Legal Definition-Consent Decree

Consent decree means supervision of a police department by a federal authority upon the police department's own consent.

Pursuant to the terms of a federal consent decree in effect for 25 years, NYCHA had been prohibited from commencing a summary eviction proceeding for non-desirability (including drug related activity) without first affording the tenant an administrative hearing (Escalera Decree) (Escalera v NYCHA, 425 F2d 853 [2nd Cir 1970](No. 67 Civ 4307[WRM], SD NY, March 23, 1971)).
See New York City Hous. Auth. v Williams

Brady Violation

Brady violation means public attorney's failure to provide the defendant side with material evidence in favor of the defendant.

The obligation of the public attorney was set under Brady vs. State of Maryland

Tunnel Vision Legal Definition

Tunnel vision is a type of misconduct by police and public attorney, where they are so strictly dependant on one theory for analysing the crime that they find a way to interpret every information and documentation about the crime in favor of that theory. This vision fails chacking validity of the explanations suggested other than the fixed theory.

Finally, the evaluations said his attitude and judgment were slipping due to "tunnel vision" which led him to desire only to ride his motorcycle. McManigal's supervisor said if his attitude did not change, a transfer would be recommended.
See McManigal v. City of Seal Beach (1985)

What Does Dry-Labbing Mean?

Dry-labbing or drylabbing means false testimony given by experts on their forensic tests, which were never performed actually.

It is a fictional result provided in lieu of a scientific evidence.

What is the Difference Between Admission and Confession

In every confession, there is an admission: "I did it".

However, a confession contains more than an admission. It may further give details about the crime, or suggest a defence about the crime.

Legal Term For Withholding Information

Legal term for withholding information is concealment of information or suppression of information.

Concealment of information more refers to a physical hiding of information, whereas suppression of information more refers to a mental way of avoiding a disclosure.

Radin Law Dictionary - Selected Legal Maxims

Source: Hathi Trust

A verbis legis non est recedendum. We should not depart from the words of a statute.
Accessorium non ducit sed sequitur suum principale.
What is accessory does not lead, but follows what is primary, i. e., an inference can be drawn from a primary fact to an accessory one, but not vice versa.
Accessorium sequitur naturam sui principalis.
What is accessory follows the character of the primary thing.
Accessorium sequitur principale.
What is accessory follows the primary thing.
Accusare nemo se debet.
No one can be required to accuse himself.
Acta exteriora indicant interiora secreta. External acts indicate what is hidden within.
Actio personalis morirur cum persona. A personal action dies with the person.
Actus curiae neminem gravabit. An act of the court will burden no one.
Actus Dei nemini facit injuriam.
An act of God does wrong to no one.
Actus legis nemini est damnosus.
An act of the law causes [legalj damage to no one.
Actus non reum facit nisi mens sit rea.
(Sometimes incorrectly with actio instead of actus.)
An act makes no man guilty, unless the intention was guilty.
Ad ea quae frequentius accidunt jura adap-tantur.
Law [i. e., rights in law] is based on those things which happen more frequently.
Ad proximum antecedent flat relatio, nisi
impediatur sententia. A relative word is to be referred to the nearest antecedent, unless the meaning is thereby impaired.
Ad quaestiones facti non respondent judices; ad quaestiones legis non respondent jura-tores.
The judges do not answer questions of
fact; the jurors do not answer questions of law.
Aedificare in tuo proprio solo non licet quod
alteri noceat.
You may not build on your ground something that injures another person.
Aedificatum solo, solo cedit.
What is built on the soil, yields to the soil: (i. e., becomes part of it
Aequitas a git in personam.
Equity acts upon the person.
Alienatio rei praefertur juri acxrescendi.
Alienation of a thing is preferred to the
right of accumulation.
Aliquis non debet esse judex in propria causa, quia non potest esse judex et pars.
No one ought to be judge in his own case because he cannot be both judge and party.
Aliud est eel are, aliud tacere.
To conceal something is one thing; to be silent, another.
Allegans contraria non est audiendus.
One who alleges contradictory things is not to be heard.
Ambiguitas verborum Uteris verification* supplerur; nam quod ex facto oritur am-biguum verificatione facti tollitur.
A latent verbal ambiguity will be supplied by verification; for an ambiguity that arises from a doubt about a Fact is removed by verifying the fact.
Ambiguura placitum interpret ari debet
contra proferentem.
An ambiguous plea ought to be Interpreted against the person who enters it
Apices juris non sunt jura.
The fine points of the law are not the law.
Argumentum ab uspossibili plurimum valet
in lege.
The argument from impossibility is of great force in law.
Argumentum ab inconvenienti est validum in lege; quia lex non permittit aliquod in-conveniens. The argument from Inconvenience is strong in law, because the law does not permit anything inconvenient

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As sign at us utilur jure auctoris.
The assignee uses Ihc right of his assignor.
Benigne faeiendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire.
Interpretations should be liberal, because of the lack of training of laymen, so that a grant should be valid rather than void, and words should be made subordinate to the purpose, not vice versa.
Boni judicis est ampliare jurisdictioncm (or justitiam).
A good judge should extend jurisdiction (or justice).
Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert. A good judge judges according to what is right ana just and prefers equity to strict law.
Cadaver nullius in bonis.
A dead body is no one's property.
Casus omissus et oblivtoni datus dispositioni communis juris relinquitur.
A situation unprovided for and permitted to be forgotten, is left to the determination of the common law.
Caveat emptor, qui ignorare non debuit quod
jus alienum emit.
Let the buyer beware since he should not be ignorant that he is buying whatever right some other person has.
Caveat venditor.
Let the seller beware.
Certum est quod cerium reddi potest.
That is definite which can be rendered definite.
Cessante causa, cestat effectus.
When the cause ceases, the effect also
Cessante ratione legis ccssat et ipsa lex.
When the reason for the law ceases, the law itself ceases.
Cessante statu primitivo, ccssat derivativus. When the original situation ceases, the derived one ceases.
Clausula quae abrogationem excludit ab
initio non valet.
A clause which forbids abrogation is invalid from the beginning.
Clausula vel disposition inutilis per praesump-tionem remotam vel causam remotam ex post facto non fulcitur.
An invalid clause ur provision is not supported by a strained presumption or by a cause that arises ex post facto.
Clausulae inconsuetae semper inducunt sus-picionem.
Unusual clauses always create suspicion.
CogJtatonis poenam nemo paritur.
No one suffers punishment for thoughts.
Commodum ex injuria sua nemo habere debet.
No one should obtain an advantage from his own wrong.
Communis error facit jus.
A generally accepted error creates law.
Consensus non concubitus facit mafari-monium.
The agreement makes a marriage, not sexual cohabitation.
Consensus tollit errorem.
Agreement removes mistakes.
Constructio legis non facit in juri am.
A law properly interpreted creates no wrong.
Consuetudo ex certa causa rationabili usit-tata privat comraunem legem.
A custom based on a reasonable and definite cause and commonly in use, rule.* out the common law.
Contemporanea expositio est optima et fortissimo in lege.
Contemporary application is the best and strongest means of understanding the law.
Contra non valentcm agere nulla turrit
No prescription runs against a man while incapacitated from suing.
Copulatio verborum indicat acceptationem
in eodem sensu.
The coupling of words indicates that they are to be taken in the same sense.
Corpora lis injuria non recipit aestimationem de futuro.
An injury to the body (of a man) cannot be compensated for by later acts.
Crimen omnia ex se nata vitiat.
Crime vitiates all that is bom of it.
Cui licet quod ma jus non debet quod minus
est non licere.
It is unreasonable that anyone be not permitted to do a little thing, when he is permited to do a greater thing.
Cuicunque aliquis quid concedit, concedere videtur et id sine quo res ipsa esse non potuit.
When someone grants something to a person he also evidently grants that without which the very matter could not exist.
Cuicunque aliquis quid concedit concedere videtur et id sine quo res ipsa esse non potuit.

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Whoever pants a thing is presumed also to grant that without which the grant of the thing itself would be without effect.
Cuilibet in arte sua perito est credendum.
We should trust a man skilled in his craft.
Cuius est dare, ejus est dispooere.
Whoever has the right of giving a thing, has the right of any disposition of it.
Cujus est instituere, ejus est abrogore.
Whoever has the right of establishing anything, also has the right of abolishing
Cujus est solum, ejus est usque ad coeium.
Who has the soil, also owns everything up to the sky.
Cum duo inter se pugnantia reperiuntur in
tentumento, ultimum ratum est.
When two contradictory provisions are found in a will, the last is valid.
Cum in lestamento ambiRue aut etiam per-peram scrip turn est, benigne interpretari, et secundum id quod credibile est co git a turn credendum est.
When there is an ambiguous or absurd provision in a will it is to be liberally interpreted and it is to be supposed that the intention was to make a credible (I. e., an inclligible) provision.
Cum par delictum est duorum, semper one-ratur petitor, et melior habetur possessoris causa.
When there is equal guilt on both sides, the burden is always placed on the plaintiff, and the situation of the possessor is regarded as better.
Cursus curiae est lex curiae.
The practice of the court is the law of the court.
De fide et officio judicis non recipitur quaes-tio, sed de scientia sive sit error juris sive facti.
The good faith and honesty of a iudge may not be questioned but his decision may be questioned for error of law or of fact.
De gratia speciali, cert a scientia, et mero motu—talis clausula non valet in his in quibus praesumitur principem esse ignor-antem.
In matters in which it is presumed that the monarch has taken no note, no validity is to be given to the phrase "our special grace, certain knowledge and mere motion.
De minimis non curat lex.
The law does not concern itself with matters of trifling importance.
De non apparentibus et non existentibuj
eadem est ratio.
Things not in evidence and things non-existing arc accounted the same.
Debtle fundi men him faDit opus.
A weak foundation frustrates the [sc. entire) work.
Debitorum pactionibus creditorum petitio
nec colli nec minui potest.
The claim of creditors can neither be increased nor diminished by agreements among the debtors.
Delegata potestas non potest delegari.
A delegated power cannot be further delegated.
Delegatus non potest delegare.
A person acting with delegated power, cannot delegate it.
Deus solus haeredem fa cere potest, non homo.
Only Cod can make an heir, not man.
Dies dominicus non est juridicus.
Sunday is not a law-day: (i. e., a day for legal transactions),
Discretio est discernere per legem quid sit justum.
Discretion is the act of determining by law what is just.
Dolo malo pactum se non servaturum.
A contract cannot validly arise out of fraud.
Dolosus versatur in generalibus.
A fraudulent person takes refuge in general statements.
Dolus circuitu non purgatur.
Fraud is not purged by circuity (i. c., by the fact that it is done by indirect means).
Domus sua cuique est tutissimum refugium. Everyone's home is his safest place of refuge.
Dona clandestine sunt semper suspicion.
Secret gifts are always suspicious.
Donatio non praesumitur.
A gift is not presumed.
Duo non possunt in solido unam rem pos-sidere.
Two cannot possess the same thing in its entirety.
Ea quae commendandi causa in venditioni-bus dicuntur, si palam appareant venditorem non obligant.
Those things which are said in sales, in praise of the thing sold, if they clearly appear (sc. to be for that purpose) do not bind the seller.
Digitized b

Original from
Eadem mens praesumitur regis quae est juris
et quae esse debet, praesertim in dubiis.
It is presumed, especially in cases of doubt, that the Crowns purpose is the same as the purpose of the law and what ought to be the case.
Ejus nulla culpa est cui parere necesse sit. He who is required to obey, is not at fault in doing so.
Ei antecedentibus et consequentibus fit optima interpret atio.
The best interpretation is that which is based on what precedes and what follows [i.e., the words of a statute or document].
Ex dolo malo non oritur actio.
No action can be based on fraud (sc. in favor of the fraudulent person).
Ex facto jus oritur.
Law arises out of facts.
Ex maleficio non oritur contractus.
No contract arises out of a wrongful act.
Ex multitudine signorum, colli gitur IdenrJtas vera.
The true identity of a thing is inferred from a number of indications.
Ex nihilo nihil fit.
From nothing nothing arises.
Ex nudo paclo non oritur actio.
An action does not lie from the mere fact of agreement (i. e., out of a bare promise).
Ex pacta illicitn non oritur actio. An action will not lie on an agreement to do something unlawful.
Ex turpi causa non oritur actio. No action arises from an immoral consideration.
Excusat aut extenuat delictum in capitatibus, quod non operatur idem in civilibus.
A matter may excuse or lessen guilt in capital cases, which does not do so in civil cases.
Executio juris non habet (or facit) injuriam.
Execution of the law does no injury.
Expedit reipublicae ne sua re quis male utatur.
It is to the interest of the state that no one misuse his own property.
Expressio eorum quae tacite insunt nihil operatur.
The expression of things which are present by implication, works nothing.
Expressio unius est exclusio alterius. The express mention of a thing includes the exclusion of something else.
Expressum facit ceasare taciturn.
What is expressed avoids implication.
Extra territorium jus dicenti non paretur impune.
One may disobey with impunity any one who acts as a judge outside or his jurisdiction.
Facta sunt potentiora verbis.
Acts are stronger than words.
Falsa deraonstratio non nocet. A wrong statement of the occasion for an act does not prejudice the act.
Falsa demonstratione legatum non perimi.
A legacy is not avoided by a false statement of reasons.
Favorabiliores rei potiiu quam act ores
The defendants are regarded with greater favor than the plaintiffs (or accusers).
Fictio legis inique operatur alicui damnum vel injuriam.
It is unjust if a legal fiction works harm
or injury to anyone.
Fortior et potentior est dispositio legis quam hominis.
Tho disposition of the law is stronger and greater than that of man.
Frater fratri uterino non succedit in haere-
ditate paterna. A half-brother on the mother's side will not succeed his half brother in the devolution of the paternal estate.
Frustra legis auxilium quaerit qui in legem committit.
He seeks the aid of law in vain who offends against the law.
Furiosi nulla voluntas est.
A madman cannot form an intention.
Furiosus solo furore punirur. A madman is sufficiently punished by the fact that he is mad.
Ceneralia verba sunt generaliter intelligenda. General words are to be understood generally.
Crammatica falsa non vitiat chart am.
False grammar does not vitiate a deed.
Haereditas nunquam ascendit. Inheritance never ascends.
Haeres legitimus est quern nuptiae demon-strant.
The legitimate heir is he whom the marriage designates as such.
Idem est non esse et non apparere.
If a thing does not appear it is the same as if it does not exist.
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Ignorantia eorum quae quii scire tenetur non excusat.
Ignorance of that which a person is held to know does not excuse him.
Ignorantia facti excusat, Ignorantia juris non excusat.
Ignorance of fact excuses, but ignorance ot law does not excuse.
Xmpossibilium nulla obligatio est.
One cannot be obliged to do what is impossible.
Impotentia excusat legem.
Impossibility of performing a legal duty excuses compliance.
In aequali jure melior est conditio possidentis.
Where there is equal right, the condition or claim of the possessor is better.
In ambigua voce legis ea potius accfplenda est significatio, quae vitio caret; praesertim cum etiam voluntas legis ex hoc colli gi possit.
Where the meaning of a law (or statute) is doubtful or ambiguous, the interpretation is preferred which makes it equitable or valid; particularly where it agrees with the purpose of the law.
In ambiguis orationibus maxim* sententia spectanda est ejus qui eas protulisset.
Where expressions are ambiguous, the intention of the person who used or made them should be particularly regarded.
In Anglia non est Interregnum.
In England there is no interregnum, i.e., the prerogatives of a deceased king vest immediately in his successor.
In casu extremae necessitatis omnia sunt communia.
In a situation of extreme necessity, all
things are owned in common.
In contractis tacite insunt quae sunt moris
et consuerudinis.
In contracts, there may be tacitly implied provisions which are based on custom and usage.
In conventionihus contrahentium voluntatem potius quam verba spcctari placuit. In contracts, the intention of the parties, rather than the actual words, should be regarded.
In criminal it us sufficit generalis malitia in-
tentionis cum facto paris gradus.
In crimes, the general malicious (or criminal) intent suffices where there is an
act of the same grade (or degree).
In disjunorivis sufficit alteram partem esse veram.
In disjunctives, It suffices that either part should be true.
In fictione juris semper aequitas existit.
In a legal fiction, equity is always present.
In generalibus versarur error.
Error abides in generalities.
In jure non remota causa, sed proxima, spectatur.
In law, not the remote but the immediate cause is regarded.
In maleficiis voluntas spectatur non exirus.
In criminal cases the will or intent must be regarded, not the result or issue.
In odium spoliatoris omnia praesumunrur.
All (things) are presumed against the wrong-doer.
In omnibus poenalibus judiciis, et actati et imprudentiae succurritur.
In all judgments involving punishment.
both age and imprudence (immaturity)
are aided.
In pari delicto melior est conditio possidentis.
In the case of equally guilty wrongdoers, the one in possession has the better claim (is in the better condition).
In pari delicto potior est conditio defen-dentis.
In the case of equally guilty wrongdoers, the condition of the defendant is stronger. In stipulationibus cum quaeritur quid actum sit, verba contra stipulatorem interpret an da sunt.
In contracts, if there is a question of what was done, the words are interpreted against the person stipulating (i.e., in favor of the promissor).
In testamentis plenius testatoris intentionem scrutamur.
In wills, the intention of the testator
should be sought fully.
In testamentis plenius volun tales test antrum interpretanrur.
In wilts, the will (or intent) of the testator is to be interpreted (determined) fully.
Index animi sermo.
Words are the index (or meaning) of the mind.
Injuria non excusat in juri am.
One wrong does not excuse another.
Interest reipublicae ut sit finis litimn.
It is in the public interest that there should be an end to litigation.
Invito beneficium non datur.
A benefit is not given to an unwilling person, i. e., to one against his will.

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assets. U. S. Bank. Act, sec. 1 (15).
BANNERET, KNIGHT. A person knighted on the field of battle. None seem to have been created since 1500.
B ANNULS. Lat. A banished man. See Banishment.
BANNS. The public announcement of an intended marriage so that those who know of any impediment may disclose it. In many Christian churches, except by special license or dispensation, proclamation of the banns is a requisite of a valid marriage.
BAR. A collective term for the attorneys who are licensed to practice before the courts, or a particular court, of any state. In England, parts of Canada and of Australia, the term is confined to those who are licensed to conduct trials and argue before the courts, the barristers, kings counsel, advocates and proctors. Those who advise persons on their civil rights and prepare legal documents are, in those jurisdictions, called solicitors or attorneys and are not regarded as members of the bar. See Plea in bar.
BARGAIN AND SALE. A contract by which one person agreed to sell lands to another. The effect of such a contract without a deed of conveyance was to raise a use in the bargainer in favor of the other party. The Statute of Uses (1536) would then operate to vest the latter with title.
The contract could be made, if such power was granted, by an executor who as executor did not have title to the property. The purchaser then took from the devisor, ousting the heir, who otherwise would have the title.
Under a bargain and sale deed the grantor warrants only that he has not incumbered the property. Cf. Quitclaim deed; Full covenant and warranty deed.
BARMASTER. The administrator of a Bar-mote Court.
BARMOTE COURT. A court of great antiquity in the lead mining districts of England with jurisdiction over claims and interests arising from such mining.
BARNARD'S INN. See Inns of Chancery.
BARON. 1. The technical term in the older common law procedure for a married man. The phrase, "baron et femmc," is translated by "husband and wife."
2. The lowest title in the present English peerage. A baron is addressed as -Lord."
BARONET. An hereditary knighthood ranking below the peerage and invested with
no duties or privileges. The order was founded in 1611 by James I. A baronet's full title is Sir John Smith, Baronet, the last being always abbreviated as Bart.
BARONY. The rank of a baron.
BARRATRY. (Also written Bairetry). 1. The crime of maliciously striking up groundless litigation and doing so as a constant practice. The term "common" is usually attached to the word. The offense is different from champerty and maintenance which is generally not a criminal offense and does not necessarily imply a malicious intent.
In the United States, the purchase of a cause of action with intent to sue upon it is often made a misdemeanor by statute.
2. A willful, fraudulent or grossly negligent act of the master or mariners of a vessel to the injury of the owner. The extreme example is the felonious seizure of the ship or cargo, or the delivery of the ship or cargo to pirates.
3. In Scotland, the crime of a judge who receives a bribe.
BARRETOR, BARRATOR. A person who commits the offense of barratry.
BARRISTER. One admitted to the bar. Used in England only of those who might appear in court on behalf of suitors or defendants, and not including solicitors and attorneys. In the United States, the term has no official meaning, but is a popular synonym for "lawyer." See Attor-ney-at-law.
BARTER. A contract in which personal property is transferred in exchange for other personal property. The contract is treated as a contract of sale under the Uniform Sales Act in the United States, $9 (2), but not in Englnnd. Sale of Goods Act, 1. (I).
BASE COIN. Coin which has been debased. BASE COURT. In England, a court not of record.
BASE ESTATE. An estate held by base tenure.
BASE FEE. A fee simple which will determine, i.e. come to an end, on the happening of a contingent future event. See Qualified fee.
BASE TENURE. Formerly used of a tenure held by non-free services, i.e. those of a serf.
BASILICA. A Greek translation and revision of the Corpus Juris Civilis in sixty books, published by the Emperor Leo Philos-ophus (888-911) but begun under Basil the Macedonian, from which fact it derives its name. Its "scholia" (I.e. marginal
Original (rom
Judicium ¦ non suo judice datum nullius est momenti.
A judgment given by one who is no
judge is of no moment.
Juro eodem modo destituuntur quo consti-tuuntur.
In the same way (by the same authority) that laws are constituted they arc repealed (or amended, etc.).
Jura sanguinis nullo jure civili dirimi pos-sunt.
The rights attaching to conjunction of blood cannot be taken away by civil law.
Jus accrescendi inter mercatores locum non
habet, pro beneficio commercii.
For the benefit of commerce, the right of survivorship has no place between merchants.
Jus respicit aequitatem.
The law pays regard to equity.
l>ges posteriores priores contrarias abro-gant.
Later statutes repeal the contrary provisions of earlier (or prior) statutes.
Lei neminem cogit ad vana seu inutilia peragenda.
The law docs not enforce anyone to do a vain (or fruitless) thing.
Lex nil facit frustra. nil jubet frustra. The law does not do anything nor corn-Is anyone to do anything which would futile.
Lex non cogit ad impossibilia.
The law does not require the performance of the impossible.
Lex plus laudatur quando rotione probatur.
The law is most praiseworthy when it is consonant with reason.
Lex respicit aequitatem.
The law pays regard to equity.
Lex semper debit remedium.
The law always furnishes a remedy.
Lex sped at naturae ordinem.
The law pays regard to the course of nature.
Licet dispositio de interessc futuro sit inutilis tamen potest fieri declaralio praecedens quae sortiatur e[Tectum interveniente novo actu.
Although the grant of a future interest may not be valid, nevertheless there can be made a declaration precedent which will take effect on the intervention of a new act.
(IK >
Line a recta semper praefertur transversal i.
The right (or direct) line (in matters of
descent) is always preferred to the collateral.
Majus dignum trahit ad se minus dignum.
The greater authority draws to itself the lesser authority.
Mala grammatica non vifdat chart am; ied in expositione instrumentorum mala grammatica quoad fieri possit evitanda est.
Bad grammar does not make a deed void; but in the expression (preparation) of instruments, baa grammar, wherever possible, should be avoided.
Maledicta expositio quae comirnpit textum.
It is a bad construction (explanation) which corrupts the text (or express language).
Malitia supplet aetatem.
Malice supplies the lack of mature age.
Malus usus est abolendus.
A bad custom is to be (should be) abolished.
Melior est conditio defendentis.
The condition (or claim) of the defendant is better (i.e., his claim is to be preferred to that of the plaintiff).
Misera est servitus, ubi jus est vagum aut incertum.
Miserable is servitude when the law is vague or uncertain.
Mobilia non habent sfrum. Moveables have no situs.
Modus et conventio vincunt legem.
The form and the convention (agreement) overrule the law.
Modus legem dat donationi.
The form gives to the gift its legal status.
Multa in jure communi contra rationem dis-putandi pro communi utilitate introducta sunt.
Many things introduced into the common law for the public welfare are contrary to sound reason.
N'ecessitas inducit privilegium quoad jura privata.
With respect to private rights, necessity gives a privilege to a person.
Necessitas publica major est quam privata.
Public necessity is superior to private necessity.
Necessitas, quod cogit, defendit. What necessity requires it defends.
Nemo contra factum suum venire potest. No one can go against his own act or deed.
Original from

Nemo debet bis vexari, si constat curiae quod sit pro una et eadem causa.
No man should be twice harassed (i.e., prosecuted) if it appears to the court that it should be for one and the same cause.
Nemo debet esse judex in propria causa. No man should be a judge in his own cause.
Nemo est haeres viventis.
No one can be an heir of a living person (i.e., of his ancestor).
Nemo ex proprio do!o consequitur actionem.
No man can, upon his own wrong, base a cause of action.
Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare possit.
No man can abjure his native land, nor can be abjure the allegiance which he owes thereto.
Nemo plus juris in alienum transferre potest quam ipse haberet (or habet). No man can transfer to another a better right than he has himself.
Nemo potest mutare consilium suum in alte-rius injuriam.
No man can change his intention so that
another is injured.
Nihil facit error nominis cum de corpore constat.
It does not matter if there is a mistake of name if the object is clearly identified.
Nihil quod est inconvenient est licitum. Nothing which is inconvenient is legal (i.e., if there is resulting inconvenience it is an argument against the use of a particular legal principle).
Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est.
Nothing is so in accord with natural equity as that an obligation should be dissolved in the same way as it was made binding.
Nihil tam nnturalc est quam eo gencrc quidquc dtssolvere, quo colligatum est. Nothing is as natural as that a dissolution (or discharge) should be made in the same way as in which it (the obligation) was made binding.
Nil consensui tam contrarium est quam vis atque met us.
Nothing is so contrary to consent as force and fear.
Nimia subtilitas in jure reprobatur, et talis certitudo certitudinem confundit. Too much subtlety is not approved in the

law, because such excess of certainty confounds true certainty.
Non accipi debent verba in demonstrationem falsam, quae competunt in limitationem veram.
Words should not be accepted to show a false description which can be used to show a true limitation.
Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testa torem.
We should not depart from the usual meaning of words unless it is manifest that the meaning of the testator is otherwise.
Non debet adduci exceptio ejus rei cujus
petitur dissolutio.
A plea cannot be brought forward which itself is the very thing to be determined.
Non debet, cui plus licet, quod minus est
non ileere.
We should not deprive one who has a greater authority from the exercise of what is less important.
Non dubitatur, etsi specialiter venditor evic-tionem non promiserit, re evicta, ex empto competcre actionem.
We cannot doubt that an action can be brought against the vendor if the purchaser is evicted, although the vendor has not expressly so promised.
Non est novum ut priores leges ad posteri-ores trahantur.
It is not new that prior statutes yield
to subsequent ones.
Non impedit clausula derogatoria. quo minus ab eadem potestate res dissolvantur a qua const it mint nr.
A clause (e.g., in a statute) which is derogatory cannot impede the abrogation by the same power by which it was created.
Non jus, sed seisina facit stipitem.
Not right but seisin creates the root from which there arises inheritance,
Non omnium quae a majoribus nostris constitute sunt ratio reddi potest.
We cannot give to all things created by our ancestors a reason therefor.
Non possessor! incumbit necessitas proband! possessiones ad se pertinere.
It is not incumbent on the possessor to prove that his possessions belong to him.
Non potest adduci exceptio ejusdem rei cujus petitur dissolutio.
A plea cannot be adduced which itself is
the issue to be determined.
Ongiral (rem

Non potest rex graham face re cum injuria
et damno aliorum.
The king cannot grant a favor which will result in injury and damage to another.
Non solent quae abundant vitiare scriptural.
That which is surplusage does not vitiate
the writing or instrument.
Non valet donatio nisi lubsequatur traditio.
A gift is invalid unless accompanied by transfer of possession.
Non videntur qui errant consentire. Those who err will not be taken to have consented.
Non videtur consensum retinuisse si quis ex praescriptio minantis aliquod immutavit. Those who have changed anything because of threats are not taken to have withheld their consent.
Notcitur a sociis. A person is known by the society he keeps.
Nova constitutio futuris formam imponere debet, non praeteritis.
A new statute should be prospective and
not retrospective.
Nuda pactio obligationem non parit.
A mere naked promise does not create a binding contract.
Nudum pactum est ubi nulla subest causa praeter conventioncm; sed ubi subest causa, fit obligatJo, et pnrit actionem.
A mere naked promise is where there exists no consideration for the promise; but where there is consideration, an obligation is created, and an action is supported.
Nulla pactione effici potest ut dolus prae-stetur.
No contract can require that fraud shall not create a liability.
Nullum tempus occurrit regj.
No passage of time can run against (bar the right of) the king.
Null us co mm od urn cape re potest de injuria sua propria.
No one shall from his own wrong obtain
an advantage.
Villus videtur dolo facer* qui suo jure utitur.
No one can be taken to have committed a wrong who makes use of his legal rights.
Nun quam crescit ex post facto praeteriti delicti aestimatio. A wrong which has been committed can-

not be increased by a later occurrence
or fact.
Nuptias non con cubitus sed consensus facit.
It is consent and not concubinage which makes a valid marriage.
Obedientia est legis essentia.
Obedience is the essence of law.
Omne crimen ebrietas et incendit et detegit. Drunkenness aggravates and uncovers all crime.
Omne jus aut consensus fecit, aut neces-sitas constituit, aut firmavit consuetudo. All right is made by agreement or necessity, or confirmed by usage.
Omne majus continet in se minus. The greater contains in itself the less.
Omne quod solo inaedificarur solo cedit. All which is built into the soil belongs to the soil.
Omne test amen turn morte consummatum est.
Every testament Is consummated or completed by death.
Omnes licentiam habere his quae pro se indulta sunt, renunciare.
Every benefit which is conferred by law
may be renounced.
Omnia praesumuntur contra spoliatorom.
Every presumption is taken against the wrongdoer.
Omnia praesumuntur legitime facta donee probetur in contrarium.
Every presumption is that acts are lawful unless proven to the contrary.
Omnia praesumuntur rite et solemniter esse acta donee probetur in contrarium.
All things are presumed properly and rightly done unless the contrary is proved.
Omnia praesumuntur solemniter esse acta. All things are presumed to have been rightly performed.
Omnis innovatio plus novitate perturbat
quam utilitate prodest.
Every change does more harm by its novelty than it does good by its utility.
Omnis ratihabitio retrotrahitur (et mandato
priori aequiparatur).
Every ratification is retroactive and is taken to be the equal of prior authority.
Optima enim est legis interpres consuetudo.
The best Interpreter of the law is custom.
Optima est lex, quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi.
The law is best which leaves least to the judge's discretion; the best judge is he who leaves the least to his own discretion.
Original from

Ophmus mterpres re rum urns.
Usage is the best interpreter of things.
Optimus legum interpres consuetudo. Custom is the best interpreter of the law.
(inline placitandi servato, servatur et jus. When we observe the proper order of pleading, the law is also best served.
Origine propria nenunem posse vohintate sua eiimi manifestum est.
It Is manifest that no one can voluntarily eliminate his own origin.
Pacta conventa quae neque contra leges, neque dolo malo inita sunt, omni modo ob-servanda sunt.
Contracts which are not opposed to laws.
nor made with fraud, must be observed
in every way.
Pacta quae contra leges constirutionesque vel contra bonos mores fiunt nullam vim habere, indubitati juris est. It is undoubted law that agreements against law or good morals have no effect.
Pacta quae turpem causam continent non
sunt observanda.
Contracts which are based on immoral consideration need not be observed.
Pact is pri vatorum juri publico non derogatur.
Private agreements do not derogate from public law.
Pater est quem nuptiae demonstrant. He is the father whom the marriage indicates.
Perpetua lex est, nullam legem humanam ac positivam perpetuam esse; et clausula quae abrogationem excludit ab initio non valet. It is a perpetual law, that no human law and no positive law is perpetual; and clauses which exclude abrogation are invalid from the beginning.
Persona conjuncta aequiparatur interesse proprio.
A union which is personal (e.g., based on blood relation) is equal to a person's own interest.
Possessio franis de feodo simplici facit so-rorem esse haeredem.
Possession by a brother of a fee simple
makes his sister to be an heir.
Potior est conditio possidentis.
The condition (or claim) of the possessor is better (superior).
Praesentia corporis tollit errorem nominis, et Veritas nominis tollit errorem demonstra-tiorus.
Presence of the body cures an error of the name, and the truth of the name cures an error of description.
Prior tempore, potior fore.
First in time, stronger in law. Privatis pactionibus non dubimn est laedi jus caeterorum.
It cannot be doubted that private contracts cannot injure the rights of others.
Pri vatorum conventio juri publico non de-rogat.
The agreement of private persons does not derogate from tne public right.
Privatum incommodum publico bono pen-satur.
Private inconvenience is compensated for by public good.
Privilegium non valet contra rempubllcam.
Privilege has no validity against the rights of the state.
Protectio trahit subjectionem, et subfectio
Protection draws (is accompanied by) subjection, and subfection protection.
Quae accessionum locum obtinent, extin-guuntur cum principales res peremptae fuerint.
Those things which are accessories, are extinguished when the principal things are destroyed.
Quae non valeant singula, juncta juvant. What do not avail when single, avail when united.
Quando aliquid mandatur, mandatur et omne
per quod pervenitur ad illud.
When something is ordered, all by which it can be attained are ordered.
Quando aliquid prohibetur, prohibetur et omne per quod devenirur ad illud.
When something is prohibited, there is prohibited anything by which it is attainable.
Quando duo jura concurrunt in una persona, aequum est ac si assent in diversis.
When two rights concur in the same person, it is the same as if they occurred in different persons,
Quando jus domini regis et subditi concurrunt, jus regis praeferri debet.
When the right of our lord the king and of his subject clash, the right of the king should be preferred.
Quando plus fit quam fieri debet, vidctur etiam illud fieri quod faciendum est.
When more is done than should be done.
that which should have been done will
be considered as done.
Quando res non valet ut ago, valeat quantum valere potest.
When a thing is not valid in the way I

Original from

do it it is to have as much effect as possible.
Qui alterius jure utitur, cod em jure uri debet
One who uses another's right should have
the same right. Qui ex damnato ooitu nascuntur, inter liberos non computcntur.
Persons not born in lawful wedlock are
not included among the children (heirs).
Qui facit per alium facit per se.
One who acts through another acts tor himself.
Qui haeret in liter*, haeret in cornice.
One who adheres to the letter, adheres only to the skin (i.e., does not penetrate deeply enough). Qui in jus dominiurnve alterius succedit jure ejus uti debet. . ,
One who succeeds to the ownership rights of another, should enjoy the rights of the Other.
Qui jure suo utitur, neminem laedit.
One who exercises his legal rights, does harm to no one.
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est.
One who acts by command of the judge is not considered to be acting froin wrongful intent, because he is under the necessity of obeying.
Qui non improbat, approbat.
Who does not disapprove, approves.
Qui peccat ebrius, luat sobrius.
One who does wrong when inebriated, is punished when sober.
Qui per alium facit per seipsum focere videtur. . ,
One who acts through another is considered as having acted for himself.
Qui prior est tempore, potior est jure.
One who is first in time, is stronger in right (i.e., has better title).
Qui rationem in omnibus quaerunt, rati one m subvertunt
Those who look for a reason in everything, overthrow (subvert) reason.
Qui sentit commodum, sentire debet et onus. One who obtains the advantage ought to bear the burden.
Qui tacet consentire videtur.
One who is silent is taken to have consented.
Quicquid plantatur solo, solo cedit. Whatever is affixed (planted) to the land, belongs to the land.
Quicquid recipitur, recipitur secundum mo-
dum recipicntis.
Whatever is received is applied in accordance with the intent or the person receiving.
Quicquid solvitur, solvitur secundum modum sol vent is.
Whatever is paid, is applied in accordance with the intention of the payer.
Quilibet potest renunciare juri pro se in-ducto.
Anyone may renounce a right introduced in his behalf.
Quod ab initio non valet, in tractu temporis
non convalescit.
That which is void from the beginning is not cured by the passage of time.
Quod aedificatur in area legata cedit legato.
That which is affixed or erected on land which is devised belongs to the devisee.
Quod approbo non reprobo.
What I approve I cannot later disaffirm.
Quod fieri non debet, factum valet.
That which should not be done, may, when done, have validity.
Quod non apparet non est.
That which does not appear is deemed not to exist.
Quod non habet principium non habet fin em.
That which does not have a beguwing has no end.
Quod nullum est, est domini regis. That which is the property of no one, belongs to our lord the king.
Quod nullius est id ratione naturali occupant i conceditur.
That which is the property of no one, by natural reason is conceded to the occupier.
Quod remedio destuitur ipsa re valet ti culpa absit.
That which is destitute of remedy, avails of itself if fault be absent in the person who seeks to enforce it
Quod semel aut bis existit praetereunt legis-la tores.
That which has appeared only once or twice is disregarded by legislators.
Quod semel meum est amplius meura esse non potest.
That which once belongs to me cannot
be more fully mine.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est.
When no ambiguity is present in the

Original from

words, then no exposition opposed to the express words should be made.
Quura principalis causa non consistit ne ea quidem quae sequuntur locum ha bent.
When the principal cause does not exist, those which follow do not have a place either.
Katihabitio mandato aequiparatur (or com-paratur).
Ratification is equal to command.
Ratio legis est anirna legis. The reason of the law is the life of the law.
Receditur a placitis juris potius quam in-juriae et delicta mane ant impunita.
In order that injuries and crimes shall not go unpunished, the law will be departed from.
Res accessoria sequitur rem principal em.
The thing which is accessory follows the principal thing.
Res inter alios acta alteri nocere non debet. A transaction between persons should not injure other persons.
Rei judicata pro veritate accipitur (or habe-
A thing which is adjudicated is accepted or taken for the truth.
Res pent suo domino. A thing which is destroyed is lost to its owner.
Resoluto jure concedentis, resolvirur jus
When the right of the grantor is destroyed the right granted is destroyed.
Respondeat superior.
Let the superior (principal) answer.
Rex non debet esse sub ho mine sed sub Deo et lege.
The king should not be below man, but
under Cod and law.
Rex non potest peccare. The king cannot do wrong.
Rex nunquam moritur. The king never dies.
Salus populi est suprema lex.
The public welfare is the highest law.
Scientia utrinque par pares contrahentes facit.
Knowledge of both parties makes the parties to the contract equal.
Sen be re est agere.
To write is to act.
Seisina facit stipitem. Seisin (or possession) makes the stock.
Semper in obscuris quod minimum est sequi-mur.
In those things which are obscure we follow always the least obscure interpretation.
Si quidem in nomine, cognomine, praeno-mine, agnomine legatarii testator erraverit, cum de persona constat, nihilominus valet legurum.
If the testator makes an error in the name, cognomen, praenomen or agnomen of the legatee, still the legacy will be valid when the identity of the person la established.
Sic utere ruo ut alienum non laedas.
So use your own property as not to injure another s.
Sive toca res evincatur, sive pars, ha bet regress um emptor in venditorem.
Whether he is evicted totally or in part, the buyer has a remedy against the seller.
Socii mel socius meus socius non est.
The partner of my partner is not my partner.
Solutio pretii cmptionis loco habetur. Payment of the price takes the place of
the purchase,
Stabit praesumptio donee probetur in con-trarium.
A presumption stands until the contrary is proven.
Sublato principal!*, toUitur adrjnetum.
When the principal thing is taken away, the adjunct is removed also.
Surplusagjum non nocet.
Surplusage does not do any harm.
Tenor est qui legem dat feudo.
It is the tenor (meaning) which gives legal effect to the fee.
Transit in rem judicarum.
It is changed into an adjudicated thing (i.e., a judgment).
Transit terra cum onere.
The land passes over with the encumbrances thereon.
Ubi aUquid cenceditux, conceditur et id sine
quo res ipsa esse non potest.
When something is granted, there is also granted that without which the thing itself can have no existence.
Ubi eadem ratio, ibi idem jus; et de simfli-
bus idem est judicium.
Where there is the same reason, there is the same law; and where there are similar situations, the judgment is the same.
Original from
Ubi jus, ibi remedium. Where there is a right, there is a remedy.
Ubi jus in cerium, ibi jus nullum.
Where law is uncertain, there is no law.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam. The last will of the testator is executed according to his true intention.
Urucapio constiruta est ut aliquis litium finis esset.
Prescription is established so that there should be some end to lawsuits.
Utile per inutile non vitiatur.
What is superfluous does not vitiate or invalidate what is valid.
Vani timoris justa excusatio non est. A vain fear is not a just excuse.
Verba accipienda sunt secundum subjectam materiam.
Words should be understood with reference to (In accordance with) tho subject matter.
Verba chart arum fortius accipiuntur contra proferentem.
The words of a deed (or instrument) are
resolved strictly against thc one who brings it forth (i.e., offers it).
Verba generalia restringuntur ad habilitatem
rei vel personae.
General words are suitably restricted according to the thing or the person to which they relate.
Verba posteriora propter certirudinem ad-dita, ad priora quae certitudine indigent, sunt referenda.
When subsequent words are added on account of certainty, they are referred to prior words which stand in need of certainty.
Verba relata hoc marjme operantur per
referentiam ut in eis inesse videntur.
Words which are referred to (in a written instrument) are deemed to be included with as great effect by such reference.
Vicarius non habet vicarium.
A vicar does not have a vicar (deputy, or agent).
Vigilantibus et non dormientibus jura fub-veniunt.
The laws relieve or aid the vigilant and not those who sleep on their rights.
Volenti non fit injuria.
That to which one consents does not make an injury in law.
Voluntas reputatur pro facto. The will is taken for the deed.
Voluntas testatoris ambulatoria est usque ad eitremum vitae exitum.
The will of a testator is changeable until the extreme close of life. Vox emissa volat,—litera script a manet. The uttered word flies away; written letters remain.
Vox populi, vox del. The voice of the people is the voice of God.

Radin Law Dictionary - Tableau of Distribution to Zoning Law

Source: Hathi Trust

T. The mark branded on the thumb of persons who were admitted to benefit of clergy.
TABLEAU OF DISTRIBUTION. In Louisiana, during the operation of state insolvency laws, a list of creditors of an insolvent and the amount of money to be paid to each.
TABLE-RENTS. Rent paid to bishops or other ecclesiastical lords to provide food for their tables.
TACIT. Understood; implied by silence.
TACKLNC. The uniting of two securities created at different times in such a way that the two together are treated as a single security tunning from the time of the creation of the older one. This would postpone or invalidate all claims arising after the first security is given but before the second.
TAIL. An estate tail, or in fee tail, is an estate of inheritance Limited to the heirs of the body of the grantee. When such issue are extinguished the estate is terminated. See Fee tail; Entail; Special tail. An estate tail female is one limited to the female heirs; an estate tail male to the male heirs; and an estate tail general, to any heirs. See Shelley's Case, rule in; Restatement, Property, $ 101; Tan turn v. Campbell, 83 N. J. Eq. 361. 91 A. 120.
TAKE. To be entitled to, as to take under a will.
TAKING SILK. A phrase applied in England to barristers who are appointed King's or Queen's counsel. The patent appoints the patentee "one of our counsel learned in the law." There is no equivalent honor in the United States. See Silk; Stuff gown.
TALE. In old practice, the name of a count in a pleading.
TALES; TALESMEN. Jurors called to make up vacancies in the regular panel of jurors.
TALES DE CIRCUMSTANTIBUS. Lat. Such of the bystanders. The order of a court authorizing the taking of a number of bystanders to make or complete a jury.
TALITER PROCESSUM EST. Lat. It has proceeded in this way. The phrase formerly used in citing the proceedings of an inferior court, not of record, as a
justification fur an act or a claim. TALLAGE; TALLIAGE. The former general name for money taxes or subsidies levied in England. An ancient statute of Edward I, De Taliagio non Concedendo (1297), first established the doctrine that no such tax was to be levied without consent of Parliament The authenticity of the statute has been the subject of controversy both in ancient and modem times.
TALLAGIUM. See Tallage.
TALLLER. The official of the English Exchequer in charge of tallies. The word "teller" is derived from his title. See Tally.
TALLY. A notched stick cut into two parts indicating what was due from a debtor to the Crown or to another creditor. Each of the two parties kept his part and the fitting together of the two parts proved the debt. The keeping of tallies in the exchequer was abolished in 1783 and the tallies destroyed in 1834.
T ALT ARUM'S CASE. An early English case which held that a common recovery could be used to destroy an entail. See common recovery; Praecipe, tenant to the.
TANEY, ROGER BROOKE. American jurist, born 1777, died 1864. He was United States Attorney General in the administration of Andrew Jackson, from 1831 to 1833. In 1836 he was appointed Chief Justice of the United States, in which office he served until his death. I lis most celebrated decision was that in the Dred Scott case, in 1857, in which it was held that the Missouri Compromise, enacted by Congress in 1820, was unconstitutional. Together with former Chief Justice John Marshall, Taney is considered as one of the creators of the judicial power and was undoubtedly one of our greatest judges.
TANGIBLE PROPERTY. Property which can be touched or felt is tangible property; real or apprehensible. Having a corporeal existence, in contrast with intangible property such as mortgages, securities, etc. Curry v. Ala. Power Co., 243 Ala. 53, 8 So. (2) 521.
TAMSTRY. A customary tenure in Ireland by which land descended, not to the eldest son or necessarily to any son, but to the "oldest and worthiest" of the family.
Original from

Tenancy by He Certesy
TARDE VENIT. Lat. It came late. The return of a sheriff to the effect that a writ came too late to his hands to be executed before the expiration of the return day.
TARIFF. 1. The customs or duties imposed on those who bring merchandise into a country from abroad. Tariffs may be created for revenues, for the protection of domestic producers, or as a retaliation against the tariffs levied by a foreign country.
2. A list of rates for the payment of any type of money due; a schedule of charges by a common carrier. TAX. A sum of money or, in the case of taxes in kind, a demand for other forms of contribution, made by the government on those subject to its authority. The right to impose taxes is inherent in modern governments, but is specially granted and restricted by the Constitution of thc United States and the constitutions of the various states. U. S. v. Aho, 68 F. Sup. 358.
TAXATION OF COSTS. In the law of procedure, the fixing of the costs which are to be borne by the party losing the suit.
TAX AVOIDANCE. The legal attempt of a taxpayer to minimize taxes for his own benefit. The term should be distinguished from tax evasion, which implies an illegal attempt to escape the tax burden.
TAX COURT OF THE UNITED STATES. A tribunal, consisting of eight members, created in 1924 as the Board of Tax Appeals. It hears appeals from determinations of the Commissioner of Internal Revenue, and from it appeals will lie to the United States Courts of Appeals.
TAX DEED. A deed made by a sheriff or other person authorized to sell property on which taxes have not been paid. The validity of such deeds depends on strict observance of the statutory provisions, and only the interest of the delinquent taxpayer will pass by it. Lankford v. Holton, 187 Ga. 94, 200 S. E. 243.
TAX EVASION. See Tax avoidance.
TAX HEN. A lien created by statute in favor of the United States, or a state, upon the property of a delinquent taxpayer on which unpaid taxes are due, or on all his property. The lien generally arises on assessment.
TAX-SALE. A sale of land on which taxes are due and unpaid. A tax sale is an in rem proceeding.
TAX TITLE. The title to land acquired by
the purchaser at a tax-sale, or derived from such a title. Willcuts v. Rollins, 85 la. 247, 52 N. W. 199.
TEACHER'S OATH. An oath taken by public school teachers to support the United States Constitution and not to teach subversive doctrines nor participate in subversive organizations. The cases have divided on the constitutionality of such oaths. Tolman v. Underbill, 229 P. (2) 447 (Cal. App.), held such oath invalid, Thorpe v. Bd. of Trustees, 6 N. J. 498, 79 A. (2) 462, held it valid. See Loyalty oath; Test oath.
TEIND. The term in Scots law for tithe.
TELLER. 1. A bank employee who takes in and pays out money. 2. A person who "tallies," i.e., keeps count. See Tallier.
TEMPLE, THE. See Inns of Court.
TEMPORALIS. Lat. Temporary.
TEMPORALITIES. The lands and other sources of revenue which were held by a bishop or by some other ecclesiastical official, of the king or a lay-lord, and which were regarded as inseparable from the ecclesiastical position. See Terrier, 2.
TEMPORARY INJUNCTION. See Perpetual injunction.
TEMPORIS EXCEPTIO. Lat. In the Civil law, a plea in bar, by way of lapse of time.
TEMPUS SEMESTRE. Lat. The six-months period. When not reckoned by calendar months, this was taken to be 182 days.
TEMPUS UTILE. Lat. The period to be used. A term of the civil law, also used in common law documents, to indicate how a period of time for procedure or limitations is to be reckoned. Feast days and unavoidable absences are not included.
TENANCY. A general term of the common law, derived from feudal law, to indicate any holding of an estate in lands. It includes freehold tenancy which is practically equivalent in modem times to complete ownership or fee simple, and such incomplete and precarious rights of possession as tenancy at will or by sufferance. In feudal theory, only the king had an absolute title and everybody else held (French, "tenir," "to hold") under him. At the present time the term tenancy is chiefly used of leaseholds, and exists where a person lets real property to another person who holds of the former as landlord. See Rent.
Original (rom

Aatt antic
of pleading or arguing in a court. The attorney was confined to activities at law as distinguished from equity. The corresponding official in equity was formerly called the solicitor which is now the term used for both branches. If litigation was involved, the attorney prepared the pleadings, but for trial and argument, he selected a barrister or King's counsel, and "instructed" or briefed him.
2. In the United States, attomey-at-law is the general term for members of the legal profession. These are now licensed by special examination in all states and after such examination, "admitted to the bar" upon which they become "officers of the court." The American attomey-at-law both advises clients and pleads for them. There is no differentiation between attorneys and solicitors on the basis of law and equity or between the attorney and the barrister as to representation in court.
Other titles such as "counsel," "counsellor," "solicitor," "proctor" are used in some American courts, but are merely the equivalents of "attomey-at-law."
See Canons of Professional Ethics, adopted by the American Bar Association, regarding the conduct prescribed for attorneys.
ATTORNEY-GENERAL. 1. In England the principal counsel for the Crown. He is now a member of the Cabinet and therefore changes with the party in power. It is usual for an Attorney General to be appointed a peer and a judge of the High Court on retirement.
2. A similar officer of the Queen and of the Prince of Wales, as well as of the Counties Palatine of Lancaster and Chester.
3. A member of the Cabinet of the United States and the head of the Department of Justice.
4. A simitar officer in nearly all the American states.
5. An officer with duties and functions like that of the British Attorney General in the British Dominions and the Crown Colonies.
ATTORNEY-IN-FACT. An agent, most often used of an agent appointed by a power-of-attorney.
ATTRACTIVE NUISANCE. See Turn-table doctrine.
AUBAINE. Law Fr. An alien.
AUBAINE, DROIT D\ Law Fr. The same as Jus albinatus.
AUCTIONEER, A person who conducts an
auction sale. It has been held that when a sale is completed by the auctioneer's acceptance of a bid, he then becomes the agent of the purchaser. The auctioneer has a lien on the merchandise for his commission and other expenses, and he has the right to sue in his own name for the price. Where the goods are in his possession the auctioneer has the right to accept payment therefor.
Weiner v. Jones, 245 A.D. (N.Y.) 17, Payne v. Cave, K.B. 1789, 3 Term R. 148.
AUCTION SALE. A sale of property in public to tho person who offers the highest bid or offer where such offer is accepted by the auctioneer. Until such acceptance is indicated, as by the "fall" of the auctioneer's gavel, it may be revoked. In an auction sale "without reserve" the property must be sold to the highest bidder. Anderson v. Wis. C. R. Co., 107 Minn. 296, 120 N.W. 39, 20 L.R.A. (N.S.) 1133; Payne v. Cave, K.B. 1789, 3 Term R. 148.
AUDIENDO ET TERM!NANDO, DE. The Latin name of the Court of Oyer and Terminer.
AUDIT. To examine and verify account books and expenditures; to adjust and determine claims.
AUDITA QUERELA. Lat. A writ formerly in use, to give relief to the defendant, when a basis for defense had come into existence after the judgment.
AUDITOR. One who conducts an audit or examination of the books of account of a business or public office.
AUGMENTATION, COURT OF. A court instituted by Henry VIII (1535) to dispose of the property of the religious establishments dissolved by the Crown. The court was abolished by Mary in 1553, but the records were retained In an office called the Augmentation Office.
AULA REGIA. Lat. The king's hall. The court of William the Conqueror (1066) which gave rise to the great common law courts of King's Bench, Exchequer and Common Pleas.
AULNACER. See Alnage; Alnager.
AUSTRALIAN BALLOT. A system of secret voting, whereby the voter indicates his choice of the candidates who have been nominated by a mark alongside the name of the candidate thus chosen. The system originated in Australia, whence its name.
AUTHENTIC. Referring to that which has been duly and legally executed or certified. See Authentication.

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Tenancy by tfce Entireties

TENANCY AT WILL. In effect, the same as tenancy by sufferance. See Sufferance, Tenant by.
TENANCY FOR LIFE. A rare form of tenancy which continues for the period of a designated life or lives. At the common law it was a freehold estate.
TENANCY FOR YEARS. A tenancy which terminates after a fixed term of years.
TENANCY FROM MONTH TO MONTH. A tenancy which may be terminated after the expirition of a month, and which otherwise continues from month to month.
TENANCY FROM YEAR TO YEAR. A tenancy which may be terminated after the expiration of a year or several years, usually upon the giving of six months' notice.
TENANCY IN COMMON. A tenancy in lands on the part of several persons in such a way that each one owns an undivided share. This share he may alienate or encumber at will. All tenants in common have rights of possession and user of any part of the land. By an action of partition between the tenants the land may be divided among them, and, if no agreement can be reached on the dividing lines, the land will be sold and the proceeds divided. McLeod v. Andrews, 303 Ky. 46, 196 S. W. (2) 473.
TENANT. A person who holds land and gives service or pays rent therefor. See Tenancy.
TENANT AT WILL. See Tenancy; Tenancy at will.
TENANT BY SUFFERANCE. See Sufferance, tenant by.
TENANT IN FEE. A tenant who holds as grantee of a fee simple subject to the payment of rent.
TENANT FOR LIFE. A tenant who occupies property for a period measured by his own life or the life of another.
TENANT RIGHT. The claim of a tenant of the Crown, or of a public or ecclesiastical corporation, to have his lease extended when it has expired in preference to a stranger who wishes to lease the property.
TENANTS IN COMMON. See Tenancy in common.
TENANT TO THE PRAECIPE. See Praecipe, tenant to the.
TENDER. The offer to perform an obligation which is then due. It most fre-
quently consists in the delivery of property or the payment of money, but may include performance of services. If the tender is in good faith and unconditional and is maintained, it prevents the running of interest against the obligor. Hogan v. Bamett 6c Co.. 179 F. (2) 836. See Legal tender. TENDER OF ISSUE. A plea which invites or requires the adverse party to join issue on a particular point. See Traverse.
TENEMENT. 1. The technical term at common law for the landed property held by one person of another. This applied to estates of freehold or by chivalry as well as to estates of lease-hold. See Tenancy.
2. In the United States, a large budding intended for the occupation of at least three families usually of the poorer classes. It is a term of common use but has received both statutory and judicial definition.
TENENDUM. The part in a deed which describes the nature of the tenure. The fuller phrase is "habendum et tenendum," "to have and to hold." It is still used in formal deeds but no longer has any legal significance.
TENET. Lat. He holds In the older practice, the term used in pleading in an action of waste, to describe the tenure of the defendant. See Tenuit.
TENOR. 1. The actual wording of a legal instrument. 2. An exact copy of a document or instrument. 3. Popularly the general meaning or purport of a document.
TENTERDEN'S ACT, LORD. An English statute of 1828 (9 Geo. IV), which required, among other things, that repre-sentatians or assurances, relating to the character of a person, or as to his credit, with intent that other persons giving credit should rely thereon, must be in writing and signed by the party to be charged. See Frauds, statute of.
TENTHS. Tributes or aids granted to the King of England and based upon the value of the subject's personal property. They were usually temporary and for a specific purpose, as to pay the expense of a crusade.
TENUIT. The term used in old pleading in an action for waste done after termination of the tenancy, to describe the former tenure of the defendant. See Tenet.
TENURE. 1. The nature of the holding or tenancy of lands. See tenancy. 2. The
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continuance of an individual in ofBce. Tenure may be during the pleasure of a superior officer or during good behavior. See Tenure of office act.
TENURE OF OFFICE ACT. A law passed by Congress on March 2, 1867, during its controversy witih President Andrew Johnson, preventing removal of officers without the consent of the Senate, if their nomination had been confirmed by the Senate. It was repealed on March 3, 1887. A similar act, pertaining to postmasters, was declared unconstitutional in Myers v. U. S., 272 U. S. 52.
TERM. 1. The limit of time in a leasehold. 2. The limit of time for which an elective or appointive public officer holds his office. 3. The period during which a court is in session. See Recess.
TERMES DE LA LEY. One of the earliest of law dictionaries of the common law. It was first published in 1520 in Law French, and was frequently published thereafter in French and English, with constant revisions. It is frequently cited as a reliable source.
TERM IN ARE. Lat. To terminate; to decide finally.
TERMLNUS. Lat. Limit; term; boundary.
TERMINUS A QUO. Limit from which. Used to denote the beginning of a calculation of time.
TERMINUS AD QUEM. Lat. Limit to which. Used to denote the end of a calculation of time.
TERMS OF COURT. The four periods of the year during which the courts of the common law were held in England. They were the following: Hilary, from January 11th to January 31st; Easter from April 15th to May 8th; Trinity from May 22nd to June 12th; Michaelmas from November 2nd to November 25th. The old terms were abolished for judicial business by the Judicature Act (1873) though they are still retained for the Inns. The modern terms are: Hilary for twenty-one days commencing with January 11th; Easter, for twenty-one days commencing with the second Tuesday after Easter Sunday; Trinity, for twenty-one days commencing with the second Tuesday after Whit Sunday; and Michaelmas, for twenty-one days commencing with November 2nd. See Recess.
TERRAGE. An exemption from feudal services that have not been specially provided for in the terms of the tenure.
TERRE-TENANT. A person who at the
common law had actual possession of land, no matter upon what tenure. TERRIER. 1. In feudal terminology, a list of all the landed estates belonging to a feudal lord or proprietor, or to a corporation.
2. In ecclesiastical law, the report of an inquest of an ecclesiastical benefice listing all the temporalities attaching to it.
TERRITORIAL WATERS. As defined in 16 U. S. C. A, 772a, territorial waters means the waters contiguous to the coast of a country. This definition is expressly limited to the purpose of the Act in which it is contained, i. e., the Northern Pacific Halibut Act of 1937 (16 U.S.C.A. 772-785). Other definitions in reported cases are similarly limited to the purpose of the situation decided. For purpose of war and protection of revenues, it may be extended from the traditional "three-mile limit" to a considerably further distance. See Sea-shore.
TERRITORY. A part of the national domain of the United States, e.g., Alaska and Hawaii. The U. S. Constitution, Art. IV, sec. 3. gives Congress the power "to make all needful rules and regulations respecting the territory or other property belonging to the United States."
TERTIUS INTERVENIENS. Lat. A third party who interpleads or intervenes in an action.
TEST ACT. The English Act of 1674 providing that all officials of the state shall take an oath acknowledging the King as Supreme Head of the Church, shall declare against the theological doctrine of transubstantiation, and shall take the sacrament according to the rites of the Church of England. It was repealed in 1829 by 9 Ceo. IV, c. 17.
TESTACY. The situation created by the presence of a valid will of a deceased person. See Intestacy.
TESTATE. The condition of a person who has left a valid will. See Intestate.
TESTA DE NEVIL. (Called also Liber Feudorum). A register of inquisitions of knights' fees and scrjeanties, with all their incidents compiled for the Crown toward the end of the thirteenth century.
TESTAMENT. The same as will. Often used in the expression "Last Will and Testament," Strictly, a will disposes of real properly and a testament of personalty. The words are frequently used interchangeably.
TESTAMENTARY. Pertaining to or con-
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Testamentary Capacity

ceming a last will and testament. A document which is testamentary in character must be executed in accordance with the formalities prescribed by law or it will be given no effect. More v. Karns, 309 Ky. 41. 214 S. W. (2) 984. TESTAMENTARY CAPACITY. The ability of a person to execute a valid will. The test is usually the capacity to understand the nature and consequences of the act.
TESTAMENTARY GUARDIAN. A guardian appointed in accordance with a request contained in a last will or testament.
TESTATOR. A person (male) who dies leaving a valid will and testament. See Testatrix.
TESTATRIX. A female person who leaves a valid will and testament. See Testator.
TESTATUM. The name of a writ formerly in use issued by a court to thc sheriff of a county different from that of the court, requiring him to take the person of a judgment-debtor to satisfy a judgment. It issued only after execution in the original county had been returned unsatisfied.
TESTE. Lat. Witness. The final phrase in a writ beginning with the Latin word "teste," and, now. with the English word "Witness," indicating the official who issued the writ.
TESTE ME IPSO. Lat. Witness myself. The final phrase formerly used in royal charters or grants before the royal seal was affixed.
TESTIFY. To give evidence under oath or affirmation in a legal proceeding.
TESTIMONIUM CLAUSE. 1. A clause at the end of a document which reads substantially as follows: "In witness whereof, we have hereunto set our hands and seals this — day of —, 19—."
2. The attestation clause at the end of a wiD.
TESTIMONY. The evidence given by a witness under oath or affirmation in a legal proceeding.
TEST OATH. In Cummings v. Missouri, 4 Wall. (U.S.) 277 (1867), the Supreme Court declared unconstitutional a requirement of certain states that teachers, clergymen and former public officials make a declaration of past loyalty to the United States. Thc court held it to be invalid as an ex post facto law and a bill of pains and penalties. See Teacher's oath; Loyalty oath.
THALWEG. A main channel. The center
line of a navigable stream, marking the boundary line between states in the absence of contrary agreement.
THAVIES LNN. See Inns of Chancery.
THEFT. A crime consisting in the intentional taking, without legal warrant, of the personal property of another with the unlawful intention to deprive the owner of such property. Formerly it was necessary that the property be asported or removed from one place to another, no matter how short the distance was. Now, the exclusion of thc owner from control or use is sufficient without asportation. See Larceny. It may include, in addition to larceny. eml>czzlcment. Even a temporary taking may sometimes be considered theft. Donges v. Amer. Auto. Fire Ins. Co.. 97 NE. (2) (Ohio Com. PI.) 108. See Petty larceny; Poach.
THEFT-BOTE. At the older common law, the receiving of stolen goods for the purpose of protecting the thief from punishment.
THELLUSONS ACT. An Act of Parliament in Great Britain of 1800 [39 cV 40 Geo. Ill), called so because occasioned by the Thelluson Case, which regulated perpetuities by prohibiting accumulations for a greater period than the life of the settlor or twenty-one years after his death, or during the minorities of persons or en ventre sa mere at the death of the settlor, or during thc minorities of persons who, if of full age, would have been entitled to the accumulations. See Thellu-son's Case.
THELLUSON'S CASE. The case arising under the will of Peter Thelluson who died in 1793. The full title is Thelluson vs. Woodford, 4 Ves. Jr. 227; 11 Ves. 112. It is given in full as an appendix to Gray's "Rule against Perpetuities." The case occasioned the passing of the Thelluson Act of 1800 which regulated accumulations. See Thelluson's Act.
THEN AND THERE. These words were formerly essential in an indictment to identify the time and place at which the alleged crime was committed.
THESAURUS INVENTUS. The Latin for "treasure trove."
THIRD DECREE. A method used to extort information or a confession from an accused person and which may consist of prolonged questioning and even violence.
THIRD PARTY; THIRD PERSON. Any person who is not one of the parties in a legal transaction. He is called a "third"

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person even if there are three or more parties to the transaction itself.
THIRD PARTY BENEFICIARY. A person, not a party to a valid contract, who receives a benefit thereunder, and may bring suit to enforce the obligation. Spires v. Hanover Fire Ins. Co., 384 Pa. 52, 70 A. (2) 828.
THIRTY-NINE ARTICLES. The articles of religion accepted by the Anglican Church in 1582. They were originally forty-two, but were reduced to thirty-nine. In 1571 an Act of Parliament made them obligatory on the clergy.
THORUS. Lat. A bed. Used to symbolize conjugal relations, as in the phrase "bed and board," "a mensa et thoro."
THREE-MILE LIMIT. A marine league offshore which marks the limit of jurisdiction of national control, in the absence of contrary international agreements. See Sea; Territorial waters.
TICKET OF LEAVE. The popular name for a license issued in England to any one sentenced to penal servitude, to be at large and engage in the pursuits of ordinary life. It closely resembles the American parole system. Such licenses arc granted by the Home Secretary. The convict is subject to surveillance and may have various conditions imposed on his freedom of action, but he may acquire property, sue and be sued. Such licenses were first issued in Tasmania in 1840 under the Prison Reform Act of that year.
TIDE LANDS. Such lands as are subject to being covered by the motion of the tides. The tidelands oil controversy between the Federal Government and several states is concerned with the ownership of tidelands along the Gulf of Mexico and Pacific Ocean and the consequent control of the nation's petroleum resources. See Sea; Sea-shore.
TIDE-WATERS. Waters of the sea which rise and fall with the tides.
TIEL. A Law French word meaning "such," found in a number of phrases.
TIMBER. Trees which can be used for building purposes. So long as they arc standing they are considered real property; after severance from the soil they are classed as personal property.
TIME. A measure of duration, based on the passage of hours, days, months, years, etc. Standard time is based upon the establishment of the prime meridian at Greenwich, England. Daylight saving
time is the advance of clocks by one hour ahead of the standard, or "sun"
TIME BARGAIN. A term formerly used in stock-market transactions to describe a contract for the sale of stocks to be delivered at a future day.
TIPSTAFF. 1. In England, a bailiff or attendant of the Court of the King's Bench, responsible for order in the court. His name was derived from the symbol of authority he carried, a rod tipped with silver.
2. A title occasionally given to a court-bailiff in the United States, especially in Pennsylvania. TITHE. 1. In English law, a tax levied on the produce of land for the support of the clergy. In accordance with Biblical tradition it was taken to be one-tenth and was payable in kind. In the reign of William IV they were commuted for a rent-charge which, like the tithes, were incorporeal hereditaments in gross. The most recent Tithe Commutation Act is that of 1925. Many different types of tithes arose immediately from the estate (pracdium) and were based on the grain raised or the stock fed on the ground. Personal tithes were based on the profits derived from the profits of labor on the land, e.g., fishing, or milling. There was further the distinction between great tithes, derived from com, hay and wood, and little tithes, also called privy tithes, derived from all other sources. Where the vicar was an assistant to the rector of the parish, tithes were often divided and classified as vivaria) and rectorial. Since 1925, the title to tithes is vested in the Commissioners of Queen Anne's Bounty and the money is used for the benefit of the incumbents.
2. The same system of eccleiastical tax was generally used in Europe until the nineteenth century and enforced in the same way as in England by a personal servitude.
3. The term is derived from the word tenth, a translation of the Latin "decimae," derivations of which are found in most European languages, i.e., dimes, diezmo.
TITHING. A small division of an English County, formerly containing ten famiiles, or the tenth part of a hundred, without reference to the number of residents. The members of a tithing were in frankpledge. Sec Resiant rolls.
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TTTHINGMAN. 1. In old English law, the head of a tithing. 2. In New England, a parish officer whose function It was to keep order in church.
TITHING PENNY; TETHING PENNY; TENDING PENNY. A small mm paid to the sheriff in ancient times by each tithing to defray the expenses of the sheriff's court.
TTTLE. I. The technical legal word commonly used for ownership. It implies particularly the power of disposal and the right and duty to protect the property. The rights called tide can be reduced to a mere name without substantial content. The words "interest" and "estate" have broader content. See Possession.
2. The caption describing a statute or legal proceeding. See Title of a cause; Title of an act. TITLE, CHAIN OF. The record of the succession of conveyances of real property, showing the origin and history of the title to the property. See Abstract, 3. TITLE-DEED. Any document necessary as evidence of title to real property; sometimes called a muniment of title, TITLE INSURANCE. See Insurance. TITLE OF A CAUSE. The manner of designating a suit at law which in common law countries is done by giving the name of the plaintiff and the defendant, connected by the words "versus" (abbreviated "v.") or "against" e.g., "Ashby v. White," generally read "Ashby against White." This form is retained in England and many American states, even if the case is in an appeal court with the defendant as appellant. In the United States Federal courts and in some states, in the case of appeal, the appellant's name comes first whether he was the plaintiff or the defendant in the court below. In cases which do not begin with adversary parties, as in probate or bankruptcy, the phrase "Ex parte" or "In re" precedes the name of the person or the estate as the title of the action. TTTLE OF AN ACT. The name of a statute, generally placed at the beginning of it and, in the engrossed and printed copies, distinguished by special type. Most state constitutions require the title to give a correct statement of the contents of the statute, in default of which the act may be declared void.
TITLE SEARCH. See Search of title. TTTLE THEORY. In the law of real estate mortgages, the theory which holds that
the mortgage passes legal title to the property. In certain states this theory prevails; in others, the lien theory prevails. But by statute or decision, even in a tide theory state, the mortgagee has right to possession and to income. Under either theory the mortgagor can enjoin the commission of waste. See mortgage. Stevens v. Turlington, 186 N. C. 191, 119 S. E. 210. TOFT. I, The site on which a building formerly stood. 2. The entire holding or messuage including a toft and arable land around it. The full expression in this second sense was "toft and croft." TO HAVE AND TO HOLD. The habendum clause in an instrument which defines and limits the extent of the estate granted. TOKEN. A piece of metal intended for currency and formerly widely used as the equivalent of money for private transactions, The use of tokens for this purpose is now generally illegal in both Creat Britain and the United States. TOLERATION, ACT OF. I. The statute of 1889 in England (1 William III and Mary II) by which Protestant Dissenters were given freedom of worship. It was one of the conditions on which these groups supported the Revolution of 1688. A similarly named statute of 1712 in Scotland permitted members of the Church of England to use their liturgy in Scotland.
2. The Act of 1649 issued by Lord Baltimore, proprietor of the colony of Maryland, giving freedom of worship to all believers in the Trinity.
TOLL. 1. A tax paid for the use and enjoyment of a privilege. The term is generally confined today for a tax paid for use of a bridge or ferry or private road.
2. To interrupt the running of the Statute of Limitations. See Limitations, Statute of.
TOLLBOOTH. Orginally used as the name of the booth or house at which tolls were paid in medieval times. The term was later transferred to the prison maintained by ancient boroughs. The most famous Tollbooth is that of Edinburgh. Also spelled Tolbooth.
TOLLCATE. The gate erected on private or public roads which bars passage except on payment of tolls.
TOLL-TRAVERSE. A toll paid for passage over private property.
TOLSEY. The town-hall of some old Eng-
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lish boroughs, as in Gloucester or Bristol. Also spelled "tolzey."
TOLT. The name of an ancient writ by which a cause was removed from a court-baron to a higher court.
TOMAR RAZON. A term used in Mexican land grants equivalent to "take a record of," "register."
TONNAGE. 1. A duty formerly levied on every tun of wine imported into England. The right to collect tonnage was claimed by Charles I as a royal prerogative, which led to the Act of 1641 forbidding its collection except by Act of Parliament. Tonnage was abolished by the Customs Consolidation Act of 1787.
2. The capacity or size of a vessel measured generally in commercial or private craft by the cubical content, and in war-vessels by displacement, i.e., the weight of the water displaced.
TONTINE. A system of insurance whereby certain annuities or benefits are enjoyed by a group of persons on such terms that on the death or default of any one of them, his share goes to the survivors. It is now generally limited to a fixed period. The name is derived from Lorenzo Tonto, a banker of Naples, who invented this system in the 17th century. U. S. Life Ins. Co. v. Spinks, 96 S. W. (Ky.) 889, 13 L. R. A., N. S., 1053.
TOOLS OF TRADE. The tools, instruments, implements and equipment used in a trade or profession. The term may include books, machines, boats and nets, musical instruments, etc. They may be, by statute, exempt from execution.
TORRENS SYSTEM. A system of registering complete titles to land devised in South Australia by Sir Robert R. Torrens (Real Property Act of 1857), and subsequently adopted in many American states and in Canada. It provides a governmental guaranty for all properly registered titles. Before Registration of title is made, the registrar investigates the owner's documents of title and a certificate of ownership is then given the registrant. If necessary, special proceedings may be had to establish the validity of title. The holder of a land title certificate is guaranteed perfect title and if loss is sustained by the purchaser he is compensated from an indemnity fund. See Register.
TORT. An act or omission, not a breach of contract and not involving a quasi-contract, which causes injury, and which at common law or by statute creates a claim
for damages in the injured person. It is impossible to list exhaustively all the acts which under existing law are considered torts. The word "tort" is the ordinary French word for "wrong," and was used in this general sense, in common law sources, but was not used as a technical term of law until the beginning of the nineteenth century. A tort is an offense against an individual but ft may, at the same time, be a crime, i.e., an offense against the state. A tort may arise out of a contractual relation, e.g., a contract induced by fraudulent representations. Misappropriation of trust funds may be a crime, a tort and a breach of contract. Some breaches of legal duty which constitute torts at common law are trespass, trover and case. The most important torts are libel, slander, negligence, false imprisonment, malicious prosecutions, nuisance, assault and battery, fraud, conversion, interference with ocntractual relations and malpractice. See Malfeasance, Misfeasance, Nonfeasance. Restatement, Torts; Drum v. Miller, 135 N. C. 204, 47 S. E. 421, 65 L. R. A. 890.
TORTFEASOR. A person guilty of a tort.
TORTIOUS. Relating to or concerning a tort.
TORTURE. The use of instruments to inflict severe pain, amounting often to permanent mutilation and ending frequently in death from the injuries sustained, was used in nearly all systems of penal law for two purposes. One was procedural, for the purpose either of securing a confession from the person tortured or evidence against his accomplices. The other was as part of the punishment of a convicted felon. The instruments were of many kinds. The most common was the rack, sometimes euphemistically called the "question," in which the body or the limbs of the accused were twisted. The word "torture" is derived from this instrument (Latin: torquere, "to twist"). See Question, 3.
Torture was general in Continental and Scottish procedure till the French Revolution. The frequently uttered boast that it was unknown to the common law is note borne out by the facts. The peine forte et dure was used to compel pleading. The Court of the Star Chamber as well as the Privy Council used torture frequently in minor criminal cases, as did private jurisdictions not under the control of the royal courts. The Massachusetts
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"Bodye of Liberties'' of 1631, permitted torture both for evidence and as punishment, but authenticated instances of the application of these provisions are not available. A form of torture has been illegally employed in far too many instances under American police methods, where it is called the "third degree." See Semi-plena probatio.
TOTAL LOSS. In marine insurance it is a complete loss as contrasted with partial loss. In the law relating to fire insurance, it means destruction which causes the structure to lose its identity.
TOTDDEM VERBIS. Lat. In so many words. A phrase equivalent to statement that a quotation purports to be exact.
TOTIES QUOTIES. Lat. As often as.
TOT. In old English law, to indicate that a debt to the king has been paid by a private person to the sheriff, or other royal officer, and that the debtor is discharged to the amount paid.
TOUJOURS ET UNCORE PRIST. Law Fr. Always and still ready. The formal plea that tender has been made and is still maintained.
TOURN, SHERIFF'S. Sec Sheriff's tourn.
TOUT TEMPS PRIST. Law Fr. At all times ready. The formal method of pleading tender of performance.
TOWAGE. 1. In old maritime law, the fee paid for towing ships into harbor. 2. In the case of wrecks, expense of towage Is part of a claim for salvage.
TO-WIT. The English translation of the Latin term scUicet: "That is to say." "namely."
TOWN. A municipality, smaller in size than a city but larger than a village. The center of political activity is usually the town meeting.
TOWN CAUSE. A case heard in the town-court of London or Middlesex.
TOWN-CLERK. A name often given to the officer of a municipality who acts as general secretary and keeps the municipal records.
TOWN-MEETING. A meeting of the voters of an incorporated town, either as part of a regular system or specially called. In New England thc town-meeting had large legal powers, including that of taxation. In other states, the powers were much more limited. The institution of thc town-meeting is largely confined to the states of the eastern sea-board of the United States.
TOWN-PLAT. A map, chart or plan of a
town showing the arrangement of streets and the division of lots either occupied or vacant. The recordong of such a plat in thc case of an incorporated town vests title in all the land not privately occupied in the town corporation. Such plats are commonly used in the United States when new towns are laid out.
TOWNSHIP. A tract of land or division of a county, six miles square. Such townships are usually the result of subdividing public lands.
TOWN-SITE. Land set apart from public lands to be the site for a town.
TRADAS IN BALLIUM. Lat. You are to deliver him to bail.
TRADE. A term generally equivalent to "commerce" but may be more narrowly understood in some contexts to apply to handicrafts, and in other contexts may be broadly construed to include professions, thc rendering of services, etc. See Antitrust laws; Restraint of Trade.
TRADE ACCEPTANCE. A draft drawn bv the seller of goods on the buyer and accepted by him. See Negotiable instruments,
TRADE ASSOCIATION. An association of business competitors to deal with mutual problems such as trade promotion, relations with labor and the public, etc.
TRADE-MARK. Some mark, symbol or pattern or other device, with or without words, affixed to goods offered for sale, whereby the goods of a manufacturer or dealer can be at once distinguished from similar goods of other manufacturers or dealers. Such trade-marks will be protected at common law and equity by injunctions, bills for accounting and actions for damages in favor of the prior user, provided goods are actually and continuously manufactured under it. More recently, a trade-mark is intended less to indicate the source of a commodity than to identify the commodity itself for which a demand has grown on the strength of its name or mark. The first trade-mark act in the United States was enacted in 1881, and its various amendments. The most recent statute is the Lanhom Act of 1946, which repealed all prior acts. Violation of registered trade-marks involves statutory penalties as well as the remedies already mentioned. Registration gives constructive notice to the whole world, and is inclusive as to title. H. D. Nims, Law of Unfair Comp. and Trade-marks. See Trade-name.
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TRADE-NAME. The name under which any person or firm does business, whether or not it is the proper name or names of the proprietors, or a more or less fanciful name of the product or service. The prior use of a trade-name, which is not merely an ordinary descriptive English word or phrase for the goods sold or services rendered, will be protected in equity under the rules of unfair competition. Katz Drug Co. v. Katz, 240 Mo. App. 739, 217 S. W. (2) 280. See Trade-mark.
TRADER. One who trades. A person who deals in the purchase and sale of goods in order to make a profit.
TRADE REGULATION. The rules of law, established by statute or otherwise, which seek to prevent unfair and deceptive trade practices. By the Federal Trade Commission Act (15 U.S.C.A. $5), Congress made unlawful "unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce." See Unfair competition.
TRADE-SECRET. A method used either in the manufacture or the marketing of a product or service which can be discovered only by those engaged in the work or their agents or servants. An agent or partner can be enjoined from using a trade secret for his own benefit or from revealing them to an outsider. If so revealed, the use of the method by the person improperly obtaining the information can be enjoined. Schreyer v. Casco Prod. Corp., 97 F. Sup. 159. See Unfair competition.
TRADE - UNION. A labor organization of working-men, established to improve working conditions, obtain higher wages, shorter hours of employment, etc. The trade-union's methods are chiefly by means of boycotts, strikes, and collective bargaining. The chief forms of trade unions are industrial unions and craft unions. Keith Theatre v. Vachon, 134 Me. 392, 187 A. 692.
TG WITH THE ENEMY ACT. A Federal statute which prohibits or regulates tg between citizens and enemy nationals. 50 U.S.C.A., App.
TRADITION, A term used in the civil law to describe delivery of both real and personal property.
TRAFFIC COURT. A court possessing summary jurisdiction for disposing of crimes or offenses against the traffic laws.
TRANSACT. To conduct, manage, or carry out.
TRANSACnO. Lat. A voluntary compromise or settlement of a litigation.
TRANSACTING BUSINESS WITHIN STATE. When a foreign corporation transacts business within a state it must comply with registration requirements. Failure to do so may prevent its bringing suit within the state. Whether or not a corporation is transacting business in a state has been the subject of much litigation. Usually, an isolated transaction is not so considered. Nat. Un. Indem. Co. v. Bruce Bros., Inc., 44 Ariz. 454, 38 P. (2) 648.
TRANSACTION. 1. At the civil law, the ordinary term for a compromise. In Louisiana such a transaction, to be binding, must be written.
2. An act or agreement involving more than one person and affecting their mutual relations.
TRANSCRIPT OF JUDGMENT. A certificate that a judgment has been entered. When filed in another county the judgment becomes a lien on the judgment debtor's real property therein.
TRANSCRIPT OF RECORD. The printed copy of the record of an entire case including the pleadings, intermediate proceedings and judgment. Such a transcript is usually required to be filed on appeal to an appellate court.
TRANSFER. 1. To convey property from one person to another. 2. A conveyance.
TRANSCRESSIO. Law Latin for trespass.
TRANSIRE. The warrant, formerly used in England, to a custom-house to permit goods to pass without payment of custom.
TRANSITORY ACTION. A personal action, either in contract, tort or quasi-contract, which can be maintained in any jurisdiction in which the plaintiff can reach the defendant by personal service, or in which the defendant voluntarily appears. United Biscuit Co. of Am. v. V'oss Truck Lines, 407 III. 488. 95 N. E. (2) 439.
TRANSITUS. Lat. Transit. See Stoppage in transitu.
TRANSLATION. 1. In the law of wills, a testamentary provision made in the same will or in a codicil by which a legacy previously given is transferred from the legatee to another person. It is an ademption of the original legacy.
2. In ecclesiastical law, the transfer of a bishop from one bishopric to another.
3. In Roman Catholic ecclesiastical law the transfer of the relics or the body of a
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saint from one place to another. TRANSPORTATION. 1. The carrying of goods or persons from one place to another. See Passage.
2. In the older English penal law, the banishment of a convicted felon to a penal colony. Penal transportation was first instituted in 1619. Some of the American colonies were used for that purpose before the Revolution, and after that time, Australia, Tasmania and the Andaman Islands were places of transportation. It was abolished by a law of 1868.
TRANSSHIPMENT. The transfer of cargo from one ship to another before the ultimate destination.
TRAVERSE. To deny an allegation In a pleading either by directly controverting it, or by setting up facts that contradict it. A common or specific traverse denies some of the allegations; a general traverse begins with explanatory matter, called an inducement, and ends with a denial as a result of the inducement. The result of a general traverse is the general issue. The general traverse was regarded as putting in issue the material allegations in the declaration. Shipman, Common Law Pleading, pp. 366 ff. Kimball v. B., C. or M. Ry. Co., 55 Vt. 95. See Common Law Pleading; Pleadings; Tender of issue.
TREASON. 1. In the United States, as defined in the Constitution (Art. Ill, Sec. 3), treason is the "levying of war against the [United Statcsl or in adhering to their enemies, giving them aid and comfort." It is further provided that "no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court." The crime can be committed only by one owing allegiance to the United States.
2. In England, the definition of treason was first clearly formulated in the Act of 1351 (25 Edward III, c. 2) with its amendments, notably that of 1817 (57 Geo. Ill, c. 6). It consists in compassing the death of the king, queen or heir to the throne, violating the queen, the king's eldest unmarried daughter or the wife of the heir, levying war against the king in his realm, or giving aid and comfort to his enemies. Assault on high officers representing the king was included.
3. In most other countries, treason, whether statutorily defined or not, con-
sists in an overt attempt violently to overthrow the government. In monarchies, a distinction is made between "high treason" proper, which is directed against the life or the position of the monarch, and other forms of treason directed against the country, such as assisting invasion or aiding the enemy in war. The latter was called "treason against the country." See Treason, high; Treason, petty; Treason, constructive.
TREASON, CONSTRUCTIVE. The attempt made in England by the crown, after the French Revolution, to create the crime of treason by a process of inferring treasonable intent from acts non-criminal in themselves. It was opposed by all liberal elements, and was in practice eliminated by the new definitions of the Treason Act of 1817.
TREASON, HIGH. In England, as defined in the Treason Act of 1351, an act of treason against the king. It is practically synonymous with "treason" used without a qualifying adjective.
TREASON, PETTY. 1. In feudal law, an act of disloyalty—especially that of making war—of a vassal against his lord.
2. After 1351, in England, the murder of a master by his servant or a husband by his wife. It has long been treated as simple murder. See Treason.
TREASURER. A public officer, or officer of a corporation, association or club, entrusted with the custody of its money, and responsible for its disbursement.
TREASURER, LORD HIGH. In England, at one time, the third highest officer. From 1714 the office has been vested in a commission or board of lords.
TREASURER OF THE HOUSEHOLD. The officer of the British royal household in charge of the finances of the Household. He is next in rank to the Lord Steward.
TREASURER OF THE UNITED STATES. In the Treasury Department, an official who has custody of public funds, and their disbursement and collection.
TREASURER'S REMEMBRANCER. Formerly an official of the English Exchequer, charged with the duty of keeping record and managing the financial business of the Exchequer.
TREASURE TROVE. Any quantity of money or of precious metals which has been hidden by an unknown owner of the treasure and is discovered by accident by some other person. At the com-
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mon law treasure trove became the property of the crown, but was often surrendered to the lord of the manor or divided with him. Jf the owner is discovered title remains in him. In the United States, treasure trove is treated like other found property. If it was found by a trespasser or licensee digging in the soil, it belongs to the owner of the land. The rights of the state or of the United States as succesor to the Crown have, so far as records go, never been asserted. At the civil law, treasure trove was divided between the finder and the owner of the property. Ferguson v. Ray, 44 Ore. 557, 77 P. 600.
TREASURY. The place where public moneys are kept. It refers less to a particular building or place than to the entire amount of funds or bullion under the custody of the Treasurer, wherever kept.
TREASURY BENCHES. The benches at the right of the Speaker in the English House of Commons, occupied by the Prime Minister and other members of the Cabinet. It is so called because the Prime Minister was formerly always (and still is generally) First Lord of the Treasury.
TREASURY NOTE. A note or bill issued by the Department of the Treasury of the United States which is legal tender and receivable in payment of dues to the United States. It is especially applied to notes issued in exchange for silver bullion purchased under the Sherman Silver Purchase Act of 1890.
TREATY. A formal agreement between two or more nations. In Great Britain treaties are made by the Crown, i.e., by the Ministry. In the United States, under Article II, Sec. 2, Subsec 2, of the Constitution, treaties are made by the President of the United States but are not valid unless confirmed by two-thirds of the members of the Senate present when the vote is taken. Under Article VI, Sec. 2, treaties made "under the authority of the United States" are "the supreme law of the land." As between a treaty and a Federal statute which contradict each other, the later in time will prevail.
TREBLE DAMAGES. Three times the actual damage sustained. Certain statutes (e.g., Sherman Anti-Trust Act) provide for the award of treble damages to the persons injured.
TRESPASS. Any violation of the rights of a person which consists in unlawfully or
without permission entering upon his land. The term is also used in connection with attacks on his person or injuring or removing his property. It also refers to injuries which are direct and immediate, and not consequential. An action will lie for nominal damages, if no actual damage is shown, and, if likely to do irreparable harm, or if likely to be continued, an injunction may be granted. The term is derived from the French "trepas" and was the translation of the Latin "transgressio." It was almost generalized into a term covering any injury; and at old English criminal law was very nearly the equivalent of the modern term misdemeanor. In some states, trespass has been made into a statutory crime, punishable as a misdemeanor. At common law, the declaration in a suit in trespass, ended with the words "against the peace of our Lord the King," and the plea which denied it, was "Not guilty." Shipman, Common Law Pleading; Boyd v. Siebold, 7 Wash. (2) 279, 109 P. (2) 535. See Trespass de bonis asportatis; Trespass on the case; Trespass quare clausum fregit; Trespass vi et armis.
TRESPASS DE BONIS ASPORTATIS. Lat. Concerning goods carried off. An action of trespass which lay against a person who had unlawfully carried the plaintiff's goods away. No intention to commit theft was necessary to make out a case.
TRESPASSER. One who commits a trespass. In common speech it is usually applied to one guilty of the trespass quare clausum fregit, i.e., one who unlawfully and without permission goes upon the land of another person.
TRESPASSER AB INITIO. Lat. From the beginning. The term is applied to a person who in the course of a lawful act does something unlawful. He is then held to have been guilty of a trespass from the very beginning of the lawful act.
TRESPASS ON THE CASE. A tort action against a person for injuries inflicted on the plaintiff, for which the older forms of trespass will not lie, either because the injury was merely an indirect consequence of an act of unlawful force, or because it was unlawful, though not forcible, and resulted in injury. It came to cover most situations in which one person suffered damage through another's fault, and through later developments gave rise to most of the modem actions of contract (special and general assump-
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AUTHENTICATION. The act by which a proper official attests that a document is itself an official document, or a correct copy of an official document. Authentication is required by the law of evidence, when an official document is offered to prove a contention in a trial or other proceeding. 5 Chamberlayne, Mod. Law. of Ev., §3361.
collection of Novels, i.e. Roman imperial decrees, constituting thc fourth part of Corpus Juris Civilis, made in the early Middle Ages and used throughout the Middle Ages and later as the official collection. The number of the Novels and the arrangement are not the same as those used today in thc generally accepted editions of thc Corpus Juris Civilis.
AUTHORITY. 1, The power granted to an agent by his principal to make contracts and enter into transactions on the principal's behalf. Sec Agency.
2. The power granted to a public official by virtue of his office. The authority depends on the Constitution or the statute which created the office and reasonable implication from the statute. In many instances, usage and tradition may enlarge or cireumscrilx" this authority.
3. The weight assigned to a decision or an opinion of a court or a public official, by other courts or public officials. The authority of a higher court or a higher official is binding on a lower court in the same jurisdiction, if the case cannot be "distinguished." Thc authority of a court of equal rank or of a "foreign" court has only "persuasive" authority, which will vary with the reputation of the judges of that court and thc number of other courts that have reached the same conclusion. Civil law courts are rarely granted "authority" at all by common law courts, but their decisions are sometimes cited by way of illustration.
AUTO DA FE'. The execution of a sentence of execution for heresy, as by burning, during the Spanish Inquisition. Also, the publication of such sentence. Literally, "act of faith."
AUTONOMY. Independence in government. AUTRE or AUTER. Fr. Other. A word
used in a number of common law phrases
in its ordinary sense.
AUTRE ACTION PENDANT. Law Fr. Another action pending. The plea that on-other suit between the same parties on the same cause of action in pending in the
same court or another court of the same jurisdiction.
AUTRE DROIT. Law Fr. Other right, i.e. in right of some one else. The term used to describe the fact that the right claimed is to Ik* used for the benefit of some one else than the claimant.
AUTREFOIS. Fr. Formerly.
AUTREFOIS ACQUIT. Law Fr. The plea used in common law cases that the accused has already licen acquitted of the same charge on which he is now indicted. Together with autrefois attaint and autrefois convict, the three defenses were complete pleas in bar. Their place is taken in American law by the plea of double jeopardy.
AUTREFOIS ATTAINT. Law Fr. A plea used in the long obsolete action of "attainting a jury" that the person attainted had already been attainted of the charge of having given a false vcrdist. See Attaint. Sec also, uutrefois acquit and autrefois convict.
AUTREFOIS CONVICT. Law Fr. A plea at common law that thc accused had already been convicted of the same charge on which he is now indicted. See also, autrefois acquit and autrefois attaint. 4 Black. Comm. 336.
AUTRE VIE. Fr. Other life. i.e. the life of another. The term used, generally with the preposition "pour" (Fr. "for") to describe an estate thc length of which is measured by thc life of some one else than the grantee. When a tenant for life transfers his interest, the transferor holds "pour autre vie." It was the 'lowest" estate of freehold known to the common law.
AUXILIUM REGIS. Lat. Aid of the king.
Money paid to the king to provide for
his governmental expenses. AVAILS. The proceeds or profits of a sale.
AVAL. A French word of doubtful origin, probably an abbreviation of "a valoir" (i.e., to make valuable). An indorser who signs as guarantor or surety for the maker of a note or acceptor of a bill. The term is common in French and Canadian law and corresponds to the accommodation indorser in the Uniform Negotiable Instruments Law of the United States (§64). An aval was not recognized at the common law. Steele v. M'Kinlay, 5 App. Cas. 754.
AVERAGE. 1. In maritime law. the loss during a sea voyage, which is adjusted between the owner of the ship, the owner of the cargo, and the "freight," which

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Trespass Qeare Claeseet Freglf
sit) and tort. Thc word "case" is often used instead of "trespass on the case." By Statute of Westminster 2, 13 Ed. I, c. 24, it was provided: "That as often as it shall happen in the Chancery, that in one case a writ is found, and in a like case falling under the same right, and requiring like remedy, no writ is to be found, the clerks of the Chancery shall agree in making a writ, etc." The term "like case" is a translation of "consimili casu."
TRESPASS QUAKE CLAUSUM FREGIT. Lat. Because he broke [the plaintiff's! close. An action of trespass against a person who unlawfully and without permission entered upon the land of the plaintiff.
TRESPASS VI ET ARM IS. Lat By force and arms. An action of trespass against a person who has forcibly injured the person or property of the plaintiff.
TRIAL. In procedure, the examination by judge or jury, or judge and jury, of issues presented in the due course of procedure. The issues are generally issues of fact, but may include issues of law as well. The trial seeks to establish the merits of a controversy or the guilt or innocence of the defendant in a criminal prosecution. Arnstein v. Porter, 154 F. (2) 464. See Summary judgment.
TRIAL BY BATTLE. See Wager of battle.
TRIBUNAL. A general word equivalent to court, but of more extensive use in public and international law.
TRIENNIAL ACT. Several Acts of the English Parliament providing that a new parliament should be elected at least every three years. The last Act was that of 1684. It was displaced by the Septennial Act of 1716, which is still nominally in force,
TRINA ADMONITIO. Lat. Triple warning. Applied to the three warnings required to be given to an accused who refused to plead, before application of the peine forte et dure.
TRINITY TERM. See Terms of court.
TRINODA NECESSITAS. Lat. Three-knotted need. The first word is generally supposed to be a corruption of "tri-moda," i.e., "three-form." At Anglo-Saxon law, the three occasions for which local landowners might be taxed without special provisions: (1) for repairing bridges; (2) for maintaining strongholds; and (3) for repelling invasions.
TRIORS. 1. In the older practice, the per-
sons, generally two in number, appointed to determine the fitness of a challenged juror.
2. The peers of Great Britain, in the case of a peer charged with felony, who then act as the Court of the Lord High Steward.
TRIPARTITE. 1. Containing or divided into three parts. 2. An agreement to which there are three parties.
TRIPLICATION. In the older Adrriiralty practice, the pleading that followed the replication and the duplication.
TRITHLNG. The third of a county. The word "riding" is derived from it.
TRONAGE. A feudal customary toll exacted for weighing wool. It was done by a beam, "trona."
TROVER. A tort, the common law equivalent of the action of conversion. The name (Law Fr. "trover," "to find") arose from the fiction that defendant had found the article and refused to return it to the owner. This eliminated the necessity of proving a wrongful taking. Ship man, Common Law Pleading; Chatterton v. Boone, 81 Cal. App. (2) 943, 185 P. (2) 610. See Quasi-deposit.
TRUCE OF GOD. In Latin, "treuga Dei." The period between Wednesday evening and Monday morning, and a similar period governing Church holidays, during which, under the influence of the Cluniac movement, the Church in medieval times (1027 A.D. to thc middle of the 13th century) attempted to prevent warfare between feudal lords. It was only imperfectly enforced.
TRUCK ACTS. Statutes beginning with the British Act of 1831 forbidding the payment of workmen's wages in commodities and requiring payment in money. Several acts of this sort had been passed before, one as early as 1465. Nearly all American jurisdictions have similar legislation.
TRUE BILL. The indorsement on a bill of indictment, when the grand jury decides that a person accused should be prosecuted. See Not found.
TRUE COPY. The same as Copy.
TRUST. 1. An arrangement of rights over property called the trust res, trust estate or corpus, under which the owner or holder of the title, called the trustee, is required in equity to permit use of it by some other person, called the beneficiary the beneficiary may extend almost to com-or the cestui que trust. The interest of
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plete control and enjoyment of the property which is the subject of the trust. If it becomes so complete that no power or interest or duty is left in the trustee at all, the latter is said to hold the naked legal title, and the trust becomes a dry trust, indisinguishablc from a use. The interest of the beneficiary or cestui que trust is considered an equitable title as contrasted with the legal title of the trustee. See Passive trust.
A trust may be created by grant of the owner, the trustor or settlor to the trustee. It needs no consideration from the trustee or acceptance by him. He may, however, decline to act, in which case another trustee must be found. A trust may likewise be created by simple declaration of the owner of property that he henceforth holds the res in trust for a named or determinable beneficiary.
If a trustee declines, or fails to qualify—where that is necessary—or dies, or is otherwise incapacitated, the court will appoint someone else as trustee, since equity will not allow a trust to fail for want of a trustee. If no beneficiary can be found, the trust fails and the equitable title is merged in the legal title.
Trusts are frequently created by will, and these testamentary trusts are very much like the fide icom milsa of the Roman law.
Trusts are either express or implied. Express trusts are those that have been described above. Implied trusts are either resulting or constructive. Trusts are also named according to their purpose, e.g., charitable trusts, and spendthrift or protective trusts. Scott, A. W., The Law of Trusts. See Massachusetts trust; Spendthrift trust.
2. A term used for combinations of large industrial corporations or individuals, which have in fact, or tend to obtain, control of an industry or of a group of industries. The term came into use because of the practice of these corporations to transfer their stock to another corporation which was to hold it in trust for them. The term is also used of cartels, pools and syndicates which seek to obtain monopolistic control. See Antitrust Acts.
TRUST COMPANY. A bank organized under general statutes for the purpose of dealing with trusts and managing the various financial matters of corporations organized as trusts. These companies are
authorized to do general banking business as well, except that of issuing bank-notes. See Trust.
TRUST DEED. A deed given to a creditor to secure a loan. In the case of bondholders of a corporation, the deed is given to a third person, generally a bank or a trust company, which holds the property in trust for the bond-holders. In many states, trust-deeds are given to individual creditors as security and are substitutes for mortgages. This was especially common in the case of bank-loans secured by real property. On default, the creditor, as beneficiary, could bring an action to have the property disposed of for his benefit. This obviated the need of foreclosure proceedings and cut off the statutory redemption. Abuses of the trust-deed process, have, in some states, as in California, where trust-deeds were widely used, occasioned litigation, which for most purposes subjects trust deeds to the same conditions as mortgages. Blair v. Blair, 44 Cal. App. (2) 140, 112 P. (2) 39.
TRUSTEE. The owner of the legal title of the trust res or trust estate or corpus, in which some other person has the beneficial or equitable interest. See Trust.
TRUSTEE PROCESS. A statutory proceeding found in some of the New England states by which goods, choses in action or other property which cannot be attached, are ordered held by the owner or possessor to await the outcome of a suit, and, if the plaintiff is successful, will be ordered to be disposed of to satisfy the claim.
TRUST-FUND DOCTRINE. The doctrine that all the property of a corporation is held by the corporation in trust for the creditors, or the creditors and stockholders. Terhune v. Weise, 132 Wash. 208, 231 P. 954, 38 A. L. R. 94.
TRUST, MASSACHUSETTS. See Massachusetts trust.
TRUSTOR. The person who settles or creates a trust. Also called a settlor.
TRUST RECEIPT. The document evidencing a transaction between an entruster and a trustee whereby the entruster or any third party delivers to the trustee goods, documents or instruments, in which the entruster has, or will acquire, a security interest. The trust receipt must be in writing, must designate the goods, documents or instruments concerned, and must recite the security interest of the entruster. Under the Uniform Trust Re-
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ceipt Law the entruster's security interest prevails without filing against any creditors of the trustee for thirty days after delivery. The entruster may, upon the trustee's default in the obligation secured, repossess himself of the property delivered, and upon notice may sell it for the trustee's account at a public or private sale. A purchaser in good faith and for value from an entruster in possession takes free of the trustee's interest, even in a case in which the entruster is liable to the trustee for conversion. People's Nat. Bank v. Mulholland, 228 Mass. 152, 117 N. E. 48.
TUBMAN. In England, a barrister who practiced in the Court of Exchequer. See Postman.
TUNNACE. See Tonnage (1).
TURN-TABLE DOCTRINE. Also known as the Attractive Nuisance doctrine. In a number of jurisdictions children of tender years, who are injured on the defendant's property or premises, are not considered as trespassers if a condition existed thereon which would reasonably be expected to entice the child. The doctrine originally developed from the fact that children were injured upon unguarded railroad turntables. Best v. Dist. of Col., 291 U. S. 411, 54 S. Ct. 487, 34 Col. L. R. 782; Restatement, Torts, $ 339.
TURNPIKE ROAD. A high-road over which the public had a right of way on payment of toll. The toll was exacted at gates at which there was formerly a revolving stile or bar. Turnpike roads were generally managed by a corporation created under statutory authority. They have generally been displaced by railroads.
TURPIS CAUSA. Lat. A shameful immoral, or disgraceful consideration in a contract or other transaction.
TURPITUDE, MORAL. A term applied to crimes, whether misdemeanors or felonies, which besides being unlawful, shock our sense of decency or the moral code of the community.
TUTELAGE. Guardianship, both official and unofficial.
TUTOR. 1. In Scots law, the guardian of an infant under the age of puberty. The tutor had charge of the person, the curator of the property, of the minor. 2. In the civil law, the guardian of a minor.
TWELVE MILE LIMIT. A provision in an agreement between the United States and England permitting the United States to search British ships within twelve miles of shore. Cf. Three Mile limit.
TWELVE TABLES. The code of laws drawn up in Rome about 450 B.C., so called because they were engraved on twelve bronze tables set up in the Roman forum. They were assumed to set forth only customary and established law, but did in fact contain some new legislation. They remained the permanent basis for the statutory law of Rome, but by the time of the later Empire had become almost completely obsolete. Only fragments of their provisions, quoted in later writers, are known. See Roman law.
TYING CONTRACT. An agreement intended to maintain the fixed resale price of an article, and to require a purchaser to buy merchandise other than such as they desire. U. S. v. George F. Fish, Inc., 154 F. (2) 798.
UBERRIMA FIDES. Lat. The most complete good faith. An expression used to describe certain contracts and transactions in which more than ordinary good faith is required, and in which each party, or the economically more powerful party, is bound to disclose everything that he may reasonably assume will affect the transaction.
ULTIMATE FACTS. The facts that are in issue in a case, as distinguished from other facts, probative facts, which tend to prove or disprove the existence of the ultimate facts. Woodard v. Mordecai, 234 N. C. 483, 67 S. E. (2) 639.
ULTIMATUM. A communication made by one party to another which purports to be the last proposition which will be pre-
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sented and which requires an acceptance or rejection without condition or qualification. It is generally applied to communications between nations, and, under such circumstances, it contains an implied threat that a rejection will entail either war or other hostile action.
ULTO1US HAERES. Lat. Ultimate heir. In the law of England, it is used to refer to the soverign.
ULTRA MARE. Lat. Beyond the sea. It was one of the accepted excuses for failing to answer a summons.
ULRA VIRES. Lat. Beyond the powers. 1. A term used to describe any act of a corporation which is beyond the express or reasonably implied powers granted to the corporation by its charter. An act ultra vires is generally void, but a corporation is often estopped to plead it and, in special cases, the act may be held valid to avoid unfair or oppressive results, even without an estoppel. Twisp Mining 6r Smelting Co. v. Chelan Mining Co., 16 Wash. (2) 264, 133 P. (2) 300.
2. In Canadian public law, the term was used as the practical equivalent of the term "unconstitutional" to describee any act of the Dominion or one of its provinces, beyond the powers granted by the British North America Act of 1867 or the Acts or Constitutions that have taken its place.
UMPIRE. A term used as the equivalent of arbitrator in award and arbitration.
UNA CUM OMNIBUS ALUS. Lat. Together with all the others.
UNA VOCE. Lat. With one voice. I.e., unanimously.
UNAVOIDABLE ACCIDENT. An injury to person or property, which could not have reasonably been foreseen and avoided by the person whose act caused the injury. It does not mean that it would have been physically impossible to avoid the injury. Gunter v. Claggett, 65 Cal. App. (2) 636, 151 P. (2) 271. See Negligence.
UNBORN CHILD. See En Ventre sa mere.
UNCERTAIN. Indefinite, vague. If a pleading is uncertain it is subject to a motion to make it more definite and certain. Uncertainty in a will respecting the intentions of the testator may render it void.
UNCERTAIN EVENT. An event which may not happen at all or which will happen at a time that cannot be foreseen in advance.
UNCLEAN HANDS. An equitable doctrine which will prevent a court of equity, as
a court of conscience, from giving equitable relief to a person whose conduct is unconscionable, 1. e., morally reprehensible. Nagano v. McCrath, 187 F. (2)
UNCONDITIONAL. Without conditions; subject to no reservations; not limited. See Condition.
UNCONSTITUTIONAL. 1. In violation of a provision of a written constitution, or irreconcilable with its provisions or general principles.
2. Irreconcilable with the principles of an unwritten constitution, or in violation of statutes regulating such a constitution. See Constitutional Law.
UNCORE PRIST. See Toujours et unco re prist.
UNDE NIHIL IIABET. Lat. From which she has nothing. A plea in an action for dower.
UNDERLEASE. See Sublease.
UNDER SEAL. A document of any sort to which a seal has been attached is so described. A contract under seal, called a specialty, was binding on the person whose seal was attached to it without consideration. Later it merely created a presumption of consideration which could be rebutted by evidence. At the present time the seal Is generally without importance and is frequently omitted altogether. See Sealed instrument.
UNDERTAKER. Formerly a general term for any person who contracted to do something ordinarily in the public service. It was more particularly applied to a guarantor, bail or surety on a bond.
UNDERTAKING. A guaranty, or a promise to answer for the debt, default or miscarriage of another person. See Suretyship.
UNDER TENANT. A sub-tenant. See Sublease.
UNDERWRITER. 1. An insurer of a ship or cargo against loss or damage. It is customary for each underwriter, if there are several, to indicate the amount for which he will be liable next to his signature on the policy. The liability of an underwriter on his contract is called the "risk."
2. The term is now used commonly of other insurers against loss or damage to property, by fire, earthquake and the like.
3. An investment banker who acts as a middleman between a corporation issuing securities and the investing public. He may also buy or guarantee the sale of an entire security issue.
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in an agency relationship, whose existence is not known to the persons with whom the agent transacts business. When the existence of a principal is discovered, the third person has the option of treating either the principal or agent as liable, but his power to select the undisclosed principal is lost if the principal has, in his accounting with the agent, provided the latter with the means of settling the claim. In other respects, an undisclosed principal is treated as a disclosed one would be, and may enforce all the contracts his agent has made for him. Mech-em. Agency, ad hoc.
UNDIVIDED. A term applied to property held by two or more persons simultaneously whether as Joint tenants, tenants in common, tenants by the entirety, or coparcenary tenants.
UNDUE INFLUENCE. Such pressure or influence brought to bear on a person which makes a contract or will made by that person not the expression of his own intentions, but of the intentions of another. It is a strong indication of undue influence when the person on whom it is exercised is weak or infirm in body or mind, or by reason of age or social condition is easily impressed, and when the person exercising the influence profits by the contract, will or other transaction entered into by reason of it. Withers v. Withers, 363 Pa. 431. 70 A. (2) 331.
UNFAIR COMPETITION. All acts by which a person attempts to drive a competitor out of business or to induce his competitor's customers to leave him, when those acts are not designed merely to demonstrate some superiority of his own goods or services to those of his competitor. Besides such obvious methods as fraud and intimidation, many other devices which are not strictly illegal, may, if within the scope of the acts described, amount to unfair competition. Unfair competition in the United States is now enforced chiefly by the Federal Trade Commission and by recent decisions, the Commission will issue a cease and desist order to protect the public even if no competitor is injured. Motion Picture Adv. Serv. Co. v. P. T. C, 194 F. (2) 633. See Trade-mark; trade-name; trade regulation.
UNIFORM. A uniform law is one which operates universally and treats alike all persons similarly situated. Opposed to special or discriminatory.
UNIFORM LAWS. A number of states
have adopted the Uniform State Laws, promulgated by the Commission on Uniform Laws, in an attempt to avoid conflicting state laws, primarily on commercial subjects. Among the more important uniform laws are the Uniform Bank Collection Act, the Uniform Bills of Lading Act, the Uniform Conditional Sales Act, the Uniform Negotiable Instrument Law, the Uniform Partnership Act, the Uniform Sales Act, the Uniform Trust Receipts Act, the Uniform Warehouse Receipts Act, the Uniform Principal and Income Act, the Uniform Reciprocal Enforcement of Support Act, the Uniform Commercial Code, the Uniform Veteran's Guardianship Act, the Uniform Acknowledgments Act, and the Uniform Foreign Depositions Act.
UNIFORM OPERATION OF LAWS. In constitutional law, the requirement that laws of a general nature shall have a uniform application as to a particular class, provided ' such classification is not unreasonable. St. v. Mclnerney, 63 Wyo. 280, 182 P. (2) 28.
UNILATERAL CONTRACT. 1. At the com mon law, a term used to describe an obligation or promise for which the consideration is an act and not a promise, especially if the obligation does not arise until the consideration is completely performed. A promise to pay a reward for the finding and returning of a lost article is an example of this land of contract. Lord's Will, 25 N. Y. S. (2) 747, 175 Misc. 921. See Consideration; Contract.
2. In the modern civil law, a contract derived from one of the so-called "real contracts" of the Roman law, i.e., loan for use (commodatum), loan for consumption (mutuum), deposit and pledge, as well as the "innominate contracts," do ut des, do ut facias, facio ut des, facio ut facias. Cf. Civil Code of Louisiana, § 1758. UNION. Sec Trade union.
UNITED NATIONS. An international organization, whose charter was drafted in 1945, and which has as its purposes the maintenance of peace, the development of friendly relations between nations; the solution of economic, social, and iit ¦-¦¦] international problems. The principal organs of the United Nations are six: The Security Council, the General Assembly, the Economic and Social Council, the International Court of Justice, the
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Ua|»t Enrichment
Trusteeship Council, and the Secretariat. Among its specialized agencies are the International Labor Organization, the Educational, Scientific and Cultural Organization, the International Monetary Fund, the International Refugee Organization, and the International Trade Organization. The aims and principles of the charter were first expressed in the Atlantic Charter in August, 1941. See Veto, 5.
UNITED STATES CODE. The United States Code of 1925, with amendments, has been described as the official restatement of the general and permanent laws of the United States contained in the Revised Statutes and Statutes at Large.
UNITED STATES COMMISSIONERS. Subordinate judicial officers, appointed by the Federal District Court and holding office for four years. They have the power of magistrates in the state jurisdictions, and may hear by reference all matters submitted to them by the court, as well as administer oaths and take depositions. Cf, the Federal Judicial Code, 28 U.S.C.A., §631.
UNITED STATES COURTS. The establishment of the Federal courts is provided for by the Constitution, Art. Ill, Sec. 1. In 1789 Congress passed the Judiciary Act, organizing the Supreme Court and a system of inferior Federal courts. The constitutional courts consist of the United States District Courts, the Courts of Appeals for the various circuits, and the Supreme Court, The legislative courts are the Court of Customs and Patent Appeals, the Customs Court, the Court of Claims, and the Territorial Courts. Appeals from the District Courts are taken to the Court of Appeals and then to the Supreme Court, on certiorari or by appeal or writ of error.
UNITED STATES OF AMERICA. A Federal republic, bounded on the north by Canada and the Great Lakes, on the south by Mexico and the Gulf of Mexico, and on the east and west, respectively, by the Atlantic and Pacific oceans. The Republic has a national government established under a national constitution adopted in 1787. The government is republican in character and federal in its structure. It consists of forty-eight states, a Federal District (the District of Columbia), and six territories. The Constitution recognizes the sovereignty of the people. The Constitution confers certain express powers on the national government. The several
states retain all powers not so delegated, unless expressly forbidden by the Constitution. The principle of checks and balances (developed by Montesquieu) gave rise to the separation of the legislative, executive and judicial branches of government. See Administrative law; Constitutional law.
UNITY OF INTEREST. Joint tenants possess a unity or identity of interests with respect to the property which is subject to the tenancy. Calif. Trust Co. v. Bennett, 189 P. (2) (Cal. App.) 531. See Unity of possession; Unity of title.
UNITY OF POSSESSION. The situation that arises when a person becomes the owner or possessor of two rights in the same property one dependent upon or subservient to the other. The latter is then merged with the former. When a person acquires an easement over Black-acre and then acquires title to Blackacre the easement is terminated, and if he then transfers Blackacre it will pass unburdened. See Unity of interest; Unity of title.
UNITY OF TITLE. In joint tenancy, the expression of the fact that the joint interests of the joint tenants are created by the same act. See Unity of interest; Unity of possession.
UNIVERSAL. Pertaining to all or the whole without any exception.
UNIVERSAL AGENT. An agent who has the authority to transact all of his principal's business. Mechem, Agency, § 6.
UNIVERSAL LEGACY. A legacy which bequeathes all of the testator's property.
UNIVERSAL PARTNERSHIP. A partnership to which the partners contribute all their property.
UNIVERSAL REPRESENTATION. In Scots law, the representation of an ancestor by his heir in all matters, including responsibility for the debts of the ancestor.
UNiVERSITAS FACTI. A group of things of the same sort but not identical, like a herd of cattle, which may be treated as a whole. See Universitas rcrum.
UNIVERSiTAS JURIS. A group of different things, like the component parts of an estate, which for many legal purposes may be treated as a single whole.
UNIVERSITAS RERUM. An extension of universitas facti in which wholly searate things are treated as a single whole, as all the articles found in a given place.
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from the Roman law through the case of Moses v. Macferlan, 2 Burr. 1005 (1760), decided by Lord Mansfield. The passage is in the Digest of Justinian (D. 12, 6, 14). "For it is a rule of natural equity that no one should become richer to the detriment of another." It became the general foundation of the modern law of quasi-contract. Unjust enrichment is often declared to exist when there is little or no actual enrichment of the person complained of, but a definite unjust loss or impoverishment of the person complaining. Unjust enrichment plays a larger part in the modern civil law as a means of creating obligations than in the common law. McBride v. Bridges, 202 Old. 508, 215 P. (2) 830.
UNLAWFUL. That which is not permitted by or is contrary to law. Not necessarily synonymous with criminal.
UNLAWFUL ACCUMULATION. The accumulation of rents or profits for a period which violates the rule against perpetuities.
UNLAWFUL ASSEMBLY. 'An arranged meeting of three or more persons to carry out an unlawful purpose or an otherwise lawful purpose with force and violence. The term is often used to refer to a riot, although they are not strictly synonymous terms. St. v. Woolman, 84 Utah 23, 33 P. (2) 640.
UNLIQUIDATED. A term applied to damages which cannot generally be ascertained with certainty, as in the case of a tort. See Liquidated damages.
UNOCCUPIED. 1. In the case of a private dwelling, one that has been abandoned by its former occupants who have left it without the intention of returning,
2. In the case of territory, any land not under the control of an organized government recognized by a substantial number of independent states.
UNPROFESSIONAL CONDUCT. Conduct which violates the ethical rules governing a profession, such as the practice of law or medicine. Such conduct may warrant disciplinary action.
UNQUES. Law French for "ever." nearly always preceded by the negative "ne," l.e., "not."
UNSOUND. Having such a defect or infirmity, as in an animal, as to constitute a breach of warranty.
UNSOUND MIND. Mental incapacity;
idiocy, imbecility, lunacy, insanity. It does not mean mere eccentricity.
UNWRITTEN LAW. 1. As a translation of the Latin 'lex non scripta," this term decribes the great body of law derived from custom, whether of the people or of the courts, as well as from equity and good conscience. See Common law.
2. In popular usage it refers to ancient customs of self-help and vengeance which are definitely prohibited by law but which are approved by the less cultivated members of the community. A common illustration is the right claimed of killing the seducer of a wife or daughter. P. v. Young, 70 Cal. App. (2) 28, 180 P. (2) 132.
UPPER BENCH. In England, during the protectorate under Cromwell (1649-1660), the name given to the King's Bench court.
UPSET PRICE. In a public sale of property under a decree of foreclosure of a corporation mortgage, or in a reorganization proceeding, the upset price Is the price below which bids will not be accepted. Guar. Tr. Co. v. Seaboard Air Line Ry. Co., 60 F. Sup. 607.
USAGE. See Custom.
USANCE. The time for payment of a bill of exchange.
USE. A device, enforcible in equity, by which a bare or naked title is granted to one person and all beneficial rights and powers granted to another. The grantee is called a feofee to uses and the beneficiary, the cestui que use. By the Statutes of Uses under Henry VIII all uses were executed. The difference between a use and a trust is that in the use the feofee has no function to perform, and in a trust, the trustee has some active duty no matter how slight There is no discernible difference between a dry trustee and a feofee to uses. The use was originally devised to escape the incidents of feudal tenure, and to defeat the rights of creditors.
See Resulting use; Springing use; Trust; Uses, Statute of.
USE AND OCCUPATION. A term describing the actual enjoyment of possession of real property under an agreement express or implied, which is not a formal lease because no rent has been stipulated. Since it is based on an agreement, an action for use and occupation will not lie against a trespasser.
USER. Use; enjoyment; possession.
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USES, STATUTE OF. An act passed in 1535 under Henry VIII (27 Hen. VIII) which executed a use, so that the cestui que use (beneficiary) automatically acquired the full legal as well as the equitable title. The statute did not apply to a use upon a use; nor to any case in which the feofee had any active duty in regard to the property. In that case, the use was, properly speaking, a trust. A dry trust in which the trustee has no interest, power or duty in the estate is considered a use and executed by the Statute. The Statute of Uses was in force in England until repealed by the law of Property Act in 1925. It was influential in shaping American legislation and Judicial decision with respect to passive trusts, doing away with such trusts except in the case of trusts created by operation of law, e.g., constructive and resulting trusts. Bogert, Law of Trusts.
USHER. An inferior bailiff or court attendant formerly found in some English courts.
USQUE. Latin for "up to."
USUFRUCT. At the Roman and civil law, a personal servitude, whereby for a specified time the use and enjoyment of some property real or personal, or of some interest in property, Is transferred to another person on payment of a sum of money and often a small periodic rent. It often took the place of the common law lease, since the civil law lease (locatio) was merely a personal contract and did not give the lessee any interest in the property leased. Generally, the right to enjoy property vested in another person. Clark v. Lindsay Light 6t Chem. Co., 405 111. 139, 89 N.E. (2) 900.
USUFRUCTUARY. The person to whom a usufruct is granted.
USURPATION. The assumption of a right under a franchise, or of an ecclesiastical benefice, without legal right.
USURY. I. In medieval law the general word for interest, no matter how small, charged for the use of money, since all interest was forbidden both by canon and secular law.

2. Since the sixteenth century, usury signifies any interest beyond the limit fixed by statute or law, which varies according to jurisdiction. Brown v. Amer. Nat. Bank, 197 F. (2) 911. Usury often makes the whole contract void. In some jurisdictions, the amount paid in a usurious contract can be recovered with treble damages. Usury is sometimes made a criminal offense. See Usury laws.
USURY LAWS. Laws which establish legal and lawful interest rates. The legal rate is the rate permitted by law where no specific agreement as to interest has been made by the parties, the lawful rate is the maximum rate fixed by law, which the parties may not exceed. A contract for interest in excess of the lawful rate is usurious. See Usury.
UTERINE. A term applied to children born of the same mother.
UTFANGTHEF. At feudal law, the right of a lord to punish a thief captured within his domain, even though the theft was committed outside of it.
UTI POSSIDETIS. Lat. As you possess. In Roman law, an edict establishing the person who is in possession to be the owner of the property. In international law, a phrase in a treaty indicating that the parties may retain what they have captured.
UTRU.M. See Assize utrum.
UTTER. In criminal law, to pass or attempt to pass a forged instrument or counterfeit money to another person, with the intention that the instrument or money shall be generally circulated. Fain v. Com., 287 Ky. 507, 154 S. W. (2) 553.
UTTER BARRISTER. In England, junior counsel who sit outside the bar, as distinguished from king's or queen's counsel, who sit within the bar. Also called outer barrister.
UXOR. Lat. Wife. Sometimes abbreviated "ux," as in the expression "et ux," "and wife."
UXORICIDE. 1. The killing of a wife by her husband. 2. A husband who kills his wife.
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Vacantia Bona
VACANTIA BONA. Lat. Things which have no owner or claimant and may be retained by the finder.
VACANT POSSESSION. Possession of premises whach are completely vacant, i.e., which the former possessor or tenant has left and which contain no goods belonging to such former possessor. The covenant in many types of grant is that the grantee will receive "vacant possession" of the premises.
VACANT SUCCESSION. When the heir to an inheritance is not known, the succession is said to be vacant. Simmons v. Saul, 138 U. S. 439.
VACATE. 1. To move out of or cease occupying, as a building. 2. To annul or cancel, as to vacate a judgment or court order.
VACATION. The period between court terms.
VADIUM MORTUUM. Lat. Dead gage, or, dead pledge. The Latin for the Law French "mortgage." It was so called to distinguish it from the "live pledge" (sec Vadium vivum), because the rents and profits of the property held as security were not applied to the payment of the debt.
VADIUM VIVUM. Lat. Live gage, or, live pledge. A type of security in which rents and profits are applied as they accrue to the payment of thc loan secured. Sec Vadium mortuum.
VAGABOND. The word is generally considered to be synonymous with vagrant.
VAGRANCY. The state or condition of being a vagrant.
VAGRANT. A person without visible means of support or a settled habitation. Vagrancy is a misdemeanor in many jurisdictions. The power to arrest persons for vagrancy when no unlawful act has been committed has in some instances led to serious abuses.
VALEAT QUANTUM. Lat. Let it have such effect as it can. The full expression is "valeat quantum valere potest." In respect to wills, it means giving as much effect to the testator's intention as possible.
VALID. Having legal effect; binding according to law; vested with legal authority. See Void} Voidable.
VALIDATING ACT. An act or statute which is designed to cure or make valid past transactions.
VALIDITY. Legal effectiveness or sufficiency.
VALOR. Latin for "valuation."
VALOR BENEFICIORUM. The registered valuation of ecclesiastical benefices in England which was kept in a book called since 29 Henry VIII (1537) the "King's Book." It was on this valuation that "first-fruits" and "tenths" were paid. I Black. Comm. 284.
VALOR MARITACII. The assessment of the value of thc feudal right of "marriage," i.e., thc fine which a ward would have to pay to her feudal guardian (the immediate lord) if a suitable marriage was refused or if the ward married without the lord's consent.
VALUABLE CONSIDERATION. As applied to consideration in a contract, the term includes all services or goods which could have been disposed of at some profit, even if only slight. It is distinguished from good consideration, which is based on ties of blood and affection. Generally, it consists of a right or benefit to one party, or of a detriment, forbearance or loss to the other. Aetna Plywood or Veneer Co. v. Robineau, 340 HI. App. 418. 92 N. E. (2) 206. See Meritorious consideration.
VALUABLE SECURITY. Any security which could be disposed of in whole or partial satisfaction of thc debt secured.
VALUABLE THING. Any thing, generally a chattel or chose in action, on which a reasonable person would set a value,
VALUATION. The method used to ascertain thc value of property for the purpose of establishing fair rates, fair profits, tax assessments, and to determine the value of real property in condemnation proceedings, and the like.
VALUE. The value of property is generally considered to be thc market price thereof. Generally, the utility or worth of a thing.
VALUED POLICY. In the law of insurance, a policy which expresses the value of the thing insured, Amer. Ins. Co. v. Gentile Bros. Co,, 109 F. (2) 732.
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VALUER. One who sets a value on property; an appraiser.
VALUE RECEIVED. A phrase formerly used in many instruments especially in negotiable instruments, as prima facie evidence that lawful consideration has been duly given for the transaction. The use of the phrase has no longer any probative value, and if it is necessary to prove consideration, the presence of the phrase will create no presumption that would not be created by the character of the instrument itself. McGufBn v. Coyle, 16 Old. 648, 86 P. (2) 962, 6 L.R.A., N. S., 524.
VARIANCE. 1. In the older practice, any substantial difference between the writ and the pleading based on the writ.
2. In present procedure, any substantial difference between the allegations of a pleading and the evidence adduced to sustain it. Variance is no longer as strictly construed as it formerly was. Amendments are freely allowed to conform pleading to proof, and dismissal because of variance will be granted only in extreme cases. The term is often used as equivalent to "failure of proof," but this is not technically correct. Forsell v. Pitts. & Mont, Copper Co., 38 Mont. 403, 100 P. 221.
VASSAL. In feudal law, the holder of an estate subject to the performance of services to an overlord. The term, as a rule, implies tenure by knight's service, and is in ordinary speech confined to barons or nobles of higher rank, subject to a prince or king or other great feudal lord. See Feudal system.
VASTUS. Latin for "waste."
VAVASOUR (or VALVASOR). In feudal law, a sub-vassal, i.c., a person holding from a lord who is himself a vassal "in capite" of the king or of some similar great lord.
VENDEE. Originally, a buyer of land. The word is now often used of a buyer of personalty as well.
VENDITIONI EXPONAS. Lat. That you expose for sale. A writ issued to a sheriff directing him to conduct a sale of property taken under a writ of execution. It was formerly confined to chattels seized in execution.
VENDOR. The term means merely "seller," but was formerly confined to a seller of realty. It still usually refers to realty but is increasingly used in its ordinary and literal sense of a seller of either realty or personalty.
VENDOR'S LIEN. In the law of sales, the implied lien which an unpaid vendor of personal property has, unless it has been specifically surrendered or the property has passed into the hands of a bona fide purchaser. The right of stoppage in transit is an application of this hen.
VENDUE. A public auction.
VENIA AETATIS. Lat. Excuse of age. A privilege formerly granted by the long to individuals under age to perform some legal act as though they had reached maturity.
VENIRE. The shortened form of the phrase venire facias, which literally means in Latin, "to come," but is commonly used for the writ itself, or the entire panel of jurors summoned by the writ. See Venireman.
Lat. That you cause to come to answer. A writ formerly used to summon an accused to answer an accusation for a misdemeanor.
VENIRE FACIAS DE NOVO. Lat. That you cause | him | to come again. The writ formerly used to summon the defendant again, when the first proceeding has been dismissed for irregularity before judgment.
VENIRE FACIAS JURATORES. Lat. That you cause the jurymen to appear. The writ formerly used to summon the panel from which the jury is to be selected.
VENIREMAN. One who appears as a juror by means of a writ of venire facias.
VENTE A REMERE. A term of French law, commonly used in Louisiana and Canada, describing a sale in which the vendor reserves the right of repurchase within a certain time.
VENTER, VENTRE. The French word for "belly" used in certain law phrases dealing with pregnancy. Sec En ventre sa mere; Ventre inspiciendo, de.
VENTRE INSPICIENDO, DE. A writ formerly issued to permit a jury of matrons to examine a woman in order to determine whether she is pregnant.
VENTURE, JOINT. Also called joint adventure. A partnership for a limited purpose or undertaking. The rules of law
governing a joint venture are similar to those applicable to partnerships.
VENUE. [A corruption of "visne," the French form of "visnetum," "vicinetum," a Late Latin word for "neighborhood."! 1. A term originally applied to the neighborhood from which a jury was required
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Backing a Warrant
in this connection is the compensation for the transportation of the cargo or for the use of the ship.
"General average" is the entire expense incurred, the damage suffered or the sacrifice made, deliberately, for the safety of the entire enterprise during a sea-voyage. It is adjusted among all the persons interested in proportion to their interest and the owners are liable to proportionate contribution. The term "average" properly meaaning "loss," is often used of the contribution.
"Particular average" is accidental damage caused to ship or cargo (not amounting to total loss) which is not caused by the desire to save the ship or the maritime adventure, and is borne by the owner of the thing or things damaged. "Petty average" consists of the charges and disbursements paid by custom in the course of a voyage, such as towage, tolls, quarantine, etc.
"Simple average" is the same as particular average.
"Gross average" is the same as general average.
2. In feudal law, one day's work done by the King's tenants or service done by a feudal tenant with beasts of burden. Surviving chiefly in the phrase "aniage and carriage" in old Scottish leases.
Note: The maritime term is derived from the Italian "avaria" — damage, and perhaps ultimately from the Arabic. The feudal term is of wholly different origin, perhaps from a word meaning "beast of burden." The use of the term as the mathematical mean, also common in legal
sources, is derived from the maritime term.
A VERBIS LEGIS. Lat. From the words of the law.
AVERIA. Law Latin for "cattle."
AVERIIS CAPTIS IN WITHERNAM, DE. Lat. An English writ for the recovery of cattle distrained. See Withernam.
A VINCULO MATRIMONII. Lat. From the bond of matrimony. A complete divorce. See A mensa et thoro.
AVOCAT, AVOUE. Terms of French law generally equivalent to barrister and solicitor in England. Similar distinctions occur in other civil law countries.
AVOUE'. See Avocat
AVOID. 1. To make a transaction or status wholly without effect or void.
2. In English ecclesiastical law, to vacate a benefice.
AVOIDANCE. The act of rendering a written instrument void. Sec Confession and avoidance.
AVOUCHER. In English procedure, the calling of a warrantor, or voucher, to defend the title of a tenant in real property.
AVOWRY. A common law plea in a replevin action which justifies the taking of the property.
AVOWTERER. The same as adulterer.
AVULSION. The sudden and perceptible removal of large quantities of soil from land.
AVUS. Lat. Grandfather.
AWARD. The decision of an arbitrator.
AWAY-GOING CROP. See Woy-going crop.
AYLE. Grandfather, in Law Fr. A writ of ayle was an action in place of an assize of mort d'ancestor. Sec Ail.
BACHELOR OF LAWS. A degree granted to one who has graduated from a school of law.
BACK-BERENDE; BACK-BERAND. Bearing on his back. A thief found with stolen goods borne on his back, could be summarily executed without trial, before
the development of the jury system. BACKING A WARRANT. In English procedure, the act of a magistrate in indorsing a warrant issued by a magistrate in another jurisdiction and thus permitting it to be executed within the district of the indorsing magistrate.

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Verba de Fafaro, Par
to be drawn, whenever a jury was to be summoned.
2. Generally used for the county or other geographical unit within which a trial court has jurisdiction. See Removal of causes.
VERBA DE FUTURO, PER. See Per verba de futuro; Per verba de praesenti.
VERBA DE PRAESENTI, PER. See Per verba de futuro; Per verba de praesenti.
VERBAL. Parol, oral; by word of mouth, as an oral contract.
VERDICT. The decision reached by a petty or trial jury on whether the prosecuting attorney in a criminal action has proved his case beyond a reasonable doubt, or in a civil action, whether the plaintiff has proved his case by preponderance of evidence. In criminal actions, a general verdict must be either "guilty" or "not guilty" and in a civil action, a general verdict is "for the plaintiff" or "for the defendant." In a special verdict, the jury is required to answer certain questions submitted to them by the judge. All verdicts were formerly required to be unanimous. This is still the rule in Britain and in the United States Federal Courts under the Seventh Amendment to the Constitution. Many American states have permitted a verdict in civil actions by a majority of two-thirds or three-quarters. Under certain circumstances, depending upon the sufficiency of the evidence, the court may direct a verdict. Scaccia v. Bost. El. Ry. Co., 317 Mass. 245, 57 N. E. (2) 761.
VERGE. 1. A staff which was formerly used in England as the symbol of a ministerial office.
2. A staff held by certain types of feudal tenants in England while they swore fealty. They were in consequence called tenants by the verge.
3. In Anglo-Saxon England an area counted as twelve miles from the place where the king held his court. Within this verge the king's peace was enforced by the Marshal.
4. An indefinite area in London within which the Lord Steward, the Marshal of the King's court, had jurisdiction. See Court of the Marshalsea.
5. An indefinite area in the neighborhood of Whitehall in London.
VERGER. A church officer who carries the verge before a church dignitary; a church officer in charge of church ceremonies.
VERIFICATION. 1. The averment in a pleading that the pleader is ready to
prove the truth of the allegations made.
2. The oath affixed to pleadings under code practice to the effect that the allegations contained therein are true. Falsehood in a material allegation when the pleading is verified, is perjury.
VERIFY. To confirm a statement by oath. Verifications are taken by notaries public or other officers authorized to administer an oath. See verification.
VERILY. To "verily believe" is to believe in the existence of a fact upon good grounds.
VERSUS. The Latin for "against." It is abbreviated as "vs." or "v." and is, in the abbreviated form, constantly used in the titles of cases; e.g., "Doe vs. Roe."
VEST. 1. To confer or give an immediate right of ownership or enjoyment of property. 2. To endow with power or author-ity.
VESTED. An unconditional right to property, whether with a present or a future right of possession and enjoyment. It is generally used of real property rather than of personal, but is also used of legacies even if the legatee is not to obtain possession till a later date. Hagerty v. Adm'r., 137 Conn. 129, 75 A. (2) 406, 200 A.L.R. 960. See Vested remainder.
VESTED REMAINDER. An interest in real property "in futuro," i.e., not to be enjoyed till a future date, but in so far unconditional that only the continuance of an existing limited estate prevents present possession. For example, a grant to A and his heirs in tail, with remainder to B and his heirs, is vested, although the estate in tail may never end. Toledo Soc, etc. v. Hickok, 252 S. W. (2) (Tex. Civ. App.) 739. See Contingent Remainder; Remainder.
VESTING ORDER. 1. Used of decrees in the English Chancery, vesting tide to real property in a named person, without delivery of a deed to him.
2. In the United States, an order issued by the OlhVe of Alien property which vests the property of an enemy national. 50 U. S. C. A., Appendix.
VESTRY. 1. The place in a church where the vestments of the priests are kept and where those taking part in the church ceremonies robe themselves.
2. The assembly of the ministers and parishioners of a church.
3. In the United States, a group of persons elected by the parishioners of an Episcopal Church, who administer the affairs of the church.
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VETERAN'S PREFERENCE. Preference, given to veterans who have been honorably discharged, by the civil service. Their rating is increased by a specified number of points. Their widows and wives are also entitled to preferential treatment if the veterans are physically disabled.
VETERA STATUTA. Lat. Old statutes. The statutes of England from Magna Carta to those of Edward II (1326). Books containing merely these vetera statuta were among thc earliest printed law books in England. See Nova Statuta.
VETITUM NAMTUM. Lat. Forbidden taking. The name of a plea used by one who claimed possession of goods which a feudal lord had distrained and refused to surrender to a sheriff on a writ of replevin.
VETO. Lat. I forbid. It was by the use of this word that the Roman tribune of the plebs exercised his power of inter-cessio. Upon his public announcement that he forbade further proceeding any act of a magistrate and any deliberation of the senate or meeting of the assembly (comitia) would be effectively prevented. 1. The term is used today to describe the power of an executive or of the head of the state to disapprove and so render ineffective an act of the legislature. The President of the United States has such a power under the Constitution (Art. I, Sec. 7, Sub. 2), but his veto may be overridden by a two-thirds majority of the two Houses of Congress, voting separately. The veto power has been frequently exercised, and in a substantial number of instances has been overridden. The power of the King of England to disapprove a statute duly passed by Parlamcnt is not, properly speaking, a veto, since the bill is in form not a statute at all until enacted by the King. In fact, however, no bill has been disapproved since the reign of Queen Anne and in that reign only one such disapproval, i. e., in 1707, when the Queen refused her assent to a Scottish militia bill.
2. A power similar to that of the President of the United States of a veto subject to overriding, is vested in the governors of the various states by the stato constitutions. Similar qualified vetoes are granted the executives of most modern constitutionally governed states.
3. The term veto is used of the power of the British House of Lords under the Parliament Bill of 1910 and its amendments to reject certain types of bills passed by the House of Commons, which
if passed again by that House would become law without the concurrence of the Lords.
4. A right of veto by excluding certain cardinals by name from election as pope was claimed after the 16th century by certain Catholic monarchs, notably the King of France, the King of Spain and the Holy Roman Emperor (afterwards the Emperor of Austria). It was exercised in 1903 by Emperor Franz Joseph and abolished in 1904 by the Bull, Commissum Nobis, of Pope Puis X.
5. By the San Francisco Charter of the United Nations, the assent or acquiescence of all five permanent members of the Security Council (the United States, Great Britain, the Soviet Union, France and China) is necessary for any of its determinations. The power to refuse that assent is popularly known as the veto.
VEXATA QUAESTIO. Lat. A vexatious or undetermined question.
VEXATIOUS ACT OR SUIT. An act lawful in itself which is, however, done solely for the deliberate purpose of annoying another. The commonest form is that of multiple litigation without reasonable ground. In Great Britain this was sought to be prevented by the Vexatious Actions Act of 1896. In the United States such vexatious liitgation will in some cases be enjoined and may in some jurisdictions give rise to an action for damages. Delia v. Toolen, 307 HI. App. 491, 30 N. E. (2) 763.
VIABILITY. The ability of a new bom child to live.
VI BONORUM RAPTORUM. Lat. Property seized by force or violence. See Put in fear.
VICAR. 1. Properly a substitute clergyman, from the Latin "vicarius." In medieval times many prelates possessed a large number of benefices so that most had to be adjninistered by substitutes. In other cases, a benefice was owned by a religious house which kept the rectorial tithes for itself (see tithes) and left only the vicarial tithes for the incumbent. In recent times, in the Anglican Church, the vicar is usually the title not of a substitute of the rector, but of the head of the parish. See Rector.
2. In the Roman Catholic Church, a priest assisting the rector of the parish, or taking his place in some subordinate chapel.
VICE. 1. In lieu of; instead of; in place of.
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Vice-Admiralty Coirfs
2. A defect or imperfection; immoral conduct.
VICE-ADMIRALTY COURTS. Courts established in the American colonies before the Revolution to have jurisdiction over maritime cases, including cases of prize. An appeal was allowed to the Admiralty Court in England.
VICE-CHANCELLOR. 1. An English equity judge inferior in rank to the Chancellor and the Master of the Rolls, from whom an appeal lay to the Chancellor. A vice-chancellor was first appointed in 1813 and in 1841 two additional vice-chancellors were created. By the Judicature Act of 1873, the vice-chancellors became judges of the Chancery Division of the High Court.
2. An officer of the County Palatine of Lancaster, inferior to the Chancellor of the Duchy, who is a member of the Cabinet.
VICECOMES. 1. The Latin word for sheriff. The term was of Norman origin. In Normandy the vicecomes was appointed by the Duke and in England by the King, as the governor of the whole county, to guard the Duke or the King's interests as an offset to the power of a great vassal like the comes i.e., the count or earl.
2. The second title in the English peerage; a viscount. It is frequently used as a courtesy title for the heir of an earl, marquess or duke.
VICECOMES NON MISIT BREVE. Lat. The sheriff did not send the writ. An entry on the record to indicate that the sheriff made no return of the writ issued to him.
VICE-CONSUL. A member of the staff of a consulate who performs the duties of a consul in the absence or incapacity of the consul; or who acts as consul for a section of a district for which a consul is appointed.
VICE-PRESIDENT OF THE UNITED STATES. An office created by Article II Section 1 Subsection 1, of the Constitution of the United States. He must have the same qualifications and has the same term as the President. He takes the President's place on the death resignation, removal or incapacity of the President (Art. II, Sect. 1, Subscct. 6). His only other Constitutional function is that of presiding over the Senate without a vote except in case of a tic (Art. I, Sect. 3, Subsec. 4).
VICE-PRINCIPAL. The representative of
an employer in an industrial unit who is vested with such large powers of management and control that he will be required to assume the responsibilities of the employer himself.
VICE VERSA. Lat. On the contrary; or, the other way around.
VICLNACE. The neighborhood from which a jury must be taken; equivalent to venue.
VICINETUM; VISNETUM. Latin for "venue."
VICIOUS PROPENSITY. The tendency in an animal to attack a person without provocation.
VI CLAM UT PRECARIO. Lat. By force, in secret or by sufferance. The presence of either element will defeat the existence of an easement.
VICONTDEL. Belonging to or concerning a sheriff.
VIDAME. The same as vavasour.
VIDE. Lat. Sec; refer to. A word of reference, e.g., vide supra (see above), vide infra (see below).
VIDELICET. [Abbreviated "viz."] A Latin term equivalent to "that is to say" "to-wit," or "namely." It is in usage a variant of scilicet.
VIDIMUS. Lat. We have seen. An entry made on documents by the officer who is to carry out instructions contained in them.
VIDULTY. State of being a widow; widowhood.
VI ET ARM IS. Lat. Force and arms. See trespass.
VIEW. By statute, under certain circumstances, the members of a jury may be permitted to "view" the place where an event is alleged to have occurred. St. v. Murray, 67 Nev. 131, 215 P. (2) 265. See also Super visum corporis.
VIEW, DEMAND OF. A proceeding formerly employed in real actions to identify the land which a demandant claims and which the possessing tenant refuses to surrender.
VIEWERS. Person appointed by the court, generally to inspect highways and fences and report to the court about their condition.
VIEW OF FRANKPLEDGE. The periodic examination made in Anglo-Saxon times and continued throughout medieval times, by the sheriff, to make sure that all freemen, not vassals of some lord, were in frank-pledge, i. c, members of a group mutually responsible for each other. See Frankpledge.
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Vis Mafor
VIF-CACE. The French translation of vadium vivum.
VIGILANCE COMMITTEES (VIGILANTES). Organizations of private citizens to maintain law and order in the absence of duly constituted legal authority.
VILL. Formerly a villa or country estate. In medieval times it came to designate an extensive manor which sometimes later grew into a town. In the fifteenth century, it was used of divisions of a hundred or wapentake.
VILLAGE. A community of limited territory and population, smaller in size than a city or town. A small settlement which may, however, be a municipal corporation.
VILLAIN; VILLEIN. The general term for a serf attached to the soil, as distinguished from a personal serf. In later times, it became a term of reproach and was, if false, actionable without proof of special damage. See Villein in gross; Villein regardant.
VILLAINAGE; VILLEINAGE. The state of being a serf; or the institution of serfdom. See Villain.
VILLEIN IN CROSS. A personal serf who could be transferred, pledged or hired by his lord to another person. See Villain.
VTLLEINOUS JUDGMENT. A judgment given in an attaint or in any other case involving outlawry. The defendant lost his status as a free man (libcram legem). 4 Black. Comm. 136.
VILLEIN REGARDANT. A serf attached to the soil who could not be transferred except when the land was transferred. See Villain.
VINCULUM. Latin for a bond or chain.
VINCULUM MATRIMONII. The bond of marriage. The term "wedlock" is a translation of this phrase.
VINDICTIVE DAMAGES. Punitive or exemplary damages; smart money. Usually awarded when there is present the element of malice.
YTNER'S ABRIDGEMENT. The most famous of relatively modem abridgements. It was very much like an encyclopedia of law and equity, and was first published in 24 volumes in 1741-1751; 2d ed., in 24 volumes in 1791-1794; Supplement in 6 volumes, 1799-1801. The author of the abridgement founded the Vinerian professorship of the laws of England at Oxford, of which Blackstone was the first holder. The Commentaries were the lectures under this professorship.
VIOLATE. To disobey as a law. To interfere with the rights of another especially when done forcibly. To ravish.
VIOLENCE. Physical force directed against another's personal or property rights including intimidation or assault.
VIOLENTLY. Formerly this exact word was essential in an indictment for robbery from the person. See Violence.
VIOLENT PRESUMPTION. A phrase sometimes used for so strong a presumption of fact as to amount practically to absolute proof or "presumption of law."
VIRGA. Latin for "a staff." The symbol of office of a verger.
VIRGATE. The English form of "virgata terrae." Originally a "yard-land" and equal to one-quarter of an acre. Generally, however, it was applied to a quarter of a hide which would often be 30 acres. It varied in different parts of England.
V1RTUTE CUJUS. Latin for "By virtue whereof."
VIRTUTE OFFICII. Lat. By virtue of bis office. Anything done under general powers vested in a public officer.
VIS. The Latin word for "force" or "violence."
VISA. An indorsement on a passport granting permission to the holder to enter a foreign state.
VISCOUNT. Sec Vicecomes (2).
VISE. To certify that a document has been examined and found correct. See Visa.
VIS IMPRESSA. Lat. Force [directly] applied. The phrase used in actions of trespass to distinguish direct force, i.e., when the injury complained of is the immediate consequence of the act constituting the trespass, as distinguished from "indirect" force, when the injury is a more remote result of the trespass. See Trespass on the case.
VISITATION. 1. In English ecclesiastical law, the right of some high official, generally a prelate, or some one representing the crown, to visit and inspect the affairs of an ecclesiastical, collegiate or charitable corporation, to see whether the purposes of its foundation are maintained.
2. Often used as equivalent to the right of visit in international law.
VISITOR. In England, one entitled to make a visitation of public educational, charitable or church corporations.
VISIT, RIGHT OF. In international law, a variant for the term "right of search."
VIS MAJOR. Lat. Greaater force. It implies that an act was caused by greater than human force, or by such force that nor-



mal human efforts could not have prevented it. It is used in the civil law as the approximate equivalent of "Act of God."
VISNE. The same as vicinage, visnetum, vicinerum, venue.
VITAL STATISTICS. Records of births, deaths and marriage kept by governmental authority. They may also include records of population and population movements.
VTVA VOCE. Lat. With living voice. A term used for anything done by acclamation in a public assembly. Voting by word of mouth.
VIVISECTION. The dissection of living creatures for scientific research.
VOCARE AD CURIAM. Latin for "to call to the court."
VOID. Wholly without effect. A "void contract" is no contract at all. The same may be said of a "void marriage," a "void transfer," etc. The phrases however are useful to indicate the fact that the transaction declared to be void had the appearance of a contract, marriage, transfer, etc., but was In law none. Hardison v. Gled-hiil, 72 Ga. App. 432, 33 S. E. (2) 921. Sec Voidable.
VOIDABLE. Subject to be being made void by act of a party, by operation of law or by judgment of a court. A voidable transaction is valid until it has been avoided. When this takes place, the attempt, never completely effective, is made to place the parties in the condition in which they were before the transaction was entered into. Stanfield v. McBride, 149 Kans. 567, 88 P. (2) 1002. See Status quo.
VOIR DIRE. Law Fr. To speak the truth. An examination under oath of a prospective witness or juryman in regard to his qualification, his absence of interest in the case and similar matters preliminary to his being sworn "in chief," i.e., as a witness or member of the jury.
VOLSTEAD ACT. The National Prohibition Act of 1919, passed under the Eighteenth Amendment of the Constitution of the United States. It forbade the manufacture, sale, transportation or transfer of any liquor for beverage purposes, containing more than of one per cent of alcohol. It lapsed automatically with the coming into effect of the Twenty-first Amendment on December 6, 1933.
VOLUNTARY. Not accidental; intentional; done deliberately.
VOLUNTARY ASSOCIATION. An organization of persons not constituted as a legal entity. Corporations, for example, are not
considered as such. P. v. Adams, 47 N. Y. S. (2) 375, 183 Misc. 357.
VOLUNTARY BANKRUPTCY. A bankruptcy proceeding initiated by the bankrupt. When initiated by his creditors, it is known as an involuntary proceeding. Bacon v. Fed. Land Bank, 109 F. (2) 285.
VOLUNTARY CONVEYANCE. A conveyance of property without any consideration or which is based on "love and affection" only. See Fraudulent conveyance.
VOLUNTARY JURISDICTION. In English ecclesiastical law, including probate, jurisdiction in cases where there normally would be no adverse parties.
VOLUNTARY NONSUIT. In English practice, the abandonment of a suit by a plaintiff, with consent to costs. See Nonsuit.
VOLUNTARY OATH. An oath taken by a person before a magistrate or officer who could not compel the oath to be taken, or in some matter outside of judicial procedure.
VOLUNTARY PAYMENT. A payment made by a debtor to his creditor without suit, or by one person to another where no legal obligation exists to do so. O'Reillys Est., 26 N. Y. S. (2) 618, 261 A. D. 998.
VOLUNTARY WASTE. An act of waste intentionally or deliberately committed by the tenant. Opposed to permissive waste.
VOLUNTEER. 1. A person who, without legal obligation, takes part in some transaction, or assumes control of property, or, without consideration, accepts property without receiving legal title thereto. See Voluntary payment.
2. In military law, persons who enter the military service in time of war without legal compulsion.
VOTING TRUST. A trust created in which the trust res or trust estate consists of shares of stock belonging to various persons, transferred to a trustee, with power in the trustee to cast votes for the shareholders in the various corporations which have issued the stock. Smith v. Biggs Boiler Works Co., 91 A (2) (Del. Ch.) 193.
VOUCH. To call upon a person who has warranted or guaranteed a tide, to defend it if it is ottackcd. Most commonly used in the phrase "vouch to warranty." VOUCHEE. The person called upon to
vouch to warranty. VOUCHER. 1. In the old procedure in common recoveries, the person whom the tenant to the praecipe called upon to warrant the title. He was usually the crier of the court. See Vouch to warranty. Original from

2. Any document or written instrument which is evidence of an expenditure, especially when authorized by some official. VOUCH TO WARRANTY. To call a person, under a warranty of title, to defend a
suit in which the voucher's title is attacked. See Voucher; Vouch.
VOYAGE POLICY. A policy insuring a ship's voyage on a specific course.
VS. Abbreviation of versus.
WAGE. An old term for giving security. WAGE BATTLE. See Wager of battle.
WAGE LAW, TO. To prove a case by compurgation. The fuller phrase was "to wage his law," the term "law" in this instance being the equivalent of the Anglo-Saxon "laga," "status," rather than the Law-French "lof or "ley." This ancient method of proof involved the taking of the oaths of witnesses, usually twelve in number, not as to their knowledge of the facts but as to their belief that the defendant was telling the truth. Compurgation was, in time, superseded by the jury as we know it today. It did not exist at any time in the United States.
WAGER. A contract in which two parties agree that if an uncertain event, generally the outcome of a game, occurs, one will pay the other a certain sum of money. Such contracts are generally declared void as against public policy, and not only cannot be enforced by action, but in many jurisdictions, if the wager is paid, the money can be recovered, and the defense of in pari delicto is unavailable. In a very few states, as in Nevada, wagers have been legalized by statute. P. v. Oreck, 74 Cal. App. (2) 215, 168 P. (2) 186. See Aleatory, Betting, Gaming, Wagering Agreement.
WAGERING AGREEMENT. An agreement to pay money which is dependent upon the occurrence of an event of chance and where no performance is required by the one party in exchange for a performance by the other. Such agreements are illegal and unenforcible. Insurance and indemnity agreements, because of their social benefits, are not illegal, though they may involve elements of chance or uncertainty. See Wager. WAGER OF BATTLE. A system of trial
by battle introduced into England after the Norman Conquest and applied to writs of right for the recovery of land and to appeals of felony. The appellant or demandant threw down his gage, which was a challenge to combat, and the defendant was required to pick it up. The two parties then fought and the defeated one if he survived was hanged, unless pardoned by the other. It had become practically obsolete by the time of Elizabeth but in 1818, in the case of Ashford v. Thornton, the defendant, who had been acquitted of murder, was appealed by Ashford and offered battle. The challenge was refused, and appeals were abolished by statute. The most complete and scientific account of trial by battle is to be found in Mr. C. Neilson's book, "Trial by Combat," 1898. See Ordeal.
WAGER POLICY. An insurance policy where the person insured has no interest in the subject matter. See Aleatory; Gaming; Wager, Wagering Agreement. War-nock v. Davis, 104 U. S. 775.
WAGES. Compensation, generally paid for manual labor. Often used synonymously with salary or fees.
WAGES, ASSIGNMENT OF. The assignment or transfer of the future wages of * person who is employed, as security for a loan or otherwise, is in many states subject to statutory regulation enacted for the protection of the employee. The statutes may limit the amount of the wages which may be assigned and may regulate such assignments in connection with conditional sales contracts. See Assign; Conditional sale.
WAIFS. 1. Coods thrown by a thief in flight They were the property of the King or of the lord of the manor, if he possessed the franchise of waif. The true owner might,

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however, recover the goods if he brought prompt action. See Fresh suit. 2. A woman who was outlawed. See Waive, 2.
WAINAGIUM. A term used in Magna Carta, among the matters which were exempt from seizure by way of amercement. It is generally taken to refer to the implements of husbandry. McKechnie, Magna Carta, 2nd ed.
WAIVE. 1. Knowingly to surrender or abandon a claim or a defense which might have been legally made in the course of procedure. In private transactions it may take the form of a release or an election of courses of action where several are open. The effect of a waiver is that the claim, defense, or right waived is wholly lost and cannot be revived without the consent of the other party. In many instances, failure to claim a right or defense, is construed as a waiver. Sudnick v. Home Friendly Ins. Co., 149 Pa. Super. 145. 27 A. (2) 468.
2. In old English law, to outlaw a woman, who having no "laga" or status of her own, could technically not be "outlawed." A woman so outlawed was called a waif.
WAIVER. The act or result of waiving. See Waive.
WANTON. Reckless; not restrained; without excuse; wicked. A wanton act is an act committed with total disregard of the rights of other persons. In some cases it is held equivalent to gross negligence. P. v. Wardell, 291 Mich. 276, 289 N.W. 328.
WAPENTAKE. 1. The name for a county division in some English counties, equivalent to the more common hundred. It is found in Yorkshire, Lincolnshire, Leicestershire, Northamptonshire, Nottinghamshire and part of Derbyshire. See ViD. 2. The court held in a wapentake,
WAR. The condition of mutual hostility between two nations, characterized by the following incidents: (a) The citizens of the two nations are forbidden to have any peaceful intercourse of any kind with each other; (b) The organized forces of one nation may lawfully attempt to invade the country of the other, kill all those who resist, confiscate any property necessary for the purpose of warfare, and destroy anything that may be of military advantage to the enemy. They may also, at sea or in the ports, seize or destroy any shipping of the enemy country and any contraband of war found on neutral ships; (c) The invading army supersedes

the government of the country invaded, and may claim the obedience of the inhabitants; (d) Any government at war may suspend in its own country the normal methods of law and government to secure greater efficiency in fighting. Citizens may be drafted into the army, and property needed may be commandeered.
The condition of being at war may exist wtih or without a formal declaration to that effect, but it ceases only when formal proclamation is made unless by treaty between the formerly warring nations, publication of the treaty itself terminates the war. See Reprisals; War claims.
WAR CLAIMS. Claims against a country for property unlawfully taken or other injury inflicted in the prosecution of a war; as well as claims for property lawfully commandeered for which compensation may be demanded. In the United States many statutes have been passed regulating the proceedings for the recovery of war claims.
WAR CRIMES. Generally, waging aggressive war, committing crimes against humanity, and violating the established customs and laws of war. Following World War II, a number of trials were held, the most important being held in 1948 in Nuremberg, Ccrmany, and many high civil and army officials were found guilty of committing these offenses. See War guilt.
WARD. 1. A minor whose property or person is under the care of a guardian, appointed or confirmed by a court. Guardians appointed by the will of a testator can assume their duties only after the will is admitted to probate. See Valor maritagii; Ward in chancery; Wardship.
2. A division of a county in England (Northumberland and Cumberland) corresponding to the hundred or the wapentake in other counties.
3. A division of a city or town in England and the United States.
4. A small unit in the organization of the Mormon Church.
WARDEN. 1. A public official, the administrator of a prison and, in some jurisdictions, the administrator of a port. 2. One of several officials administering a church or parish, especially in the Episcopal Church. 3. A forest officer. See Ranger.
WARDEN OF THE CINQUE PORTS, LORD. A high official, ranking as an Admiral of tho British Navy, who is the titular governor of the Cinque Ports.
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WARD IN CHANCERY. In English law, an orphaned minor without a lawfully appointed guardian who is, in consequence, under the protection of the Court of Chancery or, since 1873, the Chancery Division of the High Court of Justice. WARD-MOTE. A court anciently held in
every ward of the City of London. WARDSHIP. In Feudal law, the right of a feudal lord to be the guardian of a minor heir of his vassal in tenancies by chivalry or knight's service. It permitted use without accounting of the ward's estate and included the right of controlling the ward's marriage. Until these incidents were abolished in 1660, the questions involving wardship were within the jurisdiction of the Court of Wards and Liveries. See Ward; Ward in Chancery-WAREHOUSE. A place where goods are placed for storage. As a specialized business, it is one affected with a public interest and is regulated by many statutes. Warehousemen are often required to furnish bonds, and the warehouse in that case is called a bonded warehouse. See Warehouse receipt. WAREHOUSE RECEIPT. A receipt for merchandise issued by a warehouseman for goods deposited with him in a warehouse. The receipt may be negotiable in form or may be not negotiable. A negotiable receipt is a symbol of the merchandise and may be used to obtain credit. The Unifonn Warehouse Receipts Act, which has been adopted by every state and the District of Columbia, defines the legal effect of such receipts and the rights and obligations of the holders thereof and of the warehousemen issuing them. Collins v. Bowles, 152 F. (2) 760. WARES. Coods and merchandise; movable chattels.
WAR GUILT. Responsibility for the commencement of a war without sufficient cause. The Treaty of Versailles imposed such guilt on Germany after World War I. Sec War crimes.
WARRANT. 1. A writ issued by a court authorizing the arrest of a person, or the seizure of property.
2. A commission issued in the navy to officers inferior to commissioned officers proper. A warrant-officer is consequently the equivalent of a non-commissioned officer in the army.
3. A bench-warrant is a warrant issued by a court while sitting in some trial or proceeding.
4. A search warrant is a warrant au-
Digitizedby VjOOQlC
thorizing a police or other officer to enter the premises of a private citizen to search for a person accused, or property needed for evidence, or for confiscation. Search warrants may be issued only upon an affidavit of probable cause. See Searches and Seizures.
5. To make a warranty.
WARRANTIA. Latin for "warranty." See Warrantia chartae.
WARRANTIA CHARTAE. An obsolete writ used by a feoffee in a deed with warranties, who has been ejected by a person claiming under paramount title. It lay against the warrantor and required him to aid the tenant in an action brought against the tenant. If the tenant failed in the action the warrantor was responsible over to him for damages and might be required to grant the feoffee lands of equal value.
WARRANT OF ATTORNEY. A written authorization to an attorney to appear in court on behalf of the client and there give consent to certain acts outside of the ordinary representation in a trial. It is most commonly used of authorizations to confess judgment or to stipulate something which is in the nature of a concession to the opposite party.
WARRANTOR. One who makes a warranty.
WARRANTY. 1. A collateral undertaking in a sale of either realty or personalty, express or implied, that if the property sold does not possess certain incidents or qualities, the purchaser may either consider the sale void or claim damages for breach of warranty. McGuire v. Thompson, 152 Neb. 28, 40 N. W. (2) 237. The warranty is a contract in which the implied promise is that the seller will pay damages if the property does not possess the characteristics warranted, or if the protection is not furnished, and the consideration for this promise is the making of the contract of sale.
Covenants of various types of warranty (e.g., title, quiet possession) are contained in deeds of realty and are by the statutes of some jurisdictions implied, except in a quit-claim deed or in any other instrument specifically disclaiming a warranty. In sales of personal property, warranties are now governed by the Sale of Goods Act in England, and the Uniform Sales Act in the United States, now in force in most states, Sections 11 to 16. A complete revision of the American law of sales is being prepared as part of a new uniform Commercial Code. The final
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draft was published in 1948, and warranties are governed by Sections 312-318 of that Code. It has not yet been presented to the states for adoption. In a sale of personalty, express warranties, to be enforcible, must be contained in the memorandum, when such a memorandum is necessary under the Statute of Frauds. See Frauds, statute of.
2. A provision in an insurance contract, making certain statements about the person or thing insured or about the risk insured. So far as the insurance laws of the jurisdiction permit, such warranties are treated as conditions and their breach will avoid the policy. Amer. Emp. Ins. Co. v. Raton Wholesale Liquor Co., 123 F. (2) 283. See Representation. WARRANTY, BREACH OF. The failure to comply with or the breaking of a warranty.
WARRANTY OF GOODS. A warranty that
goods are of a specified quality. WARRANTY OF LAND. A warranty that
the title to the land is good. WARRANTY OF TITLE. A warranty that
title to property sold is good. It may
be express or implied. WARREN. A game preserve or place used
for the keeping of game, wild beasts and
wild fowl.
WASTE. 1. An unauthorized act of a tenant of land who does not possess the freehold or fee simple, which tends to the lessening of the value of the estate or destroys or injures any part of it. An action to enjoin waste or for damages for waste may be brought by anyone whose interest in the land is adversely affected by the waste. Waste is permissive when it consists of neglect on the part of the tenant which causes buildings to decay or fall; or failing to turn off streams of water. In the case of landlord and tenant, permissive waste is actionable only if the tenant has assumed the obligation of repair. Voluntary waste is any deliberate cutting down or digging up of the land contrary to the usual "course of husbandry," which results in diminishing the value of the property. Cutting timber or opening quarries are familiar examples. Equitable waste is the result of acts for which redress may be had in a court of equity, even if the grant to the tenant contains the words "without impeachment of waste." It includes any act which substantially changes the character of the property, such as the cutting of shade trees, the turning of a residential estate
Into a farm and similar acts. Camden Tr. Co. v. Handle, 132 N. J. Eq. 97, 26 A. (2) 865. Sec Nul waste.
2. The privilege in feudal law of a lord of taking possession of the lands of his vassal by knight's service for a year during the minority of the heir, or if the land was held in right of the vassals wife, during her widowhood. The term waste (vastum) was derived from the fact that the lord was unaccountable for any profits derived from the land or anything he took from ft.
WATER-BAILIFF. In England, a port officer who has the duty of searching ships.
WATER-COURSE. A channel through which a stream of water flows either continuously or at periodic times in the year. It includes small streams like creeks as well as rivers.
WATERED STOCK. Where the stock of a corporation has been Issued as paid in full, whereas the cash or property value of the stock has not in fact been received by the corporation in exchange, the stock so issued is said to be "watered." In such case the stockholders and the directors may be held responsible to the corporate creditors. State legislation, known as "blue-sky" laws, have attempted to remedy this abuse, as has also Federal legislation, such as the Securities Act of 1933. Ham v. Smith, 85 Okl. 137, 204 P. 642.
WATER GAVEL. Rent paid for the right
to make use of (e.g., fish in) certain
WATER MARK. The point to which water rises or descends; respectively, high watermark and low watermark. See Sea.
WATERS. All waters on land are the property of the owner of the land but are subject to different rules if they fall Into one or another of three classes: (a) Percolating waters, which are for the?most part underground and either have no definite channel, or have a channel not discoverable except by subsurface digging; (b) Surface waters, which are diffused on the surface of the soil and do not follow a definite course; (c) Underground watercourses which flow in definite channels below the surface and which may not be diverted by the owners of the property through which they pass.
WAVESON. In old English law, goods that float on the surface after a wreck. See Wreck.
WAY. A passage or right of passage which may be private or public. A right to go
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WwtmlasUr. Stataras of
over the land of another. A road or highway. See Easement; Way, right of; Way of necessity.
WAY-BILL. A document which accompanies all freight carried on railroads, giving the character of the freight, the route and the charges. Its purpose Is to identify the shipment.
WAY-GOING CROP. The crops derived from seed sown in the last year of a tenancy and not harvested before the termination of the tenancy. The tenant may enter, cut and remove the crop after his tenancy has expired, even if the lease does not expressly grant that right.
WAY OF NECESSITY. An easement arising by operation of law, giving to a person a right to pass over the land of another, as where such passage is necessary to enable one to reach his own land. See Way, right of.
WAY, RIGHT OF. An easement to pass over the land of someone else, acquired either by grant, by implication in a grant or by prescription. The extent of the right of passage and the means which may be used in effecting it, will vary with the purpose or with the express terms of the grant. Some rights of way are appurtenant and pass with the transfer of the dominant tenement. Others are in gross and may be transferred by the possessor like any other personal right. They are extinguished by agreement, by merger, and in many instances by long non-user or any other evidence of abandonment. See Way of necessity.
WAYS AND MEANS, COMMITTEE ON. The committee of a legislative body of which the function is to determine how the necessary revenues of the government are to be raised.
WEAPON. That which is used in combat. A concealed weapon is a weapon which Is purposely hidden. The carrying of concealed weapons may be a criminal offense.
WEAR AND TEAR. Words employed to describe the amount of surface destruction and other minor injury that ordinary use of an article is likely to cause. When things are to be returned in specie, it is generally taken for granted that they will show some "wear and tear."
WEEK. The period of time extending from the morning of Sunday to midnight the following Saturday; seven days. The first day of the week is Sunday.
WEIGHAGE. In feudal times a duty or toll paid for weighing merchandise.
WEIGHT OF AUTHORITY. A valuation placed in legal argument upon certain lines of precedent as against other precedents. Courts in particular jurisdictions are guided by weight of authority ha other jurisdictions but are not controllel by it. See Stare decisis.
WEIGHT OF EVIDENCE. A valuation made of the credibility of evidence based upon its quality rather than upon the number of witnesses and the length of the deposition. Verdicts against the weight of evidence may be set aside, and failure to do so may bo made a ground of appeal. Amst v. Estes, 136 Me. 272, 8 A. (2) 201.
WELFARE. A state or condition of well-being or prosperity. The preamble to the Constitution states that the Constitution was established to "promote the general welfare."
WELL-KNOWING. Words used as the equivalent of scienter.
WELSH MORTGAGE. A kind of vif-gage or vivum vadium. The rents and profits of the mortgaged property go to the creditor in satisfaction of the debt pro tanto.
WERGILD; WEREGILD. In Anglo Saxon law and generally In Germanic law, the amount of money that must be paid to the family of a person killed, or to the man himself, upon an Injury amounting to mutilation. It varied with the man's rank, and the circumstances of the injury. The ancient Anglo-Saxon codes are little more than schedules of wergeld.
WESTMINSTER. Originally a wholly separate city and now, though a part of London, still a separate administrative unit, called the City of Westminster. In ordinary usage, the name is confined to a smaller area, including Westminster Abbey, the Houses of Parliament, the Law Courts and the Government buildings in Whitehall. All the four royal courts were held in a single building, Westminster Hall, from the thirteenth century till 1882, when the new Law Courts were built. For that reason "Westrninster" became a word, symbolizing the common law. Westminster Hall remained standing after the courts were removed and is one of the most famous monuments of ancient architecture in London, being first erected in 1097.
WESTMINSTER, STATUTES OF. 1. Three statutes made at Westrninster in the reign of Edward I. (a) Westminster I, in 1275, containing fifty-one clauses and al-
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iQCOa'l N*W Abridgement
abridgement by Matthew Bacon published in 1736 of which the last edition (8th) was published in 1832 in 8 volumes. BADGES OF FRAUD. The tests set forth by Coke in Twyne's Case (3 Coke 80b) 78 Eng. Rep. 809, to show that a conveyance was in fraud of creditors. They are, as given in that case:
1. generality, as when everything is transferred without exception.
2. continuance of grantor in possession.
3. secrecy.
4. transfer pending an action.
5. beneficial usage by grantor.
6. unnecessary assertion of good faith and honesty.
The term has been applied to other facts which would normally cause a suspicion that the conveyance was intended to deprive creditors of an opportunity of enforcing their claims.
Twyne's case was a prosecution under the statute 13 Eliz. c. 5 (1570) for "making and publishing a fraudulent gift of goods." See Fraudulent conveyance. The Uniform Fraudulent Conveyance Act sets forth acts constituting fraudulent transfers of property.
BAGGAGE. Articles which a passenger carries with him on any trip by a public method of conveyance. Baggage consists both of the articles of which the passenger retains direct control and those which he entrusts to the carrier to be transported on the same trip in a baggage car.
It is customary for common carriers to limit their liability for loss of baggage to a fixed amount, unless additional insurance is paid.
In Englaand, the word used instead of "baggage" is "luggage."
BAIL. 1. The guaranty that a person arrested on a criminal charge will appear for trial or examination when duly required, if he is temporarily released. The guaranty may take the form of an undertaking of a personal surety that ho will either produce the accused or forfeit a fixed sum of money. Or it may in many jurisdictions take the form of a deposit of money to be returned on the appearance of the bailed person.
The accused was assumed to be under the direct custody of the bailer who might arrest and surrender him if there was a danger of his failing to appear.
Bail was not permitted at common law in the case of felonies since all felonies were originally capital. It is still generally
denied in cases of capital crimes, like murder or treason. The right in other cases to be admitted to bail is a fundamental civil right that is a part of due process of law, guaranteed by the Fifth and Fourteenth Amendments to the Constitution. Thc Eighth Amendment forbids "excessive" bail to he required.
The right to bail is lost if there is reasonable ground to believe that the accused intends to abscond. The forfeiture of bail does not discharge the accused who by non-appearance becomes a fugitive from justice and may be rearrested. P. v. Snow, 340 III. 464, 173 N.E. 8. 72 A.L.R. 798; Ex parte Wayboume, 110 Tex. Cr. R. 369.
2. The surety himself. This was the original sense of the term ball. In ancient law, if the accused absconded, the bail might suffer in his place, since he was in effect a hostage.
3. The term is often applied to the bail-bond itself or the penalty in the bond.
4. In Admiralty bail may be offered to release a libelled or arrested ship or other res until the action is tried. The term is also used for the personal security that Is offered as a permanent substitute for the res libelled.
5. In civil proceedings, the use of bail or bail-bond is rare in the United States. It is somewhat commoner in England, where, after the abolition of arrest on mesne process in 1869, civil arrest, in writs of ne exeat and in other cases where proof is made that the defendant is likely to leave the jurisdiction, fs permitted. In that case the arrested defendant will be permitted to furnish bail.
Civil arrest in the United States is still permitted in certain actions, but is strictly limited by statute. The defendant is required to give a bond to the jail liberties, but it is not commonly called bail.
P. v. Johnson, 230 N.Y. 256; P. v. Holder. S3 Cal. App. 45; Hubbell v. Hig-Kins, 148 la. 36.
BAILABLE. An offense which admits of the uw of bail is bailable.
BAIL BOND. A bond issued on behalf of a person who has been arrested in connection with a civil suit.
BAILEE. The person to whom property is transferred in a bailment.
BAILIFF. A title derived through the French from the Late Latin "baUivus." which is itself derived from the classical Latin "baiulus," "a porter." The term had in medieval times come to designate

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most constituting a feudal code, amending and re-affirming Magna Carta; (b) Westminster II, in 1285. This was also called the Statute De Donis or De Donis Conditionalibus, which created entails. The statute also provided for a large number of administrative matters, including the extension of the writ system; (c) Westminster III, in 1290, more commonly known as the Statute Quia Emptores which forbade subinfeudation.
2. An Act of Parliament of 1931, conferring equality of status on the self-governing dominions with Great Britain. It repeals the requirement that a Dominion statute must not be in conflict with an Act of Parliament; requires ratification by the Dominions of accession to the throne; abolishes appeals as of right from the Dominion courts to the Privy Council and declares that no Act of Parliament shall apply to a Dominion unless the Dominion requests the Act.
WEST-SAXON LAGA; WEST-SAXON LAW. One of the three bodies of customary law existing in England at the time of the Conquest and continued till the thirteenth century. It covered the southern and western counties. The two other systems were those of the Danelaw and of the Mercians.
WHALE. One of the royal "fishes." The head belonged to the King, and the tail (for its whalebone) went to the Queen. 1 Black. Comm. 222.
WHARF. A place along which vessels lie and on which their cargo is deposited.
WHARFAGE. The dues paid for landing goods upon a wharf or taking them from a wharf.
WHARFINGER. The owner or lessee of a wharf who receives and stores goods which are to be placed upon a wharf or taken from a wharf, preparatory to further shipment. His legal relation is that of a bailee for hire, and as the business is one affected with a public interest, it is subject to regulation.
WHEREAS. An introductory word preceding a recital of facts. In pleadings, it may not be used to make positive allegations of fact.
WHEREBY. By which; or, and by which.
WHEREUPON. Following upon which. Introduces action done subsequently to a prior action or event.
WHIPPING. Formerly, a common method of punishment for minor offenses in England and the colonies. It has been abolished in all the states of the United States,
except Delaware land Maryland] but is still used in England. Whipping as a punishment is to be distinguished from the use of this method as a means of prison discipline, or as a legitimate method of discipline of children. Whipping, as a means of discipline in the army and navy, was formerly quite prevalent, but has now been abandoned in civilized countries. In the United States flogging as punishment in the armed forces and merchant marine is forbidden by law.
WHIPPING POST. A post or stake to which a person is bound to receive a whipping as punishment for an offense.
WHITEACRE. 'Used to distinguish one parcel of land from another, especially in moot cases. The other parcel may be referred to as "blackacre."
WHITE PERSON. Used in statutes and generally in the law to describe a member of the so-called "Caucasian" race, one of the five divisions of mankind (Caucasians, Mongolians, Indians [American], Malays and Negroes), according to the classification of the German anthropologist, Blumenbach, whose book was published in 1781. Although this classification is now generally abandoned by anthropologists, a white person, so far as the law is concerned, may be said to be one who would have been called a "Caucasian" in the Blumenbach classification. Popular usage rather than any scientific test is in this instance determinative for the law.
In popular speech "white person," accordingly, includes people of European descent, including some who, like the Hungarians, Finns, Esthonians and Turks, speak a non Indo-European language; and many people of the Near East, including Asiatic Greeks, Turks, Armenians, Georgians, Circassians, Jews, Arabs and Persians. It is probable that Egyptians, Moors and Berbers of North Africa would be included. Other Asiatics, Africans, Malayans, and Polynesians would not be, and equally excluded are the American Indians or the American Negroes. How much of an admixture of "non-white" blood would be sufficient to exclude a person from the group of "white" persons is differently determined in different jurisdictions. WHITE-RENTS. Rents reserved in a freehold tenancy in the form of silver money. Called also "reditus albi," or "blanchfarms."
WHITE SLAVERY. The procurement and
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transportation of women for unmoral purposes and enforced prostitution. It is forbidden and punishable under the so-called "Mann Act," or the White Slave Traffic Act of 1910, which makes such interstate transportation a crime. The United Nations (and formerly the League of Nations) has formed a group of experts to investigate such traffic and to coordinate international agreements for its suppression.
WHOLE BLOOD. The relationship of brothers and sisters who have the same father and mother.
WIDOW. A woman whose husband is dead, so long as she remains unmarried.
WIDOW BENCH. In English law, an allowance formerly made to a widow from her husbands' estate, over and above her jointure.
WIDOW'S CHAMBER. By the custom of London, the furniture and apparel of the bed-chamber to which a widow was formerly entitled.
WIFE. A woman who is married and whose husband is alive; a female spouse.
WIFE'S EQUITY TO A SETTLEMENT. A wife's right to have an allowance made to her, out of the property which, on the marriage, went to her husband by the common law rules. This allowance was made to provide support for the wife and her claim was enforceable in a court of equity. Today, however, the wife's right to her separate estate is generally recognized. Clarke v. McCreary, 20 Miss. 347.
WILD ANIMALS. See Ferae naturae.
WILFUL. In tort and criminal actions, the same as "intentional." In negligence, wilful means either deliberate intention not to use the requisite care, or reckless indifference to the duty of using care. See Wanton; Reckless.
WILL. Directions about the disposal of property, to take effect after death. Wills must be made in writing, except in the rare cases of nuncupative wills and, in some cases, of military wills. The law frequently restricts the form the will must take and often limits the property which may be disposed of by will. Capacity to make a will is more limited than that of making a contract. Minors, as a rule, may make no will at all, although they have a limited power to make contracts, and the rules of invalidity by reason of incompetence, fraud and undue influence, are broader than similar rules applied to contracts. The full expression is "last will and testament" of which "will" or "tes-
lament" is a convenient abbreviation. See Republication.
WILLS, STATUTE OF. A statute passed in 1540 under Henry VIII under which, for the first time, a will could be made of landed property. Formerly only personalty could pass by will, and succession to land was based solely on descent or kinship. However, fees-tail could not be devised until passage of the Law of Property Act in 1925.
WINCHESTER, STATUTE OF. A statute of 1285 (13 Edward I) concerned with maintenance of the peace and organizing local militia as police. It was repealed in 1827.
WIND-FALL. 1. Branches and fruit of trees blown down by the wind. They belong to the owner of the timber no matter where the branches fall.
2. An unexpected legacy or other piece of good fortune,
WIND UP. To bring to a close the affairs of a business by liquidating its assets and distributing them to the creditors and others entitled thereto.
WIRE TAPPING. The unauthorized interception of telephone communications. In some states it is a crime.
WISBY, LAWS OF. See Maritime law.
WITHDRAW. To retire from; to take away or remove. To withdraw a juror is the means adopted by a court to effect a mistrial.
WITHDRAWING A JUROR. Formally requiring one of an impanelled jury to leave the box. A method of declaring a mistrial. This ends the trial, and in civil actions is equivalent to a discontinuance. In England, a new action must be begun if the cause is to be prosecuted to judgment. In the United States, the case may be continued with a new jury. Wabash R. Co. v. McCormick. 23 Ind. App. 258, 55 N. E. 251. Withdrawing a juror may be on consent of both parties. In some jurisdictions, it lies within the discretion of the judge, either on motion of one party or of his own accord. In criminal cases, if a juror is withdrawn without the consent of the accused, he cannot again be tried.
WITHERNAM. In old English law, a writ instructing the sheriff to take back goods replevied and return them to the defendant if the latter has been successful in the replevy action. Also called writ of reprisal. The word is derived from the Anglo-Saxon "wither," "against," and "nam," a "taking."
WITHOUT. Outside of, as in the expres-Original (torn

With oaf Day

sion "without the jurisdiction."
WITHOUT DAY. Finally; used of adjournments of legislative bodies, and final disposition of litigation. It is the translation of "sine die."
WITHOUT IMPEACHMENT OF WASTE. Words in a grant which relieve a tenant from liability for the commission of waste, unless it be committed maliciously.
WITHOUT PREJUDICE. An expression indicating that an existing agreement or other transaction is not to be considered a waiver or surrender of any other claim not then asserted.
WITHOUT RECOURSE. An Indorsement which is qualified. It serves to transfer title to the instrument without incurring responsibility as an indorser.
WITHOUT RESERVE. A phrase used in public auctions, to indicate that there is no minimum bid below which no bids will be accepted. See Auction.
WITH STRONG HAND. A phrase formerly absolutely required in pleading in an action for forcible entry.
WITNESS. 1. A person called in a judicial or similar proceeding to give testimony under oath. He may appear voluntarily or be required to appear by subpoena. A failure to obey a subpoena is contempt of court and in the case of a legislative subpoena, contempt of Congress or the Legislature. The latter, like contempt of court, is often made an independent misdemeanor by statute. See Recusatio testis.
2. A person who is present at some transaction and signs the document evidencing it. In most jurisdictions, a certain number of witnesses are necessary for a valid will, or a valid ceremonial marriage. Witnesses to signatures to deeds and similar papers are generally not legally necessary, but are helpful in proving the signature, if its genuineness is attacked.
3. As part of a phrase at the end of writs or private documents: i. e., "Witness Myself [viz. the King or Chancellorl;" or "Witness my hand and seal."
4. To act as a witness, 1 and 2. WOLF'S HEAD. The translation of the
Latin phrase "caput lupinum," equivalent to "outlaw."
WOOLSACK. A sack of wool, placed upon the chair in which the Lord Chancellor of England sits. It is therefore used figuratively as the equivalent of the office of the Chancellor.
WORDS, ACTION FOR. An action of
slander, as distinct from libel.
WORDS OF ART. Words which are given a special or technical meaning. Lappin v. Nat. Container Corp., 37 N. Y. S. (2) 800, 179 Misc. 109.
WORDS OF LIMITATION. Words used in a grant which define the character of the interest granted, e.g., "heirs of the body," "heirs at law." Words of purchase are words in a grant, which give the estate directly to the persons and do not limit or define the extent of the interest. Wil-coxen v. Owen, 237 Ala. 169, 185 So. 897.
WORDS OF PURCHASE. See Words of Limitation.
WORK AND LABOR. An allegation in an action of assumpsit on the common counts, demanding compensation for work and labor done and materials furnished when these services were not performed on a special contract.
WORKHOUSE. In England, a place where able-bodied destitute persons are kept at public expense and required to do labor. It was originally a prison or house of correction for minor offenders.
WORKMEN'S COMPENSATION ACT. A statute fixing the amount of compensation that workmen may claim acocrding to a definite schedule for any injuries arising out of employment, except those caused by the wilful conduct of the workman himself. Such Acts have been passed in Great Britain, in nearly all the states and by the United States Federal government, and had been in force even earlier on the Continent of Europe.
WORKMEN'S COMPENSATION INSURANCE. Insurance which employers are required to take out to insure the payment of claims tinder workmen's compensation acts. This may be done through private insurance companies or through a fund established by the State itself.
WOUND. 1. To inflict an injury by breaking the skin. Thc injury so inflicted. 2. To injure a person's feelings or reputation.
WRECK. 1. A ship which has sustained such damage that it can not be navigated, or can only be repaired at a cost of more than one-half the value of the vessel.
2. A portion of a wrecked vessel or of its cargo. See Flotsam, Jetsam; Ligan.
3. At common law in England a wreck was the property of the Crown. In modern law, the owner of the wreck may retain it on payment of salvage. Federal law makes it a felony to steal from a
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wreck, and to use misleading lights to cause a wreck. WRIT. 1. An order formerly issued by the King or in the King's name as the sovereign of the state, and now often by a court, directing a public officer, generally the sheriff, marshall or coroner, or a private person to do a specific act, generally to appear in court or report to the court or bring property into court. The term is the translation of the Late Latin "breve," a "letter," since it had the form of a short letter [German "brief']. The English word "brief" is used interchangeably with writ in older texts. See Register of writs.
2. The system of writs was the foundation of procedure in the royal courts, and the common law grew out of the rules made for the issuance and carrying out of these writs. Both common law and equity writs were issued from the Chancery. Under the English Judicature Act (1873) the old common law writs were abolished, and the summons or writ of summons is used to institute legal proceedings. In the United States, also, such writs are obsolete, except that the writ of error coram nobis in criminal actions still is used to correct a judgment in the court where rendered. See Common law pleading; Pleadings.
WRITER TO THE SIGNET. An officer in Scotland who performs many of the functions of the English attorney or solicitor, but has a closer connection with the court itself than these officers have in England.
WRITER TO THE TALLIES. Formerly an officer of the Exchequer whose duty it was to check the tallies filed with the
Exchequer. See Tally. WRIT IN AID. A writ issued after a writ
of execution has failed. WRIT OF AMOVEAS MANUS. An ancient
writ to recover land which had been
improperly forfeited to the crown. Sec
Monstrans de droit. WRIT OF DOWER. A common law writ
(unde nihil habct) by which a widow
could compel a tenant to assign her
WRIT OF ENTRY. At old common law, a real property possessory action to recover possession of the property, of which the demandant was wrongfully deprived.
WRIT OF ERROR. At common law, a writ used to review the judgment of an inferior court, directing that the record be sent up for review as to error of law.
WRIT OF ERROR CORAM NOBIS. A common law writ to correct errors of fact, especially in criminal proceedings. See Coram nobis.
WRIT OF RIGHT. An ancient real property writ used to recover real property which had been withheld for a period of less than sixty years. It was called by Blackstone "the highest writ in the law." By it property as well as possession was recovered and the action was brought in the king's court. A "little writ of right" was brought according to manorial custom to try in the lord's court the right of tenants in ancient demesne.
WRONG. A legal injury or violation of a legal right; a tort. Public wrongs are violations of rights possessed by the public as a whole; private wrongs are the violations of rights pertaining to individuals in their capacity as such.
X. A character used in such phrases as "9 x 12," and which has the meaning of "by." See, also, Signature.
X-RAY PHOTOGRAPHS. Photographs of the interior of the body taken by means of x-rays, to determine the presence of foreign bodies in the body or the existence of defects in the bone structure.
They may be introduced in evidence, upon proof of their accuracy.
X-RAYS. Also known as Roentgen rays, after their discoverer. They are used to determine the existence of foreign bodies in or deformations of the body. They are also used in therapeutic treatments of certain diseases. See X-ray photographs.

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YEAR. The word "year" ordinarily means "calendar year," unless the context indicates otherwise, as where a statute refers to the "fiscal year."
YEAR AND A DAY. A period of limitation in medieval law which continued into recent times, which created prescriptive rights in status or in property. Maitland, F., Possession for a Year and a Day, 5 Law Quart. Rev. 253.
YEAR-BOOKS. English reports of cases, written in provincial French, from 1292 to 1534. They were abridged by Fitzher-bert (1516) and Brooke (1568). 2 Holds-worth, Hist. Eng. Law, 444-462.
YEAR, DAY AND WASTE. The ancient right of the English crown to take the profits of lands, owned by a person attainted, for a year and a day, and to commit waste thereon.
YEAR TO YEAR, TENANT FROM. See Tenancy from year to year.
YELLOW DOG CONTRACT. A contract between employee and employer in which the former agrees not to become a member of a labor union. Denver Local, etc.,
v. Perry Truck Lines, 106 Col. 25, 101 P. (2) 436.
YEOMAN. 1. At the older common law, the technical designation of a man that had free land, i.e., not held in villein services,—of forty shillings or more. That made him a "probus et legalis homo" (Lat., "an honest and lawful man"), and qualified him to vote in the shire and sit on juries.
2. At the present time, a designation of a farmer or agricultural laborer.
YIELD. 1. Proceeds or return from investment. 2. To resign or surrender, as to yield up possession of an estate.
YIELDING AND PAYING. Words used in a lease which create the covenant or agreement to pay the rent.
YORK-ANTWERP RULES. In the law of average, certain rules agreed upon at international conferences held at York (1864) and Antwerp (1877) to obtain international uniformity with regard to the losses to be allowed in general average and other related matters. They were revised in 1890 and 1924 and are widely used.
ZEALOUS. Animated by zeal or enthusiasm. A zealous witness is one who is extremely anxious that the party calling him shall prevail.
ZONE. An area restricted by municipal regulations to certain purposes, e.g., residential, industrial, or commercial. See Zoning laws.
ZONING LAWS. Restrictions imposed by municipal ordinance or other legislation upon the nature of the activities which are permissible in certain areas of the municipality, e.g., industrial, residential or commercial. Seligman v. Belknap, 288 Ky. 133, 155 S. W. (2) 735.