108, 184. No right to the spoil vests in the piratical captors; no right is derivable from them to any recaptors in prejudice of the original owners. 2 Wood. Lect. 428.

76. A knight who forcibly assaulted and detained one of the king’s subjects till he paid him a sum of money was held to have committed treason, on the ground of accroachment. 1 Hale, P. C. 80.

86. See People v. Chavtauqua County, 43 N. Y. 19: Sasser v. Martin, 101 Ga. 447, 29 S. B. 278: Bank of Newberry v. Greenville & C. R. Co., 9 Rich. Law (S. C.) 496; People v. Bellet, 99 Mich. 151, 57 N. W. 10094, 22 L.

117.

117. Boyd v. Cronan, 71 Me. 286;

122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed to the prejudice of any person in whom there was no laches. Broom, Max. 230.

288. Formal words in the old writs of waste.

56. Subjects born ad fidem are those born in allegiance.

325; 4 Steph. Comm. 391.

22, 23; 1 Crabb, Real Prop. p. 131, § 119.—Advowson donative. Where the patron has the right to put his clerk in possession by his mere gift. or deed of donation, without any presentation to the bishop, or institution by him. 2 Bl. Comm. 23; 1 Crabb, Real

369; ent, Comm. 42. In American law. The allegiance due from citizens of the United States to their native country, and also from naturalized citizens, and which cannot be renounced without the pe yermission of government, to be declared by law. 2 Kent, Comm. 43-49. It differs from local allegiance, which ig temporary only, being due from an alien or stranger born for so long a time as he continues within the sovereign’s dominions and protection. Fost. Cr, Law, 1

69.

76. Morandi, with intention to stay, or delay. Reptublicandi, with intention to republish. 1 Pow. Dev. 609. Revertendi, with intention to return. 2 Bl. Comm. 392.

40; Rolle, Abr. 226; Horton v. Cook, 10 Watts (Pa.) 127, 36 Am. Dee. 151.

330. ;

506, 507; 4 Kent, Comm. 316.

240; 2 Steph. Comm. 7; 3 Kent,

406.

430. ARCHDEACONRY. A _ division of a

393; 3 Steph. Comm. 628; 2 Tidd, Pr. 918; Browning vy. Powers, 142 Mo. 322, 44 §. W. 224; People v, Kelly, 4 N. ¥, 526; Byrnev. Lynn, 18 Tex. Civ. App. 252, 44 S. ‘W. 311. —Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.—Parol arrest. One ordered by a judge or magistrate from the bench, without written complaint or other proceedings, of a person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court.—Ware rant of arrest. <A written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense.

393, 397. ‘

58, 59, 353; 1 Bl. Comm. 351.

405, et seqg.—General assignment. An assignment made for the benefit of all the assignor's creditors, instead of a few only; or one which transfers the whole of his estate to

402.

184, 185.

280; 4 Bl. Comm. 283; Burbach y.

219; Dig. 1, 3, 31.

336.—Autrefois convict. Formerly convicted. In criminal law. A plea by a criminal in: bar to an indictment that he has been formerly convicted of the same identical crime. 4 Bl. Comm. 336; 4 Steph. Comm. 404;: Simco y. State, 9 Tex. App. 348; U. S. v. Olsen . C.) 57 Fed. 582; Shepherd v. People, 25

88, pe 8

179. Wilson v. Cross, 33 Cal. 69. —

29; Bract. fol. 116.—Bailiffs of manors. In English law. Stewards or agents appointed by the lord (generally by an authority under seal) to superintend the manor. collect fines, and quit rents, inspect the buildings, order repairs, cut down trees. impound cattle trespassing. take an account of wastes, spoils. and misdemeanors in the woods and demesne lands. and do other acts for the lord’s interest. Cowell.—High bailiff. An officer attached to an English county court. His duties are to attend the court when sitting; to serve summonses; and to execute orders, warrants. writs, ete. St, 9 & 10 Vict. c. 95, § 33: Poll. C. C.

347, note b.

398, 399.

44; Cowell.

134; 4 Steph. Comm. 262.

289.—Bill of proof. In English practice. The name given, in the mayor's court of London, to a species of intervention by a third perecn laying claim to the subject-matter in ispute between the parties to a suit.

299.—Bona et catalla. Goods and chattels. pecvanie, peopensy. This expression includes all perso things that belong to a man. 16 Mees. & W. 68.—Bona felonum. In English law. Goods of felons; the gouods of one convicted of felony. 5 Coke, 110.—Bomna fore isfacta. Goods forfeited—Bona fugitivorum. In English law. Goods of fugitives; the proper Rone of him who flies for felony. Coke, 109}.—-Bona mobilia. In the civil law. Movables. Those things which move themselves or can be transported from one place to another, and not permanently attached to a farm, heritage, or building.—Bona notabilia. In English probate law. Notable goods; property worthy of notice, or of sufficient value to be accounted for, that is, amounting to £5. Where a decedent leaves goods of sufficient amount (dona notabilia) in different dioceses, administration is granted by the metropolitan, to prevent the confusion arising from the appointment of man different administrators. 2 Bl. Comm. 509; Rol-

270.

316.—Book of responses. In Scotch law. An account which the directors of the chancery kept to enter all non-entry and relief duties payable by heirs who take precepts from chancery.-Bookland. In English law. Land, also called “‘charter-land,” which was held by deed under certain rents and free services, and differed in nothing from free socage land.

116. A town or place organized for local government.

146; 4 Steph. Comm. 253.

209.—Breach of cove=- mant. The nonperformance of any covenant agreed to be performed, or the doing of any act covenanted not to be done. Holthouse.— In a general sense, any vio- ‘lation or omission of a legal or moral duty. ‘More particularly, the neglect or failure to ful-

110; 4 Steph. Comm. 177, 179.

888.

378; 8 Steph. Comm. 621; Steph. Pi. 92, 93: 1 Burrill, Pr. 242, 463.—Case stated. In practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as therein agreed upon and set forth. Diehl v. Ihrie, 3 Whart. (Pa.) 143. A case agreed upon.—Case to move for new trial. In practice. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict and grant a new trial.

9.

390, 391; Broom, Max. 159.

339. —Champion of the king or queen. An ancient officer, whose duty it was to ride armed ic, into Westminster Hall at the coronation, while the king was at dinner, and, by the proclamation of a herald, make a challenge “that, if any man shall deny the king’s title to the crown, he is there ready to defend it in single combat.” The king drank to him, and sent him a gilt cup covered, full of wine, which the champion drank, retaining the cup for his fee. This ceremony, long discontinued, was revived at the coronation of George IV., but not afterwards. Wharton.

90.

201.

184; 8 Kent, Comm. 137; Turner v.

342.—Personal chattels. Things movable which may be annexed to or attendant on the person of the owner. and carried about with him from one part of the world to another. 2

08; 4 Broom & H. Comm. 360, note.

79.

v. Webster, 5:Cush. (Mass.) 319, .52

298.—Claim of liberty. In English practice. A suit or petition to the queen, in the court of exchequer, to have liberties and franchises confirmed there by the attorney general.Counter-claim. A claim set up and urged by the defendant In opposition to or reduction of the claim presented by the plaintiff. See, more fully, COUNTER-CLAIM.

366, 367. —

346.—Close season. In game and fish laws, this term means the season of the year in which the taking of particular game or fish is pronnitet or in which all hunting or fishing is forbidden by law. State v. Theriault, 70 Vt. 617, 41 Atl. 1080, 43 L. R. A. 290, 67 Am. St

235. Relations in the line of the mother. Hale, Com. Law, c. xi. Relations by or through females.

350, 351.

457.

3A.

aon Ed.) —Commission of assise. ose issued to judges of the high court or court of appeal, authorizing them to sit at the assises for the trial of civil actions.—Commission of bankrupt. <A commission or authority formerly granted by the lord chancellor to such persons as he should think proper, to examine the bankrupt in all matters relating to his trade and effects, and to perform various other important duties connected with bankaad matters. But now, under St. 1 & 2 Wm.

168.

76.

291. To adjudge (as an admiralty court) that a vessel is a prize, or that she is unfit for service. 1 Kent, Comm. 102; 5

60; Cowell. Cooper v. Livingston, 19 Fla. 693.

434.

356.

449. Justice v. Lang, 42 N. Y. 496, 1 Am. Rep. 576; Edwards v. Kearzey, 96

187.

41.—Qoram nobis. efore us ourselves, (the king, i. c., in the king’s or queen’s bench.) Applied to writs of error directed to another branch of the same court, c. g., from the full bench to the court at nisi priue. 1 Archb. Pr. K. B. 234.—Coram non judice. In presence of a tee not a judge. When a suit is brought and determined in a court which has no jurisdiction in the matter, then it is said to be coram non judice, and the judgment is void. Manufacturing Co. v. Holt, 51 W. Va. 352, 41 S. BD. 351.—Coram paribus. Before the peers or freeholders. The attestation of deeds, like all other solemn transactions, was origipally done only coram F ghd 2 Bl. Comm. 307. Coram paribus de vicineto, before the peer or freeholders of the neighborhood. Id.

642

267.

345.

895. But in modern English law the name is sppropr ated to a system of tribunals established by the statute 9 & 10 Vict. c. 95, having a limited jurisdiction, principally for the recovery of small debts. It is also the name of certain tribunals of limited jurisdiction in the county of Middlesex. established under the statute Geo. II. c. 33. In American law. The name is used in many of the states to designate the ordinary courts of record having jurisdiction for trials at nisi prius. Their powers generally comprise ordinary civil jurisdiction, also the charge and care of persons and estates coming within legal guardianship, a limited criminal jurisdiction, appellate jurisdicton over justices of the peace, etc.County jail. A place of incarceration for the punishment of minor offenses and the custody of transient prisoners, where the ignominy of confinement is devoid of the infamous character which an imprisonment in the state jail or penitentiary carries with it.

838; 3 Bl. Comm. 64; 8 Steph. Comm. 430.

335, note J.

333, 356. By the judicature act (1873) the jurisdiction of this court is transferred to the court of appeal.

317-820. ‘

449, note I.

440; 3 Bl. Comm. 71, 72. COURTS OF REQUEST. Inferior

276, 277, and notes.

299; St. 25 & 26 Vict. c. 26, § 12,

325.

455. Or, in other words, it is so called when either the liability to perform it or the right to take advantage of it passes to the assignee of the land. Tillotson v. Prichard, 60

12. A feme covert is so called, as being under the wing, protection, or cover of her husband. 1 BI. Comm. 442.

473. — CREANCE. In French law. A claim;

149.—Customary freehold. In English law. <A variety of copyhold estate, the evidences of the title to which are to be found upon the court rolls; the entries declaring the holding to be according to the custom of the manor, but it is not said to be at the will of the lord. The incidents are similar to those of common or pure copyhold. 1 Steph. Comm. 212, 213, and note. tomary interpretation. See INTERPRETATION.—Customary services. Such as are due by ancient custom or prescrip-

349; 4 BI. Comm. 272.—Custos spiritualium. In English ecclesiastical law. Keeper of the spiritualities. He who exercises the spiritual jurisdiction of a diocese during the vacancy of the see. Cowell.—Custos temporalium. In English ecclesiastical law. .The Saget to whom a vacant see or abbey was given y the king, as supreme lo His office was, as steward of the goods profits, to give an account to the escheator, who did the like to the exchequer.—Custos terrss. In old English law. Guardian, warden, or keeper of the land.

438; Co. Litt. 257a; 2 Tidd, Pr. 869, 870.

528, note.) Burrill.

5009.

31.

148; Reg. Orig. 85d. :

227, 228. Abolished by St. 8 & 4

727.

166. ~Deceitful plea. A sham plea; one alleging

896; 1 Tidd, Pr. 562; Page v. Sutton, 20 Ark. 806. —Dofault of issuc. Failure to have livi children or descendants at a given time or fix point. George v. Morgan, 16 Pa. 106.—Deaulter. One who makes default. One who puesDDroDuates money held by him in an official or fiduciary character, or fails to account for such money.—Ju ent by default. One entered upon the failure of a party to appear or plead at the time appointed. See JUDGMENT.

100; 3 Steph. Comm. 720.

887.

363; 2 Kent, Comm. 241.

150; 3 Steph. Comm. 668.

286; 2 Steph. Comm. 550.—Demesnial. Pertaining to a demesne.

476; Co. Litt. 45a.

374; 7 Coke, 6.

300; 2 Steph. Comm. 865. j

486. Simplex dictum; a mere assertion; an assertion without proof. Bract. fol. 320.

47, 48.

672.

111.

167.

245. Not punishable. “This murder is dispunishable.” 1 Leon. 270.

231; Fitzh. Nat. Brev. 32, B, C, 223. Boyd v. Howden, 3 Daly (N. Y.) 457; Byers vy. Ferguson, 41 Or. 77, 68 Pac. 5.

235.

514.—Disturbance of public wore ship. Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises. Lancaster v. State, 53 Ala. 398

211, note.

310, 316; Co. Litt. 9.

618.

102. A term derived from the civil law. l

307; Crabb, Eng. Law, 236.

335, note—Earldom. The dignity’ or jurisdiction of an earl. The cienity. only ree

482-486; Mozley & Whitley.

64-68. uitable Life Assur. Soc. v.

148; 3 Steph. Comm. 522; Fitgh. Nat.

v. Alger, 7 Cush. (Mass.) 85; Ameri-

130.

387.

51 ENGAGEMENT. Im French law. A

362. Parceners, on the other hand, have not an entirety of interest, but each is properly entitled to the whole of a distinct moiety. 2 Bl. Comm. 188, l The word is also used to designate that which the law considers as one whole, and not capable of being divided into parts. Thus, a judgment, it is held, is an entirety, and, if void as to one of the two defendants, cannot be valid as to the other. So, if a contract is an entirety, no part of the consideration is due until the whole has been perforined.

473.

217. And see Sayre v. Mohney, 30 Or. 238, 47 Pac. 197; In re Qualifications of Electors, 19 R. 1.387, 35 Atl. 213. An equitable estate is an estate an interest in which can cole enforced in a court of chancery. Avery v. Dufrees, 9 Ohio, 145. That is properly an uitable estate or interest for which a court of equity affords the only remedy; and of this nature, especially, is the benefit of every trust, express or implied, which is not converted into a legal estate by the statute of uses. The rest are au of redemption, constructive trusts, and all equitable charges. Burt. Comp. c. 8

140. See Hutcheson v. Hodnett, 115

188 See CoPpaRcENARY.

180; 2 Crabb, Real Prop. 987. An estate acquired by two or more persons in the same land, by the same title, (not being a title by descent,) and at the same period; and without any limitation by words importing that they are to take in distinct shares. 1 Steph. Comm. 812. The most remarkable incident or consequence of this kind of estate is that it is subject to survivorship.

163; 1 Greenl. Cruise, Dig. 701.

154. An estate which is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency mappens upon which the estate is to fail. 1 Steph. Comm. 278.—Estate upon condition implied. An estate having & condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. 2 Bl. Comm. 152; 4

35

2965.

369. In a particular sense, and with reference to contracts, deeds, wills, and other writings, parol evidence is the same as extraneous evidence or evidence aliunde. (See supra.)}—Partial evidence is that which goes to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute by proof of other facts; for example, on an issue of title to real property, evidence of the continued possession of a remAte occupant is partial, for it is of a detached fact, which may or may not be after wards connected with the fact in dispute. Code Civ. Proc. Cal. § 1834.—Positive evidence. Direct proof of the fact or point in issue; evidence which, if believed, establishes the truth or falsehood of a fact in issue, and does not arise from any presumption. It is distinguished from circumstantial evidence. 3 Bouv. Inst, no. 3057; Cooper v. Holmes, 71 Md. 20, 17 Atl. 711; Davis v. Curry, 2 Bibb (Ky.) 239; Com. v. Webster, 5 Cush. (Mass.) 310, 52 Am. Dec. 711—Presumptive evidence. This term has several meanings in law. (1) Any evidence which is not direct and positive; the proof of minor or other facts incidental to or usually connected with the fact sought to be proved, which, when taken together, inferentially establish or prove the fact in question to a reasonable degree of certainty; evidence drawn by human experience from the connection of cause and effect and observation of human conduct; the proof of facts from which, with more or less certainty, according to the experience of mankind of their more or less universal connection, the existence of other facts can be deduced. In this sense the term is nearly equivalent to “circumstantial” evidence. See 1 Starkie, Ey. 558; Saund. Pl. & Ev. 673; Civ. Code Ga. 1895, § 5143; Davis v. Curry, 2 Bibb (Ky.) 239: Horbach v. Miller, 4 Neb. 44; State v.

884. <A term of the civil law. Inst. 4, 6, 31.

117; Bract. fol. 1010.

120; Elwell v. Chamberlin, 31 N. Y. 624; Cooper v. State, 37 Ark. 418; Preston y. Keene, 14 Pet. 137, 10 L. Ed. 387.

339.

v. Byrnes, 158 Mass. 172, 33 N. E. 343; Adams Exp. Co. v. Schlessinger, 75

420; Fitzh. Nat. Brev. 181. . To execute the writ of ertent or extendi facias, (q. v.) 2 Tidd, Pr. 1043, 1044. . ,

47.—Extent in chief. The principal kind of extent, issuing at the suit of the crown, for the recovery of the crown’s debt. 4 Steph:

47. An adverse proceeding by the king, . ee recovery of his own debt. 2 Tidd, Pr.

52, note.

407.—Extra viam. Outside the way. Where the defendant in trespass pleaded a right of way in justification, and the replication alleged that the trespass was committed outside the limits of the way claimed, these were the technical words to be used.—Extra vires.

42. 4

109. An estate in fee which is liable to be determined by some act or event expressed on its limitation to circumscribe its continuance, or inferred by Jaw as bounding its extent. 1 Washb. Real Prop. 62; McLane v. Bovee, Wis. 36.—F'ee ages. See Dam- AGES.—Fee eoxpectant. An estate where lands are given to a man and his wife, and the heirs of their bodies—EFee simple. See that title—Fee tail. See that title—Great fee. In feudal law, this was the designation of a fee held directly from the crown.—Knight’s fee. The determinate quantity of land, (held by an estate of inheritance,) or of annual income therefrom, which was sufficient to maintain a knight. Ewwery man holding such a fee was obliged to be knighted, and attend the king in his wars for the space of forty days in the year, or pay a fine (called “escuage”) for his non-compliance. The estate was estimated at £20 a year, or, according to Coke, 680 acres.

188, 190 ; Steph. Comm. 108, 111; State v. Synmes — S. C. 383, 19 S. E. 16;

58, 62; Litt. §§ 1, 18; Bract. fol. 175;

810.

310; Litt. §§ 1, 57.

43; Low v. Little, 17 Johns. (N. Y.) 348.

108.

62. ; oe "

309.

458. e extraordinary rate of interest, proportioned to the risk, demanded by a

148: 4 Steph. Comm. 280.

170; Cowell.—Ferestalling. Obstructing the highway. Intercepting a person on the highway. :

385; 4 Kent, Comm. 426. Avery v,

271.—F’orma pauperis. See IN For-

463.—Forum domesticum. A domestic forum or tribunal. The visitatorial power is called a “forum domesticum,” calculated to determine, sine strepitu, all disputes that arise within themselves. 1 W. BI. 82.—Forum domicilii. The forum or court of the domicile; the domicile of a defendant, considered as a place of jurisdiction. 2 Kent, Comm. 463.— Forum ecolesiasticum. An _ ecclesiastical court. The spiritual jurisdiction, as distinguished from the secular.—Forum ean , rei. The forum of defendant’s allegiance. The court or jurisdiction of the country to which he owes allegiance.—Forum originis. The rson’s birth, considered as a place of jurisdiction.— Forum regium. The king’scourt. St. Westm: 2, c. 43.—Forum rei. This term may mean either (1) the forum of the defendant, that is, of his residence or domicile; or (2) the forum of the rea or thing in controversy, that is, of the place where the property is situated. The ambiguity springs from the fact that res may be the genitive of either reus or res.—Forum rei gestse. The forum or court of a res gesta, (thing done;) the place where an act is done, considered as a place of jurisdiction and remedy. 2 Kent, Comm. 463.—Forum rei sits. The court where the thing in controversy is situated. The place where the subject-matter in controversy is situated, considered as a place of jurisdiction. 2 Kent, Comm. 463.—Forum seculare. A secular, as distinguished from an ecclesiastical or spiritual, court.

115.—Frank-pledge. In old English law. <A pledge or surety for freemen; that is, the pledge, or corporate responsibility, of all the inhabitants of a tithing for the general good behavior of each free-born citizen above the age of .fourteen, and for his being forthcoming to answer any infraction of the law. Termes de la Ley; Cowell.—Frank-ténant. A freeholder. Litt. § 91—Frank-tenement. In English law. A free tenement, freeholding, or freehold. 2 Bi. Comm. 61, 62, 104; 1 Steph. Comm, 217; Bract. fol. 207. Used to denote both the tenure and the estate.

324. See FuaGe.

173.

473. —~—Absolute gift, as distinguished from one made in contemplation of death, is one by which the donee becomes in the lifetime of the donor the absolute owner of the thing given. whereas a donatio mortis causa leaves the whole title in the donor, unless the event occurs (the death of the donor) which is to divest him. Buecker vy.

341; 2 Kent, Comm. 226. A guardian by nature is the father, and, on his death, the mother, of a child. 1 Bl. Comm. 461; 2 Kent,

219. This guardianship extends only to the custody of the person of the child to the age of twenty-one years. Sometimes called “natural guardian,” but this fs rather a popular than a technical mode of expression. 2

130.—Habeas corpus ad re~ ondendum. <A writ which is usually employed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter. 2 Sell. Pr. 259; 2 Mod. 198; 83 BI. Comm. 129; 1 Tidd, Pr. 300.—Ha~ beas corpus ad satisfaciendum. In English practice. A writ which issues when a prisoner has had jidement against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. 8 BI. Comm. 129, 1380; Steph. Comm. 693; 1 Tidd, Pr. 350. —Habeas corpus ad subjiciendum. A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the -day and cause of his caption and detention, ad faciendum, subjictendum et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Comm. 181; Steph. Comm. 695. This is the well-known remedy for deliverance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the gs law, and the great and efficacious writ in all manner of illegal confinement. 3

858; Jones v. Fleming, 37 Hun (N. ¥.) 230.—Heir at law. He who, after his ancestor’s death intestate, has a right to inherit all lands, tenements, and hereditaments which belonged to him or of which he was seised. The same as “heir general.” Forrest v. Porch. 100 Tenn. 391, 45 S. W. 676; In_re Aspden‘s

17: Whitlock v. Greacen, 48 N. J. Eq.

445.

190; 4 Steph. Comm. 111.—Homicide by misadventure. The accidental killing of another, where the slayer is doing a lawful act, unaccompanied by any criminally careless or reckless conduct. State v. Miller. 9 Houst. (Del.) 564, 32 Atl. 1387; U

66.—Honorary services. In feudal law. Special services to be rendered to the king in person, characteristic of the tenure by grand serjeanty; such as to carry his banner, his sword, or the like, or to be his butler, cham-

411. l -—Hundred court. In English law. A larger court-baron, being held for all the inhabitants of a particular hundred, instead of a manor. The free suitors are the judges, and the steward the registrar, as in the case of a court-baron. It is not a court of record, and resembles a court-baron in all respects except that in point of territory it is of greater jurisdiction. These courts have long since fallen into desuetude.

870.

491, and note.

78.

164.

3875, 500; Prince v. Hazleton, 20

166, 175.

279.

23; 3 Bl. Comm. 15.

20.

157.

133. See INN.

353. But the distinction is superseded by the provisions of the judicature acts of 1873 and 1875.

82.

407; 1 Saund. p. 228, no. 1.

2565.

423.—J crown.—Jure divino. By divine right. 1 BI.

191.—Jure ecclesiss. In right of the church. 1 Bl. Comm. 401.—Jure emphyteutico. By the Pe or law of emphyteusis. 3 BI.

232. EMPHYTEUSIS.—Jure geltium. By the law of nations. Inst. 1, 3, 4; 1 Bl. Comm. 423.—Jure propinguitatis. y right of propinquity or nearness, 2 Crabb, Real

191; 2 Steph. Comm. 434.

828.

49. That kind of law which the preetors introduced for the purpose of alding, supplying, or correcting the civil law for the public. benefit. Dig. 1, 1, 7. Called, also, “ius honorarium,” (q. v.)

328.

19, 176.. cc

85; 2 Bl Comm. 247. These privi-' leges were an exemption from the trouble of. guardianship, priority in bearing offices, and’: a treble proportion of corn. Adams, Rom. '

413. See Keniston v. Mayhew, 160

275n.

52.

116; Cowell; Spelman.

544, note—Lex Pretoria. The pretorian law. A law by which every freedman who made a will was commanded to leave a moiety to his patron. Inst, 3, 8, 1. The term has been applied to the rules that govern in a court of equity. Gilb. Ch. pt. 2,

462. “The remedies are to be governed by the laws of the country where the suit is brought; or. as it is comvendionusly expressed, by the ler fori.”” Bank of United States v. Donnally, 8 Pet. 361, 372, 8 L. Ed. 974. “So far as the law affects the remedy, the lez fori, the law of the place where that remedy is sought, must govern. But, so far as the law of the construction, the lega] operation and effect. of the con-

134. Civil Rights Cases, 108 U. S. 8. 8 Sup. Ct. 42, 27 L. Ed. 835; Pinkerton +.

61, €2.

128.—Contingent limitation. When a remainder in fee is limited upon any estate which would by the common law be adjudged a fee tail, such a remainder is valid as a contingent limitation upon a fee, and vests in poesession on the death of the first taker without issu living at the time of his death. Rev. Codes N. D. 1899, § 3328.—Limitation in law. A limitation in law, or an estate limited, is an estate to

68.

315, 816; Micheau v. Crawford, 8 N. J.

618; Story, Ag. § 172.

341.

57, 58; 4 Bl. Comm. 8.

191.

391.

83.

27.

511-513.—Miaster of a ship. In maritime law. The commander of a merchant veasel, who has the chief charge of her government and navigation and the command of the crew, as well as the general care and control of the vessel and cargo, as the representative and confidential agent of the owner. He is commonly called the “captain.” See Martin v. Farnsworth, 33 N. Y. Super. Ct. 260; Hubbell v.

510.

131; Calvin.

147.

349.—Modus tenendi. The manner of holding; 4é e., the different species of tenures by which estates are held.—Modus transferrendi. The manner of transferring.—Modus vacandi. The manner of vacating. How and why an estate has been relinguished or surrendered by a vassal to his lord might well be referred to by this phrase. See Tray. Lat. Max. 8 t= modus. One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than a rule of law. 2 Steph. Comm, 729.

31.

291. And see State v. Duluth Board of Trade, 107 Minn. 506, 121 N. W. 395, 23

838n.

268; Co. Litt. 2b; Perin v. Carey, 24

17 le :

208.

441, note a.

396.

152.

258, 259. This phrase has been adopted in American law. 2 Kent. Comm. 61. See

63, 64; Cowell.

274.

343; Cowell.

587, ecretal order. In chancery practice. An order made by the court of chancery, in the nature of a decree, upon a motion or petition. Thompson v. McKim, 6 Har. & J. Md. 319; Bissell Carpet Sweeper Co. v.

298.

153.

75.

88.-—Pecuniary consideration. See CONSIDERATION.—Pecuniary damages. See DAMAGES.—Pec legacy. See LEGACY. —Pecuniary loss. pecuniary loss is a loss

181.

439.

96.

163.

183. And see Talbot v. Janson, 3

88, 40.—P ta corons. Pleas of the crown. All trials for crimes and misdemeanors, wherein the king is plaintiff. on behalf of the people. 8 Bi. Comm. 40.— cita juris. leas or rules of law; ‘“particular and poses learnings of laws;” “Grounds and positive learnings received with the law arid set down;” as distinguished from maxims or the formulated conclusions of.lega] reason.

666.

283; Archb. Pr. 585. . Ja

567. :

160.

182.—

457; 5 Coke, 98b.

674, note.

85.

150 :

479, 480. The judicial committee of the rivy council acts as a court of ultimate appeal n various cases.—Privy councillor. A member of the privy council—Privy purse. In Linglish law. The income set apart for the sovereign’s personal use. vy seal. In English law. A seal used in making out grants or letters patent, erates to their passing under the great seal. 2 Bl. Comm. 347.— net. In English law. The signet or seal which is first used in making out grants and letters patent, and which is always in the custody of the principal secretary of state. 2 B}. Comm. 347.-Privy token. A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, and thereby fraudulently get possession of property. St. 33 Hen.

(7th. Ed.) 300m, 437; 4 Steph. Comm. 207.

45. :

389.—Real property. A-general term for lands, tenements, and hereditaments;, property which, on the death of the owner intestate, passes to his heir. Real property is either cor-

450.

447; 4 Bl. Comm. 368.

271; 4 Steph. Comm. 335.

228; Broom, Max. 6517.

429; Story, Ag. § 440.

105.

237; Norton v. Shelby County, 118

3983.

384, 388. See Bird v. St. Mark’s Church, 62 Iowa, 567, 17 N. W. 747.

406.

29, note t.—Register of ships. <A register kept by the collectors of customs, in which the names, ownérship, and other facts relative to merchant vessels are required by law to be entered. This register is evidence of the nationality and privileges of an American ship. The certificate of such registration, Ben by the collector to the owner or master of the ship, is also called the ship’s register.” Rapalje Lawrence.—Register of the treasury. An officer of the United States treasury, whose duty is to keep all accounts of the receipt and expenditure of public money and of debts due to or from the United States, to preserve adjusted accounts with vouchers and certificates, to record warrants drawn upon the treasury. to sign and issue government securities, an take charge of the reece of vessels under Tnited States laws. See Rev. St. U.S. 812, 313 (U. S. Comp. St. 1901, p. 183).—Reegister of wills. An officer in some of the states whose function is to record and preserve all wills admitted to probate, to issue letters testamentary or of administration, to receive and file accounts of executors, etc., and generally to act as the clerk of the probate court.— Register of writs. A book preserved in the English court of chancery, in which were entered the various forms of original and judicial writs.

139; Abb. Shipp. 58-96. —Registry of deeds. The system or organis-

479. -Deed of release. A deed operating by way of release, in the sense of the sixth definition given above; but more specifically, in those states where deeds of trust are in use instead of common-law mortgages, as a means of pledging real property as security for the payment of a debt, a “deed of release” is a conveyance in fee, executed by the trustee or trustees, to the grantor in the deed of trust, which conveys back to him the legal} title to the estate, and which is to be given on satisfactory proof that he has ‘paid the secured debt in full or otherwise com-

324.—Release Dy wey. of entry and feoffment. As if there two joint disseisors, und the disseisee releases to one of them, he shall be sole seised, and shall keep out his

324, 325.—Release of dower. The relinqguishment by a married woman of her expectant dower interest or estate in a particular parcel of realty belonging to her husband, as, by joining with him in a conveyance of it to a third person.—Release to uses. The conveyance by a deed of release to one party to the use of another is so termed. Thus, when a conveyance of lands was effected, by those instruments of assurance termed a lease and release, from A. to B. and his heirs, to the use of (. and his heirs, in such case C. at once took ‘the whole fee-simple in such lands; B., by the operation of the statute of uses, being made a mere conduit-pipe for conveying the estate to C. Brown.

197.

19.

514.

208) -° a

239.

857.

123. And.see In're Jacobs, 33 Hun (N. Y.) 374; Atchison & N. R. Co. v. Baty, 6 Neb. 37, 29 Am. Rep. 356; Johnson v. Johngon, 32 Ala. 637; People v. Berberrich, 20

347.

76.

842.—Sacramentum Adelitatis. In old English law. ‘The oath of fealty. Reg.

164. The crime of breaking a church or chapel, and stealing therein. 1 Russ. ‘Crimes, 843. In old English law. The desecration of anything considered holy; the alienation to lay-men or to profane or common purposes of what was given to religious persons and

245. Cope vy. Vallette Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct: 336, 830 LL. Ed 501; The Rita, 62 Fed. 763, 10 C. C. A. 629;

360

129. Sanderson y. Hunt, 25 Ky. Law

726.

79.

119”. Originally the “solidus” was a gold coin of the Byzantine Empire, but in medieval times the term was applied to several varieties of coins, or as descriptive of a money of account, and is supposed to be the root from which “shilling” is derived.

387.

306.—Special paper. A list kept in the English courts of common Jaw, and now in the king’s bench, common pleas, and exchequer divisions of the high court, in which list demurrers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, crown paper, revenue paper, etc., according to the practice of the par-

664.

266, 267, note a. Stat pro ratione voluntas. The will

199. When the affidavit and bond are delivered at the bankrupt office, an entry is made in what is called the “docket-book,” upon which the petitioning creditor is said to have struck a docket. Eden, Bankr. 51, 82.

430. The power of perpetual succession is one of the pecullar properties of a corporation. 2 Kent, Comm. 267. See PEr-

295. See Secta.

118, note; Lush, Pr. 1027.—Summary proceeding. See PROCEEDING. ,

180.—Quasi tenant at sufferance. An under-tenant, who is in ion at the determination of an original lease, and is per mitted by the reversioner to hold over.—Sole tenant. He that holds lands by his own right only, without any other person being joined with him. Cowell.—Tenant a volunte. L. Fr. A tenant at will—Tenant at sufforance. One that comes into the possession of land by lawful title, but holds over by wrong, after the determination of his interest. 4 Kent, Comm. 116; 2 Bl. Comm. 150; Fielder v. Childs, 73

112. See Shore v. Porter, 3 Term, 16;

179.—Tenant im tail. One who holds an estate in fece-tail, that is, an estate which, by the instrument creating it, is limited to some

76-84.

337-341.—Trial by wager of law. In old English law. A method of trial.- where the defendant, coming into court, made oath

129.

424, and note wu.

147; Mozley & Whitley.

520. : TWELVE-DAY WRIT. A writ issued

270.

17. — l

308, 309.

93.—-Villein regardant. A villein an-

(7th Ed.) 188.

230; 4 Broom & H. Comm. 153. Wharton.

234. See Voip.

348; Cro. Eliz. 818.—Wager policy. See Poticy oF INSURANCE.— Wagering contract. One in which the parties stipulate that they shall pain or lose, upon the happening of an uncertain. event, in which they have no interest except that arising from the possibility of such gain or Joss. Fareira v. Gabell, 80 Pa.

478. <A warranty implied from the general tenor of an instrument, or from particular words used in it. although no express warranty is mentioned. Thus, in every policy of insurance there is an implied warranty that the ship is seaworthy when the policy attaches. 3 Kent

287; 1 Phil. Ins. 308.—Lineal ware ranty. In old conveyancing. the kind of war-

281. '

65.

135.—Widow’s terce. In Scotch law. The right which a wife has after her husband's death to a third of the rents of lands in which her husband died infeft: dower. Bell.

13.

349. °