607; State v. Crook, 16 Utah, 212, 61 Pac. 1091; Belt v. Spaulding, 17 Or. 130, 20 Pac. 827; Mills v. Commonwealth, 13

417. _ In marine insurance, the acceptance of an, abandonment by the underwriter is his assent, either express or to be implied from the surrounding circumstances, to the sufficiency and regularity of the abandonment. Its effect is to perfect the insured’s right of action as for a total loss, if the cause of loss and circumstances have been truly disclosed. Rap. & Law.

782.

624.

395.—Ancient writings. Wills,

631.—Animus differendi. The intention of obtaining delay —Animus donandi.' The intention of giving. Expressive of the intent to give which is necessary to constitute a gift—Animus et factus. Intention and act; will and deed. Used to denote those acts which become effective only when accompanied by a articular intention.— us furandi. The ntention to steal. Gardner v. State, 55 N. J.

19; Meek v. Breckenridge, 29 Ohio

329. ; :

534: Railway Co. v. Smith, ST eee 348, 28 8. W. "520; Telegraph Co. v. ‘Cook, 61

608; State v. Bott, 31 La. Ann. 603, ‘ . 224; State v. Hallock, 16 Nev.

711; Gardner v. Preston, 2 Day (Conn.) 205, 2 Am. Dec. 91; State v. Miller, 9 Houst. (Del.) 564, 832 Atl. 1387.

258; Jacob; Wharton.

582; Watts v. Coffin, 11 Johns. ,

72; McGlaughlin v. McGlaughlin, 43 W. Va. 226, 27 S. E. 378.

771; Com. v. Lovett, 4 Clark (Pa.) 5; Selden v. State, 74 Wis. 271, 42 N. W. 218, 17 Am. St. Rep. 144.

508.—Fundamental error. In appellate practice. Error which goes to the merits of the plaintiff's cause of action, and which will be considered on review, whether assigned as error or not, where the justice of the case seems to require it. Hollywood vy. Wellhausen, 28 Tex. Civ. App. 541. 68 S. W. 829.—Harmless error. In appellate practice. An error committed in the progress of the trial below, but which was not prejudicial to. the rights of the party assigning it, and for which, therefore, the court will not reverse the judgment, as, where the error was neutralized or corrected by subsequent proceedings in the case, or where, notwithstanding the error, the particular issue was found in that party’s favor, of where, even if the error had not been committed, he could not have been legally entitled to prevail.—Invited error. In appellate practice. ‘The principle of “invited error” is that if, during the progress of a cause, a party requests or moves the court to make a ruling which is actually erroneous, and the court does so, that party can-~ not take advantage of the error on appeal or review. Gresham v. Harcourt, 93 Tex. 149, 53 S. W. 1019.—Reversible error. In appellate practice. Such an error as warrants the appellate court in reversing the judgment be-. fore it. New Mexican R. Co. v. Hendricks, 6

706.—Real estate. Landed property, including all estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Wharton.—Homestead estate. See HoOMESTEAD.—Movable estate. See MovaBLeE.—Residuary estate. See RE- SIDUABY.—Separate estate. See SEPARATE. —Trust estate. See TRUST.

384; Calder v. Bull, 3 Dall. 390, 1

81. ant

342.—Kilum forestse. The border of the forest. 2 Bl. Comm. 419: 4 Inst. 303. —Eilum wise. The thread or middle line of a

684; Baker v. Davis, 19 N. H. 838;

722; Appeal of Ansonia Nat. Bank, 58 Conn. 257, 18 Atl. 1080; Williams v. Wilson, 42 Or. 299, 70 Pac. 1031, 95 Am. St. Rep 745.

726. °

711.

575; Stansbury v. Hubner, 73 Md. 228, 20 Atl. 904, 11 L. R. A. 204, 25 Am.

542; Taylor v. State, 110 Ga. 150, 35 S. E. 161.

420.— d navigation. Within the meaning of the legislation of congress upon the subject, this phrase means navigation upon the rivers of the country, but not upon the great lakes. Moore v. American Transp.

581; Garver v. Hawkeye Ins. Co., N. W. 555; Washington F.

74 7 ‘is

88.

291; Brooks v. Bryce, 21 Wend. (N. ¥.) 16. A special lien is in the nature of a particular lien, being a lien upon particular property; a lien which the holder can enforce only as security for the performance of a particular act or sar ee and of obligations incidental thereto. reen vy. Coast Line R.

153; Hoselton v. Hoselton, 166 Mo. 182, 65 S. W. 1005; Stearns v. Godfrey, 16

447; Varick v. Smith, 9 Paige (N. ¥.) 551. But in the case of a lake, bay, or natural pond, the “margin” means the line where lund and water meet. Fowler v. Vreeland, 44 N. J. Eq. 268, 14 Atl. 116; Lembeck v..Andrews, 47 Ohio St. 336, 24 N. E. 686, 8 L. R. A. 578.

282;.. Taggart v. Detroit, 71 Mich.

760;

180.

217.

541; Fassett v. Smith, 23 N. Y. 252; Brower v. Peabody, 13 N. Y. 121; Beavers vy. Lane, 6 Duer (N. Y.) 232.

161.

713. <As occasionally used in criminal law and statutes, an “offensive weapon”

565; State v. Ramsburg, 43 Md. 333.

619; In re John’s Will, 30 Or. 404, 47 Pac. 341, 36 L. R. A. 242.

537; Fackler v. Berry, 93 Va. ; 25 S. E. 887, 57 Am. St. Rep. 819. Or it may mean that the property is to be held free from any limitation or condition or free from any control or disposition on the part of others.

396; State v. Cooper, 22 N. J. Law, 57, 51 Am. Dec. 248; Evans v. People, 49 N.

716; Smith v. Smith, 24 8S. C. 814. —Rule nisi, <A rule which will become imperative and final unless cause be shown against it. This rule commands the party to show caus why he should not be compelled to do the ac required, or why the object of the rule should not be enforced —Rule of 1756. <A rule of international law, first practically established in 1756, by which neutrals, in time of war, are prohibited from carrying on with a belligerent power a trade-which is not open to them in time of peace. 1 Kent. Comm. 82.~Rule of course. There are some rules which the courts authorize their officers to grant as a matter of course, without forma] application being made to a judge in open court, and these are technically termed, in a eee practice, “side-bar rules,” because formerly they were moved for by the attorneys at the side bar in court. The are now generally termed “rujes of course. Brown.—Rules of court. The rules for regulating the practice of the different courts which the judges are empowered to frame and put in force as occasion may renuire,: are termed “rules of court.” Brown. See Goodlett v. Charles, 14 Rich. Law (S. C.) 49.—Rule of law. legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition... Called a “rule,” because in doubtful or unforeseen cases it is a guide or norm for their decision. Toullfer, th . prel. no. 17.—Rules oT yraoe ee: Certain orders made by the courts for the purpose of regulating the practice in actions and other proceedings before them.—Rules of procedure. Rules made by a legislative body concerning the mode and manner of conducting its business and for the purpose of making an orderly and proper disposition of the matters before it, suct as rules preacribing what committees shall be appointed. on what subjects they shall act, what shall be the daily order in which business shall be taken up, and in what order certain motions shall be received and acted on. Heiakell v. Baitimore, 65 Md. 125, 4 Atl. 116, 57

153; Baker v. State, 63 N. J. Law, 45, 20 Atl 858.

431; 2 East, P. C. c. 17, § 10.—S batteries. Assaults by masters in the merchant service upon seamen at sea.—Sea-bed. All that portion.of land under the sea that lies beyond the sea-shore.—Sea-brief,. See SEA- LETTER.—Sea-greens. In the Scotch law. Grounds overflowed by the sea in spring tides. Bell ea-laws. Laws relating to the sea, as the laws of Oleron, etc.—Sea-letter. opel of manifest, containing a description of the ship’s cargo, with the port from which it comes and the port of destination. This is one of the documents necessary to be carried by all neutral! vessels, in the merchant service, in time of war, as an evidence of their nationality. 4

722.—Quarter seal. In Scotch law. A seal kept by the director of the chancery; in shape and impression the fourth part of the great seal, and called in statutes the “‘testimonial” of the great seal. Bell—Seal days. In English practice. Motion days in the court of chancery, so called because every motion had to be stamped with the seal, which did not lie in court in the ordinary sittings out of term. Wharton.—Seal office. In English practice. An office for the sealing of judicial writs.— Seal-paper. In English law. A document issued by the lord chancellor, previously to the commencement of the sittings, detailing the business to be done for each day in his court, and in the courts of the lords justices and vicechancellors. The master of the rolls in like manner issued a coor #7 r in respect of the eee to be heard before him. Smith, Ch. T. e

331; Com. v. J., 21 Pa. Co. Ct. R.

225.—Tenant in fee-simple, (or tenant in fee.) He who has lands, tenements, or hereditaments, to hold to him and his heirs forever, generally, absolutely, and simply; without mentioning what heirs, but referring that to his own ene or to the disposition of the law. 2 Bl. Comm. 104; Litt. § 1—Tenant in severalty is he who holds lands and tenements in his own right only, without any other person being joined or connected with him in point of interest during his estate therein. Bl.

97. And see the statutes of the various states. ;

532; Canal Co. v. Hess, 6 Colo. App. 497, 42 Pac. 530.—Waterscape. An aqueduct or passage for water.—Wators of the United States. All waters within the United States which are navigable for the purposes of commerce, or whose navigation successfully aids commerce, are included in this term. The Danfel Ball, 6 Fed. Cas. 1161.