Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,202 terms defined in Black's Law Dictionary. Browse all dictionaries
Those that purify gold and silver, and part them by fire and water from coarser metals; and therefore, in the statute of 4 Hen. VII. c. 2, they are also called "parters." Termes de
Sax. In old English law. A summoning forth to a military expedition, (indictio ad profectionem militarem.) Spelman.
Sax. A preparation to go into the army. Leg. Hen. I.
Sav. In old English law. Exemption from military service. Speiman.
In old English law. A fine for refusing military service, (mulcta detrectantis militiam.) Spelman. A fine imposed for murder committed in the army; an acquittance of such flne. Fle
The effect of combustion. The juridical meaning of the word does not differ from the vernacular. 1 Pars. Mae, Law, 231, et seq. —Fire and sword, letters of. In old Scotch law. Lett
In old Scotch law. Letters issued from the privy council in Scotland, addressed to the sheriff of the county, authorizing him to call for the assistance of the county to dispossess
This word comprises nil sorts of guns, fowling-pieces, blunderbusses, pistols, etc. Harris v. Cameron, 81 Wis. 239, 51 N. W. 437, 29 Am. St. Rep. 891; Atwood v. State, 53 Ala. 509;
An allowance of wood or estovers to maintain competent firing for the tenant. A sufficient allowance of wood to bnrn in a house. 1 Washb. Real Prop. 99.
One of the districts into which a city may be (and commonly is) divided for the purpose of more efficient service by the fire department in the extinction of fires. Des Moines v. G
A beacon or high tower by the seaside, wherein are continual lights, either to direct sailors in the night, or to give warning of the approach of an enemy. Cowell.
- Fire insurancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A contract of insurance by which the underwriter, in consideration of the premium, undertakes to indemnify the insured against ali losses in his houses, buildings, furniture, ships
- Fire ordealdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The ordeal by fire or red-hot iron, which was performed either by taking up in the hand a piece of red-hot iron, of one, two, or three pounds weight, or by walking barefoot and bli
- Fire policydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A policy of fire insurance. See Insurance.
To say of any article that it is "fire-proof" conveys no other idea than that the material out of which it is formed is incombustible. To say of a building that it is fire-proof ex
Wood suitable for fuel, not including standing or felled timber which is suitable and valuable for other purposes. Hogan v. Hogan, 102 Mich. 641, 61 N. W. 73.
A Scotch measure of capacity, containing two gallons and a pint. Spelman.
- Firmdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A partnership; the group of persons constituting a partnership. The name or title under which the members of a partnership transact business.—People v. Strauss, 97 III. App. 55; Bo
- Firmadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The contract of lease or letting; also the rent (or farm) reserved upon a lease of lands, which was frequently payable in provisions, but semetimes in money, in
In old English law. A farm or lease of a fee ; a fee-farm.
A Turkish word denoting a decree or grant of privlleges or passport to a traveler.
The right of a tenant to his lands and tenements. Cowell.
In old records. A place in monasteries, and elsewhere, where the poor were received and supplied with food. Spelman. Hence the word "infirmary."
L. Lat. A fermor. A lessee of a term. Firmarii comprehend all such as hold by lease for life or lives or for year, by deed or without deed. 2 Inst. 144, 145; 1 Washb. Real Prop. 10
The doe season. Also a supplying with food. Cowell.
In old records. A farm.
- Firmior et potentior est operatio legis quam dispositio hominisdefined inBallentine's (1916)Black's (1910)
The operation of the law is firmer and more powerful [or efficacious] than the disposition of man. Ch Litt 102a.
In old English law.. An assurance of some privilege, by deed or charter.
A statement that an affiant "firmly believes" the contents of the affidavit imports a strong or high degree of belief, and is equivalent to saying that he "verily" believes it. Bra
In old English law. Liberty to scour and repair a mill-dam, and carry away the soil, etc. Blount.
Initial; leading; chief; preceding all others of the same kind or class in sequence, (numerical or chronological;) entitled to priority or preference above others. Redman v. Railro
Of the most superior or excellent grade or kind; belonging to the head or chief or numerically precedent of several classes into which the general subject is divided. —First-class
In the postal laws. A11 mailable matter containing writing and ali else that is sealed against inspection.
In English law. Under the prisons act (28 & 29 Viet. c. 126, § 67) prisoners in the county, city, and borough prisons convicted of misdemeanor, and not sentenced to hard labor, are
A marketable title, shown by a clean record, or at least not depending on presumptions that must be overcome or facts that are uncertain. Vought v. Williams, 120 N. Y. 253, 24 N. E
Cousins-german; the children of one's uncle or aunt. Sanderson v. Bay-ley, 4 Mylne & C. 59.
The person to whom the estate is first given by the will, the term "next devisee" referring to the person to whom the renfainder is given. Young v. Robinson, 5 N. J. Law, 689; Wilc
- First fruitsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
In English ecolesiastical law. The first year's whole profits of every benefice or spiritual living, anciently paid by the incumbent to the pope, but afterwards transferred to the
The person who will be first entitled to succeed to the title to an estate after the termination of a life estate or estate for years. Winter v. Perratt, 5 Bam. & C. 48.
A case is said to be "of the first impression" when it presents an entirely novel question of law for the decision of the court, and cannot be governed by any existing precedent.
One which takes priority or precedence over nil other charges or incumbrances upon the same piece of property, and which must be satisfied before such other charges are entitled to
The first (in time or right) of a series of two or more mortgages covering the same property and successively attaching as liens upon it; also, in a more particular sense. a mortga
Bonds the payment of which is secured by a first mortgage on property. Bank of Atchison County v. Byers, 139 Mo. 627, 41 S. W. 325; Minnesota & P. R. Co. v. Sibley, 2 Minn, l8 (Gil
Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, ali being of the same tenor, and the intention being that the accept
See First.
- First purchaserdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In the law of descent, this term signifies the ancestor who first acquired (in any other manner than by inheritance) the estate which still remains in his family or descendants. Bl
- Fiscdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
An Anglicised form of the Latin "fiscus," (which see.)
- Fiscaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Belonging to the fisc or public treasury. Relating to accounts or the management of revenue. —Fiscal agent. This term does not necessarily mean depositary of the public funds, so a
This term does not necessarily mean depositary of the public funds, so as, by the simple use of it in a statute, without any directions in this respect, to make it the duty of the
A public officer named in the laws of the Rip-uarians and some other Germanic peoples, apparently the same as the "Graf," "reeve," "comes," or "count," and so called because charge
Those charged with the collection and distribution of public money, as, the money of a state, county, or municipal corporation. Rev. St Mo. 1899, § 5333 (Ann. St. 1906, p. 2776).
In the administration of a state or government or of a corporation, the fiscal year is a period of twelve months (not necessarily concurrent with the calendar year) with reference
- Fiscusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Roman law. The treasury of the prince or emperor, as distinguished from "œrarium," which was the treasury of the state. Spelman. The treasury or property of the state, as distin
An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. —Fish commissioner. A public officer of the United States, created by ac
A public officer of the United States, created by act of congress of February 9, 1871, whose duties principally concern the preservation and increase throughoul the country of fish
A place prepared for catching fish with nets or hooks. This is commonly applied to the place of drawing a seine or net Hart v. Hill, 1 Whart. (Pa.) 131, 132. A right or liberty of
A dam or wear in a river for taking fish. Cowell.
A term descriptive of a hill in equity which seeks a discovery upon general, loose, and vague allegations. Story, Eq. PI. § 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263 i Hurri
- Fish royaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
These were the whale and the sfurgeon, which, when thrown ashore or caught near thi coast of England, became the property of the king by virtue of his prerogative and in recompense
In Scotch law. The fiscus or fist The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell.
In mining law. A vein or lode of mineralized matter filling d pre-existing fissure or crack in the earth's crust extending across the strata and goh erally extending indefinitely d
In old English law. The rod or wand, by the delivery of which the property in land was formerly transferred in making a feoffment. Called, also, "baculum," "virga," and "fustis" Sp
In the civil law. A pipe for conveying water. Dig. 8, 2, 18.
In medical jurisprudence. An attack or spasm of muscular convulsions, generally attended with loss of self-control and of consciousness; particularly, such attacks occurring in epi
A Norman word, meaning "son." It is used in law and genealogy ; as Fitzher-bert, the son of Herbert; Fitzjames, the son of James; Fitzroy, the son of the king. It was originally ap
- Five-Mile Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An act of parliament, passed In 1665, against non-conformists, whereby ministers of that body were prohibited from coming within five miles of any corporate town or place where the
To liquidate or render certain. To fasten a liability upon one. To transform a possible or contingent liability into a present and definite liability. Zimmerman v. Canfield, 42 Ohi
As ground for rejecting a furor, this phrase means a settled belief or opinion which would so strongly influence the mind of the juror and his decision in the case that he could no
One which is definitely ascertained and prescribed as to amount and time of payment, and does not depend upon the receipt of fees or other contingent emoluments; not necessarily a
In practice. Rendering absolute the liability of special bail.
1. A fixture is a personal chattel substantially affixed to the land, but which may afterwards be lawfully removed therefrom by the party affixing it or his representative, without
A place covered with standing water.
A national standard on which are certain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and commonly displayed at forts and many other suitable places. —Flag
This was aD ancient ceremony in acknowledgment of British sovereignty over the British seas, by which a foreign vessel struck her flag and lowered her top-sail on meeting the Briti
Whipped; scourged. An entry on old Scotch records. 1 Pitc. Crim. Tr. pt. 1, p. 7.
By the act entitled "An act to establish the flag of the United States," (Rev. St. §§ 1791, 1792 [U. S. Comp. St. 1901, p. 1225],) it is provided "that, from and after the fourth d
Lat. Burning; raging; in actual perpetration. —Flagrans hellnm. A war actually going on. —Flagrans crimen. In Roman law. A fresh or recent crime. This term designated a crime in th
In Roman law. A fresh or recent crime. This term designated a crime in the very act of its commission, or while it was of recent occurrence
See those titles.
A war actually going on.
In French law. A crime which is in actual process of perpetration or which has just bcen committed. Code d'Instr. Crim. art. 41.
In the very act of committing the crime. 4 Bl. Comm. 307.
During an actual state of war.
A case of urgency rendering lawful an otherwise llle-gal act, as an assault to remove a man from impending danger.
A check drawn upon a banker by a person who has no funds at the banker's and knows tbat such is the case.
A place covered with water too shallow for navigation with vessels ordinarily usedfor commercial purposes. The space between high and low water mark along the edge of an arm of the
In Roman law. The title of a book containing the forms of actions, published by Cneius Flavius, A. U. C. 449. Mackeld. Rom. Law, § 39. Calvin.
The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from Its criminal or crown depa
A feathered or fleet arrow. Cowell.
- Fledwitedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A discharge or freedom from amercements where one, having bcen an outlawed fugitive, cometh to the place of our lord of hls own accord. Termes de la Ley. The liberty to hold ceurt
- Flee From Justicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To leave one's home, residence or known place of abode or to conceal one's self therein, with intent, in either case, to avoid detection or punishment for some public offense. Stre
- Fleetdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A place where the tide flows; a creek or inlet of water; a company of ships or navy ; a prison in London, (so called from a river or ditch formerly in its-vtcinity,) now abolished
A metaphorical expression, used in connection with homicide done in self-defense, signifying the exhaustion of every possible means of escape or of averting the assault, bsfore kll
- Flemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon and old English law-A fugitive bondman or villein. Spelman. The privilege of having the goods and fines of fugitives.
The reception or relief of a fugitive or outlaw. Jacob.
The possession of the goods of fugitives. Fleta, lib. 1, c. 147.
In Saxon law. Land; a house; home.
- Fletadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
The name given to an ancient treatise on the laws of England, founded mainly upon the writings of Bracton and Glanville, and supposed to have been written in the time of Edw. I. Th
- Flichwitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Saxon law. A fine-on acoount of brawls and quarrels. Spelman.
- Flightdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In criminal law. The act of one under acousation, who evades the law by voluntarily withdrawing himself. It is presumptive evidence of guilt. U. S. v. Candler (D. 0.) 65 Fed. 312.