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Ed

Categories: Criminal Law

Definition (1910 Edition)

619.

55.

6090.—Cross-appeal. Where both parties

869; State v. Compson, 34 Or. 25, 54 Pac. 349; Reid v. Gorsuch, 67 N. J. Law, °896, 51

689; Barrett v. Bloomfield Sav. Inst., 64

746; Feeney v. Howard, 79. Cal. 525, 2]

234; Hunter v. State, 29 Ind. 80; State v. Petit, 32 Wash. 129, 72 Pac. 1021; State v. Langford, 12 N. C. 253; State v. McCall, 4

1047; Smith v. Adams, 130 U. ‘8. 167, 9

540; Barnard v. Kellogg, 10 Wall. 388, 19

1011; Turpin v. State, 55 Md. 462; Leary v. Railway Co., 69 N. J. Law, 67, 54 Atl. 527;

95: Fisher v. Fieldin , 67 Conn. 91, 34

710; Winder v. Caldwell, 14 How. 444, 14 L. Ed. 487; Cooley v. Board of Wardens,

452; Cummings v. St. Louis, 90 Mo. 259, 2 S. W. 130; Newell v. Hancock, 67 N. H. 244, 35 Atl. 253; Bath v. Boyd, 23 N. C. 194:

644; Redman vy. Insurance Co., 49 Wis. 431, 4 N. W. 591: Beatty’s Estate v. Western

428.

1137; Minis v. Nelson (C. C.) 43 Fed. 779; Panaud v. Jones, 1 Cal. 498; TLursh vy.

869; Bristol v. Atwater, 50 Conn. 406; Mangum y. Piester, 16 S. C. 325; Civ. Code

903: Ramsey vy. Cox, 28 Ark. 369; Houston & T. C. R. Co. v. Texas, 177 U. S. 66, 20

592; The Bally, 8 Cranch, 382, 3 L. 5 507; Lrize Cases, Z Black. 674, 17 L. Ed. 459. —Publie enemy. A nation at war with the United States; also every citizen or subject of such nation. Not including robbers, thieves, private depredators, or riotous mohs. State v. Moore, 74 Mo. 417, 41 Am. Rep. 322; Lewis v. Ludwick, 6 Cold. (Tenn.) 368, 98 Am.

889; U. 8S. v. Smith, 4 N. J. Law, 33.

156; McGregor v. Comstock, 17 N. Y. 166. Fines were abolished in England by St.3 & 4 Wm. IV. « 74, substituting a disentailing deed, (g. v.)

716; Keppel v. Railroad Co., 14 Fed. Cas. 7.—Government de jure. <A government of right; the true and lawful government; a gov-. ernment established according to the constitution of the state, and lawfully entitled to recognition and supremacy and the administration of the state, but which is actually cut off from power or control. A government deemed lawful, or deemed rightful or just, which, nevertheless, has been supplanted or displaced; that is to say, which receives not presently (although it received formerly) habitual obedience from the bulk of the community. Aust. Jur. 324.—Local government. The government or administration of a particular locality; especially, the governmental authority of a municipal corporation, as a city or county, over its local and individual affairs, exercised in virtue of power delegated to it for that purpose by the general government of the state or nation.—Mixed vernment. <A form of government combinng some of the features of two or all of the three primary forms, viz., monarchy, aristocracy, and democracy.—Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. Black, Const. Law at Ed.) 309; In re Duncan, 139 U. S. 449, 11 up. Ct. 578, 85 L. Ed. 219; Minor v. Happersett, 21 Wall. 175, 22 L. Ed. 627.

122. A distinction has been taken, in some decisions, betwcen “harbor” and ‘“conceal.” A person may be convicted of harboring a slave, although he may not have concealed her. McElhaney v. State, 24 Ala. 71.

1187.

113. Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and cavtion, and with a proper display of nautical skill, to prevent the occurrence of the accident. Sampson v. U. S., 12 Ct. Cl. 491.

236.—Psychoneurosis. Mental disease without recognizable anatomical lesion, and without evidence and history of preceding chronic mental degeneration. Under this head come melancholia, mania, primary acute dementia, and mania hallucinatoria. Cent. Dict. “Neurosis,” in its broadest sense, may include any disease or disorder of the mind, and hence all the forms of insanity proper. But the term “psychoneurosis” is now employed by Freud and o er European specinlists to describe that class of exaggerated individual peculiarities or idiosyncrasies of thought towards special objects. or topics which are absent from the perfectly nor. mal mind, and which yet have so little influence upon the patient’s conduct or his general modes of thought that they cannot properly be described as “insanity” or as any form of “mania,” especially because ordinarily unaccompanied by any kind of delusions. At most, they lie on the debatable border-land between sanity and insanity. These idiosyncrasies or obsessions may arise from superstition, from a real incident in the patient’s past history upon which he has brooded until it has assumed an unreal importance or significance, or from general neurasthenic conditions. Such, for example, are a terrified a from certain kinds of animals, unreasonable dread of being shut up in some enclosed place or of being alone in a crowd, excessive fear of being poisoned, groundless conviction of irredeemable sinfulness, and countless other prepossessions, which may range from mere weak-minded superstition to actual monomania.Katatonia. A form of insanity diatinguished by periods of acute mania and melancholia and especially by cataleptic states or conditions; the “insanity of rigidity.’’ (Kahlbaum.) A type of insanity characterized par; ticularly by “stereotypism,’ an instinctive inclination to purposeless repetition of the same expressions of the will, and ‘“negativism,” a senseless resistance against every outward influence. (Kraepelin.)}—EFolie ec re. The French name for circular insanity or maniacaldepressive insanity.—General paralysis. Dementia paralytica or paresis.

816.

244; Louisville & N. R. Co. v. Railroad

4233; -

765; U. S. vy. Britton (Com. C.) 17 Fed. 733; Dunlop v. U. S., 165 U. S. 486, 17 Sup.

251; Hunter v. Morse, 49 Tex. 219. “League and labor,” an area of land equivalent to 4,605 acres. Ammons v. Dwyer, 78

104; Gibson v. Connecticut F.. Ins. Co. (C.

60; U. 8. v. Butterworth, 169 U. S. 600, 18 Sup. Ct. 441, 42 L. Ed. 873.

778. A mandate, procuration, or letter of attorney is an act by which one person Ss power to another to transact for him and in his name one or several affairs. The mandate may take place in five different manners,—for the interest of the person granting it only; for the joint a pt of both parties; for the interest of a third person; for the interest of a third Se and that of the party granting it; and,

999. And see Packer v. Bird, 137 U. S. 661, 11 Sup. Ct. 210, 34 L. Ed. 819: The

618; U. S. v. Dunn, 120 U. 8. 249, 7

672.—Public notice. Notice given to the public generally, or to the entire community, or to all whom it may concern. See Pennsylvania Training School v. Independent Mut. FP.

746.

849.

197; Podolski v, Stone, 186 IJ}. 540, 58 N. E. 340; McIntvre v. Ajax Min. Co., 20

1136; New Process Fermentation Co. v.

158. And see Gibbons v. Ogden, 9 Wheat. 227, 6 L. Ed. 23; Gilman v. Philadelphia, 3

1071; De Lovio v. Boit, 7 Fed. Cas. 428;

640.—Secnrity for costs. See Costs.— Security for good behavior. A bond or recognizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct or threatening violence, conditioned upon his being of good behavior, or keeping the peace, for a prescribed period, towards all people in general and the complainant in particular.

357; Sanford v. Dick, 17 Conn. 213;

72.

440; Union Bank v. Hill, 8 Cold. (Tenn.) 325; Moore v. Shaw, 17 Cal. 218, 78 Am.

118; Chorpenning v. U. 8., 11 Ct. Cl. 628;

888; Runyon v. Bennett, 4 Dana (Ky) 509, 29 Am. Dec. 431.

251.

et Ord. Edits et Ordonnances (Lower Canada).
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.