Page:Black's Law Dictionary (Second Edition).djvu/750

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LUXURY 742 LYTÆ  

LUXURY. Excess and extravagance which was formerly an offense against the public economy, but is not now punishable. Wharton.

LYCH-GATE. The gate into a churchyard, with a roof or an awning hung on posts over it to cover the body brought for burial, when it rests underneath. Wharton.

LYEF-GELD. Sax. in old records. Lief silver or money; a small fine paid by the customary tenant to the lord for leave to plow or sow, etc. Somn. Gavelkind, 27.

LYING BY. A person who, by his presence and silence at a transaction which attests his interests, may be fairly supposed to acquiesce in it, if he afterwards propose to disturb the arrangement. is said to be prevented from doing so by reason that he has been lying by.

LYING IN FRANCHISE. A term descriptive of waifs, wrecks, estrays, and the like, which may be seized without suit or action.

LYING IN GRANT. A phrase applied to incorporeal rights, incapable of manual tradition, and which must pass by mere delivery of a deed.

LYING IN WAIT. Lying in ambush; lying hid or concealed for the purpose of making a sudden and unexpected attack upon a person when he shall arrive at the scene. In some jurisdictions, where there are several degrees of murder, lying in wait is made evidence or that deliberation and premeditated intent which is necessary to characterize murder in the first degree.

This term is not synonymous with "concealed." If a person conceals himself for the purpose or shooting another unawares, he is lying in wait; but a person may, while concealed, shoot another without committing the crime of murder. People v. Miles. 55 Cal. 207.

LYNCH LAW. A term descriptive of the action or unofficial persons, organized bands, or mobs, who seize persons charged with or suspected of crimes, or take them out of the custom of the law, and inflict summary punishment upon them, without legal trial, and without the warrant or authority of law. See State v. Aler. 39 W. Va. 540. 20 S. E. 535: Bates' Ann St. Ohio. 1904. § 4436.

LYNDHURST'S (LORD) ACT. This statute (5 & 6 Wm. IV. c. 54) renders marriages within the prohibited degrees absolutely null and void. Theretofore such marriages were voidable merely.

LYON KING OF ARMS. In Scotch law. The ancient duty or this officer was to carry public messages to foreign states, and it is still the practice of the heralds to make all royal proclamations at the Cross of Edinburgh. The officers serving under him are heralds, pursuivants, and messengers. Bell.

LYTÆ. In old Roman law. A name given to students of the civil law in the fourth year or their course, from their being supposed capable of solving any difficulty in law. Tayl. Civil Law, 39.