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Deeiwe

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To set bounds to, mark the limits of. See Definitio; Definition.

1.

To make clear the design or scope of previous action; to remove doubt or uncertainty as to the meaning or application of; to determine authoritatively, settle officially, decide judicially. In popular meaning, often, to make clear and certain what was before uncertain or indefinite, to render distinct; but in legislation frequently has a broader signification. Many constitutional laws have been passed conferring powers and duties which could not be considered as merely explaining or making more clear those previously conferred or sought to be, although the word " define " was used in the title. In legislation the word is frequently used in creating, enlarging, and extending the powers and duties of boards and officers, and in defining and providing punishment for offenses — thus enlarging the scope of the criminal law. It may very properly be used in the title of a statute where the object is to determine or fix boundaries, especially where a dispute has arisen concei-ning them, whether the extent of territory included be enlarged or lessened.^ 3. To enumerate or prescribe what act or acts shall constitute; to declare to be an offense. "To define pii'acies" is to enumerate the crimes which shall constitute piracy.* Declaring that a certain act shall constitute an offense is " defining " that offense.'