LEVANT ET COUCHANT. This French phrase, which ought perhaps more properly to be couchant et levant, signifies literally1 rising and lying down. In law, it denotes that space of time which cattle have been on the land in which they have had time to lie down and rise again, which, in general, is held to be one night at least. 3 Bl. Com. 9; Dane's Ab. Index, h. t; 2 Lilly's Ab. 167; Wood's Inst. 190; 2 Bouv. Inst. n. 1641.
LEVARI FACIAS, Eng. law. A writ2 of execution against the goods and chattels3 of a clerk. Also the writ of execvtion on a judgment4 at the suit of the crown. When issued against an ecclesiastic5, this writ is in effect the writ of fieri facias directed to the bishop6 of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant7 in his diocese. The writ also recites, that the sheriff had returned that the defendant had no lay fee, or goods or chattels whereof he could make a levy8, and that the defendant was a beneficed clerk; &c. See 1, Chit. R. 428; Id. 589, for cases when it issues at the suit of the crown. This writ is also used to recover the plain-tiff's debt; the sheriff is commanded to levy, such debt on the lands and goods of the defendant, in virtue9 of which he may seize his goods, and receive the rents and profits of his lands, till satisfaction be made to the plain-tiff. 8 Bl. Com. 417; Vin. Ab. 14; Dane's Ab. Index, h. t.
2. In Pennsylvania, this writ is used to sell lands mortgaged after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under peculiar10. proceeding11 authorized12 by statute13. 3 Bouv. Inst. n. 3396.
LEVITICAL DEGREES. Those degrees of 'kindred set forth14' in the eighteenth chapter of Leviticus, within which persons are prohibited to marry. Vide Branch; Descent; Line.
LEVY, practice. A seizure15 (q. v.) the raising of the money for which an execution has been issued.
2. ln order to make a valid16 levy on personal property, the sheriff must have it within his power and control, or at least withn his view, and if, having it so, he makes a levy upon it, it will be good if followed up afterwards within a reasonable time, by his takikng possession in such manner as to apprize everybody of the fact of its having been taken into execution. 3 Rawle R. 405-6; 1 Whart. 377; 2 S. & R. 142; 1 Wash C. C. R. 29; 6 Watts17, 468; 1 Whart. 116. The usual mode of making levy upon real estate, is to describe the land which has been seised under the execution, by metes18 and bounds, as in a deed of conveyance19. 3 Bouv. Inst. n. 3391.
3. It is a general rule, that hwen a sufficient levy has been made, the officer cannot make a second. 12 John. R. 208; 8 Cowen, R. 192. LEVYING20 WAR, crim. law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part however minute, or however remote from the scene of action, and who are leagued in the general conspiracy21, are considered as engaged in levying war, within the meaning of the constitution. 4 Cranch R. 473-4; Const. art. 3, s. 3. Vide Treason; Fries'Trial; Pamphl. This is a technical term, borrowed from the English law, and its meaning is the same as it is when used in stat. 25 Ed. III.; 4 Cranch's R. 471; U. S. v. Fries, Pamphl. 167; Hall's Am. Law Jo. 351; Burr's Trial; 1 East, P. C. 62 to 77; Alis. Cr. Law of Scotl. 606; 9 C. & P. 129.
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