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
L. Fr. England.
In English law. A proceeding in the court of exchequer in matters ot revenue.
This phrase may refer to the place where the marriage is solemnized or it may refer to the nationality and domicile of the parties between whom it is solemnized, the place where th
In copyright law. The art of producing on hard material incised or raised patterns, lines, and the like, from which an impression or print is taken. The term may apply to a text or
Fr. In gross. Total; by wholesale.
- Engrossdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
To copy the rude draft of an instrument in a fair, large hand. To write out, in a large, fair hand, on parchment. In old criminal law. To buy up so much of a commodity on the marke
One who engrosses or writes on parchment in a large, fair hand. One who purchases large quantities of any commodity in order to acquire a monopoly, and to sell them again at high p
- Engrossingdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. The getting into one's possession or buying up, large quantities of corn or other dead victuals, with intent to sell them again. The total engrossing of any other c
This word, taken in an unqualified sense, is synonymous with "increased," and comprehends any increase of value, however caused or arising. Thorn-burn v. Doscher (C. Ct) 32 Fed. 81
In Fr. Inheritance.
The share of the eldest. A term of the English law descriptive of the lot or share chosen by the eldest of coparceners when they make a voluntary partition. The first choice (prime
Co. Litt. 166. The part of the elder sister is always to be preferred on account of the privilege of age.
- Enjoindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To require; command; positively direct To require a person, bjr writ of injunction from a court of equity, to perform or to abstain or desist from, some act. Clifford v. Stewart, 9
- Enjoymentdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The exercise of a right; the possession and fruition of a right, privllege or incorporeal hereditament. —Adverse enjoyment. The possession or exercise of an easement, under a claim
See Covenant.
Span. Judicially; in a court of law; in a suit at law. White, New Recop. hi 2, tit. 8, c. 1.
- Enlargedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To make larger; to increase ; to extend a time limit; to grant further time. Also to set at liberty one who has been imprisoned or in custody.
A species of release which inures by way of enlarging an estate, and consists of a conveyance of the ulterior interest to the particular tenant; as if there be tenant for life or y
Extending or making more comprehensive; as an enlarging statute, which is a remedial statute enlarging or extending the common law. 1 Bl. Comm. 86, 87.
- Enlistmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The act of one who voluntarily enters the military or naval service of the government, contracting to serve in a subordinate capacity. Morrissey v. Perry, 137 U. S. 157, 11 Sup. Ct
Fr. In a mass; in a lump; at wholesale.
L. Fr. In a dead hand; in mortmain. Britt, c. 43.
- Enormiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
In old practice and pleading. Uniawful or wrongful acts; wrongs. Et alia enormia, and other wrongs. This phrase constantly occurs in the old writs and declarations of trespass.
Aggravated. "So enormous a trespass." Vaughan, 115. Written "enormious," in some of the old books. Enor-mious is where a thing is made without a rule or against law. Browni. pt 2,
L. Fr. In equal hand. The word "oivel" occurs also in the phrase "owelty of partition."
Anciently used for implead. Cowell.
In canon law. An examination of witnesses, taken down in writing, by or before an authorized judge, for the purpose of gathering testimony to be used on a trial.
Fr. In French law. An expression employed to denote that an indorsement made in favor of a person does not transfer to him the property in the bill of exchange, buf' merely constit
In French law. Registration. A formality which'consiste in inscribing on a register, specially kept for the purpose by the government, a summary analysis of certain deeds and docum
- Enrolldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To register; to make a record ; to enter on the rolls of a court; to transcribe. Ream v. Co.m., 3 Serg. & R. (Pat) 209. —Enrolled hill. In legislative practice, a bill which has be
In legislative practice, a bill which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president) and fi
- Enrollmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English law. The registering or entering on the rolls of chancery, king's bench, common pleas or exchequer or by the clerk of the peace in the records of the quarter sessions, o
In the laws of the United States on the subject of merchant shipping, the recording and certification of vessels employed In coastwise or inland navigation; as distinguished from t
Fr. On the way; in the course of a voyage or journey; in course of transportation. McLean v. U. S., 17 Ct. Cl. 90.
To insert in a list, account or writing.
To seal. Ensealing is still used as a formal word in conveyancing.
L. Fr. To make subject to a service or servitude. Britt, c. 54.
L. Laf. A creature of the law; an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from the law.
- Entaildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
n. A fee abridged or limited to the issue or certain classes of issue, instead of descending to all the heirs. 1 Washb. Real Prop. 66; Cowell; 2 Bl. Comm. 112, note. v. To settle o
Settled or limited to specified heirs or in tall. —Entailed money. Money directed to be invested in realty to be entailed. 3 & 4 Wm. IV, c. 74, §§ 70, 71, 72.
Money directed to be invested in realty to be entailed. 3 & 4 Wm. IV, c. 74, §§ 70, 71, 72.
- Entenciondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The plaintiff's count or declaration.
The old form of intendment, (q. v.) derived directly from the French, and used to denote the true meaning or signification of a word or sentence; that is, the understanding or cons
- Enterdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In the law of real property. To go upon land for the purpose of inking possession of it In strict usage, the entering is preliminary to the taking possession but in common parlance
L. Fr. A party challenging (claiming) goods; he who has placed them in the hands of a third person. Kel-ham.
The formal entry of the judgment on the rolls of the which is necessary before bringing an or an action on the judgment. Blatchford v. Newberry, 100 III. 491; Winstead v. Evans (Te
When bills not due are paid into a bank by a customer, it is the custom of some bankers not to carry the amount of the bills directly to his credit, but to "enter them short," as i
This word is synonymous with "board," and includes the ordinary necessaries of life. See Scatter-good v. Waterman, 2 Miles (Pa.) 323; Lasar v. Johnson, 125 Cal. 549, 58 Pac. 161; I
To solicit, persuade or procure. Nash v. Douglass, 12 Abb. Prae. N. S. (N. Y.) 190; People v. Carrier, 46 Mich. 442, 9 N. W. 487; Gould v. State, 71 Neb. 651, 99 N. W. 543.
Whole; without division, separation or diminution. —Entire contract. See Contract. —Entire day. This phrase signifies an undivided day, not parts of two days. An entire day must ha
- Entire contractdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
See Contract.
This phrase signifies an undivided day, not parts of two days. An entire day must have a legal, fixed, precise time to begin, and a fixed, precise time to-end. A day, in contemplat
The whole interest or right, without diminution. Where a person in selling his tract of land sells also his entire interest in all improvements upon public land adjacent thereto, t
A sole possession by one person, called "severalty," which is contrary to several tenancy, where a joint or common possession is in one or more.
- Entiretydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The whole, in contradistinction to a moiety or part only. When land ls conveyed to husband and wife, they do not take by moieties, but both are seised of the entirety, 2 Kent, Comm
These words in the habendum of a trust-deed for the benefit of a married woman are equivalent to the words "sole use," or "sole and separate use," and consequently her husband take
- Entitledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In its usual sense, to entitle is to give a right or title. Therefore a person is said to be entitled to property when he has a right to it. Com. v. Moorhead, 7 Pa. Co. Ct. R. 516;
In Fr. An intruder or interloper. Britt c. 114.
Span. Deliverv. Las partidas, pt. 6, tit 14, L L
A warehouse or magazine for the deposit of goods. In France, a building or place where goods from abroad may be deposited, and from whence they may be withdrawn for exportation to
- Entrydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
1. In real property law. Entry is the act of going peaceably upon a piece of land which is claimed as one's own, but which is held by another person, with the intention and for the
One who makes an entry of land under the public land laws of the United States.
In English practice. The proceeding by a plaintiff in an action who had given notice of trial, depositing with the proper officer of the court the nisi prius record, with the panel
In former times, the parties toan action, personally or by their counsel, used to appear in open court and make their mutual statements vivd voce, instead of as at the present day
This term is often used in law as equivalent to "mentioned specifically," "designated," or "expressly named or granted;" as in speaking of "enumerated" governmental powers, items o
Enumeration disaffirms the rule in cases not enumerated. Bac. Aph. 17.
The specification of one thing ls the exclusion of a different thing. A maxim more generally expressed in the form "expressio unius est exclusio alterius," (q. v.)
Persons appointed to collect census papers or schedules. 33 & 34 Viet c. 108, § 4.
- Enuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
To operate or take effect. To serve to the use, benefit or advantage of a person. A release to the tenant for life enures to him in reversion; that is, it has the same effect for h
L. Fr. In a mother's womb. A term descriptive of an unborn child. For some purposes the law regards an ihfant en ventre as in being. It may take a legacy; have a guardian; an estat
In Fr. In life; alive. Britt c. 50.
- Envoydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In international law. A public minister of the second class, ranking next after an ambassador. Envoys are either ordinary or extraordinary ; by custom the latter ls held in greater
A bond is released by the same formalities with which it is contracted. Co. Litt. 212b; Broom, Max. 891.
In the,manner in which [by the same means by which] a thing ls constituted, is it dissolved. 6 Coke, 53b.
Lat. On that day; on the same day.
Lat. At that instant; at the very or same instant; immediately. 1 Bl. Comm. 196, 249 ; 2 Bl. Comm. 168; Co. Litt. 298a; 1 Coke, 138.
Lat. With or in that view; with that intent or object. Hale, Anal. § 2.
Lat. In the civll law. In that state or condition; in that place, (eo loco.) Calvin.
Lat. Under that name; by that appellation. Perinde ac si eo nomine tibi tradita fuisset, just as if it had bsen delivered in you by that name. Inst. 2, 1, 43. A common phrase in th
In Saxon law. An earl.
In Saxon law. An oath.
This term, in its ordinary and popular mcaning, applies to any disease which is widely spread or generally prevailing at a given place and time. Pohalski v. Mutual In Ins. Co., 36
In medical Jurisprudence. A disease of the brain, which occurs in paroxysms with uncertain intervals between them. The disease is generally organic, though it may be functional and
Expenses or gifts. Blount.
A Christian festival, otherwise called the "Manifestation of Christ to the Gentiles," observed on the 6th of January, in honor of the appearance of the star to the three magi or wi
In Spanish law. A term synonymous with "equity" In one of its senses, and defined as "the benignant and prudent interpretation of the law according to the circumstances of the time
The office of overlooking or overseeing; the office of a bishop, who is to overlook and oversee the concerns of the church. A form of church government by diocesan bishops. Trustee
- Episcopaliadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiastical law. Synodals, pentecostals, and other customary payments from the clergy to their diocesan bishop, formerly collected by the rural deans. Cowell.
Of or pertaining to episcopacy or to the Episcopal Church.
A bishopric. The dignity or office of a bishop.
In the civil law. An overseer; an inspector. A municipal officer who had the charge and oversight of the bread and other provisions which served the citizens for their dally food.
- Episcopus alterius mandato quam regis non tenetur obtemperaredefined inBallentine's (1916)Black's (1910)
Co. Litt. 134. A bishop needs not obey any mandate save the king's.
It was an old custom that upon certain feasts some lay person should plait his hair, and put on the garments of a bishop, and in them pretend to exercise episcopal jurisdiction, an
- Episcopus teneat placitum, in curia christianitatis, de iis quæ mere sunt spiritualiadefined inBlack's (1910)
12 Coke, 44. A bishop may hold plea in a Court Christian of things merely spiritual.
In the civil law. Rescripts; opinions given by the emperors in cases submitted to them for decision. Answers of the emperors to petitions. The answers of counsellors, (juris-consul
A letter; a charter; an instrument in writing for conveyance of lands or assurance of contracts. Calvin; Spelman.
The time at which a new computation is begun; the time whence dates are numbered. Enc. Lond.
Alike; uniform; on the same plane or level with respect to efficiency, worth, value, amount, or rights. People v. Hoffman, 116 III. 587, 5 N. E. 600, 56 Am. Rep. 793. —Equal and un
Taxes are said to be "equal and uniform" when no person or class of persons in the taxing district, whether it be a state, county, or city, is taxed at a different rate than are ot
Persons are said to be related to a decedent "in equal degree" when they are all removed by an equal number of steps or degrees from the common ancestor. Fidler v. Higgins, 21 N. J