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
<A court or yard beforea house, Blount.
or CORTARIUM. In old records, A yard adjoining a country farm. A
In French law. Gratuitous labor exacted from the villages or communities, especially for repairing roads, constructing bridges, ete,
In Spanishlaw. A canse or matter adjudged, (res judicata.) White, New Recop. b. 3, tit. 8, note,
In feudal law. A eustom or tribute.
Inold Englishlaw. Kindred; cousinship. Also a writ that lay for the heir where the tresai/, 7. 2, the father of the besail, or great-grandfather, was seised of lands in fee at his
- Coseningdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Inold English law. An offense, mentioned in the oid books, where anything was done deceitfully, whether belonging to contracts or not, which could not be properly termed by any spe
- Cosheringdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Inold English law. A feudal prerogative or custom for lerds to lie and feast themselves at their tenants’ houses. Cowell.
Clean. Blount. miles, but differing in different parts. Wharton.
- Costdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
The cost of an article purchased for exportation is the price paid, with all incidentaul charges paid at the place of expertation. 2 Wash.C. C. 493, Cost price is that actually pai
A book in which a number of adventurers who have obtained permission to work a lode, and haye agreed to share the enterprise in certain proportions, enter the agreement, and from t
A joint promisor.
- Costsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A pecuniary allowance, made to the successful party, (and recoverable from the losing party,) for his expenses in prosecuting or defending a suit or a distinct proceeding within a
- Costs De Incrementodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Increased costs, costs of increase. Costs adjudged by the court in addition to those assessed by the jury. 13 How. 372. Those extra expenses incurred which do not appear on the fac
In Spanish law. tom; an unwritten law established by usage, during a long space of time, Las Partidas, pt. 1, tit. 2, 1. 4.
Joint sureties; two or More sureties to the same obligation.
Acotorhut, Blount.
In old English law. A_ cottage,
In old English law. A cottager, who held in free socage, and paida stated fine or rent in provisions or money, with some occasional personal services.
Anciently, a kind of peasantry who were outlaws; robbers, — Blount.
In feudallaw. A servile tenant, who held in mere villenage; his person, issue, and goods were disposable at the lord’s pleasure.
A fashionable association, or a knot of persons forming a particular circle, The origin of the term was purely commercial, signifying an association, in which each member furnished
Inoldrecords. A placa where there is no wood.
- Cotlanddefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Land held by a cottager, whether in socage or villenage. Cowell.
In old records. A éommon council man; a freeman called to a legislative hall or assembly. Cowell.
In old Englishlaw. The little seat or mansion belonging to a small farm.
- Cotsethlanddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The seat of a cottage with the land belonging toit. Spelman.
- Cotsetusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A cottager or cottage-holder who held by servile tenureand was bound to do the work of the lord. Cowell.
- Cottagedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In English law. A small dwelling-louse that has no land belonging to it. Shep. Touch. 94; 1 Strange, 405; 2 La. Raym. 1015; 15 Ad. & EL. (N. S.) 244.
A species of tenancy in Ireland, constituted by an agree ment in writing, and subject to the following terms: That the tenement consist of a year; the tenancy to be for not more th
Coat armor.
A tern; used in Domesday for peasants, boors, husbandmen.
- Couchantdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Lying down; squatting. Couchant and levant (lying down and rising up) is a term applied to animals trespassing on the land of one other than their owner, for one night or longer. 3
or COURCHER. A factor who continues abroad for tratlic, (37 Edw.
- Councildefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An assembly of persons for the purpose of concerting measures of state or municipal policy; hence called ‘“councillors.” In American law. The legislative body in the government of
By the Act 30 & 31 Vict. c. 105, power is given for the crown to grant licenses for the formition of councils of conciliation and arbitration, consisting of a certain number of mas
Under the English judicature act, 1873, § 75, an annual council of the judges of the supreme court is to be held, for the purpose of considering the operation of the new practice,
Acourt instituted by Henry VIII, in 1537, to addency of Stratford, the court showed great rigor, bordering, it is alleged, on harshness. It was abolished by 16 Car. I., the same ac
- Counseldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. An advocate, counsellor, or pleader. 3 Bl. Comm. 26; 1 Kent, Comm. 307. One who assists his client with advice, and pleads for him in open court. See COUNSELLOR. Couns
An advocate or barrister. A member of the legal profession whose special function is to give counsel or advice as to the legal aspects of judicial controversies, or their preparati
This is required, in some jurisdictions, to be affixed to pleadings, as affording the court a means of judging whether they are interposed in good faith and upon legal grounds.
- Countdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
2. In pleading. The different parts of a declaration, each of which, if it stoud alone, would constitute a ground for action, are the counts of the declaration, Used also to signif
(Fr. comte; from the Latin comes.) An earl.
This phrase does not mean the exumination of the account to ascertain the result or effect of it, but the proof by testimony of the correctness of the items composing it. 5 Daly, 6
These words have a technical sense in a count of the house of commons by the speaker,
In old English law. The most eminent dignity of a subject before the Conquest. He was prefectus or prepostius comitatus, and had the charge and custody of the county; but this auth
In old English law. Credit; estimation. Wharton.
- Counterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The name of two prisons formerly standing in London, but now demolished. They were the Poultry Counter aud Wood Street Counter.
- Counter-Affidavitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Anaffidavit made and presented in contradiction or oppo-
- Counter-Bonddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Inold practice. A bond of indemnity. 2 Leon. 90.
A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. A species of set-off or recoupment introduced by the codes of civil procedure in sev
A secret writing, either before a notary or under a private seal, whieh destroys, invalidates, or alters a public one.
- Counterfeitdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Ineriminallaw. To forge; to copy or imitate, without authority or right, and with a view to deceive or de fraud, by passing the copy or thing forged for that which is original or g
In criminal law. One who unlawfully makes base coin in imitation of the true metal, or forges false lawful and genuine, wilh an intention of deceiving and imposing upon mankind. 1
Coin not genuine, but resembling or apparently intended to resemble or pass for genuine coin, including genuine coin prepared or altered so as to resemble or pass for coin of a hig
- Counter-Letterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
A species of instrument of defeasance common in the civil law. It is executed by a party who has taken adeed of property, absolute on its face, but intended as security for a loan
A sign put upon goods already marked; also the several marks put upon goods belonging to several persons, to show that they must not be opened, but in the presence of all the owner
- Counterpartdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In conveyancing. The corresponding part of an instrument; a duplicate or copy. Where an instrument of conveyance, as a lease, is executed in parts, that is, by having several copie
In pleating. <A plea to some niatter incidental to the main ouject of the suil, and out of the direct line of pleadings, In the more ancient system of pleading, conuter-plea was ap
In English law. The rolls whieh sheriffs have wilh the coreners, containing particulars of their proceedings, as well of appeals as of inquests, etc. 3 Edw. I. c. 10.
- Counter-Securitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A security given to one who has entered into a bend or become surety for another; a countervailing bond of indemnity.
- Countersigndefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
‘The signature of a secretary or other subordinate officer to any wriling signed by the principal or superior to vouch for the uuthenticity of it.
A contrary and balancing equity; an equity or right opposed to that which is songht to be enforced or recognized, and which ought not to be sacrificed or subordinated to the latter
Fr. Count, or reckon. In old practice. A direction formerly given by the clerk of a court to the crier, after a jury was sworn, to number them; and which Blackstone says was given
Advocates, or serjeants at law, whom aman retains to defend his =e Hi eanse and speak fer him in court, for their fees. 1 Inst. 17.
Forty members form a house of commons; and, though there be ever so many at the beginning of a debate, yet, if during the course of it the house should be deserted by the members,
- Countrydefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The portion of the earth's surface occupied by an independent nation or people; or the inhabitants of such territory. In its primary meaning "country" signifies "place;" and, in a
- Countydefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The name given to the principal subdivisions of the kingdom of England and of most of the states of the Ameriand judicial purposes. The etymology of the word shows it to have been
A bridge of the larger class, erected by the county, and which the county is liable to keep in repair. 40 Iowa, 295.
- County Commissionersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Officers of a county charged with a variety of administrative and executive duties, but principally with the management of the financial affairs of the county, its police regulatio
- County Corporatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A city or town, With more or less territory annexed, having the privilege to be a county of itself, and not to be comprised in any other county; such as London, York, Bristol, Norw
A court of high antiquity in England, inctdent to the jurisdiction of the sheriff. It is not a court of record, but may hold pleas of debt or damages, under the value of forty shil
- County Palatinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A term bestowed upon certain counties in England, the lords of which in former times enjoyed especial privileges. They might pardon treasons, murders, ind felonies. All writs and i
In English law. An imposition levied on the occupiers of lands, and applied to many miscellaneous purposes, among which the most important are those of defraying the expenses conne
A county-seat or county-town is the chief town of a county, where the county buildings and courts ara located and the county business transacted.
Interest and dividend certificates; also those parts of a commercial instrument which are to be cut, and which are evidence of something connected with the contract mentioned in th
<An express messenger of haste.
What is custowarily or ordinarily done in the management of trade or business.
A term used in surveying, meaning the direction of a line with reference toa meridian. track, if such there be, which a ship takes in going frow one port to another, and the shorte
- Courtdefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A certain allowance of provision from the king to his knights and servants, who attended him on any military expedition.
In legisiation. A legislative assembly. Parliament is called in the old books a court of the king, nobility, and conmons assembled. Finch, Law, b. 4, e. 1, p. #30; Fleta, lib. 2, ¢
CONSISTORY. Ses Consisrory COURT. COURT FOR CONSIDERATION OF
In old English practice. The tenant in a real action, having once appeared, was considered as constructively present in court until again called upon. Hence if, upon being demanded
In English law. Officials derivmasters of the common-law courts, the queen’s coroner and attorney, the master of the crown oflice, the two record and writ clerks, and the three ass
- Court-Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. A court which, although not one of record, is incident to every manor, and cannot be severed therefrom. It was ordained for the maintenance of the services and duti
The ecclesiastical courts in England are often so called, as distinguished from the. civil courts. 1 Bl. Comm. 88; 3 Bl. Comin. 64; 3 Steph. Comm. 420.
Sea JURTESY.
- Court-Handdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English praetice. The peculiar hand in which the reeords of courts were written from the earliest period down to the reign of George il. Its characteristics were great stren
The building occupied for the public sessions of a court, with its various offices, The term may be used of a placa temporarily occupied for the sessions of a court, though not the
Fr. From time whereof memory runneth not; time out of memory of man. Litt. §§ 143, 145, 170.
- Court-Landsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Domains or lands kept in the lord’s hands to serve his family.
Thename ofan English court of record held once in the year, and not oftener, within a particular hundred, lordship, or manor, before the steward of tha leet; being the king’s court
- Court-Martialdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A military court, convened under authority of government and the articles of war, for trying and punishing military offenses committed by soldiers or suilors in the army or navy.
The most inferior of the English ecclesiastical eourts, from which an appeal generally lies to that of the bishop, 3 LI. Comm, 64,
See ARCHES Cour. COURTS OF ASSIZE AND NISI
- Court Of Attachmentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The lowest of the three courts held in the forests. Tt has fallen into total disuse.
- Court Of Augmentationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An English court created in the time of Henry
- Court Of Bankruptcydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An English court of record, having original and appellate jurisdiction in matters of bankruptcy, and invested with both legal and equitable powers for that purpose.
- Court Of Chancerydefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
An officer in England whose functions are to protect the suitors’ fund, and to administer, under the direction of the court, 80 much of it as now comes under the spending power of
- Court Of Chivalrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
or COURT