法律英语|英文法律词典 L-17

LEGAL. That which is according to law. It is used in opposition^{1 to equitable2, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Vide Powell on Mortg. Index, h. t.}

2. The party who has the legal title, has alone the right to seek a remedy for a wrong to his estate, in a court of law, though he may have no beneficial interest in it. The equitable owner, is he who has not the legal estate, but is entitled to the beneficial interest.

3. The person who holds the legal estate for the benefit of another, is called a trustee; he who has the beneficiary interest and does not hold the legal title, is called the beneficiary, or more technically^{3, the cestui que trust.}

4. When the trustee has a claim, he must enforce his right in a court of equity^{4, for he cannot sue any one at law, in his own name; 1 East, 497; 8 T. R. 332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue his own trustee. 1 East, 497.}

LEGAL ESTATE. One, the right to which may be enforced in a court of law. It is distinguished^{5 from an equitable estate, the rights to which can be established only in a court of equity. 2 Bouv. Inst. n. 1688.}

LEGALIZATION. The act of making lawful^6.

2. By legalization, is also understood the act by which a judge or competent officer authenticates^{7 a record, or other matter, in order that the same may be lawfully8 read in evidence. Vide Authentication9.}

LEGATES. Legates are extraordinary ambassadors sent by the pope to catholic countries to represent him, and to exercise his jurisdiction^{10. They are distinguished from the ambassadors of the pope who are sent to other powers.}

2. The canonists pide them into three kinds, namely: 1. Legates A latere. 2. Legati missi. 3. Legati nati.

3. - 1. Legates latere hold the first rank among those who are honored by a legation; they are always chosen from the college of cardinals^{11, and are called a latere, in imitation of the magistrates12 of ancient Rome, who were taken from the court, or side of the emperor.}

4. - 2. The legati missi are simple envoys^13.

5. - 3. The legati nati, are those who are entitled to be legates by birth.