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 forest law. The manifest deprehension of an offender against yenison in a forest, when lie was found drawing after a deer by the scent of a hound led in his hand; or where a
In maritime law. A light ship or yessel; dogger-jish, fish brought in ships. Cowell.
Fishermen that belong to dogger-ships.
The Latin of illiterate persons; Latin words put together on the English grammatical system.
In the civil law. A word occasionally used as descriptive of an ordinance of the senate. See Noy. 2,1, 1; Dig. a, 1b.
The formal word by which serutces were reserved and expressed in old conveyances; as “rendering” (reddendo) was expressive of rent. Perk. c. 10, §§ 625, 635, 638.
A writ directed to those who had thrust a bailiwick or other office upon one in holy orders, charging them to release him, Reg. Orig. 143.
- Doledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A part or portion of a meadow is so called; and the word has the general signification of share, portion, or the like; as “to dole out” anything among 80 many poor persons, meaning
A writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under eolor of entitling the king to land, etc., as any benefit thereof, but to put
Sax. A wound. Spelman.
A recompense for a scar or wound. Cowell.
Lat. Capable of malice or criminal intention; having sulfficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the eriminal laws.
Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the exten
or DOTT. A _ base coin of mon saying, when we would undervalue a man, that he is not worth a doit. Jacob.
The unit employed in the Uniled States in calculating money values, It is coined both in gold and silver, and is of the value of one hundred cents.
In Spanish law. Bad or mischievous design. White, New Recop. b. 1, tits Ihee.d; 8 0. Dolo facit qui petit quod redditurus est. He acts with guile who demands that which he will hav
- Dolusdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In the civil law. Guile; deeeitfulness; malicious frand. <A fraudulent address or trick used to deceiye some one; afraud. Dig. 4, 3,1. Any subtle contriv- Such acts or omissions as
Fraud; deceit with an evilintention, Distinguished from dolus bonus, justifiable or allowable deceit. Calvin.; Broom, Max. 349; Mackeld. Rom. Law, § 179. Misconduct. Magna negligen
- Domaindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The complete and absolute ownership of land; a paramount and individual right of property in land. Also the real estate so owned. The inherent sovereign power claimed by the legisl
DOMBOC. (Sax. From dom, judgment, and bec, boc, a book.) Domebook or doom-book. A name given among the Saxons to a code of laws. Several of the Saxon kings published domboes, but t
- Domedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
(Sax.) Doom; sentence; judgment. An oath. The homager’s oath in the black book of Hereford. Blount.
DCMESDAY - BOOK. if (Sax.) An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal size, conta
- Domesmendefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
(Sax.) An inferior king in matters in controversy. Cowell. Snitors inacourt of a manor in ancient demesne, who are judges there. Blount; Whishaw; Termes de la Ley.
- Domesticdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
Domestics, or, in full, domestic servants, are servants who reside in the same house with the master they serve. The term does not extend to workmen or laborers employed out of doo
adj. Pertaining, belonging, or relating toa home, a domicile, or to the place of birth, origin, creation, or transaction. See the following titles.
One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator.
Horses are embraced within this description. 2 Allen, 209. But dogs are not. 75 Me. 562.
- Domestic Attachmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
A species of attachment against resident debtors who absent or conceal themselves, as foreign attachment (q. v.) is against non-residents. 20 Pa. St. 144,
A bill of exchange drawn on a person residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the residenc
Commerce carried on wholly within the limits of the United States, as distinguished from foreign commerce. Also, commerce carried on within the limits of a single state, as disting
Such as were created by the laws of the same state wherein they transact business.
One who resides and does business in the same state or country with his principal.
A judgment or decree is domestie in the courts of the same state or country where it was originally rendered; in other states or countries it is called foreign.
This term in a state statute is used, generally, of manufactures within its jurisdiction. 64 Pa. St. 100.
In old European law. A seneschal, steward, or major domo; a judge’s assistant; an assessor, (g. 0.) Spelman.
In old English law. A damsel. Fleta, lib, 1, ¢. 20, 8 80.
In old English law. A hetter sort of servant in monasteries; alsoan appellation of a king’s bastard.
That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a perman
Established in a given domicile; belonging to a given state or jurisdiction by right of domicile.
The home ofthe parents. Phillim. Dom. 25,101. That which arises from a man’s birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed
Pertaining to domicile; relating toone’s domicile. Existing or created at, or connected with, the domicile of a suitor or of a decedent.
To establish one’s domicile; to take up one’s fixed residence in a given place. To establish the domicile of another person whose legal residence follows one’s own.
Domicile, (9. v.}
In old English law, Power over another; also danger. Bract. 1. 4, t. 1, ¢ 10,
(DAME.) A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell.
Thetenement whose owner, a8 such, enjoys an easement over an adjoining tenement is called the “dominant tenement;” while that which is subject to the easement is called the “servie
In old English law. Lordship.
That which denotes the Lord’s day, or Sunday.
(Dominica tn ramis palmarum.) L. Lat. Palm Sunday. Townsh.Pl. 131; Cowell; Blount,
The act of killing one’s lord er master,
- Dominicumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Domain; demain; demesne. A lordship, That of which one has the lordship or ownership. That which remains under the lord's immediate charge and control. Spelman. Property; doma
Ownership, or right to property. 2 Bl. Comm. 1. “The holder has the dominion of the bill.” 8 East, 579. Sovereignty or lordship; as the dominion of the seas. Moll. de Jure Mar. 91,
In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; the Fight of a landlord. Tay]. Civii Law
The complete and absolute dominion in property; the union of the title and the exclusive use. 7? Cranch, 603. -
Eminent domnain. SS Dominium non potest esse in pendenti. Lordship cannot be in suspense, @.é., property cannot remain in abeyance. Halk. Law Max. 39.
Full ownership; the union of the dominium direcium with the dominium utile, Tayl. Civil Law, 478.
In the civil law. Equitable or pratorian ownership; Se that which was founded on equity. Mackeld. Rom. Law, § 827, note, In later law. Use without property; the right of atenant. T
Lat. The own- ee er being willing; with the consent of the owner.
- Dominusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In feudal and ecclesiastical law. A lord, or feudal superior. Dominus rew, the lord the king; the king's titie as lord paramount. 1 BI. Comm. 367. Dominus capitalis, a chief lord.
Lat. The master of the suit; ¢. e., the person who was really and directly interested in the suit as a party, as distinguished from his attorney or advocate. But the term is also a
- Dominus Navisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the civil law. The owner of a vessel. Dig. 39, 4, 11, 2. Dominus non maritabit pupillum nisi semel. Co, Litt. 9. A lord cannot give a ward in marriage but once. Dominus rex null
In French law. Damages.
- Domo Reparandadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
A writ that lay for one against his neighbor, by the anticipated fall of whose house he feared a damage and injury to his own. Reg. Orig. 153.
An abbreviation of Dohouse of lords in England. Sometimes expressed by the letters D. P.
- Domusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. In the civil and old En. glish law. A house or dwelling; a habitation. Inst. 4,4,8; Townsh, Pl. 183-185,
In old records. A chapter-house; the chapber-house. Dyer, 268.
An ancient house built or appointed by King Henry
The house of God; a name applied to many hospitals and religions. houses.
Tha house of lords, abbreviated into Dom. Pyoc., or D. P. vis safest refuge. 5 Coke, 916; 11 Coke, 82; 3 Inst. 162. The house of every one is to him as his castle and fortress, as
<Adonce; oneto whom something is given.
- Donatiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and poss
A gift between the living. The ordinary kind of gift by one person to another. 2 Kent, Comm. 438; 2 Steph. Comm. 102. A term derived from the civil law. Inst, 2, 7, 2. A donation i
(Lat, A gift in prospect of death.) <A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another the possession of
- Donationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In ecclesiastical law. A mode of acquiring a benelice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81. In general. <A gift. See Donatio.
A gift on accountof marriage. In Roman law, the bridegroom’s gift to the bride in anticipation of marriage and to secure her dos was called “donatio ante nuptias;” but by an ordina
- Donative Advowsondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiasticallaw. A species of advowson, where the benefice is conferred on the clerk by the patron’s deed of donation, without presentation, institution, or induction. 2 Bi, C
A donor; one who makesa gift, (donatio.) Donator nunquam desinit possidera, antequam donatorius incipiat possidere.
A donee; a person to whom a gift is made; a purchaser. Bract. fol. 13, et seq.
The person on whom the king bestows his right to any forfeiture that has fallen to the crown.
- Donedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Distinguished from “made.” “A «deed made’ may no doubt mean an ‘instrument made;’ but a ‘deed done’ is not an ‘instrument done,’—it is an ‘act done; and therefore these words, ‘mad
A fine upon acknowledgof the right of the cognizee as that he hath of the gift of the cognizor. is the deforciant acknowledged in court mer foeffment or gift in possession to eheen
- Doneedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In old English law. He to whom lands were given; the party to whom a donatio was made. In later law. He to whom lands or tenements are given in tail. Litt. § 57. In modern and Amer
In French law. Guarantor of negotiable paper other than by indorsement.
- Donordefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
fn old English law. He by whom lands were given to another; the party making a donatio. In later law. Ue who gives lands or tenements to anotherin tail. Litt. § 57; Termes de la Le
- Donumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lat. In the civil law. A gift; a free gift. Calvin. Distinguished from munus. Dig. 50, 16, 194.
- Doomdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In Scotch law. Judicial sentenes, or judgment. The decision or sentence of a court orally pronounced by an officer called a “dempster” or “deemster.” In modern usage, criminal sent
See Domespar- Book.
The place of-usual entrance ina house, or into a room in the house.
One which fs in abeyance.
One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, or until a junior execution is received,
One which has not been satisfied, nor extinguished by lapse of time, but which has remained s0 long unexecuted that execution cannot now be issued upon it without first reviving th
Those whose names are not known or do not appear ag partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely t
Lat. The back. In dorse recordi, on the back of the record, 5 Coke, 446,
(Contracted from dormiture.) A dormitory of a convent; a place to sleep in.
- Dosdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Roman law. Dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife herself or by another to the husband with a view of diininishing the
A _ reasonable marriage portion, <A reasonable part of her husband's estate, to which every widow is entitled, of lands of which her husband may have endowed her on the day of marr
- Dotdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
(A French word, adopted in Louisiana.) The fortune, portion, or dowry which a woman brings to her husband by the marriage. 6 Mart. (N. 8.) 460.
- Dotagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Dotage is that feebleness of the mental faculties which proceeds from old age, Itisadiminution or decay of that intellectual power which was once possessed. It is the slow approach
Relating to the dos or portion of a woman; constituting her portion; comprised in her portion.
- Dotalitiumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In canon and feudal law. Dower. Spelman, voc. “Doarium;” Calvin. 2 Bl. Comm. 129. Used as early as A. D. 841.