Page:Black's Law Dictionary (Second Edition).djvu/749

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


LUCRATIVE

and in excess of the expenses incidental to the olfir‘-3. See State v. Kirk. 4-1 Ind 405. 1 _m. Rap. 239; Dailey v. State. S Blnclif. (Ind.) 330; (‘rnifurrl v. Dunbar, 52 Cal. 39; Stnte v. De Grns. 53 Tex. 400.—Lucra.tiva succession. in "'(‘DIL‘i_l lav: A kind of passive tII_il" b\' wlrésh a person accepting from another, without any onerous cause, (or without paying value.) in «£1-pl. lion of any part o his i.|E'I‘li‘i". to u-lucli the l'eLElVEI would have succeeded as hair. is iinhlc to all the grnntor‘s dehts con-

ll“ led before the said disposition. 1 Forb. inst. pt. 3, p. 102. LUGRATUS. In Scotch law. A gainer.

LUGRE. Gain in money or goods; profit: usnally in an ill sense, or with the sense of siuiwthing base or unworthy. Webster.

LUCRI CAUSA. Lat. In criminal law. A term desciiptive of the intent with which property is taken in cases of larceny, the phrase meaning “for the szlke of iucre" or gain. State v Ryan. 12 Nev. 408, 28 Am. Ilep. 302: State v. Sllngerland. 19 Nev. 135. 7 Pac. BSO.

LUGRUM CESSANS. Lat. In Scotch Ian. A ceasing gain, as distinguished from daumilm datum, an actual loss.

Lnornm fncere ex pnpilli tnteln. tutor non debet. A guardian ought not to make money out of the guardianship of his ward. Manning v. Manning's Ex'rs, I Johns. Oh. (N. 1'.) 527, 7:35.

LUCTUOSA HZEREDITAS. A mourn- ful inheritance See HEREDITAS Lncruosa.

LUGTUS. In Roman law. See ANNUS Lncrus.

Mourning.

LUGGAGE.}} Luggage may consist of any articles intended for the use or a passenger while traveling, or for his personal equip- ment Civ. Code Cal. 5 2181.

This term is synonymous with “bagg-age," but is more commonly used in England than in America. See Great Northern Ry. (*0. v. Shepherd. S Exch. 37; Duffy v. Thompson. 4 E. D. Smith (N. Y.) 180; Choctaw, etc., R. Co. v Zwirta, 13 Okl. 411, 73 Pac. 941.

LUMEN. Lat. In the civil law. Light; the light of the sun or sky; the privilege of receiving light into a ‘house.

A light or window.

LUMINA. Lat. In the civil law. Lights; windows; openings to obtain light for one's building.

LUMINARE. A lump or candle set harn- lug on the altar of any church or chapel, for the maintenance whereof lands and rent- charges were frequently given to parish churches, etc. Kennett, Gloss.

LUMPING SALE. As applied to judicial sales, this term means a sale in mass, as

741

LUSHBOROW

where several distinct parcels of real estate, or several articles of personal property, are sold together for a “lnnip" or single gross sum. Anniston Plpeworhs v Williams, 106 Ala. 324. 18 South. 111, 54 Am St. Rep. 51.

LUNAGY. Lunacy is th: condition or haliit in which the mind is directed by the will, but is wholly or partially misguided or erroneously governed by it; or it is the impairment of any one or more of the faculties of the mind. accompanied with or inducing a defect in the comparing facuity. Unlags‘ Case, 1 Bland (l\I(l.) 386, 17 Am. Dec. 311. See INEANITY.

—Inquisition (or inquest) of lunacy. A quasi-judicial exzunination into the sanity or insanity of i1 given pt-rson. ordered by a court having jurisdiction. on a proper npplnalion and sufficient preliminary showing of fact. held by the sheriff (or marshal, or a magi rrat or the ' st.-lf. according to the local pl‘l3LI.l(‘(‘) with istance of a special jury. usually of six men, who are to hear evidence and ronilcr a verdict in accordance with the facts This _is the usual foundation for an order appointing a guardian or conservator for a person adjudged to be insane, or for committing him to an insane as_\ iuui. See Huglies v. Jones. 116 N. Y. 67. 22 N. E. 4-16. 5 L. Ii. A. G37. 15 Am. St Rep. 386; Hadaway v. Smith, 71 Md. 319. 18 At]. i'..\‘*’l; Mills‘ Ann. St. Co " —Lnnncy,

iin,-3 from a

commission of. A commission court of competent jurisdiction. 8l'lLi.I0l'iZi.Dg an inquiry to be made into the mental condition of a person who is alleged to be a lunatic.

LUNAR. Belonging to or measured hy the revolutions of the moon -—-Lnns.r month. See MONTH.

LUNATIC. A person of deranged or ansound mind: a person whose mental faculties are in the condition mllerl “iun.'icy." (q. u.)

Lunaticus, qui gnndet in lucidis intervallis. He is a lunatic who enjoys lucid intcrvals. 1 Story. Cont. 5 73.

LUNDRESS. In old English law. A sil- ver penny. so called because it was to be coined only at London. (a Londn-s.) and not at the country mints. Lown. Essay Coins. 17; Cowell.

LUPANATBIX. 3 Inst 206.

A hawd or strumpet

LUPINUM GAPUT GER.)-IRE. Lat To he outlawed, and have one's head exposed. like a wolf's, with a reward to him who should take it. CoIvelL

LURGULARY. Casting any corrupt or poisonous thing into the water. Wharton.

LUSHBOROW. In old English law A base sort of niouey, coined heyond sim in the likeness of English coin, and introduced into El.lgl.l1id In the reign of Edward III. Pro- hihiicd by St. 25 Edw. III. c. 4. Spelman;

Ooweli.