LAPSED LEGACY

49

LARCENY

ܪ

to the

dies before testator; 3 id. 803, n.; but in Larceny was formerly in England, and still is, many, if not all the states, if made to a son or perhaps, in some states, divided into grand and grandson of the testator, it takes effect, by petit or petty larceny, according as the value of

the property taken was great or small; 2 East, force of statute, in favor of his heirs, if he die

Pl. Cr. 736; M'Cord, 187; 3 Hill, N. Y. 395; before testator; so in Massachusetts, in the 6 id. 144; í Hawks, 463 ; 8 Blackf. 498. Yet in case of a devise to a child or other relative; England this distinction is now abolished, by 7 3 Washb. R. P. 523; 101 Mass. 38. See 1 & 8 Geo. IV. c. 29, § 2; and the same is true of Jarman, Wills, Perkins ed. 301, n. ; 3 id. 803, many of the United States, although in some a n.; 4 Kent, 541. In regard to a lapsed devise, difference is made, similar in theory, between

cases where the amount stolen is more and where where the devisee dies during the life of the it is less than one hundred dollars or some fixed testator, the estate so devised will

sum. heir

, notwithstanding a residuary devise. But if the devise be void, as where the devisee is stances which, in view of the law, aggravate

Compound larceny is larceny under circumdead at the date of the will, or is made upon the crime. The law in relation to this branch a condition precedent which never happens, of larceny is to a great extent statutory.. the estate will go to the residuary devisee, if

The property of the owner may be either the words are sufficiently comprehensive ; general ; 1 C. & K. 518; 2 Den. Cr. Cas. 449; 2 Vern. 394; 15 Ves. 589; 3 Whart. 477 ; or special; 10 Wend. 165; 14 Mass. 217; 13 1 Harr. 524; 4 Kent, 541, 542. But some Ala. n. s. 153 ; 21 Me. 14; 8 Tex. 115; 4 of the cases hold in that case, even, that the Harr. Del. 570 ; 6 Hill, 144; 9 C. & P. 44. estate goes to the heir; 6 Conn. 292; 4 Ired.

There must be a taking against the consent Eq. 320; 13 Md. 415. By the English law of the owner; 8 C. & P. 291 ; 9 id. 365; 1 a residuary bequest operates upon all the Den. Cr. Cas. 381 ; 2 Ov. 68 ; 9 Yerg. 198 ; personal estate which the testator is possessed 20 Ala. n. 8. 428; 1 Rich. 30; 2 N. & M'C. of at the time of his death, and will include 174; Coxe, N. J. 439; and the taking will sạch as would have gone to pay specific lega uot be larceny if consent be given, though obcies which lapse or are void ; 4 Ves. Ch. 708, tained by fraud; 15 S. & R. 93; 9 C. & P. 732; 4 Paige, Ch. 115; 6 id. 600; 4 Hawks, 741; 4 Taunt. 258; 7 Cox, Cr. Cas. 289. 215; 1 Dana, 206 ; 1 D. & B. Eq. 115, 116; But where one retains money paid by mistake, 82 Penn. 428; 1 Jarm. Wills, 585-599.

it is larceny, for the consent of the owner in LAPSED LEGACY. A legacy which, parting with his property was only apparent, on account of the death of the legatee before not real; 8 Oreg. 394 ; s. C. 34 Am. Rep. the period arrives for the payment of the 590; 6 Hun, 121. Whenever the defendant legacy, lapses or deviates from the course can be regarded in the light of the servant or prescribed by the testator, and falls into the agent of the owner, he is guilty of larceny; residuum. i Williams, Ex. 1036; 10 S. & i Denio, 120; Whar. Cr. Law, Sš 956-971. By

stat. 24 & 25 Vict. c. 96, a bailee who frauduA distinction exists between a lapsed devise lently converts the property entrusted to him, and a lapsed legacy. A devise which lapses to his own use is guilty of larceny; Cox & does not fall into the residue unless so pro- Saunders, Crim. Law, 26, 27.

When the vided by the will

, but descends to the heir at possession of an article is intrusted to a perlaw; on the contrary, personal property son, who carries it away and appropriates it

, passes by the residuary clause, where it is not this is no larceny ; 24 E. L. & Eq. 562; 4 otherwise disposed of'; 2 Bouv. Inst. 2158-C. & P. 545; 5° id. 533; 1 Pick. 375; 20 2161. See LAPSED Devise.

Ala. N. s. 428; 17 N. Y. 114; see 2 M'Mull. LARCENY. In Criminal Law. The 382; 2 C. & K. 983; 4 Mo. 461; 33 Me. wrongful and fraudulent taking and carrying 127 11 Cush. 483 ; 13 Gratt. 803 ; 11 Tex, e shared by one person of the mere personal 769 ; but when the custody merely is parted felonious intent to convert them to list the T. B. Monr. 130 ; 1" Denio, 120; 11 Q.'B. taker is use , and make them his property 929 ; 1 Den. Cr

. Cas. 584. without the consent of the owner. Pl. Cr. 553; 4 Wash. C. C. 700. Robbery is

2 East,

The decisions have not been entirely uniform

as to whether the fraudulent retention of money a form of compound larceny; 2 Bish. Cr. L. held in England, not to be so, but here the com;

delivered to be changed, is larceny. It has been 757; 23 Ind. 21. In a recent English case, Mr. Baron Parke said Minn. 66 ; s. C. 33 Am. Rep. 455, n. See 9 C. & that this definition, which was the most complete P. 741 ; 11 Cox's Cr. Cas. 32. of any, was defective, in not stating what is the meaning of the word " felonious,” which, he said,

The taking must be in the county where commay be explained to mean that there is in the criminal is to be tried ; 9 C. & P. 29 ;

But when the taking has fentent must be to deprive the owner, not been in the county or state, and the thief is kemporarily, but permanently, of his property." caught with the stolen property in another guide Templ& M. 40. It is safepen. Che county than that where the theft was comhitext-writers. Per Colimane deti nielers, Firen arrested with the goods ; as, by construction pitia are collected by Mr. Bishop, a Cr. Law; of law, there is a fresh taking in every county

R. 351.

421.

c. 17.

The

3166.

7 Metc. 175. Whether an indictment for The maritime law contained in it is given in larceny can be supported where the goods are vol. 6 of Pardess. Col. of Mar. Law. He proved to have been originally stolen in another follows the editions of 1807, at Paris. It has state, and brought thence into the state where been translated into English. Such of its the indictment is found, a point on which provisions as are applicable are in force in the decisions are contradictory Where pro- Florida, Louisiana, and Texas. 1 Bla. Com. perty was stolen in one of the British Pro- 66; 1 Rec. 354. vinces and brought by the thief into Massa- LASCIVIOUS CARRIAGE. In Conchusetts, it was held not larceny there; 3 Gray,

necticut. A term including those wanton 434. See, contra, 11 Vt. 650.

acts between persons of different sexes, who There must be an actual removal of the are not married to each other, that flow from article; 1 Leach, 236, n., 320; 3 Greenl. Ev. the exercise of lustful passions, and which are $ 154 ;' 7 C. & P. 552; 8 id. 291 ; 8 Ala. N. not otherwise punished as crimes against chasS. 328; 12 Ired. 157;. 9 Yerg. 198; but a tity and public decency.. 2 Swift, Dig. 343 ; very slight removal, if it amount to an actual 2 Swift. Syst. 331. It includes, also, inditaking into possession, is sufficient; 2 Eust, cent acts by one against the will of another. Pl. Cr. 556, 617; 1 C. & K. 245; Dearsl.

5 Day, 81.

LAST HEIR. He to whom the lands The property must be personal; and there can be no larceny of things affixed to the soil ; come if they escheat for want of lawful heirs : 1 Hale, Pl. Cr. 510; Ired. 477; 8 C. & viz., sometimes the lord of whom the lands P. 293 ; 35 Cal. 671; 54 Ala. 238; but it are held, sometimes the king. Bract. lib. 5, once severed by the owner, a third person, or the thief himself, as a separate transaction, it

LAST SICKNESS. That of which a becomes a subject of larceny ; 11 Ired. 70; person dies. 3 Hill, N. Y. 395; 1 Mod. 89; 2 Rolle, 89;

expenses of this sickness are generally 7 Taunt. 188. The common law rule has entitled to a preference in payment of debts been modified from time to time in England, of an insolvent estate. La. Civ. Code, art. so as to afford protection to things fixed to the freehold. The rule was never satisfactory,

To prevent impositions, the statute of frauds and the courts in modern times have been in- requires that nuncupative wills shall be made clined to confine it within the narrowest limits; during the testator's last sicknsss. Roberts, 30 Am. Rep. 159, n.; s. C. 4 Tex. Ct. App. Frauds, 556 : 20 Johns. 502. 26; 11 Ohio, 104. It must be of some value, LAST WILL (Lat. ultima voluntas). A though but slight; 4 Rich. 356 ; 3 Harr. Del disposition of real estate to take effect after 563; 7 Metc. 475. See 8 Penn. 260; 6 death. Jolins. 103; 9 C. & P. 347. At common It is strictly distinguishable from testament, law there cannot be larceny of animals, in which is applied to personal estate, 1 Wms. which there is neither an absolute nor a quali- Exec. 6, n. 6, Amer. notes ; but the words fied property, as beasts feræ naturæ ; 1 Greene, are generally used together, “last will and 106 ; 7 Johns. 16; 1 C. & K. 494 ; but other testament,” in a will, whether real or perwise of animals reclaimed or confined, as deer, sonal estate is to be disposed of. See Will. or rabbits in a park, fish in a tank, pheasants, LASTAGE. etc., in a mew; all valuable domestic animals, and all animals domito naturæ, which serve markets to carry things where one will; also a

A custom anciently exacted in some fairs and for food. But all other animals which do not custom paid for goods sold by the last (a certain serve for food, as dogs, unless taxed, are not weight or measure); the ballast of a shipsubjects of larceny. But oysters, when planted Young, Naut. Dic.

Stowage room for goods in a vessel. for usc, are so, as is the flesh of dead animals ; 1 Whart. Cr. Law, $S 864-875. But under

LATENT AMBIGUITY. One which statute in some of the states there may be does not appear on the face of the instrularceny of dogs, and actions may be main-ment. A latent ambiguity is where words tained for injury to them ; 4 Parker, C. C. apply equally to two different things or sub386; 27 Ala. 480; 11 Kans. 480; s. C. 15 ject matters; 15 M. & W. 561 ; but where Am. Rep. n. ; see article in 2 Alb. Law Jour. the parties may have intended either of the

two things in dispute, the term does not apSee Hale, Hawkins, Pleas of the Crown; ply; 10 Ohio, 534. See 'AMBIGUITY; Wharton, Bishop, Gabbett, Russell, Criminal Maxims, Ambiguities. Law ; Roscoe, Criminal Evidence.

LATERAL SUPPORT. A person's LAS PARTIDAS. The name of a code right to the support of the land immediately of Spanish law. It is sometimes called las around his house is not so much an easement, siete partidas, or the seven parts, from the as

has been called, as it is the ordinary right number of its principal divisions. It is

of enjoyment of property. Where a house compilation from the civil law, the customary is injured as an indirect effect of the improper law of Spain, and the canon law. It was working of mines, the right of action arises compiled by four Spanish jurisconsults, under at the time the mischief is felt, and the statthe eye of Alphonso X., A. D. 1250, and ute of limitations runs from that time; 9 H. published in Castile in 1263, but first

L. 503. See SUPPORT

promulgated as law by Alphonso XI., A. D. 1348. LATHE, LATH (L. Lat. laestrum or

101.

a

ܕܙ

leda. Law Fr. and Eng. Dict.). A division sion of the steam-boiler of the lighter, it was of certain counties in England, intermediate held that his vessel was liable in rem for the between a county or shire and a hundred, loss; 23 Bost. L. Rep. 277. sometimes containing three or four hundreds,

LAW. That which is laid down; that as in Kent and Sussex. Cowel. But in Sussex the word used for this division is rape. action, or order of sequences.

which is established. A rule or method of i Bla. Com. 116. There was formerly a

The rules and methods by which society lathe-reeve or bailiff in each lathe. Id. This division into lathes continues to the present compels or restrains the action of its members. (lay. See 12 E. 244. In Ireland, the lathe

The aggregate of those rules and principles was intermediate between the tything and the of conduct which the governing power in a hundred. Spencer, Ireland. See 'T. L.

community recognizes as the rules and princi

ples which it will enforce or sanction, and LATIDEMEO. In Spanish Law, according to which it will regulate, limit, or The tax paid by the possessor of land held protect the conduct of its members. by quit-rent or emphyteusis to the owner of A rule of civil conduct prescribed by the the estate, when the tenant alienates his supreme power in a state. i Steph. Com. 25. right in the property.

A rule or enactment promulgated by the LATIFUNDIUM (Lat.). In Civil legislative aụthority of a state; a longLaw. Great or large possessions; a great or established local custom which has the force large field ; a common. Ainsworth. A great of such an enactment; 10 Pet. 18. estate made up of smaller ones (fundis),

The doctrines and procedure of the comwhich began to be common in the latter times mon law of England and America, as distinof the empire. Schmidt, Civ. Law, Introd. guished from those of equity, p. 17.

An oath. So used in the old English pracLATIFUNDUS (Lat. late possidens). A tice, by which wager of law was allowed. possessor of a large estate made up of smaller See WAGER OF LAW. ones. Du Cange.

Perhaps few terms whose use requires equal LATITAT (Lat. he lies hid). In Eng- precision serve in so many diverse meanings as lish Law. The name of a writ calling a de the

term law. In its root it signifies

that which

“In the fendant to answer to a personal action in the largest sense,” says Montesquieu(Esprit des Lois; king's bench. It derives its name from a b. 1, ch. 1),'" laws are the necessary relations supposition that the defendant lurks and lies which arise from the nature of things; and, in hid, and cannot be found in the county of this sense, all beings have their laws, God has Middlesex (in which the said court is holden) his laws, the material universe has its laws, to be taken there, but is gone into some other animals have their laws, man has his laws. county, and therefore requiring the sheriff to this sense, the idea of a command proceeding apprehend him in such other county. Fitz. from a superior to an inferior is not necessarily

Abolished by stat. 2 Wm. IV. involved in the term law. It is frequently thus c. 39.

used to denote simply a statement of a constant LAUDIMIUM, LAUDATIOREM thus, are but generalized statements of observed

relation of phenomena. The laws of science, (Lat. a laudando domino). A fiftieth part facts." "It is a perversion of language;". of the purchase-money or (if no sale) of the Paley, “to assign any law as the efficient operavalue of the estate paid to the landlord (domi- tive cause of any thing. A law presupposes an mus) by a new emphyteuta on his succession agent : this is only the mode according to which to the estate, not as heir, but as singular suc

an agent proceeds." cessor. Voetius, Com. ad Pand. lib. 6, tit. broad use of the term, in which it denotes any of 3, $$ 26–35; Mack. C. L. 297.

those rules and methods by which a society Old English Law. The tenant paid compels or restrains the action of its members. i hlaudimium

or acknowledgment-money to Here the idea of a command is more generally the new landlord on the death of the old. See obvious, and has usually been thought an essenBlount, Acknowledgment-Money. LAUNCH. The movement by which a between the abstract and the concrete meaning ship or bout descends from the shore into the of the

word. That which is usually intended by water when she is first built, or afterwards. A large, long, low, flat-bottomed boat. Wroadest sense which it bears when used in the

which is intended by the term “law.” In the Luana. A small vessel employed to carry the ate government, the relation of states to each risk of the insurers till landed ; 5 Mart. La. themselves and to each other. ek her goods on board of a launch are at the obligations of states, of individuals, and of arti

ficial persons and local communities among N. 5. 387. The duties and rights of the masfer of a launch are the same as those of the view, first, of the rights of persons, distinguish

In

N. B. 78.

In its relation to human affairs there is a

tial element in the notion of human law.

A distinction is to be observed in the outset

the term "laws" is not coextensive with that

which several persons stand. These relations the law. It comprises not only those rules and are either (1) public or political, viz. : the rela- principles which are to be enforced; but also tion of magistrates and people; or, (2) private, those which are simply permissive; for a very as the relations of master and servant, husband large part even of modern statute-law-which is and wife, parent and child, guardian and ward, commonly defined as a rule commanding or proto which might be added relations arising out of hibiting-in reality neither commands nor proprivate contracts, such as partnership, principal hibits, except in the most distant and indirect and agent, and the like. Under the head of the sense, but simply authorizes, permits, or sancrights of persons as arising out of public rela- tions; and this is much more generally true of tions may be discussed the constitution and those principles of the law which rest in custom polity of the state, the distribution of powers and the adjudications of the courts. It is only among the various departments of the govern- those which relate to the members of the commument, the political status of individuals, as nity in question; for laws, as such, bave no aliens, citizens, and the like.

extra-territorial operation. In the second place, the analysis presents the The earliest notion of law was not an enumerarights of property, which is divided into personaltion of a principle but a judgment in a particular property or chattels, viz., that which is movable, case. When pronounced in the early ages, by a and real property, or that which is immovable, king, it was assumed to be the result of direct viz., lands, including nearly all degrees of in- divine inspiration. Afterwards came the notion terest therein, as well as such chattels as by a of a custom which a judgment affirms, or punpeculiar connection with land may be deemed to ishes its breach. In the outset, however, the have lost their character as legally movable : only authoritative statement of right and wrong these rights of property are viewed in respect to is a judicial sentence rendered after the fact has the origin of title, the transmission of title, and occurred. It does not presuppose a law to have the protection of the enjoyment thereof.

been violated, but is enacted for the first time In the third place, the analysis presents a view by a higher form into the judge's mind at the of private wrongs, or those injuries to persons moment of adjudication. Maine, Anc. Law, for which the law provides a redress for the (Dwight's ed.) pp. xv. 5. aggrieved party; and under this head may be The idea of law has commonly been analyzed considered the tribunals through which the pro-as composed of three elements : (1) a command tection of rights or the redress of wrongs may of the lawgiver, which command must prescribe be obtained, and the various mories of procedure not a single act merely, but a series or class of to those ends.

acts ; (2) an obligation imposed thereby on the Lastly, the analysis presents a view of public citizen; (3) a sanction threatened in the event wrongs, or crimes and misdemeanors, in which of disobedience; Benth. Frag. on Gov. ; Austin, may be considered the theory of crime and pun Province, etc.; Maine, Anc. Law. Thus, muni. ishment, the persons capable of committing cipal law is defined as "a rule of civil conduct crimes, the several degrees of guilt of principals prescribed by the supreme power in the state, and accessaries, the various crimes of which the commanding what is right and prohibiting what law takes cognizance, as, those against re- is wrong." 1 Bla. Com. 44. The latter clause ligion, those against the state and its govern- of this definition bas been much criticized. Mr. ment, and those against persons and property, Chitty modifies it to "commanding what shall with the punishment which the law affixes to be done or what shall not be done” (id. note); each, and also the tribunals and precedure by and Mr. Stephen omits it, defining law as

"a which crimes threatened may be prevented, and rule of civil conduet prescribed by the supreme crimes committed may be punished ; Bla. Com. power in a state.” 1 Stephen, Com. 25. It is

In a stricter sense, but still in the abstract, also defined as a rule of conduct contained in the law denotes the aggregate of those rules and command of a sovereign addressed to the subject. principles of conduct which the governing power (Encyc. Brit.) These definitions, though more in a community recognizes as the rules and apt in reference to statutes and edicts than to the principles which it will enforce or sanction, and law in general, seem, even in reference to the according to which it will regulate, limit, or former sort of law, to look rather at the usual protect the conduct of members of the com- form than the invariable essence of the thing. munity.

The principle of law, that a promise without a It is the aggregate of legal rules and princi- consideration is void, neither commands men to ples, as distinguished from any particular rule provide a consideration for every promise nor foror principle. No one statute, nor all statutes, bids them to promise without consideration, for constitute the law of the state ; for the maxims this is lawful ; nor does it forbid them to fulfil of the courts and the regulations of municipal such promises. It simply amounts to this, that bodies, as well as, to some extent, the universal if men choose to break such promises, society wil principles of ethics, go to make up the body of interfere to enforce them. And even many statthe law. It includes principles, which rest in utes have no form of a command or prohibition; the common sense of justice and right, as well and, moreover, some that are such in form are as positive rules or regulations, which rest in not in reality. "An enactment that no action shall ordinance. It is the aggregate of the rules or be brought on a simple contract after the lapse of principles only which the governing power in six years from the time the cause of action acthe community recognizes, because that power, crued cannot aptly be said to command men to whether it be deemed as residing in a monarch, bring actions within six years, por even, in fact, to an aristocracy, or in the people at large, is the forbid them to bring such actions after that time; source of the authority and the sanction of those for it is still lawful to sue on an outlawed derules and principles. It is the aggregate of those mand, and, if the defendant do not object, the rules and principles which are recognized as the plaintiff may succeed. It may be deemed a comlaw by that power, rather than those which are mand in so far as it is a direction to the court to actually enforced in all cases; for a statute is dismiss such actions ; but as a rule of civil connone the less a law because the community for- duct it amounts simply to this, that when an obbear to enforce it, so long as it is officially recog-ligation has become stale to a certain degree, nized by them as that which, in theory at least, society will sanction the debtor in repudiating it. should be enforced ; nor does a departure from the law by the governing power in itself abrogate reference to statutes or expressions of the legis

When used in the concrete, the term usually has

lative will

. “The laws of a state," observes Mr. I lute perpetuity by an express provision forJustice Story, " are more usually understood to bidding any abrogation. But it may well be mean the rules and enactments promulgated by questioned whether one generation has power lished local customs having the force of laws.” to bind their posterity by an irrevocable law. 16 Pet. 18. Hence, he argues, “in the ordinary See this subject discussed by Bentham, use of language it will hardly be contended that Works, vol. 2, 402-407; and see Dwarris, the decisions of courts constitute laws." In the Stat. 479. Civil Code of Louisiana they are defined to be

Municipal law is a system of law proper to " the solemn expression of the legislative will." But, as has already been said, " law” in the ab- any single state, nation, or community. See

MUNICIPAL LAW. stract involves much more. Thus, a reference in a statute to the cases provided by law” includes A penal law is one which inflicts a penalty not only those cases provided by former statutes, for its violation. but also those contemplated by the common or Positive law is the system naturally estabunwritten law ; 18 N. Y. 115.

lished by a community, in distinction from The law of the land, an expression used in natural law. See Positive LAW. Magna Charta and adopted in most of the earlier constitutions of the original states, means, how

Private law is a term used to indicate a ever, something more than the legislative will : statute which relates to private matters which it requires the due and orderly proceeding of do not concern the public at large. justice according to the established methods. A prospective law or statute is one which See DUE PROCESS OF LAW; 8 Gray, 329. When the term law is used to denote enact- ment, and does not affect that which is already

applies only to cases arising after its enactconfined, especially by English writers, to per- past. manent rules of civil conduct, as distinguished A public law is one which affects the pubfrom other acts, such as a divorce act, an appro- lic, either generally or in some classes. priation bill, an estates act. Report of Eng. A retrospective law or statute is one that Stat. L. Com., Mar. 1856.

turns backward to alter that which is past or In the United States, the organic law of a state is termed the constitution, and the term “laws", to affect men in relation to their conduct begenera!ly designates statutes or legislative enact-fore its enactment. These are also called ments, in contradistinction to the constitution. retroactive laws. In general, whenever a See STATUTES.

retroactive statute would take away vested Law, as distinguished from equity, denotes rights or impair the obligation of contracts, the doctrine and procedure of the common law it is in so far void, because opposed to the of England and America, from which equity is constitution of the United States; 3 Dall. a departure.

Distinct courts of equity still exist in New 391. But laws which only vary the remedies, Jersey, Maryland, Kentucky, Delaware, Ten- or merely cure a defect in proceedings othernessee, Mississippi, and Alabama. The judges wise fair, are valid; 10 S. & R. 102, 103; of the common law courts are invested with the 15 id. 72; 2 Pet. 380, 627 ; 8 id. 88; 11 id. powers of a court of chancery in Maine, New 420. See Ex Post Facto. Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Virginia,

For mattters peculiar to the following West Virginia, North Carolina, Georgia, Illinois, classes of laws, see their several titles :Texas, Florida, Michigan, Iowa, Arkansas, and AGRARIAN LAWS; BREHON LAW ; CAOregon. In all the other states the distinction NON Law; Civil Law; Codes; Colobetween law and equity is abolished. Law is also used in contradistinction to fact. TUTIONAL LAW; CONSEUTUDINARY LAW;

NIAL LAW; COMMERCIAL LAW; ConstiQuestions of law are, in general, for the decision of the court; while it is for the jury to pass upon

Corn Laws; CRIMINAL LAWS; CROWN questions of fact.

LAW; ECCLESIASTICAL LAW; EDICTAL In respect to the ground of the authority of Law; Ex Post Facto Laws; Fecial law, it is divided as natural law, or the law of Law; FEUDAL LAW; FOREIGN LAW; nature or of God, and positive law.

GAME LAWS; Gentoo LAW; GREEN Arbitrary law. A law or provision of law CLOTH LAW; 'HindU LAW; INSOLVENCY; so far removed from considerations of abstract Laws of OLERON; MAHOMMEDAN LAW; justice that it is necessarily founded on the MARTIAL LAW; Military Law; RHODIAN mere will of the law-making power, so that it Law; STATUTES OF Wisbuy; is rather a rule established than a principle declared. The principle that an infant shall

See, generally, Maine, Bentham, Austin. not be bound by his contract is not arbitrary;

LAW BORGH. In Old Scotch Law. but the rule that the limit of infancy shall be a pledge or surety for appearance. twenty-one years, not twenty nor twenty-two,

LAW-BURROWS. In Scotch Law. The term is also sometimes used to signify Security for the peaceful behavior of a party of unreasonable law,-one that is in violation security to keep the peace. This process was

much resorted to by the government of All laws which have

Charles II. for political purposes.

LAW COURT OF APPEALS. In limit or termination provided are, in theory, American Law.

An appellate tribunal, defeated by subsequent abrogation. It has lina, for hearing appeals from the courts of perpetual; but the perpetuity is liable to be formerly existing in the state of South Carosometimes been attempted to secure an abso- law.

is arbitrary

of justice.

irrevocable laws. not in their nature or in their language some