Page:Black's Law Dictionary (Second Edition).djvu/710

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LAW 70

fuily warrant the appeliation, but at the time of its introduction it was, as has been observed, the best form of the iaiugiiage spoken in Normandy. urriIl.—Law Latin. The corriipt farm of the Latin language employed in the old English lniv-books and legal proceedings. It contained many barbarous words and coniliiua[ions.—Law ist. An annual En,-rlish publication of a quasi official character. comprising various statistics of interest in connection with the legal profession. It includes (among other information) the following matters: A list of judges. qiit-en’a counsel, and serjeants at law; the judges of the county courts: benchers of the inns of court; barristers in alphabetical order; the names of r.-onnse practicing in the several circuits of England and Walns: London attorneys: country attorneys; officers of the courts of chacnery and common law; tiic magistrates and law officers of the citv of London; the metro- poiitan magistrates and police; recorders; coun- iy court oiiirers and circuits; lord lieutenants and sheriffs; coloniai judges and olliccrs; piib- tic notarics. Mozlry & \\’hitlev.—Law lords. Peeni ID the liiitish parliament who have licid high judicial iillice, or haw iJ(‘('D di.-itm "shed in the legal profession. \iozley E: W'h 'ley.— Law martin). See l\lii‘.'r1AL LAw. Law merchant. See I\IEIZCANl‘i[E LAW —Law of nations. See IN'ii:uNA'rio‘uiL IiA\v.—I.a.w of nature. See NATURAL LAw.—La.w of arms. [hut law which gives precepts and rules concerning war: how to mnke and ob- serve leagues and tnice. to pun »h oliendera in the camp, and such like Cowrll; Blnunt. \iow more commonly called the "law of war." —Law of citations. In Itoinan law. An act of Vnlentinian, passed A. . '7‘ providing that the writings of only live jurists. viii... Pa- pininn. Paul. Gains. Llpian, and ‘Alodestinns. should be quoted as authorities. The majority was binding on the Judge. If they were rqually divided the opinion of Papiniiin was to pi:-vail; and in such a case, if Papinian was siicnt upon lbe matter, then the judge was free to follow his own view of the matter. rown. —Law of evidence. The aggregate of rules and principles regulating the adinissihility_ relevancy, and weight and sutficiency of evi- dence in legoi proceedings. See Ballingei-‘s Ann. Codes & St. Or. 1901. 5 (i'lS.—Law of marque. A sort of law of repi-isal, which entitles him who has received any Wrong from another and cannot get ordinary justice to take the shipping or goods of the wrong-doer. where he can hnd them within his O\\E| bounds or precincts, in satisfaction of the wrong. Cow- ell; Brown.—Laws of Oleron. See OLERON. Iavis oi-‘.—I.aw of the case. A ruling or decision once made in a particular case by an appellate court, vihile it may he overruled in other cases. is binding and conclusive hoth upon the inferior court in any fuither steps or proceedings in the same litigation and upon» the appellate court ilself in any subsequent appeai 01' other proceeding for review. A ruling ' ou so made is said to be "the law of ass." See Hastings v. Foxvi-orthy. 45 . (576. 63 N. W. 955. 34 L. IL A. 321: Sta Jard Sewing Mn h. o. v. Igslie, 118 Fed. ' 55 C. . A. 333' l\IcK ncy Ind. 26. 19 N.

9 V. State. 117

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E 613: “ilson v. Biuford. 81 Ind. 5Sl1.—Luw of the flag. In maritime law. The law of that nation or country whose ling is lioivn by a part‘-‘iilar vessel. A shipowner who sends his vessel into a foreign port gives notice by his flag‘ to all who enter into iontracts with the master that he intends the law of that ling to regulate such contracts, and that they must either submit to its operation or not contract with him. Ruhstrat v. People, 185 III. 133, 57 N. E. 4.1. 49 L. 1!. A 181. '76

m. St. Rep. 30.—Law of the land. Due psocess of law, _(q. '1'.) By the law of the land is most clearly intended the general law which

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LAW

hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. The meaning is that every citizen slinii hold his iife. liberty. pro rty, and immu es under the protection o general mics which govern society. Everything which may pass under the form of on enactment is not the law of the land. Sedz. St. & Const. Law. (N Ed.) 475. \\ hen first used in Mamia Charla, the phrase “the- law of the land" probably meant the established law of the kingdom, in opposition to the civil or Roman law, which was about being introduced. It is now generally regarded as meaning general public laws binding on all members of the community. in contra- distinction from partial or private laws. Jones v. Reynolds. 2 Tex. 2251: State v. Burnett. 6 Heisk. (Teun.) 186. It means due process of law warranted by the constitution, by the com- mon law adopted by the constitution. or_liy statutes passed in pursuance of the constitution. Mayo v. Wilson. 1 N. H. 53.—-Law _of the road. A general custom in America (made obligatory by statute in some states) for pedestrians and vehicles, when mseting in a street or road, to turn to the right in order to aioid danger of collision. See Iiiepe v. Eltins. Si) Iowa. S2. 56 N rm, 4S Am. St. R ' man. 41 Misc Rep. . '3 N. Y. Supp Decatur v. Stoops. 21 Ind. App. 397. 52 iV. (;‘23.—I.aw of the staple. Lav. administered in the cuiirt of the mayor of the stapie; the law-merchant. 4 Inst. 235. See §'l‘.\l’LE.— Laws of war. This term denotes a branch at public international law, and comprises the body of mics and principles observed by civil_i

ed nations for the reguliition of matters inherent in, or incidental to, the conduct of a public war: such, for example, as the relations of neutrals and belligei-ents. bloclnides. raptiires, prizes. truces and ilrniistlces. capitals- ‘ ions of war and

tions, pl‘iSDnP1'S, and coin- peace —Laws of i or‘.—-Law reports. taining the reports of cases argued and adjudg- ed in the courts of law.—Law spiritual. The ecclesiastical law, or law Christian. 00. Litt. 3 .—Law war y. Being entitled to, or having the benefit and protection of, the law.—- Incai law. A law which. instead of relating to and binding all persons. C0rp0l‘a|.i0llS, or institutions to iihich it may be appiicable, within the whole territorial jurisdiction of the inw- making power, is limited in its operation to certain districts of such territory or to .r-rrtain individual prrsous or corporations. See GENER- AL LAW.—Persunsi law, as opposed to territorial law. is the law applicable to persons not subject to the law of the territory in which they reside. It is only by permission of the territorial law that personal law can e ist at the present day; 2. g., it applies to iish subjects resident in the Levant and in other Mohammedan and iiai-barons countries. Under the Romnn Empire. it had a very iiide applicatiou. Brown.

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As to the different kinds of law, or law regarded in its different aspects, see Ao.ri:c- TIVE LAW: Al1MINlEi'1‘RA'l'I\'E LAW; BANK- BlJ'ETC‘\' Luv; CANON LAw- CASE Law: CIV- IL LAw Cou:imac1AL LA“ CONSTITUTIONAL LAW; Cniuinsi. . FOPEST LAW; I1v'n:n.i\‘A'rIoi\‘AL_ LAW: l\lAn1- runs LAW: l\lAu'riAL LAW: l\IERcANri:LE LAW: 1\lrLrrAsY LAW; MDRAL LAW; Mu- NIci_vAL LAW-. NATURAL LAW: ORGANIC LAw; PABLIAMENTAEY LAW; PENAL LAW: Posrrrvz LAW; Pi:IvA-rs LAW: Punrio LAw; Rumo- EPLUTIVE Law: REVENUE LAW: Roiiarl LAW;

SUBSTANTIVE LAW; WRITTEN LAW.