Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,566 terms defined in Black's Law Dictionary. Browse all dictionaries
In the Roman system of notation, this letter stands for five hundred; and, when a horizontal dash or stroke is placed above It, it denotes five thousand. The fourth letter of the E
Lat (Will you give? I wlll give.) In the Roman law. One of the forms of making a verbal stipulation. Inst. 3, 15, 1; Bract fob 156.
In Spanish law. The real and effective delivery of an object in the execution of a contract.
A kind of gun. 1 How. State Tr. 1124, 1125.
The raised floor at the upper end of a hall.
Every day; every day in the week; every day in the week except one. A newspaper which is published six days in each week is a "dally" newspaper. Richardson v. Tobin, 45 Cal. 30; Tr
Ten hides. Blount
Fictitious names of places, used in the English books, as examples. "The manor of Dale and the manor of Sale, lying bath in Vale."
A certain measure of land; such narrow slips of pasture as are left between the plowed furrows in arable land. Cowell.
- Damdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A construction of wood, stone or other materials, made across a stream for the purpose of penning back the waters. This word'is used in two different senses. It properly means the
- Damagedefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Loss, injury or deterioration, caused by the negligence, design or accident of one person to another, in respect of the latter's person or property. The word is to be distinguished
- Damage-cleerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen's bench and exchequer, out of nil damages exceeding five marks recovered in those courts,
Goods, subject to duties, which have received some injury either in the voyage home or while bonded in warehouse.
Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage JS7 treading down the grass, grain, etc. 3 Bl. Comm. 7, 211; Tomlins. This phras
- Damagesdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment or injury, whether to his person, property or rights, thr
Additional damages claimed by a plaintiff not satisfied with those paid into court by the defendant.
In old English law. Causing damage or loss, as distinguished from torcenouse, wrongful. Britt, c. 61.
While he shall conduct himself well; during good behavior. Expressive of a tenure of office not dependent upon the pleasure of the appointing power, nor for a limited period, but t
In English law. The legal designation of the wife of a knight or baronet.
- Damnadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Damages, both inclusive and exclusive of costs.
- Damnatusdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Condemned ; prohibited by law; unlawful. Damnatus coitus, an uniawful connection.
That which causes damage or loss.
To cause damage or injurious loss to a person or put him in a position where he must sustain it. A surety is "damnified" when a judgment has been obtained against him. McLean v. Ba
An action given by the civil law for the damage done by one who intentionally injured the slave or beast of another. Calvin.
In the civil law. A losing inheritance; an inheritance that was a charge, instead of a benefit. Dig. 50, 16, 119. The term has also been applied to that species of property of a ba
- Damnumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Lat In the civil law. Damage; the loss or diminution of what is a man's own, either by fraud, carelessness, or accident. In pleading and old English law. Damage ; loss. —Damnum fat
Loss, hurt or harm without injury in the legal sense, that ls, without such an invasion of rights as is redressible by an action. A loss which does not give rise to an action of da
Fatal damage; damage from fate ; loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not liable; such as shipwre
In Roman law. Damage not yet committed, but threatened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quasi-d
In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Rom. Law, § 178.
Lofft, 112. There may be damage or Injury inflicted without any act of injustice.
Anciently the better sort of men in England had this title; so the Spanish Don. The old term of honor for men, as we now say Master or Mister. Wharton.
A tribute of ls. and afterwards of 2s. upon every hide of land through the realm, levied by the Anglo-Saxons, for maintaining such a number of forces as were thought sufficient to
- Danelagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A system of laws introduced by the Danes on their invasion and conquest of England, and which was principally maintained in some of the midland counties, and also on the eastern co
Jeopardy; exposure to loss or injury; peril. U. S. v. Mays, 1 Idaho, 770. —Dangers of navigation. The same as "dangers of the sea" or "perils of the sen." See infra. —Dangers of th
In old English law. A money payment made by forest-tenants, that they might have liberty to plow and sow in time of pannage or mast feeding.
- Dangerous Weapondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One dangerous to life; one by the use of which a fatal wound may probably or possibly be given. As the manner of use enters into the consideration as well as other circumstances, t
The same as "dangers of the sea" or "perils of the sen." See infra.
This phrase, as used in bills of lading, means only the nafu-ral accidents incident to river navigation, and does not embrace such as may be avoided by' the exercise of that skill,
This phrase, in a bill of lading, when it refers to inland transportation. means such dangers as are immediately caused by roads, as the overturning of carriages in rough and preci
- Dangers of the seadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
The expression "dangers of the sea" means those accidents peculiar to navigation that are of an extraordinary nature, or arise from irresistible force or overwhelming power, which
The act of lending money on usury.
In Spanish law. Damage; the deterioration, injury or destruction which a man suffers with respect to his person or his property by the fault (culpa) of another. White, New Recop. b
One who gives and yet retains does not give effectually. Tray. Lat Max. 129. Or, one who gives, yet retains, [possession,] gives nothing.
- Dapiferdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A steward either of a king or lord. Spelman.
Lat. In the civil law. To transfer property. When this transfer is made in order to discharge a debt, it is datio solvendi animo; when in order to receive an equivalent, to create
To give away in fee or forever.
To clear a legal account; to answer an accusation; to settle a controversy.
- Darreindefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In Fr. Last —Darrein continuance. The last continuance. —Darrein presentment. In old English law. The last presentment. See Assise of Darrein Presentment. —Darrein seisin. Last sei
The last continuance.
In old English law. The last presentment. See Assise of Darrein Presentment.
Last seisin. A plea which lay in some cases for the tenant in a writ of right See 1 Rose. Real Act. 206.
In old practice and conveyancing. The date of a deed; the time when it was given; that is, executed. Grounds whereon to proceed; facts from which to draw a conclusion.
- Datedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
The specification or mention, in a written instrument, of the time (day and year) when it was made. Also the time so specified. That part of a deed or writing which expresses the d
In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the formality of registration; after this formality has been complied with, the par
In the civll law. A gift; a giving of something. It is not exactly synonymous with "donation." for the latter implies generosity or liberality in making a gift, while dation may me
In French law. A giving by the debtor and receipt by the creditor of something in payment of a debt, instead of a sum of money. It is somewhat like the accord and satisfaction of t
- Dativedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A word derived from the Roman law, signlfying "appointed by public authority." Thus, in Scotland, an executor-dative is an executor appointed by a court of justice, corresponding t
In the civll law. A giving or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfaction. Called, in modem law, "dation."
3 Bulst. 18. Give the things which are yours whilst they are yours; after dcath they are not yours.
A first principle; a thing given; a date.
It is given to the more worthy. 2 Vent 268.
An immediate female descendant People v. Kaiser, 119 Gal. 456, 51 Pac. 702. May include the issue of a daughter. Buchanan v. Lloyd, 88 Md. 462, 41 Atl. 1075; Jamison v. Hay, 46 Mo.
The wlfe of one's son.
In French law. The title of the eldest sons of the kings of France. Disused since 1830.
- Daydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
1. A period of time consisting of twenty-four hours and Including the solar day and the night. Co. Litt. 135a; Fox v. Abel, 2 Conn. 54L 2. The space of time which elapses between t
- Day-Bookdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A tradesman's account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries.
A fixed or appointed day; a specified particular day; a day in term. Regina v. Conyers, 8 Q. B. 99L
A dairy. CowelL
The time appointed for one whose rights are called judicially in question, or liable to be affected by judicial action, to appear in court and be heard in his own behalf. This phra
That portion of time beforesunrise, and after sunset, which is accounted part of the day, (as distinguished from night,) in defining the offense of burglary. 4 Bl. Comm. 224; Cro.
In English law. A permission granted to a prisoner to go out of prison, for the purpose of transacting his business, as to hear a case in which he Is concerned at the assizes, etc.
(In Lat dies in banco.) In practice. Certain stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of common pl
- Daysmandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An arbitrator, umpire or elected judge. Cowell.
- Days of Gracedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)Bouvier (1839)
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 rendered
The time during which there is the light of day, as distinguished from night or night-time. That portion of the twenty-four hours during which a man's person and countenance are di
- Dayweredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. A term applied to land, and signifying as much arable ground as could be plowed up in one day's work. Cowell.
An abbreviation for de bene esse, (q. v.)
- D.B.N.defined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
An abbreviation for de bonis non; deseriptive of a species of administration.
An abbreviation standing either for "District Court," or "District of Columbia."
A Latin preposition, signifying of; by; from; out of; affecting; concerning; respecting.
- Deacondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In ecclesiastical law. A minister or servant in the church, whose office ls to assist the priest in divine service and the distribution of the sacrament. It is the lowest order in
Of (about) acquiring the ownership of things. Dig. 41, 1; Bract lib. 2, fol. 8b.
A corpse. The body of a human being, deprived of life, but not yet entirely disintegrated. Meads v. Dougherty County, 98 Ga. 607, 25 S. E. 915.
- Dead Freightdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
When a merchant who has chartered a vessel puts on board a part only of the intended cargo, but yet, having chartered the whole vessel, is bound to pay freight for the unoccupied c
This term is applied to persons other than the officers, agents or employes of a railroad company who are permitted by the company to travel on the road without paying any fare the
Letters which the postal department has not been able to deliver to the persons for whom they were intended. They are sent to the "dead-letter office," where they are opened, and r
In old European law. A profession of irreconcilable hatred till a person is revenged even by the death of his enemy.
- Deadly Weapondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Such weapons or Instruments as are made and designed for offensive or defensive purposes or for the destruction of life or the infliction of injury. Com. v. Branham, 8 Bush (Ky.) 3
In English law. That portion of the effects of a deceased person which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow
Of admeasurement. Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pasturœ was a writ for the admeasurement of pasture.
- Dead-Pledgedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A mortgage; mortuum vadium.
In English law. A rent payable on a mining lease in addition to a royalty, so called because it is payable although the mine may uot be worked.
- Dead's Partdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Scotch law. The part remaining over beyond the shares secured to the widow and children by law. Of this the testator had the unqualified disposal. Bell.
A future use.
L. Lat With or by the advice of our counell. A phrase used in the old writs of summons to parllament. Crabb, Eng. Law, 240.
A man that is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot, he being supposed incapable of any understanding. 1 Bl. Comm. 304. Neverthele
- Deafforestdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. To discharge from being forest. To free from forest laws.
To traffic; to transact business; to trade. Makers of an accommodation note are deemed dealers with whoever discounts it. Vernon v. Manhattan Co.., 17 Wend. (N. Y.) 524. —Dealer. A
About gamesters. The name of a title in the Pandects. Dig. 11, 5.