Britt. c. 70. Come bien luy list; as was lawful for him to do. Yearb. M. 8 Edw. III. 2. LITE PENDENTE. Lat. Pending the suit. Fleta, lib. 2, c. 54, § 23. LITEM SUAM FACERE. Lat. In the Roman law. To make a suit his own. Where a judex, from partiality or enmity, evidently favored either of the parties, he was said litem suam facere. Adam's Rom. Ant. 269. Calv. Lex. He was in such case considered as guilty of a quasi malfeasance, (quasi ex maleficio obligatus,) and was liable to a penalty, though he might have acted merely through imprudence. Inst. 4. 5, pr. LITERA. Lat. In old English law. A letter. Litera acquietantiæ; a letter of acquittance. Reg. Orig. 150. Litera cambii; a letter of exchange. Id. 194. See Literæ. The letter, as distinguished from the meaning of a writing. Fleta, lib. 2, c. 56, 20. See Qui hæret in litera, &c. Litter for horses. Fleta, lib. 2, c. 20. LITERA PISANA. Lat. The Pisan letter. A term applied to the old character in which the copy of the Pandects formerly kept at Pisa, in Italy, was written. Spelman. LITERATURA. Lat. [from litera, a letter.] In old English law. Education; learning; knowledge of letters. Ad literaturam ponere; to put to learning; to put to school. Paroch. Ant. 401. Cowell. Minus sufficiens in literatura; deficient in learning. The form of a bishop's return, where he refuses a clerk as being unfit to discharge the pastoral office for want of learning. 1 Bl. Com. 389, 390. LITERÆ. Lat. Letters. A term applied, in old English law, to various instruments in writing, public and private. See infra. LITERÆ DIMISSORIÆ. L. Lat. Dimissory or dismissory letters. See Dimissoriæ litera. LITERE MORTUÆ. Lat. Dead letters; fulfilling words of a statute. Lord Bacon observes that, "there are, in every statute, certain words which are as veins, where the life and blood of the statute cometh, and where all doubts do arise, and the rest are literæ mortuæ, fulfilling words." Bac. Read. Uses, Works, iv. 189. ouvertes.) In cujus rei testimonium has literas nostras fieri fecimus patentes; In witness whereof, we have caused these our letters to be made patent. Reg. Orig. 4 b. Bract. fol. 72 b. Litera patentes regis non erunt vacua; the king's letters patent shall not be void. 1 Bulstr. 6. LITERÆ PROCURATORIÆ. L. Lat. In old English law. Letters procuratory; letters of procuration; letters of attorney. Bract. fol. 40, 43. The written authority given to an attorney in fact, or procurator; still sometimes called a letter of attorney, and anciently termed in English a writ. Bract. fol. 40. LITERÆ RECOGNITIONIS. L. Lat. In maritime law. A bill of lading. Jacobsen's Sea Laws, 172. LITERE SIGILLATÆ. L. Lat. In old English law. Scaled letters. The return of a sheriff was so called. Fleta, lib. 2, c. 64, $19. LITIGANT. [Lat. litigans, from litigare, q. v.] A person engaged in a lawsuit; a party to a suit. LITIGARE. Lat. To litigate; to carry on a suit, (litem agere,) either as plaintiff or defendant; to claim or dispute by action; to test or try the validity of a claim by action. LITIGATE. [from Lat. litigare, q. v.] To dispute or contend in form of law; to carry on a suit. * LITIGIOUS. In English ecclesiastical law. The subject of contending claims.* If two presentations be offered to the bishop upon the same avoidance, the church is said to become litigious. 3 Bl. Com. 246. LITIGIOUS RIGHT. In the civil law. A right which cannot be exercised without undergoing a law-suit. Civ. Code of Louis. Art. 3522, num. 22. Pothier, Contr. of Sale, num. 584. LITIGIUM. Lat. [from litigare.] In the civil and old English law. Litigation; the contest between the parties to a suit; a suit or controversy. Litigio pendente. Dig. 4. 8. 49, pr. Bracton uses the word to denote that part of an action which commenced with the appearance of the defendant, and terminated with the judgment of the court. Ad primam diem litigii. Bract. fol. 444. Tempore litigii, in ipso judicio, et ante judicium redditum, pendente litigio. Id. fol. 436 b. It is used in the Books of Feuds. Lib. 2, LITERÆ (or LITTERÆ) PATENTES. L. Lat. In old English law. Letters pa- 15. tent; literally, open letters, (Fr. lettres LITIS CONTESTATIO. tit. In the civil Shore. and canon law. Contestation of suit; the | 1. 3. See Dig. 50. 16. In the practice of the ecclesiastical courts, -the general answer made by the defendant, in which he denies the matter charged against him in the libel. Hallifax, Anal. b. 3, c. 11, num. 9. 2 Browne's Civ. & Adm. Law, 358, and note. 112. Ang. on See Littus maris, LITUS, Liddus, Lito. L. Lat. In old European law. A kind of servant; one who surrendered himself into another's power, (servus dedititius.) Spelman. LIVERER. L. Fr. To deliver. Kelham. Livere; delivered. Britt. c. 48. Liveres. Id. c. 2. Livromus; we delivered. Yearb. H. 12 Hen. VI. 7. LIVERISON. L. Fr. Delivery. Britt. c. 45. LIVERY. [L. Lat. deliberatio; Lat. traditio.] In English law. Delivery. See Livery of seisin. LITIS DOMINIUM. Lat. In the civil law. Ownership, control or direction of a suit. A fiction of law by which the employment of an attorney or proctor, (procurator,) in a suit was authorized or justified, he being supposed to become, by the appointment of his principal, (dominus) or client, the dominus litis. Heinecc. Elem." Jur. Civ. lib. 4, tit. 10, §§ 1246, 1247. LITTORAL. [from Lat. littus or litus, the shore.] Belonging to the shore; on the sea-shore. A littoral proprietor is a proprietor of land on the shore of the sea. 17 Howard's R. 426. LITTUS. Lat. See Litus. LITTUS MARIS. Lat. In old English law. The sea-shore. "It is certain that that which the sea overflows, either at high spring tides or at extraordinary tides, comes not, as to this purpose, under the denomination of littus maris, and consequently the king's title is not of that large extent, but only to land that is usually overflowed at ordinary tides. That, therefore, I call the shore that is between the common high-water and low-water mark, and no more." Hale de Jur. Mar. pars 1, c. 4. LITURA. Lat. [from linere, to daub.] In the civil law. An obliteration or blot in a will or other instrument. Dig. 28. 4. 1. 1. LITUS, Littus. Lat. In the civil law. A shore or coast; the sea-shore. Litus est quousque maximus fluctus à mari pervenit; the shore is as far as the largest wave from the sea reaches. Dig. 50. 16. 96. This definition of the Digests is said to have been first established by Cicero, in a case where he acted as an arbiter. Id. ibid. But see Cic. Topic. vii. quoted in Callis on Sewers, 66, note. It is somewhat varied in the Institutes, thus: Est litus maris quatenus hibernus fluctus maximus excurrit; that is the sea-shore as far as the largest winter-wave extends, or runs up. Inst. 2. A writ which lay for an heir to obtain possession of lands. Cowell. The privilege of a particular company. Livery and clothing" of a company. Say. 274. See 12 East, 22. See Commonalty. LIVERY OF SEISIN. [L. Fr. liverie de seisin, bail de seisin; L. Lat. deliberatio seysina.] Delivery of seisin; delivery of corporeal possession of lands or tenements. conveyed to another; a material ceremony in the old conveyance by feoffment, without which the feoffee had but a mere estate at will. 2 Bl. Com. 311. Livery in deed, or actual livery, was performed by the feoffor, or his attorney, entering on the land, with the charter of feoffment, and after declaring the contents of the feoffment in the presence of witnesses, delivering to the feoffee a clod or turf, or a twig or bough there growing, (or, if it were a house, delivering the ring or latch of the door,) in the name of seisin of all the lands contained in the deed. 2 Bl. Com. 315. 4 Kent's Com. 480. Litt. sect. 59, 60. Co. Litt. 48. Livery of seisin is constantly termed by Britton bail of seisin, (bail de seisine.) Britt. c. 40. See Bail. In American law, it is almost unknown. 2 Hilliard's Real Prop. 293, 295. LIVORARE. L. Lat. In old European law. To beat; to bruise by beating. Marculf. lib. 1, form. 29. LOAN, (or LOAN FOR USE.) [Sax. hlæn; Lat. commodatum.] A bailment of goods to be used by the bailee temporarily, or for a certain time, without reward. Story on Bailm. § 6. See Commodatum. Α LOBIUM. L. Lat. In old records. parlor, or withdrawing room. Spelman. LOCAL. [L. Lat. localis, from locus, place.] Relating to place; expressive of place; belonging or confined to a particular place. Distinguished from general, personal and transitory. LOCAL ACTION. In practice. An action which must be brought in a particular place or county.* An action founded on such a cause as necessarily refers to some particular locality. 3 Steph. Com. 463. Of this nature are all actions for the recovery of land, and actions for injuries to real property. An action is local, if all the principal facts on which it is founded be local. Steph. Pl. 289. patent calls for a boundary, the plaintiff may locate the land according to the boundaries." 1 Harr. & McH. 359, arg. To place one's self upon land; to settle on it, or take actual possession. LOCATIO. Lat. [from locare, to let.] In the civil law. A letting for hire; a bailment or delivery of a thing for a certain compensation. Inst. 3. 25. Dig. 19. 2. 2. 1. Translated in Scotch law, location. 1 Stair's Inst. b. 1, tit. 15, sect. 1, 5, 6. Story on Bailm. §§ 8, 368. Sometimes called locatum, (q. v.) LOCATIO-CONDUCTÍO. Lat. In the civil law. civil law. A compound word used to denote the contract of bailment for hire, expressing the action of both parties, viz. a letting by the one, and a hiring by the other. 2 Kent's Com. 586, note. LOCAL ALLEGIANCE. A tempoA temporary kind of allegiance, depending on place.* That kind of allegiance which in England is due from an alien or stranger born, for so long time as he continues within the king's dominion and protec- on Bailm. § 368. tion. 1 Bl. Com. 370. So, in the United States, during the residence of aliens amongst us, they owe a local allegiance, and are equally bound with natives to obey all general laws for the maintenance of peace and the preservation of order, and which do not relate specially to our own citizens. 2 Kent's Com. 63, 64. "LOCAL STATUTES regard such things as are really upon the spot in England, as the Statute of Frauds, which respects lands situate in this kingdom." Lord Mansfield, C. J. 1 W. Bl. 246. LOCAL VENUE. In pleading. A venue which must be laid in a particular county. When the action could have atisen only in a particular county, it is local, and the venue must be laid in that county. 1 Tidd's Pr. 427. See Local action, Venue. LOCARE. Lat. In the civil and old English law. To let for hire, as a house, land or other thing; to deliver or bail a thing for a certain reward or compensation. Dig. 19. 2. 3, 4, et seq. Bract. fol. 62. Fleta, lib. 2, c. 59, § 1. LOCARIUM. L. Lat. In old European law. The price of letting; money paid for the hire of a thing; rent. Spelman. LOCATE. [from Lat. locus, place.] In American law. To place; to fix, ascertain or designate the place (locus) of a thing; to describe the place or situation of a certain piece or tract of land. See Location. To mark out the boundaries, or identify the place or site of a piece of land, according to a description before given. "If a Story In the Roman civil law, and in Bracton and Fleta, this phrase is composed of distinct words, locatio et conductio. Inst. 3. 25. Dig. 19. 2. 1. Bract. fol. 62. Fleta, lib. 2, c. 59, § 1. LOCATIO CUSTODIEÆ. Lat. A letting to keep; a bailment or deposit of goods for hire. Story on Bailm. § 442. LOCATIO OPERIS FACIENDI. Lat. A letting out of work to be done; a bailment of a thing for the purpose of having some work and labor or care and pains bestowed on it for a pecuniary recompense. 2 Kent's Com. 586, 588. Story on Bailm. §§ 370, 421, 422. LOCATIO OPERIS MERCIUM VEHENDARUM. Lat. A letting of work to be done in the carrying of goods; a contract of bailment by which goods are delivered to a person to carry for hire. 2 Kent's Com. 597. Story on Bailm. §§ 370, 457. LOCATIO REI. Lat. A letting of a thing to hire. 2 Kent's Com. 586. The bailment or letting of a thing to be used by the bailee for a compensation to be paid by him. Story on Bailm. § 370. LOCATION. [from locate, q. v.] In American land law. The designation of the boundaries of a particular piece of land, either upon record, or on the land itself. 1 Bibb's R. 84. The finding and marking out the bounds of a particular tract of land, upon the land itself, in conformity to a certain description contained in an entry, grant, map, &c.; such description consisting in what are termed locative calls, (q. v.) LOCATIVE CALLS. * LOCUS. Lat. [Fr. lieu.] A place; the place. See infra. A In American the amount which the plaintiff might reland law. Calls for the purpose of loca- cover. Dig. 50. 16. 234. 1. tion; calls which designate the particular boundaries of lands, as distinguished from general description." See Call. Those LOCUS. Lat. In the civil law. calls in entries of lands, the object of which place; a piece or portion of land, or of an is to ascertain and identify the land for estate, (fundus.) Dig. 50. 16. 60. the purpose of location. References in LOCUS CONTRACTUS. Lat. The entries and grants of land to certain par-place of a contract; the place where a conticular physical objects (as trees, streams, tract is made. Locus contractus regit actum. &c.) which exactly describe the land to be The place of the contract governs the act; located.* Marshall, C. J. 2 Wheaton's R. the law of the place where it is made gov206, 211. Marshall, C. J. 10 Wheaton's erns it as to construction, wherever it is R. 454, 463. See 7 Peters' R. 171. 18 attempted to be carried into effect. PerWendell's R. 157. sonal contracts are to have the same validity, interpretation and obligatory force in every other country, which they have in the country where they are made. Kent's Com. 458. pr. LOCATOR. Lat. [from locare, to let; Fr. locateur, loueur, bailleur.] In the civil law. A letter; one who lets; the correlative of conductor, (a hirer.) Inst. 3. 25, Dig. 19. 2. 9, pr. Cod. 4. 65. 13, 15. He, who being the owner of a thing, lets it out to another for hire or compensation. Story on Bailm. § 369. Used in Scotch law. 1 Stair's Inst. b. 1, tit. 15, §§ 1, 5, 6. LOCATOR. In American land law. One who locates land, or intends or is entitled to locate. 1 Bibb's R. 81. 1 Littell's R. 187. See Location. LOCMAN. Fr. In French marine law. A pilot. Ord. Mar. liv. 4, tit. 3, art. 1. LOCUM TENENS. L. Lat. [L. Fr. lieu tenant.] In old English law. A lieutenant, deputy or representative. Reg. Orig. 17. Fleta, lib. 2, c. 64, § 2. Literally, a place holder; one who holds the place of another.* Locum tenens decani et vices ejus gerens; holding the place of the dean, and performing his duties. Yearb. M. 9 Edw. III. 33. Locum tenens regni; lieutenant of the realm. 8 Co. 21 b, The Prince's case. 1 P. Wms. 712. LOCUM TENERE. Lat. In old statutes. To hold place; to be applicable. Et sciendum est quod istud statutum tenet locum de terris venditis, &c. and it is to be known that this statute has application to lands sold, &c. Stat. Quia Emptores, c. 3. Locum habere, (to have place,) had the same meaning. Fleta, lib. 4, c. 1, § 16. To have place; to take effect, as to time. Et incipiet locum tenere ad festum Sancti Andrea apostoli; and it shall begin to take effect at the feast of St. Andrew the apostle, Stat. Quia Emptores, c. 3. LOCUPLES. Lat. In the civil law. Able to respond in an action; good for 2 LOCUS DELICTI. Lat. The place of the offence; the place where an offence was committed. 2 Kent's Com. 109. LOCUS IN QUO. Lat. [Fr. la lieu ou.] In pleading. The place in which; the place where. 6 Mod. 158, 198. 1 Leon. 60. A term used in actions of trespass to denote the place in which the trespass was committed. 1 Archb. N. Prius, 314. See 1 Salk. 94. LOCUS PARTITUS. Lat. In old English law. A place divided. A division made between two towns or counties, to make out in which the land or place in question lies. Fleta, lib. 4, c. 15, num. 1. Cowell. See Jocus partitus. Lat. In LOCUS PENITENTIÆ. the civil law. Place or room for repentance; room to retract; opportunity allowed a party to withdraw from a contract, before it is completed. Inst. 3. 24, pr. A phrase adopted by Bracton, and extensively used in modern law. Bract. fol. 61 b. Fleta, lib. 2, c. 58, § 3. Lat. In the LOCUS PUBLICUS. civil law. A public place. Dig. 43. 8. 1. Id. 43. 8. 2. 3. LOCUS REI SITE. L. Lat. The place where a thing is situated. In proceedings in rem, or the real actions of the civil law, the proper forum is the locus rei sitæ. Story, J. 2 Gallison's R. 191, 197. LOCUS SIGILLI. Lat. The place of the seal; the place occupied by the seal of written instruments. Usually abbreviated to L. S. LODEMANAGE. In old English law. The hire of a pilot for conducting a ship from one place to another. Cowell. Blount calls it lodemerege. LODGER. One who occupies hired apartments in another's house; a tenant of part of another's house. See Lodgings. LODGINGS. Habitation in another's house. Wharton's Lex. Apartments in another's house, furnished or unfurnished, occupied for habitation; the occupier being termed a lodger. LODS ET VENTES. Fr. In old French and Canadian law. A fine payable by a roturier, on every change of ownership of his land; a mutation or alienation fine. Steph. Lect. 351. Dunkin's Address, 54, 60. LOGOGRAPHUS. Græco-Lat. In the Roman law. A public clerk, register or book-keeper; one who wrote or kept books of accounts. Dig. 50. 4. 18. 10. Cod. 10. 69. LOI, Loy. L. Fr. Law. Conf. Cart. 25 Edw. I. LOIAL. L. Fr. Lawful. Kelham. Loiala gents de la visne ou tiel fait si fist; lawful people of the neighborhood where the fact was done. Rot. Parl. 4 Hen. IV. cited 1 Rep. in Ch. appx. Loialment; lawfully. Britt. c. 54. LOIER, Loyer. L. Fr. Fee; reward. Kelham. LOKE. O. Eng. Lock; a lock. Ofte treste lokes maketh treuue hynnen. Safe locks often make trusty servants. An old English proverb. Fleta, lib. 2, c. 72, § 3. 1 LOMBARDS. A name given to the merchants of Italy, numbers of whom, during the twelfth and thirteenth centuries, were established as merchants and bankers in the principal cities of Europe. 1 Robertson's Charles V. Appendix, note xxx. Duer on Ins. 33. Introd. Disc. Lect. ii. In a case in the Year Books, a writ was brought vers les Lombards de Londres, (against the Lombards of London.) Pracipe societati Lombardorum Lond' mercatorum de Florence; (command the company of Lombards of London, merchants of Florence.) The defendants were called by the crier, "Le felowship de Lombards." Two Lombards of London appeared. This was objected to as no appearance. Yearb. T. 19 Hen. VI. 11. Longa possessio jus parit. Long possession begets right. Fleta, lib. 3, c. 15, § 6. Longa possessio parit jus possidendi, et tollit actionem vero domino. Long posses sion produces the right of possession, and takes away from the true owner his action. Co. Litt. 110 b. LONGTEYNE, Lointagnes. L. Fr. Remote; distant. Britt. c. 44. Kelham. Longum tempus, et longus usus qui excedit memoria hominum, sufficit pro jure. Long time and long use, exceeding tlie memory of men, suffices for right. Branch's Princ. Co. Litt. 115 a. LONGURE. L. Fr. c. 63. Length. Britt. LOQUELA. L. Lat. [from loqui, to speak.] In old English practice. A plaint, plea or suit. Si loquela fuerit in curia baronis; if the plaint were in a court baron. Bract. fol. 363 b. Reg. Orig. 18 b. A plaint or declaration; the first pleading of a plaintiff. 1 Reeves' Hist. 248. A statement; saying or affirmation. Magna Charta, c. 28. Fleta, lib. 2, c. 63, § 10. An imparlance. Cowell. Blount. Loquendum ut vulgus, sentiendum ut docti. We must speak as the common people, we must think as the learned. 7 Co. 11 b, Calvin's case. In construction of law, words may be taken in their ordinary sense; but when technically used, as in pleading, they are to be taken technically.* See 4 Co. 46 b. 3 Keb. 20. Het. 101. LORD. [Sax. hlaford;. Lat. dominus; Fr. seigniour; Gr. Kuptos.] In English law. A title of 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. Com. 396-400. A title of office, as Lord Mayor, Lord Commissioner, &c. In feudal law. A feudal superior or proprietor; one of whom a fee or estate is held. See Fee, Tenure. LORD ADVOCATE. The chief public prosecutor of Scotland. 2 Alison's Crim: Pr. 84. LORDSHIP. [Lat. dominium.] In old English law. A seigniory; the domain or estate of a lord. A title of honor applied to a nobleman, not a duke; to judges, and some other persons in authority and office. Wharton's Lex. LOST OR NOT LOST. In commercial law. A clause introduced into marine |