英文法律词典 L-89

LOST. What was once possessed¹ and cannot now be found.

2. When a bond or other deed was lost, formerly² the obligee³ or plaintiff was compelled to go into equity⁴ to seek relief, because there was no remedy a law, the plaintiff being required to make profert in his declaration. 1 Chan. c. 7T. But in process of time courts of law dispensed⁵ with profert in such cases, and thereby⁶ obtained concurrent⁷ jurisdiction⁸ with the courts of chancery, so that now the loss of any paper, other than a negotiable note, will not prevent the plaintiff from recovering at law as well as in equity. 3 Atk. 214; 1 Ves. 341; 5 Ves. 235; 6 Ves. 812, 7 Ves. 19; 3 V. & B. 54.

3. When a negotiable note has been lost, equity will grant relief. In such case the claimant must tender an indemnity⁹ to the debtor¹⁰, and file a bill in chancery to compel payment. 7 B. & C. 90; Ryan & Mo. 90; 4 Taunt¹¹. 602; 2 Ves. sen. 327; 16 Ves. 430.

LOST PAPERS. When a paper containing an agreement between parties, a will, and the like, has been so mislaid, that after a diligent¹² search it cannot be found, it is said to be lost.

2. When such a document has been lost, and it is required to prove its contents, the party must prove that he has made diligent search, and, in good faith, exhausted¹³ all sources of information accessible to him. For this purpose bis own affidavit¹⁴ is sufficient. 1 Atk. 446; 1 Greenl. Ev. §349. On being satisfied of this, the court will allow secondary evidence to be given of its contents. See Evidence.

3. Even a will proved to be lost, may be admitted to probate, upon secondary evidence. 1 Greenl. Ev. §84, 509, 575; 2 Greenl. Ev. §668, a, 2d ed. But the fact of the loss must be proved by the clearest evidence, because it may have been destroyed by the testator animo revocandi. 8 Mete¹⁵. 487; 2 Addams, 223; 6 Wend. 173; 1 Hagg. Eccl. R. 115; 3 Pick. 67; 5 B. Munroe, 58; 2 Curt¹⁶. 913.

LOST OR NOT LOST. These words are sometimes inserted in policies of marine¹⁸ insurance. They are used when the underwriter undertakes that if the ship or goods should be lost at the time of the insurance, still the underwriter is liable, provided there is no fraud. Moll. B. 2, c. 7, s. 5; Hildy. on Mar¹⁷. Ins. 10.

LOT. Anything on which depends the accidental determination of a right by which we acquire or lose something; or it is that which fortuitously deter-mines what we are to acquire. When it can be certainly known what are our rights, we ought never to resort to a decision by lot; but when it is impossible to tell what actually belong to us, as if an estate is divided into three parts and one part given to each of three persons, the proper way to ascertain¹⁹ each one's part is to draw lots. Wolff, Dr. &c., de la Nat. §669.