Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 796 terms defined in Black's Law Dictionary. Browse all dictionaries
An abbreviation of "Novella," the Novels of Justinian, used in citing them. Tayl. Civil Law, 24. In English, a common and famliiar abbreviation for the word "north," as used in map
An abbreviation for "non allocatur," it is not allowed.
Sax. The attaching or taking of movable goods and chattels, called "vif" or "mort" according as the chattels were living or dead. Termes de la Ley.
Originally the governor of a province under the Mogul government of Hin-dostan, whence it became a mere title of any man of high rank, upon whom it was conferred without any office
L. Fr. A villein; a barn slave; a bondwoman.
A lineal measure of two inches and a quarter.
As a term of jurisprudence, this word is equivalent to bare, wanting in necessary conditions, incomplete, as a naked contract, (nudum, pactum,) i. e., a contract devoid of consider
The actual occupation of real estate, but without any apparent or colorable right to hold and continue such possession; spoken of as the lowest and most imperfect degree of title.
A bare chance or expectation of acquiring a property or succeeding to an estate in the future, but without any present right in or to it which the law would recognize as an estate
One which is simply collateral and without interest in the donee, which arises when, to a mere stranger, authority is given of disposing of an interest, in which he had not before,
One given without any consideration, equivalent, or reciprocal obligation, and for that reason not enforceable at law. See Arend v. Smith, 151 N. Y. 502, 45 N. E. 872.
A dry or passive trust; one which requires no action on the part of the trustee, beyond turning over monev or property to the cestui que trust
- Namdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
In old English law. A distress or seizure of chattels. As a Latin conjunction, for; because. Often used by the old writers in introducing the quotation of a Latin maxim.
L. Lat. In old records. To, take, seize or distrain.
L. Lat. In old English and Scotch law. A distraining or taking of a distress; an impounding. Spelman.
- Namedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
The designation of an individual person or of a firm or corporation. In law a man cannot have more than one Christian name. Rex v. Newman, 1 Ld. Raym. 562. As to the history of Chr
The popular name in English law for the clause, sometimes inserted in a will or settlement by which property is given to a person, for the purpose of imposing on him the condition
- Namiumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
L. Lat. In old English law. ,A taking; a distress. Speiman. Things, goods or animals token by way of distress. Simplex namium, a simple inking or pledge. Bract, fol. 205b. —Namium
- Namium vetitumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An unjust taking of the cattle of another and driving them to an unlawful place, pretending damage done by them. 3 Bl. Comm. 149.
In French law, is the contract of pledge; if of a movable, it is called "gage;" and if of an immovable, it is called "antichrese." Brown.
A common abbreviation of "narratio," (q. vt) A declaration in an action. Jacob.
Lat. One of the common law names for a plaintiff's count or declaration, as being a narrative of the facts on which he relies.
In Scotch conveyancing. That part of a deed which describes the grantor, and person in whose favor the deed is granted, and states the cause (consideration) of granting. Bell.
- Narratordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A counter; a pleader who draws narrs. Serviens narrator, a Serjeant at law. Fleta, 1. 2, c. 37.
Those seas which run between two coasts not far apart. The term is sometimes applied to the English channel. Wharton.
Lat That shall hereafter be born. A term used in marriage settlements to designate the future issue of the marriage, as distinguished from "natus," a child already barn.
The state and condition of a man acquired by birth.
Born and to be born. All heirs, near and remote.
In old records. A native place. Cowell.
- Nationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A people or aggregation of men, existing In the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same chstoms,
Pertaining or relating to a nation as a whole; commonly applied in American law to institutions, laws or affairs of the United States or its government, as opposed to those of the
A bank incorporated and doing business under the laws of the United States, as distinguished from a state bank, which derives its powers from the authority of a particular state.
Notes issued by national banks, and by the United States government.
The money owing by government to some of the public, the interest of which is paid out of the taxes raised by the whole of the public.
- National domaindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A term sometimes applied to the aggregate of the property owned directly by a nation. Civ. Code La. 1900, art. 486.
The domicile of a person, considered as being within the territory of a particular nation, and not with reference to a particular locality or subdivision of a nation
The government of a whole nation, as distinguished from that of a local or territorial division of the nation, and also as distinguished from that of a league or confederation. "A
The statutory title of corporations organized for the purpose of carrying on the business of banking under the laws of the United States. Rev. St. U. S. § 5133 (U. S. Comp. St 1901
That quuiity or character which arises from the fact of a person's belonging to a nation or state. Nationality determines the political status of the individual, especially with re
In Spanish and Mexican law. Nationalization. "The nationalization of property is an act which denotes that it has become that of the nation by some process of law, whereby private
A niefe or female villein. So called because for the most part band by nativity. Co. Litt. 1226.
- Nativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A natural-born subject or citizen ; a denizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The term may also include
Villeins or bondmen by contract or agreement
Villeins or bondmen by birth or stock. Cowell.
Villenage ; that state in which men were born slaves. 2 Mon. Angl. 643. —Nativo habendo, A writ which lay for a lord when his villein had run away from him. It was directed to the
- Nativusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Lat. In old English law, a native; specifically, one bom into a condition of servitude; a born serf or villein. —Nativa. A niefe or female villein. So called because for the most p
Nature covets perfection; so does law alao. Hob. 144.
The name of an ancient collection of original writs, accompanied with brief comments and explanations, compiled in the time of Edward III. This is commonly called "Old Natura Brevi
The force of nature is greatest; nature is doubly great 2 Inst. 564.
- Natura fide jussionis sit strictissimi juris et non durat vel extendatur de re ad rem, de persona ad personam, de tempore ad temposdefined inBlack's (1910)
The nature of the contract of suretyship is strictissimi juris, and cannot endure nor be extended from thing to thing, from person to person or from time to time. Burge, Sur. 40.
The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in opposition to the term "legal;" and then It means proceeding from or
- Natural affectiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Such as naturally subsists between near relatives, as a father and child, brother and sister, husband and wife. This is regarded in law as a good consideration.
In English law. That hind of allegiance which ls due from all men bom within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot be div
Heirs by consanguinity as distinguished from heirs by adoption, and also as distinguished from collateral heira. Ludlum v. Otis, l5 Hun (N. Y.) 4i4; Smith v. Pendell, 19 Co.nn. H2,
Any formation or product of nature (as opposed to structures or erecdons made by man) which may serve to define and fix one or more of the lines inclosing an estate or piece of pro
The channel of a stream as determined by the natural conformation of the country through which it flows ; that is, the bed over which the waters of the stream flow when not in any
A bastard ; a child born out of lawful wedlock. But in a statute declaring that adopted shall have nil the rights of "natural" children, the word "natural" was used in the sense of
Properly the period of twenty-four hours from midnight to midnight. Co. Litt. 135; Fox v. Abel, 2 Conn. 541; People v. Hatch, 33 111. 137. Though sometimes taken to mean the "day-t
The same as domicile of origin or domicile by birth. Johnson v. Twenty-One Bales, 13 Fed. Cas. 863.
It is natural for a thing to be nnbofand in the same way in which it was bound. Jenk. Cent. 66; Broom, Max. 877.
A term sometimes employed in works on jurisprudence, possessing no very precise meaning, but used as equivalent to justice, honesty, or morality in business relations, or man's inn
In Spanish law. The state of a natural-born subject White, New Recop. b. 1, tit 5, c. 2.
- Natural fooldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A person bom without understanding; a born fool or idiot. Sometimes called, in the old books, a "natural." In re Anderson, 132 N. C. 243, 43 S. E. 649.
- Natural fruitsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
. The produce of the soil, or of fruit-trees, bushes, vines, etc., which are edible or otherwise useful or serve for the reproduction of their species. The term is used in contradi
In English law. One bom within the dominions, or rather within the allegiance, of the king of England.
- Natural infancydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A period of non-responsible life, which ends with the seventh year. Wharton.
- Naturalizationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The act of adopting an alien into a nation, and clothing him with all the rights possessed by a natural-born citizen. Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ct 375, 36 In Ed. 103
To confer citizenship upon an alien; to make a foreigner the same, in respect to rights and privileges, as if he were a native citizen or subject.
- Naturalized Citizendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One who, being an alien by birth, has received citizenship under the laws of the state or nation.
A rule of conduct arising out of the natural relations of human beings, established by the Creator, and existing prior to any positive precept Webster. The foundation of this law i
- Natural libertydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. 1 Bl. Comm. 125. The right which nature gives to all man-, kind of disposing o
- Natural lifedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The period of a person's existence considered as continuing until terminated by physical dissolution or death occurring in the course of nature; used in contradistinction to that j
Damages which "naturally" arise from a breach of contract are such as arise in the usual course of things, from the breach itself, or such as may reasonably be supposed to have bee
- Natural personsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Such as are formed by nafure, as distinguished from artifi-rial persons, or corporations.
That by which a man detains a thing corporeally, as, by occupying a house, cultivating ground, or retaining a movable in possession; natural possession is also defined to be the co
Succession taking place between nafural persons, for example, in descent on the death of an ancestor. Thomas v. Dakin, 22 Wend. (N. Y.) 100.
A natural stream flowing in a defined bed or channel; one formed by the natural flow of the water, as determined by the general superficies or conformation of the surrounding count
In old English law. That period of time in which the sun was supposed to revolve in its orbit, consisting of 365 days and one-fourth of a day, or six hours. Bract, fol. 3595.
Mature makes no leap, [no sudden or irregular movement;] se neither does law. Co. Litt. 238, Applied in old practice to the regular observance of the degrees in writs of entry, whi
Nature makes no vacuum, the law nothing purposeless. Co. Litt. 79.
Lat. Born, as distinguished from nasdturus, about to be born. Ante natus, one bom before a particular person or event, e. g , before the death of his father, before a political rev
Lat In the Civll law. The master or owner of a merchant vessel Calvin.
In French maritime law. Shipwreck. "The violent agitation of the waves, the impetuous force of the winds, storm or lightning, may swallow up the vessel, or shatter it, in such a ma
Lat Shipwreck.
- Naughtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In old practice. Bad; defective. "The bar is naught." 1 Leon. 77. "The avowry is naught." 5 Mod. 73. "The plea Is undoubtedly naught." 10 Mod. 329. See 11 Mod. 179.
The freight of passengers In a ship. Johnson; Webster.
In the civll law. The freight or fare paid for the transportation of cargo or passengers over the sea in a vessel. This is a Latinized form of a Greek word.
Lat In the civil and maritime law. A sailor; one who works a ship. Calvin. Any one who is on board a ship for the purpose of navigating her. The employer of a ship. Dig. 4, 9,1, 2.
Pertaining to ships or to the art of navigation or the business of carriage by sea. —Nautical assessors. Experienced shipmasters, or other persons having special knowledge of navig
- Nautical assessorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Experienced shipmasters, or other persons having special knowledge of navigatiou and nautical affairs, who are called to the assistance of a court of admiralty, in difficult cases
See Mile.
Lat. In the civll law. Nautical or maritime interest; an extraordinary rate of interest agreed to be paid for the loan of money on the hazard of a voyage ; corresponding to interes
In old English law. A duty on certain tenants to carry their lord's goods in a ship.
- Navaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
Appertaining to the navy, (q. v.) —Naval courts. Courts held abroad in certain cases to inquire into complaints by the master or seamen of a British ship, or as to the wreck or aba
- Naval courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Courts held abroad in certain cases to inquire into complaints by the master or seamen of a British ship, or as to the wreck or abandonment of a British shin. A naval court consist
- Naval courts-martialdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Tribunals for the trial of offenses arising in the management of public war vessels
The system of regulations and principles for the government of the navy.
An officer in the navy. Also an important functionary in the United States custom-houses, who estimates dudes, signs permits and clearances, certifies the collectors' returns, etc.
In the civll law. The master or commander of a ship; the captain of a man-of-war.
In the civil law. The master or captain of a ship. Calvin.