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Bouvier's Law Dictionary

Jury Of Women
Jury Of Women. A Jury Of Women Is Given In Two Cases ; Viz. : On Writ De Ventre Inspiciendo, Which Was A Writ Directed To The Sheriff, Commanding Him That, In The Presence Of Twelve Men And As Many Wo Men, He Cause Examination To Be Made Whether A ...

Jus Ad Rem
Jus Ad Rem (lat.). In Civil Law. A Right To A Thing. It Is Generally Treated As A Right To Property Not In Possession, As Dis Tinguished From Jus In Re, Which Implies The Absolute Dominion. In English Law, This Distinction Is Illustrated By Blackstone, By Reference To Ecclesiastical Promotions, ...

Jus Honorarium
Jus Honorarium. In Civil Law. A Name Applied To The Praetorian Edicts And Al So To The Edicts. Of The Curiae Cediles, When On Certain Occasions They Were Published. Inst. 1, 2, 7. This System Of Law Was Simply The Usual Development Of An Expanding And Elastic Ju Risprudence, Which ...

Jus Naturale
Jus Naturale. The Name Given To Those Rules Of Conduct Which Are Universally Bind Ing Upon Men And Which Are Sanctioned By The Dictates Of Right Reason, As Opposed To Rules Of Conduct Prescribed And Enforced By The Sovereign Power Of The State Which Are Called Positive Law, Known To ...

Jus Privatum
Jus Privatum. The Municipal Law Of The Romans As Distinguished From The Jus Publicum, Which Was The Law Of Political Con Ditions And Of Crimes (with That Of Criminal Procedure). Campbell's Analysis Of Austin, 143. "the Relations Of Power Subsisting Between Per Sons And The World Of Things, Or The ...

Just
Just. This Word Is Frequently Used In Legal Phraseology In Combination With Other Words, Such As Reasonable, Equitable, Con Venient. Where, As A Foundation For An Attach Ment, An Affidavit Was Required That The Plaintiff's Claim Is Just, It Is Not Sufficient If It Does Not State Positively, But Only ...

Just Compensation
Just Compensation. See Eminent Domain. The Constant And Perpetual Dis Position To Render To Every Man His Due. Jus Tinian, Inst. B. 1, Tit. 1; Co. 2d Inst. 56. The Conformity Of Our Actions And Our Will To The Law. Toullier, Droit Civ. Fr. Tit. Prel. N. 5. Commutative Justice ...

Justice Of The Peace
Justice Of The Peace. A Public Of Ficer Invested With Judicial Powers For The Purpose Of Preventing Breaches Of The Peace And Bringing To Punishment Those Who Have Violated The Laws. A New Class Of Officials Was Appointed In Eng Land In 1327 Specially Entrusted With The Conserva Tion Of ...

Justifiable Homicide
Justifiable Homicide. That Which Is Committed With The Intention To Kill, Or To Do A Grievous Bodily Injury, Under Circum Stances Which The Law Holds Sufficient To Ex Culpate The Person Who Commits It. A Judge Who, In Pursuance Of His Duty, Pronounces Sentence Of Death, Is Not Guilty Of ...

Justification
Justification. In Pleading. The Al Legation Of Matter Of Fact By The Defendant, Establishing His Legal Right To Do The Act Complained Of By The Plaintiff. Justification Admits The Doing Of The Act Charged As A Wrong, Hut Alleges A Right To Do It On The Part Of The Defendant, ...

Justinian Code
Justinian Code. A Collection Of Imperial Ordinances Compiled By Order Of The Emperor Justinian. All The Judicial Wisdom Of The Roman Civilization Which Is Of Importance To The American Lawyer Is Embodied In The Compilations To Which Justinian Gave His Name, And From Which That Name Has Re Ceived Its ...

Juvenile Courts
Juvenile Courts. Courts Having Spe Cial Jurisdiction, Of A Paternal Nature, Over Delinquent And Neglected Children. The Thought That The Child Who Has Begun To Go Wrong, Who Has Broken A Law Or Ordi Nance, Is To Be Taken In Hand By The State, Not As An Enemy, But As ...

Kerosene
Kerosene. A Rock Or Earth Oil. Morse V. Ins. Co., 30 Wis. 534, 11 Am. Rep. 587. It Is, In A Commercial Sense, A Refined Coal Or Earth Oil, And Is Embraced Within Those Terms As Used In An Insurance Policy. Ben Nett V. Ins. Co., 81 N. Y. 273, ...

Kidnapping
Kidnapping. The Forcible Abduction Or Stealing Away Of A Man, Woman, Or Child From Their Own Country And Sending Them Into Another. 4 Bla. Com. 219. At Common Law It Is A Misdemeanor ; Comb. 10. There Is No Wide Difference In Meaning Between Kidnapping, False Imprisonment, And Abduction. The ...

Kinds Of Land And
Kinds Of Land And Methods Of Acquir Ing Same. The Public Lands May Be Divided With Respect To Their Character Into, First, Agricultural Lands, Which Are Acquired Un Der The Various Laws, Such As Pre-emption, Homestead, Etc., At The Price Of $1.25 Per Acre When They Lie Without, And $2.50 ...

Kleptomania
Kleptomania. Insanity In The Form Of An Irresistible Propensity To Steal. Wharton. See Looney V. State, 10 Tex. App. 520, '38 Am. Rep. 646. A Form Of Insanity Which Is Said To Manifest Itself By A Propensity To Acts Of Theft. Tay]. Med. Jur., Bell's Ed. 766. A Weakening Of ...

Knight
Knight. In English Law. The Next Per Sonal Dignity After The Nobility. In The Administration Of Royal Justice, Much Of The Work Was Formerly Done By The Knights; As For The More Solemn, Ancient, And Decisive Processes. To Swear To A Ques Tion Of Possession, Free And Lawful Men Were ...

Knowledge
Knowledge.- Information As To A Fact. The Act Of Knowing ; Clear Perception Of The Truth ; Firm Belief ; Information. Knowl Edge "is Not Confined To What We Have Per Sonally Observed Or To What We Have Evolved By Our Own Cognitive Faculties." State V. Ransberger, 106 Mo. 135, ...

Labor
Labor. Work Requiring Exertion Or Ef Fort, Either Physical Or Mental; Toil. Labor And Business Are Not Synonymous ; Labor May Be Business, But It Is Not Necessari Ly So, And Business Is Not Always Labor. The Labor And Skill Of One Man Are Fre Quently Used In A Partnership, ...

Labor Arbitration
Labor Arbitration. The Investiga Tion And Determination Of Disputed Matters Between Employers And Employs. The Subject Of "arbitration And Concilia Tion" With Respect To The Settlement Of Labor Disputes Is At The Time Of Writing One Of Very Present Consideration Throughout The World. The Words Quoted Are Constantly Used To ...

Labor Union
Labor Union. Arresting A Letter Carrier On An Indictment For Murder Is Not Obstructing The Mail ; U. S. V. Kirby, 7 Wall. (u. S.) 482, 19 L. Ed. 278. A State Statute Which Necessarily Inter Feres With Speedy And Uninterrupted Car Riage Of The Mails Cannot Be Considered As ...

Labor Union
Labor Union. A Combination Or Asso Ciation Of Laborers For The Purpose Of Fixing The Rate Of Their Wages And Hours Of Work, For Their Mutual Benefit And Protection, And For The Purpose Of Righting Grievances Against Their Employers. In England When The Rate Of Wages Was Fixed By Law ...

Laborer
Laborer. A Sbrvant In Husbandry Or Manufacture Not Living Intra Mania. Whart. He Who Performs With His Own Hands The Contract He Made With His Employer. Ap Peal Of Seiders, 46 Pa. 57. One Who Labors In A Toilsome Occupation ; A Man Who Does Work That Requires Little Skill ...

Laches
Laches (fr. Lecher). Unreasonable De Lay ; Neglect To Do A Thing Or To Seek To En, Force A Right At A Proper Time. The Neglect To Do That Which By Law A Man Is Obliged Or In Duty Bound To Do. An Derson V. Northrop, 30 Fla. 612, 12 ...

Laet
Laet. In Old English Law. One Of A Class Between The Servile And Free. 1 Palg. Rise & Prog. 334. Of This Class It Is 'said : "thus Degrees Of Servili Ty Are Possible. A Class May Stand, As It Were, Half Way Between The Class Of Slaves And The ...

Lake
Lake. A Body Of Water Surrounded By Land, Or Not Forming Part Of The Ocean, And Occupying A Depression Below The Ordinary Drainage Level Of The Region. Cent. Dict. The Fact That There Is A Current From A Higher To A Lower Level Does Not Make That A River Which ...

Land
Land. Any Ground, Soil, Or Earth What Soever : As, Meadows, Pastures, Woods, Wa Ters, Marshes, Furzes, And Heath. Kingsley V. Holbrook, 45 N. H. 313, 86 Am. Dec. 173. An Estate Of Frank Tenement At The Least. Shepp. Touch. 92. The Term Terra In Latin Was Used To Denote ...

Land Contracts
Land Contracts. In Actions For The Breach Of Contracts For The Sale Of Land Where The Vendor Fails To Convey, The Eng Lish Rule Limits The Damages To The Amount Advanced With Interest And Expenses Incur Red In Examining The Title. The Rule Dates Back To Y. B. 30 Edw. ...

Land Grant
Land Grant. A Legislative Appropria Tion Of A Portion Of The Public Domain Either For Charitable Or Eleemosynary Purpose, Or For The Promotion Of The Construction Of A Railroad Or Other Public Work. Although The Public Lands Of The United States And Of The Various States Have Been To A ...

Land Office
Land Office. A Government Bureau Established In 1812, Originally Connected With The Treasury, But Since 1849 Forming A Divi Sion Of The Department Of The Interior. The Commissioner Of The General Land Of Fice Performs, Under Direction Of The Secre Tary Of The Interior, All Executive Duties Ap Pertaining To ...

Land Patent
Land Patent. After Public Lands Have Been Entered At The Land Office And A Certificate Of Entry Ob Tained, They Are Private-property, The Govern Ment Agreeing To Make A Conveyance As Soon As It Can, And In The Meantime Holding The Naked Legal Fee In Trust For The Purchaser, Who ...

Land Patent
Land Patent. A Muniment Of Title Is Sued By A Government Or State For The Con Veyance Of Some Portion Of The Public Do Main. The Issue Of A Land Patent Is The Convey Ance Of Public Lands To The Person Or Per Sons Who, By Compliance With The Law, ...

Land Title And Transfer
Land Title And Transfer. The Ex Isting.system Of Land Transfer Is A Long And Tedious Process Involving The Observance Of Many Formalities And Technicalities, A Failure To Observe Any One Of Which May Defeat Ti Tle. Even Where These Have Been Most Care Fully Complied With, And Where The Title ...

Landed Estates Court
Landed Estates Court. In English Law. Tribunals Established By Statute For The Purpose Of Disposing More Proniptly And Easily Than Could Be Done Through The Ordi Nary Judfcial Machinery, Of Incumbered Real Estate. These Courts Were First Established In Ireland By The Act Of 11 '& 12 Vict. C. 48, ...

Landlord And Tenant
Landlord And Tenant. A Term Used To Denote The Relation Which Subsists By Vir Tue Of A Contract, Express Or Implied, Be Tween Two Or More Persons, For The Posses Sion Or Occupation Of Lands Or Tenements Ei Ther For A Definite Period, From Year To Year, For Life, Or ...

Language
Language. The Medium For The Com Munication Of Perceptions And Ideas. Spoken Language Is That Wherein Articu Late Sounds . Are Used. See Stevenson V. State, 90 Ga. 456, 16 S. E. 95. Written Language Is That Wherein Written Characters Are Used, And Especially The Sys Tem Of Characters Called ...

Lapsed Devise
Lapsed Devise. A Devise Which Has Lapsed, Or Does Not Take .effect Because Of The Death Of The Devisee Before That Of The Testator. The Subject-matter Of The Lapsed Devise Will, If No Contrary Intention Appear, Be Included In The Residuary Clause (if Any) Contained In The Will. In England, ...

Lapsed Legacy
Lapsed Legacy. A Legacy Which, On Account Of The Death Of The Legatee Before The Period Arrives For The Payment Of The Leg Acy, Lapses Or Deviates From The Course Pre Scribed By The Testator, And Falls Into The Residuum. 1 Wms. Ex., 7th Am. Ed. *1071; Craighead V. Given, ...

Larceny
Larceny. The Felonious Takl‘g Of The Property Of Another Without His Consent And Against His Will, With The Intent To Convert It To The Use Of The Taker. 2 Leach 1089. The Felonious Taking And Carrying Away Of The Personal Goods Of Another. 4 Bla. Com. 299. The Appropriation, Either ...

Lascivious Cohabitation
Lascivious Cohabitation. The Act Or State Of A Man And Woman, Not Married, Who Dwell Together In The Same House, Be Having Themselves As Man And Wife. In Statutes Forbidding Unlawful Cohabita Tion That Term Involves The Idea Of Habitual Sexual Intercourse, Or Living Together In Such A Way As ...

Latent Ambiguity
Latent Ambiguity. One Which Does Not Appear On The Face Of The Instrument. A Latent Ambiguity Is Where Words Apply Equally To Two Different Things Or Subject Matters; 15 M. & W. 561; But Where The Parties May Have Intended Either Of The Two Things In Dispute, The Term Does ...

Lateral Railroad
Lateral Railroad. A Branch Rail Road. One Running From Some Point On A Main Line Intended As A Connecting Line Or Feeder. A Lateral Road Is Said To Be "one Pro Ceeding From Some Point On The Main Trunk Between Its Termini." Newhall V. R. Co., 14 Ill. 273. "the ...

Lateral Support
Lateral Support. The Right Of Hav Ing One's Land And The Structures Erected Thereon Supported By The Land Of A Neighbor Ing Proprietor. Each Of Two Adjoining Land-owners Is Entitled To The Support Of The Other's Land. The Right Of Lateral Support Exists Only With Respect To The Soil In ...

Lateran Councils
Lateran Councils. The General Name Given To The Numerous Councils Held In The Lateran Church At Rome. The First Of These Was Convened A. D. 649 To Con Sider The Doctrine Of The Monothelitea. This Council Held Five Sessions, During Which The Writings Of The Leading Advocates Of The Theory ...

Latin Union
Latin Union. A Monetary Alliance Of France, Belgium, Switzerland, And Italy For The Establishment Of A Mutual And Uniform Monetary Policy And The Maintenance Of A Uniform And Interchangeable Coinage Of Gold And Silver Based On The French Franc. Greece And Roumania Joined The Association In April, 1867. The Convention ...

Laurel
Laurel. An English Gold Coin Worth Twenty Shillings, Or About Five Dollars, Coined In 1619 By James I., So-called Because The Head Of The King Was Wreathed With Laurel, And Not Crowned As On English Coins. Law. That Which Is Laid Down; That Which Is Established. A Rule Or Method ...

Law Judoe Made Law Judicial
Law; Judoe-made Law ; Judicial Power. The Separation Of The Three Powers Of Gov Ernment Which Underlie All Modern Civilized Government Has Been Discussed Under The Title Executive Power, In Which, As Well As Well As In The Title Judicial Power, Many Of The Questions Arising In Connection With The ...

Law Merchant
Law Merchant. The General Body Of Commercial Usages In Matters Relative To Commerce. Blackstone Calls It The Custom Of Merchants, And Ranks It Under The Head Of The Particular Customs Of England, Which Go To Make Up The Great Body Of The Com Mon Law. 1 Bla. Com. 75. Since, ...

Law Of Nature
Law Of Nature. That Law Which God, The Sovereign Of The Universe, Has Prescribed To All Men, Not By Any Formal Promulgation, But By The Internal Dictate Of Reason Alone. It Is Discovered By A Just Consideration Of The Agreeableness Or Disagreeableness Of Hu Man Actions To The Nature Of ...

Law Of The Case
Law Of The Case. Propositions Of Law Once Decided By An Appellate Court Are Not Open To Reconsideration In That Court Upon A Subsequent Appeal Or Writ Of Error; Brown V. Zinc Co., 179 Fed. 309, 102 C. C. A. 497 (c. C. A. 8th Circ.); Illinois V. R. Co., ...

Laws Of Wisby
Wisby, Laws Of. A Concise But Compre Hensive Code Of Maritime Law, Established By The "merchants And Masters Of The Magnifi Cent City Of Wisby." The Port Of Wisby, Now In Ruins, Was Situated On The Northwestern Coast Of Gottland, On The Baltic Sea. It Was The Capital Of The ...