GLOSSARY.

If you do not find the definition or explanation you seek in this list, consult the reference given in the Index.

ABSTRACT OF TITLE. An outline history of the title or ownership of land, giving each transfer, mortgage, lien or other charge affecting the ownership.

ACKNOWLEDGMENT.

The act by which one who has signed a deed or other legal paper declares before a justice, judge, or notary public that it is his free act and deed. The certificate of the officer is also called an acknowledgment.

ACTION.

The proceeding in court to enforce a right. Also called a suit. A criminal action is one prosecuted by the state against a person charged with a public offense, for the punishment thereof. All others are civil actions.

ADMINISTRATOR. A man appointed by a county judge to take charge

of the property or estate of a person who has died without making a will. If a woman is appointed she is called an administratrix. AFFIDAVIT. A written declaration under oath, made without notice to the adverse party. See "deposition."

ASSETS. Property available for the payment of debts.

ATTACHMENTS. The seizure of property by a legal process for the purpose of having it disposed of according to law.

BAIL. The security given for the appearance of a prisoner before the court. The bail may be cash or a bond signed by some person who is competent to pay the sum named if the prisoner does not appear at the proper time. Where a prisoner's own bond is accepted it is called a recognizance.

BAILMENT. The holding by one person of another person's property. The person holding the property is called the bailee.

the bailor.

CERTIORARI. See "writ."

CHATTEL. An article of personal property.

The owner is

CHATTEL MORTGAGE. A mortgage in which horses, furniture, or other chattels are offered as security for the payment of a debt.

CODE.

A body of laws on a given subject. In 1903 the state legislature adopted what are called the "Revised Codes of 1903." These include a political code, a civil code, a code of civil procedure, a probate code, a justice code, a penal code, and a code of criminal procedure. COMMON LAW. The old laws of England developed by usage. They are in force in South Dakota in those cases not provided for by legislative enactment.

CONTRACT. A contract is an agreement between two or more persons, based upon consideration, to do or not to do some particular thing. To be legal and binding:

1. There must be an offer by one party and an acceptance of the offer by another.

2. The parties to the contract must be of lawful age and sound mind, excepting when it is a contract for necessaries.

3. There must be consideration. This may be money, goods, or a valuable act performed, or a promise of it. If a contract without consideration has been performed it is legal, but a gratuitous promise cannot be enforced. A past consideration will not support a promise. 4. The thing performed must not be unlawful.

5. An oral contract is just as binding as a written contract with a few exceptions. The following contracts must be in writing to be enforced in South Dakota :

a. For the sale of land or for its rental for more than one year.

b. For the sale of personal property to the value of $50.00 or more, unless there be a part payment or the delivery of a part of the goods.

C. Contracts not to be performed within a year or extending over more than a year.

d. An agreement to pay the debt or default of another.

e.

An agreement made upon consideration of marriage, other than a mutual promise to marry.

CORPORATION. "A corporation is a creature of the law, having certain powers and duties of a natural person." "Corporations are either public or private." "Public corporations are formed or organized for the government of a portion of the state. Such corporations are regulated by the political code, or by local statute. Private corporations are formed for the purpose of religion, benevolence, education, art, literature, or profit; and all corporations not public are private. The instrument by which a private corporation is formed is called 'articles of incorporation,' or certificate of incorporation.' And onethird of the officers of such corporations shall be residents of this state."-Civil Code. DEED, WARRANTY. A written contract whereby one person conveys his right and title to land to another person and guarantees his ownership. A quitclaim deed simply conveys whatever title is possessed but does not warrant the ownership.

DEFENDANT. The party against whom an action is brought. DELINQUENT. (a) A person under eighteen years of age who is guilty of immorality, truancy from school, the use of cigarettes, or other wrong doing. Such person is subject to commitment to the state training school. (b) Taxes or debts due and unpaid are said to be delinquent. DEPOSITION. A written declaration under oath, made after notice has been sent to the adverse party for the purpose of enabling him to attend and cross-examine; or made upon written questions. When it is impossible for a witness in a case to attend court and testify, his deposition may be taken and presented as evidence.

EASEMENT. Certain rights in land are called easements. Among them are the right of pasturage, of fishing, of hunting, or travel, of water, of wood or minerals, of conducting lawful sports, of burial. (If a person has the right to be buried on a certain piece of land this right is called an easement.)

EMINENT DOMAIN. The right of the government to take private property for public uses. This right may be exercised by the United States, the state, the county, the city, the township, the town, and the school district. The state permits railroads, and telegraph and telephone companies to exercise the right of eminent domain to a certain extent. All private property thus taken must be paid for. If necessary a board of appraisers is appointed to determine the value of the property. EXECUTION. a. The legal taking of a human life; in South Dakota by hanging. It is called capital punishment and may be inflicted only for treason or murder in the first degree (deliberately planned). Many states have abolished capital punishment, as it is not a preventive of crimes of that kind.

b. The legal process of taking property for the payment of a debt. There are three kinds of executions: (1) against the property of one who owes debts, has been sued and judgment has been rendered against him by the court. (See Exemptions in the Index.) (2) Against the person in the form of an arrest if he is about to leave the state without paying his debts, or if property is being concealed or shipped away to prevent its being seized for debts. (3) For the delivery of the possession of property. Replevin or "claim and delivery" is a process whereby the sheriff seizes property rightfully belonging to another person. In no case can a person compel another to yield possession of property, even though wrongfully held. A peace officer, with proper authority from a judge or justice of the peace, alone can lawfully do this. This is also true of selling mortgaged property.

EXECUTOR (eks-e'cu-ter). A person named in a will to carry out its provisions.

EXEQUATUR (eks-e-kwa'tur). A writ issued by the federal secretary of state to a consul from a foreign country authorizing him to exercise his powers in the place to which he is assigned. FELONY. A crime punishable by death or penitentiary imprisonment. lesser crime is called a misdemeanor.

A FRANCHISE. A privilege granted an individual or corporation, such as a right to conduct an electric lighting plant in a city. The term is also applied to the right to vote.

FREE COINAGE. The right to present a metal at a mint and have it coined into money. We have the "free coinage" of gold but not of

any other metal. Whether the government makes charge for the coinage (the United States does not) has nothing to do with the use of the term. GERRYMANDER. A political device in the districting of a state to have the boundaries so arranged that large numbers of the opposite party may be in a few districts so that in the majority of the districts the party which does the gerrymandering may elect representatives. INDETERMINATE SENTENCE. Certain criminals may be sentenced to the penitentiary for an indefinite period. When the governor of the state thinks best the prisoner is found employment and released on parole, that is, on good behavior, for a certain length of time, usually six months, after which he may be given freedom. INFANT. A person under twenty-one years of age is called, in legal terms, an infant.

INJUNCTION. See "writ."

INTEREST. Money paid for the use of money is called interest. Legal interest is the rate which must be paid when there is no rate specified or upon a warrant, note, draft or other debt that is due and unpaid. The legal rate in South Dakota is seven per cent. It is unlawful to charge more than twelve per cent. An interest charge in excess of twelve per cent is called usury. No interest can be collected on a note specifying a rate higher than twelve per cent. LEGACY. A gift by will.

LIEN (leen). A claim which a person has upon the property of another because of a debt.

MAJORITY. (a) Twenty-one years of age. (b) Over one-half the total. MANDAMUS. See "writ."

MARQUE, LETTERS OF. A "mark" or "march" meant the boundary; a letter of marque authorized the person receiving it to cross the boundary and seize property of the enemy. Private ships given authority of this kind are called privateers. Most nations no longer grant "letters of marque and reprisal." MINOR. A person under twenty-one years of age. MISDEMEANOR. See "felony." MORTGAGE. A written grant or conveyance of property to a creditor for the security of a debt, to become void when the debt is paid. The one who gives the mortgage is called the mortgagor; the one who receives it is the mortgagee. The ownership and possession of the property remain with the mortgagor. The legal process by which the ownership and possession pass to the mortgagee is called foreclosure. Redemption is the process by which the mortgagor may again recover the property he lost through foreclosure.

NOTARY PUBLIC. A person appointed by the governor for four years (renewable) and given the power to administer oaths, acknowledgments, affidavits, and depositions anywhere within the state. ORDINANCE. A law for the government of a city or town passed by the authorities of the city or town.

PASSPORT. A document issued by the federal secretary of state to a citizen certifying that he is a citizen and entitled to the protection and safety accorded such citizens when traveling in a foreign country. In order to travel in Russia and in many other countries one must have a passport from his home country.

PENAL (pē'nal). Pertaining to punishment, more particularly to the penitentiary.

PERJURY. A willful falsehood made under oath or affirmation.

is a penitentiary offense.

PERSONAL PROPERTY. See "real property."

Perjury

PLAINTIFF. The party who brings an action at law against another. If a criminal action the government is always the plaintiff. PLURALITY. In an election, the highest number of votes. Suppose A receives 1,000 votes; B, 1,200 votes; C, 900 votes. B will then have a plurality of the votes but not a majority (over one-half the total number). For most offices the one receiving a plurality of votes is elected, even though he may not have a majority.

POWER OF ATTORNEY. By an attorney we usually mean a lawyer who has been licensed to practice in the courts. In this case it means a writ which authorizes one person to sign another person's name. A power of attorney must be acknowledged before a notary public, justice, or judge. An infant cannot give a power of attorney, though he may receive one.

PROHIBITION, WRIT OF. See "writ."

QUASH. To set aside or make void.

QUO WARRANTO. See "writ."

REAL ESTATE. By real estate or real property is meant that property which is fixed and immovable, such as land and what is erected or growing on it or found beneath it. Other property is called personal. Some things which are movable are real property, such as fences. A house erected on rented land and built with the intention of moving it is personal property. Most growing crops on rented land are personal property (called emblements). REQUISITION. (a) A formal demand by the ruler of a country upon the ruler of another country (or the governor of one state upon the governor of another state) for the surrender of a person who is charged with a crime. The response to a requisition is called extradition. (b) A demand made by a person or officer upon some governmental authority for supplies or the payment of a debt. SMUGGLING. Bringing goods into a country without paying the required duties, or import taxes.

STATUTE. A law enacted by the state legislature or by congress. STATUTE OF LIMITATIONS. A law requiring that an action for debt must be commenced within a certain time or the debt cannot afterwards be legally collected. On open accounts, as with a store, the time in South Dakota is six years from the date of the last account; on notes it is six years from the time the note is due; a judgment for a debt must be collected within ten years.

SUBPOENA. A subpoena (Lat. sub, under+poena, punishment) is a writ summoning a witness to court.

A proceeding at law.

An action.

TRIAL. A judicial examination of the issues between parties, whether issues of law or of fact.

A venire (meaning "to go")

VENIRE (ve-nï're). is a writ summoning a juror to court. VENUE. (a) The place where an action is tried. If the judge is related to a party to a suit a change of venue may be demanded. (b) The heading of legal documents showing the place, the state and county. VOID. Null, of no effect. A contract to do an unlawful act is void. VOIDABLE. Capable of being made void. Most contracts made by a minor are voidable by the minor. WATERED STOCK Stock, or shares in a corporation, which do not represent actual investment. If a factory costs ten thousand dollars

and shares to the value of twenty thousand dollars are issued, it is plain that half of the stock is a make believe investment, or "water." Such proceedings are unlawful.

WILL. A written instrument by which a person makes a disposition of his property to take effect after his death.

WRIT.

Special civil proceedings are provided for by the issuance of certain writs by the state supreme court or a circuit court.

A writ of mandamus (mandare-to command) summons a person to court, usually an officer, to show why he does not to do some specified thing requested or required of him. After an investigation the judge decides whether he must do it. A county treasurer may refuse to pay a warrant issued by the county auditor if he thinks the claim is unlawful. A writ of mandamus may be issued by the judge commanding him to show why he does not pay the warrant. The judge then decides whether it shall be paid. A writ of prohibition is the counter-part of a writ of mandamus, stopping the performance of an act believed to be unlawful. An injunction is a form of a writ of prohibition (though sometimes it commands performance). The state supreme court or a circuit court may issue any of these writs. In case a court or board has exceeded its authority, a higher court may issue a writ of certiorari (ser-shi-o-ra'ri) whereby the case or proceedings are reviewed and corrected. A writ of quo warranto, mentioned in the constitution, was formerly issued to determine "by what right" a person occupies an office. It is rarely used now, however, but any such matter is settled by a civil action.