Page:Black's Law Dictionary (Second Edition).djvu/727

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LEX SCRIPTA SI OESSET

Lex scripta si cesset, id custodiri Iportet quod xnurilms et consuetuiline lndnetum eat; et, 5! qua in re 1100 defecerit, tulle id quod proximum et eon- lequezis ei eat: et, a id 11011 apparent, tune jus qrio in-bii Romans Iititur servari .oporl:et. 7 Coke, 19. lf the written liiw be silent. that which is drawn from manners and custom ought to be obeerved; and. If that is in any manner defective, then that which is next and analogous to It; and, if that does not appear, then the law which llunie uses should he followed. This maxim of Lord Coke is so far followed at the present day that In cases where there is no precedent of the l~‘n,':lish courts, the civil law Is always heard with respect, and often, though not necessarily, followed. Wharton.

Iex semper debit rexneiliiun. The law will always give a remedy. Branch, Prlnc.; Broom, Max. 192.

Le: sexnper intendit quad convenlt rationi. Co. Lltt 7811. The law always intends what is agreeable to reason.

Lax spectnt nutin-so or-dinem. The law regards the order of nature. Co. Litt 191D.

Lex snecin-1-it ignornnti. Jenk. Cent 15. The law assists the ignorant

Le: siiecux-tit xninoribus. The law aids minors. Jenk. Cent p. 51. case 97.

Is: uno are music: nllnquitur. The law nddresses nil with one [the same] mouth or voice. 2 Inst 184.

Les. vigilantihna, non dormientibus, nilvvenit. Law assists the wakeful, not the sleeping. 1 Story, Cont § 529.

LEY. L. Fr. Law; the liiw.

—Ley civlle. In old English law. The civil or itomnu law. earb. H. S Edw. III. 42. Otberwise termed "Icy ei-c'ripI.c," the written law. Yenrb. 10 Edw. III. ?A.—I.ey ginger. Law wager‘ wager of law; the giving of gage or security la a defendant that he would make or perfect his law at a certain day. Lltt. § 514; C0. Litt. 2941). 29511.

LEY. Sp. In Spanish law. A law; the law; law in the abstract —Leyes do Estilo. In Spanish law. A collocliun of laws usually published as an appendix to the Fuero ltciil; treating of the mode of conducting suits, prosecuting them to judgment, and entering appeals. Schm. Civil Law, lntrod. 74.

LEZ]-2-MAJESTY. An offense against sovereign power; treason; rehelllon.

LIABILITY. The state of being bound or obliged in law or justice to do. pay, or make good something; legal responsibility. Wood v. Currey, 57 Cal. 209; Mclhlfrcsh v.

719

LIBEL

Kirkendall. 36 Iowa, 2"” ' Benge v. Bowling, 106 Ky. 575, 51 S. W. 131; Josliu v. New Jersey Car-Spring Co., 36 N. J. Law, 115.

LIABLE. 1. Bound or ohliged in law or equity; responsible; chargeable; answerable: compellable to make satisfaction, compensation, or restitution.

2. Exposed or subject to a given contin- gency, risk, or casualty, which is more or less p1'obahle.

—Limited liability. The liability of the members of :1 joint-sl.u(-It company may he either unlimited or iimitedj, and, if the latter, then the limitation of liability is either the amount, if any, unpaid on the shares, (in Wl:II(‘_l.I case the limit is said to be “by shares,") or such an amount as the members guaranty in the event of the compiiny being wound up, (in which case the limit. is said to be “lly guar:inty.") Brovrn.—Personal liability. The liability of the stockholders in corporations, under certain statutes, by which they may ‘he held indiin‘du- ally responsible for the debts of the corporstion, either to the extent of the par value of their respective holdings of stock, or to twice that amount, or without limit, or otherwise, as particular statute directs.

LIARD. An old French coin, or silver or copper, formerly current to a limited extent In England, and there computed as equiva- lent to a farthiug.

LIB]-IL, o. In admiralty practice. To proceed against, by filing a libel ; to seize under adiniralty process. at the commencement of a suit. Also to defame or injure a person's reputation by a published ‘writing.

LIBEL, n. In practice. The Inltintory pleading on the part of the plaintifft or cumplainnnt in an adinlralty or ecclesiastical cause, corresponding to the dcclaniition. bill. or complaint.

In the Scotch law it is the form of the complaint or ground of the charge on which either a civil action or criminal prosecution takes place. Bell.

In torts. That which is written or printed, and published. calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Palmer v. Cocnord. -18 N. H. 211, 97 Aiu. Dec. 605; Negley v. Farrow, 130 Md. 175, 45 A111. Rep. 715; “Festou v. Weston, S3 App. Div. 520, 82 N. Y. Supp. 351; Collins v. Dispatch Pub. Co., 152 Pit. 187, 25 Atl. 546, 34 Au]. SI‘. Rep. 630; E{a.rI;ford v. State, 96 Ind. 463, 49 Am. Rep. 133. Libel Is a false and unprlvileged puhlication by writing. printing, pitture, effigy, or other fixed representation to the eye which exposes any peisou to hatred, contempt, ridicule, or ohloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. Civ. Code Cal. § 45.

A libel is a false and malicious defamation of another, expressed In print or writing or

pictures or signs, tending to injure the repu-