THE LAW-DICTIONARY: EXPLAINING THE RISE, PROGRESS, AND PRESENT STATE, OF THE ENGLISH LAW, IN THEORY AND PRACTICE; DEFINING AND INTERPRETING THE TERMS OR WORDS OF ART; AND COMPRISING COPIOUS INFORMATION, HISTORICAL, POLITICAL, AND COMMERCIAL, ON THE SUBJECTS OF OUR LAW, TRADE, AND GOVERNMENT. ORIGINALLY COMPILED By GILES JACOB; AND continued by Him, and other Editors, through TEN EDITIONS: NOW GREATLY ENLARGED AND IMPROVED, BY MANY MATERIAL CORRECTIONS AND ADDITIONS, FROM the latest STATUTES, REPORTS, and other ACCURATE PUBLICATIONS; By T. E. TOMLINS, OF THE INNER TEMPLE, BARRISTER AT LAW. IN TWO VOLUMES. VOL. I. LONDON: PRINTED BY ANDREW STRAHAN, LAW PRINTER TO THE KING'S MOST EXCELLENT MAJESTY; FOR T. LONGMAN, B. LAW, C. DILLY, G, G. & J. ROBINSON, T. CADELL, A. STRAHAN, J. JOHNSON, W. LOWNDES, E. & R. BROOKE, G. & T. WILKIE, D. OGILVY & SON, W. BROwn, J. BUTTERWORTH, E. NEWBERY, W. CLARKE & SON, J. DEIGHTON, R. PHENEY, J. WALKER, & R. BANISTER. 1797. 1947-11. PREFACE. TH HE UTILITY of a Dictionary, containing not only a Definition and Explanation of the Terms used in the Science of the ENGLISH LAW, but also a general Summary of the Theory and Practice of the Law itself, having been fo fully evinced by the fuccess of Ten Editions of the Work on which the Volumes here presented to the Reader are founded; any obfervations upon that subject would be fuperfluous :-Something, however, is requisite to introduce the following Sheets; as due both to the Proprietors and the Editor of this General Law-Dictionary; which is offered to the attention and patronage, not only of THE PROFESSION, but of ALL who wish to obtain a knowledge of the Duties impofed upon them, and the Rights fecured to them, by the Laws of their Country. IT IS Now more than Four Years fince the Proprietors of JACOB's Law-Dictionary (the laft Edition of which was published in the year 1782) applied to the present Editor, to prepare the Work for republication. This he very cheerfully undertook imagining at first that nothing more could be required than to employ his attention on fuch Statutes and Reports as the course of time had produced fince that Edition: little aware that a thorough Revifal of the whole had become abfolutely neceffary, from the numerous Improvements in our Law; which had by no means been fufficiently attended to, either in that, or even in the preceding Edition. A CURSORY PERUSAL of Jacob's Dictionary foon convinced the Writer, that, to render the Work really useful to the Profeffion and the Public, in the present State of the Law, much Labour, Time, and Study must be employed; that unremitting Diligence alone could collect and digeft the materials for fuch a Compilation; and that, ftrictly keeping in view JACOB's original Plan, it would demand fome Judgment fo to arrange, fimplify, and methodize the Information obtained, as to preserve the general Character of the Work, and yet to introduce every proper Correction and Improvement. Спорха) 7608 .49 A 2 To PREFACE. TO THIS TASK then he seriously applied himself.-He first carefully examined the Text, as it stood in the Tenth Edition.-Here he found much found Learning on the Origin and Antiquity of our Law, defaced with unfkilful Interpolations: Innumerable Statutes, long repealed, detailed at large as Exifting Laws: The other Statutes. quoted throughout the Work, (by continued errors of the Prefs through various Editions,) incorrectly cited: Except in some few instances, a want of Method, and Poverty of Language, pervading the whole body of the Work: And the Improvements of our Law, during the laft Thirty Years and more, either wholly paffed over, or very fuperficially noticed. HIS NEXT STEP, therefore, was to correct the Errors which appeared.-Solely to perform this was a long and tedious labour: Every Statute quoted has been examined; and it is by no means an exaggeration to fay, that many thousand Errors, in this particular alone, have been detected and amended.-To erase whatever was fuperfeded or contradicted by modern Laws or Determinations, was next requifite: And, when thus much was performed, a vast void remained, to be filled up with a Summary of the State of the Law, as at prefent exifting. IN MANY INSTANCES, where the Law relative to one Subject was scattered through the Book, the whole has been brought together under a fingle Title, confolidated, re-arranged, and enlarged; and the proper References made from Title to Title t. In fome few others, it was found convenient to remove the whole of a Title, as it flood in the former Work; and to fupply its place by a New Abridgment of the Law on that particular Subject ‡.-In no cafe, however, has any alteration been made, without mature confideration, and a fincere wish for the Improvement of the Work, and the Instruction of the Reader. IN THE NEXT PLACE, The Editor confidered himfelf called upon to introduce many New Titles; fome on the Origin and Antiquity of our Law §; and feveral connected with the Commercial Concerns of the Country ; which had for the most part been entirely omitted, or at best very flightly referred to, by JACOB or his Continuators.-Thefe Additions, it is believed, do not make lefs than One Fourth Part of the prefent Volumes. Titles HIGHWAYS, TURNPIKES; and others. + AWARD, ARBITRATION;-HOMICIDE, MURDER, MANSLAUGHTER ;-EXECUTOR, ADMINISTRATOR;-ADVOWSON, PRESENTATION, USURPATION; and very many others. I BANKRUPT, BILL OF EXCHANGE, HIGHWAYS, WILLS, &C. TENURES, &c. HEAST INDIA COMPANY, NAVIGATION-ACTS, INSURANCE, &C. &C. 6 To. To ENABLE HIMSELF to perfect the Plan which his Mind foon formed, in the order above stated, The Editor has applied to all fuch Publications as feemed more immediately adapted to his purpose.. THE STATUTES have been perufed with peculiar care and diligence: Almost all which are material, even to the end of the Seffion of Parliament in 1796, are introduced; and throughout the Work, it is believed, that none are omitted to be noticed which paffed before the Thirty-third year of the present Reign. The long time which the Dictionary has taken in going through the Press, has therefore, it is hoped, on the whole, operated rather to the benefit than the prejudice of All who may have occasion to confult it. TO THE excellent Series of modern TERM-REPORTS in the Courts of WestminsterHall, which have appeared within the last ten years:-To the various new Editions of former Reports, and other Law-Books of long-established reputation; in alluding to which, it would be injustice not to particularife The Coke upon Littleton, Peere Williams's Reports, and Hawkins's Pleas of the Crown:-Together with many other smaller Volumes well deferving notice, as including Systems of particular branches of the Law-To all these recourfe has been had; and the Information contained in them has been applied to the present purpose, with a care and attention which, the Editor trufts, have not been totally fruitless. BUT, above all, THE COMMENTARIES of the learned Blackstone have been fully and freely applied to, and the most material parts of them adopted; fometimes abridged; but more frequently enlarged by Additions from the various fources above alluded to. The Edition laft published has been used, whenever the Term of its publication allowed; and many of the new Notes there introduced have been added to the mass of modern intelligence here presented to the Reader. WHENEVER, in confulting any of the above Authorities, the Writer of this had occafion to question or differ from the pofitions there laid down, he intended to state his diffent, with modesty and candour.-To Error every Author is liable-Opere in longo fas eft. Many mistakes have been filently corrected in all the Books confulted on this occafion. The Editor feeks only that Indulgence which he has bestowed, with a liberality more unbounded than can well be imagined. SYSTEMATICAL |