433; 6 Id. 60.

(assignment of). 4 Wheel. Am. C. L.

60 n. (by guardian in socage, may be for what period). 6 Paige (N. Y.) 391.

(in a statute). 16 Wend. (N. Y.) 153, 257; 6 East 602.

(power to make). Jac. 437; 1 Ld. Raym. 267; 2 Salk. 537; Yelv. 222.

(when imports a covenant). 28 Mo. 199; 20 Pa. St. 482.

(what words in a grant will pass).

Cro. Jac. 318.

LEASE AND RELEASE. -A mode of conveying freehold land which was in common use, in England, down to the year 1841. It was invented to evade the Act 27 Hen. VIII. c. 16, passed to prevent land from being conveyed secretly by bargain and sale. The act only required bargains and sales of estates of inheritance or freehold to be enrolled, and therefore it soon became the practice on a sale of land for the vendor to execute a lease to the purchaser for a year, by way of bargain and sale, which, under the Statute of Uses, gave him seisin of the land without entry or enrollment, and then the vendor released his reversion to the purchaser by ordinary deed of grant, thus vesting in him the fee-simple in possession without entry or livery of seisin. In 1841, a release was made effectual without the preliminary lease for a year, and, in 1845, a deed of grant was made sufficient for the conveyance of all corporeal hereditaments. (Wms. Real Prop. 180; Wms. Seis. 146.) Conveyance by a release following on an ordinary lease perfected by entry is said to have been formerly employed. 1 Steph. Com. 527. See BARGAIN AND SALE, 2; CONVEYANCE, 7, 8; GRANT, & 2.

LEASE AT WILL, (sufficient to gain a settlement). 1 Str. 502.

LEASE, DEMISE, AND LET, (in a lease). 109

Mass. 235.

LEASE IN PRÆSENTI, (defined). 2 W. Bl. 973.

LEASE IN REVERSION, (defined). Com. 39. LEASE, PAROL, (for over three years, effect of). 13 Wend. (N. Y.) 483; 1 Saund. 276 n. (an action of assumpsit will lie upon).

1 Saund. 322 n. LEASED TERM, (in a covenant). 2 Barn. & C. 216.

LEASEHOLD ESTATE, (in a will). 9 East 369. VOL. II.

LEASEHOLD GROUND RENTS, (what passes under). 1 Bro. Ch. 76.

LEASEHOLDS.-Lands held under a lease for years. They are personal estate, being chattels real, and therefore they pass to the personal representative of the lessee or tenant on his death intestate. But for the purposes of the English Succession Duty Act (q. v.), Locke King's Act (q. v.), and the Stat. 27 Eliz. c. 4 (see VOLUNTARY), leaseholds are on the same footing as real estate. And by the Wills Act, a general devise of land, or lands and tenements, or the like, will include the testator's leasehold estates, unless a contrary intention appears. Wms. Real Prop. 404.

LEASING, or LESING.-Gleaning.

LEAVE OF THE COURT, (in a statute). 3 Harr. (N. J.) 260.

LEAVE TO MOVE to set aside or vary a judgment might formerly be given, in England, by the judge at the trial of an action, when some point of law was raised, the decision of which affected the fate of the action; the motion was heard by a divisional court. (Sm. Ac. 140; Rules of Court, xxxvi. 22, xl. 2.) This practice seems to have been abolished. Appellate Jurisdiction Act, 1875, 17; Rules of Court, xxxvi. 22 a. See MOTION FOR JUDGMENT; TRIAL.

LEAVING NO CHILD, (in a will). 2 Gr. (N.

J.) 175; 1 P. Wms. 486.

LEAVING NO ISSUE, (in a will). 8 Mass. 38; 1 U. S. L. J. 603; 2 Atk. 313; 3 Id. 397; 1 Barn. & Ad. 321; 16 East 67; 1 P. Wms. 663; 3 Id. 258; 3 T. R. 143; 9 Ves. 203. LEAVING NO ISSUE BEHIND HIM, (in a will). 2 Yeates (Pa.) 409.

LEAVING NO ISSUE LIVING, (in a will). Sax. (N. J.) 314.

1

Cowell.

LECHERWITE, LAIRWITE, or LEGERWITE.-A fine for adultery or fornication, anciently paid to the lords of certain manors. 4 Inst. 206. See LAIRWITE.

tom. iii. 243.

LECTURER.-An instructor; a reader of lectures; also, a clergyman who assists rectors, &c., in preaching, &c. See 7 and 8 Vict. c. 59, and 18 and 19 Vict. c. 127, 12.

LEDGER.-A book in which a trader

enters the names and accounts of all persons dealing with him. There are two parallel columns in each account, on one of which the party named is the debtor, and on the other the creditor. As the ledger is a transcript from the day-book or journal, it is not a book of original entries and therefore not evidence per se.

LEDGER-BOOK.-A book in the prerogative courts, considered as their rolls.

LEDGREVE, or LEDGRAVE.-See LATHREEVE.

66

tions, until the executor has assented to it. See ASSENT.

Legacies are of three kinds: Specific, demonstrative, and general

2. Specific.-A specific legacy is a bequest of a specific part of the testator's service of plate which was presented to personal estate. Thus, a bequest of "the me on such an occasion," is specific, and so, also, is a bequest of "£100 consols standing in my name at the Bank of England." A specific legacy must be paid or retained by the executor in preference to the general legacies, and must not be sold for the payment of debts until the general assets of the testator are exhausted. (Wms. Pers. Prop. 401; 2 White & T. Lead. Cas. 252; Wats. Comp. Eq. 1232. See ADMINISTRATION, 2.) On the other hand, a specific legacy is liable to ademption (q. v.) unless it is given in such a way as to refer to the state of the property at the testator's death. Thus, a bequest of "the black horses which I shall be possessed of at my death," is specific; but it takes effect if the testator leaves property answering the description, although he may have sold the black horses which he had at the date of his will. Bothamley v. Sherson, L. R. 20 Eq. 309.

3. Demonstrative.-A demonstrative legacy is a gift of a certain sum directed to be paid out of a specific fund. Thus, "I bequeath to A. B. the sum of £50 to be paid out of the £100 consols in

my name," is a demonstrative legacy. Such a legacy is not adeemed by the testator selling or disposing of the fund in his life-time, while it also has the advantage of being paid in priority to the general legacies if the fund is sufficient. Wms. Pers. Prop. 401.

4. General.-A general legacy is one payable only out of the general assets of the testator, as where he bequeaths to A. £100 sterling, or £100 consols, without referring to any particular stock, although he may have £100 consols standing in his name. So a legacy of a mourning ring of the value of £10, merely amounts to a general legacy of £10, with a direction to the executor to purchase a ring. A general legacy is liable to abatement or total failure, if the residuary estate is not sufficient to pay the testator's debts and other legacies, (see ABATEMENT, 3,) unless it is given for valuable consideration, e. g. to a wife in consideration of her releasing her dower. Id. 402.

5. Trust.-Where personal property is bequeathed to trustees to be held upon trust, e. g. to pay the income to A. B. for life-this is called a "trust legacy."

6. Infant. Where a legacy is given to an infant or person beyond the seas, the executor may pay the amount into court, and when the legatee comes of age, or returns, he may have it paid out to him on making an application by petition or motion. Wms. Pers. Prop. 399; Dan. Ch. Pr. 1911. See PAYMENT INTO COURT; also, titles CUMULATIVE; EXECUTOR; LAPSE; MARSHALLING; MORTMAIN; SATISFACTION;

WILL.

LEGACY, (defined). 42 Ala. 9; Toll. Ex. 299. (what is). 3 Keyes (N. Y.) 486; Wheel. Am. C. L. 414; 4 Com. Dig. 154. (includes what). 3 Abb. (N. Y.) App.

Dec. 411. (when applied to real estate). 9 Serg. & R. (Pa.) 446; 15 East 510; 2 P. Wms. 186; 5 T. R. 717.

(when presumed to be in satisfaction of a debt). 1 Gr. (N. J.) Ch. 1.

(when not a satisfaction of a debt). 2 Hill (N. Y.) 576; 4 Wend. (N. Y.) 443.

(interest upon). 1 Harr. (N. J.) 370; 1 Sax. (N. J.) 40; 2 Con. & L. 528, 534; 8 Jur. 182; 2 Younge & Coll. C. C. 372.

(in a statute). 16 Wend. (N. Y.) 118. (in a will). 2 Gray (Mass.) 325; 1

LEGACY DUTY.—

1. In England, every legacy (except legacies to the husband, wife or descendants of the testator) is liable to a duty at so much per cent., varying according to the degree of relationship which the legatee bore to the testator. The exemption from duty formerly enjoyed by legacies under £20 has been abolished. The residue of the personal estate of a testator or intestate is liable to the same duties. Wms. Pers. Prop. 398; Wms. Ex. 1433; Stat. 55 Geo. III. c. 184; Customs and Inland Rev. Act, 1881. See LEASEHOLDS; PROBATE; SUCCESSION DUTY.

2. The rates of legacy duty are as follows: Where the legacy or residue, or share or residue, is given to or devolves on a child of the deceased, or the father or mother or any lineal deceased, or any descendant of a child of the ancestor of the deceased, the duty is one per cent.; if a brother or sister of the deceased, or a if a brother or sister of the father or mother of descendant of a brother or sister, three per cent.; the deceased, or a descendant of such brother or sister, five per cent.; if a brother or sister of the grandfather or grandmother, or a descendant of such brother or sister, six per cent.; in any other case the duty is ten per cent. Stat. 55 Geo. III. c. 184, schedule.

3. When not payable.-Legacy duty is not payable (1) on any legacy or share of residue coming to the husband or wife of the deceased (Stat. 55 Geo. III. c. 184, schedule); (2) on legacies of books, pictures, &c., given to scientific bodies and schools, &c. (Stat. 39 Geo. III. c. 73, 1); (3) where the whole personal estate of a person dying after the 24th March, 1880, does not amount to the sum of £100 (Stat. 43 Vict. c. 14, 13); (4) where probate duty has been paid on the estate, not exceeding £300, of a person dying on or after the 1st June, 1881, under the Customs and Inland Revenue Act, 1881 (Id. ? 36); (5) on any legacy or share of residue coming to a child or other descendant of the deceased where probate duty has been paid under the Customs and Inland Revenue Act, 1881. Id. 2 41. See PROBATE DUTY.

acy").

(distinguished from "general legToll. Ex. 301.

(when exempt from contribution). 1 Desaus. (S. C.) 501.

LEGAL is opposed (1) to that which is illegal or unlawful (see those titles); (2)

East 523. 1 Younge & Coll. C. C. 565.

legal memory, see MEMORY.

LEGANTINE, or LEGATINE CONSTITUTIONS. Ecclesiastical laws enacted in national synods, held under the Cardinals Otho and Othobon, legates from Pope Gregory IX. and Pope Clement IV., in the reign of King Henry III., about the years 1220 and 1268.-Wharton.

cious, and Justinian abolished altogether the distinctions between them.-Brown.

Legatos violare contra jus gentium est (4 Co., ad lect.): It is contrary to the law of nations to injure ambassadors.

LEGATUM.-A legacy given to the church, or an accustomed mortuary:-Cowell.

Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola (Dyer 143): A legacy is confirmed by the death of a testator, in the same manner as a gift from a living person is by delivery alone.

nuncio.

LEGATE.-A deputy; an ambassador, the pope's nuncio. There are three kinds: (1) Legates à latere, being such as the pope commissions to take his place in councils, and so called because he never gives this office to any but his favorites and confidants, who are always à latere at his side; (2) legates de latere or legati dati, those entrusted with apostolical legation, and acting under a special commission; (3) legates by office or legati nati, those that were legates by virtue of their offices, as in England, the Archbishop of Canterbury in former times.-Encycl. Lond.

to Justinian, make the selection for him, but the legacy failed altogether. Justinian, however, made the legacy good, and enabled the representative to choose.-Brown.

Legatus regis vice fungitur a quo destinatur et honorandus est sicut ille cujus vicem gerit (12 Co. 17): An ambassador fills the place of the king by whom he is sent, and is to be honored as he is whose place he fills.

LEGEM FACERE.-To make law upon oath.-See Selden's Notes on Heng. 133.

LEGEM FERRE, or ROGARE.-To

left to him.

LEGATOR.-One who makes a will, and leaves legacies.

LEGATORUM GENERA QUATUOR. In the Roman law there were four classes of legacies, viz.: (1) Per vindicationem, carrying a direct property into the legatee; (2) per damnationem, obliging the executor (hæres) to make the property over to the legatee; (3) sinendi modo, obliging the executor to permit or suffer the legatee to take the property bequeathed, ar, (4) per præceptionem, being a preferential legacy. The legacy per damnationem was frequently said to be optimi juris, as being most efficacious in law; however, the Setm. Neronianum made all the four classes equally effica

LEGEM HABERE.-To be capable of giving evidence upon oath. Witnesses who had been convicted of crime were incapable of giving evidence, until 6 and 7 Vict. c. 85. See OATH.

LEGEM SCISCERE. To give consent and authority to a proposed law, applied to the consent of the people.

LEGER, LEIGER, or LEDGER.Anything that lies in a place, as a leger-book, a book that lies in a counting-house; leger-ambassador, a resident ambassador.- Wharton.

LEGERGILD.-See LAIRWITE.
LEGES.-Laws; the plural of lex.

Leges Angliæ sunt tripartitæ: jus comitiorum: The laws of England are threecommune, consuetudines, ac decreta fold: common law, customs and decrees of par

liament.

Leges non verbis sed rebus sunt impositæ (10 Co. 101): Laws are imposed on things, not words.

Leges posteriores priores contrarias abrogant (2 Roll. 410): Later laws abrogate prior contrary laws.