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
- Embezzlementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The fraudulent appropriation to his own use or benefit of property or money intrusted to him by another, by a clerk, agent, trustee, public officer or other person acting in a fidu
In the Roman law. Alterations, modifications, and additions to the writings of the older jurists, selected to make up the body of the Pandects, introduced by Tribonian and his asso
- Emblementsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The vegetable chattels called "emblements" are the corn and other growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are call
L Fr. A stealing from the people. The phrase occurs in the old rolis of parliament: "Whereas divers murders, emblers de gentz, and robberies are committed," etc.
In medical jurisprudence. The mechanical obstruction of an artery or capillary by some body traveling in the blood current, as, a blood-clot (embolus), a globule of fat or an air-b
- Embraceordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
A person guilty of the offense of embracery, (q. v.) See Co. Litt. 369.
- Embracerydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In criminal law. This offense consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertainments, douceurs, and th
Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman.
An old word still made use of in the accounts of the society of the Inner Temple, where so much in emendals at the foot of an account on the balance thereof signifies so much money
- Emendaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon law. To make amends or satisfaction for any crime or trespass committed; to pay a fine; to be fined. Speiman. Emendare se, to redeem or ransom one's life, by payment of a
In old English law. Amendment, or correction. The power of amending and correcting abuses, according to certain rules and measures. Cowell. In Saxon law. A pecuniary satisfaction f
In old English law. The power of supervising and correcting the weights and measures of bread and ale, (assising bread and beer.) Cowell.
To arise; to come to light. "Unices a matter happen to emerge after issue joined." Hale, Anal. § 1.
The epoch or date whence any people begin to compute their time.
- Emigrantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One who quits his country for any lawful reason, with a design to settle elsewhere, and who takes his famlly and property, if he has any, with hiin. Vat-tel, to. 1, c. 19, § 224. S
- Emigrationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of changing one's domiclle from one country or sinte to another. It is to be distinguished from "expatriation." The latter means the abandonment of one's country and renunc
An honorary title given to cardinals. They were called "illustrissimi" and "reverendissimi" until the pontificate of Urban VIIL
- Eminent Domaindefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Eminent domain is the right of the pcople or government to take private property for public use. Code Civ. Proc. Cal. § 1237; Cherokee Nation v. Southern Kan. R. Co. (D. C.) 33 Fed
A person sent upon a mission as the agent of another; also a secret agent sent to ascertain the sentiments and designs of others, and to propagate opinions favorable to his employe
- Emissiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In medical jurisprudence. The ejection or throwing out of any secretion or other matter from the body; the expulsion of urine, semen, etc.
- Emitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In American law. To put forth or send out; to issue, "No state shall emit bills of credit." Const. U. S. art. 1, § 10. To issue; to give forth with authority; to put into circulati
In medical jurisprudence. The name of a class of medicines supposed to have the property of promoting the menstrual discharge, and sometimes used for the purpose of procuring abort
The profit arising from office or employment; that which is recoived as a compensation for services or which is annexed to the possession of office as salary, fees, and perquisites
- Emotional Insanitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The species of mental aberration producod by a violent excitement of the emotions or passions, though the reasoning faculties may remain unimpaired. See Insanity.
In ancient law. A mode of inflicting punishment, by thrusting a sharp pole up the fundament. Enc. Lond.
See Imfanel.
See Imparlance.
In Fr. Undertakers of suite. Kelham.
The title of the sovereign ruler of an empire. This designation was adopted by the rulers of the Roman world after the decay of the republic, and was assumed by those who claimed t
- Emphyteusisdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
In the Roman and civil law. A contract by which a landed estate was leased to a tenant, either in perpetuity or for a long term of years, upon the reservation of an annual rent or
- Emphyteutadefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law. The person to whom an emphyteusis ls granted; the lessee or tenant under a contract of emphyteusis.
In the civll law. Founded on, growing out of or having the character of, an emphyteusis; held under an emphyteusis. 3 Bl. Comm. 232.
The dominion or jurisdiction of an emperor; the region over which the dominion of an emperor extends; imperial power; supreme dominion; severeign command.
A practitioner in medicine or surgery, who proceeds on experience only, without science or legal qualification; a quack. Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501,
In Spanish law. A summons or citation, issued by authority of a judge, requiring the person to whom it is addressed to appear bsfore the tribunal at a designated day and hour.
To indict; to prefer a charge against; to accuse.
In French law. Equitable conversion. When property covered by the regime dotal is sold, the proceeds of the sale must be reinvested for the benefit of the wife. It is the duty of t
To engage in one's service; to use as an agent or substitute in transacting business; to commission and intrust with the management of one's affairs; and, when used in respect to a
This signifies both the act of doing a thing and the being under contract or orders to do It. U. S. v. Morris, 14 Pet. 475, 10 L. Ed. 543; In S. v. The Catharine, 2 Paine, 721, Fed
This word "is from the French, but has become somewhat naturalized in our language. Strictly and etymologically, It means la person employed,' but, in practice in the French langua
One who employs the services of others; onq for whom employees work and who pays their wages or salaries. —Employers' liability acts. Statutes defining or limiting the occasions an
Statutes defining or limiting the occasions and the extent to which employers shall be liable in damages for injuries to their employees occurring in the course of the employment,
In this form of insurance the risk insured against is the liability of the assured to make compensation or pay damages for an accident, injury, or death occurring to a servant or o
This word does not necessarily import an engagement or rendering services for another. A person may as well be "employed" about his own business as in the transaction of the same f
A place for wholesale trade in commodities carried by sea. The name is sometimes applied to a seaport town, tint it properly significa only a particular place in such a town. Smith
In Mexican law. Undertakers or promoters of extensive enterprises, aided by concessions or monopolistic grants from government; particularly, persens receiving extensive land grani
In Spanish law. A loan. Something lent to the borrower at his request. Las Partidas, pt. 3, tit 18, 1. 70.
In the Roman and civll law. The act of buying; a purchase. —Emptio honorum. A species of forced assignment for the benefit of creditors; being a public sale of an insolvent debtor'
Purchase and sale ; sometimes translated "eruption and vendition." The name of the contract of sale in the Roman law. Inst. 3, 23 ; Bract, fol. 616. Sometimes made a compound word,
A species of forced assignment for the benefit of creditors; being a public sale of an insolvent debtor's estate whereby the purchaser succeeded to all his property, rights, and cl
Lat A buyer or purchaser. Used in the maxim "caveat emptor," let the buyer beware; i. e., the buyer of an articie must be on his guard and take the risks of his purchase. Emptor em
In the civil law. Purchase. This form of the word is used in the Digests and Code. Dig. 18, 1; Cod. 4, 49. See Emptio.
In the civil law. A buyer or purchaser; the buyer. Dig. 18, 1; Cod. 4, 49.
In the civil law. A female purchaser; the purchaser. Cod. 4, 54, 1.
When the donor of a power, who is the owner of the estote, confers upon persons not seised of the fee the right of creating interests to take effect out of it, which could not be d
- Enabling Statutedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of 32 Henry VIII. c. 28, by which tenants In tall, husbands seised in right of their wives, and others, were empowered to make leases for their lives or for twenty-one year
In Saxon law. The satisfaction for a crime; the recompense for a fault Skene.
- Enactdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
To establish by law; to perform or effect; to decree. The usual introductory formula in making laws is, "Be if enacted." In re Senate File, 25 Neb. 864, 41 N. W. 981. —Enacting cla
That part of a statute which declares its enactment and serves to
In Spanish and Mexican law. Alienation ; transfer of property. The act by which the property in a thing, by lucrative title, is transferred, as a donation ; or by onerous title, as
In Fr. In time past 2 Inst. 506.
In the right of another. See Auter Droit.
In Fr. In the bench. 1 Anders. 51.
L. Fr. To write down in short; to abbreviate, or, in old language, imbreviate; to put into a schedule. Britt, c. 1.
In French law. An acte is said to be en brevet when a copy of It has not bsen recorded by the notary who drew it.
In the civil law. A kind of ink or writing fluid appropriate to the use of the emperor. Cod. 1, 23, 6.
- Enceintedefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Pregnant. See Pregnancy.
The occasion, cause or reason for which anything is done. Termes de la Ley.
In the Scotch law. To shut up a jury after the case has been submitted to them. 2 Alls. Crim. Pr. 634. See Inclose.
See Inclosure.
In Spanish law. A grant from the crown to a private person of a certain portion of territory in the Spanish colonies, together with the concession of a certain number of the native
In criminal law. To Instigate; to incite to action; to give courage to; to inspirit; to embolden; to raise confidence; to make confident. Comitez v. Parkerson (C. C.) 50 Fed. 170;
- Encroachdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To gain unlawfully upon the lands, property or authority of another; as if one man presses upon the grounds of another too far or if a tenant owe two shillings rent-service, and th
- Encroachmentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
An encroachment upon a street or highway is a fixture, such as a wall or fence, which intrudes into or invades the highway or incloses a portion of it, diminishing its width or are
See Incumber.
See Incumbrance.
Object; intent. Things are construed according to the end. Finch, Law, b. 1, c. 3, no. 10.
A form of action used In Louisiana. Its object ls to have a contract declared judicially a simulation and a nullity, to remove a cloud from the title, and to bring back, for any le
In default. Used in Lonisiana of a debtor who fails to pay on demand according to the terms of his obligation. See Bryan v. Cox, 3 Mart. (La. N. S.) 574.
To make free; to enfranchise.
In mining law, the end lines of a claim, as platted or laid down on the ground, are those which mark its boundaries on the shorter dimension, where it crosses the vein, white the "
In medical jurisprudence. An inflammation of the muscular tissue of the heart.
- Endorsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Indorse.
In England, certain schools having endowments are distinctively known as "endowed schools;" and a series of acts of parliament regulating them are known as the "endowed schoois act
- Endowmentdefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
1. The assignment of dower; the setting off a woman's dower. 2 Bl. Comm. 135. 2. In appropriations of churches, (in English law,) the setting off a sufficient maintenance for the v
In life insurance. A policy the amount of which is payable to the assured himself at the end of a fixed term of years, if he is then living, or to his heirs or a named beneficiary
- Enemydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
In public law, signifies either the nation which is at war with another or a citizen or subject of such nation. —Alien enemy. An alien, that is, a citizen or subject of a foreign s
In international law, and particularly in the usage of prize courts, this term designates any property which is engaged or used in illegal intercourse with the public enemy, whethe
Co. Litt. 50. In an exchange It is desirable that the estates be equal.
Fr. In fact; in deed; actually.
- Enfeoffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To invest with an estate by feoffment. To make a gift of any corporeal hereditaments to another. See Feoffment.
The act of investing with any dignity or possession; also the instrument or deed by which a person is invested with possessions.
In Spanish law. Emphyteusis, (q. v.) See Mulford v. Le Franc, 20 Cal. 103.
To put into execution; to cause to take effect; to make effective; as, to enforce a writ, a judgment or the collection of a debt or fine. Breitenbach v. Bush, 44 Pa. 320, 84 Am. De
- Enfranchisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
To make free; to incorporate a man in a society or body politic.
- Enfranchisementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of making free; giving a franchise or freedom to; investiture with privileges or capacities of freedom or municipal or political liberty. Admission to the freedom of a city
In English law. The conversion of copyhold into freehold tenure, by a conveyance of the fee-simple of the property from the lord of the manor to the copyholder, or by a release fro
- Engagementdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In French law. A contract. The obligation arising from a quasi contract The terms "obligation" and "engagement" are said to be synonymous, (17 Toullier, no. 1;) but the Code seems
This is said to be a word of very general signification; and, when used to an act, its meaning must be sought out from the act itself, and the language which surrounds It, and also
A law was made by Canute, for the preservation of his Danes, that, when a man was killed, the hundred or town should be liable to be amerced, unless it could be proved that the per