Dictionary of Terms and Phrases Used in American or English Jurisprudence

A " put," in the language of the grain or stock market, is a privilege of delivering or not delivering the suhjectmatter of the sale; and a " call " is a privilege of calling or no

Believed; reputed. A man who has been adjudged in proceedings in bastardy to be the father of a bastard is called the putative father. A marriage which has been contracted in good

The useful or available four years. The period of four years allowed by the law of Scotland to a minor after attaining his majority within which " he may pursue for reduction of an

Of four parts. Applied to an indenture executed between four parties; hence made in four counterparts or copies.

Progeny of a white person and a mulatto; a person of one-fourth negro blood.

What sort of right. The name of an old English writ which lay where an ecclesiastical person had recovered judgment for lands, but had not issued execution, to inquire by what righ

1. To adapt; to make fit; to prepare. In a special sense of the word, it means to take the oath and give the bond required by law from an administrator, executor, public officer or

So long as; as long as. Quamdiu se bene gesserit. As long as he shall conduct himself well; during good behavior. A phrase used to express the tenure of judicial and other offices.

When. The initial word of several Latin phrases and maxims. Quando acciderint. When they shall come in; when they shall come to hand. A judgment against an executor or administrato

How much; as much. The initial word of several Latin phrases. Quantum damnificatus. How much is he damnified. The name applied to an issue directed by a court of equity to be tried

Originally, a period of f6rty days. 1. The space of forty days after the death of a husband seised of land, during which his -widow was entitled to remain in her husband's capital

Wherefore; for what reason; on what account. Used in the Latin form of several common-law writs, as illustrated below. Quare clausum fregit. Wherefore he broke the close. The empha

When used in a release, is said to extend not only to real and personal actions, but also to the causes of actions and suits; so that by the release of all quarrels, not only actio

One-fourth part; also specially used to designate the fourth part of a year. By statute in New York (1 Rev. Stat. 606, § 3), as well as by old common-law authorities (Co. Litt. 135

Fourth. Quarto die post. On the fourth day after. Appearance day, in the former English practice, the defendant being allowed four days inclusive, from the return of the writ, to m

To annul, overthrow, or vacate by judicial decision; as to quash an indictment. Que est le mesme. The law-French expression equivalent to the Latin quce est eadem, — which is the s

As if; as though; as if it were. This word is used, often by way of prefix to another word, to denote a resemblance, with some difference, between two subjects. It is applied to pe

Four. A Latin numeral, to which quartus (fourth) is the corresponding ordinal. Quatuor pedlbus currit. It runs upon four feet; it runs upon all-fours. A phrase which is used, in ma

The popular and commercial signification of the word quay involves the notion of a space of ground appropriated to the public use; such use as the convenience of commerce requires.

The female sovereign of a country under a monarchical form of government. A queen regent, regnant, or sovereign, is one who holds the crown in her own right. A queen consort is the

An expression in pleading, now obsolete, used to avoid prolixity in setting forth the chain of title alleged by a party claiming a prescriptive right.

Because. In the Latin forms of conveyances, quia was used as the apt word to introduce the consideration; in the same manner as si, to introduce a condition, and ut, the modus of t

Whatever. Quioquid plantatur solo, solo cedit Whatever is planted in the soil belongs to the soil. Every thing annexed to the soil in a permanent manner goes with the soil; the own

Quit; acquitted; freed; discharged; an acquittance; a discharge. A word which was commonly used by the clerk of the pipe and auditors in the exchequer in their acquittances or disc

Whoever will; any one who will. Any person without distinction. Quilibet potest renunciare juri pro se introducto. Any one may renounce a right introduced for his own benefit. Any

Every; every one. Quisque utitur jure auctoris. Every of stating the principle of the maxim, nemo plus Juris ad alium transferre potest quam ipse habet, q. v.

Whoever; -whatever; every one who; all that.

Clear; discharged; free; also, spoken of persons absolved or acquitted of a charge. Quit, in a deed, is tantamount to "sell" or " release," and will pass the land. Gordon V. Haywoo

Any; anyone; everyone. Quivis praesumitur bonus donee probetur contrarium. Every one is presumed innocent until the contrary is proved. A familiar principle of common law, called "

Of whom. This, the genitive plural of qui, is used as an English substantive. Thus employed, it signifies the number of persons belonging to a legisla^ five, corporate, or other bo

How many; what number; what part; what proportion. The feminine form of this Latin interrogative, quota, is used as a substantive in English. And the adverb derived from it, quotie

The name of a writ by which the question, by what authority persons claiming or usurping any ofiice, franchise, or liberty are acting, is litigated. In old English practice, the wr

When. This Latin adverb is sometimes spelled cum. Quum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est. When two things repugnant to each other are found in a w

The question has been mooted whether the general term railroad includes horse or street railroads, or is confined to those run by steam. The decisions differ; and the rule seems to

Has some peculiar uses, generally importing the idea of calling or bringing any thing into existence, or of inferring the existence of any thing Raising an action. In Scotland, is

In public-land laws and surveys, is used as a guide in finding a given township; the townships of a certain row or tier, as they appear on the map, are said to lie in range No. so

In old English law, a sworn officer of the royal forests, whose duties were to walk daily through the territory in his charge; to inquire of trespasses and trespassers within his j

Every modus of tithes is presumably based on a composition on fairly equitable terms, by which the modus is substituted for the payment of tithe. See Modus. If then, a modus be so

1. In old English law, a sum of money paid for the pardoning of some great offence, or to redeem the person from captivity or imprisonment, or property from seizure; a fine, partic

The removing of letters or words of an instrument by scraping off the ink and fibres of paper to which it adheres; erasm-e. It is a species of alteration of instruments.

By the phrase ratable value, as used in the Connecticut statute against evasive transfers of bank stock, is not meant the percentage at which the stock goes into the grand levy, th

Acceptance of or assent to an act performed by another; confirmation by a constituent or principal of what has been done by a representative or an agent without original authority.

Reason. Also, an account; a cause. Ratio legis est anima legis. The reason of the law is the soul of the law. This principle is more commonly expressed by the maxim, cessante ralio

The verb corresponding to the noun rape, q. v. Ravishment: abduction; marriage of an infant ward without guardian's consent. Also, rape. Ravish, or ravished, is indispensably neces

1. In the Middle Temple those persons are called readers who are appointed to deliver lectures or readings at certain periods during the term. 2. The clerks in holy orders who read

In English ecclesiastical law, a new incumbent of a benefice is required to read, within two months of actual possession, the morning and evening prayers, and declare his unfeigned

On a note payable in ready-made clothing, the payee has no right to demand a garment which has been

In common-law jurisprudence, generally signifies landed; having the attributes of permanency and immobility which distinguish the soil; connected with or relating to land, or estat

Where the plaintiff was to be paid " out of the first money and government scrip realized " by the defendant from the sale of certain lands, it was held that an executory contract

A brief term for real property, also for any thing which partakes of the nature of real property.

Occurs in several phrases which have a technical meaning. Reasonable aid. A duty claimed by the lord of the fee, of his tenants holding by knight-service, to marry his daughter, &c

See Reinsurance.

A second attachment, or an attachment of a person who has been previously attached, and has been dismissed the court without day, from the happening of some casual circumstance. Co

1. In modern public and criminal law, one who engages in war, or rises in armed resistance against his government; one who forcibly resists the execution of the laws, or of lawful

To contradict, meet, or oppose allegations, charges, or evidence; to adduce counter-proofs. Rebutter: the name, in the system of common-law pleading, of the answer interposed by de

Taking a second time; applied to an arrest of a person who has been before arrested for the same cause, but has escaped. Recaption, or reprisal, is a species of remedy by the mere

The taking from an enemy, by a friendly force, a vessel previously taken for prize by such enemy.

1. The act or transaction of accepting or taking any thing delivered; and, in the plural, moneys Code, § 1825, relating to the compensation of administrators, therein used, means p

Originally, one who gives a receipt. But the term has a special sense, in the practice established in many of the states, relative to goods seized on attachment. The officer, inste

It may apply to the obtaining real property, as well as personal. Harlow v. Tufts, 4 Cush. 448, 453.

1. In equity practice, a person appointed by a court to take charge of funds or property while sub judice, make sales, collect proceeds or increase, and render account. mode, in ch

To state in a written instrument facts connected with its inception, or reasons for its being made. Recital: the formal statement or setting sons upon which the transaction is foun

1. Spoken of pecuniary claims, means to demand back again what one has before parted with. Thus, if one pays for goods, and they are not delivered, and he sues to recover back the

A name formerly applied to a jury impanelled on an assise in a real action; because, says Jacob, they acknowledge a disseisin by their verdict. The word is sometimes met in modern

An obligation of record, which a man enters into before some court of record, or magistrate duly authorized, binding himself under a penalty to do some particular act, — as to appe

V. To enter in writing, for preservation; to make memorial in official books; to transcribe in permar nent form, for future reference; to write out as authentic evidence. Record, n

1. The title of a class of judicial officers, having generally original criminal jurisdiction within a locality, together with statutory authority over various special proceedings.

or BECOUPE. To deduct or keep back; to withhold part of a demand, from equitable reasons. Recoupment, or recoupement: discount; abatement or reduction of a demand. These words are

The general mercantile law allows that when a payee or indorsee of a negotiable instrument desires to transfer his property in it, without at the same time assuming the responsibil

1. To obtain by means of judicial proceedings. Recovered: established to be one's right, or obtained by judicial proceedings. Recovery: obtaining by judicial proceedings; also, the

To answer one accusation by a counter-charge. Thus, for defendant in a divorce suit, founded on allegations of adultery, to charge the plaintiff with adultery, is to recriminate. C

This term, in Mass. Stat. 186.3, ch. 38, confirming acts of towns in agreeing to pay "bounties and recruiting expenses" for soldiers already furnished by them, can only be applied

Any person, firm, or corporation who rectifies, purifies, or refines distilled spirits or wine by any process, or who, by mixing distilled spirits or wine with any materials, manuf

A writ of right, in various cases. The following are particularly mentioned: Recto de advocatlone ecclesiae. Writ of right of advowson. This was a writ of right which lay for a man

In ecclesiastical law, the incumbent in full possession of the rights of a parochial church. Rectory: the house and grounds belonging to the parish church, and appropriated to the

Right in court; free from any chai-ge or impeachment. The condition of a person who stands at the bar, against whom there is no charge or objection; or a person who has cleared him

A word of English use, connected with the law relating to the church, and which, as employed in the statutes, is understood to mean one of those persons who separate from the churc

The red-book of the exchequer is an ancient record, being a manuscript volume of several miscellaneous treatises, kept in an office in the exchequer. It contains some things (as th

A surrendering or restoring; being also a judicial acknowledgment that the thing in demand belongs to the demandant, and not to the person so surrendering. Toirdins.

or REDITUS. Something given back, and particularly a rent. Redditus siccus, or dry rent, was a term of old English law applied to rents for which the landlord in former times had n

To buy back; to repurchase. Redeemable: that which one has the right to buy back. Redeemed: bought back; repurchased. Redemption: the buying back or repurchasing something which on

or REDHIBITION. The civil-law name for buyer's rescission of the contract of sale; the returning a thing purchased for defects, and annulling the sale. Redhibitory action. A suit t

A disseisin made by a person who had once before been adjudged to have disseised the same man of his lands or tenements, for which there lay a special writ, termed a writ of rediss

To diminish. Reduction: abatement, diminution, or making smaller a demand. Reduce to possession. To change a mere right in action into actual custody and enjoyment. When a person t

A fault in the draughting of writings, consisting in irrelevant matters are stigmatized as redundant. The words are chiefly used of excess or supei-fluities in pleadings; but this

To resume possession. Re-entry: the entering again into or resuming possession of lands. Usually in leases there is a proviso, that upon the tenant not paying the rent, or not perf

An old word signifying officer. It is differently defined in the books which attempt to say what sort of an officer it imported; apparently because it was applied to many officers

A second extent made on lands and tenements, on complaint being made that the former extent was only partially performed. Cowel.

1. Is used in a technical sense, as meaning to send an issue or question arising in a cause to be tried or examined by a person or persons specially designated for that duty. Refer

To correct; to make anew; to rectify. Reformation: reforming; the making a thing to be what it ought. The chief technical use of these terms is with reference to judicial correctio

In the parlance of English courts, a fee paid to barristers, in cases of prolonged attendance and service. According to Brown's explanation, it frequently happens that, after the b

Is spoken of the act of a witness who, having forgotten details of the matter as to which he is testifying, consults his documents, memoranda, or books to bring the facts more dist

Besides the popular use of this word in the sense of emblems of royalty, indicia of sovereignty, it is used in old law for the king's royal rights, his prerogative: considered to c

In old English law, inspection; supervision. Also, a reward, fee, or perquisite. Regard had a special use in matters pertaining to the forest. The regarder was an officer charged w

A person appointed to conduct the affairs of state in a monarchy, in lieu of the reigning sovereign, during the absenqe, disability, or minority of the latter. Regency: the conditi

A collection of ancient Scottish law, supposed to have been compiled by order of David I., king of Scotland. Bell. It is so similar to the treatise on English law, written by Glanv

A slayer of a king; also, the killing of a king.

A French word for a system of regulations or rules. Regime dotal. In French law, the dot, being the property which the wife brings to the husband as her contribution to the support

The queen. As the queen is the source of authority in English criminal prosecutions, the proceedings in them are entitled in her name; and criminal cases during a woman's reign are

V. To enter in official permanent books or form; to record. Register, n.: a record. Register, n.; Registrar: one whose office it is to enter documents, occurrences, and transaction