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Bouvier's Law Dictionary

Counsellor At Law
Counsellor At Law. An Officer In The Supreme Court Of The United States, And In Some Other Courts, Who Is Retained By A Party In A Cause To Conduct The Same On Its Trial On His Behalf. He Differs From An Attorney At Law. In The Supreme Court Of The ...

Count
Count (fr. Comte; From The Latin Comes). An Earl. It Gave Way As A Distinct Title To The Saxon Earl, But Was Retained In Countess, Viscount, And As The Basis Of County. Terms De La Ley; 1 Bia. Coro. 398. See Comas. Pleading. • (fr. Conte, A Narrative). The Plaintiff's ...

Counter Claim
Counter-claim. A Liberal Practice In Troduced By The Reformed Codes Of Procedure In Many Of The United States, And Compre Hending Recoupment And Sur-off, Q. V., Though Broader Than Either. The New York Code Thus Defines It: The Counter-claim Must Tend, In Some Way, To Diminish Or Defeat The Plaintiff's ...

County
County. One Of The Civil Divisions Of A Country For Judicial And Political Purposes. 1 Bla. Corn. 113. Etymologically, It Denotes That Portion Of The Country Under The Im Mediate Government Of A Count. 1 Bla. Cora. 116. The States Are Generally Divided Into Coun Ties. Counties Are, In Many ...

County Courts
County Courts. A Number Of Differ Ent Local Courts Existed In England In Early Times, But Their Jurisdiction Was Gradually Absorbed By The Royal Courts Of Justice To Such An Extent That In The I8th Century Prac Tically All The Judicial Work Of The Country Was Done By The Common ...

Coupons
Coupons. Those Parts Of A Commercial Instrument Which Are To Be Cut, And Which Are Evidence Of Something Connected With The Contract Mentioned In The Instrument. They Are Generally Attached To Bonds Or Cer Tificates Of Loan, Where The Interest Is Paya Ble At Particialar Periods, And, When The In ...

Court
Court (fr. Tour, Dutch, Koert, A Yard). A Body In The Government To Which The Ad Ministration Of Justice Is Delegated. The Presence Of A Sufficient Number Of The Members Of Such A Body Regularly Con Vened In An Authorized Place At An Appoint Ed Time, Engaged In The Full ...

Court Baron
Court Baron. A Domestic Court, Inci Dent To Every Manor, Held By The Steward Within The Manor, For Redressing Misdemean Ors And Nuisances Therein, And For Settling Disputes Among The Tenants Relating To Prop Erty. It Is Not A Court Of Record. 1 Poll. & Matti. Hist. E. L. 580. ...

Court Martial
Court-martial. A Military Or Naval Tribunal, Which Has Jurisdiction Of Offences Against The Laws Of The Service, Military Or Naval, In Which The Offender' Is Engaged. Courts-martial Have Some Of The Functions Of The Court Of Chivalry, Which Title, See. They Exist And Have Their Jurisdiction By Virtue Of The ...

Court Of Convocation
Court Of Convocation. A Convoca Tion Or Ecclesiastical Synod, Which Is In The Nature Of An Ecclesiastical Parliament. There Is One For Each Province. They Are Com Posed Respectively Of The Archbishop, All The Bishops, Deans, And Archdeacons Of Their Province, With One Proctor, Or Representative, From Each Chapter, And, ...

Court Of Equity
Court Of Equity. A Court Which Ad Ministers Justice According To The Principles Of Equity. As To The Constitution And Jurisdiction Of Such Courts, See Court Of Chancery. Such Courts Are Not, Strictly Speaking, Courts Of Record Except When Made So By Statute; Yelv. 226; Evans V. Tatem, 9 S. ...

Court Of Inquiry
Court Of Inquiry. In English Law. A Court Sometimes Appointed By The Crown To Ascertain The Propriety Of Resorting To Ulterior Proceedings Against A Party Charged Before A Court-martial. See 2 Steph. Com. 590 ; 1 Coler. Bla. Com. 418, N.; 2 Brod. & B. 130. Also A Court For ...

Court Of Kings Bench
Court Of King's Bench. The . Su Preme Court Of Common Law In The Kingdom, Now Merged In The High Court Of Justice. See Courts Of England. It Was One Of The Successors Of The Curia Regis And Received Its Name, It Is Said, The King Formerly Sat In It ...

Court Of Pleas
Court Of Pleas. In Ameri Can Law. A Court Of Original And General Jurisdiction For The Trial Of Issues Of Fact And Law According To The Principles Of The Common Law. Courts Of This Name Exist In Some Of The States Of The United States, And Frequently Have A Criminal ...

Court Of Record
Court Of Record. A Judicial Organiz Ed Tribunal Having Attributes And Exercising Functions Independently Of The Person Of The Magistrate Designated Generally To Hold It, And Proceeding According To The Course Of The Common Law. Ex Parte Gledhill, 8 Metc. (mass.) 171, Per Shaw, C. J. A Court Where The ...

Court Of Star Chamber
Court Of Star Chamber. A Court Which Was Formerly Held By Members Of The King's Council, Together With Two Judges Of The Courts Of Common Law. The Name Star Chamber Is Of Uncertain Origin. It Has Been Thought To Be From The Saxon Stearan, To Govern, Alluding To The Jurisdiction ...

Court Of The Arches
Court Of The Arches. The Usual Name For The Court Of The "official Principal" Of The Archbishop Of Canterbury. It Was A Court Of Appeal From All The Diocesan Courts And Also A Court Of First Instance In All Ec Clesiastical Causes. The Most Ancient Consistory Court Belonging To The ...

Courts Of Assize And
Courts Of Assize And Nisi Prius. Courts Composed Of Two Or More Commis Sioners, Called Judges Of Assize (or Of Assize And Nisi Pries), Who Are Twice In Every Year Sent By Special Commission On Circuits All Round The Kingdom, To Try, By A Jury Of The Respective Counties, The ...

Courts Of England
Courts Of England. The Judicature Acts (in Force November 2, 1875) Created The Supreme Court Of Judicature. It Con Sists Of The High Court Of Justice And The Court Of Appeal, Both Of Which Are Superior Courts Of Record. In Itself It Performs No Judicial Function. To The High Court ...

Courts Of The Counties
Courts Of The Counties Palatine. In The County Palatine Of Durham There Was A Central Court Of Pleas, A Body Of Jus Tices Who Sat By Virtue Of Commissions Of As- I Size, Oyer And Terminer And Gaol Delivery. The Judges Were Often The Same Persons As Those Who Sat ...

Covenant Against Incumbrances
Covenant Against Incumbrances. Alternative Covenants Are Disjunctive Cove Nants. Aux=iliary Covenants Are Those Which Do Not Relate Directly To The Principal Matter Of Contract Between The Parties, But To Some Thing Connected With It. Those The Scope Of Whose Operations Is In Aid Or Support Of The Principal Covenant. If ...

Covenant For Quiet Enjoyment
Covenant For Quiet Enjoyment. An Assurance Against The Consequences Of A Defective Title, And Of Any Disturbances There Upon. Platt, Coy. 312 ; 11 East 641; Rawle, Coy. § 91. By It, When General In Its Terms, The Covenantor Stipulates At All Events; 1 Mod. 101; To Indemnify The Covenantee ...

Covenant Of Warranty
Covenant Of Warranty. An Assur Ance By The Grantor Of An Estate That The Grantee Shall Enjoy The Same Without Ruptibn By Virtue Of Paramount Title. Parker V. Dunn, 47 N. C. 203; Howard V. Doolittle, 3 Duer (n. Y.) 464 ; Rindskopf V. Trust Co., 58 Barb. (n. Y.) ...

Cr Oss B I L
Cr Oss-b I L L. One Which Is Brought By A Defendant In A Suit Against A Plaintiff In Or Against Other Defendants In The Same Suit, Or Against Both, Touching The Matters In Ques Tion In The Original Bill. Story, Eq. Pl. § 389; Mitf. Eq. Pl. 80. It ...

Creditors Bill
Creditors' Bill. A Bill In Equity, Filed By One Or More Creditors, For The Purpose Of Collecting Their Debts Out Of Assets, Or Under Circumstances As To Which An Execution At Law Would Not Be Available. It Is A Proceeding In Rem, To Make Effective A Judgment Against The Debtor's ...

Crim Con
Crim. Con. An Abbreviation For Crim Inal Conversation, Of Very Frequent Use, De Noting Adultery, Unlawful Sexual Intercourse With A Married Woman. Bull. N. P. 27; Ba Con, Abr. Marriage (e) 2 ; Nixon V. Brown, 4 Blackf. (ind.) 157; 3 Bla. Com. 139. The Term Is Used To Denote ...

Crime
Crime. An Act Committed Or Omitted In Violation Of A Public Law Forbidding Or Com Manding It. A Wrong Which The Government Notices As Injurious To The Public, And Punishes In What Is Called A Criminal Proceeding In Its Own Name. 1 Bish. Cr. Law § 43. See People V. ...

Crimes Electrocution Garroteguillo
Crimes; Electrocution ; Garrote.; Guillo Tine ; Handing. In Practice. Putting The Sentence Of The Law In Force. 3 Bla. Com. 412. The Act Of Carrying Into Effect The Final Judgment Or De Cree Of A Court. The Writ Which Directs And Authorizes The Officer To Carry Into Effect Such ...

Criminal Law
Criminal Law. That Branch Of Juris Prudence Which Treats Of Crimes And Offences. From The Very Nature Of The Social Com Pact On Which All Municipal Law Is Founded, And In Consequence Of Which Every Man, When He Enters Into Society, Gives Up Part Of His Natural Liberty, Result Those ...

Cross Examination
Cross-examination. The Examina Tion Of A Witness By The Party Opposed To The Party Who Called Him, And Who Examined, Or Was Entitled To Examine Him In Chief. The Purpose Of The Cross-examination Is To Test The Truthfulness, Intelligence, Memory, Bias Or Interest Of The Witness, And Any Question To ...

Crossed Checks
Crossed Checks. The Practice Of Crossing Checks Originated At The Clearing House, The• Clerks Of The Different Bankers Who Did Bust Ness There Having Been Accustomed To Write Across The Checks The Names Of Their Em Ployers, So As To Enable The Clearing House Clerks To Make Up Their Accounts. ...

Cruelty
Cruelty. As Between Husband And Wife. See Legal Cruelty. Cruelty Towards Weak And Helpless Persons Takes Place Where A Party Bound To Provide For And Protect Them Either Abuses Them By Whipping Them Unnecessarily, Or By Neglect Ing To Provide For Them Those Necessaries Which Their Helpless Condition Requires. Ex ...

Cruelty_2
Cruelty. He Was Liable For Her Torts ; Com. V. Munsey, 112 Mass. 287; 5 Car. & P. 484; Flesh V. Lindsay, 115 Mo. 1, 21 S. W. 907, 37 Am. St. Rep. 374 ; Baker V. Young, 44 Ill. 42, 92 Am. Dec. 149; Fowler V. Chichester; 26 Ohio ...

Cumulative Sentence
Cumulative Sentence. A Second Or Additional Judgment Given Against One Who Has Been Convicted, The Execution Or Effect Of Which Is To Commence After The First Has Ex Pired. Clifford V. Dryden, 31 Wash. 545, 72 Pao. 96. Thus, Where A Man Is Sentenced To An Imprison Ment For Six ...

Curfew
Curfew (french, Couvre, To Cover, And Feu, Fire). This Is Generally Supposed To Be An Institution Of William The Conqueror, Who Required, By Ringing Of The Bell At Eight O'clock In The Evening, That All Lights And Fires In Dwellings Should Then He Extinguish Ed. But The Custom Is Evidently ...

Curia Regis
Curia Regis (lat.). The King's Court. In English Law. A Court Established In England By William The Conqueror In His Own Hall. It Was The "great Universal" Court Of The King Dom; From The Dismemberment Of Which Are De Rived The Present Four Superior Courts In England, Viz.: The High ...

Curtesy
Curtesy. The Estate To Which By Com Mon Law A Man Is Entitled, On The Death Of His Wife, In The Lands Or Tenements Of Which She Was Seised In Possession In Fee Simple Or In Tail During Their Coverture, Provided They Have Had Lawful Issue Born Alive Which Might ...

Custom
Custom. Such A- Usage As By Common Consent And Uniform Practice Has Become The Law Of The Place, Or Of The Subject-matter, To Which It Relates. Custom Is A Law Established By Long Usage. Wilcox V. Wood, 9 Wend. (n. Y.) 349. See Pollock, 1st Bk. Of Jurispr. 263. It ...

Dam
Dam. A Construction Of Wood, Stone, Or Other Materials, Made Across A Stream Of Wa Ter For The Purpose Of Confining It ; A Mole. See People V. Gaige, 23 Mich. 93 ; Colwell V. Water Power Co., 19 N. J. Eq. 245. It Is An Instrument For Turning The ...

Damage
Damage. The Loss Caused By One Person To Another, Or To His Property, Either With The Design Of Injuring Him, Or With Negli Gence And Carelessness, Or By Inevitable Acci Dent. In England, In The Common Law Courts, It Was Held That Neither In Common Parlance Nor In Legal Phraseology ...

Damages
Damages. The Indemnity Recoverable By A Person Who Has Sustained An Injury, Either In His Person, Property, Or Relative Rights, Through The Act Or Default Of Another. The Sum Claimed As Such Indemnity By A Plaintiff In His, Declaration. The Injury Or Loss For Which Compensation Is Sought. Compensatory Damages. ...

Damnum Absque Iniuria
Damnum Absque Iniuria (lat. Injury Without Wrong). A Wrong Done To A Man For Which The Law Provides No Remedy. Broom. Max. 1. See Damages. Injuria Is Here To Be Taken In The Sense Of Legal Injury; And Where No Malice Exists, There Are Many Cases Of Wrong Or Suffering ...

Dangerous Weapon
Dangerous Weapon. One Dangerous To Life. Cosby V. Com., 115 Ky. 221, 72 S. W. 1089. One Likely To Produce Death. State V. Johns, 6 Pennewill (del.) 174, 65 Atl. 763; Or Great Bodily Injury ; People V. Fuqua, 58 Cal. 245. This Must Often Depend Upon The Manner Of ...

Date
Date. The Designation Or Indication In An Instrument Of Writing Of The Time And Place When And Where It Was Made. In The Anglo-saxon Land Charters Dates Were Given By The Year Of The Indiction (q. V.). Dating By The Year Of Our Lord Was Invented In 532. At A ...

Daughter In Law
Daughter-in-law. The Wife Of One's Son. Day. The Space Of Time Which Elapses While The Earth Makes A Complete Revolution On Its Axis. A ,portion Of Such Space Of Time Which, By Usage Or Law, Has Come To Be Considered As The Whole For Some Particular Purpose. The Space Of ...

Days Of Grace
Days Of Grace. Certain Days Allowed To The Acceptor Of A Bill Or The Maker Of A Note In Which To Make Payment, In Addition To The Time Contracted For By The Bill Or Note Itself. They Are So Called Because Formerly They Were Allowed As A Matter Of Favor ...

De Facto
De Facto. Actually; In Fact ; In Deed. A Term Used To Denote A Thing Actually Done. An Officer De Facto Is One Who Performs The Duties Of An Office With Apparent Right, And Under Claim And Color Of An, Appoint Meat, But Without Being Actually Qualified In Law So ...

De Injuria
De Injuria (lat. The Full Term 1§, De Injuria Sue Propria Absque Tali Cause, Of His Own Wrong Without Such Cause ; Or, Where Part Of The Plea Is Admitted, Absque Residuo Causce, Without The Rest 'of The Cause). In Pleading. The Replication By Which In An Action Of Tort ...

Dead Body
Dead Body. A Corpse. There Is No Right Of Property, In The Or Dinary Sense Of The Word, In A Dead Human Body; Co. Inst. 202; 4 Bla. Com. 235; Meagh Er V. Driscoll, 99 Mass. 281, 96 Am. Dec. 759; Pierce V. Proprietors Of Swan Point Cemetery, 10 R. ...

Deaf And Dumb
Deaf And Dumb. A Person Deaf And Dumb Is Doli Capax; But With Such Persons Who Have Not Been Educated, And Who Can Not Communicate Their Ideas In Writing, A Difficulty Sometimes Arises On The Trial. A Case Occurred Of A Woman Deaf And Dumb Who Was Charged With A ...

Death
Death. The Cessation Of Life. The Ceas Ing To Exist. Civil Death Is The State Of A Person Who, Though Possessing Natural Life, Has Lost All His Civil Rights, And As To Them, Is Considered As Dead. A Person Convicted And Attainted Of Felony And Sentenced To The State Prison ...

Debenture
Debenture (from Debentur Mihi. Lat., With Which Various Old Forms Of Acknowledg Ments Of Debt Commenced). A Certificate Giv En In Pursuance Of Law, By The Collector Of A Port Of Entry, For A Certain Sum Due By The United States, Payable At A Time Therein Men Tioned, To An ...

Decision
Decision. A Judgment Given By A Com Petent Tribunal. The French Lawyers Call The Opinions Which They Give On Questions Propounded To Them, Decisions. See Inst. 1. 2. 8; Dig. 1. 2. 2; Hanna V. Com'rs Of Put Nam County, 29 Ind. 170; Estey V. Sheckler, 36 Wis. 434 ; ...

Declaration
Declaration. In Pleading. A Specifi Cation, In A Methodical And Logical Form, Of The Circumstances Which Constitute The Plain Tiff's Cause Of Action. 1 Chit. Pl. 248; Co. Litt. 17 A, 303 A; Bacon, Abr. Pleas (b); Comyns, Dig. Pleader, C, 7; Lawes, Pl. 35; Steph. Pl. 36; Dixon V. ...

Decoy Letter
Decoy Letter. A Letter Prepared And Mailed On Purpose To Detect Offenders Against The Postal And Revenue Laws. U. S. V. Whit Tier, 5 Dill. 39, Fed. Cas. No. 16,688. The Use Of Decoy Letters By Inspectors Of Mails For The Purpose Of Ascertaining The Depredations Upon The Mails Is ...

Decree
Decree. The Judicial Decision Of A Liti Gated Cause By A Court Of Equity. It Is Also Applied To The Determination Of A Cause In Courts Of Admiralty And Probate. It Is Ac Curate To Use The Word Judgment As Applied To Courts Of Law And Decree To Courts Of ...

Dedication
Dedication. An Appropriation Of Land To Some Public Use, Made By The Owner, And Accepted For Such Use By Or On Behalf Of The Public. Barteau V. West, 23 Wis. 416 ; Trus Tees Of M. E. Church Of Hoboken V. City Of Hoboken, 33 N. J. L. 13, 97 ...