Page:Black's Law Dictionary (Second Edition).djvu/1207

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of execution. requiring a sale to be made, directed to a sheriff when he has levied upon goods under a fleri fucias, but returned that they remained unsold for want of buy- ers; 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 “vcnd. em." 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. Higgiuhotham, 26 Kan. 648.

VENDITOR. Lat. A seller; a vendor. Inst. 3, 24; Brnct. fol. 41. —Venditor- reg-is. 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. God. 4. 51, 3.

VENDOR. The person who transfers property by sale, particularly real estate, "seller" being more commonly used for one who sell 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 ot 37 & 38 Vlct. c. 78, which substitutes forty for sixty years as the root of title, and amends in other ways the law of vendor and purchaser. Muzley 8: W llitley.—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 -in the unpaid vendor of chattels, the same remaining in his bnnds. 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. Dalrymnle, 59 N. J. -, 46 Atl 601: Lee v. Murphy, 119 Cal. flrahnm v. ‘.\ioEfett. II!) Mir-ll.

. 75 Am. St Rep. 3. : Gessner v. Palm-itcor. 89 Cal. 89. 26 Pan 7?‘), 13 L. R. A. 187 Blnmstrom v. Dux, 175 I11. 435. 51 N. E 'i‘iorn'Iu v. Rt-arn. 2 Ohio. BS8. 15 Am. I) . .57: Vi'arford v. Flanhins Jr-o Ind. 499. 50 N. n. «ma an & spur Gold Mines v. Sevmour. 153 U. . . 109. 14 Sup. Ct.

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. sherilff. tax collector, administrator, etc.

VENDUE 1\i[AS'1‘]-ZR. An auctioneer.

V1-INIA. A kneeling or low prosh-ation on the ground by penitents; pardon.

VENIA ETATIS. A privilege granted by a prince or sovereign, in virtue of which



a person is entitled to act, aui Juris, as it he were of fui.i age. Story, Confl. Laws. 5 74.

Vania; facilitas incentivum est delin- qnendi. 3 Inst. 236. Facility of pardon is an incentive to crime.

VENIRE. Lat. To come: to appear in court. This word is sometlma used as the name of the writ for summoning a jury, more commonly called a “venire"

VENTRE FAGIAS. Lat. In practice. A judicial writ, directed to the sheriff of the county in which a cause is to be tried, com- manding him that be "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 defend- ant. 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 them- selves upon that jury, and that he return the names of the jurors, etc. 2 'l"idd, Pr. 777, 178; 3 Bl. Comm. 352.

—Ven.h-e faclas ad respondendum. A writ to summon a person, against whom an indict- ment for a misdemeanor bas been found, to appear and be arraigned for the offense. A justice's warrant is now more commonly used. Aruhb. Crim. Pi. BI; SWeet.—Venir-e _fa.cia.s de nova. A fresh or new van/ire, whlch the court grants when there has been some impropriety or irregularity in returning the jury. or where the verdict -is so imperfect or amhi,-.v- uous that no judgment can be given upon it. or where a judgment is reversed on error, and a new trial awarded. See llosseixcr v. Cramer. J8 Ind. 44: Maxwell v. Wri_-zht, 160 Ind. 51- . :7 N. E. _ 'i'.—Venir-e facias jnratores was a judicial writ directed to the sheriff, when issue was joined in an action. commanding him to cause to come to We.=tminster. on such A day. twelve free nnd lawful men of his county h_v whom the truth of the matter at issue might be better known. This writ was abolished hv section 104 of the common-law procedure act.

7‘, and by section 105 a precept issued by the judges of nssize is substituted in its place. The process so substituted is sometimes loose lv spoken of as a “1:rm're." Brown.—Venir-9 fncias tot matrunas. A writ to summon a jury of matrons to execute the writ de ventre inepiricndo.

VENIREMAN. A member of a panel of jurors; a juror summoned by a writ of we- nire faciaa.

VENIT ET DEFENDIT. L. Lat. In oi pleading. Comes and defends. The proper words of appearance and defense in an ac tion. 1 Ld. Raym. 117.

VENIT I-1'1‘ DICIT. Lat. In old pleading. Oomes and says. 2 Salk 544.

VENTE. In French law. of sale.

—Vente a réméré. A conditional sale, in which the seller rescues the right to redeem or repurchase at the same price.

Sale: contract