Product Description
P.

PACE. A measure of length containing two feet and a half; the geometrical pace is five feet long. The common pace is the length of a step; the geometrical is the length of two steps, or the whole space passed over by the same foot from one step to another.

PACIFICATION. The act of making peace between two countries which have been at war; the restoration of public tranquillity.

TO PACK. To deceive by false appearance; to counterfeit; to delude; as packing a jury. (q.v.) Bac. Ab. Juries, M; 12 Conn. R. 262.

PACT, civil law. An agreement made by two or more persons on the same subject in order to form some engagement, or to dissolve or modify, one already made, conventio est duorum in idem placitum consensus de re solvenda, id. est facienda vel praestanda. Dig. 2, 14; Clef des Lois Rom. h.t.; Ayl. Pand. 558; Merl, Rep. Pacte, h.t.

PACTIONS, International law. When contracts between nations are to be performed by a single act, and their execution is at an end at once, they are not called treaties, but agreements, conventions or pactions. 1 Bouv. Inst. n. 100.

PACTUM CONSTITUTAE PECUNIAE, civil law. An agreement by which a person appointed to his creditor, a certain day, or a certain time, at which he promised to pay; or it maybe defined, simply. an agreement by which a person promises a creditor to pay him. 2. When a person by this pact promises his own creditor to pay him, there arises a new obligation which does not destroy the former by which he was already bound, but which is accessory to it; and by this multiplicity of obligations the right of the creditor is strengthened. Poth. Ob. Pt. 2, c. 6, s. 9. 3. There is a striking conformity between the pactum constitutae pecuniae, as above defined, and our indebitatus assumpsit. The pactum constitutae pecuniae was a promise to pay a subsisting debt whether natural or civil; made in such a manner as not to extinguish the preceding debt, and introduced by the praetor to obviate some formal difficulties. The action of indebitatus assumpsit was brought upon a promise for the payment of a debt, it was not subject to the wager of law and other technical difficulties of the regular action of debt; but by such promise, the right to the action of debt was not extinguished nor varied. 4 Rep. 91 to 95; see 1 H. Bl. 550 to 655; Doug. 6, 7; 3 Wood. 168, 169, n. c; 1 Vin. Abr. 270; Bro. Abr. Action sur le case, pl. 7, 69, 72; Fitzh. N. B. 94, A, n. a, 145 G; 1 New Rep. 295; Bl. Rep. 850; 1 Chit. Pl. 89; Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 4, u. 388, 396.

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F.

F, punishment, English law. Formerly felons were branded and marked with a

hot iron, with this letter, on being admitted to the benefit of clergy.

FACIO UT DES. A species of contract in the civil law, which occurs when a

man agrees to perform anything for a price, either specifically mentioned or

left to the determination of the law to set a value on it. As when a servant

hires himself to his master for certain wages or an agreed sum of money. 2

Bl. Com. 445.

FACIO UT FACIAS. A species of contract in the civil law, which occurs when I

agree with a man to do his work for him if he will do mine for me. Or if two

persons agree to marry together, or to do any other positive acts on both

sides. Or it may be to forbear on one side in consideration of something

done on the other. 2 Bl. Com. 444.

FACT. An action; a thing done. It is either simple or compound.

2. A fact is simple when it expresses a purely material act unconnected

with any moral qualification; for example, to say Peter went into his house,

is to express a simple fact. A compound fact contains the materiality of the

act, and the qualification which that act has in its connexion with morals

and, the law. To say, then, that Peter has stolen a horse, is to express a

compound fact; for the fact of stealing, expresses at the same time, the

material fact of taking the horse, and of taking him with the guilty

intention of depriving the owner of his property and appropriating it to his

own use; which is a violation of the law of property.

3. Fact. is also put in opposition to law; in every case which has to

be tried there are facts to be established, and the law which bears on those

facts.


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N.

NAIL, A measure of length, equal to two inches and a quarter. Vide Measure.

NAKED. This word is used in a metaphorical sense to denote that a thing is

not complete, and for want of some quality it is either without power, or it

possesses a limited power. A naked contract, is one made without

consideration, and, for that reason, it is void; a naked authority, is one

given without any right in the agent, and wholly for the benefit of the

principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum.

NAME. One or more words used to distinguish a particular individual, as

Socrates, Benjamin Franklin.

2. The Greeks, as is well known, bore only one name, and it was one of

the especial rights of a father to choose the names for hi's children and to

alter them if he pleased. It was customary to give to the eldest son the

name of the grandfather on his father's side. The day on which children

received their names was the tenth after their birth. The tenth day, called

'denate,' was a festive day, and friends and relatives were invited to take

part in a sacrifice and a repast. If in a court of justice proofs could be

adduced that a father had held the denate, it was sufficient evidence that

be had recognized the child as his own. Smith's Diet. of Greek and Rom.

Antiq. h.v.


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Q.

QUACK. One, who, without sufficient knowledge, study or previous

preparation, and without the diploma of some college or university,

undertakes to practice medicine or surgery, under the pretence that he

possesses secrets in those arts.

2. He is criminally answerable for his unskillful practice, and also,

civilly to his patient in certain cases. Vide Mala praxis; Physician.

QUADRANS, civil law. The fourth part of the whole. Hence the heir

exquadrante; that is to say, the fourth-part of the whole.

QUADRANT. In angular measures, a quadrant is equal to ninety degrees. Vide

Measure.

QUADRIENNIUM UTILE, Scotch law. The four years of a minor between his age of

twenty-one and twenty-five years, are so called.

2. During this period he is permitted to impeach contracts made against

his interest previous to his arriving at the age of twenty-one years. Ersk.

Prin. B. 1, t. 7, n. 19; 1 Bell's Com. 135, 5th ed.; Ersk. Inst. B. 1, t. 7,

s. 35.

QUADRIPARTITE. Having four parts, or divided into four parts; as, this

indenture quadripartite made between A B, of the one part, C D, of the

second part, E P, of the third part, and G H, of the fourth part.

QUADROON. A person who is descended from a white person, and another person

who has an equal mixture of the European and African blood. 2 Bailey, 558.

Vide Mulatto.

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C.

CABALLERIA, Spanish law. A measure of land, which is different in different

provinces. Diccionario por la Real Academia. In those parts of the United

States, which formerly belonged to Spain, the caballeria is a lot of one

hundred feet front and two hundred feet deep, and equal, in all respects, to

five peonias. (q.v.) 2 White's Coll. 49; 12 Pet. 444. note. See Fanegas.

CABINET. Certain officers who taken collectively make a board; as, the

president's, cabinet, which is usually composed of the secretary of state,

secretary of the treasury, the attorney general, and some others.

2. These officers are the advisers of the president.

CADASTRE. A term derived from the French, which has been adopted in

Louisiana, and which signifies the official statement of the quantity and

value of real property in any district, made for the purpose of justly

apportioning the taxes payable on such property. 3 Am. St. Pap. 679; 12 Pet.

428, n.

CADET. A younger brother, one trained up for the army or navy.

CADI. The name of a civil magistrate among the Turks.

CALENDER. An almanac. Julius Caesar ordained that the Roman year should

consist of 365 days, except every fourth year, which should contain 366, the

additional day to be reckoned by counting the twenty-fourth day of February

(which was the 6th of the calends of March) twice. See Bissextile is period

of time exceeds the solar year by eleven minutes or thereabouts, which

amounts to the error of a day in about 131 years. In 1582, the error

amounted to eleven days or more, which was corrected by Pope Gregory. Out of

this correction grew the distinction between Old and New Style.

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T.

TABELLIO. An officer among the Romans who reduced to writing and into proper

form, agreements, contracts, wills, and other instruments, and witnessed

their execution. The term tabellio is derived from the Latin tabula, seu

tabella, which in this sense, signified those tables or plates covered with

wax which were then used instead of paper. 8 Toull. n. 5; Delauriere, sur

Ragneau, mot Notaire.

2. Tabelliones differed from notaries in many respects: they had

judicia jurisdiction in some cases, and from their judgments there were no

appeals. Notaries were then the clerks or aiders of the tabelliones, they

received the agreements of the parties, which they reduced to short notes;

and these contracts were not binding until they were written in extenso,

which was done by the tabelliones. Encyclopedie de, M. D'Alembert, mot

Tabellion; Jac. Law. Dict. Tabellion; Merlin, Repertoire, mot Notaire, Sec.

1; 3 Sec. Giannone's Istoria di Napoli, p. 86.

TABLEAU OF DISTRIBUTION. In Louisiana this is a list of creditors of an

insolvent estate, stating what each is entitled to. 4 N. S. 535.

TABLES. A synopsis in which many particulars are brought together in a

general view; as genealogical tables, which are composed of the names of

persons belonging to a family. 2 Bouv. Inst. n. 1963-4. Vide Law of the

Twelve Tables.

TABULA IN NAUFRAGIO, Eng. law. Literally a plank in a wreck. This figure has

been used to denote the condition of a third mortgagee, who obtained his

mortgage without any knowledge of a second mortgage, and then, being puisne,

takes the first encumbrance; in this case he shall squeeze out and have

satisfaction before the second. 2 Ves. 573; 2 Fonb. Eq. B. 3, c. 2, Sec. 2;

2 Ventr. 337; 1 Ch. Cas. 162; 1 Story, Eq. Sec. 414, 415; and Tacking.

TACIT. That which, although not expressed, is understood from the nature of

the thing, or from the provision of the law; implied.

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S.

SABBATH. The same as Sunday. (q.v.)

SABINIANS. A sect of lawyers, whose first chief was Atteius Capito, and the

second, Caelius Sabiaus, from whom they derived their name. Clef des Lois

Rom. h.t.

SACRAMENTUM. An oath; as, qui dicunt supra sacramentum suum.

SACQUIER, maritime law. The same of an ancient officer, whose business "was

to load and unload vessels laden with salt, corn, or fish, to prevent the

ship's crew defrauding the merchant by false tale, or cheating him of his

merchandise otherwise." Laws of Oleron, art. 11, published in an English

translation in an Appendix to 1 Pet. Adm. R. XXV. See Arrameur; Stevedore.

SACRILEGE. The act of stealing from the temples or churches dedicated to the

worship of God, articles consecrated to divine uses. Pen. Code of China, B.

1, s. 2, Sec. 6; Ayl. Par. 476.

SAEVETIA. Cruelty. (q.v.) It is required in order to constitute saevetia

that there should exist such a degree of cruelty as to endanger the party's

suffering bodily hurt. 1 Hagg. Cons. R. 85; 2 Mass. 150; 3 Mass. 821; 4

Mass. 587.


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G.

GABEL. A tax, imposition, or duty. This word is said to have the same

signification that gabelle formerly had in France. Cunn. Dict. h. t. But

this seems to be an error for gabelle signified in that country, previously

to its revolution, a duty upon salt. Merl. Rep. h. t. Lord Coke says, that

gabel or gavel, gablum, gabellum, gabelletum, galbelletum, and gavillettum

signify a rent, duty, or service, yielded or done to the king or any other

lord. Co. Litt. 142, a.

GAGE, contracts. Personal property placed by a debtor in possession of his

creditor, as a security for his debt; a pawn. (q. v.) Hence mortgage is a

dead pledge.

GAGER DEL LEY. Wager of law. (q. v.)

GAIN. The word is used as synonymous with profits. (q. v.) See Fruit.

GAINAGE, old Eng. law. It signifies the draft oxen, horses, wain, plough,

and furniture for carrying on the work of tillage by the baser sort of @soke

men and villeins, and sometimes the land itself, or the profits raised by

cultivating it. Bract. lib. 1, c. 9.

GALLON, measures. A gallon is a liquid measure, containing two hundred and

thirty-one cubic inches, or four quarts.

GALLOWS. An erection on which to bang criminals condemned to death.

GAME. Birds and beasts of a wild-nature, obtained by fowling and hunting.

Bac. Ab. h. t.; Animals; Ferae natural.

GAMING. A contract between two or more persons by which they agree to play

by certain rules at cards, dice, or other contrivance, and that one shall be

the loser, and the other the winner. When considered in itself, and without

regard to the end proposed by the player's, there is nothing in it contrary

to natural equity, and the contract will be considered as a reciprocal gift,

which the parties make of the thing played for, under certain. conditions.

2. There are some games which depend altogether upon skill, others,

upon chance, and some others are of a mixed nature. Billiards is an example

of the first; lottery of the second; and backgammon of the last.

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K.

KENTUCKY. The name of one of the new states of the United States of America.

2. This state was formerly a part of Virginia, and the latter state, by

an act of the legislature, passed December 18, 1789, "consented that the

district of Kentucky, within the jurisdiction of the said commonwealth, and

according to its actual boundaries at the time of passing the act aforesaid,

should be formed into a new state." By the act of congress of February. 4,

1791, 1 Story's L. U. S. 168, congress consented that, after the first day

of June, 1792, the district of Kentucky should be formed into a new state,

separate from and independent of the commonwealth of Virginia. And by the

second section it is enacted, that upon the aforesaid first day of June,

1792, the said new state, by the name and style of the state of Kentucky

shall be received and admitted into the Union, as a new and entire member of

the United States of America.

3. The constitution of this state was adopted August 17, 1799. The

powers of the government are divided into three distinct departments, and

each of them is confided to a separate body of magistracy, to wit: those

which are legislative, to one; those which are executive, to another; and

those which are judicial, to another.

4.-1. The legislative power is vested in two distinct branches; the

one styled the house of representatives, and the other the senate; and both

together, the general assembly of the commonwealth of Kentucky. 1. The house

of representatives is elected yearly, and consists of not less than fifty-

eight, nor more than one hundred members. 2. The members of the senate are

elected for four years. The senate consists of twenty-four members, at

least, and for every three members above fifty-eight which shall be added to

the house of representatives, one member shall be added to the senate.


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Special bail is an undertaking by one or more persons for another,

before some officer or court properly authorized for that purpose, that he

shall appear at a certain time and place, to answer a certain charge to be

exhibited against him. The essential qualification to enable a person to

become bail, are that he must be, 1. a freeholder or housekeeper; 2. liable

to the ordinary process of the court 3. capable of entering into a contract;

and 4. able to pay the amount for which he becomes responsible.

1. He must be a freeholder or housekeeper. (q. v.) 2 Chit. R. 96; 5

Taunt. 174; Lofft, 148 3 Petersd. Ab. 104.

2. He must be subject to the ordinary process of the court; and a

person privileged from arrest, either permanently or temporarily, will not

be taken. 4 Taunt. 249; 1 D. & R. 127; 2 Marsh. 232.

3. He must be competent to enter into a contract; a feme covert, an

infant, or a person non compos mentis, cannot therefore become bail.

4. He must be able to pay the amount for which he becomes responsible.

But it is immaterial whether his property consists of real or personal

estate, provided it be his own, in his own right; 3 Peterd. Ab. 196; 2 Chit.

Rep. 97; 11 Price, 158; and be liable to the ordinary process of the law; 4

Burr. 2526; though this rule is not invariably adhered to, for when part of

the property consisted of a ship, shortly expected, bail was permitted to

justify in respect of such property. 1 Chit. R. 286, n. As to the persons

who cannot be received because they are not responsible, see 1 Chit. R. 9,

116; 2 Chit. R. 77, 8; Lofft, 72, 184; 3 Petersd. Ab. 112; 1 Chit. R. 309,


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L.

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

prejudice, 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 pendancy 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 Hen. & 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. \


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D.

DAM. A construction of wood, stone, or other materials, made across a stream

of water for the purpose of confining it; a mole.

2. The owner of a stream not navigable, may erect a dam across it, and

employ the water in any reasonable manner, either for his use or pleasure,

so as not to destroy or render useless, materially diminish, or affect the

application of the water by the proprietors below on the stream. He must not

shut the gates of his dams and detain the water unreasonably, nor let it off

in unusual quantities to the annoyance of his neighbors. 4 Dall. 211; 3

Caines, 207; 13 Mass. 420; 3 Pick, 268; 2 N. H. Rep. 532; 17 John. 306; 3

John. Ch. Rep. 282; 3 Rawle, 256; 2 Conn. Rep. 584; 5 Pick. 199; 20 John.

90; 1 Pick. 180; 4 Id. 460; 2 Binn. 475; 14 Serg. & Rawle, 71; Id. 9; 13

John. 212; 1 McCord, 580; 3 N. H. Rep. 321; 1 Halst. R. 1; 3 Kents Com. 354.

3. When one side of the stream is owned by one person and the other by

another, neither, without the consent of the other, can build a dam which

extends beyond the filum aqua, thread of the river, without committing a

trespass. Cro. Eliz. 269; 12 Mass. 211; Ang. on W. C. 14, 104, 141; vide

Lois des Bat. P. 1, c. 3, s. 1, a. 3; Poth. Traite du Contrat de Societe,

second app. 236; Hill. Ab. Index, h.t.; 7 Cowen, R. 266; 2 Watts, R. 327; 3

Rawle, R. 90; 17 Mass. R. 289; 5 Pick. R. 175; 4 Mass. R. 401. Vide

Inundation.

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Y.

YARD. A measure of length, containing three feet, or thirty-six inches.

YARD, estates. A piece of land enclosed for the use and accommodation of the

inhabitants of a house. In England it is nearly synonymous with backside.

(q.v.) 1 Chitty, Pr. 176; 1 T. R. 701.

from The Constitution Society web site at http://www.constitution.org/bouv Included here with permission. YARDLAND, old Eng. law. A quantity of land containing twenty acres. Co.

Litt. 69 a.

YEAR. The period in which the revolution of the earth round the sun, and the

accompanying changes in the order of nature, are completed.

2. The civil year differs from the astronomical, the latter being

composed of 365 days, 5 hours, 48 seconds and a fraction, while the former

consists, sometimes of three hundred and sixty-five days, and at others, in

leap years, of three hundred and sixty-six days.

3. The year is divided into half-year which consists, according to Co.

Litt. 135 b, of 182 days; and quarter of a year, which consists of 91 days,

Ibid. and 2 Roll. Ab. 521, 1. 40. It is further divided into twelve months.

4. The civil year commences immediately after twelve o'clock at night

of the thirty-first day of December, that is the first moment of the first

day of January, and ends at midnight of the thirty-first day of December,

twelve mouths thereafter. Vide Com. Dig. Ann.; 2 Bl. Com. by Chitty, 140,

n.; Chitt. Pr. Index tit. Time alteration of the calendar (q.v.) from old to

new style in England, (see Bissextile,) and the colonies of that country in

America, the year in chronological reckoning was supposed to commence with

the first day of January, although the legal year did not commence until

March 25th, the intermediate time being doubly indicated: thus February 15,

1724, and so on. This mode of reckoning was altered by the statute 24 Geo.

II. cap. 23, which gave rise to an act of assembly of Pennsylvania, passed

March 11, 1752; 1 Sm. Laws, 217, conforming thereto, and also to the repeal

of the act of 1710.

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W.

WADSET, Scotch law. A right, by which lands, or other heritable subjects,

are impignorated by the proprietor to his creditor in security of his debt;

and, like other heritable rights, is perfected by seisin.

2. Wadsets, by the present practice, are commonly made out in the form

of mutual contracts, in which one party sells the land, and the other

grants, the right of reversion. Ersk. Pr. L. Scot., B. 2, t. 8, s. 1, 2.

3. Wadsets are proper or improper. Proper, where the use of the land

shall go for the use of the money. Improper, where the reverser agrees to

make up the deficiency; and where it amounts to more, the surplus profit of

the land is applied to the extinction of the principal. Id. B. 2, t. 8, s.

12, 13.

WADSETTER, Scotch law. A creditor to whom a wadset is made.

TO WAGE, contracts. To give a pledge or security for the performance of

anything; as to wage or gage deliverance; to wage law, &c. Co. Litt. 294.

This word is but little used.

WAGER OF BATTEL. A superstitious mode of trial which till lately disgraced

the English law.

2. The last case of this kind was commenced in the year 1817, but not

proceeded in to judgment; and at the next session of the British parliament

an act was passed to abolish appeals of murder, treason, felony or other

offences, and wager of battel, or joining issue or trial by battel in writs

of right. 59 Geo. III. c. 46. For the history of this species of trial the

reader is referred to 4 Bl. Com. 347; 3 Bl. Com. 337; Encyclopedie, Gage de

Bataille; Steph. Pl. 122, and App. note 35.


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R.

RACK, punishments. An engine with which to torture a supposed criminal, in

order to extort a confession of his supposed crime, and the names of his

supposed accomplices. Unknown in the United States.

2. This instrument, known by the nickname of the Duke of Exeter's

daughter, was in use in England. Barr. on the Stat. 866 12 S. & R. 227.

BACK RENT, Eng. law. The full extended value of land let by lease, payable

by tenant for life or Years. Wood's Inst. 192.

RADOUB, French law. This word designates the repairs made to a ship, and a

fresh supply of furniture and victuals, munitions and other provisions

required for the voyage. Pard. n. 602.

RAILWAY. A road made with iron rails or other suitable materials.

2. Railways are to be constructed and used as directed by the

legislative acts creating them.

3. In general, a railroad company may take lands for the purpose of

making a road when authorized by the charter, by paying a just value for the

same. 8 S. & M. 649.

4. For most purposes a railroad is a public highway, but it may be the

subject of private property, and it has been held that it may be sold as

such, unless the sale be forbidden by the legislature; not the franchise,

but the land constituting the road. 5 Iredell, 297. In. general, however,

the public can only have a right of way for it is not essential that the

public should enjoy the land itself, namely, its treasures, minerals, and

the like, as these would add nothing to the convenience of the public.

5. Railroad companies, like all other principals, are liable for the

acts of their agents, while in their employ, but they can not be made

responsible for accidents which could not be avoided. 2 Iredell, 234; 2

McMullan, 403.


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E.

E CONVERSO. On the other side or hand; on the contrary.

E PLURIBUS UNUM. One from more. The motto of the arms of the United States.

EAGLE, money. A gold coin of the United States, of the value of ten dollars.

It weighs two hundred and fifty-eight grains. Of one thousand parts, nine

hundred are of pure gold, and one hundred of all Act of January 18, 1837, 4

Sharsw. Cont. of Story's L. U. S. 2523, 4. Vide Money.

EAR-WITNESS. One who attests to things he has heard himself.

EARL, Eng. law. A title of nobility next below a marquis and above a

viscount.

2. Earls were anciently called comites, because they were wont comitari

regem, to wait upon the king for counsel and advice. He was also called

shireman, because each earl had the civil government of a shire.

3. After the Norman conquest they were called counts, whence the shires

obtained the names of counties. They have now nothing to do with the

government of counties, which has entirely devolved on the sheriff, the

earl's deputy, or vice comes.

EARLDOM. The seigniory of an earl; the title and dignity of an earl.

EARNEST, contracts. The payment of a part of the price of goods sold, or the

delivery of part of such goods, for the purpose of binding the contract.


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To the difficulties which the author experienced on his admission to the

bar, the present publication is to be attributed. His endeavours to get

forward in his profession were constantly obstructed, and his efforts for a

long time frustrated, for want of that knowledge which his elder brethren of

the bar seemed to possess. To find among the reports and the various

treatises on the law the object of his inquiry, was a difficult task; he was

in a labyrinth without a guide: and much of the time which was spent in

finding his way out, might, with the friendly assistance of one who was

acquainted with the construction of the edifice, have been saved, and more

profitably employed. He applied to law dictionaries and digests within his

reach, in the hope of being directed to the source whence they derived their

learning, but be was too often disappointed; they seldom pointed out the

authorities where the object of his inquiry might be found. It is true such

works contain a great mass of information, but from the manner in which they

have been compiled, they sometimes embarrassed him more than if he had not

consulted them.

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Product Description
U.

UBERRIMA FIDES. Perfect good faith; abundant good faith.

2. This phrase is used to express that a contract must be made in

perfect good faith, concealing nothing; as in the case of insurance, the

insured must observe the most perfect good faith towards the insurer. 1

Story, Eq. Jur. Sec. 317; 3 Kent, Com. 283, 4th ed.

UKAAS, or UKASE. The name of a law or ordinance emanating from the czar of

Russia.

ULLAGE, com. law. When a cask is gauged, what it wants of being full is

called ullage.

ULTIMATUM. The last proposition made in making a contract, a treaty, and the

like; as, the government of the United States has given its ultimatum, has

made the last proposition it will make to complete the proposed treaty. The

word also means the result of a negotiation, and it comprises the final

determination of the parties concerned in the object in dispute.

ULTIMUM SUPPLICIUM. The last or extreme punishment; the penalty of death.

ULTIMUS HAERES. The last or remote heir; the lord. So called in

contradistinction to the haeredes proximus, (q.v.) and the haeredes

remotiores. (q.v.) Dalr Feud. Pr. 110.

UMPIRAGE. The decision of an umpire. This word is used for the judgment of

an umpire, as the word award is employed to designate that of arbitrators.

UMPIRE. A person selected by two or more arbitrators. When they are

authorize to do so by the submission of the parties, and they cannot agree

as to the subject-matter referred to them, whose duty it is to decide the

matter in dispute. Sometimes the term is applied to a single arbitrator,

selected by the parties themselves. Kyd on Awards, 6, 75, 77 Caldw. on Arb.

38; Dane's Ab. Index, h.t.; 3 Vin. Ab. 93; Com. Dig. Arbitrament, F; 4 Dall.

271, 432; 4 Sco. N. S. 378; Bouv. Inst. Index, h.t.

UNA VOCE. With one voice unanimously.


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M.

M. When persons were convicted of manslaughter in England, they were formerly marked with this letter on the brawn of the thumb. 2. This letter is sometimes put on the face of treasury notes of the United States, and signifies that the treasury note bears interest at the rate of one mill per centum, and not one per centum interest. 13 Peters, 176.

MACE-BEARER, Eng. law. An officer attending the court of session.

MACEDONIAN DECREE, civil law. A decree of the Roman senate, which derived its name from that of a certain usurer who was the cause of its being made, in consequence of his exactions. It was intended to protect sons who lived under the paternal jurisdiction, from the unconscionable contracts which they sometimes made on the expectations after their fathers' deaths; another, and perhaps, the principle object, was to cast odium on the rapacious creditors. It declared such contracts void. Dig. 14, 6, 1; Domat, Lois, Civ. liv. 1, tit. 6, Sec. 4; Fonb. Eq. B. 1, c. 2, Sec. 12, note. Vide Catching bargain; Post obit.

MACHINATION. The act by which some plot or conspiracy is set on foot.

MACHINE. A contrivance which serves to apply or regulate moving power; or it is a tool more or less complicated, which is used to render useful natural instruments, Clef. des Lois Rom. h.t. 2. The act of congress gives to inventors the right to obtain a patent right for any new and useful improvement on any art, machine, manufacture, &c. Act of congress, July 4, 1836, s. 6. See Pet. C. C. 394; 3 Wash. C. C. 443; 1 Wash. C. C. 108; 1 Wash. C. C. 168; 1 Mason, 447; Paine, 300; 4 Wash. C. C. 538; 1 How. U. S., 202; S. C. 17 Pet. 228; 2 McLean, 176.

MADE KNOWN. These words are used as a return to a scire facias, when it has been served on the defendant.

MAGISTER. A master, a ruler, one whose learning and position makes him superior to others, thus: one who has attained to a high degree, or eminence, in science and literature, is called a master; as, master of arts.

MAGISTER AD FACULTATES, Eng. eccl. law. The title of an officer who grants dispensations; as, to marry, to eat flesh on days prohibited, and the like. Bac. Ab. Eccl. Courts, A 5.


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