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 old criminal law. The crime of burning, which included not only the modern crime of arson, (or burning of a house,) butalso the burning of aman, beast, or other chattel. Britt.
In criminal law. The crime of lese-majesty, or injuring majesty or royalty; high treason, The term was used by the older English lawwriters to denote any crime affecting the King’s
The offense of rape.
The offense of robbery. Crimen trahit personam. The crime carries the person, (2. ¢., the commission of a crime gives the courts of the place where it is committed jurisdiction ove
- Criminaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
That which pertains to or is connected with the law of crimes, or the administration of penal justice, or which relates to or has the character of crime. Also a person who has comm
<A term which is equivalent to crime; or is sometimes used with a slight softening or glossing of the meaning, or as importing a possible question of the legal guilt of the deed.
The proceeding by which a party charged with a public offense is accused and bronght fo trial and punishment is known as 3 “criminal action.” Pen. Code Cal. § 688. A criminal actio
- Criminal Informationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A criminal suit brought, without interposition of a grand jury, by the proper officer of the king or state. Cole, Crim. Inf.; 4 Bl. Comm, 398.
- Criminal Intentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The intent to commit a crime; malice, as evidenced bya criminal act.
- Criminaliterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Criminally. This term is used, in distinction or opposition to the word “eivéliter,” civilly, to distinguish a criminal liability or prosecution from a civil one.
A libel which is punisbable criminally; one which tends to excite a breach of the peace.
- Criminal Proceduredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The method pointed out by law for the appreliension, trial, or prosecution, and fixing the punishment, of those persons who have broken or violated, or are supposed to have oroken
Process which issues to compel a person to answer for a erime or misdemeanor, 1 Stew. (Ala.) 27.
Anaction or proceeding instituted in a proper court on behalf of the public, for the purpose of securing the conviction and punishment of one accused of crime.
To charge one with erime; to furnish ground for a criminal presecution; to expose a person to a criminal charge, A witness cannot be compelled to answer any question which has a te
One who decoys and plunders sailors under cover of harboring them. Wharton.
CROO. In old Scotch law. A weregild, A composition, satisfaction, or assythment for the slaughter of a man.
The crosier, or pastoral staff.
A cross-bearer, who went before the prelate. Wharton.
CROCARDS. A foreign eoin of base metal, prohibited by statute 27 Edw. I. St. 3, from being brought into the realm. 4 Bi. Comm. 98; Crabb, Eng. Law, 176.
- Croftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A little close adjoining a dwelling-house, and inclosed for pasture and tillage or any particular use. Jacob. A small place fenced off in which to keep farm-cattle, Spelman. The wo
Pilgrims; so called as wearing the sign of the cross on their upper garments. Britt. c. 122. The knights of the order of St. John of Jerusalem, created for the defense of the pilgr
- Cropperdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One who, having no interest in the land, works it in consideration of receiving 2 portion of the crop for his labor. 2 Rawle, 11. The difference between a tenant and a cropper is:
- Cross-Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An action brought by one who is defendant in a suit against the party who is plaintiff in such suit, upon a cause of action growing out of the same transaction which is there in co
- Cross-Appealdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Where both parties to a judgment appeal therefrom, the appeal of cach is called a “cross-appeal” as regards that of the other. 3 Steph. Comm. 581.
- Cross-Billdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
Inequity practice, One which is brought by a defendant in a suit against a plaintiff in or against other defendants in the same suit, or against both, touching the matters in quest
Where a person against whom a demand is made by another, in his turn makes 2 demand against that other, these mutual demands are called “crossdemands.” <A set-off is a familiar exa
A check crossed with two lines, between whicl are either the name of a bank or the words “and company,” in full or abbreviated. In the former case, ee the banker on whom it is draw
- Cross-Errorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Errors being assigned by the res)ondent in a writ of error, the errors assigned on both sides are called “crosaerrors,”
- Cross-Examinationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. The examination of a witness upon a trial or hearing, or upon taking a deposition, by the party opposed to the one who produced him, upon his evidence given in chief,
- Cross-Remainderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such ‘persons in severalty, with such limitati
' These wererules where each of the opposite litigants obtained a rule nisi, a3 the plaintiff to increase the damages, eT and the defendant to entera nonsuit, Wharton.
The sovereign power in a monarehy, especially in relation to the punishment of crimes. “Felony is an offense of the crown.” Finch, Law, b. 1, ¢. 16. f An ornamental badge of regal
In Enslish law, Criminal prosecutions on behalf of the crown, as representing the public; causes in the eriminal courts.
- Crown Cases Reserveddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A court established by St. 11 & 12 Vict. c. 78, composed of such of the judges of the superior courts of Westminster as were able to attend, for the zonsideration of questions of l
In English law. Questions of law arising in criminwl trials at theassizes, (otherwise than by way of demurrer,) and not decided there, but reserved for the consideration of the cou
In English law. The court in which the crown cases, or criminal business, of the assizes is transacted.
In English law. Debts due to the trown, which are put, by various statutes, upon a different footing froin those due to a subject.
In old Seotch law. Coroner; a coroner.
The demesne lands of the crown,
- Crown Lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Criminal law in England is sometimes so termed, the crown be ing always the prosecutor in criminal proceedings. 4 Bl. Comm. 2.
- Crown Officedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The criminal side of the court of king’s bench. The king’s attorney in this court is called “master of the crown office.” 4 1. Comm. 308.. CROWN OFFICE IN CHANCERY. One of the offi
A paper containing the list of criminal cases which await the hearing or decision of the court, and particularly of the court of queen’s bench; and it then includes all cases arisi
- Crown Sidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The criminal departnent of the court of queen’s bench; the civil department or branch being called the “plea side.” 4 BI. Counm. 265.
- Crown Solicitordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In England, the solicitor to the treasury acts, in state prosecutions, as solicitor for the crown in preparing the prosecution. In Ireland there are officers called "crown solicito
- Cruce Signatidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Inold English law. Signed or marked with a cross. Pilgrims to the holy land, or crusaders; so called because they wore the sign of the cross upon their garments. Spelman.
The intentional and malicions iniliction of physical suffering upon living creatures, particularly human beings; or, a8 applied to the latter, the wanton, malielous, and unnecessar
- Cruisedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
<A voyage undertaken for a given purpose; a voyage for the purpose of making captures jure belli. 2 Gall. 538. A voyage or expedition in quest of vessels or fleets of the enemy whi
To eall out aloud; to proclaim; to publish; tosellatauction. “Toerya tract of land.” 1 Wash. (Va.) 335, (260.)
or CRI DE PAIS. The hue and ery raised by the people in ancient times, where a felony had been committed and the constable was absent.
- Cryerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Anauctivneer. 1 Wash. (Va.) 337, (262.) One whocalls outaloud; one who publishes or proclaims. See Crier,
A chapel or oratory underground, or under a church or cathedral. Du Cange.
An abbreviation for cum testa mento annexo, in describing a species of ad- Ministration.
In the civil and comlaw. An action for a thing; an acion for the recovery of a thing possessed by another. Inst. 4, 6, 1. An action for the enforcement of a right (or for redress f
An abbreviation for “jurisconsulius,” one learned in the law; a jurisconsult. I. F. An abbreviation for “id est,” that is; that is to say.
CLERK OF THE HOUSE OF COM-
- Cucking-Stooldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
An engine of correction for common scolds, which in the Saxon Janguage is said to signify the scoldingstool, though now it is frequently corrupted into ducking-stool, because the j
A term of French maritimelaw. See A CUEILLETTE.
(To whom before divorce.) A writ for a woman divorced from her husband to recover her lands and tenements which she "ad in fee-simple or in tail, or for life, from nim to whom her
For whose good; for whose use or benelit. “Czuéi bono is ever of great Mi 10 Mod. 135. Sometimes translated, for whiat good, for what useful purpose. Cuicunqwe aliquis quid concedi
In old records. The laying up aship in a dock, in order to be repaired. Cowell; Blount.
(Fr. the bottom of a
- Culpadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A term of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpa,—iata eulpa, gross fault or neglect; levis culpa, ordinary fault or neglect; leviss
Lat. In old English law. Guilty. Culpabilis de intrusione,—guilty of intrusion. Fleta, lib. 4, c. 380, § 11.
Means not only criminal, but censurable; and, when the term is applied to the omission by a person to preserve the means of enforcing his own rights, censurable ig more nearly an e
Described as a crime Varying from the very lowest culpability, up to the very yerge of murder. Lord Moncrieff, Arkley, 72. Culpe pona par csto. Poona ad mensuram delicti statuenda
In old Scotch law, A species of pledge or cautioner, (Scottieé, back borgh, ) used in cases of the replevin of persons from one man’s court to ancother’s, Skene,
A parcel of arable land, Blount.
Inold Englishlaw. A base kindofslavery. The confiscation or forfeiture which takes place when a lord seizes his tenant’s estate. Blount; Du Cange. Cum actio fuerit mere criminalis,
(With a grain of saif.} With allowance for exaggeration. Cum in corpore dissentitur, apparet. nullam esse acceptionem. When there is a disagreement in the substance, it appears tha
With the burden; subject to an incumbrance or charge. Whit is taken cum onere is taken subject to an existing burden or charge. Cum par delictum est duorum, semper oneratur petitor
With satchel and purse. A phrase in old Scotch law.
With the appurtenances. Bract. fol. 73d.
Theexpression of the monopoly of Oxford, Cambridge, and the royal printers to publish the Bible. Cum quod ago non valet ut ago, eifect as I do it, it shall have as much effect as i
L Lat. Withthe willannexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, o
These are legacies so called todistinguish them from legacies which are merely repeated. In the construction of testamentary instruments, the question often arises whether, where a
- Cumulative Remedydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Aremedy created by statute in addition to one which still remains in force, a CUMULATIVE SENTENCHS. Separate sentences (each additional to the others) imposed upon adefendant who h
In Spanish law. Affinity; alliance; relation by marriage. Las Partidas, pt. 4, tit. 6, 1. 5.
A coiner. Du Cange. Cuneare, to coin. Cuneus, the die with which tocoin. Cuneata, coined. Du Cange; Spelman.
A writ which lay for the arrest of one who had taken the king’s money to serve in the war, and hid himself teescape going. Leg, Orig. 240.
T. Anewandcomplete law dictionary or general abridgment of the law. Sd Edn. 2 vols. 4to. London, 1783.
In old English law. <A kind of trial, as appears from Bract. lib. 4, tract 3, ca. 18, and tract 4, ca. 2, where it seems to mean, one by the ordinary jury.
- Curadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Care; charge; oversight; guardianship. In the civil law. A species of guardianship which commenced at the age of puberty, (when the guardianship called “tutela” expired, ) and
One who takes cure of a thing.
In French law. A person charged with supervising the administration of the affairs of an emancipated minor, of giving him advice, and assisting him in the important acts of such ad
- Curatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In the civil law. A pers0n who is appointed to take care of anything for another. A guardian. One appointed to take care of the estate of a minor above a certain age, a lunatic, a
- Curator Ad Hocdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Stimson (1881)Burrill (1850)
Inthe civillaw. A guardian for this purpose; a special guardian.
Guardian for the suit. In English Jaw, the corresponding phrase is “guardian ad litem.”
In the civil law. A guardian or trustee appointed to take care of property in certain cases; as for the benefit of creditors. Dig. 42, 7. In Scotch law. The term is applied to guar
Surveyors of the highways.
- Curatorshipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The office of a curator. Curatorship differs from tutorship, (q.v.,) in this; that the latter is instituted for the protection of property in the first place, and, secondly, of the
- Curatrixdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A woman who has been appointed to the office of curator; a female guardian. 4 Grat. 227. Curatus non habet titulum. A curate hag no title, [to tithes.] 3 Bulst. 310.
See Arprer By
- Curiadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In old European law. A court. The palace, household, or retinue of a sovereign. A judicial tribunal or court held in the sovereign's palace. A court of justice. The civil power, as
Thecourt of admiralty.
Lat. The court will advise; the court will consider. A phrase frequently found in the reports, signifying the resolution of the court to suspend judgment in a cause, after the argu
or BARONUM. In old English law. Acourt-baron. Fleta, iib.2, c. 33. Curia cancellarise officina justitie. 2 Inst. 552. The court of chancery is the workshop of justice.
The ecclesiastical court.
Courta of Christianity; ecclesiastical courts.
- Curia Claudendadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The name of a writ to compel another to make a fence or wall, which he was bound to make, between