A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 715 terms defined in A Dictionary of Law. Browse all dictionaries
A gold coin of the United vitio caret. Thatinterpretation is to be re- States of the value of ten dollars, ceived [or adopted] which is free from fault [or wrong.} The law will not
Inthecivyillaw. A ealendar; a book of accounts, memorandumbook, or debt-book; a book in which accounts were kept of moneys loaned out on interest. Dig. 32, 64, So called because th
- Earldomdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The dignity or jurisdiction of anearl. The dignity only remains now, as the jurisdiction has been given over to the sheriff. 1 Bl. Comm. 339.
Money given in part payment. See EAx Nesr.
- Earnestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding the contract. 108 Mass, 54. A token or pledge passing between th
- Earningsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
This term is used to denote a larger class of credits than would be ineluded in theterm “wages.” 102 Mass. 235; services or labor without the aid of capital. 20 Wis. 380. See, also
Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. 75 N.. Y. 76,
In the taw of evidence, One who attests or can attest anything as heard by himseif.
A feast of the Christian church held in memory of our Saviour’s resurrection. The Greeks and Juatins eall it “nascha,” (passover,) to which Jewish feast our Easter answers. This fe
A coin.strnck by Richard IL. which is supposed to have given rise to the name of “sterling,” as applied to Engiish money.
This word, when used alone, will be construed to mean “due east.” But that is a rule of necessity growing out of the indetfiniteness of the term, and has no application where other
- Easter Termdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. One of the four terms of the courls. It is now a fixed term, beginning on the 15th of April and ending on the Sth of May in every year. though sometimes prolonged s
- East Greenwichdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
The name of a royal manor in the county of Kent, England; mentioned in royal grants or patents, as descriptive of the tenure of-free socage. prosecuting the trade between England a
An easterly coast or country. defendant, that he may go thence without a day, i. é., be dismissed without any further continuance or adjournment,
The edge of a roof, builf so as to project over the walls of a house, in order that the rain may drop therefrom to the ground instead of running down the wall.
In English criminal law. The offense of listening under wills or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tal
Inold Englishlaw. Ebb. Hbba et fluctus; ebb and flow of tide; ebb and flood. Bract. fols. 255, 338. The time occupied by one ebb and flood was anciently granted to persons essoined
An expression used formerly in this country to denote the limits of admiralty jurisdiction. See3 Mason, 127; 2 Story, 176; 2 Gall. 598; 4 Wall. 562; 8 Wall. 15.
See ABEREMURDER. Beee modo mirum, quod foomina fert breve regis, non nominando virum, conjunctum robore legis. Co. Litt. 1325. Behold, indeed, a wonder! thata woman hag the king’s
Ascout, huntsman, or chaser.
Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman.
A Christian festival, otherwise called the “Manifestation of Christ to EEE the Gentiles,” observed on the 6th of Jannary, in honor of the appearance of the star to the three magi,
From sight of the writing; {rom having seen a person wrile. A term employed to describe one of the modes of proof of handwriting. Best, Pres, 218.
Voluntarily; from free-will or choice.
Something belongom ing to or set apart for the church, as distinguished from “civil” or “secular,” with regard to the world. Wharton.
In medical jurisprudence. Blackness. It is an extravasation of blood by rupture of eapillary vessels, and hence it follows contusion; but it may exist, as in cases of scurvy and ot
- Ecclesiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. An assembly. A Christian assembly; a church. A place of religious worship. Spelman. Ecclesia ecclesiae decimas solvere non debet. Cro. Eliz. 479. A church ought not to pay tit
The ruler of a church.
- Ecclesiasticdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
n. <A clergyman; a priest; a man consecrated to the service of the church.
In England, the clergy, under the sovereign, as temporal head of the church, set apart from the rest of the people or laity, in order sess to superintend the public worship of God
- Ecclesiastical Courtsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Asystem of courts in England, held by authority of the sovereign, and having jurisdiction over matters pertaining to the religion and ritual of the established church, and the righ
- Ecclesiastical Lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The body of jurisprudence administered by the ecclesiastical courts of England; derived, in large measure, from the canon and ecivillaw. As now restricted, it applies mainly to the
Theimage or sculpture of a church in ancient times was often cut out or cast in plate or other metal, and preserved as a religious treasure or relic, and to perpetuate the memory o
The attorney, proctor, or advocate of a corporation. Hpiscoporum ecdict; bishops’ proctors; church lawyers. 1 Reeve, Eng. Law, 65.
In Frenchlaw. One of the two parts or pieces of a wooden tally. That in possession of the debtor is properly
In French marine law. Stranding. Emerig. Tr. des Ass. c. 125s: 13; no: 1:
In medical jurisprudence, The name of a disease accompanied by apoplectic convulsions, and which produces aberration of mind at _ childbirth.
General; universal; as an ecumenical council.
In Saxon law. The offense of hedge-breaking. Obsolete.
In old records. Buildings.
A positive law promulgated by the sovereign of a country, and having reference either to the whole land or some of its divisions, but usually relating to affairs of state. It diffe
Thirteen constitutions or laws of this prince, found in most editions of the Corpus Juris Civilis, after the Novels. Being confined to matters of police in the provinces of the emp
In the Roman law. An edict; a mandate, or ordinance. An ordinance, or law, enacted by the emperor without the senate; belonging to the class of constitutiones principis. Inst. 1, 2
In Roman law. The perpetual edict. A compilation or system of law in fifty books, digested by Julian, a lawyer of great eminence under the reign of Adrian, from the Pretor’s edicts
Thisis the frst collection of law that was made after the downfall ef the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. 500. It co
- Editusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Inold Englishlaw. Put forth or promulgated, when speaking of the passageof a statute; and brought forth, or burn, when speaking of the birth of a child,
Includes proper moral, as
Within the meaning of a statute relative to the powers and duties of guardians, this term comprebends not merely the instruclion received at school or college, but the whole course
A probative or evidentiary fact; a subsidiary or connected fact tending toe prove the principal fact in issue; a piece of circumstantial evidence. Factum unius altcri noceri non de
- Effectdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The result which an instrument between parties will produce in their relative rights, or which a statute will produce upon the existing law, as discovered from the language used, t
- Effectsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Personal estate or property. This word has been held to be more comprehensive than the word “goods,” as Including fixtures, which “goods” will not include. 7 Taunt. 188; 4 J. B. Mo
In Turkish language. Master; a title of respect.
The corporeal representation of a person. To make the effigy of a person with an in- M
When this phrase is used in leases,-conveyances, and other like deeds, or in ngreeinents expressed in simple writing, it indicates the conclusion or expiration of an agreed term of
Forcibly; applied to military foree,
- Effusio Sanguinisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old Engiish law. The shedding of blood; the mulct, fine, zotte, or penalty imposed for the shedding of blood, which the kine granted to many lords of manors, Cowell; Tomlins. Se
In Saxon law. Ways, walks, or hedges. Blount.
The title of a code of ne Spanish law promulgated by Alphonso the Learned, (ef Sabio,) A.D. 1255. It was the precursor of the Partidas. Schm. Civil Law, Introd. 67.
Owelty, (qg. 2) Co. Litt. 169e.
I; myself. This term is used in forming genealogical tables, to represent the person who is the object of inquiry.
- Egrediens Et Exeunsdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old pleading. Going forth and issuing out of (land.) Townsh, Pl. 17.
The transformation, by a doctrine of equity, of personalty into realty, in respect to its qualities and disposition, and of real estate into personalty. By this doctrine, money whi
commonly called “Gypsies,” are counterfeit rogues, Welsh or English, that disguise themselves in speech and apparel, and wander up and down the country, pretending to have skill in
<Any place where food or refreshments of any kind, not including spirits, wines, ale, beer, or other malt liquors, are provided for casual visitors, and sold for consumption therei
Fromthe opposite; on the EACH, The effect of this word, used in contrary. the covenants of a bond, is to create a several obligation. 3 Dowl. & R, 112; 5 Term
In old pleading. Spring tides. Townsh. Pl. 197.
An innkeeper. Now applied, under the form “ostler,” to these who look to a puest’s horses, Cowell.
In the civil law. A man’s ez heir; a decedent’s proper or natural heir, This name waa given to the lineal descendants of the deceased. Inst, 3, 1, 4-4.
Inthe civil law. An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopte
A name formerly given to a justice of the peace. Inthe Digests, the word is written “itrenarcha.” Hisdem modis dissolvitur obligatio quse nascitur ex contractu, vel quasi, quibus c
- Ejectdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To cast, or throw out; to oust, or dispossess; to put or turn out of possession. 3 Bl. Comm. 198, 199, 200.
In old Englishlaw. A woman’ ravished or defiowered, or cast forth from the virtuous. Blount.
A turning out of possession. 38 Bl. Comm. 199.
Inold Englishlaw. Ejectment of ward. This phrase, which is the Latin equivalent for the French “ejectment de garde,” was the title of a writ which lay for a guardian when turned ou
Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let fora term of years, and aflerwards the lessor, r
- Ejectmentdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
At common law, this was the name of a mixed action (springing from the earlier personal action of e¢/ectione jirme) which lay for the recovery of the possession of land, and for da
- Ejectumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
That which is threwn up by the sea, Also jetsam, wreck, ete.
In old English law. A whoremonger. Blount.
In Spanishlaw. The name of an action lying aguinst a ship’s owner, upon the contracts or obligations made by the master for repaira or supplies. Jt corresponds to the actio evercit
In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo, or town, for pasture, wood, threshing-ground, ete. 15 Cal, 554.
Renouncing or resigning one's place. Ejyus est interpretari cujus est condere. It is his to interpret whose it is to enact. Tayl. Civil Law, 96. Bjus est nolle, qui potest velle. H
A person who, in oriental states, supplies the place of our notary public, All obligations, to be valid, are drawn by him; and he is also the public weigh-master, and everything of
In old records. A cart-load. Cowell; Biount,:
In old Scotch law. Certain officers of courts. See CLAVES CURLE.
One who breaks through; one who commits a burglary.
In old European law. To gain, acquire, or purchase, as by labor and industry.
Property which is the acquisition of labor. Spelman.
A distinguished body of men, elected as musters of Trinity Hiouse, an institution incorporated in the reign of Henry VILI., charged with numer- ———EEEEEEE—E———— ous iinportant duti
He or she who has the greatest age. The “eldest son” is the first-born son. If there is only one son, he may still be described as the “eldest.” L.R.7 H. L. 644. Electa una via, no
The word “elected,” in its ordinary signification, carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot be held the synonym of any other mod
- Electiondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of choosing or se lecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separa
In English law. Officers annually appointed, to whom was committed the duty of taking and publishing the account of all expenses incurred at parliamentary ¢lections. See 17 & 18 Vi
A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections. 41 Pa. St. 403.
In Englishtaw. Judges of the high court selected in pursuance of the 31 & 82 Vict. c. 125, § 11, and Jud. Act 1873, § 38, for the trial of election petitions.
Petitions for inquiry tnto the validity of elections of menibers of parliament, when it is alleged that the return of a member is invalid for bribery or any otherreason. These peti
Pertaining to electors or elections; composed or consisting of electors.
Persons chosen by the people at a so-called “ presidential election,” to elect a president and vice-president of the United States.
The place in a religious house where the common alims were deposited, and thence by the almoner distributed to the poor. In old Fnglish law. The cwmerte, aumbry, or ambry; words st
In old English law. An almoner, or chief officer, who received the eleomusynary rents and gifts, and in due method distributed them to pious and charitable uses. Cowell; Wharton, T
In the civil law. <Accurately; with diserimination., 3 Story, 611, 636.