Dictionary of Terms and Phrases Used in American or English Jurisprudence

While " shave " is sometimes used to denote the act of obtaining the property of another by oppression and extortion, it may be used in an innocent sense to denote the buying of ex

An officer of great antiquity and important functions, being charged, to speak generally, with, the preservation of the peace and the execution of judicial orders and decisions wit

A secondary or executory use, which, when executed, operates in derogation of a preceding estate; as where land is conveyed to the use of A and bis heirs, with proviso that, when B

The terms shinplasters, small bills, small notes, have no established definitions. Tlie object of the legislature, in passing an act to prohibit the issue and circulation of bills

Nautical men apply the term ship to distinguish a vessel having three masts, each consisting of a lower mast, a it is usually employed to distinguish any large vessel, however rigg

Is said to have been formerly used to designate the master of a vessel, or a seaman. At the present day, it generally means one who places his goods on board a vessel for transport

Ships of any kind intended for navigation. Also, relating to ships: as in the expressions, shipping interest, shipping aifairs, shipping business, shipping concerns. Also, the act

A county. Shire clerk. The under-sheriff. Also, a.clerk in the old county court, who was deputy to the under-sheriff. Cowel. Shire-man. The ancient title in England of the judge of

The word shop is not the legal equivalent of the word store, in a statute which makes it a penal offence to keep "open store" on Sunday. Sparrenberger v. State, 53 Ala. 481. Nor wi

That ground which is between the ordinary high and low water mark. It does not include ( when the king's title is the matter in question) land which the sea overflows only at high

The office or jurisdiction of sheriff, q. v. SI. If. The Latin conjunction expressing condition. The apt word to introduce a condition in a conveyance. See Quod. Also, the initial

So; thus. The initial word of the following Latin maxims: Sic interpretandum est ut verba accipiantur cum effectu. Construction should be such that all the language may, if possibl

In a regulation of a friendly society, that any member shall receive a weekly allowance during " any sickness or accident " that may befall him, includes insanity. Burton v. Eyden,

As before. A phrase sometimes applied to a second writ, issued where the previous writ was not executed. See Alias.

A statute requiring fences to be erected and maintained on the sides of a railroad, means on the vacant spaces between the road-bed and the outer lines of the company's land; not n

To sign and signature are commonly used in modern law as substantially interchangeable with the terms to subscribe and subscription. There is, however, a shade of difference betwee

A sign or mark impressed upon any thing; a stamp; a mark; the name of a person written and subscribed by himself. Signature implies the personal act of writing of his own name by a

One of the king's seals in England, used in sealing his private letters, and all such grants as pass his majesty's hand by bill signed; which seal is always in the custody of the k

Is the professional robe worn by those barristers who have been appointed of the number of her majesty's counsel, and is the distinctive badge of queen's counsel, as the stuff gown

The term silk veil, in the absence of any other language, in an act imposing a duty on them, presumably includes all veils made of silk; and " crape veils," being manufactured of s

Likewise; the like. This word is used in pleading.s at common law, as the name of the formula accepting an issue of fact tendered by the adverse party, thus joining an issue of fac

This word, as used in Me. Rev. Stat. eh. 157, § 5, relative to counterfeiting, is synonymous with forged or counterfeit. To make a case within the statute, the bill should have the

The corrupt presentation of any one to an ecclesiastical benefice, for money, gift, or reward; and any resignation or exchange for money is deemed corrupt, however fair the transbl

The word simple, as applied to contracts, is used in contradistinction to special. The class called simple contracts includes all such contracts as are entered into either orally o

To pursue, for a fraudulent purpose, a course which resembles, but is not, a transaction or condition of things from which the party might derive benefits or rights. Thus to simula

Together with. The words formerly used in indictments and pleadings and writs, generally, against several persons, to connect some of the defendants who were known with those who w

Without. The initial word of several Latin phrases. Sine assensu capital!. Without the assent of the chapter. The name of a writ issued, in English practice, when a dean, bishop, p

Originally, without care. Applies to an office to which no substantial duties are attached.

Enters into some legal phrases. Single bill, or bond. An obligation for payment of money, draughted without a condition or defeasance. Single demise. A declaration in ejectment mig

Each, as in the expression all and singular. Also, individual. It is applied to various things or objects regarded individually. Singular successor. A purchaser or transferee of a

A fund arising by setting apart some specific taxes or other source of government income, to be applied towards paying a specified indebtedness, usually interest first and then pri

Is used in the English parlance of the courts much as session is in the United States. The sittings at nisi prius and in banc are, respectively, the session of the court for giving

In general, a house may be said to be situate on all the lands within the same enclosure necessary for its proper enjoyment, and actually so used and occupied. Orr V. Baker, 4 Ind.

Officers formerly attached to the English court of chancery, whose duties consisted in receiving and filing all bills, answers, replications, and other records, in all causes on th

Aspersion by word of mouth; oral defamation; words uttered falsely and maliciously, by which the reputation of another is injured. The kinds of slander which may be the subject of

A person held to serve another under a claim of ownership; one who is accounted the property of another person; a bondman, in virtue of belonging to another; a servant whose master

A phrase used, especially in leases of coal-mines, to denote a fixed rent, as opposed to a rent varying with the profits. Jones v. Shears, 2 Har. i- W. 43.

A term sometimes used as equivalent to exemplary damages (5. j>.), or to punitive or vindictive damages.

To transport dutiable merchandise in such a manner as to defraud the revenue out of the duty or tax upon it. Smuggler: one who makes it a practice of defrauding the revenue, by ste

One of the feudal tenures of land. times on socage service. Knight service required military duty from the tenant, and was very uncertain in its demands and obligations; the tenant

The offence of camal copulation by one human being with another against natm-e, or with a beast; buggery.

Used with reference to mineral rights, is equivalent to surface. Pretty v. Solly, 26 Beav 606. Soit fait comme il est desire. Let it be as it is desired. The form of giving the roy

Compensation. Especially the compensation allowed by the law for injury done to the feelings, as distinguished from the indemnification awarded for pecuniary loss sustained, or phy

See Sale; Sell. The word sold, at the commencement of a memorandum of agreement, made, on the sale of goods, by the vendors, means, contracted to seU. Russell v. Nicoll, 3 Wend, 11

There are two kinds of probate; namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal procedure in court

To solemnize, spoken of a marriage, means no more than to enter into a marriage contract, with due publication, before third persons, for the purpose of giving it notoriety and cer

In English practice, has heretofore been the style or title of a practitioner in the court of chancery. The two words, solicitor and attorney, have, however, been commonly used ind

See Isr Solido.

The land; the soil. Solo cedit quod solo implantatur. To the land belongs what is planted. Solo cedit quod solo incedificatur. To the land belongs what is built into the land. See

The pecuniary condition of a person who has means and resources adequate for the payment of his debts. Solvent: possessed of property enough for payment of one's debtors. These ter

His. Son assault demesne. His own assault. Has been explained under

Male child or descendant. The phrase, sons and daughters, in a will, may include grandchildren. Case of Smith 2 Desau. 123, in note.

A promise to do an act soon, imports, usually, that the promisor will do it in a reasonable time; he is entitled to a reasonable time for performance, and is liable, after that tim

V. An action brought to recover damages, not for specific property, is said to sound in damages.

adj. In good condition. A word frequently used, in warranties of things sold, to aver that the subjectmatter is in marketable condition; and, in reference to mental capacity, to in

The style or title of the presiding officer of some deliberative assemblies; particularly those of the United States house of representatives, and of the two houses of parliament.

A contract, engagement, or obligation manifested by an instrument under seal. The tendency in modern books to use specialty as including obligations appearing by matter of record i

1. Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. A note drawn payable in specie, means in

A particular and detailed account. In the law of contracts, it denotes an extended statement annexed to complex building contracts, agreements for construction of public works, and

A gift by will of some particular thing of a personal nature. Specific legacy. A legacy is general, where its amount or value is a charge upon the general assets in the hands of th

That branch of equity jurispmdence which compels a contracting party to do as he has agreed, instead of leaving the other party to such remedy as he can obtain by damages for non-p

Is an execution which, by the direction of the judge at nisi prius, issues forthwith, or on some early day fixed upon by the judge for that purpose after the trial of the action. B

Hope of recapture. The title to property captured at sea is not deemed to vest in the captors until their capture has been made entirely complete and certain; until there is no lon

Is equivalent to spirituous, and may be used for it in an indictment. Commonwealth v. Burke, 15 Gray, 408.

Ecclesiastical; pious; religious. Thus the books speak of the spiritual courts, and of spiritual corporations. the word "spiritual" instead of "spirituous." State V. Clark, 3 Ind.

The phrase spirituous liquor, in a penal statute, cannot be extended beyond its exact literal sense. Spirit is the name of an inflammable liquor produced by distillation. Wine is t

1. In ecclesiastical law, an injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. It also

A use limited to commence in future, independent of any preceding estate; also called an executory use, or executory interest. 2 Bl. Com. 334; Wms. R. P. Pt. H. oh. 3.

A spurious bill may be a legitimate impression from the genuine plate; but it must have the signatures of persons not the officers of the bank whence it purports to hare issued, or

A dedication of lands to public use as a square, means for free passage, or to be ornamented and improved as grounds for recreation or health. Meth. Ep. Church v. Mayor, &c. of Hob

Imports a wound made with a pointed instrument. State u. Patza, 3 La. Ann. 512. To constitute stabbing, the knife need not enter further than to penetrate the skin and draw blood;

Courts of admiralty and of equity have not always considered themselves bound by the statute of limitations, but have generally accepted its principle, so far at least as, in the e

A label or printed device adapted to be attached to some subject of charge or taxation, and prescribed by law to be so attached, as evidence that the proper sum has been paid.

This verb, and standing, as participle and noun, are used in somewhat technical senses. A transaction or deed which has been objected to or unsuccessfully impeached is said to stan

See Court of Stannaries.

n. 1. A body of people united under a distinct government; an organized community; a government of a united people, deriving authority from In this definition is contemplated the u

V. To allege; to aver; to declare as matter of fact. Stated: alleged or averred. Also, definitely appointed; deliberately settled; regularly recurring; as in the expressions, state

In a general sense, an allegation or averment; a declaration of matters of fact. The term has also come to be used of a variety of formal allegations or narratives of facts, requir

In the broadest sense, station means place or position. It may be said that, wherever a man stays in pursuance of orders, he is stationed, and that, if he is a military man, such p

The hall of the stationers' company, at which every actions against persons infringing it. 2 Steph. Com..37-39.

Means such articles as are usually sold by stationers, — paper, ink, quills, &c. The term may include ordinary law-blanks, but does not embrace blank forms, appropriate only for th

An interruption or suspension of a judicial proceeding. Stay is used in the constitution of Delaware, instead of supersedeas; the difference between the two words being only verbal

To steal is the verb employed as meaning to commit larceny; and stealing, when used as a noun, is equivalent to and interchangeable with larceny, though less technical, and hence l

An obsolete name for offences that are by no means obsolete. It seems to have been vaguely used for a variety of wrongs, chiefly, however, such as involved fraud. Examples given in

A person whose occupation it is to stow packages and goods in a ship's hold. Webster.

A man appointed in the place or stead of another. It generally denotes a principal officer within his jurisdiction. Thus the steward of a manor is a person appointed by the lord of

In Scotch law, is said to be equivalent to the English " county " See Brown.

Any periodical payment for services. In English ecclesiastical law, it is particularly used for the income of an ecclesiastical living or curacy; and, in Scotland, to denote the pr

In the Roman law, the term applied to the solemn form of constituting an agreement. This form " I do." The maker of the promise thereupon became bound to i ts performance. See Sand

1. An instrument of much importance in the practice of admiralty courts, being an engagement in the nature of bail, or of a recognizance or undertaking given to procure discharge,

A stock; a source of descent. Used by law-writers frequently in the plural form, — stirpes. See Pek Stirpes.

1. Indebtedness of states or governments is often represented by stocks, so called, shares in which are represented by scrip issued to creditors of the government, or by entries an

A contrivance in the nature of a large clamp, adapted to hold a man's legs, so that, when it was adjusted, the person sat in confinement. It was originally used to confine offender

The name of an order grantable in English chancery practice, to prevent drawing out a fund in court to the prejudice of an assignee or lienholder. If any person entitled, in expect

By the general mercantile law, a seller of goods, who has forwarded them to the buyer without having been paid the pi-ice, may, if the buyer has become bankrupt or insolvent, or ha

V. Storing is the keeping merchandise for safe custody, to be delivered in the same condition as when received, where the safe-keeping is the principal object of deposit, and not t

In the sense of ship's supplies, are the supplies of different articles provided for the subsistence and accommodation of a crew and passengers. Cordage, raven's-duck, and sail-clo

A policy of insurance insured against loss by " fire or storm; " a freshet, occasioned by the melting, of the snow and prevailing south winds and rain, carried away the property: a

Is a term in Scotch law, signifying a species of robbery. The distinction between the offences of robbery and stouthrief has never been very clearly defined, and, originally, they

The noun strand originally signifies any shore of a sea or (navigable) stream. Hence, to strand is for a vessel to ran upon the shore, or to run a ve.ssel upon the shore; and stran