L2:
LINE, descents. The series of persons who have descended from a
common ancestor, placed one under the other, in the order of
their birth. It connects successively all the relations by blood
to each other. Vide Consanguinity; Degree.
| A |
| s | +- 6. Tritavus, Tritavia.
| c | |- 5. Atavus, Atavia.
| e | |- 4. Abavus, Abavia.
| n | Great grand- | |
| d -| father, great |- |- 3. Proavus, Proavia.
| i | grandmother, | |
| n | |
| g | Grand father, | |
| | grandmother |- |- 2. Avus, Avia.
| l | |
| i | Father, mother |- 1. Pater, Mater.
| n | |
| e | |
EGO. |- EGO.
| D | |
| e | |
| s | Son. |- 1. Filius.
| c | Granson |- 2. Nepos, Nepti.
| e | Great Grandson. |- 3. Pronepos, Proneptis.
| n | |- 4. Abnepos, Abneptis.
| d | |- 5. Adnepos, Adneptis.
| i | |- 6. Trinepos, Trineptis.
| n |
| g |
| |
| L |
| i |
| n |
| e |
2. The line is either direct or collateral. The direct line is
composed of all the persons who are descended from each other.
If, in the direct line, any one person is assumed §the
propositus, in order to count from him upwards and downwards, the
line will be divided into two parts, the ascending and descending
lines. The ascending line is that, which counting from the
proposi-tus, ascends to his ancestors, to his father,
grandfather, great-grandfather, &c. The descending line, is that
which, counting from the same person, descends to his children,
grandchildren, great-grand-children, &c. The preceding table is
an example.
3. The collateral line considered by itself, and in relation to
the common ancestor, is a direct line; it becomes collateral
when placed along side of another line below the common ancestor,
in whom both lines unite for example:
Bouvier's Law Dictionary : L2 : Page 1 of 26
Common ancestor.
O
+-------------------------------+
| |
o o
| |
o o
Direct | | Collateral
line. o o line.
| |
o o
| |
o o
| |
O o
Ego.
4. These two lines are independent of each other; they have no
connexion, except by their union in the person of the common
ancestor. This reunion is what forms the relation among the
persons composing the two lines.
5. A line is also paternal or maternal. In the examination of a
person's ascending line, the line ascends first to his father,
next to his paternal grandfather, his paternal great-grandfather,
&c. so on from father to father; this is called the paternal
line. Another line will be found to ascend from the same person
to his mother, his maternal grandmother, and so from mother to
mother; this is the maternal line. These lines, however, do not
take in all the ascendants, there are many others who must be
imagined. The number of ascendants is double at each degree, as
is shown by the following table:
+----- o
|
+-----o----|
| |
| +----- o
|
+------|
| |
F | | +----- o
a | | |
t | +-----o----|
h | |
e | +----- o
r |
+--O--|
| |
P | O | +----- o
a | t | |
t | h | +-----o----|
e | e | | |
r | r | | +----- o
n | | |
a | L +------|
l | i |
| n | +----- o
L | e | |
i | +-----o----|
n | |
e | +----- o
|
Ego. O------|
|
M | +----- o
a | |
t | +-----o----|
e | | |
r | O | +----- o
n | t |
a | h +-----|
l | e | |
| r | | +----- o
l | | | |
i | l | +-----o----|
n | i | |
e | n | +----- o
| | e |
+--o--|
|
M | +----- o
o | |
t | +-----o----|
h | | |
e | | +----- o
r | |
+-----|
|
| +----- o
| |
+-----o----|
|
+----- o
Bouvier's Law Dictionary : L2 : Page 2 of 26
Vide 2 Bl. Com. 200, b. 2, c. 14; Poth. Des Successions, ch. 1,
art. 3, § 2; and article Ascendants.
LINE, measures. A line is a lineal measure containing the one
twelfth part of a on inch.
LINE, estates. The division between two estates. Limit;
border; boudary.
2. When a line is mentioned in a deed as ending at a particular
monument, (q. v.) it is to be extended in the direction called
for, without regard to distance, until it reach the boundary. 1
Taylor, 110, 303 2 Hawks, 219; 3 Hawks, 21; 2 Taylor, 1. And a
marked line is to be adhered to although it depart from the
course. 7 Wheat. 7; 2 Overt. 304; 3 Call, 239; 7 Monr. 333; 2
Bouvier's Law Dictionary : L2 : Page 3 of 26
Bibb, 261; 4 Bibb, 503; 4 Monr. 29; see further, 2 Dana, 2; 6
Wend. 467; 1 Bibb, 466; 1 Marsh. 382; 3 Marsh. 382; 3 Murph.
82; 13 Pick. 145; 13 Wend. 300; 5 J. J. Marsh. 587.
3. Where a number of persons settle simultaneously or at short
intervals in the same neighborhood, and their tracts, if extended
in certain directions, would overlap each other, the settlers
sometimes by agreement determine upon dividing lines, which are
called consentible lines. These lines, when fairly agreed upon,
have been sanctioned by the courts; and such agreements are
conclusive upon all persons claiming under the parties to them
with notice, but not upon bona fide purchasers for a valuable
consideration without notice, actual or constructive. 5 S. & R.
273; 9 W. & S. 66; 3 S & R. 323; 5 Binn. 129; 10 Watts, 324;
17 S. &. R. 57; Jones, L. 0. T.
4. Lines fixed by compact between nations are binding on their
citizens and subjects. 11 Pet. 209; 1 Overt. 269; 1 Ves. sen.,
Rep. 450; 1 Atk. R. 2; 1 Ch. Cas. 85; 1 P. Wms. 723727; 2
Atk. R. 592; 1 Vern. 48; 1 Ves. 19; 2 Ves. 284; 3 S. & R.
331.
LINEAGE. Properly speaking lineage is the relationship of
persons in a direct line; as the grandfather, the father, the
son, the grandson, &c.
LINEAL. That which comes in a line. Lineal consanguinity is that
which subsists between persons, one of whom is descended in a
direct line from the other. Lineal descent, is that which takes
place among lineal kindred.
LINEAL WARRANTY, old English law. A warranty by the heir, when
he derived title to the land warranted, either from or through,
the ancestor who made the warranty. See Warranty.
LIQUIDATED. That which is made clear, certain, and manifest;
as, liquidated damages, ascertained damages liquidated debt, an
ascertained debt, as to amount. A debt is liquidated when it is
certain what is due, and how much is due, cum certum est an et
quantum debeatur; for although it may appear that something is
due, if it does not also appear how much is due, the debt is not
liquidated. An unliquidated claim is one which one of the parties
to the contract cannot alone render certain. 5 M. R. 11; 1 N. S.
130; 6 N S. 715; 6 N. S. 10, 13 L. R. 275; 7 L. R. 134, 599.
Such a claim cannot be set off. 2 Dall. 237; S. C. 1 Yeates' R.
571; 10 Serg. & Rawle, 14; see Poth. Ob. n. 628; Dig. 50, 17,
24; Id. 42, 1, 64; Id. 1, 45, 112; Id. 46, 5, 11; Code, 7,
47. Dom. Lois Civ. l. 4, t. 2, s. 2, n. 2; Arg. Inst. 1. 4, c.
7; 7 Toull. n. 369; 6 Duv. Dr. Civ. Fr. n. 304.
LIQUIDATED DAMAGES. By this term is understood the fixed amount
which a party to an agreement promises to pay to the other, in
case he shall not fulfil some primary or principal engagement
into which he has entered by the same agreement it differs from a
penalty. (q. v.) Vide Damages liquidated.
2. The damages will be considered as liquidated in the
following cases: 1. When the damages are uncertain, and not
Bouvier's Law Dictionary : L2 : Page 4 of 26
capable of being ascertained by any satisfactory or known rule;
whether the uncertainty lies in the nature of the subject itself,
or in the particular circunstances of the case. 2 T. R. 32 1 Ale.
& N. 389; 2 Burr. 2225 10 Ves. 429; 7 Cowen, 307; 4 Wend. 468.
2. When, from the nature of the case, and the tenor of the
agreement, it is clear, that the damages have been the subject of
actual and fair calculation and ad-ustment between the parties. 2
Greenl. Ev. §259; 2 Story, Eq. §1318; 3 C. & P. 240; 10 Mass.
450, 462; 6 Bro. P. C. 436; 3 Taunt. 473; 7 John. 72; 4 Mass.
433; 3 Conn. 58; 1 Bouv. Inst. n. 655, 765.
LIQUIDATION. A fixed and determinate valuation of things which
before were uncertain.
LIRA. The name of a foreign coin. In all computations at the
custom house, the lira of Sardinia shall be estimated at eighteen
cents and six mills. Act of March 22, 1846. The lira of the
Lombardo-Venitian Kingdom, and the lira of Tuscany, at sixteen
cents. Act of March 22, 1846.
LIS. A suit; an action; a controversy in court; a dispute.
LIS MOTA. The cause of the suit or action. By this term is
understood the commencement of the controversy, and the beginning
of the suit. 4 Campb. R. 417; 6 Carr. & P. 552, 561; 2 Russ. &
My. 161; Greenl. Ev. §131, 132.
LIS PENDENS. The pendancy of a suit; the time between which it
is instituted and finally decided.
2. It has been decided that the mere serving of a subpoena in
chancery, unless a bill be also filed, is not a sufficient lis
pendens, but the bill being filed, the lis pendens commences from
the service of the subpoena, although that may not be returnable
till the following term 1 Vern. 318; and after a decree, final
in its nature, there remains no lis pendens. 1 Vern. 459.
3. It is a general rule, that Iis pendens is a general notice
of an equity to all the world. 3 Atk. 343; 2 P. Wms. 282; Amb.
676; 1 Vern. 286. Vide 2 Fonbl. Eq. 152, note; 1 Supp. to Ves.
jr. 284; 3 Rawle, R. 14; Pow. Mortg. index, h. t.; 1 John. Ch.
R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. Rep.
93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5
Ham. Rep. 462; 4 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R.
167, 170; 2 Edw. R. 115; 1 Hogan, R. 69; 6 Har. & John. 21; 2
Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617 Corn. Dig.
Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R.
479; 7 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560,
584; 14 Ohio, 109, 323.
4. When a defendant is arrested pending a former suit or
action, in which he was held to bail, he will not, in general, be
held to bail, if the second suit be for the same cause of action.
Grah. Prac. 98; Troub. & Haly's Prac. 44; 4 Yeates' R. 206. But
under special circumstances, he may be held to bail twice, and of
these circumstances the court will judge. 2 Miles, Rep. 99, 100,
142. See 14 John. R. 347. When such a second action is commenced,
Bouvier's Law Dictionary : L2 : Page 5 of 26
the first ought to be discontinued and the costs paid; but, it
seems, it is sufficient if they are paid before the replication
of nul tiel record to a plea of autre action pendant. in the
second suit. Grab. Pr. 98; and see 1 John. Cas. 397; 7 Taunt.
151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462;
6 Ohio R. 225; 1 Blackf. R. 53; Id. 315; Autre action pendent;
Bail; Litigiosity.
LIST. A table of cases arranged for trial or argument; as, the
trial list, the argument list. See 3 Bouv. Inst. n. 3031.
LISTERS. This word is used in some of the states to designate
the persons appointed to make lists of taxables. See Verm. Rev.
Stat. 538.
LITERAL CONTRACT, civil law. A contract, the whole of the
evidence of which is reduced to writing. This contract is
perfected by the writing, and binds the party who subscribed it,
although he has received no consideration. Leg. Elem. §887.
LITERARY PROPERTY. This name has been given to the right which
authors have in their works. This is secured to them by
copyright. (q. v.) Vide 2 Bl. Com. 405-6; 4 Vin. Ab. 278; Bac.
Ab. Prorogation, F 5; 2 Kent, Com. 306 to 315; 1 Supp. to Ves.
jr. 360, 376; 2 Id. 469; Nicklin on Literary Property; Dane's
Ab. Index, b. t.; 1 Chit. Pr. 98; 2 Amer. Jur. 248; 10 Amer.
Jur. 62; 1 Law Intell. 66; Curt. on Copyr. 11; 1 Bell's Com.
B. 1, part 2, c. 4, s. 2, p. 115; 1 Bouv. Inst. n. 508, et seq.
Vide Copyright.
LITIGANT. One engaged in a suit; one fond of litigation.
LITIGATION. A contest authorized by law, in a court of justice,
for the purpose of enforcing a right.
2. In order to prevent injustice, courts of equity will
restrain a party from further litigation, by a writ of
injunction; for example, after two verdicts on trials at bar, in
favor of the plaintiff, a perpetual injunction was decreed. Str.
404. And not only between two individuals will a court of equity
grant this relief, as in the above case of several ejectments,
but also, when one general-legal right, as a right of fishery, is
claimed against several, distinct persons, in which case there
would be no end of bringing actions, since each action would only
bind the particular right in question, between the plaintiff and
defendant in such action, without deciding the general right
claimed. 2 Atk. 484; 2 Ves. jr. 587. Vide Circuity of Actions.
LITIGI0SITY, Scottish law. The pendency of a suit; it is an
implied prohibition of alienation to the disappointment of an
action, or of diligence, the direct object of which is to obtain
possession, or to acquire the property of a particular subject.
The effect of it is analogous to that of inhibition. (q. v.) 2
Bell's Com. 152, 5th ed. Vide Lis Pendens.
LITIGIOUS. That which is the subject of a suit or action; that
which is contested in a court of justice. In another sense,
litigious signifies a disposition to sue; a fondness for
litigation.
Bouvier's Law Dictionary : L2 : Page 6 of 26
LTTIGIOUS RIGHTS, French law. Those which are or may be
contested either in whole or in part, whether an action has been
commenced, or when there is reason to apprehend one. Poth. Vente,
n. 584; 9 Mart. R. 183; Troplong, De la Vente, n. 984 a 1003;
Civ. Code of Lo. art. 2623; Id. 3522, n. 22. Vide Contentious
jurisdiction.
LITIS CONTESTATIO, civil law. "Contestari." It is when each
party to a suit (uterque reus) says "Teste estote." It was
therefore, so called, because persons were called on by the
parties to the suit "to bear witness," "to be witnesses." It is
supposed that this contestatio was the usual termination of
certain acts before the magistratus or in jure, of which the
persons called to be witnesses were at some future time to bear
record before the judex, in judicio. The Iis contestata, in the
system of Justinian, consisted in the statements made by. the
parties to a suit before the magistrate respecting the claim or
demand, and the answer or defence to it. When this was done, the
cause was ready for hearing. Savig. Traite de Droit Romain, tom.
vi. § cclviii.; Smith, Dict. Gr. & Rom. Antiq. h. v. The
contesting of the suit, or pleading the general issue. Vide 2
Bro. Civ. and Adm. Law, 358.
LITISPENDENCE. The part of an action being depending and
undetermined; the time during which an action is pending. See
Lis pendens.
LITRE. A French measure of capacity. It is of the size of a
decimetre, or one-tenth part of a cubic metre. It is equal to
61.028 cubic inches. Vide Measure.
LIVERY, Engl. law. 1. The delivery of possession of lands to
those tenants who hold of the king in capite, or knight's
service. 2. Livery was also the name of a writ which lay for the
heir of age, to obtain the possession of seisin of his lands at
the king's hands. F. N. B. 155. 3. It signifies, in the third
place, the clothes given by a nobleman or gentleman to his
servant.
LIVERY OF SEISIN, estates. A delivery of possession of lands,
tenements, and hereditaments, unto one entitled to the same. This
was a ceremony used in the common law for the conveyance of real
estate; and the livery was in deed, which was performed by the
feoffor and the feoffee going upon the land, and the latter
receiving it from the former; or in law, where the game was not
made on the land, but in sight of it. 2 Bl. Com. 315, 316.
2. In most of the states, livery of seisin is unnecessary, it
having been dispensed with either by express law or by usage. The
recording of the deed has the same effect. In Maryland, however,
it seems that a deed cannot operate as a feoffment, without
livery of seisin. 5 Harr. & John. 158. Vide 4 Kent, Com. 381 2
Hill, Ab. c. 26, s. 4; 1 Misso. R. 553; 1 Pet. R. 508; 1 Bay's
R. 107; 5 Har. & John. 158; Fairf. R. 318; Dane's Abridgment,
h. t.; and the article Seisin.
Bouvier's Law Dictionary : L2 : Page 7 of 26
LIVRE TOURNOIS, com. law. A coin used in France before the
revolution. It is to be computed in the ad valorem duty on goods,
&c., at eighteen and a half cents. Act of March 2, 1798, s. 61, 1
Story's L. U. S. 626. Vide Foreign Coins.
LOADMANAGE, maritime law, contracts. The pay to loadsmen; that
is, persons who sail or row before ships, in barks or small
vessels, with instruments for towing the ship, and directing her
course, in order that she may escape the dangers in her way.
Poth. Des Avaries, n. 147; Guidon de la Mer, ch. 14; Bac. Ab.
Merchant and Merchandise, F.
LOAN, contracts. The act by which a person lets another have a
thing to be used by him gratuitously, and which is to be
returned, either in specie or in kind, agreeably to the terms of
the contract. The thing which is thus transferred is also called
a loan. 1 Bouv. Inst. n. 1077.
2. A loan in general implies that a thing is lent without
reward; but, in some cases, a loan may be for a reward; as, the
loan of money. 7 Pet. R. 109.
3. In order to make a contract usurious, there must be a loan;
Cowp. 112, 770; 1 Ves. jr. 527; 2 Bl. R. 859; 3 Wils. 390 and
the borrower must be bound to return the money at all events. 2
Scho. & Lef. 470. The purchase of a bond or note is not a loan ;
3 Scho. & Lef. 469; 9 Pet. R 103; but if such a purchase be
merely colorable, it will be considered as a loan. 2 John. Cas.
60; Id. 66; 12 S. & R. 46; 15 John. R. 44.
LOAN FOR CONSUMPTION, or, MUTUTUM. (q. v.) A contract by which
the owner of a personal chattel, called the lender, delivers it
to another, known as the borrower, by which it is agreed that the
borrower shall consume the chattel loaned, and return at the time
agreed upon, another chattel, of the same quality, kind, and
number, to the lender, either gratuitously or for a con-
sideration; as, if Peter lends to Paul one bushel of wheat, to
be used by the latter, so that it shall not be returned to Peter,
but instead of which Paul will return to Peter another bushel of
wheat of the same kind and quality, at a time agreed upon.
2. It is evident that this contract differs essentially from a
loan for use. In the latter, the property of the thing lent
remains with the lender, and, if it be destroyed without the
fault or negligence of the borrower, it is his loss, and the
thing to be returned is the identical thing lent; but in the
loan for consumption, the property passes to the borrower, and in
case of its destruction, he must bear the loss, and the identical
property is never to be returned, but other property of the like
kind, quality, and number. This contract bears a nearer
resemblance to a barter or exchange; in a loan for consumption
the borrower agrees to exchange with the lender a bushel of
wheat, which he has not, but expects to obtain, for another
bushel of wheat which the lender now has, and with which he is
willing to part; or a more familiar example may be given:
Debtor borrows from Creditor, one hundred dollars to use as he
shall deem best, and he promises to return to Creditor another
hundred dollars at a future time.
Bouvier's Law Dictionary : L2 : Page 8 of 26
3. In cases of loan for consumption, the lender may charge for
the use of the thing loaned or not; as, if I lend one thousand
dollars to a friend for a month, I may charge interest or not but
a loan for use is always gratuitous when anything is charged for
the use, it becomes a hiring. See Hire; and also Mutuum.
LOAN FOR USE, or COMMODATUM, contracts. A bailment, or loan of
an article for a certain time, to be used by the borrower,
without paying for it. 2 Kent's Com. 446, 447. Sir William Jones
defines it to be a bailment of a thing for a certain time, to be
used by the borrower, without paying for it. Jones' Bailm. 118.
According to the Louisiana Code, art. 2864, it is an agreement by
which a person delivers a thing to another, to use it according
to its natural destination, or according to the agreement, under
an obligation on the part of the borrower, to return it after he
shall have done using it. This loan is essentially gratuitous.
The Code Civil, art. 1875, defines it in nearly the same words.
Lord Holt has defined this bailment to be, when goods or
chattels, that are useful, are lent to a friend gratis, to be
used by him: and it is called commodatum, he adds, because the
thing is to be restored in specie. 2 Ld. Ray. 909, 913.
2. The loan for use resembles somewhat a gift, for the lender,
as in a gift, gives something to the borrower; but it differs
from the latter, because there the property of the thing given is
transferred to the donee; instead of which, in the loan for use,
the thing given is only the use, and the property in the thing
lent remains in the lender. This contract has also some analogy
to the mutuum, or loan for consumption; but they differ in this,
that in the loan for use the lender retains the property in the
thing lent, and it must be returned in individuo; in the loan
for consumption, on the contrary, the things lent are to be
consumed, such as money, corn, oats, grain, cider, &c., and the
property in them is transferred to the borrower, who becomes a
debtor to the lender for the same quantity of like articles.
Poth. Pret a. Usage, n. 9, 10.
3. Several things are essential to constitute this contract;
first, there must be a thing which is lent; and this, according
to the civil law, may be either a thing movable, as a horse, or
an immovable, as a house or land, or goods, or even a thing
incorporeal. But in our law, the contract seems confined entirely
to goods and chattels, or personal property, and not to extend to
real estate. It must be a thing lent, in contradistinction to a
thing deposited or sold, or entrusted to another for the purpose
of the owner. Story on Bailm. § 223.
4. Secondly. It must be lent gratuitously, for if any
compensation is to be paid in, any manner whatsoever, it falls
under Another denomination, that of hire. Ayliffe's Pand. B. 4,
tit. 16, n. 516; Louis. Code, art. 2865; Pothier, Pret a Usage,
c. 1, art. 1, n. 1, c. 2, art., 3, n. 11.
Bouvier's Law Dictionary : L2 : Page 9 of 26
5. Thirdly. It must be lent for use, and for the use of the
borrower. It is not material whether the use be exactly that
which is peculiarly appropriate to the thing lent, as a loan of a
bed to lie on, or a loan of a horse to ride; it is equally a
loan, if the thing is lent to the borrower for any other purpose;
as, to pledge as a security on his own account. Story on Bailm.
§225. But the rights of the borrower are strictly confined to the
use actually or impliedly agreed to by the lender, and cannot be
lawfully exceeded. Poth. Pret a Usage, c. 1, §1, art. l, n. 5.
The use may be for a limited time, or for an indefinite time.
6. Fourthly. The property must be lent to be specifically
returned to the lender at the determination of the bailment;
and, in this respect it differs from a mutuum, or loan for
consumption, where the thing borrowed, such as corn, wine, and
money, is to be returned in kind and quantity. See Mutuum. It
follows, that a loan for use can never be of a thing which is to
be consumed by use; as, if wine is lent to be drunk at a feast,
even if no return in kind is intended, unless, perhaps, so far as
it is not drunk; for, as to, all the rest, it is strictly a
gift.
7. In general, it may be said that the borrower has the right
to use the thing during the time and for the purpose which was
intended between the parties. But this right is strictly confined
to the use, expressed or implied in the particular transaction;
and the borrower, by any excess, will make himself responsible.
Jones' Bailm. 68; Cro. Jac. 244; 2 Ld. Raym. 909,916; 1 Const.
Rep. So. Car. 121; Louis. Code: art. 2869; Code Civil, art.
1881; 2 Bulst. 306.
8. The obligations of the borrower are to take proper care of
the thing borrowed, to use it according to the intention of the
lender, to restore it in proper time, and to restore it in proper
condition. Story on Bailm. §236; Louis. Code, art. 2869; Code
Civ. 1880.
9. By the common law, this bailment may always be terminated at
the pleasure of the lender. (q. v.) Vin. Abr. Bailment, D; Bac.
Abr. Bailment, D.
10. The property in the thing lent in a loan for use, remains
in the lender, Story on Bailment, §283; Code Civil, art. 1877;
Louis. Code, art. 2866.
11. It is proper to remark that the loan for use must be
lawful; a loan by Peter to Paul of a ladder to enable him to
commit a larceny, or of a gun, to commit a murder, is not a loan
for use, but Peter by this act becomes an accomplice of Paul. 17
Duv. n. 503; 6 Duverg. n. 32.
LOCAL. Pertaining to a place; something annexed to the
freehold or tied to a certain place; as, local courts, or courts
whose jurisdiction is limited to a particular place; local
allegiance, or allegiance due while you are in a particular place
or country; local taxes, or those which are collected for
particular districts.
Bouvier's Law Dictionary : L2 : Page 10 of 26
LOCAL ACTION, practice, pleadings. An action is local when the
venue must be laid in the county where the cause of action arose.
1 Chit. PI'. 271; 21 Vin. Ab. 79; 3 Bl. Com. 294; Bac. Ab.
Actions, Local, &c.; Dane's Ab. Index, h. t.; 15 Mass. 284; 1
Brock. 203; 1 Greenl. 246. Vide Action; Venue.
LOCALITY, Scotch law. This name is given to a life rent created
in marriage contracts in favor of the wife, instead of leaving
her to her legal life rent of terce. 1 Bell's Com. 55. See
Jointure.
LOCATIO. Hire; a letting out.
LOCATIO CONDUCTIO, Civil law. Location conduction is a
consensual contract, by which a person becomes bound to deliver
to another the use of a thing for a certain time, or to do work
at. a certain price. 1 Bouv. Inst. n. 984.
LOCATIO MERCIUM VEHENDARUM, contracts. A term used in the civil
law to signify the carriage of goods for hire.
2. In respect to contracts of this sort entered into by private
persons, not exercising the business of common carriers, there
does not seem to be any material distinction varying the rights,
obligations and duties of the parties from those of other bailees
for hire. Every such private person is bound to ordinary
diligence, and a reasonable exercise of skill; and of course he
is not responsible for any losses not occasioned by ordinary
negligence unless he has expressly, by the terms of his contract,
taken upon himself such risk. 2 Ld. Raym. 909, 917, 918; 4
Taunt. 787; 6 Taunt. 577; 2 Marsh. 293,; Jones' Bailm. 103,
106, 121; 2 Bos. & Pull. 1l7; 1 Bouv. Inst. n. 1020. See Common
Carrier.
LOCATIO OPERIS, contracts. A term used in the civil law, to
signify the hiring of labor and services. It is a contract by
which one of the parties gives a certain work to be performed by
the other, who binds himself to do it for the price agreed
between them, which he who gives the work to be done promises to
pay to the other for doing it. Poth. Louage, n. 392. This is
divided into two branches, first, Locatio operis faciendi; and,
secondly, Locatio mercium vehendarum. See these words.
LOCATIO OPERIS FACIENDI, contracts. A term used in the civil
law. There are two kinds, first, the location operis faciendi,
strictly so called, or the hire of labor and services; such as
the hire of tailors to make clothes, and of jewelers to set gems,
and of watchmakers to repair watches. Jones' Bailm. 90, 96, 97.
Secondly, Locatio custodiae, or the receiving of goods on deposit
for a reward, which is properly the hire of care and attention
about the goods. Story on Bailm. 422, 442; 1 Bouv. Inst. n. 994.
2. In contracts for work, it is of the essence of the contract,
first, that there should be work to be done; secondly, for a
price or reward; and, thirdly, a lawful contract between parties
capable and intending to contract. Pothier, Louage, n. 395 to
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403. LOCATIO REI, contracts. A term used in the civil law, which
signifies the hiring of a thing. It is a contract by which one of
the parties obligates himself to, give to the other the use and
enjoyment, of a certain thing for a period of time agreed upon
between them, and in consideration of a price which the latter
binds himself to pay in return. Poth. Contr. de Louage, n. l. See
Bailment; Hire; Hirer; Letter.
LOCATION, contracts. A contract by which the temporary use of a
subject, or the work or service of a person, is given for an
ascertained hire. 1 Bell's Com. B. 2, pt. 3, c. 2, s. 4, art. 2,
§1, page 255. Vide Bailment; Hire.
LOCATION, estates. Among surveyors, who are authorized by
public authority to lay out lands by a particular warrant, the
act of selecting the land designated in the warrant and surveying
it, is called its location. In Pennsylvania, it is an application
made by any person for land, in the office of the secretary of
the late land office of Pennsylvania, and entered in the books of
said office, numbered and sent to the surveyor general's office.
Act June 25, 1781, §2, 2 Sm. Laws, 7.
LOCATOR, civil law. He who leases or lets a thing to hire to
another. His duties are, 1st. To deliver to the hirer the thing
hired, that he may use it. 2d. To guaranty to the hirer the free
enjoyment of it. 3d. To keep the thing hired in good order in
such manner that the hirer may enjoy it. 4th. To warrant that the
thing hired has not such defects as to destroy its use. Poth. Du.
Contr. de Louage, n. 53.
LOCK-UP HOUSE. A place used, temporarily as a prison.
LOCO PARENTIS. In the place of a parent.
2. It is frequently important in cases of devises and bequests,
to ascertain whether the testator did or did not stand towards
the devisee or legatee, in loco parentis. In general, those who
assume the parental character may be considered as standing in
that relation but this character must clearly appear.
3. The fact of his so standing may be shown by positive proof,
or the express declarations of the testator in his will, or by
circumstances; as, when a grandfather; 2 Atk. 518; a brother;
1 B. & Beat. 298; or an uncle; 2 A. 492; takes an orphan child
under his care, or supports him, he assumes the office of a
parent. The law places a master in loco parentis in relation to
bis apprentice. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.
LOCUM TENENS. He who holds the place of another, a deputy; as
A B, locum tenens of C D, mayor of the city of Philadelphia.
LOCUS. The place where a thing is done.
LOCUS CONTRACTUS. The place of the contract. In general, the
law of the place where the contract is made, governs in
everything which relates to the mode of construing it. Vide Lex
loci contractus.
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LOCUS DELICTI. The place where the tort, offence, or injury bas
been committed.
LOCUS POENITENTIAE. contracts, crim. law. Literally this
signifies a place of repentance; in law, it is the opportunity
of withdrawing from a projected contract, before the parties are
finally bound; or of abandoning the intention of committing a
crime, before it has been completed, 2 Bro. C. R. 569; Ersk.
Laws of Scotl. 290. Vide article Attempt.
LOCUS IN QUO. The place in which. In pleadings it is the place
where any- thing is alleged to have been done. 1 Salk. 94.
LOCUS REI SITAE. The place where a thing is situated. In
proceedings in rem, in real actions in the civil law, or: those
which have for their object the recovery of a thing; and in real
actions in the common law, or those for the recovery of land, the
proper forum is the locus rei sitae. 2 Gall. R. 191.
LOCUS SIGILLI. The place of the seal. 2. In many of the states,
instead of sealing deeds, writs, and other papers or documents
requiring it, a scroll is made in which the letters L. S. are
printed or written, which is an abbreviation of Locus Sigilli.
This in some of the states has all the efficacy of a seal, but in
others it has no such effect. See Scroll.
LODGER. One who has a right to inhabit another man's house. He
has not the same right as a tenant; and is not entitled to the
same notice to quit. Woodf. L. &_T. 177. See 7 Mann. & Gr. 87;
S. C. 49 E. C. L. R. 85, 151, and article Inmate.
LODGINGS. Habitation in another's house, in which the owner
dwells; the oc- cupier being termed a lodger.
LOG BOOK. A ship's journal. It contains a minute account of the
ship's course, with a short history of every occurrence during
the vovage. 1 Marsh. Ins. 408. When a log books required by law
to be kept, it is an official register so far as regards the
transactions required by law to be entered in it, but no further.
Abbott on Shipp. by Story, 468, n. 1; 1 Summ. R. 373 2 Summ. 19,
78; 4 Mason, R. 544; 1 Esp. R. 427.
LOQUELA, practice. An imparlance. Loquela sine die, a respite
in law to an indefinite time. Formerly by loquela was meant the
allegations of fact mutually made on either side, now denominated
the pleadings. Steph. PI. 29.
LORD. In England, this is a title of honor. Fortunately in the
U. S. no such titles are allowed.
LORD'S DAY. The same as Sunday. (q. v.) Dies Dominicus non est
juridicus. Co. Litt. 135; Noy's Max. 2.
LOSS, contracts. The deprivation of something which one had,
which was either advantageous, agreeable or commodious.
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2. In cases of partnership, the losses are in general borne by
the partners equally, unless stipulations or circumstance's
manifest a different intention. Story, Partn. §24. But it is not
essential that the partners should all share the losses. They may
agree, that if there shall be no profits, but a loss, that the
loss shall be borne by one or more of the partners exclusively,
and that the others shall, inter se, be exempted from all
liabilities for losses. Colly. Partn. 11; Gow, Partn. 9; 3 M. &
Wels. 357; 5 Barn. & Ald. 954 Story, Partn. §23.
3. When a thing sold is lost by an accident, as by fire, the
loss falls on the owner, res perit domino, and questions not
unfrequently arise, as to whether the thing has been delivered
and passed to the purchaser, or whether it remains still the
property of the seller. See, on this subject, Delivery.
LOSS IN INSURANCE, contracts. A loss is the injury or damage
sustained by the insured in consequence of the happening of one
or more of the accidents or misfortunes against which the
insurer, in consideration of the premium, has undertaken to
indemnify the insured. 1 Bouv. Inst. n. 1215.
2. These accidents or misfortunes, or perils, as they are
usually denom-inated, are all distinctly enumerated in the
policy. And no loss, however great or unforeseen, can be a loss
with the policy, unless it be the direct and immediate
consequence of one or more of these perils, Marsh. Ins. B, 1, c.
12. As to the risks which are within the common policy, see
Marsh. Ins. c. 7, s. 2.
3. Every loss is either total or partial.
4. The term total loss is understood in two different senses;
natural and legal. In its natural sense it signifies the complete
and absolute destruction of the thing inured. In its legal sense,
it means, not merely the entire de-struction or deprivation of
the thing insured, but also such damage to it, though it
specifically remain, as renders it of little or no value to the
owner. A loss is also deemed total, if, by the happening of any
of the perils or misfortunes insured against, the voyage be lost,
or be not worth pursuing, and the projected adventure be
frustrated; or if the value of what he saved, be less than the
freight. See Dougl. 231; 1 T. R. 608; Id. 187; Str. 1065; 13
East, R. 323; 2 M. & S 374 1 N. R. 236; 1 Wils. 191; 4 T. R.
785 9 East, R. 283; 3 B. & P. 388; Marsh. Ins. B. 1, c. 12; 1
T. R. 187.
5. A partial loss, is any loss or damage short of, or not
amounting to a total loss, for if it be not the latter it must be
the former. See 4 Mass. 374; 6 Mass. 102; Id, 122; Id. 317; 7
Mass. 349; 9 Mass. 20; 12 Mass. 170; 12 Mass. 288; 6 Mass.
479; 8 Mass. 494; 10 Johns. Rep. 487; 8 Johns. 237; 5 Binn.
595; 2 Serg. & Rawle, 553.
6. Partial losses are sometimes denominated average losses,
because they are often in the nature of those losses which are
the subject of average contributions; and they are distinguished
into general and particular averages. See tit. Average.
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7. Losses are occasioned in a variety of ways but most usually
by the following: 1. By perils of the sea. See tit. Perils of
the Sea. 2. By collision, as where one ship drives against, or
runs foul of another. Marsh. Ins. B. 1, c. 12, s. 2. 3. By fire.
Marsh. B. 1, c. 12, s. 3. 4. By capture. See tit. Capture;
Marsh. Ins. B. 1. c. 12, s. 4; 2 Caines' C. Err. 158; 7 Johns.
R. 449; 13 Johns. R. 161; 14 Johns. R. 227; 3 Wheat. 183; 4
Cranch, 43; 6 Mass. 197. 5. By detention of princes. By the
terms of the policy, the insurer is liable for all loss
occasioned by "arrest or detainments of all kings, princes, and
people, of what nation, condition, or quality soever." Under
these words, the insurers are liable for all losses occasioned by
arrests or detention of the ship, or goods insured, by the
authority of any prince or public body claiming to exercise
sovereign power, under what pretence soever. Marsh. Ins. B. 1, c.
12, s. 5. See Embargo; People. 6. By Barratry. Marsh. Ills. B.
1, c. 12, s. 6. See tit. Barratry; 2 Caines' R. 67; Id. 222; 3
Caines' Rep. 1; 1 Johns. R. 229; 8 Johns. R. 209, 2d edit.; 5
Day, 1; 11 Johns. Rep. 40; 13 Johns. Rep. 451; 2 Binn. 574; 2
Dall. 137; 8 Cranch, 39; 3 Wheat. 168. 7. By average by
contribution. See Marsh. Ins. B. 1, c. 12, s. 7; this Dict. tit.
Average. 8., By salvage. See tit. Salvage; Marsh. Ins. B. 1, c.
12, s. 8. 9. By the death of animals. If animals, such as horses,
cattle, or beasts or birds of curiosity, be insured in their
passage by sea, their death, occasioned by tempests, by the shot
of an enemy, by jettison in a storm, or by any other
extraordinary accident, occasioned by the perils enumerated in
the policy, is a loss for which the underwriters are liable. Not
so, if it be occasioned by mere disease or natural death. Marsh.
Ins. B. 1, c. 12, s. 10. 10. By fraud. Marsh. Ins. B. 1, c. 12,
s. 11. See, generally, Com. Dig. Merchant, E 9, n; Bac. Abr.
Merchant, 1. 5
LOST. What was once possessed and cannot now be found.
2. When a bond or other deed was lost, formerly the obligee or
plaintiff was compelled to go into equity to seek relief, because
there was no remedy a law, the plaintiff being required to make
profert in his declaration. 1 Chan. c. 7T. But in process of time
courts of law dispensed with profert in such cases, and thereby
obtained concurrent jurisdiction with the courts of chancery, so
that now the loss of any paper, other than a negotiable note,
will not prevent the plaintiff from recovering at law as well as
in equity. 3 Atk. 214; 1 Ves. 341; 5 Ves. 235; 6 Ves. 812, 7
Ves. 19; 3 V. & B. 54.
3. When a negotiable note has been lost, equity will grant
relief. In such case the claimant must tender an indemnity to the
debtor, and file a bill in chancery to compel payment. 7 B. & C.
90; Ryan & Mo. 90; 4 Taunt. 602; 2 Ves. sen. 327; 16 Ves.
430.
LOST PAPERS. When a paper containing an agreement between
parties, a will, and the like, has been so mislaid, that after a
diligent search it cannot be found, it is said to be lost.
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2. When such a document has been lost, and it is required to
prove its contents, the party must prove that he has made
diligent search, and, in good faith, exhausted all sources of
information accessible to him. For this purpose bis own affidavit
is sufficient. 1 Atk. 446; 1 Greenl. Ev. §349. On being
satisfied of this, the court will allow secondary evidence to be
given of its contents. See Evidence.
3. Even a will proved to be lost, may be admitted to probate,
upon secondary evidence. 1 Greenl. Ev. §84, 509, 575; 2 Greenl.
Ev. §668, a, 2d ed. But the fact of the loss must be proved by
the clearest evidence, because it may have been destroyed by the
testator animo revocandi. 8 Mete. 487; 2 Addams, 223; 6 Wend.
173; 1 Hagg. Eccl. R. 115; 3 Pick. 67; 5 B. Munroe, 58; 2
Curt. 913.
LOST OR NOT LOST. These words are sometimes inserted in
policies of marine insurance. They are used when the underwriter
undertakes that if the ship or goods should be lost at the time
of the insurance, still the underwriter is liable, provided there
is no fraud. Moll. B. 2, c. 7, s. 5; Hildy. on Mar. Ins. 10.
LOT. Anything on which depends the accidental determination of
a right by which we acquire or lose something; or it is that
which fortuitously deter-mines what we are to acquire. When it
can be certainly known what are our rights, we ought never to
resort to a decision by lot; but when it is impossible to tell
what actually belong to us, as if an estate is divided into three
parts and one part given to each of three persons, the proper way
to ascertain each one's part is to draw lots. Wolff, Dr. &c., de
la Nat. §669.
LOT OF GROUND. A small piece of land in a town or city usually
employed for building, a yard, a garden or such other urban use.
Lots are in-lots, or those within the boundary of the city or
town, and out-lots, those which are out of such boundary, and
which are used by some of the inhabitants of such town or city.
LOTTERY. A scheme for the distribution of prizes by chance.
2. In most, if not all of the United States, lotteries not
specially authorized by the legislatures of the respective states
are prohibited, and the persons concerned in establishing them
are subjected to a heavy penalty. This is the case in Alabama,
Connecticut Delaware, Georgia, Kentucky, Maryland, Massachusetts,
Mississippi, New York, Ohio, Pennsylvania, Rhode Island,
Tennessee, Vermont and Virginia. ln Louisiana, a license is
granted to sell tickets in a lottery not authorized by the
legislature of that state, on the payment of $5000, and the
license extends only to one lottery. In many of the states, the
lotteries authorized by other states, are absolutely prohibited
Encycl. Amer. h. t.
LOUISIANA. The name of one of the new states of the United
States of America. This state was admitted into the Union by the
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act of congress, entitled "An act for the admission of the state
of Louisiana into the Union, and to extend the laws of the United
States to the said state," approved April 8, 1812, 2 Story's L.
U. S. 1224; the preamble of which recites and the first section
enacts as follows, namely:
2. Whereas the representatives of the people of all that part
of the territory or country ceded, under the name of "Louisiana,"
by the treaty made at Paris, on the thirtieth day of April, one
thousand eight hundred and three, between the United States and
France, contained within the following limits; that is to say:
beginning at the mouth of the river Sabine; thence, by a line to
be drawn along the middle of said river, including all islands to
the thirty-second degree of latitude; thence, due north, to the
northernmost part of the thirty-third degree of north latitude,
thence, along the said parallel of latitude, to the river
Mississippi; thence, down the said river, to the river
Iberville; and from thence, along the middle of the said river,
and lakes Maurepas and Ponchartrain, to the gulf of Mexico;
thence, bounded by the said gulf, to the place of beginning;
including all islands within three leagues of the coast; did, on
the twenty-second day of January, one thousand eight hundred and
twelve, form for themselves a constitution and state government,
and give to the said state the name of the state of Louisiana, in
pursuance of an act of congress, entitled "An act to enable the
people of the territory of Orleans to form a constitution and
state government, and for the admission of the said state into
the Union, on an equal footing with the original states, and for
other purposes: And the said constitution having been
transmitted to congress, and by them being hereby approved;
therefore,
3. - §1. Be it enacted, &c. That the said state shall be one,
and is hereby declared to be one of the United Staies of America
and admitted into the Union on an equal footing with the original
states, in all respects whatever, by the name and title of the
state of Louisiana: Provided, That it shall be taken as a
condition upon which the said state is incorporated in the Union,
that the river Mississippi, and the navigable rivers and waters
leading into the same, and into the Gulf of Mexico, shall be
common highways, and forever free, as well to the inhabitants of
the said state as to the inhabitants of other states, and the
territories of the United States, without any tax, duty, impost,
or toll, therefor, imposed by the said state; and that the above
con- dition, and also all other the conditions and terms
contained in the third section of the act, the title whereof is
hereinbefore recited, shall be considered, deemed, and taken,
fundamental conditions and terms, upon which the said state is
incorporated in the Union. See 11 M. R. 309.
4. By the present constitution of the state of Louisiana, which
was adopted in 1845; the powers of the government of the state
of Louisiana, are divided into three distinct departments, each
of them confined to a separate body of magistracy, to wit: The
legislative to one, the executive to another, and the judicial to
a third. Title I.
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5.-1st. The legislative power is vested in a general assembly,
which consists of a senate and house of representatives.
6. - §1. The senate will be considered with reference to the
qualification of the electors; the qualification of the members
the length of time for which they are elected and the time of
their election. 1. In all elections by the people, every free
white male, who has been two years a citizen of the United
States, who has attained the age of twenty-one years, and resided
in the state two consecutive years next preceding the election,
and the last year thereof in the parish in which he offers to
vote, shall have the right of voting: Provided, That no person
shall be deprived of the right of voting, who, at the time of the
adoption of this constitution, was entitled to that right under
the constitution of 26
12. Absence from the state for more than
ninety conse- cutive days, shall interrupt the acquisition of the
residence required in the preceding section, unless the person
absenting himself shall be a housekeeper, or shall occupy a
tenement for carrying on business, and his dwelling house or
tenements for carrying on business, be actually occupied during
his absence, by his family or servants, or some portion thereof,
or by some one employed by him. No soldier, seaman, or marine in
the army or navy of the United States, no pauper, no person under
interdiction, nor under conviction of any crime punishable by
hard labor, shall be entitled to vote at any election in this
state. 2. No person shall be a senator, who, at the time of bis
election, has not been a citizen of the United States ten years,
and who has not attained the age of twenty-seven years and
resided in the state four years next preceding his election, and
the last year thereof, in the district in which he may be chosen.
The number of senators shall be thirty-two. 3. The members of the
senate shall be chosen for the term of four years. 4. Their
election takes place on the first Monday in November, every two
years, so that one half of their number are elected every two
years, and a perpetual rotation thereby kept up.
7. - §2. The house of representatives will be treated of in the
same manner as that of the senate. 1. The electors are qualified
in the same manner as those of the senate. 2. No person shall be
a representative, who, at the time of his election, is not a free
white male, and has not been for three years a citizen of the
United States, and has not attained the age of twenty-one years,
and resided in the state for three years next preceding the
election, and the last year thereof in the parish for which he
may be chosen. The number of representatives shall not be more
than one hundred, nor less than seventy. 3. They are chosen every
two years. 4. Their election is on the first Monday in November,
every two years. Title II.
8. - 2d. The supreme executive power of the state shall be
vested in a chief magistrate, who shall be styled the governor of
the state of Louisiana. He is elected by the qualified electors
at the time and place of voting for representatives; the person
having the greatest number of votes, shall be declared elected.
But if two or more persons shall be equal in the highest number
of votes polled, one of them shall immediately be chosen governor
by the joint vote of the members of the general assembly. 2. No
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person shall be eligible to the office of governor, who shall not
have attained the age of thirty-five years, been fifteen years a
citizen of the United States, and a resident within the state for
the same space of time next preceding his election. 3. He shall
hold his office during the term of four years, but shall be
ineligible for the succeeding four years after its termination.
4. His principal functions are as follows: He shall be
commander-in-chief of the army and navy of this state, and of the
militia thereof, except when they shall be called into the
service of the United States. He shall take care that the laws be
faithfully executed. From time to time give to the general
assembly information respecting the situation of the state, and
recommend to their consideration such measures as he may deem
expedient. Shall have power to grant reprieves for all offences
against the state. With the consent of the senate, have power to
grant pardons and remit fines and forfeitures, after conviction,
except in cases of impeachment. In cases of treason, may grant
reprieves until the end of the next session of the general
assembly, in which the pardoning power shall be vested. Shall
nominate, and by and with the advice and consent of the senate,
appoint all officers established by this constitution, whose mode
of appointment is not otherwise prescribed by the constitution,
nor by the legislature. Have power to fill vacancies during the
recess of the senate, provided he appoint no one whom the senate
have rejected for the same office. May, on extraordinary
occasions convene the general asserably at the seat of
government, or at a different place, if that should have become
dangerous from an enemy or from an epidemic; and in case of
disagreement between the two houses as to the time of
adjournment, he may adjourn them to such time as he may think
proper, not exceeding four months. He shall have the veto power.
Title III.
9. - 3d. The judicial power is vested by title IV of the
constitution, as follows:
10. - §1. The judicial power shall be vested in a supreme
court, in district courts, and injustices of the peace.
11. - §2. The supreme court, except in cases hereinafter
provided, shall have appellate jurisdiction only, which
jurisdiction shall extend to all cases when the matter in dispute
shall exceed three hundred dollars, and to all cases in which the
constitutionality or legality of any tax, toll, or impost of any
kind or nature soever, shall be in contestation, whatever may be
the amount thereof; and likewise to all fines, forfeitures, and
penalties imposed by municipal corporations, and in criminal
cases on questions of law alone, whenever the punishment of death
or hard labor may be inflicted, or when a fine exceeding three
hundred dollars is actually imposed.
12. - §3. The supreme court shall be composed of one chief
justice, and of three associate justices, a majority of whom
shall constitute a quorum. The chief justice shall receive a
salary of six thousand dollars, and each of the associate judges
a salary of five thousand five hundred dollars annually. The
court shall appoint its own clerks. The judges shall be appointed
for the term of eight years.
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13. - §4. When the first appointments are made under this
constitution, the chief justice shall be appointed for eight
years, one of the associate judges for six years, one for four
years, and one for two years and in the event of the death,
resignation, or removal of any of said judges before the
expiration of the period for which he was appointed, his
successor shall be appointed only for the remainder of his term;
so that the term of service of no two of said judges shall expire
at the same time.
14. - §5. The supreme court shall hold its sessions in New
Orleans, from the first Monday of the month of November, to the
end of the month of June, inclusive. The legislature shall have
power to fix the sessions elsewhere during the rest of the year;
until otherwise provided, the sessions shall be held as
heretofore.
15. - §6. The supreme court, and each of the judges thereof,
shall have power to issue writs of habeas corpus, at the instance
of all persons in actual custody under process, in all cases in
which they may have appellate jurisdiction.
16. - §7. In all cases in which the judges shall be equally
divided in opinion, the judgment appealed from shall stand
affirmed; in which case each of the judges shall give his
separate opinions in writing.
17. - §8. All judges, by virtue of their office, shall be
conservators of the peace throughout the state. The style of all
processes shall be, "The State of Louisiana." All prosecutions,
shall be carried on in the name and by the authority of the state
of Louisiana, and conclude, against the peace and dignity of the
same.
18. - §9. The judges of all the courts within this state shall,
as often as it may be possible so to do, in every definite
judgment, refer to the particular law in virtue of which such
judgment may be rendered, and in all cases adduce the reasons on
which their judgment is founded.
19. - §10. No court or judge shall make any allowance by way of
fee or compensation in any suit or proceedings, except for the
payment of such fees to ministerial officers as may be
established by law.
20. - §11. No duties or functions shall ever be attached by law
to the supreme or district courts, or to the several judges
thereof, but such as are judicial; and the said judges are
prohibited from receiving any fees of office or other
compensation than their salaries for any civil duties performed
by them.
21. - §12. The judges of all courts shall be liable to
impeachment; but for any reasonable cause, which shall not be
sufficient ground for impeachment, the governor shall remove any
Bouvier's Law Dictionary : L2 : Page 20 of 26
of them on the address of three-fourths of the members present of
each house of the general assembly. In every such case the cause
or causes for which such removal may be required, shall be stated
at length in the address, and inserted in the journal of each
house.
22. - §13. The first legislature assembled under this
constitution shall divide the state into judicial districts,
which shall remain unchanged for six years, and be subject to
reorganization every sixth year thereafter. The number of
districts shall not be less than twelve, nor more than twenty.
For each district one judge, learned in the law, shall be
appointed, except in the districts in which the cities of New
Orleans and Lafayette are situated, in which the legislature may
establish as many district courts as the public interest may
require.
23. - §14. Each of the said judges shall receive a salary to be
fixed by law, which shall not be increased or diminished during
his term of office, and shall never be less than two thousand
five hundred dollars annually. He must be a citizen of the United
States, over the age of thirty years, and have resided in the
state for six years next preceding his appointment, and have
practised law therein for the space of five years.
24. - §15. The judges of the district courts shall hold their
offices for the term of six years. The judges first appointed
shall be divided by lot into three classes, as nearly equal as
can be, and the term of office of the judges of the first class
shall expire at the end of two years, of the second class at the
end of four years, and of the third class at the end of six
years.
25. - §16. The district courts shall have original jurisdiction
in all civil cases when the amount in dispute exceeds fifty
dollars, exclusive of interest. In all criminal cases, and in all
matters connected with successions, their jurisdiction shall be
unlimited.
26. - §17. The jurisdiction of justices of the peace shall
never exceed, in civil cases, the sum of one hundred dollars,
exclusive of interest, subject to appeal to the district court in
such cases as shall be provided for by law. They shall be elected
by the qualified voters of each parish for the term of two years,
and shall have such criminal jurisdiction as shall be provided
for by law.
LOW WATER MARK. That part of the shore of the sea to which the
waters re- cede when the tide is the lowest. Vide High Water
Mark; River; Sea Shore; Dane's Ab. h. t.; 1 Halst. R. 1.
LOYAL. Legal; according to law; as, loyal matrimony, a lawful
marriage; at- tached to the existing law.
LOYALTY. That which adheres to the law, that which sustains an
existing government. See Penal Laws of China, 3.
Bouvier's Law Dictionary : L2 : Page 21 of 26
LUCID INTERVAL, med. jur. That space of time between two fits
of insanity, during which a person non compos mentis is
completely restored to the perfect enjoyment of reason upon every
subject upon which the mind was previously cognizant. Shelf. on
Lun. 70; Male's Elem. of Forensic Medicine, 227; and see Dr.
Haslam on Madness, 46; Reid's Essays on Hypochondriasis, 317
Willis on Mental Derangement, 151.
2. To ascertain whether a partial restoration to sanity is a
lucid interval, we must consider the nature of the interval and
its duration. 1st. Of its nature.: "It must not," says
D'Aguesseau, "be a superficial tranquillity, a shadow of repose,
but on the contrary, a profound tranquillity, a real repose; it
must not be a mere ray of reason, which only makes its absence
more apparent when it is gone, not a flash of lightning, which
pierces through the darkness only to render it more gloomy and
dismal, not a glimmering which unites night to the day; but a
perfect light, a lively and continued lustre, a full and entire
day, interposed between two separate nights of the fury which
precedes and follows it; and to use another image, it is not a
deceitful and faithless stillness, which follows or forebodes a
storm, but a sure and steady tranquillity for a time, a real
calm, a perfect serenity; without looking for so many metaphors
to represent an idea, it must not be a mere diminution, a
remission of the complaint, but a kind of temporary cure, an
intermission so clearly marked, as in every respect to resemble
the restoration of health." 2d, Of its duration. "As it is
impossible," he continues, "to judge in a moment of the qualities
of an interval, it is requisite that there should be a sufficient
length of time for giving a perfect assurance of the temporary
reestablishment of reason, which it is not possible to define in
general, and which depends upon the different kinds of fury, but
it is certain there must be a time, and a considerable time." 2
Evan's Poth. on Oblig. 668, 669.
3. It is the duty of the party who contends for a lucid
interval to prove it; for a person once insane is presumed so,
until it is shown that he has a lucid interval or has recovered.
Swinb. 77; Co. Litt. by Butler, n. 185; 3 Bro. C. C. 443; 1
Rep. Con. Ct. 225; 1 Pet. R. 163; 1 Litt. R. 102. Except
perhaps the alleged insanity was very long ago, or for a very
short con- tinuance. And the wisdom of a testament, when it is
proved that the party framed it without assistance, is a strong
presumption of the sanity of a testator. 1 Phill. R. 90;1 Hen. &
Munf. 476.
4. Medical men have doubted of the existence of a lucid
interval, in which the mind was completely restored to its sane
state. It is only an abatement of the symptoms, they say, and not
a removal of the cause of the disease; a degree of irritability
of the brain remains behind which renders the patient unable to
withstand any unusual emotion, any sudden provocation, or any
unexpected pressing emergency. Dr. Combe, Observations on Mental
Derangement, 241; Halsam, Med. Jur. of Insanity, 224; Fodere,
De Medecine Legale, tom, 1 , p. 205, 140; Georget, Des Maladies
Mentales, 46; 2 Phillim. R. 90; 2 Hagg. Eccl. R. 433; 1
Phillim. Eccl. R. 84.
Bouvier's Law Dictionary : L2 : Page 22 of 26
See further, Godolph. 25; 3 Bro. C. C. 443; 11 Ves. 11; Com.
Dig. Testi-moigne, A 1; 1 Phil. Ev. 8; 2 Hale, 278; 10 Harg.
State Tr. 478; Erskine's Speeches, vol. 5, p. l; 1 Fodere, Med.
Leg. § 205.
LUCRE. Gain, profit. Cl. des Lois Rom. h. t.
LUCRI CAUSA. This is a Latin expression, which signifies that
the thing to which it applies is done for the sake of gain.
2. It was supposed that when a larceny was committed the taking
should have been lucri causa; but it has been considered that it
is not necessary the taking should be lucri causa, if it be
fraudulenter, with intent to wholly deprive the owner of the
property. Russ. & Ry. 292; 2 RUSS.' on Cr. 92. 1 Car. & K. 532.
Vide Inst. lib. 4, t. 1, s. 1.
LUGGAGE. Such things as are carried by a traveller, generally
for his personal accommodation; baggage. In England this word is
generally used in the same sense that baggage is used in the
United States. See Baggage.
LUNACY, med. jur. A disease of the mind, which is differently
defined as it applies to a class of disorders, or only to one
species of them. As a general term it includes all the varieties
of mental, disorders, not fatuous.
2. Lunacy is adopted as a general term, on account of its
general use as such in various legislative acts and legal
proceedings, as commissions of lunacy, and in this sense it seems
to be synonymous with non compos mentis, or of unsound mind.
3. In a more restricted sense, lunacy is the state of one who
has bad understanding, but by discase, grief, or other accident,
has lost the use of reason. 1 Bl. Com. 304.
4. The following extract from a late work, Stock on the Law of
Non Compotes Mentis, will show the difficulties of discovering
what is and what is not lunacy. "If it be difficult to find an
appropriate definition or comprehensive name for the various
species of lunacy," says this author, page 9, "it is quite as
difficult to find anything approximating to a positive evidence
of its presence. There are not in lunacy, as in fatuity, external
signs not to be mistaken, neither is there that similarity of
manner and conduct which enables any one, who has observed
instances of idiocy or imbecility, to detect their presence in
all subsequent cases, by the feebleness of perception and
dullness of sensibility common to them all. The varieties of
lunacy are as numerous as the varieties of human nature, its
excesses commensurate with the force of human passion, its
phantasies coextensive with the range of human intellect. It may
exhibit every mood from the most serious to the most gay, and
take every tone from the most sublime to the most ridiculous. It
may confine itself to any trifling feeling or opinion, or
overcast the whole moral and mental conformation. It may surround
its victim with unreal persons and events, or merely cause him to
Bouvier's Law Dictionary : L2 : Page 23 of 26
regard real persons and events with an irrational favor or
dislike, admiration or contempt. It may find satisfaction in the
most innocent folly, or draw delight from the most atrocious
crime. It may lurk so deeply as to elude the keenest search, or
obtrude so openly as to attract the most careless notice. It may
be the fancy of an hour, or the distraction of a whole life. Such
being the fact, it is not surprising that many scientific and
philosophical men have vainly exhausted their observation and
ingenuity to find out some special quality, some peculiar mark or
characteristic common to all cases of lunacy, which might serve
at least as a guide in deciding on its absence or presence in
individual instances. Being hopeless of a definition, they would
willingly have contented themselves with a test, but even this
the obscurity and difficulty of the subject seem to forbid.
5. Lord Erskine, who, in his practice at the bar, had his
attention drawn this way, from being engaged in some of the most
remarkable trials of his time involving questions of lunacy, has
given as his test, "a delusive image, the inseparable companion
of real insanity," (Ersk. Misc. Speeches) and Dr. Haslam, whose
opportunities of observation have surpassed most other persons,
has proposed nearly the same, by saying that "false belief is the
essence of insanity." (Haslam on Insanity.) Sir John Nicholl, in
his admirable judgment in the case of Dew v. Clark, thus
expresses himself: "The true criterion is, where there is
delusion of mind there is insanity; that is, when persons
believe things to exist, which exist only, or at least, in that
degree exist only in their own imagimation, and of the
non-existence of which neither argment nor proof can convince
them; they are of unsound mind; or as one of the counsel
accurately expressed it, it is only the belief of facts, which no
rational person could have believed, that is insane delusion."
(Report by Haggard, p. 7.) Useful as these several remarks are,
they are not absolutely true. It is indeed beyond all question
that the great majority of lunatics indulge in some "delusive
image," entertain some "false belief." They assume the existence
of things or persons which do not exist, and so yield to a
delusive image, or they come to wrong conclusions about persons
and things which do exist, and so fall into a false belief. But
there is a class of cases where lunacy is the result of exclusive
indulgence in particular trains of thought or feeling, where
these tests are sometimes wholly wanting, and yet where the
entire absorption of the faculties in one pedominant idea, the
devotion of all the bodily and mental powers to one useless or
injurious purpose, prove that the mind has lost its equilibrium.
With some passions, indeed, such as self-esteem and fear, what
was at first an engrossing sentiment, will often go on to a
positive delusion; the self-adoring egotist grows to fancy
himself a sovereign or a deity; the timid valetudinarian becomes
the prey of imaginary diseases, the victim of unreal
persecutions. But with many other passions, such as desire,
avarice or revenge, the neglect and forgetfulness of all things
save one, the insensibility to all restraints of reason,
morality, or prudence, often proceed to such an extent as to
justify holding an individual as a lunatic, incapable of all
self-restraint, although, strictly speaking, not possessed by any
delusive image or false belief. Much less do these tests apply to
Bouvier's Law Dictionary : L2 : Page 24 of 26
many cases of irresistible propensity to acts wholly irrational,
such as to murder or to steal without the smallest assignable
motive, which, rare as they are, certainly occur from time to
time, and cannot but be held as an example of at least partial
and temporary lunacy. It is to cases where no false belief or
image can be detected, that the remark of Lord Erskine is more
particularly applicable; "they frequently mock the wisdom of the
wisest in judicial trials," (Ersk. Misc. Speeches,) and were not
the paramount object of all legal punishment the benefit of the
community, which makes it inexpedient to spare offenders against
the law, if insanity be the ground of their de-fence, except upon
the clearest proof, lest skilful dissemblers should thereby be
led to hope for impunity, very subtle questions might no doubt be
raised as to the degree of moral responsibility and mental sanity
attaching to the perpetrators of many atrocious acts, seeing that
they often commit them tinder temptations quite inadequate to
allure men of common prudence, or under passions so violent as to
suspend altogether the operations of reason or free will. For as
it is impossible to obtain an accurate definition of lunacy, so
it is manifestly so, to draw the line correctly between it and
its opposite rationality, or, to borrow the words of Chief
Justice Hale, (1 Hale's P. C. p. 30,) "Doubtless most persons
that are felons, of themselves and others, are under a degree of
partial insanity when they commit those offences. It is very
difficult to define the indivisible line that divides perfect and
partial, insanity; but it must rest on circumstances duly to be
weighed and considered both by the judge and jury, lest on one
side there be a kind of inhumanity towards the defects of human
nature, or on the other side too great an indulgence given to
great crimes."
LUNAR. That which belongs to the moon; relating to the moon as
a lunar month. See Month.
LUNATIC, persons. One who has had an understanding, but who, by
disease, grief, or other accident, has lost the use of his
reason. A lunatic is properly one who has had lucid intervals,
sometimes enjoying his senses, and sometimes not. 4 Co. 123; 1
Bl. Com. 304; Bac. Abr. Idiots, &c., A; 1 Russ. on Crimes, 8;
Shelf. on Lun. 4; Merlin, mot Demence; Fonbl. Eq. Index, h. t.;
15 Vin. Ab. 131; 8 Com. Dig. 721; 1 Supp. to Ves. jr. 94, 130,
369, 404; 2 Supp. to Ves. jr. 51, 106, 151, 360; 1 Vern. 9,
137, 262; Louis. Code, tit. 9, c. 1; and articles Lucid
Interval; Lunacy.
LYING IN GRANT. Incorporeal rights and things which cannot be
transferred by livery of possession, but which exist only in
idea, in contemplation of law, are said to lie in grant, and pass
by the mere delivery of the deed. Vide Grant; Livery of Seisin;
Seisin.
LYING IN WAIT. Being in ambush for the purpose of murdering
another.
2. Lying in wait is evidence of deliberation and intention.
3. Where murder is divided into degrees, as in Pennsylvania,
lying in wait is such evidence of malice, that it makes the
killing, when it takes place, murder in the first degree. Vide.
Dane's Ab. Index, h. t.
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LYNCH-LAW. A common phrase used to express the vengeance of a
mob, inflicting an injury, and committing an outrage upon a
person suspected of some offence. In England this is called
Lidford Law. Toml.L. Dict. art. Lidford Law.
Bouvier's Law Dictionary : L2 : Page 26 of 26
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