In Roman law. A tenant; one who hires and occupies another’s house; but particularly, a tenant of a hired house in a city, as distinguished from colo- nus, the hirer of a house or estate in the country. Calvin.
Evil advice or counsel. Cowell.
In pleading and practice. Solicitation, properly of an earnest or urgent kind. An act is often said to be done at a party’s “special instance and request.” In the civil and French law. A general term, designating all sorts of actions and judicial demands. Dig. 44, 7, 58. In ecclesiastical law. Causes of in stance are those proceeded in at the solicitation of some party, as opposed to causes of office, which run in the name of the judge. Hallifax, Civil Law, p. 156. In Scotch law. That which may be insisted on at one diet or course of probation. Wharton.
In French criminal law. The first process of a criminal prosecution. It includes the examination of the accused, the preliminary interrogation of witnesses, collateral investigations, the gathering of evidence, the reduction of the whole to order, and the preparation of a document containing a detailed statement of the case, to serve as a brief for the prosecuting officers, and to furnish material for the indictment.
Used chiefly in the law of taxation, this term means such property as has no intrinsic and marketable value, but is merely the representative or evidence of value, such as certificates of stock, bonds, promissory notes, and fran- chises. See Western Uniou Tel. Co. v. Norman (C. C.) 77 Fed. 26.
Between other persons; between those who are strangers to a matter in question.
By way of exchange or interchange. This term properly denotes the method of signing deeds, leases, contracts, etc., executed in duplicate, where each party signs the copy which he delivers to the other. Roosevelt v. Smith, 17 Misc. Rep. 323, 40 N. Y. Supp. 381
In the popular sense, this term denotes the contracting of a marriage relation between two persons considered as members of different nations, tribes, families, etc., as, between the sovereigns of two different countries, between an American and an alien, between Indians of different tribes, between the scions of different clans or families. But, in law, it is sometimes used (and with propriety) to emphasize the mutuality of the marriage contract and as importing a reciprocal en- gagement by which each of the parties “marries”‘ the other. Thus, in a pleading, instead of averring that “the plaintiff was married to the defendant,” it would be proper to allege that “the parties intermarried” at such a time and place.
Interpretare et concordare leges leg- ibus, est optimiis interpretandi modus. I’D interpret, and [in such a way as] to harmonize laws with laws, is the best mode of interpretation. 8 Coke, 169a. Interpretatio chartarum benigne faci- enda est, ut res magis valeat quam pereat. The interpretation of deeds is to be liberal, that the thing may rather have effect than fail. Rroom, Max. 543. Interpretatio fienda est nt res magis valeat quam pereat. Jenk. Cent. 108. Such an interpretation is to be adopted that the thing may rather stand than fall. Interpretatio talis in ambiguis semper fienda est ut evitetur inconveniens et absurdum. In cases of ambiguity, such an interpretation should always be made that what is inconvenient and absurd may be avoided. 4 Inst. 328.
Lat. In the civil and old English law. An intestate; one who dies without a will. Dig. 50, 17, 7. Intestatus decedit, qui ant omnino test anion turn non fecit; ant non jure fecit; aut id quod fecerat ruptum irri- tumve factum est; aut nemo ex eo hsercs exstitit. A person dies intestate who either has made no testament at all or has made one not legally valid; or if the testament he has made be revoked, or made useless; or if no one becomes heir under it. Inst. 3, 1, pr.
An encroachment upon the rights of another; the incursion of an army for conquest or plunder. Webster. See ^Etna Ins. Co. v. Boon, 95 U. S. 129, 24 L. Ed. 395. ?
Lat. Being unwilling. Against or without the assent or consent.
Lat. So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary’s register when the same are made by the successor in office of the notary who made the original entries.
The state of being in debt, without regard to the ability or inability of the party to pay the same. See 1 Story, Eq. Jur. 343; 2 Hill, Abr. 421. The word implies an absolute or complete liability. A contingent liability, such as that of a surety before the principal has made default, does not constitute indebtedness. On the other hand, the money need not be immediately payable. Obligations yet to become due constitute indebtedness, as well as those already due. St. Louis Perpetual Ins. Co. v. Goodfellow, 9 Mo. 149.
A deed to which two or more persons are parties, and in which these enter into reciprocal and corresponding grants or obligations towards each other; whereas a deed-poll is properly one in which only the party making it executes it, or binds himself by it as a deed, though the grantors or grantees therein may be several in number. 3 Washb. Real Prop. 311; Scott v. Mills, 10 N. Y. St. Rep. 35S; Bowen v. Beck, 94 X. Y. 89. 40 Am. Rep. 124; Hopewell Tp. v. Am- well Tp., 0 N. J. Law, 175. See
Charged in an indictment with a criminal offense. See INDICTMENT.
To write a name on tie back of a paper or document Bills of exchange and promissory notes are indorsed by a party’s writing his name on the back. Hart- well v. Ilemmeuway, 7 Pick. (Mass.) 117. “Indorse” is a technical term, having sufficient legal certainty without words of more particular description. Brooks v. Edson, 7 Vt. 351.
Disqualification or legal incapacity to be elected to an ollice. Thus, an alien or naturalized citizen is ineligible to be elected president of the United States. Carroll v. Green, 148 Ind. 302, 47 N. E. 223; State v. Murray, 28 Wis. 99, 9 Am. Rep. 4S9.
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