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of the United States, to appoint another or others to act in the place of him or them so failing to attend.
Neither the districts for choosing representatives, nor those for appointing electors, shall be altered in any state, until a census and apportionment of representatives, under it, made subsequent to the division of the state into districts, shall change the number of representatives and of electors to which such state may be entitled.
The division of the states into districts hereby provided for, shall take place immediately after this amendment shall be adopted and ratified as a part of the constitution of the United States; and successively afterwards, whenever by a census and apportionment of representatives under it, the number of representa lives and of electors to which any state my be entitled shall be. changed.
The division of such state into districts for the purposes both of choosing representatives and of appointing electors shall be altered agreeably to the provisions of this amendment and on no other occasion.'
Be and the same is hereby disagreed to, and that his excellency the Governor be requested to transmit copies of this resolution to the Executives of the several states, and to each of our Seriators and Representatives in the Congress of the United States,
A a true copy :
SAMUEL EDDY, Secretary.
In Senate, March 16th, 1816.
Resolved, That the table explanatory of sundry technical law terms, inserted immediately following the preface, in a treatise in possession of Senate, entitled, “A collection of all the public and permanent acts of Assembly of Kentucky which are now in force, &c. &c. by Harry Toulmin, secretary of the commonwealth of Kentucky,' be printed in the appendix to the journal of Senate.
A Table explanatory of sundry Technical Law Terms. Action of detinue, lies against one who detains and refuseth to deliver things which were put into his hands to keep.
Action of trover and conversion, (from trouver, to find) lies against a person who having found anothers goods refuseth to deliver them upon demand, but converts them to his own use. The fact of finding however, is immaterial: but the plaintiff for forms sake, must say that he lost the goods and that the defendant found them.
Action popular, an action given to the people in general, as tvhere forfeitures are given at large to any person who will sue for the same.
Some times one part is given to the commonwealth or to some public use, and the other part to the informer or prosecutor, and then it is called a qui tam action, because it is brought by a person qui tam,--that is, who as well sues for the commonwealth as for himself.
Action of ravishment is given to a guardian for the recovery o his ward, when stolen or ravished away from him.
Abate (from abatre) to break down, destroy, or overthrow.
Ad quod damnum, is a writ directing the sheriff to enquire what. damages will be sustained by certain acts.
Affidavit, an oath in writing, sworn before a person who has authority to take it.
Affirm, to ratify or confirm a former judgment.
Alimony is that allowance which a married woman is entitled to upon any occasional separation from her husband.
Alias a second or another writ, which issues after a first has been sued out without effect. It is likewise used for otherwise called, when a person goes by more than one name.
Alibi, in another place.
Arnercement was the pecuniary punishment of an offender against the king that was found to have offended and to stand at the mercy of the king.
Frray is the ranking or setting forth of a jury. To challenge the array of the panel is at once to except against all the persons arrayed or impannelled, on account of partiality, &c.
Arrest of judgment--to move in arrest of judgment, is to shew cause, why judgment should be staid notwithstanding a verdict given.
Srson is a malicious and intentional burning of angther's house. Assauli, a violent injury offered to a man's person,
may be committed by offering a blow or by a terrifying speech.
Assets (French assez i. e. satis enough) signifies goods enough to discharge that burtien which is cast upon the executor or heir in satisfying the debts and legacies of the testator or ancestor.
Assumpsit is taken for a voluntary promise, express or im. plied, by which a' man assumes or takes upon him to perform or pay any thing to another.
Attach is to take or apprehend in obedience to a writ or pre.
Attachment, is an apprehension of a man by his body, or the taking possession of his goods, to bring him to answer the action of the plaintiff.
Attaint is a writ that lieth in certain cases, after judgment against a jury that hath given a false verdict. At
inted is a word used particularly for such as are found guilty of some crime, and especially of treason or felony. Anci. ently a person attainted of high treason forfeited his lands, &c. his blood was corrupted and he apd his posterity rendered base:
where a man ) a defendantedfrom the French avérer to verify) is an offer of the
make him answer.
Audita querela (the complaint being heard) is a writ that lieg
thing to plead, but hath not a day in court to plead it.
Averment defendant to make good or justify an exception pleaded in abate. ment of bar of the plaintifi's action, and it signifies the act as well as the offer.
Auter droit is where persons sue or are sued in another's right,
Guterfois acquit is a plea of a criminal that he was heretofore
acquitted of the same crime. j
Builiwick (a word taken from the French, whose territory was divided into bailiwicks as that of England is into counties) is frequently used for county.
Baron hath various significations. It is taken for a degree of Dobility next to viscount. In ancient records it included all the nobility of England. Formerly likewise, all wen were stiled barons,
estern Baron & feme, husband nnd wife, who in law are one person, so that neither can be a witness for or against the other; escept in case of high treason.
Bigamy is having more than one husband or wife at the same time.
Champarty--sce Summary, division 1. class 4.8 34.
Citizens : free persons who are natives, or whose fathers or mothers were citizens, and all persoes other than alien enemics, who shall migrate
into this state, and shall before some court of record give satisfactory proof by oath or attirination, that they intend to reside therein, and also take the legal oath or afhrmation, for giving assurance of fidelity to the commonwealth. Acts of Vir. 1786, ch. X.
Committee of ideots-persons to whom the custody of idiots is éntrusted.
Contenément, is that which is necessary for the support and maintainance of men, agreeably to their states in life, or the free. hold which lies to a man's dwelling house, which is in his own occupation
Curtesy->where a man marries a woman seized of an estate of inheritance, and has by her issue, born alive, wlrich is capable of inheriting her estate ; he shall on the death of his wife hold the Jands for his life, as tenant by the curtesy.
Coverture is the state and condition of a married woman.
Capias ad satisfaciendum is a writ-of execution, commanding the sheriff to take the defendant's body and keep him till he make satisfaction for the debt and damages.
Capias ut legatum is a writ for apprehending a person outlawed.
Capias in withernam, is a command to the sheriff, when goods taken by distress are taken out of the county or concealed, to
take other goods of the destrainor in lieu of the distress formerly taken and eloigned or withheld from the owner,
Caveat (let him take care) is a kind of a process to stop the proving of a will, the granting of the administration, or the is. suing of a patent for unappropriated land, &c.
Damage feasant :-oing damure.
De bene esse :- to take a thing de bene esse, is to accept it as well done for the present; but when it comes to be more fully examined or tried, to stand or fall according to the merit of the thing in its own nature. As when a complainant's witnesses are aged or sick or going out of the state, so that there is danger of their testimony being lost; the court of chancery will order then to be examined de benè esse, so as to be valid, if the cannot be examined afterwards :--but if they live, or return after answer; those depositions are not to be of force, for the witness must be re-examined. De novomanew gmmmm
-over again. Dedinus potestat uim (we have given the power )is a writ giving authority to examine witnesses, &c. Distringas is a writ commanding the sheriff
' to distrain one by his goods and chattles, to enforce his compliance with what is required of him, as for his appearance in court, &c. Elegit
, (a latin word signifying he hath chosen) is a writ in execution, so called because it is in the choice of the plaintiff whether he will sue out this or another writ. It is a writ given either upon a judgement for debt and damages, or upon the forfeiture of a recognizance, by which the defendant's goods and chattles are not sold, but only appraised, and all of them, (except oxen and bcasts of tie plow) are delivered to the plaintiff
, at such reasonsble appraisement and price, in part satisfaction: of his debt. If the goods are not suificient; then the moiety. or one half, of his free hold lands, are also to be delivered to the plaintiff, till out of the rents and profits thereof, the debt be levied.
Emblements (from emblavence de bled, i.e. corn sprung or pul up above ground) signifying properly the profit of land sown, or more largely, any products that naturally arise from the ground, as grass, grain, fruits, &c.
Essoin signifies an excuse for him that is summoned to appear and answer to an action, &c. by reason of sickness, cause of absence.
Estrepement is the making of any destruction by a tenant for life, upon his lands or woods, or drawing away the heart of the ground by incessant plowing and sowing, without good husban.
Exigent or exégi facias, is a writ where the defendiant in an action personal cannot be found, nor any thing of his within the county. It directs the sheriff to proclaim and call him five county court days, one after another, requiring him to appear, upon pain of out-lawry. If he comes not at the last day; he iis said to de, quinquies exactys or five times required and is out-lvyaed,
tenemaple or tenements..
Ex officiom-by virtue of his office.
Extent signifies a writ or commission to the sheriff, for the valuing of lands Fee simple. A tenant in fee simple, is he that hath lands,
or hereditaments, to hold to him and his heirs for ever, generally absolutely and simply, without mentioning what heirs, but referring that to his own pleasure or to the disposition of the law.
Fee tail or fee conditional, is a fee restrained to some parti. cular heirs, to the exclusion of others.
Feme coveri, a married woman.
Fieri facias (literally, that you cause to be mude) is a writ coinmanding the sheriff to levy the debt and damages recovered, out of the goods and chattles of the defendant.
Forina pauperis (in the character of a poor inan.) A person who cannot bear the usual charges of a suit, may upon his making oath that he is not worth five pounds, be admitted to sue without paying any fee to an attorney or clerk.
Formedor, from the words formu denationis, i. e. by the forni of a gift, which word occurs in a writ which is used on t
the death of a tenant in tail who had conveyed his right to a stranger, which writ is to enable the heir to recover his land,
Garnishment (from garnier to instruct or inform) is a warning given to one for bis appearance.
Garnishce is a third person or party in whose hands money is attached, and is so called because he bath had garnishment or warning not to pay the money to the defendant, but to appear and answer to the plaintiff creditur's suit.
Habeas corpus (i. e. that you have the body) a writ, so called from those words being used in it--directing that the body of him who is imprisoned be brought before the court or a judge thereof, with the cause of his detention.
Habere facis sesin, is a writ directing the sheriff to give the Scisin of a freehold estate, recovered in a court of justice.
Habere facias possessionem is a writ for giving the possession an estàie for years.
Hereditament's signify all such iinmoveable things as a man may have to him and his heirs by way of inheritance.
Homicide is the killing of a man.
Iloich pot (from the French) is a confused mingling of divers, things together: but by a metaphor it is a blending or mixing of lands given in marriage with other lands in fee falling by descent. By the custom of London it is used, where the children of a freeman are to lave an equal share of one third part of his personal estate.
Hue and cry, is a pursuit of one who hath committed felony from town to town, till he is taken, which all persons who are present where a felony is committed or a dangerous wound given, are bound to raise against the offenders.
Jeofail (from the Erench j'ay faille ii e. I have erred) signifies