A AVER ET TENER
L. Fr. (L. Lat. habendum et tenendum.) To have and to hold. Co. Litt. §§ 523, 524. A aver et tener a Iny et A ses heircs, a touts jours,—to have and to hold to him and his heirs forever. Id. $625. See Aver er TENER.
L. Fr. (L. Lat. habendum et tenendum.) To have and to hold. Co. Litt. §§ 523, 524. A aver et tener a Iny et A ses heircs, a touts jours,—to have and to hold to him and his heirs forever. Id. $625. See Aver er TENER.
of a corporation, for its government, and is a legislative act, and the solemnities and sanction required by the charter must be observed. <A resolution is not necessarily a Le steel though a beck ve may be in the form o...
From the heavens to the center of the earth.
(Lat. consilium, advice.) Of counsel; a counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, “Apocrisarius.”
a person is urged to do that which his judgment disapproves, and which, it is to be presumed, his will if left to ele) would reject. A man, thereore, is excused for those actions w are done through unavoidable force and ...
3, 4, 7. Literally, a4 whole formed out of many individvals. 1 BI. Comm. 469.
In French law. A formula used in indorsing commercial paper, and equivalent to “without recourse.”
122c.—Lihera warwena. In old English law. Free warren, (q. v.)
58a. Also a vassal holding directly from the king.
by the Saxons, “gyldscipes,” and its members, “géldones” and “congildones.” Spelman. —Gild-hall. See GUILDHALL.—Gild-rent.
From grace or favor; asa matter of indulgence, not of right.
1 Salk. 222. Alta via regia; the King’s highway; “the king’s high street.” Finch, Law, b. 2, c. 9.
v.}—Stock-broker. One who buys and sells stock as the agent of others. Banta v. Chicago, 172 Ill. 204, 50 N. E. 233, L. R. A. 611; Little Rock v. Bar ton, 33 Ark. 486; Gast v. Buckley (Ky.) 64 S. W. 632.—Stook corpor...
3 Bl. Comm. 349, 359.
Lat. From the side. In connection with the succession to property, the term means “collateral.” Bract. fol. 200.
L. Lat. An officer who had charge of the libelli or petitions addressed to the sovereign. Calvin. A name sometimes given to a chancellor, (cancellarius,) in the early history of that office. Spelman, “Canccllerius.”
power to issue a warrant for the arrest of a person charged with a public offense. Pen. Code Cal. § 807.
48, 15, 1; 4 Bl. Comm. ‘219.
438, 37 S. E. 573.— Disorderly persons. Such as are dangerous or hurtful to the public peace and welfare by reason of their misconduct or vicious habits, and are therefore amendable to police regulation. The phrase is ...
(Lat. ego, I.) A term denoting direct tenure of the superior lord. 2 Bell, H.
2,c. 11. Said to consist of six sextaries. Cowell. -
From bed and board. Descriptive of a limited divorce or separation by judicial sentence.
6. without consideration} does not beget an obligation. Dig. 2, 14, 7, 4; Broom,. Max.: 746. a
From birth, or from infancy. Denotes that a disability, status, etc., is congenital. ;
or debenture, issued by authority of a court of chancery, as a first liea upon the property of a debtor coree in the hands of a receiver. Beach, E —Receivers of wreck. Persons appointed by the English board of trade. T...
L. Lat. From palatium, (a palace.) Counties palatine are hence so called. 1 Bl. Comm. 117. See PaxLaTium.
c. 1, § 3; 9 Coke, pref.
1 Barn. & Ald. 98. An exception ezempts, absolutely, from the operation of an engagement or an enactment: a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment something w...
32 of interpleader. A means of determining the richt to property claimed by each of two or more persons, whi
L. Fr. To take. Bref éA prendre la terre, a writ to take the land. Fet Ass. § 51. A right to take something out of the soil of another is a profit A prendre, or a right coupled with a profit. 1
manors to judge any thief taken within their fee.
paying a fine or amercement assessed for bloudshed. Cowell.
civilians, as that of students on the score of..studys., (4) Entirely voluntary, on account of trade, mer: chandise, and the like. (5) Absence cum :dolo et ‘culpa, as not appearing to a writ, subpana, citation, etec., ...
98, gl.; Cod. 12, 8 —Domestio administrator. One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator.—Foreign administrator. One
From which. The judge or court from which a cause has been brought by error or appeal, or has otherwise been removed, is termed the judge or court A quo; Aqua. Abbott.
parsonage house. Spelman.
(Fr. to render, to yicld) That which is to be rendered, yielded, or paid. Profits A rendre comprehend rents aud services. Ham. N. P. 192.
parish priest; a parsonage or vicarage house. Cowell. Still used in Scotch law in this sense.
L. Lat. In ecclesiastical law. One whose office it was to give or convey answers; otherwise termed responsalis, and apoucrisiarinus. One who, being consulted on ecclesiastical matters, gave answers, counsel, or advice; o...
L. Lat. Behind; in arrear. Et reditus proveniens inde A retro fuerit, and the rent issuing therefrom be in arrear.
Lat. From the red to the black; from the rubric or title of a statute, (which, anciently, was in red letters,) to its body, which was in the ordinary black. Tray. Lat. Max.; Bell, “Ravric.”
g., gradus honorum, degrees of honor. Vicat. A pulpit; a year; a generation. Du Cange.
when there were grades in the remedies given; the rule being that a party who brought a writ of right, which was the highest writ in the law, could not afterwards resort or descend to an inferior remedy.
a favor; as. distinguished from that which may be demanded ew debito, as a matter of right.
a. legal Wrong committed pon the person or property independent of: con-, tract. It may be either (1) a direct invasion of some legal right of the individual;. (2): the infraction of some public duty by which: special da...
is a civil and political corporation, established for snunicinel purposes, They may
(Lat. from the bond of matrimony.) A term descrip» tive of a kind of divorce, which effects a complete dissolution of the marriage contract. See DIVORCE. l
The following varieties may also be noted: A condition collateral is one requiring the performance of a collateral] act having no necessary relation to the main subject of the agreement. A compen condition is one which e...
177; West v. Hayes, 51 Conn. 433.—Material evidence. Such as is relevant and goes to the substantial matters in dispute. or has a legitimate and effective influence or bearing on the decision of the case.
95; Harman v. Moore, 112 Ind. 221, 18 N. E. 718; Schneider v. Sellera, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitzer v. Mercke, 111 Ky. 299, 63 S. W. 771.— Collateral inheritance tax. A tax levi