KFLCC Kingdom Law 2nd Ed.

1213

VOUCHEE

VOLUNTARY

nor to any compensation for injuries sus tained by him in performing what he has un dertaken Sweet Also one who officiously pays the debt of another. See Irvine v. An gus, 93 Fed. 633, 35 C. C. A. 501; Arnold v. Green, 116 N. Y. 566, 23 N. E. 1; Bennett v. Chandler, 199 111. 97, 64 N. E. 1052; Welch v. Maine Cent. R. Co., 86 Me. 552, 30 Atl. 116, 25 L. R. A. 658. In military law, the term designates one who freely and voluntarily offers himself for service in the army or navy; as distinguished from one who is compelled to serve by draft or conscription, and also from one entered by enlistment in the standing army. VOTE. Suffrage; the expression of his will, preference, or choice, formally mani fested by a member of a legislative or delib erative body, or of a constituency or a body of qualified electors, in regard to the deci sion to be made by the body as a whole upon any proposed measure or proceeding, or the selection of an officer or representative. And the aggregate of the expressions of will or choice, thus manifested by individuals, is called the "vfote of the body." See Maynard v. Board of Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R. A. 332; Gillespie v. Palmer, 20 Wis. 546; Davis v. Brown, 46 W. Va. 716, 34 S. E. 839. —Casting vote. See that title.— Cumulative voting. See CUMULATIVE. VOTER. One who has the right of giv ing his voice or suffrage. VOTES AND PROCEEDINGS. In the houses of parliament the clerks at the tables make brief entries of all that is actually done; and these minutes, which are printed from day to day for the use of members, are called the "votes and proceedings of parlia ment" From these votes and proceedings the journals of the house are subsequently pre pared, by making the entries at greater length. Brown. VOTXJM. Lat A vow or promise. Dies votorum, the wedding day. Fleta 1. 1, c. 4. VOUCH. To call upon; to call in to war ranty ; to call upon the grantor or warrantor to defend the title to an estate. To vouch is to call upon, rely on, or quote as an authority. Thus, in the old writers, to vouch a case or report is to quote it as an authority. Co. Litt. 70a. VOUCHEE. In common recoveries, the person who is called to warrant or defend the title is called the "vouchee." 2 Bouv. Inst. no. 2093. —Common vouchee. In common recoveries, the person who is vouched to warranty. In this fictitious proceeding the crier of the court usual ly performs the office of a common vouchee. 2 Bl. Comm. 358; 2 Bouv. Inst n. 2093.

As to voluntary "Answer," "Assignment," "Bankruptcy," "Confession," "Conveyance," "Deposit," "Escape," "Jurisdiction," "Man slaughter," "Nonsuit," "Oath," "Payment," "Redemption," "Sale," "Settlement," "Trust," and "Waste," see those titles. Lat Properly, volition, purpose, or intention, or a design or the feel ing or impulse which prompts the commis sion of an act; but in old English law the term was often used to denote a will, that is, the last will and testament of a decedent, more properly called testomentum. Voluntas donatoris in charta doni sul manifesto expressa observetnr. Co. Litt 21. The will of the donor manifestly ex pressed in his deed of gift is to be observed. Volnntas est jnsta sententia de eo quod quis post mortem suam fieri velit. A will is an exact opinion or determination concerning that which each one wishes to be done after his death. Voluntas et propositum distinguunt maleficia. The will and the proposed end distinguish crimes. Bract, fols. 2o, 1366. Voluntas faeit quod in testamento scriptum valeat. Dig. 80, 1, 12, 3. It is intention which gives effect to the wording of a will. Voluntas in deliotis, non ezitus spec tatur. 2 Inst 57. In crimes, the will, and not the consequence, is looked to. Voluntas reputatur pro facto. The in tention is to be taken for the deed. 3 Inst 69; Broom, Max. 311. Voluntas testatoris est ambulatoria usque ad extremum vitce exitum. 4 Coke, 61. The will of a testator is ambulatory until the latest moment of life. Voluntas testatoris habet interpreta tionem latam et benignant. Jenk. Cent 260. The intention of a testator has a broad and benignant interpretation. Voluntas ultima testatoris est perim plenda secundum veram intentionem suam. Co. Litt 322. The last will of the testator is to be fulfilled according to his true intention. VOLUNTEER. In conveyancing, one who holds a title under a voluntary convey ance, i. e., one made without consideration, good or valuable, to support it A person who gives his services without any express or implied promise of remunera tion in return is called a "volunteer," and is entitled to no remuneration for his services, VOLUNTAS.