Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,156 terms defined in Black's Law Dictionary. Browse all dictionaries
This letter, used as a Roman numeral, stands for one thousand. It was also, in old English law, a brand or stigma impressed upon the brawn of the thumb of a person convicted of man
A large staff, made of the precious metals, and highly ornamented. It is used as an emblem of authority, and carried before certain publlc functionaries by a mace-bearer. In many l
- Macedonian Decreedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Roman law. This was the Senatusconsultum Mace-donianutn, a decree of the Roman senate, first given under Claudius, and renewed under Vespasian, by which it was declared that no
In old English law. One who buys stolen goods, particularly food, knowing it to have been stolen.
Secure against arrest.
A mace-bearer; an officer attending the c
To make a warlike device over a gate or other passage like to a grate, through which scalding water or ponderous or offensive things may he cast upon the assailants. Co. Litt. 5a.
Contriving a plot or conspiracy. The act of planning or contriving a scheme for executing some purpose, particularly an evll purpose; an artful design formed with deliberation.
- Machinedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
In patent law. Any contrivance ufeed to' regulate or augment force or motion; more properly, a complex structure, consisting of a combination or peculiar modification, of the mecha
A more comprehensive term than "machine;" including the appurtenances necessary to the working of a machine. Seavey v. Central Mut. F. Ins. Co., Ill Mass. 540.
In old English law. A bam or granary open at the top; a rick or stack of corn. Speiman.
L. Lat In old European law. A murderer.
In old European law. Te wound. Speiman.
Where a writ of scire facias has been actually served upon a defendant, the proper return is that its contents have been "made known" to him.
An insane person, particularly one suffering from mania in any of its forms. Said to be inapplicable to idiots (Com. v. Haskell, 2 Brewst. [Pat) 497); but it is not a technical ter
See Insanity.
A term used to designate the idea or subject to which is confined the derangement of the mental faculties of one suffering from monomania. Owing's Case, 1 Bland (Md.) 388, 17 Am. D
Certain regulations prescribed for the government of the Madras presidency. Mozley & Whitley.
In English statutes. Witchcraft and sorcery.
Lat. More; more fully; more In number; rather.
Co. Litt. 78b. The law favors a good rather than a bad construction. Where the words used in an agreement are susceptible of two meanings, the one agreeable to, the other against,
The more worthy draws to itself the less worthy. Yearb. 20 Hen. VI. 2, arg.
- Magisterdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Lat. In English law. A master or ruler; a person who has attained to some eminent degree in science. Cowell. In the civil law. A title of several offices under the Roman Empire. —M
In English ecclesiastical law. Tbs title of an officer who grants dispensations; as to marry, to eat flesh on days prohibited, and the like. Bac. Abr. "Ecolesiastical Courts," A, 5
In Roman law, a person appointed by judicial authority to inventory, collect, and sell the property of an absent or absconding debtor for the banefit of his creditors he was genera
In old English law. Master of the chancery; master in chancery. These officers were said to be called "magstri," because they were priests. Latch, 133.
Master of the horse. A title of office under the Roman Empire.
Relating or pertaining to the character, office, powers or duties of a magistrate or of the magistracy. —Magisterial precinct. In some American states, a local subdivision of a cou
In some American states, a local subdivision of a county, defining the territorini jurisdiction of justices of the peace and constables. Breckinridge Co. v. McCracken, 61 Fed. 194,
Master of requests. A title of office under the Roman Empire.
Master of the suit; the person who controls the suit or its prosecution, or has the right so to do.
In the civil law. The master of a ship or vessel. He to whom the care of the whole vessel is committed. Dig. 14, 1, 1, 1, 5.
Master of the palace or of the offices. An officer under the Roman Empire bearing some resemblance to the modern lord chamberlain. Tayl. Civil Law, 37.
Use is the master of things. Co. Litt 229b. Usage is a principal guide in practico.
Use is the master of things; experience is the mistress of things. Ch Litt. 69, 229; Wing. Max. 752.
In the civil law. The master or manager of a pa' ' nership ; a managing partner or general agent; a manager specially chosen by a firm to administer the affairs of the partnership.
This term may have a more or less extensive signification according to the use and connection in which it occurs. In its widest sense it includes the whole body of public functiona
- Magistralia Breviadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In old English practice. Magisterial writs; writs adapted to special cases, and se called from being framed by the masters or principal clerks of the chancery. Bract fol. 413b; Cra
- Magistratedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
A public officer belonging to the civil organization of the state, and invested with powers and functions which may be either judicial, legislative or executive. But the term is co
In American law. Courts in the state of South Carolina, having exclusive jurisdiction in matters of contract of and under twenty dollars. A local court in the city of Philadelphia,
Lat. In the civil law. A magistrate. Calvin. A judicial officer who had the power of hearing and determining causes, but whose office properly was to inquire into matters of law, a
- Magna Assisadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
In old English law. The grand assize. Glanv. llb. 2, cc. 11, 12.
- Magna Assisa Eligendadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An ancient writ to summon four lawful knights before the justices of assize, there to choose twelve others, with themselves to constitute the grand assize or great jury, to try the
In old pleading. Great bsasts, as horses, oxen, etc. Cro. Jac. 580.
The great hundred or six score. Wharton.
The great charter. The name of a charter (or constitutional enactment) granted by King John of England to the barons, at Runnymede, on June 15, 1215, and afterwards, with seme alte
To compare great things with small things.
Great fault; gross negligence.
Gross negligence is fault; gross fault is fraud. Dig. 50, 16, 226.
In the Civll law. Great or gross negligence.
In old English law. A great or general reap-day. Cowell; Blount
In old English law. Grand serjeanty. Fleta, lib. 2, c. 4, § 1.
In old practice. Great or grand cape. 1 Reeve, Eng. Law, 418. See Grand Cape.
- Magnum Conciliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. The great council; the general council of the realm; afterwards called "parliament." 1 Bl. Comm. 148; 1 Reeve, Eng. Law, 62; Spelman. The king's great council o
The great statute roll. The first of the English statute rolls, beginning with Magna Charta, and ending with Edward III. Hale, Com. Law, 16, 17.
In Hindu law. A banker or any great shop-keeper.
In Hindu law. Any land or public fund producing a revenue to the government of Hindostan. "Mahalaat" is the plural.
In maritime law. The German name for the contract for the building of a vessel. This contract contains a specification of the kind of vessel intended, her dimensions, the time with
In Scotch law. An instrument formerly used in beheading criminals. It resembled the French guillotine, of which it is said to have been the prototype. Wharton.
- Maiden Assizedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. Originally an assize at which no person was condemned to die. Now it is a session of a criminal court at which there are no prisoners to be tried.
- Maiden Rentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A fine paid by the tenants of some manors to the lord for a license to marry a daughter. Cowell. Or, perhaps, for the lord's omitting the custom of marcheta, (q. v.)
A brasier's shop, or, perhaps, a house. Cowell.
- Maihemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
See Mayhem; Maim.
Maimed or wounded.
In old English law. Mayhem, (q. v.)
3 Inst. 118. Mayhem is incipient homicide,
- Maihemium est inter crimina majora minimum, et inter minora maximumdefined inBallentine's (1916)Black's (1910)
Co.. Litt. 127. Mayhem is the least of great crimes, and the greatest of small.
- Maihemium est membri mutllatio, et dici poterit, ubi aliquis in aliqua parte sui corporis effectus sit inutilis ad pugnandumdefined inBlack's (1910)
Co. Litt. 126. Mayhem is the mutilation of a member, and can be said to take place when a man is injured in any part of his body so as to be useless in fight
- Maildefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
As applied to the post-office, this term mcans the carriage of letters, whether applied to the bag into which they are put, the coach or vehicle by means of which they are transpor
Suitable or admissible for transmission by the mail; belonging to the classes of articles which, by the laws and postal regulations, may be sent by post.
In old English law. A kind of ancient money or silver half-pence; a small rent.
This word, as applied to a letter, means that the letter was properly prepared for transmission by the servants of the postal department, and that it was put in the custody of the
In Scotch law. The rents of an estate. Bell.
This term includes letters, packets, etc , received for transmission, and to be transmitted by post to the person to whom such matter is directed. U. S. v. Huggett (C. C) 40 Fed. 6
- Maimdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
To deprive a person of a member or part of the body, the loss of which renders him less capable of fighting; to commit mayhem, (q. v.) State v. Johnson, 58 Ohio St. 417, 51 N. E. 4
L. Fr. A hand. More commonly written "meyn." —Main-a-main, Immediately. Kelham. Principal, chief, most important in size, extent or utility. —Main channel. The main channel of a ri
In old English law. A false oath; perjury. Cowell. Probably from Sax. "manath" or "mainath" a false or deceitful oath.
Kelham.
A small tribute, commonly of loaves of bread, which in some places the parishioners paid to the rector in lieu of small tithes. Cowell.
- Mainourdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
In criminal law. An article stolen, when found in the hands of the thief. A thief caught with the stolen goods in his possession is said to be taken "with the mainour," that is, wi
A trespass committed by hand. See 7 Rich. II, c. 4.
- Mainpernabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Capable of being bailed; bailable; admissible to bail on giving surety by mainpernors.
In old practice. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. "Mainpernors" differ from "bail" in that a man's
- Mainprisedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
The delivery of a person into the custody of mainpernors, (q. v.) Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the part
The open, unin-dosed ocean ; or that portion of the sea which is without the fauces terræ on the sea-coast, in contradistinction to that which is surrounded or inclosed between nar
- Mainsworndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Forsworn, by making false oath with hand (main) on book. Used in the north of England. Browni. 4; Hob. 125.
To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Boutiller v. The Milwaukee, 8 Minn. 105, (Gll. 80, 81.)
- Maintaineddefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In pleading. A technical word indispensable in an indictment for maintenance. 1 Wils. 325.
In criminal law. One that maintains or seconds a cause depending in suit between others, either by disbursing money or making friends for either party towards his help. Blount. One
- Maintenancedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living or food, clothing, shelter, etc., particularly where the legal rel
An old form of "mayor."
In old Scotch law. An officer to whom process was directed. Otherwise called "rnair of fie," (fee,) and classed with the "serjand." Skene. In French law. A mayor.
Fr. A hospital; an almshouse; a monastery. St. 39 Eliz. c, 6. Literally, "house of God."
An old form of "master."
A house, mansion or farm. Cowell.
Fr. In French maritime law. Master; the master or captain of a vessel. Ord. Mar. liv. 2, tit 1, art. 1.
- Majestasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Lat. In Roman law. The majesty, sovereign authority or supreme prerogative of the sinte or prince. Also a shorter form of the expression "crimen majestatis," or "crimen lœsœ majest
Royal dignity. A term used of kings and emperors as a title of honor.
- Majordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
A person of full age; one who is no longer a minor; one who has attained the management of his own concerns and the enjoyment of his civic rights. In military law. The officer next
The grcater year; the bissextile year, consisting of 366 days. Bract, fol. 359b.