for hearing appeals from the courts of law. -Bouvier.

LAW DAY, (what is). 24 Ala. 149; 10 Conn. 280; 21 N. Y. 343, 345, 365, 367.

LAW LORDS.-Peers in the British parliament who have held high judicial office, or have been distinguished in the legal profession.however, did not mean the law governing Mozley & W.

the conduct of States in their relations with one another, but those rules of law The military which are common to all civilized nations, vocaturque jus gentium quasi quo jure omnes gentes utuntur." Just. Inst. I. ii.

LAW OF NATURE.-See LAW, & 2 and note.

P. D. 26, 35.
LAW OF PARLIAMENT, (in reform act). 2 C.

LAW OF PLACE.-See LEX LOCI.

LAW OF THE LAND.-Due process of law (q. v.)

LAW OF THE LAND, (defined). 6 Pa. St. 87; 1 Kent Com. 600. Heisk. (Tenn.) 186; 2 Yerg. (Tenn.) 270; 10 (what constitutes). 37 Me. 165; 6 Id. 59; 2 Tex. 251.

(equivalent to "due process of law"). 34 Ala. 216, 236; 60 Me. 504; 5 Mich. 251; 50 Miss. 468; 1 N. H. 53; 4 Hill (N. Y.) 146; 6 Pa. St. 87, 91; 73 Id. 370; 2 Kent Com. 13.

lature).
102.

(in pleading). Gould Pl. 183. LAWFULLY BEGOTTEN, (in a will). 2 Harr. & J. (Md.) 69, 372; 5 d. 10; 4 Halst. (N. J.) LAWFUL.-Legal; sanctioned by 14; 3 Binn. (Pa.) 382; 2 Yeates (Pa.) 409; 4

LAY DAYS, or LAYING DAYS. -In the law of merchant shipping, the days which are allowed by a charter-party for loading and unloading the ship. If the vessel is detained beyond the period allowed, demurrage (q. v.) becomes payable. 2 Steph. Com. 141. See CHARTERPARTY.

LAY FEE.-Lands held in fee of a lay lord, as distinguished from those lands which belong to the church.

LAZARET, or LAZARETTO.-Places

where quarantine is to be performed by persons
them is felony. 6 Geo. IV. c. 78, ¿ 21.
coming from infected countries. To escape from

LAZZI.-A Saxon term for persons of a servile condition.

LE CONGRES.-A species of proof on charges of impotency in France, coitus coram testibus. Abolished A. D. 1677.

Le ley est le plus haut enheritance que le roy ad, car per le ley il mesme et touts ses sujets sont rules, et si le ley ne fuit, nul roy ne nul enheritance Serra (1 J. H. 6, 63): The law is the highest inheritance that the king possesses; for, by the law, both he and all his subjects are ruled; and if there were no law, there would be neither king nor inheritance.

LAY IMPROPRIATORS.-Lay persons to whose use ecclesiastical benefices have been annexed. At the dissolution of the monasteries by Stat. 27 Hen. VIII. c. 28, and 31 Hen. VIII. c. 13, the appropriations of the several parsonages which belonged to them were given to the king. The same had been done in former reigns when the alien priories were dissolved LE ROY (or LA REINE) LE VEUT. and given to the crown. From these two roots-The king (or the queen) wills it. The form have sprung all the lay impropriations or secu- of the royal assent to public bills in parliament. lar parsonages, they having been afterwards granted out from time to time by the crown to laymen. See APPROPRIATION.

LAY INVESTITURE OF BISHOPS. -Putting a bishop into possession of the temporalities belonging to his bishopric.

LAY OUT, (in a statute). 7 Metc. (Mass). 84. (in statute relating to highways). 19 Conn. 597; 28 Id. 363; 24 Wend. (N. Ý.) 491. LAY OUT MONEY ON SECURITY, (in a will). 5 Madd. 368.

LAY OUT THE ROAD, (meaning of). 11 Ired. (N. C.) L. 94.

LAY PEOPLE.-Jurymen.

LAY, TO.-To allege, to state, &c., e. g. "No inconvenience can arise to the de

fendant from either mode of laying the assault." 2 Bos. & P. 427; 6 Mod. 38.

LAYE.-Law.

LAYING OF STOCK, (in mechanics' lien laws). 3 Minn. 86; 8 Id. 34.

LAYING OUT, (in a statute). 121 Mass. 382; 123 Id. 289; 60 How. (N. Y.) Pr. 293.

LAYING UP, (defined). 10 Barn. & C. 714.

LAYING THE VENUE.-Stating in the margin of a declaration the county in which the plaintiff proposes that the trial of the action shall take place. See VENUE.

LAYMAN.—(1) One of the people, and not of the clergy; (2) one who is not of the legal profession.

LAYSTALL.-A place for dung or soil.

LE ROY (or LA REINE) REMERCIE SES LOYAL SUJETS, ACCEPTE LEUR BENEVOLENCE, ET AINSI LE VEUT.-The king (or the queen) thanks his (or her) loyal subjects, accepts their benevolence, and therefore wills it to be so. form of the royal assent to a bill of supply.

The

LE ROY (or LA REINE) S'AVISERA.-The king (or the queen) will consider of it. The form of words used to express a denial of the royal assent.

LE ROI (or LA REINE) VEUT EN DELIBERER.-The king will deliberate on it. The formula which was used when the king intended to veto an act of the legislative assembly.

loi (Mont. Esp. des Lois, 1. xxvii., ch. 23): The Le salut du peuple est la supreme safety of the people is the highest law.

LEA, or LEY.-A pasture. Co. Litt. 4 b.

LEADING A USE.-When lands were conveyed by fine or recovery, the legal seisin and estate became thereby vested in the cognizee or demandant. But if the owner of the estate declared his intention that such fine or recovery should enure or operate to the use of a third person, a use immediately arose to such demandant, and the Statute of Uses transferred third person out of the seisin of the cognizee or the actual possession to such use, without any entry on the part of such third person. The deed by which the owner of the estate so declared his intention with regard to the lands thus conveyed was termed either a "deed to lead executed prior to levying the fine, or suffering the uses," or a "deed to declare the uses;" when the recovery, it bore the former appellation; when executed subsequently thereto it bore the latter. (1 Cru. Dig. 396) -Brown.

LEAKAGE, (in marine policy). 107 Mass 140; 9 Am. Rep. 14.

LEAL-Loyal; belonging to law.

LEAP-YEAR.-See BISSEXTILE.

LEARNING.-Doctrine. 1 Leon. 7:

LEASE.—

LEADING CASE.-A judicial decision or precedent settling the principles of a branch of law. Thus, Coggs v. Bernard is the leading case on the law of bailments (q. v.) Mr. J. W. Smith published an excellent selection of leading cases, principally illustrating rules of the common law. His example has been followed by Messrs. White and Tudor in their leading cases in equity, and by Mr. Tudor in his leading cases in conveyanc-erally, but not necessarily, land or building and mercantile law. Some excellent versions of the principal leading cases have been published anonymously under the title of "Leading Cases done into English."

1. A lease is in effect a conveyance or grant of the possession of property (gen

ings) to last during the life of a person, or for a term of years or other fixed period, or at will, and usually with the reservation of a rent. Leases for a life or lives are comparatively rare, and when a lease is spoken of. primâ facie a lease for years is meant. The person who grants the lease is called the "lessor," the person to whom it is granted being the "lessee." Until he accepts the estate he has merely an interesse termini (q. v.) unless the lease takes

LEADING COUNSEL.-That one of two or more counsel employed on the same side in a cause, who has the principal management of the cause. So called as distinguished from the other, who is called the “junior counsel.”—Bouvier. LEADING FROM, (in description of a high-effect under the Statute of Uses. It is esLEADING INTERROGATORY, (what is). 7 less estate or term than the lessor has in Serg. & R. (Pa.) 166, 171.

way). 2 Anstr. 572.

LEADING QUESTIONS.-On the examination of a witness, leading questions are questions which directly or indirectly suggest to him the answer he is to give. The general rule is, that leading questions are allowed in cross-examination, but not in examination-in-chief, unless the witness proves adverse. Best Ev. 799.

LEADING QUESTIONS, (defined). 3 Leigh. (Va.) 799. (what are). 4 Wend. (N. Y.) 229, 247; 6 Binn. (Pa.) 483; 8 Wheel. Am. C. L.

500.

LEADING TO, (apprehension of offenders). L. R. 2 Q. B. 301.

sential to a lease that it should be for a

the property, for if it comprises his whole interest it is a conveyance or assignment, and not a lease. (Shep. Touch. 266; Woodf. Land. & T. 73, 113, 236.) Again, if the intention of the parties is that the grantee is not to be entitled to exclusive possession of the property, the grant is a license and not a lease. Sm. S. & C. L. & T. 68; Woodf. Land. T. 113.

2. A lease for years, or at will, is a chattel interest. See CHATTEL; ESTATE, 25; LEASEHOLDS.

23. Underlease.-Where a person who is himself a lessee grants a lease of the same property to another person for a shorter term, it is properly called an “underlease" or "sublease," or a "derivative lease." Society v. Holloway, 13 Ch. D. 754. See Camberwell, &c., Building

LEAGUE.-A treaty of alliance between different States or parties. It may be offensive or defensive, or both. It is offensive when the contracting parties reversion.-A concurrent lease, or lease 4. Concurrent lease, or lease of a agree to unite in attacking a common of a reversion, is one granted for a term enemy; defensive when the parties agree to act in concert in defending each other against an enemy. Also, a measure equal to three English miles, or 300 geometrical paces.

LEAKAGE.-An allowance made to merchants for the leaking of casks or the waste of liquors.

which is to commence before the determiland to another person. If under seal, it nation of a previous lease of the same operates as an assignment of the reversion during the continuance of the previous lease, so that the new lessee is entitled to the rent and covenants under the previous lease; and after the expiration of that

lease, it (the concurrent lease) operates as a lease in possession. Woodf. L. & T.

194.

25. Lease in reversion and reversionary lease.-A lease in reversion is a lease which is not to take effect in possession immediately, and the term "reversionary lease" is sometimes used in the same sense; but strictly speaking, a reversionary lease is one to take effect from the expiration or determination of a previous lease. It only creates an interesse termini. Hyde v. Warden, 3 Ex. 72.

much more important than those in a conveyance. They vary according to the nature of the lease, but ordinarily they include covenants by the lessee for payment of the rent, and if the lease is one of a building, to repair and insure it, or if it is one of a farm or mine, to manage it in a proper manner. There is also, gener ally, a covenant by the lessee not to underlet or assign the lease without the lessor's consent, and not to carry on certain trades or occupations, and a covenant by the lessor for the quiet enjoyment and possession of the property by the lessee. Sm. S. & C. L. & T. 114 et seq.; Elph. Conv. 240.

6. With reference to the right or authority under which they are granted, leases are made either (1) under a right or 29. Liability of assignee.-The rent power incident to the lessor's estate. Thus, and covenants are always binding on the a tenant in fee has power to grant leases original lessee and his representatives, for any term; or (2) under a power of ap- notwithstanding any assignment which he pointment or limitation to uses, as where may make. On assigning leaseholds, land is limited to A. and his heirs, to such therefore, the assignee is bound to enter uses as B. shall by demise appoint, (5 Byth. | into a covenant with the assignor to in& J. 560. See POWER); or (3) under a demnify him against this liability. The statutory power, e. g. under the English assignee is himself also liable for rent unSettled Estates Act (q. v.); or (4) by virtue | paid or covenants broken during his tenof a custom. Thus, an infant seised of land holden in socage may, by the custom of some places, make binding leases at the age of fifteen (Co. Litt. 45 b); or (5) by virtue of an authority given by the common law. Thus, a guardian in socage or by election may in some cases grant leases of the infant's lands. (4 Byth. & J. 226.) As to leases by estoppel, see ESTOPPEL, 4.

7. Forms of leases.-Leases are made either by deed; or by writing not under seal (called by the old writers "leases parol") (Shep. Touch. 267); or without writing. (Woodf. Land. & T. 116; Sm. S. & C. L. & T. 42; Fawc. 67.) The only leases of land or other corporeal hereditaments which need not be made by deed, in England, are leases at will, or for a term not exceeding three years under the Statute of Frauds (q. v.) (29 Car. II. c. 3), and in practice the term lease commonly denotes a lease by deed.

? 8. By deed.-A lease by deed in the ordinary form consists of the following parts: The premises; the habendum; the reddendum; the lessee's covenants; the proviso for re-entry, and the lessor's covenants. (See those titles. Woodf. Land. & T. 127; Fawc. 72; Elph. Conv. 231.) The covenants in a lease are generally

1

ancy, (provided the covenants run with the land, as to which see COVENANT, ₹ 5,). but when he assigns to another, his liability ceases so far as regards future rent or breaches of covenant. (Wms. Real Prop. 397.) As to the statutory provisions enabling executors and trustees in bankruptcy to get rid of liabilities under leases vested in them, see DISCLAIMER, 3; EXECUTOR, ? 9.

10. Lease and counterpart.-Leases are generally prepared in two parts, known as the lease and the counterpart. In England, the lease is executed by the lessor alone, and is kept by the lessee; the counterpart is executed by the lessee alone, and is kept by the lessor. (Fawc. 102.) In America, both papers are ordinarily executed by lessor and lessee.

11. Leases are in some cases subject to statutory provisions; such are leases at a rackrent by tenants for life, in England, (as to which see EMBLEMENTS,) and leases subject to the Agricultural Holdings Act (q. v.) See ATTORNMENT; DEMISE; DISTRESS; GAME; RENT; TERM; USE AND OCCUPATION.

LEASE, (defined). 17 Conn. 411; 24 Me. 542; 9 Allen (Mass.) 159, 167, 169; 3 Gr. (N. J.) 120, 121; 7 Barb. (N. Y.) 74, 78; 7 Cow. (N. Y.) 323; 5 How. (N. Y.) Pr. 58, 71; 1 Pa. 402, 407; 17 Am. Dec. 517, 520 n.; 2 Bl. Com. 20; Shep. Touch ch. 14.