Lat. In the Roman law. Law; a law; the law. This term was often used as the synonym of jus, in the sense of a rule of civil conduct authoritatively prescribed for the government of the actions of the members of an organized jural society.
In a more limited and particular sense, it was a resolution adopted by the whole Roman "populus" (patricians and pleblans) in the comitia, on the motion of a magistrate of senatorial rank, as a consul, a praetor, or a dictator. Such a statute frequently took the name of tbe proposer; as the lew Falcidia, lew Cornelia, etc
-Lex Sbntia. A statute which introduced and authorised new and more simple methods of instituting actions at law.-Lex iElia Sentia.
The ASlian Sentian law, respecting wills, proposed by the consuls iElius and Sen this, and passed A. U. C. 756, restraining a master from manumitting his slaves in certain cases. Calvin. -Lex 2Smilia. A law which reduced the official term of the censors at Rome from five years to a year and a half, and provided for the discharge of their peculiar functions by the consuls in the interim until the time for a new census. Mackeld. Rom. Law, s 29.-Lex agra-ria. The agrarian law. A law proposed by Tiberius Gracchus, A. U. C. 620, that no one should possess more than five hundred acres of land: and that three commissioners should be appointed to divide among the poorer people what any one had above that extent.-Lex An-astasiana. A law which provided that a third person who purchased a claim or debt for less than its true or nominal value should not be permitted to recover from the debtor more than the price paid with lawful interest. Mackeld. Rom. Law, ? 369.-Lex Apnleja. A Inw giving to one of several joint sureties or guarantors, who had paid more than his proportion of the debt secured, a right of action for reimbursement against his co-sureties as if a partnership existed between them. See Mackeld. Rom. Law, ? 454. note 2.-Lex Aqnilia. The Aquilian law; a celebrated law passed on the proposition of the tribune C Aquilius Gallus, A. U. C. 672, regulating the compensation to be made for that kind of damage called "injurious," in the cases of killing or wounding the slave or beast of another. Inst 4, 8; Calvin.-Lex Atilia. The Atilian law; a law of Rome proposed by the tribune L. Atilius Regulus, A. U. C. 443, regulating the appointment of guardians. -Lex Atinia. The Atinian law; a law declaring that the property in things stolen should not be acquired by prescription, (usucapione.) Inst 2, 6, 2; Adams, Rom. Ant 207.-Lex Calpnmia. A law relating to the form and prosecution of actions for the recovery of specific chattels other than money. See Mackeld. Rom. Law, | 203.-Lex Cineia. A law pro-, hibiting gifts or donations of property beyond a' certain measure, except in the case of near kinsmen.-Lex Clandia. A 'law which abolished the ancient guardianship of adult women by their male agnate relations. See Mackeld. Rom. Law, ? 615.-Lex Cornelia. The Cornelian law; a law passed by the dictator L. Cornelius Sylla, providing remedies for certain injuries, as for battery, forcible entry of another's house, etc. Calvin.-Lex Cornelia de falso. The Cornelian law respecting forgery or counterfeit-, ing. Passed by the dictator Sylla. Dig. 48, 10; Calvin.-Lex Cornelia de sioariis et Tenenei*. The Cornelian law respecting assassins and poisoners. Passed by the dictator Sylla Die. 48, 8; Calvin.-Lex Falcidia. The Falcidian law; a law passed on the motion of the tribune P. Falcidius, A. U. C. 713, for-, bidding a testator to give more in legacies than three-fourths of all his estate, or, in other words, requiring him to leave at least one-fourth to the heir. Inst. 2, 22; Heinecc Elem. lib. 2, tit 22.-Lex Furia Caninia. The Furian Caninian law; a law passed in the consulship of P. Furius Camillus and C. Caninius Gallus, A. U. C. 752, prohibiting masters from manumitting by will more than a certain number or proportion of their slaves. This law was abrogated by Justinian. Inst 1, 7; Heinecc. Elem. lib. 1, tit 7.-Lex Gennela. A law which entirely forbade the charging or taking of interest for the use of money among Roman citizens, but which was usually and easily evaded, as it did not declare an agreement for interest to be a nullity. See Mackeld. Rom. Law, 382.- Lex Horatli. An important constitutional statute, taking its name from the consul who secured its enactment to the effect that all decrees passed in the meetings of the plebians should be laws for the whole people; formerly they were binding only on tbe plebians. Mackeld. Rom. Law, ? 32.-Lex nostllla da fnr-
tis. A Roman law, which provided that a prosecution for theft might be carried on without the owner's intervention. 4 Steph. Comm. (7th Ed.) 118.-Lex Jnlia. Several statutes bore this name, being distinguished by the addition of words descriptive of their subject matter. The "le Julia de adultsriis" related to marriage, dower, and kindred subjects. Tbe "lew Julia de cessione bonorum" related to bankruptcies.-Lex Jnlia majes tails. The Julian law of majesty; a law promulgated by Julius Ceesar, and again published with additions by Augustus, comprehending all the laws before enacted to punish transgressors against the state. Calvin.-Lax Papia Poppssa. The Papian Poppamn law; a law proposed by the consuls Papius and Poppaeus at the desire of Augustus, A. U. C. 762, enlarging the Lex Pretoria, (q. v.) Inst. 3, 8, 2.-Lex Fls&toria. A law designed for the protection of minors against frauds and allowing them in certain cases to apply for the appointment of a guardian.
In a somewhat wider and more generic sense, a law (whatever its origin) or the aggregate of laws, relating to a particular subject-matter, thus corresponding to the meaning of the word "law" In some modern phrases, such as the "law of evidence," "law of wills," etc.
-Lex eommissoria. A law by which a debtor and creditor might agree (where a thing had been pledged to the latter to secure the debt) that, if the debtor did not pay at the day, the pledge should become the absolute property of the creditor. 2 Kent. Comm. 583. This was abolished by a law of Constantine. A law according to which a seller might stipulate that, if the price of the thing sold were not paid within a certain time, the sale should be void. Dig. 18, 3.-Lex regia. The royal or imperial law. A law enacted (or supposed or claimed to have been enacted) by the Roman people, constituting the emperor a source of law, conferring the legislative power upon him, and according the force and obligation of law to the expression of his mere will or pleasure. See Inst. 1, 2. 6; Gaius, 1, 5; Mackeld. Rom. Law, ?46; Heinecc. Rom. Ant. 1. 1, tit. 2, 62-67; 1 Kent, Comm. 544, note.-Lex Pretoria. The praetorian law. A law by which every freedman who made a will was commanded to leave a moiety to his patron. Inst. 3, 8, 1. The term has been applied to the rules that govern in a court of equity. Gilb. Ch. pt 2.
Other specific meanings of the word in Roman jurisprudence were as follows: Positive law, as opposed to natural. That system of law which descended from the Twelve Tables, and formed the basis of all the Roman law. The terms of a private covenant; the condition of an obligation. A form of words prescribed to be used upon particular occasions.
In medieval jurisprudence. A body or collection of various laws peculiar to a given nation or people; not a code in the modern sense, but an aggregation or collection of laws not codified or systematized. See Mack-' eld. Rom. Law, s 98. Also a similar collection of laws relating to a general subject, and not peculiar to any one people.
-Lex Alamannornm." The law of the Ale-man ni ; first reduced to writing from the customs of the country, by Theodoric, king of the Franks, A. D. 512. Amended and re-enacted by Clotaire II. Spelman.-Lex Baiwrarioram, aioriornm, or Boiornm.) The law of the varians. a barbarous nation of Europe, first collected (together with the law of the Franks and Alemanni) by Theodoric I., and finally completed and promulgated by Dagobert. Spelman. -Lex barbara. The barbarian law. The laws of those nations that were not subject to the Roman empire were so called. Spelman. -Lex Brehonla. The Brehon or Irish law, overthrown by King John. See BBEHON LAW. -Lex Bretoise. The law of the ancient Britons, or Marches of Wales. Cowell.-Lex Bur-gundionum. The law of the Burgundians, a barbarous nation of Europe, first compiled and published by Gundebald, one of the last of their kings, about A. D. 500. Spelman.-Lex Dan-ornm. The law of the Danes; Dane-law or Dane-lage. Spelman.-Lex Franeornm. The law of the Franks; promulgated by Theodoric L, son of Clovis I., at the same time with the law of the Alemanni and Bavarians. Spelman. This was a different, collection from the Salic law.-Lex Frisionnm. The law of the Frisians, promulgated about the middle of the eighth century. Spelman.-Lex Gotbiea. The Gothic law, or law of the Goths. First promulgated in writing, A. D. 466. Spelman.-Lex Long* obardorum. The law of the Lombards. The name of an ancient code of laws among that people, framed, probably, between the fifth and eighth centuries. It continued in force after the incorporation of Lombardy into the empire of Charlemagne, and traces of its laws and institutions are said to be still discoverable in some parts of Italy.-Lex mereatoria. The law-merchant. That system of laws' which is adopted by all commercial nations, and constitutes a part of the law of the land.-Lex Rhodla. The Rhodian law, particularly the fragment of it on the subject of jettison, (de facta,) preserved in the Pandects. Dig. 14, 2, 1; 3 Kent. Comm. 232, 233.-Lex Saliea. The Salic law, or law of the Salian Franks, a Teutonic race who settled in Gaul in the nfth century. This ancient code, said to have been compiled about the year 420, embraced the laws and customs of that people, and is of great historical value, in connection with the origins of feudalism and similar subjects. Its most celebrated provision was one which excluded women from the inheritance of landed estates, by an extension of which law females were always excluded from succession to the crown of France. Hence this provision, by itself, is often referred to as the "Salic Law."-Lex talionis. The law of retaliation; which requires the infliction upon a wrongdoer of the same injury which he has caused to another. Expressed in the Mosaic law by the formula, "an eye for an eye; a tooth for a tooth," etc. In modern international law, the term describes the rule by which one state may inflict upon the citizens of another state death, imprisonment, or other hardship, in retaliation for similar injuries imposed upon its own citizens.-Lex Wallensica. The Welsh law; the law of Wales. Blount.-Lex Wisigo-tbornm. The law of the Visigoths, or Western Goths who settled in Spain; first reduced to writing A. D. 466. A revision of these laws was made by Egigas. Spelman.
In old English law. A body or collection of laws, and particularly the Roman or civil law. Also a form or mode of trial or process of law, as the ordeal or battel, or the oath of a party with compurgators, as In the phrases legem faeere, legem vadiare, etc. Also used in the sense of legal rights or civil rights or the protection of the law, as in tbe phrase legem amittere.
-Lex Anglise. The law of England. The common law. Or, the curtesy of England.-Lex amina. One who is an infamous, perjured, or outlawed person. Bract, lib. 4, c. 19.-Lex apostata. A thing contrary to law. Jacob. -Lex apparent. In old English and Norman law. Apparent or manifest law. A term used to denote the trial by battel or duel, and the trial by ordeal, "lest" having the sense of process ot law. Called "apparent" because the plaintiff was obliged to make his right clear by the testimony of witnesses, before he could obtain an order from the court to summon the defendant. Spelman.-Lex eomitatns. The law of the county, or that administered in the county court before the earl or his deputy. Spelman. -Lex communis. The common law. See Jus COMMUNE.-Lex deraisnia. The proof of a thine which one denies to be done by him, where another affirms it; defeating the assertion of his adversary, and showing it be against reason or probability. This was used among the old Romans, as well as the Normans. Cowell.-Lex et eonsnetndo parliament!. The law and custom (or usage) of parliament. The houses of parliament constitute a court not only of legislation, but also of justice, and have their own rules, by which the court itself "and the suitors therein are governed. May, Pari. Pr. (6th Ed.) 38-01.-Lex et eonsnetndo regni. The law and custom of the realm. One of the names of the common law. Hale, Com. Lawr 521-Lex imperatorla. The Imperial or Roman law. Quoted under this name, by Fleta, lib. 1, c. 38, | 15; Id. lib. 3, c. 10, 3.-Lex judicial. An ordeal.-Lex manifesta. Manifest or open law; the trial by duel or ordeal. The same with lex apparent, (q. v.) In King John's charter (chapter 38) and the articles of that charter (chapter 28) the word "manifestam" is omitted. -Lex non scripta. The unwritten or com- t mon law, which includes general and particular customs, and particular local laws.-Lex sae-rameatalis. Purgation by oath.-Lex serip-ta. Written law; law deriving its force, not from usage, but from express legislative enactment; statute law. 1 Bl. Comm. 62, 85.-Lex terrse. The law of the land. The common law, or the due course of the common law: the general law of the land. Bract, fol. 176. Equivalent to "due process of law." In the strictest sense, trial by oath; the privilege of making oath. Bracton uses the phrase to denote a freeman's privilege of being sworn in court as a iuror or witness, which jurors convicted of perjury forfeited, (legem terras amittant.) Bract fol. 2926.
In modern American and English jn- * risprudenoe. A system or body of laws, written or unwritten, or so much thereof as may be applicable to a particular case or question, considered as being local or peculiar to a given state, country, or jurisdiction, or as being different from the laws or rules relating to the same subject-matter which prevail in some other place.
-Lex domicilii. The law of the domicile. 2 Kent Comm. 112, 433.-Lex fori. The law of the forum, or court: that is, the positive law of the state, country, or jurisdiction of whose judicial system the court where the suit is brought or remedy sought is an integral part. "Remedies upon contracts and their incidents are regulated and pursued according to the law of the place where the action is instituted, and the lex loci has no application." 2 Kent, Comm. 462. "The remedies are to be governed by the laws of the country where the suit is brought; or, as it is comoendionsly expressed, by the lex fori." Bank of United States v. Don-nally, 8 Pet. 361, 372, 8 L. Ed. 974. "So far as the law aflfects the remedy, the lex fori, the law of the place where that remedy is sought must govern. But, so far as the law of the construction, the legal operation and effect, of the contract is concerned, it is governed by the law of the place where the contract is made." Warren v. Copelin. 4 Mete. (Mass.) 594, 597. See LEX Loci CONTRACTUS.-Lex looL The law of the place. This may be of the following several descriptions: Lew loci contractus, the law of the place where the contract was made or to be performed: lex loci actus, the law of the place where the act was done; lex loci rei sitx, the law of the place where the subject-matter is situated; lex loci domicilii, the law of the place of domicile.-Lex loei oontraotns. The law of the place of the contract The local law which governs as to the nature, construction, and validity of a contract. See Pritchard v. Norton. 106 TJ. S. 124, 1 Sup. Ct. 102. 27 L. Ed. 104; Gibson v. Connecticut F. Ins. Co. (C. C.) 77 Fed. 565.-Lex loei delictus. The law of the place where the crime took place.-Lex loei rei sitss. The law of the place where a thing is situated. "It is equally settled in the law of all civilized countries that real property, as to its tenure, mode of enjoyment, transfer, and descent is to be regulated by the lex loci rei sita." 2 Kent, Comm. 429.-Lex loei solutionis. The law of the place of solution; the law of the place where payment or performance of a contract is to be made.-Lex ordinandi. The same as lex fori, (q. v.)-Lex rei sitse. The law of the place of situation of the thing.-Lex situs. Modern law Latin for "the law of the place where property is situated." The general rule is that lands and other immovables are governed by the lex situs; i. e., by, the law of the country in which they are situated. Westl. Priv. Int. Law, 62.
Lex sequitate gandet. Law delights in equity. Jenk. Cent p. 36, case 69.
Lex aliquando sequitur sequitatem.
Law sometimes follows equity. 3 Wils. 119.
Lex Anglian est lex miserioordise. 2
Inst. 315. The law of England is a law of mercy.
Lex Angl!an non patitnr absurdum. 9
Coke, 22a. The law of England does not suffer an absurdity. ,
Lex AngHs* nunquam matris sed semper patris eonditlonem imitari partnm' judioat. Co. Litt. 123. The law of England" rules that the offspring shall always follow the condition of the father, never that of the mother.
Lex AngHs" nunquam sine parilamento mutari potest. 2 Inst. 218. The law of England cannot be changed o bub 4by parliament ?
Lex beneneialis rei oonsimili : prsBstat. 2 Inst 689. A beneficial law affords a remedy for a similar ease* ". - r?
Lex eitins tolerare rait privatum dam-'<. num. qnam publicum malum. The law will o more readily tolerate a private loss than a public evil. Co. Litt 152.
Lex oontra id qnod prsesumit, proba-tionem non reoipit. The law admits no proof against that which it presumes. Lofft, 573.
Lex de f ntnro, Judex de prseterito. The
law provides for the future, the judge for : the past.
Lex defloere non potest in jnstitia ex-hibenda. Co. Litt. 197. The law cannot be defective in dispensing justice.
Lex dilationes semper exhorret. 2
Inst 240. The law always abhors delays.
Lex est ab seterno. Law is from everlasting. A strong expression to denote the remote antiquity of the law. Jenk. Cent. p. 34, case 66.
Lex est dictamen rationis. Law Is the
dictate of reason. Jenk. Cent p. 117, case 33. The common law will judge according to the law of nature and the public good.
Lex est norma recti. Law is a rule of right. Branch, Princ.
Lex est ratio summa, quse jnbet qnss snnt ntilia ot neeessaria, et eontraria prohibet. Law is the perfection of reason, which commands what is useful and necessary, and forbids the contrary. Co. Litt 319b; Id. 97b.
Lex est sanetio sancta, jnbens nonesta, et prohibens eontraria. Law is a sacred sanction, commanding what is right, and prohibiting the contrary. 2 Inst 587.
Lex est tutissima oassis; snb olypeo lexis nemo decipitnr. Law is the safest helmet; under the shield of the law no one is deceived. 2 Inst. 56.
Lex favet doti. Jenk. Cent. 50. The law favors dower.
Lax fingit nbi snbsistit sequitas. 11
Coke, 90. The law makes use of a fiction where equity subsists.
Lax intendit vieinnm vioini faota scire.
The law intends [or presumes] that one neighbor knows what another neighbor does. Co. Litt 78b;
Lex judicat do. rebus neoeasario faoi-endis qnasi re ipsa faetis. The law judges of things which must necessarily be done as if. actually done. Branch, Princ.
Lex necessitatis est lex temporis; i. e., instantis. The law of necessity is the law of the time; that is, of the instant, or present moment Hob. 159.
Lex neminem eogit ad Tana sen in-ntilia peragenda. The law compels no one to do vain or useless things. Co. Litt 1976; Broom, Max. 252; 5 Coke, 21a.
Lex neminem eogit ostendere qnod nesdre prsesumitur. Lofft, 569. The law compels no one to show that which he is presumed not to know.
Lex nemini faoit injuriam. The law
does injury to no one. Branch, Princ,
Lex nemini operatnr iniqnnm. The
law works injustice to no one. Jenk. Cent, p. 18, case 33.
Lex nil faeit frustra. The law does nothing in vain. Jenk. Cent. p. 12, case 19; Broom, Max. 252; 1 Ventr. 417.
Lex nil frustra jnbet. The law commands nothing vainly. 3 Bulst. 280.
Lex non a rege est violanda. Jenk. Cent 7. The law is not to be violated by the king.
Lax non eogit ad impossibilia. The law
does not compel the doing of impossibilities. Broom, Max. 242; Hob. 96.
Lax mon enrat de minimis. Hob. 88 The law cares not about trifles..
Lex non deficit in jnstitia exhibenda.
The law does not fail In showing justice. Jenk. Cent p. 81, case 6L
Lex non exacts deflnit, sed arbitrio boni viri permittit. The law does not define exactly, but trusts in the judgment of a good man. Bissell v. Briggs, 9 Mass. 475, 6 Am. Dec. 88.
Lex non favet delioatorum votis. The
law favors not the wishes of the dainty. Broom, Max. 879; 9 Coke, 5a
Lex non intendit aliquid imposaibile. The law does not intend anything impossible. 12 Coke, 89a. For otherwise the law should not be of any effect
Lex mon patitnr fr actiones ot drrisi-ones statuum. The law does not suffer fractions and divisions of estates. Branch, Princ; 1 Coke, 87a.
Lex non ' prsecipit inutilia, quia inn* tills labor stultus. Co. Litt 197. The law commands not useless things, because useless labor is foolish.
Lex non requirit Torinoari qnod ap-paret curiae. The law does not require that to he verified [or proved] which is apparent tq the court 9 Coke, 546.
Lex plus laudatnr quando ratione pro-batnr. The law is the more praised when it is approved by reason. Broom, Max. 159.
Lex posterior derogat priori. A later
statute takes away the effect of a prior one. But the later statute must either expressly repeal, or be manifestly repugnant to, the earlier one. Broom, Max. 29; Mackeld. Rom. Law, f 7.
Lex prospicit, non respieit. Jenk. Cent 284. The law looks forward, not backward.
Lex punit mendaoium. The law punishes falsehood. Jenk. Cent p. 15, case 26.
Lex rejlelt superflua, pugnantia, in-oongrna. Jenk. Cent 133. The law rejects superfluous, contradictory, and incongruous things.
Lex reprobat moram. Jenk. Cent 3& The law dislikes delay.
Lex respieit sequitatem. Co. litt 246. The law pays regard to equity.
Lex scripts el oesset, id enstodlri oportet qnod moribus et eonsnetndine induetum est; et, si qua in re hoe de-feeerit, tnno id qnod proximum et eon-seqnons ei est; et, si id non appareat, tnno jns qno nrbs Bom an a ntitnr servari oportet. 7 Coke, 19. If tbe written law be silent, that which is drawn from manners and custom ought to be observed; and, if that is in any manner defective, then that which is next and analogous to it; and, if that does not appear, then the law which Rome uses should be followed. This maxim of Lord Coke is so far followed at the present day that, In cases where there is no precedent of the English courts, the civil law is always heard with respect, and often, though not necessarily, followed. Wharton.
Lex semper dabit remedlnm. The*law will always give a remedy. Branch, Princ; Broom, Max. 192.
Lex semper intendit qnod oonvenit ra-tioni. Co. Litt. 78b. The law always intends what is agreeable to reason.
Lex speotat naturse ordinem. The law
regards the order of nature. Co. Litt 197b.
Lex sneenrrit ignoranti. Jenk. Cent 15. The law assists the ignorant
Lax sneenrrit minoribns. The law aids minors. Jenk. Cent p. 51, case 97.
Lex nno ore omnes alloqnitnr. The law
addresses all with one [the same] mouth or voice. 2 Inst 184.
Lex -viaUantibus, non dormientibus, snbrenit. Law assists the wakeful, not the sleeping. 1 Story, Cont | 529.
Less...