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an oversight in pleading or other law proceedings, which being acknowledged by the pleader, he is permitted, by the statutes of jeofails, to amend it.

Imparlance (from the French parler to speak) is a petition in court for a day to consider, what answer the defendant shall make to the action of the plaintiff.

Injunction is a prohibition granted, in divers cases to suspend farther proceedings.

Inquisition, is a manner of proceeding by way of search or examination.

Interlocutary order, is that which decides not the cause, but only some incidental matter, which happens between the beginning and end of it.

Joint tenants, are those that hold lands or tenements jointly by one title.

Jointure is a settlement of lands and tenements made to a woman in consideration of marriage, or a covenant whereby the husband or some friend of his assureth them to her for life.

Larceny, see Snminary, Division II. Class 2, § 9.

Levant et chouchant, is a term used with respect to cattle which have been so long on the ground of another, that they have lain down and risen again to feed.

Levari facias, is a writ for levying a sum of money on a man's lands and tenements, goods and chattles, who has forfeited his recognizance.

Livery of seisin is a delivery of possession of lands, tenements and hereditaments, unto one that hath a right to the same.

Mainpernois are those persons to whom a man is delivered out of custody, or prison, or those becoming bound for his appearing.

Main prize is the taking of a person into friendly custody, who otherwise might be committed to prison, upon security, being given that he shall be forthcoming at the time and place appointed.

Maintainors are those who maintain or second a cause depend ing between others, by money, interest, &c.

Mandamus (i. e. we command) is a command issuing from . superior court, and directed to any person, corporation or inferior court of judicature, requiring them to do some particular thing therein specified, which appertains to their office and duty. Medietas linguæ signifies a jury of which one half consists of citizens and the other of strangers.

Mise signifies expences. It has another signification when applied to a writ of writ of right, in connection with which it has the same meaning as the word issue in all other actions.

Mittimus, (i. e. we have sent) is the name of a precept from a justice to a goaler on sending an offender to him for safe keeping, and likewise of a writ for sending records from one court to another.

Monstrans de droit, is a shewing of right, and signifies a writ

to be restored to lands and tenements, that are a man's in right, though found to

Mortgage is a pawn of lands or tenement, &c. formerly bor rowed, to be creditor's forever, if the money be not repaid on the day agreed.1;

on the in the
of one lately dead.

Mesne process is that which issues whilst a suit is depending, upon some interlocutory matter, as to summon juries, witnesses, &c. It also signifies such process as intervenes between the beginning and end of a suit.

Ne exeat is a writ to restrain a person from going out of the state.

Nihil dicit (i. e. he says nothing) is a failing by the defendant to answer to the plaintiff's plea by the day assigned.

Nil debet, is a plea to an action of debt, signifying he owes nothing.

Noller prosequi. signifies that the plaintiff is unwilling to prosecute the suit.

Non assumpsit, is a plea in personal actions, denying that any promise was made.

Non compos mentis, is not being of a sound mind, memory and understanding.

Non est culpabilis is a plea signifying that he is not culpable,that the fact charged is not true.

Non est factum, is a plea on an action on a bond or deed that it was not executed.

Non est inventus, is the return of a sheriff on a writ when the defendant was not found in his county.

Non suit, is the letting of a suit or action fall.

Non sum informatus, is the answer of an attorney when he is not informed or instructed to say any thing material in defence of his client.

Nul tiel record: there is no such record.

Nuncupative willa will by word of mouth, before a sufficient number of witnesses.

Onus probandi:--the burthen of proving.

Oyer and terminer is a commission to hear and determine all treasons, felonies, &c.

Pain fort et dure,-is an especial punishment formerly inflicted on those who stood mute.

Parceners: where a person seized in fee simple or fee tail dies, and his next heirs are two or more females, they all inherit as co-heirs and are called parceners or co-parceners. So where land descends, as in gavelkind, to all the males in equal degree, as sons, brothers, uncles, &c. they are parceners.


Posse commetatus-the power of the county, including all above age of 15, who are able to travel.

Pluries a writ issued in the third place after the two former have been disobeyed.

Posthumous is where a child is born after the death of his fa


Precipe quad reddat is the form of a writ which extends as


well to a writ of right as to other writs of entry or possession, beginning with precipe, &c. i. e. command A. that he render to B. &c.

Procedendo is a writ sending a cause back again to an inferior


Prochein amy-the next friend.

Quantam meruit (i. e. how much he hath deserved.) It is an action of the case, grounded on the promise of another to pay him for doing any thing so much as he should deserve.

Replevin is a remedy granted upon a distress, being a re-deliverance of the thing destrained, to the first possessor, on security or pledges, according to the English law, being given by him to try the right with the destrainer and to answer him in a court of law. But by the law of Kentucky the property may be replevied by entering into bond with sufficient security for paying the amount with costs and lawful interest within three months.

Seisin signifiès possession, and to seize is to take possession. Subpœna is a process to cause witnesses to appear and give tesmony, under a penalty for disobedience.

Subpoena duces tecum, is a process to compel a witness to bring with him some writing or other evidence, necessary to be produced in the cause.

Supersedeas, is a writ for staying proceedings at law, on good cause shewn.

Scire facias is a writ commanding the sheriff to cause it to be made known to a defendant against whom judgment has been given, that he must appear on a certain day and shew cause why execution ought not to issue.

Testatum is a writ in personal actions, after the sheriff has certified that the defendant is not in the county, upon which this writ is sent into any other county where he is thought to be, or to have wherewith to satisfy.

Teste is a word used in the last part of writs wherein the date is contained.

Venire-is either a summons to cause the party to come and answer an indictment or presentment, or the process directed to the sheriff to cause a jury to appear.

Voir dire to speak the truth-to make truc answer to such questions as the court shall propose.








SESSION 1815-16.

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