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Letters rogatory
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Letters rogatoryA letter rogatory is an instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause depending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. In letters rogatory there is always an offer on the part of tbe court whence they issued, to render a similar service to the court to which they may be directed whenever required.
RELATED TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Court
A body in government to which the administration of justice is delegated.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Interrogatories
A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Offer
Contracts. A proposition to do a thing. An offer ought to contain a right, if accepted, of compelling the fulfilment of the contract, and this right when not expressed, is always implied.
Render
To yield; to return; to give again; it is the reverse of prender.
Service
1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process;
SIMILAR TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Letter book
Commerce. A book containing the copies of letters written by a merchant or trader to his correspondents.
Letter carrier.
A person employed to carry letters from the post office to the persons to whom they are addressed.
Letter of advice
Common law. A letter containing information of any circumstances unknown to the person to whom it is written; generally informing him of some act done by the writer of the letter.
Letter of attorney
Practice. A written instrument under seal, by which one or more persons, called the constituents, authorize one or more other persons called the attorneys, to do some lawful act by the latter, for or instead, and in the place of the former.
Letter of credence
International law. A written instrument addressed by the sovereign or chief magistrate of a state, to the sovereign or state to whom a public minister is sent, certifying his appointment as such, and the general objects of his mission, and requesting that full faith and credit may be given to what he shall do and say ou the part of his court.
Letter of credit
Contracts. An open or sealed letter, from a merchant in one place, directed to another, in another place or country, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited amount, either to procure the same, or to pass his promise, bill, or other engagement for it, the writer of the letter undertaking to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter.
Letter of guarantee
A written undertaking, or letter of indemnity, usually provided by a bank, promising to hold the carrier (supra) harmless, up to a certain sum, for claims that may arise from the delivery of goods to a particular person who is unable to surrender the original bills of lading in return for the goods.
Letter of indemnity
A written undertaking by a shipper to indemnify a carrier for any liability which the carrier may incur for having issued a clean bill of lading (supra) when, in fact, the goods received were not as stated on the bill of lading (supra). Such a letter is usually a central document in a fraud, whereby the shipper and carrier knowingly misrepresent to third parties the actual order and condition of the goods at the time of shipment or the bad order of the packing, or whereby they issue duplicate bills of lading to replace lost or stolen originals. Letters of indemnity should not be condoned by courts and are generally held ineffective as against third parties.
Letter of license
Contracts. An instrument or writing made by creditors to their insolvent debtor, by which they bind themselves to allow him a longer time than he had a right to, for the payment of his debts and that they will not arrest or molest him in his person or property till after the expiration of such additional time.
Letter of marque and reprisal
War. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defence in case of attack by an enemy, is also called a letter of marque.
Letter of recall
A written document addressed by the executive of one government to the executive of another, informing the latter that a minister sent by the former to him, has been recalled.
Letter of recommendation
Common law. An instrument given by one person to another, addressed to a third, in which the bearer is represented as worthy of credit.
Letter of recredentials
A document delivered to a minister, by the secretary of state of the government to which he was accredited. It is addressed to the executive of the minister's country. This is in reply to the letter of recall.
Letter of undertaking
A written undertaking provided by a club to secure the release of a ship belonging to one of the Club's shipowning members from arrest or attachment, or to prevent such arrest or attachment. The letter provides the seizing creditor with a guarantee that his claim will be satisfied up to the amount specified by the letter. It also usually replaces the ship as security and contains a submission to the jurisdiction of the competent court or , as well as an undertaking to accept service on behalf of the shipowners in personam besides in the name of the ship.
Letters ad colligendum bona de functi
Practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such person as he approves, letters to collect the goods of the deceased, which neither make him executor nor administrator; his only busness being to collect the goods and keep them in his safe custody.
Letters close
English law. Close letters are grants, of the king, and being of private concern, they are thus distinguished from letters patent.
Letters of administration
Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.
Letters of request
English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it.
Letters patent
The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open.
Letters testamentary
Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.
Letters testamentary, and of administration
This is an instrument in writing, granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that on the day of the date of the said letters, the last will of the testator, (naming him,) was duly proved before him; that the testator left goods, by reason, whereof, and the probate of the said will, he certifies "that administration of all and singular, the goods, chattels, rights and credits of the said deceased, any way concerning his last will and testament, was committed to the executor, (naming him,) in the said testament named." Letters of administration may be described to be an instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the administrator, (naming him,)," full power to administer the goods, chattels, rights and credits, which were of the said deceased, in the county or, district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover and receive the credits whatsoever, of the said deceased, which at the time of his death were owing, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits will extend, according, to the rate and order of law." Letters of administration pendente lite, are letters granted during the pendency of a suit in relation to a paper purporting to be the last will and testament of the deceased. Letters of administration de bonis non, are granted, where the former executor or administrator did not administer all the personal estate of the deceased, and where he is dead or has been discharged or dismissed. Letters of administration, durante minori aetate, are granted where the testator, by his will, appoints an infaut executor, who is incapable of acting on account of his infancy. Such letters remain in force until the infant arrives at an age to take upon himself the execution of the will.
Lettuce (prison)
In the US penitentiary slang, prisoners who go out to gang rape.
PREVIOUS AND NEXT TERMS--------------------------------------
Letters ad colligendum bona de functi
Practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such person as he approves, letters to collect the goods of the deceased, which neither make him executor nor administrator; his only busness being to collect the goods and keep them in his safe custody.
Letters close
English law. Close letters are grants, of the king, and being of private concern, they are thus distinguished from letters patent.
Letters of administration
Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.
Letters of request
English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it.
Letters patent
The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open.
Letters rogatory
Letters testamentary
Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.
Letters testamentary, and of administration
This is an instrument in writing, granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that on the day of the date of the said letters, the last will of the testator, (naming him,) was duly proved before him; that the testator left goods, by reason, whereof, and the probate of the said will, he certifies "that administration of all and singular, the goods, chattels, rights and credits of the said deceased, any way concerning his last will and testament, was committed to the executor, (naming him,) in the said testament named." Letters of administration may be described to be an instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the administrator, (naming him,)," full power to administer the goods, chattels, rights and credits, which were of the said deceased, in the county or, district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover and receive the credits whatsoever, of the said deceased, which at the time of his death were owing, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits will extend, according, to the rate and order of law." Letters of administration pendente lite, are letters granted during the pendency of a suit in relation to a paper purporting to be the last will and testament of the deceased. Letters of administration de bonis non, are granted, where the former executor or administrator did not administer all the personal estate of the deceased, and where he is dead or has been discharged or dismissed. Letters of administration, durante minori aetate, are granted where the testator, by his will, appoints an infaut executor, who is incapable of acting on account of his infancy. Such letters remain in force until the infant arrives at an age to take upon himself the execution of the will.
Levant et ciuchant
Latin levantes et cubantes. Rising up and lying down. Where lands are not sufficiently fenced to keep out cattle, the landlord, at common law, cannot distrain them until thay have been long enough on the land to have lain down and risen up to feed -- one night at the least. After that period, the law presumes that the owner may have notice that his cattle have strayed, and it is negligence not to have taken them away.
Levant et couchant
This French phrase, which ought perhaps more properly to be couchant et levant, signifies literally rising and lying down. In law, it denotes that space of time which cattle have been on the land in which they have had time to lie down and rise again, which, in general, is held to be one night at least.
Levari facias
English law. A writ of execution against the goods and chattels of a clerk. Also the writ of execvtion on a judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias directed to the bishop of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant in his diocese. The writ also recites, that the sheriff had returned that the defendant had no lay fee, or goods or chattels whereof he could make a levy, and that the defendant was a beneficed clerk; &c., for cases when it issues at the suit of the crown. This writ is also used to recover the plain-tiff's debt; the sheriff is commanded to levy, such debt on the lands and goods of the defendant, in virtue of which he may seize his goods, and receive the rents and profits of his lands, till satisfaction be made to the plain-tiff.
RELATED TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Court
A body in government to which the administration of justice is delegated.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Interrogatories
A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.
Witness
The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony).
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Offer
Contracts. A proposition to do a thing. An offer ought to contain a right, if accepted, of compelling the fulfilment of the contract, and this right when not expressed, is always implied.
Render
To yield; to return; to give again; it is the reverse of prender.
Service
1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process;
SIMILAR TERMS--------------------------------------
Letter
1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue.
Letter book
Commerce. A book containing the copies of letters written by a merchant or trader to his correspondents.
Letter carrier.
A person employed to carry letters from the post office to the persons to whom they are addressed.
Letter of advice
Common law. A letter containing information of any circumstances unknown to the person to whom it is written; generally informing him of some act done by the writer of the letter.
Letter of attorney
Practice. A written instrument under seal, by which one or more persons, called the constituents, authorize one or more other persons called the attorneys, to do some lawful act by the latter, for or instead, and in the place of the former.
Letter of credence
International law. A written instrument addressed by the sovereign or chief magistrate of a state, to the sovereign or state to whom a public minister is sent, certifying his appointment as such, and the general objects of his mission, and requesting that full faith and credit may be given to what he shall do and say ou the part of his court.
Letter of credit
Contracts. An open or sealed letter, from a merchant in one place, directed to another, in another place or country, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited amount, either to procure the same, or to pass his promise, bill, or other engagement for it, the writer of the letter undertaking to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter.
Letter of guarantee
A written undertaking, or letter of indemnity, usually provided by a bank, promising to hold the carrier (supra) harmless, up to a certain sum, for claims that may arise from the delivery of goods to a particular person who is unable to surrender the original bills of lading in return for the goods.
Letter of indemnity
A written undertaking by a shipper to indemnify a carrier for any liability which the carrier may incur for having issued a clean bill of lading (supra) when, in fact, the goods received were not as stated on the bill of lading (supra). Such a letter is usually a central document in a fraud, whereby the shipper and carrier knowingly misrepresent to third parties the actual order and condition of the goods at the time of shipment or the bad order of the packing, or whereby they issue duplicate bills of lading to replace lost or stolen originals. Letters of indemnity should not be condoned by courts and are generally held ineffective as against third parties.
Letter of license
Contracts. An instrument or writing made by creditors to their insolvent debtor, by which they bind themselves to allow him a longer time than he had a right to, for the payment of his debts and that they will not arrest or molest him in his person or property till after the expiration of such additional time.
Letter of marque and reprisal
War. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defence in case of attack by an enemy, is also called a letter of marque.
Letter of recall
A written document addressed by the executive of one government to the executive of another, informing the latter that a minister sent by the former to him, has been recalled.
Letter of recommendation
Common law. An instrument given by one person to another, addressed to a third, in which the bearer is represented as worthy of credit.
Letter of recredentials
A document delivered to a minister, by the secretary of state of the government to which he was accredited. It is addressed to the executive of the minister's country. This is in reply to the letter of recall.
Letter of undertaking
A written undertaking provided by a club to secure the release of a ship belonging to one of the Club's shipowning members from arrest or attachment, or to prevent such arrest or attachment. The letter provides the seizing creditor with a guarantee that his claim will be satisfied up to the amount specified by the letter. It also usually replaces the ship as security and contains a submission to the jurisdiction of the competent court or , as well as an undertaking to accept service on behalf of the shipowners in personam besides in the name of the ship.
Letters ad colligendum bona de functi
Practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such person as he approves, letters to collect the goods of the deceased, which neither make him executor nor administrator; his only busness being to collect the goods and keep them in his safe custody.
Letters close
English law. Close letters are grants, of the king, and being of private concern, they are thus distinguished from letters patent.
Letters of administration
Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.
Letters of request
English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it.
Letters patent
The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open.
Letters testamentary
Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.
Letters testamentary, and of administration
This is an instrument in writing, granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that on the day of the date of the said letters, the last will of the testator, (naming him,) was duly proved before him; that the testator left goods, by reason, whereof, and the probate of the said will, he certifies "that administration of all and singular, the goods, chattels, rights and credits of the said deceased, any way concerning his last will and testament, was committed to the executor, (naming him,) in the said testament named." Letters of administration may be described to be an instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the administrator, (naming him,)," full power to administer the goods, chattels, rights and credits, which were of the said deceased, in the county or, district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover and receive the credits whatsoever, of the said deceased, which at the time of his death were owing, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits will extend, according, to the rate and order of law." Letters of administration pendente lite, are letters granted during the pendency of a suit in relation to a paper purporting to be the last will and testament of the deceased. Letters of administration de bonis non, are granted, where the former executor or administrator did not administer all the personal estate of the deceased, and where he is dead or has been discharged or dismissed. Letters of administration, durante minori aetate, are granted where the testator, by his will, appoints an infaut executor, who is incapable of acting on account of his infancy. Such letters remain in force until the infant arrives at an age to take upon himself the execution of the will.
Lettuce (prison)
In the US penitentiary slang, prisoners who go out to gang rape.
PREVIOUS AND NEXT TERMS--------------------------------------
Letters ad colligendum bona de functi
Practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such person as he approves, letters to collect the goods of the deceased, which neither make him executor nor administrator; his only busness being to collect the goods and keep them in his safe custody.
Letters close
English law. Close letters are grants, of the king, and being of private concern, they are thus distinguished from letters patent.
Letters of administration
Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.
Letters of request
English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it.
Letters patent
The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open.
Letters rogatory
Letters testamentary
Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.
Letters testamentary, and of administration
This is an instrument in writing, granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that on the day of the date of the said letters, the last will of the testator, (naming him,) was duly proved before him; that the testator left goods, by reason, whereof, and the probate of the said will, he certifies "that administration of all and singular, the goods, chattels, rights and credits of the said deceased, any way concerning his last will and testament, was committed to the executor, (naming him,) in the said testament named." Letters of administration may be described to be an instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the administrator, (naming him,)," full power to administer the goods, chattels, rights and credits, which were of the said deceased, in the county or, district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover and receive the credits whatsoever, of the said deceased, which at the time of his death were owing, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits will extend, according, to the rate and order of law." Letters of administration pendente lite, are letters granted during the pendency of a suit in relation to a paper purporting to be the last will and testament of the deceased. Letters of administration de bonis non, are granted, where the former executor or administrator did not administer all the personal estate of the deceased, and where he is dead or has been discharged or dismissed. Letters of administration, durante minori aetate, are granted where the testator, by his will, appoints an infaut executor, who is incapable of acting on account of his infancy. Such letters remain in force until the infant arrives at an age to take upon himself the execution of the will.
Levant et ciuchant
Latin levantes et cubantes. Rising up and lying down. Where lands are not sufficiently fenced to keep out cattle, the landlord, at common law, cannot distrain them until thay have been long enough on the land to have lain down and risen up to feed -- one night at the least. After that period, the law presumes that the owner may have notice that his cattle have strayed, and it is negligence not to have taken them away.
Levant et couchant
This French phrase, which ought perhaps more properly to be couchant et levant, signifies literally rising and lying down. In law, it denotes that space of time which cattle have been on the land in which they have had time to lie down and rise again, which, in general, is held to be one night at least.
Levari facias
English law. A writ of execution against the goods and chattels of a clerk. Also the writ of execvtion on a judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias directed to the bishop of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant in his diocese. The writ also recites, that the sheriff had returned that the defendant had no lay fee, or goods or chattels whereof he could make a levy, and that the defendant was a beneficed clerk; &c., for cases when it issues at the suit of the crown. This writ is also used to recover the plain-tiff's debt; the sheriff is commanded to levy, such debt on the lands and goods of the defendant, in virtue of which he may seize his goods, and receive the rents and profits of his lands, till satisfaction be made to the plain-tiff.
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