Page:Black's Law Dictionary (Second Edition).djvu/1218

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VIRGA TERRÆ

VIRGA TERRÆ, (or VIRGATA TER.- RÆ.) In old English law. A yard-land; a measure of land of variable quantity, containing in some places twenty, in others twenty-four, in others thirty, and in others forty, acres. Cowell; Co. Litt. 5a,.

VIRGATA REGIA. In old English law. The verge: the bounds of the king's house hold, within which the court of the steward hail jurisdiction. Crnbb, Eng. Law, 185.

VIRGATE. A yard-iand.

VIRG-E, TENANT BY. A species of copyholder, who holds by the virge or rod.

VIRGO IN'.l.‘AC'l‘A_ Lat. A pure virgin

VIRIDARIO ELIGENDO. A Writ for choice of a verderer in the forest Reg. Orig. I77

Vl'R.l‘LIA. The privy members of a man, to cut on which was feiony by the common law, though the party consented to it. Bract. I. 3, 144: Gowell.

VIRTU]-J. The phrase “'by virtue" differs in meaning from “under color." For instance, the proper fees are received by virtue of the office; extortion is under color of the office. Any rightfui act in office is by virtue of the office. A wrongful act in office

may be under color of the office. Phil. Law, zisn. ‘vrivrtvri-: cvsvs. Lat. By virtue

whereof. This was the clause in a pleading justifying an entry upon iaud, by which the party alleged that it was in virtue of an order from one entitled that he entered. Wharton.

VIRTUTE OFFICII. Lat. By virtue of his office. By the authority vested in him as the incumbent of the particular office.

1715. Let. Any kind of force, violence, or disturbance relating to a man's person or his property.

—-Via ablative. In the civil Law. Ahiative foi-re; force which is exerted in taking away a thing from another. Cniviii.—Vis arrnata. In the civil and old English law. Armed force: force s-_roi'ted by means of arms or vi.eapons.—Vis clandestinn. 1n old English law. Clandestine force: such as is used by night. Bract. foi. 1G2.—Via comjlulsiva. In the civil and old English law. Compulsive force; that which is exerted to compel another to do an act against his will: force exerted by menaca or tei'roi'.—Vis divine. In the civil law. Divine or superhuman force; the act of God—Vis et metua. In Scotch law. Force and fear. Bell. —Via expnlsiva. In old Engiieh law. Expuisive force; force used to expei another, or put him out of his possession. Bracton contrasts it with “vii: simpler," and divides it into expulsive force with arms, and expulsive force without arms. Brzict. fol. 1(':2.—Vis extin- liativn. In the civil Law. Exturb.-itive force;

1210

VISITATION

force used to thrust out another. Force used between two contending claimants of possession, the one endenvorim; to lhriist out the other. Oaivin.—Vis finminis. In the civil law. The force of a river; the force cxeri-il b‘\ a stream or current; water-power—Vis un- jrressa. The original act of force out of nhic_h an injury arises, as distinguished from “via pro<r1'«nia," the proximate force, or immediate cause of the injury. 2 Green]. Ev. 5 214.- Vis inerniiii. in old Eugiish law. Unarmed force; the opposite of “via uzriiiatzz." Bract fol. 162.—Vis injuriosa. In old English law. Wrongful force; otherwise called “lilo:-iiu.” fiunlawful.) Bractfoi. 162. VI: inqnietativa n the chi! law. Disquieting force. Calvin. Bracton defines it to be where one does not permit another to use his possession quietly iind in peace. Bract. foi. l(3‘2.—Vis Iaica. In d English law. Lay force: an armed force used to hoid possession of a church. Reg. Orig. 59. 60.—Vis licita. In old English law. Lawful force. Briiet foi. 1G2.p—Vis major. A greater or superior force; an irresistible force. This term is much used in the law of bailments to denote the interposition of vioience or coercion proceeding from human agency, (wherein it differs from the “act of God.") but of such a character and strength as to be beyond the powers of resistance or control of those against whom it is directed; for exnmpie, the attack of the public enemy or a band of irstcs See The George Shims, G1 Fed. 300. 9 C. A. 511: Brousseau v. The Hudson, 11 La. Ann. 428; Nugent v. Smith, 1 C. P. Div. 437. In the civil law, this term is sometimes ued as synonymous with "ma ifivi'na.." or the act of God, alvin. —Vis pertubatlva. In old English law. Force used between pnrtiss contending for I possession_—Vis jiroxjma. Immediate force. See Vrs IMPBESSA.—-Vi! simplex. In aid English liiw. Simple or mere force.

Distin- uished by Bracton from "via armala," and also am “via e.z‘puIaiva.." Bract. E01. 162.

Vin legihiu est inirnica. 3 Lust 176. Vloience is ininiicsl to the laws.

VISA. An official indorsemenl. upon a document, passport, commercial book, etc.. to certify that lt has been examined and found correct or in due form.

VISCOUNT. A decree of English nobility, next heiow that of eari. An old title of the sheriff.

VISE. An indoi-sement made on a pussport by the proper authorities, denoting that it has been examined, and that the person who hears it is permitted to proceed on his journey. Webster.

VISIT. In internationni law The right of visit or visitation is the right of a cruiser or wnr-ship to stop a vessei saiilng under another flag on the high seas, and send an otlicer to such vessel to ascertain whether her nationniity is what it purports to be. It is exercisable only when suspicious circum- stances attend the vessel to be visited; as when she is suspected of a piraticxii char- acter.

VIS1"1‘ATION. Inspection : superintendenee; direction; regulation. A power given by law to the founders of all e1eemosy-