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
An old word still made use of in the accounts of the society of the Inner Tempis, where so much in emendais ab the foot of an account on the balance thereof signifies s0 much money
- Emendaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxonlaw. To make amends or satisfaction for any erime or trespass commitied; to pay a fine; to be fined, Spelman. AHmendare se, to redecm, or ransum one’s life, by payment of a
Out of mere grace or favor. Hadem est ratio, eadem est lex. The me reason, the same law. 7 Pick. 493.
To arise; to come to light. “Unless a matter happen to emerge after issue joined.” Hale, Anal. § 1.
The epoch or date whence any people begin to compute their time.
- Emigrantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One who quits his country for any lawful reason, with a design to settle elsowhere, and who takes his family and property, if he has any, with him. Vattel, b. 1, c. 19, § 224.
- Emigrationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of changing one’s domicile from one country or state to another, It is to be distinguished from “expatriation.” The latter means the abandonment of one’a country and renunc
An honorary title given to cardinals. They were called “illustrissime” and “reverendissimi” until the pontificate of Urban VIII.
- Eminent Domaindefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Eminent domain is the right of the people or government to take private property for public use. Code Civil Proc. Cal. § 1237. The right of eminent domain is the right of the state
- Emitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In American law. To put forth or send out; fe issue. “No state shalt emit bills of credit.” Const. U. 8. art. 1, § 10. To issne; to give forth with authority; te put into circulati
‘The profit arising from office or employment; that which is received as 8 compensation for services, or which is annexed to the possession of office as salary, fees, and perquisit
- Emotional Insanitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The species of mental aberration produced by a violent excitement of the emotions or passions, though the reasoning faculties may remain unimpaired.
In ancient law. A mode of inflicting punishment, by thrusting a sharp pole up the fundament. Ene. Lond.
The writing or entering by the sheriff, on a parchment sehedule or roll of paper, the names of a jury summoned by him. Cowell.
See IMPARLANCE.
Fr. Undertakers of suits. Kelham,
The title of the sovereign ruler of an empire. This designation was ailoptel] by the rulers of the Roman world after the decay of the republic, and was assumed by those who claimed
In the Roman and civil law. A contract by which a landed estunity or for along term of years, upon the reservation of an annual rent or canon, and upon the condition that the lesse
- Emphyteutadefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law. The person to whom an emphyteusis is granted; the lessee or tenant under a contract of emphyteusis.
In the civil law. Founded on, growing out of, or having the character of, an emphytcusis; held under an emplhyteusts. 3 Bl. Comm. 232,
The dominion or jurisdiction of an emperor; the region over which the dominion of an emperor extends; imperial power; supreme dominion; sovereign command.
A practitioner in medicine or surgery, who proceeds on experience oniy, without science or leyal qualification; a quack,
In Spanish law. A summons or ¢itation, issued by authority of a judge, requiring the person to whom it is addressed to appear before the tribunal at a designated day and hour.
To indict; to prefera charge against; to accuse.
In French law. Equitable conversion. When property covered by the régime dotal is sold, the proceeds of the sale must be reinvested for the benefit of tle wife. It is the duty of t
Thissignifies both the act of doing a thing and the being under contract or orders to doit. 14 Pet. 464, 475; 2 Paine, 721, 745.:
This word “is from the Freneh, but has become somewhat naturalized in our language. Strictly and etymologically, it means ‘i person employed,’ buf, 1. practice in the French langua
This word does net necessarily import an engagement or render- (ng services for another. A person muy as well be “employed” about his own business as in the transaction of the same
A place for wholesale trade in commodities carried by sea. The name is sometimes applied toa seaport town, but it properly signities only a particular place in such a town. Smith,
In Spanish law. A loan. Something lent to the borrower at his request. Las Partidas, pt. 3, tit. 18, 1. 70.
EMPTION. The act of buying; a purchase.
Lat. In Roman law. <A species of forced assignment for the benefit of creditors; being a public sale of an insolvent debtor's estate, whereby the purchaser succeeded to all his pro
Lat. Purchase and sale; sometimes translated “emption and vendition.” The name of the contract of sale in the Roman law. Inst. 3, 23; A consensual contract to deliver a thing for a
A buyer or purchaser. Emptor emit quam minimo potest, venditor vendit quam maximo potest. The buyer purchases for the lowest price he can; the seller sells for the highest price he
In the civil law. Purchase, This form of the word is used in the Digests and Code. Dig. 18, 1; Cod. 4, 49.
In the civil law. <A buyer or purchaser; the buyer. Dig. 18, 1; Cod. 4, 49,
In the civi] law. <A female purchaser; the purchaser. Cod. 4, 54, 1.
When the:donor of a power, who is the owner of the estate, confers upon persons not seised of the fee the right of creating interests to take effect out of it, which conld not be d
- Enabling Statutedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of 32 Henry VILI.c. 28, by which tenants in tail, husbands seised in right of their wives, and otliers, were empowered to make leases for their lives or for twenty-one year
In Saxon law. The satisfaction for a crime; the recompense for a fault. Skene.
- Enactdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
‘To establish by law; to perform or effeet; to decree. The usual introductory formula in making laws is, “ Be it enacted.”
In Spanish and Mexican law. Alienation; transfer of property. The act by whieh the property ina thing, by extended sense, the term comprises also the contracts of emphyteusis, pled
Fr. Intime past. 2 Inst, 506.
Fr. Inthe bench. 1 Anders. 51.
Fr. To write down in short; to abbreviate, or,in old language, imbreviate; to put into a schedule. Britt. c. 1.
In French law. An acte is said to be en brevet when a copy of it has not been recorded by the notary who drew it. EN DECLARATION DE SIMULA-
In the civil law. A kind of ink or writing fluid appropriate to the use of the emperor. Cod. 1, 23, 6.
- Enceintedefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Pregnant. See PREG-
The occasion, cause, or reason for which anything is done. Termes de la Ley.
Inthe Scotchlaw. To shut up a jury after the case has been submitted to them. 2 Alis. Crim. Pr. 634. See Lx-
See INcCLOsSURE.
In Spanish law. A grant from the crown to a private person of a certain portion of territory in the Spanish colonies, together with the concession of a certain number of the native
See INcUMBER.
See IncumBRANOR.
Object; intent. Things are conhi
An ancient writ directed to the treasurer and barons of the exchequer, forbidding them to hold pleas between common persons (Z. e., not debtors to the king, who alone originally su
In defanit. Used in Louisiana of a debtor who fails to pay on demand according to the terms of his obligation. Seed Mart. (N. 8.) 574. En eschange il covient que les estates soient
or ENDENIZEN. To make free; to enfranchise,
- Endorsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See INDORSE.
In England, cortain schools having endowments are distinctively known as “endowed schools;” and a series of acts of parliament regulating them are known as the “endowed schools act
- Endowmentdefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
1. The assignment of dower; the setting off a woman's dower. 2 Bl. Comm. 135. 2. In appropriations of churches, (in English law,) the setting off a sufficient maintenance for the v
Fr. In fact; in deed; actually.
- Enfeoffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To invest with an estate by feoffment. To make a gift of any corporeal hereditaments to another. See Frorruent.
The act of investing with any dignity or possession; also the instrument or deed by which a person is invested with possessions.
- Enfranchisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
To make free; to incorporate a man ina society or body politic.
- Enfranchisementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of making free; giving a franchise or freedom to; investiture with privileges or capacities of freedum, or municipal or political liberty. right of suffrage. Anciently, the
- Engagementdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In French law. A contract. The obligation arising from a quasé contract. The terms “obligation” and “engagement” are said to be synonymous, (17 Toullier, no. 1;) but the Code seems
This is a division into provinces, dioceses, archdeaconrics, rural deaneries, and parishes.
A law was made by Canute, for the preservation of his Danes, that, when a man was killed, the hundred or town should be liable to be amerced, unless it could be proved that the per
England.
In English law. <A proceeding in the court of ex. Chequer in matters of revenue. “ENGLISH MARRIAGE.” This phrase may refer to the place wherethe martiage is solemnized, or it may r
Fr. In gross. ‘Total; by wholesale.
- Engrossdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
To copy the rude draft of an instrument ina fair, large hand. To write out, in a large, fair hand, on parchment. In old criminal law. ‘To buy up so much of a commodity on the marke
One who engrosses or Writes on parchment in a large, fair hand. One who purchases large quantities of any commodity in order to acquire a monopoly, and to sell them again at high p
- Engrossingdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. The getting into one’s possession, or buying up, large quantities of curn, or other dead victuals, with intent toseli them again. ‘The total engrossing of any other
This word, taken in an unqualified sense, is synonymous with “inereased,” und comprehends any increase of Value, however caused or arising. 32 Fed. Rep. $12.
In this; in respect to this.
The share of the eldest. ceners when they make a voluntary partition. The first choice (primer election) belongs to the eldest. Co. Litt. 166. Hnitia pars semper preferenda est pro
- Enjoindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To require; command; positively direct. To require a person, by writ of injunction from a court of equity, to perform, or to abstain or desist from, some act.
- Enjoymentdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The exercise of aright; the possession and fruition of a right, privilege, or incorporeal hereditament.
Span. Judicially; ina court of law; ina suit at law. White, New Recop. BZ ati Se. 15
Extending, or making more comprehensive; as an enlarging statute, which is one extending the common law.
A remedial statute which enlarges or extends the common law. J Bl. Comm. 86, 87.
- Enlistmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The act of one who voluntarily enters the military or naval service of the government, contracting to serve ina subordinale capacity. The words “enlist” aud “enlistment, ” in law,
Fr. In a dead hand; in mortmain. Britt. c. 43.
In Roman law. The injury sustained by one of the parties to an onerous contract when he had been overreached by the other to the extent of more than one-half of the valuo of the su
In old practice and pleading. Uniawful or wrongful acts; wrongs. Ht alia enormia, and other wrongs. This phrase
Aggravated. “So enormous atrespass.” Vaughan, 115. Written “enormious,” in some of the old books. Enormious is where a thing is made without a rule or against law. Brownl. pt. 2, p
Fr. In equal hand. The word “owel” occurs also in the phrase “ozelty of partition.”
Anciently used for implead. Cowell. -.
or ENQUEST. In canon law. An examination of witnesses, taken down in writing, by or before an authorized judge, for the purpose of gathering testimony to be used on a trial.
Fr. In French law. An expression employed to denote that an indorsement made in favor of a person does not transfer to him the property in the bill of exchange, but merely constitu
In French law. Registration. A formality which consists in inscribing on a register, specially kept for the purpose by the government, asummary analysis of ceriain deeds and docume
- Enrolldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To register; to make a record; to enter on the rolls of a court; to transcribe.
- Enrollmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In Englishlaw. The registering or entering on the rolls of chancery, king’s bench, cowmon pleas, or exchequer, or by the clerk of the peace in the records of the quarter sessions,
Fr. On the way; in the course of a voyage or journey; in course of transportation,
[To insert in a list, account, or writing.
To seal. Hnsealing is still used as a formal word in conveyancing.
Fr. To make subject to a service or servitude. Britt. c. 54.
Lat. A creatureof the law; an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from the law.