Blacks Law Dict. 1st ed

708

LEX BENEFICIALIS, ETC.

LEX

Other specific meanings of the word in Bo man jurisprudence were as follows: Positive law, as opposed to natural. That system of law which descended from che Twelve Tables, and formed the basis of all the Roman law. The terms of a private covenant; the con dition of an obligation. A form of words prescribed to be used upon particular occasions. In the language of the middle ages, "lex" meant a body or collection of law; not a "code," in the proper sense of that term. Mackeld. Rom. Law, § 98. In old English, law. A body or collec tion of law; particularly, the Roman or civil law. Also the oath of a party with compur gators; as legem facere, legem vadiare, etc. Sometimes in the sense of legal rights; civil rights; the protection of the law; as in the phrase "legem amittere." LEX JELIA SENTIA. In Roman law. The JElian Sentian law, respecting wills, proposed by the consuls -iEhus and Sentius, and passed A. U. C. 756, restraining a master from manumitting his slaves in certain cases. Calvin. Lex sequitate gaudet. Law delights in equity. Jenk. Cent. p. 36, case 69. LEX AGRARIA. In Roman law. The agrarian law. A law proposed by Tiberius Gracchus, A. U. C. 620, that no one should possess more than Gve hundred acres of land; and that three commissioners should be ap pointed to divide among the poorer people what any one had above that extent. LEX ALAMANNOEUM. The law of the Alemanni; first reduced to writing from the customs of the country, by Theodoric, king of the Franks, A. D. 512. Amended and re-enacted by Clotaire II. Spelman. Lex aliquando sequitur sequitatem. Law sometimes follows equity. 3 Wils. 119. LEX AMISSA. One who is an infa mous, perjured, or outlawed person. Bract, lib. 4, c. 19. LEX ANGLIiE. The law of England. The common law. Or, the curtesy of Eng land. Lex Anglise eat lex misericordi®. 2 Inst. 315. The law of England is a law of mercy. Lex Anglise non patitur absurdum. 9 Coke. 22a. The law of England does not suffer an absurdity.

Lex AnglisB nunquam matris sed sem per patris conditionem imitari partum judicat. Co. Litt. 123. The law of England rules that the offspring shall always follow the condition of the father, never that of the mother. Lex Anglise nunquam sine parliamen to mutari potest. 2 Inst. 218. The law of England cannot be changed but by parlia ment. LEX AFOSTATA. Athing contrary to law. Jacob. LEX APPARENS. In old English and Norman law. Apparent or manifest law. A term used to denote the trial by battel or duel, and the trial by ordeal, "leco" having the sense of process of law. Called "appar ent" because the plaintiff was obliged to make his right clear by the testimony of wit nesses, before he could obtain an order from the court to summon the defendant. Spel man. LEX AQUILIA. In Roman law. The Aquilian law; a celebrated law passed on the proposition of the tribune C. Aquilius Gallus, A. U. C. 672, regulating the compensation to be made for that kind of damage called "in jurious," in the cases of killing or wounding the slave or beast of another. Inst. 4, 3; Calvin. LEX ATILIA. The Atilian law; a law of Rome proposed by the tribune L. Atiliua Regulus, A. U. C. 443, regulating the ap pointment of guardians. LEX ATINIA. In Roman law. The Atinian law; a law declaring that the prop erty in things stolen should not be acquired by prescription, (usucapione.) Inst. 2,6, 2; Adams, Rom. Ant. 207. LEX BAIUVARIORUM, (BAIORIO RUM, or BOIORUM.) The law of the Bavarians, a barbarous nation of Europe, first collected (together with the law of the Franks and Alemanni) by Theodoric I., and finally completed and promulgated by Dago bert. Spelman. LEX BARBARA. The barbarian law. The laws of those nations that were not sub ject to the Roman empire were so called. Spelman. Lex beneflcialis rei oonsimili reme dium prsestat. 2 Inst. 689. A beneficial law affords a remedy for a similar case.

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