New York Lawyer WS
New York Layer, law dictionary, legal dictionary, dictionary online, word search, lawyer search, law and order, attorney, law school    

VERIFICATION, pleading. Whenever new matter is introduced on either side, the plea must conclude with a verification or averment, in order that the other party may have an opportunity of answering it. Carth. 337; 1 Lutw. 201; 2 Wils. 66; Dougl. 60; 2 T. R. 576; 1 Saund, 103, n. 1; Com. Dig. Pleader, E.

2. The usual verification of a plea containing matter of fact, is in these words, "And this he is ready to verify," &c. See 1 Chit. Pl. 537, 616; Lawes, Civ. Pl. 144; 1 Saund, 103, n. 1; Willes, R. 5; 3 Bl. Com. 309.

3. In one instance however, new matter need not conclude with a verification and then the pleader may pray judgment without it; for example, when the matter pleaded is merely negative. Willes, R. 5; Lawes on Pl. 145. The reason of it is evident, a negative requires no proof; and it would therefore be imper-tinent or nugatory for the pleader, who pleads a negative matter, to declare his readiness to prove it.

VERIFICATION, practice. The examination of the truth of a writing; the certificate that the writing is true. Vide Authentication.

VERMONT. The name of one of the new states of the United States of America. lt was admitted by virtue of "An act for the admission of the state of Vermont into this Union," approved February, 18, 1791, 1 Story's L. U. S. 169, by which it is enacted, that the state of Vermont having petitioned the congress to be admitted a member of the United States, Be it enacted, &c., That on the fourth day of March, one thousand seven hundred and ninety-one, the said state, by the name and style of "the state of Vermont," shall be received and admitted into this Union, as a new and entire member of the United States of America.

2. The constitution of this state was adopted by a convention holden at Windsor on the ninth day of July, one thousand seven hundred and ninety-three. The powers of the government are divided into three distinct branches; namely, the legislative, the executive, and the judicial.

3. - 1. The supreme legislative power is vested in a house of representatives of the freemen of the commonwealth or state of Vermont, ch. 2, 2. The house of representatives of the freemen of this state shall consist of persons most noted for wisdom and virtue, to be chosen by ballot, by the freemen of every town in this state respectively, on the first Tuesday in September, annually forever. Ch. 2, 8. The representatives so chosen, a majority of whom shall constitute a quorum for transacting any other business than raising a state tax, for which two-thirds of the members elected shall be present, shall meet on the second Thursday of the succeeding October, and shall be styled The General Assembly of the State of Vermont: they shall have power to choose their speaker, secretary of state, their clerk, and other necessary officers of the house - sit on their own adjournrments prepare bills, and enact them into laws - judge of the elections and qualifications of their own members; they may expel members, but not for causes known to their own constituents antecedent to their elections; they may administer oaths and affirmations in matters depending before them, redress grievances, impeach state criminals, grant charters of incorporation, constitute towns, boroughs, cities, and counties: they may annually, on their first session after their election, in conjunction with the council, or oftener if need be, elect judges of the supreme and several county and probate courts, sheriffs, and justices of the peace; and also, with the council may elect major generals and brigadier generals, from time to time, as often as there shall be occasion; and they shall have all other powers necessary for the legislature of a free and sovereign state: but they shall have no power to add to, alter, abolish, or infringe any part of this constitution. Ch. 2 9.

4. - 2. The supreme executive power is vested in a governor, or in his absence a lieutenant-governor, and council. Ch. 2, 3. The duties of the executive are pointed out by the second chapter of the constitution as follows:

5. - 10. The supreme executive council of this state shall consist of a governor, lieutenant-governor, and twelve persons, chosen in the following manner, viz. The freemen of each town shall, on the day of the election, for choosing representatives to attend the general assembly, bring in their votes for governor, with his name fairly written, to the constable, who shall seal them up, and write on them, votes for the governor, and deliver them to the representatives chosen to attend the general assembly; and at the opening of the general assembly there shall be a committee appointed out of the council and assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for the governor, and declare the person who has the major part of the votes to be governor for the year ensuing. And if there be no choice made, then the council and general assembly, by their joint ballot, shall make choice of a governor. The lieu-tenant-governor and treasurer shall be chosen in the manner above directed. And each freeman shall give in twelve votes, for twelve counsellors, in the same manner, and the twelve highest in nomination shall serve for the ensuing year as counsellors.

6. - 11. The governor, and, in his absence, the lieutenant-governor, with the council, a major part of whom, including the governor, or lieutenant-gov-ernor, shall be a quorum to transact business, shall have power to commission all officers, and also to-appoint officers, except where provision is, or shall be otherwise made by law, or this frame of government; and shall supply every vacancy in. any office, occasioned by, death, or otherwise, until the office can be filled in the manner directed by law or this constitution.

7. They are to correspond with other states, transact business with officers of government, civil and military, and to prepare such business as may appear to them necessary to lay before the general assembly. They shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the judges of the supreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in treason and murder; in which they shall have power to grant reprieves, but not to pardon, until after the end of the next session of the assembly; and except in cases of impeachment, in which there shall be no remission or mitigation of punishment, but by act of the legislature.

8. They are also to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by the general assembly. And they may draw upon the treasury for such sums as may be appropriated by the house of representatives. They may also lay embargoes, or probibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the house only. They may grant such licenses as shall be directed by law; and shall have power to call together the general assembly, when necessary, before the day to which they shall stand. adjourned. The governor shall be captain general and commander-in-chief of the forces of the state, but shall not command in person, except advised thereto by the council, and then only so long as they shall approve thereof. And the lieutenant-governor shall, by virtue of his office, be lieutenant-general of all the forces of the state. The governor or lieutenant-governor, and council shall meet at the time and place with the general assembly; the lieutenant-governor shall, during the presence of the commander-in-chief, vote and act as one of the council: and the governor and, in his absence, the lieutenant-governor, shall, by virtue of their offices, preside in council, and have a casting, but no other vote. Every member of the council shall be a justice of the peace, for the whole state, by virtue of his office. The governor and council shall have a secretary, and keep fair books of their proceedings, wherein any councillor may enter his dissent, with his reasons to support it; and the governor may appoint a secretary for himself and his council.

9. - 16. To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations, as much as possible, prevented, all bills which originate in the assembly shall be laid before the governor and council for their revision and concurrence, or proposals of amendment; who shall return the same to the general assembly, with their proposals of amendment, if any, in writing; and if the same are not agreed to by the assembly, it shall be in the power of the governor and council to suspend the passing of such bill until the next session of the legislature: Provided, that if the governor and council shall neglect or refuse to return any such bill to the assembly with written proposals of amendment, within five days, or before the rising of the legislature, the same shall become a law.

10. - 24. Every officer of state, whether judicial or executive, shall be liable to be impeached by the general assembly, either when in office or after his resignation or removal, for mal-administration. All impeachments shall be before the governor, or lieutenant governor and council, who shall hear and determine the same, and may award costs; and no trial or impeachment shall be a bar to a prosecution at law.

11. - 3. The judicial power is regulated by the second chapter of the constitution, as follows

12. - 4. Courts of justice shall be maintained in every county in this state, and also in new counties, when formed: which courts shall be open for the trial of all causes proper for their cognizance; and justice shall be therein impartially administered, without corruption or unnecessary delay. The judges of the supreme court shall be justices of the peace throughout the state; and the several judges of the county courts, in their respective counties, by virtue of their office, execpt in the trial of such causes as may be appealed to the county court.

13. - 5. A future legislature may, when they shall conceive the same to be expedient and necessary, erect a court of chancery, with such powers as are usually exercised by that court or as shall appear for the interest of the commonwealth: Provided, they do not constitute themselves the judges of the said court.

VERSUS. Against; as A B versus C D. This is usually abbreviated v.

VERT. Everything bearing green leaves in a forest. Bac. Ab. Courts of the Foreat; Manwood, 146.

VESSEL, mar. law. A ship, brig, sloop or other craft used in navigation . 1 Boul. Paty, tit. 1, p. 100 . See sup.

2. By an act of congress, approved July 29, 1850, it is provided that any person, not being an owner, who shall on the high seas, wilfully, with. intent to burn or destroy, set fire to any ship or other vessel, or otherwise attempt the destruction of such ship or other vessel, being the property of any citizen or citizens of the United States, or procure the same to be done, with the intent aforesaid, and being thereof lawfully convicted, shall suffer imprisonment to hard labor, for a term not exceeding ten years, nor less than three years, according to the aggravation of the offence.

TO VEST, estates. To give an immediate fixed right of present or future enjoyment; an estate is vested in possession when there exists a right of present enjoyment; and an estate is vested in interest, when there is a present fixed right of future, enjoyment. Feame on Rem. 2; vide 2 Rop on Leg. 757; 8 Com. Dig. App. h. t.; 1 Vern. 323, n.; 10 Vin. Ab. 230; 1 Suppl. to Ves. jr. 200, 242, 315, 434; 2 Id. 157 5 Ves. 511.

VESTED REMAINDER, estates. One by which a present interest passes to the party, though to be enjoyed in future, and by which the estate is invariably fixed to remain to a determinate person, after the particular estate has been spent. 2 Bouv. Inst. n. 1831. Vide Remainder.

VESTURE OF LAND. By this phrase is meant all things, trees excepted, which grow upon the surface of the land, and clothe it externally.

2. He who has the vesture of land has a right, generally, to exclude others from entering upon the superficies of the soil. 1 Inst. 4, b; Hamm. N. P. 151; pee. 7 East, R. 200; 1 Ventr. 393; 2 Roll. Ab. 2.

VETERA STATUTA. The name of vetera statuta, ancient statutes, has been given to the statutes commencing with Magna Charta', and ending with those of Edward II. Crabb's Eng. Law, 222.

b legislation. This is a Latin word signifying, I forbid.

2. It is usually applied to the power of the president of the United States to negative a bill which has passed both branches of the legislature. The act of refusing to sign such a bill, and the message which is sent to congress assigning the reasons for a refusal to sign it, are each called a veto.

3. When a bill is engrossed, and has received the sanction of both houses, it is transmitted to the president for his approbation. If he approves of it, he signs it. If he does not, he sends it, with his objections, to the house in which it originated, and that house enter the objections on their journals, and proceed to reconsider the bill. Coast. U. S. art. I, s. 7, cl. 2. Vide Story on the Const. 878; 1 Kent, Com. 239.

4. The governors of the several states have generally a negative on the acts of the legislature. When exercised with due caution, the veto power is some additional security against inconsiderate and hasty legislation, or where bills have passed through prejudice or want of due reflection. It was, however, mainly intended as a weapon in the hands of the chief magistrate to defend the executive department from encroachment and usurpation, as well as a just balance of the constitution.

5. The veto power of the British sovereign has not been exercised for more than a century. It was exercised once during the, reign of Queen Anne. Edinburgh Rev. 10th vol. 411, &c.; Parke's Lectures, 126. But anciently the king frequently replied Le roy s'avisera, which was in effect withholding his assent. In France the king had the initiative of all laws, but not the veto. See 1 Toull. art. 39; and see Nos. 42, 52, note 3.

VEXATION. The injury or damage which, is suffered in consequence of the tricks of another.

VEXATIOUS SUITS, torts. A vexatictus suit is one which has been instituted maliciously, and without probable cause, whereby a damage has ensued to the defendant.

2. The suit is either a criminal prosecution, a conviction before a magistrate, or a civil action. The suit need not be altogether without foundation; if the part which is groundless has subjected the party to an inconvenience, to which he would not have been exposed had the valid cause of complaint alone have been insisted on, it is injurious. 4 Taunt. 616; 4 Rep. 14 1 Pet. C. C. Rep. 210; 4 Serg. & Rawle, 19, 23.

3. To make it vexatious, the suit must have been instituted maliciously. As malice is not in any case of injurious conduct necessarily to be inferred from the total absence of probable cause for exciting it, and in the present instance the law will not allow it to be inferred from that circumstance, for fear of being mistaken, it casts upon the suffering party the onus of proving express malice. 2 Wils. R. 307; 2 Bos. & Pull. 129; Carth. 417; but see what Gibbs, C. J., says in Berley v. Bethune, 5, Taunt. 583; see also 1 Pet. C. C. R. 210; 2 Browne's R. Appx. 42, 49; Add. R. 270.

4. It is necessary that the prosecution should have been carried on without probable cause. The law presumes that probable cause existed until the party aggrieved can show to the contrary. Hence he is bound to show the total absence of probable cause. 5 Taunt. 580; 1 Campb. R. 199. See 3 Dow. Rep. 160; 1 T. Rep. 520; Bul. N. P. 14; 4 Burr. 1974; 2 Bar. & C. 693; 4 Dow. & R. 107; 1 Car. R. 138, 204; 1 Gow, Rep. 20; 1 Wils. 232; Cro. Jac. 194. He is also under the same obligation when the original proceeding was a civil action. 2 Wils. 307.

5. The damage which the party injured sustains from a vexatious suit for a crime, is either to his person, his reputation, his estate or his relative rights. 1. whenever imprisonment is occasioned by a malicious unfounded criminal prosecution, the injury is complete, although the detention may have been momentary, and the party released on bail. Carth. 416. 2. When the bill of indictment contains scandalous aspersions likely to impair the reputation of the accused, the damage is complete. See 12 Mod. 210; 2 B. & A. 494; 3 Dow., & R. 669. 3. Notwithstanding his person is left at liberty, and his character is unstained by the proceedings, (as where the indictment is for a trespass, Carth. 416,) yet if he necessarily incurs expense in defending himself against the charge, he has a right to have his losses made good. 10 Mod. 148,; Id. 214; Gilb. 185; S. C. Str. 978. 4. If a master loses the services and assistance of his domestics, in consequence of a vexatious suit, he may claim a compensation. Ham. N. P. 275. With regard to a damage resulting from a civil action, when prosecuted in a court of competent jurisdiction, the only detriment the party can sustain, is the imprisonment of his person, or the seizure of his property, for as to any expense, he may be put to, this, in contemplation of law, has been fully compensated to him by the costs adjudged. 4 Taunt. 7; 2 Mod. 306; 1 Mod. 4. But where the original suit was coram non judice, the party as the law formerly stood, necessarily incurred expense without the power of remuneration, unless by this action, because any award of costs the court might make would have been a nullity. However, by a late decision such an adjudication was holden unimpeachable, land that the party might well have an action of debt to recover the amount. 1 Wils. 316. So that the law, in this respect, seems to have taken a new turn, and, perhaps, it would now be decided, that no action can under any other circumstances but imprisonment of the person or seizure of the property, be maintained for suing in an improper court. Vide Carth. 189.

See, in general, Bac. Abr. Action on the case, H; Vin. Abr. Actions, H c; Com. Dig. Action upon the case upon desceit; 5 Amer. Law Journ. 514; Yelv. 105, a note 2; Bull. N. P. 13; 3 Selw. N. P. 535; Notes on Co. Litt. 161, a, (Day's edit.); 1 Saund. 230, n. 4; 3 Bl. Com. 126, n. 21, (Chit. edit.); this Dict. tit. Malicious Prosecution.

VEXED QUESTION, vexata quaestio. A question or point of law often discussed or agitated, but not determined nor settled.

VI ET ARMIS. With force and arms. When man breaks into another's close vi et armis, he may be opposed force by force, for there is no time to request him to go away. 2 Salk. 641; 8 T. R. 78, 357.

2. These words are universally inserted in a writ of trespass, because they point out that the act has been done with force, and they are technical words to designate this offence. Ham. N. P. 4, 10, 12; 1 Chit. Pl. 122 to 125; and article Force.

VIA. A cart-way, which also includes a foot-way and a horse-way. Vide Way.

VIABLE, Vitae habilis, capable of living. This is said of a child who is born alive in such an advanced state of formation as to be capable of living. Unless be is born viable he acquires no rights and cannot transmit them to his heirs, and is considered as if he bad never been born.

2. This term is used In the French law, Toull. Dr. Civ. Fr. tome 4, p. 101 it would be well to engraft it on our own Vide Traill. Med. Jur. 46, and Dead Born.

VIABILITY, med. jur. An aptitude to live after birth; extra uterine life. 1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See 2 Sav. Dr. Rom. Append. III. for a learned discussion of this subject.

VICE. A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in a slave, roaring and crib-biting in a horse, are vices. Redhibitory vices are those for which the seller will be compelled to annul a sale, and take back the thing sold. Poth. Vente, 203; Civ. Code of Lo. art. 2498 to 2507; 1 Duv. n. 396.

VICE-ADMIRAL. The title of an officer in the navy; the next in rank after the admiral. In the United States we have no officer by this name.

VICE-CHANCELLOR. The title of a judicial officer who decides causes depending in the court of chancery; his opinions may be reversed, discharged or altered by the chancellor.

VICE-CONSUL. An officer who performs the duties of a consul within a part of the district of a consul, or who acts in the place of a consul. Vide 1 Phil. Ev. 306.

VICE-PRESIDENT OF THE UNITED STATES. The title of the second officer, in point of rank, in the government of the United States.

2. To obtain a correct idea of the law relating to this officer, it is proper to consider; 1. His election. 2. The duration of his office. 3. His duties.

3. - 1. He is to be elected in the manner pointed out under the article President of the United States. (q. v.) See, also, 3 Story on the Const. 1447 et seq.

4. - 2. His office in point of duration is coextensive with that of the president.

5. - 3. The fourth clause of the third section of the first article of the constitution of the United States, directs, that "the vicepresident of the United States shall be presidont of the. senate, but shall have no vote unless they be equally divided." And by article 2, s. 1, clause 6, of the constitution, it is provided, that "in case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vicepresident."

6. When the vice-president exercises the office of president, he is called the President of the United States.

VICE VERSA. On the contrary; on opposite sides.

VICECOMES. The sheriff.

VICECOMES NON MISIT BREVE. The sheriff did not send the writ. An entry made on the record when nothing has been done by virtue of a writ which has been directed to the sheriff.

VICENAGE. The neighborhood; the venue. (q. v.)

VICINETUM. The neighborhood; vicenage; the venue. Co. Litt. 158 b.

VICONTIEL. Belonging to the sheriff.

VIDELICET. A Latin adverb signifying to wit, that is to say, namely, scilicet. (q. v.) This word is usually, abbreviated Viz.

2. The office of the videlicet is to mark, that the party does not undertake to prove the precise circumstances alleged, and in such case he is not required to prove them. Steph. Pl. 309'; 7 Cowen, R. 42; 4 John. R. 450; 3 T. R. 67, 643; 8 Taunt. 107; Greenl. Ev. 60; 1 Litt. R. 209. Vide Yelv. 94; 3 Saund. 291 a, note; New Rep. *465, note; Dane's Ab. Iudex, h. t.; 2 Pick. 214, 222; 16 Mass. 129.

VIEW. A prospect.

2. Every one is entitled to a view from his premises, but he thereby acquires no right over the property of his neighbors. The erection of buildings which obstruct a man's view, therefore, is not unlawful, and such buildings cannot be considered a nuisance. 9 Co. R. 58 b. Vide Ancient Lights; Nuisance,

VIEW, DEMAND OF, practice. In most real and mixed actions, in order to ascertain the identity of land claimed with that in the tenant's possession, the tenant is allowed, after the demandant has counted, to demand a view of the land in question; or if the subject of claim be rent, or the like, a view of the land out of which it issues; Vin. Abr. View; Com. Dig. View; Booth, 37; 2 Saund. 45 b; 1 Reeves' Hist 435, This, however, is confined to real or mixed actions; for in personal actions the view does not lie. In the action of dower unde nihil habet, it has been much questioned whether the view be demandable or not; 2 Saund. 44, n, 4; and there are other real and mixed actions in which it is not allowed. The view being granted, the course of proceeding is to issue a writ, commanding the sheriff to cause the defendant to have a view of the land, It being the interest of the demandant to expedite the proceedings, the duty of suing out the writ lies upon him, and not upon the tenant; and when, in obedience to its exigency, the sheriff causes view to be made, the demandant is to show to the tenant, in all ways possible, the thing in demand with its metes and bounds. On the return of the writ into court, the demandant must count de novo; that is, declare again Com. Dig. Pleader, 2 Y 3; Booth, 40; and the pleadings proceed to issue.

2. This proceeding of demanding view, is, in the present rarity of real actions, unknown in practice.

VIEWERS. Persons appointed by the courts to see and examine certain matters, and make a report of the facts together with their opinion to the court. In practice they are usually appointed to lay out roads and the like. Vide Experts.

VIGILANCE. Proper attention in proper time.

2. The law requires a man who has a claim to enforce it in proper time, while the adverse party has it in his power to defend himself; and if by his neglect to do so, he cannot afterwards establish such claim, the maxim vigilantibus non dormientibus leges subserviunt, acquires full force in such case. For example, a claim not sued for within the time required by the acts of limitation, will be presumed to be paid; and the mere possession of corporeal real property, as if in fee simple, and without admitting any other ownership for sixty years, is a sufficient title against all the world, and cannot be impeached by any dormant claim. See 3 Bl. Com. 196, n; 4 Co. 11 b. Vide Twenty years.

VILL. In England this word was used to signify the parts into which a hundred or wapentake was divided. Fortesc. De Laud, ch. 24. See Co. Litt. 115 b. It also signifies a town or city. Barr. on the Stat. 133.

VILLAIN., An epithet used to cast contempt and contumely on the person to whom it is applied.

2. To call a man a villain in a letter written to a third person, will entitle him to an action without proof of special damages. 1 Bos. & Pull. 331.

VILLEIN, Engl. law. A species of slave during the feudal times.'

2. The feudal villein of the lowest order was unprotected as to property, and subjected to the post ignoble services; but his circumstances were very different from the slave of the southern states, for no person was, in the eye of the law, a villein, except as to his master; in relation to all other persons he was a freeman. Litt. Ten. s. 189, 190; Hallam's View of the Middle Ages, vol. i. 122, 124; vol. ii. 199.

VILLENOUS JUDGMENT, punishments. In the English law it was a judgment given by the common law in attaint, or in cases of conspiracy.

2. Its effects were to make the object of it lose his liberam legem, and become infamous. He forfeited his goods and chattels, and his lands during life; and this barbarous judgment further required that his lands should be wasted, his houses razed, his trees rooted up, and that his body should be cast into-prison. He 'could not be a juror or witness. Burr. 996, 1027; 4 Bl. Com. 136.

VINCULO MATRIMONII. A divorce. A vinculo matrimonii, is one from the bonds of matrimony. Such a divorce generally enables the parties to marry again.

VINDICATION, civil law. The claim made to property by the owner of it. 1 Bell's Com. 281, 5th ed. See Revendication.

VIOLATION. An act done unlawfully and with force. In the English stat. of 25 E. III., st. 5, c. 2, it is declared to be high treason in any person who shall violate the king's companion; and it is equally high treason in her to suffer willingly such violation. This word has been construed under this statute to mean carnal knowledge. 3 Inst. 9; Bac. Ab, Treason, E.

VIOLENCE. The abuse of force. Theorie des Lois Criminelles, 32. That force which is employed against common right, against the laws, and against public liberty. Merl. h. t, 2. In cases of robbery, in order to convict the accused, it is requisite to prove that the act was done with violence; but this violence is not confined to an actual assault of the person, by beating, knocking down, or forcibly wresting from him on the contrary, whatever goes to intimidate or overawe, by the apprehension of personal violence, or by fear of life, with a view to compel the delivery of propert equally falls within its limits. Alison, Pr. Cr. Law of Scotl. 228; 4 Binn. R. 379; 2 Russ. on Cr. 61; 1 Hale P. C. 553. When an article is merely snatched, as by a sudden pull, even though a momentary force be exerted, it is not such violence as to constitute a robbery. 2 East, P. C. 702; 2 Russ. Cr. 68; Dig. 4, 2, 2 and 3.

VIOLENT PROFITS, Scotch law. The gains made by a tenant holding over, are so called. Ersk. Inst. R. 2, tit. 6, s. 54.

VIOLENTLY, pleading. This word was formerly supposed to be necessary in an indictment, in order to charge a robbery from the person, but it has been holden unnecessary. 2 East, P. C. 784; 1 Chit. Cr. Law, *244. The words " feloniously and against the will," usually introduced in such indictments, seem to be sufficient. It is usual also to aver a putting in fear, though this does not seem to be requisite. Id.

VIRGA. An obsolete word, which signifies a rod or staff, such as sheriffs, bailiffs, and constables carry, as a badge or ensign of their office.

Copyright © 2004 New-York-Lawyer .WS