LINE, descents. The series of persons who have descended from a common ancestor, placed one under the other, in the order of their birth. It connects successively all the relations by blood to each other. Vide Consanguinity; Degree.

A

s 6. Tritavus, Tritavia.

c 5. Atavus, Atavia.

e 4. Abavus, Abavia.

n Great grand-

d father, great 3. Proavus, Proavia.

i grandmother,

n

g Grand father,

grandmother 2. Avus, Avia.

l

i Father, mother 1. Pater, Mater.

n

e

EGO.	EGO.

D

e

s Son.	1. Filius.

c Granson 2. Nepos, Nepti.

e Great Grandson. 3. Pronepos, Proneptis.

n	4. Abnepos, Abneptis.

d	5. Adnepos, Adneptis.

i	6. Trinepos, Trineptis.

n

g

L

i

n

e

2. The line is either direct or collateral. The direct line is composed of all the persons who are descended from each other. If, in the direct line, any one person is assumed §the propositus, in order to count from him upwards and downwards, the line will be divided into two parts, the ascending and descending lines. The ascending line is that, which counting from the proposi-tus, ascends to his ancestors, to his father, grandfather, great-grandfather, &c. The descending line, is that which, counting from the same person, descends to his children, grandchildren, great-grand-children, &c. The preceding table is an example.

3. The collateral line considered by itself, and in relation to the common ancestor, is a direct line; it becomes collateral when placed along side of another line below the common ancestor, in whom both lines unite for example:

Common ancestor.

O

o	o

o	o

Direct	Collateral

line.	o	o line.

o	o

o	o

O	o

Ego.

4. These two lines are independent of each other; they have no connexion, except by their union in the person of the common ancestor. This reunion is what forms the relation among the persons composing the two lines.

5. A line is also paternal or maternal. In the examination of a person's ascending line, the line ascends first to his father, next to his paternal grandfather, his paternal great-grandfather, &c. so on from father to father; this is called the paternal line. Another line will be found to ascend from the same person to his mother, his maternal grandmother, and so from mother to mother; this is the maternal line. These lines, however, do not take in all the ascendants, there are many others who must be imagined. The number of ascendants is double at each degree, as is shown by the following table:

o

o

o

F	o

a

t o

h

e o

r

O

P	O	o

a t

t h o

e e

r r o

n

a	L

l	i

n	o

L e

i o

n

e o

Ego.	O

M	o

a

t o

e

r O o

n	t

a	h

l	e

r	o

l

i l o

n i

e n o

e

o

M	o

o

t o

h

e o

r

o

o

o

Vide 2 Bl. Com. 200, b. 2, c. 14; Poth. Des Successions, ch. 1, art. 3, § 2; and article Ascendants.

LINE, measures. A line is a lineal measure containing the one twelfth part of a on inch.

LINE, estates. The division between two estates. Limit; border; boudary.

2. When a line is mentioned in a deed as ending at a particular monument, (q. v.) it is to be extended in the direction called for, without regard to distance, until it reach the boundary. 1 Taylor, 110, 303 2 Hawks, 219; 3 Hawks, 21; 2 Taylor, 1. And a marked line is to be adhered to although it depart from the course. 7 Wheat. 7; 2 Overt. 304; 3 Call, 239; 7 Monr. 333; 2 Bibb, 261; 4 Bibb, 503; 4 Monr. 29; see further, 2 Dana, 2; 6 Wend. 467; 1 Bibb, 466; 1 Marsh. 382; 3 Marsh. 382; 3 Murph. 82; 13 Pick. 145; 13 Wend. 300; 5 J. J. Marsh. 587.

3. Where a number of persons settle simultaneously or at short intervals in the same neighborhood, and their tracts, if extended in certain directions, would overlap each other, the settlers sometimes by agreement determine upon dividing lines, which are called consentible lines. These lines, when fairly agreed upon, have been sanctioned by the courts; and such agreements are conclusive upon all persons claiming under the parties to them with notice, but not upon bona fide purchasers for a valuable consideration without notice, actual or constructive. 5 S. & R. 273; 9 W. & S. 66; 3 S & R. 323; 5 Binn. 129; 10 Watts, 324; 17 S. &. R. 57; Jones, L. 0. T.

4. Lines fixed by compact between nations are binding on their citizens and subjects. 11 Pet. 209; 1 Overt. 269; 1 Ves. sen., Rep. 450; 1 Atk. R. 2; 1 Ch. Cas. 85; 1 P. Wms. 723727; 2 Atk. R. 592; 1 Vern. 48; 1 Ves. 19; 2 Ves. 284; 3 S. & R. 331.

LINEAGE. Properly speaking lineage is the relationship of persons in a direct line; as the grandfather, the father, the son, the grandson, &c.

LINEAL. That which comes in a line. Lineal consanguinity is that which subsists between persons, one of whom is descended in a direct line from the other. Lineal descent, is that which takes place among lineal kindred.

LINEAL WARRANTY, old English law. A warranty by the heir, when he derived title to the land warranted, either from or through, the ancestor who made the warranty. See Warranty.

LIQUIDATED. That which is made clear, certain, and manifest; as, liquidated damages, ascertained damages liquidated debt, an ascertained debt, as to amount. A debt is liquidated when it is certain what is due, and how much is due, cum certum est an et quantum debeatur; for although it may appear that something is due, if it does not also appear how much is due, the debt is not liquidated. An unliquidated claim is one which one of the parties to the contract cannot alone render certain. 5 M. R. 11; 1 N. S. 130; 6 N S. 715; 6 N. S. 10, 13 L. R. 275; 7 L. R. 134, 599. Such a claim cannot be set off. 2 Dall. 237; S. C. 1 Yeates' R. 571; 10 Serg. & Rawle, 14; see Poth. Ob. n. 628; Dig. 50, 17, 24; Id. 42, 1, 64; Id. 1, 45, 112; Id. 46, 5, 11; Code, 7, 47. Dom. Lois Civ. l. 4, t. 2, s. 2, n. 2; Arg. Inst. 1. 4, c. 7; 7 Toull. n. 369; 6 Duv. Dr. Civ. Fr. n. 304.

LIQUIDATED DAMAGES. By this term is understood the fixed amount which a party to an agreement promises to pay to the other, in case he shall not fulfil some primary or principal engagement into which he has entered by the same agreement it differs from a penalty. (q. v.) Vide Damages liquidated.

2. The damages will be considered as liquidated in the following cases: 1. When the damages are uncertain, and not capable of being ascertained by any satisfactory or known rule; whether the uncertainty lies in the nature of the subject itself, or in the particular circunstances of the case. 2 T. R. 32 1 Ale. & N. 389; 2 Burr. 2225 10 Ves. 429; 7 Cowen, 307; 4 Wend. 468. 2. When, from the nature of the case, and the tenor of the agreement, it is clear, that the damages have been the subject of actual and fair calculation and ad-ustment between the parties. 2 Greenl. Ev. §259; 2 Story, Eq. §1318; 3 C. & P. 240; 10 Mass. 450, 462; 6 Bro. P. C. 436; 3 Taunt. 473; 7 John. 72; 4 Mass. 433; 3 Conn. 58; 1 Bouv. Inst. n. 655, 765.

LIQUIDATION. A fixed and determinate valuation of things which before were uncertain.

LIRA. The name of a foreign coin. In all computations at the custom house, the lira of Sardinia shall be estimated at eighteen cents and six mills. Act of March 22, 1846. The lira of the Lombardo-Venitian Kingdom, and the lira of Tuscany, at sixteen cents. Act of March 22, 1846.

LIS. A suit; an action; a controversy in court; a dispute.

LIS MOTA. The cause of the suit or action. By this term is understood the commencement of the controversy, and the beginning of the suit. 4 Campb. R. 417; 6 Carr. & P. 552, 561; 2 Russ. & My. 161; Greenl. Ev. §131, 132.

LIS PENDENS. The pendancy of a suit; the time between which it is instituted and finally decided.

2. It has been decided that the mere serving of a subpoena in chancery, unless a bill be also filed, is not a sufficient lis pendens, but the bill being filed, the lis pendens commences from the service of the subpoena, although that may not be returnable till the following term 1 Vern. 318; and after a decree, final in its nature, there remains no lis pendens. 1 Vern. 459.

3. It is a general rule, that Iis pendens is a general notice of an equity to all the world. 3 Atk. 343; 2 P. Wms. 282; Amb. 676; 1 Vern. 286. Vide 2 Fonbl. Eq. 152, note; 1 Supp. to Ves. jr. 284; 3 Rawle, R. 14; Pow. Mortg. index, h. t.; 1 John. Ch. R. 566; 2 John. Ch. R. 158; 4 John. Ch. Rep. 83; 2 Rand. Rep. 93; 1 M'Cord, Ch. R. 264; Harp. Eq. R. 224; 1 Bibb, R. 314; 5 Ham. Rep. 462; 4 Cowen, R. 667; 1 Wend. R. 583; 1 Desaus. R. 167, 170; 2 Edw. R. 115; 1 Hogan, R. 69; 6 Har. & John. 21; 2 Dana, R. 480; Jac. R. 202; 1 Russ. & My. 617 Corn. Dig. Chancery, 4 C 3; 2 Bell's Com. 152, 5th ed.; 1 Bail. Eq. R. 479; 7 Dana, R. 110; 7 J. J. Marsh. 529; 1 Clarke, R. 560, 584; 14 Ohio, 109, 323.

4. When a defendant is arrested pending a former suit or action, in which he was held to bail, he will not, in general, be held to bail, if the second suit be for the same cause of action. Grah. Prac. 98; Troub. & Haly's Prac. 44; 4 Yeates' R. 206. But under special circumstances, he may be held to bail twice, and of these circumstances the court will judge. 2 Miles, Rep. 99, 100, 142. See 14 John. R. 347. When such a second action is commenced, the first ought to be discontinued and the costs paid; but, it seems, it is sufficient if they are paid before the replication of nul tiel record to a plea of autre action pendant. in the second suit. Grab. Pr. 98; and see 1 John. Cas. 397; 7 Taunt. 151; 1 Marsh. R. 395; Merl. Rep. Litispendance; 5 Ohio R. 462; 6 Ohio R. 225; 1 Blackf. R. 53; Id. 315; Autre action pendent; Bail; Litigiosity.

LIST. A table of cases arranged for trial or argument; as, the trial list, the argument list. See 3 Bouv. Inst. n. 3031.

LISTERS. This word is used in some of the states to designate the persons appointed to make lists of taxables. See Verm. Rev. Stat. 538.

LITERAL CONTRACT, civil law. A contract, the whole of the evidence of which is reduced to writing. This contract is perfected by the writing, and binds the party who subscribed it, although he has received no consideration. Leg. Elem. §887.

LITERARY PROPERTY. This name has been given to the right which authors have in their works. This is secured to them by copyright. (q. v.) Vide 2 Bl. Com. 405-6; 4 Vin. Ab. 278; Bac. Ab. Prorogation, F 5; 2 Kent, Com. 306 to 315; 1 Supp. to Ves. jr. 360, 376; 2 Id. 469; Nicklin on Literary Property; Dane's Ab. Index, b. t.; 1 Chit. Pr. 98; 2 Amer. Jur. 248; 10 Amer. Jur. 62; 1 Law Intell. 66; Curt. on Copyr. 11; 1 Bell's Com. B. 1, part 2, c. 4, s. 2, p. 115; 1 Bouv. Inst. n. 508, et seq. Vide Copyright.

LITIGANT. One engaged in a suit; one fond of litigation.

LITIGATION. A contest authorized by law, in a court of justice, for the purpose of enforcing a right.

2. In order to prevent injustice, courts of equity will restrain a party from further litigation, by a writ of injunction; for example, after two verdicts on trials at bar, in favor of the plaintiff, a perpetual injunction was decreed. Str. 404. And not only between two individuals will a court of equity grant this relief, as in the above case of several ejectments, but also, when one general-legal right, as a right of fishery, is claimed against several, distinct persons, in which case there would be no end of bringing actions, since each action would only bind the particular right in question, between the plaintiff and defendant in such action, without deciding the general right claimed. 2 Atk. 484; 2 Ves. jr. 587. Vide Circuity of Actions.

LITIGI0SITY, Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition. (q. v.) 2 Bell's Com. 152, 5th ed. Vide Lis Pendens.

LITIGIOUS. That which is the subject of a suit or action; that which is contested in a court of justice. In another sense, litigious signifies a disposition to sue; a fondness for litigation.

LTTIGIOUS RIGHTS, French law. Those which are or may be contested either in whole or in part, whether an action has been commenced, or when there is reason to apprehend one. Poth. Vente, n. 584; 9 Mart. R. 183; Troplong, De la Vente, n. 984 a 1003; Civ. Code of Lo. art. 2623; Id. 3522, n. 22. Vide Contentious jurisdiction.

LITIS CONTESTATIO, civil law. "Contestari." It is when each party to a suit (uterque reus) says "Teste estote." It was therefore, so called, because persons were called on by the parties to the suit "to bear witness," "to be witnesses." It is supposed that this contestatio was the usual termination of certain acts before the magistratus or in jure, of which the persons called to be witnesses were at some future time to bear record before the judex, in judicio. The Iis contestata, in the system of Justinian, consisted in the statements made by. the parties to a suit before the magistrate respecting the claim or demand, and the answer or defence to it. When this was done, the cause was ready for hearing. Savig. Traite de Droit Romain, tom. vi. § cclviii.; Smith, Dict. Gr. & Rom. Antiq. h. v. The contesting of the suit, or pleading the general issue. Vide 2 Bro. Civ. and Adm. Law, 358.

LITISPENDENCE. The part of an action being depending and undetermined; the time during which an action is pending. See Lis pendens.

LITRE. A French measure of capacity. It is of the size of a decimetre, or one-tenth part of a cubic metre. It is equal to 61.028 cubic inches. Vide Measure.

LIVERY, Engl. law. 1. The delivery of possession of lands to those tenants who hold of the king in capite, or knight's service. 2. Livery was also the name of a writ which lay for the heir of age, to obtain the possession of seisin of his lands at the king's hands. F. N. B. 155. 3. It signifies, in the third place, the clothes given by a nobleman or gentleman to his servant.

LIVERY OF SEISIN, estates. A delivery of possession of lands, tenements, and hereditaments, unto one entitled to the same. This was a ceremony used in the common law for the conveyance of real estate; and the livery was in deed, which was performed by the feoffor and the feoffee going upon the land, and the latter receiving it from the former; or in law, where the game was not made on the land, but in sight of it. 2 Bl. Com. 315, 316.

2. In most of the states, livery of seisin is unnecessary, it having been dispensed with either by express law or by usage. The recording of the deed has the same effect. In Maryland, however, it seems that a deed cannot operate as a feoffment, without livery of seisin. 5 Harr. & John. 158. Vide 4 Kent, Com. 381 2 Hill, Ab. c. 26, s. 4; 1 Misso. R. 553; 1 Pet. R. 508; 1 Bay's R. 107; 5 Har. & John. 158; Fairf. R. 318; Dane's Abridgment, h. t.; and the article Seisin.

LIVRE TOURNOIS, com. law. A coin used in France before the revolution. It is to be computed in the ad valorem duty on goods, &c., at eighteen and a half cents. Act of March 2, 1798, s. 61, 1 Story's L. U. S. 626. Vide Foreign Coins.

LOADMANAGE, maritime law, contracts. The pay to loadsmen; that is, persons who sail or row before ships, in barks or small vessels, with instruments for towing the ship, and directing her course, in order that she may escape the dangers in her way. Poth. Des Avaries, n. 147; Guidon de la Mer, ch. 14; Bac. Ab. Merchant and Merchandise, F.

LOAN, contracts. The act by which a person lets another have a thing to be used by him gratuitously, and which is to be returned, either in specie or in kind, agreeably to the terms of the contract. The thing which is thus transferred is also called a loan. 1 Bouv. Inst. n. 1077.

2. A loan in general implies that a thing is lent without reward; but, in some cases, a loan may be for a reward; as, the loan of money. 7 Pet. R. 109.

3. In order to make a contract usurious, there must be a loan; Cowp. 112, 770; 1 Ves. jr. 527; 2 Bl. R. 859; 3 Wils. 390 and the borrower must be bound to return the money at all events. 2 Scho. & Lef. 470. The purchase of a bond or note is not a loan ; 3 Scho. & Lef. 469; 9 Pet. R 103; but if such a purchase be merely colorable, it will be considered as a loan. 2 John. Cas. 60; Id. 66; 12 S. & R. 46; 15 John. R. 44.

LOAN FOR CONSUMPTION, or, MUTUTUM. (q. v.) A contract by which the owner of a personal chattel, called the lender, delivers it to another, known as the borrower, by which it is agreed that the borrower shall consume the chattel loaned, and return at the time agreed upon, another chattel, of the same quality, kind, and number, to the lender, either gratuitously or for a con- sideration; as, if Peter lends to Paul one bushel of wheat, to be used by the latter, so that it shall not be returned to Peter, but instead of which Paul will return to Peter another bushel of wheat of the same kind and quality, at a time agreed upon.

2. It is evident that this contract differs essentially from a loan for use. In the latter, the property of the thing lent remains with the lender, and, if it be destroyed without the fault or negligence of the borrower, it is his loss, and the thing to be returned is the identical thing lent; but in the loan for consumption, the property passes to the borrower, and in case of its destruction, he must bear the loss, and the identical property is never to be returned, but other property of the like kind, quality, and number. This contract bears a nearer resemblance to a barter or exchange; in a loan for consumption the borrower agrees to exchange with the lender a bushel of wheat, which he has not, but expects to obtain, for another bushel of wheat which the lender now has, and with which he is willing to part; or a more familiar example may be given: Debtor borrows from Creditor, one hundred dollars to use as he shall deem best, and he promises to return to Creditor another hundred dollars at a future time.

3. In cases of loan for consumption, the lender may charge for the use of the thing loaned or not; as, if I lend one thousand dollars to a friend for a month, I may charge interest or not but a loan for use is always gratuitous when anything is charged for the use, it becomes a hiring. See Hire; and also Mutuum.

LOAN FOR USE, or COMMODATUM, contracts. A bailment, or loan of an article for a certain time, to be used by the borrower, without paying for it. 2 Kent's Com. 446, 447. Sir William Jones defines it to be a bailment of a thing for a certain time, to be used by the borrower, without paying for it. Jones' Bailm. 118. According to the Louisiana Code, art. 2864, it is an agreement by which a person delivers a thing to another, to use it according to its natural destination, or according to the agreement, under an obligation on the part of the borrower, to return it after he shall have done using it. This loan is essentially gratuitous. The Code Civil, art. 1875, defines it in nearly the same words. Lord Holt has defined this bailment to be, when goods or chattels, that are useful, are lent to a friend gratis, to be used by him: and it is called commodatum, he adds, because the thing is to be restored in specie. 2 Ld. Ray. 909, 913.

2. The loan for use resembles somewhat a gift, for the lender, as in a gift, gives something to the borrower; but it differs from the latter, because there the property of the thing given is transferred to the donee; instead of which, in the loan for use, the thing given is only the use, and the property in the thing lent remains in the lender. This contract has also some analogy to the mutuum, or loan for consumption; but they differ in this, that in the loan for use the lender retains the property in the thing lent, and it must be returned in individuo; in the loan for consumption, on the contrary, the things lent are to be consumed, such as money, corn, oats, grain, cider, &c., and the property in them is transferred to the borrower, who becomes a debtor to the lender for the same quantity of like articles. Poth. Pret a. Usage, n. 9, 10.

3. Several things are essential to constitute this contract; first, there must be a thing which is lent; and this, according to the civil law, may be either a thing movable, as a horse, or an immovable, as a house or land, or goods, or even a thing incorporeal. But in our law, the contract seems confined entirely to goods and chattels, or personal property, and not to extend to real estate. It must be a thing lent, in contradistinction to a thing deposited or sold, or entrusted to another for the purpose of the owner. Story on Bailm. § 223.

4. Secondly. It must be lent gratuitously, for if any compensation is to be paid in, any manner whatsoever, it falls under Another denomination, that of hire. Ayliffe's Pand. B. 4, tit. 16, n. 516; Louis. Code, art. 2865; Pothier, Pret a Usage, c. 1, art. 1, n. 1, c. 2, art., 3, n. 11.

5. Thirdly. It must be lent for use, and for the use of the borrower. It is not material whether the use be exactly that which is peculiarly appropriate to the thing lent, as a loan of a bed to lie on, or a loan of a horse to ride; it is equally a loan, if the thing is lent to the borrower for any other purpose; as, to pledge as a security on his own account. Story on Bailm. §225. But the rights of the borrower are strictly confined to the use actually or impliedly agreed to by the lender, and cannot be lawfully exceeded. Poth. Pret a Usage, c. 1, §1, art. l, n. 5. The use may be for a limited time, or for an indefinite time.

6. Fourthly. The property must be lent to be specifically returned to the lender at the determination of the bailment; and, in this respect it differs from a mutuum, or loan for consumption, where the thing borrowed, such as corn, wine, and money, is to be returned in kind and quantity. See Mutuum. It follows, that a loan for use can never be of a thing which is to be consumed by use; as, if wine is lent to be drunk at a feast, even if no return in kind is intended, unless, perhaps, so far as it is not drunk; for, as to, all the rest, it is strictly a gift.

7. In general, it may be said that the borrower has the right to use the thing during the time and for the purpose which was intended between the parties. But this right is strictly confined to the use, expressed or implied in the particular transaction; and the borrower, by any excess, will make himself responsible. Jones' Bailm. 68; Cro. Jac. 244; 2 Ld. Raym. 909,916; 1 Const. Rep. So. Car. 121; Louis. Code: art. 2869; Code Civil, art. 1881; 2 Bulst. 306.

8. The obligations of the borrower are to take proper care of the thing borrowed, to use it according to the intention of the lender, to restore it in proper time, and to restore it in proper condition. Story on Bailm. §236; Louis. Code, art. 2869; Code Civ. 1880.

9. By the common law, this bailment may always be terminated at the pleasure of the lender. (q. v.) Vin. Abr. Bailment, D; Bac. Abr. Bailment, D.

10. The property in the thing lent in a loan for use, remains in the lender, Story on Bailment, §283; Code Civil, art. 1877; Louis. Code, art. 2866.

11. It is proper to remark that the loan for use must be lawful; a loan by Peter to Paul of a ladder to enable him to commit a larceny, or of a gun, to commit a murder, is not a loan for use, but Peter by this act becomes an accomplice of Paul. 17 Duv. n. 503; 6 Duverg. n. 32.

LOCAL. Pertaining to a place; something annexed to the freehold or tied to a certain place; as, local courts, or courts whose jurisdiction is limited to a particular place; local allegiance, or allegiance due while you are in a particular place or country; local taxes, or those which are collected for particular districts.

LOCAL ACTION, practice, pleadings. An action is local when the venue must be laid in the county where the cause of action arose. 1 Chit. PI'. 271; 21 Vin. Ab. 79; 3 Bl. Com. 294; Bac. Ab. Actions, Local, &c.; Dane's Ab. Index, h. t.; 15 Mass. 284; 1 Brock. 203; 1 Greenl. 246. Vide Action; Venue.

LOCALITY, Scotch law. This name is given to a life rent created in marriage contracts in favor of the wife, instead of leaving her to her legal life rent of terce. 1 Bell's Com. 55. See Jointure.

LOCATIO. Hire; a letting out.

LOCATIO CONDUCTIO, Civil law. Location conduction is a consensual contract, by which a person becomes bound to deliver to another the use of a thing for a certain time, or to do work at. a certain price. 1 Bouv. Inst. n. 984.

LOCATIO MERCIUM VEHENDARUM, contracts. A term used in the civil law to signify the carriage of goods for hire.

2. In respect to contracts of this sort entered into by private persons, not exercising the business of common carriers, there does not seem to be any material distinction varying the rights, obligations and duties of the parties from those of other bailees for hire. Every such private person is bound to ordinary diligence, and a reasonable exercise of skill; and of course he is not responsible for any losses not occasioned by ordinary negligence unless he has expressly, by the terms of his contract, taken upon himself such risk. 2 Ld. Raym. 909, 917, 918; 4 Taunt. 787; 6 Taunt. 577; 2 Marsh. 293,; Jones' Bailm. 103, 106, 121; 2 Bos. & Pull. 1l7; 1 Bouv. Inst. n. 1020. See Common Carrier.

LOCATIO OPERIS, contracts. A term used in the civil law, to signify the hiring of labor and services. It is a contract by which one of the parties gives a certain work to be performed by the other, who binds himself to do it for the price agreed between them, which he who gives the work to be done promises to pay to the other for doing it. Poth. Louage, n. 392. This is divided into two branches, first, Locatio operis faciendi; and, secondly, Locatio mercium vehendarum. See these words.

LOCATIO OPERIS FACIENDI, contracts. A term used in the civil law. There are two kinds, first, the location operis faciendi, strictly so called, or the hire of labor and services; such as the hire of tailors to make clothes, and of jewelers to set gems, and of watchmakers to repair watches. Jones' Bailm. 90, 96, 97. Secondly, Locatio custodiae, or the receiving of goods on deposit for a reward, which is properly the hire of care and attention about the goods. Story on Bailm. 422, 442; 1 Bouv. Inst. n. 994.

2. In contracts for work, it is of the essence of the contract, first, that there should be work to be done; secondly, for a price or reward; and, thirdly, a lawful contract between parties capable and intending to contract. Pothier, Louage, n. 395 to 403.

LOCATIO REI, contracts. A term used in the civil law, which signifies the hiring of a thing. It is a contract by which one of the parties obligates himself to, give to the other the use and enjoyment, of a certain thing for a period of time agreed upon between them, and in consideration of a price which the latter binds himself to pay in return. Poth. Contr. de Louage, n. l. See Bailment; Hire; Hirer; Letter.

LOCATION, contracts. A contract by which the temporary use of a subject, or the work or service of a person, is given for an ascertained hire. 1 Bell's Com. B. 2, pt. 3, c. 2, s. 4, art. 2, §1, page 255. Vide Bailment; Hire.

LOCATION, estates. Among surveyors, who are authorized by public authority to lay out lands by a particular warrant, the act of selecting the land designated in the warrant and surveying it, is called its location. In Pennsylvania, it is an application made by any person for land, in the office of the secretary of the late land office of Pennsylvania, and entered in the books of said office, numbered and sent to the surveyor general's office. Act June 25, 1781, §2, 2 Sm. Laws, 7.

LOCATOR, civil law. He who leases or lets a thing to hire to another. His duties are, 1st. To deliver to the hirer the thing hired, that he may use it. 2d. To guaranty to the hirer the free enjoyment of it. 3d. To keep the thing hired in good order in such manner that the hirer may enjoy it. 4th. To warrant that the thing hired has not such defects as to destroy its use. Poth. Du. Contr. de Louage, n. 53.

LOCK-UP HOUSE. A place used, temporarily as a prison.

LOCO PARENTIS. In the place of a parent.

2. It is frequently important in cases of devises and bequests, to ascertain whether the testator did or did not stand towards the devisee or legatee, in loco parentis. In general, those who assume the parental character may be considered as standing in that relation but this character must clearly appear.

3. The fact of his so standing may be shown by positive proof, or the express declarations of the testator in his will, or by circumstances; as, when a grandfather; 2 Atk. 518; a brother; 1 B. & Beat. 298; or an uncle; 2 A. 492; takes an orphan child under his care, or supports him, he assumes the office of a parent. The law places a master in loco parentis in relation to bis apprentice. See 2 Ashm. R. 178, 207; 2 Bouv. Inst. n. 2216.

LOCUM TENENS. He who holds the place of another, a deputy; as A B, locum tenens of C D, mayor of the city of Philadelphia.

LOCUS. The place where a thing is done.

LOCUS CONTRACTUS. The place of the contract. In general, the law of the place where the contract is made, governs in everything which relates to the mode of construing it. Vide Lex loci contractus.

LOCUS DELICTI. The place where the tort, offence, or injury bas been committed.

LOCUS POENITENTIAE. contracts, crim. law. Literally this signifies a place of repentance; in law, it is the opportunity of withdrawing from a projected contract, before the parties are finally bound; or of abandoning the intention of committing a crime, before it has been completed, 2 Bro. C. R. 569; Ersk. Laws of Scotl. 290. Vide article Attempt.

LOCUS IN QUO. The place in which. In pleadings it is the place where any- thing is alleged to have been done. 1 Salk. 94.

LOCUS REI SITAE. The place where a thing is situated. In proceedings in rem, in real actions in the civil law, or: those which have for their object the recovery of a thing; and in real actions in the common law, or those for the recovery of land, the proper forum is the locus rei sitae. 2 Gall. R. 191.

LOCUS SIGILLI. The place of the seal. 2. In many of the states, instead of sealing deeds, writs, and other papers or documents requiring it, a scroll is made in which the letters L. S. are printed or written, which is an abbreviation of Locus Sigilli. This in some of the states has all the efficacy of a seal, but in others it has no such effect. See Scroll.

LODGER. One who has a right to inhabit another man's house. He has not the same right as a tenant; and is not entitled to the same notice to quit. Woodf. L. &_T. 177. See 7 Mann. & Gr. 87; S. C. 49 E. C. L. R. 85, 151, and article Inmate.

LODGINGS. Habitation in another's house, in which the owner dwells; the oc- cupier being termed a lodger.

LOG BOOK. A ship's journal. It contains a minute account of the ship's course, with a short history of every occurrence during the vovage. 1 Marsh. Ins. 408. When a log books required by law to be kept, it is an official register so far as regards the transactions required by law to be entered in it, but no further. Abbott on Shipp. by Story, 468, n. 1; 1 Summ. R. 373 2 Summ. 19, 78; 4 Mason, R. 544; 1 Esp. R. 427.

LOQUELA, practice. An imparlance. Loquela sine die, a respite in law to an indefinite time. Formerly by loquela was meant the allegations of fact mutually made on either side, now denominated the pleadings. Steph. PI. 29.

LORD. In England, this is a title of honor. Fortunately in the U. S. no such titles are allowed.

LORD'S DAY. The same as Sunday. (q. v.) Dies Dominicus non est juridicus. Co. Litt. 135; Noy's Max. 2.

LOSS, contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.

2. In cases of partnership, the losses are in general borne by the partners equally, unless stipulations or circumstance's manifest a different intention. Story, Partn. §24. But it is not essential that the partners should all share the losses. They may agree, that if there shall be no profits, but a loss, that the loss shall be borne by one or more of the partners exclusively, and that the others shall, inter se, be exempted from all liabilities for losses. Colly. Partn. 11; Gow, Partn. 9; 3 M. & Wels. 357; 5 Barn. & Ald. 954 Story, Partn. §23.

3. When a thing sold is lost by an accident, as by fire, the loss falls on the owner, res perit domino, and questions not unfrequently arise, as to whether the thing has been delivered and passed to the purchaser, or whether it remains still the property of the seller. See, on this subject, Delivery.

LOSS IN INSURANCE, contracts. A loss is the injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortunes against which the insurer, in consideration of the premium, has undertaken to indemnify the insured. 1 Bouv. Inst. n. 1215.

2. These accidents or misfortunes, or perils, as they are usually denom-inated, are all distinctly enumerated in the policy. And no loss, however great or unforeseen, can be a loss with the policy, unless it be the direct and immediate consequence of one or more of these perils, Marsh. Ins. B, 1, c. 12. As to the risks which are within the common policy, see Marsh. Ins. c. 7, s. 2.

3. Every loss is either total or partial.

4. The term total loss is understood in two different senses; natural and legal. In its natural sense it signifies the complete and absolute destruction of the thing inured. In its legal sense, it means, not merely the entire de-struction or deprivation of the thing insured, but also such damage to it, though it specifically remain, as renders it of little or no value to the owner. A loss is also deemed total, if, by the happening of any of the perils or misfortunes insured against, the voyage be lost, or be not worth pursuing, and the projected adventure be frustrated; or if the value of what he saved, be less than the freight. See Dougl. 231; 1 T. R. 608; Id. 187; Str. 1065; 13 East, R. 323; 2 M. & S 374 1 N. R. 236; 1 Wils. 191; 4 T. R. 785 9 East, R. 283; 3 B. & P. 388; Marsh. Ins. B. 1, c. 12; 1 T. R. 187.

5. A partial loss, is any loss or damage short of, or not amounting to a total loss, for if it be not the latter it must be the former. See 4 Mass. 374; 6 Mass. 102; Id, 122; Id. 317; 7 Mass. 349; 9 Mass. 20; 12 Mass. 170; 12 Mass. 288; 6 Mass. 479; 8 Mass. 494; 10 Johns. Rep. 487; 8 Johns. 237; 5 Binn. 595; 2 Serg. & Rawle, 553.

6. Partial losses are sometimes denominated average losses, because they are often in the nature of those losses which are the subject of average contributions; and they are distinguished into general and particular averages. See tit. Average.

7. Losses are occasioned in a variety of ways but most usually by the following: 1. By perils of the sea. See tit. Perils of the Sea. 2. By collision, as where one ship drives against, or runs foul of another. Marsh. Ins. B. 1, c. 12, s. 2. 3. By fire. Marsh. B. 1, c. 12, s. 3. 4. By capture. See tit. Capture; Marsh. Ins. B. 1. c. 12, s. 4; 2 Caines' C. Err. 158; 7 Johns. R. 449; 13 Johns. R. 161; 14 Johns. R. 227; 3 Wheat. 183; 4 Cranch, 43; 6 Mass. 197. 5. By detention of princes. By the terms of the policy, the insurer is liable for all loss occasioned by "arrest or detainments of all kings, princes, and people, of what nation, condition, or quality soever." Under these words, the insurers are liable for all losses occasioned by arrests or detention of the ship, or goods insured, by the authority of any prince or public body claiming to exercise sovereign power, under what pretence soever. Marsh. Ins. B. 1, c. 12, s. 5. See Embargo; People. 6. By Barratry. Marsh. Ills. B. 1, c. 12, s. 6. See tit. Barratry; 2 Caines' R. 67; Id. 222; 3 Caines' Rep. 1; 1 Johns. R. 229; 8 Johns. R. 209, 2d edit.; 5 Day, 1; 11 Johns. Rep. 40; 13 Johns. Rep. 451; 2 Binn. 574; 2 Dall. 137; 8 Cranch, 39; 3 Wheat. 168. 7. By average by contribution. See Marsh. Ins. B. 1, c. 12, s. 7; this Dict. tit. Average. 8., By salvage. See tit. Salvage; Marsh. Ins. B. 1, c. 12, s. 8. 9. By the death of animals. If animals, such as horses, cattle, or beasts or birds of curiosity, be insured in their passage by sea, their death, occasioned by tempests, by the shot of an enemy, by jettison in a storm, or by any other extraordinary accident, occasioned by the perils enumerated in the policy, is a loss for which the underwriters are liable. Not so, if it be occasioned by mere disease or natural death. Marsh. Ins. B. 1, c. 12, s. 10. 10. By fraud. Marsh. Ins. B. 1, c. 12, s. 11. See, generally, Com. Dig. Merchant, E 9, n; Bac. Abr. Merchant, 1. 5

LOST. What was once possessed and cannot now be found.

2. When a bond or other deed was lost, formerly the obligee or plaintiff was compelled to go into equity to seek relief, because there was no remedy a law, the plaintiff being required to make profert in his declaration. 1 Chan. c. 7T. But in process of time courts of law dispensed with profert in such cases, and thereby obtained concurrent jurisdiction with the courts of chancery, so that now the loss of any paper, other than a negotiable note, will not prevent the plaintiff from recovering at law as well as in equity. 3 Atk. 214; 1 Ves. 341; 5 Ves. 235; 6 Ves. 812, 7 Ves. 19; 3 V. & B. 54.

3. When a negotiable note has been lost, equity will grant relief. In such case the claimant must tender an indemnity to the debtor, and file a bill in chancery to compel payment. 7 B. & C. 90; Ryan & Mo. 90; 4 Taunt. 602; 2 Ves. sen. 327; 16 Ves. 430.

LOST PAPERS. When a paper containing an agreement between parties, a will, and the like, has been so mislaid, that after a diligent search it cannot be found, it is said to be lost.

2. When such a document has been lost, and it is required to prove its contents, the party must prove that he has made diligent search, and, in good faith, exhausted all sources of information accessible to him. For this purpose bis own affidavit is sufficient. 1 Atk. 446; 1 Greenl. Ev. §349. On being satisfied of this, the court will allow secondary evidence to be given of its contents. See Evidence.

3. Even a will proved to be lost, may be admitted to probate, upon secondary evidence. 1 Greenl. Ev. §84, 509, 575; 2 Greenl. Ev. §668, a, 2d ed. But the fact of the loss must be proved by the clearest evidence, because it may have been destroyed by the testator animo revocandi. 8 Mete. 487; 2 Addams, 223; 6 Wend. 173; 1 Hagg. Eccl. R. 115; 3 Pick. 67; 5 B. Munroe, 58; 2 Curt. 913.

LOST OR NOT LOST. These words are sometimes inserted in policies of marine insurance. They are used when the underwriter undertakes that if the ship or goods should be lost at the time of the insurance, still the underwriter is liable, provided there is no fraud. Moll. B. 2, c. 7, s. 5; Hildy. on Mar. Ins. 10.

LOT. Anything on which depends the accidental determination of a right by which we acquire or lose something; or it is that which fortuitously deter-mines what we are to acquire. When it can be certainly known what are our rights, we ought never to resort to a decision by lot; but when it is impossible to tell what actually belong to us, as if an estate is divided into three parts and one part given to each of three persons, the proper way to ascertain each one's part is to draw lots. Wolff, Dr. &c., de la Nat. §669.

LOT OF GROUND. A small piece of land in a town or city usually employed for building, a yard, a garden or such other urban use. Lots are in-lots, or those within the boundary of the city or town, and out-lots, those which are out of such boundary, and which are used by some of the inhabitants of such town or city.

LOTTERY. A scheme for the distribution of prizes by chance.

2. In most, if not all of the United States, lotteries not specially authorized by the legislatures of the respective states are prohibited, and the persons concerned in establishing them are subjected to a heavy penalty. This is the case in Alabama, Connecticut Delaware, Georgia, Kentucky, Maryland, Massachusetts, Mississippi, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont and Virginia. ln Louisiana, a license is granted to sell tickets in a lottery not authorized by the legislature of that state, on the payment of $5000, and the license extends only to one lottery. In many of the states, the lotteries authorized by other states, are absolutely prohibited Encycl. Amer. h. t.

LOUISIANA. The name of one of the new states of the United States of America. This state was admitted into the Union by the act of congress, entitled "An act for the admission of the state of Louisiana into the Union, and to extend the laws of the United States to the said state," approved April 8, 1812, 2 Story's L. U. S. 1224; the preamble of which recites and the first section enacts as follows, namely:

2. Whereas the representatives of the people of all that part of the territory or country ceded, under the name of "Louisiana," by the treaty made at Paris, on the thirtieth day of April, one thousand eight hundred and three, between the United States and France, contained within the following limits; that is to say: beginning at the mouth of the river Sabine; thence, by a line to be drawn along the middle of said river, including all islands to the thirty-second degree of latitude; thence, due north, to the northernmost part of the thirty-third degree of north latitude, thence, along the said parallel of latitude, to the river Mississippi; thence, down the said river, to the river Iberville; and from thence, along the middle of the said river, and lakes Maurepas and Ponchartrain, to the gulf of Mexico; thence, bounded by the said gulf, to the place of beginning; including all islands within three leagues of the coast; did, on the twenty-second day of January, one thousand eight hundred and twelve, form for themselves a constitution and state government, and give to the said state the name of the state of Louisiana, in pursuance of an act of congress, entitled "An act to enable the people of the territory of Orleans to form a constitution and state government, and for the admission of the said state into the Union, on an equal footing with the original states, and for other purposes: And the said constitution having been transmitted to congress, and by them being hereby approved; therefore,

3. - §1. Be it enacted, &c. That the said state shall be one, and is hereby declared to be one of the United Staies of America and admitted into the Union on an equal footing with the original states, in all respects whatever, by the name and title of the state of Louisiana: Provided, That it shall be taken as a condition upon which the said state is incorporated in the Union, that the river Mississippi, and the navigable rivers and waters leading into the same, and into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said state as to the inhabitants of other states, and the territories of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state; and that the above con- dition, and also all other the conditions and terms contained in the third section of the act, the title whereof is hereinbefore recited, shall be considered, deemed, and taken, fundamental conditions and terms, upon which the said state is incorporated in the Union. See 11 M. R. 309.

4. By the present constitution of the state of Louisiana, which was adopted in 1845; the powers of the government of the state of Louisiana, are divided into three distinct departments, each of them confined to a separate body of magistracy, to wit: The legislative to one, the executive to another, and the judicial to a third. Title I.

5.-1st. The legislative power is vested in a general assembly, which consists of a senate and house of representatives.

6. - §1. The senate will be considered with reference to the qualification of the electors; the qualification of the members the length of time for which they are elected and the time of their election. 1. In all elections by the people, every free white male, who has been two years a citizen of the United States, who has attained the age of twenty-one years, and resided in the state two consecutive years next preceding the election, and the last year thereof in the parish in which he offers to vote, shall have the right of voting: Provided, That no person shall be deprived of the right of voting, who, at the time of the adoption of this constitution, was entitled to that right under the constitution of 1812. Absence from the state for more than ninety conse- cutive days, shall interrupt the acquisition of the residence required in the preceding section, unless the person absenting himself shall be a housekeeper, or shall occupy a tenement for carrying on business, and his dwelling house or tenements for carrying on business, be actually occupied during his absence, by his family or servants, or some portion thereof, or by some one employed by him. No soldier, seaman, or marine in the army or navy of the United States, no pauper, no person under interdiction, nor under conviction of any crime punishable by hard labor, shall be entitled to vote at any election in this state. 2. No person shall be a senator, who, at the time of bis election, has not been a citizen of the United States ten years, and who has not attained the age of twenty-seven years and resided in the state four years next preceding his election, and the last year thereof, in the district in which he may be chosen. The number of senators shall be thirty-two. 3. The members of the senate shall be chosen for the term of four years. 4. Their election takes place on the first Monday in November, every two years, so that one half of their number are elected every two years, and a perpetual rotation thereby kept up.

7. - §2. The house of representatives will be treated of in the same manner as that of the senate. 1. The electors are qualified in the same manner as those of the senate. 2. No person shall be a representative, who, at the time of his election, is not a free white male, and has not been for three years a citizen of the United States, and has not attained the age of twenty-one years, and resided in the state for three years next preceding the election, and the last year thereof in the parish for which he may be chosen. The number of representatives shall not be more than one hundred, nor less than seventy. 3. They are chosen every two years. 4. Their election is on the first Monday in November, every two years. Title II.

8. - 2d. The supreme executive power of the state shall be vested in a chief magistrate, who shall be styled the governor of the state of Louisiana. He is elected by the qualified electors at the time and place of voting for representatives; the person having the greatest number of votes, shall be declared elected. But if two or more persons shall be equal in the highest number of votes polled, one of them shall immediately be chosen governor by the joint vote of the members of the general assembly. 2. No person shall be eligible to the office of governor, who shall not have attained the age of thirty-five years, been fifteen years a citizen of the United States, and a resident within the state for the same space of time next preceding his election. 3. He shall hold his office during the term of four years, but shall be ineligible for the succeeding four years after its termination. 4. His principal functions are as follows: He shall be commander-in-chief of the army and navy of this state, and of the militia thereof, except when they shall be called into the service of the United States. He shall take care that the laws be faithfully executed. From time to time give to the general assembly information respecting the situation of the state, and recommend to their consideration such measures as he may deem expedient. Shall have power to grant reprieves for all offences against the state. With the consent of the senate, have power to grant pardons and remit fines and forfeitures, after conviction, except in cases of impeachment. In cases of treason, may grant reprieves until the end of the next session of the general assembly, in which the pardoning power shall be vested. Shall nominate, and by and with the advice and consent of the senate, appoint all officers established by this constitution, whose mode of appointment is not otherwise prescribed by the constitution, nor by the legislature. Have power to fill vacancies during the recess of the senate, provided he appoint no one whom the senate have rejected for the same office. May, on extraordinary occasions convene the general asserably at the seat of government, or at a different place, if that should have become dangerous from an enemy or from an epidemic; and in case of disagreement between the two houses as to the time of adjournment, he may adjourn them to such time as he may think proper, not exceeding four months. He shall have the veto power. Title III.

9. - 3d. The judicial power is vested by title IV of the constitution, as follows:

10. - §1. The judicial power shall be vested in a supreme court, in district courts, and injustices of the peace.

11. - §2. The supreme court, except in cases hereinafter provided, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases when the matter in dispute shall exceed three hundred dollars, and to all cases in which the constitutionality or legality of any tax, toll, or impost of any kind or nature soever, shall be in contestation, whatever may be the amount thereof; and likewise to all fines, forfeitures, and penalties imposed by municipal corporations, and in criminal cases on questions of law alone, whenever the punishment of death or hard labor may be inflicted, or when a fine exceeding three hundred dollars is actually imposed.

12. - §3. The supreme court shall be composed of one chief justice, and of three associate justices, a majority of whom shall constitute a quorum. The chief justice shall receive a salary of six thousand dollars, and each of the associate judges a salary of five thousand five hundred dollars annually. The court shall appoint its own clerks. The judges shall be appointed for the term of eight years.

13. - §4. When the first appointments are made under this constitution, the chief justice shall be appointed for eight years, one of the associate judges for six years, one for four years, and one for two years and in the event of the death, resignation, or removal of any of said judges before the expiration of the period for which he was appointed, his successor shall be appointed only for the remainder of his term; so that the term of service of no two of said judges shall expire at the same time.

14. - §5. The supreme court shall hold its sessions in New Orleans, from the first Monday of the month of November, to the end of the month of June, inclusive. The legislature shall have power to fix the sessions elsewhere during the rest of the year; until otherwise provided, the sessions shall be held as heretofore.

15. - §6. The supreme court, and each of the judges thereof, shall have power to issue writs of habeas corpus, at the instance of all persons in actual custody under process, in all cases in which they may have appellate jurisdiction.

16. - §7. In all cases in which the judges shall be equally divided in opinion, the judgment appealed from shall stand affirmed; in which case each of the judges shall give his separate opinions in writing.

17. - §8. All judges, by virtue of their office, shall be conservators of the peace throughout the state. The style of all processes shall be, "The State of Louisiana." All prosecutions, shall be carried on in the name and by the authority of the state of Louisiana, and conclude, against the peace and dignity of the same.

18. - §9. The judges of all the courts within this state shall, as often as it may be possible so to do, in every definite judgment, refer to the particular law in virtue of which such judgment may be rendered, and in all cases adduce the reasons on which their judgment is founded.

19. - §10. No court or judge shall make any allowance by way of fee or compensation in any suit or proceedings, except for the payment of such fees to ministerial officers as may be established by law.

20. - §11. No duties or functions shall ever be attached by law to the supreme or district courts, or to the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries for any civil duties performed by them.

21. - §12. The judges of all courts shall be liable to impeachment; but for any reasonable cause, which shall not be sufficient ground for impeachment, the governor shall remove any of them on the address of three-fourths of the members present of each house of the general assembly. In every such case the cause or causes for which such removal may be required, shall be stated at length in the address, and inserted in the journal of each house.

22. - §13. The first legislature assembled under this constitution shall divide the state into judicial districts, which shall remain unchanged for six years, and be subject to reorganization every sixth year thereafter. The number of districts shall not be less than twelve, nor more than twenty. For each district one judge, learned in the law, shall be appointed, except in the districts in which the cities of New Orleans and Lafayette are situated, in which the legislature may establish as many district courts as the public interest may require.

23. - §14. Each of the said judges shall receive a salary to be fixed by law, which shall not be increased or diminished during his term of office, and shall never be less than two thousand five hundred dollars annually. He must be a citizen of the United States, over the age of thirty years, and have resided in the state for six years next preceding his appointment, and have practised law therein for the space of five years.

24. - §15. The judges of the district courts shall hold their offices for the term of six years. The judges first appointed shall be divided by lot into three classes, as nearly equal as can be, and the term of office of the judges of the first class shall expire at the end of two years, of the second class at the end of four years, and of the third class at the end of six years.

25. - §16. The district courts shall have original jurisdiction in all civil cases when the amount in dispute exceeds fifty dollars, exclusive of interest. In all criminal cases, and in all matters connected with successions, their jurisdiction shall be unlimited.

26. - §17. The jurisdiction of justices of the peace shall never exceed, in civil cases, the sum of one hundred dollars, exclusive of interest, subject to appeal to the district court in such cases as shall be provided for by law. They shall be elected by the qualified voters of each parish for the term of two years, and shall have such criminal jurisdiction as shall be provided for by law.

LOW WATER MARK. That part of the shore of the sea to which the waters re- cede when the tide is the lowest. Vide High Water Mark; River; Sea Shore; Dane's Ab. h. t.; 1 Halst. R. 1.

LOYAL. Legal; according to law; as, loyal matrimony, a lawful marriage; at- tached to the existing law.

LOYALTY. That which adheres to the law, that which sustains an existing government. See Penal Laws of China, 3.

LUCID INTERVAL, med. jur. That space of time between two fits of insanity, during which a person non compos mentis is completely restored to the perfect enjoyment of reason upon every subject upon which the mind was previously cognizant. Shelf. on Lun. 70; Male's Elem. of Forensic Medicine, 227; and see Dr. Haslam on Madness, 46; Reid's Essays on Hypochondriasis, 317 Willis on Mental Derangement, 151.

2. To ascertain whether a partial restoration to sanity is a lucid interval, we must consider the nature of the interval and its duration. 1st. Of its nature.: "It must not," says D'Aguesseau, "be a superficial tranquillity, a shadow of repose, but on the contrary, a profound tranquillity, a real repose; it must not be a mere ray of reason, which only makes its absence more apparent when it is gone, not a flash of lightning, which pierces through the darkness only to render it more gloomy and dismal, not a glimmering which unites night to the day; but a perfect light, a lively and continued lustre, a full and entire day, interposed between two separate nights of the fury which precedes and follows it; and to use another image, it is not a deceitful and faithless stillness, which follows or forebodes a storm, but a sure and steady tranquillity for a time, a real calm, a perfect serenity; without looking for so many metaphors to represent an idea, it must not be a mere diminution, a remission of the complaint, but a kind of temporary cure, an intermission so clearly marked, as in every respect to resemble the restoration of health." 2d, Of its duration. "As it is impossible," he continues, "to judge in a moment of the qualities of an interval, it is requisite that there should be a sufficient length of time for giving a perfect assurance of the temporary reestablishment of reason, which it is not possible to define in general, and which depends upon the different kinds of fury, but it is certain there must be a time, and a considerable time." 2 Evan's Poth. on Oblig. 668, 669.

3. It is the duty of the party who contends for a lucid interval to prove it; for a person once insane is presumed so, until it is shown that he has a lucid interval or has recovered. Swinb. 77; Co. Litt. by Butler, n. 185; 3 Bro. C. C. 443; 1 Rep. Con. Ct. 225; 1 Pet. R. 163; 1 Litt. R. 102. Except perhaps the alleged insanity was very long ago, or for a very short con- tinuance. And the wisdom of a testament, when it is proved that the party framed it without assistance, is a strong presumption of the sanity of a testator. 1 Phill. R. 90;1 Hen. & Munf. 476.

4. Medical men have doubted of the existence of a lucid interval, in which the mind was completely restored to its sane state. It is only an abatement of the symptoms, they say, and not a removal of the cause of the disease; a degree of irritability of the brain remains behind which renders the patient unable to withstand any unusual emotion, any sudden provocation, or any unexpected pressing emergency. Dr. Combe, Observations on Mental Derangement, 241; Halsam, Med. Jur. of Insanity, 224; Fodere, De Medecine Legale, tom, 1 , p. 205, 140; Georget, Des Maladies Mentales, 46; 2 Phillim. R. 90; 2 Hagg. Eccl. R. 433; 1 Phillim. Eccl. R. 84.

See further, Godolph. 25; 3 Bro. C. C. 443; 11 Ves. 11; Com. Dig. Testi-moigne, A 1; 1 Phil. Ev. 8; 2 Hale, 278; 10 Harg. State Tr. 478; Erskine's Speeches, vol. 5, p. l; 1 Fodere, Med. Leg. § 205.

LUCRE. Gain, profit. Cl. des Lois Rom. h. t.

LUCRI CAUSA. This is a Latin expression, which signifies that the thing to which it applies is done for the sake of gain.

2. It was supposed that when a larceny was committed the taking should have been lucri causa; but it has been considered that it is not necessary the taking should be lucri causa, if it be fraudulenter, with intent to wholly deprive the owner of the property. Russ. & Ry. 292; 2 RUSS.' on Cr. 92. 1 Car. & K. 532. Vide Inst. lib. 4, t. 1, s. 1.

LUGGAGE. Such things as are carried by a traveller, generally for his personal accommodation; baggage. In England this word is generally used in the same sense that baggage is used in the United States. See Baggage.

LUNACY, med. jur. A disease of the mind, which is differently defined as it applies to a class of disorders, or only to one species of them. As a general term it includes all the varieties of mental, disorders, not fatuous.

2. Lunacy is adopted as a general term, on account of its general use as such in various legislative acts and legal proceedings, as commissions of lunacy, and in this sense it seems to be synonymous with non compos mentis, or of unsound mind.

3. In a more restricted sense, lunacy is the state of one who has bad understanding, but by discase, grief, or other accident, has lost the use of reason. 1 Bl. Com. 304.

4. The following extract from a late work, Stock on the Law of Non Compotes Mentis, will show the difficulties of discovering what is and what is not lunacy. "If it be difficult to find an appropriate definition or comprehensive name for the various species of lunacy," says this author, page 9, "it is quite as difficult to find anything approximating to a positive evidence of its presence. There are not in lunacy, as in fatuity, external signs not to be mistaken, neither is there that similarity of manner and conduct which enables any one, who has observed instances of idiocy or imbecility, to detect their presence in all subsequent cases, by the feebleness of perception and dullness of sensibility common to them all. The varieties of lunacy are as numerous as the varieties of human nature, its excesses commensurate with the force of human passion, its phantasies coextensive with the range of human intellect. It may exhibit every mood from the most serious to the most gay, and take every tone from the most sublime to the most ridiculous. It may confine itself to any trifling feeling or opinion, or overcast the whole moral and mental conformation. It may surround its victim with unreal persons and events, or merely cause him to regard real persons and events with an irrational favor or dislike, admiration or contempt. It may find satisfaction in the most innocent folly, or draw delight from the most atrocious crime. It may lurk so deeply as to elude the keenest search, or obtrude so openly as to attract the most careless notice. It may be the fancy of an hour, or the distraction of a whole life. Such being the fact, it is not surprising that many scientific and philosophical men have vainly exhausted their observation and ingenuity to find out some special quality, some peculiar mark or characteristic common to all cases of lunacy, which might serve at least as a guide in deciding on its absence or presence in individual instances. Being hopeless of a definition, they would willingly have contented themselves with a test, but even this the obscurity and difficulty of the subject seem to forbid.

5. Lord Erskine, who, in his practice at the bar, had his attention drawn this way, from being engaged in some of the most remarkable trials of his time involving questions of lunacy, has given as his test, "a delusive image, the inseparable companion of real insanity," (Ersk. Misc. Speeches) and Dr. Haslam, whose opportunities of observation have surpassed most other persons, has proposed nearly the same, by saying that "false belief is the essence of insanity." (Haslam on Insanity.) Sir John Nicholl, in his admirable judgment in the case of Dew v. Clark, thus expresses himself: "The true criterion is, where there is delusion of mind there is insanity; that is, when persons believe things to exist, which exist only, or at least, in that degree exist only in their own imagimation, and of the non-existence of which neither argment nor proof can convince them; they are of unsound mind; or as one of the counsel accurately expressed it, it is only the belief of facts, which no rational person could have believed, that is insane delusion." (Report by Haggard, p. 7.) Useful as these several remarks are, they are not absolutely true. It is indeed beyond all question that the great majority of lunatics indulge in some "delusive image," entertain some "false belief." They assume the existence of things or persons which do not exist, and so yield to a delusive image, or they come to wrong conclusions about persons and things which do exist, and so fall into a false belief. But there is a class of cases where lunacy is the result of exclusive indulgence in particular trains of thought or feeling, where these tests are sometimes wholly wanting, and yet where the entire absorption of the faculties in one pedominant idea, the devotion of all the bodily and mental powers to one useless or injurious purpose, prove that the mind has lost its equilibrium. With some passions, indeed, such as self-esteem and fear, what was at first an engrossing sentiment, will often go on to a positive delusion; the self-adoring egotist grows to fancy himself a sovereign or a deity; the timid valetudinarian becomes the prey of imaginary diseases, the victim of unreal persecutions. But with many other passions, such as desire, avarice or revenge, the neglect and forgetfulness of all things save one, the insensibility to all restraints of reason, morality, or prudence, often proceed to such an extent as to justify holding an individual as a lunatic, incapable of all self-restraint, although, strictly speaking, not possessed by any delusive image or false belief. Much less do these tests apply to many cases of irresistible propensity to acts wholly irrational, such as to murder or to steal without the smallest assignable motive, which, rare as they are, certainly occur from time to time, and cannot but be held as an example of at least partial and temporary lunacy. It is to cases where no false belief or image can be detected, that the remark of Lord Erskine is more particularly applicable; "they frequently mock the wisdom of the wisest in judicial trials," (Ersk. Misc. Speeches,) and were not the paramount object of all legal punishment the benefit of the community, which makes it inexpedient to spare offenders against the law, if insanity be the ground of their de-fence, except upon the clearest proof, lest skilful dissemblers should thereby be led to hope for impunity, very subtle questions might no doubt be raised as to the degree of moral responsibility and mental sanity attaching to the perpetrators of many atrocious acts, seeing that they often commit them tinder temptations quite inadequate to allure men of common prudence, or under passions so violent as to suspend altogether the operations of reason or free will. For as it is impossible to obtain an accurate definition of lunacy, so it is manifestly so, to draw the line correctly between it and its opposite rationality, or, to borrow the words of Chief Justice Hale, (1 Hale's P. C. p. 30,) "Doubtless most persons that are felons, of themselves and others, are under a degree of partial insanity when they commit those offences. It is very difficult to define the indivisible line that divides perfect and partial, insanity; but it must rest on circumstances duly to be weighed and considered both by the judge and jury, lest on one side there be a kind of inhumanity towards the defects of human nature, or on the other side too great an indulgence given to great crimes."

LUNAR. That which belongs to the moon; relating to the moon as a lunar month. See Month.

LUNATIC, persons. One who has had an understanding, but who, by disease, grief, or other accident, has lost the use of his reason. A lunatic is properly one who has had lucid intervals, sometimes enjoying his senses, and sometimes not. 4 Co. 123; 1 Bl. Com. 304; Bac. Abr. Idiots, &c., A; 1 Russ. on Crimes, 8; Shelf. on Lun. 4; Merlin, mot Demence; Fonbl. Eq. Index, h. t.; 15 Vin. Ab. 131; 8 Com. Dig. 721; 1 Supp. to Ves. jr. 94, 130, 369, 404; 2 Supp. to Ves. jr. 51, 106, 151, 360; 1 Vern. 9, 137, 262; Louis. Code, tit. 9, c. 1; and articles Lucid Interval; Lunacy.

LYING IN GRANT. Incorporeal rights and things which cannot be transferred by livery of possession, but which exist only in idea, in contemplation of law, are said to lie in grant, and pass by the mere delivery of the deed. Vide Grant; Livery of Seisin; Seisin.

LYING IN WAIT. Being in ambush for the purpose of murdering another.

2. Lying in wait is evidence of deliberation and intention.

3. Where murder is divided into degrees, as in Pennsylvania, lying in wait is such evidence of malice, that it makes the killing, when it takes place, murder in the first degree. Vide. Dane's Ab. Index, h. t.

LYNCH-LAW. A common phrase used to express the vengeance of a mob, inflicting an injury, and committing an outrage upon a person suspected of some offence. In England this is called Lidford Law. Toml.L. Dict. art. Lidford Law.