LANDS AND TENEMENTS, (includes what). 11 Mod. 104. (in a deed). 1 Yeates (Pa.) 429 n. LANDS AND TENEMENTS, ALL MY, (in a will). 4 Wheel. Am. C. L. 383. LANDS AND TENEMENTS, ALL MY, WHEREVER SITUATED, (in a grant). 10 Paige (N. Y.) 140. LANDS AND TENEMENTS OF THE DEBTOR, (in 421 of the Code). 31 Ohio St. 175. LANDS, TENEMENTS AND HEREDITAMENTS, estate). 3 Hayw. (N. C.) 61. LANES, (in a statute). 12 Allen (Mass.) 77. Inst. 5. LANGEOLUM.-An undergarment made reached to their knees. Mon. Angl. 419.. of wool, formerly worn by the monks, which LANGUIDUS.-Sick; in ill health. A return made by a sheriff to a writ, when the removal of a person in his custody would endanger his life. LANGUISHING, (in return to habeas corpus). 2 Tyler (Vt.) 269. LANGUISHING, DID LIVE, (in an indictment). Add. (Pa.) 173. LANIS DE CRESCENTIA WAL TUMA, &c.-An ancient writ that lay to the customer of a port to permit one to pass wool without paying custom, he having paid it before in Wales.-Reg. Orig. 279. LANDS CLAUSES CONSOLIDATION ACT, 1845.-This is the Stat. 8 and 9 Vict. c. 18, and is in general incorporated (or some specified portions thereof) are incorporated in every act (called "special act"), passed to authorize some undertaking of a public character, and for the effectuating of whose objects lands must be acquired. The act provides for the purchase of lands by agreement between the promoters of the undertaking and the owners of the lands required to be taken; and also for the acquisition of the necessary lands by means other than agreement, in which latter case the amount of the compensation for the lands taken is to be settled either by the verdict of a jury or by arbitration. In the case of persons under disabil-LIA TRADUCENDIS ABSQUE CUSity or absent from the kingdom, valuation is the mode of ascertaining their proportion of the purchase or compensation money. Usually the costs are borne by the promoters. The act provides forms of conveyance to the promoters, and the execution of such conveyances has the effect of vesting in the promoters the fee-simple of the lands purporting to be thereby conveyed, free of all terms of years, and of all tails, and other qualifications whatsoever; but conveyances of copyhold lands must (like other conveyances of such lands) be enrolled on the court rolls, and must be thereafter enfranchised. The promoters may also redeem mortgages on the lands purchased or taken, and may procure the release of rent charges and the surrender of leases, upon such terms as they can agree upon, or (failing agreement) as can be settled by the verdict of a jury, or by arbitration in the usual way. Superfluous lands may be sold by the promoters, the original owner thereof having the option of repurchase, and after him the nearest adjoining owners, unless the land is situate within a town, or is building land, or land built upon.-Brown. LANDS IN POSSESSION, FREEHOLD, (in articles of marriage settlement). Cas. t. Talb. 80. LANDS LYING NEAR CANAL, (in poor rate law). L. R. 6 Q. B. 173. LANDS OF A LIKE QUALITY, (in canal company's special act). 3 Q. B. D. 73. LANO NIGER.-A sort of base coin, formerly current in England.—Cowell. LAPIDATION.-The act of stoning a per son to death. LAPIS MARMORIUS.-A marble stone about twelve feet long and three feet broad, placed at the upper end of Westminster hall, where was likewise a marble chair erected on the middle thereof, in which the English sovereigns anciently sat at their coronation dinner, and at other times the lord chancellor. LAPSE. 1. Devise, or legacy.-As a general rule, when a person to whom property has been devised or bequeathed dies before the testator, the devise or bequest fails or lapses, and the property goes as if the gift had not been made; consequently, if a testator bequeaths $100 to A., (or to A., "his executors or administrators,") and the residue of his property to B., then, if LANDS, TENEMENTS AND A. dies during the life-time of the testator, HEREDITAMENTS.-The tech- the legacy lapses and falls into the residue, nical and most comprehensive description of real property, as "goods and chattels" is of personalty. Wms. Real Prop. 5. See HEREDITAMENT; LAND; TENEMENT. LANDS, TENEMENTS AND HEREDITAMENTS, (in tax act). Wilberf. Stat. L. 180. 559, 560, 625, 687. (in a will). 3 Bro. Ch. 99; 2 Vern. i. e. it goes to B. on the testator's death. (Wms. Ex. 1118; Wats. Comp. Eq. 1196.) There are, however, some exceptions to the rule. Thus, if property is given to several persons as joint tenants, on the death of one during the life-time of the testator the whole goes to the survivors. And if land is given to a person in tail who dies before the testator, leaving issue capa- ble of taking under the entail, the land goes as if the devisee had died immedi- ately after the testator. (Stat. 1 Vict. c. 26, 32.) And if a testator bequeaths (or devises) property to a child or other de- scendant of himself, and the legatee dies leaving issue, who survive the testator, the legacy (or devise) does not lapse, but takes? 2. 4 Steph. Com. 119. effect as if the legatee had died immedi- EMBEZZLEMENT; GRAND LARCENY. ately, after the testator. Id. ? 33. 25 Vict. c. 96, passim; Greaves Crim. Acts 98 et seq. As to summary convictions for larceny, see Stone Just. 350, 360. 2. Benefice.-In ecclesiastical law, a lapse 2. In some jurisdictions, larceny is dis- tinguished as grand or petty, according as Conn. 156; 23 Ind. 21; 7 Gray (Mass.) 43; 6 C. C. 493; 1 McAll. (U.S.) 196; 24 Cal. 14; 28 Id. 380; 26 Ind. 101; 57 Id. 341; 46 Iowa 116; 1 Hun (N. Y.) 19; 12 Hun (N. Y.) 127; 53 N. Y. 111; 67 Id. 322; 3 Thomp. & C. (N. Y.) 82; 3 Park. (N. Y.) Cr. 579; 2 Brewst. (Pa.) 570; 37 Tex. 337; 10 Wash. L. Rep. 117. (what is not). 8 Port. (Ala.) 461; 57 Ind. 102; 9 Nev. 48; 3 Park. (N. Y.) Cr. 579; (what is not a charge of). 1 Stew. to petitioner for land. A patent for which land to another party has lapsed through neglect of patentee. The lapse patent re-derer, or clerk of the kitchen.—Cowell. lates to date of original patent, and makes void all mesne conveyances. (1 Wash. LARCENY.-NORMAN-FRENCH: larcyn, 1. The wrongful or fraudulent taking LARDING MONEY.-In the manor of LASHITE, or LASHLITE. A kind LAST.-A burden; a weight or measure of LAST COURT.-A court held by the twenty-four jurats in the marshes of Kent, and summoned by the bailiffs, whereby orders are made to lay and levy taxes, impose penalties, LASTAGE, or LESTAGE.-A custom exacted in some fairs and markets to carry things bought whither one will. But it is more accurately taken for the ballast or lading of a ship. Also, custom paid for wares sold by the last, as herrings, pitch, &c. Lata culpa dolo æquiparatur: Gross negligence is tantamount to fraud. This maxim is only another form of the English one, "Every man is taken to intend that which is the natural consequence of his actions." LATCHING.-An underground survey. LATE, (ir an affidavit, as applied to residence). 11 East 528 (in an indictment). 3 Car. & P. 415 n.; Russ. & Ry. C. C. 415; 4 T. R. 541; 1 Chit. Cr. L. 209, 210; Stark. Cr. Pl. 55. (in a will). 12 Ves. 280. (construed to mean "existing not long ago"). 17 Ala. 190. LATE A RESIDENT OF THIS PLACE, (con strued). 7 Cal. 215. LATE CONSTABLE, (in state of demand). 1 Harr. (N. J.) 47. LATE SHERIFF, (in a venire facias). Cro. Car. 570. (indorsed on the return of a writ). Cro. Car. 189. LATE THE HUSBAND OF, (in an indictment). Dyer 46 b. LATIFUNDIUM.-In the civil law, great or large possessions; a great or large field; a common. (Ainsw.) A great estate made up of smaller ones (fundus), which began to be comCiv. Law, Introd. p. 17.)—Bouvier. mon in the latter times of the empire. (Schmidt LATIFUNDUS.-An owner of a large estate made up of smaller ones.-Du Cange. Coke. (2 Inst. 515.) It is suggested that it LATIMER.-An interpreter, according to should be latiner, because he who understood Latin might be a good interpreter. Camden makes it signify a Frenchman or interpreter. Wharton. LATIN.-The language of the ancient Ro mans. There are three sorts of law Latin: (1) Good Latin, allowed by the grammarians and in times past would abate original writs; though lawyers. (2) False or incongruous Latin, which it would not make void any judicial writ, declaration, or plea, &c. (3) Words of art, known only to the sages of the law, and not to grammarians, called "lawyers' Latin." (1 Lit. Abr. 146.) But proceedings are now written in English. (4 Geo. II. c. 26.)-Wharton. LATINARIUS.-An interpreter of Latin. "Cives Romani" and "Dediticii." LATINI JUNIANI.—In the Roman law, a class of freedmen (libertini) intermediate between the two other classes of freedmen called respectively Slaves under thirty years of age at the date of their manumission, or manumitted otherwise than by vindicta, census, or testamentum, or not the time of manumission, were called "Latini.” the quiritary property of their manumissors at By reason of one or other of these three defects, LATENT AMBIGUITY.-See AM- their manumission, but were protected in their they remained slaves by strict law even after LATE THE PROPERTY OF, (in a deed). 3 Pa. 328. LATELY, (relates backward, how Show. 294. BIGUITY. far). 2 liberties first by equity, and eventually by the Lex Junia Norbana, A. D. 19, from which law LATENT AMBIGUITY, (defined). 3 Halst. (N. they took the name of Juniani in addition to J.) 72; 7 Id. 309. that of Latini.-Brown (what is not). 10 Ohio St. 534. LATENT DEED, (defined). 2 Halst. (N. J.) 175. LATITAT.-He lies hid. A writ, whereby all persons were originally summoned to answer in personal actions in the Queen's Bench; so though rarely, on occasions of any remarkable called because it is supposed by the writ that the victory. The annual birthday ode has been disdefendant lurks and lies hid, and cannot be found continued for many years. The title is derived in the county of Middlesex (in which the court from the circumstance that in classical times, is holden) to be taken by bill, but has gone into and in the middle ages, the most distinguished some other county, to the sheriff of which this poets were solemnly crowned with laurel. From writ was directed to apprehend him there. (F. this the practice found its way into English N. B. 78; Termes de la Ley; 2 Bl. Com. 286.) universities; and it is for that reason that SelAbolished by the 2 Will. IV. c. 39. den, in his Titles of Honor, speaks of the laurel crown as an ensign of the degree of mastership in poetry. A relic of the old university practice of crowning distinguished students of poetry exists in the term "Laureation," which is still used at one of the Scotch universities (St. LATROCINATION.-The act of rob- Andrew's) to signify the taking of the degree of Master of Arts.- Wharton. LATOR.-A bearer; a messenger. LATRO.-A thief; a robber. bing; a depredation. LATROCINIUM.-The prerogative of adjudging and executing thieves; also, larceny, theft; a thing stolen. LATROCINY.-Larceny. LAVATORIUM.-A laundry or place to wash in; a place in the porch or entrance of LATTER-MATH.-A second mowing; cathedral churches, where the priest and other the after-math (q. v.) officiating ministers were obliged to wash their. hands before they proceeded to divine service. LATTER PART OF THE MONTH, (means what). 4 Ind. 488. LAW.-SCANDINAVIAN: lag; ANGLO-SAXON: lagu; NORMAN FRENCH: ley. For details as to the LAUDARE.-To advise or persuade; to history and etymology of the word "law" see two articles by Charles Sweet, in the Law Magazine (London) for June and July, 1874. arbitrate. LAUDATIO.-Testimony delivered in court concerning an accused person's good behavior and integrity of life. It resembles the practice which prevails in our trials, of calling persons to speak to a prisoner's character. The least number of the laudatores among the Romans was ten.- Wharton. LAUDATOR.-An arbitrator. LAUDEMIUM.-In the Roman law, a fine payable to the dominus upon any alienation of his emphyteusis by the emphyteuta to a purchaser, such purchaser not being the dominus himself. It is very similar to the fine paid by a copyholder to his lord upon an alienation of the copyhold tenement.-Brown. 1. This word is used in two principal senses, the idea common to both of them being uniformity of action. In one sense the name "law" is merely the expression for a uniformity of action which has been observed; as when we speak of the laws of gravitation, or say that crystals are formed according to certain laws; here the law follows from the uniformity. In the other sense, the law produces the uniformity, i. e. the law is a rule of action. 2. Law of nature.-To this latter class belong the law of nature (using that term in the sense of rules imposed on man LAUDUM.-An arbitrament or award.- by his Maker*) and laws of human origin. Wals. LAUGHE.-Frank-pledge. 2 Reeves Hist. Engl. L. 17. LAUNCEGAY.-A kind of offensive weapon, now disused, and prohibited by 7 Rich. II. c. 13. Human laws, again, are either (1) social (such as the so-called laws of honor, morality, &c.,) or (2) political, the latter being divisible into (a) international law, and (b) law capable of judicial enforcement, or law in the technical sense of the word. As to international law, see that LAUND, or LAWND.-An open field title. without wood.-Blount. LAUREATE, or LAUREAT.-An officer of the household of the English sovereign, whose business formerly consisted only in composing an ode annually, on the sovereign's birthday, and on the new year; sometimes also, Law, as the subject of jurisprudence, is used in three senses. ? 3. Territorial, or municipal.-In its widest sense, law is an aggregate of rules enforceable by judicial means in a given *1 Bl. Com. 39. Rightly called by Austin, those natural laws which apply to animals and (88) "the law of God," to distinguish it from things. country. Thus, we speak of the law of England, as opposed to the law of France, or the Roman law. This kind of law is called "territorial," or "municipal" law, to distinguish it from international law (8 Sav. Syst. passim), and is of the following kinds: " not directly concerned, as in the relations between husband and wife, parent and child, and in the various kinds of property, contracts, torts, trusts, legacies, the rights recognized by the rules of admiralty law, &c. (See ADMIRALTY; COMMON LAW; EQUITY.) Even here, however, the of the indirect effects of private conduct on the community in general; they accordingly refuse to sanction contracts which are immoral, or in restraint of trade or marriage, or are otherwise against public policy. See PUBLIC POLICY. ? 4. Judicial precedents-Stat-courts take cognizance, to a certain extent, utes--Custom.-With reference to its origin, law is derived either from judicial precedents, from legislation, or from custom. That part of the law which is derived from judicial precedents is called 'common law," "equity," or "admiralty,” “probate,” or ecclesiastical law," according to the nature of the courts by which it was originally enforced. (See the respective titles.) That part of the law which is derived from legislation is called the "statute law." Many statutes are classed under one of the divisions above mentioned, because they have merely modified or extended portions of it, while others have created altogether new rules. That part of the law which is derived from custom is sometimes called the "customary law," as to which, see CUSTOM. 5. Written, and unwritten.-The ordinary, but not very useful, division of law into written and unwritten, rests on the same principle. The written law is the statute law, the unwritten law is the common law (q. v.) 1 Steph. Com. 40, following Blackstone. 26. Public Constitutional Administrative.-With reference to its subject-matter, law is either public or private. Public law is that part of the law which deals with the State, either by itself or in its relations with individuals, and is called (1) "constitutional," when it regulates the relations between the various divisions of the sovereign power, and (2) "administrative," when it regulates the business which the State has to do. The most important branches of the latter class are (a) the criminal law and the law for the prevention of crimes; (b) the law relating to education, public health, the poor, &c.; (c) ecclesiastical law, and (d) the law of judicial procedure-courts of law, evidence, &c. 28. Substantive, and adjective.Law is also divided by the Benthamite school into substantive and adjective. Substantive law is that part of the law which creates rights and obligations, while adjective law provides a method of enforcing and protecting them. In other words, adjective law is the law of procedure. Holl. Jur. 61, 238. 9. In a narrower sense, "law" signifies a rule of law, especially one of statutory origin; and hence, 10. In its narrowest sense, "law" is equivalent to "statute," as when we speak of the poor laws, the corn laws, &c. As to the distinction between law and fact, see FACT. LAW, (in a statute). 19 Abb. (N. Y.) Pr. 416. (when customs become). 1 Root (Conn.) Introduction XII.; 2 Nott & M. (S! C.) 9. LAW AGENTS.-By the 36 and 37 Vict. c. 63, the law relating to law agents (solic itors) practicing in Scotland is amended, and new provisions are made in regard to their ad mission. LAW ARBITRARY.-Opposed to immutable, a law not founded in the nature of things, but imposed by the mere will of the legislature. security for peaceable behavior; security to LAW BURROWS.-In the Scotch law, keep the peace. Properly, a process for obtaining such security.-Bell Dict. LAW, COMMON, (in United States constitution). 3 Pet. (U. S.) 447. (on the subject of interest). 5 Cow. (in a statute). 8 Pick. (Mass.) 316. (N. Y.) 632. 7. Private, or civil. Private or civil law deals with those relations be- LAW COURT OF APPEALS.tween individuals with which the State is An appellate tribunal, in South Carolina, |