Legal Words & Phrases

These words and phrases may be encountered at some point in your Missouri research.

Part One A - L

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MESNE PROCESS——”Mesne process~ signifies any writ or process issued between commencement of action and suing out of execution, including writ of summons.

MESNE PROFITS——Term “mesne profits” means “intermediate profits,” i.e., profits which have been accruing between two given periods; terms refers to value of use or occupation of land during time it was held by one in wrongful possession, and is commonly measured in terms of rents and profits.

METES——The word “metes” refers to the exact length of each line and the exact quantity of land in square feet, rods or acres.

METES AND BOUNDS——Where land was bounded in the deed by the lands of named persons, it was described by metes and bounds, which mean the boundary lines or limits of a tract. A property description composed of descriptions of its constituent boundary lines or calls is known as a “metes and bounds” description.

“Metes and bounds” means the boundary line or limit of a tract, which boundary may be pointed out and ascertained by rivers and objects, either natural or artificial, which are permanent in character and erection, and so situated with reference to the tract to be described that they may be conveniently used for the purpose of indicating its extent. The metes and bounds of a tract are as definitely fixed by locating its center line and naming the width of the tract as if the lines of its true boundary had been given by acres and distances, and the description thus given would in such a case prevail over a description given by acres and distances.

MUNIMENT OF TITLE——A will executed, proven and recorded in the manner and form as prescribed by statute constitutes a “muniment of title.”

“Muninients of title” is a general expression having reference to deeds and other written evidence of title, but includes all means of evidence by which an owner may defend title to property.

MUNIMENT OF TITLE DOCTRINE——Under “muniment of title doctrine,” a judgment may constitute part of a chain of title to real or personal estate or, though not amounting to title, may show the character of the possession of one of the parties.

MUNITIONS OF WAR——Living fat cattle are “munitions of war,” within Act July 16, 1812 prohibting American vessels from trading with the enemies of the United States and transporting munitions of war from the United States to Canada.

MURAGE——Murage is a duty for the repairs of the town walls.

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NOISE——Properly construed, term ~~noise~~ as used in disorderly conduct statute encompasses communication made in loud manner only when there is clear and present danger of violence or where communication is not intended as such but is merely guise to disturb persons.

NOLLE——Where a court grants a “nolle,” such action is not a bar to a subsequent trial for the same offense, but it terminates the particular proceeding.

NOLLE PROSEQUI——”Nolle prosequi” is voluntary withdrawal by prosecuting attorney of proceedings on particular bill or information, which can at any time be retracted to permit revival of proceedings on original bill or information. The words “nolle prosequi” literally mean to be unwilling to prosecute.

NOLLE PROSSED——Nolle passed is a term now used by attorneys to denote common law term of nolle prosequi, meaning “we do not prosecute.”

NOLO CONTENDERE——Plea of “nolo contendere” is an assertion by defendant that he does not desire to contest truth of charges against him and thus it is not a plea of not guilty, nor is it a plea of guilty; rather it lies approximately between the two extremes.

“Non vult” is a variation of form “nolo contendere.”

The legal effect of a plea of “nolo contendere,” which is a Latin phrase meaning “I will not contest [the charge in a criminal complaint or indictment],” is as conclusive to the guilt of the defendant as a plea of guilty.

Plea of “nolo contendere,” even though accepted, is only an admission of guilt on facts of case as set forth in indictment for purpose of case; a plea of guilty, on the other hand, once it is accepted is tantamount to conviction.

NUISANCE PER SE——A “nuisance per se” is an act, occupation or structure which is a nuisance at all time and under all circumstances regardless of location or surroundings.

NULL——A voluntary or a fraudulent conveyance is valid between the parties, and as to the whole world, except those within the protection of fraudulent conveyance statute; thus the words “null” and “void” are construed to mean voidable only, so that such conveyances vest legal title in grantee, subject only to be divested by creditors of grantor, if they choose to impeach it.

NULLA BONA——”Nulla bona” signifies that defendant in execution has no goods which could be subjected to satisfaction of judgment.

Return of “nulba bona” signifies that officer has made diligent search, but was unable to find any property of defendant whereon to levy for collection of judgment debt.

NULL AND VOID——”Null and void” together mean the same as either of the words separately. ~ The words are synonymous.

“Null and void” means that which binds no one or is incapable of giving rise to any rights or obligations under any circumstances.

NULLIFICATION——Jury in criminal case possesses de facto power of “nullification,” to acquit defendant regardless of strength of evidence against him.

NULL IN LAW——For purpose of former statute allowing children of marriage “null in law” to be declared legitmate, common—law marriages, although not recognized, are marriages “null in law.”

NULLITY——The word “nullity” means in law a void act or an act having no legal force or validity; invalid; null.

NULLIUS FILIUS——The common law was harsh, simple, and inflexible; an illegitimate child was “nullius filius” or “filius populi” the child was the child of no one.

NULLUIUS TEMPUS OCCURIT REGI——When Commonwealth brings action for which statute of limitations has run, it may invoke “nullum tempus occurrit regi,” under which statutes of limitation do not apply to Commonwealth unless statute specifically states that it does.

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ORPHAN CHILDREN——Children of deceased employee held not entitled to increased compensation upon relinquishment of control of children by mother who consented to their adoption or upon remarriage of mother, since relinquishment of children did not render them “orphan children” under compensation statute, and mother’s remarriage did not constitute “death” of mother which would entitle children to increased compensation.

ORPHANS’ BUSINESS——The term orphans’ business in a grant to the probate court of jurisdiction of “orphans’ business,” includes the power to allot to the members of decedent’s family, the personal property of decedent, which, by statute, they are entitled to retain free from account on the part of the executor or administrator.

ORPHANS’ COURT——An orphans’ court is a court of limited jurisdiction. If it transcent its jurisdiction, its acts will pass for nothing.

Distinct tribunals for the establishment of wills and administration of the assets of men dying either with or without wills are variously called “prerogative courts,” “probate courts,” ~~surrogate courts,” and “orphans’ courts.”

ORE TENUS RULE——”Ore tenus rule” is that trial court’s findings are presumed to be correct and appellate court is not authorized to substitute its judgment for that of the trial court unless judgment was so unsupported by the evidence as to be palpably wrong.

“ore tenus rule” which, on appeal, accords a presumption of correctness to a trial court’s findings, is particularly strong in boundary line disputes and adverse possession cases, and presumption is further enhanced if the trial court personally views the property in question.

OSAGE HEADRIGHT——”Osage headright” is the interest which a member of the tribe has in the Osage tribal trust estate, which trust consists of the oil, gas, and mineral rights, and the funds which were placed to the credit of the Osage tribe under federal legislation.

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PARTITION——Partition implies an interest in different persons in the property to be divided.

A “partition” is not a sale, but is a separation between joint owners or tenants in common of their respective interests in land, and setting apart of such interests, so that they may enjoy and possess the same in severalty.

PRECATORY——Term “precatory,” as applied to clauses in will, embraces idea of entreaty, beseeching, prayerful, and does not embrace idea of command or peremptory direction.

The meaning of the word “precatory,” according to its ordinary use, does not embrace a command. It means beseeching, suppliant, prayerful. It comes from the Latin word “precare,” to pray, and the suffix “ory,” meaning containing.

Provision in codicil that it was testator’ s “desire” that fund of $500 be used to remove bodies of testator’s father, mother and wife to a certain cemetery and to procure suitable headstones to be placed at their graves, with balance to be contributed to fund for perpetual care of plot, was merely “precatory” and not binding on testator’ s legal representatives.

PRIMA FACIE EVIDENCE——”Prima facie evidence~~ is that amount of evidence that, if unrebutted, is sufficient to satisfy burden of proof on particular issue. “Prima fade evidence” denotes evidence which, if left unexplained or uncontradicted, would be sufficient to carry case to jury and sustain verdict in favor of plaintiff on issue it supports.

“Prima facie evidence” means evidence which is sufficient to justify, but not compel, inference of guilt.

“Presumptive evidence” is literally synonymous with “prima facie evidence,” and each is defined as evidence sufficient to establish a given fact and which, if not rebutted or contradicted, will remain sufficient.

PRIMA FACIE NEGLIGENCE——”Prima facie negligence” is evidence to support jury finding that a party was guilty of negligence that was, in turn, proximate cause of his injuries.

PRIMA FACIE PRESUMED——”Prima facie presumed” as used in statute providing that any person who willfully conceals merchandise on his person shall be prima facie presumed to have concealed the merchandise with the intent of converting it without paying f or it means presumed to be true absent evidence to the contrary; “prima facie evidence” as used in statute providing that concealment of merchandise on one’ s person shall be prima facie evidence of willful concealment means evidence sufficient to establish a fact absent evidence to the contrary.

PROCESS——Process is defined as any means used by court to acquire or exercise its jurisdiction over a person or over specific property. A search warrant is process’ within statute and constitutional provision relating

to style of process.

A subpoena to testify as a witness is a “process” and when issued out of a court of record, as on the trial of the action, may be issued by the attorney for the party...

A “summons” is not “process,” but mere notice informing the defendant of action and need to answer complaint within specified time.

PROSECUTE WITH EFFECT——The language of the condition of a civil appeal bond that appellant shall prosecute the appeal with effect is satisfied by due entry of the appeal in the appellate court.

To “prosecute with effect” means to do what the law requires, and therefore means the same as “not permitting the suit to be discontinued.”

PROSECUTION BOND——A clause in a bond conditioned f or prosecuting a writ of error with effect means that, if plaintiffs in error fail to reverse the judgment, they will pay whatever the judgment appealed from adjudged that they should pay. An appeal bond which provides that appellant shall prosecute his appeal to effect means to prosecute to a successful termination.

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QUASH——Mr. Abbott, in his Law Dictionary, defines “quash” to mean to annul, overthrow or vacate by judicial acts. The power to “quash” writs is limited to proceedings that are irregular, defective, or improper.

QUASI——”Quasi” is a Latin word often prefixed to English words, implying mere appearance or want of reality. It may mean resemblance or “as if.”

QUASI COMMUNITY PROPERTY——”Quasi—community property” is property located outside of California which would be considered community property if located in California.

QUASI—CONTRACT——A “quasi—contract” is not a contract, but rather an obligation which the law creates out of the circumstances present, even though party did not assume the obligation, and may not have intended but in fact actually dissented from it. “Quasi contract” is an obligation which law creates in absence of agreement; it is invoked by courts where there is unjust enrichment.

“Quasi—contract is not really a contract, but a legal obligation closely akin to duty to make restitution.

QUASI—ESTOPPEL——Doctrine of “quasi—estoppel” precludes party from taking position inconsistent with one taken previously when circumstances render assertion of second position unconscionable.

QUASI IN REM——”Quasi in rem” actions involve assertion of personal claim, which are transformed into action against defendant’s property by attachment or garnishment of some or all of defendant’s property located within jurisdiction.

QUASI IN REM JURISDICTION——Theoretically and traditionally, exercise of “quasi in rem jurisdiction” depends entirely upon presence of the property of the defendant in the forum; residence of the plaintiff is irrelevant; theory is that, because property is situated in the state, courts of the state have power over to deternffne the relative rights of the plaintiff and defendant therein.

QUASI IN REM PROCEEDINGS——Wife’s action f or legal separation was “quasi in rem and nonresident husband’s property within state could properly be attached even though husband was not served personally.

QUASI JUDICIAL——When the procedures involved in a proceeding approach the traditional judicial requirements of notice and hearing, the exercise of discretion, and a decision on the record, the action can be said to be “quasi—judicial” within the meaning of governmental tort immunity statute.

When an activity appears to be judicial in nature, but in reality is not, it is termed quasi—judicial.

QUASI—JUDICIAL OFFICER——Attorney general in acting to enforce criminal law performs acts which require an exercise of judgment or discretion and are in nature of judicial acts, and when so doing, he acts as a “quasi—judicial officer.”

QUASI—JUDICIAL PROCEEDINGS——A “quasi—judicial proceeding” in an administrative agency requires notice, a hearing, an opportunity to introduce testimony, and a finding or decision made in accordance with statutory authority.

QUASI—LEGISLATIVE——Where “representatives” of county board of education were authorized by statute, and by board resolution, to engage in collective bargaining negotiation with employee organizations, they exercised “quasi—legislative” functions under Open Meetings Act inasmuch as they are involved in process of approving, disapproving or amending contract and in so acting, constituted “public body” under Act.

QUASI—LEGISLATIVE ACTION——”Quasi—legiSlative action” requires balancing of questions of judgment and discretion, is of general application, and concerns area usually governed by legislation.

QUASI PERSONALTY——”Quasi personalty” is a fiction which includes such things as chattels real and leases for years.

QUO WARRANTO——The remedy of “quo warranto” belongs to the state, in its sovereign capacity, to protect the interests of the people as a whole and guard the public welfare, and it is a preventative remedy addressed to preventing a continuing exercise of an authority unlawfully asserted, rather than to correcting what has already been done under that authority.

“Quo warranto” is legal action whereby legality of exercise of powers by municipal corporation may be placed in issue.

In feudal times, public offices were similar to a form of property right and a “quo warranto action was like an action in ejectment, in which the only party who could bring a lawsuit was a claimant who sued to regain possession from one who was unlawfully in possession.

“Quo warranto” is an ancient prerogative writ through which the state acts to protect itself and the good of the public generally through its chosen agents as provided by its Constitution and laws, though sometimes it is brought at instance of and f or benefit of a private individual who may have a special interest.

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REMAINDER INDEFEASIBLY VESTED——A remainder is indefeasibly vested when the remainderman is certain to acquire a present interest at some time in the future, and is also certain to be entitled to retain permanently thereafter the present interest so acquired.

REMAINDER IN FEE——Where testator devised described realty to a specified daughter on his widow’s death or remarriage, f or daughter’s life and on her death to her children, requiring devisee within one year from widow’s death or remarriage to pay to testator’s two other children each an amount equal to one—third of the valuation of a tract thereof, the will vested a title in remainder in fee” in the devisee s children with no contingency attached.

REMAINDER IN FEE SIMPLE——The legal effect of provision in deed that grantor expressly reserved to himself during his life if he desired to enforce same, the uses and profits in and to the land and a home on lands during his life, the property to revert to grantees at death of grantor was to reserve a “life estate” in the property in grantor with “remainder in fee simple” to grantees.

REMAINDERMAN——”Remaindermen” are those who are entitled to interest at expiration of prior estate.

A “remainderman” is one who becomes entitled to estate after intervention of precedent estate or on termination by lapse of time of rights of precedent estate created at same time.

RULEMAKING FUNCTION——”Rulemaking function” is distinguished from adjudicatory function in that the former embraces element of generality, operating upon a class of individuals or situation whereas adjudication operates upon particular individual or circumstance; additionally, exercise of administrative rule making power looks to the future, whereas adjudication operates retroactively upon events which occured in the past.

RULE NISI——A “rube nisi” is a rule which will become imperative and final unless cause be shown against it, and is an order which directs a party to show cause why the rule should not be made absolute and will become a “rube absolute” unless such cause is shown; a rule nisi is not a judgment on an issue.

RULE OF ABSOLUTE REPOSE——Adverse possession statute of 10 years is a “statute of limitations” whereas rule of prescription of 20 years is a “rule of absolute repose.”

RULE OF AVULSION——The “rule of avulsion” is that where stream which is a boundary suddenly abandons its old bed and seeks new one from any cause, change of channel works no change of boundary and boundary remains in center of old channel although no water flows therein.

RULE OF KENT——Where realty is given by will absolutely to one person, with gift over to another of such portion as may remain undisposed of by first taker at his death, gift over is void, as repugnant to absolute property first given, under the “Rule of Kent,” and it is a general rule of testamentary construction that unrestricted devise of realty carries the fee, and a subsequent clause in will expressing wish, desire, or even direction for disposition of what remains at death of devisee, is not allowed to defeat devise or limit it to a life estate, but rule must yield to paramount intent of testator as gathered from four corners of will.

RULE OF LAW——”Rule of law” implies subordination of the three branches of government to principles of law enunciated in the constitution.

RULE OF PROPERTY——Doctrine of “Rule of Property” is subdivision of that of stare decisis; both are more concerned with judicial stability and predictability than with technically correct adjudications, but stare decisis generally embraces all areas of law, while rule of property connotes settled rube regulating ownership or devolution of property.

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SEAL——The purpose of a “seal” is to attest in a formal manner the execution of an instrument.

A “seal” imports consideration and takes the place of proof of consideration in the absence of fraud and makes the promise enforceable without consideration, being more than a mere presumption.

SEALING OF RECORD——Words “sealing of record” refers to those steps taken to segregate certain records from the generality of records and to insure their confidentiality to the extent specified in the ~ontrollirig statute.

STATUTORY TENANT——Tenant continuing occupancy only under protection of a statute is a “statutory tenant.”

STATUTORY TRUSTEE——After funds of bankrupt in registry in court have been remitted to United States Treasury pursuant to statute, interest of the Government is that of a “statutory trustee” for such persons as bankruptcy court may determine to be entitled to it.

STATUTORY WRIT OF ERROR OR APPEAL——”A ‘writ of error at command of law, being a command from a superior to an inferior court of record commanding the inferior court, in some cases itself to examine the record, in others to send it to the superior court to be examined, that some alleged error might be corrected, was the commencement of a new action, and hence the application for the writ and the writ itself had to point out clearly, not only the cause in which the error lay which was sought to be corrected but the parties thereto, that they might be summoned to appear in the reviewing court. But the ‘statutory writ of error or appeal,’ which is sued out as a matter of tight in the court rendering the judgment on which the error is predicated, is in no sense the commencement of a new proceeding of action, but is a mere continuation of the pending proceeding or action, being its transfer from a lower to a higher court for further proceedings.”

STAY——”Stay” is synonymous with dwell, inhabit, live, sojourn, rest.

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TENANCY——”Tenancy” implies a right of possession in tenant exclusive even of landlord.

“Tenancy” and “leasehold” designate tenant’s estate in premises let to him.

To constitute “tenancy”, tenant must acquire some definite control and possession of premises.

TENANCY AT OR BY SUFFERANCE——A “tenancy at sufferance” arises when one comes into possession of property by lawful title, but wrongfully holds over after the termination of his interest.

TENANCY AT WILL——”Tenancy at will” is leashold interest which may be created by tenant remaining on property after lease terminates with consent of landlord for uncertain term which may be terminated by either party.

Characteristics of a ‘‘tenancy at will’’ whether created by express contract or by implication of law, are uncertain duration and right of either party to terminate on proper notice.

TENANCY BY ENTIRETY——Under “tenancy by the entirety,” each spouse owns the whole, so that upon the death one one spouse, deceased spouse’s interest is extinguished and surviving spouse owns the whole estate by terms of the entirety estate rather than through survivorship right.

The primary distinction between a ‘‘tenancy by the entirety’’ and a ‘‘joint tenancy~~ is that the from cannot be involuntarily partioned whereas the latter can be.

TENNACY IN COMMON——A “tenancy in common” is an estate in which there is a unity of possession, but separate and distinct titles; each tenant has a right to possess entire estate, but this right of possession is not exclusive.

TENANT——”Tenant” is one who holds or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will or otherwise.

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UNDUE INFLUENCE——”Undue influence” which will avoid deed is unlawful or fraudulent which controls will of grantor.

“Undue influence” consists of conduct which subjugates will of testator to will of another and causes testator to make disposition of his property contrary to and different from that which he would have done had he been permitted to follow his own inclination.

Essential elements of “undue influence” invalidating will are: person susceptible to such influence, opportunity to exert such influence and effect wrongful purpose, disposition to do so for improper purpose, and result clearly showing effect of such influence.

UNDUE PREJUDICE--—”Undue prejudice” connotes not merely evidence that is harmful to other party, but evidence which will result in decision being reached by trier of facts on improper basis.

UNDULY——With respect to claim that will proponent unduly influenced testator, court’s supplemental instruction on element of beneficiary unduly profiting from will, that unduly meant “unwarranted, excessive, inappropriate, unjustifiable or improper,” was accurate; “unduly” has qualitative meaning, rather than quantitative meaning, i.e., it means more than that beneficiary take substantially more under will he procured than he would otherwise have taken.

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VENDOR’S IMPLIED LIEN——”Vendor’s implied lien” is not really a lien, but, rather, is vendor’s right enforced by courts of equity to have property back if purchaser fails to pay purchase price.

VENDOR’S LIEN——A “vendor’s lien” is a lien for purchase money.

VENDOR—VENDEE——Evidence was sufficient to establish a “vendor—vendee” relationship between bakery and wholesaler, placing wholesaler without the purview of the Workmen’s Compensation Act and thus, as a third person, subject to tort action by truck driver employed by bakery who was injured while unloading pastries at wholesaler’s place of business, where wholesaler, which purchased items from bakery, had no control over baking of such items or over their delivery, and where wholesaler had no control over manner in which bakery operated its business, and mere packaging by bakery of items in wholesaler’s wrappers, and use by bakery of wholesaler’s trays, was not such a substantial service as to render the status between the parties that of “principal— contractor.”

VENERY——The right to hunt on another’s premises, the right of “venery,” is an interest in real estate in the nature of an incorporeal hereditament.

VENIREMAN——”Venireman” is a prospective juror; before becoming a juror.

VENUE——”Venue” means place in which prosecutions are to begin.

“Venue” concerns proper locality in which court of appropriate jurisdiction can adjudicate case.

“Venue” is personal privilege of defendant to be sued in particular counties and may be waived by defendant who defends upon merits without first interposing an objection to improper venue.

“Jurisdiction” is power of court to hear and decide a class of cases, whereas “venue” merely regulates where the case is to be heard.

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WHO SURVIVE——A devise in equal shares to the children of a deceased brother and to the children of another brother “who survive” the testatrix, “share and share alike” required a per capita distribution but limited beneficiaries of class to those persons who survived the testatrix; those “who survive” the testatrix referred to members of the class who survived, rather than the survivors of the deceased members of the class.

WIFE’S SEPARATE ESTATE——”Wife’s separate estate” is that property over which she exercises exclusive control and from which husband derives no benefit by reason of the marital relationship.

WIDOW——To qualify as the “widow” under Workers’ Compensation Law, being the surviving wife is not enough; if not living with her husband at the time of his death, it must be for justifiable cause or by reason of his desertion at such time. Both a putative and a common—law wife qualify as a “widow” of a deceased writer under the Copyright Act.

Woman who married insured at time he was validly married to another was not insured’s “widow” under group life policy and group accidental death policy which provided that beneficiary of policies was insured’s widow so insurer’s good—faith payments of benefits of policies to insured’s second wife who was not validly married to insured did not discharge insurer from liability to insured’s first wife.

WIDOW OR WIDOWER——Fact that testatrix’ daughter was unmarried at the time testatrix executed her will indicated that she did not intend to limit the term “widow or widower” in testamentary trust that provided income to children and their surviving spouses to mean those persons who were married to her children at the time of the execution of her will.

WIDOW WHILE UNMARRIED——The phrase “widow while unmarried,” appearing in statute setting forth the individuals entitled to receive the pension benefits of a deceased police officer or fireman in cities..., must be construed as referring to the surviving spouse of a qualified employee in a city...during the periods she is not married.

WIFE——Where trust settlor had “wife” at time of execution of trust agreement, words “wife” and “widow” should be taken to refer to her, and not to some subsequent wife, for purposes of application of rule against perpetuities.

WILD——Deed of trust recorded before person who executed it obtained record title had to be termed “wild” document, one recorded outside chain of title; search of grantor/grantee indices could not have disclosed existence of the recorded deed of trust.

WRIT OF ATTACHMENT——When “writ of attachment” issues, it lays hold of and appropriates debtor’s property, keeping it in the custody of the law until it is needed to satisfy creditor’s demand.

WRIT OF CERTIORARI——”Writ of certiorari” to superior court is constitutional as well as statutory remedy available where party is dissatisfied with decision or judgment of inferior adjudicatory exercising judicial or quasi—judicial powers.

WRIT OF ERROR——”Writ of Error” is direct attack upon default judgment and, thus, appellate court will not indulge any presumption in support of judgment’s validity.

WRIT OF ERROR CORAM NOBIS——”Writ of error coram nobis” is procedural tool whose purpose is to correct errors of fact only, and its function is to bring before the court rendering the judgment matters of fact which, if known at time judgment was rendered, would have prevented it rendition; this remedy, however, generally regarded as extraordinary one.

WRIT OF GRANISHMENT——”Writ of garnishment’ is statutorily constructed method of attaching money or other property of judgment debtor in the hands of third persons.

WRIT OF HABEAS CORPUS——”Writ of habeas corpus” describes legal procedure which gives to a person restrained of his liberty an immediate court hearing so that legality of his detention may be inquired into and determined by a court.

WRIT OF HABEAS CORPUS AD PROSEQUENDUM——”Writ of habeas corpus ad prosequendum” enables federal government or state to take temporary custody of prisoner confined within another jurisdiction and to indict, prosecute, and sentence prisoner.

WRIT OF INJUNCTION——Term “writ of injunction,” in statute providing that if there be more than one party against whom a writ of injunction is granted it may be returned and tried in the county where either may have his domicile, includes a temporary restraining order.

WRIT OF MANDAMUS——”Writ of mandamus” is command from court to inferior entity directing performance of particular duty which results from official station of entity to whom it is directed or from operation of law.

WRIT OF PROCEDENDC—⁴’Writ of Procedendo” is order from court of superior jurisdiction to tribunal of inferior jurisdiction commanding latter to proceed to judgment and is an extraordinary remedy.

WRIT OF PROHIBITION——”Writ of Prohibition” grants superior courts power to control administrative, legislative, or executive acts where those acts exceed jurisdiction of board or tribunal.

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X U R MESSAGE——An “X U R” message is a telegraphic cable message to be preferred as to the order of transmission, over ordinary or other less important messages for which preference an extra charge is made and collected.

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YARD——A “yard” is a small usually walled and often paved vacant area open to the sky and adjacent to a building.

“Yard” as used in restrictive covenant barring construction of fences except around a “yard” or as otherwise approved, referred to relatively small area adjacent to or surrounding dwelling, and could not be reasonably construed as referring to an area encompassing almost 40 acres.

YAZOO FRAUD——Suprise legislation which prompted constitutional provision requiring that an act’s title alert the reader to matters contained in its body was the “Yazoo Fraud,” in which, under the caption for an act “for the protection and support of its frontier settlements,” a measure was enacted disposing, for $500,000, of some of 35,000,000 acres of Georgia~ s western lands which later became the states of Alabama and Mississippi.

YEAR OF THE CALENDAR——February 28 of the following year is the last day of the “year of the calendar” following a February 29 for purposes of one year’s prescription statute.

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ZONES OF PRIVACY——Right of privacy is primarily restraint upon unwarranted governmental interference or intrusion into areas deemed to be within protected “zones of privacy.”

“Zone of privacy” safeguarded by Constitution includes individual interest in avoiding disclosure of personal matters.

ZONING——”Zoning” is concerned with whether certain area of community may be used for particular purpose, while “planning” involves how that use is undertaken. “Zoning” involves division of land into zones, and within those zones, regulation of both the nature of land usage and the physical dimensions of uses including height setbacks and minimum area.

ZONING ACTION——Term “zoning action” as used in statute permitting appeals from such action taken by a county encompasses any act or deed of the local legislative body that controls or directs the use of land and buildings by dividing the governmental area into use districts according to present and planned future conditions.

ZONING DECISION——Consent order entered into by developer and county board of commissioners in earlier action was not “zoning decision,” and neighbors were thus not entitled to notice of consent order.

ZONING ORDINANCES——Town ordinance which established minimal requirements for land to be used as site for mobile home and permitted mobile homes to be installed both as dwellings and commercial structures but which did not regulate as to what property could be used for, was not a “zoning ordinance”; therefore, it was not void for failing to be approved by county board.

Ordinance which created ‘‘overlay zones~¹ in vicinity of airports and which was intended to control development and land use in such vicinity and not merely to impose standards for construction of buildings otherwise permitted under existing zoning classifications was “zoning ordinance,” and thus was null and void for city’s failure to abide by special notice and hearing requirements requisite for promulgation of zoning ordinances.

ZONING PERMITS——Distinguishing factor between “building permits” and “zoning permits” is that building permit involves how use of certain area of the community is undertaken, while zoning permit concerns whether certain area may be used for particular purpose.

ZONING PETITION——Term “zoning petition” in county code providing that restrictions in residential transition areas do not apply to zoning petitions prepared in accordance with preamended provisions was intended to be broad enough to include subdivision plans submitted to county review group for approval.