Page:Black's Law Dictionary (Second Edition).djvu/717

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his representatives and to exercise his ju- risdiction in countries where the Roman Catholic Church is estabiished by law.

LEGATION. An embassy; a diplomatic minister and his suite; the persons commissioiieii by one government to exercise diplo- niiitic functions at the court of another, icnluding the minister, secretaries, attaches, iiitenireters, etc. are collectii-eiy styied the "ie_::it.ion" of their government. The word also denotes the othcial residence of a foreign minister LEGATDR. One who makes it will, and ie.ives legacies

LEGATORY. The third part of a free- iuiiirs personal estate, which by the custom of London, In case he had a wife and chil- dren, the 1'i' might aiivays have t].isposed of by “in. Bac. Abr. “Customs of London." D. 4

Legato: violnre contra jua gentium est. 4 Coke, prcf. It is contrary to the law of nations to injure ambassadors.

LEGATUM. Lat. In the civil law. A legacy ; a gift left by it deceased person. to be executed by the heir. Inst. 2, 20, 1.

In old English law. A legacy given to the church, or an accustomed mortuary. l.‘u\»'ci.i. '

Legatum matte testatoril tnntum con- flrmntur. niaut donntin inter viva: tra- ditione iiola. Dyer, 143. A legacy is con- ui-incd by the death of a testator, in the same iniinncr as a gift from I]. living person is by delivery alone.

LEGATUM OPTIONIS. In Roman law. A legticy to A. B, of any articie or articles that A. B. liked to choose or select out of the testator's estate. If A. B. died after the testaitor, but before making the choice or selection, his representative (hwres) could not, prior to Justinian, make the seicction for him, but the legacy failed altogether. Justinian, however, made the legacy good, and enabled the representative to choose. Broivn.

Legatua 1-egiii vice fungitur a quo destinatur et honornndus est licut ills cujua vicem gerlt. 12 Coke. 17. An ambassador fills the place of the king by whom he is sent and is to be honored as he is whose ]l1li(e he fills.

LEGEM. Lat Accusative of tea), law. Occurring in various legal phrases, as follows:

_—-Legem aniittere. To lose one‘: law; that is. to lose one's privilege of being admitted to take an oafh.—Le_geui face:-e. In old English law. To make law or oath.—Legem lei-re. In Roman law. To propose a law to the people



for their adoption. Heinecc. Ant. Rom. iib. 1, tit. 2.—Legem hnhere. To be capable of giving evidence upon oath. Wilnesses who had been convicted of ciime were incapable of giving evidence, until 6 S: 7 Vict. c. S3.—Legem juliez-e. In Roman law. To give consent and authority to a proposed law: to make or pass it. Tayi. Civil Lao, 9.—Legeni pone. To pruponnd or lay down the law. By an extreme- ly obscure tlcrivation or analogy, this term was formerly used as a slang equivalent for pay- ment in cash or in ready money;-Legem uniscere. To give consent and authority to a pro- posed law; applied to the consent of the pen- pie.—Legem vadiare. In aid English law. D2 wage law; to other or to give pledge to make defense, by oath, m'I'.h compurgators.

Iiegem terrie axnittentes, perpetustm infnmiae notani inde morito incur:-unt. Those who lose the law or the iaud, then justiy incur the lnelfnceable biaud of in- famy. 3 Inst. 2221.

LEG]-IS. Lat Laws. At Rome, the legs» (the dot-rces of the people in a strict sense) were laws which were proposed by a magistrate presiding in the senate, and adopted by the Roman people in the coniitia ceiituriata lllackeid. Ibom. Law, 5 31.

—Legen Augliie. The laws of England, as distingiiishcil [mm the civil law and other foreign systenis.—I.egas non ncriptre. in English law. Unwritten or customary laws, icnluding those ancient acts of parliament which were made before time of memory. l'Iile. Com. Law, 5. See 1 Bl. Comm. 63. 64. Legal sci-iptre. In English law. Wiitten laws; stat- ntc laws, or acts of parliament which ars orig- inally rcduced into writing before they are enacted, or reteive any binding power. Hale, Com. Law. 1, Lego: sub graviori lege. Lams under u we -litier law. I-Liie, Coin. Lair, 46, 4-i.—Lcgea tabelliu-ire. Roman laws reg- ulating the mode of voting by haiiot, (tabellm) 1 Kent, Comm. 232, note.

Anglire aunt tripartit:e,— uii commune, eonsuetudines, an decretu. comitioruni. The laws of England are tiireefold,—conimon law, customs, and de~ crees of pariitiinent.


Legea figenrli et 1-eflgendj consuetudn est pea-iculosissinia. The practice of fixing and refixing [m.-iitiim and reniaiiing] the laws is a most dangerous one. -1 (Joke, pref.

Legen humnna: nnscuntnr, vivunt, et moi-iuntur. Human laws are born. live, and (lie. 7 (Julie, 25; 2 Atk. G74: 11 C. B. 767; 1 Bl. Comm. S9.

Legen uatu:-re perfectiasinue aunt at inimutnbiles; humani were jux-is conditio semper in inflnitnm tlecurrit, ct niliil est in en quod perpetuo stare pnsnit. Leges humanae nnscuutur, vlvunt, mo- riuntuz-. The laws of nature are most perfect and immutable; but the condition of human law is an unending succession, and there is nothing in it which can continue perpetually. Human laws are born, live, and

die. 7 Coke. 25.