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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to suffer a particular punishment at a particular time, and the execution of that sentence is postponed, suspended, or withdrawn, for an interval of time, by the proper authority, it is cal led a reprieve ; from reprendre, to take back.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
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
Socage is a tenure by certain and honorable service.
enumerated documents to be stamped with a stamp by the govern-
Law, making such provisions, would be called a Stamp Act.
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
A versus B.
witness gives his testimony in open court, in the presence of the au
If his testimony is written down, and read, it is called his Deposition.
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.
289. Of Senators, 73, 291
compelled to attend,90,91,292. dent, 167, 298.
bidden,156,296. See Alliances
sioners at, in 1785, 33.
86. Privileges to the, 230– make, 146, 296. Washington,
by the President, 176, 299.
213, 221, 223, 300.
the United States, 34. Various 161, 303. On the election of
304. On trial by jury, 230,
292. Bills not approved by the 303. On excessive bail, fines,
Mode of making, 246, 302. Re
tion, jurisdiction of the Supreme 303. Articles of, 303.
11. Their title to the soil, 13.
ment of the, 15. Governments