A Dictionary of Law
1889 — browse every term in this dictionary, A–Z.
Showing the 284 terms defined in A Dictionary of Law. Browse all dictionaries
- Sabbathdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
Sabbath and Sunday are used indiscriminately to denote the Christian Sabbath. 1 See Sunday. SiEVITIA. L. Raging, ferocity: fierceness, savageness, barbarity, cruelty, violence. In
See Police, 2; Welfare. SAID; AFORESAID. As employed in legal writings, convey certainty of reference. When a name, once introduced into a pleading, is repeated, the repetition mus
A stipulation in a charter-party that the vessel is " now sailed or about to sail with cargo," is a stipulation that she has her cargo on board and is ready to sail.' Sailing. With
- Saloondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Originally, a large public room or parlor; now, usually, a place where intoxicating liquors are sold.^ A licensed saloon-keeper is, therefore, a person licensed to sell intoxicatin
See Lex, Salus populi, etc.
- Salvagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
^ 1. Allowance for saving a ship or goods from the danger of the seas, from fire, pirates, or enemies. 6 The compensation allowed to persons by whose assistance a ship or vessel or
Refers to the next antecedent.' Does not always mean identical; frequently, of the kind or species, though not the specific thing; is often a substitute for a word used hefore, and
- Sampledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
' In the law of sales, that which is taken out of a large quantity as a representative of the whole; a part shown as a specimen.'" The fair import of the exhibition of a sample is
- Sanctuarydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
' 1. Exemption of a place, consecrated to religious duties, from criminal arrests.' As a plea, introduced at a time when superstitious veneration was paid to consecrated ground. Th
- Sanedefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
i Whole in mind; healthy in mind; of sound mind. Insane; nonsane. Not whole, sound, or healthy in mental faculties; unable, from nature or accident, to perform the rational functio
See Pueblo. Sanction. The vindicatory branch of the law, whereby it is signified, what evil or penalty shall be incurred by such as commit any public wrong, and trespass or neglect
See Commerce; Health; Quarantine, 3; Police, 2.
See Sine.
1. To supply fully, with what is required; to free from doubt or uncertainty; to set the mind at rest; to convince. " To satisfy fully " is to exclude all doubts, reasonable or oth
1. To reserve, exempt out of; to pi-eserve. Statutes allowing summary convictions " save " the right of trial by jury. A saving totally repugnant to the body of a statute is Void."
See Bank, 3 (2).,. SC. See SciEE, Scilicet.
- Scandaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
3 1. In scandalum magnatum, words spoken in derogation of a peer, judge, or other high officer of the realm. Formerly, more reprehensible than defamation of a common or private per
Schedules are annexed to constitutions, statutes, answers, depositions, petitions in insolvency, bankruptcy, and probate courts, and to other documents, in order to exhibit in deta
The "scheme of a statute'' means the scope or extent of operation in- ■ tended for it by the enacting body. 2
Separation; division. " In case a schism or division shall take place in a society " means in case a society shall separate, divide, or become partitioned, without reference to its
- Schooldefined inCase LawU.S. CodeBouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A place for instruction, particularly for the young. In the constitution of California, " schools " refers to common or public schools, such as are organized for the sole purpose o
- Scienterdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
See Scire, Scienter.
See Scire, Facias. SCIETfCE. In its broadest sense, knowledge; the knowledge of many, methodically digested and arranged, so as to be attainable by many; a body of principles and d
- Scilicetdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
See Scire, Scilicet.
A spark, a glimmer; the smallest particle. Scintilla juris. A spark of right or law; the smallest particle of legal interest. Designated a fiction resorted to to enable a feoffee t
To be aware of; to learn; to know., Scire facias. That you cause to be known. A writ for a defendant to appear in court on a day named to show cause why the plaintiff should not ha
Designatio uniixs. See Bzpkbssio, Unius, etc. DESIGNATION". The use of an expression, instead of the name, to indicate a person or thing. Compare Demonstration, 3.
- Scolddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
A troublesome and angry woman, who, by brawling and wrangling among her neighbors, breaks the public peace, increases discord, and becomes a nuisance to the neighborhood. At common
Certain duties paid by those who exercised the elective franchise within cities and boroughs.^ A customary contribution laid on subjects according to their ability.'
Scrambling possession: a struggle for the possession of land on the land itself.'
- Scrawldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
See Sceoll.
- Scripdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
" A certificate or schedule. Evidence of the right to obtain shares in a pub- 1 [United States v. Eoyall, 3 Cranch, C. C. 622 (1829): Jacob's Law Diet. 2 4 Bl. Com. 168. 3 James v.
- Scriptdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
6 A writing; an original writing. In England, a testamentary document of any kind, including even written instructions for drafting the document. Aflldavit of script. An afl Sdavit
- Scrivenerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
'' A writer for another; a draughtsman; a scribe: as, the scrivener of a will, deed, or other document. Originally, a person with whom people deposited money to be laid out when he
- Scrolldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A flourish made with a pen, around " L. S." or "Seal," and intended for a seal. May consist of a circle, a scalloped curved line, or even of brackets, written opposite the place of
See Statuary. SE. See Sui, Se.
- Seamandefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Kinney (1893)Anderson (1889)Abbott (1879)
See Sea, Seaman.
- Searchdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
A careful examination; an examination or inspection authorized by law. It may be (1) of legal records in their proper office, for acts and proceedings affecting title to realty, su
Settled; actually occupied. Opposed, unseated. Said of land, in earlier legislation. Residence without cultivation or cultivation without residence constitutes seated land. Tempora
See Secundum. SECESSIOK". See Government, De facto.
See Rent, Eent-seck.
See Distress; Exchange, 3; Mortgage; Punishment.
- Secondarydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
See Conveyance; Evidence; Use, 2.
- Secondsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
See Battery; Duel.
See Conceal; Dispose, 2; Equity; Lien; Partner; Possession, Adverse; Sbohete.
See Agent: Department; Desceiptio; Directors.
Applies to any making away with property which puts it unlawfully out of the reach of a creditor.* May be by putting legal impediments in the way by which he is prevented from gett
STATE'S. See Communi- ^CATION, Privileged, 1.
See Religion; Sectarian.
- Sectadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
See Suit, 1.
A religious sect is a hody or number of persons united in tenets, but constituting a distinct organization or party •by holding sentiments or doctrines different Jrom those of othe
- Sectiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
See Lands, Public; Parcel, 2.
- Secundumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
Following; according to. Secundum allegata et probata. According to allegations and proofs. See Alle-
2 1. To make safe or certain: to protect, insure, save, ascertain.' Congress may secure to authors and inventors the exclusive right to their respective writings and discoveries.*
Otherwise; to the contrary effect.
A tract of land below high-water mark.^ See Meadow.
8 " Seduce " and " entice " are often used indifferently in the old, and sometimes in the later, books. A journeyman was said to be seduced when enticed away from his employer's se
- Seisindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
2 The possession of land under a claim, either express or implied by law, of an estate amounting at least to a freehold. » See Seisina. Ordinarily, a possession in fact by one havi
Actual possession of an estate of freehold; seisin, q. v. Habere facias seisinam. That you cause to obtain seisin. The emphatic words of a writ of execution by which the sheriff de
See Council, 2. Selectman. In several States, management of the public affairs of towns is intrusted to boards of officers called selectmen.
- Selldefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
See Sale; Retail. Compare Bis-
^ It seems; seemingly. In written decisions, and in notes to cases, indicates that the statement following is an expression of opinion as to what a decision on the particular point
See Oath, Suppletory.. SEMINARY. Has no definite legal meaning; is used in a general way to designate institutions for the promotion of learning. 6 In a statute exempting from taxa
- Semperdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Always; ever. » Miller v. United States, 11 Wall. 296 (1870), Strong, J. 2 The Segunda, 10 Wheat. 32B (1826), Story, J. ' Lotteries, 1 6 Op. Att-Gen, 5 (1878), " « Greene v. Pacifi
In New York reports, senator.
- Senatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Bouvier (1839)
See Congress; House, 3.
- Seniordefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
In military usage, "senior" may refer to the person longest in continuous service. Webster defines the adjective as meaning "more advanced in life; older in office or dignity; prio
Sense; signification. Mains sensus. The bad sense. In malo sensu, or malo sensu. In the less favorable acceptation. Mitior sensus. The milder meaning. In mitiori sensu. In the more
1; RESCISSION; WiLL, 1; Wittingly. Compare NosciTUR; Scire. 2. Sexual bodily connection: carnal knowledge.' " Carnally knew " is the technical phrase used in charging rape, 3. u.
- Sentencedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
* A final determination by a criminal court, or (but less frequently) by a court of admiralty. 1 See 3 Bl. Com. 303. « State ex rel. Belford v. Hueston, 44 Ohio St. 6 (1886), Spear
! 1, V. To part company. See Jury, p. 585, c. 2. 2, adj. Severed or severable; set apart; distinct; existing, belonging to, enjoyed, maintained or maintainable by or for one person
- Sepulchredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The place where the body of a human being is buried; a grave. Violation of sepulcher is the misdemeanor of will fully and unlawfully opening a tomb, vault, or grave, and clandestin
- Sequestrationdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
^ Separating or setting aside a thing in controversy from the possession of the contending parties. 1. Gathering and taking care of the fruits and profits of a vacant benefice for
- Seriatimdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In a series: severally; successively: as, the judges delivered opinions seriatim; questioiis to be answered seriatim.
"Serious bodily harm" is synonymous with " great bodily harm." 7
1. An assistant about the work of a household; a menial; a domestic; a family servant. A person hired for wages to work as the employer may direct. ^ A hireling who makes a part of
- Servicedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
See Consideration, 3; Deposit, 1; Subscribe, 2.
- Servientdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
See Easement.
- Servitudedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
1. The condition of a person who is bound to the performance of services. Involuntary servitude. "Neither slavery nor involuntary servitude, except as a punishment for crime whereo
1. n. All of several duplicates considered together: as, a set of exchange, q. v. A lease of mines has been called a "mining set." 2. v. In conjunction with other words, has receiv
- Set-Offdefined inCase LawCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
1. In law, when the defendant acknowledges the justice of the plaintiff's demand on the one hand, but, on the other, sets up a demand of his own, to counterbalance that of the plai
1. To set or determine the form of; as, to settle — a bill of exceptions, interrogatories, an issue. See under Exception, 4. 3. (1) To reside; to gain a right to maintenance: as, f
- Severdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To separate, divide, disjoin. Co-defendants may either all plead jointly the same defease, or each may plead a separate defense. The latter course is termed " severing " and '* sev
Will apply to an underground structure for conducting the water of a natural stream, as well as to a structure used exclusively for surface flpw.s The duties of municipal authoriti
See Citizen; Dubess; Influence. SHAIili. As against the government, in a statute construed " may,'' unless a contrary intention is manifest.^ Construed " must " in order to sustain
- Sharedefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A portion of anything: as, a share of stock, a share in an estate, a widow's share. 5 See Paet, 1; Portion. A share in a corporation is a right to participate in the profits, or in
In the sense of authorizing summary action, is used (perhaps locally) of a clause in a, mortgage or bond, or of the whole instrument itself, which provides for proceedings in execu
- Shavedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
To buy any security for money, at a discount; also, to obtain the property of another by oppression and extortion. To charge a man with using money lor " shaving ",is not, -within
See Animal. If a ewe is stolen, it must be so called in the indictment; a lamb must be called a lamb; "sheep" is proper only where the animal is a wether.' See Worry. Sheep-shears.
The limitation of a remainder, in fee-simple or fee-tail, to a person who already has an estate of freehold, is governed by a rule of law known as the rule in Shelley's Case — a ca
- Sheriffdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
1 An officer who represents the administrative power of a State within one of its counties; an officer who executes the mandates of the courts of record within a county; the chief
See Inhekitancb; Use, 3.
- Shipdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
1. The Anglo-Saxon soipe, state, office, calling, destiny. As, in citizenship, exeoutor Ehip, guardianship, heirship. Judgeship, mastership, membership, partnership, receivership,
See Game, 2. Shooting at a mark is lawful, but not necessary, and may be dangerous, and the law requires extraordinary care to prevent injury to others. If the act is done where th
A place kept and used for the sale of goods. * In this country shops for the sale of goods are frequently called "stores." 'i See further Store, 2; Burglary. ■ FMarsh. Ins. ed. 180
- Shoredefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
See Beach; Navigable; On; Riparian; Sea.
"Show" and "indicate" are not always interchangeable. "To show" is to make apparent or clear by evidence, to prove; an "indication" may be merely a symptom, that which points to, o
See Sheriffalty.
See Crank; Pettifogger. Has reference to the professional character and standing of a lawyer. Hence, in an action for libeling one, as respects his character as a lawyer, by the us
Compare Along. " Fences on the sides of a railroad " may mean fences on the spaces between the road-bed and the outer lines of the company's land; not necessarily on the dividing l