In Const. § 193, the phrase "legal or per- | ecutor, though this is not their only definisonal representatives," embraces not only the tion. They may mean heirs, next of kin, or executor or administrator, but the heirs or descendants, and sometimes assignees or next of kin, as the case may be, and action grantees. The sense in which the term is to for death may be brought by the executor, be understood depends somewhat on the inadministrator, heirs, or next of kin, and the tention of the party using it, and is to be widow, children, and administrator may join gathered, not altogether from its use, but in an action. Yazoo & M. V. R. Co. v. Wash- by the surrounding circumstances." Whether ington, 45 South. 614, 92 Miss. 129. a trustee in bankruptcy is a "legal representative" within Act June 3, 1864, § 30, 13 Stat. 108, c. 106 (Rev. St. §§ 5197, 5198), providing that, where a greater rate of interest has been paid a bank than that allowed by that section, the person paying the same or his "legal representative" may recover back twice the amount of interest so paid, might admit of doubt. Reed v. American-German By "legal representatives" in a bequest in trust to pay the income to H., nephew of testatrix, and, at his death, the principal to such of his legal representatives "as are related to me by blood," is meant his heirs at law. Hartford Trust Co. v. Wolcott, 81 Atl. 1057, 85 Conn. 134. A life policy stipulated that the insurer agreed with the "insured, his executors, ad ministrators and assigns," to pay the amount of the policy to the insured's "legal representatives" within a specified time after proof of the death of the insured. The insured, at the time the policy was issued, was unmarried. Held, that the words "legal representatives" meant the insured's executors or administrators, and not his next of kin. New York Life Ins. Co. v. Kansas City Nat. Bank, 97 S. W. 195, 196, 121 Mo. App. 479. Receiver A provision in an insurance policy that, where the expression "insured" is used therein it shall include the "legal representatives" of the insured, does not entitle a receiver to take the place of the insured in answer to a demand by the company that the insured Nat. Bank, 155 Fed. 233, 236 (citing 6 Words As residence, see Residence. Resident importing, see Resident. The "legal residence" of a corporation, within a statute providing that actions shall be tried in the county in which defendant resides, etc., is the county designated in its articles of incorporation as the county in which its principal office shall be kept. Woods Gold Min. Co. v. Royston, 103 Pac. 291, 292, 293, 46 Colo. 191. "There is a broad distinction between shall appear for examination under oath re-dence' (domicile) cannot, in the nature of a legal and actual residence. A 'legal resispecting a loss, as required by the policy, although the receiver was appointed for the express purpose of collecting the insurance; the insured having absconded and having been adjudged a bankrupt. Sims v. Union Assur. Soc., 129 Fed. 804, 805, 808. Spouse things, coexist in the same person in two states or countries. He must have a legal residence somewhere. He cannot be a cosmopolitan. The succession to movable property, whether testamentary or in case of intestacy, except as regulated by statute, the jurisdiction of the probate of wills, the right The fact that the statute authorizes to vote, the liability to poll tax, and to miliproof to be made by the heirs or “legal rep-tary duty, and other things, all depend upresentatives" does not give the widow, claim- on the party's legal residence or domicile. ing only a dower interest, any title in the land, since the quoted phrase, in its ordinary acceptation, means executor or administrator. Braun v. Mathieson, 116 N. W. 789, 791, 139 Iowa, 409. Surviving partner For these purposes, he must have a legal residence. The law will, from facts and circumstances, fix a legal residence for him, unless he voluntarily fixes it himself. His legal residence consists of fact and intention. Both must concur. And when his legal resi dence is once fixed, it requires both fact and intention to change it. As contradistinguish Under the statute prohibiting a party to testify against the opposite party in actions by or against the heirs or legal representa-ed tives of a decedent arising out of any transaction with such decedent, etc., a surviving partner, suing for the benefit of the firm, is not a “legal representative" of the deceased partner. Shivel & Stewart v. Greer Bros. (Tex.) 123 S. W. 207, 208. Trustee in bankruptcy "The terms 'legal representative' and 'personal representative,' in their commonly accepted sense, mean administrator or ex from his legal residence, he may have an actual residence in another state or country. He may abide in the latter without surrendering his legal residence in the former, provided he so intends. His legal resbe merely ideal, but his actual residence idence, for the purposes above indicated, may must be substantive. He may not actually abide at his legal residence at all, but his actual residence must be his abiding place." Pickering v. Winch, 87 Pac. 763, 766, 48 Or. 500, 9 L. R. A. (N. S.) 1159 (quoting and adopting definition in Tipton v. Tipton, 8 S. W. 440, 87 Ky. 245; Michael v. Michael, 79 S. W. 74, 75, 34 Tex. Civ. App. 630). The actual residence is not always the "legal residence" or inhabitancy of a man. The foreign minister actually resides and is personally present at the court to which he is accredited, but his "legal residence" or inhabitancy or domicile are in his own country. Under Code Iowa, § 2906, which requires a chattel mortgage to be recorded in the county where the holder of the property resides, a mortgagor may be a resident of a county, within the meaning of the statute, although his legal domicile is elsewhere; and a mortgage given by a railroad contractor on property in his possession, in a county where he is at work, and in which he actually resides with his family, while engaged in performing his contract, is properly recorded in such county, although his residence there may be only temporary. In re Brannock, 131 Fed. 819, 822, 823. LEGAL RIGHT See Mutuality of Legal Right. A "legal right" is a claim recognizable and enforceable at law. In re Folwell's Estate, 62 Atl. 414, 415, 68 N. J. Eq. 728, 2 L. R. A. (N. S.) 1193. By "legal rights" are meant rights which have been firmly established, and are undisputed or indisputable. Tacoma R. & Power Co. v. Pacific Traction Co., 155 Fed. 259, 261. The words "legal right,” within the rule relating to uttering forged writings to the effect that the writing forged or counterfeited must be apparently such as will deprive a person of property, estate, or a "legal right," evidently mean a right that may be enforced in a civil action. Commonwealth v. Tabor (Ky.) 104 S. W. 261, 262. A cause of action is inconceivable separately from the rights which it invades, and a legal right is inconceivable separately from possible infractions of that right. A "legal right" or title in this aspect is the privilege found in law against certain acts or omis sions on the part of others. Telulah Paper Co. v. Patten Paper Co., 112 N. W. 522, 524, 132 Wis. 364, 425. LEGAL SEPARATION The provision of Code, § 966, that "legal separation from bed and board may be granted for drunkenness, cruelty, and desertion," read in connection with the other sections of the Code relating to divorce, and their index or head lines, which plainly contemplate and provide for the two kinds of divorce known to the law before the adoption of the Code, namely, divorce a vinculo and divorce a mensa et thoro, has no application to voluntary deeds of separation, nor does it apply to divorce a vinculo, but means that a divorce a mensa et thoro may be granted for the causes mentioned; the prefixing of the adjective “legal" to the words "separation from bed and board" being only an inartificial mode of expressing the meaning of what would have been better expressed by the use of the word "divorce," instead of the term "legal separation." Maschaur v. Maschaur, 23 App. D. C. 87, 89. LEGAL SERVICES "Legal services" are "extraordinary services" within Rev. St. 1898, § 3929, providing that an allowance may be made to administrators for all extraordinary services. In re Ryan's Estate, 94 N. W. 342, 344, 117 Wis. 480. LEGAL SETTLEMENT Rev. Pol. Code 1903, §§ 2810, 2812, charge the care of an insane person to a county where he has acquired a "legal settlement," without defining what shall constitute such a settlement. Held, that it must be deemed to have been used with the same meaning as in section 2764, relating to poor and indigent persons, and providing that they acquire a "legal settlement" charging a county with their support by a residence therein, for 90 days which they lose by acquiring a new one or by willful absence from the county for 90 days; it not appearing that a legal supplement was otherwise defined by any statute. In re Bigelow, 96 N. W. 698, 17 S. D. 331. LEGAL SHARE The words "legal share," standing alone and unqualified by other expressions in a will whereby testator gave to his wife the legal share of his real estate and personal The order of deportation of a Chinese property, indicate an intention that she shall person, who has plainly violated the exclu- take one-half of the personal property absosion act, made by a court of the United lutely and the income of one-half of the real States, pursuant to the acts of Congress, is estate for life, in the absence of any children not made in an ordinary justiciable case, and of the parties, and a will whereby testator does not deal with "legal rights," as that ex-gave to his wife described property for use pression is generally understood. It merely as long as she desired, after which the same involves the pretended claim to remain in should be sold by his executors and become this country of an individual who, against a part of his estate, and whereby he declared settled American policy and against the posi- that the legal share of his real estate and pertive command of our statutes, has surrepti-sonal property should be paid to his wife as tiously and fraudulently obtruded his unac- her share, and whereby he gave a legacy in ceptable presence among our people. Unit- money and the balance of his estate to ed States v. Fah Chung, 132 Fed. 109, 110. enumerated relatives, and whereby he di rected his executors to dispose of all his estate within a specified time, used the term in such sense. In re Dull's Estate, 71 Atl. 9, 10, 222 Pa. 208, 128 Am. St. Rep. 796. LEGAL SUBDIVISION "Legal subdivision," as used in Gen. St. 1901, § 6339, requiring each "legal subdivision of school land to be appraised separately prior to its being exposed to sale, refers to the smallest subdivision under the congressional system of surveying, namely (except where for special reasons lots are platted in more or less irregular shape as in the case of fractional sections), quarter-quarter sections, or 40-acre tracts. Hopper v. Nation, 96 Pac. 77, 78, 78 Kan. 198. LEGAL SURVEY Act March 30, 1872 (St. 1871-72, p. 766, c. 531), for the survey of a line dividing particular counties, declaring that the line so surveyed should be conclusive until the Legisloture should change it or order another survey, did not repeal Pol. Code, §§ 3969-3972, providing that any county lines not adequately marked should be run and marked by the Surveyor General; and hence a survey under the special act was a "legal survey." Trinity County v. Mendocino County, 90 Pac. 685, 686, 151 Cal. 279. LEGAL TENDER As money, see Money. A decree requiring payment at a certain time is not complied with by a tender of the amount in "national bank notes." Lawrence v. Staigg, 10 R. I. 581, 598. per title, but such a title as undisputed will sustain an action of ejectment. Aubuchon v. New York, N. H. & H. R. Co., 122 N. Y. Supp. 581, 583, 137 App. Div. 834. The Supreme Court of Appeals of West Virginia, referring to a statement in Adams V. Alkire, 20 W. Va. 480, in regard to adrial whether this color or claim of title be unverse possession, that "it is entirely immateder a good or bad, a legal or equitable title," say that they "do not think the judge meant to say that an equitable title is color of title. claim, two distinct things. This is followed by the terms 'legal title' and 'equitable title.' In his statement he includes both color and We think that he meant that the terms 'legal' and 'equitable' should be used distributively; 'legal' referring to color of title and equitable' to claim." Lewis v. Yates, 59 S. E. 1073, 1075, 62 W. Va. 575. LEGAL VOTER Nonregistered electors who may exercise the right to vote at an election by the production of the proof required by L. O. L. § 3463, prescribing the manner in which nonregistered electors may establish their right to vote, are "legal voters" within Const. art. 11, § 2, and article 4, § 1a, granting to legal voters the right to amend their municipal charter, and such electors may sign an initiative petition proposing an amendment to the charter. Woodward v. Barbur, 116 Pac. 101, 104, 59 Or. 70. * * and has To constitute a "legal tender" it is essential to prove an actual offer of the sum due, A county court, in considering a petition unless the actual production and offer of the for an election to determine whether the sale money be dispensed with by the express dec-of liquors shall be prohibited, recited in their laration of the creditor that he will not ac-order that the matter came before them on cept it, or by some equivalent act. Green- the petition of "legal voters" of the county, wood v. Watson, 171 Fed. 619, 621, 96 C. C. and that, "it appearing to the court that said A. 421 (citing Buchenau v. Horney, 12 Ill. petition is signed by more than 10 per cent. 336). of the qualified electors, been properly compared and certified to be genuine and is in all respects in due form of law, it is therefore considered and ordered by the court that the prayer of said petition be and the same is hereby granted." Held, that the terms "legal voters" and "qualified electors" as used in the order are not equivalent to "registered voters" as used in Laws 1905, p. 41, providing for the calling of an election to determine whether the sale of intoxicating liquors shall be prohibited on petition of 10 per cent. of the "registered voters." Roesch v. Henry, 103 Pac. 439-441, 54 Or. 230. A bill of exchange is not "legal tender." See Inchoate Legal Title. A purchaser's interest in land by virtue W. 139, 140, 150 Iowa, 604. The phrase "legal title" in Code Civ. Proc. § 368, providing that in an action to recover real property he who establishes a legal title to the premises is presumed to have been possessed thereof within the time required by law, is not necessarily a mere pa Laws 1905, p. 41, provides that whenever a petition therefor, signed by not less than 10 per cent. of the "registered voters" of any county, shall be filed with the county clerk, the county court shall order an election to determine whether the sale of liquors shall be prohibited, and that, in determining whether any such petition contains the requisite percentage of "legal voters," said percentage shall be based on the total vote in such county for Justice of the Supreme It is the general rule of law that "a 'legal wrong' is committed whenever a man is dispossessed of his property against his will." De Vries v. Crofoot, 111 N. W. 775– 777, 148 Mich. 183. LEGALITY Where plaintiffs recovered against a county for taxes paid on an alleged erroneous assessment of a section of land which by mistake of the taxing officers was assessed as containing more land than it in fact contained, the action did not involve the "legality of a tax or assessment," within provisions permitting an appeal to the Supreme Court in certain cases involving the legality of a tax or assessment. Thomas v. Lincoln County, 83 Pac. 18, 24, 41 Wash. 150. Court at the last preceding general election, | LEGAL WRONG A nonregistered voter may sign a petition for the nomination of a candidate for a public office, though the statute uses the words "voter" and "legally qualified voter or elector." In re Herman, 96 N. Y. Supp. 144, 145, 108 App. Div. 335. The General Election Law (P. L. 1898, p. 319) defines the phrase "legal voters" as persons entitled to vote and who do vote at the time and in the manner prescribed in and by the statute on the question or proposition submitted. Murphy v. City of Long Branch (N. J.) 61 Atl. 593, 594. Revision 1898, Act April 4, 1898, § 185 (P. L. p. 319), declares the meaning of the words "legal voters" to be persons entitled to vote and who do vote at the time and in the manner prescribed in and by the statute upon the question or proposition submitted. Nugent v. City of Newark, 72 Atl. 11, 12, 77 N. J. Law, 425. A finding by the county court in an order calling the election that a petition for a local option election was signed by "legal" voters, when L. O. L. § 4920, requires such petition to be signed by "registered" voters, would not invalidate the election; "legal" voters being synonymous with "registered" voters as used in the statute. State v. Billups, 127 Pac. 686, 689, 63 Or. 277. Article 4, §§ 2 and 3, of the state Constitution, provides that senators and members of assembly shall be elected by the legal voters. "Legal voters" are the male citizens who, by article 2, are given a vote for officers elected by the people. Carpenter v. Cornish, 85 Atl. 240, 243, S3 N. J. Law, 696. LEGALLY The conclusion of the court in an action involving the dedication of a street, tried to the court without a jury, that the street was never "legally" dedicated to the public, was properly designated as a conclusion of law, and was reviewable on appeal; the word "legally" clearly indicating that the court referred to a statutory dedication. Sweatman v. Bathrick, 95 N. W. 422, 424, 17 S. D. 138. LEGALLY ASSESSED Under Rev. Code Civ. Proc. § 54, making 10 years' possession under color of title, and payment of all taxes "legally assessed," ground for an adjudication of ownership, actual possession and payment of taxes under color of title, and in good faith, for the required period, entitles one to be deemed the legal owner, although the assessment of taxes for one or more of the years may be technically illegal; the term "legally assessed" meaning merely assessed under color of legal authority. Murphy v. Nelson, 102 N. W. 691, 694, 19 S. D. 197. Mills' Ann. St. § 3807, requires the state board of equalization to make assessments upon railways, and include therein its rights of way, etc., and the revenue act (Laws 1902, c. 2) requires,such board to assess all property used or controlled by railroad companies with certain exceptions. Held, that a railroad company in possession of and using land as its right of way was "legally assessed" thereon by the state board of equalization, wi pening of Sess. Law 1993, c. 118, § 6 (Rev. St. 1908, § 4089), making every person the legal owner of land who is in the actual possession thereof as stated, for seven successive years, and during such time pays all taxes legally assessed thereon. Denver & R. G. R. Co. v. Doelz, 111 Pac. 595, 596, 49 Colo. 48. LEGALLY AUTHORIZED See Lawfully Authorized. LEGALLY CAUGHT LEGALLY CHARGED Under policies issued to employers and railroad companies insuring them against damages with which they might be "legally charged" by reason of injuries to employés or to persons or property while being transported, the liability of the insurer arose on the happening of the injury, and not at the time judgment was recovered against the insured for such injury. Ross v. American Employers' Liability Ins. Co., 38 Atl. 22, 23, 56 N. J. Eq. 41. LEGALLY COMPETENT The words "legally competent" mean that the person named as executor must be of legal age, of sound mind and memory, and untainted by conviction for a crime which renders the convicted person Clark v. Patterson, 114 Ill. App. 312, 316. LEGALLY CONSTITUTED COURT infamous. LEGALLY LIABLE Where a bill of lading contained a provision that neither the company nor any connecting carrier shall be liable for damages to or the destruction of the cotton by fire, and the consignor of the cotton gave up insurance thereon in his favor and took out a policy in favor of the carrier, fully protecting it from loss or destruction by fire, such insurance was a valid consideration for the promise not to insist on recovery of damage on account of the destruction by fire contained in the bill of lading, for it fully protected the carrier from loss or damage by fire for which it was "legally liable," and this included liability resulting from the negligence of its own employés, and for which it was unquestionably liable to the consignor, notwithstanding the exempTexas & P. R. tion in the bill of lading. Co. v. Cau, 120 Fed. 15, 16, 57 C. C. A. 35. LEGALLY REQUIRED Code Civ. Proc. § 1989, provides that a witness is not obliged to attend as witness before any court out of the county in which he resides, unless the distance be less than 13030 miles from his residence to the place of A de facto court is a "legally constituted court" within a habeas corpus statute. State ex rel. Bales v. Bailey, 118 N. W. 676, 678, 106 Minn. 138, 19 L. R. A. (N. S.) 775, Am. St. Rep. 592, 16 Ann. Cas. 338. LEGALLY DISCHARGED The phrase "legally discharged," as used in Code Civ. Proc. § 2972, providing that every guardian of an incompetent person shall have the custody of the person of his ward and his estate until such guardian is "legally discharged," does not mean until he is discharged by an order of the court, but his authority is terminated under section 2973 ipso facto by an adjudication of resstitution to capacity. In re Scheuer's Estate, 79 Pac. 244, 246, 31 Mont. 606. LEGALLY DUE Where a city tax was assessed against a bankrupt's property on May 1, 1899. prior to his being adjudged a bankrupt on August 8th, such taxes became "legally due and owing" on the day they were assessed, within Bankr. Act July 1, 1898, § 64, c. 541, 30 Stat. 563, making such taxes a preferred claim against the bankrupt's estate, though the taxes were not payable until after the adjudication. In re Flynn, 134 Fed. 145. The franchise tax assessed under Gen. St. N. J. 1895, §§ 251, 252, 257, 258, 260, on the basis of the capital stock of a corporator issued and outstedinthe 1st of January preceding the making of the return, is "legally due and owing" within the meaning of Bankr. Act July 1, 1898, § 64a, providing that taxes must be paid in advance of the payment of dividends to creditors, although such tax may not have been collectible until after the corporation was adjudged a bankrupt. State of New Jersey v. Anderson, 27 Sup. Ct. 137, 141, 203 U. 483, 51 L. Ed. 284. 3 WDS.& P.2D SER.-6 S. trial, and by Pol. Code, § 4300g, witnesses, when "legally required" to attend the superior court in civil cases, are entitled to mileage actually traveled. Witnesses for the plaintiff residing 200 miles from the place of trial, without subpoena, and on the request of the plaintiff, voluntarily went from their residence to the place of trial and testified. Held, that they were not "legally required" to attend, and hence were not entitled to the mileage allowed by section 4300g, and that an allowance for mileage could not be taxed in plaintiff's cost bill. Naylor v. Adams, 114 Pac. 997, 998, 15 Cal. App. 353. A witness may waive the manner of service and accept service in some other form though not in strict compliance with the statute, and he will be required to obey a subpoena so served, so that such witnesses were "legally required to attend," within Comp. Laws 1907, § 994, so as to be entitled to mileage fees from their home to the place of trial. Holt v. Nielson, 109 Pac. 470, 475, 37 Utah, 566. LEGALLY SUFFICIENT Under L. O. L. § 3474, providing that the court, on a showing that any petition for a referendum is not legally sufficient, may enjoin the Secretary of State and all other officers from certifying or printing the title and number of the measure on the official ballot, the petition, to be “legally sufficient," must be a valid petition, signed by legal voters, and complying substantially with the requirements of the law; and, although a petition appears regular on its face, the court may inquire into its legal sufficiency. State v. Olcott, 125 Pac. 303, 304, 62 Or. 277. |