implied as a necessary condition to his receiving any rent, is that the tenant shall enjoy the quiet possession of the premises, which means, substantially, that he shall not be turned out of possession of the whole or any material part of the premises by one having a title paramount to that of landlord, or that the landlord shall not himself disturb or render his occupation uncomfortable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. 3 East, 491; 6 Dowl. & R. 349; 8 Cow. N. Y. 727; 7 Wend. N. Y. 281; 13 N. Y. 151; 2 Dev. 388; 4 Mass. 349; 5 Day, Conn. 282. But if he be ousted by a stranger, that is, by one having no title, or after the rent has fallen due, or if the molestation proceeds from the acts of a third person, the landlord is in neither case responsible for it. 1 Term, 671; 3 Johns. N. Y. 471; 7 Wend. N. Y. 281; 4 Dev. No. C. 46; 5 Hill, N. Y. 599; 6 Mass. 246; 13 East, 72; 12 Wend. N. Y. 529; 25 Barb. N. Y. 594. 10. Another obligation which the law imposes upon the landlord in the absence of any express stipulation in the lease, is the payment of all taxes and assessments chargeable upon the property, or any ground-rent, or interest upon mortgages to which it may be subject. Every landlord is bound to protect his immediate tenant against all paramount claims; and if a tenant is compelled, in order to protect himself in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as between himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him, or he may deduct such payment from the rent due or to become due. 6 Taunt. 524; 12 East, 469; 5 Bingh. 409; 3 Barnew. & Ald. 647; 7 Barnew. & C. 285; 3 Ad. & E. 331; 3 Mees. & W. Exch, 607; 5 Barnew. & Ald. 521. 11. But the landlord is under no obligation to make any repairs, or to rebuild in case the premises should be burned; nor does he guarantee that they are reasonably fit for the purposes for which they were taken. And it is not in the power of a tenant to make repairs at the expense of his landlord, unless there be a special agreement between them authorizing him to do so; for the tenant takes the premises for better or for worse, and cannot involve the landlord in expense for repairs without his consent. 6 Cow. N. Y. 475; 3 Du. N. Y. 464; 1 Saund. 320; 7 East, 116; 1 Ry. & M. 357; 7 Mann. & G. 576. Even if the premises have become uninhabitable by fire, and the landlord having insured them has recovered the insurance-money, the tenant cannot compel him to expend the money so recovered in rebuilding, unless he has expressly engaged to do so; nor can he, in such an event, protect himself from the payment of rent during the unexpired balance of the term. 8 Paige, Ch. N. Y. 437; 1 Sim. Ch. 146; 1 Term, 314. A different rule is said to prevail in Louisiana. See 3 Rob. La. 52, 12. On the part of the tenant, we may observe that on taking possession he is at once invested with all the rights incident to possession, is entitled to the use of all the privi leges and easements appurtenant to the tenement, and to take such reasonable estovers and emblements as are attached to the estate. He may maintain an action against any person who disturbs his possession or trespasses upon the premises, though it be the landlord himself. 1 Den. N. Y. 21; Croke Car. 325; 3 Wils. 461; 2 H. Blackst. 924; 2 Barnew. & Ad. 97; 3 Crompt. & R. Exch. 557. As occupant, he is also answerable for any neglect to repair highways, fences, or party-walls; it being generally sufficient, except where a statute has otherwise provided, to charge a man for such repairs by the name of occupant. He is also liable for all injuries produced by the mismanagement of his servants, or by a nuisance kept upon the premises, or by an obstruction of the highway adjacent to them, or the like; for, as a general rule, where a man is in possession of property, he must so manage it that other persons shall not be injured thereby. 3 Term, 766; 3 Q. B. 449; 1 Scott, N. R. 392; 4 Taunt. 649; 5 Barnew. & C. 552; 6 Mees. & W. Exch. 499. 13. One of the principal obligations which the law imposes upon every tenant, independent of any agreement, is to treat the premises in such a manner that no substantial injury shall be done to them, and so that they may revert to the landlord, at the end of the term, unimpaired by any wilful or negligent conduct on his part. In the language of the books, he must keep the buildings wind-andwater-tight, and is bound to make fair and tenantable repairs, such as the keeping of fences in order, or replacing doors and windows that are broken during his occupation. If it is a furnished house, he must preserve the furniture, and leave it, with the linen, etc., clean and in good order. 5 Carr. & P. 239; 7 id. 327; 4 Term, 318; 18 Ves. Ch. 331; 2 Esp. 590; 4 Mann. & G. 95; 12 Mees. & W. Exch. 827. But he is not bound to rebuild premises which have accidentally become ruinous during his occupation; nor is he answerable for ordinary wear and tear, nor for an accidental fire, nor to put a new roof on the building, nor to make what are usually called general or substantial repairs. Neither is he bound to do painting, white-washing, or papering, except so far as they may be necessary to preserve exposed timber from decay. 6 Term, 650; 6 Carr. & P. 8; 12 Ad. & E. 476; 1 Marsh. 567; 10 Barnew. & C. 312. 14. With respect to farming leases, a tenant is under a similar obligation to repair; but it differs from the general obligation in this, that it is confined to the dwelling-house which he occupies,-the burden of supporting the out-buildings and other erections on the farm being sustained either by the landlord, or the tenant, in the absence of any express provision in the lease, by the particu of the country in which the farm 1. He is always bound, however, te the farm in a good and husbander, to keep the fences in repair, eserve the timber and ornamental Zood condition; and for any violay of these duties he is liable to be against by the landlord for waste, he act of waste be committed by or by a stranger. Coke, Litt. 53; 300; 5 Johns. N. Y. 373; 13 East, 1.536; 2 Dougl. 745; 1 Taunt. 198; Y. 104. As to what constitutes WASTE. from the payment of rent. 2 Wend. N. Y. 561; 12 id. 529; 4 Cow. N. Y. 58; 8 id. 727; 4 N. Y. 217; 2 Ired. No. C. 350; 3 Ohio, 364; 4 Rawle, Penn. 329; Coke, Litt. 1486; 2 East, 576; 1 Cowp. 242; 6 Term, 458. 17. The obligation to pay rent may be ap portioned; for, as rent is incident to the reversion, it will become payable to the assignees of the respective portions thereof whenever that reversion is severed by an act of the parties or of the law. But the tenant's consent is necessary for an appor tionment when made by the landlord, unless the proportion of rent chargeable upon each e tenant's general obligation to re- portion of the land has been settled by the renders him responsible for any intervention of a jury. 22 Wend. N. Y. 121; tranger may sustain by his neglect 2 Barb. N. Y. 643; 3 Den. N. Y. 454; 1 Dowl. e premises in a safe condition; as, & R. 291; 5 Barnew. & Ald. 876. A tenant, ping the covers of his vaults suffi- however, cannot get rid of or apportion his sed, so that a person walking in rent by transferring the whole or a part of falls through, or is injured thereby. his lease; for if he assigns it, or underlets airs or improves the building, he a portion of it, he still remains liable to his rd against accident to the pass landlord for the whole. Croke Eliz. 633; 24 the street, by erecting a suitable Barb. N. Y. 333. Instances of an apportion- or stationing a person there to ment by act of law occur where there is a e of the danger. 4 Term, 318; 28 descent of the reversion among a number of Y. 194; 6 N. Y. 48; 4 id. 222. For heirs, or upon a judicial sale of a portion of sonable obstruction which he places the premises; for in such cases the tenant hway adjoining his premises, he will be bound to pay rent to each of the dicted for causing a public nui- ties for the portion of the premises belongwell as rendered liable to an actioning to them respectively. So, if a man dies, os, at the suit of any individual leaving a widow, she will have a right to reThe law will tolerate only such a ceive one-third of the rent, while the remainand temporary obstruction of the ing two-thirds will be payable to his heirs. nay be necessary for business pur- Croke Eliz. 742; 15 Wend. N. Y. 464; Croke in receiving and delivering goods Jac. 160; Coke, Litt. 148; 1 Mees. & W. Exch. arehouse, or coals, or fuel on the 747. or the like; provided, always, that convenience does not suffer from g. & R. Penn. 217; 6 East, 427; 6 2. 636; 1 Den. N. Y. 524; Taylor, Ten. 192. e tenant's chief duty, however, is nt of rent, the amount of which is ed by the terms of the lease, or, in ce of an express agreement, is such ble compensation for the occupation mises as they are fairly worth. If been no particular agreement beparties, the tenant pays rent only me he has had the beneficial enjoyhe premises; but if he has entered spress agreement to pay rent during no casualty or injury to the premises otherwise, nothing, in fact, short of n. will excuse him from such payPaige, Ch. N. Y. 355; 18 Ves. Ch. larr. & J. Md. 42; 16 Mass. 240; 3 Y. 464; 3 Bos. & P. 420; 6 Term, Wend. N. Y. 454; Al. 26; 4 Harr. 564; 1 Bay, So. C. 499. But if he deprived of the possession of the - or any part thereof, by a third aler a title superior to that of the or if the latter annoys his tenant, causes the erection of such a nuior near the premises as renders a ion so uncomfortable as to justify val, he is in either case discharged par 18. These rights and liabilities are not confined to the immediate parties to the contract, but will be found to attach to all persons to whom the estate may be transferred, or who may succeed to the possession of the premises, either as landlords or tenants. This principle follows as a necessary consequence of that privity of estate which is incident to the relation of landlord and tenant. A landlord may not violate his tenant's rights by a sale of the property; neither can a tenant avoid his responsibilities by substituting another tenant in his stead without the landlord's consent. The purchaser of the property becomes in one case the landlord, and is entitled to all the rights and remedies against the tenant or his assignee which the seller had, while in the other case the assignee of the lessee assumes all the liabili ties of the latter, and is entitled to the same protection which he might claim from the assignee of the reversion; but the original lessee is not thereby discharged from his obligations. 17 Johns. N. Y. 239; 3 Harr. & MH. M. 387; 24 Barb. N. Y. 365; 13 Wend. N. Y. 136; 19 N. Y. 68: 8 Ves. Ch. 95; 1 Ves, & B. Ch. Ir. 11: 4 Term, 99. 19. The relation of landlord and tenant may be terminated in several ways. If it is a tenancy for life, it will of course terminate upon the decease of him upon whose life the lease depends; but if it be for life, or for a certain number of years depending upon some particular event, the happening of that event will determine the tenancy. So if it be for a certain number of years, independent of any contingency, it will expire at the last moment of the anniversary of the day from which the tenant was to hold in the last year of the tenancy. And in all these cases depending upon the express conditions of the lease, no notice to quit will be necessary in order to dissolve the relation of the parties to each other. Coke, Litt. 216; Sheppard, Touchst. 187; 9 Ad. & E. 879; 5 Johns. N. Y. 128; 1 Pick. Mass. 43; 2 Serg. & R. Penn. 49; 18 Me. 264; Taylor, Landl. & Ten. ¿ 465. 20. But a tenancy from year to year, or at will, can only be terminated by a notice to quit. This notice must be in writing; it must be explicit, and require the tenant to remove from the premises; it must be served upon the tenant, and not upon an undertenant; it must run in the name of the person to whom possession is to be given, and not of his agent; and if given by one of several tenants in common, it is valid only to the extent of his share, but if made by one of several joint tenants, it will enure for the benefit of all. Burr. 1603; 5 Esp. 196; Dougl. 175; 5 Ad. & E. 350; 6 Barnew. & C. 41; 10 Johns. N. Y. 270; 8 Taunt. 241; 2 Mann. & R. 433; 7 Mees. & W. Exch. 139; 3 Bingh. N. c. 677. At common law, this notice was required to be one of six calendar months, ending with the period of the year at which the tenancy commenced, W. Blackst. 596; 3 Term, 13; and this rule prevails in New York, Kentucky, Tennessee, North Carolina, Vermont, and New Jersey, as to tenancies from year to year. 1 Vern. Ch. 311; 1 Johns. N. Y. 322; 1 Dan. Ky. 30; 5 Yerg. Tenn. 431; 22 Vt. 88; 4 Ired. No. C. 291; 3 Green, N. J. 181. See 17 Mass. 287. In Pennsylvania, South Carolina, New Hampshire, and Michigan, three months' notice is required, 24 N. H. 219; 8 Serg. & R. Penn. 458; 2 Rich. So. C. 346; while the New-York statutes provide for its termination by giving one month's notice wherever there is a tenancy at will, or by sufferance, created by the tenant's holding over his term, or otherwise. 21. This relation will also be dissolved when the tenant incurs a forfeiture of his lease by the breach of some covenant or condition therein contained. At common law, a forfeiture was incurred if the tenant did any act which was inconsistent with his first relation to his landlord: as, if he impugned the title of his lessor by affirming by matter of record the fee to be in a stranger, claimed a greater estate than he was entitled to, or undertook to alienate the estate in fee. Coke, Litt. 251 b; Croke Eliz. 321. But these causes of forfeiture, founded upon strict feudal principles, have been generally abolished in the United States, and a forfeiture of a term of years now only occurs in consequence of a breach of some express stipulation contained in the contract: as, for the commission of waste, non-payment of rent, or the like. 2 Wend. N. Y. 357; 2 Hill, N. Y. 554; 10 N. Y. 9; 7 Paige, Ch. N. Y. 350. A forfeiture may be waived by an acceptance of, or distraining for, rent which became due after a breach committed by the tenant, or by giving a notice to quit, or by any other act which acknowledges the continuance of the tenancy, 8 Watts. Penn. 55; 2 N. H. 160; 18 Johns. N. Y. 174; 3 Hen. & M. Va. 436; 1 Binn. Penn. 333; 1 Mees. & W. Exch. 408; 1 Taunt. 78, and will be relieved against by the courts in all cases where it happened accidentally and the injury is capable of compensation, or where the damages are a mere matter of computation. 10 Ves. Ch. 6; 12 id. 475; 16 id. 405; 2 Price, Exch. 206; 1 Dall. Penn. 210; 9 Mod. 22. 22. Another means of dissolving a tenancy is by an operation of law, termed a merger,— which happens where a tenant purchases the fee of the reversion, or the fee descends to him as heir at law, the lease becoming thereby merged in the inheritance, the lesser estate being absorbed in the greater. To produce this result, however, it is necessary that the two estates should meet in the same person and in the same right; for if he who has the reversion in fee marries the tenant for years, or if a tenant makes the landlord his executor, the term of years is in neither case merged, because in either case he holds the fee for his own benefit, while the term of years is taken in one case for his wife's use, and in the other for the benefit of the estate he represents as executor. 10 Johns. N. Y. 482; 15 Barb. N. Y. 7; 12 N. Y. 526; Coke, Litt. 388 b; Burton, Real Prop. 898; 1 Washburn, Real Prop. 354. 23. In addition to the several methods of putting an end to a tenancy already mentioned, we may add that it is, of course, competent for a tenant to surrender his lease to the landlord; or if the subject-matter of the lease wholly perishes, or is required to be taken for public uses, or if the premises are converted into a house of ill fame, or the tenant disclaims to hold under his landlord and therefore refuses to pay his rent, asserts the title to be in himself or unlawfully attor ney to another, the tenancy is at an end, and the landlord may forthwith resume the possession. 7 Wend. N. Y. 210; 24 id. 454; 3 Maule & S. 270; 5 Ohio, 303; 11 Metc. Mass. 448; 1 Esp. 13; 13 Pet. 1; 3 A. K. Marsh, Ky. 247; 10 Ill. 41; 20 Penn. St. 398; 6 Yerg. Tenn. 280. 24. After the tenancy has ended, the right of possession reverts to the landlord, who may re-enter upon the premises if he can do so without violence. But if the tenant holds over and the landlord takes possession forcibly, so as to endanger a breach of the peace, he runs the risk of being punished criminally for a forcible entry (see FORCIBLE ENTRY and DETAINER) as well as of suffering the conse quences of an action of trespass. The landlord should, therefore, in all such cases, call in the law to his assistance, and receive possession at the hands of the sheriff. ant, on his part, is bound quietly p the possession of the entire preough he still retains a reasonable ress and regress for the purpose g his goods and chattels, And al to perform this duty he will be to all the statutory penalties of r. 1 Add. Penn. 14, 43; 10 Mass. -rm, 357; 1 Dev. & B. No. C. 324; P. 201; 1 Mann. & G. 644; 1 - Penn. 90; 13 Johns, N. Y. 235; = 1 Strobh. So. C. 313. He may, tain cases, take the emblements or its of the land after his tenancy See EMBLEMENTS), and, unless resome stipulation to the contrary; e such fixtures as he has erected occupation for his comfort, conveprofit. See FIXTURES. or in certain countries, and this is called the lan 3. On the subjugation of England by William the Conqueror, the French-Norman language was substituted in all law-proceedings for the ancient Saxon. This, according to Blackstone, 3 Comm. 317. was the language of the records, writs, and pleadings until the time of Edward III. Mr. Stephen thinks Blackstone has fallen into an error, and says the record was, from the earliest period to which that document can be traced, in the Latin language. Plead. Appx. note 14. By the statute 36 Edw. III. st. 1, c. 15, it was enacted that for the future all pleas should be pleaded, shown, delish tongue, but be entered and enrolled in Latin. fended, answered, debated, and judged in the EngThe Norman or law French, however, being more familiar as applied to the law than any other langunge, the lawyers continued to employ it in makè ordinary common-law remedy bying their notes of the trial of cases, which they ndlord proceeds to recover the pos- afterwards published in that barbarous dialect unhis premises is by an action of der the name of Reports. which is strictly a possessory acthe party claiming possession must on his right of entry, whether his e estate be in fee for life or for Johns. N. Y. 227; 2 Yeates, Penn. gh. 203. The tenant is never perreasons of sound public policy, to his landlord's title, or to set up n a title acquired by himself durnancy which is hostile in its chathat which he acknowledged in ace demise. 10 East, 158; 3 Barnew. 7 Term, 488; 5 Wend. N. Y. 246; Y. 431; 3 Ad. & E. 188; 1 Harp. 6 Harr. & J. M. 533; 2 Binn. ; 4 Serg. & R. Penn, 467. at the slow and measured progress cient proceeding in most cases afry inadequate remedy to the landin order, therefore, to obviate the ng from its delays, the statutes of -nt states provide a summary prowhich a landlord may be speedily upon notice of a day or two, in e a tenant abandons the premises - end of the term without surrenlease, leaving rent in arrear, conold over after the expiration of his has become unable or unwilling to e use of the premises, 22 Wend. : 4 Barnew. & C. 259; 10 N. Y. Tenn. 233; 2 Chitty, Bail. 179; 7 ther, on the subject of this article, Smith, Taylor, Archbold, Comyns, the Law of Landlord and Tenant; -. Platt, on Leases; Washburn on erty. -UAGE. The medium for the comof perceptions and ideas. nguage is that wherein articulate used. language is that wherein written are used, and especially the sysaracters called letters and figures. nventional usage, certain sounds and have a definite meaning in one country 4. After the enactment of this statute, on the introduction of paper pleadings, they followed in the language as well as in other respects the style of the records, which were drawn up in Latin. This technical language continued in use till the time of Cromwell, when by a statute the records were directed to be in English; but this act was repealed at the restoration by Charles II., the lawwell and as concisely in the vernacular as in the yers finding it difficult to express themselves as Latin tongue; and the language of the law continued as before till about the year 1730, when the statute of 4 Geo. II. c. 26, was passed. It provided that both the pleadings and the records should thenceforward be framed in English. The ancient terms and expressions which had been so long known in French and Latin were now literally translated into English. The translations of such terms and phrases were found to be excredingly ridiculous. Such terms as nisi prius, habeas corpus, fieri facias, mandamus, and the like, are not capable of an English dress with any degree of seriousness. They are equally absurd in the manner they are employed in Latin; but use and the fact that they are in a foreign language have made the absurdity less apparent. 5. By statute of 6 Geo. II. c. 14, passed two years after the last-mentioned statute, the use of technical words was allowed to continue in the usual language,-which defeated almost every beneficial purpose of the former statute. In changand technical expressions were retained in the new ing from one language to another, many words which belonged to the more ancient language; and not seldom they partook of both. This, to the unlearned student, has given an air of confusion and It has rendisfigured the language of the law. dered essential, also, the study of the Latin and French languages. This, perhaps, is not to be regretted, as they are the keys which open to the ardent student vast stores of knowledge. In the United States, the records, pleadings, and all law proceedings are in the English language, except certain technical terms which retain their ancient French and Latin dress. 6. Agreements, contracts, wills, and other instruments may be made in any language, and will be enforced. Bacon, Abr. Wills (D 1). And a slander spoken in a foreign language, if understood by those present, or a libel published in such language, will be punished as if spoken or written in the English language. Bacon, Abr. Slander, (D 3); 1 1 Rolle, Abr. 74; 6 Term, 163. For the con- curs is not counted, and the six months are calcu- 7. Among diplomatists, the French language is the one commonly used. At an early period, the Latin was the diplomatic language in use in Europe. Towards the end of the fifteenth century that of Spain gained the ascendency, in consequence of the great influence which that country then exercised in Europe. The French, since the age of Louis XIV., has become the almost universal diplomatic idiom of the civilized world; though some states use their national language in treaties and diplomatic correspondence. It is usual in these cases to annex to the papers transmitted a translation in the language of the opposite party, wherever it is understood this comity will be reciprocated. This is the usage of the Germanic Confederation, of Spain, and of the Italian courts. When nations using a common language, as the United States and Great Britain, treat with each other, such language is used in their diplomatic inter course. See, generally, 3 Blackstone, Comm. 323; 1 Chitty, Crim. Law, 415; 2 Rey, Inst. jud. de l'Angleterre, 211, 212. LANGUIDUS (Lat.). In Practice. The name of a return made by the sheriff when a defendant, whom he has taken by virtue of process, is so dangerously sick that to remove him would endanger his life or health. To glide; to pass slowly, silently, or by degrees. To slip; to deviate from the proper path. Webster, Dict. See LAPSED DEVISE; LAPSED LEGACY. LAPSE PATENT. A patent issued to petitioner for land. A patent for which land to another party has lapsed through neglect of original patent, and makes void all mesne of patentee. The lapse patent relates to date conveyances. 1 Wash. Va. 39, 40. LAPSED DEVISE. A devise which has lapsed, or does not take effect because of the death of devisee before testator. The sul ject-matter of the lapsed devise will, if no contrary intention appears, be included in the residuary clause (if any) contained in the will. But, if the devise be to children or other issue of devisor, and issue of devisee be alive, the devise shall not lapse, if no such intention appear in the will. See 1 Vict. c. 26, 25, 26, 32, 33. A devise always lapses at common law if the devisee dies before testator: in some of the states there are statutes on the subject. See 1 Jarman, Wills, Perkins ed. 301, n.; 4 Kent, Comm. 541. LAPSED LEGACY. A legacy which, the period arrives for the payment of the on account of the death of the legatee before legacy, lapses or deviates from the course prescribed by the testator, and falls into the residuum. I Williams, Ex. 1036. vise and a lapsed legacy. A legacy which A distinction exists between a lapsed delapses does not fall into the residue unless so provided by the will, but descends to the heir at law; on the contrary, personal property passes by the residuary clause where it is not otherwise disposed of. 2 Bouvier, Inst. 2154 2156. See LAPSED DEVISE. In such a case, the officer may and ought unquestionably to abstain from removing him, and may permit him to remain even in his own house in the custody of a follower, though not named in the warrant, he keeping the key of the house in his possession. The officer ought to remove him as soon as sufficiently recovered. If there be a doubt as to the state of health of the defendant, the offi- LARCENY. In Criminal Law. The cer should require the attendance and advice wrongful and fraudulent taking and carryof some respectable medical man, and require ing away by one person of the mere perhim, at the peril of the consequences of mis-sonal goods of another from any place, with representation, to certify in writing whether a felonious intent to convert them to his the it be fit to remove the party or take him to taker's use, and make them his property prison within the county. 3 Chitty, Pract. without the consent of the owner. 2 East, 358. For a form of the return of languidus, Pl. Cr. 553; 4 Wash. C. C. 700. see 3 Chitty, Pract. 249; T. Chitty, Forms, 53. In a recent English case, Mr. Baron Parke said that this definition, which was the most complete LANZAS. In Spanish Law. A cer- meaning of the word "felonious," which, he said, of any, was defective, in not stating what is the tain contribution in money paid by the gran-"may be explained to mean that there is no color dees and other high officers in lieu of the soldiers they ought to furnish government in time of war. LAPSE. In Ecclesiastical Law. The transfer, by forfeiture, of a right to present or collate to a vacant benefice from a person vested with such right to another, in consequence of some act of negligence by the former. Ayliffe, Parerg. 331. Upon six months' neglect of the patron, the right Lapses to the bishop; upon six months' neglect of Lishop, to archbishop; upon his six months' negleet, to king. The day on which the vacancy oc of right or excuse for the act; and the 'intent' must be to deprive the owner, not temporarily, but permanently, of his property." Regina 18. Holloway, 2 Carr. & K. 942; 1 Den. Cr. Cas. 370; Templ. & M. Cr. Cas. 40. It is safer to be guided by the cases than by the definitions given by text-writers. by Mr. Bishop, 2 Crim. Law, 675, n., to which Per Coltman, J. Several definitions are collected reference is made. Larceny was formerly in England, and still is, perhaps, in some states, divided into grand and petit or petty larceny, according as the value of the property taken was great or small. 2 East, Pl. Cr. 736; 3 M'Cord, So. Č. 187; 3 Hill, N. Y. 395; 6 id. 144; 1 Hawks, No. C. 463; 8 Blackf. Ind. 498. Yet |