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. §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
VACANTIA, BONA, civil law. Goods without an owner. Such goods
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 Engl. 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 ordonnances of the French define a vagabond almost in the same
terms. Dalloz, Dict. Vagabondage. See Vattel, liv. 1, §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 sta-tutes, 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.
2. Certainty is required in contracts, wills, pleadings, judgments, and
indeed in all the acts on which courts have to give a judgment, ana 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 esti-mated 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. §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
ani-mals; 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.
VALUE RECEIVED. This phrase is usually employed in a bill of
exchange or promissory note, to denote that a consideration has been given for
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.
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 substaatially 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, §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.
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 wbo 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.
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 wbo 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.
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, §102; Archb. Civ. Pl.
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;
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
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
manslaugh-ter; 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, uncler 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.
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 imper-tinent 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
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,
§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, §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 adjournrments 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 §9.
4. - 2. The supreme executive power is vested in a governor, or in his
absence a lieutenant-governor, and council. Ch. 2, §3. The duties of the
executive are pointed out by the second chapter of the constitution as follows:
5. - §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 lieu-tenant-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. - §11. The governor, and, in his absence, the
lieutenant-governor, with the council, a major part of whom, including the
governor, or lieutenant-gov-ernor, 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 probibit 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
9. - §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. - §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 mal-administration. 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. - §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, execpt in the trial of such causes as may
be appealed to the county court.
13. - §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
VERSUS. Against; as A B versus C D. This is usually abbreviated
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, wilfully, 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.
b 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
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. §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 desceit; 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.
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
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
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
4. - 2. His office in point of duration is coextensive with that of the
5. - 3. The fourth clause of the third section of the first article of
the constitution of the United States, directs, that "the vicepresident of the
United States shall be presidont 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 vicepresident."
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
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. §60; 1 Litt. R. 209. Vide Yelv.
94; 3 Saund. 291 a, note; New Rep. *465, note; Dane's Ab. Iudex, 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
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.
VILLEIN, Engl. 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.
VINCULO MATRIMONII. A divorce. A vinculo matrimonii, is one from
the bonds of matrimony. Such a divorce generally enables the parties to marry
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 propert 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. - §1. The legislature is composed of two branches, the house of
delegates and the senate, which together are called the general assembly of
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 staationed 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
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. ln 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.
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, §7.
11.-3d. The house of delegates is to consist of one hundred and
fity-two members. Art. 4, §2.
12. - 4th. The members of the general assembly are to be chosen
biennially. Art. 4, §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, §7. 3.
The number of senators is fifty. Art. 4, §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, §3.
14. - 1. The chief executive ower 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 retuns, 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
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
pen-alties 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
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
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 as-
sembly 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,
24. - §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,
re-arrange 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 probibition,
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
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
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.
VIS MAJOR, a superior force. In law it signifies inevitable
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
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
2. The power of visitation is applicable only to ecclesiastical and
eleemo-synary 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
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 Math. V. 25.
VOID, contracts, practice. That which has no force or effect.
2. Contracts, bequests or legal proceedings may be void; these will be
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 Par-ties to contracts, §1; 1 Hen. & Munf 69; 1 South.
R. 361; 2 Hayw. R. 394; Newl. on Contr. 19; 1 Fonbl. 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 coveiaantee,
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 Fonbl. 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 unintellig-ible.
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;
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;
Fonbl. Eq. b. 1, c. 2, §4, note b; 3 Burr. 1794 Nels. Ch. R. 5 5; 1 Atk. 3
5 4; Stra. 9 3 7; Perk. §12. VOIR. An old French word, which signifies the
same as the modern word vrai, true. Voir dire, to speak truly, to tell the
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.
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 Verm. 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 wilful, 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. Fonbl. 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
2. Votes are either given, by ballot, v.) or viva voce; they may be
deli-vered personally by the voter himself, or, in some cases, by proxy. (q.
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
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 vovage 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.