Page:Black's Law Dictionary (Second Edition).djvu/1217

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VINDICARE

VINDICARE. 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 cialm a properly in a thing; to claim a thing as one’s own. Caivin.

VINDICATIO.}} Let in the clvii 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 negiect 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 acia came to be distinguished by the term; 2. 17., one of the three ancient modes of manumission was by the nmdicza: also the rod or wand inter- vened in the progress of the old action of vindicauo, whence the name of that action. Brown.

VINDICTIVE DAMAGES. A0155.

See DAM-

VINOUS LIQITORS. This term includes all alcoholic beverages made from the juice of the grape by the process of fermentation, and perhaps similar iiquors made from appies and from some species of berries; but not pure nlcohoi nor distilled liquors nor mait iiquors such as beer and ale. See Ad- ler v. State. 5 Ala. 23; Reyfelt v. State. 73 Miss. 415. 18 South. 925: Lemly v. State. 70 Miss. 241., 12 South. 22, 20 L. R. A. 6-15; Com. v. Re} hurg. 122 Pa. 299, 16 Ati. 351, 2 L. R A 41.‘); Feldman v. Morrison. 1 Ili. App. 462: Hinton v. State, 132 Ala. 29, 31 South. 563.

VIOL. Fr. In French law. Rape. Barring, on 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 shaii v1'ola.m the klm's companion shaii be guiily of high treason.

VIOLATION OF SAFE COITDUCTS. An offense against the lnvss of nations. 4 Steph. Comm. 217.

VIOLENCE. The term "violence" is synonymous with "physical force," and the two are used interchangeahiy, in relation to assanite, by eiementury writers on criminal law. State v. Wsils, 31 Conn. 212.

VIOLENT. Characterized or caused by vioience; severe; assaiiing the person (and

1209

VIRGA

metaphorically, the mind) with a great de- gree of force.

—Violent death. Death caused by Violent external means, as distinguished from naturai death, caused by discnse 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. Vioient presumption is many times equai to tnli proof. Id. See Davis V. Curry. 2 Bibb (Ky.) 239; Shealy v. Edwards, 75 Ala. 419.—Violent profits. Mesue profits in Scotland. “They are so calied hecause due on the tenant's forc-ihie or nnwarrsntable de-

taining the possession nfter he ought to have removed." Ersk. Inst. 2, 6, 54; Beil.

Violante. praasnmptio aliqunndo est plan: jnrobntio. Co. Litt GD. Vioient presumption is sometima full proof.

VIOLENTLY. By the use of force; forci- bly; with violence. The term is used in indictmente for certain offenses. State v. Blake, 39 l\Ie. 324; State v. Williams, 32 La. Ann. 337, 36 Am. Rep. 272; Craig v. State. 157 Ind. 574, 62 N. E. 5.

Viper-in: est expo:-ltin gun oorrodit viscera textus. 11 Coke, 34. it is a poison- ous exposition which destroys the Vitals of the text.

VIR. Let A man, especially as marking the sex. In the Latin phrases and max- ims of the aid English law, this word generaily means "husband," the expression vir et uxor corresponding to the law French Daron at feme.

Vir at uxor oensentur in lega nna Inersona. Jenk. Cent. 21'. Hushand and wife are considered one person in law.

Vir et uxor aunt quasi union jnersona, qnia care at annguis unus; res licet sit proprin uxoris, Vir tnanen ejlu oustos, cum lit cnjnlt tulllieria. CO. Litt 1.12. Man and wife are, as it were. one person, because only one flesh and biood; although the property may be the wife's, the husband is keeper of it, since he is the head of the wife.

Vir militans Den nan lmplicetur secu- lariblu negotiin. Co. Litt. 1'0. A man fighting for God must not be invoived in sec- ular business.

VTRES. [AL (The plurai of “1;1‘.s.") Pow- ers; forces; capsbiiities; natural powers; powers granted or limited. See Umaa Vmns.

Viral aoquirit eundo. it gains strength by continuance. Mann v. Mann's Ex'rs, 1 Johns. Ch. (N. Y.) 23], 237.

VIRGA. staff ; a rod or ensign of oiiice.

in old Engilsh law. A rod or

Cowell.