Page:Black's Law Dictionary (Second Edition).djvu/1210

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VERBAL

or prescribed by statuta in particular cases. \lusgrove v. Jackson, 59 Miss. 390.

—Verbal note. A memorandum or note, in diplomacy, not signed, sent when an iiltoir has continued a lung time without any reply, in order to avoid the appearance of an urgency uhich perbaps 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. Prat-él vcrizal, (q. 1:.)

Vex-his standum ubi nulls nmbiguitss.


One must abide by the words where there is

no nuii-iguity. Tray. Lat. Max. 612.

'Ve1'bl.un iznperfecti temporia rem ad- huc imperfectarn signiiicat. The imperieut tense of the verb indicates an incomplete matter. Mactier v. Frlth, 6 Wend. (N. Y.) 103, 120, 21 Am. Dec. 262.

VERDEROR. An odiccr of the king's for-est, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and pr-esentments of all manner of trespasses of vert and veni- son in the forest. illanw. c. 6, § 5.

VERDICT. in practice. The formal and unanimous decision or finding of a jury. impaueled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the trial.

i‘he word “verdict" has a well-defined signi- fication in law. it means the decision of a jury, and it never means the decision of a court or a referee or a commissioner. ln common lan- guage, the word "verdict" is someljnies used in a more extended sense, but in law it is always used to mean the decision of a ju.ry; and we must suppose that the legislature intended to use the word as it is used in law. Keruer v. Petigo, 25 -Kan. (S56.

—Advcrrre verdict. Where a party, appealing from an allowance of damages by commissioners, recor ers a verdict in his favor, but for a less amount of damages than had been originally nllowcd, such ver rct is adverse to him, within the meaning of his undertaking to pay costs if the verdict should be ndrerse to him. Hainhlin v. Bur-nsluiile 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 nttaint against them. either at common law or on the statute 11 Ben. Vll. c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict: hut not where the JIll‘_V erred merely in point of law, if they found according to the judge's di- rection. ’i‘he pruciice of setting aside verdicts and granting ncw trials. however. the use of attaints that there is no instance oi’ one to be found in the books of reports later than in the time of Elizabeth, and it was alt ether nholished by 6 Geo. IV. 1:. 50. § (iii. %Vhiirton.—General verdict. A verdict where- by the jury find either for the plnintifi or for the defendant in general terms; the ordinary form of E verdict. Glenn v. Sumner. 132 U. S. 152. 10 Sup. Ct. 41. 33 L. Ed Alison. 8 Ga. 201. 52 Am

that the suhject "ciime to his death by menus to the jury unknown," or "came to his death nt the hands of a person or persons to the jury un-

1202

VERG ERS

known,” that is one which leaves opai either the question Whether any crime was committed or the identity of the criminal.—Par-tiai verdict. In criminal law, a verdict by which Lhu jury acquit the defendant as to a part or the at-cusaLiou and End him guilty 55 to the residue. State v. McGee. 55 S. C. 2-17, 33 S. E. 3-53. N Am. St. Rep. 741; U. S. v. Watkins, 28 Fed. Gas. 419.—Px-ivy verdict. One given alter 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 priviiy to the judge out of court, Such a verdict is of no force unless afterwards alfirined by a public verdict given 0 eniy in court. This practice is now superseded) by that of rendering a sealed verdict. See Young v. Seymour. 4 Neb. &9.—Pnl:lio verdict. A vcrdict openly delivered by the jury in court. Withee v. Rowe. 45 Me. 57L—Qr1otient verdict. A money verdict the amonnt of which is fixed by the following process: 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 Hriniilton v. Owe-go Vvater Wori:s. 22 App. Div. 5 1. 48 N. Y. Supp. 106; Moses v. Railroad 00.. .; Misc. Rep. 322. 23 . Y. Supp. 23.—Sealed verdict. See Sr-:ALED.-—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: Comm. 377; Stntler v. U. S., 157 U. 15 Sup. Ct. 616, 39 L. Ed. 700: Day v. Webb, 280cm 44 2'

n

n.l ; Wailingfor'd v. McCormick v. Iiuy-il Ins. Co., 163 Pa 1 AH. 747.;—'Vel‘diol: A verdict returned I: _ entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial.

VEREBOT. Sax. In old records. packet-boat or transport vessel. Cowell.

A

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.

Veredictrrm, quasi dictum veritatis; nt jnriicirun quasi jru-in dictum. Co. Litt. 226. The verdict is, as it were, the Iliorum of truth; as the judgment is the diction 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 linid from fifteen to thirty ucres. 28 Edw. 1. Al- so a stick, or rod, whereby one is aduiitted tenant to a copyhold estate. Old Nat. Brcv. 17.

VERGELT. In Saxon law. line for a crime. See Wr.iznorLn.

A muict or

VERGENS AD INOPIAM. Ii.Li1t. In Scotch law. Verging towards poverty: in declining circumstances. 2 Kames, Eq. 8.

VERGERS. In English law. Omcers who carry white -wands before the justices

of either bench. Cowelh Mentioned in