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Bouvier's Law Dictionary

Usury
Usury. The Excess Over The Legal Rate Charged To A Borrower For The Use Of Money. Taking An Illegal Profit For The Use Of Mon Ey. Macrackan V. Bank, 164 N. C. 24, 80 S. E. 184, 49 L. R. A. (n. S.) 1043. Originally, The Word Was Applied To ...

Utero Gestation Gestation
Gestation, Utero-gestation. In Medical Jurisprudence. The Time During Which A Female, Who Has Conceived, Carries The Embryo Or Foetus In Her Uterus. This Directly Involves The Duration Of Preg Nancy, Questions Concerning Which Most Fre Quently Arise In Cases Of Contested Legitima Cy. The Descent Of Property And Peerage May ...

Utter Barrister
Utter Barrister. Vacation Bdrriater. A Counsellor Newly Called To The Bar, Who Is To Attend For Sev Eral Long Vacations The Exercises Of The House. In The Old Books, Barristers Are Called Apprentices, Apprentitii Ad Legein, Or Ad Barras (from Which The Term Barrister Was Derived), Being Looked Upon As ...

Vaccination
Vaccination. State-supported Facili Ties For Vaccination Began In England In 1808 With The National Vaccine Establishment. In 1840 Vaccination Fees Were Made Payable Out Of The Rates. The First Compulsory Act Was Passed In 1853, The Guardians Of The Poor Being Intrusted With The Carrying Out Of The Law. In ...

Vagrant Act
Vagrant Act. In English Law. The Statute 5 Geo. Iv, C. 83, Which Is An Act For The Punishment Of Idle And Disorderly Per Sons. 2 Chit. Stat. 145. The Act Of 17 Geo. Ii Divided Vagrants Into Idle And Disorderly Persons (those Who Threatened To Run Away And Leave ...

Validity
Validity. The Homestead Laws In Some States Affect The Validity Of Wills By Making Void A Husband's Devise Of Homestead Land ; 3 Jarm. Wills (rand. & Tal. Ed.) 740. See Same Citation For Regulations In Various States As To Devises To Corporations, Or For Charitable Purposes. A Testator, By ...

Variance
Variance. A Disagreement Or Difference Between Two Parts Of The Same Legal Proceed Ing Which Ought To Agree Together. Varianc Es Are Between The Writ And The Declaration, And Between The Declaration, Or Bill In Equity, And The Evidence. Variance In Matter Of Substance Is Fatal To The Action ; ...

Vasectomy
Vasectomy. A Comparatively Simple And Painless Operation, Consisting Of The Re Moval Of A Small Part Of Each Vas Deferens Through Which The Semen Flows From The Tes Ticles To The Seminal Vesicles, Or A Tying Off Or Ligaturing Of The Same. It Effectively Steri Lizes The Male, But Does ...

Vendors Lien
Vendor's Lien. First In Importance Among Equitable Liens Is The Vendor's Lien For Unpaid Purchase Money. The Principle Upon Which It Rests Is That Where A Convey Ance Is Made Prematurely Before Payment Of The Price, The Purchase Money Is A Charge On The Estate In The Hands Of The ...

Venue L
Venue (l. Lat. Visnetum, Neighborhood. The Word Was Formerly Spelled Vise. Co. Litt. 125 A). The County In Which The Facts Are Alleged To Have Occurred, And From Which The Jury Are To Come To Try The Issue. Gould, Pl. C. 3, § 102; Mckenna V.' Fisk, 1 How: (u. ...

Verdict
Verdict. The Decision Made By A Jury And Reported To The Court On The Matters Law Fully Submitted To Them In The Course Of A Trial Of A Cause. A General Verdict Is One By Which The Jury Pronounce At The Same Time On The Facts And The Law, Either ...

Vessel
Vessel. A Ship, Brig, Sloop, Or Other Craft Used In Navigation. 1 Boulay-paty, Tit. 1, P. 100. The Term Is Rarely Applied To Any Watercraft Without A Deck ; U. S. V. Open Boat, 5 Mas. 120, Fed. Cas. No. 15967 ; But Has Been Used To Include Everything Capable ...

Vetitum Namium
Vetitum Namium (law Lat. Vetitum, Forbidden, Namium, Taking). Where Theball Iff Of A Lord Distrains Beasts Or Goods Of An Other, And The Lord Forbids The Bailiff To De Liver Them When The Sheriff Comes To Make Replevin, The Owner Of The Cattle May De Mand Satisfaction In Placitum De ...

Viability
Viability (from The French Vie). Capa Bility Of Living. A Term Used To Denote The Power A New-born Child Possesses Of Contin Uing Its Independent Existence; A Power Not Acquired As A Rule Before The Sixth Or Seventh Month Of Intrauterine Life. That A Child May Be Viable, It Is ...

Villein
Villein. The Villeins Are A Composite Class. They Are Made Up Of Those Slaves Which Were Known To The Anglo-saxon Law And Of Those Free Yet Dependent Cultivators Of The Soil Whose Tenure Was Defined By The Norman Lawyers To Be Unfree. These Diverse Classes Were Thrown Together By The ...

Virginia
Virginia. One Of The Thirteen Original United States. The Name Was Given To The Colony In Honor Of Queen Elizabeth. In 1606, James I. Granted Letters Patent Planting Colonies In Virginia. The Gov Ernment Prescribed Was That Each Should Have A Council, Consisting Of Thirteen Persons, Appointed By The King, ...

Visitation
Visitation. The Act Of Examining Into The Affairs Of A Corporation. The Power Of Visitation Is Applicable Only To Ecclesiastical And Eleemosynary Corpora Tions. 1 Bla. Com. 480. The Visitation Of Civil Corporations Is By The Government Itself, Through The Medium Of The Courts Of Justice. •see 2 Kent 240. ...

Vital Statistics
Vital Statistics. Public Records Kept By A State, City Or Other Governmental Subdi Vision, Under A Statutory Provision, Of Births, Marriages And Death's, And Disease. Certificates Required By Statute To Be Made By Officers May, As A Rule, Be Introduced In Evidence; Marlow V. School Dist. No. 4, 29 Okl. ...

Vociferous
Vociferous. In A Statute Forbidding The Use Of Loud And Vociferous Language, Mak Ing A Loud Outcry ; Clamorous ; Noisy. Webst.; Anderson V. State (tex.) 20 S. W. 359. D. That Which Has No Force Or Effect. This Word Is Often Used As In Effect Meaning "voidable" Only ; ...

Voir Dire
Voir Dire. A Preliminary Examination Of A Witness To Ascertain Whether He Is Com Petent. When A Witness Was Supposed To Have An Interest In The Cause, And Was Thereby Ex Cluded From Testifying, The Party Against Whom He Was Called Had The Choice To Prove Such Interest By Calling ...

Volenti Non Fit Injuria
Volenti Non Fit Injuria. A Maxim Meaning Literally : No One Can Enforce A Right Arising Out Of A Transaction Which He Has Voluntarily Assented To. It Applies To In Tentional Acts Which Would Otherwise Be Tor Tious ; Consent, For Example, To An Entry On Land Which Would Otherwise ...

Voluntary Conveyance
Voluntary Conveyance. A Convey Ance Without Any Valuable Consideration. Voluntary Conveyances Are Discussed Most Frequently With Reference To The Statutes 13 Eliz, C. 5 (for The Protection Of Creditors) And 27 Eliz. C. 4 (for The Protection Of Subsequent Purchasers). A Voluntary Conveyance, How Ever, Is Not Within These Statutes ...

Voluntary Exposure To Unneces
Voluntary Exposure To Unneces Sary Danger. Where The Insured Was Shot When Unarmed, In The Course Of An Alter Cation, It Was Held That There Could Be A Recovery, Though The Insured May Have Been The Aggressor, If He Had No Reason To Believe That His Opponent Was Armed. The ...

Voting Trust
Voting Trust. A Term Applied To The Accumulation In A Single Hand Or In A Few Hands Of Shares Of Corporate Stock, Belonging To Several Or Many Owners, In Order, Thereby, To Control The Business Of The Company. In Some Instances The Certificates Are Placed In The Hands Of A ...

Voyage
Voyage. In Maritime Law. The Passage Of A Ship Upon The Seas From One Port To Another, Or To Several Ports. The Term In Cludes The Enterprise Entered Upon And Not Merely The Route. Friend V. Ins. Co., 113 Mass. 326. The Actual Transit Of A Vessel From Port To ...

W Har Finger
W Har Finger. One Who Owns Or Keeps A Wharf For The Purpose Of Receiving And Shipping Merchandise To Or From It For Hire. A Wharfinger Stands In The Position Of An Ordinary Bailee For Hire, And Therefore, Like A Warehouseman, He Is Responsible For Ordi Nary Neglect, And Is ...

W Harfag E
W Harfag E. The Money Paid For Land Ing Goods Upon, Or Loading Them From, A Wharf. Dane, Abr. Index ; Sacramento V. The "new World," 4 Cal. 41. It May Be On An Artificial Or A Natural Landing; Sacramen To V. The "new World," 4 Cal. 41. Wharfingers In ...

Wager
Wager. A Bet ; A Contract By Which Two Parties Or More Agree That A Certain Sum Of Money, Or Other Thing, Shall Be Paid Or De Livered To One Of Them On The Happening Or Not Happening Of An Uncertain Event. See Merchants' S., L. & T. Co. V. ...

Wager Of Battle
Wager Of Battle. A Mode Of Trial Which Existed Among Almost All The German People And Was Introduced Into England By William The Conqueror. It Was Resorted To In Three Cases Only In The Court Martial Or Court Of Chivalry ; In Appeals Of Felony And Upon Approvements ; And ...

Wager Of Law
Wager Of Law. In Old Practice. An. Oath Taken By A Defendant In An Action Of Debt That He Does Not Owe The Claim, Support Ed By The Oaths Of Eleven Neighbors. When An Action Of Debt Is Brought Against A Man Upon A Eimple Contract, And The Defendant Pleads ...

Waiver
Waiver. Possession Is A Necessary Ele Ment Of Common-law Liens ; And If The Credi Tor Once Knowingly Parts With It After The Lien Attaches, The Lien Is Gone; Jordan V. James, 5 Ohio 88 ; 6 East 25, N.; Clemson T. Davidson, 5 Blnn. (pa.) 398; Bigelow V. Heaton, ...

Waiver_2
Waiver. The Relinquishment Or Refusal To Accept Of A Right. Cited Hecht V. Brandus, 4 Misc. 58, 23 N. Y. Supp. 1004. The Intentional Relinquishment Of A Known Right. Lehigh Val. R. Co. V. Ins. Co., 172 Fed. 364, 97 C. C. A. 62. The Intentional Relinquishment Of A Known ...

Wapentake
Wapentake. In Saxon Law. A Subdi Vision Of A Country, Used In Yorkshire, Lin Colnshire, Derbyshire And Nottinghamshire. 1 Poll. & Maitl. 543. It Was Called A Wapentake From Wagon, Arms, And Tao, To Touch ; Because When The Chief Of The Hun Dred Entered Upon His Office He Appeared ...

Wardship And Marriage
Wardship And Marriage. In Eng Lish Law. The Right Of The Lord Over The Per Son And Estate Of The Tenant When The Latter Was Under A Certain Age. Wardship Was Incident To A Tenure By Knight's Service (see Feudal Law), And To A Tenure In Socage; By The Latter ...

Warehouse
Warehouse. A Place Adapted To The Reception And Storage Of Goods And Merchan Dise. Owen V. Boyle, 22 Me. 47. A Radical Change Was Made In The Revenue Laws Of The United States By The Establish Ment, Under The Act Of Congress Of Aug. 6, 1846, Of The Warehousing System. ...

Warehouseman
Warehouseman. A Person Who Re Ceives Goods And Merchandise To Be. Stored In His Warehouse For Hire. He Is Not A Guar Antor Of The Title Of Property Placed In His Custody, Although His Receipts Therefor Are By Statute Negotiable; Mechanics' & T. Ins. Co. V. Klger, 103 U. S. ...

Wares Goods
Goods, Wares, And Merchandise. A Phrase Used In The Statute Of Frauds. Fix Tures Do Not Come Within It; 1 Cr. M. & R. 275. Growing Crops Of Potatoes, Corn, Tur Nips, And Other Annual Crops, Are Within It ; 4 M. & W. 347; Contra, 2 Taunt. 38. See ...

Warrant
Warrant. A Writ Issued By A Justice Of The Peace Or Other Authorized Officer, Directed To A Constable Or Other Proper Person, Re Quiring Him To Arrest A Person Therein Named, Charged With Committing Some Offence, And To Bring Him Before That Or Some Other Jus Tice Of The Peace. ...

Warrant Of Attorney
Warrant Of Attorney. An Instru Ment In Writing, Addressed To One Or More Attorneys Therein Named, Authorizing Them, Generally, To Appear In Any Court, Or In Some Specified Court, On Behalf Of The Person Giving It, And To Confess Judgment In Favor Of Some Particular Person Therein Named, In An ...

Warranty
Warranty. In Insurance. A Stipulation Or Agreement On The Part Of The Insured Par Ty, In The Nature Of A Condition. An Express Warranty Is A Particular Stipu Lation Introduced Into The Written Contract By The Agreement Of The Parties. An Implied Warranty Is An Agreement Which Necessarily Results From ...

Waste
Waste. Spoil Or Destruction, Done Or Per Mitted, To Lands, Houses, Or Other Corporeal Hereditaments, By The Tenant Thereof To The Prejudice Of The Heir Or Of Him In Reversion Or Remainder. "any Unauthorized Act Of A Tenant For A Freeehold Estate Not Of Inheritance, Or For Any Lessor Interest, ...

Wastel Code
Wastel. Code (lat. Codex, The Stock Or Stem Of A Tree—originally The Board Covered With Wax, On Which The Ancients Originally Wrote). A Body Of Law Established By The Legislative Authority Of The State, And Designed To Reg Ulate Completely, So Far As A Statute May, The Subject To Which ...

Water Company
Water Company. A Municipality Has No Implied Power, From The Mere Fact Of Its Creation, To Engage In The Business Of Supply Ing Its Citizens Water For Pay. It Cannot Do So Except By Virtue Of Express Legislative Au Thority. A Municipality Having Such Legisla Tive Authority, Which Has Entered ...

Waters
Waters. The Peculiar Nature Of Run Ning Water Was Referred To In One Of The Old Cases Holding That Ejectment Would Not Lie For A Water-course ; That Livery Could Not Be Made Of It, "for Non Moratur, But Is Ever Flowing," And Comparing Running Water To The Water In ...

Way
Way. A Passage, Street, Or Road. A Right Of Way Is 'the Privilege Which An Individual, Or A Particular Description Of Individuals, As The Inhabitants Of A Village Or The Owners Or Occupiers Of Certain Farms, Have Of Going Over Another's Ground. It Is An Incorporeal Hereditament Of A Real ...

Wedding
Wedding. In' The Teutonic Races, More Importance Was Attached To The Betrothal Than To The Subsequent Wedding.. The Former Seems To Have Been The Sale Of A Woman By Her Guardian For A Price. This Came To Be Represented By A Handsel, Which Was Not Paid Over Until The Wedding. ...

Weight
Weight. A Quality In Natural Bodies By Which They Tend Towards The Centre Of The Earth. Under The Police Power, Weights And Meas Ures May Be Established And Dealers Compel Led To Conform To The Fixed Standards Under A Penalty ; Cooley, Const. Lim. 749. By The Constitution Congress Has ...

Wharf
Wharf. A Space Of Ground Artificially Prepared For The Reception Of Merchandise From A Ship Or Vessel, So As To Promote The Convenient Loading And Discharge Of Such Vessel. A Wharf Occupied By A Ferry Company, To Which Access Can Only Be Had Through A Gate Controlled By The Ferry ...

White Person
White Person. As Used In The Natural Ization Laws, A Person Of The Caucasian Race. In Re Ah Yup, 5 Sawy. 155, Fed. Cas. No. 104. It Does Not Include A Mongolian ; Id.; It Includes A Person Nearer White Than Black Or Red ; Jeffries V. Ankeny, 11 Ohio ...

White Slave
White Slave. A Term Used In The Unit Ed States Compiled Statutes And In Common Talk (though Not Very Appropriately) To Indi Cate Offences Under The Federal Act Of June 25, 1910, Prohibiting The "transportation In Interstate And Foreign Commerce For Immoral Purposes Of Women And Girls." It Makes It ...

Who May Be
Who May Be. Genera/ Rule. Persons Who Have The Legal Capacity To Make Other Con Tracts May Enter Into That Of Partnership; Lind. Part. *77; 1 Col. Part. § 11; Pars. Part. § 14; Gilmore, Partn. 77. Aliens. An Alien Friend May Be A Part Ner ; Lind. Part. *78 ...

Will
Will. The Disposition Of One's Property, To Take Effect After Death. Swinb. Wills Pt. 1, § 2; Godolphin Pt. 1, C. 1, S. 2. The Term Will, As An Expression Of The Final Dispo Sition Of One's Property, Is Confined To The English Laws And Those Countries Which Derive Their ...

Window
Window. An Opening Made In The Wall Of A House To Admit Light And Air, And To Enable Those Who Are In To Look Out. Cited In Hale V. Ins. Co., 46 Mo. App. 508. The Owner Has A Right To Make As Many Windows In His House, When Not ...

Wireless Telegraphy
Wireless Telegraphy. The Use Of Wireless Telegraphy In The Russo-japanese War, As A Means Of Transmitting Orders And Information, Gave Rise To Several Difficult Problems In The Relations Between Belliger Ents And Neutrals. In Consequence, The Con Vention Respecting The Rights And Duties Of Neutral Powers And Persons In War ...

Witena Gemot
Witena-gemot (spelled, Also, Wittena Gemot, Gewitena-gemote ; From The Saxon Wits, A Wise Man, Gemote, Assembly,—tbe Assembly Of Wise Men). The King's Council Of Wise Men. There Is Said To Be More Au Thority For This Short Form (witan) Than For Witena-gemdt (not Witendgemot). Pollock, In 1 Sel. Essays In ...

Withdrawing A Juror
Withdrawing A Juror. An Agree Ment Made Between The Parties In A Suit To Require One Of The Twelve Jurors Impanelled To Try A Cause To Leave The Jurybox ; The Act Of Leaving The Box By Such A Juror Is Also Called The Withdrawing A Juror. This Arrangement Usually ...

Witness
Witness (anglo-saxon Witan, To Know). One Who Testifies To What He Knows. One Who Testifies Under Oath To Something Which He Knows At First Hand. 1 Greenl. Ev. §§ 98, 328. One Who Is Called Upon To Be Present At A Transaction, As, A Wedding, Or The Making Of A ...

Women
Women. All The Females Of The Human Species. All Such Females Who Have Arrived At The Age Of Puberty. Mukeria Appeflatione Etiam Virgo Viri Poteme Continetur. Dig. 50. 16. 13. A Woman By The Fact Of Marriage Invests Herself With The Nationality Of Her Husband ; 13 Op. Att. Gen. ...

Woods And Forests
Woods And Forests. By Act Of March 3, 1891, And Subsequent Acts, The Secre Tary Of Agriculture Was Authorized To Make Provisions For The Protection Against Destruc Tion By Fire And Depredations Of The Public Forests And Forest Reservations And To Make Such Rules And Regulations And Establish Such Service ...

Workmens Compensation Acts
Workmen's Compensation Acts. Acts Regulating This Subject Have Been Passed In Arizona, California, Connecticut, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minne Sota, Nebraska, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Rhode Island, Texas, Washington, West Virginia, And Wisconsin. Congress Has Passed Acts Re Lating To The ...