Blacks Law Dict. 1st ed

LOST OR NOT LOST

735

LOYAL

value, or some part of it escapes. It is actual when the destruction of the thing is real and sub stantial. It it constructive when the injury, with out entire destruction, is such as to entitle the as sured to abandon the property to the underwriter and claim as for an actual loss. See ACTUAL TOTAL LOBS. LOST OR NOT LOST. A phrase some times inserted in policies of marine insurance to signify that the contract is meant to relate back to the beginning of a voyage now in progress, or to some other antecedent time, and to be valid and effectual even if, at the moment of executing the policy, the vessel should have already perished by some of the perils insured against, provided that neither party has knowledge of that fact or any ad vantage over the other in the way of supe rior means of information. LOST PAPERS. Papers which have been so mislaid that they cannot be found after diligent search. LOT. The arbitrament of chance; haz ard. That which fortuitously determines what course shall be taken or what disposition be made of property or rights. A share; one of several parcels into which property is divided. Used particularly of land. The thirteenth dish of lead in the mines of Derbyshire, which belonged to the crown. LOT AND SCOT. In English law. Certain duties which must be paid by those who claim to exercise the elective franchise within certain cities and boroughs, before they are entitled to vote. It is said that the practice became uniform to refer to the poor rate as a register of "scot and lot" voters; so that the term, when employed to define a right of election, meant only the payment by a parishioner of the sum to which he was as sessed on the poor-rate. Brown. LOT OF LAND. A small tract or par eel of land in a viilage, town, or city, suita ble for building, or for a garden, or other similar uses. See 28 N. J. Law, 44; 37 N. J. Eq. 486; 28 Minn. 17, 8 N. W. Rep. 830. LOTHERWITE, or LEYERWIT. In old English law. A liberty or privilege to take amends for lying with a bondwoman without license. LOTTERY. A lottery is any scheme for the disposal or distribution of property by chance among persons who have paid, or promised or agreed to pay, any valuable con sideration for the chance of obtaining such

property, or a portion of it, or for any share of or interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a "lottery," a "raffle," or a "gift enterprise," or by whatever name the same may be known. Pen. Code Cal. § 319; Pen. Code Dak. § 373. A lottery is a distribution of prizes by chance or lot, where a valuable consideration is given for the chance of drawing a prize. 1 Abb. (U. S.) 275; 42 Tex. 580; 8 Phila. 457. Lou le ley done chose, la oeo done remedie a vener a ceo. 2 Rolle, 17. Where the law gives a right, it gives a rem edy to recover. LOUAGE. FT. This is the contract of hiring and letting in French law, and may be either of things or of labor. The varieties of each are the following: 1. Letting of things,— Bail a loyer being the letting of houses; bail aferme being the letting of lands. 2. Letting of labor,— loyer being the let ting of personal service; bail a cheptel being the letting of animals. Brown. LOURCURDUS. A ram or bell-wether. Cowell. LOVE-DAY. In old English law. The day on which any dispute was amicably set tled between neighbors; or a day on which one neighbor helps another without hire. Wharton. LOW JUSTICE. In old European law. Jurisdiction of petty offenses, as distinguished from "high justice," (q. v.) LOW WATER. The furthest receding point of ebb-tide. 13 How. 417. LOW-WATER MARK. That line on the shore of the sea which marks the edge of the waters at the lowest point of the or dinary ebb tide. See 60 Pa. St. 339; 26 Me. 384. LOWBOTE. A recompense for the death of a man killed in a tumult. Cowell. L O W E R S . Fr. In French maritime law. Wages. Ord. Mar. liv. 1, tit. 14, art. 16. LOYAL. Legal; authorized by or con forming to law. Also faithful in one's polit ical relations; giving faithful support to one's prince or sovereign or to the existing govern ment.

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