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LINEAL CONSANGUINITY-continued. grandfather, great-grandfather, and so upwards in the direct ascending line, or down. wards in the direct descending line.
See also title CONSANGUINITY. LINEAL DESCENT. Descent in a right line, as where an estate descends from ancestor to heir in one line of succession.
See also title DESCENTS. LINEAL WARRANTY: See titles COLLATERAL WARRANTY; WARRANTY.
LIQUIDATED DAMAGES are damages, the amount of which is fixed or ascertained, as opposed to unascertained or uncertain, i.e., unliquidatod, damages. It is frequently mutually agreed between the pirties to a contract that the one shall pay to the other some specified sum of money in the event of a breach of the contract; and in such a case it frequently becomes a nice question whether such sum is to be considered in the nature of a penalty merely for the purpose of covering the damages which one party may sustain in the event of a breach committed by the other, or whether the full sum specitied is to be actually paid to the injured party as liquidated or settled damages, without reference to the extent of the injury sustuined. See Kemble v. Farren, 6 Bing. 141; Reilly v. Jones, 1 Bing. 202; Ch. on Contr. 863, 864.
And see title DAMAGES. LIQUIDATION. Under the Bankruptcy Act, 1869, a person in embarrassment, instead of suffering himself to be made a bankrupt, may (under s. 125) summon a meeting of his creditors and prevail with them by special resolution to declare that his affairs shall be liquidated by arrangement. A trustee is thereupon appointed, with or without a committee of inspection; and when that is done the general provisions of the Act applicable to the proof of debts, &c., in the case of bankruptcy are made applicable to the proof of debts, &c., in the liquidation. The property of the liquidating debtor vests in his trustee, who has the like powers as a trustee in bankruptcy. The close of the liquidation and the discharge of the liquidating debtor depend upon the creditors, who may make a resolution to that effect in a general meeting. The next two sections of the act (S8. 126, 127) relate to a debtor making a Composition with his creditors, which avoids both bankruptcy and liquidation, and may be carried by an extraordinary resolution of a majority in number and three-fourths in value of the creditors.
See titles BANKRUPTCY and COMPOSI
LIQUIDATOR: See title WINDING-CP.
LIS PENDENS. This phrase denotes a suit or action depending, i.e., in course. Inasmuch as every such suit or action would. when decided, naturally affect the land according to its result in whost-soever hands the land miglit be at the date of the decision, it wils enacted by the 2 & 3 Vict. c. 11, 8 7, that no lis pendens, unless or until the same was registered, and duly re-registered, should bind a purchaser or mortgagee not having express notice thereof. By the stit. 13 & 14 Vict. c. 35, s. 17, a special cuse to which appearances have been entered is made a lis pendens. Lastly, by 30 & 31 Vict. c. 47, S. 2, if a suit or action is not prosecuted in a bonâ fide manner, the Court may order the registration of it as a lis pendens to be vacated, and that even without the consent of the person registering the same.
LIVERY. During the existence of the feudal tenures and customs, the male heir when he arrived at the age of twenty-ne years, or the heir female at the age of sixtren, might sue out a writ of livery or ouster le main; that is, the delivery of their lands out of their guardian's hands; for in the feudal times the lord was entitled to the wardship of the heir, and was called the guardian in chivalry. This ward-hip cousisted in having the custody of the body and lands of such heir till he or she attained the age of twenty-one if a male, or sixteen it a female (2 Inst. 203). This guardianship was not subject to account.
See also next title. LIVERY OF SEISIN. This simply means delivery of the land (traditio). It is of two kinds, being either in deed or in law.
(1.) Livery in deed, i.e., in fact or act, was performed by delivery of a part of the actual thing in lieu, and as a symbol of, the whole, e.g., by delivery of the ring of a door, or of a branch of a tree, or a turf of the ground, accompanied with these or the like words spoken by the feoffor: “Here I deliver you seisin of this house or land” (as the case might be], " in the name of the tenements contained in this deed, and according to the form and effect thereof." And thereupon the feoffee entered upon or took possession of the house or land. A separate livery was wanted for lands in several counties. Livery in deed could only be made to the feotiee personally.
(2.) Livery in law, i.e., constructive or implied delivery of the actual thing. This was done off the land but in sight of it, the footfor saying these or the like words : “I give you yonder land, enter and take possession ;” and if the feoffee thereupon or at any time thereafter during the life of LODGINGS—continued. reasonally fit for habitation (Smith v. Marable, 11 M. & W. 5). Since the stat. 34 & 35 Vict. c. 79, a lodger's goods caunot be distrained for the rent owing from his landlady to the superior landlord. A contract for mere lodgings is always determinable upon notice by either party to the other, a week's notice being that usually given in the absence of any special agreement; and this rule is not altered although the rent should not be paid by the week, but by longer periods. Right v. Darby, 1 T. R. 159.
LIVERY OF SEISIN-continued. the feoffor entered upon the land, the livery was good, but otherwise it was void. One such livery sufficed for various counties. Livery in law might be made either to the feoffee personally, or to his lawfully constituted attorney. Wms, R. P. 138-9.
LLOYD'S BONDS. These are acknowledgments by a borrowing company under its seal of a debt incurred and actually due by the company to a contractor or other person for work done, goods supplied, or otherwise, as the case may be, with a covenant for payment of the principal and interest at a future time. These are valid securities, if issued bonii fide, and not a mere device for evading the provisions of the Acts regarding com;'anies forbidding them to borrow money, unless in re-payment of the existing debt of the company. See Godefroi and Shortt, 39.
LOCAL ACT OF PARLIAMENT. Such an Act as has for its object the interest of some particular locality; as the formation of a road, the alteration of the course of a river, the formation of a public market in a particular district, &c. See 1 M. & W. 520.
LOCAL ACTION. An action is termed local when all the principal facts on which it is founded are of a local nature, as where possession of land is to be recovered, or damages for an actual trespass, or for waste affecting land, or for any other kind of injury affecting real property, because in such a case the cause of action relates to some particular locality, which usually also constitutes the venue of the action. But under the Judicature Act, 1873, there is to be no local venue for the trial of any action (Sch. r. 28).
See also titles TRANSITORY ACTION;
VENUE. LOCUS IN QUO. The place in which the cause of action arose, or where any. thing is alleged to have been done, in pleidings is so called (1 Salk. 94). The phrase is almost peculiar to actions of trespass quare clausum fregit,
LODGER : See title ELECTORAL FRANCHISE.
LONG PARLIAMENT, ACTS OF. This Parliament assembled in 1640-1, and was never formally dissolved. The stat 4 Edw. 3, c. 14, had enacted that Parliament should meet every year or oftener if need were; but this Act, which had been little regarded by any sovereign, was most egregiously disregarded by Charles I. Accordingly, the Long Parliament now enacted its famous Triennial Bill, providing that Parliament, if not actually then sitting, should be ipso facto dissolved at the expiration of three years from the first day of its session, and the chancellor was to issue new writs within three years from the dissolution; and in case no such writs were issued within that time, the peers were to assemble of themselves at Westminster and to issue writs to the sheriffs requiring them to summon representatives of the Commons ; and in case the Peers failed to do so, the sheriffs of their own accord, or (in their default) the electors themselves, were to proceed to the new elections. This Triennial Act was repealed upon the restoration of Charles II., and is to be distinguished from the Triennial Act so called par éminence (6 W. & M. c. 2).
The other legislative Acts of the Long Parliament were the following :
(1.) They annulled the judgment against Hampden in the case of Ship Money, and declared ship-money and also the taxes of Charles I. on foreign merchandise illegal;
(2.) They abolished the Court of Star Chamber; also, the Court of High Commission; also, the Court of the President and Council of the North; also, the Court of the President and Council of Wales; also, the Courts of the Duchy of Lancaster and of the County Palatine of Chester;
(3.) They declared it illegal to impress his majesty's subjects, or to compel them to go out of the country to serve in foreign wars;
(4.) They passed an Act declaring that they could not be dissolved without their own consent;
(5.) They abolished Episcopacy and established Presbyterianism;
LODGING-HOUSES. The keeper of a lodging-house is not liable (as an innkeeper) for the loss of the goods brought by a lodger to her house, provided she be not guilty of a positive misfeasance. Holder V. Soulby, 8 C. B. (N.S.) 254.
LODGINGS. A person who lets lodgings impliedly warrants that they are
LONG PARLIAMENT, ACTS OF—contd. LORD MAYOR'S COURT—continued.
(6.) They deprived the king of the con- London." In legal consideration and in trol of the militia and forces, and assumed conformity with the style of the Court, the that control to themselves, and eventually Lord Mayor and Aldermen are supposed to they laid nineteen propositions before the preside; but the recorder is in fact the king, of which the principal were the fol- acting judge. All persons, as well freemen lowing:
as non-freemen, not being under any general (a.) That privy councillors and officers incapacity which would disable them from
of state should be approved in suing in the superior Courts at WestParliament;
minster, may sue in this Court. As a Court (6.) That the education and marriage of of Common Law it has cognizance of all
the king's children should be personal and mixed actions arising within
under the control of Parliament: the City and liberti-s, without regard to (c.) That the militia and forces and all the amount of the debt or damages sought
fortresses and magazines should to be recovered ; and if the gist of the action be given up to the nominees of arise within the City, the residence of the Parliament;
plaintiff or defendant therein is immaterial. (d.) That all judges should hold office Emmerson's City Courts ; Pulling's Laws
during good behaviour; and, and Customs of the City and Port of (e.) That all popish lords should be de- London, 177, 2nd ed. ; Brandon on Foreign prived of their votes.
Attachments, and Notes of Practice. LORD CHANCELLOR: See title Chan
See also title ATTACHMENT, FOREIGN. LORDS SPIRITUAL AND TEMPORAL.
The lords spiritual compose one of the LORD MAYOR. The chief officer of
constituent parts of our Parliament, and the Corporation of the City of London is
consist of two archbishops and twenty-four so called. The origin of the appellation of
bishops; and by the Act of Union with " Lord,” which the Mayor of London en
Ireland (39 & 40 Geo. 3, c. 67) four Irish joys, is attributed to the fourth charter of Edward III., which conferred on that
lords spiritual, taken from the whole body
by rotation of sessions, were added, who officer the honour of having maces, the
ranked next after the spiritual Jords of same as royal, carried before him by the
Great Britain; but under the stat. 32 & 33 serjeants. He is annually nominated and elected by the livery from amongst such of
Vict. c. 42, these Irish Jords spiritual have the aldermen as have served the office of
ceased. The lords temporal consist of al] sheriff. In his character of chief magis
the peers of the realm, by whatever title
of nobility distinguished, and form another trate of the City, the Lord Mayor presides at the Court of Aldermen in the Inner
constituent part of our Parliament.
See also title PEERS. Chamber, the Court of Common Council, and the Court of Common Hall; and as LORD AND VASSAL. The fundamensuch issues his precept for the holding of tal maxim of all feudal tenure is this: any of these courts. He is also nominally that all lands were originally granted out President of the Court of Aldermen in the by the sovereign, and are therefore holden Outer Chamber (or Lord Mayor's Court). either mediately or immediately from the He is chairman of every committee which Crown. The grantor was called the prohe attends; also of the commissioners of prietor or lord, being he who retained the sewers, and has power to summon them to dominion or ultimate property of the feod a public meeting whenever he thinks proper or fee; and the grantee, who only bad the (11 Geo. 3, c. 29, s. 6). The corporation use and possession, according to the terms provide the Lord Mayor with the Mansion of the grant, was styled the feudatory or House, which they keep in repair at their vassal, which was only another name for own expense, and annually grant a sum of the tenant or holder of the lands. money amounting to nearly £8000, and also See titles ESTATES; FEUDAL SYSTEM ; provide various officers at their own expense
TENURE. to support the dignity of the office. Pulling's Laws and Customs of the City
LORD'S DAY: See title SUNDAY. and Port of London,
LOT. Certain duties, tolls, assessments, LORD MAYOR'S COURT. This is a
or impositions are frequently so termed.
See title LOT AND SCOT. Court of Record, of Law and Equity, and is the chief court of justice within the cor- LOT AND SCOT (Sax. Ulot, a chance or poration of London. Its legal style is "The lot, and sceat, a part or portion). Certain Court of our Lady the Queen, holden before duties which must be paid by those who the Lord Mayor and Aldermen in the claim to exercise the elective franchise Chamber of the Guildhall of the City of within certain cities and boroughs before LOT AND SCOT—continued.
LUNACY-continued. they are entitled to vote. It is said that public benefit, he was nevertheless punishthe practice became uniform to refer to the able according to the nature of the crime poor-rate as a register of "scot and lot” committed, if he knew, at the time of voters, so that the term, when employed to cominitting such crime, that he was acting detine a right of election, meant only the contrary to law. payment by a parishioner of the sum to With reference to contract law the rule which he was assessed on the rate. Rog. is, that a lunatic is liable for necessaries, on Elec. 198, 6th ed.; 1 Dougl. 129.
and generally also on contracts executed of See also title ELECTORAL FRANCHISE. which he has had the advantage, notwith
standing they may not be for necessaries LOTTERY. Lotteries have been fre
at all (Molton v. Camroux, 4 Ex. 17); quently resorted to both by states and by
but that on all other contracts he is not individuals for the purpose of raising liable at all, not even although at the time money, but they are proscribed by the mo
of contracting he betrayed no signs of rality and industry of England. They
lunacy, and the other contracting party was were declared a nuisance and prohibited by
ignorant thereof. 10 & 11 Will. 3, c. 17; and even foreign
With reference to the Chancellor and lotteries are forbidden by the 6 & 7 Will. 4,
Lords Justices' jurisdiction in lunacy, this c. 66, to be advertised in England. For an
jurisdiction extends generally to persons instance in which these laws have been put
not capable of managing their own affairs, in force see All port v. Nutt, 1 C. B. 974;
and therefore are properly deemed of unand see title WAGERING.
sound mind, non compos mentis. This LOUAGE. This is the contract of hiring jurisdiction is now most commonly exerand letting in French Law, and may be
cised under the Lunacy Regulation Act, either (1) of things, or (2) of labour. The 1853 (16 & 17 Vict. c. 70), or where the varieties of each are the following:
property is of small amount, under the (1.) Letting of things,
Lunacy Regulation Act, 1862 (25 & 26 (a.) Bail à loyer, being the letting of
Vict. c. 86).
MAGNA CHARTA. The great charter (a.) Loyer, being the letting of per
of English liberty granted by, or rather sonal service;
extorted from, King John, and afterwards, (6.) Bail à cheptel, being the letting of
with some alterations, confirmed in Parliaanimals.
ment by Henry III. and Edward I. It was LOYER: See title LOUAGE.
called Magna Charta on account of its
great importance, and partly in contraLUNACY is the common legal designation distinction to another charter (Carta de of insanity, or the state of being non Foresta), which was granted about the same compos mentis. The law takes notice of
time. The provisions of this charter exthree degrees of lunacy :(1) Lunacy which
tend not only to the administration of exempteth in crime; (2) Lunacy which
justice (regulating the various jurisdicexcuseth in contract; and (3) Lunacy tions, temporal and ecclesiastical), but also which placeth the party and his property to the personal liberty of the subject, the under the protection of the Crown.
limits of taxation of his property, the rights Criminal lunacy may be either total or of foreign merchants within the realm, as partial. And if total, than either natural
well during peace as in times of war, and (dementia naturalis), in which case it is also the liberties and privileges of the termed idiocy, or accidental (dementia acci- church. It contains also numerous prodentalis), which may be either permanent visions of a purely temporary nature, inor intermittent (i.e., accompanied with tended to remedy the prevailing abuses of “ lucid intervals ") or wilfully brought on the times, by the party himself (dementia affectata), e.g., in the case of drunkenness (see that MAIDEN ASSIZE. When, at the assizes, title). If the lunacy be partial, then the no person has been condemned to die it is criminal definition of it is that given in
termed a "maiden assize.” R. v. M.Naghten (10 Cl. & F. 200), where
MAIDEN RENTS. A fine paid by the the judges advised the House of Lords to
tenants of some manors the lord for a this effect, that notwithstanding the party
licence to marry a daughter. Cowel. did the act complained of with a view, under the influence of insane delusion, of MAIHEM, or MAYHEM.
The violently redressing or avenging some supposed depriving another of the use of such of his grievance or injury, or of producing some members as may render him the less able,
MAIHEM, or MAYHEM - continued. in fightiny, either to defend himself, or to annoy his adversary: e.g.. the cutting off, or disabling, or weakeniny a man's hand or finger, striking out his eye or foretooth, or depriving him of those parts the loss of which in all animals abates their courage, are considered as mayhems : hence, to do a person such an external injury as merely detracts from his personal appearance is not considered as mayhem, because it does not weaken him, but only disfigures him. 1 Hawk. c. 44.
MAINPRISE (from the Fr. main, hand, and prendre, to take). One of the means of remedying the injury of false imprisonment was by a writ called a writ of mainprise, directed to the sheriff (either generally, when any man was imprisoned for a bailable offence, and bail had been refused: or specially, when the offence or cause of commitment was not properly bailable below), commanding him to take sureties for the prisoner's appearance, usually called mainpernors, and to set him at large. Mainpernors differ from bail, in that a man's bail may imprison or surrender him up before the stipulated day of appearance; whereas mainpernors can do neither, but are simply sureties for his appearance at the day; bail are only sureties that the party be answerable for the special matter for which they stipulate; mainpernors are bound to produce him to answer all charges whatsoever. The word mainprise is used in various ways; thus when a man is committed to those who undertake he shall appear at the appointed day (i.e., to his main pernors), he is said “to be let to mainprise;" and a man who may be so mainprised or delivered to mainpernors is said to be main pernable. Where an offence was not bailable, the justices were frequently, by Act of Parliament, directed to commit such offender or offenders to the common gaol of the county, there to remain without bail or mainprise." 43 Eliz. c. 2, s. 4; Dyer, 272 (31); 4 Inst. 179.
See also title Ball.
MAINTENANCE-continued. order of the Court of Chancery, for the support and bringing up of children during their minorities. The Court is now able, in a proper case, to make the requisite order on summons, without bill filed.
See title INFANTS. MALA IN SE (evils in themselres). All things which are evil in themselves are so termed, in contra listinction to those things which are not evil in themselves, but are only forbidden by the laws, and which are therefore called mala prohibita, or forbidden evils, and sometimes mala quia prohibita, to indicate that they are evils by reason of the prohibition only. MALA PROHIBITA: See title MALA IN SE.
MALICE (malitia). In its legal sense, this word does not simply mean ill-will against a person ; but signifies a wrongful act, done intentionally, without just cau-e or excuse. Thus, if I intentionally and without just cause or excuse gave å perfect stranger a blow likely to produce death, I should, in legal contemplation, do it of malice, because I did it intentionally, and without just cause or excuse.
So, if I maim cattle, even without knowing whose they are, I should, in legal construction, do it of malice, because it would be a wrongful act, and be done intentionally, without cause or excuse. See per Bayley, J., in Bromage v. Prosser, 4 B. & C. 255. Malice is regarded under the following varieties of aspect :
(1.) Malice in Law,-being that species of it which is described above; and
(2.) Malice in fact, which again presents two sub-varieties, viz. :(a.) Personal malice, i.e., spite, against
some particular individual ; and (6.) Malice against the world gene
rally, without reference to any particular individual, e.g., where a person throws a bottle of vitriol over a wall into the public street or bighway, not knowing or caring who is passing in the street or on the highway at the
time. MALICE PREPENSE (from the Latin malitia, malice, and the Fr. penser, to think, and pre, beforehand.) Malice aforathought, i.e., deliberate, predetermined malice. 2 Roll. Rep. 461.
MALICIOUS PROSECUTION. who has been unjustly prosecuted for any crime, or who has causelessly been made a bankrupt, may bring an action for a malicious prosecution against the prosecutor or the petitioner as the case may be ; but for the success of his action, he must
(1.) It designates an offence bearing a near relation to barratry, and which consists in officiously intermeddling in a suit that in no way belongs to one, as by maintaining or assisting either party with money, or otherwise taking great pains to assist the plaintiff or defendant in the suit, although having nothing to do with it. Les Termes de la Ley; Findon v. Parker, 11 M. & W. 675. (2.) In another
it denotes the provision made, either by deed or will, or by