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Bouvier's Law Dictionary

Bondage
Bondage. A Term Which Has Not Ob Tained A Juridical Use Distinct From The Ver Nacular, In Which It Is Either Taken As A Synonym With Slavery, Or As Applicable To Any Kind Of Personal Servitude Which Is In Voluntary In Its Continuation. The Propriety Of Making It A Distinct ...

Bonded Warehouse
Bonded Warehouse. A Warehouse For The Storage Of Goods, Wares And Merchan Dise, Deposited Pursuant To Law, Held Under Bond For The Payment Of Duties Or Revenue Taxes. Under The Act Authorizing Persons To Keep A Warehouse For The Storage Of Dutiable Goods, It Was Held That No Person Has ...

Books Of Original Entry
Original Entry, Books Of. The First Entry Made By A Merchant, Tradesman, Or Other Person In His Account-books, Charg Ing Another With Merchandise, Materials, Work, Or Labor, Or Cash, On A Contract Made Between Them. Such An Entry, To Be Admissible As Evi Dence, Must Be Made In A Proper ...

Books Of Science
Books Of Science. Scientific Books, Even Of Received Authority, Are Not Admissi Ble In Evidence Before A Jury ; 5 C. & P. 73; Corn. V. Sturtivant, 117 Mass. 122, 19 Am. Rep. 401; Harris V. R. Co., 3 Bosw. (n. Y.) 18; 2 Carl. 617 ; 1 Greenl. Ev. ...

Boundary
Boundary. Any Separation, Natural Or Artificial, Which Marks The Confines Or Line Of Two Contiguous Estates. 3 Toullier,. N. 171. The Term Is Applied To Include The Objects Placed Or Existing At The Angles Of The Bounding, Lines, As Well As Those Which Extend Along The Lines Of Sepa Ration. ...

Boycott
Boycott. An Organized Effort To Ex Clude A Person From Business Relations With Others By Persuasion, Intimidation And Oth Er Acts Which Tend To Violence, And Thereby To Coerce Him, Through Fear Of Resulting In Jury, To Submit To Dictation In 'the Manage Ment Of His Affairs. Casey V. Typographical ...

Breach
Breach. In Contracts. The Violation Of An Obligation, Engagement, Or Duty. A Continwing Breach Is One Where The Con Dition Of Things Constituting A Breach Con Tinues During A Period Of Time, Or Where The Acts Constituting A Breach Ate Repeated At Brief Intervals ; F. Moore 242 ; Holt ...

Breach Of Trust
Breach Of Trust. The Wilful Misap Propriation, By A Trustee, Of A Thing Which Had Been Lawfully Delivered To Him In Confi Dence. The Distinction Between Larceny And A Breach Of Trust Is To Be Found Chiefly In The Terms Or Way In Which The Thing Was Taken Originally Into ...

Breaking
Breaking. Parting Or Dividing By Force And Violence A Solid Substance, Or Piercing, Penetrating, Or Bursting Through The Same. In Cases Of Burglary And Housebreaking, The Removal Of Any Part Of The House, Or Of The Fastenings Provided To Secure It, With Violence And A Felonious Intent. The Breaking Is ...

Breaking Bulk
Breaking Bulk. The Doctrine Of Breaking Bulk Proceeds Upon The Ground Of A Determination Of The Privity Of The Bail Ment By The Wrongful Act Of The Bailee. Thus, Where A Carrier Had Agreed To Carry Certain Bales Of Goods, Which Were Delivered To Him, To Southampton, But Carried Them ...

Brevia Formata
.brevia Formata (lat.). Certain Writs Of Approved And Established Form Which Were Granted Of Course In Actions To Which They Were Applicable, And Which Could Not Be Changed But By Consent Of The Great Coun Cil Of The Realm. Bracton 413 B. All Original Writs, Without Which An Action Could ...

Bribery
Bribery. The Receiving Or Offering Any Undue Reward By Or To Any Person Whom Soever, Whose Ordinary Profession Or Busi Ness Relates To The Administration Of Public Justice, In Order To Influence His Behavior In Office, And To Incline Him To Act Contrary To His Duty And The Known Rules ...

Bridge
Bridge. A Structure Erected Over A Riv Er, Creek, Stream, Ditch, Ravine, Or Other Place To Facilitate The Passage Thereof ; Including By The Term Both Arches And Abutments ; Board Of Chosen Freeholders Of Sussex County V. Strader, 18 N. J. L. 108, 35 Am. Dec. 530; Bardwell V. ...

Brief
Brief (lat. Brevis, L. Fr. Briefe, Short). In Ecclesiastical Law. A Papal Rescript Sealed With Wax. See Bum.. In Practice. A Writ. It Is Found In This Sense In The Ancient 'law Authors. An Abridged Statement Of The Party's Case. A Trial Brief Properly And Thoroughly Pre Pared Should Contain ...

Brokers
Brokers. Those Who Are Engaged For Others In The Negotiation Of Contracts Rela Tive To Property, With The Custody Of Which They Have No Concern. Paley, Agency 13. See Corn. Dig. Merchant, C. A Broker Is, For Some Purposes, Treated As The Agent Of Both Parties ; But, In The ...

Building Associations
Building Associations. Co-opera Tive Associations, Usually Incorporated, Estab Lished For The Purpose Of Accumulating And Loaning Money To Their Members Upon Real Estate Security. It Is Usual For The Members To Make Monthly Payments Upon Each Share Of Stock, And For Those Who Borrow Money From The Association To Make ...

Building Restriction
Building Restriction. When One Makes Deeds Of Different Portions Of A Tract Of Land, Each Containing The Same Restriction Upon The Lot Conveyed Which Is Imposed As A Part Of A General Plan For The Benefit Of The Several Lots, Such A Restriction Not Only Im Poses A Liability Upon ...

Burden Of Proof
Burden Of Proof. The Duty Of Prov Ing The Facts In Dispute On An Issue Raised Between The Parties In A Cause. See People V. Mccann, 16 N. Y. 66, 69 Am. Dec. 642; Ex Parte Walls, 64 Ind. 461; Wilder V. Cowles, 100 Mass. 487. Burden Of Proof Is ...

Burglary
Burglary. The Breaking And Entering The House Of Another In The Night-time, With Intent To Commit A Felony Therein, Whether The Felony Be Actually Committed Or Not. Co. 3d Inst. 63; 1 Hale, Pl. Cr. 549; 1 Hawk. Pl. Cr. C. 38, S. 1; 4 Bla. Com. 224; 2 Russ. ...

Buying Titles
Buying Titles. The Purchase Of The Rights Of A Desseisee To Lands Of Which A Third Person Has The Possession. When A Deed Is Made By One Who, Though Having A Legal Right To Land, Is At The Time Of The Conveyance Disseised, The Sale Is Void As A General ...

By Deed
By Deed. Such As Arises From The Provi Sions Of A Deed. It Is A General Rule That A Party To A Deed Is Estopped To Deny Any Thing Stated Therein Which Has Operated Upon The Other Party: As, The Inducement To Accept And Act Under Such Deed ; Stow ...

By Laws
By-laws. Rules And Ordinances Made By A Corporation For Its Own Government. See Drake V. R. Co., 7 Barb. (n. Y.) 539. The Office Of A By-law Is To Regulate The Con Duct And Define The Duties Of The Members Towards The Corporation And Among Them Selves; Flint V. Pierce, ...

Cabine T
Cabine T. Certain Officers Who, Taken Collectively, Form A Council Or Advisory Board ; As The Cabinet Of The President Of The United States, Which Is Composed Of The Secretary Of State, The Secretary Of The Treas Ury, The Secretary Of The Interior, The Secre Tary Of War, The Secretary ...

California
California. The Eighteenth State Ad Mitted To The Union. In 1534 A Portuguese Navigator In The Spanish Service Discovered The Gulf Of California And Pen Etrated Into The Mainland, But No Settlement Was Made Until About A Century, Afterwards, When The Franciscan Fathers Planted A Mission On The Site Of ...

Can On Law
Can On Law. A Body Of Ecclesiastical Law, Which Originated In The Church Of Rome, Relating To Matters Of Which That Church Has Or Claims Jurisdiction. A Canon Is A Rule Of Doctrine Or Of Discipline, And Is The Term Generaliy Applied To Designate The Or Dinances Of Councils And ...

Canada
Canada. The Name Given To A Confed Eration Of All The British Possessions In North America Except Newfoundland. The First Explorations Of This Country, Of Which Any Authentic Information Exists, Were By Jacques Cartier, Between The Years 1534 And 1554, Thus Giv Ing To France, The First Claim Upon Its ...

Canal
Canal. An Artificial Cut Or Trench In The Earth, For Conducting And Confining Wa Ter To Be Used Transportation. See Bish Op V. Seeley, 18 Conn. 394. Public Canals Originate Under Statutes And Charters Enacted To Authorize Their Construc Tion And To Protect And Regulate Their Use. They Are In ...

Cancellafiius
Cancellafiius (lat.). A Chancellor. In Ancient Law, A Janitor Or One Who Stood At The Door Of The Court And Was Accustomed To Carry Out The Commands Of The Judges; Afterwards A Secretary; A Scribe; A Notary. Du Cauge. In Early English Law, The Keeper Of The King's Seal. The ...

Cancellation
Cancellation. The Act. Of Crossing Out A Writing. The Manual Operation Of Tearing Or Destroying A Written Instrument; 1 Eq. Cas. Abr. 409. The Statute Of Frauds Provides That The Revocation Of A Will By Cancellation Must Be By The "testator Himself, Or In His Presence And By His Direction ...

Capias Ad Satisfaciendum
Capias Ad Satisfaciendum. A Writ Directed To The Sherlff Or Coroner, Command Ing Him To Take The Person Therein Named And Him Safely Keep So That He May Have His Body In Court On The Return Day Of The Writ, To Satisfy (ad Satisfaciendum) The Party Who Has Recovered Judgment ...

Capital Punishment
Capital Punishment. The Punish Ment Of Death. The Subject Of Capital Punishment Has Occupied The Attention Of Enlightened Men For A Long Time, Particularly Since The Middle Of The Last Century ; And None Deserves To Be More Carefully Investigated. The Right Of Punishing Its Members By Society Is Admitted ...

Caption
Caption (lat. Capere, To Take). A Tak Ing, Or Seizing ; An Arrest. The Word Is No Longer Used In This Sense. The Heading Of A Legal Instrument, In Which Is Shown When, Where, And By What Authority It Was Taken, Found, Or Executed. In The English Practice, When An ...

Caput
Caput (lat. Head). In Civil Law. Status; A Person's Civil Con Dition. According To The Roman Law, Three Elements Con Curred To Form The Status Or Caput Of The Citizen, Namely, Liberty, Libertas, Citizenship, Civitas, And Family, Familia. Libertas Est Naturalis Facultas Ejus Quod Cuique Facers Tibet, Nisi Si Quid ...

Carriers
Carriers. Upon A Total Failure To Deliver Goods, The Carrier Is Liable For The Value Of The Goods At Their Place Of Destination, With Interest From The Time They Should Have Been Delivered, Deducting The Freight ; Gillingham V. Dempsey, 12 S. & R. (pa.) 186 ; Bailey V. Shaw, ...

Case
Case. A Question Contested Before A Court Of Justice. An Action Or Suit At Law Or In Equity. Martin V. Hunter, 1 Wheat. (u. S.) 352, 4 L. Ed. 97. A. Case Arising Under A Treaty, Within U. S. Const. Art. 3, 2, Is A Suit In Which The ...

Case Stated
Case Stated. A Statement Of All The Facts Of A Case, With The Names Of The Wit Nesses, And A Detail Of The Documents Which Are To Support Them. A Brief. An Agreement In Writing, Betweeijt A Plain Tiff And Defendant, That The Facts In Dispute Between Them Are As ...

Case System
Case System. A Method Of Teaching Or Studying The Science Of The Law By A Study Of The Cages Historically, Or By The Inductive Method. It Was Introduced In The Law School Et Harvard University In 1869-70 By Christopher C. Langdell, Dane Professor Of Law. It Is Usually Based Upon ...

Cashier
Cashier. An Officer Of A Moneyed Insti Tution, Or Of A Private Person Or Firm, Who Is Entitled By His Office To Take Care Of The Cash Or Money Of Such Institution, Person, Or Firm. The Cashier Of A Bank Is Usually Intrusted With All The Funds Of The Bank, ...

Catching Bargain
Catching Bargain. An Agreement Made With An Heir Expectant For The Pur Chase Of His Expectancy At An Inadequate Price. In Such Cases The Heir Is, In General, En Titled To Relief In Equity, And May Have The Contract Rescinded Upon Terms Of Redemp Tion; 1 Vern. 167, 320, N.; ...

Causa Proxima Non Remota
Causa Proxima Non Remota Spec. Tatur (lat.). The Direct And Not The Re Mote Cause Is Considered. In Many Cases Important Questions Arise As To Which, In The Chain Of Acts Tending To The Production Of A Given State Of Things, Is To Be Considered The Responsihle Cause. It Is ...

Cause Of Action
Cause Of Action. In Practice. Mat Ter For Which An Action May Be Brought. A Cause Of Action Is Said To Accrue To Any Person When That Person First Comes To A Right To Bring An Action. Thera Is, However, An Obvious Distinction Between A Cause Of Action And A ...

Caveat
Caveat (lat. Let Him Beware). A Notice Not To Do An Act, Given To Some Officer, Min Isterial Or Judicial, .by A Party Having An In Terest In The Matter. It Is A Formal Caution Or Warning Not To Do The Act Mentioned, And Is Addressed Frequently To Pre Vent ...

Caveat Emptor
Caveat Emptor (lat. Let The Purchas Er Take Care). In Every Sale Of Real Proper Ty, A Purchaser's Right To Relief At Law Or In Equity On Account Of Defects Or Incumbrances In Or Upon The Property Sold Depends Solely Upon The Covenants For Title Which He Has Received; 2 ...

Cemetery
Cemetery. A Place Set Apart For The Burial Of The Dead. Cemeteries Are Regulated In England And Many Of The United States By Statute. After Ground Has Once Been Devoted To This Object It Can Be Applied To Secular Purposes Only With The Sanction Of The Legislature; L. R. 4 ...

Cense
Cense. The Creation Of The Agency, When Express, May Be Either By Deed, In Writing Not By Deed, Or By A Verbal Delegation Of Authority ; 2 Kent 612; 9 Ves. 250 ; Stackpole V. Arnold, 11 Mass. 27, 6 Am. Dec. 150; Ewing V. Tees, 1 Binn. (pa.) 450, ...

Cert Money
Cert Money. The Head-money Given By The Tenants Of Several Manors Yearly To The Lords, For The Purpose Of Keeping Up Certain Inferior Courts. Called In The Ancient Ords Certum Lets; (feet Money). Cowell. Contracts. Distinctness And Accuracy Of Statement. A Thing Is Certain When Its Essence, Quality, And Quantity ...

Certificate
Certificate. A Writing Made In Any Court, And Properly Authenticated, To Give Notice To Another Court Of Anything Done Therein. A Writing By Which Testimony Is Given That A Fact Has Or Has Not Taken Place. Certificates Are Either Required By Law, As An Insolvent's Certificate Of Discharge, An Alien's ...

Certiorari
Certiorari. A Writ Issued By A Superi Or To An Inferior Court Of Record, Or Other Tribunal Or Officer, Exercising A Judicial Func Tion, Requiring The Certification And Return To The Former Of Some Proceeding Then Pend Ing, Or The Record And Proceedings In Some Cause Already Terminated, In Cases ...

Challenge
Challenge. A Request By One Person To Another To Fight A Duel. No Particular Form Of Words Is Necessary To Constitute A Chal Lenge, And It May Be Oral Or Written; State V. Perkins, 6 Blackf. (ind.) 20; Ivey V. State, 12 Ala. 276; State V. Strickland, 2 Nott & ...

Champerty
Champerty (lat. Campum Parure, To Di Vide The Land). A Bargain With A Plaintiff Or Defendant In A Suit, For A Portion Of The Land Or Other Matter Sued For, In Case Of A Suc Cessful Termination Of The Suit Which The Champertor Undertakes To Carry On At His Own ...

Chancellor
Chancellor. An Officer Appointed To Preside Over A Court Of Chancery, Invested With Various Powers In The Several States. There Is A Chancellor For The State In Dela Ware, And Also, With Vice-chancellors, In New Jersey, And In Alabama, Mississippi, And Tennessee There Are District Chancellors Elect Ed By The ...

Chancellors Courts In The
Chancellors' Courts In The Two Universities. Courts Of Local Jurisdic Tion, Resembling Borough Courts, In And For The Two Universities Of Oxford And Cam Bridge In England. 3 Bla. Com. 83. These Are Courts Subsisting Under Ancient Charters Granted To These Universities And Confirmed By Act Of Parliament. If The ...

Chapter
Chapter. In Ecclesiastical Law. A Congregation Of Clergymen. Such An Assembly Is Termed Capitulum, Which Signifies A Little Head; It Being A Kind Of Head, Not Only To Govern The Diocese In The Vacation Of The Bishopric, But Also For Other Purposes. Coke, Litt. 103. The Possession By A Per ...

Charge
Charge. A Duty Or Obligation Imposed Upon Some Person. A Lien, Incumbrance, Or Claim Which Is To Be Satisfied Out Of The Specific Thing Or Proceeds Thereof To Which It Applies. To Impose Such An Obligation; To Create Such A Claim. To Accuse. The Distinctive Significance Of The Term Rests ...

Charities Charitable Uses
Charitable Uses, Charities. Gifts To General Public Uses, May Extend To The Rich As Well As The Poor. Camden, Ld. Ch. In Ambl. 651; Adopted By Kent, Ch., Coggeshall V. Pelton, 7 Johns. Ch. (n. Y.) 2,94, 11 Am. Dec. 471; Lyndhurst, Ld. Ch., In 1 Ph. Ch. 191; And ...