A Dictionary of Law

Return, q. v. Betorno habendo. For return had; to have a return. A judgment awarding a defendant in replevin the possession and property of the goods or articles; a judgment de ret

1. An improvement -^ to realty which is more extensive than ordinaiy repair, and increases, in a substantial degree, the value of the property; meliora- / tion. ' Betterment Acts.

Often synonymous with "among," especially when employed to convey the idea of division or separate ownership of property held in common.' It is as appropriate to say that property

See Sea. BI. The Latin prefix, put for dui, twice, or from bis, twice, two.

Inclination of mind toward a particular object; an influential power which sways the judgment.^ In a juror, being under an influence which so sways his mind to one side as to preve

Held to be a "carriage," within a statute forbidding fast driving. m Not a "carriage" liable to toll, imder the English Turnpike Act of 1883." A tricycle capable of being propelled

In its most comprehensive sense, to make an offer; in its more ordinary acceptation, to make an offer at an auction; ' the offer itself. Also, the price at which a contractor will

2 The offense of having two husbands or wives at the same time, the one dejure and the other defacto.^ Strictly speaking, bigamy means "twice married," as its derivation shows. Thi

6 A concise statement; an epitome; an abridgment. Sometimes used in a verbal sense, to reduce to the form of a brief, etc. See State, 1. Brief of title. An abstract of the deeds, j

Designates a contract executory on both sides, as, a sale. Unilateral. When one party makes no express agreement, but his obligation is left to implication of law, as, a guaranty.

A statement of particulars, in writing, and more or less formal in arrangement. Distinctive qualifying terms are frequently omitted, the relation or context indicating the sense. T

A bill: an original b Ul at law, or a bill of indictment. Billa cassetur. That the bill be quashed. A judgment, at common law, for defendant, on a plea in abatement. ' See Quash. B

Every bill in equity may be deemed such, since it seeks a disclosure from the defendant, on oath, of the truth of the circumstances constituting the plaintiff's case as propounded

8; Conspiracy; Strike, 2.

See Part, 1.

See Abandon, 2 (3); Natus; Venter.

SeeBL

See Year.

A person who gets his living by frequenting race-courses and places where games of chance are played, getting thp best odds and giving the least he can, but not necessarily by chea

See Boycotting. An act of Wisconsin, approved April 8, 1887 (Laws, ch. 349), provides that: Any two or more employees who shall agree, combine, and confederate together for the pur

See Citizen; School, Separate; White.

See Police, 2. Is not a nuisance per se. The business may be so carried on as not to annoy persons living in the vicinity. ' See Nuisance.

Sir William. Born July 10, 1723. In 1736 he entered Pembroke College, Oxford, where he continued till 1741, when he began to study law. In 1746, at the end of the probationary peri

* 1, adj. (1) Of a white color: lacking something essential to completeness; not filled in or filled up with a word or •words — names, amount, time, place, description, conditions,

io Denying the being or providence of the Almighty, or contumelious reproaching of Christ; also, profane scoffing at the holy scripture, or exposing it to contempt and ridicule.ii

See Reading. A blind man may make a contract or a will. The handwriting of an attesting witness who has become blind may be proved as if he were dead — he being first produced and

TJ^e ii;i Vestment of a seaport by a competent naval force, with a view of cutting off all coramunioation of comnjerce.i Every nation, of common right, as a municipal regulation, m

1. Relationship; stock; family; consanguinity. To be "of the blood" of a person means 1 1 Kent, 146-47. s United States v. The William Arthur, 3 Ware, 280-81 (1861). = Prize Cases,

(1691). It meant use of horses, carriage, payment for carriage; hence, payment proportional — to horses employed, goods lost at sea, etc.,— which all who are concerned in the ship,

See Alle- Gare, Allegans contraria, etc.

See Vessel.

Compare Corpus. 1. The physical person. The natural body or such as is formed by the laws of God, as distinguished from an artificial body or such as is devised by human laws. In a

While often used in the sense of obtaining a thing to be returned in specie, is not limited to that sense. There may be a borrowing where an equivalent is paid annually in the form

1. Lat. Good. Bona fldes. Good faith. See Fides. Boni judieis. See Judex, 3, Boni, etc. 2. Eng. (1) Not a gift or gratuity, but a sum paid for services, or upon a consideration in

Any literary composition which is printed, or printed and bound into a volume. 1. In copyright law, the form of the publication is not material — the term may include a single shee

■ United States v. Hemmer, 4 M»s. 107 (1835), Story, J.; United States v. HaskeU, 4 Wash. 405 (1833 1; ib. 539. 2 United States v. Hames, 5 Mas. 377 (1839J, Story, J. s United Stat

See Child; Natds.

1. A town, whether corporate or not, that sends burgesses to par Uament.' 3. A town or city organized for purposes of government.' In the United States, not extensively used with a

8 Compensation, recompense; satisfaction, amends. Synonymous with French estovers, q. v. Housebote: sufficient wood from another's land to repair, or to be burnt in, one's house; w

See Leakage; Seal, 5. A demijohn holding four gallons is not a " bottle " within the meaning of a statute requiring Imported liquors to be put up in packages of not less than one d

A contract in the nature of a mortgage on a ship: when the owner ' borrows money to enable him to carry on his voyage, and pledges the keel or bottom of the ship as security for th

Originally, a bulwark or rampart; afterward, a public walk or road on the side of a demolished fortificacion; now, a public drive. Not, technically, a street, avenue, or highway, t

V. See Bailiff; Bind; Bond.

n.; BOUNDARY. Bound: a limit: boundary: a visible line designating a limit. The terms are often interchanged. ^ Bounds. The legal, imaginary line by which different parcels of land

^ Money paid or a premium offered [usually by government] to encourage or promote an object, or procure a particular thing to be done. The context may restrict the meaning.5 "A pre

»Weld V. Hadley, 1 N. H. 304 (1818). not specified. The words "consisting of" will be limited to the things specifically mentioned. 1 The devise " I give all my worldly goods, cons

A combination between persons to suspend or discontinue dealings or patronage with another person or persons because of refusal to comply with a request made of him or them. The pu

See Railroad. BBAIfD. To burn; to mark, stamp. In common parlance, to mark. What was formerly done by a hot iron in the way of marking packages is now done by the stencil plate. In

A noisy quarrel; uproar. "Brawl" and "tumult" are correlative terms. They refer to the same kind of disturbance of the peace, produced by the same class of agents, and well define

Breaking, violation, infraction. 1. A violation of duty or obligation. 2. The part of a declaration which charges the violation of a contract. See Damages. Breach of close. An unla

Statutes providing for the sustenance of persons confined in jail for civil causes have been so called, i

To be fed on bread and water was part of the punishment imposed under the Great Law of the province of Pennsylvania (1682) for swearing, profanity, cursing, drunkenness, and offens

1. To sever by fracture; to part or divide with force or violence; also, to lay open or uncover. Break bulk. For a bailee to open a box or package intrusted to his custody and frau

A writ; literally, short, brief, q. v. Also, an original writ. Plural, brevia. Br&via were originally in the form of letters. They tersely stated the matter in question — rem qucB

See Liquor. Every person, firm, or corporation who manufactures fermented liquors of any name or description, for sale, from malt, wholly or in part, or from any substitute thereof

1. In old English, theft, rapine, open violence, of Scial extortion. The rapacious dignitary was styled the briber^ and he was said to bribe when he boldly grasped his prey; ^now,

A structure of wood, iron, brick, or stone, ordinarily erected over a river, brook, or lake, for the more convenient passage of persons and beasts and the transportation of baggage

§ 639. 10 Satterthwait v. Marshall, 4 Del. Ch. 348 (1873); Dale Tile Manuf. Co. v. Hyatt, 135 U. S. 46 (1888), cases; 3 In the absence of a specific statute, the United States cann

The statute of 6 Geo. I (1720), c. 18 (enacted after the South Sea project had beggared half the nation), made all unwarrantable undertakings by unlawful subscriptions, then known

See Wager, 2.

In the law of arson (g. v.), to. materially destroy the integrity of some portion of the house of another.! Burning in the hand and left cheek was anciently a mode ot punishment. *

In its broadest sense, an erection intended for use and occupation as a habitation or for some purpose of trade, manufacture, ornament, or use, constituting a fabric or edifice, su

See Break.

Uncoined gold and silver, either smelted, refined, or in the condition in which it is used for coining. Fr m an early penod, has been associated with or employed as a term denoting

That which is borne: charge, obligation, duty; also, disadvantage. Compare BE^fEFIT; Incumbrance; Onus. Burdensome. Grievous, oppressive: as, a burdensome contract. Burden of proof

See BoAED, 3; Department; Health; Labor, 1.

See Borough.

2 He that by night breaketh and entereth into a mansion-house with intent to commit a felony." Burglarious. Intending to commit burglary. Burglary. Originally, the robbery of a dwe

In an insurance policy, which excepts a loss from the bursting of a boiler, synonymous with explosion, q. v.

A word of large signification, denoting the employment or occupation in which a person is engaged to procure a living. 8 "Business" and "employment" are synonymous terms, signifyin

See Peddler; Police, 3; Retailer.

1. Statute of Elizabeth.. See Charity, 2; Conveyance, 3, Frau'dulent. Statute of Frauds. See Fraud, Statute, etc. Statute of Gloucester. See Costs. Statute of Liraitg^tions. See Li

To acquire by giving a consideration, usually money; to purchase, q. v. To buy a note, as opposed to discount a note, see Discount, 2. Buy in. To cause property to be offered at pu

See Department; President. CABIjI!. See Commerce; Telegraph. The act of Congress approved February 39, 1888 (25 St. L. 41), entitled an act to carry into effect the International C

See Graduate. Naval cadets, by settled usage which has the force of law, are appointed by certificates under the hand and seal of the secretary of war. They are inferior officers w

See Qu^stio, Cadit. C-^TEE.A. See Administer, 4; Et, Etc.

See Table, 4. CARN"AL. See Knowledge, 3.

1. The division of time into years, months, weeks, and days, and a register of them. The pontifex maximus on the first of every month proclaimed — Lat. catare — the month, with its

1, V, (1) To require a prisoner to present himself and answer the indictment, in the immediate presence of the court, is to call him to or before the bar.* See Arraign. (3) To admi

See Actio, Personalis, etc.

See Woeship. The Massachusetts statute of 18S7, c. 57, which prohibits a person, during the time a camp or field meeting is being held for religious purposes, and within one mile o

Law J. 'Hall V. Armstrong, 53 Conn. 566 (1885), cases, Loomis, J. «Eowe Il V. Doggett, 143 Mass. 487 (1887); Washb. Sase. 254 282. » Whaley v. Jarrett, 69 Wis. 615 (1887), cases; W

Applied to an artificial passage for water, includes the banks, and refers to the excavation or channel as a receptacle for the water.'' As used in an Internal Improvement Act, a n

One who seeks or aspires to some office or privilege, or who offers himself for the same. In a constitutional provision that any person who, while a candidate for office, shall be

See Case, 4. CAJSrON.4 A rule; a law. Canon law. Ecclesiastical law. In particular, a body of ecclesiastical laws relative to matters over which the church of Rome had or claims to

Ab Uity to take, do, act: competency, qualification, fitness, power. See Capax. 1. Power or fitness to perform a particular legal act; mental qualification: as, capacity to enter i

Receiving or containing: able, fit for; having capacity, q. v. Capax doli. Competent to intend wrong, to commit a crime. Doli incapax: incapable of committing crime. See further Do

To take, seize; to arrest. Capias. That you take. A common-law writ commanding the sherifE to take a defendant into custody. Named from the emphatic word in the writ when expressed

See Capehe, Capias.

See Caput, Capita. CAPITAIi.i 1, adj. For which death is the penalty: as, a capital ofl Eense. Probably from "decapitation," once a common mode of executing, the sentence of death.

See Tax, 2. CAPTION". 1. A taking, a seizure, q. v.; an arrest; a capture, q. v. See also Capeeb. Kecaption. When any one deprives another of his personal property, or wrongfully d

A taking, seizure. See Capere. In the law of marine insurance, any unlawful taking by force, including a piratical taking as well as such as is made jure belli.^ Synonymous with pr

A head, the head; an individual. Aestimatio capitis. The value of a head: the worth of a life. In Saxon law, a prescribed sum to be paid for an unlawful taking of another man's lif

See Game, 3. '

Attention, caution, circumspection, vigilance, diligence. Due care. In cases where the gist of the action is negligence, implies not only that a party has not been negligent or car

Goods on board of a vessel." All the merchandise and effects laden on board a ship, exclusive of persons, rigging, ammunition, provisions, guns, etc. What is laden on board as merc

See Conteactor; Manufacturer.

1. The act of carrying: transportation, conveyance; also, "that which carries or conveys. To the ordinary mind, does not convey the idea of a railroad or street railway car, nor of

1. In the law of larceny, "carry" is not the same as "carry away." "Did, take and carry away" is the translation of " cepit et asportavit," used in indictments when processes and r

See Wagon.