Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
In old English law. A place of protection; a sanctuary. St. 1 Hen. VII. ch 5, 6; Cowell.
In Saxon law. Lands belonging to a hide; that is, a house or mansion. Spelman.
A sum of money paid by a villein or servant to save himself from a whipping. Fleta, 1. 1, c. 47, § 20.
Originally, government by a body of priests. Now, the body of officers in any church or ecclesiastical institution, considered as forming an ascending series of ranks or degrees of
This term, as used in various compound legal phrases, is sometimes merely an addition of dignity, not importing a comparison ; but more generally it means exalted, either in rank o
See Watermark.
See Court of High Commission.
See Court of Admiralty.
See Court of Delegates.
His office has been disused (except only upon great and solemn occasions, as the coronation, or the like) since the attainder of Stafford, Duke of Buckingham, in the reign of Henry
- High court of admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. This was a court which exercised jurisdiction in prize cases, and had general jurisdiction in maritime causes, on the instance side. Its proceedings were usually in
The court of last resort in the state of Mississippi.
See Court of Errors and Appeals.
- High court of justicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
That branch of the English supreme court of judicature (q. v.) which exercises (1) the original jurisdiction formerly exercised by the court of chancery, the couris of queen's benc
In English law. The English parliament, as composed of the house of peers and house of commons; or the house of lords sitting in its judicial capacity.
High crimes and misdemeanors are such immoral and unlawful acts as are nearly allied and equal in guilt to felony, yet, owing to some technical circumstance, do not fall within the
The same as great diligence
In the practice of the English supreme court of judicature there are two scales regulating the fees of the court and the fees which solicitors are entitled to charge. The lower sca
In old French and Canadian law. A feudal lord who exercised the right called "high justice." Guyot, Inst. Feod. c. 26.
A system for the regulation and restriction of the traffic in intoxicating liquors, of which the distinguishing feature is the grant of licenses only to carefully selected persons
A title of honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of "Majesty," but with that of "Highness." The childre
A school in which higher branches of learning are taught than in the common schools. 123 Mass. 306. A school in which such instruction is given as will prepare the students to ente
- High seasdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The ocean ; public waters. According to the English doctrine, the high sea begins at the distance of three miles from the coast of any country; according to the American view, at l
In English law. Treason against the king or sovereign, as distinguished from petit or petty treason, which might formerly be committed agninst a subject. 4 Bl. Comm. 74, 75; 4 Step
- High-water markdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
This term is properly applicable only to 'tidal waters, and designates the line on the shore reached by the water at the high or flood tide. But it is sometimes also used with refe
- Highwaydefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
A free and public road, way or street; one which every person has the right to use. Abbott v. Duluth (C. C.) 104 Fed. 837; Shelby County Com'rs v. Cas-tetter, 7 Ind. App. 309, 33 N
The body or system of laws governing the laying out. repair, and use of highways
A place where the track of a railroad crosses the line of a highway-Highway-rate. In English law A tax for the maintenance and repair of highways, chargeable upon the same property
A bandit; one who robs travelers upon the highway.
In criminni law. The crime of robbery committed upon or near a public highway. State v. Brown, ll3 N. C. 645, 18 S. E. 51. In England, by St. 23 Hen. VIII. c. 1, this was made felo
A tax for and applicable to the making and repair of highways. Stone v. Bean, 15 Gray (Mass.) 44.
- Higlerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In English law. A hawker or peddler. A person who carries from door to door, and sells by retail, small articles of provisions, and the like.
In Spanish law. A receipt given by an heir of a decedent, setting forth what property he has received from the estate.
One of the four great Roman roads of Britain. More commonly called "Ikenild Street."
A collection of orders and forms extensively modifying the pleading and practice in the English superior courts of common law, established in Hilary term, 1834. Stimson.
- Hilary Termdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. A term of court, begining on the 11th and ending on the 31st of January in each year. Superseded (1875) by Hilary sittings, which begin January 11th, and end on the
A society of men. The Saxons ranked men into three classes, and valued them, as to satisfaction for injuries, etc., according to their class. The highest class were valued at 1,200
- Hinder and Delaydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To hinder and delay is to do something which is an attempt to defraud, rather than a successful fraud; to put some obstacle in the path or interpose some time, unjustifiably, befor
The system of native law prevailing among the Gentoos, and administered by the government of British India.
In old English law. The loss or departure of a servant from his master. Domesday.
In old English law, A husbandry servant.
In Spanish law. A mortgage of real property.
See Hebciscunda.
- Hiredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
n. Compensation for the use of a thing or for labor or services. Carr v. State, 50 Ind. 180; Learned-Letcher Lumber Co. v. Fowler, 109 Ala. 169, 19 South. 396. v. To purchase the t
One who hires a thing or the labor or services of another person. Turner v. Cross, 83 Tex. 218, 18 S. W. 578, 15 In R. A. 262.
Hiring is a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry, either of himself or his servant, during a certain
In old English law. A wood. Co. Litt 4b.
The use of this pronoun in a written instrument, in referring to a person whose Christian name is designated therein by a mere initial, is not conclusive that the person referred t
In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In American law. This title is given to the governor of Massachusetts by the constituti
A title given by the constitution of Massachusetts to the lieutenant-governor of that commonwealth. Const. Mass, pt 2, c. 2, § 2, art. 1.
The chief appellate tribunal of England. It was established by the judicature acts of 1873 and 1875, and is invested with the jurisdiction formerly exercised by the court of appeal
Lat These being witnesses. The attestation clause in old deeds and charters.
In legal use, this term always restricts the matter in connection with which it is employed to a period of time already passed. Mason v. Jones, 13 Barb. (N. Y.) 479.
In old English law. A hide of land.
An abbreviation for house of lords.
Sax. A lord. 1 Spence, Ch. 36.
Sax. A lord's protection. Du Cange.
Sax. In Saxon law. The crime of betraying one's lord, (proditio domini;) treason. Crabb, Eng. Law, 59, 301.
Sax. A servant fed at his master's cost
Sax. The benefit of the law. Du Cange.
In Saxon law. A flne for being present at an unlawful assembly. Spelman.
In Saxon law. An unlawful assembly from eight to thirty-five, inclusive. Cowell.
See Ship's Husband.
In English law. An an, cient gild or fraternity at Newcastle-upon-Tyne, who dealt in sea coal. St. 21 Jac. I. c. 3.
A measure of weight in use in Wales, equal to 168 pounds, being made up of four Welsh pecks of 42 pounds each. Hughes v. Humphreys, 26 Eng. L. & Eq. 132.
In old English law. Light horsemen or bowmen; also certain tenants, bound by their tenure to maintain a little light horse for giving notice of any invasion or such like peril, tow
Lat. This. Hoc intuitu, with this expectation. Hoc loco, in this placa Hoc nomine, In this name. Hoc titulo, under this title. Hoc voce, under this word.
A hoke, hols or lesser pit of salt. Cowell.
A knight of the post; a decayed man; a basket carrier. Cowell.
This was a duty given to the landlord that his tenants and bondmen might solemnise the day on which the English conquered the Danes, being the second Tuesday after Easter week. Cow
Lat. This he is ready to verity.
Lat. (This indeed ls exceedingly hard, but so the law is written; such is the written or positive law.) An observation quoted by Black-stone as used by Ulpian in the civil law; and
This shall be preserved which Is useful in the beginning. Dig. 50, 17, 23; Bract. 73b.
A name applied to a statute which comprises a medley of incongruous subjects.
In old English law. A hlll or mountain. In old English, a how. Orene hoga, Grenehow. Domesday; Spelman.
In old English law. A sheep of the second year. Fleta, lib. 2, c. 79, §§ 4, 12. A young hog. Cowell.
A hog or swine. Cowell.
In Saxon law. A house-servant. Any stranger who lodged three nights or more at a man's house In a decennary was called "hoghenhyne," and his host became responsible for his acts as
- Hogsheaddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A measure of a capacity containing the fourth part of a tun or sixty-three gallons. Cowell. A large cask, of indefinite contents, but usually containing from one hundred to one hun
n. In old law. Tenure. A word constantly occurring in conjunction with others, as freehold, leasehold, copyhold, etc., but rarely met with in the separate form. v. I. To possess in
- Holderdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The holder of a bill of exchange, promissory note or check is the person who has legally acquired the possession of the same, from a person capable of transferring it, by indorseme
"a holder who has taken a bill of exchange (check or note) complete and regular on the face of it, under the following conditions, namely; (a) That he became the holder of it befor
Sax. In Saxon law. A military commander. Spelman.
In English law. A piece of land held under a lease or similar tenancy for agricultural, pastoral or similar purposes. In Scotch law. The tenure or nature of the right given by the
- Holding overdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
See Hold , v.
In criminni practice. A formality observed in the arraignment of prisoners. Held to be not absolutely necessary. 1 W. Bl.
- Holidaydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
A religious festival; a day set apart for commemorating some important event in history; a day of exemption from labor. Webster. A day upon which the usual operations of business a
An island in a river or the sea. Spelman. Plain grassy ground upon water sides or in the water. Blount. Low ground intersected with streams. Spelman.
In Spanish law. A holograph. An instrument (particularly a wlil) wholly in the handwriting of the person executing it; or which, to be valid, must be so written by his own hand.
- Holographdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
A will or deed written entirely by the testator or grantor with his own hand. Estate of Billings, 64 Cal. 427, 1 Pac. 701; Harrison v. Weatherby, 180 111. 418, 54 N. E. 237.
One written entirely by the testator with his own hand.
Sax. In old English law. A wood or grove. Spelman; Cowell; Co. Litt 4b.
In ecclesiastical law. The orders of bishops, (including archbishops,) priests, and deacons in the Church of England. The Roman canonists had the orders of bishop, (in which the po
- Homagedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In feudal law. A service (or the ceremony of rendering it) which a tenant was bound to perform to his lord on receiving investiture of a fee or succeeding to it as heir, in acknowl
- Homage ancestraldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In feudal law. Homage was called by this name where a man and his ancestors had immemorially held of another and hls ancestors by the service of homage, which bound the lord to war
- Homage jurydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A jury in a court-baron, consisting of tenants that do homage, who are to inquire and make presentments of the death of tenants, surrenders, admittances, and the like.
That kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saving or exception of the rights of other lords. Spelman.
- Homagerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who does or ls bound to do homage. Cowell.
A writ to the escheator commanding him to deliver seisin of lands to the heir of the king's tenant, notwithstanding hls homage not done. Fitzh. Nat. Brev. 269.
L. Lat. Homage, (q. v.) —Homagium ligium. Liege homage; that kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saving or exception