Page:Black's Law Dictionary (Second Edition).djvu/738

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LINEA RECTA SEMPER

Linea recta seniper px-aafertur trans- venali. The right line is always preferred to the collateral. Co. Litt. 10; Broom, Max. 529.

LINEAGE. Race; progeny; family, ascending or descending. Lockett v. Lockett, 94 Ky. 289, 22 S. W. 2%.

LINEAL. That which comes in a line;

especially a direct line, as from father to son Coilateral relationship is not called “ll.lJQl1l," though the expression “collateral line," is not unusual. —Linen1 consanguinity. That kind of consanguinity which suhsists between persons of whom one is descended in a direct line from the other; as betvseen a particular person and his father, grandfather, great-grandfather, and so upward. in the direct ascending line; or between the same person and his son, grandson. great- grandson, and so downwards in the direct descendin line. 2 Bi. CDIDID. 203: “'iilis Coal & Min. Co. v. Grizzell. 198 I11. 313. 65 N. E. 74. —Li.nca.l descent. See DEsCEN‘l‘.—LineI:|.1 warranty. A warranty by an ancator from whom the title did or might have come to the heir. 2 Bl. Comm. 301; Howie. 00V. 30.

LINK. A unit in a connected series; an; thing which serves to connect or bind together the things which precede and follow it Thus, we speak of a “link in the chain of title."

LIQUERE. Lat. In the civil law. TO be ciear, evident, or satisfactory. When a jmlz-:2 was in doubt how to decide a case, he represented to the plTEt0l', under oath, .9131)! mm liqucrc, (that it was not clear to him,) and was thereupon discharged. Calvin.

LIQUET. It is clear or apparent; it appears. Saris liquet. it sufficiently appears. 1 Strange. 412.

LIQUIDATE. To addust or settle an indel-teducss; to determine an amount to be paid; to clear up an account and ascertain the balance; to fix the amount required to satisfy a judgnient. hlidgett v. Watson. 3.) N. C. 145; l\[-artln v. Kirk, 2 Humph. (Tenn) 531.

To clear away; to lessen; to pay. “To liqizirlatc a balance means to pay it" Fleck- iier v. Bank of U. S., 8 Wheat. 338, 362, 5 L. Ed. 631.

LIQUIDATED. Ascertained; determined; fixed; settled; made clear or manifest. Cleared away; paid; discharged. —Liquidated account. An account whereof the amount is certain and fixed, either by the act and agreement of the parties or by operation of law; a sum which cannot he changed by the proof; it is so much or nothing; but the tern) does not necessarily refer to a writ-

ing. Nishet v. Lawson. 1 Ga. —Liqu1. dated damages. See Daiuioi-2 —Liquidat- or] debt. A deht is liquidated when it is cer-

tain what is due and how much is due. Roberts v. Prior, 20 Ga. 5(ll.—Liqi1id.-«ited de- in:inii.- A demand is a liquidated one if the

730

LIB

amount of it has been ascertained—sett.led—-by the agreement of the parties to it, or other- wise. Mitcheil v. Addison. 20 Ga. 53.

LIQUIDATING PARTNER. The part- ner who upon the dissolution or insolvency of the flrm. is appointed to settle its accounts, collect assets, adjust claims, and pay

debts. Garretson v. Brown. 18.‘: Pa. 447, 40 At]. 300. LIQUIDATION. The act or process of

settling or making clear. fixed, and determi- nate that which before was uncertain or unascertained.

As applied to a company, (or sometimes to the attairs or an individual,) liquidation is used in a broad sense as equivalent to “Winding up ;" that is, the CO!!]ill‘l-'llel.lElVfl process of settling accounts, asccitainlng and adjusting dehts, coliecting assets, and paying off claims.

LIQUIDATOR. A person appointed to carry out the winding up or a coinpany.

—0fllcia.l liqnidator. In English law. A person appointed by the judge in cliancery, in whose court a joint-stock company is being wound up, to hring and defend suits and actions in the name of the company, and ::enerally to do ail things necessary for winding up the atfairs of the company, and distributing its assets. 3 Steph. Cumin. 2-1.

LIQUOR. This term, when iised in statutes forbidding the sale or Liquors. refers only to spirituous or intoxicating liquors. Biass v. State, 45 Fla. 1, 34 South. 307: State v. Brittain. 89 N. C. 570; People V. Crillcy, 20 Barb. (N. Y.) 2-18. See INTOXICA- TING LIQUOR; SPIRITUOIVS LIQUOR. —I.iqnoi- dealer. One who carries on the business of selling intoxicating liquors, either at wholesale or retail, and irrespective of whether the liquor sold is produced or manufactured by himself or by others: ‘but there must be more than a single sale. See 'limm v. Ham'-

son, 1. 601 U. S. v. Alien (D. C53 38 Fed. 738' Fincannon v. State, 93 Ga. -11 . 21 S E. 53;

. State v. Dow 21 Vt. 48-1; Mansfield V. State, 17 'L‘ x. App. 4 ’—I.iqii.or-shop.

hoiise where spiiiluous liquors are kept and soid. Wooster v. Slate. 0 Baxt. (Teiin.) 534 -_—Liqnor tax certificate. Under the excise laws of New York, a certificate of payment of the tax inipnsed upon the business of iiquorseiling, entitling the holder to carry on that 'lnisiness_, and differing from the ordinary form of lit-ens in that it does not confer a mere personal ilege but creates a species of prop- erty which is transferable by the owner. See In re Lyman. 1l's(l N. Y. 96. 54 N. E. 577: In gE7:Cuiiinan. 82 App. Div. 445, 81 N. Y. Supp.

LIRA. The name or an Italian coin, of the value or about eighteen cents.

LIS. Lat. A controversy or dispute; a suit or action at law. —Lis alibi pendenn. A suit pending else- where. The fact that proceedings are pending hetween i1 pla1nti.|i_ and defendant in one court

in respect to a given matter is frequently a