Page:Black's Law Dictionary (Second Edition).djvu/733

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LICET

LICET. Lat. From the verb "liccre," (0. L.) Although; notwithstanding. Importing. in this sense, a direct affirmation.

Also. it is allowed, it is permissible. —Licet saepins 1.-eqnilitus. (Although often

reqimsted.) in pleading. A phrase used in the old Latin forms of declarations, and literally

translated in the modern precedents. Yel. . 2 Chit Pi. 90'. I Chit Pl. 331. The clause in a declaration which contains the general avermt-nt of s l‘('I|lleSl by the plaintiff of the defend- ant to pay the sums ciaimeil is stiii called the "hurt siepiuii reqm'.si'tus."

Licei‘. dispnsitin de interesse fntnro lit lnntilis, tsnien pntest flerl declaratio pr-inceilei-is nun: so:-tiatur eifectlun, interveniente nova aetn. Although the grant of a future interest be inoperative, yet a decimation precedent may be made, which may take etfect provided a new act inter- vene B.-ic. Max. pp. 60, 61. reg. 14; Broom. Max. 4-98.

Limits Ilene miseentur, formula. nisi jun-is olistet. Lawful acts [done by several authorities] are weli mingled. [i. (2., become united or consolidated into one good act,] unless some form of law forbid. Bnc. Max. p. 94, reg. 2-1.

LIGITAGION. In Spanish law. The Offering for sale at public auction or an estate or property held by co-heirs or joint proprietors which cannot be divided up without det- riment to the “hole.

LICITARE. Lat. In Roman law. To offer a price at a sale; to bid: to bid often; to make several bids, one above another. Calvili

LICITATION. In the civil law. All offering for s.iie to the highest bidder, or to him who will give most for a thing. An act by which co-heirs or other co-proprietors of a thing in common and undivided between them put it to bid iietivcen them, to be ad- jmilled and to belong to the highest and last biililer, upon condition that he pay to each of his c(--propi letors a [i.i1-t in the price equal to the uniiii iiieil part, which each of the said co- ['u'oprietors ii-id in the estete iic-Merl, before the adjudication. Poth Cunt. Sale, nn. 516, 6.,'ih.

LICITATOR. at a sale.

In Roman law. A bidder

LIGKING OF THUMBS. An ancient formality by which bargains were completed.

LIDFORD LAW. A sort of lynch law_. whereby a person was first punished and then tried. Wharton.

LIE. To subsist; to exist; to be sustain.-ible: to be proper or available. Thus the phrase “an action will not lie" means

725

LIEN

that an action cannot be sustained, or that there is no ground upon which to round the action.

—Lis in franchise. Property is said to “lie in franchise" when it is of such a nature that the persons entitied thereto uiiiy seize it without the aid of a court: a. p., wrecks, waits. estroys. —Lie in grant. Incorporeal heredilaments are said to “lie in grant?’ that is, they pass by force of the grant (deed or charter) witiiout 1ivery.—Lie in livery. A term applied to corporeal hcreditaments, frceholds, ete._ signifying that they pass by livery, not by the mere force gt’ the grauL—Lie in wait. See LYING IN

AIT.

LIE To. To adjoin. A cottage must have had four acres of land will to it. See 2 Show. 279.

LIEFTENANT. An old form or “lieutenant," and still retained as me vulgar pro- nunciation of the word.

LIEGE. In feudal law. Bound by B. feudal tenure; bound in allegiance to the lord paramount, who owned no superior.

In old records. Full; absolute: perfect; pure. Izicize widowbood was pure widow- hood. Cowell.

—Llege homage. Homage which, when performed by onc sovereign prince to another, icniuded fealty and services, as opposed to siim ple homage, which was 1] mere acknowledgment of tenure (] Bl. Comm. 367: J Steph. Comm. 400.) Moziey & “r'hitley.—Liege lord. A sovereign; a superior lord.—I.iege ponstie. In Scotch law. That state of heaith which gives 3 person full power to iii ose of. martin canal) or otherwise, his heritable property. Bell. A deed executed at the time of such a state of health, as opposed to a death-hcd conveyance. The term seems to be derived from the Latin “leg-iiima potestus."

LTEGEMAN. Cowell.

He that oweth aiieginnce.

Ll]-:GER_ or LEG]-JR. A resident am-

bassndor. LIEGES, or LIEGE PEOPLE. Subjects.

LIEN. A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for ]iel'fOF1l]I1llK.‘e of some act.

In every case in which property, either rs-ai or personal. is charged with the paymeni of a debt or duty, every such charge may he denominated a lien on the property. Whitnk. Liens. p. 1.

A lien is a charge imposed upon specific 1iropert_v, by which it is made security for the performance at an act. Code Civil Proc. Cal. § 1180.

In B. narrow and technical sense, the term "iien" signifies the right by which a person in possession of personal property holds land detnins it against the owner in satisfaction of a demand: but it has 3 more extensive meaning, and in common acceplntioo is understood and used to denote a legal claim or charge on prop-

erty, either reai or personal, for the payment oi"