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ing, is one of the attributes which belong to humanity alone; and its importance gives it the rank of the moral law of nature. From this sentiment 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 laws of nature, whence flow our duties and rights; and the existence of society depends upon the condition that the rights of all shall be respected. On this law are based the assist-states; ance, succors and good offices which men owe to each other, they being unable to provide each every thing for himself.
LAW, PENAL. One which inflicts a penalty for a violation of its enactment.
LAW, POSITIVE. Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1. The universal voluntary law, or those rules which are presumed to be law, by the uniform prac-ful control. tice of nations in general, and by the manifest utility of the rules themselves. 2. The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent an utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it. 1 Taunt. 241. 3. The conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. 1 Chit. Comm. Law, 28.
LAW, PRIVATE. An act of the legislature which relates to some private matters, which do not concern the public at large.
LAW, PROSPECTIVE. One which provides for, and regulates the future 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 interest. LAW, RETROSPECTIVE. A retrospective law is one that is to take effect, in point of time, before it was passed.
the forms prescribed by the constitution; an act of the legislature. See Statute.
LAW, UNWRITTEN, or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs. LAW, WRITTEN, or lex scripta. This consists of the constitution of the United States; the constitutions of the several the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties. Sce Statute.
LAWFUL. That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, pœnam non meretur. be valid a contract must be lawful. LAWLESS. Without law; without law
LAWS EX POST FACTO. Those which are made to punish actions committed before the existence of such laws, and which had not been declared crimes by preceding laws. Declar. of Rights, Mass. part 1, s. 24; Declar. of Rights, Maryl. art. 15. By the constitution of the United States and those of the several states, the legislatures are forbidden to pass ex post facto laws. Const. U. S. art. 1, s. 10, subd. 1.
2. There is a distinction between er post facto laws, and retrospective laws; every ex post facto law must necessarily be retrospective, but every retrospective law is not an ex post facto law; the former only are prohibited.
3. Laws under the following circumstances are to be considered ex post facto laws, within the words and intents of the prohibition; 1st. Every law that makes an act done before the passing of the law, and which was innocent when done, criminal, and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed. 4th. Every law that alters the legal rules of evidence and receives less, or different testimony, than the
Whenever a law of this kind impairs the obligation of contracts, it is void. 3 Dall. 391. But laws which only vary the reme-law required at the time of the commission dies, divest no right, but merely cure a de- of the offence, in order to convict the offect in proceedings otherwise fair, are valid. fender. 3 Dall. 390. 10 Serg. & Rawle, 102, 3; 15 Serg. & Rawle, 72. See Ex post facto.
LAW, STATUTE. The written will of the legislature, solemnly expressed according to
4. The policy, the reason and humanity of the prohibition against passing ex post facto laws, do not extend to civil cases, to cases that merely affect the private property
Some of the most necessary | ning of the book entitled "Us et Coutumes acts of legislation are, on the contrary, de la Mer," with a very excellent commenfounded upon the principles that private tary on each section by Clairac, the learned rights must yield to public exigencies. 3 editor. A translation is to be found in the Dall. 400; 8 Wheat. 89; see 1 Cranch, Appendix to 1 Pet. Adm. Dec.; Marsh. Ins. 109; 1 Gall. Rep. 105; 9 Cranch, 374; B. 1, c. 1, p. 16. See Laws of Wisbuy : 2 Pet. S. C. R. 627; Id. 380; Id. 523. Laws of the Hanse Towns; Code.
LAWS OF WISBUY, maritime law. A code of sea laws established by "the merchants and masters of the magnificent city of Wisbuy." This city was the ancient capital of Gothland, an island in the Baltic sea, anciently much celebrated for its commerce and wealth, now an obscure and inconsiderable place. Malyne, in his collection of sea laws, p. 44, says that the laws of Oleron were translated into Dutch by the people of Wisbuy for the use of the Dutch coast. By Dutch, he probably means German, and it cannot be denied that many of the provisions contained in the Laws of Wisbuy, are precisely the same as those which are found in the Laws of Oleron. The northern writers pretend however that they are more ancient than the Laws of Oleron, or than even the Consolato del Mare. Clairac treats this notion with contempt, and declares that at the time of the promulgation of the laws of Oleron, in 1266, which was many years after they were compiled, the magnificent city of Wisbuy had not yet acquired the denomination of a town. Be this as it may, these laws were for some ages, and indeed still remain, in great authority in the northern part of Europe. "Lex Rhodia navalis," says Grotius, "pro jure gentium, in illo mare Mediteraneo vigebat; sicut apud Gallium leges Oleronis, et apud omnes transrhenanos, leges Wisbuenses." Grotius de Jure bel. lib. 2, c. 3.
A translation of these laws is to be found in 1 Peter's Adm. Dec. Appendix. See Code; Laws of Oleron.
LAWS, RHODIAN, maritime law. A code of laws adopted by the people of Rhodes, who had, by their commerce and naval victories, obtained the sovereignty of the sea, about nine hundred years before the Christian era. There is reason to suppose this code has not been transmitted to posterity, at least not in a perfect state. A collection of marine constitutions, under the denomination of Rhodian Laws, may be seen in Vinnius, but they bear evident marks of a spurious origin. See Marsh. Ins. B. 1, c. 4, p. 15; this Dict. Code; Laws of Oleron; Laws of Wisbuy; Laws of the Hanse Towns.
LAWS OF THE TWELVE TABLES. Laws of ancient Rome composed in part from those of Solon, and other Greek legislators, and in part from the unwritten laws or customs of the Romans. These laws first appeared in the year of Rome 303, inscribed on ten plates of brass. The following year two others were added, and the entire code bore the name of the Laws of the Twelve Tables. The principles they contained became the source of all the Roman law, and serve to this day as the foundation of the jurisprudence of the greatest part of Eu
See a fragment of the Law of the Twelve Tables in Coop. Justinian, 656; Gibbon's Rome, c. 44.
LAWS OF THE HANSE TOWNS. A code of maritime laws known as the laws of the Hanse towns, or the ordinances of the Hanseatic towns, was first published in German, at Lubec, in 1597. In an assembly of deputies from the several towns held at Lubec, these laws were afterwards, May 23, 1614, revised and enlarged. The text of this digest, and a Latin translation, are published with a commentary by Kuricke; and a French translation has been given by Cleirac. LAWS OF OLERON, maritime law. A code of sea laws of deserved celebrity. It was originally promulgated by Eleonor, duchess of Guienne, the mother of Richard the First, of England. Returning from the Holy Land, and familiar with the maritime regulations of the Archipelago, she enacted these laws at Oleron in Guienne, and they derive their title from the place of their publication. The language in which they were originally written is the Gascon, and their first object appears to have been the commercial operations of that part of France only. Richard I., of England, who inherited the dukedom of Guienne from his mother, improved this code, and introduced it into England. Some additions were made to it by King John; it was promulgated anew in the 50th year of Henry III., and received its ultimate confirmation in the 12th year of Edward III. Brown's Civ. and Adm. Law, vol. ii. p. 40.
2. These laws are inserted in the begin
LAWYER. A counsellor; one learned | intended to veto an act of the legislative in the law. Vide Attorney. assembly. 1 Toull. n. 42.
TO LEAD TO USES. In England, when deeds are executed prior to fines and recoveries, they are called deeds to lead to uses; when subsequent, deeds to declare the uses.
LAY, English law. That which relates to persons or things not ecclesiastical. In the United States, the people are not, by law, divided, as in England, into ecclesiastical and lay. The law makes no distinction between them.
LEADING. That which is to be fol
TO LAY, pleading. To state or to allege.lowed; as, a leading case; leading question; The place from whence a jury are to be summoned, is called the venue, and the allegation in the declaration, of the place where the jury is to be summoned, is in technical language, said to lay the venue. 3 Steph. Com. 574; 3 Bouv. Inst. n. 2826. TO LAY DAMAGES. The statement at the conclusion of the declaration; the amount of damages which the plaintiff claims.
LAY CORPORATION. One which affects or relates to other than ecclesiastical per
LAY DAYS, mar. law. The time allowed to the master of a vessel for loading and unloading the same. In the absence of any custom to the contrary, Sundays are to be computed in the calculation of lay days at the port of discharge. 10 Mees. & Wels. 331. See 3 Esp. 121. They differ from demurrage. (q. v.)
LAY PEOPLE. By this expression was formerly understood jurymen. Finch's Law, B. 4, p. 381; Eunom. Dial. 2, § 51, p.
LAYMAN, eccl. law. One who is not an ecclesiastic nor a clergyman.
LAZARET or LAZARETTO. A place selected by public authority, where vessels coming from infected or unhealthy countries are required to perform quarantine. Vide Health.
LÆSEÆ MAJESTATIS CRIMEN. The crime of high treason. Glanv. lib. 1, c. 2; Clef des Lois Rom. h. t.; Inst. 4, 18, 3; Dig. 48, 4; Code, 9, 8.
LE ROI S'AVISERA. The king will consider of it. This phrase is used by the English monarch when he gives his dissent to an act passed by the lords and commons. The same formula was used by the late king of the French, for the same purpose. 1 Toull. n. 52. Vide Veto.
LEADING CASE. A case decided by a court in the last resort, which settles a particular point or question; the principles upon which it is decided are to be followed in future cases, which are similar to it. Collections of such cases have been made, with commentaries upon them by White, by Wallace and Hare, and others.
LEADING COUNSEL, English law. When there are two or more counsel employed on the same side in a cause, he who has the principal management of the cause, is called the leading counsel, as distinguished from the other, who is called the junior counsel.
LEADING QUESTION, evidence, practice. A question which puts into the witness' mouth the words to be echoed back, or plainly suggests the answer which the party wishes to get from him. 7 Serg. & Rawle, 171; 4 Wend. Rep. 247. In that case the examiner is said to lead him to the answer. It is not always easy to determine what is or is not a leading question.
2. These questions cannot, in general, be put to a witness in his examination in chief. 6 Binn. R. 483, 3 Binn. R. 130; 1 Phill. Ev. 221; 1 Stark. Ev. 123. But in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears the witness wishes to conceal the truth, or to favor the opposite party, or where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry, without a particular specification of such subject. 1 Camp. R. 43; 1 Stark. C. 100.
3. In cross-examinations, the examiner has generally the right to put leading questions. 1 Stark. Ev. 132; 3 Chit. Pr. 892; Rosc. Civ. Ev. 94; 3 Bouv. Inst. n. 3203-4.
LE ROI LE VEUT. The king assents. This is the formula used in England, and formerly in France, when the king approved of a bill passed by the legislature. 1 Toull. n. 52.
LE ROI VEUT EN DELIBERER. The king will deliberate on it. This is the formula league. See Acts of Congress of June 5, which the late French king used, when he | 1794, 1 Story's L. U. S. 352; and April
LEAGUE, measure. A league is a measure of length, which consists of three geographical miles. The jurisdiction of the United States extends into the sea a marine
20, 1818, 3 Story's L. U. S. 1694; 1 Wait's State Papers, 195. Vide Cannon Shot. LEAGUE, crim. law, contracts. In criminal law, a league is a conspiracy to do an unlawful act. The term is but little
2. In contracts it is applied to agreements between states. Leagues between states are of several kinds. 1st. Leagues offensive and defensive, by which two or more nations agree not only to defend each other, but to carry on war against their common enemies. 2d. Defensive, but not offensive, obliging each to defend the other against any foreign invasion. 3d. Leagues of simple amity, by which one contracts not to invade, injure, or offend the other; this usually includes the liberty of mutual commerce and trade, and the safeguard of merchants and traders in each other's dominion. Bac. Ab. Prerogative, D 4. Vide Confederacy; Conspiracy; Peace; Truce; War.
LEAKAGE. The waste which has taken place in liquids, by their escaping out of the casks or vessels in which they were kept.
2. By the act of March 2, 1799, s. 59, 1 Story's L. U. S, 625, it is provided that there be an allowance of two per cent. for leakage, on the quantity which shall appear by the gauge to be contained in any cask of liquors, subject to duty by the gallon; and ten per cent. on all beer, ale, and porter, in bottles; and five per cent. on all other liquors in bottles; to be deducted from the invoice quantity, in lieu of breakage; or it shall be lawful to compute the duties on the actual quantity, to be ascertained by tale, at the option of the importer, to be made at the time of entry.
LEAL. Loyal; that which belongs to the law.
LEAP YEAR. Vide Bissextile. LEASE, contracts. A lease is a contract for the possession and profits of lands and tenements on one side, and a recompense of rent or other income on the other; Bac. Ab. Lease, in pr.; or else it is a conveyance of lands and tenements to a person for life, or years, or at will, in consideration of a return of rent, or other recompense. Cruise's Dig. tit. Leases. The instrument in writing is also known by the name of lease; and this word sometimes signifies the term, or time for which it was to run; for example, the owner of land, containing a quarry, leases the quarry for ten years, and then conveys the land,"reserving the quarry until the end of the lease;" in this case the reserva
tion remained in force till the ten years expired, although the lease was cancelled by mutual consent within the ten years. 8 Pick. R. 339.
2. To make such contract, there must be a lessor able to grant the land; a lessee, capable of accepting the grant, and a subjectmatter capable of being granted. See Lessor; Lessee.
3. This contract resembles several others, namely: a sale, to constitute which there must be a thing sold, a price for which it is sold, and the consent of the parties as to both. So, in a lease there must be a thing leased, the price or rent, and the consent of the parties as to both. Again, a lease resembles the contract of hiring of a thing, locatio conductio rei, where there must be a thing to be hired, a price or compensation, called the hire, and the agreement and consent of the parties respecting both. Poth. Bail à rente, n. 2.
4. Before proceeding to the examination of the several parts of a lease, it will be proper here to say a few words, pointing out the difference between an agreement or covenant to make a lease, and the lease itself. When an agreement for a lease contains words of present demise, and there are circumstances from which it may be collected that it was meant that the tenant should have an immediate legal interest in the term, such an agreement will amount to an actual lease; but although words of present demise are used, if it appears on the whole, that no legal interest was intended to pass, and that. the agreement was only preparatory to a future lease, to be made, the construction will be governed by the intention of the parties, and the contract will be held to amount to no more than an agreement for a lease. 2 T. R. 739. See Co. Litt. 45 b; Bac. Abr. Leases, K; 15 Vin. Abr. 94, pl. 2; 1 Leon. 129; 1 Burr. 2209; Cro. Eliz. 156; Id. 173; 12 East, 168; 2 Campb. 286; 10 John. R. 336; 15 East, 244; 3 Johns. R. 44, 383; 4 Johns. R. 74, 424; 5 T. R. 163; 12 East, 274; Id. 170; 6 East, 530; 13 East, 18; 16 Esp. R. 106; 3 Taunt. 65; 5 B. & A. 322.
be used in making a lease; but whatever | such alteration made by the party himself, words are sufficient to explain the intent of renders it void. 2d. By breaking or effacing the parties, that the one shall divest him- the seal, unless it be done by accident. 3d. self of the possession and the other come By delivering it up to be cancelled. 4th. By into it, for such a determinate time, whether the disagreement of such whose concurrence they run in the form of a license, covenant, is necessary; as, the husband, where a maror agreement, are of themselves sufficient, ried woman is concerned. 5th. By the judgand will, in construction of law, amount to ment or decree of a court of judicature. a lease for years as effectually as if the most proper and pertinent words had been made use of for that purpose. 4 Burr. 2209; 1 Mod. 14; 11 Mod. 42; 2 Mod. 89; 3 Burr. 1446; Bac. Abr. Leases; 6 Watts, 362; 3 M'Cord, 211; 3 Fairf. 478; 5 Rand. 571; 1 Root, 318.
LEASE AND RELEASE. A species of conveyance, invented by Serjeant Moore, soon after the enactment of the statute of uses. It is thus contrived; a lease, or rather bargain and sale, upon some pecuniary consideration, for one year, is made by the tenant of the freehold to the lessee or bar7.-2. A lease in writing by deed in- gainee. This, without any enrolment, makes dented consists of the following parts, namely, the bargainor stand seised to the use of the 1. The premises. 2. The habendum. 3. The bargainee, and vests in the bargainee the tenendum. 4. The reddendum. 5. The cove-use of the term for one year, and then the nants. 6. The conditions. 7. The warranty. statute immediately annexes the possession. See Deed. Being thus in possession, he is capable of receiving a release of the freehold and reversion, which must be made to the tenant in possession; and, accordingly, the next day a release is granted to him.
8.-3. As to the form, leases may be in writing or not in writing. See Parol Leases. Leases in writing are either by deed or without deed; a deed is a writing sealed and delivered by the parties, so that a lease under seal is a lease by deed. The respective parties, the lessor and lessee, whose deed the lease is, should seal, and now in every case, sign it also. The lease must be delivered either by the parties themselves or their attorneys, which delivery is expressed in the attestation "sealed and delivered in
the presence of us." Almost any manifestation, however, of a party's intention to deliver, if accompanied by an act importing such intention, will constitute a delivery. 1 Ves. jr. 206.
9. A lease may be avoided, 1. Because it is not sufficiently formal; and, 2. Because of some matter which has arisen since its delivery.
10.-1. It may be avoided for want of either, 1st. Proper parties and a proper subject-matter. 2d. Writing or printing on parchment or paper, in those cases where the statute of frauds requires they should be in writing. 3d. Sufficient and legal words properly disposed. 4th. Reading, if desired, before the execution. 5th. Sealing, and in most cases, signing also; or, 6th. Delivery. Without these essentials it is void from the beginning.
11.-2. It may be avoided by matter arising after its delivery; as, 1st. By erasure, interlineation, or other alteration in any material part; an immaterial alteration made by a stranger does not vitiate it, but
2. The lease and release, when used as a conveyance of the fee, have the joint operation of a single conveyance. 2 Bl. Com. 339; 4 Kent, Com. 482; Co. Litt. 207; Cruise, Dig. tit. 32, c. 11.
LEASEHOLD. The right to an estate held by lease.
LEAVE OF COURT. The grant by the court of something, which, without such grant it would have been unlawful to do.
2. Asking leave of court to do any act, is an implied admission of jurisdiction of the court, and, in those cases in which the objection to the jurisdiction must be taken, if at all, by plea to the jurisdiction, and it can be taken in no other way, the court by such asking leave becomes fully vested with the jurisdiction. Bac. Ab. Abatement, A; Bac. Ab. Pleas, &c., E 2; Lawes, Pl. 91; 6 Pick. 391. But such admission cannot aid the jurisdiction except in such cases.
3. The statute of 4 Ann. c. 16, s. 4, provides that it shall be lawful for any defendant, or tenant, in any action or suit, or for any plaintiff in replevin, in any court of record, with leave of the court, to plead as many several matters thereto, as he shall think necessary for his defence. The principles of this statute have been adopted by most of the states of the Union.
4. When the defendant, in pursuance of this statute, pleads more than one plea in bar, to one and the same demand, or