Bouvier's Law Dictionary, 1856 Edition

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Bouvier's Law Dictionary
1856 Edition

LABEL. A narrow slip of paper or parchment, affixed to a deed = or=20 writing hanging at or out of the same. This name is also given to an = appending=20 seal.

LABOR. Continued operation; work.

2. The labor and skill of one man is frequently used in a = partnership, and=20 valued as equal to the capital of another.

3. When business has been done for another, and suit is brought to = recover a=20 just reward, there is generally contained in the declaration, a count = for work=20 and labor.

4. Where penitentiaries exist, persons who have committed crimes are=20 condemned to be imprisoned therein at labor.

LACHES. This word, derived from the French lecher, is nearly=20 synonymous with negligence.

2. In general, when a party has been guilty of laches in enforcing = his right=20 by great delay and lapse of time, this circumstance will at common law=20 pre-judice, and sometimes operate in bar of a remedy which it is = discretionary=20 and not compulsory in the court to afford. In courts of equity, also = delay will=20 generally prejudice. 1 Chit. Pr. 786, and the cases there cited; 8 Com. = Dig.=20 684; 6 Johns. Ch. R. 360.

3. But laches may be excused from, ignorance of the party's rights; 2 = Mer. R.=20 362; 2 Ball & Beat. 104; from the obscurity of the transaction; 2 = Sch. &=20 Lef. 487; by the pendency of a suit; 1 Sch. & Lef. 413; and where = the party=20 labors under a legal disability, as insanity, coverture, infancy, and = the like.=20 And no laches can be imputed to the public. 4 Mass. Rep. 522; 3 Serg. = &=20 Rawle, 291; 4 Henn. & Munf. 57; 1 Penna. R. 476. Vide 1 Supp. to = Ves. Jr.=20 436; 2 Id. 170; Dane's Ab. Index, h. t.; 4 Bouv. Inst. n. 3911.

LADY'S FRIEND. The name of a functioner in the British house = of=20 commons. When the husband sues for a divorce, or asks the passage of an = act to=20 divorce him from his wife, he is required to make a provision for her = before the=20 passage of the act; it is the duty of the lady's friend to see that such = a=20 provision is made. Macq. on H. & W. 213. LAGA. The law; Magna = Carta;=20 hence Saxon-lage, Mercen-lage, Dane-lage, &c.

LAGAN.Goods tied to a buoy and cast into the sea are so = called. The=20 same as Ligan. (q.v.)

LAIRESITE. The name of a fine imposed upon those who committed = adultery or fornication. Tech. Dict. h. t.

LAITY. Those persons who do not make a part of the clergy. In = the=20 United States the division of the people into clergy and laity is not = authorized=20 by law, but is, merely conventional.

LAMB. A ram, sheep or ewe, under the age of one year. 4 Car. = & P.=20 216; S. C. 19 Eng. Com. Law Rep. 351.

LAND. This term comprehends any found, soil or earth = whatsoever, as=20 meadows, pastures, woods, waters, marshes, furze and heath. It has an = indefinite=20 extent upwards as well as downwards; therefore land, legally includes = all houses=20 and other buildings standing or built on it; and whatever is in a direct = line=20 between the surface and the centre of the earth, such as mines of metals = and=20 fossils. 1 Inst. 4 a; Wood's Inst. 120; 2 B1. Com. 18; 1 Cruise on Real = Prop.=20 58. In a more confined sense, the word land is said to denote "frank = tenement at=20 the least." Shepp. Touch. 92. In this sense, then, leaseholds cannot be = said to=20 be included under the word lands. 8 Madd. Rep. 635. The technical sense = of the=20 word land is farther explained by Sheppard, in his Touch. p. 88, thus: = "if one=20 be seised of some lands in fee, and possessed of other lands for years, = all in=20 one parish, and he grant all his lands in that parish (without naming = them) in=20 fee simple or for life; by this grant shall pass no, more but the lands = he hath=20 in fee simple." It is also said that land in its legal acceptation means = arable=20 land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. = 476; 20=20 Vin. Ab. 203.

2. Land, as above observed, includes in general all the buildings = erected=20 upon it; 9 Day, R. 374; but to this general rule there are some = exceptions. It=20 is true, that if a stranger voluntarily erect buildings on another's = land, they=20 will belong to the owner of the land, and will become a part of it; 16 = Mass. R.=20 449; yet cases are, not wanting where it has been decided that such an = erection,=20 under peculiar circumstances, would be considered as personal property. = 4 Mass.=20 R. 514; 8 Pick. R. 283, 402; 5 Pick, R. 487; 6 N. H. Rep. 555; 2 Fairf. = R. 371;=20 1 Dana, R. 591; 1 Burr. 144.

LAND MARK. A monument set up in order to ascertain the = boundaries=20 between two contiguous estates. For removing a land mark an action lies. = 1 Tho.=20 Co. Litt. 787. Vide Monuments.

LAND TENANT. He who actually possesses the land. He is = technically=20 called the terre-tenant. (q. v.)

LANDLORD. He who rents or leases real estate to another.

2. He is bound to perform certain duties and is entitled to certain = rights,=20 which will here be briefly considered. 1st. His obligations are, 1. To = perform=20 all the express covenants into which he has entered in making the lease. = 2. To=20 secure to the tenant the quiet enjoyment of the premises leased; but a = tenant=20 for years has no remedy against his landlord, if he be ousted by one who = has no=20 title, in that case the law leaves him to his remedy against the wrong = doer. Y.=20 B. 22 H. VI. 52 b, and 32 H. VI. 32 b; Cro. Eliz. 214; 2 Leon. 104; and = see Bac.=20 Ab. Covenant, B. But the implied covenant for quiet enjoyment may be = qualified,=20 and enlarged or narrowed according to the particular agreement of the = parties;=20 and a general covenant for quiet enjoyment does not extend to wrongful = evictions=20 or disturbances by a stranger. Y. B. 26 H. VIII. 3 b. 3. The landlord is = bound=20 by his express covenant to repair the premises, but unless he bind = himself by=20 express covenant the tenant cannot compel him to repair. 1 Saund. 320; 1 = Vent.=20 26, 44; 1 Sed. 429; 2 Keb. 505; 1 T. R. 812; 1 Sim. R. 146.

3. His rights are, 1. To receive the rent agreed upon, and to enforce = all the=20 express covenants into which the tenant may have entered. 2. To require = the=20 lessee to treat the premises demised in such manner that no injury be = done to=20 the inheritance, and prevent waste. 3. To have the possession of the = premises=20 after the expiration of the lease. Vide, generally, Com. L. & T., B. = 3, c.=20 1; Woodf. L. & T. ch. 10; 2 Bl. Com. by Chitty, 275, note; Bouv. = Inst.=20 Index, h. t.; 1 Supp. to Ves. Jr. 212, 246, 249; 2 Id. 232, 403; Com. = Dig.=20 Estate by Grant, G 1; 5 Com. Dig. tit. Nisi Prius Dig. page 553; 8 Com. = Dig.=20 694; Whart. Dig. Landlord & Tenant. As to frauds between landlord = and=20 tenant, see Hov. Pr. c. 6, p. 199 to 225.

LANGUAGE. The faculty which men possess of communicating their = perceptions and ideas to one another by means of articulate sounds. This = is the=20 definition of spoken language; but ideas and perceptions may be = communicated=20 without sound by writing, and this is called written language. By = conventional=20 usage certain sounds have a definite meaning in one country or in = certain=20 countries, and this is called the language of such country or countries, = as the=20 Greek, the Latin, the French or the English language. The law, too, has = a=20 peculiar language. Vide Eunom. Dial. 2; Technical.

2. On the subjugation of England by William the Conqueror, the French = Norman=20 language was substituted in all law proceedings for the ancient Saxon. = This,=20 according to Blackstone, vol. iii. p. 317, was the language of the = records,=20 writs and pleadings, until the time of Edward III. Mr. Stephen thinks = Blackstone=20 has fallen into an error, and says the record was, from the earliest = period to=20 which that document can be traced, in the Latin language. Plead. Appx. = note 14.=20 By the statute 36 Ed. III. st. 1, c. 15, it was enacted that for the = future all=20 pleas should be pleaded, shown, defended, answered, debated and judged = in the=20 English tongue; but be entered and enrolled in Latin. The Norman or law = French,=20 however, being more familiar as applied to the law, than any other = language, the=20 lawyers continued to employ it in making their notes of the trial of = cases,=20 which they afterwards published, in that barbarous dialect, under the = name of=20 Reports. After the enactment of this statute, on the introduction of = paper=20 pleadings, they followed in the language, as well as in other respects, = the=20 style of the records, which were drawn up in Latin. This technical = language=20 continued in use till the time of Cromwell, when by a statute the = records were=20 directed to be in English; but this act was repealed at the restoration, = by=20 Charles II., the lawyers finding it difficult to express themselves as = well and=20 as concisely in the vernacular as in the Latin tongue; and the language = of the=20 law continued as before till about the year 1730, when the statute of 4 = Geo. II.=20 c. 26, was passed. It provided that both the pleadings and the records = should=20 thenceforward be framed in English. The ancient terms and expressions = which had=20 been so long known in French and Latin were now literally translated = into=20 English. The translation of such terms and phrases were found to be = exceedingly=20 ridiculous. Such terms as nisi prius, habeas corpus, fieri facias, = mandamus, and=20 the like, are not capable of an English dress with any degree of = seriousness.=20 They are equally absurd in the manner they are employed in Latin, but = use and=20 the fact that they are in a foreign language has made the absurdity less = apparent.

3. By statute of 6 Geo. II., c. 14, passed two years after the last = mentioned=20 statute, the use of technical words was allowed to continue in the usual = language, which defeated almost every beneficial purpose of the former = statute.=20 In changing from one language to another, many words and technical = expressions=20 were retained in the new, which belonged to the more ancient language, = and not=20 seldom they partook of both; this, to the unlearned student, has given = an air of=20 confusion, and disfigured the language of the law. It has rendered = essential=20 also the study of the Latin and French languages. This perhaps is not to = be=20 regretted, as they are the keys which open to the ardent student vast = stores of=20 knowledge. In the United States, the records, pleadings, and all law = proceedings=20 are in the English language, except certain technical terms which retain = their=20 ancient French and Latin dress.

4. Agreements, contracts, wills and other instruments, may be made in = any=20 language, and will be enforced. Bac. Ab. Wills, D 1. And a slander = spoken in a=20 foreign language, if understood by those present, or a libel published = in such=20 language, will be punished as if spoken or written in the English = language. Bac.=20 Ab. Slander, D 3; 1 Roll. Ab. 74; 6 T. R. 163. For the construction of = language,=20 see articles Construction; Interpretation; and Jacob's Intr. to the Com. = Law=20 Max. 46.

5. Among diplomatists, the French language is the one commonly used. = At an=20 early period the Latin was the diplomatic language in use in Europe. = Towards the=20 end of the fifteenth century that of Spain gained the ascendancy, in = consequence=20 of the great influence which that country then exercised in Europe. The = French,=20 since the age of Louis XIV. has become the almost universal diplomatic = idiom of=20 the civilized world, though some states use their national language in = treaties=20 and diplomatic correspondence. It is usual in these cases to annex to = the papers=20 transmitted, a translation in the language of the opposite party; = wherever it is=20 understood this comity will be reciprocated. This is the usage of the = Germanic=20 confederation, of Spain, and of the Italian courts. When nations using a = common=20 language, as the United States and Great Britain, treat with each other, = such=20 language is used in their diplomatic intercourse.

Vide, generally, 3 Bl. Com. 323; 1 Chit., Cr. Law, *415; 2 Rey, = Institutions=20 Judiciaires de l'Angleterre, 211, 212.

LANGUIDUS, practice. The name of a return made by the sheriff, = when a=20 defendant whom he has taken by virtue of process is so dangerously sick = that to=20 remove him would endanger his life or health. In that case the officer = may and=20 ought unquestionably to abstain from removing him, and may permit him to = remain=20 even in his own house, in the custody of a follower, though not named in = the=20 warrant, he keeping the key of the house in his possession the officer = ought to=20 remove him as soon is sufficiently recovered. If there be a doubt as to = the=20 state of health of the defendant, the officer should require the = attendance and=20 advice of some respectable medical man, and require him, at the peril of = the=20 consequences of misrepresentation, to certify in writing whether it be = fit to=20 remove the party, or take him to prison within the county. 3 Chit. Pr. = 358. For=20 a form of the return of languidus, see 3 Chit. P. 249; T. Chit. Forms, = 53.

LAPSE, eccl. law. The transfer, by forfeiture, of a right or = power to=20 present or collate to a vacant benefice, from, a person vested with such = right,=20 to another, in consequence of some act of negligence of the former. Ayl. = Parerg.=20 331.

LAPSED LEGACY. One which is extinguished. The extinguishment = may take=20 place for various reasons. See Legacy, Lapsed.

2. A distinction has been made between a lapsed devise of real estate = and a=20 lapsed legacy of personal estate. The real estate which is lapsed does = not fall=20 into the residue, unless so provided by the will, but descends to the = heir at=20 law; on the contrary, personal property passes by the residuary clause = where it=20 is not otherwise disposed of. 2 Bouv. Inst. 2154-6.

LARCENY, crim. law. The wrongful and fraudulent taking and = carrying=20 away, by one person, of the mere personal goods, of another, from any = place,=20 with a felonious intent to convert them to his, the taker's use, and = make them=20 his property, without the consent of the owner. 4 Wash. C. C. R. = 700.

2. To constitute larceny, several ingredients are necessary. 1. The = intent of=20 the party must be felonious; he must intend to appropriate the property = of=20 another to his own use; if, therefore, the accused have taken the goods = under a=20 claim of right, however unfounded, he has not committed a larceny.

3. - 2. There must be a taking from the possession, actual or = implied, of the=20 owner; hence if a man should find goods, and appropriate them to his own = use, he=20 is not a thief on this account. Mart. and Yerg. 226; 14 John. 294; = Breese,=20 227.

4. - 3. There must be a taking against the will of the owner, and = this may be=20 in some cases, where he appears to consent; for example, if a man = suspects=20 another of an intent to steal his property, and in order to try him = leaves it in=20 his way, and he takes it, he is guilty of larceny. The taking must be in = the=20 county where the criminal is to be tried. 9 C. & P. 29; S. C. 38 E. = C. L. R.=20 23; Ry. & Mod. 349. But when the taking has been in the county or = state, and=20 the thief is caught with the stolen property in another county than that = where=20 the theft was committed, he may be tried in the county where arrested = with the=20 goods, as by construction of law, there is a fresh taking in every = county in=20 which the thief carries the stolen property.

5. - 4. There must be an actual carrying away, but the slightest = removal, if=20 the goods are completely in the power of the thief, is sufficient to = snatch a=20 diamond from a lady's ear, which is instantly dropped among the curls of = her=20 hair, is a sufficient asportation or carrying away.

6. - 5. The property taken must be personal property; a man cannot = commit=20 larceny of real estate, or of what is so considered in law. A familiar = example=20 will illustrate this; an apple, while hanging on the tree where it grew, = is real=20 estate, having never been separated from the freehold; it is not = larceny,=20 therefore, at common law, to pluck an apple from the tree, and = appropriate it to=20 one's own use, but a mere trespass; if that same apple, however, had = been=20 separated from the tree by the owner or otherwise, even by accident, as = if=20 shaken by the wind, and while lying on the ground it should be taken = with a=20 felonious intent, the taker would commit a larceny, because then it was = personal=20 property. In some states there are statutory provisions to punish the = felonious=20 taking of emblements or fruits of plants, while the same are hanging by = the=20 roots, and there the felony is complete, although the thing stolen is = not, at=20 common law, strictly personal property. Animals ferae naturae, while in = the=20 enjoyment of their natural liberty, are not the subjects of larceny; as, = doves;=20 9 Pick. 15; Bee. 3 Binn. 546. See Bee; 5 N. H. Rep. 203. At common law, = choses=20 in action are not subjects of larceny. 1 Port. 33.

7. Larceny is divided in some states, into grand and petit larceny = this=20 depends upon the value of the property stolen. Vide 1 Hawk, 141 to 250, = ch. 19;=20 4 Bl. Com. 229 to 250; Com. Dig. Justices, O 4, 5, 6, 7, 8; 2 East's P. = C. 524=20 to 791; Burn's Justice, Larceny; Williams' Justice, Felony; 3 Chitty's = Cr. Law,=20 917 to 992; and articles Carrying Away; Invito Domino; Robbery; Taking; = Breach,=20 6.

LARGE. Broad; extensive; unconfined. The opposite of strict, = narrow,=20 or confined. At large, at liberty.

LAS PARTIDAS. The name of a code of Spanish law; sometimes = called las=20 siete partidas, or the seven parts, from the number of its principal = divisions.=20 It is a compilation from the civil law, the customary law of Spain, and = the=20 canon law. Such of its provisions is are applicable are in force in = Louisiana,=20 Florida, and Texas.

LASCIVIOUS CARRIAGE, law of Connecticut. An offence, ill = defined,=20 created by statute, which enacts that every person who shall be guilty = of=20 lascivious carriage and behaviour, and shall be thereof duly convicted, = shall be=20 punished by fine, not exceeding ten dollars, or by imprisonment in a = common=20 gaol, not exceeding two months, or by fine and imprisonment, or both, at = the=20 discretion of the court. This law was passed at a very early period. = Though=20 indefinite in its terms, it has received a construction so limiting it, = that it=20 may be said to punish those wanton acts between persons of different = sexes, who=20 are not married to each other, that flow from the exercise of lustful = passions,=20 and which are not otherwise punished as crimes against chastity and = public=20 decency. 2 Swift's Dig. 343; 2 Swift's Syst. 331.

2. Lascivious carriage may consist not only in mutual acts of wanton = and=20 indecent familiarity between persons of different sexes, but in wanton = and=20 indecent actions against the will, and without the consent of one of = them, as if=20 a man should forcibly attempt to pull up the clothes of a woman. 5 Day, = 81.

LAST RESORT. A court of last resort, is one which decides, = definitely,=20 without appeal or writ of error, or any other examination whatever, a = suit or=20 action, or some other matter, which has been submitted to its judgment, = and over=20 which it has jurisdiction.

2. The supreme court is a court of last resort in all matters which = legally=20 come before it; and whenever a court possesses the power to decide = without=20 appeal or other examination whatever, a subject matter submitted to it, = it is a=20 court of last resort; but this is not to be understood as preventing an=20 examination into its jurisdiction, or excess of authority, for then the = judgment=20 of a superior does not try and decide so much whether the point decided = has been=20 so done according to law, as to try the authority of the inferior = court.

LAST SICKNESS. That of which a person died.

2. The expenses of this sickness are generally entitled to a = preference, in=20 payment of debts of an insolvent estate. Civ. Code of Lo. art. 3166; = Purd. Ab.=20 393.

3. To prevent impositions, the statute of frauds requires that = nuncupative=20 wills shall be made during the testator's last sickness. Rob. on Frauds, = 556; 20=20 John. R. 502.

LATENT, construction. That which is concealed; or which does = not=20 appear; for example, if a testator bequeaths to his cousin Peter his = white=20 horse; and at the time of making his will and at his death he had two = cousins=20 named Peter, and he owned two white horses, the ambiguity in this case = would be=20 latent, both as respects the legatee, and the thing bequeathed. Vide = Bac. Max.=20 Reg. 23, and article Ambiguity. A latent ambiguity can only be made to = appear by=20 parol evidence, and may be explained by the same kind of proof. 5 Co. = 69.

LATITAT, Eng. law. He lies hid. The name of a writ calling a = defendant=20 to answer to a personal action in the king's bench; it derives its name = from a=20 supposition that the defendant lurks and lies hid, and cannot be found = in the=20 county of Middlesex, (in which the said court is holden,) to be taken = there, but=20 is gone into some other county, and therefore requiring the sheriff to = apprehend=20 him in such other county. Fitz. N. B. 78.

LAUNCHES. Small vessels employed to carry the cargo of a large = one to=20 and from the shore; lighters. (q. v.)

2. The goods on board of a launch are at the risk of the insurers = till=20 landed. 5 N. S. 887. The duties and rights of the master of a launch are = the=20 same as those of the master of a lighter.

LAW. In its most general and comprehensive sense, law = signifies a rule=20 of action; and this term is applied indiscriminately to all kinds of = action;=20 whether animate or inanimate, rational or irrational. 1 Bl. Com. 38. In = its more=20 confined sense, law denotes the rule, not of actions in general, but of = human=20 action or conduct. In the civil code of Louisiana, art. 1, it is defined = to be=20 "a solemn expression of the legislative will." Vide Toull. Dr. Civ. Fr. = tit.=20 prel. s. 1, n. 4; 1 Bouv. Inst. n. 1-3.

2. Law is generally divided into four principle classes, namely; = Natural law,=20 the law of nations, public law, and private or civil law. When = considered in=20 relation to its origin, it is statute law or common law. When examined = as to its=20 different systems it is divided into civil law, common law, canon law. = When=20 applied to objects, it is civil, criminal, or penal. It is also divided = into=20 natural law and positive law. Into written law, lex scripta; and = unwritten law,=20 lex non scripta. Into law merchant, martial law, municipal law, and = foreign law.=20 When considered as to their duration, laws are immutable and arbitrary = or=20 positive; when as their effect, they are prospective and retrospective. = These=20 will be separately considered.

LAW, ARBITRARY. An arbitrary law is one made by the legislator = simply=20 because he wills it, and is not founded in the nature of things; such = law, for=20 example, as the tariff law, which may be high or low. This term is used = in=20 opposition to immutable.

LAW, CANON. The canon law is a body of Roman ecclesiastical = law,=20 relative to such matters as that church either has or pretends to have = the=20 proper jurisdiction over:

2. This is compiled from the opinions of the ancient Latin fathers, = the=20 decrees of general councils, and the decretal epistles and bulls of the = holy=20 see. All which lay in the same confusion and disorder as the Roman civil = law,=20 till about the year 1151, when one Gratian, an Italian monk, animated by = the=20 discovery of Justinian's Pandects, reduced the ecclesiastical = constitutions also=20 into some method, in three books, which he entitled Concordia = discordantium=20 canonum, but which are generally known by the name of Decretum Gratiani. = These=20 reached as low as the time of Pope Alexander III. The subsequent papal = decrees=20 to the pontificate of Gregory IX., were published in much the same = method, under=20 the auspices of that pope, about the year 1230, in five books, entiled=20 Decretalia Gregorii noni. A sixth book was added by Boniface VIII., = about the=20 year 1298, which is called Sextus decretalium. The Clementine = constitution or=20 decrees of Clement V., were in like manner authenticated in 1317, by his = successor, John XXII., who also published twenty constitutions of his = own,=20 called the Extravagantes Joannis, all of which in some manner answer to = the=20 novels of the civil law. To these have since been added some decrees of = the=20 later popes, in five books called Extravagantes communes. And all these=20 together, Gratian's Decrees, Gregory's Decretals, the Sixth Decretals, = the=20 Clementine Constitutions, and the Extravagants of John and his = successors, form=20 the Corpus juris canonici, or body of the Roman canon law. 1 Bl. Com. = 82;=20 Encyclop=C7die, Droit Canonique, Droit Public Ecclesiastique; Dict. de = Jurispr.=20 Droit Canonique; Ersk. Pr. L. Scotl. B. 1, t. 1, s. 10. See, in general, = Ayl.=20 Par. Jur. Can. Ang.; Shelf. on M. & D. 19; Preface to Burn's Eccl. = Law, by=20 Thyrwhitt, 22; Hale's Hist. C. L. 26-29; Bell's Case of a Putative = Marriage,=20 203; Dict. du Droit Canonique; Stair's Inst. b. 1, t. 1, 7.

LAW, CIVIL. The term civil law is generally applied by way of = eminence=20 to the civil or municipal law of the Roman empire, without distinction = as to the=20 time when the principles of such law were established or modified. In = another=20 sense, the civil law is that collection of laws comprised in the = institutes, the=20 code, and the digest of the emperor Justinian, and the novel = constitutions of=20 himself and some of his successors. Ersk. Pr. L. Scotl. B. 1, t. l, s. = 9; 6 L.=20 R. 494.

2. The Institutes contain the elements or first principles of the = Roman law,=20 in four books. The Digests or Pandects are in fifty books, and contain = the=20 opinions and writings of eminent lawyers digested in a systematical = method,=20 whose works comprised more than two thousand volumes, The new code, or=20 collection of imperial constitutions, in twelve books; which was a = substitute=20 for the code of Theodosius. The novels or new constitutions, posterior = in time=20 to the other books, and amounting to a supplement to the code, = containing new=20 decrees of successive emperors as new questions happened to arise. These = form=20 the body of the Roman law, or corpus juris civilis, as published about = the time=20 of Justinian.

3. Although successful in the west, these laws were not, even in the = lifetime=20 of the emperor universally received; and after the Lombard invasion they = became=20 so totally neglected, that both the Code and Pandects were lost till the = twelfth=20 century, A. D. 1130; when it is said the Pandects were accidentally = discovered=20 at Amalphi, and the Code at Ravenna. But, as if fortune would make an = atonement=20 for her former severity, they have since been the study of the wisest = men, and=20 revered as law, by the politest nations.

4. By the term civil law is also understood the particular law of = each=20 people, opposed to natural law, or the law of nations, which are common = to all.=20 Just. Inst. l. 1, t. 1, =A71, 2; Ersk. Pr. L. Scot. B. 1, t. 1, s. 4. In = this=20 sense it, is used by Judge Swift. See below.

5. Civil law is also sometimes understood as that which has emanated = from the=20 secular power opposed to the ecclesiastical or military.

6. Sometimes by the term civil law is meant those laws which relate = to civil=20 matters only; and in this sense it is opposed to criminal law, or to = those laws=20 which concern criminal matters. Vide Civil.

7. Judge Swift, in his System of the Laws of Connecticut, prefers the = term=20 civil law, to that of municipal law. He considers the term municipal to = be too=20 limited in its signification. He defines civil law to be a rule of human = action,=20 adopted by mankind in a state of society, or prescribed by the supreme = power of=20 the government, requiring a course of conduct not repugnant to morality = or=20 religion, productive of the greatest political happiness, and = prohibiting=20 actions contrary thereto, and which is enforced by the sanctions of = pains and=20 penalties. 1 Sw. Syst. 37. See Ayl. Pand. B. 1, t. 2, p. 6.

See, in general, as to civil law, Cooper's Justinian the Pandects; 1 = Bl. Com.=20 80, 81; Encyclop=C7die, art. Droit Civil, Droit Romain; Domat, Les Loix = Civiles;=20 Ferriere's Dict.; Brown's Civ. Law; Halifax's Analys. Civ. Law; Wood's = Civ. Law;=20 Ayliffe's Pandects; Heinec. Elem. Jur.; Erskine's Institutes; Pothier; = Eunomus,=20 Dial. 1; Corpus Juris Civilis; Taylor's Elem. Civ. Law.

LAW, COMMON. The common law is that which derives its force = and=20 authority from the universal consent and immemorial practice of the = people. It=20 has never received the sanction of the legislature, by an express act, = wbich is=20 the criterion by which it is distinguished from the statute law. It has = never=20 been reduced to writing; by this expression, however, it is not meant = that all=20 those laws are at present merely oral, or communicated from former ages = to the=20 present solely by word of mouth, but that the evidence of our common law = is=20 contained in our books of Reports, and depends on the general practice = and=20 judicial adjudications of our courts.

2. The common law is derived from two sources, the common law of = England, and=20 the practice and decision of our own courts. In some states the English = common=20 law has been adopted by statute. There is no general rule to ascertain = what part=20 of the English common law is valid and binding. To run the line of = distinction,=20 is a subject of embarrassment to courts, and the want of it a great = perplexity=20 to the student. Kirb. Rep. Pref. It may, however, be observed generally, = that it=20 is binding where it has not been superseded by the constitution of the = United=20 States, or of the several states, or by their legislative enactments, or = varied=20 by custom, and where it is founded in reason and consonant to the genius = and=20 manners of the people.

3. The phrase "common law" occurs in the seventh article of the = amendments of=20 the constitution of the United States. "In suits at common law, where = the value=20 in controversy shall not exceed twenty dollar says that article, "the = right of=20 trial by jury shall be preserved. The "common law" here mentioned is the = common=20 law of England, and not of any particular state. 1 Gallis. 20; 1 Bald. = 558; 3=20 Wheat. 223; 3 Pet. R. 446; 1 Bald. R. 554. The term is used in = contradistinction=20 to equity, admiralty, and maritime law. 3 Pet. 446; 1 Bald. 554.

4. The common law of England is not in all respects to be taken as = that of=20 the United States, or of the several states; its general principles are = adopted=20 only so far as they are applicable to our situation. 2 Pet, 144; 8 Pet. = 659; 9=20 Cranch, 333; 9 S. & R. 330; 1 Blackf 66, 82, 206; Kirby, 117; 5 Har. = &=20 John. 356; 2 Aik. 187; Charlt. 172; 1 Ham. 243. See 5 Cow. 628; 5 Pet. = 241; 1=20 Dall. 67; 1 Mass. 61; 9 Pick. 532; 3 Greenl. 162; 6 Greenl. 55; 3 Gill = &=20 John. 62; Sampson's Discourse before the Historical Society of New York; = 1=20 Gallis. R. 489; 3 Conn. R. 114; 2 Dall. 2, 297, 384; 7 Cranch, R. 32; 1 = Wheat.=20 R. 415; 3 Wheat. 223; 1 Blackf. R. 205; 8 Pet. R. 658; 5 Cowen, R. 628; = 2 Stew.=20 R. 362.

LAW, CRIMINAL. By criminal law is understood that system of = laws which=20 provides for the mode of trial of persons charged with criminal = offences,=20 defines crimes, and provides for their punishments.

LAW, FOREIGN. By foreign laws are understood the laws of a = foreign=20 country. The states of the American Union are for some purposes foreign = to each=20 other, and the laws of each are foreign in the others. See Foreign = laws.

LAW, INTERNATIONAL. The law of nature applied to the affairs = of=20 nations, commonly called the law of nations, jus gentium; is also called = by some=20 modern authors international law. Toullier, Droit Francais, tit. rel. = =A712. Mann.=20 Comm. 1; Bentham. on Morals, &c., 260, 262; Wheat. on Int. Law; = Foelix, Du=20 Droit Intern. Priv=C7, n. 1.

LAW, MARTIALMartial law is a code established for the = government of=20 the army and navy of the United States.

2. Its principal rules are to be found in the articles of war. (q. = v.) The=20 object of this code, or body of regulations is to, maintain that order = and=20 discipline, the fundamental principles of which are a due obedience of = the=20 several ranks to their proper officers, a subordination of each rank to = their=20 superiors, and the subjection of the whole to certain rules of = discipline,=20 essential to their acting with the union and energy of an organized = body. The=20 violations of this law are to be tried by a court martial. (q. v.)

3. A military commander has not the power, by declaring a district to = be=20 under martial law, to subject all the citizens to that code, and to = suspend the=20 operation of the writ of habeas corpus. 3 Mart. (Lo.) 531. Vide Hale's = Hist. C.=20 L. 38; 1 Bl. Com. 413; Tytler on Military Law; Ho. on C. M.; M'Arth. on = C. M.;=20 Rules and Articles of War, art. 64, et seq; 2 Story, L. U. S. 1000.

LAW, MERCHANT. A system of customs acknowledged and taken = notice of by=20 all commercial nations; and those customs constitute a part of the = general law=20 of the land; and being a part of that law their existence cannot be = proved by=20 witnesses, but the judges are bound to take notice of them ex officio. = See=20 Beawes' Lex Mercatoria Rediviva; Caines' Lex Mercatoria Americana; Com. = Dig.=20 Merchant, D; Chit. Comm. Law; Pardess. Droit Commercial; Collection des = Lois=20 Maritimes ant=C7rieure au dix huti=E4me si=E4cle, par Dupin; Capmany, = Costumbres=20 Maritimas; II Consolato del Mare; Us et Coutumes de la Mer; Piantandia, = Della=20 Giurisprudenze Maritina Commerciale, Antica e Moderna; Valin, = Commentaire sur=20 l'Ordonnance de la Marine, du Mois d'Ao=F1t, 1681; Boulay-Paty, Dr. = Comm.;=20 Boucher, Institutions au Droit Maritime.

LAW, MUNICIPAL. Municipal law is defined by Mr. Justice = Blackstone to=20 be "a rule of civil conduct prescribed by the supreme power in a state,=20 commanding what is right and prohibiting what is wrong." This definition = has=20 been criticised, and has been perhaps, justly considered imperfect. The = latter=20 part has been thought superabundant to the first; see Mr. Christian's = note; and=20 the first too general and indefinite, and too limited in its = signification to=20 convey a just idea of the subject. See Law, civil. Mr. Chitty defines = municipal=20 law to be "a rule of civil conduct, prescribed by the supreme power in a = state,=20 commanding what shall be done or what shall not be done." 1 Bl. Com. 44, = note 6,=20 Chitty's edit.

2. Municipal law, among the Romans, was a law made to govern a = particular=20 city or province; this term is derived from the Latin municipium, which = among=20 them signified a city which was governed by its own laws, and which had = its own=20 magistrates.

LAW OF NATIONS. The science which teaches the rights = subsisting=20 between nations or states, and the obligations correspondent to those = rights.=20 Vattel's Law of Nat. Prelim. =A73. Some complaints, perhaps not = unfounded, have=20 been made as to the want of exactness in the definition of this term. = Mann.=20 Comm. 1. The phrase "international law" has been proposed, in its stead. = 1=20 Benth. on Morals and Legislation, 260, 262. It is a system of rules = deducible by=20 natural reason from the immutable principles of natural justice, and = established=20 by universal consent among the civilized inliabitants of the world; = Inst. lib.=20 1, t. 2, =A71; Dig. lib. 1, t. 1, l. 9; in order to decide all disputes, = and to=20 insure the observance of good faith and justice in that intercourse = which must=20 frequently occur between them and the individuals belonging to each or = it=20 depends upon mutual compacts, treaties, leagues and agreements between = the=20 separate, free, and independent communities.

2. International law is generally divided into two branches; 1. The = natural=20 law of nations, consisting of the rules of justice applicable to the = conduct of=20 states. 2. The positive law of nations, which consist of, 1. The = voluntary law=20 of nations, derived from the presumed consent of nations, arising out of = their=20 general usage. 2. The conventional law of nations, derived from the = express=20 consent of nations, as evidenced in treaties and other international = compacts.=20 3. The customary law of nations, derived from the express consent of = nations, as=20 evidenced in treaties and other international compacts between = themselves.=20 Vattel, Law of Nat. Prel.

3. The various sources and evidence of the law of nations, are the=20 following:

1. The rules of conduct, deducible by reason from the nature of = society=20 existing among independent states, which ought to be observed among = nations.=20 2. The adjudication of international tribunals, such as prize courts = and=20 boards of arbitration. 3. Text writers of authority. 4. Ordinances or = laws of=20 particular states, prescribing rules for the conduct of their = commissioned=20 cruisers and prize tribunal's. 5. The history of the wars, = negotiations,=20 treaties of peace, and other matters relating to the public = intercourse of=20 nations. 6. Treaties of peace, alliance and commerce, declaring, = modifying, or=20 defining the pre-existing international law. Wheat. Intern. Law, pt. = 1, c. 1,=20 =A714.

4. The law of nations has been divided by writers into necessary and=20 voluntary; or into absolute and arbitrary; by others into primary and = secondary,=20 which latter has been divided into customary and conventional. Another = division,=20 which is the one more usually employed, is that of the natural and = positive law=20 of nation's. The natural law of nations consists of those rules, which, = being=20 universal, apply to all men and to all nations, and which may be deduced = by the=20 assistance of revelation or reason, as being of utility to nations, and=20 inseparable from their existence. The positive law of nations consists = of rules=20 and obligations, which owe their origin, not to the divine or natural = law, but=20 to human compacts or agreements, either express or unplied; that is, = they are=20 dependent on custom or convention.

5. Among the Romans, there were two sorts of laws of nations, namely, = the=20 primitive, called primarium, and the other known by the name of = secundarium. The=20 primarium, that is to say, primitive or more ancient, is properly the = only law=20 of nations which human reason suggests to men; as the worship of God, = the=20 respect and submission which children have for their parents, the = attachment=20 which citizens have for their country, the good faith which ought to be = the soul=20 of every agreement, and the like. The law of nations called secundarium, = are=20 certain usages which have been established among men, from time to time, = as they=20 have been felt to be necessary. Ayl. Pand. B. 1, t. 2, p. 6.

As to the law of, nations generally, see Vattel's Law of Nations; = Wheat. on=20 Intern. Law; Marten's Law of Nations; Chitty's Law of Nations; Puffend. = Law of=20 Nature and of Nations, book 3; Burlamaqui's Natural Law, part 2, c. 6;=20 Principles of Penal Law, ch. 13; Mann. Comm. on the Law of Nations; = Leibnitz,=20 Codex Juris Gentium Diplomaticus; Binkershoek, Quaestionis Juris = Publici, a=20 translation of the first book of which, made by Mr. Duponceau, is = published in=20 the third volume of Hall's Law Journal; Kuber, Droit des Gens Modeme de=20 I'Europe; Dumont, Corps Diplomatique; Mably, Droit Public de l'Europe; = Kent's=20 Comm. Lecture 1.

LAW OF NATURE. The law of nature is that which God, the = sovereign of=20 the universe, has prescribed to all men, not by any formal promulgation, = but by=20 the internal dictate of reason alone. It is discovered by a just = consideration=20 of the agreeableness or disagreeableness of human actions to the nature = of man;=20 and it comprehends all the duties which we owe either to the Supreme = Being, to=20 ourselves, or to our neighbors; as reverence to God, self-defence, = temperance,=20 honor to our parents, benevolence to all, a strict adherence to our = engagements,=20 gratitude, and the like. Erskines Pr. of L. of Scot. B. 1, t. 1, s. 1. = See Ayl.=20 Pand. tit. 2, p. 5; Cicer. de Leg. lib. 1.

2. The primitive laws of nature may be reduced to six, namely: 1. = Comparative=20 sagacity, or reason. 2. Self-love. 3. The attraction of the sexes to = each other.=20 4. The tendemess of parents towards their children. 5. The religious = sentiment.=20 6. Sociability.

3. - 1. When man is properly organized, he is able to discover moral = good=20 from moral evil; and the study of man proves that man is not only an=20 intelligent, but a free being, and he is therefore responsible for his = actions.=20 The judgment we form of our good actions, produces happiness; on the = contrary=20 the judgment we form of our bad actions produces unhappiness.

4. - 2. Every animated being is impelled by nature to his own = preservation,=20 to defend his life and body from injuries, to shun what may be hurtful, = and to=20 provide all things requisite to his existence. Hence the duty to watch = over his=20 own preservation. Suicide and duelling are therefore contrary to this = law; and a=20 man cannot mutilate himself, nor renounce his liberty.

5. - 3. The attraction of the sexes has been provided for the = preservation of=20 the human race, and this law condemns celibacy. The end of marriage = proves that=20 polygamy, (q. v.) and polyendry, (q. v.) are contrary to the law of = nature.=20 Hence it follows that the husband and wife have a mutual and exclusive = right=20 over each other.

6. - 4. Man from his birth is wholly unable to provide for the least = of his=20 necessities; but the love of his parents supplies for this weakness. = This is one=20 of the most powerful laws of nature. The principal duties it imposes on = the=20 parents, are to bestow on the child all the care its weakness requires, = to=20 provide for its necessary food and clothing, to instruct it, to provide = for its=20 wants, and to use coercive means for its good, when requisite.

7. - 5. The religious sentiment which leads us naturally towards the = Supreme=20 Being, is one of the attributes which belong to humanity alone; and its=20 importance gives it the rank of the moral law of nature. From this = sentiment=20 arise all the sects and different forms of worship among men.

8. - 6. The need which man feels to live in society, is one of the = primitive=20 laws of nature, whence flow our duties and rights; and the existence of = society=20 depends upon the condition that the rights of all shall be respected. On = this=20 law are based the assistance, succors and good offices which men owe to = each=20 other, they being unable to provide each every thing for himself.

LAW, PENAL. One which inflicts a penalty for a violation of = its=20 enactment.

>=20

Transfer interrupted!

as used in opposition to natural law, may = be=20 considered in a threefold point of view. 1. The universal voluntary law, = or=20 those rules which are presumed to be law, by the uniform practice of = nations in=20 general, and by the manifest utility of the rules themselves. 2. The = customary=20 law, or that which, from motives of convenience, has, by tacit, but = implied=20 agreement, prevailed, not generally indeed among all nations, nor with = so=20 permanent a utility as to become a portion of the universal voluntary = law, but=20 enough to have acquired a prescriptive obligation among certain states = so=20 situated as to be mutually benefited by it. 1 Taunt. 241. 3. The = conventional=20 law, or that which is agreed between particular states by express = treaty, a law=20 binding on the parties among whom such treaties are in force. 1 Chit. = Comm. Law,=20 28.

LAW, PRIVATE. An act of the legislature which relates to some = private=20 matters, which do not concern the public at large.

LAW, PROSPECTIVE. One which provides for, and regulates the = future=20 acts of men, and does not interfere in any way with what has past.

LAW, PUBLIC. A public law is one in which all persons have an=20 interest.

LAW, RETROSPECTIVE. A retrospective law is one that is to take = effect,=20 in point of time, before it was passed.

2. Whenever a law of this kind impairs the obligation of contracts, = it is=20 void. 3 Dall. 391. But laws which only vary the remedies, divest no = right, but=20 merely cure a defect in proceedings otherwise fair, are valid. 10 Serg. = &=20 Rawle, 102, 3; 15 Serg. & Rawle, 72. See Ex post facto.

LAW, STATUTE. The written will of the legislature, solemnly = expressed=20 according to the forms prescribed by the constitution; an act of the=20 legislature. See Statute.

LAW, UNWRITTEN, or lex non scripta. All the laws which do not = come=20 under the definition of written law; it is composed, principally, of the = law of=20 nature, the law of nations, the common law, and customs.

LAW, WRITTEN, or lex scripta. This consists of the = constitution of the=20 United States the constitutions of the several states the acts of the = different=20 legislatures, as the acts of congress, and of the legislatures of the = several=20 states, and of treaties. See Statute.

LAWFUL. That which is not forbidden by law. Id omne licitum = est, quod=20 non est legibus prohibitum, quamobrem, quod, lege permittente, fit, = poenam non=20 meretur. To be valid a contract must be lawful.

LAWLESS. Without law; without lawful control.

LAWS EX POST FACTO. Those which are made to punish actions = committed=20 before the existence of such laws, and which had not been declared = crimes by=20 preceding laws. Declar. of Rights, Mass. part 1, s. 24 Declar. of = Rights, Maryl.=20 art. 15. By the constitution of the United States and those of the = several=20 states, the legislatures are forbidden to pass ex post facto laws. = Const. U. S.=20 art. 1, s. 10, subd. 1.

2. There is a distinction between ex post facto laws and = retrospective laws;=20 every ex post facto law must necessarily be retrospective, but every=20 retro-spective law is not an ex post facto law; the former only are=20 prohibited.

3. Laws under the following circumstances are to be considered ex = post facto=20 laws, within the words and intents of the prohibition 1st. Every law = that makes=20 an act done before the passing of the law, and which was innocent when = done,=20 criminal, and punishes such action. 2d. Every law that aggravates a = crime, or=20 makes it greater than it was when committed. 3d. Every law that changes = the=20 punishment, and inflicts a greater punishment than the law annexed to = the crime=20 when committed. 4th. Every law that alters the legal rules of evidence = and=20 receives less, or different testimony, than the law required at the time = of the=20 commission of the offence, in order to convict the offender. 3 Dall. = 390.

4. The policy, the reason and humanity of the prohibition against = passing ex=20 post facto laws, do not extend to civil cases, to cases that merely = affect the=20 private property of citizens. Some of the most necessary acts of = legislation=20 are, on the contrary, founded upon the principles that private rights = must yield=20 to public exigencies. 3 Dall. 400; 8 Wheat. 89; see 1 Cranch, 109; 1 = Gall. Rep.=20 105; 9 Cranch, 374; 2 Pet. S. C. R. 627; Id. 380; Id. 523.

LAWS OF THE TWELVE TABLES. Laws of ancient Rome composed in = part from=20 those of Solon, and other Greek legislators, and in part from the = unwritten laws=20 or customs of the Romans. These laws first appeared in the year of Rome = 303,=20 inscribed on ten plates of brass. The following year two others were = added, and=20 the entire code bore the name of the Laws of the Twelve Tables. The = principles=20 they contained became the source of all the Roman law, and serve to this = day as=20 the foundation of the jurisprudence of the greatest part of Europe.

See a fragment of the Law of the twelve Tables in Coop. Justinian, = 656;=20 Gibbon's Rome, c. 44.

LAWS OF THE HANSE TOWNS. A code of maritime laws known as the = laws of=20 the Hanse towns, or the ordinances of the Hanseatic towns, was first = published=20 in German, at Lubec, in 1597. In an assembly of deputies from the = several towns=20 held at Lubec, these laws were afterwards, May 23, 1614, revised and = enlarged.=20 The text of this digest, and a Latin translation, are published with a=20 commentary by Kuricke; and a French translation has been given by = Cleirac.

LAWS OF OLERON, maritime law. A code of sea laws of deserved=20 celebrity. It was originally promulgated by Eleonor, duchess of Guienne, = the=20 mother of Richard the First of England. Returning from the Holy Land, = and=20 familiar with the maritime regulations of the Archipelago, she enacted = these=20 laws at Oleron in Guienne, and they derive their title from the place of = their=20 publication. The language in which they were originally written is the = Gascon,=20 and their first object appears to have been the commercial operations of = that=20 part of France only. Richard I., of England, who inherited the dukedom = of=20 Guienne from his mother, improved this code, and introduced it into = England.=20 Some additions were made to it by King John; it was prormulgated anew in = the=20 50th year of Henry III., and received its ultimate confirmation in the = 12th year=20 of Edward III. Brown's Civ. and Adm. Law, vol. ii. p. 40.

2. These laws are inserted in the beginning of the book entitled "Us = et=20 Coutumes de la Mer," with a very excellent commentary on each section by = Clairac, the learned editor. A translation is to be found in the = Appendix to 1=20 Pet. Adm. Dec.; Marsh. Ins. B. 1, c. 1, p. 16. See Laws of Wisbuy: Laws = of the=20 Hanse Towns; Code

LAWS OF WISBUY, maritime law. A code of sea laws established = by "the=20 merchants and masters of the magnificent city of Wisbuy." This city was = the=20 ancient capital of Gothland, an island in the Baltic sea, anciently much = celebrated for its commerce and wealth, now an obscure and = inconsiderable place.=20 Malyne, in his collection of sea laws, p. 44, says that the laws of = Oleron were=20 translated into Dutch by the people of Wisbuy for the use of the Dutch = coast. By=20 Dutch probably means German, and it cannot be denied that many of the = provisions=20 contained in the Laws of Wisbuy, are precisely the same as those which = are found=20 in the Laws of Oleron. The northern writers pretend however that they = are more=20 ancient than the Laws of Oleron, or than even the Consolato del Mare. = Clairac=20 treats this notion with contempt, and declares that at the time of the=20 promulgation of the laws of Oleron, in 1266, which was many years after = they=20 were compiled, the magnificent city of Wisbuy had not yet acquired the=20 denomination of a town. Be this as it may, these laws were for some = ages, and=20 indeed still remain, in great authority in the northern part of Europe. = "Lex=20 Rhodia navalis," says Grotius, "pro jure gentium, in illo mare = Mediteraneo=20 vigebat; sicut apud Gallium leges Oleronis, et apud omnes transrhenanos, = leges=20 Wisbuenses." Grotius de Jure bel. lib. 2, c. 3.

A translation of these laws is to be found in 1 Peter's Adm. Dee. = Appendix.=20 See Code; Laws of Oleron.

LAWS, RHODIAN, maritime. law. A code of laws adopted by the = people of=20 Rhodes, who had, by their commerce and naval victories, obtained the = sovereignty=20 of the sea, about nine hundred. years before the Christian era. There is = reason=20 to suppose this code has not been transmitted to posterity, at least not = in a=20 perfect state. A collection of marine constitutions, under the = denomination of=20 Rhodian Laws, may be seen in Vinnius, but they bear evident marks of a = spurious=20 origin. See Marsh. Ins. B. 1, c. 4, p. 15; this Dict. Code; Laws of = Oleron; Laws=20 of Wisbuy; Laws of the Hanse Towns.

LAWYER. A counsellor; one learned in the law. Vide = dttorney.

LEGACY. A bequest or gift of goods or chattels by testament. 2 = Bl.=20 Com. 512; Bac. Abr. Legacies, A. See Merlin, R=C7pertoire, mot Legs, s. = 1; Swinb.=20 17; Domat, liv. 4, t. 2, =A71, n. 1. This word, though properly = applicable to=20 bequests of personal estate only, has nevertheless been extended to = property not=20 technically within its import, in order to effectuate the intention of = the=20 testator, so as to include real property and annuities. 5 T. R. 716; 1 = Burr.=20 268; 7 Ves. 522; Id. 391; 2 Cain. R. 345. Devise is the term more = properly=20 applied to gifts of real estate. Godolph. 271.

2. As the testator is presumed at the time of making his will to be = inops=20 concilii, his intention is to, be sought for, and any words which = manifest the=20 intention to give or create a legacy, are sufficient. Godolph. 281, pt. = 3, c.=20 22, s. 21; Com. Dig. Chancery, 3 Y 4; Bac. Abr. Legacies, B 1.

3. Legacies are of different kinds; they may be considered as = general,=20 specific, and residuary. 1. A legacy is general, when it is so given as = not to=20 amount to a bequest of a specific part of a testator's personal estate; = as of a=20 sum of money generally, or out of the testator's personal estate, or the = like. 1=20 Rop. Leg. 256; Lownd. Leg. 10. A general legacy is relative to the = testator's=20 death; it is a bequest of such a sum or such a thing at that time, or a=20 direction to the executors, if such a thing be not in the testator's = possession=20 at that time, to procure it for the legatee. Cas. Temp. Talb. 227; Ambl. = 57; 4=20 Ves. jr. 675; 7 Ves. jr. 399.

4. - 2. A specific legacy is a bequest of a particular thing, or = money=20 specified and distinguished from all other things of the same kind; as = of a=20 particular horse, a particular piece of plate, a particular term of = years, and=20 the like, which would vest immediately, with the assent of the executor. = 1 Rop.=20 Leg. 149; Lownd. Leg. 10, 11; 1 Atk. 415. A specific legacy has relation = to the=20 time of making the will; it is a bequest of some particular thing in the = testator's possession at that time, if such a thing should be in the = testator's=20 possession at the time of his death. If it should not be in the = testator's=20 possession, the legatee has no claim. There are legacies of quantity in = the=20 nature of specific legacies, as of so much money with reference to a = particular=20 fund for their payment. Touchst. 433; Amb. 310; 4 Ves. 565; 3 Ves. & = Bea.=20 5.

5. This kind of legacy is so far general, and differs so much in = effect from=20 a specific one, that if the funds be called in or fail, the legatees = will not be=20 deprived of their legacies, but be permitted to receive them out of the = general=20 assets; yet the legacies are go far specific, that they will not be = liable to=20 abate with general legacies upon a deficiency of assets. 2 Ves. jr. 640; = 5 Ves.=20 jr. 206; 1 Meriv. 178.

6. - 3. A residuary legacy is a bequest of all the testator's = personal=20 estate, not otherwise effectually disposed of by his will. Lownd. Leg, = 10; Bac.=20 Abr. Legacies, I.

7. As to the interest given, legacies may be considered, as absolute, = for=20 life, or in remainder. 1. A legacy is absolute, when it is given without = condition, and is to vest immediately. See 2 Vern. 181; Ambl. 750; 19 = Ves. 86;=20 Lownd. 151; 2 Vern. 430; 1 Vern. 254; 5 Ves. 461; Com. Dig. Appendix, = Chancery=20 IX.

8. - 2. A legacy for life is sometimes given, with an executory = limitation=20 after the death of the tenant for life to another person; in this case, = the=20 tenant for life is entitled to the possession of the legacy, but when it = is of=20 specific article's, the first legatee must sign and deliver to the = second, an=20 inventory of the chattels expressing that they are in his custody for = life only,=20 and that afterwards they are to be delivered and remain to the use and = benefit=20 of the second legatee. 3 P. Wms. 336; 1 Atk. 471; 2 Atk. 82; 1 Bro. C. = C. 279; 2=20 Vern. 249. See 1 Rop. Leg. 404, 5, 580. It seems that a bequest for = life, if=20 specific of things quo ipso usu consumuntur, is a gift of the property, = and that=20 there cannot be a limitation over, after a life interest in such = articles. 3=20 Meriv. 194.

9. - 8. In personal property there cannot be a remainder in the = strict sense=20 of the word, and therefore every future bequest of personal property, = whether it=20 be preceded or not by any particular bequest, or limited on a certain or = uncertain event, is an executory bequest, and falls under the rules by = which=20 that mode of limitation is regulated. Fearne, Cont. R. 401, n. An = executory=20 bequest cannot be prevented or destroyed by any alteration whatsoever, = in the=20 estate, out of which, or after, which it is limited. Id. 421; 8 Co. 96, = a; 10=20 Co. 476. And this privilege of executory bequests, which exempts them = from being=20 barred or destroyed, is the foundation of an invariable rule, that the = event on=20 which an interest of this sort is permitted to take effect, is such as = must=20 happen within a life or lives in being, and twenty-one years, and the = fraction=20 of another year, allowing for the period of gestation afterwards. = Fearne, Cont.=20 R. 431.

10. As to the right acquired by the legatee, legacies may be = considered as=20 vested and contingent. 1. A vested legacy is one;, by which a certain = interest,=20 either present or future in possession, passes to the legatee. 2. A = contingent=20 legacy is one which is so given to a person, that it is uncertain = whether any=20 interest will ever vest in him.

11. A legacy may be lost by abatement, ademption, and lapse. I. = Abatement,=20 see Abatement of Legacies. 2. Ademption, see, Ademption. 3. When the = legatee=20 dies before the testator, or before the condition upon which the legacy = is given=20 be performed, or before the time at which it is directed to vest in = interest=20 have arrived, the legacy is lapsed or extinguished. See Bac. Abr. = Legacies, E;=20 Com. Dig. Chancery, 3 Y. 13; 1 P. Wms. 83; Lownd. Leg. ch. 12, p. 408 to = 415; 1=20 Rop. Leg. ch. 8, p. 319 to 341.

12. In Pennsylvania, by legislative enactment, no legacy in favor of = a child=20 or other lineal descendant of any testator, shall be deemed or held to = lapse or=20 become void, by reason of the decease of such devisee or legatee, in the = lifetime of the testator, if such devisee or legatee shall leave issue = surviving=20 the testator, but such devise or legacy shall be good and available, in = favor of=20 such surviving issue, with like effect, as if such devisee or legatee = had=20 survived the testator. The testator may however, intentionally exclude = such=20 survlving issue, or any of them. Act of March 19, 1810, 5 Smith's L. of = Pa.=20 112.

13. As to the payment of legacies, it is proper to consider out of = what fund=20 they are to be paid; at what time; and to whom. 1. It is a general rule, = that=20 the personal estate is the primary fund for the payment of legacies. = When the=20 real estate is merely charged with those demands, the personal assets = are to be=20 applied in the first place towards their liquidation. 1 Serg. & = Rawle, 453;=20 1 Rop. Leg. 463.

14. - 2. When legacies are given generally to persons under no = disability to=20 receive them, the payments ought to be made at the end of a year next = after the=20 testator's decease. 5 Binn. 475. The executor is not obliged to pay them = sooner=20 although the testator may have directed them to be discharged within six = months=20 after his death, because the law allows the executor one year from the = demise of=20 the testator, to ascertain and settle his testator's affairs; and it = presumes=20 that at the expiration of that period, and not before, all debts due by = the=20 estate have been satisfied, and the executor to be then able, properly = to apply=20 the residue among the legatees according to their several rights and=20 interests.

15. When a legacy is given generally, and is subject to a limitation = over=20 upon a subsequent event, the divesting contingency will not prevent the = legatee=20 from receiving his legacy at the end of the year after the testator's = death, and=20 he is under no obligation to give security for re-payment of the money, = in case=20 the event shall happen. The principle seems to be, that as the testator = has=20 entrusted him without requiring security, no person has authority to = require it.=20 1 Ves. Jr. 97; 18 Ves. 131; Lownd. on Legacies, 403.

16. As to the persons to whom payment to be made, see, where the = legacy is=20 given to an infant 1 Rop. Leg. 589 ;1 P. Wms. 285; 1 Eq. Cas. Abr. 300; = 3 Bro.=20 C. C. 97, edit. by Belt; 2 Atk. 80; 2 Johns. C. R. 614; where the legacy = is=20 given to a married woman; 1 Rop. Leg. 595; Lownd. Leg 399; where the = legacy is=20 given to a lunatic, 1 Rop. Leg. 599; where it is given to a bankrupt; = Id. 600; 2=20 Burr. 717.; where it is given to a person abroad, who has not been heard = of for=20 a long time. Id. 601 Finch, R. 419; 3 Bro. C. C. 510; 5 Ves. 458; Lownd. = Leg.=20 398. See, generally, as to legacies; Roper on Legacies; Lowndes on = Legacies;=20 Bac. Abr. Legacy; Com. Dig. Administration, C 3, 5; Id. Chancery, 3 A; 3 = G; 8 Y=20 1; Id. Prohibition, G 17; Vin. Abr. Devise; Id. Executor; Swinb. 17 to = 44; 2=20 Salk. 414 to 416.

17. By the Civil Code of Louisiana, legacies are divided into = universal=20 legacies, legacies under an universal title, and particular legacies. 1. = An=20 universal legacy is a testamentary disposition, by which the testator = gives to=20 one or several persons the whole of the property which he leaves; at his = decease. Civ. Code of Lo. art. 1599.

18. - 2. The legacy under an universal title, is that by which a = testator=20 bequeaths a certain proportion of the effects of which the law permits = him to=20 dispose, as a half, a third, or all his immovables, or all his movables, = or a=20 fixed proportion of all his immovables, or of all his movables. Id. = 1604.

19. - 3. Every legacy not included in the definition given of = universal=20 legacies, and legacies under a universal title, is a legacy under a = particular=20 title. Id. 1618. Copied from Code Civ. art. 1003 and 1010. See Toullier, = Droit=20 Civil Francais, tome 5, p. 482, et seq.

LEGACY, ACCUMULATIVE. An accumulative legacy is a second = bequest given=20 by the same testator to the same legatee, whether it be of the same kind = of=20 thing, as money, or whether it be of different things, as, one hundred = dollars,=20 in one legacy, and a thousand dollars in another, or whether the sums = are equal=20 or whether the legacies are of a different naturer 2 Rop. Leg. 19.

LEGACY, ADDITIONAL. An additional legacy is one which is given = by a=20 codicil, besides one before given by the will; or it is an increase by a = codicil=20 of a legacy before given by the will. An additional legacy is generally = subject=20 to the same qualities and conditions as the original legacy. 6. Mod. 31; = 2 Ves.=20 jr. 449; 3 Mer. 154; Ward on Leg. 142.

LEGACY, ALTERNATIVE. One where the testator gives one of two = things to=20 the legatee without designating which of them; as, one of my two horses. = Vide=20 Election.

LEGACY, CONDITIONAL. A bequest which is to take effect upon = the=20 happening or, not happening of a certain event. Lownd. Leg. 166; Rop. = Leg.=20 Index, tit. Condition.

LEGACY, DEMONSTRATIVE. A demonstrative legacy is a bequest of = a=20 certain sum of money; intended for the legatee at all events, with a = fund=20 particularly referred to for its payment; so that if the estate be not = the=20 testator's property at his death, the legacy will not fail: but be = payable out=20 of general assets. 1 Rop. Leg. 153; Lownd. Leg 85; Swinb. 485; Ward on = Leg.=20 370.

LEGACY, INDEFINITE. A bequest of things which are not = enumerated or=20 ascertained as to numbers or quantities; as, a bequest by a testator of = all his=20 goods, all his stocks in the funds. Lownd. on Leg. 84; Swinb. 485; Amb. = 641; 1=20 P. Wms. 697.

LEGACY, LAPSED. A legacy is said to be lapsed or extinguished, = when=20 the legatee dies before the testator, or before the condition upon which = the=20 legacy is given has been performed, or before the time at which it is = directed=20 to vest in interest has arrived. Bac. Ab. Legacy, E; Com. Dig. Chancery, = 3 Y 13;=20 1 P. Wms. 83. Lownd. Leg. 408 to 415; 1 Rop. Leg. 319 to 341. See, as to = the law=20 of Pennsylvania in favor of lineal descendants, 5 Smith's Laws of Pa. = 112. Vide,=20 generally, 8 Com. Dig. 502-3; 5 Toull. n. 671.

LEGACY, M0DAL. A modal legacy is a bequest accompanied with = directions=20 as to the mode in which it should be applied for the legatee's benefit; = for=20 example, a legacy to Titius to put him an apprentice. 2 Vern. 431; = Lownd. Leg.=20 151.

LEGACY, PECUNIARY, A pecuniary legacy is one of money; = pecuniary=20 legacies are most usually general legacies, but there may be a specific=20 pecuniary legacy; for example, of the money in a certain bag. 1 Rop. = Leg. 150,=20 n.

LEGACY, RESIDUARY. That which is of the remainder of an estate = after=20 the payment of all the debts and other legacies. Madd. Ch. P. 284.

LEGAL. That which is according to law. It is used in = opposition to=20 equitable, as the legal estate is, in the trustee, the equitable estate = in the=20 cestui que trust. Vide Powell on Mortg. Index, h. t.

2. The party who has the legal title, has alone the right to seek a = remedy=20 for a wrong to his estate, in a court of law, though he may have no = beneficial=20 interest in it. The equitable owner, is he who has not the legal estate, = but is=20 entitled to the beneficial interest.

3. The person who holds the legal estate for the benefit of another, = is=20 called a trustee; he who has the beneficiary interest and does not hold = the=20 legal title, is called the beneficiary, or more technically, the cestui = que=20 trust.

4. When the trustee has a claim, he must enforce his right in a court = of=20 equity, for he cannot sue any one at law, in his own name; 1 East, 497; = 8 T. R.=20 332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue = his own=20 trustee. 1 East, 497.

LEGAL ESTATE. One, the right to which may be enforced in a = court of=20 law. It is distinguished from an equitable estate, the rights to which = can be=20 established only in a court of equity. 2 Bouv. Inst. n. 1688.

LEGALIZATION. The act of making lawful.

2. By legalization, is also understood the act by which a judge or = competent=20 officer authenticates a record, or other matter, in order that the same = may be=20 lawfully read in evidence. Vide Authentication.

LEGATES. Legates are extraordinary ambassadors sent by the = pope to=20 catholic countries to represent him, and to exercise his jurisdiction. = They are=20 distinguished from the ambassadors of the pope who are sent to other = powers.

2. The canonists divide them into three kinds, namely: 1. Legates A = latere.=20 2. Legati missi. 3. Legati nati.

3. - 1. Legates latere hold the first rank among those who are = honored by a=20 legation; they are always chosen from the college of cardinals, and are = called a=20 latere, in imitation of the magistrates of ancient Rome, who were taken = from the=20 court, or side of the emperor.

4. - 2. The legati missi are simple envoys.

5. - 3. The legati nati, are those who are entitled to be legates by=20 birth.

LEGATEE. A legatee is a person to whom a legacy is given by a = last=20 will and testament.

2. It is proposed to consider, 1. Who may be a legatee. 2. Under what = description legatees may take.

3. - 1. Who may be a legatee. In general, every person may be a = legatee. 2=20 Bl. Com. 512. But a person civilly dead cannot take a legacy.

II. Under what description legatees may take.

4. - =A71. Of legacies to legitimate children. 1. When it appears = from express=20 declaration, or a clear inference arising upon the face of the will, = that a=20 testator in giving a legacy to a class of individuals generally, = intended to=20 apply the terms used by him to such persons only as answered the = description at=20 the date of the instrument, those individuals alone will be entitled, = although=20 if no such intention had been expressed, or appeared in the will, every = person=20 failing within that class at the testator's death, would have been = included in=20 the terms of the bequest. 1 Meriv. 320; and see 3 Ves. 611; Id. 609; 15 = Ves.=20 363; Ambl. 397; 2 Cox, 291; 4 Bro. C. C. 55; 3 Bro. C. C. 148; 2 Cox, = 384.

5. - 2. Where a legacy is given to a class of individuals, as to = children, in=20 general terms, and no period is appointed for the distribution of it, = the legacy=20 is due at the death of the testator; the payment of it being merely = postponed to=20 the end of a year after that event, for the convenience of the executor = or=20 administrator in administering the assets. The rights of the legatees = are=20 finally settled, and determined at the testator's decease. 1 Ball & = B. 459;=20 2 Murph. 178. Upon this principal, is founded the well established rule = that=20 children in existence at that period, or legally considered so to be, = are alone=20 entitled to participate in the bequest. 1 Bro. C. C. 532, n.; 2 Bro. C. = C. 658;=20 2 Cox, 190.; 1 Dick. 344; 14 Ves. 576; 1 Ves. jr. 405; 1 Cox, 68; 3 Bro. = C. C.=20 391; Amb. 448; 1 Ves. sen. 485; 5 Binn. 607.

6. - 3. A child in ventre sa mere takes a share in a fund bequeathed = to=20 children, under the general description of "children," or of "children = living at=20 the testator's death." 1 Ves. sen. 85; and see 1 P. Wms. 244, 341; 2 = Bro. C. C.=20 63; 1 Salk. 229; 2 Cox, 425; 5 Serg. & Rawle, 38. See tit. In ventre = sa=20 mere.

7. - 4. When legacies are given to a class of individuals, generally, = payable=20 at a future period, as to the children of B, when the youngest shall = attain the=20 age of twenty-one, or to be divided among them upon the death of C; any = child=20 who can entitle itself under the description, at the time when the fund = is to be=20 divided, may claim a share, viz: as well children living at the period = of=20 distribution, although not born till after the testator's death, as = those born=20 before, and living at the happening of that event. 1 Supp. to Ves. jr. = 115, note=20 3, to Hill v. Chapman; 2 Supp. to Ves. jr. 157, note 1, to Lincoln v. = Pelham.=20 This general rule may be divided into two branches. First, when the = division of=20 the fund is postponed until a child or children attain a particular age; = as,=20 when a legacy is given to the children of A, at the age of twenty-one; = in that=20 case, so soon as the eldest arrives at that period, the fund is = distributable=20 among so many as are in existence at that time; and no child born = afterwards can=20 be admitted to a share, because the period of division fixes the number = of=20 legatees. Distribution is then made, and nothing remains for future = partition. 1=20 Ball & Beat. 459; 3 Bro. C. C. 402; 5 Binn. 607; 2 Ves. jr. 690; 3 = Ves. 730;=20 3 Bro. C. C. 352, ed. by Belt; 14 Ves. 256; 6 Ves. 345; 10 Ves. 152; 11 = Ves.=20 238. Second, when the distribution of the fund is deferred during the = life of a=20 person in esse. In these cases, when the enjoyment of the thing given, = is by the=20 testator's express declaration not to be immediate by those, among whom = it is to=20 be finally divided, but is postponed to a particular period, as the = death of A,=20 then the children or individuals who answer the general description at = that=20 time, when distribution is to be made, are entitled to take, in = exclusion of=20 those afterwards coming in esse. 1 Ves. sen. 111; 1 Bro. C. C. 386; Id. = 530; Id.=20 582; Id. 537; 1 Atk. 509; 2 Atk. 329; 5 Ves. 136; 3 Bro. C. C. 417; 1 = Cox, 327;=20 8 Ves. 375; 15 Ves. 122; 1 Madd. R. 290; 1 Ball & Beat. 449.

8. - 5. The word "children " does not, ordinarily and properly = speaking,=20 comprehend grandchildren or issue generally; these are included in that = term=20 only in two cases, namely, 1. From necessity, which occurs where the = will would=20 remain inoperative unless the sense of the word "children" were extended = beyond=20 its natural import; and, 2. Where the testator has shown by other words, = that he=20 did not intend to use the term children in its proper and actual = meaning, but in=20 a more extended sense. 1 Supp. to Ves. jr. 202, note 2, to Bristow v. = Ward. In=20 the following cases, the word children was extended beyond its natural = import=20 from necessity. 6 Rep. 16; 10 Ves. 201; 2 Desauss. 123, in note. The = following=20 are instances where by using the words children and issue, = indiscriminately, the=20 testator showed his intention to use the former term in the sense of = issue so as=20 to entitle grandchildren, &c. to take. 1 Ves. sen. 196; S. C. Ambl. = 555; 3=20 Ves. 258; 3 Ves. & Bea. 68; 4 Ves. 437; 2 Supp. to Ves. jr. 158. = There is=20 another class of cases wherein it was determined that grandchildren, = &c.=20 were not included in the word children. 2 Vern. 107; 4 Ves. 692; 10 Ves. = 195; 3=20 Ves. & Bea. 59; see 2 Desauss. 308.

9. - =A72. Of legacies to natural children. 1. Natural children = unborn at the=20 date of the will, cannot take under a bequest to the children generally, = or to=20 the illegitimate children of A B by Mary C; because a natural child = cannot take=20 as the issue of a particular person, until it has acquired the = reputation of=20 being the child of that person, which cannot be before its birth. Co, = Litt. 3,=20 b.

10. - 2. Natural children, unborn at the date of the will and = described as=20 children of the testator or another man, to be born of a particular = woman,=20 cannot take under such a description. 1 Peere, Wms. 529; 18 Ves. = 288.

11. - 3. A legacy to an illegitimate child in ventre sa mere, = described as=20 the child of the testator or of another man, will fail, since whether = the=20 testator or such person were or were not in truth the father, is a fact = which=20 can only be ascertained by evidence that public policy forbids to be = admitted. 1=20 Meriv. 141 to 152.

12. - 4. A child in ventre sa mere described merely as a child with = which the=20 mother is enceinte, without mentioning its putative father; or if the = testator=20 express a belief that the child is his own, and provide for it under = that=20 impression, regardless of the chance of being mistaken; then the child = will in=20 the first place be capable of taking and in the second, as presumed, be = also,=20 entitled in consequence of the testator's intent to provide for it, = whether he=20 be the father or not. 1 Meriv. 148, 152.

13. - 5. Natural children in existence, having acquired by reputation = the=20 name and character of children of a particular person, prior to the date = of the=20 will, are capable of taking under the name of children. 1 P. Wms. 529; 1 = Ves.=20 & Bea. 467. But the term child, son, issue, and every other word of = that=20 species, is to be considered as prima facie to mean legitimate child, = son, or=20 issue. Id.

14. - 6. Whether such children take or not depends upon the evidence = of the=20 testator's intention, manifested by the will, to include them in the = term=20 children; these cases are instances where the evidence of such intention = was=20 deemed insufficient. 5 Ves. 530; 1 Ves. & Bea. 454; 6 Ves. 43, 48; 1 = Ves.=20 & Bea. 4619; and see 1 Ves. & Bea. 456; 2 East, 530, 542. In the = following, the evidence of intention was held to be sufficient. 1 Ves. = &=20 Bea. 469; Blundell v. Dunn, cited in 1 Madd. 433; Beachcroft v. = Beachcroft,=20 cited in 1 Madd. 430; 2 Meriv. 419.

15. - =A73. Of legacies of personal estate to a man and his heirs. 1. = A legacy=20 to A and his heirs, is an absolute legacy to A, and the whole interest = of the=20 money vests in him for his use. 4 Mad. 361. But when no property in the = bequest=20 is given to A, and the money is bequeathed to his heirs, or to him with = a=20 limitation to his heirs, if he die before the testator, and the = contingency=20 happens, then if there be nothing in the will showing the sense in which = the=20 testator made use of the word heirs, the next of kin of A, are entitled = to claim=20 under the description, as the only persons appointed by law to succeed = to=20 personal estate. 5 Ves. 403; 4 Ves. 649; 1 Jac. & Walk. 388.

16. - 2. A bequest to the heirs of an individual, without addition or = explanation, will belong to the next of kin; the rule, however, is = subject to,=20 alteration by the intention of the testator. If then the contents of the = will=20 show, that by the word heirs the testator meant other persons than the = next of=20 kin, those persons will be entitled. Ambl. 273; 1 P. Wms. 432; Forrest, = 56; 2=20 Atk. 89; See, also, 1 Ves. jr. 145; 4 Madd. 361; 14 Ves. 488; 1 Car. Law = R.=20 484.

17. - =A74. Legacies to issue. 1. The term issue, is of very = extensive import,=20 and when used as a word of purchase, and unconfined by any indication of = intention, will comprise all persons who can claim as descendants from = or=20 through the person to whose issue the bequest is made; and in order to = restrain=20 the legal sense of the term, a clear intention must appear upon the = will. 3 Ves.=20 257; Id. 421; 1 Meriv. 434; 13 Ves. 344.

18. - 2. Where it appears clearly to be a testator's meaning to = provide for a=20 class of individuals living at the date of his will, and he provides = against a=20 lapse by the death of any of them in his lifetime, by the substitution = of their=20 issue; in such case, although the word will include all the descendants = of the=20 designated legatees, yet if any person who would have answered the = description=20 of an original legatee when the will was made, be then dead, leaving = issue, that=20 issue will be excluded, because the issue of those individuals only who = were=20 capable of taking original shares, at the date of the will, were = intended to=20 take by substitution; so that as the person who was dead when the will = was made,=20 could never have taken an original share, there is nothing for his issue = to take=20 in his place. 1 Meriv. 320.

19. - 3. When it can be collected from the will that a testator in = using the=20 word issue, did not intend it should be understood in its common = acceptation,=20 the import of it will be confined to the persons whom it was intended to = comprehend. 7 Ires. 531; 3 Ves. 383; 7 Ves. 522; 1 Ves. jr. 143.

20. - =A75. Of legacies to relations. 1. Under a bequest to = relations, none are=20 entitled but those, who in the case of intestacy, could have claimed = under the=20 statute of distribution. Forrest. 251; 4 Bro. C. C. 207; 1 Bro. C. C. = 31; 3 Bro.=20 C. C. 234; 5 Ves. 529; Ambl. 507; Dick. 380; 1 P. Wms. 327; 2 Ves. sen. = 527; 19=20 Ves. 403; 1 Taunt. 263; 1 T. R. 435; n. See the following cases where = the=20 bequests were to "poor relations;" 1 P. Wms. 327; 8 Serg. & Rawle, = 45; 1=20 Scho. & Lef. 111; "most necessitous relations;" Ambl. 636.

21. - 2. To this general rule there are several exceptions, namely, = first,=20 when the testator has delegated a power to an individual to distribute = the fund=20 among the testator's relations according to his discretion; in such an = instance=20 whether the bequest be made to "relations" generally, or to "poor," or=20 "poorest," or "most necessitous" relations, the person may exercise his=20 discretion in distributing the property among the testator's kindred = although=20 they be not within the statute of distributions. 1 Scho. & Lef. 111, = and 16=20 Ves. 43; 1 T. R. 485, n.; Ambl. 708; 16 Ves. 27, 43. Secondly. Another = exception=20 occurs where a testator has fixed ascertain test, by which the number of = relatives intended by him to participate in his property, can be = ascertained; as=20 if a legacy be given to such of the testator's relations as should not = be worth=20 a certain sum, in such case, it seems, all the testator's relatives = answering=20 the description would take, although not within the degrees of the = statute of=20 distributions. Ambl. 798. Thirdly. Another exception to the general rule = is,=20 where a testator has shown an intention in his will, to comprehend = relations=20 more remote than those entitled nuder the statute; in that case his = intention=20 will prevail. 1 Bro. C. C. 32, n., and see 1 Cox, 235 .

22. - 3. The word "relation" or "relations," may be so qualified as = to=20 exclude some of the next of kin from participating in the bequest; and = this will=20 also happen when the terms of the bequest are to my "nearest relations;" = 19 Ves.=20 400; Coop. 275; 1 Bro. C. C. 293; and see 1 Ves. sen. 337; Ambl. 70; to=20 testator's relations of his name 1 Ves. sen. 336; or stock, or blood; 15 = Ves.=20 107.

23. - 4. The word relations being governed by the statute of = distributions,=20 no person can regularly answer the description but those who are of kin = to the=20 testator by blood, consequently relatives by marriage are not included = in a=20 bequest to relations generally. 1 Ves. sen. 84; 3 Atk. 761; 1 Bro. C. C. = 71,=20 294.

24. - =A76. Legacies to next of kin. 1. When a bequest is made to = testator's=20 next of kin, it is understood the testator means such as are related to = him by=20 blood. But it is not necessary that the next of kin should be of the = whole=20 blood, the half blood answering the description of next of kin, are = equally=20 entitled with the whole, and if nearer in degree, will exclude the whole = blood.=20 1 Ventr. 425; Alleyn, 36; Styl. 74.

25 - 2. Relations by marriage are in general excluded from = participating in a=20 legacy given to the next of kin. 18 Ves. 53; 14 Ves. 376, 381, 386; and, = see 3=20 Ves. 244; 18 Ves. 49. But this is only a prima facie construction, which = may be=20 repelled by the contrary intention of a testator. 14 Ves. 382.

26. - 3. A testator is to be understood to mean by the expression = "next of=20 kin," when he does not refer to the statute, or to a distribution of the = property as if he had died intestate, those persons only who should be = nearest=20 of kin to him, to the exclusion of others who might happen to be within = the=20 degree limited by the statute. 3 Bro. C. C. 69; 19 Ves. 404; 14 Ves. = 385. See 3=20 Bro. C. C. 64.

27. - 4. Nearest of kin will alone be entitled under a bequest to the = next of=20 kin in equal degree. 12 Ves. 433; 1 Madd. 36.

28. - =A77. Legacies to legal personal representatives or to personal = representatives. 1. Where there is nothing on the face of the will to = manifest a=20 different intention, the legal construction of the words "personal=20 representatives," or "legal personal representatives," is executors or=20 administrators of the person described. 6 Ves. 402; 6 Mead. 159. A = legacy=20 limited to the personal or legal personal representatives of A, = unexplained by=20 anything in the will, will entitle A's executors or administrators to = it, not as=20 representing A, or as part of his estate, or liable to his debts, but in = their=20 own right as personae designated by the law. 2 Mad. 155.

29. - 2. In the following cases the executors or administrators were = held to=20 be entitled under the designation of personal, or legal personal=20 representatives. 3 Ves. 486; Anstr. 128.

30. - 3. The next of kin and not the executors or administrators, = were, in=20 the following cases, held to be entitled under the same designation. 3 = Bro. C.=20 C. 224, approved by Lord Rosslyn in 3 Ves. 486; 3 Ves. 146; 19 Ves. = 404.

31. - 4. The same words were held to mean children, grandchildren, = &c. to=20 the exclusion of those persons who technically answer the description of = "personal representatives." 3 Ves. 383.

32. - 5. A husband or wife may take as such, if there is a manifest = intention=20 in the will that they should and if either be clothed with the character = of=20 executor or administrator of the other, the prima facie legal title = attaches to=20 the office, which will prevail, unless an intention to the contrary be = expressed=20 or clearly apparent in the instrument. See 14 Ves. 382; 18 Ves. 49; 3 = Ves. 231;=20 2 Ves. sen. 84; 3 Atk. 758; 1 Rop. Husb. and Wife, 326; 2 Rop. Husb. = and. Wife,=20 64.

33. - =A78. The construction of bequests when limited to executors = and=20 administrators. 1. Where personal estate is given to B, his executors = and=20 administrators, the law transfers to B the absolute interest in the = legacy. 15=20 Ves. 537; 2 Mad. 155.

34. - 2. If no interest were given to B, and the bequest were to his=20 executors and administrators, it should seem that the individual = answering the=20 description would be beneficially entitled as personal designatae, in = analogy to=20 the devise of real estate to the heir of B, without a previous = limitation to B,=20 whose heir would take by purchase in his own right, and not by force of = the word=20 "heir" considered as a term of limitation. 2 Mad. 155. See 8 Com. Dig. = Devise of=20 Personal Property, xxxvi.

35: - =A79. Legacies to descendants. 1. A legacy to the descendants = of A, will=20 comprehend all his children, grandchildren, &c.; and if the will = direct the=20 bequest to be divided equally among them, they are entitled to the fund = per=20 capita. Ambl. 97; 3 Bro. C. C. 369.

36. - =A710. Legacies to a family. 1. The word family, when applied = to personal=20 property, is synonymous with "kindred," or "relations;" see 9 Ves. 323. = This=20 being the ordinary acceptation of the word family, it may nevertheless = be=20 confined to particular relations by the context of the will; or the term = may be=20 enlarged by it, so that the expression may, in some cases, mean = children, or=20 next of kin, and in others may even include relations by marriage. See 8 = Ves.=20 604; Dy. 333; 5 Ves. 166; Hob. 33; Coop. 122; 5 M. & S. 126; 17 Ves. = 263; 1=20 Taunt. 266; 14 Ves. 488; 9 Ves. 319; 3 Meriv. 689.

37. - =A711. Legacies to servants. 1. To entitle himself to a bequest = "to=20 servants," the relation of master and servant must have arisen out of a = contract=20 by which the claimant must have formed an engagement which entitled the = master=20 to the service of the individual during the whole period, or each and = every part=20 of the time for which he contracted to, serve. 12 Ves. 114; 2 Vern. = 546.

38. - 2. To claim as a servant, the legatee must in general be in the = actual=20 service of the testator at the time of his death. Still a servant may be = considered by a testator as continuing in his employment, and be = intended to=20 take under the bequest, although he quitted the testator's house = previous to his=20 death, so as to answer the description in the instrument; and to = establish which=20 fact declarations of the testator upon the subject cannot be rejected; = but=20 testimony that the testator meant a servant notwithstanding his having = left the=20 testator's service, to take a legacy bequeathed only to servants in his=20 employment at his death, cannot be received as in direct opposition to = the will.=20 16 Ves. 486, 489.

39. - =A712. The different periods of time at which persons answering = the=20 descriptions of next of kin, family relations, issue, heirs, descendants = and=20 personal representatives, (to whom legacies are given by those terms = generally,=20 and without discrimination,) were required to be in esse, for the = purpose of=20 participating in the legatory fund. 1. When the will expresses or = clearly shows=20 that a testator in bequeathing to the relations, &c. of a deceased=20 individual, referred to such of them as were in existence when the will = was=20 made, they only will be entitled; as if the bequest was, "I give =FA1000 = to the=20 descendants of the late A B, now living," those descendants only in esse = at the=20 date of the will can claim the legacy. Ambl. 397.

40. - 2. But, in general, a will begins to speak at the death of the=20 testator, and consequently in ordinary cases, relations, next of kin, = issue,=20 descendants, &c., living at that period will alone divide the = property=20 bequeathed to them by those words. See 1 Ball &. Beat. 459; 1 Bro. = C. C.=20 532; 3 Bro. C. C. 224; 5 Ves. 399; 1 Jac. & Walk, 388, n.; 3 Meriv. = 689; 5=20 Binn. 607; 2 Murph. 178.

41. - 3. If a testator express, or his intention otherwise appear = from his=20 will, that a bequest to his relations, &c., living at the death of a = person,=20 or upon the happening of any other event, should take the fund, his next = of kin=20 only in existence at the period described, will be entitled, in = exclusion of the=20 representatives of such of them as happened to be then dead. 3 Ves. 486; = 9 Ves.=20 325; 1 Atk. 469; 15 Ves. 27; 4 Vin. Abr. 485, pl. 16; 8 Ves. 38; 5 Binn. = 606;=20 see 6 Munf. 47.

42. - =A713. When the fund given to legatees, by the description of = "family,"=20 "relations" "next in kin," &c., is to be divided among them either = per=20 capita, or per stirpes, or both per stirpes et capita. 1. Where the = testator=20 gives a legacy to his relations generally, if his next of kin be related = to him=20 in equal degree, as brothers, there being no children of a deceased = brother, the=20 brothers will divide the fund among them in equal shares, or per capita; = each=20 being entitled in his own right to an equal share. So it would be if all = the=20 brothers had died before the testator, one leaving two children, another = three,=20 &c., all the nephews and nieces would take in equal shares, per = capita, in=20 their own rights, and not as representing their parents; because they = are sole=20 next of kin, and related to the testator in equal degree. Pre. Ch. 54; = and see 1=20 P. Wms. 595; 1 Atk. 454; 3 P. Wms. 50. But if the testator's next of kin = happen=20 not to be related to him in equal degrees, as a brother, and the = children of a=20 deceased brother, so as that under the statute the children would take = per=20 stirpes as representing their parent, namely, the share he would have = taken had=20 he been living; yet if the testator has shown au intention that his next = of kin=20 shall be entitled to his property in equal shares, i. e. per capita, the = distribution by the statute will be superseded. This may happen where = the=20 bequest is to relations, next of kin, &c., to be equally divided = among them;=20 or by expressions of like import. Forrest. 251; and see 1 Bro. C. C. 33; = 8 Serg.=20 & Rawle, 43; 11 Serg. & Rawle 103; 1 Murph. 383.

43. - 2. Where a bequest is to relations, &c., those persons only = who are=20 next of kin are entitled, and the statute of distributions is adopted, = not only=20 to ascertain the persons who take, but also the proportions and manner = in which=20 the property is to be divided; the will being silent upon the subject, = if the=20 next of kin of the person described be not related to him in equal = degree, those=20 most remote can only claim per stirpes, or in right of those who would = have been=20 entitled under the statute if they had been living. Hence it appears = that taking=20 per stirpes, always supposes an inequality in relation-ship. For = example, where=20 a testator bequeaths a legacy to his "relations," or "next of kin," and = leaves=20 at his death two children, and three grandchildren, the children of a = deceased=20 child; the grandchildren would take their parents' share, that is, = one-third per=20 stirpes under the statute, as representing their deceased parent. 1 Cox, = 235.

44. - 3. Where a testator bequeaths personal estate to several = persons as=20 tenants in common, with a declaration that upon all or any of their = deaths=20 before a particular time, their respective shares shall be equally = divided among=20 the issue or descendants of each of them, and they die before the = arrival of the=20 period, some leaving children, others grandchildren, and great = grandchildren,=20 and other grandchildren and more remote descendants in such case the = issue of=20 each deceased person will take their parents share per stirpes; and such = issue,=20 whether children only, or children and grandchildren, &c., will = divide each=20 parent's share among them equally per capita. 1 Ves. sen. 196.

45. - =A714. The effect of a mistake in the names of legatees. 1. = Where the=20 name has been mistaken in a will or deed, it will be corrected from the=20 instrument, if the intention appear in the description of the legatee or = donee,=20 or in other parts of the will or deed. For example, if a testator give a = bequest=20 to Thomas second son of his brother John, when in fact John had no son = named=20 Thomas, and his second son was called William; it was held William was = entitled.=20 19 Ves. 381; Coop. 229; and see Ambl. 175; Co. Litt. 3, a; Finch's R. = 403; 3=20 Leon, 18. When a bequest is made to a class of individuals, nomin-atim, = and the=20 name or christian name of one of them is omitted, and the name or = christian name=20 of another is repeated; if the context of the will sbow that the = repetition of=20 the name was error, and the name of the person omitted was intended to = have been=20 inserted, the mistake will be corrected. As where a testator gave his = residuary=20 estate to his six grandchildren, by their christian names. The name of = Ann, one=20 of them, was repeated, and the name of Elizabeth, another of them, was = omitted.=20 The context of the will clearly showed the mistake which had occurred, = and=20 Elizabeth was admitted to an equal share in the bequest. 1 Bro. C. C. = 30; see 2=20 Cox, 186. And is to cases where parol evidence will be received to prove = the=20 mistakes in the names or additions of legatees, and to ascertain the = proper=20 person, see 3 B. & A. 632 to 642; 6 T. R. 676; 2 P. Wms. 137; 1 Atk. = 410: 1=20 P. Wms. 421; 5 Rep. 68, b; 6 Ves. 42; 7 East, 302; Ambl. 75.

46. - =A715. The effect of mistakes in the descriptions of legatees, = and the=20 admission of parol evidence in those cases. 1. Where the description of = the=20 legatee is erroneous, the error not having been occasioned by any fraud=20 practiced upon the testator, and there is no doubt as to the person who = was=20 intended to be described, the mistake will not disappoint the bequest. = Hence if=20 a legacy be given to a person by a correct name, but a wrong description = or=20 addition, the mistaken description will not vitiate the bequest, but be=20 rejected; for it is a maxim that veritas nominis tollit errorem = demonstrationis.=20 Ld. Bac. Max. reg. 25; and see 2 Ves. jr. 589; Ambl. 75; 4 Ves. 808; = Plowd. 344;=20 19 Ves. 400.

47. - 2. Wherever a legacy is given to a person under a particular=20 description and character which he himself has falsely assumed; or, = where a=20 testator, induced by the false representations of third persons to = regard the=20 legatee in a relationship which claims his bounty, bequeaths him a = legacy=20 according with such supposed relationship, and no motive for such bounty = can be=20 supposed, the law will not, in either case, permit the legatee to avail = himself=20 of the description, and therefore he cannot demand his legacy. See 4 = Ves. 802; 4=20 Bro. C. C. 20.

48. - 3. The same principle which has establisbed the admissibility = of parol=20 evidence to correct errors in naming legatees, authorizes its allowance = to=20 rectify mistakes in the description of them. Ambl. 374; 1 Ves. jr. 266; = 1 Meriv.=20 184.

49. - 4. If neither the will nor extrinsic evidence is sufficient to = dispel=20 the ambiguity arising from the attempt to apply the description of the = legatee=20 to the person intended by the testator, the legacy must fail from the=20 uncer-tainty of its object. 7 Ves. 508; 6 T. R. 671.

50. - =A716. The consequences of imperfect descriptions of, or = reference to=20 legatees, appearing upon the face of wills, and when parol evidence is=20 admissible. These cases occur, 1. When a blank is left for the Christian = name of=20 the legatee. 2. When the whole name is omitted. 3. When the testator has = merely=20 written the initials of the name; and, 4. When legatees have been once=20 accurately described, but in a subsequent reference to one of them, to = take an=20 additional bounty, the person intended is doubtful, from ambiguity in = the=20 terms.

51. - 1. When a blank is left for the Christian name of the legatee, = evidence=20 is admissible to supply the omission. 4 Ves. 680.

52. - 2. When the omission consists of the entire name of the = legatee, parol=20 evidence cannot be admitted to supply the blank. 2 Ch. Ca. 51.; 2 Atk. = 239; 3=20 Bro. C.C. 311.

53. - 3. When a legatee is described by the initials of his name = only, parol=20 evidence may be given to prove his identity. 3 Ves. 148. When a patent = ambiguity=20 arises from an imperfect reference to one of two legatees correctly = described in=20 a prior part of the will, parol evidence is admitted to show which of = them was=20 intended, so that the additional legacy intended for the one will depend = upon=20 the removal of the obscurity by a sound interpretation of the whole = will. 3 Atk.=20 257 and see 2 Ves. 217; 2 Eden, 107.

See further, upon this subject, Lownd on Leg. ch. 4; 1 Roper on Leg. = ch. 2;=20 Com. Dig. Chancery, 3 Y; Bac. Abr. h.. t. Vin. Abr. h. t.; Nels. Abr. h. = t.;=20 Whart. Dig. Wills, G. P.; Hamm. Dig. 756; Grimk=C7 on Exec. ch. 5; Toll. = on=20 Executors, ch. 4.

LEGALIS HOMO. A person who stands rectus in curia, who = possesses all=20 his civil rights. A lawful man. One who stands rectus in curia, not = outlawed nor=20 infamous. In this sense are the words probi et legates homines.

LEGANTINE CONSTITUTIONS. The name of a code of ecclesiastical = laws,=20 enacted in national synods under Pope Gregory IX., and Pope Clement IV., = about=20 the years from 1220 to 1230.

LEGATARY. One to whom anything is bequeathed; a legatee. This = word is=20 sometimes though seldom used to designate a legate or nuncio.

LEGATION. An embassy; a mission.

2. All persons attached to a foreign legation, lawfully acknowledged = by the=20 government of this country, whether they are ambassadors, envoys, = winisters, or=20 attaches, are protected by the act of April 30, 1790, 1 Story's L. U. S. = 83,=20 from violence, arrest or molestation. 1 Dall. 117; 1 W. C. C. R. 232; 11 = Wheat.=20 467; 2 W. C. C. Rep. 435; 4 W. C. C. R. 531; 1 Miles, 366; 1 N & M. = 217; 1=20 Bald. 240; Wheat. Int. Law, 167. Vide Ambassador; Envoy; Minister.

LEGATORY, dead man's part or share. (q. v.) The third part of = a=20 freeman's personal estate, which by the custom of London, in case he had = a wife=20 and children, the freeman might always have disposed of by will. Bac. = Ab.=20 Customs of London, D 4.

LEGISLATIVE POWER. The authority under the constitution to = make laws=20 and to alter or repeal them.

LEGISLATOR. One who makes laws.

2. In order to make good laws, it is necessary to understand those = which are=20 in force; the legislator ought therefore, to be thoroughly imbued with a = knowledge of the laws of his country, their advantages and defects; to = legislate=20 without this previous knowledge is to attempt to make a beautiful piece = of=20 machinery with one's eye shut. There is unfortunately too strong a = propensity to=20 multiply our laws and to change them. Laws must be yearly made, for the=20 legislatures meet yearly but whether they are always for the better may = be well=20 questioned. A mutable legislation is always attended with evil. It = renders the=20 law uncertain, weakens its effects, hurts credit, lessens the value of = property,=20 and as they are made frequently, in consequence of some extraordinary = case, laws=20 sometimes operate very unequally. Vide 1 Kent, Com. 227 and Le Magazin=20 Universel, tome ii. p. 227, for a good article against excessive = legislation;=20 Matter, De l'Influence des Lois sur les Moeurs, et de l'Influence des = Moeurs sur=20 les Lois.

LEGISLATURE, government. That body of men in the state which = has the=20 power of making laws.

2. By the Constitution of the United States, art. 1, s. 1, all = legislative=20 powers granted by it are vested in a congress of the United States, = which shall=20 consist of a senate and house of representatives.

3. It requires the consent of a majority of each branch of the = legislature in=20 order to enact a law, and then it must be approved by the president of = the=20 United States, or in case of his refusal, by two-thirds of each house. = Const. U.=20 S. art. 1, s. 7, 2.

4. Most of the constitutions of the several states, contain = provisions nearly=20 similar to this. In general, the legislature will not exercise judicial=20 functions; yet the use of supreme power upon particular occasions, is = not=20 without example. Vide Judicial.

LEGITIMACY. The state of being born in wedlock; that is, in a = lawful=20 manner.

2. Marriage is considered by all civilized nations as the only source = of=20 legitimacy; the qualities of husband and wife must be possessed by the = parents=20 in order to make the offspring legitimate; and furthermore the marriage = must be=20 lawful, for if it is void ab initio, the children who may be the = offspring of=20 such marriage are not legitimate. 1 Phil. Ev. Index, h. t.; Civ. Code L. = art.=20 203 to 216.

3. In Virginia, it is provided by statute of 1787, "that the issue of = marriages deemed null in law, shall nevertheless be legitimate." 3 Hen. = &=20 Munf. 228, n.

4. A conclusive, presumption of legitimacy arises from marriage and=20 cohabitation; and proof of the mother's irregularities will not destroy = this=20 presumption: pater est quem nuptiae demonstrant. To rebut this = presumption,=20 circumstances must be shown which render it impossible that the husband = should=20 be the father, as impotency and the like. 3 Bouv. Inst. n. 300-2. Vide = Bastard;=20 Bastardy; Paternity; Pregnancy.

LEGITIMATE. That which is according to law; as, legitimate = children,=20 are lawful children, born in wedlock, in contradistinction to bastards;=20 legitimate autbority, or lawful power, in opposition to usurpation.

LEGITIMATION. The act of giving the character of legitimate = cbildren=20 to those who were not so born.

2. In Louisiana, the Civil Code, art. 217, enacts that "children born = out of=20 marriage, except those who are born of an incestuous or adulterous = connexion,=20 may be legitimated by the subsequent marriage of their father and mother = whenever the latter have legally acknowledged them for their children, = either=20 before their marriage, or by the contract of marriage itself."

3. In most of the other states the character of legitimate children = is given=20 to those who are not so, by special acts of assembly. In Georgia, real = estate=20 may descend from a mother to her illegitimate children and their=20 representatives, and from such child, for want of descendants, to = brothers and=20 sisters, born of the same mother, and their representatives. Prince's = Dig. 202.=20 In Alabama, Kentucky, Mississippi, Vermont and Virginia, subsequent = marriages of=20 parents, and recognition by the father, legitimatize an illegitimate = child and=20 in Massachusetts, for all purposes except inheriting from their kindred. = Mass.=20 Rev. St. 414.

4. The subsequent marriage of parents legitimatizes the child in = Illinois,=20 but he must be afterwards acknowledged. The same rule seems to have been = adopted=20 in Indiana and Missouri. An acknowledgment of illegitimate children, of = itself,=20 legitimatizes in Ohio, and in Michigan and Mississippi marriage alone = between=20 the reputed parents has the same effcct. In Maine, a bastard inherits to = one who=20 is legally adjudged, or in writing owns himself to be the father. A = bastard may=20 be legitimated in North Carolina, on application of the putative father = to=20 court, either where he has married the mother, or she is dead, or = married=20 another or lives out of the state. In a number of the states, namely, in = Alabama, Connecticut, Illinois, Indiana, Kentucky, Maine, Massachusetts, = Michigan, North Carolina, Ohio, Rhode Island, Tennessee, Vermont, and = Virginia,=20 a bastard takes by descent from his mother, with modifications regulated = by the=20 laws of these states. 2 Hill, Ab. s. 24 to 35, and the authori-ties = there=20 referred to. Vide Bastard; Bastardy; Descent.

LEGITIME, civil law. That portion of a parent's estate of = which he=20 cannot disinherit his children, without a legal cause. The civil code of = Louisiana declares that donations inter vivos or mortis causa cannot = exceed=20 two-thirds of the property of the disposer if he leaves at his decease a = legitimate child; one half if he leaves two children; and one-third if = he leaves=20 three or a greater number. Under the name of children are included = descendants=20 of wbatever degree they may be; it must be understood that they are only = counted=20 for the child they represent. Civil. Code of Lo. art. 1480.

3. Donation inter vivos or mortis causa, cannot exceed two-thirds of = the=20 property if the disposer having no children have a father, mother, or = both. Id.=20 art. 1481. Where there are no descendants, and in case of the previous = decease=20 of the father and mother, donations inter vivos and mortis causa, may, = in=20 general, be made of the whole amount of the property of the disposer. = Id. art.=20 1483. The Code Civil makes nearly similar previsions. Code Civ. L. 3, t. = 2, c.=20 3, s. 1, art. 913 to 919.

4. In Holland, Germany, and Spain, the principles of the Falcidian = law, more=20 or less limited, have been generally adopted. Coop. Just. 616.

5. In the United States, other than Louisiana and in England, there = is no=20 restriction on the right of bequeathing. But this power of bequeathing = did not=20 originally extend to all a man's personal estate; on the contrary, by = the common=20 law, as it stood in the reian of Henry II, a man's goods were to be = divided into=20 three equal parts, one of which went to his heirs or lineal descendants, = another=20 to his wife, and the third was at his own disposal; or if he died = without a=20 wife, he might then dispose of one moiety, and the other went to his = children;=20 and so e converso if he had no children, the wife was entitled to one = moiety,=20 and he might bequeath the other; but if he died without either wife or = issue,=20 the whole was at his own disposal. Glanv. 1. 2, c. 6;, Bract. 1. 2, c. = 26. The=20 shares of the wife and children were called their reasonable part. 2 Bl. = Comm.=20 491-2. See Death's part; Falcidian law.

LENDER, contracts. He from whom a thing is borrowed.

2. The contract of loan confers rights, and imposes duties on the = lender. 1.=20 The lender has the right to revoke the loan at his mere pleasure; 9 = Cowen, R.=20 687; 8 Johns. Rep. 432; 1 T. R. 480; 2 Campb. Rep. 464; and is deemed = the owner=20 or proprietor of the thing during the period of the loan; so that au = action for=20 a trespass or conversion will lie in favor of the lender against a = stranger, who=20 has obtained a wrongful possession, or has made a wrongful conversion of = the=20 thing loaned; as mere gratuitous permission to a third person to use a = chattel=20 does not, in contemplation of the common law, take it out of the = possession of=20 the owner. 11 Johns. Rep. 285; 7 Cowen, Rep. 753; 9 Cowen, Rep. 687; 2 = Saund.=20 Rep. 47 b; 8 Johns. Rep. 432; 13 Johns. Rep. 141, 661; Bac. Abr. = Trespass, c 2;=20 Id. Trover, C 2. And in this the Civil agrees with the common law. Dig. = 13, 6,=20 6, 8; Pothier, Pr=C7t =D6, Usage, ch. 1, =A71, art. 2, n. 4; art. 3, n. = 9; Ayliffe's=20 Pand. B. 4, t. 16, p. 517; Domat, B. 1, t. 5, =A71, n. 4; and so does = the Scotch=20 law. Ersk. Pr. Laws of Scotl. B. 3, t. 1 =A78.

3. - 2. In the civil law, the first obligation on the part of the = lender, is=20 to suffer the borrower to use and enjoy the thing loaned during the time = of the=20 loan, according to the original intention. Such is not the doctrine of = the=20 common law. 9 Cowen, Rep. 687. The lender is obliged by the civil law to = reimburse the borrower the extraordinary expenses to which he has been = put for=20 the preservation of the thing lent. And in such a case, the borrower = would have=20 a lien on the thing, and may detain it, until these extraordinary = expenses are=20 paid, and the lender cannot, even by an abandonment of the thing to the=20 borrower, excuse himself from re-payment, nor is he excused by the = subsequent=20 loss of the thing by accident, nor by a restitution of it by the = borrower,=20 without insisting upon repayment. Pothier, Pr=C7t =D6 Usage, ch. 3, n. = 82, 83; Dig.=20 13, 6, 18, 4; Ersk. Pr. Laws of Scotl. B. 3, t. 1, =A79. What would be = decided at=20 common law does not seem very clear. Story on Bailm. =A7274. Another = case of=20 implied obligation on the part of the lender by the civil law is, that = he is=20 bound to give notice to the borrower of the defects of the thing loaned; = and if=20 he does not and conceals them, and any injury occurs to the borrower = thereby,=20 the lender is responsible. Dig. 13, 6, 98, 3; Poth. Pr=C7t =D6 Usage, n. = 84; Domat,=20 Liv. 1, t. 5, s. 3, n. 3. In the civil law there is also an implied = obligation=20 on the part of the lender where the thing has been lost by the borrower, = and=20 after he has paid the lender the value of it, the thing has been = restored to the=20 lender; in such case the lender must return to the borrower either the = price or=20 thing. Dig. 13, 6, 17, 5; Poth. Id. n. 85. "The common law seems to = recognize=20 the same principles, though," says Judge Story, Bailm. =A7276, "it would = not=20 perhaps be easy to cite a case on a gratuitous loan directly on the = point." See=20 Borrower; Commodate; Story, Bailm. ch. 4; Domat. Liv. 2, tit. 5; 1 Bouv. = Inst.=20 n. 1078, et seq.

LESION, contracts. In the civil law this term is used to = signify the=20 injury suffered, in consequence of inequality of situation, by one who = does not=20 receive a full equivalent for what he gives in a commutative = contract.

2. The remedy given for this injury, is founded on its being the = effect of=20 implied error or imposition; for in every commutative contract, = equivalents are=20 supposed to be given and received. Louis. Code, 1854. Persons of full = age,=20 however, are not allowed in point of law to object to their agreements = as being=20 injurious, unless the injury be excessive. Poth. Oblig. P. 1, c. 1, s. = 1, art.=20 3, =A74. But minors are admitted to restitution, not only against any = excessive=20 inequality, but against any inequality whatever. Poth. Oblig. P. 1, c. = 1, s. 1,=20 art. 3, =A75; Louis. Code, art. 1858.

3. Courts of chancery relieve upon terms of redemption and set aside=20 contracts entered into by expectant heirs dealing for their = expectancies, on the=20 ground of mere inadequacy of price. 1 Vern. 167; 2 Cox, 80; 2 Cas. in = Ch. 136; 1=20 Vern. 141; 2 Vern. 121; 2 Freem. 111; 2 Vent. 359; 2 Vern. 14; 2 Rep. in = Ch.=20 396; 1 P. W. 312; 1 Bro. C. C. 7; 3 P. Wms. 393, n.; 2 Atk. 133; 2 Ves. = 125; 1=20 Atk. 301; 1 Wils. 286; 1 Wils. 320; 1 Bro. P. 6. ed. Toml. 198; 1 Bro. = C. C. 1;=20 16 Ves. 512; Sugd. on Vend. 231, n. k.; 1 Ball & B. 330; Wightw. 25; = 3 Ves.=20 & Bea. 117; 2 Swanst. R. 147, n.; Fonb. notes to the Treatise of = Equity, B,=20 1, c. 2, s. 9. A contract cannot stand where the party has availed = himself of a=20 confidential situation, in order to obtain some selfish advantage. Note = to Crowe=20 v. Ballard. 1 Ves. jun. 125; 1 Hov. Supp. 66, 7. Note to Wharton v. May. = 5 Ves.=20 27; 1 Hov. Supp. 378. See Catching bargain; Fraud; Sale.

LESSEE. He to whom a lease is made. The subject will be = considered by=20 taking a view, 1. Of his rights. 2. Of his duties.

2. - 1. He has a right to enjoy the premises leased for the term = mentioned in=20 the lease, and to use them for the purpose agreed upon. He may, unless,=20 restrained by the covenants in the lease, either assign it, or underlet = the=20 premises. 1 Cruise, Dig. 174. By an assignment of the lease is meant the = transfer of all the tenant's interest in the estate to another person; = on the=20 contrary, an underletting is but a partial transfer of the property = leased, the=20 lessee retaining a reversion to himself.

3. - 2. The duties of the lessee are numerous. First, he is bound to = fulfil=20 all express covenants he has entered into in relation to the premises = leased;=20 and, secondly, he is required to fulfil all implied covenants, which the = relation of lessee imposes upon him towards the lessor. For example, he = is bound=20 to put the premises to no other use than that for which it was hired; = when a=20 farm is let to him for common farming purposes, he cannot open a mine = and dig=20 ore which may happen to be in the ground; but if the mine has been = opened, it is=20 presumed both parties intended it should be used, unless the lessee were = expressly restrained; 1 Cruise, Dig. 132. He is required to use the = property in=20 a tenant-like and proper manner; to take reasonable care of it and to = restore it=20 at the end of his term, subject only to the deterioration produced by = ordinary=20 wear and the reasonable use for which it was demised. 12 M. & W. = 827.=20 Although he is not bound, in the absence of an express covenant, to = rebuild in=20 case of destruction by fire or other accident, yet he must keep the = house in a=20 habitable state if he received it in good order. See Repairs. The lessee = is=20 required to restore the property to the lessor at the end of the = term.

4. The lessee remains chargeable, after an assignment of his term, as = before,=20 unless the lessor has accepted the assignee; and even then he continues = liable=20 in covenant on an express covenaut, as for repairs, or to pay rent; 2 = Keb. 640;=20 but not for the performance of an implied one, or, as it is usually = termed, a=20 covenant in law. By the acceptance, he is discharged from debt for = arrears of=20 future rent. Cro. Jac. 309, 334; Ham. on Parties, 129, 130. Vide Estate = for=20 years; Lease;, Notice to quit: Tenant for years; Underlease.

LESSOR. contr. He who grants a lease. Civ. Code of L. art. = 2647.

LESTAGE, Eng: law. Duties paid for unlading goods in port. = Harg. L.=20 Tr. 75.

LET. Hinderance, obstacle, obstruction; as, without let, = molestation=20 or hinderance.

TO LET. To hire, to lease; to grant the use and possession of=20 something for a compensation.

2. This term is applied to real estate and the words to hire are more = commonly used when speaking of personal estate. See Hire, Hirer, and = Letter.

3. Letting is very similar to selling; the difference consists, in = this; that=20 instead of selling the thing itself, the letter sells only the use of = it.

LETTER, com. law, Crim. law. An epistle; a despatch; a written = message, usually on paper, which is folded up and sealed, sent by one = person to=20 another.

2. A letter is always presumed to be sealed, unless the presumption = be=20 rebutted. 1 Caines, R. 682. 1

3. This subject will be considered by 1st. Taking a view of the law = relating=20 to the transmission of letters through the post office; and, 2. The = effect of=20 letters in making contracts. 3. The ownership of letters sent and = received.

4. - =A71. Letters are, commonly sent through the post office, and = the law has=20 carefully provided for their conveyance through the country, and their = delivery=20 to the persons to whom they are addressed. The act to reduce into one = the=20 several acts establishing and regulating the post office department, = section 21,=20 3 Story's Laws United States, 1991, enacts, that if any person employed = in any=20 of the departments of the post office establishment, shall unlawfully = detain,=20 delay, or open, any letter, packet, bag, or mail of letters, with which = he shall=20 be entrusted, or which shall have come to his possession, and which are = intended=20 to be conveyed by post or, if any such person shall secrete, embezzle, = or=20 destroy, any letter or packet entrusted to such person as aforesaid, and = which=20 shall not contain any security for, or assurance relating to money, as=20 hereinafter described, every such offender, being thereof duly = convicted, shall,=20 for every such offence, be fined, not exceeding three hundred dollars, = or=20 imprisoned, not exceeding six months, or both, according to the = circumstances=20 and aggravations of the offence. And if any person, employed as = aforesaid, shall=20 secrete, embezzle, or destroy any letter, packet, bag, or mail of = letters, with=20 which he or she shall be entrusted, or which shall have come to his or = her=20 possession, and are intended to be conveyed by post, containing any bank = nots,=20 or bank post bill, bill of exchange, warrant of the treasury of the = United=20 States, note of assignment of stock in the funds, letters of attorney = for=20 receiving annuities or dividends, or for, selling stock in the funds, or = for=20 receiving the interest thereof, or any letter of credit, or note for, or = relating to, payment of moneys or any bond, or warrant, draft, bill, or=20 promissory note, covenant, contract, or agreement whatsoever, for, or = relating=20 to, the payment of money, or the delivery of any article of value, or = the=20 performance of any act, matter, or thing, or any receipt, release, = acquittance,=20 or discharge of, or from, any debt; covenant, or demand, or any part = thereof, or=20 any copy of any record of any judgment or decree, in any court of law or = chancery, or any execution which way may have issued thereon; or any = copy of any=20 other record, or any other article of value, or any writing representing = the=20 same or if any such person, employed as aforesaid, shall steal, or take, = any of=20 the same out of any letter, packet, bag, or mail of letters, that shall = come to=20 his or her possession, such person shall, on conviction for any such = offence, be=20 imprisoned not less than ten years, nor exceeding twenty-one years; and = if any=20 person who shall have taken charge of the mails of the United States, = shall quit=20 or desert the same before such person delivers it into the post office = kept at=20 the termination of the route, or some known mail carrier, or agent of = the=20 general post office, authorized to receive the same, every such person, = so=20 offending, shall forfeit and pay a sum not exceeding five hundred = dollars, for=20 every such offence; and if any person concerned in carrying the mail of = the=20 United States, shall collect, receive, or carry any letter, or packet, = or shall=20 cause or procure the same to be done, contrary, to this act, every such = offender=20 shall forfeit and pay for every such offence a sum, not exceeding fifty=20 dollars.

5. - =A72. Most contracts may be formed by correspondence; and cases = not=20 unfrequently arise where it is difficult to say whether the concurrence = of the=20 will of the contracting parties took place or not. In order to form a = contract=20 both parties must concur at the same time, or there is no agreement. = Suppose,=20 for example, that Paul of Philadelphia, is desirous of purchasing a = thousand=20 bales of cotton, and offers by letter to Peter of New Orleans, to buy = them from=20 him at a certain price; but on the next day he changes his mind, and = then he=20 writes to Peter that he withdraws his offer; or on the next day he dies; = in=20 either case, there is no contract, because Paul did not continue in the = same=20 disposition to buy the cotton, at the time that his offer was accepted. = The=20 precise moment when the consent of both parties is perfect, is, in = strictness,=20 when the person who made the offer becomes acquainted with the fact that = it has=20 been accepted. But this may be presumed from circumstances. The = acceptance must=20 be of the same precise terms without any variance whatever. 4 Wheat. = 225; see 1=20 Pick. 278; 10 Pick. 326; 6 Wend. 103.

6. - =A73. A letter received by the person to whom it is directed, is = the=20 qualified property of such person: but where it is of a private nature, = the=20 receiver has no right to publish it without the consent of the writer, = unless=20 under very extraordinary circumstances; as, for example, when it is = requisite to=20 the defence of the character of the party who received it. 2 Ves. & = B. 19; 2=20 Atk. 542; Amb. 737; 1 Ball. & B. 207; 1 Mart. (Lo.) R. 297; = Denisart, verbo=20 Lettres Missives. Vide Dead Letter; Jeopardy; Mail; Newspaper; Postage; = Post=20 Master General.

LETTER, contracts. In the civil law, locator, and in the = French law,=20 locateur, loueur, or bailleur, is he who, being the owner of a thing, = lets it=20 out to another for hire or compensation. See Hire; Locator; Conductor; = Story on=20 Bailm. =A7369.

2. According to the French and civil law, in virtue of the contract, = the=20 letter of a thing to hire impliedly engages that the hirer shall have = the full=20 use and enjoyment of the thing hired, and that he will fulfil his own=20 engagements and trusts in respect to it, according to the original = intention of=20 the parties. This implies an obligation to deliver the thing to the = hirer; to=20 refrain from every obstruction to the use of it by the hirer during the = period=20 of the bailment; to do no act which shall deprive the hirer of the = thing; to=20 warrant the title and possession to the hirer, to enable him to use the = thing or=20 to perform the service; to keep the thing in suitable order and repair = for the=20 purpose of the bailment; and finally to warrant the thing from from any = fault=20 inconsistent with the use of it. These are the main obligations deduced = from the=20 nature of the contract, and they seem generally founded on = unexceptionable=20 reasoning. Pothier, Louage, n. 53; Id. n. 217; Domat, B. 1, tit. 4, =A73 = Code Civ.=20 of L. tit. 9, c. 2, s. 2. It is difficult to say how far (reasonable as = they are=20 in a general sense) these obligations are recognized in the common law. = In some=20 respects the common law certainly differs. See Repairs; Dougl. 744, 748; = 1=20 Saund. 321, 32e, and ibid. note 7; 4 T. R. 318; 1 Bouv. Inst. n. 980 et = seq.

LETTER, civil law. The answer which the prince gave to = questions of=20 law which had been submitted to him by magistrates, was called letters = or=20 epistles. See Rescripts.

LETTER OF ADVICE. comm. law. A letter containing information = of any=20 circumstances unknown to the person to whom it is written; generally = informing=20 him of some act done by the writer of the letter.

2. It is usual and perfectly proper for the drawer of a bill of = exchange to=20 write a letter of advice to the drawee, as well to prevent fraud or = alteration=20 of the bill, as to let the drawee know what provision has been made for = the=20 payment of the bill. Chitt. Bills 185. (ed. of 1836.)

LETTER OF ATTORNEY, practice. A written instrument under seal, = by=20 which one or more persons, called the constituents, authorize one or = more other=20 persons called the attorneys, to do some lawful act by the latter, for = or=20 instead, and in the place of the former. 1 Moody, Cr. Cas. 52, 70.

2. The authority given in the lettor of attorney is either general, = as to=20 transact all the business of the constituent; or special, as to do some = special=20 business, particularly named; as, to collect a debt.

3. It is revocable or irrevocable; the former when no interest is = conveyed to=20 the attorney, or some other person. It is irrevocable when the = constituent=20 conveys a right to the attorney in the matter which is the subject of = it; as,=20 when it is given as part security. 2 Esp. R. 565. Civil Code of Lo: art. = 2954 to=20 2970.

LETTER BOOK, commerce. A book containing the copies of letters = written=20 by a merchant or trader to his correspondents.

2. After notice to the plaintiff to produce a letter which he = admitted to=20 have received from the defendant, it was held that an entry by a = deceased clerk,=20 in a letter book professing to be a copy of a letter from the defendant = to the=20 plaintiff of the same date, was admissible evidence of the contents, = proof=20 having been given, that according to the course of business, letters of = business=20 written by the plaintiff were copied by this clerk and then sent off by = the=20 post. 3 Campb. R. 305. Vide 1 Stark Ev. 356; Bouv. Inst. n. 3139.

LETTER CARRIER. A person employed to carry letters from the = post=20 office to the persons to whom they are addressed.

2. The act of congress of March 3, 1851, Statutes at Large of U. S. = by Minot,=20 591, directs, =A710, That it shall be in the power of the postmaster = general, at=20 all post offices where the postmaster's are appointed by the president = of the=20 United States, to establish post routes within the cities or towns, to = provide=20 for conveying letters to the post office by establishing suitable and = convenient=20 places of deposit, and by employing carriers to receive and deposit them = in the=20 post office; and at all such offices it shall be in his power to cause = letters=20 to be delivered by suitable carriers, to be appointed by him for that = purpose,=20 for which not exceeding one or two cents shall be charged, to be paid by = the=20 person receiving or sending the same, and all sums so received shall be = paid=20 into the post office department: Provided, The amount of compensation = allowed by=20 the postmaster general to carriers shall in no case exceed the amount = paid into=20 the treasury by each town or city under the provisions of this = section.

3. It is further enacted by c. xxi. s. 2, That the postmaster general = shall=20 be, and he is hereby, authorized to appoint letter carriers for the = delivery of=20 letters from any post office in California or Oregon, and to allow the = letter=20 carriers who may be appointed at any such post office to demand and = receive such=20 sum for all letters, newsapers, or other mailable matter delivered by = them, as=20 may be recommended by the postmaster for whose office such letter = carrier may be=20 appointed, not exceeding five cents for every letter, two cents for = every=20 newspaper, and two cents for every ounce of other mailable matter and = the=20 postmaster general shall be, and he is hereby, authorized to empower the = special=20 agents of the post office department in California and Oregon to appoint = such=20 letter carriers in their districts respectively, and to fix the rates of = their=20 compensation within the limits aforesaid, subject to, and until the = final action=20 of, the postmaster general thereon. And such appointments may be made, = and rates=20 of compensation modified from time to time, as may be deemed expedient = and the=20 rates of compensation may be fixed, and graduated in respect to the = distance of=20 the place of delivery from the post office for which such carriers are=20 appointed, but the rate of compensation of any such letter carrier shall = not be=20 changed after his appointment, except by the order of the postmaster = general;=20 and such letter carriers shall be subject to the provisions of the = forty-first=20 section of the act entitled "An Act to change the organization of the = post=20 office, department, and to provide more effectually for the settlement = of the=20 accounts thereof," approved July second, eighteen hundred and = thirty-six, except=20 in cases otherwise provided for in this act.

LETTER OF CREDENCE, international law. A written instrument = addressed=20 by the sovereign or chief magistrate of a state, to the sovereign or = state to=20 whom a public minister is sent, certifying his appointment as such, and = the=20 general objects of his mission, and requesting that full faith and = credit may be=20 given to what he shall do and say ou the part of his court.

2. When it is given to an ambassador, envoy, or minister accredited = to a=20 sovereign, it is addressed to the sovereign or state to whom the = minister is=20 delegated in the case of a charg=C7 d'affaires, it is addressed by the = secretary=20 or minister of state charged with the department of foreign affairs to = the=20 minister of foreign affairs of the other government. Wheat. = International Law,=20 pt. 3, c. 1, =A77; Wicquefort, de l'Ambassadeur, l. 1, =A715.

LETTER OF CREDIT, contracts. An open or sealed letter, from a = merchant=20 in one place, directed to another, in another place or country, = requiring him=20 that if a person therein named, or the bearer of the letter, shall have = occasion=20 to buy commodities, or to want money to any particular or unlimited = amount,=20 either to procure the same, or to pass his promise, bill, or other = engagement=20 for it, the writer of the letter undertaking to provide him the money = for the=20 goods, or to repay him by exchange, or to give him such satisfaction as = he shall=20 require, either for himself or the bearer of the letter. 3 Chit Com. = Law, 336;=20 and see 4 Chit. Com. Law, 259, for a form of such letter.

2. These letters are either general or special; the former is = directed to the=20 writer's friends or correspondents generally, where the bearer of the = letter may=20 happen to go; the latter is directed to some particular person. When the = letter=20 is presented to the person to whow it is addressed, he either agrees to = comply=20 with the request, in which case he immediately becomes bound to fulfil = all the=20 engagements therein mentioned; or he refuses in which case the bearer = should=20 return it to the giver without any other proceeding, unless, indeed, the = merchant to whom the letter is directed is a debtor of the merchant who = gave the=20 letter, in which case he should procure the letter to be protested. 3 = Chit. Com.=20 Law, 337; Malyn, 76; 1 Beaw. Lex Mer. 607; Hall's Adm. Pr. 14; 4 Ohio R. = 197; 1=20 Wllc. R. 510.

3. The debt which arises on such letter, in its simplest form, when = complied=20 with, is between the mandator and the mandant; though it may be so = conceived as=20 to raise a debt also against the person who is supplied by the = mandatory. 1.=20 When the letter is purchased with money by the person wishing for the = foreign=20 credit; or, is granted in consequence of a check on his cash account, or = procured on the credit of securities lodged with the person who granted = it; or=20 in payment of money due by him to the payee; the letter is, in its = effects,=20 similar to a bill of exchange drawn on the foreign merchant. The payment = of the=20 money by the person on whom the letter is granted raises a debt, or goes = into=20 account between him and the writer of the letter; but raises no debt to = the=20 person who pays on the letter, against him to whom the money is paid. 2. = When=20 not so purchased, but truly an accommodation, and meant to raise a debt = on the=20 person accommodated, the engagement, generally is, to see paid any = advances made=20 to him, or to guaranty any draft accepted or bill discounted and the = compliance=20 with the mandate, in such case, raises a debt, both against the writer = of the=20 letter, and against the person accredited. 1 Bell's Com. 371, 6th ed. = The bearer=20 of the letter of credit is not considered bound to receive the money; he = may use=20 the letter as he pleases, and he contracts an obligation only by = receiving the=20 money. Poth. Contr. de Change, 237.

LETTER OP LICENSE, contracts. An instrument or writing made by = creditors to their insolvent debtor, by which they bind themselves to = allow him=20 a longer time than he had a right to, for the payment of his debts and = that they=20 will not arrest or molest him in his person or property till after the=20 expiration of such additional time.

LETTER OF MARQUE AND REPRRISAL, War. A commission granted by = the=20 government to a private individual, to take the property of a foreign = state, or=20 of the citizens or subjects of such state, as a reparation for an injury = committed by such state, its citizens or subjects. A vessel loaded with=20 merchandise, on a voyage to a friendly port, but armed for its own = defence in=20 case of attack by an enemy, is also called a letter of marque. 1 = Bouly-Paty,=20 tit. 3, s. 2, p. 300.

2. By the constitution, art. 1, s. 8, cl. 11, congress has power to = grant=20 letters of marque and reprisal. Vide Chit. Law of Nat. 73; 1 Black. Com. = 251;=20 Vin. Ab. Prerogative, N a; Com. Dig. Prerogative, B 4; Molloy, B. 1, c. = 2, s.=20 10; 2 Wooddes. 440; 6 Rob. Rep. 9; 5 Id. 360; 2 Rob. Reb. 224. And vide=20 Reprisal.

LETTER missive, Engl. law. After a bill has been filed against = a peer=20 or peeress, or lord of parliament, a petition is presented to the lord=20 chancellor for his letter, called a letter missive, which requests the = defendant=20 to appear and answer to the bill. A neglect to attend to this, places = the=20 defendant, in relation to such suit, on the same ground as other = defendants, who=20 are not peers, and a subpoena may then issue. Newl. Pr. 9; 2 Madd. Ch. = Pr. 196;=20 Coop. Eq. Pl. 16.

LETTER of RECFALL. A written document addressed by the = executive of=20 one government to the executive of another, informing the latter that a = minister=20 sent by the former to him, has been recalled.

LETTER OF RECOMMENDATION, com. law. An instrument given by one = person=20 to another, addressed to a third, in which the bearer is represented as = worthy=20 of credit. 1 Bell's Com. 371, 6th, ed.; 9 T. R. 51; 7 Cranch, Rep. 69; = Fell on=20 Guar. c. 8; 6 Johns. R. 181; 13 Johns. R. 224; 1 Day's Cas. Er 22; and = the=20 article Recommendation.

LETTER OF RECREDENTIALS. A document delivered to a minister, = by the=20 secretary of state of the government to which he was accredited. It is = addressed=20 to the executive of the minister's country. This is in reply to the = letter of=20 recall.

LETTERS CLOSE, Engl. law. Close letters are grants, of the = king, and=20 being of private concern, they are thus distinguished from letters = patent.

LETTERS AD COLLIGENDUM BONA DE FUNCTI, practice. In default of = the=20 representatives and creditors to administer to the estate of an = intestate, the=20 officer entitled to grant letters of administration, may grant to such = person as=20 he approves, letters to collect the goods of the deceased, which neither = make=20 him executor nor administrator; his only busness being to collect the = goods and=20 keep them in his safe custody. 2 Bl. Com. 505.

LETTERS PATENT. The name of an instrument granted by the = government to=20 convey a right to the patentee; as, a patent for a tract of land; or to = secure=20 to him a right which he already possesses, as a patent for a new = invention or=20 discovery; Letters patent are a matter of record. They are so called = because=20 they are not sealed up, but are granted open. Vide Patent.

LETTERS OF REQUEST, Eng. eccl. law, An instrument by which a = judge of=20 an inferior court waives or remits his own jurisdiction in favor of a = court of=20 appeal immediately superior to it.

2. Letters of request, in general, lie only where an appeal would = lie, and=20 lie only to the next immediate court of appeal, waiving merely the = primary=20 jurisdiction to the proper appellate court, except letters of request = from the=20 most inferior ecclesiastical court, which may be direct to the court of = arches,=20 although one or two courts of appeal may, by this, be ousted of their=20 jurisdiction as courts of appeal. 2 Addams, R. 406. The effect of = letters of=20 request is to give jurisdiction to the appellate court in the first = instance.=20 Id. See a form of letters of request in 2 Chit. Pr. 498, note.

LETTERS ROGATORY. A letter rogatory is an instrument sent in = the name=20 and by the authority of a judge or court to another, requesting the = latter to=20 cause to be examined, upon interrogatories filed in a cause depending = before the=20 former, a witness who is within the jurisdiction of the judge or court = to whom=20 such letters are addressed. In letters rogatory there is always an offer = on the=20 part of tbe court whence they issued, to render a similar service to the = court=20 to which they may be directed whenever required. Pet. C. C. Rep. = 236.

2. Though formerly used in England in the courts of common law, 1 = Roll. Ab.=20 530, pl. 13, they have been superseded by commissions of Dedimus = potestatem,=20 which are considered to be but a feeble substitute. Dunl. Pr. 223, n.; = Hall's=20 Ad. Pr. 37. The courts of admiralty use these letters, which are derived = from=20 the civil law, and are recognized by the law of nations. See Foelix, Dr. = Intern.=20 liv. 2, t. 4, p. 800; Denisart, h. t.

LETTERS TESTAMENTARY, AND OF ADMINISTRATION. It is proposed to = consider, 1. Their different kinds. 2. Their effect.

2. - =A71. Their different kinds. 1. Letters testamentary. This is an = instrument in writing, granted by the judge or officer having = jurisdiction of=20 the probate of wills, under his hand and official seal, making known = that on the=20 day of the date of the said letters, the last will of the testator, = (naming=20 him,) was duly proved before him; that the testator left goods, &c., = by=20 reason, whereof, and the probate of the said will, he certifies "that=20 administration of all and singular, the goods, chattels, rights and = credits of=20 the said deceased, any way concerning his last will and testament, was = committed=20 to the executor, (naming him,) in the said testament named." 2. Letters = of=20 administration may be described to be an instrument in writing, granted = by the=20 judge or officer having jurisdiction and power of granting such letters, = thereby=20 giving the administrator, (naming him,)," full power to administer the = goods,=20 chattels, rights and credits, which were of the said deceased, in the = county or,=20 district in which the said judge or officer has jurisdiction; as also to = ask,=20 collect, levy, recover and receive the credits whatsoever, of the said = deceased,=20 which at the time of his death were owing, or did in any way belong to = him, and=20 to pay the debts in which the said deceased stood obliged, so far forth = as the=20 said goods and chattels, rights and credits will extend, according, to = the rate=20 and order of law." 3. Letters of administration pendente lite, are = letters=20 granted during the pendency of a suit in relation to a paper purporting = to be=20 the last will and testament of the deceased. 4. Letters of = administration de=20 bonis non, are granted, where the former executor or administrator did = not=20 administer all the personal estate of the deceased, and where he is dead = or has=20 been discharged or dismissed. Letters of administration, durante minori = aetate,=20 are granted where the testator, by his will, appoints an infaut = executor, who is=20 incapable of acting on account of his infancy. Such letters remain in = force=20 until the infant arrives at an age to take upon himself the execution of = the=20 will. Com. Dig. Administration, F; Off. Ex. 215, 216. And see 6 Rep. 67, = b; 5=20 Rep. 29, a; 11 Vin. Abr. 103; Bac. Ab. h. t. 6. Letters of = administration=20 durante absentia, are granted when the executor happens to be absent at = the time=20 when the testator died, and it is necessary that some person should act=20 immediately in the management of the affairs of the estate.

3. - =A72. Of their eltect. 1. Generally. 2. Of their effect in the = different=20 states, when granted out of the state in which legal proceedings are=20 instituted.

4. - 1. Letters testamentary are conclusive as to personal property, = while=20 they remain unrevoked; as to realty they are merelly prim=C9 facie = evidence of=20 right. 3 Binn. 498; Gilb. Ev. 66;. 6 Binn. 409; Bac. Abr. Evidence, F. = See 2=20 Binn. 511. Proof that the testator was insane, or that the will was = forged, is=20 inadmissible. 16 Mass. 433; 1 Lev. 236. But if the nature of his plea = allow the=20 defendant to enter into such proof, he may show that the seal of the = supposed=20 probate has been forged, or that the letters have been obtained by = surprise; 1=20 Lev. 136; or been revoked; 15 Serg. & Rawle, 42; or that the = testator is=20 alive. 15 Serg. & Rawle, 42; 3 T. R. 130.

5. - 2. The effect of letters testametary, and of administration = granted, in=20 some one of the United States, is different in different states. A brief = view of=20 the law on this subject will here be given, taking the states in = alphabetical=20 order.

6. Alabama. Administrators may sue upon letters of administration = granted in=20 anothor state, where the intestate had no known place of residence in = Alabama at=20 the time of his death, and no representative has been appointed in the = state;=20 but before rendition of the judgment, he must produce to the court his = letters=20 of administration, authenticated according to the laws of the United = States, and=20 the certificate of the clerk of some county court in this state, that = the=20 letters have been recorded in his office. Before he is entitled to the = money on=20 the judgment, he must also give bond, payable to the judge of the court = where=20 the judgment is rendered, for the faithful administration of the money = received.=20 Aiken's Dig. 183 Toulm. Dig. 342.

7. Arkansas. When the deceased had no residence in Arkansas, and he = devised=20 lands by will, or where the intestate died possessed of lands, letters=20 testa-mentary or of administration shall be granted in the county where = the=20 lands lie, or of one of them, if they lie in several counties; and if = the=20 deceased had no such place of residence and no lands, such letters may = be=20 granted in the county in which the testator or intestate died, or where = the=20 greater part of his estate may be. Rev. Stat. c. s. 2.

8. Connecticut. Letters testamentary issued in another state, are not = available in this. 3 Day 303. Nor are letters of administration. 3 Day, = 74; and=20 see 2 Root, 462.

9. Delaware. By the act of 1721, 1 State Laws, 82, it is declared in=20 substance, that when any person shall die, leaving bona notabilia, in = several=20 counties in the state and in Pennsylvania or elsewhere; and, any person = not=20 residing in the state, obtains letters of administration out of the = state, the=20 deceased being indebted to any of the inhabitants of the state, for a = debt=20 contracted within the same to the value of =FA20, then, and in such = case, such=20 administrator, before he can obtain any judgment in any court of record = within=20 the state against any inhabitant thereof, by virtue of such letters of=20 administration, is obliged to file them with some of the registers in = this=20 state; and must enter into bonds with sufficient sureties, who have = visible=20 estates here, with condition to pay and satisfy all such debts as were = owing by=20 the intestate at the time of his death to any person residing in this = state, so=20 far as the effects of the deceased in this state will extend. By the act = of June=20 16, 1769, 1 State Laws, 448, it is enacted in substance that any will in = writing=20 made by a person residing out of the state, whereby any lands within the = state=20 are devised, which shall be proved in the chancery in England, Scotland, = Ireland, or any colony, plantation, or island in America, belonging to = the king=20 of Great Britain, or in the hustings, or mayor's court, in London, or in = some=20 manor court, or before such persons as have power or authority at the = time of=20 proving such wills, in the places aforesaid, to take probates of wills, = shall be=20 good and available in law for granting the lands devised, as well as of = the=20 goods and chattels bequeathed by such will. The copies of such will, and = of the=20 bill, answer, depositions and decree, where proved in any court of = chancery, or=20 copies of such wills and the probate thereof, where proved in any other = court,=20 or in any office as aforesaid, being transmitted to this state, and = produced=20 under the public or common-seal of the court or office where the probate = is=20 taken, or under the great seal of the kingdom, colony, plantation or = island,=20 within which such will is proved (except copies of such wills and = probates as=20 shall appear to be revoked), are declared to be matter of record, and to = be good=20 evidence in an any court of law or equity in this state, to prove the = gift or=20 devise made in such will; and such probates are declared to be = sufficient to=20 enable executors to bring their actions within any court within this = state, as=20 if the same probates or letters testamentary were granted here, and = produced=20 under the seal of any of the registers offices within this state. By the = 3d=20 section of the act, it is declared that the copies of such wills and = probates so=20 produced, and given in evidence, shall not be returned by the court to = the=20 persons producing them, but shall be recorded in the office of the = recorder of=20 the county where the same are given in evidence, at the expense of the = party=20 producing the same.

10. Florida. Copies of all wills, and letters testamentary and of=20 administration, heretofore recorded in any public office of record in = the state,=20 when duly certified by the keeper of said records, shall be received in = evidence=20 in all courts of record in this state and the probate of wills granted = in any of=20 the United States or of the territories thereof, in any foreign country = or=20 state, duly authenticated and certified according to the laws of the = state or=20 territory, or of the foreign country or state, where such probate may = have been=20 granted, shall likewise be received in evidence in all courts of record = in this=20 state.

11. Georgia. To enable executors and administrators to sue in = Georgia, the=20 former must take out letters testamentary in the county where the = property or=20 debt is; and administrators, letters of administration. Prince's Dig. = 238; Act=20 of 1805, 2 Laws of Geo. 268.

12. Illinois. Letters testamentary must be taken out in this state, = and when=20 the will is to be proved, the original must be produced; administrators = of other=20 states must take out letters in Illinois, before they can maintain an = action in=20 the courts of the state. 3 Griff. L. R. 419.

13. Indiana. Executors and administrators appointed in another state = may=20 maintain actions and suits and do all other acts coming within their = powers, as=20 such, within this state, upon producing authenticated copies of such = letters and=20 filing them with the clerk of the court in which such suits are to be = brought.=20 Rev. Code, c. 24, Feb. 17, 1838, sec. 44.

14. Kentucky executors and administrators appointed in other states = may sue=20 in Kentucky "upon filing with the clerk of the court where the suit is = brought,=20 an authenticated copy of the certificate of probate, or orders granting = letters=20 of administration of said estate, given in such non-resident's state." 1 = Dig.=20 Stat. 536; 2 Litt. 194; 3 Litt. 182.

15. Louisiana. Executors or administrators of other states must take = out=20 letters of curatorship in this state. Exemplifications of wills, and = testaments=20 are evidence. 4 Griff. L. R. 683; 8 N. S. 586.

16. Maine. Letters of administration must be taken from some court of = probate=20 in this state. Copies of wills which have been proved in a court of = probate in=20 any of the United States, or in a court of probate of any other state or = kingdom, with a copy of the probate thereof, under the seal of the court = where=20 such wills have been proved, may be filed and recorded in any probate = court in=20 this state, which recording shall be of the same force as the recording = and=20 proving the original will. Rev. Stat. T. 9, c. 107 =A720; 3 Mass, 514; 9 = Mass.=20 337; 11 Mass. 256; 1 Pick. 80; 3 Pick. 128.

17. Maryland. Letters testamentary or of administration granted out = of=20 Maryland have no effect in this state, except only such letters issued = in the=20 District of Columbia, and letters granted there authorize executors or=20 administrators to claim and sue in this state. Act of April 1813, chap. = 165. By=20 the act of 1839, chap. 41, when non-resident owners of any public or = state of=20 Maryland stocks, or stocks of the city of Baltimore, or any other = corporation in=20 this state die, their executors or administrators constituted under the=20 authority of the state, district, territory or country, where the = deceased=20 resided at his death, have the same power as to such stocks, as if they = were=20 appointed by authority of the state of Maryland. But, before they can = transfer=20 the stocks, they must, during three months, give notice to two = newspapers=20 published in Baltimore, of the death of the testator or intestate, and = of the=20 "amount and description of the stock designed to be transferred." = Administration=20 must be granted in this state, in order to recover a debt due here to a=20 decedent, or any of his property, with the exceptions above noticed.

18. Massachusetts. When any person shall die intestate in any other = state or=20 country, leaving estate to be administered within this state, = administration=20 thereof shall be granted by the judge of probate of any county, in which = there=20 is any estate to be administered; and the administration, which shall be = first=20 lawfully granted shall extend to all the estate of the deceased within = the=20 state, and shall exclude the jurisdiction of the probate court in every = other=20 county. Rev. Stat., ch. 64, s. 3. See 3 Mass. 514; 5 Mass. 67; 11 Mass. = 256 Id.=20 314; 1 Pick. 81.

19. Michigan. Letters testamentary or letters of administration = granted out=20 of the state are not of any validity in it. In order to collect the = debts or to=20 obtain the property a deceased person who was not a resident of the = state, it is=20 requisite to take out letters testamentary or letters of administration = from a=20 probate court of this stafe, within whose jurisdiction the property = lies, which=20 letters operate over all the state, and then sue in the name of the = executor or=20 administrator so appointed. Rev. Stat. 280. When the deceased leaves a = will=20 executed according to the laws of this state, and the same is admitted = to proof=20 and record where he dies, a certified transcript of the will and probate = thereof, may be proved and recorded in any county in this state, where = the=20 deceased has property real or personal, and letters testamentary may = issue=20 thereon. Rev. Stat. 272, 273.

2O. Mississippi. Executors or administrators in another state or = territory=20 cannot as such, sue nor be sued in this state. In order to recover a = debt due to=20 a deceased person or his property, there must be taken out in the state, = letters=20 of administration or letters with the will annexed, as the case may be. = These=20 may be taken out from the probate court of the county where the proprty = is=20 situated, by a foreign as well as a local creditor, or any person = interested in=20 the estate of the deceased, if properly qualified in other respects. = Walker's R.=20 211.

21. Missouri. Letters testamentary or of administration granted in = another=20 state have no validity in this; to maintain a suit, the executors or=20 adminis-trators must be appointed under the laws of this state. Rev. = Code, =A72,=20 pt 41.

22. New Hampshire. One who has obtained letters of administrition; = Adams'=20 Rep. 193, or letters testamentary under the authority of another state, = cannot=20 maintain an action in New Hampshire by virtue of such letters. 3 Griff. = L. R.=20 41.

23. New Jersey. Executors having letter testamentary, and = administrators=20 letters of administration granted in another state, cannot sue thereon = in New=20 Jersey, but must obtain such letters in that state as the law = prescribes. 4=20 Griff. L R. 1240. By the act of March 6, 1828, Harr. Comp. 195, when a = will has=20 been admitted to probate in any state or territory of the United States, = or=20 foreign nation, the surrogate of any county or this state is authorized, = on=20 applicaton of the executor or any person interested, on filing a duly=20 exemplified copy of the will, to appoint a time not less than thirty = days, and=20 not more than six-months distant, of which notice is to be given as he = shall=20 direct, and if at such time, no sufficient reason be shown to the = contrary, to a=20 omit such will to probate, and grant letters testamentary or of = administration=20 cum testamento annexo, which shall have the same effect as though the = original=20 will had been produced and proved under form. If the person to whom such = letters=20 testamentary or of administration be granted, is not a resident of this = state,=20 he is required to give security for the faithful administration of the = estate.=20 By the statute passed February 28, 1838, Elmer's Dig. 602, no instrument = of=20 writing can be admitted to probate under the preceding act unless it be = signed=20 and published by the testator as his will. See Saxton's Ch. R. 332.

24. New York. An executor or administrator appointed in another state = has no=20 authority to sue in New York. 6 John. Ch. Rep. 353; 7 John. Ch. Rep. 45; = 1=20 Johns. Ch. Rep. 153. Whenever an intestate, not being an inhabitant of = this=20 state, shall die out of the state, leaving assets in several counties, = or assets=20 shall after his death come in several counties, the surrogate of any = county in=20 which assets shall be, shall have power to grant letters of = administration on=20 the estate of such intestate; but the surrogate, who shall first grant = letters=20 of administration on such estate, shall be deemed thereby to have = acquired sole=20 and exclusive jurisdiction over such estate, and shall be vested with = the powers=20 incidental thereto. Rev. Stat. part 2, c. 6. tit. 2, art. 2, s. 24; 1 R. = L. 455=20 =A73; Laws, of 1823, p. 62, s. 2, 1824, p. 332.

25. North Carolina. It was decided by the court of conference, then = the=20 highest tribunal in North Carolina, that letters granted in Georgia were = insufficient. Conf. Rep. 68. But the supreme court have since held that = letters=20 testamentary granted in South Carolina, were sufficient to enable an = executor to=20 sue in North Carolina. 1 Car. Law Repos. 471. See 1 Hayw. 364.

26. By the revised statutes, ch. 46, s. 6, it is provided, that = "where a=20 testator or testatrix shall appoint any person, residing out of this = state,=20 executor or executrix of his or her last will and testament, it shall be = the=20 duty of the court of pleas and quarter sessions, before which the said = will=20 shall be offered for probate, to cause the executor or executrix named = therein,=20 to enter into bond with good and sufficient security for his or her = faithful=20 administration of the estate of the said testator or testatrix and for = the=20 distribution thereof in the manner prescribed by law; the penalty of = said bond=20 shall be double the supposed amount of the personal estate of the said = testator=20 or testatrix; and until the said executor or executrix shall enter into = such=20 bond, he or she shall have no power nor authority to intermeddle with = the estate=20 of the said testator or testatrix; and the court of the county in which = the=20 testator or testatrix had his or her last usual place of resi-dence, = shall=20 proceed to, grant letters of administration with the will annexed, which = shall=20 continue in force until the said executor or executrix shall enter into = bond as=20 aforesaid. Provided nevertheless, and it is hereby declared, that the = said=20 executor or executrix shall enter into bond as by this act directed = within the=20 space of one year after the death of the said testator, or testatrix, = and not=20 afterwards."

27. Ohio. Executors and administrators appointed under the authority = of=20 another state, may, by virtue of such appointment, sue in this. Ohio = Stat. vol.=20 38, p. 146; Act. of March 23, 1840, which, went into effect the first = day of=20 November following; Swan's Coll. 184.

28. Pennsylvania. Letters testamentary or of administration, or = otherwise=20 purporting to authorize any person to intermeddle with the estate of a = decedent,=20 granted out of the commonwealth, do not in general confer on any such = person any=20 of the powers, and authorities possessed by an executor or = administrator, under=20 letters granted within the state. Act of March 15, 1832 s. 6. But by the = act of=20 April 14, 1835, s. 3, this rule is declared not to apply to any public = debt or=20 loan of this commonwealth; but such public debt or loan shall pass and = be=20 transferable, and the dividends thereon accrued and to accrue, be = receivable in=20 like manner and in all respects and under the same and no other = regulations,=20 powers and authorities as were used and practiced before the passage of = the=20 above mentioned act. And the act of June 16, 1836, s. 3, declares that = the above=20 act of March 15, 1832, s. 6, shall not apply to shares of stock in any = bank or=20 other incorporated company, within this commonwealth, but such shares of = stock=20 shall pass and be transferable, and the dividends thereon accrued and to = accrue,=20 be receivable in like manner in all respects, and under the same = regulations,=20 powers and authorities as were used and practiced with the loans or = public debts=20 of the United States and were used and practiced with the loans or = public debt=20 of this commonwealth, before the passage of the, said act of March 15, = 1832, s.=20 6, unless the by-laws, rules and regulations of any such bank or = corporation,=20 shall, otherwise provide and declare. Executors and administrators who = had been=20 lawfully appointed in some other of the United States, might, by virtue = of their=20 letters duly authenticated by the proper officer, have sued in this = state. 4=20 Dall. 492; S. C. 1 Binn. 63. But letters of administration granted by = the=20 archbishop of York, in England, give no authority to the administrator = in=20 Pennsylvania. 1 Dall. 456.

29. Rhode Island. It does not appear to be settled whether executors = and=20 administrators appointed in another state, may, by virtue of such = appointment,=20 sue in this. 3 Griff. L. R. 107, 8.

30. South Carolina. Executors and administrators of other states, = cannot, as=20 such, sue in South Carolina; they must take out letters in the state. 3 = Griff.=20 L. R. 848.

31. Tennessee. =A71. Where any person or persons may obtain, = administration on=20 the estate of any intestate, in any one of the United States, or = territory=20 thereof, such person or persons shall be enabled to prosecute suits in = any court=20 in this state, in the same manner as if administration had been granted = to such=20 person or persons by any court in the state of Tennessee. Provided, that = such=20 person or persons shall, produce a copy of the letters of = administration,=20 authenticated in the manner which has been prescribed by the congress of = the=20 United States, for authenticating the records or judicial acts of any = one state,=20 in order to give them validity in any other state and that such letters = of=20 administration had been granted in pursuance of, and agreeable to the = laws of=20 the state or territory in which such letters of administration were = granted.

32. =A7 2. When any executor or executors may prove the last will and = testament=20 of any deceased person, and take on him or themselves the execution of = said will=20 in any state in the United States, or in any territory thereof, such = person or=20 persons shall be enabled to prosecute suits in any court in this state, = in the=20 same manner as if letters testamentary had been granted to him or them, = by any=20 court within the state of Tennessee. Provided, That such executor or = executors=20 shall, produce a certified copy of the letters testa-mentary under the = hand and=20 seal of the clerk of the court where the same were obtained, and a = certificate=20 by the chief justice, presiding judge, or chairman of such court, that = the=20 clerk's certificate is in due form, and that such letters testamentary = had been=20 granted in pursuance of, and agreeable to, the laws of the state or = territory in=20 which such letters testamentary were granted. Act of 1839, Carr. & = Nich.=20 Comp. 78.

33. Vermont. If the deceased person shall, at the time of his death, = reside=20 in any other state or country, leaving estate to be administered in this = state,=20 administration thereof shall be granted by the probate court of the = district in=20 which there shall be estate to administer; and the administration first = legally=20 granted, shall extend to all the estate of the deceased in this state, = and shall=20 exclude the jurisdiction of the probate court of every other district. = Rev.=20 Stat. tit. 12, c. 47, s. 2.

34. Virginia. Authenticated copies of wills, proved according to the = laws of=20 any of the United States, or of any foreign country, relative to any = estate in=20 Virginia, may be offered for probate in the general court, or if the = estate lie=20 altogether in any other county or corporation, in the circuit, county or = corporation court of such county or corporation. 3 Griff. L. R. 345. It = is=20 understood to be the settled law of Virginia, though there is no = statutory=20 provision on the subject, that no probate of a will or grant of = administration=20 in another state of the Union, or in a foreign country, and no = qualification of=20 an executor or administrator, elsewhere than in Virginia, give any such = executor=20 or administrator any right to demand the effects or debts of the = decedent, which=20 may happen to be within the jurisdiction of the state. There must be a = regular=20 probate or grant of administration and qualification of the executor or=20 administrator in Virginia, according to her laws. And the doctrine = prevails in=20 the federal courts held in Virginia, as well as in the state courts. 3 = Graff. L.=20 R. 348.

LEVANT ET COUCHANT. This French phrase, which ought perhaps = more=20 properly to be couchant et levant, signifies literally rising and lying = down. In=20 law, it denotes that space of time which cattle have been on the land in = which=20 they have had time to lie down and rise again, which, in general, is = held to be=20 one night at least. 3 Bl. Com. 9; Dane's Ab. Index, h. t; 2 Lilly's Ab. = 167;=20 Wood's Inst. 190; 2 Bouv. Inst. n. 1641.

LEVARI FACIAS, Eng. law. A writ of execution against the goods = and=20 chattels of a clerk. Also the writ of execvtion on a judgment at the = suit of the=20 crown. When issued against an ecclesiastic, this writ is in effect the = writ of=20 fieri facias directed to the bishop of the diocese, commanding him to = cause=20 execution to be made of the goods and chattels of the defendant in his = diocese.=20 The writ also recites, that the sheriff had returned that the defendant = had no=20 lay fee, or goods or chattels whereof he could make a levy, and that the = defendant was a beneficed clerk; &c. See 1, Chit. R. 428; Id. 589, = for cases=20 when it issues at the suit of the crown. This writ is also used to = recover the=20 plain-tiff's debt; the sheriff is commanded to levy, such debt on the = lands and=20 goods of the defendant, in virtue of which he may seize his goods, and = receive=20 the rents and profits of his lands, till satisfaction be made to the = plain-tiff.=20 8 Bl. Com. 417; Vin. Ab. 14; Dane's Ab. Index, h. t.

2. In Pennsylvania, this writ is used to sell lands mortgaged after a = judgment has been obtained by the mortgagee, or his assignee, against = the=20 mortgagor, under peculiar. proceeding authorized by statute. 3 Bouv. = Inst. n.=20 3396.

LEVITICAL DEGREES. Those degrees of 'kindred set forth' in the = eighteenth chapter of Leviticus, within which persons are prohibited to = marry.=20 Vide Branch; Descent; Line.

LEVY, practice. A seizure (q. v.) the raising of the money for = which=20 an execution has been issued.

2. ln order to make a valid levy on personal property, the sheriff = must have=20 it within his power and control, or at least withn his view, and if, = having it=20 so, he makes a levy upon it, it will be good if followed up afterwards = within a=20 reasonable time, by his takikng possession in such manner as to apprize=20 everybody of the fact of its having been taken into execution. 3 Rawle = R. 405-6;=20 1 Whart. 377; 2 S. & R. 142; 1 Wash C. C. R. 29; 6 Watts, 468; 1 = Whart. 116.=20 The usual mode of making levy upon real estate, is to describe the land = which=20 has been seised under the execution, by metes and bounds, as in a deed = of=20 conveyance. 3 Bouv. Inst. n. 3391.

3. It is a general rule, that hwen a sufficient levy has been made, = the=20 officer cannot make a second. 12 John. R. 208; 8 Cowen, R. 192. LEVYING = WAR,=20 crim. law. The assembling of a body of men for the purpose of effecting = by force=20 a treasonable object; and all who perform any part however minute, or = however=20 remote from the scene of action, and who are leagued in the general = conspiracy,=20 are considered as engaged in levying war, within the meaning of the=20 constitution. 4 Cranch R. 473-4; Const. art. 3, s. 3. Vide Treason; = Fries'Trial;=20 Pamphl. This is a technical term, borrowed from the English law, and its = meaning=20 is the same as it is when used in stat. 25 Ed. III.; 4 Cranch's R. 471; = U. S. v.=20 Fries, Pamphl. 167; Hall's Am. Law Jo. 351; Burr's Trial; 1 East, P. C. = 62 to=20 77; Alis. Cr. Law of Scotl. 606; 9 C. & P. 129.

LEX. The law. A law for the government of mankind in society. = Among=20 the ancient Romans, this word was frequently used as synonymous with = right, jus.=20 When put absolutely, lex meant the Law of the Twelve Tables.

LEX FALCIDIA, civ. law. The name of a law which permitted a = testator=20 to dispose of three-fourtbs of his property, but he could not deprive = his heir=20 of the other fourth. It was made during the reign of Augustus, about the = year of=20 Rome 714, on the requisition of Falcidius, a tribune. Inst. 2, 22; Dig. = 35, 2;=20 Code, 6, 50;. and Nov. 1 and 131. Vide article Legitime, and Coop. Just. = 486;=20 Rob. Frauds, 290, note 113.

LEX FORI, practice. The law of the court or forum.

2. The forms of remedies, the modes of proceeding, and the execution = of=20 judgments, are to be regulated solely and exclusively, by the laws of = the place=20 where the action is instituted or as the civilians uniformly express it, = according to the lex fori. Story, Confl. of Laws, =A7550; 1 Caines' Rep. = 402; 3=20 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 = Conn. R.=20 472; 7 M. R. 214; 1 Bouv. Inst. n. 860.

LEX LOCI CONTRACTUS, contracts. The law of the place where an=20 agreement is made.

2. Generally, the validity of a contract is to be decided by the law = of the=20 place where, the contract is made; if valid, there it is, in general, = valid=20 everywhere. Story, Confl. of Laws, =A7242, and the cases there cited. = And vice=20 versa if void or illegal there, it is generally void everywhere. Id = =A7243; 2 Kent=20 Com. 457; 4 M. R. 584; 7 M. R. 213; 11 M. R. 730; 12 M. R. 475; 1 N. S. = 202; 5=20 N. S. 585; 6 N. S. 76; 6 L. R. 676; 6 N. S. 631; 4 Blackf. R. 89.

3. There is an exception to the rule as to the universal validity of=20 contracts. The comity of nations, by virtue of which such contracts = derive their=20 force in foreign countries, cannot prevail in cases where it violates = the law of=20 our own country, the law of nature, or the law of God. 2 Barn. & = Cresw. 448,=20 471. And a furthIer exeeption may be mentioned, namely, that no nation = will=20 regard or enforce the revenue laws of another country. Cas. Tem. 85, 89, = 194.

4. When the contract is entered into in one place, to be executed in = another,=20 there are two loci contractus; the locus celebrate contractus, and the = locus=20 solutionis; the former governs in everything which relates to the mode = of=20 construing the contract, the meaning to be attached to the expressions, = and the=20 nature and validity of the engagement; but the latter governs the = performance of=20 the agreement. 8 N. S. 34. Vide 15 Serg. & Rawle 84; 2 Mass. R. 88; = 1 Nott=20 & M'Cord, 173; 2 Harr. & Johns. 193, 221; 2 N. H. Rep. 42; 5 Id. = 401; 2=20 John. Cas. 355; 5 Pardes. n. 1482; Bac. Abr. Bail in Civil Causes, B 5; = Com.=20 Dig. 545, n.; 1 Supp. to Ves. jr. 270; 8 Ves. 198; 5 Ves. 750.

LEX LONGOBARDORUM. The name of an ancient code in force among = the=20 Lombards. It contains many evident traces of feudal policy. It survived = the=20 destruction of the ancient government of Lombardy by Charlemagne, and is = said to=20 be still partially in force in some districts of Italy.

LEX MERCATORIA. That system of laws which is adopted by all = commercial=20 nations, and which, therefore, constitutes a part of the law of the = land. Vide=20 Law Merchant.

LEX TALIONIS. The law of retaliation an example of which is = given in=20 the law of Moses, an eye for an eye, a tooth for a tooth, &c.

2. Jurists and writers on international law are divided as to the = right of=20 one nation punishing with death, by way of retaliation, the citizen's or = subjects of another nation; in, the United States no example of such = barbarity=20 has ever been witnessed but, prisoners have been kept in close = confinement in=20 retaliation for the same conduct towards American prisoners. Vide = Rutherf. Inst.=20 b. 2, c. 9; Mart. Law of Nat. b. 8, c. 1, s. 3, note 1 Kent, Com. = 93.

3. Writers on the law of nations have divided retaliation into = vindictive and=20 amicable: By the former are meant those acts of retaliation which amount = to a=20 war; the latter those acts of retaliation which correspond to the acts = of the=20 other nation under similar circumstances. Wheat. Intern. Law, pt. 4, c. = 1,=20 =A71.

LEX TERAE. The law of the land. The phrase is used to = distinguisb this=20 from the civil or Roman law.

2. By lex terrae, as used in Magna Charta, is meant one process of = law,=20 namely, proceeding by indictment or presentment of good and lawful men. = 2 Inst.=20 50; 19 Wend. 659; 4 Dev. R. 15. in the constitution of Tennessee, the = words "the=20 law of the land" signify a general and public law, operating equally = upon every=20 member of the community. 10 Yerg. 71.

LEY. This word is old French, a corruption of loi, and = signifies law;=20 for example, Termes de la Ley, Terms of the Law. In another, and an old=20 technical sense, ley signifies an oath, or the oath with compurgators; = as, il=20 tend sa ley aiu pleyntiffe. Brit. c. 27.

LEY-GAGER. Wager of Law. (q. v.)

LIABILITY. Responsibility; the state of one who is bound in = law and=20 justice to do sometbing which may be enforced by action. This liability = may=20 arise from contracts either express or implied, or in consequence of = torts=20 committed.

2. The liabilities of one man are not in general transferred to his=20 representative's further than to reach the estate in his hands. For = example, an=20 executor is not responsible for the liabilities of his testator further = than the=20 estate of the testator which has come to his hands. See Hamm. on Pait. = 169,=20 170.

3. The husband is liable for his wife's contracts made dum sola, and = for=20 those made during coverture for necessaries, and for torts committed = either=20 while she was sole or since her marriage with him; but this liability = continues=20 only during the coverture; as to her torts, or even her contracts made = before=20 marriage; for the latter, however, she may be sued as her executor or=20 administiator, when she assumes that character.

4. A master is liable for the acts of his servant while in his = employ,=20 performed in the usual course of his business, upon the presumption that = they=20 have been authorized by him; but he is responiible only in a civil point = of view=20 and not criminally, unless the acts have been actually authorized by = him. See=20 Bouv. Inst. Index, h. t.; Driver; Quasi Offence; Servant.

LIBEL, practice. A libel has been defined to be "the = plaintiff's=20 petition or allegation, made and exhibited in a judicial process, with = some=20 solemnity of law;" it is also, said to be "a short and well ordered = writing,=20 setting forth in a clear manner, as well to the judge as to the = defendant, the=20 plaintiff's or accuser's intention in judgment." It is a written = statement by a=20 plaintiff, of his cause of action, and of the relief he seeks to obtain = in a=20 suit. Law's Eccl. Law, 147; Ayl. Par. 346; Shelf. on M. & D. 506; = Dunf Adm.=20 Pr. 111; Betts. Pr. 17; Proct. Pr. h. t.; 2 Chit. Pr. 487, 533.

2. The libel should be a narrative, specious, clear, direct, certain, = not=20 general, nor alternative. 3 Law's Eccl. Law. 147. It should contain,=20 substantially, the following requisites: 1. The name, description, and = addition=20 of the plaintiff, who makes his demand by bringing his action. 2 The = name,=20 description, and addition of the defendant. 3. The name of the judge = with a=20 respectful designation of his office and court. 4. The thing or relief, = general=20 or special, which is demanded in the suit. 5. The grounds upon which the = suit is=20 founded. All these things are summed up in Latin, as follows;

Quis, quid, coram quo, quo jure petitur, et a quo, Recte compositus = quique=20 libellus habet:

which has been translated,

Each plaintiff and defendant's name, and eke the judge who tries = the same,=20 The thing demanded and the right whereby You urge to have it granted=20 instantly: He doth a libel write and well compose, Who forms the same, = emitting none of those.

3. The form of a libel is either simple or articulate. The simple = form is,=20 when the cause of action is stated in a continuous narration, when the = cause of=20 action can be briefly set forth. The articulate form, is when the cause = of=20 action is stated in distinct allegations, or articles. 2 Law's Ecel. = Law, 148;=20 Hall's Adm. Pr. 123; 7 Cranch, 349. The material facts should be stated = in=20 distinct articles in the libel, with as much exactness and attention to = times=20 and circumstances, as in a declaration at common law. 4 Mason, 541. = Pompous=20 diction and strong epithets are out of place in a legal paper designed = to obtain=20 the admission of the opposite party of the averments it contains, or to = lay=20 before the court the facts which the actor will prove.

4. Although there is no fixed formula for libels and the court will = receive=20 such an instrument from the party in such form as his own skill or that = of his=20 counsel may enable him to give it, yet long usage has sanctioned forms, = which it=20 may be most prudent to adopt. The parts and arrangement of libels = commonly=20 employed are,

5. - 1. The address to the court; as, To the Honorable John K. Kane, = Judge of=20 the district court of the United States, within and for the eastern = district of=20 Pennsylvania.

6. - 2. The names and descriptions of the parties. Persons competent = to sue=20 at common law may be parties libellants, and similar regulations obtain = in the=20 admiralty courts and the common law courts, respecting those = disqualified from=20 suing in their own right or name. Married women prosecute by their = husbands, or=20 by prochein ami, when the husband has an adverse interest to hers; = minors, by=20 guardians, tutors, or prochein ami; lunatics and persons non compos = mentis, by=20 tutor, guardian ad litem, or committee; the rights of deceased persons = are=20 prosecuted by executors or administrators; and corporations are = represented, and=20 proceeded against as at common law.

7. - 3. The averments or allegations setting forth the cause of = action should=20 be conformable to the truth, and so framed as to correspond with the = evidence.=20 Every fact requisite to establish the libellant's right should be = clearly=20 stated, so that it may be directly met by the opposing party by = admission,=20 denial or avoidance; this is the more necessary because no proof can be = given,=20 or decree rendered, not covered by and conformable to the allegations. 1 = Law's=20 Eccl. Laws, 150; Hall's Pr. 126; Dunl. Adm. Pr. 113; 7 Cranch, 394.

8. - 4. The conclusion, or prayer for relief and process; the prayer = should=20 be for the specific relief desired; for general relief, as is usual in = bills in=20 chancery; the conclusion should also pray for general, or particular = process.=20 Law's Eccl. Law, 149; and see 3 Mason, R. 503. Interrogatories are = sometimes=20 annexed to the libel; when this is the case, there is usually a special = prayer,=20 that the defendant may be required to answer the libel, and the = interrogatories=20 annexed and propounded. This, however, is a dangerous practice, because = it=20 renders the answers of the defendant evidence, which must be disproved = by two=20 witnesses, or by one witness, corroborated by very strong = circumstances.

9. The libel is the first proceeding in a suit in admiralty in the = courts of=20 the United States. 3 Mason, R., 504. It is also used in some other = courts. Vide,=20 generally, Dunl. Adm. Pr. ch. 3; Bett's Adm. Pr. s. 3; Shelf. on. M. = & D.=20 606; Hall's Adm. Pr. Index, h. t.; 3 Bl. Com. 100; Ayl. Par. Index, h. = t.; Com.=20 Dig. Admiralty, E; 2 Roll. &b. 298.

LIBEL, libellus, criminal law. A malicious defamation = expressed either=20 in printing or writing, or by signs or pictures, tending to blacken the = memory=20 of one who is dead, with intent to provoke the living; or the reputation = of one=20 who is alive, and to expose him to public hatred, contempt, or ridicule. = Hawk.=20 b. 1, c. 73, s. 1; Wood's Inst, 444; 4 Bl. Com. 150; 2 Chitty, Cr. Law, = 867;=20 Holt on Lib. 73; 5 Co. 125; Salk. 418; Ld. Rgym. 416; 4. T. R. 126; 4 = Mass. R.=20 168; 9 John. 214; 1 Den. Rep. 347; 2 Pick. R. 115; 2 Kent, Com. 13. It = has been=20 defined perhaps with more precision to be a censorious or ridiculous = writing,=20 picture or sign made with a malicious or mischievous intent, towards = government=20 magistrates or individuals. 3 John. Cas. 354; 9 John. R. 215; 5 Binn. = 340.

2. In briefly considering this offence, we will inquire, 1st. By what = mode of=20 expression a libel may be conveyed. 2d. Of what kind of defamation it = must=20 consist. 3d. How plainly it must be expressed. 4th. What mode of = publication is=20 essential.

3. - 1. The reduction of the slanderous matter to writing, or = printing, is=20 the most usual mode of conveying it. The exhibition of a picture, = intimating=20 that which in print would be libelous, is equally criminal. 2 Camp. 512; = 5 Co.=20 125; 2 Serg. & Rawle 91. Fixing a gallows at a man's door, burning = him in=20 effigy, or exhibiting him in any ignominious manner, is a libel. Hawk. = b. 1, c.=20 73, s. 2,; 11 East, R. 227.

4. - 2. There is perhaps no branch of the law which is so difficult = to reduce=20 to exact, principles, or to compress within a small compass, as the = requisites=20 of a libel. All publications denying the Christian religion to be true; = 11 Serg.=20 & Rawle, 394; Holt on Libels, 74; 8 Johns. R. 290; Vent. 293; Keb. = 607; all=20 writings subversive of morality and tending to inflame the passions by = indecent=20 language, are indictable at common law. 2 Str. 790; Holt on Libels, 82; = 4 Burr.=20 2527. In order to constitute a libel, it is not necessary that anything = criminal=20 should be imputed to the party injured; it is enough if the writer has = exhibited=20 him in a ludicrous point of view; has pointed him out as an object of = ridicule=20 or disgust; has, in short, done that which has a natural tendency to = excite him=20 to revenge. 2 Wils. 403; Bacon's Abr. Libel, A 2; 4 Taunt. 355; 3 Camp. = 214;=20 Hardw. 470; 5 Binn. 349. The case of Villars v. Monsley, 2 Wils. 403, = above=20 cited, was grounded upon the following verses, which were held to be = libelous,=20 namely:

"Old-Villers, so strong of brimstone you smell,
As if not long = since you=20 had got out of hell,
But this damnable smell I no longer can=20 bear,
Therefore I desire you would come no more here;
You, old = stinking;=20 old nasty, old itchy, old toad,
If you come any more you shall pay = for your=20 board,
You'll therefore take this as a warning from me,
And never = enter=20 the doors, while they belong to J. P.
Wilncot, December 4, = 1767."

5. Libels against the memory of the dead which have a tendency to = create a=20 breach of the peace by inciting the friends and relatives of the = deceased to=20 avenge the insult of the fanlily, render their authors liable to legal=20 animadversion. 5 co. 123; 5 Binn. 281; 2 Chit. Cr. Law, 868; 4 T. R. = 186.

6. - 3. If the matter be understood as scandalous, and is calculated = to=20 excite ridicule or abhorrence against the party intended, it is = libelous,=20 however it may be expressed. 5 East, 463; 1 Price, 11, 17; Hob. 215; = Chit. Cr.=20 Law, 868; 2 Campb. 512.

7. - 4. The malicious reading of a libel to one or more persons, it = being on=20 the shelves in a bookstore, as other books, for sale; and where the = defendant=20 directed the libel to be printed, took away some and left others; these = several=20 acts have been held to be publications. The sale of each copy; where = several=20 copies have been sold, is a distinct publication, and a fresh offence. = The=20 publication must be malicious; evidence of the malice may be either = express or=20 implied. Express proof is not necessary: for where a man publishes a = writing=20 which on the face of it is libelous, the law presumes he does so from = that=20 malicious intention which constitutes the offence, and it is = unnecessary, on the=20 part of the prosecution, to prove any circumstance from which malice may = be=20 inferred. But no allegation, however false and malicious, contained in = answers=20 to interrogatories, in affidavits duly made, or any other proceedings, = in courts=20 of justice, or petitions to the legislature, are indictable. 4 Co. 14; 2 = Burr.=20 807; Hawk. B. 1, c. 73, s. 8; 1 Saund. 131, n. 1; 1 Lev. 240; 2 Chitty's = Cr.=20 Law, 869; 2 Serg. & Rawle, 23. It is no defence that the matter = published is=20 part of a document printed by order of the house of commons. 9 A. = &E. 1.

8. The publisher of a libel is liable to be punished criminally by=20 indictment; 2 Chitty's Cr. Law, 875; or is subject to an action on the = case by=20 the party grieved. Both remedies may be pursued at the same time. Vide)=20 generally, Holt on Libels; Starkie on Slander; 1 Harr. Dig. Case, I.; = Chit. Cr.=20 L. Index, h. t.; Chit. Pr. Index, h. t.

LIBEL OF ACCUSATION. A term used in Scotland to designate the=20 instrument which contains the charge against a person accused of a = crime. Libels=20 are of two kinds, namely, indictments and crimiual letters.

2. Every libel assumes the form of what is termed in logic, a = syllogism. It=20 is first stated that some partioular kind of act is criminal; as, that = "theft is=20 a crime of a heinous nature, and severely punishable." This proposition = is=20 termed the major. It is next stated that the person accused is guilty, = of the=20 crime so named, "actor, or art and part." This, with the narrative of = the manner=20 in which, and the time when the offence was committed, is called the, = minor=20 proposition of the libel. The conclusion is that all or part of the = facts being=20 proved, or admitted by confession, the panel "ought to be punished with = the=20 pains of the law, to deter others from committing the like crime in all = time=20 coming." Burt Man. Pub. L. 300, 301.

LIBELLANT. The party who fires a libel in a chancery or = admiralty=20 case, correspondes to the plaintiff in actions in the common law courts, = is=20 called the libellant.

LIBELLEE. A party against whom a libel has been filed in = chancery=20 proceedings, or in admiralty, corresponding to the defendant in a common = law=20 suit.

LIBER. A book; a principal subdivision of a literary work: = thus, the=20 Pandects, or Digest of the Civil Law, is divided into fifty books.

LIBER ASSISARUM. The book of assizes, or pleas of the crown; = being the=20 fifth part of the Year Books. (q. v.)

LIBER FEUD RUM. A code of the feudal law, which was compiled = by=20 direction of the emperor Frederick Barbarossa, and published in Milan, = in 1170.=20 It was called the Liber Feudorum, and was divided into five books, of = which the=20 first, second, and some fragments of the other's still exist and are = printed at=20 the end of all the modern editions of the Corpus Juris Civilis. = Giannone, B. 13,=20 c, 3; Cruise's Dig. Prel. Diss. c. 1, =A731.

LIBER HOMO. A freeman lawfully competent to act as a juror. = Raym. 417;=20 Keb. 563.

LIBERATE, English practice. A writ which issues on lands, = tenements,=20 and chattels, being returned under an extent on a statute staple, = commanding the=20 sheriff to deliver them to the plaintiff, by the extent aud appraisement = mentioned in the writ of extent, and in the sheriff's return thereto. = See Com=20 dig. Statute Staple, D 6.

LIBERATION, civil law. This term is synonymous with payment. = Dig. 50,=20 16, 47. It is the extinguishment of a contract by which he who was bound = become's free, or liberated. Wolff, Dr. de la Nat. =A7 749.

LIBERTI, LIBERTINI. These two words were, at different times, = made to=20 express among the Romans, the condition of those who, having been = slaves, had=20 been made free. 1 Brown's Civ. Law, 99. There is some distinction = between these=20 words. By libertus, was understood the freedman, when considered in = relation to=20 his patron, who had bestowed liberty upon him and he was called = libertinus, when=20 considered in relation to the state he occupied in society since his=20 manumission. Lec. El. Dr. Rom. =A793.

LIBERTY. Freedom from restraint. The power of acting as one = thinks=20 fit, without any restraint or control, except from the laws of = nature.

2. Liberty is divided into civil, natural, personal, and = political.

3. Civil liberty is the power to do whatever is permitted by the = constitution=20 of the state and the laws of the land. It is no other than natural = lib-erty, so=20 far restrained by human laws, and no further, operating equally upon all = the=20 citizens, as is necessary and expedient for the general advantage of the = public.=20 1 Black. Com. 125; Paley's Mor. Phil. B. 6, c.5; Swifts Syst. 12

4. That system of laws is alone calculated to maintain civil liberty, = which=20 leaves the citizen entirely master of his own conduct, except in those = points in=20 which the public good requires some direction and restrant. When a man = is=20 restrained in his natural liberty by no municipal laws but those which = are=20 requisite to prevent his violating the natural law, and to promote the = greatest=20 moral and physical welfare of the community, he is legally possessed of = the=20 fullest enjoyment of his civil rights of individual liberty. But it must = not be=20 inferred that individuals are to judge for themselves how far the law = may=20 justifiably restrict their individual liberty; for it is necessary = to-the=20 welfare of the commonwealth, that the law should be obeyed; and thence = is=20 derived the legal maxim, that no man may be wiser than the law.

5. Natural liberty is the right which nature gives to all mankind, of = diposing of their persons and property after the manner they judge most=20 consonant to their happiness, on condition of their acting within the = limits of=20 the law of nature, and that they do not in any way abuse it to the = prejudice of=20 other men. Burlamaqui, c. 3, s. 15; 1 Bl. Com. 125.

6. Personal liberty is the independence of our actions of all other = will than=20 our own. Wolff, Ins. Nat. =A777. It consists in the power of locomotion, = of=20 changing situation, or removing one's person to whatever place one's = inclination=20 may direct, without imprisonment or restraint, unless by due course of = law. 1=20 Bl. Com. 134.

7. Political liberty may be defined to be, the security by which, = from the=20 constitution, form and nature of the established government, the = citizens enjoy=20 civil liberty. No ideas or definitions are more distinguishable than = those of=20 civil aud political liberty, yet they are generally confounded. 1 Bl. = Com. 6,=20 125. The political liberty of a state is based upon those fundamental = laws which=20 establish the distribution of legislative and executive powers. The = political=20 liberty of a citizen is that tranquillity of mind, which is the effect = of an=20 opinion that he is in perfect security; and to insure this security, the = government must be such that one citizen shall not fear another.

8. In the English law, by liberty is meant a privilege held by grant = or=20 prescription, by which some men enjoy greater benefits than ordiuary = subjects. A=20 liberty is also a territory, with some extraordinary privilege.

9. By liberty or liberties, is understood a part of a town or city, = as the=20 Northern Liberties of the city of Philadelphia. The same as Faubourg. = (q.=20 V.)

LIBERTY OF THE PRESS. The right to print and publish the = truth, from=20 good motives, and for justifiable ends. 3 Johns. Cas. 394.

2. This right is secured by the constitution of the United States.=20 Amendments, art. 1. The abuse of the right is punished criminally, by=20 indictment; civilly, by action. Vide Judge Cooper's Treatise on the Law = of=20 Libel, aud the Liberty of the Press, passim; and article Libel.

LIBERTY OF SPEECH. The right given by the constitution and the = laws to=20 public support in speaking facts or opinions.

2. In a republican government like ours, liberty of speech cannot be = extended=20 too far, when its object is the public good. It is, therefore, wisely = provided=20 by the constitution of the United States, that members of congress shall = not be=20 called to account for anything said in debate; and similar provisions = are=20 contained in the constitutions of the several states in relation to the = members=20 of their respective legislatures. This right, however, does not extend = beyond=20 the mere speaking; for if a member of congress were to reduce his speech = to=20 writing and cause it to be printed, it would no longer bear a privileged = character and he might be held responsible for a libel, as any other = individual.=20 Bac. Ab. Libel, B.* See Debate.

3. The greatest latitude is allowed by the common law to counsel; in = the=20 discharge of his professional duty he may use strong epithets, however=20 derogatory to other persons they may be, if pertinent to the cause, and = stated=20 in his instructions, whether the thing were true or false. But if he = were=20 maliciously to travel out of his case for the purpose of slandering = another, he=20 would be liable to an action, and amenable to a just and often more = efficacious=20 punishment inflicted by public opinion. 3 Chit. Pr. 887. No respectable = counsel=20 will indulge himself with unjust severity; and it is doubtless the duty = of the=20 court to prevent any such abuse.

LIBERUM TENEMENTUM, pleading. The name of a plea in an action = of=20 trespass, by which the defendant claims the locus in quo to be his soil = and=20 freehold, or the soil and freehold of a third person, by whose command = he=20 entered. 2 Salk. 453; 7 T. R. 355; 1 Saund. 299, b, note.

LIBERUM TENEMENTUM, estate. The same as, freehold, (q. v.) or = frank=20 tenement. 2 Bouv. Inst. n. 1690.

LICENSE, contracts. A right given by some competent authority = to do an=20 act, which without such authority would be illegal. The instrument or = writing=20 which secures this right, is also called a license. Vide Ayl. Parerg, = 353; 15=20 Vin. Ab. 92; Ang. Wat. Co. 61, 85.

2. A license is express or implied. An express license is one which = in direct=20 terms authorizes the performance of a certain act; as a license to keep = a tavern=20 given by public authority.

3. An implied license is one which though not expressly given, may be = presumed from the acts of the party having a right to give it. The = following are=20 examples of such licenses: 1. When a man knocks at another's door, and = it is=20 opened, the act of opening the door licenses the former to enter the = house for=20 any lawful purpose. See Hob. 62. A servant is, in consequence of his = employment,=20 licensed to admit to the house, those who come on his master's business, = but=20 only such persons. Selw. N. P. 999; Cro. Eliz. 246. It may, however, be = inferred=20 from circumstances that the servant has authority to invite whom he = pleases to=20 the house, for lawful purposes. See 2 Greenl. Ev. =A7427; Entry.

4. A Iicense is either a bare authority, without interest, or it is = coupled=20 with an interest. 1. A bare license must be executed by the party to = whom it is=20 given in person, and cannot be made over or assigned by him to another; = and,=20 being without consideration, may be revoked at pleasure, as long as it = remains=20 executory; 39 Hen. VI. M. 12, page 7; but when carried into effect, = either=20 partially or altogether, it can only be rescinded, if in its nature it = will=20 admit of revocation, by placing the other side in the same situation in = which he=20 stood before he entered on its execution. 8 East, R. 308; Palm. 71; S. = C. Poph.=20 151; S. C. 2 Roll. Rep. 143, 152.

5. - 2. When the license is coupled with an interest the authority = conferred=20 is not properly a mere permission, but amounts to a grant, which cannot = be=20 revoked, and it may then be assigned to a third person. 5 Hen. V., M. 1, = page 1;=20 2 Mod. 317; 7 Bing. 693; 8 East, 309; 5 B. & C. 221; 7 D. & R. = 783;=20 Crabb on R. P. =A7521 to 525; 14 S. & R 267; 4 S. & R. 241; 2 = Eq. Cas. Ab.=20 522. When the license is coupled with an interest, the formalities = essential to=20 confer such interest should be observed. Say. R. 3; 6 East, R. 602; 8 = East, R.=20 310, note. See 14 S. & R. 267; 4 S. & R. 241; 2 Eq. Cas. Ab. = 522; 11 Ad.=20 & El. 34, 39; S. C. 39 Eng, C. L. R. 19.

LICENSE, International law. An authority given by one of two=20 belligerent parties, to the citizens or subjects of the other, to carry = on a=20 specified trade.

2. The effects of the license are to suspend or relax the rules of = war to the=20 extent of the authority given. It is the assumption of a state of peace = to the=20 extent of the license. In the country which grants them, licenses to = carry on a=20 pacific commerce are stricti juris, as being exceptions to the general = rule;=20 though they are not to be construed with pedantic accuracy, nor will = every small=20 deviation be held to vitiate the fair effect of them. 4 Rob. Rep. 8; = Chitty, Law=20 of Nat. 1 to 5, and 260; 1 Kent, Com. 164, 85.

LlCENSE, pleading. The name of a plea of justification to an = action of=20 trespass. A license must be specially pleaded, and cannot, like liberum=20 tenementum, be given in evidence under the general issue. 2. T. R. 166, = 108

LICENSEE. One to whom a license has been given. 1 M. Q. & = S. 699=20 n.

LICENTIA CONCORDANDI, estates, conveyancing, practice. When an = action=20 is brought for the purpose of levying a fine, the defendant, knowing = himself to=20 be in the wrong, is supposed to make overtures of accommodation to the=20 plaintiff, who accepts them; but having given pledges to prosecute his = suit,=20 applies to the court, upon the return of the writ of covenant, for leave = to make=20 the matter up; this, which is readily granted, is called the, licentia=20 concordandi. 5 Rep. 39; Cruise, Dig. tit. 35, c. 2, 22.

LICENTIA LOQUENDI. Imparlance. (q. v.)

LICENTIOUSNESS. The doing what one pleases without regard to = the=20 rights of others; it differs from liberty in this, that the latter is = restrained=20 by natural or positive law, and consists in doing whatever we please, = not=20 inconsistent, with the rights of others, whereas the former does not = respect=20 those rights. Wolff, Inst. =A784.

LICET SAEPIUS REQUISITUS, pleading. practice. Although often=20 requested. It is usually alleged in the declaration that the defendant, = licet=20 saepius requisitus, &c., he did not perform the contract, the = violatioin of=20 which is the foundation of the action. The allegation is generally = sufficient=20 when a request is not parcel of the contract. Indeed, in such cases it = is=20 unneccssary even to lay a general request, for the bringing of the suit = is=20 itself a sufficient request. 1 Saund. 33, n. 2; 2 Saund, 118 note 3; = Plowd. 128;=20 1 Wils. 33; 2 H. BI. 131; 1 John. Cas. 99, 319; 7 John. R. 462; 18 John. = R. 485;=20 3 M. & S. 150. Vide Demand.

LICET. It is lawful; not forbidden by law. Id omne licitum est, quod = non est=20 legibus prohibitum; quamobrem, quod, lege permittente, fit, poenam non=20 meretur.

LICITATION. A sale at auction; a sale to the highest = bidder.

LIDFORD LAW. Vide Lynch Law.

TO LIE. That which is proper, is fit; as, an action on the = case lies=20 for an injury committed without force; corporeal hereditaments lie in = livery,=20 that is, they pass by livery; incorporeal hereditaments lie in grant, = that is,=20 pass by the force of the grant, and without any livery. Vide Lying in = grant.

LIEGE, from the Latin, ligare, to bind. The bond subsisting = between=20 the subject and chief, or lord and vassal, binding the one to protection = and=20 just government, the other to tribute and due subjection. The prince or = chief is=20 called liege lord; the subjects liege men. The word is now applied as if = the=20 liegance or bond were only to attach the people to the prince. Stat. 8 = Hen. VI.=20 c. 10; 14 Hen. VIII. c. 2; 1 Bl. Com. 367.

LIEGE POUSTIE, Scotch law. The condition or state of a person = who is=20 in his ordinary health and capacity, and not a minor, nor cognosced as = an idiot=20 or madman, nor under interdiction. He is then said to be in Iiege = poustie, or in=20 legitima potestati, and he has full power of disposal of his property. 1 = Bell's=20 Com. 85, 5th ed.; 6 Clark & Fin. 540. Vide Sui juris.

LIEN, contracts. In its most extensive signification, this = term=20 includes every case in which real or personal property is charged with = the=20 payment of any debt or duty; every such charge being denominated a lien = on the=20 property. In a more limited sense it is defined to be a right of = detaining the=20 property of another until some claim be satisfied. 2 East 235; 6 East = 25; 2=20 Campb. 579; 2 Meriv. 494; 2 Rose, 357; 1 Dall. R. 345.

2. The right of lien generally arises by operation of law, but in = some cases=20 it is created by express contract.

3. There are two kinds of lien; namely, particular and general. When = a person=20 claims a right to retain property, in respect of money or labor expended = on such=20 particular property, this is a particular lien. Liens may arise in three = ways:=20 1st. By express contract. 2d. From implied contract, as from general or=20 particular usage of trade. 3d. By legal relation between the parties, = which may=20 be created in three ways; When the law casts an obligation on a party to = do a=20 particular act, and in return for which, to secure him payment, it gives = him=20 such lien; 1 Esp. R. 109; 6 East, 519; 2 Ld. Raym. 866; common carriers = and inn=20 keepers are among this number. 2. When goods are delivered to a = tradesman or any=20 other, to expend his labor upon, he is entitled to detain those goods = until he=20 is remunerated for the labor which he so expends. 2 Roll. Ab. 92; 3 M. = & S.=20 167; 14 Pick. 332; 3 Bouv. Inst. n. 2514. 3. When goods have been saved = from the=20 perils of the sea, the salvor may detain them until his claim for = salvage is=20 satisfied; but in no other case has the finder of goods, a lien. 2 Salk. = 654; 5=20 Burr. 2732; 3 Bouv. Inst. n. 2518. General liens arise in three ways; 1. = By the=20 agreement of the parties. 6 T. R.14; 3 Bos. & Pull. 42. 2. By the = general=20 usage of trade. 3. By particular usage of trade. Whitaker on Liens 35; = Prec. Ch.=20 580; 1 Atk. 235; 6 T. R. 19.

4. It may be proper to consider a few, general principles: 1. As to = the=20 manner in which a lien may be acquired. 2. To what claims liens properly = attach.=20 3. How they may be lost. 4. Their effect.

5. - 1. How liens may be acquired. To create a valid lien, it is = essential,=20 1st. That the party to whom or by whom it is acquired should have the = absolute=20 property or ownership of the thing, or, at least, a right to vest it. = 2d. That=20 the party claiminig the lien should have an actual or constructive, = possession,=20 with the assent of the party against whom the claim is made. 3 Chit. = Com. Law,=20 547; Paley on Ag. by Lloyd, 137; 17 Mass. R. 197; 4 Campb. R. 291; 3 T. = R. 119=20 and 783; 1 East, R. 4; 7 East, R. 5; 1 Stark. R. 123; 3 Rose, R. 955; 3 = Price,=20 R. 547; 5 Binn. R. 392. 3d. That the lien should arise upon an = agreement,=20 express or implied, and not be for a limited or specific purpose = inconsistent=20 with the express terms, or the clear, intent of the contract; 2 Stark. = R. 272; 6=20 T. R. 258; 7 Taunt. 278;. 5 M. & S. 180; 15 Mass. 389, 397; as, for = example,=20 when goods are deposited to be delivered to a third person, or to be = transported=20 to another place. Pal. on Ag. by Lloyd, 140.

6. - 2. The debts or claims to which liens properly attach. 1st. In = general,=20 liens properly attach on liquidated demands, and not on those which = sound only=20 in damages; 3 Chit. Com. Law, 548; though by an express contract they = may attach=20 even in such a case as, where the goods are to be held as an indemnity = against a=20 future contingent claim or damages. Ibid. 2d. The claim for which the = lien is=20 asserted, must he due to the party claiming it in his own right, and not = merely=20 as agent of a third person. It must be a debt or demand due from the = very person=20 for whose benefit the party is acting, and not from a third person, = although the=20 goods may be claimed through him. Pal. Ag. by Lloyd, 132.

7. - 3. How a lien may be lost. 1st. It may be waived or lost by any = act or=20 agreement between the parties, by which it is surrendered, or becomes=20 inaplicable. 2d. It may also be lost by voluntarily parting with the = possession=20 of the goods. But to this rule there are some exceptions; for example, = when a=20 factor by lawful authority sells the goods of his principal, and parts = with the=20 possession under the sale he is not, by this act, deemed to lose his = lien, but=20 it attaches to the proceeds of the sale in the hands of hte vendee.

8. - 4. The effect of liens. In general, the right of the holder of = the lien=20 is confined to the mere right of retainer. But when the creditor has = made=20 advances on the goods of a factor, he is generally invested with the = right to=20 sell. Holt's N P. Rep. 383; 3 Chit. Com. Law, 551; 2 Liverm. Ag. 103; 2 = Kent's=20 Com. 642, 3d ed. In some cases where the lien would not confer power to = sell, a=20 court of equity would decree it. 1 Story Eq. Jur. =A7566; 2 Story, Eq. = Jur. =A71216;=20 Story Ag. =A7371. And courts of admiralty will deeree a sale to satisfy = maritime=20 liens. Abb. Ship. pt. 3, c10. =A72; Story, Ag. =A7371.

9. Judgments rendered in courts of record are generally liens on the = real=20 estate of the defendants or parties against whom such judgments are = given. In=20 Alabama, Georgia and Indiana, judgment is a lien; in the last mentioned = state,=20 it continues for ten years from January 1, 1826, if it was rendered from = that=20 time; if, after ten years from the rendition of the judgment, and when = the=20 proceedings are stayed by order of the court, or by an agreement = recorded, the=20 time of its suspension is not reckoned in the ten years. A judgment does = not=20 bind lands in Kentucky, the lien commences by the delivery of execution = to the=20 sheriff, or officer. 4 Pet. R. 366; 1 Dane's R. 360. The law seems to be = the=20 same in Mississippi. 2 Hill. Ab. c. 46, s. 6., In New Jersey, the = judgments take=20 priority among themselves in the order the executions on them have been = issued.=20 The lien of a judgment and the decree of a court of chancery continue a = lien in=20 New York for ten years, and bind after acquired lands. N. Y. Stat. part = 3, t. 4,=20 s. 3. It seems that a judgment is a lien in North Carolina, if an elegit = has=20 been sued out, but this is perhaps not settled. 2 Murph. R. 43. The lien = of a=20 judgment in Ohio is confined to the county, and continues only for one = year,=20 unless revived. It does not, per se, bind after acquired lands. In = Pennsylvania,=20 it commences with the rendering of judgment, and continues five years = from the=20 return day of that term. It does not, per se, bind after acquired lands. = It may=20 be revived by scire facias, or an agreement of the parties, and terre = tenants,=20 written and filed. In South CaroIina and Tennessee a judgment is also a = lien. In=20 the New England states, lands are attached by mesne process or on the = writ, and=20 a lien is thereby created. See 2 Hill. Ab. c. 46.

10. Liens are also divided into legal and equitable. The former are = those=20 which may be enforeed iu a court of law; the latter are valid only in a = court of=20 equity. The lien which the vendor of real estate has on the estate sold, = for the=20 purchase money remaining unpaid, is a familiar example of an equitable = lien.=20 Math. on Pres. 392. Vide Purchase money. Vide, generally, Yelv. 67, a; 2 = Kent,=20 Com. 495; Pal Ag. 107; Whit. on Liens; Story on Ag. ch. 14, =A7351, et = seq: Hov.=20 Fr. 35.

11. Lien of mechanics and material men. By virtue of express statutes = in=20 several of the states, mechanics and material men, or persons who = furnish=20 materials for the erection of houses or other buildings, are entitled to = a lien=20 or preference in the payment of debts out of the houses and buildings so = erected, and to the land, to a greater or lessor extent, on which they = are=20 erected. A considerable similarity exists in the laws of the different = states=20 which have legislated on this subject.

12. The lien generally attaches from the commencement of the work or = the=20 furnishing of materials, and continues for a limited period of time. In = some=20 states, a claim must be filed in the office of the clerk or prothonotary = of the=20 court, or a suit brought within a limited time. On the sale of the = building=20 these liens are to be paid pro rata. In some states no lien is created = unless=20 the work done or the goods furnished amount to a certain specified sum, = while in=20 others there is no limit to the amount. In general, none but the = original=20 contractors can claim under the law; sometimes, however, sub-coutractors = have=20 the same right.

13. The remedy is various; in some states, it is by scire facias on = the lien,=20 in others, it is by petition to the court for an order of sale: in some, = the=20 property is subject to foreclosure, as on a mortgage; in others, by a = common=20 action. See 1 Hill. Ab. ch. 40, p. 354, where will be found an abstract = of the=20 laws of the several states, except the state of Louisiana; for the laws = of that=20 state, see Civ. Code of Louis. art. 2727 to 2748. See generally, 5 Binn. = 585; 2=20 Browne, R. 229, n. 275; 2 Rawle R. 316; Id. 343; 3 Rawle, R. 492; 5 = Rawle R.=20 291; 2 Whart. R. 223; 2 S. & R. 138; 14 S. & R. 32; 12 S. & = R. 301;=20 3 Watts, R. 140, 141; Id. 301; 5 Watts, R. 487; 14 Pick. P,. 49; Serg. = on Mech.=20 Liens.

LIEU, place. Iu lieu of, instead, in the place of.

LIEUTENANT. This word has now a narrower meaning than it = formerly had;=20 its true meaning is a deputy, a substitute, from the French lieu, (place = or=20 post) and tenant (holder). Among civil officers we have lieutenant = governors,=20 who in certain cases perform the duties of governors; (vide, the names = of the=20 several states,) lieutenants of police, &c. Among military men, = lieutenant=20 general was formerly the title of a commanding general, but now it = signifies the=20 degree above major general. Lieutenant colonel, is the officer between = the=20 colonel and the major. Lieutenant simply signifies the officer next = below a=20 captain. In the navy, a lieutenant is the second officer next in command = to the=20 captain of a ship.

LIFE. The aggregate of the animal functions which resist = death.=20 Bichat.

2. The state of animated beings, while they possess the power of = feeling and=20 motion. It commences in contemplation of law generally as soon as the = infant is=20 able to stir in the mother's womb; 1 Bl. Com. 129; 3 Inst. 50; Wood's = Inst. 11;=20 and ceases at death. Lawyers and legislators are not, however, the best=20 physiologists, and it may be justly suspected that in fact life = commences before=20 the mother can perceive any motion of the feotus. 1 Beck's Med. Jur. = 291.

3. For many purposes, however, life is considered as begun from the = moment of=20 conception in ventre sa mere. Vide Foetus. But in order to acquire and = transfer=20 civil rights the child must be born alive. Whether a child is born = alive, is to=20 be ascertained from certain signs which are always attendant upon life. = The fact=20 of the child's crying is the most certain. There may be a certain motion = in a=20 new born infant which may last even for hours, and yet there may not be = complete=20 life. It seems that in order to commence life the child must be born = with the=20 ability to breathe, and must actually have breathed. 1 Briand, M=C7d. = L=C7g. 1ere=20 partie, c. 6, art. 1.

4. Life is presumed to continue at least till one hundred years. 9 = Mart. Lo.=20 R. 257 See Death; Survivorship.

5. Life is considered by the law of the utmost importance, and its = most=20 anxious care is to protect it. 1 Bouv. Inst. n. 202-3.

LIFE ANNUITY. An annual income to be paid during the = continuance of a=20 particular life.

LIFE-ASSURANCE. An insurance of a life, upon the payment of a = premium;=20 this may be for the whole life, or for a limited time. On the death of = the=20 person whose life has been insured, during the time for which it is = insured, the=20 insurer is bound to pay to the insured. the money agreed upon. See 1 = Bouv. Inst.=20 n. 1231.

LIFE-ESTATE. Vide Estate for life, and 3 Saund. 338, h. note; = 2 Kent=20 Com. 285; 4 Kent, Com. 23.; 1 Hov. Suppl. to Ves. jr. 371, 381; 2 Id. = 45, 249,=20 330, 340, 398, 467; 8 Com. Dig. 714.

LIFE-RENT, Scotch law. A right to use and enjoy a thing during = life,=20 the substance of it being preserved. A life-rent cannot, therefore, be=20 constituted upon things which perish in the use; and though it may upon = subjects=20 which gradually wear out by time, as household furniture, &c., yet = it is=20 generally applied to heritable subjects. Life-rents are divided into=20 conventional and legal.

2. - 1. The conventional are either simple or by reservation. A = simple life-=20 rent, or by a separate constitution, is that which is granted by the = proprietor=20 in favor of another. A life-rent by reservation is that which a = proprietor=20 reserves to himself, in the same writing by which he conveys the fee to=20 another.

3. - 2. Life-rents, by law, are the terce and the courtesy. See = Terce;=20 Courtesy.

LIGAN or LAGAN. Goods cast into the sea tied to a buoy, so = that they=20 may be found again by the owners, are so denominated. When goods are = cast into=20 the sea in storms or shipwrecks, and remain there without coming to = land, they=20 are distinguished by the barbarous names of jetsam, (q. v.) flotsam, (q. = v.) and=20 ligan. 5 Rep. 108; Harg. Tr. 48; 1 Bl. Com. 292.

LIGEANCE. The true and faithful obedience of a subject to his=20 sovereign, of a citizen to his government. It signifies also the = territory of a=20 soverqign. See Allegiance.

LIGHTERMAN. The owner or manager of a lighter. A lighterman is = considered as a common Carrier. See Lighters.

LIGHTERS, commerce. Small vessels employed in loading and = unloading=20 larger vessels.

2. The owners of lighters are liable, like other common carriers for = hire; it=20 is a term of the contract on the part of the carrier or lighterman, = implied by=20 law, that his vessel is tight and fit for the purpose or employments for = which=20 he offers and holds it forth to the public; it is the immmediate = foundation and=20 substratum of the contract that it is so: the law presumes a promise to = that=20 effect on the part of the carrier without actual proof, and every = principle of=20 sound policy and public convenience requires it should be so. 5 East, = 428;=20 Abbott on Sh. 225; 1 Marsh. on Ins. 254; Park on Ins. 23; Wesk. on Ins. = 328.

LIGHTS. Those openings in a wall which are made rather for the = admission of light, than to look out of. 6 Moore, C. B. 47; 9 Bingh. R. = 305; 1=20 Lev. 122; Civ. Code of Lo. art. 711. See Ancient Lights; Windows.

LIMBS. Those members of a man which may be useful to him in = flight,=20 and the unlawful deprivation of which by another amounts to a mayhem at = common=20 law. 1 Bl. Com. 130. If a man, se defendendo, commit homicide, he will = be=20 excused; and if he enter into an apparent contract, under a = well-grounded=20 apprehension of losing his life or limbs, he may afterwards avoid it. 1 = Bl.=20 130.

LIMITATION, estates. When an estate is so expressly confined = and=20 limited by the words of its creation, that it cannot endure for a longer = time=20 than till the contingency shall happen, upon which the estate is to = fail, this=20 is denom-inated a limitation; as, when land is granted to a man while he = continues unmarried, or until the rents and profits shall have made a = certain=20 sum, and the like; in these cases the estate is limited, that is, it = does not go=20 beyond the happening of the contingency. 2 Bl. Com. 155; 10 Co. 41; Bac. = Ab.=20 Conditions, H; Co. Litt. 236 b; 4 Kent. Com. 121; Tho. Co. Litt. Index, = h. t.;=20 10 Vin. Ab. 218; 1 Vern. 483, n. 4; Ves. Jr. 718.

2. There is a difference between a limitation and a condition. When a = thing=20 is given until an event shall arrive, this is called a limitation; but = when it=20 is given generally, and the gift is to be defeated upon the happening of = an=20 uncertain event, then the gift is conditional. For example, when a man = gives a=20 legacy to his wife, while, or as long as, she shall remain his widow, or = until=20 she shall marry, the estate is given to her only for the time of her = widowhood=20 and, on her marriage, her right to it determines. Bac. Ab. Conditions, = H. But=20 if, instead of giving the legacy to the wife, as above mentioned, the = gift had=20 been to her generally with a proviso, or on condition that she should = not marry,=20 or that if she married she should forfeit her legacy, this would be a = condition,=20 and such condition being in restraint of marriage, would be void.

LIMITATION, remedies. A bar to the alleged right of a = plaintiff to=20 recover in an action, caused by the lapse of a certain time appointed by = law; or=20 it is the end of the time appointed by law, during which a party may sue = for and=20 recover a right. It is a maxim of the common law, that a right never = dies and,=20 as far as contracts were concerned, there was no time of limitation to = actions=20 on such contracts. The only limit there was to the recovery in cases of = torts=20 was the death of one of the parties; for it was a maxim actio personalis = moritur=20 cum persona. This unrestrained power of commencing actions at any = period,=20 however remote from the original cause of action, was found to encourage = fraud=20 aud injustice; to prevent which, to assure the titles to land, to quiet = the=20 possession of the owner, and to prevent litigation, statutes of = limitation were=20 passed. This was effected by the statutes of 32 Hen. VIII. c. 2, and 21 = Jac, I.=20 c. 16. These statutes were adopted and practiced upon in this country, = in=20 several of the states, though they are now in many of the states in most = respects superseded by the enactments of other acts of limitation.

2. Before proceeding to notice the enactments on this subject in the = several=20 states, it is proper to call the attention of the reader to the rights = of the=20 government to sue untrammeled by any statue of limitations, unless = expressly=20 restricted, or by necessary implication included. It has therefore been = decided=20 that the general words of a statute ought not to include the government, = or=20 affect its rights, unless the construction be clear and indisputable = upon the=20 text of the act; 2 Mason's R. 314; for no laches can be imputed to the=20 government. 4 Mass. R. 528; 2 Overt. R. 352; 1 Const. Rep. 125; 4 Henn. = & M.=20 53; 3 Serg. & Rawle, 291; 1 Bay's R. 26. The acts of limitation = passed by=20 the several states are not binding upon the government of the United = States, in=20 a suit in the courts of the United States. 2 Mason's R. 311.

3. For the following abstract of the laws of the United States and of = the=20 several states, regulating the limitations of actions, the author has = been much=20 assisted by the appendix of Mr. Angell's excellent treatise on the = Limitation of=20 Actions.

4. United States. 1. On contracts. All suits on marshals' bonds shall = be=20 commenced and prosecuted within six years after the right of action = shall have=20 accrued, and not after; saving the rights of infants, femes covert, and = persons=20 non compos mentis, so that they may sue within three years after = disability=20 removed. Act of April 10, 1806, s. 1.

5. - 2. On legal proceedings. Writs of error must be brought within = five=20 years after judgment or decree complained of; saving in cases of = disability the=20 right to bring them five years after its removal. Act of September 24, = 1789, s.=20 22. And the like limitation is applied to bills of review. 10 Wheat. = 146.

6. - 3. Penalties. Prosecutions under the revenue laws, must be = commenced=20 within three years. Act of March 2, 1799, Act of March 1, 1823. Suits = for=20 penalties respecting copyrights, within two years. Act of April 29, = 1802, s. 3.=20 Suits in violation of the provisions of the act of 1818, respecting the = slave=20 trade, must be commenced within five years. Act of April 20, 1818, s. = 9.

7. - 4. Crimes. Offences punishable by a court martial must be = proceeded=20 against within two years unless the person by reason of having absented = himself,=20 or some other manifest impediment, has not been amenable to justice = within that=20 period. The act of April 30, 1790, s. 31, limits the prosecution and = trial of=20 treason or other capital offence, wilful murder or forgery excepted, to = three=20 years next after their commission; and for offences not capital to two = years,=20 unless the party has fled from justice. 2 Cranch, 336.

8. Alabama. 1. As to real estate. 1. After twenty years after title = accrued,=20 no entry can be made into lands. 2. No action for the recovery of land = can be=20 maintained, if commenced after thirty vears after title accrued. 3. = Actions on=20 claims by virtue of any title which has not been confirmed by either of = the=20 boards of commissioners of the United States, for adjusting land claims = &c.,=20 and not recognized or confirmed by any act of congress, are barred after = three=20 years; there is a proviso as to lands formerly in West Florida, and in = favor of=20 persons under disabilities.

9. - 2. As to personal actions. 1. Actions of trespass, quare clausum = fregit;=20 trespass; detinue; trover; replevin for taking away of goods and = chattels; of=20 debt, founded on any lending or contract, without specialty, or for = arrearages=20 of rent on a parol demise of account and upon the case, (except actions = for=20 slander, and such as concern the trade of merchandise between merchant = and=20 merchant, their factors or agents, are to be commenced within six years = next=20 after the cause of action accrued, and not after.

10. - 2. Actions of trespass for assaults, menace, battery, wounding = and=20 imprisonment, or any of them, are limited to two years.

11. - 3. Actions for words to one year.

12. - 4. Actions of debt or covenant for rent or arrearages of rent, = founded=20 upon any lease under seal, or upon any single or penal bill for the = payment of=20 money only, or on any obligation with condition for the payment of money = only,=20 or upon any award under the hands and seals of arbitrators, are to be = commenced=20 within sixteen years after the cause of action accrued, and not after; = but if=20 any payment has been made on the same at any time, then sixteen years = from the=20 time of such payment.

13. - 5. Judgments cannot be revived after twenty years.

14. - 6. A new action must be brought within one year when the former = has=20 been reversed on error, or the judgment has been arrested.

15. - 7. Actions on book accounts must be commenced within three = years,=20 except in the case of trade or merchandise between merchant and = merchant, their=20 factors or agents.

16. - 8. Writs of error must be sued out within three years after = final=20 judgment.

17. Arkansas. 1. As to lands. No action for the recovery of any lands = or=20 tenements, or for the recovery of the possession thereof, sball be = maintained,=20 unless it appears that the plaintiff, his ancestor, predecessor, or = grantor, was=20 seised or possessed of the promises in question within ten years before = the=20 commencement of such suit. Act of March 3, 1838, s. 1. Rev. Stat. 527. = No entry=20 upon lands or tenements shall be deemed sufficient or valid as a claim, = unless=20 an action be commenced thereon within one year after such entry, and = within ten=20 years from the time when the right to make such entry descended and = accrued. Id.=20 s. 2. The right of any person to the possession of any lands or = tenements, shall=20 not be impaired or affected by a descent cast in consequence of the = death of any=20 person in possession of such estate. Id. s. 3.

18. The savings are as follows: If any person entitled to commence = any action=20 in the preceding sections specified, or to make an entry, be, at the = time such=20 title shall first descend or accrue; first, within the age of twenty-one = years;=20 second, insane; third, beyond the limits of the state; or, fourth, a = married=20 woman; the time during which such disabilities shall continue, shall not = be=20 deemed any portion of the time in this act limited for the commencement = of such=20 suit, or the making of such entry; but such person may bring such = action, or=20 make such entry, after the time so limited, and within five years after = such=20 disability is removed, but not after that period. Id. S. 4. If any = person=20 entitled to commence any such action, or make such entry, die during the = continuance of such disability specified in the preceding section, and = no=20 determination or judgment be had of the title, right, or action to him = accrued,=20 his heirs may commence such action, or make such entry, after the time = in this=20 act limited for that purpose, and within five years after his death, and = not=20 after that period. Id. s. 5, Rev. Stat. 527.

19. - 2. As to personal actions. 1. The following actions shall be = commenced=20 within three years after the cause of action shall accrue: first, all = actions=20 founded upon any contract, obligation, or liability, (not under seal,) = excepting=20 such as are brought upon the judgment or decree of some court of record = of the=20 United States, of this, or some other state; second, all actions upon = judgments=20 rendered in any court not being a court of record; third, all actions = for=20 arrearages of rent, (not reserved by some instrument under seal); = fourth, all=20 actions of account, assumpsit, or on the case, founded on any contract = or=20 liability, expressed or implied; fifth, all actions of trespass on = lands, or for=20 libels; sixth, all actions for taking or injuring any goods or, = chattels. Id. s.=20 6, Rev. Stat. 527, 528.

20. - 2. The following actions shall be commenced within one year = after the=20 cause of action shall accrue, and not after: first, all special actions = on the=20 case for criminal conversation, assault and battery and false = imprisonment;=20 second, all actions for words spoken, slandering the character of = another;=20 third, all words spoken whereby special damages are sustained. Id. s. = 7.

21. - 3. All actions against sheriffs or other officers, for the = escape of=20 any person imprisoned on civil process, shall be commenced within one = year from=20 the time of such escape, and not after. Id. s. 8.

22. - 4. All actions against sheriffs and coroners, upon any = liability=20 incurred by them, by doing any act in their official capacity, or by the = omission of any official duty, except for escapes, shall be brought = within two=20 years after the cause of action shall have accrued, and not thereafter. = Id. s.=20 9.

23. - 5. All actions upon penal statutes where the penalty or any = part=20 thereof, goes to the state, or any county, or person suing for the same, = shall=20 be commenced within two years after the offence shall have been = committed, or=20 the cause of action shall have accrued. Id. s. 10.

24. - 6. All actions not included in the foregoing provisions, shall = be=20 commenced within five years after the cause of action shall have = accrued. Id. s.=20 11.

25. - 7. In all actions of debt, account or assumpsit, brought to = recover any=20 balance due upon a mutual, open account current, the cause of action = shall be=20 deemed to have accrued from the time of the last item proved in such = account Id.=20 s. 12.

26. The savings are as follows: 1. If any person entitled to bring = any action=20 in the preceding seven sections mentioned, except in actions against = sheriffs=20 for escapes, and actions of slander, shall, at the time of action = accrued, be=20 either within the age of twenty-one years, or insane, or beyond the = limits of=20 this state, or a married woman, such person shall be at liberty to bring = such=20 action within the time specified in this act, after such disability is = removed.=20 Id. s. 13.

27. - 2. If any person entitled to bring an action in the preceding=20 provisions of this act specified, die before the expiration of the time = limited=20 for the commencement of such suit, and such cause of action shall = survive to his=20 representatives, his executors or administrators may, after the = expiration of=20 such time, and within one year after such death, commence such suit, but = not=20 after that period. Id. s. 19.

28. - 3. If at any time when any cause of action specified in this = act=20 accrues against any person, he be out of the state, such action may be = commenced=20 within the times herein respectively limited, after the return of such = person=20 into the state; and if, after such cause of action shall have accrued, = such=20 person depart from, and reside out of the state, the time of his absence = shall=20 not be deemed or taken as any part of the time limited for the = commencement of=20 such action. Id. s. 20. If any person, by leaving the county absconding = or=20 concealing himself, or any other improper act of his own, prevent the=20 commencement of any action in this act specified, such action may be = commenceed=20 within the times respectively limited, after the commencement of such = action=20 shall have ceased to be so prevented. Id. s. 26.

29. - 4. None of the provisions of this act shall apply to suit's = brought to=20 enforced payment on bills, notes, or evidences of debt issued by any = bank, or=20 moneyed corporation. Id. s. 18.

30. Connecticut. 1. As to lands. No person can make an entry into = lands after=20 fifteen years next after his right or title first accrued to the same; = and no=20 such entry is valid unless an action is afterwards commenced thereupon, = and is=20 prosecuted with effect within one year next after the making thereof; = there is a=20 proviso in favor of disabled persons, who may sue within five years = after the=20 disability has been removed.

31. - 2. As to personal actions. 1. In actions on specialties and = promissory=20 notes, not negotiable, the limitation is seventeen years, with a saving = that=20 "persons legally incapable to bring an action on such bond or writing at = the=20 accruing of the right of action, may bring the same within four years = after=20 becoming legally capable."

32. - 2. Actions of account, of debt on book, on simple contract, or=20 assumpsit, founded on an implied contract, or upon any contract in = writing, not=20 under seal, (except promissory notes not negotiable,) within six years, = saving=20 as above three years.

33. - 3. In trespass on the case, six years, but no savings.

34. - 4. Actions founded upon express contracts not reduced to = writing; upon=20 trespass; or upon the case for word; three years and no savings.

35. - 5. Actions founded on penal statutes one year after the = commission of=20 the offence.

36. - 6. A new suit must be commenced within one year after reversal = of the=20 former, or when it was arrested.

37. Delaware. 1. As to lands. Twenty years of adverse possession of = land is a=20 bar. The general principles of the English law on this subject, have = been=20 adopted in this state.

38. - 2. As to personal actions. All actions of trespass quare = clausum=20 fregit; of detinue; trover and replevin, for taking away goods or = chattels; upon=20 account and upon the case; (other than actions between merchant and = merchant,=20 their factors and servants, relating to merchandise;) upon the case for = words;=20 of debt grounded upon any lending or contract without specially; of debt = for=20 arrearages of rent; and all actions of trespass, assault, battery, = menace,=20 wounding or imprisonment, shall be commenced and sued within three years = next=20 after the cause of such action or suit accrues, and not after.

39. The 2d section of the same act contains a saving, in favor of = persons=20 who, at the time of the cause of action accrued, are within the age of=20 twenty-one years; femes covert; persons of insane memory, or imprisoned. = Such=20 persons must bring their actions within one year next after the removal = of such=20 disability as aforesaid.

40. In the 3d section of the same act, provision is made, that no = person not=20 keeping a day book, or regular book of accounts, shall be admitted to = prove or=20 require payment of any account of longer standing than one year against = the=20 estate of any person dying within the state, or if it consist of many=20 particulars, unless every charge therein shall have accrued within three = years=20 next before the death of the deceased, and unless the truth and justice = thereof=20 shall be made to appear by one, sufficient witness; and in case of a = regular=20 book of accounts, unless such account shall have accrued or arisen = within three=20 years before the death of the deceased person.

41. In section 6th, there is a saving of the rights or demands of = infants,=20 femes covert, persons of insane memory, or imprisoned, so their accounts = be=20 proved and their claims prosecuted within one year after the removal of = such=20 disability.

42. By a supplementary act, it is declared, that nothing contained in = this=20 act, shall extend to any intercourse between merchant and merchant, = according to=20 the usual course of mercantile business nor to any demands founded on = mortgages:=20 bonds, bills, promissory notes, or settlements under the hands of the = parties=20 concerned.

43. All actions upon administration, guardian and testamentary bonds, = must be=20 commenced within six years after passing the said bonds; and actions on=20 sheriff's recognizances, within seven years after the entering into such = recognizances, and not after; saving in all these cases, the rights of = infants,=20 femes covert, persons of insane memory, or imprisoned, of bringing such = actions=20 on administration, guardian or testamentary bonds, within three years = after the=20 removal of the disability, and on sheriff's recognizances within one = year after=20 such disability removed.

44. No appeal can be taken from any interlocutory order, or final = decrees of=20 the chancellor, but within one year next after making and signing the = final=20 decree, unless the person entitled to such appeal be an infant, feme = covert, non=20 compos mentis, or a prisoner.

45. No writ of error, can be brought upon any judgment, but within = five years=20 after the confessing, entering or rendering thereof, unless the person = entitled=20 to such writ, be an infant, feme covert, non compos mentis, or a = prisoner, and=20 then within five years exclusive of the time of such disabi- lity. = Constitution,=20 article 5, s. 13.

46. There is no saving in favor of foreigners or citizens of other = states.=20 The courts of this state have adopted the general principles of the = English=20 law.

47. Florida. 1. As to lands. Writs of formedon in descender, = remainder, or=20 reverter, must be brought within twenty years. Act of Nov. 10, 1828, = sec. 1,=20 Duval; 154. Infants, femes covert, persons non compos mentis, or = prisoners, may.=20 sue within ten years after disability is removed. Id. s. 2. A writ of = right on=20 seisin of ancestor or predecessor within fifty years; other possessory = action on=20 seisin of ancestor or predecessor, within forty years; real action on=20 plaintiff's possession or seisin within thirty years. Id. sec. 3.

48. - 2. As to personal actions. All actions upon the case, other = than for=20 slander, actions for accounts, for trespass, debt, detinue, and replevin = for=20 goods and chattels, and actions of trespass quare clausum fregit, within = five=20 years. Actions of trespass, assault, battery, wounding and imprisonment, = or any=20 of them, within three years; and actions for words within one year. Id. = s. 4.=20 There is a saving in favor of infants, femes covert, persons non compos = mentis,=20 imprisoned, or beyond seas, or out of the country, who may bring suit = within the=20 same time after the disability has been removed. All actions on book = accounts=20 shall be brought within two years.

49. - 3. As to crimes. All offences not punishable with death, shall = be=20 prosecuted within two years. Act of Feb. 10, 1882, s. 78. All actions, = suits and=20 presentments upon penal acts of the general assembly, shall be = prosecuted within=20 one year. Act of Nov. 19, 1828, s. 18.

50. Georgia. 1. As to lands. Seven years' adverse possession of lands = is a=20 bar, with a saving in favor of infants, femes covert, persons non compos = mentis,=20 imprisoned or beyond seas.

51. - 2. As to personal actions. Twenty years is a bar in personal = actions,=20 on bonds under seal; other obligations not under seal, six years; = trespass quare=20 clausum fregit, three years trespass, assault and battery, two years; = slander=20 and qui tam actions, six months. There are savings in favor of infants, = femes=20 covert, persons non composmentis, imprisoned and beyond seas.

52. No other savings in favor of citizens of other states or = foreigners.

53. As to crimes. In cases of murder there is no limitation. In all = other=20 criminal cases where the punishment is death or perpetual imprisonment, = seven=20 years; other felonies, four years; cases punishable by fine and = imprisonment,=20 two years. Prince's Dig. 573-579. Acts of 1767, 1813, and 1833. See 1 = Laws of=20 Geo. 33; 2 Id. 344; 3 Id. 30; Pamphlet Laws, 1833, p. 143.

54. Illinois. 1. As to lands. No statute on this subject.

55. - 2. As to personal actions. All actions of trespass quare = clausum=20 fregit; all actions of trespass, detinue, actions sur trover, and = replevin for=20 taking away goods and chattels, all actions of account, and upon the = case, other=20 than such accounts as concern the trade of merchandise between merchant = and=20 merchant, their factors and servants; all actions of debt, grounded upon = any=20 lending or contract without specialty; all actions of debt for = arrearages of=20 rent; all actions of assault, menace, battery, wounding, and = imprisonment, or=20 any of them, which shall be sued or brought, shall be commenced within = the=20 following times, and not after actions upon the case, other than for = slander;=20 actions of account, and actions of trespass, debt, detinue and replevin = for=20 goods and chattels, and actions of trespass quare clausum fregit, within = five=20 years next after the cause of action or suit, and not after; and the = actions of=20 trespass for assault, battery, wounding, imprisonment, or any of them, = within=20 three years next after cause of action or suit, and not after; and = actions for=20 slander, within one year next after the words spoken. There are no = savings, by=20 the statute, in favor of citizens of other states, or foreigners.

56. Indiana. 1. As to lands. "No action of ejectment shall be = commenced for=20 the recovery of lands or tenements against any person or persons who may = have=20 been in the quiet and peaceable possession of the same under an adverse = title=20 for twenty years, either in his own right, or the right of any other = person or=20 persons under whom he claims; and any action of ejectment commenced = against the=20 provisions of this act shall be dismissed at the cost of the party = commencing=20 the same. Provided, however, that this act shall not be so construed as = to=20 affect any person who may be a feme covert, non compos mentis, a minor, = or any=20 person beyond the seas, within five years after such disability is = removed."=20 Rev. Code, c. 36, see. 3, January 13, 1831.

57. - 2. As to personal actions. "All actions of debt on simple = contract, and=20 for rent in arrear, action on the case, (other than slander,) actions of = account, trespass quare clausum fregit, detinue, and replevin for goods = and=20 chattels, shall be commenced within five years after the cause of action = accrued, and not after. All actions of trespass, for assault and = battery, and=20 for wounding and imprisonment, shall be commenced within three years, = and not=20 after." Rev. Code, 6. 81, sec. 12, January 29, 1831.

58. - 3. Crimes. "All criminal prosecutions for offences, the affixed = penalty=20 of which is three dollars, or less, shall be commenced within thirty = days,"=20 &c. "All prosecutions for offences, except those the fixed penalties = of=20 which do not exceed three dollars, and except treason, murder, arson, = burglary,=20 man stealing, horse stealing, and forgery, shall be instituted within = two years,=20 &c." Revised Code, c. 26, Feb. 10, 1831.

59. - 4. Penal actions. "All actions upon any act of assembly, now or = hereafter to be made, when the right is limited to the party aggrieved, = shall be=20 commenced within two years, &c., and all actions of slander shall be = commenced within one year, &c., saving the right of infants, femes = covert,=20 persons non compos mentis, or without the jurisdiction of the United = States,=20 until one year after their several disabilities are removed." Sec. = 12.

60. - 5. Savings. Provided, that no statute of limitation shall ever = be=20 pleaded as a bar, or operate as such on an instrument or contract in = writing,=20 whether the same be sealed or unsealed, nor to running accounts between = merchant=20 and merchant. Rev. Code, eh. 81, s. 12.

61. And provided further, that on all contracts made in this state, = if the=20 defendant shall be without the same when the cause of action accrued, = said=20 action shall not be barred until the times above limited shall have = expired,=20 after the defendant shall have come within the jurisdiction thereof, and = on all=20 contracts made without the state, if the defendant shall have left the = state or=20 territory when the same was made, and come within the jurisdiction of = this state=20 before the cause of action accrued thereon, the plaintiff shall not be = barred=20 his right of action, until the time above limited after the said demand = shall=20 have been brought within the jurisdiction of this state. Rev. Code, ch. = 81, s.=20 12.

62. Kentucky. 1. As to lands. The act of limitation takes effect in a = writ of=20 right or other possessory action, in thirty years from the seisin of the = demandant or his ancestors. In ejectment, in twenty years. See 1 Litt. = 380, and=20 Sessions Acts 1838-9, page 330. In the action of ejectment, there is a = saving in=20 favor of infants; persons insane or imprisoned; femes covert, to whom = lands have=20 descended during the coverture, when their cause of action ac- crued. = These=20 persons may sue within three years after the removal of the disability. = 5 Litt.=20 90; Id. 97. There is no saving, in favor of non-residents or absent = persons. 5=20 Litt. 90; 4 Bibb, 561. But when the possession has been held for seven = years=20 under a connected title in law or equity deducible of record from the=20 commonwealth, claiming title under an adverse entry, survey or patent, = no writ=20 of ejectment or other possessory action can be commenced. In this case = there is=20 a saying in favor of infants, &c., as above, and of persons out of = the=20 United States, in the service of the United States, or of this state, = who may=20 bring actions seven years after the removal of the disability. 4 Litt. = 55.

63. - 2. As to personal actions. The act of limitation operates on = simple=20 contracts (except store accounts) in five years. Torts to the person, = three=20 years. Torts, except torts to the person, five years. Slander, one year. = Store=20 accounts, one year from the delivery of each article; except in cases of = the=20 death of the creditor or debtor before the expiration of one year, when = the=20 further time of one year is allowed after such death.

64. Savings in such actions of simple contracts, tort, slander, and = upon=20 store accountt, in favor of infants, femes covert, persons imprisoned or = insane=20 at the time such action accrued, who have the full time aforesaid after = the=20 removal of their respective disabilities to commence their suit. But if = the=20 defendant, in any of said personal actions, absconds, or conceals = himself by=20 removal out of the country or county where he resides when the cause of = action=20 accrues, or by any other indirect ways or means defeats or obstructs the = bringing of such suit or action, such defendant shall not be permitted = to plead=20 the act of limitations. 1 Litt. 380. There is no saving in favor of=20 non-residents or persons absent. Act of 1823, s. 3, Session Acts, p. = 287.

65. Louisiana. The Civil Code, book 3, title 23, chapter 1, section = 3,=20 provides as follows:

66. - =A7I. Of the prescription of one year. Art. 3499. The action of = justices=20 of the peace and notaries, and persons performing their duties, as well = as=20 constables, for the fees and emoluments which are due to them in their = official=20 capacity that of muters and instructors in the arts and sciences, for = lessons=20 which they give by the month; that of innkeepers and such others, on = account of=20 lodging and board which they furnish; that of retailers of provisions = and=20 liquors; that of workmen, laborers, and servants, for the payment of = their=20 wages; that for the payment of the freight of ships and other vessels, = the wages=20 of the officers, sailors, and others of the crew; that for the supply of = wood=20 and other things necessary for the construction, equipment, and = provisioning of=20 ships and other vessels, are prescribed by one year.

67. - 3500. In the cases mentioned in the preceding article, the = prescription=20 takes place, although there may have been a regular coutinuauce of = supplies, or=20 of labor, or other service. It only ceases, from the time when there has = been an=20 account acknowledged, a note or bond, or a suit instituted. However, = with=20 respect to the wages of officers, sailors, and others of the crew of a = ship,=20 this prescription runs only from the day when the voyage is = completed.

68. - 3501. The actions for injurious words, whether verbal or = written, and=20 that for damages caused by slaves or animals, or resulting from offences = or=20 quasi offences; that which a possessor may institute, to have himself=20 main-tained or restored to his possession, when he has been disturbed or = evicted; that for the delivery of merchandise or other effects, shipped = on board=20 any kind of vessels; that for damage sustained by merchandise on board = ships, or=20 which may have happened by ships running foul of each other, are = prescribed by=20 one year.

69.- 3502. The prescription mentioned in the preceding article, runs, = with=20 respect to the merchandise injured or not delivered from the day of the = arrival=20 of the vessel, or that on which she ought to have arrived; and in the = other=20 cases, from that on which the injurious words, disturbance, or damage = were=20 sustained.

70. - =A7II. Of the prescription of three years. Art. 3503. The = action for=20 arrearages of rent charge, annuities and alimony, or of the hire of = movables or=20 immovables; that for the payment of money lent; for the salaries of = overseers,=20 clerks, secretaries, and of teachers of the sciences, for lessons by the = year or=20 quarter; that of physicians, surgeons, and apothecaries, for visits, = opera-=20 tions, and medicines: that of parish judges sheriffs, clerks, and = attorneys, for=20 their fees and emoluments, are prescribed by three years, unless there = be an=20 account acknowledged, a note or bond given, or an action commenced = before that=20 time.

71. - 3504. The action of parties against their attorneys for the = return of=20 papers delivered to them for the interest of their suits, is prescribed = also by=20 three years, reckoning from the day when judgment was rendered in the = suit, or=20 from the revocation of the powers of the attorneys.

72. - =A7III. Of the prescription of five years. Art. 3505. Actions = on bills of=20 exchange, notes payable to order or bearer, except bank notes, those on = all=20 effects negotiable or transferable by endorsement or delivery, are = prescribed by=20 five years, reckoning from the day when these engagements were = payable.

73. - 3506. The prescription mentioned in the preceding article, and = those=20 described above in the paragraphs, I. and II., run against minors and=20 interdicted persons, reserving, however, to them their recourse against = their=20 tutors or curators. They run also against persons residing out of the = state.

74. - 3507. The action of nullity or rescission of contracts, = testaments, or=20 other acts; that for the reduction of excessive donations; that for the=20 rescission of partitions and guaranty of the portions, are prescribed by = five=20 years when the person entitled to exercise them is in the state, and ten = years=20 if he be out of it. This prescription only commences against minors = after their=20 majority.

75. - =A7IV. Of the prescription of ten years. Art. 3508. In general, = all=20 personal actions, except those above enumerated, are prescribed by ten = years, if=20 the creditor be present, and by twenty years, if he be absent.

76. - 3509. The action against an undertaker or architect, for defect = of=20 construction of buildings of brick or stone, is prescribed by ten = years.

77. - 3610. If a master suffer a slave to enjoy his liberty for ten = years,=20 during his residence in the state, or for twenty years while out of it, = he shall=20 lose all right of action to recover possession of the slave, unless the = slave be=20 a runaway or fugitive.

78. - 3511. The rights of usufruct, use and habitation, and services, = are=20 lost, by non-use for ten years, if the person having a right to enjoy = them, be=20 in the state, and by twenty years, if he be absent.

79. - =A7V. Of the prescription of thirty years. Art. 3512. All = actions for=20 immovable property, or for an entire estate as a succession, are = prescribed by=20 thirty years, whether the parties be present, or absent from the = state.

80. - 3513. Actions for the revindication of slaves are prescribed by = fifeen=20 years, in the same manner as in the preceding article.

81. - =A7VI. Of the rules relative to the prescription operating a = discharge=20 from debts. Art. 3514. In cases of prescription releasing debts, one may = prescribe against a title created by himself, that is, against an = obligation=20 which be has contracted.

82. - 3515. Good faith not being required on the part of the person = pleading=20 this prescription, the creditor cannot compel him or his heirs to swear = whether=20 the debt has or has not been paid, but can only blame himself for not = having=20 taken his measures within the time directed by law; and it may be that = the=20 debtor may not be able to take any positive oath on the subject.

83. - 3516. The prescription releasing debts is interrupted by all = such=20 causes as interrupt the prescription by which property is acquired, and = which=20 have been explained in the first section of this chapter. It is also = interrupted=20 by the causes explained in the following articles.

84. - 3517. A citation served upon one joint debtor or his = acknowledgment of=20 the debt, interrupts the prescription with regard to all the others and, = even=20 their heirs. A citation served on one of the heirs of a joint debtor, or = the=20 acknowledgment of such heir, does not interrupt the prescription with = regard to=20 the other heirs, even if the debt was by mortgage, if the obligation be = not=20 indivisible. This citation or acknowledgment does not interrupt the=20 prescription, with regard to the other co-debtors, except for that = portion for=20 which such heir is bound. To interrupt this prescription for the whole, = with=20 regard to the other co-debtors, it is necessary, either that the = citations be=20 served on all, or the acknowledgment be made by all the heirs.

85. - 3518. A citation served on the principal debtor, or his = acknowledgment,=20 interrupts the prescription on the part of the surety.

86. - 3519. Prescription does not run against minors and persons = under=20 interdiction, except in the cases specified above.

87. - 3520. Prescription runs against the wife, even although she be = not=20 separated of property by marriage contract or by authority of law, for = all such=20 credits as she brought in marriage to her husband, or for whatever has = been=20 promised to her in dower; but the husband continues responsible to = her.

88. Maine. 1. As to real actions. The writ of right is limited to = thirty=20 years writ of ancestral seisin, twenty-five years writ of entry on = party's own=20 seisin, twenty years. Stat. of Maine, eh. 62, =A71, 2, 3. But by the = revised=20 statutes, all real actions are limited to twenty years, from the time = the right=20 accrues. They took effect on the first day of April, 1843. Rev. Stat. T. = 10, ch.=20 140, =A71. And writs of right and of formedon are abolished after that = time. Rev.=20 Stat. ch. 145, =A71.

89. - 2. As to personal actions. When founded on simple contract, = they are=20 limited after six years; Rev. Stat. T. 10, ch. 146, =A71; on = specialties, twenty=20 years. Id. =A711. Personal actions founded on torts are limited to six = years,=20 except trespass for assault and battery, false imprisonment, slanderous = words=20 and libels, which are limited to two years. Id. =A71.

90. - 3. As to penal actions. When brought by individuals having an = interest=20 in the penalty or forfeiture, they are limited to one year; Rev. Stat. = T. 10, c.=20 146, =A715; when prosecuted by the state, two years. Id. =A716.

91. - 4. As to crimes. Prosecutions for crimes must be commenced = within six=20 years when the party charged has publicly resided within the state, = except in=20 cases of treason, murder, arson, and manslaughter. Rev. Stat. T. 12, c. = 167,=20 15.

92. Maryland. 1. As to lands. The statute of 21 Jac. I. c. 16, is in = force in=20 this state.

93. - 2. As to personal actions. By the Act of Assembly, 1715, c. 23, = actions=20 of account; upon the case; or simple contract; or book debt or account; = and of=20 debt not of specialty; detinue and replevin for taking away goods and = chattels;=20 and trespass quare clausum fregit; must be brought within three years = ensuing=20 the cause of action, and not after; other actions of trespass, of = assault,=20 battery, wounding and imprisonment, within one year from the time of the = cause=20 of action accruing; from these provisions are excepted, however, such = accounts=20 as concern the trade of merchandise between merchant and merchant, their = factors=20 and servants which are not resident within this [province] state. This = statute=20 also enacts, that no bill, bond, judgment, or recognizance, statute = merchant or=20 of the staple, or other specialty whatsoever, (except such as shall be = taken in=20 the name or for the use of our sovereign the king, &c.) shall be = "good and=20 pleadable, or admitted in evidence" against any person of this = [province] state,=20 after the principal debtor and creditor have both been dead twelve = years, or the=20 debt or thing in action above twelve years standing.

94. Persons laboring under the impediments of infancy, coverture, = insanity or=20 imprisonment, are not barred until five years after the disability has = been=20 removed. And when a personal action abates by the death of the = defendant, the=20 plaintiff may at any time renew his suit, provided it be commenced = without delay=20 after letters testamentary have been granted.

95. Defendants, when absent from the state at the time the cause of = action=20 accrued, cannot compute the time of their absence in order to bar the = plaintiff,=20 but the latter may prosecute the same after the presence in the state of = the=20 persons liable thereto, within the time or times limited by the acts of=20 limitation in such actions.

96. Massachusetts. By the Revised Statutes, ch. 120, it is provided = as=20 follows, to wit:

97. - =A71. The following actions shall be commenced within six years = next=20 after the cause of action shall accrue, and not afterwards

98. First, all actions of debt, founded upon any contract, or = liability not=20 under seal, except such as are brought upon the judgment or decree of = some court=20 of record of the United States, or of this, or some other of the United=20 States:

99. Secondly, all actions upon judgments rendered in any court, not = being a=20 court of record:

100. Thirdly, all actions for arrears of rent:

101. Fourthly, all actions of assumpsit, or upon the case, founded on = any=20 contract or liability, express or implied:

102. Fifthly, all actions for waste and for trespass upon land:

103. Sixthly, all actions of replevin and all other actions for = taking,=20 detaining or injuring goods or chattels:

104. Seventhly, all other actions on the case, except actions for = slanderous=20 words and for libels.

105. - =A72. All actions for assault and battery, and for false = imprisonment,=20 and all actions for slanderous words and for libels, shall be commenced = within=20 two years next after the cause of action shall accrue, and not = afterwards.

106. - =A73. All actions against sheriffs, for the misconduct or = negligence of=20 their deputies, shall be commenced within four years next after the = cause of=20 action shall accrue, and not afterwards.

107. - =A74. None of the foregoing provisions shall apply to any = action brought=20 upon a promissory note, which is signed in the presence of an attesting = witness,=20 provided the action be brought by the original payee, or by his executor = or=20 administrator, nor to an action brought upon any bills, notes, or other=20 evidences of debt, issued by any bank.

108. - =A75. In all actions of debt or assumpsit brought to recover = the=20 bal-ance due upon a mutual and open account current, the cause of action = shall=20 be deemed to have accrued, at the time of the last item proved in such=20 account.

109. - =A76. If any person entitled to bring any of the actions = before=20 mentioned in this chapter shall, at the time when the cause of action = accrues,=20 be within the age of tweuty-one years, or a married woman, insane, = imprisoned,=20 or absent from the United States, such person may bring the said actions = within=20 the times in this chapter respectively limited, after the disability = shall be=20 removed, or within six years after the disability mentioned in the = preceding=20 section.

110. - =A77. All personal actions on any contract, not limited by the = foregoing=20 sections, or by any other law of this commonwealth, shall be brought = within=20 twenty years after the accruing of the cause of action.

lll. - =A78. When any person shall be disabled to prosecute an action = in the=20 courts of this commonwealth, by reason of his being an alien subject or = citizen=20 of any country at war with the United States, the time of the = continuance of=20 such war shall not be deemed any part of the respective periods, herein = Iimited=20 for the commencement of any of the actions before mentioned.

112. - =A79. If, at the time when any cause of action, mentioned in = this=20 chapter, shall accrue against any person, he shall be out of the state, = the=20 action may be commenced within the time herein limited therefor, after = such=20 person shall come into the state and if after any cause of action shall = have=20 accrued, the person against whom it has accrued shall be absent from and = reside=20 out of the state, the time of his absence shall not be taken as any part = of the=20 time limited for the commencement of the action.

113. - =A710. If any person, entitled to bring any of the actions, = before=20 mentioned in this chapter, or liable to any such action, shall die = before the=20 expiration of the time herein limited therefor, or within thirty days = after the=20 expiration of the said time, and if the cause of action does by law = survive, the=20 action may be commenced by or against the executor or administrator of = the=20 deceased person, as the case may be, at anytime within two years after = the grant=20 of letters testamentary or of administration, and not afterwards, if = barred by=20 the provisions of this chapter.

114. - =A711. If, in any action duly commenced within the time in = this chapter=20 limited and allowed therefor, the writ shall fail of a sufficient = service or=20 return, by any unavoidable accident, or by any default or neglect of the = officer=20 to whom it is committed, or if the writ shall be abated, or the action = otherwise=20 avoided or defeated, by the death of any party thereto, or for any = matter of=20 form, or if after a verdict for the plaintiff, the judgment shall be = arrested,=20 or if a judgment for the plaintiff shall be reversed on a writ of error, = the=20 plaintiff may commnence a new action for the same cause, at any time = within one=20 year after the abatement or other determination of the original suit, or = after=20 the reversal of the judgment therein; and if the cause of action does by = law=20 survive, his executor or administrator may, in case of his death, = commence such=20 new action within the said one year.

115. - =A712. If any person, who is liable to any of the actions = mentioned in=20 this chapter, shall fraudulently conceal the cause of such action from = the=20 knowledge of the person entitled thereto, the action may be commenced, = at any=20 time within six years after the person who is entitled to bring the = same, shall=20 discover that he has such cause of action, and not afterwards.

116. Michigan. 1. As to lands. Sec. 1. In all real actions the = statute of=20 limitation takes effect as follows, to wit: In all actions for the = recovery of=20 land the statute runs after twenty years from the time the cause of = action=20 accrued, or within twenty-five years after the plaintiff or those from, = by or=20 under whom he claims, shall have been seised or possessed of the = premises,=20 except as specified below.

117. - Sec. 2. If the right or title accrued to an ancestor or = predecessor of=20 the person who brings the action or makes the entry upon the land, or to = any=20 other person from, by or under whom he claims, the said twenty-five = years shall=20 be computed from the time when the right or title so first accrued to = such=20 ancestor, predecessor or other person.

118. - Sec. 3. The right to bring an action for the recovery of land = or to=20 make an entry thereon shall be deemed first to accrue when any person is = disseised, at the time of such disseisin.

119. When any person claims as heir or devisee of one who died = seised, his=20 right shall be deemed to have accrued at the time of such death; unless = there is=20 a tenancy by the curtesy or other estate, intervening after the death of = such=20 ancestor or devisor, in which case the right shall be deemed to accrue = when such=20 intermediate estate shall expire, or when it would have expired by its = own=20 limitation.

120. When there is such an intermediate estate, and in all other = cases when=20 the party claims by force of any remainder or reversion, his right, so = far as it=20 is affected by the limitation herein prescribed, shall be deemed to = accrue when=20 the intermediate or precedent estate would have expired by its own = limi-tation,=20 notwithstanding any forfeiture thereof for which he might have entered = at an=20 earlier time; but if the person claims by reason of any forfeiture or = breach of=20 the condition, the statute runs from the time when the forfeiture was = incurred=20 or the condition was broken.

121. In all other cases not otherwise provided for, the right shall = be deemed=20 to accrue when the claimant or the person under whom he claims first = became=20 entitled to the possession of the premises, under the title upon which = the entry=20 or action is founded.

122. - Sec. 4. If any minister or other sole corporation shall be = disseised,=20 any of his successors may enter upon the premises, or bring an action = for the=20 recovery thereof at any time within five years after death, resignation = or=20 removal of the person so disseised, notwithstanding the twenty-five = years after=20 such disseisin shall have expired.

123. - Sec. 5. If the person first entitled to make such entry or = bring such=20 action shall die within the age of twenty-one years, or be a married = woman,=20 insane, imprisoned in the state prison, or absent from the United = States, and no=20 determination or judgment shall have been had of or upon the title, = right or=20 action which accrued to him, the entry may be made or the action brought = by his=20 heirs, or any other person claiming from, by or under him, at any time = within=20 ten years after his death, notwithstanding the said twenty-five years = shall have=20 expired.

124.- Sec. 6. No person shall be deemed to have been in possession of = any=20 lands within the meaning of the foregoing provisions merely by reason of = having=20 made an entry thereon, unless he shall have continued open and peaceable = possession of the premises for the space of one year next after such = entry, or=20 unless an action shall be commenced upon such entry and seisin within = one year=20 after he shall be ousted or dispossessed of the premises. R. S., p. 573 = and=20 574.

125. No actions for the recovery of an estate sold by an executor or=20 administrator shall be maintained by the heir or other person claiming = under the=20 deceased testator or intestate, unless it be commenced within five years = next=20 after the sale. And no actions for any estate sold by a guardian shall = be=20 maintained by the ward or any other person claiming under him, unless it = be=20 commenced within five years after the termination of the guardianship. = Except=20 that persons out of the state and minors and others under any legal = disability=20 to sue at the time when the right of action shall first accrue, may = commence=20 such action at any time within five years after the disability is = removed, or=20 after their return to the state. R. S., p. 317, see. 35.

126. - 2. As to personal actions. The following actions shall be = commenced=20 within six years next after the cause of action shall accrue and not = afterwards,=20 to wit:

127. - 1st. All actions of debt founded upon any contract or = liability not=20 under seal, except such as are brought upon the judgment or decree of = some court=20 of record, or of general equity jurisdiction of the United States, or of = this or=20 some other of the United States.

128. - 2d. All actions upon judgments rendered in any court other = than those=20 above excepted.

129. - 3rd. All actions for arrears of rent.

130. - 4th. All actions of assumpsit or upon the case founded on any = contract=20 or liability express or implied.

131. - 6th. All actions for waste.

132. - 6th. All actions of replevin and trover and all other actions = for=20 taking, detaining, or injuring goods and chattels.

133. - 7th. All other actions on the case, except actions for = slanderous=20 words or for libels.

134. - Sec. 2. All actions for trespass upon land or for assault and = battery,=20 and for false imprisonment, and all actions for slanderous words and for = libels,=20 shall be commenced within two years next after the cause of action = shall, accrue=20 and ]lot afterwards.

135. - Sec. 3. All actions against sheriffs for the misconduct or = neglect of=20 their deputies shall be commenced within four years next after the cause = of=20 action shall accrue and not afterwards.

136. - Sec. 4. None of the foregoing provisions shall apply to any = action=20 brought, upon any bills, notes or other evidence of debt issued by any = bank.

137. - Sec. 5. ln all actions of debt or assumpsit brought to recover = the=20 balance due upon mutual and open account current the cause of action = shall be=20 deemed to have accrued at the time of the last item proved in such = account.

138 .- Sec. 6. If any person entitled to bring any of the actions = before=20 mentioned in this chapter shall, at the time when the cause of action = accrues,=20 be within the age of twenty-one years, or a married woman, insane, = imprisoned in=20 the state prison, or absent from the United States, such person may = bring the=20 said actions within the time in this chapter respectively limited after = the=20 disability shall be removed.

139. - Sec. 7. All personal actions or any contract not limited by = the=20 foregoing sections or by an other laws of this state shall be brought = within=20 twenty years after the accruing of the cause of action.

140. - Sec. 8. When any person shall be disabled to prosecute an = action in=20 the courts of this state by reason of his being an alien subject or = citizen of=20 any country at war with the United States, the time of the continuance = of such=20 war shall not be deemed any part of the respective period herein limited = for the=20 commencement of an of the actions before mentioned.

141. - Sec. 9. If at the time when a cause of action mentioned in = this=20 chapter shall accrue against any person, he shall be out of the state, = the=20 action may be commenced within the time herein limited therefor after = such=20 person shall come into this state. And if, after any cause of action = shall have=20 accrued, the person against whom it has accrued shall be absent from, = and reside=20 out of the state, the time of his absence shall not be taken as any part = of the=20 time limited for the commencement of the action.

142. - Sec. 10. If any person entitled to bring any of the actions = before=20 mentioned shall die before the expiration of the time herein limited or = within=20 thirty days after the expiration of the said time, and if the cause of = action=20 does by law survive; the action may be commenced by or against the = executor or=20 administrator of the deceased person as the case may be, at any time = within two=20 years after the granting of the letters testamentary or of = administration, and=20 not afterwards, if barred by the provisions of this chapter.

143. - Sec. 11. If in any action, duly commenced within the time = limited in=20 this chapter and allowed therefor, the writ shall fail of a sufficient = service=20 or return, by an unavoidable accident or by any default or neglect of = the=20 officer to whom it is committed, or if the suit shall be abated, or the = action=20 otherwise avoided or defeated by the death of any party thereto, or for = any=20 other matter of form, or if after a verdict for the plaintiff the = judgment shall=20 be arrested, or if a judgment for the plaintiff shall be reversed on a = writ of=20 error, the plaintiff may commence a new action for the same cause at any = time=20 within one year after the abatement or other determination of the = original suit=20 or after the reversal of the judgment therein. And if the cause of = action does=20 by law survive, the executor or administrator may in case of his death = commence=20 such action within said one year.

144. - Sec. 12. ln case of the fraudulent concealment of the right of = action,=20 such action may be commenced at any time within six years after the = person=20 entitled to the same shall discover that he has such cause of action. R. = S., p.=20 576, 577 and 578.

145. - Sec. 21. All actions and suits for any penalty or forfeiture = on any=20 penal statute brought by any person to whom the penalty or forfeiture is = given=20 in the whole or in part, shall be commenced within one year next after = the=20 offence was committed, and not afterwards.

146. - Sec. 22. If the penalty or forfeiture is given in whole or in = part to=20 the state, a suit therefor may be commenced by or in behalf of the state = at any=20 time within two years after the offence was committed and not = afterwards. Rev.=20 Stat., p. 579.

147. - 3. As to crimes. The statute of limitations in criminal cases = takes=20 effect after six years from the time the offence was committed; but any = period=20 during which the party charged was not usually and publicly resident = within this=20 state shall not be reckoned as a part of the six years. In case of = murder,=20 however, there is no limitation. Rev. Stat., p. 666, sec. 15.

148. Mississippi. 1. As to lands. Real, possessory, ancestral and = mixed=20 actions for lands, tenements, or hereditaments must be instituted within = twenty=20 years next after the right or title thereto, or cause of action accrued. = How.=20 & Hutch. page 568, ch. 43, sec. 88 , L. 1822. Right or title of = entry is=20 barred after twenty years. Id. sec. 89, L. 1822. Fifty years actual = possession=20 uninterruptedly continued by occupancy, descent, conveyance or = otherwise, vests=20 a complete title in the occupier. Id. sec. 90, L. 1822. Real estate, = which may=20 have escheated to the state, must be claimed within two years next after = the=20 inquisition, or it will be sold. How. & Hutch. page 263, ch. 34, = sec. 84, L.=20 1822. If real estate escheat to the state and be sold, the moneys = arising from=20 such sale may be claimed within twelve years next from the day of such = sale; Id.=20 sec. 87, L. 1822; and moneys arising from sale of personal estate, = escheated,=20 may be claimed within six years next after the sale thereof. Ib. All = persons=20 claiming real estate escheated, either by descent or otherwise, must = appear and=20 traverse the office of inquest within twelve years from the date = thereof, and in=20 case of personal estate, within six years, or they will be forever = barred of=20 their claim. Id. sec. 88, L. 1822.

149. - 2. As to personal actions. 1st. On contracts. These are, 1. = Actions on=20 simple contracts must be commenced and sued within six years next after = the=20 cause of action accrued. Except such actions as concern the trade or=20 merchan-dise between merchant and merchant, their factors, agents and = servants=20 where there are mutual dealings and mutual credits. How. & Hutch. = page. 569,=20 ch. 43, sec. 91, L. 1822 How. Rep. 2, 786.

150. Actions founded upon any account for goods, wares or = merchandise, sold=20 and delivered, or for any articles charged in any store account, must be = commenced and sued within three years next after cause of action = accrued.=20 Post-dating any article in such account is highly penal. How. & = Hutch. page=20 570, ch. 43, sec. 98, L. 1822.

151. - 2. Actions on specialties must be commenced and sued within = sixteen=20 years next after cause of action accrued. How. & Hutch. page 569, = ch. 43,=20 sec. 95, L. 1822.

152. Judgments recovered in any court of record as well without as = within=20 this state, may be revived by scire facias, or an action of debt brought = thereon=20 within twenty years next after the date of such judgment. How. & = Hutch.=20 pages 570 and. 574, ch. 43, sec. 96 and 111, Laws 1822 and 1830. This = extends to=20 decrees of the chancery court. How. Rep. 4, 31.

153. - 3. Suits on bonds, or recognizances against sureties for = public=20 officers must be commenced and sued within five years next after cause = of action=20 accrued. Id. sec. 97, page 570, L. 1822.

154. - 2d. On torts. Actions for torts affecting the person must be = sued=20 within two years next after cause accrued. How. & Hutch. page 569, = ch. 43,=20 sec. 92, L. 1822. Actions of slander for words spoken or written must be = sued=20 within one year. Id. sec. 93, L. 1822; How. Rep. 2, 698. Actions of = trespass=20 quare clausum fregit; trespass; detinue; trover; replevin, for taking = away goods=20 and chattels, actions on the case, must be sued within six years next = after=20 cause of action accrued. Id. How. & Hutch. page 569, ch. 43, sec. = 91, L.=20 1822.

155. - 3. As to penal actions. Penal actions are limited to twelve = months=20 from the time of incurring the fine or forfeiture. (Persons absconding = or=20 fleeing from justic are excepted:) How. & Hutch 49, see. 19, L. = 1822.

156. - 4. As to crimes. Indictments, presentments or informations for = offences (crimes) must be found or exhibited within one year next after = the=20 offence committed, (except for wilful murder, arson, forgery, = counterfeiting and=20 larceny; as to which there is no limitation.) How. & Hutch. p. 668, = ch. 49;=20 sec. 19, L. 1822.

157. Missouri. 1. As to lands. That from henceforth no person or = persons=20 whatsoever shall make entry into any lands, tenements or hereditaments, = after=20 the expiration of twenty years next after his, her or their right or = title to=20 the same first descended or accrued; nor shall any person or persons = whatsoever=20 have or maintain any writ of right, or any other real or possessory writ = or=20 action for any lands, tenements, or hereditaments of the seisin or = possession of=20 him, her or them, his, her or their ancestors or predecessors, nor = declare or=20 allege any other seisin or possession of him, her or them, his, her or = their=20 ancestors or predecessors, than within twenty years next before such = writ,=20 action, or suit, so hereafter to be sued, commenced or brought. Act of = 1848.=20 Infants, femes covert, persons of unsound memory, imprisoned, beyond = seas, or=20 without the jurisdiction of the United States, may sustain such actions=20 commenced within twenty years after the disability has been removed.

158. - 2. As to personal actions. In all actions upon the case (other = than=20 for slander;) actions for accounts, (other than such accounts as concern = the=20 trade of merchandise between merchant and merchant, their factors and = servants;)=20 actions for debt, grounded upon any lending or contract without = specialty, or of=20 debt for arrearages of rent; and actions of trespass quare clausum = fregit, shall=20 be brought within five years after the cause of action shall accrue.

159. All actions upon accounts for goods, wares and merchandise sold = and=20 delivered, or for any article in any store account; all actions of = trespass vi=20 et armis, assault and battery, and imprisonment, shall be brought within = two=20 years after the cause of action shall accrue.

160. Actions on the case for words, one year after the words spoken; = and=20 writs of error shall be brought within five years after the judgment or = order of=20 complaint shall be rendered and not after. Act of July 4, 1807.

161. The plaintiff may within one year commence a new suit when a = former=20 judgment has been reversed, or the plaintiff has suffered a nonsuit.

162. - 3. As to criminal actions. Actions, suits, indictments, or=20 informations, (if the punishment be fine and imprisonment,) must be = brought=20 within two years after the offence has been committed, and not = after.

163. New Hampshire. 1. As to lands. No action can be maintained for = the=20 recovery of lands, unless upon a seisin within twenty years, except by = persons=20 under disability, that is, by those under twenty-one years of age, femes = covert,=20 non compos mentis, imprisoned, or without the limits of the United = States, who=20 may sue within five years after the disability has been removed.

164. - 2. As to personal actions. Actions in general are limited to = be=20 brought within six years after they have accrued; but actions of = trespass,=20 assault and battery, are limited to three years and actions of slander = to two.=20 Infants, femes covert, persons imprisoned, or beyond sea, without the = Iimits of=20 the United States, or non compos mentis, may bring an action within the = same=20 time, after the disability has been removed. When the defendant has left = the=20 state before the action accrued, and left no property there which could = have=20 been attached, then the whole time is allowed after his return.

165. New Jersey. 1. As to lands. By the act of June 5, 1787, it was=20 enacted,

166. - =A71. At the aforesaid date, that sixty years actual = possession of=20 lands, tenements or other real estate uninterruptedly continued by = occupancy,=20 descent, conveyance or otherwise, in whatever way or manner such = possession=20 might have commenced or been continued, shall vest a full and complete = right and=20 title in every actual possessor or occupier of such lands, tenements or = other=20 real estate, and shall be a good and sufficient bar to all claims that = may be=20 made or actions commenced, by any person or persons whatsoever for the = recovery=20 of such lands, &c.

167. - =A72. And that thirty years' actual possession of lands, = &c.=20 uninterruptedly continued as aforesaid, wherever such possession = commenced or is=20 founded upon a proprietory right duly laid thereon, and recorded in the = surveyor=20 general's office of the division in which such location was made, or in = the=20 secretary's office, agreeably to law; or, wherever such possession was = obtained=20 by a fair bona fide purchase of such land, &c. of any person in = possession,=20 and supposed to have a legal right and title thereto, or of the agent or = agents=20 of such person or persons, shall be a good and sufficient bar to all = prior=20 locations, rights, titles, conveyances or claims whatever, not followed = by=20 actual possession as aforesaid, and shall vest an absolute right and = title in=20 the actual possessor or occupier of all such lands, &c.

168. Provided, That if any person or persons having a right or title = to=20 lands, &c. shall, at the time of the said right or title first = descended or=20 accrued, be within twenty-one years of age, feme covert, non compos, = imprisoned,=20 or without the United States, then such person or persons, and his heir = or heirs=20 may, notwithstanding the aforesaid times are expired, be en-titled to = his or=20 their action for the same, so as such person or persons, or his or their = heirs,=20 commence or sue forth his or their actions within five years, after his = or their=20 full age, discoverture, coming of sound mind, enlargement out of prison, = or=20 coming within any of the United States, and at no other time.

169. And provided that any citizens of this, or any of the United = States, and=20 his or their heirs, having such right, &c. may, notwithstanding the=20 aforesaid times expired, commence his or their action for such lands, = &c.,=20 at any time within five years next after the passing of this act, and = not=20 afterwards.

170. By the act of February 7, 1799, s. 9, it is enacted, that no = person who=20 now hath, or hereafter may have, any right or title of entry, into = lands,=20 tenements or hereditaments, shall make entry therein, but within twenty = years=20 next after such right or title shall accrue, and such person shall be = barred=20 from any entry afterwards.

171. Provided, That the time during which the person who hath or = shall have=20 such right or title of entry shall have been under the age of twenty-one = years,=20 feme covert, or insane, shall not be computed as part of the said = limited period=20 of twenty years.

172. By section 10, of the same act, from and after the first day of = January,=20 1803, every real, possessory, ancestral, mixed or other action for any = lands,=20 tenements or hereditaments, shall be brought or instituted within twenty = years=20 next after the, right or title thereto or cause of such action shall = accrue, and=20 not after.

173. Provided, That the time during which the person who hath or = shall have=20 such right or title or cause of action, shall have been under the age of = twenty-one years, feme covert, or insane, shall not be computed as part = of the=20 said twenty years.

174. - Section 11. That if a mortgagee and those under him be in = possession,=20 of lands, &c. contained in the mortgage or any part thereof, for = twenty=20 years after default of payment, then the right or equity of redemption = therein,=20 shall be barred, forever.

175. - Section 13. That no person or persons, bodies politic or = corporate,=20 shall be sued or impleaded by the state of New Jersey, for any land, = &c. or=20 any rents, revenues, or profits thereof, but within twenty years after = the=20 right, title or cause of action to the same shall accrue and not = after.

176. - 2. As to personal actions. It is enacted that all actions of = trespass=20 quare clausum fregit; trespass; detinue; trover; replevin; debt, founded = on any=20 lending or contract without specialty, or for arrearages of rent due on = a parol=20 demise; of account, (except such actions as concern the trade of = merchandise=20 between merchant and merchant, their factors, agents and servants;) and = on the=20 case, (except actions for slander,) shall be commenced and sued within = six years=20 next after the cause of such actions shall have accrued, and not after. = That all=20 actions of trespass for assault, menace, battery, wounding and = imprisonment, or=20 any of them, shall be commenced and sued within four years next after = the cause=20 of such actions shall have accrued and not after. That every action upon = the=20 case for words, shall be commenced and sued within two years next after = the=20 words spoken, and not after. Persons within the age of twenty-one years, = femes=20 covert or insane, may institute such actions within such time as is = before=20 limited after his or her coming to or being of full age, discoverture, = or sane=20 memory,

177. The act of February 7, 1799, s. 6, provides that every action of = debt,=20 or covenant for rent, or arrearages of rent, founded upon lease under = seal; debt=20 on any bill or obligation for the payment of money only, or upon any = award,=20 under the hands and seals of arbitrators, for the payment of money only, = shall=20 be commenced and sued within sixteen years next after the cause of such = action=20 shall have accrued, and not after; but if any payment shall have been = made on=20 any such lease, specialty or award, within or after the said period of = sixteen=20 years, then an action, instituted on such lease, specialty or award, = within=20 sixteen years after such payment, shall be effectual in law, and not = after.=20 Provided, That the time during which the person, who is or shall be = entitled to=20 any of the actions specified in this section, shall have been within the = age of=20 twenty-one years, feme covert, or insane, shall not be taken or computed = as part=20 of the said limited period of sixteen years.

178. As to crimes. By the statute passed February 17,1829, Harr. = Comp. 243,=20 all indictments for offences punishable with death, (except murder,) = must be=20 found within three years, and all offences not punishable with death, = must be=20 brought within two years; except, as to both, where the offender = flies.

179. - 4. As to penal actions. By the statute of February 7, 1799, = Rev. Laws,=20 410, all popular and qui tam actions, and also all actions on penal = statutes by=20 the party grieved, must be brought within two years.

180. New York. The provisions limiting the time of commencing = actions, are=20 contained in the Revised Statutes, part 3, chapter 4, tit. 2, and are=20 substantially as follows:

181. - 1. As to lands. The people of this state will not sue or = implead any=20 person for, or in respect to any lands, tenements, or hereditaments, or = for the=20 issues or the profits thereof, by reason of any right or title of the = said=20 people to the same, unless, 1. Such right shall have accrued within = twenty years=20 before any suit, or other proceeding for the same shall have been = commenced; or=20 unless, 2. The said people or those from whom they claim, shall have = received=20 the rents and profits of such real estate, or some part thereof, within = the said=20 space of twenty years. Grantees of the state cannot recover, if the = state could=20 not; and when patents granted by the state are declared void for fraud, = a suit=20 may be brought at any time within twenty years thereafter.

182. No action for the recovery of any lands, tenements, or = hereditaments, or=20 for the recovery of the possession thereof, shall be maintained, unless = it=20 appear that the plaintiff, his ancestor, predecessor or grantor, was = seised or=20 possessed of the premises in question within twenty years before the=20 commencement of such action.

183. No avowry or cognizance of title of real estate, or to any rents = or=20 services, shall be valid, unless it appear that the person making the = avowry, or=20 the person in whose right the cognizance is made, or the ancestor, pre-=20 decessor, or grantor of such person, was seised or possessed of the = premises in=20 question, within twenty years before committing the act, in defence of = which the=20 avowry or cognizance is made.

184. No entry upon real estate shall be deemed sufficient or valid as = a=20 claim, unless an action be commenced thereupon within one year after the = making=20 of such entry, and within twenty years from the time when, the right of = making=20 such entry accrued.

185. All writs of scire facias upon fines, heretofore levied, of any = manors,=20 lands, tenements, or hereditaments, shall be sued out within twenty = years next=20 after the title or cause of action first descended or fallen, and not = after that=20 period.

186. If any person entitled to commence any action as above = specified, or to=20 make any entry, avowry, or cognizance, be at the time such title shall = first=20 descend or accrue, either, 1. Within the age of twenty-one years or, 2. = Insane;=20 or, 3. Imprisoned on any criminal charge or in execution upon some con- = viction=20 of a criminal offence for any term less than for life; or, 4. A married = woman;=20 the time during which such disability shall continue shall not be deemed = any=20 portion of the time above limited, for the commencement of such suit, or = the=20 making such entry, avowry, or cognizance; but such person may bring such = action,=20 or make such entry, avowry, or cognizance, after the said time so = limited, and=20 within ten years after such disability removed and not after. In case of = the=20 death of the person entitled to such action, &c., before any = determination=20 or judgment in the case, his heirs may institute the same within ten = years after=20 his death, but not after. Rev. Statutes, part 3, c. 4, tit. 2, article = 1.

187. The 68th section of the act "to simplify and abridge the = practice,=20 pleadings and proceedings of the courts of this state," (New York,) = passed the=20 12th of April 1848, known as the Code of Procedure, enacts that the = provisions=20 of the Revised Statutes, contained in the article entitled, "Of the time = of=20 commencing actions relating property," shall, until otherwise provided = by=20 statute, continue in force, and be applicable to actions for the = recovery of=20 real property.

188. - 2. Other actions than for the recovery of real property, and = actions=20 already commenced, or cases where the right of action has accrued, to = which the=20 statutes in force when the said act was passed shall be applicable, = according to=20 the subject of the action, and without regard to the form, must be = commenced=20 within the times as provided for in part 2, t. 2, c. 3 and 4, of the = code of=20 procedure in the following sections, namely:

=A770. Within twenty years:=20
1. An action upon a judgment or decree of any court of the United = States,=20 or of any state or territory within the United States. 2. An action = upon a=20 sealed instrument.

=A7 71. Within six years:

1. An action upon a contract, obligation or liability, express or = implied; excepting those mentioned in section seventy.

2. An action upon a liability created by statute, other than a = penalty or=20 forfeiture.

3. An action for trespass upon real property.

4. An action for taking, detaining or injuring any goods or = chattels,=20 including actions for the specific recovery of personal = property.

5. An action for criminal conversation, or for any other injury = to the=20 person or rights of another, not arising on contract, and not = hereinafter=20 enumerated.

6. An action for relief, on the ground of fraud; the cause of = action in=20 such case not to be deemed to have accrued, until the discovery by = the=20 aggrieved party, of the facts constituting the fraud.

=A772. Within three years:=20

1. An action against a sheriff or coroner, upon a liability = incurred by=20 the doing of an act in his official capacity, and in virtue of his = office,=20 or by the omission of an official duty; including the non-payment of = money=20 collected upon an execution. But this section shall not apply to an = action=20 for an escape.

2. An action upon a statue, for a penalty or forfeiture, where = the action=20 is given to the party aggrieved, or to such party and the people of = this=20 state, except where the statute imposing it prescribes a different=20 limitation.

=A773. Within two years:=20

1. An action for libel, slander, assault, battery, or false=20 imprisonment.

2. An action upon a statute, for a forfeiture or penalty to the = people of=20 this state.

=A774. Within one year:

1. An action against a sheriff or other officer, for the escape = of a=20 prisoner arrested, or imprisoned on civil process.

=A775. In an action brought to recover a balance due upon a mutual, = open and=20 current account, where there have been reciprocal demands between the = parties,=20 the cause of action shall be deemed to have accrued from the time of = the last=20 item in the account, on the adverse side.

=A776. An action upon a statute for a penalty or forfeiture, given = in whole=20 or in part to any person who will prosecute for the same, must be = commenced=20 with-in one year after the commission of the offence, and if the = action be not=20 commenced within the year, by a private party, it may be commenced = within two=20 years thereafter, in behalf of the people of this state, by the=20 attorney-general, or the district attorney of the county where the = offence was=20 committed.

=A777. An action for relief, not hereinbefore provided for, must be = commenced=20 within ten years after the cause of action shall have accrued.

=A778. The limitations prescribed in this title shall apply to = actions=20 brought in the name of the people of this state or for their benefit, = in the=20 same manner as to actions by private parties.

=A779. An action shall not be deemed commenced, within the meaning = of this=20 title, unless it appear:

1. That the summons or other process therein was duly served upon = the=20 defendants, or one of them; or

2. That the summons was delivered, with the intent that it should = be=20 actually served, to the sheriff of the county in which the = defendants, or=20 one of them, usually or last resided; or, if a corporation be = defendant, to=20 the sheriff of the county in which such corporation was established = by law,=20 or where its general business was transacted, or where it kept an = office for=20 the transaction of business.

=A7 80. If, when the cause of action shall = accrue against a=20 person, he be out of the state, the action may be commenced within the = term=20 herein limited, after his return to the state; and if, after the cause = of=20 action shall have accrued, he depart from and reside out of the state, = the=20 time of his absence shall not be part of the time limited for the = commencement=20 of the action.=20
=A781. If a person entitled to bring an action, except for a = penalty or=20 forfeiture, or against a sheriff or other officer for an escape be at = the time=20 the cause of action accrued, either:

1. Within the age of twenty-one years; or,

2. Insane; or,

3. Imprisoned on a criminal charge, or in execution under the = sentence of=20 a criminal court, for a term less than his natural life; or,

4. A married woman: The time of such disability shall not be part = of the=20 time limited for the commencement of the action.

=A782. If a person entitled to bring an action, = die before=20 the expiration of the time limited for the commencement thereof, and = the cause=20 of action survive, his representatives may commence the action, after = the=20 expiration of that time, and within one year from his death.=20
=A783. When a person shall be an alien, subject or citizen of a = country at=20 war with the United States, the time of the continuance of the war = shall not=20 be part of the period limited for the commencement of the action.

=A784. If an action shall be commenced within the time prescribed = therefor,=20 and a judgment therein for the plaintiff be reversed, on appeal, the=20 plain-tiff, or if be die and the cause of action survive, his heirs or = representatives may commence a new action within one year after the=20 reversal.

=A785. When the commencement of an action shall be stayed by = injunction, the=20 time of the continuance of the injunction shall not be part of the = time=20 limited for the commencement of the action.

=A786. No person shall avail himself of a disability, unless it = existed when=20 his right of action accrued.

=A787. When two or more disabilities shall exist, the limitation = shall not=20 attach until they all be removed.

=A788. This title shall not affect actions to enforce the payment = of bills,=20 notes, or other evidences of debt issued by moneyed corporations, or = issued or=20 put in circulation as money.

=A789. This title shall not affect actions against directors or = stockholders=20 of a moneyed corporation, to recover a penalty or forfeiture imposed, = or to=20 enforce a liability created by the second title of the chapter of the = Revised=20 Statutes, entitled "Of Incorporations;" but such actions must be = brought=20 within six years after the discovery, by the aggrieved party, of the = facts=20 upon which the penalty or forfeiture attached, or the liability was=20 created.

=A790. Where the time for commencing an action arising on contract = shall have=20 expired, the cause of action shall not be deemed revived by an = acknowledgment=20 or new promise, unless the same be in writing, subscribed by the party = to be=20 charged thereby.

189. North Carolina. By the Revised Statutes, chapter 65, it is = provided as=20 follows, to wit:

190. 1. As to lands. 1. That no person or persons nor their heirs, = which=20 hereafter shall have any right or title to any lands, tenements, or=20 hereditaments, shall thereunto enter or make any claim, but within seven = years=20 next after his, her, or their right or title descended or accrued, and = in=20 default thereof, such person or persons, so not entering or making = claim, shall=20 be utterly excluded and disabled from any entry or claim thereafter to = be made:=20 Provided, nevertheless, that if any person or persons, that is or = hereafter=20 shall be entitled to any right or claim of lands, tenements or = hereditaments,=20 shall be, at the time the said right or title first descended, accrued, = come or=20 fallen, within the age of twenty-one years, feme covert, non compos = mentis,=20 imprisoned or beyond seas, that then such person or persons shall and = may,=20 notwithstanding the said seven years be expired, commence his, her or = their=20 suit, or make his, her, or their entry, as he, she, or they might have = done=20 before this act, so as such person or persons shall, within three years = next=20 after full age, discoverture, coming of sound mind, enlargement out of = prison,=20 or persons beyond seas, within eight years after the title or claim = becomes due,=20 take benefit and sue for the same, and at no time after the times or = limitations=20 herein specified; but that all possessions, held without suing such = claim as=20 aforesaid, shall be a perpetual bar against all, and all manner of = persons=20 whatsoever, that the expectation of heirs may not, in a short time, = leave much=20 land unpossessed, and titles so perplexed, that no man will know of whom = to take=20 or buy land. Provided also, that if in any action of ejectment for the = recovery=20 of any lands, tenements or hereditaments, judgment be given for the = plaintiff,=20 and the same be reversed for error, or a verdict pass for the plaintiff, = and,=20 upon matter alleged in arrest of judgment, the judgment be given against = the=20 plaintiff that he take nothing by his plaint, writ or bill, or a verdict = be=20 given against the plaintiff, in all such cases the party plaintiff, his = heirs or=20 executors, as the case shall require, may commence a new action or suit = from=20 time to time, within one year after such judgment reversed, or judgment = given=20 against the plaintiff.

191. - =A72. Where any person or persons, or the person or persons = under whom=20 he, she, or they claim, shall have been, or shall continue to be, in = possession=20 of any lands, tenements or hereditaments whatsoever, under titles = derived from=20 sales, made either by creditors, executors or administrators of any = person=20 deceased, or by husbands and their wives, or by endorsement of patents = or other=20 colorable title, for the space of twenty-one years, all such possessions = of=20 lands, tenements or, hereditaments, under such title, shall be and are = hereby=20 ratified, confirmed and declared to be a good and legal bar, against the = entry=20 of any person or persons, under the right or claim of the state, to all = intents=20 and purposes whatsoever; Provided, nevertheless, that the possession so = set up=20 shall have been ascertained and identified under known and visible lines = or=20 boundaries.

192. - 2. As to personal actions. =A73. All actions of trespass, = detinue,=20 actions sur trover and replevin for taking away of goods and chattels, = all=20 actions of account and upon the case, all actions of debt for arrearages = of=20 rent, all actions of debt grounded upon any lending or contract without=20 specialty, and all actions of assault, menace, battery, wounding, and=20 imprisonment, or any of tbem, which shall be sued or brought, shall be = commenced=20 or brought within the time and limitation in this act expressed, and not = after;=20 that is to say, actions of account render, actions upon the case, ac- = tions of=20 debt for arrearages of rent, actions of debt upon simple contract, = actions of=20 detinue, replevin, and trespass either for goods and chattels or quare = clausum=20 fregit, within three years next after the cause of such action or suit, = and not=20 after; except such accounts as concern the trade of merchandise, between = merchant and merchant, and their factors, or servants; and the said = actions of=20 trespass, of assault and battery, wounding, imprisonment, or any of = them, within=20 one year after the cause of such action or suit, and not after; and the = said=20 actions upon the case for words, within six months after the words = spoken, and=20 not after.

193. - =A74. Provided, nevertheless, that if, on any of the said = actions or=20 suits, judgment be given for the plaintiff, and the same be reversed by = error,=20 or a verdict pass for the plaintiff, and upon matter alleged in arrest = of=20 judgment, the judgment be given against the plaintiff, that he take = nothing by=20 his plaint, writ or bill; or if any of the said actions shall be brought = by=20 original writ, and the defendant cannot be attached or legally served = with=20 process, in all such cases, the party plaintiff, his heirs, executors or = administrators, as the case shall require, may commence a new action or = suit,=20 from time to time, within a year after such judgment reversed, or such = judgment=20 given against the plaintiff, or till the defendant can be attached or = served=20 with the process, so as to compel him to appear and answer. And provided = further, that if any person or persons, that is or shall be entitled to = any such=20 action or trespass, detinue, action sur trover, replevin, actions of = accompt and=20 upon the case, actions of debt for arrearages of rent, actions of debt = grounded=20 upon any lending or contract without specialty, actions of assault, = menace,=20 battery, wounding, and imprisonment, actions of trespass quare clausum = fregit,=20 actions upon the case for slanderous words, be, or shall be, at the time = of any=20 such cause of action given or accrued, fallen or come, within the age of = twenty-one years, feme covert, non compos mentis, imprisoned or beyond = the seas,=20 then such person or persons shall be at liberty to bring the same = actions, so as=20 they bring the same within such times as are before limited, after their = coming=20 to or being of full age, discovert, of sound memory, at large or = returned from=20 beyond seas, as other persons having no such impediment might have done. = And=20 provided further, that when any person or persons, against whom there is = cause=20 of action, shall be beyond sea at the time of such cause of action given = or=20 accrued, fallen or come, the person, who shall have such cause of = action, may=20 bring his action against them within such time or times as are = hereinbefore=20 limited, for bringing such actions after their return.

194. - =A75. The limitation of actions shall apply to all bonds, = bills, and=20 other securities made transferable by law, after the assignment or = endorsement=20 thereof, in the same manner as it operates against promissory notes.

195. - 3. As to penal Actions. =A76. All actions and suits to be = brought on any=20 penal act of the general assembly, for the recovery of the penalty = therein set=20 forth, shall be brought within three years after the cause of such = action or=20 suit shall or may have accrued, and not after: Provided, that this act = shall not=20 affect the time of bringing suit on any penal act of the general = assembly, which=20 hath a time limited therein for bringing the same.

196. Ohio. 1. As to lands. Twenty-one years adverse possession of = lands=20 operates a bar, with a saving in favor of infants, femes covert, persons = insane,=20 imprisoned or beyond the sea, when the right of action accrues. And if a = person=20 shall have left the state, and remain out of the same at the time the = cause of=20 action accrued; or shall have left the state or county at any time = during the=20 period of limitation, (that is, after the right of action has accrued,) = and=20 remain out of the same in a place unknown to the person having the right = of=20 action, suit may be brought at any time within the period of limitation, = after=20 the return of such person to the state or county.

197. - 2. As to personal actions. 1st. Actions upon the case, = covenant and=20 debt founded upon a specialty, or any agreement, contract or promise in = writing,=20 may be brought within fifteen years after the cause of action shall have = accrued.

198. - 2d. Actions upon the case and debt founded upon any simple = contract,=20 not in writing, and actions on the case for consequential damages, = within six=20 years.

199. - 3d. Actions of trespass upon property, real or personal, = detinue,=20 trover and replevin, within four years.

200. - 4th. Actions of trespass for any injury done to the person, = actions of=20 slander for words spoken, or for a libel, actions for malicious = prosecution, and=20 for false imprisonment; actions against officers for malfeasance or = nonfeasance=20 in office, and actions of debt qui tam, within one year.

201. - 5th. Actions for forcible entry and detainer, or forcible = detainer=20 only, within two years.

202. - 6th. All other actions within four years; and all penalties = and=20 forfeitures given by statute and limited by the statute, within the = times so=20 limited.

203. - 7th. Infants, femes covert, persons insane or imprisoned, = entitled to=20 an action of ejectment, may, after the twenty-one years have elapsed, = bring=20 their actions within ten years after such disability removed. They may = bring all=20 other actions, within the respective times Iimited for bringing such = actions,=20 after the disability removed.

204. - 8th. Actions, founded on contracts between persons resident at = the=20 time of the contract without this state, which are barred by the laws of = the=20 country where the contract was made, are barred in the courts of this = state.

205. - 9th. In all actions on contracts express or implied, in case = of=20 payment of an part, principal or interest, acknowledgment of an existing = liability, debt or claim, or any promise to pay the same, within the = time herein=20 limited, the action may be commenced within the time limited after such = payment,=20 acknowledgment or promise.

206. - 10th. If judgment be arrested or reversed, the suit abate or = the=20 plaintiff become nonsuit, and the time limited shall have expired, the=20 plain-tiff may bring a new action within one year after such arrest, = reversal,=20 abatement or nonsuit.

207. - 11th. A person who has left the state, or resides out of it, = or whose=20 place of residence is unknown although in the state, at the time the = cause of=20 action accrues, may be sued within the time limited by the act, after = his return=20 or to removal the state, or his place of residence, if in the state, = becomes=20 known. O. Stat. vol. 29, 214; Act of Feb. 18, 1831. Took effect, June 1, = 1831.=20 Swan's Col. Laws, 553, 4, 5, 6.

208. This act only operates upon causes of action accruing after the = act took=20 effect, and all causes of action previously subsisting are governed by = the=20 statutes (and there have been several) in force when the respective = causes of=20 action accrued, none of the statutes being retrospective in their = operation. 7=20 O. R. p. 2, 235, West's Adm'r. v. Hymer; Id. 153, Hazlett et al. = v.Critchfield=20 et al.; 6 Id. 96, Bigelow's Ex'r. v. Bigelow's Adm'r.

209. - 3. As to penal actions. Prosecutions for any forfeitures under = a penal=20 statute, must be instituted within two years, unless otherwise specially = provided for.

210. Pennsylvania. 1. As to lands. From henceforth no person or = persons=20 whatsoever, shall make entry into any manors, lands, tenements or = hereditaments,=20 after the expiration of twenty-one years next after his, her or their = right or=20 title to the same first descended or accrued; nor shall any person or = persons=20 whatsoever have or maintain any writ of right, or any other real or = possessory=20 writ or action, for any manor, lands, tenements or hereditaments, of the = seisin=20 or possession of him, her or themselves, his, her, or their ancestors, = or=20 predecessors, nor declare or allege any other seisin or possession of = him, her=20 or themselves, his, her or their ancestors or predecessors, than within=20 twenty-one years next before such writ, action, or suit so hereafter to = be sued,=20 commenced or brought. Act of March 26, 1785, s. 2, 2 Smith's Laws Pa. = 299.

211. Section 4, provides, that if any person or persons having such = right or=20 title be, or shall be at the time such right or title first descended or = accrued, within the age of twenty-one years, feme covert, non compos = mentis,=20 imprisoned or beyond the seas, or from and without the United States of = America,=20 then such person or persons, and the heir or heirs of such person or = persons,=20 shall and may, notwithstanding the said twenty-one years be expired, = bring his=20 or their action, or make his or their entry, as he, she or, they might = have=20 done, before the passing of this act, so as such person or persons, or = the heir=20 or heirs of such person or persons, shall within ten years next after = attaining=20 full age, discoverture, soundness of mind, enlargement out of prison, or = coming=20 into the said United States, take benefit of or sue for the same, and no = time=20 after the said ten years; and in case such person or persons shall die = within=20 the said term of ten years, under any of the disbilities aforesaid, the = heir or=20 heirs of such person or persons shall have the same benefit, that such = person or=20 persons could or might have had; by living until the disabilities = should, have=20 ceased or been removed; and if any abatement happen in any proceeding or = proceedings upon such right or title, such proceeding or proceedings may = be=20 renewed and continued, within three years from the time of such = abatement, but=20 not afterward.

212. By the act of March 11, 1815, the provision above contained, so = far as=20 the same relates to persons beyond the seas, and from and without the = United=20 States of America, is repealed.

213. - 2. As to personal actions. All actions of trespass quare = clausum=20 fregit, all actions of detinue, trover and replevin, for taking away = goods and=20 cattle, all actions upon account, and upon the case, (other than such = accounts=20 as concern the trade of merchandise between merchant and merchant, their = factors=20 or servants,) all actions of debt, grounded upon any lending or con- = tract=20 without specialty, all actions of debt for arrearages of rent, except = the=20 proprietaries' quit rents, and all actions of trespass, of assault, = menace,=20 battery, wounding and imprisonment, or any of them, which shall be sued = or=20 brought at any time after the five and twentieth day of April, which = shall be in=20 the year of our Lord one thousand seven hundred and thirteen, shall be = commenced=20 and sued within the time and limitation hereafter expressed, and not = after; that=20 is to say, the said actions upon the case, other than for slander, and = the said=20 actions for account, and the said actions for trespass, debt, detinue, = and=20 replevin for goods or chattels, and the said actions of trespass quare = clausum=20 fregit, within six years next after the cause of such actions or suit, = and not=20 after. And the said actions of trespass, of assault, menace, battery, = wounding,=20 imprisonment, or any of them, within two years next after the cause of = such=20 actions or suit, and not after. And the said actions upon the case for = words,=20 within one year next after the words spoken, and not after. Act. of = March 27,=20 1713, s. 1.

214. If in any of the said actions or suits, judgment be given for = the=20 plaintiff and the same be reversed by error, or a verdict passed for the = plaintiff, and upon matter alleged in arrest of judgment, the judgment = be given=20 against the plaintiff, that he take nothing by his plaint, writ or bill, = then=20 and in every such case, the party plaintiff, his heirs, executors, or=20 administrators, as the case may require, may commence a new action or = suit, from=20 time to time, within a year after such judgment reversed, or given = against the=20 plaintiff, as aforesaid, and not after. Id. s. 2.

215. In all actions upon the cause, for slanderous words, to be sued = or=20 prosecuted by any person or persons, in any court within this province, = after=20 the said twenty-fifth day of April next, if the jury upon trial of the = issue in=20 such action, or the jury that shall inquire of the damages, do find or = assess=20 the damages under forty shillings, then the plaintiff or plaintiffs in = such=20 action shall have and recover only so much costs as the damages so given = or=20 assessed do amount unto without any further increase of the same. Id. s. = 4.

216. Provided nevertheless, that if any person or persons who is or = shall be=20 entitled to any such action or trespass, detinue, trover, replevin, = actions of=20 account, debt, actions for trespass, for assault, menace, battery, = wounding or=20 imprisonment, actions upon the case for words, be, or, at the time of = any cause=20 of such action given or accrued, fallen, or come, shall be within the = age of=20 twenty-one years, feme covert, non compos mentis, imprisoned or beyond = the sea,=20 that then such person or persons shall be at liberty to bring the same = actions,=20 so as they take the same within such times as are hereby before limited, = after=20 their coming to or being of full age, discoverture, of sound memory, at = large,=20 or returning into this province as other persons. id. s. 5.

217.-3. As to penal actions. All actions, suits, bills, indictments = or=20 information, which shall be brought for any forfeiture upon any penal = act of=20 assembly made or to be made, whereby the forfeiture is or shall be = limited to=20 the commonwealth only, shall hereafter be brought within two years after = the=20 offence was committed, and at no time afterwards, and all actions, = suits, bills,=20 or informations which shall be brought for any forfeiture upon any penal = act of=20 assembly made or to be made, the benefit and suit whereof is or shall be = by the=20 said act limited to the commonwealth, and to any person or persons that = shall=20 prosecute in that behalf, shall be brought by any person or persons that = may=20 lawfully sue for the same, within one year next after the offence was = committed;=20 and in default of such pursuit, then the same shall be brought for the=20 commonwealth, any time within one year after that year ended; and if any = action,=20 suit, bill, indictment or information shall be brought after the time so = Iimited, the same shall be void, and where a shorter time is limited by = any act=20 of assembly, the prosecution shall be within that time. Act of March 26, = 1785,=20 s. 6.

218. Rhode Island. 1. As to lands. It is enacted that where any = person or=20 persons, or others from whom he or they derive their titles, either by=20 themselves, tenants or lessees, shall have been for the space of twenty = years,=20 in the uninterrupted, quiet, peaceable and actual seisin and possession = of any=20 lands, tenements or hereditaments in the, state, during the said time, = claiming=20 the same as his, her or their proper, sole and rightful estate in fee = simple,=20 such actual seisin and possession shall be allowed to give and make a = good and=20 rightful title to such person or persons, their heirs and assigns, = forever;=20 saving and excepting however, the rights and claims of persons under = age, non=20 compos mentis, feme covert, and persons imprisoned, or beyond seas, they = bringing their suits for the recovery of such lands, &c., within the = space=20 of ten years next after the removal of such impediment saving also, the = rights=20 and claims of any person or persons, having any estate in reversion or=20 remainder, expectant or dependent on any lands, &c., after the = determination=20 of the estate for years, life, &c.; such person or persons pursuing = his or=20 their title by due course of law, within ten years after his or their = right of=20 action shall accrue.

219. - 2, As to personal actions. It provides that all actions upon = the case,=20 (except actions for slander,) all actions of account, (except such as = concern=20 trade and merchandise between merchant and merchant, their actors or = servants,)=20 all actions of detinue, replevin and trover, all actions of debt founded = upon=20 any contract without specialty, and all actions of debt for arrearages = of rents,=20 must be commenced within six years next after the accruing of the cause = of said=20 actions, and not after. That all actions of trespass for breaking = enclosures,=20 and all other actions of trespass for any assault, battery, wounding and = imprisonment, must be commenced within four years next after the = accruing of=20 such cause of action, and not after. And that actions upon the case for = words=20 spoken, must be commenced within two years next after the words spoken, = and not=20 after. If the person against whom there is any such cause of action, at = the time=20 the same accrued, was without the limits of the state, and did not leave = property or estate therein, that could, by common and ordinary process = of law be=20 attached, in that case, the person who is entitled to such action, may = commence=20 the same, within the respective periods limited in the preceding clause, = after=20 such person's return into the state. If a person, entitled to any of the = before=20 described actions, is at the time any such cause of action accrues, = within the=20 age of twenty-one, feme covert, non compos mentis, imprisoned, or beyond = sea,=20 such person may commence the same within the times respectively, limited = as=20 above, after being of full age, discovert, of sane memory, at large, or = returned=20 from beyond sea.

220. - South Carolina. 1. As to lands. By the act of 1712, s. 2, it = is=20 enacted, that if any person or persons to whom any right or title to = lands,=20 tenements or hereditaments within this province, shall hereafter descend = or=20 come, do not prosecute the same within five years after such right or = title=20 accrued, that then he or they, and all claiming under him or them, shall = be=20 forever barred to recover the same.

221. By section 5, that not only the persons who have not made claim = within=20 the time limited shall be barred, but also all persons that shall come = under=20 such as have lost their claim.

222. And by section 2, that any person or persons beyond the seas, or = out of=20 the limits of this province, feme covert, or imprisoned, shall be = allowed the=20 space of seven years to prosecute their right or title, or claim to any = lands,=20 tenements, or hereditaments in this province, after such right and title = accrued=20 to them or any of them, and at no time after the said seven years; and = also, any=20 person or persons that are under the age of twenty-one years, shall be = allowed=20 to prosecute their claims at any time within two years after they come = of age,=20 and if beyond the seas, three years." But a subsequent act, in 1778; = Pub. L.=20 455, s. 2; as to persons under twenty-one, allows five years to = prosecute their=20 right to lands, after coming to twenty-one.

223. - 2. As to personal actions. By the act of 1712, s. 6, actions = of=20 account, and upon the case, (other than case for slander, and upon such = accounts=20 as concern the trade of merchandise between merchant and merchant, their = factors=20 or servants;) of debt grounded upon any lending or contract without = specialty,=20 or for arrearages of rent reserved by indenture; of covenant; of = trespass, and=20 trespass quare clausum fregit; of detinue, and of replevin for taking = away of=20 goods and chattels; must be commenced within four years next after the = cause of=20 such action or suits, and not after. Actions of trespass, of assault and = battery, wounding, imprisonment, or any of them, within one year next = after the=20 cause of action; and actions on the case for words, within six months = next after=20 the words spoken, and not after.

224. There are various minute provisions in the savings, in favor of = persons=20 under age, insane, beyond seas, imprisoned, and of femes covert.

225. When the defendant is beyond seas at the time any personal = action=20 accrues, the plaintiff may sue, after his return, within such times as = is=20 limited for bringing such action. Act of 1712, s. 6.

226. Tennessee. 1. As to lands. The act of Nov. 16, 1819, c. 28, 2 = Scott,=20 482, enacts in substance: =A7l. That any persons, their heirs or = assigns, who=20 shall, at the passing of the act, or at any time after, have had seven = years=20 possession of any lands, tenements, or hereditaments, which have been = granted by=20 this state, or the state of North Carolina, holding or claiming the same = under a=20 deed or deeds of conveyance, devise, grant, or other assurance, = purporting to=20 convey an estate in fee simple, and no claim by suit in law or equity=20 effectually prosecuted shall have been set up, or made to said land, = &c.,=20 within the aforesaid time, in that case, the persons, or their heirs or = assigns,=20 so holding possession, shall be entitled to keep and hold in possession, = such=20 quantity of land as shall be specified and described in his or their = deed, of=20 conveyance, devise, grant, or other assurance, as aforesaid, in = preference to=20 and against all and all manner of persons whatsoever; and any persons or = their=20 heirs, who shall neglect or have neglected, for the said term of seven = years, to=20 avail themselves of any title legal or equitable which they may have had = to any=20 lands, &c., by suit in law or equity, effectually prosecuted against = the=20 persons in possession, shall be for ever barred; and the persons so = holding,=20 their heirs. or assigns, for the term aforesaid, shall have an = indefeasible=20 title in fee simple to such lands. See 3 Am. Jur. 255.

227. - =A72. That no persons, or their heirs, shall maintain any = action in law=20 or equity for any lands, &c., but within seven years next after his, = her, or=20 their right to commence, have, or maintain such suit, shall have come, = fallen,=20 or accrued; and that all suits in law or equity shall be commenced and = sued=20 within seven years next after the title or cause of action accrued or = fallen,=20 and at no time after the said seven years shall have passed.

228. Persons who, when title first accrued, were within twenty-one = years of=20 age, femes covert, non compos mentis, imprisoned, or beyond the limits = of the=20 United States, or the territories thereof, may bring their action at any = time,=20 so as such suit is commenced within three years next after his, her, or = their=20 respective disabilities or death, and not after; and it is further = provided,=20 that in the construction of the savings, no cumulative disability shall = prevent=20 the bar.

229. - =A73. That if, in any of the said actions or suits, judgment = is given=20 for the plaintiff and is reversed for error, or verdict pass for the = plain-tiff,=20 and upon matter alleged in arrest of judgment, the judgment be given = against the=20 plaintiff, that he take nothing, &c.; or, if the action be commenced = by=20 original writ, and the defendant cannot be legally attached, or served = with=20 process, in such case the plaintiff, his heirs, executors, or = administrators, as=20 the case is, may commence a new action, from time to time, within a year = after=20 such judgment reversed or given against the plaintiff, or until the = defendant=20 can be attached, or served with process, so as to compel him, her, or = them to=20 appear and answer.

230. - =A74. Provided, that this act shall have no bearing on the = lands=20 reserved for the use of schools.

231. - 2. As to personal actions. Actions of account render; upon the = case;=20 debt for arrearages of rent; detinue; replevin; and trespass quare = clausum=20 fregit; must be brought within three years next after the cause of such = action,=20 and not after: except such accounts as concern the trade of mer- = chandise,=20 between merchant and merchant, and their factors or servants. Actions of = trespass, assault and battery, wounding, and imprisonment, or any of = them,=20 within one year after the cause of such action, and not after: and = actions of=20 the case for words, within six months after the words spoken, and not = after. Act=20 of 1715, c. 27, s. 5. Persons who, at the time the cause of action = accrued, are=20 within the age of twenty-one years, femes covert, non compos mentis, = imprisoned,=20 or beyond seas, may bring their actions within the time above limited, = after the=20 removal of the disability.. Id. s. 9.

232. The act of 1756, c. 4, 1 Scott, 89, contains the following = enactment: 1.=20 Where the plaintiff founds his demand upon a book account for goods, = wares, and=20 merchandise, sold and delivered, or work done, and solely relies for = proof of=20 delivery of the articles upon his oath, such oath shall not be admitted = to prove=20 the delivery of any articles in the book, of longer standing than two = years.

233. - 2. And no such book of accounts, although proved by witnesses, = shall=20 be received in evidence for goods, &c., sold, or work done, above = five years=20 before action brought, except of persons being out of the government, or = where=20 the account shall be settled and signed by the parties.

234. - 3. Creditors of any deceased person, residing in the state, = shall,=20 within two years, and out of the state, within three years, from the=20 qualifi-cation of the executors or administrators, make demand of their=20 respective accounts, debts, and demands, of every kind whatsoever, to = such=20 executors, and administrators, and on failure to make the demand, and = bring suit=20 within those times, shall be for ever barred; saving to infants, non = compotes,=20 and femes covert, one year to sue, after the disability removed. But if = any=20 creditor, after making demand of his debt, &c., of the executor or=20 administrator, shall delay his suit at their special request, then the = demand=20 shall not be barred during the time of indulgence.

235. Vermont. 1. Criminal cases. Sect. 1. All actions, suits, bills,=20 complaints, informations, or indictments, for any crime or misdemeanor, = other=20 than theft, robbery, burglary, forgery, arson, and murder, shall be = brought,=20 had, commenced, or prosecuted within three years next after the offence = was=20 committed, and not after.

236. - Sect. 2. All complaints and prosecutions for theft, robbery, = burglary=20 and forgery, shall be commenced and prosecuted within six years next = after the=20 commission of the offence, and not after.

237. - Sect. 3. If any action, suit, bill, complaint, information, or = indictment, for any crime or misdemeanor, other than arson and murder, = shall be=20 brought, had, commenced, or prosecuted, after the time limited by the = two=20 preceding sections, such proceedings shall be void, and of no = effect.

238. - Sect. 4. All actions and suits, upon any statute, for any = penalty or=20 forfeiture, given in whole or in part to any person who will prosecute = for the=20 same, shall be commenced within one year after the offence was = committed, and=20 not after.

239. - Sect. 5. If the penalty is given in whole or in part to the = state, or=20 to any county or town, or to the treasury thereof, a suit therefor may = be=20 commenced by or in behalf of the state, county, town or treasury, at any = time=20 within two years after the offence was committed, and not = afterwards,

240. - Sect. 6. All actions upon any statute, for any penalty or = forfeiture,=20 given in whole or in part to the party aggrieved, shall be commenced = within four=20 years after the offence was committed, and not after.

241. - Sect. 7. The six preceding sections shall not apply to any = bill,=20 complaint, information, indictment or action, which is or shall be = limited by=20 any statute, to be brought, had, commenced or prosecuted within a = shorter or=20 longer time than is prescribed in these six sections; but such bill, = complaint,=20 information, indictment or other suit, shall be brought and prosecuted = within=20 the time that may be limited by such statute.

242. - Sect. 8. When any bill, complaint, information or indictment = shall be=20 exhibited in any of the cases mentioned in this chapter, the clerk of = the court,=20 or magistrate, to whom it shall be exhibited, shall, at the time of = exhibiting,=20 make a minute thereon, in writing, under his official signature, of the = true=20 day, month and year, when the same was exhibited.

243. - Sect. 9. When any action shall be commenced, in any of the = cases men-=20 tioned in this chapter, the clerk or magistrate, signing the writ, shall = enter=20 upon it a true minute of the day, month and year, when the same was = signed.

244. - Sect. 10. Every bill, complaint, information, indictment or = writ, on=20 which a minute of the day, month and year, shall not be made, as = provided by the=20 two preceding sections, shall, on motion, be dismissed.

245. - Sect. 11. None of the provisions of this chapter shall apply = to suits=20 against moneyed corporations, or against the directors or stockholders = thereon=20 to recover any penalty or forfeiture imposed, or to enforce any = liability=20 created by the act of incorporation or any other law; but all such suits = shall=20 be brought within six years after the discovery, by the aggrieved party, = of the=20 facts upon which such penalty or forfeiture attached, or by which such = liability=20 was created.

246. - 2. Real and personal actions and rights of entry. Sec. 1. No = action=20 for the recovery of any lands, or for the recovery of the possession = thereof,=20 shall be maintained, unless such action is commenced within fifteen = years next=20 after the cause of action first accrued to the plaintiff, or those under = whom he=20 claims.

247. - Sect. 2. No person having right or title of entry into houses = or=20 lands, shall tbereinto enter, but within fifteen years next after such = right of=20 entry shall accrue.

248. - Sect. 3. The right of any person to the possession of any real = estate=20 shall not be impaired or affected, by a descent being hereafter cast in=20 consequence of the death of any person in possession of such estate.

249. - Sect. 4. The first two sections of this chapter, so far as = they relate=20 to or affect lands granted, given, sequestered or appropriated to any = public,=20 pious or charitable use, shall take effect from and after the first day = of=20 January, in the year of our Lord eighteen hundred and forty-two, and, = until that=20 day, the laws now in force relating to such lands, shall continue in=20 operation.

250 . - Sect. 5. The following actions shall be commenced within six = years=20 next after the cause of action accrued, and not after:

First. All actions of debt founded upon any contract, obligation or = liabili-ty, not under seal, excepting such as are brought upon the = judgment or=20 decree of some court of record of the United States, or of this or = some other=20 state:

Second. All actions upon judgments rendered in any court not being = a court=20 of record:

Third. All actions of debt for arrearages of rent:

Fourth. All actions of account, assumpsit or on the case, founded = on any=20 contract or liability, express or implied:

Fifth. All actions of trespass upon land:

Sixth. All actions of replevin, and all other actions for taking, = detaining=20 or injuring goods or chattels:

Seventh. All other actions on the case, except actions for = slanderous=20 words, and for libels.

251. Sect. 6. All actions for assault and battery, and for false=20 imprisonment, shall be commenced within three years next after the cause = of=20 action shall accrue, and not afterwards.

252. - Sect. 7. All actions for slanderous words, and for libels, = shall be=20 commenced within two years next after the cause of action shall accrue, = and not=20 after.

253. - Sect. 8. All actions against sheriffs, for the misconduct or=20 negligence of their deputies, shall be commenced within four years next = after=20 the cause of action shall accrue, and not afterwards.

254.-Sect. 9. None of the foregoing provisions shall apply to any = action=20 brought upon a promissory note, which is signed in the presence of an = attesting=20 witness but the action, in such case, shall be commenced within fourteen = years=20 next after the cause of action shall accrue thereon, and not after- = wards.

255. - Sect. 10. All actions of debt or scire facias on judgment = shall be=20 brought within eight years, next after the rendition of such judgment, = and all=20 actions of debt on specialties within eight years after the cause of = action=20 accrued, and not afterwards.

256. - Sect. 11. All actions of covenant, other than the covenants of = warranty, and seisin, contained in deeds of conveyance of lands, shall = be=20 brought within eight years next after the cause of action shall accrue, = and not=20 after.

257. - Sect. 12. All actions of covenant, brought on any covenant of = warranty=20 contained in any deed of conveyance of land, shall be brought within = eight years=20 next after there shall have been a final decision against the title of = the=20 covenantor in such deed; and all actions of covenant brought on any = covenant of=20 seisin, contained in any such deed, shall be brought within fifteen = years next=20 after the cause of action shall accrue, and not after.

258.-Sect. 13. When any person shall be disabled to prosecute an = action in=20 the courts of this state, by reason of his being an alien, subject or = citizen of=20 any country at war with the United States, the time of the continuance = of such=20 war shall not be deemed any part of the respective periods herein = limited for=20 the commencement of any of the actions before mentioned.

259. - Sect. 14. If, at the time when any cause of action of a = personal=20 nature, mentioned in this chapter, shall accrue against any person, he = shall be=20 out of the state, the action may be commenced, within the time herein = Iimited=20 therefor, after such person shall come into the state; and if, after any = cause=20 of action shall have accrued, and before the statute has run, the person = against=20 whom it has accrued, shall be absent from and reside out of the state, = and shall=20 not have, known property within this state, which could, by the common = and=20 ordinary process of law, be attached, the time of his absence shall not = be taken=20 as any part of the time limited for the commencement of the action.

260. - Sect. 15. If any person, entitled to bring any of the actions, = before=20 mentioned in this chapter, or liable to any such acion, shall die before = the=20 expiration of the time herein limited therefor, or within thirty days = after the=20 expiration of the said time, and if the cause of action does by law sur- = vive,=20 the action may be commenced, by the executor or administrator, within = two years=20 after such death, or against the administrator or executor of the = deceased=20 person, or the same may be presented to the commissioners on said = estate, as the=20 case may be, at any time within two years after the grant of letters=20 testamentary or of administration, and not afterwards, if barred by the=20 provisions of this chapter; provided, however, if the commissioners on = such=20 estate are required to make their report to the probate court before, = the,=20 expiration of said two years, the claim against the deceased shall be = presented=20 to the commisioners within the time allowed other creditors to present = their=20 claims.

261. - Sect. 16. If, in any action, duly commenced within the time in = this=20 chapter limited and allowed therefor, the writ shall fail of a = sufficient=20 service, or return, by any unavoidable accident, or by any default or = neglect of=20 the officer to whom it is committed, or if the writ shall be abated, or = the=20 action otherwise defeated or avoided, by the death of any party thereto, = or for=20 any matter of form, or if after a verdict for the plaintiff, the = judgment shall=20 be arrested, or if a judgment for the plaintiff shall be reversed on a = writ of,=20 error, or on exceptions, the plaintiff may commence a new action for the = same=20 cause, at any time within one year after the abatement or other = determination of=20 the original suit, or after the reversal of the judgment therein; and if = the=20 cause of action does by law survive, his executor or administrator may, = in case=20 of his death, commence such new action within the said one year; or, if = no=20 executor or administrator be appointed within that time, then within one = year=20 after letters testamentary or of administration shall have been granted = to=20 him.

262. - Sec. 17. Whenever the commencement of any suit shall be stayed = by an=20 injunction of any court of equity, the time, during which such = injunction shall=20 be in force, shall not be deemed any portion of the time in this chapter = limited, for the commencement of suit.

263. - Sect. 18. If any person entitled to bring any action in this = chapter=20 specified, shall, at the time when the cause of action accrues, be a = minor or a=20 married woman, insane or imprisoned, such person. may bring the said = action,=20 within the times in this chapter respectively limited, after the = disability=20 shall be removed.

264. - Sect. 19. None of the provisions of this chapter shall apply = to suits=20 brought to enforce payment on bills, notes or other evidences of debt, = issued by=20 moneyed corporations.

265. - Sect. 20. All, the provisions of this chapter shall apply to = the case=20 of a debt or contract, alleged by way of set-off; and the time of = limitation of=20 such debt shall be computed in like manner as if an action had been = commenced=20 therefor, at the time when the plaintiff's action was commenced.

266. - Sect. 21. The limitations herein before prescribed for the=20 commencement of actions, shall apply to the same actions, when brought = in the=20 name of the state, or in the name of any officer, or otherwise, for the = benefit=20 of the state, in the same manner as to actions brought by citizens.

267. - Sect. 22. In actions of debt or upon the case founded on any = contract,=20 no acknowledgment or promise shall be evidence of a new or continuing = contract,=20 whereby to take any case out of the provisions of this chapter, or to = deprive=20 any party of the benefit thereof, unless such acknowledgment or promise = be made=20 or contained by or in some writing, signed by the party chargeable = thereby.

268. - Sect. 23. If there are two or more joint contractors, or joint = executors or administrators of any contractor, no such joint contractor, = executor or administrator shall lose the benefit of the provisions of = this=20 chapter, so as to be chargeable by reason only of any acknowledgment or = promise,=20 made or signed by any other or others of them.

269. - Sect. 24. In actions commenced against two or more joint = contractors,=20 or joint executors or administrators of any contractor, if it shall = appear on=20 the trial, or otherwise, that the plaintiff is barred by the provisions = of this=20 chapter, as to one or more of the defendants, but is entitled to recover = against=20 any other or others of them, by virtue of a new acknowledgment or = promise, or=20 otherwise, judgment shall be given for the plaintiff as to any of the = defendants=20 against whom he is entitled to recover, and for the other defendant. or=20 defendants against the plaintiff.

270. - Sect. 25. If, in any action on contract, the defendant shall = plead in=20 abatement, that any other person ought to have been, jointly sued, and = issue be=20 joined on that plea, and it shall appear on the trial, that the action = was, by=20 reason of the provisions of this chapter, barred against the person so = named in=20 the plea, the said issue shall be found for, the plaintiff.

271. - Sect. 26. Nothing, contained in the four preceding sections, = shall=20 alter, take away or lessen the effect of a payment of any principal or = interest,=20 made by any person.

272. - Sect. 27. If there are two or more joint contractors or joint=20 executors or administrators of any contractor, no one of them shall lose = the=20 benefits of the provisions of this chapter, so as to be chargeable by = reason=20 only of any payment, made by any other or others of them.

273. - Sect. 28. None of the provisions of this chapter, respecting = the=20 acknowledgment of a debt, or a new promise to pay it, shall apply to any = such=20 acknowledgment or promise, made before the first day of January, in the = year of=20 our Lord eighteen hundred and forty-two, but every such last mentioned=20 acknowledgment or promise, although not made in writing, shall have the = same=20 effect as if no provisions, relating thereto, had been herein = contained.

274. - Sect. 29. The provisions of this chapter which alter or vary = the law=20 now in force relative to the limitation of actions shall not apply to = any case=20 where the cause of action accrues before this chapter shall take effect, = and go=20 into operation; and in all cases, where the cause of action accrues = before this=20 chapter takes effect, the laws now in force limiting the time for the=20 commencement of suits thereon, shall continue in operation.

275. Virginia. 1. As to lands. All writs of formedon in descender, = remainder,=20 or reverter, of any lands, tenements or hereditaments, shall be sued out = within=20 twenty years next after the title or cause of action accrued, and not=20 afterwards: and no person having any right or title of entry into any = lands,=20 &c. shall make any entry but within twenty years next after such = right or=20 title accrued. Persons entitled to such writ or right or title of entry, = who are=20 under twenty-one years of age, femes covert, non compos mentis, = imprisoned, or=20 not within the commonwealth, at the time such right or title accrues, = may=20 themselves or their heirs, notwithstanding the said twenty years have = expired,=20 bring and maintain his action, or make his entry, within ten years next = after=20 such disabilities removed, or the death of the person so disabled.

276. In all writs of right, and other actions possessory, any person = may=20 maintain a writ of right upon the possession or seisin of his ancestor = or=20 predecessor within fifty years, or any other possessory action upon the=20 possession or seisin of his ancestor or predecessor, within forty years; = but no=20 person shall maintain a real action upon his own possession or seisin, = but=20 within thirty years next before the teste of the writ.

277. - 2. As to personal actions. The provisions in relation to = personal=20 actions are as follows: 1. Upon all actions upon the case, (other than = for=20 slander,) actions of account or assumpsit, (other than such accounts as = concern=20 the trade of merchandise between merchant and merchant, their factors or = servants,) debt grounded upon any lending or contract without specialty, = debt=20 for arrears of rent, trespass, detinue, trover, or replevin for goods = and=20 chattels, and trespass quare clausum fregit, five years: 2. Upon actions = of=20 assault, battery, wounding, or imprisonment, three years: 3. Upon = actions of=20 slander, one year. Infants, femes covert, persons non compos mentis, = imprisoned,=20 beyond seas, or out of the country, are allowed full time to bring all = such=20 actions, except that of slander, after the disability has been = removed.

278. All actions or suits, founded upon any account for goods, sold = and=20 delivered, or for articles charged in any store account, must be = commenced=20 within one year next after the cause of action, or the delivery of the = goods,=20 and not after; except that, in the case of the death of the creditors or = debtors, before the expiration of the said term of one year, the farther = time of=20 one year, from the death of such creditor or debtor, shall be allowed. = In suits=20 in the name of any person residing beyond the seas, or out of this = country, for=20 recovery of any debt due for goods actually sold and delivered here by = his=20 factor or factors, the saving in favor of persons beyond the seas at the = time=20 their causes of action accrued, is not to be allowed; but, if any factor = shall=20 happen to die before the expiration of the time in which suit should = have been=20 brought, his principal shall be allowed two years from his death, to = bring suit=20 for any debt due on account of any contract or dealing with such factor. = 1 Rev.=20 Code, 489-491.

LINE, descents. The series of persons who have descended from a = common=20 ancestor, placed one under the other, in the order of their birth. It = connects=20 successively all the relations by blood to each other. Vide = Consanguinity;=20 Degree.

≥ A  ≥                              =20
≥ s  ≥                     /=83    6. Tritavus, Tritavia.
≥ c  ≥                     √=83    5. Atavus, Atavia.
≥ e  ≥                     √=83    4. Abavus, Abavia.
≥ n  ≥ Great grand-   ≥    ≥   =20
≥ d =83=A5 father, great  √=83   √=83    3. Proavus, =
Proavia.
≥ i  ≥ grandmother,   ≥    ≥   =20
≥ n  ≥                     ≥   =20
≥ g  ≥ Grand father,  ≥    ≥   =20
≥    ≥ grandmother    √=83   √=83    2. Avus, =
Avia.
≥ l  ≥                     ≥   =20
≥ i  ≥ Father, mother      √=83    1. Pater, Mater.
≥ n  ≥                     ≥   =20
≥ e  ≥                     ≥   =20
      EGO.		   √=83     EGO.
≥ D  ≥                     ≥   =20
≥ e  ≥                     ≥   =20
≥ s  ≥ Son.		   √=83    1. Filius.
≥ c  ≥ Granson             √=83    2. Nepos, Nepti.
≥ e  ≥ Great Grandson.     √=83    3. Pronepos, =
Proneptis.
≥ n  ≥ 			   √=83    4. Abnepos, Abneptis.
≥ d  ≥ 			   √=83    5. Adnepos, Adneptis.
≥ i  ≥ 			   √=83    6. Trinepos, Trineptis.
≥ n  ≥ 				    =20
≥ g  ≥ 				    =20
≥    ≥ 				    =20
≥ L  ≥ 				    =20
≥ i  ≥ 				    =20
≥ n  ≥ 				    =20
≥ e  ≥ 				    =20

2. The line is either direct or collateral. The direct line is = composed of=20 all the persons who are descended from each other. If, in the direct = line, any=20 one person is assumed =A7the propositus, in order to count from him = upwards and=20 downwards, the line will be divided into two parts, the ascending and = descending=20 lines. The ascending line is that, which counting from the proposi-tus, = ascends=20 to his ancestors, to his father, grandfather, great-grandfather, &c. = The=20 descending line, is that which, counting from the same person, descends = to his=20 children, grandchildren, great-grand-children, &c. The preceding = table is an=20 example.

3. The collateral line considered by itself, and in relation to the = common=20 ancestor, is a direct line; it becomes collateral when placed along side = of=20 another line below the common ancestor, in whom both lines unite for=20 example:

			       Common   ancestor.
                                      O
	                =
/=83=83=83=83=83=83=83=83=83=83=83=83=83=83=A1=83=83=83=83=83=83=83=83=83=
=83=83=83=83=83=83=83=F8
			≥				≥
			o				o
			≥				≥
			o				o
	Direct		≥				≥ Collateral
	 line.		o				o line.
			≥				≥
			o				o
			≥				≥
			o				o
			≥				≥
			O				o
		      Ego.

4. These two lines are independent of each other; they have no = connexion,=20 except by their union in the person of the common ancestor. This reunion = is what=20 forms the relation among the persons composing the two lines.

5. A line is also paternal or maternal. In the examination of a = person's=20 ascending line, the line ascends first to his father, next to his = paternal=20 grandfather, his paternal great-grandfather, &c. so on from father = to=20 father; this is called the paternal line. Another line will be found to = ascend=20 from the same person to his mother, his maternal grandmother, and so = from mother=20 to mother; this is the maternal line. These lines, however, do not take = in all=20 the ascendants, there are many others who must be imagined. The number = of=20 ascendants is double at each degree, as is shown by the following = table:

					/=83=83=83=83=83 o
                                                ≥
                                     /=83=83=83=83=83o=83=83=83=83=A5
                                     ≥          ≥
                                     ≥          =BF=83=83=83=83=83 =
o
				     ≥
		  	      /=83=83=83=83=83=83=A5
			      ≥	     ≥
			   F  ≥	     ≥	   	/=83=83=83=83=83 o
                           a  ≥      ≥          ≥
                           t  ≥      =
=BF=83=83=83=83=83o=83=83=83=83=A5
                           h  ≥                 ≥
                           e  ≥                 =BF=83=83=83=83=83 =
o
			   r  ≥
		 	/=83=83O=83=83=A5
			≥     ≥
		     P	≥   O ≥ 	   	/=83=83=83=83=83 o
                     a  ≥   t ≥                 ≥
                     t  ≥   h ≥      =
/=83=83=83=83=83o=83=83=83=83=A5
                     e  ≥   e ≥      ≥          =
≥
                     r  ≥   r ≥      ≥          =
=BF=83=83=83=83=83 o
		     n 	≥     ≥	     ≥
		     a 	≥   L =BF=83=83=83=83=83=83=A5
		     l 	≥   i	     ≥
		      	≥   n	     ≥	   	/=83=83=83=83=83 o
                     L  ≥   e        ≥          ≥
                     i  ≥            =
=BF=83=83=83=83=83o=83=83=83=83=A5
                     n  ≥                       ≥
                     e  ≥                       =BF=83=83=83=83=83 =
o
			≥=09
	Ego.	  O=83=83=83=83=83=A5=09
			≥=09
		     M	≥		   	/=83=83=83=83=83 o
                     a  ≥                       ≥
                     t  ≥            =
/=83=83=83=83=83o=83=83=83=83=A5
                     e  ≥            ≥          ≥
                     r  ≥   O        ≥          =
=BF=83=83=83=83=83 o
		     n	≥   t 	     ≥
		     a	≥   h  /=83=83=83=83=83=A5
		     l	≥   e  ≥     ≥
			≥   r  ≥     ≥	   	/=83=83=83=83=83 o
                     l  ≥      ≥     ≥          =
≥
                     i  ≥   l  ≥     =
=BF=83=83=83=83=83o=83=83=83=83=A5
                     n  ≥   i  ≥                ≥
                     e  ≥   n  ≥                =
=BF=83=83=83=83=83 o
			≥   e  ≥=09
			=BF=83=83=83o=83=83=A5=09
			       ≥=09
			    M  ≥	   	/=83=83=83=83=83 o
                            o  ≥                ≥
                            t  ≥     =
/=83=83=83=83=83o=83=83=83=83=A5
                            h  ≥     ≥          ≥
                            e  ≥     ≥          =
=BF=83=83=83=83=83 o
			    r  ≥     ≥
			       =BF=83=83=83=83=83=A5
				     ≥
				     ≥	   	/=83=83=83=83=83 o
                                     ≥          ≥
                                     =BF=83=83=83=83=83o=83=83=83=83=A5
                                                ≥
                                                =BF=83=83=83=83=83 o

Vide 2 Bl. Com. 200, b. 2, c. 14; Poth. Des Successions, ch. 1, art. = 3, =A7 2;=20 and article Ascendants.

LINE, measures. A line is a lineal measure containing the one = twelfth=20 part of a on inch.

LINE, estates. The division between two estates. Limit; = border;=20 boudary.

2. When a line is mentioned in a deed as ending at a particular = monument, (q.=20 v.) it is to be extended in the direction called for, without regard to=20 distance, until it reach the boundary. 1 Taylor, 110, 303 2 Hawks, 219; = 3 Hawks,=20 21; 2 Taylor, 1. And a marked line is to be adhered to although it = depart from=20 the course. 7 Wheat. 7; 2 Overt. 304; 3 Call, 239; 7 Monr. 333; 2 Bibb, = 261; 4=20 Bibb, 503; 4 Monr. 29; see further, 2 Dana, 2; 6 Wend. 467; 1 Bibb, 466; = 1=20 Marsh. 382; 3 Marsh. 382; 3 Murph. 82; 13 Pick. 145; 13 Wend. 300; 5 J. = J.=20 Marsh. 587.

3. Where a number of persons settle simultaneously or at short = intervals in=20 the same neighborhood, and their tracts, if extended in certain = directions,=20 would overlap each other, the settlers sometimes by agreement determine = upon=20 dividing lines, which are called consentible lines. These lines, when = fairly=20 agreed upon, have been sanctioned by the courts; and such agreements are = conclusive upon all persons claiming under the parties to them with = notice, but=20 not upon bona fide purchasers for a valuable consideration without = notice,=20 actual or constructive. 5 S. & R. 273; 9 W. & S. 66; 3 S & = R. 323; 5=20 Binn. 129; 10 Watts, 324; 17 S. &. R. 57; Jones, L. 0. T.

4. Lines fixed by compact between nations are binding on their = citizens and=20 subjects. 11 Pet. 209; 1 Overt. 269; 1 Ves. sen., Rep. 450; 1 Atk. R. 2; = 1 Ch.=20 Cas. 85; 1 P. Wms. 723727; 2 Atk. R. 592; 1 Vern. 48; 1 Ves. 19; 2 Ves. = 284; 3=20 S. & R. 331.

LINEAGE. Properly speaking lineage is the relationship of = persons in a=20 direct line; as the grandfather, the father, the son, the grandson, = &c.

LINEAL. That which comes in a line. Lineal consanguinity is = that which=20 subsists between persons, one of whom is descended in a direct line from = the=20 other. Lineal descent, is that which takes place among lineal = kindred.

LINEAL WARRANTY, old English law. A warranty by the heir, when = he=20 derived title to the land warranted, either from or through, the = ancestor who=20 made the warranty. See Warranty.

LIQUIDATED. That which is made clear, certain, and manifest; = as,=20 liquidated damages, ascertained damages liquidated debt, an ascertained = debt, as=20 to amount. A debt is liquidated when it is certain what is due, and how = much is=20 due, cum certum est an et quantum debeatur; for although it may appear = that=20 something is due, if it does not also appear how much is due, the debt = is not=20 liquidated. An unliquidated claim is one which one of the parties to the = contract cannot alone render certain. 5 M. R. 11; 1 N. S. 130; 6 N S. = 715; 6 N.=20 S. 10, 13 L. R. 275; 7 L. R. 134, 599. Such a claim cannot be set off. 2 = Dall.=20 237; S. C. 1 Yeates' R. 571; 10 Serg. & Rawle, 14; see Poth. Ob. n. = 628;=20 Dig. 50, 17, 24; Id. 42, 1, 64; Id. 1, 45, 112; Id. 46, 5, 11; Code, 7, = 47. Dom.=20 Lois Civ. l. 4, t. 2, s. 2, n. 2; Arg. Inst. 1. 4, c. 7; 7 Toull. n. = 369; 6 Duv.=20 Dr. Civ. Fr. n. 304.

LIQUIDATED DAMAGES. By this term is understood the fixed = amount which=20 a party to an agreement promises to pay to the other, in case he shall = not=20 fulfil some primary or principal engagement into which he has entered by = the=20 same agreement it differs from a penalty. (q. v.) Vide Damages = liquidated.

2. The damages will be considered as liquidated in the following = cases: 1.=20 When the damages are uncertain, and not capable of being ascertained by = any=20 satisfactory or known rule; whether the uncertainty lies in the nature = of the=20 subject itself, or in the particular circunstances of the case. 2 T. R. = 32 1=20 Ale. & N. 389; 2 Burr. 2225 10 Ves. 429; 7 Cowen, 307; 4 Wend. 468. = 2. When,=20 from the nature of the case, and the tenor of the agreement, it is = clear, that=20 the damages have been the subject of actual and fair calculation and = ad-ustment=20 between the parties. 2 Greenl. Ev. =A7259; 2 Story, Eq. =A71318; 3 C. = & P. 240;=20 10 Mass. 450, 462; 6 Bro. P. C. 436; 3 Taunt. 473; 7 John. 72; 4 Mass. = 433; 3=20 Conn. 58; 1 Bouv. Inst. n. 655, 765.

LIQUIDATION. A fixed and determinate valuation of things which before = were=20 uncertain.

LIRA. The name of a foreign coin. In all computations at the = custom=20 house, the lira of Sardinia shall be estimated at eighteen cents and six = mills.=20 Act of March 22, 1846. The lira of the Lombardo-Venitian Kingdom, and = the lira=20 of Tuscany, at sixteen cents. Act of March 22, 1846.

LIS. A suit; an action; a controversy in court; a dispute.

LIS MOTA. The cause of the suit or action. By this term is = understood=20 the commencement of the controversy, and the beginning of the suit. 4 = Campb. R.=20 417; 6 Carr. & P. 552, 561; 2 Russ. & My. 161; Greenl. Ev. = =A7131,=20 132.

LIS PENDENS. The pendancy of a suit; the time between which it = is=20 instituted and finally decided.

2. It has been decided that the mere serving of a subpoena in = chancery,=20 unless a bill be also filed, is not a sufficient lis pendens, but the = bill being=20 filed, the lis pendens commences from the service of the subpoena, = although that=20 may not be returnable till the following term 1 Vern. 318; and after a = decree,=20 final in its nature, there remains no lis pendens. 1 Vern. 459.

3. It is a general rule, that Iis pendens is a general notice of an = equity to=20 all the world. 3 Atk. 343; 2 P. Wms. 282; Amb. 676; 1 Vern. 286. Vide 2 = Fonbl.=20 Eq. 152, note; 1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg. = index, h.=20 t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. = Rep.=20 93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. = 462; 4=20 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167, 170; 2 Edw. R. 115; 1 = Hogan, R.=20 69; 6 Har. & John. 21; 2 Dana, R. 480; Jac. R. 202; 1 Russ. & = My. 617=20 Corn. Dig. Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R. = 479; 7=20 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560, 584; 14 Ohio, 109, = 323.

4. When a defendant is arrested pending a former suit or action, in = which he=20 was held to bail, he will not, in general, be held to bail, if the = second suit=20 be for the same cause of action. Grah. Prac. 98; Troub. & Haly's = Prac. 44; 4=20 Yeates' R. 206. But under special circumstances, he may be held to bail = twice,=20 and of these circumstances the court will judge. 2 Miles, Rep. 99, 100, = 142. See=20 14 John. R. 347. When such a second action is commenced, the first ought = to be=20 discontinued and the costs paid; but, it seems, it is sufficient if they = are=20 paid before the replication of nul tiel record to a plea of autre action = pendant. in the second suit. Grab. Pr. 98; and see 1 John. Cas. 397; 7 = Taunt.=20 151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. = 225; 1=20 Blackf. R. 53; Id. 315; Autre action pendent; Bail; Litigiosity.

LIST. A table of cases arranged for trial or argument; as, the = trial=20 list, the argument list. See 3 Bouv. Inst. n. 3031.

LISTERS. This word is used in some of the states to designate = the=20 persons appointed to make lists of taxables. See Verm. Rev. Stat. = 538.

LITERAL CONTRACT, civil law. A contract, the whole of the = evidence of=20 which is reduced to writing. This contract is perfected by the writing, = and=20 binds the party who subscribed it, although he has received no = consideration.=20 Leg. Elem. =A7887.

LITERARY PROPERTY. This name has been given to the right which = authors=20 have in their works. This is secured to them by copyright. (q. v.) Vide = 2 Bl.=20 Com. 405-6; 4 Vin. Ab. 278; Bac. Ab. Prorogation, F 5; 2 Kent, Com. 306 = to 315;=20 1 Supp. to Ves. jr. 360, 376; 2 Id. 469; Nicklin on Literary Property; = Dane's=20 Ab. Index, b. t.; 1 Chit. Pr. 98; 2 Amer. Jur. 248; 10 Amer. Jur. 62; 1 = Law=20 Intell. 66; Curt. on Copyr. 11; 1 Bell's Com. B. 1, part 2, c. 4, s. 2, = p. 115;=20 1 Bouv. Inst. n. 508, et seq. Vide Copyright.

LITIGANT. One engaged in a suit; one fond of litigation.

LITIGATION. A contest authorized by law, in a court of = justice, for=20 the purpose of enforcing a right.

2. In order to prevent injustice, courts of equity will restrain a = party from=20 further litigation, by a writ of injunction; for example, after two = verdicts on=20 trials at bar, in favor of the plaintiff, a perpetual injunction was = decreed.=20 Str. 404. And not only between two individuals will a court of equity = grant this=20 relief, as in the above case of several ejectments, but also, when one=20 general-legal right, as a right of fishery, is claimed against several, = distinct=20 persons, in which case there would be no end of bringing actions, since = each=20 action would only bind the particular right in question, between the = plaintiff=20 and defendant in such action, without deciding the general right = claimed. 2 Atk.=20 484; 2 Ves. jr. 587. Vide Circuity of Actions.

LITIGI0SITY, Scottish law. The pendency of a suit; it is an = implied=20 prohibition of alienation to the disappointment of an action, or of = diligence,=20 the direct object of which is to obtain possession, or to acquire the = property=20 of a particular subject. The effect of it is analogous to that of = inhibition.=20 (q. v.) 2 Bell's Com. 152, 5th ed. Vide Lis Pendens.

LITIGIOUS. That which is the subject of a suit or action; that = which=20 is contested in a court of justice. In another sense, litigious = signifies a=20 disposition to sue; a fondness for litigation.

LTTIGIOUS RIGHTS, French law. Those which are or may be = contested=20 either in whole or in part, whether an action has been commenced, or = when there=20 is reason to apprehend one. Poth. Vente, n. 584; 9 Mart. R. 183; = Troplong, De la=20 Vente, n. 984 a 1003; Civ. Code of Lo. art. 2623; Id. 3522, n. 22. Vide=20 Contentious jurisdiction.

LITIS CONTESTATIO, civil law. "Contestari." It is when each = party to a=20 suit (uterque reus) says "Teste estote." It was therefore, so called, = because=20 persons were called on by the parties to the suit "to bear witness," "to = be=20 witnesses." It is supposed that this contestatio was the usual = termination of=20 certain acts before the magistratus or in jure, of which the persons = called to=20 be witnesses were at some future time to bear record before the judex, = in=20 judicio. The Iis contestata, in the system of Justinian, consisted in = the=20 statements made by. the parties to a suit before the magistrate = respecting the=20 claim or demand, and the answer or defence to it. When this was done, = the cause=20 was ready for hearing. Savig. Traite de Droit Romain, tom. vi. =A7 = cclviii.;=20 Smith, Dict. Gr. & Rom. Antiq. h. v. The contesting of the suit, or = pleading=20 the general issue. Vide 2 Bro. Civ. and Adm. Law, 358.

LITISPENDENCE. The part of an action being depending and = undetermined;=20 the time during which an action is pending. See Lis pendens.

LITRE. A French measure of capacity. It is of the size of a = decimetre,=20 or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches. = Vide=20 Measure.

LIVERY, Engl. law. 1. The delivery of possession of lands to = those=20 tenants who hold of the king in capite, or knight's service. 2. Livery = was also=20 the name of a writ which lay for the heir of age, to obtain the = possession of=20 seisin of his lands at the king's hands. F. N. B. 155. 3. It signifies, = in the=20 third place, the clothes given by a nobleman or gentleman to his = servant.

LIVERY OF SEISIN, estates. A delivery of possession of lands,=20 tenements, and hereditaments, unto one entitled to the same. This was a = ceremony=20 used in the common law for the conveyance of real estate; and the livery = was in=20 deed, which was performed by the feoffor and the feoffee going upon the = land,=20 and the latter receiving it from the former; or in law, where the game = was not=20 made on the land, but in sight of it. 2 Bl. Com. 315, 316.

2. In most of the states, livery of seisin is unnecessary, it having = been=20 dispensed with either by express law or by usage. The recording of the = deed has=20 the same effect. In Maryland, however, it seems that a deed cannot = operate as a=20 feoffment, without livery of seisin. 5 Harr. & John. 158. Vide 4 = Kent, Com.=20 381 2 Hill, Ab. c. 26, s. 4; 1 Misso. R. 553; 1 Pet. R. 508; 1 Bay's R. = 107; 5=20 Har. & John. 158; Fairf. R. 318; Dane's Abridgment, h. t.; and the = article=20 Seisin.

LIVRE TOURNOIS, com. law. A coin used in France before the = revolution.=20 It is to be computed in the ad valorem duty on goods, &c., at = eighteen and a=20 half cents. Act of March 2, 1798, s. 61, 1 Story's L. U. S. 626. Vide = Foreign=20 Coins.

LOADMANAGE, maritime law, contracts. The pay to loadsmen; that = is,=20 persons who sail or row before ships, in barks or small vessels, with=20 instruments for towing the ship, and directing her course, in order that = she may=20 escape the dangers in her way. Poth. Des Avaries, n. 147; Guidon de la = Mer, ch.=20 14; Bac. Ab. Merchant and Merchandise, F.

LOAN, contracts. The act by which a person lets another have a = thing=20 to be used by him gratuitously, and which is to be returned, either in = specie or=20 in kind, agreeably to the terms of the contract. The thing which is thus = transferred is also called a loan. 1 Bouv. Inst. n. 1077.

2. A loan in general implies that a thing is lent without reward; = but, in=20 some cases, a loan may be for a reward; as, the loan of money. 7 Pet. R. = 109.

3. In order to make a contract usurious, there must be a loan; Cowp. = 112,=20 770; 1 Ves. jr. 527; 2 Bl. R. 859; 3 Wils. 390 and the borrower must be = bound to=20 return the money at all events. 2 Scho. & Lef. 470. The purchase of = a bond=20 or note is not a loan ; 3 Scho. & Lef. 469; 9 Pet. R 103; but if = such a=20 purchase be merely colorable, it will be considered as a loan. 2 John. = Cas. 60;=20 Id. 66; 12 S. & R. 46; 15 John. R. 44.

LOAN FOR CONSUMPTION, or, MUTUTUM. (q. v.) A contract by which = the=20 owner of a personal chattel, called the lender, delivers it to another, = known as=20 the borrower, by which it is agreed that the borrower shall consume the = chattel=20 loaned, and return at the time agreed upon, another chattel, of the same = quality, kind, and number, to the lender, either gratuitously or for a = con-=20 sideration; as, if Peter lends to Paul one bushel of wheat, to be used = by the=20 latter, so that it shall not be returned to Peter, but instead of which = Paul=20 will return to Peter another bushel of wheat of the same kind and = quality, at a=20 time agreed upon.

2. It is evident that this contract differs essentially from a loan = for use.=20 In the latter, the property of the thing lent remains with the lender, = and, if=20 it be destroyed without the fault or negligence of the borrower, it is = his loss,=20 and the thing to be returned is the identical thing lent; but in the = loan for=20 consumption, the property passes to the borrower, and in case of its=20 destruction, he must bear the loss, and the identical property is never = to be=20 returned, but other property of the like kind, quality, and number. This = contract bears a nearer resemblance to a barter or exchange; in a loan = for=20 consumption the borrower agrees to exchange with the lender a bushel of = wheat,=20 which he has not, but expects to obtain, for another bushel of wheat = which the=20 lender now has, and with which he is willing to part; or a more familiar = example=20 may be given: Debtor borrows from Creditor, one hundred dollars to use = as he=20 shall deem best, and he promises to return to Creditor another hundred = dollars=20 at a future time.

3. In cases of loan for consumption, the lender may charge for the = use of the=20 thing loaned or not; as, if I lend one thousand dollars to a friend for = a month,=20 I may charge interest or not but a loan for use is always gratuitous = when=20 anything is charged for the use, it becomes a hiring. See Hire; and also = Mutuum.

LOAN FOR USE, or COMMODATUM, contracts. A bailment, or loan of = an=20 article for a certain time, to be used by the borrower, without paying = for it. 2=20 Kent's Com. 446, 447. Sir William Jones defines it to be a bailment of a = thing=20 for a certain time, to be used by the borrower, without paying for it. = Jones'=20 Bailm. 118. According to the Louisiana Code, art. 2864, it is an = agreement by=20 which a person delivers a thing to another, to use it according to its = natural=20 destination, or according to the agreement, under an obligation on the = part of=20 the borrower, to return it after he shall have done using it. This loan = is=20 essentially gratuitous. The Code Civil, art. 1875, defines it in nearly = the same=20 words. Lord Holt has defined this bailment to be, when goods or = chattels, that=20 are useful, are lent to a friend gratis, to be used by him: and it is = called=20 commodatum, he adds, because the thing is to be restored in specie. 2 = Ld. Ray.=20 909, 913.

2. The loan for use resembles somewhat a gift, for the lender, as in = a gift,=20 gives something to the borrower; but it differs from the latter, because = there=20 the property of the thing given is transferred to the donee; instead of = which,=20 in the loan for use, the thing given is only the use, and the property = in the=20 thing lent remains in the lender. This contract has also some analogy to = the=20 mutuum, or loan for consumption; but they differ in this, that in the = loan for=20 use the lender retains the property in the thing lent, and it must be = returned=20 in individuo; in the loan for consumption, on the contrary, the things = lent are=20 to be consumed, such as money, corn, oats, grain, cider, &c., and = the=20 property in them is transferred to the borrower, who becomes a debtor to = the=20 lender for the same quantity of like articles. Poth. Pret a. Usage, n. = 9,=20 10.

3. Several things are essential to constitute this contract; first, = there=20 must be a thing which is lent; and this, according to the civil law, may = be=20 either a thing movable, as a horse, or an immovable, as a house or land, = or=20 goods, or even a thing incorporeal. But in our law, the contract seems = confined=20 entirely to goods and chattels, or personal property, and not to extend = to real=20 estate. It must be a thing lent, in contradistinction to a thing = deposited or=20 sold, or entrusted to another for the purpose of the owner. Story on = Bailm. =A7=20 223.

4. Secondly. It must be lent gratuitously, for if any compensation is = to be=20 paid in, any manner whatsoever, it falls under Another denomination, = that of=20 hire. Ayliffe's Pand. B. 4, tit. 16, n. 516; Louis. Code, art. 2865; = Pothier,=20 Pret a Usage, c. 1, art. 1, n. 1, c. 2, art., 3, n. 11.

5. Thirdly. It must be lent for use, and for the use of the borrower. = It is=20 not material whether the use be exactly that which is peculiarly = appropriate to=20 the thing lent, as a loan of a bed to lie on, or a loan of a horse to = ride; it=20 is equally a loan, if the thing is lent to the borrower for any other = purpose;=20 as, to pledge as a security on his own account. Story on Bailm. =A7225. = But the=20 rights of the borrower are strictly confined to the use actually or = impliedly=20 agreed to by the lender, and cannot be lawfully exceeded. Poth. Pret a = Usage, c.=20 1, =A71, art. l, n. 5. The use may be for a limited time, or for an = indefinite=20 time.

6. Fourthly. The property must be lent to be specifically returned to = the=20 lender at the determination of the bailment; and, in this respect it = differs=20 from a mutuum, or loan for consumption, where the thing borrowed, such = as corn,=20 wine, and money, is to be returned in kind and quantity. See Mutuum. It = follows,=20 that a loan for use can never be of a thing which is to be consumed by = use; as,=20 if wine is lent to be drunk at a feast, even if no return in kind is = intended,=20 unless, perhaps, so far as it is not drunk; for, as to, all the rest, it = is=20 strictly a gift.

7. In general, it may be said that the borrower has the right to use = the=20 thing during the time and for the purpose which was intended between the = parties. But this right is strictly confined to the use, expressed or = implied in=20 the particular transaction; and the borrower, by any excess, will make = himself=20 responsible. Jones' Bailm. 68; Cro. Jac. 244; 2 Ld. Raym. 909,916; 1 = Const. Rep.=20 So. Car. 121; Louis. Code: art. 2869; Code Civil, art. 1881; 2 Bulst. = 306.

8. The obligations of the borrower are to take proper care of the = thing=20 borrowed, to use it according to the intention of the lender, to restore = it in=20 proper time, and to restore it in proper condition. Story on Bailm. = =A7236; Louis.=20 Code, art. 2869; Code Civ. 1880.

9. By the common law, this bailment may always be terminated at the = pleasure=20 of the lender. (q. v.) Vin. Abr. Bailment, D; Bac. Abr. Bailment, D.

10. The property in the thing lent in a loan for use, remains in the = lender,=20 Story on Bailment, =A7283; Code Civil, art. 1877; Louis. Code, art. = 2866.

11. It is proper to remark that the loan for use must be lawful; a = loan by=20 Peter to Paul of a ladder to enable him to commit a larceny, or of a = gun, to=20 commit a murder, is not a loan for use, but Peter by this act becomes an = accomplice of Paul. 17 Duv. n. 503; 6 Duverg. n. 32.

LOCAL. Pertaining to a place; something annexed to the = freehold or=20 tied to a certain place; as, local courts, or courts whose jurisdiction = is=20 limited to a particular place; local allegiance, or allegiance due while = you are=20 in a particular place or country; local taxes, or those which are = collected for=20 particular districts.

LOCAL ACTION, practice, pleadings. An action is local when the = venue=20 must be laid in the county where the cause of action arose. 1 Chit. PI'. = 271; 21=20 Vin. Ab. 79; 3 Bl. Com. 294; Bac. Ab. Actions, Local, &c.; Dane's = Ab. Index,=20 h. t.; 15 Mass. 284; 1 Brock. 203; 1 Greenl. 246. Vide Action; = Venue.

LOCALITY, Scotch law. This name is given to a life rent = created in=20 marriage contracts in favor of the wife, instead of leaving her to her = legal=20 life rent of terce. 1 Bell's Com. 55. See Jointure.

LOCATIO. Hire; a letting out.

LOCATIO CONDUCTIO, Civil law. Location conduction is a = consensual=20 contract, by which a person becomes bound to deliver to another the use = of a=20 thing for a certain time, or to do work at. a certain price. 1 Bouv. = Inst. n.=20 984.

LOCATIO MERCIUM VEHENDARUM, contracts. A term used in the = civil law to=20 signify the carriage of goods for hire.

2. In respect to contracts of this sort entered into by private = persons, not=20 exercising the business of common carriers, there does not seem to be = any=20 material distinction varying the rights, obligations and duties of the = parties=20 from those of other bailees for hire. Every such private person is bound = to=20 ordinary diligence, and a reasonable exercise of skill; and of course he = is not=20 responsible for any losses not occasioned by ordinary negligence unless = he has=20 expressly, by the terms of his contract, taken upon himself such risk. 2 = Ld.=20 Raym. 909, 917, 918; 4 Taunt. 787; 6 Taunt. 577; 2 Marsh. 293,; Jones' = Bailm.=20 103, 106, 121; 2 Bos. & Pull. 1l7; 1 Bouv. Inst. n. 1020. See Common = Carrier.

LOCATIO OPERIS, contracts. A term used in the civil law, to = signify=20 the hiring of labor and services. It is a contract by which one of the = parties=20 gives a certain work to be performed by the other, who binds himself to = do it=20 for the price agreed between them, which he who gives the work to be = done=20 promises to pay to the other for doing it. Poth. Louage, n. 392. This is = divided=20 into two branches, first, Locatio operis faciendi; and, secondly, = Locatio=20 mercium vehendarum. See these words.

LOCATIO OPERIS FACIENDI, contracts. A term used in the civil = law.=20 There are two kinds, first, the location operis faciendi, strictly so = called, or=20 the hire of labor and services; such as the hire of tailors to make = clothes, and=20 of jewelers to set gems, and of watchmakers to repair watches. Jones' = Bailm. 90,=20 96, 97. Secondly, Locatio custodiae, or the receiving of goods on = deposit for a=20 reward, which is properly the hire of care and attention about the = goods. Story=20 on Bailm. 422, 442; 1 Bouv. Inst. n. 994.

2. In contracts for work, it is of the essence of the contract, = first, that=20 there should be work to be done; secondly, for a price or reward; and, = thirdly,=20 a lawful contract between parties capable and intending to contract. = Pothier,=20 Louage, n. 395 to 403.

LOCATIO REI, contracts. A term used in the civil law, which = signifies=20 the hiring of a thing. It is a contract by which one of the parties = obligates=20 himself to, give to the other the use and enjoyment, of a certain thing = for a=20 period of time agreed upon between them, and in consideration of a price = which=20 the latter binds himself to pay in return. Poth. Contr. de Louage, n. l. = See=20 Bailment; Hire; Hirer; Letter.

LOCATION, contracts. A contract by which the temporary use of = a=20 subject, or the work or service of a person, is given for an ascertained = hire. 1=20 Bell's Com. B. 2, pt. 3, c. 2, s. 4, art. 2, =A71, page 255. Vide = Bailment;=20 Hire.

LOCATION, estates. Among surveyors, who are authorized by = public=20 authority to lay out lands by a particular warrant, the act of selecting = the=20 land designated in the warrant and surveying it, is called its location. = In=20 Pennsylvania, it is an application made by any person for land, in the = office of=20 the secretary of the late land office of Pennsylvania, and entered in = the books=20 of said office, numbered and sent to the surveyor general's office. Act = June 25,=20 1781, =A72, 2 Sm. Laws, 7.

LOCATOR, civil law. He who leases or lets a thing to hire to = another.=20 His duties are, 1st. To deliver to the hirer the thing hired, that he = may use=20 it. 2d. To guaranty to the hirer the free enjoyment of it. 3d. To keep = the thing=20 hired in good order in such manner that the hirer may enjoy it. 4th. To = warrant=20 that the thing hired has not such defects as to destroy its use. Poth. = Du.=20 Contr. de Louage, n. 53.

LOCK-UP HOUSE. A place used, temporarily as a prison.

LOCO PARENTIS. In the place of a parent.

2. It is frequently important in cases of devises and bequests, to = ascertain=20 whether the testator did or did not stand towards the devisee or = legatee, in=20 loco parentis. In general, those who assume the parental character may = be=20 considered as standing in that relation but this character must clearly=20 appear.

3. The fact of his so standing may be shown by positive proof, or the = express=20 declarations of the testator in his will, or by circumstances; as, when = a=20 grandfather; 2 Atk. 518; a brother; 1 B. & Beat. 298; or an uncle; 2 = A. 492;=20 takes an orphan child under his care, or supports him, he assumes the = office of=20 a parent. The law places a master in loco parentis in relation to bis=20 apprentice. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.

LOCUM TENENS. He who holds the place of another, a deputy; as = A B,=20 locum tenens of C D, mayor of the city of Philadelphia.

LOCUS. The place where a thing is done.

LOCUS CONTRACTUS. The place of the contract. In general, the = law of=20 the place where the contract is made, governs in everything which = relates to the=20 mode of construing it. Vide Lex loci contractus.

LOCUS DELICTI. The place where the tort, offence, or injury = bas been=20 committed.

LOCUS POENITENTIAE. contracts, crim. law. Literally this = signifies a=20 place of repentance; in law, it is the opportunity of withdrawing from a = projected contract, before the parties are finally bound; or of = abandoning the=20 intention of committing a crime, before it has been completed, 2 Bro. C. = R. 569;=20 Ersk. Laws of Scotl. 290. Vide article Attempt.

LOCUS IN QUO. The place in which. In pleadings it is the place = where=20 any- thing is alleged to have been done. 1 Salk. 94.

LOCUS REI SITAE. The place where a thing is situated. In = proceedings=20 in rem, in real actions in the civil law, or: those which have for their = object=20 the recovery of a thing; and in real actions in the common law, or those = for the=20 recovery of land, the proper forum is the locus rei sitae. 2 Gall. R. = 191.

LOCUS SIGILLI. The place of the seal. 2. In many of the = states,=20 instead of sealing deeds, writs, and other papers or documents requiring = it, a=20 scroll is made in which the letters L. S. are printed or written, which = is an=20 abbreviation of Locus Sigilli. This in some of the states has all the = efficacy=20 of a seal, but in others it has no such effect. See Scroll.

LODGER. One who has a right to inhabit another man's house. He = has not=20 the same right as a tenant; and is not entitled to the same notice to = quit.=20 Woodf. L. &_T. 177. See 7 Mann. & Gr. 87; S. C. 49 E. C. L. R. = 85, 151,=20 and article Inmate.

LODGINGS. Habitation in another's house, in which the owner dwells; = the oc-=20 cupier being termed a lodger.

LOG BOOK. A ship's journal. It contains a minute account of = the ship's=20 course, with a short history of every occurrence during the vovage. 1 = Marsh.=20 Ins. 408. When a log books required by law to be kept, it is an official = register so far as regards the transactions required by law to be = entered in it,=20 but no further. Abbott on Shipp. by Story, 468, n. 1; 1 Summ. R. 373 2 = Summ. 19,=20 78; 4 Mason, R. 544; 1 Esp. R. 427.

LOQUELA, practice. An imparlance. Loquela sine die, a respite = in law=20 to an indefinite time. Formerly by loquela was meant the allegations of = fact=20 mutually made on either side, now denominated the pleadings. Steph. PI. = 29.

LORD. In England, this is a title of honor. Fortunately in the = U. S.=20 no such titles are allowed.

LORD'S DAY. The same as Sunday. (q. v.) Dies Dominicus non est = juridicus. Co. Litt. 135; Noy's Max. 2.

LOSS, contracts. The deprivation of something which one had, = which was=20 either advantageous, agreeable or commodious.

2. In cases of partnership, the losses are in general borne by the = partners=20 equally, unless stipulations or circumstance's manifest a different = intention.=20 Story, Partn. =A724. But it is not essential that the partners should = all share=20 the losses. They may agree, that if there shall be no profits, but a = loss, that=20 the loss shall be borne by one or more of the partners exclusively, and = that the=20 others shall, inter se, be exempted from all liabilities for losses. = Colly.=20 Partn. 11; Gow, Partn. 9; 3 M. & Wels. 357; 5 Barn. & Ald. 954 = Story,=20 Partn. =A723.

3. When a thing sold is lost by an accident, as by fire, the loss = falls on=20 the owner, res perit domino, and questions not unfrequently arise, as to = whether=20 the thing has been delivered and passed to the purchaser, or whether it = remains=20 still the property of the seller. See, on this subject, Delivery.

LOSS IN INSURANCE, contracts. A loss is the injury or damage = sustained=20 by the insured in consequence of the happening of one or more of the = accidents=20 or misfortunes against which the insurer, in consideration of the = premium, has=20 undertaken to indemnify the insured. 1 Bouv. Inst. n. 1215.

2. These accidents or misfortunes, or perils, as they are usually=20 denom-inated, are all distinctly enumerated in the policy. And no loss, = however=20 great or unforeseen, can be a loss with the policy, unless it be the = direct and=20 immediate consequence of one or more of these perils, Marsh. Ins. B, 1, = c. 12.=20 As to the risks which are within the common policy, see Marsh. Ins. c. = 7, s.=20 2.

3. Every loss is either total or partial.

4. The term total loss is understood in two different senses; natural = and=20 legal. In its natural sense it signifies the complete and absolute = destruction=20 of the thing inured. In its legal sense, it means, not merely the entire = de-struction or deprivation of the thing insured, but also such damage = to it,=20 though it specifically remain, as renders it of little or no value to = the owner.=20 A loss is also deemed total, if, by the happening of any of the perils = or=20 misfortunes insured against, the voyage be lost, or be not worth = pursuing, and=20 the projected adventure be frustrated; or if the value of what he saved, = be less=20 than the freight. See Dougl. 231; 1 T. R. 608; Id. 187; Str. 1065; 13 = East, R.=20 323; 2 M. & S 374 1 N. R. 236; 1 Wils. 191; 4 T. R. 785 9 East, R. = 283; 3 B.=20 & P. 388; Marsh. Ins. B. 1, c. 12; 1 T. R. 187.

5. A partial loss, is any loss or damage short of, or not amounting = to a=20 total loss, for if it be not the latter it must be the former. See 4 = Mass. 374;=20 6 Mass. 102; Id, 122; Id. 317; 7 Mass. 349; 9 Mass. 20; 12 Mass. 170; 12 = Mass.=20 288; 6 Mass. 479; 8 Mass. 494; 10 Johns. Rep. 487; 8 Johns. 237; 5 Binn. = 595; 2=20 Serg. & Rawle, 553.

6. Partial losses are sometimes denominated average losses, because = they are=20 often in the nature of those losses which are the subject of average=20 contributions; and they are distinguished into general and particular = averages.=20 See tit. Average.

7. Losses are occasioned in a variety of ways but most usually by the = following: 1. By perils of the sea. See tit. Perils of the Sea. 2. By = collision,=20 as where one ship drives against, or runs foul of another. Marsh. Ins. = B. 1, c.=20 12, s. 2. 3. By fire. Marsh. B. 1, c. 12, s. 3. 4. By capture. See tit. = Capture;=20 Marsh. Ins. B. 1. c. 12, s. 4; 2 Caines' C. Err. 158; 7 Johns. R. 449; = 13 Johns.=20 R. 161; 14 Johns. R. 227; 3 Wheat. 183; 4 Cranch, 43; 6 Mass. 197. 5. By = detention of princes. By the terms of the policy, the insurer is liable = for all=20 loss occasioned by "arrest or detainments of all kings, princes, and = people, of=20 what nation, condition, or quality soever." Under these words, the = insurers are=20 liable for all losses occasioned by arrests or detention of the ship, or = goods=20 insured, by the authority of any prince or public body claiming to = exercise=20 sovereign power, under what pretence soever. Marsh. Ins. B. 1, c. 12, s. = 5. See=20 Embargo; People. 6. By Barratry. Marsh. Ills. B. 1, c. 12, s. 6. See = tit.=20 Barratry; 2 Caines' R. 67; Id. 222; 3 Caines' Rep. 1; 1 Johns. R. 229; 8 = Johns.=20 R. 209, 2d edit.; 5 Day, 1; 11 Johns. Rep. 40; 13 Johns. Rep. 451; 2 = Binn. 574;=20 2 Dall. 137; 8 Cranch, 39; 3 Wheat. 168. 7. By average by contribution. = See=20 Marsh. Ins. B. 1, c. 12, s. 7; this Dict. tit. Average. 8., By salvage. = See tit.=20 Salvage; Marsh. Ins. B. 1, c. 12, s. 8. 9. By the death of animals. If = animals,=20 such as horses, cattle, or beasts or birds of curiosity, be insured in = their=20 passage by sea, their death, occasioned by tempests, by the shot of an = enemy, by=20 jettison in a storm, or by any other extraordinary accident, occasioned = by the=20 perils enumerated in the policy, is a loss for which the underwriters = are=20 liable. Not so, if it be occasioned by mere disease or natural death. = Marsh.=20 Ins. B. 1, c. 12, s. 10. 10. By fraud. Marsh. Ins. B. 1, c. 12, s. 11. = See,=20 generally, Com. Dig. Merchant, E 9, n; Bac. Abr. Merchant, 1. 5

LOST. What was once possessed and cannot now be found.

2. When a bond or other deed was lost, formerly the obligee or = plaintiff was=20 compelled to go into equity to seek relief, because there was no remedy = a law,=20 the plaintiff being required to make profert in his declaration. 1 Chan. = c. 7T.=20 But in process of time courts of law dispensed with profert in such = cases, and=20 thereby obtained concurrent jurisdiction with the courts of chancery, so = that=20 now the loss of any paper, other than a negotiable note, will not = prevent the=20 plaintiff from recovering at law as well as in equity. 3 Atk. 214; 1 = Ves. 341; 5=20 Ves. 235; 6 Ves. 812, 7 Ves. 19; 3 V. & B. 54.

3. When a negotiable note has been lost, equity will grant relief. In = such=20 case the claimant must tender an indemnity to the debtor, and file a = bill in=20 chancery to compel payment. 7 B. & C. 90; Ryan & Mo. 90; 4 = Taunt. 602; 2=20 Ves. sen. 327; 16 Ves. 430.

LOST PAPERS. When a paper containing an agreement between = parties, a=20 will, and the like, has been so mislaid, that after a diligent search it = cannot=20 be found, it is said to be lost.

2. When such a document has been lost, and it is required to prove = its=20 contents, the party must prove that he has made diligent search, and, in = good=20 faith, exhausted all sources of information accessible to him. For this = purpose=20 bis own affidavit is sufficient. 1 Atk. 446; 1 Greenl. Ev. =A7349. On = being=20 satisfied of this, the court will allow secondary evidence to be given = of its=20 contents. See Evidence.

3. Even a will proved to be lost, may be admitted to probate, upon = secondary=20 evidence. 1 Greenl. Ev. =A784, 509, 575; 2 Greenl. Ev. =A7668, a, 2d ed. = But the=20 fact of the loss must be proved by the clearest evidence, because it may = have=20 been destroyed by the testator animo revocandi. 8 Mete. 487; 2 Addams, = 223; 6=20 Wend. 173; 1 Hagg. Eccl. R. 115; 3 Pick. 67; 5 B. Munroe, 58; 2 Curt. = 913.=20

LOST OR NOT LOST. These words are sometimes inserted in policies of = marine=20 insurance. They are used when the underwriter undertakes that if the = ship or=20 goods should be lost at the time of the insurance, still the underwriter = is=20 liable, provided there is no fraud. Moll. B. 2, c. 7, s. 5; Hildy. on = Mar. Ins.=20 10.

LOT. Anything on which depends the accidental determination of = a right=20 by which we acquire or lose something; or it is that which fortuitously=20 deter-mines what we are to acquire. When it can be certainly known what = are our=20 rights, we ought never to resort to a decision by lot; but when it is = impossible=20 to tell what actually belong to us, as if an estate is divided into = three parts=20 and one part given to each of three persons, the proper way to ascertain = each=20 one's part is to draw lots. Wolff, Dr. &c., de la Nat. =A7669.

LOT OF GROUND. A small piece of land in a town or city usually = employed for building, a yard, a garden or such other urban use. Lots = are=20 in-lots, or those within the boundary of the city or town, and out-lots, = those=20 which are out of such boundary, and which are used by some of the = inhabitants of=20 such town or city.

LOTTERY. A scheme for the distribution of prizes by = chance.

2. In most, if not all of the United States, lotteries not specially=20 authorized by the legislatures of the respective states are prohibited, = and the=20 persons concerned in establishing them are subjected to a heavy penalty. = This is=20 the case in Alabama, Connecticut Delaware, Georgia, Kentucky, Maryland,=20 Massachusetts, Mississippi, New York, Ohio, Pennsylvania, Rhode Island,=20 Tennessee, Vermont and Virginia. ln Louisiana, a license is granted to = sell=20 tickets in a lottery not authorized by the legislature of that state, on = the=20 payment of $5000, and the license extends only to one lottery. In many = of the=20 states, the lotteries authorized by other states, are absolutely = prohibited=20 Encycl. Amer. h. t.

LOUISIANA. The name of one of the new states of the United = States of=20 America. This state was admitted into the Union by the act of congress, = entitled=20 "An act for the admission of the state of Louisiana into the Union, and = to=20 extend the laws of the United States to the said state," approved April = 8, 1812,=20 2 Story's L. U. S. 1224; the preamble of which recites and the first = section=20 enacts as follows, namely:

2. Whereas the representatives of the people of all that part of the=20 territory or country ceded, under the name of "Louisiana," by the treaty = made at=20 Paris, on the thirtieth day of April, one thousand eight hundred and = three,=20 between the United States and France, contained within the following = limits;=20 that is to say: beginning at the mouth of the river Sabine; thence, by a = line to=20 be drawn along the middle of said river, including all islands to the=20 thirty-second degree of latitude; thence, due north, to the northernmost = part of=20 the thirty-third degree of north latitude, thence, along the said = parallel of=20 latitude, to the river Mississippi; thence, down the said river, to the = river=20 Iberville; and from thence, along the middle of the said river, and = lakes=20 Maurepas and Ponchartrain, to the gulf of Mexico; thence, bounded by the = said=20 gulf, to the place of beginning; including all islands within three = leagues of=20 the coast; did, on the twenty-second day of January, one thousand eight = hundred=20 and twelve, form for themselves a constitution and state government, and = give to=20 the said state the name of the state of Louisiana, in pursuance of an = act of=20 congress, entitled "An act to enable the people of the territory of = Orleans to=20 form a constitution and state government, and for the admission of the = said=20 state into the Union, on an equal footing with the original states, and = for=20 other purposes: And the said constitution having been transmitted to = congress,=20 and by them being hereby approved; therefore,

3. - =A71. Be it enacted, &c. That the said state shall be one, = and is=20 hereby declared to be one of the United Staies of America and admitted = into the=20 Union on an equal footing with the original states, in all respects = whatever, by=20 the name and title of the state of Louisiana: Provided, That it shall be = taken=20 as a condition upon which the said state is incorporated in the Union, = that the=20 river Mississippi, and the navigable rivers and waters leading into the = same,=20 and into the Gulf of Mexico, shall be common highways, and forever free, = as well=20 to the inhabitants of the said state as to the inhabitants of other = states, and=20 the territories of the United States, without any tax, duty, impost, or = toll,=20 therefor, imposed by the said state; and that the above con- dition, and = also=20 all other the conditions and terms contained in the third section of the = act,=20 the title whereof is hereinbefore recited, shall be considered, deemed, = and=20 taken, fundamental conditions and terms, upon which the said state is=20 incorporated in the Union. See 11 M. R. 309.

4. By the present constitution of the state of Louisiana, which was = adopted=20 in 1845; the powers of the government of the state of Louisiana, are = divided=20 into three distinct departments, each of them confined to a separate = body of=20 magistracy, to wit: The legislative to one, the executive to another, = and the=20 judicial to a third. Title I.

5.-1st. The legislative power is vested in a general assembly, which = consists=20 of a senate and house of representatives.

6. - =A71. The senate will be considered with reference to the = qualification of=20 the electors; the qualification of the members the length of time for = which they=20 are elected and the time of their election. 1. In all elections by the = people,=20 every free white male, who has been two years a citizen of the United = States,=20 who has attained the age of twenty-one years, and resided in the state = two=20 consecutive years next preceding the election, and the last year thereof = in the=20 parish in which he offers to vote, shall have the right of voting: = Provided,=20 That no person shall be deprived of the right of voting, who, at the = time of the=20 adoption of this constitution, was entitled to that right under the = constitution=20 of 1812. Absence from the state for more than ninety conse- cutive days, = shall=20 interrupt the acquisition of the residence required in the preceding = section,=20 unless the person absenting himself shall be a housekeeper, or shall = occupy a=20 tenement for carrying on business, and his dwelling house or tenements = for=20 carrying on business, be actually occupied during his absence, by his = family or=20 servants, or some portion thereof, or by some one employed by him. No = soldier,=20 seaman, or marine in the army or navy of the United States, no pauper, = no person=20 under interdiction, nor under conviction of any crime punishable by hard = labor,=20 shall be entitled to vote at any election in this state. 2. No person = shall be a=20 senator, who, at the time of bis election, has not been a citizen of the = United=20 States ten years, and who has not attained the age of twenty-seven years = and=20 resided in the state four years next preceding his election, and the = last year=20 thereof, in the district in which he may be chosen. The number of = senators shall=20 be thirty-two. 3. The members of the senate shall be chosen for the term = of four=20 years. 4. Their election takes place on the first Monday in November, = every two=20 years, so that one half of their number are elected every two years, and = a=20 perpetual rotation thereby kept up.

7. - =A72. The house of representatives will be treated of in the = same manner=20 as that of the senate. 1. The electors are qualified in the same manner = as those=20 of the senate. 2. No person shall be a representative, who, at the time = of his=20 election, is not a free white male, and has not been for three years a = citizen=20 of the United States, and has not attained the age of twenty-one years, = and=20 resided in the state for three years next preceding the election, and = the last=20 year thereof in the parish for which he may be chosen. The number of=20 representatives shall not be more than one hundred, nor less than = seventy. 3.=20 They are chosen every two years. 4. Their election is on the first = Monday in=20 November, every two years. Title II.

8. - 2d. The supreme executive power of the state shall be vested in = a chief=20 magistrate, who shall be styled the governor of the state of Louisiana. = He is=20 elected by the qualified electors at the time and place of voting for=20 representatives; the person having the greatest number of votes, shall = be=20 declared elected. But if two or more persons shall be equal in the = highest=20 number of votes polled, one of them shall immediately be chosen governor = by the=20 joint vote of the members of the general assembly. 2. No person shall be = eligible to the office of governor, who shall not have attained the age = of=20 thirty-five years, been fifteen years a citizen of the United States, = and a=20 resident within the state for the same space of time next preceding his=20 election. 3. He shall hold his office during the term of four years, but = shall=20 be ineligible for the succeeding four years after its termination. 4. = His=20 principal functions are as follows: He shall be commander-in-chief of = the army=20 and navy of this state, and of the militia thereof, except when they = shall be=20 called into the service of the United States. He shall take care that = the laws=20 be faithfully executed. From time to time give to the general assembly=20 information respecting the situation of the state, and recommend to = their=20 consideration such measures as he may deem expedient. Shall have power = to grant=20 reprieves for all offences against the state. With the consent of the = senate,=20 have power to grant pardons and remit fines and forfeitures, after = conviction,=20 except in cases of impeachment. In cases of treason, may grant reprieves = until=20 the end of the next session of the general assembly, in which the = pardoning=20 power shall be vested. Shall nominate, and by and with the advice and = consent of=20 the senate, appoint all officers established by this constitution, whose = mode of=20 appointment is not otherwise prescribed by the constitution, nor by the=20 legislature. Have power to fill vacancies during the recess of the = senate,=20 provided he appoint no one whom the senate have rejected for the same = office.=20 May, on extraordinary occasions convene the general asserably at the = seat of=20 government, or at a different place, if that should have become = dangerous from=20 an enemy or from an epidemic; and in case of disagreement between the = two houses=20 as to the time of adjournment, he may adjourn them to such time as he = may think=20 proper, not exceeding four months. He shall have the veto power. Title = III.

9. - 3d. The judicial power is vested by title IV of the = constitution, as=20 follows:

10. - =A71. The judicial power shall be vested in a supreme court, in = district=20 courts, and in justices of the peace.

11. - =A72. The supreme court, except in cases hereinafter provided, = shall have=20 appellate jurisdiction only, which jurisdiction shall extend to all = cases when=20 the matter in dispute shall exceed three hundred dollars, and to all = cases in=20 which the constitutionality or legality of any tax, toll, or impost of = any kind=20 or nature soever, shall be in contestation, whatever may be the amount = thereof;=20 and likewise to all fines, forfeitures, and penalties imposed by = municipal=20 corporations, and in criminal cases on questions of law alone, whenever = the=20 punishment of death or hard labor may be inflicted, or when a fine = exceeding=20 three hundred dollars is actually imposed.

12. - =A73. The supreme court shall be composed of one chief justice, = and of=20 three associate justices, a majority of whom shall constitute a quorum. = The=20 chief justice shall receive a salary of six thousand dollars, and each = of the=20 associate judges a salary of five thousand five hundred dollars = annually. The=20 court shall appoint its own clerks. The judges shall be appointed for = the term=20 of eight years.

13. - =A74. When the first appointments are made under this = constitution, the=20 chief justice shall be appointed for eight years, one of the associate = judges=20 for six years, one for four years, and one for two years and in the = event of the=20 death, resignation, or removal of any of said judges before the = expiration of=20 the period for which he was appointed, his successor shall be appointed = only for=20 the remainder of his term; so that the term of service of no two of said = judges=20 shall expire at the same time.

14. - =A75. The supreme court shall hold its sessions in New Orleans, = from the=20 first Monday of the month of November, to the end of the month of June,=20 inclusive. The legislature shall have power to fix the sessions = elsewhere during=20 the rest of the year; until otherwise provided, the sessions shall be = held as=20 heretofore.

15. - =A76. The supreme court, and each of the judges thereof, shall = have power=20 to issue writs of habeas corpus, at the instance of all persons in = actual=20 custody under process, in all cases in which they may have appellate=20 jurisdiction.

16. - =A77. In all cases in which the judges shall be equally divided = in=20 opinion, the judgment appealed from shall stand affirmed; in which case = each of=20 the judges shall give his separate opinions in writing.

17. - =A78. All judges, by virtue of their office, shall be = conservators of the=20 peace throughout the state. The style of all processes shall be, "The = State of=20 Louisiana." All prosecutions, shall be carried on in the name and by the = authority of the state of Louisiana, and conclude, against the peace and = dignity=20 of the same.

18. - =A79. The judges of all the courts within this state shall, as = often as=20 it may be possible so to do, in every definite judgment, refer to the = particular=20 law in virtue of which such judgment may be rendered, and in all cases = adduce=20 the reasons on which their judgment is founded.

19. - =A710. No court or judge shall make any allowance by way of fee = or=20 compensation in any suit or proceedings, except for the payment of such = fees to=20 ministerial officers as may be established by law.

20. - =A711. No duties or functions shall ever be attached by law to = the=20 supreme or district courts, or to the several judges thereof, but such = as are=20 judicial; and the said judges are prohibited from receiving any fees of = office=20 or other compensation than their salaries for any civil duties performed = by=20 them.

21. - =A712. The judges of all courts shall be liable to impeachment; = but for=20 any reasonable cause, which shall not be sufficient ground for = impeachment, the=20 governor shall remove any of them on the address of three-fourths of the = members=20 present of each house of the general assembly. In every such case the = cause or=20 causes for which such removal may be required, shall be stated at length = in the=20 address, and inserted in the journal of each house.

22. - =A713. The first legislature assembled under this constitution = shall=20 divide the state into judicial districts, which shall remain unchanged = for six=20 years, and be subject to reorganization every sixth year thereafter. The = number=20 of districts shall not be less than twelve, nor more than twenty. For = each=20 district one judge, learned in the law, shall be appointed, except in = the=20 districts in which the cities of New Orleans and Lafayette are situated, = in=20 which the legislature may establish as many district courts as the = public=20 interest may require.

23. - =A714. Each of the said judges shall receive a salary to be = fixed by law,=20 which shall not be increased or diminished during his term of office, = and shall=20 never be less than two thousand five hundred dollars annually. He must = be a=20 citizen of the United States, over the age of thirty years, and have = resided in=20 the state for six years next preceding his appointment, and have = practised law=20 therein for the space of five years.

24. - =A715. The judges of the district courts shall hold their = offices for the=20 term of six years. The judges first appointed shall be divided by lot = into three=20 classes, as nearly equal as can be, and the term of office of the judges = of the=20 first class shall expire at the end of two years, of the second class at = the end=20 of four years, and of the third class at the end of six years.

25. - =A716. The district courts shall have original jurisdiction in = all civil=20 cases when the amount in dispute exceeds fifty dollars, exclusive of = interest.=20 In all criminal cases, and in all matters connected with successions, = their=20 jurisdiction shall be unlimited.

26. - =A717. The jurisdiction of justices of the peace shall never = exceed, in=20 civil cases, the sum of one hundred dollars, exclusive of interest, = subject to=20 appeal to the district court in such cases as shall be provided for by = law. They=20 shall be elected by the qualified voters of each parish for the term of = two=20 years, and shall have such criminal jurisdiction as shall be provided = for by=20 law.

LOW WATER MARK. That part of the shore of the sea to which the = waters=20 re- cede when the tide is the lowest. Vide High Water Mark; River; Sea = Shore;=20 Dane's Ab. h. t.; 1 Halst. R. 1.

LOYAL. Legal; according to law; as, loyal matrimony, a lawful=20 marriage; at- tached to the existing law.

LOYALTY. That which adheres to the law, that which sustains an = existing government. See Penal Laws of China, 3.

LUCID INTERVAL, med. jur. That space of time between two fits = of=20 insanity, during which a person non compos mentis is completely restored = to the=20 perfect enjoyment of reason upon every subject upon which the mind was=20 previously cognizant. Shelf. on Lun. 70; Male's Elem. of Forensic = Medicine, 227;=20 and see Dr. Haslam on Madness, 46; Reid's Essays on Hypochondriasis, 317 = Willis=20 on Mental Derangement, 151.

2. To ascertain whether a partial restoration to sanity is a lucid = interval,=20 we must consider the nature of the interval and its duration. 1st. Of = its=20 nature.: "It must not," says D'Aguesseau, "be a superficial = tranquillity, a=20 shadow of repose, but on the contrary, a profound tranquillity, a real = repose;=20 it must not be a mere ray of reason, which only makes its absence more = apparent=20 when it is gone, not a flash of lightning, which pierces through the = darkness=20 only to render it more gloomy and dismal, not a glimmering which unites = night to=20 the day; but a perfect light, a lively and continued lustre, a full and = entire=20 day, interposed between two separate nights of the fury which precedes = and=20 follows it; and to use another image, it is not a deceitful and = faithless=20 stillness, which follows or forebodes a storm, but a sure and steady=20 tranquillity for a time, a real calm, a perfect serenity; without = looking for so=20 many metaphors to represent an idea, it must not be a mere diminution, a = remission of the complaint, but a kind of temporary cure, an = intermission so=20 clearly marked, as in every respect to resemble the restoration of = health." 2d,=20 Of its duration. "As it is impossible," he continues, "to judge in a = moment of=20 the qualities of an interval, it is requisite that there should be a = sufficient=20 length of time for giving a perfect assurance of the temporary = reestablishment=20 of reason, which it is not possible to define in general, and which = depends upon=20 the different kinds of fury, but it is certain there must be a time, and = a=20 considerable time." 2 Evan's Poth. on Oblig. 668, 669.

3. It is the duty of the party who contends for a lucid interval to = prove it;=20 for a person once insane is presumed so, until it is shown that he has a = lucid=20 interval or has recovered. Swinb. 77; Co. Litt. by Butler, n. 185; 3 = Bro. C. C.=20 443; 1 Rep. Con. Ct. 225; 1 Pet. R. 163; 1 Litt. R. 102. Except perhaps = the=20 alleged insanity was very long ago, or for a very short con- tinuance. = And the=20 wisdom of a testament, when it is proved that the party framed it = without=20 assistance, is a strong presumption of the sanity of a testator. 1 = Phill. R.=20 90;1 Hen. & Munf. 476.

4. Medical men have doubted of the existence of a lucid interval, in = which=20 the mind was completely restored to its sane state. It is only an = abatement of=20 the symptoms, they say, and not a removal of the cause of the disease; a = degree=20 of irritability of the brain remains behind which renders the patient = unable to=20 withstand any unusual emotion, any sudden provocation, or any unexpected = pressing emergency. Dr. Combe, Observations on Mental Derangement, 241; = Halsam,=20 Med. Jur. of Insanity, 224; Fodere, De Medecine Legale, tom, 1 , p. 205, = 140;=20 Georget, Des Maladies Mentales, 46; 2 Phillim. R. 90; 2 Hagg. Eccl. R. = 433; 1=20 Phillim. Eccl. R. 84.

See further, Godolph. 25; 3 Bro. C. C. 443; 11 Ves. 11; Com. Dig.=20 Testi-moigne, A 1; 1 Phil. Ev. 8; 2 Hale, 278; 10 Harg. State Tr. 478; = Erskine's=20 Speeches, vol. 5, p. l; 1 Fodere, Med. Leg. =A7 205.

LUCRE. Gain, profit. Cl. des Lois Rom. h. t.

LUCRI CAUSA. This is a Latin expression, which signifies that = the=20 thing to which it applies is done for the sake of gain.

2. It was supposed that when a larceny was committed the taking = should have=20 been lucri causa; but it has been considered that it is not necessary = the taking=20 should be lucri causa, if it be fraudulenter, with intent to wholly = deprive the=20 owner of the property. Russ. & Ry. 292; 2 RUSS.' on Cr. 92. 1 Car. = & K.=20 532. Vide Inst. lib. 4, t. 1, s. 1.

LUGGAGE. Such things as are carried by a traveller, generally = for his=20 personal accommodation; baggage. In England this word is generally used = in the=20 same sense that baggage is used in the United States. See Baggage.

LUNACY, med. jur. A disease of the mind, which is differently = defined=20 as it applies to a class of disorders, or only to one species of them. = As a=20 general term it includes all the varieties of mental, disorders, not=20 fatuous.

2. Lunacy is adopted as a general term, on account of its general use = as such=20 in various legislative acts and legal proceedings, as commissions of = lunacy, and=20 in this sense it seems to be synonymous with non compos mentis, or of = unsound=20 mind.

3. In a more restricted sense, lunacy is the state of one who has bad = understanding, but by discase, grief, or other accident, has lost the = use of=20 reason. 1 Bl. Com. 304.

4. The following extract from a late work, Stock on the Law of Non = Compotes=20 Mentis, will show the difficulties of discovering what is and what is = not=20 lunacy. "If it be difficult to find an appropriate definition or = comprehensive=20 name for the various species of lunacy," says this author, page 9, "it = is quite=20 as difficult to find anything approximating to a positive evidence of = its=20 presence. There are not in lunacy, as in fatuity, external signs not to = be=20 mistaken, neither is there that similarity of manner and conduct which = enables=20 any one, who has observed instances of idiocy or imbecility, to detect = their=20 presence in all subsequent cases, by the feebleness of perception and = dullness=20 of sensibility common to them all. The varieties of lunacy are as = numerous as=20 the varieties of human nature, its excesses commensurate with the force = of human=20 passion, its phantasies coextensive with the range of human intellect. = It may=20 exhibit every mood from the most serious to the most gay, and take every = tone=20 from the most sublime to the most ridiculous. It may confine itself to = any=20 trifling feeling or opinion, or overcast the whole moral and mental=20 conformation. It may surround its victim with unreal persons and events, = or=20 merely cause him to regard real persons and events with an irrational = favor or=20 dislike, admiration or contempt. It may find satisfaction in the most = innocent=20 folly, or draw delight from the most atrocious crime. It may lurk so = deeply as=20 to elude the keenest search, or obtrude so openly as to attract the most = careless notice. It may be the fancy of an hour, or the distraction of a = whole=20 life. Such being the fact, it is not surprising that many scientific and = philosophical men have vainly exhausted their observation and ingenuity = to find=20 out some special quality, some peculiar mark or characteristic common to = all=20 cases of lunacy, which might serve at least as a guide in deciding on = its=20 absence or presence in individual instances. Being hopeless of a = definition,=20 they would willingly have contented themselves with a test, but even = this the=20 obscurity and difficulty of the subject seem to forbid.

5. Lord Erskine, who, in his practice at the bar, had his attention = drawn=20 this way, from being engaged in some of the most remarkable trials of = his time=20 involving questions of lunacy, has given as his test, "a delusive image, = the=20 inseparable companion of real insanity," (Ersk. Misc. Speeches) and Dr. = Haslam,=20 whose opportunities of observation have surpassed most other persons, = has=20 proposed nearly the same, by saying that "false belief is the essence of = insanity." (Haslam on Insanity.) Sir John Nicholl, in his admirable = judgment in=20 the case of Dew v. Clark, thus expresses himself: "The true criterion = is, where=20 there is delusion of mind there is insanity; that is, when persons = believe=20 things to exist, which exist only, or at least, in that degree exist = only in=20 their own imagimation, and of the non-existence of which neither argment = nor=20 proof can convince them; they are of unsound mind; or as one of the = counsel=20 accurately expressed it, it is only the belief of facts, which no = rational=20 person could have believed, that is insane delusion." (Report by = Haggard, p. 7.)=20 Useful as these several remarks are, they are not absolutely true. It is = indeed=20 beyond all question that the great majority of lunatics indulge in some=20 "delusive image," entertain some "false belief." They assume the = existence of=20 things or persons which do not exist, and so yield to a delusive image, = or they=20 come to wrong conclusions about persons and things which do exist, and = so fall=20 into a false belief. But there is a class of cases where lunacy is the = result of=20 exclusive indulgence in particular trains of thought or feeling, where = these=20 tests are sometimes wholly wanting, and yet where the entire absorption = of the=20 faculties in one pedominant idea, the devotion of all the bodily and = mental=20 powers to one useless or injurious purpose, prove that the mind has lost = its=20 equilibrium. With some passions, indeed, such as self-esteem and fear, = what was=20 at first an engrossing sentiment, will often go on to a positive = delusion; the=20 self-adoring egotist grows to fancy himself a sovereign or a deity; the = timid=20 valetudinarian becomes the prey of imaginary diseases, the victim of = unreal=20 persecutions. But with many other passions, such as desire, avarice or = revenge,=20 the neglect and forgetfulness of all things save one, the insensibility = to all=20 restraints of reason, morality, or prudence, often proceed to such an = extent as=20 to justify holding an individual as a lunatic, incapable of all = self-restraint,=20 although, strictly speaking, not possessed by any delusive image or = false=20 belief. Much less do these tests apply to many cases of irresistible = propensity=20 to acts wholly irrational, such as to murder or to steal without the = smallest=20 assignable motive, which, rare as they are, certainly occur from time to = time,=20 and cannot but be held as an example of at least partial and temporary = lunacy.=20 It is to cases where no false belief or image can be detected, that the = remark=20 of Lord Erskine is more particularly applicable; "they frequently mock = the=20 wisdom of the wisest in judicial trials," (Ersk. Misc. Speeches,) and = were not=20 the paramount object of all legal punishment the benefit of the = community, which=20 makes it inexpedient to spare offenders against the law, if insanity be = the=20 ground of their de-fence, except upon the clearest proof, lest skilful=20 dissemblers should thereby be led to hope for impunity, very subtle = questions=20 might no doubt be raised as to the degree of moral responsibility and = mental=20 sanity attaching to the perpetrators of many atrocious acts, seeing that = they=20 often commit them tinder temptations quite inadequate to allure men of = common=20 prudence, or under passions so violent as to suspend altogether the = operations=20 of reason or free will. For as it is impossible to obtain an accurate = definition=20 of lunacy, so it is manifestly so, to draw the line correctly between it = and its=20 opposite rationality, or, to borrow the words of Chief Justice Hale, (1 = Hale's=20 P. C. p. 30,) "Doubtless most persons that are felons, of themselves and = others,=20 are under a degree of partial insanity when they commit those offences. = It is=20 very difficult to define the indivisible line that divides perfect and = partial,=20 insanity; but it must rest on circumstances duly to be weighed and = considered=20 both by the judge and jury, lest on one side there be a kind of = inhumanity=20 towards the defects of human nature, or on the other side too great an=20 indulgence given to great crimes."

LUNAR. That which belongs to the moon; relating to the moon as = a lunar=20 month. See Month.

LUNATIC, persons. One who has had an understanding, but who, = by=20 disease, grief, or other accident, has lost the use of his reason. A = lunatic is=20 properly one who has had lucid intervals, sometimes enjoying his senses, = and=20 sometimes not. 4 Co. 123; 1 Bl. Com. 304; Bac. Abr. Idiots, &c., A; = 1 Russ.=20 on Crimes, 8; Shelf. on Lun. 4; Merlin, mot Demence; Fonbl. Eq. Index, = h. t.; 15=20 Vin. Ab. 131; 8 Com. Dig. 721; 1 Supp. to Ves. jr. 94, 130, 369, 404; 2 = Supp. to=20 Ves. jr. 51, 106, 151, 360; 1 Vern. 9, 137, 262; Louis. Code, tit. 9, c. = 1; and=20 articles Lucid Interval; Lunacy.

LYING IN GRANT. Incorporeal rights and things which cannot be=20 transferred by livery of possession, but which exist only in idea, in=20 contemplation of law, are said to lie in grant, and pass by the mere = delivery of=20 the deed. Vide Grant; Livery of Seisin; Seisin.

LYING IN WAIT. Being in ambush for the purpose of murdering=20 another.

2. Lying in wait is evidence of deliberation and intention.

3. Where murder is divided into degrees, as in Pennsylvania, lying in = wait is=20 such evidence of malice, that it makes the killing, when it takes place, = murder=20 in the first degree. Vide. Dane's Ab. Index, h. t.

LYNCH-LAW. A common phrase used to express the vengeance of a = mob,=20 inflicting an injury, and committing an outrage upon a person suspected = of some=20 offence. In England this is called Lidford Law. Toml.L. Dict. art. = Lidford=20 Law.

Index

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