Page:Black's Law Dictionary (Second Edition).djvu/742

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LOAN

is an agreement by which one person deilv_ers to another a cert-iin quantity of things which are consumed by the use. under the ohligation. by the harrower. to return to him as much of the same kind and quality. Civ. Code La. art. 2910. Loans are of two kind. .—for consumption or for use. A loan for consumption is \vhere the article is not to be returned in specie, but in kind. This ls a sale, and not a bailment Code Ga. 1SS'.’.. § 212."). Loan for exchange. A loan for escimnge is a contiuet by which one deliiels personal property to another, and the latter agrees to retain to the lender a similar thing at a future time, without rcuard for its use. (Liv. Code Cal. § 190:1.-—-Loan for use. The lo.in for use is an agreement by which 3. person delivers a. thlng to another. to use it according to its nntuial destination, or according to the tigeement, under the ohligation on the part of the horrower to return it after he shall have done using lt. Civ. Code Ls art. 2593. A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, uithout reward for its use. Civ. Code Cal. § I831. A loan for use is the gratuitous grant of an article to another for use, to be rnturned in spot-i'e, and may be either for it certain» time or ind:-finitely, and at the will of the grantor. Code Ga. ISS2. § 2126. Loan for use (called "commadutmn" in the civil lau) difiers from 8 loan for consumption, (called “mutu1mi" in the civil law.) in this: that the cammodlztumi must he specifically returned; the mutu.i:.m is to be returned in kind. In the case of a nvmmmiamm, the property ID the thing remains in the ltndcr: in a mutuum, the property passes to the borrower. Bouvier.—Losn. gratuitous, (or conimniiate.) A class of bail- ment which is called "coumtollatum ' in the R0- man law, and is denominated by Sir William Jones a “iean for nse." (prét-d-usagig) to distinguish it from "nlutu:um,' a loan for consump-

tion. It is the gratuitous lending of'an article to the horrovier for his own use. \\"1mrl.on.—- Losn societies. In English law. A kind of

club formed for _the pui_'pose of adiancing money on loan to the industrial classes.

LOBBYING. "Lobbying" is defined to be any personal S0llCltllti0l] of a member of a legislative body during 11 session thereof, by priiale inter-view, or letter or message, or other means and appliances not adiliessed solely to the judgment, to favor or oppose. or to vote for or against, any bill, resoiution, report, or cliiim pt'].lLlllIg, or to be introduced by eliiier branch thereof, by any person who uiisreui-escnts the nature of his interest in the matter to such nicniht-r, or \\ho is employed for a consideration by a person or carporation inter:-steil in the passage or defeat of such hill, resolution. report, or claim, for the purpose of pr0euri.ug the passage or defeat thereof. But this does not include such serilces as drafting petitions, biils, or resolutloi -<, attending to the taking of testimony, colletting facts, preparing arguments and memuiiuls. sud snhnlitting them orally or i.u writing to a cniniulttee or mem-her of the leg- isiature, and other services of lll.e character, Intended to reach the reason of legislators. Cod" Ga 1S‘.-12. § 4486. And see Colusa County \. Welch, 122 Cal. 428, 55 Pac. 248; Trist V. Child 21 Wall. 4-48. 22 L. E11. 623; Duh- ham in Hastings Pavement C0., 56 App. Div. 244. 67 N. Y. Supp. 632; Houitun v. Nichol,

734

LOOARE

93 Wis. 393, 67 N. W. 715, 33 L. R. A. 166, 5'7 Am. St. Rep. 928.

L’obl.igntion sans came, an ant une fnusse cause, ou snr cause illicite, ne peut nvoir aucun eflet A11 obligation without consideration, or upon a false consideration, (which falls.) or uiion unlawful consideration, cannot have any eifect, Code Civil, 3, 3, 4; Chit. Cont. (11th Am. Ed.) 25. note.

LOCAL. Relating to place; expressive of place; belonging or confined to a particu-

lar place. Dlstliiguished from “general," “personal," and "transitory." -—Locnl act of parliament. An act which

has for its object the interest of some particu- lar locality, us the formation of a road, the alteration of the course of a river, the formation of a public market in a particular district. etc. Bron-n.—Local assessment. A charge in the nature of tax, ieviud to pay the Vl'lI0ll‘ or part of the cost of local iuiprorements, and assessed upon the various parcels of pruiwriy spcciully benefited thereby. Gould v. Halt}- more. '59 .Id. 380 —Lucal chattel. A thing is lmal that is fixed to the freehold. Kitchin, 180.—Loesl courts. Courts whose jurisdie tion is limited to a particular territory or district. The expression often sis-uifies the courts of use state. in opposition to the United States courts. I't'.0ple v. Porter, 90 Y, 75: (tor.-ity v. Reid. 7S N. Y. —Loenl freight. I"reight shipped from either terminus of a railroad to a way stI1Lion, or iticc mzrsa, or from one way station to another; that is, over a part of the road onlv. Mobile & M. R Co. v. Steiner, 61 Ala. 5T9.—Locnl influence. As a statutory ground for the removal of a cause from a state court to a federal court, this means influence enjoyed and wielded by the plaintiff, as s rosi- dcnt of the place where the suit is brought, in consequence of his wealth. prominence, politi- ral importance. business or social relations. or otherwise, such as might affect the minds of the court or jury and prevent the ilefeiid.-int from winning: the case. even though the merits should be with him. See l\eale v. Foster (C. C.) 31 Fed. 53.—Loen1 option. A privilege ac corded by the legislature of a state to the several counties or oiher districts of the state to determine. each for itself, by popular vote, whether or not licenses should be Issued for the sale of intoxicatiii,-z liquors within such districts. See ilson v. State, fi Ark. 416; State v. Brown. 19 Fla. 59S.—Luenl preju- iiice. The “prejudice or local influence" which will warrant the removal of a cause from ii state court to a federal court ma_v be either prejudice and infiucnce existing: against the purty seeking such removal or existing in favor of his adversary. Neale v. Foster (C. C.) 31

Fed. 53. As to local “Acl:ion," "Agent," “Alle:.viance." “Custom,” “Gorernment." "Improvement."

“Law " “Statute." “Taxes," and "Venue." see those titles.

LOCALITY. In Scotch law. This name is given to a llfe-rent ueaied in marriage contracte In favor of the wire, insteail of leaving her to her legal life-rent of tierce. 1 Bell, Comm. 55.

LOGARE. To let for hire: to deliver or

bail a thing for a certain reward or compensation. Bract fol. 62.