LEX TALIONIS. The law of retaliation¹ an example of which is given in the law of Moses, an eye for an eye, a tooth for a tooth, &c.

2. Jurists and writers on international law are divided as to the right of one nation punishing with death, by way of retaliation, the citizen's or subjects of another nation; in, the United States no example of such barbarity has ever been witnessed but, prisoners have been kept in close confinement³ in retaliation for the same conduct towards American prisoners. Vide Rutherf. Inst. b. 2, c. 9; Mart. Law of Nat. b. 8, c. 1, s. 3, note 1 Kent, Com. 93.

3. Writers on the law of nations have divided retaliation into vindictive⁴ and amicable⁵: By the former are meant those acts of retaliation which amount to a war; the latter those acts of retaliation which correspond to the acts of the other nation under similar circumstances. Wheat. Intern². Law, pt. 4, c. 1, §1.

LEX TERAE. The law of the land. The phrase is used to distinguisb this from the civil or Roman law.

2. By lex terrae, as used in Magna Charta, is meant one process of law, namely, proceeding⁶ by indictment⁷ or presentment of good and lawful⁸ men. 2 Inst. 50; 19 Wend. 659; 4 Dev. R. 15. in the constitution of Tennessee, the words "the law of the land" signify a general and public law, operating equally upon every member of the community. 10 Yerg. 71.

LEY. This word is old French, a corruption⁹ of loi, and signifies law; for example, Termes de la Ley, Terms of the Law. In another, and an old technical sense, ley signifies an oath, or the oath with compurgators; as, il tend sa ley aiu pleyntiffe. Brit. c. 27.

LEY-GAGER. Wager¹⁰ of Law. (q. v.)

LIABILITY. Responsibility; the state of one who is bound in law and justice to do sometbing which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts committed.

2. The liabilities of one man are not in general transferred to his representative's further than to reach the estate in his hands. For example, an executor is not responsible for the liabilities of his testator further than the estate of the testator which has come to his hands. See Hamm. on Pait. 169, 170.

3. The husband is liable for his wife's contracts made dum sola, and for those made during coverture for necessaries, and for torts committed either while she was sole or since her marriage with him; but this liability continues only during the coverture; as to her torts, or even her contracts made before marriage; for the latter, however, she may be sued as her executor or administiator, when she assumes that character.

4. A master is liable for the acts of his servant while in his employ, performed in the usual course of his business, upon the presumption¹¹ that they have been authorized¹² by him; but he is responiible only in a civil point of view and not criminally, unless the acts have been actually authorized by him. See Bouv. Inst. Index, h. t.; Driver; Quasi Offence; Servant.