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
For the suit; for the purposes of the suit; pending the suit. A guardian ad litem is a guardian appointed to prosecute or defend a suit on behalf of a party incapacitated by infanc
For greater security. 2 How. State Tr. 1182.
<A person who swore by laying his hands on the book.
At hand; ready for use. Et querens sectam habeat ad manwum,; and the plaintiff immediately have his suit ready. Fleta, lib. 2, ¢. 44, § 2. AD MEDIUM FILUM aQUZ. To the middle threa
Ascertainment by measure; measuring out; assignment or apportionment by measure, that is, by fixed quantity or value, by certain limits, or in definite and fixed proportions,
WRIT OF. It lay agninst persons who usurped more than their share, in the two following cases: Admeasurement of dower, where the widow held from the heir more land, etc., as dower,
- Admeasurement Of Dowerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In practice. A remedy which lay for the heir on reaching his majority to rectify an assignment of dower made during his minority, by which the doweress had received more than she w
- Admeasurement Of Pasturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English law. A writ which liea between those that have common of pasture appendant, or by vicinage, in cases where any one or more of them surcharges the common with more cattle
In old Italian law. Persons chosen by the consent of contending parties, to decide questions between them. Literally, mediators. Spelman.
- Adminicledefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Scotch law. An aid or support to something else. <A collateral deed or writing, referring to another which has been lost, and which it is in general necessary to produce before
- Adminiculardefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
(From adminicutum, q. v.) Auxiliary to. “The murder would be adminicular to the robbery,” (é. committed to accomplish it.) 38 Mason, 121.
In ecclesiastical law. Auxiliary or supplementary evidence; sucii as is presented for the purpose of explaining and completing other evidence.
To give adminicular evidence.
An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman.
An adminicle; a prop or support; an accessory thing. An aid or support to something else, whether a right or the evidence of one. It is principally used to designate evidence adduc
To discharge the duties of an oflice; to take charge of business; to manage affairs; to serve in the conduct of affairs, in the application of things to their uses; to settle and d
The management and settlement of the estate of an intestate, or of a testator who has no executor, performed under the supervision of a court, by a person duly qualified and legall
- Administration Suitdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
In English practice. A suit brought in chancery, by any one interested, for administration of a decedent’s estate, when there is doubt as to its solvency. Stimson.
That branch of public law which deals with the various organs of the sovereign power considered as in motion, and prescribes in detail the manner of their activity, being concerned
- Administratordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
in the most usual sense of the word, is a person to whom letters of administration, that is, an authority to administer the estate of a deceased person, have been granted by the pr
In the civil law. A manager or conductor of affairs, especially the affairs of another, in his name or behalf, A manager of public affairs in behalf of others. Calvin. A public off
A female who administers, or to whom letters of administration have been granted.
In European law. An officer who presided over the admiralitas, or collegium admiralitatis. Locc. de Jur. Mar. lib. 2, c. 2, § 5. In English law. A high officer or magistrate that h
Lat. Admiralty; the admiralty, or court of admiralty. In European law. An association of private armed vessels for mutual protection and defense against pirates and enemies.
- Admiraltydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating
An objection to the admissibility of evidence in any cause can only be properly founded on the hypothesis that such testimony violates the law of evidencsin this: that the law proh
Proper to be received. As applied to evidence, the term means that it is of such a character that the court or judze is bound to receive it; that is, allow it to be introduced.
- Admissiondefined inCase LawU.S. CodeBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Inevidence. <A voluntary acknowledgment, confession, or concession of the existence of a fact or the truth of an allegation made bya party to the suit. In pleading. The concession
In European law. Anusher. Spelman.
To allow, receive, or take; to suffer one to enter; to give possession; to li-
- Admittancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Englishlaw. The act of giving possession of a copyhold estate. It is of threes kinds: (1) Upon a voluntary grant by the lerd, where the land has escheated or reverted to him. (2
A writ of execution upon aright of presentation to a benefice being recovered in qguare impedit, addressed to the bishop or his metropolitan, requiring him to admit and institute t
DE CLERICO CAPTO PER STATU- TUM MERCATORIUM DELIBERAN- BO. Writ for delivering aelerk arrested on ustatute merchant. A writ for the deliyery of a clerk out of prison, who had been
A writ for associating certain persons, as knights and other gentlemen of the county, to justices of assize on the circuit. Reg. Orig, 206.
- Admonitiondefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
In ecclesiastical law, this is the lightest form of punishment, consisting in a reprimand and warning administered by the judge to the defendant. If the latter does not obey the ad
- Admonitio Trinadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A triple or threefold warning, given, in old times, to a prisoner standing mute, before he was subjected to the peine forte et dure. 4B). Comm. 325; 4 Steph. Comin. 391.
- Ad Mordendum Assuetusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Accustomed to bite. Cro. Car. 254. A material averment in declarations for damage done by Adog to persons or animals. 1 Chit. Pl. 388;
The reduction of property of lands or tenements to mortmain, in the feudal customs.
The son of a great-greatgrandson. Calvin.
The daughter of a greatgreat-cranddaughter. ‘ Calvin.
Annulled, cancelled, made void. 28 Hen. VIII.
- Adnihilaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Inold English law. To annul; to make void; to reduce to nothing; to treat as nothing; to hold as or for nought.
- Ad Nocumentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Tothe nuisance, or annoyance. Fleta, lib. 2,c.52,§19. Ad nocumentum liberi tenementi sui, te the nuisance of his freehold. Formal words in the old assise of nuisance. 8 Bi Comm. 22
In the civil law. The subscription of a name or signature to an instrument. Cod. 4, 19, 5, 7. A rescript of the prince or emperor, signed with his own hand, or sign-manual. Cod. 1,
That age which folity. It commences for males at 14, and for females at 12 years completed, and continues till 21 years complete.
To accept, appropriate, choose, or select; to make that one’s own (property _or act) which was not so originally; to take another's child and give him the rights and duties of one’
- Adoptiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The act of one who takes another's child into his own family, treating him as his own, and giving him all the rights and duties of his own child. A juridical act creating between t
Anact of parliament which comes into operation within a limited area upon being adopted, in manner prescribed therein, by the inhabitants of that area,
Lat. Adoptive. Applied both to the parent adopting, and the cbild adopted. Inst. 2, 13, 4; Id. 3, 1, 10-14.
To show. Formal words in old writs. Fleta, lib. 4, c. 65, § 12.
At the D door of the church, Qne of the five species of dower formerly recognized by the English law. 1 Washb. Real Prop. 149; 2 Bl. Comm. 182. E Ad proximum antecedons fiat rolati
In the civil and Scotch law. A guarantor, surety, or cautioner; a peculiar species of fidejussor; one who adds his own promise to the promise given by the principal debtor, whence
Towhich. A term used in the computation of time or distance, as cor- G relative to a guo; denotes the end or terminal point. See A Quo. Ad questiones facti non respondent judices;
The name of a writ formerly issuing from the English chancery, commanding the sheriff to make inquiry "to what damage" a specified act, if done, will tend. Ad quod damnum is a writ
M used in the reports, where a point advanced in argument by one party was not denied by the other; or where a point or argument of counsel was not met or noticed by the court; or
- Ad Rationem Poneredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A technical expression in the old records of the Exchequer, signifying, to put to the bar and interrogate as toa charge made; to arraign on a trial.
To recognize. Fleta, lib. 2, c. 65, § 12. Formal words in old writs. Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio & nominibus rerum dependet. In order ri
- Adrectaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To do right, satisfy, or make amends.
- Ad Respondendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
For answering; to mmake answer; words used in certain writs employed for bringing a person before the court to make answer in defense in a proceeding. Thus there is a capias ad res
In old European law, To undertake, declare, or promise solemnly; to pledge; to pledge one’s self to make oath. Spelman.
Sea-weed, between high and low water-mark, which has not been deposited on the shore, and which during fluod-tide is moved by each rising and receding wave, is edrift, although the
- Ad Satisfaciendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To satisfy. The emphatic words of the writ of capias ad satisfaciendum, which requires the sheriff to take the person of the defendant to satis/y the plaintiff’s claim.
Lat. In the civil law. Ascendants. Dig. 23, 2, 68; Cod. 5, SO
Slaves who served the master of the soil, who were annexed to the land, and passed with it when it was conveyed. Calvin. In Scotland, as late as the reign of George IIL, laborers i
Inthe civillaw. Added, annexed, or bound by or in writing; enrolled, registered; united, joined, annexed, bound to, generally. Servus colone adscriptus, a Slave annexed to an estat
- Ad Sectamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
At the suit of. Commonly abbreviated to ads. Used in entering and indexing the names of eases, where it is desired that the name of the defendant should come first. Thus, “B. ads.
A swearing or binding upen oath.
In Roman law. An accessory party to a promise, who received the same promise as his principal did, and could equally receive and exact payment; or he only stipulated fora part of t
to colleges and universities. 1 Bl Comm. 467; T. Raym. 101.
Fora term of years.
For aterm which has passed. Words in the. Latin form of the writ of entry employed acommen law to recover, on behalf of a land. lord, possession of premises, from a tenant holding
- Ad Tunc Et Ibidemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In pleading. - The Latin name of that clause of an indictment containing the statement of the subjectmatter “then and there being found.” AD ULTIMAM VIM TERMINO-
- Adultdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In the civil law. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve. Dom. Liv. Prel. tit. 2, § 2, n. 8. In the common law. One
Lat. One who corrupts; one whoseduces another man’s wife. Adui-
In the civil law. An aadilteress; a woman guilty of adultery. Dig. #8, 5, 4, pr.; Id. 48, 5, 15, 8.
- Adulterationdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of corrupt- ‘ing or debasing. The term is generally applied tothe act of mixing up with food or drink intended to be sold ether matters of an inferior quality, and usually
Lat. In the civil daw. <A forger; acounterfeiter. <d Adulleratores moneie, counterfeiters of money. Dig. 48, 19, 16, 9.
- Adulterinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Begotten in an adul- ‘terous intercourse. In the Roman and cangyn daw, adulterine bastards were distinguished from such as were the issue of two unmartied persons, and the former w
Traders acting a3 a corporation without a charter, and ‘paying a fine annually for permission to ex- -ercise their usurped privileges. Smith, Wealth Nat. b. 1, ¢. 10.
- Adulteriumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A fine anciently imposed as a punishment for the commission of adultery.
Adul- “terous bastards are those produced by au unawful connection between two persons, who, atthe time when the child was conceived, were, either of them or both, connected by ‘Ma
- Adulterydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Adultery is the voluntary ‘sexual intercourse of a married person witha person other than the offender’s husband or wife, Civil Code Cal. § 93; 1 Bish. Mar. & Div. § 703; 6 Mete. 2
To the use and benefit,
To the value. See AbD VALOREM.
According to value. Duties are either ad valorem or specific; the former when the duty is laid in the form of a percentage on the value of the property; the latter where it is impo
- Advancedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
«. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in expectation of return from it.
- Advancementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Money or property given by a father to his child or presumptive heir, or expended by the former for the latter's benefit, by way of anticipation of the share which the child will i
- Advancesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Moneys paid before or in advance of the proper time of payment; money or commodities furnished on credit; a loan or gift, or money advanced to be repaid conditionally. See 51 Barb.
In Roman law. One of forsign birth, who has left hisown country and settled elsewhere, and who has not acquired citizenship in his new locality; often called albanus. Du Cange.
- Adventdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A period of time recognized by the English common and ecclesiastical law, beginning on the Sunday that ‘falls either upon St. Andrew’s day, being the 30th of November, or the next
That which comes Incidentally, fortuitously, or out of the regular course.
Lat. Fortuitous; incidental; that which comes from an unusual source. Adventitia bona are goods which fall to aman otherwise than by inheritance. Adventitia dos is a dowry or porti
An adventure. 2 Mon. Angl. 615; Townsh. Pl. 50. Flotson, jetson, and lagon are styled adventura maris, (adventures of the sea.) Hale, De Jure Mar. pt. 1, c. 7.
- Adventuredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In mercantile lew. Sending goods abroad under charge of a supercargo or other agent, at the risk of the sender, to be disposed of to the best advantage for the benefit of the owner
BILI OF. In mereantilelaw. A writing signed by a merchant, stating that the property in goods shipped in his name belongs to another, to the adventure or chance of which the person
(From Lat. adversa, things remarked or ready at hand.) Rough memoranda, common-place books.
A litigant-opponent, the opposite party in a writ or action.
One having opposing parties; contested, as disgiven legal warning to the other party, and afforded the latter an opportunity to contest it.
Opposed; contrary; in re sistance or opposition to 4 claim, application, or proceeding.
A claim set up by a stranger to goods upon which the sheriff has levied an execution or attachment.