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
- Foreclosuredefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A process in chancery by whifch all further right existing in a mortgagor to redeem the estate is defcated and lost to him, and the estate becomes the absolute property of the mort
Properly speaking, a decree ordering the strict foreclosure (see infra) of a mortgage; but the term is also loosely and conventionally applied to a decree ordering the sale of the
A sale of mortgaged property to obtain satisfaction of the mortgage out of the proceeds, whether authorized by a decree of the court or by a power of sale contained in the mortgage
In Scotch law. To forfeit ; to lose,
- Foregiftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A premium for a lease.
Royal purveyors. 26 Edw. IIL c. 5.
- Forehand Rentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. Rent payable in advance; or, more properly, a species of premium or bonus paid by the tenant on the making of the lease, and particularly on the renewal of leases b
A domicile established by a citizen or subiect of one sovereignty within the territory 'oi another.
- Foreigndefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Belonging to another nation or country; belonging or attached to another jurisdiction; made, done or rendered in another state or Jurisdiction; subject to another jurisdiction; ope
One appointed or qualified under the laws of a foreign state or country, where the decedent was domiciled.
In old English practice. An answer which was not triable in the county where it was made. (St 15 Hen. VI. c. 5.) Blount.
An officer in the exchequer who examines the sheriff's estreat, comparing them with the records, and apposeth (interrogates) the sheriff what he says to each particniar sum therein
An assignment made in a foreign country, or in another state. 2 Kent, Comm. 405, et seq.
A custom in London which, being found prejudicial to sellers of cattle in Smithfield, was abolished. Wharton.
One created or endowed in a state or country foreign to that of the domicile of the benefactor. Taylor's Ex'rs v. Trustees of Bryn Maur Co.llege, 34 N. J. Eq. 101,
Coins issued as money under the authority of a foreign government. As to their valuation in the United States, see Rev. St U. S. §§ 3564, 3565 (U. S. Comp. St. 1901, pp. 2375, 2376
Commerce or trade between the United States and foreign countries. Co.m. v. Housatonic R. Co., 148 Mass. 264, 9 N. B. 547; Foster v. New Orleans, 94 U. S. 246 , 24 L. Ed. 122. The
Any county having a judicial and municipal organization separate from that of the county where matters arising in the former county are called in question, though bath may lie with
One who resides in a state or country foreign to that where the debtor has his domicile or his property.
A divorce obtained out of the state or country where the marriage was solemnized. 2 Kent, Comm. 106, et seq
One which was prepared or executed in, or which comes from, a foreign state or country.
In English law this means a country which at one time formed part of the dominions of a foreign state or potentate, but which by conquest or cession has become a part of the domini
The statute 59 Geo. III. c. 69, prohibiting the enlistment, as a soldier or sailor, in any foreign service. 4 Steph. Comm. 226. A later and more stringent act is that of 33 & 34 Vi
The courts of a foreign state or nation. In the United States, this term is frequently applied to the courts of one of the states when their judgments or records are introduced in
- Foreignerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In old English law, this term, when used with reference to a particular city, designated any person who was not an inhabitant of that city. According to later usage, it denotes a p
Drafts drawn on a foreign state or country.
By the English merchant shipping act, 1854, (17 & 18 Viet. c. 104,) § 2, any ship employed in trading, going between some place or places in the United Kingdom and some place or pl
A bili of exchange drawn in one state or country, upon a foreign state or country. A bill of exchange drawn in one country upon another country not governed by the same homogeneous
Any jurisdiction foreign to that of the forum. Also the exercise by a state or nation of jurisdiction bsyond its own territory, the right being acquired by treaty or otherwise.
jury obtained from a county other than that in which issue was joined.
The laws of a foreign country, or of a sister state. People v. Martin, 38 Misc. Rep. 67, 76 N. Y. Supp. 953; Bank of Chillicothe v. Dodge, 8 Barb. (N. Y.) 233. Foreign laws are oft
In old practice. Matter triable or done in another county. Cowell.
An ambassador, minister, or envoy from a foreign government. Cherokee Nation v. Georgia, 5 Pet 56, 8 L. Ed. 25.
The department of state through which the English sovereign communicates with foreign powers. A secretary of state is at its head. Till the middle of the last century, the function
A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject-matter of the snit. Cowell.
A foreign port is properly one exclusively within, the jurisdiction of a foreign nation, hence one without the United States. King v. Parks, 19 Johns. (N. Y.) 375 ; Bigley v. New Y
that whereby a mesne lord held of another, without the compass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (K
A foreign country or nation. The several United Slates are considered "foreign" to each other except as regards their relations as common members of the Union.
A vessel owned by residents m, or sailing under the flag of, a foreign nation. "Foreign vessel," under the embargo act of January, 1808, means a vessel under the flag of a foreign
A voyage to some port or place within the territory of a foreign nation. The terminus of a voyage determines its character. If it be within the limits of a foreign jurisdiction, it
Those belonging to another nation or country or subject to another jurisdiction, as distinguished from "domestic" waters. The Pilot. 50 Fed. 437 , 1 C. O. A. 523.
- Foreindefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An old form of foreign, (q. v.) Blount
- Forejudgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law and practice. To expel from court for some offense or misconduct. When an officer or attorney of a ceurt was expelled for any offense or for not appearing to an
- Forejudgerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. A judgment by which a man is deprived or put out of a thing; a judgment of expulsion or banishment.
- Foremandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The presiding member of a grand or petit jury, who speaks or answers for the jury.
Belonging to courts of justice,
- Forensic Medicinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Or medical jurisprudence, as it is also called, is "that science which teaches the application of every branch of medical knowledge to the purposes of the law; hence its limits are
In the civil law. Belonging to or connected with g court; forensic. forensis homo, an advocate; a pleader of causes; one who practices in court Calvin. In old Scotch law. A strange
Is used in Scotch law as aforesaid is in English, and sometimes, in a plural form, foresaids. 2 How. State Tr. 715. Forsaidis occurs in old Scotch records. "The Loirdis assesouris
Foresaken; disavowed. 10 Edw. II. c. 1.
That part of the land adjacent to the sea which is alternately covered and left dry by the ordinary flow of the tides; i. e., by the medium line between the greatest and least rang
- Forestdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In old English law. A certain territory of wooded ground and fruitful pastures, privileged for wild beasts and fowls of forest, chase, and warren, to rest and abide in the safe pro
A duty or tribute payable to the king's foresters. Cowell.
- Forestagiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A duty or tribute payable to the king's foresters. Co.weli.
- Forestalldefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
To intercept or obstruct a passenger on the king's highway. Cowell To beset the way of a tenant so as to prevent his coming on the premises. 3 Bl. Comm. 170. To intercept a deer on
In old English law. Obstruction ; hindrance;' the offense of stopping the highway ; the hindering a tenant from coming to his land; intercepting a deer bsfore it can regain the for
- Forestallingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Obstructing the highway. Intercepting a person on the highway.
The act of the buying or contracting for any merehandise or provision on its way to the market, with the intention of selling it again at a higher price; or the dissuading persons
- Forestariusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. A forester. An officer who takes care of the woods and forests. De forestario apponendo, a writ which lay to appoint a forester to prevent further commission of was
- Forest courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. Courts in-stifuted for the government of the king's forest in different parts of the kingdom, and for the punishment of all injuries done td the king's deer or veni
- Foresterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A sworn officer of the forest, appointed by the king's letters patent to walk the forest, watching both the vert and the venison, attaching and presenting ali trespassers against t
The system or body of old law relating to the royal forests.
- Forethought Felonydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In Scotch law. 'Murder committed in consequence of a previous design. Ersk. Inst. 4, 4, 50; Bell.
- Forfangdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. The taking of provisions from any per sen in fairs or markets before the royal purveyors were served with necessaries for the sovereign. Cowell. Also the seizin
- Forfeitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To lose an estate, a franchise or other property belonging to one, by the act of the law, and as a consequence of some misfeasance, negligence or omission. Cassell v. Crothers, 193
Liable to be forfeited; subject to forfeiture for non-user, neglect, crime, etc.
- Forfeituredefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
The loss of property or Ilfe in consequence of crime. —Forisfactura plena. A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman. 1. A punishment ann
A quit-rent; a small reserved rent in money. Jacob.
- Forgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To fabricate, construct or prepare one thing in imitation of another thing, with the intention of substituting the false for the genuine or otherwise deceiving and defrauding by th
- Forgerydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a lega
The stafute 33 & 34 Viet. c. 58, was passed for the punishment of forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act of 1861. -Mozle
In old records. A herd-land, headland or foreland. Cowell.
In the ctvH law. Discussions or arguments before a court. 1 Kent, Comm. 530.
Lat Foreign; exterior; outside; extraordinary. Servitium fo-rinsecum, the payment of aid, scutage, and other extraordinary military services. Fo-rinsecum manerium, the manor or tha
In old English law. Exterior ; foreign; extraordinary. In feudal law, the term "furinsic services" comprehended the payment of extraordinary aids or the rendition of extraordinary
- Forisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Abroad ; out of doors ; on the outside of a place; without; extrinsic.
In old English law. Banished.
Lat. To forfeit; to lose an estate or other property on account of some criminal or illegal act. To confiscate. To act beyond the law, i. e., to transgress or infringe the law; to
Forfeited. Bona fo-risfacta, forfeited goods. 1 Bl. Comm. 299. A crime. Du Cange; Spelman.
A crime or offense through which property is forfeited. A flne or punishment in money.
A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman.
A criminal. One who has forfeited his life by commission of a capital offense, Spelman. —Forisfactus servus. A slave who has been a free man, but has forfeited hls freedom by crime
A slave who has been a free man, but has forfeited hls freedom by crime. Du Cange.
In old English and Scotch law. Literally, to put out of a family, (forts familiam ponere.) To portion off a son, so that he could have no further claim upon his father. Gianv. lib.
- Forisfamiliateddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Portioned off. A son was said to be forisfamiliated (forisfamiliari) if his father assigned him part of his land, and gave him seisin thereof, and did this at t
In old English law. Put out of a family; portioned off; emancipated; forisfamiliated. Bract, fol. 64.
In old English law. Forejudger. A forejudgment. A Judgment of court whereby a man is put out of possession of a thing. Co. Litt. 100b.
Forejudged; sent from court; banished. Deprived of a thing by judgment of court. Bract, fol. 250b; Co. Litt. 100b; Du Cange.
To forswear; to abjure; to abandon. —Forisjurare parentilam. To remove oneself from parental authority. The person who did this lost his rights as heir. Du Cange. — Provinciam fori
To remove oneself from parental authority. The person who did this lost his rights as heir. Du Cange.
See Forejudge.
L. Fr. In old English law. to forswear; to abjure. —Forjurer royalme. To abjure the realm. Britt, cc. 1, 16.
To abjure the realm. Britt, cc. 1, 16.
Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. But. Surv. 56.
1. A model or skeleton of an instrument to be used in a Judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is
- Formadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lat. Form; the prescribed form of judicial proceedings. —Forma et flgnra judicii. The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271. —Forma pauperis. See In Forma
Form gives being. Called "the old physical maxim." Lord Henley, Ch., 2 Eden, 99.
The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271.
Relating to matters of form; as, "formal defects;" inserted, added or Joined pro forma. See Pasties.
Legal form is essential form. 10 Coke, 100.