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
In French E law. The gain of a suib.
- Attentatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Lat. He attempts. In the civil and canon law. Anything wrongappeal. 1 Addams, 22, note; Shelf. Mar. & Div. 562.
One who owes a duty or service to another, or in some sort depends upon him. Termes dela Ley. One whio follows and waits upon another.
- Atterminaredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. To put off toa suceceding term; to prolong the time of payment of adebt. St. Westm. 2, ¢.4; Cowell; Blount.
- Atterminingdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A putting off; the granting of a time or term, as Tor the payment of adebt. Cowell.
- Attermoiementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In canon law. A making terms; a composition, as with creditors. 7 Low. Can, 272, 306.
- Attestdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To witness the execution of a written insirument, at the request of him who makes it, and subscribe the same as a witness. This is also the technical word by which, in the practice
- Attestationdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing itas a witness. 3 P. Wms. 254; 2 Ves. Sr. 454; 17 Piek. 373. Heecution
- Attestation Clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
That clause Wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
- Attesting Witnessdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One who signs his name to an instrument, at the request of the party or parties, for the purpose of proving and identifying it.
- Attestor Of A Cautionerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In Scotch practice. A person who attests the sufliciency of a cautioner, and agrees to become swbsidiarie liable for the debt. ell.
- Attiledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Inold English law. Rigging; tackle. Cowell.
- Attorndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. To transfer or turn over to another. Where a lord aliened his seigniory, he might, with the consent of the tenant, and in some cases without, attorn or transfer the
In feudal law. To at torn; to transfer or turn over; to appotnk an attorney or substitute. ATTC (NARE REM. To turn over money or goods, é. e., to assign or appropriate — them to so
Fr. Inold English law, Anattorney, Britt. ¢. 126.
- Attorneydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. It is "an ancient English word,
- Attorney At Lawdefined inBallentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
An advocate, counsel, official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is employed by a party in a cause to man
- Attorney Generaldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. The chief law olticer of the realm, becreated by letters patent, whose office is exhibil informations and prosecute for the own in matters ecrinjinal, and to file b
A private attorney authorized by another to act in his place and stead, either for some particular purpose, as to do a particular act, or for the trinsaction of business in general
In English law. <A certificate that the attorney practising attorneys uuder a penalty of Afty pounda.
The oifics of an agent or attorney.
- Attornmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In feudal and old Enclish law. A turning over or transfer by a lord of the services of his tenant to the grantee of his svigniory. j Attormment is the act of a person who holds @ l
- Aubainedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
See Droit p’AUBAINE
In ease of need. A French phrase sometimes incorporated in a bill of exchange, pointing out some person from whom payment may be sought in case the drawee fails or refuses to pay t
- Auctiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A public sale of land or gouds, at public outery, to the highest bidder. A sale by auetion is a sale by publie outery to the highest bidder on the spot. Civil Code Cal. § 1792; Civ
Catalogues of goods for public sale or auction.
One who bought and sold again at an increased price; an auctioneer, Spelman.
- Auctioneerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
<A person authorized or licensed by luw to sell lunds or goods of other persons at public auction; one who sells at auction. Awuelioncers differ from brokers, infthat the latter ma
In the civil law. Authority. In old European law. A diploma, or royal charter. A word frequently used by Gregory of Tours and later writers. Spelman. Auctoritates philosophorum, me
The style in which writs and all judicial processes were made out during the great revolution, from the execution of King Charles I. till Oliver Cromwell was declared protector.
In international law. <A hearing; interview with thesovereign, The king or other chief executive of a country grants an audience toa foreign minister who enmes to him duly accredit
- Audience Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. A court belonging to the Archbishop of Canterbury, having jurisdiction of maiters of form only, as the confirmation of bishops, anil the like. This court bas the sa
- Audiendo Et Terminandodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A writ or commission to certain persons to appease and punish any insurrection or great riot. Fitz. Nat. Brev. 110.
- Auditdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
Asa verb; to make an official investigation and examination of accounts and vouchers.: As a noun; the process of auditing accounts; the bearing and investigation bad before an audi
- Audita Quereladefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The name of a writ constituting the initial process in an acjudgment, on account of some matte fense or discharge, arising since its rend and which could not be taken adyante other
- Auditordefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A public officer whose function is to examine and pass upon the accounts and vouchers of officers who have received and expended public money by lawful authority. In practice. An o
An oflicer of the English exchequer. 4 Inst. 107,
- Auditors Of The Imprestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Officers in the English exchequer, who formerly had the charge of auditing the accounts of the customs, naval and military expenses, — elc., now performed by the commissioners for
- Augmentationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The increase of the crown’s revenues from the suppression of religious houses and the appropriation of their lands and revenues, Also the name of a court (now abolished) erected 27
Inold Europeanlaw. A kind of oath among the Bavarians. Spelman. In Saxon law. One bound by oath, g. d. “oathtied.” From ath, oath, and tied. Id.
- Auladefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A hall, or court; the court of a baron, or manor: a court baron. Spelman. AULA ECCLESIAY A nave or body of a church where temporal courts were anciently held.
The chief court of England in early Norman times, It was established by William the Conqueror in his own hall, it was composed of the great officers of state, resident in the palac
Papal ambassadors of the second rank, who are sent toa country where
Autre. L. Fr. Another;
Fr. ading. Another action pending. A of pleainabatement, 1 Chib. Pl. 454.
- Auter Droitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)Bouvier (1839)
In right of another, g., a trustee holds trust property in right hiscesiui gue trust. A prochetn amy sues ight of an infant. 2 Bl. Comm. 176. ZU0THENTIC. Genuine; true; having char
- Authenticationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In the law of evidence. The act or mode of giving authority or legaj authenticity to a statute, rec. ord, or other written instrument, or a certified copy thereof, so as to render
- Authenticsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In the civil law. A Latin translation of the Novels of Justinian by an anonymous author; so called because the Novels were translated entire, in order to distinguish it from the ep
- Authoritydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In contracts. The lawful delegation of power by one person to another. In the English law relating to public administration, an authority is a body having jurisdiction in certain m
In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the suvereign, Schm. Civil Law, 93. i
The name of an unlimited monarchical government. A government at the will of one man, (called an “autoerat,”) unchecked by constitutional restrictions or limitations.
The handwriting of any one.;
The pulitical independence of a nation; the right (and condition) of self-government.
The dissection of a dead body for the purpose of inquiring into the causcoofdeath. Pub. St, Mass. 1882, p. 1288.
- Autrefoisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
At another time; formerly; before; heretofore.
In criminal law, Formerly acquitted. The name of a plea in bar to a criminal action, stating that the defendant has been once already indicted and tried for the same alleged offens
In criminal jaw. Formerly attainted. <A plea that the defendant has already been attainted for one
Form convicted. In criminal law. A plea by criminal in bar to an indictment that he been formerly convieted of the same ide tical crime. 4 BL Comm. 336; 4 Steph. Comm. 404.
Fr. Another’s life. A person holding an estate for or during the life of another is called a tenant “pur autre vie,” or “pur terme d’autre vie.” Litt. § 56; 2 Bl. Comm. 120.
In feudal and old English law. Aid; a kind of tribute paid by the vas sal to his lord, being one of the incidents of the tenure by knight's service, Spelman. AUXILIUM AD FILIUM MIL
In old English law. A precept or order of court citing and convening a party, at the suit and request of another, to warrant something.
- Auxilium Regisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law, The king’s aid or money levied for the royal use and the public service, as taxes granted by parliament.
An ancient duty paid to shevifia. Cowell.
- Avail Of Marriagedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In feudal law. The right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not
- Availsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Profits, or proceeds. This word seems to have been construed only in reference to wills, and in them it means the corpus or proceeds of the estate after the payment of the debts. 1
- Avaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In French law. The guaranty of a bill of exchange; so called because usually placed at the foot or bottom (eval) of the bottom of a promissory note or of a bill of exchange; proper
Chance; hazard; mishance,
AVARIE. Average; the loss and damage suffered inthe course of a nayigation. Poth. Mar. Louage, 105.
A certain quantity of oats paid bya tenant to his landlord as rent, or in lieu of some other duties.
- Aventuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Burrill (1850)
or ADVENTURE. A mischince causing the death of a man, as where a person is suddenly drowned or killed by any accident, without felony. Co. Litt. aol.
- Averdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In old English and French, A working beast; a horse or bullock.
- Averagedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
<A medium, a mean proportion,; In old English law. <A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle,
“Average charges for toll and transportation ” are understood to mean, and do mean, charges made at a mean rate, obtained by dividing the entire receipts for toll and transportatio
In maritime law. A partial loss of goods or vessels insured, for which the insurers are bound to compensate the insured in the proportion which the loss bears tothe whole insurance
Such as are computed on all the prices of any articles sold within a certain period or district.
A rent reserved to religious houses, to be paid by their tenants in corn.
In old conveyancing. To have and to hold,
- Averiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. This term was applied to working cattle, such as horses, oxen, etc, AVERIIS CAPTISIN A writ granted to one whose cattle lawfully distrained by another and of th
In feudal law. Land plowed by the tenant for the proper use of the lord of the soil.
- Avermentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In pleading. stutement of facts, in opposition or inference. 1 Chit. Pl. 320. In ofd pleading. An offer to or pleading. The concluding part replication, or other pleading, affirmat
Money paid towards the king’s averages or carriages, and so to be freed thereof.
- Averraredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. required from some customary carry goods ina wagon or upon
<A custom or rent formerly so called.
Inthe civil law. ing or turning away. A term species of sale in gross or bulk, house altogether, instead of in Kent, Comm. 517.
- Aversio Periculidefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Black's (1891)Stimson (1881)
A of peril. Used of a contract of Kent, Comm. 263.
Goods, property, a beast of burden. Spelman.
- Avetdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A term used in the signifying to abet or assist.
Inthe civillaw. A Inst. 3, 6, 8.
In the civil law. son,
Within the the legislation of congress upon this plirase means navigation 3 of the country, but not upon lakes. 24 How. 1; 6 Biss. 364.
- A Vinculo Matrimoniidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
(Lat. from the bond of matrimony.) A term deseriptive of a kind of divorce, which effects a complete dissolution of the marriage contract, See Divogce. Ab abusu ad usum non valet c
In Scotchlaw. avizandum with a process is to the public court to the private of the judge. Bell.
Fr. Advocate;
To annul; cancel; to destroy the efficacy of anything.
- Avoidancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
<A making effect; annulling, cancelling; evading. In English ecclesiastical term describes the condition of when it has no incumbent. In parliamentary language, decision signifies
- Avowtererdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. An adulterer with whom a married woman conlaw. The tinues in adultery. Termes de la Ley. a benefice
In the civil law. A mother's brother. 2 Bl. Comm. 230. Avunculus magnus, a great-uncle. Avunculus major, a great-grandmother's brother. Avunculus maximus, a great-great-grandmother
In the civil law. <A grandfather. Inst. 3, 6, 1.
- Awaitdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A term used in old statutes, signifying a lying in wait, or waylaying.
- Awarddefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
ec To grant, concede, adjudge to. Thus, a jury awards damages; the court @wards an injunction.