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
- Floatdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In American land law, especially in the western states. A certificate authorizing the entry, by the holder, of a certain quantity of land not yet specifically selected or located.
Used for floating. A floatable stream is a stream used for floating logs, rafts, etc. Gerrish v. Brown. 51 Me. 260, 81 Am. Dec. 569; Gaston v. Mace, 33 W. Va. 14, 10 S. E. 60, 5 In
The capital which is consumed at each operation of production and reappears transformed into new producte. At each sale of these producis the capital is represented In cash, and It
- Floating Debtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
By this term is meant that mass of lawful and valid claims against the corporation for the payment of which there is no money in the corporate treasury specifically designed, nor a
A policy of fire insurance not applicable to any specific described goods, but to any and ali goods which may at the time of the fire be in a certain building.
Flood-mark, high-water mark. The mark which the sea, at flowing water and highest tide, makes on the shore. Blount.
A section of a building between horizontal planes. Lowell v. Strahan, 145 Mass. 1, 12 N. D. 401, 1 Am. St Rep. 422. A term used metaphorically, in parliamentary practice, to denote
- Florentine Pandectsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A copy of the Pandects discovered accidentally about the year 1137, at Amalphi, a town in Italy, near Salerno. From Amalphi, the copy found its way to Pisa, and, Pisa having submit
A coin originally made at Florence, now of the value of about two English shillings.
1. Such things as by accident swim on the toll of great rivers or the sea. Cowell. 2. A commission paid to water bailiffs. Cun. Diet
a name for the goods which float upon the sea when cast overboard for the safety of the ship or when a ship is sunk. Distinguished from "jetsam" and "ligan." Bract, lib. 2, c. 5; B
In old English law. High-water mark; flood-mark. 1 And. 88, 89.
This term has acquired a definite and specific meaning in law. It commonly imports raising and setting back water on another's land, by a dam placed across a stream or water-course
Flood; flood-tide. Bract, fol. 255.
In Roman law. A servitude which consists in the right to conduct the rain-water, collected from the roof and carried off by the gutters, onto the house or ground of one's neighbor.
- Flumina et portus publica sunt, ideoque jus piscandi omnibus commune estdefined inBallentine's (1916)Black's (1910)
Rivers and ports are public. Therefore the right of fishing there is common to all. Day. Ir. K. B. 55; Branch, Princ.
Wild fowl; water-fowl. 11 East, 571, note.
Lat. A river; a publlc river ; flood; flood-tide.
In old English law. Flow. Per fluxum et refluxum maris, by the flow and reflow of the sca. Dal. pi. 10.
On a criminal trial in former times, it was usual after a verdict of not guilty to inquire also, "Did he fly for it?" This practice was abolished by the 7 & 8 Geo. IV., c. 28, § 5.
In railroading, a flying switch is made by uncoupling the cars from the engine while in motion, and throwing the cars onto the side track, by turning the switch, after the engine h
- Flymadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A runaway; fugitive; one escaped from justice or who has no "hlaford."
In old English law. The offense of harboring a fugitive, the penalty attached to which was one of the rights of the crown.
Women are excluded from ali civil and publlc charges or offices. Dig. 50, 17, 2; 1 Exchi 645 ; 6 Mees. & W. 216.
A married woman; a feme covert.
Jenk. Cent. 237. Women are not admissible to publlc offices.
Lending money at interest; the act of putting out money to us-uyy.
The Forum Judicium; a code of laws established in the seventh century for the Visigothic kingdom in Spain. Some of its principles and rules are found surviving in the modem jurispr
The body of laws granted to a city or town for its government and the administration of justice.
The title of a code of Spanish law promulgated by Alhonso the Learned, (el Sabto,) A. D. 1255. t was the precursor of the Partidas. Schm. Civil Law, Introd. 67.
In the constifutional provision that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state, this phrase mean
One by which the indorser orders the money to be paid to some particular person by name; it differs from a blank indorsement, which consists merely in the name of the indorser writ
Complete jurisdiction over a given subject-matter or class of actions (as, in equity) without any exceptions or reservations. Bank of Mississippi v. Duncan. 52 Miss. 740.
Life in fact and in law. See In Full Life.
When a master ordinary in chancery made a report in pursuance of a decree or decretal order, the cause was again set down before the judge who made the decree or order, to be proce
In practice. Hearing at another time.
Lat. Jn the civll law. Interest on money; the lending of money on interest —Fcenns nauticum. Nautical or maritime interest. An extraordinary rate of interest agreed to be paid for
In mercantile contracts, this abbreviation means "free on board," and imports that the seller or consignor of goods will deliver them on the car, vessel or other conveyance by whic
House-bote; fire-bote. Cowell.
- Focaledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Firewood. The right of inking wood for the fire. Fire-bote. Cunningham.
Food for horses or cattle. In feudal law, the term also denoted a prerogative of the prince to be provided with com, etc., for his horses by his subjects in his wars.
Provisions to be paid by custom to the royal purveyors. Cowell.
See Fodder.
A mine. Co. Litt 6n.
In maritime law. Any atmospheric condition (including not only fog properly se called, but also mist or falling snow) which thickens the air, obstructs the view, and so increases t
In old English law. Fog-gage or fog; a kind of rank grass of late growth, and not eaten in summer. Spelman; Cowell.
In French feudal law. Faith; fealty. Guyot, Inst Feod. c. 2.
In old English law. The fawning of deer. Spelman.
In old Scotch law. To forfeit 1 How. State Tr. 927.
In old Scotch law. Forethought; premeditated. 1 Pitc. Orion Tr. pt. 1, p. 90.
Vagabonds. Blount.
In Saxon law. A general assembly of the people in a town or shire. It appears to have had judicial functions of a limited nature, and also to have discharged political offices, suc
In Saxon law. Land of the folk or pcople. Land belonging to the people or the public. Folc-land was the property of the community. It might be occupied in common or possessed in se
A general assembly of the people, under the Saxons. See Folc-Gemote.
The common right of all the people. 1 Bl. Comm. 65, 67. The jus commune, or common law, mentioned in the laws of King Edward the Elder, declaring the same equal right, law, or just
- Foldagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A privilege possessed in seme places by the lord of a manor, which consists in the right of haying his tenant's sheep to feed on his fields, so as to manure the land. The name of f
- Fold-Coursedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. Land to which the sole right of folding the cattle of others is appurtenant. Sometimes it means merely such right of folding. The right of folding on another's land
- Folgariidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Menial servants; followers. Bract.
In pld English law. A freeman, who has no house or dwelling of hls own, but is the follower or retainer of another, (heorthfœst,) for whom he performs certain predial services.
The French name for circular insanity or maniacal-depressive insanity.
A French term sometimes used to designate an access of insanity resulting from nephritis or "Bright's disease." See In re McKean's Will, 31 Misc. Rep. 703, 66 N. Y. Supp. 44.
- Foliodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
1. A leaf. In the ancient lawbooks it was the custom to number the leaves, instead of the pages; hence a folio wouid include bath sides of the leaf or two pages. The references to
See Folc-Land; Folc-Gemote.
To conform to, comply with or be fixed or determined by; as in the expressions "costs follow the event of the suit," "the situs of personal property follows that of the owner," "th
Fr. In French law. Goods and efforts. Adams v. Akerlund, 168 III. 632, 48 N. E. 454.
In French law. A capital is said to be Invested a fonds perdu when It ls stlpuiated that in consideration of the payment of an amount as interest, higher than the normal rate, the
In Spanish law. Any tribute or loan granted to the king for the purpose of enabling him to defray the expenses of a war.
A fountain or spring. Bract, fol. 233.
- Footdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
1. A measure of length 'containing twelve inches or one-third of a yard. 2. The base, bottom, or foundation of anything; and, by metonomy, the end or termination; as the foot of a
In the forest law. An amercement for not batting out the ball or chtting off the claws of a dog's feet, (exped-itating him.) To be quit of footgeld is to have the privllege of keep
- Foot of the Finedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and before whom It was acknowledged or levied. 2
In the law of evidence. Impressions made upon earth, snow or other surface by the feet of persons or by the shoes, boots or other covering of the feet. Burrill, Circ. Ev. 264.
Fr. In French law. A tribunal. Le for interieur, the interior forum; the tribunal of conscience. Poth. Obi. pt. 1, c. 1, § 1, art 3, § 4. Instead of; on behalf of; in place of; as,
Hay and straw for horses, particularly in the army. Jacob.
Straw when the corn is threshed out Cowell.
- Foraneusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
One from without; a foreigner; a stranger. Calvin.
- Forathedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In forest law. One who could make oath, i. e., bear witness for another. Cowell; Spelman.
- Forbalcadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old records. A forebalk ; a balk (that ls, an unplowed piece of land) lying forward or next the highway. Cowell.
A pirate; an outlaw; one banished.
L. Fr. To bar out; to preclude; hence, to estop.
In old English law. The aggressor slain in combdt Jacob.
- Forbearancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds v. Ward, 5 Wend. (N. Y.) 5
- Forcedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word ocours in such connections as to show t
- Force and armsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A phrase used in declarations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. Pi. 846, 850
that any contract or act extorted under the pressure of force (ins) or under the influence of fear (metus) is voidable on that ground, provided, of course, that the force or the fe
In Louisiana. Those persons whom the testator or donor cannot deprive of the portion of hls estate reserved for them by law, except in cases where he has a just cause to disinherit
- Forced Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In practice. A sale made at the time and in the manner prescribed by law, in virtue of execution issued on a judgment already rendered by a court of competent jurisdiction; a sale
Fr. In the law of insurant. Superior or irresistible force. Emerig. Tv. des Ass. c. 12.
The military and naval power of the country.
Pre-emption; forestalling the market. Jacob.
The offense Of violently keeping possession of lands and tenements, with menacos, force, and arms, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280. Forcible d
An offense against the public peace or private wrong, committed by violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entit
The action of forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve titl
In North Carolina, this is an invasion of the rights of another with respect to his personal property, of the same character or under the same circumstances, which would constitute
- Fordadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old records. A ford or shallow, made by damming or penning up the water. Cowell.
A butt or headland, jutting out upon other land. Cowell.
- Fordannodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old European law. He who first assaulted another. Spelman.
In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell.
Sax. Before. Fr. Out. Kel-bam.
To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor.