Dictionary of Terms and Phrases Used in American or English Jurisprudence

A building adjoining or belonging to a dwelling-house; a building subservient to, yet distinct from, the principal mansion-house, located either within or without the curtilage. Bo

The Saxon Thanes divided their hereditary lands into inland, such as lay nearest their dwelling, which they kept to their own use; and outland, which lay beyond the demesnes, and w

As used in Ala. act of Dec. 28, 1868, § 1, declaring counties liable for persons killed by an outlaw, &c., does not mean an outlaw in the strict commonlaw sense of the term, a pers

When applied to a promissory note, means, barred by the statute of limitations. Drew v. Drew, 87 Me. 389.

An ancient proceeding, putting a man out of the protection of the law, so that he became incapable of bringing an action for redress of injuries, and forfeited all his goods and ch

A general term for any grave injury or heinous wrong; any violation of another's right which shocks the general moral sense. It is not a law term, though often met in the decisions

Bailiffs errant, employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds, to summon men to the county or hundred court. Wharton. Ouverture d

The words "over" and " under," as applied to the surface, are not precisely opposites. Apersonpasses over a road, if he crosses it on the surface, as well as when he crosses above

Differs in meaning from "draft;" that often signifies the instrument asking for money. We have never met "overdraft" used for the instrument asking for too much money; it usually s

To obtain more money from one's bank or depositary, by bill, check, or order, than the state of the account authorizes. Overdrawing: between banker and depositor shows a balance in

1. Of commercial paper, dishonored; matured and unpaid; past the time named for payment, yet not paid. Wharton defines it as meaning past the time of payment. But we do not underst

Spoken of decisions of the courts, signifies that a court has decided a question of law adverse to a decision of it, in some former cause, so that the earlier decision loses author

The style or title of several classes of public officers whose duties involve continuous general superintendence of routine affairs. Overseersof high-ways, or Toads. In several of

Open; public. In the law of crimes, overt is applied to " act," to intensify the distinction between a design or intent, and something actually and manifestly done in the execution

Equality. A sum paid by one of two joint owners, upon a partition of lands which cannot be quite equally divided, to equalize the shares, to make the value received by the recipien

Under a statute which endelnption may properly be made by a person who has been decreed a bankrupt, the lands having been his. Hampton v. Bouse, 22 Wc Ul. 263. A factor does not be

A statute prohibiting any person from selling wine, &c., without a license as dram-shop keeper, except a wine-grower selling " on his own premises," means that he may sell at the p

Originally, a law-French verb, meaning to hear. In ancient practice, when a defendant sued upon a written instrument, of which he had no copy, desired toknow its precise contents a

To pack a jury is a current expression, meaning to employ constated in the plaintiff's declaration. But now, to demand oyer of an obligation, is not only to desire the plaintiff's

A package, within the meaning of U. S. Rev. Stat. § 3437, imposing internal revenue tax upon friction matches in parcels or packages of one hundred or less, means a bundle put up f

In the act of Congress of March 2, 1827, § 3, prohibiting private conveying of letters and packets, includes newspapers. 4 Op. Att.-Gen. 276.

An agreement. The word IS common in books founded on the civil law, and in Louisiana decisions, but is rarely used alone under common-law systems. It appears, however, in the terms

An agreement; a pact. In the civil law, this term is applied to any agreement or convention not having a specific name, and which was without consideration; such an agreement would

Members of a legislative assembly lose their votes upon any question, unless they are themselves present when the question is put; voting by proxy is not allowed in these bodies. H

A former English court of legal jurisdiction, held in the borough of Southwark, and having cognizance of personal actions arising within twelve miles of the palace of Whitehall. It

1. The list, roll, or schedule embracing the names of persons summoned to attend as jurors; also, the body of persons in attendance under the summons is sometimes called the panel.

In the parlance of the English bar societies, is an attendant or domestic who waits at table and gives bread (panis), wine, and other necessary things to those who are dining. The

Literally, equal. As often used, it may be more lucidly rendered apparent worth, nominal value. When stocks or evidences of debt are salable in the market at their nominal value, t

I have him in readiness. The form of a return by a sheriff to a capias ad respondendum, signifying that he had the defendant in readiness to be brought into court.

Below; inferior. Burrill derives the word from the French par, by, and avaler, to descend,, to be under; and contrasts it in etymology as well as in conventional meaning with its c

A distinct portion. Spoken of lands, it is used in conveyancing as equivalent to piece; and meaning any tract of indeterminate separated from the main bulk, and put up for sale and

One of tenants in coparcenary, q. V. Parcenary is in use as the equivalent of coparcenary. But we judge the best nomenclature of the subject to be to use coparcenary as the name of

In old English law, a place appointed for confining estrays; a pound; also, a portion of private grounds set apart for keeping deer; a park. Paroo fracto. The name of an old Englis

Governmental forgiveness of an offence; authorized remission of a punishment of crime; the executive act by which a convict may be released from penalties. The distinction between

A parent, q. v. Parens patriae. Father of the country. This phrase expresses that relation of the sovereign to the subject by virtue of which he has a kind of guardianship over var

A supplement or appendix. The name is especially applied to a work in great repute, published in 1726 by Dr. John Ayllffe, Fellow of New College, Oxford. The full name of this work

In old English ecclesiastical law, a parish was a circuit of gi-ound committed to the charge of one parson or vicar, or other minister having the care of souls therein. It was thus

Tlie residents of an English parish, known as " parishioners," have, in that character, important rights of local government. Parishioners are a body politic for many purposes; as

In English law, a portion of one's grounds which he has, by lawful right, enclosed and stocked with beasts of chase. Compare Chase. Manwood defines a park to be a privileged place

Not under seal, or not in writing. Parol is often used as if precisely equivalent to "oral" and "verbal." We think, however, there is justification in usage, and very great conveni

The offence of ki Uing one's father; also, a person guilty of killing his father. This word has, in the civil and French law, the force of a technical name of a receives an aggrava

A part. Also, a party, either to an agreement or to an action or other legal proceeding. Pars enitia. The eldest part. The share of the eldest on a partition between coparceners. S

In English ecclesiastical law, the rector of a parochial church. The rector or incumbent of a parochial church, who hath full possession of all the rights thereof. He is called par

A portion; share. Bouvier says that the terms part and counterpart were formerly in use for the two copies, interchanged, of a written covenant. In modern practice, part is not muc

A part taker; a sharer. In old English law, it signified a part owner; but is disused in this sense. Particeps criminis. A participator in the crime; an accomplice. The term is app

Occurs, without material deviation from the vernacular meaning, in some phrases which are technical. Particular average. Particular ave^ age is the damage or loss, short of total,

Allotment of shares; division. In jurisprudence, it is usually used of the right, or of proceedings to enforce the right, which either of joint owners of real property has to deman

Offspring. According to Bouvier, it is sometimes used in the limited sense of a child at its birth. Partus sequitur veutrem. The offspring follows the womb. The application of this

V. 1. In speaking of conveyances or sales, that is said to pass which is transferred from one party to the other, by force of the instrument or contract. Thus the title is said to

n. An authoritative or official writing, permitting a person restricted within limits, to go beyond the designated bounds. When a territory is in military occupation or under marti

As used commercially, signifies travel by water; affreightment of passengers; a voyage, or carriage of persons, by a vessel. Bouvier considers it is also used in the sense of passa

An ancient court of record in Liverpool, once called the mayor's court of pays sage, but now usually called the court of the passage of the borough of Liverpool. This court was for

Occurs in some technical phrases. Passive debt. According to. the books, the debts which a person owes are sometimes called passive debts, to distinguish them from the debts which

is said to mean, strictly, a license to pass a port or haven; that is, a license for the safe passage of any man from one place to" another. Termes de la Ley; Cornel; 1 Bl. Com. 26

Open. The word is, originally, an adjective applicable to any document or writing which is subject to any one's perusal, not closed, or sealed in the sense of secured against inspe

Father. The initial word of several Latin maxims and phrases, viz.; Pater est quern nnptise demonstrant. He is the father whom the marriage indicates as such. This rule is applied

Paternal; also, the pays or vicinage; the men of a neighborhood. Thus, when it is said inquiratur per patriam, a jury of the neighborhood is meant. Patria potestas. Paternal author

Distinguishes the property which one has received from his father; or sometimes, more largely, that which he has received from his who has the gift of a benefice. In the Roman law,

The right of appointing to ofiice, presented as a perquisite, privilege, or personal right; not in the aspect of a public trust. In ecclesiastical law, the right of presentation to

The proprietors of certain manors created in New York in colonial times were so called.

A Latin adjective, originally signifying poor; but used as a noun, as the technical designation of a person so poor that he must be supported at public expense; also, of a suitor,

Corporations which have a right to pave the streets may raise or lower partictdar parts of any street, if such raising or lowering should be necessary for performing the work in a

n. The thing bailed in the contract of pledge. It is also in use as a verb, meaning to pledge, to leave as security; and sometimes appears in the sense of the contract of pledge. U

To deliver, in satisfaction of a debt, duty, or obligation, the thing due. Paid: discharged by delivery of the value called for. To pay, as usually understood, means to deliver mon

Dischargeable by delivery of value, usually money. Also, matured; ready to be discharged immediately; due now. Payable as convenient. A written contract containing a provision tlia

The style or title of an officer charged with making payments; as to the army.

The act of discharging a debt, duty, or obligation, by delivering a value for which it calls; also, the money or other value delivered., A payment cannot be construed as an accepta

A purveyor. Cowel. Also, one who sued to the court of Rome for a provision. Jacob.

1. Amity between states or nations; the opposite of war. 2. Orderly, quiet behavior of individuals towards one another; good conduct within a community. Assaults and violence are c

A particular parish or church that has jurisdiction within itself, and exemption from the ordinary. There are several sorts: Royal peculiars, which are the sovereign's free chapels

A little money; separate property. In the Roman law, the private or separate property of one who was not sui juris; particularly, the limited amount of money or property which a so

Among the ancients, cattle were the chief form or representative of wealth; hence pecunia, formed from ^ecMS, a flock or herd, came to be a general name, in the Roman law, for prop

Monetary; in or in the ecclesiastical court, which arise from the withholding ecclesiastical dues, or the doing or neglecting some act whereby some damage accrues to the plaintiff.

Originally, an equal; thus trial by one's peers signifies trial by those of equal condition or rank with the accused. In the feudal law, vassals of a lord who sat in his court for

Punishment. Peine forte et dure. Severe and hard punishment. This was the name of what may be regarded as a punishment for refusing to plead to an indictment for felony, but more p

That which involves suffering: hence, more largely, that which pertains to punishment; inflicts loss by way of restraint or sanction. Penal is used as a synonym of criminal, in sec

1. Punishment; especially a pecuniary fine, or mulct. 2. Money recoverable by virtue of a statute imposing a pecuniary loss or payment by way of punishment. 3. A sum named in a bon

An act involving shame or suffering, which a convict is required to perform by way of punishment. is law; penance is self-inflicted, being compelled by ecclesiastical censure. The

Fending, as lis pendens, a pending suit. Pendente lite. Pending suit; during litigation; during the actual progress of a suit. Thus letters of administration may be granted pendent

A petition for a highway, as soon as filed with the clerk of the proper court, is pending. Wentworth v. Farmington, 48 N. H. 207. Although judgment has been recovered in an action,

A place for confinement of convicts. It is sometimes the name of a particular prison, sometimes used generically. The word penitentiary is used in Kansas statutes to denote a priso

n. A periodical allowance of money, especially one made by government in consideration of past services, either of the recipient or of some one on whom the recipient depended. Pens

In Mexico, a debtor held by his creditor in a qualified servitude to work out the debt; a serf. Webster.

In Spanish law, a footsoldier's portion of lands conquered; a parcel of land of varying size. In the Spanish provinces in America, it measured fifty feet in width by one hundred wo

Travelling around or throughout; walking around boundaries, to inspect and settle them. Perambulation of the forest was the surveying or walking about the forest, and the utmost li

Taking into possession; thus perception of crops or of profits is reducing them to possession.

As used in the cases relating to the right of land-owners to use water on their premises, designates any flowage of sub-surface water other than that of a running stream, open, vis

adj. Complete; as a perfect obligation, one which possesses all the elements necessary to render it enforceable. Perfect, v.: to make complete; as to perfect an appeal, to perfect

V. To accomplish; to act as one has agreed; to do, and usually to do what one ought or properly may. A person is said to perform a contract, but to commit (not to perform) a crime.

Marine insurance is usually understood to be an engagement to indemnify the promisee against loss of damage resulting from perils of the sea; and if the injury arises from no unusu

Ordinarily means subject to speedy and natural decay. But where the time contemplated is necessarily long, the term may embrace property liable merely to material depreciation in v

The offence committed by one who, having taken an oath or affirmation, lawfully imposed, to testify truly, wilfully makes a material assertion believed to be untrue. Definitions th

Does not always embrace the idea of absolute perpetuity. Hascall V. Madison University, 8 Barh. 174. The phrase permanent abode means a domicile, a home, which a party is at libert

Allowed; suffered. Permissive use. A passive use which was resorted to before the statute of uses, in order to avoid a harsh law, as that of mortmain or a feudal forfeiture, and wa

V. To allow; to give consent to; to suffer. Permission: allowance; consent; leave; sufferance. Permit, n.. a fonnal paper, embodying consent or leave from an officer or proprietor,

Taking, receiving, enjoying, &c. Thus the pernancy of the profits of an estate means the receipt or enjoyment of the profits; and he who is thus in the receipt of the profits is te

A statute making the perpetrator of an act resulting in death liable for the injury may be applied to a railroad company. Philo v. Illinois Central Kailroad Co., 33 Iowa, 47.

Continuous; enduring; lasting; unlimited in respect of time. Perpetual curate. A permanent minister in holy orders of an " appropriated " church in which no vicar had been endowed,

A proceeding, allowed under different regulations in various jurisdictions, for preserving the testimony of an aged or sickly person, or one likely to remove out of the jurisdictio

Has a technical signification, is applied to attempts to invest money or restrict the alienation of land in such way as for ever to retain it for the benefit or in the enjoyment of