Legal Term Dictionary

A proper lookout on a vessel is some one in a favorable position to see, stationed near enough to the helmsman to communicate with him, and to receive communications from him, and exclusively employed in watching the movements of vessels which they are meeting or about to pass. The Genesee More...

A proper lookout on a vessel is some one in a favorable position to see, stationed near enough to the helmsman to communicate with him, and to receive communications from him, and exclusively employed in watching the movements of vessels which they are meeting or about to pass. The Genesee Chief v. Fitzhugh, 12 How. 462, 13 L. Ed. 1058. Less...

A right in the inhabitants of a parish within a manor, in England, to lop for fuel, at certain periods of the year, the branches of trees growing upon the waste lands of the manor. Sweet.

A right in the inhabitants of a parish within a manor, in England, to lop for fuel, at certain periods of the year, the branches of trees growing upon the waste lands of the manor. Sweet. Less...

Lat. A colloquy; talk. In old English law, this term denoted the oral altercations of the parties to a suit which led to the issue, now called the "pleadiugs." It also designated an "imparlance," (q. t,) both names evidently referring to the talking together of the parties. Loquela sine die, More...

Lat. A colloquy; talk. In old English law, this term denoted the oral altercations of the parties to a suit which led to the issue, now called the "pleadiugs." It also designated an "imparlance," (q. t,) both names evidently referring to the talking together of the parties. Loquela sine die, a postponement to an indefinite time. Loquendnm nt vulgus; sentiendnm nt doeti. We must speak as the common people; we must think as the learned. 7 Coke, lib. This maxim expresses the rule that, when words are used in a technical sense, they must be understood technically; otherwise, when they may be supposed to be used in their ordinary acceptation. Less...

In English law. A title o* honor or nobility belonging properly to the degree of baron, but applied also to the whole peerage, as in the expression "the house of lords." 1 Bl. Comm. 306-400. A title of office, as lord mayor, lord com-missioner, etc. In fendal law. A feudal More...

In English law. A title o* honor or nobility belonging properly to the degree of baron, but applied also to the whole peerage, as in the expression "the house of lords." 1 Bl. Comm. 306-400. A title of office, as lord mayor, lord com-missioner, etc. In fendal law. A feudal superior or pro-prietor; one of whom a fee or estate is held. —Law lords. See LAW.—Lord advocate. Tbe chief public prosecutor of Scotland. 2 Alls. Crim. Pr. 84.—Lord and vassal. In the feu¬dal system, the grantor, who retained the do¬minion or ultimate property, was called the "lord," and the grantee, who had only the use or possession, was called the "vassal or "feu¬datory."—Lord chief baron. The chief judge of the English court of exchequer, prior to the judicature acts.—Lord chief justice. See JUSTICE.—Lord high chancellor. See CHANCELLOR.—Lord high steward. In Eng-land, when a person is Impeached, or when a peer is tried on indictment tor treason or felony before the house of lords, one of the lords is ap¬pointed lord high steward, and acts as speaker pro tempore. Sweet—Lord high treasurer. An officer formerly existing in England, who had the charge of the royal revenues and cus¬toms duties, and of leasing the crown lands. His functions are now vested in the lords com¬missioners of the treasury. Mozley & Whitley. —Lord in gross. In feudal law. He who is lord, not by reason of any manor, but as the king* in respect of his crown, etc. "Very lord" is he who is immediate lord to his tenant; and "very tenant," he who holds immediately of that lord. So that where there is lord paramount, lord mesne, and tenant the lord paramount is not very lord to the tenant. Wharton.—Lord justice olerk. The second judicia] officer in Scotland.—Lord keeper, or keeper of the great seal, was originally another name for the lord chancellor. After Henry II.'s reign they were sometimes divided, but now there cannot be a lord chancellor and lord keeper at the same time, for by St. 5 Eliz. c. 18, they are declared to be the same office. Com. Dig. "Chancery," B. 1. —Lord lieutenant. In English law. The viceroy of the crown in Ireland. The principal military officer of a county, originally appointed for the purpose of mustering the inhabitants for the defense of the country.—Lord mayor. The chief officer of the corporation of the city of London is so called. The origin of the appella¬tion of "lord," which the mayor of London en¬joys, is attributed to the fourth charter of Ed¬ward III., which conferred on that officer the honor of having maces, the same as royal, car¬ried before him by the Serjeants. Pull. Laws & Cust. Lond.—Lord mayor's court. In Eng¬lish law. This is a court of record, of law and equity, and is the chief court of justice within the corporation of London. Theoretically the lord mayor and aldermen are supposed to pre¬side, but the recorder is in fact the acting judge. It has jurisdiction of all personal and mixed actions arising within the city and liberties without regard to the amount in controversy. See 3 Steph. Comm. 449, note I.—Lord of a manor. The grantee or owner of a manor.— Lord ordinary is the judge of the court of session in Scotland, who officiates for the time being as the judge of first instance. Darl. Pr. Ct. Sess.—Lord paramount. A term applied to the King of England as the chief feudal pro¬prietor, the theory of the feudal system being that all lands in the realm were held mediately or immediately from him. See De Peyster v. Michael, 6 N. Y. 495, 57 Am. Dec. 470; Opin¬ion of Justices, 66 N. H. 629, 33 Atl. 1076.— Lord privy seal, before the 30 Hen. VIII., was generally an ecclesiastic. The office has since been usually conferred on temporal peers above the degree of barons. He is appointed by letters patent The lord privy seal, receiving a warrant .from the signet office, issues the privy seal, which is an authority to the lord chancel¬lor to pass the great seal where the nature of the grant requires it. But the privy seals for money begin in the treasury, whence the first warrant issues, countersigned by the lord treas¬urer. The lord privy seal is a member of the cabinet council. Enc. Lond.—Lord warden of Cinque Ports. See CINQUE PORTS.—Lords appellants* Five peers who for a time super¬seded Richard II. in his government and whom, after a brief control of the government he in turn superseded in 1397, and put the survivors of them to death. Richard II.'s eighteen com¬missioners (twelve peers and six commoners) took their place, as an embryo privy council acting with full powers, during the parliament¬ary recess. Brown.—Lords commissioners. In English law. When a high public office in the state, formerly executed by an individual, is put into commission, the persons charged with the commission are called "lords commission-ers," or sometimes "lords" or "commissioners" simply. Thus, we have, in lieu of the lord treas¬urer and lord high admiral of former times, the lords commissioners of the treasury, and the lords commissioners of the admiralty; and, whenever the great seal is put into commission, the persons charged -with it are called "com¬missioners" or Less...

In English law. Dominion, manor, seigniory, domain; also a title of honor used to a nobleman not being a duke. It is also the customary titulary ap- ' pellation of the judges and some other persons in authority and office.

In English law. Dominion, manor, seigniory, domain; also a title of honor used to a nobleman not being a duke. It is also the customary titulary ap- ' pellation of the judges and some other persons in authority and office. Less...

In insurance. The injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortunes against which tbe insurer, in consideration of the premium, has undertaken to indemnify the insured. 1 BOUT. Inst no. 1215. -Actual loss. One resulting from the More...

In insurance. The injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortunes against which tbe insurer, in consideration of the premium, has undertaken to indemnify the insured. 1 BOUT. Inst no. 1215. -Actual loss. One resulting from the real and substantial destruction of the property Insured.-Constructive loss. One resulting from such injuries to the property, without its destruction, as render it valueless to the assured or prevent its restoration to the original condition except at a cost exceeding its value. -Direct loss by fire is one resulting immediately and proximately from the fire, and not remotely from some of the consequences or effects of the fire. Insurance Co. v. Leader, 121 Ga. 2t>0, 48 8. E. 074; Ermentrout v. Insurance Co., 03 Minn. 305, 65 N. W. 635, 30 L. R. A. 346, 56 Am. St. Rep. 481; California Ins. Co. v. Union Compress Co., 133 U. S. 387, 10 Sup. Ct 365, 83 L. Ed. 730.-Loss of consortium. See CONSORTIUM.-Partial loss. A loss of a part of a thing or of its value, or any damage not amounting Less...

An article is "lost" when the owner has lost the possession or custody of it. involuntarily and by any means, but more particularly by accident or his own negligence or forgetfulness, and when he is Ignorant of its whereabouts or cannot recover it by an ordinarily diligent search. See State More...

An article is "lost" when the owner has lost the possession or custody of it. involuntarily and by any means, but more particularly by accident or his own negligence or forgetfulness, and when he is Ignorant of its whereabouts or cannot recover it by an ordinarily diligent search. See State Sav. Bank v. Buhl, 129 Mich. 193, 88 N. W. 471, 56 L. R. A. 944; Belote v. State, 36 Miss. 120, 72 Am. Dec, 163; Hoaglaud v. Amusement Co., 170 Mo. 335, 70 S. W. 878, 94 Am. St. Rep. 740. As applied to ships and vessels, the term means "lost at sea," and a vessel lost is one that has totally gone from the owners against their will, so that they know noth* ing of it whether it still exists, or not, or one which they know is no longer within their use and control, either in consequeuce of capture by enemies or pirates, or an unknown foundering, or sinking by a known sjorm, or collision, or destruction by shipwreck. Bennett v. Garlock, 10 Hun (N. Y.) 338; Collard v. Eddy, 17 Mo. 355; Insurance Co. v. Gossler, 7 Fed. Cas. 406. -Lost or not lost. A phrase sometimes inserted in policies of marine insurance to signify that the contract is meant to relate back to the beginning of a voyage now in progress, or to some other antecedent time, and to be valid and effectual even if, at the moment of executing the policy, the vessel should have already perished by some of the perils insured against, provided that neither party has knowledge of that fact or any advantage over the other in the way of superior means of information. See Hooper v. Robinson, 98 U. S. 537. 25 L. Ed. 219; Insurance Co. v. Fol-som, 18 Wall. 251, 21 L. Ed. 827.-Lost papers. Papers which have been so mislaid that they cannot be found after diligent search.- Lost property. Property which the owner has involuntarily parted with and does not know where to find or recover it, not including property which he has intentionally concealed or deposited in a secret place for safe-keeping. See Sovern v. Yoran, 16 Or. 269, 20 Pac. 100, 8 Am. St. Ren. 293; Pritchett v. State; 2 Sneed (Tenn.) 288, 62 Am. Dec. 468; State v. Cummings, 33 Conn. 260, 89 Am. Dec. 208; Loucks v. Gallogly. 1 Misc. Rep. 22, 23 N. Y. Supp. 126; Danielson v. Roberts, 44 Or. 108, 74 Pac. 913, 65 L. R. A. 526, 102 Am. St Rep 627. Less...

The arbitrament of chance; has> ard. That which fortuitously determines what course shall be taken or what disposition be made of property or rights. A share; one of several parcels into which property is divided. Used particularly of land. The thirteenth dish of lead in the mines of Derbyshire, which More...

The arbitrament of chance; has> ard. That which fortuitously determines what course shall be taken or what disposition be made of property or rights. A share; one of several parcels into which property is divided. Used particularly of land. The thirteenth dish of lead in the mines of Derbyshire, which belong to the crown. Less...

In English law. Certain duties which must be paid by those who claim to exercise the elective franchise within certain cities and boroughs, before they are entitled to vote. It is said that the practice became uniform to refer to the poor-rate as a register of "scot and lot" voters; More...

In English law. Certain duties which must be paid by those who claim to exercise the elective franchise within certain cities and boroughs, before they are entitled to vote. It is said that the practice became uniform to refer to the poor-rate as a register of "scot and lot" voters; so that the term, when employed to define a right of election, meant only the payment by a parishioner of the sum to which he was assessed on the poor-rate. Brown. Less...

A small tract or parcel of land in a village, town, or city, suitable for .building, or for a garden, or other similar uses. See Pilz v. Killingsworth, 20 Or. 432, 26 Pac. 305; Wilson v. Proctor, 28 Minn. 13, 8 N. W, 830; Webster v. Little Rock, 44 Ark. More...

A small tract or parcel of land in a village, town, or city, suitable for .building, or for a garden, or other similar uses. See Pilz v. Killingsworth, 20 Or. 432, 26 Pac. 305; Wilson v. Proctor, 28 Minn. 13, 8 N. W, 830; Webster v. Little Rock, 44 Ark. 551; Diamond Mach. Co. v. Ontonagon, 72 Mich. 261, 40 N. W. 448; Fitzgerald v. Thomas, 61 Mo. 500; Phillipsburgh v. Bruch, 37 N. J. Eq. 486. Less...