V.
VACANCY. A place which is empty. The term is principally applied to cases where an office is not filled.
2. By the constitution of the United States, the president has the power to fill up vacancies that may happen during the recess of the senate. Whether the president can create an office and fill it during the recess of the senate, seems to have been much questioned. Story, Const. Sec. 1553. See Serg. Const. Law, ch. 31; 1 Breese, R. 70.
VACANT POSSESSION, estates. An estate which has been abandoned by the tenant; the abandonment must be complete in order to make the possession vacant, and therefore if the tenant have goods on the premises, it will not be so considered. 2 Chit. Rep. 17 7; 2 Str. 1064; Bull. N. P. 97; Comyn on Landl. & Ten. 507, 517.
VACANT SUCCESSION. An inheritance for which the heirs are unknown.
VACANTIA, BONA, civil law. Goods without an owner. Such goods escheat.
TO VACATE. To annul, to render an act void; as to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise.
VACATION. That period of time between the end of one term and beginning of another. During vacation, rules and orders are made in such cases as are urgent, by a judge at his chambers.
VACCARIA, old Eng. law. A word which is derived from vacca, a cow, and signifies a dairy-house. Co. Litt. 5 b.
VADIUM, contracts. A pledge, or surety.
VADIUM MORTUUM, contracts. A mortgage or dead-pledge; it is a security given by the borrower of a sum of money, by which he grants to the lender an estate in fee, on condition that if the money be not repaid at the time appointed, the estate so put in pledge shall continue to the lender as dead or gone from the mortgagor. 2 Bl. Com. 257; 1 Pow. Mortg. 4.
VADIUM VIVUM, contracts. A species of security by which the borrower of a sum of money, made over his estate to the lender, until he had received that sum out of the issues and profits of the land; it was so called because neither the money nor the lands were lost, and were not left in lead pledge, but this was a living pledge, for the profits of the land were constantly paying off the debt. Litt. sect. 206; 1 Pow. on Mort. 3; Termes de la Ley, h.t.
VAGABOND. One who wanders about idly, who has no certain dwelling. The ordinances of the French define a vagabond almost in the same terms. Dalloz, Dict. Vagabondage. See Vattel, liv. 1, Sec. 219, n.
VAGRANT. Generally by the word vagrant is understood a person who lives idly without any settled home; but this definition is much enlarged by some statutes, and it includes those who refuse to work, or go about begging. See 1 Wils. R. 331; 5 East, R. 339: 8 T. R. 26.
VAGUENESS. Uncertainty.
2. Certainty is required in contracts, wills, pleadings,
judgments, and indeed in all the acts on which courts have to
give a judgment, and if they be vague, so as not to be
understood, they are in general invalid. 5 B. & C. 583; 1
Russ. & M. 116 1 Ch. Pract. 123. A charge of "frequent
intemperance" and "habitual indolence" are vague and too general.
2 Mart. Lo. Rep. N. S. 530. See Certainty; Nonsense;
Uncertainty.
VALID. An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law.
VALUABLE CONSIDERATION, contracts. An equivalent for a thing purchased. Vide Vin. Ab. Consideration, B; 2 Bl. Com. 297; Consideration.
VALUATION. The act of ascertaining the worth of a thing; or it
is the estimated worth of a thing.
2. It differs from price, which does not always afford a true
criterion of value, for a thing may be bought very dear or very
cheap. In some contracts, as in the case of bailments or
insurances, the thing bailed or insured is sometimes valued at
the time of making the contract, so that if lost, no dispute may
arise as to the amount of the loss. 2 Marsh. Ins. 620; 1 Caines,
80; 2 Caines 30; Story, Bailm. Sec. 253, 4; Park Ins. 98; Wesk.
Ins. h.t.; Stev. on Av. part 2; Ben. on Ins. ch. 4.
VALUE, common law. This term has two different meanings. It
sometimes expresses the utility of an object, and some times the
power of purchasing other good with it. The first may be called
value in use, the latter value in exchange.
2. Value differs from price. The latter is applied to live
cattle and animals; in a declaration, therefore, for taking
cattle, they ought to be said to be of such a price; and in a
declaration for taking dead chattels or those which never had
life, it ought to lay them to be of such a value. 2 Lilly's Ab.
620.
VALUE RECEIVED. This phrase is usually employed in a bill of
exchange or promissory note, to denote that a consideration has
been given for it.
2. The expression value received, when put in a bill of
exchange, will bear two interpretations: the drawer of the bill
may be presumed to acknowledge the fact that he has received
value of the payee; 3 M. & S. 351; or when the bill has been
made payable to the order of the drawer, it implies that value
has been received by the acceptor. 5 M. & S. 65. In a
promissory note, the expression imports value received from the
payee. 5 B. & C. 360.
VALUED POLICY. A valued policy is one where the value has been set on the ship or goods insured, and this value has been inserted in the policy in the nature of liquidated damages, to save the necessity of proving it in case of loss. 1 Bouv. Inst. n. 1230.
VARIANCE, pleading, evidence. A disagreement or difference
between two parts of the same legal proceeding, which ought to
agree together. Variances are between the writ and the
declaration, and between the declaration and the evidence.
2.-1. When the variance is a matter of substance, as if the writ
sounds in contract, and the other in tort, and e converso, or if
the writ demands one thing or subject, and the declaration
another, advantage may be taken of it, even in arrest of
judgment; for it is the writ which gives authority to the court
to proceed in any given suit, and, therefore, the court can have
no authority to hear and determine a cause substantially
different from that in the writ. Hob. 279; Cro. Eliz. 722. But if
the variance is in matter of mere form, as in time or place, when
that circumstance is immaterial, advantage can only be taken of
it by plea in abatement. Yelv. 120; Latch. 173; Bac. Ab.
Abatement, I; Gould, Pl. c. 5, Sec. 98 1 Chit. Pl. 438.
3.-2. A variance by disagreement in some particular point or
points only between the allegation and the evidence, when upon a
material point, is as fatal to the party on whom the proof lies,
as a total failure of evidence. For example; the plaintiff
declared in covenant for not repairing, pursuant to the covenant
in a lease, and stated the covenant, as a covenant to "repair
when and as need should require;" and issue was joined on a
traverse of the deed alleged. The plaintiff at the trial produced
the deed in proof, and it appeared that the covenant was to
"repair when and as need should require, and at farthest after
notice:" the latter words having been omitted in the declaration.
This was held to be a variance, because the additional words were
material, and qualified the effect of the contract. 7 Taunt. 385.
But a variance in mere form or in matter quite immaterial, will
not be regarded. Str. 690. Vide 1 Vin. Ab. 41; 12 Vin. Ab. 63; 21
Vin. Ab. 538 Com. Dig. Abatement, G 8, H 7; Id.; Amendment, D 7,
8, V 3: Bail, R 7; Obligation, B 4; Pleader, C 14, 15, L 24, 30;
Record, C, D, F; Phil. Ev. Index, 11. t. Stark. Ev. Index, h.t.,
Roscoe's Ev. Index, h.t.; 18 E. C. L. R. 139, 149, 153 1 Dougl.
194; 2 Salk. 659; Harr. Dig. h.t. Chit. Pl. Index, h.t.; United
States Dig. Pleading II, d and e; Bouv. Inst. Index: h.t.
VASSAL, feudal law. This was the name given to the holder of a
fief, bound to perform feudal service; this word was then always
correlative to that of lord, entitled to such service.
2. The vassal himself might be lord of some other vassal.
3. In aftertimes, this word was used to signify a species of
slave who owed servitude, and was in a state of dependency on a
superior lord. 2 Bl. Com. 53; Merl. Repert. h.t.
VECTIGALIA. Among the Romans this word signified duties which were paid to the prince for the importation and exportation of certain merchandise. They differed from tribute, which was a tax paid by each individual. Code, 4, 61, 5 and 13.
VEJOURS. An obsolete word, which signified viewers or experts. (q.v.)
VENAL. Something that is bought. The term is generally applied in a bad sense; as, a venal office is an office which has been purchased.
VENDEE, contr. A purchaser; (q.v.) a buyer.
VENDITION. A sale; the act of selling.
VENDITIONI EXPONAS, practice. That you expose to sale. The
name of a writ of execution, directed to the sheriff, commanding
him to sell goods or chattels, and in some states, lands, which
he has taken in execution by virtue of a fieri facias, and which
remain unsold.
2. Under this writ the sheriff is bound to sell the property in
his hands, and he cannot return a second time, that he can get no
buyers. Cowp. 406; and see 2 Saund. 47, 1. 2 Chit. Rep. 390; Com.
Dig. Execution, C 8; Grab. Pr. 359; 8 Bouv. Inst. n. 3395.
VENDOR, contracts. A seller. (q.v.) One who disposes of a thing in consideration of money. Vide Purchaser; Seller.
VENIRE FACIAS, practice, crim. law. According to the English law, the proper process to be issued on an indictment for any petit misdemeanor, on a penal statute, is a writ called venire facias. 2. It is in the nature of a summons to cause the party to appear. 4 Bl. Com. 18 1 Chit. Cr. Law, 351.
VENIRE, OR VENIRE PACIAS JURATORES, practice. The name of a writ directed to the sheriff commanding him to cause to come from the body of the county before the court from which it issued, on some day certain and therein specified, a certain number of qualified citizens who are to act as jurors in the said court. Steph. Pl. 104; 2 Graydon's Forms, 314; and see 6 Serg. & Rawle, 414; 21 Vin. Ab. 291; Com. Dig. Enquest, C 1, &c.; Id. Pleader, 2 S 12, 3 0 20; Id. Process, D 8; 3 Chit. Pr. 797.
VENIRE FACIAS DE NOVO, practice. The name of a new writ of
venire facias; this is awarded when, by reason of some
irregularity or defect in the proceeding on the first venire, or
the trial, the proper effect of that which has been frustrated,
or the verdict become void in law: as, for example, when the jury
has been improperly chosen, or an uncertain, ambiguous or
defective verdict has been rendered. Steph. Pl. 120 21 Vin. Ab.
466 1 Sell. Pr. 495.
VENTE A REMERE. A term used in Louisiana, which signifies a sale
made reserving a right to the seller to repurchase the property
gold by returning the price paid for it.
2. The time during which a repurchase may be made cannot exceed
ten years, and if by the agreement it so exceed, it shall be
reduced to ten years. The time fixed for redemption must be
strictly adhered to and cannot be enlarged by the judge, nor
exercised afterwards. Code 1545-1549.
3. The following is an instance, of a vente a remere. A sells to
B, for the purpose of securing B against endorsement, with a
clause that "whenever A should relieve B from such endorsements,
without B's, having recourse on the land, then B would reconvey
the same to A, for A's own use." This is a vente a remere, and
until A releases B from his endorsements, the property is B's,
and forms no part of A's estate. 7 N. S. 278. See 1 N. S. 528; 3
L. R. 153; 4 L. R. 142; Troplong, Vente, ch. 6; 6 Toull. p.
257.
VENTER or VENTRE. Signifies literally the belly. In law it is
used figuratively for the wife: for example, a man has three
children by the first, and one by the second venter.
2. A child is said to be in ventre sa mere before it is born;
while it is a foetus.
VENTER INSPICIENDO, Eng. law. A writ directed to the sheriff, commanding him that, in the presence of twelve men, and as many women, he cause examination to be made, whether a woman therein named is with child or not; and if with child, then about what time it will be born; and that he certify the same. It is granted in a case when a widow, whose husband had lands in fee simple, marries again soon after her husband's death, and declares herself pregnant by her first husband and, under that pretext, withholds the lands from the next heir. Cro. Eliz. 506; Fleta, lib. 1, c, 15.
VENUE, pleading. The venue is the county from which the jury
are to come, who are to try the issue. Gould, Pl. c. 3, Sec. 102;
Archb. Civ. Pl. 86.
2. As it is a general rule, that the place of every traversable
fact stated in the pleadings must be distinctly alleged, or at
least that some certain place must be alleged for every such
fact, it follows that a venue must be stated in every
declaration.
3. In local actions, in which the subject or thing to be
recovered is local, the true venue must be laid; that is, the
action must be brought in that county where the cause of action
arose: among these are all real actions, and actions which arise
out of some local subject, or the violation of some local rights
or interest; as the common law action of waste, trespass quare
clausum fregit, trespass for nuisances to houses or lands
disturbance of right of way, obstruction or diversion of ancient
water courses, &c. Com. Dig. Action, N 4; Bac. Abr. Actions
Local, A a.
4. In a transitory action, the plaintiff may lay the venue in
any county he pleases; that is, he may bring suit wherever he may
find the defendant and lay his cause of action to have arisen
there even though the cause of action arose in a foreign
jurisdiction. Cowp. 161; Cro. Car. 444; 9 Johns. R. 67; Steph.
Pl. 306; 1 Chitty, Pl. 273; Archb. Civ. Pl. 86. Vide, generally,
Chit. Pl. Index, h.t.; Steph. Pl. Index, h.t.; Tidd's Pr. Index,
h.t.; Graham's Practice, Index, h.t.; Com. Dig. Abatement, H 13;
Id. Action, N 13; Id. Amendment, H 1 Id. Pleader, S 9; 21 Vin.
Ab. 85 to 169 1 Vern. 178; Yelv. 12 a; Bac. Ab. Actions, Local
and Transitory, B; Local Actions; Transitory Actions.
VERAY. This is an ancient manner of spelling urai, true.
2. In the English law, there are three kinds of tenants: 1.
Veray, or true tenant, who is one who holds in fee simple. 2.
Tenant by the manner, (q.v.) who is one who has a less estate
than a fee which remains in the reversioner. 3. Veray tenant by
the manner, who is the same as tenant by the manner, with this
difference only, that the fee simple, instead of remaining in the
lord, is given by him or by the law to another. Hamm. N. P.
394.
VERAY TENANT, or TRUE TENANT, Eng. law. One who holds a fee
simple; in pleadings, he is called simply tenant. He differs from
a tenant by the manner in this, that the latter holds a less
estate than a fee which remains in the reversioner.
2. A veray tenant by the manner is the same as tenant by the
manner, with this difference only, that the fee simple, instead
of remaining in the land, is given by him or by the law, to
another. Ham. N. P. 394.
VERBAL. Parol; by word of mouth; as verbal agreement; verbal evidence. Not in writing.
VERBAL NOTE. In diplomatic language, memorandum or note not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance of an urgency, which, perhaps, the affair does not require; and, on the other hand, not to afford any ground for supposing that it is forgotten, or that there is no intention of not prosecuting it any further, is called a verbal note.
VERBAL PROCESS. In Louisiana, by this term is understood a written account of any proceeding or operation required by law, signed by the person commissioned to perform the duty, and attested by the signature of witnesses. Vide Proces Verbal.
VERDICT, Practice. The unanimous decision made by a jury and
reported to the court on the matters lawfully submitted to them
in the course of the trial of a cause.
2. Verdicts are of several kinds, namely, privy and public,
general, partial, and special.
3. A privy verdict is one delivered privily to a judge out of
court. A verdict of this kind is delivered to the judge after the
jury have agreed, for the convenience of the jury, who after
having given it, separate. This verdict is of no force whatever;
and this practice being exceedingly liable to abuse, is seldom if
ever allowed in the United States.
4. A public verdict is one delivered in open court. This verdict
has its full effect, and unless set aside is conclusive on the
facts, and when judgment is rendered upon it, bars all future
controversy in personal actions. A private verdict must
afterwards be given publicly in order to give it any
effect.
5. A general verdict is one by which the jury pronounce at the
same time on the fact and the law, either in favor of the
plaintiff or defendant. Co. Lit. 228; 4 Bl. Com. 461; Code of
Prac. of Lo. art. 519. The jury may find such a verdict whenever
they think fit to do so.
6. A partial verdict in a criminal case is one by which the jury
acquit the defendant of a part of the accusation against him, and
find him guilty of the residue: the following are examples of
this kind of a verdict, namely: when they acquit the defendant on
one count and find him guilty on another, which is indeed a
species of general verdict, as he is generally acquitted on one
charge, and generally convicted on another; when the charge is of
an offence of a higher, and includes one of an inferior degree,
the jury may convict of the less atrocious by finding a partial
verdict. Thus, upon an indictment for burglary, the defendant may
be convicted of larceny, and acquitted of the nocturnal entry;
upon an indictment for murder, he may be convicted of
manslaughter; robbery may be softened to simple larceny; a
battery, into a common assault. 1 Chit. Cr. Law, 638, and the
cases there cited.
7. A special verdict is one by which the facts of the case are
put on the record, and the law is submitted to the judges. Lit.
Sel. Cas. 376; Breese, 176; 4 Rand. 504; 1 Hen. & Munf. 235;
1 Wash. C. C. 499; 2 Mason, 31. The jury have an option, instead
of finding the negative or affirmative of the issue, as in a
general verdict, to find all the facts of the case as disclosed
by the evidence before them, and, after so setting them forth, to
conclude to the following effect: "that they are ignorant, in
point of law, on which side they ought upon those facts to find
the issue; that if upon the whole matter the court shall be of
opinion that the issue is proved for the plaintiff, they find for
the plaintiff accordingly, and assess the damages at such a sum,
&c.; but if the court are of an opposite opinion, then they
find vice versa." This form of finding is called a special
verdict. In practice they have nothing to do with the formal
preparation of the special verdict. When it is agreed that a
verdict of that kind is to be given, the jury merely declare
their opinion as to any fact remaining in doubt, and then the
verdict is adjusted without their further interference. It is
settled, under the correction of the judge, by the counsel and,
attorneys on either, side, according to the state of the facts as
found by the jury, with respect to all particulars on which they
have delivered an opinion, and, with respect to other
particulars, according to the state of facts, which it is agreed,
that they ought to find upon the evidence before them. The
special verdict, when its form is thus settled is, together with
the whole proceedings on the trial, then entered on record; and
the question of law, arising on the facts found, is argued before
the court in bank, and decided by that court as in case of a
demurrer. If either party be dissatisfied with their decision, he
may afterwards resort to a court of error. Steph. Pl. 113; 1
Archb. Pr. 189; 3 Bl. Com. 377; Bac. Abr. Verdict, D, E.
8. There is another method of finding a special verdict this is
when the jury find a verdict generally for the plaintiff, but
subject nevertheless to the opinion of the judges or the court
above on a special case stated by the counsel on both sides with
regard to a matter of law. 3 Bl. Com. 378; and see 10 Mass. R.
64; 11 Mass. R. 358. See, generally, Bouv. Inst. Index, h.t..
VERIFICATION, pleading. Whenever new matter is introduced on
either side, the plea must conclude with a verification or
averment, in order that the other party may have an opportunity
of answering it. Carth. 337; 1 Lutw. 201; 2 Wils. 66; Dougl. 60;
2 T. R. 576; 1 Saund, 103, n. 1; Com. Dig. Pleader, E.
2. The usual verification of a plea containing matter of fact,
is in these words, "And this he is ready to verify," &c. See
1 Chit. Pl. 537, 616; Lawes, Civ. Pl. 144; 1 Saund, 103, n. 1;
Willes, R. 5; 3 Bl. Com. 309.
3. In one instance however, new matter need not conclude with a
verification and then the pleader may pray judgment without it;
for example, when the matter pleaded is merely negative. Willes,
R. 5; Lawes on Pl. 145. The reason of it is evident, a negative
requires no proof; and it would therefore be impertinent or
nugatory for the pleader, who pleads a negative matter, to
declare his readiness to prove it.
VERIFICATION, practice. The examination of the truth of a writing; the certificate that the writing is true. Vide Authentication.
VERMONT. The name of one of the new states of the United
States of America. lt was admitted by virtue of "An act for the
admission of the state of Vermont into this Union," approved
February, 18, 1791, 1 Story's L. U. S. 169, by which it is
enacted, that the state of Vermont having petitioned the congress
to be admitted a member of the United States, Be it enacted,
&c., That on the fourth day of March, one thousand seven
hundred and ninety-one, the said state, by the name and style of
"the state of Vermont," shall be received and admitted into this
Union, as a new and entire member of the United States of
America.
2. The constitution of this state was adopted by a convention
holden at Windsor on the ninth day of July, one thousand seven
hundred and ninety- three. The powers of the government are
divided into three distinct branches; namely, the legislative,
the executive, and the judicial.
3.-1. The supreme legislative power is vested in a house of
representatives of the freemen of the commonwealth or state of
Vermont, ch. 2, Sec. 2. The house of representatives of the
freemen of this state shall consist of persons most noted for
wisdom and virtue, to be chosen by ballot, by the freemen of
every town in this state respectively, on the first Tuesday in
September, annually forever. Ch. 2, Sec. 8. The representatives
so chosen, a majority of whom shall constitute a quorum for
transacting any other business than raising a state tax, for
which two-thirds of the members elected shall be present, shall
meet on the second Thursday of the succeeding October, and shall
be styled The General Assembly of the State of Vermont: they
shall have power to choose their speaker, secretary of state,
their clerk, and other necessary officers of the house -- sit on
their own adjournments prepare bills, and enact them into laws --
judge of the elections and qualifications of their own members;
they may expel members, but not for causes known to their own
constituents antecedent to their elections; they may administer
oaths and affirmations in matters depending before them, redress
grievances, impeach state criminals, grant charters of
incorporation, constitute towns, boroughs, cities, and counties:
they may annually, on their first session after their election,
in conjunction with the council, or oftener if need be, elect
judges of the supreme and several county and probate courts,
sheriffs, and justices of the peace; and also, with the council
may elect major generals and brigadier generals, from time to
time, as often as there shall be occasion; and they shall have
all other powers necessary for the legislature of a free and
sovereign state: but they shall have no power to add to, alter,
abolish, or infringe any part of this constitution. Ch. 2 Sec.
9.
4.-2. The supreme executive power is vested in a governor, or in
his absence a lieutenant-governor, and council. Ch. 2, Sec. 3.
The duties of the executive are pointed out by the second chapter
of the constitution as follows:
5.-Sec. 10. The supreme executive council of this state shall
consist of a governor, lieutenant-governor, and twelve persons,
chosen in the following manner, viz. The freemen of each town
shall, on the day of the election, for choosing representatives
to attend the general assembly, bring in their votes for
governor, with his name fairly written, to the constable, who
shall seal them up, and write on them, votes for the governor,
and deliver them to the representatives chosen to attend the
general assembly; and at the opening of the general assembly
there shall be a committee appointed out of the council and
assembly, who, after being duly sworn to the faithful discharge
of their trust, shall proceed to receive, sort, and count the
votes for the governor, and declare the person who has the major
part of the votes to be governor for the year ensuing. And if
there be no choice made, then the council and general assembly,
by their joint ballot, shall make choice of a governor. The
lieutenant-governor and treasurer shall be chosen in the manner
above directed. And each freeman shall give in twelve votes, for
twelve counsellors, in the same manner, and the twelve highest in
nomination shall serve for the ensuing year as counsellors.
6.-Sec. 11. The governor, and, in his absence, the
lieutenant-governor, with the council, a major part of whom,
including the governor, or lieutenant-governor, shall be a quorum
to transact business, shall have power to commission all
officers, and also to appoint officers, except where provision
is, or shall be otherwise made by law, or this frame of
government; and shall supply every vacancy in. any office,
occasioned by, death, or otherwise, until the office can be
filled in the manner directed by law or this constitution.
7. They are to correspond with other states, transact business
with officers of government, civil and military, and to prepare
such business as may appear to them necessary to lay before the
general assembly. They shall sit as judges to hear and determine
on impeachments, taking to their assistance, for advice only, the
judges of the supreme court. And shall have power to grant
pardons, and remit fines, in all cases whatsoever, except in
treason and murder; in which they shall have power to grant
reprieves, but not to pardon, until after the end of the next
session of the assembly; and except in cases of impeachment, in
which there shall be no remission or mitigation of punishment,
but by act of the legislature.
8. They are also to take care that the laws be faithfully
executed. They are to expedite the execution of such measures as
may be resolved upon by the general assembly. And they may draw
upon the treasury for such sums as may be appropriated by the
house of representatives. They may also lay embargoes, or
prohibit the exportation of any commodity, for any time not
exceeding thirty days, in the recess of the house only. They may
grant such licenses as shall be directed by law; and shall have
power to call together the general assembly, when necessary,
before the day to which they shall stand. adjourned. The governor
shall be captain general and commander-in- chief of the forces of
the state, but shall not command in person, except advised
thereto by the council, and then only so long as they shall
approve thereof. And the lieutenant-governor shall, by virtue of
his office, be lieutenant-general of all the forces of the state.
The governor or lieutenant-governor, and council shall meet at
the time and place with the general assembly; the
lieutenant-governor shall, during the presence of the
commander-in-chief, vote and act as one of the council: and the
governor and, in his absence, the lieutenant-governor, shall, by
virtue of their offices, preside in council, and have a casting,
but no other vote. Every member of the council shall be a justice
of the peace, for the whole state, by virtue of his office. The
governor and council shall have a secretary, and keep fair books
of their proceedings, wherein any councillor may enter his
dissent, with his reasons to support it; and the governor may
appoint a secretary for himself and his council.
9.-Sec. 16. To the end that laws, before they are enacted, may
be more maturely considered, and the inconvenience of hasty
determinations, as much as possible, prevented, all bills which
originate in the assembly shall be laid before the governor and
council for their revision and concurrence, or proposals of
amendment; who shall return the same to the general assembly,
with their proposals of amendment, if any, in writing; and if the
same are not agreed to by the assembly, it shall be in the power
of the governor and council to suspend the passing of such bill
until the next session of the legislature: Provided, that if the
governor and council shall neglect or refuse to return any such
bill to the assembly with written proposals of amendment, within
five days, or before the rising of the legislature, the same
shall become a law.
10.-Sec. 24. Every officer of state, whether judicial or
executive, shall be liable to be impeached by the general
assembly, either when in office or after his resignation or
removal, for maladministration. All impeachments shall be before
the governor, or lieutenant governor and council, who shall hear
and determine the same, and may award costs; and no trial or
impeachment shall be a bar to a prosecution at law.
11.-3. The judicial power is regulated by the second chapter of
the constitution, as follows
12.-Sec. 4. Courts of justice shall be maintained in every
county in this state, and also in new counties, when formed:
which courts shall be open for the trial of all causes proper for
their cognizance; and justice shall be therein impartially
administered, without corruption or unnecessary delay. The judges
of the supreme court shall be justices of the peace throughout
the state; and the several judges of the county courts, in their
respective counties, by virtue of their office, except in the
trial of such causes as may be appealed to the county
court.
13.-Sec. 5. A future legislature may, when they shall conceive
the same to be expedient and necessary, erect a court of
chancery, with such powers as are usually exercised by that court
or as shall appear for the interest of the commonwealth:
Provided, they do not constitute themselves the judges of the
said court.
VERSUS. Against; as A B versus C D. This is usually abbreviated v.
VERT. Everything bearing green leaves in a forest. Bac. Ab. Courts of the Foreat; Manwood, 146.
VESSEL, mar. law. A ship, brig, sloop or other craft used in
navigation. 1 Boul. Paty, tit. 1, p. 100. See sup.
2. By an act of congress, approved July 29, 1850, it is provided
that any person, not being an owner, who shall on the high seas,
willfully, with. intent to burn or destroy, set fire to any ship
or other vessel, or otherwise attempt the destruction of such
ship or other vessel, being the property of any citizen or
citizens of the United States, or procure the same to be done,
with the intent aforesaid, and being thereof lawfully convicted,
shall suffer imprisonment to hard labor, for a term not exceeding
ten years, nor less than three years, according to the
aggravation of the offence.
TO VEST, estates. To give an immediate fixed right of present or future enjoyment; an estate is vested in possession when there exists a right of present enjoyment; and an estate is vested in interest, when there is a present fixed right of future, enjoyment. Feame on Rem. 2; vide 2 Rop on Leg. 757; 8 Com. Dig. App. h.t.; 1 Vern. 323, n.; 10 Vin. Ab. 230; 1 Suppl. to Ves. jr. 200, 242, 315, 434; 2 Id. 157 5 Ves. 511.
VESTED REMAINDER, estates. One by which a present interest passes to the party, though to be enjoyed in future, and by which the estate is invariably fixed to remain to a determinate person, after the particular estate has been spent. 2 Bouv. Inst. n. 1831. Vide Remainder.
VESTURE OF LAND. By this phrase is meant all things, trees
excepted, which grow upon the surface of the land, and clothe it
externally.
2. He who has the vesture of land has a right, generally, to
exclude others from entering upon the superficies of the soil. 1
Inst. 4, b; Hamm. N. P. 151; pee. 7 East, R. 200; 1 Ventr. 393; 2
Roll. Ab. 2.
VETERA STATUTA. The name of vetera statuta, ancient statutes, has been given to the statutes commencing with Magna Charta', and ending with those of Edward II. Crabb's Eng. Law, 222.
VETO, legislation. This is a Latin word signifying, I
forbid.
2. It is usually applied to the power of the president of the
United States to negative a bill which has passed both branches
of the legislature. The act of refusing to sign such a bill, and
the message which is sent to congress assigning the reasons for a
refusal to sign it, are each called a veto.
3. When a bill is engrossed, and has received the sanction of
both houses, it is transmitted to the president for his
approbation. If he approves of it, he signs it. If he does not,
he sends it, with his objections, to the house in which it
originated, and that house enter the objections on their
journals, and proceed to reconsider the bill. Coast. U. S. art.
I, s. 7, cl. 2. Vide Story on the Const. Sec. 878; 1 Kent, Com.
239.
4. The governors of the several states have generally a negative
on the acts of the legislature. When exercised with due caution,
the veto power is some additional security against inconsiderate
and hasty legislation, or where bills have passed through
prejudice or want of due reflection. It was, however, mainly
intended as a weapon in the hands of the chief magistrate to
defend the executive department from encroachment and usurpation,
as well as a just balance of the constitution.
5. The veto power of the British sovereign has not been
exercised for more than a century. It was exercised once during
the, reign of Queen Anne. Edinburgh Rev. 10th vol. 411, &c.;
Parke's Lectures, 126. But anciently the king frequently replied
Le roy s'avisera, which was in effect withholding his assent. In
France the king had the initiative of all laws, but not the veto.
See 1 Toull. art. 39; and see Nos. 42, 52, note 3.
VEXATION. The injury or damage which, is suffered in consequence of the tricks of another.
VEXATIOUS SUITS, torts. A vexatictus suit is one which has
been instituted maliciously, and without probable cause, whereby
a damage has ensued to the defendant.
2. The suit is either a criminal prosecution, a conviction
before a magistrate, or a civil action. The suit need not be
altogether without foundation; if the part which is groundless
has subjected the party to an inconvenience, to which he would
not have been exposed had the valid cause of complaint alone have
been insisted on, it is injurious. 4 Taunt. 616; 4 Rep. 14 1 Pet.
C. C. Rep. 210; 4 Serg. & Rawle, 19, 23.
3. To make it vexatious, the suit must have been instituted
maliciously. As malice is not in any case of injurious conduct
necessarily to be inferred from the total absence of probable
cause for exciting it, and in the present instance the law will
not allow it to be inferred from that circumstance, for fear of
being mistaken, it casts upon the suffering party the onus of
proving express malice. 2 Wils. R. 307; 2 Bos. & Pull. 129;
Carth. 417; but see what Gibbs, C. J., says in Berley v. Bethune,
5, Taunt. 583; see also 1 Pet. C. C. R. 210; 2 Browne's R. Appx.
42, 49; Add. R. 270.
4. It is necessary that the prosecution should have been carried
on without probable cause. The law presumes that probable cause
existed until the party aggrieved can show to the contrary. Hence
he is bound to show the total absence of probable cause. 5 Taunt.
580; 1 Campb. R. 199. See 3 Dow. Rep. 160; 1 T. Rep. 520; Bul. N.
P. 14; 4 Burr. 1974; 2 Bar. & C. 693; 4 Dow. & R. 107; 1
Car. R. 138, 204; 1 Gow, Rep. 20; 1 Wils. 232; Cro. Jac. 194. He
is also under the same obligation when the original proceeding
was a civil action. 2 Wils. 307.
5. The damage which the party injured sustains from a vexatious
suit for a crime, is either to his person, his reputation, his
estate or his relative rights. 1. whenever imprisonment is
occasioned by a malicious unfounded criminal prosecution, the
injury is complete, although the detention may have been
momentary, and the party released on bail. Carth. 416. 2. When
the bill of indictment contains scandalous aspersions likely to
impair the reputation of the accused, the damage is complete. See
12 Mod. 210; 2 B. & A. 494; 3 Dow., & R. 669. 3.
Notwithstanding his person is left at liberty, and his character
is unstained by the proceedings, (as where the indictment is for
a trespass, Carth. 416,) yet if he necessarily incurs expense in
defending himself against the charge, he has a right to have his
losses made good. 10 Mod. 148,; Id. 214; Gilb. 185; S. C. Str.
978. 4. If a master loses the services and assistance of his
domestics, in consequence of a vexatious suit, he may claim a
compensation. Ham. N. P. 275. With regard to a damage resulting
from a civil action, when prosecuted in a court of competent
jurisdiction, the only detriment the party can sustain, is the
imprisonment of his person, or the seizure of his property, for
as to any expense, he may be put to, this, in contemplation of
law, has been fully compensated to him by the costs adjudged. 4
Taunt. 7; 2 Mod. 306; 1 Mod. 4. But where the original suit was
coram non judice, the party as the law formerly stood,
necessarily incurred expense without the power of remuneration,
unless by this action, because any award of costs the court might
make would have been a nullity. However, by a late decision such
an adjudication was holden unimpeachable, land that the party
might well have an action of debt to recover the amount. 1 Wils.
316. So that the law, in this respect, seems to have taken a new
turn, and, perhaps, it would now be decided, that no action can
under any other circumstances but imprisonment of the person or
seizure of the property, be maintained for suing in an improper
court. Vide Carth. 189.
See, in general, Bac. Abr. Action on the case, H; Vin. Abr.
Actions, H c; Com. Dig. Action upon the case upon deceit; 5 Amer.
Law Journ. 514; Yelv. 105, a note 2; Bull. N. P. 13; 3 Selw. N.
P. 535; Notes on Co. Litt. 161, a, (Day's edit.); 1 Saund. 230,
n. 4; 3 Bl. Com. 126, n. 21, (Chit. edit.); this Dict. tit.
Malicious Prosecution.
VEXED QUESTION, vexata quaestio. A question or point of law often discussed or agitated, but not determined nor settled.
VI ET ARMIS. With force and arms. When man breaks into
another's close vi et armis, he may be opposed force by force,
for there is no time to request him to go away. 2 Salk. 641; 8 T.
R. 78, 357.
2. These words are universally inserted in a writ of trespass,
because they point out that the act has been done with force, and
they are technical words to designate this offence. Ham. N. P. 4,
10, 12; 1 Chit. Pl. 122 to 125; and article Force.
VIA. A cart-way, which also includes a foot-way and a horse-way. Vide Way.
VIABLE, Vitae habilis, capable of living. This is said of a
child who is born alive in such an advanced state of formation as
to be capable of living. Unless be is born viable he acquires no
rights and cannot transmit them to his heirs, and is considered
as if he bad never been born.
2. This term is used In the French law, Toull. Dr. Civ. Fr. tome
4, p. 101 it would be well to engraft it on our own Vide Traill.
Med. Jur. 46, and Dead Born.
VIABILITY, med. jur. An aptitude to live after birth; extra uterine life. 1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See 2 Sav. Dr. Rom. Append. III. for a learned discussion of this subject.
VICE. A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in a slave, roaring and crib-biting in a horse, are vices. Redhibitory vices are those for which the seller will be compelled to annul a sale, and take back the thing sold. Poth. Vente, 203; Civ. Code of Lo. art. 2498 to 2507; 1 Duv. n. 396.
VICE-ADMIRAL. The title of an officer in the navy; the next in rank after the admiral. In the United States we have no officer by this name.
VICE-CHANCELLOR. The title of a judicial officer who decides causes depending in the court of chancery; his opinions may be reversed, discharged or altered by the chancellor.
VICE-CONSUL. An officer who performs the duties of a consul within a part of the district of a consul, or who acts in the place of a consul. Vide 1 Phil. Ev. 306.
VICE-PRESIDENT OF THE UNITED STATES. The title of the second
officer, in point of rank, in the government of the United
States.
2. To obtain a correct idea of the law relating to this officer,
it is proper to consider; 1. His election. 2. The duration of his
office. 3. His duties.
3.-1. He is to be elected in the manner pointed out under the
article President of the United States. (q.v.) See, also, 3 Story
on the Const. 1447 et seq.
4.-2. His office in point of duration is coextensive with that
of the president.
5.-3. The fourth clause of the third section of the first
article of the constitution of the United States, directs, that
"the vice-president of the United States shall be president of
the. senate, but shall have no vote unless they be equally
divided." And by article 2, s. 1, clause 6, of the constitution,
it is provided, that "in case of the removal of the president
from office, or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same
shall devolve on the vice- president."
6. When the vice-president exercises the office of president, he
is called the President of the United States.
VICE VERSA. On the contrary; on opposite sides.
VICECOMES. The sheriff.
VICECOMES NON MISIT BREVE. The sheriff did not send the writ. An entry made on the record when nothing has been done by virtue of a writ which has been directed to the sheriff.
VICENAGE. The neighborhood; the venue. (q.v.)
VICINETUM. The neighborhood; vicenage; the venue. Co. Litt. 158 b.
VICONTIEL. Belonging to the sheriff.
VIDELICET. A Latin adverb signifying to wit, that is to say,
namely, scilicet. (q.v.) This word is usually, abbreviated
Viz.
2. The office of the videlicet is to mark, that the party does
not undertake to prove the precise circumstances alleged, and in
such case he is not required to prove them. Steph. Pl. 309'; 7
Cowen, R. 42; 4 John. R. 450; 3 T. R. 67, 643; 8 Taunt. 107;
Greenl. Ev. Sec. 60; 1 Litt. R. 209. Vide Yelv. 94; 3 Saund. 291
a, note; New Rep. *465, note; Dane's Ab. Index, h.t.; 2 Pick.
214, 222; 16 Mass. 129.
VIEW. A prospect.
2. Every one is entitled to a view from his premises, but he
thereby acquires no right over the property of his neighbors. The
erection of buildings which obstruct a man's view, therefore, is
not unlawful, and such buildings cannot be considered a nuisance.
9 Co. R. 58 b. Vide Ancient Lights; Nuisance,
VIEW, DEMAND OF, practice. In most real and mixed actions, in
order to ascertain the identity of land claimed with that in the
tenant's possession, the tenant is allowed, after the demandant
has counted, to demand a view of the land in question; or if the
subject of claim be rent, or the like, a view of the land out of
which it issues; Vin. Abr. View; Com. Dig. View; Booth, 37; 2
Saund. 45 b; 1 Reeves' Hist 435, This, however, is confined to
real or mixed actions; for in personal actions the view does not
lie. In the action of dower unde nihil habet, it has been much
questioned whether the view be demandable or not; 2 Saund. 44, n,
4; and there are other real and mixed actions in which it is not
allowed. The view being granted, the course of proceeding is to
issue a writ, commanding the sheriff to cause the defendant to
have a view of the land, It being the interest of the demandant
to expedite the proceedings, the duty of suing out the writ lies
upon him, and not upon the tenant; and when, in obedience to its
exigency, the sheriff causes view to be made, the demandant is to
show to the tenant, in all ways possible, the thing in demand
with its metes and bounds. On the return of the writ into court,
the demandant must count de novo; that is, declare again Com.
Dig. Pleader, 2 Y 3; Booth, 40; and the pleadings proceed to
issue.
2. This proceeding of demanding view, is, in the present rarity
of real actions, unknown in practice.
VIEWERS. Persons appointed by the courts to see and examine certain matters, and make a report of the facts together with their opinion to the court. In practice they are usually appointed to lay out roads and the like. Vide Experts.
VIGILANCE. Proper attention in proper time.
2. The law requires a man who has a claim to enforce it in
proper time, while the adverse party has it in his power to
defend himself; and if by his neglect to do so, he cannot
afterwards establish such claim, the maxim vigilantibus non
dormientibus leges subserviunt, acquires full force in such case.
For example, a claim not sued for within the time required by the
acts of limitation, will be presumed to be paid; and the mere
possession of corporeal real property, as if in fee simple, and
without admitting any other ownership for sixty years, is a
sufficient title against all the world, and cannot be impeached
by any dormant claim. See 3 Bl. Com. 196, n; 4 Co. 11 b. Vide
Twenty years.
VILL. In England this word was used to signify the parts into which a hundred or wapentake was divided. Fortesc. De Laud, ch. 24. See Co. Litt. 115 b. It also signifies a town or city. Barr. on the Stat. 133.
VILLAIN., An epithet used to cast contempt and contumely on
the person to whom it is applied.
2. To call a man a villain in a letter written to a third
person, will entitle him to an action without proof of special
damages. 1 Bos. & Pull. 331.
VILLEIN, Eng. law. A species of slave during the feudal
times.'
2. The feudal villein of the lowest order was unprotected as to
property, and subjected to the post ignoble services; but his
circumstances were very different from the slave of the southern
states, for no person was, in the eye of the law, a villein,
except as to his master; in relation to all other persons he was
a freeman. Litt. Ten. s. 189, 190; Hallam's View of the Middle
Ages, vol. i. 122, 124; vol. ii. 199.
VILLENOUS JUDGMENT, punishments. In the English law it was a
judgment given by the common law in attaint, or in cases of
conspiracy.
2. Its effects were to make the object of it lose his liberam
legem, and become infamous. He forfeited his goods and chattels,
and his lands during life; and this barbarous judgment further
required that his lands should be wasted, his houses razed, his
trees rooted up, and that his body should be cast into prison. He
'could not be a juror or witness. Burr. 996, 1027; 4 Bl. Com.
136.
VINCULO MATRIMONII. A divorce. A vinculo matrimonii, is one from the bonds of matrimony. Such a divorce generally enables the parties to marry again.
VINDICATION, civil law. The claim made to property by the owner of it. 1 Bell's Com. 281, 5th ed. See Revendication.
VIOLATION. An act done unlawfully and with force. In the English stat. of 25 E. III., st. 5, c. 2, it is declared to be high treason in any person who shall violate the king's companion; and it is equally high treason in her to suffer willingly such violation. This word has been construed under this statute to mean carnal knowledge. 3 Inst. 9; Bac. Ab, Treason, E.
VIOLENCE. The abuse of force. Theorie des Lois Criminelles, 32. That force which is employed against common right, against the laws, and against public liberty. Merl. h. t, 2. In cases of robbery, in order to convict the accused, it is requisite to prove that the act was done with violence; but this violence is not confined to an actual assault of the person, by beating, knocking down, or forcibly wresting from him on the contrary, whatever goes to intimidate or overawe, by the apprehension of personal violence, or by fear of life, with a view to compel the delivery of property equally falls within its limits. Alison, Pr. Cr. Law of Scotl. 228; 4 Binn. R. 379; 2 Russ. on Cr. 61; 1 Hale P. C. 553. When an article is merely snatched, as by a sudden pull, even though a momentary force be exerted, it is not such violence as to constitute a robbery. 2 East, P. C. 702; 2 Russ. Cr. 68; Dig. 4, 2, 2 and 3.
VIOLENT PROFITS, Scotch law. The gains made by a tenant holding over, are so called. Ersk. Inst. R. 2, tit. 6, s. 54.
VIOLENTLY, pleading. This word was formerly supposed to be necessary in an indictment, in order to charge a robbery from the person, but it has been holden unnecessary. 2 East, P. C. 784; 1 Chit. Cr. Law, *244. The words "feloniously and against the will," usually introduced in such indictments, seem to be sufficient. It is usual also to aver a putting in fear, though this does not seem to be requisite. Id.
VIRGA. An obsolete word, which signifies a rod or staff, such as sheriffs, bailiffs, and constables carry, as a badge or ensign of their office.
VIRGINIA. The name of one of the original states of the United
States of America. This colony was chartered in 1606, by James
the First, and this charter was afterwards altered in 1609 and
1612; and in 1624 the charter was declared to be forfeited under
proceedings under a writ of quo warranto. After the fall of the
charter, Virginia continued to be a royal province until the
period of the American Revolution.
2. A constitution, or rather bill of rights, was adopted by a
convention of the representatives of the good people of Virginia,
on the 12th day of June, 1776. An amended constitution or form of
government for Virginia was adopted January 14, 1830, which has
been superseded by the present constitution, which was adopted
August 1, 1851.
3. The legislative, executive, and judiciary departments, shall
be separate and distinct, so that neither exercise the powers
properly belonging to either of the others; nor shall any person
exercise the powers of more than one of them at the same time,
except that justices of the peace shall be eligible to either
house of assembly. Art 2.
4.-Sec. 1. The legislature is composed of two branches, the
house of delegates and the senate, which together are called the
general assembly of Virginia.
5.-1. The house of delegates will be considered with reference,
1. To the qualifications of the electors. 2. The qualifications
of members. 3. The number of members. 4. Time of their
election.
6.-1st. Every white male citizen of the commonwealth, of the age
of twenty-one years, who has been a resident of the state for two
years, and of the county, city, or town where he offers to vote
for twelve months next preceding an election, and no other
person, shall be qualified to vote for members of the general
assembly, and all officers elective by the people: but no person
in the military, naval, or marine service of the United States
shall be deemed a resident of this state, by reason of being
stationed therein. And no person shall have the right to vote,
who is of unsound mind, or a pauper, or a non-commissioned
officer, soldier, seaman, or marine in the service of the United
States, or who has been convicted of bribery in an election, or
of any infamous offence.
7.-2. The general assembly at its first session after the;
adoption of this constitution, and afterwards as occasion may
require, shall cause every city or town, the white population of
which exceeds five thousand, to be laid off into convenient
wards, and a separate place of voting to be established in each,
and thereafter no inhabitant of such city or town shall be
allowed to vote except in the ward in which be resides.
8.-3. No voter, during the time for holding any election at
which he is entitled to vote, shall be compelled to perform
military service, except in time of war or public danger; to work
upon the public roads, or to attend any court as suitor, juror or
witness; and no voter shall be subject to arrest under any civil
process during his attendance at elections, or in going to and
returning from them.
9.-4. In all elections votes shall be given openly, or viva
voce, and not by ballot. But dumb persons, entitled to suffrage,
may vote by ballot. Art. 3.
10.-2d. Any person may be elected a delegate who shall have
attained the age of twenty-one years, and shall be actually a
resident within the city, county, town, or election district,
qualified by this constitution to vote for members of the general
assembly: but no person holding a lucrative office, no minister
of the gospel, or priest of any religious denomination, no
salaried officer of any banking corporation or company, and no
attorney for the commonwealth shall be capable of being elected a
member of either house of assembly. The removal of any person
elected to neither branch of the general assembly, from the
county, city, town, or district for which he was elected, shall
vacate his office. Art. 4, s. 5, Sec. 7.
11.-3d. The house of delegates is to consist of one hundred and
fifty- two members. Art. 4, Sec. 2.
12.-4th. The members of the general assembly are to be chosen
biennially. Art. 4, Sec. 2.
13.-2. The senate will be considered in the same order that the
house of delegates has been. 1. The qualifications of electors
are the same as for electors of delegates. 2. Any person may be
elected a senator who has attained the age of twenty-five years,
and shall be actually a resident within the district, and
qualified to vote for members of the general assembly. The other
qualifications are the, same as those for delegates. Art. 4, s.
5, Sec. 7. 3. The number of senators is fifty. Art. 4, Sec.
3.
4. Senators are to be elected for the term of four years. Upon
the assembling of the senators so elected, they shall be divided
into two equal classes to be numbered by lot. The term of service
of the senators of the first class shall expire with that of the
delegates first elected under this constitution; and of the
senators of the second class, at the expiration of two years
thereafter; and this alternation shall, be continued, so that
one- half of the senators may be chosen every second year. Art.
4, Sec. 3.
14.-1. The chief executive power of this commonwealth shall be
vested in a governor. He shall hold the office for the term of
four years, to commence on the ____ day of _______ next
succeeding his election, and be ineligible to the same office for
the term next succeeding that for which he was elected, and to
any other office during his term of service.
15.-2. The governor shall be elected by the voters at the times
and places of choosing members of the general assembly. Returns
of the election shall be transmitted under seal by the proper
officers to the secretary of the commonwealth, who shall deliver
them to the speaker of the house of delegates, on the first day
of the next session of the general assembly. The speaker of the
house of delegates shall within one week thereafter, in the
presence of a majority of the senate and house of delegates, open
the said returns, and the votes shall then be counted. The person
having the highest number of votes shall be declared elected; but
if two or more shall have the highest and an equal number, of
votes, one of them shall be chosen governor by the joint vote of
the two houses of the general assembly. Contested elections for
governor shall be decided by a like vote, and the mode of
proceeding in such cases shall be prescribed by law.
16.-3. No person shall be eligible to the office of governor
unless he has attained the age of thirty years, is a native
citizen of the United States, and has been a citizen of Virginia,
for five years next preceding his election.
17.-4. The governor shall reside at the seat of government;
shall receive five thousand dollars for each year of his service,
and, while in office, shall receive no other emolument from this
or any other government.
18.-5. He shall take care that the laws be faithfully executed;
communicate to the general assembly at every session the
condition of the commonwealth; recommend to their consideration
such measures as he may deem expedient; and convene the general
assembly on application of a majority of the members of both
houses thereof, or when in his opinion the interest of the
commonwealth may require it. He shall be commander-in-chief of
the land and naval forces of the state; have power to embody the
militia to repel invasion, suppress insurrection and enforce the
execution of the laws; conduct, either in person or in such other
manner as shall be prescribed by law, all intercourse with other
and foreign states; and, during the recess of the general
assembly, fill pro tempore all vacancies in those offices for
which the constitution and laws make no provision but his
appointments to such vacancies shall be by commissions to expire
at the end of thirty days after the commencement of the next
session of the general assembly. He shall have power to remit
fines and penalties in such cases and under such rules and
regulations as may be prescribed by law; and, except when the
prosecution has been carried on by the house of delegates or the
law shall otherwise particularly direct, to grant reprieves and
pardons after conviction, and to commute capital punishment. But
be shall communicate to the general assembly at each session, the
particulars of every case of fine or penalty remitted, of
reprieve or pardon granted and of punishment commuted, with his
reasons for remitting, granting or commuting the same.
19.-6. He may require information in writing from the officers
in the executive department upon any subject relating to the
duties of their respective offices; and may also require the
opinion in writing of the attorney-general upon any question of
law connected with his official duties.
20.-7. Commissions and grants shall run in the name of the
commonwealth of Virginia, and be attested by the governor with
the seal of the commonwealth annexed.
21.-8. A lieutenant governor shall be elected at the same time,
and for the same term, as the governor: and his qualification and
the manner of his election in all respects shall be the
same.
22.-9. In case of the removal of the governor from office, or of
his death, failure to qualify, resignation, removal from the
state, or inability to discharge the powers and duties of the
office, the said office, with its compensation, shall devolve
upon the lieutenant governor; and the general assembly shall
provide by law for the discharge of the executive functions in
other necessary cases.
23.-10 The lieutenant governor shall be president of the senate,
but shall have no vote; and while. acting as such, shall receive
a compensation equal to that allowed to the speaker of the house
of delegates. Art. 5, Sec. 1-10.
24.-Sec. 3. The judicial powers are regulated by the sixth
article of the constitution, as follows:
25.-1. There shall be a supreme court of appeals, district
courts and circuit courts. The jurisdiction of these tribunals,
and of the judges thereof, except so far as the same is conferred
by this constitution, shall, be regulated by law.
26.-2. The state shall be divided into twenty-one judicial
circuits, ten districts and five sections.
27.-3. The general assembly may, at the end of eight years after
the adoption of this constitution, and thereafter at intervals of
eight years, rearrange the said circuits, districts and sections,
and place any number of circuits in a district, and of districts
in a section; but each circuit shall be altogether in one
district, and each district in one section; and there shall not
be less than two districts and four circuits in a section, and
the number of sections shall not be increased or
diminished.
28.-6 For each circuit, a judge shall be elected by the voters
thereof, who shall hold his office for the term of eight years,
unless sooner removed in the manner prescribed by this
constitution. He shall at the time of his election be at least
thirty years of age, and during his continuance in office, shall
reside in the circuit of which he is judge.
29.-7. A circuit court shall be held at least twice a year by
the judge of each circuit, in every county and corporation
thereof, wherein a circuit court is now or may hereafter be
established. But the judges in the same district may be required
or authorized to hold the courts of their respective circuits
alternately, and a judge of one circuit to hold a court in any
other circuit.
30.-8. A district court shall be held, at least once a year in
every district, by the judges of the circuits constituting the
section and the judges of the supreme court of appeals for the
section of which the district forms a part, any three of whom may
hold a court; but no judge shall sit or decide upon any appeal
taken from his own decision. The judge of the supreme court of
appeals of one section, may sit in the district courts of another
section, when required or authorized by law to do so.
31.-9. The district courts shall not have original jurisdiction,
except in cases of habeas corpus, mandamus and prohibition.
32.-10. For each section, a judge shall be elected by the voters
thereof, who shall hold his office for the term of twelve years,
unless sooner removed in the manner prescribed by this
constitution. He shall at the time of his election be at least
thirty-five years of age, and during his continuance in office,
reside in the section for which he is elected.
33.-11. The supreme court of appeals shall consist of the five
judges so elected, any three of whom may hold a court. It shall
have appellate jurisdiction only, except in cases of, habeas
corpus, mandamus and prohibition. It shall not have jurisdiction
in civil causes where the matter in controversy, exclusive of
costs, is less, in value or amount than five hundred dollars,
except in controversies concerning the title or boundaries of
land, the; probate of a will, the appointment or qualification of
a personal representative, guardian, committee or curator; or
concerning a mill, road, way, ferry or landing, or the right of a
corporation, or of a county to levy tolls or taxes; and except in
cases of habeas corpus, mandamus and prohibition, and cases
involving freedom, or the constitutionality of a law.
34.-12. Special courts of appeals, to consist of not less than
three nor more than five judges, may be formed of the judges of
the supreme court of appeals, and of the circuit courts, or any
of them, to try any cases remaining on the dockets of the present
court of appeals when the judges thereof cease to hold their
offices; or to try any cases which may be on the dockets of the
supreme court of appeals established by this constitution, in
respect to which a majority of the judges of said court may be so
situated as to make it improper for them to sit on the bearing
thereof.
35.-13 When a judgment or decree is reversed or affirmed by the
supreme court of appeals, the reasons therefor shall be stated in
writing, and preserved with the record of the case.
36.-14. Judges shall be commissioned by the governor, and shall
receive fixed and adequate salaries which shall not be diminished
during their continuance in office. The salary of a judge of the
supreme court of appeals shall not be less than three thousand
dollars and that of a judge of a circuit court not less than two
thousand dollars per annum, except that of the judge of the fifth
circuit, which shall not be less than fifteen hundred dollars per
annum; and each shall receive a reasonable allowance for
necessary travel.
37.-15. No judge during his term of service shall hold any other
office, appointment or public trust, and the acceptance thereof
shall vacate his judicial office; nor shall he during such term,
of within one year thereafter, be eligible to any political
office.
38.-16. No election of judge shall be held within thirty days of
the time of holding any election of electors of president and
vice-president of the United States, of members of congress or of
the general assembly.
39.-17. Judges may be removed from office by a concurrent vote
of both houses of the general assembly, but a majority of all the
members elected to each house must concur in such vote; and the
cause of removal shall be entered. on the journal of each house.
The judge, against whom the general assembly may be about to
proceed, shall receive notice thereof, accompanied by a copy of
the causes alleged for his removal, at least twenty days before
the day on which either house of the general assembly shall act
thereupon.
40.-22. At every election of a governor, an attorney-general
shall be elected by the voters of the commonwealth, for the term
of four years. He shall be commissioned by the governor, shall
perform such duties and receive such compensation as may be
prescribed by law, and be removable in the manner prescribed for
the removal of judges.
41.-23. Judges and all other officers, whether elected or
appointed, shall continue to discharge the duties of their
respective offices after their terms of service, have expired,
until their successors are qualified.
42.-24. Writs shall run in the name of the commonwealth of
Virginia and be attested by the clerks of the several courts.
Indictments shall conclude, against the peace and dignity of the
commonwealth.
43.-25. There shall be in each county of the commonwealth, a
county court, which shall be held monthly, by not less than
three, nor more than, five justices, except when the law shall
require the presence of a greater number.
44.-26. The jurisdiction of the said court shall be the same as
that of the existing county courts, except so far as it is
modified by this constitution or may be changed by law.
45.-27. Each county shall be laid off into districts, as nearly
equal as may be in territory and population. In each district
there shall be elected by the voters thereof, four justices of
the peace, who shall be commissioned by the governor, reside in
their respective districts, and hold their office for the term of
four years. The justices so elected shall choose one of their own
body, who shall be the presiding justice of the county court, and
whose duty it shall be to attend each term of said court. The
other justices shall be classified by law for the performance of
their duties in court.
46.-28. The justices shall receive for their services in court,
a per diem compensation, to be ascertained by law, and paid out
of the country treasury; and shall not receive any fee or
emolument for other judicial services.
VIRILIA. The privy members of a man. Bract. lib. 3, p. 144.
VIRTUTE OFFICII. By virtue of his office. A sheriff, a constable, and some other officers may, virtute officii, apprehend a man who has been guilty of a crime in their presence.
VIS. A Latin word which signifies force. In law it means any kind of force, violence, or disturbance, relating to a man's person or his property.
VIS IMPRESSA. Immediate force; original force. This phrase is
applied to cases of trespass when a question arises whether an
injury has been caused by a direct force, or one which is
indirect. When the original force, or vis impressa, had ceased to
act before the injury commenced, then there is no force, the
effect is mediate, and the proper remedy is trespass on the
case.
2. When the injury is the immediate consequence of the force or
vis proxima, trespass vi et armis lies. 3 Bouv. Inst. n. 3483; 4
Bouv. Inst. n. 3583.
VIS MAJOR, a superior force. In law it signifies inevitable
accident.
2. This term is used in the civil law in nearly the same same
way that the words act of God, (q.v.) are used in the common law.
Generally, no one is responsible for an accident which arises
from the vis major; but a man may be so where he has stipulated
that he would; and when he has been guilty of a fraud or deceit.
2 Kent, Com. 448; Poth. Pret a Usage, n. 48, n. 60 Story Bailm.
Sec. 25.
VISA, civ. law. The formula put upon an act; a register; a commercial book, in order to approve of it and authenticate it.
VISITATION. The act of examining into the affairs of a
corporation.
2. The power of visitation is applicable only to ecclesiastical
and eleemosynary corporations. 1 Bl. Com. 480; 2 Kid on Corp.
174. The visitation of civil corporations is by the government
itself, through the medium of the courts of justice Vide 2 Kent,
Com. 240.
VISITER. An inspector of the government, of corporations or bodies politic. 1 Bl. Com. 482. Vide Dane's Ab. Index, h.t.; 7 Pick. 303; 12 Pick. 244.
VISNE. The neighborhood; a neighboring place; a place near at
hand; the venue. (q.v.)
2. Formerly the visne was confined to the immediate
neighborhood, where the cause of action arose, and many verdicts
were disturbed because the visne was too large, which, becoming a
great grievance several statutes were passed to remedy the evil.
The 21 James I, c. 13, gives aid after verdict where the visne is
partly wrong, that is, where it is warded out of too many or too
few places in the county named. The 16 and 17 Charles II. c. 8,
goes further, and cures defects of the visne wholly, so that the
cause is tried by a jury of the proper county. Vide Venue.
VIVA VOCE. Living voice; verbally. It is said a witness delivers his evidence viva voce, when he does so in open court; the term is opposed to deposition. It is sometimes opposed to ballot; as, the people vote by ballot, but their representatives in the legislature, vote viva voce.
VIVARY. A place where living things are kept; as a park, on land; or in the water, as a pond.
VIVUM VADIUM, or living pledge, contracts. When a man borrows
a sum of money (suppose two hundred dollars) of another, and
grants him an estate, as of twenty dollars per annum, to hold
till the rents and profits shall repay the sum so borrowed.
2. This is an estate conditioned to be void as soon as such sum
is raised. And in this case the land or pledge is said to be
living; it subsists, and survives the debt, and immediately on
the discharge, of that, results back to the borrower. 2 Bl. Com.
157. See Antichresis; Mortgage.
VOCATIO IN JUS, Roman civ. law. According to the practice in the legis actiones of the Roman law, a person having a demand against another, verbally cited him to go with him to the praetor in jus eamus. In jus te voco. This was denominated vocatio in jus. If a person thus summoned refused to go, he could be compelled by force to do so unless he found a vindex, that is, a procurator or a person to undertake his cause. When the parties appeared before the praetor, they went through the particular formalities required by the action applicable to the cause. If the cause was not ended the same day, the parties promised to appear again at another day, which was called vadimonium. See Mat h.v. 25.
VOID, contracts, practice. That which has no force or
effect.
2. Contracts, bequests or legal proceedings may be void; these
will be severally considered.
3.-1. The invalidity of a contract may arise from many causes.
1. When the parties have no capacity to contract; as in the case
of idiots, lunatics, and in some states, under their local
regulations, habitual drunkards. Vide Parties to contracts, Sec.
1; 1 Hen. & Munf 69; 1 South. R. 361; 2 Hayw. R. 394; Newl.
on Contr. 19; 1 Fonb. Eq. 46; 3 Camp. 128; Long on Sales, 14;
Highm. on Lunacy, 111, 112 Chit. on Contr. 29, 257.
4.-2. When the contract has for its object the performance of an
act malum in se; as a covenant to rob or kill a man, or to commit
a breach of the peace. Shep. To. 163; Co. Lit. 206, b 10 East, R.
534.
5.-3. When the thing to be performed is impossible; as, if a man
were to covenant to go from the United States to Europe in one
day. Co. Lit. 206, b. But in these cases, the impossibility must
exist at the time of making the contract; for although subsequent
events may excuse the performance, the contract is not absolutely
void; as, if John contract to marry Maria, and, before the time
appointed, the covenantee marry her himself, the contract will
not be enforced, but it was not void in its creation. It differs
from a contract made by John, who, being a married man, and known
to the covenantee, enters into a contract to marry Maria during
the continuance of his existing marriage, for in that case the
contract is void.
6.-4. Contracts against public policy; as, an agreement not to
marry any one, or not to follow any business; the one being
considered in restraint of marriage, and the other in restraint
of trade. 4 Burr. 2225; S. C. Wilm. 364; 2 Vern. 215; Al. 67: 8
Mass. R. 223; 9 Mass. R. 522; 1 Pick. R. 443; 3 Pick. R.
188.
7.-5. When the contract is fraudulent, it is void, for fraud
vitiates everything. 1 Fonb. Equity, 66, note Newl. on Contr.
352; and article Fraud. As to cases when a condition consists of
several parts, and some are lawful and others are not, see
article Condition.
8.-2. A devise or bequest is void:. 1. When made by a person not
lawfully authorized to make a will; as, a lunatic or idiot, a
married woman, and an infant before arriving at the age of
fourteen, if a male, and twelve if a female. Harg. Co. Lit. 896,
If; Rob. on Wills, 28; Godolph. Orph. Leg. 21. 2. When there is a
defect in the form of the will, or when the devise is forbidden
by law; as, when a perpetuity is given, or when the devise in
unintelligible. 3. When it has been obtained by fraud. 4. When,
the devisee is dead. 5. And when there has been an express or
implied revocation of the will. Vide Legacy; Will.
9.-3. A writ or process is void when there was not any authority
for issuing it, as where the court had no jurisdiction, In such
case, the officers acting under it become trespassers, for they
are required, notwithstanding it may sometimes be a difficult
question of law, to decide whether the court has or has not
jurisdiction. 2 Brownl. 124; 10 Co. 69; March's R. 118; 8 T. R.
424; 3 Cranch, R. 330; 4 Mass. R. 234. Vide articles
Irregularity; Regular and Irregular Process. Vide, generally, 8
Com. Dig. 644; Bac. Ab. Conditions, K; Bac. Ab. Infancy, &c.
I; Bac. Ab. h.t.; Dane's Ab. Index, h.t.; 3 Chit. Pr. 75; Yelv.
42, a, note 1; 1 Rawle, R. 163; Bouv. Inst Index, h.t.
VOIDABLE. That which has some force or effect, but which, in
consequence of some inherent quality, may be legally annulled or
avoided.
2. As a familiar example, may be mentioned the case of a
contract, made by an infant with an adult, which maybe avoided or
confirmed by the former on his coining of age. Vide Parties,
contracts.
3. Such contracts are generally of binding force until avoided
by the party having a right to annul them. Bac. Ab. Infancy, 1 3;
Com. Dig. Enfant; Fonb. Eq. b. 1, c. 2, Sec. 4, note b; 3 Burr.
1794 Nels. Ch. R. 5 5; 1 Atk. 3 5 4; Str. 9 3 7; Perk. Sec. 12.
VOIR. An old French word, which signifies the same as the modern
word vrai, true. Voir dire, to speak truly, to tell the
truth.
2. When a witness is supposed to have an interest in the cause,
the party against whom he is called has the choice to prove such
interest by calling another witness to that fact, or be may
require the witness produced to be sworn on his voir dire as to
whether he has an interest in the cause, or not, but the party
against whom he is called will not be allowed to have recourse to
both methods to prove the witness interest. If the witness
answers he has no interest, he is competent, his oath being
conclusive; if he swears he has an interest, he will be
rejected.
3. Though this is the rule established beyond the power of the
courts to change, it seems not very satisfactory. The witness is
sworn on his voir dire to ascertain whether he has an interest,
which would disqualify him, because he would be tempted to
perjure himself, if he testified when interested. But when he is
asked whether he has such an interest, if he is dishonest and
anxious to be sworn in the case, he will swear falsely he has
none, and his answer being conclusive, he will be admitted as
competent; if, on the contrary, he swears truly he has an
interest, when he knows that will exclude him, he is told that
for being thus honest, he must be rejected. See, generally, 12
Vin. Ab. 48; 22 Vin. Ab. 14; 1 Dall, 375; Dane's Ab. Index, h.t.;
and Interest.
VOLUNTARY. Willingly; done with one's consent; negligently.
Wolff, Sec. 5.
2. To render an act criminal or tortious it must be voluntary.
If a man, therefore, kill another without a will on his part,
while engaged in the performance of a lawful act, and having
taken proper care to prevent it, he is not guilty of any crime.
And if he commit an injury to the person or property of another,
he is not liable for damages, unless the act has been voluntary
or through negligence, as when a collision takes place between
two ships without any fault in either. 2 Dobs. R. 83 3 Hagg. Adm.
R. 320, 414.
3. When the crime or injury happens in the performance of an
unlawful act, the party will be considered as having acted
voluntarily.
4. A negligent escape permitted by an officer having the custody
of a prisoner will be presumed as voluntary; under a declaration
or count charging the escape to have been voluntary, the party
will, therefore, be allowed to give a negligent escape in
evidence. 1 Saund. 35, n. 1. So Will.
VOLUNTARY CONVEYANCE, contracts. The transfer of an estate
made without any adequate consideration of value.
2. Whenever a voluntary conveyance is made, a presumption of
fraud properly arises upon the statute of 27th Eliz. cap. 4,
which presumption may be repelled by showing that the transaction
on which the conveyance was founded, virtually contained some
conventional stipulations, some compromise of interests or
reciprocity of benefits, that point out an object and motive
beyond the indulgence of affection or claims of kindred, and not
reconcilable with the supposition of intent to deceive a
purchaser. But unless so repelled, such a conveyance coupled with
a subsequent negotiation for sale, is conclusive evidence of
statutory fraud. 5 Day, 223, 341; 1 Johns. Cas. 161; 4 John. Ch.
R. 450; 3 Conn. 450; 4 Conn. 1; 4 John. R. 536; 15 John. R. 14; 2
Munf. R. 363. A distinction has been made between previous and
subsequent creditors; such a conveyance is void as to the former
but not as to the latter. 8 Wheat. 229; 3 John. Ch. 481; and see
6 Alab. R. 506; 9 Alab. R. 937; 10 Conn. 69. And a conveyance by
a father who, though in debt, is not in embarrassed
circumstances, who makes a reasonable provision for a child,
leaving property sufficient to pay his debts, is not per se,
fraudulent. 4 Wheat. 27; 6 Watts & S. 97; 4 Vern. 889; 6 N.
H. Rep. 67; 11 Leigh, 137; 5 Ohio, 121.
3. By the statute of 3 Henry VII. c. 4, all deeds of gifts of
goods and chattels in trust for the donor were declared void; and
by the statute of 13 Eliz. ch. 5, gifts of goods and chattels, as
well as of lands, by writing or otherwise, made with intent to
delay, hinder and defraud creditors, were rendered void as
against the person to whom such frauds would be
prejudicial.
4. The principles of these statutes, which indeed have been
copied from the civil law, Dig. 42, 8, 5, 11; 2 Bell's Com. 182,
though they may not have been substantially reenacted, prevail
throughout the United States. 8 Johns. Ch. R. 481; 1 Halst. R.
450; 5 Cowen, 87; 8 Wheat. R. 229; 11 Id. 199; 12 Serg. &
Rawle, 448; 9 Mass. R. 390; 11 Id. 421; 4 Greenl. R. 52; 2 Pick.
R. 411; 8 Com. Dig. App. h.t.; 22 Vin. Ab. 15; 1 Vern. 38, 101;
Rob. on Fr. Conv. 65, 478 Dane's Ab. Index, h.t.; 14 Ves. 344; 4
McCord, 294; 1 Rawle. 231; 1 Rep, Const. Ct. 180; 1 N. &
McCord, 334; Coxe, 56; Hare & Wall. Sel. Dee. 33-69. Vide
Contracts; Indebtedness; Settlement.
5. As between the parties such conveyances are, in general,
good. 2 Rand. 384; 1 John. Chan. R. 329, 336; 1 Wash. 274 And
when it has once been executed and delivered, it cannot be
recalled; even where an unmarried man executes a voluntary trust
deed for the benefit of future children, nor can he relieve
himself from a provision in the conveyance to the trustee, under
which the income of the trust property is to be paid to him at.
the discretion of a third person. 2 My. & Keen, 496. See 2
Moll. 257.
VOLUNTARY DEPOSIT, civil law. One which is made by the mere consent or agreement of the parties. 1 Bouv. Inst. n. 1054.
VOLUNTARY ESCAPE. The giving to a prisoner voluntarily, any liberty not authorized by law. 5 Mass. 310; 2 Chipm. 11; 3 Harr. & John. 559; 2 Harr. & Gill. 106; 2 Bouv. Inst. n. 2332.
VOLUNTARY JURISDICTION. In the ecclesiastical law, jurisdiction is either contentious jurisdiction, (q.v.) or voluntary jurisdiction. By the latter term is understood that kind of jurisdiction which requires no judicial proceedings, as, the granting letters of administration and receiving the probate of wills.
VOLUNTARY NONSUIT, practice. The abandonment of his cause by a plaintiff, and an agreement that a judgment for costs be entered against him. 3 Bouv. Inst. n. 3306.
VOLUNTARY SALE, contracts. One made freely, without constraint, by the owner of the thing &old. 1 Bouv. Inst. n. 974.
VOLUNTARY WASTE. That which is either active or willful, in contradistinction to that which arises from mere negligence, which is called permissive waste. 2 Bouv. Inst. 2394, et seq. Vide Waste.
VOLUNTEERS, contracts. Persons who receive a voluntary
conveyance. (q.v.)
2. It is a general rule of the courts of equity that they will
not assist a mere volunteer who has a defective conveyance. Fonb.
B. 1, c. 5, s. 2, and See the note there for some exceptions to
this rule. Vide, generally, 1 Madd. Ch. 271,. 1 Supp. to Ves. jr.
320; 2 Id. 321; Powell on Mortg. Index, h.t. 4 Bouv. Inst. n.
3968-73.
VOLUNTEERS, army. Persons who in time of war offer their
services to their country and march in its defence.
2. Their rights and duties are prescribed by the municipal laws
of the different states. But when in actual service they are
subject to the laws of the United States and the articles of
war.
VOTE. Suffrage; the voice of an individual in making a choice
by many. The total number of voices given at an election; as, the
presidential vote.
2. Votes are either given, by ballot, v.) or viva voce; they may
be delivered personally by the voter himself, or, in some cases,
by proxy. (q.v.)
3. A majority (q.v.) of the votes given carries the question
submitted, unless in particular cases when the constitution or
laws require that there shall be a majority of all the voters, or
when a greater number than a simple majority is expressly
required; as, for example in the case of the senate in making
treaties by the president and senate, two-thirds of the senators
present must concur. Vide Angell on Corpor. Index, h.t.
4. When the votes are equal in number, the proposed measure is
lost.
VOTER. One entitled to a vote; an elector.
VOUCHEE. In common recoveries, the person who is called to warrant or defend the title, is called the vouchee. 2 Bouv. Inst. n. 2093.
VOUCHER, accounts. An account book in which are entered the acquittances, or warrants for the accountant's discharge. It also signifies any acquittance or receipt, which is evidence of payment, or of the debtor's being discharged. See 3 Halst. 299.
VOUCHER, common recoveries. The voucher in common recoveries,
is the person on whom the tenant to the praecipe calls to defend
the title to the land, because he is supposed to have warranted
the title to him at the time of the original purchase.
2. The person usually employed for this purpose is the cryer of
the court, who is therefore called the common voucher. Vide
Cruise, Dig. tit. 36, c. 3, s. 1; 22 Vin. Ab. 26; Dane, Index,
h.t.; and see Recovery.
VOUCHER TO WARRANTY, common recoveries. The calling one who has warranted lands, by the party warranted, to come and defend the suit for him. Co. Litt. 101, b. Vide Warranty, voucher to.
VOYAGE, marine law. The passage of a ship upon the seas, from
one port to another, or to several ports.
2. Every voyage must have a terminus a quo and a terminus ad
quem. When the insurance is for a limited time, the two extremes
of that time are the termini of the voyage insured. When a ship
is insured both outward and homeward, for one entire premium,
this with reference to the insurance, is considered but one
voyage; and the terminus a quo is also the terminus ad quem.
Marsh. Ins. B. 1, c. 7, s. 1 to 5. As to the commencement and
ending of the voyage, see Risk.
3. The voyage, with reference to the legality of it, is
sometimes confounded with the traffic in which the ship is
engaged, and is frequently said to be illegal, only because the
trade is so. But a voyage may be lawful, and yet the transport of
certain goods on board the ship may be prohibited or the voyage
may be illegal, though the transport of the goods be lawful.
Marsh. Ins. B. 1, c. 6, s. 1. See Lex Merc. Amer. c. 10, s. 14;
Park. Ins. ch. 12; Wesk. his. tit. Voyages; and Deviation,
4. In the French law the Voyage de conserve, is the name given
to designate an agreement made between two or more sea captains
that they will not separate in their voyage, will lend aid to
each other, and will defend themselves against a common enemy, or
the enemy of one of them, in case of attack. This agreement is
said to be a partnership. 8 Pardes. Dr. Com. n. 656; 4 Pardes.
Dr. Com. n. 984; 20 Toull. n. 17.