Legal Words & Phrases

Part Two

Reprinted with permission from MoSGA JOURNAL 

WORDS & PHRASES defines words in legal documents beginning in 1658.

A

ANCILLARY——Grant of jurisdiction over particular subject matter includes power to adjudicate all matters ancillary to particular subject matter, and in this regard, word ancillary means auxiliary, accessorial or subordinate.

ANCILLARY ADMINISTRATION—--Administration of decedent’s estate (probate) in state in which decedent died domiciled is deemed principal or primary administration and is ordinarily termed “domiciliary administration,” and administration in a state other than state in which decedent died domiciled, but in which decedent left property, is termed “ancillary” or “auxiliary.”

ANCILLARY ATTACHMENT——An ancillary attachment is a proceeding in aid of the personal action when the debtor has been served or has appeared in court so as to be liable to a personal judgment. The remedy thus employed is usually an adjunct to the main suit. It often happens that after a suit at law has been instituted for the recovery of a debt or damages, and where personal service is or may be had, a ground of attachment arises, and an attachment becomes necessary that the property may be seized and held to respond to any judgment rendered in the case.

B

BONA FIDE——includes as “Cross References “——Good Faith and In Good Faith to Settle Bona Fide Controversy. “Bona tide” means “in or with good faith; without fraud or deceit; genuine.”

It is the settled law of the Supreme Court of the United States that one who takes simply by quitclaim deed is not a bona fide purchaser without notice...

BONA FIDE RESIDENCE OR RESIDENT——Divorce statutes use the phrase “bona fide resident” as meaning domicile.

Domicile is a matter of intention, and residence is a physical fact, and the term “bona tide residence” means residence with domiciliary intent. Army officer, an Iowa resident stationed in Missouri who, during year preceding filing of his Missouri divorce action, had unsuccessfully claimed residence in Arkansas for purposes of divorce action there, was not a “bona tide resident” of Missouri.

C

CESTUI QUE TRUST—includes as “Cross References “——Creditor and Trustee and Cestui Qtie. Trust Relationship. In a legal sense, a “trustee” is a person who takes and holds legal title to trust property for benefit of another; th6 person holding the legal title to property, under an express or implied agreement to apply it, and the income arising from it, to use or benefit of another person who is called the “cestui que trust.”

The term “beneficiary” is becoming a more favored and more commonly used term than “cestui que trust” with which it is synonymous.

CY PRES——includes as “Cross References “——Judicial Power of Cy Pres and Prerogative Cy Pres. When charitable purpose cannot be fulfilled according to its terms, equity will attempt to do next best similar thing, and that is application of “cy pres doctrine.~~

Where testamentary trust for purpose of founding a home to care for aged women of county to be established in testatrix’ home failed for want of sufficient funds, the funds were properly awarded under “cy pres” doctrine to hospital located in same town as testatrix’ home, which intended to use testatrix’ home for care of aged women of county who had received medical attention in hospital, and also to receive other aged women of county who had not been hospitalized, instead of awarding funds to existing home for aged persons of both sexes located in a remote part of county.

The words “ey pres” are Norman French, meaning “so near” or “as near,” and the term itself suggests the limitations of the cy pres doctrine, which is the doctrine of nearness or approximation.

The doctrine of cy pres is a doctrine of prerogative, and is that, where the specified object of a charity cannot be accomplished, the funds may be applied to other charitable purposes, or that the chancellor may seize them as a waif and apply them according to the King’s conscience.

CI PRES DOCTRINE——Before the “cy pres doctrine may be applied, three prerequisites must be met; first, court must determine whether the gift creates a valid charitable trust; second, it must be established that it is impossible or impractical to carry out the specific purpose of the trust; and finally, the court must determine where, in creating the charitable trust, the testator or settlor had a general charitable intent.

D

DE BONIS NON——includes “Cross References” Administrator De Bonis Non. Administrators de bonis non administratis (D.B.N.) are, as the term signifes, persons appointed by the court of probate to administer on the effects of a decedent which have not been included a former administration.

De bonis non is an abbreviation of De bonis non administratis.

DE BONIS NON ADMINISTRATIS——If an estate has been partially administered prior to discharge of general administrator, the new administration is an “administration de bonis non,” since the term or title is merely an abbreviation of “de bonjs non administratis,” meaning “of the goods not administered.”

DE BONIS NON CUM TESTAMENTO ANNEXO——includes “Cross References” Administrator De Bonis Non Cum Testamento Annexo. (C.T.A.)——alsd “Cum testamento annexo.” This is a term in Law Latin, meaning “With the will annexed.” A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, or where the executors named refuse to act. If the executor has died, an administrator de bonis non cum testamento annexo (of the goods not [already] administered upon with the will annexed) is appointed. Often abbreviated d. b. n. c. t. a.

DE BONIS PROPRIIS——”De Bonis propriis” is defined: “Of his own goods. The technical name of a judgment against an administrator or exerutor to be satisfied out of his own property and not from the estate of the deceased.

Do not confuse the use of the words “De Bonis” in Probate with the use of the term in trespass actions involving property. There, see in addition, a definition of the term——”De Bonis Asportatis.”

DE BONIS ASPORTATIS——As historically developed, “trespass” applied to actions involving immediate application of force to the plaintiff’s person or property; it was of three types, trespass vi et armis” which involved physical force against the person, “quare elausum fregit,” involving injury to realty, and “de bonis asportatis,” involving injury to personalty; after further historical development, the writ came to be associated only with intentional torts and “trespass on the case” applied to those torts not within the trespass writ.

DECREE PRO CONFESSO——The purpose of a “decree pro confesso” is to expedite the trial of a cause and its final disposition. A “decree pro confesso” is regarded as an admission of the allegations of fact of the bill which are well pleaded, and not of conclusions of law.

A “decree pro confesso” against a defendant authorizes no other decree against the defendant than the allegations of the bill show he is entitled to; so that in a suit by a tenant in common of lands against her cotenants for partition, and for recovery of her share of the rental value thereof, the bill alleging merely that the premises had been in the use and occupation of certain two of the cotenants, does not authorize a personal judgment against the other cotenants for complainant’s share of the rents, or a decree giving her a lien therefore on their interests in the land.

Under a “decree pro confesso,” defaulting party loses his standing in court, cannot appear in any way, cannot adduce any evidence and cannot be heard at the final hearing.

DEDICATE——Word “dedicate” means to appropriate and set apart ones s private property to some public use, such as to make a private way public by acts evincing an intention to do so.

DEDICATED PUBLIC RIGHT—OF—WAY—— Unused Portion of road was “dedicated public right—of—way” which had not been abandoned; owner’s certificate on recorded plat expressly offered to dedicate for public use all public ways shown on plat, public acceptance was shown by fact that road was included on official street and alley acceptance and maintenance map, and electric service had erected and maintained utility poles within right—of—way.

DETRITUS——The word ‘‘detritus’’ is used in the mining law to designate that superficial deposit on the earth’s surface which is movable, as contrasted with the immovable mass that lies below.

DEUTEROGAIMY——Deuterogamy is the act, or condition, of a person who marries after the death of a former wife.

DEVASTAVIT—An executor’s unauthorized loan of estate funds constituted a “devastavit

A “devastavit” is an act of omission, negligence or misconduct of an administrator by which loss occurs to the estate.

Any conversion of trust funds or properties to the use of the trustee or of a third person is a “devastavit,” and a “tort” to which the law may impute a crime. “Devastavit” is generally defined as mismanagement or misappropriation of an estate resulting in a loss and involves wrongdoing by one in charge of the estate.

E

EMIGRANT AGENT——An “emigrant agent,” within the meaning of a Georgia statute imposing a tax upon each emigrant agent doing business within the state, means persons engaged in hiring laborers to be employed beyond the limit of the state.

EMIGRANT LABORERS——”Emigrant laborers,” as used in the representation that a ship “will carry emigrant laborers not over forty,” applies to men only, and is not violated though, with their wives and children, that number is exceeded.

EMIGRANT PASSENGERS——The expression ~~emigrant passengers, as used in Act Cong. March 2,1882, regulating the number of emigrant passengers to be carried by ships in a certain territory, is restricted to passengers other than cabin passengers. It is common knowledge that the great bulk of emigrant travel from foreign countries is transatlantic. The conditions of this travel are such that emigrant passengers are exposed to the danger of over—crowding, a danger that is aggravated by the length of the voyage, but which does not exist in short and coastwise voyages.

EMIGRATE——To ‘‘emigrate~~ is to remove from one country or state to another for the purpose of residence.

EMINENT DOMAIN——”Eminent domain~~ is right or power to take private power for public use, and such power may be exercised either directly by the Legislature or through medium of municipality or other appropriate agency, but is always subject to control and regulation by the state.

Expropriation: The term “expropriation” used in statute is practically synonymous with the term “eminent domain.~~

The United States has power of “eminent domain,” which is power to take property for public use without owner’ s consent, and taking clause of Fifth Amendment (to Constitution of the United States) is only a limitation on the exercise of pre—existing power.

Police power involves regulation of property to promote health, safety and general welfare, and its exercise requires no compensation to property owner even if there is actual taking or destruction of property, while “eminent domain” is power to take property for public use, and compensation must be given for property taken, injured or destroyed.

EXECUTION——Words ‘‘issuing’’ and ‘‘execution’’ used in statutes relating to passing of title by tax deed, are interchangeable terms.

Contempt of court is a specific criminal offense, and a fine imposed is a judgment in a criminal case. The adjudication is a conviction, and the commitment in consequence thereof is an “execution.”

Under Missouri law, the “execution~~ of a written contract includes signing, unconditional delivery by promisor, and acceptance by promisee.

“Execution” of an instrument implies signing thereof.

“Execution” and “signing” are not synonymous terms. Execution implies complete execution——signing, sealing, and delivery——whereas signing implies only one of the steps towards execution.

The “execution” of a deed means the making thereof, which includes all such acts as signing, sealing and delivering.

Term ‘‘execution~~ as employed in respect to promissory note means both the signing and delivery of the bill and note, and mere signing is insufficient.

WRIT OF EXECUTION——An “execution” is the act of carrying into effect the final judgment and decree of the court, being the writ which directs and authorizes the officer to carry into effect such a judgment.

A “writ of execution” is a civil proceeding” for enforcement of a judgment against property.

An “execution’ is the end of the law. It gives the successful party the fruits of his judgment.

The purpose of a writ of execution is to authorize the officer to whom it is directed and delivered to seize and hold the property of the debtor for the satisfaction of the amount ordered to be paid by such writ.

TERM DISTINGUISHED——”An attachment on warrant against goods is, in the main, the proceedings to compel an appearance, and is not an execution.

“Attachments” may be a species of executions; but “executions” is a broader term, and the less does not include the greater.

A “garnishment,” in one aspect, is method for enforcing judgment, but is not an “execution,” since property is not actually seized under it.

When used with reference to judicial proceedings in civil matters, the words “levy and sale~ are equivalent to the word “execution.” Each expression means the subjecting of property to the satisfaction of the judgment. An exemption of land granted to an Indian tribe from levy and sale is held to render the lands exempt from execution for satisfaction of any judgment.

Mandamus for the payment of an award in condemnation proceedings by a city is a ~~writ of execution.

The terms order of sale,” and “execution” are used interchangeably. Whether the writ which the officer holds be called an execution or an order of sale, it is but a written command, under seal of the court, authorizing and directing him to execute its judgment.

EXECUTOR——An “executor,” in a broad sense, is a trustee, an officer of the court who occupies a fiduciary relation toward all parties having an interest in the estate. An “executor” is a person who either expressly or by implication is appointed by a testator to carry out testator’s directions concerning the dispositions he makes under his will.

EXECUTOR BY SUBSTITUTION——Testator could by will appoint a successor executor entitled to succeed to the administration of his estate following resignation of first executor who had partially administered upon such estate, and successor thus appointed to complete administration was an executor by substitution” and not a mere “administrator with the will annexed de bonis non.”

EXECUTOR DE SON TORT——One who acts as administrator under a void appointment is commonly termed an “executor de son tort,” and if he is later appointed administrator in due form, his letters relate back to the death of the intestate and his acts as executor de son tort though void are thereby made valid.

An “executor de son tort” is one who wrongfully intermeddles with, or converts to his own use, the personalty of a deceased individual whose estate had no legal representative.

EXECUTORI——”Executory contract~~ is one in which party binds himself to do or not to do particular thing in future; when all future performances have occurred and there is no outstanding promise calling for fulfillment by other party, contract is no longer “executory,” but is “executed.”

F

FOLIO——The word “folio,” when used in connection with legal documents, means a certain number of words varying from 72 to 100, but generally in the United States consisting of 100.

as defined by ... Uniform Commercial Code indicates point at which delivery is to be made by seller unless there is specific agreement otherwise, and therefore term will normally determine risk of loss.

G

GIFT——A “gift” is a voluntary transfer of property by one person to another without any consideration or compensation therefor and contains as essential elements, a donative intent, delivery and acceptance.

GIFT CAUSA MORTIS——A “gift cause mortis” is a gift of personal property made in expectation of donor’s death and on condition that donor die as anticipated.

GIFT IN CONTEMPLATION OF DEATH——”Gifts in contemplation of death” are gifts motivated by thought of death, but this does not mean that the donor must believe that his death is imminent.

GIFT INTER VIVOS——A “gift inter vivos” must be without any conditions attached to it.

Requisite elements of a valid “inter vivos gift” are: (1) an unequivocal donative intent on part of donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable relinquishment by donor of owner­ship and dominion over subject matter of gift, at least to extent practicable or possible, considering nature of articles to be given.

Where alleged donor gave alleged donee the keys to safety deposit box of alleged donor and stated that she would like alleged donee to have contents of box, but contents remained undisturbed, and though alleged donee knew that bank required written authority to enter box, she never obtained such authority during five months intervening between time of alleged gift and death of alleged donor, and alleged donee at no time notified bank that she was the owner of contents of box, there was no valid “gift inter vivos” of contents of box.

“Gift inter vivos” does not differ in its essential elements from a “gift causa mortis,” except that in the latter the survival of the donor may defeat the gift.

GOOD SAMARITAN DOCTRINE——Under “Good Samaritan doctrine,” negligence of a volunteer rescuer must worsen position of person in distress before liability will be imposed.

GOODS AND CHATTELS——The words “goods and chattels,” at common law, include all personal property in possession.

“Goods and chattels,” as words of description in a bequest, will pass all the personal estate, but, where used after the word “furniture,” restrict the articles to the same kind as mentioned; that is, articles of furniture.

GRANTING CLAUSE——Where “granting clause” in deed, often called the “premises,” does not specially define estate granted, limitation thereof in habendum clause or other stipulations of deed, clearly disclosing intent to pass estate less than fee, will be given effect.

Ordinarily, “premises~~ and “granting clauses” designate the grantee and the thing granted, while “habendum clause” relates to quantum of estate.

GRANTOR——The grantor is the person who normally receives the consideration for conveyance of property.

In statute providing that conveyance made upon promise of support is void at option of grantor, “grantor” is one who conveys or grants something he possesses so as to vest title in the grantee.

H

HEREDITAI4ENT——At common law, “tenements” meant things held under feudal tenure, and “hereditaments” meant things which might be inherited.

A hereditament includes whatever may be inherited, and extends to a movable, such as an heirloom, and even to the condition of a bond which may descend to a man from his ancestors.

The word “hereditaments” is more extensive in its signification than “land” or “tenement,” and signifies anything capable of being inherited, and as applied to realty is divided into corporeal and incorporeal.

HEREIN BEFORE MENTIONED——Provision of will wherein testator loaned all the lands owned by him at the time of his death (and not otherwise disposed of) to his four daughters during their lives and gave and devised lands in fee simple to their children, as opposed to subsequent provision wherein testator divided all the residue of his estate, after taking out devises and legacies “hereinbefore mentioned,” equally between his wife, son, and daughters, was to be used in disposing of residue of testator’s real property, so that lapsed devise of remainder of real property given under a previous provision fell to successors in interest to children of four daughters and not to successors in interest to son.

HERETOFORE——Word “heretofore” within statute providing that in all cases where, heretofore, or hereafter, lands belonging to a landowner or to landowners are shut off from a public highway, landowner or landowners so deprived of such access shall have a right of easement established as a way of necessity, does not mandate unlimited retroactivity.

HEREOF——Word “hereof,” within separation agreement providing that “in the event that any court of competent jurisdiction shall hereafter, by virtue of any statute, modify the terms hereof with respect to support and maintenance, such modification shall apply to this agreement with the same force and effect as though it constituted the original terms hereof,” referred to the document in which the term was used, that is, the separation agreement, and spoke to situation in which the divorce decree was modified by a court of competent jurisdiction rather than the situation in which a part of separation agreement itself was set aside by court of competent jurisdiction.

I

INDENT——The term “indent,” as used by English lexicographers, signifies any contract or obligation in writing; but as used in Act. Cong. March 3, 1825, Section 17, 4 Stat. 119, 18 U.S.C.A. Section 497, which enumerates as the subject of public crime of forgery an “indent,” certificate of public stock or debt, or treasury note, or other public security of the United States, or any letters patent, etc., it means a certificate of indebtedness issued by the federal government at the close of the Revolutionary war to the public creditors.

INDENTED SERVANT——Act Feb. 14, 1729—30, supplementing an act prohibiting clergy­men and others from joining in marriage indented servants without consent of their masters or mistresses, is not to be construed as including apprentices, as the “term ‘servants in common parlance does not apply to apprentices.”

INDENTURE-—An allegation that a demise was by “indenture” implies a seal. The word “indenture,” applied to a written instrument, imports in its broadest sense a conveyance.

The calling of an instrument an “indenture,” in the body of it, will not be considered as expressing the intention that the maker intended it as a deed.

Historically an “indenture” was a conveyance of real estate, and the word still is commonly restricted to instruments affecting real property and is not applicable to a bond which is a mere promise to pay. Holder of bond secured by mortgage held entitled to sue on bond at law notwithstanding provision therein vesting right of action on or under ‘‘this indenture~¹ exclusively in trustee.

An indenture is a deed that is in writing, sealed and delivered. It takes its name from being “indented,” or cut by a waving line or a line of indenture, so as to fit or aptly join its counterpart from which it is supposed to have been separated. Aside from the general principle of the law, that an indenture must be sealed, the act respecting apprentices and servants provided that the indenture of an apprentice­ship or service should be sealed. When the act for the settlement of the poor, therefore, speaks of gaining a settlement by serving an apprenticeship under indenture, it necessarily means an indenture sealed. ‘Indenture~~ is deed to which two or more parties enter into reciprocal and corresponding obligations toward each other.

J

JOINT AND CONTRACTUAL WILL——A comprehensive plan for the disposition of all property owned by both parties is the primary characteristic of a “joint and contractual will.”

JOINT AND MUTUAL WILL——”Joint and mutual will” is one executed jointly by two persons with reciprocal provisions which shows on its face that devises are made one in consideration of the other.

Will of decedent and his first wife was a ‘‘joint will,’’ rather than a ‘‘joint and mutual will,” where it specifically provided that survivor might make a new will to replace joint will.

A “joint and mutual will” must be executed pursuant to a contract between testator requiring survivor of them to dispose of the property as will’s provisions instruct; the joint and mutual will may itself comprise the contract and upon death of one of the testators, the contract becomes irrevocable; thereafter, survivor is estopped from disposing of the property other than as contemplated in the will, and contract between testator may be enforced by third—party beneficiaries.

JOINT AND SEVERAL——When multiple tort—feasors are found to be liable for damages, they may not be said to have inseverable interest in the judgment, even though factual basis for each party’s liability is identical; liability is said to be “joint and several,” meaning that each party is individually liable to plaintiff for whole of the damage.

JOINT AUTHORSHIP——”Joint work” is prepared by two or more authors with intention that their contributions be merged into inseparable or interdependent parts of unitary whole; such joint laboring in furtherance of common design is “joint authorship.”

JUDGMENT BY DEFAULT AND INQUIRY——A “judgment by default and inquiry” carries only a judgment for a penny and costs, since such a judgment merely admits a cause of action while the precise character of the cause of action and the extent of defendant’ s liability remains to be determined by a hearing in damages and final judgment thereon.

JUDGMENT BY DEFAULT FINAL——”Judgtuent by default final” is distinguished from “Judgment by default and inquiry,” in that former establishes allegations of complaint and concludes by way of estoppel, while latter establishes right of action in plaintiff of kind stated in complaint, precise character and extent of which remain to be determined by hearing in damages and final judgment thereon.

JUDGMENT BY OPERATION QF LAW——A judgment confirmed under Iowa Code which provides that “where one judge is disqualified from serving, and the court is equally divided, the judgment of the district court shall stand affirmed,” is not a judgment by operation of law more than any other judgment, and is subject to rehearing in the same manner.

JUDGMENT BY STIPULATION——”Judgment by stipulation” is not a judicial determination of any litigated right, but may be defined as a contract of the parties acknowledged in open court and ordered to be recorded by a court of competent jurisdiction.

JURISDICTION——In the full sense of the word, jurisdiction is power to hear and determine.

“Jurisdiction” refers to power of court to decide an issue upon its merits. The ‘‘jurisdiction~¹ of judicial tribunals emanates exclusively from the constitution and legally enacted statutes of the sovereignty of the forum.

There are three kinds of “jurisdiction”: (a) of the subject matter, (b) of the person, and (c) to render a particular judgment given.

JURISDICTIONAL BASIS——”Jurisdictional basis” connotes the principle that the state must have certain minimum contacts with the parties making it reasonable for the courts to exercise power to affect their legal relations, and the term ~~reasonable~~ is construed in context of the due process clause of the Constitution; one such basis which has been deemed “reasonable” is jurisdiction based upon certain minimum contacts related to defendant’s acts within the state.

JURISDICTIONAL BOUNDARY BETWEEN COUNTIES SEPARATED BY NAVIGABLE WATERS——Clear legislative intent in relation to statute proving, inter alia, that jurisdiction of every county bounded at any point by navigable waters shall extend from the shore to the inside of the channel, which shall be regarded to be the center of said waters, was that the word “channel” was to mean the great body of water between the banks of the river, so that, by analogy to the common—law rule pertaining to non—tidal stream boundaries, the intended boundary between counties was a line running along the middle of the river, and that ‘‘jurisdictional boundary between counties separated by navigable waters’’ is the geographical center between the banks of those waters.

JURISDICTIONAL DEFECT——A “jurisdictional defect” in an indictment is a defect which renders the indictment insufficient in that it fails to allege the constituent elements of the offense.

“Jurisdictional defects” which are not waived by entry of guilty plea, exist when alleged facts are not made criminal by statute, there is failure to state facts essential to establish offense charged, alleged facts show on their face that court has no jurisdiction of offense charged, or allegations fail to show that offense charged was committed within territorial jurisdiction of the court; however, valid guilty plea admits all essential allegations, including jurisdictional facts, thus relieving government of burden of making proof.

JURISDICTIONAL ERROR——Deprivation of constitutional right constitutes “jurisdictional error” within meaning of habeas corpus statute.

JUST VALUE——The “just value” at which selectmen shall appraise taxable property is the market value of the property.

JUXTAPOSITION——”Juxtaposition” is a placing or being placed in nearness or contiguity; or side by side; as a juxtaposition of words. In patent law, “juxtaposition” is the English equivalent of “aggregation.~~

K

KAHA——”Kaha” means primarily a scratch or mark.

KAHAKAI——The word “kahakai” is compounded of the words kaha and kai. “Kaha” means primarily a scratch or mark. “Kai” means the sea, or salt water. “Kahakai” then, mean the mark of the sea, the junction or edge of the sea and land.

KAIKUAHINE—--”Kaikuahine” may mean a sister or a cousin, or one who stands in that relation by marriage or adoption, or as being the sister of a bosom friend.

KNOWN——Statutory scheme for mailing a copy of publication notice to each heir whose address is known to petitioner indicates that the term “known,” as used in statute providing that petitioner shall mail or cause to be mailed a copy of newspaper notice to each heir whose name and address are known to him within seven days after the notice is first published, means heir known to the petitioner or an heir who by the exercise of due diligence should have been known to him.

Provision, in statute relating to quiet title action by adverse possessor, that persons who appear of record to have some claim and all other persons who are “known” to plaintiff to have some claim may be included as defendants, persons who appear of record at any time to have some claim to the property are “known” persons who cannot be served merely by publication.

KNOWN DANGEROUS CONDITION——To constitute “known dangerous condition” so as to fall outside of limitation of landowner’s liability under recreational use law, landowner must have actual as opposed to constructive knowledge that condition is dangerous.

KNOWN MINERAL PRODUCING FORMATION——Where there were no wells producing from particular sand, either on the leases in question or on the entire field, it was not a “known mineral producing formation” within the meaning of the obligation of the lessee to develop, despite testimony that it was a good prospect.

L

LETTER——Envelopes moving through international mail which weighed approximately 42 grams, measuring 5 by 7 inches and 9 by 4~ inches, were “letters” and did not constitute “packages” in international mail for which search warrant is not required. “Letter” within meaning of statutes granting government letter monopoly is message in writing, printed or otherwise in whole or in part, addressed to a particular person or concern and may be in sealed or unsealed envelope or not in any envelope at all.

For purposes of determining admissibility of evidence, instrument in writing which was not mailed nor delivered as message was not a “letter” but was a “private statement in writing.”

LETTER OF CREDIT——A “letter of credit~~ is merely a promise by issuing bank to pay money in order to facilitate a commercial transaction by assuring such payment.

LETTER PATENT——”Letter patent” ordinarily refers to the right to the exclusive use of some invention granted by the government.

The difference between letters patent and copyright may be illustrated by reference to the case of medicines. Certain mixtures are found to be of great value in the healing art. If the discoverer writes and publishes a book on the subject, as regular physicians generally do, he gains no exclusive right to the manufacture and sale of the medicine; he gives that to the public. If he desires to acquire such exclusive right, he must obtain a patent for the mixture as a new art, manufacture, or composition of matter. He may copyright his book, if he pleases, but that only secures to him the exclusive right of printing and publishing his book. So of all other inventions or discoveries. And the court held that the publication of a work on bookkeeping, and the copyright of such work, did not give an exclusive right to the methods of bookkeeping therein explained and described.

LETTERS OF ADMINISTRATION——Letters of administration are granted by a court having probate jurisdiction to show that the authority incident to the office or duty of an executor or administrator has been devolved upon the person therein named. Such letters are, as a general rule, evidence only of their own existence, and are not evidence that the party assumed to have departed this life is in fact dead.

LETTERS OF GUARDIANSHIP——”Letters of guardianship” are merely a commission placing ward’s property in the care of officer of court as custodian.

LETTERS OF MARQUE AND REPRISAL——Letters of marque and reprisal are a commission to attack the subjects of a foreign state on the high seas beyond the limits of the state, seize their property, and put it in sequestration. It is a hostile act of aggression.

LETTERS ROGATORY——”Letters rogatory” request a foreign court to take the depositions of witnesses residing within its jurisdiction and transmit them to the court making the request.

“Letters rogatory” are the medium whereby one country, speaking through one of its courts, requests another country, acting through its own courts and by methods of court procedure peculiar thereto and entirely within the latter’ s control, to assist the administration of justice in the former country.

LETTERS TESTAMENTARY——At common law there was no such thing as “letters testamentary.” The probate and the executor’ s authority consisted in a copy of the will, made out under seal and delivered to the executor, with a certificate of its having been proved, which two things were called, in the alternative, the “probate or letters.”

“Letters testamentary” are of two kinds, “domiciliary letters” and “ancillary letters”; the first being issued at the place of the testator’ s domicile, and the latter at some place, other than domicile, where personalty of the testator is found. Such letters depend upon the situs of such personalty, and do not authorize the administrator or representative to perform any act or to reduce to possession personalty not within territorial authority of the court where issued.

LET THE PURCHASER BEWARE——”Caveat emptor” means “let the purchaser beware.”