Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 842 terms defined in Black's Law Dictionary. Browse all dictionaries
As an abbreviation, this letter usually stands for either "Territory," "Trinity," "term," "tempore," (in the time of,) or "title." Every person who was convicted of felony, short o
A short gown; a herald's coat; a surcoat.
One who wears a tabard or short gown; the name is still used as the title of certain bachelors of arts on the old foundation of Queen's College, Oxford. Bine. Lond.
Lat In Roman law. A tablet. Used in voting, and in giving the verdict of juries; and, when written upon, commonly translated "ballot" The laws which introduced and regulated the mo
Lat. In Roman law. An officer corresponding in some respects to a notary. His business was to draw legal' instruments, (contracts, wills, etc.,) and witness their execution. Calvin
In old records. A public inn or house of entertainment. Cowell.
Lat In the civil law. A shop-keeper. Dig. 14, 3, 5, 7. In old English law. A taverner or tavern-keeper. Fleta, lib, 2, c. 12, § 17.
In medical jurisprudence. This is another name for locomotor ataxia. Tabetic dementia is a form of mental derangement or insanity complicated with tabes dorsalis, which generally p
A synopsis or condensed statement, bringing together numerous items or details so as to be comprehended In a single view; as genealogical tables, exhibiting the names and relations
In Louisiana. A list of creditors of an insolvent estate, stating what each is entitled to. Taylor v. Hollander, 4 Mart. N. S. (Lat) 535.
Fr. In old French law. Table of Marble; a principal seat of the admiralty, so called. These Tables de Marbre are frequently mentioned in the Ordonnance of the Marine. Burrill
An alphabetical list of the adjudged cases cited, referred to, or digested in a legal text-book, volume of reports, or digest, with references to the sections, pages, or paragraphs
In English law. Payments which used to be made to bishops, etc., reserved and appropriated to their table or housekeeping. Wharton.
Lat. In Roman law. Tables. Writings of any kind used as evidences of a transaction. Brissonius. —Tabulae nnptiales. In the civil law. A written record of a marriage; or the agreeme
Lat. In the civll law. A table or tablet; a thin sheet of wood, which, when covered with wax, was used for writing.
In the civil law. A written record of a marriage; or the agreement as to the dos.
Lat A plank in a shipwreck. This phrase is used metaphorically to designate the power subsisting in a third mortgagee, who took without notice of the second mortgage, to acquire th
Lat A notary or tabellio. Calvin.
In old records. Free from the common duty or imposition of tac. Cowell.
- Tacitdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Silent; not expressed; implied or inferred; manifested by the refraining from contradiction or objection; interred from the situation and circumstances, in the absence of express m
In the civil law, a tacit acceptance of an inheritance takes place when some act is done by the heir which necessarily supposes his intention to accept and which he would have no r
Lat Silently; impliedly; tacitly.
In the civil law, a species of lien or mortgage which is created by operation f law without any express agreement of the parties. Mackeld. Rom. Law, § 343. In admiralty law, this t
A law which derives its authority from the common consent of the people without any legislative enactment. 1 Bouv. Inst. no. 120.
In the law of Louisiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the parties should stipulate
In Scotch law. The tacit or implied renewal of a lease, interred when the landlord, instead of warning a tenant to remove at the stipulated expiration of the lease, has allowed him
In Scotch law. An implied tack or lease; inferred from a tacksman's possessing peaceably after his tack is expired. 1 Forb. Inst, pt 2. p. 153.
In Scotch law, this significa laches in not prosecuting a legal claim or in acquiescing in an adverse one. Mozley A Whitley.
n. In Scotch law. A term corresponding to the English "lease," and denoting the same species of contract. —'Tack duty. Rent reserved upon a lease. v. To annex some junior lien to a
The uniting securities given at different times, so as to prevent any intermediate purchaser from claiming a title to redeem or otherwise diseharge one lien, which is prior, withou
In Scotch law. A tenant or lessee; one to whom a tack is granted. 1 Forb. Inst, pt 2, p. 153.
In old records. A kind of customary payment by a tenant Cowell. —Tac free. In old records. Free from the common duty or imposition of tac. Cowell.
Lat. In old English law. Touching the holy evangelists. Fleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis, [looking at the Gospels,] and not tactis, and it is good e
Lat. Having personally touched the holy Gospel. Cro. Elis. 105. The description of a corporal oath.
8 Coke, 40. Things unexpressed are sometimes considered as expressed.
A form of mental derangement or insanity complicated with "tabes dorsalis" or locomotor ataxia, which generally precedes, or sometimes follows, the mental attack. As to insanity re
- Taildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Limited; abridged; reduced; curtailed, as a fee or estate in fee, to a certain order of succession or to certain heirs.
A species of estate tail which arises where one is tenant in special tail, and a person from whose body the issue was to spring dies without issue, or, having left issue, that issu
A piece cut out of the whole; a share of one's substance paid by way of tribute; a toll or tax. Cowell.
When lands are given to a person and the female heirs of his or her body, this is called an "estate tail female," and the male heirs are not capable of inheriting it. —-Tail genera
Fr. In old French law. A tax or assessment levied by the king, or by any great lord, upon his subjecte, usually taking the form of an imposition upon the owners of real estate. Bra
When lands are given to a person and the male hairs of his or her body, this is called an "estate tail male," and the female heirs are not capable of inheriting it.
An estate in tnil where the succession is restricted to certain heirs of the donee's bsdy, and does not go to all of them in general; e. g., where lands and tenements are given to
- Tails res, vel tale rectum, quæ vel quod non est in bomine adtnnc super-stite sed tantummodo est et consistit in consideratione et intelligentia legis, et quod alii dixerunt talem rem vel tale rectum fore In nubibusdefined inBlack's (1910)
Such a thing or such a right as is not vested in a person then llving, but merely exists in the consideration and contemplation of law [Is said to be In abeyance,] and others have
- Tailziedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In Scotch law. An entail. A tailzied fee is that which the owner, by exercising his inherent right of disposing of his property, settles upon others than those to whom it would hav
A conviction of felony or the person se convicted. Cowell.
- Takedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
1. To lay hold of; to gain or receive into possession"; to seize; to deprive one of the possession of; to assume ownership. Thus, it is a constitutional provision that a man's prop
One who takes or acquires; particularly, one who takes an estate by devise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate inter
A party to a negotiable instrument, particularly an indorser or acceptor, is said to "take up" the paper, or to "retire" it, when he pays its amount, or substitutes other security
In criminal law and torts. The act of laying hold upon an article, with or without removing the same.
- Taledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
In old pleading. The plaintiff's count, declaration or narrative of his case. 3 Bl. Comm. 293. The count or counting of money. Said to be derived from the same root as "telly." Cow
- Talesdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat Such; such men. When, by means of challenges or any other cause, a sufficient number of unexceptionable jurors does not appear at the trial, either party may pray a "tales," as
So many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persens present in court. 3 Bl. Comm. 365.
A person summoned to act as a juror from among the by-standers in the court. Linehan v. State, 113 Ala. 70, 21 South. 497; Shields v. Niagara County Sav. Bank, 5 Thomp. & C. (N. Y.
Lat. In the civil law. Like for like; punishment in the same kind; the punishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin.
- Talis interpretatio semper flenda est, ut evitetur absurdum et Inconveniens, et ne judicium sit illusoriumdefined inBlack's (1910)
1 Coke, 52. Interpretation is always to ba made in such a manner that what Is absurd and inconvenient may be avoided, and the judgment be not lllusory.
4 Coke, 18. What ls like is not the same; for nothing simllar is the same.
- Taliter Processum Estdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
Upon pleading the judgment of an inferior court, the proceedings preliminary to such judgment, and on which the same was founded, must, to some extent, appear in the pleading, but
A word used metaphorically for a share of a man's substance paid by way of tribute, toll or tax, being derived from the French "tattler," which signifies to cut a piece out of the
Tax or toll gatherers; mentioned by Chaucer.
L. Lat. A term including all taxes. 2 Inst. 532; Pcople v. Brooklyn, 9 Barb. (N. Y.) 551; Bernards Tp. v. Allen, 61 N. J. Law, 228, 39 Atl. 716. —Tallagium faeere. To give up accou
To give up accounts in the exchequer, where the method of accounting was by tellies.
A keeping account by tallies. Cowell.
A stick cut into two parts, on cach whereof is marked, with notches or otherwise, what is due between debtor and creditor. It was the ancient mode of keeping accounts. One part was
L. Lat. A tax or tribute; tallage; a share taken or cut out of any one's Income or means. Spelman.
A term originally used in England to describe exchequer bills, which were issued by the officers of the exchequer when a temporary loan was necessary to meet the exigencies of the
A system of dealing by which dealers furnish certain articles on credit, upon an agreement for the payment of the stipulated price by certain weekly or monthly installments. McCuI.
- Taltarum's Casedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
A case reported In Yearb. 12 Edw. IV. 19-21, which is regarded as baving established the foundation of common recoveries.
Domesticated; accustomed to man; reclaimed from a natural state of wildness. In the Latin phrase, tame animals are described as domitæ naturœ.
Lat. Notwithstanding; nevertheless ; yet.
A phrase used as the name of a writ of error from inferior courts, when the error Is supposed to be as well in giving the judgment as in awarding execution upon It. (Tam in redditi
Property which may be touched; such as ls perceptible to the senses; corporeal property, whether real or personal. The phrase is used In opposition to such species of property as p
In old Irish law. A species of tenure, founded on ancient usage, which allotted the inheritance of lands, castles, etc., to the "oldest and worthiest man of the deceased's name and
In old English law. Tannery; the trade or business of a tanner Fleta, llb. 2, c. 52, § 35.
Span. In Spanish law. Preemption. White, New Recop. b. 2, tit. 2, <:. 3.
Shep. Touch. 142. Goods are worth so much as they can be sold tor.
Lat. In practice. The name of a return made by the sheriff to a writ, when it came into his hands too late to be executed before the return-day.
A deficiency in the weight or quantity of merchandise by rcason of the weight of the box, cask, bag or other receptacle which contains it and is weighed with it. Also an allowance
- Tariffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
A cartel of commerce, a book of rates, a table or catalogue, drawn usually in alphabetical order, containing the names of several kinds of merchandise, with the duties or customs t
Lat. In the civll law. Age. —Ætas infantiae proxima. The age next to infancy; the first half of the period of childhood, (pueritia,) extending from seven years to ten and a half. I
In old English law. A hcap; a hay-mow or hay-stack. Fœnum in tassis, hay in slacks. Reg. Orig. 96.
A writ which inquired whether the king's tenant holding in chief by chivalry was of full age to receive his lands. It was directed to the escheater of the county. Now disused.
In the counties of Norfolk and Suffolk, the lords of manors anciently claimed the privilege of having their tenants' flocks or sheep brought at night upon their own demesne lands,
Lat A common bull; because he was free to all the tenants within such a manor, llberty, etc.
Describing the same thing twice in one sentence in equivalent terms; a fault in rhetoric. It differs from repetition or iteration, which is repeating tha same sentenco in the same
- Taverndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A place of entertainment; a house kept up for the accommodation of strangers. Originally, a house for the retelling of liquors to be drunk on the spot Webster. The word "tavern," i
In old English law. A seller of wine; one who kept a house or chop for the sale of wine.
One who keeps a tavern. One who keeps an inn; an innkeeper.
- Taxdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
n. Taxes are a ratable portion of the produce of the property and labor of the individual citizens, taken by the nation, in the exercise of its sovereign rights, for the support of
Jj. Lat A tax. Spelman. In old records. An allotted piece of work ; a task.
Subject to taxation; liable to be assessed, along with others, for a share in a tax. Persons subject to taxation are sometimes called "taxables;" so property which may be assessed
Lat To rate or value, Calvin. To tax; to lay a tax or tribute, Speiman. In old English practice. To assess; to rate or estimate; to moderate or regulate an assessment or rate.
In old European law. Soldiers of a garrison or fleet, assigned to a certain station. Spelman.
Lat. In Roman law. Taxation or assessment of damages; the assessment, by the judge, of the amount of damages to be awarded to a plaintiff, and particularly in the way of reducing t
The valuation of ecclesiastical benefices made through every diocese in England, on occasion of Pope Innocent IV. granting to King Henry III. the tenth of all spirituals for three
In old English practice. Taxation of costs.
- Taxationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
The Imposition of a tax; the act or process of imposing and levying a pecuniary charge or enforced contribution, ratable or proportioned to vuiue or some other standard, upon perso
In practice. The process of ascertaining and charging up the amount of costs in an action to which a party is legally enlitled, or which are legally chargeable. And, in English pra
A vuiua-tion of ecclesiastical benefices made through every diocese in England, by Walter, bishop of Norwich, delegated by the pope to this office in 38 Hen. III. Cowell,
A certificate of the purchase of land at a tax sale thereof, given by the officer making the sale, and which is evidence of the holder's right to receive a deed of the land if it i