L1:


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

  LABOR. Continued operation;  work.

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

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

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

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

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

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

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

   LAGA. The  law;   Magna Carta;  hence Saxon-lage, Mercen-lage,
Dane-lage, &c.

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

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


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

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

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

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

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

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

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

   2. He  is bound  to perform  certain duties and is entitled to
certain rights,  which will  here be briefly considered. 1st. His
obligations are,  1. To  perform all  the express  covenants into
which he  has entered  in making  the lease.  2. To secure to the


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

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

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

   2. On the subjugation of England by William the Conqueror, the
French Norman language was substituted in all law proceedings for
the ancient  Saxon. This,  according to  Blackstone, vol. iii. p.
317, was  the language of the records, writs and pleadings, until
the time  of Edward III. Mr. Stephen thinks Blackstone has fallen
into an  error, and says the record was, from the earliest period
to which  that document  can be  traced, in  the Latin  language.
Plead. Appx. note 14. By the statute 36 Ed. III. st. 1, c. 15, it
was enacted  that for  the future  all pleas  should be  pleaded,
shown, defended,  answered, debated  and judged  in  the  English
tongue;   but be entered and enrolled in Latin. The Norman or law
French, however,  being more familiar as applied to the law, than
any other  language, the lawyers continued to employ it in making
their  notes  of  the  trial  of  cases,  which  they  afterwards
published, in  that barbarous dialect, under the name of Reports.


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After the enactment of this statute, on the introduction of paper
pleadings, they  followed in  the language,  as well  as in other
respects, the style of the records, which were drawn up in Latin.
This technical  language  continued  in  use  till  the  time  of
Cromwell, when  by a  statute the  records were directed to be in
English;   but this  act was  repealed  at  the  restoration,  by
Charles  II.,   the  lawyers  finding  it  difficult  to  express
themselves as  well and  as concisely in the vernacular as in the
Latin tongue;   and  the language  of the law continued as before
till about  the year  1730, when the statute of 4 Geo. II. c. 26,
was passed.  It provided  that both the pleadings and the records
should thenceforward  be framed in English. The ancient terms and
expressions which had been so long known in French and Latin were
now literally  translated into  English. The  translation of such
terms and  phrases were  found to be exceedingly ridiculous. Such
terms as  nisi prius,  habeas corpus, fieri facias, mandamus, and
the like,  are not capable of an English dress with any degree of
seriousness. They  are equally  absurd in  the  manner  they  are
employed in  Latin, but  use and  the fact  that they  are  in  a
foreign language has made the absurdity less apparent.

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

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

   5. Among diplomatists, the French language is the one commonly
used. At an early period the Latin was the diplomatic language in
use in  Europe. Towards  the end of the fifteenth century that of
Spain  gained   the  ascendancy,  in  consequence  of  the  great
influence which  that  country  then  exercised  in  Europe.  The
French, since  the age  of  Louis  XIV.  has  become  the  almost
universal diplomatic  idiom of  the civilized  world, though some
states use  their national  language in  treaties and  diplomatic


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correspondence. It is usual in these cases to annex to the papers
transmitted, a translation in the language of the opposite party;
wherever it  is understood this comity will be reciprocated. This
is the  usage of the Germanic confederation, of Spain, and of the
Italian courts.  When nations  using a  common language,  as  the
United States  and Great  Britain, treat  with each  other,  such
language is used in their diplomatic intercourse.

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

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

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

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

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

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

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


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

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

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

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

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

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


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

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

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

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

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

  LAST SICKNESS. That of which a person died.

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

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


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

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

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

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

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

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

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


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

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

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

   2. The  Institutes contain the elements or first principles of
the Roman  law, in  four books.  The Digests  or Pandects  are in
fifty books,  and contain  the opinions  and writings  of eminent
lawyers digested  in a systematical method, whose works comprised
more than  two thousand  volumes, The  new code, or collection of
imperial constitutions,  in twelve books;  which was a substitute
for the  code of  Theodosius. The  novels or  new  constitutions,
posterior in  time  to  the  other  books,  and  amounting  to  a


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supplement to  the code,  containing new  decrees  of  successive
emperors as  new questions happened to arise. These form the body
of the Roman law, or corpus juris civilis, as published about the
time of Justinian.

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

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

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

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

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

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

  LAW, COMMON. The common law is that which derives its force and
authority from  the universal  consent and immemorial practice of
the  people.   It  has   never  received   the  sanction  of  the
legislature, by  an express  act, wbich is the criterion by which
it is  distinguished from  the statute  law. It  has  never  been


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reduced to writing;  by this expression, however, it is not meant
that all  those laws  are at present merely oral, or communicated
from former ages to the present solely by word of mouth, but that
the evidence  of our  common law  is contained  in our  books  of
Reports,  and  depends  on  the  general  practice  and  judicial
adjudications of our courts.

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

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

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

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

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

  LAW, INTERNATIONAL. The law of nature applied to the affairs of


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nations, commonly  called the  law of  nations, jus  gentium;  is
also called  by some  modern authors international law. Toullier,
Droit Francais,   tit.  rel. §12.  Mann. Comm.  1;   Bentham.  on
Morals, &c.,  260, 262;   Wheat.  on Int.  Law;  Foelix, Du Droit
Intern. Priv‚, n. 1.

   LAW, MARTIAL.  Martial law  is  a  code  established  for  the
government of the army and navy of the United States.

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

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

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

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


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

  LAW OF NATIONS. The science which teaches the rights subsisting
between nations  or states,  and the obligations correspondent to
those rights.  Vattel's Law  of Nat. Prelim. §3. Some complaints,
perhaps not unfounded, have been made as to the want of exactness
in the  definition of  this  term.  Mann.  Comm.  1.  The  phrase
"international law"  has been proposed, in its stead. 1 Benth. on
Morals and  Legislation, 260,  262.  It  is  a  system  of  rules
deducible by  natural reason  from the  immutable  principles  of
natural justice,  and established  by universal consent among the
civilized inliabitants  of the  world;   Inst. lib.  1, t. 2, §1;
Dig. lib. 1, t. 1, l. 9;  in order to decide all disputes, and to
insure  the   observance  of  good  faith  and  justice  in  that
intercourse which  must frequently  occur between  them  and  the
individuals belonging to each or it depends upon mutual compacts,
treaties, leagues  and agreements between the separate, free, and
independent communities.

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

   3. The various sources and evidence of the law of nations, are
the following:  1. The rules of conduct, deducible by reason from
the nature  of society  existing among  independent states, which
ought to  be observed  among  nations.  2.  The  adjudication  of
international tribunals,  such as  prize  courts  and  boards  of
arbitration. 3.  Text writers of authority. 4. Ordinances or laws
of particular  states, prescribing rules for the conduct of their
commissioned cruisers and prize tribunal's. 5. The history of the
wars, negotiations, treaties of peace, and other matters relating
to the  public intercourse  of nations.  6.  Treaties  of  peace,
alliance and  commerce, declaring,  modifying,  or  defining  the
pre-existing international  law. Wheat. Intern. Law, pt. 1, c. 1,
§14.

   4. The  law of  nations  has  been  divided  by  writers  into
necessary and  voluntary;   or into  absolute and  arbitrary;  by
others into  primary and secondary, which latter has been divided
into customary  and conventional.  Another division, which is the
one more  usually employed,  is that  of the natural and positive


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law of  nation's. The  natural law  of nations  consists of those
rules, which,  being universal,  apply to  all  men  and  to  all
nations, and which may be deduced by the assistance of revelation
or reason,  as being  of utility to nations, and inseparable from
their existence.  The positive  law of  nations consists of rules
and obligations,  which owe  their origin,  not to  the divine or
natural law,  but to human compacts or agreements, either express
or unplied;  that is, they are dependent on custom or convention.

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

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

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

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

   3. - 1. When man is properly organized, he is able to discover
moral good from moral evil;  and the study of man proves that man
is not only an intelligent, but a free being, and he is therefore


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responsible for  his actions.  The judgment  we form  of our good
actions, produces  happiness;   on the  contrary the  judgment we
form of our bad actions produces unhappiness.

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

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

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

   7. -  5. The  religious sentiment  which  leads  us  naturally
towards the  Supreme Being, 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
assistance, 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  practice 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 a 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,


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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.

   2. Whenever  a law  of this  kind impairs  the  obligation  of
contracts, it  is void. 3 Dall. 391. But laws which only vary the
remedies,  divest   no  right,   but  merely  cure  a  defect  in
proceedings otherwise  fair, are valid. 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 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 states the
acts of  the different legislatures, as the acts of congress, and
of the  legislatures of  the several states, and of treaties. See
Statute.

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

  LAWLESS. Without law;  without lawful control.

   LAWS EX  POST FACTO.  Those which  are made  to punish actions
committed 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  ex post  facto  laws  and


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retrospective laws;   every ex post facto law must necessarily be
retrospective, but  every retro-spective  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  law required  at the  time of the
commission of  the offence,  in order  to convict the offender. 3
Dall. 390.

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

   LAWS OF  THE TWELVE  TABLES. Laws  of ancient Rome composed in
part from  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 Europe.

   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


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

  LAWYER. A counsellor;  one learned in the law. Vide attorney.


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   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.

   TO LAY, pleading. To state or to allege. 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 persons.

   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. & Weis. 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. 151.

   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.

   LAESAE 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. Toull. n. 52. Vide
Veto.

   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 which the late French king used, when he intended
to veto an act of the legislative 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.


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   LEADING. That  which is  to be  followed;  as, a leading case;
leading question leading counsel.

   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.

   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 league. See Acts of
Congress of June 5, 1794;  1 Story's L. U. S. 352;  and April 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 used.

   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


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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 safe guard of merchants and traders
in  each  others  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. 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 retun 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 reservation
remained in  force tin  the ten years expired, although the lease
was cancelled by mutual consent within the ten. years. 8 Pick. R.
3 3 9.

   2. To make such contract, there must be a lessor able to grant
the land;   a  lessee, capable  of accepting  the  grant,  and  a
subject-matter 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 condudio 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 a rente, n. 2.


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  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. 06;  3 Taunt. 65;  5
B. & A. 322.

   5. Having  made these  few  preliminary  observations,  it  is
proposed to  consider, 1.  By what  words a lease may be made. 2.
Its several parts. 3. The formalities the law requires.

   6. -  1 The  words "demise,  grant,  and  to  farm  let,"  are
technical words well understood, and are the most proper that can
be used  in making a lease;  but whatever words are sufficient to
explain the  intent of  the parties,  that the  one shall  divest
himself of  the possession and the other come into it, for such a
determinate time,  whether they  run in  the form  of a  license,
covenant, or  agreement, are  of themselves sufficient, and will,
in  construction   of  law,  amount  to  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.

   7. -  2. A  lease in  writing by deed indented consists of the
following parts, namely, 1. The premises. 2. The habendum. 3. The
tenendum. 4.  The reddendum. 5. The covenants. 6. The conditions.
7. The warranty. See Deed.

   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.


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   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 such alteration made by
the party  himself, renders  it void. 2d. By breaking or effacing
the seal,  unless it be done by accident. 3d. By delivering it up
to  be   cancelled.  4th.  By  the  disagreement  of  such  whose
concurrence is necessary;  as, the husband, where a married woman
is concerned.  5th. By  the judgment  or decree  of  a  court  of
judicature.

   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 bargainee.  This, without any
enrolment, makes  the bargainor  stand seised  to the  use of the
bargainee, and vests in the bargainee the use of the term for one
year, and  then the  statute immediately  annexes the possession.
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.

  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.


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  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 thing,
all of  the pleas, except the first, should purport to be pleaded
with leave  of the court. But the omission is not error nor cause
of demurrer.  Lawes, Pl.  132;   2 Chit. Pl. 421;  Story, Pl. 72,
76;  Gould on Pl. c. 8, §21;  Andr. 109;  3 N. H. Rep. 523.

   LEDGER, commerce,  accounts, evidence.  A book  in  which  are
inscribed the  names of  all persons  dealing with the person who
keeps it,  and in  which there  is a  separate account,  composed
generally of  one or  more pages for each. There are two parallel
columns, on  one of  which the  party named is the debtor, and on
the  other   the  creditor,   and  presents   a  ready  means  of
ascertaining the  state  of  the  account.  As  this  book  is  a
transcript from  the day book or journal, it, is not evidence per
se.

   LEDGER BOOK,  eccl. law.  The name  of  a  book  kept  in  the
prerogative courts  in England. It is considered as a roll of the
court, but,  it seems, it cannot be read in evidence. Bac. Ab. h.
t.

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

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

   3. Legacies are of different kinds;  they may be considered as
general, specific, and residuary. 1. A legacy is general, when it
is so given as not to amount to a bequest of a specific part of a
testator's personal  estate;   as of a sum of money generally, or
out of  the testator's  personal estate, or the like. 1 Rop. Leg.
256;   Lownd. Leg.  10. A  general  legacy  is  relative  to  the


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testator's death;   it is a bequest of such a sum or such a thing
at that time, or a direction to the executors, if such a thing be
not in  the testator's possession at that time, to procure it for
the legatee. Cas. Temp. Talb. 227;  Ambl. 57;  4 Ves. jr. 675;  7
Ves. jr. 399.

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

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

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

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

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


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

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

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

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

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

   14. - 2. When legacies are given generally to persons under no
disability to  receive them, the payments ought to be made at the
end of a year next after the testator's decease. 5 Binn. 475. The


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executor is  not obliged to pay them sooner although the testator
may have  directed them  to be discharged within six months after
his death,  because the law allows the executor one year from the
demise of  the testator,  to ascertain  and settle his testator's
affairs;   and it presumes that at the expiration of that period,
and not  before, all debts due by the estate have been satisfied,
and the  executor to  be then able, properly to apply the residue
among  the   legatees  according  to  their  several  rights  and
interests.

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

   16. As  to the  persons to whom payment to be made, see, where
the legacy  is given to an infant 1 Rop. Leg. 589 ;1 P. Wms. 285;
1 Eq. Cas. Abr. 300;  3 Bro. C. C. 97, edit. by Belt;  2 Atk. 80;
2 Johns.  C. R.  614;   where the  legacy is  given to  a married
woman;   1 Rop.  Leg. 595;   Lownd. Leg 399;  where the legacy is
given to  a lunatic,  1 Rop.  Leg. 599;   where  it is given to a
bankrupt;  Id. 600;  2 Burr. 717.;  where it is given to a person
abroad, who has not been heard of for a long time. Id. 601 Finch,
R. 419;  3 Bro. C. C. 510;  5 Ves. 458;  Lownd. Leg. 398.

  See, generally, as to legacies;  Roper on Legacies;  Lowndes on
Legacies;   Bac. Abr.  Legacy;  Com. Dig. Administration, C 3, 5;
Id. Chancery,  3 A;   3  G;  8 Y 1;  Id. Prohibition, G 17;  Vin.
Abr. Devise;   Id.  Executor;   Swinb. 17  to 44;  2 Salk. 414 to
416.

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

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

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


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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

  LEGALIZATION. The act of making lawful.

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

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

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

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

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


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

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

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

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

  II. Under what description legatees may take.

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

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

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

   7. -  4. When  legacies are  given to  a class of individuals,
generally, payable  at a  future period, as to the children of B,
when the  youngest shall  attain the  age of twenty-one, or to be


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

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

   9. -  §2. Of legacies to natural children. 1. Natural children
unborn at  the date  of the  will, cannot take under a bequest to


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the children generally, or to the illegitimate children of A B by
Mary C;   because  a natural  child cannot take as the issue of a
particular person,  until it has acquired the reputation of being
the child  of that  person, which cannot be before its birth. Co,
Litt. 3, b.

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

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

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

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

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

   15. -  §3. Of  legacies of  personal estate  to a  man and his
heirs. 1.  A legacy  to A and his heirs, is an absolute legacy to
A, and  the whole interest of the money vests in him for his use.
4 Mad.  361. But  when no  property in the bequest is given to A,
and the  money is  bequeathed to  his heirs,  or to  him  with  a
limitation to  his heirs,  if he die before the testator, and the
contingency happens, then if there be nothing in the will showing
the sense  in which  the testator made use of the word heirs, the


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next of kin of A, are entitled to claim under the description, as
the only  persons appointed by law to succeed to personal estate.
5 Ves. 403;  4 Ves. 649;  1 Jac. & Walk. 388.

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

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

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

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

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

   21. -  2. To  this general  rule there are several exceptions,
namely, first,  when the  testator has  delegated a  power to  an
individual to  distribute the fund among the testator's relations


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

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

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

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

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

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


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

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

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

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

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

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

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

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

   35:   - §9.  Legacies to  descendants.  1.  A  legacy  to  the


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

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

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

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

   39. -  §12. The  different periods  of time  at which  persons
answering the  descriptions of  next of  kin,  family  relations,
issue, heirs,  descendants and personal representatives, (to whom
legacies are  given  by  those  terms  generally,    and  without
discrimination,) were  required to be in esse, for the purpose of
participating in the legatory fund. 1. When the will expresses or
clearly shows  that a  testator in  bequeathing to the relations,
&c. of a deceased individual, referred to such of them as were in
existence when the will was made, they only will be entitled;  as
if the  bequest was, "I give œ1000 to the descendants of the late
A B,  now living,"  those descendants only in esse at the date of
the will can claim the legacy. Ambl. 397.

   40. -  2. But, in general, a will begins to speak at the death
of the  testator, and  consequently in ordinary cases, relations,
next of  kin, issue, descendants, &c., living at that period will
alone divide  the property bequeathed to them by those words. See


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1 Ball  &. Beat.  459;   1 Bro.  C. C. 532;  3 Bro. C. C. 224;  5
Ves. 399;   1  Jac. & Walk, 388, n.;  3 Meriv. 689;  5 Binn. 607;
2 Murph. 178.

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

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

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


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

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

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


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

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

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

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

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

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

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

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


         Bouvier's Law Dictionary : L1 : Page 39 of 125


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

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

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

  LEGATION. An embassy;  a mission.

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

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

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

  LEGISLATOR. One who makes laws.

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

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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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


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

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

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

   3. -  2. In the civil law, the first obligation on the part of
the lender,  is to suffer the borrower to use and enjoy the thing
loaned during  the time  of the  loan, according  to the original
intention. Such  is not  the doctrine of the common law. 9 Cowen,
Rep. 687. The lender is obliged by the civil law to reimburse the
borrower the  extraordinary expenses to which he has been put for
the preservation  of the  thing lent.  And in  such a  case,  the
borrower would have a lien on the thing, and may detain it, until
these extraordinary  expenses are  paid, and  the lender  cannot,
even by  an abandonment  of the  thing to  the  borrower,  excuse
himself from re-payment, nor is he excused by the subsequent loss
of the  thing by  accident, nor  by a  restitution of  it by  the
borrower, without  insisting  upon  repayment.  Pothier,  Pr‚t  …
Usage, ch.  3, n.  82, 83;  Dig. 13, 6, 18, 4;  Ersk. Pr. Laws of
Scotl. B.  3, t.  1, §9. What would be decided at common law does
not seem  very clear.  Story on  Bailm.  §274.  Another  case  of


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implied obligation on the part of the lender by the civil law is,
that he is bound to give notice to the borrower of the defects of
the thing  loaned;  and if he does not and conceals them, and any
injury occurs to the borrower thereby, the lender is responsible.
Dig. 13, 6, 98, 3;  Poth. Pr‚t … Usage, n. 84;  Domat, Liv. 1, t.
5, s.  3, n.  3. In  the civil  law  there  is  also  an  implied
obligation on  the part  of the  lender where  the thing has been
lost by  the borrower, and after he has paid the lender the value
of it,  the thing  has been restored to the lender;  in such case
the lender must return to the borrower either the price or thing.
Dig. 13,  6, 17,  5;   Poth. Id.  n. 85. "The common law seems to
recognize the  same principles, though," says Judge Story, Bailm.
§276, "it  would not  perhaps  be  easy  to  cite  a  case  on  a
gratuitous loan directly on the point." See Borrower;  Commodate;
Story, Bailm.  ch. 4;   Domat.  Liv. 2, tit. 5;  1 Bouv. Inst. n.
1078, et seq.

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

   2. The  remedy given  for this injury, is founded on its being
the effect  of  implied  error  or  imposition;    for  in  every
commutative contract,  equivalents are  supposed to  be given and
received. Louis.  Code, 1854.  Persons of  full age, however, are
not allowed  in point  of law  to object  to their  agreements as
being injurious,  unless the injury be excessive. Poth. Oblig. P.
1,  c.  1,  s.  1,  art.  3,  §4.  But  minors  are  admitted  to
restitution, not  only  against  any  excessive  inequality,  but
against any  inequality whatever.  Poth. Oblig. P. 1, c. 1, s. 1,
art. 3, §5;  Louis. Code, art. 1858.

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

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

   2. -  1. He  has a  right to enjoy the premises leased for the
term mentioned  in the  lease, and  to use  them for  the purpose


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agreed upon.  He may,  unless, restrained by the covenants in the
lease, either assign it, or underlet the premises. 1 Cruise, Dig.
174. By  an assignment  of the lease is meant the transfer of all
the tenant's  interest in  the estate  to another person;  on the
contrary, an  underletting is  but  a  partial  transfer  of  the
property leased, the lessee retaining a reversion to himself.

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

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

   Vide Estate  for years;   Lease;,  Notice to quit:  Tenant for
years;  Underlease.

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

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

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

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

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


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

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

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

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

   4. -  §1. Letters  are, commonly sent through the post office,
and the  law has  carefully provided for their conveyance through
the country,  and their  delivery to the persons to whom they are
addressed.  The   act  to   reduce  into  one  the  several  acts
establishing and  regulating the  post office department, section
21, 3  Story's Laws  United States,  1991, enacts,  that  if  any
person employed  in any  of the  departments of  the post  office
establishment, shall  unlawfully  detain,  delay,  or  open,  any
letter, packet,  bag, or  mail of letters, with which he shall be
entrusted, or  which shall have come to his possession, and which
are intended  to be conveyed by post or, if any such person shall
secrete, embezzle,  or destroy, any letter or packet entrusted to
such person  as  aforesaid,  and  which  shall  not  contain  any
security for,  or assurance  relating to  money,  as  hereinafter
described, every  such offender,  being thereof  duly  convicted,
shall, for  every such  offence, be  fined, not  exceeding  three
hundred dollars,  or imprisoned,  not exceeding  six  months,  or
both, according  to the  circumstances and  aggravations  of  the
offence. And if any person, employed as aforesaid, shall secrete,
embezzle, or destroy any letter, packet, bag, or mail of letters,
with which he or she shall be entrusted, or which shall have come
to his  or her  possession, and  are intended  to be  conveyed by
post, containing  any bank  nots, or  bank  post  bill,  bill  of
exchange, warrant  of the  treasury of the United States, note of
assignment of  stock  in  the  funds,  letters  of  attorney  for
receiving annuities  or dividends,  or for,  selling stock in the
funds, or  for receiving  the interest  thereof, or any letter of
credit, or  note for,  or relating  to, payment  of moneys or any
bond, or  warrant, draft,  bill, or  promissory  note,  covenant,
contract, or  agreement whatsoever,  for,  or  relating  to,  the
payment of money, or the delivery of any article of value, or the
performance of  any  act,  matter,  or  thing,  or  any  receipt,
release,  acquittance,  or  discharge  of,  or  from,  any  debt;
covenant, or  demand, or  any part  thereof, or  any copy  of any
record of  any judgment  or  decree,  in  any  court  of  law  or
chancery, or any execution which way may have issued thereon;  or


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any copy  of any  other record, or any other article of value, or
any writing representing the same or if any such person, employed
as aforesaid,  shall steal,  or take,  any of the same out of any
letter, packet,  bag, or  mail of letters, that shall come to his
or her  possession, such person shall, on conviction for any such
offence, be  imprisoned not  less than  ten years,  nor exceeding
twenty-one years;   and if any person who shall have taken charge
of the  mails of the United States, shall quit or desert the same
before such  person delivers  it into the post office kept at the
termination of the route, or some known mail carrier, or agent of
the general  post office,  authorized to  receive the same, every
such person,  so offending,  shall forfeit  and  pay  a  sum  not
exceeding five  hundred dollars,  for every such offence;  and if
any person  concerned in  carrying the mail of the United States,
shall collect,  receive, or carry any letter, or packet, or shall
cause or  procure the  same to  be done,  contrary, to  this act,
every such  offender shall forfeit and pay for every such offence
a sum, not exceeding fifty dollars.

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

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

  LETTER, contracts. In the civil law, locator, and in the French
law, locateur, loueur, or bailleur, is he who, being the owner of
a thing,  lets it  out to  another for  hire or compensation. See
Hire;  Locator;  Conductor;  Story on Bailm. §369.


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   2. According  to the  French and  civil law,  in virtue of the
contract, the  letter of  a thing  to hire impliedly engages that
the hirer  shall have  the full  use and  enjoyment of  the thing
hired, and  that he will fulfil his own engagements and trusts in
respect to  it,  according  to  the  original  intention  of  the
parties. This  implies an  obligation to deliver the thing to the
hirer;  to refrain from every obstruction to the use of it by the
hirer during  the period  of the  bailment;   to do  no act which
shall deprive  the hirer  of the thing;  to warrant the title and
possession to  the hirer,  to enable  him to  use the thing or to
perform the  service;   to keep  the thing  in suitable order and
repair for  the purpose  of the bailment;  and finally to warrant
the thing  from from  any fault  inconsistent with the use of it.
These are  the main  obligations deduced  from the  nature of the
contract, and  they seem  generally  founded  on  unexceptionable
reasoning. Pothier,  Louage, n.  53;   Id. n.  217;  Domat, B. 1,
tit. 4, §3 Code Civ. of L. tit. 9, c. 2, s. 2. It is difficult to
say how  far (reasonable  as they  are in  a general sense) these
obligations are  recognized in  the common  law. In some respects
the common  law certainly differs. See Repairs;  Dougl. 744, 748;
1 Saund. 321, 32e, and ibid. note 7;  4 T. R. 318;  1 Bouv. Inst.
n. 980 et seq.

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

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

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

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

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

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


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

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

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

   2. The  act of congress of March 3, 1851, Statutes at Large of
U. S.  by Minot, 591, directs, §10, That it shall be in the power
of  the  postmaster  general,  at  all  post  offices  where  the
postmaster's are appointed by the president of the United States,
to establish  post routes  within the cities or towns, to provide
for conveying letters to the post office by establishing suitable
and convenient  places of  deposit, and  by employing carriers to
receive and  deposit them  in the  post office;   and at all such
offices it shall be in his power to cause letters to be delivered
by suitable  carriers, to  be appointed  by him for that purpose,
for which  not exceeding one or two cents shall be charged, to be
paid by the person receiving or sending the same, and all sums so
received  shall   be  paid   into  the  post  office  department:
Provided, The  amount of  compensation allowed  by the postmaster
general to  carriers shall in no case exceed the amount paid into
the treasury  by each  town or  city under the provisions of this
section.

   3. It  is further enacted by c. xxi. s. 2, That the postmaster
general shall  be, and he is hereby, authorized to appoint letter
carriers for  the delivery  of letters  from any  post office  in
California or Oregon, and to allow the letter carriers who may be
appointed at  any such post office to demand and receive such sum
for all letters, newsapers, or other mailable matter delivered by
them, as  may be  recommended by  the postmaster for whose office
such letter  carrier may  be appointed,  not exceeding five cents
for every  letter, two  cents for  every newspaper, and two cents
for every  ounce of  other mailable  matter  and  the  postmaster
general shall  be, and  he is  hereby, authorized  to empower the
special agents  of the  post office  department in California and
Oregon  to  appoint  such  letter  carriers  in  their  districts
respectively, and  to fix  the rates of their compensation within
the limits  aforesaid, subject to, and until the final action of,
the postmaster  general thereon.  And such  appointments  may  be
made, and  rates of  compensation modified  from time to time, as
may be  deemed expedient  and the  rates of  compensation may  be


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fixed, and  graduated in  respect to the distance of the place of
delivery from  the  post  office  for  which  such  carriers  are
appointed, but  the rate  of  compensation  of  any  such  letter
carrier shall not be changed after his appointment, except by the
order of  the postmaster general;  and such letter carriers shall
be subject  to the  provisions of  the forty-first section of the
act entitled  "An Act  to change  the organization  of  the  post
office, department,  and to  provide  more  effectually  for  the
settlement  of  the  accounts  thereof,"  approved  July  second,
eighteen  hundred  and  thirty-six,  except  in  cases  otherwise
provided for in this act.

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

   2. When  it is  given to  an ambassador,  envoy,  or  minister
accredited to  a sovereign,  it is  addressed to the sovereign or
state to  whom the  minister is delegated in the case of a charg‚
d'affaires, it is addressed by the secretary or minister of state
charged with the department of foreign affairs to the minister of
foreign affairs  of the  other government.  Wheat.  International
Law, pt. 3, c. 1, §7;  Wicquefort, de l'Ambassadeur, l. 1, §15.

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

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

   3. The debt which arises on such letter, in its simplest form,


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

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

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

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

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


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

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

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

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

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

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

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

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

   LETTERS ROGATORY.  A letter  rogatory is an instrument sent in


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

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

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

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


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Off. Ex.  215, 216. And see 6 Rep. 67, b;  5 Rep. 29, a;  11 Vin.
Abr. 103;   Bac.  Ab. h.  t. 6. Letters of administration durante
absentia, are  granted when  the executor happens to be absent at
the time  when the  testator died,  and it is necessary that some
person should act immediately in the management of the affairs of
the estate.

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

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

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

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

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

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


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   9. Delaware.  By the  act of  1721, 1  State Laws,  82, it  is
declared in  substance, that  when any  person shall die, leaving
bona  notabilia,   in  several  counties  in  the  state  and  in
Pennsylvania or  elsewhere;   and, any person not residing in the
state, obtains  letters of  administration out  of the state, the
deceased being  indebted to  any of the inhabitants of the state,
for a  debt contracted within the same to the value of œ20, then,
and in  such case,  such administrator,  before he can obtain any
judgment in  any court  of record  within the  state against  any
inhabitant thereof,  by virtue of such letters of administration,
is obliged to file them with some of the registers in this state;
and must  enter into  bonds with  sufficient sureties,  who  have
visible estates  here, with condition to pay and satisfy all such
debts as  were owing by the intestate at the time of his death to
any person  residing in  this state, so far as the effects of the
deceased in  this state will extend. By the act of June 16, 1769,
1 State  Laws, 448,  it is  enacted in substance that any will in
writing made  by a  person residing out of the state, whereby any
lands within  the state are devised, which shall be proved in the
chancery  in   England,  Scotland,   Ireland,  or   any   colony,
plantation, or  island in America, belonging to the king of Great
Britain, or  in the  hustings, or mayor's court, in London, or in
some manor  court, or  before  such  persons  as  have  power  or
authority at  the time  of proving  such  wills,  in  the  places
aforesaid, to take probates of wills, shall be good and available
in law  for granting  the lands  devised, as well as of the goods
and chattels  bequeathed by  such will.  The copies of such will,
and of  the bill, answer, depositions and decree, where proved in
any court  of chancery,  or copies  of such wills and the probate
thereof, where  proved in  any other  court, or  in any office as
aforesaid, being  transmitted to  this state,  and produced under
the public  or common-seal  of the  court  or  office  where  the
probate is taken, or under the great seal of the kingdom, colony,
plantation or  island, within  which such  will is proved (except
copies of such wills and probates as shall appear to be revoked),
are declared  to be  matter of record, and to be good evidence in
an any court of law or equity in this state, to prove the gift or
devise made  in such  will;  and such probates are declared to be
sufficient to  enable executors to bring their actions within any
court within  this state,  as if  the same  probates  or  letters
testamentary were  granted here,  and produced  under the seal of
any of the registers offices within this state. By the 3d section
of the  act, it  is declared  that the  copies of  such wills and
probates so  produced,  and  given  in  evidence,  shall  not  be
returned by the court to the persons producing them, but shall be
recorded in  the office  of the  recorder of the county where the
same are given in evidence, at the expense of the party producing
the same.

   10. Florida. Copies of all wills, and letters testamentary and
of administration,  heretofore recorded  in any  public office of
record in  the state,  when duly  certified by the keeper of said


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records, shall be received in evidence in all courts of record in
this state  and the probate of wills granted in any of the United
States or  of the  territories thereof, in any foreign country or
state, duly  authenticated and certified according to the laws of
the state or territory, or of the foreign country or state, where
such probate may have been granted, shall likewise be received in
evidence in all courts of record in this state.

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

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

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

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

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

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

  17. Maryland. Letters testamentary or of administration granted
out of  Maryland have  no effect  in this state, except only such
letters issued  in the  District of Columbia, and letters granted
there authorize  executors or  administrators to claim and sue in


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this state.  Act of  April 1813,  chap. 165.  By the act of 1839,
chap. 41,  when non-resident  owners of  any public  or state  of
Maryland stocks, or stocks of the city of Baltimore, or any other
corporation in  this state die, their executors or administrators
constituted under the authority of the state, district, territory
or country,  where the  deceased resided  at his  death, have the
same power  as to  such stocks,  as if  they  were  appointed  by
authority of the state of Maryland. But, before they can transfer
the stocks,  they must,  during three  months, give notice to two
newspapers published  in Baltimore,  of the death of the testator
or intestate,  and of  the "amount  and description  of the stock
designed to  be transferred."  Administration must  be granted in
this state, in order to recover a debt due here to a decedent, or
any of his property, with the exceptions above noticed.

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

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

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

  21. Missouri. Letters testamentary or of administration granted
in another  state have  no validity in this;  to maintain a suit,
the executors or adminis-trators must be appointed under the laws
of this state. Rev. Code, §2, pt 41.


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

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

  24. New York. An executor or administrator appointed in another
state has  no authority to sue in New York. 6 John. Ch. Rep. 353;
7 John.  Ch. Rep.  45;   1  Johns.  Ch.  Rep.  153.  Whenever  an
intestate, not  being an  inhabitant of this state, shall die out
of the state, leaving assets in several counties, or assets shall
after his  death come  in several  counties, the surrogate of any
county in  which assets  shall be,  shall  have  power  to  grant
letters of  administration on  the estate of such intestate;  but
the surrogate, who shall first grant letters of administration on
such estate,  shall be  deemed thereby  to have acquired sole and
exclusive jurisdiction over such estate, and shall be vested with
the powers  incidental thereto.  Rev. Stat. part 2, c. 6. tit. 2,
art. 2,  s. 24;   1  R. L.  455 §3;   Laws, of 1823, p. 62, s. 2,
1824, p. 332.

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

  26. By the revised statutes, ch. 46, s. 6, it is provided, that
"where a testator or testatrix shall appoint any person, residing


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

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

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


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virtue of their letters duly authenticated by the proper officer,
have sued  in this  state. 4  Dall. 492;   S.  C. 1 Binn. 63. But
letters of  administration granted  by the archbishop of York, in
England, give  no authority to the administrator in Pennsylvania.
1 Dall. 456.

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

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

   31. Tennessee.  §1. Where  any person  or persons  may obtain,
administration on  the estate of any intestate, in any one of the
United States, or territory thereof, such person or persons shall
be enabled  to prosecute suits in any court in this state, in the
same manner  as if administration had been granted to such person
or persons by any court in the state of Tennessee. Provided, that
such person  or persons  shall, produce  a copy of the letters of
administration,  authenticated  in  the  manner  which  has  been
prescribed  by   the  congress   of  the   United   States,   for
authenticating the  records or judicial acts of any one state, in
order to  give them  validity in  any other  state and  that such
letters of  administration had  been granted in pursuance of, and
agreeable to  the laws  of the  state or  territory in which such
letters of administration were granted.

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

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


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

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

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

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

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

   LEVY, practice. A seizure (q. v.) the raising of the money for


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which an execution has been issued.

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

    3. It is a general rule, that hwen a sufficient levy has been
made, the  officer cannot  make a  second. 12  John. R.  208;   8
Cowen, R. 192.

  LEVYING WAR, crim. law. The assembling of a body of men for the
purpose of  effecting by force a treasonable object;  and all who
perform any part however minute, or however remote from the scene
of action,  and who  are leagued  in the  general conspiracy, are
considered as  engaged in  levying war, within the meaning of the
constitution. 4  Cranch R.  473-4;   Const. art.  3, s.  3.  Vide
Treason;   Fries'Trial;    Pamphl.  This  is  a  technical  term,
borrowed from  the English law, and its meaning is the same as it
is when  used in stat. 25 Ed. III.;  4 Cranch's R. 471;  U. S. v.
Fries, Pamphl.  167;   Hall's Am.  Law Jo. 351;  Burr's Trial;  1
East, P.  C. 62  to 77;   Alis. Cr. Law of Scotl. 606;  9 C. & P.
129.

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

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

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

   2. The  forms of  remedies, the  modes of  proceeding, and the
execution  of   judgments,  are   to  be   regulated  solely  and
exclusively, by  the laws  of  the  place  where  the  action  is
instituted or as the civilians uniformly express it, according to
the lex  fori. Story,  Confl. of Laws, §550;  1 Caines' Rep. 402;
3 Johns.  Ch. R.  190;  5 Johns. R. 132;  2 Mass. R. 84;  7 Mass.
R. 515;  3 Conn. R. 472;  7 M. R. 214;  1 Bouv. Inst. n. 860.


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

   2. Generally,  the validity  of a contract is to be decided by
the law  of the  place where,  the contract  is made;   if valid,
there it is, in general, valid everywhere. Story, Confl. of Laws,
§242, and  the cases  there cited.  And vice  versa  if  void  or
illegal there,  it is generally void everywhere. Id §243;  2 Kent
Com. 457;   4  M. R.  584;  7 M. R. 213;  11 M. R. 730;  12 M. R.
475;  1 N. S. 202;  5 N. S. 585;  6 N. S. 76;  6 L. R. 676;  6 N.
S. 631;  4 Blackf. R. 89.

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

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

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

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

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

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


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note 1 Kent, Com. 93.

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

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

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

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

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

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

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

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

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

    LIBEL,  practice.  A  libel  has  been  defined  to  be  "the


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

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

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

which has been translated,

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


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

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


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

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

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

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

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

  LIBEL, libellus, criminal law. A malicious defamation expressed
either in  printing or  writing, or by signs or pictures, tending
to blacken  the memory of one who is dead, with intent to provoke
the living;  or the reputation of one who is alive, and to expose
him to  public hatred,  contempt, or ridicule. Hawk. b. 1, c. 73,
s. 1;   Wood's  Inst, 444;   4  Bl. Com. 150;  2 Chitty, Cr. Law,
867;   Holt on  Lib. 73;   5 Co. 125;  Salk. 418;  Ld. Rgym. 416;
4. T. R. 126;  4 Mass. R. 168;  9 John. 214;  1 Den. Rep. 347;  2


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Pick. R.  115;  2 Kent, Com. 13. It has been defined perhaps with
more precision  to be a censorious or ridiculous writing, picture
or sign  made with  a malicious  or mischievous  intent,  towards
government magistrates or individuals. 3 John. Cas. 354;  9 John.
R. 215;  5 Binn. 340.

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

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

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

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


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


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

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

  8. The publisher of a libel is liable to be punished criminally
by indictment;   2  Chitty's Cr.  Law, 875;   or is subject to an
action on  the case  by the  party grieved.  Both remedies may be
pursued at  the same  time.  Vide)  generally,  Holt  on  Libels;
Starkie on  Slander;  1 Harr. Dig. Case, I.;  Chit. Cr. L. Index,
h. t.;  Chit. Pr. Index, h. t.
 LIBEL  OF ACCUSATION.  A term  used in Scotland to designate the
instrument which  contains the charge against a person accused of
a crime.  Libels  are  of  two  kinds,  namely,  indictments  and
crimiual letters.

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

   LIBELLANT. The  party who  fires a  libel  in  a  chancery  or
admiralty case,  correspondes to  the plaintiff in actions in the


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common law courts, is called the libellant.

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

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

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

  LIBER FEUD RUM. A code of the feudal law, which was compiled by
direction of  the emperor  Frederick Barbarossa, and published in
Milan, in 1170. It was called the Liber Feudorum, and was divided
into five  books, of  which the first, second, and some fragments
of the  other's still exist and are printed at the end of all the
modern editions  of the Corpus Juris Civilis. Giannone, B. 13, c,
3;  Cruise's Dig. Prel. Diss. c. 1, §31.

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

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

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

   LIBERTI, LIBERTINI.  These two words were, at different times,
made to  express among  the Romans,  the condition  of those who,
having been  slaves, had  been made free. 1 Brown's Civ. Law, 99.
There is  some distinction  between these words. By libertus, was
understood the  freedman, when  considered  in  relation  to  his
patron, who  had bestowed  liberty upon  him and  he  was  called
libertinus, when  considered in relation to the state he occupied
in society since his manumission. Lec. El. Dr. Rom. §93.

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

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

   3. Civil  liberty is  the power to do whatever is permitted by
the constitution  of the state and the laws of the land. It is no


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other than natural lib-erty, so far restrained by human laws, and
no further,  operating equally  upon  all  the  citizens,  as  is
necessary and  expedient for the general advantage of the public.
1 Black.  Com. 125;   Paley's Mor. Phil. B. 6, c.5;  Swifts Syst.
12

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

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

   6. Personal  liberty is the independence of our actions of all
other will than our own. Wolff, Ins. Nat. §77. It consists in the
power of  locomotion, of  changing situation,  or removing  one's
person to  whatever place  one's inclination  may direct, without
imprisonment or  restraint, unless  by due  course of  law. 1 Bl.
Com. 134.

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

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

   9. By  liberty or liberties, is understood a part of a town or
city, as  the Northern Liberties of the city of Philadelphia. The


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same as Faubourg. (q. V.)

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

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

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

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

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

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

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

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


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

   3. An implied license is one which though not expressly given,
may be presumed from the acts of the party having a right to give
it. The  following are  examples of such licenses:  1. When a man
knocks at  another's door,  and it  is opened, the act of opening
the door  licenses the  former to  enter the house for any lawful
purpose. See  Hob. 62.  A  servant  is,  in  consequence  of  his
employment, licensed to admit to the house, those who come on his
master's business,  but only such persons. Selw. N. P. 999;  Cro.
Eliz. 246.  It may,  however, be inferred from circumstances that
the servant has authority to invite whom he pleases to the house,
for lawful purposes. See 2 Greenl. Ev. §427;  Entry.

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

   5. -  2. When  the license  is coupled  with an  interest  the
authority conferred  is  not  properly  a  mere  permission,  but
amounts to  a grant,  which cannot be revoked, and it may then be
assigned to a third person. 5 Hen. V., M. 1, page 1;  2 Mod. 317;
7 Bing. 693;  8 East, 309;  5 B. & C. 221;  7 D. & R. 783;  Crabb
on R. P. §521 to 525;  14 S. & R 267;  4 S. & R. 241;  2 Eq. Cas.
Ab. 522.  When the  license is  coupled  with  an  interest,  the
formalities essential to confer such interest should be observed.
Say. R. 3;  6 East, R. 602;  8 East, R. 310, note. See 14 S. & R.
267;   4 S.  & R. 241;  2 Eq. Cas. Ab. 522;  11 Ad. & El. 34, 39;
S. C. 39 Eng, C. L. R. 19.

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

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


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

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

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

  LICENTIA LOQUENDI. Imparlance. (q. v.)

   LICENTIOUSNESS. The  doing what  one pleases without regard to
the rights  of others;  it differs from liberty in this, that the
latter is  restrained by natural or positive law, and consists in
doing whatever  we please,  not inconsistent,  with the rights of
others, whereas  the former does not respect those rights. Wolff,
Inst. §84.

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

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

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

  LIDFORD LAW. Vide Lynch Law.

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

   LIEGE, from  the Latin,  ligare, to  bind. The bond subsisting


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

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

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

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

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

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

   5. -  1. How liens may be acquired. To create a valid lien, it


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

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

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

   8. -  4. The  effect of  liens. In  general, the  right of the
holder of the lien is confined to the mere right of retainer. But
when the  creditor has made advances on the goods of a factor, he
is generally  invested with  the right  to sell. Holt's N P. Rep.
383;   3 Chit.  Com. Law, 551;  2 Liverm. Ag. 103;  2 Kent's Com.
642, 3d  ed. In  some cases where the lien would not confer power
to sell,  a court  of equity  would decree  it. 1  Story Eq. Jur.
§566;   2 Story,  Eq. Jur.  §1216;  Story Ag. §371. And courts of
admiralty will  deeree a  sale to  satisfy maritime  liens.  Abb.
Ship. pt. 3, c10. §2;  Story, Ag. §371.

   9. Judgments  rendered in courts of record are generally liens
on the real estate of the defendants or parties against whom such
judgments are  given. In   Alabama, Georgia and Indiana, judgment
is a  lien;   in the  last mentioned  state, it continues for ten
years from  January 1,  1826, if  it was rendered from that time;


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

  10. Liens are also divided into legal and equitable. The former
are those  which may  be enforeed  iu a court of law;  the latter
are valid only in a court of equity. The lien which the vendor of
real estate  has on  the estate  sold,  for  the  purchase  money
remaining unpaid,  is a  familiar example  of an  equitable lien.
Math. on  Pres. 392.  Vide Purchase money. Vide, generally, Yelv.
67, a;   2  Kent, Com. 495;  Pal Ag. 107;  Whit. on Liens;  Story
on Ag. ch. 14, §351, et seq:  Hov. Fr. 35.

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

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

   13. The  remedy is  various;   in some  states, it is by scire


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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

   2. The  owners of  lighters  are  liable,  like  other  common
carriers for  hire;   it is a term of the contract on the part of
the carrier  or lighterman,  implied by  law, that  his vessel is
tight and  fit for the purpose or employments for which he offers


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and holds  it  forth  to  the  public;    it  is  the  immmediate
foundation and substratum of the contract that it is so:  the law
presumes a  promise to  that effect  on the  part of  the carrier
without actual  proof, and  every principle  of sound  policy and
public convenience requires it should be so. 5 East, 428;  Abbott
on Sh.  225;   1 Marsh.  on Ins. 254;  Park on Ins. 23;  Wesk. on
Ins. 328.

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

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

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

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

  LIMITATION, remedies. A bar to the alleged right of a plaintiff
to recover  in an  action, caused  by the lapse of a certain time
appointed by law;  or it is the end of the time appointed by law,
during which  a party  may sue  for and  recover a right. It is a
maxim of  the common  law, that a right never dies and, as far as
contracts were  concerned, there  was no  time of  limitation  to
actions on  such contracts.  The only  limit  there  was  to  the


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recovery in  cases of  torts was the death of one of the parties;
for it  was a  maxim actio  personalis moritur  cum persona. This
unrestrained power  of commencing  actions at any period, however
remote from  the original cause of action, was found to encourage
fraud aud  injustice;   to prevent which, to assure the titles to
land, to  quiet the  possession of  the  owner,  and  to  prevent
litigation, statutes of limitation were passed. This was effected
by the  statutes of  32 Hen.  VIII. c.  2, and  21 Jac, I. c. 16.
These statutes  were adopted  and practiced upon in this country,
in several  of the  states, though  they are  now in  many of the
states in  most respects  superseded by  the enactments  of other
acts of limitation.

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

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

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

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

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

   7. - 4. Crimes. Offences punishable by a court martial must be


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

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

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

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

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

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

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

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

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


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

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

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

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

   20. -  2. The  following actions shall be commenced within one
year after  the cause  of action  shall accrue,  and  not  after:


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first, all special actions on the case for criminal conversation,
assault and  battery and false imprisonment;  second, all actions
for words  spoken, slandering  the character  of another;  third,
all words spoken whereby special damages are sustained. Id. s. 7.

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

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

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

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

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

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

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

   28. -  3. If at any time when any cause of action specified in
this act accrues against any person, he be out of the state, such
action may  be commenced  within the  times  herein  respectively
limited, after the return of such person into the state;  and if,
after such cause of action shall have accrued, such person depart
from, and  reside out of the state, the time of his absence shall


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not be  deemed or  taken as  any part of the time limited for the
commencement of such action. Id. s. 20. If any person, by leaving
the  county  absconding  or  concealing  himself,  or  any  other
improper act  of his  own, prevent the commencement of any action
in this  act specified,  such action may be commenceed within the
times respectively limited, after the commencement of such action
shall have ceased to be so prevented. Id. s. 26.

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

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

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

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

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

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

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

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

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

   38. - 2. As to personal actions. All actions of trespass quare
clausum fregit;   of  detinue;   trover and  replevin, for taking
away goods  or chattels;  upon account and upon the case;  (other
than actions  between merchant  and merchant,  their factors  and
servants, relating  to merchandise;) upon the case for words;  of
debt grounded upon any lending or contract without specially;  of


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debt for  arrearages of  rent;   and  all  actions  of  trespass,
assault, battery,  menace, wounding  or  imprisonment,  shall  be
commenced and  sued within  three years  next after  the cause of
such action or suit accrues, and not after.

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

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

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

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

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

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

   45. No  writ of  error, can  be brought upon any judgment, but
within five  years after  the confessing,  entering or  rendering


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thereof, unless  the person  entitled to such writ, be an infant,
feme covert,  non compos  mentis, or  a prisoner, and then within
five  years   exclusive  of   the  time  of  such  disabi-  lity.
Constitution, article 5, s. 13.

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

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

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

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

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

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

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

  53. As to crimes. In cases of murder there is no limitation. In
all other  criminal  cases  where  the  punishment  is  death  or


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perpetual imprisonment, seven years;  other felonies, four years;
cases punishable  by fine  and imprisonment,  two years. Prince's
Dig. 573-579.  Acts of  1767, 1813,  and 1833. See 1 Laws of Geo.
33;  2 Id. 344;  3 Id. 30;  Pamphlet Laws, 1833, p. 143.

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

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

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

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

   58. -  3. Crimes. "All criminal prosecutions for offences, the
affixed penalty  of which  is three  dollars, or  less, shall  be
commenced  within   thirty  days,"   &c.  "All  prosecutions  for
offences, except those the fixed penalties of which do not exceed


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three dollars,  and except  treason, murder, arson, burglary, man
stealing, horse stealing, and forgery, shall be instituted within
two years, &c." Revised Code, c. 26, Feb. 10, 1831.

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

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

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

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

  63. - 2. As to personal actions. The act of limitation operates
on simple  contracts (except store accounts) in five years. Torts
to the  person, three  years. Torts,  except torts to the person,


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five years.  Slander, one year. Store accounts, one year from the
delivery of  each article;   except  in cases of the death of the
creditor or  debtor before  the expiration  of one year, when the
further time of one year is allowed after such death.

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

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

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

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

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


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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

   85. -  3518. A citation served on the principal debtor, or his


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acknowledgment, interrupts  the prescription  on the  part of the
surety.

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

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

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

   89. -  2. As  to personal  actions.  When  founded  on  simple
contract, they  are limited  after six  years;  Rev. Stat. T. 10,
ch. 146,  §1;   on specialties,  twenty years.  Id. §11. Personal
actions founded  on  torts  are  limited  to  six  years,  except
trespass for  assault and battery, false imprisonment, slanderous
words and libels, which are limited to two years. Id. §1.

   90. -  3. As  to penal  actions. When  brought by  individuals
having an interest in the penalty or forfeiture, they are limited
to one  year;  Rev. Stat. T. 10, c. 146, §15;  when prosecuted by
the state, two years. Id. §16.

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

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

   93. - 2. As to personal actions. By the Act of Assembly, 1715,
c. 23,  actions of  account;  upon the case;  or simple contract;
or book  debt or account;  and of debt not of specialty;  detinue
and replevin  for taking  away goods  and chattels;  and trespass
quare clausum fregit;  must be brought within three years ensuing
the cause  of action,  and not after;  other actions of trespass,
of assault,  battery, wounding  and imprisonment, within one year
from the  time of  the cause  of action  accruing;    from  these
provisions are  excepted, however,  such accounts  as concern the
trade of merchandise between merchant and merchant, their factors
and servants which are not resident within this [province] state.
This statute  also enacts,  that  no  bill,  bond,  judgment,  or
recognizance,  statute  merchant  or  of  the  staple,  or  other


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specialty whatsoever,  (except such as shall be taken in the name
or for the use of our sovereign the king, &c.) shall be "good and
pleadable, or  admitted in  evidence" against  any person of this
[province] state,  after the  principal debtor  and creditor have
both been dead twelve years, or the debt or thing in action above
twelve years standing.

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

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

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

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

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

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

  100. Thirdly, all actions for arrears of rent:

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

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

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

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

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



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

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

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

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

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

   lll. -  §8. When  any person shall be disabled to prosecute an
action in the courts of this commonwealth, by reason of his being
an alien subject or citizen of any country at war with the United
States, the  time of  the continuance  of such  war shall  not be
deemed any part of the respective periods, herein Iimited for the
commencement of any of the actions before mentioned.

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

   113. -  §10. If  any person,  entitled to  bring  any  of  the
actions, before  mentioned in this chapter, or liable to any such
action, shall  die before  the  expiration  of  the  time  herein
limited therefor,  or within  thirty days after the expiration of
the said  time, and  if the  cause of action does by law survive,
the action  may be  commenced  by  or  against  the  executor  or
administrator of  the deceased  person, as  the case  may be,  at


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anytime within  two years after the grant of letters testamentary
or of  administration, and  not  afterwards,  if  barred  by  the
provisions of this chapter.

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

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

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

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

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

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

   120. When  there is  such an  intermediate estate,  and in all


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

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

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

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

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

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


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

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

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

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

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

  131. - 6th. All actions for waste.

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

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

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

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

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

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

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


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

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

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

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

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

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

   145. -  Sec. 21.  All actions  and suits  for any  penalty  or
forfeiture on any penal statute brought by any person to whom the


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penalty or  forfeiture is given in the whole or in part, shall be
commenced within  one year  next after the offence was committed,
and not afterwards.

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

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

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

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

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

   151. -  2. Actions  on specialties  must be commenced and sued


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within sixteen  years next  after cause of action accrued. How. &
Hutch. page 569, ch. 43, sec. 95, L. 1822.

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

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

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

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

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

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

   158. - 2. As to personal actions. In all actions upon the case


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

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

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

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

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

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

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

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

   166. -  §1. At  the aforesaid  date, that  sixty years  actual
possession   of   lands,   tenements   or   other   real   estate
uninterruptedly continued  by occupancy,  descent, conveyance  or
otherwise, in  whatever way  or manner such possession might have
commenced or been continued, shall vest a full and complete right


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and title  in every  actual possessor  or occupier of such lands,
tenements  or  other  real  estate,  and  shall  be  a  good  and
sufficient bar  to  all  claims  that  may  be  made  or  actions
commenced, by  any person  or persons whatsoever for the recovery
of such lands, &c.

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

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

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

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

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

   172. By  section 10, of the same act, from and after the first
day of January, 1803, every real, possessory, ancestral, mixed or
other action  for any lands, tenements or hereditaments, shall be


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brought or  instituted within  twenty years next after the, right
or title  thereto or  cause of  such action shall accrue, and not
after.

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

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

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

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

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


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

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

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

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

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

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

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

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


         Bouvier's Law Dictionary : L1 : Page 104 of 125


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

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

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

  §70. Within twenty years:

   1. An  action upon  a judgment  or decree  of any court of the
United States,  or of  any state  or territory  within the United
States. 2. An action upon a sealed instrument.

  § 71. Within six years:

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

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

  3. An action for trespass upon real property.

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


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

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

  §72. Within three years:

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

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

  §73. Within two years:

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

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

  §74. Within one year:

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

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

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

   §77. An action for relief, not hereinbefore provided for, must


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be commenced  within ten  years after  the cause  of action shall
have accrued.

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

   §79. An  action shall  not be  deemed  commenced,  within  the
meaning of this title, unless it appear:

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

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

   § 80.  If, when  the cause  of action  shall accrue  against a
person, he  be out  of the  state, the  action may  be  commenced
within the  term herein  limited, after  his return to the state;
and if,  after the  cause of action shall have accrued, he depart
from and  reside out  of the state, the time of his absence shall
not be  part of  the time  limited for  the commencement  of  the
action.

   §81. If  a person  entitled to  bring an  action, except for a
penalty or  forfeiture, or against a sheriff or other officer for
an escape be at the time the cause of action accrued, either:

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

  2. Insane;  or,

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

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

   §82. If  a person  entitled to bring an action, die before the
expiration of  the time limited for the commencement thereof, and
the cause of action survive, his representatives may commence the
action, after  the expiration  of that  time, and within one year
from his death.

   §83. When  a person shall be an alien, subject or citizen of a
country  at   war  with  the  United  States,  the  time  of  the
continuance of  the war  shall not  be part of the period limited
for the commencement of the action.


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

   §85. When  the commencement  of an  action shall  be stayed by
injunction, the  time of  the continuance of the injunction shall
not be  part of  the time  limited for  the commencement  of  the
action.

   §86. No  person shall avail himself of a disability, unless it
existed when his right of action accrued.

   §87. When two or more disabilities shall exist, the limitation
shall not attach until they all be removed.

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

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

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

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

   190. 1.  As to  lands. 1.  That no person or persons nor their
heirs, which  hereafter shall  have any  right or  title  to  any
lands, tenements, or hereditaments, shall thereunto enter or make
any claim,  but within  seven years next after his, her, or their
right or title descended or accrued, and in default thereof, such
person or  persons, so  not entering  or making  claim, shall  be
utterly excluded  and disabled from any entry or claim thereafter
to be  made:   Provided, nevertheless,  that  if  any  person  or
persons, that  is or  hereafter shall be entitled to any right or
claim of lands, tenements or hereditaments, shall be, at the time
the said right or title first descended, accrued, come or fallen,
within the  age of  twenty-one years,  feme  covert,  non  compos
mentis, imprisoned  or beyond  seas, that  then  such  person  or


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persons shall  and may,  notwithstanding the  said seven years be
expired, commence  his, her  or their  suit, or make his, her, or
their entry, as he, she, or they might have done before this act,
so as such person or persons shall, within three years next after
full age,  discoverture, coming of sound mind, enlargement out of
prison, or  persons beyond  seas, within  eight years  after  the
title or  claim becomes  due, take  benefit and sue for the same,
and at  no time  after the times or limitations herein specified;
but that  all possessions,  held  without  suing  such  claim  as
aforesaid, shall  be a  perpetual bar against all, and all manner
of persons  whatsoever, that the expectation of heirs may not, in
a  short  time,  leave  much  land  unpossessed,  and  titles  so
perplexed, that  no man  will know  of whom  to take or buy land.
Provided also,  that if  in  any  action  of  ejectment  for  the
recovery of  any lands,  tenements or  hereditaments, judgment be
given for the plaintiff, and the same be reversed for error, or a
verdict pass  for the  plaintiff, and,  upon  matter  alleged  in
arrest of  judgment, the  judgment be given against the plaintiff
that he take nothing by his plaint, writ or bill, or a verdict be
given  against  the  plaintiff,  in  all  such  cases  the  party
plaintiff, his heirs or executors, as the case shall require, may
commence a  new action or suit from time to time, within one year
after such  judgment reversed,  or  judgment  given  against  the
plaintiff.

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

   192. - 2. As to personal actions. §3. All actions of trespass,
detinue, actions sur trover and replevin for taking away of goods
and chattels,  all actions  of account  and upon  the  case,  all
actions of  debt for  arrearages of  rent, all  actions  of  debt
grounded upon  any lending or contract without specialty, and all
actions of  assault, menace, battery, wounding, and imprisonment,
or any  of tbem,  which  shall  be  sued  or  brought,  shall  be
commenced or  brought within  the time and limitation in this act
expressed, and  not after;   that  is to  say, actions of account
render, actions  upon the  case, ac- tions of debt for arrearages
of rent,  actions  of  debt  upon  simple  contract,  actions  of
detinue, replevin,  and trespass either for goods and chattels or
quare clausum  fregit, within three years next after the cause of


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such action  or suit,  and not  after;   except such  accounts as
concern the  trade of merchandise, between merchant and merchant,
and their  factors,  or  servants;    and  the  said  actions  of
trespass, of  assault and battery, wounding, imprisonment, or any
of them,  within one year after the cause of such action or suit,
and not  after;   and the  said actions  upon the case for words,
within six months after the words spoken, and not after.

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

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

   195. - 3. As to penal Actions. §6. All actions and suits to be
brought on  any penal  act  of  the  general  assembly,  for  the
recovery of  the penalty  therein set  forth,  shall  be  brought
within three  years after  the cause of such action or suit shall
or may  have accrued,  and not  after:   Provided, that  this act
shall not  affect the  time of  bringing suit on any penal act of


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the general  assembly, which  hath a  time  limited  therein  for
bringing the same.

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

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

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

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

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

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

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

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

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

   205. - 9th. In all actions on contracts express or implied, in
case of payment of an part, principal or interest, acknowledgment


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of an  existing liability,  debt or  claim, or any promise to pay
the same,  within the  time herein  limited, the  action  may  be
commenced  within   the  time   limited   after   such   payment,
acknowledgment or promise.

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

  207. - 11th. A person who has left the state, or resides out of
it, or whose place of residence is unknown although in the state,
at the  time the  cause of action accrues, may be sued within the
time limited  by the  act, after  his return  or to  removal  the
state, or his place of residence, if in the state, becomes known.
O. Stat.  vol. 29,  214;  Act of Feb. 18, 1831. Took effect, June
1, 1831. Swan's Col. Laws, 553, 4, 5, 6.
 208. This act only operates upon causes of action accruing after
the  act  took  effect,  and  all  causes  of  action  previously
subsisting are  governed by  the statutes  (and there  have  been
several) in  force when  the respective causes of action accrued,
none of the statutes being retrospective in their operation. 7 O.
R. p.  2, 235,  West's Adm'r.  v. Hymer;  Id. 153, Hazlett et al.
v.Critchfield et  al.;   6 Id.  96, Bigelow's  Ex'r. v. Bigelow's
Adm'r.

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

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

   211. Section 4, provides, that if any person or persons having
such right  or title  be, or  shall be  at the time such right or
title first  descended or  accrued, within  the age of twenty-one
years, feme  covert, non  compos mentis, imprisoned or beyond the
seas, or from and without the United States of America, then such
person or  persons, and  the heir  or heirs  of  such  person  or
persons, shall and may, notwithstanding the said twenty-one years
be expired,  bring his  or their  action, or  make his  or  their
entry, as he, she or, they might have done, before the passing of


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this act,  so as  such person or persons, or the heir or heirs of
such person  or  persons,  shall  within  ten  years  next  after
attaining full  age, discoverture, soundness of mind, enlargement
out of  prison, or  coming into  the  said  United  States,  take
benefit of  or sue  for the  same, and no time after the said ten
years;   and in  case such person or persons shall die within the
said term  of ten  years, under any of the disbilities aforesaid,
the heir  or heirs  of such person or persons shall have the same
benefit, that such person or persons could or might have had;  by
living  until  the  disabilities  should,  have  ceased  or  been
removed;   and if  any abatement  happen  in  any  proceeding  or
proceedings  upon   such  right  or  title,  such  proceeding  or
proceedings may be renewed and continued, within three years from
the time of such abatement, but not afterward.

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

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

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


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

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

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

  218. Rhode Island. 1. As to lands. It is enacted that where any
person or  persons, or  others from  whom he or they derive their
titles, either by themselves, tenants or lessees, shall have been
for the  space of  twenty years,  in  the  uninterrupted,  quiet,
peaceable  and   actual  seisin  and  possession  of  any  lands,
tenements or  hereditaments in  the, state, during the said time,
claiming the  same as his, her or their proper, sole and rightful
estate in  fee simple, such actual seisin and possession shall be
allowed to give and make a good and rightful title to such person


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or persons,  their  heirs  and  assigns,  forever;    saving  and
excepting however,  the rights  and claims  of persons under age,
non compos mentis, feme covert, and persons imprisoned, or beyond
seas, they  bringing their  suits for the recovery of such lands,
&c., within the space of ten years next after the removal of such
impediment saving  also, the  rights and  claims of any person or
persons, having  any estate  in reversion or remainder, expectant
or dependent  on any  lands, &c.,  after the determination of the
estate for years, life, &c.;  such person or persons pursuing his
or their  title by  due course of law, within ten years after his
or their right of action shall accrue.

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

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

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

   222. And  by section  2, that any person or persons beyond the
seas, or  out of  the limits  of this  province, feme  covert, or


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

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

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

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

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


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which they  may have  had to  any lands,  &c., by  suit in law or
equity, effectually prosecuted against the persons in possession,
shall be  for ever  barred;   and the  persons so  holding, their
heirs.  or  assigns,  for  the  term  aforesaid,  shall  have  an
indefeasible title  in fee  simple to  such lands. See 3 Am. Jur.
255.

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

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

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

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

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


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time above  limited, after the removal of the disability.. Id. s.
9.

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

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

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

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

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

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

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

   239. - Sect. 5. If the penalty is given in whole or in part to


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the state,  or to any county or town, or to the treasury thereof,
a suit  therefor may  be commenced  by or in behalf of the state,
county, town  or treasury, at any time within two years after the
offence was committed, and not afterwards,

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

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

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

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

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

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

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

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


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

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

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

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

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

  Third. All actions of debt for arrearages of rent:

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

  Fifth. All actions of trespass upon land:

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

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

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

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

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

   254.-Sect. 9.  None of the foregoing provisions shall apply to
any action brought upon a promissory note, which is signed in the


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presence of  an attesting  witness but  the action, in such case,
shall be  commenced within fourteen years next after the cause of
action shall accrue thereon, and not after- wards.

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

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

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

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

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

   260. -  Sect. 15.  If any person, entitled to bring any of the
actions, before  mentioned in this chapter, or liable to any such
acion, shall die before the expiration of the time herein limited
therefor, or  within thirty days after the expiration of the said
time, and  if the  cause of  action does  by law  sur- vive,  the
action may be commenced, by the executor or administrator, within
two years  after such  death, or  against  the  administrator  or
executor of  the deceased person, or the same may be presented to
the commissioners on said estate, as the case may be, at any time
within two  years after  the grant  of letters testamentary or of


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administration, and  not afterwards,  if barred by the provisions
of this chapter;  provided, however, if the commissioners on such
estate are  required to  make their  report to  the probate court
before, the,  expiration of said two years, the claim against the
deceased shall  be presented  to the commisioners within the time
allowed other creditors to present their claims.

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

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

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

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

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

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


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

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

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

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

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

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

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

   274. - Sect. 29. The provisions of this chapter which alter or


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vary the  law now  in force relative to the limitation of actions
shall not  apply to  any case  where the  cause of action accrues
before this  chapter shall  take effect,  and go  into operation;
and in  all cases,  where the cause of action accrues before this
chapter takes effect, the laws now in force limiting the time for
the commencement of suits thereon, shall continue in operation.

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

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

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

   278. All actions or suits, founded upon any account for goods,
sold and delivered, or for articles charged in any store account,
must be commenced within one year next after the cause of action,
or the delivery of the goods, and not after;  except that, in the
case of  the death  of  the  creditors  or  debtors,  before  the
expiration of  the said term of one year, the farther time of one
year, from  the death  of  such  creditor  or  debtor,  shall  be
allowed. In  suits in  the name of any person residing beyond the
seas, or  out of  this country,  for recovery of any debt due for


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goods actually  sold and delivered here by his factor or factors,
the saving  in favor of persons beyond the seas at the time their
causes of  action accrued,  is not  to be  allowed;   but, if any
factor shall  happen to  die before the expiration of the time in
which suit  should have  been brought,  his  principal  shall  be
allowed two  years from his death, to bring suit for any debt due
on account  of any  contract or  dealing with such factor. 1 Rev.
Code, 489-491.


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