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 put to flight.
A coif, or a cassock. Jacob.
Relating to the wholeor full amount; asareceipt in full. Complete; giving all details.
In medical jurisprudence, The process of steeping in liquor; an operation by which the medicinal qualities of a substance may be extracted by a liquor without boiling. Also the pro
In future; at a future time; the opposite of in presenti. 2 Bl. Comm. 166, 175.
Meadow, or pasture. Jacob.
(1) Artifice, trick, fraud; (2) an engine, machine, or device. Spelman.
Liberty given toa servant by manumission.
In old English law. The freemen, yeomanry, or commonalty of the kingdom. Cowell. Applied sometimes also to the barons.
In Roman law. A person who, immediately that he was born, was a free person. He was opposed to libertinus, or libertus, who, having been born a slave, was afterwards manumitted or
Earnest given to when hired or retained. The same ints s-penny. Cowell.
In Roman law, ingratitude was accounted a sullicient cause with respect to the first case. But the English law bas left the matter entirely to the mora] sense.
In the bosom of elaw; inthe protection of the law; in abeyance. 1 Coke, 13la; T. Raym. 319.
- Ingressdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
EGRESS, AND RE-
In English law. An ancient writ of entry, by which the plaintiff or complainant sought an entry into his lands. Abolished in 1833.
In old English law. Ingress; entry. Therelief paid by an heir fo the lord was sometimes socalled. Cowell.
In a large quantity or sum; without division or particulars; by wholesale. At large; not annexed to or dependent up-: on another thing. Common in gross is such as is neither append
An engrosser, Im grossator magni rotwit, engrosser of the great roll; afterwards called “elerk of the pipe.” Spelman; Cowell.
The act of making a fair and perfect copy of any document from a rough draft of it, in order that it may be executed or put to its final purpose.
- Inhabitantdefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
One who resides actually and permanently in a given place, and has his domicile there. “The words ‘inhabitant,’ ‘citizen,’ and ‘ restdent,’ as employed in different constitutions t
The Engtish ftalute of 3 & 4 Wm. LY. c. 106, by which the law of inheritance or descent has been considerably modified. 1 Steph. Comm. 35), (500,
- Inhibitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In ecclesiastical law. A writ issuing from a superior ecclesiastical court, forbidding an inferior judge to proceed further in a cause pending before him. In this sense it is close
In Scotch law. A writ in the sovereign’s name, passing the signet, which prohibits all and sundry from having transactions with a wife or giving her credit, Bell; Ersk. Inst. I, 6,
In old English law. Unseemly; not in due order. Fleta, lib. 1, c. 31, § 8. Iniquissima pax est anteponenda justissimo bello. The most unjust peace is to be preferred tothe justest
In old records. <A nook or corner of a common or fallow field, inclosed and cultivated. Kennett, Par. Antigq. 297, 293; Cowell.
In the same terms. 9% Hast, 487.
In the distinct, identical, or individual form; in specie, Story, Bailm. § 97.
Infinitely; indefinite
In the preliminaries. A term in Seotch practice, applied to the preliminary examination of a witness as to the following points: Whether he knows the parties, or bears ill will to
In or at the beginning. Im initio litis, at the beginning, or in the first stage of the suit. Braet, fol. 400.
‘To the original or former state. Calyin.
To excite a prejudice,
Against an unwilling party; against one not assenting. A term applied to proceedings against an adverse party, to which he does not consent.
In the very throat or entrance. Jn tpsis faucibus of a port, actually entering a port. 1. Rob. Adin, 288, 234.
In Scotch practice. A technical expression applied to the decision of an inferior judge who has decided contrary te law; he is said to have committed iniquity. Bell. Iniguum est al
Commenced: inchoate Curtesy tiritiate is the interest which a hus band has in the wife's lands after a child is
That which begins or stands atthe beginning. The first letter of a man’s name. INITIALIA TESTIMONII In Scotch law. Preliminaries of testimony. The preliminary examination of a witn
- Initiativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French law. The name given tothe important prerogative conferred by the echarte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws
In eyre; on a journey or circuit. In old English law, the justices in me itinere (or in eyre) were those who made a circuit through the kingdom onee in seven years for the purposes
Ina court of justice; in aseat of judgment. Lord Tale is called “one of the greatest and best men who ever satin judgment.” 1 East, 306. in judiciis, minori cetati succurritur. In
In Roman law. In the course of an actual trial; before a judge, K (judea.) A cause, during its preparatory stages, conducted before the pretor, was said to be ¢ jure; in its second
- Injunctiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, fo
In another’s right. Hale, Anal. § 26. In jure, non remota causa sed proxima spectatur. Dac. Max. reg. 1. In law, the proximate, and not the remote, cause is regarded.
In one’s own right. Hale, Anal. § 26.
Injury; wrong; the privation or violation of right. 3 Bl. Comm. 2.
Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain an action. Injuria fit el cui convicium dictum est, v
In Louisiana, Slander, or libelous words. Civil Code La, art. 3501.
- Injurydefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Any wrong or damage done to another, either in his person, rights, reps tation, or property. In the civil law. A delict committed in contempt or outrage of any one, whereby his bod
To call, cite, or summon to court. Inst. 4, 16, 3; Calvin. in jus vecando, summoning to court. 8 Bl. Comm. 279.
In the same kind, class, or genus. A loan is returned “in kind” when not the identical ariicle, but one corresponding and equivalent to it, is given to the lender. Seo IN GENERE.
- Inlagaredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In old English law, To restore to protection of law. ‘Te restore a man from the condition of outlawry. Op. posed to wtlagare. Bract. lib. u, tr. 2, ¢. 14, § 1; Du Cange,
Restoration to the protection of law. Restoration from a condition of outlawry.
A person within the law’s protection; contrary to utlagh, an outlaw. Cowell.
Within a country, state, or territory; within the same country. In old English law, inland was used for the demesne (g. v.) of a manor; that part which lay next or most convenient
In the intendment, contemplation, or inference of the law; implied or inferred by law; existing in law or by force of law. See In Fact.
Onthe deathbed. Fleta, lib. 5, ¢. 28, § 12.
Onorat thethreshold; at the very beginning; preliminarily.
For a suit; to the suit. Greenl. Ey. § 348.
In place; in lieu; instead; in the place or stead. Townsh. Pl. 38.
In the place of a parent; instead of a parent; charged, factitiously, with a parent’s rights, duties, and responsibilities. In majore summa continetur minor.,, 5 Coke, 115. In the
For greater security. 1 Strange, 105, arg.
Inabadsense, so as to wear an evil appearance. In maleficiis voluntas spectatur, non exitus. In evil deeds regard must be bad to In mateficio, ratihabitio mandato comparatur. Ina c
Into the heart of ihe subject, without preface or introduction.
Intermediate. A teri ap plied, in Scotch practice, to a fund held between parties litigant. In mercibus illicitis non sit commercium. MThereshould beno commerce in illicit or prohi
To bein mercy is to be at the discretion of the king, lord, or judge in ——— respect to the imposition of a fine or other punishment,
The entry on ——— the record where a party was in mercy was, “Tdeo in misericordia,* etc. Sometimes “misericordia” means the being quit of all amercements. ee IN MITLORI SENSU. In t
In the manner or form of an assize. Bract. fol. 183. In modum jurata, in manner of a jury. Id. fol. 1816. ee IN MORA. In default; literally, in delay. In the civil law, a borrower
Property owned by religious societies was said to be held ta mortua manu, or in mortmain, since religious men were civiliter mortut. 1 Bl. Comm. 479; Tay]. Gloss.
A pledge.
Iminsurance law, Tie condition of being innavigable, (q. v.) The foreign writers distinguish “innavigability” from “shipwreck.” 8 Kent, Comm. 323, and note. The term is also applie
- Innavigabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Asapplied to streams, not capable of or suitable for navigation; impassable by ships or vessels, As applied to vessels in the law of marine insurance, it means unit for navigation;
A technical term of the English law of conveyancing, used to designate such conveyances as may be made bya leaschold tenant without working a forfeiture. These are said to ba lease
A serjeant or queen’s counsel, in England, who is admitted to plead within the bar.
The namegiven to the chambers in which the first and second divisions of the court of session in Scotland hold their sittings. See Ourer House.
- Inningsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In old records. Lands recovered from the sea by draining and banke ing. Cowell.
- Innkeeperdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who keeps an inn or house for the lodging and entertainment of travelers. The keeper of a common inn for the lodging and entertainment of travelers and passengers, their horses
- Innocencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
The absence of guilt. The law presumes in favor of innocence.
In thecivillaw. Not named or classed; belonging to no specific class; ranking under a general head. A term applied to those contracfs for which no certain or precise remedy was app
literally, are the “unclassified” contracts of Roman law. They are contracts which are neither ve, verbis, literis, nor conscnsté simply, but some mixture of or variation upon two
Lat. Wemake known. A term formerly applied to-letters patent, derived from the emphatic word at the conclusion of the Latin forms. It was a species of exemplification of charters o
In the notes. In novo casu, novum remedium appopndaum est. 2 Inst. 3. <A new remedy is te be applied to a new case.
- Innovationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In Scotch law. The exchange of one obligation for another, so as to make the second obligation come in the place of the first, and be the only subsisting obligation against the deb
Inold English law. To purge one of a fault and make him innocent.
- Inns Of Chancerydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
So called because anciently inhabited by such clerks as chiefly studied the framing of writs, which regularly belonged to the cursitors, who were officers of the court of chancery.
- Innuendodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
This Latin word (commonly translated “meaning”) was the technical beginning of that clause in a declaration or indictment for slander or libel in which the application of the langu
In hatred of a despoiler, robber, or wrong-doer. 1 Gall. 174; 2 Story, 99; 1 Greenl. Ev. § 348. In odium spoliatoris omnia przesumuntur. To the prejudice (in condemnation) of a des
In the civil law. Tnoficious; contrary to natural duty or affection. Used of a will of a parent which disinherited a child without just cause, or that of a child which disinherited
- Inofficious Testamentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A will not in accordanca with the testator’s natural
in all things; on all points. “A case parallel in omnibus.” 10 Mod. 104. In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur. In all contracts, whether
In acountry which is at peace,
In the peace of God and the king. Fleta, lib. 1, ¢ 31, § 6. Formal words in old appeals of murder.
This phrase, a8 applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said Lo make a request in pais for her dower whe
A term formerly applied rows, 1098. Probably from the circumstance of the record being always on parchment. The opposite of “on record.” 1 Burrows, 322,
In equal fault; equally culpable or criminal; in a case of equal fault or guilt. In pari delicto potior est conditio possidentis, [defendentis.] In a case of equal or mutual fault
In an equal cause. In & cause where the parties on each side have equal rights.. In pari causa possessor potior haberi debst. In an equal cause he who has the possession should be
Upon the same matter or subject. Statutes in part materia are 10 be construed together. 7 Conn. 456.
In suffering, permitting, or allowing,
Inthe breast of the judge. Latch, 180. A phrase applied to a judgment.
In the worst part; on the worst side. Latch, 159, 160.
In perpetual memory of a matter; for preserving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent. IN PERPETUUM REI TESTIMO-