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Languidus
LanguidusPractice. The name of a return made by the sheriff, when a defendant whom he has taken by virtue of process is so dangerously sick that to remove him would endanger his life or health. In that case the officer may and ought unquestionably to abstain from removing him, and may permit him to remain even in his own house, in the custody of a follower, though not named in the warrant, he keeping the key of the house in his possession the officer ought to remove him as soon is sufficiently recovered. If there be a doubt as to the state of health of the defendant, the officer should require the attendance and advice of some respectable medical man, and require him, at the peril of the consequences of misrepresentation, to certify in writing whether it be fit to remove the party, or take him to prison within the county. RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Return Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning. Sheriff The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Defendant A party who is sued in a personal action. Process 1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing. Life The aggregate of the animal functions which resist death. Bichat. Health "1) Freedom from pain or sickness; the most perfect state of animal life. It may be defined, the natural agreement and concordant dispositions of the parts of the living body. 2) Public health is an object of the utmost importance and has attracted the attention of the national and state legislatures. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Permit A license or warrant to do something not forbidden bylaw. House Estates. A place for the habitation and dwelling of man. This word has several significations, as it is applied to different things. In a grant or demise of a house, the curtilage and garden will pass, even without the words "with the appurtenances," being added. Custody The detainer of a person by virtue of a lawful authority. Warrant Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based. Possession International law. By possession is meant a country which is held by no other title than mere conquest. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Advice 1) Com. A letter containing information of any circumstances unknown to the person to whom it is written; when goods are forwarded by sea or land, the letter transmited to inform the consignee of the fact, is termed advice of goods, or letter of advice. When one merchant draws upon another, he generally advises him of the fact. These letters are intended to give notice of the facts they contain. 2) Practice. The opinion given by counsel to their clients; this should never be done but upon mature deliberation to the best of the counsel's ability; and without regard to the consideration whether it will affect the client favorably or unfavorably. Man A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man. Peril The accident by which a thing is lost. Misrepresentation A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. Writing The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Prison A legal prison is the building designated by law, or used by the sheriff, for the confinement, or detention of those whose persons are judicially ordered to be kept in custody. But in cases of necessity, the sheriff may make his own house, or any other place, a prison. County Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116. SIMILAR TERMS-------------------------------------- PREVIOUS AND NEXT TERMS-------------------------------------- Laity Those persons who do not make a part of the clergy. In the United States the division of the people into clergy and laity is not authorized by law, but is, merely conventional. Lamb A ram, sheep or ewe, under the age of one year. Land mark A monument set up in order to ascertain the boundaries between two contiguous estates. For removing a land mark an action lies. Land tenant He who actually possesses the land. He is technically called the terre-tenant. Landlord A person firm or company which grants a lease or licence to a tenant and is accordingly responsible for the landlord's obligations under the lease. The landlord may be the owner of the freehold or a leasehold interest that permits him to underlet. now-how as a term often covers matters such as new product plans, costings, materials, production information, financial status, accountancy information, consumer lists and business information. Languidus Lapping Stealing a customer payment and then using a subsequent customer payment to cover the previous customer's account. This overlapping payments creates a "float" of money that can be used as long as all payments are eventually posted. What usually occurs is that the lapping process builds up like a giant pyramid until it falls apart when not enough payments are available to cover the amounts owed. Lapse Ecclesiastical law. The transfer, by forfeiture, of a right or power to present or collate to a vacant benefice, from, a person vested with such right, to another, in consequence of some act of negligence of the former. Lapsed gift A gift made in a will to a person who has died prior to the will-makers death. Lapsed legacy One which is extinguished. The extinguishment may take place for various reasons. Larceny Criminal law. The wrongful and fraudulent taking and carrying away, by one person, of the mere personal goods, of another, from any place, with a felonious intent to convert them to his, the taker's use, and make them his property, without the consent of the owner. We thank you for using the Juridical Dictionary to search for Languidus. 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