Traducciones Juradas de Inglés Sevilla

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V. 1195 VADUM
V
V. As an abbreviation, this letter may stand for "Victoria," "volume," or "verb;" also "vide" (see) and "voce" (word.)
It is also a common abbreviation of "ver­sus," in the titles of causes, and reported cases.
V. O. An abbreviation for "vice-chancel­lor."
V. O. O. An abbreviation for "vice-chan­cellor's court"
V. E. An abbreviation for "venditioni ex­ponas," (g. v.)
V. G. An abbreviation for "veroi gratia,** for the sake of example.
VACANCY. A place which is empty. The term is principally applied to an inter­ruption in the Incumbency of an office.
The term "vacancy" applies not only to an in­terregnum in an existing office, but it aptly and fitly describes the condition of an office when it is. first created, and has been filled by no in­cumbent. Walsh v. Comm., 89 Pa. 426, 33 Am. Rep. 771. And see Collins v. State, 8 Ind. 350; People v. Opel, 188 111. 194, 58 N. B. 996; Gormley v. Taylor, 44 Ga. 76.
VACANT POSSESSION. See Posses­sion.
VACANT SUCCESSION. See Succes­sion.
VACANTIA BONA. Lat. In the civil law. Goods without an owner, or in which no one claims a property; escheated goods. Inst 2, 6, 4; 1 Bl. Comm. 298.
VACATE. To annul; to cancel or re­scind; to#render an act void; as, to vacate an entry of record, or a judgment
VACATIO. Lat In the civil law. Ex­emption; immunity; privilege; dispensation; exemption from the burden of office. Calvin.
VACATION. That period of time be­tween the end of one term of court and the beginning of another. See Von Schmidt v. Widber, 99 Cal. 511, 34 Pac. 109; Conkling v. Ridgely, 112 111. 36, 1 N. E. 261, 54 Am. Rep. 204; Brayman v. Whitcomb, 134 Mass. 525; State v. Derkum, 27 Mo. App. 628.
Vacation also signifies, in ecclesiastical law, that a church or benefice is vacant; e. g., on the death or resignation of the incum­bent, until his successor is appointed. 2 Inst. 359; Phillim. Ecc. Law, 495.
VACATUR. Lat. Let it be vacated. In practice, a rule or order by which a proceed­ing is vacated; a vacating.
VACATURA. An avoidance of an eccle­siastical benefice. Cowell.
VACCABIA. In old English law. A dairy-house. Co. Litt 55.
VACCINATION. Inoculation with vac­cine or the virus of cowpox as a preventive against the smallpox; frequently made com­pulsory by statute. See' Daniel v. Putnam County, 113 Ga. 570, 38 S, E. 980, 54 L. R. A. 292.
VACUA POSSESSIO. Lat The vacant possession, i. e., free and unburdened posses­sion, which (e. g.) a vendor had and has to give to a purchaser of lands.
VACUUS. Lat In the civil law. Emp­ty; void; vacant; unoccupied. Calvin.
VADES. Lat In the civil law. Pledges; sureties; bail; security for the appearance of a defendant or accused person in court Calvin.
VADIARE DUEIXUM. L. Lat In old
English law. To wage or gage the duellum; to wage battel; to give pledges mutually for engaging in the trial by combat
VADIMONIUM. Lat In Roman law. Bail or security; the giving of bail for ap­pearance in court; a recognizance. Calvin.
VADIUM. Lat A pledge; security by pledge, of property. Coggs v. Bernard, 2 Ld Raym.* 913.
—Vadium, mortuum. A mortgage or dead pledge; 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. Comm. 157 —Vadium ponere. To take bail for the appearance or a person in a court of justice. Tomlins.—Vadium vivum. 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 dead pledge, but this was a living pledge, for the prof­its of the land were constantly paying oft the debt Litt § 206; 1 Pow. Mortg. 3; Termes de la Ley; Spect v. Spect, 88 Cal. 437, 26 Pac. 203. 13 L. R. A. 137, 22 Am. St. Rep. 314; O'Neill v. Gray, 39 Hun (N. Y.) 566; Kort-right v. Cady, 21 N. Y. 344, 78 Am. Dec 145.
VADLET. In old English law. The king's eldest son; hence the valet or knave follows the king and queen in a pack of cards. Bar. Obs. St. 344.
VADUM. In old records, a ford, or wad­ing place. Cowell.

VAGABOND
1196 VALUABLE CONSIDERATION

VAGABOND. One that wanders about; and has no certain dwelling; an idle fellow. Jacob.
Vagabonds are described in old English statutes as "such as wake on the night and sleep on the day, and haunt customable tav­erns and ale-houses and routs about; and no man wot from whence they came, nor whith­er they go." 4 Bl. Comm. 169. See Forsyth v. Forsyth, 46 N. J. Eq. 400, 19 Atl. 119; Johnson v. State, 28 Tex. App. 562, 13 S. W. 1005.
Vagabundum nnncnpamni enm qui nnllibi domicilium contraxit habitation nig. We call him a "vagabond" who has ac­quired nowhere a domicile of residence. Phillim. Dom. 23, note.
VAGRANT. A wandering, idle person; a strolling or sturdy beggar. A general term, including, in English law, the several classes of idle and disorderly persons, rogues, and vagabonds, and incorrigible rogues. 4 Steph. Comm. 308, 309.
In American law, the term is variously de­fined by statute but the general meaning is that of an able-bodied person having no visi­ble means of support and who lives idly with­out seeking work, or who is a professional beggar, or roams about from place to place without regular employment or fixed resi­dence ; and in some states the term also in­cludes those who have a fixed habitation and pursue a regular calling but one which is condemned by the law as immoral, such as gambling or prostitution. See In re Jordan, 90 Mich. 3, 50 N. W. 1087; In re Aldermen and Justices of the Peace, 2 Pars. Eq. Cas. v(Pa.) 464; Roberts v. State, 14 Mo. 145, 55 Am. Dec. 97. And see the statutes of the various states.
—Vagrant act. In English law. The stat­ute 5 Geo. IV. c. 83, which is an act for the punishment of idle and disorderly persons. 2 Chit St. 145.
VALE. In Spanish law. A promissory note. White, New Recop. b. 3, tit 7, c. 5, § 3. See Govin v. De Miranda, 140 N. Y. 662, 35 N. E. 628.
Valeat quantum valere potest. It shall tiave effect as far as it can have effect Cowp. 600; 4 Kent Comm. 493; Shep. Touch. 87.
VALEC, VAIiECT, or VADELET. In
old English law. A young gentleman; also a servitor or gentleman of the chamber. Cowell.
VALENTIA. L. Lat The value or price of anything.
VALESHERIA. In old English law. The proving by the kindred of the slain, one on the father's side, and another on that of
the mother, that a man was a Welshman. Wharton.
VALET was anciently a name denoting young gentlemen of rank and family, but afterwards applied to those of lower degree, and is now used for a menial servant more particularly occupied about the person of his employer. Cab. Lawy. 800.-
VALID. Of binding force. A deed, will, or other instrument, which has received all the formalities required by law, is said to be valid.
VALIDITY. This term is used to signify legal sufficiency, in contradistinction to mere regularity. "An official sale, an order, judg­ment, or decree may be regular,—the whole practice in reference to its entry may be cor­rect,—but still invalid, for reasons going be­hind the regularity of its forms." Sharpleigh v. Surdam, 1 Flip. 487, Fed. Cas. No* 12,711.
VALOR BENEFICIORTTM. L. Lat
The value of every ecclesiastical benefice and preferment according to which the first fruits and tenths are collected and paid. It is commonly called the "king's 'books," by which the clergy are at present rated. 2 Steph. Comm. 533; Wharton.
VALOR MARITAGII. Lat Value of the marriage. In feudal law, the guardian in chivalry had the right of tendering to his infant ward a suitable match, without "dis­paragement," (inequality,) which, if the in­fants refused, they forfeited the value of the marriage (valor maritagii) to their guardian; that is, so much as a jury would assess, or any one would boha fide give, to the guardian for such an alliance. 2 Bl. Comm. 70; Litt § 110.
A writ which lay against the ward, on coming of full age, for that he was not mar­ried, by his guardian, for the value of the marriage, and this though no convenient marriage had been offered. Termes de la Ley.
VALUABLE CONSIDERATION. The
distinction between a good, and a valuable consideration is that the former consists of blood, or of natural love and affection; as when a man grants an estate to a near rela­tion from motives of generosity, prudence, and natural duty; and the latter consists of such a consideration as money, marriage which is to follow, or the like, which the law esteems an equivalent given for the grant 2 Bl. Comm. 297.
A valuable consideration is a thing of value parted with, or a new obligation assumed, at the time of obtaining a thing, which is a sub­stantial compensation for that which is od» tained thereby. It is also called simply "val­ue." Civ. Code Dak. § 212L

VALUATION
1197
VAVASORY

VALUATION. The act of ascertaining the worth of a thing. The estimated worth of a thing. See Lowensteih v. Schiffer, 38 App. Div. 178, 56 N. Y. Supp. 674; State v. Central Pac. R. Co., 7 Nev. 104; Sergeant v. Dwyer, 44 Minn. 309, 46 N. W. 444.
VALUATION LIST. In English law. A list of all the ratable hereditaments in a par­ish, showing the names of the occupier, the owner, the property, the extent of the prop­erty, the gross estimated rental, and the ratable value; prepared by the overseers of each parish in a union under section 14 of the union assessment committee act, 1862, (St 25 & 26 Vict c. 103,) for the purposes of the poor rate. Wharton.
VALUE. The utility of an object in sat­isfying, directly or indirectly, the needs or desires of human beings, called by economists "value in use;" or its worth consisting in the power of purchasing other objects, called "value in exchange." Also the estimated or appraised worth of any object of property, calculated in money.
The term is also often used as an abbrevia­tion for "valuable consideration," especially in the phrases "purchaser for value," "holder for value," etc.
—Value received. A phrase usually employ­ed in a bill of exchange or promissory note, to denote that a consideration has been given for it
VALUED POLICY. A policy is called ?"valued," when the parties, having agreed upon the value of the interest insured, in or­der to save the necessity of further proof have inserted the valuation in the policy, in the nature of liquidated damages. 1 Duer, Ins. 97.
VALUER. A person whose business is to appraise or set a value upon property.
VALVASORS, or VTDAMES. An obso­lete title of dignity next to a peer. 2 Inst 667; 2 Steph. Comm. 612.
Vana est ilia potentia quae nnnqnam ?enit in actum. That power is vain [idle or useless] which never comes into action, {which is never exercised.] 2 CJoke, 51.
Van! timores sunt aestimandi, qui non «adunt in oonstantem virum. Those are to be regarded as idle fears which do not af­fect a steady [firm or resolute] man. 7 Coke, 27.
Vani timoris justa excusatto non est.
A frivolous fear is not a legal excuse. Dig. 50,17, 184; '2 Inst 483.
VANTARIUS. L. Let In old records. ? fore-footman. Spelman; CowelL
VARA. A Spanish-American measure of length, equal to 33 English inches or a trifle more or less, varying according to local us­age. See U. S. v. Perot 98 U. S. 428, 25 L. Ed. 251.
VARDA. In old Scotch law. Ward; custody; guardianship. Answering to "war-da," in old English law. Spelman.
VARENNA. In old Scotch law. A war­ren. Answering to "warenna," in old Eng­lish law. Spelman.
VARIANCE. In pleading and practice. A discrepancy or disagreement between two instruments or two steps in the same cause, which ought by law to be entirely consonant Thus, if the evidence adduced by the plain­tiff does not agree with the allegations of his declaration, it is a variance; and so if the statement of the cause of action in the dec­laration does not coincide with that given in the writ See Keiser v. Topping, 72 111. 229; Mulligan v. U. S., 120 Fed. 98, 56 C. C. A. 50; Bank of New Brunswick v. Arrowsmith, 9 N. X Law, 287; Skinner v. Grant, 12 Vt 462; State v. Wadsworth, 30 Conn. 57.
VARRANTIZATIO. In old Scotch law. Warranty.
VAS. Lat. In the civil law. A pledge; a surety; bail or surety in a criminal pro­ceeding or civil action. Calvin.
VASECTOMY. The operation of castra­tion as performed by section (cutting) of the vas deferens or spermatic cord; sometimes proposed as an inhibitory punishment for rapists and other criminals.
VASSAL. In feudal law. A feudal ten­ant or grantee; a feudatory; the holder of a fief on a feudal tenure, and by the obliga­tion of performing feudal services. The cor­relative term was "lord."
VASSALAGE. The state or condition of a vassal.
VASSELERIA. The tenure or holding of a vassal. Cowell.
VASTUM. L. Lat A waste or common lying open to the cattle of all tenants who have a right of commoning. Cowell.
—Vastum forestse vel bosci. In old rec­ords. Waste of a forest or wood. That part of a forest or wood wherein the trees and under­wood were so destroyed that it lay in a manner waste and barren. Paroch. Antiq. 351, 497; Cowell.
VAUDERIE, In old European law. Sor­cery ; witchcraft; the profession of the Vau-dois.
VAVASORY. The lands that a vavasour held. CowelL

VAVASOUR
1198 VENDITIONI EXPONAS

VAVASOUR. One who was in dignity next to a baron. Britt 109; Bract lib. 1, c & One who held of a baron. Enc. Brit
VEAL-MONEY. The tenants of the man­or of Bradford, in the county of Wilts, paid a yearly rent by this name to their lord, in lieu of veal paid formerly in kind. Whar­ton.
VJSCORIN. In old Lombardic law. The offense of stopping one on the way; fore­stalling. Spelman.
VECTIGAL JUDICIARIUM. Lat
Fines paid to the crown to defray the ex­penses of maintaining courts of justice. 3 Salk. 3a
Vectigal, origine ipsa, jn» Csesarum et regum patrimoniale eat. Dav. 12. Tribute, in its origin, is the patrimonial right of emperors and kings.
VECTIGALIA. In Roman law. Cus­toms-duties ; taxes paid upon the importation or exportation of certain kinds of merchan­dise. Cod. 4, 61.
VECTURA. In maritime law. Freight
VEHICLE. The word "vehicle" includes every description of carriage or other artifi­cial contrivance used, or capable of being used, as a means of transportation on land. Rev. St D. S. § 4 (U. S. Comp. St 1901, P. 4).
VEHMGERICHT. See Fehmgebicht.
VEIES. L. Fr. Distresses forbidden to be replevied; the refusing to let the owner have his cattle which were distrained. Kel-ham.
VEIN. In mining law. A body of min­eral or mineralized rock, filling a seam or fissure in the earth's crust, within defined boundaries in the general mass of the moun­tain, and having a general character of con­tinuity in the direction of its length. See Iron Silver Min. Co. v. Cheesman, 116 U. S. 529, 6 Sup. Ot 481, 29 L. Ed. 712; U. S. v. Iron Silver Min. Co.', 128 U. S. 673, 9 Sup. Ct 195, 32 L. Ed. 571; Stinchfield v. Gillis, 96 Cal. 33, 30 Pac. 839; Synnott v. Shaugh-nessy, 2 Idaho (Hasb.) 122, 7 Pac. 82; Beals v. Cone, 27 Colo. 473, 62 Pac. 948, 83 Am. St Rep. 92; Waterloo Min. Co. v. Doe, 82 Fed. 51, 27 C. C. A. 50; Consolidated, etc., Min. Co. v. Champion Min. Co. (C. C.) 63 Fed. 544.
VEJOURS. Viewers; persons sent by the court to take a view of any place in ques­tion, for the better decision of the right. It signifies, also, such as are sent to view those that essoin themselves de malo lecti, (i. e, excuse themselves on ground of illness)
whether they be in truth so sick as that tbef cannot appear, or whether they do counter­feit CowelL
VELABRUM. In old English law. ? toll-booth. Cro. Jac. 122.
VELITIS JUBEATIS QUIRITES? Lat.
Is it your will and pleasure, Romans? Tht form of proposing a law to the Roman peo-' pie. Tayl. Civil Law, 155.
Velle non creditur qui obsequitur iat-perio patris vel domixd. He is not pre*
sumed to consent who obeys the orders of his father or his master. Dig. 50, 17, 4.
VELTRARIA. The office of dog-leader, or courser. Oowell.
VELTRARIUS. One who leads grey­hounds. Blount
VENAL. Something that is bought; ca­pable of being bought; offered for sale;, mer­cenary. Used in an evil sense, such pur­chase or sale being regarded as corrupt and illegal.
VENARIA. Beasts caught in the wood* by hunting.
VENATIO. Hunting. CowelL
VEND. To sell; to transfer the owner­ship of an article to another for a price in money. The term is not commonly applied to the sale of real estate, although its deriva­tives "vendor" and "vendee" are.
VENDEE. A purchaser or buyer; one to whom anything is sold. Generally used of the transferee of real property, one who ac­quires chattels by sale being called a "buy­er."
Vendens eandem rem duobus £alsarivs est. He is fraudulent who sells the same thing twice. Jenk. Cent 107.
VENDIBLE. Fit or suitable to be sold; capable of transfer by sale; merchantable.
VENDIT^. In old European law. A tax upon things sold in markets and public fairs. Spelman.
VENDITIO. Lat In the civil law. In a strict sense, sale; the act of selling; the con­tract of sale, otherwise called "emptio ven-ditto." Inst 3, 24. Calvin.
In a large sense. Any mode or species of alienation; any contract by which the property or ownership of a thing may be transferred. Id.
VENDITION. Sale; the act of selling.
VENDITIONI EXPONAS. Lat You
expose to sale. This is the name of a writ

VENDITOR
1199
VENTE

of execution, requiring a sale to be made, directed to a sheriff when he has levied upon goods under a fieri facias, but returned that they remained unsold for want of buy­ers ; and in some jurisdictions it is issued to cause a sale to be made of lands, seized un­der a former writ, after they have been condemned or passed upon by an inquisition. Frequently abbreviated to "vend, ex." See Beebe v. U. S., 161 U. S. 104, 16 Sup. Ct. 532, 40 L. Ed. 633; Borden v. Tillman, 39 Tex. 273; Ritchie v. Higglnbotham, 26 Kan. 64a
VENDITOR. Lat A seller; a vendor. Inst. 3, 24; Bract fol. 41.
—Venditor regis. In old English law. The king's seller or salesman; the person who ex­posed to sale those goods and chattels which were seized or distrained to answer any debt due to the king. Cowell.
VENDITRIX. Lat. A female vendor. Cod. 4, 51, 3.
VENDOR. The person who transfers property by sale, particularly real estate, "seller" being more commonly used for one who sells personalty.
He Is the vendor who negotiates the sale, and becomes the recipient of the considera­tion, though the title comes to the vendee from another source, and not from the ven­dor. Rutland v. Brister, 53 Miss. 685.
—Vendor and purchaser act. The act of
37 & 38 Vict. c. 78, which substitutes forty for sixty years as the root of title, and amends in other ways the law of vendor and purchaser. Mozley & Whitley.—Vendor's lien. A lien for purchase money remaining unpaid, allowed in equity to the vendor of land, when the state­ment of receipt of the price in the deed is not in accordance with the fact. Also, a lien exist­ing dn the unpaid vendor of chattels, the same remaining in his hands, to the extent of the purchase price, where the sale was for cash, or on a term of credit which has expired, or on an agreement by which the seller is to retain possession. See Morgan v. Dalrymple, 59 N. J. Eq. 22, 46 Atl 664; Lee v. Murphy, 119 Gal. 364, 51 Pac. 549; Graham v. Moffett, 119 Mich. 303, 78 N. W. 132, 75 Am. St. Rep. 393; <3essner v. Palmateer. 89 Cal. 89, 26 Pao. 789, 13 L. R. A. 187; Blomstrom v. Dux, 175 111. 435, 51 N. E. 755; Tiernan v. Beam, 2 Ohio, 388, 15 Am. Dec. 557; Warford v. Hankins, 150 Ind. 489, 50 N. E. 468; Slidp & Spur Gold Mines v. Seymour, 153 U. S. 509, 14 Sup. Ct 842, 38 L. Ed. 802.
VENDUE. A sale; generally a sale at public auction; and more particularly a sale so made under authority of law, as by a con­stable, sheriff, tax collector, administrator, «tc,
VENDUE MASTER. An auctioneer.
VENIA. A kneeling or low prostration ?on the ground by penitents; pardon.
VENIA 2ETATIS. A privilege granted by a prince or sovereign, in virtue of which
a person Is entitled to act, mi juris, as if he were of full age. Story, Confl. Laws, § 74.
Venise facilitas incentivum est delin-quendi. 3 Inst. 236. Facility of pardon Is an Incentive to crime.
VENIRE. Lat To come; to appear in court This word is sometimes used as the name of the writ for summoning a jury, more commonly called a "venire facias."
VENIRE FACIAS. Lat. In practice. A judicial writ, directed to the sheriff of the county in which a cause is to be tried, com­manding him that he "cause to come" before the court, on a certain day therein mention­ed, twelve good and lawful men of the body of his county, qualified according to law, by whom the truth of the matter may be the better known, and who are In no wise of kin either to the plaintiff or to the defend­ant, to make a jury of the country between the parties in the action, because as well the plaintiff as the defendant between whom the matter in variance Is, have put them­selves upon that jury, and that he return the names of the jurors, etc. 2 Tidd, Pr. 777, 778; 3 Bl. Comm. 352.
—Venire facias ad respondendum. A writ to summon a person, against whom an indict­ment for a misdemeanor has been found, to ap­pear and be arraigned for the offense. A jus­tice's warrant is now more commonly used. Archb. Crim. PI. 81; Sweet.—Venire facias de novo. A fresh or new venire, which the court grants when there has been some im­propriety or irregularity in returning the jury. or where the verdict is so imperfect or ambig­uous that no judgment can be given upon it, or where a judgment is reversed on error, and a new trial awarded. See Bosseker v. Cramer. 18 Ind. 44: Maxwell v. Wright, 160 Ind. 515, 67 N. E. 267— Venire facias jnratores was a judicial writ directed to the sheriff, when is­sue was joined in an action, commanding him to cause to come to Westminster, on such a day, twelve free and lawful men of his county by whom the truth of the matter at issue might be better known. This writ was abolished by section 104 of the common-law procedure act, 1852, and by section 105 a precept issued by the judges of assize is substituted in its place. The process so substituted is sometimes loose­ly spoken of as a "venire." Brown—Venire facias tot matronal. A writ to summon a jury of matrons to execute the writ de ventre inspiciendo.
VENIREMAN. A member of a panel of Jurors; a juror summoned by a writ of ve­nire facias.
VENIT ET DEFENDIT. L. Lat. In old pleading. Comes and defends. The proper words of appearance and defense In an ac­tion. 1 Ld. Raym. 117.
VENIT ET DICIT. Lat. In old plead­ing. Comes and says. 2 Salk. 544.
VENTE. In French law. Sale; contract of sale.
—Vente a remere. A conditional sale, in which the seller reserves the right to redeem or repurchase at the same price.

VENTER, VENTRE 1200 VERBA ILLATA
VENTER, VENTRE. The belly or womb. The term is used in law as designat­ing the maternal parentage of children. Thus, where in ordinary phraseology we should say that A. was B.'s child by his first wife, he would be described in law as "by the first venter." Brown.
VENTRE INSPICIENDO. In old Eng­lish law. A writ that lay for an heir pre­sumptive, to cause an examination to be made of the widow in order to determine whether she were pregnant or not, in cases where she was suspected of a design to bring forward a suppositious heir. 1 Bl. Comm. 456.
VENUE. In pleading and practice. A neighborhood; the neighborhood, place, or county in which an injury is declared to have been done, or fact declared to have hap­pened. 3 Bl. Comm. 294.
Venue also denotes the county in which an action or prosecution is brought for trial, and which is to furnish the panel of jurors. To "change the venue" is to transfer the cause for trial to another county or district. See Moore v. Gardner, 5 How. P*ac. (N. Y.) 243; Armstrong v. Emmet, 16 Tex. Civ. App. 242, 41 S. W. 87; Sullivan v. Hall, 86 Mich. 7, 48 N. W. 646, 13 L. R. A. 556; State v. McKinney, 5 Nev. 198.
In the common-law practice, the venue is that part of the declaration in an action which designates the county in which the ac­tion is to be tried. Sweet.
—Local venue. In pleading. A venue which must be laid in a particular county. When the action could have arisen only in a particular county, it is local, and the venue must be laid in that county. 1 Tidd, Pr. 427.
VERAY. L. Fr. True. An old form of vrai. Thus, veray, or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the man­ner, (g. v.,) with this difference only: that the fee-simple, instead of remaining in the lord, is given by him or by the law to an­other. Ham. N. P. 393, 394.
VERBA. Lat. (Plural of verbum.) Words.
—Verba cancellarise. Words of the chan­cery. The technical style of writs framed m the office of chancery. Fleta, lib. 4, c. 10, § 3. —Verba precaria. In the civil law. Preca­tory words; words of trust, or used to create a trust.
Verba accipienda sunt emu effectn, ut sortiantnr effectnm. Words are to be received with effect, so that they may pro­duce effect. Bac. Max.
Verba accipienda sunt secundum sub-jectam materiam. 6 Coke, 62. Words are to be understood with reference to the subject-matter.
Verba aequivoca, ac in dnbio sensm posita, intelliguntur digniori et potem-tiori sensn. Equivocal words, and such as are put in a doubtful sense, are [to be] un­derstood in the more worthy and effectual sense. 6 Coke, 20a.
Verba aliqnid operari debent; debent intelligi nt aliqnid operentnr. 8 Coke,
94. Words ought to have some operation; they ought to be interpreted in such a way as to have some operation.
Verba artis ex arte. Terms of art should be explained from the art. 2 Kent, Comm. 556, note.
Verba chartarum fortius accipiuntur contra proferentem. The words of char­ters are to be received more strongly against the grantor. Co. Litt. 36; Broom, Max. 594.
Verba cum effectn accipienda snnt.
Bac. Max. 3. Words ought to be used so as to give them their effect.
Verba cnrrentis monetae, tempns so­lutionis designant. Dav. 20. The words "current money" designate current at th» time of payment
Verba debent intelligi cum effectn, nt res magis valeat quam pereat. Words ought to be understood with effect, that a thing may rather be preserved than destroy* ed. 2 Smith, Lead. Cas. 530.
Verba debent intelligi nt aliqnid ope­rentnr. Words ought to be understood so as to have some operation. 8 Coke, 94a.
Verba dicta de persona intelligi de­bent de conditione personse. Words spok­en of a person are to be understood of the condition of the person. 2 Rolle, 72.
Verba fortius accipiuntur contra pro­ferentem. Words are to be taken most strongly against him who uses them. Bac. Max. 11, reg. 3.
Verba generalia generaliter sunt in-telligenda. 3 Inst. 76. General words are to be generally understood.
Verba generalia restringnntur ad ha-bilitatem rei vel aptitudinexn personse.
General words must be narrowed either to the nature of the subject-matter or to the aptitude of the person. Broom, Max. 646.
Verba illata (relata) inesse ridentnr.
Words'referred to are to be considered as if incorporated. Broom, Max. 674, 677; 11 Mees. & W. 183.

VERBA IN DIFFERENTI 1201
VERBAL

Verba In different! materia per prius, non per postering, intelligenda sunt.
Words on a different subject are to be un­derstood by what precedes, not by what comes after. A maxim of the civil law. Cal­vin.
Verba intelligenda rant in easn pos-sibili. Words are to be understood in [of] a possible case. A maxim of the civil law. Calvin.
Verba intention!, non e contra, de-bent inservire. 8 Coke, 94. Words ought to be made subservient to the intent, not the intent to the words.
Verba ita sunt intelligenda, nt res magis valeat quam pereat. The words [of an instrument] are to be so understood, that the subject-matter may rather be of force than perish, [rather be preserved than destroyed; or, in other words, that the in­strument may have effect, if possible.] Bac. Max. 17, in reg. 3; Plowd. 156; 2 Bl. Comxn. 380; 2 Kent, Oomm. 555.
Verba mere sequivoca, si per commu-nem usnm loqnendi in intellectn certo snmmnntur, talis intellectns prasferem-dus est. [In the case of] words merely equivocal, if they are taken by the common usage of speech in a certain sense, such sense is to be preferred. A maxim of the civil law. Calvin.
Verba nihil operari melius est quant absurde. It is better that words should have no operation at all than [that they should operate] absurdly. A maxim of the civil law. Calvin.
Verba non tarn intuenda, quant causa et natura rei, nt mens contrabentinm ex eis potius quam ex verbis appareat. The
words [of a contract] are not so much to be looked at as the cause and nature of the thing, [which is the subject of it,] in order that the intention of the contracting parties may appear rather from them than from the words. Calvin.
Verba offendi possunt, into ab eis re-cedere licet, ut verba ad sanum intellec-tum redncantnr. Words may be opposed, [taken in a contrary sense,] nay, we may dis­regard them altogether, in order that the [general] words [of an instrument] may be restored to a sound meaning. A maxim of the civilians. Calvin.
Verba ordinationis quando verificari possnnt in sua vera significatione, trahi ad extraneum intellectnnt non debent.
When the words of an ordinance can be car­ried into effect in their own true meaning, BlLaw Dict.(2d Ed.}—76
they ought not to be drawn to a foreign in­tendment. A maxim of the civilians. Cal­vin.
Verba posteriora propter certitudinem addita, ad priora quae certitndine indi­gent, sunt referenda. Subsequent words, added for the purpose of certainty, are to be referred to the preceding words which re­quire the certainty. Wing. Max. 167, max. 53; Broom, Max. 586.
Verba pro re et subjecta materia ac-cipi debent. Words ought to be understood In favor of the thing and subject-matter. A maxim of the civilians. Calvin.
Verba quae aliquid operari possunt non debent esse superflna. Words which can have any kind of operation ought not to be [considered] superfluous. Calvin.
Verba, quantumvis generalia, ad apti-tudinent restringantur, etiamsi nullant aliant paterentur restrictionem. Words, howsoever general, are restrained to fitness, (t. e., to harmonize with the subject-matter,) though they would bear no other restriction. Spiegelius.
Verba relata boo maxime operantur per referentiam, nt in eis inesse viden-tnr. Related words [words connected with others by reference] have this particular operation by the reference, that they are considered as being inserted in those [clauses which refer to them.] Co. Litt. 96, 359a. Words to which reference is made in an in­strument have the same effect and operation as if they were inserted in the clauses re­ferring to them. Broom, Max. 673.
Verba secundum materiant subjectam intelligi nemo est qui nesciat. There is no one who does not know that words are to-be understood according to their subject-matter. Calvin.
Verba semper accipienda sunt in miti-ori sensn. Words are always to be taken in the milder sense. 4 Coke, 13a.
Verba strictse signiflcationis ad latant extendi possunt, si subsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calvin.
Verba sunt indices animi. Words are the indices or indicators of the mind or thought Latch, 106.
VERBAL. Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed, or not executed with the formalities required for a deed

VERBAL 1
or prescribed by statute In particular cases. Musgrove v. Jackson, 59 Miss. 390.
—Verbal note. A memorandum or note, in diplomacy, 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 is not required; and, on the other hand, to guard against the supposition that it is forgotten, or that there is an inten­tion of not prosecuting it any further. Whar­ton.—Verbal process. In Louisiana. Process verbal, (q. v.)
Verbis itandum ubi nulla ambiguitas.
One must abide by the words where there is no ambiguity. Tray. Lat Max. 612.
Verbum imperfect! temporis rem ad-hue imperfectam signincat. The imper­fect tense of the verb indicates an incomplete matter. Mactier v. Frith, 6 Wend. (N. Y.) 103, 120, 21 Am. Dec. 262.
VERDEROR. An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of trespasses of vert and veni­son in the forest Manw. c. 6, § 5.
VERDICT. In practice. The formal and unanimous decision or finding of a jury, im­paneled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the trial.
The word "verdict" has a well-defined signi­fication in law. It means the decision of a jury, and it never means the decision ot a court or a referee or a commissioner. In common lan­guage, the word "verdict" is sometimes used in a more extended sense, but in law it is always used to mean the decision of a jury; and we must suppose that the legislature intended to use the word as it is used in law. Kerner v. Petigo, 25 Kan. 656.
—Adverse verdict. Where a party, appealing from an allowance of damages by commission­ers, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such verdict is adverse to him, wathin the meaning of his undertaking to pay costs if the verdict should be adverse to him. Hamblin v. Barnstable County, 16 Gray (Mass.) 256.— False verdict. An untrue verdict Formerly, if a jury gave a false verdict, the party injur-,ed by it might sue out and prosecute a writ of attaint against them, either at common law or on the statute 11 Hen. VII. c. 24, at his election, for the purpose of reversing the judg­ment and punishing the jury for their verdict; but not where the jury erred merely in point of law, if they found according to the judge's di­rection. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attaints that there is no instance of one to be found in the books of reports later than in the time of Elizabeth, and it was alto­gether abolished by 6 Geo. IV. c 50, § 60. Wharton.—General verdict. A verdict where­by the jury find either for the plaintiff or for the defendant in general terms; the ordinary form of a verdict Glenn v. Sumner, 132 U. S. 152, 10 Sup. Ct 41, 33 L. Ed. 301; Settle v. Alison, 8 Ga. 201, 52 Am. Dec. 393; Childs v. Carpenter, 87 Me. 114, 32 Atl. 780.—Open ver­dict. A verdict of a coroner's jury which finds that the subject "came to his death by means to the jury unknown," or "came to his death at the hands of a person or persons to the jury un-
)2 VERGERS
known," that is, one which leaves open either the question whether any crime was committed or the identity of the criminal.—Partial ver­dict. In criminal law, a verdict by which the jury acquit the defendant as to a part of the accusation and find him guilty as to the residue. State v. McGee, 55 S. C. 247, 33 S. E. 353, 74 Am. St Rep. 741; U. S. v. Watkins, 28 Fed. Gas. 419.—Privy verdict. One given after the judge has left or adjourned the court and the jury, being agreed, in order to be delivered from their confinement obtain leave to give their ver­dict privily to the judge out of court Such a verdict is of no force unless afterwards affirmed by a public verdict given openly in court This practice is now superseded by that of render­ing a sealed verdict See Young v. Seymour, 4 Neb. 89.—Public verdict. A verdict openly delivered by the jury in court. Withee v. Rowe,. 45 Me. 571.—Quotient verdict. A money ver­dict the amount of which is fixed by the follow­ing process: Each juror writes down the sum he wishes to award by the verdict and these amounts are all added together, and the total is divided by twelve, (the number of jurors,) and the quotient stands as the verdict of the jury by their agreement. See Hamilton v. Owego Water Works, 22 App. Div. 573, 48 N. Y. Supp. 106; Moses v. Railroad Co., 3 Misc. Rep. 322, 23 N. Y. Supp. 23.—Sealed verdict. See Sealed.—Special verdict. A special finding of the facts of a case by a jury, leaving to the court the application of the law to the facts thus found. 1 Archb. Pr. K. B. 213; 3 Bl. Coram. 377; Statler v. U. S., 157 U. S. 277, 15 Sup. Ct. 616, 39 L. Ed. 700; Day v. Webb, 28 Conn. 144; Wallingford v. Dunlap, 14 Pa. 32: McCormick v. Royal Ins. Co., 163 Pa. 184, 29 Atl. 747.—Verdict subject to opinion of court. A verdict returned by the jury, the entry of judgment upon whdch is subject to the determination of points of law reserved by the court upon the trial.
VEBEBOT. Sax. In old records. A packet-boat or transport vessel. Cowell.
VEREDICTUM. L. Lat In old English law. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial.
Veredictum, quasi dictum veritatis; ut judicium quasi juris dictum. Co. Litt 226. The verdict is, as it were, the dictum of truth; as the judgment is the dictum of law.
VERGE, or VIRGE. In English law. The compass of the royal court, which bounds the jurisdiction of the lord steward of the household; it seems to have been twelve miles about. Britt. 68. A quantity of land from fifteen to thirty acres. 28 Edw. I. Al­so a stick, or rod, whereby one is admitted tenant to a copyhold estate. Old Nat Brev. 17.
VERGEIiT. In Saxon law. A mulct or fine for a crime. See Webegjxd.
VERGENS AD INOPIAM. L. Lat In
Scotch law. Verging towards poverty; in declining circumstances. 2 Karnes, Eq. 8.
VERGERS. In English law. Officers who carry white wands before the justices of either bench. Cowell. Mentioned in

VERIFICATION
1203
VEST

Fleta, as officers of the king's court, who op­pressed the people by demanding exorbitant fees. Fleta, lib. 2, c 38.
VERIFICATION. In pleading. A cer­tain formula with which all pleadings con­taining new affirmative matter must con­clude, being in itself an averment that the party pleading is ready to establish the truth of what he has set forth.
In practice. The examination of a writ­ing for the purpose of ascertaining its truth; or a certificate or affidavit that it is true.
"Verification" is not identical with "auttien-tication." A notary may verify a mortgagee's written statement of the actual amount of his claim, but need not authenticate the act by his seal. Ashley v. Wright, 19 Ohio St. 291.
Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. See McDonald v. Rosengarten, 134 111. 126, 25 N. E. 429; Summerfield v. Phoenix Assur. Co. (C. O.) 65 Fed. 296; Patterson v. Brook­lyn, 6 App. Div. 127, 40 N. Y. Supp. 581.
VERIFY. To confirm or substantiate by oath; to show to be true. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers.
The word "verify" sometimes means to confirm and substantiate by oath, and some­times by argument When used in legal proceedings it is generally employed in the former sense. De Witt v. Hosmer, 3 How. Prac. (N. Y.) 284.
Veritas, a quocunque dicitur, a Deo est. 4 Inst. 153. Truth, by whomsoever pronounced, is from God.
Veritas demonstrationis tollit errorem nominis. The truth of the description re­moves an error in the name. 1 Ld. Raym. 303.
Veritas habenda est in juratore; jus-titia et jndicinm in judice. Truth is the desideratum in a juror; justice and judg­ment in a judge. Bract, fol. 1856.
Veritas nihil veretur nisi abscond!.
Truth fears nothing but to be hid. 9 Coke, 206.
Veritas nimium altercando amittitur.
Truth is lost by excessive altercation. Hob. 344.
Veritas, quae minime defensatnr op-primitur; et qni non improbat, appro-bat. 3 Inst. 27. Truth which is not suffi­ciently defended is overpowered; and he who does not disapprove, approves.
Veritatem qni non libere pronnnciat proditor est veritatis. 4 Inst. Epil. He who does not freely speak the truth is a be­trayer of truth.
VERITY. Truth; truthfulness; conform­ity to fact. The records of a court "import uncontrollable verity." 1 Black, Judgm. J 276.
VERNA. Lat In the civil law. A slaYe born in his master's house.
VERSARI. Lat. In the civil law. To be employed; to be conversant. Versari male in tutela, to misconduct one's self in a guardianship. Calvin.
VERSUS. Lat. Against. In the title of a cause, the name of the plaintiff is put first, followed by the word "versm," then the defendant's name. Thus, "Fletcher versus Peck," or "Fletcher against Peck." The word is commonly abbreviated "vs." or "v."
VERT. Everything bearing green leaves in a forest.
Also that power which a man has, by royal grant, to cut green wood in a forest.
Also, in heraldry, green color, called "ve-nus" in the arms of princes, and "emerald" in those of peers, and expressed in engrav­ings by lines in bend. Wharton.
VERUS. Lat. True; truthful; gen­uine; actual; real; just.
VERY LORD AND VERY TENANT.
They that are immediate lord and tenant one to another. Cowell.
VESSEL. A ship, brig, sloop, or other craft used in navigation. The word is more comprehensive than "ship."
The word "vessel" includes every descrip­tion of water-craft or other artificial contriv­ances used, or capable of being used, as a means of transportation on water. Rev. St. U. S. § 3 (U. S. Comp. St 1901, p. 4).
"Vessel," in the provision of the code of Louisiana that commercial partners are those who are engaged in "carrying personal prop­erty for hire in ships or other vessels," means any structure which is made to float upon the water, for purposes of commerce or war, whether impelled by wind, steam, or oars. Chaffe v. Ludeling, 27 La. Ann. 607.
—Foreign vessel. A vessel owned by resi­dents in, or sailing under the flag of, a foreign nation. "Foreign vessel," under the embargo act of January, 1808, means a vessel under the flag of a foreign power, and not a vessel in which foreigners domiciled in the United States have an interest. The Sally, 1 Gall. 58, Fed. Cas. No. 12,257.—Public vessel. One owned and used by a nation or government for its public service, whether in its navy, its reve­nue service, or otherwise.
VEST. To accrue to; to be fixed; to take effect; to give a fixed and indefeasible right 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

VEST
1204 VET1TUM NAMIUM

present fixed right of future enjoyment Fearne, Rem. 2.
To clothe with possession; to deliver full possession of land or of an estate; to give seisin; to enfeoff. Spelman.
VESTA. The crop on the ground. Cow-ell.
VESTED. Accrued; fixed; settled; ab­solute; having the character or giving the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. See Scott v. West, 63 Wis. 529, 24 N. W. 161; McGillis v. McGillis, 11 App. Div. 359, 42 N. Y. Supp. 924; Smith v. Pros-key, 39 Misc. Rep. 385, 79 N. Y. Supp. 851.
—Vested devise. See Devise.—Vested es­tate. Any estate, property, or interest is call­ed "vested," whether in possession or not, which is not subject to any condition precedent and unperformed. The interest may be either a pres­ent and immediate interest, or it may be a fu­ture but uncontingent, and therefore transmis­sible, interest. Brown. See Tayloe v. Gould, 10 Barb. (N. Y.) 388 ; Flanner v. Fellows, 206 111. 136, 68 N. E. 1057; Tindall v. Tindall, 167 Mo. 218, 66 S. W. 1092 ; Ward v. Edge, 100 Ky. 757, 39 S. W. 440.—Vested in interest. A legal term applied to a present fixed right of future enjoyment; as reversions, vested remainders, such executory devises, tuture uses, conditional limitations, and other future interests as are not referred to, or made to depend on, a pe­riod or event that is uncertain. Wharton. See Smith v. West, 103 111. 337 ; Hawley v. James, 5 Paige (N. Y.) 466; Gates v. Seibert, 157 Mo. 254, 57 S. W. 1065, 80 Am. St Rep. 625.— Vested in possession. A legal term applied to a right of present enjoyment actually exist­ing—Vested interest. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or prece­dent interest. Civil Code Cal. § 694. See Al­lison v. Allison, 101 Va. 537, 44 S. E. 904, 63 L. R. A. 920; Hawkins v. Bohling, 168 111. 214, 48 N. p. 94; Stewart v. Harnman, 56 N. H. 25, 22 Am. Rep. 408; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 L. R. A. 690.— Vested legacy. A legacy is said to be vested when the words of the testator making the be­quest convey a transmissible interest, whether present or future, to the legatee in the legacy. Thus a legacy to one to be paid when he at­tains the age of twenty-one years is a vested legacy, because it is given unconditionally and absolutely, and therefore vests an immediate in­terest in the legatee, of which the enjoyment only is deferred or postponed. Brown. See Magoffin v. Patton, 4 Rawle (Pa.) 113; Tal-madge v. Seaman, 85 Hun, 242, 32 N. Y. Supp. 906; Rubencane v. McKee, 6 Del. Ch. 40, 6 Atl. 639.—Vested remainder. See Remain-dee.—Vested rights. In constitutional law. Rights which have so completely and definitely accrued to or settled in a person that they are not subject to be defeated or canceled by the act of any other private person, and which it is right and equitable that the government should recognize and protect as being lawful in them­selves, and settled according to the then cur­rent rules of law, and of which the individual could not be deprived arbitrarily without injus­tice, or of which he could not justly be deprived otherwise than by the established methods of procedure and for the public welfare. See Cas-sard v. Tracy, 52 La. Ann. 835, 27 South. 368, 49 L. R. A. 272; Stimson Land Co. y. Rawson
(O. C.) 62 Fed. 429; Grinder v. Nelson, 9 Gill. (Md.) 309, 52 Am. Dec. 694; Moore y. State, 43 i$. J. Law, 243, 39 Am. Rep. 558.
VESTIGIUM. Lat. In the law of evi­dence, a vestige, mark, or sign; a trace, track, or impression left by a physical object Fleta, 1.1, c 25, § 6.
VESTING ORDER. In English law. An order which may be granted by the chancery division of the high court of justice, (and formerly by chancery,) passing the legal es­tate in lieu of a conveyance. Commissioners also, under modern statutes, have similar powers. St 15 & 16 Vict c. 55; Wharton.
VESTRY. In ecclesiastical law. The place in a church where the priest's vestures are deposited. Also an assembly of the min­ister, church-wardens, and parishioners, usu­ally held in the vestry of the church, or in a building called a "vestry-hall," to act upon business of the church. Mozley & Whitley.
—Vestry cess. A rate levied in Ireland for parochial purposes, abolished by St. 27 Vict. c. 17.—Vestry-clerk. An officer appointed to attend vestries, and take an account of their proceedings, etc.—Vestry-men. A select num­ber of parishioners elected in large and popu­lous parishes to take care of the concerns of the parish; so called because they used ordi­narily to meet in the vestry of the church. Cowell.
VESTURA. A crop of grass or corn. Also a garment; metaphorically applied to a possession or seisin.
VESTURA TEKR2E. In old English law. The vesture of the land; that is, the corn, grass, underwood, sweepage, and the like. Co. Litt 46. See Simpson v. Coe, 4 N. H. 301.
VESTURE. In old English law. Profit of land. "How much the vesture of an acre is worth." Cowell.
VESTURE OF LAND. A phrase In­cluding all things, trees excepted, which grow upon the surface of the land, and clothe it externally. Ham. N. P. 151.
VETERA STATUTA. Lat Ancient statutes. The English statutes from Magna Charta to the end of the reign of Edward II. are so called; those from the beginning of the reign of Edward III. being contra­distinguished by the appellation of "Nova Statuta." 2 Reeve, Eng. Law, 85.
VETITUM NAMIUM. L. Lat Where the bailiff of a lord distrains beasts or goods of another, and the lord forbids the bailiff to deliver them when the sheriff comes to make replevin, the owner of the cattle may demand satisfaction in pladtum de vetito namio. 2 Inst 140; 2 BL Comm. 148.

YETO
1205
VICAR

VETO. Lat- I forbid. The veto-power Is a power vested in the executive officer of some governments to declare his refusal to assent to any bill or measure which has been passed by the legislature It is either ab­solute or qualified, according as the effect of its exercise is either to destroy the bill final­ly, or to prevent its becoming law unless again passed by a stated proportion of votes or with other formalities. Or the veto may be merely suspensive. See People v. Board of Councilmen (Super. Buff.) 20 N. Y. Supp. 51.
—Pocket veto. Non-approval of a legislative act by the president or state governor, with the result that it fails to become a law, not by a written disapproval, (a veto in the ordinary form,) but by remaining silent until the adjourn­ment of the legislative body, when that ad­journment takes place before the expiration of the period allowed by the constitution for the examination of the bill by the executive.
VETUS JXJS. Lat The old law. A term used in the civil law, sometimes to designate the law of the Twelve Tables, and sometimes merely a law which was In force previous to the passage of a subsequent law. Calvin.
VEX. To harass, disquiet, annoy; as by repeated litigation upon the same facts.
VEXARI. Lat To be harassed, vexed, or annoyed; to be prosecuted; as in the m^x-im, Nemo debet bis vexari pro una et eadem causa, no one should be twice prosecuted for one and the same cause.
VEXATA QTLSESTIO. Lat A vexed question; a question often agitated or dis­cussed, but not determined or settled; a ques­tion or point which has been differently de­termined, and so left doubtful. 7 Coke, 456/ 8 Burrows, 1547.
VEXATION. The injury or damage which is suffered in consequence of the tricks of another.
VEXATIOUS. A proceeding is said to be vexatious when the party bringing it is not acting bona fide, and merely wishes to annoy or embarrass his opponent or when it is not calculated to lead to any practical result. Such a proceeding is often described as "friv­olous and vexatious," and the court may stay It on that ground. Sweet.
VEXED QUESTION. A question or point of law often discussed or agitated, but not determined or settled.
VI AUT CLAM. Lat In the civil law. By force or covertly. Dig. 43, 24.
VI BONORUM RAPTORUM. Lat In
the civil law. Of goods taken away by force. The name of an action given by the praetor as a remedy for the violent taking of another's property. Inst 4, 2; Dig. 47, 8.
VI ET ARMIS. Lat With force and arms. See Trespass.
VIA. Lat In the civil law. Way; a
road; a right of way. The right of walking, riding, and driving over another's land. Inst. 2, 3, pr. A species of rural servitude, which included iter (a footpath) and actus, (a drift­way.)
In old English law. A way; a public road; a foot horse, and cart way. Co. Litt. 56a.
—Via or dinar ia; via execntiva. In the law
of Louisiana, the former phrase means in the ordinary way or by ordinary process, the latter means by executory process or in an executory proceeding. A proceeding in a civil action is "ordinary" when a citation takes place and all the delays and forms of law are observed; "ex­ecutory" when seizure is obtained against the property of the debtor, without previous cita­tion, in virtue of an act or title importing con­fession of judgment, or in other cases provided by law. Code Prac. La. 1839, art. 98.—Via pnblica. In the civil law. A public way or road, the land itself belonging to the public. Dig. 43, 8, 2, 21.—Via regia. In English law. The king's highway for all men. Co. Litt 56a. The highway or common road, called "the king's" highway, because authorized by him and under his protection. Cowell.
Via antiqna via est tnta. The old way
is the safe way. Manning v. Manning's Ex'rs, 1 Johns. Ch. (N. Y.) 527, 530.
Via trita est tntissima. The trodden path is the safest Broom, Max. 134; 10 Coke, 142.
VIABILITY. Capability of living. A term used to denote the power a new-born child possesses of continuing its independent existence.
VIABLE. Capable of life. This term is applied to a newly-born infant, and especially to one prematurely born, which is not only born alive, but in such a state of organic de­velopment as to make possible the continu­ance of its life.
VMS SERVITUS. Lat A right of way over another's land.
VTAGERE RENTE. In French law. A rent-charge or annuity payable for the life of the annuitant
VIANDER. In old English law. A re­turning officer. 7 Mod. 13.
VIATOR. Lat In Roman law. A sum-moner or apparitor; an officer who attended on the tribunes and aediles.
VICAR. One who performs the functions of another; a substitute. Also the incumbent of an appropriated or impropriated ecclesias­tical benefice, as distinguished from the in­cumbent of a non-appropriated benefice, who

VIOAR
1206
VIDAME

Is called a "rector." Wharton. See Pinder v. Barr, 4 Bl. & BL 115.
—Vicar general. An ecclesiastical officer who assists the archbishop in the discharge of his office.
VICARAGE. In English ecclesiastical law. The living or benefice of a vicar, as a parsonage is of a parson. 1 Bl. Comm. 387, 388.
VICARIAL TITHES. Petty or small tithes payable to the vicar. 2 Steph. Comm. 681.
VICARIO, etc An ancient writ for a spiritual person imprisoned, upon forfeiture of a recognizance, etc. Beg. Orig. 147.
Vicarius non habet vicarium. A deputy has not [cannot have] a deputy. A delegated power cannot be again delegated. Broom, Max. 839.
VICE. A fault, defect, or imperfection. In the civil law, redhibitory vices are such faults or imperfections in the subject-matter of a sale as will give the purchaser the right to return the article and demand back the price.
VICE. Lat In the place or stead. Vice mea, in my place.
—Vice-admiral. An officer in the (English) navy next in rank after the admiral.—Vice-admiralty courts. In English law. Courts established in the king's possessions beyond the seas, with jurisdiction over maritime causes, in­cluding those relating to prize. 3 Steph. Comm. 435; 3 Bl. Comm. 69.—Vice-chamberlain. A great officer under the lord chamberlain, who, in the absence of the lord chamberlain, has the control and command of the officers appertaining to that part of the royal household which is called the "chamber." Cowell.—Vice-chancel­lor. See Chancellor.—Vice-comes. A title formerly bestowed on the sheriff of a county, when he was regarded as the deputy of the 'count or earl. Co. Litt. 168.—Vice-comitissa. In old English law. A viscountess. Spelman. —Vice commercial agent. In the consular service of the United States, this is the title of a consular officer who is substituted tem­porarily to fill the place of a commercial agent when the latter is absent or relieved from duty. Rev. St. U. S. § 1674 (U. S. Comp. St. 1901, p. 1149) .—Vice-constable of England. An ancient officer in the time of Edward IV.—Vice consnl. In the consular service of the United States this term denotes a consular officer who is substituted temporarily to fill the place of a consul who is absent or relieved from duty. Rev. St. U. S. § 1674 (U. S. Comp. St. 1901, p. 1149); Schunior v. Russell, 83 Tex. 83, 18 S. W. 484. In international law generally the term de°ignates a commercial agent who acts in the place or stead of a consul or who has charge of a portion of his territory. In old Eng­lish law, it meant the deputy or substitute of an earl (comes), who was anciently called "con­sul," answering to the more modern "vice-comes." Burrill.—Vice-dominns. A sheriff.— Vice-dominns episcopi. The vicar general or commissary of a bishop. Blount.—Vice-
ferent. A deputy or lieutenant.—Vice-judex. n old Lombardic law. A deputy judge.—Vice-marshal. An officer who was appointed to cssist the earl marshal.—Vice-president of the United States. The title of the second
officer, in point of rank, in the executive branch of the government of the United States.—Vice-principal. See Principal.—Vice versa. Conversely; in inverted order; in reverse man­ner.
VICE-COMES NON MISIT BREVE.
The sheriff hath not sent the writ The form of continuance on the record after issue and before trial. 7 Mod. 349; 11 Mod. 231.
VICEROY. A person clothed with au­thority to act in place of the king; hence, the usual title of the governor of a dependency.
VICINAGE. Neighborhood; near dwell­ing; vicinity. 2 Bl. Comm. 33; Cowell. In modern usage, it means the county where a trial is had, a crime committed, etc. See State v. Crinklaw, 40 Neb. 759, 59 N. W. 370; Convers v. Railway Co., 18 Mich. 468; Tay­lor v. Gardiner, 11 R, I. 184; Ex parte Mc-Neeley, 36 W. Va. 84, 14 S. E. 436, 15 L. R. A. 226, 32 Am. St Rep. 831.
VICINETUM. The neighborhood; vici­nage; the venue. Co. Litt 1856.
Vicini viciniora prsesumnntnr scire.
4 Inst 173. Persons living in the neighbor­hood are presumed to know the neighbor­hood.
VICIOUS INTROMISSION. In Scotch law. A meddling with the movables of a de­ceased, without confirmation or probate of his will or other title. Wharton.
VICIS ET VENEIXIS MUNDANDIS.
An ancient writ against the mayor or bailiff of a town, etc., for the clean keeping of their streets and lanes. Reg. Orig. 267.
VICOUNTIEL, or VICONTIEL. Any­thing that belongs to the sheriffs, as vicontiel writs; i. e., such as are triable in the sher­iffs court As to vicontiel rents, see St. 3 & 4 Wm. IV. c. 99, §§ 12, 13, which places them under the management of the commis­sioners of the woods and forests. Cowell.
—Vicountiel jurisdiction. That jurisdiction which belongs to the officers of a county; as sheriffs, coroners, etc.
VICTUALLER. In English law. A per­son authorized by law to keep a house of en­tertainment for the public; a publican. 9 Adol. & E. 423.
VTCTUS. Lat. In the civil law. Sus­tenance; support; the means of living.
VIDAME. In French feudal law. Orig­inally, an officer who represented the bishop, as the viscount did the count In process of time, these dignitaries erected their offices In­to fiefs, and became feudal nobles, such as the vidame of Chartres, Rheims, etc., continuing to take their titles from the seat of the bishop

VIDE
1207
VIGOR

whom they represented, although the lands held by virtue of their fiefs might be situated elsewhere. Brande; Burrill.
VIDE. Lat A word of reference. Vide ante, or vide supra, refers to a previous pas­sage, vide post, or vide infra, to a subsequent passage, in a book.
Videbis ea ssepe committi quse ssepe vindicantur. 3 Inst Epil. You will see these things frequently committed which are frequently punished.
VIDELICET. Lat The words "to-wit," or "that is to say," so frequently used in pleading, are technically called the "videli­cet" or "scilicet;" and when any fact alleged in pleading is preceded by, or accompanied with, these words, such fact is, in the lan­guage of the law, said to be "laid under a videlicet." The use of the videlicet is to point out, particularize, or render more spe­cific that which has been previously stated in general language only; also to explain that which is doubtful or obscure. Brown. See Stukeley v. Butler, Hob. 171; Gleason v. McVickar, 7 Gow. <N. T.) 43; Sullivan y. State, 67 Miss. 346, 7 South. 275; Clark v. Employers' Liability Assur. Co., 72 Vt. 458, 48 Atl. 639; Com. v. Quinlan, 153 Mass. 483, 27 N. E. 8.
Videtur qui surdus et mutus ne poet f aire alienation. It seems that a deaf and dumb man cannot alienate. Brower v. Fish­er, 4 Johns. Ch. (N. Y.) 444; Brooke, Abr. "Eschete," pi. 4.
VIDIMUS. An inspeximus, (q. v.) Bar­ring, Ob. St 5.
VIDUA REGIS. Lat. In old English law. A king's widow. The widow of a ten­ant in capite. So called, because she was not allowed to marry a second time without the king's permission; obtaining her dower also from the assignment of the king, and having the king for her patron and defender. Spel-man.
VIDUITATIS PROFESSIO. Lat. The making a solemn profession to live a sole and chaste woman.
VIDUITY. Widowhood.
VIE. Fr. Life; occurring in the phrases cestui que vie, pur autre vie, etc.
VIEW. The right of prospect; the out­look or prospect from the windows of one's hoiise. A species of urban servitude which prohibits the obstruction of such prospect. 3 Kent, Comm. 448.
We understand by view every opening which may more or less facilitate the means of looking out of a building. Lights are
those openings which are made rather for the admission of light than to look out of. Civ. Code La. art. 715.
Also an inspection of property in contro­versy, or of a place where a crime has been committed, by the jury previously to the trial. See Garbarsky v. Simkin, 36 Misc. Rep. 195, 73 N. Y. Supp. 199; Wakefield v. Railroad Co., 63 Me. 385; Lancaster County v. Holyoke, 37 Neb. 328, 55 N. W. 950, 21 L. R. A. 394.
—View and delivery. When a right of com­mon is exercisable not over the whole waste, but only in convenient places indicated from time to time by the lord of the manor or his bailiff, it is said to be exercisable after "view and de­livery." Elton, Commons, 233.—View, de­mand of. In real actions, the defendant was entitled to demand a view, that is, a sight of the thing, in order to ascertain its identity and oth­er circumstances. As, if a real action were brought against a tenant, and such tenant did not exactly know what land it was that the demandant asked, then he might pray the view, which was that he might see the land which the demandant claimed. Brown.—View of an in­quest. A view or inspection taken by a jury, summoned upon an inquisition or inquest, of the place or property to which the inquisition or inquiry refers. Brown.—View of frank­pledge. In English law. An examination to see if every freeman above twelve years of age within the district had taken the oath of al­legiance. and found nine freeman pledges for his peaceable demeanor. 1 Reeve, Eng. Law, 7.
VIEWERS. Persons who are appointed by a court to make an investigation of cer­tain matters, or to examine a particular lo­cality, (as, the proposed site of a new road,) and to report to the court the result of their inspection, with their opinion on the same.
In old practice. Persons appointed un­der writs of view to testify the view. Rose. Real Act. 253.
VIF-GAGE. L. Fr. In old English law. A vivum vadium or living pledge, as distin­guished from a mortgage or dead pledge. Properly, an estate given as security for a debt, the debt to be satisfied out of the rents, issues, and profits.
VIGIL. In ecclesiastical law. The eve or next day before any solemn feast.
VIGILANCE. Watchfulness; precau­tion ; a proper degree of activity and prompt­ness in pursuing one's rights or guarding them from infraction, or in making or dis­covering opportunities for the enforcement of one's lawful claims and demands. It is the opposite of laches.
Vigilantibus et non dormientibus jnra •nbveniunt. The laws aid those who are vigilant not those who sleep upon their rights. 2 Inst. 690; Merchants' Bank of Newburyport President, etc., of, v. Steven­son, 7 Allen (Mass.) 493; Broom, Max. 892.
VIGOR. Lat. Strength; virtue; force; efficiency. Proprio vigore, by its own force.

VIIS ET MODIS
1208
VINDEX

VHS ET MODIS. Lat. In the ecclesias­tical courts, service of a decree or citation viis et modis, i. e., by all "ways and means" likely to affect the party with knowledge of its contents, is equivalent to substituted service in the temporal courts, and is op­posed to personal service. Phillim. Ecc. Law, 1258, 1283.
VILL. In old English law, this word was used to signify the parts into which a hun­dred or wapentake was divided. It also sig­nifies a town or city.
—Demi-vill. A town consisting of five free­men, or frank-pledges. Spelman.
Villa est ex pluribus mansionlbus vi-cinata, et collata ez pluribus vicinis, et sub appellatione villaruxn continentur burgi et civitates. Co. Litt 115. Vill is a neighborhood of many mansions, a collec­tion of many neighbors, and under the term of "vllls" boroughs and cities are contained.
VILLA REGIA. Lat In Saxon law. A royal residence. Spelman.
VILLAGE. Any small assemblage of houses for dwellings or business, or both, in the country, whether they are situated upon regularly laid out streets and alleys or not, constitutes a village. Hebert v. Lavalle, 27 111. 448.
In some states, this is the legal description of a class of municipal corporations of smal­ler population than "cities" and having a simpler form of government, and correspond­ing to "towns" and "boroughs," as these terms are employed elsewhere.
VILLAIN. An opprobrious epithet, im­plying great moral delinquency, and equiv­alent to knave, rascal, or scoundrel. The word is libelous. 1 Bos. & P. 331.
VTLLANIS REGIS SUBTRACTIS REDUCENDIS. A writ that lay for the bringing back of the king's bondmen, that had been carried away by others out of his manors whereto they belonged. Reg. Orig. 87.
VILLANUM SEBVITIUM. In old Eng­lish law. Villein service. Fleta, lib. 3, c. 13, § 1.
VILLEIN. A person attached to a man­or, who was substantially in the condition of a slave, who performed the base and ser­vile work upon the manor for the lord, and was, in most respects, a subject of property and belonging to him. 1 Washb. Real Prop. 26.
—Villein in gross. A villein who was an­nexed to the person of the lord, and transferable by deed from one owner to another. 2 Bl. Comm. 93.—Villein regardant. A villein an-
nexed to the manor of land; a serf.—Villebm services. Base services, such as villeins per­formed. 2 Bl. Comm. 93. They were not, hon* ever, exclusively confined to villeins, since they might be performed by freemen, without impair­ing their free condition. Bract, fol 246.—Vil-» lein socage. In feudal and old English law. A species of tenure in which the services to be rendered were certain and determinate, but were of a base or servile nature; i. e., not suitable to a man of free and honorable rank. This was also called "privileged villeinage,'* to distinguish it from ''pure villeinage," in which the services were not certain, but the tenant was obliged to do whatever he was confer manded. 2 Bl. Comm. 61.
VILLENAGE. A servile kind of tenurt belonging to lands or tenements, whereby the tenant was bound to do all such services as the lord commanded, or were fit for a vil* lein to do. Cowell. See Villein.
—Pure villenage. A base tenure, where a man holds upon terms of doing whatsoever it commanded of him, nor knows in the evening what is to be done in the morning, and is al­ways bound to an uncertain service. 1 Steph. Comm. (7th Ed.) 188.
VILLENOTTS JUDGMENT. A judg­ment which deprived one of his libera lex, whereby he was discredited and disabled as a juror or witness; forfeited his goods and chattels and lands for life; wasted the lands, razed the houses, rooted up the trees, and committed his body to prison. It has be­come obsolete. 4 Bl. Comm. 136; 4 Steph. Comm. 230; 4 Broom & H. Comm. 153. Wharton.
Vim vi repellere licet, modo flat mode-ramine inculpatse tutelse, non ad sumen-dam vindictam, sed ad propulsandam in-juriam. It is lawful to repel force by force, provided it be done with the moderation of blameless defense, not for the purpose of taking revenge, but to ward off injury. Co. Litt 162a.
VINAGIDM. A payment of a certain quantity of wine instead of rent for a vine­yard. 2 Mon. Ang. p. 980.
VINCULACION. In Spanish law. An entail. Schm. Civil Law, 308.
VINCULO. In Spanish law. The bond, chain, or tie of marriage. White, New Re-cop. b. 1, tit. 6, c. 1, § 2.
VINCULO MATRIMONII. See A Vin­culo Matrimonii; Divoece.
VINCULUM JURIS. Lat In the Ro­man law, an obligation is defined as a vincu­lum juris, i. e., "a bond of law," whereby one party becomes or is bound to another to do something according to law.
VINDEX. Lat In the civil law. A de­fender.

VINDICARB
1209
VIRGA

VXNDICARE. Lat In the civil law. To claim, or challenge; to demand one's own; to assert a right in or to a thing; to assert or claim a property in a thing; to claim a thing as one's own. Calvin.
VTNDICATIO. Lat In the civil law. The claiming a thing as one's own; the as­serting of a right or title in or to a thing.
VINDICATORY PARTS OF LAWS.
The sanction of the laws, whereby it is sig­nified what evil or penalty shall be incur­red by such as commit any public wrongs, and transgress or neglect their duty. 1 Steph. Comm. 37.
VINDICTA. In Roman law. A rod or wand; and, from the use of that instrument in their course, various legal acts came to be distinguished by the term; e. g., one of the three ancient modes of manumission was by the vindicta; also the rod or wand inter­vened in the progress of the old action of vindicatio, whence the name of that action. Brown.
VINDICTIVE DAMAGES. See Dam­ages.
VINOUS LIQUORS. This term includes all alcoholic beverages made from the juice of the grape by the process of fermentation,. and perhaps similar liquors made from ap­ples and from some species of berries; but not pure alcohol nor distilled liquors nor malt liquors such as beer and ale. See Ad-ler v. State, 55 Ala. 23; Reyfelt v. State, 73 Miss. 415, 18 South. 925; Lemly v. State, 70 Miss. 241, 12 South. 22, 20 L. R. A. 645; Com. v. Reyburg, 122 Pa. 299, 16 Atl. 351„ 2LR. i 415; Feldman v. Morrison, 1 111. App. 462; Hinton v. State, 132 Ala. 29, 31 South. 563.
VIOL. Fr. In French law. Rape. Bar­ring, Ob. St 139.
VIOLATION. Injury; Infringement; breach of right, duty, or law. Ravishment; seduction. The statute 25 Edw. III. St. 5, c. 2, enacts that any person who shall violate the king's companion shall be guilty of high treason.
VIOLATION OF SAFE CONDUCTS.
An offense against the laws of nations. 4 Steph. Comm. 217.
VIOLENCE. The term ••violence" is synonymous with "physical force," and the two are used interchangeably, in relation to assaults, by elementary writers on criminal law. State v. Wells, 31 Conn. 212.
VIOLENT. Characterized or caused by violence; severe; assailing the person (and
metaphorically, the mind) with a great de­gree of force.
—Violent death. Death caused by violent external means, as distinguished from natural death, caused by disease or the wasting of the vital forces.—Violent presumption. In the law of evidence. Proof of a fact by the proof of circumstances which necessarily attend it. 3 Bl. Comm, 371. Violent presumption is many times equal to fall proof. Id. See Davis v. Curry, 2 Bibb (Ky.) 239; Shealy v. Edwards, 75 Ala. 419.—Violent profits. Mesne profits in Scotland. "They are so called because due on the tenant's forcible or unwarrantable de­taining the possession after he ought to have removed." Ersk. Inst. 2, 6, 54; Bell.
Violenta prsesumptio aliquando est plena probatio. Co. Litt 66. Violent pre­sumption is sometimes full proof.
VIOLENTLY. By the use of force; forci­bly ; with violence. The term is used in in­dictments for certain offenses. State v. Blake, 39 Me. 324; State v. Williams, 32 La. Ann. 337, 36 Am. Rep. 272; Craig v. State, 157 Ind. 574, 62 N. E. 5.
Viperina est expositio quse oorrodit viscera textus. 11 Coke, 34. It is a poison­ous exposition which destroys the vitals of the text
VIR. Lat A man,, especially as mark­ing the sex. In the Latin phrases and max­ims of the old English law, this word gen­erally means "husband," the expression vir et uxor corresponding to the law French baron et feme.
Vir et uxor censentur in lege una per­sona. Jenk. Cent 27. Husband and wife are considered one person in law.
Vir et uxor sunt quasi nnica persona, quia caro et sanguis nnns; res licet sit propria uxoris, vir tamen ejus eustos, cum sit caput nralieris. Co. Litt 112. Man and wife are, as it were, one person, because only one flesh and blood; although the property may be the wife's, the husband is keeper of it since he is the head of the wife.
Vir ntilitans Deo non implicetur secu­larisms negotiis. Co. Litt 70. A man fighting for God must not be involved in sec­ular business.
VERES. Lat (The plural of "vis.") Pow­ers; forces; capabilities; natural powers; powers granted or limited. See Ultra. Vires.
Vires acquirit eundo. It gains strength by continuance. Mann v. Mann's Ex'rs, 1 Johns. Ch. (N. T.) 231, 237.
VIRGA. In old English law. A rod or staff; a rod or ensign of office. Cowell.

VIRGA TERR.32
1210
VISITATION

VIRGA TERR2E, (or VIRGATA TER-RiE.) In old English law. A yard-land; a measure of land of variable quantity, con­taining in some places twenty, in others twenty-four, in others thirty, and in others forty, acres. Cowell; Co. Litt 5a.
VIRGATA REGIA. In old English law. The verge; the bounds of the king's house­hold, within which the court of the steward had jurisdiction. Crabb, Eng. Law, 185.
VIRGATE. A yard-land.
VIRGE, TENANT BY. A species of copyholder, who holds by the virge or rod.
VIRGO INTACTA. Lat. A pure virgin.
VIRIDARIO EEIGENDO. A writ for choice of a verderer in the forest. Reg. Orig. 177
VIRILIA. The privy members of a man, to cut off which was felony by the common law, though the party consented to it Bract. 1. 3, 144; Cowell.
VIRTUE. The phrase "by virtue" dif­fers in meaning from "under color." For instance, the proper fees are received by vir­tue of the office; extortion is under color of the office. Any rightful act in office is by virtue of the office. A wrongful act in office may be under color of the office. Phil. Law, 380.
VIRTUTE CUJUS. Lat By virtue whereof. This was the clause in a pleading justifying an entry upon land, by which the party alleged that it was in virtue of an order from one entitled that he entered. Wharton.
VIRTUTE OFFICII. Lat. By virtue of his office. By the authority vested in him as the incumbent of the particular office.
VIS. Lat. Any kind of force, violence, or disturbance relating to a man's person or his property.
—Vis ablativa. In the civil law. Ablative force; force which is exerted in taking away a thing from another. Calvin.—Vis arniata. In the civil and old English law. Armed force ; force exerted by means of arms or weapons.—Vis clandestina. In old English law. Clandes­tine force; such as is used by night. Bract. fol. 162.—Vis compnlsiva. In the civil and old English law. Compulsive force ; that which is exerted to compel another to do an act against his will; force exerted by menaces or terror.—Vis divina. In the civil law. Divine or superhuman force; the act of God.—Vis et metus. In Scotch law. Force and fear. Bell. —Vis expulsiva. In old English law. Ex­pulsive force; force used to expel another, or put him out of his possession. Bracton con­trasts it with "vis simplex" and divides it into expulsive force with arms, and expulsive force without arms. Bract, fol. 162.—Vis extur-bativa. In the civil law. Exturbative force;
force used to thrust out another. Force used between two contending claimants of possession, the one endeavoring to thrust out the other. Calvin.—Vis fluminis. In the civil law. The force of a river; the force exerted by a stream or current; water-power.—Vis im-pressa. The original act of force out of which an injury arises, as distinguished from "vis proximal* the proximate force, or immediate cause of the injury. 2 Greenl. Ev. § 224.— Vis inermis. In old English law. Unarmed force; the opposite of "vis armata." Bract fol. 162.—Vis injuriosa. In old English law. Wrongful force; otherwise called "illicita," (unlawful.) Bract fol. 162.—Vis inquietativa. In the civil law. Disquieting force. Calvin. Bracton defines it to be where one does not per­mit another to nse his possession quietly and in peace. Bract, fol. 162.—Vis laica. In old English law. Lay force; an armed force used to hold possession of a church. Reg. Orig. 59, 60.—Vis licita. In old English law. Lawful force. Bract, fol. 162.—Vis major. A greater or superior force; an irresistible force. This term is much used in the law of bailments to denote the interposition of violence or coercion proceeding from human agency, (wherein it dif­fers from the "act of God,") but of such a character and strength as to be beyond the powers of resistance or control of those against whom it is directed; for example, the attack of the public e_nemy or a band of pirates. See The George Shiras, 61 Fed. 300, 9 C. C. A. 511; Brousseau v. The Hudson, 11 La. Ann. 428: Nugent v. Smith, 1 C. P. Div. 437. In the civil law, this term is sometimes used as synonymous with "vis divina," or the act of God. Calvin. —Vis pertubativa. In old English law. Force used between parties contending for a possession.—Vis proxima. Immediate force. See Vis Impeessa.—Vis simplex. In old English law. Simple or mere force. Distin­guished by Bracton from "vis armata," and also from "vis expvlsiva" Bract, fol. 162.
Vis legibus est inimica. 3 Inst 176. Violence is inimical to the laws.
VISA. An official indorsement upon a document, passport, commercial book, etc., to certify that it has been examined and found correct or in due form.
VISCOUNT. A decree of English nobil­ity, next below that of earl. An old title of the sheriff.
VISE. An indorsement made on a pass­port by the proper authorities, denoting that it has been examined, and that the person who bears it is permitted to proceed on his journey. Webster.
VISIT. In international law. The right of visit or visitation is the right of a cruiser or war-ship to stop a vessel sailing under another flag on the high seas, and send an officer to such vessel to ascertain whether her nationality is what it purports to be. It is exercisable only when suspicious circum­stances attend the vessel to be visited; as when she is suspected of a piratical char­acter.
VISITATION. Inspection; superintend­ence; direction; regulation. A power giv­en by law to the founders of all eleemesy-

VISITATION BOOKS
1211
VOOABULA ARTI8

nary corporations. 2 Kent, Comm. 300-303; 1 Bl. Comm. 480, 481. In England, the vis­itation of ecclesiastical corporations belongs to the ordinary. Id. See Trustees of Union Baptist Ass'n v. Hunn, 7 Tex. Civ. App. 249, 26 S. W. 755; Allen v. McKean, 1 Fed. Cas. 498.
VISITATION BOOKS. In English law. Books compiled by the heralds, when prog­resses were solemnly and regularly made into every part of the kingdom, to inquire into the state of families, and to register such marriages and descents as were verified to them upon oath; they were allowed to be good evidence of pedigree. 3 Bl. Comm. 105; 3 Steph. Comm. 724.
VISITOR. An inspector of the govern­ment of corporations, or bodies politic 1 Bl. Comm. 482.
Visitor is an inspector of the government of a corporation, etc. The ordinary is visitor of spir­itual corporations. But corporations instituted for private charity, if they are lay, are visitable by the founder, or whom he shall appoint; and from the sentence of such visitor there lies no appeal. By implication of law, the founder and his heirs are visitors of lay foundations, if no particular person is appointed by him to see that the charity is not perverted. Jacob.
The term "visitor" is also applied to an offi­cial appointed to see and report upon persons found lunatics by inquisition, and to a person appointed by a school board to visit houses and see that parents are complying with the provisions in reference to the education of their children. Mozley & Whitley.
VISITOR OF MANNERS. The regard-er's office in the forest Manw. i. 195.
VISNE. L. Fr. The neighborhood; vic­inage; venue. Ex parte McNeeley, 36 W. Va. 84, 14 S. E. 436, 15 L. R. A. 226, 32 Am. St. Rep. 831; State v. Kemp, 34 Minn. 61, 24 N. W. 349.
VISUS. Lat In old English practice. View; inspection, either of a place or per­son.
VITIATE. To impair; to make void or "voidable; to cause to fail of force or effect; to destroy or annul, either entirely or in part, the legal efficacy and binding force of an act or instrument; as when it is said that fraud vitiates a contract.
VITTLIGATE. To litigate cavilously, vexatiously, or from merely quarrelsome mo­tives.
VITIOUS INTROMISSION. In Scotch law. An unwarrantable intermeddling with the movable estate of a person deceased, without the order of law. Ersk. Prin. b. 3, tit 9, § 25. The irregular intermeddling with the effects of a deceased person, which
subjects the party to the whole debts of the deceased. 2 Karnes, Eq. 327.
VnrUM CLERICI. In old English law. The mistake of a clerk; a clerical error.
Vitinm clerici nocere non debet. Jenk. Cent 23. A clerical error ought not to hurt
Vitium est qnod fugi debet, nisi, ra-tionem non invenias, moz legem sine ratione esse olames. Ellesm. Post N. 86. It is a fault which ought to be avoided, that if you cannot discover the reason you should presently exclaim that the law is without rea­son.
VITIUM SCRIPTORIS. In old English law. The fault or mistake of a writer or copyist; a clerical error. Gilb. Forum Bom. 185.
VTTRICUS. Lat In the civil law. A step-father; a mother's second husband. Cal­vin.
VIVA AQUA. Lat In the civil law. Living water; running water; that which is­sues from a spring or fountain. Calvin.
VIVA PECUNIA. Lat Cattle, which obtained this name from being received dur­ing the Saxon period as money upon most oc­casions, at certain regulated prices. Cowell.
VIVA VOCE. Lat With the living voice; by word of mouth. As ^applied to the examination of witnesses, this phrase is equivalent to "orally." It is used in contra­distinction to evidence on affidavits or depo­sitions. As descriptive of a species of voting, it signifies voting by speech or outcry, as dis­tinguished from voting by a written or print­ed ballot
VIVARIUM. Lat In the civil law. An Inclosed place, where live wild animals are kept Calvin; Spelman.
VTVARY. In English law. A place for keeping wild animals alive, including fishes; a fish pond, park, or warren.
VIVUM VADIUM. See Vadium.
Vix nlla lex fieri potest quae omnibus commoda sit, sed si majori parti prospi-ciat, ntilis est. Scarcely any law can be made which is adapted to all, but if it pro­vide for the greater part it is useful. Plowd. 869.
VIZ. A contraction for videlicet, to-wit namely, that is to say.
VOCABULA ARTIS. Lat Words of art; technical terms.

YOCABULA ARTIUM 1212
VOLUNTARY

Vocabula artium explicanda sunt se­cundum definitiones prudentum. Terms of arts are to be explained according to the definitions of the learned or skilled [in such arts.] Bl. Law Tracts, 6.
VOCARE AD CURIAM. In feudal law. To summon to court Feud. Lib. 2, tit- 22.
VOCATIO IN JUS. Lat A summoning to court. In the earlier practice of the Roman law, (under the legis actiones,) the creditor orally called upon his debtor to go with him before the praetor for the purpose of determining their controversy, saying, "In jus eamus; in jus te voco." This was called "vocatio in jus."
VOCIFERATIO. Lat In old English law. Outcry; hue and cry. Cowell.
VOCO. Lat In the civil and old Eng­lish law. I call; I summon; I vouch. In jus voco te, I summon you to court; I sum­mon you before the praetor. The formula by which a Roman action was anciently com­menced. Adams, Rom. Ant 242.
VOID. Null; ineffectual; nugatory; hav­ing no legal force or binding effect; unable, in law, to support the purpose for which it was intended.
"Void" does not always imply entire nullity; but it is, in a legal sense, subject to large quali­fications in view of all the circumstances calling for its application, and the rights and interests to be affected in a given case. Brown v. Brown, 50 N. H. 538, 552.
"Void," as used in statutes and by the courts, does not usually mean that the act or proceeding is an absolute nullity. Kearney v. Vaughan, 50 Mo. 284.
There is this difference between the two words "void" and "voidable:" void means that an instrument or transaction is so nuga­tory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. Wharton.
The true distinction between void and voidable acts, orders, and judgments is that the former can always be assailed in any proceeding, and the latter only in a direct proceeding. Alex­ander v. Nelson, 42 Ala. 462.
The term "void," as applicable to conveyances or other agreements, has not at all times been used with technical precision, nor restricted to its peculiar and limited sense, as contradistin­guished from "voidable;" it being frequently introduced, even by legal writers and jurists, when the purpose is nothing further than to indicate that a contract was invalid, and not binding in law. But the distinction between the terms "void" and "voidable," in their ap­plication to contracts, is often one of great prac­tical importance; and, whenever entire tech­nical accuracy is required, the term "void" can only be properly applied to those contracts that are of no effect whatsoever, such as are\ a mere nullity, and incapable of confirmation or ratification. Allis v. Billings, 6 Mete (Mass.) 415, 39 Am. Dec. 744.
Void in part, void in toto. Curtis T. Leavitt, 15 N. Y. 9, 96.
Void things are as no thing:*. People T. Shall, 9 Cow. (N. Y.) 778, 784.
VOIDABLE. That may be avoided, or declared void; not absolutely void, or void in itself. Most of the acts of infants are voida­ble only, and not absolutely void. 2 Kent Comm. 234. See Void.
VOIDANCE. The act of emptying; ejec­tion from a benefice.
VOIR DIRE. L. Fr. To speak the truth. This phrase denotes the preliminary examination which the court may make of one presented as a witness or juror, where Ms competency, Interest, etc., is objected to.
VOITURE. Fr. Carriage; transporta­tion by carriage.
VOLENS. Lat Willing. He is said to be willing who either expressly consents or tacitly makes no opposition. Calvin.
Volenti non fit injuria. He who con­sents cannot receive an injury. Broom, Max. 268, 269, 271, 395; Shelf. Mar. & Div. 449; Wing. Max. 482; 4 Term R. 657.
Voluit, sed non dixit. He willed, but he did not say. He may have intended so, but he did not say so. A maxim frequently used in the construction of wills, in answer to arguments based upon the supposed intention of a testator. 2 Pow. Dev. 625; 4 Kent, Comm. 538.
VOLUMEN. Lat In the civil law. A volume; so called from its form, being rolled up.
VOLUMUS. Lat We will; it is our will. The first word of a clause in the royal writs of protection and letters patent Cow­ell.
VOLUNTARIUS D2MON. A voluntary madman. A term applied by Lord Coke to a drunkard, who has voluntarily contracted madness by intoxication. Co. Litt 247; 4 Bl. Comm. 25.
VOLUNTARY. Free; without compul­sion or solicitation.
Without consideration; without valuable consideration; gratuitous.
—Voluntary courtesy. A voluntary act of kindness; an act of kindness performed by one man towards another, of the free will and in­clination of the doer, without any previous re­quest or promise of reward made by him who is the object of the courtesy | from which the law will not imply a promise of remuneration. Holthouse.—Voluntary ignorance. This ex­ists where a party might, hy taking reasonable gains, have acquired the necessary knowledge, ut has neglected to do so.

VOLUNTARY
1213
VOUCHEE

As to voluntary "Answer," "Assignment," "Bankruptcy," "Confession," "Conveyance," "Deposit," "Escape," "Jurisdiction," "Man­slaughter," "Nonsuit," "Oath," "Payment," "Redemption," "Sale," "Settlement," "Trust," and "Waste," see those titles.
VOLUNTAS. Lat Properly, volition, purpose, or intention, or a design or the feel­ing or impulse which prompts the commis­sion of an act; but in old English law the term was often used to denote a will, that is, the last will and testament of a decedent, more properly called testamentum.
Voluntas donatoris in charta doni sui manifesto ezpressa observetur. Co. Litt 21. The will of the donor manifestly ex­pressed in his deed of gift is to be observed.
Volnntas est justa sententia de eo quod quis post mortem nam fieri velit. A
will is an exact opinion or determination concerning that which each one wishes to be done after his death.
Voluntas et propositum distinguunt maleficia. The will and the proposed end distinguish crimes. Bract, fols. 2b, 1366.
Voluntas faeit quod in testamento scriptum valeat. Dig. 30, 1, 12, 3. It is intention which gives effect to the wording of a will.
Voluntas in deliotis, non esitus spec-tatur. 2 Inst. 57. In crimes, the will, and not the consequence, is looked to.
Voluntas reputatur pro facto. The in­tention is to be taken for the deed. 3 Inst 69; Broom, Max. 311.
Voluntas testatoris est ambulatoria usque ad extremum vitse exitum. 4 Coke, 61. The will of a testator is ambulatory until the latest moment of life.
Voluntas testatoris habet interpreta-tionem latam et benignant. Jenk. Cent. 260. The intention of a testator has a broad and benignant interpretation.
Voluntas ultima testatoris est perim-plenda secundum veram intentionem suam. Co. Litt. 322. The last will of the testator is to be fulfilled according to his true intention.
VOLUNTEER. In conveyancing, one
who holds a title under a voluntary convey­ance, i. e., one made without consideration, good or valuable, to support it
A person who gives his services without aiiy express or implied promise of remunera­tion in return is called a "volunteer," and is entitled to no remuneration for his services,
nor to any compensation for injuries sus­tained by him in performing what he has un­dertaken Sweet Also one who officiously pays the debt of another. See Irvine v. An­gus, 93 Fed. 633, 35 C. C. A. 501; Arnold v. Green, 116 N. Y. 566, 23 N. E. 1; Bennett v. Chandler, 199 111. 97, 64 N. E. 1052; Welch v. Maine Cent. R. Co., 86 Me. 552, 30 Atl. 116, 25 L. R. A. 658.
In military law, the term designates one who freely and voluntarily offers himself for service in the army or navy; as distinguished from one who is compelled to serve by draft or conscription, and also from one entered by enlistment in the standing army.
VOTE. Suffrage; the expression of his will, preference, or choice, formally mani­fested by a member of a legislative or delib­erative body, or of a constituency or a body of qualified electors, in regard to the deci­sion to be made by the body as a whole upon any proposed measure or proceeding, or the selection of an officer or representative. And the aggregate of the expressions of will or choice, thus manifested by individuals, is called the "vbte of the body." See Maynard v. Board of Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R, A. 332; Gillespie v. Palmer, 20 Wis. 546; Davis v. Brown, 46 W. Va. 716, 34 S. E. 839.
—Casting vote. See that title.—Cumulative voting. See Cumulative.
VOTER. One who has the right of giv­ing his voice or suffrage.
VOTES AND PROCEEDINGS. In the
houses of parliament the clerks at the tables make brief entries of all that is actually done; and these minutes, which are printed from day to day for the use of members, are called the "votes and proceedings of parlia­ment" From these votes and proceedings the journals of the house are subsequently pre­pared, by making the entries at greater length. Brown.
VOTUM. Lat A vow or promise. Dies votorum, the wedding day. Fleta 1. 1, c. 4.
VOUCH. To call upon; to call in to war­ranty ; to call upon the grantor or warrantor to defend the title to an estate.
To vouch is to call upon, rely on, or quote as an authority. Thus, in the old writers, to vouch a case or report is to quote it as an authority. Co. Litt 70a.
VOUCHEE. In common recoveries, the person who is called to warrant or defend the title is called the "vouchee." 2 Bouv. Inst. no. 2093.
—Common vouchee. In common recoveries, the person who is vouched to warranty. In this fictitious proceeding the crier of the court usual­ly performs the office of a common vouchee. 2 Bl. Comm. 358; 2 Bouv. Inst n. 2093.

VOUCHER 1214 VULGO QU-ESITI
VOUCHER. A receipt, acquittance, or release, which may serve as evidence of pay­ment or discharge of a debt, or to certify the correctness of accounts. An account-book con­taining the acquittances or receipts showing the accountant's discharge of his obligations. Whitwell v. Willard, 1 Mete. (Mass.) 218.
The term "voucher," when used in connection with the disbursements of moneys, implies some written or printed instrument in the nature of a receipt, note, account, bill of particulars, or something of that character which shows on what account or by what authority a particular payment has been made, and which may be kept or filed away by the party receiving it, for his own convenience or protection, or that of the public People v. Swigert, 107 111. 504.
In old conveyancing. The person on whom the tenant calls to defend the title to the land, because he warranted the title to him at the time of the original purchase.
VOUCHER TO WARRANTY. The call­ing one who has warranted lands, by the par­ty warranted, to come and defend the suit for him. Co. Litt. 101&.
Vox emissa volat; litera scripta ma-net. The spoken word flies; the written let­ter remains. Broom, Max. 666.
VOX SIGNATA. In Scotch practice. An emphatic or essential word. 2 Alis. Crim. Pr. 280.
VOYAGE. In maritime law. The pass­ing of a vessel by sea from one place, port, or country to another. The term is held to include the enterprise entered upon, and not merely the route. Friend v. Insurance Co., 113 Mass. 326.
—Foreign voyage. A voyage to some port or place within the territory of a foreign nation. The terminus of a voyage determines its char­acter. If it be within the limits of a foreign jurisdiction, it is a foreign voyage, and not otherwise. Taber y. United States, 1 Story, 1,
Fed. Cas. No. 13,722; The Three Brothers, 28 Fed. Cas. 1,162.—Voyage insured. In insur> ance law. A transit at sea from the terminus m quo to the terminus ad quern, in a prescribed course of navigation, which is never set oat in any policy, but virtually forms parts of all policies, and is as binding on the parties there* to as though it were minutely detailed. 1 Am. Ins. 333.—Voyage policy. See Policy of Insubance.
VRAIC. Seaweed. It is used in great quantities by the inhabitants of Jersey and Guernsey for manure, and also for fuel by the poorer classes.
VS. An abbreviation for versus, (against) constantly used in legal proceedings, and es­pecially in entitling cases.
Vulgaris opinio est duplex, vis., orta inter graves et discrCtos, quae multunt veritatis hal>et, et opinio orta inter leves et vulgares homines absque specie veri­tatis. 4 Coke, 107. Common opinion is of two kinds, viz., that which arises among grave and discreet men, which has much truth in it, and that which arises among light and common men, without any appearance of truth.
VULGARIS PURGATIO. Lat In old
English law. Common purgation; a name given to the trial by ordeal, to distinguish it from the canonical purgation, which was by the oath of the party. 4 Bl. Comm. 342.
VULGO CONCEPTI. Lat In the civil law. Spurious children; bastards.
VUXGO QU-XSITI. Lat In the civil law. Spurious children; literally, gotten from the people; the offspring of promiscuous cohabitation, who are considered as having no father. Inst. 3, 4, 3; Id. 3, 6, 4.






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