KFLCC Kingdom Law 2nd Ed.

725

LIEN

LICET

that an action cannot be sustained, or that there is no ground upon which to found the action. —Lie in franchise. Property is said to "lie in franchise" when it is of such a nature that the persons entitled thereto may seize it without the aid of a court; e. g., wrecks, waifs, estrays. —Lie in grant. Incorporeal hereditaments are said to "lie in grant;" that is, they pass by force of the grant (deed or charter) without livery.— Lie in livery. A term applied to cor poreal hereditaments, freeholds, etc., signifying that they pass by livery, not by the mere force of the grant.— Lie in wait. See LYING IN WAIT. A cottage must have had four acres of land laid to it. See 2 Show. 279. An old form of "lieu tenant," and still retained as the vulgar pro nunciation of the word. Bound by a feudal tenure; bound in allegiance to the lord paramount, who owned no superior. In old records. Full; absolute; perfect; pure. Liege widowhood was pure widow hood. Cowell. —Liege homage. Homage which, when per formed by one sovereign prince to another, in cluded fealty and services, as opposed to sim ple homage, which was a mere acknowledgment of tenure. (1 Bl. Comm. 367; 2 Steph. Comm. 400.) Mozley & Whitley.— Liege lord. A sov ereign ; a superior lord.— Liege poustie. In Scotch law. That state of health which gives a person full power to dispose of, mortis causd or otherwise, his heritable property. Bell. A deed executed at the time of such a state of health, as opposed to a death-bed conveyance. The term seems to be derived from the Latin "legtttma potestas." LIE TO. To adjoin. LIEFTENANT. LIEGE. In feudal law. LIEN. A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act. In every case in which property, either real or personal, is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. Whitak. Liens, p. 1. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. Code Civil Proc. Cal. § 1180. In a narrow and technical sense, the term "lien" signifies the right by which a person in possession of personal property holds and de tains it against the owner in satisfaction of a demand; but it has a more extensive meaning, and in common acceptation is understood and used to denote a legal claim or charge on prop erty, either real or personal, for the payment of LIEGEMAN. He that oweth allegiance. Cowell. LIEGER, or LEGER. A resident am bassador. LIEGES, or LIEGE PEOPLE. Subjects.

LICET. Lat

From the verb

"licere,"

Import

Although; notwithstanding.

ing, in this sense, a direct affirmation. Also, it is allowed, it is permissible. —Licet ssepius requisitus. (Although often requested.) In pleading. A phrase used in the old Latin forms of declarations, and literally translated in the modern precedents. Yel. 66; 2 Chit. PI. 90; 1 Chit. PL 331. The clause in a declaration which contains the general aver ment of a request by the plaintiff of the defend ant to pay the sums claimed is still called the "hcet swpius requisitus." Licet dispositio de interesse futu.ro sit inutilis, tameu potest fieri declaratio prsecedens quae sortiatur effectum, in terveniente novo actu. Although the grant of a future interest be inoperative, yet a declaration precedent may be made, which may take effect provided a new act inter vene. Bac. Max. pp. 60, 61, reg. 14; Broom, Max. 498. Licita bene miscentur, formula nisi juris obstet. Lawful acts [done by several authorities] are well mingled, [i. e., become united or consolidated into one good act,] unless some form of law forbid. Bac. Max. p. 94, reg. 24. In Spanish law. The of fering for sale at public auction of an estate or property held by co-heirs or joint proprie tors, which cannot be divided up without det- • riment to the whole. In Roman law. To offer a price at a sale; to bid; to bid often; to make several bids, one above another. Calvin. An offering for sale to the highest bidder, or to him who will give most for a thing. An act by which co-heirs or other co-proprietors of a thing in common and undivided between them put it to bid between them, to be ad judged and to belong to the highest and last bidder, upon condition that he pay to each of his co-proprietors a part in the price equal to the undivided part which each of the said co proprietors had in the estate Itcited, before the adjudication. Poth. Cont. Sale, nn. 516, 638. LICITACION. LICITARE. La t LICITATION. In the civil law. LICKING OF THUMBS. An ancient formality by which bargains were completed. A sort of lynch law, whereby a person was first punished and then tried. Wharton. To subsist; to exist; to be sus tainable; to be proper or available. Thus .the phrase "an action will not lie" means LIDFORD LAW. LIE. LICITATOR. In Roman law. A bidder at a sale.