Kent, Comm
Categories: Contracts
Definition (1910 Edition)
78; Co. Litt. 220e; Litt. § 852.
76. This is the point to be settled in determining the domicile or residence of a party. Id. 77.— us mor The intention to remain, or to delay.—Animus possidendi. The intention of possessing.—Animus quo. The intent with which.—Animus recipiendi. The intention of receiving.— us recuperandi. The intention of recovering. Locc. de Jure Mar. lib. 2, c. 4, § 10. —Animus republicandi. The intention to republish—Animus restituendi. The _ intention of restoring. Fleta, lib. 3, c. 2, § 3.— Animus revertendi. The intention of returning. A man retains his domicile if he leaves it anitmo revertendt. In re Miller’s Estate, 3 Rawle (Pa.) 312, 24 Am. Dec. 345; 4
211; 4 Term, 735. Altemus vy. Ely, 3 Rawle (Pa.) 307; In re Goodenough, 19 Wis. 274; Phelps v. Railroad Co., 99 Pa. 113; Lyon v. Whitemore. 3 N. J. Law, 845. —Apprentice en la ley. An ancient name for students at law, and afterwards applied to
4398. A running stream should be left to flow in its natural channel, without alteration or diversion. A fundamental maxim in the law of water-courses.
517.
133.
94, note; “Buckner v. Finley, 2
802; Story, Bailm. § 515; Bac.
345, 346, note.
159. Contracts between nations at war, or their subjects.
307.
429; Story, Confil. Laws, § 362.
633; 2 Steph. Comm. 119.
121.
318; Martin v. Hunter, 1
413-422; Pom. Const. Law;
260, note; Broom, Max. 842.
557.
323, note.
126; 1 C. Rob. Adm. 289.—Jure eivili. Hy the civil law. Inst. 1, 3,4; 1 BI.
112, 433.—~—Lex fori.
99. James v. Morey, 2 Cow. (N. Y¥.) 300, 14 Am. Dec. 475; Duncan V. Smith, 31 N. J. Law, 327.
616, note; Inst. 3, 28, 1.
448. A right acquired by use may be lost by non-user.
371; The Tilton, 5 Mason, 465,
102.
362.
421. When the use of a thing is granted, everything is granted by which the grantee may have and enjoy such use. Id.
461.—Rent-service. This consisted of fealty, together with a certain rent, and was the only kind of rent originally known to the common law. It was so called because it was given as a compensation for the services to which the land was originally liable. Brown. —Rents of assize. The certain and determined rents of the freeholders and ancient copyholders of manors are called “rents of assize.”’
347.—Res nova. A new matter; a new case; a question not before decided.—
459. 3
157. See Sleght v. Hartshorne, 2 Johns. (N. Y.) 540.—Sea-reeve. An officer in maritime towns and places who took care of the maritime rights of the lord of the manor, and watched the shore, and collected wrecks for the lord. Tomlins.—Sea rovers. Pirates and robbers at sea.—Sea-shore. The margin of the sea in its usual and ordinary state. When the tide ig out, low-water mark is the margin of the sea; and, when the sea is full, the margin is high-water mark. The sea-shore is therefore all the ground between the ordinary highwater mark and low-water mark. It cannot be considered as including any ground always covered by the sea, for then it would have no definite limit on the sea-board. Neither can it include any part of the upland, for the same reason. Storer v. Freeman, 6 Mass. 439, 4 Am. Dec. 155; Church v. Meeker, 34 Conn. 424. That space of land over which the waters of the sea are spread in the highest water during the winter season. Civ. Code La. art. a eaworthy, Seaworthiness. See those es.
616; Dig. 14, 6, 16; Id. 46, 3, 12, 4.
485; Broom, Max. 781.
224.—Testamentary paper. An instrument ey the nature of a will; an unprobated will; per writing which is of the character of a ‘will, though not formally such, and which, if allowed as a testament, will have -the effect of a will upon the devolution and distribution of property.—Testamentary succession, In Louisiana. that which results from the institution of an heir contained in a testament executed in the form prescribed by jaw. Civ. Code La. 1900, a 6.—Testamentary trugtee. See TRUSTEE.
314.
76. This is the point to be settled in determining the domicile or residence of a party. Id. 77.— us mor The intention to remain, or to delay.—Animus possidendi. The intention of possessing.—Animus quo. The intent with which.—Animus recipiendi. The intention of receiving.— us recuperandi. The intention of recovering. Locc. de Jure Mar. lib. 2, c. 4, § 10. —Animus republicandi. The intention to republish—Animus restituendi. The _ intention of restoring. Fleta, lib. 3, c. 2, § 3.— Animus revertendi. The intention of returning. A man retains his domicile if he leaves it anitmo revertendt. In re Miller’s Estate, 3 Rawle (Pa.) 312, 24 Am. Dec. 345; 4
211; 4 Term, 735. Altemus vy. Ely, 3 Rawle (Pa.) 307; In re Goodenough, 19 Wis. 274; Phelps v. Railroad Co., 99 Pa. 113; Lyon v. Whitemore. 3 N. J. Law, 845. —Apprentice en la ley. An ancient name for students at law, and afterwards applied to
4398. A running stream should be left to flow in its natural channel, without alteration or diversion. A fundamental maxim in the law of water-courses.
517.
133.
94, note; “Buckner v. Finley, 2
802; Story, Bailm. § 515; Bac.
345, 346, note.
159. Contracts between nations at war, or their subjects.
307.
429; Story, Confil. Laws, § 362.
633; 2 Steph. Comm. 119.
121.
318; Martin v. Hunter, 1
413-422; Pom. Const. Law;
260, note; Broom, Max. 842.
557.
323, note.
126; 1 C. Rob. Adm. 289.—Jure eivili. Hy the civil law. Inst. 1, 3,4; 1 BI.
112, 433.—~—Lex fori.
99. James v. Morey, 2 Cow. (N. Y¥.) 300, 14 Am. Dec. 475; Duncan V. Smith, 31 N. J. Law, 327.
616, note; Inst. 3, 28, 1.
448. A right acquired by use may be lost by non-user.
371; The Tilton, 5 Mason, 465,
102.
362.
421. When the use of a thing is granted, everything is granted by which the grantee may have and enjoy such use. Id.
461.—Rent-service. This consisted of fealty, together with a certain rent, and was the only kind of rent originally known to the common law. It was so called because it was given as a compensation for the services to which the land was originally liable. Brown. —Rents of assize. The certain and determined rents of the freeholders and ancient copyholders of manors are called “rents of assize.”’
347.—Res nova. A new matter; a new case; a question not before decided.—
459. 3
157. See Sleght v. Hartshorne, 2 Johns. (N. Y.) 540.—Sea-reeve. An officer in maritime towns and places who took care of the maritime rights of the lord of the manor, and watched the shore, and collected wrecks for the lord. Tomlins.—Sea rovers. Pirates and robbers at sea.—Sea-shore. The margin of the sea in its usual and ordinary state. When the tide ig out, low-water mark is the margin of the sea; and, when the sea is full, the margin is high-water mark. The sea-shore is therefore all the ground between the ordinary highwater mark and low-water mark. It cannot be considered as including any ground always covered by the sea, for then it would have no definite limit on the sea-board. Neither can it include any part of the upland, for the same reason. Storer v. Freeman, 6 Mass. 439, 4 Am. Dec. 155; Church v. Meeker, 34 Conn. 424. That space of land over which the waters of the sea are spread in the highest water during the winter season. Civ. Code La. art. a eaworthy, Seaworthiness. See those es.
616; Dig. 14, 6, 16; Id. 46, 3, 12, 4.
485; Broom, Max. 781.
224.—Testamentary paper. An instrument ey the nature of a will; an unprobated will; per writing which is of the character of a ‘will, though not formally such, and which, if allowed as a testament, will have -the effect of a will upon the devolution and distribution of property.—Testamentary succession, In Louisiana. that which results from the institution of an heir contained in a testament executed in the form prescribed by jaw. Civ. Code La. 1900, a 6.—Testamentary trugtee. See TRUSTEE.
314.
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.