LEVARI FACIAS, in the English law, is a writ of execution against the goods and chattels of a clerk. Also the writ of execution on judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias, directed to the bishop of the diocese, commanding to cause execution to be made of the goods and chattels of the defendant in his diocese. The writ also recites, that the sheriff had returned that the defendant had no lay fee, or goods or chattels whereof he could make a levy, and that the defendant was a beneficed clerk, &c. See 1 Chit. R. 428; Ib. 583, for cases when it issues at the suit of the crown. This writ is also used to recover the plaintiff's debt; the sheriff is commanded to levy such debt on the lands and goods of the defendant, in virtue of which he may seize his goods, and receive the rents and profits of his lands, till satisfaction be made to the plaintiff. 3 Bl. Com. 417; 11 Vin. Ab. 14; Dane's Ab. Index, h. t. LEVITICAL DEGREES, are those degrees of kindred set forth in the eighteenth chapter of Leviticus, within which persons are prohibited to marry. Vide Branch; Descent; Line. LEVY, practice. A seizure, (q. v.); the raising of the money for which an execution has been issued. In order to make a valid levy on personal property the sheriff must have it within his power and control, or at least within his view; and if having it so, he makes a levy upon it, it will be good if followed up afterwards within a reasonable time, by his taking possession in such a manner as to apprize every body of the fact of its having been taken in execution. 3 Rawle, R. 405, 6; 1 Whart. 377; 2 S. & R. 142; 1 Wash. C. C. R. 29; 6 Watts, 468; 1 Whart. 116. It is a general rule that when a sufficient levy has been made, the officer cannot make a second. 12 John. R. 208; 8 Cowen, R. 192. LEVYING WAR, crim. law, is the assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution. 4 Cranch, R. 473, 4; Const. art. 3, s. 3. Vide Treason; Fries's Trial, Pamphl. This is a technical term, borrowed from the English law, and its meaning is the same as it is when used in stat. 25 Edw. 3; 4 Cranch's R. 471; U. S. v. Fries, Pampl. 167; Hall's Am. Law Jo. 351; Burr's Trial; 1 East, P. C. 62 to 77; Alis. Cr. Law of Scotl. 606; 9 C. & P. 129. LEX. The law. A law for the government of mankind in society. Among the ancient Romans this word was frequently used as synonymous with right, jus. When put absolutely lex meant the Law of the Twelve Tables. LEX FALCIDIA, civil law. The name of a law which permitted a testator to dispose of three-fourths of his property, but he could not deprive his heir of the other fourth. It was made during the reign of Augustus, about the year of Rome 714, on the requisition of Falcidius, a tribune. Inst. 2, 22; Dig. 35, 2; Code, 6, 50; and Nov. 1 and 131. Vide article Legitime, and Coop. Just. 486; Rob. Frauds, 290, note (113). LEX FORI, practice. The law of the court or forum. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclu sively by the laws of the place | M'Cord, 173; 2 Harr. & Johns. where the action is instituted; or 193, 221; 2 N. H. Rep. 42; 5 Id. as the civilians uniformly express it according to the lex fori. Story, Confl. of Laws, § 556; 1 Caines's Rep. 402; 3 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 Conn. R. 472; 7 M. R. 214. 401; 2 John. Cas. 355; 5 Pardes. n. 1482; Bac. Abr. Bail in Civil Causes, B 5; 1 Com. Dig. 545, n. ; 1 Supp. to Ves. jr. 270; 3 Ves. 198; 5 Ves. 750. LEX MERCATORIA. Vide Law Merchant. LEX TALIONIS. The law of retaliation; an example of which is given in the law of Moses, an eye for an eye, a tooth for a tooth, &c. Jurists and writers on international law are divided as to the right of one nation punishing with death, by way of retaliation, the citizens or subjects of another nation; in the United States no example of such barbarity has ever been witnessed; but priso LEX LONGOBARDORUM.The name of an ancient code in force LEX LOCI CONTRACTUS,- among the Lombards. It contains contracts. The law of the place many evident traces of feudal polity. where an agreement is made. Gene-It survived the destruction of the anrally, the validity of a contract is to cient government of Lombardy by be decided by the law of the place Charlemagne, and is said to be still where the contract is made; if valid partially in force in some districts of there, it is, in general, valid every Italy. where. Story, Confl. of Laws, § 242, and the cases there cited. And vice versa, if void or illegal there, it is generally void every where. Ib. § 243; 2 Kent, Com. 457; 4 M. R. 584; 7 M. R. 213; 11 M. R. 730; 12 M. R. 475; 1 N. S. 202; 5 N. S. 585; 6 N. S. 76; 6 L. R. 676; 6 N. S. 631; 4 Blackf. R. 89. There is an exception to the rule as to the universal validity of contracts. The comity of nations, by virtue of which such contracts derive their force in foreign countries, cannot prevail inners have been kept in close confinecases, where it violates the law of our own country, the law of nature, or the law of God. 2 Barn. & Cresw. 448, 471. And a further exception may be mentioned, namely, that no nation will regard or enforce the re-law of nations have divided retaliavenue laws of another country. Cas. Temp. 85, 89, 194. When the contract is entered into in one place, to be executed in another, there are two loci contractus; the locus celebrati contractus, and the locus solutionis; the former governs in every thing which relates to the mode of construing the contract, the meaning to LEX TERRÆ. The law of the be attached to the expressions, and land. The phrase is used to distinthe nature and validity of the engage-guish this from the civil or Roman law. ment; but the latter governs the LEY. This word is old French, performance of the agreement. 8 a corruption of loi, and signifies law; N. S. 34. Vide 15 Serg. & Rawle, for example, Terms de la Ley, Terms 84; 2 Mass. R. 88; 1 Nott & of the law. ment in retaliation for the same conduct towards American prisoners. Vide Rutherf. Inst. b. 2, c. 9; Mart. Law of Nat. b. 8, c. 1, s. 3, note; 1 Kent, Com. 93. Writers on the tion into vindictive and amicable. By the former are meant those acts of retaliation which amount to a war ; by the latter those acts of retaliation which correspond to the acts of the other nation under similar circumstances. Wheat. Intern. Law, pt. 4, c. 1, § 1. LEY-GAGER. Wager of law, (q. v.) LIBEL, practice. A libel has been defined to be "the plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law;" it is also said to be "a short and well ordered writing, setting forth in a clear manner, as well to the judge as to the defendant, the plaintiff or accuser's intention in judgment.' It is a written statement, by a plaintiff, of his cause of action, and of the relief he seeks to obtain in a suit. Law's Eccl. Law, 147; Ayl. Par. 346; Shelf. on M. & D. 506; Dunl. Adm. Pr. 111; Betts, Pr. 17; Proct. Pr. h. t.; 2 Chit. Pr. 487, 533. The libel should be a narrative, specious, clear, direct, certain, not general nor alternative. 3 Law's Eccl. Law, 147. It should contain, substantially, the following requisites; 1. The name, description, and addition of the plaintiff, who makes his demand by bringing his action; 2. The name, description, and addition of the defendant; 3. The name of the judge, with a respectful designation of his office and court; 4. The thing or relief, general or special, which is demanded in the suit; 5. The grounds upon which the suit is founded. All these things are summed up in Latin, as follows: when the cause of action is stated in a continuous narration, when the cause of action can be briefly set forth. The articulate form, is when the cause of action is stated in distinct allegations, or articles. 2 Law's Eccl. Law, 148; Hall's Adm. Pr. 123; 7 Cranch, 349. The material facts should be stated in distinct articles in the libel, with as much exactness and attention to times and circumstances, as in a declaration at common law. 4 Mason, 541. Pompous diction and strong epithets are out of place in a legal paper designed to obtain the admission of the opposite party of the averments it contains, or to lay before the court the facts which the actor will prove. Although there is no fixed formula for libels, and the courts will receive such an instrument from the party in such form as his own skill, or that of his counsel may enable him to give it, yet long usage has sanctioned forms, which it may be most prudent to adopt. The parts and arrangement of libels commonly employed are, 1. The address to the court; as, To the Honorable Archibald Randall, Judge of the district court of the United States, within and for the eastern district of Pennsylvania. 2. The names and descriptions of the parties. Persons competent to sue at common law may be parties libellants, and similar regulations obtain in the admiralty courts and the common law courts, respecting those disqualified from suing in their own right or name. Married women prosecute by their husbands, or by prochein ami, when the husband has an adverse interest to hers; minors, by guardians, tutors, or prochein ami; lunatics and persons non compos mentis, by tutor, guardian ad litem, or committee; the rights of deceased persons are prosecuted by executors or administrators; and cor porations are represented and pro- | ing, or by signs or pictures, tending ceeded against as at common law. 3. The averments or allegations setting forth the cause of action. These should be conformable to the truth, and so framed as to correspond with the evidence. Every fact requisite to establish the libellant's right should be clearly stated, so that it may be directly met by the opposing party by admission, denial or avoidance; this is the more necessary, because no proof can be given, or decree rendered, not covered by and conformable to the allegations. 1 Law's Eccl. Laws, 150; He's Pr. 126; Dunl. Adm. Pr. 113; 7 Cranch, 394. to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive, and expose him to public hatred, contempt or ridicule. Hawk. b. 1, c. 73, s. 1; Wood's Inst. 444; 4 Bl. Com. 150; 2 Chitty, Cr. Law, 867; Holt on Lib. 73; 5 Co. 125; Salk. 418; Ld. Raym. 416; 4 T. R. 126; 4 Mass. R. 168; 2 Pick. R. 115; 2 Kent, Com. 13. In briefly considering this offence, we will inquire, 1st, by what mode of expression a libel may be conveyed; 2dly, of what kind of defamation it must consist; 3dly, how plainly it must be expressed; and 4thly, what mode of publication is essential. 1. The reduction of the slanderous matter to writing, or printing, is the most usual mode of conveying it. The exhibition of a picture, intimating that which in print would be libel 4. The conclusion, or prayer for relief and process; the prayer should be for the specific relief desired; for general relief, as is usual in bills in chancery; the conclusion should also pray for general or particular process. Law's Eccl. Law, 149; and see 3 Mason, R. 503. Interroga-lous, is equally criminal. 2 Camp. tories are sometimes annexed to the libel; when this is the case, there is usually a special prayer, that the defendant may be required to answer the libel, and the interrogatories annexed and propounded. This, however, is a dangerous practice, because it renders the answers of the defend ant evidence, which must be disproved by two witnesses, or by one witness, corroborated by very strong circumstances. The libel is the first proceeding in a suit in admiralty in the courts of the United States. 3 Mason, R. 504. It is also used in some other courts. Vide, generally, Dunl. Adm. Pr. ch. 3; Betts's Adm. Pr. s. 3; Shelf. on M. & D. 506; Hall's Adm. Pr. Index, h. t. ; 3 Bl. Com. 100; Ayl. Par. Index, h. t.; Com. Dig. Admiralty, E; 2 Roll. Ab. 298. LIBEL, libellus, in the criminal law; it is a malicious defamation expressed either in printing or writ 512; 5 Co. 125; 2 Serg. & Rawle, 91. Fixing a gallows at a man's door, burning him in effigy, or exhibiting him in any ignominous manner, is a libel. Hawk. b. 1, c. 73, s. 2; 11 East, R. 227. 2. There is perhaps no branch of the law which is so difficult to reduce to exact principles, or to compress within a small compass, as the requisites of libel. All publications denying the Christian religion to be true, 11 Serg. & Rawle, 394; Holt on Libels, 74; 8 Johns. R. 290; Vent. 293; Keb. 607; all writings subversive of morality and tending to inflame the passions by indecent language, are indictable at common law. 2 Str. 790; Holt on Libels, 82; 4 Burr. 2527. In order to constitute a libel, it is not necessary that any thing criminal should be imputed to the party injured; it is enough if the writer has exhibited him in a ludicrous point of view, has pointed him sold, is a distinct publication, and a fresh offence. The publication must be malicious; evidence of the malice may be either express or implied. Express proof is not necessary for where a man publishes a writing which on the face of it, is libellous, the law presumes he does so from that malicious intention which constitutes the offence, and it is unneces sary on the part of the prosecution to prove any circumstance from which malice may be inferred. But no allegation, however false and malicious, contained in answers to interrogatories, in affidavits duly made, or any other proceedings in courts of is indictable. 4 Co. 14; 2 Burr. 807; justice, or petitions to the legislature, Hawk. B. 1, c. 73, s. 8; 1 Saund. 131, n. 1; 1 Lev. 240; 2 Chitty's Cr. Law, 869; 2 Serg. & Rawle, 23. It is no defence that the matter published is part of a document printed by order of the house of commons. 9 A. & E. 1. The publisher of a libel is liable to be punished criminally by indictment, 2 Chitty's Cr. Law, 875, or is subject to an action on the case by the party grieved. Both remedies may be pursued at the same time. Vide, generally, Holt on Libels; Starkie on Slander; 1 Harr. Dig. Case, I.; Chit. Cr. L. Index, h. t.; Chit. Pr. Index, h. t. LIBELLANT. 3. If the matter be understood as scandalous, and is calculated to excite The party who ridicule or abhorrence against the files a libel in a chancery or admiparty intended, it is libellous, how-ralty case, corresponding to the plainever it may be expressed. 5 East, tiff in actions in the common law 463; 1 Price, 11, 17; Hob. 215; courts, is called the libellant. Chit. Cr. Law, 868; 2 Campb. 512. 4. The malicious reading of a libel to one or more persons; it being on the shelves in a bookstore, as other books, for sale; and where the defendant directed the libel to be printed, took away some and left others; these several acts have been held to be publications. The sale of each copy, where several copies have been LIBER FEUDORUM. A code of the feudal law, which was compiled by direction of the emperor Frederick Barbarossa, and published in Milan in 1170. It was called the Liber Feudorum, and was divided into five books, of which the first, second, and some fragments of the others still exist, and are printed at the end of all the modern editions of the Cor |