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Levari facias
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Levari faciasEnglish 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--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Clerk
1) Commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. 2) Ecclesiastical law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the ceremony of the tonsure, is a clerk. 3) A person employed in an office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transactions of the tribunal or body to which he belongs. Some clerks, however, have little or no writing to do in their offices, as, the clerk of the market, whose duties are confined chiefly to superintending the markets.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Crown
A covering for the head, commonly used by kings; figuratively, it signifies royal authority.
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.
Ecclesiastic
A clergyman; one destined to the divine ministry, as, a bishop, a priest, a deacon.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Fieri
Latin. To be done; to be made. Compare Facere.
Bishop
An ecclesiastical officer, who is the chief of the clergy of his diocese, and is the archbishop's assistant.
Diocese
Ecclesiastical law. The district over which a bishop exercises his spiritual functions.
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.
Defendant
A party who is sued in a personal action.
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.
Fee
1) Feudal law. An allotment of land in consideration of military service; land held of a superior, on condition of rendering him service, the ultimate property remaining in him. Oppossed to allodium. 2) An estate of inheritance - the highest and most extensive interest a man can have in a feud.
Levy
Practice. A seizure the raising of the money for which an execution has been issued.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Receive
To receive. Voluntarily to take from another what is offered.
Profits
In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill.
Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.
SIMILAR TERMS--------------------------------------
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.
PREVIOUS AND NEXT TERMS--------------------------------------
Letters rogatory
A 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.
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
Leverage factors
Considerations made by each parties pertaining to the issues that are being disputed.
Levitical degrees
Those degrees of 'kindred set forth' in the eighteenth chapter of Leviticus, within which persons are prohibited to marry.
Levy
Practice. A seizure the raising of the money for which an execution has been issued.
Levying war
Criminal law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution.
Lex
The law. A law for the government of mankind in society. Among the ancient Romans, this word was frequently used as synonymous with right, jus. When put absolutely, lex meant the Law of the Twelve Tables.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Execution
1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence.
Clerk
1) Commerce, contract. A person in the employ of a merchant, who attends only to a part of his business, while the merchant himself superintends the whole. 2) Ecclesiastical law. Every individual, who is attached to the ecclesiastical state, and who has submitted to the ceremony of the tonsure, is a clerk. 3) A person employed in an office, public or private, for keeping records or accounts. His business is to write or register, in proper form, the transactions of the tribunal or body to which he belongs. Some clerks, however, have little or no writing to do in their offices, as, the clerk of the market, whose duties are confined chiefly to superintending the markets.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Crown
A covering for the head, commonly used by kings; figuratively, it signifies royal authority.
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.
Ecclesiastic
A clergyman; one destined to the divine ministry, as, a bishop, a priest, a deacon.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Fieri
Latin. To be done; to be made. Compare Facere.
Bishop
An ecclesiastical officer, who is the chief of the clergy of his diocese, and is the archbishop's assistant.
Diocese
Ecclesiastical law. The district over which a bishop exercises his spiritual functions.
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.
Defendant
A party who is sued in a personal action.
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.
Fee
1) Feudal law. An allotment of land in consideration of military service; land held of a superior, on condition of rendering him service, the ultimate property remaining in him. Oppossed to allodium. 2) An estate of inheritance - the highest and most extensive interest a man can have in a feud.
Levy
Practice. A seizure the raising of the money for which an execution has been issued.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Issues
English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called issues.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Receive
To receive. Voluntarily to take from another what is offered.
Profits
In general, by this term is understood the benefit which a man derives from a thing. It is more particularly applied to such benefit as arises from his labor and skill.
Satisfaction
1) Practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. 2) Construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee.
SIMILAR TERMS--------------------------------------
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.
PREVIOUS AND NEXT TERMS--------------------------------------
Letters rogatory
A 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.
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
Leverage factors
Considerations made by each parties pertaining to the issues that are being disputed.
Levitical degrees
Those degrees of 'kindred set forth' in the eighteenth chapter of Leviticus, within which persons are prohibited to marry.
Levy
Practice. A seizure the raising of the money for which an execution has been issued.
Levying war
Criminal law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution.
Lex
The law. A law for the government of mankind in society. Among the ancient Romans, this word was frequently used as synonymous with right, jus. When put absolutely, lex meant the Law of the Twelve Tables.
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This dictionary contains 8526 terms.
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