In canon law. Compa- ternity; spiritual affinity.
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The unit of weight in the metric system. The gramme is the weight of a cubic centimeter of distilled water at the temperature of 4.
A slang term for a woman separated from her husband by abandonmentor prolonged absence; a woman living apart from her husband. Webster.
A colloquial expression to signify a time indefinitely remote, therebeing no such division of time known to the Greeks.
In Saxon law. Peace; protection.
In old European law. A pledge. Spelman; Calvin. A custom. Spelman.Spelled also “wadla.”
In old English law. That which was given for safe conduct through astrange territory, or another’s territory. Cowell.The office of guiding of travelers through dangerous and unknown ways. 2 Inst. 520.
Waif, or waived; that which has been stolen and afterwards dropped in thehighway for fear of a discovery. Cowell.
Such a measure of care, prudence, and assiduity as persons of unusual prudence and discretion exercise in regard to anyand all of their own affairs, or such as persons of ordinary prudence exercise in regardto very important affairs of their own. Railway Co. v. Rollins. 5 Kan. 180; Litchfield v.White, 7 N. y. 438. 57 Am. Dec. 534: Rev. Codes N. Dak. 1S99,
writ of. A writ formerly issued in the real action of quare impcdit, when noappearance had been entered after the attachment; it commanded the sheriff todistrain the defendant’s lands and chattels in order to compel appearance. It is nolonger used. 23 & 24 Vict. c. 126, 5 20. having abolished the action of quare impcdit.and substituted for it the procedure in an ordinary action. Wharton.
The gross earnings of a business or company are the total receipts before deducting expenditures. Net earnings are the excess of the gross earnings over the expenditures defrayed in producing them, and aside from and exclusive of capital laid out in constructing and equipping the works or plant. State v. Railroad Co., 30 Minn. 311. 15N. W. 307; People v. Roberts, 32 App. Div. 113, 52 N. Y. Supp. 859; Cincinnati, S. & C.It. R. Co. v. Indiana. B. & N. Ity. Co., 44 Ohio St. 287, 7 N. E. 139; Mobile & O. R. Co.v. Tennessee. 153 U. S. 480. 14 Sup. Ct. 90S. 38 L. Ed. 703; Union Pac. R. Co. v. U. S.,99 U. S. 420, 25 L. Ed. 274; Cotting v. Railway Co., 54 Conn. 150, 5 Atl. 851.
(1) One at which the officers to be elected are such as belong to the general government,
In English law. The name of an instrument used for the transfer of a ship while she is at sea. An expression which is understood to refer to the instrument whereby a ship was originally transferred from the builder to the owner, or first purchaser. 3 Kent, Comm. 133. 9. In the law of negotiable Instruments. A promissory obligation for the payment of money. Standing alone or without qualifying words, the term is understood to mean a bank note, United States treasury note, or other piece of paper circulating as money. Green v. State, 28 Tex. App. 493, 13 S. VV. 785; Keith v. Jones, 9 Johns. (N. Y.) 121; Jones v. Fales, 4 Mass. 252.
A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 105, et seq. It was called a “cape,” from the word with which it commenced, and a “grand cape” (or cape magnum) to distinguish if from the petit cape, which lay after appearance.
A term used in the old ecclesiastical law to denote a period of forty days.
Lat. A stag or deer
A species of challenge for cause, being an objection to a particular juror, to the effect that the juror is disqualified from serving in any case. Pen. Code Cal.
A charge or instruction by the court to the jury upon the case as a whole, or upon its general features or characteristics.
Charity, in its widest sense, denotes all the good affections men ought to bear towards each other; in a restricted and common sense, relief of the poor. Morice v.
Gratuitous contracts are those of which the object is the benefit of the person with whom it is made, without any profit or advantage received or promised as a consideration for it. It is not, however, the less gratuitous if it proceed either from gratitude for a benefit before received or from the hope of receiving one hereafter, although such benefit be of a pecuniary nature. Onerous contracts are those in which something is given or promised as a consideration for the engagement or gift, or some service, interest, or condition is imposed on what is given or promised, although unequal to it in value. Civ. Code La. 1700, 1707; Penitentiary Co. v. Nelms, 05 Ga. 505, 38 Am. Rep. 793. Mutual interest, mixed, etc. Contracts of “mutual interest” are such as are entered into for the reciprocal interest and utility of each of the parties; as sales, exchange, partnership, and the like. “Mixed” contracts are those by which one of the parties confers a benefit on the other, receiving something of inferior value in return, such as a donation subject to a charge. Contracts “of beneficence” are those by which only one of the contracting parties is benefited ; as loans, deposit and mandate. Poth. Obi. 1, 1, 1, 2. A conditional contract is an executory contract the performance of which depends upon a condition. It is not simply an executory contract, since the latter may be an absolute agreement to do or not to do something, but it is a contract whose very existence and performance depend upon a contingency. Railroad Co. v. Jones, 2 Cold. (Tenn.) 584; French v. Osmer, 67 Vt. 427, 32 Atl. 254. Constructive contracts are such as arise when the law prescribes the rights and liabilities of persons who have not in reality entered into a contract at all. but between whom circumstances make it just that one should have a right, and the other be subject to a liability, similar to the rights and liabilities in eases of express contract. Wickham v. Weil (Com. I’l.) 17 N. Y. Supp. 518: Graham v. Cummings, 208 Pa. 516, 57 Atl. 943; Robinson v. Turrentine (C. C.) 59 Fed. 559; Hertzog v. Ilertzog, 29 Pa. 465
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