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
- Aggrieveddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Having suffered loss or injury; damnified; injured.
Under statutes granting the right of appeal to the party aggrieved by an order or judgment, the party aggrieved is one whose pecuniary interest is directly affected by the adjudica
- Agilddefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon law. Free from penalty, not subject to the payment of gild, or weregild; that is, the customary fine or pecuniary compensation for an offense. Spelman; Cowell.
In Saxon law. An observer or informer.
Lat. In old English law. A hayward, herdward, or keeper of the herd of cattle in a common field. Cowell.
- Agiodefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In commercial law. <A term used to express the difference in point of value between metallic and paper money, or between one sort of metallic money and another. Me Cul. Dict.
A speculation on the rise and fall of the public debt of states, or the public funds. ‘The speculator is called “agtoteur.”
In ancient law. To take in and feed the cattle of strangers in the king’s forest, and to collect the money due for the same to the king’s use. Spelman; Cowell. In modernlaw. To tak
- Agistmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The taking in of another person's cattle to be fed, or to pasture, upon one's own land, in consideration of an agreed price to be paid by the owner. Also the profit or recompense f
One who takes in horses or other animals to pasture at certain rates. Story, Bailm. § 443.
- Agnatesdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the law of descents. Relations by the father. This word is used in the Scotch law, and by some writers as an English word, corresponding with the Latin agnatt, (q.v.) Ersk. Inst
- Agnatidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
In Romun law. The term included “all the cognates who trace their connection exclusively through males. A table of cognates is formed by taking each lineal ancestor in turn and inc
[From aegnatt, 9g. 0.] De
- Agnatiodefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In thecivillaw. Relatlon ship on the father’s side; agnation. <Agnati a petreest. Inat, 3, 5, 4; Id. 3, 6, 6.
Kinship by the father’s side. See AGNATES; AGNATI.
- Agnomendefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. An additional name or title; a nickname. A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Afric
<A surname; an additional name or title; agnomen.
Lat. Lamb of God. A piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the pope. Cowell,
Relating to land, or toa division or distribution of land; a3 an agrarian law.
A tax upon or tribute payable out of land.
From grace or favor; a3 a matter of indulgence, not of right.
- Agreamentumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law, Agreement; an agreement. Spelman.
To concur; to comeinto harmony; to give mutual assent; fo unite in mental action; toexchangs promises; to makean ayreement. ‘To assent toa thing, or undertake to do It; to promise.
In Seotchlaw. <Agreement; an agreement or contract.
Settled or established by agreement. This word in a.deed creates a covenant. This word is a technical term, and it is syninymous with “contracted.” Meigs, 433. It means, ex vi term
A statement of facts, agreed on by the parties as true and correct, to be submilted toa court for a ruling on the law of tho case.
- Agreementdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A concord of understanding and intention, between two or more parties, with respect to the effect upon their relative rights and duties, of certain past or fulure facts or performa
A brief agreement entered into between the insurer and insured, preliminary to the filling up and delivery of a policy.
Fr. In French marine law. To rig or equip a vessel, Ord. Mar. liv. 1, tit. 2, art. 1.
Arable lands in common fields.
A person actually engaged inthe “science of agriculture” ( within the meaning of a statute giving him special exemptions) is one who derives the aupport of himself and his family,
In Roman law. Lands belonging to the state by right of conquest, and granted orsold in plots. Sandars, Just. Inst. (5th Ed.) 98.
In ancient customs, a fee, due from the vassals to their lord for sharpening their plowing tackle.
Uneompensated, unpaid for, unavenged. From the participle of exclusion, @, @, or ex, (Goth.,) and gild, payment, requital. Anc. Inst. Eng. ZL. A Norman French term signifying “pran
A breaking made out by construction of law. As where a burglar gains anentry into a house by threats, fraud, or conspiracy. 2 Russ. Crimes, 9, 10.
- Aiddefined inCase LawU.S. CodeBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
v. Tosupport, help, or assist. This word must be distinguished from its synonym “encourage,” the difference being that the former connotes active support and assistance, while the
- Aid And Comfortdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Help; support; assistance; counsel; encouragement, As an element in the crime of treason, the giving of “aid and comfort” to the enemy may consistin a mere attempt. It is not essen
- Aider By Verdictdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Thehealing or remission, by a verdict rendered, of a defect or error in pleading which might have been objected to before verdict. The presumption of the proof of all facts necessa
The king’s tenant prays this, when rent is demanded of him by others. '
- Aid Prayerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. A proceeding formerly made use of, by way of petition in court, praying in aid of the tenant for life, ete., from the reversioner or remainder-man, when the ti
A Norman French term signifying “grandmother.” Kellam,
In Freneh feudal law. The right or privilege of the eldest born; primogeniture; esnecy. Guyot, Inst. Feud. ¢, 17.
That fluid transparent substance which surrounds our globe,
In old Scotch law. ‘The court of the justices itinerant, corresponding with the English eyre, (g. 0.) Skene de Verb. Sign. voc. [ter.
Inold Scotch criminallaw. Accessary; contriver and partner. 1 Pite. Crim. Tr. pt.1, p. 183; 3 How. State Tr. 601. Now written art and part, (q. v.)
In English law. A passage for the admission of air into a mine. To maliciously fill up, obstruct, or damage, with intent to destroy, obstruct, or render useless the air-way to any
In French law. The document pursuant to whieh an action or auit ls courmenced, equivalent to the writ of simmons in England. Actions, however, Are in BOMe cases commenced by reguct
In Spanish law. Paraphernafia. The jewels and furniture which a wife brings in marriage.
A tube, conical in form, intended to be applied to an aperture through which water passes, whereby the flow of the water is greatly increased. See 2 Whart. 477,
In old English law. Of kin. "Next-a-kin." 7 Mod. 140.
A manager and keeper of dogs for the sport of hawking; from ' aanus, a dog known tothe ancients. A faleoner. Blount.
The list of persons liable to military watches, who were at the same time exempt from trainings and musters. See Prov. Laws 1775-76, c. 10, § 18; Const. _ Mass. c. 11, § 1, art. 10
Lat. From the side. In connection with the succession to property, theterni means “collateral.” Braet, fol. 200, Also, sometimes, “without right.” Id, fol. 426, In ecclesiastical l
- Alba Firmadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. White rent; rent payable in silver or while money, as distinguished from that which was ancieatly paid in corn or provisions, called black mail, or black rent.
In old French law. The state of alisnage; of being a foreigner or lien.
In old French law, AS atranger, alien, or foreigner.
Inold French law. The state or condition of an alien or foreigner,
Inold French law. The droit @aubaine in France, whereby the king, at an alien’s death, was entitled to all his property, unless he had peculiar exemp-
A blank writ; a writ with a blank or omission in it. ALBUS LIiBER, The white book; an ancient book containing a compilation of the law and customs of the city of London. It has lat
In Spanish law. <A duty of a certain per cent. paid to the treasury on the sale or exchange of property.
- Alcaldedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The name cf a judicial offieer in Spain, and in those countries which have received their laws and institutions from Spain. His functions somewhat resembled those of mayor in small
- Aldermandefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A judicial or administrative magistrate, Originally the word was synonymous with “elder,” but was also used to designate an earl, and even a king. In English iaw. An associate te t
The alderman of the county. According to Spelman, he held an office intermediate between that of an earl anda sheriff. According to other authorities, he was the same as the earl,
Alderman of the king. So called, either because he received his appointment from the king or because he gave the judgment of the king in the premises allotted to him.
be the same with the chief justiciary of England in Jater times. Spelman.
Lat. In thecivillaw. A game of chance or hazard. Dig.11,5,1. See Cod, 3, 43. The chance of gain or loss in a contract.
Lat. (From alea,qg.v.) In the civil law. A gainester; one who plays al games of hazard. Dig. 11, 5; Cod. 3, 48.
An officer appointed by the court-leet, sworn to look to the assise and goodness of ale and beer within the precincts of the leet. Kitch. Courts, 46; Whishaw. An officer appointed
A place where ale is sold to be drunk on the premises where sold.
Fr. In old practice. ‘To be dismissed from court; to go quit. Literally, “to go to God.”
In old practice, a phrase used to indicate the final dismissal of a case from court without continuance. “To go without day.”
A rent or tribute paid annually to the lord mayor of London, by those who sell ale within the liberty of the city,
A maypole or long stake driven into the ground, with a sign on it for the sale of ale. Cowell.
Fr. In French feudal law. An
- Alfetdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A cauldron inte which boiling water was poured, in which a crimina plunged his arm up to the elbow, and thera held it for some time, as an ordeal. Du Cange.
Probably a corruption of Laganum maris, lagan being 4 right, in the middleages, like jetsam and flotsam, by which goods thrown from a vessel in distress became the property of the
Span. In Spanish law. Property. White, Nov. Recop. b. 1, tit. 5, ¢. 3, § 4.
- Alia Enormiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Otherwrongs. The name given toa general allegation of injuries caused by the defendant with which the plaintiff in an action of trespass under the common law practice coneluded his
A liberty of passage, open way, water-course, ete., for the tenant's accommodation. Kitchen.
- Aliasdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. Formerly; hitherto; at another time. An elias writ is a sueond writ issued in the same ciuuse, where a former writ of the same kind had been issued without effect. In
“Otherwise called.” This phrase (or its shorter and more usual form, edéas,) when placed between two names in a pleading or other paper, indicates that the same person is known by
Lat. An officer who had charge of the libelli or petitions addressed to the sovereign. Calvin. A name sometimes given to a chancellor, (cancellarius,) in the early history of that
- Alibidefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Lat. In criminal law. Else where; in another place. A term used to express that mode of defense to a criminal prosecution, where the party accused, in order to prove that he could
Proper to be the subject of alienation or transter.
- Alienagedefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The condition or state of an alien,
- Alien Amydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In international law. Alien friend. An alien who'is the subject or citizen of a foreign government at peace with our own. '
Acts of congress of July 6 and July 14, 1798. See Whart. State Tr. 22.
- Alienatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Toconvey; to transfer the title to property. Co. Litt. 1182, Alden is very commonly used in the same sense, 1 Washb. Real Prop. 53. “Sell, atienaie, and dispone” are the formal wor
- Alienation Officedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In English practice. An office for the recovery of fines levied upon writs of covenant and entries. Alienation pending a suit is void. 2 P. Wms. 482; 2 Atk. 174; 3 Atk. 392; 11 Ves
- Alieneedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One to whom an alienation, conveyance, or transfer of property is made,
‘The subject of a nation with which we are at peace; an alien amy.
In international law. An alien who is the subject or citizen of some hostile state or power. See Dyer, 20; Co, Litt, 1296. A person who, by reason of owing a permanent or temporary
One of foreign birth; analien. 7 Coke, 31. K
Lat. Of another kind. 3 P. Wms, 247.
Under the control, or subject lo the authority, of another person; e. g.. an infant who is under the authority of his father or guardian; a wife under the power of her husband. The
The state, condition, or character of an alien, 2 Kent, Com. 56, 64, 69.
A man born an alien. ALIEN or ALIHNE. 2. ‘To transfer or make over to another; to convey or transfer the property of a thing from one person to another; to alienate. Usually applie
Lat. Another's; belonging to another; the property of another. Aliens homo, another's man, or slaye. Inst. 4, d, Mi
He who makes a grant, transfer of title, conveyance, or alienation.
- Alimentdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Scotch law. To maintain, support, provide for; to provide with necessiries. As a noun, maintenance, support; an allowance from the husbind’s estate for the support of the wife.