In English practice. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living. 3 Bl. Comm. 91; 3 Steph. Comm. 711. So termed from the emphatic word of the Latin form. Reg. Orig. 35b, 36. … [Read more...]

executory devise. A general failure of issue, whenever it may happen, without fixing a time, or certain or definite period, within which it must take place. The issue of the first taker must be extinct, and the issue of the issue ad infinitum, without regard to the time or any particular event. 2. Bouv. Inst. n. 1849. A failure of issue not merely at the death of the party … [Read more...]

Not dependent; not subject to control, restriction, modification, or limitation from a given outside source. Independent contract. See Contract. Independent contractor. In the law of agency and of master and servant, an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods and without being subject … [Read more...]

(A) Latin term for signs or an indication that there is the probability of something, e.g. indicia of title, the suggestion that there is title held. (B) civil law. Signs, marks. Example: in replevin, the chattel must possess indicia, or earmarks, by which it can be distinguished from all others of the same description. This term is very nearly synonymous with the common law … [Read more...]

A bequest of things which are not enumerated or ascertained as to numbers or quantities; as, a bequest by a testator of all his goods, all his stocks in the funds. … [Read more...]