Bouvier's Law Dictionary, 1856 Edition

From: Subject: Bouvier's Law Dictionary, 1856 Edition - Letter K Date: Tue, 1 May 2007 22:08:00 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0037_01C78C3D.2E9A5B30" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 This is a multi-part message in MIME format. ------=_NextPart_000_0037_01C78C3D.2E9A5B30 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Bouvier's Law Dictionary, 1856 Edition - Letter = K

Bouvier's Law Dictionary
1856 Edition

KENTUCKY. The name of one of the new states of the United = States of=20 America. 2. This state was formerly a part of Virginia, and the latter = state, by=20 an act of the legislature, passed December 18, 1789, "consented that the = district of Kentucky, within the jurisdiction of the said commonwealth, = and=20 according to its actual boundaries at the time of passing the act = aforesaid,=20 should be formed into a new state." By the act of congress of February. = 4, 1791,=20 1 Story's L. U. S. 168, congress consented that, after the first day of = June,=20 1792, the district of Kentucky should be formed into a new state, = separate from=20 and independent of the commonwealth of Virginia. And by the second = section it is=20 enacted, that upon the aforesaid first day of June, 1792, the said new = state, by=20 the name and style of the state of Kentucky shall be received and = admitted into=20 the Union, as a new and entire member of the United States of = America.

3. The constitution of this state was adopted August 17, 1799. The = powers of=20 the government are divided into three distinct departments, and each of = them is=20 confided to a separate body of magistracy, to wit: those which are = legislative,=20 to one; those which are executive, to another; and those which are = judicial, to=20 another.

4. - 1. The legislative power is vested in two distinct branches; the = one=20 styled the house of representatives, and the other the senate; and both=20 together, the general assembly of the commonwealth of Kentucky. 1. The = house of=20 representatives is elected yearly, and consists of not less than = fifty-eight,=20 nor more than one hundred members. 2. The members of the senate are = elected for=20 four years. The senate consists of twenty-four members, at least, and = for every=20 three members above fifty-eight which shall be added to the house of=20 representatives, one member shall be added to the senate.

5. - 2. The executive power is vested in a chief magistrate, who is = styled=20 the governor of the commonwealth of Kentucky. The governor is elected = for four=20 years. He is commander-in-chief of the army and navy of the = commonwealth, except=20 when called into actual service of the United States. He nominates, and, = with=20 the consent of the senate, appoints all officers, except those whose = appointment=20 is otherwise provided for. He is invested with the pardoning power, = except in=20 certain cases, as impeachment and treason. A lieutenant-governor is = chosen at=20 every election of governor, in the same manner, and to continue in = office for=20 the same time as the governor. He is ex officio, speaker of the senate, = and acts=20 as governor when the latter is impeached, or removed from office, or = dead, or=20 refuses to qualify, resigns, or is absent from the state.

6. - 3. The judicial power, both as to matters of law and equity, is = vested=20 in one supreme court, styled the court of appeals, and in such inferior = courts=20 as the general assembly may, from time to time, erect and establish. The = judges=20 hold their office during good behaviour.

KEY. An instrument made for shutting and opening a lock.

2. The keys of a house are considered as real estate, and descend to = the heir=20 with the inheritance. But see 5 Blackf. 417.

3. When the keys of a warehouse are delivered to a purchaser of goods = locked=20 up there, with a view of effecting a delivery of such goods, the = delivery is=20 complete. The doctrine of the civil law is the same. Dig. lib. 41, t. 1, = 1. 9,=20 6; and lib. 18, t. 1, 1. 74.

KEY, estates. A wharf at which to land goods from, or to load = them in=20 a vessel. This word is now generally spelled Quay, from the French, = quai.

KEYAGE. A toll paid for loading and unloading merchandise at a = key or=20 wharf.

KEELAGE. The right of demanding money for the bottom of ships = resting=20 in a port or harbor. The money so paid is also called keelage.

KEELS. This word is applied, in England, to vessels employed = in the=20 carriage of coals. Jacob, L. D.

KIDNAPPING. The forcible and unlawful abduction and conveying = away of=20 a man, woman, or child, from his or her home, without his or her will or = consent, and sending such person away, with an intent to deprive him or = her of=20 some right. This is an offence at common law.

KILDERKIN. A measure of capacity equal to eighteen gallons. = See=20 Measure.

KINDRED. Relations by blood.

2. Nature has divided the kindred of every one into three principal = classes.=20 1. His children, and their descendants. 2. His father, mother, and other = ascendants. 3. His collateral relations; which include, in the first = place, his=20 brothers and sisters, and their descendants and, secondly, his uncles, = cousins,=20 and other relations of either sex, who have not descended from a brother = or=20 sister of the deceased. All kindred then are descendants, ascendants, or = collaterals. A hushand or wife of the deceased, therefore, is not his or = her=20 kindred. 14 Ves. 372. Vide Wood's Inst. 50; Ayl. Parerg. 325; Dane's Ab. = h. t.;=20 Toll. Ex. 382, 8; 2 Chit. Bl. Com. 16, n. 59 Poth. Des Successions, c. = 1, art.=20 3.

KING. The chief magistrate of a kingdom, vested usually with = the=20 executive power. 2. The following table of the reigns of English and = British=20 kings and queens, commencing with the Reports, is added, to assist the = student=20 in many points of chronology.

							Accession.
 Henry III.............................................. 1216
 Edward I............................................... 1272
 Edward II.............................................. 1307
 Edward III............................................. 1307
 Richard II............................................. 1377
 Henry IV..............................................  1399
 Henry V...............................................  1413
 Henyv VI..............................................  1422
 Edward IV.............................................  1461
 Edward V..............................................  1483
 Richard III...........................................  1483
 Henry VII.............................................  1485
 Henry VIII............................................  1509
 Edward VI.............................................  1547
 Mary..................................................  1553
 Elizabeth.............................................  1558
 James I...............................................  1603
 Charles I.............................................  1625
 Charles II............................................  1660'
 James II..............................................  1685
 William III...........................................  1689
 Anne..................................................  1702
 George I..............................................  1714
 George II.............................................  1727
 George III............................................  1760
 George IV.............................................  1820
 William IV............................................  1830
 Victoria..............................................  1837

Vide article Reports.

KING'S BENCH. The name of the supreme court of law in England. = It is=20 so called because formerly the king used to sit there in person, the = style of=20 the court being still coram ipso rege, before the king himself. During = the reign=20 of a queen, it is called the Queen's Bench, and during the protectorate = of=20 Cromwell, it was called the Upper Bench. It consists of a chief justices = and=20 three other judges, who are, by their office, the principal coroners and = conservators of the peace. 3 Bl. Com. 41.

2. This court has jurisdiction in criminal matters, in civil causes, = and is a=20 supervisory tribunal to keep other jurisdictions within their proper = bounds.

3. - 1. Its criminal jurisdiction extends over all offenders, and not = only=20 over an capital offences but also over another misdemeanors of a public = nature;=20 it being considered the custos morum of the realm. Its jurisdiction is = so=20 universal that an act of parliament appointing that all crimes of a = certain=20 denomination shall be tried before certain judges, does not exclude the=20 jurisdiction of this court, without negative words. It may also proceed = on=20 indictments removed into that court out of the inferior courts by=20 certiorari.

4. - 2. Its civil jurisdiction is against the officers or ministers = of the=20 court entitled to its privilege. 2 Inst. 23; 4 Inst. 71; 2 Bulstr. 123. = And=20 against prisoners for trespasses. In these last cases a declaration may = be filed=20 against them in debt, covenant or account: and this is done also upon = the notion=20 of a privilege, because the common pleas could not obtain or procure the = prisoners of the king's bench to appear in their court.

5. - 3. Its supervisory powers extend, 1. To issuing writs of error = to=20 inferior jurisdictions, and affirming or reversing their judgments. 2. = To=20 issuing writs of mandamus to compel inferior officers and courts to = perform the=20 duties required of them by law. Bac. Ab. Court of King's Bench.

KINGDOM. A country where an officer called a king exercises = the powers=20 of government, whether the same be absolute or limited. Wolff, Inst. = Nat. 994.=20 In some kingdoms the executive officer may be a woman, who is called a=20 queen.

KINTLIDGE, merc. law. This term is used by merchants and = seafaring men=20 to signify a ship's ballast. Mere. Dict.

KIRBY'S QUEST. An ancient record remaining with the = remembrancer of=20 the English Exchequer, so called from being the inquest of John De = Kirby,=20 treasurer to Edward I.

KISSING. Kissing the bible is a ceremony used in taking the = corporal=20 oath, the object being, as the canonists say, to denote the assent of = the=20 witness to the oath in the form it is imposed. The witness kisses either = the=20 whole bible, or some portion of it; or a cross in some countries. See = the=20 cerermony explained in Oughton's Ord. Tit. Consitt. on Courts, part 3, = sect. 1,=20 3 Junkin on the Oath, 173, 180; 2 Evan's Pothier, 234.

KNAVE. A false, dishonest, or deceitful person. This = signification of=20 the word has arisen by a long perversion of its original meaning.

2. To call a man a knave has been held to be actionable. 1 Rolle's = Ab. 52; 1=20 Freem. 277.,

KNIGHT'S FEE, old Eng. law. An uncertain measure of land, but, = according to some opinions it is said to contain six hundred and eighty = acres.=20 Co. Litt. 69, a.

KNIGHT'S SERVICE, Eng. law. It was, formerly, a tenure of = lands. Those=20 who held by knight's service were called: milites qui per loricas terras = suas=20 defendunt;: soldiers who defend the country by their armor. The = incidents of=20 knight's service were. homage, fealty, warranty, wardship, marriage, = reliefs,=20 heriots, aids, escheats, and forfeiture. Vide Socage.

KNOWINGLY, pleadings. The word knowingly," or "well knowing," = will=20 supply the place of a positive averment in an indictment or declaration, = that=20 the defendant knew the facts subsequently stated; if notice or knowledge = be=20 unnecessarily stated, the allegation may be rejected as surplusage. Vide = Com.=20 Dig. Indictment, G 6; 2 Stra. 904; 2 East, 452; 1 Chit. Pl. *367; Vide=20 Scienter.

KNOWLEDGE. Information as to a fact. 2. Many acts are = perfectly=20 innocent when the party performing them is not aware of certain = circumstances=20 attending them for example, a man may pass a counterfeit note and be = guiltless,=20 if he did not know it was so he may receive stolen goods if he were not = aware of=20 the fact that they were stolen. In these and the like cases it is the = guilty=20 knowledge which makes the crime. See, as to the manner of proving guilty = knowledge, Archb. Cr. Pl. 110, 111. Vide Animal. Dog; Evidence = ignorance;=20 Scienter .

END OF VOLUME I.

Index

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