He was noted for his improvisations, which, together with his compositions, were remarkable for their brilliant harmonies. He was elected to the Legion of Honor in 1850. He was especially famous as an organist and for his compositions for the organ. He was author of 50 études; three symphonies; three masses; an opera-comique, 'Les recruteurs' (1861); a cantata, 'Apres la victoire) (1863),

etc.

LEFEBVRE, le-favr, Charles, French composer: b. Paris, 19 June 1843. He studied at the Conservatoire under Ambroise Thomas and in 1870 won the first prize with his cantata, 'Le jugement de Dieu.' He was afterward a professor at the Conservatoire and engaged in composition. He was author of several symphonies, sonatas, much instrumental music and Judith' (1879); 'Melka' (1883); (Zaire) (1887); 'Eloa' (1889); 'La messe du fantôme (1899); Toggemburg) (1906), etc.

LEFEBVRE, Jules, French painter: b. Tournan, Seine-et-Marne, 10 March 1836; d. Paris, 24 Feb. 1912. He was apprenticed to the trade of his father who was a baker, but through his mother's interest he was sent to Paris and became the pupil of Léon Coignet. His 'Death of Priam, exhibited in the Salon (1851), won for him the Grand Prix de Rome, since which he gained many medals and honors. His 'Femme Couchée' in the Salon of 1868, a nude of singular freshness and power, established his reputation as an artist of the first rank, and the votes of the judges were divided equally between this picture and a painting of Corot's for the medal of honor, which was, however, bestowed on Brion. Among his best-known canvases are 'Grasshopper) (1872) in the Saint Louis Museum; 'Mignon and Graziella' (1878) in the Metropolitan Museum, New York; Díana Surprised' (1879); Lady Godiva, a painting popularized by many reproductions; Psyche) (1883). La Vérité in the Salon of 1870 attracted wide attention, and in recognition of its merits the painter was decorated with the cross of the Legion of Honor. "Truth is represented as holding aloft to the world a shining mirror. The action is impressive, the lines and proportion of the figure admirable, although the coloring is a little cold. As a painter of ideal heads Lefebvre has become widely popular. His 'Vittoria Colonna' is one of the most effective of these. 'La Liseuse' (1889); 'La Poésie Antique,' 'Laure' and 'Violetta, all exhibit the classic beauty, the repose and exquisite refinement of the ideal school while Clemence Isaure' is a study which is very human and life-like.

Lefebvre was one of the first of French painters, and his influence was great in the Julien School where he was one of the instructors. Among the romanticists, classicists, realists and impressionists, he stood in the same class as Hector Leroux, Baudry, Bougereau and Puvis de Chavannes, as an advanced idealist. Yet in opposition to such artists as Courbet, Manet and Bonnat, he was immensely popular, being in his love of ideal beauty and his refined technique "French of the French.»

LEFEBVRE, or LE FEVRE, Nicolas or Nicasius, chemist, probably a native of France: 1847-58 he was organist at the Madeline, and

cated at the Protestant Academy at Sedan, acquired a knowledge of chemistry and became his majesty's apothecary and distiller. In 1660 appeared his Traité de la Chemie Théorique et Pratique, which went through several editions, and was translated into German. In 1660 he was invited to London by Charles II to take the post of royal professor and apothecary in ordinary to the household. He was also elected to the Royal Society, which had just been founded. In 1664 appeared a translation into English of his "Traité) entitled A Compleat Body of Chymistry. The whole work is very well done, the author shows thorough familiarity with his subject, and his descriptions of apparatus, of substances and of preparations are clear and systematic. His work served as a model for those of succeeding chemists.

LEFEBVRE, Pierre François Joseph, DUKE OF DANZIG, marshal of France: b. Rouffach, Alsace, 20 Oct. 1755; d. Paris, 14 Sept. 1820. At the outbreak of the Revolution he was a sergeant in the Guards. He espoused the cause of the revolutionists, rose to the rank of officer and was noted for his courage and humanity in the street fighting in Paris. He was promoted general of division in 1793. He served at Fleurs, Altenkirchen and in other actions of the Revolutionary campaigns, and in 1799 he was wounded at Stokach. He returned to France and aided Napoleon in the coup d'état of 18 Brumaire, and became one of the first marshals of the First Empire. He was at Jena, received his ducal title for his services at the siege of Danzig in 1806-07, served in Spain in 1808-09, and commanded the Bavarian forces at Abensberg, Rohr and Eckmühl. He was in command of the Imperial Guard in the Russian campaign and fought through Napoleon's last campaign against the Allies. He, gave allegiance to Louis XVIII and was made a peer, but joined Napoleon in the Hundred Days and was not permitted to return to his seat in the Upper Chamber until 1819. He' was one of the ablest of Napoleon's subordinate commanders, fearless, unassuming, trustworthy and loyal. His wife, nicknamed by the court, "Madame Sans Gêne" (q.v.), was, like himself, a child of the people and suffered much criticism, but retained his unquestioning loyalty.

He

LEFEBVRE-DESNOUETTES, lě-fěv'r'dā'-noo'ět', Charles, COUNT, French cavalry general: b. Paris, 14 Sept. 1773; d. at sea, 22 April 1822. He volunteered in the Revolutionary army in 1792 and in 1798 had risen to the rank of captain, and was appointed aide-decamp to Napoleon. He won promotion at both Marengo and Austerlitz, served in the Prussian campaign of 1806-07, and in 1808 became general of division and was created a count. participated in the Spanish campaign and was taken prisoner by the English late in 1808. He escaped after two years and joined Napoleon's invasion of Russia. He took part in the Austrian and Prussian campaigns, served again under Napoleon in the Hundred Days and was wounded at Waterloo. He was condemned to death for his allegiance to Napoleon but made his escape to the United States. Eventually he obtained permission to return to France, but was lost at sea off the coast of Ireland when the Albion went down with all on board.

LEFEVRE, FAVRE, fä’vr', or FABER, fa'bar, Pierre, Jesuit priest: b. Villaret (now Villard), Savoy, 13 April 1506; d. Barcelona, 1 Aug. 1546. He studied at the College of Sainte-Barbe, Paris, and became the tutor of Ignatius Loyola. He was ordained in 1534 and on 15 August of that year he was one of the six original associates of Loyola in the foundation of the Order of the Jesuits. In 1537 he was professor of theology in the Collegio di Sapienza in Rome, and in 1538 he was sent to Parma and Piacenza where he labored for a revival of Christian piety. He was sent to Germany in 1540 to uphold Catholicism at the Diet of Worms, and he was called to that of Ratisbon in 1541. He then worked for a time in Spain, but returned to Germany in 1543 and established the Jesuit College at Cologne.. In 1544 he was again sent to Spain where he founded Jesuit colleges at Coinbra, Madrid, Valencia and Valladolid He was selected to attend the Council of Trent in 1546, but died on the way. He was revered next to Loyola in the original order of the Jesuits. He was beatified 5 Sept. 1872 and his feast day is 8 August.

LEFFERTS, Marshall, American engineer: b. Bedford, Long Island, 1821; d. 1876. After receiving a common school education he took up various occupations, finally settling down in the profession of electrical engineer, which he pursued from 1849 to 1860. He patented an automatic system of telegraphic transmission. During that time he was in the employ of the American Telegraph Company, and consulting engineer to the Atlantic Cable Company. He made many improvements in inventions in the department of electrical transmission while in the service of these companies. During the war he commanded the 7th regiment. In 1867 he became connected with the news department of the Western Union Telegraph Company; two years later, president of the Gold and Stock Telegraph Company, and 1871 he took control of the commercial news department, which had been purchased by that company.

LEFFMANN, Henry, American chemist: b. Philadelphia, 9 Sept. 1847. He was graduated from Jefferson Medical College in 1869 and from the Pennsylvania College of Dental Surgery in 1884. He was elected assistant professor of chemistry at the Philadelphia Central High School and served from 1876 to 1880. He was port physician 1884-87, and 1891-92, and in 1888 was appointed but not confirmed, coiner United States Mint, political reasons interfering. After 1888 he was professor of chemistry at the Women's Medical College of Pennsylvania and professor of chemistry at the Wagner Free Institute of Science. Among his works are 'First Steps in Chemical Principles; Compend of Organic Chemistry); 'Compend of Chemistry); Analysis of Milk and Water Products'; Sanitary Relations of Coal Tar Products (from the German).; 'Structural Formulæ for the Use of Students' Analysis of Water; Select Methods in Food Analysis (2d ed., 1905); About Dickens' (1908); States-Rights Fetish (1913). He edited Reese's Medical Jurisprudence and Toxicology (4th and 5th eds.), and Allen's Commercial Organic Analysis) (Vols. I and II, 3d ed.).

LEFORT, le-fôr', François Jacques, Russian admiral and statesman: b. Geneva, 1653. or 1656; d. Moscow, 2/12 March 1699. He was of Scottish descent, was educated at Geneva, and after service with the French and Dutch navies he joined the Russian army in 1675. He served in the wars against the Turks and Tatars and afterward became a sort of military monitor to the future Peter the Great. He was a close supporter and adviser of Peter in the struggle against his sister, Sophie, for the rulership in 1677-79 and gained the undying gratitude of the monarch. He reorganized the army with the assistance of Patrick Gordon, materially aided the realization of Peter's project of creating a navy, and was largely instrumental in introducing Western ideals in the court of Russia. He became grand admiral and generalissimo in 1694, and shared in the naval triumph in which Peter wrested Azof from the Turks in 1695-96. He was chief of the embassy in the expedition in which Peter the Great traveled incognito through Europe in 1697-98. Consult Bassville, Précis histoire la vie de François Lefort (1784); Posselt, 'Der General und Admiral F. Lefort' (2 vols., 1866).

LEFRANC, le-frän', Abel Jules Maurice, French historian: b. Elincourt-Sainte-Marguerite, Oise, 27 July 1863. He was educated at Paris and at the universities of Leipzig and Berlin. He was secretary, and later professor, of the College of France, was exchange professor at the University of Chicago in 1913 and was thrice a laureate of the French Academy. He was a collaborator on the 'Grande Encyclopédie and attained general recognition as an authority on the literature of the 16th century. Author of 'Histoire de la ville de Moyon et de ses institutions jusqu'à la fin du XIIIe siècle' (1887); 'Histoire du Collège de France depuis ses origines jusqu'à la fin du premier Empire' (1893); 'Leçons sur Moliere et sur le roman français au XVIIe siècle) (1904-09); Défensede Pascal: Pascal est-il un faussaire? (1906); 'Etudes sur Maurice Guérin et sur ses œuvres inédites' (1908); 'Les œuvres de François Rabelais). (1912-13); Grands ecrivains français de la renaissance) (1914); Euvres inédits de André Chenier' (1914), etc.

architect: b. Versailles, 14 Nov. 1810; d. Paris, LEFUEL, lě-fwěl', Hector Martin, French 1 Jan. 1881. He studied under his father and Huyot, and at the Ecole des Beaux-Arts, and in 1839 won the Prix de Rome. He designed in 1848 a mantel for the Palais de Florence which won great admiration, and in 1854 he succeeded Visconti in the direction of the work at the Louvre and at the Tuileries. He built the temporary palace for the Exposition des Beaux-Arts in 1855, and the façades of the Grand Galerie and the Rue de Rivoli were his work. He remodeled the pavilions Marsan and Deflore, and built the national porcelain works at Sèvres. He was a professor at the Ecole des Beaux-Arts, and in 1855 he was elected to the Institute.

LEG (a word of Scandinavian origin, Icelandic leggr, Danish læg, Swedish läg; the Anglo-Saxon word was scanca or sceanca, from which is derived the English word "shank"), one of the two lower limbs of man, and any

one of the limbs of an animal, used in supporting and moving the body, in standing, walking, running, climbing or swimming. The sense of the word is occasionally restricted to the designation of that portion of the body between the knee and the ankle, but more generally it is used in describing the entire lower limb.

LEGACY, a gift of a chattel, money, or other personal property made through the will of a person deceased. Such bequests are either specific or general; a specific legacy as the name indicates is confined to the gift of a specific article, as a piece of plate, a painting, etc.; a general legacy is one which is paid out of the general assets of the estate. If the subject of the specific legacy fail, that is, if it goes out of the possession of the testator, the legacy becomes null, whereas a general legacy, which of its very nature is not to be paid out of any particular property or possession, does not lapse provided the general assets of the estate are sufficient to cover it. When the assets are insufficient, debts being first paid off, specific legacies take precedence over general, the latter being then reduced pro rata. A demonstrative legacy is a term given to a bequest which to some extent partakes of the character of the two preceding forms of bequest. It is one in which the testator orders to be given the legatee out of specific property or funds. Such is a bequest of a number of shares of stock out of a large number. In the case where the legatee dies before the testator the legacy lapses and is included in the share of the residuary legatee, or in case such a legatee is not named, passes to the testator's next of kin. Legacies may be satisfied by the testator previous to his death, in which case they are said to lapse by ademption. Legacies to a married woman are subject to the law governing the property of this class of persons, and legacies to a minor are payable to the guardian who holds such in trust for his ward. The testator's powers are in some States limited by statute. For these and for rules as to the interpretation of clauses giving bequests, the provisions in regard to illegitimate children, etc. (see WILL). Consult the references there appended.

LEGAL EDUCATION. Instruction in law schools is given by lectures, by recitations from textbooks and by discussion and explanation of selected cases. Each of these systems has its advocates. In a majority of the schools instruction is given mainly by lectures. Next in popularity comes the method of recitations on lessons previously assigned. There are only a few schools that depend mainly on the discussion and explanation of selected cases. See COUNSELLOR AT LAW, EDUCATION, PROFESSIONAL.

LEGAL HUNDRED, The, the governing conference of the Wesleyan Methodist Church established. by John Wesley in 1784 in order to give to his Church organization a legal standing before the civil authorities. The powers of the body are defined in a paper called "the Deed of Declaration," its purpose being to secure the property and safeguard the unity of the Church. A hundred members were named from the General Conference, of which all ministers in the Church were members; vacancies are filled by election, thus rendering the body perpetual. The Conference meets

once a year, its sessions never less than five days, nor longer than three weeks, and controls all Church procedure whether of denominational or business nature.

LEGAL PROCEEDINGS, all proceedings, whether civil or criminal, provided for by law and brought or instituted in a court of law, or legal tribunal, for the purpose of establishing or acquiring a right, or enforcing justice or a remedy. The term covers all the processes of a suit from its initiation to the filing of records. A secondary meaning of the term makes it distinguish between cases tried in common-law courts and those of ecclesiastical courts or courts of admiralty, chancery or equity.

LEGAL REPRESENTATIVE, or PERSONAL REPRESENTATIVE,

one

who personally represents another and succeeds to his rights and place, as the executors or administrators of a will or estate of a deceased person; the heirs of a deceased person either through relationship or bequest, and, in the case of a living person, a representative in cases of bankruptcy or insolvency, as an assignee or receiver; or a guardian, partner, an assignee of a mortgage or a grantee of land. The term originally designated only the executors or administrators of the estate of a decedent. The approval of the court is necessary to the confirmation of any such appointment.

LEGAL TENDER, in its widest sense, an offer to perform a contract according to specified conditions. It also designates the coin and paper money which a creditor may be compelled to accept in payment of debts. Generally speaking, all kinds of United States money are legal tenders in ordinary transactions, either with or without limit as to amount. Specifically, gold coins are a legal tender for any amount; gold and silver certificates are not legal tenders; silver dollars, United States notes and the few United States treasury notes of 1890 still outstanding are unlimited tenders unless otherwise contracted; subsidiary silver coin are legal tenders for all dues to the amount of $10, and minor coin for all dues to the amount of 25 cents. National bank notes are not really legal tenders, but in ordinary business they pass as such. They are receivable at par in payment of dues to the United States, except duties on imports and for payments by the United States, except interest on the public debt or redemption of the national currency. Certificates of deposit payable to order are issued to national banks for United States notes; they bear no interest, and are chiefly used in the settlement of clearing-house balances and in the reserves of the banks. State banks are governed by varying local laws, and their circulation is almost wholly within the several States. Consult Breckenridge, S. P., 'Legal Tender' (Chicago 1903); Hepburn, A. B., History of Coinage and Currency in the United States' (New York 1903); Hunt, A. R., "Treatise on the Law of Tender) (Saint Paul, Minn., 1903); Laughlin, J. L., 'Economic Effects of Legal Tender,' in Yale Review (Vol. X, New Haven 1902); Smith, J. C., 'Legal Tender: Essays' (London 1910), and United States Revised Statutes, §§ 3584-3590, amended.

as

LEGAL-TENDER CASES, in American finance, a series of cases before the United States Supreme Court, involving the question whether certain acts of Congress declaring United States notes a legal tender in payment of all debts, public and private, were constitutional. The cases were first argued in December 1867 and decided in November 1869, by a divided court. Five members of the court decided in the affirmative and three dissented. In 1871 after a reorganization of the Supreme Court, the cases were again brought up for argument. Again the court divided, five judges upholding the constitutionality of the act and four dissenting. All the judges agreed that Congress had full power to direct issues of paper money. In 1878 Congress decreed that legal tender notes which had been redeemed or received in the Treasury from any source should be reissued and kept in circulation. This latter act was assailed in the courts and the Supreme Court decided, with but one dissenting voice, that Congress had full power to make United States notes a legal tender in the payment of private debts in times of peace as well as in times of war. This decision closed all judicial action upon the subject. Consult Thayer, Legal Tender' in Harvard Law Review (1887); Legal Tender Cases (110 U. S. 421, 1884); Bancroft, George, A Plea for the Constitution' (New York 1886); Miller, 'Lectures on the Constitution of the United States' (ib. 1891).

LEGAL TERMS. The following is a list of the most important legal terms commonly employed in the United States and Canada. As it would be impossible to give anything like a complete list of such terms within any reasonably brief space there being, in number, several thousand of them,care has been taken to select only those which are most frequently used, and, in each case, as far as possible, to specify in what particular branch of law they are applied whether in civil law, criminal law, pleadings or elsewhere:

ABALIENATION. In civil law, the act of transferring a title in real or personal property from one person to another.

ABANDONMENT. (a) The act of voluntarily leaving a person to whom one is bound by ties of obligation, as husband, wife, etc.; (b) the relinquishment of one's rights in a possession or claim.

ABATOR. (a) One who, without legal right, enters a freehold upon the death of its possessor, and before the heir or devisee; (b) a person who removes a nuisance. ABETMENT. In criminal law, the act of encouraging, counselling or inciting a felony.

ABEYANCE.-A state of uncertainty or of expectation. ABJUDICATION.- In civil law, the act of divesting a debtor of his real estate for the benefit of his creditors by means of judicial decree.

ABJURATION. The negative part of the oath of allegiance by the taking of which foreigners desiring to become citizens of the United States solemnly abjure their allegiance to the former sovereign.

ABLE. In civil law, having the necessary qualifications; fit. ABOLITION. A suppression of proceedings, or permission to stay further prosecution.

ABROGATION. A term denoting the annulment of a law by the act of legislature or by usage.

ABSENTEE. One who is not within the jurisdiction of a particular court.

ABSOLUTE ESTATE. An estate the right in which has been determined so unconditionally that the owner is deemed qualified to take immediate and unlimited possession. ABSOLUTION. In civil law, a formal sentence or decree declaring a person to be innocent of the crime with which he has been charged.

ABSQUE HOC.-A term used in law in the denial of some matter of fact that has been alleged and is repeated. ABSQUE TALI CAUSA.- A term used in law to denote "without such cause."

ABS. RE. An abbreviation of the Latin phase "absente reo," used in law to indicate the absence of the defendant. ABUSE OF DISTRESS. Such use of an animal or chattel distrained that the distrainer lays himself liable to prosecution for misappropriation.

ABUSE OF POWERS.-Used (a) in civil law to denote the act of resorting to intentional irregularity in order to gain a legal advantage over one's opponent; (b) in criminal law to denote a use of legal processes for illegal purposes, as when a criminal complaint is made merely for the purpose of coercing the payment of a debt, or when valuable property is sold on execution to satisfy a very small debt. ACCEPTILATION.- In civil law, a release made by a creditor to a debtor without consideration and when the debt has not been paid.

ACCOMPLICE. In criminal law, any participator in an offense, either before or after its commission.

ACCRUE. In civil and criminal law, to become an enforceable right, as the statute of limitation, which accrues by lapse of time.

ACCUMULATIVE JUDGMENT.-A second judgment, which does not begin to exercise its effect until after the first judgment has expired. ACQUIESCENCE.-(a) Used in Canadian law as a synonym for "free consent"; (b) a term used to denote any neglect to take legal proceedings that might naturally imply consent to the matter in hand.

ACT IN PAIS.-A term denoting an official act that has been performed out of court and has not been recorded. ACTS OF COURT.-See LAW, Legal Acts. ACUERDO.- A formal decision or decree of a qualified court. AC ETIAM.-A term used to denote the introduction to the statement of the real cause of action in a case where it was necessary to allege a fictitious cause of action. ADDRESS. In equity pleading, the technical introduction in a bill of the court in which a remedy has been sought. ADEMPTION.-The annulment of a grant or the lapse of a legacy by the testator, either by satisfying it or by manifesting an intention to revoke it.

ADJUDICATION. (a) The formal judgment of a court; (b) a decree in which the court declares an ascertained fact to be such, as in cases of bankruptcy. ADJUDICATION, FORMER.-A prion decision in a case between the same parties employed to bar any subsequent litigation covering the same or similar points in dispute. ADJUNCTION.-The act of affixing one person's property to that of another, as when one erects a building upon another's land, etc.

ADMEASUREMENT.- A term used to denote the act of ascertaining and laying off the portion due, as in cases of the settlement of an estate, the adjustment of damages, or of dower right. Sometimes known as admensuration. ADMINICLE.-Synonymous for corroboratory evidence. ADMITTANCE.-In civil law, the act of giving possession of a copyhold estate.

ADPROMISSOR.- Synonymous for security, or bail. AD QUOD DAMNUM. (a) A term used to designate a writ issued commanding an inquiry as to the damage liable to result from the opening of a highway, or the institution of other public improvement; (b) the order under which the compensation for damage is paid when private property has been seized for public uses. ADVOWSON.-The right of presentation to a vacant benefice (q. v.). AFFEERMENT.-A term used to denote the assessment of a pecuniary penalty according to the circumstances of the AFFILIATION. Used to denote the act of determining the paternity of a child, that the obligation for its proper maintenance may be judicially fixed.

case.

AFFIRMANCE. The confirmation by a higher court of the findings of a lower court.

AFFIRMATIVE.-A term used in judicial proceedings to designate the side upon which the burden of proof must fall.

AIDING AND ABETTING. In criminal law, a term used to denote the act of a person who, while not directly responsible for the commission of a felony, has supported, sustained and rendered aid to its perpetrators. ALEATORY CONTRACT. A term used in civil law to denote that this document, is a contract, the fulfilment of the conditions of which depends upon a contingent event. ALLOWANCE. A term used in law to denote an extra sum awarded in addition to regular costs.

AMBIDEXTERITY.-A term applied to the act of a juror who takes money from both parties to a suit and who promises to render his verdict in favor of each of them. AMBULATORY.-A term used in civil law to denote that a thing is capable of being altered; thus, the return of a sheriff is ambulatory until it has become a matter of record.

AMERCEMENT.- Synonymous with affeerment. AMICABLE ACTION.- A term used in law to denote that the action at issue has been commenced and is being prosecuted by mutual consent of both parties to the proceedings, in order that they may obtain the decision of the court on the matter as a question of law.

AMORTIZATION.

The conveyance of property to a corpora

tion. ANCESTOR.- In law, one who has preceded another in the possession of an inheritance, whether he be a progenitor or a collateral relative. ANCILLARY LETTERS OF ADMINISTRATION. In law, the term "ancillary" denotes that the administration is a local and subordinate one, covering such part of the assets of a decedent as are not only without his domicile but which the law requires should be collected and applied to the satisfaction of the claims of creditors, the surplus being remitted to the principal administrator. ANNULMENT. A judicial act making void retrospectively as well as prospectively, as in the annulment of a marriage. ANTECESSOR.Synonymous for an ancestor.

APPELLANT. The person appealing, or removing a cause from the lower to the higher court.

APPENDANT. Any right or privilege that may pass with an inheritance.

APPLICATION.- In civil law, the appropriation of a debtor's assets among several creditors when the payment is insufficient to meet all obligations in full.

APPOINTMENT.-The designation, by a person having the right to do so, of a beneficiary to take the use of an estate created under a previous will or deed. APPROVER. In criminal law, one who turns state's evidence by confessing his part in a felony and giving evidence against all his accomplices in the commission of the crime. ARM. In law an arm is any object that a man may take in hand while in anger with the intention of assaulting another.

ARRAY. (a) The act of empanelling a jury; (b) the jury itself.

ASPORTATION.- Used in criminal law to denote the felonious removal of goods from one place to another.

ASSAY. The examination of weights and measures by the legal standard.

ATTEMPT. An "attempt," to be a crime in law, must be an act done in part execution of the design to commit the felony; the mere preparation, without an effort at commission, not being a criminal offense.

ATTENDANT. In civil law, a person who owes a service to another.

ATTENTATE. (a) A question improperly attempted by an inferior judge; (b) something done after an extra-judicial appeal.

ATTORN.- In civil law, to acknowledge tenancy under a person who was not the original landlord but who has since claimed to have become such.

AUTHENTIC. Designating an action which has been executed with all respect to the formalities of law, performed by the proper persons and attested before the proper authorities. An "authentic act" in civil law is a deed that has been properly performed and attested before a proper magistrate,

AVER. (a) To allege as a fact; (b) to offer in evidence. AVOIDANCE, PLEA IN.-A plea in which the defendant, without denying the plaintiff's allegation, introduces some new facts in the hope of evading its effect.

BEQUEST. Personal property left to a person by will. BILL IN EQUITY. The pleading in an equity suit in which the plaintiff explains the circumstances upon which he bases his prayer for relief.

BILL OF EXCEPTIONS. In common-law practice, a document drawn after a trial by the unsuccessful party in which he presents all the rulings complained of as errors at the time of trial, and all the exceptions taken thereto, in order that they may be considered by the court to which he has appealed. See BILL.

BILL OF PARTICULARS. A document in which the particulars of the matter at issue are set forth in detail. BONA FIDE. In law, designating an act done without fraudulent intent. Thus, a "bona-fide purchaser" is a person who has purchased something for the price asked and without notice of an adverse claim; a "bona-fide possessor" is one who possesses something without the knowledge that there are others who have a better right in its title.

BRIEF. (a) A systematically arranged and concisely expressed, but formal, memorandum of the points of law or of fact that are to be brought out in argument or developed in the examination of witnesses at the trial; (b) a writ summoning the person upon whom it is served to answer to the action.

BURDEN OF PROOF.- A term used to denote the obligation which rests upon one of the parties to a legal action to produce sufficient evidence to establish the fact that he' has alleged in his complaint under penalty of having judgment entered against him, and this burden is not shifted until the party upon whom it has first rested has submitted sufficient evidence to turn the presumption in his favor.

CAPIAS. In civil law, a writ directing that the person of the defendant be taken into custody. The most common kind of writs of capias are (1) the "capias ad respondendum," under which the body is taken to answer before judgment has been declared; and (2) the "capias ad satisfaciendum," which designates that the body execution was taken after judgment had been entered...

CAPTION. A document or part of a document setting forth the time and place that an action at law has been taken, with the court of authority before which it was performed. and such other particulars as might be required to render it valid, all of which information must have been written upon or attached to the paper to which it relates. CARRIAGE. A term used in equity practice to designate the party to whom the right of going forward with the proceedings has been entrusted.

CASE. The term applied to any suit, or action in court." CAUSE.-A legal proceeding calling for judicial decision. CAUSE OF ACTION. The condition of facts which entitles one party to bring action against another.

CAUSE TO SHOW.-A term usually applied to denote an order from the court commanding a person to present a reason for some action, as why he should not be punished for contempt of court, etc.

CESSER. (1) A term denoting that a person has neglected to perform the service or make the payment ordered by the court for two years; (2) a cessation, as of liability. CESSION. The voluntary surrender of a debtor's assets to satisfy his creditors. Also termed "cessio bonorum." CHARGE. An address delivered by a judge at the conclusion of a trial in which he instructs the jury in relation to the points of law, the weight of evidence, etc.

CHARGING PART. In a bill of equity, that part in which the plaintiff alleges other and anticipatory evidence, or introduces matter to which he wishes the defendant's

answer.

CHEAT. A fraud committed by imposition, Such an act is punishable by law: (1) when it deprives another of his property, even when it is not great enough to amount to a felony; and (2) when it is accomplished by some method other than that of mere words, as in the use of false weights or measures or in the substitution of worthless articles for those of real value.

CLAIMANT. (a) One who brings suit to obtain something which he demands as his right; (b) in admiralty proceedings, this term is applied to the person who is permitted to defend an action "in rem" brought against certain goods in which he claims property right.

CLAIM NOTICE.-A term used in mining law to denote that a miner has posted a notification of his intended occupancy upon a piece of public land.

CLAUSE.- (a) A term used to denote a collocation of words which might be removed from the instrument without affecting its intelligibility; (b) used to specify a distinct proviso, as a clause in a contract. The term "assumption clause" denotes a stipulation frequently inserted in a deed to property upon which there is a mortgage or other incumbrance, that, under its operation, the payment of said debt may be assumed by the grantee to the exoneration of the original debtor. The "Enacting Clause" is the leading declaration of a statute, which usually begins "Be it enacted," etc. An "Interpretation Clause" defines the meaning and limitations of words used in an act, while the "Saving Clause" is that which exempts something which might otherwise be included in the operation of the instrument or statute.

CÓDICIL An instrument containing anything which a testator might wish to add, revoke or explain in relation to his will. Although supplementary to the will itself it is actually a part of it. See WILL.

COGNIZANCE. (a) A plea admitting the facts as alleged in the declaration; (b) in actions for replevin, a plea that the defendant holds the goods in question contrary to his right; (c) the action of a court in taking authoritative notice of a cause.

COLLATERAL ANCESTORS.-A term used in civil law to denote relatives, or antecessors who are not progenitors. COLLATERAL FACTS.- Facts considered foreign to the matter at issue.

COLLATERAL ISSUE. Something outside of the main question at issue.

COLLATERAL PROCEEDINGS.- Proceedings brought, not for the direct purpose of impeaching the prior proceedings, but as a fresh action, as opposed to a "direct" action. COLLATERAL SECURITY. Additional security. COLLATERAL TESTIMONY.- Confirmatory testimony. COLLATION. A term used in civil law to indicate that former advancements of a decedent's property have been returned in order that the estate may be equitably divided among all the heirs.

COLLOCATION. The allotment among creditors of the proceeds of a judicial sale that has been made to satisfy their claims.

COLLUSION. - A term used in law to denote a private, or secret, understanding by which two or more parties agree to act as though at variance with one another in order that they may prejudice those who are not a party to their secret and so obtain a remedy to which they are not legally entitled.

COMITY OF NATIONS.- A term used in international law to define that spirit of courtesy which causes one nation to recognize the laws and institutions of another in such a manner as to permit them to take effect within its own. territory.

COMMERCIAL LAW. The term by which the laws relating to commerce are known. These include all laws regarding