istence and contents; a copy, or the recollection of a witness, would be secondary evidence. State v. McDonald, 65 Me. 467; Elliott v. Van Buren, 33 Mich. 53, 20 Am. Rep. 668; Scott v. State, 3 Tex. App. 104; Gray v. Pentland, 2 Serg. & R. (Pa.) 34; ...
118.—Common of pasture. The right or liberty of pasturing one’s cattle upon ‘another man’s land. It may be either appendant, appurtenant, in gross, or because of vicinage. Van Rensselaer v. Radcliff, 10 Wend. (N. Y.) 647.—Common of piscary....
210, 46 N. E. 819: In re Smith’s Estate, ‘98 Cal. 636, 33
An ancient coin, first issued at Constantinople; it was of two sorts,—gold, equivalent to a ducat, valued at 9s. 6d.; and silver, computed at 2s. They were both current in England. Wharton.
(Pa.) 79.—Olear days. If a certain number of clear days be given for the doing of any act, the time is to be reckoned exclusively, as well of ae aay & Ala. b8t as the last. Rex v. Justices, 3 d. 581; Hodgins v. Hancock, 14
Fictitious names applied to pieces of land, and used as examples in the old books.
1. In one of its original meanings, this term denoted a tribute paid by ‘English dwellers, along the Scottish border to influential chieftains of Scotland, as a condition of securing immunity from raids of marauders and border thieves.
OF. In England, the title of a chief officer of the king, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries.
BLENDED FUND. In WPngland, where a testator directs his real and personal estate to be sold, and disposes of the proceeds as forming one aggregate, this is called a “blended fund.”
BLOCK. A square or portion of a city or town inclosed by streets, whether partially or wholly occupied by buildings’ or containing only vacant lots. Ottawa v. Barney, 10 Kan. 270; Fraser v. Ott, 95 Cal. 661, 30 Pac. 793; State v. Deffes, 44 La.
1156,.3. South. 507.—Actual change of possession. jin statutes of frauds. An open, visible, and unequivocal change of possession, manifested by the usual outward signs, as distinguished from a pea formal or constructive change. Rahdall v. Parker, 3...
main and operative part; the substantive provisions, as distinguished from the recitals, title, jurat, ete. :
public corporation invested with powers and duties of government. It is often used, in a rather loose way, to designate the state or Nation or sovereign power, or the government of a county or municipality, without distinctly connoting any express an...
136, 5 South. 228, 14 Am. St. Rep. 550; Providence Tool Co. v. Engine Co., 9 R. I. 571. A continuous easement is sometimes termed an “apparent” easement, and defined as one depending on some artificial structure upon, or natural conformation of, ...
be exported and sold in the foreign market on the same terms as if it had not been taxed. U. S. v. Passavant, 169 U. S. 16, 18
man law. A species of ecquitable title to things, as distinguished from a title acquired according to the strict forms of the municipal law; the property of a Roman citizen in a subject capable of quiritary property, acquired by a title not known to ...
the better local management of the Eaglish metropolis. They have the care and management of all grounds and gardens dedicated to the use of the inhabitants In the metropolis; also the superintendence of the drainage; aleo the regulation of the street...
1. A general designation applied to any literary composition which is printed, but appropriately to a printed composition bound in a volume. Scoville v. Toland, 21 Fed. Cas. 864.
script entries; such as a merchant’s ac count-books, dockets of cour...
413, 3 S. E. 309, 6 Am. St. Rep. ie i plaasley v. Clelland, 41 W. Va. 234,
agent of each, and thereby they ‘are respectively bound, if he has not exceeded his authority. Saladin v. Mitchell, 45 Til. 88;
tions made by man) which may serve to define and fix one or more of the lines inclosing an estate or piece of property,...
pn. 1923.
no. 2001.
no. 4206—Pretermitted defense. One which was available to a: party
no. 1928.
no. A representation of some fact or circumstance, calculated to mislead, which is not true. Com. v. Drew, 19
no. 1215.
no. 137.
note 4336.
no....
of poor ecclesiastical livings. Wharton. Miltary moet land. Land granted by various laws of the United States, by way of bounty, to soldiers for services rendered in the army; being given in lieu of a money payment.
478, 21 N. EB. 761,4 L. R. A. 272, —Spring-branch. In American land law. A
(C. C.) 48 Fed. 194; Arnold v. Water Co., 18 R. I. 189, 26 Atl. 55, 19 L. R. A. 602; Hayden v. Van Cortlandt, 84
170. —Pre-emption claimant. One who has settled upon Jand subject to pre-emption, with the intention to acquire title to it, and has complied, or is proceeding to comply, in good faith, with the requirements of the law to perfect his right to it. H...
350; Nicholas v. Nicholas, 100 Va. 660, 42 S. B. 669; Moore v. Freeman, 50 Ohio St. 502, 35 N. EB 502; Appeal of Porter, 94 Pa. 332; Bissell v. Bissell, 120 Iowa, 127, 94 N. W. 465; In re Allen's Estate, 207 Pa. 325, 56 Atl. 928.
THE. <A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. of England.
DOLE IMPETRATUR. A writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under color of entitling the king to land, etc. as holding of him in capite, had deceitfully obtained the writ called “precipe in capit...
(S. C.) 269.— Fraudulent alienee. One who knowingly receives from an administrator assets of the estate under circumstances which make it a fraudulent alienation on the part of the administrator. Id.—Fraudulent concealment. The hiding or suppress...
56, 42 Am. Dec. 716; Proprietors of Bridges vy. Land Imp. Co., 13 N. J. Eq. 511; Rusch v. Davenport, 6 Iowa, 455; Whitall v. Gloucester County, 40 N. J. Law, 305.
ments and authorities upon which he rests his contention.