A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 11,175 terms defined in A Dictionary of Law. Browse all dictionaries
- Appropriationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The act of appropriating or setting apart; prescribing the destination of a thing; designating the use or application of a fund. In public law. The act by which tho legislative dep
In English ecclesiastical law. A spiritual corporation entitled ta’ the profits of a benefice. tory a bond, security, or other instrument Which is required by law to pass his inspe
Notes indursed by another person than the taker, for additional security.
- Approvementdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
By the common law, approvement is said to be a species of confession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact before pl
- Approverdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Approvement; improvement. “There can be no approver in derogation of a right of common of turbary.” 1 Taunt. 435.
Inecriminallaw. An accomplice in crime who accuses others of the game offense, and is admitted as a witness at the discretion of the court to give evidence against his companions i
Fr. To approve or prove; to vouch. Kelham.
In old English law. Bailiffs of lords in theirfranchises. Sheriffs were called the king’s “approvers” in 1 Edw. Iil. st. 1, ¢. 1. Termes de la Ley, 49. Approvers in the Marches wer
To take to one’s use or profit. Cowell.
In the civil law. A driving to, as of cattle to water. Dig. 8,3, 1,1
- Appurtenantdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Belonging to; accessory or incident to; adjunct, appended, or annexed to; answering to accessorium im the civillaw. 2Steph. Comm. 30 note. A thing is deemed to be incidental or app
A term used in logic to denote an argument founded on analogy, or abstract considerations, or one which, positing a general principle or admitted truth as a cause, proceeds to dedu
Fit for a husband; martiagsable; a woman who has reached martiageable years.
Api time sometimes depends upon dapse of time; as, where a thing is required to bedone at the first term, or within a given time, it cannot be done afterwards. But the phrase more
Among theacts; among the recorded proceedings. In the civil law, this phrase is applied to appeals taken orally, in the presence of the judge, at the time of judgment or sentence.
- Aquadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Inthe civil and old English law. Water; sometimes a stream or water-course.
A thread of water; a water; the middle line of astream of supposed to divide it into two equal forest. 2 Bl. Comm. 419; 4 Inst. 303. LUM Vi At. The thread or middle 7@ of a road. A
In Roman law. Summer water; water that was used in summer only. Dig. 43, 20, 1, 3, 4. Aqua cedit solo. Water follows the land. A sale of land will pass the water which coversit. 2B
Running water. Aqua currit et debet currere, ut currere solebat. Water runs, and ought to run, as it has used to run. 3 Bulst. 339; 3 Kent, Comm. 439. A running stream should be le
- Aquagiumdefined inBallentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A canal, ditch, course running through marshy A mark or gauge placed in or on of a running stream, to indicate t of the water, was called “equag Spelman.
Flowing orrunning water. Dig. 1, 8, 2.
In Roman law. Daily water; water that might be drawn at all times of the year, (gwa quis quotidie possit 1-4,
- Aquatic Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Rights w dividuals have to the use of the rivers, for the purpose of fishing and tion, and also to the soil in the se ers.
Inthe civillaw. A servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Dig. 8, 3, 1; Inst. 2, 8. AQUA DULCIS or
In the civil law. A servitude which consists in the right to draw water from the fountain, pool, or spring of another. Inst. 2, 8, 2; Dig. 8, 3, Hetks
A civil law easement or sarvitude, consisting in the right of one whose house is surrounded with other buildings to cast waste water upon the adjaeent roofs or yards. Similar to th
A term used, with the correlative ad quem, (to which,) in expressing the computation of time, and also of distance in space. Thus, dies a quo, the day from which, and dies ad quem,
They plowed. A te feudal law, applied to those who he the tenure of plowing and tilling t lands within the manor. Cowell.
In feudallaw. To mak in the church or some other holy place. oaths were made in the churel upon the ics of saints, according to the Ripuz laws. Cowell; Spelman.
- Araliadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Plow-lands. Land ft fo the plow. Denoting the character of land, rather than its condition. Speiman.
A plow-man; a farmer ofai ble land. land as could be tilled with one plo Whishaw.
The plowing of Jand by the tenant, or vassal, in the service of his lord. Whishaw.
Land suitable for the plow; arable land. Spelman.
- Arbiterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who way pro
The award or decislon of arbitrators upon a matter of dispute, which has been submitted to them. Termes de la Ley.
A plea to an action brought for the same cause which had been submitted to arbitration and on which an award had been made. Wats. Arb, 256. Arbitramentum sequum tribuit cuique suum
Not supported by fair, solid, and substantial cause, and without reason given. L.R. 9 Exch. 155.
That punishment which is left to the decision of the judge, in distinction from those defined by statute.
- Arbitrationdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In practice. The investigation and determination of a matter or mutters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and call
This takes place where a merchant pays his debts in one country by a bill of exchange upon another.
- Arbitratordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A private, disinterestcontention, and giving judgment between them; to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, compulsorily, b
The decision of an arbiter, or arbitrator; an award; a judgment. Arbitrium est judicium. An award is ajudgment. Jenk, Cent. 187, Arbitrium est judicium boni viri, secundum eguum et
- Arbordefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. A tree; a plant; something larger than an herb; a general term including vines, osiers, and even reeds. ‘The mastofaship. Brissonius. Timber. Ainsworth; Calvin.
A table, formed in the shape of a tree, showing the genealogy of a family. See the arbor civilis of the civilians and canonists. Hale, Com. Law, 335. Arbor dum crescit, lignum cum
Inold English law. H A boundary tree; a tree used for making a boundary line. Bract. fols. 167, 2070.
Lat. In thecivillaw. A chest or coffer; a place for keeping money. Dig. 30, 80, 6; Id. 82, 64. Brissonius.
- Arcana Imperiidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
State secrets. 1] Bl. Comm. 337.
In celyil and old English law. <A treasurer; a keeper of public money. Cod. 10, 70, 15; Spelman.
A_ collection of Saxon laws, published during the reign of Queen Elizabeth, in the Saxon language, with a Latin version by Lambard.
- Archbishopdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English ecclesiasticallaw. ‘The chief of the clergy in his prov. ince, having supreme power under the king or queen in all ecclesiastical causes.
A division of a diocese, and the circuit of an arcldeacon’s jurisdiction.
- Archdeacon’s Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English ecclesiastical law. A court held before a judge appointed by the archdeacon, and called his ofticiai, Its jurisdiction comprises the granting of probates and administrat
In feudal law. A service of keeping a bow for the lord’s use in the defense of his castle. Co. Litt. 157.
- Arches Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English ecclesiastical law. A court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the "Dean of the Arches," because his court was anciently h
The original copy.
Lat. In old European Jaw. A chief or high chancel- Jor, (summus canceliarius.) Spelman.
- Archivesdefined inU.S. CodeBouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The Rolls; any place where ancient records, charters, and evidences are kept. In libraries, the private depository. Cowell; Spelman. The derivative meaning of the word (now the mor
Thecustodian of archives. When a defendant is arrested on a capias ad satisfaciendum, (ca. sa.,) he is to be kept arcta et saiva custodia. 3 Bl. Comm. 415.
This phrase, ing statute, does not include alcohol, which is not a liquor of any kind. 34 Ark. 340,
- Ardourdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. An incendiary; a house burner.
A surface measure in the French law, in the form of a square, equal to 1076.44] square feet.
- Areadefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An inclosed yard or opening in a house; an open place adjoining a house, 1 Chit. Pr. 176. In the civil law. A vacant space inacity; a place not built upon, Dig. 50, 16, 211. The si
In Spanish law. Sandy beaches; or grounds on the banks of rivers. White, Recop. b, 2, tit. 1, c. 6.
(Ir, to render, to yield.) Tirat which is to be rendered, yielded, or paid. Profits &@ rendre comprehend rents and seryices. Ham. N. P. 192. A reseriptis valet argumentum, An argum
In thecivillaw. A sand-pit. Dig. 7, 1, 13, 5.
Lat. To rant; to let out at a certain rent. Cowell. Arentatio. A — renting.
In ancient Greek law. A lawyer or chief judge of the Areopagus in capital matters in Athens; a‘ tribunal so a called after a hill or slight eminence, in a i street of that city ded
Lat. In ecclesias- k tieallaw. One whose office it was to give or convey answers; otherwise termed responswers, counsel, or atlvice; otherwise termed a@consiliis. Spelman, “A pocri
- Aretrodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In arrear; behind. Also written @ retro.
Lat. Behind; in arrear. Ht veditus proveniens inde a vetro fuertt, and the rent issuing therefrom be in arrear. Fleta, lib. 2, c. 55, § 2.
An abbreviation of arguendo,
In heraldry. Silver.
In the Roman law,a money lender or broker; a dealer in money; a banker. Argentarium, the instrument of the loan, similar to the modern word “bond” or “note.”
<A money porter in the English exchequer, who carries the money from the lower to the upper exchequer to be examined and tested. Spelman.
An old French coin, an-
- Argentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Silver; money.
Bullion; uncoined silver; common silver coin; silver coin worn smooth. Cowell; Spelman.
Lat. God’s money; God’s penny; money given as earnest in making a bargain. Cowell.
Inarguing; in the course ofthe argument. A statement or observation made by a judge as a matter of argument or iilustration, but not directly bearing upon the case at bar, or only
In rhetoric and logic, an; inference drawn from premises, the truth of witch is indisputable, or at least highly probable. The arzument of a demurrer, special case, appeal, or othe
- Argumentativedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In pleading. Indirect; inferential. Steph. Pl. 179. A pleading is so called in which the statement on which the pleader relies is implied instead of being expressed, or where it co
- Aribannumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In fendal law. A fine for not setting out to join the army in obedience to the summons of the king.
or ARRIERE-BAN. An edict of the ancient kings of F'rance and Germany, commanding all their vassals, the noblesse, and the vassals’ vassals, to enter the army, or forfeit their esta
A medisxval term for a class of agricultural owners of small allodial farms, which they cultivated in connection with larger farms belonging to their Jords, paying rent and service
A government in which a class of men rules supreme. A form of government which is lodged in a council composed of select members or nobles, without a monarch, and exclusive of the
A form of government where the power is divided between the nobles and the people.
Earnest. Used in Yorkshire in the phrase * Arles-penny.” Cowell. In Scotland it has the same signification, Bell-
Lat. Arms; weapons, offensive and defensive; armor; arms or cognizances of families.
To dub or make a knight, Arma in armatos sumere jura sinunt. The laws permit the taking up of arms against armed persons. 2 Inst. 574.
Sharp weapons that cut, in contradistinction fo suchas are blunt, which only break or bruise. Fieta, lib. 1, c. 35, par. 6,
Reversed arms, a punishment for a traitor orfelon. Cowell.
In the civil law. Armed force. Dig. 43, 16, 3; Fleta, lib. 4, ¢. 4.
A vessel is “armed” when she is fitted with a full armament for fighting purposes. She may be equipped for warlike purposes, without being “armed.” By “armed” it is ordinarily mean
An armor-bearer; an esquire. A title of dignity belonging to gentlemen authorized to bear arms. Cowell, In its earlier meaning, a servant who carried the arms of a knight. Spelman,
An ancient mode of pun-
A suspending or cessation of hostilities between belligerent nations or forees for a considerable time,
- Arm Of The Seadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A portion of the sea projecting inland, in which the tide ebbs and flows. 5 Coke, 107. An arm of the sea is considered as extending as far into the interior of a country as the wat
In English law. A device depicted on the (now imaginary) shield of one of the nobility, of which gentry is the lowest degree. The criterion of nobility is the bearing of arms, or a
- Armsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Anything that a man wears for his defense, or takes in his hands, or nses in his anger, to cast at or strike at another, Co. Litt. 1616, 162¢,; Cromp. Just. Peace, 65. This term, a
The armed forces of a nation Intended for military service on land. “The term ‘army’ or ‘armies’ has never been used by congress, so far as I am advised, su as to include the navy