Gambar halaman

ficer of the court may well be termed a law- , town of Boston, do not mean merely the yer, but not an attorney. Danforth v. Egan, adoption of a plan for the use of the money 119 N. W. 1021, 1024, 23 s. D. 43, 139 Am. in accordance with the will, but include the St. Rep. 1030, 20 Ann. Cas. 418.

actual expenditure of it by the board of man

agers named in the will in the establishment LAY-LAID

of public works of the kind described. City

of Boston v. Doyle, 68 N. E. 851, 854, 184 As construct

Mass. 373. Where the city of Camden laid new pipes in place of old ones, which had been laid by east half of a block, of the southern half of

Under the deed of U., the owner of the a water company, the city's predecessor, such laying is within the meaning of Act March 9,

his land, the northern boundary line of the 1871 (P. L. p. 415), authorizing the city to land conveyed being described as binding on charge 75 tents per foot of frontage on land

a 10-foot alley "here laid out," and the grant bordering on streets through which water including the use of this alley in common, pipes are laid. Doughten v. City of Camden, wide to be laid out by U., extending norther

"together with the use of any alley 10 feet 59 Atl. 16, 17, 71 N. J. Law, 126.

ly parallel to P. street from the northwest LAID DOWN

corner of” the land conveyed “to H, street," The word "laid down," in a contract of while the words "laid out,” in reference to sale which requires the buyer to pay a spec- the latter alley, are used in the sense of con-. ified price f. o. b. cars at his place of busi- structed or improved, and not in their ness in this country, or "laid down” at his ordinary meaning of the adoption of outplace of business, or free at his place of lines or location, the alley being laid out in business, duty unpaid, must be construed ac- such sense by the deed, which clearly defines cording to the universal understanding of its location, the grantee's easement in the merchants and importers throughout the alley is not dependent on the grantor imUnited States and the foreign country, and proving it, and is not lost by nonperformance the universal understanding is that the buy- of his personal covenant to do so. Oberheim ers should pay import duties; and the buyer v. Reeside, 81 Atl. 590, 592, 116 Md. 265 (citmust pay such duties without deduction from ing 5 Words and Phrases, p. 4037). or credit on the price. Steidtmann v. Joseph

The delineation of a street on a map Lay Co., 84 N. E. 640, 642, 234 Ill. 84.

made pursuant to Act March 21, 1871 (P. L. LAID UP

p. 638) $ 23, in amendment of the charter of

the village of Passaic, does not suffice to Ship

make an actual street within section 57 of A yacht is "laid up for repairs," within the charter (Act April 2, 1873 (P. L. p. 507]), a provision of the charter party, in such empowering the counsel to alter any street case allowing a rebate from the charter already or thereafter to be laid out. Erie money, where it is at rest, having some dam- R. Co. v. City of Passaic, 74 Atl. 338, 339, 79 age made good, that in a material degree N. J. Law, 19. impairs its ability to pursue the voyage as a yacht, though the charterer may continue to

Laws N. H. 1903, p. 257, C. 255, § 3, releat and sleep and entertain friends on board. ative to establishment of waterworks, proDahlgren v. Whitaker, 124 Fed. 695, 696.

vides that, “in case the town shall not be able

to agree with the owner of any property or LAY OFF-LAID OFF

right taken for the purposes of this act, eiThe words "laid off," in Pierce's Code ther party may apply to the superior court to 1905, § 3560, providing that all streets, lanes, have the same laid out and damages deterand alleys "laid off” and recorded in accord- mined." The court says the words "laid out" ance with the statute shall be considered are undoubtedly derived from the procedure highways, must be given their usual and or followed in laying out highways, "and the dinary meaning, and a town site or addition term itself and the direct reference indicate is "laid off" when it is surveyed or measured that the method of the divestiture of priand marked on the ground. Meachem v. vate title in road-laying proceedings was withSeattle, 88 Pac. 628, 630, 45 Wash. 380. in legislative contemplation in this class of

Though the words “lay off” were used in a legislation. The decision of the selectmen notice terminating the service of an employé, cludes both a finding upon the question of

laying a highway is a judgment, and init was a sufficient indication of action under Greater New York Charter (Laws 1901, p. of the new way. The term “laid ouť is of

public good and a location upon the ground 636, c. 466) § 1543, authorizing his suspension without pay for a year. Shane y. City familiar use in the taking of land for railof New York, 120 N. Y. Supp. 428, 430, 135 roads. In such cases the corporation is au

thorized to locate its road, subject to petition App. Div. 218.

by any landowner for a change of location, LAY OUT-LAID OUT

and to obtain title by deed to any lands The words “lay out,” in the will of Ben- which it deems necessary for the road. Pub. jamin Franklin, creating a trust fund for the St. 1901, c. 158, § 8. If such deeds cannot

be obtained, application may be made for years from the time of its being laid out, an assessment of damages. Id. $ 9. The shall cease to be a highway for any purdamages must be paid, or tendered, or de pose whatever, the words "laid out” doubtless posited for the landowner, before entry is mean established, surveyed, declared a road; made upon the land to construct the road, ex- a highway has been laid out—that is to cept by the owner's consent. Id. $$ 18, 19. say, it has been established and declared to From all the evidence it is clear that by be a highway by the judgment of the court. the permission given in certain cases to ap- Where a highway was established by the ply to have the desired right 'laid out was judgment of the county commissioners, and meant an application to have the desired within six years thereafter it was included right, in the language before quoted (Laws within the corporate limits of a town, it did 1901, p. 806, c. 290, $ 2), 'taken, appropriated, not become extinct, under such statute, and condemned.' The words 'laying out and though not opened or used as a highway. 'taking,' in a statute relating to eminent do- Baltimore, O. & C. R. Co. v. Town of Whitmain, were held to have the same meaning ing, 65 N. E. 759, 761, 30 Ind. App. 182 (quotin Charlestown Branch R. V. County Com’rs ing and adopting definitions in Decker v. of Middlesex, 7 Metc. [48 Mass.] 78, 84. Washburn, 35 N. E. 1111, 8 Ind. App. 673). The legislative intention seems clear, there

As locate fore, to authorize the plaintiffs to secure the

A petition for a highway was not obnecessary rights by purchase if they could; if not, by condemnation.” Town of Littleton locate and establish" a road, instead of ask

jectionable, because it prayed that the court 5. Berlin Mills Co., 58 Atl. 877, 880, 73 N. H. ing to have the road "laid out”; the term 11.

"laid out" being colloquial, meaning "to plan As surveyed or platted

in detail," while "to locate" is to define the A town site or addition is "laid out" limits, to establish in a particular place, and, when it is surveyed or measured and marked in a road proceeding, is as comprehensive as upon the ground. Meachem v. City of Seat- "lay out"—the term "lay out” expressing the tle, 88 Pac. 628, 630, 45 Wash. 380.

work to be done by the viewers in establishAl necessary steps included

ing on the ground the lines and angles of the The city of Boston took part of lands for road. Feagins v. Wallowa County, 123 Pac. a short parkway, to be controlled by the 902, 62 Or. 186. park commissioners, and made a settlement LAYING OR RELAYING with the owner, by which the city agreed to Buffalo City Charter, 288 (Laws 1891, construct a roadway and walk, to which he p. 200, c. 105, as amended by Laws 1901, D. should have perpetual access, and to assume 661, c. 228, § 8), provides for the laying and any assessment for betterments for the con- relaying of sidewalks at the expense of abutstruction of the park on the land not taken. ting owners. Laws 1891, p. 221, c. 105, § 393, Subsequently the city street commissioners divides streets into carriage ways and sidelaid out a street several miles long, which, walks, and Buffalo City Ordinance, c. 4, pars. where the owner's land lay, was superim- 8, 9, declares that the owner or occupant posed on the parkway, and no physical may be required to grade and level the sidechange was made therein. Held not to pre- walk in front of his premises between the clude assessment for betterments on the street and curbs, and, on his failure to grade owner's lands for the new street, which was and level the silewalk for ten days after noa wholly new layout by the commissioners; tice, the same may be done at his expense. to "lay out" meaning, in this connection, to Held, that the words "laying or relaying" of fix the termini and prescribe the boundaries a sidewalk, within section 288, have the same of a highway, and establish it as a public meaning as "grading or regrading" in section easement of travel, by official act of the 8, in each case referring to original work proper authorities. Leahy v. Charles, 95 N. on the sidewalk or street, and not to repair E. 834, 835, 209 Mass. 316.

after the sidewalk is once laid or relaid. The word “established,” in Pol. Code, 8 Konowalski v. City of Buffalo, 115 N. Y. 671, providing that, if a private way is "es- Supp. 467, 470, 131 App. Div. 465. tablished”. over the wild lands of a person who has no notice of the proceeding, he may LEAD within six months after receiving such no- The zinc ores known as carbonate, silitice, and not thereafter, proceed to have his cate and sulphide of zinc are free of duty, damages assessed, has the same meaning as the carbonate and silicate as “calamine," the words "laid out” in section 672; that and the sulphide as “minerals, crude," under is, the laying out of a way under the order Tariff Act July 24, 1897, c. 11, § 2, Free List of the ordinary. Watkins v. Country Club, pars. 514, 614, 30 Stat. 196, 199, except that 47 S. E. 538, 539, 120 Ga. 45.

when they contain lead they are subject to Under Burns' Rev. St. 1894, 8 6759, de the duty provided on “lead-bearing ore of all claring that every public highway "laid out,” kinds," in section 1, Schedule C, par. 181, 30 or which may hereafter be "laid out,” and Stat. 166. United States v. Brewster, 167 which shall not be opened or used within six' Fed. 122, 123, 92 C. C. A. 574.


"Leading questions” are defined to be

those which ordinarily suggest to the witness LEADING LIFE OF PROSTITUTION the answer desired, or which, embodying a AND LEWDNESS

material fact, admit of a direct answer by a Resorting to a hotel for the commission simple "yes" or "no," or which instruct a of acts of lewdness during one night, consti- witness how to answer on material points. tuting parts of a continuous transaction, does Rosenkovitz v. United Railways & Electric not amount to "leading the life of lewdness" | Co., 70 Atl. 108, 110, 108 Md. 306. within Code, $ 4943. State v. McDavitt, 118

A question is not necessarily "leading" N. W. 370, 140 Iowa, 342, 132 Am. St. Rep. because it admits of a direct negative or af275.

firmative answer, but to make it objectionA woman who inhabits a house of ill able when only a single fact is sought to be fame or other place as a shelter or resort elicited it should suggest the answer. The in which to engage in unlawful sexual com- use of the words "whether or not" in promerce is "leading a life of prostitution and pounding a question to a witness does not in lewdness," within the meaning of Code, 8 all cases relieve the question from the objec4943, which provides that if any person for tion of being leading. Bryan Press Co. v. the purpose of prostitution or lewdness re- Houston & T. C. Ry. Co. (Tex.) 110 S. W. 99, sorts to, uses, occupies, or inhabits any house 100, 101. of ill fame or place kept for such purpose, or if any person be found leading a life of pros-er or not,” so as in most instances to pre

A question, containing the words "whethtitution, such person shall be imprisoned, vent the use of the words "yes" or “no” in etc. The law means during every instant of her residence there, and not merely while in whether it is or not depends on the nature of

answer, is said to be ordinarily not leading; the flagrant act. True, as counsel say, "she the question, the subject-matter, and the parmust be found while in the act prohibited by ticular manner in which the other parts of it the statute"; but the acts here prohibited is not the act of sexual intercourse, but the 254, 57 W. Va. 228.

are framed. State v. Taylor, 50 S. E. 247, living of a life of prostitution and lewdness in the house or other resort in which she is

A question is "leading" when it indicates found. State v. Shaw, 101 N. W. 109, 125 the real or supposed fact which the examiner Iowa, 422.

desires to have confirmed by the answer and

the use of the words "whether or not” does LEADING QUESTION

not necessarily prerent a question from being A "question is leading" when it suggests leading if it still suggests the answer desired. the desired answer to the witness. El Paso Peebles v. O'Gara Coal Co., 88 N. E. 166, 168, & S. W. Ry. Co. v. Welter (Tex.) 125 S. W. 239 Ill. 370. 45, 49.

A question propounded plaintiff, as to “Leading questions” are such as suggest whether two items in an account previously answers favorable to the interests of the rendered defendant, and offered in evidence party asking them. Parsons v. Bridgham, 34 by him, represented or was intended to repreMe. 240, 242 (citing 1 Starkie, Ev. [7th Ed.] sent the notes sued on, was rightfully reject169).

ed as being "leading.” Sayre v. Woodyard, A “leading question” is a question "em- 66 S. E. 320, 322, 66 W. Va. 288. bodying a material fact and admitting of an The question, "Did you make any deanswer by a simple negative or affirmative." mand upon the defendant for the value of Walker v. Baldwin & Frick, 68 Atl. 25, 30, .said damaged goods?" addressed to a wit106 Md. 619 (quoting and adopting definitionness, was not “leading.” International & G. in 1 Greenl. Ev. § 434; Lee v. Tinges, 7 Md. N. R. Co. v. H. P. Drought & Co. (Tex.) 100 234).

S. W. 1011, 1012. A "leading question" is one which sug- A witness was asked by the state in a gests the desired answer; and a question burglary case, in order to identify a suit susceptible to either an affirmative or nega- case as one which accused and another had tive answer, which does not suggest the de- in their possession: “Do you think that you sired answer, is not objectionable as leading. would know that grip if you was to see it? Williams v. Smith, 72 Atl. 1093, 1099, 29 R. A. I do not know; I think I would. Q. How I, 562.

does that compare with it? A. That kinder “Any question by which the fact is made looks like the color of the grip they had. Q. known to the witness, which the interrogator Do you know whether it is or not? A. No, wishes to find asserted in and by his answer, sir; I do not know exactly whether it is or is a leading question. It is none the less not.” Held, that the questions were not obleading because the alternative form of ex-jectionable as leading; a "leading question" pression is used, as 'Did you, or did you being one framed so as to indicate the an

Parsons v. Huff, 38 Me. 137, 141 (cit- swer desired. Majors v. State, 140 S. W. ing People v. Mather [N. Y.] 4 Wend. 247, 21 1095, 63 Tex. Cr. R. 488. Am. Dec. 122; Hopper v. Commonwealth, 6 The question asked by the defense, if it Grat. [47 Va.] 084).

was possible, during the time the fight was


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in progress, for any man to leave the crowd | LEARNED and go 40 feet and return with a bat without witness seeing him, which question was ad- LEARNED IN THE LAW dressed to the evidence of the state that de- Where an attorney has been disbarred fendant had done just this thing, is not a for violation of legal ethics, which is one of "leading question”; a question not being the branches required by Pol. Code, $ 686, to leading because it can be answered "Yes" or be considered in passing upon the qualifica"No," but being leading where it suggests the tions of one seeking admission to the bar, he answer desired. People v. Jones, 117 Pac. is not "learned in the law" within the con176, 180, 160 Cal. 358.

stitutional provision requiring that a state's In an action by a mine employé for in- attorney shall be learned in the law. Danjuries resulting from the fall of rock or slate forth v. Egan, 119 N. W. 1021, 1025, 23 S. D. from the roof, a question on the direct ex. 43, 139 Am. St. Rep. 1030, 20 Ann. Cas. 418. amination of a witness called on behalf of

LEARNED PROFESSION plaintiff "whether in that mine that roof will sound all right in response to tapping and

Aliens imported under contract as exdrumming with a pick and in a minute or pert accountants were not members of a two fall," is objectionable as leading. Har- recognized “learned profession,” within Act per v. Black Diamond Coal Co., 142 Ill. App. Cong. March 3, 1903, c. 1012, 32 Stat. 1213, 594, 597.

relating to the departure of aliens, and de

claring in section 4 that the inhibition against A "leading question" is one that may be the importation of aliens to perform labor or answered "yes" or "no,” and suggests the an- services of any kind, skilled or unskilled, swer desired. Indeed, by a "leading" ques- shall not apply to persons belonging to any tion is meant one which suggests to the wit- recognized learned profession. The defininess the desired answer. Merely because it tion of the word "profession” given in the may be answered by “yes” or “no” does not Century Dictonary and approved in United render the question leading. Where a wit- States v. Laws, 16 Sup. Ct. 998, 163 U. S. ness was asked by his counsel (1) “If his 259, 41 L. Ed. 151, is a broad one, and it wife

had ever had any cough or seems not unreasonable to assume that Conlung trouble” prior to a certain exposure; (2) gress qualified it with the adjective "learn“whether or not his wife had ever had any ed” for the express purpose of restricting female trouble” prior to such exposure; (3) the scope of the exception. In re Ellis, 124 “if his wife * ever suffered with Fed. 637, 643. rheumatism, lumbago, or anything of that kind" before such exposure-it was held not

Physicians, teachers, and lawyers beleading, though answerable “yes” or “no." long to the “learned professions." Flanders St. Louis Southwestern R. Co. v. Lowe (Ter.) v. Daley, 48 S. E. 327, 120 Ga. 885. 97 S. W. 1087, 1088 (citing Able v. Sparks, 6

Tex. 350; Mathis v. Buford, 17 Tex. 155 ;
Trammel v. McDade, 29 Tex. 361; Lott v.

See Institution of Learning.
King, 15 S. W. 231, 79 Tex. 292; Birgen v.
Producers' Yard, 11 S. W. 1027, 72 Tex. 55; LEASE
Cleveland v. Duggan, 2 Willson, Civ. Cas. Ct.
App. $ 84).

See Entire Lease; Further Lease; Grant

ed and Leased ; Lessee; Mining Lease;

Oral Lease; Sublease. LEAF TOBACCO

Expiration of lease, see Expire-Espira

tion. Filler tobacco as leaf tobacco, see Filler

See, also, Let.

"The right to lease' by the ordinarily "Congress is, of course, presumed to be accepted meaning of the terms is unto the familiar with the fact that 'leaf tobacco' is lessee. The owner, or first party, grants the divided into classes, or is subjected, before lease, lets or demises the leased premises, being placed in bales, to some kind of an and it is the second party who leases." assortment.” Erhardt v. Schroeder, 15 Sup. Hence where plaintiff's predecessor in title Ct. 45, 48, 155 U. S. 124, 39 L. Ed. 94. as "party of the first part" executed a lease

of certain premises to defendant “as party LEAGUE

of the second part" for a term of two years,

which contained a clause that at the expiraSee Major League; Square League.

tion of the lease the party of the "first part"

should have the privilege of leasing the "League” and “legion" are of entirely premises for a further term of one year, etc., different meanings; "league" being defined the words “party of the first part" used in as an “alliance of persons," and "legion" as such renewal clause were so plainly a clera "military body or organization." People ical error, used in the place of party of the ex rel. Felter y. Rose, 80 N. E, 293, 295, 225 "second part" intended, as to put a purchasIIL 496.

er of the property on inquiry as to the ten


ant's right to renew. Gray v. Maler & Zobe- A "lease" is a contract for the possession lein Brewery, 84 Pac. 280, 281, 2 Cal. App. and profits of land and tenements on the 653.

one side and the recompense of rent or propA "lease" is a commutative contract. erty on the other. Ward v. American Health Werlein v. Janssen, 36 South. 216, 218, 112 Food Co., 96 N. W. 388, 391, 119 Wis. 12. La. 31.

A paper cannot be considered as “A ‘lease' is nothing but a contract, and "lease,” where it is not signed by the lessee, is governed by the same rules that other con- does not identify the premises, or state when tracts are.” Feaster v. Fagan, 113 N. W. the term is to begin or upon what dates the 478, 479, 135 Iowa, 633.

rent is payable. Kuntz v. Mahrenholz, 88 N. The contract employed in the creation of

Y. Supp. 1002, 1003. the relation of landlord and tenant is called An agreement to give a lease is not a a "lease," and with reference to this the par- "lease," unless followed up by occupation, ties are designated as "lessor" and "lessee.” which is evidence of lessee's agreement to Foss v. Stanton, 57 Atl. 942, 76 Vt. 365. hire. Goldberg v. Wood, 90 N. Y. Supp. 427,

428, 45 Misc. Rep. 327. The indenture or writing is the evidence of the lease, though the term "lease" is some- No particular form of expression is nectimes used to designate the writing or instru- sary to constitute a lease, and whatever exment. Mattlage v. McGuire, 111 N. Y. Supp. pressions explain the intentions of the parties 1083, 1085, 59 Misc. Rep. 28.

to be that one shall divest himself of the posThe word “lease” bas a settled technical session of his property and that the other import. It imports a contract by which one

shall take it for a certain period of time are person, either natural or artificial, devests

sufficient, and will amount to a "lease" for himself, or itself of, and another person

the specified time as effectually as if the most takes possession of, lands or chattels for a proper form of words had been used for that term. Moorshead v. United States Rys. Co., purpose. Board of Sup’rs of Hancock County 96 S. W. 261, 272, 203 Mo. 121.

v. Imperial Naval Stores Co., 47 South. 177,

179, 93 Miss. 822, 17 L. R. A. (N. S.) 693. A "lease" in writing constitutes a written contract, and the lessee cannot surren

The word "lease," as used in Burns' Ann. der it or be released from its terms without St. Ind. 1901, $ 5524, providing that any telethe consent of the lessor, and it is absolutely phone company authorized under the act essential to the termination of the term that shall have power to lease or attach to other both the lessor and lessee agree to the sur-telephone lines or exchanges by lease or purrender, and, when this is shown, the tenant chase, does not include the power to sell all is no longer liable. To constitute the surren- the property and franchises of a telephone der there must be a mutual agreement be company to another corporation, nor can the tween the lessor and lessee. Higgins v. power to sell be necessarily implied from the Street, 92 Pac. 153, 154, 19 Okl. 45, 13 L. R. grant of the expressed powers. Cumberland A. (N. S.) 398, 14 Ann. Cas. 1086.

Telephone & Telegraph Co. v. City of Evans

ville, 127 Fed. 187, 193. A "lease" is "a species of contract for the possession and profits of lands and tene- The word “lease," as used in a lease for ments, either for life, or for a certain term a term of one year with the privilege of four of years, or during the pleasure of the par- years' additional “lease," was equivalent to ties." A writing by which defendants gave "term.” Quinn v. Valiquette, 68 Atl. 515, 519, plaintiff the right to enter on and take pos- 80 Vt. 434, 14 L. R. A. (N. S.) 962 (citing session of a strip of their land, and construct Harding v. Seeley, 33 Atl. 1118, 148 Pa. 20. thereon a tramway, and occupy it for a stated

A direction by one who had been occupytime, in consideration of a certain amounting an apartment to the janitress, who was per year, is a lease.

Asher v. Johnson, 82 without authority to lease the same, not to S. W. 300, 301, 118 Ky. 702 (quoting Bouvier). let any one have the apartment during his

An instrument reciting that it is agreed absence, and a statement by him that when that a lease will be given on certain terms, he came back he would sign the lease with and which was preceded by a letter in which the agent and that he wanted it for a year, different terms were proposed, and the par- did not constitute an "oral lease," and was ties subsequently agreed on still other terins, no more than an agreement for a lease. Codid not constitute a "lease,” though it was lumbia Bank v. Clarke, 108 N. Y. Supp. 587, accompanied by a payment of rent and the 588. lessee took possession. Ver Steeg v. Becker- An instrument reciting receipt from deMoore Paint Co., 80 S. W. 346, 351, 106 Mo. fendants of $10 for deposit on rent of two App. 257.

specified lofts, "rent to be $65 per month and To constitute a "lease" the essenti of to run for two years," did not constitute a a contract must be present, and there must be “lease" of the lofts for two years; it having an offer and an acceptance of the terms of been delivered to defendants by an agent of the offer. Israelson v. Wollenberg, 116 N. Y. the owners not authorized to make leases, Supp. 626, 627, 63 Misc. Rep. 293.

and it also being contemplated that a "lease"

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