Page:Black's Law Dictionary (Second Edition).djvu/1221

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VOLUNTARY

As to voluntary “Answer," "Assignment,” "Bankruptcy," “Confession." "Convey:iuce,” "Deposit," “Escope," “.IurisdicLion." "M1111- shinghter," "Nonsuit," "Oath," “Payment-." "Redemption." "Sale," "Settlement." “Tl”l1St." and “Waste," see those titles.

VOLIJNTAS. Lat. Properly, volition, purpose, or intention, or a design or the feciing or impulse which prompts the commission of an act; but in old English law the term was often used to denote a will. that is. the last will and testament of a decedent. more properly called tcslimicutum.

Voluntaa donate:-is in chin-ta don! lul manifests expressa. oliservetur. Co. Litt. 21. The will of the donor manifestly expressed in his deed of gift is to be observed.

Voluntas est junta sententia de en quad quis post mnrtem snnm fieri velit. A will is an exact opinion or determination concerning that which each one wishes to be done after his death.

Voluntas et propoaitinn tiistinguunt malefiein. The will and the proposed and distinguish crimes. Bract. fols. 2b, 13617.

Voluntnu tacit quad. in testainento Icriptum valeat. Dig. 30, 1, 12, 3. It is intention which gives effect to the wording of a will.

Voluntau in delictia, non exitiu speetatnr. 2 Inst. 57. In crimes, the will, and not the consequence. is iooked to.

Volnntnu repntntnr pro faoto. The intention is to be taken for the deed. 3 Inst. 09; Broom, Max. 311.

Volnntru testatox-in eat amlrulatoi-ls nuqne ad extremum vitae exitnm. 4 Coke, 61. The will of a testator is ambulatory until the latest moment of life

Voluntal testntorls haliet interprets.- tionem lntain et henignnm. Jenk. Cent. 260. The intention of a tcstator has a broad and benign-ant interpretation

Volnntas nltinna. teststaz-in est perimplendn. Iecnntlum veram intentionem snnm. CO. Litt. 322. The lust Will of the [(:.\'['.1t0l' is to be fultiiied according to his true intention.

VOLUNTEER. In conveyancing, one who holds a title under a voluntary convey- ance, i. e., one made without consideration. good or valuable. to support it.

A person who gives his services without any express or implied promise of remuneration in return is called i1 “volunteer," and is entitled to no remuneration for his services,

1213

VOUCHEE

nor to any compensation for injuries sustained by him In performing what he has undertaken Sweet. Also one who officiously pays the debt of another. See Irvine v. An- gus. 93 Fed 633. 35 C. 0. A. 501; Arnold v. Green, 116 N. Y. 566. 23 N. E. 1; Bennett v. Chandler. 199 Ill. 97. 6-1 N. E. 1052; Welch v. lilnine Cent. R. Co., 86 Me. 552. 30 Atl. 116, 25 L. R. A. 658.

In military law, the term designates one who freely and voinntnrily offers himself for sers ice in the army oi- nary; as distinguished from one who is compelled to serve by draft or cousciiption, and also from one entered by enlistment in the standing army.

VOTE. Suffrage; the expression of his will, preference, or choice, formally mani- fested by a member of a legislative or deliberntive body, or of a constituency or a body of qualified electors, in regard to the deci- sion to be made by the bodv as a whole upon any proposed measure or proceeding, or the selection of an officer or representative. And the aggregate of the expressions of will or choice, thus manifested by individuals, is called the “vote of the body." See Maynard v. Board of Canvassers, 84 Mich. 228. 47 N. W. 756, 11 L. R. A. 332; Gillespie v. Palmer, 20 \rVls. 546; Davis v. Brown, 46 W. Va. 716, 34 S. E. 839. —Cnsting vote. voting.

See that title.—Cnmn1stive See CUMULATIVE.

VOTER. One who has the right of giving his voice or sufii-age.

VOTES AND PEOCEEDDVGS. In the houses of parliament the clerks at the tables make brief entries of all that is actually done; and these minutes, which are printed from day to day for the use of members, are called the “votes and proceedings of parlia- men ." From these votes and proceedings the journals of the house are subsequently prepared, by making the entries at greater length. Brown.

VO’.l."UM. Lot A vow or promise. Dias votorum, the wedding day. Flem 1. 1, c. 4.

VOUCH. To call upon; to call in to warranty; to call upon the grantor or warrsntor to defend the title to an estate.

To vouch is to call upon, rely on, or quote as an authority. Thus, in the old writers. to vouch a case or report is to quote it as an authority. Co. Litt. 70a.

VOUCHEE. In common recoveries, the

person who is called to warrant or defend the title is called the “vouchee." 2 Bouv. Inst. no. 2093. —Common vonchee. In common recoveries, the person who is vouched to wnrranty. In this fictitious proceeding the crier of the court ususi- ly performs the office of a common vouehee. 2

Bl. Comm. 358; 2 Bouv. Inst. n. 2093.