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
To establish or furnish with organs; to systematize; to put into working order; to arrange in order for the normal exercise of its appropriate functions, The word “organize,” as us
In Saxon law. Without recompense; as where no satisfaction was ta be made for the death of a man killed, so that he was judged lawfully slain. Spelman.
- Originaldefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
Primitive; first in order; bearing its own authority, and not deriving authority from an outside source; as original jurisdiction, orzginal writ, ete. As applied to documents, the
In equity pleading. A bill which relates to some matter not before litigaied in the court by the same persons standing in thesame interests, Mitf. Kq. Pl. 33. In old practice. The
In Scotch law. One by which the tirst grant of land is made. On the other hand, a charter by progress is one renewing the grant ia favor of the heir or singular successor of the fi
Those conveyances at common law, otherwise termed “primary,” by which a benefit or estate is created or first arises; comprising feofiments, gifts, grants, leases, exchanges, and p
The first entry of an item of an account made by a trader or other person in his acconnt-books, as distinguished from entries posted into the ledger or copied from other books.
In Englishlaw. Transcripts sent to the remembrancer’s office in the exchequer out of the chancery, distinguished from recorda, which contain the judgments and pleadings in actions
- Original Jurisdictiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)
Jurisdiction in the first instance; jurisdiction to take cognizance of a cause at its inception, try it, and pass judgment upon the law and facts. Distinguished frum appellate juri
In old English law. The trial by battle, which does not seem to huyve been usual in England before the time of the Conqueror, though originating In the kingdoms of the north, where
In French feudal law. <A relief payable by a noble vassal to the king as his seignewr, on every change in the ownership of his fief. Steph. Lect. 350.
- Orphandefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
A minor or infant who has Jost both (or one) of his or her parents. More particularly, a fatheriess child. 33 Pa. St. 9.
That portion of an intestate’s elfects which his children were entitled to by the custom of London. This
Christian. Glossarinm juridico-Danicum., 1 vol. 4to. Wjibenaavn, 1641. Note. A secon, revised edition was printed in 1652, and this was reprinted in 1665 and subsequently.
- Outer Bardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In the English courts, barristers at law have been divided into two classes, Viz., queen’s counsel, who are adinitted within the bar of the courts, in seats specially reserved for
In the English courts, barristers at law have been divided into two classes, viz., queen’s counsel, who are admitted within the bar of the courts, in seats specially reserved for t
The name given to the great hall of the parliament house in Edinburgh, in which the lords ordinary of the court of session sit as single judges to hear causes. The term is used col
The name given to the great hall of the parliament house in Edinburgh, in which the lords ordinary of the court of session sit as single judges to hear causes. The term is used col
A liberty or privilege inthe ancient common law, whereby a lord was enabled to call any man dwelling in his manor, and taken for felony in another place out of his fee, to judgment
A liberty or privilege in the ancient common law, whereby a lord was enabled to call any man dwelling in his manor, and taken for felony in another place out of his fee, to judgmen
- Outfitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
1. An allowance made by the United States government to one of its diplomatic representatives soing abroad, for the expense of his equipment. 2. This term, in its original use, as
1. An allowance made by the United States government to one of its diplomatic representafives going abroad, for the expense of his equipment. 2. This term, in its original use, as
or OUTHOM..A calling men out to the army by sound of horn. Jacob. not make his constant or principal residence, is an outhouse. 2 Root, 516. A smaller or subordinate building conne
or OUTHOM. A calling men out to the army by sound of horn. Jacob. not make his constant or principal residence, is an outhouse. 2 Root, 516. A smaller or subordinate building conne
- Outlanddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
The Saxon thanes divided their hereditary lands into inland, such as lay nearest their dwelling, which they kept to their own use, and outland, which lay beyond the demesnes, and w
- Outlawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In English law. One who is put out of the protection or aid of the law.
when applied to a promissory note, means barred by the statute of limitations. 387 Me. 389,
- Outlawrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In English law. <A process by which a defendant or person in contempt on a civil or criminal process was declared an outlaw. If for treason or felony, it amounted to conviction and
In English law. A process by which a defendant or person in contempt on a civil or criminal process was declared an outlaw. If for treason or felony, it amounted to conviction and
Beyond sea, {which title see.)
Beyond sea, (which title see.)
A mercantile phrase applied to a ship or vessel that has been so long at sea as to justify the belief of her total loss. In another sense, a vessel is said to be out of time when,
A mercantile phrase applied to a ship or vessel that has heen so long at sea as to justily the belief of her total loss. In atiother sense, 4 vessel is said to be out of time when,
Stealers of exattle. Cowell.
Stealers of cattle. Cowell,
Such as set watches for the robbing any manor-house. Cowell.
Such as set watches for the robbing any manor-house. Cowell.
- Outragedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Injurious violence, or, in general, any species of serious wrong offered to the person, feelings, or rights of another, See 44 lowa, 314.
Injurious violence, or, in general, any species of serious wrong offered to the person, feelings, or rights of another. See 44 Iowa, 314.
In Englishlaw. Bailiffserrant employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds to summon men to the county or hundred court. Wharton,
In Englishlaw. Bailiffserrant employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds to summon men to the county or hundred court. Wharton.
A person to whom the business ef selling by auction was confined by statute. 2 EL. Bl. 557.
A person to whom the business of selling by auction was confined by statute. 2 H. Bl. 557.
In Seotch law. Publisher. d How. State Tr. 603.
In Scotch law, Publisher. 3 How. State Tr. 603.
1. Remaining undischarged; unpaid; uncollected; as an outstanding debt. 2. Existing as an adverse claim or preten-
A term in gross at law, which, in equity, muy be made attendant upon the inherilance, either by express declaration or by implication.
- Outsucken Multuresdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Scotch law. Ont-town multures; multures, duties, or tolls paid by persons voluntarily grinding corn at any mill to which they are not thirled, or beund by tenure. 1 Forb. Inst.
In French law. The right of succession which arises to one upon the death, whether natural or civil, of another,
In old Englishlaw. Equality.
- Overdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
In conveyancing, the word “over” is used to denote a contingent limilation intended to take effect on the failure of a prior estate. Thus, in what is commonly called the “name and
or OVERCYHSED. Proved guilty or convicted. Blount.
To draw upon a person or a bank, by bills or checks, to an amount In excess of the funds remaining tothe drawer'’s credit with the drawee, or to an amount greater than what is due.
A negotiable instrument or other evidence of debt is overdue when the day of its maturity is past and it remains unpaid. A vessel is said to be overdue when she has not reached her
To inquire into; to review; to disturb. “The merits of a judgment can never be overhauled by an original suit.” 2 EH. BI. 414.
In Saxonlaw. Con-
To survive; to live longer than another. Finch, Law, b. 1, c. 3, no. 58; 1 Leon. 1.
What is left beyond a certain amount; the residue; the remainder of a thing.
- Overreaching Clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In a resettlement, a clause which saves the powers of sale and leasing annexed to the estate for life created by the original settlement, when it is desired to give the tenant for
In old English law, A forfeiture for contempt or neglect in not pursuing a malefactor. 3 Inst. 116.
A superintendent or supervisor; a publie officer whose duties involve general superintendence of routine affairs.;
- Overseers Of Highwaysdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name given, in some of the states, toa board of officers of a city, township, or county, whose special function is the construction and repair of the public roads or highways.
- Overseers Of The Poordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Persons appointed or elected to take care of the
In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion, or be is named by the arbiters themselves, under powers given them by the
- Overtdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Open; manifest; public; issuing in action, as distinguished from that Which rests merely in intention or design.
In criminal law. An open, manifest act from which criminality may be implied, An open act, which must be manifestly proved. 3 Inst. 12.
An opening; a proposal.
An open, plain word, not to be misunderstood. Cowell.
- Oweltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Equality. This word is used in law in several compound plirases, aa follows: 1. Owelty of partition is a sum of money paid by one of two coparceners or co-tenants to the other, whe
Something unpaid. <A debt, for example, is owing while it is unpaid, and whether it be due or not.
In English law. Persons who carried wooi, ete., to the sea-side by night, in order that it might be shipped off contrary tolaw. Jacob.
In English law, The offense of transporting wool or sheep out of thekingdom; so called from its being usually carried onin the night. 4 Bl Comm, 154,
- Oyerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Inold practice. Hearing; the hearing a deed read, which a party snedon a bond, ete., might pray or demand, and it was then read to him by the other party; the entry on the record b
- Oyer And Terminerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A half French phrase applied in England to the assizes, which are so called from the cominission of oyer and terminer directed to the judges, empowering them to “inquire, hear, und
A petition In the sake, will hear or look upon any record. courts are Cowell. Bur-
Hearye. A word used in courts by the public erier to command attention mate when a proclamation is about to be made.
- Pactumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. In old English law, A deed; a person’s act and deed; unything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in
Lat. In the law of evidence. The fact to be proved; afact which isin issue, and to which evidence Isto bedirected. 1 Greenl. Hy. § 13.
COURT OF. In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and par
In French law. A contract of letting houses.
The privilege which anciently several lords reserved to themselves of setting up folds for sheep in any fields within their manors, the better to manure them, and this not only wit
In maritime law. To leave a port; to be out of a port. To depart imports more than to sez, or set sail. A warranty in a policy that a vessel shall depart on or before a particular
And of this he puts himself upon the country. The formal conclusion of & common-law plea in bar by way of traverse, The literal translation is rebained in the modern form.
A tribunal empowered to try any oflicer of government or other person brought to its bar by the process of imthe senate; and in the several states, usually, the upper house of the
In old English law. A writ which lay for @ person wiiose cattle or goods were taken by another, who during a contest was likely to make away with them, and who had not the ability
- Perdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. Officers of the court of chancery; their offices were abolished by 5 & 6 Vict. ce. 103,
A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Pog. Orig. 2226.
Chief justice for holding pleas before the king. e title of the chief justice of the king’s bench, first assumed in the latter part of the reign of Henry III. 2 Reeve, Eng. Law, 91
Chief justice for holding pleas before the king. The title of the chief justice of the king’s bench, first assumed in the latter part of the reign of Henry Ill. 2 Reeve, Eng. Law,
In old English law. A species of base tenure, by which certain lands (termed “bord lands,”) were anciently held in England, the tenunts being termed “bordavii;” the service was tha
In maritime law. The accidental ranning foul of vessels. 14 Pet. 112.
A precautionary stipuration inserted in a deed making a good tenant to the prweépe in a common recovery. See I Prest. Cony. 110.
(spelled, also, “France. ling” and “Franklin.”) A freeman; a free. holder; a gentleman. Blount; Cowell.
Know all men by these presents. Formal words used at the commencement of deeds ef release in the Latin forms. work. This was a species of remedy in the civil law, available to a pe
The writ of entry ad terminum qui preterit lies where a man leases land to another for a term of years, and the tenant holds over histerm. And if lands be leased to a man for the t
In’Scotch law. The tenant of “afeu; afeu-vassal. ell.
- Privy Councildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. A tribunal composed of members of the privy council, being judges or retired judges, which acts as the queen’s adviser in matters of law referred to it, and exercis
A writ prohibiting the taking of fines for beau pleader. Reg. Orig. 179. DE FINE PRO REDISSEISINA CA-