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:

          Bouvier's Law Dictionary : L2 : Page 1 of 26

                      Common   ancestor.
               |              |
               o              o
               |              |
               o              o
     Direct    |              | Collateral
      line.    o              o line.
               |              |
               o              o
               |              |
               o              o
               |              |
               O              o

  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
                     |      |
                  F  |      |          +----- o
                  a  |      |          |
                  t  |      +-----o----|
                  h  |                 |
                  e  |                 +----- o
                  r  |
               |     |
               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  |
                  M  |                +----- o
                  o  |                |
                  t  |     +-----o----|
                  h  |     |          |
                  e  |     |          +----- o
                  r  |     |
                           |          +----- o
                           |          |
                                      +----- o

          Bouvier's Law Dictionary : L2 : Page 2 of 26

 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

          Bouvier's Law Dictionary : L2 : Page 3 of 26

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.

   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

          Bouvier's Law Dictionary : L2 : Page 4 of 26

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,

          Bouvier's Law Dictionary : L2 : Page 5 of 26

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

          Bouvier's Law Dictionary : L2 : Page 6 of 26

   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

   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

   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.

          Bouvier's Law Dictionary : L2 : Page 7 of 26

   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.

          Bouvier's Law Dictionary : L2 : Page 8 of 26

   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.

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   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

   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.

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   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

  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

   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

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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.

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  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.

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   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.

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   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.

   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.

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   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

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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;

   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.

          Bouvier's Law Dictionary : L2 : Page 17 of 26

   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 26
12.  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

          Bouvier's Law Dictionary : L2 : Page 18 of 26

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.

          Bouvier's Law Dictionary : L2 : Page 19 of 26

   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

   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

  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

          Bouvier's Law Dictionary : L2 : Page 20 of 26

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

    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

  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

  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

   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.

          Bouvier's Law Dictionary : L2 : Page 21 of 26

   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.

          Bouvier's Law Dictionary : L2 : Page 22 of 26

  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

          Bouvier's Law Dictionary : L2 : Page 23 of 26

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

          Bouvier's Law Dictionary : L2 : Page 24 of 26

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;

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

   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.

          Bouvier's Law Dictionary : L2 : Page 25 of 26

   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.

          Bouvier's Law Dictionary : L2 : Page 26 of 26

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