matters. Sometimes by the term civil law | books of Reports, and depends on is meant those laws which relate to the general practice and judicial adcivil matters only; and in this sense judications of our courts. The comit is opposed to criminal law, or to mon law is derived from two sources, those laws which concern criminal the common law of England, and the practice and decision of our own courts. In some states the English common law has been adopted by statute. There is no general rule to ascertain what part of the English common law is valid and binding. To run the line of distinction, is a subject of embarrassment to courts, and the want of it a great perplexity to the student. Kirb. Rep. Pref. It may however be observed generally, that it is binding where it has not been superceded by the constitutions of the United States, or of the several states, or by their legislative enactments, or varied by custom, and where it is founded in reason and consonant to the genius and manners of the people. See Sampson's Discourse delivered before the Historical Society of New York. Judge Swift, in his System of the Laws of Connecticut, prefers the term civil law, to that of municipal law. He considers the term municipal to be too limited in its signification. He defines civil law to be a rule of human action, adopted by mankind in a state of society, or prescribed by the supreme power of the government, requiring a course of conduct not repugnant to morality or religion, productive of the greatest political happiness, and prohibiting actions contrary thereto, and which is enforced by the sanctions of pains and penalties. 1 Sw. Syst. 37. See Ayl. Pand. B. 1, t. 2, p. 6. See in general as to civil law, LAW, COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by any express act, which is the criterion by which it is distinguished from the statute law. It has never been reduced to writing; by this expression, however, it is not meant that all those laws are at present merely oral, or communicated from former ages to the present solely by word of mouth, but that the evidence of our common law is contained in our VOL. II.-2. LAW, INTERNATIONAL. The law of nature applied to the affairs of nations, commonly called the law of nations; jus gentium, is also called by some modern authors international law. Toullier, Droit Français, tit. prel. § 12. LAW, MARTIAL. Martial law is a code established for the government of the army and navy of the United States. Its principal rules are to be found in the articles of war, (q. v.) The object of this code or body of regulations is to maintain that order and discipline, the fundamental principles of which are a due obedience of the several ranks to their proper officers, a subordination of each rank to their superiors, and the subjection of the whole to certain rules of discipline, essential to their acting with the union and energy of an organized body. The violations of this law are to be tried by a court martial, (q. v.) Vide Hale's Hist. C. L. 38; 1 Bl. Com. 413; Tytler Prelim. § 3. It is a system of rules on Military Law; Ho. on C. M.; deducible by natural reason from the M'Arth. on C. M.; Rules and Arti- immutable principles of natural juscles of War, art. 64, et seq. 2 Story, L. U. S. 1000. tice, and established by universal consent among the civilized inhabitants of the world; Inst. lib. 1, t. 2, LAW MERCHANT, is a system of customs acknowledged and taken § 1; Dig. lib. 1, t. 1, l. 9; in order notice of by all commercial nations; to decide all disputes, and to insure and those customs constitute a part the observance of good faith and of the general law of the land; and justice in that intercourse which being a part of that law their exist- must frequently occur between them ence cannot be proved by witnesses, and the individuals belonging to each; but the judges are bound to take no- or they depend upon mutual comtice of them ex officio. See Beawes pacts, treaties, leagues and agreeLex Mercatoria Rediviva; Caines's ments between the separate, free, Lex Mercatoria Americana; Com. and independent communities. Dig. Merchant, D; Chit. Comm. Among the Romans there were Law; Pardess. Droit Commercial. two sorts of laws of nations, namely, LAW, MUNICIPAL. Munici- the primitive, called primarium, and pal law is defined by Mr. Justice the other known by the name of seBlackstone to be "a rule of civil cundarium. The primarium, that conduct prescribed by the supreme is to say, primitive or more ancient, power in a state commanding what is properly the only law of nations is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its significa-ment, and the like. The law of nation to convey a just idea of the subject. See Law, civil. Mr. Chitty defines municipal law to be "a rule of civil conduct, prescribed by the supreme power in a state, commanding what shall be done or what shall not be done." 1 Bl. Com. 44, note 6, Chitty's edit. Municipal law, among the Romans was a law made to govern a particular city or province; this term is derived from the latin municipium, which among them signified a city which was governed by its own laws, and which had its own magistrates. LAW OF NATIONS, is the science which teaches the rights subsisting between nations or states, and the obligations correspondent to those rights. Vattel's Law of Nat. which human reason suggests to men; as the worship of God, the respect and submission which children have for their parents, the attachment which citizens have for their country, the good faith which ought to be the soul of every agree tions called secundarium, are certain usages which have been established among men, from time to time, as they have been felt to be necessary. Ayl. Pand. B. 1, t. 2, p. 6. As to the law of nations generally, see Vattel's Law of Nations; Marten's Law of Nations; Chitty's Law of Nations; Puffend. Law of Nature and of Nations, book 3; Burlamaqui's Natural Law, part 2, c. 6; Principles of Penal Law, ch. 13. LAW OF NATURE. The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeable See Marsh. Ins. B. 1, c. 1, p. 15; ness of human actions to the nature of man; and it comprehends all the duties we owe either to the Supreme Being, to ourselves, or to our neighbours; as reverence to God, self-de- LAW, RETROSPECTIVE. A fence, temperance, honour to our retrospective law is one that is to parents, benevolence to all, a strict take effect, in point of time, before adherence to our engagements, grati- it was passed. Whenever a law of tude, and the like. Erskine's Pr. of this kind impairs the obligation of L. of Scot. B. 1, t. 1, s. 1. See contracts it is void. 3 Dall. 391. Alyl. Pand. tit. 2, p. 5; Cicer. de But laws which only vary the remeLeg. lib. 1. dies, divest no right, but merely cure a defect in proceedings otherwise fair, are valid. 10 Serg. & Rawle, 102, 3; 15 Serg. & Rawle, 72; see Ex post facto. LAW, STATUTE, or legis scriptæ. A statute is either general or special, public or private. A general or public act is an universal rule, that regards the whole community. Special or private acts are rather exceptions than rules, being those which operate only upon particular persons and private concerns. 1 Bl. Com. 85, 6. See Statute; Constitution. LAW, POSITIVE. Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1. The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2. The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent an utility as to become a portion of the universal voluntary law, but enough to have LAW, WRITTEN, lex scripta, acquired a prescriptive obligation consists of the constitution of the among certain states so situated as United States; the constitutions of to be mutually benefitted by it. the several states; the acts of the Taunt. 241. 3. The conventional legislative assemblies, as the acts of law, or that which is agreed between congress and of the legislatures of particular states by express treaty, the several states; and of treaties. a law binding on the parties among See Law, Statute. whom such treaties are in force. Chit. Comm. Law, 28. 1 1 Law, unwritten, or lex non scripta, is composed of the law of nature, the law of nations, and of the common law. See Law of Nature; Law of Nations; Law, Common. LAW OF THE TWELVE TABLES. Laws of ancient Rome composed in part from those of Solon, and other Greek legislators, and in part from the unwritten laws or customs of the Romans. These laws first appeared in the year of Rome 303, inscribed on ten plates of brass. The following year two others were added, and the entire code bore the name of the Laws of the Twelve Tables. The principles they contained became the source of all the Roman law, and serve to this day as the foundation of the jurisprudence of the greatest part of Europe. See a fragment of the Law of the Twelve Tables in Coop. Justinian, 656; Gibbon's Rome, c. 44. LAWS EX POST FACTO, are those which are made to punish actions committed before the existence of such laws, and which had not been declared crimes by preceding laws. Declar. of Rights, Mass. part 1, s. 24; Declar. of Rights, Maryl. art. 15. By the constitution of the United States and those of the several states, the legislatures are forbidden to pass ex post facto laws. Const. U. S. art. 1, s. 10, subd. 1. There is a distinction between ex post facto laws, and retrospective laws; every ex post facto law must necessarily be retrospective, but every retrospective law is not an ex post facto law; the former only are prohibited. ing ex post facto laws, do not extend to civil cases, to cases that merely affect the private property of citizens. Some of the most necessary acts of legislation are, on the contrary, founded upon the principle that private rights must yield to public exigencies. 3 Dall. 400; 8 Wheat. 89; see 1 Cranch, 109; 1 Gall. R. 105; 9 Cranch, 374; 2 Pet. S. C. Rep. 627; Ib. 380; Ib. 523. LAWS OF OLERON, in maritime law, is a code of sea laws of deserved celebrity. It was origi nally promulgated by Eleonor, duchess of Guienne, the mother of Richard the First, of England. Returning from the Holy Land, and familiar with the maritime regulations of the Archipelago, she enacted these laws at Oleron in Guienne, and they derive their title from the place of their publication. The language in which they were originally written is the Gascon, and their first object appears to have been the commercial operations of that part of France only. Richard I., of Laws under the following circum- England, who inherited the dukedom stances are to be considered ex post of Guienne from his mother, imfacto laws, within the words and in- proved this code, and introduced it tents of the prohibition; 1st, Every into England. Some additions were law that makes an act done before made to it by King John; it was the passing of the law, and which promulgated anew in the 50th year was innocent when done, criminal, of Henry III., and received its ultiand punishes such action; 2dly, mate confirmation in the 12th year Every law that aggravates a crime, of Edw. III. Brown's Civ. and Adm. or makes it greater than it was when Law, vol. ii. p. 40. These laws are committed; 3dly, Every law that inserted in the beginning of the book changes the punishment, and inflicts entitled, "Us et coutumes de la a greater punishment than the law mer," with a very excellent comannexed to the crime when commit-mentary on each section by Clairac, ted; 4thly, Every law that alters the learned editor. A translation is the legal rules of evidence and re- to be found in the Appendix to 1 Pet. ceives less, or different testimony, Adm. Dec.; Marsh. Ins. B. 1, c. 1, than the law required at the time of p. 16. See Laws of Wisbuy; Laws the commission of the offence, in of the Hanse Towns; Code. order to convict the offender. 3 Dall. 390. The policy, the reason and humanity of the prohibition against pass LAWS OF WISBUY, in maritime law, is a code of sea laws established by "the merchants and masters of the magnificent city of Wisbuy." This city was the an- Glanv. lib. 1, c. 2; Clef des Lois cient capital of Gothland, an island Rom. h. t.; Inst. 4, 18, 3; Dig. 48, in the Baltic sea, anciently much 4; Code, 9, 8. celebrated for its commerce and LEADING QUESTION, eviwealth, now an obscure and incon-dence, practice, is one put to a witsiderable place. Malyne, in his col-ness, which puts into the witness's lection of sea laws, p. 44, says that mouth the words to be echoed back, the laws of Oleron were translated or plainly suggests the answer which into Dutch by the people of Wisbuy the party wishes to get from him, for the use of the Dutch coast. By 7 Serg. & Rawle, 171; 4 Wend. Dutch, he probably means German, Rep. 247; in that case the examiner and it cannot be denied that many is said to lead him to the answer. of the provisions contained in the It is not always easy to determine Laws of Wisbuy, are precisely the what is or is not a leading question. same as those which are found in These questions cannot in general the Laws of Oleron. The northern be put to a witness in his examina. writers pretend however that they tion in chief, 6 Binn. R. 483; 3 are more ancient than the Laws of Binn. R. 130; 1 Phill. Ev. 221; 1 Oleron, or even the Consolato del Stark. Ev. 123. Even in an examiMare. Clairac treats this notion nation in chief, questions may be with contempt, and declares that at put to lead the mind of the witness the time of the promulgation of the to the subject of inquiry; and they laws of Oleron, in 1266, which was are allowed when it appears the many years after they were com-witness wishes to conceal the truth, piled, the magnificent city of Wis- or to favour the opposite party, or buy had not yet acquired the denomination of a town. Be this as it may, these laws were for some ages, and indeed still remain, in great authority in the northern part of Europe. "Lex Rhodia navalis," says Grotius, "pro jure gentium, in illo mare Mediteraneo vigebat; sicut apud Gallium leges Oleronis, et apud omnes transrhenanos, leges Wisbuenses." Grotius de Jure bel. lib. 2, c. 3. A translation of these laws is to be found in 1 Peters's Adm. Dec. Appendix. See Code; Laws of Oleron. LAWYER. A counsellor, one learned in the law. Vide Attorney. LAZARET or LAZARETTO. A place selected by public authority where vessels coming from infected or unhealthy countries are required to perform quarantine. Vide Health. where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry, without a particular specification of such subject. 1 Camp. R. 43; 1 Stark. C. 100. In cross-examinations, the examiner has generally the right to put leading questions. 1 Stark. Ev. 132. LEAGUE, measure. A league is a measure of length which consists of three geographical miles. The jurisdiction of the Uuited States extends into the sea a marine league. See Acts of Congress of June 5, 1794, 1 Story's L. U. S. 352, and April 20, 1818, 3 Story's L. U. S. 1694; 1 Wait's State Papers, 195. Vide Cannon Shot. LEAGUE, crim. law, contracts. In criminal law, a league is a conspiracy to do an unlawful act. The term is but little used. In contracts, it is applied to agreements between states. LÆSE MAJESTATIS, CRIMEN. The crime of high treason. LEAKAGE. The waste which |