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 hundredary or hundredor. A name given to the chief officer of a hundred, as well as to the freeholders who composed it Spel. voc. "Hundredus."
The chief or presiding officer of a hundred.
- Hundred courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. A larger court-baron, being held for all the inhabitants of a particular hundred, instead of a manor. The free suitors are the judges, and the steward the registrar
The presiding officer ip the hundred court. Ann. Inst Eng.
- Hundred gemotedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Among the Saxons, a meeting or court of the freeholders of a hundred, which assembled, originally, twelve times a year, and possessed civil and criminal jurisdiction and ecclesiast
The law of the hundred, or hundred court; liability to attend the hundred court Spelman.
- Hundredorsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In English law. The inhabitants or freeholders of a hundred, anciently the suitors or judges of the hundred court. Persons impaneled or fit to be impaneled upon juries, dwelling wi
In old English law. A tax collected from the hundred, by the sheriff or lord of the hundred.
The performance of suit and service at the hundred court.
In Saxon law. The dwellersor inhabitants of a hundred. Cowell; Blount. Spelman suggests the reading of sceatena from Sax. "sceat," a tax.
A denomination of weight containing, according to the English system, 112 pounds; but in this country, generaliy, it consists of 100 pounds avoirdupois.
A jury so irreconcilably divided in opinion that they cannot agree upon any verdict.
A domestic; one of a family.
- Hurdledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In English criminal law. A kind of sledge, on which convicted felons were drawn to the place of execution.
A storm of great violence or intensity, of which the particular characteristic is the high velocity of the wind. There is naturally no exact measure to distinguish between an ordin
A wood or grove of trees. Co. Litt4b.
In such phrases as "to the hurt or annoyance of another," or "hurt, molested or restrained in his person or estate," this word is not restricted to physical injuries, but includes
A ram or wether.
In Spanish law. Theft. White, New Recop. b. 2, tit 20.
- Husbanddefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A married man; one who has a lawful wife living. The correlative of "wlfe." Etymologically, the word signified the "honse band;" the man who, according to Saxon ideas and instituti
One of the great domestic relationships ; being that of a man and woman lawfully joined in marriage, by which, at common law, the legal existence or a wife is incorporated with tha
In old Scotch law. A quantity of land containing' commonly six acres. Skene.
A farmer; a cultivator or tiller of the ground. The word "farmer" is colloquially used as synonymous with "husbandman." but originally meant a tenant who cultivates leased ground.
In old English law. Husbandry. Dyer, (Fr. Ed.) 35b.
Agriculture; cultivation of .the soil for food; farming, in the sense of operating land to raise provisions. Simons v. Lovell, 7 Heisk. (Tenn.) 516; McCue v. Tunstead, 65 Cal. 506,
In Saxon law. The crime of housebreaking or burglary. Crabb, Blag. Law, 59, 308.
In old English law. A house servant or domestic; a man of the household. Spelman. A king's vassal, thane, or baron; an earl's man or vassal. A term of frequent occurrence in Domesd
He who holds house and land. Bract 1. 3, ti 2, c. 10.
In old records. House rent; or a tax or tribute laid upon a house. Coweli; Blount
A colioquial expression to designate a bribe to hinder ihformation; pay to secure silence.
- Hustingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
Council; court; tribunal. Apparently so called from being held within a building, at a time when other courts were held in the open a in. It was a local court The county court in t
- Hutesium Et Clamordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Hue and cry. See Hue and Cry.
Taxes. Mon. Angl. L 586.
An abbreviation for hoc verbo or hac voce, this word, under this word; used in references to dictionaries and other works alphabetically arranged. '
In old English law. Augury; divination.
In old English law. The season for sowing winter grain, between Michaeimas and Christmas. The land on which such grain was sown. The grain itself; winter grain or winter corn. Cowe
A mongrel; an animal formed of the union of different species or different genera; also (metaphorically) a human being born of the union of persons of different races.
In old English law. Hide; skim A measure of land, containing, acoording to some, a hundred acres, which quantity is also assigned to it in the Dialogus de Scaccario. It seems, howe
See Hidagk.
An instrument for measuring the density of fluids. Being immersed in fluids, as in water, brine, beer, brandy, etc., it determines the proportion of their density or their specific
Lat In the civil law. Winter. Dig. 43, 20, 4, 34. Written, in some of the old books, "yems." Fleta, llb. 2, c. 73, §§ 16, 18.
In the civil law. The name of the bequest or legacy given by the husband to his wlfe, at his death, above her dowry,
In medical jurisprudence. A psychic or mental state rendering the patient susceptible to suggestion at the will of another. The hypnotic state is an abnormal condition of the mind
See Insanitt.
A mild or slightly developed form or type of mania
In medical jurisprudence, (1) The morbid deposition of a sediment of any kind in the body. (2) A congestion or flushing of the blood vessels, as in varicose veins. Post-mortem hypo
In Scotland, the term "hypothec" is used to signify the landlord's right which, independently of any stipulation, he has over the crop and stocking of his tenant. It gives a securi
- Hypothecadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Hypotheca was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignus," in the same law, it denoted a mortgage, whether of lands or of goo
- Hypothecaria Actiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
Lat In the civil law. An hypothecary action; an action for the enforcement of an hypothec a, or right of mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7;
Lat In the civil law. Hypothecary creditors; those who loaned money on the security of an hypothec a, (q. v.) Calvin.
The name of an action allowed under the civil law for the enforcement of the claims of a creditor by the contract of hypotheca. Lovell v. Cragin, 136 U. S. 130, 10 Sup. Ch 1024, 34
To pledge a thing without delivering the possession of it to the pledgee. "The master, when abroad, and in the absence of the owner, may hypothecate the ship, freight, and cargo, t
- Hypothecationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A term borrowed from the civil law. In so far as it is naturalized in English and American law, it means a contract of mortgage or pledge in which the subject-matter is not deliver
A bond given in the contract of bottomry or respondentia.
In French law. Hypothecation ; a mortgage on real property; the right vested in a creditor by the assignment to him of real estate as security for the payment of his debt, whether
A supposition, assumption or theory; a thcory set up by the prosecution, on a criminal trial or by the defense, as an explanation of the facts in evidence, and a ground for inferri
A combination of assumed or proved facts and circumstances, stated in such form as to constitute a coherent and specific situation or state of facts, upon which the opinion of an e
The basis, in England, of rating lands and hereditaments to the poor-rate, and to other rates and taxes that are expressed to be leviable or assessable in like manner as the poor-r
In old English law. A parish.
A paroxysmal disease or disorder of the nervous system, more common in females than males, not originating in any anatomical lesion, due to psychic rather than physical causes, and
A condition initiated by an apparently mild attack of convulsive hysteria, followed by an epileptiform convulsion, and succeeded by a period of "clownism" (Osier) in which the pati
Those who, having bcen thought dead, had, after a long absence in foreign countries, returned safely home; or those who, having' been thought dead in battle, had afterwards unexpec
The Caesarean operation. See Cæsarean Section.
In English law. A port, wharf or smuil haven to embark or land merchandise at. Cowell; Blount.
The initial letter of the word "Instituta," used by seme civilians in citing the Institutes of Justinian. Tayl. Civil Law, 24.
In old English law. The season for sowing winter corn. Also spelled "hibernagium" and "hybernagium."
Lat In the same place; in the same book ; on the same page, etc. Abbreviated to "Ibid." or "ib,"
- Ibi semper debet fieri triatio ubi juratores meliorem possunt babere notitiamdefined inBlack's (1910)
7 Coke, lb. A trial should always be had where the jurors can be the best informed.
The ancient name for the pcople of Suffolk, Norfolk, Cambridgeshire, and Huntingdonshire, in England.
An image, figure or representation of a thing. Du Cange,
In old English law. A stroke or blow from a club or stone; a bruise, contusion or swelling produced by a blow from a club or stone, as distinguished from "plaga," (a wound.) Fleta,
An abbreviation for "jurisconsultus," one learned in the law; a jurisconsult
In medical jurisprudence. A maim, a bruise, or swelling; any hurt without cutting the skin. When the skin is cut, the injury is called a "wound." Bract, lib. 2, tr. 2. cc. 5, 24.
That is certain which can be made certain. 2 Bl. Comm. 143; 1 Bl. Comm. 78; 4 Kent, Comm. 462; Broom, Max. 624.
- Id certum est quod certum reddi potest, sed id magis eertum est quod de semetipso est eertumdefined inBlack's (1910)
That is certain which can be made certain, but that is more cortain which is certain of itself. 9 Coke, 47a.
Lat The same. According to Lord Coke, "idem" has two significations, sc., idem syllabis seu verbis,. (the same in syllables or words,) and idem re et sensu, (the same in substance
Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer and person to whom the thing is done.
- Idem est facere, et non prohibere cum possis; et qui non prohibit, cum prohibere possit, in culpa est, (aut jubet)defined inBlack's (1910)
3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can prohibit is in fault, or does the same as ordering it to
It is the same thing to say nothing, and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the pl
It is the same thing not to be as not to appear. Jenk. Cent. 207. Not to appear is the same thing as not to be. Broom, Max. 165.
What is not proved and what does not exist are the same; it is not a defect of the law, but of proof.
To be bound to know or to be able to know is the same as to know.
The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question.
Co. Litt. 685. "The same" is always referred to its next antecedent.
- Idem Sonansdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied In the spelling, as "Lawrence" and "Lawrance," a
- Identificationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Proof of identity; the proving that a person, subject or article before the court is the very same that he or it is alleged, charged or reputed to be; as where a witness recognizes
True identity is collected from a multitude of signs. Bac. Max.
- Identitate Nominisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
In English law. An ancient writ (now obsolete) which lay for one taken and arrested in any personal action, and committed to prison, by mistake for another man of the same name; Fi
- Identitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In the law of evidence. Sameness; the fact that a subject, person, or'thing before a court is the same as it is represented, claimed, or charged to bs. See Burrlll, Circ. Ev. 382,
Lat Therefore. Calvin.
Lat. Therefore it is considered. These were the words used at the beginning of the entry of judgment in an action, when the forms were in Latin. They are also used as a name for th
A division of time among the Romans. In March, May, July, and October, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is stl
Lat That is. Commonly abbreviated "i. e."
Græco-Lat. In the civil law. An instrument privately executed, as distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Calvin.
- Idiocydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Insanity.
such as results from a disease of the brain itself, lesions of the cortex, cerebral anemia, etc.
- Idiotdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A person who has been without understanding from hls nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Insanity.
In the civil law. An unlearned, Illiterate or simple person. Calvin. A private man; one not in office. In common law. An idiot or fool.
To purge one's self by oath of a crime of which one is accused.
Lat. In the civil and common law. Sufficient; competent; fit or proper; responsible; unimpeachable. Idoneus homo, a responsible or solvent person; a good and lawfui man. Sufficient