lands were not sufficiently fenced to keep out cattle. 3 Bla. Com. 8, 9; Mozl. & W. ment. property, the sheriff must have it within his power and control, or at least within his LEVARI FACIAS (Lat. that you cause view; and if, having it so, he makes a levy to be levied). In Practice. A writ of upon it, it will be good if followed up afterexecution directing the sheriff to cause to be wards within a reasonable time by his taking made of the lands and chattels of the judg-body of the fact of its having been taken possession in such manner as to apprise everyment debtor the sum recovered by the judg- into execution. It is not necessary that an inventory should be made, nor that the sheriff should immediately remove the goods or put a person in possession; 3 Rawle, 405, 406; 1 Whart. 377; 2 S. & R. 142; 1 Wash. C. C. 29; 46 Penn. 294. A levy on a leasehold need not be in view of the premises if sufficiently descriptive; 77 Penn. 103. The usual mode of making levy upon real estate is to describe the land which has been seized under the execution, by metes and bounds, as in a deed of conveyance; 3 Bouvier, Inst. n. 3391; 1 T. & H. Pr. § 1216. case, Under this writ the sheriff was to sell the goods and collect the rents, issues, and profits of the land in question. It has been generally superseded by the remedy by elegit, which was given by statute Westm. 2d (13 Edw. I.), c. 18. In however, the judgment debtor is a clerk, upon the sheriff's return that he has no lay fee, a writ in the nature of a levari facias goes to the bishop of the diocese, who thereupon sends a sequestration of the profits of the clerk's benefice, directed to the churchwardens, to collect and pay them to the plaintiff till the full sum be raised. Yet the same course is pursued upon a fi. fa. 2 Burn, Eccl. Law, 329. See 2 Tidd, Pr. 1012; Comyns, Dig. Execution (c. 4); Finch, Law, 471; 3 Bla. Com. 471. In American Law. A writ used to sell lands mortgaged, after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under a peculiar proceeding authorized by statute. 3 Bouvier, Inst. n. 3396. LEVATO VELO (Lat). An expression used in the Roman law, Code, 11. 4. 5, and applied to the trial of wreck and salvage. Commentators disagree about the origin of the expression; but all agree that its general meaning is that these causes shall be heard summarily. The most probable solution is that it refers to the place where causes were heard. A sail was spread before the door and officers employed to keep strangers from the tribunal. When these causes were heard, this sail was raised, and suitors came directly to the court, and their causes were heard immediately. As applied to maritime courts, its meaning is that causes should be heard without delay. These causes require despatch, and a delay amounts practically to a denial of justice. Emerigon, Des Assurances, c. 26, sect. 3. LEVITICAL DEGREES. Those degrees of kindred, set forth in the eighteenth chapter of Leviticus, within which persons are prohibited to marry. LEVY. To raise. Webster, Dict. To levy a nuisance, i. e. to raise or do a nuisance, 9 Co. 55; to levy a fine, i. e. to raise or acknowledge a fine, 2 Bla. Com. 357; 1 Steph. Com. 236; to levy a tax, i. e. to raise or collect a tax; to levy war, i. e. to raise or begin war, to take arms for attack, 4 Bla. Com. 81; to levy an execution, i. e. to raise or levy so much money on execution. Reg. Orig. 298. In Practice. A seizure; the raising of the money for which an execution has been issued. In order to make a valid levy on personal levy has been made the officer cannot make It is a general rule that when a sufficient a second; 12 Johns. 208; 8 Cow. 192. LEVYING WAR. In Criminal Law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the constitution; 4 Cra. 473, 474; Const. art. 3, s. 3. See TREASON; Fries Trial, Pamphl. This is a technical term, borrowed from the English law, and its meaning is the same as it is when used in stat. 25 Ed. III.; 4 Cra. 471; U. S. vs. Fries, Pamphl. 167; Hall, Am. L. J. 351; Burr's Trial; 1 East, Pl. Cr. 62-77; Alison, Cr. Law of Scotl. 606; 9 C. & P. 129. Where war has been levied, all who aid in its prosecution by performing any part in furtherance of the common object, however minute, or however remote from the scene of action, are guilty of treason; 2 Abbott, 364. LEX (Lat.). The law. A law for the the ancient Romans this word was frequently government of mankind in society. Among used as synonymous with right, jus. When put absolutely, it means the Law of the Twelve Tables. LEX DOMICILII. See DOMICIL. LEX FALCIDIA. See FALCIDIAN LAW. LEX FORI (Lat. the law of the forum). The law of the country, to the tribunal of which appeal is made. 5 Cl. & F. 1. The forms of remedies, modes of proceeding, and execution of judgments are to be regulated solely and exclusively by the laws of the place where the action is instituted; 8 Cl. & F. 121; 11 M. & W. 877; 10 B. & C. 903; 5 La. 295; 2 Rand. 303; 6 Humphr. 45; 2 Ga. 158; 13 N. H. 321; 24 Barb. 68; 4 Zabr. 333; 9 Gill, 1; 17 Penn. 91; 18 Ala. N. s. 248; 4 McLean, 540; 11 Ind. 385; 33 Miss. 423; 12 Vt. 48; 91 U. S. 406; 36 Conn. 39; 2 Woods, C. C. 244; 26 Ark. 368; 83 Ill. 365; 27 LEX FORI Iowa, 251; 42 Miss. 444; 26 Ark. 358; 52 N. Y. 429. See PARTIES. The lex fori is to decide who are proper parties to a suit; 11 Ind. 485; 33 Miss. 423; Merlin, Rép. Etrang. § II.; Westlake, Priv. Int. Law, 409. The lex fori governs as to the nature, extent, and character of the remedy; 17 Conn. 500; 37 N. H. 86; 2 Pat. & H. 144; as, in case of instruments considered sealed where made, but not in the country where sued upon; 5 Johns. 239; 1 B. & P. 360; 3 Gill & J. 234; 3 Conn. 523; 27 Iowa, 251; 91 U. S. 406; 9 Mo. 56, 157. Arrest and imprisonment may be allowed by the lex fori, though they are not by the lex loci contractus; 2 Burr. 1089; 5 Čl. & F. 1; 1 B. & Ad. 284; 14 Johns. 346; 3 Mas. 88; 10 Wheat. 1. For the law of interest as affected by the lex fori, see CONFLICT OF LAWS. For the law in relation to damages, see DAMAGES. The forms of judgment and execution are to be determined by the lex fori; 3 Mass. 88; 5 id. 378; 4 Conn. 47; 14 Pet. 67. The lex fori decides as to deprivation of remedy in that jurisdiction. 8 Metc. 129; 7 Cush. 45; 2 Blackf. 394. See INSOLVENCY. Statutes of limitation affect the remedy only; and hence the lex fori will be the governing law; 6 Dow, P. C. 116; 5 Cl. & F. 1-16; 8 id. 121, 140; 11 Pick. 36; 7 Ind. 91; 2 Paine, 437; 36 Me. 362; 83 İll. 365; 68 N. Y. 33; see 9 B. Monr. 518; 16 Ohio, 145. But these statutes restrict the remedy for citizens and strangers alike; 10 B. & C. 903; 2 Bingh. N. c. 202, 216; 5 Cl. & F. 1; 3 Johns. Ch. 190; 6 Wend. 475; 9 Mart. La. 526. For the effect of a discharge by statutes of limitation, where they are so drawn as to effect a discharge, in a foreign state, see Story, Confl. Laws, § 582; 11 Wheat. 361; 2 Bingh. N. c. 202; 6 Rob. La. 15; 3 Hen. & M. 57. The restriction applies to a suit on a foreign judgment; 5 Cl. & F. 1-21; 13 Pet. 312; 2 B. & Ad. 413; 4 Cow. 528, n. 10; 1 Gall. 371; 9 How. 407. The right of set-off is to be determined by the lex fori; 2 N. H. 296; 6 B. Monr. 301; 83 Ill. 365; 3 Johns. 263; see 13 N. H. 126. Liens, implied hypothecations, and priorities of claim generally, are matters of remedy; 12 La. An. 289. But only, it would seem, where the property affected is within the jurisdiction of the courts of the forum; Wharton, Confl. L. §§ 317-324; 5 Cra. 289. See L. R. 3 Ch. Ap. 484. A prescriptive title to personal property acquired in a former domicil will be respected by the lex fori; 17 Ves. 88; 3 Hen. & M. 57; 5 Cra. 358; 11 Wheat. 361; 1 Coldw. 43; 5 B. Monr. 521 ; 16 Hun, 80. Questions of the admissibility and effect of evidence are to be determined by the lex fori; 12 La. An. 410; 12 Barb. 631; 7 Ohio St. 134; 2 Bradf. Surr. 339. See EVIDENCE. Where a debt is discharged by the law of the place of payment, such discharge will amount to a discharge everywhere; 5 East, 124; 12 Wheat. 360; 1 W. Blackst. 258; 13 Mass. 1; 16 Mart. La. 297; 7 Cush. 15; 1 Woodb. & M. 115; 23 Wend. 87; 5 Binn. 332; 16 Me. 206; 2 Blackf. 366; unless such discharge is held by courts of another jurisdiction to contravene natural justice; 13 Mass. 6; 1 South. 192. It must be a discharge from the debt, and not an exemption from the effect of particular means of enforcing the remedy; 14 Johns. 346; 8 B. & C. 479; 1 Atk. 255; 2 H. Blackst. 553; 7 Me. 337; 11 Mart. La. 730; 15 Mass. 419; 5 Mas. 387. Under the constitution of the United States, the insolvent laws of the various states which purport to discharge the debt are, at most, allowed that effect only as against their own citizens; as between their own citizens and strangers, where the claims of the latter have not been proved, they only work a destruction in the remedy; 5 Mas. 375; 4 Conn. 47; 14 Pet. 67; 12 Wheat. 213, 358, 369; 8 Pick. 194; 3 Iowa, 299; at least, if there be no provision in the con-place of domicil). tract requiring performance in the state where In general, however, lex loci is only used the discharge is obtained; 9 Conn. 314; 13 for lex loci contractus aut actus. Mass. 18, 20; 7 Johns. Ch. 297; 1 Breese, 16; 4 Gill & J. 509. In the United States and some state courts, the discharge of a citizen of the state, granting a discharge from an obligation, is not a bar against a citizen of another state, although the contract creating the obligation was to be performed in the state granting the discharge; 1 Wall. 223; 3 Keyes, 30; 5 Md. 1; 25 Conn. 603; 48 Me. 9; 2 Blackf. 394; but see 2 Gray, 43. If claims are proved, they may work a discharge; 3 Johns. Ch. 435; 26 Wend. 43; 3 Pet. 411; 2 How. 202; 5 id. 295, 299; The lex loci is presumed to be that of the forum till the contrary is shown; 4 Iowa, 464; 40 Me. 247; 6 N. Y. 447; 13 Md. 392; 12 La. An. 673; 9 Gill, 1; 70 Penn. 252; and also the lex rei sita; 1 H. & J. 687. See FOREIGN LAWS; AUTHENTICATION. LEX LOCI (Lat.). The law of the place. This may be either lex loci contractus aut actus (the law of the place of making the contract or of the thing done); lex loci rei site (the law of the place where the thing is situated); lex loci domicilii (the law of the CONTRACTS. It is a general principle applying to contracts made, rights acquired, or acts done relative to personal property, that the law of the place of making the contract, or doing the act, is to govern it and determine its validity or invalidity, as well as the rights of parties under it in all matters touching the modes of execution and authentication of the form or instrument of contract; and also in relation to the use and meaning of the language in which it is expressed, the construction and interpretation of it, the legal duties and obligations imposed by it, and the legal rights and immunities accquired under it; 1 Bingh. N. c. 151, 159; 8 Cl. & F. 121; 1 Pet. 317; 2 N. H. 42; 13 id. 321; 6 Vt. 102; 2 Mass. 88, 89; 7 Cush. 30; 3 Conn. 253, 472; 14 id. 583; 22 Barb. 118; 17 Penn. 91; 2 H. & J. 193; 3 Dev. 161; 8 Mart. La. 95; 4 Ohio St. 241; 14 B. Monr. 556; 19 Mo. 84; 4 Fla. 404; 23 Miss. 42; 12 La. An. 607; 3 Stor. 465; Ware, 402; 91 U. S. 406; 24 N. J. L. 319; 36 Conn. 39; 2 Woods, C. C. 244; 65 Barb. 265; 2 Kent, 39. As to the rule permitting an election of the law under which certain contracts may be governed, see Whart. Confl. L. § 678 et seq. This principle, though general, does not, however, apply where the parties at the time of entering into the contract had the law of another country in view, or where the lex loci is in itself unjust, contra bonos mores (against good morals), or contrary to the public law of the state, as regarding the interests of religion or morality, or the general well-being of society; Ferg. Marr. & D. 385; 2 Burr. 1077; 9 N. H. 271; 6 Pet. 172; 1 How. 169; 17 Johns. 511; 13 Mass. 23; 5 Cl. & F. 11, 13; 8 id. 121; 6 Whart. 331; 2 Metc. Mass. 8; 1 B. Monr. 32; 5 Ired. 590; 2 Kent, 458; Story, Confl. Laws, § 280; or the rights of citizens of the former; 12 Barb. 631; 13 Mass. 6. And where the place of performance is different from the locus contractus, it is presumed the parties had the law of the former in mind. The validity or invalidity of a contract as affected by the lex loci may depend upon the capacity of the parties or the legality of the act to be done. The capacity of the parties as affected by questions of minority or majority, incapacities incident to coverture, guardianship, emancipation, and other personal qualities or disabilities, is to be decided by the law of the place of making the contract; Story, Confl. Laws, § 103; 1 Grant, Cas. 51. The question of disability to make a contract on account of infancy is to be decided by the lex loci; 3 Esp. 163, 597; 17 Mart. La. 597; 8 Johns. 189; 1 Grant, Cas. 51; 2 Kent, 233. So, also, as to contracts made by married women; Al. 72; 8 Johns. 189; 13 La. 177; 5 East, 31. Personal disqualifications not arising from the law of nature, but from positive law, and especially such as are penal, are strictly territorial, and are not to be enforced in any country other than that where they originate; Story, Confl. Laws, §§ 91, 92, 104, 620-625; 2 Kent, 459. See Whart. Conf. L. § 101 et seq.; 67 Barb. 9. Natural disabilities, such as insanity, imbecility, etc., are everywhere recognized, so that the question whether they are controlled by the lex loci or lex domicilii seems to be theoretic rather than practical. On principle, there seems to be no good reason why they should come under a different rule from the positive disabilities. The legality or illegality of the contract will be determined by the lex loci, unless it affects injuriously the public morals or rights, contravenes the policy or violates a public law of the country where a remedy is sought; 2 Kent, 458. A contract illegal by the law of the place of its making and performance will generally be held so everywhere; 1 Gall. 375; 2 Mass. 88, 89; 2 N. H. 42; 2 Mas. 459; 13 Pet. 65, 78; 2 Johns. Cas. 355; 1 N. & M'C. 173; 2 H. & J. 193, 221, 225; 17 Ill. 328; 16 Tex. 344; 2 Burr. 1077; 2 Kent, 458; Henry, For. Law, 37, 50; Story, Confl. Laws, § 243. An exception is said to exist in case of contracts made in violation of the revenue laws; Cas. temp. Hardw. 85; 2 C. Rob. 6; 1 Dougl. 251; 1 Cowp. 341; 2 Cr. M. & R. 311; 2 Kent, 458. A contract legal by the lex loci will be so everywhere; 13 La. An. 117; unless It is injurious to public rights or morals; 3 Burr. 1568; 2 C. & P. 347; 4 B. & Ald. 650; 1 B. & P. 340; 6 Mass. 379; 2 H. & J. 193; or contravenes the policy; 2 Bingh. 314; 2 Sim. Ch. 194; 16 Johns. 438; 5 Harr. Del. 31; 1 Green. Ch. 326; 17 Ga. 253. In this connection, it is held generally that the claims of citizens are to be preferred to those of foreigners in case of a conflict of rights. Assignments, under the insolvent laws of a foreign state, are usually held inoperative as against claims of a citizen of the state, in regard to personal property in the jurisdiction of the lex fori; 1 Green, Ch. 326; 5 Harr. Del. 31; 32 Miss. 246; 13 La. An. 280; 21 Barb. 198; but see 12 Md. 54; 13 id. 392. Or violates a positive law of the lex fori. The application of the lex loci is a matter of comity; and that law must, in all cases, yield to the positive law of the place of seeking the remedy; 18 Pick. 193; 1 Green, Ch. 326; 12 Barb. 631; 17 Miss. 247. See 10 N. Y. 53. The interpretation of contracts is to be governed by the law of the country where the contract was made; Dougl. 201, 207; 2 B. & Ad. 746; 1 B. & Ad. 284; 10 B. & C. 903; 2 Hagg. Cons. 60, 61; 8 Pet. 361; 30 Ala. N. s. 253; 4 McLean, 540; 2 Bla. Com. 141; Story, Confl. Laws, § 270. The lex loci governs as to the formalities and authentication requisite to the valid execution of contracts; Story, Confl. Laws, §§ 123, 260; 11 La. 14; 2 Hill, N. Y. 227; 37 N. H. 86; 30 Vt. 42. But in proving the existence of, and seeking remedies for, the breach, as well as in all questions relating to the competency of witnesses, course of cedure, etc., the lex fori must govern; 11 Ind. 385; 9 Gill, 1; 17 Penn. 91; 18 Ala. N. S. 248; 4 McLean, 540; 3 id. 545; 5 How. 83; 6 Humphr. 75; 17 Conn. 500; 9 Mo. 56, 157; 4 Ġilm. 521; 26 Barb. 177; Story, Confi. Laws, §§ 567, 634. pro The lex loci governs as to the obligation and construction of contracts; 11 Pick. 32; 8 Vt. 325; 12 N. H. 520; 12 Wheat. 213; LEX LOCI 2 Keen, 293; 1 B. & P. 138; 12 Wend. 439; 13 Mart. La. 202; 14 B. Monr. 556; 15 Miss. 798; unless, from their tenor, it must be presumed they were entered into with a view to the laws of some other state; 13 Mass. 1. This presumption arises where the place of performance is different from the place of making; 31 E. L. & Eq. 433; 17 Johns. 511; 13 Pet. 65; 9 La. An. 185; 13 Mass. 23; 91 U. S. 406; 2 Woods, 244. A lien or privilege affecting personal estate, created by the lex loci, will generally be enforced wherever the property may be found; 8 Mart. 95; 5 La. 295; Story, Confl. Laws, § 402; but not necessarily in preference to claims arising under the lex fori, when the property is within the jurisdiction of the court of the forum; 5 Cra. 289, 298; 12 Wheat. 361; Whart. Conf. L. § 324. A discharge from the performance of a contract under the lex loci is a discharge everywhere; 5 Mass. 509; 13 id. 1, 7; 7 Cush. 15; 4 Wheat. 122, 209; 12 id. 213; 2 Mas. 161; 2 Blackf. 394; 24 Wend. 43; 2 Kent, 394. A distinction is to be taken between discharging a contract and taking away the remedy for a breach; 3 Mas. 88; 5 id. 378; 4 Conn. 47; 12 Wheat. 347; 8 Pick. 194; 9 Conn. 314; 2 Blackf. 394; 9 N. H. 478. As to the effect of a discharge from an obligation by a state insolvent law upon a debt due a citizen of another state, see LEX FORI. Statutes of limitations apply to the remedy, but do not discharge the debt; 9 How. 407; 20 Pick. 310; 2 Paine, 437; 2 Mas. 751; 6 N. H. 557; 6 Vt. 127; 8 Port. (Ala.) 84. See LIMITATIONS, STATUTE of. A question of some difficulty often arises as to what the locus contractus is, in the case of contracts made partly in one country or state and partly in another, or made in one state or country to be performed in another, or where the contract in question is accessory to a principal contract. Where a contract is made partly in one country and partly in another, it is a contract of the place where the assent of the parties first concurs and becomes complete; 2 Parsons, Contr. 94; 27 N. H. 217, 244; 11 Ired. 303; 3 Strobh. 27; 1 Gray, 336. As between the place of making and the place of performance, where a place of performance is specified, the law of the place of performance governs as to obligation, interpretation, etc.; 5 East, 124; 3 Caines, 154; 1 Gall. 371; 12 Vt. 648; 12 Pet. 456; 1 How. 182; Paige, Ch. 261; 5 McLean, 448; 27 Vt. 8; 14 Ark. 189; 7 B. Monr. 575; 9 Mo. 56, 157; 4 Gilm. 521; 21 Ga. 135; 30 Miss. 59; 7 Ohio, 134; 4 Mich. 450; 62 N. Y. 151; 24 Iowa, 412; 2 Kent, 459. But see 11 Tex. 54. See Whart. Confl. L. § 40. Where the contract is to be performed generally, the law of the place of making governs; 2 B. & Ald. 301; 5 Cl. & F. 12; 1 B. & C. 16; 1 Metc. Mass. 82; 6 Cra. 221; 6 Ired. 107; 17 Miss. 220. If the contract is to be performed partly in one state and partly in another, it will be affected by the law of both states; 91 U. S. 406; 14 B. Monr. 556; 22 Barb. 118. But see 2 Woods, 244; 24 Iowa, 412. In cases of indorsement of negotiable paper, every indorsement is a new contract, and the place of each indorsement is its locus contractus; 2 Kent, 460; 17 Johns. 511; 9 B. & C. 208; 13 Mass. 1; 25 Ala. N. s. 139; 19 N. Y. 436; 17 Tex. 102. The place of payment is the locus contractus, however, as between indorsee and drawer. See 19 N. Y. 436. The place of acceptance of a draft is regarded as the locus contractus; 3 Gill, 430; 1 Q. B. 43; 4 Pet. 111; 8 Mete. 107; 4 Dev. 124; 6 McLean, 622; 9 Cush. 46; 13 N. Y. 290; 18 Conn. 138; 17 Miss. 220. See PROMISSORY NOTES; BILLS OF EXCHANGE. The lex loci is presumed to be the same as that of the forum, unless shown to be otherwise; 46 Me. 247; 13 La. An. 673; 1 Sm. & M. 176; 70 Penn. 252; 13 Md. 392; 9 Gill, 1; 4 Iowa, 464. But see 1 Iowa, 388. TORTS. Damages for the commission of a tortious act are to be measured by the law of the place where the act is done; 1 P. Wms. 395; 1 Pet. C. C. 225; Story, Confl. Laws, § 307. An action for a tort committed in a foreign country will lie only when it is based upon an act which will be considered as tortious both in the place where committed and in the locus fori; in such case the law of the place where the tort was committed governs; L. R. 1 P. D. 107; id. 6 Q. B. 1; id. 2 P. C. 193. See 1 H. & C. 219; Whart. Confl. L. § 478; 54 Barb. 31. MARRIAGE. As to the conflict of laws in relation to marriage, see MARRIAGE. As to divorce, see DIVORCE; DOMICIL. The law of all acts relating to real property is governed by the lex rei sita. Taking a mortgage as security does not, however, divest the lex loci of its force. See LEX REI SITE. For lex domicilii, see DOMICIL. LEX LONGOBARDORUM (Lat.). The name of an ancient code in force among traces of feudal policy. the Lombards. It contains many evident It survived the destruction of the ancient government of still partially in force in some districts of Lombardy by Charlemagne, and is said to be Italy. LEX MERCATORIA (Lat.). That system of laws which, is adopted by all commercial nations, and which, therefore, constitutes a part of the law of the land. See LAW MERCHANT. LEX REI SITE (Lat.). The law of the place of situation of the thing. It is the universal rule of the common law that any title or interest in land, or in other real estate, can only be acquired or lost agreeably to the law of the place where the same is situate; 6 Pick. 286; 1 Paige, Ch. 220; 2 Ohio, 124; 1 H. Blackst. 665; 2 Rose, 29; 2 Ves. & B. 130; 5 B. & C. 438; 6 Madd. Ch. 16; 7 Cra. 115; 10 Wheat. 192, 465; 4 Cow. N. Y. 510, 527; 1 Gill, 280; 6 Binn. 559; Story, Confl. Laws, §§ 365, 428; and the law is the same in this respect in regard to all methods whatever of transfer, and every restraint upon alienation; 12 E. L. & Eq. 206. The lex rei sita governs as to the capacity of the parties to any transfer, whether testamentary or inter vivos, as affected by questions of minority or majority; 17 Mart. 569; of rights arising from the relation of husband and wife; Story, Confl. Laws, § 454; 9 Bligh, 127; 8 Paige, Ch. 261; 2 Md. 297; 1 Miss. 281; 4 Iowa, 381; 3 Strobh. 562; 9 Rich. Eq. 475; parent and child, or guardian and ward; 2 Ves. & B. 127; 1 Johns. Ch. 153; 4 Gill & J. 332; 9 Rich. Eq. 311; 14 B. Monr. 544; 11 Ala. N. s. 343; 18 Miss. 529; but see 7 Paige, Ch. 236; and of the rights and powers of executors and administrators, whether the property be real or personal; 2 Hamm. 124; 8 Cl. & F. 112; 4 M. & W. 71, 192; 2 Sim. & S. 284; 3 Cra. 319; 5 Pet. 518; 15 id. 1; 12 Wheat. 169; 2 N. H. 291; 4 Rand. 158; 2 Gill & J. 493; 5 Me. 261; 5 Pick. 65; 20 Johns. 229; 3 Day, 74; 1 Humph. 54; 7 Ind. 211; 10 Rich. 393; see EXECUTORS; of heirs; 5 B. & C. 451, 452; 6 Bligh, 479, n.; 9 Cra. 151; 9 Wheat. 566, 570; 10 id. 192; and of devisee or devisor; Story, Confl. Laws, § 474; 14 Ves. 337; 9 Cra. 151; 10 Wheat. 192; 37 N. H. 114. So as to the forms and solemnities of the transfer, the lex rei sita must be complied with, whether it be a transfer by devise; 2 Dowl. & C. 349; 2 P. Wms. 291, 293; 14 Ves. 537; 7 Cra. 115; 10 Wheat. 192; 4 Johns. Ch. 260; 2 Ohio, 124; 37 N. H. 114; 5 R. I. 112, 413; 2 Jones, No. C. 368; see 4 McLean, 75; or by conveyance inter vivos; 9 Bligh, 127, 128; 2 Dowl. & C. 349; 1 Pick. 81; 1 Paige, Ch. 220; 11 Wheat. 465; 11 Tex. 755; 18 Penn. 170; 12 E. L. & Eq. 206. So as to the amount of property or extent of interest which may be acquired, held, or transferred; 3 Russ. Ch. 328; 2 Dow. & C. 393; and the question of what is real property; 1 W. Blackst. 234; 2 Burr. 1079 6 Paige, Ch. 630; 3 Deac. & C. 704; 2 Salk. 666. And, generally, the lex rei sita governs as to the validity of any such transfer; 4 Sandf. 352; 23 Miss. 42; 11 Mo. 314; 2 Bradf. Surr. 339. As to the disposition of the proceeds, see 12 E. L. & Eq. 206. As to the interpretation and construction of wills, see DOMICIL. The rules here given do not apply to personal contracts indirectly affecting real estate; 1 Halst. Ch. 631; Story, Confl. Laws, § 351, d. ance valid under the lex rei sito; 1 Ves. 144; retaliation: an example of which is given in Amicable retaliation includes those act of retaliation which correspond to the acts of the other nation under similar circumstances. Jurists and writers on international law are divided as to the right of one nation punishing with death, by way of retaliation, the citizens or subjects of another nation. In the United States no example of such barbarity has ever been witnessed; but prisoners have been kept in close confinement in retaliation for the same conduct towards American prisoners. See Rutherforth, Inst. b. 2, c. 9; Marten, Law of Nat. b. 8, c. 1, s. 3, note; 1 Kent, 93; Wheaton, Int. Law, pt. 4, c. 1, § 1. Vindictive retaliation includes those acts which amount to a war. LEX TERRÆ (Lat.). The law of the land. See DUE PROCESS OF LAW. LEY (Old French; a corruption of loi). Law. For example, Termes de la Ley, Terms of the Law. In another, and an old technical, sense, ley signifies an oath, or the oath with compurgators; as, il tend sa ley aiu pleyntiffe. Britton, c. 27. An LEY GAGER. Wager of law. offer to make an oath denying the cause of action of the plaintiff, confirmed by compurgators (q. v.), which oath used to be allowed in certain cases. When it was accomplished, it was called the "doing of the law," "fesans de ley." Termes de la Leye, Ley; 2 B. & C. 538; 3 B. & P. 297; 3 & 4 Will. IV. c. 42, § 16. LEYES DE ESTILLO. In Spanish Law. Laws of the age. A book of explanations of the Fuero Real, to the number of two hundred and fifty-two, formed under the authority of Alonzo X. and his son Sancho, and of Fernando el Emplazado, and published at the end of the thirteenth century or beginning of the fourteenth, and some of them are inserted in the New Recopilacion. See 1 New Recop. p. 354. LIABILITY. Responsibility; the state of one who is bound in law and justice to do something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts committed. LIBEL (Lat. liber). In Practice. The plaintiff's written statement of his cause of A contract for the conveyance of lands action and of the relief which he seeks, made valid by the lex fori will be enforced in and exhibited in a judicial process, with some equity by a decree in personam for a convey- | solemnity of law. |