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bishop Anselm: but King John (about a century afterwards) in order to obtain the protection of the pope against his discontented barons, was also prevailed upon to give up by a charter, to all the monasteries and cathedrals in the kingdom, the free right of electing their prelates, whether abbots or bishops, reserving only to the crown the custody of the temporalities during the vacancy; the form of granting a licence to elect (which is the original of our congé d'elire,) on refusal whereof the electors might proceed without it; and the right of approbation afterwards, which was not to be denied without a reasonable and lawful cause. This grant was expressly recognized and confirmed in King John's Magna Charta, and was again established by statute 25 Edw. 3. st. 6. § 3.

dimissio, from dimittere, to depart with.] A letting of lands,
tenements, or hereditaments, to another for term of life, years,
or at will, for a rent reserved. Co. Lit. 43.
A LEASE is properly a conveyance of any lands or tene-
ments, usually in consideration of rent, or other annual re-
compence, made for life, for years, or at will; but always for
a less time than the lessor hath in the premises; for if it be
for the whole interest it is more properly an assignment than
a lease. He that letteth is called the lessor, and he to whom
the lands, &c. are let is called the lessee. Shep. Touchst.
c. 14; 2 Comm. c. 20.

A lease for years is also thus defined: a contract between lessor and lessee for the possession and profit of lands, &c. on the one side, and a recompence for rent or other income on the other. Bac. Abr. Leases.

But by 25 Hen. 8. c. 20. the ancient right of nomination was in effect restored to the crown. See 1 Comm. 377; and Bishop. LAY-FEE [feodum laicum.] Lands held in fee of a lay-to lord, by the common services to which military tenure was subject; as distinguished from the ecclesiastical holding in frankalmoign, discharged from those burdens. Kennet's Gloss. See Tenures.

LAYMAN. One that is not of the clergy; the Latin word laicus signifying as much as populus, that which is common to the people, or belongs to the laity. Lit. Dict. LAYSTALL [Sax.] A place to lay dung or soil in. LAZARETS. Places where quarantine is to be performed persons coming from infected countries. Escaping from them felony. See 1 Jac. 1. c. 31; 26 Geo. 2. c. 6; 29 Geo. 2. c. 8; and Plague.

by

LAZZI. The Saxons divided the people of the land into three ranks: the first they called Edilingi, which were such as are now nobility; the second were termed Frilingi, from friling, signifying that he was born a freeman, or of parents not subject to any servitude, which are the present gentry: and the third and last were called Lazzi, as born to labour, and being of a more servile state than our servants, because they could not depart from their service without the leave of the lord, but were fixed to the land where born, and in the nature of slaves; hence the word lazzi, or lazy, signifies those of a servile condition. Nithardus de Saxonibus, lib. 24.-It is remarkable that the lower class of people at Naples are called Lazaroni.

LEA OF YARN. A quantity of yarn so called; and at Kidderminster it is to contain 200 threads on a reel four yards about. See 22 & 23 Car. 2. c. 8.

This word is also sometimes, though improperly, applied the estate, i. e. the title, time, or interest the lessee hath in the thing demised; and then it is rather referred to the thing taken or bad, and the interest of the taker therein; but it is more accurately applied rather to the manner or means of attaining or coming to the thing letten. See Shep. Touchst. c. 14. The usual words of operation in a lease are " demise, grant, and to farm let,-dimisi, concessi, & ad firmam tradidi." Farm or feorme is an old Saxon word signifying provisions. Spelm. Gloss. 229. And it came to be used instead of rent or render, because anciently the greater part of rents were reserved in provisions; in corn, in poultry, and the like, till the use of money became more frequent; so that a farmer, firmarius, was one who held his lands upon payment of a rent or feorme: though at present, by a gradual departure from the original sense, the word farm is brought to signify the very estate or lands so held upon farm or rent. By this conveyance an estate for life, for years, or at will, may be created either in corporeal or incorporeal hereditaments; though livery of seisin is indeed incident and necessary to one species of leases, viz. leases for life of corporeal hereditaments, but to no other.

Whatever restriction, by the severity of the feudal law, might, in times of very high antiquity, he observed with regard to leases (see Tenures), yet by the common law, as it has stood for many centuries, all persons seised of any estate might let leases to endure so long as their own interest lasted, but no longer. Therefore tenant in fee-simple might let leases of any duration, for he hath the whole interest; but LEAD. By the 7 & 8 Geo. 4. c. 29. § 44. stealing, rip-tenant in tail, or tenant for life, could make no leases which ping, cutting, or breaking with intent to steal, any lead, iron, should bind the issue in tail or reversioner: nor could a husbrass, or other metal, or any utensil or fixture, fixed in or to band, seised jure uxoris, make a firm or valid lease for any any building, or any thing made of metal, fixed in any land, longer term than the joint-lives of himself and his wife, for being private property, or for a fence to any dwelling-house, then his interest expired. Yet some tenants for life, where the garden, or area, or in any square, street, &c. is felony, and fee-simple was in abeyance, might (with the concurrence of the offender punishable as in the case of simple larceny. such as have the guardianship of the fee) make leases of LEAGUE. An agreement between princes, &c. Also a equal duration with those granted by tenants in fee simple; measure of way by sea, or an extent of land, containing most such as parsons and vicars, with consent of the patron and Usually three miles. Breakers of leagues and truces, how ordinary. Co. Lit. 44. So also bishops and deans, and such punished for offences done upon the seas. See 4 H. 5. c. 7; other sole ecclesiastical corporations as are seised of the fee31 H. 6. c. 4. See Conservator of the Truce; Truce. simple of land in their corporate right, might, with the conLEAK, or LECHE [from Sax. Leccian, to let out water.] currence and confirmation of such persons as the law reIn the bishoprick of Durham is used for a gutter; so in York-quires, have made leases for years or for life, estates in tail shire any slough or watery hole upon the road is called by or in fee, without any limitation or control. And corporathis name; and hence the water-tub to put ashes in to make tions aggregate might have made what estates they pleased, a lee for washing of clothes, is in some parts of England without the confirmation of any other person whatsoever. termed a leche. Cowell. Whereas now by several statutes, this power, where it was unreasonable, and might be made an ill use of, is restrained; and where in the other cases the restraint by the common law seemed too hard, it is in some measure removed. The former statutes are called the restraining, the latter the enabling, statute. 2 Comm. c. 20. See post, II.

LEAKAGE. An allowance to merchants importing wine out of the customs for the waste and damage it is supposed to receive by being kept. See 3 & 4 W. 4. c. 57. § 19. and tit. Warehousing of Goods.

LEAP. A net, engine, or wheel, made of twigs, to catch fish in. 4 & 5 W. & M. c. 23. See Lepa. LEAP-YEAR. See Bissextile, Year.

LEASE [from locatio, letting; otherwise called a demise,

Further information on this subject may be conveniently classed under the following divisions:

I. Of leases in general, and of what things they may
be made.

1. How a lease may be made; of the nature of a
lease, and leasehold estate; and the construc-
tion of words in granting thereof.

2. By whom leases may be granted; and herein
shortly of leases under powers.-[See Power.]
3. Of the liability of lessees to repairs; of cove-
nants in leases, and how far assignees are af-
fected by them.--[See Covenant, Assignment.]
4. Of the expiration, surrender, &c. of leasehold
tenures, and of notices to tenants to quit.-[See
Ejectment.]

II. Of leases under the enabling and restraining statutes.
III. Of acceptance of rent.

1. Where it shall

2. Where it shall not

} confirm a lease.

For other matters relative to leases, see Bac. Abr. "Leases and Terms for Years," recommended by Blackstone to particular notice; Shep. Touchst. c. 14; and Deed, Rent, Surrender, and the other titles above referred to. See also 4 Geo. 2. c. 28: 11 Geo. 2. c. 19. (amended by 4 & 5 W. 4. c. 22.) under tit. Rent.

I. Generally, to the making of a good lease several things necessarily concur; there must be a lessor not restrained from making a lease; a lessee not disabled to receive; a thing demised which is demisable, and a sufficient description of the thing demised, &c. If it be for years, it must have a certain commencement and determination; it is to have all the usual ceremonies, as sealing, delivery, &c. and there must be an acceptance of the thing demised. Lit. § 56; 1 Inst. 46; Plond. 273, 523. Whether any rent be reserved upon a lease for life, years, or at will, or not, is not material, except only in the cases of leases made by tenant in tail, husband and wife, and ecclesiastical persons under 32 Hen. 8. c. 28. (See post, II.) Shep. Touchs. c. 14.

A lessor who hath the fee cannot reserve rent to any other but himself, his heirs, &c. And if he reserves a rent to his executors, the rent shall be to the heir, as incident to the reversion of the land. 1 Inst. 47.

Neither can a power of re-entry upon breach of covenant in a lease be reserved to a stranger to the estate. 4 Taunt. 23. The lessor may take a distress on the tenements let for the rent; or may have action of debt for the arrears, &c. Also land leased shall be subject to those lawful remedies which the lessor provides for the recovery of his rent, possession, &c. into whose hands soever the land comes. Cro. Jac. 300.

Leases for lives or at will, or for years, may be made of any thing corporeal or incorporeal that lieth in livery or grant. Shep. Touch. 268. Consequently land, advowsons, tithes, commons, franchises, estovers, annuities, rent charges, or corodies, may be leased for years.

Some incorporeal hereditaments, however, form an exception to the above rule. Dignities which are only grantable by the crown cannot be granted for years. Co. Lit. 16 b.; 9 Rep. 97 b. Neither can offices of public trust, particularly those relating to the administration of justice. 9 Rep. 97 b.; Cro. Car. 587. S. P. But as the inconvenience and danger of their passing to unskilful executors, &c. are avoided by leasing them for years during the life of the grantee, such form of demise has been held good. 6 Mod. 57. S. C. Ld. Ray. 1005. But offices requiring mere common diligence, and which may be executed by deputy without affecting the public, may be leased for years, as the offices of postmaster-general; Hard. 352; king's printer, ibid. 352; warden of ports and havens, ib. 354; and such as are ministerial in courts of justice, as surveyor of the green-wax, sealer of writs and subpoenas, &c. Bro. Abr. Leases, 40.

Goods and chattels may also be leased for years. Thus,

cattle and other live and dead stock may be demised by themselves, and the lessee shall have the use and profit of them during the term; and if they die, they become his absolute property. Bro. Abr. Leases (A.) So their young shall belong to the lessee, wherein they differ from dead stock; for the lessor shall, at the end of the lease, have any addition made to it as part of the original thing demised. Ibid.

No tenant shall take leases of above two farms, in any town, village, &c. nor hold two unless he dwell in the parish, under penalties and forfeitures, by 25 Hen. 8. c. 13. § 14. See also 21 Hen. 8. c. 13. to which statutes there is not any regard now paid.

1. A lease may be made either in writing or by word of mouth it is sometimes made and done by record, as fine, recovery (now abolished,) &c. and sometimes and most frequently by writing, called a lease by indenture; albeit, it may be also made by deed-poll; and sometimes also it is (as it may be of land or any such like thing grantable without deed for life, or never so many years,) by word of mouth, without any writing; and then it is called a lease-parol. Sheph. Touchst. c. 14.-But by the statute of frauds, 29 Geo. 2. c. 3. leases of lands must be in writing, and signed by the parties themselves, or their agents duly authorized, otherwise they will operate only as leases at will; except leases not exceeding three years.

A parol agreement to lease lands for four years creates only a tenancy at will. 4 Term Rep. 680.-But see 8 Term Rep. 3. that a lease by parol enures as a tenancy from year to year; the meaning of the statute of frauds being that such an agreement should not operate as a term.

A lease may be made by all the ways above mentioned, either for life, for years, or at will.-For life; as for life of the lessee, or another, or both.-For years, i. e. for a certain number of years, as 10, 100, 1000, or 10,000 years, months, weeks, or days, as the lessor and lessee do agree. And then the estate is properly called a term for years; for this word term doth not only signify the limits and limitation of time, but also the estate and interest that doth pass for that time. These leases for years do some of them commence in præsenti, and some in futuro at a day to come; and the lease that is to begin in futuro is called an interesse termini, or future interest. At will; i. e. when a lease is made of land to be held at the will and pleasure of the lessor and lessee together; and such a lease may be made by word of mouth, as well as the former. Sheph. Touchst. c. 14.

If the lease be but for half a year, or a quarter, or any less time, this lessee is respected as a tenant for years, and is stiled so in some legal proceedings; a year being the shortest term which the law in this case takes notice of. Lit. § 58.

These estates for years were originally granted to mere farmers or husbandmen, who every year rendered some equivalent in money, provisions, or other rent, to the lessors or landlords; but in order to encourage them to manure and cultivate the ground, they had a permanent interest granted them, not determinable at the will of the lord; and yet their possession was esteemed of so little consequence, that they were rather considered as the bailiffs or servants of the lord, who were to receive and account for the profits at a settled price, than as having any property of their own; and, therefore, they were not allowed to have a freehold estate; but their interest (such as it was) vested after their deaths in their executors, who were to make up the accounts of their testator with the lord and his other creditors, and were entitled to the stock upon the farm. The lessee's estate might also, by the ancient law, be at any time defeated by a common recovery, suffered by the tenant of the freehold, which annihilated all leases for years then subsisting, unless afterwards renewed by the recoverer, whose title was supposed superior to his by whom those leases were granted. Co. Lit. 46.

While estates for years were thus precarious, it is no wonder that they were usually very short, like the modern leases upon rack-rent; and, indeed, we are told, that by the ancient

§ 25. empowers the judges of the courts at Westminster to regulate the fees to be taken in the C. P. at Lancaster.

By § 26 rules for new trials may be moved for before any of the courts at Westminster; but by § 27. judgment and execution are not to be stayed, unless the party moving enters into recognizances with sureties. And by § 28. nothing therein contained shall prevent the Court of C. P. at Lancaster from granting any new trial, &c.

§ 29. Service of subpoenas on witnesses in any part of England and Wales shall be valid, to compel their appearance; but, § 30. they shall not be proceeded against for making default, unless their expenses were tendered at the time of serving the subpoenas.

§ 31. Where final judgment shall be obtained in the C. P. at Lancaster, and the person or effects cannot be found within the jurisdiction, any of the courts at Westminster may issue execution, &c.

And by § 32. if the rules of the Court of C. P. at Lancaster cannot be enforced, they may be made rules of one of the courts at Westminster.

$34. Rules made for the courts of Westminster may be adopted by the judges of the C. P. at Lancaster.

$35. The same costs for preparing pleadings in the C. P. at Lancaster are to be allowed as in the courts at Westminster. The king has the same privileges and immunities in respect of property held by him as duke of Lancaster as in respect of crown property. An immediate grant under the duchy seal, of property then under lease, the lease not being recited in the grant, was held void. Held also, that, as it appeared that the property had been in the crown temp. Car. I., a user from that time could not establish a prescription. Alcock v. Cooke, 5 Bingh. 340.

See further, Counties Palatine, Durham.
LANCETI. Agricolæ quidam, sed ignota speciei. A sort
of servile tenants under the ancient feudal system. See
Spelm. in v. Larceta.

LAND [terra.] Signifies generally not only arable ground,
meadow, pasture, woods, moors, waters, &c. but also mes-
suages and houses; for in conveying the land, the buildings
pass with it. Co. Lit. 4, 19. In a more restrained sense it
is arable ground and the land of every man is said in the
law to be inclosed from that of others, though it lie in the
open field; so that for any trespass therein he shall have the
writ quare clausum fregit, &c. Doct. & Stud. 8. In a grant
land may extend to meadow, or pasture, &c.
But in writs
and pleadings it signifies arable only. 1 Vent. 260.
Coke on Lit. lib. 1. cap. 2. sect. 14, says, Terra est nomen
generalissimum & comprehendit omnes species terræ, but pro-
perly terra dicitur à terrendo, quia vomere teritur; and anciently
it was written with a single r, and in that sense includes what-
ever may be ploughed. The earth hath in law a great extent
upwards, for cujus est solum ejus est usque ad coelum. Co. 9
Rep. Alured's case. See 2 Comm. cc. 1, 2: and Hereditaments.
LANDA. A lawn or open field without wood. Cowell.
LANDBOC [from the Saxon Land and Boc, Liber.] Was
a charter or deed whereby land was held. Spelm. Gloss.
LANDCHEAP [Saxon, Land-Ceap, from Ceapan, to buy
and sell.] An ancient customary fine, paid at every alienation
of land lying within some manor, or liberty of a borough.
At Malden in Essex, there is to this day a custom called by
the same name, that for certain houses and lands sold within
that place, thirteen pence in every mark of the purchase-
money shall be paid to the town; and this custom of land-
cheap they claim (inter alia) by a grant from the Bishop of
London, made anno 5 Hen. 4.

LANDEA. A ditch in marshy lands to carry water into the sea. Du-Cange.

LANDEFRICUS (Lanfricus.] The lord of the soil, or the landlord: from Saxon land, and riga rector. Leg. Ethelred, c. 6. LANDEGANDMAN. One of the inferior tenants of a manor. See Spelman.

VOL. II.

LAND-GABLE. A tax or rent issuing out of land, according to Domesday. Spelman says a penny for every house; the Welsh used pridgavel or landgavel.

This Landgavel or Landgabel, in the register of Domesday, was a quit-rent for the site of a house, or the land whereon it stood, the same with what we now call ground-rent. Domesday; in Lincoln.

LANDIMERS, Agrimensores. Measurers of land, so called of old; from the Sax. Gemæra, i. e. Terminus; and hence we say Meers.

LANDIRECTA. In the Saxon times the duties which were laid upon all that held land were termed Trinoda necessitas, viz. expedition, burghbote and brigbote: which duties the Saxons did not call servitia, because they were not feodal, arising from the condition of the owners, but landirecta, rights that charged the very land, whoever did possess it. Spelm. of Feuds. See Trinoda Necessitas.

LANDLORD. He of whom lands or tenements are holden; and a landlord may distrain on the lands of common right, for rent services, &c. Co. Lit. 57, 205. In London, if a tenant commit felony, &c. whereby his goods and chattels become forfeit; the landlord shall be paid his rent for two years, before all other debts, except to the King, out of the goods found in the house. Priv. Lond. 75. See London. LANDLORD and TENANT. For the law relating to, see Distress, Ejectment, Lease, Rent, Replevin, &c. LAND-MAN, Terricola. The terre-tenant. LAND-TAX. A tax imposed in Great Britain on lands and tenements (and on personal property,) by acts formerly passed annually for that purpose.

The assessment or valuation of estates hereafter mentioned, made in the year 1692, though by no means a perfect one, had this effect, that a supply of half a million sterling was equal to Is. in the pound of the value of the estates given in. And according to this valuation, from the year 1693 to 1798, the land-tax continued an annual charge upon the subject, above half the time at 4s. in the pound; sometimes at 3s. ; sometimes at 2s.; twice at 1s. (A. D. 1732 and 3;) but without any total intermission.

By statute 38 Geo. 3. c. 60. this tax, as imposed by the last annual act, 38 Geo. 3. c. 5. on lands and tenements in Great Britain, is made perpetual; being fixed under that act at 4s. in the pound.-A duty of 4s. in the pound on pensions, offices, and personal estates, in England and Wales, has since that time been annually granted.

By the act 38 Geo. 3. c. 60. the land-tax, so by that act made perpetual, is also made subject to redemption or purchase, either by the owner of the land liable to the tax, or on failure of redemption by him within certain periods, then by any other person inclined to purchase: the sums paid for such redemption or purchase are made applicable to the decrease of the national debt: the purchase-money being in all cases so regulated by the price of the funds as to produce an interest one-eleventh part more than the amount of the landtax redeemed or purchased.-Two modes of sale are allowed, the one by which the land is actually exonerated from the tax, and the other by which the tax remains chargeable on the land, but becomes payable to the person purchasing: the first of these is therefore properly redemption: the latter purchase.

The act 38 Geo. 3. c. 60. was amended by several subsequent acts; and by 42 Geo. 3. c. 116. (and acts still subsequent, viz. 45 Geo. 3. c. 77; 46 Geo. 3. c. 133; 49 Geo. 3. c. 67; 50 Geo. 3. c. 58; 51 Geo. 3. c. 99; 52 Geo. 3. c. 80; 54 Geo. 3. c. 173; 57 Geo. 3. c. 100,) more effectual provisions are made for carrying the measure into effect. By all these several acts powers are given to corporations, tenants in tail, &c. to sell part of their estate for the purpose of exonerating the remainder from the land tax.-By 46 Geo. 3. c. 133. small livings and the lands of charitable institutions may be exonerated gratis.

F

By the 7 & 8 Geo. 4. c. 75; 9 Geo. 4. c. 38; 2 & 3 W. 4. c. 127; 3 & 4 W. 4. c. 95; and 4 & 5 W. 4. c. 60., various additional commissioners have been appointed, and a number of new regulations made, for carrying the acts relating to the land-tax into execution.

By the 4 & 5 W. 4. c. 11., continuing the duties on offices and pensions, those on personal estates having been taken off by the 3 & 4 W. 4. c. 121., the sums paid into the Exchequer in contracts for the redemption of the land-tax, under the directions of the 42 Geo. 3. c. 116. are hereafter to be placed to the account of the consolidated fund.

The ancient method of taxation was by escuage, which was on land held by knight service; and by talliage on the cities and boroughs; and it was made in this manner: when the king wanted money for his wars, those tenants that did not attend him in person paid him an aid, and the aid was assessed before the justices itinerant. It was generally a gift of all the inhabitants as a body corporate; if they did not give according to the wants of the crown, the justiciar inquired into their behaviour, and if there were any forfeitures of their charters, quo warrantos came out, to seize their liberties into the king's hands. But Edward I. found this way of taxing by escuage and taliage to be very incomplete, because wars were drawn out into great length and expense; and therefore he formed into distinct bodies the tenants in capite that held great baronies, and these were called the barones majores, (the now Peers of Parliament,) and the representatives of the barones minores and of several corporations, viz. the citizens and burgesses, of whom he made one body; which now composes the House of Commons. Gilb. Treat. of the Excheq. 192. King Edward I. confirmed to the people Magna Charta, which they had long contended for, and also the charter of the forests; and for Magna Charta they granted the king a fifteenth, by the name of quindecimam partem omnium bonorum; so that instead of particular assessments in cities and boroughs, there was one universal assessment of the fifteenth of all their substance: this fifteenth seems to have been at first made out of the ecclesiastical tenth; for the popes claimed the tenths of all benefices; it was therefore easy to know, by the pope's collections of his tenths, what was the value of every ecclesiastical benefice, for the pope's tenth was reckoned at 2s. per pound, and therefore the fifteenth must be 1s. 4d. The benefice consisted of the glebe and the tenth part of the township; therefore by the value of the benefice, deducting the glebe, they knew the true value of the township, and how to set a fifteenth upon it: so that the fifteenth of the townships were certain sums, set by the king's taxors and collectors under the act of parliament; and commissions were granted to the taxors and collectors of them under the great seal; but in collecting of the fifteenths the sums only appeared in the books below. And the collectors of every township either returned their collection into the Exchequer, or else there were head collectors for the whole county, who returned it thither; there were likewise commissioners appointed, to supervise such taxation and collections. But about the time of Edward III. there were certain established sums set upon every township; and so as the king's wants increased, they gave one, two, or three fifteenths. See Gilb. 193, 194.

We find in the times of Henry VIII., Queen Elizabeth, and King James I., that they raised both subsidies and fifteenths; this was, because the value of things increased, and therefore the old fifteenths were not according to the then true value of townships. And therefore they contrived that the subsidy should be raised by a pound-rate upon lands, and likewise a pound-rate upon goods; and we find in the subsidy 4 Charles I. (which is said to be the greatest subsidy that ever was given, and which passed upon the petition of right,) there was 4s. in the pound laid upon land, and 2s. 8d. upon goods. Now 4s. upon land amounts to three fifteenths, and 2s. 8d. which was upon goods, to two fifteenths; but in this they had no regard to the old rates made in the tax-book of the

several townships, otherwise than to discover the value of the lands; but a method is chalked out by the act of parliament to appoint commissioners, assessors, and collectors, in order to rate and get in the said subsidy. Ibid.

This was found very inconvenient, because the commissioners used to be favourable to their own county, therefore it was found necessary to revive so far the ancient method as to appoint a certain sum; and in the time of the civil war the Long Parliament would not settle any persons to appoint commissioners, but the appointment of commissioners was made in the act itself: and in this new manner of taxing, they appointed the sum to be levied on each particular county, in the act itself, as well as the commissioners' names, and where to levy it; and the six associated counties, viz. London, Middlesex, Kent, Sussex, Surrey, and Hertford, being not spoiled and pillaged in the civil wars, and more hearty to the parliament interest, were taxed higher than any other counties in England. Gilb. 194, 195, 196.

After the Revolution, to support King William in his wars with France, it was necessary to come into a land-tax; and from 1684 to 1693 the tax was made by a pound-rate, like the former subsidies; but when the people found that the war was likely to hold, about 1693, the tax was mightily lessened, every body being willing to ease his neighbour; and then they came to lay a rate upon every county, and the associating counties, being very zealous for the government in the Revolution, and having taxed themselves higher than their neighbours in 1693, it was argued that those counties were better able to bear the tax, and therefore in 1693 they laid the disproportioned sums which became the standard of the land-tax. Ibid.

LAND-TENANT. He that possesses land let, or hath it in his manual occupation. 14 Edw. 3. stat. 1. c. 3. See Tertenant.

LANGEMANNI. Lords of manors; the word is thus interpreted by Sir Edward Coke. 1 Inst. 5. They are mentioned in Domesday.

LANGEOLUM. An under garment made of wool, formerly worn by the monks, which reached down to their knees; so called because lanea fit. Mon. Ang. tom. 1. p. 419. LANGUAGE of Law Records, Pleadings, &c. See Pleading, I. 3.

LANIS DE CRESCENTIA WALLIE TRADUCENDIS ABSQUE CUSTUMA, &c. An ancient writ that lay to the customer of a port, to permit one to pass wool without paying custom, he having paid it before in Wales. Reg. Orig.279. LANTERIUM. The lantern, cupola, or top of a steeple. Cowell. edit. 1727. Angl. Sacr. p. 1. pag. 775. LANO NIGER. A sort of base coin, formerly current in this kingdom. Mem. in Scac. Mich. 22 Edw. 1.

LAPIS CALAMINARIS. Stealing, or removing with such intent, from any mine, bed, or vein, is felony by stat. 7 & 8 Geo. 4. c. 29. § 37. and punishable as simple larceny.

LAPIS MARMORIUS. A marble stone about twelve feet long and three feet broad, placed at the upper end of Westminster-hall, where was likewise a marble chair erected on the middle thereof, in which our kings anciently sat at their coronation dinner, and at other times the Lord Chancellor. Over this marble table are now erected the Courts of Chancery and King's Bench. Orig. Juridical.

LAPIS PACIS. The same with Osculum pacis. Du Fresne. LAPSE [Lapsus.] A slip or omission of a patron to present to a church, within six months after it becomes void. See Advowson, II.

LAPSED LEGACY. See Legacy.

LARCENY [Fr. Larrecin; Lat. Latrocinium.] A theft or felony of another's goods.

Blackstone, with more immediate reference to its derivation, Latrocinium, always spells the name thus, LARCINY; and distinguishes the offence into two sorts, simple Larciny, or plain theft unaccompanied with any other atrocious circum

1785, No. 74; and the property stolen must be such as may reasonably be construed the furniture of the sort of lodging taken. Leach's Hawk. P. C. 1. c. 33. § 13, in n.

stance, and mixed or compound Larciny; which also includes in it the aggravation of a taking from the house, or person. 4 Comm. c. 17. As to that species of the latter which consists in an open and violent taking from the person, see Robbery. If the clerk of a banker or merchant has the care of Formerly this offence was designated, either grand or petit money, or if he has access to it, for special and particular larceny, according to the value of the thing stolen: the for- purposes, and is sent to the bag or drawer for money, for mer being the technical description if the value exceeded the purpose of paying a bill, or if he is sent for the purpose twelve pence; the latter, if not amounting to that sum. But of bringing money generally out of the bag or drawer, and, now, by the 7 & 8 Geo. 4. c. 29. §. 2. the distinction between at the time he brings that money, he clandestinely and segrand and petit larceny is abolished, and every larceny, cretly takes out other money for his own use, he is as much whatever be the value of the property stolen, shall be subject guilty of a felony as if he had no permission or access to it to the same incidents in all respects as grand larceny; and whatever. So if a servant be sent to a library for one partievery Court whose power was before limited to the trial of cular book, and he takes another, or being sent for a hat and petty larceny, shall have power to try every larceny, the pu- sword, and he steals a cane; in all these cases it has been nishment of which cannot exceed the punishment mentioned said the offenders are guilty of felony, for though the proin the act for simple larceny, and also to try all accessaries perty is delivered, the possession of it remains in the true to such larceny. owners. O. B. 1784, p. 1295, 1304. So also where a person being left in an apartment pawns the furniture or other property under his care, with a felonious design to steal it, it is felony. O. B. 1785, p. 717; O. B. 1786; Leach's Hawk. P. C. 1. c. 33. § 6. in n.

The offence of larceny or larciny, then (for either mode of spelling may be adopted) shall be considered according to the following arrangement:

I. 1. Of Simple Larceny.

2. Of its Punishment.

II. Of mixed or compound Larceny. 1. In a Dwelling House, &c.

2. From the Person.

I. 1. Simple Larceny is, "the felonious taking and carrying away of the personal goods of another."

First, It must be a taking. This implies the consent of the owner to be wanting. Therefore no delivery of the goods from the owner to the offender, upon trust, can ground a larceny. As if A. lends B. a horse, and he rides away with him; or if one sends goods by a carrier, and he carries them away, these are no larcenies. 1 Hal. P. C. 504. But if the carrier opens a bale or pack of goods, or pierces a vessel of wine, and takes away part thereof, or if he carries it to the place appointed, and afterwards takes away the whole, these are larcenies; for here the animus furandi is manifest, since in the first case he had otherwise no inducement to open the goods, and in the second the trust was determined, the delivery having taken its effect. 3 Inst. 107. But bare nondelivery shall not of course be intended to arise from a felonious design; since that may happen from a variety of other accidents. Neither by the common law was it larceny in any servant to run away with the goods committed to him to keep, but only a breach of civil trust. But if he had not the possession but only the care and oversight of the goods, as the butler of plate, and the shepherd of sheep, and the like, the embezzling of them is felony and larceny at common law. 1 Hal. P. C. 506, 3 Inst. 108. So if a guest rob his inn or tavern of a piece of plate, it is larceny, for he hath not the possession delivered to him but only the use. 1 Hawk. P. C. 33, § 6.

By the 7 & 8 Geo. 4. c. 29. § 45. (repealing 3 & 4 Will, & Mary, c. 9. the former stat. relating to this subject,) it is declared to be felony if a tenant or lodger steal any chattel or fixture let to be used by him in or with house or lodging, and the indictment may be in the common form for larceny.

any

It was decided upon the former statute, that a wife could not be guilty with her husband, for she was under his coercion. O. B. 1783, No. 30. Nor without her husband, if it appeared the lodgings were let to him. O. B. 1761, No. 17. Nor even if it appeared that the lodgings were let jointly to both the husband and wife, for that was construed to be the act of the husband only. O. B. 1758, No. 105. now, by the recent statute, the wife may be found guilty without her husband, although the lodgings were taken by him. Under the former act it was held that the offender must be a lodger at the time the larceny is committed, O. B.

But

Where by a delivery of goods not only the possession but the right of property passes, it is clear no subsequent conversion can be construed into larceny, whatever the intent of the party may be. Thus, where the defendant bought a horse at a fair, of the prosecutor, to whom he was known, and, having mounted the horse, said to the prosecutor, that he would return immediately and pay him, to which the prosecutor answered " very well;" the defendant rode the horse away, and never returned: this was holden to be no larceny, because the property as well as the possession was parted with. R. v. Harvey, 1 Leach, 467. 2 East, P. C. 669. So where the defendant bought goods and desired them to be sent to him, with a bill and receipt; and the shopman who brought them left them, upon being paid for them by two bills, which, however, afterwards turned out to be mere fabrications; the judges held that this was not larceny, because the prosecutor had parted with the property as well as the possession, upon receiving what was deemed at the time, by his servant, to be payment. R. v. Parkes, 2 Leach, 614. 2 East, P. C. 671. Where the servant of a pawnbroker, who had a general authority from his master to act in his business, delivered up a pledge to the pawner upon receiving a parcel, which he supposed to contain diamonds, and under that belief parted with the pledge entirely, but the parcel contained stones of no value, this was holden to be no larceny. R. v. Jackson, R & M. 119. So, where the defendant sent to a hatter, in the name of one of his customers, for a hat, and it was accordingly delivered to the messenger, upon the credit of the customer; the judges held, that this was not larceny, the owner having parted with his property in the hat. R. v. Adams, R. & R. 225.

Under some circumstances a man may be guilty of felony in taking his own goods; as if he steals them from a pawnbroker, or any one to whom he hath delivered and entrusted them, with intent to charge such bailee with the value; or if he robs his own messenger on the road, with intent to charge the hundred with the loss according to the statute of Winchester (now repealed.) Fost. 123, 4.

So where the owner delivers goods to a carrier, and afterwards secretly steals them from him with an intent to charge him with them, &c. because the carrier had a special property, and the possession for a time. 3 Inst. 110: Dalt. 373: Pult. 126.

In further explanation of this part of the subject the following is deserving of attention:

To make the crime of larceny there must be a felonious taking; or an intent of stealing the thing, when it comes first to the hands of the offender, at the very time of receiving. 3 Inst. 107: Dalt. 367. And if one intending to steal goods, gets possession of them by ejectment, replevin, or other

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