"if one be seised of some lands in fee, and possessed of other lands for years, all in one parish, and he grant all his lands in that parish (without naming them) in fee simple or for life; by this grant shall pass no more but the lands he hath in fee simple." See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Ab. 203.

LAND TENANT. He who actually possesses the land. He is technically called the terre-tenant. (q. v.)

LORD,

tenant may have entered.-2. To require the lessee to treat the premises demised in such manner that no injury be done to the inheritance, and prevent waste.-3. To have the possession of the premises after the expiration of the lease. Vide, generally, Com. L. & T. B. 2, c. 1; Woodf. L. & T. ch. 10; 2 Bl. Com. by Chitty, 275, note; 1 Supp. to Ves. Jr. 212, 246, 249; 2 Ib. 232, 403; Com. Dig. Estate by Grant, G 1; 5 Com. Dig. tit. Nisi Prius Dig. page 553; 8 Com. Dig. 694; Whart. Dig. Landlord & Tenant.

LANGUAGE. The faculty

in certain countries, and this is called the language of such country or countries, as the Greek, the latin, the French or the English language. The law, too, has a peculiar language.

LANDLORD, he who rents or leases real estate to another. He is bound to perform certain duties and is entitled to rights, as such, which men possess of communicatwhich will here be briefly consid- ing their perceptions and ideas to ered.-1. His obligations are, 1, to one another by means of articulate perform all the express covenants sounds. This is the definition of into which he has entered in mak- spoken language; but ideas and pering the lease-2, to secure to the ceptions may be communicated withtenant the quiet enjoyment of the out sound by writing, and this is premises leased; but a tenant for called written language. By conyears has no remedy against his ventional usage certain sounds have landlord if he be ousted by one who a definite meaning in one country or has no title, in that case the law leaves him to his remedy against the wrong-doer. Y. B. 22 H. VI. 52 b, and 32 H. VI. 32 b; Cro. Eliz. 214; 2 Leon. 104; and see Bac. Ab. Covenant, B. But the implied covenant for quiet enjoyment may On the subjugation of England by be qualified, and enlarged or nar- William the Conqueror, the Frenchrowed according to the particular Norman language was substituted in agreement of the parties; and a all law proceedings for the ancient general covenant for quiet enjoy- Saxon. This, according to Blackment does not extend to wrongful stone, (vol. iii. p. 317,) was the lanevictions or disturbances by a stran- guage of the records, writs and ger. Y. B. 26 H. VIII. 3 b.-3. The landlord is bound by his express covenant to repair the premises, but unless he bind himself by express covenant the tenant cannot compel him to repair. 1 Saund. 320; 1 Vent. 26, 44; 1 Sed. 429; 2 Keb. 505; 1 T. R. 312; 1 Sim. R. 146.-2d. His rights are, 1, to receive the rent agreed upon, and to enforce all the express covenants into which the

pleadings, until the time of Edward III. Mr. Stephen thinks Blackstone has fallen into an error, and says the record was, from the earliest period to which that document can be traced, in the latin language. Plead. Appx, note, 14. By the statute 36 Ed. 3, st. 1, c. 15, it was enacted that for the future all pleas should be pleaded, shown, defended, answered, debated and judged in the

In changing from one language to another many words and technical expressions were retained in the new which belonged to the more ancient language, and not seldom they partook of both; this, to the unlearned student, has given an air of confusion and disfigured the language of the law. It has rendered essential also

English tongue; but be entered and enrolled in latin. The Norman or law-French, however, being more familiar, as applied to the law, than any other language, the lawyers continued to employ it in making their notes of the trial of cases, which they afterwards published in that barbarous dialect, under the name of Reports. After the enact- the study of the latin and French ment of this statute, on the introduc- languages. This perhaps is not to tion of paper pleadings, they followed be regretted as they are the keys in the language, as well as in other which open to the ardent student respects, the style of the record, and vast stores of knowledge. In the were drawn up in latin. This United States, the records, pleadtechnical language continued in use ings and all law proceedings are in till the time of Cromwell, when by the English language, except certain a statute the records were directed technical terms which retain their to be in English; but this act was ancient French and latin dresses. repealed at the restoration by Charles Agreements, contracts, wills and II., the lawyers finding it difficult other instruments, may be made in to express themselves as well and as any language, and will be enforced. concisely in the vernacular as in the 7 Bac. Ab. 307. And a slander latin tongue; and the language of spoken in a foreign language, if the law continued as before till about understood by those present, or a the year 1730, when the statute of libel published in such language, will 4 Geo. II., c. 26, was passed. It be punished as if spoken or written provided that both the pleadings and in the English language. 6 Bac. Ab. the record should thenceforward be 224; 1 Roll. Ab. 74; 6 T. R. 163. framed in English. The ancient For the construction of language, terms and expressions which had see articles Construction, Interprebeen so long known in French and tation, and Jacob's Intr. to the Com. latin were now literally translated Law, Max. 46. into English. The translation of Vide, generally, 3 Bl. Com. 323; such terms and phrases were found 1 Chit. Cr. Law, *415; 2 Rey, Into be exceedingly ridiculous. Such stitutions Judiciaires de l'Angleterre, terms as nisi prius, habeas corpus, 211, 212. fieri facias, mandamus, and the like, LANGUIDUS, practice. The are not capable of an English dress name of a return made by the shewith any degree of seriousness. riff, when a defendant whom he has They are equally absurd in the taken by virtue of process is so danmanner they are employed in latin, gerously sick that to remove him but use and the fact that they are in would endanger his life or health. a foreign language has made the ab- In that case the officer may and surdity less apparent. By statute of ought unquestionably to abstain from 6 Geo. II., c. 14, passed two years removing him, and may permit him after the last mentioned statute, the to remain even in his own house, in use of technical words was allowed the custody of a follower, though not to continue in the usual language, named in the warrant, he keeping which defeated almost every benefi- the key of the house in his possescial purpose of the former statute. sion; the officer ought to remove

him as soon as sufficiently recovered. he is guilty of larceny. 4th. There If there be a doubt as to the state of must be an actual carrying away, health of the defendant, the officer should require the attendance and advice of some respectable medical man, and require him, at the peril of the consequences of misrepresentation, to certify in writing whether it be fit to remove the party, or take him to prison within the county; 3 Chit. Pr. 358. For a form of the return of languidus, see 3 Chit. P. 249; T. Chit. Forms, 53.

LAPSE, eccles. law, is the transfer, by forfeiture, of a right or power to present or collate to a vacant benefice, from a person vested with such right to another, in consequence of some act of negligence of the former. Ayl. Parerg. 331.

LAPSED LEGACY. See Le

gacy, Lapsed.

but the slightest removal, if the goods are completely in the power of the thief, is sufficient. To snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair, is a sufficient asportation or carrying away. 5th. The property taken must be personal property; a man cannot commit larceny of real estate, or of what is so considered in law. A familiar example will illustrate this; an apple while hanging on the tree where it grew, is real estate, having never been separated from the freehold; it is not larceny, therefore, at common law, to pluck an apple from the tree, and appropriate it to one's own use, but a mere trespass; if that same apple, however, had been separated from LARCENY, crim. law. The the tree by the owner or otherwise, wrongful and fraudulent taking and even by accident, as if shaken by the carrying away, by one person, of the wind, and while laying on the ground mere personal goods of another, from it should be taken with a felonious any place, with a felonious intent to intent, the taker would commit a convert them to his, the taker's use, larceny, because then it was perand make them his property, with- sonal property. In some states, there out the consent of the owner. To are statutory provisions to punish the constitute larceny, several ingredi- felonious taking of emblements or ents are necessary. 1st. The intent fruits of plants, while the same are of the party must be felonious; he hanging by the roots, and there the must intend to appropriate the pro- felony is complete, although the perty of another to his own use; if, thing stolen, is not at common law, therefore, the accused have taken strictly personal property. Larceny the goods under a claim of right, is divided in some states, into grand however unfounded, he has not com- and petit larceny; this depends upon mitted a larceny. 2d. There must the value of the property stolen. be a taking from the possession, actual or implied, of the owner; hence if a man should find goods, and appropriate them to his own use, he is not a thief on this account. 3d. There must be a taking against the will of the owner, and this may be int some cases, where he appears to consent; for example, if a man suspects another of an intent to steal his property, and in order to try him, leaves it in his way, which he takes,

Vide 1 Hawk, 141 to 250, ch. 19; 4 Bl. Com. 229 to 250; Com. Dig. Justices, O 4, 5, 6, 7, 8; 2 East's P. C. 524 to 791; Burn's Justice, Larceny; Williams's Justice, Felony; 3 Chitty's Cr. Law, 917 to 992.

LASCIVIOUS CARRIAGE, in Connecticut, is an offence, ill defined, created by statute, which enacts that every person who shall be guilty of lascivious carriage and behaviour, and shall be thereof duly convicted,

LATITAT, he lies hid. In the

writ calling a defendant to answer to a personal action in the king's bench; it derives its name from a supposition that the defendant lurks and lies hid, and cannot be found in the county of Middlesex, (in which the said court is holden,) to be taken there, but is gone into some other county, and therefore requiring the sheriff' to apprehend him in such other county. Fitz. N. B. 78.

shall be punished by fine not exceed- be explained by the same kind of ing ten dollars, or by imprisonment proof. 5 Co. 69. in a common gaol, not exceeding two months, or by fine and imprisonment English law this is the name of a or both, at the discretion of the court. This law was passed at a very early period. Though indefinite in its terms, it has received a construction so limiting it, that it may be said to punish those wanton acts between persons of different sexes, who are not married to each other, that flow from the exercise of lustful passions, and which are not otherwise punished as crimes against chastity and public decency. 2 Swift's Dig. 343; 2 LAW, in its most general and Swift's Syst. 331. Lascivious car- comprehensive sense, signifies a rule riage may consist not only in mutual of action, and this term is applied acts of wanton and indecent famil- indiscriminately to all kinds of aciarity between persons of different tions, whether animate or inanimate, sexes, but in wanton and indecent rational or irrational. 1 Bl. Com. actions against the will, and without 38. In its more confined sense, law the consent of one of them, as if a denotes the rule, not of actions in man should forcible attempt to pull general, but of human action or conup the clothes of a woman. 5 Day, duct. In the Civil Code of Louisi81. ana, art. 1, it is defined to be "a sol

will."

prel. s. 1, n. 4.

LAST SICKNESS, is that of emn expression of the legislative which a person died. The expenses Vide Toull. Dr. Civ. Fr. tit. of this sickness are generally entitled to a preference, in payment of debts LAW BOOKS, are those which of an insolvent estate. Civ. Code of treat of law. They may be divided Lo. art. 3166; Purd. Ab. 393. To into three classes; 1. Acts of the prevent impositions, the statute of legislature; 2. Reports of the decifrauds requires that nuncupative sions of the courts; and 3. Treatises, wills shall be made during the testa- abridgments and all other books tor's last sickness. Rob. on Frauds, written on the subject of law. For 556; 20 John. R. 502.

a list of the abbreviations which are made in citing them, see Abbreviations; for a complete catalogue of the reports, in chronological order, vide article Reports; and for foreign law-books to 2 Dupin, Profession

LATENT, construction. That which is concealed; or which does not appear; for example, if a testator bequeaths to his cousin Peter his white horse; and at the time of making his will and at his death he d'Avocat. had two cousins named Peter, and he owned two white horses, the ambiguity in this case would be latent, both as respects the legatee, and the thing bequeathed. Vide Bac. Max. Reg. 23, and article Ambiguity. A latent ambiguity can only be made to appear by parol evidence, and may

LAW, CANON. The canon law is a body of Roman ecclesiastical law, relative to such matters as that church either has, or pretends to have the proper jurisdiction over. This is compiled from the opinions of the ancient latin fathers, the decrees of general councils, and the decretal

the Digest of the Emperor Justinian, and the novel constitutions of himself and some of his successors. Ersk. Pr. L. Scotl. B. 1, t. 1, s. 9. The Institutes contain the elements or first principles of the Roman law, in four books. The Digests or Pandects are in fifty books, and contain

epistles and bulls of the holy see. All which lay in the same confusion and disorder as the Roman civil law, till about the year 1151, when one Gratian, an Italian monk, animated by the discovery of Justinian's Pandects, reduced the ecclesiastical constitutions also into some method, in three books, which he entitled Concordia the opinions and writings of eminent discordantium canonum, but which lawyers digested in a systematical are generally known by the name of method, whose works comprised Decretum Gratiani. These reached more than two thousand volumes. as low as the time of Pope Alexan- The new code, or collection of imder III. The subsequent papal de- perial constitutions, in twelve books; crees to the pontificate of Gregory, which was a substitute of the code IX., were published in much the same of Theodosius. The novels or new method, under the auspices of that constitutions, posterior in time to the pope, about the year 1230, in five other books, and amounting to a supbooks, entitled Decretalia Gregorii plement to the code, containing new noni. A sixth book was added by decrees of successive emperors as Boniface VIII., about the year 1298, new questions happened to arise. which is called Sextus decretalium. These form the body of the Roman The Clementine constitutions or de- law, or corpus juris civilis, as pubcrees of Clement V., were in like lished about the time of Justinian. manner authenticated in 1317, by Although successful in the west, his successor, John XXII., who also these laws were not, even in the lifepublished twenty constitutions of his time of the emperor universally reown, called the Extravagantes Joan- ceived; and after the Lombard innis, all which in some manner answer vasion they became so totally negto the novels of the civil law. To lected, that both the Code and Panthese have since been added some dects were lost till the twelfth century, decrees of the later popes, in five A. D. 1130; when it is said the Panbooks, called Extravagantes com- dects were accidentally recovered at munes. And all these together, Amelphi, and the Code at Ravenna. Gratian's Decrees, Gregory's Decre- But, as if fortune would make an tals, the Sixth Decretals, the Cle- atonement for her former severity, mantine Constitutions, and the Ex- they have since been the study of travagants of John and his succes- the wisest men, and revered, as law, sors, form the Corpus juris canonici, by the politest nations. or body of the Roman canon law. 1 Bl. Com. 82; Encyclopédie, Droit Canonique, Droit Public Ecclesiastique; Dict. de Jurispr. Droit Canonique; Ersk. Pr. L. Scotl. B. 1, t. 1, s. 10. See in general, Ayl. Par. Jur. Can. Ang.

LAW CIVIL. The term civil law is generally applied by way of eminence to the civil or municipal law of the Roman empire as comprised in the Institutes, the Code, and

By the term civil law is also understood the particular law of each people, opposed to natural law, or the law of nations, which are common to all. Just. Inst. 1. 1, t. 1, 1, 2; Ersk. Pr. L. Scot. B. 1, t. 1, s. 4. In this sense it is used by Judge Swift. See below.

Civil law is also sometimes understood as that which has emanated from the secular power opposed to the ecclesiastical or military.