Page:Black's Law Dictionary (Second Edition).djvu/1212

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VEST 1204

present fixed right of future enjoyment. Fearne, Rein. 2.

To clothe with possession; to dellyer full possession of land or of an estate: to give seisin; toeufeuff. Spelman.

VESTA. The crop on the ground. Cow- ell.

VESTED. Accrued; fixed; settled; ab- solute; luring the character or glvlng the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. See Scott v. West, 63 Wis. 5.39, 24 N. W. 161; 1\.lcGil1ls v. 1\.lcGil1ls, 11 App. Div. 359, 42 N. Y. Supp. 924; Smith v. Pros- key, 3:) Misc. Rep. 385. 79 N. Y. Supp. 851. —'Vested devise. See DE:vIsE.—Vestcd eatate. Any estate, property, or interest is call- ed "vested. ' whether in possession or not, which is not subject to any condition precedent and unpciformed ’l he interest may be either a pres- out and inim-ediate lntercst, or it may a future but uncontingent, and therefore transmissibie, lnterest. Brown. See Tayloe v. Gould, 10 B rb. (N. Y.) 383: Flnnncr v. Fellows, 206 Ill. 1- . (78 N. E. 1|J.i'i'; Tindail v. Tintlall. 167 M0. 218. 66 S. W. 1032; Ward v. Edge, 100 Ky. 757, 39 S. W. 4-lO.—Vested in interest. A legal term applied to a lirtseut fixed right of future enjoyment; as reveisinns, vested remainders, such executory devises, luture uses, conditional limitations, and other future interests as are not_ referred to, or made to depend on, a pc- iiud or eient that is unuartain. Wharton. See Smith v. West, 103 Ill. 33? ; Hawley v. James, " ’nige (N. Y.) 466; Gates v. Seibert, 15 l . . 57 S. W. 1065. 80 Am. St. Hep. Vested in possession. A legal term applied to a right of present enjoyment actually existing.—Vested interest. A future interest is vested when there ls a person in being who would have a right, defensible or indefensible, to the immediate possession of the property, upon the ceasing of the intermediate or preco- dent interest. Civil Code Cal. § 694. See Allison v. Allison, 101 Va. 537, 4-1 S. E. 90i, 63 R. A. J20; Hawkins v. Bohling, 168 Ill. E. -1: Stewart 17. llarrlninn, 56 H. 25, 22 Am. Rep. 40.5‘; Bunting v. Speek, Lan. 4:14, 21 Pac. 285. 3 L. R. A. 6‘.J(J.—- Vcsted legacy. A legacy is said to be vcsted when the words of the testator making the be- quest 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 ls given unconditionally and absolutely, and tberefore vests an immediate intercst in the legatee, of which the enjoyment only is deferred or postponed. Brown. See Magotlin v. l~'at.ton. 4 Rawle (Pa.) 113; Tal- mznlge v. Seaman. 85 lluu. 242. 32 N. 1. Supp. 906; Ruheucsue v. I\l(I\E€. 6 Del. Ch. :10. 6 At]. ' .—Vested remainder. See REMAIN- m:n.—Vested rights. ln 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 them- selves, 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 VIS- sanl v. Tracy. 52 La. Ann. 835. 27 South. 363, 49 L. R. A. 272; Stimson Land 00. v. Itawson

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0-1 VETITUM NAMIUM (C. C.) 62 Fed. 4%: Grinder v. Nelson. 9 Gill. 309, 52 Am. Dec. 694; Moore v. State. 43 . J. Law, 243, 39 Am. Rep. 5:33.

VESTIGIUM. Lat. In the law of evl- deuce, a vestige, mark, or slgu: a ti: ‘e, track, or impression left by a physical object. Fleta, 1. 1, c. 25, I6.

VESTING ORDER. In English law. An order which may be granted by the chuuccry division of the high court of justice. (and formerly by chancery,) passing the legal astate in lieu of a conveyance. Commissn I -is also, under modern statutes, have similar powers. St. 15 & 16 Vict. c. 55; Whaitun.

VESTRY. In ecclesiastical law. The place in a church where the priest's vesturus are deposited. Also an assembly of the min- ister, church-wardens, and parlshioneis, usu- ally held ln the vestry of the church, or in a building called a “vestry-hall," to act upon business of the church. Mozley 6: Whitley. —'Vestrf cess. A rate levied in Ireland but parothia purposes, abolished by St. 27 Vlct c. 17.—Vestry-clerk. An officer appointed to attend vestiics, and Luke an account of their proceedings, etc.—Vestry-men. A select number of parishioners elected ln large and popu- lous parishes to take care of the concerns of the parish; so called because they used ordi- nari.lyl'L to meet ln the vestry of the churcli.

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VESTURA. A crop of grass or corn. Also a garment; metaphorically applied to a possession or selsln.

VESTURA TERRE. In old English law. The vesture of the land; that ls, the corn, grass, underwood. sweeptige, and the like Co. Litt. 4!). See Simpson v. (Ice, 4 N. E. 3:11.

VESTURE. In Old Engllah law. Profit of land. "How much the uesture of an acre is worth." Cowell.

VESTURE 0}‘ LAND. A phrase icnluding fill things, trees excepted, which grow upon the surface of the land, and clothe it externally. Ham. N. P. 151.

VETERA STATUTA. Lat. Ancleut statutes. The English statutes from illumm Clmzm to the end of the reign of E(IW:ll‘lI II, are so called; those from the beginning of the reign of Edward IIl. bclug mutru- distinguished by the appellation of "1\'oi:a S!.a!.u!.a.” 2 Reeve, Eng. Law, 85.

VETITUM NAMIUM. L. Lat Where the bnliitf of a i01‘Ll distrains beasts or goods of another, and the lord forbids the bulllll to deliver them when the sheriff comes to make replevln, the owner of the cattle may demand satisfaction in plavimm de vetilo

namio. 2 Inst. 1-10; 2 BL Comm. 148.