Page:Black's Law Dictionary (Second Edition).djvu/730

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


LIBERTATIBUS EXIGENDIS

LIBERTATIBUS EXIGENDIS IN LINERE. An ancient writ whereby the king commanded the justices in eyre to admit of an attorney for the defense of another's liberty. Reg. Orig. 19.

LIBERTI, LIBERTINI. Lat. In Rom- an law. Free-dmaii. There seems to have been some difference in the use of these two words; the former denoting the maniiinitted shives considered in their relations with their f(u'mcr master, who was now called their “patron :" the latter term describing the status of the some per-sons in the general social economy of Rome.

LIBERTICIDE. A destroyer of liberty. LIBERTIES. Privileged districts exempt

from the sheriff's jurisdiction; as, “gaol

liberties" or "jail liberties.” See GAOL.

Liliertiniim ingi-atriin leges civilel in pi-istiimni sex-witiitexn redigunt; sod le- ges Angliiii semel xnnnluiiissniu lemper lihsrnm juilicnnt. C0. Litt. 137. The CiVl.l laws reduce an ungrateful freedhmn to his original elavery; but the laws of England regard a man once maiiuiinitted us ever after free

LIBERTY. 1. Freedom; exemption from extraneous control. The power of the will, in its moral treedoni, to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint. coercion, or control from other persons. See Booth v. Illinois, 134 U. S. 425, 22 Sup. Ct. 425. 46 L. Ed. 623; Munn v. Illinois. 94 U. S. 142, 24 L Ed. 77; People v. W;iiilen of City Prison, 157 N. Y. 110. 51 N. E. 1006, 43 L. R. A. 264, 68 Am. St. Rep. ' Bcssette v. People. 193 I11. 334, 62 N.

iii‘ , E. 215. 56 L. R. A. 558; State v. Continental Tobacco Co., 177 Mo. 1, 75 S. W. 737; Kuhn 1.‘. Detroit City Council. 70 Mich. 531. 38 N. W. 470; People v. Judson, 11 Daily (N. Y.) 1.

"Liberty," as used in the proiision of the fouitcentli amendment to the federal constitution, forbidding the states to deprive any person of life, liberty, or property without due process of law, includes, it seems. not mcrely the right of a person to be free from physical restraint, but to be free in the enjoyment of all his faculties in all lawful wa_ to liie and work where he vii ; to earn his litelihood by any lawful calling to pursue -iny livelihood or avocation; and for that purpose to enter into all contracts which may be proper. necessary, ond essential to currving out the urposes above mentioned. Allgcycr v. State o Loiiisi- ana, 17 Sup. Ct. 427, 165 U. S. 578. 41 L Ed, 832.

2. The word also means a franchise or personal privilege, being some part of the sovereign power, vested in an individual. either by grant or prescription.

3. In a derivative sense, the term denotes the place. district or boundaries within which a special franchise is enjoyed, an Im- munity claimed, or a jurisdiction exercised.

<1

722

LIBERTY

In this sense, the term is commonly used in the plural: as the "liberties of the city," “the northern liberties of Philadelphia."

—Civil liberty. The liberty of a member ol society, being a man's natural liberty, so for restrained by human laws land no further) as is necessary and expedient for the general an vantage of the public 1 Bl. Comm. 125: Staph. The power of doing whatever the laws permit. 1 Bl. Comm. 6: inst. 1, 3. 1. See l’eop_lc v. Bcrberrich, 20 Barb. (N. Y.) ' Fci'i'ier, 103 Ill. 372, 43 Aui. R 10

v. Moses, 18 Wush. 537. 52 Pac . ‘. L. . A. 303; State v. Kreutzlicrg, 114 L. 530, 90 V. W. 1098, 58 L. H. A. 748, 91 Am. St. Rep. i ; Hayes v. Mitchell, 139 Ala. 454: Bell v. Gaynor. 14 Misc. Rep. 334, 36 N. Y. Supp. 122 The greatest amount of absolute libeity wbicii can, in the nature of things, he equally possessed by every citizen in a state. liouvier. Guar- anticd protection against interference with the interests and rights hold dear and important by large classes of civilized men, or by all the members of a state, together with an effectual share in the making and administration of the


re

laws, as the best apparatus to secure that pro- ,

tection Lieher, Civ. Lib. 2-l.—Lihcri:y of a port. In marine insurance. A license or permission incorporated in a marine policy allowing the vessel to touch and trade at a designated port other than the principal port of destination. Sec Allegra v. Marvlnnd Ins. Co., 8 Gill & J. Old.) 200. 29 Am. Dec. 536.—LiI1erty of conscience. Religious liberty, as defined be- low.—Lihe1-ty of speech. Freedom accorded by the constitution or laws of a state to express opinions and facts by word of mouth. uncontrolled by any censorship or restrictions of governnient.—I.iher-ty of the globe. in marine insurance. A license or perm‘ i corporatecl in a marine policy author Vessel to go to any part of the world, of hcing confined to a particular port tination. See Eyre v. Marine Ins. Whnrt. ('Pn.) 2-i4.—LiI1eri: of the

‘ y press. The right to print and publish the truth, from

good motives and for justih.-able ends. People v. Crosucll. 3 Johns. Cas. .594. The right frec- ly to puhlisii whatever the citizen may please. and to be protected against any rvspoiisibility for so doing except so for us such publications, from their blasphemy. obscenity, or scandalous character, uiav be a ulilic olfenso, or as hy their falsehood and ma ice they mav iujnrionsly affect the standing, reputation, or pecuniary interests of individuals. Cooley, Coust. Lim. p. 422. It is said to consist in this: "That neitlior courts of justice, nor any judges whatever. are authorized to take notice of writings intcndrd for the press, but are confined to those which are actually printed" De Lolme, hug. Coust. 25-3i.—Liherty of the rules. A priv- liege to go out of the Fleet and Maisbalsea prisons within certain limits, and there re-side. Aholished by E & 6 Vict. c 22.—LiI1erty to hold pleas. The liberty of having a court of one's own. Thus certain lords had the privi- lege of holding’ pleas within their own inanors. —Natur-nl liberty. The power of acting as one thinks fit, without any restraint or control, unless by the low of nature. 1 l. Comm. 125. The right which nature gives to all m-in- kind of disposing of their persons and property after the manner they judge most consistent with their lJ:inplnEss_. on condition of their acting within the iiuiits of the law of nature. and so as not to interfere with an equal ex- ercise of the same rights by other men. Bur- lamaqiii. C 8, ; 1 Bl. Comm. l2fi.—Personal liberty. The right or power of locomotion; of changing situation, or moving one’s person to whatsoever place one's own inclination may direct, without imprisonment or restraint. unless by due course of law. 1 B1, Comm. 134. Civil Rights Cases. 109 U. S. 3.

3 Sup. Ct. 42, 27 L. Ed. 835; Pinkerton v.