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cestor, is a privy under the latter. An executor is a privy under his

intestate. A purchaser is a privy in estate from the seller. Process of Law. Process means the writs and other compulsive writ

ten orders, issued in any civil or criminal case, to compel the appeare ance of a party or witness, or to enforce obedience to the judgement,

or other order of a court of justice. Property in Contingency, is property, to which there is no absolute

right or title in a party, but its vesting in him is dependent upon a future uncertain event. Thus, a legacy to a man, who is under age, if he arrives at twenty-one years, is property in contingency. Proprietary. This phrase is equivalent to owner or proprietor. But

it is usually limited to persons, who possess a right to territory, with the powers of government therein. 'Thus, Penn was called the Proprietary of Pennsylvania, and Lord Baltimore, of Maryland; because, by grants from the King of England, not only the territory of those

Colonies, but the right of governing them, was vested in them. Pro tempore, literally, for a time. It means, that a person is not the

regular officer holding an office, but one holding it for a short and uncertain period. Thus, the Vice President of the United States is the regular President of the Senate ; but, in his absence, the Senate may appoint a President, pro tempore, to perform his duties. Provincial Congress, see Continental Congress. Real Estate, see Estate. Records of a Court. These are the written memorials of the trans

actions of a court of justice, drawn up in form by its regular officers, and styled records, because the acts and doings of the Court are therein recorded fully and truly, so as to be received as absolutely

correct. Replication is the written reply of the Plaintiff in a suit, to the plea

put in by the Defendant in the same suit. Its true object is, 'to deny or destroy the validity of the plea, as a bar to the suit. Reprieve. When a criminal has been condemned, by the sentence of

a court of justice, to suffer a particular punishment at a particular time, and the execution of that sentence is postponed, suspended, or withdrawn, for an interval of time, by the proper authority, it is cal led a reprieve ; from reprendre, to take back. Return-Day of Process. Whenever a writ or process is issued by a

court of justice, to an officer, or other person, to be by him executed, according to the command therein stated, it usually contains a fixed time, when the officer is to make a return of that writ or process, with a written statement of his acts or proceedings done under it. That time is the return-day ; and that written statement is technically cal

led his Return. Right, Possessory. A man, who is in possession of property, having a

right to possess it, is said to have a possessory right. Thus, a man, who hires a horse and chaise for a journey, has a possessory right to the horse and chaise for that journey, although the person, who lets them, is the general owner. So a man in possession of land, as a tenant, has a possessory right in the land, although it is owned by

his landlord. Sergeant-at-Arms. The name of the officer of a legislative body, who

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serves processes, and executes the orders of that body upoa soleni

occasions. Socage, a word of feudal origin, and, in that system, the tenure, by

which a man holds lands, is to render therefor some certain and des
terminate service, in contradistinction to tenure of lands by uncertain
and precarious services, where the tenant was obliged to render such
service as the grantor might, from time to time, require of him. Frce

Socage is a tenure by certain and honorable service.
Stamp Act. An act or statute, which requires certain papers and

enumerated documents to be stamped with a stamp by the govern-
ment, before they have any validity ; and imposes a certain tax or
duty for the stamping such papers or documents. Thus, if the gov-
ernment should declare, that every deed or promissory note should
be written on paper stamped by the government, and require the
party to pay a fixed sum or tax for such stamped paper, the Act or

Law, making such provisions, would be called a Stamp Act.
Stand seised. A man is said to stand seised of land, who is in posses

sion of it under a claim or title to it, either in fee., or, at least, for life. State Trials are trials for crimes or offences in Courts of justice.

They are called State trials, because the State or Government prose

cutes the suit or indictment. Statute. An act or law, passed by a Legislature. It is called a

Statute, from Statutum, a thing ordered or appointed by the Legis

lature. Statute of Limitations. A statute or law, which limits the time with

in wbich a suit or action may be brought in a court of justice. Such

statutes exist in every State in the Union. Suit at Law is the remedy, which a person, aggrieved by any wrong

done to him, seeks, in a court of law, for redress of the wrong. Tonnage Duty is a tax or duty laid by the Legislature, or other com

petent authority, upon ships or vessels, in proportion to their tonnage Tort is a wrong or injury done by one man to another, or to his prop

erty or rights. It includes all trespasses ; but is a word of larger signification. Treaty of Peace, of 1783, is the treaty made between Great Britain

and the American States, by which Great Britain acknowledged our Independence, and surrendered her claims to our Territory. It closed the War for our Independence; and will be found in the Ap

pendix to the present Volume, pp. 324–329. Trespass is a wrong or injury done by one man to another, or to his

property or rights. When the word is used, alone, it means some
wrong done by violence, or force, or some illegal act. Thus, if a
man unlawfully strikes another, or unlawfully takes possession of
the land or goods of another, he is said to be guilty of a trespass.
V. is often put for versus, or against. Thus, a suit is said to be by

A versus B.
Viva Voce, literally, by the living voice, or orally. Thus, when s

witness gives his testimony in open court, in the presence of the au
dience, and answers, by word of mouth, we say, his testimony is

If his testimony is written down, and read, it is called his Deposition.

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viva voce.


Warrant is a written, sealed order, command, or writ, requiring and

authorizing an officer or other person to do a particular act. It is usually applied to the process, by which criminals are arrested for trial or examination. Writ of Error is a writ, which authorizes a Court of justice to bring

a record before it, either of the same court, or of another court, in order to examine and decide, whether there is any error of law in the judgement, or other proceedings in that record ; and, if there be,

to correct the error. Writ of Habeas Corpus, see Habeas Corpus.

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289. Of Senators, 73, 291
Absent members of Congress, or President and V ce-Presi.

compelled to attend,90,91,292. dent, 167, 298.
Absolute governments, the pow-|| Agreements between States, for.
ers of, 46.

bidden,156,296. See Alliances
Account of the receipts and expen- || Alexandria, meeting of commis-
ditures of all public money, to

sioners at, in 1785, 33.
be published, 144, 145, 296. Aliens, suits by and against, in the
Accusation, self, criminals not courts of the United States,
bound to, 230, 233, 304.

See Foreigners.
Accused, in cases of impeachment, Alliances, States forbidden to

211, 300.

86. Privileges to the, 230– make, 146, 296. Washington,
234, 304. Not bound to testi- on domestic, 313 ; on foreign,
fy against themselves, 230, 233, 321. See Agreements, and
304. Examination of witnesses Combination.
against the, 231, 235, 304. | Ambassadors, appointment of,
Counsel for, 231, 236, 304. 172, 173, 299. To be received
Confessions of, 241.

by the President, 176, 299.
Acts, public, of the States, faith to Suits by and against, 186, 192,
be given to, 135, 301.

213, 221, 223, 300.
Adams, John, Vice-President of || Amendments to the Constitution,

the United States, 34. Various 161, 303. On the election of
offices held by, 325. Minister President and Vice-President,
Plenipotentiary for the conclud- 161,163,305. On suits by and
ing and signing the Definitive against the States, 203, 205,
Treaty of Peace, between the 216, 305. On the appellate ju-
United States of America and risdiction of the Supreme Court,
his B:itannic Majesty, in 1783, both as to law and fact, 225,
325, 329.

304. On trial by jury, 230,
Adjournment of Congress, 92, 304. On search-warrants, 237,

292. Bills not approved by the 303. On excessive bail, fines,
President at the time of, 98, and punishments, 237,238, 304.
100, 293.

Mode of making, 246, 302. Re
Admiralty and maritime jurisdic- specting religious tolerance, 254,

tion, jurisdiction of the Supreme 303. Articles of, 303.
Court in cases of, 186, 187, || American, Washington on the
194, 196, 221, 300.

name, 310.
Admission of New States int) the || American Colonies, history of the,
Union, 137, 301, 307.

11. Their title to the soil, 13.
Atirination, substitution of, for Times arıd manner of the settle.
oath, 252, 298, 303.

ment of the, 15. Governments
Age, of Representatives, 54, 73, of the, 17. Rights and privi

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