Supplementary to the last named act Providing for the collection of taxes on lands and town Providing for the collection of delinquent taxes in cer- To provide for the collection of taxes on town lots, MISCELLANEOUS. AN ACT to regulate the inspection of tobacco For the appointment of State Printer, and defining his To amend, and supplementary to, the last named act 26 6 24 76 (Rep.) 18 277 To incorporate and establish the Medical College of Supplementary to the last named act 26 70 24 19 58 (Local) 22 25 To provide for the repealing of certain acts and parts Authorizing the successors in office of county auditors Supplementary to the last named act For the incorporation of religious societies (Rep.) 18 6 For the relief of tenants in common, and joint tenants Providing for the relief and support of women who may 20 28 (Rep.) 13 333 24 8. NOTE Those acts which have expired by their own limitation, and those which have been entirely superseded by subsequent enactments, though not expressly repealed, have been omitted in arranging the foregoing list. AN EXPLANATION OF WORDS AND TERMS, USED IN THE STATUTES: REPORTED BY JOINT COMMITTEE, AND ORDERED TO BE PRINTED. Ab initio, (Latin) from the beginning. Administrator cum testamento annexo, (Lat.) administrator with the will an nexed. Alias, (Lat.) otherwise. A second writ issued when the first has not been served. Ad quod damnum, (Lat.) to what damage. A writ to inquire of damages sustained by obstructing ways, water courses, &c. Bona fide, (Lat.) with good faith. Capias [corpus] ad respondendum, (Lat.) that you take (the body) to answer. A writ commanding that the body of the defendant be taken to answer the plea of the plaintiff. Capias ad satisfaciendum, [viz. .corpus] (Lat.) that you take the body to satisfy the judgment. A writ commanding that the body of the defendant be taken to satisfy the judgment Cepi corpus, (Lat.) I have taken the body. A return to a writ of capias. Cestui que trust, (French) he for whom the trust is. The person for whose benefit a trustee holds an estate. Choses in action, (Fr.) things in action, as notes, bonds, &c. Certiorari, (Lat.) to be certified. A writ commanding an inferior, to certify the proceedings in a cause. to a superior court. De bene esse, (Lat.) this phrase cannot be literally translated. A declaration filed de bene esse, avoids the implication that special bail is waived. (See the statute allowing and regulating writs of attachment.) Dehors, (Fr.) without.-Out of the subject. De novo, (Lat.) anew. Distringas juratores, (Lat.) that you distrain the jurors. A writ to compel the attendance of jurors, by distraining their estate Dedimus potestatum, (Lat.) We have given power. A commission from a court to some individual. It usually authorizes him to take and transmit testimony. De bonis testutoris, (Lat.) against the goods of the testator. It is an issue upon matter of law, to be determined by the court, and the proceedings are delayed until the matter of law be determined. Ex posi facto, (Lat.) after the perpetration of the act. Fieri facias, [Lat.] that you cause to be made. at the judgment be made of the goods and chattels, lands or tenements of the person against whom Guardian ad litem [Lat.] guardian during suit. A writ commanding him who holds the person of another in custody, Habere facias possessionem, [Lat] that you cause him to have possession. A writ commanding the sheriff to give possession of lands to him whe has recovered in ejectment. In perpetuam rei memoriam, [Lat.] in perpetual remembrance of the affair. Instanter, [Lat.] immediately. Levari facius. [Lat.] that you cause to be levied. A writ of execution, by which land is ordered to be levied. Mesne process, [Fr.] is the writ by which the defendant is brought into court, and is contradistinguished from final process by which judgment is carried into execution. Mandamus. [Lat.] we command. A writ issuing from a superior court to some individual, corporation or tribunal, commanding them to perform some act. Ne exeat, [Lat.] that he go not away. A writ to restrain an individual from departing the State. Nihil, [Lat.] nothing. A return upon a writ of scire facias. Nihil dicit. Nil dicit, S [Lat.] he says nothing. A name of a form of judgment when no defence is pleaded. Nihil (or nil) debet, [Lat.] he owes nothing. 'Non The name of a plea to an action of debt. A return upon a writ of execution. A plea to an action of debt, or specialty. Non assumpsit, [Lat.] he did not promise. A plea of the general issue in the action of assumpsit. Nudum pactum, [Lat.] naked agreement. Nude puct, An agreement without consideration. Nisi, [Lat.] unless. A rule, or judgment nisi. is not absolute, in the first instance; but is to be considered so, unless within a certain time reasons be shown to the contrary. Oyer, [Fr.] to hear. To crave oyer, is to demand the reading of the bond or other writing. Oyez! Oyez! [Fr.] Hear ye! hear ye! Ouster, [Fr.] to turn out, to expel. Prima Facie, [Lat.] on the first appearance. Evidence prima facie, is that which is conclusive until its effect is ohviated by other evidence from the opposite party. Per capita, [Lat.] by heads. Succession per capita, is when claimants stand related to the ancestor in equal degree, and each claims by his own right. Per stirpes, [Lat.] by families. In succession per stirpes, the claimants all of one family, succeed to the share only of the person through whom they claim. Plene administravit, [Lat.] he hath fully administered. A plea by an administrator. Pluries, [Lat.] often time. It is a third writ, when a first and second have been issued without effect. Parole, [Fr.] speech. Parole evidence, evidence by word of mouth. Parole demurrer, [Fr.] a plea to delay. The parol shall demur, that is, the plea shall be delayed.-Originally all proceedings were made by parol, at the bar: hence, parole came to signify a plea, or the pleadings.-The parole demurrer operates to stay proceedings against an infant until he come of full age. Procedendo, [Lat.] to proceed. A writ issuing from a superior to an inferior court, commanding them to proceed, in a cause which has been previously removed into the superior court by habeas corpus, or otherwise. Profert in curia, [Lat.] he produces in court. When a party in a declaration or plea, relies upon a deed, he must do it with a profert, that the opposite party may have a copy, and when profert is alledged by the pleadings, and until it be actually made, the other party is not bound to answer. Qui tam., [Lat.] who as well. The name of an action in which the plaintiff sues as well for himself as for the overseers of the poor, or other body who may be entitled to a share of the sum recovered. Quo warranto, [Lat.] by what warrant. A writ requiring the person to whom it is directed, to show by what warrant or authority he claims to perform a particular function. Quare clausum fregil, [Lat.] wherefore he hath broken the close. This phrase is applicable to an action of trespass upon land. Subpoena, [Lat.] under a penalty. The name of a writ in which a penalty is threatened for disobedience to its requisitions. Supersedeas, [Lat.] that you supersede. A writ to stay proceedings at law. Scire facias, [Lat.] that you cause him to know. The name of a judicial writ, calling the defendant to show cause why execution should not issue upon, &c. Scire feci, [Lat.] I bave caused him to know. A return upon a writ of scire facias. Tales, [Lat.] such. Talesmen, such men. Tales de circumstantibus, [Lat.] such men from those standing around. Men who are proper jurors, taken from the bystanders to complete the pannel of the jury. Testatum, [Lat.] it is testified. When a capias or fieri facias cannot be served in the county in which it is first issued, a similar writ is sent to some other county, in which writ there is a suggestion that it is testified that the person does not reside, or has no property, in the first county; and such writ is called a Testatum capias, or Testatum fieri facias. Tort, [Fr.] wrong. Venire facias, [Lat.] that you cause to come. A writ commanding the proper officer to summon a jury. Venue, [Fr.] vicinage, neighborhood. The county in which the action is laid. Vi et armis, [Lat.] with force and arms. This phrase is applicable to trespass. Viva vone, [Lat.] with the living voice. Venditioni exponas, [Lat.] that you expose to sale. A writ commanding the officer to offer to sale property previously levied by virtue of a former writ of execution. |