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Bouvier's Law Dictionary

Franking Privilege
Franking Privilege. The Privilege Of Sending Certain Matter Through The Pub Lic Mails Without Payment Therefor. It Was First Claimed By The House Of Com Mons In 1660, And Was Confirmed By Statute In 1764. On The Establishment Of The Penny Postage In 1840 It Was Abolished. See 1 Bla. ...

Fraud
Fraud. An Endeavor To Alter Rights, By Deception Touching Motives, Or By Circumven Tion Not Touching Motives. Bigelow, Fraud 5. Fraud Is Sometimes Used As A Term Syn Onymous With Covin, Collusion, And Deceit, But Improperly So. Covin Is A Secret Con Trivance Between Two Or More Persons To Defraud ...

Fraud Order
Fraud Order. A Name Given To Orders Issued By The Post-master General, Under R. S. §§ 3929, 4041, For Preventing The Use Of The Mails As An Agency For Conducting Schemes For Obtaining Money Or Property By Means Of False Or Fraudulent Pretences, Etc. They Are Not Restricted To Schemes ...

Fraudulent Conveyance
Fraudulent Conveyance. A Con Veyance, The Object, Tendency, Or Effect Of Which Is To Defraud Another, Or The Intent Of Which Is To Avoid Some Duty Or Debt Due By Or Incumbent On The Party Making It. 2 Kent 440; 4 Id. 462; And If Fraudulent As To Any Provision ...

Freedom
Freedom. The Condition Of One To Whom The Law Attributes The Single Individu Al Right Of Personal Liberty, Limited Only, In The Domestic Relations, By Powers Of Control Which Are Associated With Duties Of Protec Tion. See Apprentice ; Married Women ; Parent And Citild ; Guardian; Master And Servant. ...

Freight
Freight. In Maritime Law. The Sum Agreed On For The Hire Of A Ship, Entirely Or In Part, For The Carriage Of Goods From One Port To Another. 13 East 300. All Rewards Or Compensation Paid For The Use Of Ships. Giles V. The Cynthia, 1 Pet. Adm. 206, Fed. ...

French Codes
French Codes. The Chief French Codes Of The Present Day Are Five In Number, Some Times Known As Les Cinq Codes. They Were In Great Part The Work Of Napoleon, And The First In.•order Bears His Name. They Are All Frequently Printed In One Duodecimo Vol Ume. These Codes Do ...

French Spoliation Claims
French Spoliation Claims. On January 20, 1885 (23 Stat. L. 283), Congress Authorized All Citizens Of The United States Or Their Legal Representatives, To Present To The Court Of Claims Valid Claims Which They Had Against France For Spoliations Of Prop Erty On The High Seas Prior To 1801. These ...

Front
Front. Ordinarily, As Applied To A Lot Or Tract Of Land, That Part Of It Which Abuts On, Or Gives Access From, It To A Highway Whether Natural Or Artificial. But Some Times As In A Covenant To Keep Up Sidewalks, The Front Of A Corner Lot May Mean The ...

Fuer O
Fuer O. In Spanish Law. Compilations Or General Codes Of Law. The Usages And Customs Which, In The Course Of Time, Had Acquired The Force Of Un Written Law. Letters Of Privilege And Exemption From Payment Of Certain Taxes, Etc. Charters Granted To Cities Or Towns On Con Dition Of ...

Fugitive Slave
Fugitive Slave. One Who, Held In Bondage, Flees From His Master's Power. Prior To The Adoption Of The Constitution Of The United States, The Duty Of Surrendering Slaves Flee Ing Beyond The Jurisdiction Of The State Or Colony Where They Were Held To Service Was Not Regarded As A Perfect ...

Fugitive From Justice
Fugitive From Justice. One Who, Having Committed A Crime, Flees From The Ju Risdiction Within Which It Was Committed, To Escape Punishment. In The Absence Of Direct Evidence On The Question Of Flight, If It Appear From The In Dictment Or Affidavit Produced That The Crime Charged Is Atrocious In ...

Funding System
Funding System . The Practice Of Bor Rowing Money To Defray The Expenses Of Gov Ernment. In The Early History Of The System It Was Usual To Set Apart The Revenue From Some Particular Tax As A Fund To The Principal And Interest Of The Loan. The Earliest Record Of ...

Funeral Expenses
Funeral Expenses. Money Expended In Procuring The Interment Of A Corpse. The Person Who Orders The Funeral Is Re Sponsible Personally For The Expenses, And If The Estate Of The Deceased Should Be Insolvent, He Must Lose The Amount. But If There Are Assets Sufficient To Pay These, Expenses, The ...

Furniture
Furniture. Personal Chattels In The Use Of A Family. "the Word Relates, Ordinarily, To Movable Personal Chattels. It Is Very General, Both In Meaning And Application ; And Its Meaning Changes, So As To Take The Color Of, Or Be In Accord With, The Subject To Which It Is Ap ...

Future Acquired Property
Future Acquired Property. Mort Gages, Especially Of Railroad Companies Are Trequently Made In Terms To Cover After-ac Quired Property ; Such As Rolling Stock, Etc. Such Mortgages Are Valid ; Philadelphia, W. & B. R. Co. V. Woelpper, 64 Pa. 366, 3 Am. Rep. 596 ; Pierce V. Emery, 32 ...

Gager Gage
Gage, Gager (law Lat. Vadium). Per Sonal Property Placed By A Debtor In Posses Sion Of His Creditor As A' Security For The Pay Ment Of His Debt; A Pawii Or Pledge (q. V.). Granv. Lib. 10, C. 6; Britton C. 27. There Was Also A Gage Of Land, Which, ...

Gamble
Gamble. To Engage In Unlawful Play. To Play Games For Stakes Or Bet In Them. It Is The Most Apt Word In The Language To Ex Press These Ideas; Bennett V. State, 2 Yerg. (tenn.) 472. A Gambler Is One Who Follows Or Practices Games Of Chance Or Skill With ...

Game Laws
Game Laws. Laws Regulating The Kill Ing Or Taking Of Birds, And Beasts, As Game. The English Game Laws Are Founded On The Idea Of Restricting The Right Of Taking Game To Certain Privileged Classes, Generally Land Holders, And Are Said To Be Directly Descend Ed From The Old Forest ...

Gaming
Gaming. A Contract Between Two Or More Persons By Which They Agree To Play By Certain Rules At Cards, Dice, Or Other Con Trivance, And That One Shall Be The Loser And The Other The Winner. Gaming Is Not An Offence Eo Nom/ine; Harkey V. State (tex.) 25 S. W. ...

Garnishment
Garnishment. A Warning To Any One For His Appearance, In A Cause In Which He Is Not A Party, For The Information Of The Court And Explaining A Cause. Cowell. Now Generally Used Of The Process Of At Taching Money Or Goods Due A Defendant In The Hands Of A ...

Garth
Garth. In English Law. A Yard; A Homestead In The North Of England. Cowell. A Dam Or Wear. Id. Gas. An Aeriform Fluid, Used For Illumi Nating Purposes And For Fuel. From A Legal Point Of View It Is To Be Con Sidered With Respect To The Companies By Which ...

Gaseous
Gaseous. (carbon Monoxide, Chlorine). Irritant Poisons, When Taken In Ordinary Doses, Occasion Speedily Violent Vomiting And Purging, Preceded, Accompanied, Or Followed By Intense Pain In The Abdomen, Commencing In The Region Of The Stomach. The Irritant Effect Of Many Poisons Is A Like Feature, Ex Erted Upon Various Organs Of ...

Gavel Kind
Gavel Kind (gafoleund; Gaful-gecynd. Vinogradoff, Engl. Soc.). The Tenure By Which Almost All Lands In England Were Held Prior To The Conquest, And Which Is Still Pre Served In Kent. All The Sons Of A Tenant Of Gavelkind Lands Take Equally, Or Their Heirs Male And Female By Representation. The ...

General Average
General Average (also Called Gross) Con Sists Of Expense Purposely Incurred, Sacrifice Made, Or Damage Sustained, For The Common Safety Of The Vessel, Freight And Cargo, Or Two Of Them, At Risk, And Is To Be Contributed For By The Several Interests In The Propor Tion Of Their Respective Values ...

General Laws
General Laws. Laws Which Apply To And Operate Uniformly Upon All Members Of Any Class Of Persons, Places, Or Things, Re Quiring Legislation Peculiar To Themselves In The Matters Covered By The Laws. Binney, Restrictions Upon Local And Special Legis Lation. Quoted In Com. V. State Treasurer, 29 Pa. Co. ...

General Warrant
General Warrant. A Process Which Used To Issue From The State Secretary's Of Fice, To Take Up (without Naming Any Person In Particular) The Author, Printer, And Pub Lisher Of Such Obscene And Seditious Libels As Were Particularly Specified In It. The Practice Of Issuing Such Warrants Was Com Mon ...

Generation
Generation. A Simple Succession Of Living Beings In Natural Descent ; The Age Or Period Between One Succession And Another. It Is Not Equivalent To Degree. Mcmillan V. School Committee, 107 N. C. 609, 12 S. E. 330, 10 L. R. A. 823. Gens (lat.). In Roman Law. A Union ...

Georgia
Georgia. The Name Of One Of The Origi Nal Thirteen States Of The United States Of America. It Was Called After George Ii., King Of Great Britain, Under Whose Reign It Was Colonized. George Ii. Granted A Charter, Dated June 9, 1732, To A Company Consisting Of General James Ogle ...

German
German Cone. In The Current Which Swept Over Europe During The Sixteenth Century, Substituting, As Professor Sohm Phrases It, "the Revived Spirit Of Antiquity For Mediaeval Conceptions And Ideas," Germany Participat Ed In The Changes Which Took Place In All De Partments Of Science. Then The Roman Law Was "received" ...

Germany
Germany. An Empire Of Europe Com Posed Of Twenty-six States. The Constitution Is Dated April 16, 1871. It Includes All The German States In "an Eternal Union," Under The Supervisory Power Of The King Of Prus Sia As The Deutscher Kaiser (the German Emperor). The Legislative Power Is Vested In ...

Gift
Gift. A Voluntary Conveyance Or Trans Fer Of Property ; That Is, One Not Founded On The Consideration Of Money Or Blood. A Voluntary, Immediate And Absolute Trans Fer Of Property Without Consideration. Lew Is' Estate, 139 Pa. 640, 22 Atl. 635. As Used By The Old Text Writers, It ...

Going Witness
Going Witness. One Who Is Going Out Of The Jurisdiction Of The Court, Although Only Into A State Or Country Under The Same General Sovereignty: As, For Example, If He Is Going From One To Another Of The United States, Or, In Great Britain, From England To Scotland. 2 Dick. ...

Good Faith
Good Faith. An Honest Intention To Abstain From Taking Any Unconscientious Ad Vantage Of Another, Even Through The Forms Or Technicalities Of Law, Together With, An Ab Sence Of All Information Or Belief Of Facts Which Would Render The Transaction Uncon Scientious. Wood V. Conrad, 2 S. D. 334, 50 ...

Good Moral Character
Good Moral Character. The Nat Uralization Laws Require That In Order To Be Admitted To Citizenship The Applicant Must, During His Residence In The United States Since His Declaration Of Intention, Have "be Haved As A Man Of Good Moral Character" ; U. S. R. S. § 2165. What Is ...

Good Will
Good Will The Benefit Which Arises From The Establishment Of A Particular Trade Or Occupation. The• Advantage Or Benefit Which Is Acquired By An Establishment, Be Yond The Mere Value Of The Capital, Stocks, Funds, Or Property Employed Therein, In Con Sequence Of The General Public Patronage And Encodragement Which ...

Goods
Goods. In Contracts. The Term Goods Is Not So Wide As Chattels, For It Applies To In Animate Objects, And Does Not Include An Imals Or Chattels Real, As A Lease For Years Of House Or Land, Which Chattels Does Include. Co. Litt. 118; 1 Russ. 376. Goods Will Not ...

Government
Government (lat. Gubernacuktm, A Rudder. The Romans Compared The State To A Vessel, And Applied The Term Gubernator, Helmsman, To The Leader Or Actual Ruler Of A State. From The Latin, This Word Has Pass Ed Into Most Of The Modern European Lan Guages). That Institution Or Aggregate Of Institutions ...

Government Ownership
Government Ownership. The Public Do Main Embraces Lands Known In The United States As "public Lands," Lying In Certain States And Territories Known As "land States And Territories," And Was Acquired By The Government Of The United States By Treaty, Conquest, Cession By States Or Other Nations, And Purchase, And ...

Grade Crossing
Grade Crossing. A Place Where One Highway Crosses Another : In Particular, A Place Where A Railroad Is Crossed At Grade By A Public Or Private Road, Or By Another Rail Road. The Term Is Most Frequently Used With Reference To The Crossing Of A Public Highway By A Railroad. ...

Graffiu M
Graffiu M. A Register ; A Lieger-book Or Cartulary Of Deeds And Evidences. 1 Annal. Eccles. Menevensio, Apud Angl. Sax. 653. In Equity. A Term Used To Des Ignate The Right Of A Mortgagee In Premises To Which The Mortgagor At The Time Of Mak Ing The Mortgage Had An ...

Grand Assize
Grand Assize. A Method Of Trial, In Stituted By Henry Ii., By Way Of Alternative Offered To The Choice Of The Tenant Or Defend Ant In A Writ • Of Right, Instead Of Trial By Battel. For This Purpose A Writ De Magma Assiza Eligenda Issued To Choose Four Knights ...

Grand Jury
Grand Jury. A Body Of Men, Consist Ing At Common Law Of Not Less Than Twelve Nor More Than Twenty-four, Respectively Re Turned By The Sheriff Of Every County To Every Session Of The Peace, Oyer And Terminer And General Gaol Delivery, To Whom Indict Ments Are Preferred. 4 Bla. ...

Grant
Grant. A Generic Term Applicable To All Transfers Of Real Property. 3 Washb. R. P. 181, 353. A Transfer By Deed Of That Which Cannot Be Passed By Livery. Wins. R. P. 147, 149. An Aet Evidenced By Letters Patent Under The Great Seal, Granting Something From The King To ...

Grants
Grants. A Company Is Not Liable For Injuries To A Person Who Goes Into Its Yard, Merely Be Cause Such Yard Is A Dangerous Place, But It Must Be Shown To Be Unnecessarily Dangerous And That The Injury Resulted From The Negli Gence Of The Company ; Atchison, T. & ...

Great Britain
Great Britain. There Has Not Been In England Any General Codification In The Mod Ern Sense. There Were Some Early English So-called Codes Which Were Of The Former Character. The First Code In England Appears To Have Been About The Year 600 By Athelbert, King Of The Kentings. His Laws ...

Ground Rent
Ground Rent. A Rent Reserved To Him Self And His Heirs, By The Grantor Of Land In Fee-simple, Out Of The Land Conveyed. See Kenege V. Elliott, 9 Watts. (pa.) 262 ; Bol Ler V. Kuhn, 8 W. & S. (pa.) 185. • In Pennsylvania It Is Real Estate; Cobb ...

Grounds
Grounds. See, Generally, As To Fencing Railroads ; 3 Wood, R. R. 417, 421, Where The Eases Are Collected ; 5 L. R. A. 737, Note, And 8 L. R. A. 135, Note, Both Citing Statutes And Decisions; 11l. R. A. 427, Note (missouri Statutes And Decisions) ; Whart. Negl. ...

Growing Crops
Growing Crops. Growing Crops Raised By The Cultivation Of Man, Are In Certain Cases Personal Chattels, And In Others, Part Of The Realty. A Crop Is To Be Considered As Growing From The Time The Seed Is Put In The Ground, At Which Time The Seed Is No Longer A ...

Guaranty
Guaranty. An Undertaking To Answer For Another's Liability, And Collateral Thereto. A Collateral Undertaking To Pay The Debt Of Another In Case He Does Not Pay It. Shaw, C. J., Dole V. Young, 24 Pick. (mass.) 252. A Provision To Answer For The Payment Of Some Debt, Or The Performance ...

Guardian Ad Litem
Guardian Ad Litem. A Guardian Ap Pointed To Represent The Ward In Legal Pro Ceedings To Which He Is A Party Defendant. The Appointment Of Such Is Incident To The Power Of Every Court To Try A Case ; Bullard V. Spoor, 2 Cow. (n. Y.) 430 ; And The ...

Guardian And Ward
Guardian And Ward. One Who Legal Ly Has The Care And Management Of The Per Son, Or The Estate, Or Both, Of A Child During His Minority. Reeve, Dom. Rel. 311. Guardian Has Been Held To Be Synonymous With "next Friend" ; U. S. Mut. Acc. Ass'n V. Weller, 30 ...

Guerrilla Troops
Guerrilla Troops (span. Guerra, War ; Guerrilla, A Little War). Self-constitut Ed Bodies Of Armed Men In Times Of War, Who Form No Integral Part Of The Organized Army, Do Not Stand On The Regular Pay-roll Of The Army, Or Are Not Paid At All, Take Up Arms And Lay ...

Guest
Guest. A Traveller Who Stays At An Inn Or Tavern With The Consent Of The Keeper. Bacon, Abr. Inns, C 5; 8 Co. 32; Story, Bailm. § 477. A Traveller Or Transient Comer Who Puts Up At An Inn For A Lawful Purpose To Receive Its Customary Lodging And Eutertainment. ...

Guilt
Guilt. That Which Renders Criminal And Liable To Punishment. That Disposition To Violate The Law, 'which Has Manifested Itself By Some Act Already Done. The Opposite Of Innocence. See Ruth Erf. Inst. B. 1, C. 18, B. 10. In General, Every One Is Presumed Innocent Until Guilt Has Been Proved ...

Habeas Corpus
Habeas Corpus (lat. That You Have The Body). A Writ Directed To The Person Detain Ing Another And Commanding Him To Produce The Body Of The Prisoner At A Certain Time And Place, With The Day And Cause Of His Caption And Detention, To Do, Submit To, And Receive Whatsoever ...

Habitual Drunkard
Habitual Drunkard. A Person Giv En To Inebriety Or The Excessive Use Of Intox Icating Drink, Who Has Lost The Power Or The Will, By Frequent Indulgence, To Control His Appetite For It. Ludwick V. Coin., 18 Pa. 172; Com. V. Whitney, 5 Gray (mass.) 85. One Who Has The ...

Half Dollar
Half-dollar. A Silver Coin Of The United States, Of Half The Value Of The Dol Lar Or Unit, And Containing One Hundred And Eighty-five Grains And Ten-sixteenth Parts Of A Grain Of Pure, Or Two Hundred And Eight Grains Of Standard, Silver. Act Of April 2, 1792. Under The Provisions ...

Handwriting
Handwriting. Anything Written By A Person. The Manner In Which A Person Writes, Including The Formation Of The Char Acters, The Separation Of The Words, And Oth Er Features Distinguishing The Written Matter, As A Mechanical Result, From The Writing Of Other Persons. That Branch Of The Law Of Evidence ...

Hanseatic League
Hanseatic League. A Number Of Towns In Europe Which Joined In A League For Mutual Protection Of Commerce As Early As The Twelfth Century. Associated Action And Partial Union Be Tween Certain North German Towns Can Be Traced To The 13th Century. In 1241 Lubeck And Hamburg Agreed To Safeguard ...