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
To finish, accomplish, make complete, fulfill. To perform; obey the injunctions of. To make; as to execute a deed, which includes signing, sealing, and delivery. To perform; carry
- Exemplary Damagesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Damages on a punitive scale, given in respect of turtious acts, committed through malice or other circumstances of aggravation; damages designed not only a3 a compensation to the i
- Exemplificationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
An official transcript of a document from public records, made in form to be used as evidence, and authenticated as a true copy.
A writ granted for the exemplification or transcript of an original record. Reg. Orig. 290.
For the purpose of example, or for instance. Often abbreviated “ea. gr.” or “e. g.”
- Exemplumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the civil law. Copy; a written authorized copy, This word is also used in the modern sense of “example, ”’—ad exempluin constituti singulares non trahi, exceptional things must
v. To relieve, excuse, or set free from a duty or service imposed upon the general class to which the individual exempted belongs; as to exempt from militia seryice. See 1 St. at L
n. One who is free from liability to military service; as distinguished from a de/ail, who is one belonging to the army, but detached or set apart for the time to some particular d
- Exemptiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Freedom from a general duty or service; immunity from a general debtor, by which he may hold property toa certain amount, or certain classes of property, free from all liability to
Laws which provide that a certain amount or proportion of a debtor’s property shall be exempt from: execution.
Out of purchase; founded on purchase. <A termof the civil law, adopt. ed by Bracton. Inst. 4, 6, 28; LBract. fol. 102. See Actio Ex Imrro.
Persons who are not bound by law, but excused from the performance of duties imposed upon others.
In old English law. A gift; a mew year’s gift, Cowell.
- Exequaturdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Lat. Let it be exeeuted, In French practice, this term is subserihed by judicial authority upon a transcript of a judginent from a foreign country, or from another part of France,
A soldier; vassal. Spelman.
In the civil law. An action which lay against the employer of a vessel (exercitor navis) for the contracts made by the master. Inst. 4, 7, 2; 3 Kent, Comm. 161.
Thetrust given to a ship-master.
In old English law.
In old European law. An army; an armed force. A collection of thirty-five men and upwards. A gathering of forty-Ewo armed men. A meeting of four men, Spelman.
The name given to arecord preserved among the muniments and charters belonging to the dean and chapter of Exeter Cathedral, which contains a description of the western parts of the
From the face; apparently; evidently. A term applied to what appears on the face of a writing.
From or in consequence of a fact or action; actually. Usually applied to an unlawful or tortious act as the foundation of a title, etc. Sometimes used as equivalentto “de facto.” B
To abdicate or resign; to resign or surrender an estate, ofttice, or dignity, by the symbolical delivery of a staff or rod to the alienee.
- Ex Fictione Jurisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
By a fiction of law. Ex frequenti delicto augetur poona. 2 Inst. 479. Punisliment increases with increasing crime.
- Exfrediaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To break the peace; to commit open violence. Jacob.
Out of grace; a3 a matter of grace, favor, or indulgence; gratuitous. <A term applied to anything accorded as a favor; as distinguished from that which muy be demanded ew dedito, a
(From oron tho grievous complaint.) In old English practice, The name of a writ (so called from its initial words) which lay for a person to whom any finds or tenements in fee were
Inthe civillaw. One disinherited. Vicat; Du Cange.
- Exheredatedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Scotch law. To disinherit; to exclude from an inheritance,
To present a thing corporeally, so that if may be handled. Vieat. To appear personally to conduct the defense of an action at law.
- Exhibitdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
cv. To show or display; to otfer or present for inspection. To produee anything in public, so that it may be taken into possession. Dig, 10, 4, 2. To present; to offer publicly or
n. A paper ordocument produced and exhibited to a court during a trial a3 a voucher, or in proof of facts, or as otherwise connected with the snbject-matter, and which, on being ac
A complainant in articles of the peace. 12 Adol. & EK. 599.
Lat. Exhibition of a bili. In old English practice, actions were instituted by presenting or exhibiting a bill to the court, in cases where the proceedings were by bill; hence this
- Exhibitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
In Scotch law. An action for compelling the production of writings. In ecclesiastical law. An allowance for meat and drink, usually made by religious appropriators of churches to t
In the civil law. Disinheritins; disherison. The formal method of excluding an ind+feasible (or forced) heir from the entire inheritance, by the teslator’s express declaration in t
By the hypothesis; upon the suppostlion; upon the theory or facts assumed,
The com- K. mand or imperativenesas of a writ; the directing part of a writ; the act or performance which it commands,
In English law. An officer who makes out exigents.
- Exigentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
or EXIGI FACIAS. L. Lat, In English practice. A judicial writ made use of in the process of outlawry, commanding the sheriff to demand the defendant, (or cause him to be demanded,
Demandable; requirable.
- Exiledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Banishment; the person banished.
Lat. In old English law. 1. Exile; banishment from one’s country. 2. Driving away; despoiling. The name of a species of waste, which consisted in driving away tenants or vassals fr
With contrivance or deliberation; designedly; on purpose, See 1
In the civil law. The civil reputation which belonged to the Roman citizen, as such. Mackeld. Rom. Law, § 135. Called a state or condition of unimpeached dignity or character, (dig
From time whereof the mem- DE TEMPORE IN TEMPUS ET AD
Lat. ft goes forth. This word is used in docket entries as a brief mention of the issue of process. Thus, “evil fi. fa.” denotes that a writ of fiert facias has been issued in the
Children; offspring. The rents, issucs, and profits of lands and tenements. An export duty. The conclusion of the pleadings.
A term used in medieal jurisprudence to denote the wound made by a weapon on the side where it emerges, after it has passed completely through the body, or through any part of it.
From a just or lawful cause; by a just or legal title.
In old English iaw. Outlawry. Speiman,
He who is prosecuted as an outlaw. Jacob. i protection of the law, (exuere aliquem benefieto legis.) Spelman.
By the law; by force of law; as a matter of law.
According to the laws. A phvase of the civil law, which means according to the intent or spirit of the law, as well as according Lothe words or letter. Dig. 50, 16, 6. See Calvin.
In old English law. An outlaw; gui est extra legem, one who is out of the Zaw’s protection. Bract. fol. 125. Qué benejicio legis privatur. Spelman.
Byiheking’s licenge. 1 B11. Comm. 168, note.
From or ont of lease or letting. A term of the civil law, applied to actions or rights of action arising out of the contract of locaium, (g.v.) Inst. 4, 6, 23. Adopted at an early
From or in consequence of delay. Interest is allowed ew mora; that is, where there has been delay in returning a sum borrowed. A term of the civil law. Story, Bailm. § 84. Kx multi
From or out of loxn. In the old Jaw of England, a debt was suid te arise ex muizo when one lent another anything which consisted in number, weight, or measure. 1 Reeve, Eng. Law, 1
Of necessity, 8 Rep. Ch. 123.
Fromor by necessity of law. 4 Bl. Comm. 394.
From the necessity or urgency of the thing or case. 2 Pow. Dev. (by Jarman,) 308. Ex, nihilo nihil fit. From nothing nothing comes. 13 Wend. 178, 221; i8 Wend. 257, 801. Ex nudo pa
From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office. Powers may be exercised by an officer wh
An oath taken by offending priests; abolished by 13 Car. II. sity e rea bes Ex pacto illicito non» oritur actio. From an illegal contract an action does not atise, Broom, Max. 742.
In French law. An act or instrument in writing which contains the reasons why a party in a civil suit, or a person accused, who has been summoned, agreeably to the requisitions of
- Exonerationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The removal! of a burden, charge, or duty. Particularly, the act of relieving a person or estate from a charge or liability by casting the same upon another person or estate. A rig
A writ that lay for the crown's ward, to be free from all suit to the county court, hundred court, leet, ete., during wardship. Fitzh. Nat. Brev. 158. EXONERATIONE SECT AD CU-
Lat. Let him be relieved or discharged. An entry made ona bail-piece, whereby the surety is relieved or discharged from further obligation, when the condition is fulfilled by the s
On one side only; by or for one party; done for, in behalf of, or on the application of, one party only. <A judicial proceeding, order, injunction, ete., ia said to be ew parte whe
On the mother’s side; of the maternal line.
On the father’s side; of the paternal line. The phrases “ex parte miterna” and “ex parte paterna” denote the line or blood of the mother or father, and have no such restricted or l
A writ that lay for a bailiff or receiver, who, having auditors appointed to take his accounts, cunnot obtain of them reasonable allowance, but is cast into prison, Fitzh. Nat, Bre
- Expatriationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The voluntary act of abandoning one’s country, and becoming the citizen or subject of another. See Em
To await; to look forward ta something intended, promised, or likely to happen.
- Expectancydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The condition of being deferred to a future time, or of dependence upon an expected event; contingency as to possession or enjoyment. With respect to the time of their enioyment, e
Having relation to, or dependent upon, a contingency.
Interests to come into possession and be enjoyed in futuro, They are of two sorts at common law,— reversions and remainders. 2 Bl. Comm. 163.
A person who has the expectation of inheriting property or an estate, but small present means. The term is chiefly used in equity, where relief is afforded to such persons against
in the doctrine of life annuities, is the share or number of vears of life which a person ofa given age may, upon an equality of chance, expect to enjoy. Wharton.
The whole of a person’s goods and chattels, bag and bagyage. Wharton. Expedit reipublice ne sua re quis male utatur. Itis for the interest of the state that a man should not enjoy
In forestlaw. To cut out the ball of a dog's forefeet, for the preservation of the royal game.
A cutting off the claws or ball of the forefeet of mastiffs, to prevent their running after deer. Spelman; Cowell,
An expedition; an irregular kind of army. Spelman.
- Expeditio Brevisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Inold practice. The service of a writ. Townsh. Pl. 43.
Paymasters. Those who expend or disburse certain taxes. Hspecially the sworn officer who supervised the repairs of the banks of the canals in Romney Marsh. Cowell. EXPENS@ LITIS. C
Persons examined as witnesses in a cause, who testify in regard to some professional or technical matter arising in the case, and who are permitted to give their opinions as to suc
In the civil law. ‘Tospoil;
In the civil law. The offense of unlawfully appropriating govds belonging to a succession. It is not technically theft (fart) because such property no longer belongs to the deceden
Inthecivil law. Arobber; a spoiler or plunderer. #2xpitiatores sunt atrociores fures. Dig. 47, 18, 1, 1.
Cessation; termination from mere lapse of time; as the expiration of a lease, or stitute, and the like.
- Expiry Of The Legaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In Scotch law and practice. Expiration of the period within which an adjudication may be redeemed, by paying the debt in the decree of adjudication, Bell.
See Esriues.
In the civil law. The fourth pleading; equivalent to the surrejoinder of the common law. Calvin.
Asuddenand rapid combustion, causing violent expansion of the air, and accompanied by a report. The word “explosion” is variously used in ordinary speech, and is not one that admit
». To send, take, or carry an article of trade or commerce out of the country. To transport merehandise from one country to another in the course of trade. To carry out or convey g
zn. A thing or commodity
- Exportationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
The act of sending or carrying goods and merchandise from one country to another.
- Exposedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
o. To show publicly; to exhibit. EXPOS &, nm. «Fr. A statement; account; recital; explanation. The term is used in diplomatic language aa descriptive of a written explanation of th
- Expositiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Explanation; exposition; interpretation. Expositio que ex visceribus cause nascitur, est aptissima et fortissima in lege, That kind of interpretation which is born [or drawn] from
Explanation; interpretation.