Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,070 terms defined in Black's Law Dictionary. Browse all dictionaries
In the signatures of royal persons, "R." is an abbreviation for "rex" (king) or "regina" (queen.) In descriptions of land, acoordlng to the divisions of the governmental survey, it
A tribe, people or nation, belonging or supposed to belong to the same stock or lineage. "Race, color or previous condition of servitude." Const U. S., Am. XV.
An artificial canal dug in the earth; a channel cut in the ground. Wllder v. De Cou, 26 Minn. 17, 1 N. W. 48. The channel for the current that drives a water-wheel. Webster.
In French law. The right of repurchase which, in English and American law, the vendor may reserve to himself. It is also called "rCmCrC." Brown.
L. Fr. To redeem; to repurchase, (or buy back.) Kelham.
In Scotch law. Ransom; corresponding to Saxon "tceregild," a pecuniary composition for an offense. Skene; Jacob.
In the legal polity of the Salians and Ripuarians and other Germanic peoples, this name was given to the judges or assessors who sat with the count in his mallum, (court,) and were
An engine of torture anciently used in the inquisitorial method of examining persens charged with crime, the office of which was to break the limbs or dislocate the Joints.
- Rack-Rentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
A rent of the full value of the tenement or near it. 2 Bl. Comin. 48.
Wines drawn from the lees. Cowell.
A political party. The term arose in England, in 1818, when the popular leaders, Hunt Cartwright, and others, sought to obtain a radical reform in the representative system of parl
In French law. A term including the repairs made to a ship, and a fresh supply of furniture and victuals, munitions, and other provisions required for the voyage. 3 Pard. Droit Com
A kind of lottery in which several persons pay, in shares, the value of something put up as a stake, and then determine by chance (as by casting dice) which one of them shall becom
A statute, so called, of justices assigned by Edward I. and his council, to go a circuit through all England, and to hear and determine all complaints of injuries done within five
A roll, called from one Ragimund or Ragimont, a legate in Scotland, who, summoning all the beneflced clergymen in that kingdom, caused them on oath to give in the true value of the
- Railroaddefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
A road or way on which iron or steel rails are laid for wheels to run on, for the conveyance of heavy loads in cars or carriages propelled by steam or other motive power. The word
A body of commissioners, appointed in several of the states, to regulate railway traffic within the state, with power, generally, to regulate and fix rates, see to the enforcement
In law, this term is of ex actly equivalent import to "mliroad." See State v. Brin, 30 Minn. 522, 16 N. W. 406; Millvale Borough v. Evergreen Ry. Co., 131 Pa. 1, 18 Atl. 993, 7 In
A body of three commissioners appointed under the English regulation of railways act, 1873, principally to enforce the provisions of the railway and canal traffic act, 1854, by com
- Raisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To create. A use may be raised; i. e., a use may he created. Also to infer ; to create or bring to light by construction or interpretation. —Raise a presumption. To give occasion o
To bring pleadings to an issue; to have the effect of producing an issue between the parties pleading in an action.
To give occasion or ground for a presumption; to be of such a character, or to be attended with such circumstances, as to justify an inference or presumption of law. Thus, a person
To levy a tax, as a means of collecting revenue; to bring together, collect, or levy revenue. The phrase does not imply an increase of revenue. Perry County v. Selma, etc., R. Co.,
the institution of an action or suit. Defined under Raise in Black's Law Dictionary.
Creating, establishing, or calling into existence a use. Thus, if a man conveyed land to another in fee, without any consideration. equity would presume that he meant it to be to t
By this phrase is meant the act of the law in extracting from the facts and circumstances of a particular transaction a promise which was implicit therein, and postulating it as a
To raise money is to realize money by subscription, loan, or otherwise. New York & R, Cement Co., v. Davis, i73 N. Y. 235, 66 N. E. 9; New London Literary Inst. v. Prescott, 40 N.
When a landed estate is settled on an eldest son, it is generally burdened with the payment of specific sums of money in favor of his brothers and sisters. A direction to this effe
Sax. In Saxon and old English law. Open theft or robbery.
Sp. A small collection of men or their dwellings; a hamlet. As used, however, in Mexico and in the Spanish law formerly prevailing in California, the term signifies a ranch or larg
- Rangedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
In the government survey of the United States, this term is used to denote one of the divisions of a state, and designates a row or tier of townships as they appear on the map.
In forest law. A sworn officer of the forest, whose office chiefly consists in three points: To walk daily through his charge to see, hear, and inquire as well of trespasses as tre
- Rankdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
adj. In English law. Excessive ; too large in amount; as a rank modus. 2 Bl. Comm. 30. n. The order or placo in which certain officers are placed in the army and navy, in relation
ls the Scotch term for the arrangement of the property of a debtor according to the claims of the creditors, in consequence of the nature of their respective securities. Bell. The
One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than at fule of law. 2 Steph. Comm. 729.
- Ransomdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In international law. The redemption of captured property from the hands of an enemy, particularly of property captured at sea. 1 Kent, Comm. 104. A sum paid or agreed to be paid f
A contract by which a captured vessel, in consideration of her release and of safe-conduct for a stipulated course and time, agrees to pay a certain sum as ransom.
A fixed point of chronological time, whence any number of years is counted; thus, the Christian era began at the birth of Christ, and the Mohammedan era at the flight of Mohammed f
- Rapedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
In criminal law. The unlawful carnal knowledge of a woman by a man forcibly and against her will. Code Ga. § 4349; Gore v. State, 119 Ga. 418, 46 S. E. 671, 100 Am. St. Rep. 182; M
In old English law. Trespass committed in a forest by violence. Cowell.
In English law. The chief officer of a rape, (q. v.) 1 BI. Comm. 116.
In criminal law. Plunder; pillage; robbery. In the civll law, rapina is defined as the forcible and violent inking of another man's movable property with the criminal intent to app
In French Jaw and in Louisiana. A proceeding similar to hotchpot; the restoration to the succession of such property as the heir may have received by way of advancement ftom the de
In old English law. A ravishes. Fleta, lib. 2, c. 52, § 12.
In old English law. A writ for taking away an heir holding in socage, of which there were two sorts: One when the heir was married; the other when he was not. Reg. Orig. 163.
Lat In old English law. Ravished. A technical word in old indictments. 2 East, 30.
Lat. In the Roman law. The treasury, (fiscus.) Calvin.
The act of scraping, scratching or shaving the surface of a written instrument, for the purpose of removing certain letters or words from it It is to be distinguished from "obliter
In old English law. A rase; a measure of onions, containing twenty flones, and cach flouts twenty-five heads. Fleta, llb. 2, c. 12, § 12.
Within the meaning of a tax law, this term means "taxable estate;" the real and personal property which the legislature designates as "taxable." Marshfield v. Middlesex, 55 Vt. 546
Lat In the civil law. To hold a thing ratified; to ratify or confirm it Dig. 46, 8, 12, 1.
- Ratedefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)
Proportional or relative value, measure or degree; the proportion or standard by which quantity or value is adjusted. Thus, the rate ot interest is the proportion or ratio between
In commercial law. The actual price at which a bill, drawn in one country upon another country, can be bought or obtained in the former country at any given lime. Story, Bills, § 3
In English law. When any sheep, or other cattle, are kept in a parish for less time than a year, the owner must pay tithe for them pro rata, according to the custom of the place. F
- Ratificationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
The confirmation of a previous act done either by the party himself or by another; confirmation of a voidable act. See Story, Ag. §§ 250, 251; 2 Kent, Comm. 237; Norton v. Shelby C
Lat. Confirmation, agreement, consent, approbation of a contract. Saltmarsh v, Candia, 51 N. H. 76.
Ratification is equivalent to express command. Dig. 46, 3, 12, 4; Broom, Max. 867; Palmer v. Yates, 3 Sandf. (N. Y.) 151.
- Ratiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Rate; proportion; degree. Reason or understanding. Also a cause or giving judgment therein. —Ratio decidendi. The ground of decision. The point in a case which determines the judgm
The ground of decision. The point in a case which determines the judgment.
Reason is the formal cause of custom.
- Ratio est legis anima; mutata legis ratione mutatur et lexdefined inBallentine's (1916)Black's (1910)
7 Coke, 7. Reason is the seni of law; the reason of law being changed, the law is also changed.
Co.. Litt. 232. Reason ls a ray of the divine light
4 Inst. 320. Reason and authority, the two brightest lights of the world.
The reason or occasion of a law ; the occasion of making a law. BL Law Tracts, 3.
Jenk. Cent. 45. The reason of law is the soul of law.
A Latin phrase equivalent to "alimony."
A writ that lay for the wlfe against ithe executors of her husband, to have the third part of hls goods after his just debts and funeral expenses had been paid. Fitzh. Nat. Brev. 1
An abolished writ which lay where two lords, in divers towns, had seigniories adjoining, for him who found his waste by little and little to have been encroached upon, against the
Lat. On account of inability. A ground of qualified property in some animals feræ natures; as in the young ones, while they are unable to fly or run. 2 Bl. Comm. 3, 4.
By reason of the matter involved; In consequence of or from the nature of, the subject-matter.
Lat By reason of the person concerned; from the character of the person.
Lat. This term describes a species of property in wild animals, which consists in the right which, by a peculiar franchise anciently granted bj the English crown, by virtue of its
In old law. The pleadings in a suit Rationes exercere or ad rationes stare, to plead.
In Lat. By reason of tenure; as a consequence of tenure. 3 Bl. Comm. 230.
- Ratio potest allegari deficiente lege; sed ratio vera et legalis, et non apparensdefined inBlack's (1910)
Co. Litt. 191. Reason may be alleged when law is defective; but it must be true and legal rcasen, and not merely apparent.
Is where the members of a trade union cause the tools, clothes or other property of a workman to be taken away or hidden, in order to compel him to join the union or cease working.
Lat. On account of the soil; with reference to the soil. Said to be the ground of ownership in bees. 2 BL Comm. 393.
In criminal practice. A material word in indictments for rape, Whart. Crim. Law, § 401.
- Ravishmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In criminal law. An unlawful taking of a woman or of an heir in ward. Rape. —Ravishment de gard. L. Fr. An abolished writ which lay for a guardian by knight's service or in socage,
L. Fr. An abolished writ which lay for a guardian by knight's service or in socage, against a person who took from him the bsdy of his ward. Fitzh. Nat Brev. 140; 12 Car. II. c. 3,
In English law. The marriage of an infant ward without the consent of the guardian.
To erase. 3 How. Sinte Tr. 156.
In Spanish law. Cause, (causa.) Jlas Partidas, pt. 4, tit 4, 1. 2.
Lat. In the matter of; in the case of. A term of frequent use in designating Judicial proceedings, in which there is only one party. Thus, "Re Vivian" signifies "In the matter of V
In the middle temple, those persons were so called who were appointed to deliver lectures or "readings" at certain periods during term. The clerks in holy orders who read prayers a
In English ecclesiastical law. The title of a person admitted to a rectory or other benefice will be divested unless within two months after actual possession he publicly read in t
Where a deafforest-ed forest is again made a forest. 20 Car. II. c. 3.
- Realdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
In common law. Relating to land, as distinguished from personal property. This term is applied to lands, tenements, and hereditaments. In the civil law. Relating to a thing, (wheth
At the common law. One brought for the specific recovery 'of lands, tenements, or hereditaments. Steph. PI. 3; Crocker v. Black, 16 Mass. 448; Hall v. Decker, 48 Me. 256; Doe v. Wa
Lands or real estate in the hands of an heir, chargeable with the payment of the debts of the ancestor. 2 Bl. Comm. 244, 302.
In Scotch law. Where a right to lands is expressly granted under the burden of a specific sum, which is declared a burden on the lands themselves, or where the right is declared nu
Such as concern, or savor of, the realty, such as leasehold estates ; interests issuing out of, or annexed to, real estate; such chattel interests as devolve after the manner of're
L. Fr. In old English law. The royal way; the king's highway, (regia via.)
- Real estatedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
Landed property, including ali estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Wharton.
Any person 'whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. A
Evidence furnished by things themselves, on view or inspection, as distinguished from a description of them by the mouth of a witness; e. g., the physical appearance of a person wh
In the civil law. An injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words. Hallifax, Civil Law, hi 2, c. 15, nn. 3, 4. —Real things,
In foreign law. That quality of laws which concerns property or things, (quæ ad rem spectant.) Story, Confl. Laws, § 16.
To convert any kind of property into money; but especially to receive the returns from an investment. See Bitti ner v. Gomprecht, 28 Misc. Rep. 218, 58 N Y. Supp. 1011.
At common law. The body of laws relating to real property. This use of the term is popular rather than technical. In the civil law. A law which relates to specific property, whethe