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Entered according to Act of Congress, in the year one thousand eight hundred and thirty-nine,

BY JOHN BOUVIER,

In the Clerk's Office of the District Court for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year one thousand eight hundred and forty-three,

BY JOHN BOUVIER,

In the Clerk's Office of the District Court for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year one thousand eight hundred and forty-eight,

BY JOHN BOUVIER,

In the Clerk's Office

the District Court for the Eastern District of Pennsylvania

Q apul 17.1928

APR 17 1928

Entered according to Act of Congress, in the year one thousand eight hundred and fifty-two,

BY ELIZA BOUVIER AND ROBERT E. PETERSON, TRUSTEES,

In the Clerk's Office of the District Court for the Eastern District of Pennsylvania.

DEACON & PETERSON, PRINTERS

66 sotTH THIRD STREET.

A

LAW DICTIONARY.

LABEL. A narrow slip of paper or functionary in the British house of comparchment, affixed to a deed or writing mons. When the husband sues for a hanging at or out of the same. This name divorce, or asks the passage of an act to is also given to an appending seal.

divorce him from his wife, he is required to LABOR. Continued operation ; work. make a provision for her before the passage

2. The labor and skill of one man is of the act; it is the duty of the lady's frequently used in a partnership, and valued friend to see that such a provision is made. as equal to the capital of another.

Macq. on H. & W. 213. 3. When business has been done for LAGA. The law; Magna Carta ; hence another, and suit is brought to recover a Saxon-lage, Mercen-lage, Dane-lage, &c. just reward, there is generally contained in LAGAN. Goods tied to a buoy and the declaration, a count for work and labor. cast into the sea are so called. The same

4. Where penitentiaries exist, persons as Ligan. (q. v.) who have committed crimes are condemned LAIRESITE. The name of a fine imto be imprisoned therein at labor.

posed upon those who committed adultery LACHES. This word, derived from the or fornication. Tech. Dict. h. t. French lacher, is nearly synonymous with LAITY. Those persons who do not negligence.

make a part of the clergy. In the United 2. In general, when a party has been States the division of the people into clergy guilty of laches in enforcing his right by and laity is not authorized by law, but is great delay and lapse of time, this circum- merely conventional. stance will at common law prejudice, and LAMB. A ram, sheep or ewe, under sometimes operate in bar of a remedy which the age of one year. 4 Car. & P. 216; S. it is discretionary and not compulsory in C. 19 Eng. Com. Law Rep. 351. the court to afford. In courts of equity, LAND. This term comprehends any also, delay will generally prejudice. 1 Chit. ground, soil or earth whatsoever, as meaPr. 786, and the cases there cited; 8 Com. dows, pastures, woods, waters, marshes, Dig. 684; 6 Johns. Ch. R. 360.

furze and heath. It has an indefinite ex3. But laches may be excused from tent upwards as well as downwards ; thereignorance of the party's rights; 2 Mer. R. fore land, legally includes all houses and 362; 2 Ball & Beat. 104; from the ob- other buildings standing or built on it; and scurity of the transaction; 2 Sch. & Lef. whatever is in a direct line between the sur487 ; by the pendency of a suit; 1 Sch. & face and the centre of the earth, such as Lef. 413; and where the party labors under mines of metals and fossils. 1 Inst. 4 a; a legal disability, as insanity, coverture, in- Wood's Inst. 120; 2 Bl. Com. 18; 1 Cruise fancy, and the like. And no laches can be on Real Prop. 58. In a more confined imputed to the public. 4 Mass. Rep. 522; sense, the word land is said to denote 3 Serg. & Rawle, 291; 4 Henn. & Munf. “frank tenement at the least.” Shepp. 57; 1 Penna. R. 476. Vide 1 Supp. to Touch. 92. In this sense, then, leaseholds Ves. Jr. 436; 2 Id. 170; Dane's Ab. In- cannot be said to be included under the dex, h. t.; 4 Bouv. Inst. n. 3911.

word lands. 3 Madd. Rep. 535. The techLADY'S FRIEND. The name of a ' nical sense of the word land is further

(3)

explained by Sheppard, in his Touch. p. 88, unless he bind himself by express covenant thus: “if one be seised of some lands in the tenant cannot compel him to repair. 1 fee, and possessed of other lands for years, Saund. 320; 1 Vent. 26, 44; 1 Sed. 429 ; all in one parish, and he grant all his lands 2 Keb. 505; 1 T. R. 312; 1 Sim. R. 146. in that parish (without naming them) in fee 3. His rights are, 1. To receive the simple or for life; by this grant shall pass rent agreed upon, and to enforce all the no more but the lands he hath in fee express covenants into which the tenant simple.” It is also said that land in its may have entered. 2. To require the lessee legal acceptation means arable land. 11 to treat the premises demised in such manCo. 55 a. See also Cro. Car. 293; 2 P. ner that no injury be done to the inheritWms. 458, n.; 5 Ves. 476; 20 Vin. Ab. ance, and prevent waste.

3. To have the 203.

possession of the premises after the expira2. Land, as above observed, includes in tion of the lease. Vide, generally, Coin. L. general all the buildings erected upon it; & T., B. 3, c. 1; Woodf. L. & T. ch. 10; 9 Day, R. 374; but to this general rule, 2 Bl. Com. by Chitty, 275, note; Bouy. there are some exceptions. It is true, that Inst. Index, h. t.; 1 Supp. to Ves. Jr. 212, if a stranger voluntarily erect buildings on 246, 249; 2 Id. 232, 403; Com. Dig. Estate another's land; they will belong to the by Grant, G1; 5 Com. Dig. tit. Nisi Prius owner of the land, and will become a part Dig: page 553; 8 Com. Dig. 694; Whart. of it; 16 Mass. R. 449; yet cases are not Dig. Landlord & Tenant. As to frauds bewanting where it has been decided that such tween landlord and tenant, see Hov. Fr. c. an erection, under peculiar circumstances, 6, p. 199 to 225. would be considered as personal property.

LANGUAGE. The faculty which men 4 Mass. R. 514; 8 Pick. R. 283, 402; 5 possess of communicating their perceptions Pick, R. 487; 6 N. H. Rep. 555; 2 Fairf. and ideas to one another by means of articuR. 371; 1 Dana, R. 591; 1 Burr. 144. late sounds. This is the definition of spoken

LAND MARK. A monument set up in language; but ideas and perceptions may order to ascertain the boundaries between be communicated without sound by writing, two contiguous estates. For removing a and this is called written language. By land mark an action lies. 1 Tho. Co. Litt. conventional usage certain sounds have a 787. Vide Monuments.

definite meaning in one country or in cerLAND TENANT. He who actually pos- tain countries, and this is called the lansesses the land.

He is technically called guage of such country or countries, as the the terre-tenant. (q. v.)

Greek, the Latin, the French or the English LANDLORD. He who rents or leases language. The law, too, has a peculiar lanreal estate to another.

guage. Vide Eunom. Dial. 2 ; Technical. 2. He is bound to perform certain duties 2. On the subjugation of England by and is entitled to certain rights, which will William the Conqueror, the French Norman here be briefly considered. 1st. His obliga- language was substituted in all law protions are, 1. To perform all the express ceedings for the ancient Saxon. This, ac.covenants into which he has entered in cording to Blackstone, vol. iii. p. 317, was making the lease. 2. To secure to the tenant the language of the records, writs and the quiet enjoyment of the premises leased; pleadings, until the time of Edward III. but a tenant for years has no remedy against Mr. Stephen thinks Blackstone has fallen his landlord, if he be ousted by one who has into an error, and

says

the record was, from no title, in that case the law leaves him to the earliest period to which that document his remedy against the wrong doer. Y. B. can be traced, in the Latin language. Plead. 22 H. VI. 52 b, and 32 H. VI. 32 b; Cro. Appx. note 14. By the statute 36 Ed. III. Eliz. 214; 2 Leon. 104; and see Bac. Ab. st. 1, c. 15, it was enacted that for the Covenant, B. But the implied covenant future all pleas should be pleaded, shown, for quiet enjoyment may be qualified, and defended, answered, debated and judged in enlarged or narrowed according to the par- the English tongue ; but be entered and ticular agreement of the parties; and a enrolled in Latin. The Norman or law general covenant for quiet enjoyment does French, however, being more familiar as not extend to wrongful evictions or dis applied to the law, than any

other language, turbances by a stranger. Y. B. 26 H. VIII. the lawyers continued to employ it in ma3 b. 3. The landlord is bound by his ex- king their notes of the trial of cases, wbich press covenant to repair the premises, but they afterwards published in that barbarous

ousness.

dialect, under the name of Reports. After published in such language, will be punthe enactment of this statute, on the intro- ished as if spoken or written in the English duction of paper pleadings, they followed language. Bac. Ab. Slander, D 3; 1 Roll. in the language, as well as in other re- Ab. 74; 6 T. R. 163. For the construcspects, the style of the records, which were tion of language, see articles Construction; drawn up in Latin. This technical language Interpretation; and Jacob's Intr. to the continued in use till the time of Cromwell, Com. Law Max. 46. when by a statute the records were directed 5. Among diplomatists, the French lanto be in English ; but this act was repealed guage is the one commonly used. At an at the restoration, by Charles II., the law- early period the Latin was the diplomatio yers finding it difficult to express themselves language in use in Europe. Towards the as well and as concisely in the vernacular end of the fifteenth century that of Spain as in the Latin tongue; and the language gained the ascendancy, in consequence of of the law continued as before till about he great influence which that

country then the year 1730, when the statute of 4 Geo. II. exercised in Europe. The French, since c. 26, was passed. It provided that both the the age of Louis XIV. has become the pleadings and the records should thencefor almost universal diplomatic idiom of the ward be framed in English. The ancient civilized world, though some states use their terms and expressions which had been so national language in treaties and diplomatic long known in French and Latin were now correspondence. It is usual in these cases literally translated into English. The trans- to annex to the papers transmitted, a translation of such terms and phrases were found lation in the language of the opposite party; to be exceedingly ridiculous. Such terms wherever it is understood this comity will be as nisi prius, habeas corpus, fieri facias, reciprocated, This is the usage of the Germandamus, and the like, are not capable of manic confederation, of Spain, and of the an English dress with any degree of seri- Italian courts. When nations using a com

They are equally absurd in the mon language, as the United States and manner they are employed in Latin, but use Great Britain, treat with each other, such and the fact that they are in a foreign language is used in their diplomatic interlanguage has made the absurdity less ap- course. parent.

Vide, generally, 3 Bl. Com. 323 ; 1 Chit. 3. By statute of 6 Geo. II., c. 14, Cr. Law, *415 ; 2 Rey, Institutions Judicipassed two years after the last mentioned aires de l'Angleterre, 211, 212. statute, the use of technical words was LANGUIDUS, practice. The name of a allowed to continue in the usual language, return made by the sheriff, when a defendwhich defeated almost every beneficial pur- ant whom he has taken by virtue of process pose of the former statute. In changing is so dangerously sick that to remove him from one language to another, many words would endanger his life or health. In that and technical expressions were retained in case the officer may and ought unquestionthe new, which belonged to the more ancient ably to abstain from removing him, and language, and not seldom they partook of may permit him to remain even in his own both; this, to the unlearned student, has house, in the custody of a follower, though given an air of confusion, and disfigured not named in the warrant, he keeping the the language of the law. It has rendered key of the house in his possession; the essential also the study of the Latin and officer ought to remove him as soon as suffiFrench languages. This perhaps is not to ciently recovered. If there be a doubt as be regretted, as they are the keys which to the state of health of the defendant, the open to the ardent student vast stores of officer should require the attendance and knowledge. In the United States, the re- advice of some respectable medical man, and cords, pleadings, and all law proceedings require him, at the peril of the consequences are in the English language, except certain of misrepresentation, to certify in writing technical terms which retain their ancient whether it be fit to remove the party, or French and Latin dress.

take him to prison within the county. 3 4. Agreeinents, contracts, wills and other Chit. Pr. 358. For a form of the return of instruments, may be made in any language, languidus, see 3 Chit. P. 249; T. Chit. and will be enforced. Bac. Ab. Wills, D 1. Forms, 53. And a slander spoken in a foreign language, LAPSE, eccles. law. The transfer, by if understood by those present, or a libel forfeiture, of a right or power to present or collate to a vacant benefice, from, a person | away, but the slightest removal, if the vested with such right, to another, in conse-goods are completely_in the power of the quence of some act of negligence of the thief, is sufficient. To snatch a diamond former. Ayl. Parerg. 331.

from a lady's ear, which is instantly dropLAPSEĎ LEGACY. One which is ex- ped among the curls of her hair, is a suftinguished. The extinguishment may take ficient asportation or carrying away. place for various reasons. See Legacy,

6.-5. The property taken must be perLapsed.

sonal property; a

man cannot commit 2. A distinction has been made between larceny of real estate, or of what is so a lapsed devise of real estate and a lapsed considered in law. A familiar example will legacy of personal estate. The real estate illustrate this; an apple, while hanging on which is lapsed does not fall into the resi- the tree where it grew, is real estate, having due, unless so provided by the will, but de- never been separated from the freehold; it scends to the heir at law; on the contrary, is not larceny, therefore, at common law, to personal property passes by the residuary pluck an apple from the tree, and appropriclause where it is not otherwise disposed of. ate it to one's own use, but a mere trespass ; 2 Bouv. Inst. 2154-6.

if that same apple, however, had been sepaLARCENY, crim. law. The wrongful rated from the tree by the owner or otherand fraudulent taking and carrying away, wise, even by accident, as if shaken by the by one person, of the mere personal goods wind, and while lying on the ground it of another, from any place, with a felonious should be taken with a felonious intent, the intent to convert them to his, the taker's taker would commit a larceny, because then use, and make them his property, without it was personal property. In some states the consent of the owner. 4 Wash. C. C. there are statutory provisions to punish the R. 700.

felonious taking of emblements or fruits of 2. To constitute larceny, several ingre- plants, while the same are hanging by the dients are necessary. 1. The intent of the roots, and there the felony is complete, party must be felonious ; he must intend to although the thing stolen is not, at comappropriate the property of another to his mon law, strictly personal property. Aniown use; if, therefore, the accused have mals feræ nature, while in the enjoyment taken the goods under a claim of right, of their natural liberty, are not the subjects however unfounded, he has not committed of larceny; as, doves; 9 Pick. 15; bees. a larceny.

3 Binn. 546. See Bee; 5 N. H. Rep. 203. 3.—2. There must be a taking from the At common law, choses in action are not possession, actual or implied, of the owner; subjects of larceny. 1 Port. 33. hence if a man should find goods, and ap- 7. Larceny is divided in some states, propriate them to his own use, he is not a into grand and petit larceny ; tbis depends thief on this account. Mart. and Yerg. upon the value of the property stolen. Vide 226; 14 John. 294; Breese, 227.

1 Hawk, 141 to 250, ch. 19; 4 Bl. Com. 4.-3. There must be a taking against 229 to 250 ; Com. Dig. Justices, O 4, 5, 6, the will of the owner, and this may be in 7,8; 2 East's P. C. 524 to 791; Burn's some cases, where he appears to consent; Justice, Larceny; Williams' Justice, Felofor example, if a man suspects another of ny; 3 Chitty's Cr. Law, 917 to 992; and an intent to steal his property, and in order articles Carrying Away; Invito Domino; to try him leaves it in his way, and he takes Robbery; Taking; Breach, 6. it, he is guilty of larceny. The taking must LARGE. Broad; extensive; unconbe in the county where the criminal is to be fined. The opposite of strict, narrow, or tried. 9 C. & P. 29; S. C. 38 E. C. L. R. confined. At large, at liberty. 23 ; Ry. & Mod. 319. But when the taking LAS PARTIDAS. The name of a code has been on the county or state, and the of Spanish law; sometimes called lus siete thief is caught with the stolen property in partidas, or the seven parts, from the numanother county than that where the theft ber of its principal divisions. It is a comwas committed, he may be tried in the pilation from the civil law, the customary county where arrested with the goods, as law of Spain, and the canon law. Such of by construction of law, there is a fresh its provisions as are applicable are in force taking in every county in which the thief in Louisiana, Florida, and Texas. carries the stolen property.

LASCIVIOUS CARRIAGE, law of 5.–4. There must be an actual carrying Connecticut. An offence, ill defined, cre

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