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Lincolns Inn
Lincoln's Inn. See Inns Of Court. In Descents. The Series Of Persons Who Have Descended From A Common An Cestor, Placed One Under The Other, In The Or Der Of Their Birth. It Connects Successively All The Relations By Blood To Each Other. See Consanguinity; Degree. The Line Is Either ...

Liquidated Damages
Liquidated Damages. Damages The Amount Of Which Has Been Determined By Anticipatory Agreement Between The Parties. Damages For A Specific Sum Stipulated Or Agreed Upon As Part Of A Contract, As The Amount To Be Paid To A Party Who Alleges And Proves A Breach Of It. Where There Is ...

Liquor Laws
Liquor Laws. Laws Regulating, Pro Hibiting, Or Taxing The Sale Of Intoxicating Liquors. The Term Liquor, When Used In A Statute Prohibiting Its Sale, Refers Only To Spirituous Or Intoxicating Liquors; State V. Townley, 18 N. J. L. 311; People V. Crilley, 20 Barb. (n. Y.) 246. Alcohol Is Held ...

Lis Pen D Ens
Lis Pen D Ens (lat.). A Pending Suit. Suing Out A Writ And Making Attachment (on Mesne Process) Constitute A Lis Pendens At Common Law. Bennett .v. Chase, 21 N. H. 570. The Doctrine Of Ids Pendens, As Usually Understood, Is The Control Which A Court Has Over The Property ...

Literary Property
Literary Property. The General Term Which Describes The Interest Of An Author In His Works, Or Of Those Who Claim Under Him, Whether Before Or After Publi Cation, Or Before Or After A Copyright Has Been Secured. 9 Am. L. Reg. 44; Woolsey V. Judd, 4 Duer (n. Y.) 379; ...

Literis Obligatio
Literis Obligatio. In Roman Law. An Obligation Created By An Entry Made In One Of The Books Kept By The Head Of A Roman Family, Called The Codex Accepti Et Expensi. The Creditor Made An Entry To The Effect That A Certain Sum Had Been Paid By Him To The ...

Liveryman
Liveryman. A Liveryman Who Hires Out A Horse And Driver Is A Private, And Not A Common, Carrier. He Is Required Only To "exercise The Usual Care, Skill And Diligence Ordinarily Exercised By Those Engaged In The Same Pursuit"; Payne V. Halstead, 44 Ill. App. 97; Mcgregor V. Gill, 114 ...

Lloyds
Lloyd's. An Association In The City Of London, The Members Of Which Underwrite Each Other's Policies. 2 Steph. Com., 11th Ed. 138, N. The Name Is Derived From Lloyd's Coffee House, The Great Resort For Seafaring Men And Those Doing Business With Them In The Time Of William Iii. And ...

Lloyds Insurance
Lloyd's Insurance. A System Of In Surance Similar To The English Lloyds, Which Is Carried On In The United States By Unin Corporated Associations Of Individuals. It Originated In Connection With Marine Risks, But Has Now Been Extended To Other Kinds Of Insurance. The Principal Features Of The System Are, ...

Loan Societies
Loan Societies. In English Law. A Kind Of Club Formed For The Purpose Of Ad Vancing Money On Loan To The Industrial Classes. They Are Authorized And Regulated, By 3 & 4 Viet. Ch. 110, And 21 Viet. Ch. 19. See Building Associations. One Who Makes It A Business To ...

Loan For Use
Loan For Use (called, Also, Commoda Tum). A Bailment Of An Article To Be Used By The Borrower Without Paying For The Use. 2 Kent 573. An Agreement By Which A Person Delivers A Thing To Another, To Use It According To Its Natural Destination, Or According To The Agreement, ...

Local Option
Local Option. A Term Often Used To Designate A Right Granted By Legislative En Actments To The Inhabitants Of Particular Dis Tricts, To Determine By Ballot Whether Or Not Licenses Shall Be Issued For The Sale Of In Toxicating Liquors Within, Such Districts. An Act Of This Character Passed In ...

Lode
Lode. A Body Of Mineral Or Mineral Bearing Rock Located Within Defined Bounda Ries Within The General Mass Of The Moun Tain. Stevens V. Williams, 1 Mccrary, 480, Fed. Cas. No. 13,413 ; Buttalo Zinc & Copper Co. V. Crump, 70 Ark. 525, 69. S. W. 572, 91 Am. St. ...

Lods Et Ventes
Lods Et Ventes. A Fine Payable To The Seigneur Upon Every Sale Of Lands Within His Seigniory. 1 Low. C. 50. Any Transfer Of Lands For A Consideration Gives Rise To The Claim; 1 Low. C. 79 ; As, The Creation Of A Rente Viagire (life-rent) ; 1 Low. C. ...

Logging Liens
Logging Liens. In Some States, Persons Employed In Logging Have A Lien For Services. It Exists In Favor Of A Cook And His Assistant At A Logging Camp;' Breault V. Archambault, 64 Minn. 420, 67 N. W. 348, 58 Am. St. Rep. 545; A Blacksmith Employed In Shoeing Horses And ...

Logs
Logs. The Stems Or Trunks Of Trees Cut Into Convenient Lengths For The Purpose Of Being Afterwards Manufactured Into Lumber Of Various Kinds. Kollock V. Parcher, 52 Wis. 398, 9 N. W. 67. When Logs Are Driven In A Navigable Stream In An Ordinarily Skillful And Prudent Manner, The Owner ...

London
London. The Original Design Of This Writ Was To Secure The Appearance Of One Who Had Dis Regarded The Original Summons, By Taking Possession Of His Property As A Pledge ; 3 Bla. Com. 280. By An Extension Of This Principle, In The New England States, Property Attached Re Mains ...

Long Vacation
Long Vacation. The Recess Of The Eng Lish Courts From August 12th To October 24th. See Term. Pay. Exqa Compensation For Longevity In Actual Service In The Army Or Navy. Thornley V. U. S., 18 Ct. Cl 111. Its Introduction Was Intended (1) To In Duce Men To Enter The ...

Loss
Loss. When Used In A Statute With Ref. Erence To A Loss Of Goods By Common Carriers, Loss Means Injury Or Damage To The Goods, As Well As Their Destruction Or Disappearance; Hawkins V. Haynes, 71 Ga. 40 ; Richmond & D. R. Co. V. White & Co., 88 Ga. ...

Lost Instrument
Lost Instrument. A Document Or Pa Per Which Has Been So Mislaid That It Can Not Be Found After Diligent Search. Suits To Recover Upon Lost Instruments Are Within The Jurisdiction Of Equity, But The Proof As To The Contents Must Be Clear And Satisfactory ; Fries V. Griffin, 35 ...

Lottery
Lottery. A Scheme For The Distribution Of Prizes By Chance. Alms House Of New York City V. Art Union, 7 N. Y. 228 ; Thomas V. People, 59 Ill. 160. A Scheme By Which A Result Is Reached By Some Action Or Means Taken, In Which Result Man's Choice Or ...

Louisiana
Louisiana. The Name Of One Of The States Of The United States Of America. It Was First Explored By The French In 1682, Under Robert Chevalier De La Salle, And Named Louisiana, In Bonor Of Louis Xiv. In 1699, A French Settlement Was Begun At Biloxi By Lemoyne D'iberville. His ...

Lucid Intervals
Lucid Intervals. In Medical Jurispru Dence. Periods In Which An Insane Person Is So Far Free From His Disease That The Ordinary Legal Consequences Of Insanity Do Not Apply To Acts Done Therein. A Lucid Interval Is Not A Perfect Restora Tion To Reason, But A Restoration So Far As ...

Lynch Law
Lynch Law. A Common Phrase Used To Express The Vengeance Of A Mob Inflicting An Injury And Committing An Outrage Upon A Person Suspected Of Some Offence. In Eng Land This Is Called Lidford Law; In Scot Land, Cowper Law, Jedburgh. Justice. The Ohio Act (see Infra) Defines Lynching And ...

M Aj 0 R
M Aj 0 R It Y. The State Or Condition Of A Person Who Has Arrived At Full Age. He Is Then Said To Be A Major, In Opposition To Minor, Which Is His Condition During Infancy. See Age. The Greater Number. More Than All The Opponents. Some Question Exists ...

M Al A Pro
M Al A Pro H Ibi Ta (lat.). Those Things Which Are Prohibited By Law, And Therefore Unlawful. , Crimes, Made Such, Only By Reason Of Stat Utory Prohibition. 1 Mcclain, Cr. L. § 23. The Distinction Was Formerly Made With Respect To The Right To Recover Upon A Con ...

M Isd Em Ean
M Isd Em Ean 0 R. A Term Used To Express Every Offence Inferior To Felony, Punishable By Indictment, Or By Particular Prescribed Proceedings. In Its Usual Acceptation, It Is Applied To All Those Crimes And Offences For Which The Law Has Not Provided A Partic Ular Name. It Has ...

Magna Charta Magna Carta
Magna Carta, Magna Charta. The Great Charter Of English Liberties, So Called (but Which Was Really A Compact Between The King And His Barons, And Almost Exclu Sively For The Benefit Of The Latter, Though Confirming The Ancient Liberties Of English Men In Some Few Particulars), Was Wrung From King ...

Maintenance
Maintenance. Aid; Support ; Assist Ance ; The Support Which One Person, Who Is Bound By Law To Do So, Gives To Another. See Husband; Parent And Child. In Criminal Law. A Malicious, Or, At Least, Officious, Interference In A Suit In Which The Offender Has No Interest, To Assist ...

Malice
Malice. In Criminal Law. The Doing A Wrongful Act Intentionally Without Just Cause Or Excuse. 4 B. & C. 255 ; Com. V. York, 9 Metc. (mass.) 104, 43 Am. Dec. 373 ; Zimmer Man V. Whiteley, 134 Mich. 39, 95 N. W. 989. A Wicked And Mischievous Purpose Which ...

Malicious Mischief
Malicious Mischief. An Expression Applied To The Wanton Or Reckless Destruction Of Property, And The Wilful Perpetration Of Injury To The Person. Washb. Cr. L. 73. The Term Is Not Sufficiently Defined As The Wilful Doing Of Any Act Prohibited By Law, And For Which The Defendant Has No Lawful ...

Malicious Prosecution
Malicious Prosecution. A Wanton Prosecution Made By A Prosecutor In A Crim Inal Proceeding, Or A Plaintiff In A Civil Suit, Without Probable Cause, By A Regular Procesp And Proceeding, Which The Facts Did Not War Rant, As Appears By The Result. 'actions For Malicious Prosecution Are Not Favored By ...

Mance
Mance. The Mere Existence Of An Incumbrance Constitutes A Breach Of This Covenant ; Washb. R. P. 658; Mulemore V. Mabson, 20 Ala. 137; Without Regard To The Knowledge Of The Grantee ; 2 Greenl. Ev. § 242 ; Butler V. Gale, 27 Vt. 739; Medler V. Hiatt, 8 Ind. ...

Mandamus
Mandamus. This Is A High Prerogative Writ, Usually Issuing Out Of The Highest Court Of General Jurisdiction In A State, In The Name Of The Sovereignty, Directed To Any Natural Person, Corporation, Or Inferior Court Of Ju Dicature Within Its Jurisdiction, Requiring Them To Do Some Particular Thing Therein Specified, ...

Mandate
Mandate. A Direction Or Request. Thus A Check Is A Mandate By The Drawer To His Banker To Pay The Amount To The Holder Of The Check; 1 Q. B. Div. 33. A Power Of Attorney To Receive Payment In The Extinguishment Of An Obligation. It May Be Express Or ...

Mania
Mania. In Medical Jurisprudence. The Most Common Of All Forms Of Insanity. Con Sisting In A Condition Of Exaltation Which Af Fects The Emotion And Intellect, And Which Expresses Itself By Increased Activity, Men Tal And Physical. 3 Witth. & Beck. A Chronic Affection Of The Brain, Ordinarily Without Fever, ...

Manor
Manor (french, Memoir). A House, Res Idence, Or Habitation. It Includes Not Only A Dwelling-house, But Also Lands. See Co. Litt. 58, 108 ; 2 Rolle, Abr. 121; Merlin, Revert, Manoir; Serg. Land Laws Of Penn. 195 ; 11 H. L. Cas. 83. Manor Is Also Said To Be Derived ...

Manslaughter
Manslaughter. The Unlawful Killing Of Another Without Malice Either Express Or Implied. 4 'bla. Com. 190; 1 Hale, Pl. Cr. 466. Any Unlawful And Wilful Killing Of A Hu Man Being, Without Malice, Is Manslaughter, And Thus Defined, It, Includes A Negligent Kill Ing Which Is Also Wilful; U. S. ...

Manumission
Manumission. The Act Of Releasing From The Power Of Another. The Act Of Giv Ing Liberty To A Slave. The Modern Acceptation Of The Word Is The Act Of Giving Liberty To Slaves. But In The Roman Law It Was A Generic Expression, Equally Applicable To The Enfranchisement From The ...

Map
Map. A Transcript Of The Region Which It Portrays, Narrowed In Compass So As To Fa Cilitate An Understanding Of The Original. Banker V. Caldwell, 3 Minn. 103 (gil. 46). When A Deed Conveys A Lot As Indicated On A Recorded Plat, The Latter May Be Con Sulted In Aid ...

Mar K
Mar K. A Sign, Traced On Paper Or Parch Ment, Which Stands In The Place Of A Ture;, Usually Made. By' Persons Who Cannot Write.. , The Use Of The Mark In Ancient Times Was .not Confined To Illiterate Persons; Among The Saxons The Mark Of The Cross, As An ...

Margin
Margin. A Sum Of Money, Or Its Equiva Lent, Placed In The Hands Of A Stock Broker, By The Principal, Or Person On Whose Account A Purchase Of Stock Or Commodities Is To Be Made, As A Security To The Former Against Kisses To Which He May Be Exposed By ...

Maritime Cause
Maritime Cause. A Cause Arising From A Maritime Contract, Whether Made At Sea Or On Land. In All Cases Of Contract The Jurisdiction Of The Admiralty Courts Depends Upon The Nature Or Subject-matter Of The Contract; • But In Cases Of Maritime Tort And Salvage Their Jurisdiction Depends Upon The ...

Maritime Law
Maritime Law. That System Of Law Which Particularly Relates To The Affairs And Business Of The Sea, To Ships, Their Crews And Navigation, And To The Marine Conveyance Of Persons And Property. Whilst The General Maritime Law Is The Basis Of The Maritime Law Of The United States, As Well ...

Maritime Tort
Maritime Tort. A Tort Which By Rea Son Of The Place Where It Is Committed Is Within The Jurisdiction Of Admiralty. A Tort Committed Upon Water And Which Comes Within The Jurisdiction Of A Court Of Admiralty. The Arkansas, 17 Fed. 387. Admiralty Courts Have Always Had Juris Diction Of ...

Market
Market. A Public Place And Appointed Time For Buying And Selling. A Public Place, Appointed By Public Authority, Where All Sorts Of Things Necessary For The Subsistence Or For The Convenience Of Life Are Sold. All Fairs Are Markets, But Not Vice Versa; Bract. 1. 2, C. 21; Co. Litt. ...

Market Overt
Market Overt. An Open Or Public Market ; That Is, A Place Appointed By Law Or Custom For The Sale Of Goods And Chattels At Stated Times In Public. "an Open, Public, And Legally Constituted Market." Jervis, C. J., 9 J. ,scott 601; 18 C. B. 599. As To What ...

Marriage
Marriage. A Contract Made In Due Form Of Law, By Which A Man And Woman Reciprocally Engage To Live With Each Other During Their Joint Lives, And To Discharge Towards Each Other The Duties Imposed By Law On The Relation Of Husband And Wife. For The Laws Of The Hebrews ...

Marriage Settlement
Marriage Settlement. An Agree Ment Made By The Parties In Contemplation Of -marriage, By Which The Title To, Certaw Property Is Changed, And• The • Property To Some Extent Becomes. Inalienable. See Fads Ley V. Weatherby's Extrs, 8 Leigh (va.) 1 D. & B. Eq. 389; Paine V. Hollister, 139 ...

Marshalling Assets
Marshalling Assets. An Equitable Principle Upon Whicji The Legal Rights Of Cred Itors Are Controlled In Order To Accomplish An Equitable Distribution Of Funds In Accord Ance With The Superior Equities Of Different Parties Entitled To Share Therein. It Springs From The Principle That One Who Is Entitled To Satisfaction ...

Martial Law
Martial Law. That Military Rule And Authority Which Exists In Time Of War, And Is Conferred By The Laws Of War, In Relation To Persons And Things Under And Within The Scope Of Active Military Operations, In Car Rying On The War, And Which Extinguishes Or Suspends Civil Rights And ...

Martial Law Court Martialmilitary
Martial Law ; Court-martial; Military Jurisdiction. The Law Is Found In The Acts Of Congress, Particularly The Articles Of War, The Army Regulations And In The Customary Military Law ; Carter V. Mcclaughry, 183 U. S. 365, 22 Sup. Ct. 181, 46 L. Ed. 236. The Act Of 1806 Consists ...

Maryland
Maryland. One Of The Thirteen Original States Of The Union. The Territory Of Maryland Was Included 'in The Grants Previously Made To Companies Formed For The Settlement Of Virginia. Out Of These Virginia Grants Maryland Was Granted By Charles The First, On The 20th Of June, 1632, To Cecilius Calvert, ...

Massachusetts
Massachusetts. One Of The Original Thirteen States Of The United States Of Amer Ica. The First Important Settlement On The Territory Of Massachusetts Was Made By The Sect Of Brownists Or Pilgrim Fathers At Plymouth In 1620. On March 4, 1628, Charles I. Granted A Charter To The Puritans Under ...

Master And Servant
Master And Servant. The Relation Of Master And Servant Exists Between One Who Not Only Prescribes To The•workman The End Of His Work, But Directs, Or At Any Moment May Direct The Means Also, Or Re Tains The Power Of Controlling The Work; 4 E. & B. 570; 24 L. ...

Master In Chancery
Master In Chancery. An Officer Of A Court Of Chancery, Who Acts As An Assistant To The Chancellor. Stewart V. Turner, 3 Edw. Ch. (n. Y.) 458; Brush V. Blanchard, 19 111. 31. A Master In Chancery Is An Officer Appoint Ed By A Court To Assist It In Various ...

Master Of A Ship
Master Of A Ship. The Commander Or First Officer Of A Merchant-ship ; A Captain. Under The English Merchant Shipping Act, 1854, The Term Master Includes "every Person (except A Pilot) Having Command Or Charge Of Any Ship." A Distinction Is Noted Between The Two Fold Duties And Functions Of ...

Master Of The Rolls
Master Of The Rolls. In English Law. An Officer Of Chancery, Who Has The Keeping Of The Rolls And Grants Which Pass The Great Seal And The Records Of The Chan Cery. He Formerly Exercised Extensive Judi Cial Functions In A Chancery Court Rank Ing Next To That Of The ...

Mate
Mate. The Officer Next In Rank To The Master On A Merchant Vessel. In Such Vessels There' Is Always One Mate, And Sometimes A Second, Third, And Fourth Mate, Ac Cording To The Vessel's Size And The Trade In Which She May Be Engaged. When The Word Mate Is Used ...

Matters Oe Practice
Matters Oe Practice. Of Docketing The Judgment. By The Stat. 4 & 5 W. & M. C. 20, All Final Judgments' Are Required -to Be Reg Ularly Docketed : That Is, An Abstract Of The Judgment Is To Be Entered In A Book Called The Judgment-docket; 3 Bla. Com. 398. ...

Maxim 2133 Maxim
Maxim 2133 Maxim Error Nominis Nunquam Nocet, Si De Identitate Rei Contest. Mistake In The Name Never Injures, If The Identity Of The Thing Is Clear. 1 Deer, Ins. 171. Error Qui Non Resistitur Approbatur. An Error Not Resisted Is Approved. Doct. & St. C. 70. Error Scribentis Nocere Non ...