Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 1,680 terms defined in Black's Law Dictionary. Browse all dictionaries
Lat. In the Roman law. Money, (literally, brass;) metallic money in general, including gold. Dig. 9, 2, 2, pr.; Id. 9, 2, 27, 5; Id. 50, 16, 159. —Æs alienum. A civil law term sign
- Sabbathdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
One of the names of the first day of the week; more properly called "Sunday," (q. v.) See State v. Drake, 64 N. C. 591; Gunn v. Slate, 89 Ga. 341, 15 S. E. 458. —Sabbath-breaking.
The offense of violating the laws prescribed for the observance of Sunday. State v. Baltimore & O. B. Co., 15 W. Va. 381, 36 Am. Rep. 803; State v. Popp, 45 Md. 433.
In Lat. The Sabbath; aiso peace. Domesday.
A gravel pit or liberty to dig gravel and sand; money paid for the same. Cowell.
A school or sect of Roman jurists, under the early empire, founded by Ateius Capito, who was succeeded by M. Sabinus, from whom the name.
The heraldic term for black. It is called "Saturn," by those who blazon by planets, and "diamond," by those who use the names of jewels. Engravers commonly represent it by numerous
L. Lat. In old maritime law. Ballast.
- Sacdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In old English law. A liberty of holding pleas; the jurisdiction of a manor court; the privllege claimed by a lord of trying actions of trespass betwcen his tenants, in his manor c
In old English law. He that is robbed or by theft deprived of his money or goods, and puis in surety to prosecute the felon with fresh suit. Bract, fol. 154b.
In old Egnlish law. The person from whom a thing had been stolen, and by whom the thief was freshly pursued. Bract, fol. 154b. See Sacabubth.
Lat. In -Roman law. Cutpurses. 4 Steph. Comm. 125.
L. Lat. In old English law. A sack. A quantity of wool weighing thirty or twenty-eight stone. Fleta, 1. 2, c. 79, § 10.
L. Lat. In old English law. A service or tenure of finding a sack and a broach (pitcher) to the sovereign for the use of the army. Bract. 1. 2, c. 16.
In maritime law. The name of an ancient officer, whose business was to load and unload vessels laden with salt, corn or fish, to prevent the ship's crew defrauding the merchant by
Lat. In Roman law. The right to participate in the sacred rites of. the city. Butl. Hor. Jur. 27.
L. Lat. In feudal law. Compurgators; persons who came to purge a defendant by their oath that they believed him innocent.
Lat In the older practice of the Roman law, this was one of the forms of legis actio, consisting in the deposit of a stake or juridical wager. See Sacramentum.
Lat. In Roman law. An oath, as being a very sacred thing; more particularly, the oath taken by soldiers to be true to their general and their country. Ainsw. Lex. In one of the for
The voluntary cr decisive oath of the civil law, where one of the parties to a suit, not being able to prove his case, offers to refer the decision of the cause to the oath of his
In old English law. The oath of fealty. Reg. Orig. 303.
- Sacramentum hahet in se tres comites,—veritatem, justitiam, et judicium; veritas habenda est in jurato; justitia et justicium in judicedefined inBlack's (1910)
An oatb has in it three component parts,—truth, justice, and judgment; truth in the party swearing; justice and judgment in the judge administering the oath. 3 Inst. 160.
2 Inst. 167. A foolish oath, though false, makes not perjury.
In English criminal law. Larceny from a church. 4 Steph. Comm. 164. The crime of breaking a church or chapel, and stealing therein. 1 Russ. Crimes, 848. In old English law. The des
Lat. In the civll law. The stealing of sacred things or things dedicated to sacred uses; the taking of things out of a holy place. Calvin.
4 Coke, 106. A sacrilegious person transcends the cupidity and wickedness of all other robbers.
Lat. In the civll and common law. A sacrilegious person; one guilty of saerllege.
A sexton, anciently called "sagerson," or "sagiston;" the keepor of things belonging to divine worship.
A denomination of part of the county palatine of Durham. Wharton.
- Safe-Conductdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
A guaranty or security granted by the king under the great seal to a stranger, for his safe coming into and passing out of the kingdom. Cowell. One of the papers usually carried by
- Safeguarddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In old English law. A special privilege or license, in the form of a writ, under the great seal, granted to strangers seeking their right by course of law within the king's dominio
- Safe-Pledgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A surety given that a man shall appear upon a certain day. Bract 1. 4, c. 1.
A tale-teller; a secret accuser.
L. Fr. Sages of the law; persons learned in the law. A term applied to the chancellor and justices of the king's bench.
In old European law. A judge or justice; literally, a man of causes or having charge or supervision of causes. One who administered justice and decided causes in the mallum or publ
Before mentioned. This word is constantly used in contracts, pleadings, and other legal papers, with the same force as "aforesaid." See Shattuck v. Balcom, 170 Mass. 245, 49 N. E.
In old European law. A German coin of the value of a penny or of three pence.
In Insurance law. To put to sea ; to begin a voyage. The least locomotion, with readiness of equipment and clearance, satisfies a warranty to sail. Pittegrew v. Pringle, 3 Barn. &
When a vessel quits her moorings, in complete readiness for sea, and it is the actual and real intention of the master to proceed on the voyage, and she is afterwards stopped by he
Written or printed directions, delivered by the commanding officer of a convoy to the several masters of the ships under his care, by D which they are enabled to understand and ans
Seamen; mariners.
The welfare of the people is the supreme law. Bac. Max. reg. 12; Broom, Max. 1-10; Montesq. Esprit des Lois, lib. 26, c. 23; 13 Coke, 139.
An elaborate form of non-communistic socialism. It is a scheme which does not contemplate an equal, but an unequal, division of the produce. It does not propose that all should be
In Gothic law. The ministerial officer of a court or magistrate, who brought parties into court and executed the orders of his superior. Spelman.
Fr. In French law. A judicial seizure or sequestration of property, of which there are several varieties. See infra. —Saisie-arret. An attachment of property in the possession of a
An attachment of property in the possession of a thini person.
A writ resembling that of fieri facia; defined as that species of execution by which a creditor places under the hand of justice (custody of the law) his debtor's movable property
A species of foreign attachment; that which a creditor, by the permission of the president of a tribunal of first instance or a juge de paix, may exercise, without preliminary proc
A conservatory act of execution, by which the owner or principal lessor of a house or farm causes the furniture of the house or farm leased, and on which he has a lien, to be seize
The proceeding by which a creditor places under the hand of justice (custody of the law) the immovable property of his debtor, in order that the same may be sold, and that he may o
In old English law. A lord's right of amercing his tenants in his ceurt Keilw. 145. Acquittance of suit at county courts and hundred courts. Fleta, L 1, c. 47, § 7.
A tax imposed in England and France, in 1188, by Pope Innocent III., to raise a fund for the crusade undertaken by Richard I. of England and Philip Augustus of France, against Sala
Lat. In the civil law. An allowance of provisions. A stipend, wages or compensation for services. An annual allowance or compensation. Calvin.
A recompense or consideration made to a person for his pains and industry in another person's business; also wages, stipend or annual allowance. Cowell. A fixed periodical compensa
- Saledefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
A contract between two parties, called, respectively, the "seller" (or vendor) and the "buyer," (or purchaser,) by which the former, in consideration of the payment or promise of p
This is a species of contract by which the seller (usually a manufacturer or wholesaler) delivers a quantity of goods to the buyer, on the understanding that, if the latter should
The term "side in gross," when applied to the thing sold, means a sale by the tract, without regard to quantity, and is in that sense a contract of hazard. Yost v. Malli-cote, 77 V
A memorandum of the subject and terms of a sale, given by a broker or factor to the seller, who bailed him the goods for that purpose, and to the buyer, who dealt with him. Also ca
A species of conditional sale, which is to become absolute only in case the buyer, on trini, approves or is satisfied with the article sold. The approval, however, need not be expr
A sale of property accompanied by delivery of possession, but where payment of the price is deferred to a future day.
In the civil law, a sale where the goods are taken in bulk, or not by weight or measure, and for a single price, or where a piece of land is sold for a gross sum, to be paid for th
In old English law. A headpiece; a steel cap or morion. Cowell.
On what is called a "sale with nil faults," unless the seller fraudulently and inconsistently represents the article sold to be fanitless, or contrives to conceal any fault from th
An inferior and local court of record having jnrisdiction in personui actions where the debt or damage sought to be recovered does not exceed £50, if the cause of action arise with
A body of law framed by the Sallan Franks, after their settlement in Gaul under their king Pharamond, about the beginning of the fifth contury. It is the most ancient of the barbar
- Saloondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Does not necessarily import a place to sell liquors. It may mean a place for the sale of general refreshments. Kitson v. Ann Arbor, 26 Mich. 325. "Saloon" has not acquired the lega
This expression has a definite meaning, namely, a retaller of cigars, liquors, etc. Cahlll v. Campbell, 105 Mass. 40.
A custom in the city of London called "granage," formerly payable to the lord mayor, etc., for salt brought to the port of London, being the twentieth part. Wharton.
One penny paid at the feast day of St. Martin, by the tenants of some manors, as a commutation for the service of carrying their lord's salt from market to his larder. Paroch. Anti
Lat Health ; prosperity; safety.
The welfare of the state is the supreme law. Inhabitants of Springfield v. Connecticut River R. Co., 4 Cush. (Mass.) 71; Cochituate Bank v. Colt, 1 Gray (Mass.) 386; Broom, Max. 36
4 Inst. 1 Where there are many counselors, there is safety.
A gold coin stamped by Henry V. in France, after his conquests there, whereon the arms of England and France were stomped quarterly. Cowell.
In Lat. Safeguard. Reg. Orig. 26.
- Salvagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In maritime law. A compensation allowed to persons by whose assistance a ship or its cargo has been saved, in whole or in part, from impending danger or recovered from actual loss,
This term includes nil the expenses and costs incurred in the work of saving and preserving the property which was in danger. The salvage charges ultimately fall upon the insurers.
See Loss.
See Salvage.
See Interdictum Salvianum.
Lat Saving; excepting; without prejudice to. Salvo me et hœreditus meis, except me and my heirs. Salvo jure cujuslitet, without prejudice to the rights of any one,
A person who, without any particular relation to a ship in distress, proffers useful service, and gives it as a volunteer adventurer, without any pre-existing covenant that connect
L. Lat. A safe pledge; called, also, "eertum plegius," a sure pledge. Bract foL 160b.
The word "same" does not always mean "identical," not different or other. It frequently means of the kind or species, not the specific thing. Crapo v. Brown, 40 Iowa, 487, 493.
- Sampledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A specimen; a small quantity ef any commodity, presented for inspection or examination as evidence of the quality of the whole; as a sample of cloth or of wheat —Sample, sale by. A
A sale at which only a sample of the goods sold is exhibited to the buyer.
Lat In old English law. Of sound mind. Fleta, llb. 8, c. 7, J L
Lat In the civll law. That part of a law by which a penalty was ordained against those who should violate It. lnst. 2, 1, 10.
- Sanctiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
In the original sense of the word, a "sanction" is a penalty or punishment provided as a means of enforcing obedience to a law. In jurisprudence, a law is said to have a sanction w
- Sanctuarydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In old English law. A censecrated place which had certain privileges annexed to it, and to which offenders were accustomed to resort for refuge, because they could not be arrested
In old English law. A payment due to the lord of the manor of Rodley, in the county of Gloucester, for llberty granted to the tenants to dig sand for their common use. Cowell.
- Sanedefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Of natural and normal mental condition; healthy in mind. —Sane memory. Sound mind, memory, and understanding. This la one of the essential elements in the capacity of contracting;
Sound mind, memory, and understanding. This la one of the essential elements in the capacity of contracting; and the absence of it in lunatics and idiots, and its immaturity in inf
In old French. Blood.
Lat In feudal law. A redemption by villeins, of their blood or tenure, in order to become freemen.
An heraldic term for "blood-color," called, in the arms of princes, "dragon's tell," and, in those of lords, "sardonyx." It is la tincture of very infrequent occurrence, and not re
A tie of blood overcomes men through benevolence and family affection. Steere v. Steere, 5 Johns. Ch. (N. Y.) 1, 13, 9 Am. Dec. 256.
Lat In the civll and old English law. Blood; consanguinity. The right or power which the chief lord of the fee had to judge and determine cases where blood was shed. Mon. Aug. t. 1
A kind of punishment among the Greeks; inflicted by binding the malefactor fast to a piece of wood. Bine. Lond.
In English law. Bodies having Jurisdiction over their respective districts in regard to sewerage, drainage, scavenging, the supply of water, the prevention of nuisances and offensi
Sound understanding; the reverse of insanity, (q. v.)