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
- Clerkdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In ecclesiastical law. A person in holy orders; a clergyman; an individual attached to the ecclesiastical state, and who has the clerical tonsure. See 4 Bl. Comm. 366, 367. In prac
In English law. An assistant to the clerk of assise. His duties are in the crown court on circuit,
In English law. Officers who officiate as associates on tha circuits. They record all judicial proceeds ings done by the judges on the circuit.
An officer of a court of justice who has charge of the clerical part of its business, who kweps its records and seal, issues process, enters Judgments and orders, gives certified c
In English law. The former chief oilicer of Lhe English enrollment oftice, (g. 0.) He now forms part of the staff of the central ollice. CLERK OF THE CROWN IN
The overseer or superintendent of a public mar. ket. In old English law, he was a quasi sons dealing there. Called “eclericus mer- » 481. Comm. 275.
One of the chief officers of the house of jords. He is appointed by the crown, by letters patent.. On entering office he makes # declaration to make true entries and records of the
- Clerk Of The Peacedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English aw. An officer whose duties are to ofliciate it sessions of tle peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of
See Petry Baa.
There ave four of these officers, who attend the lord privy seal, or, in the absence of the lord privy seal, the principal secretary of state. Their duty is to write and make out a
An offlcer, in England, whose dufy it is touttend on the king’s principal secretary, who always has the custody of the privy signet, as well for the purpose of sealing his majesty’
- Clerkshipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The period which must be spent by a law-student in the office of a practising attorney before admission to the bar. 1 Tidd, Pr. 61, et seq. In old English practice. The art of draw
Offcers attached to the central criminal court in England, ani) to each circuit. They prepare and settle indictments against offenders, and assist the clerk of arraigns.
Officers formerly attached to the English court of chaucery, whose duties consisted prineipally in sealing bills of complaint and writs of execution, filing aflidavits, keeping a r
in the principal registry of the probate division of the English high court, discharge the duty of preparing and passing the grants of probate and letters of administration, under
Lat. In the Roman law. A client or dependent. One who depended upon another as his patron or protector, adviser or defender, in suits at law and other difflculties; and was bound,
- Clientdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A person who employs or retains an attorney, or counsellor, to appear for him in courts, advise, assist, and defend him in legal proceedings, and to act for him in any legal busine
In old English law. Clientship, the state of a client; and, correlatively, protection, patronage, guardianship.
- Clifford'’s Inndefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
<An inn cf chancery. See INNS or CHANCERY.
In Saxon law. The son of a king or emperor. The next heir to the throne; the Saxon adeling. Spelman.
A gaol; a prison ordungeon. distinguished from those that are open or patent.
- Closedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
#. A portion of land, as a field, inclosed, ag by a hedge, fence, or other visible inclosure. 38 Bl. Comm. 209. The interest of a person in any particular piece of ground, whether
- Close Copiesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Copies of legal documents which might be written closely or loosely at pleasure; as distinguished from office copics, which were to contain only a prescribed number of words on eac
In admiralty law, this nautical term means the arrangement or trim of a vessel’s sails when she endeavors to muke a progress in the nearest direction possible towards that point of
- Close Rollsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Rolls containing the record of the close writs (diter@ elause) and grants of the king, kept with the public rec. ordg. 2 Bl. Comm. 346.
In English law. Certain letters of the king, sealed with his great seal, and directed to particular persons and for particular purposes, which, not being proper for public inspecti
The procedure in deliberative assemblies whereby debate is closed. Introduced in the English parliament in the session of 1882.
- Cloughdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Avalley. Alsoan allowance for the turn of the acale, on buying goods wholesale by weight.
A voluntary, unincorporated association of persons fer purposes of a social, literary, or political nature, or the like. A ciul is nota partnership. 2 Mees. & W. 172. The word “clu
Rule of violence; regulation by force; the law of arms.
Uoach isa generic term. It is a kind of carriage, and is distinguished from otber vehicles, chiefly, as being a covered box, hung on leathers, with four wheels. 9 Ohio, 12.
- Coadjutordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
An assistant, helper, or ally; particularly a@ person appointed to assist a bishop who from age or infirmity is unable to perform his duty. Also an overseer, (coadjutor of an execu
- Coadunatiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A uniting or combining together of persons; a conspiracy. $% Coke, 56.
A species of promissory note, formerly in use in the port of London, eontaining the phrase “value received in coals.” By the statute 3 Geo. IL, c. 26, §§ 7, 8, these were to be pro
Chamberlainship; the office of a chainberlain. Cowell.
One of two or more _COCKET. In Englishlaw. A seal belongassignees of Lhe same subject-matter. ing to the custom-house, or rather a scroll of parchment, sealed and delivered by the
The edge or margin of a coun- cers of the custom-house to merchants, as a try bounding on the sea. It is held that the warrant that their merchandises are entered; term includes sm
A boatman; acockswain. This word is particularly appropriate to Cowell. the edge of the sea, while “shore” may be used of the margins of inland waters. CODE. A collection or compen
The study of the principles of legal science fy the comparison of various systems of law.
See Cope Crvi..
The penal or criminal eole of France, enacted in 1810.
- Codexdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. A code or collection of laws; particularly the Code of Justinian. Also a roll or volume, and a book written on paper or parchment,
A collection of imperial constitutions made by Hermogenes, a jurist of the fifth century. It was nothing more than a supplement to the Codex Gregorianus, (supra,) containing the co
A collection of imperial constitutions, made by acommission of ten persons appointed by Justinfan, A. D. 528. CODEX REPETITA PRALECTIO-
A code compiled by the emperor Theodosius the younger, A. D. 438, being a methodical eollection, in sixteen books, of all the imperial constitutions then in force. It was the ouly
The old code. The first edition of the Code of Jnstinian; now lost. Mackeld. Rom, Law, § 70.
- Codicildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A testamentary disposition subsequent to a will, and by which the will is altered, explained, added to, subtracted from, or confirmed by way of republication, but in no case totall
In the Roman law. A codicil; an informal and inferior kind of will, in use among the iiomans,
The process of collecting and arranging the laws ol a country or state into a code, z. ¢., into a complete system of positive law, scientilically ordered, and prowulgated by legisl
Mutual purchase. One of the modes in which marriage was contracted among the Romans. The man and the woman delivered to each other a small piece of money. ‘The man asked the woman
The act of purchasing the whole quantity of any commodity. Wharton.
- Coerciondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Compulsion; force; duress. It may be either actual, (direct or positive, ) where physical force is put upon a man te compel him to do an act against his will, or ‘der subjection to
One who is a joint. executor with one or more others.
A house of entertainment where guests are supplied with coffee and other refreshments, and sometimes with lodging. Century Dict. A coffee-house is not an inn. 4 Camp. 76.
- Cognatesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
(Lat.cognati.) Relations by the mother’s side, or by females, Mackeld. Rom. Law, § 144. A common term in Scoteh law. Ersk. Inst. 1, 7, 4.
- Cognatidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. In thecivillaw. Cognates relations by the mother’s side. 2 Bl. Comm. 235. Relations in the line of the mother, Hale, Com. Law, c. xi. Relations by or through females.
Lat. In tho civil law. Cognation. Reiationship, or kindred generally, Dig. 88,10, 4, 2; Inst. 3, 6, pr. Relationship through females, as distinguished from egnatio, or relationship
- Cognationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Inthe civillaw. Signinifies generally the kindred which exists between two persons who are united by ties of blood or family, or both.
Lat. Inthecivil law. A Telation by the mother’s side; a cognate. A relation, or kinsman, generally.
In old practice. That part of a fine in which the defendant acknowledged that the land in question was the right of the complainant. From this the fine itself derived its name, as
In English law. <A writtoa justice of the common pleas, or other, who has power to take a fine, whe, having taken the fine, deters to certify it, commanding him to certify it. Now
In Scotch practice, A name given toa judgment or decree pronounced by a court, ascertaining the amount of a debt against the estate of a deceased landed proprietor, on cause shown,
Inthe Romanlaw. An advocate or defender in a private cause; one who defended the cause of a person who was present. Calvin, Lex, Jurid.
- Cognizeedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The party to whoma fine was levied, 2 Bl. Comm. 351.
- Cognizordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old conveyancing. The party levying a fine. 2 Bl. Comm. 350, 351.
In Romanlaw. A man’s family name. The first name (pranomen) was the proper name of the individual; the second (momen) indicated the gens or tribe to which he belonged; while the th
(He has confessed the action.) A defendant's written confession of an action brought against him, to which he has no available defense. It is usually upon condition that he shall b
To live together as husband and wife; to live together at bed and board. Burrows, Sett. Cas. 26. To live together, as !n the same house. “That his sisters, the Lady Turner and Arab
Living together; living together as husband and wife. Cohabitation means having the same habitation, not a sojourn, a habit of visiting or remaining for a time; there must be somet
One of several to whom an inheritance descends.
A joint heiress, <A woman who has an equal share of an inheritance with another woman.
A tribute made by those who meet promiscuously in a market or fain Du Cange.
- Coifdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A title given to serjeants at law, who are called “serjeants of the coif,” from the coif they wear on their heads. The use of this coif at frst was to cover the clerical tonsure, m
te. To fashion pieces of metal into a prescribed shape, weight, and degree of fineness, and stamp them with prescribed devices, by authority of government, in order that they muy c
Pieces of gold, silver, or other metal, fashioned into a prescribed shape, weight, und degree of fineness, and stamped, by authority of government, with certain marks and devices,
The process or the function of coining metallic money; also the great mass of metallic money in circulation.
Lat. In old English law. Associate judges having equality of power with others.
- Colibertusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In feudal law. One who, holding in free soecage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenu
- Collateraldefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiliary; supplementary; co-operating.
In old practice. The name “collateral act” was given to any act (except the payment of money) for the performance of which a bond, recognizance, elc., was given as securiby. COLLAT
That which is made over and above the principal assurance or deed itself.
That relationship which subsists between persons who have the same ancestors but not the same descendants, who do not descend one from the other. 2 Bl. Comm. 203. Lineal consanguin
Descent in a collateral or oblique line, ¢. e., up through the common ancestor and then down from him; descent to collaterals,
The collateral determination of a question by a court having general jurisdiction of the subject. See 26 Vt. 209.
The ancient title of masters in chancery.
- Collateral Issuedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. SSS An issue taken upon matter asire from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings,
- Collateral Securitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A security given in addition to the direet security, and subordinate to it, intended to guaranty its validity or convertibility or ingure its per- J formance; so that, if the direc
“Collateral” and “original” have become the L technical terms whereby to distinguish promises that are within, and such as are not within, the statute of frauds. 7 Har. & J. a 391,
- Collatio Bonorumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A _ joining together or contribution of goods into a commonfund. ‘This occurs where a portion of money, advanced by the father to a son or daughter, is brought into Aotehpot, in or
Inthe civil law. The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or ot
In old English law. A writ whereby the king conferred the keeping of an hermitage upon aclerk. Reg. Orig. 303, 308.
- Collation Of Sealsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
When upon the same label one seal was set on the back or reverse of the other. Wharton.
- Collation To A Beneficedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In eeclesinstical law. This occurs where the bishop and patron are one and the same person, in which case the bishop cannot present the clergyman to himself, but does, by the one a
In old English law. A comparison of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Adams. See Bract. fol. 3d89b.
To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To collect a debt or claim is to obtain payment or liquidation of it,
- Collectordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One authorized to re ceive taxes or other impositions; as “collect. or of taxes,” A person appointed by a private person to collect the credits due him, COLLECTOR OF DECHDENT’S ES-
An officer of the United States, appointed for the term of four years. Act May 15, 1820, § 1; 3 Story, U. S. Laws, 1790.
- Collegadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In the civil law. One invested with joint authority. A colleague; an associate.
- Collegatariusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Lat. In the civil law. Aco-legatee. Inst. 2, 20, 8,
A co-legatee; a person who has a legacy left to him in common with other persons.