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
Inold Europeanlaw, Money paid to support a barbican or watchtower. tached, or who, although such duties were originally attached to his office, would, on the requisition of his ces
Fr. A wrangling suit. Britt. c. 92; Co. Litt. 368.
In Englishlaw. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. “Extortion.” Abolished by St. 14 Geo. III. c. 26; 55 Geo. III. c. 50; 8
- Bargain And Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In conveyancing. The transferring of thelproperty of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch. (by Preston,) 221. A contract or bargain
- Bargaineedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The party to a bargain to whom the subject-matter of the bargain or thing bargained for is to go; the grantee ina deed of bargain and sale.
- Bargainordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The party to a bargain who is to perform the contract by delivery of the subject-matter.
Issometimes figuratively used to to be expressed, as distinguished from its inner substance or essential meaning. “If the bark makes for them, the pith makes for us.” Bacon.
In linear measure. The third of an inch.
Courts held in certain mining districts belonging to the Duchy of Lancaster, for regulation of the mines, and for deciding questions of title and other matters relating thereto. 8
An inn of chancery. See INNS OF CHANCERY.
- Barodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
An old law term signifying, originally, a “man,” whether slave or free. In later usage, a “freeman,” a “strong man,” a “good soldier,” » “baron;” also a “vassal,” or “feudal tenant
- Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A lord or nobleman; the most general title of nobility in England. LBL. Comm, 898, 399, A particular degree or title of nobility, next to a viscount, A judge of the court of excheq
Under the protection of a lus band; married. 1 Bl. Comm. 442. La feme que est covert de baron, the woman which ig covert of a husband. Litt. § 670.
In English law. The collective body of the barons, or of the nobility at large. Spelman.
Husband and wife. A wife being under the protection and influence of her bao, lord, or busband, is styled a “feme-covert,” (femina viro cooperta,) and her state of marriage is call
- Baronetdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An English name or title of dignity, (but nota title of nobility,) established A. D. 1611 by James I. It is created by letters patent, and descends to the male heir, Spelman.
- Barons Of The Cinque Portsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Members of parliament from these ports, viz.: Sandwich, Romney, Hastings, Hythe, anit Dover. Winchelsea and Rye have been added.
- Barons Of The Exchequerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
baron;” answering to the justices and chief justice of other courts. 6
In England, a quantity of land amounting to 15 acres. In ireland, a subdivision of a county.
- Barradefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
or BARRE. Inold practice. A pleain bar. The bar of the court. A barrister.
- Barratordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
One whois guilty of the erime of barratry.
Fraudulent; having the character of barratry.
- Barratrydefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In maritime law. An act committed by the master or mariners of a vessel, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain i
A measure of capacity, equal to thirty-six gallons. In agricultural and mereantile parlance, as also in the inspection laws, the term “barrel” means, prima facie, not merely a cert
- Barren Moneydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the civil law. A debt which beara no interest.
Incriminallaw. Acommon mover, excifer, or maintainer of suits and quarrels either in courts or elsewhere in the country; a disturber of the peace who spreads false rumors and calum
- Barretrydefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In criminal law. The act or offense of a barretor, (gq. v.;) usually called “common barretry.” The offense of frequently exciting and stirring up suits and quarrels, either at law
In mining law and the usaga of miners, is a wall of coal left between two mines,
- Bartondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Inold Englishlaw. MThede mesne land of a manor; atarm distinct from the mansion.
- Bas Chevaliersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. Low, or inferior knights, by tenure of a base military fee, as distinguished from barons and bannerets, who were the chief or superior knights. Cowell.
- Base courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. Any inferior court that is not of record, as a court baron, etc. Kitch. 95, 96; Cowell.
In Scotchlaw. A subordinate right; the right of a subvassal in the lands held by him. Bell.
- Base Servicesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In fendal law. ” _ Such services as were unworthy to be performed by the nobler men, and were performed by the peasants and those of servile tank. 2 BI. Comm. 61.
Tenants who performed to their lords services in villenage; tenants who held at the will of the lord, as distinguished from frank tenants, or freeholders. Cowell.
A tenure by villenage, or other customary service, as distinguished from tenure by military service; or from tenure by {ree service. Cowell,
- Basileusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A Greek word, meaning “king.” <A titleassumed by the emperors of the Eastern Roman Empire. It is used by Justinian in some of the Novels; and is said to have been applied to the En
- Basilicadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The name given to a compilation of Roman and Greek law, prepared about A. D. 880 by the Emperor Basilius, and published by his successor, Leo the Philosopher. It was written in Gre
In old English law. <A kind of money or cvin abolished by Henry L.
Im admiralty law and marine insurances. A part of the sea inclosed in rocks. 13 Amer. Jur. 286.
In feudal law. Lands held by the service of making the king’s baskets.
- Basse Justicedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In feudallaw. Low justice; the right exercised by feudal lords
- Bastarddefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
An illegitimate child; a child born of an unlawful intercourse, and while its parents are not united in marriage. A child born after marriage, but under cireumstances which render
- Bastardadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In old English law, A female bastard. Fleta, lib. 5, ¢. 5, § 40.
In old English law. Bastard elder. If a child was born of an illicit connection, and afterwards the parents intermarried and had another son, the elder was called “bastard eigne,”
To declare one a bastard, as a court does. ‘To give evidence to prove one a bastard. A mother (married) cannot bastardize her child. Bastardus nuilius est filius, aut filius R popu
- Bastardydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The offense of begetting a bastard child. The condition of a bastard.
- Bastardy Processdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
The method provided by statute of proceeding against the putative father to secure a proper muaintenance for the bastard.
- Bastondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law, a baton, club, or stalf. A term applied to officers of the wardens of the prison called the “Fleet,” because of the staff carried bythem. Cowell; Spelman; Terme
In Frenchlaw. The suburbs of a town.
Land that isin controversy, or about the possession of which there is a dispute, as the lands which were
- Batailledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Bat-. tel; the trial by combat or dueliumn.
In French marine law. A vessel or ship.
The chief of the French bar in its various centres, who presides in the council of discipline. Arg, Fr. Mere. Law, 546.
- Batteldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Trial by combat; wager of battel.
WAGER OF. Mold English law. A form of trial anciently used in mill- Se tary cases, arising in the court of chivalry and honor, in appeals of felony, in criminal cases, and in the o
- Batterydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
<Any unlawful beating, or other wrongful physical violence or con straint, inflicted on a human being without his consent. 2 Bish. Crim. Law, § 71. A battery is a willful and unlaw
One whoprocures opportunities for persons of opposite sexes to cohabit in an illicit manner; who may be, while exercising the crime either of adultery or of fornication. See 4 Mo.
A house of prostitution; a brothel. A house or dwelling wmaintained for the convenience and resort of persons desiring unlawfal sexual connection.
<A pond-head made of a great height to keep in water for the supply of a mill, ete., so that the wheel of the mill may be turned by the water rushing thence, through a passage or f
Inold Englishlaw. Builiff. This term igs used in the laws of the colony of New Plymouth, Mass., A. D. 1670, 1671. Burrill.
A species of creek or stream common in Louisiana and Texas. An outlet from a swamp, pond, or lavoun, toa river, or the sea. See 8 How. 48, 70.
A light-house, or sea-mark, formerly used to alarm the country, in case of the approach of an enemy, but now used -EACONAGE. Money paid for the tenance of a beacon or signal-light,
This term, in its ordinary signification, when applied to a place on tidewaters, means the space between ordinary high and low water mark, or the space over which the tide usually
In English ecclesiastical law. inferior parish officer, who ig chosen by vestry, and whose business is to atlend “the vestry, to give notice of ils meetings, to exectte its orders,
Instruments for weighing goods and merchandise.
In the language of the stock exchange, this term denotes one who speculates for afall in the market.
- Bearerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who carries or holds a thing. When a check, note, draft, etc., is payable to “bearer,” it imports that the contenia thereof shall be payable to any person who may present the i
- Bearersdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Inold Englishlaw. Those who bore down upon or oppressed others; maintainers. Cowell.
- Bearing Datedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Disclosing a date on its face; having a certain date, These words are often used in conveyancing, and in pleading, to introduce the date which has bees put upon an instrument.
- Beastdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Ananimal; a domestic animal; A quadruped, such as may be used for food or in labor or for sport.
In Suffolk, England, imports land and common for one beast. 2 Strange, 1084; Rose. Real Act. 485,
- Beasts Of The Chasedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. The buck, doe, fox, martin, and roe. Co. Litt. 233¢.
- Beasts Of The Forestdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English Jaw. The hart, hind, hare, boar, and wolf. Co. Litt. 233.
An old term for animals employed in the operations of husbandry.
- Beasts Of The Warrendefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. Hares, coneys, and roes. Co. Litt. 25338; 2 Bl. Comm. 39,
(to plead fairly.) In which enacts that neither in the circuits of the justices, nor in counties, hundreds, or courts-baron, any fines shall be taken for fair-pleading, #. e., for
The hollow or channel of a watercourse; the depression between the banks worn by the regular and usual flow of the water. “The bed is that soil so usually covered by water as to be
AL#. <A witness testifies on “hbebalf” of the party who calls him, notwithstanding his evidence proves to be adverse to that party’s case. 65 Ill, 274, See, further, 12 Q. B. 693;
- Bedeldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Englishlaw. A crier or messenger of court, Who summons men to appear and answer therein. Cowell. An officer of the forest, similar to a sheriff’s special bailiff. Cowell. A coll
- Bedelarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
‘The jurisdiction of a bedel, as a bailiwick is the jurisdiction of a bailiff. Co. Litt. 2346; Cowell.
In Scotch law. A citation published at the market-cross of Edinburgh, and pier and shore of Leith, Used aguinst foreigners not within the king-
Inold French law, The seat or throne upon which the king sat when personally present in parliament; hence it signified the parliament itself.
In India. A lady, princess, woman of high rank.
Use; benefit; profit; service; advantage. It occurs in conveyances, e. g., “to his and their use and behoof.”
- Beliefdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A conviction of the truth of a proposition, existing in the mind, and induced by persuasion, proof, or argument addressed to the judgment. Belief is to be distinguished from "proof
In international law. A term used to designate either of two nations which are actually in a state of war with each other, as well as their allies actively co-operating; as disting
- Bellumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In public law. War. An armed contest between nations; the state of those who foreibly contend with each other, Jus belli, the law of war.
- Belowdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In practice. Persons who undertake that a defendant arrested upon mesne process in a civil action shall duly appear to answer the plaintiff; such undertaking being in the form of a
In practice. Inferior; of inferior jurisdiction, or jurisdiction in the first instance, The court from which a canse ia removed for review is called the “court below.” Preliminary;
- Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A seat of judgmentor tribunal for the administration of justice; the seat oceupied by judges in courts; also the court itself, as the “King’s Bench,” or the aggregate of the judges
An officer who had the custody of the queen’s bench prison. The St, 5 &6 Vict. c. 22, abolished this office, and substituted an oflicer called “keeper of the queen's prison,”
- Benchersdefined inBouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. Seniors in the inns of court, usually, but not necessarily, queen’s counsel, elected by co-optation, and having the entire management of the property of their respe
In equity practice. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at Jaw whichis actually commenced, where there is good c
- Benefice De Discussiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French law. Benefit of discussion. The Tight of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before baying recourse tu the g
In French law. Benefit of division; right of contribution as between co-sureties.
In Frenchlaw. The person in whose favor a promissory note or bill of exchange is payable; or any person in
Tending to the benefit ofa person; yielding a profit, advantage, or benefit; enjoying or entitled to a benefit or profit. This term is applied both to estates (as a “beneficial int
The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustes for another. 11 H. L. Cas. 271.
- Beneficial Interestdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control.
- Beneficial powerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In New York law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his benefit; as distinguished from a trust power, whic