A quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.

2. The person having the greatest number of votes as vicepresident shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president. A quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

3. But no person, constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States.

GLOSSARY AND INDEX.

GLOSSARY.

ACTION ON THE CASE.-A general action given for redress of wrongs and injuries, done without force, and not particularly provided against by law, in order to have satisfaction for damage.

ASSUMPSIT. Is taken for a voluntary promise, by which a man assumes or takes upon him to perform or pay anything to another. An action upon the case on assumpsit is an action the law gives the party injured by the breach or non-performance of a contract either express or implied.

CHOSE IN ACTION.-A cause of suit for any debt, duty, or wrong. CORAM NON JUDICE.—When a cause is brought and determined in a court, whereof the judges have not any jurisdiction, it is said to be coram non judice, and void. DEMURRER. An issue upon matter of law. It confesses the facts to be true, as stated by the opposite party; but denies, that, by the law arising upon those facts, any injury is done to the plaintiff, or that the defendant has made out a lawful excuse, according to the party which first demurs, (Fr. demeurer) that is, rests or abides in law upon the point in question.

DETINUE.—An action for something detained; it is for the specific thing, and not merely for its value.

DISTRAIN. To distrain is to seize legally certain property, to force payment of a debt. To attach is to take. certain property, to sell it, and so pay the debt ; to distrain or distress is to act upon the debtor by distressing him, he having the right, under certain regulations, to redeem or replevy the property seized; if he does not do this, it is sold.

EJECTMENT.—An action by which one seeks to eject or oust another from land which he claims.

ERROR, WRIT OF.-See pp. 221 and 246.

EX PARTE PROCEEDINGS.-See p. 33.
FEMES COVERTS.-Married women.

HAREAS CORPUS.-See pp. 33, 36.

INDENTS. A writing containing some contract or conveyance between two or more persons, so called from being cut or indented at the top or side in such a manner as to tally or correspond with another writing having the same contents; the object of the indentation being to prevent forgery. INJUNCTION. See p. 287.

IN PAIS. This term means in the country, and refers to the transfer of property by deed, made, by the old law, on the spot. INTERLOCUTORY.-An interlocutory judgment or decree is one which is given on some point intermediate or incidental to the main question at issue. Also, an incomplete judgment, whereby the right of the plaintiff to recover is established, but the amount of damages is left to be ascertained by a jury. LIBEL. To libel a vessel is to secure her, or attach her, for some claim; under the libel the court holds her until it is determined whose property she is.

LIVERY.-Same with delivery.

MANDAMUS. See pp. 1 and 16.

MESNE.-Not final, but intermediate.

MISPRISION OF FELONY.-Concealment of, without participation in, a crime.
MOVE THE COURT.-See p. 33.

NON-USER.-Neglect to use.

OYER-Hearing.

PLEADINGS.-When a man begins a suit he declares his cause of action; the one

sued then pleads his ground of defence, and so on; the various papers which thus declare and plead are called the pleadings in the case.

QUI TAM ACTION.—An action brought by an informer for himself and the public. REPLEVIN.-An action brought to recover goods and chattels unlawfully taken from the possession of the plaintiff, in which he has a general or special property.

RES INTEGRA-A new point.

RULE-See p. 1.

SERIATIM. Separately.

SOUNDING IN DAMAGES.—An action claiming damages for something injured or retained, and not the thing itself, is said to sound in damages.

SPECIAL VERDICT.—A general verdict says, “Guilty" or "Not guilty;" a special verdict says, "We find such and such facts, if the law be so and so, then he is guilty," or, "he should pay," as the case may be.

TRAVERSABLE.—That is traversable which may be denied in legal form, so as to raise a jury-question.

TROVER.-An action claiming the value of property which the claimant says was found (Fr. trouver).

VENIRE FACIAS DE NOVO.-A new trial.