Bouvier's Law Dictionary, 1856 Edition

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Bouvier's Law Dictionary
1856 Edition

VACANCY. A place which is empty. The term is principally = applied to=20 cases where an office is not filled.

2. By the constitution of the United States, the president has the = power to=20 fill up vacancies that may happen during the recess of the senate. = Whether the=20 president can create an office and fill it during the recess of the = senate,=20 seems to have been much questioned. Story, Const. =A71553. See Serg. = Const. Law,=20 ch. 31; 1 Breese, R. 70.

VACANT POSSESSION, estates. An estate which has been abandoned = by the=20 tenant; the abandonment must be complete in order to make the possession = vacant,=20 and therefore if the tenant have goods on the premises, it will not be = so=20 considered. 2 Chit. Rep. 17 7; 2 Str. 1064; Bull. N. P. 97; Comyn on = Landl.=20 & Ten. 507, 517.

VACANT SUCCESSION. An inheritance for which the heirs are = unknown.

VACANTIA, BONA, civil law. Goods without an owner. Such goods=20 escheat.

TO VACATE. To annul, to render an act void; as to vacate an = entry=20 which has been made on a record when the court has been imposed upon by = fraud,=20 or taken by surprise.

VACATION. That period of time between the end of one term and=20 beginning of another. During vacation, rules and orders are made in such = cases=20 as are urgent, by a judge at his chambers.

VACCARIA, old Engl. law. A word which is derived from vacca, a = cow,=20 and signifies a dairy-house. Co. Litt. 5 b.

VADIUM, contracts. A pledge, or surety.

VADIUM MORTUUM, contracts. A mortgage or dead-pledge; it is a = security=20 given by the borrower of a sum of money, by which he grants to the = lender an=20 estate in fee, on condition that if the money be not repaid at the time=20 appointed, the estate so put in pledge shall continue to the lender as = dead or=20 gone from the mortgagor. 2 Bl. Com. 257; 1 Pow. Mortg. 4.

VADIUM VIVUM, contracts. A species of security by which the = borrower=20 of a sum of money, made over his estate to the lender, until he had = received=20 that sum out of the issues and profits of the land; it was so called = because=20 neither the money nor the lands were lost, and were not left in lead = pledge, but=20 this was a living pledge, for the profits of the land were constantly = paying off=20 the debt. Litt. sect. 206; 1 Pow. on Mort. 3; Termes de la Ley, h. = t.

VAGABOND. One who wanders about idly, who has no certain = dwelling. The=20 ordonnances of the French define a vagabond almost in the same terms. = Dalloz,=20 Dict. Vagabondage. See Vattel, liv. 1, =A7219, n.

VAGRANT. Generally by the word vagrant is understood a person = who=20 lives idly without any settled home; but this definition is much = enlarged by=20 some sta-tutes, and it includes those who refuse to work, or go about = begging.=20 See 1 Wils. R. 331; 5 East, R. 339: 8 T. R. 26.

VAGUENESS. Uncertainty.

2. Certainty is required in contracts, wills, pleadings, judgments, = and=20 indeed in all the acts on which courts have to give a judgment, ana if = they be=20 vague, so as not to be understood, they are in general invalid. 5 B. = & C.=20 583; 1 Russ. & M. 116 1 Ch. Pract. 123. A charge of "frequent = intemperance"=20 and "habitual indolence" are vague and too general. 2 Mart. Lo. Rep. N. = S. 530.=20 See Certainty; Nonsense; Uncertainty.

VALID. An act, deed, will, and the like, which has received = all the=20 formalities required by law, is said to be valid or good in law.

VALUABLE CONSIDERATION, contracts. An equivalent for a thing=20 purchased. Vide Vin. Ab. Consideration, B; 2 Bl. Com. 297; = Consideration.

VALUATION. The act of ascertaining the worth of a thing; or it = is the=20 esti-mated worth of a thing.

2. It differs from price, which does not always afford a true = criterion of=20 value, for a thing may be bought very dear or very cheap. In some = contracts, as=20 in the case of bailments or insurances, the thing bailed or insured is = sometimes=20 valued at the time of making the contract, so that if lost, no dispute = may arise=20 as to the amount of the loss. 2 Marsh. Ins. 620; 1 Caines, 80; 2 Caines = 30;=20 Story, Bailm. =A7253, 4; Park Ins. 98; Wesk. Ins. h. t.; Stev. on Av. = part 2; Ben.=20 on Ins. ch. 4.

VALUE, common law. This term has two different meanings. It = sometimes=20 expresses the utility of an object, and some times the power of = purchasing other=20 good with it. The first may be called value in use, the latter value in=20 exchange.

2. Value differs from price. The latter is applied to live cattle and = ani-mals; in a declaration, therefore, for taking cattle, they ought to = be said=20 to be of such a price; and in a declaration for taking dead chattels or = those=20 which never had life, it ought to lay them to be of such a value. 2 = Lilly's Ab.=20 620.

VALUE RECEIVED. This phrase is usually employed in a bill of = exchange=20 or promissory note, to denote that a consideration has been given for = it.

2. The expression value received, when put in a bill of exchange, = will bear=20 two interpretations: the drawer of the bill may be presumed to = acknowledge the=20 fact that he has received value of the payee; 3 M. & S. 351; or when = the=20 bill has been made payable to the order of the drawer, it implies that = value has=20 been received by the acceptor. 5 M. & S. 65. In a promissory note, = the=20 expression imports value received from the payee. 5 B. & C. 360.

VALUED POLICY. A valued policy is one where the value has been = set on=20 the ship or goods insured, and this value has been inserted in the = policy in the=20 nature of liquidated damages, to save the necessity of proving it in = case of=20 loss. 1 Bouv. Inst. n. 1230.

VARIANCE, pleading, evidence. A disagreement or difference = between two=20 parts of the same legal proceeding, which ought to agree together. = Variances are=20 between the writ and the declaration, and between the declaration and = the=20 evidence.

2. - 1. When the variance is a matter of substance, as if the writ = sounds in=20 contract, and the other in tort, and e converso, or if the writ demands = one=20 thing or subject, and the declaration another, advantage may be taken of = it,=20 even in arrest of judgment; for it is the writ which gives authority to = the=20 court to proceed in any given suit, and, therefore, the court can have = no=20 authority to hear and determine a cause substaatially different from = that in the=20 writ. Hob. 279; Cro. Eliz. 722. But if the variance is in matter of mere = form,=20 as in time or place, when that circumstance is immaterial, advantage can = only be=20 taken of it by plea in abatement. Yelv. 120; Latch. 173; Bac. Ab. = Abatement, I;=20 Gould, Pl. c. 5, =A798 1 Chit. Pl. 438.

3. - 2. A variance by disagreement in some particular point or points = only=20 between the allegation and the evidence, when upon a material point, is = as fatal=20 to the party on whom the proof lies, as a total failure of evidence. For = example; the plaintiff declared in covenant for not repairing, pursuant = to the=20 covenant in a lease, and stated the covenant, as a covenant to "repair = when and=20 as need should require;" and issue was joined on a traverse of the deed = alleged.=20 The plaintiff at the trial produced the deed in proof, and it appeared = that the=20 covenant was to "repair when and as need should require, and at farthest = after=20 notice:" the latter words having been omitted in the declaration. This = was held=20 to be a variance, because the additional words were material, and = qualified the=20 effect of the contract. 7 Taunt. 385. But a variance in mere form or in = matter=20 quite immaterial, will not be regarded. Str. 690. Vide 1 Vin. Ab. 41; 12 = Vin.=20 Ab. 63; 21 Vin. Ab. 538 Com. Dig. Abatement, G 8, H 7; Id.; Amendment, D = 7, 8, V=20 3: Bail, R 7; Obligation, B 4; Pleader, C 14, 15, L 24, 30; Record, C, = D, F;=20 Phil. Ev. Index, 11. t. Stark. Ev. Index, h. t., Roscoe's Ev. Index, h. = t.; 18=20 E. C. L. R. 139, 149, 153 1 Dougl. 194; 2 Salk. 659; Harr. Dig. h. t. = Chit. Pl.=20 Index, h. t.; United States Dig. Pleading II, d and e; Bouv. Inst. = Index: h. t.=20

VASSAL, feudal law. This was the name given to the holder of a = fief,=20 bound to perform feudal service; this word was then always correlative = to that=20 of lord, entitled to such service.

2. The vassal himself might be lord of some other vassal.

3. In aftertimes, this word was used to signify a species of slave = who owed=20 servitude, and was in a state of dependency on a superior lord. 2 Bl. = Com. 53;=20 Merl. Repert. h. t.

VECTIGALIA. Among the Romans this word signified duties which = were=20 paid to the prince for the importation and exportation of certain = merchandise.=20 They differed from tribute, which was a tax paid by each individual . = Code, 4,=20 61, 5 and 13.

VEJOURS. An obsolete word, which signified viewers or experts. = (q. v.)=20

VENAL. Something that is bought. The term is generally applied = in a=20 bad sense; as, a venal office is an office which has been purchased. =

VENDEE, contr. A purchaser; (q. v.) a buyer.

VENDITION. A sale; the act of selling.

VENDITIONI EXPONAS, practice. That you expose to sale. The = name of a=20 writ of execution, directed to the sheriff, commanding him to sell goods = or=20 chattels, and in some states, lands, which he has taken in execution by = virtue=20 of a fieri facias, and which remain unsold.

2. Under this writ the sheriff is bound to sell the property in his = hands,=20 and he cannot return a second time, that he can get no buyers. Cowp. = 406; and=20 see 2 Saund. 47, 1. 2 Chit. Rep. 390; Com. Dig. Execution, C 8; Grab. = Pr. 359; 8=20 Bouv. Inst. n. 3395.

VENDOR, contracts. A seller. (q. v.) One wbo disposes of a = thing in=20 consideration of money. Vide Purchaser; Seller.

VENIRE FACIAS, practice, crim. law. According to the English = law, the=20 proper process to be issued on an indictment for any petit misdemeanor, = on a=20 penal statute, is a writ called venire facias. 2. It is in the nature of = a=20 summons to cause the party to appear. 4 Bl. Com. 18 1 Chit. Cr. Law, = 351.

VENIRE, OR VENIRE PACIAS JURATORES, practice. The name of a = writ=20 directed to the sheriff commanding him to cause to come from the body of = the=20 county before the court from which it issued, on some day certain and = therein=20 specified, a certain number of qualified citizens wbo are to act as = jurors in=20 the said court. Steph. Pl. 104; 2 Graydon's Forms, 314; and see 6 Serg. = &=20 Rawle, 414; 21 Vin. Ab. 291; Com. Dig. Enquest, C 1, &c.; Id. = Pleader, 2=20 S 12, 3 0 20; Id. Process, D 8; 3 Chit. Pr. 797.

VENIRE FACIAS DE NOVO, practice. The name of a new writ of = venire=20 facias; this is awarded when, by reason of some irregularity or defect = in the=20 proceeding on the first venire, or the trial, the proper effect of that = which=20 has been frustrated, or the verdict become void in law: as, for example, = when=20 the jury has been improperly chosen, or an uncertain, ambiguous or = defective=20 verdict has been rendered. Steph. Pl. 120 21 Vin. Ab. 466 1 Sell. Pr. = 495.

VENTE A REMERE. A term used in Louisiana, which signifies a = sale made=20 reserving a right to the seller to repurchase the property gold by = returning the=20 price paid for it.

2. The time during which a repurchase may be made cannot exceed ten = years,=20 and if by the agreement it so exceed, it shall be reduced to ten years. = The time=20 fixed for redemption must be strictly adhered to and cannot be enlarged = by the=20 judge, nor exercised afterwards. Code 1545-1549.

3. The following is an instance, of a vente a remere. A sells to B, = for the=20 purpose of securing B against endorsement, with a clause that "whenever = A should=20 relieve B from such endorsements, without B's, having recourse on the = land, then=20 B would reconvey the same to A, for A's own use." This is a vente a = remere, and=20 until A releases B from his endorsements, the property is B's, and forms = no part=20 of A's estate. 7 N. S. 278. See 1 N. S. 528; 3 L. R. 153; 4 L. R. 142; = Troplong,=20 Vente, ch. 6; 6 Toull. p. 257.

VENTER or VENTRE. Signifies literally the belly. In law it is = used=20 figuratively for the wife: for example, a man has three children by the = first,=20 and one by the second venter.

2. A child is said to be in ventre sa mere before it is born; while = it is a=20 foetus.

VENTER INSPICIENDO, Eng. law. A writ directed to the sheriff, = commanding him=20 that, in the presence of twelve men, and as many women, he cause = examination to=20 be made, whether a woman therein named is with child or not; and if with = child,=20 then about what time it will be born; and that he certify the same. It = is=20 granted in a case when a widow, whose husband had lands in fee simple, = marries=20 again soon after her husband's death, and declares herself pregnant by = her first=20 husband and, under that pretext, withholds the lands from the next heir. = Cro.=20 Eliz. 506; Fleta, lib. 1, c, 15.

VENUE, pleading. The venue is the county from which the jury = are to=20 come, who are to try the issue. Gould, Pl. c. 3, =A7102; Archb. Civ. Pl. = 86.

2. As it is a general rule, that the place of every traversable fact = stated=20 in the pleadings must be distinctly alleged, or at least that some = certain place=20 must be alleged for every such fact, it follows that a venue must be = stated in=20 every declaration.

3. In local actions, in which the subject or thing to be recovered is = local,=20 the true venue must be laid; that is, the action must be brought in that = county=20 where the cause of action arose: among these are all real actions, and = actions=20 which arise out of some local subject, or the violation of some local = rights or=20 interest; as the common law action of waste, trespass quare clausum = fregit,=20 trespass for nuisances to houses or lands disturbance of right of way,=20 obstruction or diversion of ancient water courses, &c. Com. Dig. = Action, N=20 4; Bac. Abr. Actions Local, A a.

4. In a transitory action, the plaintiff may lay the venue in any = county he=20 pleases; that is, he may bring suit wherever he may find the defendant = and lay=20 his cause of action to have arisen there even though the cause of action = arose=20 in a foreign jurisdiction. Cowp. 161; Cro. Car. 444; 9 Johns. R. 67; = Steph. Pl.=20 306; 1 Chitty, Pl. 273; Archb. Civ. Pl. 86. Vide, generally, Chit. Pl. = Index, h.=20 t.; Steph. Pl. Index, h. t.; Tidd's Pr. Index, h. t.; Graham's Practice, = Index,=20 h. t.; Com. Dig. Abatement, H 13; Id. Action, N 13; Id. Amendment, H 1 = Id.=20 Pleader, S 9; 21 Vin. Ab. 85 to 169 1 Vern. 178; Yelv. 12 a; Bac. Ab. = Actions,=20 Local and Transitory, B; Local Actions; Transitory Actions.

VERAY. This is an ancient manner of spelling urai, true.

2. In the English law, there are three kinds of tenants: 1. Veray, or = true=20 tenant, who is one who holds in fee simple. 2. Tenant by the manner, (q. = v.) who=20 is one who has a less estate than a fee which remains in the = reversioner. 3.=20 Veray tenant by the manner, who is the same as tenant by the manner, = with this=20 difference only, that the fee simple, instead of remaining in the lord, = is given=20 by him or by the law to another. Hamm. N. P. 394.

VERAY TENANT, or TRUE TENANT, Eng. law. One who holds a fee = simple; in=20 pleadings, he is called simply tenant. He differs from a tenant by the = manner in=20 this, that the latter holds a less estate than a fee which remains in = the=20 reversioner.

2. A veray tenant by the manner is the same as tenant by the manner, = with=20 this difference only, that the fee simple, instead of remaining in the = land, is=20 given by him or by the law, to another. Ham. N. P. 394.

VERBAL. Parol; by word of mouth; as verbal agreement; verbal = evidence.=20 Not in writing.

VERBAL NOTE. In diplomatic language, memorandum or note not = signed,=20 sent when an affair has continued a long time without any reply, in = order to=20 avoid the appearance of an urgency, which, perhaps, the affair does not = require;=20 and, on the other hand, not to afford any ground for supposing that it = is=20 forgotten, or that there is no intention of not prosecuting it any = further, is=20 called a verbal note.

VERBAL PROCESS. In Louisiana, by this term is understood a = written=20 account of any proceeding or operation required by law, signed by the = person=20 commissioned to perform the duty, and attested by the signature of = witnesses.=20 Vide Proces Verbal.

VERDICT, Practice. The unanimous decision made by a jury and = reported=20 to the court on the matters lawfully submitted to them in the course of = the=20 trial of a cause.

2. Verdicts are of several kinds, namely, privy and public, general, = partial,=20 and special.

3. A privy verdict is one delivered privily to a judge out of court. = A=20 verdict of this kind is delivered to the judge after the jury have = agreed, for=20 the convenience of the jury, who after having given it, separate. This = verdict=20 is of no force whatever; and this practice being exceedingly liable to = abuse, is=20 seldom if ever allowed in the United States.

4. A public verdict is one delivered in open court. This verdict has = its full=20 effect, and unless set aside is conclusive on the facts, and when = judgment is=20 rendered upon it, bars all future controversy in personal actions. A = private=20 verdict must afterwards be given publicly in order to give it any = effect.

5. A general verdict is one by which the jury pronounce at the same = time on=20 the fact and the law, either in favor of the plaintiff or defendant. Co. = Lit.=20 228; 4 Bl. Com. 461; Code of Prac. of Lo. art. 519. The jury may find = such a=20 verdict whenever they think fit to do so.

6. A partial verdict in a criminal case is one by which the jury = acquit the=20 defendant of a part of the accusation against him, and find him guilty = of the=20 residue: the following are examples of this kind of a verdict, namely: = when they=20 acquit the defendant on one count and find him guilty on another, which = is=20 indeed a species of general verdict, as he is generally acquitted on one = charge,=20 and generally convicted on another; when the charge is of an offence of = a=20 higher, and includes one of an inferior degree, the jury may convict of = the less=20 atrocious by finding a partial verdict. Thus, upon an indictment for = burglary,=20 the defendant may be convicted of larceny, and acquitted of the = nocturnal entry;=20 upon an indictment for murder, he may be convicted of manslaugh-ter; = robbery may=20 be softened to simple larceny; a battery, into a common assault. 1 Chit. = Cr.=20 Law, 638, and the cases there cited.

7. A special verdict is one by which the facts of the case are put on = the=20 record, and the law is submitted to the judges. Lit. Sel. Cas. 376; = Breese, 176;=20 4 Rand. 504; 1 Hen. & Munf. 235; 1 Wash. C. C. 499; 2 Mason, 31. The = jury=20 have an option, instead of finding the negative or affirmative of the = issue, as=20 in a general verdict, to find all the facts of the case as disclosed by = the=20 evidence before them, and, after so setting them forth, to conclude to = the=20 following effect: "that they are ignorant, in point of law, on which = side they=20 ought upon those facts to find the issue; that if upon the whole matter = the=20 court shall be of opinion that the issue is proved for the plaintiff, = they find=20 for the plaintiff accordingly, and assess the damages at such a sum, = &c.;=20 but if the court are of an opposite opinion, then they find vice versa." = This=20 form of finding is called a special verdict. In practice they have = nothing to do=20 with the formal preparation of the special verdict. When it is agreed = that a=20 verdict of that kind is to be given, the jury merely declare their = opinion as to=20 any fact remaining in doubt, and then the verdict is adjusted without = their=20 further interference. It is settled, uncler the correction of the judge, = by the=20 counsel and, attorneys on either, side, according to the state of the = facts as=20 found by the jury, with respect to all particulars on which they have = delivered=20 an opinion, and, with respect to other particulars, according to the = state of=20 facts, which it is agreed, that they ought to find upon the evidence = before=20 them. The special verdict, when its form is thus settled is, together = with the=20 whole proceedings on the trial, then entered on record; and the question = of law,=20 arising on the facts found, is argued before the court in bank, and = decided by=20 that court as in case of a demurrer. If either party be dissatisfied = with their=20 decision, he may afterwards resort to a court of error. Steph. Pl. 113; = 1 Archb.=20 Pr. 189; 3 Bl. Com. 377; Bac. Abr. Verdict, D, E.

8. There is another method of finding a special verdict this is when = the jury=20 find a verdict generally for the plaintiff, but subject nevertheless to = the=20 opinion of the judges or the court above on a special case stated by the = counsel=20 on both sides with regard to a matter of law. 3 Bl. Com. 378; and see 10 = Mass.=20 R. 64; 11 Mass. R. 358. See, generally, Bouv. Inst. Index, h. t..

VERIFICATION, pleading. Whenever new matter is introduced on = either=20 side, the plea must conclude with a verification or averment, in order = that the=20 other party may have an opportunity of answering it. Carth. 337; 1 Lutw. = 201; 2=20 Wils. 66; Dougl. 60; 2 T. R. 576; 1 Saund, 103, n. 1; Com. Dig. Pleader, = E.

2. The usual verification of a plea containing matter of fact, is in = these=20 words, "And this he is ready to verify," &c. See 1 Chit. Pl. 537, = 616;=20 Lawes, Civ. Pl. 144; 1 Saund, 103, n. 1; Willes, R. 5; 3 Bl. Com. 309. =

3. In one instance however, new matter need not conclude with a = verification=20 and then the pleader may pray judgment without it; for example, when the = matter=20 pleaded is merely negative. Willes, R. 5; Lawes on Pl. 145. The reason = of it is=20 evident, a negative requires no proof; and it would therefore be = imper-tinent or=20 nugatory for the pleader, who pleads a negative matter, to declare his = readiness=20 to prove it.

VERIFICATION, practice. The examination of the truth of a = writing; the=20 certificate that the writing is true. Vide Authentication.

VERMONT. The name of one of the new states of the United = States of=20 America. lt was admitted by virtue of "An act for the admission of the = state of=20 Vermont into this Union," approved February, 18, 1791, 1 Story's L. U. = S. 169,=20 by which it is enacted, that the state of Vermont having petitioned the = congress=20 to be admitted a member of the United States, Be it enacted, &c., = That on=20 the fourth day of March, one thousand seven hundred and ninety-one, the = said=20 state, by the name and style of "the state of Vermont," shall be = received and=20 admitted into this Union, as a new and entire member of the United = States of=20 America.

2. The constitution of this state was adopted by a convention holden = at=20 Windsor on the ninth day of July, one thousand seven hundred and = ninety-three.=20 The powers of the government are divided into three distinct branches; = namely,=20 the legislative, the executive, and the judicial.

3. - 1. The supreme legislative power is vested in a house of = representatives=20 of the freemen of the commonwealth or state of Vermont, ch. 2, =A72. The = house of=20 representatives of the freemen of this state shall consist of persons = most noted=20 for wisdom and virtue, to be chosen by ballot, by the freemen of every = town in=20 this state respectively, on the first Tuesday in September, annually = forever.=20 Ch. 2, =A78. The representatives so chosen, a majority of whom shall = constitute a=20 quorum for transacting any other business than raising a state tax, for = which=20 two-thirds of the members elected shall be present, shall meet on the = second=20 Thursday of the succeeding October, and shall be styled The General = Assembly of=20 the State of Vermont: they shall have power to choose their speaker, = secretary=20 of state, their clerk, and other necessary officers of the house - sit = on their=20 own adjournrments prepare bills, and enact them into laws - judge of the = elections and qualifications of their own members; they may expel = members, but=20 not for causes known to their own constituents antecedent to their = elections;=20 they may administer oaths and affirmations in matters depending before = them,=20 redress grievances, impeach state criminals, grant charters of = incorporation,=20 constitute towns, boroughs, cities, and counties: they may annually, on = their=20 first session after their election, in conjunction with the council, or = oftener=20 if need be, elect judges of the supreme and several county and probate = courts,=20 sheriffs, and justices of the peace; and also, with the council may = elect major=20 generals and brigadier generals, from time to time, as often as there = shall be=20 occasion; and they shall have all other powers necessary for the = legislature of=20 a free and sovereign state: but they shall have no power to add to, = alter,=20 abolish, or infringe any part of this constitution. Ch. 2 =A79.

4. - 2. The supreme executive power is vested in a governor, or in = his=20 absence a lieutenant-governor, and council. Ch. 2, =A73. The duties of = the=20 executive are pointed out by the second chapter of the constitution as = follows:=20

5. - =A710. The supreme executive council of this state shall consist = of a=20 governor, lieutenant-governor, and twelve persons, chosen in the = following=20 manner, viz. The freemen of each town shall, on the day of the election, = for=20 choosing representatives to attend the general assembly, bring in their = votes=20 for governor, with his name fairly written, to the constable, who shall = seal=20 them up, and write on them, votes for the governor, and deliver them to = the=20 representatives chosen to attend the general assembly; and at the = opening of the=20 general assembly there shall be a committee appointed out of the council = and=20 assembly, who, after being duly sworn to the faithful discharge of their = trust,=20 shall proceed to receive, sort, and count the votes for the governor, = and=20 declare the person who has the major part of the votes to be governor = for the=20 year ensuing. And if there be no choice made, then the council and = general=20 assembly, by their joint ballot, shall make choice of a governor. The=20 lieu-tenant-governor and treasurer shall be chosen in the manner above = directed.=20 And each freeman shall give in twelve votes, for twelve counsellors, in = the same=20 manner, and the twelve highest in nomination shall serve for the ensuing = year as=20 counsellors.

6. - =A711. The governor, and, in his absence, the = lieutenant-governor, with=20 the council, a major part of whom, including the governor, or=20 lieutenant-gov-ernor, shall be a quorum to transact business, shall have = power=20 to commission all officers, and also to-appoint officers, except where = provision=20 is, or shall be otherwise made by law, or this frame of government; and = shall=20 supply every vacancy in. any office, occasioned by, death, or otherwise, = until=20 the office can be filled in the manner directed by law or this = constitution.=20

7. They are to correspond with other states, transact business with = officers=20 of government, civil and military, and to prepare such business as may = appear to=20 them necessary to lay before the general assembly. They shall sit as = judges to=20 hear and determine on impeachments, taking to their assistance, for = advice only,=20 the judges of the supreme court. And shall have power to grant pardons, = and=20 remit fines, in all cases whatsoever, except in treason and murder; in = which=20 they shall have power to grant reprieves, but not to pardon, until after = the end=20 of the next session of the assembly; and except in cases of impeachment, = in=20 which there shall be no remission or mitigation of punishment, but by = act of the=20 legislature.

8. They are also to take care that the laws be faithfully executed. = They are=20 to expedite the execution of such measures as may be resolved upon by = the=20 general assembly. And they may draw upon the treasury for such sums as = may be=20 appropriated by the house of representatives. They may also lay = embargoes, or=20 probibit the exportation of any commodity, for any time not exceeding = thirty=20 days, in the recess of the house only. They may grant such licenses as = shall be=20 directed by law; and shall have power to call together the general = assembly,=20 when necessary, before the day to which they shall stand. adjourned. The = governor shall be captain general and commander-in-chief of the forces = of the=20 state, but shall not command in person, except advised thereto by the = council,=20 and then only so long as they shall approve thereof. And the = lieutenant-governor=20 shall, by virtue of his office, be lieutenant-general of all the forces = of the=20 state. The governor or lieutenant-governor, and council shall meet at = the time=20 and place with the general assembly; the lieutenant-governor shall, = during the=20 presence of the commander-in-chief, vote and act as one of the council: = and the=20 governor and, in his absence, the lieutenant-governor, shall, by virtue = of their=20 offices, preside in council, and have a casting, but no other vote. = Every member=20 of the council shall be a justice of the peace, for the whole state, by = virtue=20 of his office. The governor and council shall have a secretary, and keep = fair=20 books of their proceedings, wherein any councillor may enter his = dissent, with=20 his reasons to support it; and the governor may appoint a secretary for = himself=20 and his council.

9. - =A716. To the end that laws, before they are enacted, may be = more maturely=20 considered, and the inconvenience of hasty determinations, as much as = possible,=20 prevented, all bills which originate in the assembly shall be laid = before the=20 governor and council for their revision and concurrence, or proposals of = amendment; who shall return the same to the general assembly, with their = proposals of amendment, if any, in writing; and if the same are not = agreed to by=20 the assembly, it shall be in the power of the governor and council to = suspend=20 the passing of such bill until the next session of the legislature: = Provided,=20 that if the governor and council shall neglect or refuse to return any = such bill=20 to the assembly with written proposals of amendment, within five days, = or before=20 the rising of the legislature, the same shall become a law.

10. - =A724. Every officer of state, whether judicial or executive, = shall be=20 liable to be impeached by the general assembly, either when in office or = after=20 his resignation or removal, for mal-administration. All impeachments = shall be=20 before the governor, or lieutenant governor and council, who shall hear = and=20 determine the same, and may award costs; and no trial or impeachment = shall be a=20 bar to a prosecution at law.

11. - 3. The judicial power is regulated by the second chapter of the = constitution, as follows

12. - =A74. Courts of justice shall be maintained in every county in = this=20 state, and also in new counties, when formed: which courts shall be open = for the=20 trial of all causes proper for their cognizance; and justice shall be = therein=20 impartially administered, without corruption or unnecessary delay. The = judges of=20 the supreme court shall be justices of the peace throughout the state; = and the=20 several judges of the county courts, in their respective counties, by = virtue of=20 their office, execpt in the trial of such causes as may be appealed to = the=20 county court.

13. - =A75. A future legislature may, when they shall conceive the = same to be=20 expedient and necessary, erect a court of chancery, with such powers as = are=20 usually exercised by that court or as shall appear for the interest of = the=20 commonwealth: Provided, they do not constitute themselves the judges of = the said=20 court.

VERSUS. Against; as A B versus C D. This is usually = abbreviated v.=20

VERT. Everything bearing green leaves in a forest. Bac. Ab. = Courts of=20 the Foreat; Manwood, 146.

VESSEL, mar. law. A ship, brig, sloop or other craft used in=20 navigation . 1 Boul. Paty, tit. 1, p. 100 . See sup.

2. By an act of congress, approved July 29, 1850, it is provided that = any=20 person, not being an owner, who shall on the high seas, wilfully, with. = intent=20 to burn or destroy, set fire to any ship or other vessel, or otherwise = attempt=20 the destruction of such ship or other vessel, being the property of any = citizen=20 or citizens of the United States, or procure the same to be done, with = the=20 intent aforesaid, and being thereof lawfully convicted, shall suffer=20 imprisonment to hard labor, for a term not exceeding ten years, nor less = than=20 three years, according to the aggravation of the offence.

TO VEST, estates. To give an immediate fixed right of present = or=20 future enjoyment; an estate is vested in possession when there exists a = right of=20 present enjoyment; and an estate is vested in interest, when there is a = present=20 fixed right of future, enjoyment. Feame on Rem. 2; vide 2 Rop on Leg. = 757; 8=20 Com. Dig. App. h. t.; 1 Vern. 323, n.; 10 Vin. Ab. 230; 1 Suppl. to Ves. = jr.=20 200, 242, 315, 434; 2 Id. 157 5 Ves. 511.

VESTED REMAINDER, estates. One by which a present interest = passes to=20 the party, though to be enjoyed in future, and by which the estate is = invariably=20 fixed to remain to a determinate person, after the particular estate has = been=20 spent. 2 Bouv. Inst. n. 1831. Vide Remainder.

VESTURE OF LAND. By this phrase is meant all things, trees excepted, = which=20 grow upon the surface of the land, and clothe it externally.

2. He who has the vesture of land has a right, generally, to exclude = others=20 from entering upon the superficies of the soil. 1 Inst. 4, b; Hamm. N. = P. 151;=20 pee. 7 East, R. 200; 1 Ventr. 393; 2 Roll. Ab. 2.

VETERA STATUTA. The name of vetera statuta, ancient statutes, = has been=20 given to the statutes commencing with Magna Charta', and ending with = those of=20 Edward II. Crabb's Eng. Law, 222.

b legislation. This is a Latin word signifying, I forbid.

2. It is usually applied to the power of the president of the United = States=20 to negative a bill which has passed both branches of the legislature. = The act of=20 refusing to sign such a bill, and the message which is sent to congress=20 assigning the reasons for a refusal to sign it, are each called a veto. =

3. When a bill is engrossed, and has received the sanction of both = houses, it=20 is transmitted to the president for his approbation. If he approves of = it, he=20 signs it. If he does not, he sends it, with his objections, to the house = in=20 which it originated, and that house enter the objections on their = journals, and=20 proceed to reconsider the bill. Coast. U. S. art. I, s. 7, cl. 2. Vide = Story on=20 the Const. =A7878; 1 Kent, Com. 239.

4. The governors of the several states have generally a negative on = the acts=20 of the legislature. When exercised with due caution, the veto power is = some=20 additional security against inconsiderate and hasty legislation, or = where bills=20 have passed through prejudice or want of due reflection. It was, = however, mainly=20 intended as a weapon in the hands of the chief magistrate to defend the=20 executive department from encroachment and usurpation, as well as a just = balance=20 of the constitution.

5. The veto power of the British sovereign has not been exercised for = more=20 than a century. It was exercised once during the, reign of Queen Anne. = Edinburgh=20 Rev. 10th vol. 411, &c.; Parke's Lectures, 126. But anciently the = king=20 frequently replied Le roy s'avisera, which was in effect withholding his = assent.=20 In France the king had the initiative of all laws, but not the veto. See = 1=20 Toull. art. 39; and see Nos. 42, 52, note 3.

VEXATION. The injury or damage which, is suffered in = consequence of=20 the tricks of another.

VEXATIOUS SUITS, torts. A vexatictus suit is one which has = been=20 instituted maliciously, and without probable cause, whereby a damage has = ensued=20 to the defendant.

2. The suit is either a criminal prosecution, a conviction before a=20 magistrate, or a civil action. The suit need not be altogether without=20 foundation; if the part which is groundless has subjected the party to = an=20 inconvenience, to which he would not have been exposed had the valid = cause of=20 complaint alone have been insisted on, it is injurious. 4 Taunt. 616; 4 = Rep. 14=20 1 Pet. C. C. Rep. 210; 4 Serg. & Rawle, 19, 23.

3. To make it vexatious, the suit must have been instituted = maliciously. As=20 malice is not in any case of injurious conduct necessarily to be = inferred from=20 the total absence of probable cause for exciting it, and in the present = instance=20 the law will not allow it to be inferred from that circumstance, for = fear of=20 being mistaken, it casts upon the suffering party the onus of proving = express=20 malice. 2 Wils. R. 307; 2 Bos. & Pull. 129; Carth. 417; but see what = Gibbs,=20 C. J., says in Berley v. Bethune, 5, Taunt. 583; see also 1 Pet. C. C. = R. 210; 2=20 Browne's R. Appx. 42, 49; Add. R. 270.

4. It is necessary that the prosecution should have been carried on = without=20 probable cause. The law presumes that probable cause existed until the = party=20 aggrieved can show to the contrary. Hence he is bound to show the total = absence=20 of probable cause. 5 Taunt. 580; 1 Campb. R. 199. See 3 Dow. Rep. 160; 1 = T. Rep.=20 520; Bul. N. P. 14; 4 Burr. 1974; 2 Bar. & C. 693; 4 Dow. & R. = 107; 1=20 Car. R. 138, 204; 1 Gow, Rep. 20; 1 Wils. 232; Cro. Jac. 194. He is also = under=20 the same obligation when the original proceeding was a civil action. 2 = Wils.=20 307.

5. The damage which the party injured sustains from a vexatious suit = for a=20 crime, is either to his person, his reputation, his estate or his = relative=20 rights. 1. whenever imprisonment is occasioned by a malicious unfounded = criminal=20 prosecution, the injury is complete, although the detention may have = been=20 momentary, and the party released on bail. Carth. 416. 2. When the bill = of=20 indictment contains scandalous aspersions likely to impair the = reputation of the=20 accused, the damage is complete. See 12 Mod. 210; 2 B. & A. 494; 3 = Dow.,=20 & R. 669. 3. Notwithstanding his person is left at liberty, and his=20 character is unstained by the proceedings, (as where the indictment is = for a=20 trespass, Carth. 416,) yet if he necessarily incurs expense in defending = himself=20 against the charge, he has a right to have his losses made good. 10 Mod. = 148,;=20 Id. 214; Gilb. 185; S. C. Str. 978. 4. If a master loses the services = and=20 assistance of his domestics, in consequence of a vexatious suit, he may = claim a=20 compensation. Ham. N. P. 275. With regard to a damage resulting from a = civil=20 action, when prosecuted in a court of competent jurisdiction, the only = detriment=20 the party can sustain, is the imprisonment of his person, or the seizure = of his=20 property, for as to any expense, he may be put to, this, in = contemplation of=20 law, has been fully compensated to him by the costs adjudged. 4 Taunt. = 7; 2 Mod.=20 306; 1 Mod. 4. But where the original suit was coram non judice, the = party as=20 the law formerly stood, necessarily incurred expense without the power = of=20 remuneration, unless by this action, because any award of costs the = court might=20 make would have been a nullity. However, by a late decision such an = adjudication=20 was holden unimpeachable, land that the party might well have an action = of debt=20 to recover the amount. 1 Wils. 316. So that the law, in this respect, = seems to=20 have taken a new turn, and, perhaps, it would now be decided, that no = action can=20 under any other circumstances but imprisonment of the person or seizure = of the=20 property, be maintained for suing in an improper court. Vide Carth. 189. =

See, in general, Bac. Abr. Action on the case, H; Vin. Abr. Actions, = H c;=20 Com. Dig. Action upon the case upon desceit; 5 Amer. Law Journ. 514; = Yelv. 105,=20 a note 2; Bull. N. P. 13; 3 Selw. N. P. 535; Notes on Co. Litt. 161, a, = (Day's=20 edit.); 1 Saund. 230, n. 4; 3 Bl. Com. 126, n. 21, (Chit. edit.); this = Dict.=20 tit. Malicious Prosecution.

VEXED QUESTION, vexata quaestio. A question or point of law = often=20 discussed or agitated, but not determined nor settled.

VI ET ARMIS. With force and arms. When man breaks into = another's close=20 vi et armis, he may be opposed force by force, for there is no time to = request=20 him to go away. 2 Salk. 641; 8 T. R. 78, 357.

2. These words are universally inserted in a writ of trespass, = because they=20 point out that the act has been done with force, and they are technical = words to=20 designate this offence. Ham. N. P. 4, 10, 12; 1 Chit. Pl. 122 to 125; = and=20 article Force.

VIA. A cart-way, which also includes a foot-way and a = horse-way. Vide=20 Way.

VIABLE, Vitae habilis, capable of living. This is said of a = child who=20 is born alive in such an advanced state of formation as to be capable of = living.=20 Unless be is born viable he acquires no rights and cannot transmit them = to his=20 heirs, and is considered as if he bad never been born.

2. This term is used In the French law, Toull. Dr. Civ. Fr. tome 4, = p. 101 it=20 would be well to engraft it on our own Vide Traill. Med. Jur. 46, and = Dead Born.=20

VIABILITY, med. jur. An aptitude to live after birth; extra = uterine=20 life. 1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See 2 Sav. Dr. Rom. = Append.=20 III. for a learned discussion of this subject.

VICE. A term used in the civil law and in Louisiana, by which = is meant=20 a defect in a thing; an imperfection. For example, epilepsy in a slave, = roaring=20 and crib-biting in a horse, are vices. Redhibitory vices are those for = which the=20 seller will be compelled to annul a sale, and take back the thing sold. = Poth.=20 Vente, 203; Civ. Code of Lo. art. 2498 to 2507; 1 Duv. n. 396.

VICE-ADMIRAL. The title of an officer in the navy; the next in = rank=20 after the admiral. In the United States we have no officer by this name. =

VICE-CHANCELLOR. The title of a judicial officer who decides = causes=20 depending in the court of chancery; his opinions may be reversed, = discharged or=20 altered by the chancellor.

VICE-CONSUL. An officer who performs the duties of a consul within a = part of=20 the district of a consul, or who acts in the place of a consul. Vide 1 = Phil. Ev.=20 306.

VICE-PRESIDENT OF THE UNITED STATES. The title of the second = officer,=20 in point of rank, in the government of the United States.

2. To obtain a correct idea of the law relating to this officer, it = is proper=20 to consider; 1. His election. 2. The duration of his office. 3. His = duties.

3. - 1. He is to be elected in the manner pointed out under the = article=20 President of the United States. (q. v.) See, also, 3 Story on the Const. = 1447 et=20 seq.

4. - 2. His office in point of duration is coextensive with that of = the=20 president.

5. - 3. The fourth clause of the third section of the first article = of the=20 constitution of the United States, directs, that "the vicepresident of = the=20 United States shall be presidont of the. senate, but shall have no vote = unless=20 they be equally divided." And by article 2, s. 1, clause 6, of the = constitution,=20 it is provided, that "in case of the removal of the president from = office, or of=20 his death, resignation, or inability to discharge the powers and duties = of the=20 said office, the same shall devolve on the vicepresident."

6. When the vice-president exercises the office of president, he is = called=20 the President of the United States.

VICE VERSA. On the contrary; on opposite sides.

VICECOMES. The sheriff.

VICECOMES NON MISIT BREVE. The sheriff did not send the writ. = An entry=20 made on the record when nothing has been done by virtue of a writ which = has been=20 directed to the sheriff.

VICENAGE. The neighborhood; the venue. (q. v.)

VICINETUM. The neighborhood; vicenage; the venue. Co. Litt. = 158 b.=20

VICONTIEL. Belonging to the sheriff.

VIDELICET. A Latin adverb signifying to wit, that is to say, = namely,=20 scilicet. (q. v.) This word is usually, abbreviated Viz.

2. The office of the videlicet is to mark, that the party does not = undertake=20 to prove the precise circumstances alleged, and in such case he is not = required=20 to prove them. Steph. Pl. 309'; 7 Cowen, R. 42; 4 John. R. 450; 3 T. R. = 67, 643;=20 8 Taunt. 107; Greenl. Ev. =A760; 1 Litt. R. 209. Vide Yelv. 94; 3 Saund. = 291 a,=20 note; New Rep. *465, note; Dane's Ab. Iudex, h. t.; 2 Pick. 214, 222; 16 = Mass.=20 129.

VIEW. A prospect.

2. Every one is entitled to a view from his premises, but he thereby = acquires=20 no right over the property of his neighbors. The erection of buildings = which=20 obstruct a man's view, therefore, is not unlawful, and such buildings = cannot be=20 considered a nuisance. 9 Co. R. 58 b. Vide Ancient Lights; Nuisance, =

VIEW, DEMAND OF, practice. In most real and mixed actions, in = order to=20 ascertain the identity of land claimed with that in the tenant's = possession, the=20 tenant is allowed, after the demandant has counted, to demand a view of = the land=20 in question; or if the subject of claim be rent, or the like, a view of = the land=20 out of which it issues; Vin. Abr. View; Com. Dig. View; Booth, 37; 2 = Saund. 45=20 b; 1 Reeves' Hist 435, This, however, is confined to real or mixed = actions; for=20 in personal actions the view does not lie. In the action of dower unde = nihil=20 habet, it has been much questioned whether the view be demandable or = not; 2=20 Saund. 44, n, 4; and there are other real and mixed actions in which it = is not=20 allowed. The view being granted, the course of proceeding is to issue a = writ,=20 commanding the sheriff to cause the defendant to have a view of the = land, It=20 being the interest of the demandant to expedite the proceedings, the = duty of=20 suing out the writ lies upon him, and not upon the tenant; and when, in=20 obedience to its exigency, the sheriff causes view to be made, the = demandant is=20 to show to the tenant, in all ways possible, the thing in demand with = its metes=20 and bounds. On the return of the writ into court, the demandant must = count de=20 novo; that is, declare again Com. Dig. Pleader, 2 Y 3; Booth, 40; and = the=20 pleadings proceed to issue.

2. This proceeding of demanding view, is, in the present rarity of = real=20 actions, unknown in practice.

VIEWERS. Persons appointed by the courts to see and examine = certain=20 matters, and make a report of the facts together with their opinion to = the=20 court. In practice they are usually appointed to lay out roads and the = like.=20 Vide Experts.

VIGILANCE. Proper attention in proper time.

2. The law requires a man who has a claim to enforce it in proper = time, while=20 the adverse party has it in his power to defend himself; and if by his = neglect=20 to do so, he cannot afterwards establish such claim, the maxim = vigilantibus non=20 dormientibus leges subserviunt, acquires full force in such case. For = example, a=20 claim not sued for within the time required by the acts of limitation, = will be=20 presumed to be paid; and the mere possession of corporeal real property, = as if=20 in fee simple, and without admitting any other ownership for sixty = years, is a=20 sufficient title against all the world, and cannot be impeached by any = dormant=20 claim. See 3 Bl. Com. 196, n; 4 Co. 11 b. Vide Twenty years.

VILL. In England this word was used to signify the parts into = which a=20 hundred or wapentake was divided. Fortesc. De Laud, ch. 24. See Co. = Litt. 115 b.=20 It also signifies a town or city. Barr. on the Stat. 133.

VILLAIN., An epithet used to cast contempt and contumely on = the person=20 to whom it is applied.

2. To call a man a villain in a letter written to a third person, = will=20 entitle him to an action without proof of special damages. 1 Bos. & = Pull.=20 331.

VILLEIN, Engl. law. A species of slave during the feudal = times.'

2. The feudal villein of the lowest order was unprotected as to = property, and=20 subjected to the post ignoble services; but his circumstances were very=20 different from the slave of the southern states, for no person was, in = the eye=20 of the law, a villein, except as to his master; in relation to all other = persons=20 he was a freeman. Litt. Ten. s. 189, 190; Hallam's View of the Middle = Ages, vol.=20 i. 122, 124; vol. ii. 199.

VILLENOUS JUDGMENT, punishments. In the English law it was a = judgment=20 given by the common law in attaint, or in cases of conspiracy.

2. Its effects were to make the object of it lose his liberam legem, = and=20 become infamous. He forfeited his goods and chattels, and his lands = during life;=20 and this barbarous judgment further required that his lands should be = wasted,=20 his houses razed, his trees rooted up, and that his body should be cast=20 into-prison. He 'could not be a juror or witness. Burr. 996, 1027; 4 Bl. = Com.=20 136.

VINCULO MATRIMONII. A divorce. A vinculo matrimonii, is one = from the=20 bonds of matrimony. Such a divorce generally enables the parties to = marry again.=20

VINDICATION, civil law. The claim made to property by the = owner of it.=20 1 Bell's Com. 281, 5th ed. See Revendication.

VIOLATION. An act done unlawfully and with force. In the = English stat.=20 of 25 E. III., st. 5, c. 2, it is declared to be high treason in any = person who=20 shall violate the king's companion; and it is equally high treason in = her to=20 suffer willingly such violation. This word has been construed under this = statute=20 to mean carnal knowledge. 3 Inst. 9; Bac. Ab, Treason, E.

VIOLENCE. The abuse of force. Theorie des Lois Criminelles, = 32. That=20 force which is employed against common right, against the laws, and = against=20 public liberty. Merl. h. t, 2. In cases of robbery, in order to convict = the=20 accused, it is requisite to prove that the act was done with violence; = but this=20 violence is not confined to an actual assault of the person, by beating, = knocking down, or forcibly wresting from him on the contrary, whatever = goes to=20 intimidate or overawe, by the apprehension of personal violence, or by = fear of=20 life, with a view to compel the delivery of propert equally falls within = its=20 limits. Alison, Pr. Cr. Law of Scotl. 228; 4 Binn. R. 379; 2 Russ. on = Cr. 61; 1=20 Hale P. C. 553. When an article is merely snatched, as by a sudden pull, = even=20 though a momentary force be exerted, it is not such violence as to = constitute a=20 robbery. 2 East, P. C. 702; 2 Russ. Cr. 68; Dig. 4, 2, 2 and 3.

VIOLENT PROFITS, Scotch law. The gains made by a tenant = holding over,=20 are so called. Ersk. Inst. R. 2, tit. 6, s. 54.

VIOLENTLY, pleading. This word was formerly supposed to be = necessary=20 in an indictment, in order to charge a robbery from the person, but it = has been=20 holden unnecessary. 2 East, P. C. 784; 1 Chit. Cr. Law, *244. The words = "=20 feloniously and against the will," usually introduced in such = indictments, seem=20 to be sufficient. It is usual also to aver a putting in fear, though = this does=20 not seem to be requisite. Id.

VIRGA. An obsolete word, which signifies a rod or staff, such = as=20 sheriffs, bailiffs, and constables carry, as a badge or ensign of their = office.=20

VIRGINIA. The name of one of the original states of the United = States=20 of America. This colony was chartered in 1606, by James the First, and = this=20 charter was afterwards altered in 1609 and 1612; and in 1624 the charter = was=20 declared to be forfeited under proceedings under a writ of quo warranto. = After=20 the fall of the charter, Virginia continued to be a royal province until = the=20 period of the American Revolution.

2. A constitution, or rather bill of rights, was adopted by a = convention of=20 the representatives of the good people of Virginia, on the 12th day of = June,=20 1776. An amended constitution or form of government for Virginia was = adopted=20 January 14, 1830, which has been superseded by the present constitution, = which=20 was adopted August 1, 1851.

3. The legislative, executive, and judiciary departments , shall be = separate=20 and distinct, so that neither exercise the powers properly belonging to = either=20 of the others; nor shall any person exercise the powers of more than one = of them=20 at the same time, except that justices of the peace shall be eligible to = either=20 house of assembly. Art 2.

4. - =A71. The legislature is composed of two branches, the house of = delegates=20 and the senate, which together are called the general assembly of = Virginia.

5. - 1. The house of delegates will be considered with reference, 1. = To the=20 qualifications of the electors. 2. The qualifications of members. 3. The = number=20 of members. 4. Time of their election.

6. - 1st. Every white male citizen of the commonwealth, of the age of = twenty-one years, who has been a resident of the state for two years, = and of the=20 county, city, or town where he offers to vote for twelve months next = preceding=20 an election, and no other person, shall be qualified to vote for members = of the=20 general assembly, and all officers elective by the people: but no person = in the=20 military, naval, or marine service of the United States shall be deemed = a=20 resident of this state, by reason of being staationed therein. And no = person=20 shall have the right to vote, who is of unsound mind, or a pauper, or a=20 non-commissioned officer, soldier, seaman, or marine in the service of = the=20 United States, or who has been convicted of bribery in an election, or = of any=20 infamous offence.

7. - 2. The general assembly at its first session after the; adoption = of this=20 constitution, and afterwards as occasion may require, shall cause every = city or=20 town, the white population of which exceeds five thousand, to be laid = off into=20 convenient wards, and a separate place of voting to be established in = each, and=20 thereafter no inhabitant of such city or town shall be allowed to vote = except in=20 the ward in which be resides.

8. - 3. No voter, during the time for holding any election at which = he is=20 entitled to vote, shall be compelled to perform military service, except = in time=20 of war or public danger; to work upon the public roads, or to attend any = court=20 as suitor, juror or witness; and no voter shall be subject to arrest = under any=20 civil process during his attendance at elections, or in going to and = returning=20 from them.

9. - 4. ln all elections votes shall be given openly, or viva voce, = and not=20 by ballot. But dumb persons, entitled to suffrage, may vote by ballot. = Art. 3.=20

10. - 2d. Any person may be elected a delegate who shall have = attained the=20 age of twenty-one years, and shall be actually a resident within the = city,=20 county, town, or election district, qualified by this constitution to = vote for=20 members of the general assembly: but no person holding a lucrative = office, no=20 minister of the gospel, or priest of any religious denomination, no = salaried=20 officer of any banking corporation or company, and no attorney for the=20 commonwealth shall be capable of being elected a member of either house = of=20 assembly. The removal of any person elected to neither branch of the = general=20 assembly, from the county, city, town, or district for which he was = elected,=20 shall vacate his office. Art. 4, s. 5, =A77.

11.-3d. The house of delegates is to consist of one hundred and = fity-two=20 members. Art. 4, =A72.

12. - 4th. The members of the general assembly are to be chosen = biennially.=20 Art. 4, =A72.

13.- 2. The senate will be considered in the same order that the = house of=20 delegates has been. 1. The qualifications of electors are the same as = for=20 electors of delegates. 2. Any person may be elected a senator who has = attained=20 the age of twenty-five years, and shall be actually a resident within = the=20 district, and qualified to vote for members of the general assembly. The = other=20 qualifications are the, same as those for delegates. Art. 4, s. 5, =A77. = 3. The=20 number of senators is fifty. Art. 4, =A73.

4. Senators are to be elected for the term of four years. Upon the = assembling=20 of the senators so elected, they shall be divided into two equal classes = to be=20 numbered by lot. The term of service of the senators of the first class = shall=20 expire with that of the delegates first elected under this constitution; = and of=20 the senators of the second class, at the expiration of two years = thereafter; and=20 this alternation shall, be continued, so that one-half of the senators = may be=20 chosen every second year. Art. 4, =A73.

14. - 1. The chief executive ower of this commonwealth shall be = vested in a=20 governor. He shall hold the office for the term of four years, to = commence on=20 the ____ day of _______ next succeeding his election, and be ineligible = to the=20 same office for the term next succeeding that for which he was elected, = and to=20 any other office during his term of service.

15. - 2. The governor shall be elected by the voters at the times and = places=20 of choosing members of the general assembly. Returns of the election = shall be=20 transmitted under seal by the proper officers to the secretary of the=20 commonwealth, who shall deliver them to the speaker of the house of = delegates,=20 on the first day of the next session of the general assembly. The = speaker of the=20 house of delegates shall within one week thereafter, in the presence of = a=20 majority of the senate and house of delegates, open the said retuns, and = the=20 votes shall then be counted. The person having the highest number of = votes shall=20 be declared elected; but if two or more shall have the highest and an = equal=20 number, of votes, one of them shall be chosen governor by the joint vote = of the=20 two houses of the general assembly. Contested elections for governor = shall be=20 decided by a like vote, and the mode of proceeding in such cases shall = be=20 prescribed by law.

16. - 3. No person shall be eligible to the office of governor unless = he has=20 attained the age of thirty years, is a native citizen of the United = States, and=20 has been a citizen of Virginia, for five years next preceding his = election.

17. - 4. The governor shall reside at the seat of government; shall = receive=20 five thousand dollars for each year of his service, and, while in = office, shall=20 receive no other emolument from this or any other government.

18. - 5. He shall take care that the laws be faithfully executed; = communicate=20 to the general assembly at every session the condition of the = commonwealth;=20 recommend to their consideration such measures as he may deem expedient; = and=20 convene the general assembly on application of a majority of the members = of both=20 houses thereof, or when in his opinion the interest of the commonwealth = may=20 require it. He shall be commander-in-chief of the land and naval forces = of the=20 state; have power to embody the militia to repel invasion, suppress = insurrection=20 and enforce the execution of the laws; conduct, either in person or in = such=20 other manner as shall be prescribed by law, all intercourse with other = and=20 foreign states; and, during the recess of the general assembly, fill pro = tempore=20 all vacancies in those offices for which the constitution and laws make = no=20 provision but his appointments to such vacancies shall be by commissions = to=20 expire at the end of thirty days after the commencement of the next = session of=20 the general assembly. He shall have power to remit fines and pen-alties = in such=20 cases and under such rules and regulations as may be prescribed by law; = and,=20 except when the prosecution has been carried on by the house of = delegates or the=20 law shall otherwise particularly direct, to grant reprieves and pardons = after=20 conviction, and to commute capital punishment. But be shall communicate = to the=20 general assembly at each session, the particulars of every case of fine = or=20 penalty remitted, of reprieve or pardon granted and of punishment = commuted, with=20 his reasons for remitting, granting or commuting the same.

19. - 6. He may require information in writing from the officers in = the=20 executive department upon any subject relating to the duties of their = respective=20 offices; and may also require the opinion in writing of the = attorney-general=20 upon any question of law connected with his official duties.

20. - 7. Commissions and grants shall run in the name of the = commonwealth of=20 Virginia, and be attested by the governor with the seal of the = commonwealth=20 annexed.

21. - 8. A lieutenant governor shall be elected at the same time, and = for the=20 same term, as the governor: and his qualification and the manner of his = election=20 in all respects shall be the same.

22. - 9. In case of the removal of the governor from office, or of = his death,=20 failure to qualify, resignation, removal from the state, or inability to = discharge the powers and duties of the office, the said office, with its = compensation, shall devolve upon the lieutenant governor; and the = general as-=20 sembly shall provide by law for the discharge of the executive functions = in=20 other necessary cases.

23. - 10 The lieutenant governor shall be president of the senate, = but shall=20 have no vote; and while. acting as such, shall receive a compensation = equal to=20 that allowed to the speaker of the house of delegates. Art. 5, = =A7=A71-10.

24. - =A73. The judicial powers are regulated by the sixth article of = the=20 constitution, as follows:

25. - 1. There shall be a supreme court of appeals, district courts = and=20 circuit courts. The jurisdiction of these tribunals, and of the judges = thereof,=20 except so far as the same is conferred by this constitution, shall, be = regulated=20 by law.

26. - 2. The state shall be divided into twenty-one judicial = circuits, ten=20 districts and five sections.

27. - 3. The general assembly may, at the end of eight years after = the=20 adoption of this constitution, and thereafter at intervals of eight = years,=20 re-arrange the said circuits, districts and sections, and place any = number of=20 circuits in a district, and of districts in a section; but each circuit = shall be=20 altogether in one district, and each district in one section; and there = shall=20 not be less than two districts and four circuits in a section, and the = number of=20 sections shall not be increased or diminished.

28. - 6 For each circuit, a judge shall be elected by the voters = thereof, who=20 shall hold his office for the term of eight years, unless sooner removed = in the=20 manner prescribed by this constitution. He shall at the time of his = election be=20 at least thirty years of age, and during his continuance in office, = shall reside=20 in the circuit of which he is judge.

29. - 7. A circuit court shall be held at least twice a year by the = judge of=20 each circuit, in every county and corporation thereof, wherein a circuit = court=20 is now or may hereafter be established. But the judges in the same = district may=20 be required or authorized to hold the courts of their respective = circuits=20 alternately, and a judge of one circuit to hold a court in any other = circuit.=20

30. - 8. A district court shall be held, at least once a year in = every=20 district, by the judges of the circuits constituting the section and the = judges=20 of the supreme court of appeals for the section of which the district = forms a=20 part, any three of whom may hold a court; but no judge shall sit or = decide upon=20 any appeal taken from his own decision. The judge of the supreme court = of=20 appeals of one section, may sit in the district courts of another = section, when=20 required or authorized by law to do so.

31. - 9. The district courts shall not have original jurisdiction, = except in=20 cases of habeas corpus, mandamus and prohibition.

32. - 10. For each section, a judge shall be elected by the voters = thereof,=20 who shall hold his office for the term of twelve years, unless sooner = removed in=20 the manner prescribed by this constitution. He shall at the time of his = election=20 be at least thirty-five years of age, and during his continuance in = office,=20 reside in the section for which he is elected.

33. - 11. The supreme court of appeals shall consist of the five = judges so=20 elected, any three of whom may hold a court. It shall have appellate=20 jurisdiction only, except in cases of, habeas corpus, mandamus and = prohibition.=20 It shall not have jurisdiction in civil causes where the matter in = controversy,=20 exclusive of costs, is less, in value or amount than five hundred = dollars,=20 except in controversies concerning the title or boundaries of land, the; = probate=20 of a will, the appointment or qualification of a personal = representative,=20 guardian, committee or curator; or concerning a mill, road, way, ferry = or=20 landing, or the right of a corporation, or of a county to levy tolls or = taxes;=20 and except in cases of habeas corpus, mandamus and probibition, and = cases=20 involving freedom, or the constitutionality of a law.

34. - 12. Special courts of appeals, to consist of not less than = three nor=20 more than five judges, may be formed of the judges of the supreme court = of=20 appeals, and of the circuit courts, or any of them, to try any cases = remaining=20 on the dockets of the present court of appeals when the judges thereof = cease to=20 hold their offices; or to try any cases which may be on the dockets of = the=20 supreme court of appeals established by this constitution, in respect to = which a=20 majority of the judges of said court may be so situated as to make it = improper=20 for them to sit on the bearing thereof.

35. - 13 When a judgment or decree is reversed or affirmed by the = supreme=20 court of appeals, the reasons therefor shall be stated in writing, and = preserved=20 with the record of the case.

36. - 14. Judges shall be commissioned by the governor, and shall = receive=20 fixed and adequate salaries which shall not be diminished during their=20 continuance in office. The salary of a judge of the supreme court of = appeals=20 shall not be less than three thousand dollars and that of a judge of a = circuit=20 court not less than two thousand dollars per annum, except that of the = judge of=20 the fifth circuit, which shall not be less than fifteen hundred dollars = per=20 annum; and each shall receive a reasonable allowance for necessary = travel.

37. - 15. No judge during his term of service shall hold any other = office,=20 appointment or public trust, and the acceptance thereof shall vacate his = judicial office; nor shall he during such term, of within one year = thereafter,=20 be eligible to any political office.

38. - 16. No election of judge shall be held within thirty days of = the time=20 of holding any election of electors of president and vice-president of = the=20 United States, of members of congress or of the general assembly.

39. - 17. Judges may be removed from office by a concurrent vote of = both=20 houses of the general assembly, but a majority of all the members = elected to=20 each house must concur in such vote; and the cause of removal shall be = entered.=20 on the journal of each house. The judge, against whom the general = assembly may=20 be about to proceed, shall receive notice thereof, accompanied by a copy = of the=20 causes alleged for his removal, at least twenty days before the day on = which=20 either house of the general assembly shall act thereupon.

40. - 22. At every election of a governor, an attorney-general shall = be=20 elected by the voters of the commonwealth, for the term of four years. = He shall=20 be commissioned by the governor, shall perform such duties and receive = such=20 compensation as may be prescribed by law, and be removable in the manner = prescribed for the removal of judges.

41. - 23. Judges and all other officers, whether elected or = appointed, shall=20 continue to discharge the duties of their respective offices after their = terms=20 of service, have expired, until their successors are qualified.

42. - 24. Writs shall run in the name of the commonwealth of Virginia = and be=20 attested by the clerks of the several courts. Indictments shall = conclude,=20 against the peace and dignity of the commonwealth.

43. - 25. There shall be in each county of the commonwealth, a county = court,=20 which shall be held monthly, by not less than three, nor more than, five = justices, except when the law shall require the presence of a greater = number.=20

44. - 26. The jurisdiction of the said court shall be the same as = that of the=20 existing county courts, except so far as it is modified by this = constitution or=20 may be changed by law.

45. - 27. Each county shall be laid off into districts, as nearly = equal as=20 may be in territory and population. In each district there shall be = elected by=20 the voters thereof, four justices of the peace, who shall be = commissioned by the=20 governor, reside in their respective districts, and hold their office = for the=20 term of four years. The justices so elected shall choose one of their = own body,=20 who shall be the presiding justice of the county court, and whose duty = it shall=20 be to attend each term of said court. The other justices shall be = classified by=20 law for the performance of their duties in court.

46. - 28. The justices shall receive for their services in court, a = per diem=20 compensation, to be ascertained by law, and paid out of the country = treasury;=20 and shall not receive any fee or emolument for other judicial services. =

VIRILIA. The privy members of a man. Bract. lib. 3, p. 144. =

VIRTUTE OFFICII. By virtue of his office. A sheriff, a = constable, and=20 some other officers may, virtute officii, apprehend a man who has been = guilty of=20 a crime in their presence.

VIS. A Latin word which signifies force. In law it means any = kind of=20 force, violence, or disturbance, relating to a man's person or his = property.=20

VIS IMPRESSA. Immediate force; original force. This phrase is = applied=20 to cases of trespass when a question arises whether an injury has been = caused by=20 a direct force, or one which is indirect. When the original force, or = vis=20 impressa, had ceased to act before the injury commenced, then there is = no force,=20 the effect is mediate, and the proper remedy is trespass on the case. =

2. When the injury is the immediate consequence of the force or vis = proxima,=20 trespass vi et armis lies. 3 Bouv. Inst. n. 3483; 4 Bouv. Inst. n. 3583. =

VIS MAJOR, a superior force. In law it signifies inevitable = accident.=20

2. This term is used in the civil law in nearly the same same way = that the=20 words act of God, (q. v.) are used in the common law. Generally, no one = is=20 responsible for an accident which arises from the vis major; but a man = may be so=20 where he has stipulated that he would; and when he has been guilty of a = fraud or=20 deceit. 2 Kent, Com. 448; Poth. Pret a Usage, n. 48, n. 60 Story Bailm. = =A725.=20

VISA, civ. law. The formula put upon an act; a register; a = commercial=20 book, in order to approve of it and authenticate it.

VISITATION. The act of examining into the affairs of a = corporation.=20

2. The power of visitation is applicable only to ecclesiastical and=20 eleemo-synary corporations. 1 Bl. Com. 480; 2 Kid on Corp. 174. The = visitation=20 of civil corporations is by the government itself, through the medium of = the=20 courts of justice Vide 2 Kent, Com. 240.

VISITER. An inspector of the government, of corporations or = bodies=20 politic. 1 Bl. Com. 482. Vide Dane's Ab. Index, h. t.; 7 Pick. 303; 12 = Pick.=20 244.

VISNE. The neighborhood; a neighboring place; a place near at = hand;=20 the venue. (q. v.)

2. Formerly the visne was confined to the immediate neighborhood, = where the=20 cause of action arose, and many verdicts were disturbed because the = visne was=20 too large, which, becoming a great grievance several statutes were = passed to=20 remedy the evil. The 21 James I, c. 13, gives aid after verdict where = the visne=20 is partly wrong, that is, where it is warded out of too many or too few = places=20 in the county named. The 16 and 17 Charles II. c. 8, goes further, and = cures=20 defects of the visne wholly, so that the cause is tried by a jury of the = proper=20 county. Vide Venue.

VIVA VOCE. Living voice; verbally. It is said a witness = delivers his=20 evidence viva voce, when he does so in open court; the term is opposed = to=20 deposition. It is sometimes opposed to ballot; as, the people vote by = ballot,=20 but their representatives in the legislature, vote viva voce.

VIVARY. A place where living things are kept; as a park, on = land; or=20 in the water, as a pond.

VIVUM VADIUM, or living pledge, contracts. When a man borrows = a sum of=20 money (suppose two hundred dollars) of another, and grants him an = estate, as of=20 twenty dollars per annum, to hold till the rents and profits shall repay = the sum=20 so borrowed.

2. This is an estate conditioned to be void as soon as such sum is = raised.=20 And in this case the land or pledge is said to be living; it subsists, = and=20 survives the debt, and immediately on the discharge, of that, results = back to=20 the borrower. 2 Bl. Com. 157. See Antichresis; Mortgage.

VOCATIO IN JUS, Roman civ. law. According to the practice in = the legis=20 actiones of the Roman law, a person having a demand against another, = verbally=20 cited him to go with him to the praetor in jus eamus. In jus te voco. = This was=20 denominated vocatio in jus. If a person thus summoned refused to go, he = could be=20 compelled by force to do so unless he found a vindex, that is, a = procurator or a=20 person to undertake his cause. When the parties appeared before the = praetor,=20 they went through the particular formalities required by the action = applicable=20 to the cause. If the cause was not ended the same day, the parties = promised to=20 appear again at another day, which was called vadimonium. See Math. V. = 25.

VOID, contracts, practice. That which has no force or effect. =

2. Contracts, bequests or legal proceedings may be void; these will = be=20 severally considered.

3. - 1. The invalidity of a contract may arise from many causes. 1. = When the=20 parties have no capacity to contract; as in the case of idiots, = lunatics, and in=20 some states, under their local regulations, habitual drunkards. Vide = Par-ties to=20 contracts, =A71; 1 Hen. & Munf 69; 1 South. R. 361; 2 Hayw. R. 394; = Newl. on=20 Contr. 19; 1 Fonbl. Eq. 46; 3 Camp. 128; Long on Sales, 14; Highm. on = Lunacy,=20 111, 112 Chit. on Contr. 29, 257.

4. - 2. When the contract has for its object the performance of an = act malum=20 in se; as a covenant to rob or kill a man, or to commit a breach of the = peace.=20 Shep. To. 163; Co. Lit. 206, b 10 East, R. 534.

5. - 3. When the thing to be performed is impossible; as, if a man = were to=20 covenant to go from the United States to Europe in one day. Co. Lit. = 206, b. But=20 in these cases, the impossibility must exist at the time of making the = contract;=20 for although subsequent events may excuse the performance, the contract = is not=20 absolutely void; as, if John contract to marry Maria, and, before the = time=20 appointed, the covenantee marry her himself, the contract will not be = enforced,=20 but it was not void in its creation. It differs from a contract made by = John,=20 who, being a married man, and known to the coveiaantee, enters into a = contract=20 to marry Maria during the continuance of his existing marriage, for in = that case=20 the contract is void.

6. - 4. Contracts against public policy; as, an agreement not to = marry any=20 one, or not to follow any business; the one being considered in = restraint of=20 marriage, and the other in restraint of trade. 4 Burr. 2225; S. C. Wilm. = 364; 2=20 Vern. 215; Al. 67: 8 Mass. R. 223; 9 Mass. R. 522; 1 Pick. R. 443; 3 = Pick. R.=20 188.

7. - 5. When the contract is fraudulent, it is void, for fraud = vitiates=20 everything. 1 Fonbl. Equity, 66, note Newl. on Contr. 352; and article = Fraud. As=20 to cases when a condition consists of several parts, and some are lawful = and=20 others are not, see article Condition.

8. - 2. A devise or bequest is void:. 1. When made by a person not = lawfully=20 authorized to make a will; as, a lunatic or idiot, a married woman, and = an=20 infant before arriving at the age of fourteen, if a male, and twelve if = a=20 female. Harg. Co. Lit. 896, If; Rob. on Wills, 28; Godolph. Orph. Leg. = 21. 2.=20 When there is a defect in the form of the will, or when the devise is = forbidden=20 by law; as, when a perpetuity is given, or when the devise in = unintellig-ible.=20 3. When it has been obtained by fraud. 4. When, the devisee is dead. 5. = And when=20 there has been an express or implied revocation of the will. Vide = Legacy; Will.=20

9. - 3. A writ or process is void when there was not any authority = for=20 issuing it, as where the court had no jurisdiction, In such case, the = officers=20 acting under it become trespassers, for they are required, = notwithstanding it=20 may sometimes be a difficult question of law, to decide whether the = court has or=20 has not jurisdiction. 2 Brownl. 124; 10 Co. 69; March's R. 118; 8 T. R. = 424; 3=20 Cranch, R. 330; 4 Mass. R. 234. Vide articles Irregularity; Regular and=20 Irregular Process. Vide, generally, 8 Com. Dig. 644; Bac. Ab. = Conditions, K;=20 Bac. Ab. Infancy, &c. I; Bac. Ab. h. t.; Dane's Ab. Index, h. t.; 3 = Chit.=20 Pr. 75; Yelv. 42, a, note 1; 1 Rawle, R. 163; Bouv. Inst Index, h. t. =

VOIDABLE. That which has some force or effect, but which, in=20 consequence of some inherent quality, may be legally annulled or = avoided.

2. As a familiar example, may be mentioned the case of a contract, = made by an=20 infant with an adult, which maybe avoided or confirmed by the former on = his=20 coining of age. Vide Parties, contracts.

3. Such contracts are generally of binding force until avoided by the = party=20 having a right to annul them. Bac. Ab. Infancy, 1 3; Com. Dig. Enfant; = Fonbl.=20 Eq. b. 1, c. 2, =A74, note b; 3 Burr. 1794 Nels. Ch. R. 5 5; 1 Atk. 3 5 = 4; Stra. 9=20 3 7; Perk. =A712. VOIR. An old French word, which signifies the same as = the modern=20 word vrai, true. Voir dire, to speak truly, to tell the truth.

2. When a witness is supposed to have an interest in the cause, the = party=20 against whom he is called has the choice to prove such interest by = calling=20 another witness to that fact, or be may require the witness produced to = be sworn=20 on his voir dire as to whether he has an interest in the cause, or not, = but the=20 party against whom he is called will not be allowed to have recourse to = both=20 methods to prove the witness interest. If the witness answers he has no=20 interest, he is competent, his oath being conclusive; if he swears he = has an=20 interest, he will be rejected.

3. Though this is the rule established beyond the power of the courts = to=20 change, it seems not very satisfactory. The witness is sworn on his voir = dire to=20 ascertain whether he has an interest, which would disqualify him, = because he=20 would be tempted to perjure himself, if he testified when interested. = But when=20 he is asked whether he has such an interest, if he is dishonest and = anxious to=20 be sworn in the case, he will swear falsely he has none, and his answer = being=20 conclusive, he will be admitted as competent; if, on the contrary, he = swears=20 truly he has an interest, when he knows that will exclude him, he is = told that=20 for being thus honest, he must be rejected. See, generally, 12 Vin. Ab. = 48; 22=20 Vin. Ab. 14; 1 Dall, 375; Dane's Ab. Index, h. t.; and Interest.

VOLUNTARY. Willingly; done with one's consent; negligently. = Wolff, =A75.=20

2. To render an act criminal or tortious it must be voluntary. If a = man,=20 therefore, kill another without a will on his part, while engaged in the = performance of a lawful act, and having taken proper care to prevent it, = he is=20 not guilty of any crime. And if he commit an injury to the person or = property of=20 another, he is not liable for damages, unless the act has been voluntary = or=20 through negligence, as when a collision takes place between two ships = without=20 any fault in either. 2 Dobs. R. 83 3 Hagg. Adm. R. 320, 414.

3. When the crime or injury happens in the performance of an unlawful = act,=20 the party will be considered as having acted voluntarily.

4. A negligent escape permitted by an officer having the custody of a = prisoner will be presumed as voluntary; under a declaration or count = charging=20 the escape to have been voluntary, the party will, therefore, be allowed = to give=20 a negligent escape in evidence. 1 Saund. 35, n. 1. So Will.

VOLUNTARY CONVEYANCE, contracts. The transfer of an estate = made=20 without any adequate consideration of value.

2. Whenever a voluntary conveyance is made, a presumption of fraud = properly=20 arises upon the statute of 27th Eliz. cap. 4, which presumption may be = repelled=20 by showing that the transaction on which the conveyance was founded, = virtually=20 contained some conventional stipulations, some compromise of interests = or=20 reciprocity of benefits, that point out an object and motive beyond the=20 indulgence of affection or claims of kindred, and not reconcilable with = the=20 supposition of intent to deceive a purchaser. But unless so repelled, = such a=20 conveyance coupled with a subsequent negotiation for sale, is conclusive = evidence of statutory fraud. 5 Day, 223, 341; 1 Johns. Cas. 161; 4 John. = Ch. R.=20 450; 3 Conn. 450; 4 Conn. 1; 4 John. R. 536; 15 John. R. 14; 2 Munf. R. = 363. A=20 distinction has been made between previous and subsequent creditors; = such a=20 conveyance is void as to the former but not as to the latter. 8 Wheat. = 229; 3=20 John. Ch. 481; and see 6 Alab. R. 506; 9 Alab. R. 937; 10 Conn. 69. And = a=20 conveyance by a father who, though in debt, is not in embarrassed = circumstances,=20 who makes a reasonable provision for a child, leaving property = sufficient to pay=20 his debts, is not per se, fraudulent. 4 Wheat. 27; 6 Watts & S. 97; = 4 Verm.=20 889; 6 N. H. Rep. 67; 11 Leigh, 137; 5 Ohio, 121.

3. By the statute of 3 Henry VII. c. 4, all deeds of gifts of goods = and=20 chattels in trust for the donor were declared void; and by the statute = of 13=20 Eliz. ch. 5, gifts of goods and chattels, as well as of lands, by = writing or=20 otherwise, made with intent to delay, hinder and defraud creditors, were = rendered void as against the person to whom such frauds would be = prejudicial.=20

4. The principles of these statutes, which indeed have been copied = from the=20 civil law, Dig. 42, 8 , 5, 11; 2 Bell's Com. 182, though they may not = have been=20 substantially reenacted, prevail throughout the United States. 8 Johns. = Ch. R.=20 481; 1 Halst. R. 450; 5 Cowen, 87; 8 Wheat. R. 229; 11 Id. 199; 12 Serg. = &=20 Rawle, 448; 9 Mass. R. 390; 11 Id. 421; 4 Greenl. R. 52; 2 Pick. R. 411; = 8 Com.=20 Dig. App. h. t.; 22 Vin. Ab. 15; 1 Vern. 38, 101; Rob. on Fr. Conv. 65, = 478=20 Dane's Ab. Index, h. t.; 14 Ves. 344; 4 McCord, 294; 1 Rawle. 231; 1 = Rep, Const.=20 Ct. 180; 1 N. & McCord, 334; Coxe, 56; Hare & Wall. Sel. Dee. = 33-69.=20 Vide Contracts; Indebtedness; Settlement.

5. As between the parties such conveyances are, in general, good. 2 = Rand.=20 384; 1 John. Chan. R. 329, 336; 1 Wash. 274 And when it has once been = executed=20 and delivered, it cannot be recalled; even where an unmarried man = executes a=20 voluntary trust deed for the benefit of future children, nor can he = relieve=20 himself from a provision in the conveyance to the trustee, under which = the=20 income of the trust property is to be paid to him at. the discretion of = a third=20 person. 2 My. & Keen, 496. See 2 Moll. 257.

VOLUNTARY DEPOSIT, civil law. One which is made by the mere = consent or=20 agreement of the parties. 1 Bouv. Inst. n. 1054.

VOLUNTARY ESCAPE. The giving to a prisoner voluntarily, any = liberty=20 not authorized by law. 5 Mass. 310; 2 Chipm. 11; 3 Harr. & John. = 559; 2=20 Harr. & Gill. 106; 2 Bouv. Inst. n. 2332.

VOLUNTARY JURISDICTION. In the ecclesiastical law, = jurisdiction is=20 either contentious jurisdiction, (q. v.) or voluntary jurisdiction. By = the=20 latter term is understood that kind of jurisdiction which requires no = judicial=20 proceedings, as, the granting letters of administration and receiving = the=20 probate of wills.

VOLUNTARY NONSUIT, practice. The abandonment of his cause by a = plaintiff, and an agreement that a judgment for costs be entered against = him. 3=20 Bouv. Inst. n. 3306.

VOLUNTARY SALE, contracts. One made freely, without = constraint, by the=20 owner of the thing &old. 1 Bouv. Inst. n. 974.

VOLUNTARY WASTE. That which is either active or wilful, in=20 contradistinction to that which arises from mere negligence, which is = called=20 permissive waste. 2 Bouv. Inst. 2394, et seq. Vide Waste.

VOLUNTEERS, contracts. Persons who receive a voluntary = conveyance. (q.=20 v.)

2. It is a general rule of the courts of equity that they will not = assist a=20 mere volunteer who has a defective conveyance. Fonbl. B. 1, c. 5, s. 2, = and See=20 the note there for some exceptions to this rule. Vide, generally, 1 = Madd. Ch.=20 271,. 1 Supp. to Ves. jr. 320; 2 Id. 321; Powell on Mortg. Index, h. t. = 4 Bouv.=20 Inst. n. 3968-73.

VOLUNTEERS, army. Persons who in time of war offer their = services to=20 their country and march in its defence.

2. Their rights and duties are prescribed by the municipal laws of = the=20 different states. But when in actual service they are subject to the = laws of the=20 United States and the articles of war.

VOTE. Suffrage; the voice of an individual in making a choice = by many.=20 The total number of voices given at an election; as, the presidential = vote.

2. Votes are either given, by ballot, v.) or viva voce; they may be=20 deli-vered personally by the voter himself, or, in some cases, by proxy. = (q. v.)=20

3. A majority (q. v.) of the votes given carries the question = submitted,=20 unless in particular cases when the constitution or laws require that = there=20 shall be a majority of all the voters, or when a greater number than a = simple=20 majority is expressly required; as, for example in the case of the = senate in=20 making treaties by the president and senate, two-thirds of the senators = present=20 must concur. Vide Angell on Corpor. Index, h. t.

4. When the votes are equal in number, the proposed measure is = lost.

VOTER. One entitled to a vote; an elector.

VOUCHEE. In common recoveries, the person who is called to = warrant or=20 defend the title, is called the vouchee. 2 Bouv. Inst. n. 2093.

VOUCHER, accounts. An account book in which are entered the=20 acquittances, or warrants for the accountant's discharge. It also = signifies any=20 acquittance or receipt, which is evidence of payment, or of the debtor's = being=20 discharged. See 3 Halst. 299.

VOUCHER, common recoveries. The voucher in common recoveries, = is the=20 person on whom the tenant to the praecipe calls to defend the title to = the land,=20 because he is supposed to have warranted the title to him at the time of = the=20 original purchase.

2. The person usually employed for this purpose is the cryer of the = court,=20 who is therefore called the common voucher. Vide Cruise, Dig. tit. 36, = c. 3, s.=20 1; 22 Vin. Ab. 26; Dane, Index, h. t.; and see Recovery.

VOUCHER TO WARRANTY, common recoveries. The calling one who = has=20 warranted lands, by the party warranted, to come and defend the suit for = him.=20 Co. Litt. 101, b. Vide Warranty, voucher to.

VOYAGE, marine law. The passage of a ship upon the seas, from = one port=20 to another, or to several ports.

2. Every voyage must have a terminus a quo and a terminus ad quem. = When the=20 insurance is for a limited time, the two extremes of that time are the = termini=20 of the vovage insured. When a ship is insured both outward and homeward, = for one=20 entire premium, this with reference to the insurance, is considered but = one=20 voyage; and the terminus a quo is also the terminus ad quem. Marsh. Ins. = B. 1,=20 c. 7, s. 1 to 5. As to the commencement and ending of the voyage, see = Risk.

3. The voyage, with reference to the legality of it, is sometimes = confounded=20 with the traffic in which the ship is engaged, and is frequently said to = be=20 illegal, only because the trade is so. But a voyage may be lawful, and = yet the=20 transport of certain goods on board the ship may be prohibited or the = voyage may=20 be illegal, though the transport of the goods be lawful. Marsh. Ins. B. = 1, c. 6,=20 s. 1. See Lex Merc. Amer. c. 10, s. 14; Park. Ins. ch. 12; Wesk. his. = tit.=20 Voyages; and Deviation,

4. In the French law the Voyage de conserve, is the name given to = designate=20 an agreement made between two or more sea captains that they will not = separate=20 in their voyage, will lend aid to each other, and will defend themselves = against=20 a common enemy, or the enemy of one of them, in case of attack. This = agreement=20 is said to be a partnership. 8 Pardes. Dr. Com. n. 656; 4 Pardes. Dr. = Com. n.=20 984; 20 Toull. n. 17.

Index

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