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
A fardel-land; ten acres; or perhaps a yard-land. Cowell.
Sax. Asummons to serve inthearmy. Anwequittance from going into the army. Fleta, lib. 1, c. 47, § 23.
In Saxon law. An acquittance of manslaughter committed in the army; also a line imposed on persons for not going forth on a military expedition. Cowell.
- Feriadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A weekday; a holiday; a day on which process could not be served; a fair; a ferry. Cowell; Du Cange; Spelman. FERIAE. In Roman law. Holidays; generally speaking
Holidays; also weekdays, a8 distinguished from Sunday. Cowell.
In old Europeanlaw. A wound; a stroke. Spelman,
In old records. ‘The fourth part of a penny; also the quarter of a ward in a borough.
A fourth part of a yardland.
A furlong. Co. Litt. 58,
The right of a tenant to his lands and tenements, Cowell.
A farm; a rent; a lease; a house or land, or both, taken by indenture or lease. Plowd. 195; Vicat. See Fans.
FERMOR. A lessee; a} farmer. One who hoids aterm, whether of lands or au incorporeal right, such as customs or revenue.:
In French law. One who farms any public revenue.
In oll records, A place in monasteries, where they received the poor, (hospicio excipiebant,) and gave them provisions, (ferm, firma.) Spelman. Fence the modern Zfl7mary, used in t
In old Englishlaw. A waste ground, or place where fern grows, Cowell.
In the civil law. To be borne; thatis on or about the person. This was distinguished from portart, (to be carried,) which signified to be carried on an animal, Dig. 50, 16, 235.
The toll or fare paid for the transportation of persons and property across a ferry. Literally speaking, itis the price or fare fixed by law for the transportation of the traveling
Clande Joseph. Dictionnaire dedroitet de pratique. Ist Edn. 1754. 2d Edn. i740. 8d Edn. 2 vols. d4to. Paris, 1762.
In old pleading. An iron mine, Townsh. Pl. 278.
Iron. In old English law, A. horse-shoe. Ferrura, shoeing of horses,
- Ferrydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A liberty to have a boat upon a river for the transportation of men, horses, and carriages with their contents, for a reasonable toll. The term is also used to designate the place
One employed in taking persons across a river or other stream, in boats or other contrivances, at a ferry, 3 Ala. 160; 8 Dana, 158,
The feudal system; the aggregate of feudal principles and usages,
In old English law. Grand holidays, on which choirs wore caps. Jacob. Festinatio justitis est noverea infortunii. Hob. 97. Hasty justice is the step mother of misfortune, behavior
Chains or sitackles for the feet; irons used to secure the legs of convicts, ruly prisoners, etc. Similar chains secury the wrists are called “handcutis.”
- Feu Annualsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In Scoichlaw. The -reddendo, or annilal return from the vassal toa superior in a feu holding.
- Feuddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In feudal law. An estate in land held of a superior on condition of ren- Goering him serviees. 2 Bl. Comm. 108. An inlieritable right te the use and oceupation of lands, held on co
- Feudaldefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Pertaining to fends or fees; relating to or growing out of the feudal system or feudal law; having the quality of a feud, as distinguished from “allodiai.”
- Feudal Actionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Anancient name for read actions, or such as concern real property only. 3 BL Comm. 117.
The body of jurisprudence relating to feuds; the real-property law of the feudal system; the law anciently regulating the property relations of lord and vassal, and the creation, i
A tenant who holds by feudal tenure. Held by feudal service. Relating to feuds or feudal tenures.
Seo FEODATORY.
A recompense for engaging in a feud, and the damages consequent, it having been the custom in ancient times for all the kindred to engage in their kinsman’s quarrel. Jacob,
<A writer on feuds, as Cujacius, Spelman, ete.
In Spanish law. Feud or fee. White, New Recop. b. 2, tit. 2, ce. 2.
- Feudumdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A feud, fief, orfee. A right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military
An ancien feud or fief; a fief descended to the vasga from his ancestors. 2 Bl. Comm. 212, 221, A fief which ancestors had possessed for ner than four generations. Spelman.
An open feu or fief; a fief resulting back to the lord, whe the blood of the persen last seised was utterly extinct and gone. 2 BL Comm. 245.
A freo feud. One which was noble and free from talliags and other subsidies to which the plebeia feuda (vulgar feuds) were subject. Spelman.
A fee held on the military service of appearing fully armed at the dan and arriereban. Spelman
An im proper or derivative feud or fief. 2 Bl, Comm. 58.
An indivisible or impartible feud or fief; descendible to the eldest son alone, 2 Bl. Comm, 215.
A liege feud o fief; a fief held Immediately of the sovereign; one for which the vassal owed fealty to his lord against all persons. 1 Bl. Com. 367; Spelman.
A maternal fief; a fief descended to the feudatory from his mother. 2 Bl. Comm. 212.
A fee for which the tenant did guard and owed fealty and homage. Spelmun.
A new fee held with the qualities and incidents of an ancient one, 2 Bl. Comm. 212.
A new feud or fief; a fief which began in the person of the feudatory, and did not come to him by sue cession. Spelman; 2 Bl. Comin. 212.
Fr. In old French and Oanadian law, Hearth and home, A erin importing actual settlement upon land by a tenant.
an Scotch law. A holding by tennre of rendering grain or money in place of military service. Bell,
In old English law. A teofiee; one to whom a fee is given, ora feoffment made. Bract. fols. 17, 440.
- Fiatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
In English practice. A short order or warrant of a judge or magistrate directing some act to be done; an authority issuing from some competent source for the doing of some legal ac
Let it be done as it is asked. A form of granting a petition.
The doe season. Also a supplying with food. Cowell. d
- Fictiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Roman law. A fiction; an assumption or supposition of the law. "Fictio" in the old Roman law was properly a term of pleading, and signified a false averment on the part of the p
Anassumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place. H A fiction is arule ol law
A person appearing in the writ or record as the plaintiff in «a suit, but who in reality does net exist, or who is ignorant of the suit and of the use of his name in it, It is a co
One who is aot a vassal, b who for the sake of protection haa cond himself with one more poser Iman; 2 Bl. Comm. 46.
- Fidei-Commissariusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law this term corresponds nearly to onr “cestud que trust.” Jt designates a person who has the real or beneficial interest in an estate or fund, the title or administr
In the civil law. A species of trust; being a gift of property (usually by will) to a person, accompanied by a request or direction of the donor that the recipient will transfer th
- Fide-Juberedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law, To order a thing upon one's faith; to pledge one's self; to vecome surety for another. Fide-jubes? Pide-jubeo: Do you pledge yourself? I do pledge myself. Inst. 3
- Fide-Jussordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Inlomaniaw. A guarantor; one who becowes responsible for the payment of another’s debt, by a stipulation which binds him to discharge it if the principal debtor fails to do so. Mac
Faithful; trustworthy.
- Fidelitasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Fealty; fidelity. Fidelitas. De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tamen inde fidelitatis sacramentum. Co. Litt. 676. Fealty. For no tenement which
When a tenant does not keep that fealty which he has sworn tothe lord. Leg. Hen. I. e. 53.
- Fide-Promissordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Frpe-J ussor.
- Fidesdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Faith; honesty; confidence; trust; veracity; honor, Occurring in the phrase “bona jides;” so, also, “mala fides.” Fides est obligatio conscientie alicujus ad intentionem alterius.
In thecivillaw. A contract by which we sell a thing to some one—that is, transmit to him the property of the thing, with the solemn forms of emancipation—on condition that he wills
In Roman law. The elder brother of an emancipated pupiilus, whose father had died leaving him still under fourteen yeurs of age.
- Fiduciarydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The term is derived from the Roman law, and means (4s a noun) a person holding the character of a trustee, or a character analogous to that ofatrustee, in respect to the trust and
- Fiduciary Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Anngreement by which a person delivers a thing lo another on the condition that he will restore it to lim.
In Spanish law. Sequestration. ‘This is aliowed in six cises by the ‘Spanish law where the title to property is in dispute. Las Partidas, pt. 3, tit. 3,1, 1.
An officer elected, in England, by the owners of a regulated past- “treto keep in orcter the fences, ditches, ete., on the land, to regulate the times during which animals are to b
- Fierding Courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Ancient Gothie courts of an inferior jurisdiction, se called because four were instituted within every inferior district or hundred. 3 Bl. Comm. 34,
Lat. To be made; to be done, bee IN Frei.
- Fieri Faciasdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
(That you cause to be made.) In practice. A writ of execution commanding the sheriff te levy and make the amount of a judgment from the goods and chattels of the Judgment debtor, F
(i have caused to be made.) In practice, The name given to the return made by a sherilf or other officer to a writ of fieri fucias, where he has collected the whole, or a part, of
- Fifteenthsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Englishtaw. This was originally a tax or tribute, levied at intervals by act of parliament, consisting of one-fifteenth of all the movable property of the subject or personalty
An encounter, with blows or other personal violence, between two persons. See 738 N.C, 155,
- Fightwitedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Sax. A mulct or fine for naking a quarrel to the disturbance of the peace. Called also by Cowell “forisfaetura puyna.” The aimount was one hundred and twenty shillings. Cowell.
The numerical characters by which numbers are expressed or written.
- Filacerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An oflicer of the superior courts at Westminster, whose duty it was to file the writs on which he made process. Cowell; Blount. The office was abolished in 1837. ‘FILARE. In old En
- Filedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
9. In practice. To put upon the iiles, or deposit in the custody or among the records of a court. © “Filing a bill” in equity is an equivalent expression to “commencing a suit.” “T
n. A thread, string, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe-keeping and ready turning to the same. Spelman; Cowel
Brit. A name given to villeins in the laws of Hoel Dda. Barring. Obs. St. 302.
- Filiatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To fix a bastard child on some one, a3 its father, To declare whose child ifis, 2W BL 1017. Filiatio non potest probari. Co. Litt. 126. Filiation cannot be proved.
- Filiationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
‘The relation of a child to its parent; correlative to “paternity.” The judicial assignment of an illegitimate child to a designated man as its father. In the civil law. The descen
In old English law, A
In old records. <A godson; Spelman.
- Filiusdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. A son; a child, A distinction was sometimes made, in the olvil law, between “flit” and “liberi;” the latter word including grandchildren, (nepotes,) the former not Inst. 1,14,
In the civil law, The son of a family; an unemiuncipated son. Inst. 2, 12, pr.; Id. 4, 5, 2; Story, Conti. Laws, § 61. Filius in utero matris est pars viscerum matris. 7 Coke, 8. A
In old English law. The eldest legitimate son of a woman, who previously had an illegitimate son by his father. Glany. lib. 7,¢.1. Oth erwise culled “mudier.” 2 Bl. Comm. 248,
The son of nobody; é. @., & bastard.
A son of the people; a natural child.
To make full; to complete; tosatisfy or fulfill; to possess and perform the duties of. The election of a person to an office constitutes the essence of his appointment; but the off
A young mare; a female colt, An indictment charying the theft of a “Ally” is not sustained by proof of the larceny of 6 “mare.” 1 Tex. App. 448.
In old practice. A file; f.e,8 thread or wire on which papers were strung, that being the ancient method of filing. An imaginary thread or line passing through the middle of a stre
- Findefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
An end, or limit; a limitation, or period of limitation. ' FIN DE NON RECEVOIR. In French daw. An exception or plea founded on law, shich, withont entering into the merits of he ac
- Finaldefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Definitive; terminating; completed; last. Inits use in jurisprudence, this "word is generally contrasted with “interloentory.”
Such costs as are to be paid at the end of the suit; costs, the liability for which depends upon the final re- ‘suli of the litigation.
One from which no appeal or writ of error can be taken. 47 Il. 167; 6 Hl. & Bl. 408.