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 sprout of the earth. A young tree, so called.
In the civil law. Officers appointed to manage hospitals for the aged poor.
Finable; Hable to be amerced at the discretion of the lord of a manor. Cowell,
In old English law. FExpense; reward; compensation; wealth. Itis also used for a fine or compensation for an offense. 2 Mon. Angl. 973. of his entertainment in another’s house. Twa
UTERO-GESTATION. In medica] jurisprudence. The time during which a female, who has conceived, carries the embryo or fetus in her uterus.
In the civil law. Behavior or conduct. Management or transaction. Negotiorum gestio, the doing of another’s business; an interference in the affairs of another in his absences, fro
Behavior as heir. This expression was used in the Roman law, and adopted in the civil law and Scotch law, to denote conduct on the part of a person appointed heir to a deceased per
- Gestordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law. One who acts for another, or trausacts another’s business. Caivin.
An ancient and obsolete writ resorted to when a person’s good behavior was impeached. Lamb. Kir. ], 4, c. 14.
Lat. In Roman law. A deed or act; a thing done. Some writers affected to make a distinction between “gestum” and “factum.” Lut the best authorities pronounced this subtile and inde
in Saxon and old English law. The giving of evidence.
In Saxon law. Deeds or charters; writings. 1 Reeve, Eng. Law, 10.
In Saxon law. The ancient convention of the people to decide a cause.
An account or history of the descent of a person er family from an ancestor; enumeration of ancestors and their children in the natural order of succession, Webst.
In pleading. A demurrer framed in general terms, without showing specifically the natnre of the objection, and which is usually resorted to where the objection is to matter of subs
Several distinct lots or pieces of Jand inclosed and fenced in a3 one common field. 14 Mass, 440.
A _ tenancy which is not fixed and made certain in point of duration by the agreement of the parties. 22 Ind. 122.
In old New York law. A court messenger or constable. O'Callaghan, New Neth. 322.
In Saxon law. A villein, or agricultural tenant, (villanus villicus;) a hind or farmer, (firmarius rusticus.) Spelman.
A gallows; theposton which malefactors are hanged, er on which their pendienlar post, from the top of which proceeds one arm, except it be a double gibbet, which is formed in the s
- Giftdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A voluntary conveyance of land, or transfer of goods, from one person to another, made gratuitously, and not upon any consideration of blood or money. 2 BL Comm. 410; 2 Steph. Comm
The stream of water to a mill. Mon, Angi. tom. 8.
- Gift Enterprisedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
<A scheme for the division or distribution of certain articles of property, to ba determined by chance, among those who have taken shares in the scheme. The phrase has attained suc
In Swedish law. The right to dispose of a woman in marriage; or the person possessing such right,—her father, if living, or, if he be dead, the mother.
A friborg, or decennary; called, by the Saxons, “gyldscipes,” and its members, “ gidanes” and “eongildones.” Spelman.
A gild merchant, or merchant gild; a gild, corporation, or company of merchants. 10 Coke, 30.
See GUILDHALL.
Certain payments to the crown from any gild or fraternity.
Fr. A chent or deceiver. Applied in Britton to those who sold false or spurious things for good, as pewter for silver or laten for gold. Britt. c. 15.
<An Italian word, which signifies the drawer of a bill. It is derived from “girare,” to draw.
In Saxon and old English law. A measure of length, equal to one yard, derived trom the girth or circumference of a man’s body.
In old Scotch law. An asylum given to murderers, where the murder was committed without any previous design, and in chaude mella, or heat of passion. Bell.
<Agistment; cattle taken in to graze at a certain price; also the money received for grazing cattle.
L. Fr. To lic. Gist en le bouche, it lies in the mouth. Ze action bien gist, the action well lies. Gisant, lying.
An agister; a person who takes cattle to graze.
A pledge. Fredgiste, a pledge of peace. Gislebert, an illustrious pledge.
Inold Englishlaw. Taxable, tributary, or contributory; liable to pay tax or tribute. Cowell; Bicunt.
- Givedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A term used in deeds of conveyance. At common law, it implied a covenant for quiet enjoyment. 2 Hil. Real Prop. 366. In their ordinary and familiar signification, the words “sell”
To furnish or put in bail or security for one’s appearance.
To admit an apparent or colorable right in the opposite party. See Co Lor,
- Giverdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A donor; he who makes a gift.
In Louisiana liw. A phrase (translating the Fr. “dation en payement”) which signifies the delivery and acceptance of real or personal property in satisfaction of a debt, instead of
A ceremony anciently performed in England by serjeants at law ab the time of their appointment. The rings were inscribed with a motto, generally in Latin.
The act of a creditor in extending the time for the payment or satisfaction of a claim beyond the time stipulated in the original contract. If done without the consent of the suret
A little sword or dagger; a kind of sedge. Mat. Paris.
Lat. A sword. An ancient emblem of defense. Hence the ancient earls or comites (the king's attendants, advisers, and associates in his government) were made by being girt with swor
Asvword, lance, or horseman’s staff. One of the weapons allowed in a trial by combat.
In the civil law. Acorns or nuts of the oak or other trees. In a larger sense, all fruits of trees.
A term used in St. 1 Jac. J. ce. 7, for wandering rogues or vagrants.
<A hand dart. Cowell.
- Gleaningdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The gathering of grain after reapers, or of grain left ungathered by reapers. Held not to be a right at common law. 1H. BI. 51.
- Glebadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A turf, sod, or clod of earth. The soil or ground; cultivated land in gen- -eval. Church land, (solum et dos ecclesia.) Spelman. See GLEBE,
Turfs dug out of the ground, Cowell.
- Glebedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In ecclesiastical law. The land possessed as part of the endowment or revenue of a church or ecclesiastical benefice. Ir Roman law. A clod; turf; soil. Hence, the soil of an inheri
YVillein-socmen, who could not be removed from the lazd while they did the service due. Lract. c. 7; 1 Reeve, Eng. Law, 269.
In Saxon law. A fraternity.
Commissioners appointed to determine differences between scholars in a schoo! or university and the cownsmen of the place. Jacob.
Lat.. In the civil law. A husbanil’s sister. Dig. 38, 10, 4, 6.
An interpretation, consisting of one or more words, interlinear or marginal; an annotation, explanation, or comment on ary passage in the text of a work, for purposes of elucidatio
- Glossatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In the civil law. A commentator or annotator, <A term applied to the professors and teachers of the Roman law in the twelfth century, at the head of whom was Irnerius. Mackeld. Rom
STATUTE OF. The statute is the 6 Edw. I. ¢.1, A. D. 1278. It takes its name from the place of its enactment, and was the first statute giving costs in actions.
Extraordinary re wards formerly given to officers of courta, etc.; money formerly given by the sheriff of acounty in which no offenders are lelt for execution to the clerk of assiz
A hollow between two mountains; a valley or glen. Co. Litt. 5d, GO. To be dismissed from a court, To issue from a court. “The court said a mandamus must go.” 1 W. Bl. 50. “Let a su
The answer made by a prisoner, when arraigned, in answer to the question, “How will you be tried?” In the ancient practice he had the choice (as appears by the question) whether to
Anecclesiastical or church fine paid for crimes and offenses committed against God, Cowell.
That which is offered to God or his service. Jacob.
- God’s Pennydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Earnest-money; money given as evidence of the completion of a bargain. This name is probably derived from the fact that such money was given to the church ordis
- Goging-Stoledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Anold form of the word “eucking-stool,” (7. 0.) Cowell.
- Going Concerndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
<A firm or corporation which, thongh embarrassed or even insolvent, continues to transact its ordinary business. 30 Fed. Rep. 865.
This is a nau. tical phrase, and signifies having the wind frees on either tack. 1 Newb. Adm. 8, 26; 6 Mc Lean, 152, 170. A vess:], in nautical technicality, “is going off large’-
- Going Witnessdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One whois about to take his departure from the jurisdiction of the court, although only into a state or country under the general sovereignty; as fram one to another of the United
Leopold. Glossary of French judicial terms. [In his work on the French Code of Commerce. 1 vol. 8vo. London, 1880.]
Amine. Blount. A sink or passage for water. Cowell.
Bankers’ cash notes (7. e., promissory notes given by a banker to his customers as acknowledgments of the receipt of money) were originally called in London “goldsmiths’ notes,” fr
A mulct or fine in gold.
Lat. A jester, buffoon, or juggler. Spelman, voc. “Goliaidensis.”
In Hindulaw. An agent; a steward; a confidential factor; a representative.
- Good And Lawful Mendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Those who are not disqualified for service on juries by nomage, alienage, infamy, or lunacy, and who reside in the county of the venue,
- Good Considerationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
As distinfuished from talwable consideration, a consideration founded on motives of generosity, prudence, and natural duty; such as natural love and affection.
In Scotch law, Good men of the country. A nae given to a jury.
- Good Faithdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Good faith consists in an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absenc
A jury of which the members are selected from the list of special jurors. See L. R.5 C. P. 155.
GOODTITLE. The fictitious plaintiff in the old action of ejectment, most frequently called “John Doe,” was sometimes called “Goodright” or “Goodtitle.”
- Goodsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
In contracts. The term “goods” is not so wide as “chattels,” for it applies to inanimate objects, and does not tnclude animals or chattels real, as a lease for years of house or la
Inold Englishlaw. A breach in a bank or sea wall, or a passage worn by the flux and reflux of the sea St. 16 &17 Car. JIG li.
A small, narrow slip of ground, Cowell.
In canon law. Compaternity; spiritual atfinity.
- Go To Protestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Commercial paper is said to “go to protes6” when it is dishonored by non-payment or non-acceptance and is handed to a notary for protest.
In medical jurisprudence. An inflammation of the fibrous and ligamentous parts of the joints.
1. The regulation, re- SST straint, supervision, or control which is exercised upon the individual members of an organized jural society by those invested with the supreme politiea
A government of fact. A government actually exercising power and control in the state, aa opposed to the true and lawful government; a government not established according to the h
A government of right; the true and lawful government; a government established accord- Ing to the constitution of the state, and lawfully entitled to recognition and supremacy and
The title of the chief executive in each of the states and territories of the United States; and also of the chief magistrate of sume colonies, provinces, and de pendencies of othe
- Go Without Daydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Words used to denote that a party is dismissed the court. He is said to go without.day, because there is no day appointed for him to appear again.
- Gracedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
This word is commonly used in contradistinetion to “right.” Thus, in St. 22 Edw, I11., the lord chancellor was instructed to take cognizance of matters of grace, being such subject
DAYS OF, Time of indulgence granted to an acceptor or maker for the payment of his bill of exchange or note. It was originally a gratuitous favor, (hence the name,) but custom has
Inold English law. By degrees or steps; step by step; from one degreeto another. Bract. fol. 64.
Moving step by atep; a grade; the deviation of railways from a level surface to an inclined plane.
Scholars who have taken a degree in a college or university.
In the civil and old English law. A measure of space. A degree of relationship. A step or degree generally; 4. g., gradus honorum, degrees of honor. Vicat. A pulpit; a year; a gene