Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,092 terms defined in Black's Law Dictionary. Browse all dictionaries
The working cause; that cause which produces effects or results; an intervening cause, which produces results which would not have come to pass except for its interposition, and fo
The corporeal representation of a person. To make the effigy of a person with an intent to make him the object of ridicule is a libel. 2 Chit Crim. Law, 866.
The running of a prescribed period of time to its end; expiration by lapse of time. Particularly applied to the termination of a lease by the expiration of the term for which it wa
When this phrase is used in leases, conveyances, and other like deeds or in agreements expressed in simple writing, it indicates the conclusion or expiration of an agreed term of y
Forcibly; applied to military force,
A breach made by the use of force.
One who breaks through; one who commits a burglary.
- Effusio Sanguinisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The shedding of blood; the mulct, fine, icite or penalty imposed for the shedding of blood, which the king granted to many lords of manors. Cowell; Tomlins. See
In Saxon law. Ways, walks or hedges. Blount.
An abbreviation of exempli gratia. For the sake of an example.
Owelty, (q. v.) Co.. Litt. 169a.
I; myself. This term is used in forming genealogical tables, to represent the person who is the object of inquiry.
I, such a one. Words used in describing the forms of old deeds. Fleta, llb. 3, c. 14, § 5.
- Egrediens Et Exeunsdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old pleading. Going forth and issuing out of (land.) Townsh. PI. 17.
Commonly called "Gypsies," (in old English statutes,) are counterfeit rogues, Welsh or English, that disguise themselves in speech and apparel, and wander up and down the country,
An Island. Cowell.
- Eignedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
L. Fr. Eldest; eldest-born. The term is of common occurrence in the old books. Thus, bastard eigne means an illegitimate son whose parents afterwards marry and have a second son fo
- Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sitdefined inBlack's (1910)
The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof.
In Scotch law. An addition; as, eik to a reversion, eik, to a cenfirmation. Bell.
Eldership. See Esnect.
In English law. The oldest; the first-born. Spelman.
To him to whom nothing is enough, nothing is base. 4 Inst. 53.
A name formerly given to a justice of the peace. In the Digests, the word is written "irenarcha
In old English law. A journey, route or circuit. Justices in eire were judges who were sent by commission, every seven years, into various counties to hold the assizes and hear ple
- Eisdem modis dissolvitur obligatio qui nascitur ex contractu, vel quasi, quibus contrabiturdefined inBlack's (1910)
An obligation which arises from contract or quasi contract, is dissolved in the same ways in which it is contracted. Fleta, llb. 2, c. 60, § 19.
The senior; the oldest son. Spelled, also, "eigne," "einsne," "aisne," "eign." Termes de la Ley; Kelham.
The share of the oldest son. The portion acquired by primogeniture. 'Termes de la Ley; Co.Litt. 1666; Cowell.
May be used In the sense of "each." Chidester v. Railway Co., 59 III. 87. This word does not mean "all;" but does mean, one or the other of two or more specified things. Ft. Worth
- Ejectdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To cast or throw out; to oust or dispossess; to put or turn out of possession. 3'Bl. Comm. 198, 199, 200. See Bohannon v. Southern Ry. Co., 112 Ky. 106, 65 S. W. 169.
In old English law. A woman ravished or deflowered or cast forth from the virtuous. Blount.
A turning out of possession. 3 Bl. Comm. 199.
In old English law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment do garde," was the title of a writ which lay for a guardian when turned
Ejection or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, r
- Ejectmentdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmœ) which lay for the recovery of the possession of land, and for dam
A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction
One who ejects, puts out or dispossesses another. —Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action,
- Ejectumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
That which is thrown np by the sea. Also jetsam, wreck, etc.
In old English lsw. A whoremonger. Blount
In Spanish law. The name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It coresponds to the actio exercit
In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 15 Cal. 554.
Renouncing or resigning one's place.
- Ejusdem Generisdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Of the same kind, class or nature. In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration of persons or things, by words of a parti
It is his to interpret whose it is to enact. Tayl. Civil Law, 96.
He who can wlll, [exercise volition,] has a right to refuse to will, [to withhold consent.] Dig. 50, 7, 3.
He who has the dominion or advantage has the risk.
No guilt attaches to him who is compelled to obsy. Dig. 50, 17, 169, pr. Obedience to existing laws is a sufficient extenuation of guilt before a civil tribunal. Broom, Max. 12, no
In old European law. To gain, acquire or purchase, as by labar and industry.
Property which ls the acquisition of labor. Spelman.
A distinguished body of men, elected as masters of Trinity House, an institution incorporated In the reign of Henry VIII., charged with numerous importent duties relating to the ma
A title of earlier date, but coming simultaneously into operation with a title of younger origin, is called the "elder title," and prevails.
He or she who has the greatest age. The "eldest son" is the first-born son. If there ls only one son, he may still be described as the "eldest" L. R. 7 H. L. 644.
He who has chosen one way cannot have recourse to another. 10 Toull. no. 170.
The word "elected," in its ordinary signification, carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot be held the synonym of any other mod
The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.
- Electio est interna libera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo et volnntatedefined inBlack's (1910)
Dyer, 281. Election Is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.
- Electiondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of choosing or selecting one or more from a greater number of persons, things, courses or rights. The choice of an alternative. Sinte v. Tucker, 54 Ala. 210. The internal,
In English law. Officers annually appointed, to whom was committed the duty of taking and publishing the account of ali expenses incurred at parliamentary elections. See 17 & 18 Vi
A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections. Chase v. Miller, 41 Pa. 420;
A name sometimes given to the provision which a law or statute makes for a widow in case she "elects" to rej'ect the provision made for her in the will and take what the statute ac
- Electiones fiant rite et libere sine interruptione aliquadefined inBallentine's (1916)Black's (1910)
Elections should be made in due form, and freely, without any interruption. 2 Inst 169.
In English law. Judges of the high court selected in pursuance of 31 & 32 Viet. c. 125, § 11, and Jud. Act 18.73, § 38, for the trial of election petitions.
Petitions for inquiry into the validity of elections of members of parliament, when it is alleged that the return of a member is invalid for bribery or any other reason. These peti
Co. Litt. 146. Election once made, and pica witnessed, suffers not a recall.
Dependent upon choice; bestowed or passing by election. Also pertaining or relating to elections; cohferring the right or power to vote at elections. —Elective franchise. The right
The right of suffrage; the right or privilege of voting in public elections.
One which is to be filled by popular election. Rev. Laws Mass. 1902, p. 104, c. 11, § 1.
A duly qualified voter; one who has a vote in the choice of any officer; a constituent. Appeal of Cusick, 136 Pa. 459, 20 Atl. 574, 10 L. R. A. 228; Bergevin v. Curtz, 127 Cal. 86,
Pertaining to electors or elections; composed or consisting of electors. —Electoral college. The body of princes formerly entitled to elect the emperor of Germany. Also a name some
The body of princes formerly entitled to elect the emperor of Germany. Also a name sometimes given, in the United States, to the body of electors chosen by the people to elect the
Persons chosen by the people at a so-called "presidential election." to elect a president, and vice-president of the United States.
To put to death by passing through the body a current of electricity of high power. This term, descriptive of the method of inflicting the death penalty on convicted criminals in s
Possessions belonging to the church. Blount.
A penny which King Ethelred ordered to be paid for every plow in England towards the support of the poor. Leg. Ethel, c. 1.
The place in a religious house where the common aims were deposited, and thence by the almoner distributed to the poor. In old English law. The aumerie, aumbry, or ambry; words sti
In old English law. An almoner or chief officer, who received the eleemosynary rents anl gifts, and in due method distributed them to pious and charitable uses. Cowell; Wharton. Th
Relating to the distribution of alms, bounty or charity; charitable. —Eleemosynary corporations. See Corporations.
See Corporations.
In the civil law. Accurately ; with discrimination. Veazie v. Willlams, 3 Siprv 611, 636, Fed. Cas. No. 16,907.
- Elegitdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
(Lat. He has chosen.) This is the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I. c. 18) either upon a judgment for a debt or d
The forces of nature. The elements are the mcans through which God acts, and "damages by the elements" means the same thing as "damages by the act of God." Polack v. Pioche, 35 Cal
- Eligibledefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
As applled to a candidate for an elective offico, this term'mcans capable of being chosen; the subject of selection or choice; and also implies competency to hold the office if cho
In old English law. The act of banishing or turning out of doors; rejection.
The punishment of cutting out the tongue.
- Elisorsdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. Electors or choosers. Persons appointed by the court to execute writs of venire, in cases where both the sheriff and coroner are disqualified from acting, and whose du
A measure of length, answering to the modern yard. 1 Bl. Comm. 275.
In the civil law. A will or testament.
In practice. (Fr. Eloigner, to remove to a distance; to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff.
The getting a thing or person out of the way ; or removing it to a distance, so as to be out of reach. Garneau v. Mill Co., 8 Wash. 467, 36 Pac. 463.
In practice. Eloigned; carried away to a distance. The old form of the return made by a sheriff to a/writ of replevin, stating that the goods or beasts had bcen eloigned; that is,
Eloigned. A return made by a sheriff to a writ de homine replegiando, stating that the party to be replevied has been eloigned or conveyed out of his jurisdiction. 3 Bl. Comm. 129.
In England, where in a proceeding by foreign attachment the plaintiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be appraise
- Elopementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The act of a wife who voluntarily deserts her husband to cohabit with another man. 2 Bl. Comm. 130. To constitute an elopement, the wife must not only leave the husband, but go bey
In another place; in any other place. See 1 Vern. 4, and note. In shipping articles, this term, following the designation of the port of destination, must be construed either as vo
In old plcading. Spring tides. Townsh. PI. 197.
- Emancipationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The act by which one who was unfree or under the power and control of another, is set at liberty and made his own master. Fremont v. Sandown, 56 N. H. 303; Porter v. Powell, 79 Iow
An' executive proclamation, declaring that all persons held in slavery in certain designated states and districts were and shonid remain free. It was issued January 1, 1863, by Abr
- Embargodefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A proclamation or order of state, usually issued in time of war or threatened hostilities, prohibiting the departure of ships or goods from some or all the ports of such state unti
See Ambassador.
The message or commission given by a sovereign or state to a minister, calied an "ambassador," empowered to treat or communicate with another sovereign or state; also the establish
In ecclesiastical law. Those days which the ancient fathers calied "quatuor tempora jejunii" are of great antiquity in the church. They are observed on Wednesday, Friday, and Satur