A Dictionary of Law
1889 — browse every term in this dictionary, A–Z.
Showing the 2,866 terms defined in A Dictionary of Law. Browse all dictionaries
See Laeceny; Pekish ABLE;
The presiding member of a jury, grand or petit. From the persons summoned and accepted as grand jurors, the court appoints the foreman, who has power to administer oaths to witness
See Prosecute; Prosequi; Pursue; Suit. Follow copy. See Telegraph. Follow a fimd or property. See Identity, 3. Follows the person. See Property, Personal.
- Footdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
See Possessio, Pedis. Foot-way. See Bridge; Sidewalk.
1. On account of, by reason of, because of; in behalf of; as agent for.* See Agent. 3. May mean " during," As, in Neb. code, § 947, which requires public notice of the time and pla
- Forbearancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
Suspension of an existing demand, i Delay in enforcing a right. In statutes against usury, giving additional time, after the time originally limited for the return of a loan has pa
- Forcedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
< Compai-e Vigor; Vis. Strength; power. 1. Strength applied or exerted; power in action or motion; active power; compulsion; resistance; also, unlawful violence, — violence, q. V.
A closing up, shutting out,' barring, preclusion. 1. Specifically, the extinguishment of a mortgagor's equity of redemption beyond possibility of recall.' A mortgage is foreclosed
- Foreigndefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
1. That which belongs or pertains to another country, nation, or sovereignty; or to another State, or division of a State.* As, foreign or a foreign — administrator, allegiance, as
- Forestdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Forests were waste grounds, belonging to the king, replenished with beasts of chase, which are under his protection. • For the preservation of the king's game there were particular
Compare Permanent. Used of the location of a county seat, may mean luitil changed by law.s In a conveyance, was held not to impart inheritable quality. ^
- Forfeitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
5 1. To divest or to suffer divestiture of property, without compensation, in consequence of a default or offense. 3. To pay money as a mulct, or for a default or wrong. To take aw
- Forgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
' 1. A mechanical contrivance by which iron is made or manufactured from the ore. But a blacksmith's forge is not a " forge or furnace for manufacturing iron." ^ 3. To make in the
Falsify. 1. To represent a fact falsely. 3. To tamper with a document by interlineation, ololiteration, or otherwise. See Altbbation, 3; Eecord. 3. To prove a thing to be false, pa
See Condone; Merctj Pardon.
1. Established method of expression or practice; a fixed way of proceeding. Compare Course, 3. 3. The model of an instrument or legal proceeding; a formula.^ See Blanks. Opposed to
- Formadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Form; formality; character. Occurs in the phrases in forma pauperis, and pro forma, qq. v. Formaliter. In form; formally. FORMEDOM". A writ which lay for a person who, being intere
See Acquittal; Adjudication; Conviction; Recovery.
- Fornicationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
i Illicit carnal intercourse by an unmarried person with a person of the opposite sex. 2 Sexual intercourse between a man, married or single, and an unmarried woman, as to the unma
Fornication. Originally, a vault, an aroh, — a brothel. Fornix et csetera. Fornication and the rest: fornication and bastardy, qq. v.
- Forodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Forum.
- Forsweardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To swear falsely. Does not necessarily import perjury, g. v. One may swear to what is not true before an of Qcer not qualified to administer an oath.*
Implies something more than a mere military camp, post, or station; a fortification or a place protected from attack by some such means as a moat, wall, stockade, or parapet."' See
- Forthcomingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Describes a bond given to a sheriff, conditioned that property seized by him shall be produced or forthcoming when lawfully required.i Also said of a person released on bail, q. v.
- Forthwithdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Has a relative meaning, and will imply a longer or a shorter period, according to the nature of the ihing to be done. 2 1. Immediately; without delay; directly.' 3. Within reasonab
- Fortuitousdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Resulting from chance, or unavoidable cause; casual; inevitable: as, a fortuitous colhsion or event.^ See Accident. FORTUNE-TELLUfG. See Witch-
- Forumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The place where court weis held in cities of the Roman empire; the place where redress is to be sought; place of jurisdiction; jm'isdiction; a judicial tribunal, q. v.; a court; th
A person who receives and transports merchandise at his own expense of time and money, in consideration of a compensation paid him by the owner or consignee; and who has no concern
Has no technical meaning. Four corners. All parts; the whole. Take by the four comers: construe an instrument as a whole.' Four seas. The waters surrounding England. Within the fou
See Day.
Cost, price; expense. Frais jusqu'a bord. Expenses to the board (vessel); free on board. In an invoice of imported goods, excludes cartage and comm Lssions paid to the shipping mer
- Frankdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
a Free. Frankalmoign. Tenure in consideration of religious services (alms).^ Frankpledge. Surety for general good behavior, anciently required of freeborn persons. Franktenement. A
See Association; Community, 3.
- Fratricidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
See Homicide.
- Freightdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Merchandise transported or to be transported; also, compensation for that service. In its widest sense, may include fare, for it is that " with which anything is fraught or laden f
Law-French, which is used in old law-books and legal proceedings, exhibits many terms and idioms not employed in classic French. Under William the Norman and his sons, all the publ
See Suit, 1.
See Act, 1, Of God; Bed, 2; Watee-couese.
Compare Ami; Amicus. One favorably disposed to another person. Friend of the cotirt. A disinterested by-stander who furnishes information to the judge trying a cause, or to a court
Is applied to an answer, plea, or objection which upon its face is clearly insufficient in law, and apparently made for purposes of delay or to embarrass an adversary. An answer is
- Fulldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Not wanting in any essential quality; complete; entire; whole; perfect; adequate. Full age. The age of twenty-one years; majority. See Age. Full blood. Whole blood. See Blood. Full
See Ofpicium, Functus, etc. FUND; FUNDS.i A deposit of resources; stock or capital; money invested for a specific object; revenue: as, the fund of a bank, or of a trust. - " Funds,
- Fundamentaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Anderson (1889)
See Constitution. Alterations m a charter which are not "fundamental," and are authorized by the legislature, may be effectually accepted by a majority of the stockholders — a majo
See Bueial. " Funeral expenses" may include the cost of carriage-hire, vault, and tombstone, besides the cost of shroud, coffin, grave, etc.^ But not, charges for dinner and horse-
Additional: as, further — assurance, compensation, proof, qq. v.; also, subsequent or later: as, a further hearing, q. V. " Any further tax," used with relation to some other tax,
That which may or will be hereafter: as,' future — advances, damage, earnings, estate, qq. v. See also Devise, Executory; Expectancy; Remainder; Sale; Time; Use, 3. Futures. The ex
- Gagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
See G; Mortgage. GAIN". See Bet; Earnings; Income; Lucrum; Profit.
The gallon of our commerce conforms to the old wine-measure of two hundred and thirty-one cubic inches.^
- Gallowsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
3 A beam laid over and fastened to one or two posts, from which a criminal, condemned to death, is suspended. See Death, Penalty.
To play a game of chance or skill for stakes, or to bet on the result of the game; to game or play for money. Gambler. One who follows or practices games of chance or skill with th
- Gamedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
1. "Wild animals pursued for amusement or profit. In its most comprehensive sense includes beasts, birds or fowl, and fishes. Game laws. Statutes regulating the tak- ' ing or killi
- Gaoldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
See Jail. GARDEN". See CuETrLAGB; Feeld, 1; Messuage.
See Agriculture. GAIlin:SH.3 1. To warn, make aware, notify. 2. To attach property or a debt due or belonging to a defendant. Garnishee. One warned by legal process in respect to t
See Monopoly; Police, 2. '
- Gavelkinddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
* A particular custom in vogue in Kent (though perhaps general till the Conquest) which ordained that all sons alike should succeed to their father's estate. The estate was not sub
- Gazettedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Originally, a piece of money current at Venice; next the price at which sheets of news were sold; then the sheets themselves. 6 The official publication of the English government;
False grammar (syntax) alone never invalidates written instruments: falsa, or mala, grammatica non vitiat chartam. See Blank, 2; Punctuation.
See Man. In the Revised Statutes, and in acts and resolutions of Congress, passed subsequently to February 25, 1871, ■words imparting the masculine gender may be applied to females
See Affinity; Consanguinity; Pedigree.
1. Relating to a whole genus (q. v.) or kind, to a whole class or order; 3 whether of persons, relations, things, or places. Opposed (1) to local, private, or special (see 6, below
Imports that a horse is docile, tractable, and quiet; not, that he has received special training.^
- Gentlemandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
" One who bears court armor, the grant of which adds gentility to a man's family." ^ Originally, a man of gentle blood; now, a person of any rank from the upper to the lowest verge
- Genuinedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
Belonging to the original kind or stock; native; hence, not false, fictitious, simulated, spurious, or counterfeit: as, a genuine note.l Genuineness. Of an instrument — predicates
- Genusdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Kind; class; nature. Used in the phrases alieni generis, ejusdem generis, in genere, sui generis, qq. v. See also General.
- Giftdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
See Give. The gratuitous transfer of personalty.' The trarigf er of property without consideration.* X^ The thing itself~-so transferred. An immediate, voluntary and gratuitous tra
5 The ground upon which a thing rests; the essence of an obligation or proposition. The "gist of an action'' is the cause for which an action will lie, — the ground or foundation o
- Givedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
1. To transfer gratuitously, without an equivalent. 8 See Gift. 3. To furnish or supply: as, to give liquor to a niinor.9 3. To find, furnish, supply: as, to give bail or security.
Statute of. See Costs.
Generally speaking, preserves its popular, untechnical meanings. Compare Bad; Bonus. 1. Orderly, lawful: as, good behavior, q. v. 2. Fair, honorable: as, good fame, or character, q
- Goodsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Has a very extensive meaning. In penal statutes, is limited to movables which have intrinsic value, and does not include securities, which merely represent value. In ivills, when t
Favorable reputation. The probability that the old customers will resort to the old place. 8 The advantage or benefit which is acquired by an establishment beyond the mere value of
See Blasphemy; Chaeity, 3; Cheistianity; Indigent; Oath, Corporal.
- Gracedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Favor, indulgence, toleration; opposed to right, strict right: as, that a thing done in court is allowed as a matter of grace. Act of grace. An act of pardon or amnesty, qq. V. Day
In the universities, a student who has honorably passed through the prescribed course of study and received a certificate to that effect. A cadet-engineer who has successfully comp
- Graftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
In equity, describes the right in a creditor, who holds a mortgage upon property to which the mortgagor had an imperfect title, to a lien upon the premises, after the debtor has ac
- Graindefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
See Crop. Includes or may include: flax-seed,' millet and sugar-cane seed,' oats,'" peas." ' See Byles, Bills, 206; Chitty, Bills, 11 ed. (1878); Pierce v. Indseth, 106 U. S. 560 (
See Munn v. Illinois, Charter, 2, Private; Policy, 1, Public^
- Grantdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
1. At common law, the method of transferring the property of incorporeal hereditaments, or such things whereof no livery can be had.^ An incorporeal hereditament was said to lie in
See Grace.
- Gratisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
See Dictum, Gratis. GRATUITOUS CONTRACT or
See Bonus, 3; Bounty; Charity, 2; Deposit, 1; Trust, 1. GRAVAMEN". L. Burden, weight. That part of a charge which weighs most heavily against the accused; the essence of an accusat
See Burial; Sepulchre.
See Care; Charter, 1; Seal, 1. Compare Grand; Gross; Magnus. Greater. Larger; superior; chief; principal. The greater includes the less. The greater power of making wholly new legi
A popular name applied exclusively to United States treasury notes. When an indictment charges larceny of treasury notes, the proof may be that the notes were "greenbacks." Origina
A "Gretna-Green marriage" was a marriage solemnized in Scotland by parties who went there to avoid the delay and formalities required in England. Gretna-Green, being the nearest pl
See Provisions. Whether wines and liquors are groceries is a question of fact. Shovels, pails, baskets, and the like, are not, although usually kept in a country grocery store.' Se
- Grossdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Great, large; entire, undiminished, whole; general; extreme. See Engross. Gross average. General average upon ship, cargo, and freight. See Average. Gross earnings. The whole amoun
6 See Delusion; Doubt, Reasonable; Insanity, 2 (6). Gr XrW. See Baggage; Shooting-mark; Tool; Weapon.
s 1. A keeper,- protector, consei-vator; a warden. Guardian of the peace. A person charged with the duty of securing or protecting the public peac«; a conseicvator of the peace. Se
- Guaranteedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
^ 1, v. (1) To engage to do a thing; to assure, stipulate, or covenant solemnly. "The -United States shall guarantee to every. State.. a Eepublioan (g. v.) Form of Government." 4 (
See Government.
- Guestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A traveler, wayfai-er, or a transient comer to an inn for lodging and entertainment. It is not now deemed essential that the person should have come from a distance.'' As inns are
- Guiltydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
" 1. The state or condition of one who has committed a crime, a civil in- ' See Lamar v. Micou, 112 U. S. 463-70 (1884), cases; Boaz V. MUliken, 83 Ky. 638 (1886); Eyster's Appeal,
See Explosion; Police, 3.
3, V. To rid land of its superfluous moisture, by deepening, straightening, or embanking the natural water-courses, and supplementing them, when necessary, by artificial ditches."
See Drain. An ordinance requiring lot-owners to keep the " gutters " opposite their premises in good repair, and free from obstructions, was held to refer to the ordinary open gutt
See Habere, Habendum.
Embraces the fact of residence at a place, together with the intent to regard it and make it a home. It is difficult to give an exact definition. * See Inhabitant.
- Habitationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
See Dwelling. H.ffiBES. L. Heir. In Roman law, resembled an executor in English law. See Heib, 2. Hsereditas. Inheritance. See Damnum, Damnosa, etc. Hseres natus. An heir born: an
See Nightwalkers; Wantonness.