VACANCY. A  place which  is empty.  The  term  is  principally
applied to cases where an office is not filled.

   2. By the constitution of the United States, the president has
the power  to fill up vacancies that may happen during the recess
of the  senate. Whether  the president  can create  an office and
fill it  during the recess of the senate, seems to have been much
questioned. Story, Const. §1553. See Serg. Const. Law, ch. 31;  1
Breese, R. 70.

   VACANT POSSESSION, estates. An estate which has been abandoned
by the tenant;  the abandonment must be complete in order to make
the possession  vacant, and therefore if the tenant have goods on
the premises, it will not be so considered. 2 Chit. Rep. 17 7;  2
Str. 1064;  Bull. N. P. 97;  Comyn on Landl. & Ten. 507, 517.

   VACANT SUCCESSION.  An inheritance  for which  the  heirs  are

   VACANTIA, BONA,  civil law. Goods without an owner. Such goods

   TO VACATE.  To annul,  to render an act void;  as to vacate an
entry which  has been  made on  a record  when the court has been
imposed upon by fraud, or taken by surprise.

   VACATION. That  period of time between the end of one term and
beginning of  another. During vacation, rules and orders are made
in such cases as are urgent, by a judge at his chambers.

   VACCARIA, old Engl. law. A word which is derived from vacca, a
cow, and signifies a dairy-house. Co. Litt. 5 b.

  VADIUM, contracts. A pledge, or surety.

   VADIUM MORTUUM, contracts. A mortgage or dead-pledge;  it is a
security given  by the  borrower of  a sum  of money, by which he
grants to  the lender  an estate in fee, on condition that if the
money be  not repaid  at the time appointed, the estate so put in
pledge shall  continue to  the lender  as dead  or gone  from the
mortgagor. 2 Bl. Com. 257;  1 Pow. Mortg. 4.

   VADIUM VIVUM,  contracts. A  species of  security by which the
borrower of  a sum  of money, made over his estate to the lender,
until he  had received  that sum out of the issues and profits of
the land;   it  was so  called because  neither the money nor the
lands were lost, and were not left in lead pledge, but this was a
living pledge, for the profits of the land were constantly paying
off the  debt. Litt. sect. 206;  1 Pow. on Mort. 3;  Termes de la
Ley, h. t.

   VAGABOND. One  who wanders  about idly,  who  has  no  certain
dwelling. The  ordonnances of the French define a vagabond almost
in the same terms. Dalloz, Dict. Vagabondage. See Vattel, liv. 1,
§219, n.

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   VAGRANT. Generally  by the word vagrant is understood a person
who lives  idly without any settled home;  but this definition is
much enlarged by some sta-tutes, and it includes those who refuse
to work,  or go  about begging.  See 1  Wils. R. 331;  5 East, R.
339:  8 T. R. 26.

  VAGUENESS. Uncertainty.

   2. Certainty  is  required  in  contracts,  wills,  pleadings,
judgments, and  indeed in  all the  acts on  which courts have to
give a  judgment,  ana  if  they  be  vague,  so  as  not  to  be
understood, they  are in general invalid. 5 B. & C. 583;  1 Russ.
& M.  116 1  Ch. Pract.  123. A charge of "frequent intemperance"
and "habitual  indolence" are  vague and too general. 2 Mart. Lo.
Rep. N. S. 530. See Certainty;  Nonsense;  Uncertainty.

  VALID. An act, deed, will, and the like, which has received all
the formalities  required by  law, is said to be valid or good in

   VALUABLE CONSIDERATION,  contracts. An  equivalent for a thing
purchased. Vide  Vin. Ab.  Consideration, B;   2  Bl.  Com.  297;

  VALUATION. The act of ascertaining the worth of a thing;  or it
is the esti-mated worth of a thing.

   2. It  differs from price, which does not always afford a true
criterion of  value, for  a thing may be bought very dear or very
cheap. In  some  contracts,  as  in  the  case  of  bailments  or
insurances, the  thing bailed  or insured  is sometimes valued at
the time  of making the contract, so that if lost, no dispute may
arise as to the amount of the loss. 2 Marsh. Ins. 620;  1 Caines,
80;   2 Caines  30;  Story, Bailm. §253, 4;  Park Ins. 98;  Wesk.
Ins. h. t.;  Stev. on Av. part 2;  Ben. on Ins. ch. 4.

   VALUE, common  law. This  term has  two different meanings. It
sometimes expresses  the utility of an object, and some times the
power of  purchasing other  good with it. The first may be called
value in use, the latter value in exchange.

   2. Value  differs from  price. The  latter is  applied to live
cattle and  ani-mals;   in a  declaration, therefore,  for taking
cattle, they  ought to  be said  to be of such a price;  and in a
declaration for  taking dead  chattels or  those which  never had
life, it  ought to  lay them to be of such a value. 2 Lilly's Ab.

   VALUE RECEIVED.  This phrase  is usually employed in a bill of
exchange or  promissory note,  to denote that a consideration has
been given for it.

   2. The  expression value  received, when  put  in  a  bill  of
exchange, will  bear two interpretations:  the drawer of the bill
may be  presumed to  acknowledge the  fact that  he has  received

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value of  the payee;   3  M. & S. 351;  or when the bill has been
made payable  to the  order of  the drawer, it implies that value
has been  received by the acceptor. 5 M. & S. 65. In a promissory
note, the  expression imports value received from the payee. 5 B.
& C. 360.

   VALUED POLICY. A valued policy is one where the value has been
set on  the ship  or goods  insured,  and  this  value  has  been
inserted in  the policy  in the  nature of liquidated damages, to
save the  necessity of  proving it in case of loss. 1 Bouv. Inst.
n. 1230.

   VARIANCE, pleading,  evidence. A  disagreement  or  difference
between two  parts of  the same  legal proceeding, which ought to
agree  together.   Variances  are   between  the   writ  and  the
declaration, and between the declaration and the evidence.

   2. -  1. When the variance is a matter of substance, as if the
writ sounds  in contract,  and the other in tort, and e converso,
or if  the writ demands one thing or subject, and the declaration
another, advantage  may  be  taken  of  it,  even  in  arrest  of
judgment;   for it is the writ which gives authority to the court
to proceed  in any given suit, and, therefore, the court can have
no  authority   to  hear  and  determine  a  cause  substaatially
different from  that in  the writ. Hob. 279;  Cro. Eliz. 722. But
if the  variance is  in matter of mere form, as in time or place,
when that circumstance is immaterial, advantage can only be taken
of it  by plea  in abatement.  Yelv. 120;   Latch. 173;  Bac. Ab.
Abatement, I;  Gould, Pl. c. 5, §98 1 Chit. Pl. 438.

   3. - 2. A variance by disagreement in some particular point or
points only  between the allegation and the evidence, when upon a
material point,  is as fatal to the party on whom the proof lies,
as a  total failure  of evidence.  For example;    the  plaintiff
declared in  covenant for not repairing, pursuant to the covenant
in a  lease, and  stated the  covenant, as  a covenant to "repair
when and  as need  should require;"  and issue  was joined  on  a
traverse of the deed alleged. The plaintiff at the trial produced
the deed  in proof,  and it  appeared that  the covenant  was  to
"repair when  and as  need should  require, and at farthest after
notice:" the latter words having been omitted in the declaration.
This was held to be a variance, because the additional words were
material, and qualified the effect of the contract. 7 Taunt. 385.
But a  variance in  mere form or in matter quite immaterial, will
not be  regarded. Str.  690. Vide 1 Vin. Ab. 41;  12 Vin. Ab. 63;
21 Vin.  Ab. 538 Com. Dig. Abatement, G 8, H 7;  Id.;  Amendment,
D 7,  8, V 3:  Bail, R 7;  Obligation, B 4;  Pleader, C 14, 15, L
24, 30;   Record,  C, D,  F;   Phil. Ev. Index, 11. t. Stark. Ev.
Index, h.  t., Roscoe's  Ev. Index,  h. t.;   18 E. C. L. R. 139,
149, 153  1 Dougl. 194;  2 Salk. 659;  Harr. Dig. h. t. Chit. Pl.
Index, h.  t.;   United States  Dig. Pleading II, d and e;  Bouv.
Inst. Index:  h. t.

   VASSAL, feudal law. This was the name given to the holder of a
fief, bound to perform feudal service;  this word was then always
correlative to that of lord, entitled to such service.

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   2. The vassal himself might be lord of some other vassal.

   3. In  aftertimes, this  word was used to signify a species of
slave who  owed servitude,  and was in a state of dependency on a
superior lord. 2 Bl. Com. 53;  Merl. Repert. h. t.

   VECTIGALIA. Among  the Romans this word signified duties which
were paid  to the  prince for  the importation and exportation of
certain merchandise.  They differed from tribute, which was a tax
paid by each individual . Code, 4, 61, 5 and 13.

   VEJOURS. An obsolete word, which signified viewers or experts.
(q. v.)

   VENAL. Something that is bought. The term is generally applied
in a  bad sense;   as, a venal office is an office which has been

  VENDEE, contr. A purchaser;  (q. v.)  a buyer.

  VENDITION. A sale;  the act of selling.

  VENDITIONI EXPONAS, practice. That you expose to sale. The name
of a  writ of  execution, directed to the sheriff, commanding him
to sell  goods or  chattels, and  in some states, lands, which he
has taken  in execution  by virtue  of a  fieri facias, and which
remain unsold.

  2. Under this writ the sheriff is bound to sell the property in
his hands, and he cannot return a second time, that he can get no
buyers. Cowp.  406;   and see  2 Saund.  47, 1. 2 Chit. Rep. 390;
Com. Dig. Execution, C 8;  Grab. Pr. 359;  8 Bouv. Inst. n. 3395.

   VENDOR, contracts.  A seller.  (q. v.)  One wbo  disposes of a
thing in consideration of money. Vide Purchaser;  Seller.

   VENIRE FACIAS,  practice, crim.  law. According to the English
law, the  proper process  to be  issued on  an indictment for any
petit misdemeanor,  on a  penal statute,  is a writ called venire
facias. 2. It is in the nature of a summons to cause the party to
appear. 4 Bl. Com. 18 1 Chit. Cr. Law, 351.

   VENIRE, OR  VENIRE PACIAS  JURATORES, practice.  The name of a
writ directed to the sheriff commanding him to cause to come from
the body  of the county before the court from which it issued, on
some day  certain and  therein specified,  a  certain  number  of
qualified citizens  wbo are  to act  as jurors in the said court.
Steph. Pl.  104;   2 Graydon's  Forms, 314;   and  see 6  Serg. &
Rawle, 414;   21 Vin. Ab. 291;  Com. Dig. Enquest, C 1, &c.;  Id.
Pleader, 2 S 12, 3 0 20;  Id. Process, D 8;  3 Chit. Pr. 797.

   VENIRE FACIAS  DE NOVO,  practice. The  name of  a new writ of
venire  facias;    this  is  awarded  when,  by  reason  of  some
irregularity or  defect in the proceeding on the first venire, or
the trial,  the proper  effect of that which has been frustrated,
or the  verdict become  void in  law:   as, for example, when the
jury has  been improperly  chosen, or  an uncertain, ambiguous or
defective verdict  has been  rendered. Steph. Pl. 120 21 Vin. Ab.
466 1 Sell. Pr. 495.

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   VENTE A  REMERE. A  term used  in Louisiana, which signifies a
sale made  reserving a  right to  the seller  to  repurchase  the
property gold by returning the price paid for it.

  2. The time during which a repurchase may be made cannot exceed
ten years,  and if  by the  agreement it  so exceed,  it shall be
reduced to  ten years.  The time  fixed for  redemption  must  be
strictly adhered  to and  cannot be  enlarged by  the judge,  nor
exercised afterwards. Code 1545-1549.

   3. The  following is an instance, of a vente a remere. A sells
to B,  for the  purpose of securing B against endorsement, with a
clause that  "whenever A should relieve B from such endorsements,
without B's,  having recourse  on the land, then B would reconvey
the same  to A,  for A's  own use." This is a vente a remere, and
until A  releases B  from his  endorsements, the property is B's,
and forms no part of A's estate. 7 N. S. 278. See 1 N. S. 528;  3
L. R.  153;   4 L.  R. 142;  Troplong, Vente, ch. 6;  6 Toull. p.

   VENTER or  VENTRE. Signifies literally the belly. In law it is
used figuratively  for the  wife:   for example,  a man has three
children by the first, and one by the second venter.

   2. A  child is said to be in ventre sa mere before it is born;
while it is a foetus.

   VENTER INSPICIENDO,  Eng. law. A writ directed to the sheriff,
commanding him  that, in  the presence of twelve men, and as many
women, he  cause examination  to be made, whether a woman therein
named is  with child  or not;  and if with child, then about what
time it  will be  born;   and that  he certify  the same.  It  is
granted in  a case  when a  widow, whose husband had lands in fee
simple,  marries  again  soon  after  her  husband's  death,  and
declares herself  pregnant by  her first  husband and, under that
pretext, withholds  the lands from the next heir. Cro. Eliz. 506;
Fleta, lib. 1, c, 15.

   VENUE, pleading.  The venue  is the county from which the jury
are to  come, who  are to  try the  issue. Gould, Pl. c. 3, §102;
Archb. Civ. Pl. 86.

  2. As it is a general rule, that the place of every traversable
fact stated  in the  pleadings must  be distinctly alleged, or at
least that  some certain  place must  be alleged  for every  such
fact,  it   follows  that   a  venue  must  be  stated  in  every

   3. In  local actions,  in which  the subject  or thing  to  be
recovered is  local, the  true venue  must be laid;  that is, the
action must  be brought  in that county where the cause of action
arose:  among these are all real actions, and actions which arise
out of  some local subject, or the violation of some local rights
or interest;   as  the common law action of waste, trespass quare
clausum  fregit,  trespass  for  nuisances  to  houses  or  lands
disturbance of  right of way, obstruction or diversion of ancient
water courses,  &c. Com.  Dig. Action,  N 4;   Bac.  Abr. Actions
Local, A a.

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   4. In  a transitory action, the plaintiff may lay the venue in
any county  he pleases;   that  is, he may bring suit wherever he
may find the defendant and lay his cause of action to have arisen
there even  though  the  cause  of  action  arose  in  a  foreign
jurisdiction. Cowp. 161;  Cro. Car. 444;  9 Johns. R. 67;  Steph.
Pl. 306;   1  Chitty,  Pl.  273;    Archb.  Civ.  Pl.  86.  Vide,
generally, Chit.  Pl. Index,  h. t.;   Steph.  Pl. Index,  h. t.;
Tidd's Pr.  Index, h. t.;  Graham's Practice, Index, h. t.;  Com.
Dig. Abatement,  H 13;  Id. Action, N 13;  Id. Amendment, H 1 Id.
Pleader, S  9;   21 Vin.  Ab. 85 to 169 1 Vern. 178;  Yelv. 12 a;
Bac. Ab.  Actions, Local  and  Transitory,  B;    Local  Actions;
Transitory Actions.

  VERAY. This is an ancient manner of spelling urai, true.

   2. In  the English  law, there are three kinds of tenants:  1.
Veray, or  true tenant,  who is  one who  holds in fee simple. 2.
Tenant by  the manner,  (q. v.)  who is one who has a less estate
than a  fee which  remains in the reversioner. 3. Veray tenant by
the manner,  who is  the same  as tenant by the manner, with this
difference only, that the fee simple, instead of remaining in the
lord, is given by him or by the law to another. Hamm. N. P. 394.

   VERAY TENANT,  or TRUE  TENANT, Eng.  law. One who holds a fee
simple;   in pleadings,  he is  called simply  tenant. He differs
from a tenant by the manner in this, that the latter holds a less
estate than a fee which remains in the reversioner.

   2. A  veray tenant  by the manner is the same as tenant by the
manner, with  this difference  only, that the fee simple, instead
of remaining  in the  land, is  given by  him or  by the  law, to
another. Ham. N. P. 394.

  VERBAL. Parol;  by word of mouth;  as verbal agreement;  verbal
evidence. Not in writing.

   VERBAL NOTE.  In diplomatic  language, memorandum  or note not
signed, sent when an affair has continued a long time without any
reply, in  order to  avoid the  appearance of  an urgency, which,
perhaps, the  affair does  not require;   and, on the other hand,
not to  afford any  ground for supposing that it is forgotten, or
that there  is no intention of not prosecuting it any further, is
called a verbal note.

   VERBAL PROCESS.  In Louisiana,  by this  term is  understood a
written account  of any  proceeding or operation required by law,
signed by  the person  commissioned  to  perform  the  duty,  and
attested by the signature of witnesses. Vide Proces Verbal.

   VERDICT, Practice.  The unanimous  decision made by a jury and
reported to  the court  on the matters lawfully submitted to them
in the course of the trial of a cause.
   2. Verdicts  are of  several kinds,  namely, privy and public,
general, partial, and special.

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   3. A  privy verdict is one delivered privily to a judge out of
court. A verdict of this kind is delivered to the judge after the
jury have  agreed, for  the convenience  of the  jury, who  after
having given  it, separate. This verdict is of no force whatever;
and this practice being exceedingly liable to abuse, is seldom if
ever allowed in the United States.

   4. A  public verdict  is one  delivered in  open  court.  This
verdict has  its full  effect, and unless set aside is conclusive
on the  facts, and  when judgment  is rendered  upon it, bars all
future controversy  in personal  actions. A  private verdict must
afterwards be given publicly in order to give it any effect.

   5. A general verdict is one by which the jury pronounce at the
same time  on the  fact and  the law,  either  in  favor  of  the
plaintiff or  defendant. Co.  Lit. 228;  4 Bl. Com. 461;  Code of
Prac. of  Lo. art. 519. The jury may find such a verdict whenever
they think fit to do so.

   6. A  partial verdict  in a  criminal case is one by which the
jury acquit  the defendant  of a  part of  the accusation against
him, and  find him  guilty of  the residue:   the  following  are
examples of this kind of a verdict, namely:  when they acquit the
defendant on  one count  and find him guilty on another, which is
indeed a species of general verdict, as he is generally acquitted
on one  charge, and  generally convicted  on another;   when  the
charge is  of an  offence of  a higher,  and includes  one of  an
inferior degree,  the jury  may convict  of the less atrocious by
finding a partial verdict. Thus, upon an indictment for burglary,
the defendant  may be  convicted of larceny, and acquitted of the
nocturnal entry;   upon  an indictment  for  murder,  he  may  be
convicted of  manslaugh-ter;   robbery may  be softened to simple
larceny;  a battery, into a common assault. 1 Chit. Cr. Law, 638,
and the cases there cited.

   7. A special verdict is one by which the facts of the case are
put on  the record,  and the law is submitted to the judges. Lit.
Sel. Cas.  376;   Breese, 176;  4 Rand. 504;  1 Hen. & Munf. 235;
1 Wash. C. C. 499;  2 Mason, 31. The jury have an option, instead
of finding  the negative  or affirmative  of the  issue, as  in a
general verdict,  to find  all the facts of the case as disclosed
by the evidence before them, and, after so setting them forth, to
conclude to  the following  effect:   "that they are ignorant, in
point of  law, on  which side they ought upon those facts to find
the issue;   that  if upon the whole matter the court shall be of
opinion that the issue is proved for the plaintiff, they find for
the plaintiff  accordingly, and assess the damages at such a sum,
&c.;  but if the court are of an opposite opinion, then they find
vice versa." This form of finding is called a special verdict. In
practice they  have nothing  to do with the formal preparation of
the special  verdict. When  it is  agreed that  a verdict of that
kind is  to be given, the jury merely declare their opinion as to
any fact  remaining in  doubt, and  then the  verdict is adjusted

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without their  further interference.  It is  settled, uncler  the
correction of the judge, by the counsel and, attorneys on either,
side, according  to the  state of the facts as found by the jury,
with respect  to all  particulars on which they have delivered an
opinion, and, with respect to other particulars, according to the
state of  facts, which it is agreed, that they ought to find upon
the evidence  before them.  The special verdict, when its form is
thus settled  is, together  with the  whole  proceedings  on  the
trial, then  entered on record;  and the question of law, arising
on the  facts found,  is argued  before the  court in  bank,  and
decided by  that court  as in case of a demurrer. If either party
be dissatisfied  with their decision, he may afterwards resort to
a court  of error. Steph. Pl. 113;  1 Archb. Pr. 189;  3 Bl. Com.
377;  Bac. Abr. Verdict, D, E.

  8. There is another method of finding a special verdict this is
when the  jury find  a verdict  generally for  the plaintiff, but
subject nevertheless  to the  opinion of  the judges or the court
above on  a special case stated by the counsel on both sides with
regard to  a matter  of law. 3 Bl. Com. 378;  and see 10 Mass. R.
64;  11 Mass. R. 358. See, generally, Bouv. Inst. Index, h. t..

   VERIFICATION, pleading.  Whenever new  matter is introduced on
either side,  the plea  must  conclude  with  a  verification  or
averment, in  order that  the other party may have an opportunity
of answering  it. Carth.  337;  1 Lutw. 201;  2 Wils. 66;  Dougl.
60;  2 T. R. 576;  1 Saund, 103, n. 1;  Com. Dig. Pleader, E.

   2. The usual verification of a plea containing matter of fact,
is in  these words,  "And this  he is ready to verify," &c. See 1
Chit. Pl.  537, 616;   Lawes,  Civ. Pl. 144;  1 Saund, 103, n. 1;
Willes, R. 5;  3 Bl. Com. 309.

  3. In one instance however, new matter need not conclude with a
verification and  then the  pleader may pray judgment without it;
for example,  when the matter pleaded is merely negative. Willes,
R. 5;   Lawes on Pl. 145. The reason of it is evident, a negative
requires no  proof;   and it  would therefore  be imper-tinent or
nugatory for  the pleader,  who  pleads  a  negative  matter,  to
declare his readiness to prove it.

   VERIFICATION, practice.  The examination  of the  truth  of  a
writing;    the  certificate  that  the  writing  is  true.  Vide

  VERMONT. The name of one of the new states of the United States
of America.  lt was  admitted  by  virtue  of  "An  act  for  the
admission of  the state  of Vermont  into this  Union,"  approved
February, 18,  1791, 1  Story's L.  U. S.  169, by  which  it  is
enacted, that the state of Vermont having petitioned the congress
to be admitted a member of the United States, Be it enacted, &c.,
That on  the fourth  day of March, one thousand seven hundred and
ninety-one, the  said state,  by the name and style of "the state
of Vermont," shall be received and admitted into this Union, as a
new and entire member of the United States of America.

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   2. The  constitution of this state was adopted by a convention
holden at  Windsor on  the ninth  day of July, one thousand seven
hundred and  ninety-three.  The  powers  of  the  government  are
divided into  three distinct  branches;  namely, the legislative,
the executive, and the judicial.

   3. -  1. The supreme legislative power is vested in a house of
representatives of  the freemen  of the  commonwealth or state of
Vermont, ch.  2, §2.  The house of representatives of the freemen
of this  state shall consist of persons most noted for wisdom and
virtue, to  be chosen  by ballot, by the freemen of every town in
this state  respectively, on  the  first  Tuesday  in  September,
annually forever.  Ch. 2,  §8. The  representatives so  chosen, a
majority of  whom shall  constitute a  quorum for transacting any
other business  than raising a state tax, for which two-thirds of
the members  elected shall  be present,  shall meet on the second
Thursday of  the succeeding  October, and  shall  be  styled  The
General Assembly  of the State of Vermont:  they shall have power
to choose  their speaker,  secretary of  state, their  clerk, and
other necessary  officers  of  the  house  -  sit  on  their  own
adjournrments prepare  bills, and enact them into laws - judge of
the elections  and qualifications of their own members;  they may
expel members, but not for causes known to their own constituents
antecedent to  their elections;   they  may administer  oaths and
affirmations  in   matters   depending   before   them,   redress
grievances,  impeach   state   criminals,   grant   charters   of
incorporation, constitute  towns, boroughs, cities, and counties:
they may  annually, on  their first session after their election,
in conjunction  with the  council, or  oftener if  need be, elect
judges of  the supreme  and several  county and  probate  courts,
sheriffs, and  justices of the peace;  and also, with the council
may elect  major generals  and brigadier  generals, from  time to
time, as  often as  there shall be occasion;  and they shall have
all other  powers necessary  for the  legislature of  a free  and
sovereign state:   but they shall have no power to add to, alter,
abolish, or infringe any part of this constitution. Ch. 2 §9.

  4. - 2. The supreme executive power is vested in a governor, or
in his absence a lieutenant-governor, and council. Ch. 2, §3. The
duties of  the executive are pointed out by the second chapter of
the constitution as follows:

   5. -  §10. The  supreme executive  council of this state shall
consist of  a governor,  lieutenant-governor, and twelve persons,
chosen in  the following  manner, viz.  The freemen  of each town
shall, on  the day  of the election, for choosing representatives
to  attend  the  general  assembly,  bring  in  their  votes  for
governor, with  his name  fairly written,  to the  constable, who
shall seal  them up,  and write  on them, votes for the governor,
and deliver  them to  the representatives  chosen to  attend  the
general assembly;   and  at the  opening of  the general assembly
there shall  be a  committee appointed  out of  the  council  and
assembly, who,  after being  duly sworn to the faithful discharge
of their  trust, shall  proceed to  receive, sort,  and count the
votes for  the governor, and declare the person who has the major
part of  the votes  to be  governor for  the year ensuing. And if
there be  no choice  made, then the council and general assembly,
by their  joint ballot,  shall make  choice of  a  governor.  The
lieu-tenant-governor and  treasurer shall be chosen in the manner
above directed.  And each freeman shall give in twelve votes, for
twelve counsellors, in the same manner, and the twelve highest in
nomination shall serve for the ensuing year as counsellors.

          Bouvier's Law Dictionary : V1 : Page 9 of 31

     6.  -   §11.  The   governor,  and,   in  his  absence,  the
lieutenant-governor, with  the council,  a major  part  of  whom,
including the  governor,  or  lieutenant-gov-ernor,  shall  be  a
quorum to  transact business,  shall have power to commission all
officers, and  also to-appoint  officers, except  where provision
is, or  shall  be  otherwise  made  by  law,  or  this  frame  of
government;   and shall  supply every  vacancy  in.  any  office,
occasioned by,  death, or  otherwise, until  the  office  can  be
filled in the manner directed by law or this constitution.

   7. They are to correspond with other states, transact business
with officers  of government,  civil and military, and to prepare
such business  as may  appear to them necessary to lay before the
general assembly.  They shall sit as judges to hear and determine
on impeachments, taking to their assistance, for advice only, the
judges of  the supreme  court. And  shall  have  power  to  grant
pardons, and  remit fines,  in all  cases whatsoever,  except  in
treason and  murder;   in which  they shall  have power  to grant
reprieves, but  not to  pardon, until  after the  end of the next
session of  the assembly;  and except in cases of impeachment, in
which there  shall be  no remission  or mitigation of punishment,
but by act of the legislature.

   8. They  are also  to take  care that  the laws  be faithfully
executed. They  are to expedite the execution of such measures as
may be  resolved upon  by the general assembly. And they may draw
upon the  treasury for  such sums  as may  be appropriated by the
house  of  representatives.  They  may  also  lay  embargoes,  or
probibit the  exportation of  any commodity,  for  any  time  not
exceeding thirty  days, in the recess of the house only. They may
grant such  licenses as shall be directed by law;  and shall have
power to  call together  the general  assembly,  when  necessary,
before the day to which they shall stand. adjourned. The governor
shall be  captain general and commander-in-chief of the forces of
the state,  but shall  not  command  in  person,  except  advised
thereto by  the council,  and then  only so  long as  they  shall
approve thereof.  And the lieutenant-governor shall, by virtue of
his office, be lieutenant-general of all the forces of the state.
The governor  or lieutenant-governor,  and council  shall meet at
the  time   and  place   with  the   general   assembly;      the
lieutenant-governor   shall,   during   the   presence   of   the
commander-in-chief, vote  and act as one of the council:  and the
governor and,  in his absence, the lieutenant-governor, shall, by
virtue of  their offices, preside in council, and have a casting,
but no other vote. Every member of the council shall be a justice
of the  peace, for  the whole state, by virtue of his office. The
governor and  council shall have a secretary, and keep fair books
of their  proceedings,  wherein  any  councillor  may  enter  his
dissent, with  his reasons  to support  it;  and the governor may
appoint a secretary for himself and his council.

          Bouvier's Law Dictionary : V1 : Page 10 of 31

  9. - §16. To the end that laws, before they are enacted, may be
more  maturely   considered,  and   the  inconvenience  of  hasty
determinations, as  much as  possible, prevented, all bills which
originate in  the assembly  shall be laid before the governor and
council for  their revision  and  concurrence,  or  proposals  of
amendment;   who shall  return the  same to the general assembly,
with their  proposals of  amendment, if  any, in writing;  and if
the same  are not  agreed to  by the assembly, it shall be in the
power of  the governor and council to suspend the passing of such
bill until  the next  session of the legislature:  Provided, that
if the governor and council shall neglect or refuse to return any
such bill  to the  assembly with  written proposals of amendment,
within five  days, or  before the  rising of the legislature, the
same shall become a law.

   10. -  §24.  Every  officer  of  state,  whether  judicial  or
executive, shall  be  liable  to  be  impeached  by  the  general
assembly, either  when in  office or  after  his  resignation  or
removal, for mal-administration. All impeachments shall be before
the governor,  or lieutenant governor and council, who shall hear
and determine  the same,  and may  award costs;   and no trial or
impeachment shall be a bar to a prosecution at law.

   11. - 3. The judicial power is regulated by the second chapter
of the constitution, as follows

 12.  - §4. Courts of justice shall be maintained in every county
in this  state, and  also in  new counties,  when formed:   which
courts shall be open for the trial of all causes proper for their
cognizance;     and  justice   shall   be   therein   impartially
administered, without corruption or unnecessary delay. The judges
of the  supreme court  shall be  justices of the peace throughout
the state;  and the several judges of the county courts, in their
respective counties,  by virtue  of their  office, execpt  in the
trial of such causes as may be appealed to the county court.

   13. -  §5. A  future legislature may, when they shall conceive
the same  to  be  expedient  and  necessary,  erect  a  court  of
chancery, with such powers as are usually exercised by that court
or  as  shall  appear  for  the  interest  of  the  commonwealth:
Provided, they  do not  constitute themselves  the judges  of the
said court.

   VERSUS. Against;    as  A  B  versus  C  D.  This  is  usually
abbreviated v.

   VERT. Everything  bearing green  leaves in  a forest. Bac. Ab.
Courts of the Foreat;  Manwood, 146.

   VESSEL, mar.  law. A  ship, brig, sloop or other craft used in
navigation . 1 Boul. Paty, tit. 1, p. 100 . See sup.

   2. By  an act  of congress,  approved July  29,  1850,  it  is
provided that  any person,  not being  an owner, who shall on the
high seas, wilfully, with. intent to burn or destroy, set fire to
any ship or other vessel, or otherwise attempt the destruction of
such ship  or other  vessel, being the property of any citizen or
citizens of  the United  States, or  procure the same to be done,
with the  intent aforesaid, and being thereof lawfully convicted,
shall suffer imprisonment to hard labor, for a term not exceeding
ten  years,   nor  less   than  three  years,  according  to  the
aggravation of the offence.

          Bouvier's Law Dictionary : V1 : Page 11 of 31

   TO VEST,  estates. To give an immediate fixed right of present
or future  enjoyment;   an estate  is vested  in possession  when
there exists  a right  of present  enjoyment;   and an  estate is
vested in  interest, when  there is  a  present  fixed  right  of
future, enjoyment.  Feame on  Rem. 2;  vide 2 Rop on Leg. 757;  8
Com. Dig.  App. h.  t.;   1 Vern.  323, n.;   10 Vin. Ab. 230;  1
Suppl. to Ves. jr. 200, 242, 315, 434;  2 Id. 157 5 Ves. 511.

   VESTED REMAINDER,  estates. One  by which  a present  interest
passes to the party, though to be enjoyed in future, and by which
the estate is invariably fixed to remain to a determinate person,
after the  particular estate  has been  spent. 2  Bouv. Inst.  n.
1831. Vide Remainder.

   VESTURE OF  LAND. By  this phrase  is meant  all things, trees
excepted, which  grow upon the surface of the land, and clothe it

   2. He  who has  the vesture of land has a right, generally, to
exclude others  from entering upon the superficies of the soil. 1
Inst. 4,  b;   Hamm. N.  P. 151;   pee. 7 East, R. 200;  1 Ventr.
393;  2 Roll. Ab. 2.

   VETERA STATUTA.  The name of vetera statuta, ancient statutes,
has been given to the statutes commencing with Magna Charta', and
ending with those of Edward II. Crabb's Eng. Law, 222.

  VETO, legislation. This is a Latin word signifying, I forbid.

   2. It  is usually applied to the power of the president of the
United States  to negative  a bill which has passed both branches
of the  legislature. The act of refusing to sign such a bill, and
the message which is sent to congress assigning the reasons for a
refusal to sign it, are each called a veto.

   3. When  a bill is engrossed, and has received the sanction of
both  houses,   it  is  transmitted  to  the  president  for  his
approbation. If  he approves  of it, he signs it. If he does not,
he sends  it, with  his objections,  to the  house  in  which  it
originated,  and   that  house  enter  the  objections  on  their
journals, and  proceed to  reconsider the bill. Coast. U. S. art.
I, s. 7, cl. 2. Vide Story on the Const. §878;  1 Kent, Com. 239.

   4. The  governors of  the  several  states  have  generally  a
negative on  the acts of the legislature. When exercised with due
caution, the  veto power  is  some  additional  security  against
inconsiderate and  hasty legislation,  or where bills have passed
through prejudice  or want  of due  reflection. It  was, however,
mainly intended  as a weapon in the hands of the chief magistrate
to  defend   the  executive   department  from  encroachment  and
usurpation, as well as a just balance of the constitution.

          Bouvier's Law Dictionary : V1 : Page 12 of 31

   5. The  veto power  of the  British  sovereign  has  not  been
exercised for  more than  a century. It was exercised once during
the, reign  of Queen  Anne. Edinburgh  Rev. 10th  vol. 411,  &c.;
Parke's Lectures,  126. But anciently the king frequently replied
Le roy  s'avisera, which was in effect withholding his assent. In
France the king had the initiative of all laws, but not the veto.
See 1 Toull. art. 39;  and see Nos. 42, 52, note 3.

     VEXATION.  The  injury  or  damage  which,  is  suffered  in
consequence of the tricks of another.

  VEXATIOUS SUITS, torts. A vexatictus suit is one which has been
instituted maliciously,  and without  probable cause,  whereby  a
damage has ensued to the defendant.

   2. The  suit is  either a  criminal prosecution,  a conviction
before a  magistrate, or  a civil  action. The  suit need  not be
altogether without  foundation;   if the part which is groundless
has subjected  the party  to an  inconvenience, to which he would
not have been exposed had the valid cause of complaint alone have
been insisted  on, it  is injurious.  4 Taunt.  616;  4 Rep. 14 1
Pet. C. C. Rep. 210;  4 Serg. & Rawle, 19, 23.

   3. To  make it  vexatious, the  suit must have been instituted
maliciously. As  malice is  not in  any case of injurious conduct
necessarily to  be inferred  from the  total absence  of probable
cause for  exciting it,  and in the present instance the law will
not allow  it to  be inferred from that circumstance, for fear of
being mistaken,  it casts  upon the  suffering party  the onus of
proving express  malice. 2  Wils. R.  307;   2 Bos.  & Pull. 129;
Carth. 417;   but  see what  Gibbs, C.  J.,  says  in  Berley  v.
Bethune, 5,  Taunt. 583;   see  also 1  Pet. C.  C. R.  210;    2
Browne's R. Appx. 42, 49;  Add. R. 270.

   4. It  is necessary  that the  prosecution  should  have  been
carried on without probable cause. The law presumes that probable
cause existed until the party aggrieved can show to the contrary.
Hence he  is bound to show the total absence of probable cause. 5
Taunt. 580;   1  Campb. R.  199. See  3 Dow. Rep. 160;  1 T. Rep.
520;   Bul. N.  P. 14;  4 Burr. 1974;  2 Bar. & C. 693;  4 Dow. &
R. 107;  1 Car. R. 138, 204;  1 Gow, Rep. 20;  1 Wils. 232;  Cro.
Jac. 194.  He is also under the same obligation when the original
proceeding was a civil action. 2 Wils. 307.

  5. The damage which the party injured sustains from a vexatious
suit for  a crime,  is either  to his person, his reputation, his
estate or  his  relative  rights.  1.  whenever  imprisonment  is
occasioned by  a malicious  unfounded criminal  prosecution,  the
injury  is   complete,  although  the  detention  may  have  been
momentary, and  the party  released on  bail. Carth. 416. 2. When
the bill  of indictment  contains scandalous aspersions likely to
impair the reputation of the accused, the damage is complete. See
12  Mod.  210;    2  B.  &  A.  494;    3  Dow.,  &  R.  669.  3.
Notwithstanding his  person is left at liberty, and his character
is unstained  by the proceedings, (as where the indictment is for
a trespass,  Carth. 416,) yet if he necessarily incurs expense in
defending himself  against the charge, he has a right to have his

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losses made good. 10 Mod. 148,;  Id. 214;  Gilb. 185;  S. C. Str.
978. 4.  If a  master loses  the services  and assistance  of his
domestics, in  consequence of  a vexatious  suit, he  may claim a
compensation. Ham.  N. P.  275. With regard to a damage resulting
from a  civil action,  when prosecuted  in a  court of  competent
jurisdiction, the  only detriment  the party  can sustain, is the
imprisonment of  his person,  or the seizure of his property, for
as to  any expense,  he may  be put to, this, in contemplation of
law, has  been fully  compensated to him by the costs adjudged. 4
Taunt. 7;  2 Mod. 306;  1 Mod. 4. But where the original suit was
coram  non   judice,  the   party  as  the  law  formerly  stood,
necessarily incurred  expense without  the power of remuneration,
unless by this action, because any award of costs the court might
make would  have been a nullity. However, by a late decision such
an adjudication  was holden  unimpeachable, land  that the  party
might well  have an action of debt to recover the amount. 1 Wils.
316. So  that the law, in this respect, seems to have taken a new
turn, and,  perhaps, it  would now be decided, that no action can
under any  other circumstances  but imprisonment of the person or
seizure of  the property,  be maintained for suing in an improper
court. Vide Carth. 189.

   See, in  general, Bac.  Abr. Action on the case, H;  Vin. Abr.
Actions, H  c;   Com. Dig.  Action upon the case upon desceit;  5
Amer. Law  Journ. 514;   Yelv. 105, a note 2;  Bull. N. P. 13;  3
Selw. N.  P. 535;   Notes  on Co. Litt. 161, a, (Day's edit.);  1
Saund. 230,  n. 4;   3  Bl. Com. 126, n. 21, (Chit. edit.);  this
Dict. tit. Malicious Prosecution.

   VEXED QUESTION,  vexata quaestio.  A question  or point of law
often discussed or agitated, but not determined nor settled.

   VI ET  ARMIS. With  force  and  arms.  When  man  breaks  into
another's close  vi et  armis, he  may be opposed force by force,
for there  is no  time to request him to go away. 2 Salk. 641;  8
T. R. 78, 357.

   2. These words are universally inserted in a writ of trespass,
because they point out that the act has been done with force, and
they are technical words to designate this offence. Ham. N. P. 4,
10, 12;  1 Chit. Pl. 122 to 125;  and article Force.

   VIA.  A  cart-way,  which  also  includes  a  foot-way  and  a
horse-way. Vide Way.

   VIABLE, Vitae  habilis, capable  of living.  This is said of a
child who is born alive in such an advanced state of formation as
to be  capable of living. Unless be is born viable he acquires no
rights and  cannot transmit  them to his heirs, and is considered
as if he bad never been born.

   2. This  term is  used In  the French law, Toull. Dr. Civ. Fr.
tome 4,  p. 101  it would  be well  to engraft it on our own Vide
Traill. Med. Jur. 46, and Dead Born.

   VIABILITY, med.  jur. An  aptitude to live after birth;  extra
uterine life.  1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See
2 Sav.  Dr. Rom.  Append. III.  for a  learned discussion of this

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   VICE. A  term used in the civil law and in Louisiana, by which
is meant  a defect  in a  thing;   an imperfection.  For example,
epilepsy in  a slave,  roaring and  crib-biting in  a horse,  are
vices. Redhibitory  vices are  those for which the seller will be
compelled to  annul a  sale, and  take back the thing sold. Poth.
Vente, 203;  Civ. Code of Lo. art. 2498 to 2507;  1 Duv. n. 396.

  VICE-ADMIRAL. The title of an officer in the navy;  the next in
rank after  the admiral.  In the United States we have no officer
by this name.

   VICE-CHANCELLOR. The  title of  a judicial officer who decides
causes depending  in the  court of chancery;  his opinions may be
reversed, discharged or altered by the chancellor.

   VICE-CONSUL. An  officer who  performs the  duties of a consul
within a  part of  the district  of a  consul, or who acts in the
place of a consul. Vide 1 Phil. Ev. 306.

   VICE-PRESIDENT OF  THE UNITED  STATES. The title of the second
officer, in  point of  rank, in  the  government  of  the  United

   2. To  obtain a  correct idea  of the  law  relating  to  this
officer, it  is proper  to consider;   1.  His election.  2.  The
duration of his office. 3. His duties.

  3. - 1. He is to be elected in the manner pointed out under the
article President  of the  United States.  (q. v.)  See, also,  3
Story on the Const. 1447 et seq.

   4. -  2. His  office in  point of duration is coextensive with
that of the president.

   5. -  3. The  fourth clause  of the third section of the first
article of  the constitution  of the United States, directs, that
"the vicepresident  of the  United States  shall be  presidont of
the. senate,  but shall  have no  vote  unless  they  be  equally
divided." And  by article 2, s. 1, clause 6, of the constitution,
it is  provided, that  "in case  of the  removal of the president
from office,  or of  his  death,  resignation,  or  inability  to
discharge the  powers and  duties of  the said  office, the  same
shall devolve on the vicepresident."

   6. When  the vice-president exercises the office of president,
he is called the President of the United States.

  VICE VERSA. On the contrary;  on opposite sides.

  VICECOMES. The sheriff.

   VICECOMES NON  MISIT BREVE. The sheriff did not send the writ.
An entry  made on the record when nothing has been done by virtue
of a writ which has been directed to the sheriff.

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   VICENAGE. The neighborhood;  the venue. (q. v.)

   VICINETUM. The  neighborhood;  vicenage;  the venue. Co. Litt.
158 b.

  VICONTIEL. Belonging to the sheriff.

   VIDELICET. A  Latin adverb  signifying to wit, that is to say,
namely, scilicet. (q. v.) This word is usually, abbreviated Viz.

   2. The office of the videlicet is to mark, that the party does
not undertake  to prove the precise circumstances alleged, and in
such case  he is  not required to prove them. Steph. Pl. 309';  7
Cowen, R.  42;   4 John. R. 450;  3 T. R. 67, 643;  8 Taunt. 107;
Greenl. Ev. §60;  1 Litt. R. 209. Vide Yelv. 94;  3 Saund. 291 a,
note;   New Rep.  *465, note;   Dane's Ab. Iudex, h. t.;  2 Pick.
214, 222;  16 Mass. 129.

  VIEW. A prospect.

   2. Every  one is  entitled to a view from his premises, but he
thereby acquires no right over the property of his neighbors. The
erection of  buildings which obstruct a man's view, therefore, is
not unlawful, and such buildings cannot be considered a nuisance.
9 Co. R. 58 b. Vide Ancient Lights;  Nuisance,

   VIEW, DEMAND  OF, practice. In most real and mixed actions, in
order to  ascertain the identity of land claimed with that in the
tenant's possession,  the tenant  is allowed, after the demandant
has counted, to demand a view of the land in question;  or if the
subject of  claim be rent, or the like, a view of the land out of
which it issues;  Vin. Abr. View;  Com. Dig. View;  Booth, 37;  2
Saund. 45  b;   1 Reeves' Hist 435, This, however, is confined to
real or mixed actions;  for in personal actions the view does not
lie. In  the action  of dower  unde nihil habet, it has been much
questioned whether  the view  be demandable or not;  2 Saund. 44,
n, 4;   and there are other real and mixed actions in which it is
not allowed.  The view being granted, the course of proceeding is
to issue a writ, commanding the sheriff to cause the defendant to
have a  view of  the land, It being the interest of the demandant
to expedite  the proceedings, the duty of suing out the writ lies
upon him, and not upon the tenant;  and when, in obedience to its
exigency, the sheriff causes view to be made, the demandant is to
show to  the tenant,  in all  ways possible,  the thing in demand
with its  metes and bounds. On the return of the writ into court,
the demandant  must count  de novo;   that is, declare again Com.
Dig. Pleader,  2 Y  3;   Booth, 40;  and the pleadings proceed to

  2. This proceeding of demanding view, is, in the present rarity
of real actions, unknown in practice.

   VIEWERS. Persons  appointed by  the courts  to see and examine
certain matters,  and make  a report  of the  facts together with
their  opinion  to  the  court.  In  practice  they  are  usually
appointed to lay out roads and the like. Vide Experts.

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   VIGILANCE. Proper attention in proper time.

   2. The  law requires  a man  who has  a claim to enforce it in
proper time,  while the  adverse party  has it  in his  power  to
defend himself;   and  if by  his neglect  to do  so,  he  cannot
afterwards establish  such  claim,  the  maxim  vigilantibus  non
dormientibus leges subserviunt, acquires full force in such case.
For example, a claim not sued for within the time required by the
acts of  limitation, will  be presumed  to be paid;  and the mere
possession of  corporeal real  property, as if in fee simple, and
without admitting  any other  ownership for  sixty  years,  is  a
sufficient title  against all  the world, and cannot be impeached
by any  dormant claim.  See 3  Bl. Com. 196, n;  4 Co. 11 b. Vide
Twenty years.

   VILL. In  England this word was used to signify the parts into
which a  hundred or  wapentake was divided. Fortesc. De Laud, ch.
24. See  Co. Litt. 115 b. It also signifies a town or city. Barr.
on the Stat. 133.

  VILLAIN., An epithet used to cast contempt and contumely on the
person to whom it is applied.

   2. To  call a  man a  villain in  a letter  written to a third
person, will  entitle him  to an  action without proof of special
damages. 1 Bos. & Pull. 331.

   VILLEIN, Engl.  law. A  species of  slave  during  the  feudal

  2. The feudal villein of the lowest order was unprotected as to
property, and  subjected to  the post  ignoble services;  but his
circumstances were  very different from the slave of the southern
states, for  no person  was, in  the eye  of the  law, a villein,
except as to his master;  in relation to all other persons he was
a freeman.  Litt. Ten.  s. 189, 190;  Hallam's View of the Middle
Ages, vol. i. 122, 124;  vol. ii. 199.

   VILLENOUS JUDGMENT,  punishments. In  the English law it was a
judgment given  by the  common law  in attaint,  or in  cases  of

   2. Its  effects were to make the object of it lose his liberam
legem, and  become infamous. He forfeited his goods and chattels,
and his  lands during  life;  and this barbarous judgment further
required that  his lands  should be wasted, his houses razed, his
trees rooted up, and that his body should be cast into-prison. He
'could not  be a  juror or  witness. Burr. 996, 1027;  4 Bl. Com.

   VINCULO MATRIMONII.  A divorce.  A vinculo  matrimonii, is one
from the bonds of matrimony. Such a divorce generally enables the
parties to marry again.

  VINDICATION, civil law. The claim made to property by the owner
of it. 1 Bell's Com. 281, 5th ed. See Revendication.

          Bouvier's Law Dictionary : V1 : Page 17 of 31

   VIOLATION. An  act done  unlawfully and  with  force.  In  the
English stat.  of 25  E. III.,  st. 5, c. 2, it is declared to be
high  treason   in  any  person  who  shall  violate  the  king's
companion;   and it  is equally  high treason  in her  to  suffer
willingly such violation. This word has been construed under this
statute to  mean carnal  knowledge. 3 Inst. 9;  Bac. Ab, Treason,

  VIOLENCE. The abuse of force. Theorie des Lois Criminelles, 32.
That force  which is  employed against  common right, against the
laws, and  against public  liberty. Merl.  h. t,  2. In  cases of
robbery, in  order to  convict the  accused, it  is requisite  to
prove that  the act was done with violence;  but this violence is
not confined  to an  actual assault  of the  person, by  beating,
knocking down,  or forcibly  wresting from  him on  the contrary,
whatever goes  to intimidate  or overawe,  by the apprehension of
personal violence,  or by fear of life, with a view to compel the
delivery of  propert equally falls within its limits. Alison, Pr.
Cr. Law  of Scotl.  228;   4 Binn. R. 379;  2 Russ. on Cr. 61;  1
Hale P.  C. 553.  When an  article is  merely snatched,  as by  a
sudden pull,  even though a momentary force be exerted, it is not
such violence  as to  constitute a robbery. 2 East, P. C. 702;  2
Russ. Cr. 68;  Dig. 4, 2, 2 and 3.

  VIOLENT PROFITS, Scotch law. The gains made by a tenant holding
over, are so called. Ersk. Inst. R. 2, tit. 6, s. 54.

   VIOLENTLY, pleading.  This word  was formerly  supposed to  be
necessary in an indictment, in order to charge a robbery from the
person, but it has been holden unnecessary. 2 East, P. C. 784;  1
Chit. Cr.  Law, *244.  The words  " feloniously  and against  the
will,"  usually  introduced  in  such  indictments,  seem  to  be
sufficient. It  is usual  also to  aver a putting in fear, though
this does not seem to be requisite. Id.

   VIRGA. An  obsolete word, which signifies a rod or staff, such
as sheriffs, bailiffs, and constables carry, as a badge or ensign
of their office.

   VIRGINIA. The name of one of the original states of the United
States of  America. This  colony was  chartered in 1606, by James
the First,  and this  charter was  afterwards altered in 1609 and
1612;  and in 1624 the charter was declared to be forfeited under
proceedings under  a writ  of quo warranto. After the fall of the
charter, Virginia  continued to  be a  royal province  until  the
period of the American Revolution.

   2. A  constitution, or rather bill of rights, was adopted by a
convention of the representatives of the good people of Virginia,
on the 12th day of June, 1776. An amended constitution or form of
government for  Virginia was  adopted January 14, 1830, which has
been superseded  by the  present constitution,  which was adopted
August 1, 1851.

   3. The  legislative, executive,  and judiciary  departments  ,
shall be  separate and  distinct, so  that neither  exercise  the
powers properly belonging to either of the others;  nor shall any
person exercise  the powers  of more than one of them at the same
time, except  that justices  of the  peace shall  be eligible  to
either house of assembly. Art 2.

          Bouvier's Law Dictionary : V1 : Page 18 of 31

  4. - §1. The legislature is composed of two branches, the house
of delegates  and the  senate,  which  together  are  called  the
general assembly of Virginia.

   5. -  1. The  house  of  delegates  will  be  considered  with
reference, 1.  To the  qualifications of  the  electors.  2.  The
qualifications of  members. 3.  The number of members. 4. Time of
their election.

   6. - 1st. Every white male citizen of the commonwealth, of the
age of twenty-one years, who has been a resident of the state for
two years,  and of  the county,  city, or town where he offers to
vote for  twelve months  next preceding an election, and no other
person, shall  be qualified  to vote  for members  of the general
assembly, and all officers elective by the people:  but no person
in the  military, naval,  or marine  service of the United States
shall be  deemed a  resident of  this state,  by reason  of being
staationed therein.  And no  person shall have the right to vote,
who is  of unsound  mind, or  a  pauper,  or  a  non-commissioned
officer, soldier,  seaman, or marine in the service of the United
States, or  who has  been convicted of bribery in an election, or
of any infamous offence.

   7. -  2. The  general assembly at its first session after the;
adoption of  this constitution,  and afterwards  as occasion  may
require, shall  cause every city or town, the white population of
which exceeds  five thousand,  to be  laid  off  into  convenient
wards, and  a separate place of voting to be established in each,
and thereafter  no inhabitant  of such  city  or  town  shall  be
allowed to vote except in the ward in which be resides.

   8. -  3. No voter, during the time for holding any election at
which he  is entitled  to vote,  shall be  compelled  to  perform
military service,  except in  time of  war or  public danger;  to
work upon  the public  roads, or  to attend  any court as suitor,
juror or  witness;  and no voter shall be subject to arrest under
any civil process during his attendance at elections, or in going
to and returning from them.

   9. -  4. ln all elections votes shall be given openly, or viva
voce, and  not by ballot. But dumb persons, entitled to suffrage,
may vote by ballot. Art. 3.

   10. -  2d. Any person may be elected a delegate who shall have
attained the  age of  twenty-one years,  and shall  be actually a
resident within  the city,  county, town,  or election  district,
qualified by this constitution to vote for members of the general
assembly:   but no person holding a lucrative office, no minister
of the  gospel, or  priest  of  any  religious  denomination,  no
salaried officer  of any  banking corporation  or company, and no
attorney for the commonwealth shall be capable of being elected a
member of  either house  of assembly.  The removal  of any person
elected to  neither branch  of the  general  assembly,  from  the
county, city,  town, or  district for which he was elected, shall
vacate his office. Art. 4, s. 5, §7.

          Bouvier's Law Dictionary : V1 : Page 19 of 31

  11.-3d. The house of delegates is to consist of one hundred and
fity-two members. Art. 4, §2.

  12. - 4th. The members of the general assembly are to be chosen
biennially. Art. 4, §2.

   13.- 2.  The senate  will be considered in the same order that
the house  of  delegates  has  been.  1.  The  qualifications  of
electors are the same as for electors of delegates. 2. Any person
may be  elected a senator who has attained the age of twenty-five
years, and  shall be actually a resident within the district, and
qualified to  vote for members of the general assembly. The other
qualifications are  the, same  as those for delegates. Art. 4, s.
5, §7. 3. The number of senators is fifty. Art. 4, §3.

   4. Senators are to be elected for the term of four years. Upon
the assembling  of the senators so elected, they shall be divided
into two equal classes to be numbered by lot. The term of service
of the  senators of the first class shall expire with that of the
delegates first  elected under  this constitution;   and  of  the
senators of  the second  class, at  the expiration  of two  years
thereafter;   and this  alternation shall,  be continued, so that
one-half of the senators may be chosen every second year. Art. 4,

  14. - 1. The chief executive ower of this commonwealth shall be
vested in  a governor.  He shall  hold the office for the term of
four  years,  to  commence  on  the  ____  day  of  _______  next
succeeding his election, and be ineligible to the same office for
the term  next succeeding  that for  which he was elected, and to
any other office during his term of service.

   15. -  2. The  governor shall  be elected by the voters at the
times and  places of  choosing members  of the  general assembly.
Returns of  the election  shall be  transmitted under seal by the
proper officers  to the  secretary of the commonwealth, who shall
deliver them  to the  speaker of  the house  of delegates, on the
first day  of the  next session  of  the  general  assembly.  The
speaker  of   the  house  of  delegates  shall  within  one  week
thereafter, in the presence of a majority of the senate and house
of delegates,  open the  said retuns, and the votes shall then be
counted. The  person having  the highest number of votes shall be
declared elected;   but if two or more shall have the highest and
an equal  number, of  votes, one of them shall be chosen governor
by the  joint vote  of the  two houses  of the  general assembly.
Contested elections for governor shall be decided by a like vote,
and the  mode of  proceeding in such cases shall be prescribed by

   16. - 3. No person shall be eligible to the office of governor
unless he  has attained  the age  of thirty  years, is  a  native
citizen of the United States, and has been a citizen of Virginia,
for five years next preceding his election.

          Bouvier's Law Dictionary : V1 : Page 20 of 31

   17. -  4. The governor shall reside at the seat of government;
shall receive five thousand dollars for each year of his service,
and, while  in office, shall receive no other emolument from this
or any other government.

   18. -  5. He  shall take  care that  the  laws  be  faithfully
executed;   communicate to  the general assembly at every session
the  condition   of  the   commonwealth;     recommend  to  their
consideration such  measures as  he  may  deem  expedient;    and
convene the  general assembly on application of a majority of the
members of  both houses  thereof, or  when  in  his  opinion  the
interest  of  the  commonwealth  may  require  it.  He  shall  be
commander-in-chief of  the land  and naval  forces of  the state;
have power  to embody  the militia  to repel  invasion,  suppress
insurrection and  enforce the  execution of  the laws;   conduct,
either in  person or  in such other manner as shall be prescribed
by law,  all intercourse  with other  and foreign  states;   and,
during the  recess of  the general assembly, fill pro tempore all
vacancies in  those offices  for which  the constitution and laws
make no provision but his appointments to such vacancies shall be
by commissions  to expire  at the  end of  thirty days  after the
commencement of  the next  session of  the general  assembly.  He
shall have  power to remit fines and pen-alties in such cases and
under such  rules and  regulations as  may be  prescribed by law;
and, except when the prosecution has been carried on by the house
of delegates  or the  law shall otherwise particularly direct, to
grant reprieves  and pardons  after conviction,  and  to  commute
capital punishment.  But be  shall  communicate  to  the  general
assembly at  each session,  the particulars of every case of fine
or penalty  remitted,  of  reprieve  or  pardon  granted  and  of
punishment commuted,  with his reasons for remitting, granting or
commuting the same.

   19. -  6. He  may require  information  in  writing  from  the
officers in the executive department upon any subject relating to
the duties of their respective offices;  and may also require the
opinion in  writing of  the attorney-general upon any question of
law connected with his official duties.

   20. -  7. Commissions  and grants shall run in the name of the
commonwealth of  Virginia, and  be attested  by the governor with
the seal of the commonwealth annexed.

   21. -  8. A  lieutenant governor  shall be elected at the same
time,  and  for  the  same  term,  as  the  governor:    and  his
qualification and  the manner  of his  election in  all  respects
shall be the same.

  22. - 9. In case of the removal of the governor from office, or
of his  death, failure  to qualify, resignation, removal from the
state, or  inability to  discharge the  powers and  duties of the
office, the  said office,  with its  compensation, shall  devolve
upon the  lieutenant governor;   and the general as- sembly shall
provide by  law for  the discharge  of the executive functions in
other necessary cases.

          Bouvier's Law Dictionary : V1 : Page 21 of 31

   23. -  10 The  lieutenant governor  shall be  president of the
senate, but shall have no vote;  and while. acting as such, shall
receive a  compensation equal  to that  allowed to the speaker of
the house of delegates. Art. 5, §§1-10.

   24. -  §3. The  judicial powers  are regulated  by  the  sixth
article of the constitution, as follows:

   25. -  1. There  shall be a supreme court of appeals, district
courts and  circuit courts.  The jurisdiction of these tribunals,
and of the judges thereof, except so far as the same is conferred
by this constitution, shall, be regulated by law.

   26. -  2. The  state shall be divided into twenty-one judicial
circuits, ten districts and five sections.

   27. -  3. The  general assembly may, at the end of eight years
after the  adoption  of  this  constitution,  and  thereafter  at
intervals of eight years, re-arrange the said circuits, districts
and sections, and place any number of circuits in a district, and
of districts  in a section;  but each circuit shall be altogether
in one  district, and  each district  in one  section;  and there
shall not  be less  than two  districts and  four circuits  in  a
section, and  the number  of sections  shall not  be increased or

   28. -  6 For  each circuit,  a judge  shall be  elected by the
voters thereof,  who shall  hold his office for the term of eight
years, unless  sooner removed  in the  manner prescribed  by this
constitution. He  shall at  the time  of his election be at least
thirty years  of age, and during his continuance in office, shall
reside in the circuit of which he is judge.

  29. - 7. A circuit court shall be held at least twice a year by
the judge  of each  circuit,  in  every  county  and  corporation
thereof, wherein  a circuit  court is  now or  may  hereafter  be
established. But  the judges in the same district may be required
or authorized  to hold  the courts  of their  respective circuits
alternately, and  a judge  of one  circuit to hold a court in any
other circuit.

   30. -  8. A district court shall be held, at least once a year
in every district, by the judges of the circuits constituting the
section and  the judges  of the  supreme court of appeals for the
section of which the district forms a part, any three of whom may
hold a  court;   but no judge shall sit or decide upon any appeal
taken from  his own  decision. The  judge of the supreme court of
appeals of one section, may sit in the district courts of another
section, when required or authorized by law to do so.

    31.  -  9.  The  district  courts  shall  not  have  original
jurisdiction, except  in cases  of habeas  corpus,  mandamus  and

   32. -  10. For  each section,  a judge shall be elected by the
voters thereof,  who shall hold his office for the term of twelve
years, unless  sooner removed  in the  manner prescribed  by this
constitution. He  shall at  the time  of his election be at least
thirty-five years  of age,  and during his continuance in office,
reside in the section for which he is elected.

          Bouvier's Law Dictionary : V1 : Page 22 of 31

   33. -  11. The  supreme court  of appeals shall consist of the
five judges  so elected,  any three  of whom may hold a court. It
shall have  appellate jurisdiction  only,  except  in  cases  of,
habeas corpus,  mandamus  and  prohibition.  It  shall  not  have
jurisdiction in  civil causes  where the  matter in  controversy,
exclusive of costs, is less, in value or amount than five hundred
dollars,  except   in  controversies   concerning  the  title  or
boundaries of  land, the;   probate of a will, the appointment or
qualification of  a personal  representative, guardian, committee
or curator;   or  concerning a mill, road, way, ferry or landing,
or the  right of  a corporation,  or of a county to levy tolls or
taxes;   and except  in cases  of  habeas  corpus,  mandamus  and
probibition,   and    cases    involving    freedom,    or    the
constitutionality of a law.

   34. -  12. Special  courts of  appeals, to consist of not less
than three nor more than five judges, may be formed of the judges
of the  supreme court  of appeals,  and of the circuit courts, or
any of  them, to  try any  cases remaining  on the dockets of the
present court  of appeals  when the  judges thereof cease to hold
their offices;   or  to try any cases which may be on the dockets
of the supreme court of appeals established by this constitution,
in respect to which a majority of the judges of said court may be
so situated as to make it improper for them to sit on the bearing

   35. -  13 When a judgment or decree is reversed or affirmed by
the supreme  court of  appeals, the  reasons  therefor  shall  be
stated in writing, and preserved with the record of the case.

   36. -  14. Judges  shall be  commissioned by the governor, and
shall receive  fixed and  adequate salaries  which shall  not  be
diminished during  their continuance  in office.  The salary of a
judge of  the supreme  court of  appeals shall  not be  less than
three thousand dollars and that of a judge of a circuit court not
less than  two thousand  dollars per  annum, except  that of  the
judge of  the fifth circuit, which shall not be less than fifteen
hundred dollars  per annum;   and each shall receive a reasonable
allowance for necessary travel.

   37. -  15. No  judge during his term of service shall hold any
other office,  appointment or  public trust,  and the  acceptance
thereof shall  vacate his  judicial office;   nor shall he during
such term,  of within  one year  thereafter, be  eligible to  any
political office.

  38. - 16. No election of judge shall be held within thirty days
of the  time of holding any election of electors of president and
vice-president of the United States, of members of congress or of
the general assembly.

          Bouvier's Law Dictionary : V1 : Page 23 of 31

   39. -  17. Judges  may be  removed from office by a concurrent
vote of  both houses  of the  general assembly, but a majority of
all the  members elected  to each house must concur in such vote;
and the cause of removal shall be entered. on the journal of each
house. The  judge, against whom the general assembly may be about
to proceed,  shall receive  notice thereof, accompanied by a copy
of the  causes alleged  for his  removal, at  least  twenty  days
before the  day on  which either  house of  the general  assembly
shall act thereupon.

   40. - 22. At every election of a governor, an attorney-general
shall be  elected by the voters of the commonwealth, for the term
of four  years. He  shall be  commissioned by the governor, shall
perform such  duties and  receive such  compensation  as  may  be
prescribed by  law, and be removable in the manner prescribed for
the removal of judges.

   41. -  23. Judges  and all  other officers, whether elected or
appointed, shall  continue  to  discharge  the  duties  of  their
respective offices  after their  terms of  service, have expired,
until their successors are qualified.

   42. -  24. Writs  shall run in the name of the commonwealth of
Virginia and  be attested  by the  clerks of  the several courts.
Indictments shall  conclude, against the peace and dignity of the

   43. - 25. There shall be in each county of the commonwealth, a
county court,  which shall  be held  monthly, by  not  less  than
three, nor  more than,  five justices,  except when the law shall
require the presence of a greater number.

   44. - 26. The jurisdiction of the said court shall be the same
as that  of the  existing county  courts, except  so far as it is
modified by this constitution or may be changed by law.

   45. -  27. Each  county shall  be laid  off into districts, as
nearly equal  as may  be in  territory and  population.  In  each
district there  shall be  elected by  the  voters  thereof,  four
justices of the peace, who shall be commissioned by the governor,
reside in  their respective  districts, and hold their office for
the term  of four years. The justices so elected shall choose one
of their  own body,  who shall  be the  presiding justice  of the
county court,  and whose  duty it shall be to attend each term of
said court. The other justices shall be classified by law for the
performance of their duties in court.

   46. -  28. The  justices shall  receive for  their services in
court, a  per diem  compensation, to  be ascertained  by law, and
paid out  of the country treasury;  and shall not receive any fee
or emolument for other judicial services.

  VIRILIA. The privy members of a man. Bract. lib. 3, p. 144.

   VIRTUTE OFFICII.  By  virtue  of  his  office.  A  sheriff,  a
constable,  and   some  other   officers  may,  virtute  officii,
apprehend a man who has been guilty of a crime in their presence.

   VIS. A  Latin word  which signifies force. In law it means any
kind of  force, violence,  or disturbance,  relating to  a  man's
person or his property.

          Bouvier's Law Dictionary : V1 : Page 24 of 31

   VIS IMPRESSA. Immediate force;  original force. This phrase is
applied to  cases of  trespass when  a question arises whether an
injury has  been caused  by a  direct  force,  or  one  which  is
indirect. When the original force, or vis impressa, had ceased to
act before  the injury  commenced, then  there is  no force,  the
effect is mediate, and the proper remedy is trespass on the case.

  2. When the injury is the immediate consequence of the force or
vis proxima, trespass vi et armis lies. 3 Bouv. Inst. n. 3483;  4
Bouv. Inst. n. 3583.

   VIS MAJOR,  a superior  force. In  law it signifies inevitable

   2. This  term is used in the civil law in nearly the same same
way that  the words  act of  God, (q.  v.) are used in the common
law. Generally,  no one  is responsible  for  an  accident  which
arises from  the vis  major;   but a  man may  be so where he has
stipulated that he would;  and when he has been guilty of a fraud
or deceit.  2 Kent,  Com. 448;   Poth. Pret a Usage, n. 48, n. 60
Story Bailm. §25.

   VISA, civ.  law. The  formula put upon an act;  a register;  a
commercial book, in order to approve of it and authenticate it.

   VISITATION. The  act  of  examining  into  the  affairs  of  a

  2. The power of visitation is applicable only to ecclesiastical
and eleemo-synary  corporations. 1  Bl. Com. 480;  2 Kid on Corp.
174. The  visitation of  civil corporations  is by the government
itself, through  the medium of the courts of justice Vide 2 Kent,
Com. 240.

   VISITER. An  inspector of  the government,  of corporations or
bodies politic.  1 Bl. Com. 482. Vide Dane's Ab. Index, h. t.;  7
Pick. 303;  12 Pick. 244.

  VISNE. The neighborhood;  a neighboring place;  a place near at
hand;  the venue. (q. v.)

     2.  Formerly   the  visne  was  confined  to  the  immediate
neighborhood, where  the cause of action arose, and many verdicts
were disturbed because the visne was too large, which, becoming a
great grievance  several statutes were passed to remedy the evil.
The 21 James I, c. 13, gives aid after verdict where the visne is
partly wrong,  that is, where it is warded out of too many or too
few places  in the  county named. The 16 and 17 Charles II. c. 8,
goes further,  and cures defects of the visne wholly, so that the
cause is tried by a jury of the proper county. Vide Venue.

   VIVA VOCE.  Living voice;   verbally.  It is  said  a  witness
delivers his  evidence viva  voce, when he does so in open court;
the term  is opposed  to deposition.  It is  sometimes opposed to
ballot;  as, the people vote by ballot, but their representatives
in the legislature, vote viva voce.

          Bouvier's Law Dictionary : V1 : Page 25 of 31

   VIVARY. A  place where  living things are kept;  as a park, on
land;  or in the water, as a pond.

  VIVUM VADIUM, or living pledge, contracts. When a man borrows a
sum of money (suppose two hundred dollars) of another, and grants
him an  estate, as  of twenty dollars per annum, to hold till the
rents and profits shall repay the sum so borrowed.

  2. This is an estate conditioned to be void as soon as such sum
is raised.  And in  this case  the land  or pledge  is said to be
living;   it subsists,  and survives the debt, and immediately on
the discharge,  of that, results back to the borrower. 2 Bl. Com.
157. See Antichresis;  Mortgage.

   VOCATIO IN  JUS, Roman  civ. law. According to the practice in
the legis  actiones of  the Roman  law, a  person having a demand
against another, verbally cited him to go with him to the praetor
in jus  eamus. In  jus te  voco. This  was denominated vocatio in
jus. If  a person  thus summoned  refused  to  go,  he  could  be
compelled by  force to do so unless he found a vindex, that is, a
procurator or  a person  to undertake his cause. When the parties
appeared before  the praetor,  they went  through the  particular
formalities required  by the  action applicable  to the cause. If
the cause  was not  ended the  same day,  the parties promised to
appear again  at another  day, which  was called  vadimonium. See
Math. V. 25.

  VOID, contracts, practice. That which has no force or effect.

  2. Contracts, bequests or legal proceedings may be void;  these
will be severally considered.

   3. -  1. The  invalidity of  a contract  may arise  from  many
causes. 1.  When the parties have no capacity to contract;  as in
the case  of idiots,  lunatics, and  in some  states, under their
local  regulations,   habitual  drunkards.   Vide   Par-ties   to
contracts, §1;   1  Hen. & Munf 69;  1 South. R. 361;  2 Hayw. R.
394;   Newl. on  Contr. 19;  1 Fonbl. Eq. 46;  3 Camp. 128;  Long
on Sales,  14;   Highm. on  Lunacy, 111,  112 Chit. on Contr. 29,

  4. - 2. When the contract has for its object the performance of
an act  malum in  se;   as a covenant to rob or kill a man, or to
commit a  breach of the peace. Shep. To. 163;  Co. Lit. 206, b 10
East, R. 534.

  5. - 3. When the thing to be performed is impossible;  as, if a
man were  to covenant  to go  from the United States to Europe in
one day.  Co. Lit.  206, b. But in these cases, the impossibility
must exist  at the  time of  making the  contract;   for although
subsequent events may excuse the performance, the contract is not
absolutely void;   as,  if John  contract to  marry  Maria,  and,
before the  time appointed, the covenantee marry her himself, the
contract will  not be  enforced, but  it  was  not  void  in  its
creation. It  differs from  a contract made by John, who, being a
married man, and known to the coveiaantee, enters into a contract
to marry  Maria during  the continuance of his existing marriage,
for in that case the contract is void.

          Bouvier's Law Dictionary : V1 : Page 26 of 31

   6. - 4. Contracts against public policy;  as, an agreement not
to marry  any one,  or not to follow any business;  the one being
considered in  restraint of  marriage, and the other in restraint
of trade.  4 Burr. 2225;  S. C. Wilm. 364;  2 Vern. 215;  Al. 67:
8 Mass.  R. 223;   9  Mass. R.  522;  1 Pick. R. 443;  3 Pick. R.

   7. - 5. When the contract is fraudulent, it is void, for fraud
vitiates everything.  1 Fonbl.  Equity, 66,  note Newl. on Contr.
352;  and article Fraud. As to cases when a condition consists of
several parts,  and some  are lawful  and  others  are  not,  see
article Condition.

   8. - 2. A devise or bequest is void:. 1. When made by a person
not lawfully  authorized to make a will;  as, a lunatic or idiot,
a married  woman, and  an infant  before arriving  at the  age of
fourteen, if  a male, and twelve if a female. Harg. Co. Lit. 896,
If;  Rob. on Wills, 28;  Godolph. Orph. Leg. 21. 2. When there is
a defect in the form of the will, or when the devise is forbidden
by law;   as,  when a  perpetuity is given, or when the devise in
unintellig-ible. 3.  When it has been obtained by fraud. 4. When,
the devisee  is dead.  5. And  when there  has been an express or
implied revocation of the will. Vide Legacy;  Will.

   9. -  3. A  writ or  process is  void when  there was  not any
authority for issuing it, as where the court had no jurisdiction,
In such  case, the  officers acting  under it become trespassers,
for they  are required,  notwithstanding it  may sometimes  be  a
difficult question of law, to decide whether the court has or has
not jurisdiction.  2 Brownl. 124;  10 Co. 69;  March's R. 118;  8
T. R.  424;   3 Cranch,  R. 330;   4  Mass. R. 234. Vide articles
Irregularity;   Regular and Irregular Process. Vide, generally, 8
Com. Dig. 644;  Bac. Ab. Conditions, K;  Bac. Ab. Infancy, &c. I;
Bac. Ab. h. t.;  Dane's Ab. Index, h. t.;  3 Chit. Pr. 75;  Yelv.
42, a, note 1;  1 Rawle, R. 163;  Bouv. Inst Index, h. t.

   VOIDABLE. That  which has  some force or effect, but which, in
consequence of  some inherent quality, may be legally annulled or

   2. As  a familiar  example, may  be mentioned  the case  of  a
contract, made by an infant with an adult, which maybe avoided or
confirmed by  the former  on his  coining of  age. Vide  Parties,

   3. Such contracts are generally of binding force until avoided
by the party having a right to annul them. Bac. Ab. Infancy, 1 3;
Com. Dig.  Enfant;   Fonbl. Eq.  b. 1, c. 2, §4, note b;  3 Burr.
1794 Nels.  Ch. R.  5 5;  1 Atk. 3 5 4;  Stra. 9 3 7;  Perk. §12.
VOIR. An  old French word, which signifies the same as the modern
word vrai, true. Voir dire, to speak truly, to tell the truth.

          Bouvier's Law Dictionary : V1 : Page 27 of 31

  2. When a witness is supposed to have an interest in the cause,
the party  against whom he is called has the choice to prove such
interest by  calling another  witness to  that fact,  or  be  may
require the  witness produced  to be sworn on his voir dire as to
whether he  has an  interest in  the cause, or not, but the party
against whom he is called will not be allowed to have recourse to
both methods  to prove  the  witness  interest.  If  the  witness
answers he  has no  interest, he  is competent,  his  oath  being
conclusive;   if he  swears  he  has  an  interest,  he  will  be

   3. Though this is the rule established beyond the power of the
courts to  change, it seems not very satisfactory. The witness is
sworn on  his voir  dire to ascertain whether he has an interest,
which would  disqualify him,  because  he  would  be  tempted  to
perjure himself,  if he testified when interested. But when he is
asked whether  he has  such an  interest, if  he is dishonest and
anxious to  be sworn  in the  case, he  will swear falsely he has
none, and  his answer  being conclusive,  he will  be admitted as
competent;   if, on  the contrary,  he swears  truly  he  has  an
interest, when  he knows  that will  exclude him, he is told that
for being  thus honest,  he must  be rejected. See, generally, 12
Vin. Ab. 48;  22 Vin. Ab. 14;  1 Dall, 375;  Dane's Ab. Index, h.
t.;  and Interest.

   VOLUNTARY. Willingly;   done with one's consent;  negligently.
Wolff, §5.

   2. To render an act criminal or tortious it must be voluntary.
If a  man, therefore,  kill another  without a  will on his part,
while engaged  in the  performance of  a lawful  act, and  having
taken proper  care to  prevent it, he is not guilty of any crime.
And if  he commit an injury to the person or property of another,
he is  not liable  for damages, unless the act has been voluntary
or through  negligence, as  when a  collision takes place between
two ships without any fault in either. 2 Dobs. R. 83 3 Hagg. Adm.
R. 320, 414.

   3. When  the crime  or injury happens in the performance of an
unlawful act,  the party  will  be  considered  as  having  acted

   4. A  negligent escape  permitted by  an  officer  having  the
custody of  a prisoner  will be  presumed as  voluntary;  under a
declaration or  count charging the escape to have been voluntary,
the party  will, therefore, be allowed to give a negligent escape
in evidence. 1 Saund. 35, n. 1. So Will.

  VOLUNTARY CONVEYANCE, contracts. The transfer of an estate made
without any adequate consideration of value.

   2. Whenever  a voluntary  conveyance is made, a presumption of
fraud properly  arises upon  the statute  of 27th  Eliz. cap.  4,
which presumption may be repelled by showing that the transaction
on which  the conveyance  was founded,  virtually contained  some
conventional  stipulations,   some  compromise  of  interests  or
reciprocity of  benefits, that  point out  an object  and  motive

          Bouvier's Law Dictionary : V1 : Page 28 of 31

beyond the  indulgence of affection or claims of kindred, and not
reconcilable  with   the  supposition  of  intent  to  deceive  a
purchaser. But unless so repelled, such a conveyance coupled with
a subsequent  negotiation for  sale, is  conclusive  evidence  of
statutory fraud.  5 Day,  223, 341;   1 Johns. Cas. 161;  4 John.
Ch. R.  450;  3 Conn. 450;  4 Conn. 1;  4 John. R. 536;  15 John.
R. 14;   2  Munf. R.  363. A  distinction has  been made  between
previous and  subsequent creditors;  such a conveyance is void as
to the  former but  not as  to the latter. 8 Wheat. 229;  3 John.
Ch. 481;   and see 6 Alab. R. 506;  9 Alab. R. 937;  10 Conn. 69.
And a  conveyance by  a father  who, though  in debt,  is not  in
embarrassed circumstances, who makes a reasonable provision for a
child, leaving  property sufficient  to pay his debts, is not per
se, fraudulent.  4 Wheat.  27;  6 Watts & S. 97;  4 Verm. 889;  6
N. H. Rep. 67;  11 Leigh, 137;  5 Ohio, 121.

   3. By  the statute of 3 Henry VII. c. 4, all deeds of gifts of
goods and  chattels in  trust for  the donor  were declared void;
and by  the statute  of 13  Eliz.  ch.  5,  gifts  of  goods  and
chattels, as well as of lands, by writing or otherwise, made with
intent to delay, hinder and defraud creditors, were rendered void
as against the person to whom such frauds would be prejudicial.

   4. The  principles of  these statutes,  which indeed have been
copied from  the civil  law, Dig.  42, 8  , 5, 11;  2 Bell's Com.
182, though  they may  not  have  been  substantially  reenacted,
prevail throughout  the United  States. 8  Johns. Ch.  R. 481;  1
Halst. R.  450;   5 Cowen, 87;  8 Wheat. R. 229;  11 Id. 199;  12
Serg. &  Rawle, 448;   9 Mass. R. 390;  11 Id. 421;  4 Greenl. R.
52;  2 Pick. R. 411;  8 Com. Dig. App. h. t.;  22 Vin. Ab. 15;  1
Vern. 38,  101;   Rob. on  Fr. Conv. 65, 478 Dane's Ab. Index, h.
t.;   14 Ves.  344;  4 McCord, 294;  1 Rawle. 231;  1 Rep, Const.
Ct. 180;   1 N. & McCord, 334;  Coxe, 56;  Hare & Wall. Sel. Dee.
33-69. Vide Contracts;  Indebtedness;  Settlement.

   5. As  between the  parties such  conveyances are, in general,
good. 2  Rand. 384;   1 John. Chan. R. 329, 336;  1 Wash. 274 And
when it  has once  been executed  and  delivered,  it  cannot  be
recalled;  even where an unmarried man executes a voluntary trust
deed for  the benefit  of future  children, nor  can  he  relieve
himself from  a provision in the conveyance to the trustee, under
which the  income of  the trust property is to be paid to him at.
the discretion  of a third person. 2 My. & Keen, 496. See 2 Moll.

   VOLUNTARY DEPOSIT,  civil law.  One which  is made by the mere
consent or agreement of the parties. 1 Bouv. Inst. n. 1054.

   VOLUNTARY ESCAPE.  The giving  to a  prisoner voluntarily, any
liberty not  authorized by  law. 5  Mass. 310;   2  Chipm. 11;  3
Harr. & John. 559;  2 Harr. & Gill. 106;  2 Bouv. Inst. n. 2332.

  VOLUNTARY JURISDICTION. In the ecclesiastical law, jurisdiction
is  either   contentious  jurisdiction,   (q.  v.)  or  voluntary
jurisdiction. By  the latter  term is  understood  that  kind  of
jurisdiction which  requires no  judicial  proceedings,  as,  the
granting letters  of administration  and receiving the probate of

          Bouvier's Law Dictionary : V1 : Page 29 of 31

   VOLUNTARY NONSUIT, practice. The abandonment of his cause by a
plaintiff, and  an agreement that a judgment for costs be entered
against him. 3 Bouv. Inst. n. 3306.

  VOLUNTARY SALE, contracts. One made freely, without constraint,
by the owner of the thing &old. 1 Bouv. Inst. n. 974.

   VOLUNTARY WASTE.  That which  is either  active or  wilful, in
contradistinction to  that which  arises  from  mere  negligence,
which is  called permissive  waste. 2  Bouv. Inst.  2394, et seq.
Vide Waste.

     VOLUNTEERS,  contracts.  Persons  who  receive  a  voluntary
conveyance. (q. v.)

   2. It is a general rule of the courts of equity that they will
not assist  a mere  volunteer who  has  a  defective  conveyance.
Fonbl. B.  1, c.  5, s.  2, and  See  the  note  there  for  some
exceptions to  this rule.  Vide, generally,  1 Madd.  Ch. 271,. 1
Supp. to Ves. jr. 320;  2 Id. 321;  Powell on Mortg. Index, h. t.
4 Bouv. Inst. n. 3968-73.

   VOLUNTEERS, army.  Persons who  in time  of  war  offer  their
services to their country and march in its defence.

  2. Their rights and duties are prescribed by the municipal laws
of the  different states.  But when  in actual  service they  are
subject to the laws of the United States and the articles of war.

   VOTE. Suffrage;  the voice of an individual in making a choice
by many.  The total  number of  voices given at an election;  as,
the presidential vote.

   2. Votes  are either given, by ballot, v.) or viva voce;  they
may be  deli-vered personally  by the  voter himself, or, in some
cases, by proxy. (q. v.)

   3. A  majority (q. v.) of the votes given carries the question
submitted, unless  in particular  cases when  the constitution or
laws require that there shall be a majority of all the voters, or
when a  greater  number  than  a  simple  majority  is  expressly
required;   as, for  example in  the case of the senate in making
treaties by  the president and senate, two-thirds of the senators
present must concur. Vide Angell on Corpor. Index, h. t.

   4. When the votes are equal in number, the proposed measure is

  VOTER. One entitled to a vote;  an elector.

   VOUCHEE. In  common recoveries,  the person  who is  called to
warrant or defend the title, is called the vouchee. 2 Bouv. Inst.
n. 2093.

   VOUCHER, accounts.  An account  book in  which are entered the
acquittances, or warrants for the accountant's discharge. It also
signifies any  acquittance  or  receipt,  which  is  evidence  of
payment, or of the debtor's being discharged. See 3 Halst. 299.

          Bouvier's Law Dictionary : V1 : Page 30 of 31

   VOUCHER, common  recoveries. The voucher in common recoveries,
is the  person on whom the tenant to the praecipe calls to defend
the title  to the  land, because he is supposed to have warranted
the title to him at the time of the original purchase.

  2. The person usually employed for this purpose is the cryer of
the court,  who is  therefore called  the  common  voucher.  Vide
Cruise, Dig.  tit. 36, c. 3, s. 1;  22 Vin. Ab. 26;  Dane, Index,
h. t.;  and see Recovery.

  VOUCHER TO WARRANTY, common recoveries. The calling one who has
warranted lands,  by the  party warranted, to come and defend the
suit for him. Co. Litt. 101, b. Vide Warranty, voucher to.

   VOYAGE, marine  law. The passage of a ship upon the seas, from
one port to another, or to several ports.

   2. Every  voyage must  have a terminus a quo and a terminus ad
quem. When  the insurance is for a limited time, the two extremes
of that  time are  the termini of the vovage insured. When a ship
is insured  both outward  and homeward,  for one  entire premium,
this with  reference to  the insurance,  is  considered  but  one
voyage;   and the  terminus a  quo is  also the terminus ad quem.
Marsh. Ins.  B. 1,  c. 7,  s. 1  to 5. As to the commencement and
ending of the voyage, see  Risk.

   3. The  voyage, with  reference to  the  legality  of  it,  is
sometimes confounded  with the  traffic  in  which  the  ship  is
engaged, and  is frequently  said to be illegal, only because the
trade is so. But a voyage may be lawful, and yet the transport of
certain goods  on board  the ship may be prohibited or the voyage
may be  illegal, though  the transport  of the  goods be  lawful.
Marsh. Ins.  B. 1,  c. 6, s. 1. See Lex Merc. Amer. c. 10, s. 14;
Park. Ins. ch. 12;  Wesk. his. tit. Voyages;  and Deviation,

   4. In the French law the Voyage de conserve, is the name given
to designate  an agreement  made between two or more sea captains
that they  will not  separate in  their voyage,  will lend aid to
each other, and will defend themselves against a common enemy, or
the enemy  of one  of them,  in case of attack. This agreement is
said to  be a  partnership. 8 Pardes. Dr. Com. n. 656;  4 Pardes.
Dr. Com. n. 984;  20 Toull. n. 17.

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