Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 420 terms defined in Black's Law Dictionary. Browse all dictionaries
- Vendor's liendefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A lien for purchase money remnining unpnid, allowed in equity to the vendor of land, when the statement of receipt of the price in the deed is not in accordance with the fact. Also
A sale; generally a sale at publlc auction; and more particularly a sale so made under authority of law, as by a constable, sheriff, tax collector, administrator, etc,
An auctioneer.
A kneeling or low prostration on the ground by penitents; pardon.
3 Inst. 236. Faellity of pardon is an incentive to crime.
- Veniredefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Lat To come; to appear in court. This word is sometimes used as the name of the writ for summoning a jury, more commonly called a "venire facias."
Lat. In practice. A judicial writ, directed to the sheriff of the county in which a cause is to be tried, commanding him that he "cause to come" before the court, on a certain day
A writ to summon a person, against whom an indictment for a misdemeanor has been found, to ap-risar and be arraigned for the offense. A justice's warrant is now more commonly used.
A fresh or new venire, which the court grants when there bas been some impropriety or irregularity in refurning the jury, or where the veniict is so imperfect or ambiguous that no
a judicial writ directed to the sheriff, when issue was joined in an action, commanding him to cause to come to Westminster, on such a day, twelve free and lawful men of his county
A writ to summon a jury of matrons to execute the writ de ventre inspiciendo.
A member of a panel of Jurors; a juror summoned by a writ of venire facias.
Ll Lat. In old pleading. Comes and defends. The proper words of appearance and defense in an action. 1 Ld. Raym. 117.
Lat. In old pleading. Comes and says. 2 Salk. 544.
A privilege granted by a prince or sovereign, in virtue of which a persen is entitled to act, sui furis, as if he were of full age. Story, Confl. Laws, § 74
In French law. Sale; contract of sale. —Vente h remere. A conditional sale, in which the seller reserves the right to redeem or repurchase at the same price.
A conditional sale, in which the seller reserves the right to redeem or repurchase at the same price.
The belly or womb. The term is used in law as designating the maternal parentage of children. Thus, where in ordinary phraseology we should say that A. was B.'s child by his first
In old English law. A writ that lay for an heir presumptive, to cause an examination to be made of the widow in order to determine whether she were pregnant or not, in cases where
- Venuedefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In pleading and practice. A neighborhood; the neighborhood, place or county in which an injury is declared to have been done or fact declared to have happened. 3 Bl. Comm. 294. Ven
L. Fr. True. An old form of oral. Thus, veray or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the manner, (q. v.,) with this d
Lat. (Plural of verbum.) Words. —Verba cancellarim. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta, lib. 4, c. 10, § 3. —Verba precaria
6 Coke, 62. Words are to be understood with reference to the subject-matter. —Verba sequivoca, ae in dnbio sensu posita, intelliguutur digniori ct potem tiori sensn. Equivocal word
Terms of art should be explained from the art. 2 Kent, Comm. 556, note.
Words of the chancery. The technical style of writs framed in the office of chancery. Fleta, lib. 4, c. 10, § 3.
The words of charters are to be received more strongly against the grantor. Co. Litt. 36; Broom, Max. 594.
Bac. Max. 3. Words ought to be used se as to give them their effect.
Dav. 20. The words "current money" designate current at the time of payment — Verba debent intelligi cum effectu, ut res magis valeat quam pereat. Words ought to be understood with
Words ought to be understood so as to have some operation. 8 Coke, 94n. — Verba dicta de persona intelHgi debent de conditione personae. Words spoken of a person are to be understo
Words are to be token most strongly against him who uses them. Baa Max. 11, reg. 3.
3 Inst. 76. General words are to be generally understood. — Verba generalia restringuntur ad habilitatem rei vel aptitudinem personae.General words must be narrowed either to the n
Words referred to are to be considered as if incorporated. Broom, Max. 074, 677; 11 Mees. & W. 183. — Verba in differenti materia per prius, non per posterius, intelligenda snnt. W
- Verbaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed or not executed with the formalities required for a deed or prescribed by statute i
A memorandum or note, in diplomacy, not signed, sent when an affnir has continued a long time without any reply, in order to avoid the appearance of an urgency which perhaps is not
- Verbal processdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In Louisiana. Proc4t verbal, (q. v.)
It is Letter that words should have no operation at all than [that they should operate] absurdly. A maxim of the civll law. Calvin. — Verba non tam intuenda, quam cansa et natura r
In the civil law. Precatory words; words of trust or used to create a trust. —Verba accipienda snnt cum effectu, ut sortiantur effectum. Words are to be received with effect, so th
Words are always to be taken in the milder sense. 4 Coke, 13a. — Verba strictae significationis ad latam extendi possnnt, si snbsit ratio. Words of a strict or narrow signification
Words are the indices or indicators of the mind or thought. Latch, 106.
One must abide by the words where there is no ambiguity. Tray. Lat Max. 612.
- Verbum imperfecti temporis rem adhuc imperfectam significatdefined inBallentine's (1916)Black's (1910)
The imperfect tense of the verb indicates an incomplete matter. Mactier v. Frith, 6 Wend. (N. Y.) 103, 120, 21 Ain. Dee, 262.
An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of tre
- Verdictdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
In practice. The formal and unanimous decision or finding of a jury, impaneled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the tri
A verdict returned by the jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial.
Sax. In old records. A packet-boat or transport vessel. Cowell.
L. Lat. In old English law. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial.
Co.. Litt. 226. The verdict is, os it were, the dictum of truth; as the judgment Is the dictum of law.
In Saxon law. A mulct or flne for a crime. See Weregild.
L. Lat In Scotch law. Verging towards poverty; in declining circumstances. 2 Kames, Eq. 8.
In English law. The compass of the royal court, which baunds the jurisdiction of the lord steward of the household; it seems to have been twelve miles about. Britt. 68. A quantity
In English law. Officers who carry white wands before the justices of either bench. Cowell. Mentioned in Fleta, as officers of the king's court, who oppressed the pcople by demandi
Words are to be understood in [of] a possible case. A maxim of the civll law. Calvin.
8 Coke, 94. Words ought to be made subservient to the intent, not the intent to the words. — Verba ita snnt intelligenda, nt res magis valeat quam pereat. The words [of an instrume
- Verificationdefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In pleading. A cortain formula with which nil pleadings containing new affirmative matter must conclude, being in itself an averment that the party pleading is ready to establish t
To confirm or substantiate by oath; to show to be true. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word "verify" sometimes mea
4 Inst. 153. Truth, by whomsoever pronounced, is from God.
The truth of the description removes an error in the name. 1 Ld. Raym. 303.
Truth is the desideratum in a juror; justice and judgment in a judge. Bract, fol. 185b.
Truth fears nothing but to be hid. 9 Coke, 20b.
Truth is lost by excessive altercation. Hob. 344.
3 Inst. 27. Truth which is not sufficiently defended is overpowered; and he who does not disapprove, approves.
4 Inst. Epil. He who does not freely speak the truth is a betrayer of truth.
Truth; truthfulness; conformity to fact. The records of a court "import uncontrollable verity." 1 Black, Judgm. f 276.
Lat. In the civil law. A slaYe born in his master's house,
Lat. In the civll law. To be employed; to be conversant. Versari male in tutela, to misconduct one's self in a guardianship. Calvin.
Lat. Against. In the title of a cause, the name of the plaintiff is put first, followed by the word "versus," then the defendant's name. Thus, "Fletcher versus Peck," or "Fletcher
- Vertdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Everything bearing green leaves in a forest. Also that power which a man has, by royal grant, to cut green wood in a forest. Also, in heraldry, green color, called "venus" in the a
Lat. True; truthfui; genuine; actual; real; just.
They that are immediate lord and tenant one to another. Cowell.
- Vesseldefined inCase LawU.S. CodeBouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A ship, brig, sloop or other craft used in navigation. The word ls more comprehensive than "ship." The word "vessel" includes every description of water-craft or other artificial c
- Vestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To accrue to; to be fixed; to take effect; to give a fixed and indefeasible right An estate is vested in possession when there exists a right of present enjoyment; and an estate is
The crop on the ground. Cowell.
Accrued; fixed; settled; absolute; having the character or giving the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent See Scott v.
See Devise.
Any estate, property, or interest is called "vested," whether in possession or not, which is not subject to any condition precedent and unperformed. The interest may be either a pr
A legal term applied to a present fixed right of future enjoyment; as reversions, vested remainders, such 'executory devises, future uses, conditional limitations, and other future
A legal term applied to a right of present enjoyment actually existing
A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the
A legacy is said to be vested when the words of the testator making the bequest convey a transmissible interest, whether present or future, to the legatee in the legacy. Thus a leg
An estate by which a present interest passes to the party, though to he enjoyed tn futuro, and by which the estate is invariably fixed to remain to a determinate person after the p
See Vested. And see also the following titles.
Lat. In the law of evidence, a vestige, mark or sign; a trace; track or impression left by a physical object. Fleta, L 1, a 25, § 6.
In English law. An order which may be granted by the chancery division of the high court of justice, (and formerly by chancery,) passing the legal estate in lieu of a conveyance. C
In ecclesiastical law. The place in a church where the priest's vestures are deposited. Also an assembly of the min-istor, church-wardens, and parishioners, usually held in the ves
A rate levied in Ireland for parochial purposes, abolished by St. 27 Vict c. 17.
An officer appointed to attend vestries, and take an account of their proceedings, etc. —'Vestry-men. A select number of parishioners elected in large and populous parishes to take
A crop of grass or corn. Also a garment; metaphorically applied to a possession or seisin.
In old English law. The vesture of the land; that is, the com, grass, underwood, sweepage, and the like, Co. Litt 4b. See Simpson v. Co.e, 4 N. H. 301.
In old English law. Profit of land. "How much the vesture of an acre is worth." Cowell.
A phrase including all things, trees excepted, which grow upon the surface of the land, and clothe it externally. Ham. N. P. 15L
Lat Ancient statutes. The English statutes from Magna Charta to the end of the reign of Edward II. are se calied; those from the beginning of the reign of Edward III. bsing contrad
L. Lat Where the bailiff of a lord distrains beasts or goods of another, and the lord forbids the bailiff to deliver them when the sheriff comes to make replevin, the owner of the
Lat I forbid. The veto-power is a power vested in the executive officer of seme governments to declare his refusal to assent to any bill or measure which has been passed by the leg
Lat. The old law. A term used in the civil law, sometimes to designate the law of the Twelve Tables, and sometimes merely a law which was in force previous to the passage of a subs
To harass, disquiet, annoy; as by repeated litigation upon the same facts.
Lat To be harassed, vexed or annoyed; to be prosecuted; as in the maxim, Nemo debet bis vexari pro una et eadem causa, no one should be twice prosecuted for one and the same cause.
Lat A vexed question; a question often agitated or discussed, but nut determined or settled; a question or point which has bsen differently determined, and so left doubtful. 7 Coke
The injury or damage which is suffered in consequence of the tricks of another.
A proceeding is said to be vexatious when the party bringing it is not acting bona fide, and merely wishes to annoy or embarrass his opponent or when it is not calculated to lead t
A question or point of law often discussed or agitated, but not determined or settled.