Steph. Comm
Categories: Criminal Law
Definition (1910 Edition)
361; 2 Salk. 458.
422,
255. The escape from custody of a person lawfully arrested on criminal process.—-Breach of privilege. An act or default in violation of the privilege of either house of parliament, of congress, or of a state legislature—Breach of promise. Violation of a promise: chiefly used as an elliptical ex- »ression for “breach of promise of marridge.”’— Breach of the peace. <A violation of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4
188, 189. A magistrate of a borough. Blount.
109.
152-164.—OChurch discipline act. The statute 3 & 4 Vict. c. 86, containing regulations for trying clerks in holy orders charged with offenses against ecclesiastical law, and for enforcing sentences pronounced in such cases. Phillim. Ecc. Law, 1314.—Church of England. The church of Bngland is a distinct branch of Christ’s church, is also an insti-
720.
6, 7; 2 Bl. Comm. 34.—Common, tenants in. See TENANTS IN COMMON.
47,
33. In England, another branch of his judicial office is to inquire concerning shipwrecks, and certify whether wreck or not, and who is in possession of the goods; and also to inquire concerning treas-
224.
252.
168.
290. See REVERSION.
181, 290.—False plea. See SHAM PLEA.—False pretenses. In criminal law. False representations and statements, made with a fraudulent design to obtain money, goods, ‘wares, or merchandise. with intent to cheat. 2
225. An interest which may continue forever, but is liable to be determined, without the aid of a conveyance, by some act or event, circumscribing its continuance or extent. 4 Kent, Comm. 9; Moody v.
199. By the statute 12 & 18
165.—Free fishery. A franchise in the hands of a subject, existing by grant or prescription, distinct from an ownership in the soil. It is an exclusive right, and appnes to a public navigable river, without an re tin the soil. Kent, Comm. 410. Arnol v. Mundy, 6 N. J. La 0 Am. Dec.
148. In French law, the owner of a vessel is called the “freighter,” (freteur ;) the merchant who hires it is called the “affreighter,” (affreteur.) Emerig. Tr. des Ass. ch, 11, § 3.
337; Kline v. Beebe, 6 Conn. 500; Mauro v. Ritchie, 16 Fed. Cas. 1171. A guardian by statute is a guardian appointed for a child by the deed or last will of the father. and who has the custody both of his person and estate until the attainment of full age. This kind of guardianship is founded on the statute of 12 Car. II. c. 24, and has, been Pretty extensively adopted in this country. Bi. Comm. 462: 2 Steph. Comm. 339, 340; 2 Kent, Comm. 994-226; Huson v. Green, 88 Ga. 723, 16 & E. 255. <A guardian for nurture is the father. or, at his decease, the mother, of a child. This kind of guardianship extends only to the person, and determines when the infant arcives at the age of fourteen. 2 Kent, Comm. 221; 1 BI. Comm. 461; 2 Steph. Comm. 338; Mauro v. Ritchie, 16 Fed. Cas. 1171; Arthurs’ Appeal, 1 Grant Cas. (Pa.) 56. Guardian in chivalry.
358; Jones v. Fleming, 37 Hun (N. Y.) 230.—Heir special. In English law. The issue in tail, who claims per formam don ;- by the form of the gift—Heir substitute, in a bond. In Scotch law. He to whom a bond is payable expressly in case of the creditors decease, or after his death. 1 Forb. Inst. pt. 3, D. 76.—Heir testamentary. In the civil law. One who is named and appointed heir in the testament of the decedent. This name distinguishes him from a legal heir, (one upon whom the law casts the succession,) and from a conventional heir, (one who takes it by virtue of a previous contract or settlement. unconditio In the civil law. One who inherits without any reservation, or without making an inventory, whether his acceptance beexpress or tacit. Distinguished from heir bene-- fictary.—Joint heirs. Co-heirs. The term is also applied to those who are or will be heirs. to both of two designated persons at the death of the survivor of them, the word “joint” being here applied to the ancestors rather than the heirs. Gardiner v. Fay, 182 Mass. 492, 65 N. E. 825.—Lawful heirs. In a general sense, those whom the law recognizes as the heirs of a decedent, but in a special and technical sense, lineal descendants only. Abbott. v. Essex Co., 18 How. 215. 15 L. Ed. 852;- Rollins v. Keel, 115 N. C. 68, 20 S. E. 200;
2383.
309. é
562. A fallure of issue .whenever it shall happen, sooner or later, without any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274. Anderson v. Jackson, 16 Johns, (N. Y.) 399, 8 Am. Dec. 330; Downing v. Wherrin, 19
711. So termed from the emphatic word of the Latin form. Reg. Orig. 35d, 36. ;
60.
572, 580. oe Code Civ. Proc Cal. $ 589. —Issue roll. In English DractiCg. A roll upon which the issue in actions at law was formerly required to be. entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, however, the practice to enter the issue at full length, if triable by the country, until after the hee only to make an énctpitur on the roll.
517.
259. A legacy made dependent upon some uncertain event. Rop. Leg. 606. A legacy which has not vested. In re Engles’
204.— tary testament. See
260; 4 Bl. Comm. 121; Car
415.—Special occupant. <A person having a special right to enter upon and occupy’ lands granted pur autre vie, on the death of the tenant, and during the. life of cestus que vie. Where the grant is to a man and his heire during the life of cestus que vie, the heir succeeds as special occupan having a special exclusive right by the terms of the origiee mm. 259; 1 Steph. Comm.
(7th Ed.) 422n.
(7th Ed.) 168-185.
516..
644.
(7th Ed.) 560.—Primer seisin. See SEISIN.
450.
683.
422.
19n, 540.
247. ;
257. And £2 King v. Nicholson, 42 East, 340; Charles River Bridge v. Warren Bridge, 11 Pet. 582, 9 L. Ed. 773.—Tolltraverse. In English law. A toll for passing over a private man’s ground. Cowell. A tol for passing over the private soil of another. or for driving beasts across his ground. Cro. Eliz. 710.—Toli-turn. In English law. A toll on beasts returning from a market. 1 Crabb, Real
503; 2 BI. Comm. 335. These shifting uses are common in all settlements; and,
533; Wharton.
87.
217.
422,
255. The escape from custody of a person lawfully arrested on criminal process.—-Breach of privilege. An act or default in violation of the privilege of either house of parliament, of congress, or of a state legislature—Breach of promise. Violation of a promise: chiefly used as an elliptical ex- »ression for “breach of promise of marridge.”’— Breach of the peace. <A violation of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4
188, 189. A magistrate of a borough. Blount.
109.
152-164.—OChurch discipline act. The statute 3 & 4 Vict. c. 86, containing regulations for trying clerks in holy orders charged with offenses against ecclesiastical law, and for enforcing sentences pronounced in such cases. Phillim. Ecc. Law, 1314.—Church of England. The church of Bngland is a distinct branch of Christ’s church, is also an insti-
720.
6, 7; 2 Bl. Comm. 34.—Common, tenants in. See TENANTS IN COMMON.
47,
33. In England, another branch of his judicial office is to inquire concerning shipwrecks, and certify whether wreck or not, and who is in possession of the goods; and also to inquire concerning treas-
224.
252.
168.
290. See REVERSION.
181, 290.—False plea. See SHAM PLEA.—False pretenses. In criminal law. False representations and statements, made with a fraudulent design to obtain money, goods, ‘wares, or merchandise. with intent to cheat. 2
225. An interest which may continue forever, but is liable to be determined, without the aid of a conveyance, by some act or event, circumscribing its continuance or extent. 4 Kent, Comm. 9; Moody v.
199. By the statute 12 & 18
165.—Free fishery. A franchise in the hands of a subject, existing by grant or prescription, distinct from an ownership in the soil. It is an exclusive right, and appnes to a public navigable river, without an re tin the soil. Kent, Comm. 410. Arnol v. Mundy, 6 N. J. La 0 Am. Dec.
148. In French law, the owner of a vessel is called the “freighter,” (freteur ;) the merchant who hires it is called the “affreighter,” (affreteur.) Emerig. Tr. des Ass. ch, 11, § 3.
337; Kline v. Beebe, 6 Conn. 500; Mauro v. Ritchie, 16 Fed. Cas. 1171. A guardian by statute is a guardian appointed for a child by the deed or last will of the father. and who has the custody both of his person and estate until the attainment of full age. This kind of guardianship is founded on the statute of 12 Car. II. c. 24, and has, been Pretty extensively adopted in this country. Bi. Comm. 462: 2 Steph. Comm. 339, 340; 2 Kent, Comm. 994-226; Huson v. Green, 88 Ga. 723, 16 & E. 255. <A guardian for nurture is the father. or, at his decease, the mother, of a child. This kind of guardianship extends only to the person, and determines when the infant arcives at the age of fourteen. 2 Kent, Comm. 221; 1 BI. Comm. 461; 2 Steph. Comm. 338; Mauro v. Ritchie, 16 Fed. Cas. 1171; Arthurs’ Appeal, 1 Grant Cas. (Pa.) 56. Guardian in chivalry.
358; Jones v. Fleming, 37 Hun (N. Y.) 230.—Heir special. In English law. The issue in tail, who claims per formam don ;- by the form of the gift—Heir substitute, in a bond. In Scotch law. He to whom a bond is payable expressly in case of the creditors decease, or after his death. 1 Forb. Inst. pt. 3, D. 76.—Heir testamentary. In the civil law. One who is named and appointed heir in the testament of the decedent. This name distinguishes him from a legal heir, (one upon whom the law casts the succession,) and from a conventional heir, (one who takes it by virtue of a previous contract or settlement. unconditio In the civil law. One who inherits without any reservation, or without making an inventory, whether his acceptance beexpress or tacit. Distinguished from heir bene-- fictary.—Joint heirs. Co-heirs. The term is also applied to those who are or will be heirs. to both of two designated persons at the death of the survivor of them, the word “joint” being here applied to the ancestors rather than the heirs. Gardiner v. Fay, 182 Mass. 492, 65 N. E. 825.—Lawful heirs. In a general sense, those whom the law recognizes as the heirs of a decedent, but in a special and technical sense, lineal descendants only. Abbott. v. Essex Co., 18 How. 215. 15 L. Ed. 852;- Rollins v. Keel, 115 N. C. 68, 20 S. E. 200;
2383.
309. é
562. A fallure of issue .whenever it shall happen, sooner or later, without any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274. Anderson v. Jackson, 16 Johns, (N. Y.) 399, 8 Am. Dec. 330; Downing v. Wherrin, 19
711. So termed from the emphatic word of the Latin form. Reg. Orig. 35d, 36. ;
60.
572, 580. oe Code Civ. Proc Cal. $ 589. —Issue roll. In English DractiCg. A roll upon which the issue in actions at law was formerly required to be. entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, however, the practice to enter the issue at full length, if triable by the country, until after the hee only to make an énctpitur on the roll.
517.
259. A legacy made dependent upon some uncertain event. Rop. Leg. 606. A legacy which has not vested. In re Engles’
204.— tary testament. See
260; 4 Bl. Comm. 121; Car
415.—Special occupant. <A person having a special right to enter upon and occupy’ lands granted pur autre vie, on the death of the tenant, and during the. life of cestus que vie. Where the grant is to a man and his heire during the life of cestus que vie, the heir succeeds as special occupan having a special exclusive right by the terms of the origiee mm. 259; 1 Steph. Comm.
(7th Ed.) 422n.
(7th Ed.) 168-185.
516..
644.
(7th Ed.) 560.—Primer seisin. See SEISIN.
450.
683.
422.
19n, 540.
247. ;
257. And £2 King v. Nicholson, 42 East, 340; Charles River Bridge v. Warren Bridge, 11 Pet. 582, 9 L. Ed. 773.—Tolltraverse. In English law. A toll for passing over a private man’s ground. Cowell. A tol for passing over the private soil of another. or for driving beasts across his ground. Cro. Eliz. 710.—Toli-turn. In English law. A toll on beasts returning from a market. 1 Crabb, Real
503; 2 BI. Comm. 335. These shifting uses are common in all settlements; and,
533; Wharton.
87.
217.
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.