A capitation tax; a tax of a specific sum levied upon each person with in the jurisdiction of the taxing power and within a certain class (as, all males of a cer- tain age, etc.) without reference to his property or lack of it. See Southern Ry. Co. v. St. Clair County, 124 Ala. 491, 27 South. 23; Short v. State, SO Md. 392, 31 Atl. 322, 29 L. R. A. 404; People v. Ames, 24 Colo. 422, 51 Pac. 426.
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Lat. To put, place, lay, or set. Often used in the Latin terms and phrases of the old law.
A place for the lading and unlading of the cargoes of vessels, and the col- lection of duties or customs upon imports and exports. A place, either on the sea- coast or on a river, where ships stop for the purpose of loading aud unloading, from whence they depart, and where they finish their voyages. The Wharf Case, 3 Bland (Md.) 361; Packwood v. Walden, 7 Mart. N. S. (La.) S8; Devato v. Barrels of Plumbago (D. C.) 20 Fed. 515; Petrel Guano Co. v. Jarnette (C. C.) 45 Fed. 675; De Longue- mere v. Insurance Co., 10 Johns. (N. Y.) 125. In French maritime law. Burden, (of a vessel;) size and capacity.
Law actually and specifically enacted or adopted by i>roper au- thority for the government of an organized jural society. “A ‘law,’ in the sense in which that term is employed in jurisprudence, is enforced by a sovereign political authority. It is thus distinguished not only from all rules which, like the principles of morality and the so-called laws of honor and of fashion, are enforced by an indeterminate authority, but also from all rules enforced by a determinate authority which is either, on the one hand, superhuman, or, on the other hand, politically subordinate. In order to emphasize the fact that ‘laws,’ in the strict sense of the term, are thus authoritatively imposed, they are described as positive laws.” tloll. Jur. 37.
After the Conquest. Words inserted in the king’s title by King Edward I., and constantly used in the time of Edward III. Tomlins.
After issue born, (raised.) Co. Litt. 19&.
An ofiicer of the United States, appointed to take charge of a local post-oflice aud transact the business of receiving and forwarding the mails at that point, and such other business as is committed to him under the postal laws.
The office of a curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impropriator. 2 Burn. Ecc. Law, 55. The church or benefice tilled by a curate under these circumstances is also so called.
Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. Eq. 649; Pielke v. Railroad Co.. 5 Dak. 444, 41 N. W. 669. The terms “remote damages” and “consequential damages” are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. II. 511, 12 Am. Rep. 147.
Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill. 17 Wash. 582, 50 Pac. 518; Searle v. Railroad Co.. 32 W. Va. 370. 9 S. E. 248; Mclntyre v. Railroad Co., 37 N. Y. 205; Davidson Benedict Co. v. Severson. 100 Tenn.. 572, 72 S. W. 967
TLD Example: The pain and suffering experienced by the victim of an accident cannot be calculated and quantified as easily as medical expenses, lost wages and other pecuniary damages.
A term occasionally used as the equivalent of “exemplary” or “punitive” damages. Murphv v. Hobbs. 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 300
Damages which are expected to follow from the act or state of facts made the basis of a plaintiff’s suit; damages which have not yet accrued, at the time of the trial, but which, in the nature of things, must necessarily, or most probably, result from the acts or facts complained of.
A debt upon which, by agreement between the debtor and creditor, no interest is payable, as
distinguished from active debt; i. c., a debt upon which interest is payable. In this
sense, the terms “active” and “passive” are applied to certain debts due from the
Spanish government to Great Britain. Wharton. In another sense of the words, a debt is
“active” or “passive” according as the person of the creditor or debtor is regarded ; a
passive debt being that which a man owes; an active debt that which is owing to him.
In this meaning every debt is both active and passive,
That which is due or owing by the government of a state or nation. The terms “public debt” and “public securities,” used
in legislation, are terms generally applied to national or state obligations and dues, and
would rarely, if ever, be construed to include town debts or obligations; nor would the
term “public revenue” ordinarily be applied to funds arising from town taxes. Morgan v.
Cree, 46 Vt. 773, 14 Am. Rep. 640.
In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a future debt,
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