Page:Black's Law Dictionary (Second Edition).djvu/725

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LEX

the common law. Hale, Com. Law, 52.—Lex imperstorlu. The Imperial or Roman law. Quoted under this name, by Flcta. lib. ‘l. C. I 15; Id. lib. 3. c. 10. § 3.—Lex judicinhs. An ordeal.—Lex xnanifestn. hlauifest or open law; the trial by ducl or ordeal. The same with lee ammrens, (q. 1:.) In King John‘s chartcr (chapter 3?) and the articles of that charter (dmptcr 28) the word "m.r1m'festam" is omitted. ——Lex non scripts. The unwritten or_r.'mnmou law, which includes general and particular customs: and particular local laws—Lex sno- rmnentslis. Purgation by oath.—Lex scriptn. Written law; law deriving its force, not from usage, but from express legislative enact- ment: stntute law. 1 Bl. Comm. G2, 83.—Lex terraz. The law of the land. The common law. ur the due course of the common law: the general la“ of the land. Brnct. fol. 171:. Equiv- nlcnt to "due process of law." In the strictest sense, trial by oath; the privilege of making oath. Bracton uses the phrase to denote a free- n:sn's privilege of being sworn in court as a juror or witness. vlhich jurors convictcd of Der- jégry forfeited, (lc-yam term: amittant.) Bract. L .

In modern American and Englislr ju- risprudence. A system or body of laws, written or unwritten, or so much thereof as may be applicable to a particular case or question, considered as being local or peculiar to a given state. country, or jurisdiction, or as being different from the laws or rules relating to the same suhjcct-mutter which prevail in some other place.

-Lex domieilii. The law of the domicile. 2 . Kent. Cnmm. 11'.-3. 433.—Lex fori. The law of the forum, or court: that is, the positive law of the state. country, or jurisdiction of whose judicial system the court where the suit is brought or remedy sought is an integral part. “Remedies upon contracts and their incidents are regulated and pursued according to the law of the place where the action is '

the lea‘ loci has no spplicntio 2 Kent. Comm 462. "The remedies are to be governed

m L’ n r: - ro P

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hy the laws of the countrv where the suit is brought; or._

is comnendiously cxprossed. B nk of United States v. Don- S L. Ed. 974 “So fur us


at the place where that remedy is sought must govern. But, so far as the law of the construction, the legal operation and effect, of the contract. is concerned. it is governed by the law of the plan» where the contract is marlc." Warren v. f‘npclin_ 4 l\Ictc. (Vlass) 594. 597. See LEX LOCI ('o~'rn.A(:r(;s_—Lex loci. The law of the place. Th l'll'ly he of the following several descriptions: I ca: 1001 cont:-uctux, the law of the place where the contract vms made or to be performed: Icr loci ar-tits, the law of the place where the act was done: lea: loci rci sing, the law of the place vvhcre the subject—m-ittcr is situated; lea: loci dnvnirilii, the law of the place of dnmicile.—Lex loci ountractns. The law of the place of the contract. The local law which governs as to the nature. construction, nnd \-'ilidi)t(Y of :1 contract. Sce Pn'lah-\rd v. ,\'nrIon. l1 2 U. S. 124 1 Sup. Ct. 102. 27 L, Ed 104: (iihsnn v. ('0nne('ti(‘ut F. Ins. Co. K‘. 1".) T7 Fed. :'il‘»?i.—-—I.ex loci delictus. The law Of the pl-icc where the crime took place.—Lex lad rei ' The law of the place where :1 thing is sit atcd. “It is equally settled in the law of sll civilized countries that real property, as to its tenure, mode of enjoyment, transfer, and descent. is to be regulated by the lam lnoi r-4' sit " 2 Kent. Cnmm. -12"l.—Lex loci solntinnis. The law of the place of solution; the law of the place where payment or perform-

717

LEX EST DICTAMEN RATIONIS

ance of a contract is to be made.—l'..ex ordi- nandj. ’ he same as in fori, (g. 1:.)—Lex rei sitas. The law of the place of situation of the thing.—Lex sitns. Modern law Latin for "the law of the place where property is situated.“ The general rule is that lands and other un- Lnovahlcs are governed by the lea uitua; 1'. 9., by the law of the country in which they are sit- nnted. WestL Priv. Int. Law, 62.

Le: mqnitnte galldet. Law delights in equity. Jenk Cent. p. 36, case 69.

Le: aliqnmndu seqnitnr sequitatem. Law sometimes follows equity. 3 Wils. 119.

Le: Anglia est lex Inisericordiaa. 2 Inst. 315. The law of England is a law of mercy.

Lex Anglia: non patitnr nbsnx-dnxn. 9 Coke, 22:1. The law of England does not suffer an absurdity.

Lex Anglise nunqnam mntria sad semper pat:-is oomlitionem imitnri partnm judicat. Co. Lltt. 123. The law of England rules that the offspring shall always follow the r.-ondition of the father. never that of the mother.

Le): Anglia nunqnam sine parlismento mntm-i potent. 2 Inst. 218. The law of England cannot be changed but by parlia- ment.

Lex beneflcinli: rel consimili remedinm prsnstnt. 2 Inst. 689. A beneficial law at- furds a remedy for a similar case.

Lex citing tolea-are vult pi-ivatnm dam- nnm qnann pnhllcnm malum. The law wi.li more readrly tolerate a pi-irate loss than a public evil. Co. Lltt. 162.

Let. contra id quad prsesnmit, probl- tionem non necipit. '1he law -idmils no proof against that which it presumes. Lofft, 573.

Lex dc fntnra, jndex do punter-ito. The law provides for the future, the judge for the past.

Le: delicate non potesi: in justitis. ex- hihenda. Co. Lltt. 1:17. The law cannot be defective In dispensing justice.

Lax dilntionel uemper exlmrx-et. 2 Inst. 240. The law always ahhors delays.

Lex est ab seterno. Law is from ever- lasting. A strong expression to denote the remote antiquity of the law. Jenk. Cent. 13. 34, case 66.

Lex est djctamcn 1-stionis. Law is the dictate of reason. Jenk. Cent. p. 117. case 33. The common law will judge according

to the law of nature and the public good.