A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 1,112 terms defined in A Dictionary of Law. Browse all dictionaries
The house of God; a name applied to many hospitals and religions. houses.
Tha house of lords, abbreviated into Dom. Pyoc., or D. P. vis safest refuge. 5 Coke, 916; 11 Coke, 82; 3 Inst. 162. The house of every one is to him as his castle and fortress, as
<Adonce; oneto whom something is given.
- Donatiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and poss
A gift between the living. The ordinary kind of gift by one person to another. 2 Kent, Comm. 438; 2 Steph. Comm. 102. A term derived from the civil law. Inst, 2, 7, 2. A donation i
(Lat, A gift in prospect of death.) <A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another the possession of
- Donationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In ecclesiastical law. A mode of acquiring a benelice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81. In general. <A gift. See Donatio.
A gift on accountof marriage. In Roman law, the bridegroom’s gift to the bride in anticipation of marriage and to secure her dos was called “donatio ante nuptias;” but by an ordina
- Donative Advowsondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiasticallaw. A species of advowson, where the benefice is conferred on the clerk by the patron’s deed of donation, without presentation, institution, or induction. 2 Bi, C
A donor; one who makesa gift, (donatio.) Donator nunquam desinit possidera, antequam donatorius incipiat possidere.
A donee; a person to whom a gift is made; a purchaser. Bract. fol. 13, et seq.
The person on whom the king bestows his right to any forfeiture that has fallen to the crown.
- Donedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Distinguished from “made.” “A «deed made’ may no doubt mean an ‘instrument made;’ but a ‘deed done’ is not an ‘instrument done,’—it is an ‘act done; and therefore these words, ‘mad
A fine upon acknowledgof the right of the cognizee as that he hath of the gift of the cognizor. is the deforciant acknowledged in court mer foeffment or gift in possession to eheen
- Doneedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In old English law. He to whom lands were given; the party to whom a donatio was made. In later law. He to whom lands or tenements are given in tail. Litt. § 57. In modern and Amer
In French law. Guarantor of negotiable paper other than by indorsement.
- Donordefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
fn old English law. He by whom lands were given to another; the party making a donatio. In later law. Ue who gives lands or tenements to anotherin tail. Litt. § 57; Termes de la Le
- Donumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lat. In the civil law. A gift; a free gift. Calvin. Distinguished from munus. Dig. 50, 16, 194.
- Doomdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In Scotch law. Judicial sentenes, or judgment. The decision or sentence of a court orally pronounced by an officer called a “dempster” or “deemster.” In modern usage, criminal sent
See Domespar- Book.
The place of-usual entrance ina house, or into a room in the house.
One which fs in abeyance.
One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, or until a junior execution is received,
One which has not been satisfied, nor extinguished by lapse of time, but which has remained s0 long unexecuted that execution cannot now be issued upon it without first reviving th
Those whose names are not known or do not appear ag partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely t
Lat. The back. In dorse recordi, on the back of the record, 5 Coke, 446,
(Contracted from dormiture.) A dormitory of a convent; a place to sleep in.
- Dosdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Roman law. Dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife herself or by another to the husband with a view of diininishing the
A _ reasonable marriage portion, <A reasonable part of her husband's estate, to which every widow is entitled, of lands of which her husband may have endowed her on the day of marr
- Dotdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
(A French word, adopted in Louisiana.) The fortune, portion, or dowry which a woman brings to her husband by the marriage. 6 Mart. (N. 8.) 460.
- Dotagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Dotage is that feebleness of the mental faculties which proceeds from old age, Itisadiminution or decay of that intellectual power which was once possessed. It is the slow approach
Relating to the dos or portion of a woman; constituting her portion; comprised in her portion.
- Dotalitiumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In canon and feudal law. Dower. Spelman, voc. “Doarium;” Calvin. 2 Bl. Comm. 129. Used as early as A. D. 841.
- Dotal Propertydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the civil law in Louisiana, by this term is understood that property which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Ex
The act of giving a dowry or portion; endowmentin general, including the endowment of a hospital or other charitable institution,
A writ which lay fora widow, when it was judicially ascertained that a tenant to the king was seised of tenemerits in fee or fee-tail at the day of his death, und that he held of t
A writ which lies for a widow to whom no dower has been assigned. 3 Bl. Comm. 182. By 23 & 24 Vict. c. 126, an ordinary action commenced by writ of summons has taken its place; but
Admeasurement of dower, where the widow holds more than her share, etc.
A dowager.
In Scotch law. Double the ordinary or single value of a marriage. Bell. See Dv-
- Double Bonddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In Scotch law. A
or DOUBLE
In practice. The ordinary single costs of suit, and one-half of that amount in addition, 2 Tidd, Pr. 987. “Double” is not used here in its ordinary sense of “twice” the amount. The
Twice the amount of actual damages as found by the verdict of a jury.
A gold coin of the United States of the value of twenty dollars.
A system of mercantile book-keeping, in which the entries in the day-book, ete., are posted fewice into the ledger. First, to a personal account, that is, to the account of the per
This is not allowed either in the declaration or subsequent pleadings. Its meaning with respect to the former is that the declaration must not, in support of a single demand, alleg
A possibility upon a possibility, 2 Bl. Comm. 170.
In English law. Rent payable by a tenant who continues in possession after the time for which he hag given notice to quit, until the time of lis quilting possession. St. 11 Geo. II
Letters-patent. Cowell.
This is a penalty on a tenant holding over after his landlord's notice to quit. By 4 Geo. II. c. 28, § 1, it is enacted that if any tenant for life or years hold over any lands, et
- Double Voucherdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
This was when a common recovery was had, and an estate of freehold was first conveyed to any indifferent person against whom the pracipe was brought, and then he vouched the tenant
- Double Wastedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
When a tenant he is said to commit double waste. Co. Litt. 53.
The uncertainty which exists in relation to a fact, a proposition, or other thing; an equipoise of the mind arising from an equality of contrary reasons. Ayl. Pand. 121. The term “
Lat. I give that you may give; L give [you] that you may give [me.] A formula in the civil law, constituting a general division under which those contracts (termed “innominate”) we
Lat. 1 give that you may do; I give [you] that yon’ may do or make [for me.} A formula in the civil law, under which those contracts were classed in which one party geve or agreed
Doves are animals fere nature, and not the subject of larceny unless Lhey are inthe owner's custody; as, for example, in a dove-house, or when in the nest before they ean iy. 9 Pic
Subject to be charged with dower; as dowable lands. Entitled or entitling to dower. Thus, a dowable interest in lands is such as entitles the owner to have such lands charged with
- Dowagerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A widow whois endowed, or who has a jointure in heu of dower. In England, this is a title or addition given to the widows of princes, dukes, earls, and other noblemen, todistinguis
The widow of the king. As such ste enjoys most of the privileges belonging to her as queen consort. It is not treason to conspire her death or violate her chastity, because the suc
- Dowerdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The provision which the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. Co. Litt. 30a; 2 Bl. Comm. 150; 4 Kent,
Dower at the church door or porch. An ancient kind of dower in England, where a man, (being tenant in fee-simple, of full age,) openly at the church dour, where all marriages were
A kind of dower in England, regulated by custom, where the quantity allowed the wife differed from the proportion of the common law; aa some, only a quarter. 2 Bl. Comm. 1382; Litt
The ordinary kind of dower in English and American law, consisting of one-third of the lands of which the husband was seised in fee at any time during the coverture. Litt. § 36; 2
L. Fr. Dower of the fairest [part.] A species of ancient English dower, incident to the old tenures, where there was a guardian in chivalry, and the wife occupied lands of the heir
Dower by the father’s assent. A species of dower ad ostium ecclesie, madé when the husband's father was alive, and the son, by his consent expressly given, endowed his wife with pa
A writ of right which lay for a widow to whom no dower had been assigned.
Stones dividing lands, ete. Cowell.
Io old English law. Endowment; dower.
A woman entitied to dower; atenant in dower, 2P. Wins, 707.
- Dowrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The property which a woman brings to her husband in marriage; now more commoniy called a “portion.” By dowry is meant the effects which the wife brings to the husband to support th
Twelve peers assembled at the instance of the barons, in the reign of Henry ILI., to be privy counselors, or rather conservators of the kingdom.
A term employed in old pleadings and records, to denote a grout. Townsh. Pl. 180. An Athenian silver coin, of the value of about 74d. sterling.
A code of laws prepared by Draco, the celebrated lawgiver of Athens. These laws were exceedingly severe, and the term is now sometimes applied tu any laws of unusual harshness.
The standard, ensign, or military colors borne in war by the ancient kings of England, having the figure of a dragon painted thereon,
- Draftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The common term for a bill of exchange; as being drawon by one person on another. 2 Bl, Comm. 467. An order for the payment of money drawn by one person on another, It is said to b
Any one who draws or frames a legal document, e. g., a will, cone veyance, pleading, etc.
An interpreter employed in tlhe east, and particularly at the Turkish court,
v. To make dry; to draw off water; torid land of its superfluous moisture by adapting or improving natural watercourses and supplementing them, when necessary, by artificial ditche
7. A trench or ditch to convey water from web land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or
A mere exhibition, spectacle, or scene is not a “dramatic composition,” within the meaning of the copyright laws. 1 Abb. (U. 38.) 856.
A drinking saloon, where liquors are sold to be drunk on the premises,
- Drawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In old criminal practice. To drag (on a hurdle) to the place of exeeution. Anciently no hurdle was allowed, bul the criminal was actually dragged along the road to the place of exe
- Drawbackdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In thecustomstlaws, this term denotes an allowance made by the governinent upon the duties due on imported merchandise when the importer, instead of selling it here, re-exports it;
- Draweedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein mentioned.
- Drawerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The person making a bill of exchanve and addressing it to the drawee.
In patent law. <A representation of the appearance of material objects by means of lines and marks upon paper, eard-board, or other substance.
The presiding oilicer in the hundred court. Anc. Inst. Eng.
- Dreit-Dreitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Droit-droit. Double right. A union of the right of possession and the right of property. 2Bl, Comm. 199.
or DRENGES. In Saxon law. ‘Tenants incapite. They are said tohe such as, at the coming of William the Conqueror, being put out of their estates, were afterwards restored to them, o
- Drengagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The tenure by which the drenches, or drenges, held their lands,
In old Enghsh law. A driving, especially of cattle. DRIF?T-STUFF. This term signifies, not goods which are the subject of salvage, but matters floating at random, without any known
DROFLAND, or
A view or examination of what cattle are in a forest, chase, etc., that it may be known whether it be surcharged or not; and whose the beasts are, and whether they are commonable,
- Driftwaydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A road or way over which cattle are driven. 1 Taunt. 279.
Sax. A _ contribution of tenants, in the time of the Saxons, to wards a potation, or ale, provided to entertain the lord, or his steward. Cowell. See
One employed in conducting
or DROTDENNE. A grove or woody place where cattle are kept. Jacob,
- Droflanddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Sax. A quit rent, or yearly payment, formerly made by some tenants to the king, or their landlords, for driving their cattle through a manor to fairs or markets. Cowell; Blount.