Lapas attēli
PDF
ePub

Possy-COMITATUS. This means the power of the county. A sherifi

or other peace officer has a right to call every male person in the county to his aid, for the purpose of preserving the public peace, excepting only

those too infirin of body or mind to assist. Post. After. An instrument is post-dated if it has a date subsequent to

that at which it is actually made. Post-MARKS. Are received in law as evidence of the fact and the time of

a letter passing through the post-office. POUND. The place which is inclosed by public authority, where stray anı.

mals may be placed, until reclaimed according to law. PRECEPT. In law, means a writ directed to some officer, commanding

him to do something. PREMIUM In the law of insurance, is the consideration paid or promised,

for the insurance. PRESUMPTION. An inference of the law from certain facts, of some other

fact or proposition. PRIMA FACIE. Literally, at the first appearance. Prima facie evidence

is that which is sufficient to establish a fact, anless it be rebutted

or contradicted. PRIMOGENITURE. The right of primogeniture gives an estate to the eldest

son in preference to the other children. It does not exist in the United

States. PRINCIPAL. See chapter on AGENCY. PRIVATEER. A vessel owned by private individuals, and armed by them,

but authorized by a belligerent government to carry on maritime war

against the enemy. PRIZE. A vessel or goods of an enemy taken and detained at sea, by the

authority of a belligerent power, to be seut into some convenient port

for adjudication. Process. The method which the law uses to compel compliance with the

commands of a court. In patent law this word signifies the art or

the method by which a result that is patented is produced. Proctor. In courts of admiralty, what an attorney or solicitor is in other Q.

courts. Promissory NOTE. See chapter on NOTE8 AND Bills. PROSECUTIONS. The means and method of bringing a supposed criminal

to justice by courts of law. Protest. The act of a notary public, made on the dishonor of negotia

ble paper, by which it is declared that all parties to tho paper will be held responsible to the holder for all damages. Also, in maritime law, a statement by the master of a vessel, duly attested by a competert person, in which the circumstances of a voyage or an accident by

which the ship has sustained injury, are fully described. PROXY. A person representing another with the right of voting. It is

also used as the name of the instrument by which a person is so

appointed and authorized. Potative. Reputed or supposed to be. The word ie most com

mmonly upplied to the father of an illegitimate child.

Quase. To overthrow, dismiss, or annal legal procoodingi.
Quo WARRANTO. The writ or process by which the government inquirer

by what right or warrant a person or corporation holds an office or a right, for the purpose of dispossessing him of it, if not in lawful pos

session. QUORUM. The number of persons belonging to an assembly, society,

or other body who must be present that the business may be lawfnlly transacted.

R.

RATIFICATION. Giving force to a contract made by the person in ques

tion but not now in force, or by another man as his agent. REAL PROPERTY. Land and whatever is built upon or growing upon the

same, whether it be on or beneath the surface or above the surface. RECEIVER. . Usually means a person appointed by a court to take and

hold property in dispute, or the property of a bankrupt. RECOGNIZANCE. An obligation of record which a person enters into

before a court or officer having authority to receive it, with a condition which requires him to do some specified act; usually, to appear in court

at a certain time or on a certain event. RECOUPMENT. A law term, recently introduced into practice, and mean

ing much the same as a set-off against or a reduction from the claim

of a plaintiff. REFERENCE See chapter on ARBITRATION. REMAINDER. When a grant or will creates a particular estate in ono

person, which will cease on a certain event, and then gives the estate over to another, this latter part of the estate is called the remainder. It may be contingent, when the event may never take place; or vested, when the remainder-man acquires an immediate interest in the estato,

although it is to be enjoyed only when the event happens. RENT. See chapter on LEASE. REPLevin. That form of action by which a plaintiff seeks to recover the

possession of personal chattels which have been taken from him unlaw

fully. REPRIEVE. The withdrawing of a sentence of a criminal, which delays

execution for a certain time. RESCISSION. The annulling or dissolution of contracts by mutual consent,

or by one party because of the breach of the contract by the other. RESCUE. A forcible deliverance of a prisoner from the custody of the law

by a third person. RESIDUARY CLAUSE. That part of the will by which all of the property

is disposed of which remains after satisfying devises and bequests. Residuary legacy is the remainder of the property after specifio be quests or legacies.

[ocr errors]

RESPONDENT. In equity law, the person who answers to a bill or com.

plaint. RETAINER. Usually means the fee by which a client engages an attorney.

at-law to do certain business for him. REVOLT. The endeavor of one or more of the crew of a vessel to over

throw the legitimate authority of those in command. Right. Means, in law, a claim which is founded upon law and fact. Bior. A disturbance of the peace, by three or more persons conspiring

to raise a tumult, or do some wrong thing, in a violent and turbulent

manner.

RIPARIAN PROPRIETORS. Those who own the land upon the shore or

boundary of the sea, or a lake or a watercourse. Generally a riparian proprietor owns the bed of the river adjoining his land, as far as the

thread or central line of the stream. BOBBERY. The forcible and wrongful taking from tho porson of another

of goods or money, and putting him in fear. Threats may be violenco enough to make the offence robbery.

[ocr errors]

a

BALE. See chapter on SALES OF PERSONAL PROPERTY.
SALVAGE. Property saved from a peril of the sea; or compensation given

by an admiralty court for service rendered in saving it. SCROLL. In law, is a mark used in the place of a seal; sometimes spelled

scrall. SEAL. An impression upon any impressible substance ; or a piece of paper

pasted on with intent to make a seal of it. SEARCH-WARRANT. This is addressed to an officer, and requires him to

search a house or place therein specified, for property alleged to have

been stolen. SEAWORTHINE88. The fitness of a vessel in all respects of materials,

equipment, and construction, for the service in which it is employed. SEDITION. Means, in criminal law, the raising of disturbances or commo

tions in the State. SEISIN. Possession of land by one who claims a freehold interest therein. SERVIENT. In the law of easements, if a certain estate has a right over

or against another estate, as a right of drainage through it, the estate to which the right is attached is dominant, and the estate against which

the right operates is servient. SET-OFF. A demand by a defendant, against a plaintiff, by which he

seeks to reduce or destroy his claim. BIGN or SIGNATURE. The writing of a man's namo, as a sign or token

that he assents to the instrument, or that it is his. SLANDER. Unpublished and untruthful words injurious to another. SOLICITOR. Means, in chancery courts, what an attorney does in other

courts. SPECIALTY. A writing sealed and delivered, wherein an agreement or

obligation is stated.

SPECIFIC PERFORMANCE. The fulfilment or performance of a contract

hy the party bound to perform it. This a court of equity will compel,

if sufficient reasons be shown. SreCIFICATION. In patent law, a specific and detailed account of the

invention to be patented. STATUTE. A law enacted by a legislative power. STOPPAGE IN TRANSITU. See chapter on Sales. SUBORXATION OF PERJURY. The inducing or procuring a person to com

mit legal perjury. SUBPEEXA. A writ or process summoning a person to appear and give

testimony, or to submit himself to what the court may order. SUFFRAGE. The act of voting; the vote itself. Suit. Synonymous with action at law. Sunday. The first day of the week. The legal name of this day is the

Lord's day. Generally it begins at twelve o'clock on the night between Saturday and Sunday, and continues twenty-four hours. In some of the New England States it begins at sunsetting on Saturday, and ende

at sunsetting on Sunday. SURETY. See chapter on GUARANTY. SURROGATE. A term used in some States to denote the officer in othai

States called judge of probate or ordinary.

[ocr errors]

T.

[ocr errors]

Tenant. See chapter on LEABER.
TENDER. A legal tender is that which the law of a State makes compa

tent to be paid as money, and with the effect of money. TENURE. The manner in which or by which a man holds an estate ir.

lands. TESTAMENT. Another name for a will. The testator is one who has

made a will. TITLE-DEEDS. Deeds which are evidences of the title of him who owns an

estate. Tort. A private wrong or injury other than the breach of a contract. TRADE-MARKS. A mark which a tradesman puts upon goods that he has

manufactured, by way of symbol, emblem, or sign that they were made by him or for him, and that he claims an exclusive right to sell them.

See chapter on TRADE-MARK8. TRESPASS. Any wrongful act of one person whereby another person 18

injured. Trust. Is, in law, a right or a property which one person holds for tho

benefit of another. The person holding it is called the trustee, and ho for whose benefit it is held is called the cestui que trust, or, better,

the beneficiary. TRUSTEE PROCESS. A process by which goods or credits of a debtor in

the hands of a third person may be reached by an attaching creditor; it is similar to the garnishee process. See chapter on RECOVERY DEBTS.

[ocr errors]

U.

CBURY. See chapter on INTEREST AND USURY.

V.

VAGABOND, or VAGRANT. One who wanders about idly, and with no

home, and begs, and will not work. Verdict. The unanimous decision made by a jury and announood to

the court. VOUCHER. The written evidences of the truth of entries or charges.

W.

NAIVER. The abandonment of a right, or a refusal to accept the
Ward. See chapter on GUARDIAN AND WARD.
WARRANTY. See chapter on Sales.
Way. A right of way is the privilege which some person, or a certain

description of persons, have of going over another man's land. ALL. See chapter on Wills. UITNESS. One who testifies in court under oath or affirmation to what

he knows. Also one who signs his name to an instrument, in evidence that it was executed in his presence; he is then called an attesting or

subscribing witness. WRECK. Commonly used as ineaning & vessel that is cast away. In

maritime law, it means the vessel or goods cast away on land by tho

sea, or found at low water, between high and low water mark. WRIT. A written precept issued by a competent court in the name of

the Siate, commanding the person or officer to whom it is addressed to do what is required therein. It is usually attested by a judge, and wount zsigned by the clerk of his court.

« iepriekšējāTurpināt »