Black's Law Dictionary

A Latin preposition, meaning from, out of, after or according. It occurs in many Latin phrases; but (in this form) only before a consonant When the initial of the following word is

Sax. The water or river; also the mouth of a river on the shore between high and low water-mark.

A distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one of two or more persons or things, composing the whole, separate

2 Inst. 622. The same cause is argued upon different principles before ecclesiastical and secular judges.

The same reason, the same law. Charles River Bridge v. Warren Bridge, 7 Pick. (Mass.) 493.

Hob. 154. The mind of the sovereign is presumed to be coincident with that of the law, and with that which it ought to be, especially in ambiguous matters.

That interpretation is to be received [or adopted] which is free from fault [or wrong.] The law will not intend a wrong. Bac. Max. 17, (in reg. 3.)

A gold coin of the United States of the value of ten dollars.

With that intent. Held not to make a cendition, but a confl-dence and trust. Dyer, 138 b.

The name of a Saxon magistrate; alderman; analogous to earl among the Danes, and senator among the Romans. See Alderman.

In old Saxon law. An elder or chief.

An archbishop.

Sax. The metropolis; the chief city. Obsolete.

(Fr. eale, Sax., ale, and hus, house.) An ale-house.

Sax. The privilege of assising and selling bser. Obsolete.

Those things which are said on sales, in the way of commendation, lf [the qualities of the thing sold] appear openly, do not bind the seller. Dig. 18, 1, 43, pr.

Those things which are impossible to be given or which are not in the nature of things, are regarded as not added, [as no part of an agreement] Dig. 50, 17, 135.

Co. Litt 289. Those things which are properly transacted in our ceurt ought to be committed to a due execution.

Those things which rarely happen are not to be taken into account in the transaction of business, without sufficient reason. Dig. 50, 17, 64.

In English law. Such grass which is upon the land after the mowing, until the feast of the Annunciation after. 3 Leon. 213.

A title of nobility, formerly the highest in England, now the third, ranking between a marquis and a viscount, and corresponding with the French "comte" and the German "graf." The

The dignity or jurisdiction of an earl. The dignity only remains now, as the jurisdiction has been given over to the sheriff. 1 Bl. Comm. 339.

Money given in part payment. See Earnest.

A great officer of state who had anciently several courts under his jurisdiction, as the court of chivalry and the court of honor. Under him is the-herald's office, or college of a

A mark put upon a thing to distinguish it from another. Originally and literally, a mark upon the ear; a mode of marking sheep and other animals. Property is said to be ear-marked

The payment of a part of the price of goods sold or the delivery of part of such goods, for the purpose of binding the contract. Howe v. Hayward, 108 Mass. 54, 11 Am. Rep. 306. A t

This term is used to denote a larger class of credits than would be included in the term "wages." Somers v. Keliher, 115 Mass. 165; Jenks v. Dyer, 102 Mass. 235. The gains of the p

Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. Dickinson v. Poughkeepsie, 75 N. Y. 76.

In the law of evidence. One who attests or can attest anything as heard by himself.

A right in the owner of one parcel of land, by reason of such ownership, to use the land of another foE a special purpose not inconsistent with a general property in the owner. 2 W

State, 11 Ark. 491; Atchison St. R. Co. v. Missouri Pac. R. Co., 31 Kan. 661, 3 Pac. 284; Orr v. Quimby, 54 N. H. 6l3. 7. In the law of contracts, an obligation; a deed, whereby th

In the customs laws of the United States, the term "countries east of the Cape of Good Hope" means countries with which, formerly, the United States ordinarily carried on commercia

A feast of the Christian church held in memory of our Saviour's resurrection. The Greeks and Latins call it "pascha," (passover,) to which Jewish feast our Easter answers. This fea

A coin struck by Richard II. which is supposed to have given rise to the name of "sterling," as applied to English money.

This word, when used alone, will be construed to mean "due cast." But that is a rule of necossity growing out of the indefiniteness of the term, and has no application where other

In English law. Small sums of money paid to the parochial clergy by the parishioners at Easter as a compensation for personal tithes, or the tithe for personal labar; recoverable u

In English law. One of the four terms of the courts. It is now a fixed term, beginning on the 15th of April and ending on the 8th of May in every year, though sometimes prolonged s

The name of a royal manor in the county of Kent, England; mentioned in royal grants or patents, as descriptive of the tenure of free socage.

The East India Company was originally established for prosecuting the trade between England and India, which they acquired a right to carry on exclusively. Since the middle of the

An easterly coast or country.

In criminni practice. Words used on the acquittal of a defendant, that he may go thence without a day, i. e., be dismissed without any further continuance or adjournment.

Any place where food or refreshments of any kind, not including spirits, wines, ale, beer or other malt liquors, are provided for casual visitors, and sold for consumption therein.

The edge of a roof, built so as to project over the wails of a house, in order that the rain may drop therefrom to the ground instead of running down the wall. Center St Church v.

The drip or dropping of water from the eaves of a house on the land of an adjacent owner; the easement of having the water so drip, or the servitude of submitting to such drip; the

In English criminal law. The offense of listening under walls or windows or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tele

In old English law. Ebb. Ebb a et fluctus; ebb and flow of tide; ebb and flood. Bract fols. 255, 338. The time occupied by one ebb and flood was anciently granted to persons essoin

An expression used formerly in this country to denote the limits of admiralty jurisdiction. See United States v. Abora, 3 Mason, 127, Fed. Can. No. 14,418; Hale v. Washington Ins.

In ecclesiastical law. An officer In cathedral churches who supervised the regular performance of divine service, and prescribed the particular duties of each person in the choir.

See Abebemurder.

In criminal law and medical jurisprudence. Drunkenness; alcoholic intoxication. Com. v. Whitney, 11 Cush. (Mass.) 479.

Co. Litt. 132 b. Behold indeed, a wonder that a woman has the king's writ without naming her husband, who by law is united to her.

In criminal law ahd medical jurisprudence. Personal or individual peculiarities of mind and disposition which markedly distinguish the subject from the ordinary, normal or average

In medical jurisprudent Blackness. It is an extravasation of blood by rupture of capillary vessels, and hence it follows confusion; but it may exist, as in cases of scurvy and othe

Lat An assembly. A Christian assembly; a church. A place of religious worship. Spelman.

Cro. Eliz. 479. A church ought not to pay tithes to a church.

2 Inst. 164. The church is the mansion-house of the Omnipotent God.

11 Chke, 49. The church ls under age, and in the custody of the king, who is bound to uphold and defend its rights and inheritances.

Co. Litt 341. The church enjoys the privllege of a minor; it can make its own condition better, but not worse.

2 Inst. 3. The church does not die,

The ruler of a church.

n. A clergyman; a priest; a man consecrated to the service of the church.

Something belonging to or set apart for the church, as distinguished from "civil" or "secular," with regard to the world. Wharton. —Ecclesiastical authorities. In England, the cler

In England, the clergy, under the sovereign, as temporal head of the Church, set apart from the rest of the people or laity, in order to superintend the public worship of God and t

In English law. A body corporate, erected by St. 6 & 7 Wm. IV, c. 77, empowered to suggest measures conducive to the efficiency of the established church, to be ratified by orders

In New England. A church court or tribunal, having functions partly judicial and partly advisory, appointed to determine questions relating to church discipline, orthodoxy, standin

A system of couris in England, held by authority of the sovereign, and having jurisdiction over matters pertaining to the religion and rifual of the established church, and the rig

This is a division into provinces, dioceses, archdeaconries, rural deaneries, and parishes.

Jurisdiction over ecclesiastical cases and controversies; such as appertains to the ecclesiastical courts. Short v. Stotts, 58 Ind. 35.

The body of jurisprudence administered by the ecclesiastical courts of England; derived, in large measure, from the canon and civil law. As now restricted, it applies mainly to the

This term, as used in the canon law, includes church buildings, church property, cemeteries, and property given to the church for the support of the poor or for any other pious use

The image or sculpture of a church in ancient times was often cut ont or cast in plate or other metal, and preserved as a religious treasure or relic, and to perpetuate the memory

The attorney, proctor or advocate of a corporation. Episcoporum ecdici; bishops' proctors; church lawyers. 1 Reeve, Eng. Law, 65.

Godol. Ecc. Law, 172. The church is to be more favored than the par-sen.

In French law. One of the two parts or pieces of a wooden tally. That in possession of the debtor is properly calied the "tally," the other "echantillon." Poth. Obi. pt 4, c. 1, ar

In French law. A municipal officer corresponding with alderman or burgess, and having in some instances a civll jurisdiction in certain causes of trilling importance.

in medical jurisprudence. The constant and senseless repetition of particular words or phrases, recognized as a sign or symptom of insanity or of aphasia.

In French marine law. Stranding. Emerig. Tr. des Ass. c. 12, s. 13, no. 1.

In medical jurisprudence. Puerperal convulsions; a convulsive seizure which sometimes suddenly attacks a woman in labar or directly after, generally attended by unconsciousness and

In medicine. That system followed by physicians who select their modes of practice and medicines from various schools. Webster. "Without professing to understand much of medicai ph

See Corporation.

In French marine law. The clerk of a ship. Emerig. Tr. des Ass. c. 11, s. 3, no. 2.

General; universal; as an ecnmenical councll. Groesbeeck v. Duns-comb, 41 How. Prae. (N. Y.) 344.

In Saxon law. The offense of hedge-brcaking. Obsolete.

In old records. Buildings;

A positive law promulgated by the sovereign of a country, and having reference either to the whole land or some of its divisions, but usually relating to affairs of state. It diffe

In Scotch law. A citation published at the market-cross of Edinburgh, and pier and shore of Leith. Used against foreigners not within the kingdom, but having a landed estate there,

A celebrated law for the security of Protestants, made by Henry IV. of France, and revoked by Louis XIV., October 2, 1685.

Thirteen constitutions or laws of this prince, found in most editions of the Corpus Juris Civilis, after the Novels. Being confined to matters of police in the provinces of the emp

In the Roman law. An edict; a mandate or ordinance. An ordinance or law, enacted by the emperor without the senate; belonging to the class of constitutiones principis. Inst. 1, 2,

Where a Roman prætor, upon assuming office, did not publish a wholly new edict, but retained the whole or a principal part of the edict of his predecessor (as was usually the case)

The annual edict or system of rules promulgated by a Roman praetor immediately upon assuming his office, setting forth the principles by which he would be guided in determining cau

The perpetual edict A compilation or system of law in fifty books, digested by Julian, a lawyer of great eminence under the reign of Adrian, from the prætor's edicts and other part

An edict or system of rules for the administration iof justice, similar to the edict of the prætor, put forth by the proconsuls and propraetors in the provinces of the Roman Empire

This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. 500. It

In old English law. Put forth or promulgated, when speaking of the passage of a statute; and brought forth, or born, when speaking of the birth of a child.

Within the meaning of a statute relative to the powers and duties of guardians, this term comprehends not merely the instruction received at school or college, but the whole course

The result which an instrument between parties will produce in their relative rights or which a statute will produce upon the existing law, as discovered from the language used, th

Personal estate or property. This word has been held to be more comprehensive than the word "goods," as including fixtures, which "goods" will not include. Bank' v. Byram, 131 111.

Wing. 226. The effort follows the cause.

In Turkish language. Master; a title of respect.