One whose claim or demand accrued or came into existence after a given fact or transaction, such as the recording of a deed or mortgage or the execution of a voluntary conveyance. McGhee v. Wells. 57 S. C. 280, 35 S. E. 529, 76 Am. St. Rep. 507; Evans v. Lewis, 30 Ohio St. 14
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Uncompensated, unpaid for, unavenged. From the participle of exclusion, a,
A secret committee of the house of commons is a committee specially appointed to investigate a certain matter, and to which secrecy being deemed necessary in furtherance of its objects, its proceedings are conducted with closed doors, to the exclusion of ail persons not members of the committee. All other committees are open to members of the house, although they may not be serving upon them. Brown
Those created h.v statutes, as distinguished from such as are known to, or cognizable by, the common law.
Equity is the correction of that wherein the law, by reason of its generality, is deficient Plowd. 375.
A supervising officer of revenue in a state government, whose principal duty is the final auditing and settling of all claims against the state. State v. Doron, 5 Nev. 413.
The special allowance of a writ (particularly a writ of error) which is required in some particular cases.
A “condition” Is to be distinguished from a limitation, In that I he latter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grantor, or those who stand in his place, can take advantage of a condition. (IToselton v. Hosel- ton, 100 Mo. 182. 05 S. W. 1005; Stearns v. Gofrey, 10 Me. 15S:) and in that a limitation ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limitation; for in the latter the estate is limited over to a third person, while in case of a simple condition it reverts to the grantor, or his heirs or devisees, (Church v. Grant, 3 Gray [Mass.) 147. 03 Am. Dec. 725.) It differs also from a covenant, which can be made by either grantor or grantee, while only the grantor can make a condition. (Co. Litt. 70.) A charrjc is a devise of land with a bequest out of the subject-matter, and a charge upon the devisee personally, in respect of the estate devised, gives him an estate on condition. A condition also differs from a remainder; for, while the former may operate to defeat the estate before its natural termination. the latter cannot take effect until the completion of the preceding estate.
In English practice. In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special allowances; i. e., to allow the party costs which the ordinary scale does not warrant Sweet.
A contract under seal ; a specialty; as distinguished from one merely oral or in writing not sealed. But in. common usage this term is often used to denote an express or explicit contract, one which clearly defines and settles the reciprocal rights and obligations of the parties, as distinguished from one which must be made out, and its terms ascertained, by the inference of the law from the nature and circumstances of the transaction. Compound words and phrases.
An action of assumpsit is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distinguished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself.
A contract subordinate to another contract, made or intended to be made between the contracting parties, on one part, or some of them, and a stranger. 1 II. Bl. 37, 45. Where a person has contracted for the performance of certain work, (e. g.. to build a house,) and he in turn engages a third party to perform the whole or a part of that which is included in the original contract, (e. g., to do the carpenter work.) his agreement with such third person is called a “subcontract,” and such person is called a “subcontractor.” Central Trust Co. v. Railroad Co. (C. C.) 54 Fed. 723; Lester v. Houston, 101 N. C. 605, 8 S. E. 366.
In practice. Persons who undertake jointly and severally in behalf of a defendant arrested on mesne process in a civil action that, if he be condemned in the action, he shall pay the costs and condemnation, (that Is, the amount which may be recovered against him.) or render himself a prisoner, or that they will pay it for him. 3 Bl. Comm. 291; 1 Tidd, Pr. 245.
The name given to that class of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. 2 Bl. Comm. 324. Otherwise termed “derivative conveyances,” (q. d.)
Irresponsible persons, or men of no property, who make a practice of going bail for any one who will pay them a fee therefor.
The conviction of a person, (usually for a minor misdemeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by statute in England and in many of the states. In these proceedings there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only as the statute has appointed to be his judge. A conviction reached on such a magistrate’s trial is called a “summary conviction.” Brown; Blair v. Com., 25 Grat. (Va.) 853.
Lunacy, at the common law, was a term used to describe the state of one who, by sickness, grief, or other accident, has wholly lost his memory and understanding. Co. Litt 2406, 247a; Com. v. Haskell, 2 Brewst (Pa.) 490. It is distinguished from idiocy, an idiot being one who from his birth has had no memory or understanding, while lunacy implies the possession and subsequent loss of mental powers. Bicknell v. Spear, 38 Misc. Rep. 3S9, 77 N. T. Supp. 920. On the other hand, luuacy is a total deprivation or suspension of the or- dinary powers of the mind, and Is to be distinguished from imbecility, where there is a more or less advanced decay and feebleness of the intellectual faculties. Iu re Vanaukeu, 10 N. J. Eq. 180, 195; Odell v. Buck, 21 Wend. (N. Y.) 142. As to all other forms of insanity, lunacy was originally distinguished by the occurrence of lucid intervals, and hence might be described as a periodical or recurrent insanity. In re Anderson, 132 N. C. 243, 43 S. E. 049; Hiett v. Shull, 3(5 W. Va. 503, 15 S. E. 140. But while these distinctions are still observed in some jurisdictions, they are more generally disregarded; so that, at present, in inquisitions of lunacy and other such proceedings, the term “lunacy” has almost everywhere come to be synonymous with “insanity,” and is used as a general description of all forms of derangement or mental unsouuduess, this rule being established by statute in many states and by judicial decisions in others. In re Clark, 175 N. Y. 139, 07 N. I’i 212; Smith v. Hickenbot- tom, 57 Iowa, 733, 11 N. W. 004; Casou v. Owens, 100 Ga. 142, 28 S. E. 75; In re Ilill, 31 N. J. Eq. 203. Cases of arrested mental development would come within the definition of lunacy, that is, where the patient was born with a normal brain,,but the cessation of mental growth occurred in infancy or so near it that he never acquired auy greater intelligence or discretion than belongs to a normally healthy child. Such a subject might be scientifically denominated an “idiot,” but not legally, for in law the latter term is applicable only to congenital amentia. The term “lucid interval” means not an apparent tranquility or seeming repose, or cessation of the violent symptoms of the disorder, or a simple diminution or remission of the disease, but a temporary cure
point of law. Wharton; Ilaggart v. Morgan, 5 X. Y. 422. 55 Am. Dec. 350; Evans v. Southern Turnpike Co., 18 Ind. 101. The plea of HOW est factum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the execution of the instrument is alleged to be the act of the party tiling the plea, or adopted by him. Code Ga. 1SS2.
A particular or local custom: one which, in respect to the sphere of its observance, does not extend throughout the entire state or country, but is confined to some particular district or locality. 1 Bl. Comm. 67; Bodfish v. Fox, 23 Me. 95, 39 Am. Dec. 611.
Prospective or anticipated damages from the same acts or facts constituting the present cause of action, but which depend upon future developments which are contingent, conjectural, or improbable.
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