LLOYD'S BONDS. These are acknowledgments by a borrowing company under its seal of a debt incurred and actually due by the company to a contractor or other person for work done, goods supplied, or otherwise, as the case may be, with a covenant for payment of the principal and interest at a future time. These are valid securities, if issued bona fide, and not a mere device for evading the provisions of the Acts regard ng companies forbidding them to borrow money, unless in re-payment of the existing debt of the company. See Godefroi and Shortt, 39.

LOCAL ACT OF PARLIAMENT. Such an Act as has for its object the interest of some particular locality; as the formation of a road, the alteration of the course of a river, the formation of a public market in See 1 M. & W. a particular district, &c. 520.

LOCAL ACTION. An action is termed local when all the principal facts on which it is founded are of a local nature, as where possession of land is to be recovered, or damages for an actual trespass, or for waste affecting land, or for any other kind of injury affecting real property, because in such a case the cause of action relates to some particular locality, which usually also constitutes the venue of the action. under the Judicature Act, 1873, there is to be no local venue for the trial of any action (Sch. r. 28).

But

See also titles TRANSITORY ACTION;
VENUE.

LOCUS IN QUO. The place in which the cause of action arose, or where anything is alleged to have been done, in pleadings is so called (1 Salk. 94). The phrase is almost peculiar to actions of trespass quare clausum.fregit.

LODGER: See title ELECTORAL FRAN

CHISE.

LODGING-HOUSES. The keeper of a lodging-house is not liable (as an innkeeper) for the loss of the goods brought by a lodger to her house, provided she be not guilty of a positive misfeasance. Holder V. Soulby, 8 C. B. (N.S.) 254.

LODGINGS. A person who lets lodgings impliedly warrants that they are

LODGINGS-continued.

reasonally fit for habitation (Smith v. Marable, 11 M. & W. 5). Since the stat. 34 & 35 Vict. c. 79, a lodger's goods cannot be distrained for the rent owing from his landlady to the superior landlord. A contract for mere lodgings is always determinable upon notice by either party to the other, a week's notice being that usually given in the absence of any special agreement; and this rule is not altered although the rent should not be paid by the week, but by longer periods. Right v. Darby, 1 T. R. 159.

This

LONG PARLIAMENT, ACTS OF. Parliament assembled in 1640-1, and was never formally dissolved. The stat 4 Edw. 3, c. 14, had enacted that Parliament should meet every year or oftener if need were; but this Act, which had been little regarded by any sovereign, was most egregiously disregarded by Charles I. Accordingly, the Long Parliament now enacted its famous Triennial Bill, providing that Parliament, if not actually then sitting, should be ipso facto dissolved at the expiration of three years from the first day of its session, and the chancellor was to issue new writs within three years from the dissolution; and in case no such writs were issued within that time, the peers were to assemble of themselves at Westminster and to issue writs to the sheriffs requiring them to summon representatives of the Commons; and in case the Peers failed to do so, the sheriff's of their own accord, or (in their default) the electors themselves, were to proceed to the new elections. This Triennial Act was repealed upon the restoration of Charles II., and is to be distinguished from the Triennial Act so called par éminence (6 W. & M. c. 2).

The other legislative Acts of the Long Parliament were the following: :

(1.) They annulled the judgment against Hampden in the case of Ship Money, and declared ship-money and also the taxes of Charles I. on foreign merchandise illegal; (2.) They abolished the Court of Star Chamber; also, the Court of High Commission; also, the Court of the President and Council of the North; also, the Court of the President and Council of Wales; also, the Courts of the Duchy of Lancaster and of the County Palatine of Chester;

(3.) They declared it illegal to impress his majesty's subjects, or to compel them to go out of the country to serve in foreign

222

LORD MAYOR. The chief officer of the Corporation of the City of London is so called. The origin of the appellation of Lord," which the Mayor of London enjoys, is attributed to the fourth charter of Edward III., which conferred on that officer the honour of having maces, the same as royal, carried before him by the serjeants. He is annually nominated and elected by the livery from amongst such of the aldermen as have served the office of sheriff. In his character of chief magistrate of the City, the Lord Mayor presides at the Court of Aldermen in the Inner Chamber, the Court of Common Council, and the Court of Common Hall; and as such issues his precept for the holding of any of these courts. He is also nominally President of the Court of Aldermen in the Outer Chamber (or Lord Mayor's Court). He is chairman of every committee which he attends; also of the commissioners of sewers, and has power to summon them to a public meeting whenever he thinks proper (11 Geo. 3, c. 29, s. 6). The corporation provide the Lord Mayor with the Mansion House, which they keep in repair at their own expense, and annually grant a sum of money amounting to nearly £8000, and also provide various officers at their own expense to support the dignity of the office. Pulling's Laws and Customs of the City and Port of London.

This is a

LORD MAYOR'S COURT. Court of Record, of Law and Equity, and is the chief court of justice within the corporation of London. Its legal style is "The Court of our Lady the Queen, holden before the Lord Mayor and Aldermen in the Chamber of the Guildhall of the City of

LORD MAYOR'S COURT-continued. London." In legal consideration and in conformity with the style of the Court, the Lord Mayor and Aldermen are supposed to preside; but the recorder is in fact the acting judge. All persons, as well freemen as non-freemen, not being under any general incapacity which would disable them from suing in the superior Courts at Westminster, may sue in this Court. As a Court of Common Law it has cognizance of all personal and mixed actions arising within the City and liberties. without regard to the amount of the debt or damages sought to be recovered; and if the gist of the action arise within the City, the residence of the plaintiff or defendant therein is immaterial. Emmerson's City Courts; Pulling's Laws and Customs of the City and Port of London, 177, 2nd ed.; Brandon on Foreign Attachments, and Notes of Practice.

See also title ATTACHMENT, FOREIGN. LORDS SPIRITUAL AND TEMPORAL. The lords spiritual compose one of the constituent parts of our Parliament, and consist of two archbishops and twenty-four bishops; and by the Act of Union with Ireland (39 & 40 Geo. 3, c. 67) four Irish lords spiritual, taken from the whole body by rotation of sessions, were added, who ranked next after the spiritual lords of Great Britain; but under the stat. 32 & 33 Vict. c. 42, these Irish lords spiritual have ceased. The lords temporal consist of all the peers of the realm, by whatever title of nobility distinguished, and form another constituent part of our Parliament.

See also title PEERS.

LOT.

LOT AND SCOT-continued. they are entitled to vote. It is said that the practice became uniform to refer to the poor-rate as a register of "scot and lot" voters, so that the term, when employed to define a right of election, meant only the payment by a parishioner of the sum to which he was assessed on the rate. Rog. on Elec. 198, 6th ed.; 1 Dougl. 129.

See also title ELECTORAL FRANCHISE. LOTTERY. Lotteries have been frequently resorted to both by states and by individuals for the purpose of raising money, but they are proscribed by the morality and industry of England. They were declared a nuisance and prohibited by 10 & 11 Will. 3, c. 17; and even foreign lotteries are forbidden by the 6 & 7 Will. 4, c. 66, to be advertised in England. For an instance in which these laws have been put in force see Allport v. Nutt, 1 C. B. 974; and see title WAGERING.

LOUAGE. This is the contract of hiring and letting in French Law, and may be either (1) of things, or (2) of labour. The varieties of each are the following:

(1.) Letting of things,

(a.) Bail à loyer, being the letting of houses;

(b.) Bail à ferme, being the letting of lands;

(2.) Letting of labour,

(a.) Loyer, being the letting of personal service;

(b.) Bail à cheptel, being the letting of animals.

LOYER: See title LOUAGE.

LUNACY is the common legal designation of insanity, or the state of being non compos mentis. The law takes notice of three degrees of lunacy: (1) Lunacy which exempteth in crime; (2) Lunacy which excuseth in contract; and (3) Lunacy which placeth the party and his property under the protection of the Crown.

Criminal lunacy may be either total or partial. And if total, than either natural (dementia naturalis), in which case it is termed idiocy, or accidental (dementia accidentalis), which may be either permanent or intermittent (ie., accompanied with "lucid intervals ") or wilfully brought on by the party himself (dementia affectata), e.g., in the case of drunkenness (see that title). If the lunacy be partial, then the criminal definition of it is that given in R. v. M Naghten (10 Cl. & F. 200), where the judges advised the House of Lords to this effect, that notwithstanding the party did the act complained of with a view, under the influence of insane delusion, of redressing or avenging some supposed grievance or injury, or of producing some

LUNACY-continued.

public benefit, he was nevertheless punishable according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law.

With reference to contract law the rule is, that a lunatic is liable for necessaries, and generally also on contracts executed of which he has had the advantage, notwithstanding they may not be for necessaries at all (Molton v. Camroux, 4 Ex. 17); but that on all other contracts he is not liable at all, not even although at the time of contracting he betrayed no signs of lunacy, and the other contracting party was ignorant thereof.

With reference to the Chancellor and Lords Justices' jurisdiction in lunacy, this jurisdiction extends generally to persons not capable of managing their own affairs, and therefore are properly deemed of unsound mind, non compos mentis. This jurisdiction is now most commonly exercised under the Lunacy Regulation Act, 1853 (16 & 17 Vict. c. 70), or where the property is of small amount, under the Lunacy Regulation Act, 1862 (25 & 26 Vict. c. 86).

M.

MAGNA CHARTA. The great charter of English liberty granted by, or rather extorted from, King John, and afterwards, with some alterations, confirmed in Parliament by Henry III. and Edward I. It was called Magna Charta on account of its great importance, and partly in contradistinction to another charter (Carta de Foresta), which was granted about the same time. The provisions of this charter extend not only to the administration of justice (regulating the various jurisdictions, temporal and ecclesiastical), but also to the personal liberty of the subject, the limits of taxation of his property, the rights of foreign merchants within the realm, as well during peace as in times of war, and also the liberties and privileges of the church. It contains also numerous provisions of a purely temporary nature, intended to remedy the prevailing abuses of the times.

MAIDEN ASSIZE. When, at the assizes, no person has been condemned to die it is termed a "maiden assize."

MAIDEN RENTS. A fine paid by the tenants of some manors to the lord for a licence to marry a daughter. Cowel.

MAIHEM, or MAYHEM. The violently depriving another of the use of such of his members as may render him the less able,

MAIHEM, or MAYHEM-continued. in fighting, either to defend himself, or to annoy his adversary: e.g., the cutting off, or disabling, or weakening a man's hand or finger, striking out his eye or foretooth, or depriving him of those parts the loss of which in all animals abates their courage, are considered as mayhems; hence, to do a person such an external injury as merely detracts from his personal appearance is not considered as mayhem, because it does not weaken him, but only disfigures him. 1 Hawk. c. 44.

MAINPRISE (from the Fr. main, hand, and prendre, to take). One of the means of remedying the injury of false imprisonment was by a writ called a writ of mainprise, directed to the sheriff (either generally, when any man was imprisoned for a bailable offence, and bail had been refused: or specially, when the offence or cause of commitment was not properly bailable below), commanding him to take sureties for the prisoner's appearance, usually called mainpernors, and to set him at large. Maiupernors differ from bail, in that a man's bail may imprison or surrender him up before the stipulated day of appearance; whereas mainpernors can do neither, but are simply sureties for his appearance at the day; bail are only sureties that the party be answerable for the special matter for which they stipu late; mainpernors are bound to produce him to answer all charges whatsoever. The word mainprise is used in various ways; thus when a man is committed to those who undertake he shall appear at the appointed day (i.e., to his mainpernors), he is said "to be let to mainprise;" and a man who may be so mainprised or delivered to mainpernors is said to be main pernable. Where an offence was not bailable, the justices were frequently, by Act of Parliament, directed "to commit such offender or offenders to the common gaol of the county, there to remain without bail or mainprise." 43 Eliz. c. 2, s. 4; Dyer, 272 (31); 4 Inst. 179.

See also title BAIL.

MAINTENANCE. This word has various

senses.

(1.) It designates an offence bearing a near relation to barratry, and which consists in officiously intermeddling in a suit that in no way belongs to one, as by maintaining or assisting either party with money, or otherwise taking great pains to assist the plaintiff or defendant in the suit, although having nothing to do with it. Les Termes de la Ley; Findon v. Parker, 11 M. & W. 675.

(2.) In another sense, it denotes the provision made, either by deed or will, or by

MAINTENANCE-continued.

order of the Court of Chancery, for the support and bringing up of children during their minorities. The Court is now able, in a proper case, to make the requisite order on summons, without bill filed.

See title INFANTS.

MALA IN SE (evils in themselves). All things which are evil in themselves are so termed, in contra listinction to those things which are not evil in themselves, but are only forbidden by the laws, and which are therefore called mala prohibita, or forbidden evils, and sometimes mala quia prohibita, to indicate that they are evils by reason of the prohibition only.

MALA PROHIBITA: See title MALA IN SE.

MALICE (malitia). In its legal sense, this word does not simply mean ill-will against a person; but signifies a wrongful act, done intentionally, without just cause or excuse. Thus, if I intentionally and without just cause or excuse gave a perfect stranger a blow likely to produce death, I should, in legal contemplation, do it of malice, because I did it intentionally, and without just cause or excuse. So, if I maim cattle, even without knowing whose they are, I should, in legal construction, do it of malice, because it would be a wrongful act, and be done intentionally, without cause or excuse. See per Bayley, J., in Bromage v. Prosser, 4 B. & C. 255. Malice is regarded under the following varieties of aspect :

(1.) Malice in Law,-being that species of it which is described above; and

(2.) Malice in Fact, which again presents two sub-varieties, viz. :

(a.) Personal malice, i.e.. spite, against
some particular individual; and
(b.) Malice against the world gene-
rally, without reference to any
particular individual, e.g., where
a person throws a bottle of
vitriol over a wall into the public
street or highway, not knowing
or caring who is passing in the
street or on the highway at the
time.

MALICE PREPENSE (from the Latin malitia, malice, and the Fr. penser, to think, and pre, beforehand.) Malice aforethought, ie., deliberate, predetermined malice. 2 Roll. Rep. 461.

MALICIOUS PROSECUTION. A person who has been unjustly prosecuted for any crime, or who has causelessly been made a bankrupt, may bring an action for a malicious prosecution against the prosecutor or the petitioner as the case may be; but for the success of his action, he must

MALICIOUS PROSECUTION-continued. prove two things:-(1.) The fact of malice; and, (2.) The absence of all reasonable or probable cause for the defendant's conduct. The action for a malicious arrest stands on the like footing, but can hardly occur at the present day, imprisonment as well on mesne as on final process having been abolished.

MANDAMUS,

This is either (1) the prerogative writ so called, or (2) the ordinary writ of injunction. The prerogative mandamus is a writ which issues in the king's name out of the Court of King's Bench, commanding the completion or restitution of some right. The power of issuing writs of mandamus is one of the highest and most important branches of the jurisdiction of the Court of King's Bench, and in general belongs exclusively to that Court; and it may be compared to a bill in Equity for a specific performance. It is used principally for public purposes, and to enforce the performance of public rights or duties. A writ of mandamus, however, does operate in affording specific relief, and enforcing some private rights when they are withheld by a public officer, and though principally for the admission or restitution to a public office, yet it extends to other rights of the person or property. A mandamus is not generally granted by the Court, excepting when the party applying for it has no other specific remedy. It issues to compel a removed clerk to deliver up books of a public corporate company, to compel overseers to deliver up parish books to their successors; to compel a lord and steward of a copyhold manor to admit the tenant; it also issues to inferior Courts and judges thereof, and justices of the peace and other public functionaries, to compel them to proceed according to their respective duties. There was also a mandamus formerly much in use which issued to the escheator for the finding of an office after the death of one who had died the king's tenant, and was the same as the writ of diem clausit extremum, excepting that the diem clausit extremum went out within a year after the death, whereas the mandamus did not go out till after the year, and when no diem clausit extremum had previously been sued out, or had been sued out to no effect. 1 Chitt. Gen. Pract. of the Law; Les Termes de la Ley; C. L. P. Act, 1854, ss. 75-77.

The ordinary mandamus is to all intents and purposes an injunction (see that title), and issues under the provisions of the C. L. P. Act, 1854 (ss. 68-74) to compel the defendant in an action to perform any duty, being of a public character, in which the plaintiff has an interest.

MANDATE (mandatum). A contract by which one employs another to act for him in the management of his affairs, or in some particular department of them, of which employment the person accepts and agrees to act. He who so gives the employment is called the mandator, and he who accepts it the mandatarius. The word was also sometimes used to signify a judicial command of the king or any of his justices to have anything done for the benefit and dispatch of justice, and appears to have been somewhat analogous to the writ of mandamus. Cowel.

MANNER AND FORM (Modo et formâ.) Formal words introduced at the conclusion of a traverse; and their object is to put the party whose pleading is traversed, not only to the proof that the matter of fact denied is in its general effect true as alleged, but also that the manner and form in which the fact or facts are set forth are also capable of proof. Thus in an action of assumpsit, where the plaintiff'sets out an agreement in his declaration, as the foundation of the defendant's promise, and the defendant pleads generally that he did not promise in manner and form as alleged, he may, under the issue so raised, take advantage of any material variance between the contract so set out and that which, upon the trial, is proved to have been the actual contract between the parties, It may be as well, however, to remark, that when a traverse is pointed to one amongst several independent allegations, it simply puts in issue the substance of that allegation notwithstanding the words modo et formâ. So in the common action of debt for goods sold and delivered, when the defendant pleads that he never was indebted in manner and form as alleged, this traverse does not put in issue the formal accuracy of the plaintiff's statement, but the very substance of the plaintiff's declaration, viz., whether or not the defendant was ever indebted to the plaintiff in respect of the cause of action alleged. See Steph. Pl. 214, 215, 4th ed.; Neale & M'Kenzie, 2 Cr. M. & R. 67; 1 Ch. Pl. 513.

MANOR (manerium.) A manor seems to have been a district of ground held by great personages. It is compounded of various things, as of a mansion-house, arable land, pasture, meadow, wood, rent, advowson, court baron, and such like. A manor, to be such, must have continued from time immemorial; for at the present day, or since the stat. Quia Emptores

Q