Page:Black's Law Dictionary (Second Edition).djvu/1204

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VAGABOND

VAGABOND. One that wanders about. and has no certain dwelling; n.u idle fellow. Jacob.

\'.igalionds are described in old English statutes as "such as wake on the night nnd sleep on the day, and haunt custoinable taverns and ale-houses n.ad 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. E41. 400, 19 At]. 119; Johnson v. State, 28 Tex. App. 502. 13 S. W. 1005.

Vagalmndiun nunenpamns enm qu! nnllibi domicilium contraxit habitatio- nis. We call him a “vagaboud" who has ac- quired nowhere a domicile of residence. Phillini. 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 vagabouds, and incorrigible rogues. 4 Steph. Comm. 308, 309.

In American law, the term is variously de-

fined by statute but the general meaning is that of an ablehodied person having no visi- bie menus 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 resi- dence: and in some states the term also icnludes those who have a fixed habitntion and pursue a regular calling but one which is condemned by the law as immoial, 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. (Pa.) 46-}; Roberts v. State, 1-1 Mo. 145, 55 Am. Dec. 97. And see the statutes of the various states. ._.'Va.g'x'n.l|I: set. In English law. The statute 5 Geo. IV. (2. B3. \\]JiCi.l is an act for the punishment of idle and disorderly peisons. A Chit. St. 145.

VALE. In Spanish law. A promissory note. White, New Reoop. b. 3, tit. 7, c. 5, § 3. See Govin v. De Miranda. 140 N. Y. 662, 35 N. E. 6%

Vnlent quantum vale:-e potent. It shall have effect as far as it can have eifect. Cowp. (500; 4 Kent. Comm. 493; Shep. Touch. 87.

VAL]-JG, VAL]-JCT, or VAD]-IL]-1'1‘. 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.

VAL]-ISITERIA. In old English law. The proving by the kindred of the slain, one on the father's side, and another on that of

1196

VALUABLE CONSIDERATION

the mother, that a man was a Welshman. Wharton.

VAL]-1'1‘ was anciently a name denoting young gentlemen of rank and family, but a.ftei-wards applied to those of lower degree, and is new used for a menial seriant, more particularly occupied about the person of his employer. Cab. Lauy. 800.

VALID. Of binding force. A dead, will, or other instrument, which has reueired all the formalities requii ed by law, is s.ud to be valid.

VALIDITY. This term is used to sigalry legal siifiiciency, in contradistinction to mere reg'ularity. “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 be hind the regularity of its forms." Shnrpleigh v. Surdam, 1 Flip. 487, Fed. Cus. No. 12,711.

VALOR BENEFICIORITM. L. Lot. The value of every ecclesiastical beneflce 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 in- fants refused, they forfeited the value of the marriage (valor iiuzrimyii) to their guardian; that is, so much as a jury would assess. or any one would homz flde gl\ e, 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 comenieiit marriage had been oifered. '1‘ermes 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 griuits an estate to a near relation from motives of generosity, prudent-s, and natural duty; and the Letter consists of such a consideration as money, marriage which is to follow, or the like, which the law esteems an equiialent 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 sub- stantial compensation for that which is ontaincd thereby. It is also cnlled simply “val-

ue.” Civ. Code Dak. § 212L