LEVANT ET COUCHANT. This French phrase, which ought perhaps more properly to be couchant et levant, signifies literally 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 writ of execution against the goods and chattels of a clerk. Also the writ of execvtion on a judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias directed to the bishop of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant 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 levy, 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 virtue 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 peculiar. proceeding authorized by statute. 3 Bouv. Inst. n. 3396.

LEVITICAL DEGREES. Those degrees of 'kindred set forth' in the eighteenth chapter of Leviticus, within which persons are prohibited to marry. Vide Branch; Descent; Line.

LEVY, practice. A seizure (q. v.) the raising of the money for which an execution has been issued.

2. ln order to make a valid 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 Watts, 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 metes and bounds, as in a deed of conveyance. 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. LEVYING 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 conspiracy, 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.