
impedit was the remedy by which a party of the quarter sessions is frequently of an
whose right to a benefice was obstructed appellate character, and usually a further
recovered the presentation, and was the appeal lies to the Queen's Bench Division
form of action constantly adopted to try a of the High Court. The criminal jurisdic
tion is defined by the stat. 5 & 6 Vict. c. 38 ;
disputed title to an advowson ,-i.e., “why but it has since been extended (sometimes
the defendant hinders " the plaintiff in his with and sometimes without the consent of
presentation . But by the C. L. P. Act,
1860, s. 26 , no Quare impedit was to be the prisoner) to many other offences.
See title SESSIONS.
brought after the commencement of that
Act,but the action was to be commenced QUASH. To make void, & c. Thus, to
by the ordinary writ of summons, with an quash a conviction, or an order of sessions,
indorsement thereon that the plaintiff in- &c ., is to annul or cancel same.
tended to declare in Quare impedit ( 1 Arch .
Prac . 2). And that is now the law , except- QUASI -CONTRACT. An implied con
ing that no indorsement of any intention to tract.— There were six of these quasi-con
declare in Quare impedit is now necessary, tracts in Roman Law , namely ,
but only the ordinary indorsement of the (1.) Negotiorum gestorum , -action and
plaintiff's claim . cross-action betweena self - constituted agent
QUARREL. This word is said to extend to the principal in whose absence he had
not only to real and personal actions, but managed his affairs,—for an account and
also to the causes of actions and suits ; so for repayment of necessary expenses ;
that by the release of all quarrels, not only (2.) Tutor cum pupillo , action and
actions pending but also causes of actions cross-action between guardian and wan
and suit are released ; and quarrels, con upon the latter's attaining bis majority, –
for an account and settlement ;
troversies, and debates are in law con
sidered to have one and the same significa (3.) Communi dividundo, – being re
tion ( Co. Litt. 8, 153 ; Les Termes de la (4.) Familiæ Erciscundæ ,- ) spectively
actions between co -owners of an individual
Ley) thing or of a universitas rerum , for an equit
QUARTA . One equal fourth part. In able adjustment of the expenses and profits
QUASI CONTRACT - continued . QUE ESTATE - continued .

incurred upon or growing from the subject mon ), to allege in A.B. a seisin in fee of
matter of the co -ownership, and for a par the land in respect of which the right was
tition thereof; claimed, and then to allege that the said
(5.) Hæres Legatorum Nomine,-being A. B. and all those ( including the plain
the action to which the executor was tiff) who had his estate in the land, had
liable, in order to enforce payment by him from time immemorial exercised the right
to the legatees of their legacies ; and in question, and this was termed prescrib
(6.) Indebiti soluti,-being the action ing in a QUE estate, from the word AND
for the recovery ofmoney paid by mistake, ( que ).
under the belief that it was due, when in
fact it was not. QUEEN ANNE'S BOUNTY . This is a
Maine, in his Ancient Law , objects that perpetual fund for the augmentation of
the implied contracts of English Law are poor livings in the Church of England,
arising out of the revenue of the first fruits
different from thequasi-contracts of Roman which Queen Anne (by charter subse
Law, but his opinion is not correct ; for
theparticular instances of quasi-contracts quently confirmed by stat. 2 & 3 Anne,
in Roman Law as given above are all of c . 11 ) vested in trustees for ever for that
them good as implied contracts in English purpose. Those “first fruits ” having been
Law. It is true,however, that there are in originally a tax levied by the popes upon
Roman Law certain contracts, not being the richer English clergy, formed subse
quasi-contracts, which are implied contracts quently to the Reformation a branch of the
revenue of the Crown ; and , subject to
(tacitè convenire) e.g., in Dig. ii. 14, 4, various alterations in amount, they so re
where a landlord's right to take the furni mained until the reign of Queen Anne,
ture of his tenant in distress for rent is
who did not remit them unconditionally ,
instanced as an implied contract ; and but applied them as being superfluities of
similarly, there are the like implied con the larger benefices to make up the defici
tracts in English Law . encies of the smaller. This fund still
See title IMPLIED CONTRACTS.
exists, and is regulated by a variety of
QUASI- DELICT. In Roman Law was a statutes, of which the principal are, -2 & 3
tort indirectly and not directly occasioned Anne, c. 20, 55 Geo. 3, c. 147, 16 & 17
by the party liable, and which could not Vict. c. 70, and 28 & 29 Vict. c. 69.
be classified either as furtum , rapina, See title ECCLESIASTICAL COMMIS
damnum injuria, or injuria . They were SIONERS .
four in number, viz. : QUEEN CONSORT. Is the wife of the
( 1.) Qui judex litem suam fecit, - being reigning king, as opposed to a queen
the offence of partiality or excess in the dowager, who is the widow of a deceased
judex ( juryman ), e.g., in assessing the king.
damages at a figure in excess of the ex
treme limit permitted by the formula ; QUEEN DOWAGER : See title QUEEN
(2.) Dejectum effusumve aliquid,-being CONSORT.
the tort committed by one's servant in
emptying or throwing something out of an QUEEN REGNANT. By the stat. 1
attic or upper story upon a person passing Mary , s. 3, c . 1 , the powers and dignities
beneath ; vested in a queen are declared to be the
(3.) Damnum infectum ,-being the of same as those vested in a king ; and all
fence of hanging dangerous articles over statutes in which a king is named were
the heads of persons passing along the declared to apply equally to a queen .
king's bighway ; and QUEEN'S ADVOCATE . An advocate
(4.) Torts committed by one's agents of the Civil Law Bar appointed by the
(e.g., stable-boys, shop -managers, & c.) in Crown to maintain its interests and to ad
the course of their employment. vise it in all matters in which the learning
QUASI - ENTAIL : See title ESTATE - TAIL of the Civil Law is involved . Those mat
Quasi. ters include important questions of inter
QUASI -FEE SIMPLE : See title FEE national law, upon which (as in framing
treaties with foreign nations) the counsel
SIMPLE ESTATE QUASI. of the Queen's Advocate is frequently taken
QUE ESTATE. A term used in plead by the government. He now ranks next
ing, the nature of which may be thus ex in dignity to the Attorney -General and
plained. Formerly it was necessary, when Solicitor-General, and formerly, indeed, the
therewas occasion to plead a prescriptive Queen's Advocate took precedence even of
right to any casement,or profit, or benefit them . The Queen's Advocate Used to
arising out of land (as, for example, a pre practise in the Ecclesiastical Courts at
scriptive right of way or a right of com Doctors' Commons, and at the present day
QUEEN'S ADVOCATE - continued . QUI SENTIT COMMODUM SENTIRE
confines his practice, as a rule, to the DEBET ET ONUS - continued .
Courts of Probate, Divorce, and Admiralty. too wide) application in law. The lessee
See titles ADVOCATE -GENERAL ; MAR who enjoys the occupation of lands or
TIAL Law, houses, and his assignets, were respectively
QUEEN'S BENCH , COURT OF : See title liable to the burdens and covenants running
King's BENCH . with the land, i.e., inherent in the subject
matter enjoyed . But a burden not so
QUEEN'S BENCH PRISON. Sometimes inherent should not (as a mere matter of
called the Prison of the Marshalsca of the course or inference of law) attach to the
Court of Queen's Bench , was a prison for enjoyment.
debtors and for persons confined under the See titles RUNNING WITH THE LAND ;
sentence, or charged with the contempt of RUNNING WITH THE REVERSION.
Her Majesty's Court of Queen's Bench .
This prison , the Fleet, and the Marshalsea QUI TACET, CONSENTIRE VIDETUR .
Prisons, were, by the 5 Vict. c. 22 , consoli “Silence is consent." This maxim is of a
dated under the title of the Queen's Prison, very dangerous and limited application ,
which latter was by the above-mentioned because the silence may be otherwise ex
Act appointed to receive all the prisoners plained. But silence, under circumstances
formerly distributed among the three (6 in which it was a duty to speak, may be
Jur. 254 ). fitly construed into consent ; and that
See title PRISONS . seems to be the proper limit of the maxim .
QUEEN'S PROCTOR : See titles PROCTOR ; QUI TAM . Prosecuting a popular action
INTERVENER . for the purpose of ricovering the penalty is
called suing qui tam , because the prosecu
QUEENS REMEMBRANCER : See title tor or informer sues as well for the Crown
REMEMBRANCERS OF THE EXCHEQUER . as he does for himself.
QUEEN'S TAXES : See title ASSESSED See title QUI TAM ACTIONS.
TAXES. QUI TAM ACTIONS. Those kinds of
QUERELA . An action preferred in any popular actions in which one part of the
Court of justice in which the plaintiff was penalty recovered is given to the king, to
querens, or complainant, and his complaint the poor, or to some public use, and the
was querela, whence the use of the word other part to the informer or prosecutor,
“ quarrel ” in law. Quietus esse à querelâ and the Crown, semble, is not able to remit
sometimes meant to be exempted from the the penalty in such cases, so far as it
customary fees paid to the king or lord of accrues to the informer, unless expressly
a Court for liberty to prefer such an action ; authorized by statute so to do (38 & 33
but more commonly it meant to be freed Vict. c. 80) . It is called a qui tam action,
from the fines or amercements which would because it is brought by a person " qui tam
otherwise have been imposed upon the ex pro domino rege, &c. , quam pro se ipso in
empted person for trespasses and such like hac parte sequitur ” ( i.e., who sues as well
offences. (Cowel.) for our lord the king as for himself). The
QUI FACIT PER ALIUM , FACIT PER Case of Thomas v. Sorrell ( Vaughan ), which
SE : See title PRINCIPAL AND AGENT. is otherwise famous as having first stated
the true nature and limits of the king's
QUI HÆRET IN LITERÂ, HÆRET IN dispensing power, was a qui tam action .
CORTICE. This is a maxim of construction, See title DISPENSING POWER.
and literally interpreted means, that he QUI TARDIUS SOLVIT MINUS SOLVIT .
who sticks at the letter sticks in the bark,
He who pays after the day, pays less than
scil. and does not penetrate to the real if he paid at the day. This maxim lies at
content or heart of the document, i.e., to its the root of interest on money lent.
real signification. See title Mora.
QUI PRIOR EST TEMPORE POTIOR QUIA EMPTORES. The stat. 18 Edw. 1,
EST JURE. This is a maxim of equity , c. 1 , is so called from the words with which
and is to this effect, viz., that priority in it begins, viz., Quia emptores, meaning
time gives priority of title, when the legal whereas purchasers, &c. This statute took
estate is outstanding, or all the equities from the tenants of common lords the
between the parties (other than the equity feodal liberty they claimed of disposing of
of time) are equal. part of their lands to hold of themselves,
See title PRIORITY.
and instead of it gave them a general
QUI SENTIT COMMODUM SENTIRE liberty to sell all or any part, to hold of
DEBET ET ONUS. He who enjoys the the next superior lord , which they could
benefit ought to bear the burden also . not have done before without consent
This maxiin is one of very wide (often of (Wright's Ten . 161 ; 4 Cruise, 6). The
QUIA EMPTORES — continued . QUO MINUS, WRIT OF - continued .

effect of the statute was twofold—( 1 .) To which formerly lay for one who had a grant
facilitate the alienation of fee simple of house-bote and hay-bote in another
estates ; and (2. ) To put an end to the man's woods against the grantor for making
creation of any new manors, i.e. , tenancies such waste as interfered with the grantee's
in fee simple held of a subject. enjoyment of his grant (Cowel).
See title ALIENATION . See title FICTIONS.
QUIA TIMET, BILL : See title Bill QUIA QUO WARRANTO, CASE OF. The case
Timer. which is pre eminently so called was a case
brought in 1681 by the Attorney -General,
QUID PRO QUO. Used in law for the on behalf of the king against the corpora
giving one valuable thing for another. It tion of the City of London , alleging
is nothing more than the consideration breaches of trust in the officers of the cor
which passes between the parties to a con poration and seditious opposition to the
tract, and which renders it valid and Crown, and requiring the City to shew the
binding. ( Cowel.) tenure of its liberties, with a view to the
QUIDQUID PLANTATUR SOLO, SOLO justification of its proceedings. The of
CEDIT . Whatever is annexed to , becomes fence alleg
s ed were, -
incorporated in , the soil. This maxim lies ( 1. ) That the City had imposed taxes
at the root of the law of fixtures. without authority ; and
See title FIXTURES. (2.) That the City had concocted sedi
tious petitions to the king.
QUIET ENJOYMENT, COVENANT FOR. Judgment was given for the Crown, and
In leases, the lessor usually covenants for against the City : and the corporation not
quiet enjoyment by his lessee of the pre- submitting within the time limited for
mises demisel, so long as the lessee ob . their so doing, their liberties were taken
serves and perforins the covenants and from them , and their charter was forfeited .
conditions of the lease. A vendor usually These liberties, together with their char
gives the like covenant, but without pre- ter, were not restored until 1688, when
judice to his lien . James II ., under the immediate fear of his
QUIETUS. A certificate which was own expulsion, restored them .
commonly granted by the clerk of the pipo QUO WARRANTO, WRIT OF. A writ
and auditors of the Exchequer as an acquit- which lies for the king against any one who
tance or discharge to accountants (Cowel). claims or usurps any office , franchise, or
See title Crown DEBTS. liberty, to inquire by what authority he
QUIETUS ESSE A QUERELÂ : See title supports his claim , in order to determine
QUERELA.
the right. It lies also in case of non -user or
long neglect of a franchise, or misuser or
QUIT CLAIM . The release or acquitting abuse of it, being a writ commanding the
of one man by another, in respect of any defendant to shew by what warrant he
action that he bas or might have against exercises such a franchise, having never
him ; also , acquitting or giving up one's had any grant of it, or having forfeited it
claim or title (Bracton, b . 5 , tract. 5 , c. 9, by neglect or abuse ( Finch's L. 322 ). An
num . 6 ; Les Termes de la Ley ). information in the nature of a quo warranto
QUIT RENT. Certain established rents may also be laid under the stat. 9 Anne,
of the freeholders of manors are denomi c. 20, regarding corporations of cities and
nated quit rents, quieti redditus, because boroughs, but it is in the discretion of the
thereby the tenant goes quit and free of all Court to grant it or not ( Rex v. Trevener,
other services (3 Cruise, 314 ). Further, in 2 B. & A. 479). The information will
respect even of ordinary freehold lands, a generally be granted where the right in
quit rent is payable to the Crown as lord, dispute depends upon a doubtful point of
but it is too insignificant in amount to be law , in order to its being finally deter
demanded . mined ( Rex v. Carter, Lofft. 516 ). And
See title RENTS. generally a quo warranto will lie for usurp
ing any office, whether created by charter
QUO MINUS, WRIT OF. A writ upon of the Crown alone, or by the Crown with
which all proceedings in the Court of Ex- the consent of Parliament, provided the
chequer were formerly grounded, in which office is of a public nature, and a substan
the plaintiff suggested that he was the tive oflice, not merely a function discharged
king's farmer or debtor, and that the de- at the will or pleasure of others ( see Darley
fendant had done him the injury or damage v. Reg. ( in error), 12 Cl. & F. 520, which
complained of, quo minus sufficiens exstitit, was a case regarding the office of treasurer
by which he was the less able to pay the of the public money of the county of the
king his debt or rent. It was also a writ city of Dublin ).
QUOAD. A prohibition quoad is a QUOD SEMEL PLACUIT IN ELECTION .

prohibition as to certain things amongst IBUS. AMPLIUS DISPLICERE NON
others. Thus, where a party was com POTEST - continued .
plained against in the Ecclesiastical Court it is no longer open to him to alter his
for matters cognisable in the temporal choice .
Courts, a prohibition quoad these matters See title ELECTION.
issued, i.e., as to such matters the party
was prohibited prosecuting bis suit in the QUORUM. Among the justices of the
Ecclesiastical Court. The word is also peace appointed by the king's commission ,
frequently applied to other matters than to there were originally some who were more
eminent for their skill and discretion than
prohibitions ( 2 Roll. Abr. 315, b. 10 ; Vin.
Abr. tit. “ Prohib .” E. a, 7). others, one, or some of whom , on special
occasions the cummission expressly re
QUOD AB INITIO NON VALET, TRACTU quired should be present, and without
TEMPORIS NON CONVALEBIT. A thing whose presence the others could not act ;
which is not valid in law at its first execu and who were thence termed justices of
tion, does not become valid merely by the quorum , from the language of the com
length of time. For example, a will made mission, which ran thus: “ quorum aliquem
by a woman during coverture and, by vestrum A. B., C. D., &c., unum esse vo
reason of that disability, rendered invalid lumus " (i.e.," of whom ” we wish some one
by the Wills Act ( 1 Vict. c. 26), at the of you, A , B., C. D., &c. , to be present).
time of executing the will , does not become The word is used in a similar sense in the
a valid will merely because the woman following passage : “ By charter 2 Edw. 4 ,
lives to become and dies a widow. the mayor, recorder, and aldermen that
QUOD EI DEFORCEAT, WRIT OF. A have been mayors, shall be conservators of
the peace within the city ; and they, or
writ that lay for tenants in tail, tenants in four of them , quorum the mayor to be one,
dower, and tenants for life, who had lost shall be justices of oyer and terminer there. "
their lands by default, against him who Com . Dig. tit. London (C.), Mayor.
recovered them , or against his heir ( Reg. See title JUSTICES OF THE QCORUM.
Orig . 171).
See title DEFORCEMENT. QUOUSQUE. Thus, a seisure quousque by
the lord of a manor on default of the heir
QUOD FIERI NON DEBET, FACTUM coming in to be admitted, means a seizure
VALET. A thing wbich ought not to have “ UNTIL ” the heir so comes in , the lord
been done, is ( occasionally] permitted to be being entitled to do this after three procla
valid when done, e.g., an infant ward of mations made at three consecutive Courts
Court ought not to marry or to be married
without the sanction of theCourt ; but if he (Watkins on Copyholds, 230, tit. “ Ad
mission ;" Carth . 41 : 1 Lev. 63 ; 3 T. R.
or she being of the marriageable age should
marry without such consent, then the mar 162.). A prohibition quousque is a prohibi
tion by which something is forbidden or
riage holds good. prohibited “ UNTIL a certain time. Thus,
QUOD NULLIUS EST, REGIS EST. if in trying temporal incidents in the
That is to say, what is nobody's, is the Ecclesiastical Courts, these Courts rejected
Crown's: e.g., bona vacantia belong to the a mode of proof sufficient at Common Law 9
Crown . they might have been prohibited “ UNTIL

they submitted to the legal mode of trial
QUOD PERMITTAT, WRIT OF. А
writ that lay for the heir of him who was
( Yelv. 92).
See titles PROHIBITION ; SEIZURE
disseised of his common of pasture against QUOUSQUE.
the heir of the deceased disseisor ( Cowel).
See title DISTURBANCE.
QUOD PERMITTAT PROSTERNERE.
R.
A writ which lay against any person who
erected a building , though on his own RACECOURSES. Asregards themetro
ground, so near to the house of another
that it overbung it, and became a nuisance polis, from and after the 25th of March ,
1880, a horse - race may not be held or take
to it ( Tomlins). place on any pretext whatever within a
QUOD SEMEL PLACUIT IN ELECTION radius of ten miles from Charing Cross,
IBUS, AMPLIUS DISPLICERE NON PO unless such place is licensed for the pur
TEST. When a person is called upon to pose under the provisions of the Race
elect between two things(whether properties courses Licensing Act, 1879 (42 & 43 Vict.
or rights of action), and he electsor makes c. 18). The licence is granted at the
his choice between them with full know Michaelmas Quarter Sessions. The owners
ledge of all the circumstances of the case, and occupiers of unlicensed racecourses,
RACECOURSES — continued . RAILWAY SCRIP : See title SCRIP.
and all persons taking part in any horse RAILWAYS, REGULATION OF : See
race thereon , are subjectod to penalties by title RAILWAY COMMISSIONERS.
the Act ; and an unlicensed horse -race is
made a nuisance at Common Law. RAISING A USE. Creating , establish
RACHAT. In French Law is the right ing, or calling into existence, a use. Thus,
of re -purchase which the vendor in English a man conveyed land to another in fee,
Law may reserve to himself. It is also without any consideration , Equity would
called réméré . presume that he meant it to be to the use
of himself, and would therefore raise an
RACK -RENT. A rent of the full annual implied use for his benefit .
value of the tenement, or nearit. See title Use.
See titles EMBLEMENTS ; MINISTERIAL RANSOM . In law this word is fre
POWERS.
quently used to signify a sum of money
RAILWAY COMMISSIONERS. Are a paid for the pardoping of some great
body of three gentlemen (one of them a offence : and the distinction made between
lawyer ), appointed under the Regulations a ransom and an amerciament was, that a
of Railways Act, 1873 ( 36 & 37 Vict. ransom was the redemption of a corporal
c. 48 ), and continued under the Regulation punishment, whereas an amerciament was
of Railways Act, 1873 & 1874, Continuance the penalty for an offence committed ( Litt.
Act, 1879 (42 & 43 Vict. c. 56). They 127 ; Cowel ).
have jurisdiction in all matters comprised See title A MERCIAMENT ,
in the Railway and Canal Traffio Act, 1854 RANSOM BILL. Upon any capture of
( 17 & 18 Vict. c. 31 ), and in the 16th sec
tion of the Regulation of Railways Act, enemy's property on the high seas in time
1868 (31 & 32 Vict. c . 119), being generally of war, the captor may accept a ransom for
cases of alleged unfair carrying, undue the same, the effect of which is that the
preference, and such like ; and the com property is thenceforth safe ( until its desti
missioners are invested with all authorities nation ) from any second capture by the
incidental to the effective discharge of their same belligerent or his allies. In English
office, Law, ransoms are within the jurisdiction
RAILWAY COMPANIES. Are compa of the Court of Admiralty as a Prize Court,
and are regulated by various statutes, the
nies of a public nature, that is, in which Queen in her Privy Council allowing them
the general public have a direct and proxi or not to hold good according to the circum
mate interest, and therefore (unlike the stances of the capture.
ordinary class of private or joint stock
companies) they require for their construc RAPE. A criminal offence, consisting
tion a special Act of Parliament. But the in the penetration of a female's parts
Railways Clauses Consolidation Act, 1845 against her will or without her consent,
(8 & 9 Vict. c. 20), which contains provi and with or without emission, or consum
sious usually (theretofore) inserted in the mation. It is punishable with penal servi
special Acts authorizing the making of tude for life, or for any period not under
railways, may be incorporated in the special five years, or with imprisonment not ex
Act. ceeding two years, and with or without
See title LANDS CLAUSES CONSOLIDA hard labour (Arch. Crim . Pleading ).
TION ACT, 1845. See title PENETRATION .
RAILWAY, MINERALS UNDER . In a RAPINE : See title VI BONORUM Rap
TORUM ,
conveyance of land to a railway, for the
purposes of the railway, the mines and RAPPORTS. This is in French Law
minerals under or adjoining the land are the duty incumbent upon a legatee to
not comprised in the purchase -deed, unless bring into hotchpot such part of the legacy
expressly therein comprised ( Railways as he has already received by gift inter
Clauses Consolidation Act, 1845, s. 77) ; vivos.
but the company may afterwards purchase See title COLLATIO ; HOTCHPOT ; RE
such mines and minerals, if they deem DUCTION .
their working would or might prove in.
jurious to the stability of the railway, and RATES : See title RATING .
the owner gives them notice of his inten RATIFICATION . This is authorizing
tion to work them . The limit of proximity
to the railway is (in general) forty yards subsequently what has been already done
(s. 78). previously without authority or request.
Iu contract law, it is equivalent to aprior
RAILWAY PASSENGERS : See title request to make the contract ; and in the
PASSENGERS, CARRIAGE OF. law of torts, it renders the principal liable,
RATIFICATION - continued . RATIONABILIBUS DIVISIS, WRIT OF
unless it should have (as it often has ) the -continued .
effect of purging the tort ( Hull v. Pickers order to settle their boundaries ( Cowel ; F.
gill, 1 B. & B. 282 ). To any ratification, it N. B. 128 ) .
is necessary that the act when originally See title PERAMBULATIONE FACIENDA,
done should be for the person who sub WRIT OF.
sequently ratifies it ; and usually, such RATIONE TENURÆ Where an indi
ratification must be given at a time when vidual landowner is liable to repair a high
the principal himself might have done the
act, and not afterwards. way ( the liability to repair that class of
See titles CONTRACTS ; PRINCIPAL AND way usually resting with the county ), the
AGENT ; PURGING A TORT. landowner is saidto be liable either ra
tione tenuræ or by prescription . By ratione
RATING. Is the levying of money by tenuræ it is intended in such a case to ex
(and by the authority vested in ) local bodies, press, that the landowner's liability to
whether justices of the peace, or other per repair the liighway is a burden upon his
sons holding local office, e.g. , the town ownership of the land, running with the
councillors of boroughs; and on the other land, and incident to the tenure thereof. In
hand, taxation is by authority of Parlia . the general case, even in the case of a
ment alone, and is imperial not local. The private way, the servient owner is not
word rating appears to denote the equal bound to repair the way, but by express
incidence of the money levied upon all agreement or by prescription (or, semble ,
propertied persons, proportionately to ( i.e., from some necessity or even ratione tenura )
pro ratá) the value of the property rated. he may be liable to repair it (Comyns'
The poor rate was one of the earliest of Digest, Chimin , A. 4 ; Reg. v. Ramsden ,
such rates ; and its origin and extent and E. B. & E. 949 ).
the mode of its assessment and collection
RAVISHMENT DE GARD. A writ that
are explained under the titles Poor and
Poor RATE. For all other [local] rates, lay for the guardian by knight service or in
the test of the liability of property thereto socage against him who took away from
has been in general made that of the him the body of his ward ( 12 Car. 2, c. 24 ;
liability of the same property to the poor Cowel ).
See title WARDSHIP.
rate; e.g. , by the Rating Act, 1874 (37 &
38 Vict. c . 54 ), s. 10, the mines which RE. Re Vivian signifies In the matter
(with other hereditaments ) are by the Act of Vivian, or in Vivian's Case. In this
made rateable to the poor rate are made use of the word , res is opposed to causa
rateable to all local rates in like manner (cause ).
as if the Poor Rate Act had always ex READERS. In the Middle Temple,
tended to them ; and by s . 15 of the same those persons were so called who were ap
Act, the term “ local rate " is declared to pointed to deliver lectures or “ readings
mean any county rate, borough rate, high at certain periods during term. The clerks
way rate , and other local rates leviable on in holy orders who read prayers and assist
property rateable to the relief of the poor. in the performance of divine service in the
And under the provisions of particular chapels of the several inns of court, are
statutes, a water rate, a general district also so termed . (5 Reeves's Eng. Law,
rate, &c. , &c. , may be levied by the proper 247, 1st. edit.).
local authority in that behalf specified in READING IN . A new incumbent of a
the Acts.
benefice is to read, within two months of
RATIO DECIDENDI See title INTER actual possession, the morning and evening
RATIO LEGIS PRETATION . prayers, and also the thirty -nine articles,
and declare his unfeigned assent and con
RATIONABILI PARTE BONORUM. A sent thereto, publicly in the church , before
writ that once lay for the wife against the the congregation ; and to read in his
executors of her husband, to have the third church, within three months after institu
part of his goods after his just debts and tion or collation , the declaration appointed
funeral expenses had been paid (F. N. B. by the Act of Uniformity, and also the cer
122 ; Les Termes de la Ley ). tificate of bis having subscribed it before
See titles REASONABLE PART ; THIRDS. the bishop. The observance of the above
RATIONABILIBUS DIVISIS, WRIT OF. forms by a new incumbent constitutes
what is termed “ reading in ” (Rog. Ecc.
A writ that lay for the lord of a seigniory, Law ; Burns' Ecc. Law ).
when he found that any portion of his
seigniory or his waste had been encroached REAL ACTIONS. Called also actions in
upon by the lord of an adjacent seigniory, rem (as opposed to actions in personam )
against him who had so cncroached, in are, e.g., certain actions in the Court of
REAL ACTIONS — continued . REAL AND PERSONAL — continued .

Admiralty, which being instituted against property. As law and society progressed,
the vessel itself or other the subject matter it became more and more apparent that
of the suit, definitively adjudicate as the essential difference between lands and
against all the world ( i.e., as against all goods was to be found in the remedies for
persons interested, whether appearing or the deprivation of either ; that as to the
not), upon the condition of the vessel or one, the real land, i.e. , the land itself could
other subject matter. Prior to 3 & 4 Will . 4, be recovered and that as to the other, pro
c. 27, there were many real actions (being ceedings could be had against the person
otherwise called droitural actions) in which only. The two great classes of property
the very right (droit) or title was in . accordingly began to acquire two other
volved ,and not the possession merely ; but names that were characteristic of this
the policy of the law having by that difference ; and with reference to the
statute fixed the period for the recovery remedies for the recovery of each they
of land at ( in general ) twenty years, the were called respectively real and personal
whole droitural actions (some of which property . The striking circumstance that
might have been brought within sixty à leasehold interest in land is to the present
years) were necessarily abolished and day personal property only illustrates both
superseded by the one possessory action of the origin and the principle of this divi
ejectment. sion. It illustrates the origin of the divi
See titles DROIT ; MIXED ACTIONS ; sion, because originally all leases were
PERSONAL farming leases, and the farmer was only
REAL EVIDENCE . Called also eviden the bailiff or agent of his landlord, who
tia rei vel facti, means all evidence of warranted him in the quiet possession of
the land ; it also illustrates the principle
(or persons regarded as
things) things
which is the source. It is sometimes di of the division , because the farmer in the
rect, e.g. , when the offence is committed in case of an ejectment had no action for the
recovery of the land itself , but at the most
fori conspectu ; but it is most usually cir an action against his landlord personally,
cumstantial or indirect. A coroner's in whereby he compelled the latter either to
quest must be held super risum corporis ; take proceedings for the restitution of the
and in all charges of murder, the corpus land to his lessee, or else to compensate
delicti is proved by production of the dead him in damages for the disturbance of his
body ,-two illustrations of direct real evi quiet enjoyment.
dence of the fact of a crime having be
committed . But who the criminal was, is REAL AND PERSONAL COVENANTS :
dependent upon ( in general) circumstantial See title COVENANTS.
evidence, the inferences from which are
usually not necessary but probable only, REAL REPRESENTATIVE. He who
and the degree of probability may vary in represents or stands in the place of another
ever so many degrees, one physical coin- with respect to his real property, is so
cidence being sonjetimes suflicient in itself , termed , in contradistinction to him who
e.g., the bruken knife left sticking in the stands in the place of another with regard to
window frame, the corresponding fragment his personal property, and who is termed
of which was found in the pocket of the the personal representative. Thus, the
prisoner accused of burglary, and no sen- heir is the real representative of his de
sible interval intervened between the act ceased ancestor, and the executor or ad
and his apprehension . But more often ministrator is the personal representative.
circumstantial real evidence is open to in- See title REPRESENTATION.
numerable infirmative hypotheses, that REALTY . That which either is or
may either weaken it or explain it alto
gether away. ( Best on Evidence, 5th ed., relates to real property ( i.e., to lands,
277-295). tenements, and
distinctiun
bereditaments), in contra
to that which either is or
REAL AND PERSONAL. Real and per- relates to personal property ( i.e., to move
sonal property is the most fertile division able things in general), which latter is
of things, the subjects of property, in termed personalty.
English Law . The division is substanti
ally coincident with that into lands, tene- REASONABLE PART. The shares to
ments, and hereditaments, on the one hand, which the wife and children of a deceased
and goods and chattels on the other. In person were entitled , were called their
the case of each division, the principle unreasonable parts ; and the writ de ration
underlying the division is feudal ; it is abili parte bonorum was given to recover
directly so in the case of the division into them (F. N. B. 122). These rights of the
lands and chattels, and indirectly so in the wife (or widow ) and children originally
case of thie division into real and personal held good whether the deceased had died
REASONABLE PARTcontinued . REBUTTER - continued .

testate or intestate, but they now hold denominated as follows, --declaration, plea,
good only when he has died intestate. replication , rejoinder, surrejoinder, re
See title THIRDS. butter, and surrebutter. The declaration
REASONABLE AND PROBABLE CAUSE . was the statement of the plaintiff's cause
of complaint; the plea was the defendant's
In an action for malicious prosecution, the answer to the declaration ; the replication
plaintiff, besides proving that the prosecu was the plaintiff's answer or reply to the
tion ended in his favour, must also prove plea ; the rejoinder was the defendant's
the absence of all reasonable and probable answer to the replication ; the surrejoinder
cause for accusing him ; and this latter was the plaintiff's answer to the rejoinder ;
question is for the judge (and not the jury ) the rebutter was the defendant's answer to
to decide (Watson v. Whitmore, 14 L. J. the surrejoinder; and the surrebutter was
Exch . 41 ). the plaintiff 8 answer to the rebutter .
RE - ASSURANCE . Is when an under Under the present practice, these names
writer procures the sum which he has continue to accurately describe the succes
insured to be insured over again to himself sive pleadings, but the names are now
by some other underwriter. In English little in use, and no fourth pleading except
Law , re-assurance is limited by statute to a simple joinder of issue can now be put in
the case of the original underwriter be without leave of the Court,
coming insolvent or bankrupt or dying See title PLEADING .
( Maude and Pollock, 3rd ed . 346 ).
REBUTTING EVIDENCE . Is evidence
RE - ATTACHMENT. A second attach adduced (by leave only ) to destroy (if
ment, or the attachment of a person who possible) the effect of evidence of a very
has been previously attached , and who, material kind unexpectedly produced by
from the happening of some casual cir the other side, e.g., unexpected proof of an
cumstance, has been discharged per in alibi reasonably suspected.
curiam .
See title ATTACHMENT. RECAPTION . Recaption, or reprisal,
REBEL or BELLIGERENT. As against is a species of remedy by the mere act
the parent state, rebels are rebels and not of the party injured ; and is resorted to
belligerents ; and the dimensions of the when any one has deprived another of
rebellion, its power and organization, do his property in goods or personal chattels,
not alter the strictly legal status of the or wrongfully detains his wife, child, or
rebel. As a question of law , a rebel is a servant, in which case the owner of the
criminal, whether his acts are done at sea goods, and the husband, parent, or master,
may lawfully claim and retake thení
or on land. The question of his acting
bonâ fide under colour of an asserted belli wherever he happens to find them, so that
gerent power, cannot arise between the it be not in a riotous manner, or attended
state and one of its own subjects. If the with a breach of the peace ; and this re
acts are depredations on commerce pro taking is termed a " recaption .” There
tected by the state, they may be adjudged was also a writ of recaption to recover
piracy by the Courts of the state. It is a damages against a person who (pending a
politicaland not a legal question, whether replevin ) distrained a man again for the
same rent or service.
the right so to treat them shall be exer See title REPRISALS.
cised ; and accordingly when a rebellion
has attained such dimensions and organiza RECAPTION , WRIT OF : See title RE
tion as to be a state de facto, and its acts CAPTION .
reach the dimensions of a war defacto, and
the parent state is obliged to exercise RECAPTURE . When this country is at
powers of war to suppress it, and espe war with another country, and property at
cially if neutral interests are involved in sea of a subject of this country is captured
the struggle, it is now the custom for the by the enemy, it may be re -captured by
state to yield to the rebels such bellige this country ; and upon such re -capture
rent privileges as policy and humanity the original ownership is re-vested by
require ; and to treat captives as prisoners statute, subject to the payment of salvage,
of war, make exchanges, respect flags of that is, one-eighth or one-sixth part of the
truce, &c. (Wheatou's International Law ). value of the re-captured goods, according
REBUTTABLE PRESUMPTIONS : See
as the re-captor is a public vessel or a
privateer (45 Geo. 3 , c. 72). Semble, this
title PRESUMPTIONS, QUALITY OF ; PRE rule does not apply where the captors have
SUMPTIONS, VARIETIES OF. carried their prize infra præsidia, as that
REBUTTER . In an action, the alternate seems to divest altogether the original
allegations of fact (i.e., the pleadings) were ownership
RECEIPTS. When receipts are given RECEIVERS AND TRIERS OF PETI .

for money paid as the price of goods the TIONS - continued .
receipts may operate as bills of sale, and ing petitions to Parliament was formerly
require registration ; but usually they do judici il rather than legislative ; and the
not so operate. A purported receipt of triers were committees of prelates, peers,
money under hand only is no estoppel; but and judges ; and latterly, of the members
if under seal , it is (or used to be) so at law, generally.
but the truth might be shewn in equity. RECEIVING STOLEN GOODS . Receiv
RECEIVER . There are many kinds of ing any chattel, money, yaluable security,
receivers. (1.) The receiver of fines, an or other property whatsoever, feloniously
officer who received the money of all such obtained, knowing the same to have been
as compounded with the king upon original so feloniously obtained, is a felony, for
writs in Chancery : (2. ) The Receiver- which the receiver may be indicted and
General of the Duchy of Lancaster, an convicted either as an accessory after the
officer belonging to the Duchy Court, who fact to the principal felony,or as for a sub
gathered in all the revenues and fines of stantive felony, and in the latter case,
the lands belonging to that duchy, and all whether or not the principal felon shall
forfeitures of and assessments upon the have been previously convicted. The
same : ( 3.) A receiver of estates, appointed offence is punishable with penal servitude
by the Court of Chancery to receive the for any period between five and fourteen
rents, issues, and profits of lands, and the years, or with imprisonment for two years
produce and profits of personal property or under, with or without hard labour, and
the subject matter of the action , and to with or without solitary confinement, and
manage and take care of such lands and (if a male under the age of sixteen years)
personal property during the pendency of with or without whipping (24 & 25 Vict.
the action : (4.) A receiver of wreck, ap- c. 96, s. 91 ).
pointed by the Court of Admiralty, and See title LARCENY.
who discharged similar functions to those RECENT POSSESSION : See title An
of the receivers in Chancery. And any CIENT POSSESSION ; POSSESSION OF STOLEN
Division of the High Court of Justice may GOODS .
in a proper case appoint a receiver, and
the Probate Division very frequently ap RECITALS. The formal statements of
points one, pending any litigation that matters of fact in any deed or writing in
affects property either real or personal. order to explain the grounds or reasons
See title RECEIVER IN AN ACTION . upon or for which the deed itself is exe
cuted. The recitals are situated in the
RECEIVER IN AN ACTION . For the
premises of a deed ; that is, in the part of
interim preservation of property, and some à deed that is intermediate between the
times (e.g., in administration actions in the date and the habendum ; and they usually
Chancery Division) for securing its equal commence with the formal word “ whereas"
distribution among the parties ( e.g., credi (4 Cruise ). They are a history of the pre
tors) entitled to the benefit of the action , a vious facts and circumstances affectingthe
receiver is appointed inanaction ,usually property . They sometimes modify the
upon motion , with a reference to chambers. generality of the operative words in the
Persons not parties to the action (either deed, and this is more especially so in a
personally or by representation ) are not deed of release to executors or trustees
entitled to any protection by or through a when executed by the residuary legatees.
receiver ( Brocklebank v . East London Ry. Under the Vendors and Purchasers Act,
Co. W. N. 1879, p. 146). The possession 1874 (37 & 38 Vict. c. 78), recitals in deeds
of the receiver is neutral as between or
among the parties to the action ( Kerr on twenty years old are madeprimâ facie evi
dence of the truth of the facts therein
Receivers). contained . Recitals have under excep
RECEIVER OF DUCHY : See title RE tional circumstances been held to even
CEIVER. imply a covenant ( Platt on Covenants, pp.
33, 34) ; and of course recitals of particular
RECEIVER OF FINES : See title RE- facts that are pertinent to the operation of
CEIVER . the deed have the effect of an estoppel
RECEIVER OF STOLEN GOODS : See ( Carpenter v. Buller, 8 M. & W. 209 ).
title RECEIVING STOLEN Goods. RECITE TO . To state or set forth in
RECEIVER OF WRECK : See title RE any deed or other writing such matters of
CEIVER. fact as may be necessary to explain the
nature of the transaction, or the reasons
RECEIVERS AND TRIERS OF PETI. upon which it is founded. As used in the
TIONS. The mode of receiving and try- practice of conveyancing it is analogous to
RECITE, TO — continued. RECONSTRUCTION OF COMPANY
the word “ induce " as used in the practice continued .
of pleading: to consent ; or where the capital of the
See title RECITALS. company is divided into several classes of
RECOGNITORS. A word which was fre . shares ( e.g., preference, deferred , and foun
ders' shares ), and it is deemed expedient
quently used to signify a jury impanelled to convert all the shares into shares (or
upon an assize ; so called because they ac stock ) of a uniform description, but a
knowledge, i.e., notify, cognise, or find, e.g., ority dissent. In order to carry out a
a disseisin , by their verdict (Cowel ; Bract. reconstruction under s. 161, the old com
lib. 5, tract 2, c. 9). pany must pass a special resolution or
See title Jury, TRIAL BY, HISTORY OF. special resolutions : ( 1. ) To wind up volun
RECOGNIZANCE . A recognizance is an tarily ; ( 2. ) To appoint liquidators ; ( 3. )
acknowledgment upon record of a former To approve a scheme of reconstruction
debt ; and he who so acknowledges such subject to specified conditions; and (4.)
debt to be due is termed the recognizor, or To authorize the liquidators to carry it
cognizor ; and he to whom , or for whose into effect pursuant to s . 161of the Act ;
benefit he makes such acknowledgment is and in due course the liquidators of the
termed the recognizee, or cognizee. A re old company and the directors of the new
cognizance differs from a bond the differ- company execute an agreement providing
ence being that a bond is the creation of a for the sale of all the property of the old
new debt, whereas a recognizance is merely company to the new company in considera
an acknowledgment upon record of a debt tion of the new company undertaking the
which was previously due. A recogni debts and liabilities of the old company,
zance is certified to and witnessed by an paying the costs of winding it up, pro
officer of the court, and not by the seal of viding the funds necessary to purchase the
the party, as in the case of deeds (4 Cruise, interests of any dissenting members of the
103). Recognizances are frequently taken old company, and allotting to every as
from persons, either to answer their prose senting member of the old company one
cution of a suit or their presence in court share in the new company in respect of
upon a certain day, or to secure their care each share held by him in the old com
ful administration of property entrusted to pany ; and the property of the old company
them in some official capacity, e.g., in the will be made over to the new company ,
case of administrators in the Court of which will allot its shares as provided by
Probate and of receivers in the Court of the agreement ; and the debts and liabili.
Chancery. ties of the old company (if it has any) will
See titles Bail ; RECEIVER IN AN be got rid of as soon as possible, either by
ACTION . payment, or by the creditors agreeing to
accept the liability of the new instead of
RECOGNIZEE 7 the liability of the old company ( Buckley's
See title RECOGNIZANCE.
RECOGNIZER Companies Acts ; Palmer's Company Pre
cedents, 475).
RECONSTRUCTION OF COMPANY,
There are two modes of reconstructing a RE - CONVERSION IN EQUITY . Is that
company, formed or registered under the notional or imaginary process by which a
Companies Act, 1862 :-(1.) By special prior notional conversion is annulled and
Act of Parliament, and (2. ) Under s. 161 taken away, and the notionally converted
of the Companies Act, 1862. The com- property restored in contemplation of a
panies which seek for reconstruction by Court of Equity to its original actual un
special Acts of Parliament are for the converted quality. Reconversion may take
most part gas and water companies, or place in either of two ways — viz., either
companies engaged in works of the like (I.) By the act of the parties, or ( II.) By
semi-public character ; and as the result of operation of law ; and when it takes place
such a re - construction , Parliament obtains by the act of the parties, then it is by their
control over the capital of the company election so to take it, and such election
which thenceforth can only borrow or issue may be shewn either (a .) By express direc
new shares within the limits prescribed by tion , or ( b .) By implied direction from
the special Act. A reconstruction under conduct. On the other hand , when re
s. 161 may be resorted to with advantage conversion takes place by operation of law,
in a variety of cases, e.g., when a company there must be a concurrence of two requi.
desires to do something ultra vires, e.g. , to sites , - ( 1.) property must be in person
issue preference shares having a priority entitled whether it be real or personal,
over preference shares already issued, not- and (2.) no declaration concerning its
withstanding the holders of such last- quality must have been made by him in
mentioned shares, or some of them , refuse his lifetime or by will ( Chichester v. Bick
RE-CONVERSION IN EQUITY - contd . RECORD, COURTS OF - continued .

erstaff, 2 Vern , 295 ; Pulteney v. Darling on the same footing, at least for all pur
ton, 1 Bro. C. C. 223 ). poses of litigation in that Court itself
( 1 Dan . Ch . Pr. 595). At the present day,
RE - CONVEYANCE . Upon payment off all distinctions between the Court of Chan
of money owing on mortgage of lands, the cery and the Queen's Courts at West
mortgagee reconveys same to the mort minster have been abolished, and the
gagor or to such person and for such uses as Supreme Court in which they have been
the mortgagor may direct. The stamp on merged is a Court of record as well in its
this deed is 6d . per £ 100 of the money at High Court (Judicature Act, 1873, s. 16)
any time secured ( Stamp Act, 1870). as in its Court of Appeal ( Judicature Act,
1873, 8. 18) ; and the decree or judgment
RECORD. An authentic testimony in or order need not now be enrolled but is
writing contained on rolls of parchment, entered merely. The County Courts are
and preserved in Courts of record. The
record of nisi prius was an official tran also Courts of record (9 & 10 Vict. c. 95 ,
script or copy of the proceedings in an 8. 3).
action entered on parchment and sealed RECORD, PROOF OF. Upon issue joined
and passed, as it was termed , at the proper of nul tiel record , the very record itself
office ; it served as a warrant to the judge must be produced , if the record belongs to
to try the cause , and was the only docu the Court in which the cause is ; and if it
ment at which he could judicially look for belongs to another Court, then it is proved
information as to the nature of the proceed by an exemplification thereof under the
ings, and the issues joined between the Great Seal (2 Ph . Evid. 129 ; Bull. N. P.
parties. 226 b ). But in other cases, i.e., where no
See titles ENTRY ON THE ROLL ; ISSUE such issue is joined, the record is in general
ROLL. proved by an office copy thereof, sometimes
RECORD, COURTS OF. Courts whose by an examined copy thereof, sometimes by
an exemplification thereof under the seal
acts and judicial proceedings were inrolled of the Court in which it is, and sometimes
on parchment, and thereupon became the by a certified copy thereof.
records of such Courts, and so were pre
served as a perpetual memorial and testi RECORD, TRIAL BY. A species of
mony of the proceedings therein. All trial adopted for the purpose of ascertain
Courts of record were the King's Courts in ing the existence or non - existence of a
right of his crown and dignity ; but some record . When a record is asserted by one
of the King's Courts were not Courts of party to exist, and the opposite party
record strictly so called , as the Courts of denies its existence under the form of
Equity and the Admiralty Courts, which traverse, that there is no such record re
were at best only quasi of record, or of maining in Court as alleged , and issue is
record to themselves. The distinction be joined thereon, this is called an issue of
tween Courts of record and Courts not of nul tiel record ; and in such case , the Court
record was introduced soon after the Con orders a trial by inspection and exami
quest ; for by an edict of the Conqueror's nation of the record. Upon this, the party
it was ordained that all proceedings in the affirming its existence is bound to produce
King's Courts should be carried on in the it in Court on a day given for the purpose ;
Norman instead of in the English language, and if he fail to do so, judgment is given
in consequence of which the influence of for his adversary. This mode of trial is
the County Courts, Courts Baron, and not only that specially appropriated to try
other inferior jurisdictions, was much nar an issue of the above kind, but is, in fact,
rowed , for as the judges and suitors of the only legitimate mode of trying such an
such latter Courts were ignorant of that issue (Co. Litt. 117 b, 260 a).
language, they were prevented from re See title NưL TIEL RECORD.
cording their acts ( Com . Dig. tit. “ Chan RECORDS, KEEPER OF : See title
cery ” ). One of the privileges which MASTER OF THE ROLLS.
attached to a Court of record was the high
authority which its records were allowed RECORDS AND WRITS CLERKS. Aro
to possess, their truth not being permitted the officers (formerly of the Court of
to be called in question, for nothing could Chancery, and now of the Chancery Divi
be averred against a record, and no plea, or sion of the High Court) who issue writs of
even proof, was admitted to the contrary. summons for commencing actions in Chan
Also a plea of matter of record needed not cery, and with whom appearances to such
to be put in on oath , but was sufficient actions are entered by the defendants
without oath ; and a decree even of the thereto, and with whom the pleadings and
Court of Chancery , when it had been other documents are filed , and with whom
signed and inrolled (but not sooner), stood orders and decrees are entered as of record ,
RECORDS AND WRITS CLERKS — con- RECOVERY, COMMON — continued .
tinued . almost exclusiv to that
and from whom execution issues. The having come to ebeusetheprior
cipal and
statute barring of
office of these clerks has recently been estate tails, one instance thereof being
transferred to the central office of the Taltarum's Case ( 12 Edw . 4 ). The first
Supreme Court of Judicature. thing necessary to be done in suffering a
See title CENTRAL OFFICE (SCPREME common recovery in order to bar an estate
COCBT). tail, was that the person who was to be the
RECORDARI FACIAS LOQUELAX . An demandant, and to whom the lands were
original writ once directed to the sheriff to to be adjudged, should sue out a writ of
remove a cause pending in an inferior præcipe against the tenant of the freehold ;
superior
Court into one of the Courts ; as whence such tenant was usually called the
from a County Court or Court Baron to the tenant to the præcipe. In obedience to
Court of Queen's Bench or Common Pleas. this writ, the tenant appeared in Court,
It seems to have been called a recordari either in person or by his attorney ; but,
from the circumstance of its commanding instead ofdefending the title bimself, he
the sheriff to whom it was directed to make called upon some other person (who, upon
a record of the proceedings in the Court the original purchase ,was supposed to have
below , and then to send such record up to warranted his title ), and prayed that that
the superior Court ( Reg. Orig. ; Cowel). other person might be called in either to
See title REMOVAL OF ACTIONS. defend the title which he had warranted,
RECORDER . A barrister or other per- or elseto tothose
value the tenant
givewhich lands
he should loseofby
equal
the
son learned in the law, whom the mayor defect of warranty ; and this was called
or other magistrate of any city or corporate the rouching to warranty. The person
town ( having a jurisdiction, or a Court of who was thus vouched to warrant (and
record within its precincts ) doth associate who was usually called the vouchee ) ap
to him for his better direction in the judi- peared in Court, was sued and entered
cial proceedings of such Court (Cowel). into the warranty, by which means he took
Thus the Recorder of the City of London
upon himselfthe defence
of the title
to the
is practically the judge in the Lord Mayor's land . The demandant then desired leave
Court of the City, although in theory the of the Court to imparl, or confer with the
Lord Mayor and Aldermen are the judges vouchee in private, which was granted as a
therein ; and there are also recorders (ap- matter of course . Soon after the demand
pointed by the Lord Chancellor) in all ant returned into Court, but the vouchee
municipal boroughs which have a separate disappeared or made default ; in conse
Court of Quarter Sessions of the Peace.
See titles CORPORATION , MUNICIPAL ; quence
by the Court that default
of which it washadpresume
the vouchee d
no title
LORD MAYOR's COURT.
to the lands demanded in the writ, and
RECOUPMENT : See titles CONTRIBU therefore could not defend them , where
TION ; SURETYSHIP . upon judgmentwas given for the demand
ant (who was then called the recoveror) to
RECOVERY, COMMON . A common re- recover the lands in question against the
covery was one of the ancient modes of tenant, and for the tenant to recover against
transferring property from one party to the vouchee lands of equal value, in re
another, and is said to have been intro compense for ,those warranted, and now
duced by the ecclesiastics. In order to lost (5 Cruise 283, 284, 285, 286). By
avoid the Statutes of Mortmain , the reli- means of this common recovery , the de
gious houses used to set up (it is alleged ) mandant became seised in fee simple of
a fictitious title to the lands intended to the lands which were formerly in tail ;
be given or sold , and brought an action and immediately by force of the statute of
against the tenant to recover them ; the uses, the demandant became like a mere
tenant, by collusion , made no defence ; and conduct pipe or grantee to uses, for either
thereupon judgment was given for the previously to suffering the common re
religious house to recover the lands upon covery he had executed to the tenant in
their supposed prior title. tail a deed leading the uses, or immediately
The notoriety and evidence which at- after suffering such common recovery be
tended these feigned recoveries was such , executed a deed declaring the uses thereof,
that they were soon adopted by lay persons and which uses were in favour of the
in general as a usual or common mode of tenant in tail, so that the tenant in tail
transferring lands, and ever afterwards they became, as a consequence of the common
continued in use for that purpose, until recovery plus the deed leading or declaring
they were abolished by the Act 3 & 4 the uses, seised in fee simple of the lands,
Will. 4, c. 74, by which Act a disentailing freed and discharged of the former estate
deed was substituted for them, their prin- tail therein ; and all remainders and re
RECOVERY, COMMON- continued. RECTO DE DOTE- continued.

versions and executory interests subsequent action might be commenced by the ordinary
to the tail were also destroyed. writ of summons, with an indorsement
See titles CONVEYANCES, sub - title Deeds thereon to the effect that the plaintiff in
Lending or Declaring Uses ; Dis- tended to declare in dower ; and all sub
ENTAILING ASSURANCE . sequent proceedings therein were as nearly
RECOVERY OF CHATTEL : See title De as might be, to be taken in accordance
LIVERY, WRIT OF. with the C. L. P. Acts, 1852 and 1851 ;
RECOVERY OF SMALL TENEMENTS.
and that is now substantially the proceed
ing in such a case , with this exception that
Under the stat. 1 & 2 Vict. c. 74, upon the plaintiff need not now make any in
compliance with the provisions of that dorsement upon the writ of her intention to
statute, the landlord may obtain from the declare in dower, but need indorse merely
justices in petty sessions a warrant to a in the ordinary way that she claims her
constable or police officer to put him into dower.
possession, using violenceif need be ; and See title INDORSEMENT OF Claim.
similarly, under 11 Geo . 2, c. 19, s. 16, for RECTO DE DOTE UNDE NIHIL HABET.
deserted premises.
A writ of right of dower, which lay when
RECTIFICATION IN EQUITY. Docu- a man who had divers lands and tene
ments which either through fraud or acci- ments had assigned no dower to his wife,
dent or mistake do not express the true and she was thereby driven to sue for her
intentions of the parties may be rectified dower against the heir or his guardian
by action in the Chancery Division ( Fane ( Reg. Orig. 170 ; Cowel). Under the
v. Fane, L. R. 20 Eq. 698. Snell's Prin . C. L. P. Act, 1860, the like provisions
ciples of Equity, 5th ed . 420-481). were made regarding this action as are
RECTIFICATION OF REGISTER . If stated in the title last preceding to have
been made by the same Act regarding the
the name of any person is “ without suffi
cient cause writ of right of dower ; and the present
entered in or omitted from
the register of members of a joint stock
procedure is also the same as there stated .
company, or if default is made or un- RECTO DE RATIONABILI PARTE. A
neces:ary delay takes place in the removal writ that lay between privies in blood , as
of any name from such register, the person brothers in gavelkind , or sisters co-heir
aggrieved may, upon motion in the Chan . esses, or other coparceners, for land in
cery Division , obtain a rectification of the fee simple. As for instance, if a man
register ( Companies Act, 1862, s. 35 ). In leased his land for life, and afterwards
the case of a company which is being died, leaving issue two daughters, and
wound up, the liquidator may also obtain after that the tenant for life died also, and
an order for the rectification of the register then one sister entered upon the whole
of members. of the land, and so deforced theother, then
See title CONTRIBUTORIES . the sister so deforced might have bad this
writ to recover part ( F. N.B. 9 ; Cowel ) .
RECTO DE ADVOCATIONE ECCLESIÆ .
A writ of right, which lay when a man RECTO QUANDO DOMINUS REMISIT.
had a right of advowson, and the parson A writ of right, which lay where lands or
of the church dying, a stranger presented tenements that were in the seigniory of
his clerk to the church, and the real patron any lord were in demand by a writ of right;
did not bring his action of quare impedit for if in such a case the lord held no Court,
or of darrein presentment within six months, or otherwise at the prayer of the demand
but permitted the stranger to usurp. on ant, sent to the King's Court bis writ, to
him , and so was left to his writ of right put the cause thither for that time (reserv
only, to recover his right. This writ lay ing to him at other times the right of his
only where the patron was entitled to the seigniory ), then this writ issued out for the
fee in the advowson ( Reg. Orig. 29 ; party ( Reg. Orig. 4 ; Cowel).
Cowel). RECTO SUR DISCLAIMER . A writ
RECTO DE DOTE. A writ of right of that lay for a lord who had avowed upon
dower, which lay for a woman who had re his tenant in the Court of Common Pleas,
and such tenant had disclaimed to hold of
ceived part of her dower, and proposed him ; and if the lord averred and proved
demanding the remainder, against the heir that the land was holden of him , he reco
of her husband, or his guardian if he were vered the land for ever (Old Nat. Brey.
a ward (Old Nat. Brev. 5 ; Cowel). Under 150 ; Cowel).
the C. L. P. Act, 1860, 8. 26, nó writ of
right of dower was to be brought after RECTOR . Rector ecclesiæ parochialis is
the commencement of that Act in any he who has the cure or charge of a parish
Court whatsoever ; but instead thereof, an church, qui tantum jus in ecclesiâ paro
2 G
450 A VEW LAM DICTIONARY.
RECTOR - continued . REDEEMABLE RIGHTS - continued .
chiali habet quantum pralutus in ecclesia repayment of the sum as security for which
collegiatâ. At the present day, a rector is they were granted (Jacob ; Tomlins ).
either a lay rector or a spiritual rector, the RE -DEMISE : See titles DEMISE ; At
former being otherwise called an impropri TORNMENT CLAUSE IN MORTGAGE.
ator, and having a vicar under him to dis
charge the services and sacraments of the REDEMPTION, EQUITY OF : See title
church , and the latter being himself the EQUITY OF REDEMPTION.
officiating incumbent. RE-DISSEISIN, WRIT OF. For a serond
See titles Advowson ; TITHES ; VICAR. disseisin made by a person who had once
RECTORY. This word appears to be before been a ljudged to have disseised the
same man of his lands or tenements, there
used for an entire parish church, with all lay a special writ, termed a writ of re
its rights, glebes, tithes, and other profits
( Spelm ). The word was and is, however, disseisin ( Reg. Orig. 204 ; Cowel ).
often used to signify the rector's manse, or REDUCTION. In French Law, when a
parsonage house (ken . Par. Antig . 519 ). parent gives away, whether by gift inter
See titles Advowson ; TITHES ; VICAR- viros or by legacy, more than his portion
AGE. disponible, the donee or legatee is required
RECUSANTS. This word , as used in to submit to have his gift reduced to tho
the statutes, has been expounded to mean legal proportion.
all tho e who separate from the church as See title HOTCHPOT ; RAPPORTS.
established by the laws of this realm (Les REDUCTION OF CAPITAL. The Com
Termes de la Ley). Numerous laws against panies Act, 1867 (30 & 31 Vict. c. 131 )
recusants were passed in the persecuting empowers any joint stock company limited
times of Charles II . , in which reign these by shares to modify by special resolutions
recusants were chiefly non -conformists. and with the sanction of the Court of
The term does not, in fact , appear to have Chancery the conditions of its memorandum
ever been applied to Roman Catholics or of association so as to reduce its capital,
Jews, but only to Protestant Dissenters. And this power is extended by the Com
See title Non -CoNFORMISTS. pauies Act, 1877 (40 & 41 Vict. c . 26).
REDDENDO SINGULA SINGULIS . A REDUCTION INTO POSSESSION . A
rule of coustruction , whereby alternative trustee is bound to reduce into possession,
sentences are construed by realing the i.e., to realize all the outstanding personal
single phrases with their respective cor- property of the deceased testator, unless
relativos. the latter has expri ssly authorized him to
REDDENDUM. The reddendum is a continue it outstanding. Again , a hus
clause in a deed by which the grantor band upon reducing into possession his
reserves something to himself out of what wife's choses in action becomes entitled to
he has granted before. It is situated be- them for his own benefit ; but what woulil
tween the habendum and the covenants in be a reduction into possession ( so called )
deeds, and usually begins either with the in the case of a trustee would not invari .
word “ yielding ” or the word “ rendering ;" ably be so in the husband's case, for in the
thus in a lease, that clause which com- latter case the actual thing must be got in,
mences with the words “ yielding and pay- not the purchase-money for it (Hornsby v.
ing ” is the reddendum (i Cruise, 26). Lee, 2 Mad. 16).
REDDITION. Was a judicial confession RE -ENTRY. The entering again into
and ackuowledgment that the land or thing or resuming possession of premises. Thus
in demand belonged to the demandant, and in leases there is a proviso for re-entry of
not to the person surrendering it ( 34 & 55 the lessor on the tenant's not paying the
Hen . 8 , c. 24 ; Cowel ). rent, or not performing the covenants cou
See title IN JURE CESSIO . tained in the lease ; and by virtue of such
REDDITUS SICCUS. A rent for the re- proviso the lessor may take the premises
covery of which no power of distress is ! into his own hands again if the rent be not
given by the rules of the Common Law paid, or the covenants be not observed by
(3 Cru . Diç. 314). It is also sometimes the lessce ; and this taking of possession
called a rent- seck (Litt. sec. 217, 218 ; Co. again is termed re-entry (2 Cruise, 8 ;
Litt. 143 a, 143 B, 153 a , n . ( 1 ). But a Cowel).
See title ENTRY.
power of distress for this rent was given
by stat. 4 Geo. 2, c. 28. RE -EXAMINATION : See title EXAMI
See title RENT. NATION OF WITNESSES.
REDEEMABLE RIGHTS. Such rights RE - EXCHANGE . Was originally the
as return to the grantor of lands, & c., on cross-bill of exchange which the holder of
RE -EXCHANGE - continued . REFEREES — continued .

an original bill drew upon dishonour of 142 ; Pontifex v. Severn, 3 Q. B. Div . 295 ;
that bill for such a sum of money (and and Mellin v . Monico, 3 Exch. Diy. 144).
interest and expenses ) as would at the exist. REFERENCE . The fact of something
ing rate of exchange between the two being referred. Thus in the proceedings
countries exactly purchase the amount of in an action , matters frequently arise which
the original bill,-where that amount was
in a foreign currency. It is now commonly would take up too much of the time of the
used to denote the amount itself of the Court to be brought before it for its deci
cross -bill. The drawer ( but not the ac sion ; and such matters are therefore re
ferred to the masters of the Common Law
ceptor) is liable for the re-exchange. Courts, or the chief clerks in Chancery, or
RE - EXTENT. A second extent made to the official referees, or to special referees,
on lands and tenements on complaint being to be inquired into by them . The order
made that the former extent was only par- of the Court authorizing such a reference
tially performed ( Cowel ). is termed an order of reference.
See title EXTENT, WriT OF. See titles ARBITRATION AND AWARD ;
REFEREES. By consent of all parties REFEREES.
any question or issue of fact in any civil REFERRING A CAUSE. When an ac
cause or matter may be referred to a referee ' tion involves matters of account or other
for him to try same, and to report the intricate details which require minute ex
result of his trial ( Judicature Act, 1873, amination, and for that reason are not fit
8s. 57, 58 ) ; and by compulsory order of to be brought before a jury, it is not unusual
the Court or a judge, any question or issue to refer all matters in difference between
of fact, or any question of account, in any the parties to the decision of an arbitrator,
civil cause or matter requiring either a and in such a case the cause said to be
minute examination of documents or of ac referred .
counts, or a scientific or local investigation , See titles REFERENCE ; REFEREES .
may be referred to a referee either official
or special for him to try same and to report REFORM ACT, 1832. Disfranchised
the result of his trial ( Judicature Act, boroughs having a less population than
1873, ss. 57, 58). And the referee may, 2000, and reduced borouglis having a less
before the conclusion of the trial before population than 4000 to one member, and
him , or by his report, submit any question transferred the free seats to the larger
for the decision of the Court, or state any towns (theretofore unrepresented ), namely,
facts specially, with power to the Court to Birmingham , Manchester, Leeds, & c.; the
draw inferences therefrom (Order xxxvi., Act created also the four metropolitan
31 , March 1879 ). In either case the report boroughs of Marylebone, Finsbury, the
may be either adopted or set aside by the Tower Hamlets, and Lambeth , with two
Court; butif not set aside, it is equivalent members each . The Act also increased
to the verdict of a jury ( Judicature Act, the number of the county members from
1873, s. 58) ; and apparently judgment 94 to 159. The Act retained the 40s. free .
may be obtained upon it by subsequent hold qualification for counties, and added
motion for judgment, the judgment or copyholdersof 101. per annum, lenseholders
order being entered in such form as the ( sixty years ) of 101. per anuum , or ( twenty
Court directs (Order xXXVI., 31, March years ) of 501. per annum ; and introduced
1879). And regarding such references the 101. resident householder qualification
( whether voluntary or compulsory ) and for boroughs.
such report, the Court or judge has all the REFORM ACT, 1867 : See title ELEC
powers of the Common Law Procedure TORAL FRANCHISE .
Act, 1854 ( Judicature Act , 1873, s. 59 ) ; REFORMATION . The great change
and , in addition, the Court or judge either
(1.) may require the referee to explain or effected in the reign of Henry VIII. (as re
give reasons for his report, and may remit gards its political aspects) and in the
to him or to some other referee the cause or reigns of Edward VI. and Elizabeth (as
matter or any part thereof for re -tria ) or regards its religious aspects) is so called.
further consideration, or (2. ) may itself de REFORMATORY. Under the stat. 29
cide the question on the evidence taken & 30 Vict . c. 117, s . 14, where a juvenile,
before the referee with or without addi- i.e. , person to appearance under sixteen
tional evidence as the Court may direct years of age, is convicted, whether on in
(Order xxxvI. 34 , March 1879 ; Dunkirk dictment or in a summary manner, of an
Colliery Co. v. Lever, 9 Ch . Div. 20). Nota offence punishable with penal servitude or
Bene.- No compulsory reference of the imprisonment , and is sentenced to be im
entire action can be made under the Judi- prisoned for the period of ten days or
cature Acts ( Lorgman v. East, 3 C. P. Div. longer, he may be sent to a reformatory
2 G 2
452 A NEW LAW DICTIONARY ,
REFORMATORY - continued . REGENCIES — continued .
school of his own religious persuasion for (6. ) Edw . VI.-- Somerset's regency .
between two and five years. In recent reigns various Acts professing
REFRESHER . It frequently happens lly the
to regulate
principa the followin : been passed ,
regency ghave
that after the briefs in an action have been 24 Geo. II . c. 24 ;
delivered to counsel, the action from a Geo. III.-First Regency Act, 1765 :
press of business or some other reason , is Second 1810 ;
auljourneil, or allowed to stand over from 1 wi . IV c. 2 ;
one sittings to another, which imposes upon Victoria - .Firs t Regency Act, 1837 ;
counsel the necessity of re -perusing their Second 1840. LAW
briefs, in order to refresh their memory See title SUCCESSION TO CROWN,
99
upon the various points of the case ; in OF .

consideration of which, it is usual for the
attorney to mark on the briefs which have RÉGIME DOTAL . In French Law , the
so been delivered a small additional fee, dot, being the property which the wife
thence termed a refresher fee ( Harrison v. brings to the husband as her contribution
Waring, 11 Ch . Div. 206 ). to the support of the burdens of the mar
riage, and which may either extend as well
REFRESHING MEMORY : See title
MEMORANDA IN EVIDENCE. to future as to present property, or be ex
pressly confined to the preseut property of
REFUSAL : See titles OFFER ; OPTION the wiſe, is subject to certain regulations
TO PURCHASE ; PRE-EMPTION. which are summarized in the phrase régime
dotal. The husband has the entire ad
REGAL FISHES : See title Fish ROYAL . ministration during the marriage ; but as
a rule where the dot consists of immove
REGALIA . The royal rights of a king ; ables, neither the husband nor the wife, nor
also occasionally the outward emblems of both of them together, can either sell or
sovereignty. Regalia facere is to do homage mortgage it. The dot is returnable upon
or feulty when the king is invested with the dissolution of the marriage, whether by
the regalia ( Cowel). death or otherwise.
REGARDANT. A villein regardant was See title Dos.
regardant to the manor in respect that he RÉGIME EN COMMUNAUTÉ. In
was like a chattel annexed thereto, and
because he was charged with doing all French Law is the community of interests
between husband and wife which arises
base services within the manor, and with
upon their marriage. It is either (1.) legal
seeing that it was freed from all things or (2. ) conventional, the former existing in
that might annoy it (Co. Litt. 120 ; Cowel). the absence of any agreement properly so
See title VILLAINS . called and arising from a mere declaration
REGE INCONSULTO. A writ issued of community, the latter arising from an
from the king to the judges, commanding agreement properly so called. Legal com
them not to proceed in a cause which munity extends to all the moveable and
might prejudice theking without the king immoveable property of both parties (and
being advised ( 18 Vin . Abr. 275, 280). the profits thereof) at the time of and
during the marriage, and also to all the
REGENCIES. During the absence of debts with which either spouse is burdened
the Norman and early Plantagenet sove- at the date of the marriage , or which the
reigns, the chief justiciar used to exercise husband or the wife ( with his consent) con
the powers of a regent; and latterly, tracts during the marriage. Under such
during such absences, the government was a community, the husband has the sole
committed to Lords Justices or Custodes management and disposal of the property,
Regni. But after hereditary succession to but he cannot give it away for nothing ,
the Crown recognised the law of Primo- unless it should be for the advancement of
geniture (Hen . III), the infancy of the the children of the marriage. This com
king, or other physical or mental incapa- munity is destroyed by a judicial separa
city, required the appointment of a regent tion de corps et de biens, and the wife
properly so called. And the chief instances recovers the free administration of her
of such regencies are the following : gooils. Conventional community may be
( 1. ) Henry III.- Pembroke's regency ; as diverse as the parties choose by their
(2.) Edw. 111. - Parliamentary regency ; conventions to make it, these conventions
(3.) Richard II.-- Council of Twelve ; most commonly regulating the amount of
( 4. ) Hen . VI. - Bedford and Gloucester's property which shall be held in common ,
regencies ; and afterwards York's excluding the after-acquired property from
regency ; the community, or making other such re
(5.) Edw . V.- Gloucester's regeney ; strictive regulations.
REGISTER . A book wherein things are REGISTRARS IN CHANCERY - contd .

registered for the preservation of the same, in drawing up and « ntering (by themselves
e.g., a parish register of baptisms, mar or their clerks) all decrees and orders made
riages, and burials ; a register of writs, &c. by these judges in court, and occasionally
(Co. Litt. 159 ; Cowel ) . the orders made in chambers . The regis.
REGISTER , EXTRACTS FROM, PROOF trar first delivers out a draft of the decree
OF. This proof is by certified copy, the or order, and with it yives the party having
person to certify being (usually ) the person the carriage of the decree or order, an
having the legal custody of the register appointment for settling same, and the
(Lord Brougham's Evidence Amendment party receiving such appointment gives
Act, 1851 , 14 & 15 Vict. c. 99, and Docu notice of it to the other side, and both
mentary Evidence Act, 1845, 8 & 9 Vict. parties attend on the day appointed to
c. 113). settle the decree or order.
See titles DOCUMENTS, PROOF OF ; Re REGISTRARS OF DISTRICT REGIS
CORD, PROOF OF . TRY : See title DISTRICT REGISTRARS .
REGISTRAR. An officer who has the REGISTRATION . Bills of sale, judy
custody or keeping of a registry. There ments, and various other legal documents
are several officers of this kind. The
principal are the registrars of the Courts require to be registered, in order to their
complete efficacy. And in other matters,
of Chancery and Bankruptcy and the registration is optional .
Registrars of Births, Deaths, and Mar
riages. REGISTRATION OF BIRTHS, &c. A
REGISTRARS IN BANKRUPTCY . Are civil registration was first established in
officers of the Court of Bankruptcy in 1836 of births, deaths, and marriages.
Previously to that year, births, baptisms,
London appointed under the 61st section of & c ., were registered in the parochial regis
the Bankruptcy Act, 1869, by the Chief tries, or merely in private books, e.g.,
Judge in Baukruptcy. And they perform Bibles, &c .
such duties as are from time to time as
REGISTRATION OF TITLE : See title
signed to them by the chief judge with
the assent of the Lord Chancellor; and the REGISTRY OF LAND.
chief judge may delegate his duties (or REGISTRY OF DEEDS. By certain
any of them ) to the registrars, in which Acts of Parliament all deeds, writs, and
case the registrars sit and act as chief other conveyances (with some exceptions)
judge, and the appeal from their decisions which affect lands in the counties of
when so sitting and acting is not to the Middlesex and York, are required to be
chief judge, but to the Court of Appeal. registered ; the statute for Midillesex being
REGISTRARS OF BIRTHS, &c. The 7 Anne c. 21, and the statutes for York
registrars of birtlıs, deaths, and marriages shire being 2 & 3 Anne, c.4 ( West Riding ),
are officers appointed under the 6 & 7 6 Anne, c. 62 (East Riding), and 8 Geo. 3 ,
Will . 4, c. 86, 7 Will. 4 & 1 Vict. c. 22, and c. 6 ( North Riding ). The object of this is
3 & 4 Vict. c. 92, for the purpose of keep that purchasers and mortgagees of lands in
ing in their respective districts an exact these counties by referring to this register
register of every birth, death, and marriage may have an opportunity of ascertaining
which may take place therein. The regis whether the lands they are about to pur
trars of each union are subjected to the chase are in any way incumbered or other
wise affected by any prior transactions ;
supervision of the “ superintendent regis and therefore by these statutes, deeds and
trar " of the union ; and these again are
subject to the authority of a superior officer conveyances are void against subsequent
appointed under the great scal , and hold purchasers or mortgagees, unless registered
ing office during the pleasure of the Crown, before the conveyances under which such
called the “Registrar General of Births, purchasers or mortgagees claim, unless, in .
Deaths, and Marriages in England.” deed, the subsequent purchaser or mort.
See title REGISTRATION OF Births, &c. gageehad express notice of the prior charge
( Le Neve v. Le Neve, 2 Wh. & Tud . L. C.
REGISTRARS IN CHANCERY, Are 28). But as regards wills , it is provided
officers of the Chancery Division of the High by the Vendors and Purchasers Act, 1874
Court of Justice , whose duty it is to attend (37 & 38 Vict. c. 78), that where the will
( in regular rotation ) the Lord Chancellor, of a testator devising land in Middlesex or
the Lords Justices, the Master of the Rolls , Yorkshire has not been registered within
the three Vice -Chancellors , and the Addi the period (six months) allowed by law in
tional Chancery Judye in court, and also thatbehalf, an assurance of such land to a
( whenever so required ) in chambers . Their purchaser or mortgagee by the devisee or
principal duties are defined by Consoli . by some one deriving title under him shall ,
dated Order I. rulus 17 to 33, and consist if registered before , take precedence of and
REGISTRY OF DEEDS - continued . RE -HEARING - continued .
prevail over, any assurance from the testa and now a party desirous of a re hearing
tor's heir -at - law . must content himself with an appeal .
See title REGISTRY OF LAND. See titles APPEAL ; BILL OF REVIEW .
REGISTRY OF LAND ; See title LAND RE - INSURANCE, CONTRACTS OF : See
TRANSFER ACT, 1875 . title Re - AsstRANCE.
RE -GRANT. Prior to the stit. 3 & 4 REJOINDER : See title REBUTTER.
Will . 4, c. 74, a mode of barring an estate
REJOINING GRATIS. Rejoining volun
tail in copyhold lands was a forfeiture and
re - grant; i.e., the tenant in tail (in collu tarily, or without being required to do so
sion with the lord or his steward ) forfeited by a rule to rejoin . When a defendant 1
liis lands, and the lord granted them out was under terms to rejoin gratis, he had to
anew to the same tenant in fee simple, deliver a rejoiuder, without putting the
according to the custom . An exception of plaintiff to the necessity and expense of
mines and minerals with the right of work obtaining a rule to rejoin (Atkins V. Ander
ing out of the conveyance of the lands, is son , 10 M. & W. 12 ; Lush's Pr. 396).
See title PLEADING IssL'ABLY.
sometimes compared to a re- grant; but
that is only a mode of speaking, because RELATION : See title RELATOR.
the exception is in reality a slice of the RELATION BACK. Where a legal status
original ownership.
See title EXCEPTION . ( whether of ability or of disability ) accru
ing at any specitied date is considered as
REGRATING. In one sense , this word dating from any earlier date, it is said to
signified the scraping or dressing of cloth relate back to such earlier date .
or other goods for the purpose of selling See titles ADJUDICATION ORDER ; PRO
them again. But in its more ordinary TECTED TRANSACTIONS.
sense, it means the offence of buying or RELATIVE RIGHTS. As opposed to
getting into one's hands at a fair or market those rights which are called absolute , are
any provisions, corn , or other dead victual rights correlating (i.e., corresponding) with
with the intention of selling the same duties lying on assignable individuals, and
again in the same fair or market, or in not ( primarily at least) on the world at
some other within four miles thereof, at large. Rights of property are usually rela
a higher price ; and he who does so com tive ; and rights to one's person ( whether
mits a criminal offence, aud is termed a life, or limb, or reputation) are absolute,
regrator (3 Inst. 195 ; 5 Ed . 6, c. 14 ). RELATOR . An informer . In the case
See title FORESTALLING ,
REGULATORS OF CORPORATIONS : of an information being filed by the
Attorney -General at the relation of some
See title ELECTIONS, Crown's INFLUENCE IX. informant, such informant is termed a
RE-HEARING. When a party desired relator, and the information is said to be
to have a decree of the Court of Chancery at the relation of such person .
reversed or altered he petitioned for a re See title INFORMATION .
hearing ; that is, for the cause to be heard RELEASE. A release is a discharge
again . Such re-hearing was usually had
before the same judge that had previously or conveyance of a man's right in lands
heard the case. It was obtained upon a or tenements to another who already has
petition to the Lord Chancellor, accom an estate in possession ; as if A. has a
lease of lands for a term of years, and
panied with the certificate of two counsel, B. has the remaiuder or reversion in fee ;
one of whom , at least, must have been here the fee simple of the lands may be
engaged on the occasion of the former come vested in A. by B. executing a
liearing ; and the usual ground of it was release of the lands to A. (4 Cruise , St).
that there had been an oversight on the Such a release is said to operate by way of
part of the judge, resulting in a mis enlargement of the estate of A.
carriage of justice. The certificate was, See title CONVEYANCES, sub- title Re
however, in the most general form , merely lease.
stating that the cause was a proper one to
be re -heard. In case the re- hearing was RELEASE OF OBLIGATIONS. Is an
that of an order made on motion, then no acquittance or discharge of obligations ;
certificate of counsel was required , and and is commonly under seal.
neither was any petition of appeal neces ACQU
See title ITTANCE
sary, but counsel merely moved the Court RELEASE TO USES. The conveyance
of Appeal on motion with notice. All re by a deed of release to one party to the use
hearings have been abolished under the of another is so termed . Thus when a
Judicature Acts, 1873-1875 ( In re St. conveyance of lands was effected, by those
Nazaire Land Co., W. N. 1879, p. 124) ; instruments of assurance termed a lease
A NEW LAIV DICTIONARY 455
RELEASE TO USES — continued . 1 REMAINDER — continued .
and release, from A. to B. and his heirs, to vested or contingent. Vested remainders
the rise of C. and his heir , in such a case (or remainders executed) are those on the
C. at once took the whole fee simple in creation of which a present interest passes
such lands, B. by the operation of the to the party, though to be enjoyel at a
Statute of Uses, being made a mere con- future time, and by which the estate is
duit pipe for conveying the estate to C .; invariably fixed to remain to a determinate
and B. was called the releasee to ust s. person after the particular estate is spent.
As if an estate is conveyed to A. fur
RELEASEE TO USES : See title RELEASE twenty years, remainder to B. in fee ; here
To Uses. B.'s is a vested remainder, which nothing
RELEGATIO VEL DEPORTATIO . Were can defeat or set aside ; so that a person
forms of punishment known to the Roman entitled to a vested remainder has an im
Law , and were (in effect) banishment or mediate fixed right of future enjoyment,
transportation . Deportutio was the severer that is, an estate in præsenti, though it is
of the two, involving loss of citizenship, ! only to take effect in possession and receipt
and consequently of the patria potestas of the profits at a future period . Con
and other civil rights, whereas relegatio tingent (or executory ) remainders are such
involved no such loss, but simply restricted as are limited to take effect in favour of
the binished persou to sone particular a dubious and uncertain person ; as if an
place. estate is conveyed to A. for life, with re
mainder to B.'s eldest son (then unborn )
RELIEF. A fine or acknowledgment,
which, during the fendal system , the heir in tail ; this is a contingent remainder, for
paid to the lord on being admitted to the it is quite uncertain whether B. will have
feud which his ancestor possessed ; it a son or not ; but the instant that a son is
generally consisted of houses, armis, 11 oney, born, the remainder is no longer contin
and the like ; it was called a relief, either gent, but vested ( 2 Cruise, 231 ). These
two varieties of remainder are defined in
be cause it raised
inheritance, up andby
or because re -established the : Williams's
it the heir took Real Property as follows :
up or litted up the inheritance, or in the ( 1.) A vested remainder is one which is
words of the feudal writers, “ incertam et always ready from its creation to its close
caducam hereditatem relerabat” (kuicht, to come into possession the moment the
14 ). It seems that a relief is still payable, prior estate determines ;
if demanded ( Wms. R. P. p . 120 ) ; in ( 2. ) A contingent remainder is one which
amount it is one year's quit rent. is not always to ready.
See title INCORPOREAL HEREDITAMENTS.
RELIGION : See title Monk ; Nus.
RELIGIOUS SECTS : See titles DISSEN
REMAINDER, CROSS. Wliere lands
TERS ; Jews ; Non -CONFORMISTS ; CHCRCH are granted to two or more people as
AND STATE, &c. i tenants in common for particular estates,
and it is expressed that upon the deter
REM , IN : See title IN PERSONAM . mination of the particular estates in any of
REMAINDER . A remainder is defined the shares they are to remain over to the
to be an estate limited to take effect other or surviving or continuing grantees,
and be enjoyed after another estate is 80 as that the reversioner or remote re
determined . As if a man who is seised mainderman is not to be let in until all
of lands the particular estates have determined, the
for twentyinyears,
fee simple grants
and after them to A.
the determina- grantees (tenants in common ) are said to
tion of that term , to B. and his heirs have cross- remainders limited to them .
for ever ; in this case the estate of A , Such remainders may be created either in
(that is, the interest which A. has in the deeds or in wills ; but in deeds the words
lands for the twenty years) is termed an must be express, whereas in wills it is not
estate for years ; and the estate of B. ( that unfrequent to find cross-remainders im
is, the interest which B. has in the lands plied (Holmes v. Meynell, T. Raynı. 452 ) .
after the end of the twenty years ) istermed Cross-remainders may be implied between
a remainder. In order to constitute or to more than two tenants in common, but the
create a remainder, it is a rule that there implication does not very frequently arise
must be some particular estate (as it is ( Pery v . White, Coup. 780 ) ; in these cases
termed ) to support it, that is, at the time it is therefore better to use express words
of creating a remainder there must be to create them , where that is the intention .
some estate (in the same lands to which REMAINDER, FORMEDON IN : See
the remainder applies ) created at the same title FORMEDON .
time to precede the remainder, which pre
ceding estate is termed the particular REMANET . The causes which are de
estate . Remainders are said to be either ferred being tried from one sittings to
456
REMANET — continued .
RERI
MEDI SUR
another, are termed remanets ( 1 Arch . GHES
T - cont inueVIV
d. E BUT NOT
Pract. 375 ).
REMEDIES BY ACT OF THE PARTY . monsev
of ey,era - part
orlofcoone of ners enti
several cotled orsrece
- debtto liabive
le
These remedies are, e.g. , self-defence, to pay money ; for in each of these cases
entry, abatement of nuisances, distress. the survivor or survivors alone sue or (as
seizure of heriots, &c.; and in a lessappro- the case may be) are sued . Nevertheless,
priate sense, arbitration, accord and satis- the money recovered in the one case , and
faction, and such like .
REMEDIES, LEGAL AND EQUITABLE. the liability borne in the other case , are
afterwards distributed pro ratâ in equity
The effect of the new procedure, introduced between the survivor and the estate of the
by the Judicature Acts, 187:3–75, has been dece ased . RANCER CITY OF LONDON
generally to reduce every action, no matter REM EMB , .
upon what ground , to a simple action on An officer of the corporation , whose duties
the case ; commencing with a writ, and are partly ceremonial ( e.g. in regard to
being followed up by aà statement of claim , presentations, & c .) and partly legal and
and in wbich statement of claim the plain- parliamentary (e.g., in respect of his in
tiff gives a simple narrative of the circum- spection of bills before Parliament likely
stances, and concludes by claiming the to affect the corporation in any way, and
redress which he believes himself entitled
to or such other relief as the Court may report
has t pur
foringthasam e a corp
posthe
e to oratofioncons
right ). tant
He
think he is entitled
upon these circum
stances. But notwithstanding that such access to the House .
has been the effect of these acts , it is never REMEMBRANCERS OF THE EX
theless desirable, and indeed essential, to CHEQUER. Were three officers, or
possess a knowledge of the old distinctions clerks, of the Exchequer. One was called
between the different classes and objects of the king's remembrancer ; another the lord
actions ; for in many cases the nature of treasurer's remembrancer ; and the third ,
the action is the best explanation of the the remembrancer of the first fruits. (1. )
nature of the right, and of the elements The king's remembrancer entered in his
which constitute its invasion , and in every
office all recognizances taken before the
case more or less of technicality in plead barons for any of the king's debts, or for
ing still survives. Also, where formerly appearances, or for observing of orders ;
the action would have been at law and not
he wrote process against the collectors of
in equity , or rice versâ. the action should customs, subsidies, and fifteenthis for the
still be brought in the appropriate divis.on . accounts, &c. (2. ) The lord treasurer's
Now the principal legal remedies were, remembrancer made process against all
( 1. ) Trespass ; ( 2. ) Trover ; (3. ) Case ; sheriff's, escheators, receivers, and bailiffs,
( 4.) Ejectment; ( 5.) Covenant and assump for their account; also of fieri facias and
sit ; and (6. ) Action for use and occupa extent for any debts due to the king either
tion ; and the principal equitable remedies in the pipe or with the auditors , & c .
were, ( 1. ) Injunction with or without (3. ) The remembrancer of the first fruits
damages; ( 2.) Action for account ; (3.) took all compositions and bonds for the
Specific enforcement of covenant; (4.) Spe first fruits and tenths, and made process
cific performance of contract ( whether of against such as did not pay the same
sale or of lease ) ; (5.) Appointment of re ( Cowel). The duties of all these officers
ceiver or manager; (6.) Foreclosure ; and have for a long time been discharged by
(7. ) Declaration of rights. See these seve the king's (now Queen's) remembrancer ,
ral titles. and the office ( together with the duties)of
REMEDIES BY OPERATION OF LAW . the latter has been now transferred to the
There are principally two , viz ., ( 1.) Re- Centra
Seel Off e CE
titlice ofNT RASup
the L OFrem SUPREME
FIeCECou( rt.
tainer by an executor oradm inistrator of
his own debt out of the assets, in priority Соокт).
to other creditors of oqual degree ; and RÉMÉRÉ :: See title Rachat .
(2.) Remitter.
See titles RETAINER ; REMITTER . REMISE DE LA DETTE . In French
REMEDIES SURVIVE BUT Law is the release of a debt.
NOT à
OBLIGATIONS.
RIGHTS . This is a maxim of legal pro- SeeITT
REM e REL
titlER . EAS E OF pro
In real perty law is a
cedure, applicable under certain circum- restitution of one who has two titles from
stances, but its applicability has been the latter defective title, in respect of
much reduced, semble, since the Judicature which he is in possession, to the former
Acts assimilated the law and equity pro- complete title which he has to the lands,
cedures. However, the maxim still holds but in respect of which he is not in posses
good in the case, e.g., of the decease of one sion. It was necessary in order to the
REMITTER - continued . REMOVAL OF ACTIONS - continued .

principle of remitter taking effect, that the 12). (2.) The removal is also of right on
latter title should have come to the party the part of a defendant (where writ of
by act of law ; for if it came to him by summons is specially indorsed under Order
his own act, he was taken to have waived III., 6 ) in either of the following cases :
his former or more ancient title ( Co. Litt. ( a .) Where plaintiff , within four days after
358 ). At the present day , real actions appearance of defendant does not apply
having been abolished , and the fact of ( under Order xiv. , 1 a ) for an order to sign
possession acquired by whatever title being final judgment on affidavit of no deferice
actively protected by the Courts, the doc (Order xxxv., 11 ) ; or (b .) Where plaintiff
trine of remitter has lost its importance, has so applied, but defendant has obtained
at least in regard to the ownership of leave ( under Order xiv ., 5 ) to defend (Order
.
lands. XXXV., 11 ). (3.) The removal is in tho

REMITTITUR . This word was ordin discretion of the Court in all other cases,
arily used in two senses ; first, for an on the application of either plaintiff or
entry or minute which a plaintiff some defendant. As regards removal of action
times made expressive of his intention to generally from county court into High
give up or waive the damages which he Court, see 28 & 29 Vict. c . 99 for Chancery
had originally demanded in his declara matters, and 19 & 20 Vict. c. 108 for
tion , whence the entry was called a re Common Law matters; and conversely as
mittitur damna ; secondly , to signify the regards removal of action generally from
returning or sending back by a Court of High Court into county court, see 30 & 31
Appeal ( e.g., by the House of Lords) of Vict. c. 142, s. 7 for Chancery and Common
the record and proceedings to the Court Law matters equally ; and see Osborne
whence the appeal came ( Tidd's Forms, v. Homburg, 1 Exch. Div. 48 ; Foster v.
574, 615, & c.). Underwood, 3 Exch . Div. 1 ; Welpby v.
Bull, 3 Q. B. Div. 80, 253 ; and distinguish
REMOTENESS OF DAMAGES. Where Insley v. Jones, 4 Exch. Div. 16.
damages of an indirect or consequential RENDER . To give up, to yield, to
character are refused at a trial , they are
said to be refused on the ground of surrender. Thus, when a defendant who
remoteness . has been arrested, and has obtained his
See title DAMAGES. libertyby procuring bail, yields himself up
again into custody, in order that the bail
REMOTENESS OF ESTATES. Any may be discharged from their obligation
estates in land, or so -called estates in per and liability, he is said to render himself
sonal property, attempted to be created in indischarge of his bail (1 Arch. Pract.
excess of theRule of Perpetuities are void 872) .
for remoteness ; and estates in lands con RENEWAL OF LEASE. Some leases
travening the rules for the creation of
are reuewable as of right, and others at the
contingent remainders are also occasionally
said to be void for the same cause . option of the landlord only : all renewals
See titles CONTINGENT REMAINDERS ; are usually upon terms, including the pay
PERPETUITIES. ment of some premium or renewal fiue;
REMOTENESS OF EVIDENCE .. Evi and they may be either for lives or for
years. A trustee renewing a lease holds it
dence, whether direct or circumstantial, for the benefit of his cestui que trust, but
which is merely conjectural, that is, which with a lien for liis renewal expenses .
does not present an open and visible con RENEWAL OF WRIT : See titles
nection between the factum probandum
and the factum probans, is rejected for Execution , WRIT OF ; SUMMONS, WRIT OF.
remoteness. RENOUNCING PROBATE . Refusing to
REMOVAL OF ACTIONS. Any party take upon oneself the office of executor or
executrix. The effect of this renunciation
to an action proceeding in London may is, that the renouncing executor or execu
obtain an order, but not as of right, from
trix or administrator or administratix, is
the Court or judge to remove the action wholly debarred thereafter from the right
from the High Court (i.e., from London to obtain a grant of probate or adminis
Chambers) into the District Registry ( Order tration (21 & 22 Vict. c. 95, s. 79).
XXXV., 13). And conversely the removal
of an action from the District Registry into RENT. Defined to be an annual return
the High Court is authorized in the follow made by the tenant to the landlord , either
ing cases :-(1.) The removal is of right in labour, or in money , or in provisions, in
on the part of a defendant where the writ consideration of the lands or tenements
is not specially indorsed (Order xxxv., 11 ), which such tenant holds of his landlord ;
unless the defendant asking removal is from which it follows, that though rent
merely formal (Order xil., 5 ; Order XXXV. , must be a profit, yet there is no occasion
RENT - continued . RENTAL- continued .
that it should consist of money. The earh tenant, the names of the tenants,
principal varieties of rent are, - and other particulars connected therewith
( 1.) RENT SERVICE, see that title ; ( Cunningham ).
( 2. ) RENT SECK , see that title ; RENT -ROLL : See title RENTAL.
( 3. ) RENT CHARGE, see that title ;
(4. ) QUIT OR CHIEF RENT, see these two RENTS OF ASSISE. The certain and
titles ; determined rents of the freeholders and
( 5. ) FEE Farm Rent, see that title ; and ancient copyholders of manors are called
( 6. ) GROUND RENT, otherwise called a rents of assise, apparently because they
BUILDING RENT, see title GROUND were assised or made certain, and so dis
RENT. tinguished from a redditus mobilis. which
RENT CHARGE. Is a sum of money was a variable or fluctuating rent (3 Cruise,
charged upon and issuing out of land, and 314).
payable at annual or other periodical REPAIR , COVENANT TO. This cove
periods. Such a rent.charge may be created nant (when in its usual form ) bin is the
as a means of repaying money lent, and in lessee as from the date of the execution of
that case the deed creating it required , at the lease and not sooner (although the
one time (under the Annuity Act, 5:3 lease may have commenced sooner ); and
Geo . III., c. 141 ), to be enrolled in the it runs with the land . As applying to
Court of Chancery, and it now requires to houses it obliges the tenant to keep the
be registered in the Court of Common Pleas house in substantial repair, haring regard
( 18 & 19 Vict . c. 15 ), but not to be re to the age and character of the building,
registered. A rent-charge is also very i.e., having regard to the condition of the
commonly created upon the settlement of premises at the time when the covenant
lands ( whether by deed or will ), e.g., the began to operate ( Walker v. Hatton , 10
pin -money, jointure and portion provisions M. & W. 258).
contained in settlements are rent-charges ; REPAIRS. In the absence of express
but these require neither enrolment nor agreement to repair, a tenant from year to
registration. They are usually aided by year is bound to keep the demised premises
an express clause of distress for the arrears, (if houses) wind and water-tight, and
but in the absence of such an express
clause, the stat. 4 Geo . II., c. 28 gives an
(whether lands or houses) to use them in
a tenant-like manner, and generally to re
implied power to distrain for the arrears. place breakages ; and that is all . Tenants
RENT SECK. Is a rent -service severed for a term of years, as for life, are liable
from its reversion, or a chief or qnit rent even for permissive waste , semble ( Harnett
severed from its seigniory. At Common v. Maitland, 16 M. & W. 257 ; Yellowley v.
Law it was not distrainable for, the right Gover, 11 Exch . 294 ) As regards the
of distress at Common Law being incident repairs of parıy -walls, when these are
only to the reversion or seigniory ; but the ancient party-walls, either tenant in com
stit. 4 Geo. II . , c. 28 bas given to the mon may repair them , and when they are
owner of a rent seck the right of distraining not ancient but of known modern origin,
for the arrears. Seck literally means dry each several owner may repair his own
(siccus ), i e. , dry of (or without) the power wall.
of distress or the relationship of fealty to See titles REPAIR , COVENANT TO ; RE
which that power was incident. PARATIONE FACIENDA , WRIT OF ;
WASTE.
RENT SERVICE . Is the usual rent
payable by a lessee to his lessor, and it REPARATIONE FACIENDA, WRIT OF.
carries with it even at Common Law the A writ which lay in various cases; as if,
right to distrain for arrears . Rent-service for instance, there were three tenants in
was originally entire and indivisible, but common, joint tenants, or tenants pro
by the stat. Quia Emptores ( 18 Edw . I., c. 1) indiviso, of a mill or house which had
it was rendered divisible, and by modern fallen into decay, and one of the three was
statutes it has been made apportionable. willing to repair it, and the other two not,
See titles APPORTIONMENT; APPORTION in such a case the party who was willing
MENT OF RENT. to repair it might have this writ against
RENTS AND ROYALTIES : See title the other two ( Reg. Orig. 153 ; Cowel).
ROYALTIES . REPETITION OF LEGACIES : See title
RENTAL. A roll on which the rents of SATISFACTION IN EQUITY.
a manor, or other estate, are registered or REPLEADER. When, after issue had
set down, and in accordance with which been joined in an action and a verdict
the landlord's bailiff collects them . It given thereon, the pleading was found (on
contains the lands and tenements let to examination ) to have miscarried, and failed
REPLEVIN - continued .
REPLEADER -continued.
tò effect its proper object, viz., of rai: ing the right is otherwise determined , then the
an apt and material question between the plaintiff recovers damages for the illegal
parties, the Court woulil, on motion of the taking and detaining of the goods and
unsuccessful party, award a repleader, that chattels ( Com . Dig tit. “ Replevin ” ;
is, would order the parties to plead de 2 Arch . Pr. 1081 ; Woodfall's Land, and
novo, for the purpose of obtaining a better Ten . lib. 3, c. 6, s. 1 ).
issue. The Court would after trial grant a See title REPLEVIABLE,
repleader only if t ' at would be the means REPLEVY. This word , as used in re
of effecting sub : tantial justice between the ference to the action of replevin , signifies
parties ; and the Court would not grant it, to re -deliver goods (which have been dis
where it could give judgment non obstante trained ) to the original possessor of them ,
veredicto on the whole record. If a re
pleader was granted where it should have on his pledging or giving security to prose
cute an action of replevin against the
been refused, or vice versâ, that was a distrainor.
ground of error. At the present day, under See title REPLEVIN .
the large powers of amendment given by
(aud which may be exercised even at the REPLICATION . A reply made by the
trial of the action under) the Judicature plaintiff in an action to the defendant's
Acts, 1873-75, the Court would probably statement of defence.
direct all necessary amendments in the See title REPLY.
s grantinedg
apleading Or,made,
repleaderto. be if theinstead
partiesofdiscover REPLY . The reply is the third pleading
before trial that their pleadings had not properly so called in an action, and is put
raised proper issues, then upon the appli in either by the plaintiff in answer to the
cation of either the Court might direct defendant's statement of defence, with or
without counterclaim , or by some third
issues to be prepared (2 Arch . Pract. 1553-4 ). party to the defendant's counterclaim , or
See titles AMENDMENT ; ISSUES, PRE
PARATION OF.
other claim over. The reply of a plaintiff
to a simple defence is usually simply a
REPLEVIABLE. Property is said to be joinder of issue thereon ; but occasionally
repleviable or replevisable when proceed- his reply to a simple defence, and invari
ings in replevin may be resorted to for the ably his reply and that of a third party to
purpose of trying the right to such pro- a statement of defence and counter-claim ,
perty. Thus goods taken under a distress introduces new matter of substance , in
are rep'eviable, for the validity of the answer to what is alleged in the defence
taking may be tried in an action of re- with or without counter-claim ; and in that
plevin ; but goods delivered to a carrier case a fourth pleading (called a rejoinder )
and unjustly detained are not repleviable, must follow , in order by joining issue thereon
for the unjust detention of goods delivered to close the pleadings.
on a contract is not an injury to which the
action of replevin applies, but forms the REPLY, AFFIDAVITS IN : See title
ground of an action of detinue or trover AFFIDAVITS, EVIDENCE BY .
(Galloway v. Bird, 4 Bing. 299 ; Mennie v. REPLY, RIGHT TO. The person who
Blake, 6 El & Bl. 842 ). has the right to begin at the trial of any
See title REPLEVIN . action has also as a general rule the right
REPLEVIN. A personal action adapted to reply, that is to say, assuming that the
to try the validity of a distress, or to re- opposite party adduces any evidence ; and
cover the possession of goods unlawfully in the case of a prosecution when the
distrained . Where goods have been dis- Attorney-General appears officially, he or
trained , and the tenant thinks the distress his representative has a right to reply
unlawful, and wishes to contest its validity, whether evidence is adduced or not ( 17 &
the action of replevin (or now an action on 18 Vict. c. 125, s. 18 for civil cases, 28 &
the case in the nature of an action of re- 29 Vict . c. 18, s. 2, for criminal cases).
plevin) is the appropriate remedy to resort See titles BEGIN, RIGHT 10 ; RIGHT TO
to for the purpose. The mode adopted is BEGIN .
by the aggrieved party making plaint( i.e., REPORT OF COMMITTEE. The report
complaint) in the County Court, and his of a parliamentary committee is that com
goods are thereupon replevied, that is, de munication which the chairman of the com
livered to him upoa his giving security to mittee makes to the House at the close of
prosecute an action against the distrainor the investigation upon which it has been
for the purpose of trying the legality of
the distress; and if upon such trial the engaged .
right be determined in favour of the dis- REPORT OF REFEREE : See title RE
FEREES .
trainor, then the goods are returned ; but if
REPORTS. The published periodical REPRESENTATION IN PARLIAMENT
volumes, which contain the various cases - continued .
argued and determined in the several that Edward I. did in 1295 was to remo·lel,
Courts of Law and Equity, are so termed . and for the time being complete, an already
Since the year 1866 inclusive, the chief of existing system of borough representation ;
these reports are brought out under the and the cases of the boroughs of St. Albans
superintendence of a council styled the ( 1315 ) and of Barnstable ( 1345) are com
Incorporated Council of Law Reporting for monly adduced in support of the earlier
England and Wales ; formerly the matter origin of borough representation. For the
was left to the enterprise of private pub- borough of St. Albans in its petition to the
lishers or of private reporters; and in very king claimed that to send two burgesses to
early times the reports, then called Year Parliament was its prescriptive right exist.
Books, were brought out at the cost of the ing from immemorial antiquity, and the
State. borough of Barnstable in its petition to
See title YEAR - BOOKS. the king claimed that to send two burgesses
REPRESENTATION . Representation is to Parliament was its right under a charter
the act of one person representing or of King Athelstan . Now , the interval be
standing in the place of another ; and he tween 1295 and 1315 being only twenty
who so represents or stands in the place of years, and the interval between 1295 and
another is termed his representative. Thus, 1345 being only fifty years, it is clear that
an heir is the representative of the an- the claims put forward by these two
cestor ; and an executor is the represen boroughs in the manner and to the extent
tative of the testator ; the heir standing in that the same were put forward, would
the place of his deceased ancestor with have been egregious and self-confuting if
respect to his realty, the executor standing borough representation had originated in
in the place of his deceased testator with 1295, or even in 1265.
respect to his personalty ; and hence the But the probability , or rather certainty,
heir is frequently denominated the real of an earlier origin of borough representa
representative, and the executor the per- tion is borne out and corroborated by the
sonal representative. causes which led to the deputies from
In the law of contracts, a representative boroughs being summoned at all , these
is an agent; buttheterm “ representative " causes having been the following:
is little used for this purpose. The boroughs were increasing in wealth
In Constitutional Law, representatives are from the growing prosperity of commerce ;
those chosen by the people to represent and the spirit of liberty in England, which
their several interests in Parliament. had always been strong, and which since
Magna Charta grew stronger still, prevented
REPRESENTATION IN PARLIAMENT. the king or his government from laying
The custom of sending representatives to tallages at his own will und pleasure upon
Parliament appears to have grown up at a the townspeople ; and the Crown being in
very early period, but the first extant tracts constant want of money , it became a con
of it are comparatively recent. Thus, stitutional usage to summon deputies from
( 1.) As regards County Representation- boroughs for the express and single pur
The earliest extant trace is in 1214, King pose of granting the necessary tallages.
John having in that year directed the See titles CoNsTiTUTION , GROWTH OF ;
sheriffs to send four discreet knights (qua ELECTORAL FRANCHISE.
tuor discretos milites) of the county to re
present it at the Parliament which was to REPRESENTATIVE : See title REPRE
be held at Oxford ; and SENTATION,
(2.) As regards Borough Representation
The earliest extant trace is in 1265, Simon REPRESENTATIVE PEERS. Tbe re
de Moutford having in that year issued presentative peers are those, who at the
writs to the sheriff's directing them to re- commencement of every new parliament
turn two citizens or burgesses for every city are elected to represent Scotland and Ire
or borough in their shrievalty ; but as land in the British House of Lords; namely,
Montford was assuming an excess of autho- sixteen for the former, and twenty-eight for
rity in issuing those writs, that instance of the latter country. At the union of Scot
borough representation is not considered of land with England in 1707, and of Ireland
much value, while on the contrary the in 1800, the peers of those two countries
writs issued to the like effect by Edward I. were not admitted en masse to seats in the
in 1295 are considered of great value, and British Parliament, but were allower to
they afford the first distinct legal trace that elect a certain number of their body to re
is extant of the summoning ofburgesses to present them therein ; hence the term “ re
Parliament. presentative peers.” The Scottish repre
It has been suggested , however, that all sentative peers must have descended from
REPRESENTATIVE PEERS - contd . REPUTATION , WHEN EVIDENCE :

Reputation evidence is a branch of hearsay
ancestors who were peers at the time of the evidence, and is admissible when hearsay
union .
See title REPRESENTATION IN PARLIA is admissible, and subject to the like re
MENT .
strictions attaching to the admission thereof.
See title EVIDENCE, sub-title Hearsay.
REPRIEVE . The withdrawing, or sus REPUTED. Accepted by general, vulgar,
pending, for a time sentence of execution
against a prisoner ( Les Termes de la Ley). or public opinion. Thus, land may be re
See title RESPITE, puted part of a manor, though not really
8' ), and a certain district may be reputed a
REPRISALS . Are the violent taking by parish or a manor, or be a parish or a manor
private individuals in time of peace of the in reputation , although it is in reality no
property of any subjects of a country, some parish or manor at all.
or one of whose subjects have injured the See titles REPUTED MANOR ; REPUTED
property of one or more of the subjects of OWNER.
the reprising individuals' country, and are REPUTED MANOR . Whenever the de
in pretended satisfaction and retaliation for mense lands and the services become abso .
such latter injuries. LS, lutely separated, the manor ceases to be a
See title MARQUE AND REPRISA manor in reality, although it may (and
LETTERS OF . usually does) continue to be a manor in
REPUBLICATION OF WILL. Upon the repntation, and is then called a reputed
re - execution of a will, the act of the testator manor, and it is also sometimes called a
in informing the attesting witnesses that seigniory in gross. So likewise if all the
the document they were about to attest frank tenements of the manor escheat to or
was his will was so called . It is no longer become otherwise vested in the lord, the
manor ceases as a strict manor, and becomes
necessary ( 1 Vict. c. 26, s. 13). a manor in reputation only (Soane v Ire
See title PUBLICATION,
land, 10 East, 259). Reputation alone,and
REPUDIATION . A plaintiff who re without proof of the actual exercise of
covers lands in ejectment, is not liable to manorial rigbts, is admissible evidence to
the charges or mortgages (if any) created prove the existence of a manor ; and a
thereon by the defendant, inasmuch as he manor by reputation is sufficient to entitle
recovers by adverse title. In such a case the lord ' to the manorial estates ( Steel v.
he need not even repudiate the charges or Prickett, 2 Sta. 466 ; Curson v. Lomas,
mortgages. Similarly, when a sovereign 5 Esp. 60 ).
succeeding to an empire or kiugdom ad See title MANOR .
versely to the previous ruling family ( e.g., REPUTED OWNER . He who has the
when 'Will. III. succeeded to Jac. II ), tho
right to repudiation of the public debt general credit or reputation of being the
owner or proprietor of goods, is said to
created by his predecessors undoubtedly have the reputed ownership in them or to
arises, as it arose in 1688 ; and again , as it
arose upon the termination of the war of be the reputed owner thereof.
secession between tbe Federals and the Uuder the Bankruptcy Act, 1869, s. 15,
Confederates in the United States. sub-s. 5, all goods and chattels being at the
See title BANKERS' CASE . commencement of the bankruptcy in the
possession, order, and disposition of the
REPUGNANCY . Everything that is re bankrupt being a trader by the consent and
pugnant to, that is, inconsistentwith ,plain permission of the true owner, of which
commov sense , -as that is ascertained by goods and chattels the bankrupt is reputed
the aggregate and not the merely individual owner, or of which he has taken upon him
mind —is of necessity absolutely void in self the sale or disposition as owner, vest
law ; likewise every attempted a ljunct to in his trustee for the benefit of his creditors ;
a principal subject-matter, when the adjunct but this order and disposition clause does
is inconsistent with the essential nature of not extend to choses in action, not being
the principal matter. debts due to the bankrupt in the curse of
See title CONDITIONS REPUGNANT. his trade or business. By the Bills of Sale
REPUTATION , EVIDENCE OF : See Act, 1878 (41 & 42 Vict. c . 31 ), s. 20,
title CHARACTER, EVIDENCE AS TO . chattels comprised in a duly registered
bill of sale are not subject to the doctrine
REPUTATION , INJURIES TO . These of order and disposition.
are (1.) Libel, and (2. ) Slander. REQUEST. Request, in contract law, is
See titles LIBEL ; SLANDER. one of the three particular requisites to
REPUTATION, MARRIAGE BY : See every valid simple contract. It is some
title HABIT AND REPUTE . times expresseil, and sometimes it is im
462 A NEW LAW DICTIOVARY.
REQUEST - continued . RESCISSION OF CONTRACTS . A con
plied ,-and when implied, then either from tract may be rescinded on the ground of
the circumstances of the case or by mere fraud, and sometimes also on the ground of
act and operation of law. | accident or of mistake. The remedy is
See title CONTRACTS. peculiar to equity, and is usually granted
REQUEST, LETTERS OF : See title LET upon terms only, that is, upon condition
TERS OF REQUEST. that the plaintiff do what underthe circum
stances is equitable, as a condition of his
REQUESTS, COURT OF : See titles Cov getting out of his contract.
SCIENCE , COURTS OF ; SMALL Debts Courts. See titles ACCIDENT ; FRAUD ; Mis.
TAKE.
REQUISITIONS ON TITLE. Are ques
tions raised by purchasers and mortgagees RESCRIPTUM . An edict of the Roman
for the vendor or mortgagor to satisfy, in Emperor, issued by him to some local
order to render his abstract of title accept governor upon the request and fur the
able or ( it may be ) intelligible to the pur guidance of the latter in some difficulty or
chaser or mortgagee, before they pay or emergency which has arisen in his ad .
alvance their inoney. Their scope is ministration. It was in the first instanie
usually limited by the conditions of sale. particnlar only, but it afforded a precedent
The vendor must do his utmost to answer for the magistrate's guidance in other
all reasonable requisitions that are within similar cases which might arise.
the scope allowed by the conditions of sile.
RESCUE. Is generally all resistance
RES GESTÆ. Literally, matters or events
that have occurred or taken place. Some against lawful authority; for instance, the
taking back by force goods which have
times the res gesta are aılmissible in evi been taken under a distress ; or the vio
dence, and they are invariably so when (as taking away a man who is under
in rape) they constitute or form part of the lently
arrest, and setting him at liberty, or other
very offence charged to have been com wise procuring his escape. For this offence,
mitted, or go to shew the criminal character
of the act. writs of rescous used to lie against the
offender, offending party, or rescussor , as
See title EVIDENCE, sub-title Hearsay. he was called (Co. Lit. lib. 2, cap. 12 ;
RES INTER ALIOS ACTA. A matter Parrett Navigation Company v. Stower,
(e.g., adecree)or an admission marle between 6 M. & W. 564) ; and of course nw an
two parties ( res inter alios acta ) does not ordinary prosecution will lie, and occasion
prejudice in effi ct a third person (alteri ally an action .
nocere non debet), and consequently is not See titles ACTION OR PROSECUTION,
binding upon such third person in any way, WHICH ; ESCAPE.
unless he is the p ivy of one or other of the
RESERVATION . In conveyancing a
original parties to the decree or admission .
clause of reservation is a clause whereby
RES JUDICATA , PLEA OF : See uile the grantor or lessor reserves cither to
JUDGMENT, PLEA OF. him elf or to the lord of the fee some
RES JUDICATA PRO VERITATE ACCI . money, chattel, or service rot being part of
PITUR . A judgment ( or verdict) even the thing granted or demised or an appur
although erroneous is accepted for the tenant thereto . A reservation, strictly so
truth , anil estops the parties and their called , cannot be made in favour of a
privies, until it is set aside (in civil cases ) stranger, although such an attempted re
or quashed ( in criminal cases). servation might be good as a condition for
RES PERIT DOMINO : See title SALE . payment of an annual sum in gross. And
it follows from the definition , that a man
RES, VARIETIES OF. These bave been cannot graut an estate and reserve part
variously divided and classified in law, e.g., thereof, or make a feoffment in fee, and re
in the following way8,-( 1 . ) Corporeal and serve a lease for life ; also, that a man can
incorporeal things ; (2. ) Moveables and im- not reserve rent to bis heirs without first
moveables ; ( 3.) Res mancipi and Res nec reserving it to himself. A reservation is
mancipi ; (4.) Things real and things per- often confounded with an exception,but the
sonal ; ( 5. ) Things in possession and choses true distinction between them is, that in a
(i.e. things) in action ; (6.) Fungible things reservation some new hereditament is
and things not fungible ( fungibiles vel non created, and that usually of an incorporeal
fungibiles ); and (7. ) Res singulæ ( i.e., in- kind , whereas in an exception a slice (so
dividual objects) and unirersitates rerum to speak) of an already existing heredita
(i.e. , aggregates of things ). Also, persons ment is merely withheld from , or (as the
are for some purposes and in certain re- name denotes ), excepted out of, the con
spects regarded as things. veyance.
See titles CORPOREAL ; Foxgibles, & c . See title EXCEPTION .
RE -SETTLEMENT : See titles ESTATE RESPITE, TO. To adjourn , to forbear ,
TAIL PERPETUAL ; SETTLEMENT OF REAL &c. Thus to respite an appeal at the
ESTATE. sessions appears simply to mean to adjourn
RESIDENCE : See titles ELECTIONS, it to some future period, or to forbear
MUNICIPAL ; ELECTIONS, PARLIAMENTARY ; bringing it on at the time it was first
ELECTORAL FRANCHISE ; MINISTERIAL entered for. Respiting of homage is for
POWERS ; Poor RaTE ; RATING . bearing to enforce the duty of homage
from a tenant who holds his lands in con
RESIDUARY. The remaining portion sideration of doing homage to his lord.
or residue. Thus residuary estate or pro See title Rel’RIEVE.
perty signifies the remaining part of a tes. RESPITE OF HOMAGE. The forbear
tator's esta :e and effects after payment of
debts and legacies, &c. , or that portion of ing or dispensing with the performance of
his estate and effects which has not been homage by tenants who hold their lands in
particularly devised or bequeathed . consideration of performing homage to their
See titles LAPSE ; LEGACY ; RESIDUARY lords. Such a respite was,most frequently,
DEVISE OR BEQUEST , granted to those who held by knight ser
vice in capite, and who paid into the
RESIDUARY DEVISES : See title SPE Exchequer every fifth term some small
CIFIC DEVISES. sum of money to be respited from doing
RESIDUARY DEVISE OR BEQUEST : their homage (Cowel ).
See titles BEQUEATH ; DEVISE ; LAPSE ; RESPONDEAT OUSTER . Upon an issue
LEGACY . in law arising on a dilatory plea, the form
of the judgment was that the defendant
RESIGNATION BOND. A bond is so should answer over ; and this judgment
called whereby the interim presentee of was thence called a judgment of respondeat
a living binds himself under the stat. oust- r. Not being a final judgment, the
9 Geo . 4, c. 94, to resign in favour of any pleading was resumed, and the action pro .
one person named, or in favour of one of ceeded ( Steph. Pl. 115).
two persons, cach of whom are by blood or RESPONDEAT SUPERIOR. The phrase
marriage an uncle, son , grandson , brother, is thus used in an old work , -Pur insufi
nephew , or grand-nephew of the patron, or ciency del baylif d'un liberty respondeat
of one of the patrons, beneficially entitled to dominus libertatis, i.e. , for the insufficiency
the living of the bailiff of a liberty, let the lord of the
RESIGNATION OF LIVINGS : See titles liberty answer (4 Inst. 114 ; Cowel ). The
RESIGNATION Boxd ; Simoxy. phrase, as used at the present day, simply
denotes that the principal is to answer for
RESOLUTIONS, VARIETIES OF . Re the act of his agent, special or general,
solutions are distinguished in bankruptcy done within the limits of bis agency. A
and in company law as being either special laudlord also answers for, i.e. , defends his
or extraordinary. special resolution in tenant.
company law is a resolution passed by a See title PRINCIPAL AND AGENT.
majority of not less than three-fourths of
the voting members present at a general RESPONDENT. The party who appeals
meeting, and confirmed by a majority of against the judgment of an inferior Court,
the like members at another general meet is termed the appellant ; and he wlio con
ing held between one fortnight and one tends against the appeal the respondent.
month subsequently to the former general The word also denotes the persons upon
meeting ; and an extraordinary resolution whom an ordinary petition in the Court is
in company law is a resolution so passed , served , and who are, as it were, defendants
but not confirmed . In bankruptcy law, a thereto. The term co -respondent, as used
special resolution is a resolution passed by in the Divorce Court, means a joint re
a majority in number and three -fourths in spondent
value of the voting creditors present ; and RESPONDENTIA . A contract by
an extraordinary rezolution is a special which the master or owner of a ship bor
resolution which has been confirmed by a rows money upon the goods and merchan
majority in number and value of the voting dize in the vessel ; and as the borrower
creditors present at a second meeting of personally is bound to answer the contract,
the creditors held between one we k and he is therefore said to take up money at
one fortnight subsequently to the former respondentia. The general nature of a
meeting. In bankruptcy law, an ordinary respondentia bond is this, the borrower
resolution is one passed by a majority in biods himself in a large penal sum , upon
value of the voting creditors present; and condition that the obligation shall be void
in company law, it is one passed by a if he pay the lender the sum borrowed
majority of votes. and so much a month from the date of the
RESPONDENTIA - continued . RESTS - continued .
bond till the ship arrives at a certain port, mortgagee's receipts are more than suffi.
or is lost or captured in the course of the cient to cover the interest, the annual sur
voyage ( 2 Park on Insurance, 615). But plus is applied in reduction of the principal
such a contract is now usually called a money ( Thorneycroft v. Crockett, 2 H. L.
bottomry bond, although (as the name C. 239). Rests are not usually (but may
denotes ), the latter phrase is appropriate for any special reason be) directed where
only where the vessel itself, or bottom , was the interest is in arrear at the time of
included in the security (Maude & P. taking possession.
Merch . Sh. 433 ; Kay's Law of Ship RESULTING TRUSTS : See title TRUSTS,
masters and Seamen ).
See titles BOTTOMRY ; HYPOTHECATION ; RESULTING.
CARGO.
RESULTING USE : See title Uses, RE
RESPONSA PRUDENTIUM . In Roman SULTING
Law , were the answers (i.e., opinions) of RESUMPTION . This word , as used in
certain jurists specially authorized by the
state, and their relative authority was the stat, of 31 Hen. 6, s. 7, signifies the
regulated by the Law of Citations. These taking again into the king's hands such
answers are enumerated by Justinian as lands or tenements as before, upon some
one of the six sources of the jus scriptum false suggestion or other error, he had de
( i.e. , of written or enacted law ). livered to the heir, or granted by letters
See title LAW OF CITATIONS. patent to any man (Cowel ; Les Termes de
RESTITUTIO IN INTEGRUM. Where la Ley). The policy of the resumption of
royal grants of lands was much agitated
by act of the party or otherwise, his legal after the Revolution in 1988, owing chiefly
position was altered or compromised , and yet to the lavish way in which William III.
the law allowed him upon the happening made such grants to the Duke of Portland
of some event or the doing of some act to and others.
resume his original position , he was said
See title REPUDIATION.
to have been restitutus in integrum, i.e.,
restored to his original legal status or RETAINER . Is commonly used in two
position . senses, viz. ( 1.) To signify the right of an
RESTITUTION OF CONJUGAL RIGHTS : executor or administrator, being a creditor
See title CONJUGAL Rights, RESTITUTION OF. of the deceased testator or intestate, to pay
himself his own debt (at least out of legal
RESTITUTION OF STOLEN GOODS. assets) in priority to all other creditors of
May be ordered under s. 100 of the Larceny the deceased who are in equal degree (see
Act (24 & 25 Vict. c. 96 ), upon conviction titles ADMINISTRATION OF Assets; Exe
of the thief ; also , under s. of the Sum CUTOR ; PRIORITY) ; and (2.) To signify a
mary Trial for Larceny Act ( 18 & 19 Vict. notice given to counsel by a solicitor on
c. 126) upon conviction. behalf either of the plaintiff or of the de
RESTITUTORIA INTERDICTA : See title fendant in an action, in order to secure his
INTERDICT. services in the cause ; and this notice is
RESTRAINT ON ANTICIPATION : See invariably accompanied with a fee called a
titles ANTICIPATION ; SEPARATE ESTATE. retaining fee or retainer.
RESTRAINT OF TRADE : See titles RETORNO HABENDO, WRIT OF. A
CONTRACTS IN RESTRAINT OF TRADE ; Mo writ that lay for the distrainor of cattle,
NOPOLY ; PATENTS. goods, and chattels, &c. (and who, on re
RESTRAINTSUPON MARRIAGE. Being plevin brought, had proved his distressto
be a lawful one), against him who was so
general are void as tending to immorality, distrained , to havethe goods returned to
excepting in the case of a widow (Newton him according to law, together with dam
v. Marsden , 2 J. & H. 356), or of a widower ages and costs (2 Arch . Pract. 1091 ). If
( Allen v. Jackson, 1 Ch . Div. 399) ; but to the retorno habendo the sheriff returned
such restraints when partial are valid. that the goods, & c., were eloigned, the de
See title Conditions, Void. fendant might then sue out a writ of capias
RESTS. This word is used with reference in withernam , requiring the sheriff to take
to accounts between debtors and creditors, other goods, &c., of the plaintiff instead of
and signifies the making a pause in the those eloigned ; and in the absence of any
accounts by striking a balance therein such other goods, the goods of the pledges
( Butter v. Harrison, Cowp. 566). The ac- might then be taken on a sci. fa. (2 Arch .
count which is taken against a mortgagee Prac. 1096 ).
in possession is commonly directed to be See titles CAPIAS IN WITH ERNAM ;
taken with rests ; that is to say, when the ELOIGNMENT.
RETORSION . As distinguished from REUS STIPULANDI- continued .
the taking of reprisals, is the application mittendi. Where there are several credi
of the Lex Talionis to nations in respect
only of violations of comity and of imperfect tors or several debtors jointly entitled to
obligations, and not in respect of rights of or jointly liable under a stipulation, they
property or other legal rights. were respectively called correi, i.e., joint
rei.
See title REPRISALS. See title STIPTLATIO .
RETRAXIT. A retraxit was an open REVE . The bailiff of a franchise or
and voluntary renunciation in Court of a manor ; hence , shire reve is used for a
suit by the plaintiff, by which he for ever sheriff, &c. (Cowel ). The word is some
lost his action . A retraxit was like a nolle times written GREEVE .
prosequi, the difference between them being
that a retraxit was a bar to any future REVELAND. Such land as having re
action for the same cause, whereas a nolle verted to the king after the death of his
prosequi was not, unless made after judg thane, who had it for life, was not after
ment ( 2 Arch . Pract. 1515 ; Herber v. wards granted out to any other person by
Sayer, 2 Dowl. & L. 65, n. (b) ). the king, but remained in charge on the
See title JUDGMENT, VARIETIES OF . account of the reve or bailiff of the manor,
RETURN This is a word which is
who it seems usually kept the profit of it
himself, till it was discovered and pre
commonly applied to writs and judges' sented to the king ( Domesday : Spelman
summonses, and literally signifies much on Feuds ).
the same as it does in its popular sense ,
viz., to return or send back anything. REVENUE. The sources of the revenue
Thus , writs are directed to certain persons of the Crown, at different periods in the
(as to sheriffs) commanding them to per history of England, will be found stated
form certo in acts, and after a certain time under the title TAXATION, HISTORY OF ; and
to return the same into the Court again , the sources of that revenue, as existing at
together with a certificate or memorandum the present day, will be found stated under
certifying or stating what they have done the title TAXATION, VARIETIES OF. The
in pursuance of such command. This particular items of taxation referred to
memorandum or certifica written
te is on under these two titles should also be con
the back of the writ, and is now commonly sulted for further information regarding
called the return to it ; so that when a writ them .
is directed to a sheriff commanding him to See titles Customs; EXCISE ; INCOME
perform certain acts (as to arrest a man, or Tax , &c.
to return an M.P., for instance ), and the REVENUE CASES. Are within the ex
sheriff in due time returns the writ, to clusive competence of the Exchequer Di
gether with such a memorandum as above vision of the High Court of Justice as a
described, indorsed thereon , this memo Court of Revenue. Notwithstanding that
randum is then called the sheriff's return ; actions for offences against the revenue
and for a false return , he is civilly respon laws are in effect penal, still they are ( for
sible, but for a double return ( i.e., a return the purposes of evidence) to be deemed
of two or more members as both elected, civil and not criminal actions.
and between whom he the sheriff could not See titles PRIVILEGE OF PARTIES ; RE
distinguish) he is not responsible ( Barnar VENUE, COURT OF.
diston v. Soame, 6 St. Tri. 1063). The REVENUE, COURT OF. This is the
meaning of the word " returnable," as Court of Exchequer, now the Exchequer
applied to a judge's summons, is nearly Division of the High Court of Justice,
the same, signifying the time appointed by which , notwithstanding the fusion of juris
the judge in the summons for hearing the diction effected by the Judicature Acts,
parties on the subject-matter of dispute ;
the summons is said to be returnable at 1873–75, still retainsits practically exclusive
such a time, because the party who takes jurisdiction in matters of revenue ( Judic.
out such summons returns with it at the Act, 1873, s. 34) ; and the practice of this
Division on its revenue side is not affected
time therein appointed to the place whence by the new rules of procedure in civil
he took it out (1 Arch. Pract. 160 ; Smith's actions (Order LXII.; but see Order LXII.,
Action at Law , 241 ).
See title BARNARDISTON V. SOAME. rules 1 to 6 , April 1880).
See title COURTS OF JUSTICE .
REUS PROMITTENDI : See title REUS
STIPULANDI. REVERSAL. The annulling or making
REUS STIPULANDI. The party to a void a judgment or an outlawry.
stipulation is so called if he is the creditor REVERSION . An estate in reversion is
or obligee, and the debtor or obligor to defined , or rather described by Lord Coke
such a stipulation is called the reus pro. to be “ the returning of the land to the
2 HI
REVERSION - continued . REVERSIONS, SALES OF. These are
grantor or his heirs after the grant is no longer to be set aside on the ground of
determined." The idea of a reversion is undervalue merely (31 Vict. c. 4 ) ; but
founded on the principle that where a per this statute does not affect the jurisdiction
son has not parted with his whole estate of Courts of Equity over improper sales by
or interest in a piece of land , all that which unwary young men ( Tyler v. Yates, L. R.
he has not given away remains in him , and 6 Ch . 665).
the possession of the land reverts or returns See title FRAUD.
to him upon the determination of the pre REVERTER, FORMEDON IN : See title
ceding estate. Thus, if a person who is FORMEDON .
seised in fee of lands conveys them to A.
for life, he still retains the fee simple of REVEST. To replace one in the posses
the lands, because he has not parted with sion of anything of which he has been
it ; but as that fee simple can only return divested, or put out of possession (Roper,
or fall into possession upon the determina Husband and Wife, 353). It is opposed to
tion or ending of the preceding estate (i.e., DIVEST. The words revest and direst are
of A.'s estate for life ), it is only a fee also applicable to the mere right or title,
simple estate in reversion. So that, per as opposed to the possession.
haps, a reversion may be shortly defined See titles VESTED INTEREST ; VESTED
as the residue of an estate left in the LEGACY ; VESTED REMAINDER .
grantor.” The interest which a man has REVIEW , BILL OF. A bill filed to
in lands in reversion is commonly called a
reversionary interest (2 Cruise, 395, 396 ). reverse a decree in Chancery, which , after
See title INCORPOREAL HEREDITA it had been duly inrolled, a party might
MENTS. find good grounds for baving reversed,
either ( 1. ) from error apparent on the face
REVERSIONARY INTEREST. The of the decree, or (2.), from new facts dis
covered since the decree was made, or since
right, title, or interest, which a person has
in or to the reversion of lands or other publication had passed in the cause, and
property. A right to the future enjoy which consequently could not be used
ment of property at present in the pos when the decree was made (2 Dan. Ch.
session or occupation of another is also 1422 ; Hunter's Suit in Eq. 182). This
frequently so called . With regard to the bill was the alternative remedy with an
disposition of such reversionary interests in appeal to the House of Lords. At the
property, Firstly, if the property was Real, present day, no such bill would be required
-A deed of grant at common law was or permitted ; but in either case an appeal
the mode of alienation to a stranger, and a would be brought against the decree or
deed of release was the mode of alienation judgment, and upon the argument of the
to a prior estate man with whom the re appeal, the fresh evidence would be ad.
mitted .
versioner was in privity ; and if the alienor See titles APPEALS, EVIDENCE UPON ;
was a married woman , a fine was necessary BILL OF REVIEW ; RE -HEARING .
in addition, and at the present day the
woman would acknowledge the deed under REVIEW , COMMISSION OF. A com
3 & 4 Will. 4 , c. 74 : Secondly, If the mission sometimes granted in extraordi
reversion was Personal property,then nary cases to reverse the sentence of the
(a.) If leasehold, the mode of alienation Court of Delegates when it was appre
was by assigninent; and if the property hended hey had been led into some
was the wife's leasehold, the husband's material error.
assignment of it (being legal) was abso See title COURTS ECCLESIASTICAL.
lutely effective without the wife's concur
rence, and it is so still ; and (6.) If pure REVIEW , COURT OF. A Court estab
personalty, the husband and wife must lished by 1 & 2 Will. 4, c. 56, for the adju
have assigned same together ; but the wife dicating upon such matters in bankruptcy
could not levy any fine thereof nor, until as before were within the jurisdiction of
Malins's Act ( 20 & 21 Vict. c. 57) enabled the Lord Chancellor. It formed a consti
her to, acknowledge the deed ofassignment, tuent part of the Court of Chancery, and
which was therefore practically inoperative exercised a general jurisdiction in bank
as against her, and she would have taken ruptcy, with an appeal to the Lord Chan
by right of survivorship if she survived cellor on matters of Law and Equity, or
her husband. But now Malins's Act has on the wrongful refusal or admission of
enabled the wife to acknowledge the deed evidence. This Court has long ceased to
in such latter case . exist, and in lieu of it there has been esta
See titles EQUITY TO A SETTLEMENT ; blished the Court of Bankruptcy with an
SURVIVORSHIP, WIFE's Right OF ; appeal to the Lords Justices in Chancery
REVERSION . and with an ultimate appeal (but by leave
REVIEW , COURT OF - continued . REVIVOR, ORDER OF — continued.

only )to the House of Lords ( Bankruptcy served with notice thereof ( Boynton v.
Act, 1869). Boynton , 9 Ch. Div. 250). The order is
REVIEWING TAXATION . The re made on summons or motion supported by
taxing or re -examining an attorney's bill an affidavit of the event occasioning the
of costs by the Master or Taxing Master. devolution of interest (Order L. , 4 ). And
The Courts sometimes order the Masters or where, pending the action, there is any
Taxing Masters to review their taxation,
devolution of interest by act of the party,
the action is not to be deemed abated
when it appears that items have been ( Order L. , 1 ), but may be continued against
allowed or disallowed on some erroneous the successor in interest (Oriler L., 3) ;
principle, or under some mistaken impres and the requisite order may be obtained
sion (Arch. Pract. ). upon an ex parte application (by summons
See title TAXATION OF Costs. or motion ) supported by an affidavit of the
REVISING BARRISTERS. Are officers fact of the devolution of interest (Order L.,
appointed by and acting under the autho . 4). The like procedure applies where any
rity of the stat. 6 & 7 Vict. c. 18, as amended person interested comes into existence
by the stats. 28 & 29 Vict. c. 36, 30 & 31 after writ issued , his subsequent coming
Vict. c. 102, and 36 & 37 Vict. c. 70, in into existence operating, in fact,as a devo
which several statutes their powers and lution of interest (Order L. , 4 ; Haldane v.
the procedure before them are prescribed , Eckford , W. N. 1879, p. 80). The order
the object of their appointment being to in all the foregoing cases is called an order
secure a correct register of voters in Par- of revivor ; and the order of revivor is to
liamertary Elections. be served on the continuing party or par
REVIVING . In law signifies much the ties, and also upon the new ( or substitu
same as it does in its popular sense, viz., tionary) parties or party to the action, and
renewing, calling to life again , &c. Thus, becomes binding as from the time of service
when a certain time ( formerly aa year and a on the party served therewith (Order L., 5) ,
day, but now subject, nevertheless, to be discharged upon
judgment is six years)without
signed, has elapsed after
execution application at any time within twelve days
being sued out upon it, the law presumes after service ( Order L., 6), or ( in case of
that the judgment has been executed, or effective disability) within twelve days
that the plaintiff has released the execu after the removal of such effective disability
tion ; and the plaintiff, in order to sue out (Order L., 7).
execution, must in that case first revive the REVOCATION OF OFFER : See title
judgment. OFFER.
See the two following titles. REVOCATION, POWER OF. The power
REVIVOR , BILL OF. A bill in Chan- to revoke or call back something granted.
cery which was filed for the purpose of As if any one makes a conveyance of any
reviving the proceeding in a suit, when , lands, with a clause of revocation, at his
from some circumstances (as for instance, will and pleasure, of such conveyance ;
the death of a sole plaintiff), the suit had here the clause by which such person re
abated . Wherever the right of the party serves to himself the power of revoking
dying survived to his co-plaintiff or co- such conveyance is termed a power of revo
defendant, and the cause was in the same cation (4 Cruise, 466).
condition after the party's death as it was REVOCATION OF USES : See title Con
before, then the suit did not abate, and
consequently did not require to be revived. VEYANCES, sub -title Deeds revoking Uses.
Under recent statutes the trouble of re REVOCATION OF WILL : See title
sorting to a bill of revivor is dispensed Wills.
with .
See titles REVIVOR, ORDER OF ; SUP RIDER. A rider, or rider-roll, signified
PLEMENTAL BILL ; EXECUTION. a schedule or small piece of parchment an
nexed to some part of a roll or record. In
REVIVOR , ORDER OF . In case any familiar use any kind of schedule or writing
party to an action dies, marries, or becomes annexed to a document which cannot well
bankrupt, and thereby some devolution of be incorporated in the body of such docu
estate or interest arises by operation of law, ment is called a rider.
the action is not to be deemed abated
( Order L., 1 ; Eldridge v . Burgess, 7 Ch. RIDINGS. The three great divisions
Div. 411 ) ; but the Court may order (as the of the county of York are called the
case may require) the personal represen- North , West, and East Ridings. The word
tative, or the husband, or the trustee, or “ riding " is said to be a corruption of tri
other the successor in interest to be made thing, meaning the third part of a county .
(if necessary ) a party to the action or tobe See title REGISTRY OF DEEDS.
2 H 2
RIENS ARREAR . A plea used in an RIGHTS, VARIETIES OF. Rights have
action of debt upon arrearages of account, been variously distinguished , as being
by which the defendant alleged that there either ( 1.) Rights in rem , or (2.) Rights in
was nothing in arrear ( Cowel). personam ; or again , as being either ( 1.)
See titles ACCOUNT, ACTION OF ; AN Legal rights, or (2. ) Moral rights, other
NUITY . wise as being either ( 1.) Rights of perfect
RIENS PER DESCENT. A plea pleaded obligation, or ( 2.) Rights of imperfect obli
gation ; or again , as being either ( 1. ) Rela .
by an heir to an action broughtagainst him tive rights, or (2. ) Absolute rights ; or
för debt due by his ancestor to the plaintiff, again , as being either ( 1.) Vested or (2.)
signifying that he had received nothing Contingent; and so forth . And Austin in
from his ancestor, and therefore was not his Province of Jurisprudence Determined,
liable for his ancestor's debt.
See title ASSETS. divides rights into primary rights on the one
hand, being rights which are ends in them
RIGHT. A lawful title or claim to any selves, and into sanctioning (i.e., Second
thing ary) rights on the other hand, being rights
See title RIGHTS, VARIETIES OF. (or rather remedies or rights of action )
RIGHT OF ACTION : See title ACTION which are merely instruments for enforcing
OF SUIT. or securing the rights called primary.
RINGS, GIVING . A custom anciently
RIGHT, WRIT OF : See title WRIT OF observed by sergeants -at-law on being
RIGHT. called to that degree or order. These
RIGHT CLOSE, WRIT OF. A writ rings bore the inscription of some motto
which the king's tenants in ancient demesne selected by the sergeant about to take the
lands were entitled to , in order to try the new degree.
right of their property in a peculiar Court See title SERGEANT.
of their own , called a Court of ancient RIOT. If three or more persons assemble
demesne. together with an intent mutually to assist
RIGHT TO BEGIN. This is the phrase each other against any one who shall
which denotes the right of the one or oppose them in the execution of some
other party to an action to open the case. enterprise of a private nature, with force
It involves the right to reply ; the reply or violence against the peace, or to the
being often most effective especially in manifest terror of the people, whether the
act intended were of itself lawful or un
trials before a jury, the right to begin is
sometimes a considerable advantage to the lawful, and though they after depart of
party who has it. The general rule de their own aocord without doing anything,
ciding the matter is the following : -Sup it is an unlıvful assembly. If after their
posing no evidence were adduced on either first meeting they move forward towards
side, the party against whom the verdict the execution of their intended purpose,
would be given has the right to begin . whether they actually execute that pur
This rule, however, does not mean that the pose or not, this, according to general
defendant (if it should so happen ) must opinion, is a rout. And if they put it into
open the pleadings; for in every case , execution, then it is a riot. And if any
without any exception, the pleadings are person encourages, promotes, or takes part
opened by the plaintiff or his counsel . The in such riot, whether by words, signs, or ges
rule has therefore reference to the evidence tures, or by wearing the badges or ensigns
merely. There are the three following of the rioters, he is considered a rioter ( 1
principal applications of the rule : Hawk. c. 65, s. 1 ; Arch . Crim. Law , 841 ).
See title RIOT ACT.
( 1.) The plaintiff begins, if the onus of
proving any one of the issues rests on him ; RIOT ACT. Is the statute 1 Geo . 1 , s. 2,
(2.) The defendant begins, if the onus c. 5, which enacts that if twelve or more
of proving not a single issue rests on the persons, riotously assembled and being
plaintiff, but all of them on the defen ordered by proclamation to disperse, riot
dant ; and ously remain together for one hour there
(3. ) Where the burden of proving all after, they are guilty of felony ; the punish
the issues lies on the defendant, and the ment of death prescribed by the Act
burden of proving the amount of the da was reduced by 7 Will . 4, and 1 Vict.
mage only lies on the plaintiff, then the c. 91 to transportation (now penal servi
plaintiff begins ( Carter v. Jones, 6 C. & P. tude) for life or for any term not less than
64), although formerly the rule in that fifteen years, or imprisonment not exceed
case was that the defendant should begin ing three years.
( Cooper v. Wakley, 3 C. & P. 474). RIPARIAN PROPRIETORS : See titles
See titles BEGIN, Right To; REPLY, EASEMENTS, sub-title WATER ; NavigABLE
RIGHT TO . AND NON-NAVIGABLE RIVERS ; RIVERS.
RIVERS. With reference to navigable ROMAN CATHOLICS — continued .
rivers ,see title NAVIGATION, PUBLIC Right from the Toleration Act ( 1 Will. & Mary,
OF.
The law as to non -navigable rivers is 8. 1 , c. 18), but wore relieved from their
as follows : disabilities by the Catholic Emancipation
(1.) The soil, usque ad medium filum Act, 1829 ( 10 Geo. 4, c. 7). The later
viæ , usually belongs to the adjoining pro Acts, 2 & 3 Will. 4 , c. 115, 7 & 8 Vict.
prietors on each side of the river, and that c. 102, and 9 & 10 Vict. c. 59, have placed
in proportion to their estates along the Roman Catholics on the same level in all
bank ( Bickett v. Morris, L. R. 1 H. L.,
Sc. 47 ).
respects as Protestant Dissenters.
See titles DISSENTERS ; Non -Con
(2 ). Accretions from the gradual change FORMISTS ; TOLERATION ACT.
or deflection of the course of the river be .
come the property of the adjoining pro ROMAN LAW . The Civil Law com
prietor ( Forch v. Lacey, 7 Jur. ( N.S.) 684) ; prised in the Digest, Code, and Institutes
similarly accretions by alluvio (Mussumat of Justinian is so called . It has no
Imam Bandi v. Hurgovind Ghose, 4 Moo. authority in England, otherwise than as it
Ind. App. 403). is approved by the Courts as being con
(3.) The use of the river belongs pri sistent with honour, in the absence of any
marily to the adjoining proprietors, but in statute or common law principle to the
most private rivers of any size, the public contrary .
have asserted various limited rights of ROOT OF TITLE . The document with
user, not always readily acquiesced in by which an abstract of title properly com
the proprietor.
mences is called the root of the title.
( 4.) The use of the banks is incident to See title ABSTRACT OF TITLE.
the use of the river, and persons having the
latter right have the former also . ROTTEN BOROUGHS . Small boroughs
(5.) The right of fishing in nou-navigable which prior to Reform Act, 1832, returned
rivers belongs to the adjoining proprietors, one or more members .
and such right is protected by the stat. See title REFORM ACT, 1832.
30 Vict. c. 18, and its violation is made
a criminal offence by stat. 24 & 25 Vict. ROUT : See title Riot.
c . 96. ROYAL ASSENT. The royal assent is
See titles ALLUVIO ; EASEMENTS ; the last form through which a bill goes
FISHERY . previously to becoming an Act of Parlia
ROADS : See titles EASEMENTS ; HIGH ment ; it is, in the words of Lord Hale,
WAY8 ; WAYS ; &c. “ the complement and perfection of a law.”
ROBBERY . The felonious and forcible
The royal assent is given either by the
queen in person, or by royalcommission by
taking of goods or money to any value the queen herself signed with her own
from the person of another by violence or hand . It is rarely given in person, except
putting him in fear ( 1 Hawk. P. C. 25 ; when at the end of the session the queen
Arch. Crim . Law, 412). attends to prorogue Parliament, if she
See title LARCENY. should do so .
See title LE ROY LE VEUT.
ROGUES AND VAGABONDS : See title
VAGABONDS. ROYAL COURTS OF JUSTICE. Under
ROLL. A schedule or sheet of parch the stat. 42 & 43 Vict. c. 78, s. 28, this is
ment on which legal proceedings were or the name given to the buildings together
with all additions thereto erected under
are entered. Thus the roll of parchment
on which the issue used to be entered was the Courts of Justice Building Act, 1865
termed the issue roll. So the rolls of a (28 & 29 Vict. c. 48), and Courts of Justice
Concentration ( Site ) Act, 1865 (28 & 29
manor, wherein the names, rents, and ser Vict. c. 49).
vices of the tenants are copied and inrolled,
are termed the Court rolls. There are also ROYAL FISH. The whale and sturgeon
various other rolls, e.g., those which con are so called ; and these, when either thrown
tain the records of Chancery, and which ashore or caught near to the shore, belong
are called the Rolls of the Chancery ; those to the Crown .
which contain the registers of the proceed ROYAL MINES. Those mines which
ings of Parliaments, and which are called are properly royal, and which the king is
the rolls of Parliament; &c. (Orig. Jur. entitled to when found, are mines of gold
199 ; Cowel). and silver, and no other mines ( Bainbridge
ROLLS COURT : See title MASTER OF on Mines, by Brown, 4th ed .)
THE Rolls.
ROYAL PREROGATIVE : See title PRE
ROMAN CATHOLICS. Were excepted ROGATIVE .
ROYALTIES. The rights or superiorities RULE NISI : See title RULE.
of the king were so called . The dues of RULE OF THE ROAD . The sailing and
the lessor or landlord of mines are also steering rules which prescribe the course
called royalties, apparently in analogy to to be taken by sailing vessels and steam
the superiorities of the Crown. Such last
mentioned royalties are also frequently ships upon meeting each other, especially
called tonnage rents or uncertain rents, when there is any risk of collision between
varying as they do with the amount of them , prescribe what is called the Rule of
the Road. These rules have been estab
mineral gotten ; and it is a not unusual lished partly by statute, partly by the
thing in leases comprising divers minerals Trinity House, and partly by the Board of
to reserve divers such tonnage or uncertain
rents in respect of the divers minerals Trade (Kay's Shipmasters; Maude and
Pollock ).
respectively gotten. The rent certain (if
any) reserved in such cases is rent proper, RULE IN SHELLEY'S CASE : See title
and is called dead rent, because it is pay SHELLEY's CASE, RULE IN .
able whether any mineral is gotten or not. RULE, TO. Is commonly used in two
Rents and royalties may also be reserved senses : (1) for commanding or requiring
upon patents , copyrights, &c. by a rule or order of Court, as to rule a
RUBRICS. The directions contained in sheriff to return a writ, & c. ; ( 2 ) for lay
the Book of Common Prayer for the order ing down, or deciding, or settling a point
of law .
ing of public worship are so called . In
addition to the ecclesiastical statutes and RULE IN WILD'S CASE : See title
the proclamations in the nature of eccle Wild's CASE , RULE IN .
siastical statutes, these rubrics have the RULES OF THE KING'S BENCH PRI
operation of statutes, the Act of Uniformity SON. Were certain limits without the
of 1662 ( 13 & 14 Car. 2, c. 4 ), s. 2 , having walls, within which all prisoners in cus
enacted that the Book of Common Prayer tody in civil actions were allowed to live,
attached thereto should thenceforth alone upon giving security by bond with two
be used in manner and form as appointed sufficient sureties to the marshal not to
( Brice's Public Worship ) . escape, and paying him a certain percent
RULE . This word is used in various age on the amount of the debts for which
senses . In its most common acceptation they were detained (Bagley's Pract.)
it signifies an order made by the Court at RULES OF PRACTICE : See title ORDERS
the instance of one of the parties in a suit, AND Rules.
usually commanding the opposite party to RUMOURS. Common rumours are not
do some act, or to shew cause why some admissible in evidence for any purpose ;
act should not be done. A rule of this
kind is said to be either a rule nisi, i.e., to nor do such rumours affect a purchaser or
shew cause , or a rule absolute . A rule mortgagee with notice . But a common
nisi or to shew cause commands the party rumour may suggest inquiry, and in that
to shew cause why he should not do the way lead to notice or to the discovery of
act required, or why the object of the rule evidence properly so called. Also , when
should not be enforced . A rule absolute the conduct of a person is in question, he
commands the subject-matter of the rule may be asked whether a certain rumour
to be forth with enforced. There are some had reached his ears at a particular time,
because in such a case the rumour so reach
rules which the Courts authorize their
officers to grant as a matter of course with ing him or not might be part of the res
out formal application being made to them gestæ .
in open Court, and these were termed side RUNNING DAYS : See title Lay Days.
bar rules, because moved for by the attor RUNNING WITH THE LAND . A cove
neys at the side bar in Court; such, for
instance, was the rule to plead, the rule to nant is said to run with the land when
reply , to rejoin , and many others, which either the liability to perform it, or the
have all been ' rendered unnecessary by right to take advantage of it, passes to the
recent statutory changes. assignee of that land. Thus, if A. grants
B. a lease of the land for twenty -one years ,
RULE ABSOLUTE : See title RULE. and the lease contains, amongst other cove
nants, a covenant on the part of A. for
RULE OF COURT. The rules for regu the quiet enjoyment of the land by B.
lating the practice of the different Courts, during the term, and also a covenant on
and wbich the judges are empowered to the part of B. to cultivate the land demised
frame, and to put in force as occasion may in a particular manner, and B. afterwards
require, are termed Rules of Court. assigns the land to C. for the residue of
See title ORDERS AND RULES. the term , in this case the liability to per
RUNNING WITH THE LAND - contd . RURAL DEANERY - continued .

form the covenant made by B. and the spects a rural dean is very different from
right to take advantage of the covenant the Dean of a Cathedral.
made by A. would devolve upon C. as as See titles ARCHDEACON ; DEAN.
signee of the land to which the covenants
RUTA CESA. In Roman Law , were
related, and in so doing they would be things dug up (ruta) and things cut down
said to run with the land ( Noke v . Awder, (cæsa ), out of or upon land ; and unless
Cro. Eliz. 436 ; Cockson v. Cock , Cro. Jac.
125 ). In Spencer's Case, otherwise Spencer they were expressly included, they w
v. Clark, 5 Rep. 16, decided in the twenty not deemed to pass with the land sold
fifth year of the reign of Elizabeth , it was (Dig. xix. 1 , 17, 6).
resolved what covenants were personal and
what real, so as to run or not with the land
(or with the reversion ); and the reasons s.
for such resolution are given in the case
of Baily v. Wells, reported in Wilmot, 344. SAC AND SOC : See titles MANOR ; Soc .
See title COVENANT, sub -title Real and SACRAMENTI ACTIO. In Roman Law ,
Personal Covenants. was the general legis actio, to which resort
RUNNING WITH THE REVERSION . might always be had , failing a right to use
A covenant is said to run with the rever- any of the four other or shorter forms of
sion when either the liability to perform the legis actiones.
it, or the right to take advantage of it, See title LEGIS ACTIONES.
passes to the assignee of that reversion. SACRILEGE . A desecration of any
Thus, if A. grants a lease of land to B. for thing that is holy, e.g., a church or con
twenty -one years, and the lease, among secrated burial-ground. The alienation to
other covenants, contains a covenant on laymen of lands which had been given to
the part of A. for the quiet enjoyment of religious purposes, or the application of
the land by B. during the term , and also a such lands to profane and common pur
covenant on the part of B. to cultivate the poses, was also termed sacrilege (Cowel).
land demised in a particular manner, and Injuring the fabric or ornaments of a
A. afterwards assigns the reversion in the church is punishable under the stat. 1 Mary,
land to C., in this case the liability to sess . 2, c. 3 ; and setting fire to or attempt
perform the covenant made by A. , and the ing to set fire to any church or place of reli
right to take advantage of the covenant gious worship is a malicious injury to pro
made by B., would devolve upon C. as as perty within the stat. 24 & 25 Vict. o. 97.
signee of the reversion in the land to See title MALICIOUS INJURY TO PRO
which the covenants related ; and in so PERTY .
doing they would be said to run with the SAFE CONDUCT. A guarantee or se
Campbell (Noke
reversion v . Lewis, B. & A.Cro
v. 3Awder, 392. Eliz. 436 ;
; Middle- curity granted by the sovereign under the
more v . Goodall, Cro. Car. 503 ; Cockson v. great seal to a stranger for his safe coming
Cock, Cro. Jac. 125). In Spencer's Case, into, and passing out of the kingdom
otherwise called Spencer v.Clark (5 Rep. (Cowel).
See title SAFE-GUARD.
16 ). 25 Eliz., as explained in Baily v.
Wells ( Wilm. 344), the principle of cuve- SAFE -GUARD. A security given by
nants running or not with the reversion the sovereign to a stranger who fears the
(or with the land ) is expounded. violence of any subject for seeking his
See title COVENANT, sub - title Real and rights by course of Law (Reg. Orig. 26 ;
Personal Covenants. Cowel).
See title SAFE CONDUCT.
RURAL DEAN : See title RURAL
DEANERY. SAILORS : See title SEAMEN .
RURAL DEANERY. The circuit or SALE. Is the transferring of property
jurisdiction of a rural dean is so called, from one person to another in consideration
that is to say, of a dean, who (as opposed of some price or recompense in value. The
to the dean of a cathedral church ) acts contract of sale in English Law is a real
generally as overseer for the bishop within contract, or in the nature of аa real contract,
the group of parishes constituting his some tender or transfer being required by
diaconal territory, for the purpose of in the Common Law to make the sale com
specting and reporting upon the conduct plete ; in Roman Law , on the other hand,
of the clergy of such parishes, and the con- the contract of sale is a consensual contract,
dition of the fabrics of the church therein ; being complete as soon as the price is
he is also usually the bishop's examiner of agreed on . The two systems of law agree,
candidates for Holy Orders. Iu these re- however, in this, that so soon as the sale of
SALE - continued SALE BY SAIPLE Wher goods are
a specie arti le oe s.seertaised taik is soli by sample, there is impiied in the
complete, ali nek arta biaz w 3 borta viin cocinzet a wartaaty test the balk shall
tests upon the porebisers. Ice Roman Law o respoi in quity with the sample
Erreseine is rue is the main • Peri ( Farvet F. Priset. I B $ Ait 387 ) ; and
euinn rei entsta sestra ed empt res the bayer is entitled to si sfy himself
pertint," sad toe Ezzah law in the UDO tais correspoa lebce ( Longue .
Per perit domino " sod that in Smith , I B & C 1 ) But in this case
the case of a Dog -specife article or was (as in other exs) the express negative of
certaiced bulk the risk does but so fest, azy sueh warranty wall of course displace
until the article or baik becomes spec.be it, and the intenting puretaser would thea
or is ascertaised. Bar there is this very Lare to inspect the belk for himself or
striking differee between the Earlah parehase as his own risk ( Benjamin on
and the Ponan Lavia the entrart of sale, Sales ).
Damely, that in Esglish Las the PROSZETT SALE OF SHIP : See title SAIPS, SALE
in a specife art.cle (or in a Dateife ASD JIOBTGAGE OF .
article or unascertain d baik su so as
the same becomes specite or ascertained ) SALE ON TRIAL : Sce title SALE ON
passes to ani vests in the purchaser even APP ITAL
before delivery , the reador retaining only SALE WITH ALL FAULTS. In this
a lien on it while in his presessiin for the case, unless the seller fraudulently and
price ; whereas, in Phias Liw such pro- inconsistently represents the article sold to
party does it pass into the pure aer be faultiess, or contrives to conceal any
until after payment of the price and also fauls from the purchaser, the latter must
delivery of the article ( Benjamin on take the article for better or worse ( Bagle
Sales ; Just. Inst ii. 1. 41 , ani ini. 23 (2+), hode v. Walters, 3 Camp. 151 ).
pref.).
SALIQUE LAW . An ancient law made
SALE ON APPROVAL. Ti.is phrase and by Pharamond, King of the Fra :iks, by
the corresponding phrases " sale in trial " which males only were capable of inherit
and “ sale or return,” denote a sale depende ing (Cowel). Ii remained applicable to
ent upon a condition precedent, viz., the the French succession to the Crown.
condition of the purchaser being sat sied SALUS BEI PUBLICE SUPREMA LEX.
with or approving the goods. The approval
may be implied from keeping the goods ThisThe safety of the state isthe supreme law.
beyond a reasonable time ( Benjamin , 483 ). masim overrides all the more parti
cular or special rules of law , and renders
SALE, BILL OF : See title BILL OF SALE. void many Acts which ( but for contra
SALE OF GOODS : See title SALE. vening the principle of the maxim, i.e.,
public policy) would or might hold good.
SALE OF LAND. Is either by public See titles FRAUD ; POLICY, PUBLIC.
auction or by private contract; and in SALVAGE. Is the compensation allowed
either case is according to certain pre
viously agreed upon conditions of sale. A to persons by whose assistance a ship or
deposit is usually paid , but unless by the boat, or the cargo of a ship, or the lives of
the persons belonging to her, are saved
express agreement of the parties no deposit from danger or loss incases of shipwreck,
is necessary to complete the bargain as a derelict, capture, and the like. And a
binding contract. In due course, an ab salvor is he who renders such assistance.
stract of title is delivered by the vendor to The chief statutory provisions at present
the purchaser, who examines same and in force with reference to wreck and sal
satisfies himself regarding the title, - its vage are contained in Part vill. of the stat .
sufficiency or insufficiency ; in case the title 17 & 18 Vict. c . 104 (Merchant Shipping
is insufficient or bad, and cannot be per
Act, 1854).
fected or cured, the contract is usually off, The services entitling to salvage must
and the deposit-money is returned ; but be such as demanded skill , enterprise, and
otherwise the contract proceeds, and is
finally completed by payment of the resi risk on the part of the salvors ; for mere
due of the purchase-money and obtaining ordinary services, as towage, no salvage is
a legal conveyance of the land, free from claimable ( The Princess Alice, 3 W. Rob.
138 ). Moreover, these services must have
incumbrances, and by delivery over of the been attended with success ( The Edward
title-deeds to the purchaser.
See titles ABSTRACT OP TITLE ; CONDI llaukins, 31 L. J. ( Adm .) 16 ) ; for salvage,
TIONS OF Sale ; CONVEYANCES. it is said, is a reward for services actually
conferred, not for services attempted to be
SALE OR RETURN : See title Sale ON conferred ( The Chetah, 5 Moo . P. C. C.
AL'PROVAL .
( N.S.) 621 ). There may be a valid agree
1
SALVAGE - continued . SANCTIONS, VARIETIES OF - contd .

ment regarding salvage between the mas sequences to the unsuccessfulparty. In a
ter of a vessel and the salvors, and such more general sense , a sanction has been
agreement will be binding on the owner of defined as a conditional evil annexed to
the ship ( The Firefly, Sw. 240), unless a law to produce obedience to that law ;
proved to be dishonest and exorbitant, or and in a still wider sense, a sanction means
to have been obtained by compulsion or simply an authorization of anything. Oc
fraud ( The Helen and George, Sw. 368). casionally, sanction is used (e.g., inRoman
The right to salvage may be forfeited Law ) to denote a statute, the part ( penal
either totally or partially by misconduct on clause) being used to denote the whole.
the part of the salvors, but the evidence SANCTUARY . consecrated place
of misconduct must be conclusive ( The A
Charles Adolphe, Sw. 153). A towing which had certain privileges annexed to
ship , if it render salvage services, will be it, and to which offenders were accustomed
entitled to salvage reward like any other to resort in order to evade the severity of
ship ( The Retriever v. The Queen , 17 L. T. the law ( Staunf . Pl. Cor. lib. 2, c. 38).
(N S.) 329 ). Similarly, one of the vessels See titles A BJURATION ; ARREST.
which have been in collision may, if the SANE MEMORY . Sound mind, memory,
innocent party, be entitled to salvage for
services rendered to the other party, and and understanding. This is one of the
essential elements in the capacity of con
that notwithstanding 25 & 26 Vict. c. 63, tracting ; and the absence of it in lunatics
8. 33 ; but not an, if both ships were equally and idiots, and its immaturity in infants,
in fault ( Curgo ex Capella, L. R. 1 A. & E. is the cause of their respective incapacities
356 ). or partial incapacities to bind themselves.
The following persons may become en The like circumstance is the ground of
titled to salvage ; ( 1. ) Officers and crews their exemption or partial exemption in
of Her Majesty's ships ; (2.) Pilots, but cases of crime.
not for mere pilotage services ; (3.) Seamen
of the abandoned wreck ; (4. ) Ship agents ; SANITARY LAWS. The principal Sani
(5. ) Ship -owners ; (6. ) Masters of vessels ; tary Acts have been the Public Health
(7. ) Beachmen , coast-guardsmen, and Act, 1848 ( 11 & 12 Vict. c. 63 ), the Local
others ; but not passengers on board the Government Act, 1858 ( 21 & 22 Vict. c. 98),
wreck. the Local Government Act, 1858, Amend .
With reference to the amount of salvage, ment Act, 1861 (24 & 25 Vict. c. 61 ), and the
the Court of Admiralty never allows more Local Government Act Amendment Act,
than a moiety for salvage, however meri 1863 (26 & 27 Vict. c. 16 ), — all which four
torious the salvageservices may have been Acts have been wholly repealed by the
( The Inca, Sw. 370) ; the value is to be Public Health Act, 1875 ( 38 & 39 Vict.
calculated at the place where the services C. 55 ), and the last mentioned Act also
terminate ; also , pro ratâ itineris peracti, repeals (but not as regards the Metropolis
and the other equities of the case ( The or Metropolitan Police District) the Com
Norma, Lush . 124 ) . Ship and cargo must mon Lodging Houses Acts, 1851 and 1853,
each pay its own share of salvage ( The the Nuisances Removal Acts, 1855, 1863,
Pyrennée, B. & L. 189 ) ; and as between and 1866, the Sanitary Act, 1868 (31 & 32
ditferent salvors, the Court is able, under Vict. c. 115), the Sanitary Loans Act , 1869
the Merchant Shipping Act, 1854, s. 498, (32 & 33 Vict. c. 100), the Sanitary Act,
to decree an equitable apportionment ( The 1870 ( 33 & 34 Vict. c. 53), the Public
Enchantress, Lush . 93 ; and see generally Health Act, 1872 (35 & 36 Vict. c. 79),
Kay on Shipmasters ). and the Sanitary Law Amendment Act,
SAMPLE , SALE BY : See title SALE BY 1874 (37 & 38 Vict. c. 89), and one or two
SAMPLE. minor Acts relating to the like matters.
And the Public Health Act, 1875 ( which
SANCTIONS, VARIETIES OF. Sanc as regards nuisances and some few other
tions have been described as civil ( i.e. , matters extends also to the metropolis) now
private) and as criminal (i.e., public )—the consolidates the whole law of health for dis
difference between them according to tricts other than the metropolis, constitut
Austin being that the civil sanction may ing local districts and local authorities
be ri mitted or enforced at the option of (urban and rural), and empowering them
the individual, but that the criminal canc to see to the effective sewerage and drain
tion cannot be so remitted or so enforced, age, scavenging, and cleansing, and water
but that only the public ( i.e., Crown ) may ing, and supplying with pure water their
remit or at its option enforce the sanction. respective districts, and generally to the
A criminal sanction is in fact merely a health thereof, including the regulation of
punishment: and a civil sanction is simply cellar and other dwellings, and of streets,
a right or a right of action with its con the repression of diseases and their preven
SANITARY LAW8 — continued . SATISFACTION - continued .

tion, the regulation of offensive trades, &c., on the judgment roll, by which the judg
&c. , with all powers incidental to the ment creditor acknowledged that he had
effectuation of these purposes. been satisfied ( 1 Arch. Pract . 722).
SAPIENTIA SUPPLET ETATEM . A SATISFACTION, ENTRY OF : See title
maxim of evidence applicable to children SATISFACTION .
of tender years, e.g., under seven or there SATISFACTION IN EQUITY. Is a doc
abouts. Primâ facie the evidence of such trine somewhat analogous to Performance
children is not receivable, by reason of a in Equity, but differs from it in this
supposed immaturity of intellect or defec respect, that satisfaction is always soine
tiveness in the appreciation of an oath . thing given either in whole or in partas a
But upon this maxim , the child may be substitute and equivalent for something
examined in order to ascertain the measure else, and not ( as in Performance ) some
of its intelligence and religious feeling ; and thing that may be construed as the iden
when its intelligence and sentiments are ticalthing covenanted to be done. It is a
found to be sufficient, then its deficiency of presumption raised by the Courts of Equity,
years is supplied by this maxim - Intelli and only in cases where there are no ex
gence and sobriety supply the defect of press words excluding the presumption.
years . The subject of satisfaction divides itself
See titles Malitia SUPPLET ÆTATEM ; into four, or rather three branches, viz . :
VOIR DIRE.
(1.) The satisfaction of debts by legacies ;
SATISDATIO. In Roman Law , was the (2.) The satisfaction of legacies by
security ( consisting in money or in some legacies; and
other form ) given by certain persons in (3.) The satisfaction of legacies by por
certain legal proceedings, whether actions tions, and of portions by legacies.
or not ; usually, a trustee or tutor, unless ( 1.) Debts by Legacies. — The general
appointed by will or ex inquisitione (i.e., rule in this case is, that a legacy equal to
after inquiry), was required ( just as in or greater than the debt is a satisfaction ;
English Law ) to give security for his but that a legacy less than the debt is not
faithful administration of the trust. And even a satisfaction pro tanto ; and in deter
in actions, a person suing or being sued per mining what is less, that may be either in
procuratorem ( i.c., by proxy) was required amount, or in time of payment, or in cer
to give the satisdatio called de rato , other tainty of payment. And as the leaning of
wise ratam rem dominum habiturum (i.e., the Court in this case is against satisfac
that his principal would ratify or abide by tion, very slight circumstances are allowed
the result whatever it was). Aud a defend to rebut thedoctrineof satisfaction ,so that
ant bad usually to give also the satisdatio the creditor may take cumulatively both
his debt and the legacy.
called judicatum solri, i.e., that the judg.
ment ( if against bim ) would be carried out (2.) Legacies by Legacies.- Thegeneral
by him ,—which carrying out involved in rule in this case is, that if the two legacies
the case of lands the restitution of the are : (a.) In the same instrument, and
possession and also of the interim rents and different in amount, the legatee takes
profits ( prades litis et vindiciarum ). There both , but if equal in amount, one only ;
was also a species of satisdatio called pro and duplicate codicils count as one and
suâ tantum personâ, i.e., for the person of the same instrument (Whyte v. Whyte,
the defendant only, and this was and in L. R. 17, Eq. 50 ) ; but if the two legacies
are, (6.) In different instruments, then
English Law corresponds to bail by defend whether they are different or equal in
ant to appear in a personal action . amount, the legatee takes both ; with one
SATISFACTION. The satisfying a party | exception, viz ., that where the legacies
by paying him what is due by judgment are equal in amount, and the same motive
or otherwise. Thus a judgment is satisfied is assigned in each case for giving the
by the judgment debtor's payment of the legacy , then the legatee will take one
amount due on the judgment, or by the only.
judgment creditor's levying the amount (3.) Legacies by Portions, and Portions by 3
on execution . A satisfaction piece was a Legacies. The general rule in this case
memorandum written on a piece of parch- is, that the legatee or portionist shall take
ment, stating that satisfaction was acknow- one only , and not both ; nor does it matter
ledged between the plaintiff and the since Pym v. Lockyer (5 My. & Cr. 29 )
defendant. This memorandum or satis- whether the will or the settlement comes
faction piece was taken to one of the first, excepting to this extent, that what is 1
masters of the Court, and from it he due under the settlement is in the nature
entered the satisfaction. Entry of satisfuc- of a debt, and recoverable accordingly ,
tion on the roll was a memorandum entered while wbat is due under the will (so far as
SATISFACTION IN EQUITY - contd . SCANDAL AND IMPERTINENCE

it is in excess of that due under the settle continued .
ment) is a voluntary bounty only ; liable hear, or as was contrary to good manners ;
to fail or abate accordingly. There is one or anything set forth which charged some
curious anomaly connected with satisfac person with a crime not necessary to be
tion in this case, viz ., tbat as the word shewn in the cause . Impertinence was
“ portion " is applicable to children only, defined to be the encumbering the records
and a bastard is not a child , therefore the of the Courts with long recitals, or with
bastard takes both the gift under the set long digressions of matters of fact, which
tlement and that under the will, and is were altogether unnecessary and totally
therefore better off than either a child or immaterial to the point in question. Ex
one in whom the settlor-testator has put ceptions might formerly have been taken
himself in loco parentis ( Ex parte Pye, 18 to pleadings for scandal and impertinence ;
Ves. 140). but after the Jurisdiction Act, 1852 ( 15 & 16
Nota Bene . - In all cases and varieties of Vict. c. 86), s. 17, the practice of excepting
satisfaction , both sums are and remain for impertinence was abolished , and the
unpaid at the time the question arises only check upon impertinent pleadings was
( Thymne v. Glengall, 2 H. L. Ca. 131). visiting them with costs; but after that
Act, exceptions for scandal might still have
SATISFACTION PIECE : See title SATIS been taken. And now under the Judica
FACTION .
ture Act, 1873, all exceptions as such are
SATISFIED TERMS : See title TERMS OF abolished, but the faulty pleading may be
YEARS OUTSTANDING. objected to by motion in a summary manner .
SAVE AS AFORESAID : See title ABSQUE See title PLEADING .
Hoc. SCANDALUM MAGNATUM . Scandal,
SAVING THE STATUTE OF LIMITA i.e., spreading false reports , against peers
TIONS A creditor is said to save the and certain other great officers of the realm
is so called , and was subjected to peculiar
Statute of Limitations when he saves or punishment by divers ancient statutes
preserves his debt from being barred by
the operation of the statute. Thus, in the (Cowel).
See title SEDITION .
case of a simple contract debt, if a creditor
commence an action for its recovery within SCHEDULE. A piece of paper or parch
six years from the time when the cause of ment containing a list or inventory of
action accrued , he will be in time to save things, usually annexed to deeds and to
the statute. Acts of Parliament.
See title LIMITATION OF ACTIONS. SCHEME OF ARRANGEMENT : See
SAVINGS BANK, TRUSTEE. All the titles ARRANGEMENT, SCHEME OF ; RE- CON
Acts relating to these institutions were re STRUCTION OF COMPANY.
pealed by the stat. 9 Geo. 4 , c. 92, and that SCHEME FOR CHARITY. Either upon
Act has been in its turn repealed by the an information in the name of the Attorney
stat. 26 & 27 Vict. c. 87, which, together General (acting either ex officio or e rela
with the stat. 16 & 17 Vict. c. 45, now ex tione) or upon a petition under Sir Samuel
presses the law upon the subject. A sav Romilly's Act ( 52 Geo. 3, c. 101 ), the
ings bank is not necessarily a banking proceedings being ( unless when by the
company within the meaning of the Joint Attorney -General ex officio ) previously
Stock Companies Acts ; nor can a depositor sanctioned by the Charity Commissioners,
maintain an action against the trustees of the High Court of Justice in its Chancery
the society, but the question must be Division will settle and approve a charity
settled between them by arbitration ; and scheme, that is, a scheme or plan for the
in case of embezzlement, the remedy is by general conduct or management of the
mandamus to compel the trustees and charity, or of the application of the
managers to appoint an arbitrator ( Rex v. charity funds (Attorney General v. Duke of
Mildenhall Savings Bank, 6 A. & E. 952). Northumberland, 7 Ch. Div. 745 ; School
When a trustee savings bank is closed, it Board for London v. Faulconer, 8 Ch.
may be (in effect) merged in, by transfer Div. 571 ; In re Poplar and Blackwall
of its funds and depositors to, a Post Office Free School, 8 Ch. Div . 543).
Savings Bank under the stat . 26 & 27 See titles CHARITABLE INFORMATION ;
Vict. c. 14 . CHARITABLE PETITION ,
See title Post OFFICE SAVINGS Banks.
SCHOOLS. The schools in England are
SCANDAL AND IMPERTINENCE, chiefly of three kinds, viz. : ( 1.) Grammar
Scandal was defined to be anything alleged Schools, called also Endowed Schools, and
in a bill, answer, or other pleading, in such some of which have acquired the name par
language as was unbecoming the Court to eminence of Public Schools ; (2.) Proprie
SCHOOLS — continued . SCIRE FACIAS - continued .

tary Schools ; and (3. ) Public Elementary record, and requiring the person against
Schools. The first and third varieties are whom it is brought to shew cause why the
regulated by statutes, the Endowed or party bringing it should not have the ad
Grammar School Acts beginning with vantage of such record, or (as in the case
3 & 4 Vict. c . 77, and comprising 32 & 33 of a scire facias to repeal letters patent)
Vict. c. 56, 36 & 37 Vict. c. 87, and 37 & 38 why the record should not be annulled
Vict. c. 87, relating to the scheme of educa- and vacated. One of the most common
tion in and admission to the schools, ap- uses of a scire facias was to revive a judg
pointment of masters, and of governing ment after it had become extinct ; and in
bodies, and the Public Elementary Schools such a case, the writ of scire facias stated
Acts being 33 & 34 Vict. c. 75 (Elementary the judgment recovered by the plaintiff,
Education Act, 1870), and some Amend- and that execution still remained to be had,
ment Acts ; the second variety of schools and commanded the sheriff' to make known
are under the exclusive control of the Com- to the defendant that he should be in Court
mon Law . And with reference to those on the return day, in order to shew why
Grammar Schools, such as Eton, Harrow, the plaintiff ought not to have execution
& c., which have acquired the name of against him (2 Arch. Pract. 1122). The
Public Schools, two Acts have been re- writ of scire facias is not now required for
cently passed for their government, viz., the purpose of reviving a judgment, an
31 & 32 Vict. c. 118 ( Public Schools Act, order of revivor being substituted for it ;
1868), and 35 & 36 Vict. c. 54 (Public however, the writ still lies on a judgment
Schools Act, 1872 ), relating principally to against an executor of assets quando acci
the constitution and powers of their respec- derint, and in some other peculiar cases
tive governing bodies ( Hayman v. Rugby (Sm . Act. at Law , 292).
School (Governors ), L. R. 18 Eq. 28). See titles PATENTS ; REVIVOR, ORDER
OF .
SCIENTER . A term used in pleading SCIRE FIERI. When to a writ of exe
to signify that part of the declaration cution issued against an executor or an
which alleged the defendant's previous administrator, the sheriff returns nulla
knowledge of the cause which led to the bona, the plaintiff, if he can prove a devas
injury complained of ; or rather, his pre tavit, may sue out a scire fieri inquiry,
vious knowledge of a state of things which which is a writ directed to the sheriff,
it was his duty to guard against, and his
omission to do which had led to the injury commanding him that in case there shall
complained of. Thus, in an action upon be no goods of the testator remaining in
the hands of the executor, he shall sum
the case for keeping dogs that chased and
killed the plaintiff's cattle, that part of mon a jury to inquire whether the de
the declaration which, after stating that fendant has wasted the goods of the
the “ defendant wrongfully kept dogs," testator, and if a devastavit be found, that
added “ knowing them to be accustomed to he shall warn the defendant that he be in
chase and kill cattle ,” was termed the Court upon a day mentioned , to shew cause
scienter ( Jackson v. Pesked , 1 M. & S. 238 ; why the plaintiff should not have a fieri
Steph . Pl. 178, 4th edit .) It was not in facias de bonis propriis against him ( 2
Arch. Pract. 1233).
variably necessary to either allege or prove See titles DEVASTAVIT ; EXECUTION,
a scienter ; e.g. , for injuries by a dog to WRIT OF.
cattle (and in which formerly , as above
appears , a scienter was necessary ) no SCOT AND LOT : See title LOT AND
scienter is now necessary (28 & 29 Vict. Soot.
c. 60), yet the scienter remains necessary SCOTLAND : See title IRELAND.
in the case of injuries by a dog to human SCRIBERE EST AGERE. To write is to
beings ; again , no scienter need be alleged
or proved for an injury to cattle by other act ; that is, writing is acting. This
cattle, where there is a positive contract to maxim of law appears to have no applica
take care of the cattle that are injured tion excepting (and even then doubtfully)
( Smith v. Cook , 45 L. J. , Q. B. 122). in cases of prosecution for treason ; e.g.,
in Peacham's Case ( tempore, Jac. 1 ), the
SCILICET. A word frequently used in writing (without publication) of an alleged
pleadings to point out or particularize that seditious sermon was taken as the overt
which had been previously stated in general act required in order to convict for treason .
terms only . See titles OVERT ACT ; TREASON .
See title VIDELICET OR SCILICET. SCRIP : See title SHARE -CERTIFICATES.
SCIRE FACIAS. A scire facias is a SCRIVENER . An agent to whom pro 1
judicial writ (in the nature of a writ perty was entrusted for the purpose of
original) founded upon some matter of lending it out to others at an interest pay
SCRIVENER — continued . SEA -SHORE - continued .

able to his principal , and for a commission extent of the Crown's right to the sea-shore
or bonus for himself, whereby he sought to land wards is the line of the medium high
gain his livelihood . In order to make a tide between the springs and the neaps
man a money scrivener, he must carry on ( Att.-Gen. v. Chambers, 4 De G. M. & G.
the business of being entrusted with other 206 ). The bed of all navigable rivers
people's moneys to lay out for them as where the tide flows and re-flows, and of
occasion offers. See Arch . Bank . 36 ; all estuaries or arms of the sea, is vested in
Adams v . Mulkin , 3 Cramp. 534, per Gibbs, the Crown, but subject to the right of
C.J .; Scott and Another y . Melville and navigation which belongs by law to the
Others, 3 Scott's N. R. 346 ; 9 Dow. 882. subjects of the realm , and of which the
SCULPTURE, COPYRIGHT IN. The right to anchor forms a part ; and every
Sculpture Copyright Acts are the Acts grant thereof made by the Crown is subject
38 Geo. 3, c. 71, and 54 Geo.3, c. 56. Under to such public right of navigation (Gann
these Acts, the artist who makes any new v. Free Fishers of Whitstable, 11 H. L.
and original sculpture or model or copy of C. 192), and for which, therefore, the
the human figure or of any animal, or of grantee cannot ( in the general case ) charge
any alto -relievo or basso -relievo or of any anchorage dues. As evidence of such a
cast from nature, shall have the sole right grant of the seashore to the lord of the
and property therein for the term of four manor, the exclusive taking of sand, stones,
teen years, and apparently (Lunn v. Thorn and sea -wees may be called in aid, in the
ton, i C. B. 379 ) for the further period of absence of documentary evidence of the
other fourteen years from the first publica grant ( Calmady v. Rowe, 6 C. B. 861).
tion of same, provided he register thereon If the sea, by gradual and imperceptible
his name and the date of publication. The progress, encroaches upon the land of a
copyright is to be registered under the Act subject, the land thereby covered with
13 & 14 Vict. c. 104, s. 6, and when so water accrues to the Crown ( In re Hull &
registered the proprietor may sue for any Selby Railway, 5 M. & W. 327) ; and in the
case of a like retirement of the sea , the
infringement thereof, and recover under land accrues to the adjoining owner ( Att.
section 7 of the last-mentioned statute for
every such offence a sum not less than £5 Gen. v. Chambers, 4 De G. & J. 55).
and not more than £30, provided the See titles ALLUVIO ; NaviGATION,
sculpture, &c., have on it the word regis Public RIGHT OF ; SEA-BED, &c.
tered with the date of the registration. The SEAMEN. Under the Merchant Ship
action must be brought within six calendar ping Acts of 1854 and subsequent years,
months next after discovery of the infringe- numerous provisions for the regulation
ment committed . and benefit of seamen have been made ;
SCUTAGE : See title ESCUAGE. and , under two recent Acts, seamen may
SCUTAGIO HABENDO, WRIT OF. A insist upon the vessel being seaworthy
before sailing, although no warranty of
writ that lay for the king or other lord seaworthiness exists at Common Law ( 34
against his tenant, who held by knight & 35 Vict. c. 110 ; 36 & 37 Vict. c . 85).
service, to compel him to serve in the wars, Any attempted sale of, or charge upon,
or to find a substitute, or to pay escuage
(F. N. B. 83 ; Cowel). their wages is invalid. If discharged
abroad, the master is to give them a certi
SEA -BED. Is all that portion of land ficate of discharge, and to send them home
under the sea that lies beyond the sea- at expense of shipowner, and also to return
shore, and which, equally with the sea- them their certificate of competency . The
shore, belongs primâ facie to the Crown, effects of deceased seamen , if under £50,
but may be acquired by the subject, either will be paid over by the Board of Trade tó
by grant or adverse possession. persons entitled to them as next of kin or
See title SEA-SHORE. under will, without probate or administra
SEA - SHORE . contemplation of law tion ; the Board may recognise the claim,
belongs in property to the sovereign as a even after six years from death (see Kay's
jus privatum ,subject to the jus publicum , Shipmasters and Seamen).
or public right of the sovereign and people SEA -WALL . The expense of maintain
together, to pass and re - pass over it, which ing ( or of originally constructing ) a sca
latter right is in the nature of an ensement wall may by means of a commission of
or quasi-easement (Att.-Gen. v . Burridge, sewers be thrown upon the frontagers
10 Price, 350). The king may grant his and others deriving immediate or proxi
private right to a corporation being caput mate benefit from the sea -wall. But there
portus, but subject always to the public is no liability at Common Law as between
right ( Att.-Gen. v. Parmeter, 10 Price, 378). frontagers and other landowners for the
In the absence of all other evidence, the frontager to construct or to maintain such a
SEA -WALL - continued . SEARCH -WARRANTS - continued .
wall ; by prescription, such a liability may, Health Act, 1875 (38 & 39 Vict. c. 55),
however, arise ( Hudson v. Tabor, 1 Q. B. D. s. 119, a justice of the peace may on sworn
225 ; 2 Q. B. D. 290 ). complaint by medical officer of health ,
inspector of nuisances, &c., grant a search
SEAWORTHINESS . There is an im warrant for putrid meat, fruit, &c.
plied warranty of seaworthiness at the See title Post OFFICE .
time a policy of ship -insurance (being a
voyage-policy) is effected ; secus, in the SECOND DI IVERANCE, WRIT OF.
case of a time- policy. But there is no such A writ which lay for a plaintiff after he
warranty at Common Law with passengers had been nousuited in an action of replevin ,
or with seamen ; under the Passenger Acts in pursuance of which the sheriff again
( see that title ), the safety and comfort of delivered to the plaintiff the goods that
passengers are otherwise provided for ; and were distrained , on his giving security, as
seamen are now protected under Plimsoll's he did in the first instance, to re -deliver
Act. them , if the distress proved a justifiableone
See title SEAMEN. (2 Arch . Pract. 1087, 1094).
See title REPLEVIN.
SEALS. Are annexed to legal instru
ments, which thereupon become deeds. SECONDARY, Was an officer of the
The signature of the sealing party is Courts of King's Bench and Common
usually affixed in addition to the seal, but Pleas, and he was so called because he
does not appear to be necessary. was second to the chief officer, i.e., to the
See titles GREAT SEAL ; SIGNATURE . sheriff, semble, for he was and is the chief
SEARCH -WARRANTS. In the case of executive officer, the Judge being judicial
merely and not executive. The seconda
Leach v. Money ( 19 St. Fri. 1001 ), in 1765,
it was held, that a general warrant issued ries of these Courts were abolished by
by a Secretary of State to search for and 7 Will. 4 & 1 Vict. c . 30 ( 1 Arch . Pract. 11 ),
seize the author (not named ) of a seditious and the existing Masters were by the same
Act appointed in their stead . But at the
libel was illegal; and in the case of Wilkes present day there is still a law officer in
v. Wood ( 19 St. Fri. 1153), in 1763, the
the City of London who bears the name of
like decision had been given regarding a Secondary, scil , because he is second to
general warrant issued by the same autho
the chief officer (i.e., semble, the Judge) of
rity to search for and seize the papers of the City of London Court, and who was
such an author (not named ) ; and in Entick originally the sheriff ; whence the Second
v. Carrington ( 19 St. Fri. 1030 ), in 1765, ary is for some purposes like an Under
the warrant was held illegal even when the
author was named . And it seems that the Sheriff. His principal duties as Secondary
sovereign cannot personally arrest a man or
are to assess damages on writs of inquiry
upon judgments given in any of the Courts
commit a man by word of mouth, though she sitting within the City.
may do so by matter of record , or warrant
setting forth the offence charged in order that SECONDARY CONVEYANCES. Convey
the Court may determine whether it be ances are sometimes divided into primary
known to the law ; and if so, whether it be or original conveyances, and secondary
bailable or not. The power thus inherent or derivative, The primary are such
in the sovereign has by her been in prac as do not depend upon any previous con
tice delegated to the Privy Council, or to a veyance, but are independentand original;
Secretary of State ; but the power of the the secondary are such as pre -suppose some
latter to interfere with the subject's liberty other conveyance precedent, and only serve
is restricted to cases of alleged treason or to enlarge, confirm , alter, restrain , restore,
treasonable practices ( R. v. Despard , 7 T. R. or transfer the interest granted by such
736 ). The power does not extend to autho original conveyance ; thus an assignment
rise the seizure of papers of an accused . A of a lease may be considered a secondary
justice of the peace may issue a search conveyance with respect to the lease itself;
warrant for alleged stolen goods, in the so also, a release with respect to the lease ,
case of their being believed to be in the in the conveyance by Lease and Release .
possession of a person apprehended for the See title CONVEYANCES.
felony ; and under 24 & 25 Vict. c. 96, SECONDARY EVIDENCE : See title
s. 103 , upon the sworn information of any
credible ness, the justice may grant a DERIVATIVE EVIDENCE.
search -warrant against any person whom SECONDARY PARTIES : See title Coux
soever alleged to bave in his possession TER - CLAIM .
or on his premises any property, stolen,
embezzled, or in other like manner mis SECONDARY USE : See title SAIFTING
appropriated. Also, under the Public USE .
SECRET COMMITTEE. A secret com- SECTÂ AD MOLENDINUM , WRIT DE.

mittee of the House of Commons is a A writ which lay for the owner of a mill
committee specially appointed to investi- against the inhabitants of the place where
gate a certain matter ; and secrecy being such mill was situated , for not doing suit
deemed necessary in furtherance of its to the plaintiff's mill ; that is, for not
objects, its proceedings are conducted with having their corn ground at it.
closed doors, to the exclusion of all persons See title SUBTRACTION.
( including even members) who are not SECTA REGALIS. A suit so called by
members of such committee. All other which all persons were bound twice in the
committees are open to members of the year to attend in the sheriff's tourn , in order
House, although they may not be serving that they might be informed of things
upon them .
relating to the public peace. It was so
SECRET TRUSTS . Where property called because the sheriff's tourn was the
(whether real or personal) is given by will king's leet, and it was held in order that
to a trustee, or, being personal, is be- the people might be bound by oath to bear
queathed to or vests in the executor, and true allegiance to the king (Cowel).
nothing on the face of the will suggests See title ALLEGIANCE.
that the beneficial interest was to be taken SECUNDUM ALLEGATA ET PROBATA.
by such devisee-trustee or legatee -exe Means literally according to the pleadings
cutor, or simple executor, and, à fortiori, and the evidence ; and is a maxim whereby
if the contrary intention appears, then the a party recovers in his action only accord
beneficial interest is undisposed of by the ing to his claim as stated and as proved.
will ; and a further writing to be executed
as to dispose of the
a will is necessaryTherefore SECURITY. Is the general name for
beneficial interest. no secret all mortgages, charges, debentures, & c .,
trust declared by word of mouth only, whereby the repayment or payment of
or even in writing (the same writing not money is secured otherwise than by the
being duly executed and attested as a will, mere personal undertaking of the debtor.
or in existence at the date of and incorpo- SECURED AND UNSECURED CREDI.
rated into the will), is permitted to be TORS. In the administration by the Court
valid ( contrast Adlington v. Cann, 3 Atk . of Bankruptcy of the estates of bankrupts,
141 , with Muckleston v .Brown, 6 Ves. 52) ; and in the administration of insolvent
but the property will go , so far as it con estates by the Chancery Division of the
sists of real estate , to the heir - at- law or
High Court of Justice, the same rules are
residuary devisee, and, so far as it consists now observed as regards the method of
of personal estate , to the next of kin or proving for their debts by secured creditors,
residuary legatees. On theother hand, if that is to say , the secured creditor may
the devisee or legatee ( whether he be either throw up his security and prove for
executor or not ) appear on the face of the his entire debt, or he may realise (or put a
will to be entitled to take the beneficial value on ) his security, and in that case he
interest as well as the legal interest, then proves only for the excess (if any) of his
no parol evidence to disprove that plain debt over the proceeds realised out of his
effect of the will is admissible, with this security, or over his valuation thereof.
one exception, viz., that parol evidence See title PROOF OF DEBTS IN BANK
may be admitted to prove a fraud on the RUPTCY .
part of the devisee or legatee in procuring
the gift to be made to him by the will, in SECURITY FOR COSTS. When the
that, for example, he undertook a certain plaintiff in an action resides out of the ju
risdiction of the Court in which the
secret trust ; and in that case, the Court, if it
find the secret trust to be lawful, will decree action is pending, and the defendantis
execution thereof, and if it find same un- apprehensive that the plaintiff, in the
lawful, will give the property, if real, to event of being defeated , will evade pay
the heir-at-law , and if personal, to the next ment of the costs or expenses of the suit,
of kin of the testator ( Strickland v. Ald it is usual for him to apply to the Court to
ridge, 9 Ves. 519). compel the plaintiff to give security for
See title TRUSTS, RESULTING . such payment; and the Court usually
orders this to be done, there being grounds
SECTA . By this word the witnesses, or for the application. The security is com
followers, of the plaintiff were anciently monly effected by the plaintiff and two
understood .
sureties entering into a bond to a sufficient
SECTA AD CURIAM , WRIT OF. A amount to cover the supposed costs of the
writ that lay against him who refused to suit (2 Arch . Pract. 1414 ), and sometimes
perform his suit, either in the County by the payment of money into Court. The
Court or in the Court Baron (Cowel). mere poverty of a plaintiff is, however, no
See title JURY. ground for requiring him to give security
SECURITY FOR COST8 - continued . SEDITIOUS ASSEMBLY - continued .
for costs, unless to a limited extent in are seditious acts, words, or libels, and are
some proceedings in tort proper for the punishable with fine and imprisonment;
County Court, but which the plaintiff and the assembly at which any of these
chooses to institute in a superior Court things are done or uttered is å seditious
( County Courts Act, 1867, 30 & 31 Vict. assembly .
c. 142, s. 10). An appellant used invaria- See title Riot.
bly to give security for costs, commonly SEDUCTION is a tort committed against
making a deposit of money in Court ; but a parent or master by having illicit sexual
under the present practice, security for the intercourse, through persuasion , with his
costs of an appeal is not invariably ( or daughter or female servant. The founda
even usually ) given or ordered, special tion of the action is loss of services ; and a
circumstances requiring to be shewn in parent can only maintain the action if
every case before the order to give security his daughter was in his service at the time.
is made (Order Lvii ., 15 ). The applica But the slightest degree of service will
tion for security should be made speedily suffice ; and the jury will give damages
(Weekly Notes, 1879, p. 99 ) ; but when not at all in proportion to the value of the
proper to be made, it may be extended as services, but in proportion to the meanness
well to the past costs as to the future costs of the conduct of the seducer ,—this excess
of the appeal (Weekly Notes , 1879, p. 131 ). of damages being awarded as a solatium to
Any order directing or refusing security the feelings of the injured parent, and
for costs either of the original action or of with which (although it is contrary to the
the appeal may be appealed to a higher principles of our law ) the judge rarely
Court ( Northampton, & c. Co. v . Midland chooses to interfere. When a master sues
Waggon Co., 7. Ch . D. 500), although for the seduction of his servant, he must
usually orders regarding costs merely are prove a subsisting contract of service valid
not appealable (Judicature Act, 1873, in law at the time of the seduction (Brace
8. 49) .
See titles Costs ; TAXATION OF Costs. girdle v. Heald, 1 B. & Ald. 722).
SEIGNOR , or SEIGNEUR. In its most
SECURITY FOR GOOD BEHAVIOUR , general signification means a lord ; but in
& o .: See title ARTICLES OF THE PEACE .
law it is particularly applied to the lord of
SECUS. Means “ It is otherwise." a manor ; and the manor is thence termed
SE DEFENDENDO, PLEA OF. A plea a seigniory, i.e., a lordship (Kitchin, 206 ;
pleaded by one who is charged with the Cowel).
death of another, to the effect that he was See title SEIGNORY.
obliged to do what he did in his own SEIGNORAGE. A privilege or preroga
defence, otherwise his life would have tive of the king, by which he claimed an
been in danger ( Staunf. Pl. Cor. Lib. 1 allowance in respect of gold and silver
c . 7). brought in the mass to be exchanged for
See titles HOMICIDE ; SON ASSAULT coin (Cowel).
DEMESNE, PLEA OF. See title MINT.
SEDITION : See titles SEDITIONS ASSEM- SEIGNORY. The having a free tt nant
BLY ; TREASON . holding lands of oneself in fee simple con
SEDITIOUS ASSEMBLY. Sedition em stitutes one a seignor, and the seignor is
braces all those practices whether by word, said to have a seignory. The seignory and
writing, or conduct, which have for their lands constitute the manor; and rent is
object to excite discontent or dissatisfac incident to the seignory .
tion, to create public disturbance, or to See titles MANOR ; REPOTED MANOR.
lead to civil war ; to bring into hatred or SEISED IN DEMESNE AS OF FEE. Is
contempt the Queen or the Government, the expression used to describe the owner
the laws or constitution of the realm ; and ship so called of “ an estate in fee simple
generally all endeavours to promote public in possession in a corporeal heredita
disorder ( R. v. Sullivan . R. v. Pigott, ment,” — the word “ seised ” expressing the
11 Cox, 44, 45). For instance , if a man "seisin” or owner's possession of a free
curse the Queen , wish her ill, give out hold property ; the phrase “ in demesne
scandalous stories concerning hier ( R. v. or “ in his demesne " (in dominico suo ),
Harvey, 2 B. & C. 257), or do anything signifying that he is seised as owner of the
that may lessen her in the esteem of her land itself, and not merely of the seignory
subjects, or that may weaken her govern. or services; and the concluding words as
of fee "
ment, or that may raise jealousies between importing that he is seised of an
her and her people ; or if he deny the estate of inheritance in fee simple (Co.
Queen's right to the throne, even in Litt. 17 a.; Fleta, 1. 5, c. 5, s. 18 ; Bract.
common and unadvised discourse, all these 1, 4, tr. 5. C. 2, P. 2).
SEISIN . Feudal Possession, or Posses- SEIZING OF HERIOTS --continued .
sion of a Freehold estate . Upon the in- of taking cattle or goods in distress : ex
troduction of the Feudal Law into England cepting that a distress is merely taken as
the word “ seisin " was applied only to the a pledge for other property, whereas the
possession of an estate of freehold , in con- heriot instantly becomes the actual pro
tradistinction to that precarious kind of perty of him who seizes it.
possession by which tenants in villenage See title HERIOT .
held their lands, which was considered to
be no possession at all in the villeins, but SEIZURE QUOUSQUE : See title Quous
the possession of those in whom the free- QUE.
hold continued . The word still retains its SELECT COMMITTEE : See title Com
original signification, being applied exclu MITTEE, SELECT.
sively to the p. ssession of land of a freehold
tenure, it being inaccurate to use the word SELF - DEFENCE : See titles Se DEFEN
as expressive of the possession of lease- DENDO, PLEA OF ; SON ASSAULT DEMESNE,
holds or terms of years, or even of copy PLEA OF.
holds. To seise signifiis to take possession SELF -REGARDING EVIDENCE . Evi .
of lands of a freehold tenure by the cere- dence which either serves or dicserves the
mony of livery of seisin, or delivery of party is so called . This species of evidence
possession ; to be seised signifies to be in is eitl.er self-serving (which is not in
possession of such land ; and the possession general receivable ) or self-disserving
of the land itself, which has been acquired (which is invariably receivable , as being
by the ceremony of livery of seisin, is an admission against himself, and that
thence denominated “ seisin ” or “ geizin .” either in Court or out of Court ).
The following passage from Crnise's Dig.
tit. 8, c. 1 , s. 10, affords a good illustration SEMAYNE'S CASE. This case, decided
of the word : “ A tenant for years is not in 2 Jac. 1 , that ' every man's house (mean 7
said to be seised of the lands, the posses ing his dwelling-house only) is his castle ,"
sion not being given to him by the cere and that the defendant may not break open
mony of livery of seisin ; nor does the mere outer doors in general but only inner doors,
delivery of a lease for years vest any estate but that (after request made)he may break
in the lessee, but only gives him a right of open even outer doors to find goods of
entry on the land ; when he has actually another wrongfully in the house.
entered, the estate becomes actually vested SEMBLE. It appears, &c., e.g , a married
in him , and he is then possessed, not pro
perly of the land, but of the term for years, woman even if she Lave separate estate
the seisin of the freehold still remaining in canuot, semble, be made a bunkrupt ( Es
the lessor. ” It may be observed, however, parte Holland , In re Heneage, L. R. 9 Ch .
that the word " seise ” is sometimes used App. 307 ) ; and this rule of law has now
in reference to the possession of goods. been positively decided to be in fact what
Thus, in Taylor v. Fisher (Cro. Eliz . 245, it only appeared formerly to be ( Ex parte
246), the following passage occurs : “ Tres Jones, In re Grissel, 12 Ch . Div. 481 ).
pass for breaking his house and taking SEMEL MALUS, SEMPER MALUS : See
away a corslet and a pike of the plaintiff's. title MaLUS IN I NO, &c.
The defendant pleaded that long time SEMI-SOVEREIGN STATES : See title
before the supposed trespass, J. Bamfield SOVEREIGN STATES.
was seised of the said corslet and pike, as
of his own goods, & c.” (Watk. Introd. SENATUS CONSULTA . In Roman
Conv. by Morley ; Coote & Cov. 7th edit. ; Law , were decrees or enactments of the
pp. 32,33 ; 1 Cru. Dig. tit. 8, c. 1 , s. 10 ; Senate, and are enunciated by Justinian
2 C. M. & R. 41 , n . (a. ) ; Camp. 116 , as one of the six sources of the jus scriptum
per Lord Ellenborouglı, C.J.; ( ro. Eliz. (i.e. , written or enacted law ). The princi
245). pal senatus consulta were the following :
SEISINA FACIT STIPITEM . “ The ( 1.) Senatus consultum Claudianum , -an
seisin maketh the stock .” This maxim de enactment supposed to bave been made in
termined anciently the stock of descent, in the reign of Claudius, and which was re
every application of the rules or canons of pealed by Justinian . It rendered a slave
descent to real property. It ceased to be the woman who after express warning had
had sexual intercourse with another man's
applicable for this purpose, after the slave, against the will of such slave's
siat. 3 & 4 Will. 4 , c. 106. master.
See titles DESCENTS ; PURCHASER.
(2. ) Senatus consultum Macedonianum ,
SEIZING OF HERIOTS. The seizing of an enactment passed in the reign either of
heriots, when due on the death of a tenant, Claudius or of Vespasian, on account of
is a species of self-remedy, resembling that the rapacities of a money-lender (Macedo)
2 I
SENATUS CONSULTA - continued . SEPARATE ESTATE - continued .
or the losses of a young debauchee ( Ma- afterwards resumed . So also under the
cedo ), and intended to repress money lend- M. W. P. Act, 1870 (33 & 34 Vict. c. 93)
ing by rendering the sums lent to children numerous species of property are made the
in potestas irrecoverable at law. wife's separate estate. But the separate
(3. ) Senatus consultum Neronianum , -- an estate exists more often than not, apart
enactment passed in the reign of Nero, from any statute or separate trading ; and
the object and effect of which was to abo- in that case, the right of the wife to the
lish ( in effect) while retaining ( in name) enjoyment of property separately from her
all the distinctions between legacies, husband is usually secured by trustees
whether as being per vindicationem , or being appointed on her behalf, to whom
per damnationem , or sinendo modo, or per the property is conveyed in trust for her
præceptionem . sole and separate use ; and when no trustees
(4.) Senatus consultum Orphitianum , -an are appointed for the wife, under a limi
enactment passed in 178 a.d. in the reign tation to her separate use, Equity converts
of Marcus Aurelius, and which enabled her husband into a trustee for her, and she
children (even although being illegitimate) would still be entitled to the enjoyment of
the separate estate.
to(41. ) Senatus consultum Tertullianum ,- The Court of Chancery, to further secure
an enactment passed in 158 A.D. in the to married women the enjoyment of sepa
reign of Hadrian, and which enabled a rate estato , allows of a restraint upon
mother to succeed as an agnata to her anticipation, i.e. , alienation, to be attached
children (even although being illegitimate ). to the property ( Pybus v. Smith, 3 Bro .
(5. ) Senatus consultum Pegasianum , -an C. C. 33 ); and the operation of that re
enactment passed in 70 A.D., in the reign of straint was settled in the case of Tullett v.
Vespasian , and whichi authorized the hares Armstrong ( 1 Beav. 1 ) to be this,-that it
to retain to himself out of the hæreditas attaches upon marriage, dis -attaches upon
one equal fourth part of the value thereof. widowhood, re-attaches upon a re-marriage,
(54 ) Senatus consultum Trebellianum , - and so on.
an enactment passed in or about 62 a.d. in To the extent that a married woman has
the reign of Nero, and which relieved the separate estate she is a feme sole ; and
hæres of, and imposed upon the fideicom- unless restrained from anticipation she
missarius ( beneficial owner) all liability for, may alienate it by any of those voluntary
the debts of the deceased testator. Justi- or involuntary modes by which a feme sole
nian amended this enactment, by incor- or a man may do ( Taylor v. Meads, 34
porating into it the provisions of the L. J. ( Ch .) 203 ; Matthewoman's Case, L. R.
Senatus consultum Pegasianum (which he 3 Eq. 787) ; the wife may also permit her
repealed ); and Justinian left it optional husband to receive her separate estate, and
with the hæres to retain the fourth part in that case she is entitled to only one
or not, and generally rendered him liable year's account of the arrears ; nevertheless,
only to the extent of the value of the estate she cannot be made a bankrupt, even in
( if any) which he retained . respect of her separate estate (Ex parte
SEPARATE DEMISE IN EJECTMENT. Jones, In re Grissel, 12 Ch . Div. 484) ;
and her husband takes all her separate
A demise in a declaration in ejectment personal estate that is undisposed of ather
used to be termed a separate demise when
made by the lessor separately or indivi death, if choses in possession or chattels
dually, as distinguished from a demise real, by his marital right ( Molony v. Ken
made jointly by two or more persons, which nedy, 10 Sim. 254), and if choses in action ,
was termed a joint demise. No such de by his right as heradministrator ( Proudley
v. Fielder, 2 My. & K. 57) .
mise , either separate or joint, is now neces
sary in this action . SEPARATION DEED : See title SEPARA
See titles EJECTMENT; SINGLE DEMISE TION OF HUSBAND AND WIFE.
IN EJECTMENT. SEPARATION OF HUSBAND AND
SEPARATE ESTATE. · Property which WIFE. A deed providing for an immediate
a married woman, under certain circum- separation between husband and wife, and
stances, is entitled to retain for her separate containing a covenant by the husband with
and independent use. By the custom of a trustee, to allow his wife an annuity, and
London аa married woman may acquire a a covenant by the trustee to indemnify the
separate estate by carrying on trade on her husband against his wife's debts,—whether
own separate account. And under the contracted before the separation, or to be
stat. 21 & 22 Vict. c . 85 , a woman judicially contracted after it, -is valid and binding.
separatedfrom her husband holds her pro- And if a separation deed contained a cove
perty to her own separate use , and such pant by the husband , not to compel or
use continues in case the cohabitation is endeavour to compel the wife to cohabit
SEPARATION OF HUSBAND 483
AND
WIFE - continued . SEQUESTRATION — continued .
with him , a Court of Equity would restrain writ of execution . Sequestration issuel in
him by injunction , from proceeding in a Chancery wben a defendant had eluded the
suit for the restitution of conjugal rights process of the Court, and a commission of
rebellion had been awarded against him to
( Hunt v. Hunt, 31 L. J. C. 161 ) ; con
versely, the wife, if she seek the like resti no effect; by virtue of which sequestration
tution ( Besant v. Wood , 12 Ch . Div . 605 ). his personal estate, and the profits of his
So, an agreement to execute a deed of real, were seized and detained until the
separation will be specifically performed . defendant obeyed the commands of the
But a deed providing for a contingent or Court ; and under the present practice, a
future separation of the parties, at the will writ of sequestration may issue, and that
of either, and not intended to take imme. even without leave of the Court, in the
diate etfect, or which is calculated to pre following cases, - ( 1.) To enforce the doing
vent a future reconciliation between them , of any act other than the payment of money
is void ( Westmeath v. Salisbury, 5 Bligh, into Court ordered to be dine within a li
N.S. 339, 366 ). Sinuilarly a covenant, mited time : (2. ) To enforce the payment
before marriage, that in case of any separa , so paid
of money into Court ordered to be enfo
tion tiking place, the husband should within a limited time ; and (3. ) To rce
make a certain provision for his wife. A the recovery of any property (not being
riconciliation and return to cohabitation, either land or money ). And apparently
even where the deed contains no provision no previous writ of attachment need have
to that effect, will of itself avoid a deed been issued. The sequestrators appointed
of separation ( Westmeath v. Westmeath , by the Court (and who are usually four in
1 Dow . & C. 519) . number ) enter upon the real estate and
SEPTENNIAL ACT . This was the stat. receive and sequestrate and take the rents
and profits thereof, and also all the per
1 Geo. 1 , c. 38 , which is still in force, and sonal estate of the person against whom
provides that Parliament, unless sooner the sequestration lias issued ; and the
dissolved, should come to a natural end at Court may subsequently direct a sale of
the expiration of seven years from its first the goods or any of them , and will direct
assembling. It was a Whig Act, passed as the application of all rents and of the
a precautionary measure against the Jaco proceeds of all sales. The sequestrators are
bites ; and it is now maintained principally accountable to the Court. ( 2.) A seques
as a means of protecting members against tration also means sometimes thesep . rating
the expense and turmoil of too frequent of a thing in controversy from the pusses
elections. sion of both those who contend for it, and
See title TRIENNIAL ACT . in this sense it is considered either as
SEQUESTER . As used in the Civil voluntary or necessary , -voluntary, when
done by the consent of each party, neces
Law signified to renounce or disclaim , & c.
As when a widow came into Court and sary when done by the judge of his own
disclaimed having anything to do with her authority, whether the parties will or not.
deceased husband's estate, she was said to (3. ) The word “ sequestration ” used also to
sequester. The word more commonly sig signify the act of the ordinary in disposing
nifies the act of taking in execution under of the goods and chattels of a deceased
person whose estate no man would inter
a writ of sequestration the ecclesiastical meddle with (2 Arch . Pract. 1284 ; Cowel ).
goods and chattels of a beneficed clerk or See titles EXECUTION , WRIT OF ; SE
clergyman. QU'ESTRARI FACIAS DE Bonis EccLE
See title SEQ UESTRATION . SIASTICIS.
SEQUESTRARI FACIAS DE BONIS SEQUESTRATION, WRIT OF : See title

ECCLESIASTICIS. A writ of execution SEQUESTRATION .
against a clergyman, directed to the sheriff SEQUESTRATORS : See title SEQUES
and commanding him to enter the rectory
and parish church , and to take and se TRATION .
quester the same and hold thein until of SEQUESTRE . In Roman Law , was a
the rents , tithes, and profits thereof, and of
other ecclesiastical goods of the defendant, deposit made with a stakeholder or midille
he shall have levied the plaintiff's debt man pending the decision of a certain
event , or dispute. He had the interim
(2 Arch . Pract. 1284).
See titles EXECUTION, WRIT OF ; F1. possessio civilis, and not merely the deten
FA, IN BONIS ECCLESIASTICIS. tion of the thing, or possessio naturalis
(Dig . xvi. 3, 17, s. 1 ).
SEQUESTRATION . ( 1. ) This word , in See titles DEPOSITUM ; DEPÔT.
its most ordinary sense, signifies a kind of SER Severall separate
IATIM . y, ly, in
2 I 2
SERIATIM — continued . SERVANT, MASTER AND ; See titles

dividually, one by one; e.g., " Their lord MASTER AND SERVANT ; SERVICE , CON
TRACTS OF.
ships delivered their judgments seriatim .”
SERJEANT -AT - ARMS is the title of an
SERVICE . The consideration which
officer in each of the two Houses of Par the feudal tenants were bound to render to
liament. His duties in the House of Lords their lord in recompense for the lands they
are to attend upon the Chancellor with the held of him . This service in original feuds
mace, and to execute the orders of the was only twofold ; to follow , or do suit to
their lord , in his courts in time of peace ,
House for the apprehension of delinquents ; and in his armies or warlike retinue in
and in the Commons, this officer attends
upon the Speaker with the mace, carries times of war. Generally, bowever, these
messages from the bar to the table, and services varied much ; some being of a
executes the orders of the House with re personal nature, others not ; some of an
honourable, others of a menial or servile
spect to delinquents to be taken into cus character (Britton, c. 66 ).
tody for breaches of its privileges. See title FEUDAL SYSTEM .
SERJEANT -AT - LAW . A serjeant-at
law was and is a barrister of the Common SERVICE, CONTRACTS OF. Wherever
Law Courts of high standing, and of much
there is a contract to perform any work, or
the same rank as a doctor of law was in to transact any business, the law implies
the Ecclesiastical Courts. These serjeants an engagement on the part of the person
derived their title from the old kuights undertaking to do the work, that it shall
templars, amongst whom there existed a be performed with due care, diligence, and
peculiar class under the denomination of skill, according to the orders given and
assented to ; and — where there is no agree
frères sergens," or fratres servientes ; ment as to the price - a promise by the
wherefore amongst all the serjeants the party who employed the workman , to pay
practice was and still is to address each
other by the familiar epithet of " brother.” him, in money, a reasonable remuneration
Until a very recent period (the 25th of to be ascertained by a jury. To maintain
April , 1834, 9 & 10 Vict. c. 54 ) the serjeants an action for work and labour, the plaintiff
at-law always had the exclusive privilege of must prove a performance of the work ac
practice in the Court of Common Pleas ; cording to the terms of the contract ; or if
he has deviated from those terms, he must
also, every judge of a Common Law Court , shew that the defendant acquiesced in such
previous to his elevation to the bench , used deviation . Contracts for services are of
to be created a serjeant-at-law ; but since numerous varieties, being entered into
the Judicature Act, 1873, that is no longer either ( 1 ) by agents, (2) by builders, (3) by
necessary, and, in fact, serjeants as a body physicians, surgeons, &c., (4) by printers,
have voluntarily dissolved themselves since ( 5) by surveyors, (6 ) by authors, (7) by
that Act came into operation (Cowel ;
attorneys, and so forth . And every such
Addison's Knights Templars, 318 ; The contract must comply with the general law
Serjeants' Case, 6 Bing. N. C. 235).
regulating oontracts, as explained under
SERJEANTY . A species of tenure by the title Contracts .
knight service, which was due to the king See title CONTRACTS.
only, and was distinguished into grand SERVICE OF WRITS, &0. The service
and petit serjeanty. The tenant holding of writs, summonses, rules, &c., signifies the
by grand serjeanty was bound, instead of delivering or leaving them to or with the
serving the king generally in his wars , to party to whom , or with whom , they ought
do some honorary service to the king in to be delivered or left ; and when they are
person, as to carry his banner, bis sword, so delivered they are then said to bave
or the like ; or to be his butler, champion, been served . Usually a copy only is served ,
&c. Petit serjeanty differed from grand and the original is shewn . Usually also
serjeanty in that the service rendered to the the service must be personal, but in cases
king was not of a personal nature, but of peculiarity substituted service may be
consisted in rendering him annually some made with the leave of the Court, or notice
small implement of war — as a bow , a of the writ, &c. , given in lieu of service
sword, a lance , an arrow, or the like thereof.
(Cowel). Both these species of tenures were See titles NOTICE IN LIEU OF SERVICE ;
spared at the general abolition of feudal SUBSTITUTED SERVICE .
tenures in 1660 ( 12 Car. 2, c. 24). The
SERVICES FONCIERS. These are in
estates of Strathfieldsaye ( Duke of Wel
lington ) and Blenheim (Duke of Marl French Law the easements of English Law .
borough ) are examples at the present day See title EASEMENTS .
of the tenure by petit serjeanty. SERVIENT TENEMENT. In the law
See title FEUDAL SYSTEM. of easements the tenement whose owner
SERVIENT TENEMENT — continued . SERVITUTES — continued .
as such is subject to an easement enjoyed divided into Rural ( i.e., easements over
by an adjoining tenement, is called by this land simply as land) and Urban ( i.e., ease
name. ments over houses, &c. , or land built upon ).
See title EASEMENTS. The rural servitudes were Iter, Actus, Via,
SERVITIUM LIBERUM . A sort of free Aquæductus ; the urban servitudes were
or liberal service which certain feudatory ancient lights ( ne luminibus officiatur ),
tenants, called liberi homines, were bound lateral support to houses froin houses ( jus
to perform . And as these tenants them immittendi), protection from rain- spouts of
selves were different from Vassals, so were neighbouring house (jus stillicidiæ ), &c.
their services of a more honourable nature ; The personal servitudes are sometimes
as to attend the lord's Court, to find a man said to have been the ususfructus, usus,
and horse to go with the lord into the and habitatio, sed quære ; because probably
army, and such like ( Cowel). they were only the profits à prendre, which
See title SERVICE . may exist in gross , i.e., in the person as
apart from his property .
SERVITIUM REGALE. Royal service, See titles EASEMENTS ; PROFITS À
or the rights and prerogatives of manors PRENDRE.
belonging to the king as lord thereof. SESSIONAL ORDERS. These are cer
These rights were generally reckoned to tain resolutions which are agreed to
be six ; viz., ( 1 ), power of judicature in both Houses at the commencement of
matters of property ; (2 ), power of life and
death in felonies and murders ; (3), a right every session of Parliament, and have re
lation to the business and convenience
to waifs and strays; (4 ), a right to assess
ments ; (5), the minting of money ; and, thereof; but they are not intended to con
( 6), the assize of bread , beer, weights, and tinue in force beyond the session in which
measures ( Cowel). they are adopted. They are principally of
See titles MANOR ; Soc. use as directing the order of business.
SERVITORS OF BILLS were messen SESSIONS. There are various kinds of
gers of the marshal of the King's Bench , sessions, viz., ( 1 ), Session of Parliament ;
and were usually sent to serve bills or (2 ), Session of Gaol Delivery ; (3), Session
writs to summon men to Court. They are of the Peace. ( 1. ) Session of Parliament
the tipstaves ( 2 Hen. 4, c. 23 ; Cowel). signifies merely the sitting of Parliament,
See title TIPSTAFF in order to transact the business of the
State. (2.) Session of Gaol Delivery is a
SERVITUDE, in its original and popular session held for delivering a gaol of the
sense, signifies the duty of service, or prisoners therein confined . (3.) Session of
rather the condition of one who is liable the Peace is a Court of record , and is held
to the performance of services. The word , before two or more justices of the peace,
however, in its legal sense, is applied one of whom must be of the quorum .
figuratively to things. When the freedom The jurisdiction of this Court, by stat.
of ownerslıip in land is fettered or re 34 Edw . 3, c. 1 , extended to the trying
stricted, by reason of some person , other and determining all felonies and trespasses
than the owner thereof, having some right whatsoever, although the later practice
therein , the land is said to serve such has been not to try any greateroffence than
person ; the restricted condition of the small felonies. There are four sessions
ownership, or the right which forms the of the peace : (a . ) General sessions, which
subjectmatter of the restriction, is termed may be held at any time of the year for the
a servitude ; and the land so burdened general execution of the authority of the
with another's right is termed a servient justices; (b.) The general quarter sessions,
tenement, while the land belonging to the which are held at four stated times in the
person enjoying the right is called the year ; (c.) Petly sessions, which are held
dominant tenement. The word “servi. by the justices periodically ( usually weekly)
tude” may be said to have both a positive for the transaction of smaller business be
and a negative signification : in the former tween the intervals of the general sessions ;
sense denoting the restrictive right be and (d.) A special or special petty session ,
longing to the entitled party ; in the which may be bolden on any special occa
latter, the restrictive duty entailed upon sion for the execution of some particular
the proprietor or possessor of the servient branch of the authority of the justices
land .
(2 Hale, P. O. 42 ; Tomlins). There was
See titles EASEMENTS; SERVITUTES. also at one time a Great Session of Wales ,
SERVITUTES. In Roman Law were which was a session or Court held in
the Easements and the Profits à Prendre of Wales twice in every year, similar to the
English Law . They were either Prædiul assizes; this session , however, was abolished
or l'ersonal ; and the Prædial were sub by the 1 Will. 4 , c. 70, and the judges now
SESSIONS - continued . SETTING ASIDE - continued .
go the circuitsin Wales and Cheshire just 3 Q. B. D. 183, 363) ; also, in any case of
mistake , surprise, or accident, any judg .
as in the English counties.
See title GENEHAL SESSIONS. ment of non -suit may be set aside upon
SESSIONS FOR WEIGHTS AND MEA terms (Order xli., 6).
SURES. A session in London , which may SETTLED ACCOUNT : See title ACCOUNT
SETTLED .
be held before four justices, selected from
the mayor, recorder, and aldermen (of SETTLED ESTATES : See title SETTLED
which the mayor or recorder must be one), ESTATES ACT, 1877.
to inquire into the offences of selling by SETTLED ESTATES ACT, 1877. This is
false weights and measures, contrary to the the stat. 40 & 41 Vict. c. 18, which came
statutes, and to receive indictments, punish into force on the 1st of November, 1877,
offenders, &c. ( Cunningham ). repealing and consolidating in one Act the
SET. This word appears to be nearly prior imperfect enactments of a like kind ,
synonymous with the word “ lease .” А viz. , 19 & 20 Vict c. 120 , and the Acts
lease of mines is frequently termed a amending same. The Act of 1877 defines
" mining set. " a “ settlement' as any Act of Parliament ,
SET -OFF. A demand which the defen deed, agreement, copy of court roll, will ,
dant in an action sets up against the plain or other instrument, or any number of such
tiff's demand, so as to counterbalance that instruments, under or by virtue of which
of the plaintiff, either altogether or in any hereditaments of any tenure or any
part. As if the plaintiffsues for ten estates or interests in any such heredita
pounds due on a note of hand, the de ments stand limited to or in trust for any
fendant may set off nine pounds due to persons by way of succession, including
bimself from the plaintiff, for merchandise any such instruments affecting the estates
sold tointhereduction
plaintiff;ofand of any one or more of such persons ex
set-off the ifplaintiff's
he pleudsclaim
such
, estates
clusively; and the Act defines " settled
as all hereditaments of any tenure,
such plea is termed a plea of set-off. A and all estates or interests in any such
set- off may therefore be defined to be a
claim which a defendant has upon a plain hereditaments, which are the subject of a
tiff, and which he sets up or places against settlement, including all estates or interests
the pluintiff's demand. Under the Judi in remainder or reversion not disposed of
cature Acts, a defendant may set-off even by the settlement, and reverting to
unliquidated damages by means of a settlor or descending to the heir of a
testator.
counter-claim (Act 1873, 8. 24, sub-s. 3 ; See title MINISTERIAL POWERS.
Order XIX . 3 ). Prior to that Act, the
leading principles of set offwere the follow- SETTLEMENT, ACT OF. The stat. of
ing : - 1st. At Law , there was no set-off in 12 & 13 Will, 3, c. 2, by which the Crown
case of mutual unconnected debts, until the was limited to the house of Hanover, and
Statutes of Set-off, 2 Geo . 2, c. 22, and some new provisions were added for the
8 Geo. 2, c. 24, permitted it in the case of better securing the religion , laws, and
the bankruptcy of either debtor ; but as to liberties of England. Omitting temporary
connected accounts, the balance was in the provisions ( since repealed), the principal
general case recoverable at Law. 2ndly. In provisions are :
Equity, these Courts generully followed the ( 1.) That the sovereign shall be a mem
rules of the Common Law in allowing or ber of the Established or National Church ;
in refusing a set -off, but they allowed a (2.) That judges shall hold office quam
set-off in the following further cases,– diu se bene gesserint ; and
(a.) In the case of mutual independent (3. ) That the Crown's pardon shall not
debts, contracted upon the faith of a be pleadable to an impeachment.
mutual credit ( Lanesborough v. Jones, 1 P. See titles PLACE BILL ; SUCCESSION TO
Wms. 326 ) ; (6.) In the case of cross de CROWN, LAW OF.
mands admitting a set off at Law , but of SETTLEMENT, DEED OF. A deed
which the one was of an equitable nature ; made for the purpose of settling property ,
and even (c.) In the case of cross demands i.e., arranging the mode and extent of the
arising in different rights, but in this last
enjoyment thereof. The party who settles
case only under circumstances of particu the property is called the settlor ; and
larity, e.g., of fraud ( Ex parte Stephens, usually his wife and children , or his credi
11 Ves. 24). tors, or his near relations, are the bene
SETTING ASIDE. All judgments ob- ficiaries taking interests under the settle
tained by default may usually be set aside, ment. The settlement may be either a
upon terms, proper grounds to excuse the settlement of real estate or a settlement of
default being shewn (Watt v. Barnett, personal estate.
SETTLEMENT OF PERSONAL ESTATE . SETTLEMENT OF REAL ESTATE - con

This is a settlement usually made upon tinued .
marriage, either a marriage to follow , or for sale, such trust being made exerciseable
one which has already taken place. It is during the lives of the tenants for life with
a deed of trust ; and usually the first trusts their consent only, and afterwards at the
( after providing for the investment of the sole discretion of the trustees, and the
trust funds) relate to the destination of proceeds to arise from the sale are then
the income during the lives of husband settled as personal estate, with a proviso
and wife, and that of the survivor of them . that until sale the rents and profits shall
When the property put into settlement is be paid and applied in the same manner as
contributed by the husband, the first lite theincome of theproceeds would be appli
interest is in general given to him ; on the cable if a sale had been already made.
other hand, where the property is contri- (2.) On the other hand, if the real estate
buted by the wife, the first life interest is (being an old family estate, or for any
invariably given to her for her separate use otherreason ) is to be settled strictly. the
with or without power of anticipation ; but general forni and contents of the settle
it is competent to the wife to allow the ment are as follows :—The first testatum
husband to receive the income without contuins a grant of the freehold property
account. After the decease of both hus to the general trustees (grantees to uses) to
band and wife, the ordinary trusts of the the use of the settlor and his heirs until
settlement are for the children or remoter the marriage, and thereafter to the use of
issue of the marriage as the husband and pin -money trustees for a term of ninety-nine
wife or the survivor shall appoint ; and in years, and subject thereto to the use of the
default of, or subject to , any such appoint- settlor for life, remainder to the use that
ment, then in trust for the children equally, the wife surviving her husband shall
sons taking a vested, i.e., transmissible, receive a jointure rent-charge during her
share at twenty -one, daughters the like at life, and subject thereto to the use of
twenty -one or marriage, whichever is the jointure trustees for a term of 200 years,
earlier event ; and in case of a failure of and subject thereto to the use of portion
children or remoter issue of the marriage trustees for a term of 600 years,and subject
living to attain a vested interest, the trust thereto to the use of the first and other
property is usually made to revert to the sons of the marriage successively in tail
party who has contributed the same. The male, (with remainders to the use of the
settlement usually contains special provi- husband's younger brothers for life, and to
sions regarding the maintenance, educa- their respective issues in tail male in suc
tion, and advancement of the children of cession , with remainder to the first and
the marriage, and which provisions are other sons of the intended husband in tail
usually applicable only when both parents general , with the like remainder to his
are dead , while the children (or some of daughters in tail general, with remainder
them ) are still infants. Very generally, to the first and other sons of the husband's
the settlement contains also a covenant to brother in tail general, with remainder to
bring into settlement the after-acquired the first and other daughters of the same
property of the wife (exceeding a certain brothers in tail general], with remainder to
value, which varies according to thewealth the right heirs of the settlor. The limita
of the parties ); and such a covenant is only tions within the square brackets are often
operative during the coverture, and is on omitted, or are left to be subsequently
the wife's part only, being improper and settled by the remainderman in fee, or by
suicidal on the part of the husband . the first tenant in tail. The settlement
then goes on to declare the trusts of the
SETTLEMENT OF REAL ESTATE . several terms of ninety -nine years, 200
This is a deed of trust made in contem- years, and 600 years being the terms
plation of marriage ; but it differs from a created respectively to secure the wife's
settlement of personal estate in this respect, pin- money, the widow's jointure, and the
that the limitations of real estate may be younger children's portions. The settle
made without the intervention of trustees, mentought also to contain the following
whereas trustees are indispensable in a usual clauses ;
settlement of personal estate. ( 1.) Maintenance and education clause ;
A settlement of real estate may be either (2. ) Advancement clause ;
a strict settlement, as it is called, or one (3.) Provisions for theraising of portions ;
that is not strict. ( 1.) The settlement (4. ) Provisions for the application of
which is not strict is made where it is rents during minorities ;
desired to settle the land in such a way as (5.) Power for the husband to charge
that the children shall take equally ; and the premises with a gross sum, in
the proper mode of attaining that object is general for his professional ad
by conveying the land to trustees ini trust vancement;
SETTLEMENT OF REAL ESTATE - con
tinued . SETTLEMENT, POOR LAW - continued .
(6. ) Power for him to charge an addi Also acquiring property at the purchase
price of £ 30 or upwards, appears to confer
tional rent -charge for his in à settlement in the place where the pro
ten ded wife ;
perty is situated ; but residence in the
(7. ) Power for him to jointure any future place seems to be also necessary .
wife, and to charge portions for See title Poor .
his children by her ;
(8.) General powers of managing estate, SEVEN BISHOPS, CASE OF : See title
according to its nature, by grant BISHOP , CASE OF THE SEVEN .
ing mining, agricultural, or other SEVERAL COVENANT. A covenant
leases, subject to specified restric
tions ; by two or more persons severally, and not
(9. ) Powers of sale and exchange ; jointly, so that they are severally or sepa
( 10. ) Powers of enfranchisement and par rately bound by it. 5 Rep. 23.
tition ; See title Covenant , sub -title Joint
( 11. ) Provisions for the application of the and Several Covenants.
moneys received upon any sale , SEVERAL DEMISES. Prior to the Com
exchange, enfranchisement, ог mon Law Procedure Acts, 1852-1860, it
partition ; was necessary that the plaintiff in ejectment
(12. ) Power to general trustees to give should make aa demise, and that he should
receipts for such last-mentioned have the legal estate in him for that purpose.
moneys ; and Wherefore in case of any doubt whether
( 13.) Power of appointing new trustees ; the legal estate was in A. or in B. or in C.,
Where the settled property comprises
it was usual in framing the declaration to
freeholds, copybolds, leaseholds, and heir insert a demise by each, and the declara
looms, or general personal estate, there is tion was then said to contain several de
usually a separate testatum for each of mises. But now no demise at all is neces
these species of property ; and the settlor sary to an action of ejectment.
gives the usual covenants on the part of a See titles EJECTMENT ; SINGLE DEMISE
vendor, a settlement being in the nature of IN EJECTMENT.
a purchase -deed.
See title KE- SETTLEMENT. SEVERAL FISHERY : See titles FISHERY ;
RIVERS.
SETTLEMENT, POOR LAW . The right, SEVERAL INHERITANCE , An in
depending on various circumstances, which heritance conveyed in such manner as to
entitles a pauper to be maintained by a descend or come down to two or more per
particular locality, whether parish or union, sons severally, and not jointly, by moieties
is called his settlement. In the case of a
married woman, her settlement follows ( Cunningham).
See title CO -PARCENERS.
that of her husband, assuming the mar
riage to have been legal ( Chinham v . SEVERAL TAIL. An entail severally to
Preston, 1 W. Bl. 192) ; but if her husband two : as if land is given to two men and
has no settlement she retains her maiden their wives and to the heirs of their bodies
settlement ( Rex v. St. Botolph , Burr. S. C. begotten ; here the donees have a joint
367 ). With reference to children ( a ), if estate for their two lives , and yet they have
legitimate, the place of their birth is a several inheritance, because the issue of
primâ facie the place of their settlement, the one shall have his moiety, and the
such settlement continuing so long as the issue of theother the other moiety ( Cowel).
child remains a member of the family See title ESTATE TAIL JOINT.
( Rex v. Bleasby, 3 B. & A. 377) ; and (6),
if illegitimate, the mother's settlement is SEVERALTY. A person is said to hold
that of the child (4 & 5 Will. 4, c. 76, c. 71 ). lands in severalty when he is the sole
Domestic servants used to acquire a settle tenant thereof, and holds them in his own
ment by one year's uninterrupted service right only, withoutany other person being
in the same family, but such is not now joined or connected with him in point of
the effect of service (4 & 5 Will. 4, c. 76, interest during his estate therein .
s. 64). Being an apprentice and inhabiting See title JOINT TENANCY .
in any town or place makes that place the SEVERANCE, Singling, dividing, dis
settlement of the child (3 W. & M.c. 11,
s. 8 ; St. Pancras v. Clapham , 2 El. & El. jointing. Thus, in pleading, when there
are several defendants in an action they
742 ). Also renting a tenement of the may either all plead jointly one and the
yearly value of £ 10 and paying poor rates same defence, or each defendant may
for one year, confers a settlement, under
35 Geo. 3, c. 101, aud 4 & 5 Will. 4, c. 76. plead a separate defence for bimself if he
thinks such a course preferable ; in which
SEVERANCE - continued . SHARE -WARRANTS — continued .

latter case he is said to “ sever,” and the specified in them , and such shares or stock
subject generally is termed - severance in may be transferred by delivery of the
pleading." When, however, defendants share -warrant. The share -warrant must
have once united in the plea --that is, have be under the seal of the company, and it
pleaded a joint defence, they cannot after- bears a stamp duty equal to three times
wards sever at the rejoinder, or any other the ad valorem duty upon an ordinary
later stage of the pleadings. The word transfer of shares. The holder of a share
severance ” is also used to signify the cut- warrant cannot usually vote, excepting
ting of the crops, such as corn , grass, &c. upon compliance with certain regulations
( F. N. B. 78 ; Steph. Pl . 285, 4th ed.; 4 designed to exclude personation.
B. & C. 761 ). And in connection with See titles SHARES ; STOCKS.
fixtures, being trade or tenant's fixtures,
the tenant must have made a severance SHARES. The shares in public and in
thereof from the land or house before the joint-stock companies are (in effect) the
end of his term , if he means to remove capital of the company, and are almost
them ( Brown on Fixtures, 3rd ed .). invariably personal estate. Where they
SEWERS, COMMISSIONERS OF. The are not fully paid up, the liability for calls
upon them remains until the full amount
Commissioners of Sewers were a temporary
is paid up ; and when they are fully paid
tribunal erected by virtue of a commission up , that liability ceases, and they may be
under the great seal . Their jurisdiction
extended to overlooking the repairs of sea converted ( in the case of joint stock com
banks and sea -walls, and the cleansing of panies) under s. 12 of the Companies Act,
1862 ( 25 & 26 Vict. c. 89 ), into stock of the
rivers, public streams, ditches, and other company. Such a company may also con
conduits, whereby any waters are carried solidate its capital into shares of larger
off ; and it was confined to such county or amount than its existing shares (Com
particular district as the commission ex panies Act, 1862), or may divide its capital
pressly named. or any part thereof into shares of smaller
See title METROPOLITAN SEWERS. amount than the original amount thereof
SEXUAL RELATION . Being that of (Companies Act, 1867, s. 21 ). Under the
husband and wife, or of persons otherwise Companies Clauses Consolidation Act, 1815
cohabiting together as such , is a relation (8 & 9 Vict. c. 16), public companies have
ship recognised in law , -as regards the the like power of converting paid up shares
liability of the male upon contracts, and as into stock of the company ( s. 61 ). As
regards the probability of the female's regarıls the mode of transfer of shares and
testimony being more or less affected as stocks, and the rights incidental to the
regards its veracity ( Best on Evidence ). ownership thereof respectively, there ap
SHACK : See title PASTURE, COMMON OF. pears to be no material difference ; but
SHARE -CERTIFICATES. Upon an ap- shares ( unless fully paid up ) carry a con
plication for shares, stocks, or debentures, tinuing liability with them .
upon payment of the amount due on allot
ment, a provisional certificate is in general SHARES, TRANSFER OF : See title
SHARE -CERTIFICATES.
issued to the applicant-allottee, and this
certificate (which is called a scrip certifi SHELLEY'S CASE, RULE IN . Is a rule
cate , and bears a penny stump) is after of law which says —that when the ancestor
wards, upon completion of the payments, by any deed or will takes an estate of free
exchanged for a defiuitive certificate that hold to begin with , and lower down in the
the holder is the owner of the therein same deed or will the same lands are
specified shares, stocks, or debentures. A limited to his heirs or to the heirs of his
scrip certificate is a negotiable instrument body, the words “ heirs," or " heirs of the
( Rumball v. Metropolitan Bank, 2 Q. B. body," are words of limitation of the estate
Div. 191 ). A share certificate bears no of the ancestor, and not words vesting any
stamp ; it is transferred (or the share which estate by purchase in the heirs or in the
it represents is transferred ) by the pre heirs of the body. For the application of
scribed instrument of transfer, which (ex this rule, both limitations must be of the
cept in public companies) is not necessarily same quality, i.e., either both legal or both
a deed . equitable. A somewhat analogous rule
SHARE -WARRANTS. The Companies applies in the case of personal property
Act, 1867 (30 & 31 Vict. c. 131 ), ss. 27-33, limited to A. B. for life, and after his death
provides, in the case of a company limited to his executors, administrators, and assigns,
by shares, for the issue of share -warrants the rule giving to A. B. the whole and
absolute interest.
with respect to shares fully paid up, or
with respect to stock ; and these warrants SHERIFF. A sheriff is the principal
entitle the bearer to the shares or stock officer in every county , and has the trans
SHERIFF - continued . SHERIFF'S TOURN_continued .
acting of the public business of the county. turn of the sheriff to keep a Court Leet in
He is an officer of great antiquity, and was each respective hundred (4 Inst. 259 ;
also called the shire- reve, reve, or bailiff. 2 Hawk. P. C. 55).
He is called in Latin vicecomes, as being See title COURT LEET.
the deputy of the earl or comes , to whom SHEW CAUSE , RULE TO : See title
the custody of the shire was committed at RULE .
the first division of the kingdom into
counties. But the earls in process of time, SHIFTING CLAUSE : See title NAME
on account of their high employments and AND ARMS CLAUSE,
attendance on the king's person , not being SHIFTING USE. Where lands are given
able to transact the business of the county, to the use of A. until a certain event, and
were relieved of that burden, reserving to upon that event they are given to the use
themselves the honour, but the labour was of B., if A.'s estate is regarded as shifting
laid on the sheriff, who now , therefore, into B. upon the event happening, the use
does all the king's business in the county: is called a shifting use ; onthe other hand,
The office of sheriff lasts for one year, and if the use to B. is regarded as arising and
his duties, which are very numerous and determining A.'s estate, it is called a
important, are commonly performed by his springing use.
deputy , called an under-sheriff . The duties See title Uses.
principally consist in executing writs, pre SHIPMASTER . The person in command
cepts, warrants from justices of the peace
for the apprehension of offender-,&c. He
of a merchant vessel, appointed by the
also acted as judge in the County Court ship -owner, and whose acts in the manage
ment of the vessel render both himself
(or Sheriff's Court, as it was called ), where (usually) and also the shipowner liable to
actions were brought for the recovery of
sums under £20 ; and to tbe present day passengers and shippers of goods.
the City of London Court, which is a SHIP -MONEY. An ancient imposition ,
County Court, is the same as the old which , after bavivg lain dorniant for many
Sheriff's Court. But by recent statutes a years, was attempted to be revived by
new organizati n of County Courts has King Charles I., in 1635 and 1636, and his
been provided, which has little or no con attempt to revive which was adjudged
nection with the sheriff, a special officer legal in the great Case of Ship -money (3 St.
( called the County Court Judge) presiding Tr. 825 ). It consisted of a tax levied on
over each County Court. all the ports, towns, cities, boroughs, and
Under the stat. 28 Edw . 1 , st. 3, c . 8, counties of the realm for providing and
the election of the sheriffs of the county fitting out ships of war for the king's
belonged to the freeholders of the county service (Cowel; 17 Car. 1 , c. 14 ) . The
assembled in the County Court ; but by the tax was subsequently resolved in Parlia
subsequent statute, 9 Edw. 2, st. 2, the ment to be illegal, or, at all events, uncon
right of election was vested in ( perhaps stitutional.
restored to) the Crown , who made the SHIP -MONEY, CASE OF : See title SHIP
election through its chancellor, justices, MONEY,
&c. By the statute 14 Edw. 3, st. 1 , c. 7,
it was enacted that the sheritfs of every SHIPOWNER . The owner of a mer
county should be annually re-elected at the chant vessel, who usually appoints a master
Exchequer ; and the practice at the present to navigate it._Regarding his liability,
day is regulated by the last-mentioned See titles BOTTOMRY ; CARGO ; COLLI
Act, and by the stat. 3 & 4 Will . 4, c. 99, SIONS ; LIMITATION OF LIABILITY ;
88. 3-6 . PILOTAGE ; SEAWORTHINESS , &c.
See title PRICKING FOR SHERIFFS. SHIPPING . In the Merchant Shipping
SHERIFF'S COURT. The Court held Act, 1854 (17 & 18 Vict. c. 104 ), numerous
before the sheriff's deputy - that is, the provisions are contained regarding the en
under- sheriff, and wherein writs of inquiry tire subject of merchant shipping, includ
as to damages are proceeded with . & c. The ing their registration, building , tonnage,
Sheriff's Court for the county of Middlesex ownership, and national character ; also,
is that in which damages are assessed upon regarding the seamen on board of them
interlocutory judgments given in trials at and their masters and commanders ; also ,
Westminster. regarding ship -brokers and ship -agents,
See title ENQUIRY, WRIT OF. pilots, &c.; also, regarding the sale or
transfer and mortgage ofmerchant vessels,
SHERIFF'S TOURN . This tourn , or and regarding freight, charterparties, de
rotation, was a Court of record, held twice murrage, salvage, towage, collisions, &o.
every year before the sheriff in different ( See generally Kay on Ši.ipmasters ; also ,
parts of the county, being indeed only the the various titles above specified ).
SHIPS, ENGLISH AND FOREIGN. No SHOOTING - continued .

ship is a British ship unless she belongs punishable like murder ( 16 & 17 Vict. c.
wholly to natural born ( or naturalised) 107 , s. 249).
British subjects ( Merchant Shipping Act,
1854 , 17 & 18 Vict. c. 104 ); but corpora SHOOTINGS. The right of shooting on
tions established under and subject to the or over lands, commonly called the shoot
laws of the United Kingdom and having ings, is a hereditamentwhich may be ex
their principal place of business therein, cepted ( e.g., to the lord of the manor upon
may be owners. All other vessels are an inclosure of commons) (Musgrave v .
deemed foreign . Forster, L. R. 6 Q. B. 590) ; and may be
demised apart from the land or from the
SHIPS, OWNERSHIP OF. In English copse or timber thereon (Gearns v. Baker,
ships, this ownership is divided into sixty L. R. 10 Ch. App 355 ).
four shares ; and not more than thirty -two See title GAME.
individuals may be the legal registered
owners of any one ship ; but any number SHORT CAUSE . Is a cause which is not
of individuals, not exceeding five, may be likely to occupy a great portion of te
registered as one joint-owner ; no trusts are time of the Court, and which may be
entered on the register (25 & 26 Vict. c. 63, entered in the list of “ short causes," set
s. 3). apart for the purpose, upon the application
SHIPS, SALE AND MORTGAGE OF. A of one of the parties and a certificate of his
registered ship or share therein is trans. counsel that the cause is a proper one to be
heard as a “ short cause. Such causes
ferred by bill of sale duly registered, the
transferee being qualified to become owner are very common in the Chancery Divi .
of a British ship. A registered ship may be sion . If both or all parties consent to the
mortgaged in the form ( or in a form like to speedy decision of the suit, the cause is
lieard as a “ consent cause ;" but if one
the form ) in that behalf prescribed by the refuses to consent, and throws obstacles in
Merchant Shipping Act, 185+ ( 17 & 18
Vict. c. 104 ), s. 66 ; and every mortgage is the way of its speedy decision, it may
to be registered, and the registration im nevertheless, if from its nature it is a
ports a power of absolute sale ; when the proper case to be heard as a short cause ,
mortgage is paid off, a memorandum of be so heard by its entry as a “ short cituse"
satisfaction is entered in the register, and ( 11 Sim . 51 ; 2 Keen , 671 ; 1 Keen, 464 ;
2 M. & C. 452 ; 1 Dan. Ch . Pr. 800 ).
upon such entry the legal ownership re
vests in the mortgagor. SHORT-HAND WRITER'S NOTES. These
SHIPS OF WAR : See title Extra notes of the evidence taken viva voce at the
TERRITORIALITY . trial of an action, are usually looked at by
the Court of Appeal upon the judgment or
SHIRE -MOTE . The assize of the shire, verdict coming before that Court upon
or the assembly of the people, was so called apptal or upon motion for a new trial ; and
by the Saxons. It was nearly, if not ex. for facility of reference, these notes are
actly, the same as the Scyr -gemote, and in usually printed from day to day. The cost
most respects corresponded with what were of taking and of printing them may be
afterwards called the County Courts. allowed by the Court, but a special order
See title FOLK -MOTE.
for that purpose is required (4 Ch . Div. 24 ;
SHIRLEY v. FAGG : See title HOUSE OF 9 Ch. Div. 483 ; 10 Ch. Div. 307).
LORDS, JURISDICTION OF. SI FECERIT TE SECURUM . Was an
SHIRLEY'S CASE. A case in 1603, in original writ ( so called from the words of
which freedom from arrest as one of the the writ), which directed the sheriff to
privileges of parliament was asserted, with cause the defendant to appear in Court
comparative success. The next year saw without any option given him , “ provided
the legislative recognition of that pri the plaintiff gave the sheriff security " effec
vilege. tually to prosecute his claim.
See titles ARREST, FREEDOM FROM ; SIC UTERE TUO UT ALIENUM NE
PRIVILEGE OF PARLIAMENT .
LÆDAS. Means literally, so use your
SHOOTING . Is a criminal offence. Shoot own property, as not to injure another per
ing with intent to murder is a felony son's property ; or more accurately, use
punishable like murder itself ( 24 & 25 and enjoy your own, provided that, or so
Vict. o. 100, s. 14 ). Shooting with intent long as that,or so far as you do not injuro
to maim, disfigure, & c ., is also a felony another's property. This maxim is the
punishable like murder (24 & 25 Vict. only limitation upon the enjoyment of a
c. 100, s. 18). Shooting at revenue-vessels tenant in fee simple; but the limitation
or at revenue-officers, &c. , is a felony and (e.g. , in the case of mines), occasionally
SIC UTERE TUO UT ALIENUM NE SILENCE : See title Qui Tacet, & c.
LÆDAS — continued .
amounts to an entire denial of the right of SILK GOWN. Is the professional robe
enjoyment. worn by those barristers who have been
See title MINES AND MINERALS . appointed of the number of Her Majesty's
SIDE - BAR RULE : See title RULE. coun
Queesel,
n's coun
and sel, distinct
as the
is the stuffivegow
badg
n is of
e of
SIDESMEN . Were called also synods- the " juniors ' who have not attuined that
men, and were originally persons whom , in dignity. Accordingly, when a barrister is
the ancient episcopal synods, the bishops raised to the degree of Queen's counsel, he
summoned out of each parish to give is said to have got a silk gown .” The
information of the disorders of the clergy right to confer this dignity resides with
.
and people. These in the process of time the Lord Chancellor, who disposes of this
became standing officers, under the title of branch of his patronage according to the
sidesmen , synodsmen , or questmen . The talents, the practice, the seniority, and the
whole of their duties seem now to have de- general merits of the applicant.
volved by custom upon the church wardens See title STUFF Gown.
of a parish (Cripps' Laws of the Church
and Clergy , 180 ). SIMILITER. That set form of words
See title CHURCHWARDENS . used by the plaintiff or defendant in an
SIGNATURE. Is the usual mode (or acti
of by whic
on issu
the e tend eredsigni
h he by fied his acce
his oppo nentptan ce
, was
part of the usual mode ) of signifying a so called. When simply added to the ad
party's being bound by a written instrument.
See title SEALS . versary's pleading, containing the tender
SIGNIFICAVIT . Was that clause in issuthe
"ofAnd wastiff
e, it plain in [or follndan
the defe owint,g as
form
the:
certain writs which stated that a certain case might be] doth the like." When in
judgeor other competent person had “ sig- stead of being simply added to the pleading
nified ” to the king that he against whom as above explained, it was delivered to the
the writ was issued was “ manifestly con- opposite party as a separate instrument, it
tumacious ," that is, was in flagrant disobedi- then ran in the following form : “ And the
ence to an order of the Court; wherefore the plaintiff, as to the plea of the defendant
writs containing this clause were sometimes by him above plı aded , and where of he
termed " significavits ” (Rex v. Ricketts, 6 hath put himself upon the country, doth
Ad . & E. 567 ).
which latter case it was called
like;" insimil
the spec
See title ExcoMMUNICATO CAPIENDO , a “ ial iter.” The use of the
WRIT OF.
SIGNING JUDGMENT. Is the act of simi
fact lite r was
whic h were applble
onlytria icabbyle the
to issu of
counestry
entering judgment in an action ; or speak- (i.e., a jury ). The resort to a jury in
ing more accurately, it is this ,—when ancient times could in general be had
either party to the action is entitled by only by the mutual consent of each party ;
the rules of practice to sign judgment and it appears to have been with the object
( e.g., for default of appearance or of plead- of expressing such consent, that the simi
ing in certain cases), le obtains the signa- liter was in those times added in drawing
ture of the proper officer of the Court, up the record ; and from the record it
expressing or acknowledging generally afterwards found its way into the written
that judgment is given in his favour, and pleadings. Accordingly, no similiter or
this is called signing judgment, and stands other acceptance of issue was ever neces
in the place of the actual delivery thereof sary, when recourse was had to any of the
by the judges themselves ; and sometimes other modes of trial ( Steph. Pl. 265, 266,
the officer only grants his permission to 4th ed .). By the C. L. P. Act, 1852, s. 79,
sign ; for it has been stated that the the similiter ceased to be necessary .
signing of the judgment is but the leave SIMONY. The corrupt presentation of
of the master of the office for the solicitor
to enter the judgment for his client any oneto to
is said be an eccles
called iastical
“ Simon y " benefi
from ce. It
the re
(style's Prac. Reg. title “ Judgment ; " senublance it bears to the sin of Simon
Steph. Pl. 122, 5th ed.).
SIGN MANUAL . The signature or sub- Mag
to a us Inst
corr(3upt . 156
pres ). tion
enta to what
Aswith amou
in the nts
inte nt
scription of the sovereign is termed his of the Law , it must be made for money or for
sign manual. There is this difference money's worth, directly or indirectly agreed
between what the sovereign does under to be paid (Fox v. Bishop of Chester, Tud .
the sign manual and what he or she does L. C. Conv. 190 ; and stats . 12 Anne,
under the great seal, viz., that the former st. 2, c, 12, and 3 & 4 Vict. c. 113 ) ; also ,
is done as a personalact of the sovereign, generally, the living must be full at the
the latter as an act of state .
timepres the tion in orde
sale, may thatfrom
thecorr
See titles GREAT SEAL ; Privy SEAL. the of euta be rfree saleup.
of
493
SIMONY - continued .
SINGLE DEMISE IN EJECTMENT
tion ; and bonds of resignation are sub continued.
jected to restraint by the stat . 9 Geo . 4, tained either one or several demises ; when
c. 94, which requires them to be made only it contained only one , it was said to be a
in favour of some one specified individual declaration with a single demise.
(being or not a stranger in blood to the See titles EJECTMENT ; SEPARATE DE
patron), or either of two specified indi
viduals ( being each of them by blood or MISE IN EJECIMENT; SEVERAL DE
marriage an uncle, son , grandson, brother, MISES .
nephew, or gran,Inephew, of the patron or SITTINGS. The High Court of Justice
of one of the patrons beneficially entitled and the Court of Appeal sit for the ad
to the living, or of his wife ). ministration of justice during four periods
See titles Next PRESENTATION ; RE in every year, that is to say, during the
SIGNATION BOND . Michaelmas Sittings (2nd of November to
21s t ofof Dec
SIMPLE CONTRACT. The word “ simple, ” | (11th Janemb
uarer), WedHil
y tothe day Sitt
nesary ings
befo re
as applied to contracts, is used in contra- Easter ), Easter Sittings ( Tuesday after
distinction to contracts under seal. The Easter week to Friday before Whitsunday ),
former species of contract are called simple, and Trinity Sittings ( Tuesday after Whit
because they subsist by reason simply of
sun week to 8th of August ). And the
the agreement of the parties; and the division of the legal year into Terms has
latter species are called special, being in abo Jud
lished ( icature Act , 1873, s. 26 ;
writing and sealed with the seal of the party been
Order LXI ., 1 ).
in testimony of his solemn and special See titles BANC, SITTING IN ; Nisi
assent to the subject-matter of the contract. PRIUS ; TERMS.
See title CONTRACT.
SITTINGS AT NISI PRIUS : See title
SIMPLE HOMAGE : See title HOMAGE. NISI PRIUS .
SIMPLE LARCENY : See title LARCENY. SITTINGS IN BANC : See title BANC,
SIMPLICITER . Simply, directly, im. SITTINGS IN.
mediately, absolutely, or without any cir SIX ACTS, THE . The Acts passed in
cumstances of qualification. 1819, for the pacification of the country,
SINECURE. When the rector ofa parish are so called . They in effect prohibited
the training of persons to arms ; authorized
neither resided nor performed duty at his general searches and seizure of arms; pro
benefice, but had a vicar under him endowed hibited meetings of more than fifty persons
and charged with the cure thereof, this was for the discussion of public grievances ;
termed a “ sinecure." And when a church repressed with heavy penalties and con
had fallen down, aud the parish became fiscation seditious and blasphemous libels ;
destitute of parishioners, it was said to have and checked pamphleteering by extending
become a sinecure (Wood's Inst. 153). But the newspaper stamp duty to political
as regards sinecure rectories, it is now pro pamphlets.
vided by the stat. 3 & 4 Vict. c. 113,
that all such as have a vicar endowed or SIX e Pre
titlRKS
SeeCLE OffiLIB
. ss, cersERT
bel OF .ing to the
Y ong
a perpetual curate shall upon the next old Court of Chancery, whose duties con
vacancy be suppressed , and the tithes, &c., sisted in receiving and filing all bills,
annexed to the vicarage which shall there- answers, replications, and other records
upon become a rectory with cure of souls. in all causes on the Equity side of the
The Ecclesiastical Commissioners may or Court of Chancery. They signed all copies
not intervene for the purchase of the patron- of pleadings made by the sworn clerks and
age , as a step ( when such step is necessary ) waiting clerks, after seeing that the ori
to the suppression of the sinecure.
ginalswere regularly filed. They examined
SINE DIE . When judgmentwas given and prepedared
sionssign docqfor inro
uets oflmen
decrt,eesand
andsaw that
dism is
for the defendant in an action, the phrase the records and orders were duly filed and
" eat inde sine die ” (let him go thereof
without day ) meant that he was discharged enterds
reco red, in& c.theiThe
r offic
y e, theh rema
hadwhic careined
of all
in
or dismissed out of Court.
See title Eat INDE SINE DIE . their studies for six terms, for the sworn
SINGLE BOND . A bond is called single clerks and waiting clerks to resort to with
when there is no condition added to it.
out fee, &c. (Smith, Ch . Pr . 25). They
were abolished by the stat. 5 & 6 Vict .
See title BOND . c. 103 ; and the clerks of records and writs
SINGLE DEMISE IN EJECTMENT. A to perf
nowbeperf orme
orm near
d ly thesuch
byall cleres
six duti ks,asswor
usedn
declaration in ejectment might have con- clerks, or waiting clerks as officers of the
SIX CLERK8 - continued . SLAUGHTER - HOUSES- continued .
Chancery Division in relation to the filing, out the sanction of the Local Authority .
copying, and amending of all writs and Outside of the metropolis the regulation of
records ; and in relation to the entrance of slaughter- houses seems to be within the
appearances, consents, & c.; the certifying general provisions of the Sanitary Acts or
of appearances, the custody of exhibits, Public Health Acts ; but there is also
the inrolment of decrees, and other such the stat. 12 & 13 Vict . c. 92, which
like proceedings. And the taxing-masters aims at preventing unnecessary cruelty
of the Chancery Division now perform the towards cattle to be slaughtered or being
remainder of such duties. slaughtered.
See titles RECORDS AND Writs CLERKS ;
TAXING -MASTERS. See titles Health, PUBLIC ; SANITARY
Laws.
SIX CONVEYANCING COUNSEL : See SLAVERY : See title SOMERSETT'S CASE .
title CONVEYANCING COUNSEL.
SKINNER v. EAST INDIA COMPANY : SLAVE - TRADE . Is a piracy as between
See title HOUSE OF LORDS, JURISDICTION OF. such nations (and their subjects) as by
their laws prohibit it; but it is not piracy
SLANDER . The malicious defamation in the case of the subjects of a nation whose
of a man with respect to his character, or laws do not prohibit it ( The Amedie,
} iis trade, profession , or occupation, by word 1 Acton , 240 ; The Louis, 2 Dods. 210).
of mouth ; the same as a libel is by writing The English Law ( by stat. 5 Geo. 4, c. 113)
or other significant characters (3 Chitty's made the slave -trade piracy in 1825.
BI. 123, and Starkie on Libel and Slander ).
Unless where the words ( 1 ) are spoken of SLEEPING RENT. An expression fre
a person in respect of his trade, profession, quently used in coal mine lenses and agree
ments for same . It signifies a fixed or
or occupation, or (2) impute to him the
commission of an indictable offence, or dead, i.e., certain , rent as distinguished
( 3 ) charge him with having a contagious from a rent or royalty varying with the
disease ( eg ., itch ) likely to exclude Lim amount of coals gotten ( Jones v. Shears,
from society, it is necessary to prove special 6 M. & W. 429 ), and is payable although
damage, and also to allege the same in the the mine should not be worked at all, but
statement of claim . Thus, it is not action should be sleeping or dead ; whence the
able per se to impute unchastity to a vir rent is called a sleeping or dead or certain
rent.
tuous married woman , but special damage See titles Dead RENT ; ROYALTIES.
must be shewn ; and yet to say of a whore,
within the City of London, that she is a SLIP. Is that part of a police-court
whore, is per se actionable ; only in that which is divided off from the other parts of
case, semble, is certainly in all other cases, the court for the prisoner, or party charger
the truth of the slander would be aa defence with any offence, to stand in . It is also
to the action ( Addison on Torts, 3rd ed ., called the dock.
by Wolferstan , 808).
See titles LIBEL ; PRIVILEGED Com . SMALL DEBTS COURTS . Are such
MUNICATION . Courts as the various County Courts, and
SLANDER OF TITLE . This is a state ( for the City of London ) the Sherift's
Court.
ment of something tending to cut down the See titles CHY OF LONDON ; COUNTY
extent of title to some estate visted in the COURTS.
plaintiff. Such statement , in order to be
actionable, must be false and malicious . i.e., SMUGGLING . Importing goods which
both untrue and done on purpose to injure are liable to duty and evading payment of
the plaintiff ( Paler v. Baker, 3 C. B. 831 , the duty, or trying to . Such goods may
868, 869, per Maule, J.; Steward v . Young, be seized, and the vessel. forfeited : and
L. R. 5 C. P. 122, per Byles, J .; and Brook every person on board such vessel is
v. Rawl, 4 Exch . 521). Further, damage, liable to a penalty of £ 100. The price of
semble, must also have resulted from the smuggled goods cannot be recovered in an
statement according to the general rule in action ( Thomson v. Thomson , 7 Ves. 493).
cases of Slander . See titles CustomS ; EXCISE .
SLAUGHTER - HOUSES. These, so far as SOC. Power or liberty of jurisdiction,
regards the metropolis, are now principally whence the word soca, signifying a seigniory
regulated by the stat. 25 & 26 Vict. c. 102 enfranchised by the king with liberty of
( ss. 93, 94), and 37 & 38 Vict. c. 67, the holding a court of sockmen or socagers,
latter statute also preventing the establish ¿.e., tenants, whose tenure is said by some
ment of new slaughter -houses within the to have been thence called socage ( Bract.
area of the metropolis (as defined by the lib. 3, tract 2 ; Cowel).
Metropolis Management Act, 1855), with See title SERVITIUM REGALE.
495
SOCAGE . Socage tenure is the holding SOCIÉTÉ - continued.
of lands in consideration of certain services
of busbandry to be performed by thetenant only thei
being,ofther r e,shar
efor e erinlike
rath capi
thepeop , and
letal
lend ing
to the lord of the fee. Socage in its most money to the firm , upon an ugreement to
general and extensive signification denotes receive a share of the profits as and for
a tenure by any certain and determinate interest on the capital lent.
service ; and in this sense it is constantly See title Bovill's Act .
put in opposition to tenure by chivalry or Generally , the modes and consequences
knight service, where the render was pre- of a dissolution of a société are the same as
carious and uncertain . Socage is of two for that of a partnership in English Law .
sorts - free socage, where the services are See titles PARTNERSHIP ; Socieras.
not only certain but honourable ; and villein
socage, where the services, though certain , SODOMY. The crime of having un
are of a baser nature. Such as hold by the natural intercourse with a male human
former tenure are also called in Glanvil and being, or, semble, a female person ; or with
other authors by the names of liberi soke a brute animal. In his 3rd Institute ,
manni, or tenants in free socage ( Cowel ; Lord Coke describes this offence as high
Bract. lib. 2, c. 35). By the stat. 12 Car. 2, treason ( crime de majestie ) against the
c. 24, all the tenures by knight service King of Heaven (vers le Roy Celeste ).
were, with one or two immaterial exceptions, See title BUGGERY.
converted into free and common socage .
See title FEUDAL SYSTEM . SOIL. Soil in law denotes the land ,
SOCAGERS.
together with whatever is in it, under it,
These, who were called or upon or above it. In a narrower sense ,
also Socmans, Sokemans, or Socmen, were the soil is the land without the minerals .
tenants who held their lands by socage And again, the soil is sometimes distin
tenure. The ceorles, or husbandmen, among guished from the herbage or vesture of
our Saxon ancestors were of two sorts , one the land . Soil is the solum referred to in
that hirel at a rent the lord's out - land or the maxim cujus est solum , ejus est usque
tenementary land like farmers, and the ad cælum et deinde usque ad centrum .
other that tilled or manured his in-land or See title SUPERFICIES .
demesnes ( yielding work, not rent), and SOLATIUM : See title SEDUCTION .
were, therefore, calledsoc -men or plough- SOLE CORPORATION : See title CORPO
men. But after the Conquest, the proper
sockmanni, or sokemanni, were those tenants RATION , SOLE.
who held by no servile tenure , but coin SOLE TENANT. He who holds lands
monly paid their rent as a soke, or sign of in his own right without any other being
freedom , to the lord , though they were
sometimes obliged to perform customary join ed ( Kitchin,
SOLEMN AFF134
IRM CoweON
; ATI l). : See title
duties for the service and honour of their DECLARATIONS, STATUTORY.
lord (Cowel ; Les Termes de la Ley ).
See title SOCAGE, SOLICITOR . The words “ solicitor " and
SOCIETAS. In Roman Law is the part- " atto
nate , alth
lyrney ” are comthey
ough monlyused indito
used not scribe
mi
nership of English Law , and admitted of precisely the same, an attorney being a
as many (and even more ) varieties of internal
arrangement. One species, called the aprac titiitor
solic onera inprac Cour
thetiti in Com
ts of
oner the mon Lawof,
Courts
Leonina Societas, alone was illegal. Each Equity. Most attorneys, however, used to
pirtner was required to shew only reason- take out a certificate to practise in the
able diligence, and was therefore not liable Courts of Chancery , and therefore became
to his co -partners excepting for crassa solicitors also ; and , on the other hand ,
negligentia .
SOCIÉTÉ. In French Law is the so most , if not all, solicitors used to take out
cietas of Roman Law and the partnership a certificate to practise in the Courts of
Common Law , and therefore became attor
of English Law. Every société is either neys also ; and hence it was that the two
( 1.) Universelle, being either words were commonly used as synonymous.
(a.) Of all present property ; or, And now , under the Judicature Act, 1873,
(6.) Of all future gains ; or, the common appellation or description of
( 2.) Particulière, being a particular con “ Solicitor to the Supreme Court" applies
tract for one definite enterprise . both to solicitors and to attorneys.
A société en commandite appears to be SOLICITOR AND CLIENT.
one in which some of the partners are the lation is fiduciary on the part Thofis three
sole acting partners , and others are dormant solicitor, who cannot, therefore ( pending
partners, the former being liable to an the relation ), accept any gift whatsoever
unlimited extent like partners generally, from his client, and cannot usually pur
and the latter being liable to the extent chase from him ( Tomson v. Judge, 3 Drew .
SOLICITOR AND CLIENT - continued .
SOLICITOR'S LIEN - continued .
306) ; but the solicitor is of course entitled but see Pringle v . Gloag, 10 Ch. Div.
to charge fairly for his professional services, 676 ).
and may ( subject to taxation ) enter into See title Lien .
an agreement to receive a lump sum for SOLUM ITALICUM : See title SOLUM
his future costs (33 & 34 Vict. c. 28 ), and PROVINCIALE .
may also agree his past costs subject or
not to taxation. The Common Law gives SOLUM PROVINCIALE. In Ruman Law,
him a lien on the papers of his client being the solum italicum (an extension of the
in his possession :; and upon delivering a old Ager Romanus) admitted full owner
signed bill ( i.e., statement) of bis costs , he ship , and of the application to it of u * u .
is entitled after one month , failing sooner capio ; whereas the solum provinciale (an
payment thereof, to commence an action extension of the old Ager Publicus ) ad
for the recovery thereof. The statute Law mitted of a possessory tiile only, and of
(23 & 24 Vict. c . 127, s. 28 ) also gives him longi temporis possessio only . Justinian
à lien for his costs of action upon any abolished all distinctions between the two ,
property recovered or preserved in such sinking the italicum to the level of the
action by his instrumentality. provinciale.
SOLICITOR - GENERAL. Is a legal SOLUS DEUS HEREDEM . In Engiish
officer of the Government, and takes rank Law, it is a common maxim that only God
next after the Attorney-General, and dur can make the heir-at-law of a deceased
ing the illness or absence of the latter person, and that man can make the devisee
supplies his place in all ex officio - legal only. The maxim means, that circum
matters . stances not entirely within the control of a
See title ATTORNEY -GENERAL . person concur in constituting his heir-at
SOLICITORS, ACTS CONCERNING . The law at the date of his death,
principal statutes concerning solicitors are SOLVIT AD DIEM , PLEA OF. A plea
the following : pleaded by a defenılant in an action of
6 & 7 Vict. c . 73 ( the General Act), debt, or bond, &c. , to the effect that the
relating to the entry into, and conduct money was paid at the day limited or
and riglits and liabilities in, the pro appointed .
fession ; See title TIME OF THE ESSENCE OF
CONTRACTS.
23 & 24 Vict. c. 127 (Solicitors Act,
1860) ; SOMERSETT'S CASE. Was a celebrated
33 & 31 Vict .c. 28 ( Solicitors Act, 1870) ; case decided in 1771-72 , by the Court of
and King's Bench, and affirming the extinction
38 & 39 Vict. c . 79 ( Solicitors Act , 1875 ). of villenage slavery in England , and that
All these last- mentioned Acts containing no nuw slavery had been, or could be,
special provisions as to costs . introduced into England ; and that a slave
See titles Costs ; SOLICITORS ACT , 1843 ; touching English soil cannot afterwards
SOLICITOR'S LIEN . be sent out of the country against his will,
SOLICITOR'S BILL OF COSTS : See title or otherwise than ( like freeborn persons )
Costs, SOLICITORS Act , 1843. by due course of law.
SOLICITOR'S COSTS ACT : See title See titles Habeas CORPUS ; VILLEN
AGE .
Costs, SOLICITORS Act, 1843.
SOLICITOR'S LIEN. Is either at Com
SON ASSAULT DEMESNE, PLEA OF .
A plea which occurs in the actions of
mon Law upon the papers and documents trespass and trespass on the case , by wbich
of the client which are in the possession of the defendant alleges that it was the plain
the solicitor, and in that case is a passive tiff's own original assault that ocasioned
lien only ; or is by stat. (23 & 21 Vict . the trespass for which he has brought
c. 127 ) upon a fund or other property re the action, and that what the defendant
covered through his instrumentality in an did was merely in his own defence ( Steph.
action , and in that case is an active lien ; Pl . 186 , 187 ).
but the last-mentioned lien arises only See title SE DEFENDENDO, PLEA OF.
upon the Court declaring same, which SOUGH . A drain or watercourse. The
declaration is to be applied for by petition. channels or watercourses used for the pur
The lien of the solicitor in either case is
commensurate with the client's interests ; pose of draining mines are so termed ; and
and just as the solicitor's lien will not those mines which are near to and lie
within the same level, and are benefited
prejudice any prior existing equity, so it
will not be prejudiced by any equity arising by any given sough , are technically said
subsequently to the inchoation of the lien to lie within the title of that sough ( Ark
( Ex parte Cleland, L. R. 2 Ch. App . 808 ; wright v. Gell, 5 M. & W. 228, per Abinger,
L.C.B ).
SOUND IN DAMAGES. An action is SPECIAL ACCEPTANCE OF A BILL497 OF
technically said to sound in damages when EXCHANGE - continued .
it is brought, not for the specific recovery without the addition of the words " and
of lands or goods but for the recovery of not elsewhere ."
damages only , as in actions of covenant, See titles ACCEPTANCE OF BILL ; BILL
trespass, &c. ( Steph. Pl. 116).
SOVEREIGN STATES. Are states whose SPECIA EXCALL
OF L HANGE.
OWANCES Under the
subjects are in the habit of obedience to order of August, 1875, such allowances are
them and which are not themselves subject permitted for expert evidence &c. (2 C. P.
to any other (or paramount) state in any Div . 273 ; 3 C. P. Div . 264 ).
respect. The state is said to be semi- See titles Costs; HIGHER AND LOWER
sovereign only , and not sovereign, when in
any respect or respects it is liable to be SCALE, Costs,
controlled ( like certain of the states in
India ) by a paramount government ( e.g ., by SPECIAL BAIL : See title BAIL.
the British Empire ). SPECIAL CASE . When on a trial a
SPEAKER OF THE COMMONS. The dify,
ma ficult in dpoi
insytea g a ari
dinlaw
ofntfinof speses
cia, lthe jurt,y
verdic
term “ Speaker,” as used in reference to find a general verdict for the plaintiff,
either of the Houses of Parliament, signifies subject to the opinion of the Court on what
the functionary acting as chairman. In the is termed a special case, that is, a statement
Commons, his duties are to put questions,
to preserve order , and to see that the opi
of all n offac
niothe theincas
of rt
thetsCou draby
baenc wiithe
upcou thel
fornse
privileges of the House are not infringed ;
and in the event of the numbers being and attorneys on either side, formerly
even on a division, he has the privilege of und cor
Theerpar tyrec
fortiowh thejud
om the
n of gengeeraatl nis prit us.
veridic is
giving the casting vote. He is elected by so given is in such a case not entitled to
the Commons themselves, but their election judgment till the Court in banc has decided
is subject to the approval of the sovereign. on the special case ; and according to the
As regards any attempted invasions by the result of that decision the verdict is ulti
Crown, the Speaker is only the “ mouth- mat ely entered either for him or for his
piece " and servant of the House ; but as adversary. It was also provided by 3 & 4
regards the members inter se and the con
duct of business, he is the governor and Will. 4, c. 42, s. 25, that where the parties
controller of the House. in an action or issue joined could agree on
a statement of facts, they might , by order
SPEAKER OF THE LORDS . The form a spec
ofge,
of a jud draial
w upcassuc
e hforstathe
tementjudgme nt
in the
Speaker of the Lords is the Lord Chan- of the Court without proceeding to trial
cellor or the Lord Keeper of the Great (Steph. Pl.102 ; 1 Arch . Pract. 452 ). And
Seal of England, or if he be absent the now after writ issued, the parties ( if so
Lords may choose their own Speaker. “ It disposed ) may concur in stating any special
is singular, ” says Mr. May in his Treatise case, raising all or any questions of law in
on the Privileges, &c., of Parliament, “ that volved in the action (Ord . xxxiv . 1 ) ; also ,
the president of this deliberative body is at any time before or at the trial, if it appear
not necessarily a member. It has fre- to the Court that there is a preliminary
quently happened that the Lord Keeper question of law to be decided, and that the
has officiated for years as Speaker without proof of facts is a matter subordinate
having been raised to the peerage; and on thereto, the Court may order the question
the 22nd of November, 1830, Mr. Brougham of law be decided on a special case or
sat on the woolsack as Speaker, being at other form sufficiently raising it, and in the
that time Lord Chancellor, although his meantime the proof of facts is stayed
patent of creation as a peer had not yet (Ord. xxxiv . 2 ). Every special case is to
been made out.” The dutiesof the Speaker be printed by the plaintiff, signed by all
of the Lords are principally confined to the parties (ortheir solicitors ), and filed by
putting questions, and the Lord Chan- the plaintiff (Ord. xxxiv . 3 ) ; either party
cellor has no more to do with preserving may enter it ( i.e., set it down) for argument,
order than any other peer.
SPECIAL ACCEPTANCE OF A BILL OF first obtaining, where married women, in
EXCHANGE . Where the acceptor makes fants, or lunatics are concerned , an order
giving lea ve it dowent
set sta
ofntothe n. Thetai ord er inis
the bill payable at a particular place, “ and trued
the ain
obt thupo davit sor con
an affitem ned
affidavi ts of
not elsewhere," it is so termed . This is also
sometimes termed a restrictive special ac
ceptance as distinguished from one payable
theSPspecial cas e (Ord . xxxiv . 4, 5).
ECIAL CONTRACT : See titles SIMPLE
generally or at à particular place only, CONTRACT ; SPECIALTY CONTRACT.
2 K
SPECIAL DAMAGE. The damages SPECIAL ISSUES. The issues produced
which a plaintiff seeks to ricover are upon special pleas, as being usually more
either general or special. General da- specific and particular than those of not
mages are such as the law implies or pre- guilty, nerer indebted , & c., were sometimes
sumes to have resulted from the wrong described as special issues by way of dis
complained of. Special damages are such as tinction from the others, which were called
really and in fact resulted, but are not im- general issues, the latter term being also
plied by law , and are either superadded to applied not only to the issues themselves,
general damages arising from an act inju- but to the pleas which tendered and pro
rious in itself, as, where some particular duced them (Steph . Pl . 109, 5th ed.; Co.
loss arises from the uttering of slanderous Litt . 126 a ; Heath's Maxims, 53 ; Com .
words actionable in themselves ; or are Dig. " Pleader,'' ( R. 2).
such as arise from an act indifferent and See titles GENERAL ISSUE, &c . , PLEA
not actionable in itself, but injurious only OF ; ISSUE ; Issu Es, PREPARATION OF.
in its consequences, as where words becomo
actionable only byhaving
reasonresulted special
of somefrom SPECIAL JURY is a jury composed of
or actual damage the individuals above the rank of ordinary
uttering of them . Whenever the damages freeholders, and is usually summoned to
sustained by a party have not necessarily try questions of greater importance than
resulted from the act complained of, and those usually submitted to common juries.
consequently are not implied by law, the See title Jury.
plaintiff must, in order to prevent surprise SPECIAL OCCUPANT : See title ESTATE
on the defendant which otherwise might PUR AUTRE VIE.
ensue on the trial, state with particularity
in his declaration the actual or special SPECIAL PAPER . A Court paper con
damage which he has sustained , and such taining a list of special cases and de
special damage is in fact in these cases murrers set down therein for argument.
portion of the very ground of action ( 8 T.R.
133 ; 1 Ch . Pl. 395, 396, 61h ed .) SPECIAL PLEADER : See title SPECIAL
See title DAMAGES. PLEAVING .
SPECIAL DEMURRER . This has been SPECIAL PLÉADING . When the alle
abolished by the C. L. P. Act, 1852. gations (or pleadings, as they are called )
See title DEMURRER. of the contending parties in an action are
not of the general or ordinary form , but
SPECIAL EXAMINER : See title Exa
MINER.
are of a more complex or special character,
they are denominated special pleadings;
SPECIAL INDORSEMENT OF BILL. and when a defendant pleads a plea of this
When a bill of exchange is indorsed with description ( i.e., a special plea) he is said
the name of the indorsee as well as of the to plead specially, in opposition to pleading
indorser, e.g., thus, “ Pay C. D. or order, the general issue. These terms have given
A. B.,” that indorsement is called a special rise to the popular denomination of that
indorsement ; and O. D. can transfer the science which, though properly called
bill only by delivery with a fresh furtber pleading, is generally known by the name
indorsement either in blank or special. of special pleading. Hence, also, the de
SPECIAL INDORSEMENT OF WRIT. noinination of " special pleader ” as applied
to those learned persons who are employed
The writ of summons in an action may iu drawing and framing special pleadings.
under Order 11. 6, be indorsed with the
particulars of the amount sought to be These, it may be as well to observe, are
recovered in the action, after giving credit mostly gentlemen wbo have studied for
for any payment or set-off ; and this special more than three years at one of the Inps of
Court, and who may or may not intend, at
indorsement (as it is called ) of the writ is some future period, to engage in the more
applicablein all actions where the plaintiff complicated and important avocations of
seeks merely to recover a debt or liquidated a barrister (Steph. Pl. 31 , 186). Under the
demand in money payable by the defend present system of pleading (as introduced
ant, with or without interest,arising upon by the Judicature Acts , 1873-5), the
a contract, express or implied, as, for in business of special pleaders as such has
stance, on a bill of exchange, promissory almost ceased ; but they often attend in
note, cheque, or other simple contract debt,
Chambers (although not in Court), and are
or on a bond or contract under seal for pay largely employed in giving opinious, for
ment of a liquidated amount of money, or which their great special knowledge pecu
on a statute where the sum sought to be liarly fits them .
recovered is a fixed sum of money or in the
nature of a debt, or on a guaranty, whether SPECIAL REFEREE ; See title Re
under seal or not. FEREES.
SPECIAL RESOLUTION : See title Reso- SPECIAL SESSIONS -- continued.

LUTIONS, VARIETIES OF. Will. 4, c. 96, for appealing against paro
SPECIAL RULES. The grounds upon chial rates ; by 6 & 7 Vict. c. 68, for licens
which certain rules are granted are subject ing theatres ; by 5 & 6 Vict. c. 109, for
to so little variation , and are so well under- appointing parochial constables ; by 5 & 6
stood , that in practice they are obtained
Will. 4, c. 76, for appointing special con
from the proper officer of the Court upon stables; and by 7 & 8 Vict. c. 33, fur
application by the party or his solicitor, appointing high constables.
and without any motion , actual or sup SPECIAL SIMILITER : See title SIMI
posed. In other cases, the motion need LITER,
not be actually made in Court, but it is
supposed to be made, and the proper officer SPECIAL VERDICT : See title VERDICT.
draws up the rule on the production of a SPECIALTY CONTRACT : See title
brief or motion paper signed by counsel; SIMPLE CONTRACT.
the rules granted without any motion in
Court, or when the motion is only assumed SPECIE. As applied to contracts, signi
to have been, and is not actually made, fies specifically, strictly, or according to the
are called common rules, while the rules specitic terms ; and , as applied to things,
granted upon motion actually made to the individuality or identity. Whether a
Court are termed special rules ( Bigl. Prac. thingis due in genere or in specie depends
279 ; 2 Arch . Pr. 1708 ). in each case on the will of the parties. If
See titles INTERLOCUTORY JUDGMENTS a thing be designated only by its kind, as,
AND ORDERS ; RULE. e.g. , any house whatever, or any of my
SPECIAL TRAVERSE . Was that pecu houses, any cask of wine, or any cask of
the vintage of 1834 in my cellar, it may
liar form of traverse or denial in pleading be furnished in genere. But if the thing
by which the party traversing explained or be designated in lividually, e.g., my
qualified his denial instead of putting it, house, No. 2, Belgrave Square, or my
as by a common traverse he would, in a five-year old bay saddle horse , it is not
direct and absolute form . He first alleged then generic, but must be furnished or re
new affirmative matter, which was called turned in individuo . The practical dis
the inducement, and then added a distinct tinction between the two is, that he who is
and formal denial of such portions of the under an obligation with respect to a thing
adverse pleading as supported the adver specifically designated cannot furnish any
sury's case. This negative part was termed other than the very thing itself ; whereas,
theabsque hoc, those being the words with in the case of a thing which is designated
which this portion of the plea commenced, generically , the party obliged has the
and the whole was finished by a conclusion choice of giving which of the species he
to the country. The inducement or intro will, as the other party has no right to any
duction of new affirmative matter, was
usually employed for the purpose of avoid one thing in particular (Brown's Sav. 70).
See title FUNGIBLES.
ing some rule of law prohibiting a plain and
simple denial of the adversary's allegation ; SPECIFIC DELIVERY OF CHATTELS :
and was sometimes employed for the pur- See titles DELIVERY, WRIT OF ; SPECIFIC
pose of raising a question of law at once PERFORMANCE .
upon the pleadings (Steph. Pl. 193-218, SPECIFIC DEVISES . Are devises of
5th ed .; 3 Chit. 908, 6th ed .; Brudnell v.
Roberts, 2 Wils. 143 ; Palmer v. Ekyns, lands particularly specified in the terms
Lord Raym. 1550 ). of the devise , -as opposed to general and
See title ABSQUE Hoc. resiJuary devises of lands, in which the
local or other particular descriptions are
SPECIAL SESSIONS. These, which are not expressed . For example, I devise my
called also Special Petty Sessions, are Hendon Hall estate is a specific devise ;
meetings of the justices holden specially but I devise all my lands or all other my
after proper and reasonable notice duly lands is a general devise or a residuary
given to all the magistrates of the sessional devise. But all devises are (in effect) spe
division for which they are holden . Such cific, even residuary devizes being so
special sessions are required by various ( Hensman v. Fryer, L. R. 3 Ch . App. 420 ;
statutes and for various purposes, e.g., by Lancefield v. Iggulden , 10 Ch . App. 136).
43 Eliz. c. 2, for appointing overseers of SPECIFIC LEGACIES : See title LEGA
the poor ; by 9 Geo. 4 , c. 61, and the more CIES .
recent Licensing Acts of Queen Victoria .
for licensing Ale-houses, beer-houses, &c., SPECIFIC PERFORMANCE. When a
andfor transferring such licences; by 4 & 5 party has sustained damage or injury from
Will . 4, c. 50, and 25 & 26 Vict. c. 61 , for the breach or non -performance of, or from
executing the Highway Acts ; by 6 & 7 delay in performing, any contract, &c., he
2 K 2
SPECIFIC PERFORMANCE - continued . SPECIFIC PERFORMANCE - continued .
may either have recourse to a Court of lands which is put into writing, but which
Coinmon Law to obtain recompense in the defendant alleges was afterwards
damages, or he may resort to a Court of varied by parol, although such parol vari.
Equity, which will compel the party to re- ation would be worthless at Law , yet in
pair the injury by performing the terms of Equity the plaintiff shall only bave
the contract in specie, as it is termed, i.e., specific performance upon condition of
specifically, or according to the specifica- accepting the defendant's terms ( Towns
tions it contains ; and this performing the hend v. Stangroom , 6 Ves. 328 ). Some
terms of a contract in specie is called “ spe- times , also , specific performance is decreed
citic performance ." with a compensation for any misdcscrip
The requisites which the Court of Chan- tion or deficiency of the land or estate
cery requires in order to its decreeing contracted for, but the misdescription or
specific performance are the following :- deficiency must (where the vendor asks
( 1.) That the act be both legal and specific performance) be of a compensable
moral ; character ( M'Queen v. Farquhar, 11 Ves.
(2.) That it be for value ; 467 ); although that is not a requisite
(3.) That it be within the power of the where the purchaser asks specific perform
Court to enforce, and so there is ance (Hill v . Buckley, 17 Ves. 401 ; and,
no specific performanre of,– quære, Thomas v. Dering, 1 Keen, 729).
(a .) Contracts requiring personal skill See title INJUNCTION.
(Lumley v . Wagner, 5 De G. & SPECIFICATIO . In Roman Law , was
Sm . 485 ) ;
one of the modes of acquisition of property
(6.) Contractsfor
apart from transfer
lease ofof goodwill
premises by the jus gentium or jus naturale. The
( Baxter y. Conolly, 1 Jac. & W. act of making a new thing (or something
576 ) ; of a new and distinct species) out of mate
(c.) Contracts tobuild or repair (Mose- rial, that is to say, specificatio (speciem
ley v. Virgin, 3 Ves. 184) ; and facio) gave a title in certain cases to the
( d .) Contracts revocable in their maker, i.e., generally, in all cases when the
material could not be restored to its condi
nature (Hercy v. Birch, 9 Ves.
357 ) ; tion as such, by undoing the article or
(4.) That the contract be mutual ( Ad species made.
derley v. Dizon , 1 S. & S. 607) ; SPECIFICATION . As used in patents
and
and in building contracts is (what the
(5. ) That damages at Law for breach of name denotes) a particular or detailed
contract are an inadequate com- statement of the various elements in.
pensation. volved . In patent law, the specification
Generally, therefore, the Court decrees is either provisional or complete, -a provi
specific performance of contracts regarding sional specification being that which ac
land , and not of contracts regarding per- companies the petition for the grant of the
sonal estate. Yet in respect of personal letters patent, and the complete specifica
estate, where the species of estate con tion being that which is filed in the Patent
tracted for is ( like land) limited in pur- Office upon the grant of the letters patent
chaseability, the Court decrees a specific ( Johnson's Patentees' Manual).
performance of the contract, -e.g.,regard SPEECH , FREEDOM OF : See titles
ing shares in a railway company ( Duncuft FREEDOM OF SPEECH ; PRIVILEGE OF PAR
v. Albrecht, 12 Sim . 199 ); debts proveable LIAMENT.
under a bankruptcy (Adderley v . Dicon,
1 S. & S. 607) ; articles of vertu ( Falcke v. SPEEDY EXECUTION . Was an execu
Gray, 4 Drew. 658) ; heir-loonis (Somerset tion which, by the direction of the judge at
v. Cookson, 1 Wh. & Tud . L. C. Eq. 736) ; nisi prius, issued forthwith, or on some
and such like. There appears to be no ex- early day fixed upon by the judge for that
ception to the general rule that the Court purpose after the trial of the action. By
will decree specific performance regarding stat. 1 Will. 4 , c. 7, s. 2, in all actions
land ; indeed , the Court carries its prin- brought in the Courts of Law at West
ciples so far in this respect that it will, in minster, it was mado lawful for the judge
avoidance of the Statute of Frauds, decree to certify under his hand on the back of
specific performance of an unwritten con- the record, at any time before the end of
tract in special cases, being chiefly cases the sittings or assizes, that in his opinion
of part performance of the contract (Sur- execution ought to issue in such action
combe v . Pinniger, 3 De G. M. & G.571), forth with , or at any day named in the cer
or of fraud ( Foxcroft v. Lester, 1 Wh. & tificate. And if the plaintiff waived his
Tud . L. C. 693). costs he might also have speedy execution
Also, in the case of a contract regarding as a matter of course ( 1 Arch. Pract. 525).
SPEEDY EXECUTION - continued . SPOLIATION- continued.

Under the present practice, the general patron presented B. to the same living, and
rule is, that immediately upon entry of he also obtained institution and induction ,
judgment for any sum of money, or for any then the one clerk might sue the other in
costs (being first taxed ), either fi. fa. or the Spiritual Court for spoliation, or for
elegit may issue, unless payment of either taking the profits of his benefice; and the
is by the judgment deferred beyond the question tried was whether the living was
date of such entry (Order xli. 15 ). But or was not vacant, and upon that question
in such cases, by special order, execution the validity of the second clerk's preten
may issue sooner than entry (Order XLIJ, sions depended ( Les Termes de la Ley ;
15), or may bestayed until any time (Order F. N. B. 36 ).
XLII. 15). In judgments ofother sorts, the SPOLIATOR . It is a maxim of law,
time for doing the act is, in general, ex bearing chiefly on evidence, but also upon
pressed in the judgment. And see Order
XLII. 15a, April, 1880. the value generally of the thing destroyed,
that everything most to his disadvantage is
SPENCER'S CASE : See titles RUNNING to be presumed against the destroyer (spo
WITH THE LAND ; RUNNING WITH THE RE- liator), contra spoliatorem omnia præ814
VERSION . muntur ( Armory v. Delamirie, 1 Sm . L. C.
SPIRITUAL CORPORATIONS : See titles 315).
ARCHBISHOP ; BISHOP ; DEAN ; DEAN AND SPONSOR : See title FIDEJISSOR.
CHAPTER ; PARSON . SPRINGING USE : See titles SHIFTING
SPIRITUAL COURTS : See title COURTS USE ; USES.
ECCLESIASTICAL. STAKEHOLDER . Is the person with
SPIRITUALITIES OF A BISHOP. Those whom money is deposited upon a bet or
prufits which a bishop receives in his eccle- wager to abide the event. Such money
siastical character, as the dues arising may be recovered before the event, but not
from his ordaining and instituting priests, afterwards (Manning v. Purcell, 7 De G.
and such like, in contradistinction to those M. & G. 55).
profits which he acquires in his temporal See title WAGERING.
capacity as a baron and lord of parliament, STALLAGE. A toll, or duty, payable
and which are termed his temporalities, for the liberty of erecting a stall in a fair
consisting of certain lands, revenues, and or market ( Palm . Rep . 77: Com . Dig. tit.
lay fees, & c . (Staund . Pl.Cor. 132 ; Cowel).
See title TEMPORALITIES OF A BISHOP.
“ Market " ( F. 2 ) ; Brady Bor. App. p. 12).
See titles Fairs; MARKET.
SPIRITUOUS LIQUORS. These are in
flammable liquids produced by distillation . STAMP DUTIES. A branch of the royal
and forming an article of commerce (Att.- revenue, consisting of a tax impos d on all
Gen. v Bailey, 1 Ex. 281 ). Excise duties parchment and paper, whereon any legal
are payable by distillers ; and by the stat. proceedings, or private instruments of al
9 & 10 Vict. c. 90, the use of stills by un . most any nature whatsoever, are written.
licensed persons was prohibited. Retailers These duties are at present regulated by
of spirits have to pay licenre duty. the Stamp Act, 1870 ( 33 & 34 Vict. c. 97),
See titles Customs ; Excise ; LICENS- and Appendix thereto ; and by that Act
ING ACTS. and the Appendix thereto,progressiveduties
are abolished : one uniform ad valorem
SPLITTING DEMANDS. The County duty is made payable, and in lieu of the
Court jurisdiction in matters of contract 358. duty by way of deed stamp, a duty of
being limited to £50, a plaintiff whose 108. is imposed, and that only in the cases
claim on contract exceeds that amount in which no ad valorem is chargeable.
cannot split or divide his claim into frac If more than one instrument be written
tions not exceeding the prescribed limit ; upon the same piece of material, every one
be may , however, abandon the excess over of such instruments is to be separately and
£50. distinctly stamped with the duty with
See titles ABANDONMENT ; COUNTY which it is chargeable (sect. 7) ; and when
COURTS .
one of several instruments is the principal
SPOLIATION . Generally, was any da- one, and the other or others is or are merely
mage or injury; but in particular it was accessory to it, the duty is differenceil
an injury done by one clerk or incumbent accordingly (sect. 76 ). With regard to
to another, in taking the fruits of his bene- conveyances on sale the stamp is 58. for
fice under a pretended title ; e.g. , if a every £50 or fraction thereof in the case of
patron first presented A. to a benetice, who ordinary considerations; and with regard
was instituted and inducted thereto, and to considerations possessing some pecu
then , opon pretence of a vacancy, the same liarity, it is enacted that where the consi
STAMP DUTIES — continued. STANDING ORDERS — continued.

deration consists of any stock or marketable House, continue in force, not only from
security, the conveyance is to be charged one session to another, but from one parlia
with ad valorem duty in respect of the ment to another ; while the latter are in
value of such stock or security ; and where tended to last only during the session in
the consideration consists of any security which they are maile. In the House of
not marketable the conveyance is to be Lords every new standing order is added
charged with ad valorem duty in respect to “ The Roll of Standing Orders ,” care
of the amount due on the day of the date fully preserved and published from time to
thereof for principal and interest upon such time. In the Commons, there is no autho
security ; and where the consideration con- rized collection of standing orders except
sists of money payable periodically for a in relation to private bills (May's Treatise
definite period, so that the total amount tɔ on Parliament).
be paid can be previously ascertained, the See title SESSIONAL ORDERS.
conveyance is to be charged with ad STANNARY COURTS. Courts in De
valorem duty on such total amount ; but vonshire and Cornwall for the administra
when the consideration consists of money tion of justice among the miners and
payable periodically in perpetuity, or for tinners. These Courts are held before the
any indefinite period , the conveyance is to Lord Warden and his deputies by virtue
be charged with ad valorem duty on the of a privilege granted tu the workers of
total amount which will or may be payable the tin mines there, to sue and be sued in
( if the period is not terminable with a life
or lives ) during the period of TWENTY their own Courts only, in order that they
YEARS ; and ( if the period is so terminable )
might not be drawn away from their busi
ness by having to attend law suits in the
then during the period of TWELVE YEARS ordinary Courts (Bac. Abr. tit. “ Courts of
next after the day of the date of such the Stannaries ” ). The jurisdiction of these
instrument. With regard to leases, li Courts is confined to matters arising within
cences, &c., it is enacted that an agreement the standaries ; and the suit may be either
for a lease of any lands for any term not between tinner and tinner, or between
exceeding thirty-five years, is to be charged stranger and tinner upon the principle ofthe
with the simeduty as if itwereanactual forum rei. The jurisdiction of the Courts
lease ; but a lease made subsequently to, was defined hy the stat. 16 Car. 1 , c . 15 ;
and in conformity with, snch agreement is and the legal and equitable jurisdictions of
to be charged with the duty of sixpence the stannaries of Cornwall were consoli
only (sect. 96 ). And there is a graduated dated in one Cuurt by the stat. 6 & 7
scale of ad valorem stamps upon leases, Will. 4, c. 106 ; and by s. 32 of the stat.
according as the term is definite, and does 18 Vict. c. 32, the standaries of Devon and
not exceed thirty- five years, or is indefinite ; Cornwall were made one judicial district.
or the term being definite exceeds thirty By the Judicature Acts, 1873–75 , the
five years, but does not exceed 100 years : Appellate Jurisdiction Act, 1876, and the
and so on. Counterparts and duplicates of Stannary Procedure New Rules and Orders,
leases which are charged with a duty not 1876 , the procedure in the Court of the
exceeding 58., are liable to the same duty as Vice -Warden , and, ou appeal therefrom ,
the originals, and counterparts of all other has been amended and simplified, and has,
leases are liable to the duty of 58. (sect. 93). in fact, been brought almost into entire
Assignments and surrenders of leases on conformity with the procedure in Her
any other occasion than a sale or mortgage Majesty's High Court of Justice.
are charged with a duty of 108. Mortgages See titles COURTS OF JUSTICE ; TINNER ,
are charged with an ad valorem duty of
28. 6d. for every £ 100 or fraction thereof; STAR -CHAMBER . The Court called
and re- conveyances and transfers thereof by tliis nanje is commonly regardt d as
with an ad valorem duty of 6d. for every being the Aula Regis sitting in the Star
£ 100, of the money lent or paid off or paid Chamber, a room at Westminster. The
over, as the case may be. jurisdiction of the Court would, therefore,
See titles Taxation, HISTORY OF ; be all or some part of that residuary juris
Taxation , VARIETIES OF . diction which remained after the severance
STANDING ARMY : See title ARMY. of the Courts of Exchequer, Common
Pleas, Queen's Bench, and Chancery.
STANDING ORDERS. The rules By the stat. 3 Hen . 7, c. 1 , the Court was
adopted by the Houses of Parliament for remodelled , and its jurisdiction placed
the permanent guidance and order of their upon a lawful and permanent basis. That
proceedings are called “ Standing Orders,” Act empowered the Chancellor, Treasurer,
and are contradistinguished from the ses- and Keeper of the Privy Seal, or any tuo
sional orders by the fact, that the former, of them , with one spiritual and one tem
unless rescinded by a special vote of the poral peer, and the Chief Justices of the
503
STAR - CHAMBER — continued .
Courts of Queen's Bench and Common or STA
soveTE , ACT
reig n body - cont
OF of suchinueothe
d . r countrie
s
Pleas, or in their absence, two other should choose to intervene for the prosecu
justices, to call before them and to punish tion of its own subjects ( Buron v. Denman ,
the following offenders and classes of
offences : 2 Exch . 167 ) .
( 1. ) Combinations of the nobility and STATE OF FACTS. Formerly, when a
gentry, supported by liveries, & c.; Master in Chancery was directed by the
(2.) Partiality on the part of sheriffs in Court of Chancery to make an inquiry or
making up the panels of jurors, or investigation into any matter arising out of
in making untrue returns of a suit, and which could not conveniently
members; be brought before the Court itself, each
(3.) Bribery in jurors ; and party in the suit carried in before the
(4. ) Riots and unlawful assemblies. Master a statement shewing how the party
By a later stat. 21 Hen . 8, c. 20, the bringing it in represented the matter in
President of the King's Councilwas added question to be ; and this statement was
to the list of judges; and by the stat. 31 technically termed a state of facts, and
Hen . 8, c. 8, which gave to the king's pro formed the ground upon which the evi
clamations in ecclesiastical matters the dence was received ; the evidence being, in
force of law, all persons offending against fact, brought by one party or the other to
such proclamations were to be tried before prove his own or disprove his opponent's
the Star-Chamber, and punished with fine state of facts (Gray's Ch . Prac. 109 , 110).
3
and imprisonment. And so now , a state of facts means the
The jurisdiction of the Court is defined statement made by either party of his
by Lord Bacon as extending to " forces, version of the facts .
frauds, crimes, various of stellionate, and See title SPECIAL CASE .
the inchoations or middle acts towards STATED ACCOUNT : See title ACCOUNT
crimes capital or heinous not actually com- STATED .
mitted or perpetrated . ”
The utility of the Star -Chamber, in the STATEMENT OF CLAIM . This is the
reigns of Henry VII. and subsequent mo first pleading ( properly so called) in an
narchs consisted in two principal func action in the High Court of Justice. The
tions, viz.: plaintiff may unite in one statement of
(1.) In its repression of the turbulence of claim several causes of action subject to
the nobility and gentry in the pro- the Cou
defrt
endor judect
anta, dir theappl
on the
ge,ing m toicat sepof
beion a
vinces ; and
(2.) In its supplying a Court of jurisdic rately disposed of ( Order xvii., 1, 8, 9), e.g.,
tion for matters which, as being of claims by or against husband and wité,
novel origin , were unprovidedfor with claims by or against either of them
by the existing tribunals, e.g. , in Se parately ( Order xvil., 4) ; claims by or
the case of offences against procla against an executor or administrator, as
mations in ecclesiastical matters. such , with claims (connected with the
The effect of the Court was to enhance estate) by or against him personally
the royal authority, which it did by sup ; ( Order xvii ., 5) ; and joint claims with
plying the executiv with a speedy and separate claims, by all, or some, or one of
effective machinery: e CardinalWolsey has dant ( Orde
several ., 6 ), exceptin
rxvutiffsagainst
co - plain nevedefe
the g,same rthen
the credit of having improved and ex
tended the jurisiliction of the tribunal. less, the two following cases, viz.: ( 1. ) The
But the very nature of the jurisdiction plaintiff may not (unless by leave of the
of the Court of Star -Chamber rendered its Court or a judge) join with an action for the
process liable to great abuses ; and recovery of land any second cause of action
Woley's connection with it was one of the other than a claim or claims in respect of
principal causes of his unpopularity. The arrears of rent or mesne profits, or damages
increase of those abuses was the ultimate for breach of covenant relating to the same
cause of its abolition by the Long Parlia land or some part thereof (Order xvii., 2) ;
ment in 1610. | and (2.) The plaintiff may not ( unless by
leave as aforesaid ) join claims by him as a
STATE, ACT OF. Is the act of the trustee in bankruptcy, with claims by him
sovereiga, or of the sovereign body; and in any other capacity ( Order xvII ., 3 ).
for which act, or for its cons equences, the STATEMENT OF DEBTS. Upon a liqui
sovereign or sovereign body is not legally dation under the Bankruptcy Act, 1869 ,
liable to its own subjects, however much at the meeting of creditors at which the
affected thereby ; but to the subjects of special resolution to liquidate by arrange
other countries, the sovereign or sovereign ment and not in bankruptcy is passed, the
body may be liable, in case the sovereign debtor produces to the meeting a statement
STATEMENT OF DEBTS — continued. STATUTE OF FRAUDS : See title FRAUDS,
showing the whole of his assets and debts, STATUTE OF .
and such statement of debts (and of assets ) STATUTE -MERCHANT. A writing in
together with the special resolution are the nature of a bond which was intro
thereafter registered with the Registrar duced in the reign of Edward I., for the
in Bankruptcy. Similarly, upon a compo purpose of allowing lands to be charged ,
sition under the same Act, at the two
meetings of creditors at which the extra contrary to all feudal principles, with
ordinary resolution to ept a composition the payment of debts contracted in trade
between merchants. It is somewhat in
in satisfaction of their debts is passed, the the nature of what is termed a rirum
debtor produces a like statement of debts
(and the
ofassets ),and suchresolution
statementaretogethtr vadium , or living pledge, by which a man
with extraordinary ihere-
1 borrows a sum ofmoney of another, and
after registered with the Registrar in Bink. grants him an estate to hold till the rents
ruptcy. In each case, the registration and profits shall repay the sum $0 bor
the rowed A statute-merchant may, there
Court, which may thereafter interfere in a fore, be said to be a security for a debt
summary way on motion . acknowledged to be due, and by which not
only his goods may be seized in satisfaction
STATEMENT OF DEFENCE . Where of ihe debt, but also his lands may be de
the defendant neither demurs nor defends | livered to the creditor till out of the rents
by stating one simple fact (e.g., a release ), and profits of them the debt is satisfied ;
he may defend by stating a succession of and during such time as the creditor so
circumstances with or without (at the same 1 holds the lands he is called a tenant by
time) denying or expressing that he does statute-merchant, and such creditor's estate
not admit the whole (or certain specified or interest in the lands during that period
parts ] of the statement of claim , in which is termed an estate by statute -mercbant.
case he is said properly to defend ; and See title STATUTE -STAPLE.
this statement of his in defence is properly
called his statement of defence ; and this STATUTE OF PRÆMUNIRE : See title
statement of defence may be either with or PREMUNIRE.
without any counter -claim . STATUTE OF PROVISORS : See title
STATES, VARIETIES OF : See title PROVISIONS.
SOVEREIGN STATES. STATUTE -STAPLE. A security for a
debt acknowledged to be due before the
STATING PART OF A BILL. Was that
mayor of the staple, that is, the grand
part of a bill in Chancery in which the mart for the principal commodities or
plaintiff stated simply the facts of his case ; manufactures of the kingdom , formerly
and it was distinguished from the charging beld by Act of Parliament in certain
part of the bill and from the prayer. trading towns. It is called a " statute
See titles BILL IN CHANCERY ; CHARG staple," because entered into before the
ING PART OF A BILL. mayor of such staple. It is in the nature
STATUS. According to Heineccius, of a bond given by the debtor to the cre
ditor, and is very similar to a statute-mer
status est qualitas cujus ratione homines chant, and was originally permitted only
diverso jure utuntur, i.e., status is a quality among traders for the benefit of commerce.
or aspect by reason of which individuals By it, not only the goods of the debtor
enjoy a diversity of rights ; and this opinion may be seized in satisfaction of his debt,
is that of lawyers generally, almost all but also his lands may be delivered to the
rights and liabilities incident to men as to creditor till out of the profits and rents of
property being so incident by relation only, them the debts are satisfied ; and during
or with reference to , some particular qua- such time as the creditor so holds the lands
lity or character of the person or property. he is called a " tenant by statute -staple, "
According to Mr. Austin, who ridicules the and his estate or interest in the lands during
“ occult ” quality of Heineccius, status is a that period is called “ an estate by statute
mere bundle or collection of rights and staple."
duties . See title STATUTE -MERCHANT,
See title CAPUT AND STATUS,
STATUTES. The statutes are the
STATUTE OF ALLEGIANCE DE FACTO . written laws of the kingdom , made by
An Act of 11 Hen. 7, c. 1 , requiring sub- the king's majesty, by and with the advice
jects to give their allegiance to the actual and consent of the Lords spiritual and
king for the time being, and protecting temporal and Commons in Parliament
them in so doing. assembled . They are either general or
See title ALLEGIANCE. special , public or private. General or
STATUTES — continued . STATUTES AT LARGE - continued .

public Acts are universal rules that regard mon Law , or customs of the realm . The
the whole community ; and of these the statutes from Magna Charta down to the
Courts of Law are bound to take notice end of the reign of Edward II. ( including
judicially and ex officio, without the statutes also some supposed to have been passed in
being specially pleaded or formally set one or other of the three reigns of Henry
forth by the party who claims the advan III., Edward I., or Edward II., and termed
tage of them . Special or private Acts are incerti temporis ), compose what have been
those which only operate upon particular called the vetera statuta ; on the other
persons and private concerns : such as the hand, those from the beginning of the
Romans entitled privilegia (in the favour reign of Edward II1. are contradistin
able sense of that word ), in contradistinc guished by the appellation of the nova
tion to the senatûs consulta , which regarded statuta (Dwarris on Stat. 626).
the whole community ;> and of these (which STATUTES, PRINCIPAL EARLY . An
are not promulgated with the same noto enumeration of the important early statutes
riety as the former) the judges are not of a more general character, which have
bound to take notice, unless they be form produced a great effect in the history of
ally shewn and pleaded. English Law, both public and private, is
STATUTES OF DISTRIBUTIONS : See here given, -
title NEXT OF KIN . I. OTHER THAN ECCLESIASTICAL :
1087 : The 52nd Law of William I.,
STATUTES, INTERPRETATION OF. making feudalism general.
Various rules have been made regarding 1164 : Constitutions of Clarendon, regu .
the construction or interpretation of sta lating the civil and ecclesiastical
tutes ; the short substance of which is as jurisdictions and the matters which
follows : were the proper subjects of such
I. Where the words of the statute are
jurisdictions.
unambiguous, then by the words alone it is 20 Hen. 3 ( Statute of Merton ).
proper to abide, unless, perhaps, in the case 52 Hen. 3 ( Statute of Marlbridge),
only of manifest absurdity (Dr. Bonham's 3 Edw. 1 ( Statute of Westminster the
Case, 8 Rep . 118 a) : First ).
II. Where the words of the statute are 6 Edw. 1 ( Statute of Gloucester) .
ambiguous, then the following subsidiary 7 Edw. 1 ( Statute de Religiosis Viris ).
rules are to be applied : 11 Edw. 1 (Statute of Acton -Burnell).
( 1.) Inquire the Common Law before 13 Edw. 1 ( Statute of Westminster the
the making of the statute ; Second ).
(2.) The mischief against which it did 13 Edw. 1 ( Statute of Merchants).
not provide; 13 Edw. i (Statute of Circumspectè
(3. ) The remedy which Parliament agatis).
thought to apply ; and 18 Edw. 1 ( Statute of Westminster the
(4.) The true reason (i.e.,true essence, or Third).
gist) of the remedy ( Heydon's 25 Edw. 1 (Statute of Confirmatio Char
Case, 3 Rep. 7). tarum ).
It used also to be a general rule, that 25 Edw. 1 ( Statute de Tallagio non Con
penal statutes were to be construed restric cedendo ).
tively, and beneficial statutes liberally ; 28 Edw . 1 ( Statute of Articuli super
but as to the propriety of such a rule, there Chartas).
may well be considerable doubt ( See 9 Edw. 2 ( Statute of Articuli Cleri ).
Austin's Lectures on Jurisprudence ). 17 Edw . 2 (Statute de Prærogativa Regis.
STATUTES OF JEOFAILS : See titles 25 Edw. 3, st. 4 ( Statute of Provisors ).
AMENDMENT ; JEOFAILE .
25 Edw.3, st. 5, c. 4 (Statute of Treasons).
15 Rich . 2, c. 5 ( Statute of Mortmain ).
STATUTES AT LARGE . A re an authen 16 Rich, 2, c. 5 ( Statute of Præmunire ).
tic collection of the various statutes which 2 Hen . 4, c. 15 ( Statute de Hæretico
have been passed by the British Parlia Comburendo ).
ment from very early times up to the pre 4 Hen. 7 , c. 24 (Statute of Fines).
sent day. The oldest one of those now 11 Hen. 7, c. 1 ( Statute concerning Alle
extant, and printed in our statute book , is giance to a Sovereign de facto ).
Magna Charta, as confirmed in Parliament II. ECCLESIASTICAL :
9 Hen. 3, though doubtless there were 10 Hen. 2 (Constitutions of Clarendon).
many Acts before that time, the records of 7 Edw. 1 (Statutum de Religiosis Viris ).
which are now lost, and whose provisions 9 Edw. 2, st. 1 (Articuli Cleri).
are perhaps in the present day currently . . 6
received for the maxims of the old Com. 27 Edw. 3, st. i }(Statutes of Provisors ).
STATUTES, PRINCIPAL EARLY - con- STAY OF PROCEEDINGS - continued .
tinued .
(Order Liv ., 5 ). An appeal from a district
15 Rich . 2, c . 5 ( Statute of Præmunire ). registrar's decision operates no stay of
24 & 25 Hen. 8 (Appeals to Rome taken proceedings unless and so far as the district
away ). registrar (or a judge) otherwise orders
25 & 26 Hen. 8 ( The King declared (Order xxxv. 8). An appeal to the Court of
Supreme Head of the Church of Appeal operates no stay of execution or of
England, and the Archbishop of proceedings under the decision appealed
Canterbury empowered to grant from (Order LVIII., 16), all intermediate acts
licences and dispensations in lieu and proceedings holding good, unless other
of the Pope ). wise ordered by the Court of Appeal, or
1 Eliz. c. 1 ( Act of Supremacy ). by the Court appealed from , or any judge
2 Eliz. c. 2 (Act of Uniformity ). thereof ( Order lviii., 16) : the application to
16 Car. 1 ( Abolition of Court of Highstay is to be first made in the Court
Commission ). appealed from (Order Lyril., 17). But an
6 Car. 2 ( Establishment of Presbyteri- order to shew cause ( upon a motion ex
anism in England ). parte for a new trial) operates a stay of
12 Car. 2 ( Restoration of Episcopali- | proceedings in the action , -unless (and
anism in England ). excepting so far as) the Court upon grant
13 Car. 2 ( Corporation Act). ing the rule shall otherwise order (Order
13 Car. 2 (Act of Uniformity). XXXIX ., 5 ).
16 Car. 2 ( Act against Conventicles ). STEALING : See title LARCENY.
17 Car. 2, c. 2 ( Five Mile Act).
25 Car. 2, c. 2 ( Test Act ). STEALING AN HEIRESS : See title
1 W. & M. c. 8 ( Toleration Act) ; and ABDUCTION .
11 & 12 Will. 3, c. 4 ( Act of Settlement). STELLIONATUS Was an offence or
STATUTES REVISED. A compilation group of offences, of too subtle a character
and re-issue of the statutes, in a form more to be reached by the ordinary tribunals,
or less approaching to a consolidation and which was therefore assigned to the
thereof, has been recently made at the Court of Star-Chamber, and afterwards to
expense and under the authority of the the Court of Chancery, and now to the
Government; and such consolidated sta Chancery Division of the High Court.
tutes as so re - issued are called the Statutes See title Star-CHAMBER , COURT OF.
Revised . STET PROCESSUS. Was an entry on
STATUTORY CONVEYANCES : See title the roll in the nature of a judgment, of a
CONVEYANCES. direction thatall further proceedings should
be stayed (i.e., that the process might stop
STATUTORY DECLARATIONS : See title or stand ), and it was one of the ways by
DECLARATIONS, STATUTORY. which a suit might be ended by the act of
STATUTORY OBLIGATION. Is an obli the party,as distinguished from aa termina
gation arising under statute, and may be tion of it by judgment, which was the act
of the Court.
either to pay money or to perform certain See title JUDGMENTS, VARIETIES OF.
acts, e.g., maintain fences, erect accommo
dation works, and the like. The obligation STEVEDORE. A person skilful in load
does not usually attach until the happening ing and unloading cargo on board ships.
of some event or the doing of some act by He is not an ordinary servant of the ship
the party obliged. owner, but is rather an agent of the latter ;
See title OBLIGATION .
he has entire control of the labourers who
STATUTORY REFERENCES. Arbitra assist him .
trations are not uncommonly directed by See titles STOWAGE ; Cargo.
;
statute so express or necessarily imply, are
STEWARD. This word signifies a man
appointed in the place or stead of another,
exclusive of the ordinary jurisdictions and generally denotes a principal officer
( L. R. 2 H. L. Sc. 347 ). Also, the general within his jurisdiction. The greatest, how
Acts, Common Law Procedure Act, 1854, ever, of these was the Lord High Steward
and Judicature Acts, 1873–75, enable the of England , whose functions were of a very
Courts to compulsorily refer various matters important nature, he having had, next
in an action .
See title REFEREES. under the king, the supervision and re
gulating of the administration of justice,
STAY OF PROCEEDINGS. An appeal and of most other affairs of the realm , both
from a master's decision operates no stay of a civil and of a military nature; and
of proceedings unless and so far as the there are still many officers called stewards
master (or a judge) otherwise orders that are connected with the king's house
STEWARD - continued . STIRPES - continued .

hold, and with his administration of justice that is, all the branches inherit the same
throughout the realm ; and in manors, share that their root, whom they represent,
there is an important officer called “ steward would have done.
of the manor," who has the general man- See titles CAPITA, DISTRIBUTION PER ;
agement of all forensic matters connected NEXT OF KIN .
with the manor of which he is the steward STOCK . This is the general name for
(Cowel ). the public funds, but is applicable generally
STEWARTRY. In the Scotch Law to the like funds of corporate bodies. It
was synonymous with the English word is a chose in action, and cannot be sued
“ county .” Thus, " any shire or stewartry for as money ( Nightingale v. Derisme, 2 W.
in Scotland ,” is used in the 12th section of Bl. 681). It carries interest, which has
5 & 6 Vict. c. 35 (the Income and Property been defined in the case of stocks to be a
Tax Act) ; and by 1 Vict. c. 39, it is en- right to receive a perpetual anduity sub
acted that the word " county " occurring ject to redemption (Wildman v. Wildman,
in any future or existing Act shall com- 9 Ves. 177). The Bank of England is the
prehend and apply “ to any stewartry depositary of the public funds, and liable
in Scotland, excepting where otherwise only as a depositary (Humberstone v. Chase,
specially provided , or where there is any . 2 Y. & C. 209 ). The interest or dividends
thing in the subject or context repugnant have by a recent Act (32 & 33 Vict c . 104,
to such meaning or application ." the Dividends and Stock Act, 1869), been
See title COUNTY . made payable upon warrants sent through
STINT, COMMON WITHOUT. Common the post.
without stint is the right of commoning or See titles SHARES ; SHARE-WARRANT.
feeding an unlimited number of cattle on STOCK - BROKERS : See titles BROKERS ;
the common, and that throughout the year, JOBBERS ; FACTORS.
without limitation of time . The notion, STOCK EXCHANGE . This is a society
however, of this species of common , so far or club, prescribing rules which bind its
as it is absolute, is said to be exploded , as members, and its customs bind all persons,
a right of common absolutely without stint whether members or not, having dealings
cannot exist in law ( 2 Chit. Bl. 31, nn (32)) ; upon it or with it. The persons transacting
but if the phrase is taken to mean common business professionally on the Exchange
without stint (not absolutely but only ) for are either brokers or jobbers ; the former
all cattle levant and couchant (see title being agents merely for their customers,
LEVANT AND COUCHANT), there seems
the latter ( especially since the stat. 23 Vict.
nothing objectionable in it, or nothing im c. 28, repealing Sir John Barnaru's Act,
possible in Law . 7 Geo. 2, c. 8) dealing for themselves while
See titles CoJMON , RIGHT OF ; LEVANT
AND COUCHANT. at the same time making purchases and
sales for their customers, chiefly by means
STIPULATIO. In Roman Law , was the of what are called “ time-bargains ” ( Coles
verbal contract ( verbis obligatio ) —and was v. Bristowe, L. R. 4 Ch . Ap. 3 ; Grissell v.
the most solemn and formal of all the Bristowe, L. R. 4 C. P. ( Ex . Ch .) 36 ; and
contracts in that system of jurisprudence. Maxted v. Paine, L. R. 4 Ex . 81 ). So far
It was entered into by question and corre- as the rules of the Stock Exchange would,
sponding answer thereto, by the parties if unchecked, operate beyond the club
both being present at the same time, and itself and the njembers thereof,they are
usually by such words as " spondes 7 spon- subject to the general law of the land ;
deo," " promittis ? promitto," and the like. e.g., to the Bankruptcy Act, 1869 ( E.c parte
STIPULATIO AQUILIANA. In Roman Saffery, In re Cooke, 4 Ch. Div. 555 ; 3 App.
Ca. 213 ). But “ time-bargains” are unlaw .
Law , was a particular application of the ful ( Thacker v. Hardy, 4 Q. B. Div. 685 ).
stipulatio, and was used to collect together See titles BROKERS ; JOBBERS; SHARES;
into one verbal contract all the liabilities
STOCKS, &c.
of every kind and quality of the debtor,
with a view to their being released or dis- STOCK JOBBER : See title JOBBERS.
charged by an acceptilatio, that mode of STOCKDALE V. HANSARD. An action
discharge being applicable only to the of libel ( 1836 ) by a medical gentleman
verbal contract. against Hansard ( Parliament publisher ),
STIRPES. Taking property by repre- for publishing by order of Parliament re
sentation is called " succession per stirpes," ports of Prison Inspectors, in which reports
in opposition to taking in one's own right, it was stated that the plaintiff had published
or as a principıl, which is termed succession improper and indecent physiological plates.
per capita. " It it called succession per The defendant was condemned in the
stirpes, because it is according to the roots ; Courts of Law, but Parliament interfered
STOCKDALE v. HANSARD - continued . STOPPAGE IN TRANSITU — continued .
to protect their own publisher ; and a Toownership over the goods, will in general
deadlock followed, the recurrence of which determine the transit; for example , if the
for the future is obviated by the stat. 3 & 4 vendee takes samples of the goods with
Vict. c. 9, which makes it aa sufficient de- the intention of taking a constructive
fence to say that the report is published by possession , and the carrier retaining posses
order of either House of Parliament. sion of the goods bas expressly or im
STOLEN GOODS, POSSESSION OF : See pliedly assented to keep the goods as agent
title PossESSION OF STOLEN GOops. for the vendee (Whitehead v. Anderson ,
supra ). And if the goods are delivered
STOLEN GOODS, RECEIVER OF : See on board the vendee's own ship, that de
title RECEIVING STOLEN GOODS. termines the transit ( Schotsmans v . Lanca
STOP -ORDER . When a fund is in the shire and Yorkshire Ry. Co., L. R. 2 Ch.
App. 332 ), unless, indeed , the vendors in
Court of Chancery, a person interested or such a case procure (as they ought to
claiming to be interested in it, may some procure ) the master's bill of lading, making
times obtain a stop -order on it, such stop them deliverable to their order or assigns,
order ( like notice to an individual) arrest for in that way they reserve to themselves
ing the fund so long as the stop -order
remains undischarged . The application is the jus disponendi
LiverpoolDocks ( Turner
, 6 Ex v. Trustees
.543) and may reof
made by summons usually, but may (in a take possession , or may travsfer the pro
proper case )be made by petition ; and the perty by iudorsement and delivery of the
order, if made, may or may not be in aid of
a charging order : the application must be bill of lading ( Shepherd v. Harrison, L. R.
supported by affidavits shewing the title of 4 Q. B. 196, 493). But where goods sold
the applicant. in London free on board ( f. o. b.), to be
See title CHARGING ORDER. paid for on delivery on board by bill or
cash at a certain discount, were shipped on
STOPPAGE IN TRANSITU . This is a vessel selected by the vendee, and the
the right of the unpaid vendor of goods vendor elected to take a bill , and it ap
to stop them in certain cases before they peared that by the custom of the port the
have reached the actual or constructive expression “f.o. b ." indicated that the ven .
possession of the vendee, and to resume dee was considered as the shipper, although
the possession, so as to put himself in the the vendor was to pay the expenses of
same position as if he had not parted with shipment, it was held that the transit was
it. The first case in which the principle determined by the delivery on board , and
was acted on was Wiseman v. Vandeputt (2 the receipt of the bill ( Covasjee v. Thomp
Vern . 203 ; Tudor's Merc. C. 631 ). The son , 5 Moo . P. C. C. 165).
right arises properly only in cases in which Where goods are in a warehouse and not
the vendee or consignee has become bank- on carriage, it is a general rule that the
rupt or insolvent; but a general inability right of stoppage in transitu determines so
to pay, evidenced by stoppage of payment soon as a delivery order is given by the
is sufficient to satisfy the rule (Sm . M. I .., vendor to the vendee, and the warehouse .
8th ed ., p. 544 ). Moreover, the right, or man assents thereto ; but this is only so
an analogous one, may exist by special where no act remains to be done, such as
contract ( W’ilmshurst v. Bouker, 2 Man . Weighing, measuring, or separating, to
& G. 792), upon the happening of the ascertain the quantity, valve, or identity
event specified in the contract. of the goods ( Hanson v . Meyer, 6 East,
The right determines when the goods 614 ; Tud. M.C. 600). The mere giving
have reached their destination, whether or of a delivery order used not to operate
not they are in the actual posses: ion of as a constructive delivery of the goods
the vendee. Usually, the carrier of the (M'Euan v. Smith , 2 H. L. C. 209) ; and
goods is a mere neutral agent between the the transfer of a delivery order had no such
vendor and the vendee ; and in ordinary effect as the indorsement and delivery of
cases, therefore, the transit is regarded as a bill of lading (Akerman v. Humphrey,
continuing as long as thegoods are onethe 4ABBing. 516)90*; &41
,1575( Vict.c39),when
but now any
under the Factors
carrier's possession ( Ex parte Rosevear
Clay Co., In re Cock, 11 Ch. D. 560). But document of title to goods has been law
if the carrier enters into any new relation fully indorsed or otherwise transferred to
with the vendee, becoming, e.g., custodian any person as a vendee or owner of the
as well as carrier, that determines the goods, and such person travsfers such docu
transit, although the goods may not yet ment by indorsement, or (when that is
have reached their destination (Whitehead suficient by custom or according to the
V. Anderson, 9 M. & W. 534 : Ex parte terms of the delivery order) by delivery to
Cooper, In re McLaren , 11 Ch. D. 68). So, a person who takes the same bona fide and
also, the exercise by the verdee of acts of for valuable consideration, the last inen
509
STOPPAGE IN TRANSITU — continued .
tioned transfer has the same effect as the STOPPAGE IN TRANSITU - continued .
like transfer of a bill of lading towards (6. ) The right to stop in transitu is de
defeating the right of stoppage in transitu . feated by the consignee's negotiating the
Moreover, the warehouseman's assent to bill of lading or document of title to a
hold the goods for the vendees may, in bona fide transferee for value ( Lickbarroco
certain cases, estop him personally from v. Mason , 1 Sm . L. C. 699 ) ; secus, if to a
denying their right to the possession of malâ fide transferee ( Cumming v. Brown,
the goods, while it leaves the right of the 9 East , 514 ) ; but
vendors to stop transitu unaffectod ( 7.) The indorsee, even since 18 & 19
7
( Stonard v. Dunkin , 2 Camp. 314 ). Vict. c. 111 , takes subject to the equities
Where there would be a right to stop if attaching upon his indorser (Gurney v.
the transitus had begun , there is , à fortiori, Behrend , 2 E. & B. 622).
a right to refuse to allow the transit even STOWAGE . Lading cargo.
to begin ( Dicon v. Yates, 5 B. & Ad . 313). It is the
The right of stoppage is not determined master's dutdam y to safely place the cargo, so
by part payment or part delivery, unless in as not to beafte aged either in the act of
the latter case the vendee takes possession lading or rwards from leakage or the
of the part in name of the whole ; although motion of the vessel. Stowage on deck is
even then the vendor is entitled under cer improper, if that endangers either the
tain circumstances to hold the remainder vessel or the cargo itself ; but it may be
of the goods until the price for the whole justified by the usnge of trade. Stowage
is paid ( Wentworth v. Outhwaite, 10 M. & on deck givez no claim ( unless by custom )
W. 436 ). Neither is the right of stoppage to general average. Usually , cargo is
determined by a resale of the gooils by the stowed by means of “ stevedores” (see title
vendee , in the absence of course of a pre STEVEDORE );3 but the master is required
vious delivery thereof to him ( Craven v. Whe to be himself a competen t stevedore.
Ryder, 6 Taunt. 433). re a stevedore is employed, and
The right to stop in transitu is personal damage results to the cargo in the process
to the vendor or consignor ; it does not of stowage, the shipowner or master is
belong to a surety for the price of the generally liable, but sometimes the shipper ;
goods ( Siffken v. Wray, 6 East, 371 ). The and the question seems to depend on who
vendor or consignor may, however, at any is the principal employing the stevedore
time before the transit is ended , ratify and as his agent( See Sandemann v. Scurr, L. R.
thereby make good the act of a stranger 2 Q. B. 86 ; Kay's Shipmasters, 273-275) .
who stops the goods ( Bird v. Brown, 4 Ex . STRANGERS. These are third persons
786).
The foll owing is a sum mary of the rules gen erally. Thus, the persons bound by a
regarding stoppage in transitu : fine are parties, privies, and strangers,
the parties being either the cognizors and
( 1. ) The right of stoppage in transitu is cognizees, the privies being such as are in
not a rescission of the contract, but at the
most a re- vesting of the possession in the fin any way related to those who levy the
vendor ( Wentworth v. Outhwaite, 10 M. & e, and as claim under them by any right
W. 451 ; Ex parte Stapleton, In re Nathan , andbloof od, or other right of representation,
10 Ch . Div . 586 ). the strangers being all other persons
in the world, except only the parties and
(2.) The right is personal to the con privies . Again, those who are in no way
signor, and does not extend , e.g., to a par s to a covenant, nor bound by it,
surety for the price of the goods ( Siffken aretieals o said to be strangers to the
v. Wray, 6 East, 371) ; covenant.
(3.) The right only endures during the See titles PARTIES OR PRIVIES ,
transit, and the transit is taken to have
ended so soon as the goods come into the STREAMING FOR TIN . The process
actual or constructive possession of the of working tin in Cornwall and Devon .
vendee ( Edwards v. Brewer, 2 M. & W. The right to stream must not be exercised
375) ; so as to interfere with the rights of other
(4.) The termination of the transit as to priv individuals, e.g., either by with
part is not the termination of it as to the drawate ing or by polluting or choking up the
rest ( Tanner v. Scovell, 14 M. & W. 28) ; water-courses or waters of others ; and the
unless the contract was entire ( Hammond statutes 23 Hen. 8, c. 8, and 27 Hen . 8,
V. Anderson, 1 N. R. 69); c. 23, impose a penalty of £20 for the
(5.) The termination of the transit may offence.
be accelerated by the vendee ( Whitehead
v. Anderson , 9 M. & W. 518 ) ; but may STREAMS : See title RIVERS.
not be prolonged by the carrier ( Bird v. STREETS : See titles Health , PUBLIC ;
Brown, 4 Ex . 786) ;
SANITAI:Y LAWS ; VAGABONDS.
STRIKING A JURY. Is the act of SUB - AGENT - continued .
selecting or nominating a jury of twelve and cannot confer upon the sub-agent other
men out of the whole number returned as or larger powers.
jurors on the panel. This, in common SUB -CONTRACTOR . Usually the con
jury cases, is usually done by the associate tractor is liable in esemption of the prin
of the Court at the trial putting the names
in a box, and then drawing out twelve cipal for whom he contracts, in respect of
promiscuously. With regard to a special all injuries occasioned to third persons by
jury, the proper officer of the Court the contractor or his servants in the execu .
tion of the contract ( Burgess v. Gray,
appoints a time and place for “ striking 1 C. B. 578) ; but there is no such exemp
the special jury,” and the under-sheriff, or tion if the contract or anything to be done
his agent, and the parties attend,and the under it is beyond the power ofthesuperior
numbers from the jurors' list are then put
into a box, and the forty -eight names cor to authorize ( Ellis v. Sheffield Gas Co., 2 EI .
responding with the forty- eight numbers & Bl . 767), or is such that the injurious
consequences flow naturally from the act
are drawn by each party alternately, and ( Bower v. Peate, L. R. 1 Q. B. Div. 321 ),
this number is afterwards reduced, and
constitutes the special jury ( Lush's Pr. or if the superior ( i.e., principal) is directly
471 , 477 ; stat . 6 Geo. 4 , c . 50, 88. 30, 32, involved or personally at fault ( Tarry v.
34, 37 ; Juries Act, 1870 (33 & 34 Vict. Ashton , L. R. 1 Q. B. Div. 314 ). The like
c. 77). rules apply as between a principal con
See titles JURY ; PANEL. tractor and his sub -contractor ; and the
latter has no privity of contract with the
STRIKING OUT PLEADINGS. Either primary individual who engages the pria
party to an action may, upon motion, obtain cipal contractor ( Venables v. Smith, 2 Q.B.
an adverse order against the other party to Div. 279 ; Pearson v. Cox, 2 C. P. D.
strike out or amend anything in the ad 369; Bridges v . North London Railway,
verse pleading that ought to be amended L. R. 7 H. L. 213).
or struck out, either as being scandalous, SUBINFEUDATION . The system which
embarrassing, dilatory, or otherwise preju. the feudal tenants introduced of granting
dicing the fair and speedy trial of the smaller estates out of those which tbey
action (Order XXVII .) ; e.g., vague allegations held of their lord , to be held of themselves
of title put forward by a plaintiff, who as inferior lords ; and as the system was
has never been in possession of the land proceeding downwards ad infinitum, and
claimed ( Phillips v . Phillips, 4 Q. B. Div . deprived the lords of their feudal profits of
127 ). wardships, marriages, and escheats, which
STRODES CASE : See title FREEDOM OF fell into the hands of these inesne, or
SPEECH . middle, lords, who were the immediate
superiors of those who occupied the land,
STRONG HAND. The words “ with a provision was made in the thirty - second
»
strong hand ” imply a degree of criminal chapter of Magna Charta, 9 Hen . 3, pro
force, whereas the words with force and hibiting any man either to give or sell his
arms " (vi et armis ) are mere formal words land without reserving sufficient to answer
in the action of trespass, and the plaintiff the demand of liis lord, and ultimately, by
is not bound to prove any force. The the stat. Quia Emptores, 18 Edw. 1 ( Statute
statutes relating to forcible entries use of Westminster the Third), c. 1 , subinfeu
these words, “ with a strong band ,” as de dation was entirely suppressed, and instead
scribing that degree of force which makes of it alienation in the modern sense was
an entry or detainer of lands criminal iutroduced , so that thenceforth the alienee
( Rex v. Wilson, 8 T. R. 362, 363 ; per held of the same chief lord and by the same
Lawrence, J., Lowe v. King, 1 Saund. 81 ; services that his alienor before him held .
Harvey v. Brydges, 14 M. & W. 440, per See title ALIENATION .
Parke, B.). SUBJACENT SUPPORT : See title Sop
See title FORCIBLE ENTRY.
PORT, RIGHT OF.
STUFF GOWN . Is the professional SUBMISSION : See next title.
robe worn by barristers of the outer bar,
viz., those wbo have not been admitted to SUBMISSION TO ARBITRATION . The
the rank of Queen's counsel. submitting matters in difference between
See title Silk Gown. parties to the award or decision of an arbi
trator, and also the bond by which the
SUB -AGENT. The relation of a sub parties bind themselves to abide by the
agent towards the agent, is that of an award of the arbitrator, are commonly
ordinary agent to his principal, excepting called the submission or submission bond.
that the agent regarded as a principal has A submission to arbitration may (when in
of necessity powers limited by his agency, writing) be and commonly is made a rule
SUBMISSION TO ARBITRATION - con- SUBPCNA, WRIT OF - continued .

tinued . their possession , and which may tend to
of one of the superior Courts ; and thereby elucidate the subject-matter of the trial,
the award may (if necessary) be enforced and which are thence called subpoenas
in a summary manner, or such other appli- duces tecum .
cation as the circumstances require may be SUBROGATION . In French Law de
made to the Court regarding it.
notes the putting a third person who has
SUB -MORTGAGES . When a mortgagee paid a debt in the place of the creditor to
borrows money upon the security (or any whom be has paid it, so as that he may
part of the security ) held by himself to exercise against the debtor all the rights
secure the loan made by himself, he effects which the creditor if unpaid might have
what is called a sub-mortgage. For ex- done. It is of two kinds, -either ( 1.) Con
ample, an equitable mortgagee by deposit ventional, or (2.) Legal, the former being
may deposit with any third person by way where the subrogation is express by the
of securing an advance made by the latter acts of the creditor and the third person ,
to himself all or any of the title deeds the latter being (as in the case of sureties)
deposited with him by the original mort- where the subrogation is implied by the
g4gr. law .
SUBORNATION OF PERJURY . The See title SURETYSHIP.
offence of procuring another to take such SUBSCRIBING WITNESS. He who
a false oath as would constitute perjury in witnesses or attests the signature of a
the principal. To render the offence of party to an instrument, and in testimony
subornation of perjury complete, either at thereof subscribes his own name to the
Common Law or on the statute, the false document.
oath must be actually taken, and no abor SUBSEQUENS MATRIMONIUM TOLLIT
tive attempt to solicit the party to take it PECCATUM PRÆCEDENS. Means lite
will bring the offender within its penalties rally that a legal marriage contracted sub
( 3 Mod . 122). The pupishment is the same sequently to sexual intercourse between
as for perjury, viz ., fine or penal servitude
for not more than seven por less than five the parties thereto removes the previous
legal blemish in the status of the offspring
years (3 Geo. 4, c. 114 ; 20 & 21 Vict. c. 3 ; conceived of such intercourse, and born
27 & 28 Vict. c. 47 ). prior to the marriage. This maxim held
See title PERJURY.
good in Roman Law, holds good in Scotch
SUB - PLEDGES : See title PLEDGE. Law , but is bad in English Law .
See title LEGITIMATION .
SUBPENA AD TESTIFICANDUM : See
title SUBPENA, WRIT OF. SUBSEQUENT CONDITIONS : See title
Conditions, PRECEDENT AND SUBSEQUENT.
SUBPENA DUCES TECUM : See title
SUBPENA, WRIT OF. SUBSIDY. An extraordinary grant in
the nature of a tax, aid , or tribute granted
SUBPENA, WRIT OF. A writ by by Parliament to the King to meet the
which persons are commanded to appear at exigencies of the state .
a certain place, at a certain time, under a See title Taxation, HISTORY OF.
penalty of £ 100 . This writ is used both in SUB -SOIL : See titles EASEMENTS, sub
the Courts of Chancery and in the Courts
title SUPPORT ; MINES AND MINERALS.
of Common Law, and is applied to various
purposes. The subpoena most frequently SUBSTITUTED SERVICE. Where per
in use in Chancery procedings was that sonal service of the writ of summons for
by which parties were commanded to commencing an action in the High Court
appear in Court, and answer the plaintiff's can be effected , but for some reason or
bill, and which was thence called a sub- other cannot be promptly effected (W. N.
pæna to appear and answer. This sub- 1875, p. 202 ), the plaintiff must obtain
pona was, however, abolished by the Juris- from the Court or a judge (i.e. , by motion
diction Act, 1852. There are, however, in Court or by summons at chambers) an
other subpoenas still in use, those of most order for substituted or other service, or
frequent occurrence being two, viz. ( 1.) for the substitution of notice for service
Those used for the purpose of compelling (Order ix., 2). Such order is to be ob
witnesses to attend in Court to give their tuined upon an affidavit, or affidavits,
testimony on a trial, and which are thence shewing sufficient grounds for it (Order x .),
called subpoenas ad testificandum ; (2.) and in particular that thedefendant is in
Those used for the purpose not only of present communication with the proposed
compelling witnesses to attend in Court, substitute, or (as the case may be ) that
but also requiring them to bring with the notice proposed to be given will come
them books or documents which may be in under his observation.
SUBSTITUTIO HÆREDIS. In Roman SUBTRACTION — continued .
Law , it was competent for a testator after the remedy (viz ., the recovery of the tithes
instituting a Hæres ( called the Hæres or their equivalent) might properly be bad
Institutus) to substitute another called in the Ecclesiastical Court. But any dispute
the Hæres Substitutus) in bis place in a as to tithes in their original form is now
certain event; if the event upon which rare, that species of property having been
the substitution was to take effect was in the great majority of parishes already
the refusal of the instituted heir to accept commuted into a corn rent-charge, under
the inheritance at all, then the substitu the provisions of the Tithe Commutation
tion was called vulgaris (or common) ; but Act (6 & 7 Will. 4, c. 71 ) (2 Roll, Abr.
if the event was the death of the infant 309).
(pupillus) after acceptance and before at (3.) Subtraction of conjugalrights , -is the
taining his majority (of fourteen years if withdrawing or withholding by a husband
a male, and of twelve years if a female ), or wife of those rights and privileges which
then the substitution was called pupillaris the law allows to either party, in respect
(or for minors ). of the personal society of the other. This is
SUBSTITUTIONAL OR ORIGINAL. In an offence peculiarly within the cognizance
the construction of wills , it is frequently formerly of the Ecclesiastical Courts, and
matter of difficulty to decide whether a now of the Court for Matrimonial Causes ,
legacy or devise is substitutional or is and the party injured seeks redress by
original, —the importance of the question bringing à suit to recover those rights of
consisting sometimes in the avoidance of which he or she has been deprived, called
a lapse of the gift, sometimes in the deter a suit for the restitution of conjugal rigbts.
mination of the proportions of benefit to Thus, where the husband leaves his wife,
be taken by the beneficiaries, and the like and lives separate from her, without any
(5 Ch . Div. 494 ; 7 Ch . Div. 665). sufficient reason, the Court in question will
See titles LAPSE ; Wills. compel him to return to cohabitation .
(4.) Subtraction of legacies,—is the with
SUBTRACTION . Is the offence of with holding or detaining of legacies by an
holding (or withdrawing ) from another executor ; and as such act deprives the
man what by law he is entitled to . There legatees of the benefit which the law gives
are various descriptions of this offence, of them , and which the testator intended
which the principal are the following : them to have, it is an offence of which the
( 1. ) Subtraction of suit and service , Courts of Equity take notice .
is a species of injury affecting a man's real (5. ) Subtraction of church-rates,-con
property, and consists of a withdrawal of sists in the refusal to pay the amount of
(or a neglect to perform or pay ) the fealty, rate at which any individual parishioner
suit of court, rent, or customary services, has been assessed for the necessary repairs
reserved by the owner of the land to him. of the parish church ; and this is cognizable
self when he lets or leases it to another. by the Courts Ecclesiastical ( Roger's Ecc.
For this reglect of duty on the part of the Law , 983–999 ; 1 Curt, 375 ; 4 Ad. & E.
tenant the law gives the landlord the 423 ; 1 Curt. 345 ; 12 Ad. & E. 233, 265 ;
peculiar remedy of distress ; but the real 1 Atk. 516 ; 2 Mad. 251).
remedies formerly in use for rent in arrear,
and for subtraction of suit and service, SUBTRACTION OF CHURCH RATES :
were abolished by the stat. 3 & 4 Will. 4, See titles CHURCH RATES ; BUBTRACTION .
c. 27, and the only actions which now lie
are personal actions. For the neglect to SUBTRACTION OF CONJUGAL RIGHTS :
perform any customary service, such as the See titles CONJUGAL Rights, RESTITUTION
refusal to grind corn at the landlord's mill , or ; SUBTRACTION.
an action on the case will lie to compensate SUBTRACTION OF LEGACIES : See
the party injured in damages (2 B. & C. title SUBTRACTION.
827).
(2.) Subtraction of tithes , -is the with SUBTRACTION OF SUIT OR SERVICE :
holding from the parson, whether he be a See titles SERVICES ; SUBTRACTION ; SUIT
clergyman or a lay impropriator, or from OF COURT.
the vicar, the tithes to which he is entitled,
and this was an offence cognizable in the SUBTRACTION OF TITHES : See titles
Ecclesiastical Courts ; for though those SUBTRACTION ; TITHES.
Courts had no jurisdiction to try the right
of tithes (unless between spiritual persons), SUCCESSION . The act of succeeding to
yet where only the fact, whether or not the the Crown or to property is occasionally so
tithes allowed to be due were really sub. called ; and a succession may be either a
tracted or withdrawn, was in dispute, this universal one (e.g., to an entire inheritance )
was a personal transient injury, for which or a particular one (e.g., to any particular
SUCCESSION_continued 513
.
SUCCESSION DUTY - continued .
gift, office, or the like). The person
succeeding is called the successor. duty is to be paid all at once on the value
of the annuitant's interest calculated as
SUCCESSION DUTY . This is a duty afo
parres aid ACY
e LEG TY.Vic
DU17
( 16 & e of (aCo
51 , s.cas32).
) t.Inc. the gifmt
varying from one to ten per cent., payable of personal property producing income to
under the stat. 16 & 17 Vict. c . 51 , in several persons in succession, a .) If all
respect chiefly of real estate and leasehold
, the successors are chargeable with the
but generally in respect of all propertys same rate of duty, the whole duty is pay
alr
(not eady cha rge able with legacy duty ) able at once for the capital of the fund ;
devolving upon any one in consequence and (6.) If the successors are chargeable
of any death, where such devolution takes with different rates of duty, the duty is to
place after the nineteenth ( 19th ) dayofMay, be calculated and paid upon each succes
1853, and where the person becoming en- sive partial interest in the same manner
titled under it is not a purchaser for value as if the same were an annuity, and last of
( 16 & 17 Vict. c . 51, s. 2, as modified by all upon the ultimate interest (being the
ss. 7 and 17 ). The duty is to be paid absolute interest), in the same manner as if
at the time the successor comes into pos- the same were an immediate gift of the
session or into the receipt of the rents capital ( 16 & 17 Vict. c. 51, s. 32) . ( Com
or income of the property ( Re Hillas, pare LEGACY Duty .) In the case of suc
Ir . Jur . 36), and, therefore, in the case cessors in joint tenancy, each is chargeable
of reversionary property, not until the at his own rate of duty, in the first in
same falls into possession by natural stance, upon his then share, and afterwards
causes only. In case the reversionary (if it should happen ) upon his accrued
property should devolve under several share. ( Compare LEGACY DUTY.) In the
wills or intestacies before it falls into case of money directed to be laid out in
possession, a single duty only is payabl the purchase of lands, see LEGACY DUTY
but that duty is to be at the highese,t under that head. In the case of successors
rate of the several successions ( 16 & 17 to real property, each successor, whether
Vict. c. 51, s. 14 ). (Contrast LEGACY Duty.) for life or in fee, is chargeable at his own
If any succession is not wholly obtained rate of duty upon the value of his life inte
by the successor in the first instance, the rest, as if the same were an annuity for
duty may be paid on the value of the part his life, and such duty is payable by eight
from time to time obtained, such value to half-yearly instalments,—the first thereof
be estimated as the property exists at the at the end of one year ; but a successor for
time it is obtained, and not at the time of life only, if he should die before all these
the death ( Att .-Gen . v. Cavendish, Wigh. 82). instalments are due , pays no more, while
( Compare LEGACY DUTY .) If the succession on the other hand a successor in fee, if he
is a gross sum (not being real or leasehold should die in like manner , remains charge
estate) vesting at once in the legatee, then, able with the unpaid instalments. But
whether the same be or not given over on corporations stand upon a different footing
a contingency, duty on the whole amount in this respect ( 16 & 17 Vict. c. 51 , ss. 16–
is payable all at once, with a right to be 17 ) . No succession duty is payable upon a
recouped any over-payment in case the gift fund which is specially provided for the
over takes effect, in which case the suc- payment of duty— “ no duty upon duty ”
cessor -over becomes chargeable with the ( 16 & 17 Vict. c . 51, s. 32 ). (Compare
same, or at a higher rate, if his rate LEGACY Duty ). In the case of legacies
should be higher than that of the first which are subject to powers of appoint
legatee ( 16 & 17 Vict. c. 51, s. 36) ( compare ment, it is provided by 36 Geo. 3, c. 52,
LEGACY DUTY); but if the succession is not 8. 18, as follows: (1.) Where the power is
a gross sum, but an annuity for life or for limited , · both the appointees and the per
years, then, whether the same be or not sons taking interests, either prior or subject
charged upon some other succession, and to such power, are chargeable ; and (a.) If
whether the same be or not given over on the rate of each legatee is the same, the
a contingency, duty is payable on the value duty is payable at once upon the capital of
only of the annuitant's interest calculated the fund ; but (b.) If the rates of the seve
according to the tables of the Act 16 & 17 ' ral parties are different the duty payable
Vict. c. 51, and is to be paid by four suc- by each is calculated as for an annuity.
cessive annual instalments, such instal- (2.) Where the power is general - (a.) If
‫کهبه‬ ments being payable with the four first the appointor is entitled in default of
successive payments of the annuity itself, appointment, the appointor pays the duty,
with a right to be recouped any over pay- as upon an absolute gift to him ; and ( 6.) ÍÉ
ment in case the gift over takes effect ; but the appointor is not entitled in default, the
in the case of a direction to purchase an rule is the same, whether he takes or not
annuity, or of a perpetual annuity , the any interest prior to the power, but the
0:17
2 L
SUCCESSION DUTY - continued . SUCCESSION TO CROWN, LAW OF
appointor in this case only pays in case he continued .
should appoint, and only at the time he also made various purported devises thereof
does appoint ( 16 & 17 Vict. c. 51, s. 4). in the 28th , 32nd, and 35th years of his
reign, under enabling statutes passed in
SUCCESSION TO CROWN, LAW OF. those years, in such manner as that the
The law of succession in Anglo-Saxon same should descend upon his decease
times was a mixture of the hereditary otherwise than the law of inheritance
with the elective principle , the Crown pointed out, that is to say , to the issue of
descending within the royal family, but Anne Boleyn (i.e , Elizabeth ) in exclusion
not invariably to the individual pointed of the issue of Queen Catharine (ie,
out by the strict rules of descent; for in Mary ) , and subsequently to his son by
very many instances the Wittenagemote Jane Seymour (i e., Edward VI.), with
seems to have approved as a successor an remainder to the issue of the younger
able uncle in preference to the infant son daughter of Henry VII. (i.e., Mary of
of his brother, e.g., Alfred excluded the son Suffolk , his sister) in exclusion of the
of his brother Ethelred , and Athelstan issue of the elder daughter of Henry VII .
(although illegitimate ) excluded the sons (i.e., Margaret of Scotland , his sister ). It
of bis brother Edward the elder ; and is noteworthy, however, that all those
again , the sons of Edmund I. were post attempts to alter the hereditary line of
poned to their uncle Edred , and in their descent proved ineffectual, and that upon
turn they excluded the sons of Edred . the death of Henry VIII . the Crown
The frequency of these instances proves descended successively to Edward VI.,
that the principle of election was as strong Mary, and Elizabeth, and afterwards to
as that of hereditary descent, if, in fact, James I. , who was the great-grandsin
the elective principle was not the stronger of Margaret, according to the strict prin
of the two. ciples of primogeniture and representation,
This mode of succession survived into and notwithstanding that there were at the
the Anglo -Norman times, although the time of each descent persons in existence
elective principle was then much impaired . who might have claimed under the various
Thus, upon the death of William I. , his capricious devises before mentioned .
second son William succeeded in exclusion However, although the principle of here
of the first son Robert; and again, upon ditary succession to the Crown is now , and
the death of William II ., his brother has long been, well established , still that
Henry I. succeeded, in exclusion also of principle is, or appears at any rate to be,
Robert. Subsequently, however, the rules subject to the constitutional maxim esta
of descent became fixed and strictly here blished at the Revolution of 1688, namely,
ditary. It is true that John , who was the that the two Houses of Parliament may,
fifth son of Henry II., excluded his elder with the consent of the people, but only
brother Geoffrey's son Arthur, but John for reasons of overwhelming sufficiency, set
appears to have done so with difficulty, aside or pass over the strict heir, and resort
and by means of artifice, for he claimed to the old principle of election within the
under a devise of the Crown from Richard royal family, and may even settle the
I., who was elder than Geoffrey, it being descent of the Crown by Act of Parliament,
probably at that epoch a moot point whe as was done , for example , in the Bill of
ther the Crown was or not devisable . Rights, 1689, and again in the Act of
However, upon the death of John the Settlement, 1701, the present Brunswick
Crown descended upon Henry III., al dynasty holding, and claiming to hold,
though he was a minor of nine years or so , only under the last -mentioned Act.
and the subsidiary principle of a regency See titles BILL OF RIGHT8 ; REGENCIES ;
(under the Earl of Pembroke) was resorted SETTLEMENT, ACT OF.
to ; so that the law of hereditary succession SUCCESSORS : See titles PREDECESSOR ;
to the Crown appears by a somewhat natu SUCCESSION ; SUCCESSION DUTY .
ral coincidence to have become established
at the same time and in the same reign SUE. To prosecute by law ; to com
that the principles of primogeniture and mence legal proceedings against a party,
representation were established in the It is applied almost exclusively to prose
matter of the succession to real property. cuting a civil action against one. He who
The Crown of gland has since de has process issued against him is said to
scended according to the strictest rules of be sued .
primogeniture and representation. How
ever, the doctrine of the king's capacity to SUFFERANCE, TENANT AT. A tenant
devise the Crown was revived in the reign at sufferance is he who holds lands or
of Henry VIII., that monarch having tenements by the implied permission of
attempted to devise the Crown , and having the owner. Thus, if a man takes a lease
A NEW LAW DIOTIONARY. 515
SUFFERANCE, TENANT AT - contd . SUGGESTIONS, ENTRY OF, ON THE

for a year, and after the year is expired ROLL - continued .
continues to hold the premisos without any Courts at Westminster ; and this practice
fresh leave of the owner, he is called a remains practically unaffected by the Judi
tenant at sufferance, and the estate which cature Acts, 1873-5 .
he so continues to hold is then called an
estate at sufferance. And generally, a SUICIDE : See titles FELO DE SE ; HOMI.
OIDE .
tenant at sufferance is one who comes in
by right and holds over by wrong, i.e., SUI JURIS. Means, of full legal capa
without right (Rouse's Case, Tud. Cony. 1). city ; and is used in English Law in con
SUFFERING A RECOVERY . A reco tradistinction to persons under any of the
various disabilities of infancy, coverture,
very was effected by the party wishing to lunacy, or the like. As used in Roman
convey the land suffering a fictitious action Law , it was opposed to the phrase alieni
to be brought against him by the party to
whom the land was to be conveyed (the juris, and meant persons out of the potestas
demandant), and allowing the demandant (of afather ormaster) as opposed to persons
to recover a judgment against him for the subject to such potestas (alieni juris).
land in question . The vendor, or convey- SUIT. This word originally signified
ing party, in thus assisting or permitting the number of persons or witnesses which
the demandant so to recover a judgment aplaintiff produced to establish the truth
against him was thence technically said to of the allegations made in his declaration ;
“ suffer a recovery." and this practice of producing a suit gave
See title RECOVERY, COMMON . rise to the ancient formula once almost
SUFFRAGAN . Bishops who in former invariably used at the conclusion of a
times were appointed to supply the place declaration , et inde producit sectam (and
of others during their absence on embassies therefore he brings his suit) (Steph . Pl.
or other business were so termed, because 461). Its more modern meanings are prin
they were said to help or assist (suffragari) cipally the two following : ( 1.) Suit of
the bishop when incapacitated by his other Court, i.e., service to the lord ; and (2.)
duties. They were consecrated as other Suit, i.e., action at law , or in Equity.
bishops were, and were anciently called SUIT OF COURT. This phrase denoted
“ chorepiscopi, or bishops of the county," the duty of attending the Lord's Court,
in contradistinction to the regular bishops and, in common with fealty, was and is
of the city or see. The practice of creating one of the incidents of a feudal holding.
suffragan bishopsafter having long been dis
continued was recently revived ; and such SUIT IN EQUITY : See title BILL IN
CHANCERY .
bishops are now permanently “ assistant ”
to the bishops. SUIT OF THE KING'S PEACE . The
SUGGESTIO FALSI : See title MISREPRE- pursuing a man for breach of the king's
SENTATION . peace by treasons, insurrections, or tres
passes (Cowel).
SUGGESTIONS, ENTRY OF, ON THE See titles HUE AND CRY ; WATCH AND
ROLL. In actions at law, whenever under WARD .
any Act of Parliament or otherwise , a
person not a party to the record was to be SUIT AT LAW : See title ACTION AND
affected by a judgment,or where the judg- Suit ,
ment upon the record was to be such as SUITORS' DEPOSIT ACCOUNT. Moneys
would not be ordinarily warranted by the in the Chancery Division of the High
previous proceedings on the record , the Court paid in by suitors either before or
proper course was to enter a suggestion on after the 7th of January, 1873, are placed
the roll, so that the party to be affected by
on deposit ; and all moneys paid in after
it might demur if he thought the facts the last-mentioned date are placed on such
suggested insufficient in point of law, or deposit without any application or request
plead, if he meant to deny them . Under for that purpose, and when so placed on
the C. L. P. Act, 1852, and the Jurisdiction
deposit bear interest at the rateof £2 per
in Chancery Act, 1852, this entry of sug. cent. per annum , together with income tax
gestions was made by order of the Court to (if any) chargeable thereon (35 & 36 Vict.
be obtained upon motion supported by an c. 44, s. 14), unless such moneys are other.
affidavit of the circumstances occasioning wise invested under any general or parti
the necessity for the suggestion ; the entry cular order of the Court.
was made with the record and writ clerks See title SUITORS' FUND IN CHANCERY .
in Chancery matters in the Book of Causes ;
and in Common Law matters it was made SUITORS' FEE FUND. Is or was only
with the associates of the then superior a receipt and expenditure fund
2 L 2
in the
BUITORS' FEE FUND — continued . SUMMARY CONVICTIONS - continued .

Court of Chancery , arising partly from the like, may be summarily dealt with, if
the surplus interest accruing on either the magistrates think fit ; and so likewise
head of the Suitors' Fund in Chancery adults, but with their consent only. The im
(see that title ), and partly from other prisonment for juvenile offenders is not to
moneys of the Court, and partly from the exceed three months, and for adults is not to
fees and other current revenue of the exceed six months. And the Act empowers
Court, and from the brokerage paid by the magistrate to discharge the accused ,
the broker of the Court. By the stat. where the offence (although technically
32 & 33 Vict. c. 91 , it has been transferred proved ) is of a trivial character, such dis
( together with all like growing moneys ) charge being usually upon terms ( s. 16 ).
to the Treasury on the indemnity of the Appeal from any such summary conviction
public; but the Court still has on hand at lies to the general or quarter sessions ( s. 19 ),
all times for the purposes of the Court a The Summary Jurisdiction Act, 1879,
sum not exceeding but averaging £500,000. appears to be in aid of the stat. 11 & 12
SUITORS' FUND IN CHANCERY was Vict. c. 43 (relating to summary convic
a fund standing in the name of the Ac tions before justices and their orders ), and
to be in partial substitution for the stat.
countant -General of the Court of Chancery, 18 & 19 Vict. c. 126 (also relating to the
and arising partly from the investment by like summary convictions and orders ); and
the Court at its own risk of the moneys
it wholly repeals the last-mentioned Act,
(or a large part of the moneys) paid into except ss . 18, 20, 22, 23, and 24 thereof,
the name of the Accountant-General by none of wbich are material to the present
the suitors of that Court, and partly from title .
the investment of the surplus interest ( after See title SUMMARY JURISDICTIONS.
payment of expenses) upon such moneys. SUMMARY JURISDICTIONS. These
There were two principal accounts kept
at the Bank of England by the Accountant jurisdictions are usually the justices or
General of Chancery with regard to the magistrates. The Summary Jurisdiction
Suitors' Fund, one intituled “ Account of Act, 1879 (42 & 43 Vict. c. 49 ), enlarges
the moneys placed out for the benefit and the powers and discretions of magistrates
better security of the suitors of the High exercising summary jurisdiction, and gene
Court of Chancery,” and the other, “ Ac rally amends the procedure before them .
count of securities purchased with surplus Frequently penalties imposed by such Acts
interest arising from securities carried to as the Public Health Act for infringements
an account of moneys placed out for the of their provisions are made recoverable
benefit and better security of the suitors of before a summary jurisdiction ; and the
the High Court of Chancery.” Now, how Act of 1879 makes all such penalties civil
ever, under the stat. 32 & 33 Vict. c . 91 debts merely .
See title SUMMARY CONVICTIONS.
(Courts of Justice Salaries and Funds Act,
1869 ), the entirety of the moneys standing SUMMARY PROCEDURE , BILLS AND
to either of such accounts has been trans NOTES : See title BILL OF EXCHANGE
ferred to the Treasury in trust for the ACTION ON.
public and on their indemnity. The SUMMARY PROCEEDINGS IN AN
moneys paid into Court, and which remain ACTION. The formal procedure is the
the property of the suitors (as opposed to regular de cursu procedure in an action
those fundswhich are or were the property
of the Court itself ) have not been so trans
properly so called . It rarely happens, how
ever, that the formal procedure alone is
ferred, but are payable ( with the dividends used in an action ; more often , and, in fact,
thereon ) to the parties upon certificate almost always, many incidental proceed.
and by order of the Paymaster-General by ings intervene in the progress of every
the stat. 35 & 36 Vict. c. 44, substituted for action from its commencement to its con
the old Accountant -General. clusion, such incidental proceedings being
SUMMARY CONVICTIONS. Under the necessitated by various occasions arising in
Summary Jurisdiction Act, 1879 (42 & 43 the action, and being disposed of in an
Vict. c . 49), children charged with any expeditious and less formal or informal
indictable offence (other than homicide) manner, whence these latter proceedings
may, unless the parent or guardian objects, are commonly designated and classified
be summarily tried, and convicted or dis togetheras the summary procedure in the
charged ; but the imprisonment is not to action. Each of the Divisions of the High
exceed one month , and the fine is not to Court exercises also a large summary juris
exceed forty shillings. Also, juvenile diction, upon petition , motion , and "sum
offenders (i.e., persons appearing to be mons, independently of the pendency of
between twelve and sixteen years of age ) any action, and solely by virtue of certain
charged with larceny, embezzlement, and statutory provisions in that behalf.
SUMMONS . The process used for SUMMONS, WRIT OF - continued .

party i
peace on summary conviction is termed a
claim , either for unliquidated damages or
for any declaration of rights or other
summons . It is to be distinguished from general remedy, or expressly for an account
a warrant, the latter instrument authoriz or other matter incidental or ancillary to
ing the apprehension of the accused , which the more substantive relief claimed.
a summons does not do. See titles INDORSEMENTS UPON WRIT ;
See title WARRANT. ISSUE OF WRIT ; NOTICE IN LIEU OF
SUMMONS AND ORDER. In the pro SERVICE ; SUBSTITUTED SERVICE, &c.
gress of an action, it frequently becomes SUMMUM JUS SUMMA INJURIA .
necessary to obtain the order of the Court Means literally that the strictest exaction
upon some matter of minor importance ; of one's legal rights is the supremest intlic
and as such matters are of very frequent tion of injury upon others,-a maxim which
occurrence, it would be inconvenient in had some application perhaps before the
many respects to permit the party seeking fusion of Law and Equity, but which has
such an order to make an application for none since then. Probably, the maxim was
the same in open Court; in consequence one of the reasons which assisted in the
of which, one or more of the judges usually original development of Equity as a sub
sit at chambers daily or on particular days, stantive separate jurisdiction,
for the purpose of hearing and disposing
of such minor matters. The party who SUMPTUARY LAWS. Laws made for
wishes to obtain a judge's order at chambers restraining excess of expenditure in clothes
must usually summon the attorney or agent and apparel, &c. (Cowel).
of the opposite party before the judge, SUNDAY. Is a dies non juridicus. Also,
which he does by obtaining a judge's sum- contracts made on Sundays by persons in
mons, and serving it on such opposite their usual trades are invalid under the
party , which summons requires him to stat. 29 Car. 2 , c. 7 (Bloxsome v. Williams,
attend before the judge at a specified time, 3 B. & C. 232). The statute applies to
to shew cause why the party applying for “ tradesmen, artificers , workmen ,labourers,
the order should not have it granted him and other persons whatsoever " ; but it
(2 Arch. Pract. 1598). does not extend to people not falling
See title CHAMBERS. within these categories, e.g., to a stage
SUMMONS TO PARLIAMENT : See titles coach owner ( Sandiman v. Brench, 7 B. &
BARONY ; New Writ ; PEERAGE. C. 96) :; and works of necessity are expressly
excepted from the statute . Also, under
SUMMONS, or MOTION, or PETITION. the stat. 21 Geo. 3, c. 49, penalties are
These are the three modes of obtaining | imposed for the breach of Sunday obser
interlocutory orders or judgments,-the vance, but same may be remitted under
summons being at chambers, the motion the stat. 38 & 39 Vict. c. 80 (Girdlestone v.
being (usually) in Court, and the petition Brighton Aquarium Co., 3 Exch . Div. 137).
also being ( usually) in Court. SUNDAY OBSERVANCE : See titles
See titles MOTIONS, VARIETIES OF ;
PETITIONS IN CHANCERY ; SUMMONS QUI TAM ACTIONS ; SUNDAY.
AND ORDER . SUPERFICIES . In Roman Law was a
SUMMONS, WRIT OF . The writ or right to the perpetual enjoyment of any
process used for the commencement of an thing built upon land, on payment of an
action . It is a judicial writ (i.e. , a writ annual rent ( pensio ). The Superficiarius
issuing out of the Court in which the had (subject to such payment) the enjoy
ment and use of the subject-matter ( utendi
defendant is to be sued ), and is witnessed fruendi); also the right of alienating,
in the name of the Lord Chancellor, and pledging, or burdening it with servitudes.
is directed to the defendant, whom it com : See titles CONDOMINIA ; EMPHYTEUSIS.
mands to appear in Court at the suit of
the plaintiff. By the C. L. P. Acts, 1852 SUPERFLUOUS LANDS. When lands
and 1854, six general forms of this writ have been taken by compulsion by a public
were provided ; but now, under the Judi. company under the Lands Clauses Act,
cature Acts, 1873-5, and the orders and 1845, or the company's special Act, or
rules thereunder, the following are the under both Acts, and any portions thercof
varieties of writs of summons that are prove to be or become superfluous, i.e., not
available for the commencement of an required for the purposes of the company's
action : undertaking, the company is required to
( 1.) A writ specially indorsed under dispose of such superfluous lands within
"Order 111., 6, with the particulars of a debt the period prescribed for that purpose, or
or liquidated dainages ; else within ten years after the time pre
( 2.) A writ indorsed with any other scribed for the completion of the works ;
SUPERFLUOUS LANDScontinued . SUPERSTITIOUS USES continued .
and failing such disposition thereof, the Dissenters, of Roman Catholics, and of Jews
lands are made to vest in the adjoining were all deemed contrary to the national
owners in proportion to their respective worship more or less ; but Dissenters were
adjoining lands. The person who was relieved of this interpretation by the
owner prior to the company's compulsory Toleration Act, 1689, Roman Catholics by
taking of the lands has, however, a right the stat. 2 & 3 Will . 4, c . 115 , and Jews
and the first right of pre-emption , and after by the stat. 9 & 10 Vict. c. 59 ; neverthe
him the adjoining owners ; and the offer less, the relief afforded by these statutes
of the right of pre- emption must be accepted does not extend to authorize gifts for
within six weeks after it is made. But superstitious uses, such as for saying
these provisions do not extend to lands masses for the dead ( In re Blundell, 30
(otherwise superfluous) situate within a Beav. 360 ),--an egregiously inconsistent
town, or used for building purposes (Car- condition of the law .
ington v. Wycombe Ry. Co., L. R. 2 Eq. See title CHARITABLE USES ; also, titles
825 ; 3 Ch . App. 377 ). DISSENTERS ; Jews ; Non -CONFORM
ISTS ; and ROMAN CATHOLICS.
SUPERIOR COURTS. The Courts of
the highest and most extensivejurisdiction , SUPERVISION , WINDING -UP UNDER .
viz., the Court of Chancery and the three As regards companies registered under the
Courts of Common Law, i.e. , the Queen's Companies Act, 1862, when a resolution
Bench , the Common Pleas, and the Ex- has been passed by a company to wind up
chequer, which sit in Westminster Hall, voluntarily, the Court may, on petition,
were commonly so termed (4 Steph. Pl . 368, make an order directing that the voluntary
369, 5th ed .; Peacock v. Bell, 1 Saund, 73 ; winding -up should continue, but subject to
12 Ad . & E. 256 ; 4 Ad. & E. 433, 446 ). such supervision of the Court, and with
See titles COURTS OF JUSTICE ; INFERIOR such liberty for creditors, contributories,
COURTS. or others, to apply to the Court, and gene
rally upon such terms and subject to such
SUPERIOR AND VASSAL : See title conditions as the Court thinks just; and
LORD AND VASSAL. wherever an order is made for a winding
up subject to the supervision of the Court,
SUPERSEDE. To stay, stop, interfere the liquidators appointed to conduct such
with, or annul ; e.g., to supersede the pro winding-up may, subject to any restrictions
ceedings in outlawry, or in bankruptcy, or imposed by the Court, exercise all their
in lunacy, &c. powers, without
See title SUPERSEDEAS, WRIT OF. tion of the Court,the sanction
in the or interven
same manner as if
SUPERSEDEAS, WRIT OF . A writ the company were being wound up alto
which lies in various cases to supersede gether voluntarily.
See title WINDING -UP ORDER.
some legal process, e.g., to supersede an
inquisition (or the order made upon an SUPPLEMENTAL BILL. In a suit in
inquisition) of lunacy ( Elmer's Lunacy Chancery, it frequently happened that new
Practice, 5th ed., 81 , 82 ) ; also, e.g., to matter arose or was discovered after the
supersede an execution or a judgment of filing of the original bill in the suit, or
outlawry (2 Chitty's Arch . 1317, 1340, &c.). that some of the parties acquired a new
interest, or that new parties acquired an
SUPERSTITIOUS USES. What these interest in the matter in question ; all
are depends partly on the Common Law, which matters had to be brought to the
wbich renders it incumbent on the Crown to knowledge of the Court upon the pro
prevent the propagation of aa false religion , ceedings. Now it occasionally happened
and partly upon particular statutes, being that some of these objects might be accom
principally the following : plished by amending the bill; but after
(1.) 23 Hen. 8, c. 10, assurances of lands the parties were at issue, and witnesses
to uses to have obite perpetual, or a had been examined in the suit, the bill
continual service of a priest for could not usually be amended , and there
ever ; fore the defect was in such a case supplied
(2.) 1 Edw. 6, c. 14, lands given to the by means of what was termed a supple
finding or maintenance of any mental bill (Gray's Ch . Pr. 86 ). However,
anniversary or obit, or other like under the modern practice, the necessity
thing, intent, or purpose ; and, for such a bill has now ceased , and the old
(3.) 1 Geo. 1, c. 50, a statute appointing effect thereof may now in general be pro
a commission to inquire into and duced by amendments and an order of
contiscate to the king lands held revivor ; occasionally, however, it may
on superstitious uses. happen that a supplemental statement ( or
At one time the doctrines of Protestant statement of claim) would have to be
SUPPLEMENTAL BILL - continued . SURCHARGE - continued.

delivered or filed, or else a petition pre
sented in the action.
met the supernumerary cattle put in, and shall
also pay damages to the plaintiff.
See titles REVIVOR, BILL OF ; REVIVOR, See title ADMEASUREMENT, WRIT OF.
ORDER OF. SURCHARGE AND FALSIFY . This
SUPPLETORY OATH . In the modern phrase, as used in the Courts of Chancery,
practice of the Civil Law , a less number denotes the liberty which these Courts will
than two witnesses falls short of plena occasionally grant to a plaintiff who dis
probatio ( full proof); the testimony of one putes an account, which the defendant
witness is semi- plena probatio only, on alleges is settled, to scrutinize particular
which no sentence can be founded ; in items therein without opening the entire
order to supply the other half of proof, the account. The shewing an item for which
party himself (plaintiff or defendant) is credit ought to have (but has not) been
examined on his own behalf , and the oath given is to surcharge the account; the
administered to him for that purpose is proving an item to have been inserted
called the suppletory oath, because it sup wrongly is to falsify the account.
See title SETTLED ACCOUNT.
plies the necessary quantum of proof on
which to found the sentence. SUR CUI IN VITâ. A writ that lay for
See titles DECISORY OATH ; QATHS. the heir of a woman whose husband had
SUPPLICAVIT, WRIT OF. A manda aliened her land in fee, and she had
tory writ issuing out of the Court of King's omitted to bring the writ of cui in vitâ for
Bench or Chancery to compel a justice to the recovery thereof; in which case, her
give security of peace to a party who is in heir might have this writ against the
bodily danger. tenant after her decease (Cowel).
See title PEACE, ARTICLES OF THE . SURETY : See title SURETYSHIP.
SUPPLIES . supplies,” in par.
The 66 SURETY OF THE PEACE . This secu
liamentary proceedings signify the sums rity consists in being bound with one or
of money which are annually voted by the more securities in a recognizance or obli
House of Commons for the maintenance of gation to the king entered on record, and
the Crown and the various public services. taken in some Court, or by some judicial
See titles COMMITTEE OF SUPPLY ; officer; whereby the parties acknowledge
COMMITTEE OF WAYS AND MEANS. themselves to be indebted to the Crown in
the sum required ( for instance, £ 100), with
SUPPLIES, APPROPRIATION OF : See condition to be void and of none effect if
title APPROPRIATION OF SUPPLIES . the party shall appear in Court on such a
SUPPORT , RIGHT OF : See title EASE day, and in the meantime shall keep the
peace , either generally towards the king
MENTS, sub - title Support. and all his liege people, or particularly also
SUPPRESSIO VERI : See title CONCEAL with regard to the person who seeks such
MENT IN EQUITY. security. Or if the security be for the good
SUPREMACY , ACT OF. Is the statute behaviour of the party, then on condition
1 Eliz. c. 1 , whereby all foreign jurisdic that he shall demean and behave himself
tions, whether spiritual or temporal, within well (or be of good behaviour) either gene
the realm were excluded , and all spiritual rally or specially, for the time therein
jurisdiction was annexed to the Crown, limited .
which might exercise the jurisdiction by See title Peace, ARTICLES OF THE.
commissioners. SURETYSHIP . This word denotes the
See title High COMMISSION . relation in which one person who is not
SURCHARGE. This word signifies over primarily indebted stands towards two
charge. Thus, surcharge of the forest or other persons, viz., the primary creditor
of common signifies the putting in the whom he further assures in his debt, and
forest or on the common more beasts than the primary debtor whom he assists in
one has a right to put ; and if, after ad obtaining credit. The relation is con
measurement of common , upon a writ of tractual in these respects, viz. , the surety
admeasurement of pasture, the same de agrees with the creditor to pay him , failing
fendant surcharges the common again, the the debtor ; and the debtor agrees to repay
plaintiff may have a writ of second sur the surety the amount which he may have
charge (de secundâ superatione pasture ), by paid on his account to the creditor.
which the sheriff is directed to inquire by The utmost good faith is required from
a jury whether the defendant has in fact all parties to this contract, any concealment
again surcharged the common contrary to or misrepresentation of material facts on
the tenor of the last admeasurement , and 1
the part of the creditor releasing the
if he bas, he shall then forfeit to the king surety ( Pidcock v. Bishop, 3 B. & C. 605 ;
SURETYSHIP — continued . SURFACE : see title SUPERFICIES .
Hamilton v. Watson , 12 Cl. & F. 109). SURMISE . This word commonly de
Whence the surety will be discharged if notes to suspect, conjecture, or suggest. In
the creditor varies the contract with his former times, where a defendant in an
debtor without the surety's privity ; or if action pleaded a local custom - as, e.g. , a
without the surety's consent, he give time custom of the City of London-it was neces
to the debtor, or release or covenant not to
sue the debtor ; but where he me rely cove sary for him " to surmise," that is, to sug:
nants not to sue the debtor, or merely gives gest, that such custom should be certified
time, in either of these cases (but not also to the Court by the mouth of the Recorder,
and without such a “ surmise the issue
in case he release the debtor ) he may was to be tried by the country , as other
reserve his rights against the surety ; and
in that case, the surety will remain bound. issues of fact are (1 Burr. 251 ; Vin. Abr.
246 (G. )).
It seems that the surety cannot compel
the creditor (as in Roman Law , beneficium SURPLUS IN BANKRUPTCY. The
excussionis vel ordinis) to obtain payment bankrupt has not such an interest in a
of his debt from the debtor, or even to try prospective surplus coming from his estate
to obtain such payment in the first in as to maintain an action respecting it
stance ; but he can compel the debtor to (Rochfort v. Battersby, 2 H. L. C. 388) ;
pay the debt when due (Padwick v. Stanley, neither is the trustee in bankruptcy a
9 Hare, 627 ). And in case the surety hus trustee for him ( Re Leadbitter, 10 Ch. Dir.
been called upon to pay, and has paid, the 388), but only for the creditors.
debt, then he is entitled to be re -imbursed
SURPLUS LANDS : See title SUPERFLLOCS
the amount by the debtor, a right which Lands .
is commonly called his right of recoupment.
He has also under such circumstances a SURPLUS MONEYS, IN MORTGAGES.
right to have all securities held by the These moneys are (or may be) directed by
creditor delivered up to him , whether or not the clause in that behalf incidental to the
the same securities, or any of them, are power of sale contained in the mortgage
satisfied by his own payment of the debt deed to be paid to the executors, adminis
(Hodgson v. Shaw , 3 My. & K. 190, and trators, or assigns of the mortgagor, if the
M. L. A. Act, 1856 ); and whether or not sale takes place in his lifetime, and to his
he knew at the time of becoming surety heirs or assigns, if it takes place after his
that the creditor held such securities, a death, —that being, in fact, the devolution
right which was called in Latin the bene of these moneys, which in either event the
ficium cedendarum actionum . law would of itself prescribe. (See also
Where there are two or more sureties Dawson v. Bank of Whitehaven, 6 Ch. Div .
for one and the same debt, they have in 218).
English Law no right (as they had in SURPRISE : See titles ACCIDENT ; Mis
Roman Law under the Epistula İladriani) TAKE ; FRAUD.
to require the creditor to split his demand
equally between or amongst all the solvent SURREBUTTER .
co -sureties (beneficium divisionis), but in See title REBUTTER.
SURREJOINDER .
lieu thereof they have what is called the
right of contribution as against each other, SURRENDER . A surrender is of a
where one or more have paid the entire nature directly the reverse of a release ; for
debt . At Law this right of contribution as the latter operates by the greater estate
used to be regulated by the original number descending upon the less, so a surrender
of co-sureties (Batard v.Hawes, 2 El. & Bl. operates by the falling of a less estate into
287 ), but in Equity by the number of those a greater, the two estates being in privity
who were solvent at the time of payment in each case . It is defined by Lord Coke
(Peter v. Rich, 1 Ch. Rep. 19) ; and for this to be the yielding up of an estate for life or
purpose it did not matter whether all years to him who has an immediate estate
The co-sureties were by one instrument or in reversion or remainder, wherein the
by several instruments ( Dering v. Earl of estate for life or years may drown by
Winchelsea, 1 W. & T. L. C. 89), provided mutual agreement between them . The
they were equally upon a line as sureties person who so surrenders is termed the
for one common debt, and not one for one surrenderor, and the person to whom be
part only and the others for the other part surrenders is termed the surrenderee.
of the debt ( Coope v. Twyman, 1 T. & R. Sometimes a surrender takes place by
426), or some as being only collaterally operation of law, and in that case it is
liable in subsidium of the others (Swain v. called an implied surrender, as opposed to
Wall, 1 Ch. Rep. 149 ) ; and of course, the the express surrender described above. An
rule of Equity now prevails in all these implied surrender is where the lessee either
respects at Law also . himself takes a new lease in possession from
SURRENDER - continued . SURVIVORSHIP_continued .

his reversioner or landlord before the ex estates held by tenancy in common ; but
piration of his subsisting lease, or is party in the case of these latter tenancies it is
or privy to the grant of such new lease to not unusual to insert an express clause of
any third person ; for in either of these survivorship or accrual, as it is called.
cases the subsisting lease is deemed in law There is this difference between the accrual
to have been surrendered to the landlord in joint tenancies which is implied by law,
immediately before the grant of such new and the accrual in common tenancies which
lease . is expressed in the words of the deed, that
See title SURRENDER OF COPYHOLDS. whereas the former takes place repeatedly,
as often as the event arises, the latter is
SURRENDER OF COPYHOLDS. The confined to the original shares only of the
mode of conveying or transferring copyhold tenants, and does not extend also, unless
property from one person to another is by particularly so expressed , to the shares
means of a surrender and an admittance; accrued by the accrual , it being a maxim
the surrender consists in the yielding up of law as to the express clause that in the
of the estate by the tenant into the hands absence of express words) there is “ no
of the lord (who is in manner the rever
sioner or landlord ) for such purposes as are
survivorship upon survivorship ” (Painv.
Benson, 3 Atk. 80 ). Usually, also, there
expressed in the surrender. The process is no survivorship implied at law as between
in most manors is for the tenant to come to partners; moreover, the Court of Chancery
the steward either in Court or out of Court, will defeat survivorship upon very slight
or else to two customary tenants of the distinctions.
same manor, provided there be a custom to See titles Joint TENANCY ; SURVIVOR
warrant it, and there by delivering up a SHIP , WIFE'S RIGHT OF.
rod, a glove, or other symbol, or by mere
word of mouth, as the custom directs, to SURVIVORSHIP , PROOF OF. There is
resign into the hands of the lord , by the no presumption recognised by the English
hands and acceptance of his steward, or of Law regarding which of two or more
the said two tenants, all his interest and persons who have perished in one common
title to the estate, in trust to be again calamity was or were the survivor or sur
granted out by the lord to such personsand vivors, but the person alleging the survivor
for such uses as are named upon the sur ship of one or other must prove same
render, and as the custom of the manor will ( Underwood v . Wing, Wing v. Angrave,
warrant. Formerly, such a surrender was 19 Beav. 459 ; 4 De G. M. & G. 633 ;
wanted in order to devise copyholds ; but 8 H , L. C. 183).
it was rendered unnecessary by Preston's
Act, 1815 (55 Geo. 3, c. 192). A surrender SURVIVORSHIP , WIFE'S RIGHT OF.
in the case of legal estates tail in copyholds A wife surviving her husband takes back
is at the present day the only mode of to herself absolutely all her leasehold pro
barring same (3 & 4 Will. 4, c. 74 ); but in perty (whether in possession or in rever
the case of equitable estates tail in copy sion) not disposed of by him by act inter
holds, either aа surrender or a disentailing vivos ; and also all her freehold fee -tail and
deed may be used for that purpose (3 & 4 fee -simple estates ; and also all her choses in
Will. 4, c. 74). action which have not been reduced by her
See title ADMITTANCE . husband into possession ; and also all her
pure personal estates in reversion which
SURROGATE . One who is appointed bave not fallen into possession during the
or substituted in the place of another, most coverture (Snell's Equity, 5th ed . 374-398).
commonly in the place of a bishop, or a See title EQUITY TO A SETTLEMENT.
bishop's chancellor. He usually presided
in the bishop's diocesan court, and as the SUSPENDING POWER : See title Dis
representative of the ordinary granted PENSING POWER.
letters of administration where the spiritual SUSPENSION . A temporary stop or
court was not presided over by a judge. suspension of a man's rights ; e.g., the de
See title COURTS, ECCLESIASTICAL. priving of an ecclesiastic of the profits and
SURVIVORSHIP . One of the incidents privileges of his benefice for a time. Also,
of joint estates is what is termed the doc easements may be suspended for a time by
trine of survivorship, by which when two unity of ownership of the dominant and
or more persons are seised of a joint servient tenements, and may revive again
estate, or are jointly possessed of a chattel upon the subsequent separation again of
interest, the entire tenancy upon the de the tenements ; also, rent-charges may be
cease of any of them remains to the suspended by reason of the like unity of
survivors, and at length to the last sur ownership ; also , powers are sometimes
vivor. This incident does not attach to said to be suspended, as opposed to being
SUSPENSION - continued. TACKING - continued .
extinguished , but the word su - pended is third mortgage or the subsequent judgment
not very properly used in that case, is made or obtained with notice of the second
See titles EASEMENTS ; POWERS, & c . or mesne mortgage.
SWEARING : See titles BLASPHEMY ; See titles ConsolIDATION OF MORT
OATHS. GAGES ; NOTICE .
SWORN CLERKS : See title Six CLERKS, TAIL. This word , used in conjunction
SYNDICS. As applied to foreign bank with the word “ estate ” or the word “ fee ,”
rupts, is the term corresponding to as signities an estate of inheritance, descend
signees of the bankrupt (now trustee for ible to some particular heirs only of the
the creditors of the bankrupt) in English person to whom it is granted , in contra
Law . But the term is also capable of distinction to an estate in fee simple, which
expressing other bodies invested with a is an estate descendible to the heirs general
legal status. ( without distinction ) of the person to whom
SYNGRAPHÆ . Were later forms of it is granted . An estate tail is of two
the literal contract (literis obligatio ) in kinds, general and special. When lands
Roman Law, and are stated to bave been are given to a man and the heirs of his
bilateral , as against chirographa which body without any further restriction, this is
are said to have been unilateral. called an estate tuil general ; because how
often soever surh donee in tail be married ,
his issue by every such marriage is capable
ting the estate tail. But if the gift
of ivheriined
T. is restra or limited to certain heirs of
TACKING. This word denotes annex
the donee's body, exclusively of others, as
in the case of lands being given to a man
ing, and as applied to mortgages it signifies and the heirs of his body on Mary his pre
the annexation of a subsequent to some sent wife to be begotten, this is an estate
prior charge, so as to squeeze out a mesne tail special, because the issue of the donee
charge. This is its chief application in by any other wife is excluded .
law ; but under the Vendor and Pur Estates tail are also distinguished into
chaser Act, 1874 (37 & 38 Vict. c. 78), s. 7, estates tail male and estates tail female.
the doctrine of tacking was abolished as When lands are given to a person and the
from the 7th of August, 1874. However, heirs male of hisor her body, this is called
by the Land Transfer Act, 1875, the doc an estate tail male, and to which the female
trine of tacking has been restored in its heirs are not capable of inheriting. On
entirety as from the 7th of August, 1874, the other hand, when lands are given to a
excepting as to anything done in the person and the heirs female of his or her
interval between the 7th of August, 1874 body, this is called an estate tail female,
( inclusive ), and the 1st of January, 1876 and to which the male heirs are not ca pa
(exclusive ). The law is expressed in the ble of inheriting. The person who holds
following rules, which are principally an estate tail is termed a tenant in tail .
taken from the celebrated case of Brace v. And when a person grants land to a man
Marlborough (Duchess ), 2 P. Wms. 491 : and his particular heirs in the manner above
( 1.) A tbird mortgagee buying in a first described (i.e., wben he creates an estate
mortgage, being a legal mortgage, may tail), such person is said to entail his lands
annex his third mortgage to the first, so as to (1 Cruise, 78, 79 ; Les Termes de la Ley ).
squeeze out, i.e. , get paid before, the second Estates tail exist chiefly in lands of free
or mesne inortgage ; hold tenure, the statute De Donis Condi
(2. ) One who is a legal mortgagee to tionalibus ( 13 Edw . 1, c. 1 ) upon which
begin with, and who afterwards advances they depend speaking only of “ tenements
a further sum upon a judgment, may in of inheritance. However, certain manors
like manner annex his judgment to his having, in imitation of the Courts at West
mortgage ; but one who is a judgment minster, introduced into their Courts the
creditor to begin with cannot annex his analogy of the statute, while other manors
judgment to a first legal mortgage which have persistently excluded it, it follows that
he may afterwards obtain a transfer of, in manors of the former class an estate tail
scil., so as to squeeze out a mesne mort in copyhold lands may and does exist, and
gage, because otherwise he may (after arises in virtue of the same words as the
actual delivery in execution under the like estate in freehold lands ; whereas in
judgment) tack the judgment to the mort manors of the latter class an estate tail does
gage ( Ex parte Evans, In re Watkins, not exist, but a donum conditionale only, i.e.,
il Ch. Div. 691 ). a fee simple conditional at Common Law, as
(3. ) Tacking is excluded when all the was the case with all like gifts of freehold
mortgages are equitable ; also, where the lands before the stat. De Donis.
TALLAGE - continued .
TAIL - continued .
Personal estate cannot be entailed ; and tailler, which signifies a share cut out of
words of limitation which would confer an the whole (Cowel.)
estate tail in freehold lands give a fee See title TAXATION , HISTORY OF.
simple absolute in leasehold lands (Leven TALTARUM'S CASE : See title ESTATE
thorpe v. Ashbie, Tud. Conv. 763), and Tail.
a fee simple conditional in the case of
grants of personal annuities (Earl of TAXATION , HISTORY OF. In early
Anglo -Norman times, taxation was two
Stafford v. Buckley, 2 Ves. Sen. 170). fold :
See title ESTATE TAIL.
(1.) Taxes upon land, and being either
TAKING, FELONIOUS : See title LAR (a. ) On military tenants ; or
CENY . (6.) On socage tenants ; and
TALES DE CIRCUMSTANTIBUS : See (2.) Taxes upon persons other than
landowners, being the taxes com
title Tales, PRAYING A. monly called tallages.
TALES, PRAYING A. When by means The taxes of the first class were nothing
of challenges, a sufficient number of un more than the incidents of tenure, viz. ,
exceptional jurors does not appear at the aids, reliefs, wardships, marriages, es
trial , either party may pray a tales as it is cheats, and the like, the amounts of which
termed ; that is, a supply of such men as were regulated by Magna Charta, 1215.
are summoned on the first panel in order The taxes of the second class were granted
to make up the deficiency. For this pur: by the Commons in Parliament ; and it is
pose a writ of decem tales, octo tales, and regarding these latter taxes that most of the
the like, used to be issued to the sheriff at statutes protecting the subjects' property
Common Law , and that must still be done against illegal taxation have been made,
at a trial at bar, if the jurors make default. chief amongst which is the Statutum de
But at the assizes or nisi prius, by virtue Tallagio non concedendo (25 Edw. 1).
of the stat. 35 Hen. 8, c. 6, and other sub But the king also derived a large revenue
sequent statutes, the judge is empowered from his hereditary domains, e.g., the
at the prayer of eitherparty to award a tales demesne lands and forests of the Crown.
de circumstantibus, i.e., of the bystanders or In later times fresh sources of revenue
of persons present in the Court, to be joined were opened up, namely :.
to the other jurors to try the cause, who, (1.) The custuma antiqua sive magna ,
however, are liable to the same challenges being customs granted for the
as the principal jurors. This is usually first time in 25 Edw . 1 , and fall
done toties quoties till the legal number of ing upon wool, woolfels, and
twelve is completed ( 1 Inst . 155). leather, exported and imported ;
TALIS NON EST EADEM . What is (2.) The custumanova sive parva, being
similar is not identical. Therefore , there customs granted for the first time
is no estoppel by contrary judgment in in 31 Edw. 1 , and falling upon
cases exactly similar, but the matter is merchant strangers exclusively,
said to be concluded by authority. and being in addition to their as
sessment under the custuma an
See title ESTOPPEL.
tiqua sive magna ;
TALITER PROCESSUM EST . Upon (3.) Butlerage, being a charge of 28. on
pleading the judgment ofan inferior Court, every tun of wine imported by
the proceedings preliminary to such judg merchant strangers; and
ment , and on which the same was founded , (4.) Prisuge, being a charge of 208. for
must , to some extent, appear in the plead one ton before and another behind
ing, but the rule is that they may be the mast, and falling upon Eng.
alleged with a general allegation that lish merchants having 20 tons of
" such proceedings were had,” instead of a wine or more on board.
detailed account of the proceedings them Two other modes of raising a revenue
selves, and this general allegation is called were given to the sovereign by special
the Taliter processum est ( 1 Wms. Saund. Acts of Parliament, passed usually at the
112 , 113 ; Steph. Pl. 369, 5th ed .). A like commencement of each reign, viz. :
concise mode of stating former proceedings ( 1.) Tonnage and Poundage, the former
in a suit is adopted at the present day in on wine and the latter on dry
Chancery proceedings upon Petitions and goods ; and
in actions in the nature of Bills of Revivor (2.) Aids, being chiefly tenths and fif
and Supplement. teenths of moveable goods.
TALLAGE . This word means the share The king also, in virtue of his preroga
of a man's substance paid by way of toll, tive, or of an assumed prerogative, exercised
or tax, and is derived from the French other modes of raising a revenue, viz. :
TAXATION, HISTORY OF - continued. TAXATION OF COSTS . There are cer

( 1.) Purveyance ; tain officers in the Courts who are ap
(2. ) Benevolences ; pointed to examine the items in solicitors'
(3. ) Forced loans ; and bills, and to make such deductions as they
(4 ) Fines, forfeitures, and penalties. think proper to be made ; this process of
The king also derived an occasional examining the bills, and making the pro
but not inconsiderable revenue from his per deductions, is technically termed tax
custody of the temporalities of bishoprics ing costs. The officers who perform this
upon a vacancy thereof and from first duty are the masters or taxing masters of
fruits and tenths upon ordinary church the respective Courts: and when a master,
livings ; also, from his right to royal fish , or taxing master, has so examined a bill
wrecks, treasure -trove, waifs, and estrays ; (or taxed the costs, as it is termed ), and
and from royal mines ; and from his right has deducted the items which he has
to the custody of the estates of idiots and thought proper to disallow from the gross
lunatics. amount, he marks down the remaining
In 12 Car. 2, when the feudal tenures sum which is to be allowed , and this re
were commuted into socage tenures, the maining sum is thence called the master's
revenue from the feudal dues was taken allocatur, or certificate .
away, and in lieu thereof the excise duties The taxation of costs may be made on
were given to the king ; but afterwards, either of two scales, that is to say , either
in 1692, an equivalent for the feudal dues ( 1.) As between solicitor and client, which
was re-imposed on land in the shape of is the more liberal ; or (2.) As between
the land -tax, which in 38 Geo. 3, was fixed party and party, which is the less liberal
at 48. in the pound, and made perpetual. scale .
A tax on income (and which is diversely At any time before the taxing master or
called the income or property tax ) was im master's certificate or allocatur is signed,
posed for the first time in 1798 (38 Geo.3 ) ; any party dissatisfied therewith may apply
and this after being abolished in 1802 was by summons at Chambers for an order to
revived in 1803 ; and being again abolished review the taxation , such review extending
in 1816, it was revived in 1842 by the only to matters objected to before the
stat. 5 & 6 Vict. c. 35, and since then it master, and of which objected matters
has continued to exist, varying only in its with the grounds of objection thereto , a
amount. written statement must be furnished .
See title TAXATION, VARIETIES OF. See titles Costs ; Costs OF THE DAY ;
TAXATION , VARIETIES OF. The Costs, SOLICITORS Act, 1843 ;
HIGHER AND LOWER SCALE , Costs .
principal varieties of taxation at the pre
sent day are the following : TAXES, COVENANT TO PAY. This
(I.) Local Taxes, commonly called Rates, covenant throws upon the lessee the pay
and comprising the following: ment of taxes which would otherwise have
(1.) Borough Rates ; to be borne by the lessor. These taxes are
(2. ) County Rates ; land tax , sewers rates, and tithe rent
(3.) General Improvement Rates ; charge, and also all assessments made or
(4.) Poor Rates ; to be made in respect of permanent im
( 5.) District Rates ; provements done by order of a local autho
(6. ) Water Rates ; rity. The words of the covenant should
(7. ) Lighting Rates ; include “ taxes, assessments , and out
(8.) Highway Rates ; 9
goings" (Palmer v. Earith, 14 Mee. & Wel.
( 9.) Church Rates, &c., &c. 428 : Jeffery v. Neale, L. R. 6 C. P. 240) ;
( II.) Imperial Taxes, being taxes pro and should also include the words, “ bur
perly so called, and comprising dens, duties, and services ( Tidswell y .
the following : Whitworth, L. R. 2 C. P. 326 ).
(1.) Land Tax ;
(2. ) Customs; TAXING MASTERS : See title TAXATION
(3 ) Excise ; OF Costs.
(4.) Post Office Revenue ;
(5.) Stamps on legal documents, in TELEGRAPHS. Under the stat. 31 &
cluding Legacy Duty, Suc 32 Vict. c . 110, and the Amendment Act,
cession Duty , &c.; 32 & 33 Vict. c. 73, the Government, in its
(6.) Queen’s Taxes, otherwise called Postmaster -General, was authorized to
Assessed Taxes ; acquire, work, and maintain electric tele
(7.) Offices and Pensions Duty .; and graphs, for the use of the public, having
(8.) Income or Property Tax. previously only had the use thereof in
See titles RATING ; TAXATION, HISTORY common with the public. The telegraph
OF .
company (and now, semble, the Govern
TELEGRAPHS - continued . TENANT IN COMMON - continued .

ment) is not answerable for the conse- by unity of possession,because none knows
quences of a mistake in transmitting the his own severalty, and therefore they all
message on the wires (McAndrew v. Elec- occupy promiscuously, and (excepting by
tric Telegraph Company, 17 O. B. 3), nor express words) there is no survivorship
for delivery of a telegram at the wrong between them, as there is in the case of
address ( Dickson V. Reuter's Telegraph joint tenants.
Company, 2 C. P. Div. 62). Telegraph See titles EstaTE ; Joint TENANTS.
messages are not privileged from produc TENANT BY THE CURTESY : See title
tion for purposes of evidence in " Courts CURTESY.
of Justice (İn re Waddell, 8 Jur. (N.S.)
181 ). TENANT IN FEE SIMPLE : See titles
TELLERS. Four officers in the Ex- ESTATE ; FEE SIMPLE.
chequer were so called , whose duty it was TENANT FOR LIFE : See title ESTATE .
to receive all moneys due to the king.
They also paid all persons any money pay TENANT TO THE PRÆCIPE : See title
able by the king, by warrant from the RECOVERY, Common .
auditor of the receipt, and made weekly TENANT AT SUFFERANCE : See title
and yearly books of their receipts and pay , SUFFERANCE, TENANT AT.
ments, which they delivered to the Lord
Treasurer ( Cowel). TENANT IN TAIL : See titles ESTATE
TELLERS IN PARLIAMENT. In the TAIL ; Tail .
language of Parliament, the “ tellers ” are TENANT IN TAIL AFTER POSSIBI
the members of the House selected to LITY OF ISSUE EXTINCT. The meaning
count the members when a division takes of this title may be thus explained. Sup
place. In the House of Lords a division posing lands to be given to a man and the
is effected by the “ non -contents ” remain- heirs of his body on Matilda his present
ing within the bar, and the “ contents," wife to be begotten, the donee with re
going below it ; a teller being appointed ference to the lands so given is called a
for each party. In the Commons the tenant in tail. Now, if his wife Matilda
“ ayes ” go into the lobby at one end of should happen to die without leaving
the House, and the “ noes " into the lobby issue, or having left issue, such issue
at the other end, the House itself being should die before the donee, he would
perfectly empty, and two tellers being ap- then be called a tenant in tail after pos
pointed for each party (May's Treatise on sibility of issue extinct; that is, the possi
Parliament). bility of his having issue inheritable to
TEMPORALITIES OF A BISHOP : See the lands would be extinct, because
title SPIRITUALITIES OF A BISHOP, Matilda his wife was the only source of
TENANCY : See title TENANT.
issue 'capable of inheriting according to
the terms of the gift. Such a tenant can
TENANT. In the language of the law, not bar the estate tail; but in consideration
every possessor of landed property is called of the eminency of his estate, which is
a tenant, with reference to such property, greater than that of an estate for life, he
almost all the real property of this king: is dispunishable for waste, not being wilful
or humoursome.
dom being by the policy of the law supposed See titles TENANT ; WASTE.
to be granted by, dependent upon , and
holden of, some superior lord , in con- TENANT IN TAIL EX PROVISIONE
sideration of some service to be rendered to VIRI. Where an owner of lands upon or
the lord by the tenant or possessor of the previously to marrying a wife, settled lands
property. Tenants are distinguished, ac upon himself and his wife, and the heirs
cording to the nature of the estate which of their two bodies begotten , and then
they hold, a person who holds an estate in died, the wife being the survivor became
fee simple being called , with reference to tenant in tail of the husband's lands “ in
such estate, a tenant in fee simple ; and a consequence of thehusband's provision ” ( ex
tenant who holds an estate tail is called, provisione viri ). Originally, she could bar
with reference to such estate , a tenant the estate tail like any other tenant in
in tail ; and if it is an estate for years, tail ; but the husband's intention having
he is then called a tenant for years, and been merely to ovid for her during her
so on . widowhood, and not to enable her to bar
See titles ESTATE ; TENTRE, &c. his children of their inheritance, she was
TENANT IN COMMON . Tenants in restrained( respectu fragilitatis suæ ) by the
common are generally defined to be such stat. 32 Hen. 8, c. 36 , from barring the
as hold by several and distinct titles, but | tail.
TENANT AT WILL. Is & tenancy TENDERING ISSUE - continued .

determinable at any time at the will of ence or non -existence, truth or falsehood ,
either the landlord or the tenant. It may of the fact to which the traverse was
be created by express demise to hold at directed. A question being thus raisel,
will, but that is not often the case ; the or, in other words, the parties having
tenancy at will more often arises when a arrived at a specific point, or matter
landlord leases lands to a tenant for a affirmed on the one side and denied on
period of more than three years (or at a the other, the defendant (as the party
rent less than two- thirds of a rack rent) traversing) was obliged to offer to refer
by word of mouth or writing under hand this question to the proper mode of trial,
only, and not under seal, the effect of the which he did by annexing to the traverse
want of a deed in such cases being under an appropriate formula indicative of such
the Statute of Frauds ( 29 Car. 2, c. 3 ), and offer, and in so doing he was said to “ tender
the 8 & 9 Vict. c. 106 , to render the lease issue." Where the question for trial was
an estate at will only. But, nota bene, after one of fact, the formula was simply as
possession taken and payment of rent by follows : “ and of this the defendant puts
the quarter or half-year, such a tenancy himself upon the country,” &c., meaning
becomes transmuted in law into a tenancy that, with regard to the question in issue,
from year to year, and not determinable he threw himself upon a jury of his
otherwise than a tenancy from year to year countrymen . However, other issues be
would be. A tenant at will properly so sides those of fact were frequently tendered
called is entitled to emblements when his ( Steph. Pl. 59, 60, 5th ed .).
tenancy is determined by the landlord's See title ISSUE.
act.
See titles EMBLEMENTS ; TENANT ; TENEMENT. This word includes within
YEAR TO YEAR TENANCY. its compass every species of real property
which may be held , or in respect of which
TENANT FOR YEARS : See titles a person may be a tenant, all the real pro
LEASE ; LANDLORD AND TENANT. perty of this kingdom being supposed to be
TENANT FROM YEAR TO YEAR : See granted by, dependent upon, and holden of,
title YEAR TO YEAR TENANCIES. some superior lord , by and in consideration
of certain services to be rendered to the
TENDER . In order to a valid tender lord by the tenant or possessor of his pro
the money tendered must be actually property: The thing holden is, therefore,
duced, unless the creditor dispenses with styled a tenement,the possessor thereof a
the production of it at the time ( Thomas tenant, and the manner of his possession
v. Evans, 10 East, 101 ). The tender must a tenure. As thus used, the word “tene
also be unconditional ; and for this pur- ment" extendeth to land and messuages of
pose, in case a receipt is wanted, the all varieties, whether freehold, copyhold,
debtor should bring a stamped receipt or leasehold, and is equally applicable to
with him , and require the creditor to sign incorporeal as to corporeal hereditaments.
it, and to pay the amount of the stamp See titles TENANT ; TENURE .
( Laing v. Meader, 1 C. & P. 257).
TENENDUM . That formal part of a
TENDER, PLEA OF. Signifies a plea deed which is characterised by the words
by which the defendant alleges that he “ to hold . ” It was formerly used to ex
has been always ready to pay the debt press the tenure by which the estate
demanded, and before the commencement of granted was to be held ; but since all
the action tendered it to the plaintiff, and freehold tenures have been converted into
now brings it into Court ready to be paid socage, the tenendum is of no further use,
to him , & c . (Steph. Pl. 247 ; Bull. & L. and is therefore joined in the habendum
Prec. in Pl. 693). The plea of tender (4 Cruise, 26).
must be accompanied by an actual pay- See title HABENDUM .
ment of the amount into Court, such pay
ment being in fact stated in the plea. TENOR, EXECUTOR ACCORDING TO :
The plea therefore amounts to an admis- See title EXECUTOR, ACCORDING TO THE
sion of the cause of action . TENOR.
See title PAYMENT OF MONEY INTO
COURT. TENTERDEN'S ACT (LORD ). The 9
Geo. 4, c. 14 , is so called , which is de
TENDERING ISSUE. If in the plead- clared to be “ An Act for rendering a
ings in an action the defendant traversed written memorandum necessary to the
or denied some allegation of fact put for- validity of certain promises and engage
ward by the plaintiff in his declaration or ments . "
other pleading, a question was at once These are four in number, that is to
raised between the parties as to the exist- say :
TENTERDEN'S ACT ( LORD ) -contd . 527
promise to bar the Statute of TENURE - continued .
( 1. ) A Lim
itations (s. 1 ) ; property ; that he is still considered as
(2.) A promise by an adult to pay a holding it of some superior lord, and there
debt contracted by him during fore is a tenant in reference to such lord ,
infancy (s. 5) ;* To this system may also be referred the
(3.) Representations of ability in trade, origin ofthe present freehold and copyhold
upon the strength of which credit tenures, into the one or the other of which
is intended to be given (s. 6 ); and nearly all the various tenures which existed
(4.) Contracts for the sale of goods during the period of feudal rigour have
amounting in price to £ 10 or merged. Such is a general idea of the
upwards, notwithstanding such nature of tenure ; the different kinds of
goods have yet to be made or tenure will be found under their respective
finished (s. 7). titles.
See titles FRAUDS, STATUTE OF ; IN See titles ESTATE ; FEUDAL SYSTEM .
FANTS RELIEF ACT , 1874,
TENTHS. Tenths and fifteenths were TENURE OF LAND, HISTORY OF. It
temporary aids issuing out of personal pro is a disputed question whether tenure
existed in Anglo-Saxon times. It is the
perty, and granted to the king by Parlia opinion of Spelman, Madox, Wright , Black
ment. They were formerly the actual stone, and Williams, that no tenure existed
tenth or fifteenth part of all the moveables till 1066. On the other hand, Hallam
belonging to the subject ; but ecclesiastical mentions that writers of equal authority
teuths were the tenth part of the annual ( whose names, however, he significantly
profits only of each living. does not give) have held a different theory ;
See title TAXATION , HISTORY OF. and he himself is of opinion, that if actual
TENURE. Tenure signifies the system tenure did not exist, at least something
of holding lands or tenements in subordi very closely analogous to it did exist in
nation to some superior, and which in the Anglo -Saxon times.
feudal ages was the leuding characteristic It is true that in Anglo - Saxon times all
of real property . The king, who was at lands were subject to services or burdens ;
once the source of property and the foun namely,
tain of justice and honour, had bestowed (1.) Military services in defensive war
large territories on the great barons who fare ;
immediately surrounded the throne, and (2.) The repair of roads and bridges ;
these again lad dis tributed his bounty and
through the channels of their numerous (3.) The maintenance of royal fortr esses ;
dependants. In legal contemplation , all these being the three burdens comprised
the landowners of the kingdom thus de in the trinoda necessitas. But it appears
rived their estates. On this hypothesis, that for the neglect to render these ser
the system of tenure was built , a system vices the Anglo -Saxon owner did not for
which linked every feudatory, by a chain feit his lands, but at the most wasliabl e
more or less extended, to the Crown, and in damages only ; whereas in Anglo
rendered his fief eventually liable to re Norman times the holder in
sumption by the sovereign power from neglected the services that were case he
due and
which it had , or was assumed to have, owing from him forfeited the lands , and
originally emanated . The nature of the was not liable in damages merely, these
tenure, or, in other words, the manner in services having become the condition of his
which lands were held, was characterised holding the lands. In brief, the Anglo
Norman services were annexed to the tenure
by appropriate terms ; thus, lands held by
the honourable tenure of military service, of the lauds, whereas the Anglo - Saxon
that is, in consideration of attending or services were annexed to the lands them
assisting the lord in his wars, &c., were selves ; and therein precisely consists the
distinguished by the term knight service, distinction between feudal estates and
& c. Out of this system arose the relation allodial ownerships.
ST
LU of lord and vassal, corresponding to a cer It is true that the lands of England,
tain extent with the landlord and tenant being subject in Anglo-Saxon times to the
of the present age . To this system we may services of the trinoda necessitas, were
also refer the origin of the present legal fitted to receive readily and naturally the
assumption, that every possessor of real peculiar impress of feudalism ; the differ
9 ‫ܚܐ‬ property is a tenant in respect of that ence between annexing the services to the
tenure and annexing them to the lands
* By Infants Relief Act , 1874 (37 & 38 Vict. c. 62) , was very slight. That, however, is no
this section of Lord Tenterden's Act is in effect re reason for confounding two distinct things,
her, they
pealed. or for saying that things which were
analogous merely are identical; and the
TENURE OF LAND, HISTORY OF TERMS OF YEARS, OUTSTANDING
continued . continued .
English lawyer knows, therefore, of no long terms, e.g., for 500 years, or 1000
tenure prior to 1066 . years, or 2000 years, originally created by
See titles ALLODIAL LAND ; FEUDAL marriage settlement or other like instru
SYSTEM. ment, or by will, for the purpose of securing
TERM FEE. A small fee or allowance thepayment of money (whether pin -money,
which an attorney in a cause was entitled to or jointure, or portions ), and upon which
for every term in which any step was taken money being paid, the purpose of the term
in the cause, from the time of the delivery is satisfied , and the term is therefore called
of the declaration until final judgment. a satisfied term . Immediately upon such
The term for this purpose was considered as a term being satisfied, it is either made to
including the following vacation , so that if cease under the proviso for cesser in that
behalf contained in the deed or will or
any step in the cause was taken between one
term and another, as, for instance, between other instrument, or it is kept alive by
Michaelmas and Hilary Terms, i.e., in being assigned to a trustee upon trust to
attend the inheritance. The latter course
Michaelmus vacation , the attorney would be
entitled to his fee for Michaelmas Term is that which for many reasons was most
the same as if the step had been actually frequently adopted , and when a term had
taken in the term itself . The amount of been thus assigned, it was said to " attend
the fee varied from 13s. to 208. upon the inheritance," because whosoever
bi came entitled to the inheritance would
TERMS. Were those four periods of the be equitably entitled to such term . And
year during which the Courts at West a term so attendant was frequently of great
minster used to sit to hear and determine
use in protecting the estate of a purchaser
points of law, and transact other legal against prior unknown incumbrances; but
business of importance, and which were being also liable to abuse, it has been
and are called respectively Hilary, Easter, provided by the Satisfied Terms Act ( 8 &
Trinity and Michaelmas Terms. By the 9 Vict. c. 112 ), that terms already atten
Judicature Act, 1873, the distinction of dant on the 31st of December, 1845, and
terms from sittings after term was abo also terms becoming attendant subse
lished ; but the distinction is preserved quently to thatdate, shall absolutely cease;
within the Inps of Court, and also wherever but as to the former, where they are atten
the distinction was used for counting the dant by express declaration only, they are
time for doing any legal act, and no other to continue(although non -existing) to afford
mode of counting such time is expressly the old protection .
substituted. See title SATISFIED TERMS.
TERMS OF YEARS. When a man holds TERMS OF YEARS, SATISFIED : See
an estate for any limited or specific number title SATISFIED TERMS.
of years, that is called his term , and he TERMINABLE ANNUITIES : See title
himself is called, with reference to the
TERMINABLE PROPERTY.
term he so holds, the termor, or tenant of
the term . A term of years, considered as TERMINABLE PROPERTY. Is such
an estate or interest in lands, is but a par property (e.g. , leaseholds, terminable an
ticle, or portion, of some larger or greater nuities, and the like) as has no permanent
estate or interest in the same lands, and duration, but will and must end and deter
hence is, with reference to such larger mine at a certain term usually ascertained
estate, termed a particular estate. Terms beforehand . When any such property is
for years were commonly either short terms, comprised in a residuary bequest, upon
i.e., terms at a rent ; or long terms, i.e. , trust for successive takers of limited estates
terms for securing the payment of money, or interests therein, it is the duty of the
eg., pin -money, jointure ,and portions. trustee ( unless relieved therefrom by the
See titles LANDLORD AND TENANT ; will itself) to sell andconvert the property
TERMS OF YEARS, OUTSTANDING. and invest the proceeds iu someinvestment
TERMS OF YEARS, ATTENDANT : See of a permanent and not terminable cha
title TERMS OF YEARS, OUTSTANDING. racter (Howe v. Lord Dartmouth, 7 Ves.
137 ; Wright v. Lambert, 6 Ch. Div. 649).
TERMS OF YEARS,OUTSTANDING.A TTERMINUM QUI
term of years is said to be outstanding PRETERIIT, WRIT
when it is disconnected with the freehold OF ENTRY AD. A writ which lay for the
title ; and it is said to be attendant, when reversioner, when the possession was with
it is vested in some trustee upon trust to held by the lessee, or a stranger, after the
attend the inheritance. The phrases out determination of a lease for years.
standing and attendant are only applicable TERRE -TENANT. He who is literally
to those terms of years which are called in the occupation or possession of the land,
TERRE -TENANT - continued . TEST ACT - continued .

as distinguished from the mere owner of the office . This Act was frequently evaded
(see title DISPENSING Power ), and was
the same. The phrase also denotes some finally repealed ( together with the Corpo
times the owner of the legal estate , e.g.,
the trustee's estate ; and in that sense, ration Act) in 1828.
although the cestui que trust should die See title CORPORATION ACT.
without heirs, the lands will not escheat TEST ACTION . Where in the same divi
to the lord for want of a tenant ( per de sion of the High Court there are several
fectum sanguinis ), for the trustee is the pending actions instituted by divers plain
terre-tenant ( Burgess v. Wheate, 1 Eden , tiff's against the same defendant or defend
177 ). ants, —then, if the question or questions in
dispute are substantially the same in all
TERRITORIAL JURISDICTION . It is the actions (and consequently, the evidence
a maxira of almost every jurisprudence, in proofor disproof of the question or ques
that the jurisdiction of a country is limited tions, when of fact, is substantially the
by its territory, including in such phrase same), the Court will on the application of
its dominions proper and also its territorial the plaintiffs (or such of them as choose to
waters : and extra territoriam jus dicenti apply ), or of the defendant or defendants,
impunè non parebitur ( one may safely dis make an order which is in effect a consoli
regard a judge administering justice beyond dation order, that is to say, the Court will
his own country). However, by the comity select one (or more) of the divers actions
of nations, the decrees of the country are as a test-action (or test-actions), and the
in many instances aided by other countries plaintiff undertaking to try these selected
in their execution ; and certain offences actions and to abide by the result therein
( e.g., international piracy) are justiciable in all the other actions, the Court will (in
everywhere. its discretion) allow for taking the next
TERRITORIAL WATERS . Under the step in these other actions such an exten
Territorial Waters Jurisdiction Act, 1878 sion of time as will permit the selected
(41 & 42 Vict. c. 73), the jurisdiction of actions to be first tried ( Amos v. Chadwick,
the admiral (i.e. , of the Court of Admi L. R. , 4 Ch . Div. 869 ; 9 Ch . Div. 459 ;
ralty ) is declared or made to extend to Robinson v. Chadwick , 7 Ch . Div. 878 ) .
See title CONSOLIDATION OF ACTIONS.
and over offences committed by any person
whatsoever (and whether or not a subject of TESTAMENT : See title WILL.
the Queen ) on the open sea within the TESTAMENTARY CAUSES. Are causes ,
territorial waters of the Queen's domi cognizable formerly in the Ecclesiastical
nions ; and by open sea is here intended Courts, and now in the Court of Probate ,
any part of the open sea within one marine concerning last wills and testaments.
league of the coast as measured from low See title PROBATE DIVision .
water mark . The prosecution cannot,
however, be instituted except with the TESTAMENTARY GUARDIAN A
sanction of a Secretary of State at home or person appointed by a father in his last
of a governor abroad. The Act was passed will and testament to be the guardian
in consequence of the decision in Reg. v. of his child until he or she attains the age
Keyn, 2 Exch. Div. 63 ; but the jurisdic of twenty -one years. The power of ap
tion over territorial waters theretofore ex pointing such a guardian was first conferred
isting by statute or under the law of on the father by stat. 12 Car. 2, c. 24.
nations was not to be deemed to be affected See title GUARDIAN .
or questioned by the passing of the Act. TESTAMENTORUM GENERA . In Ro
man Law, the ancient wills were two, viz.,
TEST ACT. An Act of 1673, directing ( 1.) That made in and with the sanction
all officers, civil and military, to take the of the Calata Comitia, and which therefore
oaths, and make the declaration against was only open to the ( Patrician ] members
transubstantiation in any of the King's thereof to make ; and (2.) That made
Courts at Westminster, or at the quarter before going into battle, and called In
sessions, within six calendar months after
their appointment, and also within the Procinctu (i.e., " with the loins girt about." )
same time to receive the Sacrament of the After the Twelve Tables, a third form of
will called Per æs et libram was introduced ,
Lord's Supper, according to the usage of and was open alike to patricians and to
the Church of England, in some public
church immediately after Divine Service plebeians to make. Subsequently, an alter
and sermon , and to deliver into the Court native mode of will came into existence ,
a certificate thereof, signed by the minister the peculiarity of which was its seals (of
seven witnesses ), and this latter mode of
and churchwarden , and also to prove the will was and was called the Prætorian will .
same by two credible witnesses, under a A fifth and subsequent form of will was
forfeiture of £500 , and disability to hold 2 M
TESTAMENTORUM GENERA- contd. TESTES, PROOF OF WILL PER - end.

called the Tripertitum Jus, because it com testes (hy witnesses) in open Court. When
bined peculiarities derived from the civil a will is so proved , two witnesses are by the
law, from the Prætorian edicts, and from Civil Law indispensable ; although it does
Imperial legislation . There was also the not appear to benecessary that they should
informal will for soldiers, and the nuncu have read the will , or even beard it read,
pative (or word of mouth ) will . provided they can depose on oath that the
testator declared that the writing produced
TESTATE : See title INTESTATE. was his lust will and testament, or that be
TESTATOR . The person who makes a duly executed the same in their presence,
will or testament is so called. The per Two witnesses seem also to have been at
sons able to be testators are, --- All persons one time required by the English Law in
of full age and not under the disability of such a case (Godol. 66 ; Toll. Es. 57) ;
coverture or of unsoundness of mind . but at the present day the mode of proof is
See title INTESTATE. as follows :
Where aa will requiring attestation (as all
TESTATUM. This is the name given to wills now do) is subscribed by several
those words in a deed , beginning, “ Now witnesses, it is only necessary at Lau to
this Indenture witnesseth ." call one of them ; but in Chancery, it was
See title DEED . the invariable practice to require that all
TESTATUM WRIT. When a writ of THE WITNESSES who were in England and
execution was directed to the sheriff of a capable of being called should beexamined
county, and he returned that there were no (Best on Evidence, 760), but the rule is
goods of the defendant in his bailiwick, a now the same as at Law .
second writ, reciting the former writ, and TESTES, TRIAL PER . Is a trial bad
the sheriff's return to the same used to be
directed to the sheriff of some other county before a judge without the intervention of
wherein the defendant was supposed to
a jury ; in which the judge is left to form
in his own breast his sentence upon the
have goods, commanding such latter sheriff credit of the witnesses examined ; but this
to make execution of the same ; and this
mode of trial, although it was common in
second writ was called a testatum writ, the Civil Law , was seldom resorted to in
from the words in which the writ was
concluded , viz. , “ Whereupon, on behalf of the practice of the Common Law , but it is
the said plaintiff, it is testified in our said now becoming common enough under the
Judicature Acts, when each party waives
Court that the said defendant has goods, his right to a trial by jury.
& c., within your bailiwick .” But now by See title TRIAL BY JURY.
the C. L. P. Act, 1852, s. 121 , it is not
necessary to issue any writ directed to the TESTIMONIAL, A certificate under the
sheriff of the county in which the venue is bands of a justice of the peace testifying
laid, but writs of execution may issue at the place and time when and where :
once into any county , and be directed to soldier or mariner landed , and the place of
and executed by the sheriff of any county, his dwelling and birth, whither he is to
without reference to the county in which pass ( Cowel; 3 Inst. 85). The document
the venue is laid, and without any sugges holds a kind of doubtful position midway
tion of the issuing of a prior writ into such between a certificate and a permit, or pass.
county. So that the testatum clause in the TESTIS LUPANARIS . A whore is so
second writ (being now the only writ) is called when she is giving evidence on oath
omitted, and the testatum writ may be re or by solemn affirmation . She is a cre
garded as being in that indirect manner dible witness as regards all the domestici
abolished .
See title EXECUTION , WRIT OF. ties and infelicities of the brothel (Moor,
817).
TESTE . The teste of a writ is that
clause at the bottom of a writ beginning TESTIS OCULATUS UNUS, plus valet
with the word “ witness.” When , there quàm decem auriti. One eye-witness is
fore, a writ is said to be tested in the name worth any number of hearsay deponents,
of such or such a judge, it means that it is scil., is much better.
witnessed in his name. Under the Judi THAMES CONSERVANCY . The conser
cature Acts, 1873-75, all writs are tested vators of the river Thames were appointed
in the name of the Lord Chancellor. under the stat. 20 & 21 Vict. c. 147, to
TESTES, PROOF OF WILL PER . When guard and conserve the river, with large
the validity of a will is contested, the powers for that purpose, but so as always
executor, instead of proving it in the com to abstain from injury to private rights
mon form , i.e., upon his own oath simply, (Lyon v. Fishmongers' Compuny, 1 App. Ca.
in the Court of Probate, proves it per 662).
THANE Thones were those important THIRDS — continued .

personages who attended , é.e., ministered, third part of her husband's personal pro
upon the Anglo -Saxon kings in their perty, in the case of his decease intestate
Courts, and who held their lands imme leaving children or a child, is called by
diately of those kings. That portion of the this nam e. The widow takes her thirds
king's land of which a thane was the ruler absolutely, and not ( as in the case of her
or governor, was termed “ thanage of the dower-third ) for life only. Thirds (like
king ; ” and such lands as the Saxon kings dower) are defeasible by the husband's
granted by charter to their thanes were will, and have been so since the reign of
denominated “ thane lands ” (Cowel). Hen . II .
THEFT : See title LARCENY. THIRTY - NINE ARTICLES : See title
THEFT - BOTE. The offence of theft -bote ARTICLES OF RELIGION, THIRTY-NINE.
arises by a party who has been robbed and THOMAS V. SORREL, CASE OF : See
knows the felon , taking his goods again , title DISPENSING POWER.
or receiving other amends upon agreement THOROUGHFARE . Is a street or road
not to prosecute .
See title COMPOUNDING FELONY. admitting a passage through it, that is,
open for traffic or for passage at both ends.
THEGN : See title THANE . See title HIGHWAY.
THELLUSSON ACT : See title ACCUMU- TIDAL RIVERS : See titles NAVIGATION,
LATIONS. Public RIGHT OF ; RIVERS.
THIRD PARTY NOTICE. It some
TILLAGE. Is land under cultivation , as
times (and, in fact, often ) happens, firstly, opposed to lands lying fallow or in pas
that a defendant ( if found liable to the ture. By express agreement or by custom ,
plaintiff ) may have in respect of the same the landlord may be liable to the tenant
ground of action remedy over (of some to allow him compensation for tillage, re
sort or other) against some other or third maining unexhausted at the determination
person, -such other or third person being of his tenancy.
subsidiarily liable : or, secondly, that See title AGRICULTURAL HOLDINGS
either the plaintiff or the defendant may ACT, 1875 .
desire that the determination of some ques
tion in the action between the plaintiff (or TIMBER. Every tenant for a limited
plaintiff's ) and the defendant (or defend- estate (other than a tenant at will ) is en
ants) should be a determination of that titled to estovers (see title EstovERS ). A
question, binding also as between them or tenant for life may therefore fell timber for
either of them on the one hand and some ( among other purposes in support of his
other or third person or persons on the enjoyment ) the necessary repairs of his
other hand , -- such other, or third person tenement ; and such a tenant if without
or persons, being subsidiarily interested impeachment of waste may even cut tim
therein, or probably or possibly affected ber (not being ornamental) for sale (see
thereby. And in either of these cases the title WASTE ). When timber is blown down
third person or persons (or one or some of or wrongfully cut, the property in it vests
them ) may or may not be already parties in the first estate of inheritance in esse,
in the original action. As regards such of subject (when it is sold and proceeds in
these third persons as are already parties, vested ) to the prior life estates ; and this
the plaintiff merely delivers his defence to rule applies also to timber cut with the
them ; but as regards such of them as are sanction of the Court, when the tenant in
not already parties, he obtains the leave of possession has no power to cut ( Tooker v.
the Court to issue and then issues a notice Annesley, 5 Sim . 235). Sales of estates
of his claim ( in the form No. 1 of Appen- with the timber thereon are now partly
dix B., Judicature Acts, 1873-75), stamped regulated by the stat. 22 & 23 Vict. c. 35,
with the seal with which writs of summons 8. 13, consequent on the decision in Cocke
are sealed (Order xvi , 18 ) ; and he then rell v. Cholmeley, 1 Cl. & F. 60.
files a copy of such notice and also serves TIMBERLODE .
same, exactly as if it were a writ of sum A service which some
mons. The third person so served may tenants were bound to perform to their
enter an appearance within eight days lords of carrying felled timber from the
after service of the notice upon him , or woods to the lord's house ( Cowel).
( with the leave of the Court) after the ex TIMBER - TREES. In a legal sepse in
piration of such eight days ; and upon clude oak, ash , and elm. In some places,
appearing he usually gets liberty to defend however, by locul custom , where other
the action .
trees are commonly used for building, these
THIRDS. The widow's right to one- are on that account also considered as
2 M 2
TIMBER -TREES — continued . TIME OF THE ESSENCE OF CON .

timber-trees (Honywood v. Honywood, TRACTS - continued .
L. R. 18 Eq . 306). of the subject-matter itself ; (2.) Where,
See title POLLARDS . though time was not originally of the
essence of the contract, it was engrafted
TIME. The calendar, as amended by upon it by subsequent notice ; and
the stat. 24 Geo . 2, cc . 23 and 30, is that (3.) Where the delay had been so great as
which is now in use in England. With to constitute laches. And now the rules
reference to days, there is no general rule of Equity as to whether time is or not of
of law that in computing time the day is the essence of the contract prevail at law
to be either inclusive or exclusive, but the
also ( Judicature Act, 1873, s. 25, sub -s. 7 ;
reason of the thing, and the accompanying Noble v. Edwards, 5 Ch. Div. 378).
circumstances, are to decide ( Lester v.
Garland , 15 Ves. 248 ; Migotti v. Colvill, TIME OUT OF MIND . Any period
4 C. P. Div. 2: 3) ; the point is not unfre- anterior to the reign of Richard I. (Bract
quently settled by statute in particular 1. 2, c. 22 ; 3 Lev. 160 ).
cases. Usually, fractions of a day count See titles LEGAL MEMORY ; LIVING
as an entire day ; but when it is necessary MEMORY.
to shew which of two events happening on TIME POLICY : See title VOYAGE POLICY.
the same day first took place, the Court
will consider such fractions ( Clinch v. Smith, TIMES IN LEGAL PROCEEDINGS.
8 D, P. C. 337). With reference to months, The Judicature Acts, 1873–75, and the
the stat. 13 & 14 Vict . c. 21 , enacts, that orders and rules made thereuder, pre
“ month ” in all future statutes shall mean scribe for the taking of the different steps
calendar month, and not lunar month , in an action various limits of time (mostly
although the latter was the meaning by extendible ), and the principal of which
the Common Law ( Lecon v. IIooper, 1 Esp . times are the following :
216 ), unless where the intention indicated ( 1.) Writ of summons to be served with
a different use of the word (Lang v . Gule, in one year after issue, or (if
1 M. & S. 111 ), or custom controlled the renewed ) within period of re
meaning ( Turner v. Barlor , 3 F. & F. 946 ). newal ;
And under the Judicature Acts ( Order (2.) Appearance of defendant to writ
LVII., 1 ), in all matters of procedure month within eiglit days after service
is to man calendar month ; and in these thereof;
matters Sunday, Christmas -day, and Good (3.) Plaintiff's statement of claim to be
Friilay are not to be reckoned, when the delivered within six weeks after
time limited for doing any act or taking defendant's appearance to writ ;
any proceeding is less than six days (4.) Defendant's defence to be delivered
( Order LVII ., 2 ). within eight days after delivery
See titles Day ; MONTH ; YEAR , of plaintiff's statement of claim ;
TIME-BARGAINS. These are (in effect) (5.) Plaintiff's reply to be delivered
within three weeks thereafter;
bargains to pay differences only in pur (6.) Pleadings subsequent to reply to be
chases and sales on the Stock Exchange, delivered within four days ;
and are illegal at Common Law and under
the stat. 8 & 9 Vict. c. 109 ( Thacker v. (7.) Notice of trial to be delivered with
Hardy, 4 Q. B. Div. 685). in six weeks after close of plead
See title JOBBERS .
ings ;
(8.) Appeals
TIME OF THE ESSENCE OF CON. from Master at Chambers to
TRACTS. At Law, time used to be always Judge at Chambers, four days ;
of the essence of the contract ( Stowell v. from Chambers to Court, twenty.
Robinson, 3 Bing. N. C. 928) ; but in one days in Chancery, and
Equity the question of time was differently eight days Common Law ;
regarded ; for a Court of Equity discrimi from judgment ( final or inter
nated between those terms of a contract locutory ) one year;
which were formal, and those which were from interlocutory order twenty
of the substance and essence ofthe agree one days ;
ment (Parkin v. Thorold, 16 Beav. 59) ; to House of Lords one year ;
and accordingly held time to be prima and in case of disability,
facie non -essential. There were, however, within five years.
certain cases where lapse of time was a bar
to relief even in Equity, viz.,-( 1 .) Where TIMET, BILL QUIA : See title BILL
QUIA TIMET.
time was originally of the essence of the
contract, and that either by the express TIN - BOUNDS . Under the customs of
agreement of the parties or from the nature Cornwall and Devon, any tinner is allowed
TIN - BOUNDS — continued. TITHES—continued.

to bound any unappropriated waste lands, (2 ) from the live -stock upon lands, and
or any several or inclosed lands which have (3) from the personal industry of the in
been formerly waste land , subject to the habitants. The first species of tithe is
custom . The assessionable or conven- usually called prediul, and consists of corn,
tionary manors of the Duchy of Cornwall grass,hops,wood, and the like ; the second
are subject to the custom . A tin -bound mixed , as of wool, milk, pigs, & c ., con
generally consists of about an acre of land, sisting, it will be observed, of natural pro
and is required to have four corners, unless ducts, but nurtured and preserved in part
it should be aa side bound , which is generally by the care of man ; the third personal, as
triangular. In Cornwall tin - bounds are of manual occupations, trades, fisheries,
personal property, and all bounds require and the like. Tithes have also been
to be annually renewed. The owner of a divided into great and sınall tithes; the
bound may demise it subject to the pay- former comprehending in general the tithes
ment of farm -tin , but the bound still con- of corn , peas, beans, hay, and wood ; the
tinues liable to the render of toll - tin to the latter, all other predial, together with all
owner of the soil. In Devon tin -bounds are mixed and personal tithes, tithes being
real estate, and by the custom in this county great or small according to the nature of
no toll -tin is payable to the landowner. the things which yield the tithe, without
TINNER : See title Tin-BOUNDS. any reference to the quantity ; e.g. , clover
grass made into hay is of the nature of all
TIPPLING ACT. The stat. 24 Geo. 2, other grass made into hay , and consequently
c. 40, is so called , and as amended by the is a great tithe, but if left for seed, its
stat. 25 & 26 Vict. c. 38, it prohibits the nature becomes altered, and, like other
sale on credit of spirits to be consumed on seed, it becomes a small tithe (2 Chit. Bl.
the premises in less quantities than 20s. 24, and n. ( 6 ) ; Cowel ).
worth . See title IMPROPRIATION .
TIPSTAFF. Tipstaves are officers who TITHING . One of the civil divisions of
were formerly appointed by the marshal
of the King's Bench Prison , or by the the territory of England, being a portion
warden of the Fleet Prison, but who now , of that greater division called a hundred .
under the Act 25 & 26 Vict. c. 104 (Queen's It was so called because ten freeholders
Prison Discontinuance Act, 1862), are ap with their families composed one. It is
pointed by the respective chiefs of the said that they were all knit together in
Chancery, Queen's Bench , Common Pleas, one society , and bound to the king for the
and Exchequer divisions of the Court. peaceable behaviour of each other. In
They attend the King's Courts with a staff each of these societies there was one chief
or rod tipped with silver, and take into or principal person , who, from his office,
their charge all prisoners committed by the was called teothing -man, now tithing-man
Court ( 1 Arch . Pract. 11 ; Cowel ). (Mirr. c . 1 , s. 3 ; Cowel).
TITHE COMMUTATION : See title TITHE
See titles FRANKPLEDGE ; TITHING - MAN .
RENT-CHARGE. TITHING-MAN. The officer who, dur
TITHE RENT-CHARGE. Under the ing Saxon times, was appointed to preside
over tithings and to examine and deter
Tithe Commutation Acts (6 & 7 Will . 4 , mine all causes of small importance between
c. 71 ; 1 & 2 Vict. c. 64 ; 2 & 3 Vict. c. 62 ; the inhabitants of adjacent tithings, was
and 9 & 10 Vict. c. 73), tithes may be com
muted into a rent-charge varying with the so called. In the present day, however,
price of corn ; and under the same Acts tithing-men are a kind of constables, elected
by parishes, and sworn in their offices in
the tithes or tithe rent-charge may be the Court Leet, and sometimes by justices
merged by the tenant in fee simple or fee of the peace, & c.
tail in possession, or other person capable See title TITHING .
of disposing of the fee simple, or by tenant
for life in possession of both land and tithes TITLE. This word may be defined
or tithe rent-charge; or the tithes or tithe generally to be the evidence of right or the
rent-charge may be redeemed , or (as the right itself which a person has to the
case may require )apportioned. And under possession of property. The word " title "
the stat. 41 & 12 Vict. c. 42, the tithe rent certainly does not merely signify the right
charge may be ordered to be compulsorily which a person has to the possession of
redeemed in certain cases at twenty-five property, because there are manyinstances
years' purchase. in which a person may have the right to
TITHES. A species of incorporeal here- the possession of property, and at the sume
ditaments, defined to be the tenth part of time have no title to the same. It appears
the increase yearly arising and renew- on the whole to signify the outward
ing (1) from the profits of the lan «ls, evidence of the right, rather than the mere
TITLE - continued . TOLERATION ACT — continued .
right itself. The word is defined by Sir laws is so called. The Act did not extend
Edward Coke thus : “ Titulus est justa to exempt Roman Catholics or Unitarians.
causa possidendi id quod nostrum est ” See titles DISSENTERS ; Non -CONFORM
( 1 Inst. 34 ) ; that is to say, the ground, ISTS ; ROMAN CATHOLICS.
whether purchase, gift, or other such TOLL. This word has various signifi
ground of acquiring, titulus being dis cations. When used as a verb , it signifies
tinguished in this respect from modus to bar, to defeat, or to take away ; thus, to
acquirendi, which is the traditio, i.e., de toll the entry, signifies to deny or take
livery or conveyance of the thing. away the right of entry. When used as a
See title ABSTRACT OF TITLE .
noun, it signifies either a liberty to buy or
TITLE, ABSTRACT OF : See title AB sell within the precinct of a manor, or a
STRACT OF TITLE. tribute or custom paid for passage ( Cowel ;
TITLE-DEEDS . Are the evidences of
Les Termes de la Ley ; 1 M. & W. 19).
title to or ownership of real estate, and as TOLL-HOUSES. On turnpike roads,
being the sinews thereof they go with the when such houses become “ useless and no
land as portion thereof, or as real chattels. longer required for the purposes of the
On any sale or mortgage of lunds, all the road ” within the meaning of the stat.
title -deeds in the hands of the vendor or 4 Geo. 4, c. 95 (s. 57), they must be pulled
mortgagor, which relate exclusively to the down and the materials removed ; and the
property sold or mortgaged , are handed owuer of the land adjoining may have
over to the purchaser or mortgagee ; but a mandamus against the turnpike roal
where the title -deeds relate to other pro trustees to compel them to pull them down,
perty, and cannot consequently be delivered &c. (Reg. v. Greenlaw Road Trustece,
over to the purchaser, he is entitled, at 4 Q. B. Div. 447).
the expense of the vendor, to a covenant TOMBSTONES. As being portion of the
for their production, and also to attested churchyard ( when situate therein ) are the
copies of such of them as aro not enrolled freehold of the incumbent of the church ,
in any Court of record. who has the control of the inscriptions
TITLE OF ENTRY. The right or title thereon (Keet v. Smith , 1 P. Div. 73 ).
to enter upon lands. Thus, when one Moneys may be validly bequeathed to
seised of land in fee makes a feoffinent of maintain tombstones in churches (as form
the same on condition, and that condition ing portions of the fabric of the church
is afterwards broken, then the feoffor has and being therefore charitable ), but not
title to enter into the land (Cowel). tombstones in churchyards ( In re Rigley,
See title ENTRY. 15 W. R. 190).
TITLES OF CLERGYMEN. Before a TONNAGE. A duty imposed by Par
candidate for holy orders can be ordained, liament upon merchandize exported and
he must obtain what is termed a title, ,
every ton .
|
which is an appointment either to a benefice
actually vacant, or to a curacy, together See title TAXATION, HISTORY OF .
with, in the latter case, a letter from the TONNAGE RENTS : See title ROYALTIES.
clergyman who gives the title, signifying
the reason which obliges him to appoint a TORT, A wrong or injury that is
curate ( Eccl. Leg. Guide, 4). “ independent of contract." Personal
TITLES OF HONOUR. Such as Duke, actions are founded either on contracts or
Marquis, Earl, &c., are real property, and, on torts. The latter signify such wrongs
according to English Law, are inalienable,
as are in their nature distinguishable
excepting by descent. from mere breaches of contract and are
See titles DIGNITIES ; PEERAGE. often mentioned as of three kinds, viz :
( 1. ) Nonfeasance, being the omission to do
TITULUS ACQUIRENDI : See title some act which a person is bound to do ;
TITLE (2. ) Misfeasance,being the improper doing
TITULUS EST JUSTA CAUSA POSSI of some act which he may lawfully do; or
DENDI : See title TITLE. (3. ) Malfeasance, being the commission of
TOFT. A messuage, or the site or piece some act which is positively unlawful.
Torts have also been otherwise classified as
of ground on which a messuage has stood ; follows: ( 1. ) The invasion of some legal
and the owner of a toft used to be termed
a toftman (West. Symb. ; Cowel). right of the plaintiff , and in that case it is
not necessary to shew any damage, this
TOLERATION ACT. The stat. I Will . being a case of injuria sine damno ;
& M. st. 1 , c. 18, for exempting Protestant ( 2. ) The breach of some private duty
dissenters from the penalties of certain which is incumbent on the defendant
TORT — continued . TORY AND WAIG - continued .

(whether at Common Law or by statute), the the time of the Exclusion Bill ( 1679) be
neglectofthat duty, and damage to the plain came for the first time applicable respec
titt resulting from such neglect, this being a tively to the party who “ conserved ” the
case of damnum injuria ; and ( 3. ) The breach existing constitution (afterwards called
of some public duty which is incumbent Conservatives) and to the party who were
on the defendant (whether at Common Law for altering or amending it (afterwards
or by statute ), the neglect of that duty, called Liberals ). Both terms are, or at
and damage to the plaintiff resulting from least originally were, terms of abuse, Whigs
such neglect, this being also a case of having originally signified desperate Pres
damnum injuria ; but it is to be remem byterian fanatics in Scotland , and Tories
bered, that damage resulting to a plaintiff the like fanatics of the Popish persuasion
from the breach of a public duty is not in Ireland .
invariably actionable, as some varieties of See titles ABHORRERS ; PETITIONERS.
such damage are instances of damnum sine TOTAL LOSS : See titles ABANDONMENT
injuriâ (Ward v. Hobbs, 4 App. Ca. 13 ; OF VESSEL OR CARGO ; PARTIAL Loss ; UN
Forbes v . Lee Conservancy Board , 4 Exch . DERWRITERS.
Div. 116 ). Torts have also acquired dis
tinctive names, such as Waste, Nuisance , TOWAGE : See title TUGS.
Piracy of Copyright Infringement of TOWN . Is an expression varying (in
Patent-rights, Disturbance of Easements,
Libel, Slander, &c.; and for every new general) with the growth of the buildings
kind of tort, the Common Law will find a constituting it ( Collier v. Worth , 1 Exch .
Div. 464 ).
remedy. Actions founded upon tort are
sometimes described as actions ex delicto, TOWNSHIP : See titles HIGHWAY ; HUN
in contradistinction to actions ex contractu , DRED ; PARISH .
which are founded upon contract. The
forms of action generally founded upon TRADE, All contracts in restraint of
tort used to be trover, detinue, trespass, trade are regarded with disfavour by the
trespass on the case, and replevin ; whilst law ;: and if the restraint is general, it is
debt, assumpsit, and covenant were the wholly void : and if it is partial, it is only
forms which used to belong to the class of good when the restraint is reasonable and
actions founded upon contract ( 1 Chit. a valuable consideration has been given by
Pl. 3 ). way of purchasing the restraint (Mitchell
See titles DELICTO, ACTIONS EX ; DAM v. Reynolds, 1 Sm. L. C. 356 ). A reason
NUM INJURIA ; DAMNUM SINE INJU able restraint may be either in respect of
RIÂ ; INJURIA SINE DAMNO. locality or of time, or of both combined ;
and in every trade, what is reasonable in
TORTFEASOR. A wrongdoer, or a these respects varies with the character of
trespasser. There is no contribution be the trade. It is from the like disfavour
tween tortfeasors, like that which subsists which the law bears towards such restraints
between co -debtors (Merryweather v. Nican, that the stat. 54 Geo. 3, c. 96, s. 1 , repealed
2 Sm . L. C. 481 ). the prohibitions contained in 5 Eliz. c. 4,
TORTIOUS CONVEYANCE . Prior to 8 & whereby persons who had not served an
9 Vict. c. 106 , a feoffment might have had apprenticeship were forbidden to be em
a tortious operation,that is to say, it might ployed as journeymen, or to otherwise ex
have passed to the feoffee a greater estate ercise their particular trades or occupations;
than that which the feoffer could lawfully and that the 7 & 8 Vict. c. 24, repealed a
pass. But all such tortious conveyances variety of other obsolete Acts which ope
have now been abolished by the last-men rated in restraint of trade. There are,
tioned Act, unless indeed the disentailing nevertheless, certain restraints which the
assurance should be so regarded . law favours, and that chiefly from a regard
See title CONVEYANCES, sub-title Fe to the public health ; thus, the 11 & 12
offment. Vict. c. 63, s. 64 , forbade, and the Public
TORTURE . As a means of obtaining Health Act, 1875, which has repealed the
evidence is unknown to the law of England, last-mentioned Act, forbids, the establish
ment of new offensive trades unless with
meaning thereby physical torture ; and the consent of the local board of health ;
that was the opinion of the judges of and the 16 & 17 Vict. c. 128, 8.1 , renders
Charles I., when consulted regarding the liable to summary conviction persons carry
case of Felton , the assassin of Buckingham ;
also, of Lord Coke (3 Rep. 35 ). But the ing on offensive trades within the metro
practice of torture was not unknown in the polis, when they do not use the best means
reigos of Henry VI. and Henry VIII. of preventing annoyance to the neighbour
hood.
TORY AND WHIG. Names which at See title TRADE-MARKS.
TRADE -MARKS. Are a branch of the TRADES -UNIONS — continued.
goodwill of the business with which they violence in any phase or shape, are illegal.
are connected, and the right to a trade- Wherefore the stat. 6 Geo . 4, c
c. 129, placed
mark is transmissible as portion thereof , such combinations, on the part of employés
wherever the goodwill is mentioned , even chiefly, under a most rigorous restraint ;
although the trade-mark should not be and , under that statute , anything in the
mentioned ( Shiprorijht v. Clements, 19 nature of a threat put forward with a view
W. R. 599 ). It was at one time thought to forcing or endeavouring to force a work
that there was no property in trade -marks, man to leave his employment was made a
but in the Leather Cwth Company's Case criminal offence ( Walsby v. Anley, 3 El. &
( 33 L. J. Ch . 199 ), Lord Westbury pointed El . 516). Of recent years, the stat. of Geo. 4
out that there was (in effect) a property in has been thought too rigorous, and under
trade marks, i.e., in the marks as applied the stats. 22 Vict. c. 34, 32 & 33 Vict. c. 61 ,
to designate certain vendible commodities. and 34 & 35 Vict. c. 31 , combinations on
And under the Trade -Marks Registration the part of employés, or (as these combina
Acts, 1875-77 (38 & 39 Vict. c. 91 ; 39 & 40 tions are usually called ) Trades - Unions, are
Vict. c. 33 ; and 40 & 41 Vict. c. 37 ), a recognised as legal associations with legiti
trade -mark , if it accord with the definitions mate objects, and which objects they may
contained in 8. 10 of the Act of 1875 , endeavour to secure if so advised ) by
and is not objectionable under 8. 6 of pecuniary and other means of supporting
the same Act, may be registered ; and upon strikes, &c., so long as they do not resort
such registration, the right to it is strictly to open or secret violence, or to threats,
a right of property, and the person entitled intimidation, rattening, and the like.
to it is the proprietor ( Sebastian on Trade
Marks). And in the case of a trade-mark TRADING WITH ENEMY. Is unlawful
properly so called, wilful fraud is not as well on the part of the belligerent
necessary to be averred or proved in order country's subjects, as also on the part of
to obtain the protection of the Court for it, the subjects of allied states ( The Hoop,
1 Rob . Adm . 196 ; Wheaton's Inter. Law ,
but it is simply necessary to prove the pp. 392–403 ), the rights of inter-commercing
right of the plaintiff to the mark, and the being wholly suspended by the war .
injury done by the defendant to that right
(Singer Machine Manufacturers v . Wilson, TRADITIO. Was and is the simple act
3 App. Ca. 391) ; whereby an actual de- of delivery , a mode of transferring the title
ception is practised on the public,although to corporeal property.
there should be no fraud on the part of See titles LIVERY OF SEISIN ; USUCAPIO .
the defendant ( Farina v. Silverlock, 6 De TRADITIO LOQUI FACIT CHARTAM .
G. M. & G. 214). Where a trade -name is Delivery makes the deed speak, i.e., makes
to be made a trade -mark , it must be printed, the deed take effect. This delivery must
impressed, or woven in some particular or be made to the feoffee or grantee, and not
distinctive manner (Act 1875, 8. 10 ; to a stranger .
Burgess v . Burgess, 3 De G. M.& G. 89 ; See titles ESCROW ; FEOFFMENT.
Ainsworth v . W'almslry, L. R. 1 Eq. 518 ) . TRAMWAYS. The construction and
In a case which is not one of trade -mark
pure and simple, actual fraud must be maintenance thereof are regulated by the
stats. 33 & 34 Vict. c. 78 ; 34 & 35 Vict.
proved (Singer Manufacturing Company v. c. 69 ; and 35 & 36 Vict. c. 43.
Wilson, L. Ř. 2 Cb. Div. 434, 451). See titles COMPANIES ; PASSENGERS,
TRADE -NAME : See title TRADE -MARKS. CARRIAGE OF.
TRADE - USAGE . Persons contracting TRANSACTIO . Was one of the inno
with a knowledge thereof, or under cir- minate contracts of Roman Law , and is
cumstances which impute to them a know- equivalent to the transaction of French
ledge thereof, are bound thereby ; and Law.
such a usage may be annexed to the con See title TRANSACTION .
tract by extrinsic evidence, provided the TRANSACTION . In French Law is the
contract be not thereby varied . transactio of Roman and the compromise of
TRADERS AND NON -TRADERS. The English Law , being an agreement to give
distinction between persons as being or up the residue ( if any) of an unascertained
not traders has several important conse- debt, in consideration of the payment of an
quences in the law of bankruptcy. agreel sum.
TRADES -UNIONS. Combinations on TRANSFER OF ACTION . The Lord
the part either of employers or of employés Chancellor, for the convenience of the ad
to regulate the price of labour are, within ministration of justice, may transfer from
certain limits, valid by the Common Law one Division of the High Court of Justice
( Rex v. Batt, 6 C. & P. 329 ) ; but such to another Division an action or actions,
combinations, when carried the length of subject to the president or judge of the
TRANSFER OF ACTION-continued . TRANSIRE : See title CLEARANCE .
transferee Division assenting thereto (Order
LI . , 1 ) ; and the Lord Chancellor may TRANSIT : See title STOPPAGE IN TRAN
also for the like reason make the like SITU ,
transfer from one judge in the Chancery TRANSIT IN REM JUDICATAM . “ The
Division to another judge of that Division, matter passes into a judgment," and there
and the last-mentioned transfer may be for by the original cause of action is merged
the purpose of trial, or of trial and further and destroyed in the judgment.
trial, or generally ( Order Li . , 1 ). And See titles CONTRACTS; LITIS CONTES
upon the application of either of the parties TATIO ; MERGER ; JUDGMENT, PLEA
to an action , a transfer may be ordered from OF.
an inappropriate Division of the Court TRANSITORY ACTIONS. Actions were
into the appropriate Division, subject to said to be either local or transitory. An
the consent of the president of the pro- action was local when all the principal facts
posed transferee Division (Order 11., 2 ); on which it was founded were of a local cha
but this transfer of the action will not be a
directed on slight grounds ( Storey y. racter,certai
some and ncarrie thesethem
placed ;with werethegener
idea of
ally
Waddle, 4 Q. B. Div . 289). See Brown's such as related to realty. An action was
Snell's Principles of Equity and Practice, termed transitory when the principal fact
5th ed ., pp. 648-9 .
on which it was founded was of a transitory
TRANSFER OF MORTGAGE. A mort kind , and might be supposed to have hap
gagee desiring his money may, instead of pened anywhere; and, therefore, allactions
being paid off by the mortgagor, make a founded on debts, contracts, and such like
transfer of the mortgage debt and security matters relating to the person or personal
JOT therefor to a third person who pays him property, used to come under this latter
the money. Such transfers are commonly denomination ( Steph. Pl. 316, 317 ). If
effected with the concurrence of the mort the action was local, the venue also was
gagor, so that the original mortgagee local; and if the action was transitory,the
escapes all future liability to account. venue also was transitory. But under the
Judicature Act, 1873, there is now no local
TRANSFER OF SHARES OR STOCK : venue for the trial of any action.
See titles SHARES ; SHARE- WARRANTS ; See title VENUE.
SHARE-CERTIFICATES.
TRANSLATION. This word , as applied
TRANSHIPMENT OF CARGO. The to a bishop, signifies removing him from
master navigating a merchant vessel may one diocese to another ( Cunningham ).
under certain circumstances of emergency See titlePOSTU LATION.
tranship the cargo, and he may do so either TRANSLATI Copyrigh
as agent of the shipowner or as agent of in translations, ONS
thes.e latte regaexis
r beintgmay rdedt
the cargo -owner. As agent of the ship
owner, he may make a transhipment of as original works ( Wyatt v . Barnard , 3 V.
cargo, where the vessel is so much damaged & B. 78 ).
by perils of the sea as to be incapable of See title COPYRIGHT.
repair, except at a cost exceeding both her TRANSLATITUM EDICTUM . The
value when repaired and the freight; but edict (or portion thereof) which as being
he is not even in that case obliged to of a permanent character was repeated
tranship ; and he should never tranship (i.e., transferred ) from edict to edict by
excepting at a rate of freight not exceeding each succeeding prætor for his own par
that originally bargained for. As agent of ticular year of office .
t
the cargo -owner, he may ( but only after See title EDICT .
h communicating with such owner , if com
munication is possible) tranship the cargo, TRANSPORTATION. Ceased to be a
wherever a prudent owner would do so ; punishment, and became transmuted into
but he is not bound in any case to do so ; penal servitude, by the stat. 16 & 17 Vict.
and he may even tranship at a higher rate c. 99, and now by stat. 20 & 21 Vict. c. 3, s. 2.
of freight. The shipper may accept de- TRAVERSE . In the language of plead .
livery ( in lieu of transhipment) of the cargo ing signifies a denial. Thus, where a de
at any intermediate port, paying pro rata fendant denies any material allegation of
freight; but if he insist on transtıipment, fact in the plaintiff's declaratiou or state
por and transhipment is practicable, but the ment of claim, he is said to traverse it,
master nevertheless refuses to tranship, and the plea itself is thence frequently
.
then the shipper ( i.e., cargo -owner) may termed a traverse. Besides the common
accept delivery at the intermediate port, traverse, is explained above, there is one
paying no freight even pro ratâ itineris of occasional occurrence termed a special
‫میر‬ peracti (Kay's Shipmasters , 287–292). traverse, or traverse with an absque hoc.
TRAVERSE - continued . TREASON — continued .
This, instead of being framed in the shape were imputed in the reign of Edward II.
of a simple denial , consists ordinarily of as treasonous under the designation of ac
two branches, one involving the intro croachments upon the royal power ; there
duction of new affirmative matter, which , fore it was enacted by 25 Edw . 3, st. 5, c. 2,
inferentially or argumentatively, denies the that the following offences (and none other)
disputed allegation of fact upon which the should be deemed treasons :
defendant purposes raising an issue ; the ( 1.) Compassing the death of the Sove
other, being the absque hoc clause, con reign, or his or her consort, or of
sisting of a direct denial of such allegation the Prince of Wales ;
of fact. (2.) Violating the consort of the King, or
See titles ABSQUE Hoo ; SPECIAL TRA his eldest daughter unmarried, or
VERSE . the Princess of Wales ;
TRAVERSE OF AN INDICTMENT. The (3.) Levying war against the Sovereign
within the realm , or being adhe
word “ traverse," as applied to an indict rent to such, or relieving same ;
ment, has the same import as when applied (4.) Counterfeiting the King's money, or
to a declaration, signifying to contradict importing counterfeitmoney ;
or deny some principal matter of fact (5.) Killing the Lord Chancellor or the
therein, e.g., in a presentment against a Lord Treasurer, or any judge
person for a high way overflowed with water, while on the bench ; and gene
for default of scouring a ditch, &c., he may rally,
allege that there is no highway,or that the (6. ) Committing such other offence or
ditch was sufficiently scoured (Cowel). offences as should by any future
See title TRAVERSE. Parliament be declared treason.
TRAVERSE OF AN OFFICE. The The general provision of the above-men
proving that an inquisition made of lands tioned statute was put in exercise by
or goods by the escheator is defective and Richard II ., who enacted (21 Rich. 2, c . 3 )
untruly made ( Kitchin, 227 ). that the mere intent to kill or depose the
King should, without proof of any overt
TRAVERSING NOTE. This was a plead act of treason , amount to the offence of
ing in Chancery, and consisted of a denial treason ; but this statute was repealed by
put in by the plaintiff on behalf of the de 1 Hen . 4, c. 10. Again, Henry VIII.
fendant generally denying all the state enacted many new and capricious treasons,
ments in the plaintiff's bill. The effect of e.g., denying the pre -nuptial chastity of
it was to put the plaintiff upon proof of the Anne Boleyn, denying the King's right
whole contents of his bill , and it was only with the authority of Parliament to devise
resorted to for the purpose of saving time, the Crown, and such like ; but these new
and in a case where the plaintiff could treasons were repealed by 1 Edw. 6, c . 12.
safely dispense with an answer. A copy of In more modern times, the following trea
the note must have been served on the sons have been added permanently to the
defendant. Under the present practice , list enumerated in 25 Edw. 3, viz. :
there appears to be no occasion for a tra ( 1 ). Hindering from his accession to the
versing note. Crown any one entitled next in
See title DEFAULT, JUDGMENT BY. succession under the Act of Settle
ment, —this by 1 Anne, st. 2, c. 17,
TREASON. This word, in its original 8. 3 ;
sense, denoted the betrayal of confidence (2.) Declaring that the Sovereign, with
or of trust, and such betrayal was of two the authority of Parliament, could
species, according as it was either- not direct the devolution of the
( 1. ) Against the King as supreme; or Crown,-this by 6 Anne, c . 7 ;
(2.) Against a subject as superior; (3.) Imagiving the death, bodily harm ,
the former species was called High Trea or imprisonmentof the Sovereign,
son , and the latter Petit Treason . and expressing the same in writ
Petit treason has been abolished by stat. ing or by overt act, —this by 36
9 Geo . 4, c. 31 , s. 2, although , of course, Geo. 3, c. 7 ; and
breach of confidence or trust, in so far as (4.) Forging the great seal,—this by 11
it is a civil wrong, is still a tort, and as Geo. 4 & 1 Will. 4 , c . 66, s. 2.
such is remediable in a Court of Law or By the stat. 7 Will. 3, c. 3, no prosecu .
(more commonly) of Equity . tions for treason were to be brought but
High treason is, therefore, now called within three years from the alleged com
treason simply. mission of the offence ; and by the same
The charge of treason, being vague, was statute, coupled with that of 7 Anne, c . 21 ,
dangerous to the liberty of the subject; there must, in order to secure a conviction ,
and inasmuch as trivial or dubious offences be two witnesses to one and the same act
TREASON- continued . TREATIES — continued .

of treason, or to different acts of the same every sovereign state which has not parted
treason . Moreover, by these two statutes with that portion of its sovereignty, or
a list of the witnesses for the prosecution, agreed to modify its exercise by compact
together with a copy of the indictment, is with other states. Sovereigns treat with
to be delivered to the prisoner ten days each other through the medium of plenipo
before the trial; also a copy of the panel tentiaries ; and reserve to themselves the
of jurors two days before the trial . The power of ratifying or not what has been
prisoner is also allowed to make his de- concluded in their name by their ministers.
fence by counsel. The municipal constitution of every parti
Under the stat. 39 & 40 Geo. 3, c. 93, cular state determines in whom resides
when the treason consists in an attempt to the authority to ratify ; in absolute monar
assassinate the Sovereign, the offence is chies, it is the prerogative of the Sove
made triable as murder , but continues reign himself to confirm the act of his
punishable as treason ; under the stat. 11 plenipotentiary by his final sanction ; in
& 12 Vict. c. 12, it is made a felony to in- certain limited or constitutional monarchies,
tend to depose the Sovereign , or to place the consent of the legislature is required
duress upon her in order to compel her to for that purpose; in some republics, as in
change her counsels, or to intimidate either that of the United States of America, the
House of Parliament, or to incite any advice and consent of the Senate are essen
foreigner to invade the kingdom . Lastly, tial. In all these cases, it is, consequently,
under the stat. 5 & 6 Vict. c. 51 , 8, 2, it is an implied condition in negotiating with
made a high misdemeanor to strike at the foreign powers, that the treaties concluded
Sovereign or to discharge, or pretend to by the executive government shall be sub
discharge, fire-arms near her person with ject to ratification in the manner prescribed
intent to alarm her, it making no difference by the fundamental laws of the state .
whether the pistol is loaded or not. Regarding the effect of war on treaties,
See titles OVERT ACT ; SCRIBERE EST those of friendship and alliance are neces
AGERE. sarily annulled by a war between the con
TREASURE - TROVE . Any money, coin , tracting parties, except such stipulations
gold, silver, plate ,or bullion found ( trouvé) therein as are made expressly with a view
hidden in the earth , the owner thereof being to a rupture ; and treaties of commerce and
unknown ; such kind of treasure in general navigation are in general suspended but
belongs to the king, and forms one of the are sometimes entirely extinguished by a
precarious sources of his revenue . When, war between the parties. On the other
however, it is found in the sea or upon the hand, all stipulations with respect of the
earth it does not belong to the king, but conduct of the war, or with respect to the
to the finder in case no owner appears. In effect of hostilities upon the rights and
many cases treasure-trove belongs to the property of the citizens and subjects of the
lord of the manor within whose limits it is parties continue in full force until mutually
found , by special grant or prescription agreed to be rescinded, that being the very
( Cowel.) contingency intended to be provided for.
See title TaxatION, HISTORY OF. The power of making treaties of peace, like
that of making other treaties with foreign
TREASURY : See titles EXCHEQUER, states, is limited by the national constitu
COURT OF ; REMEMBRANCERS OF THE Ex- tion . A general authority to make treaties
CHEQUER . of peace necessarily implies a power to
TREASURY BENCH. In the House of stipulate the conditions of peace, including
Commons the first row of seats on the right the cession of the public territory. In
hand of the Speaker is so called, because England the treaty-making power, as a
occupied by the First Lord of the Treasury branch of the royal prerogative, has in
or principal Minister of the Crown. theory no limits; but it is practically
TREASURY, PROSECUTIONS BY. Any limited by the general controlling autho
subject may prosecute for a criminal offence, rity of parliament, whose approbation is
always necessary to carry into effect a
whether or not he is directly affected there treaty, whereby the existing territorial
by ; butin cases of magnitude, the Treasury arrangements of the empire are to be
not unfrequently undertakes the prosecu
tion , thereby relieving the private indi altered, or whereby money is to be found
vidual. for the purposes of the treaty. The effect
See titles DIRECTOR OF PUBLIC PROSE
of a treaty of peace is to put an end to the
CUTIONS ; PUBLIC PROSECUTOR, war. It does not extinguish claims founded
upon debts contracted or injuries intricted
TREATIES. The power of negotiating previously to the war, and unconnected
and contracting public treaties between with its causes, unless there be an express
nation and nation exists in full vigour in stipulation in the treaty to that effect.
TREATIES — continued . TRESPASS - continued .
Hence debts previously contracted between the trespass is done to goods or personal
the respective subjects, though the remedy property, it is called trespass de bonis
for their recovery is suspended during the asportatis — an action which , equally with
war, are revived on the restoration of peace. the other, rests upon possession, but the
The treaty of peace leaves everything in possession in this case may be either actual
the state in which it found it, unless there or constructive , constructive possession
be some express stipulation in the treaty being that which ownership or property
to the contrary . draws with it by implication or construc
TREBLE COSTS. Were three times the tion of law.
amount of the costs incurred by a party in TRESPASS ON THE CASE . Is the
an action , and the payment of such costs form of action adopted for the recovery of
was by various statutes imposed as damages for some injury resulting to a
punishment upon persons violating the party from the wrongful act of another,
provisions of those statutes. Thus by 29 unaccompanied with direct or immediate
Eliz . c. 4, the sheriff for extortion on final force. Thus, if a man in throwing a log
process, in addition to treble damages (or into the highway, strikes a passer -by, he
three times the amount of the sum which may sue in an action of trespass simply so
he had extorted ), was liable to pay also called, and only in that action for damages
treble costs, which was the amount of the for the injury he may have sustained ; but
plaintiff's costs reckoned three times over if after the log fallen and rested on
( 2 B. & Ald. 393 ; 1 Ch. Rep. 137 ; 2 Ch . the ground, he stumbles over it, and so
Pl. 326 ), n . ( 1), 6th ed . ) ;: but all provi receives an injury, then “ trespass on the
sions entailing treble costs and double case," or, as it is commonly called, an action
costs were repealed by the stat. 5 & 6 Vict. “ on the case,” would be his appropriate
c . 97. remedy. It is called an action upon the
See titles DOUBLE Costs ; Costs. case , because the original writ by which this
TREBUCKET. A certain engine of cor action was formerly commenced was not
rection, in which persons convicted of the conceived in anyfixed form , but was framed
offence of being common scolds wereplaced ; and adapted to the nature and circum
it was also called the castigatory or cucking stances of the case by virtue of the statute
stool, wbich latter is said to signify in the De Consimili Casu ( 13 Edw. 1, Statute of
Westminster the Second ), c. 24 ( Scott v.
Saxon language scolding stool, though fre Shepherd, 2 Bl. Rep. 892 ; 1 Smith's L.
quently corrupted into ducking stool, from C. 210 ; 1 Chit. on Pl. 127 , 6th ed. ; Com .
the circumstance of the offender placed
therein being plunged in the water for her Dig. tit. “ Action upon the Case ” (a.)).
punishment (3 Inst. 219). TRESPASS OR CASE , WHICH ? Prior
to the Judicature Acts, 1873-75, the distinc
TRESPASS. This word , in its ordinary tion was important between actions of tres
sense, signifies an injury committed with pass and of case ; and the rule was, that
violence, either actual or implied ; for
the law will imply violence though none trespass (and not case) lay for injuries at
ance wilful and direct, and case (and not
is actually usedl, when the injury is of trespass) for injuries neither wilful nor
a direct and immediate kind , and com
mitted on the person or tangible and direct, but negligent and indirect only, and
corporeal property of the plaintiff. Of that case or trespass lay indifferently when
the injury, although direct, was not wilful
actual violence, an assault and battery is but only negligent (Scott v . Shepherd,
an instance ; of implied , a peaceable but 2 W. Bl. 892 ; Moreton v. Hardern, 4 B. &
wrongful entry upon a person's land . The C. 224) .
action of trespass is usually either an action TRESPASS DE BONIS ASPORTATIS . Is
of trespass vi et armis, or an action of
trespass on the case ; the former being the name of the action which lay prior to
brought to recover damages for wrongs the Judicature Acts, 1873-75, for injuries
done with direct violence, the latter to re caused directly to personal property, and
cover damages for wrongs not done with was for the wrongful taking away thereof,
direct violence, or if done with direct vio. while trover was for the wrongful keeping
lence, yet resulting from negligence as of property in the first instance rightfully
obtained . The action was founded on the
distinguished from design ( Steph. Plead.
17 ; Smith's Action at Law, 2 ). Again , right of possession in the plaintiff, but the
where trespass is done to lands or real pro possession might be either constructive or
actual ,
perty, it is called trespass quare clausum See title TROVER.
fregit :and to support this action , the
plaintiffmust have been in the actual pos TRESPASS QUARE CLAUSUM FREGIT.
session of the land at the time of the tres Is the name of the action which lay prior
pass committed . On the other hand, where to the Judicature Acts, 1873-75 , for inju
TRESPASS QUARE CLAUSUM FREGIT TRIAL, ENTRY FOR. The party who
-continued . gives the notice of trial (see title TRIAL,
ries caused directly to real property, and NOTICE OF), is to enter the action for trial
was for the wrongful entry upon land, on the day of or day after the notice ; and
without any retention of the possession, if he fail to do so, the other party may
ejectment being the action for the wrongful within the next four days enter the action
retention of the possession. The action for trial (Order XXXVI., 14 ). The entry is
was founded on the right of possession in made by leaving two copies of the plead
the plaintiff , which must have been actual ings (Order XXXVI ., 17) at the Associate's
and not merely constructive. Office, if trial is by jury ; and if not, then
See title EJECTMENT. at the office of the division in which the
action is.
TRESPASS VI ET ARMIS : See title
TRESPASS. TRIAL BY JURY , There being five
TRIA CAPITA . In Roman Law , were various modes of trial specified by the
Judicature Acts, the party giving the
ciritus, libertas, and familia, that is, citizen notice of trial specifies in his notice the
ship, freedom , and family rights. mode of trial which he selects ; for he has
See titles CAPUT AND STATUS; STATUS.
the first right of selection. If he specify
TRIAL. The mode of determining a trial before a judge and jury, and the ques
question of fact in an action, or the formal tion is one which ( prior to the Judicature
method of examining and adjudicating Acts ) might and would have been tried by
upon the matter of fact in dispute between a judge sitting alone, then the judge may
the plaintiff and the defendant. There in his discretion , upon the application of
are various species of trials according to the other party , direct a trial without a
the nature of the subject or thing to be jury (Order xxxvi., 26 ; Rushton v. Tobin ,
tried. A trial at bar, which is a species of 10 Ch. Div . 558 ) ; and the Court will
trial now seldom resorted to excepting in always do so , if there has been a consent
cases where the matter in dispute is one of to take the entire evidence by affidavit at
great importance and difficulty, is a trial the trial ( Brooke v . Wigg, 8 Ch . Div. 510).
which takes place before all the judges at But otherwise trial by jury is at the option
the bar of the Court or division in which of either party to demand as a right ( Sugg
the action is brought (Steph. Pl. 84 ) . The V. Silber, 1 Q. B. Div. 362).
recent case of Reg. v. Castro, otherwise
Tichborne, or Orton ( 1872–3 ), was an ex TRIAL, NOTICE OF . The plaintiff in
ample of trial at bar. The more usual an action is to give the defendant notice of
varieties of trial are the following , trial, and he may do so either along with
( 1.) Before a judge or judges sitting his reply (when that is the close of the
alone ; ( 2.) Before a judge or judges sit pleadings) or at any time afterwards
ting with assessors ; (3. ) Before a referee (Order xxxvi., 3) ; and if the plaintiff fail
(official or special) sitting alone ; (4. ) Be for six weeks to give the requisite notice,
|
fore a referee (official or special) sitting the defendant may do so (Order XXXVI., 4 ).
with assessors ; and (5.) Before a judge The notice is usually a ten days' notice,
with a jury ( Order xxxvi., 2). short notice of trial being four days
See title TRIAL BY JURY. (Oriler xxxVI. , 9). And the notice is to
specify the mode of trial. The notice
TRIAL, APPEARANCE AT. If the ceases to be in force, unless the action is
plaintiff appears and the defendant does entered for trial by one party or another
not appear at the trial when the action is within six days after the notice (Order
called on, the plaintiff proves his claim so XXXVI., 10 a) ; and excepting by consent or
far as the burden of proof rests with him with leave no notice of trial can be counter
(Order xxxvi., 18) ; and conversely, if the manded ( Order xxxvi. , 13).
defendant appears and the plaintiff does
not appear at the trial, when the action is TRIBUNALS. Tribunals, i.e., Courts of
called on, the defendant (not having raised Justice, are of three great varieties, viz. :
any counter-claim ) may have an imme ( 1.) Regular ; (2.) Summary ; and ( 3. )
diate judgment dismissing the action Casual. Regular tribunals are those which
(Order xxxvi., 19), and a defendant, who (like the High Court of Justice) are con
has raised a counter -claim , proves such stantly sitting and proceed in accordance
counter -claim so far as the burden of proof with a well-defined and formal procedure ;
rests with him (Order xxxvi., 19) ; but in Summary tribunals are those which ( like
either case the judge may postpone or justices of the peace ) exercise a summary
adjourn the trial upon terms( Order xxxvi., jurisdiction, principally under particular
21) ; or the non -appearing party may appear statutes authorizing in that behalf ;
them Courts
within six days after trial to set aside the and Casual tribunals are or com
judgment upon terms (Order xxxvI., 20). missioners constituted for emergencies of
TRIBUNALS — continued . TRIORS OF JURORS — continued .
rare occurrence, and which (when the one man indifferent, he shall be sworn , and
emergency is over) cease to exist. he with the two triors sball try the next,
See title Courts OF JUSTICE ; Sum- and when another is found indifferent and
MARY JURISDICTION ; MARTIAL LAW. sworn, the two triors shall be superseded ,
TRIBUNALS OF COMMERCE : See title and the two first swom on the jury shall
TRIBUNAUX DE COMMERCE . try the rest ( Cowel ; Smith's Action at
Law , 146 ).
TRIBUNAUX DE COMMERCE . In See title CHALLENGE OF JURORS.
French Law are Courts consisting of a
TRIPERTITUM JUS : See title TESTA
president, judges, and substitutes elected
in an assembly of the principal traders. MENTORUM GENERA.
No person under thirty years is eligible as TRITHING : See title RidingS.
a member of the tribunal, and the pre
sident must be forty years of age at the TROVER . Is that form of action adapted
least. The tribunal takes cognizance of all to try a disputed question of property in
cases arising between merchants, and also goods or chattels. It is called trover, be
of all disagreements arising among part cause it is founded upon the supposition
ners. The course of procedure is as in (which, however , is in general a mere
civil cases, and with an appeal to the fiction ), that the defendant found ( trouve )
regular Courts. the goods in question ; and the declaration ,
TRIENNIAL ACT. Was an Act passed after stating such a finding, proceeded to
by the Long Parliament, 1640–1, and re allege that the defendant converted them to
pealed by the Convention Parliament, his own use ( such conversion being the
1660, and was more particularly the Act true gist of the action) ; and then the
6 Will. & M. c. 2, whereby every Parlia plaintiff claims damages for the injury
ment, unless sooner dissolved , came to an which he has sustained by such wrongful
end in three years. It was repealed on the conversion. In substance, the remedy is
accession of Geo . I. by the Septennial Act. to recover the value of personal chattels
See titles CONVENTION PARLIAMENT, wrongfully converted by another to his own
ACTS OF ; SEPTENNIAL Acr. use. The form supposes the defendant may
have come lawfully by the possession of
TRINITY HOUSE. Consists of the Mas- the goods. This action lies, and has been
ter, Wardens, and assistants of the Guild brought, in many cases, where in truth the
of St. Clement in the parish of Deptford , defendant has got the possession unlawfully .
in the county of Kent, at one time ( if not It is an action of tort, and the whole tort
still ) known as the Guild of the Trinity at consists in the wrongful conversion . Two
Deptford, and it has, subject to the con- things are necessary to be proved to entitle
trol of the Board of Trade, a general con- the plaintiff to recover in this kind of ac
trolling authority over all subordinate tion ; First, property in the plaintiff, and,
pilotage authorities ; and it licenses the secondly, a wrongful conversion by the
pilots within the “ London District ” (viz., defendant (see per Lord Mansfield in
the Thames ), “ the English Channel Dis- Cooper v. Chitty, 1 Burr. 20 ; 1 Smith's
trict,” and “ the Trinity House Outport L, Č. 230). Moreover, the property neces
Districts ” (being any pilotage districts for sary to support the action must be one
which parliament has made no other parti which draws with it a right to the imme
cular provision ). A Trinity House pilot is diate possession also of the thing converted
not liable for damage beyond the penalty (Gordon y: Harper, ? T. R. 9 ) ; conse
of the bond ( £ 100 ) which he executes to quently, if the tbing is in pledge to another,
the House, and the amount of his pilotage. the pledgor, although owner , cannot bring
A Trinity House pilot pays an annual the action. But the pledgee, as having
poundage of sixpence on his earnings as what is called a special property in the
pilot, and also an annual fee of £3 38., thing, may bring the action ; and generally
these payments constituting the Trinity any bailee of the goods may do so on the
House Pilot Fund, which goes to maintain like ground.
the House in the exercise of its duties.
TRUCK ACT. Is the stat. 1 & 2 Will. 4,
TRINODA NECESSITAS : See title c . 37, providing that in all contracts for the
TENURE OF LAND, HISTORY OF. hiring of any artificer in any of the trades
TRIORS OF JURORS.
following, viz., in the making , casting,
Persons selected
converting, or manufacturing of iron or
by the Court to examine whether a chal- steel, or in the working or getting of any
lenge made to the panel of jurors, or any of mines of coal, ironstone, limestone, salt
them , be just or not. These, if the first rock , or in the working or getting of stone,
juror be challenged , are two indifferent slate or clay ,or inthe making or preparing
persons named by the Court ; if they find of salt, bricks, tiles, or quarries, and in
TRUCK ACT — continued . TRUSTEE ACTS - continued .

various other trades particularly mentioned , directed to convey the trust property to
or for the performance by any artificer of such person or persons as the Courtdirects ;
any labour in any of the said trades, the the Acts containing also various incidental
wages of such artificer shall be made pay directions with regard to the mode of effec
able in the current coin of the realm only, tuating these various purposes.
and any contract making the wages pay . TRUSTEE FOR CREDITORS . In bank
able and all payments in any other manner,
shall be void . Any contract containing ruptcy and also in liquidation (but not in
any provision with respect to the place composition ), a trustee for the creditors is
where, or the manner in which , or the appointed , and immediately upon his ap
person or persons with whom any part of pointment there vests in him all the pro
the wages shall be laid out or expended, perty of thedebtor, together with all powers
shall be void . Penalties may be recovered ( i.e. , general powers) which the debtor may
exercise for his own benefit. And the
from employers entering into contracts that
are illegal under the Act. But contracts trustee decides upon the proofs of debts,
(being in writing) for stoppages on account subject to the pretending creditor's right of
of medical relief, &c. , out of the wages of appeal; and the trustee also collects and
artificers are permitted by the Act. Arti distributes the assets pro ratâ among the
creditors. He is a trustee for the creditors
ficers, within the meaning of the Act, are only , and not for the debtor.
ordinary workmen.
See titles BANKRUPTCY ; SURPLUS IN
TRUE BILL . When any offence charged BANKRUPTCY ; &c.
in a bill of indictment appears to the grand TRUSTEE RELIEF ACT. Is the Act
jury to be sufficiently proved, the clerk of
the grand jury indorses on the bill the 10 & 11 Vict. c. 96, amended by the Act
words " True Bill ; ” and when the offence 12 & 13 Vict. c. 74, under which trustees,
charged does not appear to be sufficiently executors, administrators, &c. (or the major
proved, the indorsement is “ No true bill ;" part of them ), having in their hands any
in other words, the grand jury throw out moneys or having any stocks of the Bank
the indictment in the latter case, and send of England or of the East India Company,
it to the petty jury for trial in the former or South Sea Company, or any government
case . or parliamentary securities standing in their
See titles GRAND JURY ; PETTY JURY. names or in the names of their deceased
testator or intestate, belonging to any trust,
TRUSTEE. Any one may be a trustee, are at liberty to pay such moneys into the
but a corporation (by reason of the Mort Bank of England to the account of the
main Acts) and an infant and feme coverte Paymaster-General of the Chancery Divi
(by reason of their respective disabilities) sion of the High Court, or to transfer or
are not suited to be trustees. A trustee, deposit such stocks in the name of such
having once accepted the trust , cannot dele Paymaster in the matter of the particular
gate the office ; but he may retire from the trust, in trust to attend the orders of the
trust, under an authority in that behalf in said Court, and so as to relieve themselves
LA the instrument of trust, or else with the of their duties as trustees .
sanction of the Court of Chancery. He is TRUSTS. Uses having existed previ
liable personally for every breach of duty, ously to the Statute of Uses (27 Hen. 8,
no matter how careful he supposes himself
to be ; but when a discretion is vested in c. 10 ), although merely as confidences
him regarding the administration of the which the Court of Chancery upheld and
trust, then he is exempted from liability enforced , these early confidences were the
for losses, so long as he uses average and earliest form of trusts ; but after that
customary diligence. He is practically statute, these uses having in consequence
liable also for the acts and defaults of his thereof become transmuted_into legal
co -trustee, unless the trust instrument ex estates, the jurisdiction of Equity over
pressly exempts him from such liability. trusts promised to cease, or at any rate, to
య మంత become unnecessary , when the decision in
TRUSTEE ACTS. These are the stats . Tyrrell's Case (4 & 5 Phil. & M.), whereby
13 & 14 Vict. c. 60, and 15 & 16 Vict. c. 55, the Courts at Westminster refused to re
under which, orders vesting lands or stocks coguise any second use upon a first use,
in new trustees may be made, when the i.e., a use upon a use, revived or restored
existing trustees are either lunatics, or in to the Courts in Lincoln's Inn, and even
fants, or are out of the jurisdiction, or are increased, their former jurisdiction over
uncertain , or refuse to convey; and under trusts.
which, new trustees may be appointed In regulating the qualities and incidents
whether there are existing trustees or not ; of trust estates, Equity followed the Law
and under which, specified persons may be in its leading principles, construing, for
12
TRUSTS — continued . TRUSTS — continued .

example, words of limitation in the like intention of the party, but which
manner as the same were construed at are raised by construction of
Law, and generally (although with some Equity without any regard to in
exceptions hereinafter mentioned ), adopt tention, and simply for the pur
ing the rules of Law with little or no pose of satisfying the demands of
variation . Thus, in fact, in every estate, justice and of good conscience .
there came to exist, by possibility at least, The following is a more or less exhaus
and in general in actual fact as well, two tive list of all the varieties of trusts falling
estates of equal quality and duration, ex- under each of the three principal heads
isting side by side, and like parallel lines above enunierated , viz.
of equal length running beside each other, I. Express Trusts.
the one estate being called the equitable ( 1. ) Express Private Trusts :
estate and the other the legal estate. And (a. ) Executed and executory trusts ;
like parallel lines , the two estates in their (6. ) Trusts voluntary and for value ;
own nature never meet, although just as (c. ) Trusts in favour of creditors ;
the two parallel lines being laid upon the (2. ) Express Public Trusts, called also
top of each other would coincide and grow Charitable Trusts.
into one line only, so the two estates being II. Implied Trusts.
by force, ab extra themselves, brought (a.) Trusts resulting from a purchase
together do also coincide and grow into in the name of a stranger ;
one estate only , a union which is called ( 6.) Trusts resulting from an incom
the union of the equitable with the legal plete disposition of the equit
estate in fee. able estate ; including
Two statutes are all- important in their (c.) Trusts of the undisposed of sur
bearing upon trusts , the first of the two plus of personal estate for the
being the Statute of Uses already men next of kin , or of real estate for
tioned, and the other of them the Statute the heir - at -law ;
of Frauds ( 29 Car. 2, c. 3) ; and in distin- (d.) Trusts under conversions that
guishing these two statutes, it is essential fail wholly or partially :
to note, - ( 1.) That the Statute of Uses, on (e.) Trusts in cases of joint tenancies
the one hand , extends to freehold here whether of purchasers, or of
ditaments only, and neither to leaseholds mortgagees.
nor to copyholds; and, à fortiori, not to III. Constructive Trusts.
pure personal estate; and (2.) That the (a .) Vendor's lien , also vendee's lien,
Statute of Frauds, on the other hand, ex in respect of purchase-money
tends to freeholds, leaseholds, and copy either unpaid or prematurely
holds indifferently, requiring for the crea paid ;
tion of a trust thereof respectively the use (6.) Renewal of leases by trustee in
of writing, but as the latter statute does not his own name ;
extend to pure personal estate, it follows (c.) Permanent in provements to an
that a trust of pure personal estate may estate which were unayoid
be created without writing, or by word of able ;
mouth only ( McFadden v. Jenkins, 1 Phil. (d.) Heir of mortgagee in respect of
157 ). mortgage loan for next of kin
Trusts are manifold ; but are com of mortgagee.
monly arranged under the fol ng There are certain requisites for the crea
heads : tion of a trust, other than and in addition
I. Express Trusts ,-being trusts which to the statutory requisite of writing above
are created in so many fit and ap- mentioned , where writing is required, these
propriate terms, and which are requisites being three in number, and fami
subdivided thus, liarly called
(a.) Express Private Trusts,-being The Three Certainties in Trusts. These
trusts affecting private indivi. three certainties are, -
duals only ; and (1.) Certainty in the words creating the
(6.) Express Public Trusts,-being trust ;
trusts affecting public bodies (2.) Certainty in the subject of the trust,
primarily. i.e., in the trust property ;
II. Implied Trusts, – being
-
trusts (3.) Certainty in the object of the trust,
founded on the presumable, al i.e. , in the beneficiary.
though unexpressed, intention of ( Knight v. Knight, 3 Beay. 172 ; 11 Cl. &
the party who creates them ; and F. 513) ; and failing any one or more of
III. Constructive Trusts ,-being trusts these three certainties, the trust which
which are founded neither on an was intended , inevitably fails ; but it being
expressed nor on any presumable clear that some trust was intended, the
TRUSTS - continued . TRUSTS — continued .

trustee is not, in such cases, entitled or to the same, which consequently falls to
permitted to take or keep the property for the ground , although the Court will in
his own benefit ( Briggs v . Penny, 3 Mac. & many cases of executory trusts ( being in
G. 546), if there are any other persons favour of purchasers for value and such
entitled (whether as devisees or legatees like) give effect thereto, saving all prior
of the residue, or as heirs, or next of kin equitable rights.
of the testator or intestate), to have it trust may be an executed trust in
made over to them according to its quality ; either of two ways, either,
and if there are no such other persons as ( 1.) By declaration of trust, which is a
last mentioned , then the Crown takes the simple and informal mode of creating it,
personal estate as bona vacantia « Taylor v. requiring, however, writing (although not a
Haygarth, 14 Sim . 8 ), butthe trustee keeps deed) in the case of land (whether freehold,
the real estate for his own benefit, his copyhold, or leasehold ), but not even requir
tenure thereof excluding escheat (Burge88
v. Wheate, 1 Eden
ing any writing in the case of pure personal
, 177). estate. The Court of Chancery is bound
Executed and Executory Trusts. - An to enforce a trust that is completely created
executed trust is one which the person in this simple manner ( Ex parte Pye, Ex
creating it has fully and finally declared , parte Dubost, 18 Ves. 140 ). If the person
whence also it is called a Complete Trust ; should be both legal and equitable owner
an executory trust is one which the person of the property ofwhich he declares the
creating it has not fully or finally declared, trust, he declares himself the trustee
but has given merely an outline of it by way thereof ; if, on the other hand , he is the
of direction to the conveyancer, whence equitable owner only, he directs his own
also it is called sometimes an Incomplete trustee ( who is the legal owner ) to hold the
and sometimes a Directory Trust. property upon the trusts which he then
The Court of Chancery deals very dif- and there specifies in the direction ; and
ferently with executory trusts to what it such latter direction , although it has not
does with executed ones. ( nor any notice of it) been sent to the
Thus ( 1.) That Court follows the Law trustee, and although the trustee refuses
(æquitas sequitur legem ) with regard to his assent to it, is binding and effectual
executed trusts , e.g., the rule in Shelley's against the party giving it; but notice to
Case applies to these, without any excep- the trustee is necessary to give the new
tion ; whereas with regard to executory cestui que trust a right in rem over the
trusts the Court takes the following distrust property which shall protect him in
tinction , viz. : it against third persons claiming without
( a .) If the executory trust occurs in notice thereof ( Bill v. Cureton, 2 My. & K.
marriage articles ( Trevor v. Trevor, 1 P. 503 ) ;
Wms. 622 ), or in a will manifestly point- Or, again , a trust may be an executed
ing at marriage ( Papillon v. Voice , 2 P. trust,
Wms. 571 ), the Court refuses to follow the (2.) By assignment or conveyance of the
rule in Shelley's Case as to their construc- trust property , according as it is personal
tion , as by so doing it would give to the or real estate, to a trustee, accompanied
intended husband full power of defeating with a limitation or declaration of the
the prospective issue of the intended mar- trusts thereof ; but many difficulties have
riage of the provision presumably intended arisen with reference to this second mode
to have been made in their favour ; but of creating a trust, which manifestly is a
(6.) If the executory trust occurs in a mere technical or formal mode of doing so.
will, and that will does not manifestly The sources of the difficulty have been
point at marriage, the Court follows the two, and (apparently) only two, that is to
rule in Shelley's Case, and gives to the say ,
ancestor an estate in fee simple or in fee (a. ) The circumstance that, at Law, and
tail without reference to his issue, there also in Equity, there can be no assignment,
being no presumption in this case of any strictly so called, of personal estate, and
intention to provide for such issue (Sweet- no conveyance, strictly so called, of real
apple v. Bindon , 2 Vern . 536 ; Papillon v. estate otherwise than by deed ; and neither
Voice, supra ); and the statutes (e.g. , the 30 & 31 Vict. c. 144,
( 2.) The Court of Chancery is ready, as to Policies of Life Assurance ; the 31 &
and is even compellable, in all cases of an 32 Vict. c. 86, as to Policies of Marine
executed trust to give full effect to the Assurance ), which prescribe a simple statu
sanie, saving all prior equitable rights, and tory form of assignment or conveyance, nor
that even in favour of volunteers, but the the Judicature Act, 1873, ss. 25, 26, itself
Court refuses, and is not compellable, in any have altered the former law of the Courts
case of an executory trust (being in favour in this respect; and
of a volunteer) to give any effect whatever (6.) The further circumstance, that
2 N
TRUSTS — continued . TRUST8 – continued .
until the Judicature Act, 1873, s. 25, the owner only, it is not within his power at
Courts of Law and the Courts of Equity the time of the assignment to clothe him
respectively proceeded upon different prin self with the legal ownership as well, be
ciples with regard to the assignability of fore making the assignment (Gilbert v.
choses in action, which constitute by far the Overton, 2 H. & M. 110) ; but the assign
larger part of the personal property which ment is executory only, if it is within his
is made the subject of a trust. power to do so at the time of the assign
From these two sources of difficulty com ment and he neglects to do it before
bined, it has been held in numerous cases assigning ( Bridge v. Bridge , 16 Beav. 322 ),
that trusts attempted to be created in the but of course ouly if he knows it ( Gilbert
more formal manner, i.e., by assignment or v . Overton , 2 H. & M. 110 ).
conveyance accompanied with an express Trusts Voluntary and for Value.- Vol
declaration of the trusts, are executory untary Trusts are trusts in favour of a
only and not executed in the following volunteer, i.e., of a person as to whom the
cases, - trust is a pure bounty or gift, for which he
( a .) When the assignment was attempted
6
pays or gives nothing as the price thereof;
to be marle by the use of the words, “ I do on the other hand , trusts for value are
hereby assign ," &c., indorsed on the back trusts in favour of purchasers, mortgager-s,
of the receipt given for a subscription paid or others, whom the Courts of Equity re
upon a call in respect of shares in a com gard as valuable claimants.
pany, the indorsement not having been exe ( A. ) If a voluntary trust is executed , i.e.,
cuteil and delivered as a deed (Antrobus v. complete, the Court is ready and is com
Smith, 12 Ves. 39 ) ; pellable to enforce it ; but if a voluntary
(6. ) Where the assignment was at trust is executory, i.e., incomplete, the Court
tempted by the like form of words also refuses and is not compellable to enforce
indorsed on the back of a bond, the indorse it, and accordingly it falls to the ground
ment not having been executed and ( Jefferys v . Jefferys, Cr. & Ph. 138 ). This
delivered as a deed , although the bond rule is without any exception, excepting
itself was delivered ( Edwards v. Jones, ( but to a very limited extent) in the case
1 My. & C. 226 ) ; and even of powers, and excepting in the case of
( c ) When collateral formalities, being powers in the nature of trusts ; and accord .
such as went to aff ct the efficacy of the ingly, in the case of voluntary trusts, the
deed for the purpose of assignment, had conflict has in general been contined to
been neglected , although the assignment the finding of one fact, viz., whether the
was by deed duly executed and delivered , trust is executed, i.e., complete, or is exe
and therefore valid by the general law cutory, i.e., incomplete.
(Searle v. Law , 15 Sim . 95). ( B.) On the other hand , a trust for value,
On the other hand, it has been held in whether it be executed or executory, is
still more numerous cases, that trusts at invariably enforced by the Court of Chian
tempted to be created in the more formal cery, saving all prior equitable rights.
manner are executed, and not executory Voluntary trusts and trusts for value are +
merely, in the following cases : also distinguished by the Courts of Equity

(a.) Where the property was assignable in many other ways ; thus
at Law , and the person assuming to assign (a.) Avoluntary settlement, whether of
it used for that purpose a deed duly exe real or of personal estate, if it be fraudu
cuted and delivered ,there being no neglect lent within the meaning of the stat. 13
of collateral formalities interfering with Eliz. c. 5, is void against creditors who
the validity of the deed for the purpose of were in existence at the date of the settle
assignment; and even ment, and are thereby hindered in the
(6. ) Where the property was not assign recovery of their debts ( Spirett v. Willous,
able at Law , but the person assuming to 3 De G. J. & S. 293 ), or who not having
assign it used for that purpose a deed become creditors already at the date of the
duly executed and delivered , there being settlement, have an equity to stand in the
no neglect of collateral formalities inter position of the creditors who were already
fering with the validity of the deed for the such at that date ( Freeman v. Pope, L. R.
purpose of assignment ( Fortescue v. Bar 5 Ch . 538 ); but although being fraudulent
nett, 3 My. & K. 36 ; Kekevich v.Manning, it is good and valid against the settor
1 De G. M. & G. 176). himself ( Smith v. Garland, 2 Mer. 123 ).
And a comparison of the two cases just On the other hand, a settlement for value,
cited shews, that for the validity of such whether of lands or of goods, if it be not
an assignment in the creation of a trust it fraudulent within the meaning of the
makes no difference whether the assignor Common Law , i.e., in common sense and
is both legal and equitable owner, or equi reason , is valid against all the world, in
table owner only, provided that if equitable cluding the settlor, and also creditors and
TRUSTS — continued . TRUST8 — continued .

purchasers, no matter although these lat- of cestuis que trust. Made one day, they
ter persons may be hiudered or frustrated may be unmade the next, upon a happier
in the recovery of their debts or purchases ; thought. Nevertheless, such deeds be
and a very little value, not being colour- come irrevocable in certain cases, being
able,will in general suffice,more especially principally two, namely,
if it be conjoined with the consideration of (a .) where the creditors, or one or more
blood or natural affection, which the Law of them , are parties to the deed, and exe
considers meritorious ( Hewison v . Negus, cute it, it becomes irrevocable as to the
16 Beav . 591 ) ; again , executing creditor or creditors (Mackinnon
(b ) A voluntary settlement ( being, how- v. Stewart, 1 Sim . (N.S.) 88 ) ; and
ever,of real estate only) , if it be fraudulent (6.) Where the deed is communicated to
within the meaning of the stat. 27 Eliz. c. 4, non -executing creditors, and they, or one
is void against purchasers, including mort- or more of them , after such communica
gagees, who become such subsequently to tion , relying on the deed, have altered
its date ; but such a settlement is good their positions or position relatively to the
against subsequent judgment creditors debtor, e.g. , by abandoning some compul
( Beavan v. Earl of Oxford, 6 De G. M. & sory proceeding which they had commenced
G. 507 ), and as against the settlor himself against him for the recovery of their rlebts
and volunteers claiming under him that (Acton v . Woodgate, 2 My. & K 495 ; Field
are subsequent in date, and even ( it has v. Lord Donoughmore, 1 Dru . & War. 227 ) ;
been held) against a bonâ fide purchaser but mere communication, not followed by
for value from such latter volunteers ( Doe such an alteration of position , does not
v. Rusham , 17 Q. B. 723 ; Lewis v. Rees, make the deed irrevocable ( Biron v. Mount,
3 K. & J. 132 ; Richards v. Lewis, 11 C. B. 24 Beav. 649) . A creditor to whom the
1035 ). On the other hand, a voluntary deed bas not been communicated has no
settlement, being of personal estate, can equity under it ( Johns v . James, 8 Ch . Div.
in do case be fraudulent within the mean- 744) ; but if it contain all the debtor's pro
ing of, not being in fact comprised within , perty, he may make him a bankrupt on
the stat. 27 Eliz. c. 4 , and therefore is good the ground of it (see title BANKRUPTCY ).
against all the world, so far, at any rate, Trusts in Joint Tenancies. - Equity act .
as that statute is concerned (Jones v. ing upon the maxim that equality is
Croucher, 1 S. & S. 315) ; but it is clear it equity,although it is bound to recognise
may be fraudulent either within the mean- the joint tenancies which the rules of
ing of the 13 Eliz. c. 5, or within the law create, nevertheless seizes upon the
.
meaning and intention of the Common very slightest grounds of difference, dis
Law, or under the Bankruptry Act, 1869, tinction, or inequality for neutralising in
or the Bills of Sale Act, 1878, in any of effect the incident of survivorship which
which cases it would have no validity attaches to joint tenancies, on the ground
excepting as against the settlor himself, that such incident is unequal or inequitable
volunteers claiming under him, and , semble, as between the tenants. And, accordingly,
purchasers under such volunteers. On the in the case of MORTGAGES, although the
other hand , a settlement for value, whether mortgagees are as a general (and, indeed ,
of lands or of goods, not being fraudulent almost invariable) rule made joint tenants
within the meaning of the Common Law, at law, and the legal estate accordingly
is good against all the world. Lastly , survives to the survivor wholly, yet Equity,
( c.) Under the Bankruptcy Act, 1869, as well (a ) where the amounts advanced
8. 91 , settlements that are post-nuptial are by the respective mortgagees are equal, as
ipso facto void on the ground of fraud, if also (6) where they are unequal, breaks
the settlor becomes bankrupt within two through the rule of Law to this extent,
years from Their date, and are also void that it secures to the deceased his due
upon the like event happening within ten proportion of the mortgage debt, and for
years until proof of solvency at their date, that purpose, and because it finds the
the property settled being the bankrupt's legal estate already vested wholly in the
in his own right, and not what he tukes in survivor, declates the latter a trustee ( 1 )
right of his wife. for the deceased, to the extent of his pro
intainTrusts for Creditors. — Deeds of trust
no express power of revocati , are
con
portion, and (2) for himself, as to the
And again ,
in the case of PURCHASES, although the
on
(unlike other deeds, and unlike even vol- purchasers are made joint tenants, and
untary deeds) revocable by the settlor, as necessarily, therefore, are to remain so at
a general rule (Garrard v. Lord Lauder- Law , so that the legal estate survives to the
dale, 3 Sim. 1 ), being arrangements for the survivor wholly , yet Equity (C) where the
debtor's own convenience merely , and not amounts advanced by the respective pur
investing his creditors with the character chasers are unequal , breaks through the
2 N 2
TRUSTS —continued . TRUSTS- continued .
rule of Law to this extent, that it secures tance would be rendered to individuals ;
to the deceased his due proportion of the lastly,
purchased land, and for that purpose, and (3.) Charities are less favoured than in
because it finds the legal estate already dividuals in these two respects, viz., (a.)
vested wholly in the survivor, declares the that the Court will not marshal assets in
latter a trustee ( 1 ) for the deceased to the favour of charitis, although it will do so
extent of his proportion, and (2) for him- in the case of individuals (Williams v.
self, as to the residue of the purchased Kershaw , 1 Keen, 274, n.) ; but this only
land : but ( a ) where the amounts advanced means where the will contains no express
by the respetive purchasers are equal, direction to marshal (Mills v. Harrison ,
Equity has no ground for breaking through L. R. 9 Ch . App. 316) ; and (b .) that secret
the rule of Law , and in that case therefore trusts, if they ottend against the Mortmain
(being one case only out of four) permits Acts, are void (see title SECRET Trusts).
the incident of survivorship at Law to Vendor's Lien.-Where the vendor con
have its way in Equity as well. veys the estate sold before receiving the
Charitable Trusts.-- These are trusts in whole or some part of the purchase-money
favour of hospitals, the people, and such thereof, he has a lien , i.e. , hold , on the
Jike. As compared with trusts in favour estate for the unpaid purchase -money or
of individuals, trusts in favour of charities unpaid part thereof; and conversely , the
are treated by the Court of Chancery as purchaser or vendee also has a lien on
being , the estate contracted to be sold for the
( 1.) In some respects on a level with purchase.money or the part thereof where
individuals ; he has already paid. or prematurely paid,
(2.) In other respects with more favour the same, by way of deposit or otherwise,
than individuals ; and and the contract for any reason not impu
(3.) In two respects with less favour table to himself afterwards goes off (Mack
than individuals. reth v. Symmons, 15 Ves. 329 ; Wythes v.
Thus ( 1. ) They are treated on a level Lee, 3 Drew. 39 ). Either the vendor or
with individuals in the two following re- the vendee may, however, by his own neg .
spects : ligence, or by being party to a fraud, pre
(a.) The Court of Chancery will supply judice or lose the priority of his lien over
the want of a trustee or executor in the subsequent charges or claims ( Rice v. Rice,
case of a gift to a charity, just as it will 2 Drew. 73). Moreover, he will be taken
do ( at any rate , since the Trustee Act, to have abandoned his lien in the following
1850, and Trustee Extension Act, 1852) in cases :
the case of a gift to an individual ( Mills v. ( 1. ) Where a bond, bill, promissory note,
Farmer, 1 Mer. 55) ; or covenant, is taken expressly in lieu of,
( 6.) The Court of Chancery, equally or in substitution for, the unpaid purchase
with the Courts of Law , requires charitable money ( Bucklund v. Pocknell, 13 Sim. 406 ;
bodies to bring their actions and suits Parrott v . Sweetland, 3 My. & K. 655 ) ;
within the times limited for the same by (2.) Where any security (not of a per
the Statutes of Limitation (3 & 4 Will. 4, sonal nature), e.g., either a long annuity
c. 27 ; 37 & 38 Vict. c. 57 ) ; Att .-Gen. v. (Nairn v. Prowse, 6 Ves. 752), or a mort
Christ's Hospital ( 3 My. & K. 314), being gage either of the same (Bond v. Kent,
no longer law. Again , 2 Vern. 281 ), or of a distinct estate ( Corell
(2.) Charities are treated with more v. Simpson, 16 Ves. 278), is taken for the
favour than individuals in the two follow . unpaid part of the purchase -money. But
ing respects : the lien will remain where any security
(a.) Where a general intention to give which is of a personal nature is taken
to charities is evidenced by the particular generally,that is to say, is not taken in
intention which is expressed in the instru- express substitution for the purchase -money
ment of gift, and that particular intention (Collins v. Collins, 31 Beav. 316).
fails from any cause , the Court of Chan- The lien (where it exists) avails against
cery will find some other particular mode the following parties :
of making the gift effectual for a charity (1.) The purchaser or vendor, as the case
(Moggridgev. Thackwell,7 Ves.69 ); whereas may be ;
in the case of individuals the trust in such (2.) The heir of either ;
a case would be void for want of one of the (3.) Volunteers claiming under either ;
three requisite certainties . (4.) Malâ fide purchasers for value under
(b.) The Court of Chancery will also either ;
supply in favour of a charity defects in (5.) The trustee in bankruptcy of either ;
conveyances, not being defects which any and
statute has rendered fatal to the gift ( Sayer (6.) Bonâ fide purchasers for value under
v. Sayer, 7 Hare, 377) ; but no such assist either, not having the legal estate.
TRUSTS - continued. TRUSTS - continued .

All these distinctions depend upon the mortyage in fte which he has not fore
simple principle, that the lien being a real close I , and dies intestate, the legal estate
right, and therefore higher in quality than in the mortgaged property descends to his
a personal right, is not lost or merged in heir or real representative ; but the admi
the subordinate right, unless the parties nistrators of the deceased , or his personal
have so expressly agreed. representatives, are entitled to the bene
Trustee's Renewal of Lease.-- In the case ficial ownership of the moneys due on the
of a renewable lease which is held in trust mortgage, and to the security for the same;
by A. for B., upon the time for renewal and, accordingly, the Court of Chancery,
coming round , if A. renews the lease in finding the legal estate in the heir, declares
his own name, and expressly or impliedly bim a trustee for them to the extent of the
for his own benefit, he is nevertheless held moneys secured by the mortgage ( Thorn
by the Court of Chancery to be a trustee borough v. Buker, i Ch. Ca. 28).
för B. of the renewed lease, and it does
not matter that the landlord, for reasons of TRUSTS, RESULTING. Either,
his own, expressly and persistently refused (1.) Froin purchase in name of stranger ;
to grant a renewal to B., or in favour of B. or
( Krech v. Sandford, 1 W. & T. L. C. 39), (2.) From incomplete disposition of
the trustee being the only person in the equitable estate ; or
world who, in such a case, is incapa- (3.) From the failure of equitable con
citated from taking a renewal in his own versions.
name . The like stringent rule applies in ( 1.) In the case of purcha - ers, whether
the case of one co -partner taking a reof lands or of goods, the conveyance or
newal behind the barks of his co -partners assignment of which is tiken or made in
( Featherstonhaugh v. Fenwick,17 Ves. 311 ) ; the name of a party other than the pur
also, of an executor de son tort doing the chaser himself or person who pays the
like (Mulrany v. Dillon , 1 Ball. & B. 409 ); money , the GENERAL RULE is, that the
also, of a tenant for life doing the like grantee or assignee in whom the legal
( Hoe v. Chichester, Amb. 211 ) ; also of a estate is so vested holds the property in
joint tenant doing the like ( Palmer v. Young, trust for the purchaser and for the benefit
1 Vern. 276 ) ; also of a mortgagee (Rush- of the purchaser only . This is merely one
worth's Case, Freem . 12), or mortgagor form of the old rule that a feoffee without
( Smith v. Chichester, 1 C. & L. 486 ; Sea- consideration was a trustee for the feoffor.
bourne v. Powell, 2 Vern . 11 ) doing the But the EXCEPTIONS to this rule are more
like. important than the rule itself, and are
Permanent Improvements by Tenant.- generally summed up under the title Ad
Where a tenant for life ( but not also where vancement.
a tenant in tail, or a tenant in fee simple) (2.) In the case of a conveyance or
expends money in finishing the unfinished assignment, or devise or bequest of lands
buildings of the testator or settlor, or in or of personal estate to A. in fee simple, or
doing other works of the like permanent other estate, upon trust for certain estates
and beneficial nature , being also works and purposes which do not exhaust the
which are necessary to be done , and which entire fee simple or other estate, it is a gene
will not wait, then he is entitled to be ral rule and without any exceptions, that
repaid a proportion of those expenses, as all that part of the estate which is not
for unexhausted improvements (Hibbert v. exhausted by the trusts declared results
Cooke, 1 S. & S. 552 ; Dent v. Dent, 30 in the case of a settlement to the settlor,
Beav. 363). But, excepting in the two and in the case of a will to the heir or real
cases before mentioned , he is not entitled representatives of the testator if the estate
to any such repayment, however beneficial is in realty, and to the executors or per
or meritorious the result may be to the sonal representatives of the testator if the
estate generally ( Dent v. Dent, supra ) ; estate is in personalty ( Parnell v. Hingston,
and in all cases, therefore, other than the 3 Sm. & Giff. 314 ). But in applying this
two before mentioned. it is advisable for rule it is necessary to distinguish convey
him , on the one hand, if the improvements ances or assignments, or devises or bequests
are of an agricultural nature , to borrow upon trust, from conveyances or assign
money for the purpose under the Improve- nients, or devises or bequests, which are
ment of Land Act, 1864 ( 27 & 28 Vict. c. merely subject to or charged with certain
114 ), or, on the other hand , if the improve- limited beneficial interests, the grantee or
ments are of a residential nature, to borrow devisee, assignee or legatee, in the latter
the necessary money under the Limited case taking the entire residue for his own
Owners' Residences Act, 1870 (33 & 34 benefit after satisfying the charge ( King v.
Vict. c. 56). Denison , 1 Ves. & B. 272 ).
Heir a Trustee - When a person has a (3.) When money is directed to be turned
TRUSTS RESULTING - continued . TURNPIKE ROADS continued .
into land, or land is directed to be turned 2 El . & Bl. 466 ). The law of turnpike roads
into money, for certain purposes or upon is partly regulated by statute , the Aet
certain trusts, the property is in Equity 3 Geo 4, c. 126, being the General Turn .
considered as already, from the date of the pike Act, and having been amended by
direction taking effect, converted into that sub.sequent Acts. A turnpike road may
into which it is directed to be converted, in become a highway ( 30 & 31 Vict . c. 121).
other words, the money as being notion- A mandamus does not lie to conspel the
ally land , and the land as being notionally repair of a turnpike road (Reg . v. Osford
money. But this equitable conversion is and Witney Roads ( Trustees), 12 A. & E.
subject to the following limitation , that is 427 ) ; but the proper proceeding is to
to say, the direction extends no further summon in the first instance the treasurer,
than the trusts or purposes for the sake of surveyor, or other officer of the turnpike
which it is given, or such of the same trusts road trust before the justices at special
or purposes as are capable of taking effect, sessions, under the stat. 5 & 6 Will. 4 ,
and as also take effect, require it to extend ; c. 50, s. 94.
and accordingly the margin or'surplus of See titles HighwAY ; Ways.
the property over and above what is re TURPIS CAUSA, Is, e.g., future illicit
quired for those trusts or purposes results in cohabitation. A contract resting upon
the case of a deell to the settlor, and in the
case of a will to the next of kin , so far as such an “immoral consideration " ( turpis
the direction for conversion concerns per causa) is void for the immorality.
sonal est:ite, and to the heir -at- law so far TUTELA , VARIETIES OF. In Roman
as it concerns real estate. Law , the varieties of tutela (i e., guardian .
TRUSTS, SECRET : See title SECRET ship of minors) were the following:
TRUSTS. (1.) Testamentarius - Appointed by the
will of the parens in whose potestas the
TUBMAN : See title PRE - AUDIENCE . child was ; this tutor was called datitus (if
TUGS. Are steam - vessels that take ships nominated by the will) and optivus ( wben ,
in tow , either upon entering or upon leaving but in the case of females only, a right of
ports. Although the tug is the moving
power, still it is under the control of the
choosing
will ) :
a guardian was given by the
master or pilot on board the ship in tow ; (2.) Legitimur,-Appointed by the law
and it is only when no directions are given of the Twelve Tables , -either directly as
by the latter, that the tug is free to direct in the case of the adgnatic tutor, or by
the course . The two vessels are respec analogy thereto, as in the case of the patron
tively controlled in other respects by their and parens being tutor; and as a sub
respective crews, who are respectively variety, cessicius, being the tutor to whom
liable for negligence. A tug may undir the tutor legitimus had ceded, i.e., surren
exceptionally dangerous circumstances b- dered (but in the case of females only) the
come entitled, for services rendered, to guardianship ;
salvage either in lieu of or in addition to ( 3.) Juliotitianus, - ) Tutors appointed
towage ; but of course not so, when the ( 3a .) Atilianus, under particular 1
services are rendered necessary through statutes.
the tuy's own negligent towage ( The Ro- (4.) Ex inquisitione,-Appointed by the
bert Dixon , 4 Prob. Div. 121 ). ( Kay's Court upon affidavit as to tbeir competency
Slipmasters, 908 ; 1042-1017). and probity.
TURBARY. Turbary, or common of tur
See title GUARDIAN.
bary, is the right or liberty of digging turf TUTEUR OFFICIEUX . In French Law ,
upon another man's ground (Kitchin , 91). a person over fifty years of age may be ap
See title COMMON, RIGHT OF. pointed a tutor of this sort to a child orer
TURNPIKE ROADS. These are roads fifteen years of age, with the consent of
on which parties have by law a right to the parents of such child , or (in their de
erect gates and bars, for the purpose of fault ) the conseil de famille. The duties
which such a tutor becomes subject to are
taking toll, and of refusing the permission analogous to those in English Law of a
to pass along them to all persons who person who puts himself in locoparentis to
refuse to pay ( Northam Bridge and Roads any one.
Co. v. London and Southampton Ry. Co., See title In Loco PARENTIS.
6 M. & W.428). So in the Railways Clauses
Act, 1845 (8 & 9 Vict. c . 20), s . 50, a turn TUTEUR SUBROGÉ. In French Law ,
pike road means a road whichis repaired in the case of an infant under guardianship ,
by tolls payable by passengers for the use a second guardian is appointed to him, the
of the road (Reg . v . East and West India duties of the latter ( who is called the
Docks and Birmingham Junction Ry. Co., subrogė tuteur ) only arising where the
551
UNCLAIMED DIVIDENDS — continued .
TUTEURofSUB
interests theROG
É andinue
infant- cont
d
his .principal paid over to the creditors entitled (38 & 39
guardian are in conflict ( Code Nap. 420). Vict. c. 77, s. 32). And in Chancery, the
Lord Chancellor may, un ler stat. 16 & 17
TUTIUS SEMPER, &c. It is always Vict . c . 98 , s. 3, order dividends unclaimed
safer to err on the side of mercy than on for fifteen years to be carried to “ the
the side of severity. Whence arises the suitors' unclaimed dividend account;" and
presumption of innocence , until conviction . these, under 32 & 33 Vict. c. 91 , are trans
See title PRESUMPTIONS IN CRIMINAL ferred to the public on their indemnity.
Law . Dividends not being claimed for ten years
TUTORS : See title Tutela. on stock in the Bank of England, the stock
is forthwith transferred to the Government
TWELVE TABLES. A system of laws on the like indemnity.
(civil and criminal),
and extending drawn upofintheB.C.law450,
the protection to UNCONSCIONABLE BARGAINS. Are
the plebeians as well as to the patricians. void on the ground of fraud , apart even
from the ability or inability of the party
to contract, and solely from a regard to
U.
public policy.
UNDER -CHAMBERLAIN OF THE EX
UBI JUS IBI REMEDIUM . Where CHEQUER . An officer in the Exchequer
there is a right there is a remedy. This who cleared the tallies written by the
maxim was the foundation of Equity inter- clerk of the tallies, and read the same,
fering in aid of the Common Law, when that the clerk of the pell and the comp
troller might see that their entries were
(Law
but for some
itself havel defect)
technica
would given the Common
theremedy. true. He also made searches for all records
ULTRA VIRES . Means literally “bein the treasury, and had the custody of
yond the power,” i.e. , the legal authority, Dimesday Book . There were two officers of
of any corporation or company ; and op- this name, but their office is now abolished
posed to this phrase is that other phrase (Cowel).
intra vires, which denotes within the power UNDERLEASE . Is a lease granted by
or legal competence of such corporation or one who himself is only a lessee of the
company ( Brice on Ultra Vires ). premises which he underlets. Thus, if A.
UMPIRAGE. When matters in dispute grants a lease of land to B. for twenty -one
are submitted to two or more arbitrators years, and B. afterwards grants a lease of
the same land to C. for fourteen years,
and they do not agree in their decision , it here C. would be termed the underlessee,
is usual forto another
as umpire, person
whose sole to bet itcalled
judgmen in
is then and the lease, by virtue of which C. held the
referred ; the word “ umpirage, ” in refer- land, an underlease. In this respect an
ence to an umpire, is the same as the word underlease differs from an assignment,
“ award ” in reference to arbitrators ; but which is a transfer of the entire term , or
award is commonly applied to the decision residue thereof. The underle-see has no
privity with the original lessor, and is
of theSeeumpire also . TION Îiable for rent to bis immediate lessor only.
title ARBITRA AND AWARD. But it is different with the assignee.
UMPIRE : See title UMPIRAGE. See title CONVEYANCES, sub-title As
UNBORN PERSONS, GIFTS TO : See signment.
titles PERPETUITIES ; REMOTENESS OF Es UNDERTAKERS : See title ELECTIONS,
TATES. Crown's INFLUENCE IN.
UNCERTAINTY . In Law, any uncer UNDERTAKING . This word has two
tainty in pleading is the subject of objec principal significations in Law, viz. ( 1. ) In
tion as being embarrassing , and may be legal procedure, it is used to denote the
ordered to be amended. Uncertainty in obligation under or subject to which an in
the language of a testator may be such as terim injunction against an alleged tortfea
to vitiate the intended bequest; and other sor's act is granted, the undertaking being
legal documents may also be void for un to pay the damages ( if any ) occasioned in
nty.titles CERTAINTY IN PLEADING ;
the interim by the grant of the injunction ;
certaiSee and (2.) In Company Law , the word under
CONTRACTS ; TRUSTS. taking denotes all the property of the com
UNCLAIMED DIVIDENDS. In bank- pany past, present, and future, and is a
ruptoy, dividends remaining unclaimed for mortgageable interest, being commonly
five years are forfeited to the Government charged by the debenturesof the company.
( Bankruptcy Act, 1869, s. 116 ) ; but may, (Re Panama Co., L. R. 5 Ch. App. 318 ;
upon satisfactory proof of right thereto, be Ex parte Grissell, 3 Ch. Div. 411 ).
UNDERVALUE : See title REVERSIONS, UNILATERAL CONTRACTS. Are con
Sales OF. tracts in which all the benefit is on one
UNDERWOOD : See titles EstOVERS ; side and all the burden on the other ; and
TIMBER .
bilateral contracts are those in which there
are (as there usually are) benefits and
UNDERWRITERS. Are marine in- burdens on both sides, or in which “ alter
surers ; and it is a practice among them to alteri oliligatur in id quod justum ac æquum
make contracts of re -assurance inter se ( see est.” The phrase bilaterality should not
titles INSURANCE ; RE -ASSURANCE ). In the be confused with mutuality of obliga
case of a total loss (either actual or con- tion, which is a very ditterent thing, and
structive ), the property insured vests in which denotes that where either party to an
the underwriter, as partial indemnity to alleged contract is not bound, the other is
him against the payment he has to make not bound either (Burton v. Great Northern
under the policy. Ry. Co., 9 Exch. 507 ; Great Northern Ry.
See title ABANDONMENT OF CARGO OR Co. v. Witham, L. R. 9 C. P. 16).
VESSEL. See titles CONTRACTS ; MUTUALITY OF
OBLIGATION .
UNDISCHARGED DEBTOR : See title
DISCHARGE, ORDER OF. UNION ASSESSMENT ACT. This is the
UNDUE PREFERENCE : See title Rail stat. 25 & 26 Vict. c. 103, amending the
Parochial Assessment Act, 6 & 7 Will. 4, c.
WAY COMMISSIONERS . scribes that the poor rate shall
96, and
UNDUE PRESSURE : See titles ACCI- be assessed upon real property at a rateable
DENT ; MISTAKE ; FRAUD. value thereof to be determined on the fic
UNIFORMITY, ACT OF. The Act of

tion of an hypothetical yearly tenancy.
1559 is the 1 Eliz. c. 2, and that of 1662 UNION, POOR LAW : See title POOR.
is the 13 & 14 Car. 2, c. 4. By the first UNITY OF POSSESSION . Joint posses
Act the Book of Common Prayer was to sion of two rights by several titles. As
be uniformly used in churches, and all I take a lease of land from a person at ifa
good subjects were to attend regularly ; by certain reut, and afterwards I buy
the second Act, the like provisions were the re
version in fee simple of such land (Cowel);
re - enacted, with immaterial variations. dominant
Compulsory attendance at church was re- or again, if,I being
tenement, owner of the
buy the servient, or, being
pealed in the present reign (7 & Vict. owner of the servient tenement, I buy the
c. 102 ; 9 & 10 Vict. c. 59). dominant one. The effect of this unity of
UNIFORMITY OF PROCESS ACT. Is possession is in general) to extinguish
the title commonly given to the statute charges and easements.
2 Will. 4, c. 39, by which a more simple See titles EASEMENTS ; MERGER .
and uniform course of proceeding for the UNIVERSITIES TESTS ACT, 1871 : See
commencement of personal actions was title Non - CONFORMISTS.
established at Commou Law. Until the
passing of that Act, the practice or forms UNLAWFUL ASSEMBLY : See title Riot.
of proceeding in the three superior Courts UNLAWFUL ASSEMBLIES ACT. The
at Westminster differed greatly from each
other. The improvements introduced by Act 3 & 4 Edw . 6, c. 5, rendered it treason
the Act were founded on the report of the forany twelve or morepersons to meet to
Common Law Commissioners, a body of gether on any matter of state,and rendered
men appointed to consider the effects of it felony if the object of the assembly was
the then existing system , with a view to to destroy enclosures. The Act appears to
have been
its correction. In some importantparti- reign determined in the following
ofMary.
culars, however, the enactments of the stat.
2 Will. 4, c. 39, were again altered by the Šee titles Riot ; Riot AOT ; SEDITIOUS
ASSEMBLY.
more recent Act of 1 & 2 Vict. c. 110 ; for
instance, under the Act of Will. 4 an UNLIMITED LIABILITY : See title Li
action might be commenced either by a MITED LIABILITY.
writ of summons or by a capias, whereas UNLIQUIDATED DAMAGES : See titles
under the subsequent Act it could only be ACCORD AND SATISFACTION ; DAMAGES.
commenced by a writ of summons . More
sweeping enactments were afterwards made UNREGISTERED BILLS OF SALE : See
by the C. L. P. Act, 1852 ; and the present titles BILL OF SALE ; FRAUDULENT CON
VEYANCES ,
practice is of course regulated almost ex
clusively by the Judicature Acts, 1873–75, UNREGISTERED COMPANIES. If not
and theorders and rules thereunder. illegal (e.g., if not exceeding twenty persons
See title PROCEDURE . altogether, Re South Wales Atlantic Steam
553
UNREGISTERED COMPANIES - contd . USE AND OCCUPATION . An action
ship Co , 2 Ch . Div. 763), may be com lies by a landlord against his tenant for
pulsorily wound up under the provisions of use and occupation of the premises demised,
the Companies Act, 1862. where the lease is not by deed, provided
See title WINDING-UP. the tenant have entered upon the premises
UNREGISTERED MORTGAGES. Under and not otherwise. The entry, semble , may
be constructive.
the Companies Act, 1862 (s. 13), every
limited company is required to keep a USER . Is the act of using or enjoying
register of all mortgages specifically af any profit or benefit, or any easement upon
fecting the property of the company, the or over any land or water. And in Law
wilful or culpable non - registration involv the effect of such user (if continued for a
ing a penalty not exceeding £50. And it period sufficiently long, and under circum
has been held that no director of the stances which indicate the exercise of a
company who is so in fault can obtain any right on the part of the person so using the
benetit as mortgagee from an unregistered land), is to establish a prescriptive claim
mortgage ( E.c parte Valpy and Chaplin, everafter to enjoy the same profit or ease
L. R. 7 Ch. App. 289 ; but see, as to ment (Co. Litt . 115 a).
partners one only of whom is a culpable See titles EASEMENTS ; NON - EXISTING
director, Smith's Case, 11 Ch . Div. 579). GRANT, TITLE BY ; PRESCRIPTION .
UNREGISTERED WILLS : See titles USES. The word “ use, " in its original
REGISTRY OF DEEDS ; REGISTRY OF LAND , legal application, denoted simply the bene
UNSOUND MIND : See title LUNACY . fit or beneficial enjoyment of land. The
invention of uses is commonly attributed
UNUMQUODQUE EODEM MODO, & c. : to the ecclesiastics ; and they having been
See title EODEM MODO QUO COLLIGATUR . the early lawyers, that origin is probable
enough. The system of uses was attended
UPPER BENCH , COURT OF. The Court with numerous advantages to the true
of Queen's Bench was so called during the owners of the land , —the use not being
interval between 1649 and 1660 , the period subject to escheat or to forfeiture, and
of the Commonwealth . being devisable by will, and transferable
USAGE . In the French Law is the usus without livery of seisin ; but like other
systems it was made the channel of nu
(as opposed to the ususfructus) of Roman merous abuses, lands being conveyed by
Law, and corresponds very much to the means of it to persons and in ways for
tenancy at will or on sufferance of Eng. bidden by the words — or, at all events, by
lish Law.
See titles SUFFERANCE, TENANT AT ; the policy - of the Statute Law . Thus,
TENANT AT WILL ; Usus. by means of the use, lands came largely into
mortmain to spiritual corporations, con
USAGES . Usage differs from custom and trary to the Statutes of Mortinain (7 Edw.
* prescription, in that no man may claim a 1 ; 15 Ric. 2, c. 5) ; and, ultimately, after
rent, common , or other inheritance by some Acts of a more imperfect character,
usage, though he may by prescription or the Statute of Uses (27 Hen. 8, c . 10) was
custom . A village or township may , how passed , which enacted in effect that the use
ever, enjoy certain rights in the village should be the land , and that where the use
green, and that by usage as distinguished was there the land or legal estate should be
from custom or prescription. Moreover, a and should be deemed to be. In conse
usage is local in all cases, and must be quence of this statute the word “ Use
proved ; whereas a custom is frequently departed with its original signification,
general, and as such is noticed without and became equivalent to seisin or legal
proof. estate . And whether the use was express,
See titles CustoM ; EASEMENTS, QUASI ; or was implied , or was resulting , the
TRADE -USAGE . Statute of Uses was held equally to apply
USANCE. The time which , by the to it ; it was turned into the legal estate
or seisin .
usage of different countries between which By the decision in Tyrrell's Case (4 & 5
bills of exchange are drawn, is appointed Ph. & M. ) the Courts of Law held that the
for their payment. This is frequently a Statute of Uses intended the first use only ,
calendar month, as from the 20th of May and that as soon as it had executed that
to the 20th of June, and what is termed a use and made it the legal estate , it was
double usance consists in that case of two
such months (Chitty on Bills ).
exhausted. But the Courts of Chancery,
But the while adopting the rule of Law so far, went
usance differs with different countries, that further, and gave the benefit or beneficial
with India having been and, semble, still enjoyment, as before, to theperson intended
being six months. to benefit,calling the first usee the legal
USES continued . USHER - continued .
estate man or trustee merely, and the pro- tively, and prescribes their salaries and
per beneficiary being the second or last tenure of office . There are also ushers in
usee, the equitable estate man or cestui que ' the Courts of Chancery, appointed in like
trust and true owner in Equity. manner by the judges of those Courts
By the joint operation of the Statute of ( 1 Chitty's Arch ., 12th ed., 11 ).
Uses and the decision in Tyrrell's Case two USHER OF THE BLACK ROD. The
lines of estate have become well estab
Gentleman Usher of the Black Rod is an
lished in Law , -namely , ( 1) the legalestate officer of the House of Lords appointed by
in the trustee, which retains all, or nearly leiters patent from the Crown. His duties
all , its ancient incidents ; and (2) the equi are, by liimself or deputy , to desire the
table estate in the cestui que trust, which attendance of the Commons in the House
has received inci lents analogous to those
of Peers when the royal assent is given to
of the legal estate, upon the maxim , Equity bills either by the Queen in person or by
follows the Law. commission, to execute orders for the com
By the means of these uses new facili mitment of persons guilty of breach of
ties have been furnished for the conveyanco
privilege, and also to assist in the intro
of property; duction of peers when they take the oaths
See title CONVEYANCES.
and their seats (May's Parliamentary
USES, CHARITABLE : See title Chari. Practice).
TABLE USES.
USES, IMPLIED . Are uses which are USUCAPIO . A term of Roman Law,
raised from a reward to the intention of the used to denote a mode of acquisition by
the civil - i e., old strict, law. It is, how
party, which intention is not expressed in
so many words, but is gathered, i.e., im ever, sometimes used as interchangeable
plied, from the act and its circumstances. with longi temporis possessio ; but, strictly
Prior to the Statute of Uses, many uses speaking, longi temporis possessio was con
were implied by the Court of Chancery ; and tined to immoveables (i.e., real property ),
since that statute these implied uses have and was always adverse, while usucapio
extended both to immoveable and nioveable
been affected by it equally with express property , and might be either adverse or
uses .
See titles USES ; Trusts. consistent. It corresponds very pearly to
the English term prescription or limitation ,
USES, RESULTING. Are uses which which by the stats. 3 & 4 Will . 4, c. 27, and
are raised withont any regard to the inten- 37 & 38 Vict. c. 57 (as to corporeal heredi
tion of the party, which intention whether taments ), and 2 & 3 Will. 4, c. 71 (as to in
it exist or not is immaterial, because the corporeal hereditaments) confers a positive
Court itself raises or constructs the use, for (although merely possessory) title on the
the purposes of justice and equity. Again , holder. But the prescription of Roman
resulting uses are occasionally like resi: Law differed from that of the English Law,
duary uses, e.g., A. being owner in fee not only in its times (which are of less im
simple grants his lands to B. and his heirs, portance ), but also in this great and pe
to the use of C. for life, and there stops ; culiar feature, that no malâ fide possessor
in such a case the Court fills up the resi- (i.e., person in possession knowingly of the
duary use, and holds that after C.'s death property of another) could by however long
there is a resulting use to A.in fee simple. a period acquire title by possession merely,
Prior to the Statute of Uses, there were the two never-failing requisites not only to
many resulting uses recognised by the usucapio, but also to longi temporis pos
Court of Chancery ; and since that statute sessio, being justa causa ( i.e., title) and bona
these resulting uses have been affected by fides (i.e. , ignorance). In Roman Law ,
it equally with express and implied uses. re -acquisition by usucapio was called usu
See titles Uses; Trusts. RECEPTIO .
USES, SUPERSTITIOUS : See title SUPER See title ADVERSE POSSESSION .

STITIOUS USES. USUFRUCT. An usufruct has been
USHER . A subordinate officer in the defined to be that real right in another's
Cuurts of Law ; the word means literally a
doorkeeper (Fr. huissier ). The chief usher
property which entitles a party to reap all
the fruits of the thing, and in general to
in the Court of King's Bench used to hold have the whole use and enjoyment of it, as
his office by letters patent under the great far as is practicable, without injury to its
seal for two lives, and to execute it by substance ( salvâ rerum substantiâ ). He
three deputies. But now 15 & 16 Vict. who is so entitled to enjoy the fruits of
c. 73, ss . 16-21 , enacts that the ushers of another's property is termed the usufruc
the Superior Ciurts shall be appointed by tuary, in contradistinction to the actual
the Chief Justices and Chief Baron respec- proprietor of the thing (Just. Inst. ii. 4 ).
A NEW LAW DIOTIONARY. 555
USUFRUCT - continued . USUS — continued .

The usufructuary was invariably entitled with him on the land ; and he could not
for life , and for no less a period ; he, there let or sell, the right being strictly personal
fore, corresponds to our tenant fur life . to himself .
See title Usus. See titles HABITATIO ; USUSFRUCTUS.
USUFRUCTUARY : See title USUFRUCT. USUSFRUCTUS : See title UsUFRUCT.
USUFRUIT. This is, in French Law , UT RES MAGIS VALEAT QUAM
the usufruct of English and Roman Law. PEREAT. Means literally, that the matter
may have effect rather than fail of effect.
USURA MARITIMA : See titles FENCS This maxim is a rule of construction , re
NAUTICUM ; MARITIME INTEREST. motely underlying that rule which directs
USURECEPTIO : See title USUCAPIO. sucb a construction to be put upon an
ambiguous document ( or ambiguous words
USURIOUS CONTRACT : See title Usuky . therein ) as that the document shall be and
USURPATIO . In Roman Law , was an remain valid , and not be or become invalid
interruption of the legal possession, and from uncertainty or illegality or other like
Cause .
was either physical (i.e. , natural) interrup
tion, or legal interruption ( e.g., when a UTILIS, ACTIO. In Roman Law, an
hostile claim was set up.) actio utilis or action uti was a civil action
See title USUCAPIO. adapted by the Prætor to meet a case sub
USURPATION OF ADVOWSON . An stantially the same as (but in some tech
injury which consists in the absolute ouster nical respect different from ) that which
or dispossession of the patron , and which would have been proper for the civil action
happens when a stranger who has no right to which it correspon led ; e.g., the actio
presents a clerk, and the latter is there publiciana was an action uti adapted from
upon admitted and institutel. the action of vindicatio,
See titles DISTURBANCE ; SPOLIATION . UTTER, TO. In Law signifies to put in
USURPATION OF FRANCHISES, or OF circulation , to offer or tender to another
FICES. The unjustly claiming or usurp ng man , and is used in reference to forged in
any office, franchise , or liberty. struments or counterfeit coin .
See title DISTURBANCE. See titles FORGERY ; COUNTERFEIT
Coin .
USURY. The loan of money at ex UTTER BAR. Is the bar at which those
orbitant interest by way of compensation
for the use of the principal lent . Such barristers, usually junior men , practise who
contracts were at one time yoil on the have not been raised to the dignity of
ground of usury. The rate of interest in queen's counsel . These junior barristers
Roman Law was 12 per cent. per annum are said to plead without the bar, while
on ordinary contracts of loan , but Jus those of the higher rank are admitted to
tinian reduced it to 4 per cent. The rate seats within the bar, and address the Court
of interest in English Law was 10 per or a jury from a place reserved for them
cent. in the reigns of Henry VIII. and selves and divided off by a bar.
See title UTTER BARRISTERS.
Elizabeth , reduced by Jac. I. to 8 per cent.,
and by Car. II. to 6 per cent., and last of UTTER BARRISTERS. Barristers -at
all by stut. 12 Anne, st. 2, c. 16, fixed at law, in general , who plead without the
5 per cent. on ordinary contracts,—any bar . They are called utter barristers, i.e.,
contract (being an ordinary contract ) for pleaders without the bar, to distinguish
the loan of money at a higher rate being them from the benchers, or those who are
void for usury or illegality . However, all admitted to plead within the bur, as king's
restrictions upon the rate of interest were or queen's counsel are ( Cowel).
abolished by stat. 17 & 18 Vict. c. 90 .
USUS. In Roman Law, was a precarious
enjoyment of land, corresponding with the V.
right of habitatio of houses, and being
closely analogous to the tenancy at suffer VACATION . The interval between cacl:
ance or at will of English Law . The term used to be termed the vacation , that
usuarius ( i.e., tenant by usus) could only is, between the end of one term and the
hold on , so long as the owner found him beginning of the next. These intervals
convenient, and had to go, sosoon as ever are retained in principle under the Judi
he was in the owner's way (molestus). The cature Act, 1873, but are differently reck
usuarius could not have a friend to share oned , the distinction of terms having been
the produce , -it was scarcely permitted to abolished by that Act; and now the Long
him ( Justinian says) to have even his wife Vacation is fixed between the 10th day of
VACATION- continuel. VAGRANCY : See title VAGABONDS.
August and the 24th day of October fol VAGRANTS : See title VAGABONDS,
lowing, both days being included (Order VALOR MARITAGII. During the pre
LXI., 2, 3). valence of the feudal tenures, the guardian
VACATION OF LIS PENDENS.: See was at liberty to exercise over his infant
title Lis PENDENS. ward the right of marriage (maritagium ),
VACUA POSSESSIO. Is the vacant pos that is, he had the power of tendering him
or her a suitable match, without disparage
session, i.e., free and unburdened pos ment or inequality, and if the ward refused
session, which ( e.g.) a vendor had and has the offered match, tien he or she forfeited
to give to a purchaser of lands. the value of the marriage ( valorem mari
VADIMONIUM . In Roman Law , was tagii) to the guardian, that is, so much as
the Personal Bail of English Law. a jury would assess, or any one would
bona fide give, to the guardian for such an
VADIUM MORTUUM : See title Vadium alliance ; and if the infant married with
Vivum. out the guardian's consent he or she for
feited double the like value, duplicem
VADIUM VIVUM . When a man borrows valorem maritagii ( Litt. 110).
a sum of money of another (suppose £ 200 ), VALUABLE CONSIDERATION. The
and grants him an estate, as of £20 per
annum , to hold till the rents and profits distinction between a good and a valuable
shall repay the sum so borrowed ; in this consideration is, that the former consists of
case tho land or pledge is said to be living ; considerations of blood , or of natural love
it works off, i.e. , repays and survives, the and affection ; as when a man grunts an
debt, and immediately on the discharge of estate to a near relation tiom motives of
that reverts back to the borrower. It is generosity, prudence, and natural duty ;
called a rivum radium, or living pledge, and the latter consists of such a considera
in contradistinction to a mortuum vadium , tion as money, marriage which is to follow ,
the land in which does not of itself work or the like, which the law esteems an
off, i.e. , repay the debt, but the mortgagor equivalent given for the grant. The con
must needs himself repay the same, before veyance by bargain and sale requires to be
the land reverts to him . In the case of for valuable consideration, as distinguished
both these species of radium , the pledgee from that by a covenant to stand seisel,
receives the rents and profits without ac which requires to be for blood or natural
count, in whiclı respect they both differ affection . In the statutes of Elizabete
from a modern mortgage. against fraud ( 13 Eliz. c. 5, and 27 Eliz.
See title MORTGAGE. c. 4 ), a good consider ation means a valuable
one .
VAGABONDS. Under the stat. 5 Geo. 4, See title CONSIDERATION .
c. 83 (which repeals the prior Acts ), every
able-bodied person, refusing to work and VALUATION . The ascertaining ofthe
thereby becoming (or his or her family value of property is so called . Such a
becoming) chargeable to the parish ; also, valuation is commonly provided in the case
every noisy prostitute ; also, every beggar, of partnerships by the partnership articles
-is an idle and disorderly person, i.e. , a to be taken and made periodically , and also
vagrant or vagabond, and may be sent to. upon the dissolution of the partnership from
the House of Correction ; likewise every any cause. And in Bankruptcy, a secured
fortune - teller; every person unlawfully creditor may value his security instead of
sheltering himself or herself in a barn , or realising same, and may then prove for the
cart, &c., &c., by night, and not being able deficiency (if any) of the value, as regards
to account satisfactorily for his or her so the debt. Also, under the Lands Clauses
doing ; every person selling or offering for Act, 1845, the purchase price of lands
sale in the street or ( 1 & 2 Vict. c . 38 ), in compulsorily taken by public companies is
a window , obscene books, pictures, & c.; in some cases ascertained by a valuation.
every male person exposing his private See title APPRAISE .
parts indecently, in a public place or road VALUED POLICY. A policy may be
for a female to be shocked thereby ; and either open or valued . In the former, the
many other such -like offenders against the value of the subject-matter of the insurance
peace of the community, are vagabonds is not stated in the policy, and must be
and vagrants. And under the stat. 31 & proved after a loss. In the latter, to pre
32 Vict. c. 52, tossing with coppers and vent the necessity of proving the actual
other like gaming in the public streets, & c., value in the event of a loss, a value agreed
renders the offender a rogue and vagabond upon by the parties is mentioned in the
within the meaning of 5 Geo. 4, c. 83. policy, and is conclusive between them in
See title Public MORALS. case of loss. But where there are several
VALUED POLICY_continued . ! VENDITIONI EXPONAS, WRIT OF

continued .
insurances upon the same vessel the valua to the sheriff to go on with the sale in
tion is conclusive only between the assured
and the underwriters of that policy which a particular manner, and do his duty at
contains the valuation ( Maude v. Pollock, all costs and hazards (1 Chitty's Practice,
313-4 ). 12th ed ., pp. 678-9).
2
See title VOYAGE POLICY. See title EXECUTION, WRIT OF.

VARIANCES. It is a general rule that VENDOR'S LIEN. An unpaid vendor
a party must recover secundum allegata et. of lands is entitled to a lien thereon for the
probata ; but in matters impertinent or purchase-money ( or the proportion thereof)
immaterial to the issue, or merely formal remaining unpaid after execution of the
or superfluous, a variation between the conveyance and possession delivered ; and
pleading and the evidence is unimportant, such a lien is equivalent in value to an
more especially since the powers of amend equitable mortgage, being a real right and
ment conferred by the modern statutes. not a merely personal one. The lin- n is not
Variances are of the following kinds : lost by taking a collateral security, e.g. ,
( 1.) Variance in the parties to a con a bond ; but if the bond was substitutive
tract,-being either the omission of a of, and not cumulative with , the lien, then
plaintiff who ought to be joined (Graham the lien is gone. The lien when it exists
v. Robertson , 2 T. R. 282), or the misjoinder and not lost, waived, or abandoned ,
of a plaintiff or defendant, not also the holds good against the purchaser himself,
non-joinder of a defendant (1 Wms. Saund. and bis heirs,and all persons taking under
291-4 ), which could only be pleaded in him or them as volunteers ; also, against
abatement. These cases of variance may subsequent purchasers for valuable consi
be amended even at the trial. deration who bought with notice of the
(2. ) Variance in the consideration of a purchase -money remaining unpaid ; also,
contract,-being the omission of any part against the assignees, i.e., trustees, of a
of the consideration . The variance in such bankrupt, although they may have had no
a case used to be fatal ( Dashwood v. Peart, notice of it ; and if the legal estate is out
Manning's Index, 308 ), unless the omitted standing, then also against all subsequent
part was not material ( Clarke v. Gray, purchasers and mortgagees of the land.
6 East, 568) ; but it would not usually On the other hand , the lien will not pre
be fatal now . vail against a bonâ fide purchaser for valu
(3.) Variance in the promise in a con able consideration without notice, who has
tract,-being the omission of any part of the legal estate in him .
the promise . The variance in such a case See title Lien.
might or might not be fatal ; e.g., the VENDORS AND PURCHASERS. The
omission of an exception contained in the vendor of lands undertakes to make a good
promise would have been fatal ( Latham v. title thereto, and should he fail to do so,
Rutley, 2 B. & C. 20), but the omission of the purchaser is discharged from his con
an addition or of a defeasance would not
tract, and recovers damages ( Flureau v.
have been so ( Miles v. Sheward , 8 East, 7 ; Thornhill, 2 W. Bl. 1078 ; Hopkins v.
Hotham v. E. I. Co., 1 T. R. 640). Grazebrook, 6 B. & C. 31 ). The duties of
See titles AMENDMENT ; EVIDENCE. such a vendor are now regulated in all
VASSAL. Originally signified a feudal material points by the Vendor and Pur
tenant or granteeof land. The exact rela chaser Act, 1874 (37 & 38 Vict. c. 78),
tionship was usually that of landlord and s. 2 , and incidentally also by the other sec
tenant, but occasionally the vassal was tions of that Act, relative to Abstracts of
little better than the slave or bondman of Title, Sales by Trustees, Protection of
his lord. The state or condition of a Legal Estate, and Tacking. On the other
vassal was termed vassalage (2 Chitty's band, the vendor of personal property (not
Bl. 52, n. (6) ) . being chattels real), comes under no such
VENDITIO BONORUM : See title EMPTIO liability, unless he chooses to give some
BONORUM , express warranty, the general maxim of
the Common Law in the case of sales of
VENDITIO , EMPTIO : See title EMPTIO personal property being caveat emptor
VENDITIO . (Morley v. Attenborough, 3 Ex. 500 ) ; never
VENDITIONI EXPONAS, WRIT OF. theless, it has been stated by Mr. Benjamin
This is a writ of execution assistant to a (and this is undoubtedly the more sensible
writ of fi. fa., and issues where the sheriff view), that upon a sale of personal estate,
upon the fi. fa. has taken goods, and to the there is an implied warranty of title, unless
writ returns that he has taken same but the particular circumstances of sale show
that they remain in his hands for want of that the vendor did not undertake to
buyers; and the writ is simply a direction assert an actual ownership ( Benjamin on
VENDORS AND PURCHASERS - conta . VERBA CHARTARUM POTIUS ACCI
Sale, 523 ). Usually, upon a purchase, the PIUNTUR CONTRA PROFERENTEM
risk of the thing purchased attaches to the --continued .
purchaser, as from the moment that the of construction which is now practically
sale is complete (Tarling v. Baxter, Tud. exploded, a'id which was never at any time
L. C. Mer. Law , 596 ). applicable until all other canons of con
See titles COVENANTS FOR TITLE ; struction had been exhausted .
WARRANTY.
VERBA RELATA INESSE VIDENTUR .
VENIRE FACIAS. A judicial writ Words in one document referred to in an
which used to be directed to the sheriff of other and therein purporting to be incor
the county in which a cause was going to porated , are incorporated by force of such
be tried , commanding him to cause a jury reference simply. Even an entire Act of
of twelve men to come from the body of Parliament or other legal document may
his county to try tlie issue between the be so incorporated by apt words of re
litigating parties. The writ was abolished ference.
by the C. L. P. Act, 1852, s. 104. VERBIS OBLIGATIO : See title STIPU
See titles Jury ; PANEL. LAT10.
VENIRE DE NOVO. A fresh or new
renire, which the Court grants when there VERDEROR. An officer of the king's
has been some impropriety or irregularity forest, who is sworn to maintain and
in returning the jury, or where the verdict keep the assizes of the forest, and to view,
receive, and inrol the attachments and
is so imperfect or ambiguous that no judg presentments of all manner of trespasses
ment can be given on it (2 Arch . Pract. of vert and venison in the forest (Manwoud,
1519 ; Smith's Action at Law , 173). In all
cases where this trial de novo is grantable, c. 6, s. 5).
See title VERT.
the Coart is bound to grant it as of right,
and without being shackled with any VERDICT. A verdict is the uranimous
restrictive or other condition .
judgment or opinion of the jury on the
See title New Trial, MOTION FOR . point or issue submitted to them. A ver
VENTER . Is used in law as designating dict is either general or special. It is said
the maternal parentage of children . Thus, to be general when it is delivered in
where in ordinary phrase vlogy, we should general words with the issue ; as if the
say that A. was B.'s child by his first wife, issue be on a plea of not guilty, then a
he would be described in law as “ by the general verdict would be that the defen
first venter ; " similarly, we say, “ A. died dant is guilty, or is not guilty, as the case
seised , leaving two infant daughters by may be. It is said to be special when the
different venters ” ( Doe d. Burdett, v. Keen , jury instead of finding the negiitive or
7 T. R. 886). affirmative of the issue, as in the case of a
general verdict, declare that all the facts
VENUE , The county in which an
action is intended to be tried, and from of the case as disclosed upon the evidence
before them , are in their opinion provel,
the body of which the jurors are accord or, in other words, find the special facts of
ingly to be summoned , is so culled. This the case, but that they are ignorant in point
county, or venue, as it is termed , when of law on which side they ought, upon
fixed upon and determined by the plaintiff, these facts, to find the issue ; that if upon
used to be inserted in the margin of his de the whole matter the Court shall be of
claration, which was termed " laying the
) opinion for the plaintiff, they find for the
venue ” in such a county ; and the action
66 plaintiff accordingly, and assess the da
itself wasthen said to be “ laid ” or brought mages at such a sum , &c.; but if the Court
“ within that county . ” By the Judicature are of an opposite opinion, then vice versa.
Act, 1873, there is no local venue for the This special verdict was then, together
trial of any action , but when the plaintiff with the a hole proceedings on the trial,
proposes to have the action tried elsewhere
than in Middlesex , he is in his statement entered on the record, and under the pre
of claim to name the county or place in
sent practice it would be taken down in
which he proposes that the action shall be some authentic shape, although not neces
tried ; and the action thereupon shall , sarily entered upon or annexed to any
unless the judge otherwise orders, be record , and the question of law arising on
the facts found is argued before the Court
tried in the courty or place so named in banc, and decided by that Court. A
(Order Xxxvi., 1 ) . verdict is called a privy verdict when the
VERBA CHARTARUM POTIUS ACCI- judge has left or adjourned the Court;
PIUNTUR CONTRA PROFERENTEM . and the jury being agreed, in order to be
The words of a deed are to be construed delivered from their confinement, obtain
most strongly against the grantor, a maxim leave to give their verdict privily to the
VERDICT - continued . VERIFICATION-continued.

julge out of Court, which privy verdict, with which all pleadings containing new
however, was of no force , unless afterwards affirmative matter used to conclude. It
attirmed by a public verdict given openly was in itself an averment that the party
in Court ( Bonte's Suitat Law, 273 ; Steph. pleading was ready to es'ablish the truth
1
Pl. 100 ; Sm . Act. at Law , 159). of what he had set forth . It was either
See titles JUDGMENT, VARIETIES OF ; common or special, the common verification
REPORT OF REFEREE. being “ And this the plaintiff [or defen
dant] is ready to verify ; ” and a special
VERDICT, JUDGMENT UPON. Under verification, which was used only when the
the Judicature Acts, 1873-75, and the matter pleaded was to be tried by record ,
orders and rules thereunder, the judgment or by some other method than the ordinary
of the Court is to be obtained on motion mode of trial by jury, being “ And this tlie
for judgment; and no judgment is to be plaintiff (or defendant) is ready to verify
entered after a trial without the order of by the said record ” ( Steph . Pl. 479). The
the Court or a judge there f ( Order XXXVI., verification ceased to be necessary under
22 ). Upon the trial of an action, whether the C. L. P. Act, 1852, s. 67.
with or without a jury, the judge may at See title Et Hoc PARATUS EST VERI
or after the trial direct that judgment be FICARE .
entered simpliciter for any or either party
(Order xxxvI., 22, Dec. 1876 ). On the VERT. In general signifies everything
other hand, upon the trial of an action that grows and bears green leaf within the
whether with or without a jury, the judge forest. There are two sorts of vert in
may at the trial leave any party to move every forest, viz., over -vert and nether
for judgment (Order XXXVI., 22, Dec. vert. Over -vert, sometimes also called
1876), or may at the trial direct judgment haull-boys,
well such isas all manner
bear fruit of
as great
do nottrees,
; andas
to be entered for either or any of the
parties subject to leave to move. Where old ash and holly trees are accounted over
the judge has at the trial directed judg- vert. Nether-vert, sometimes also called
ment to be entered subject to leave to south-boys, comprises all kinds of under
move (Order XL., 2 ), in such a case the wood, bushes, thorns, gorse , and such like :
party to whom the leave has been reserved but whether fern and heath are included
is to set down the action on motion for under the term “ nether -vert," seems doubt
juilgment, and is to give to the other party ful, Manwood arguing that they are not,
notice of such setting down within ten Fleetwood and Hesket maintaining the
days after the trial or within the time coutrary opinion . The vert which grows in
specified in the reservation of leave the king's demesne woods is termed special
(Order XL ., 2) ; and where the judge has vert. From this word “ vert” is derived the
abstained from making any direction at word “ verderor ” ( Harewood, c. 6, ss. 2,
the trial as to entering judgment for either 4, 5).
party, in such a case, the plaintiff may VERT AND VENISON : See title VERT.
within teu days after the trial (Order XL., 3)
set down the action on motion for judgment VESTED INTEREST. An interest, pro
and give notice of such setting down to perty, or estate, whether in possession or not ,
the defendant; and if the plaintiff does which is not in general subject to any condi
not do so, then the defendant may set it tion precedent unperformed . The interest
down so, and give to the plaintiff notice of may be either a present and immediate
such setting down (Order xl ., 3 ). Upon interest, or a future but uncontingent, and
the report of a referee, which, if not set therefore usually transmissible, interest.
aside, is equivalentto the verdict of a jury Thus, a vested remainder is that description
( Act 1873, s. 58), judgment may be ob- of remainder by the creation of which a
tained by subsequent motion for judgment. present interest passes to the party ; and
VERGE. The Court of the Marshalsea though the remainder itself, ex vi termini,
had jurisdiction within the verye of ihe can only be enjoyed in futuro, yet a present,
Court, which , in this respect, extended for immediate, and disposable interest, as re
mainderman, is at once conveyed, and
twelve miles round theking'splace ofresi
dence. The word therefore the remainder is called a vested
“ verge " is also used to
signify a rod or stick by which one is remainder. A vested interest is not neces
admitted tenant to a copyhold estate, by sarily an unconditional interest ; on the
holding it in one's hand andswearing fealty contrary, it is occasionally qualified by some
to the lord of the manor (Old Nat. Brev. condition , being, however, a condition
17). which does not extend to delay the vest
See title VINDICTA. ing of the interest.
See titles VESTED LEGACY ; VESTED
VERIFICATION . Is a certain formula REMAINDER .
VESTED LEGACY. A legacy is said to VESTRIES — continued .
be vested when the words of the testator§1 monilling (called a
making the bequest convey a transmissible vestry hall ) specially provided for them .
interest, whether present or future , to the See titles CORPORATIONS, MUNICIPAL ;
legatee in the legacy. Thus a legacy to Parish,
one, to be paid when he attains the age of
twenty-one years, is a vested legay, VETO . The royal veto was the Crown's
because it is given unconditionally and refusal of its assent to Bills which had
absolutely, and therefore vests an imme passed both Houses of Parliament. The
diate interest in the legatee, of which the last occasions on which this prerogative
enjoyment only is deferred or postponed ; was exercised were in 1692, when Will . III.
and if such legatee die before that age, refused his assent to the Triennial Bill,
his representatives shall receive it out of and 1707 when Anne rejected a Scotch
the testator's personal estate at the time Militia Bill.
that it would have become payable bad VEXATIOUSNESS. An action is said to
the legi tee himself lived . But if the
be vexatious when it is not brought for
legacy were given when or if the legatee any bonâ fide purpose , but for some pur
attain a certain age, it would not be vested, pose other than and collateral to the osten
i.e., transmissible, until that age ; and if sible purpose ; also, where it is instituted
the legatee were to die before that age, the
legacy would fail to take effect, and his (e.g., in cases of ejectment) after repeated
unsuccessful trials of the same question ;
representatives could make no claim to it ; and so forth . Vexatiousness is a ground
for in this case the bequest is a kind of for ordering security for costs to be given ;
conditional one, depending upon the hap and sometimes forcommencing an action
pening of a certain event, viz., the lega in the nature of a Bill of Peace.
tee's attaining the specified age. But
legacies charged on land, even although VI BONORUM RAPTORUM . In Roman
vested, are not therefore transmissible, the Law , the offence of rapina or robbery, i.e.,
law holding that such a legacy sinks for theft accompanied with violence ( vis ), might
the benefit of the inheritance when the be treated as a tort, in which case the action
legatee dies before the period of payment called vi bonorum raptorum lay to recover
(Boraston's Case, Pawlett v. Pavlett,Staple- fourfold if the action was brought within
ton v. Cheales, and Hansom v. Graham , Tud. the year, and onefold if brought afterwards;
L. C. Conv. 713). or it might be treated as a crime and pro
See title LEGACIES . secuted in a publicum judicium called de vi
VESTED REMAINDER : See titles In. under the Lex Julia .
CORPOREAL HEREDITAMENTS ; REMAINDER. VIAGÈRE, RENTE. In French Law is
VESTING ORDER , An order of the alife
rent-charge or annuity payable for the
of the annuitant.
Chancery Division of the High Court See title ANNUITY .
vesting any property (real or personal ) in
the person or persons specified in the order VICAR . The priest or parson of every
is called a vesting order, and bears the parish is termed a rector, unless the predial
same stamp duty as if the same were a
deed of conveyance. Such orders are made
tithes be appropriated , and then he is
called a vicar, that is, has the part of a
under the Trustee Acts, 1850 and 1852. vice -rector. The distinction , therefore,
See title TRUSTEE AOTS. between a parson and a vicar is this, that
VESTRIES. Are local governing bodies the parson has for the most part the whole
with limited powers in municipal corpora- right
parishto; all
but the ecclesiastical
a vicar dues an
has generally in im
his
tions in the provinces ; and there are propriator over bim, entitled to the best
similar bodies for the Metropolis (see title part of the profits, and to whom he is in
METROPOLITAN MANAGEMENT ACT, 1855). effect perpetual curate, with a standing
A parish usually has a vestry to itself, and salary ( Cowel ; Wms. Real. Prop. 330,
consists of the minister and church wardens 8th ed .)
of the parish , with a selected number of See titles AdvowSON ; RECTOR ; TITHES.
parishioners. Their duties extend to the
levying of poor rates and some few other VICAR -GENERAL. Is an ecclesiastical
rates ; the regulation of workhouses,and of officer in each diocese, appointed by, and
baths and waslı houses for the people ; the acting under, the authority of the bishop.
scavenging and cleaningof the streets,and Formerly he was only occasionally constitu
the lighting and watching thereof. The ted during the bishop's absence from his
members are called vestrymen ; and they diocese ; but now he is the perpetual repre
hold their meetings in the vestry of the sentative of the bishop in certain matters,
parish church or in the case of large such as the granting of licences, &c.,
VICAR -GENERAL - continued . VIEW - continued .

ds
where there is nothing of contention or
litigation between the parties. He appears
| ਲਾwould be conducive to the right decision
of a case .
to have no criminal jurisdiction , and there- See titles DISCOVERY ; INSPECTION OF
1 PROPERTY .
fore cannot inquire, in the place of the
bishop, into such offences as quarrelling, VIEW OF FRANKPLEDGE. The office
brawling, or smiting, &c. (Roger's Ecc. which the sheriff in his County Court, or
Law, 143, 144 ; Gibs. Introd. 23 ; Thorpe the bailiff in his hundred, performed in
v. Mansel, 1 Hag. Con. 4 , in notis). looking to the king's peace, and seeing
VICARIAL TITHES. Those tithes to that every man was of some pledge.
TE which vicars are entitled, and which are See title FRANKPLEDGE .
1 generally called privy or small tithes. VIEW OF AN INQUEST. Is a view
See title TITHES. or inspection taken by a jury , summoned
VICINAGE . Common because of vici- upon an inquisition or inquest, of the place
ED nage or neighbourhood ( Fr. voisinage ), or property to which the inquisition or
to signifies the right exercised by the inhabi- inquiry refers.
tants of two townships which lie contiguous See title INQUEST.
to each other, of intercommoning one with VI LAICÂ REMOVENDA, WRIT OF.
another ; the beasts of the one straying A writ that lies where two persons contend
mutually into the other's fields without for a church , and one of them enters into it
molestation from either. The right must with a great number of laymen, and keeps
have originated either in grant or in out the other vi et armis ; then he who is
!
manorial custom ( Jones v. Robin , 10 Q. B. so kept out may have this writ directed to
581 ). Some acts of intercommoning must the sheriff to remove such lay force. But
be proved , and not a mere straying from the sheriff must not remove the incumbent
want of fences (Clarke v. Tucker, 10 Q. B. out of the church, whether he is rightfully
601 ). Common pur cause de vicinage can . there or not, but only the force, or laymen,
not exist among three or more townships, that accompanied him (Les Termes de la
but between two only ( Commissioners of Ley ; Cunningham ).
Sewers of City of London v. Glasse, L. R. See titles SPOLIATION ; USURPATION OF
19 Eq. 13+). ADVOWSON .
See titles COMMON, RIGHT OF ; Pas
TURE, COMMON OF. VIGILANTIBUS NON DORMIENTIBUS,
2
ETC.: See title DELAY DEFEATS EQUITIES.
VIDELICET, or SCILICET. The words
to wit, or, that is to say, used in pleading, VILL. Seems to bear the same signi
are technically called the viclelicet or scili- fication in law as a town or tithing, and
cet ; and when any fact alleged in ploading is said to have had originally a church
is preceded by, or accompanied with, these with the celebration of divine service,
words, such fact is, in the language of the sacraments, and burials ; and hence it is
law, said to be laid under a ridelicet. The that the word “ vill ” has been described
use of the videlicet, or scilicet, is to point as a parish or manor. Sir Henry Spelman
out, particularise, or render more specific conjectures entire vills to have consisted
that which has been previously stated in of ten freemen or frankpledges ( hence
general language only ; also to explain that tithing ), and demi vills of five ( Co. Litt.
which is doubtful or obscure. Where the 115 b .; stat. 14 Edw . 1 ; Spel. Gloss. 274 ;
scilicet is contrary to the preceding general 1 Inst . 115 ; Bract. lib. 4, c. 31 ).
statement it may be rejected ( Dakin's Case, VILLAGE-GREENS : See title EASE
2 Wms. Saund. 678 ). But a videlicet, or MENTS, Quasi .
scilicet, which is not so contrary, and VILLAINS : See title VILLEINS.
which is not mere surplusage, cannot be
rejected as immaterial, but may be tra- VILLANIS REGIS SUBTRACTIS RE
versed like any other averment. DUCENDIS. A writ that lay for the
See title PLEADING . restoring the king's bondmen who had
VIEW. If a real action were brought
been carried away by others out of his
against a tenant, and such tenant did not manors to which they belonged (Reg.
exactly know what land it was that the Orig. 87 ; Cowel).
demandant asked, then he might have VILLANOUS JUDGMENT. Such a
prayed the view , which was that he might judgment as threw the reproach of villany
see the land which the demandant claimed , and shame on those against whom it was
in order to ascertain its identity and other given , and by wbich they were discredited
circumstances ( F. N. B. 178). And now and disabled as jurors or witnesses; for-
an inspection either of realor of personal feited their goods, and chattels,and lands?
property may be had or maile whenever it for life ; had their lands wasted , their
2 0
VILLANOUS JUDGMENT - continued . VILLENAGE — continued .
houses razed , their trees rooted up, and as explained by Mr. Hargreaves in his
their bodies committed to prison ( 1 Hawk. argument in Somersett's Case, no new
P. C. 193 ; Lamb. Eiren .). A judgment slavery can be introduced into England.
in attaint against unjust jurors had these So jealous, indeed , was the law of any
effects, and was , therefore, a villanous such new form of it, that it was at one
judgment. time doubted whether a contract of service,
See titles ATTAINT, WRIT OF ; JURORS, intended to last during the life of the ser
IMMUNITY OF. vant, was legal; a question decided in
VILLEIN SOCAGE. A tenure of lands favour of the legality of it in Wallis v. Day
( 2 M. & W. ( 1837 ) ). A slave who is for
in villenage by freemen , who were thence one moment introduced by his master on
called villeins by tenure only,because, sub English territory is, therefore, absolutely
ject to doing the base but certain services
of their tenure, they were personally free. free ( Somersett's Case, 20 St. Tr. 1), nor
See titles ANCIENT DEMESNE ; FEUDAL may his owner carry him by force out of
SYSTEM ; SOCAGE ; VILLEINAGE ; VIL the country (Magna Charta and Habeas
Corpus Act) ; although if the slave of his
LEINS. own accord return with his master to the
VILLEIN TENURE. Was of two kinds, slave country, his slavery at once re
viz , Pure and Privileged . Pure villeinage attaches ( The Slave Grace, 2 Hagg. Adm .
was where a man held upon terms of doing 94).
whatsoever was commanded of him , nor See titles SOMERSETT'S CASE ; VILLEIN
knew in the evening what was to be done TENURE ; VILLEINS.
in the morning, and was always bound to VINCULO MATRIMONII, DIVORCE A.
an uncertain service. Privileged villeinage A divorce from the bond of matrimony.
was holden of the king, the tenants of the See title DIVORCE .
king's demesnes having the privilege that
they could not be removed from the land VINCULUM JURIS . In Roman Law ,
while they did the services due ; and these an obligation is defined as a vinculum juris,
villein -socmen are properly called glebæ i.e., “ a bond of law , " whereby one party
ascriptitii. They performed villein ser- becomes or is bound to another to do some
vices, but such as were certain and deter- thing according to taw .
mined . See title OBLIGATIO.
See title VILLEIN SOCAGE .
VINDICATIO. In Roman Law, was the
VILLEINS. Were a sort of people real action, or actio in rem of the old law ,
under the Saxon government in a condition and was and continued to be available for
of downright servitude, who were used and the recovery both of lands and of goods.
employed in the most servile works, and But its procedure was simplified, or rather
who are said to have even belonged to the simpler and more direct forms of procedure
lord of the soil, like the cattle or stock were substituted for it, accomplishing in
upon it. They seem to have been those effect the same object.
who held wbat is termed the folk -land, See titles INTERDICTA ; VINDICTA.
from which they were removeable at the VINDICTA . In Roman Law , was a rod
lord's pleasure . These villeins, belonging or wand ; and from the use of that instru
principally to lords of manors, were either ment in their course, various legal acts
villeins regardant, that is, annexed to the came to be distinguished by the term , e.g.,
manor or land , or else they were villeins in one of the three ancient modes of manu
gross, or at large, that is, annexed to the mission was by the vindicta ; also, the rod
person of the lord, and transferable by or wand intervened in the progress of the
deed from one owner to another, either old action of vindicatio, whence the name
apart from , or with , the land. The tenure of that action.
by which villeins held their land, and their
condition in general ,was termed " villen- VIOLENT PRESUMPTION : See title
:
age " ( Cowell ; Les Termes de la Ley). PRESUMPTIONS, QUALITY OF.

See title VILLENAGE.
VIRTUTE CUJUS. That part of the
VILLENAGE. This was the species of declaration in an action which, after set
slavery or serfdom in which villeinslived , - ting forth the various grievances com
a state of society recognised by the law, but plained of, proceeded to point out the in
which, from various circumstances favour- jurious results which had flowed therefrom ,
ing liberty, has entirely disappeared out of was frequently spoken of as the “ virtute
England ; the latest cases on the subject cujus," from the words employed therein,
being Crouch's Case (9 & 10 Eliz .), and which were, “ by reason whereof." Thus,
Pigg v . Caley (15 Jac. 1 ) ; and according in an action for diverting water from the
to the genius of the English constitution, | plaintiff's mill, the declaration, after stating
VIRTUTE CUJUS — continued . VISITATION_Continued .

the plaintiff's right to the water, and par- colleges at Oxford and Cambridge have
ticularising the injurious act complained of, their visitors.
proceeded to point out the injury which VISITOR : See title VISITATION.
the plaintiff had sustained in consequence,
in the following manner : " and the plain VISITORS OF COLLEGES : See titles
tiff, by reason of the premises,” had been JUDGES, IMMUNITY OF ; VISITATION .
prevented from working his said mill in so VIVA VOCE. As applied to the exami
beneficial a manner as he theretofore had, nation of witnesses, this phrase is equiva
and otherwise could and would have done, lent to oral; it is used in contradistinction
& c. &c. ( 11 Rep. 106 ; Steph. Pl. 221 , 5th to evidence by affidavit.
edit. ). VOID OR VOIDABLE . Prior to the
VIS MAJOR . Is some physical force Infants Relief Act, 1874, the contracts of
which no reasonable human foresight or infants for non -necessaries were voidable
contrivance could have resisted. It is a only and not absolutely void ; but by that
ground of exemption in cases of torts Act they are now void, and (as a conse
(Nichols v . Marsland, L. R. 10 Exch. 255 ; quence) not confirmable upon the infants
and on appeal 2 Exch. Div. 1 ) ; and it is attaining full age. Usually, contracts
a ground for avoiding contracts in certain affected by fraud are voidable and not
cases . void, and the contract mustbe repudiated
within a reasonable time, and before action
VISIT AND SEARCH . The British commenced . Void in leases means in
Government, in former times, claimed and
exercised a right to search vessels sus
general voidable only by the person for
whose benefit the provision is inserted .
pected of being slave -traders ; but the But certain acts and contracts are in
right as existing apart from conventions herently void , e.g., for immorality, ille
was abandoned in 1858 ; and at the present gality, or the like, appearing on the face
day it exists for the repression of slave- of the instrument.
trading only where the respective countries
regard that practice as an international VOIDANCE : See title AVOIDANCE.
piracy, and mutually concede for its re VOIR DIRE ( see him speak ). This
pression the right of visit and search.
Prior to the Declaration of Paris, 1856, phrase is applied to denote that prelimi
England also claimed and ( as against per nary examination which the judge makes
sons not parties to that declaration ) still of one presented as a witness, where the
claims the right of visit and search in witness's competency is objected to, the
witness being a child of very tender years ;
times of war, for enemy's goods suspectedto the judge examines him or her on the voir
be on board of neutral vessels ; but by dire, to test his or her knowledge of the
that declaration it was declared that, “The sacredness of an oath . If the result of such
neutral flag covers enemy's goods, with the preliminary examination supports the ob
exception of contraband of war ;" in other
jection to incompetency, then the witness
words, that free ships make free goods.
The practice of nations as regards neutral will be rejected ; but in the general case
goods on board of enemy vessels has varied the judge inclines to allow the competency,
at different times and under different leaving the objection to go to the credibility
treaties, it having been at one time held merely. The examination on the voir dire
may be made at any stage of the trial,
that as free ships did not make free goods, whenever the occasion for it arises.
so enemy ships did not make enemy goods VOLENTI NON FIT INJURIA . Means
( Consolato del Mare), and at other more
recent times, that enemy ships did make literally, an injury is not done to any one,
enenıy goods, and, in the latter case , the if he or she) consents to the act, e.g., with
two maxims were frequently conjoined in the consent of the other party, either of the
the doggerel, Free ships, free goods; parties to a contract may break it, without
Enemy ships, enemy goods." becoming liable as for a breach.
See titles CONTRABAND ; Convoy. VOLUMUS. The first word of a clause
VISITATION . The office performed by in the king's writs of protection and letters
the bishop of every diocese once in every patent (Cowel).
three years, or by the archdeacon once in See title MERE MOTION .
every year, of visiting the churches. These VOLUNTARY BOND. Is an obligation
visitations were instituted for the purpose under seal, creating a debt in favour of
of correcting any abuses or irregularities some person or persons voluntarily and
that might arise therein ; and the persons without any consideration moving from the
who perform such visits are termed the obligee; in the administration of the assets
visitors ( Cowel). Most, if not all, of the of a deceased insolvent, such a debt now
2 0 2
VOLUNTARY BOND - continued . VOLUNTAS REPUTATUR PRO FACTO.
ranks pari passu with other debts ( Ex parte “ The will or intention is reputed for the
Pottinger, In re Stewart, 8 Ch . D. 621). act,” is a maxim which can be applied (if
at all) with only tbe greatest care in
VOLUNTARY CONVEYANCE . Is a English Law , thenearest approach to any
conveyance of lands to or in favour of a application of it having been under the
person or persons without any considera cognate maxim scribere est agere in the case
tion of value. of an alleged treason. But in English
See title TRUSTS. Law , a man is always deemed to have
intended that which is the natural conse
VOLUNTARY CURTESY . An act of
quence of his act ; and the intention may
kindness performed by one man towards even be inferred from the overt act, and
another, of the free will and inclination of that is probably the true meaning of this
the doer, without any previous request or maxim . Certainly the maxim does not
promise of reward made or offered by him mean (nor does the English Law hold )
who is the object of the curtesy. From that the mere intention to do a criminal
such a voluntary act of kindness the law act, not being accompanied with any ac
implies no promise on the part of him who complishment thereof or step towards ( it
is benefited by such act that he will make overt act of) accomplishment, is punish.
any remuneration or return for the same ; able at all.
for if it were otherwise, one man might See titles ATTEMPT ; INTENTION.
impose a legal obligation upon another In the language of
against his will. If, however, the curtesy VOLUNTEER.
or act of kindness was performed at the Equity, denotes a person becoming el
instance or request of the party benefited, titled to property ex causii lucratirá (ily
then the law implies a promise on the part without giving any payment or other cod
of the latter to make a remuneration or sideration for the same), and in that sense
return for such act. Hence the meaning is opposed to a purchaser for value.
of the phrases, that a voluntary curtesy See title VOLUNTARY TRrsts.
will not support an assumpsit," but that VOLUNTEERS : See title ARMY, sub.
“ a curtesy moved by a previous request title Volunteers.
will ” ( Lampleigh v . Braithwait,Hob. 105 ; VOTE : See titles ELECTIONS, MUNICIPAL ;
1 Smith's Learling Cases, 139 ; 3 Bos. & P. ELECTIONS, PARLIAMENTARY ; ELECTORAL
250 , in notis ; Durnford v. Messiter, 5 M. FRANCHISE ; VOTES AND PROCEEDINGS.
& S. 446 ),
See titles CONTRACTS ; EX NUDO PACTO VOTES AND PROCEEDINGS. In the
NON ORITUR ACTIO . Houses of Parliament the clerks at the
table make brief entries of all that is
VOLUNTARY JURISDICTION . Those actually done; and these minutes, which
Courts are said to have a voluntary juris. are printed from day to day for the use of
diction which are merely concerned in members, are called the “ Votes and Pro
doing or settling what no one opposes, and ceedlings of Parliament." The votes and
which keep an open office for that pur proceedings of the House of Commons are
pose (as granting dispensations, licences, published by the Speaker's authority, and
faculties, and other remnants of the old are sold to the public as well as distributed
ecclesiastical jurisdiction ), but do not con gratis among the members themselves ; but
cern themselves with administering redress those of the House of Lords are not pub
for any injury . lished or sold , although they can be ob
See title NON -CONTENTIOUS JURISDIC tained as a favour by persons desiring
TION . them .
VOLUNTARY OATHS are such as per VOUCHEE. In an action of common

sons take in extra -judicial matters, and recovery, the demandant commenced his
not regularly in a Court of Justice, or before action against the tenant to the præcipe,
an officer invested with authority to take and he vouched , i.e. , called upon the tenant
the same. in tail to warrant bis title ; and such
See title Qatas. tenant in tail (who was therefore called
VOLUNTARY SETTLEMENTS : See titles the first vouchee) vouched over the officer
FRAUDULENT CONVEYANCES ; VOLUNTARY of the Court to warrant him, and such
TRUSTS. officer from being so vouched was called
the second vouchee ; and the recovery was
VOLUNTARY TRUSTS :See titles TRUSTS , then said to be in that case with “ Double
sub -title Voluntary and for Value ; VOLUN Vouchee," which was more efficacious than
TEER . where there was the single voucher only
VOLUNTARY WINDING UP : See title of the officer (Burton's Compendium ).
WINDING UP. See title COMMON RECOVERY.
VOUCHERS. Are the corroborating WAGERING . By the stat. 8 & 9 Vict.
documents (e.g., receipts for purported c. 109, all contracts or agreements, whether
payments, &c.) which are produced by by parol or in writing, by way of gaming
trustees, agents, and others in proof of the or wagering, are declared null and void ;
correctness of their accounts, in all actions and no action or suit is maintainable for
involving the taking of such accounts . recovering any sum of money or other
See title ACCOUNT, ACTION OF, &c. valuable article alleged to be won upon any
VOUCHING TO WARRANTY : See title wager, or which has been deposited in the
RECOVERY, COMMON . hands of any person to abide the event of
the wager. And by the stat. 16 & 17 Vict.
VOYAGE POLICY. An insurance may c. 119 (extended to Scotland, and generally
be effected either for a voyage, or for a rendered more rigorous, by the Betting Act,
number of voyages, in either of which 1874, 37 & 38 Vict. c. 15 ) a penalty is
cases the policy is called a voyage policy ; imposed upon persons being the occupiers
or the insurance may be for a particular or owners of betting-houses, and who re
period, irrespective of the voyage or voyages ceive money to abide the event of any
upon which the vessel may be engaged wager, or who advertise advice on races,
during that period, and the policy is then subject to certain exceptions mentioned
called a time policy. In England time in the Act. Those statutes have produced
policies made for a longer period than one an alteration in the Common Law ; for
year are , by statute ( 35 Geo. 3 ,c. 63, s. 12), by the Common Law an action might have
yoid ab initio . Where a ship is insured been maintained on a wager, strictly so
“ from A. to B. for a year,” the policy is called, if it was not against the interests
called a mixed policy, being in effect a time or the feelings of third persons, and did not
policy with the voyage specified ; and such lead to indecent evidence, and was not con
à policy runs for the whole period insured, trary to public policy ( Thackoorseyduss v.
irrespective of the completion or non- com Dhondmull, 4 Moo . Ind . App. 339).
pletion of the voyage, but does not attach,
unless the ship sails upon the voyage WAGES. The payments made to ser
named (Way v. Modigliani, 2 T. R. 30 ; vants and workmen are so called . This
Maude & Pollock, 345 ). amount is usually fixed by the contract or
See title VALUED POLICY.
agreement of the parties ; the old Statute
of Labourers, which attempted to interfere
W. with the law of the supply and demand of
labour as affecting such contracts or agree
WADSET. A Scotch term for mort. ments, proving as inefficacious as the
gage. modern attempts of the trade unions.
WAGER OF BATTLE. This was a Upon the bankruptcy of the employer or
mode of trial in a civil action , but it was master wages are treated as preferential
debts of the bankrupt, the wages or salary
abolished in writs of rights by the 59 Geo 3, of any clerk or servant not exceeding four
c. 46 ; and as the same statute abolished months and not exceeding £50, and the
also appeals of murder, of treason, and wages of any labourer or workman not ex
of felony, this mode of trial may be con ceeding two months, at the date of the
sidered to have been then abolished
order of adjudication (Bankruptcy Act,
altogether. 1869, s. 32). Similarly, three months'
See title Jury, TRIAL BY, HISTORY OF. wages are allowed to workmen on the
WAGER OF LAW . This was a species winding-up of a company (32 & 33 Vict.
of “ decisory oath " taken by the defendant c. 10, s. 26).
to an action on a simple contract, and in See titles LABOURERS, STATUTE OF ;
some few other actions, not being on MASTER AND SERVANT.
specialties. The defendant swore in Court,
in the presence of eleven compurgators, WAIFS. If a felon, in his endeavour to
that he owed the plaintiff nothing, or that escape pursuit, waived, i.e., threw away,
he did not detain the plaintiff's goods, and the goods stolen, then the king's officers
the eleven swore that they believed his (or the lord's bailiff) mightseize the goods
oath to be true. This mode of trial was to the king's (or the lord's) use, and keep
only admissible in the absence of all evi them as a punishment upon the true owner,
dence properly so called ; the Court would if he did not prosecute the thief within a
rather discharge the defendant on his oath year and a day, or at least give evidence
than charge him on the plaintiff's uncorro against him leading to his conviction ; but
borated oath . Wager of law was abolished such owner, if he was a foreign merchant,
by 3 & 4 Will. 4 , c . 42, s. 13. i.e., a stranger, to our laws, was not to be
See titles DECISORY OATH ; SUPPLETORY so punished. Waifs are to be distinguisher
Олтн. from bona fugitiva, which are the goods of
WAIFS — continued . WALES — continued .
the felon himself, which he abandons in ster was partially extended to Wales And
his flight from justice. now by 20 Geo . 2, c. 42, s. 3, in an Act
See title FUGITIVE'S GOODS. Parliament, the word “ England " is be
to include Wales and Berwick -re -In
WAIN, WAINAGE . A cart or waggon, as well as England proper ; and br 1 !
with its equipments. The early law ex Geo . 4 & 1 Will. 4, c. 70, the presso
empted the labourer's wainage from being the Courts at Westminster was made the
taken for debt ; and many similar excep exclusive process in Wales, and the end
tions, suited to modern society, are afforded of North and South Wales were estaba
by our law to the honest but unfortunate lished .
debtor ( Simpson v. Hartropp, 1 Sm. L. C.
385 ; Bankruptcy Act, 1869 ). WAPENTAKE. A local division
See title AMERCIAMENT. country ; the name is in use north of the
WAITING CLERKS : See title Six Trent to denote a hundred . The derio
CLERKS. tion of the name is said to be from mdper
WAIVER . This word is commonly and take, and indicates that the diviso
used to denote the declining to take advan was originally of a military character.
See title HUNDRED . 1
tage of something or other, usually of a
forfeiture incurred through breach of cove WAR : See titles MARTIAL LAN ; TED
nants in a lease. A gift of goods or of ING WITH ENEMY ; TREATIES. 1
money may be waived by a disagreement

to accept ; and then it is no gift ( Hill v. WAR -OFFICE. Is the office of the
Wilson , L. R. 8 Ch. 888). So, also, a plain Secretary of State for War, and bas is
tiff may commonly sue in contract, waiving management of the civil side ( more pro
the tort. But the doctrine of waiver is perly so called ) of the defence of the king
chiefly valuable in connection with cove domand its colonies and dependencies it !
nants in leases ; and in this use of it waiver the acquisition of sites for fortificatioas
is commonly said to be of two sorts, namely , &c., the audit of accounts, &c., the paymes
( 1.) Implied waiver, and (2.) Actual waiver. of officers, soldiers, &c. , and so forth ; the
With reference to the first kind of waiver, Horse Guards being the corresponding
a receipt of rent by a landlord after notice office for the military side ( properly sa
of a breach of covenant committed by his called ).
tenant prior to the rent becoming due, was
and is an implied waiver of his right of WARD. A division in the city of Le
entry for that particular breach (Co. Litt. don and in some other towns committed to 1
211, s. 6) ; and with reference to the second the special ward, i.e., guardianship, of an
kind of waiver, if a landlord, in express alderman. The name also denotes a prisa
terms, waived his right of re-entry on the or division thereof. All infants are like 1
ground of the breach for that once, he was wise denominated wards, !
considered in law to have waived it also 1
for all subsequent breaches of the same WARDEN . A keeper, e.g., the Wards 1
covenant ; but by the stat. 22 & 23 Vict. of the Cinque Ports, the Warden of the 1
c. 35, s. 6, the effect of an actual waiver is Stannaries, and the Warden of the Fart 1
Prison . He is sometimes inFested sth
now reduced in this respect to that of an judicial functions.
implied waiver, and does not extend be
yond the particular instance. WARD-MOTE. The Court of the dis
WALES. It appears that England and sion of the City of London or of any towa
Wales were originally but one country ; which is called a " ward . "
and that even after Wales had princes of WARDS, COURT OF. This was a Court
its own, the kings of England exercised a established by Henry VIII ., and to which
superiority over them . King Edward I., in he afterwards added the office of livene
the twenty -eighthyear of hisreign, annexed (32 Hen . 8, c. 46). The Court was abolished
the marches of Wales perpetually to the by 12 Car. 2, c. 24, along with the military
Crown of England ; and the annexation tenures.
was completed by the 27 Hen. 8, c. 26. By
the subsequent stat . 34 & 35 Hen. 8, c. 26, WARDSHIP . In the tenure of lands by
Wales was divided into twelve counties, a knight service, if the heir were under age,
president and council were appointed for thelord bad the wardship ( i.e., the custody
the Principality, and two justices were to be of the body and of the lands of the heir) 1
assigned to hold a session twice every year. until such heir attained 21 if a male, and
By the 1 Wm. & M. st. 1 , c. 27, the Court 16 if a female; and such wardship
of the President and Council was abolished , without account. In the tenure of landsl
and the process of the Courts at Westmin by socage, the lord ( or guardian) was
WARDSHIP - continued . WARRANTIA CHARTÆ , WRIT OF

continued .
strictly liable to account, as all guardians
now are .
being afterwards sued or impleaded in
ว้ นี้ assize or other actions in which he could
See titles GUARDIANS ; INFANTS, JURIS
DIOTION OVER . not vouch to warranty, was permitted by
WAREHOUSEMEN'S CONTRACTS : See meansof this writ to compel the fooffor, or
his heirs, to warrant the land to him ; and
titles LIEN ; STOPPAGE IN TRANSITU . if that writ were obtained by the feoffee
WAREHOUSING SYSTEM . This sys pending the first writ against him, then in
tem, called also the Bonded Warehouse, or case the land were recovered from him, he
should recover as much lands in value
Bonding, System , is that by which goods
imported are allowed to be deposited in against the warrantor ( F. N. B. 134 ; Les
public warehouses at a reasonable rent Termes de la Ley, 372, 588). The writ was
without payment of the duties on importa abolished by 3 & 4 Will. 4, c. 27, s. 36 ;
tion if they are re-exported ; or if they are and at the present the remedy would be
on the covenant for title.
afterwards withdrawn for home consump
tion, without payment of such duties until
they are so withdrawn. WARRANTY . This word applies both
See titles CUSTOMS ; EXCISE . to real and to personal property .
I. As applied to real property - it is a
WARES : See titles FRAUD, STATUTE OF ; covenant, i.e., a promise by deed, by the
SALE. grantor for himself and his heirs to war
WARING , EX PARTE, CASE OF. This rant, i.e., secure, the grantee and his heirs
is a celebrated case reported in 19 Ves. 345, in the thing granted against all the world.
and which decided that bills (or other The benefit of such a warranty appeared
securities ) held by a banker against his when it was attempted to evict the grantee
acceptances are available to the holders of of the lands, who thereupon either vouched
the acceptances to have them applied in his warrantor, or obtained judgment in a
discharge of the acceptances, not indeed writ of warrantia chartæ against him to
directly, but through the equity of the defend his title, or else to recompense him
accepting banker; and the principle of the with other lands of equal value.
case is applicable only when there is a Warranty was either implied or express.
right of double proof, i.e., against both By the old law , every feudal grant, by the
drawer and acceptor, both of whom are word “ dedi,” involved or implied a war
bankrupt, the effect of the application of ranty ; but in other modes of grant of a
the principle being to adjust the equities more recent origin, an express clause of
as between the two bankrupt estates ( Ex warranty was required.
parte Smart, L. R. 8 Ch. App.220 ; Vaughan A warranty bound not only the warrantor
v. Halliday, L. R. 9 Ch. App. 561 ). This himself but also his heirs, and it made no
appropriation of securities is a species of difference whether the warranty was lineal
appropriation of payments, made by the or collateral, that is to say, whether the
Law , according to the equities of the heirs had or not derived, or might or not
parties ( Shepherd v. Harrison, L. R. 5 H. L. by possibility have derived, title from or
through the warrantor . But the heir in
116).See titles APPROPRIATION OF PAY either case was in theory bound only if he
6 MENTS ; APPROPRIATION OF SECURI . had received other sufficient lands or assets
TIES .
by descent from the warrantor, although
WARRANT. A precept under hand both in lineal and in collateral warranty
he was in effect bound, whether he bad re
and seal to an officer to take up an offender, ceived such lands or not, inasmuch as the
to be dealt with according to due course of assets he should have recovered upon up
law. It issues only upon a sworn informa setting the warranty of his ancestor were
tion . If the magistrate issuing it has regarded as assets by descent from his an
authority, it is a protection to all persons cestor, and as such would be liable to make
acting under it ; but not if upon the face good his warranty . This was an evident
of it, it is shewn to be without authority. abuse of a proper principle ; and the abuse
See titles ARREST; CONSTABLE ; POLICE. was corrected , -as to the warranties of
WARRANT OF ATTORNEY : See title tenants by the curtesy, by the stat. 6
ATTORNEY, WARRANT OF. Edw . 1 , c. 3 ; and as to the warranties of
tenants in dower, by the stat. 11 Hen. 7 ,
WARRANT, DOCK : See title Dock s. 20 ; and as to the warranties of tenants
WARRANTS. for life generally , by the stat. 4 & 5 Anne,
WARRANTIA CHARTE , WRIT OF. c. 16 ; and last of all, as to the warranties
A writ which lay for a man who was en of tenants in tail , by the stat. 3 & 4 Will . 4,
feoffed of lands with warranty , and who c. 74 , s. 14 .
i
WARRANTY - continued . WARREN - continued.

II. As applied to personal property-a to have and keep certain wild beasts and
warranty may also be either express or im- fowls called game within the precincts of a
plied. The better opinion is, that there is manor, or other kdown place. This fran
an implied warranty of title upon the sale chise, like that of chase, or park, must be
of personal chattels, unless the circum- derived from a royal grant, or from pre
stances are such as evidently exclude the scription , which supposes such a grant, it
implication ; and there may, of course, be being laid down in the case of monopolies
an express warranty of title. But there is (11 Rep. 87 b ., 44 Eliz.): “ That none can
no implied warranty of the goodness or make a park, or chase, or warren , without
soundness of the articles sold , although the king's licence." Beasts of warren are
there may of course be an express war- hares and rabbits ; fowls of warren are
ranty to that effect; yet there is an im- pheasants and partridges. And the effect
plied warranty that the goods sold are of a grant of free warren is, to vest in the
fairly merchantable, or will fuirly answer grantee a qualified property in those beasts
the purpose for which they are known to and fowls as long as they remain on the
be bought, e.g., that provisions are whole- lands comprised in the grant, and even
some. The custom of trade may also give after they are hunted out of the warren .
rise to an implied warranty of goodness, And although a person may have a pro
e.g., where goods are bought and sold by perty in some wild animals, namely, rab
sample (2 East, 311). A general warranty bits, ratione soli, yet this property is sub
does not extend to obvious defects, e.g. , to servient to that of the person having the
the want of the tail in a lorse that is war- franchise of free warren, which is ratione
ranted perfect ( Dig. 18 , 1, 43, s. 1 ; 1 Salk . privilegii, and suspends it ; for in that case
211 ). the property of the wild animals is in the
A warranty differs from a misrepresenta- person having the warren , not in the pro
tion in that a warranty must always be prietor of the soil.
given contemporaneously with and as part WASON v . WALTER . A case in 1868
of the contract,whereas a misrepresentation which decided that it was no libel for a
precedes and induces to the contract. And
while that is their ditference in nature, newspaper to publish a faithful report of
debates in Parliament.
their difference in consequence or effect is
this : that upon breach of warranty ( or See titles Press, LIBERTY OF ; STOCK
false warranty), the contract remains bind DALE v. HansARD.
ing and damages only are recoverable for WASTE. This word, which is derived
the breach ; whereas upon a false repre- from vastum , denotes that havoc or devasta
sentation the defraudad party may elect to tion which arises from exceeding the right
avoid the contract , and recover the entire of user. The word is, therefore,applicable
price paid . only to persons having limited interests or
See titles FRAUD ; VENDORS AND Pur- estates in lands, e.g., tenant for life, or pur
CHASERS ; WARRANTY, BREACH OF. autre vie, tenant in dower, and tenant by
WARRANTY, BREACH OF. This must the curtesy ; and it is inapplicable, as a
general rule, to tenants in tee tail or in fee
be distinguished from misrepresentation. simple.
For the warruntor is liable for damages for By the Common Law , waste was punish
breach of warranty whether he knew or did able in the cases only of tenants for life
not know that the thing sold was imper who were such by operation of law, namely,
fect, whereas for a misrepresentation he tenants in dower and tenantsbythe curtesy;
would only be liable if he knew it was false but by the Statute of Marlbridge (52 Hen. 3),
when he made it, or made it with culpable c. 23, it was made punishable in the cases
recklessness. also of tenants for life, or pur autre rie, or
The remedy for a breach of warranty for years, who were such tenants by the
differs also from the remedy for a misrepre creation of the parties or of the settlor.
Sentation . Thus, on breach of warranty Furthermore, the Courts of Equity long
the purchaser is not entitled to return the interfered to remedy waste in cases in
article and get back his money ; at the which the Courts of Law were powerless
most he can only obtain damages which to interfere ; and there grew up accordingly
will go in part reduction of the price. On a distinction of waste into legal on the one
the other hand, in case of a misrepresenta hand , being such as Law could restrain ;
tion the purchaser is entitled to send back
the article and have his money returned to aud equitable on the other hand, being such
him .
as Equity alone could restrain . However,
by the Judicature Act, 1873, this distinc
See titles FRAUD ; DESCRIPTION NOT tion is abolished ( 36 & 37 Vict. c. 66, s. 25,
ANSWERED .
sub-8. 3 ), as from the 2nd of November,
WARREN . A free warren is a franchise 1875, and Law and Equity are now equally
WASTE - continued . WASTE - continued .

1 competent and compellable to restrain by 3 & 4 Will. 4, c. 27 , s. 36), or an action
waste, whether it be of the kind formerly on the case ; and at the present day the
called legal or of the kind formerly called legal remedy is an action on the case, in
equitable. which action an injunction may also be ob
While the distinction before mentioned tained . But the equitable remedy, which
subsisted, the divisions and sub-divisions was by bill, was more generally resorted
of waste were the following : to ; and Equity, which , until 1854, had
( 1.) Legal waste, being either exclusive jurisdiction by injunction used to
( a .) Voluntary waste ; or interfere, and also still interferes, although
(6.) Permissive waste ; and now Law may also interfere, in the three
(2.) Equitable waste , wbich was in all following groups of cases in particular,
cases voluntary, and so is described as that is to say, —
equitable waste only. ( 1. ) Where a remainderman for life in
(1 a.) Voluntary legal waste consisted in tervenes in the order of the limitations be
the following particulars : pulling down tween the tenant who commits the waste
houses, pulling down wainscots, doors, and the owner of the inheritance in re
2
windows ,furnaces, and other such fixtures, mainder or reversion ( Tracy v. Tracy, 1
causing timber trees to decay, stubbing up Vern . 23) ;
underwood, cutting down fruit- trees in an (2. ) Where the tenant for life who com
orchard , cutting down trees which shelter mits the waste is in collusion with the
the mansion ; also opening new gravel pits, remainderman in fee to the prejudice of
lime pits, clay pits , & c ., or new mines of an intervening contingent remainderman
metal, coal , and the like ; also the conver- (Garth v. Cotton, 1 Ves. 546) ; and
sion of old meadow land into arable, or of (3.) Where the waste is equitable as op
arable into plantation, or the like; and posed to legal.
even ploughing up a rabbit warren ( Anger- See titles AMELIORATIVE WASTE .
stein v. Xunt, 6 Ves. 488 ), or reclaiming EQUITABLE WASTE ; LEGAL WASTE ."
deer in a park (Ford v. Tynte, 2 J. & H.
WASTE - LANDS . Otherwise called
1
153), or altering the character of a building,
( 11. ) Permissive legal waste consisted commons, belong to the lord of the manor
in suffering houses to get into decay ; but in which they lie, as part of his freehold
estate in the entire manor . The lord is
the Courts have ceased to give any remedy
or assistance in such cases ( Warren v. therefore entitled to all the mines and
minerals thereunder. His ownership is,
Rudall, 1 J. & H. 1, 13), notwithstanding however, subject to the general customs
the same are generally considered to have
been comprised in the Statute of Gloucester, (and, if any, the special customs) of the
6 Edw . 1 , c . 5 . manor, whereby the copyholders enjoy
( 2.) Equitable waste consisted in “ mali certain limited rights incidental more or
cious, extravagant, or humorsome” acts of less to their copyhold or freehold tene
destruction on the part of a tenant who was ments held of the manor ; but subject to
not impeachable for waste at law, e.g., such customs ( general and special), the
where a tenant for life without impeach lord's right to the waste is unlimited
ment of waste, pulls down or dismantles, ( Curtis v. Daniel, 10 East, 273 ; Duke of
without any proper purpose, the mansion Portland v. Hill, L. R. 2 Eq. 766). The
house (Vane v . Lord Barnard, 2 Vern. 738), lord may approve (i.e., inclose ) portions
of the waste land under the Statute of
or pulls down farm -houses ( Aston v . Aston , Merton ; but waste -lands are usually in
1 Ves . 265 ), or totally destroys a planta closed under and subject to the provisions
tiou ( Id. ), or fells ornamental timber ( Rolt
v. Lord Somerrille, 2 Eq. Ca. Abr. 759) ; of General and Special Inclosure Acts.
or, again , where a tenant in tail after pos See titles APPROVEMENT ; INCLOSURE.
sibility of issue extinct commits the like WASTE OF MANOR : See titles MANOR ;
acts of waste ( Att.-Gen. v . Duke of Marl WASTE -LANDS.
borough, 3 Madd . 538 ) ; or, again , where a
devisee in fee simple with an executory WATCH AND WARD . Watching is
devise over on his death without leaving properly for the apprehending of rogues in
issue, or on any other event, does the like the night, as warding is for the day ; for
acts of waste ( Turner v. Wright, 1 Johns. default of watch or ward , the township may
740) ; or, again, where a tenant in posses- be punished . In 1233, watch and ward
sion under a disputed title does the like was established in every township through
acts of waste ( Earl Talbot v. Hope Scott, out the country to supplement the then
4 K. & J. 96 ). inadeqnate police organization. The system
Procedure in cases of waste : The legal was improved by being brought into com
remedy for waste used to be either a writ bination (but for the preservation only of
of waste ( which, however, was abolished internal peace) with the militia as regu
WATCH AND WARD - continued .
WAYS continued .
lated by the Assize of Arms, and in effect It is com--monly said that every highway
every man, whether free or villein, was is the king's ; but this means that the
required to provide himself with arms king and his subjects have at all times the
suitable to his condition forthe purpose of right to pass and repass only at their plea
keeping watch and ward ( 1252-53 ). And sure ; for the freehold and all the profits
by the Statute of Winchester ( 13 Edw . 1 ), thereof belong to the lord of the soil (2
the whole hundred in wbich any robbery Inst . 705) , being in general the adjoining
had been committed was made answerable owner, who therefore may bring trespass
for the damage, unless the felon was for digging in the highway ( 1 Burr. 143).
brought to justice.
See title POLICE. A public way need not be a thorough
WATER - BAILIFF. An officer in port fare ; por is a thoroughfare of necessity a
public way: 1
towus for the searching of ships. In the The dedication of a public way is readily
City of London he has the supervising of presumed from user assuch , e.g. , from eight
fish brought thither, the gathering of the or six years' user. But á highway may
toll arising from the Thames , and the arrest also exist by virtue of an express grant.
of men for debt, or other personal or criminal It most commonly exists in virtue of some
matters, on that river. Act of Parliament.
WATERMEN . There are eight over- theWit
who refe
hle parrenc to of
ishe is repa
thecom higthwa
ir ofrigh
mon bouys,
nd
seers elected annually by the Lord Mayor
and Court of Aldermen of the City of Lon to repair all the roads of the parish, and
don to exercise supervision over all wherry the whole county all the roads of the
men, watermen, and lightermen upon the county. And this liability continues ,
River Thames between Gravesend and although some particular person or persons
Windsor. Their duties were latterly regu- mayrepa
the . eSuch
liabl
be irs partfirst
in the iculinst
ar pers pere
anceontoormak
lated by the Consolidation Act, 7 & 8 Geo. 4,
c. 75 ; but the matter is now to some extent sons may be bound to repair a highway
regulated by the recent stat. 27 & 28 Vict. either by reason of prescription or byrea
c. 113. son of inclosure. The prescr iptive duty to
WATERWORKS. repair is often called the liability to repair
The Waterworks ratione tenuræ . The liability by reason of
Clauses Act, 1847 (10 Vict. c. 17 ) is the inclosure arises when the owner of unen
general Act regulating the construction closed lands adjoining the highway encloses
of waterworks; and in general (and, semble, them, and thereby prevents the public going
in all cases) a special Act is required for on the lands enclosed when the road is
their construction, just as in the case of bad .
railway companies, all waterworks com- Anything whereby the public are incom
panies being more or less companies of a moded in their use of the highway is a
public character, and not merely private nuisance to it, e.g., the foulness of the ad
adventures . They are within the provi- joining ditches, the overhanging of boughs,
sions generally of the Public Health Acts. &c. , whence the adjoining owner is bound to
See titles GASWORKS ; PUBLIC HEALTH ; scour his ditches, and also to lop his trees
SANITARY LAWS.
WATER AND WATERCOURSE : See
adjoining the highway: Every unautho
rized obstruction of a highway is an indict
title EASEMENTS, sub -title WATER. able offence .
WAYS. Ways are of four principal Any
abat a com
ing one justinuis
maymon pull, ing
fy inance e.g.,dow or
in nde
varieties, namely molishing a gate erected in a common
( 1. ) Iter, i.e., a footway ; hig hwawho
y le law of highways is now prin
(2.) Actus, i.e., a horse and footway, The
called also a packway ;
(3.) Via, i.e., a cartway ( including foot Will . 4, c.regu
cipa lly 50late 26stat
; 25d &by Vict see and
ute. c.; 61, 5° &276
and horseway ); and & 28 Vict, c . 101 .
(4. ) A driftway (probably included in See titles EAS EMENTS, sub -title Way ;
Roman Law under the term actus
EASEMENTS, Quasi ; HIGHWAY ;
but being excluded therefrom in TURNPIKE ROADS.
English Law ), i.e., a way for
driving cattle . WEAR . A great dam made across a
Ways are either public or private, the river, accommodated for the taking of fish ,
former being open to all the king's subjects, or to convey a stream to a mill.
the latter being open to the inhabitants of WEIGHTS AND MEASURES . There
a particular parish, village, or house only ; are two sorts of weight in use, viz. , troy
a public way is also commonly called a weight and avoirdupois, the former con
highway.
taining 12 oz. and the latter 16 oz, to the
WEIGHTS AND MEASURES—contd . WILFUL DEFAULT. When a mortga

gee is in possession, he is considered in
pound. The statutes principally regu . Equity, in some measure, in the light of a
lating weights and measures are 5 & 6 trustee, or bailiff, for the mortgagor, and is
Will. 4, c. 63, and 41 & 42 Vict. c. 49. accountable for the rents and profits of the
The 3rd section of the former Act pro land ; but he is not obliged to account
hibits the use of weights and measures according to the actual value of the land,
different from the imperial standard ; and nor is he bound by any proof that the land
all sales by any standard other than the is worth so much , unless it can be proved
imperial one are void ( Rosseter v. Cahlman, that he made so much out of it, or might
8 Exch. 361). The Act of 1878 re -enacts have done so but for his own “ wilful
like provisions. default,” as if without cause he turned out
WEIR : See title WEAR . a sufficient tenant who held it at so much
WELSE MORTGAGE . A Welsh mort. rent, or refused to accept a tenant who
gage is a mortgage in which the rents and would have given so much for it. This
profits are received by the mortgagee as an question of the mortgagee's accountability
commonly arises in an action for the fore
equivalent for the interest, and the princi closure or redemption of the estate; but
pal remains undiminished . In such a
mortgage there is no contract, express or the like accountability extending also to
“ wilful default” arises upon the mort
implied , between the parties for the repay, gagee's exercise of the power of sale inci
ment of the debt at a given time ; and
while the mortgagee cannot foreclose the dent to his mortgage (Mayor v. Murray,
estate or sue for his money, the mortgagor 8 Ch . Div . 424).
See title MORTGAGE .
or his heirs may redeem the estate at any
time ( Hlowell v. Price, Prec. Ch. 423, 477). WILFUL or NEGLIGENT : See title
WERGILD . This was the price of TRESPASS OR CASE, WHICH ?
homicide, or other atrocious personal of WILKES ' CASE . This case, and the
fence, paid partly to the king for the loss proceedings in Parliament incident to it
of a subject, partly to the lord for the loss ( 1766–1774 ), determined as a matter of
of a vassal, and partly to the next of kin of Parliamentary Law that when a member is
- the injured person. In the Anglo -Saxon expelled from the House and even declared
laws the amount of compensation varied incapable of re-election, he still remains re
with the degree or rank of the party slain . eligible ; but, semble, his re-election may
See title DEATH , DAMAGES FOR . again be annulled by a re-expulsion .
See title PRIVILEGE OF PARLIAMENT.
WHIPPING . This is a punishment
which may or not accompany sentences of WILL, ESTATE AT : See title TENANT
imprisonment in most cases; as to females, AT WILL.
it was abolished by 1 Geo. 4, c. 51 . WILLS. The whole law of wills has been
See title ARMY DISCIPLINE ACT, 1879 .
digested in a single Act, viz., the New
WIDOW : See titles DowER ; FREE Wills Act (7 Will . 4 & 1 Vict. c. 26), the
BENCH ; NEXT OF KIN . short contents of which Act are as follows:
WIDOW OF KING. The king's widow I. As to the property devisable or be
7 was she who, after her husband's death queathable :
All real estates (whether legal or
being the king'stenant in capite, could not equitable) that are descend
marry again without the king's consent. ible generally, whether then
WIFE : See titles HUSBAND AND WIFE ; already possessed or afterwards
MARRIED WOMAN, acquired ;
WILD'S CASE, RULE IN. That rule is All customary or copyhold estates
commonly expressed as follows:-A devise ( whether legal or equitable)
to X. and his children (or issue ), X. having that are descendible generally,
no children ( or issue) at the time of the whether then alreadypossessed
devise, gives him an estate tail ; but if X. or afterwards acquired ;
has issue at the time of the devise, then he All estates pur autre vie ;
and his children take as co - tenants. But the All personal estate ;
role must be taken to be subject to many All contingent, reversionary , and
important exceptions, the construction of future interests in real or per
wills being pre-eminentlyone in which the sonal estate, whether already
intention of the testator is to be gathered created or not ;
from the will, with as little restraint from All rights of entry.
technical rules as possible, unless when II. As to the capacity of testators :
these latter rules are of clear application ( 1.) Persons under twenty -one years
( Webb v. Byng, 2 K. & J. 669 ). have no such capacity, even for
WILLS - continued. WILLS — continued.
the purpose of exercising a execution ( Re Diaper, 3 N. R.
power expressed to be exercise 215 ) ;
able during minority, and the ( 5. ) Subscription of witnesses in the
subsequent attainment of presence of the testator, although
twenty -one years will not vali not necessarily in each other's
date the will (Sugd. R. P. Stat. presence ; but the witness's
330 ) ; mark is a sufficient subscription
( 2. ) Married women have a limited whether he can or cannot write
capacity, that is to say, to the ( Re Amiss, 2 Rob . 116 ) ; and a
extent of exercising any power subscription by initials is good
over real or personal estate, or ( Re Christian, 2 Rob. 110 ) ;
to the extent of property (real since the 20 & 21 Vict. c . 77,
or personal) settled to their s. 33, the execution of the will
separate use ( Thomas v. Jones, may be proved by one only of
2 J. & H. 475 ). the attesting and subscribing
III. As to the formal requisites of wills : witnesses ( Belbin v. Skeats, 1
( 1.) Writing ; whether in ink or in Sw. & Tr. 148) ;
pencil (Gregory v. Queen's Proc (6.) In the special case of wills exe
tor, 4 No. Ca. 623 ; Bateman cuting powers, if the power is
v . Pennington, 3 Moo. P. C. to be exercised by writing
227 ) ; and whether or not in under seal, and a will is used
testamentary form ( Thorncroft for the purpose of executing it,
v. Lashman , 2 Sw. & Tr . 479) ; the will must be sealed in addi
and the writing of the will may, tion to the observance of the
by reference, incorporate other formalities before mentioned
then existing documents ( Allen (West v. Ray, Kay, 385) ; and
v. Maddock, 11 Moo. P. C. 427 ) ; generally all other extra for
provided they are documents malities required by the donor
made immediately before, i.e. , of the power, not being forma
shortly before, the date of the lities of execution or of attes
will (Wild v. Barber, W. N. tation , however whimsical,
1879, p. 141 ), and be clearly must be complied with , not
identified ( Singleton v. Tomlin withstanding 8. 10 of the
8on , 3 App. Ca. 404 ). Wills Act, which relates only
(2.) Signature by testator, or by some to execution and attestation ;
other person by his direction (7. ) No publication of a will is neces
and in his presence, at the foot sary, other than such publica
of the will ( 15 & 16 Vict. c. 24 ) ; tion as consists in the obsery
the testator's mark is a suffi ance of the formalities before
cient signature, whether he can mentioned, s. 13.
or cannot write, even though IV. As to the capacity of witnesses :
his name is not affixed to the (1.) The incompetency of an attesting
mark (Re Bryce, 2 Cur. 325 ) ; witness is not to invalidate the
and even an impressed fac. will , whether such incompetency
sinile is sufficient ( Jenkins v . existed at the time of the tes
Saisford, 3 Sw . & Tr. 93) ; and tator's execution of the will or
signature by initials is good at any time afterwards (s. 14) ;
( Re Wingrove, 15 Jur. 91) ; a (2.) A gift, whether by devise or be
witness may sign the testator's quest, to a witnees, or to the
name for him (Re Bailey, 1 then existing wife or husband
Cur. 914) ; of a witness, is not to affect the
(3.) Presence of two witnesses at one competency of the devisee or
and same time, being time that legatee as a witness (s. 15 ) ; but
testator signs personally or by the gift is to be void , unless in
proxy ; the case of a creditor (ss. 15, 16),
(4. ) Attestation of witnesses in the any charge of debts or direction
presence of thetestator, although for their payment remaining
not necessarily in each other's valid, notwithstanding that the
presence, but no form of attes . creditor is a witness ;
tation is required ( Bryan v. (3.) An executor of the will may be a
White , 2 Rob . 315) ; although witness (s. 17).
the full attestation clause is V. As to revocation of will :
useful, obviating the necessity ( 1.) In the general case , and also in
of proof of the formalities of the case where the will is in
WILLS - continued . WILLS — continued .

exercise of a power of appoint alterations generally, made in
ment over property which would the will after execution, pro
in default of appointment de vided such interlineations, ob
literations, or other alterations
volve upon the real or personal are executed as a will (s. 21) ;
representatives of the donee of
the power, the marriage of the (7.) Revocation by alteration of estate
testator, whether male or female, is abolished (s. 23) ;
revokes the will, the marriage (8.) A revoked will may be revived by
being a legal marriage (Re the re-execution of the will, or
Mette, 7 W. R. 543) ; by a codicil duly executed with
(2.) In the case where the will is in the intention of reviving it
exercise of a power of appoint (s. 22 ; Marsh v . Marsh , 35 L. T.
ment over property which would 523) ; however, a will revoked
not in default of appointment by a revoking instrument would
devolve upon the real or per not be revived by the revocation
sonal representatives of the of the latter instrument (Major
donee of the power, the mar v. Williams, 3 Cur. 432 ; Wood
riage of the testator, whether v. Wood , L. R. 1 P. & M. 309.)
male or female, does not revoke VI. As to operation of will :
the will ( Hawksley v . Barrow , ( 1.) With reference to the real and
L. R. 1 P. & M. 147) ; personal estate comprised in it,
(3.) Revocation by presumption is a will operates from the death
abolished (s . 19) ; of the testator (s. 24 ) ; but that
(4.) Revocation may also be by sub only in the absence of a con
sequent will or codicil, being trary intent ;
well executed, and the testator (2.) With reference to matters other
acting on that assumption ( Re than the property comprised in
R. L. 20 L. T. 26 ) ; it, a will operates from the date
(5.) Revocation may also be by the of the execution ( Re Wollaston, 9
burning, tearing, or otherwise Jur. (N.S.) 727 ; Bullock v.
destroying the will , with the Bennett, 7 De G. M. & G. 283 ;
intention of thereby revoking Trimmell v. Fell, 16 Beav. 539 ;
it ( Re Kennett, 2 N. R. 461 ); Gibbins v. Eyden , L. R. 7 Eq.
and such burning, tearing, or 371 ; Noble v. Willock, W. N.
other destruction may be either 1873, p. 124 ; 21 W. R.711 ) ;
by the testator personally, or by (3. ) With reference to lapsed and void
devises, these are included in
any other person in his presence
acting by his direction ; such the residuary devise (if any)
revocation may be in part only (s. 25) ( see LAPSE) ;
( Christmas v. Whinyates, 11 W. (4. ) With reference to the distinctions
R. 371 ) ; but if the part cut of property in land, as being
out or destroyed is the signature freehold , leasehold, copyhold,
of the testator, the revocation or customaryhold, a devise of
is of the whole will ( Walker v. lands generally is to include
Armstrong, 4 W. R. 770 ); but lands of all those four qualities,
the mere cancelling of the sig whether or not the testator has
nature is nothing ( Stephens v. also freehold lands;
Taprell, 2 Cur. 458) ; the codi. (5.) With reference to the distinction
cil shares the fate of the will, between ownership and power
in the absence of an intention of appointment, a general de
that the codicil should operate vise or bequest of real or of per
substantively (Grimwood V. sonal estate is to include real
Cozens, 5 Jur. (N.S. ) 497) ; or personal estate over which
where the will has been des the testator has a general power
stroyed or lost sine animo revo of appointment , and it has
candi, a copy of it will be been decided that a power may
admitted to probate (Broun v. be exercised subsequently even
Brown, 8 El . & Bl. 886 ; Sug to the date of the execution of
the will , if the instrument which
den v . Lord St. Leonards, 1 P. creates the power comes into
Div. 154 ) ;
(6.) Revocation may be partially operation in the testator's life
effected by means of interlinea time (Stillmann v. Weedon, 16
tions, or by means of oblitera Sim . 261), but not when it
tions, or by means of other comes into operation after his
WILLS — continued . WILLS OF PERSONAL ESTATE - con
death ( Jones v. Southall, 32 tinued .
Beav. 31 ) ; witnesses to the execution of such a will;
(6.) In the absence of words of limi but by the Act 1 Vict. c. 26 , two witnesses
tation, or of other words indi became and are now necessary. An English
cating a contrary intention, a subject travelling abroad may make his
beneficial devise is to pass the will of personal estate, either ( 1.) Accord
fee simple or other the whole ing to the law of his domicile at the time
estate of the testator ( s. 28 ) ; of making the will, or (2. according to the
and the same rule is extended to law of the place where he makes it, or
the case of devises to trustees (3.) according to the law of the place of his
(s. 30 ) ; and the fee simple es domicile of origin (24 & 25 Vict. c . 114 ).
tates of trustees are not to be See titles PROBATE ; PROVING A WILL ;
determinable upon the purposes WILLS.
of the trusts being satisfied ( s. WILLS OF REAL ESTATE . Were
31 ) :
(7.) An estate tail given to any de anciently impossible; but with the growth
visee who predeceases the tes of the power to alienate lands inter riros,
tator, but leaves inheritable a customary will came into existence, being
issue who survive the testator, ( in effect) a feoffment of the lands to
is not to lapse, but to take effect the uses specified in the paper writing
in the predeceasing devisee called a will . By the Statute of Uses (27
(s. 32 ) (see title LAPSE ); Hen . 8, c . 10 ), such modes of making a
(8. ) A devise or bequest to any child will of real estate ceased to be legal; but by
of the testator is to take effect the Wills Act of Hen . VIII . (32 Hen 8,
in such child, notwithstanding c. 1 ), a tenant in fee simple holding by
he may die before the testator, Knight's service was enabled to devise two
provided any of his issue sur thirds of his real estate ; and if he held by
Socage tenure, he was enabled by that
vive the testator (s. 33) ( see title statute to devise the entirety of his lands.
LAPSE ) ;
(9.) The phrase “ dying without issue," The Statute of Frauds (29 Car. 2 , c . 3) re
and like phrases, formerly con quired for the validity of a will of lands,
strued to give an estate tail by writing, and also three witnesses to the
implication, are deprived of signature of the testator ; but by the New
that effect (s. 29 ) ; and Wills Act ( 1 Vict. c. 26), although writing
( 10.) The Act is to extend to the wills continues to be necessary, two witnesses to
of all persons executed or re the testator's signature are now sufficient ;
published on or after the 1st of and since the 12 Car. 2, c . 24, abolished
January, 1838. Knight tenure and converted same into
The stat. 1 Vict. c. 26, does not extend Socage tenure, there has ceasedto be any
to aliens (Sugd. R. P. Stats. 331 ), nor to restriction upon the power of devise. Å
British subjects pot domiciled in England will of real estate need not be proved, as a
( Bremer v . Freeman, 10 Moo. P. C. 306 ) ; will of personal estate must be ; neverthe
but the latter restriction has been partially less, a will of real estate is in general
removed by the 24 & 25 Vict. c. 114 , and proved, the heir being cited, and thereby
the former restriction is now altogether all question of its validity on the part at
removed by the Naturalization Act, 1870 least of the heir is got rid of.
( 33 & 34 Vict. c. 14), s. 2, subject to the See titles ALIENATION ; PROVING A
question of domicile . WILL ; WILLS.
See titles LEGACIES; WILLS OF PER WINCHESTER , STATUTE OF : See title
SONAL ESTATE ; WILLS OF REAL WATCH AND WARD .
ESTATE .
WINDING - UP. This phrase means
WILLS OF PERSONAL ESTATE . All simply squaring the accounts of a (partner
the then remaining restraints arising from ship or) company with a view to the disso
custom upon the power of bequeathing lution of the same. Usually (partnerships
one's personal estate by will were abolished and ) companies are wound up only when
by the stat. 1 Vict. c. 26, the great majority they are in insolvent circumstances ; and in
of such restraints having long previously the case of companies, such winding-up
been either abolished by statute or become may be either voluntary, or by the com
obsolete of themselves. The Statute of pulsory order of, or under the supervision
Frauds ( with a limited exception, since of, the Court of Chancery , which Court
abolished, as regards nuncupative wills) acts in the matter of the winding-up of
required writing to the validity of a will of companies under the provisions of the sta
personal estate, but did not require any tutes 25 & 26 Vict. c. 89 (the Companies
WINDING - UP - continued . WITCHCRAFT — continued .

Act, 1862) and 30 & 31 Vict. c. 131 (the future to be carried on ; but the PRETENCE
Companies Act, 1867). When an order of witchcraft is made a misdemeanour
has been made for the compulsory winding punishable with a year's imprisonment and
up of a company, and even in the case of a hard labour .
voluntary winding -up , the Court of Chan WITENAGEMOTE . An assembly of
cery will stay actions by creditors against wise men , used distinctively to denote the
the company ( In re Keynsham Company, Parliament of Anglo - Saxon times . It
33 Beav. 123 ; In re Life Association of exercised the power of electing to the
England, 34 L. J. (Ch .) 61 ). A winding Crown , and could also depose the reigning
up is usually carried out by means of a sovereign. Besides its executive functions,
liquidator, who (as the name denotes ) it possessed also large judicial and also
liquidates, i.e., ascertains, the assets and legislative powers. Upon the Conquest it
liabilities of the company, with a view to became the Curia Regis, and is now repre
E the discharge of the latter by the former, sented by the High Court of Parliament.
so far as they go ( Buckley on the Com See titles COURTS OF JUSTICE ; PARLIA
f
panies Acts) . MENT.
See titles CONTRIBUTORIES ; LIMITED WITHDRAWAL OF ACTION. An action
LIABILITY .
when entered for trial may be withdrawn
WINDING -UP, COMMENCEMENT OF. by the consent in writing of all parties
Where the winding - up is compulsory, it is (Order xxIII ., 2a) . A plaintiff may also
deemed to commence at the time of the withdraw the entire action or any part
presentation of the petition for the winding thereof, sometimes with leave and upon
up ( Companies Act, 1862, s. 81) ; where terms only, sometimes without leave.
the winding -up is voluntary, it is deemed See title DISCONTINUANCE OF ACTION .
to commence at the time of the passing of
the resolution to wind up ( Companies Act, WITHERNAM : See title CAPIAS IN
1862, s. 130) ; and where the winding -up is WITHERNAM .
voluntary, but subject to supervision , its WITHOUT DAY : See title SINE DIE.
date of commencement as a voluntary
winding -up appears to remain unchanged WITHOUT PREJUDICE : See title Evi
( Companies Act, 1862, ss. 147-151 ). Even DENCE , sub-title Admissions.
unregistered companies may be wound up, WITNESSES. These are a means or
but only by compulsory order, and provided
they are not illegal, as e.g., violating the instrument of evidence, and are persons
Companies Acts in their very constitution who inform the tribunals regarding matters
( Re South Wales Atlantic Steamship Com of fact. Generally, all persons are com
pany, 2 Ch . Div . 763 ). pellable to give evidence excepting only the
WINDING - UP ORDER .
sovereign ; but witnesses may object to
The order di answer particular questions, being chiefly
recting a company to be wound up is so questions which tend to criminate or to
called . expose to penalties or forfeitures, but not
See title WINDING -UP . (unless where the judge interposes) ques
WINDING -UP UNDER SUPERVISION : tions tending to bring the witness into
See title SUPERVISION, WINDING -UP UNDER. disgrace or ridicule, or to render him liable
WINDING -UP , VOLUNTARY : See titles to merely civil proceedings.
A distinction is taken between the com
WINDING-UP, COMMENCEMENT OF ; WIND petency and the credibility of witnesses,
ING- UP .
the former determining absolutely the ad
WINDOW : See title ACCESS OF LIGHT. mission or rejection of their evidence, the
WITCHCRAFT. A practice for which latter going to corroborate or to impugn its
in former times persons might have been , truthfulness. At the present day, all ob
and often were, condemned to death, even jections to witnesses (with one exception )
upon their own confession ( Best on Evi go to the credibility of their testimony and
dence, Criminal Confessions). The rule of not to their competency, the stats . 14 &
the Mosaic Law was, - " Thou shalt not 15 Vict. c. 99, and 32 & 33 Vict. c. 68,
suffer a witch to live :" and the Civil Law having rendered even the parties to an
also punished with death sorcerers and action of whatever sort competent and also
1 witches. By the English Law, witchcraft compellable to give their testimony. The
was at one time (under 33 Hen . 8, c. 8) one exception referred to , is that in criminal
a felony without benetit of clergy - a proceedings a husband is not compellable
severity continued in the Act 1 Jac. 1 , c. to give evidence against his wife, or the
12 ; but at the present day under the wife against her husband , these twain being
stats . 9 Geo. 2, c. 5, and 56 Geo . 3, c. one flesh .
138, no prosecution for witchcraft is for the See title COMPETENCY OF WITNESSES.
2
WITNESSES continued . WORKS AND BUILDINGS continued .
However, for various reasons a person particular statutes for the management of
may not be competent to take an oath, and Her Majesty's public works and buildings
therefore may never fall under the category are (in effect) amalgamated in one cor
of witness at all, so that neither the ques poration , viz., that created by the stat. 14
tion of his competency nor that of his & 15 Vict. c. 42.
credibility may come into question . Thus, WORKHOUSES : See title POOR .
from want of understanding, whether innate
deficiency (as in the case of idiots) or ex WORKSHOPS : See title FACTORIES.
treme immaturity (as in the case of chil WORKMEN. Regarding the wages of
dren of very tender years ), or, semble, workmen , see titles TRUCK ACT and WAGES ;
atheism, a person is incompetent to take and regarding their contracts, see titles
an oath , and is therefore excepted from the MASTER AND SERVANT and SERVICE, CON
class of witness, excepting that an atheist TRACTS OF ; and regarding the legality of
may now make a solemn affirmation, and a their combinations to regulate labour, see
child may on examination on the voir dire title TRADES-UNIONS; and regarding illegal
be found to be conscious of the sanctity of acts by workmen towards their fellow
an oath . workmen , to coerce either them or their
The principal grounds for suspecting the masters, see title MOLESTATION.
credibility of a witness (as distinguished WRECK . Such goods as after a ship
from his competency) are pecuniary in wreck are cast up by the sea and left there
terest, sexual relationship, social connec within some county. By the Common Law
tions, self-regarding sentiments, and the all wrecks belonged to the Crown ; but it
feeling of sympathy with others. was usual to seize wrecks to the king's use
Usually the method of dealing with only when no owner could be found . The
witnesses is for the party on whose behalf Common Law was modified by statute in
they are called to examine them in chief, the reign of Henry I., who granted that if
then for the opposite party to cross-examine any person escaped alive out of the ship it
them , and finally for thechief examiner to should be no wreck ; and afterwards by the
re -examine them . The object of the exami Statute of Westminster the First (3 Edw. 1 )
nation -in -chief is to obtain facts in support c. 4, if a man or a dog or a cat escape
of the case of the plaintiff'; the object of alive the goods shall be no wreck , but the
the cross-examination is to impugn or sheriff shall keep the same (or, if perishable ,
throw discredit upon that first examination ; their value) for a year and a day, in order
and the object of the re-examination is to to restore them to the rightful owner, or his
undo the prejudice which may so have representatives upon establishing theirclaim
been occasioned by the cross-examination. to them. And by the statute 27 Edw . 3,
See titles EVIDENCE ; Onus PROBANDI; c. 13, if a ship is lost on the shore and the
PRIVILEGE OF WITNESSES ; &c. goods come to land, they are to be at once
WOODS AND FORESTS . The Commis returned to the owners, they paying a
sioners of Woods and Forests have been reasonable reward for their salvage. By
appointed for the management of Crown the stat. 7 & 8 Geo. 4, c. 29, plundering
lands under the stat. 10 Geo. 4, c. 50, and any vessel in distress or wrecked is made
subject always to the control of the Trea felony punishable with death. If for a
sury. But the Board of Trade have re year and a day no one claims wreck, it
ceived under the stat. 29 & 30 Vict. c. 62, still belongs to the king as before.
a large part of such management. See also titles FLOTSAM ; JETSAM ;
See title Crown LEASES. Salvage.
WORK DONE : See title WORK AND WRITS. In general, a writ is the king's
LABOUR . precept in writing under seal issuing out
WORK AND LABOUR . A contract for of some Court and commanding something
work and labour properly so called is not a to be done touching a suit or action, or
contract for goods within the 17th section giving coinmission to have it done (Les
of the Statute of Frauds; but it is so when Termes de la Ley).
it amounts in effect to a sale or purchase of Writs in civil actionswere either original
goods, e.g., a contract with an artist or or judicial. Original writs issued out of
sculptor for a work of art. the Court of Chancery for summoning a
defendant to appear, and were granted
WORKS, ACCOMMODATION : See title before the suit was begun, to begin the
ACCOMMODATION WORKS. same, whence the name; judicial writs
WORKS AND BUILDINGS. By the issued out of the Court where the original
Works and Public Buildings Act, 1874 (37 was returned after the suit was begun.
& 38 Vict . c. 84 ), the various commissions The original bore date in the name of the
or corporations theretofore existing under king, the judicial in the name of the judge.
WRITS — continued . WRIT OF RIGHT - continued .

Another division of writs was into real, such limit was fixed by the Statute of
personal, and mixed ; the real concerning Westminster the First ( 3 Edw. 1 ), c. 39,
the possession of land, and being either from the time of Richard I.; and after
writs of entry or writs of right, the personal wards by the stat. 32 Hen. 8, c. 2 , seisin in
concerning goods, chattels, and personal a writ of right was to be alleged within
injuries, and the mixed partaking of the sixty years.
nature of both . Again , writs concerning By the stats. 3 & 4 Will. 4, c. 27, s. 36,
the possession of land were either possessory, and C. L. P. Act, 1860, s. 26, all writs of
3 of a man's own possession, or ancestral, of right and writs in the nature thereof were
the seisin and possession of his ancestor as abolished ; and the extreme limit of time
well. Writs also commonly bore some for bringing an action for the recovery of
special name or addition descriptive of land is that fixed for the merely possessory
their particular purpose, e.g., writ of assis action (which is now the only remedy),
tance, of inquiry, ofcapias, & c. viz., the period limited by the stats. 3 & 4
Writs original were abolished ( 1 & 2 Vict. Will. 4, c. 27, and 37 & 38 Vict. c . 57.
c. 110) ; also , all the real and mixed writs See title LIMITATION OF ACTIONS.
bave been abolished (3 & 4 Vict . c. 17 ; WRIT OF RIGHT OF ADVOWSON : See
C. L. P. Act, 1860) ; and ejectment itself titles QUARE IMPEDIT ; SPOLIATION ; USUR
even is now commenced by an ordinary PATION OF ADVOwson .
writ of summons, tested in the name of the
WRIT OF RIGHT OF DOWER : See
Lord Chancellor.
See title WRIT OF SUMMONS. title DoWER,
WRIT DU CURSU : See title De CURSU WRIT OF RIGHT OF WARD : See titles
WARD ; WARDSHIP.
PROCEEDINGS .
WRIT OF ENQUIRY : See title INQUIRY, WRIT, SERVICE OF : See title Service
WRIT OF.
OF WRITS, &o.
WRIT OF ERROR : See title ERROR. WRIT OF SUMMONS. An action in
the High Court of Justice is commenced
WRIT OF EXECUTION : See title ExE with the issue of a writ of summons . The
CUTION, WRIT OF. writ in the case of Chancery matters was
WRIT, ISSUE OF : See title ISSUE OF issued from the Record and Writ Clerk's
WRIT. Office, Chancery , and in the case of
WRIT OF RIGHT. This was a writ Common Law matters was issued from the
which lay for a man who had the right of Queen’s Bench , Common Pleas, or Es
property against another man who had the chequer Division Office, as the case might
right of possession and was in possession be, and now in all cases from the Central
1 under such right. This severance of the Office, upon payment of 108. , an adhesive
two rights arose in three cases chiefly : stamp for that amount being affixed to the
(1.) Upon discontinuance by tenant in writ, and the seal of the office being then
tail ;
impressed upon the writ. The writ is
(2.) After judgment in a possessory tested (i.e., witnessed) in the name of the
action ; and Lord Chancellor, or ( but only in the case
11
(3.) After the possessory action was of there being no Lord Chancellor) in the
barred by the Statute of Limita name of the Lord Chief Justice of England,
3 tions. and bears date the day of issue (Order 11.,
The writ of right properly lay only to re 8). The plaintiff takes the sealed writ
1 cover corporeal hereditaments for an estate (and which is called the original writ ),
in fee simple ; but there were other writs and leaves a copy of same at the office ;
said to be " in the nature of writs of right" and the copy so left is filed in the office,
available for the recovery of incorporeal and an entry of the bling is made in the
hereditaments or of lands for a less estate Cause-book, and the action is distinguished
than a fee simple estate. by the date of the current year of filing , a
In this action, the demandant alleged letter ( being the first letter of the plain
some seisin of the lands in himself , or else tiff's surname), and a number (being the
in some one under whom he claimed ; and number wbich denotes the order of the
usually the tenant in possession denied the particular writ among all the writs entered
demandant's right, which the latter was under the same letter in the same year).
thereupon required to prove ; and failing So soon as the writ is issued , the plaintiff
such proof, the demandant was perpetually should in general serve same on the de
barred of his claim , otherwise he recovered fendant or defendants at once. And there
the lands against the tenant and his heirs after the defendant or defendants appear
for ever. There was a limit to the seisin to the writ of summons, and the action
which the demandant might allege ; and proceeds in the usual way.
2 P
WRITING . This word usnally denotes YEAR AND DAY-continued.

any instrument in the nature of an agree- avoiding certain legal acts, e.g , for bring
7
ment under hand only. ing actions after entry, for making claim ,
See title AGREEMENT. for avoiding a fine, & c.
WRITTEN EVIDENCE : See title Evi See title Year, DAY, AND WASTE.
DENCE BY AFFIDAVIT . YEAR -BOOKS. Reports in a regular
WRONG : See title TORT. series from the reign of King Edward II.
inclusive to the time of Henry VIII., said
to have been taken by the prothonotaries
or chief scribes of the Court at the expense
of the Crown: they were published annu
Y. ally, whence their name.
See title REPORTS.
YARD . An enclosed space of ground YEAR, DAY, AND WASTE . It was
generally attached to a dwelling-house, and formerly a part of the kiny's prerogative
in legal contemplation impliedly included to take the profits of the lands of felops
in the word messuage, and also in the for a year and a day, and to make waste of
word house (Wms. Real Property ). the same lands unless the lord of the
YEA AND NAY. Yes and No ; accord- felon redeemed the king's waste . But the
ing to a charter of Athelstan, the people king was restricted of this right of waste
of Ripon were to be believed in all actions by Magna Charta, 9 Hen. 3, c . 22, and
or suits upon their yea and nay, without after taking the profits for a year and a
the necessity of taking any oath . day, he was to deliver them over to the
lord. This prerogative of the king was
YEAR. The year, as divided by Julius abolished altogether by the stat. 54 Geo.3,
Cæsar, consists of twelve months . It ap- c. 145, which enacted that no future at
pears that in early English times the year tainder for felony, except in cases of high
began with Christmas Day ; but as from treason or murder, should extend to the
the reign of William I , the year is desig- disinheriting of any beir, or to the preju
nated by that of the reign only. Upon the dice of the right or title of any person
Reformation of Religion the year was made other than the right or title of the offender
to begin with the 25th of March , being the himself during his life.
day of the feast of the Annunciation, but See title EscHEAT; FORFEITURE .
the year of the reign continued to be the
common mode of denoting dates until the YEAR TO YEAR TENANCIES. A
Commonwealth , when the year of our tenant from year to year has a lease for
Lord came into use ; and ultimately, by the one year certain, with a growing interest
24 Geo. 2, c. 23, it was enacted that the during every year thereafter, springing
1st of January next following the last day out of the original contract, and parcel of
of December, 1751 , should be the first day it ( Cattley v. Arnold , 1 J. & H. 651;
of the year 1752, and so on for the first day 28 L. J. Ch. 352). This tenancy may be
of every succeeding year ; and that the either expressly created , by letting pre
then next ensuing 2nd of September, 1752, mises to hold “ from year to year ; " or
should continue to be reckoned as the may arise by implication where rent is
second, but the next succeeding day (which paid in respect of the occupation of
of right would be the third of September, premises, and with reference to a yearly
1752 ) should be reckoned as the 14th of holding ( Per Parke, B., in Braythwayte v.
September , 1752 , onitting for that time Hitchcock, 10 M. & W. 497 ). Also, where
only the eleven intermediate days. And a person has entered into possession of
all writings after the 1st of January, 1752, premises and paid rent under a void lease,
were to be dated according to the new or void agreement for a lease, he is pre
style. sumed tobe tenant from year to year upon
See titles Day ; MONTH ; TIME. such of the terms of the instrument as are
consistent with that tenancy ; the tenancy
YEAR AND DAY. This period was fixed when thus implied will cease, without
for many purposes in law. Thus, in the notice to quit, at the end of the term men
case of an estray, if the owner did not tioned in the instrument. But in the case
claim it within that time, it became the of express tenancies from year to year, a
property of the lord . So the owners of notice to quit ending with some current
wreck must claim it within a year and a
day. Death must follow upon wounding year ofofthe
length suchtenancy
notice is required
is that , and the
prescribed by
within a year and a day if the wounding is the express lease or agreement, and when
to be indicted as murder. Also, a year there is no express agreement upon the
and a day was given for prosecuting or point, then it used to be six months, but
YEAR TO YEAR TENANCIES - contd . YOUNG'S CASE. A case in 33 Hen . 6,

under the Agricultural Holdings Act , in which freedom of speech as a privilege
1875, it is one full year. of Parliament was questioned ,
See titles FREEDOM OF SPEECH ; PRI
YEARS, LEASES FOR : See titles LEASE ; VILEGE OF PARLIAMENT.
LANDLORD AND TENANT.
YULE . A north country word for
YEOMAN . A grade of society next in Christmas. The word is still in common
order to that of gentleman (6 Ric. 2, c. 4, use in Scotland, and is part of the local
and 20 Ric. 2, c. 1 ). The word etymologi dialect.
cally means a man or a common man, i.e.,
commoner .
Yeoman also designates an officer of the Z.
Queen's household, holding a middle place
between serjeant and groom. Also, there ZEALOT. This word is commonly
are yeomen of the Queen's guard , being a taken in a bad sense, as denoting a
body of soldiers first established in the separatist from the Church of England,
reign of Henry VIII. or a fanatic .
YEOMANRY : See title Army, sub -title ZEALOUS WITNESS. When a witness
VOLUNTEERS.
is over-zealous on behalf of his party, the
YEOMEN OF THE GUARD ; See title counsel who calls him ought to interrogate
YEOMAN. him with an appearance of indifference, to
YEOMEN OF THE HOUSEHOLD : See repress the witness's readiness to give ovi
title YEOMAN . dence ,and to prevent him from diminishing
YEW . A tree of which bows were com
the effect or weight of his testimony; and
he ought to dismiss him so soon as he has
monly made for warfare ; whence the tree obtained all the evidence that he wants
! was commonly planted in the churchyards, from him . Of such a witness Quintilian
to ensure its protection. says, - "“ Nec nimium instare interrogationi
YEW -CLIPPINGS. For damage result. [debet), ne ad omnia respondendo testis
ing in death caused to cattle of an adjoin- fidem suam minuat ; sed in tantum evocare
ing owner by the yew -clippings of his eum , quantum sumere ex uno satis sit ”
neighbour, the latter was held not to be ( Best's Evidence, 819). Over -zeal in a
liable, as for a tort resulting from negli- witness is clearly a matter affecting his
gence, no duty being shewn to take care trustworthiness (Tayl. Evid . p . 70).
3 of the clippings ( Erskine v. Adeune, L. R. See title ExaMINATION OF WITNESSES.
3 8 Ch . App. 756; Wilson v. Newberry, ZOLLVEREIN . Is the name of the
L. R. Q. B. 31). Secus, where there is such trade-league constituted by twenty - five of
a duty. the states of the German Empire, until
YIELDING AND PAYING . The phrase recently of the German Confederation,
which commonly expresses the reservation It comprises the kingiloms of Prussia ,
of rent in a deed of lease. Bavaria, Saxony, Hanover, and Wurtem
See titles RENT; RESERVATION . berg, together with one electorate (Hesse ),
YORK . Lands in any of the three three grand duchies, seven duchies, seven
principalities, one landgraviate, and the
ridings require to be registered, under the city of Frankfort-on -the-Main. These
statutes 2 & 3 Anne, c. 4 (West Riding), states have agreed upon a general system
6 Anne, c. 62 ( East Riding), and 8 Geo . 2 , of law with regard to commerce, the effect
6 (North Riding ). of which is to override the particular laws
See titles REGISTRY OF DEEDS ; RE of the particular states, excepting where
GISTRY OF LAND. the general law is silent. See the Conven
YOUNGER CHILD. Is a child wbo tion with regard to Letters Patent, dated
neither originally is nor ( through the the 21st of September, 1842, and ratified
death of a child or children older than the 29th of June, 1843 (Johnson's Paten
$
himself) becomes an eldest son ( Bayley's tees' Manual, p. 356 ). And see Wheaton's
Settlement, L. R. 9 Eq. 491 ; 6 Ch. App. International Law , 70, 78 (n. )
590 ; Bathurst v . Errington , 4 Ch. Div. See titles INTERNATIONAL COPYRIGHT;
251 ; 2 App. Ca. 698). INTERNATIONAL LAW .
LONDON :
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INDEX OF SUBJECTS.
PAGE PAGE
ADMIRALTY LAW COMMON LAW
Jones .
14 Indermaur . 24
Kay
Smith
17
23
COMMON
of
PLEAS DİVision,Practice
AGRICULTURAL HOLDINGS Griffith and Loveland . . 6
Brown . 26 Indermaur .
25
ARTICLED CLERKS- COMPANIES Law
See STUDENTS. Brice 16
ARTIZANS AND LABOURERS' Buckley . 17
DWELLINGS Reilly's Reports 29
Smith 39
Lloyd . 13
ASSAULTS SeeMAGISTERIAL law .
See MAGISTERIAL LAW. COMPENSATION
BALLOT ACT Browne . 19
Bushby . 33 Lloyd 13
BANKRUPTCY COMPULSORY PURCHASE
Baldwin 15 Browne . 19
Ringwood 15 CONSTABLES
Roche and Hazlitt . 9 See POLICE GUIDE.
BAR EXAMINATION JOURNAL 39 CONSTITUTIONAL LAW AND
BIBLIOGRAPHY . 40 HISTORY
BILLS OF LADING Forsyth . 12
Kay . 17 Taswell -Langmead . 21

Thomas 28
BILLS OF SALE CONTRACTS
.
Baldwin 15
Ringwood 15 Kay .
17
Roche and Hazlitt. 9 CONVEYANC ING, Practice of
BIRTHS AND DEATHS REGIS: Copinger (Title Deeds) .
45
TRATION CONVEYANCING , Precedents in
Flaxman 43 Copinger's Index to 40
CAPACITY CONVEYANCING , Principles of-
See PRIVATE INTERNATIONAL Deane 23
LAW. COPYRIGHT
CAPITAL PUNISHMENT Copinger 45
Copinger 42 CORPORATIONS
CARRIERS Brice 16
See RAILWAY LAW . Browne . 19
SHIPMASTERS . COSTS, Crown Office
CHANCERY DIVISION, Practice of Short 8
Brown's Edition of Snell .
. 22 COVENANTS FOR TITLE_
Griffith and Loveland 6 Copinger 45
Indermaur 25 CREW OFA SHIP
And See Equity. Kay .
CRIMINAL LAW 17
CHARITABLE TRUSTS
Cooke . . 10 Copinger 42
Whiteford . 20
Harris 27
Moncrciff
CHURCH AND CLERGY See MAGISTERIAL LAW .
.
42
Brice . 8
CIVIL LAW CROWN LAW
See ROMAN LAW . Forsyth . . 12
CODES Hall 30
Argles . .
32 Kels well.Langmead 35
COLLISIONS AT sia 21
Kay .. .
17 Thomas . 28
COLONIAL LAW_ * CROWN PRACTICE
Cape Colony . .
38 Corner . 10
Forsyth . 12 CUSTOM AND USAGE
goo
New Zealand Jurist. 18 Browne . 19

New Zealand Statutes 18 Mayne 38
STEVENS & HAYNES, BELL YARD, TEMPLE BAR . 3
INDEX OF SUBJECTS- continued .

PAGE
CUSTOMS PAGE GAME LAWS
See MAGISTERIAL LAW. Locke . 32
DAMAGES See MAGISTERIAL LAW .
1 Mayne 31 HACKNEY CARRIAGES
‫ܪ܂‬ DECRÉES AND ORDERS See MAGISTERIAL LAW .
Pemberton . 41 HINDU LAW
DICTIONARIES Coghlan 28
il Brown 26
Cunningham • . 38
DIGESTS Mayne 38
Law Magazine Quarterly Digest . 37 Michell . .
44
Indian Jurist 38
HISTORY
Menzies Digest of Cape Reports 38 Braithwaite , . 41
DISCOVERY AND INTERROGA. 21
TORIE S and Loveland's Edition of Taswell-Langmead
Griffith HYPOTHECATION
1 6 Kay . 17
the Judicature Acts .
INDEX TO PRECEDENTS
DOMICIL
See PRIVATE INTERNATIONAL Copinger 40
LAW. INDIA
DUTCH LAW 38 See HINDU LAW.
19 ECCLESIASTICAL Law INFANTS
Brice . .
8 Simpson . 43
Smith . 23 INJUNCTIONS II
113
EDUCATION Acts JoyceUTE OF THE LAW
INSTIT
.
See MAGISTERIAL LAW.

Brown's Law Dictionary . 26
ELECTION LAW & PETITIONS
33 INTERNATIONAL LAW
Bushby . .
Clarke . 44
Hardcastle , 33
36
O'Malley and Hardcastle . 33 Foote
Law Magazine. 37
EQUITY INTERROGATORIES AND DIS
Choyce Cases . 35
6 Pemberton 32 and 41 COVERY
22 Griffith and Loveland's Edition of
Snell 6
EVIDENCE
the Judicature Acts .
See USAGES AND CUSTOMS . INTOXICATING LIQUORS
See MAGISTERIAL LAW.
EXAMINATION OF STUDENTS 39 JOINT STOCK COMPANIES
Bar Examination Journal
Indermaur .
24 and 25 See COMPANIES .
EXCHEQUER DIVISION, Practice of JUDGMENTS AND ORDERS
6 Pemberton . 41
Griffith and Loveland .
#
Indermaur
25 JUDICATURE ACTS
Cunningham and Mattinson 7
EXTRADITION Griffith 6
Clarke 44 Indermaur 25
See MAGISTERIAL LAW . JURISPRUDENCE
6 FACTORIES I2
th
Forsy 'S
See MAGISTERIAL LAW . JUSTIN IAN . INSTITUTES-
FISHERIES Campbell .
.
47
See MAGISTERIAL LAW . Harris 20
FIXTURES LANDS Clauses consolida :

Brown . 26 TION ACT
FOREIGN LAW Lloyd .
13
Argles 32 LARCENY
Dutch Law 38 See MAGISTERIAL LAW.
Foote 36 LAW DICTIONARY
Brown 26
Harris 47
FORGERY
See MAGISTERIAL LAW .
LAW MAGAZINE & REVIEW : 37
LEADING CASES
FRAUDULENT CONVEYANCES Common Law . 25
Constitutional Law 28
May 29
GAIUS INSTITUTES_ Equity and Conveyancing . .
25
20
Harris 20 Hindu Law . .
b 2
4 STEVENS & HAYNES, BELL YARD , TEMPLE BAR.
INDEX OF SUBJECTS- continued .
LEADING STATUTES PAGE

PARLIAMENT PAGE
Thomas .
LEASES 28 Taswell-Langniead . . 21
Thomas
Copinger PARLIAMENTARY PRACTICE 28
LEGACY AND SUCCESSION 45
Browne .
Hanson . Smethurst 19
IO
LEGITIMACY AND MARRIAGE .
18
PARTITION
See PRIVATE INTERNA.
TIONAL LAW. Walker
PASSENGERS 43
LICENSES
See MAGISTERIAL LAW . See MAGISTERIAL LAW.
LIFE ASSURANCE 97 RAILWAY LAW.
Buckley . PASSENGERS AT SEA

Reilly 29
.
29 Kay . .
LIMITATION OF ACTIONS PAWNBROKERS 17 .
Banning See MAGISTERIAL LAW.

LIQUIDATION with CREDITORS 42
PERSONATION AND IDENTITY
Baldwin .
15 Moriarty
Ringwood 15 PILOTS 14
Roche and Hazlitt .
And see BANKRUPTCY. Kay .
.
LLOYD'S BONDS POLICE GUIDE 17

MAGISTERIAL LAW .
14 Greenwood and Martin
Greenwood and Martin POLLUTION OF RIVERS .
46
MALICIOUS INJURIES 46 Higgins . .
See MAGISTERIAL LAW. PRACTICE BOOKS 30

MARRIAGE and LEGITIMACY Bankruptcy
Foote Companies Law 9 and 15
.
MARRIED WOMEN'S PRO . 36 Compensation 29 and 39

.
13
PERTY ACTS Compu lsory Purchase .
Conveya
Walker's Edition of Griffith . ncing .
19
40 Damages 45
MASTER AND SERVANT Ecclesiastical Law . 35
See SHIPMASTERS & SEA . Election Petitions . 8
MEN. Equity .
33
MASTERS AND SERVANTS 22 and 32
High Court of Justice :. 6 and 25
See MAGISTERIAL LAW. Injunctions
Nam
MERCANTILE LAW II
Judicature Acts. 6 and 25
See SHIPMASTERS & SEA
.
32 Magisterial .
46
MEN. Pleading, Precedents of 7
„ STOPPAGE IN TRANSITU. Privy Council
MERCHANDISE MARKS Railways 44
Railway Commission 14
Daniel
42 Rating 19
MINES 19
Harris Supreme Court of Judicature
See MAGISTERIAL LAW . 47 6 and 25
PRECEDENTS OF PLEADING
MORTMAIN Cunningham and Mattinson .
See CHARITABLE TRUSTS. PRIMOGENITURE 7
NATIONALITY Lloyd
See PRIVATE INTERNA. PRINCIPLES . .
15
TIONAL LAW .
NEGLIGENCE
Brice (Corporations) 16
Browne ( Rating) .
Campbell : .
40
Deane (Conveyancing) 19
NEW ZEALAND Harris (Criminal Law ) 23
Jurist Journal and Reports Houston (Mercantile) . 27
Statutes 18 Indermaur ( Common Law ) 32
OBLIGATIONS .
18 Joyce ( Injunctions) 24
II
Brown's Savigny . .
Ringwood ( Bankruptcyì
. 20
Snell (Equity) : 15
22
5
STEVENS & HAYNES, BELL YARD, TEMPLE BAR .
INDEX OF SUBJECTS continued .

PAGE
PAGE
SANITARY ACTS
PRIORITY - 32 See MAGISTERIAL LAW .
Robinson .
SCOTLAND , LAWS OF
PRIVATE INTERNATIONAL Robertson . . 41
LAW SEA SHORE
Foote 36 30
Hall .
PRIVY COUNCIL SHIPMASTERS AND SEAMEN
Michell . 44 17
Kay .
PROBATE SOCIETIES
1ο
Hanson . See CORPORATIONS .
PUBLIC WORSHIP STAGE CARRIAGES
Brice
8 See MAGISTERIAL LAW.
QUEEN'S BENCH DIVISION, Practice STAMP DUTIES
40 and 45
Copinger
of
Griffith and Loveland . 6 STATUTE OF LIMITATIONS_ *
Indermaur . 25 Banning 42
QUESTIONS FOR STUDENTS STATUTES
9828
Indermaur .
25 Hardcastle
18
Bar Examination Journal. 39 New Zealand
I2
RAILWAYS Revised Edition
Browne . 19 Thomas
Godefroi and Shortt . .
14 STOPPAGE IN TRANSITU.
B 以切
Goodeve . . . .
29 Houston .
32
17
Lloyd .
13 Kay
EN. TS' Books 20—28, 39 , 47
SeeMAGISTERIAL LAW STUD
RATING SUCCESSION DUTIES ,
。
. IO
Browne 19 Hanson .
REAL PROPERTY SUCCESSION LAWS
23 13
Deane
SUPLloyd
.
REFEREES COURT REME COURT OF JUDICA:

Smethurst 18 TURE , Practice of ,
REGISTRATION OF BIRTHS Cunningham and Mattinson . . 7
Griffith and Loveland .
AND DEATHS Indermaur . 25
Flaxman 43
TELEGRAPHS
REMINISCENCE See MAGISTERIAL LAW .
Braithwaite . 41 TITLE DEEDS
REPORTS 45
Bellewe . 34 Copinger
TOWNS IMPROVEMENTS
Brooke 35 See MAGISTERIAL LAW.
Choyce Cases 35
Cooke .
35 TRADE MARKS
34 Daniel 42
Cunningham
Election Petitions 33 TREASON
32 Kelyng 35
Finlason 21
Gibbs, Case of Lord Henry Sey: Taswell-Langmead
IO TRIALS
mour's Will
Kelyng , John 35 Queen v. Gurney . 32
Kelynge, William .
35 ULTRA VIRES
18 16
New Zealand Jurist Brice .
Reilly . 29 USAGES AND CUSTOMS

Shower ( Cases in Parliament) 34 Browne . 19
RITUAL Mayne 38
Brice 8 VOLUNTARY CONVEYANCES
ROMAN LAW May . 29
Brown's Analysis of Savigny . .
20 WATER COURSES
Campbell 47 Higgins 30
20
Harris WILLS , CONSTRUCTION OF
SALVAGE Gibbs, Report of Wallacev.
10
Jones .
14 Attorney -General
Kay . .
17
6 STEVENS & HAYNES, BELL YARD, TEMPLE BAR
In one thick volume, Svo ., price 305., cloth lettered,

THE
SUPREME COURT OF JUDICATURE ACTS

1873, 1875 & 1877 :
THE APPELLATE JURISDICTION ACT, 1876 ,

AND
THE RULES, ORDERS, AND COSTS THEREUNDER :

EDITED WITH NOTES , REFERENCES , AND A COPIOUS
ANALYTICAL INDEX.
Second Edition .
EMBODYING ALL THE REPORTED CASES TO MICHAELMAS SITTINGS, 1877,

AND A TIME TABLE,
BY
WILLIAM DOWNES GRIFFITH,

Of the Inner Temple, Barrister -at-Law and a Judge of County Courts ;
Author of “ Griffith's Bankruptcy,” &c.
AND
RICHARD LOVELAND LOVELAND,

Of the Inner Temple, Barrister-at-Law ; Editor of “ Kelyng's Crown Cases,»
“ Shower's Cases in Parliament,” and “ Hall's Essay on the Rights of the
(
Crown in the Seashore,” &c.
REVIEWS.
· Our modern reform is real,and it is certainly rank of an Excursus on a branch of Law . " - Lac
beneficent, and depending as it does much upon the Magasine and Review .
decisions of the judges, it is no small advantage “ If continued popularity should not await this
that it is so ably explained by such authors and most practical and exhaustive exposition of the
editors as Mr. Griffith and Mr. Loveland .” - The
Law Times. working of the Supreme Court of Judicature Acts
and Orders, we can only say that it will not be
" Much care and industry have been shown in because the editors have not fulfilled their aim , in
the collection of the cases and the arrangement of rendering it a sure and useful guide to the new pro
the book, and the facilities given by the mode of cedure." - Irish Law Times.
printing enable the reader to find his way readily to
any partof the Acts or Rules he may wish to con- " The authors deserve the gratitude and appre
sult." - Solicitors' Journal. ciation ofthosewho consult this work, for (aswe
“ Mr. W. Downes Griffith appears to have met have often observed ) references to cited casesto all
with the success which we confidently anticipated the authorities is of the utmost consequence to
for his book when it first came out . His system of those gentlemen in the legal profession whose
annotation remains fuller than that of most of his libraries are of limited extent. This work is highly
contemporaries, and rises not unfrequently to the commendable . " --Law Journal.
“ Of the many editions of the Judicature Acts which have appeared, there is certainly none which can
be fairly compared with it. The originalportion of the work - the editorial notes - is admirably done. It
appears to embody ,as stated in the title page, ' all the reported cases to Michaelmas sittings 1877,' and
these cases are fully and clearly digested ; but in addition to the work of citation, the editors have
supplieda large amount of valuable annotation on the old rules of pleading, practice, and procedure, as
affected by the new. Wemayrefer asexamples to the Notes on Pleading, p. 254 ; Demurrer, p . 388:
Discoveryand Inspection, p . 306 ; and Change of Parties, p. 417. A cursory glance at these uotes will
satisfy any lawyer asto the value of the work. The Time- table, which contains in double column a list
of the various proceedings in an action, and a statement of the time limited in respect of each, is sure to be
appreciated by the practitioner. The Index, which extends over 164 pages, is full and completc."
New ZealandJurist.
STEVENS & HAYNES , BELL YARD , TEMPLE BAR . 7
3.1.5
In 8vo. price 28s., cloth ,
A SELECTION
OP
TOPRECEDENTS OF PLEADING
Under the Judicature Acts
IN THE COMMON LAW DIVISIONS .
Vith Notes explanatory of the different Causes of Action and Grounds of Defence ; and
an Introductory Treatise on the Present Rules and Principles of Pleading as
illustrated by the various Decisions down to the present time.
BY JOHN CUNNINGHAM ,
Of the Middle Temple, Barrister-at-Law, Author of the “ Law Relating to Parliamentary
and Municipal Elections ; " and
MILES WALKER MATTINSON ,
Of Gray's Inn, Barrister -at-Law .
REVIEWS.
IRISH LAW TIMES .

" The notes are very pertinent and satisfactory ; the introductory, chapters on the present system of
36 pleading are excellent, and be precedents will be found very useful.”
LAW JOURNAL .
“ Good pleading in the present day demands literary talent, as well as legal knowledge. The art of
composition is a rare accomplishment, even among well educated men : and so, when the pleader is
called upon to state his case with brevity and lucidity, he is fairly overwhelmed with the task. For the
sake of these incompetent writers-and they are, for obvious reasons, to be found among very learned
and very clever lawyers - we welcome the work before us. A man who is a good lawyer and a master of
the art of English composition will, perhaps, never trouble himself to use this book. He will do his
work quicker and better by mastering his case, and proceeding to state it in his own style. But the
indifferent scholars will certainly derive very great help from this volume; and we earnestly commend it
to their notice, not only for their own sakes, but also in mercy to the more delicate and fastidious eyes and
ears of literary lawyers. . . . For pupils, also, and beginners at the bar, the book will be very useful;
because these ,never having served an apprenticeship to the old system, are very apt to omit allegations,
essential in certain cases to the validity of apleading. The authors of the book before us have introduced
their collection of forms to the reader by an essay on pleading underthe new rules ; and we think that a
perusal of this essay, which The
barristers and masters. . .
is written in an attractive style, would do a great deal of good both to
order of precedents is determined by their subject-matter, and the
several subjects follow according to the rule of alphabetical precedence. Inthe appendix the rules oa
pleading are collected inoneview ,andthere is a full index to the work . We think
that the authors
have'deserved well of the profession, and that they have produced a booklikely to grow in favour even
among those who at first might conceive a prejudice against a work of this kind. "
LAW MAGAZINE AND REVIEW .
“ Messrs. Cunningham and Mattinson come forward opportunely to take up ground which , since the
passing of the Judicature Acts, seems to be awaiting the first occupant. A work which, in the compass of
a single portable volume, containsa brief Treatise on the Principles and Rules of Pleading, and a care
fully annotated body of Formswhich have to a great extent gone through the entirely separate siſting
processes of Chambers, Court, and Judges' Chambers, cannot fail to be a most useful companion in the
Practitioner'sdaily routine. And readiness of reference, clearly one of the desiderata in such a book , has
been studied by the authors in their adoption of the alphabetical arrangement for the Precedents.”
SOLICITORS' JOURNAL .
"The authors of the present work state in their preface that the various pleadings which are contained
in the body of the work have, in nearly every case, been settled by counsel of standing at the bar, and
formed part of the record in cases that have been carried on up to trial, or actually tried, since the
Judicature Acts came into operation. Such pleadings, as the authors observe, possess the advantage of
having passed the adverse criticism of opposing counsel, and, in some cases, theordeal of a contest at
judges' chambers or in court. As far as we can judge, the authors haveexercised a careful and sound
judgment in their selection. The work contains atreatise on the newrules of pleading whichis well written,
but would bear compression. To most of the precedents there are notes referring to the decisionswhich
are most useful tothe pleader in connection with the particular causeofaction involved. We are disposed
10 think that this is the most valuable portion of the work. It is extremely convenient to have some work
which collects notes of this sort in connection with pleading."
In 8vo., price ros., cloth ,
THE TAXATION OF COSTS IN THE
CROWN OFFICE .
COMPRISING A COLLECTION OF
Bills of Costs in the various matters Taxable in that Office;

INCLUDING COSTS UPON THE
PROSECUTION OF FRAUDULENT BANKRUPTS,
AND ON APPEALS FROM INFERIOR COURTS ;
TOGETHER WITH
A TABLE OF COURT FEES,
AND A SCALE OF COSTS USUALLY ALLOWED TO SOLICITORS ON
THE TAXATION OF COSTS
ON THE CROWN SIDE OF THE QUEEN'S BENCH DIVISION OF THE HIGH
COURT OF JUSTICE.
BY FREDK. H. SHORT,
CHIEF CLERK IN THE CROWN OFFICE .
" This is decidedly a useful work on the subject of those costs which are liable to be taxed before the
Queen's Coroner and Attorney (for which latter name that of Solicitog' might now well be substituted ),
or before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing
costs for taxation in the Crown Office , or when taxing an opponent's costs. Country solicitors will find
the scale relating to bankruptcy prosecutionsof especial use, as such costs are taxed in the Crown Office .
The ' general observations' constitute a useful feature in this manual. " - Law Times.
“ This book contains a collection of bills of costs in the various matters taxable in the Crown Office.
When we point out that the only scaleof costs available for the use of the generalbody of solicitors is that
published in Mr. Corner's book on " Crown Practice' in 1844, wehave said quite enough to prove the
utility of the work before us.
In them Mr. Short dealswith ' Perusals,' ' Copies for Use,' Affidavits,''Agency,' ' Correspondence,'
* Close Copies.' Counsel," • Affidavit of Increase, andkindred matters ; and adds some useful remarks
on taxation of ' Costs in Bankruptcy Prosecutions,' ' Quo Warranto ,' Mandamus,' ' Indictments,'
and ' Rules.'
“ We have rarely seen a work of this character better executed, and we feel sure that it will be
thoroughly appreciated ." - Law Journal.
“ The recent revision of the old scale of costs in the Crown Office renders the appearance of this work
particularly opportune, andit cannot fail to be welcomed by practitioners. Mr. Shortgives, in the first
place, a scale of costs usually allowed to Solicitors on the taxation of costs in the Crown Office, and
These are well arranged and clearly printed ." - Solicitors' Journal.
then bills of costs in various matters .
In one volume, 8vo., price 28s., cloth,

THE LAW RELATING TO PUBLIC WORSHIP ; WITH SPECIAL REFERENCE TO
Matters of Ritual and Drnamentation,

AND THE MEANS OF SECURING THE DUE OBSERVANCE THEREOF,
AND CONTAINING IN EXTENSO ,
WITH NOTES AND REFERENCES,

THE PUBLIC WORSHIP REGULATION ACT, 1874 ; THE
CHURCH DISCIPLINE ACT ; THE VARIOUS ACTS OF
UNIFORMITY ; THE LITURGIES OF 1549, 1552, AND 1559,
COMPARED WITH THE PRESENT RUBRIC ;
THE CANONS ; THE ARTICLES ;
AND THE
INJUNCTIONS, ADVERTISEMENTS, AND OTHER ORIGINAL

DOCUMENTS OF LEGAL AUTHORITY .
By SEWARD BRICE , LL.D. ,
OF THE INNER TEMPLE, BARRISTER -AT-LAW .
“ To the vast number of people who in various ways are interested in the
workingof the Act, Mr. Brice's volume cannot fail to be welcome. It is well
conceived and carefully executed .” — THE TIMES.
In one volume, 8vo., 1879, price 20s., cloth,
A TREATISE
ON THE RULES WHICH GOVERN
:THE CONSTRUCTION AND EFFECT

OF
STATUTORY LAW .
WITH AN APPENDIX
Of certain Words and Expressions used in Statutes, which have been
Judicially or Statutably construed.
BY HENRY HARDCASTLE,
OF THE INNER TEMPLE, BARRISTER - AT - LAW .
Editor of“ Bushby's Election Law ," " Hardcastle's Election Petitions,"
and Joint- Editor of “ Election Petition Reports.”
“ A vast amount of information will be found in its pages-much of it arranged so as
to be got at without much difficulty. The chapters and sections being headed with lines
of indication. We can only hope Mr. Hardcastle will receive that measure of success
to which the amount of labour which he has evidently bestowed upon the work entitles
him ." - Law Times.
“ Its method and object are excellent, and it appears to be the fruit of much careful
study .” — Daily News.
In one thick volume, 8vo. , 1873, price 305., cloth ,
THE LAW AND PRACTICE IN BANKRUPTCY ;

Comprising the Bankruptcy Act, 1869 ; the Debtors Act, 1869 ; the Insolvent Debtors
and Bankruptcy Repeal Act, 1869 ; together with the General Rules and Orders
in Bankruptcy, at Common Law and in the County Courts ;
With the Practice on Procedure to Adjudication , Procedure
to Liquidation, Procedure to Composition, and Procedure
under Debtors' Summons, Scales of Costs and
of Allowance to Witnesses.
Copious Notes, References, and a very full Index. Second Edition. By Henry Philip
Roche and WILLIAM HAZLITT, Barristers-at-Law, and Registrars of the Court
of Bankruptcy .
10 STEVENS & HAYNES, BELL YARD , TEMPLE BAR .
Third Edition, in 8vo., 1876, price 255., cloth,
THE ACTS RELATING TO
PROBATE, LEGACY, AND SUCCESSION DUTIES. COMPRISING THE

36 GEO. III., CAP. 52 ; 45 GEO. III., CAP. 28 ; 55 GEO. III., CAP. 184 ;
AND 16 & 17 VICT., CAP. 51 ;
WITH AN INTRODUCTION, COPIOUS NOTES, AND REFERENCES
To all the Decided Cases in England, Scotland, and Ireland ;
AN APPENDIX OF STATUTES, TABLES, AND A FULL INDEX
By ALFRED HANSON ,
OF THE MIDDLE TEMPLE, ESQ ., BARRISTER -AT-LAW ;
COMPTROLLER OF LEGACY AND SUCCESSION DUTIES.
Third Edition ,
INCORPORATING THE CASES TO MICHAELMAS SITTINGS, 1876
“ It is the only complete book upon a subject of great importance.
“ Mr. Hanson is peculiarly qualified to be theadviser at such a time. Hence a police
without a rival.” — Law Times.
“ His book is in itself a most useful one ; its author knows every in and out of the
subject, and has presented the whole in a form easily and readily handled, and with good
arrangement and clear exposition .” — Solicitors' Journal,
In royal 8vo., 1877, price ros., cloth ,
LES HOSPICES DE PARIS ET DE LONDRES.
THE CASE OF LORD HENRY SEYMOUR'S WILL

(WALLACE v. THE ATTORNEY-GENERAL ).
Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister -at -Law ,
late Fellow of Trinity College, Cambridge.
In preparation, and to be published immediately new Rules are issued ,
CORNER'S CROWN PRACTICE :
Being the Practice of the Crown Side of the Queen's Bench Division ofthe High Court
of Justice ; with an Appendix of Rules, Forms, Scale of Costs and Allowances, & c.
SECOND EDITION .
By FREDERICK H. SHORT, of the Crown Office, and R. L. LOVELAND,
of the Inner Temple, Barrister-at-Law , Editor of “ Kelyng's Crown Cases," and
“ Hall's Essay on the Rights of the Crown in the Sea Shore. "
In 8vo. , 1867, price 16s., cloth,

THE CHARITABLE TRUSTS ACTS, 1853, 1855, 1860 ;
THE CHARITY COMMISSIONERS JURISDICTION AOT, 1862 ;
THE ROMAN CATHOLIO OHARITIES AOTS :
Together with a Collection of Statutes relating to or affecting Charities, including the
Mortmain Acts, Notes of Cases from 1853 to the present time, Forms of Decla.
rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a
very copious Index. Second Edition.
By Hugh COOKE and R. G. HARWOOD , of the Charity Commission .
“ Charities are so numerous , so many persons are second edition of a collection of all the statutes that
directly or indirectly interested in them , they are so regulate them , admirably annotated by two such
much abused, and there is such a growing desire to competent editors as Messrs. Cooke qualifies
and Harwood
rectify those abuses and to call in the aid of the whose official experience peculiarly them,
commissioners for a more beneficial application of for the task . " - Law Times.
their funds and we are not surprised to receive a
In one volume, royal 8vo., 1877, price 305., cloth,
THE DOCTRINES AND PRINCIPLES OF

THE LAW OF INJUNCTIONS,.
By WILLIAM JOYCE,
OF LINCOLN'S INN, BARRISTER-AT- L A W.
" Mr. Joyce, whose learned and exhaustive work on ' The Law and Practice of Injunctions,' has
gained such a deservedly high reputation in the Profession ,now brings out a valuable companion volume
on the ' Doctrines and Principles of this important branch of the Law . In the present work the Law is
enunciated in its abstract rather than its concrete form , as few cases as possible being cited ; while at the
same time no statement of a principle is made unsupported by a decision, and for the most part the very
language of the Courts has been adhered to . Written as it is by so acknowledged a master of his subject,
and with the conscientious carefulness that might be expected from him , this work cannot fail to prove of
the greatest assistance alike to the Student — who wants to grasp principles freed from their superincum
bentdetails - and to the Practitioner, who wants to refresh his memory on points of Doctrine amidst the
oppressive details of professional work . " - Law Magazine and Review .
BY THE SAME AUTHOR ,

In two volumes, royal 8vo., 1872, price 70s., cloth ,
.
THE LAW AND PRACTICE OF INJUNCTIONS.
EMBRACING ALL THE SUBJECTS IN WHICH
COURTS OF EQUITY AND COMMON LAW

HAVE JURISDICTION.
BY WILLIAM JOYCE,
OF LINCOLN'S INN, BARRISTER - AT - LAW.
- REVIEWS
" A work which aims at being so absolutely “From these remarks it will be sufficiently per
complete, as that of Mr. Joyce upon a subject ceived what elaborate and painstaking industry, as
which is of almost perpetual recurrence in the well as legal knowledge and ability, has been
Courts, cannot fail to be a welcome offering to the necessary in the compilation of Mr. Joyce's work .
profession and, doubtless, it will be well received No labour has been spared to save the practitioner
and largely used, for it is as absolutely complete as labour, and no research has been omitted which
it aims at being. ::: . This work is, therefore , could tend towards the elucidation and exemplifi
eminently awork for the practitioner, being full of cation of the general principles of the Law and
practical utilityin every page, and every sentence, Practice of Injunctions." - Law Journal.
of it . We have to congratulate the pro
fession on this new acquisition to a digest of the “ He does not attempt to go an inch beyond that
law , and the author on his production of a work of for which he has express written authority ; he al
permanent utility and fame.” - Law Magazine lows the cases to speak, and does not speakfor them.
and Review . " The work is something more than a treatise on
the Law of Injunctions. It gives us the general
"Mr. Joyce has produced not a treatise but a law on almost every subject to which the process of
complete and compendious expositionof the Law injunction is applicable. Not only English , but
and Practice of Injunctions both in equity and com- American decisions are cited, the aggregate number
mon law . being 3,500, and the statutes cited 160, whilst the
“ Part III . is devoted to the practice of the index is, we think, the most elaborate we have ever
Courts. Contains an amount of valuable and seen - occupying nearly 200 pages. The work is
2 technical matter nowhere else collected . probably entirely exhaustive." -Law Times .
“ This work, considered either as to its 'matter or manner of execution, is no ordinary work . It is a
complete and exhaustive treatise both as to the law and the practice of granting injunctions. It must
supersede all other works on the subject. The terse statement of the practice will be found of incalculable
value. We know of no book as suuable to supply a knowledge of the law of injunctions toourcommon
law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law
and Equity Bars. Mr. Joyce's great work would be a casket withouta key unless accompanied by a good
index. His index is very full and well arranged . We feel that this work is destined to take its place
as a standard text-book, and the text-book on the particular subject of which it treats. The author
deserves great credit for the very great labour bestowed uponit. The publishers, asusual, have acquitted
themselves in a manner deserving of the high reputation they bear." - Canada Law Journal.
In one volume, royal 8vo ., price 30s ., cloth,
CASES & OPINIONS ON CONSTITUTIONAL LAW,
AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE.
Collected and Digested from Official Documents and other Sources ; with Notes. By
William FORSYTH , M.A. , M.P., Q.C., Standing Counsel to the Secretary oi
State in Council of India, Author of " Hortensius, “ History of Trial by
Jury ,” “ Life of Cicero ," etc., late Fellow of Trinity College, Cambridge.
From the CONTEMPORARY REVIEW . giance, the lex loci and the lex fori, extradid,
“ We cannot but regard with interest a book and appeals from the colonies. The volume bar
which , within moderate compass, presents us with marks of extreme care and regard to accuracy , and
the opinions or responsa of such lawyers and states- is in every respecta valuable contribution tocoast
a
men as Somers, Holt, Hardwicke, Mansfield ,and, tutional law ."
to come down to our own day,Lyndhurst, Abinger, From the LAW TIMES .
Denman, Cranworth , Campbell, St. Leonards, " This one volume of 560 pages or thereabs
Westbury, Chelmsford , Cockburn , Cairns, and the
present Lord Chancellor Hatherley. At the end of is a perfect storehouse of law not readily to
each chapter of the ' Cases and Opinions,' Mr. found elsewhere, and the more useful because it is
Forsyth has added notes of his own, containing a not abstract law , but the application of prinspo
most excellent summary of all the law bearing on to particular cases. Mr. Forsyth's plan is that i
that branch of his subject to which the 'Opinions' classification .He collects in separate chapters i
refer. Our space precludes us from dwelling variety of opinions bearing upon separate branche
upon the contents of this work at any greater of the law . Thus, the first chapter is devoted
length , but we think we have said enough to show cases on the common law , and the law applicate to
the colonies ; the second to the ecclesiastical and
that it isworthy
statesmen ofaplaceon
, and all thebook
who take an -shelves
interest ofour
in constitu relating to the colonies ; the third to the powers
and duties, civil and criminal liabilities, of govertors !
tional, or rather, national and colonial questions.” of colonies; the next to vice-admiralty jurisdictis
From the LAW MAGAZINE and LAW and piracy ; the fifth to certain prerogatives of the
REVIEW. Crown : such as lands in the colonies, grants,
" Mr. Forsyth has largely and beneficially added escheats, mines, treasure trove , royal fish, telon's
to our legal stores. His work may be regarded as in goods, writ ne exeat regno, proclamation, cessis
some sense a continuation of ' Chalmers's Opinions of territory, and creation of courts of justice; the
of Eminent Lawyers. ' .. The constitutional
sixth chapter contains opinions on martial lay and
relations between England and her colonies are courts-martial; the seventh on extra -territorial juris
becoming every day of more importance. The diction ; the eighth on the ler loci and her jeri;
work of Mr. Forsyth will do more to make these the ninth on allegiance and aliens ; and then soc
relations perfectly clear than any which has yet cessively on extradition ; on appeals from the color
appeared . Henceforth it will be the standard work nies ; on the revocation of charters ; on the Chaare
of reference in a variety of questions which are Islands ; on the nationality of a ship , and other
constantly presenting themselves for solution both matters relating to ships ; on the power of the 3
here and in our colonies . ... Questions of colonial
law by no means occupy an exclusive share of the Crown to grantexclusive rightsof trade; on Tits
of ; and; on
corpus
habeaslaw
criminal certainmiscellaneous
lastly,on to the
points relatingsubjects,
volume. Among other questions on which
.
opinions ' are given , and of which careful sum- such as the declarationof war before hostilities ; de
maries and generalisations have been added by the right of war, booty and prize, and on the grasi
Mr. Forsyth , are those relating to vice-admiralty of a marriage licence. ... This is a book to be
jurisdiction and piracy ; the prerogatives of the read, and therefore we recommend it not to al
Crown in relation to treasure trove, land in the lawyers only, but to every law student. Tbe
colonies , mines, cession of territory, &c.; the power editor's own notes are not the least valuable portion
of courts -martial, extra -territorial jurisdiction, alle- of the volume. "
THE REVISED EDITION OF THE STATUTES,

PREPARED UNDER THE DIRECTION OF THE STATUTE LAW
COMMITTEE , AND
PUBLISHED BY THE AUTHORITY OF HER MAJESTY'S GOVERNMENT.
Volume 1 .-- Henry III. to James II., 1235-1685 . £ i I o cloth .
99 2.—Will. & Mary to 10 Geo. III., 1688–1770 1 0 0
3.- 11 Geo. III. to 41 Geo. III. , 1700-1800 . 0 17 0
4. - 41 Geo. III. to 51 Geo. III., 1801-1811 . o 18 0
5. - 52 Geo. III. to 4 Geo. IV. , 1812-1823 . I 5 0
6.-5 Geo. IV. to 1 & 2 Will. IV ., 1824-1831 . 1 6 o 9
7 .--2 & 3 Will. IV. to 6 & 7 Will. IV., 1831-1836 . I TO O »
8.-7 Will. IV. & 1 Vict. to 5 & 6 Vict., 1837-1842 I 12 6 >

9. -6 & 7 Vict. to 9 & 10 Vict., 1843–1846 I II 6
10.- 10 & 11 Vict. to 13 & 14 Vict., 1847–1850 . 1 7 6
11.- 14 & 15 Vict. to 16 & 17 Vict., 1851-1853 . I 4 O 9
12. - 17 & 18 Vict. to 19 & 20 Vict., 1854-1856 . 16 o
13.- 20 Vict. to 24 & 25 Vict., 1857-1861 . I IO o
14. - 25 & 26 Vict. to 28 & 29 Vict., 1862-1865 I IO 0
15.-29 & 30 Vict. to 31 & 32 Vict., 1866–1867-8 I 10 6
* The Fifteenth Volume Completes the Edition of the REVISED STATUTES.
CHRONOLOGICAL TABLE of and INDEX to the STATUTES , to the end of the
Session of 1878. Fifth Edition, imperial 8vo., 145., cloth .
In 8vo ., price 25s., cloth,

THE LAWFOR OF COMPENSATION
LANDS , HOUSES, & c .,
Under the Lands Clauses, Railways Clauses Consolidation and Metropolitan Acts,
THE ARTIZANS & LABORERS' DWELLINGS IMPROVEMENT ACT, 1875.
WITH A FULL COLLECTION OF FORMS AND PRECEDENTS,
Fourth Edition ,
Much enlarged, with many additional Forms, including Precedents of Bills of Costs.
BY EYRE LLOYD, OF THE INNER TEMPLE, BARRISTER-AT-LAW .
“ A fourth edition of Mr. Lloyd's valuable treatise has just been published . Few branches of the law
affect so many and such important interests as that which gives to private inaividuals compensation for
property compulsorily taken for the purpose of public improvements. The questions whicharise under,
the different Acts of Parliament now in force are very numerons and difficult, and a collection of decided
cases epitomised and well arranged, as they are in Mr. Lloyd's work, cannotfail to be awelcome
addition to the library of all who are interested in landed property, whether as owners, land agents,
public officers or solicitors ." - MIDLAND COUNTIES Herald .
“ It is with much gratification that we have to satisfactory it appears to us in every point of
express our unhesitating opinion that Mr. Lloyd's view - comprehensive in its scope, exhaustive in its
treatise will prove thoroughly satisfactory to the treatment, sound in its exposition ." - Irish Law
profession, and to the public at large. Thoroughly Times.
“ In providing the legal profession with a book which contains the decisions of the Courts of Law and
Equity upon the various statutes relating to the Law of Compensation , Mr. Eyre Lloyd has long since
left all competitors in the distance, and his book may now be considered the standard work upon the
subject. The plan of Mr. Lloyd's book is generally known, and its lucidity is appreciated ; the present
quite fulfils all the promises of the preceding editions, and contains in addition to other matter a com
plete set of forms under the Artisans and Labourers Act, 1875, and specimens of Bills of Costs,which
will be found a novel feature, extremely useful to legalpractitioners." - JUSTICE OF THE PEACE.
“ The work is one of great value. It deals with of the compensation. All the statutes bearing on
a complicated and difficult branch of the law, and it the subject have been collated, all the law on the
deals with it exhaustively. It is not merely a com- subject collected , and the decisions conveniently
pilation or collection of the statutes bearing on the arranged . With this comprehensiveness of scope
subject, with occasional notes and references. is united a clear statement of principles, and prac
Raiher it may be described as a comprehensive tical handling of the points which are likely to be
treatise on , and digest of, the law relating to the contested , and especially of those in which the
compulsory acquisition and purchase of land by decisions are opposed or differently understood."
public companies and municipal and other local Local Government Chronicle.
authorities, and the different modes of assessment
In 8vo., price 7s., cloth ,
THE SUCCESSION LAWS OF
CHRISTIAN COUNTRIES, WITH SPECIAL REFERENCE TO
THE LAW OF PRIMOGENITURE AS IT EXISTS

IN ENGLAND .
BY EYRE LLOYD, B.A.,
OF THE INNER TEMPLE, BARRISTER- AT-LAW.
Author of " The Law of Compensation under the Lands Clauses Consolidation
Acts, " Eur.
“ Mr. Lloyd has given us a very useful and compendious little digest of the laws of succession which
exist at the present day in the principal States of both Europe and America ; and we should say it is a book
which not only every lawyer, but every politician and statesman , would do well to add to his library."
Pall Mall Gazette .
" Mr. Eyre Lloyd compresses into little more than eighty pages a considerable amount of matter both
valuable and interesting ; and his quotations from Diplomatic Reports by the present Lord Lytton, and
other distinguished public servants, throw a picturesque light on a narrative much of which is necessarily
dry reading . We can confidently recommend Mr. Eyre Lloyd's new work as one of great practical
utility, if, indeed, it be not unique in our language, as a book
of reference on Foreign Succession Laws.”
-Law Magasine and Review .
“Mr. Eyre Lloyd has composed a useful and interesting abstract of the laws on the subject of succes .
sion to property in Christian countries, with especial reference to the law of primogeniture in England . ”
-Saturday Review .
“ This is a very useful little handy book on foreign succession laws. It contains in an epitomised
form information which would have to be sought for through a great number or scattered authorities and
foreign law treatises, and will be found of great value to the lawyer, the writer, and the poitical
student." - Standand .
14 STEVENS & HAYNES, BELL YARD, TEMPLE BAR.
In one thick volume, 8vo., 1869, price 325., cloth,
THE LAW OF RAILWAY COMPANIES.

Comprising the Companies Clauses, the Lands Clauses, the Railways Clauses Consoli
dation Acts, the Railway Companies Act, 1867, and the Regulation of Railways
Act, 1868 ; with Notes of Cases on all the Sections, brought down to the end of
the year 1868 ; together with an Appendix giving all the other material Acts
relating to Railways, and the Standing Orders of the Houses of Lords and
Commons ; and a copious Index. By HENRY GODEFROI, of Lincoln's Inn, and
JOHN Shortt , of the Middle Temple, Barristers -at-Law .
“ The title of this book is the best possible comes a mass of matter relating to the voluntary
explanation of its contents. Here we have all the and compulsory acquisition of lands by Railway
statutes affecting Railway Companies, with the Companies, while the compensation ' cases stretch
standing orders of Parliament, in a volume exqui- over some fifty pages. So also under the third
sitely printed, and of most convenient size and statute, there are a dozen pages on the powers and
form . We have also, what in effect to the prac- duties of Railway Companies in the construction of
titioner is a complete manual of reference of all the their works, while the liability of the Companies as
decided cases on Railway Law, together with an carriers of passengers and goods is also elucidated
index of so copious and accurate a nature, as to in the most elaborate style. The ' Rating of Rail
render the discovery of every section andevery ways ' adds several pages of authorities. We
authority easy in the highest degree. . . . We find believe that we have said enough to show that this
pages of authorities ontransfer of shares; calls, book will prove to be of pre- eminent value to prac .
forfeiture of shares, ' ' sci. fa .,' ' Lloyd's bonds,' titioners, both before Parliamentary committees and
contracts by companies,' and ' dividends.' Then in the Courts of Law and Equity ." - Law Journal.
In 8vo., price 25. 6d .,

MORIARTY ON PERSONATION AND DISPUTED IDENTITY
AND THEIR TESTS.
In a handy volume, crown 8vo. , 1870, price ios. 6d ., cloth ,
THE LAW OF SALVAGE,

As administered in the High Court of Admiralty and the County Courts; with the
Principal Authorities, English and American, brought down to the present time ;
and an Appendix, containing Statutes, Forms, Table of Fees, etc. By EDWYN
JONES, of Gray's Inn, Barrister-at-Law .
This book will be of infinite service to lawyers his simplicity of style." - Liverpool Journal of
practising in the maritime law courts and to those Commerce .
engaged in shipping. In short, Mr. Jones's book " An admirable treatise on an important branch
is a complete guide, and is full of information of jurisprudence is compiled by Mr. Edwyn Jones,
upon all phases of the subject, tersely and clearly of Gray's Inn, Barrister -at-Law , who, in a compact
written. It will be quite as useful to, as it is as volume, gives usa very comprehensive statement of
much needed by, the American lawyer as the " The Lawof Salvage ,' as administered in the High
English, because the salvage laws of America and Court of Admiralty and the County Courts ; with
England are much alike, and Mr. Jones makes the principal authorities, English and American,
constant reference to American authorities. The brought down to the present time, and an Appen
book is all the more welcome because the sub clix containing statutes, forms, tables of fees, &c.
ject upon which it treats is but little understood Mr. Jones has consulted a wide range of cases,
except by a favoured few . Now , however, if in and systematised with much skill and clearness the
terested people remain ignorant it is their own leading principles deducible from numerous judg.
fault . Mr. Jones has treated a very compli ments and precedents,both here and in the United
cated and difficult subject in a simple and con . States. His work is likely to become a text-book
cise manner , and his success is conimensurate with on the law in question." - Daily News.
In 8vo., 1867, price is ., sewed,
LLOYD'S BONDS ; THEIR NATURE AND USES.

By HENRY JEFFERD TARRANT, of the Middle Temple, Barrister -at -Law .
In Octavo, 1879, price ros ., cloth ,
THE PRINCIPLES OF BANKRUPTCY.

WITH AN APPENDIX ,
CONTAINING
THE GENERAL RULES of 1870, 1871, 1873, and 1878,

Scale of Costs, and the Bills of Sale Act , 1878.
BY
RICHARD RINGWOOD , B.A. ,

Of the Middle Temple, Esq ., Barrister -at-Law ; late Scholar of Trinity College, Dublin .
“ The author of this convenient handbook sees the point upon which we insist elsewhere in regard to
the chief aim of any system of Bankrupicy Law which should deserve the title of National .
There can be no question that a sound measure of Reform is greatly needed , and would be welcomed by
all parties in the United Kingdom . Pending this amendment it is necessary to know the Law as it is,
and those who have to deal with the subject in any of its practical legal aspects will do well to consult
Mr. Ringwood's unpretending but useful volume." --- Law Magazine.
"Mr. Ringwood tells us in his preface that his work is chiefly intended for students, and it will no
doubt be useful to them . On the other hand, the principles of bankruptcy ' are not dealt with by
Mr. Ringwood in the way we expected from the title of his book, which is, in fact, the Bankruptcy Act of
1869 itself arranged - no doubt at considerable labour - in about the most convenient form in which it can
be presented to ihe student. The Table of Cases is carefully prepared , reference being made in each case
to all the contemporary law reports. Mr. Ringwood has fairly and concisely stated the new and the old
law as to bills of sale, and as to the rights of trustees in bankruptcy in connection therewith . " - Law Times.
“The above work is written by a distinguished scholar of Trinity College, Dublin. Mr. Ringwood
has chosen a most difficult and unattractive subject, but he has shown sound judgment and skill in the
manner in which he has executed his task . His book does not profess to be an exhaustive treatise on
bankruptcy law, yet in a neat and compact volumewe have a vast amount of well-digested matter. The
reader is not distracted and puzzled by baving a long list of cases Aung at him at the end of each page , as
the general effect of the law is stated in a few well-selected sentences,and a reference given to the leading
decisions only on the subject. .... An excellent index, and a table of cases, where references to four
sets of contemporary reports may be seen at a glance, show the industry and care with which the work
bas been done." --Daily Paper,
Just published, in royal 12mo., price 145., cloth,

A
CONCISE TREATISE
UPON
THE LAW OF BANKRUPTCY.

WITH AN APPENDIX,
CONTAINING
THE BANKRUPTCY ACT, 1869 ; GENERAL RULES OF 1870 ,
1871 , 1873, AND 1878 ;
Forms of 1870 and 1871 ; Scale of Costs ; the Debtors Act, 1869 ;
Debtors Act, 1878 ; and Bills of Sale Act, 1878.
BY
EDWARD T. BALDWIN , M.A.,

Of the Inner Temple, Barrister-at- Law .
THE LAW OF CORPORATIONS.

In one volume of One Thousand Pages, royal 8vo ., price 425., cloth,
A TREATISE ON THE DOCTRINE OF
ULTRA VIRES : BEING
An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of
Corporations,
AND MORE ESPECIALLY OF
JOINT STOCK COMPANIES.

SECOND EDITION .
By SEWARDOf the
BRICE , M.A. , LL.D., LONDON,
Inner Temple, Barrister -at- Law .
)
REVIEWS .
" Despite its un promising and cabalistic title , and the technical nature of its subject, it has so
recommended itself to the profession that a second edition is called for within three yearsfrom the first
publication ; and to this call Mr. Brice has responded with the present volume, the development of whick
in excess of its predecessor is remarkable even in the annals of law books. Širteen hundred new cases
have been introduced, and, instead of five hundred pages octavo, the treatise now occupies a thousand
very, much larger pages. This increase in bulk is partly due to the incorporation with the English law
on the subject of the more important American and Colonialdoctrines and decisions - a course which we
think Mr. Brice wise in adopting, since the judgments of American tribunals are constantly becoming,
more frequently quoted and more respectfully considered in our own courts, particularly on those novel
and abstruse points of law for which it is difficult tofind direct authority in English reports. In the
present speculatrve times, anything relating to Joint-Stock Companies is of public importance, andthe
points onwhich theconstitution and operationof these bodies are affected by the doctrine of Ultra Vires
arejust those which are most material to the interests of the shareholders and of the community at large.
Some of the much disputed questions in regard to corporations, on which legalopinion
is still divided, are particularly well treated. Thus with reference to the authority claimed by the
Courts to restrain corporations or individuals from applying to Parliamentfor fresh powers in breach
of their express agreements or in derogation of private rights, Mr. Brice most claborately and ably
reviews the conflicting decisions on this apparentinterference with the rights of the subject, which
threatened at one time to bring the Legislature and the Courts into
followed on the well-known case of Ashby v. White,
a collision similar to that which
Another very difficult point on which
Mr. Brice's book afjord's full and valuableinformation isas to the liability of Companies on contracts
entered into beforetheir formation by the promoters, and subsequently ratified oradopted by the Company,
The
and as to the claims ofpromoters themselves for services rendered to the inchoate Company. .
chapter on the liabilities of corporations ex delicto for fraud and other torts committed by their agents
within the region of their authority seems to us remarkably well done, reviewing as it does all the latest
and somewhat contradictory decisions on the point. . . On the whole, we consider Mr. Brice's
exhaustive work a valuable addition to the literature of the profession . - SATURDAY REVIEW .
“ The doctrine which forms the subject of Mr. book on the Law of Corporations. He hasgone
Seward Brice's elaborate and exhaustive work is a far towards effecting a Digest of that Law in its
remarkable instance of rapid growth in modern relation to the Doctrine of Ultra Vires, and the
Jurisprudence. His book, indeed , now almost con- second edition of his most careful and comprehen .
stitutes a Digest of the Law of Great Britan and sive work may be commended with equal confidence
her Colonies and of the United States on the Law to the English, the American , and the Colonial
of Corporations - a subject vast enough at home, Practitioner, as well as to the Scientific Jurist.”
but even more so beyond the Atlantic , where Cor. Law Magazine and Review ,
porations are so numerous and so powerful. Mr. " It is the law of Corporations that Mr. Brice
Seward Brice relates that he has embodied a refer
ence in the present edition to about 1600 new treats of (and treats of more fully, and at the same
cases, and expresses the hope that he has at least time more scientifically, than any work with which
referred to the chief cases .' We should think we are acquainted ) not the law of principal and
there can be few, even of the Foreign Judgments agent ; and Mr. Brice does not do his book justice
by giving it so vague a title," - Law Journal.
and Dicta , which have not found their way into his
pages. The question what is and what is not Ultra " A guide of very great value. Much information
Vires is one of very great importancein commercial on a difficult and unattractive subject has been
courtries like Great Britain and the United States. collected and arranged in a mannerwhich will be
Mr. Seward Brice has done a great service to the of great assistance to the seeker after the law on a
cause of Comparative Jurisprudence by his new point involving the powers of a company ." - Law
recension of what was from the first a unique text- Fournal. (Review of First Edition .
On this doctrine, first introduced in the Common Law Courts in East Anglian Railway Co. v.
Eastern Counties Railway Co. BriCR ON ULTRA Vires may be read with advantage." - Judgmentof
LORD JUSTICE BRamwell in the Case of Evershed v. L. & N. W. Ry. Co. (L. R., 3 Q. B. Div . 141.1
Just published, Third Edition, in royal 8vo., 1879, price 325., cloth,
THE LAW AND PRACTICE UNDER THE COMPANIES ACTS
1862, 1867, 1870, and 1877 ;
AND
| THE LIFE ASSURANCE COMPANIES ACTS,

1870 to 1872.
Containing the Statutes, with the Rules, Orders, and Forms regulating Proceedings in
the Chancery Division of the High Court of Justice, and full Notes of the
Decisions, &c., &c. By H. BURTON BUCKLEY, M.A., of Lincoln's Inn, Barrister
at-Law, and Fellow of Christ's College, Cambridge.
This work forms a complete Treatise on the Law relating to Joint Stock
Companies.
The mere arrangement of the leading cases under the successive sections of the acts, and the short
explanation of their effect, are of great use in saving much valuable time, which would be otherwise spent
in searching the different digests ; but the careful manner in which Mr. Buckley has annotated the acts,
and placed the cases referred to under distinct headings, renders his work particularly useful to all who
are required to advise in the complications in which the shareholders and creditors of companies frequently
find themselves involved . ... The Index , always an important part of a law book , is full and well
arranged ." - Scottish Journal of Jurisprudence,
In two volumes, royal 8vo., price 70s., cloth ,
Τ
THE LAW
RELATING TO
SHIPMASTERS AND SEAMEN .

THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS,
LIABILITIES AND REMEDIES.
BY JOSEPH KAY, Esq., M.A., Q.C. ,

OF TRIN. COLL. CAMBRIDGE , AND OF THE NORTHERN CIRCUIT ;
SOLICITOR -GENERAL OF THE COUNTY PALATINE OF DURHAM ; ONE OF THE JUDGES OF THE COURT OF
RECORD FOR THE HUNDRED OF SALFORD ;
10
AND AUTHOR OF THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE
IN ENGLAND AND EUROPE ."
REVIEWS OF THE WORK .

From the NAUTICAL MAGAZINE, July, 1875.
“ It is rarely that we find a book fulfilling the interest to the public generally, written as it is in a
requirements of both classes ; full and precise clear and interesting style, and treating of a subject
enough for the lawyer, and at the same time intelli- of such vast importance as the rights and liabilities
gible to the non-legal understanding. Yet the two and relative duties of all, passengers included , who
volumes by Mr. Kay on the law relating to ship- venture upon the ocean ; more than that, we think
masters and seamen will, we venture to say, be of that any able -seaman might read that chapter on !
equal service to the captain , the lawyer, and the the crew with the certainty of acquiring a clearer
Consul, in their respective capacities, and even of notion of his own position on board ship.
á
1
! 18 STEVENS & HAYNES, BELL YARD , TEMPLE BAR .
THE LAW RELATING TO SHIPMASTERS AND SEAMEN.

REVIEWS OF THE WORK continued
“ We can make no charge of redundancy or subject of the delivery of good.s by the master given
omission against our author ; but if we were called priority over that of bills of lading ; the logical
upon to select any one out of the fifteen parts into sequence, however, of these matters was evidently
which the two volumes are divided as being espe- sacrificed , and we think with advantage to the
cially valuable, we should not hesitate to choose author's desire for unity in his above-mentioned
that numbered three, and entitled “ The Voyage .' chapters on ' The Voyage.' That this is so is evi
There the master will find a succinct and compen- denced by the fact that after his seventh chapter
dious statement of the law respecting his duties, on the latter subject he has left a blank chapter
general and particular, with regard to the ship and with the heading of the former and a reference
its fieight from the moment when , on taking com . ante . " The power of the master to bind the owner
mand , he is bound to look to the seaworthiness of by his personal contracts ,? ' Hypothecation ,' and
the ship, and to the delivery of her log at the final ' The Crew ,' formthe remainder of the contents of
port of destination. In Part IV . his duties are the first volume, of which we should be glad to have
considered with respect to the cargo , this being a made more mention, but it is obviously impossible
distinct side of his duplicate character, inasmuch to criticize in detail a work in which the bare list of
as he is agent of the owner of the cargo just as cited cases occupies forty - four pages .
much as the owner of the ship .
" Next in order of position come ' Bills of Lading ' diffi
“ culti ques
The es, whi of comp
ch are
tion sumry
wellulso medpilo by Mr.full
uptageis Kay.of
and Stoppage in Transitu .' We confess that on .
“ In conclusion , we can heartily congratulate
first perusal we were somewhat surprised to find the Mr. Kay upon his success."
From the LIVERPOOL JOURNAL OF COMMERCE .
“ The Law relating to Shipmasters and Seamen wor bein enhanced by copious appendices and
-such is the title of a voluminous and important. indekx, andg by the quot ation of a mass of authori
work which has just been issued by Messrs. Stevens
and Haynes, the eminent law publishers, of London. to . : shipowne
tiesthe ship
Ther,wor k mast
must consinva
er,beoran a fore
ul atluab ign
le one
The author is Mr. Joseph Kay , Q.C. , and while port. The language is clear and simple, while the
treating generally of the law relating to shipmasters legal standing of the author is a sufficient guarantee
and seamen, he refers more particularly to their ap- that he writes with the requisite authority, and
pointment,of
It consists
duti
two righ
es,larg ts, liabi
e volu mes,litie
thes,text
remepyin
and occu dies.g that the case
the poin
quoted by him are decisive as regards
ts onswhich he touches."
nearly twelve hundred pages, and the value of the
Fr yearthe LA JOURNA . refe
“ The author tells us that for ten om s he has Wcompile a guideLand rence book for masters, ship
been engaged upon it . Two large volumes agents, and consuls .'
containing 1181 pages of text, 81 pages of appen- not to add lawyers to the list of his pupils ; but his
dices, 98 pages of index, and upwards of 1800 cited He has been so modest as
work will, we think, be welcomed by lawyers who
cases, attest the magnitude of the work designed have to do with skipping transactions, almost as
and accomplished by Mr. Kay.
“ Mr. Kay says that he has ' endeavoured to | occu
cordiall
py thei
y as it undo
r busi nessubte
in the willt wat
dlygrea be ers.'
by those who
In crown 12mo., 1876, price 125. , cloth,

A TRE A TI SE
ON THE
LOCUS STANDI OF PETITIONERS AGAINST PRIVATE BILLS

IN PARLIAMENT .
THIRD EDITION .
By JAMES MELLOR SMETHURST, Esq . , of Trinity College, Cambridge, M.A.,
and of the Inner Temple, Barrister-at- Law .
2 vols . 4to ., 1876–77. 51. 55., calf.
THE
PRACTICAL STATUTES OF NEW ZEALAND ,
WITH NOTES AND INDEX.
Edited by G. B. BARTON , of the Middle Temple, Barrister-at- Law . .
THE NEW ZEALAND JURIST ( NEW SERIES) ,
JOURNAL AND LAW REPORTS. PUBLISHED MONTHLY.
Edited by G. B. BARTON, Barrister-at-Law , Dunedin , New Zealand.
The Reports include all cases of importance argued and determined in the Court of
Appeal of New Zealand, and in the Supreme Court in its various Districts.
THE NEW ZEALAND JURIst is the only Legal Journal published in New Zealand.
Orders for the “ JURIST ” will be received by
STEVENS & HAYNES , BELL YARD , TEMPLE BAR, LONDON .
In one thick volume, Svo., 1875, price 255., cloth ,

THE PRINCIPLES OF THE LAW OF RATING
of HEREDITAMENTS in the OCCUPATION of COMPANIES.
By J. H. BALFOUR BROWNE,
Ofthe Middle Temple, Barrister -at-Law ; Registrar to the Railway Commissioners.
1
" The tables and specimen valuations which are that such a work is much needed , and we are sure
printed in an appendix to this volume, will be of that all those who are interested in , or have to do
great service to the parish authorities, and to the with public rating, will find it of great service.
legal practitioners who may have to deal with the Much credit is therefore due to Mr. Browne for his
rating of those properties which are in the occupa- able treatise - a work which his experience as
tion of Companies, and we congratulate Mr. Browne Registrar of the Railway Commission peculiarly
on the production of a clear and concise book of qualified him to undertake. " -- Law Magazine.
the system of Company Rating . There is no doubt
here In 8vo., 1875, price 75. 6d ., cloth ,
THE LAW OF USAGES and CUSTOMS :

-
a practical Law Tract.
Of the Middle Temple, Barrister-at-Law ; Registrar to the Railway Commissioners.
“We look upon this treatise as a valuable addition to works written on the Science of Law ." - Canada
Law Journal.
“As a tract upon a very troublesome department of Law it is admirable — the principles laid down are
sound, the illustrations are well chosen , and the decisions and dicta are harmonised so far as possible , and
distinguished when necessary." - Irish Law Times.
" As a book of reference we know of none so comprehensive dealing with this particular branch of
Common Law . ... In this way the book is invaluable to the practitioner." - Law Magazine,
In one volume, Svo. , 1875, price 18s., cloth,

THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS
UNDER THE REGULATION OF RAILWAYS ACTS, 1873 and 1874 ;
With the Amended General Orders of the Commissioners, Schedule of Forms, and Table
of Fees : together with the Law of Undue Preference, the Law of the Jurisdiction
of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of
Forms of Applications, Answers and Replies ; and Appendices of Statutes and Cases.
Of the Middle Temple, Barrister-at-Law , and Registrar to the Railway Commissioners.
“ Mr. Browne's book is handy and convenient in work ofa man of capable legalattainments, and by
form , and well arranged for the purposes of refer. official position intimate with his subject; and we
ence ; its treatment of the subject is fully and therefore think that it cannot fail to meet a real want
carefully worked out : it is, so far as we have been and toprove of service to the legal profession and
able to test it, accurate and trustworthy. It is the the public." -- Law Magazine.
In 8vo. , 1876, price 75. 6d ., cloth,
ON THE COMPULSORY PURCHASE of the UNDERTAKINGS
OF COMPANIES BY CORPORATIONS,
Andthe Practice in Relation to the Passage of Bills for Compulsory Purchase through
3 Parliament. By J. H. Balfour Browne, of the Middle Temple, Barrister -at-Law ;
Author of “ The Law of Rating,” “The Law of Usages and Customs ,” & c., &c.
“ This is a work ofconsiderable importance to all both by the promoters and opponents, and as this
Municipal Corporations, and it is hardly too much to was the first time in which the principle of com
say that every member of these bodies should have pulsory purchase was definitely recognised, there
a copy by him for constant reference. Probably at can be no doubt that it will long be regarded as a
no very distant date the property of all the existing leading case . As a matter of course, many inci
gas and water companies will pass under municipal dental points of interest arose during the progress
control, and therelore it is exceedingly desirable of the case. Thus, besides the main question of
that the principles and conditions underwhich such compulsory purchase, and the question as to whether
transfers ought to be made should be clearly under- there was or was not any precedent for the Bill, the
stood. This task is made easy by the present volume. questions of water compensations, of appeals from
The stimulus for the publication ofsuch a work one Committee to another, and other kindred sub
was given by the action of the Parliamentary jects were discussed. These are all treated at length
Committee which last Session passed the preamble by the Author in the body of the work, which is
of the Stockton and Middlesborough Corporations thus a complete legal compendium on the large
Water Bil, 1876. The volume accordingly con- subject withwhich it so ably deals. "
tains a full report of the case as itwas presented
d2
20
STEVENS & HAYNES, BELL YARD , TEMPLE BAR .
Now ready, in 8vo . , 1878, price 6s., cloth,

THE LAW RELATING TO CHARITIES,
Especially with Reference to the Validity and Construction of
.
CHARITABLE BEQUESTS AND CONVEYANCES .
FERDINAND M. WHITEFORD, of Lincoln's Inn , Barrister -at- Law .
BY
“ The Law relating to Charities by F. M. large portion of the text, together with the ex
Whiteford , contains a brief but clear exposition of planations pertinent to them . The general tenor
the law relating to a class of bequests in which the of Mr. Whiteford's work is that of a digest of Cases
intentions of donors are often frustrated by un- rather than a treatise, a feature, however, which
acquaintance with the Statutory provisions on the will not diminish its usefulness for purposes of
subject. Decisions in reported Cases occupy a reference . ” - Law Magazine and Review .
In 8vo . , 1872 , price 75. 6d ., cloth ,

AN EPITOME AND ANALYSIS
OP
1
SAVIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW .
BY ARCHIBALD BROWN, M.A.
Edin, and Oxon . and B.C.L. Oxon., of the Middle Temple, Barrister - at-Law .
“ Mr. Archibald Brown deserves the thanks
Savigny's succepith
ssfulof
ly Von
pre
of all interested in the science of law , whether fifty, Atr seem
pages.matte the ssame very the
to betime
as
a study or a practice, for his edition of served , nothing which might be useful to the
Herr von Savigny's great work on ' Obligations .' English reader being apparently omitted.
Mr. Brown has undertaken a double task -- the « The new edition of Savigny will, we hope, be
translation of his author, and the analysis of his extensively readand referred to by English lawyers.
author's matter . That he has succeeded in reducing If it is not, it will not be the fault of the translator
the bulk of the original will be seen at a glance ; and epitomiser. Far less will it be the fault of
the French translation consisting of two volumes, Savigny himself, whose clear definitions and accu
with some five hundred pages apiece, as compared rate testsare of great use to the legal practitioner ."
with Mr. Brown's thin volume of a hundred and -Law Journal.
THE ELEMENTS OF ROMAN LAW .

In 216 pages 8vo ., 1875, price ros ., cloth,
A CONCISE DIGEST OF THE INSTITUTES
OP
GAIUS AND JUSTINIAN ,
With copious References arranged in Parallel Columns, also Chronological and
Analytical Tables, Lists of Laws, & c. & c.
Primarily designed for the Use of Students preparing for Examination at
Oxford , Cambridge, and the Inns of Court.
BY SEYMOUR F. HARRIS , B.C.L., M.A.,
OP WORCESTER COLLEGE , OXFORD , AND THE INNER TEMPLE, BARRISTER -AT -LAW ;
AUTHOR OF UNIVERSITIES AND LEGAL EDUCATION .”
“ Mr. Harris's digest ought to have very great success among law students both in the
Inns of Court and the Univ ersities. His book gives evidence of praiseworthy accuracy
and laborious condensation ,” — LAW JOURNAL.
“ This book contains a summary in English of the elements of Roman Law as contained
in the works of Gaius and Justinian, and is so arranged that the reader can at once see
what are the opinions of either of these two writers on each point. From the very exact
and accurate references to titles and sections given he can at once refer to the original
writers. The concise manner in which Mr. Harris has arranged his digest will render
it most useful, not onlyto the students for whom it was originally written , but also to those
persons who, though they have not the time to wade through the larger treatises of Poste ,
Sanders, Ortolan , and others, yet desire to obtain some know ledge ofRom an Law .”
OXFORD AND CAMBRIDGE UNDERGRADUATES' JOURNAL.
" Mr. Harris deserves the credit of having produced an epitome which will be of service
to those numerous students who have no time or sufficient ability to analyse the Institutes for
themselves." -LAW TIMES.
WORKS FOR LAW STUDENTS . 21
For the Preliminary

Examinations before Entering into Articles of Clerkship
to Solicitors under the Solicitors Act , 1877.
Now ready, in a handsome 4to. volume, with Map of the World, price ros., cloth,
THE STUDENTS' REMINDER AND PUPILS ' HELP IN
PREPARING FOR A PUBLIC EXAMINATION .
BY THOMAS MARSH ,
Private Tutor, Author of an “ English Grammar, " & c.
" In these days of competitive examination and well-nigh universal education, students will find a
useful auxlliary in the Student's Reminder and Pupil's Help,' by Thomas Marsh, which gives in a
concise form some fruitful information, that, just because it is elementary, is apt to be momentarily
forgotten . "- The Graphic .
** We welcome this compendium with great pleasure as teing exactly what is wanted in this age of
competitive examinations. It is evidently the work of a master hand, and could only be compiled by one
thoroughly experienced in the work of teaching. Mr. Marsh has summarised and analysed the subjects
required for the preliminary examinations of law students, as well as for the University and Civil Service
examinations. He has paid special attention to mathematics, but the compendium also includes ancient
and modern languages, geography, dictation, &c. It was a happy idea to make it quarto size, and the
type and printing are clear and legible." - Irish Law Times.
" This remarkable volume might almost be described as containing a little of everything, and any
student who masters its contents may fairly regard himself as standing well for such ordinary
examinations as he may be called upon to pass. Mr. Marsh has evidently had great experience in
preparingpupils for such tests, and he hasin this work brought together a mass of leading points on a
variety of subjects for their assistance." - City Press .
Now ready, Second Edition, in 8vo., price 21s., cloth,
ENGLISH
CONSTITUTIONAL HISTORY
Erom the Teutonic Invasion to the Present Time.
Designed as a Text-Book for Students and Others.
BY
T. P. TASWELL LANGMEAD, B.C.L. ,

Of Lincoln's Inn, Barrister-at-Law, late Tutor on Constitutional Law and Legal
History to the Four Inns of Court, and formerly Vinerian Scholar in the
University of Oxford .
Second and Enlarged Edition, revised throughout, and in many parts rewritten .
Extracts from some Reviews of the First Edition .
“ We think Mr. Taswell-Langmead may be congratulated upon having compiled an
elementary work of conspicuous merit.” — Pall Mall Gazette.
" It bears marks of great industry on thepart of the compiler, and is most completely
stocked with all the important facts in the Constitutional History of England, which are
detailed with much conciseness and accuracy, and is very full and clear.” —Spectator .
“ For students of history we do not know any work which we could more thoroughly
recommend.” — Law Times.
‫ܪ‬ “ It is a safe, careful, praiseworthy digest and manual of all constitutional history and
law ." - Globe.
“ For conciseness, comprehensiveness, and clearness, we do not know of a better
modern book than Mr. Taswell Langmead's ' English Constitutional History .' ” — Notes
and Queries.
“ The volume on English Constitutional History, by Mr. Taswell- Langmead, is exactly
what such a history should be . " - Standard.
“As a text-book for students, we regard it as an exceptionally able and complete
work .” — Law Journal,
“ Mr. Taswell- Langmead has endeavoured in the present volume to bring together
all the most prominent features in the Constitutional History of England, and explain
their origin and development. It is possible to gain from a hundred pages of Mr. Lang
mead's work a knowledge of the growth and progress of the present system, which
elsewhere could only be obtained in many volumes." – Irish Law Times.
“ Mr. Taswell -Langmead has thoroughly grasped the bearings of his subject. It is,
however, in dealing with that chief subject of constitutional history - parliamentary
government — that the work exhibits its great superiority over its rivals.” — Academy.
22 WORKS FOR LAW STUDENTS .
Fiſth Edition , in 8vo. , 1880, price 25s., cloth,
! THE PRINCIPLES OF EQUITY.

Intended for the Use of Students and the Profession.
By EDMUND H. T. SNELL, of the Middle Temple, Barrister-at-Law .
FIFTH EDITION
TO WHICH IS ADDED
AN EPITOME OF THE EQUITY PRACTICE .

SECOND EDITION .
By ARCHIBALD BROWN, M.A. Edin. and Oxon ., and B.C.L. Oxon ., of the Middle
Temple, Barrister-at-Law ; Author of " A New Law Dictionary,' “ An Analysis
)
of Savigny on Obligations," and the “ Law of Fixtures.”'
REVIEWS .
“ The changes introduced by the Judicature Acts have been well and fully explained by the present
edition of Mr. Snell's treatise, and everything necessary in the wayof revision has been conscientiously
accomplished. We perceive the fruitful impress of the ' amending hand ' in every page ; the results of
the decisions under the new system have been carefully explained, and engrafted into the original text ;
and in a word, Snell's work, as edited by Mr. Brown, has proved the fallacy of Bentham's description of
Equity as ' that capricious and inconsistent mistress of our fortunes, whose features no one is able to
delineate . 'He has added a book, comprising 127 pages, on the present ' Practice in Equity ,' as to
which he observes that it will be probably found by students very serviceable, and by practitioners very
handy and convenient, seeing that it embodies the whole procedure (even in its minutest details ), and at
the same time collects it all together under efficientpractical headings, with their sub -divisions, so much so
that everything, may be found in the Practice ' without either difficulty quality
reference .' This, on the whole, accurately describes the general character andof searchof or
thatdiversity
portionofof
the work ; but at the same time, we must say that it cannot well claim to be much more than a skilful
précis of the procedure as formulated and prescribed by the Acts and Rules themselves, with a few
exceptions, butwithout anything like an expanded treatment such as might render that portion of the
work equalto the portion dealing with the principlesof equity. Suggested , however, by the necessities
experienced by its writer in his own practice, it will doubtless prove useful to others in an equal degree ;
and it certainly forms a valuable and much -needed supplement to Mr. Snell's work ." - Irish Law 7imes.
“ Snell's Equity ,' as this work is so familiarly called, is a work which is probably known to students
of the law in all countries where the English language is spoken , and, as a matter of fact, no one who
attempts the study of Equity, can obtain a really proper insight into the science without a perusal, sooner
or later, of this book. In 1868 the ‘ Principles of Equity ' appeared for the first time. Ever since that
date it has been the standard work on the subject. The Edition before us is the fourth that has appeared,
and from the many additions and improvements that are embodied in it, it will, we are convinced , quite
equal,if not increase, its hitherto well-deserved popularity. The present edition, unlikeformer ones,is
divided into two Books. The first Book consistsofthe original ' Principles ' in form and style similar to
the edition first published by Mr. Snell, with the exception that some paragraphs have been entirely
re-written and additionsmade to it, so as to bring it more inconsonance with the existing state of the
law. In its general character this part of the work is not much altered from former editions, as the many
minor errors and deficiencies have been corrected , while the language used , and the contents of the book
generally, have been worked up to the level of the new procedure introduced by the sweeping and
important legislation which has been effected during the last five years. The second Book, comprising
an " Epitome of the Equity Practice,' is an entirely newaddition to the originalwork, and emanates from
the pen of Mr. Archibald Brown, B.C.L. of Oxford, and of the Middle Temple,Barrister-at-Law, whohas
handled his subject in an eminently able and satisfactory manner. This · Practice in Equity'embodies
the whole procedure in its minutest details, and will, doubtless, be found most serviceable to practitioners
as well as to students . Leaving out of question the use which this part of the work will be to the
practitioner, there can be no doubt that to students the whole book will be as indispensable in the future
as it has been in the past ; and , as regards the second part, namely that portion of the work which relates
to Equity Practice, we have no doubt that a proper knowledge of it will enable a student to successfully
pass any examinations in the subject, whether it be at the Universities, at the Inns of Court, or in the
Hall of the Incorporated Law Society ," – Oxford and Cambridge Undergraduates' Journal.
“ We know of no better introduction to the Principles of Equity.” —
CANADA LAW JOURNAL.
" Within the ten years which have elapsed since the appearance of the first edition of this work , its
reputation has steadily increased, and it has long since been recognised by students, tutors and practitioners,
as the best elementary treatise on the important and difficult branch of the lawwhich formsits subject.
In editing the fourth edition, Mr. Brown, while working up the language and contents of the book to
the level of the new procedure introduced by the Judicature Acts, noting changes of the law, and
correcting minor errors, has wisely abstained from interference with the general character of the work,
which equally with its lucidity and trustworthiness has shared in gaining the approval of the profession.
But he has added a new feature in an Epitome of the Practice in Equity which forms a valuable comple
ment to the Principles,' equally useful to the young practitioner and to the student, by whom Principles
and Practice should be concurrently studied. " We think Mr. Brown is to be congratulated on having
produced a really useful Epitome, which while not attempting to supersede the larger Practices, will be
found a safe guide to the Practitioner in all ordinary proceedings." - Law Magazine and Review .
WORKS FOR LAW STUDENTS. 23
In one volume, 8vo., 1874, price 185., cloth,

PRINCIPLES OF CONVEYANCING.
AN ELEMENTARY WORK FOR THE USE OF STUDENTS.
By HENRY C. DEANE, of Lincoln's Inn, Barrister-at-Law, sometime Lecturer to the
Incorporated Law Society of the United Kingdom.
“ Mr. Deane is one of the Lecturers of the Incorporated Law Society, and in his elementary work
intended for the use of students, he embodies some lectures given at the hall of that society. It would
weary our readers to takethem over the ground necessarily covered by Mr. Deane. The first part is
devoted to Corporeal Hereditaments, and the second to Conveyancing. The latter is prefaced by a very
interesting ‘ History of Conveyancing,' and for practical purposes the chapter (Ch. 2, Part II.) on
Conditions of Sale is decidedly valuable. The most recent legislation is handled by Mr. Deane in con
nexion with the old law , the Judicature Act and the Vendor and Purchaser Act both being considered
in this chapter on Conditions of Sale. We might make some interesting quotations, but the work is one
which those engaged in conveyancing should purchase and put on their shelves, and welcome it with the
recommendations which we have already recorded. "-Law Times.
“ We hope to see this book, like Snell's Equity, a standard class-book in

all Law Schools where English law is taught.”—CANADA LAW JOURNAL.
“ Mr. Deane has,webelieve , succeeded in writing have brought us to the conclusion that, though its
the very simplest work ever published on the abstruse contents are purely elementary, and it contains
subject of conveyancing ; and has by his language nothing which is not familiar to the practitioner,
and illustrations, explained points of law in a way it may be extremely useful to students, and especially
that cannot be misunderstood. For this reason , and to those gentlemen who are candidates for the
as being the most elementary work combining the various legal examinations, There are so many
elements of real property law with the principles of questions set now on case law that they would do
practical conveyancing, we can heartily recommend well to peruse this treatise of Mr. Deane's, and use
it as a first book on the subject of which it treats. it in conjunction with a book of questions and
As such we should think it would be both worthy answers. They will find a considerable amount of
and suitable to be named as one of the books that equity case law, especially in the second part of
are required to be read as a preparation for the Mr. Deane's book , which comprises in substance
various Law Examinations." - The Law . some lectures delivered by the author at the Law
“ It seems essentially the book for young convey. Institution ."-Law Journal.
ancers, and will, probably, in many cases supplant “ The first part of the volume is composed of a
Williams. It is, in fact, a modern adaptation of series of chapters on corporeal hereditaments, and
Mr. Watkin's book on conveyancing , and is fully the second part of some lectures on conveyancing
equal to its prototype .” — Irish Law Times. recently delivered by the author at the Law Insti
" A general review of the scope of Mr. Deane's tution. It is enough to say that Mr. Deane writes
volume and a perusal of several of its chapters clearly and to the point." -- Saturday Review .
In 8vo ., price 6s., cloth,
A Summary of the Law and Practice

in Admiralty.
FOR THE USE OF STUDENTS. '
BY EUSTACE SMITH,
Of the Inner Temple ; Author of " A Summary of Company Law ."
In 8vo., price cloth,
A Summary of the Law and Practice in

the Ecclesiastical Courts.
FOR THE USE OF STUDENTS.
BY EUSTACE SMITH ,
Ofthe Inner Temple ; Author of “ A Summary of Company Law ,” and “ A Summary
of the Law and Practice in Admiralty . "
24 WORKS FOR LAW STUDENTS .'
PRINCIPLES OF THE COMMON LAW .

INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION.
BY JOHN INDERMAUR, SOLICITOR ,

AUTHOR OF “ A MANUAL OF THE PRACTICE OF THE SUPREME COURT,"
“ EPITOMES OF LEADING CASES," AND OTHER WORKS.
“ This work, the author tells us in his Preface, is written mainly with a view to the
examinations of the Incorporated Law Society ; but we think it is likely to attain a wider
usefulness. It seems, so far we can judge from the parts we have examined , to be a
careful and clear outline of the principles of the common law . It is very readable ; and
not only students, but many practitioners and the public might benefit by a perusal of its
pages.” — SOLICITORS' JOURNAL.
“ Mr. Indermaur has very clear notions of what a law student should be taught to
enable him to pass the examinations of the Incorporated Law Society. In this, his last
work, the law is stated carefully and accurately, and the book will probably prove
acceptable to students.” - Law Times.
“ Mr. Indermaur's book will doubtless be found a useful assistant in the legal pupil
room .
The statements of the law are, as far as they go, accurate, and have been skilfully
reduced to the level of learners. Mr. Indermaur possesses one great merit of an instructor
-he is able to bring out the salient points on wide subjects in a telling manner." — Law
Fournal.
“ Mr. Indermaur has acquired a deservedly high reputation as a writer of convenient
epitomes and compendiums of various branches of the Law for the use of students.
Within the limits which the author has assigned to himself, he has certainly given proof
of praiseworthy industry, accuracy, and clearness of exposition, which cannot fail to be
of the greatest advantage to the law student. The practising solicitor will also find this
a very useful compendium . Care has evidently been taken to note the latest decisions
on important points of law . A full and well -constructed Index supplies every facility
for ready reference . ” — Law Magazine.
“ The works of Mr. Indermaur are the necessary outcome of the existing system of
legal education, and are certainly admirably adapted to the needs of students. We
observe that, in the preface to his Principles of the Common Law , the author announces
that he had aa collateral object in view — viz., to produce a work useful to the practitioner.
To sessional practitioners, and those whose libraries are limited, we have no doubt that
this work will prove a useful acquisition ; but its special merit appears to us to be that
it most adequately achieves that which was the author's principal object - namely, to
supply a book upon the subject of Common Law which, whilst being elementary and
readable on the one hand, yet also goes sufficiently into the subject to prepare students
for examination. The author, who possesses a well -established reputation as a law
tutor, and as an able and indefatigable writer of books for students, certainly knows
precisely just what it is that students require, and that desideratum he has fully supplied.
We might suppose that the work itself was the didactic embodiment of the prize answers
to a voluminous code of examination questions on the subject of common law ; and
presenting, as it does, a lucid, careful, and accurate outline of the elementary principles
applicable to contracts, torts, evidence, and damages, such a work cannot fail to prove
abundantly useful to the student. ” — Irish Law Times.
In 8vo., 1878, price 1os ., cloth .

A MANUAL OF THE PRACTICE OF THE SUPREME COURT
OF JUDICATURE,
In the Queen's Bench, Common Pleas, Exchequer, and Chancery Divisions. Intended
for the use of Students. By John INDERMAUR, Solicitor.
“ This is a very useful student's book . It is clearly written , and gives such information as the student
requires, without bewildering him with details. The portion relating to the Chancery Division forms an
excellent introduction to the elements ofthe practice, and may be advantageously used, not only by
articledclerks, but also by pupils entering the chambersof equity draftsmen .” - Solicitors' Journal.
" Intended for the use of students, this book is executed with that accurate knowledge and care which
distinguish Mr. Indermaur. It treats carefully of the steps to be taken in the several divisions, and in the
appendix is given a table of some of the principal times of proceedings. Not only the student but the
practitioner will find this little volume of use." - Law Times .
“ Mr. Indermaur's treatise is addressed to the attention of students ; and what student but knows that
the nameof that author is a guarantee of the utility of any work so presented ? His ‘ Manual of Practice,'
while avoiding unnecessary details, furnishes a concise but complete elementary view of the procedure in
the Chancery and Common Law Divisions of the High Court of Justice under the English Judicature
Acts ; and certainly any examination on the subject must be very unreasonable that a student who has
mastered Mr. Indermaur's perspicuous reading on the practice could fail to pass ." - Irish Law Times .
2
Fourth Edition, in 8vo. , 1877, price 6s. , cloth,
AN EPITOME OF LEADING AW CASES ;
COMMON LAW
WITH SOME SHORT NOTES THEREON .
Chiefly intended as a Guide to “ SMITH'S LEADING CASES. ” By JOHN INDERMAUR,
Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872 ).
“ We have received the third edition of the ‘ Epitome ofLeading Common Law Cases,' by Mr. Inder
s maur, Solicitor. The first edition of this work was published in February, 1873, the second in April, 1874, and
now we have a third edition dated September, 1875: No better proof of the value ofthis book can be ſure
nished than the fact that in less than threeyears ithas reached a third edition ."-Law Journal.
Third Edition, in 8vo. , 1877, price 6s. , cloth,
E AN EPITOME OF LEADING CONVEYANCING AND
---
EQUITY CASES ;
WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS .
By JOHN INDERMAUR, Solicitor, Author of " An Epitome of Leading
Common Law Cases."
" We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey
ancing and Equity Cases. The work is very well done. "-Law Times.
“The Epitome well deserves the continued patronage of the class - Students - for whom it is especially
intended . Mr. Indermaur will soon be known as the Students' Friend . ' " - Canada Law Journal.
Third Edition, in 8vo. , 1880, price , cloth ,

SELF -PREPARATION FOR THE FINAL EXAMINATION .
CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES,
CASES, AND QUESTIONS ;
And intended for the use of those Articled Clerks who read by themselves.
By John INDERMAUR, Solicitor.
" In this edition Mr. Indermaur extends his counsels to the whole period from the intermediate
examination to the final. His advice is practical and sensible: and ifthe course of study he recommends
is intelligentlyfollowed, the articled clerk will have laid in a store oflegal knowledge more thansufficient
to carry him through the final examination." - Solicitors' Journal.
“This book contains recommendations as to how a complete courseof study for the above examination
should be carried out, with reference to the particular books tobe read seriatin . We need onlyremark
that it is essential for a student to be set on the right tack in his reading, and that any one of ordinary
ability, who follows the course set out by Mr. Indermaur, ought to pass withgreat credit."-Law Journal.
In 8vo., 1875, price 6s., cloth ,
THE STUDENT'S GUIDE TO THE JUDICATURE ACTS,
AND THE RULES THEREUNDER :
Being a book of Questions and Answers intended for the use of Law Students.
By JOHN INDERMAUR, Solicitor.
" As the result of the well-advised method adopted by Mr. Indermaur, we have a Guide which will
unquestionably be found most useful, not only to Students and Teachers for the purpose of examination,
but to anyone desirous of acquiring a first acquaintanceship with the new system ." - Irish Law Tines.
26 WORKS FOR LAW STUDENTS.
In one volume, Svo. , price 21s., cloth,
A NEW LAW DICTIONARY, AND
Institute of the whole Law ;

EMBRACING FRENCH AND LATIN TERMS, AND REFERENCES TO THE
AUTHORITIES, CASES, AND STATUTES.
By ARCHIBALD BROWN ,
M.A. Edin. and Oxon., and B.C.L. Oxon. , of the Middle Temple, Barrister-at-Law ; Author
of the “ Law of Fixtures,” Analysis of Savigny's Obligations in Roman Law ," & c.
“ Mr. Brown has succeeded in the first essential, that ofbrevity. He has
compressed into a wonderfully small compass a great deal of matter . Our im .
pression is that the work has been carefully executed ." - SOLICITORS' JOURNAL.
“ This work , laborious and difficult as it four hundred pages the whole law of Eng.
was, has been admirably carried out, and land, and has evidently bestowed much
the work is really what it professes to be, pains on the execution of the task . He
a complete compendium. An index to a does not, however, aim at anything higher
dictionary is a novelty, but from the excep- than rendering a service to students prepar.
tional nature of the contents an index was ing for the Bar or for the lower branch of
likely to be mostuseful, and accordingly Mr. the profession, and there can be no doubt
Brown has prefixed to the book a copious that he has produced a book of reference
index by which a student can at once turn to which will be useful to the class he has had
the main body of the work and obtain the in view . Mr. Brown has perhaps done
information he requires. Authorities and about as much as any one, not a rare
cases are abundantly cited, and Mr. Brown genius, could do, and his Dictionary will be
can claim with justice to call his book an serviceable to those who are in want of hints
institute of the whole law . " - Standard, and references, and are content with a
“ In a modest preface Mr. Brown intro . general idea of aa law or legal principle. It
duces us to a rather ambitious work. He is a handy book to have at one's elbow ."
has endeavoured to compress into less than -Saturday Review .
" This book has now been for some time published , and we have had many
opportunities of referring to it. Wefind it an admirable Law Dictionary, and
something more, inasmuch as it contains elaborate historical and antiquarian
analyses of our legal system under the several headings. The student and the
literary man will find the book very useful in reading and writing. Indeed the
people who are not lawyers, but who nevertheless feel a desire or are under a
necessity to use legal terms, or who meet them in their course ofstudy, cannot do
better than obtain a copy of this work and use it judiciously ; they will thereby
be enabled to avoid the ludicrous errors into which novelists in particular, and
public speakers too, are often led by the inappropriate use of terms whose
meanings they do not perfectly comprehend.” — IRISH LAW Times.
In 8vo., price 125., cloth,
THE LAW OF FIXTURES .
Third Edition . Including the Law under the
AGRICULTURAL HOLDINGS ACT, 1875,
Incorporating the principal American Decisions, and generally bringing the law down to the present time.
By ARCHIBALD BROWN, M.A. Edin. and Oxon, and B.C.L. Oxon,
OF THE MIDDLE TEMPLE, BARRISTER -AT- LAW .
“ The decisions given since the second edition of and claims the attention of legal draftsmen and
this work was published in the important cases solicitors.
of Ex parte Daglish , in re Wilde, and E.r parte We have touched on the principal features of this
Barclay, in re Foyce, and several other further new edition , and we have not space for further
decisions of the Courts on the Law of Fixtures, remarks on the book itself : but we may observe
have rendered a third edition desirable. The author that the particular circumstances of the cases cited
has taken the opportunity to recast the general are in all instances sufficiently detailed to make the
form of his treatise. We have already principle of law clear ; and though very many of the
adverted to the recent cases of Ex parte Daglish , principles given are in the very words of the judges,
in re Wilde, and Ex parte Barclay, in re Joyce. at the same time the author has not spared to deduce
The author treats of them at some length ; and the his own observations, and the treatise is commend.
conclusicn at which he arrives is very important, able as well for originality as for laboriousness . "
-Law Fournal.
In 8vo., price 20s ., cloth ,
PRINCIPLES OF THE CRIMINAL LAW .

INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE
OF STUDENTS AND THE PROFESSION ,
By SEYMOUR F. HARRIS, B.C.L., M.A.,

1
Of Worcester College, Oxford, and the Inner Temple, Barrister-at- Law ; Author of
“ A Concise Digest of the Institutes of Gaius and Justinian . ”
h REVIEWS .
6 “ There is no lack of Works on Criminal Law , but there was room for such a useful
handbookofPrinciples as Mr. Seymour Harris has supplied. Accustomed, by his previous
labours, to the taskof analysing the law , Mr. Harris has brought to bear upon his present
work qualifications well adapted to secure the successful accomplishment of the object which
he had set beforehim. That object is not an ambitious one, for it does not pretend to soar
above utility to theyoungpractitioner and the student. For both these classes, and for the
yet wider class who may require a book of reference on thesubject, Mr. Harris has produced
a clear and convenient Epitome of the Law. A noticeable feature of Mr. Harris's work,
which is likely to prove of assistance both to the practitioner and the student, consists of a
Table of Offences, with their legal character, their punishment, and the statute under which
it is inflicted, together with a reference to the pages where a Statement of the Law will be
- found ."-LAW MAGAZINE AND REVIEW.
“ This work purports to contain a concise exposition of the nature of crime, the various offences
punishable by the English law, the law of criminal procedure, and the law of summary convictions,' with
tables of offences, punishments, and statutes. The work is divided into four books. Book I. treats
of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and
accessories. Book II . deals with offences of a public nature ; offences against private persons ;
and offences against the property of individuals. Each crime is discussed in its turn , with as
much brevity as could well be used consistently with a proper explanation of the legal characteristics of
the several offences. Book III. explains criminal procedure, including the jurisdiction of Courts, and
the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the
work is extremely well done, the description of the trial being excellent, and thoroughly calculated to
impress the mind of the uninitiated. Book IV . contains a short sketch of ' summary convictions before
magistrates out of quarter sessions. The table of offences at the end of the volume is most useful, and
there is a very full index, Altogether we must congratulate Mr. Harris on his adventure ." - Law Journal,
“ Mr. Harris has undertaken a work, in our opinion, so much needed that he might
diminish its bulk in thenext edition öy obliterating the apologetic preface. The appearance
of his volumeis as well timed as its execution is satisfactory. The author has shown an
ability of omission which is a good test of skill, and from the overwhelming mass of the
criminal law he has discreetly selected just so much only as a learner needs to know ,and has
presented it in terms which render it capable of being easily taken into the mind. The first
half of the volume is devoted to indictable offences, which are defined and explained in
succinct terms ; the second half treats of the prevention of offences, the courts of criminal
jurisdiction , arrest, preliminary proceedings before magistrates, and modes of prosecution
and trial ; and a briefepitomeofthe laws of evidence,proceedings after trial, andsummary
convictions, with a table of offences, complete the book. The part on procedure will befound
particularly useful. Few youngcounsel,ontheirfirst appearance at sessions, havemore than
a loose and general notion of the manner in which a trial is conducted , and often commit
blunders which, although trifling in kind, are nevertheless seriously discouraging and
annoying to themselves at the outset of their career. From even such a blunder as that of
mistaking the order in which the speeches are made and witnesses examined, they may
be saved by the table of instructions given here. " - SOLICITORS' JOURNAL.
“Le livre de M. Seymour F. Harris est un manuel de droit criminel destiné aux étudiants en droit
et aux praticiens. Il contient une exposition concise mais complète, sobre mais très-claire des faits
punissables, des peines édictées par la loi, de l'organisation des juridictions criminelles et de la maniere
de procéder devant elles. Ce qui est surtout précieux pour ceux auxquels cet ouvrage est destiné, c'est
une table méthodique des faits punis par la loi, des peines qui leur sont applicables et des lois qui les
prononcent. Cette table et l'indication, au bas de chaque page, du texte de loi dont le résumé est donné
dans le livre,rendront cet ouvrage indispensable à ceux qui, dans ce pays, veulent connaitre cette loi
criminelle anglaise qui s'écarte tant de la législation française, et qui est toujours l'objet de la curiosité
en même temps que de l'admiration. D'ailleurs, en ce moment où l'on soulève tant de questions touchant
la répression pénale, cette étude du droit criminel anglais est devenue indispensable. On ne pourra
mieuxla faire que danslemanuelde droit criminel dont nous parlons ici et que nous ne louons que
comme il le mérite . " - Revue Gén . du Droit 1878.
28 WORKS FOR LAW STUDENTS .
In one volume, Svo., price 95. cloth ,
LEADING STATUTES SUMMARISED,

FOR THE USE OF STUDENTS.
BY ERNEST C. THOMAS,
Bacon Scholar of the Hon. Society of Gray's Inn, late Scholar of Trinity College, Oxford ;
Author of “ Leading Cases in Constitutional Law Briefly Stated.”
“ Will doubtless prove of much use to students for whom it is intended . . Any student whe .
with this brief summary as a guide, carefully studies the enactments themselves in the Revised Eca
of the Statutes, cannotfail togain a veryconsiderable acquaintance with every branch of English laz. "
Law Magazine.
" Mr. Thomas has done a useful piece of work in compiling a little book which is not intended to
students the trouble of looking at the statutes for themselves, but which will be valuable buth to a
them through the single sentences of enormous length ,' of which Sir James Stephen has puks.
and as a convenient book of reference." - Saturday Review .
“ This is an ingenious work. The author, feeling that students, like a good many more experienced
persons, are rather bothered with the gigantic bulk of our statute law, has hit upon the idea of packing co
more than one hundred statutes of general practical importance, and giving a summary of them.be
divides these into three classes, and places them under the titles, Common Law ,' ' Criminal Law ,' and
• Equity and Conveyancing. There is an index to the volume, which enables the reader to find a soce
the Act he wants ; and the summaries seem to be accurate and sufficiently full. Of course the berok
belongs to the list of ' cram'instructors ; but it has merils beyond those of mere help to examination "
Law Journal.

LEADING CASES IN CONSTITUTIONAL LAW
BRIEFLY STATED, WITH INTRODUCTION , EXCURSUSES, AND NOTES.
BY ERNEST C. THOMAS,
Bacon Scholar of the Hon . Society of Gray's Inn, late Scholar of Trinity College, Oxford .
" Mr. E. C. Thomas has put together in a slim octavo a digest of the principal cases illustrating con
stitutional Law, that is to say , all questions as to the rights or authority of the Crown or persons under it,
as regards not merely the constitution and structure given to the governing body, but also the mode in
which the sovereign power is to be exercised. In an introductory essay Mr.Thomas gives a very clear
and intelligent survey of the general functions of the Executive, and the principles by which they are
regulated ; and then follows a summary of leading cases." - Saturday Review .
“ Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases. "
Law Times.

AN EPITOME OF HINDU LAW CASES,
WITH SHORT NOTES THEREON,
And Introductory Chapters on
SOURCES OF LAW , MARRIAGE, ADOPTION , PARTITION , AND

SUCCESSION .
BY WILLIAM M. P. COGHLAN,
BOMBAY CIVIL SERVICE, JUDGE AND SESSIONS JUDGE OF TANNA.
60
Apart, altogether, from their professional value, these introductory chapters are interesting to the
layman, as presentinga series of curiously exact photographs of every day Hindu life, which are further
illustrated by the rulings of the various High Courts. We have only space to direct the readers' attention
to the chapters on marriage, and the cases cited, for we made use ofthis text-book among othersin
discussing the Hindu marriage laws in our columns last year. Mr. Coghlanis well known as the Judge
and Session Judge of Tanna , and as one of the closest students of Hindu life as well as of Hindu law .
His volume is already a text-book to the students of Hindu law in England, and should alsofinda
welcome here from practitioners,and even, through the intrinsic interest of the subject and theabilityof
treatment, from those general readers who may beinterested in Indian matters." -Times of India .
" Mr. Coghlan, Judge and Sessions Judge of Tanna, has prepared an epitome ofsome Hindoo law cases
as a guide to the law reports andtothe standard text-books. Apart fromits professionalvalue, it presents a
curious picture of Hindoo customs and ideas on various subjects, suchas marriage, family ties, & c.
Saturday Review .
In a handy volume, price 55., cloth,
RAILWAY PASSENGERS & RAILWAY COMPANIES :

Their Duties, Rights and Liabilities.
By LOUIS ARTHUR GOODEVE , of the Middle Temple,
Barrister -at- Law .
“ Mr. Goodeve's little book is a concise epitome of the Acts, Bye-laws, and Cases relating to passengers
and their personal luggage. It is clearly written, and the reader is able speedily enough to find any
point upon which he desires to inform himself." - Law Journal.
c
Mr. Goodeve has rendered a service to the public in making a digest of the law relating to railway
passengers, including the respective duties, rights, and liabilities of the Companies on the one hand and
passengers on the other, as laid down by the statutes and the decisions of the Superior Courts. The
various points are treated in a clear yet concise manner ; and it is to be hoped that this little work will
be widely studied so that people may know what are their rights, and take steps to maintain them .”
Saturday Review .
“After reading the volume with great interest, we can only say that it is clear, compact, and accurate .
Passengers who want reliable information should consult this book ." - Sheffield Post.
EUROPEAN ARBITRATION .
Part I., price 7s.6d ., sewed,

LORD WESTBURY'S DECISIONS .
Reported by FRANCIS S. REILLY, of Lincoln's Inn, Barrister-at-Law .
ALBERT ARBITRATION.
Parts I. , II., and III. , price 25s., sewed,

LORD CAIRNS'S DECISION S..
Reported by FRANCIS S. REILLY, of Lincoln's Inn, Barrister -at- Law .
In 8vo. , price 21s., cloth ,

A TREATISE ON THE STATUTES OF ELIZABETH AGAINST
FRAUDULENT CONVEYANCES.
The Bills of Sale Registration Acts, and the Law of Voluntary
Dispositions of Property generally.
By H. W. MAY, B.A. (Ch. Ch. Oxford ), and of Lincoln's Inn, Barrister-at-Law .
This treatise has not been published before it " Examining Mr. May's book, we find it con
was wanted. The statutes of Elizabeth against structed with an intelligence and precision which
fraudulent conveyances have now been in force for render it entirely worthy of being accepted as a
more than three hundred years, The decisions guide in this confessedly difficult subject. The
under them are legion in number, and not at all subject is an involved one, but with clean and clear
times consistent with each other. An attempt to handling it is here presented as clearly as it could
reduce the mass of decisions into something like be. : : . On the whole, he has produced a very
shape, and the exposition of legal principles in- useful book of an exceptionally scientific character."
volved in the decisions, under any circumstances, -Solicitors' Journal.
must have been a work of great labour, and we “ The subject and the work are both very good.
are pleased to observe that in the book before us The former iswell chosen, new , and interesting ;
there has been a combination of unusual labour the latter has the quality which always distin .
with considerable professional skill. . We can
not conclude our notice of this work without saying guishes original research from borrowed labours."
that it reflects great credit on the publishersas well - American Law Review .
as the author. The facilities afforded by Messrs. “ We are happy to welcome his (Mr. May's) work
Stevens and Haynes for the publication of treatises as an addition to the, we regret to say, brief cata
by rising men in our profession are deserving of logue of law books conscientiously executed. We
all praise. We feel assured that they do not lightly can corroborate his own description of his labours,
lend their aidto works presented for publication, ‘ that no pains have been spared to make the book
and that in consequence publication by such a firm as concise and practical as possible, without doing
is to some extent a guarantee of the value of the so at the expense of perspicuity, or by the omission
work published .” - Canada Law Journal. of any important points.'” -Law Times.
30 STEVENS & HAYNES , BELL YARD , TEMPLE BAR .
In one volume, 8vo. , price 255., cloth ,
AN ESSAY
OX
THE RIGHTS OF THE CROWN AND THE
PRIVILEGES OF THE SUBJECT

In the Sea Shores of the Realm.
By ROBERT Gream Hall, of Lincoln's Inn, Barrister-at- Law . Second Edition. Revised
and corrected, together with extensive Annotations, and references to the later
Authorities in England, Scotland, Ireland, and the United States. By RICHARD
LOVELAND LOVELAND, of the Inner Temple, Barrister-at-Law .
“ This is an interesting and valuable book . It necessary to supplement it so largely by reference
treats of one of those obscure branches of the law to cases since decided. A tempting opportunity
which there is no great inducement for a legal was, therefore, offered to an intelligent editor to
writer to take up. .. Mr. Hall, whose | supply this defect in the work , and Mr. Loveland
first edition was issued in 1830, was a writer of , has seized it, and proved his capacity in a very
considerable power and method. Mr. Loveland's marked manner . As very good specimens of anno
editing reflects the valuable qualities of the ' Essay ' tation , showing clear judgment in selection, we may
itself. He has done his work without pretension, refer to the subject of alluvion at page 109, and the
but in a solid and efficient manner . The ‘ Sum- rights of fishery at page 50. At the latter place he
mary of Contents ' gives an admirable epitome of begins his notes by stating under what expressions
the chief points discussed in the ' Essay, ' and a ' several fishery ' has been held to pass, pro
indeed , in some twenty propositions, supplies a ceeding subsequently to the evidence which is
useful outline of the whole law . Recent cases are sufficient to support a claim to ownership of a
noted at the foot of each page with great care and fishery. The important question under what cir
accuracy, while an Appendix contains much valu cumstances property can be acquired in the soil
able matter ; including Lord Hale's treatise De between high and low water mark is lucidly dis
Jure Maris, about which there has been so much cussed at page 77, whilst at page 81 we find a
controversy, and Serjeant Merewether's learned pregnant note on the property of a grantee of
argument on the rights in the river Thames. The wreck in goods stranded within his liberty.
book will, we think, take its place as the modern “ We think we can promise Mr. Loveland the
authority on the subject.” — Law Journal. reward for which alone he says he looks - that this
“ The treatise, as originally published, was one of edition of Hall's Essay will prove a most decided
considerable value, and has ever since been quoted assistance to those engaged in cases relating to the
as a standard authority. But as time passed, and foreshores of the country ." - Law Times.
cases accumulated, its value diminished, as it was
“ The entire book is masterly ." -- ALBANY LAW JOURNAL.
-
In one volume, 8vo. , price 125., cloth,

A TREATISE ON THE LAW RELATING TO THE
POLLUTION AND OBSTRUCTION OF WATER COURSES ;

Together with a Brief Summary of the Various Sources of Rivers Pollution .
By CLEMENT HIGGINS, M.A., F.C.S. ,
OF THE INNER TEMPLE, BARRISTER -AT -LAW .
“ As a compendium of the law upon a special ofhispractical acquaintance both with the scientific
and rather intricate subject, this treatise cannot and the legal aspects of his subject." - Law Maga
but prove of great practical value, and more sine and Review .
especially to those who have to advise upon the “ The volume is very carefully arranged through
institution of proceedings under the Rivers Pollu out, and will prove of great utility both to miners
tion Preventive Act, 1876, or to adjudicate upon and to owners of land on the banks of rivers. "
those proceedings when brought." - Irish Law The Mining Journal.
Times .
“ Mr. Higgins writes tersely and clearly , while
“ We can recommend Mr. Higgins' Manual as his facts are so well arrangedthat it is a pleasure
the best guide we possess." - Public Health. to refer to his book for information ; and altogether
“ County Court Judges, Sanitary Authorities, the work is one which will be found very useful
and Riparian Owners will find in Mr. Higgins' by all interested in the subject to which it relates. "
Treatise a valuable aid in obtaining aclear notion -Engineer.
of the Law on the subject. Mr. Higgins has " A compact and convenient manual of the law
accomplished a work for which he will readily on the subject to which it relates." - Solicitors'
be recognised as having special fitness , on account Fournal.
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ON THE
L AW OF D A MAG E S.
Third Edition.
BY
JOHN D. MAYNE ,
Of the Inner Temple, Barrister-at-Law ;
AND
LUMLEY SMITH ,
Of the Inner Temple, Barrister -at- Law .
“ During the twenty - two years which have elapsed since the publication of this well-known
work, its reputation has been steadily growing, and it has long since become the recognised
authority on the important subject ofwhich it treats.” — LAW MAGAZINE AND Review.
“ This edition of what has become a standard “ Mr. Mayne's remarks on damages in actions of
work has the advantage of appearing under the tort are brief. We agree with him that in such
supervision of the original author as well as of actions the courts are governed by far looser princi
Mr. Lumley Smith, the editor of the second edition. ples than in contracts; indeed, sometimes it is
The result is most satisfactory. Mr. Lumley impossible to say they are governed by any princi.
Smith's edition was ably and conscientiously pre- ples at all. In actions for injuries to the person or
pared, and we are glad to find that the reader still reputation, for example, a judge cannot do more
enjoys the benefit of his accuracy and learning. than give a general direction to the jury to give
At the same time the book has, doubtless, been what the facts proved in their judgment required.
improved by the reappearance of its authoras co- And , according to the better opinion , they may give
editor. The earlier part, indeed , has been to a damages for example's sake,' and mulct a rich
considerable extent entirely rewritten. man more heavily than a poor one. In actions for
“ Upon the generalprinciples, according towhich injuries to property, however, ' vindictive ' or
damages are to be assessed in actions of contract, ' exemplary' damages cannot, except in very rare
Hadley v. Baxendale (9. Ex. 341) still remains cases, be awarded , but must be limited, as in con
the leading authority , and furnishes the text for tract, to the actual harm sustained .
the discussion contained in the second chapter “ The subjectofremotenessof damage is treated
RE of Mr. Mayne's book . Properly understood and at considerable length by Mr. Mayne , and we notice
TU limited, the rule proposed in that case, although in
one respect not very happily worded, is a sound
that much new matter has been added . Thus the
recent case of Riding v . Smith (24 W. R. 487, 1
one, and has been repeatedly approved both in Ex. D.91) furnishes the author with an opportunity
England and America . The subsequent decisions, of discussing the well-known rule in Ward v.
05 which are concisely summarized by Mr. Mayne, Weeks (7 Bing. 211) that injury resulting from the
167 have established that mere knowledge of special repetition of a slander is not actionable . The rule
circumstances is not enough , unless it can be in- has always seemed to us a strange one, if a man is
ferred from the whole transaction that the tobe made responsible for the natural consequences
contractor consented to become liable to the extra of his acts . For every one who utters a slander
23 damage. This limitation is obviously just, especially may be perfectly certain that it will be repeated.
20 in the case of persons, such as common carriers, • Itis needless to comment upon the arrangement
who have no option to refuse the contract. Mere of the subjects in this edition , in which no alteration
4, ECO knowledge on their part of special circumstances has been made. The editors modestly express a
ought not, and, according to the dicta of the hope that all the English as well as the principal
judges in the Exchequer Chamber in Horne Irish decisions up to the date have been included,
v . Midland Railway Company ( 21 W. R. 481, and we believe from our own examination that the
L. R. 8 C. P. 131 ) , would not involve the carrier in hope is well ſounded. We mayregret that, warned
additional responsibility . Mr. Mayne's criticism by the growing bulk of the book, the editors have
of the numerous cases in which this matter has been not included any fresh American cases, but we feel
considered leaves nothing to be desired , and the that the omission was unavoidable. We should add
rules he deduces therefrom (pp. 32, 33) appear to us that the whole work has been thoroughly revised."
to exhaust the subject. Solicitors' Journal,
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to the library of either the merchant or the lawyer." the language is well chosen, it is exhaustive of the
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precedent of considerable value . It involved the and Mr. Finlason introduces the report by one
immensely important question where innocent mis- hundred pages of dissertation on the general law .
representation ends, and where fraudulent misrepre- To this we shall proceed to refer, simply remarking
sentation begins. before doing so, that the charge to the jury has
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elections will find ' Bushby's Manual' replete with a handy manual, we can recommend the work
information and trustworthy, and that Mr. Hard to returning officers, agents, and candidates ; and
castle has incorporated all the recent changes of returning officers cannot do better than distribute
the law ." - Law Journal. this manual freely amongst their subordinates, if
they wish them to understand their work . " - Soli
“ As far as we can judge, Mr. Hardcastle, who citors' Journal.
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THE LAW AND PRACTICE OF ELECTION PETITIONS,
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IRE
Petitions, &c. By Henry HARDCASTLE, of the Inner Temple, Barrister- at - Law .
" Mr. Hardcastle gives us an original treatise extremely useful, and he gives all the law and
with foot notes, and he has evidently taken very practice in a very small compass. In an Appendix
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guide. Beginning with the effect of the Election thoroughly recommend Mr. Hardcastle's book as a
Petitions Act, 1868, he takes his readers step by concisemanual on the law and practice of election
step through the new procedure. His mode of petitions." -- Law Times .
treating the subject of particulars' will be found
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Par lot
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SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES .
In 8vo., 1876, price 41. 45., best calf binding,
SHOWER'S CASES IN PARLIAMENT
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FOURTH EDITION .
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REVISED AND EDITED BY
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“ Hall's Essay on the Rights of the Crown in the Seashore."
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type, instead of being in the quarto , is in the more convenient octavo form , and contains
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“ These are all cases of importance, worthy of being ushered into the light of the
world by enterprising publishers.
“ Shower's Cases are models for reporters, even in our day. The statements of the case,
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law finds a place, should be without a copy of this private publishers. The work is an important link
edition of Bellewe." - Canada Law Journal. in our legal history ; there are no year books of the
reign of Richard II., and Bellewe supplied the only
“ We have here a fac-simile edition of Bellewe, substitute by carefully extracting and collecting all
and it is really the most beautiful and admirable the cases he could find, and he did it in the most
reprint that has appeared at any time. It is a convenient form --that of alphabetical arrangement
perfect gem of antique printing, and forms a most in theorder of subjects, so that the work is a digest
interesting monument of our early legal history. as well as a book of law reports . It is in fact a
It belongs to the same class of works asthe Year collection of cases of the reign of Richard II.,
Book of Edward I. and other similar works which arranged according to their subjects in alphabetical
have been printed in our own time under the order . It is , therefore, one of the most intelligible
auspices of the Master of the Rolls ; but is far and interesting legal memorials of the Middle
superior to any of them, and is in this respect Ages."' - Law Times.
CUNNINGHAM'S REPORTS,
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CUNNINGHAM'S (T.) Reports in K.B., 7 to 10 Geo. II. ; to which is prefixed a Proposal
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Consideration of both Houses of Parliament.
Corrections. By THOMAS TOWNSEND BUCKNILL, Barrister-at-Law .
“The instructive chapter which precedes the peace and prosperity of every nation than good
cases, entitled ' A proposal for rendering the Laws laws andthe due execution of them .' The history
of England clear and certain, ' gives the volume a of the civil law is then rapidly traced . Next á
degree of peculiar interest, independent of the value history is given of English Reporters, beginning with
ofmany of the reported cases. That chapter begins the reporters of the Year Books from 1 Edw . III.
1
with words which ought, for the information of to 12 Hen. VIII. - being near 200 years and after
every people, to be printed in letters of gold. They wards to the time of the author .' -Canada Law
are as follows: ' Nothing conduces more to the Journal.
STEVENS & HAYNES, BELL YARD , TEMPLE BAR . 35
Stebens and Haynes ' Series of Reprints of the Early Reporters.

CHOYCE CASES IN CHANCERY .
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THE PRACTICE OF THE HIGH COURT OF CHANCERY.
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All who buy the one should buy the other.” Canada Law Journal.
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SIR G. COOKE'S COMMON PLEAS REPORTS
? In the Reigns of Queen Anne, and Kings George I. and II.
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so long as Stevens and Haynes are willing to con- modern publishers, whose good taste is only equalled
tinue them or revive them when dead . It is cer by their enterprise." - Canada Law Journal.
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tainly surprising to see with what facial accuracy
5 BROOKE'S NEW CASES WITH MARCH'S TRANSLATION .

In 8vo. , 1873, price 41. 45., calf antique,
BROOKE's (Sir Robert) New Cases in the time of Henry VIII. , Edward VI.,. and
Queen Mary, collected out of Brooke's Abridgment, and arranged under years,
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“Both the original and the translation having Stevens and Haynes have reprinted the two books
longbeen very scarce, and the mispaging and other in one volume, uniform with the preceding volumes
errors in March's translation making a new and of the series of Early Reports." - Canada Law
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.
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3rd tothe 9th year of His late Majesty King George II., during which time Lord
King was Chancellor, and the Lords Raymond and Hardwicke were Chief
Justices of England. To which are added, seventy New Cases not in the First
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Charles II., with Directions to Justices of the Peace, and others ; to which are
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the Queen and Mawgridge. Third Edition, containing several additional Cases
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INGS IN CASES OF High TREASON, first published in 1793. The whole carefully
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Barrister-at- Law .
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important and valuable of the unique reprints of to the profession. Should occasion arise, the
Messrs. Stevens and Haynes. Little do we know Crown prosecutor as well as counsel for the prisoner
of the mines oflegal wealth that lie buried in the will find in this volume a complete vade mecum of
old law books. Buta careful examination,eitherof the law of high treason and proceedings in relation
the reports or of the treatise embodied in the volume thereto ." - Canada Law Journal.
now before us, will give the reader some idea of the
36 STEVENS & HAYNE3, BELL YARD , TEMPLE BAR .
In one volume, Sro, price 235., cloth ,

A CONCISE TREATISE ON
Private International Jurisprudence,

BASED ON THE DECISIONS IN THE ENGLISH COURTS.
BY JOHN ALDERSON FOOTE,
Of Lincoln's Inn, Barrister-at- Law ; Chancellor's Legal Medallist and Senior Whewell
Scholar of International Law Cambridge University, 1873 ; Senior Student in
Jurisprudence and Roman Law , Inns of Court Examination Hilary Term , 1874.
“ This work seems to us likely to prove of considerable use to all English lawyers who have to deal with
questions of private international law . Since the publication of Mr. Westlake's valuable treatise, twenty
years ago, the judicial decisions of English courts bearing upon different parts of this subject have greatly
increased in number, and it is full time that these decisions should be examined , and that the conclusions
to be deduced from them should be systematically set forth in a treatise. Moreover, Mr. Foote has done
this well." - Solicitors' Journal.
" Mr. Foote has done his work very well, and the book will be useful to all who have to deal with the
class of cases in which English law alone is not sufficient to settle the question ." - Saturday Review ,
March 8 , 1879.
“ The author's objeet has been to reduce into order the mass of materials already accumulated in the
shape of explanation and actual decision on the interesting matter of which he treats ; and to construct a
framework of private international law , not from the dicta of jurists so much as from judicial decisions in
English Courts which have superseded them . And it is here, in compiling and arranging in a concise
form this valuable material, that Mr. Foote's wide range of knowledge and legal acumen bear such good
fruit. As a guide and assistant to the student of international law , the whole treatise will be invaluable ;
while a table of cases and a general index will enable him to find what he wants without trouble . "
Standard .
“ The recent decisions on points of international law ( and there have been a large number since Westlake's
publication) have been well stated. So far as we have observed, no case of any importance has been
omitted, and the leading cases have been fully analyeed . The author does not hesitate to criticise the
grounds of a decision when these appear to him to conflict with the proper rule of law . Most of his
criticisms seem to us very just. . . On the whole we can recommend Mr. Foote's treatise as a useful
addition to our text-books,'and we expect it will rapidly find its way into the hands of practising lawyers."
- The Journal of Jurisprudence and Scottish Law Magazine.
"Mr. Foote has evidently borne closely in mind the needs of Students of Jurisprudence as well as those
of the Practitioners. For both, the fact that his work is almost entirely one of Case-law , will commend
it as one useful alike in Chambers and in Court." -- Law Magazine and Review .
“ Mr. Foote's book will be useful to the student, .... One of the best points of Mr. Foote's book
is the ' Continuous Summary,' which occupies about thirty pages, and is divided into four parts — Persons,
Property, Acts, and Procedure. Mr. Foote remarks that these summaries are not in any way intended as
an attempt at codification. However that may be, they are a digest which reflects high credit on the
author's assiduity and capacity. They are meant merely to guide the student ; ' but they will do much
more than guide him . They will enable him to get such a grasp of the subject as will render the reading
of the text easy and fruitful. " - Law Journal.
“ This book is well adapted to be used both as a text -book for students and a book of reference for
practising barristers." —Bar Examination Journal.
“This is a book which supplies the want which has long been felt for a really good modern treatise on
Private International Law adapted to the every-day requirements of the English Practitioner. The
whole volume, although designed for the use of the practitioner, is so moderate in size - an octavo of 500
pages only—and the arrangeme and development of the subject so well conceived and executed , that it
will amply repay perusal by those whose immediate object may be not the actual decisions of a knotty
point but the satisfactory disposal of an examination paper." - Oxford and Cambridge Undergraduates'
Journal.
“ Since the publication, some twenty years ago, of Mr. Westlake's Treatise , Mr. Foote's book is, in
our opinion, the best work on private international law which has appeared in the English language. .
The work is executed with much ability, and will doubtless be found of great value by all persons who
have to consider questions on private international law .'- Athenæum .
THE
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1.
The late Baron Cleasby. By the Hon. George Denman.
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GOOD HOPE. Vol. I. , Vol. II. , Vol. III . 71. 75.
BUCHANAN (J. ) , Index and Digest of Cases decided in the SupremeCourt of the CAPE
OF GOOD HOPE, reported by the late Hon. WILLIAM MENZIES. Compiled
by JAMES BUCHANAN , Advocate of the Supreme Court. In One Vol., royal Svo.,
21s. cloth .
In 8vo . , 1878, price 21S ., cloth ,
PRECEDENTS IN PLEADING : being Forms filed of Record in
the Supreme Court of the Colony of the Cape of Good Hope. Collected and
Arranged by JAMES BUCHANAN.
In Crown 8vo ., price 31s. 6d ., boards,
THE INTRODUCTION TO DUTCHJURISPRUDENCE OF
HUGO GROTIUS, with Notes by Simon van Groenwegen van der Made, and
References to Van der Keesel's Theses and Schorer's Notes. Translated by
A. F. S. MAASDORP, B.A. , of the Inner Temple, Barrister -at-Law .
In 12mo., price 1os . 6d ., boards,
SELECT THESES on the LAWS of HOLLAND and ZEELAND.
Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and
intended to supply certain defects therein, and to determine some of the more
celebrated Controversies on the Law of Holland. By DIONYSIUS GODEFRIDUS
VAN DER KEESEL, Advocate, and Professor of the Civil and Modern Laws in
the Universities of Leyden. Translated from theoriginal Latinby C. A. LORENZ,
of Lincoln's Inn, Barrister-at-Law . Second Edition, with a Biographical Notice
of the Author by Professor J. DE WAL, of Leyden.
THE
Bar Examination Journal. No. 24. Price 38.
HILARY , 1880 .
CONTENTS :
SUBJECTS OF EXAMINATION.
EXAMINATION PAPERS, WITH ANSWERS.
REAL AND PERSONAL PROPERTY .
Equity.
COMMON LAW.
ROMAN LAW .
LIST OF SUCCESSFUL CANDIDATES.
INDEX AND TITLE TO VOL. IV.
Edited by
A. D. TYSSEN , D.C.L. , M.A. ,
1 Of the Inner Temple, Barrister-at-Law ; and
W. D. EDWARDS , LL.B. ,
Of Lincoln's Inn, Barrister -at-Law .
*** It is intended in future to publish a Number of the Journal after each
Examination .
Now published , in 8vo. , price 18., cloth.
THE BAR EXAMINATION JOURNAL, VOL. IV .

. Containing the Examination Questions and Answers from Easter Term , 1878, to
Hilary Term, 1880, with List of Successful Candidates at each examination,
Notes on the Law of Property, and a Synopsis of Recent Legislation ofimportance
to Students, and other information. By A. D. Tyssen and W. D. EDWARDS,
Barristers-at-Law .
In 8vo. , 1878, price 5s., cloth,
A SUMMARY OF JOINT STOCK
COMPANIES' LAW .
BY
T. EUSTACE SMITH ,
Student of the Inner Temple.
" The author of this handbook tells us that, when “ These pages give, in the words of the preface,
an articled student reading for the final examina- ' as briefly and concisely as possible, a general
tion, he felt the want of such a work as that before view both of the principles and practice of the law
us, wherein could be found the main principles of affecting companies.' The work is excellently
law relating to joint-stock companies.. . . Law printed, and authorities are cited ; but in no case
students may well read it ; for Mr. Smith has very
:
is the very language of the statutes copied. The
wisely been at the pains of giving his authority for plan is good, and shows both grasp and neatness ;
all his statements of the law or of practice, as applied and,both amongst students and laymen ,Mr.Smith's
to joint- stock company business usuallytransacted book ought to meet a ready sale ." -Law Journal.
in solicitors' chambers. In fact, Mr. Smith has “ The book is one from which we have derived
by his little book offered a fresh inducement to a large amount of valuable information, and we can
students to make themselves at all events, to some heartily and conscientiously recommend it to our
extent - acquainted with company law as a separate readers." -- Oxford and Cambridge Undergradu
branch of study." - Law Times . ates' Journal.
In 8vo. , price 125., cloth,

THE LAW OF NEGLIGENCE,
SECOND EDITION.
By Robert CAMPBELL, of Lincoln's Inn, Barrister -at-Law , and Advocate
of the Scotch Bar.
“ A new edition has appeared of Mr. Campbell's when compared with the numbers of indifferent
excellent work on ' The Law of Negligence,' in ones which annually issue from the press , we bis
which no pains have been spared in collectingcases, the profession will be thankful to the author of this
and the style of which is clear and easy .” - Satur- new edition brought down t date . It is indeed an
day Review able and scholarly treatise on a somewhat dižch
" No less,anMarch 8, 1879.
authority than the late Mr. Justice branch of law , in the treatment of which the
Willes, in his Judgment in Oppenheim v. White author's knowledge of Roman and Scotch Jenter
Lion Hotel co., characterised Mr. Campbell's prudence has stood him in good stead . We con
* Law of Negligence as a very good book '; and fidently recommend it alike to the student and ex
since very good books are by no means plentiful, practitioner.". - Law Magazine.
BIBLIOTHECA LEGUM .
In 12mo. (nearly 400 pages ), price 25., cloth,

A CATALOGUE OF LAW BOOKS,
[acluding all the Reports in the various Courts of England, Scotland, and Ireland ; with
a Supplement to January, 1878. By Henry G. STEVENS and ROBERT W.
Haynes, Law Publishers and Booksellers ; Exporters of Law and Miscellaneous
Literature ; Foreign and Colonial Literary Agents, &c. & c .
In small 4to., price 25., cloth, beautifully printed, with a large margin , for the
special use of Librarians,
A CATALOGUE OF THE REPORTS
IN THE VARIOUS COURTS OF THE
UNITED KINGDOM of GREAT BRITAIN and IRELAND.

ARRANGED BOTH IN ALPHABETICAL AND CHRONOLOGICAL ORDER.
BY STEVENS & HAYNES, Law Publishers.
In royal 8vo., price 28s., cloth,
AN INDEX TO
TEN THOUSAND PRECEDENTS IN CONVEYANCING, AND TO
COMMON AND COMMERCIAL FORMS.

Arranged in Alphabetical order with Subdivisions of an Analytical Nature ; together
with an Appendix containing an Abstract of theStamp Act, 1870, with a Schedule
of Duties ;the Regulations relative to, and the Stamp Duties payableon, Probates
of Wills, Letters of Administration, Legacies, and Successions. By WALTER
ARTHUR COPINGER, of the Middle Temple, Barrister-at-Law, Author of " The
Law of Copyright in Worksof Literature and Art."
In 8vo., Fourth Edition , price 6s., cloth , THE
MARRIED WOMEN'S PROPERTY ACTS ;

THEIR RELATIONS TO THE DOCTRINE OF SEPARATE USE.
With Appendir of Statutes and Forms.
By the late J. R. GRIFFITH , B.A., Oxon, of Lincoln's Inn, Barrister -at-Law . Fourts
Edition . By W. GREGORY WALKER, of Lincoln's Inn, Barrister-at- Law ;
Author of " A Manual of the Law of Partition ," & c .
“ The subject of this little treatise is one which is of every day interest andpractical importance, and
the public and practitioner will find in this edition a brief but pithy statement ofthe laws, comprising the
Acts themselves, and the Cases bearing upon their construction .” — Law Times.
In octavo, price Is.
THE " SIX CLERKS IN CHANCERY ;"

Their SUCCESSORS IN OFFICE, and the “ HOUSES ” they lived in. A Remi.
niscence . By Thomas W. BRAITHWAITE, of the Record and Writ Clerks' Office.
" The removal of the Record and Writ Office to the new building, has suggested the
publication of an interesting and opportune little piece of legal history ."—Solicitors'
Fournal.
" _
“Should reach the hands of everybody who take any interest in legal lore.
Courier .
“ We can cordially recommend for general perusal Mr. Braithwaite's pamphlet, which
merits perusal for the reason that it gives an admirable account of, perhaps, the most
ancient office in the Civil Service of the Crown .” — Civil Service Gazette .
Second Edition in one volume of 1,000 pages, royal 8vo., price 508., cloth,
PEMBERTON
ON
JUDGMENTS AND ORDERS .

BEING
A TREATISE UPON THE JUDGMENTS, DECREES,

AND ORDERS
OF THE COURT OF APPEAL AND HIGH COURT OF JUSTICE,
Chiefly in reference to Actions assigned to the Chancery Division.
WITH COMPLETE FORMS OF ORDERS.
Second Edition, considerably enlarged .

BY LOFTUS LEIGH PEMBERTON,
One of the Registrars of the Supreme Court of Judicature ;
66
Author of " The Practice in Equity by way of Revivor and Supplement."
REVIEWS OF THE FIRST EDITION .
" This is a work with an unpretending title, which in reality contains much more than would naturally
beinferred from its title page. :: . Theworkbefore uscontains, notonly acopious and well-selected
assortment of precedents, taken in every instance from orders actuallymade (and with proper references
to the reports in all instances of reported cases ), but also a series of notes, in which the result of the
leading cases is succinctly given in a highly -convenient, though somewhat fragmentary, form ; by the
light of which the practitioner will, in allordinary cases, be easilyable to adapt the opposite precedent
to the general circumstances of his own case. We consider the book one of great merit and utility, and
we confidently recommend it to the consideration of the Profession .” - Solicitors Journal.
"This volume, Mr. Pemberton tells us, is the result of labour commenced so long ago as 1869. It has
had the benefit, therefore, of patient care, and patience and care having been backed up byextensive
knowledge and keen discrimination, a work has been produced which , whilst it is not likely to bring its
author any high reward, must permanentlyrecord his name in legalliterature, andprove to the Profession
and theBench a very decided acquisition.
“ Mr. Pemberton has digested the cases without expressing any opinion as to their soundness or applica
bility-not giving head notes, as too many text writers are fond of doing, without taking the trouble to
consider whether thereporter has correctly epitomised the case, but stating in a few words the effect of
cach decision. This makes the work a compendium of case law on the various subjects comprehended in
it. How comprehensive it is we find it impossible accurately to represent to our readers without setting
out the table of contents . We have looked through it more than once ; we have carefully examined the
citations, and we have formed the very highest opinion of the plan of the work and its execution ,
and we feel that Mr. Pemberton has placed the entire profession under a lasting obligation." - Law Times.
“The operation of the Judicature Acts, with the new rules and orders, not only made an opportunity for,
but even necessitated, a new publication of forms ofjudgments and orders. We may safely say that Mr.
Loftus Leigh Pemberton's work, in ouropinion, should take its rank among the most valuable publications
that have been issued of late." - Law Journal.
A CONCISE TREATISE ON THE STATUTE LAW
OF THE
LIMITATIONS OF ACTIONS.
With an Appendix of Statutes, Copious References to English, Irish, and American Cases,
and to the French Code, and a Copious Index.
BY HENRY THOMAS BANNING, M.A.,
OF THE INNER TEMPLE , BARRISTER -AT-LAW .
“ In this work Mr. Banning has grappled with one of the most perplexing branches of our statute law .
The law, as laid down by the judicial decisions on the various Statutes of Limitations, is given in thirty
three short chapters under as many headings, and each chapter treats of a sub-division of one of the main
branches of the subject; thus we have ten chapters devoted to real property. This arrangement entails a
certain amount of repetition, but is not without its advantages, as the subject of each chapter is tolerably
exhaustively treated of within the limits of a few pages. We think that in this respect the author has
exercised a wise discretion . So far as we have tested the cases cited, the effect of the numerous decisions
appears to be accurately given - indeed , the author has, as we are informed in the preface, so far as is
consistent with due brevity, employed the ipsissima verba of the tribunal;' and the cases are brought down
to a very recent date . .... The substance of the book is satisfactory ; and we may commend it
both to students and practitioners." --Solicitors'Journal.
“ Mr. Banning's ;‘Concise Treatise ' justifies its title. He brings into a convenient compass a general
view of the law asto the limitation of actions as it exists under numerous statutes, and a digest of the
principal reported casesrelating to the subject
which have arisen intheEnglishand American courts."--
Saturday Review .
“ Mr. Banning has adhered to the plan of printing the Acts in an appendix , and making his book a
running treatise on the case -law thereon. The cases have evidently been investigated with care and
digested with clcarness and intellectuality ." — Law Journal.
THE TRADE MARKS REGISTRATION ACT, 1875,
And the Rules thereunder ; THE MERCHANDISE MARKS ACT, 1862, with an
Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS,
together with practical Notes and Instructions, and a copious INDEX. By
EDWARD MORTON DANIEL, of Lincoln's Inn, Barrister-at-Law .
“ The last of the works on this subject, that by Mr. Daniel, appears to have been very carefully done.
Mr. Daniel's book is a satisfactory and useful guide." -- The Engineer.
" This treatisecontains, within moderatecompass, the wholeofthe law, as far as practically required ,
on the subject of trade marks. The publication is opportune, the subject being onewhich must nearly
concern a considerable portion of the public, and it may be recommended to all who 'desire to take
advantage of the protection afforded by registration under the new legislation . It is practical, and seems
to be complete in every respect. The volume is well printed and neally got up." - Law Times.
In 8vo. , price Is ., sewed,
AN ESSAY ON THE
ABOLITION OF CAPITAL PUNISHMENT .
Embracing more particularly an Enunciation and Analysis of the Principles of Law as
applicable to Criminals of the Highest Degree of Guilt.
By WALTER ARTHUR COPINGER,
OF THE MIDDLE TEMPLE, Esq. , BARRISTER-AT-LAW ;
Author of " The Law of Copyright in Works of Literature and Art,” “ Index to
Precedents in Conveyancing,” “ On the Custody and Production of Title Deeds."
“ Wecan recommend Mr. Copinger's book ascontaining the fullest collection we have seen of facts and
quotationsfrom eminent jurists, statistics, and general information bearing on the subject of capital
punishment." -- Manchester Courier.
In one volume, 8vo., price 155. , cloth,
A TREATISE ON THE
LAW OF REVIEW IN CRIMINAL CASES.
WITH A COMMENTARY
ON THE SUMMARY PROCEDURE ACT, 1864, AND THE SUMMARY
PROSECUTIONS APPEALS ( SCOTLAND) ACT, 1875.
WITH AN APPENDIX
CONTAINING THE STATUTES ; WITH NOTES AND CASES.
BY THE HON. HENRY J. MONCREIFF,
ADVOCATE.
In 8vo., price 6s., cloth,
THE PARTITION ACTS, 1868 AND 1876.

A MANUAL OF THE
LAW OF PARTITION AND OF SALE IN LIEU OF PARTITION .
With the Decided Cases, and an Appendix containing Decrees and Orders.
By W. GREGORY WALKER,
OF LINCOLN'S INN , BARRISTER -AT -LAW , B.A. AND LATE SCHOLAR OF EXETER COLLEGE , OXFORD .
" This is a very painstaking and praiseworthy and of sale in lieu of partition, and with the decided
little treatise. That such a work has now been cases and an appendix containing decrees and
published needs, in fact, only to be announced ; orders. There are so many actions under the Par.
for, meeting as it does an undoubted requirement, tition Acts, that there is little doubt this small
it is sure to secure a place in the library of every volume, containing as it does not merely references
equity practitioner. . ... We are gratified to be to all the reported cases, but the pith of the deci.
able to add our assurance that the practitioner will sions extracted therefrom , will prove exceedingly
find that his confidence has not been misplaced , and useful. The appendix of decrees and orders,taken
that Mr. Walker's manual, compact and inexpen- from the registrar's books kept in the Report Office,
sive as it is, is equally exhaustive and valuable." will be of great service to solicitors and counsel in
Irish Law Times. settling minutes. Several of the judgments quoted
" This handy -book contains the above-mentioned will also help to keep those who have the conduct
Partition Acts, with a manual of the law of partition , of partition suits in the right road . " - Law Journal,
In 8vo ., price 21s. , cloth ,
A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS ,
BY ARCHIBALD H. SIMPSON , M.A. ,
Of Lincoln's Inn , Esq., Barrister-at-Law , and Fellow of Christ's College, Cambridge.
"Mr. Simpson's book comprises the whole of the able to test it, the work omits no point of any im .
law relating to infants, both as regards their per portance, from the earliest cases to the last. In
sons and their property, and we have not observed the essential qualities of clearness, completeness,
any very important omissions. The author has and orderly arrangement it leaves nothing to be
evidently expended much trouble and care upon desired .
his work, and has brought together, in a concise “ Lawyers in doubt on any point of law or prac
and convenient form , the law upon the subject down tice will find the information they require, if it can
to the present time.” - Solicitors' Journal. be found at all , in Mr. Simpson's book , and a
“ Its law is unimpeachable. We have detected writer of whom this can be said may congratulate
no errors , and whilst the work might have been himself on having achieved a considerable success."
done more scientifically, it is, beyond all question , -Law Magazine, February , 1876.
a compendium of sound legal principles." -- Law “ The reputation of Simpson on Infants ' is
Times. now too perfectly established to need any enco
" Mr. Simpson has arranged the whole of the Law miums on our part ; and we can only say that, as
relating to Infants with much fulness of detail, and the result of our own experience, we have invariably
yet in comparatively little space. The result is found this work an exhaustive and trustworthy
due mainly to the businesslike, condensation of his repertory of information on every question con
style. Fulness, however, has by no means been nected with the law and practice relating to its
sacrificed to brevity, and, so far as we have been subject." - Irish Law Times, July 7, 1877.
In 8vo. , price 6s., cloth,
THE LAW CONCERNING THE
REGISTRATION OF BIRTHS AND DEATHS
IN ENGLAND AND WALES, AND AT SEA .
Being the whole Statute Law upon the subject ; together with a listof Registration Fees
and Charges. Edited with Copious Explanatory Notes and References, and an
Elaborate Index. By ARTHUR JOHN FLAXMAN, of the Middle Temple,
Barrister- at -Law .
“ Mr. Flaxman's unpretentious but admi. tration of Births and Deaths ' will admit that our
rable little book makes the duties of all parties laudatory criticism is thoroughly merited ." - Law
under the Act abundantly clear. .
Lawyers Journal.
will find the book notonlyhandy, butalso instruc- " Mr. Arthur John Flaxman, barrister-at-law , of
tive andsuggestive. To registrars, and allpersons the Middle Temple, has published a small work on
engaged in the execution of the law , the book will " The Law Concerning the Registration of Births
be invaluable . The index occupies thirty - five pages, and Deaths in England and Wales, and at Sea .'
and is so full that information on a minute point can Mr. Flaxman has pursued the only possible plan,
be obtained without trouble. It is anindexthat giving the statutes and references to cases. The
must have cost the author much thought and time. remarkable feature is the index , which fills no less
The statements of what is to be done, who may do than 45 out of a total of 112 pages. The index
it, and whatmust not be done, are so clear that it alone would be extremely useful, and is worth the
is wellnigh impossible for any one who consults money asked for the work . " - Law Times.
the book to err. Those who use . Flaxman's Regis .
THE LAW OF EXTRADITION .
Second Edition , in 8vo., price 18s., cloth ,

A TREATISE UPON
THE LAW OF EXTRADITION .

WITH THE
CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN

ENGLAND AND FOREIGN NATIONS,
AND
THE CASES DECIDED THEREON .

BY EDWARD CLARKE,
OF LINCOLN'S INN, BARRISTER -AT - LAW , AND LATE TANCRED STUDENT.
“ Mr. Clarke's accurate and sensible book is the best authority to which the English
reader can turn upon the subject of Extradition ." - Saturday Review .
“ The opinion we expressed of the merits of this work when it first appeared has been
fully justified by the reputation it has gained. This new edition, embodying and ex •
plaining the recent legislationon extradition, is likely tosustain that reputation.
There are other pointswe had marked for comment, but we must contentourselves with
heartily commending this new edition to the attention of the profession. It is seldom we
come across a book possessing so much interest to the general reader and at the same
time furnishing so useful a guide to the lawyer." - Solicitors' Journal.
“ The appearance of a second edition of this treatise does not surprise us. It is a
useful book,well arranged and well written. A student who wants to learn the principles
and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers
who have extradition business will find this volume an excellent book of reference.
Magistrates who have to administer the extradition law will be greatly assisted by a
careful perusal of Clarke upon Extradition. This may be called a warm commenda
tion, but those who have read the book will not say it is unmerited. We have so often
to expose the false pretenders to legal authorship that it is a pleasure to meet with a
volume that is the useful and unpretending result of honest work . Besides the Appendix,
which contains the extradition conventions of this country since 1843, we have eight
chapters. The first is Upon the Duty of Extradition ; ' the second on the ' Early
Treaties and Cases ; ' the others on the law in the United States, Canada, England, and
France, and the practice in those countries.” — Law Journal.
' One of the most interesting and valuable contributions to legalliterature which it
has been our province to notice for a long time, is ' Clarke's Treatise on the Law of
Extradition . ' . Mr. Clarke's work comprises chapters upon the Duty of
Extradition ; Early Treaties and Cases ; History of the Law in the United States, in
Canada, in England, in France, &c., with an Appendix containing the Conventions
existing between England and Foreign Nations, and the Cases decided thereon.
The work is ably prepared throughout, and should form a part of the library of every
lawyer interested in great Constitutional or International Questions." — Albany Law
Journal.
THE TIMES of September 7, 1874, in a long article upon “ Extradition Treaties,"
makes considerable use of this work, and writes of it as “ Mr. Clarke's useful Work
on Extradition .”
In 8vo., 1876, price 8s., cloth,

THE PRACTICE AND PROCEDURE IN APPEALS
FROM INDIA TO THE PRIVY COUNCIL.
By E. B. MICHELL and R. B. MICHELL, Barristers-at-Law .
“ A useful manual arranging the practice in convenient order, and giving the rules in force in several
Courts . Itwill bea decided acquisition to thoseengagedin Appealsfrom India ." - Law Times.
PRACTICE OF CONVEYANCING .
In 8vo ., price 25. 6d., cloth,
TABLES OF STAMP DUTIES
FROM 1815 TO THE PRESENT TIME.
BY
WALTER ARTHUR COPINGER ,

OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-AT- LAW ;
Author of “ The Law of Copyright in Works of Literature and Art , " " Index to Precedents in
;' “ Title Deeds," & c.
Conveyancing,"
Conveyancers owe Mr. Copinger a debt of September, 1815 , to the roch of October, 1850 , and
gratitude for his valuable Index to Precedents in then tables of ad valorem duties payable on the
Conveyancing ; and we think the little book now three classes of instruments since the last-mentioned
beforeus will addto their obligations. Mr. Copinger date,and at the present time ; arranged very clearly
gives, first of all , an abstract of the Stamp Act, in columns. We cannot pretend to have checked
1870 , with the special regulations affecting con- the figures, but those we have looked at are correct :
veyances, mortgages, and settlements in full . He and we think this little book ought to find its way
then presents in a tabular form the ad valorem into a good many chambers and offices." - Soli
stamp duties on conveyances, mortgages, and citors' Journal,
settlements, payable in England from the 1st of
“ This book, or at least one containing the same amount of valuable and well-arranged
information , should find a place in every Solicitor's office. It is of especial value when
examining the abstract of a large number of old title deeds.” — LAW TIMES.
“ Mr. W. A. Copinger, so well known for his His Tables of Stamp Duties, from 1815 to 1878,
work on Title Deeds, was eminently calculated to have already been tested in Chambers, and being
assist the practitioner in unravelling the perplexities now published, will materially lighten the labours
often surrounding the question of the due Stamping of the profession in a tedious department, yet one re
of Deeds , set out in Abstracts laid before Counsel. quiring great care. " -- Law Magazine and Review .
In one volume, 8vo., price 145., cloth ,
Title Deeds :
THEIR CUSTODY, INSPECTION ,, AND PRODUCTION ,
at Law , in Equity and in Matters of Conveyancing,
Including Covenants for the Production of Deeds and Attested Copies ;with an Appendix
of Precedents, the Vendor and Purchaser Act , 1874, &c . , & c., &c. By Walter
Arthur COPINGER, of the Middle Temple, Barrister-at-Law ; Author of " The
Law of Copyright” and “ Index to Precedents in Conveyancing."
" In dealing with documentary evidence at large, and we content ourselves with recommend
law and in equity and in matters of conveyancing, ing it to the profession ." -- Law Times.
including covenants for the production of deeds “ A really good treatise on this subject must be
and attested copies,' Mr. Copinger has shown essential to thelawyer ; and this is what we have
discrimination, for it is a branchof the general here. Mr. Copinger has supplied a much -felt want
subject of evidence which is very susceptible of by the compilation of this volume. We have not
independent treatment. We are glad, therefore, space to go into thedetails of the book ; it appears
to be able to approve both of the design and the well arranged , clearly written , and fullyelaborated .
manner in which it has been executed . With these few remarks we recommend this volume
“ The literary execution of the work is good to our readers." - Law Journal.
enough to invite quotation , but the volume is not
In one volume, 8vo. , 1870, price cloth ,
THE LAW OF COPYRIGHT,

In Works of Literature and Art ; including that of the Drama, Music, Engraving,
Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together
with International and Foreign Copyright, with the Statutes relating thereto,
and References to the English and American Decisions. By WALTER ARTHUR
COPINGER, of the MiddleTemple, Barrister -at - Law .
" A book that is certainly the most complete trea. " The book is a thoroughly good one."- The
tise upon the complex subject of copyright which Bookseller .
has ever been published in England." --Athenæum . “ We refer our readers to this capital book
“ A work much needed , and which he has done on Copyright."- The Publishers' Circular .
exceedingly well." - American Law Review .
Second Edition in preparation .
A MAGISTERIAL & POLICE GUIDE:

Being the Statute Law ,
INCLUDING THE SESSION OF 1879,
WITH NOTES AND REFERENCES TO THE DECIDED CASES,
RELATING TO THB
PROCEDURE, JURISDICTION, AND DUTIES OF MAGISTRATES

AND POLICE AUTHORITIES,
IN THE METROPOLIS AND IN THE COUNTRY.
With an Introduction showing the General Procedure before Magistrates
Summary
both in Indictable and as altered by the Summary
Matters,
Jurisdiction Act, 1879 together with the Rules under the said Act,
BY HENRY C. GREENWOOD ,
Stipendiary Magistrate for the District
AND
of the Staffordshire Potteries;;
TEMPLE C. MARTIN ,
Chief Clerk of the Lambeth Police Court.
NOTICES OF THE FIRST EDITION ,

“ For the form of the work we have nothing but commendation. Wemay say we have
here our ideal law book . It may be said to omit nothing which it ought to contain ."
Law Times.
“ This handsome volume aims at presenting a comprehensive magisterial handbook
for the whole of England. The mode of arrangement seems to us excellent, and is well
carried out.” — Solicitors' Journal.
“ As to the care with which the work has been executed, a somewhat minute exam
nation of three or four of the divisions enables us to speak on the whole favourably."
Solicitors' Journal.
“ Great pains have evidently been taken in every part of the work to ensure correc ...
ness ; and this quality, together with that of its great comprehensiveness, can scarcely
fail to render this guide to procedure before magisterial and police authorities eminently
acceptableto the many classes of persons to whom fulland accurate information on the
subject it deals with is often of the utmost importance.” — Morning Post.
“ The Magisterial and Police Guide, by Mr. Henry Greenwood and Mr. Temple
Martin, is aa model work in its conciseness, and, so far as we have been able to test it,
in completeness and accuracy. It ought to be in the hands of all who, as magistrates or
otherwise , have authority in matters of police.” — Daily News.
“ Both to justices and practitioners desirous of obtaining a book of reference giving
the present practice ofthe courts, this book will be found of great service — nay, almost
invaluable.” — Liverpool Mercury.
“ Mr. Greenwood, stipendiary magistrate in the Staffordshire Potteries district, and
Mr. Martin, of the Southwark Police Court, have produced a portly magisterial hand
book applicable to the wholeof England. It contains all the statute law relating to the
procedure, jurisdiction, and duties of magistrates and police authorities, with notes and
references to recent decisions, and appears to be put together, as might be expected
from the professional experience of the authors, in athorough and businesslike manner.
-Saturday Review .
* This work is eminently practical, and supplies a real want. It plainly
and concisely states the law on all points upon which Magistrates are called
upon to adjudicate, systematically arranged , so as to be easy of reference: It
ought to find a place on every Justice's table, and we cannotbut think that its
usefulness will speedily ensure for it as large a sale as its merits deserve."
-Midland Counties Herald .
“The exceedingly arduous task of collecting together all the enactments on the subject
has been ably and efficiently performed, and the arrangement is so methodical and precise
that one is able to lay a finger on a Section of an Act almost in a moment. It is won
derful what a mass of information is comprised in so comparatively small a space. We
have much pleasure in recommending the volume not only to our professional but also to
our general readers ; nothingcan be more useful to the public than an acquaintance with
the outlines of magisterial jurisdiction and procedure.” - Sheffield Post.
STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 47
0 MLM
Now ready, in One Vol., 8vo., price 125., cloth.
POLICE CITIES A COMPENDIUM of ROMAN LAW ,

FOUNDED ON THE INSTITUTES OF JUSTINIAN :
te late, TOGETHER WITH
SON OF 1874
O THE DECIDED EXAMINATION QUESTIONS
SET IN THE UNIVERSITY AND BAR EXAMINATIONS
* TIES OF MARYLAND ( WITH SOLUTIONS ),
RITIA And Definitions of Leading Terms in the Words of the
97 VTT Principal Authorities.
Procedure before BY GORDON CAMPBELL,
23 altered by 0.6T
les under the sub of the Inner Temple, M.A., late Scholar of Exeter College, Oxford ; M.A.
Trinity College, Cambridge ; Author of “An Analysis of Austin's
OOD in Jurisprudence, or the Philosophy of Positive Law . ”
SWtefodel, Preto
“ Mr. Campbell, in producing a compendium of in English of Roman law , interspersed with such
the Roman law , has gone to the best English works comments taken from the above authors and editors
IN ,urt already existing on the subject, and has made ex- as serve to render clearer and to rectify , when
Co cellent use of the materials found in them . The necessary, the main principles and definitions which
N volume is especially intended for the use of students are founded in that law . Thus in the opening page we
T EDITIO who have to pass an examination in Roman law ,
and its arrangement with a view to this end appears
have Ulpian's definition of justiceand jurisprudence ,
followed by Austin's objection to those definitions,
Gation Wespen bat this shoulddo much to prevent the evil system of
very good . The existence of text-books such as namely that they would embrace not only law but
positive morality and the test to which both are to
which itought to cramming." - Saturday Review . be referred . Again, the definition of an action
“ This compendium is, in the wordsof thepreface, given in Justinian is contrasted with a quotation
sessie matri 'bhai intended for those students at the Universities and from the student's Austin ; and the same plan is
i to usacea ,sisi the Inns of Courts who have to pass an examination adopted throughout the Compendium. This plan
in Koman Law .' In its preparation the author has will undoubtedly be of service to students of the
made use of the works to which those students are civil law . There is a very useful appendix con
generally required to give their attention, such as taining questions taken , for the most part, from
z the wžete hamarabb
Sander's Justinian, Poste's Gaius, Maine's Ancient papers set at examinations at the Universities and
Law, Austin's Jurisprudence, and similar publi- in the Bar examinations, and some definitions and
d
ions. Practically this compendium is an analysis descriptions of leading terins." - Law Times .
he work ttao G
s o
hasira eesn later
ke authori ra
ti nd MINING LAWS OF THE UNITED STATES.
a
urate infi o te
In 8vo ., price 75. 6d ., cloth ,
woodPlasatindMi, Tante
ave been to
asty s தும்
Titles to Mines in the United States, WITH THE
ak of reference on Statutes and References to the Decisions of the Courts

o
serti es , relating thereto.
otteri dirstianalce and
y magisatte ia waste By W. A. HARRIS, B.A., Oxon.,
''Freihh sis thed
tis , rit nt an d Of Lincoln's Inn, Barrister -at-Law , and of the American Par.
ght ecte
mi kexp r “We have merely sketched the contents of this a member of the American Bar, and he has had
since she manne . interesting volume, and though the author apolo much experience in American and Anglo -American
Buodin the preface for its incompleteness, we are Mining Law.
to admit that we cannot suggest any point “ He has now collated such of the mining laws
on which information on this subject could be of the United States as are likely to be of import
desired that it has been withheld . Mr. Harris may ance to English mining adventurers who invest in
be credited with having done his best to simplify American mines.
thint that its the American mining laws, and in so doing has
earned the thanks of all persons interested in the
“ The information is very comprehensive, and
seems to embrace all things pertinent to the subject.
e
mit derz " subject." - The Mining World . The case of the ' Emma ' Mine has drawn much
" It is carefully and thoroughly written through attention to the American mining law, and Mr.
out, and the information given , whilst it is brief Harris' work will be found an excellent exponent."
son the subjecet and free from technicalities, will prove ample for -London Iron Trade Exchange.
cal and precis the professional man who may be called upon to
transact legal business connected with American
“This is a most valuable work - indeed , we
ol. It is nog might say indispensable - for legal gentlemen and
mines, and willbe found useful and interesting to investors in American landandmineral property,
ace the general reader.” - The Mining Journal. and the author is well qualified to give the informa
a2lsbparmaete to * The author is an English barrister, who is also tion and advice needed." - The Colliery Guardian .
a t i with
z
STEVENS & HAYNES, BELL YARD, TEMPLE BAR .
48
INDEX to the NAMES of AUTHORS and EDITORS

of WORKS enumerated in this Catalogue.
ARGLES (N. ) , page 32. HIGGINS (C.), page 30 .
BALDWIN ( E. T. ) , 15 HOUSTON (J. ), 32.
BANNING ( H. T. ) , 42. INDERMAUR (JOHN) , 24 , 25.
BARTON (G. B. ), 18. JONES (E.), 14 .
BELLEWE (R. ) , 34. JOYCE (W.), 11 .
BRAITHWAITE (T. W. ) , 41 .
BRICE (SEWARD) , 8, 16. KAY (JOSEPH), 17.
KELYNG ( SIR J. ), 35.
BROOKE ( SIR R. ), 35 .
BROWN (ARCHIBALD), 20, 22, 26. KELYNGE (W.), 35.
BROWNE (J. H. BALFOUR) , 19. LLOYD (EYRE) , 13, 15.
BUCHANAN, (J.), 38. LOCKE (J. ), 32.
BUCKLEY ( H. B. ) , 17. LORENZ (C. A. ), 38.
BUCKNILL (T. T.) , 34. 35. LOVELAND (R. L. ), 6, 10, 30, 34 , 35.
BUSHBY ( H. J. ), 33. MAASDORP (A. F. S.), 38.
CAMPBELL (GORDON ), 47. MARCH (JOHN), 35.
CAMPBELL ( ROBERT), 40. MARSH ( THOMAS ), 21 .
CLARKE ( EDWARD ), 44 . MARTIN (TEMPLE C.) , 46.
COGHLAN ( W. M.), 28. MATTINSON (M. W. ), 7.
COOKE ( SIR G. ), 35 . MAY ( H. W.), 29.
COOKE (HUGH) , 10. MAYNE (JOHN D. ), 31 , 38.
COPINGER (W. A.), 40, 42 , 45. MENZIES (W.), 38.
CORNER ( R. J.), 10. MICHELL (E. B. ) , 44 .
CUNNINGHAM (H. S. ), 38. MONCREIFF (H. J.), 42.
CUNNINGHAM (JOHN ) , 7. MORIARTY, 14 .
CUNNINGHAM (T.) , 34 . O'MALLEY (E. L. ), 33.
DANIEL (E. M.) , 42.
DEANE ( H. C.), 23. PEMBERTON (L. L.) , 32, 41 .
DE Wal (J. ) , 38. REILLY (F. S. ), 29.
EDWARDS (W. D. ), 39. RINGWOOD (R.), 15.
EVANS (G.), 32. ROBERTSON (A.), 41 .
FINLASON ( W. F. ) , 32. ROBINSON (W. G. ), 32.
FLAXMAN ( A. J. ) , 43. ROCHE (H. P.), 9.
FOOTE (J. ALDERSON ) , 36. SAVIGNY (F. C. Von), 20 .
FORSYTH (W. ), 12. SHORT (F. H. ) , 8, 10.
GIBBS ( F. W. ), ro. SHORTT (JOHN), 14.
GODEFROI (H.) , 14. SHOWER (SIR B.) , 34.
GOODEVE ( L. A.) , 29. SIMPSON (A. H.), 43.
GREENWOOD (H. C.), 46. SMETHURST (J. M.), 18.
GRIFFIN ( E. F.) , 38. SMITH (EUSTACE), 23, 39.
GRIFFITH (J. R. ) , 40. SMITH (LUMLEY), 31 .
GRIFFITH ( W. DOWNES) , 6. SNELL ( E. H. T. ), 22.
GROTIUS (HUGO) , 38 TARRANT, (H. J.), 14.
HALL ( R. G. ) , 30. TASWELL - LANGMEAD, 21.
HANSON (A. ) , 10 . THOMAS (ERNEST C. ), 28.
HARDCASTLE (H.) , 9, 33. TYSSEN (A. D. ), 39.
HARRIS ( SEYMOUR F.), 20, 27. VAN DER KEESEL (D. G.), 38.
HARRIS ( W. A.) , 47 .
HARWOOD ( R. G. ) , 10. WALKER (W. G.), 36, 43.
HAZLITT (W.), 9. WHITEFORD (F. M.), 20.
LONDON : PRIXTED BY WILLIAM CLOWES AND SONS , STAMFORD STREET AND CHARING CROSS.
(PLE BLR
and ED.
atalogue.
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NEW LAW DICTIONARY

Institute of the Whole Law .

NEW LAW DICTIONARY

Institute of the Whole Law.

FOR THE USE OF STUDENTS, THE LEGAL PROFESSION,

“Nosse quæ nunc aguntur in curiis, necque præterita ignorare."

THE RIGHT HONOURABLE

ROUNDELL BARON SELBORNE ,

“ THE NEW LAW DICTIONARY,"

TO THE SECOND EDITION.

bring out a Second Edition of the Dictionary.

TO THE FIRST EDITION (ABRIDGED ).

A New DICTIONARY of the Law appeared to the Author as likely to

À MENSÂ ET THORO. “ From board ABANDONMENT - continued.

ABATEMENT OF ACTIONS - continued . ABATEMENT OF RENT - continued .

ABEYANCE . This word as applied to ABILITY TO PAY - continued .

ABSTRACT OF TITLE - continued . ABSTRACT OF TITLE - continued .

ACCESSARY - continued . ACCESSIO - continued .

ACCOMMODATION WORKS — continued . ACCORD AND SATISFACTION - contd . C

ACCUMULATIONS — continued . ACCUMULATIONS — continued

ACCUMULATIONS — continued . ACKNOWLEDGMENT MONEY — contd .

ACQUIESCENCE - continued. ACT OF BANKRUPTCY- continued.

ACTION AND SUIT - continued . ACTUS CURIÆ NEMINEM LÆDIT

ADJUSTMENT OF ACCOUNTS - contd . ADMINISTRATION. The discharging of

ADMINISTRATOR - continued . ADMISSIBILITY OF EVIDENCE - Con

ADVANCEMENT - continued . AD VENTREM INSPICIENDUM - con

ETATE PROBANDÂ . A writ that used AFFIDAVIT OF DOCUMENTS : See title

AFFOREST (afforestare.) To turn ground AGENT.

AGER PUBLICUS - continued . AGRICULTURAL HOLDINGS ACT,

ALIBI - continued . ALIENATION - continued .

ALIENATION - continued . ALIMONY - continued .

ALLEGIANCE - continued . ALLEGIANCE-continued.

ALTERATIONS IN WRITTEN INSTRU. AMALGAMATE - continued .

AMENDS, TENDER OF-continued. ANCESTREL. Relating to one's ances

APPORTIONMENT OF RENT - contd . APPORTIONMENT OF RENT-contd.

He visits the clergy, and has his separate .

ARRAY. Signifies the ranking or setting ARREST- continued .

ARTICLED CLERK , Is a clerk under ASPORTATIS, DE BONIS : See title

ATTACHMENT - continued . ATTAINDER . The taint, stain , or cor

ATTORNEY, POWER OF - continued . ATTORNEY , POWER OF - continued .

AUCTIONEER . Under the stats, 8 & 9 AUTERFOIS ACQUIT. This is a plea

AUTRE VIE . A tenant for life is com AWAY-GOING CROP - continued .

BAIL-continued. BAILIFF - continued .

BANKRUPTCY - continued. BARE TRUSTEE. Is a trustee all whose

BARONY - continued . BARRATRY - continued .

Court is so termed . Each Inn of Court is be repaid. Strong sovereigns resorted to

BEYOND THE SEAS - continued . BILL IN CHANCERY - continued.

BIRDS, PROTECTION OF WILD - contd . BISHOPS, CASE OF THE SEVEN-con

lies by a mineral owner against an adjoin BREACH OF COVENANT. See title 1

ing mineral owner for the latter's working COVENANTS.

BREACH OF PROMISE OF MARRIAGE. BROKERS - continued .

BURGAGE TENURE — continued .

CALLING THE PLAINTIFF. It was CAMPBELL'S (LORD) ACT—continued.

CAPITA, DISTRIBUTION PER—contd. CAPITAL OR INCOME - continued .

CAPUT AND STATUS - continued . CARGO — continued .

CA. SA.: See title Capias AD SATISFA- ! CASU CONSIMILI - continued .

CERTIFICATE OF DISCHARGE - contd . CESSAT EXECUTIO- continued .

CHAMBERS- continued . CHAMBERS — continued .

CHANCERY - continued . CHANCERY JURISDICTION ACT, 1852

CHARITABLE PETITION - continued . CHARITABLE USES. Those objects

CHIROGRAPH . An instrument of gift CHLOROFORM. Administering this