KFLCC Kingdom Law 2nd Ed.

734

LOCARK

LOAN

93 Wis. 393, 67 N. W. 715, 33 L. E. A. 166, 57 Am. St Hep. 928. L'obligation sans oaote, on sur one fausse cause, on sur cause illicite, ne pent avoir aucun eflet An obligation without consideration, or apon a false con sideration, (which fails,) or upon unlawful consideration, cannot have any effect. Code Civil, 3, 3, 4; Chit Cont (11th Am. Ed.) 25, note. LOCAL. Relating to place; expressive of place; belonging or confined to a particu lar place. Distinguished from "general," "personal," and "transitory." —Local act of parliament. An act which has for its object the interest of some particu lar locality, as the formation of a road, the alteration of the course of a river, the forma tion of a public market in a particular district, etc. Brown.—Local assessment. A charge in the nature of tax, levied to pay the whole or part of the cost of local improvements, and assessed upon the various parcels of property specially benefited thereby. Gould v. Balti more, 59 Md. 380.—Local chattel. A thing is local that is fixed to the freehold. Kitchin, 180.—Local courts. Courts whose jurisdic tion is limited to a particular territory or dis trict The expression often signifies the courts of the state, in opposition to the United States courts. People v. Porter, 90 N. Y. 75; Geraty v. Reid, 78 N. Y. 67.—Local freight. Freight shipped from either terminus of a railroad to a way station, or vice versa, or from one way station to another; that is, over a part of the road only. Mobile & M. R. Co. r. Steiner, 61 Ala. 579.—Local influence. As a statutory ground for the removal of a cause from a state court to a federal court, this means influence enjoyed and wielded by the plaintiff, as a resi dent of the place where the suit is brought, in consequence of his wealth, prominence, politi cal importance, business or social relations, or otherwise, such as might affect the minds of the court or jury and prevent the defendant from winning the case, even though the merits should be with him. See Neale v. Foster (C. C.) 81 Fed. 53.—Local option. A privilege ac corded by the legislature of a state to the sev eral counties or other districts of the state to determine, each for itself, by popular vote, whether or not licenses should be issued for the sale of intoxicating liquors within such dis tricts. See Wilson v. State, 35 Ark. 416; State v. Brown, 19 Fla. 598.—Local preju dice. The "prejudice or local influence" which will warrant the removal of a cause from a state court to a federal court may be either prejudice and influence existing against the par ty seeking such removal or existing in favor of his adversary. Neale v. Foster (C. CL) 31 Fed. 53. As to local "Action," "Agent," "Allegiance," "Custom," "Government," "Improvement" "Law," "Statute," "Taxes," and "Venue," see those titles. LOCALITY. In Scotch law. This name is given to a life-rent created in marriage contracts in favor of the wife, instead of leaving her to her legal life-rent of tierce. 1 Bell, Comm. 55. LOCABE. To let for hire; to deliver or bail a thing for a certain revrard or compen sation. Bract foL 62.

is an agreement by which one person delivers to another a certain quantity of things which are consumed by the use, under the obligation, by the borrower, to return to him as much of the same kind and quality. Giv. Code La. art. 2910. Loans are of two kinds,—for consumption or for use. A loan for consumption is where the article is not to be returned in specie, but in kind. This is a sale, and not a bailment. Code 6a. 1882, § 2125.—Loan for exchange. A loan for exchange is a contract by which one delivers personal property to another, and the latter agrees to return to the lender a similar thing at a future time, without reward for its use. Giv. Code Cal. § 1902.—Loan for use. The loan for use is an agreement by which a person delivers a thing to another, to use it according to its natural destination, or accord ing to the ageement, under the obligation on the part of the borrower to return it after he shall have done using it. Civ. Code La. art. 2893. A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Civ. Code Cal. § 1884. A loan for use is the gra tuitous grant of an article to another for use, to be returned in specie, and may be either for a certain time or indefinitely, and at the will of the grantor. Code Ga. 1882, § 2126. Loan for use (called "commodatum" in the civil law) differs from a loan for consumption, (called "mutuum" in the civil law,) in this: that the commodatum must be specifically returned; the mutuum is to be returned in kind. In the case of a commodatum, the property in the thing re mains in the lender; in a mutuum, the property passes to the borrower. Bouvier.—Loan, gra tuitous, (or commodate.) A class of bail ment which is called "commodatum" in the Ro man law, and is denominated by Sir William Jones a "loan for use," (prit-a-usage,) to dis tinguish it from "mutuum," a loan for consump tion. It is the gratuitous lending of an article to the borrower for his own use. Wharton.— Loan societies. In English law. A kind of club formed for the purpose of advancing money on loan to the industrial classes. LOBBYING. "Lobbying" is defined to be any personal solicitation of a member of a legislative body during a session thereof, by private interview, or letter or message, or other means and appliances not addressed solely to the judgment, to favor or oppose, or to vote for or against, any bill, resolution, report, or claim pending, or to be introduced by either branch thereof, by any person who misrepresents the nature of his interest in the matter to such member, or who is em ployed for a consideration by a person or cor poration interested in the passage or defeat of such bill, resolution, report, or claim, for the purpose of procuring the passage or de feat thereof. But this does not include such services as drafting petitions, bills, or reso lutions, attending to the taking of testimony, collecting facts, preparing arguments and me morials, and submitting them orally or in writing to a committee-or member of the leg islature, and other services of like character, intended to reach the reason of legislators. Code Ga. 1882, § 4486. And see Colusa Coun ty v. Welch, 122 Cal. 428, 55 Pac. 248; Trist v. Child, 21 Wall. 448, 22 L. Ed. 623; Dun ham v. Hastings Pavement Co., 56 App. Div. 244, 67 N. Y. Supp. 632; Houlton v. NichoL