tunity of creditors. The usual evidence of A statute prohibiting shops to be kept open on KEEPING TERM. A duty performed by students of law, con- KENNING TO THE TERCE. KENTLEDGE, or KINTLEDGE. The permanent ballast of a ship. Ab. Sh. 6. KENTUCKY. The name of one of the states of the United States of America. This state was formerly a part of Virginia, which by an act of its legislature, passed December 18, 1789, consented that the district of Kentucky within the jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state. By the act of congress of February, 1791, 1 Story, Laws, 168, congress consented that, after the first day of June, 1792, the district of Kentucky should be formed into a new state, separate from and independent of the commonwealth of Virginia. And by the second section it is enacted, that upon the aforesaid first day of June, 1792, the said new state, by the name and style of the state of Kentucky, shall be received and admitted into this Union, as a new and entire member of the United States of America. The present constitution of this state was adopted June 11, 1850. ment are divided into three distinct departments, The powers of governeach of them confided to a separate body of magistracy, the legislative, the executive, and the judicial. LEGISLATIVE DEPARTMENT.-The legislative power is vested in two branches; a house of representatives and a senate, which together constitute the general assembly of the commonwealth of Kentucky. The house of representatives consists of one hundred members. Representatives are elected for a term of two years on the first Monday in August in every second year beginning with 1851, and must have attained the age of twenty-four years, and have resided in the state two years preceding the election, the last year thereof in the county, town, or city for which they are chosen. Voters for representative shall be male citizens of the age of twentyone years, who have resided in the state two years, or in the county, town, or city one year next preceding the election. KENTUCKY tors must be citizens of the United States, of the age of thirty years, and have resided in the state six years preceding the election, the last year thereof in the district for which they are chosen. government, which is at the town of Frankfort, The general assembly convenes at the seat of in Franklin county. EXECUTIVE DEPARTMENT. - The executive Kentucky. He is elected for a term of four power is vested in the chief magistrate, who is styled the governor of the commonwealth of years by the qualified voters of the state, and is ineligible for the succeeding four years after the expiration of the term for which he shall have been elected. He must be at least thirty-five of congress, or person holding any office under years of age, a citizen of the United States, and must have been an inhabitant of the state six the United States, or minister of any religious years next preceding his election. No member society, is eligible to this office. The governor is commander-in-chief of the army and navy of States. He has power to remit fines and forfeitthe commonwealth, and its militia, except when they shall be called into the service of the United of impeachment. In cases of treason, he has ures, grant reprieves and pardons, except in cases power to grant reprieves until the end of the on extraordinary occasions, convene the general next session of the general assembly. He may, assembly, and in case of a disagreement between the two houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not exceeding four months. faithfully executed." "He shall take care that the laws are lar election for governor in the same manner and A lieutenant-governor is chosen at every regufor the same term. He must have the same qualifications, and he is, by virtue of his office, speaker of the senate; has a right in committee of the whole to debate and vote on all subjects, and when the senate is equally divided, to give the casting vote. peached, removed from office, die, refuse to qualify, resign, or be absent from the state, the Should the governor be imand authority appertaining to the office of gov lieutenant-governor shall exercise all the power fied, or the governor, if absent or impeached, ernor, or until another be duly elected and qualishall return or be acquitted. The governor has power to return bills which have passed the general assembly, to the house thereto, which are to be entered upon its journal, in which they originated, with his objections and such house shall then proceed to reconsider the bill, and if, after such reconsideration, a majority of all the members elected to that house agree to pass the bill, it shall be sent to the other house with the objections, and there be likewise considered, and if approved by a majority of all the members elected to that house, it shall be a law, but the votes of both houses must be determined by yeas and nays, and the names of the members voting for and against the bill entered in the journal. governor within ten days (Sundays excepted), after it shall have been presented to him, shall Any bill not returned by the become a law, as if he had signed it, unless the general assembly by their adjournment prevent The senate consists of thirty-eight senators, sent back within three days after the next meetits return, in which case it shall be a law unless who are elected for a term of four years. Upon ing of the legislature. Every order, resolution, its first session under this constitution in 1851, or vote, in which the concurrence of both houses the senators then elected were divided by lot into may be necessary, except on a question of adtwo classes. The seats of the first class became jourment, shall be presented to the governor and vacant at the end of two years, so that half of be approved by him before it shall take effect, the senate is chosen every second year. Sena- or, being disapproved, shall be repassed as be KEY fore provided. Contested elections for governor and lieutenant-governor shall be determined by both houses of the general assembly, according to such regulations as may be established by law. JUDICIAL DEPARTMENT.-The judicial power of the commonwealth, both as to matters of law and equity, is vested in one supreme court, styled the court of appeals, and such courts, inferior to the supreme court, as the general assembly may from time to time recommend and establish. The court of appeals consists of four judges, who hold their offices eight years and until their successors are duly qualified, but for any reasonable cause the governor shall remove any of them on the address of two-thirds of each house of the general assembly. The judges are elected; and for the purpose of electing judges the state is by law divided into four districts, in each of which the qualified voters elect one judge of the court of appeals. One judge is elected every two years. A judge of this court must be a citizen of the United States, and resident in the district for which he may be a candidate two years next preceding his election. He must be at least thirty years of age, and have been a practising lawyer or a practising lawyer and judge for eight years. The inferior courts consist of circuit courts of general jurisdiction, having cognizance of suits both at common law and equity and of criminal cases, but in some circuits the common law jurisdiction is vested in courts of common pleas, In each county there is a county court with probate jurisdiction, and appellate jurisdiction of certain minor appeals from magistrates. The county court is, at stated times, organized as a levy court, composed of the presiding judge of the county court and the magistrates of the and the equity jurisdiction in chancery courts. county, which has the power of a local legisla ture for county matters. There are also justices of the peace. All judges are elected for terms provided by law, by the qualified voters of the district in which they hold office. KEY. An instrument made for shutting and opening a lock. The keys of a house are considered as real estate, and descend to the heir with the inheritance; 11 Co. 50 b; 30 E. L. & Eq. 598. See 5 Blackf. 417; 5 Taunt. 518. When the keys of a warehouse are delivered to a purchaser of goods locked up there, with a view of effecting a delivery of such goods, the delivery is complete. The doctrine of the civil law is the same; Dig. 41. 1. 9. 6; 18. 1. 74. Keys are implements of housebreaking within statute 14 & 15 Vict. c. 19, § 1; for, though commonly used for lawful purposes, they are capable of being employed for purposes of housebreaking; and it is a question for the jury whether the person found in possession of them by night had them without lawful excuse, with the intention of using them as implements of housebreaking; 2 Den. Cr. Cas. 472; 3 C. & K. 250. KEYAGE. A toll paid for loading and unloading merchandise at a key or wharf. • KEYS. In the Isle of Man are the twentyfour chief commoners, who form the local legislature. 1 Steph. Com. 99. 37 KIDNAPPING. KING The forcible abduction or stealing away of a man, woman, or child from their own country and sending them into another; 4 Bla. Com. 219. At common law it is a misdmeanor; Comb. 10. There is no wide difference in meaning between kidnapping, false imprisonment, and abduction. The better view seems to be that kidnapping is a false imprisonment, which it always includes, aggravated by the carrying of the person to some other place; 2 Bish. Cr. L. §§ 750-756. It has been held that transportation to a foreign country is not necessary, though this conflicts with Blackstone's definition, supra; 8 N. H. 550; see 1 East, P. C. 429. The consent of a mature person of sound mind prevents any act from being kidnapping; otherwise as to a young child: a child of nine years has been held too young to render his consent available as a defence; 41 N. H. 53; 5 Allen, 518; Thach. Cr. Cas. 488. Physical force need not be applied. The crime may be effected by means of menaces; 20 II. 315; or by getting a man drunk; 25 N. Y. 373. Where the custody of a child is assigned to one of two divorced parents, and the other, or a third person employed for the purpose, carries it off, it is kidnapping; 41 N. H. 53; 5 Allen, 518. New York, Illinois, and other states, have passed statutes on kidnapping. See ABDUCTION; 1 Russ. Cr. 962; 3 Tex. 282; 12 Metc. 56; 2 Park. Cr. Ca. 590. It has been held, however, that the carrying away is not essential; 8 N. H. 550. The crime includes a false imprisonment; 2 Bishop, Crim. Law, § 671. See ABDUCTION; 1 Russ. Cr. 716; 2 Harr. Del. 538; 3 Tex. 282; 12 Metc. 56. Kidnapping Act, 1872. The stat. 35 & 36 Vict. c. 19, for the prevention and punishment of criminal outrages upon natives of the islands of the Pacific ocean. Amended by the 38 & 39 Vict. c. 51. KILDERKIN. A measure of capacity, equal to eighteen gallons. KIN. Legal relationship. KINDRED. This Relations by blood. properly includes only legitimate kindred; 1 Bla. Com. 459; 38 Me. 153. Nature has divided the kindred of every one 1. His children, into three principal classes. and other ascendants. and their descendants. 2. His father, mother, 3. His collateral relations; which include, in the first place, his brothers and sisters, and their descendants; and, secondly, his uncles, cousins, and other relations of either sex, who have not descended from a brother or sister of the deceased. All kindred, A husband or wife of the deceased, therefore, is then, are descendants, ascendants, or collaterals. not his or her kindred; 14 Ves. 372. See Wood. Inst. 50; Ayliffe, Parerg. 325; Dane, Abr.; Toullier, Ex. 382, 383; 2 Sharsw. Bla. Com. 516, n. ; Pothier, Des Successions, c. 1, art. 3. KING. The chief magistrate of a kingdom, vested usually with the executive power. The following table of the reigns of English and British kings and qeeens is added, to assist the student in many points of chro- unsupported testimony of an accomplice ; nology: KING CAN DO NO WRONG. This maxim means that the king is not responsible legally for aught he may please to do, or for any omission. Aust. Jur. sect. VI. It does not mean that everything done by the government is just and lawful, but that whatever is exceptionable in the conduct of public affairs is not to be imputed to the king; 2 Steph. Com. 478; Moz. & W. This maxim has no place in the system of constitutional law of the United States, as applicable either to the government or any of its officers. Our government is not liable for the wrongful and unauthorized acts of its officers, however high their place, and though done under a mistaken zeal for the public good; 21 Alb. L. Jour. 397; 2 Wall. 561; 7 id. 122; 8 id. 269. KING'S BENCH. See COURT OF KING'S BENCH. KING'S or QUEEN'S COUNSEL. Barristers or serjeants who have been called within the bar and selected to be the king's counsel. They answer in some measure to the advocati fisci, or advocates of the revenue, among the Romans. They must not be employed against the crown without special leave, which is, however, always granted, at a cost of about nine pounds. 3 Sharsw. Bla. Com. 27, note. KING'S EVIDENCE. An accomplice in a felony, who, on an implied promise of pardon if he fully and fairly discloses the truth, is admitted as evidence for the crown against his accomplices. 1 Phill. Ev. 31. A jury may, if they please, convict on the 4 Steph. Com. 398. On giving a full and fair confession of truth, the accomplice has an equitable title to a recommendation to mercy. He cannot be admitted to testify as king's evidence after judgment against him; 2 Russ. Cri. 956-958. In the United States, this is known as state's evidence. KING'S SILVER. A fine or payment due to the king for leave to agree in order to levying a fine (finalis concordia). 2 Bla. Com. 350; Dy. 320, pl. 19; 1 Leon. 249, 250; 2 id. 56, 179, 233, 234; 5 Coke, 39. KINGDOM. A country where an officer called a king exercises the powers of government, whether the same be absolute or limited. Wolff. Inst. Nat. § 994. In some kingdoms, the executive officer may be a woman, who is called a queen. KINSBOTE (from kin, and bote, a composition). In Saxon Law. A composition for killing a kinsman. Auc. Laws & Inst. of Eng. Index, Bote. KIRBY'S QUEST. An ancient record remaining with the remembrancer of the English exchequer; so called from being the inquest of Jolin de Kirby, treasurer to Edward I. KISSING THE BOOK. A ceremony used in taking the corporal oath, the object being, as the canonists say, to denote the assent of the witness to the oath in the form it is imposed. The witness kisses either the whole Bible, or some portion of it; or a cross, in some countries. See the ceremony explained in Oughton's Ordo, tit. lxxx.; Consitt. on Courts, part 3, sect. 1, § 3; Junkin, Oath, 173, 180; 2 Pothier, Obl. Evans ed. 234. KNAVE. A false, dishonest, or deceitful person. This signification of the word has arisen by a long perversion of its original meaning, which was merely servant or at tendant. To call a man a knave has been held to be actionable; 1 Rolle, Abr. 52; 1 Freem. 277; 5 Pick. 244. KNIGHT. In English Law. The next personal dignity after the nobility. Of knights there are several orders and degrees. The first in rank are knights of the garter, instituted by Edward III. in 1344; next follows, a knight banneret; then come knights of the bath, instituted by Henry IV., and revived by George I.; and they were so called from a custom of bathing the night before their creation. The last order are knights bachelors, who, though the lowest, are yet the most ancient, order of knighthood; for we find that King Alfred conferred this order upon his son Athelstan. 1 Bla. Com. 403. These are sometimes called knights of the chamber, being such as are made in time of peace, and so called because knighted in the king's chamber, and not in the field. Co. 2d Inst. 666. Knights were called equites, because they always served on horseback; KNIGHT'S FEE aurati, from the gilt spurs they wore; and milites, because they formed the royal army, in virtue of their feudal tenures. KNIGHT'S FEE was anciently so much of an inheritance in land as was sufficient to maintain a knight; and every man possessed of such an estate was obliged to be knighted, and attend the king in his wars, or pay a pecuniary sum in lieu thereof, called escuage. In the time of Henry II. the estate was estimated at twenty pounds a year; but Lord Coke, in his time, states it to be an estate of six hundred and eighty acres. a man may pass a counterfeit note, and be guiltless, if he did not know it was so; he may receive stolen goods, if he were not these and the like cases it is the guilty knowlaware of the fact that they were stolen. In edge which makes the crime. statute a constituent part of the offence; and Such guilty knowledge is made by the therefore it must be averred and proved as such. But it is in general true, and may be considered as a rule almost necessary to the when a man does that which by the common restraint and punishment of crimes, that law or by statute is unlawful, and in pursuing his criminal purpose does that which constitutes another and different offence, he shall be held responsible for all the legal consequences of such criminal act. When a man, without justifiable cause, intends to wound or maim another, and in doing it kills him, it is murder, though he had no intention to take life. It is true that in the commission of all crimes a guilty purpose, a criminal will and motive, are implied. But, in general, such bad motive or criminal will and purpose, that disposition of mind and heart which is designated by the generic and significant term "malice," is implied from the criminal act itself. But if a man does an act, which would be otherwise criminal, through mistake or accident, or by force or the compulsion of others, in which his own will and mind do not KNOWINGLY. In Pleading. instigate him to the act or concur in it, it is word "knowingly,' or matter of defence, to be averred and proved "well knowing," will supply the place of a positive averment, cumstances of the case adduced on the part on his part, if it does not arise out of the cirin an indictment or declaration, that the de- of the prosecution. Per Shaw, C. J., în 2 fendant knew the facts subsequently stated; Metc. Mass. 192. Thus, it is not necessary, if notice or knowledge be unnecessarily in an indictment against an unmarried man stated, the allegation may be rejected as sur- for adultery with a married woman, to aver plusage. See Comyns, Dig. Indictment (Gthat he knew, at the time when the offence 6); 2 Cush. 577; 2 Stra. 904; 2 East, 452; 1 Chitty, Pl. 367. Co. Litt. 69 a. KNIGHT'S SERVICE. Upon the Norman conquest, all the lands in England were divided into knight's fees, in number above sixty thousand; and for every knight's fee, a knight was bound to attend the king in his wars forty days in a year, in which space of time, before war was reduced to a science, a campaign was generally finished. If a man only held half a knight's fee, he was only bound to attend twenty days; and so in proportion. But this personal service, in process of time, grew into pecuniary commutations, or aids; until at last, with the military part of the feudal system, it was abolished at the restoration, by the statute of 12 Car. II. c. 24. 1 Bla. Com. 410; 2 id. 62. KNOW ALL MEN BY THESE PRESENTS. See PRESENTS. KNOWLEDGE. fact. The Information as to a Many acts are perfectly innocent when the party performing them is not aware of certain circumstances attending them; for example, was committed, that she was a married woman; nor is it necessary to prove such knowledge at the trial. 2 Metc. Mass. 190. See, as to the proof of guilty knowledge, 1 B. & H. Lead. Cr. Cas. 185-191. See INTENTION; IGNORANCE OF LAW. As to the doctrine of imputed knowledge, see NOTICE. LABEL. A slip of ribbon, parchment, or paper, attached to a deed or other writing to hold the appended seal. L. In the ordinary use of the word, it is a slip of paper attached to articles of manufacture for the purpose of describing them or specifying their quality, etc., or the name of the maker. The use of a label has been distinguished from a trade mark proper; Browne, Trade Marks, §§ 133, 537, 538. The use of labels will be protected by a court of equity under some circumstances; id. 538. A copy of a writ in the Eng. Exch. Tidd, Pr. *156. LABOR. Continued operation; work. The labor and skill of one man are frequently used in a partnership, and valued as equal to the capital of another. When business has been done for another, and suit is brought to recover a just reward, there is generally contained in the declaration a count for work and labor. Where penitentiaries exist, persons who have committed crimes are condemned to be imprisoned therein at labor. Under an order of court directing a receiver to pay claims for "labor," an attorney who rendered services to the receiver is included; 8 Report. 579. LABORER. A servant in husbandry or manufacture not living intra mania; Wharton, Law Dic.; for various acts of parliament affecting the rights and duties of laborers, see id. tit. Labor. In Pennsylvania (P. L. 1872, p. 47.), Alabama (Code 1876, sec. 3481), and other states, laborers have a statutory lien for their wages. This applies to those engaged in manual labor; 82 Penn. 149; 84 id. 168; and not to a hotel cook; 77 id. 107. The term has been held to include a superintendent in charge of laborers employed by a railroad contractor; 5 How. Pr. 454; and a drayman; 30 N. J. Eq. 588; but not an assistant chief engineer on à railroad; 39 Mich. 47; s. c. 33 Am. Rep. 348, n.; nor a contractor for building the roadbed of a railroad; id. 594; nor a superintendent of a mining company; 16 Hun, 186; 17 id. 463; nor a farm overseer; 81 N. C. 340; s. c. 31 Am. Rep. 503; nor a consulting engineer; 38 Barb. 390. But an architect is within the mechanics' lien law which extends to those who "perform labor;" 76 N. Y. 50; s. C. 32 Am. Rep. 262, n.; 26 N. J. Eq. 29, 389; 13 Minn. 475; contra, 6 Mo. App. 445. LABOR A JURY. To tamper with a jury; to persuade jury men not to appear. It seems to come from the meaning of labor, to prosecute with energy, to urge: as to labor a point. Dy. 48; Hob. 294; Co. Litt. 157 b; 14 & 20 Hen. VII. 30, 11. The first lawyer that came from England to practise in Boston was sent back for laboring a jury. Washb. Jud. Hist. LACHES (Fr. lacher). Unreasonable delay; neglect to do a thing or to seek to enforce a right at the proper time. When a person has been guilty of unreasonable delay in seeking to enforce a right in equity, this circumstance will, in many cases, in equity prejudice his right, or even his remedy. It is said that equity does not encourage stale claims, nor give relief to those who sleep upon their rights; 4 Wait, Act. & Def. 472; 9 Pet. 405; 91 U. S. 512, 806. Equity will not decree the specific performance of a contract where the person seeking it has been guilty of laches in bringing his bill, nor unless he has shown himself ready, desirous, prompt, and eager; 5 Ves. 720 n.; Fry, Sp. Perf. 422. One who seeks to impeach a transaction on the ground of fraud must seek redress promptly; he must show reasonable diligence. Mere lapse of time will sometimes render a fraudulent transaction unimpeachable; Kerr, Fraud & Mist. 303; 9 Pet. 405. In general, when a party has been guilty of laches in enforcing his right by great delay, this circumstance will, at common law, prejudice and sometimes operate in bar of a remedy which it is discretionary and not compulsory in the court to afford. In courts of equity, and in admiralty, spiritual, and other courts, also, delay will generally prejudice; 1 Chitty, Pr. 786, and the cases there cited; 6 Johns. Ch. 360. As laches at law, Chitty refers only to cases of injury to character and feelings, to objections to irregularities in legal proceedings, and to motions for criminal informations; the first is, however, a mere question of fact for the jury, the last two of practice. But laches may be excused from ignorance of the party's right; 2 Mer. 362; 2 Ball & B. 104; from the obscurity of the transaction; 2 Sch. & L. 487; by the pendency of a suit; 1 Sch. & L. 413; and where the party labors under a legal disability: as, insanity, coverture, infancy, and the like. And no laches can be imputed to the public; 4 Mass. 522; 3 S. & R. 291; 4 Hen. & M. 57. See Belt, Suppl. to Ves. 436; 2 id. 170. LADY'S FRIEND. Previously to the act of 1857 abolishing parliamentary divorces, a functionary in the British house of commons. When the husband sues for a divorce, or asks the passage of an act to divorce him from his wife, he is required to make a provision for her before the passage of the act: it is the duty of the lady's friend to see that such a provision is made. Macq. H. & W. 213. LADY-DAY. The 25th of March, the feast of the Annunciation of the Blessed Virgin Mary. In parts of Ireland, however, they so designate the 15th of August, the festival of the Assumption of the Virgin. LÆSA MAJESTAS (Lat.). Læsemajesty, or injured majesty; high treason. It is a phrase taken from the civil law, and anciently meant any offence against the king's person or dignity, defined by 25 Edw. III. c. 6. See Glanv. lib. 5, c. 2; 4 Bla. Com. 75; Br. 118; CRIMEN LÆSE MAJESTATIS. LÆSIONE FIDEI, SUITS PRO, proceedings in the ecclesiastical courts for spiritual offences against conscience, for non-payment of debts, or breaches of civil contracts. This attempt to turn the ecclesiastical courts into courts of equity was checked by the Constitutions of Clarendon, A. D. 1164, q. v. 3 Bla. Com. 52; Whart. Lex. 1 |