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 Seotch law. An atiorney, Skene.
Lat. A female actor; a female plaintiff. Calvin Acts indicate the intention. § Co. 1468; Broom, Max. 301
Legal memoranda mide in the admiralty courts in England, in the nature of pleas.
- Acts Of Sederuntdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Scotch law. Ordinances for regulating the forms of proceeding, befcre the court of session, in the administration of justice, made by the judges, who have the power by virtue of
Real; substantial; existing presently in act, having a valid objective existenca, as opposed to that which is merely theoretical or possible. Something real, in opposition to const
In insurance. The stm of money the insured gouds would have brought for cash, at the market price, at the time when and place where they were destroyed by fre. 4 Fed. Rep. 59.
The actual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. 2 Story, 422, 429; 2 Mas, 48; 9 Gray, 226.
Real, substanhis actua! and real loss or damage; opposed to “nominal damages,” which is a trifling sum awarded as a matter of course, and nob in compensation, but merely in recogni
In the law of sales, actual delivery consists in the giving real possession of the thing sold to the vendee or his servants or special agents who are identified with him in law and
A notice expressly and actually given, and brought home to the party directly, in distinction from one in- J ferred or imputed by the law on account of the existence of means of kn
An open, visible occupancy as distinguished from the K constructive one which follows the legal title.
By “actual ouster” is not meant a physical eviction, buta possession attended with such circumstances L ag to evince a claim of exclusive right and title, and a denial of the right
Lands are “actually sold” xt a tax sale, so as to entitle the treasurer to the statutory fees, when the sale ig completed; when he has collected from the purchaser the amount of th
In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive destruction, by injuries which leave it no longer existing in specie
In Roman law, A no tary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts.
- Actuarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English ecclesiastical law. <A clerk that registers the acts and constitutions of the lower house of convocation; or a registrar in « court christian. Also an officer appointed
- Actumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A deed; something done.
- Actusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the civil law. A species of right of way, consisting in the right of driving cattle, or a carriage, over the land to the subject of the servitude. Inst. 2, 3, pr. It is sometime
In French law, In relation to the contract of affreightment, signifies when the cargo is taken on condition that the master succeeds in completing his cargo from other sources. Arg
To another tribunal; belonging to another court, cognizaice, Or jurisdiction.
At another day. A common phrase in the old reports, Yearb. P. 7 Hen. VI. 13.
To take assises; to take or hold the assises. Bract. fol. 110@; 3 Bl. Comm. 185. Ad assisam capiendam; to take an assise. Bract. fol. 1100. AD AUDIENDUM ET TERMINAN-
L. Lat. From the date. 2 Salk, 413. «A die datiis, from the day of the date. Id,; 2 Crabb, Real Prop. p. 248, § 1801; 1 Ld. Raym. 84, 480; 2 Ld. Raym. 1242, 4 dato, from the date.
Corrupted from Adalat, justice, equity; acourtof justice. Theterms “Dewanny Adawlut” and “Foujdarry Adawlut” denote the civil and criminal courts of justice in India. Wharton.
To the bar; at the bar. 3 How. State Tr. 112.
Fora share of the field or land, for champert. Fleta, lib. 2, c. 36, § 4.
Adapted to the common understanding. AD COLLIGENDUM BONA DE-
- Ad Communem Legemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
At common law. The name of a writ of entry (now obsolete) brought by the reversioners after the death of the life tenant, for the recovery of lands wrongfully alienated by him.
- Ad Comparendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Toappear. Ad comparendum, et ad standum jurt, to appear and to stand to the law, or abide the judgment of the court. Cro. Jac, 67.
To render an account. St. Westm. 2, ec. 11.
Money paid by a vassal to his lord upon the selling or exchanging of a feud. Ene. Lond.
Atacourt. I Salk. 195. To court. Ad curiam vecere, to summon ta court.
At the costs. Toullier; Cowell; Whishaw.
Inpleading. “To the dainage.” The technical name of that clause of the writ or declaration which contains a statement of the plaintiff’s money loss, or the damages which he claims.
Todefend. 1 Bl. Comm, 227.
At a day; at the day. Townsh. P), 23. Ad certum diem, at a certain day. 2 Strange, 747. Solvit ad diem; he paid at or on the day. 1 Chit. Pl. 485. Ad ea que frequentius accidunt ju
This term embraces the idea of joining or uniting one thing to another, so as thereby to form one aggregate. Thus, “additional security” imports a security, which, united with or j
In the law of contracts. Additional terms or propositions to be added to a former agreement.
Addonne. L. Fr. Givento. Kelham.
- Addressdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
That part of a bill in equity wherein is given the appropriate and technieal description of the court in which the bill is filed. The word is sometimes used as descriptive of a for
“The word ‘adduced’ is broader in its signification than the word ‘offered,’ and, looking to the whole state ment in relation to the evidence below, we think if sufficiently appear
- Adeemdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To take away, recall, or re voke. To satisfy a legacy by some gift or substituted disposition, made by the testator, in advance. See ADEMPTION.
Tothe effect, or end, Co. Litt. 204@; 2 Crabb, Real Prop. p. 802, § 2143. Ad effeetum sequentem, to the effect following. 2Salk. 417.
In Spanish law. A wovernor of 4 province; a president or president judge; a judge having jurisdiction over a kingdom, or over certain provinces only. So called from having authorit
Lat. In the civil law. A revocation of alegacy; anademption. Inst. 2, 21, pr. Where it was expressly transferred from one person to another, it was called translatio, Id. 2, 21, 1;
- Ademptiondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The revocation, recalling, or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts
Lat. So, as. Adeo plene et integre, as fully and entirely. 10 Coke, 65. “ADEQUATE CAUSE.” In eriminal law. Adequate cause for the passion which reduces a homicide committed under i
One which is equal, or reasonably proportioned,
In thecivillaw. Tobe pres. ent; the opposite of abesse. Calvin.
For exchange; for compensation. Bract. fol. 126, 378.
To the disherison, or disinheriting; to the injury of the inheritance. lract. fol. lia; $8 Bi. Comm. 288 Formal words in the old writs of waste.
At issue; at the end (of the pleadings.) Steph. Pl. 24.
To do. Co. Litt. 204a. Ad faciendum, subjiciendum et recipiendum, to do, submit to, and receive, Ad fauciendam juratam iliam,; to make up that jury. Fleta, lib, 2, c. 65, § 12.
In Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this sind cannot claim the benefit of the act of
To fee farm. Fleta, lib. 2, ¢. 50, § 80.
Inthe civil law The welding together of iron; a species of adjunctio, {q.¥.) Called also ferruminatio, Mackelid. Rom. Law, § 276; Dig. 6, 1, 23, 5.
- Ad Fidemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In allegiance. 2 Kent, Comm. 56. Subjects born ad jidem are those born in allegiance.
To the thread of the water; to the central line, or middle of the stream. Usgque ad filum aque, as far as the thread of the stream. Bract. fol. 2086; 235a. A phrase of frequent occ
Tothe middle of the way; tothe central lineof the road. 8 Mete. (Mass.) 260.
Abbreviated ad jin. To the end. It is used in citations to books, as a direction to read from the place designated to the end of the chapter, section, etc. Ad finem litis, atthe en
- Ad Firmamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Tofarm. Derived from an old Saxon word denoting rent. Ad Jirmam noctis was a fine or penalty equal in amount to the estimated cost of entertaining the king for one night. Cowell. A
- Ad Gaolas Deliberandasdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
To deliver the gaols; toempty the gaols. Dract. fol. 1096. Ad gaolam deliberandam, to deliver fhe gaol; to make gaol delivery. Bract. fol. 1108.
Tothe grievance, injury, or oppression. Feta, lib, 2, c. 47, § 10.
Joining, leagued with, cleaving to; as, “adhering to the enemies of the Uniled States.” Rebels, being citizens, are not “enemies,” within the meaning of the constitution; hence a c
In the civil law. To apply; to employ; to exercise; to use. Adhibere diligentiam, to use care. Adhibere vim, to employ force.
To the person. A term used in logic with reference to a personal argument.
One vested in the complainant, to which he may at all times resort at his own option, fully and freely, without let or hindrance. 54 Conn. 249.
At this day. 1 Leon. 90,
A term usedint’. ‘aws of Holland for the application of property by an executor. Wharton.
To the same point, or effect. Ad idem facit, it makes to or goes to establish the same point. Bract. fol. 278.
Fr. Without day. A com. mon term in the Year Books, implying final dismissal from court,
In the civil law. Adjunction; a species ot aecessio, whereby two things belonging to different proprietors are brought into firm connection with each other; such as interweaving, (
Inthe Roman law. The Addilitian Edict; an edict providing remedies for frauds in sales, the execution of which belonged to the curule zdiles. Dig. 21,1. See Cod. 4, 58.
Thereunto. Ad inde requisitus, thereunto required. Townsh. Vl. 22,
Without limit; to an infinite extent; indefinitely.
To inquire; a writ of inquiry; a judicial writ, commanding inquiry to be made of any thing relating to a cause pending in court. Cowell.
At the instance. Ti. Inthe meantime. An im. ip one appointed to fill a ey, or to discharge the duduring the absence or temy of its regular incumbent.
- Adiratusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lost; strayed; a prica or value set upon things stolen or lost, as a reeompense to the owner. Cowell.
- Aditdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In mining law. A lateral entrance or passage into a mine; the opening by which a mine is entered, or by which water and ores are carried away; a horizontal excavation in and along
- Aditusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
An approach; a way; a pol licway. Co. Litt. 56a.
- Adjacentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lying near or close to; contiguous, The difference between adjacent and adjoining seems to be that the forwhile adjoining imports that they so joined or united to each other that n
- Adjoiningdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The word “adjoining,” in its etymological sense, means touching or contiguous, as distinguished from lying near to or adjacent. And the same meaning has been given to it when used
<A term applied in Scotch law and practice to the records of the criminal courts. The original records of criminal triala were called “bukis of adiornale,” or “hooks of adjournal,”
Lat. It is adjourned. A word with which the old reports yery frequentiy conclude a case. 1 Lad. Ruym. 602; 1 Show. 7; 1 Leon, 88.
A summnmens taken out in the chambers of a judge, and afterwards taken into court to be argued by counsel. term. 4 Ohio St. 473. Distinguished from an “additional term,” which is a
- Adjournmentdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A puiting off or postponing of business or of a session until another time or place; the act of a court, legislative body, public meeting, or officer, by which the session or assem
A further day appointed by the judges at the regular sittings at #¢st préus to try issues of fact not then ready for trial.
In English practice. A day appointed some days before the end of the term at which matters left undone on the aflirmance day are finished. 2 Tidd, Pr. 1176.
The appointment of a day when the justices in eyre mean to sit again. Cowell; Spelman.
To pass upon judicially; to decide, settle, or decree; to sentence or condemn.
- Adjudicatairedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Canadian law. A purchaser at a sheriff's sale. See l Low. Can. 241; 10 Low. Can, 325,
To settle in the exercise of judicial anthority. To determine finaliy. Synonymous with @djudge in its strictest Bense.
In the civillaw. An adjudication, Ths judgment of the court that the subject-matter is the property of one of the litigants; confirmation of title by judgment. Mackeld. Hom. Law, §
- Adjudicationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The giving or pronouncing a judgment or decree in a cause; also the judgment given. The term is principally used in bankruptcy proceedings, the adjudication being the order which d
Additional judges sometimes appointed in the English high court of delegates. See Shelf. Lun. 310.
An Becessory or appurtenance.
To bring to proper relutions; to settle; to determine and apportion an amount due,
- Adjustmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In the law of insurance, the adjustment of a loss is the ascertainment of its amount and the ratable distribution of if among those liable to pay it; the settling and ascertaining
In Welsh law. A pro prictor who, for some cause, entered the service of another proprietor, and left him after the expiration of a year andaday. He was liable to the payment of 30
To purge one’s self of a crime by oath.