risters and every member of the public must stand. Solicitors, being officers of the court, are admitted within it; as are also queen's counsel, barristers with patents of precedence, and serjeants, in virtue of their ranks. Parties who appear in per...
applied to transfers of personalty, in cases where there is first an executory agreement for the sale, (the bargain,) and then an actual and completed sale.
251, 52 Am. Rep. 325. —Marriage ceremony. The form, religious or civil, for the solemnization of a marriage. e consideration. The consideration furnished by an intended marriage of two persons. It is the highest consideration known to the law.—Ma...
Fr. In French law. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties.
300, 79 N. W. 481. —Mized subjects of property. Such as fall within the definition of things real, but which are attended, nevertheless, with rome of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings...
314, 71 S. W. 451. The phrase may also mean a covenant which is personal to the covenantor, that is, one which he must perform in person, and cannot procure another person to perform for him.
574. : —Purchase money. The consideration in money paid or agreed to be paid by the buyer to the seller of property, particularly of land.
14; Wetzell v. Dinsmore, 4 Daly (N. Y.) 195.
456; Railroad Co. v. Ferguson, 113 Ga. 708, 30 S. E. : L. R. A. 802; Straus v.
930, 68 L. R. A. 587; Hyatt v. Allen, 56
1098, 26 L. R. A. 773; Chase v. Portiand, 86 Me. 367, 29 Atl. 1104; § ring Valley...
42; McKinney v. Stewart, 5 Kan. 304.—Heir beneficiary. In the civil law. One who has accepted the succession under the benefit of an inventory regularly made. Heirs are divided into two classes, according to the manner in which they accept the succ...
no. 702. The words “primary” and “direct,” contrasted with “secondary,” when spoken with reference to an obligation, refer to the remedy provided by law for enforcing the obligation, rather than to the character and limits of the obligati...
a deed or charter.
.ter land. Land boc, a writing for conveying land; a deed or charter; a land-book. —Booc horde. A place where books, writings, or evidences were kept. Cowell.—Boe land. In Saxon law. Allodial lands held by deed or other writte...
value, or it may mean a holder for real value. snout notice of any fraud, etc. Byles, Bills,
kmowledgment of being bound for money, conditioned to be void on the performance of any duty, or the occurrence of anything therein expressed, and subecribe...
HOUSE SyYstEeM. BONDSMAN. A surety; one who has entered into a bond as surety. The word seems to apply especially to the sureties upon the bonds of officers, trustees, etc., while bait? should be reserved for the sureties on recognizances and bail-bo...
BONDAGE. Slavery; involuntary per- Sonal servitude; captivity. In old English law, villenage, villein tenure. 2 Bl. Comm. 92. 7 7
14. 56; Baker vy. Wich, 1 Salk. 56. Tenure in ancient demesne may be leaded in abatement to an action of ejectment. ust v. Roe. 2 Burr. 1046. Also a species of copyhold, which differs, however, from common copyholds in certain privileges, but yet mus...
BORD-BRIGOCH. In Saxon law. A breach or violation of suretyship; pledgebreach, or Dreach of mutual fidelity.
for a definite term, and pledges the ship ‘(or the keel or bottom of the ship, pars pro toto) as a security for its repayment, with maritime or extraordinary interest on account of the marine risks to be borne by the lender; it being stipulated tha...
row a book or any other thing te be returned again. But it is evident that where money is borrowed, the identical money loaned is not to be returned, because, if this were eo, the borrower would derive no benefit from the loan. In the broad sense of ...
stated; and, as to the other £500, that B., in consideration thereof, shail pay to A. £100 per annum for seven years. Wharton.
may buy and sell in his own name, and he has the goods in his possession ; while a broker, as such, cannot ordinarily bu...
318. 38 Atl. —Proprietary trast. In Scotch law, a naked, dry, or passive trust. See supra.—Public trust. One constituted for the benefit either of the public at large or of some considerable portion of it answering a particular description ; to t...
268.
301.
172; Co. Litt. 4a.
188.
412.
139, 140.
903
568.
21.
228. ee
12, note.
729.
651.
629; 6 Term, 676; 11 Mees. & W. 189; Oleaveland v, Smith, 2 Story, 291,
645.
715.
129.
253; 7 Car. & P. 456 And, in civil cases, ignorance of t...
295.—Case on appeal. In American practice. Before the argument in the appellate court of a case brought there for review, the appellant’s counsel prepares a document or brief, bearing this name, for the information of the court, detailing the tes...
(Lat. onus provendt.) In the law of evidence. The necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. Willett v. Rich, 142
—Par of exchange. In mercantile law. precise equality or equivalency of any given sum or quantity of money in the coin of one country, and the like sum or quantity of money in the coin of any other foreign country into which it is to be exchanged, ...
720.—Maritime court. court exercising jurisdiction in maritime causes; one which possesses the powers and jurisdiction of a court of admiralty.—Maritime interest. An expression equivalent to marine interest, (q. v.}—Maritime jurisdiction. Juris...
oath of calumny. An oath imposed upon the parties to a suit that they did not sue or defend with the intention of calumniating, (calumniandt animo,) 4. 6., with a malicious design, but from a firm belief that they had a good cause. Inst. 4, 16:
529. But it may denote an informal agreement, or a concurrence as to its terms. See Barkow v. Sanger, 47 Wis. 507, 3 N. W. 16.
63, 48 N. E 1070.—Time-bargain. In the language of the stock exchange, ‘a time-bargain is an agreement to buy or sell stock at a future time, or within a fixed time, at a certain price. It is jn reality nothing more than a bargain to pay differen...
603, 52 N. Y. Supp. 781. As applied to the financial management of corporations (and sometimes of estates in course of administration or properties under receivership) funding means the borrowing of a sufficient sum of money to discharge a variety of...
286.
288; The G. R. Booth, 171 U. 8. 450, 19 Sup. Ct. 9, 48 L. Ed. 234; The Carlotta, 5 Fed. Cas. 76; Bazin v. Steamship Co., 2
511; Carnegie Steel Co. v. Cambria
829; Jones v. Com., 80 Va. 542; Heirn vy. Bridault, 37 Miss. 222; State v..Chavers, ...