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
- Anchoragedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In English law. A prestation or toll for every anchor cast from a ship in a port; and sometimes, though there be no anchor. Hale, de Jure Mae, pt. 2, c. 6. See 1 W. Bl. 413 et seq.
A watch, consisting of a small number of men, (from one to four,) kept constantly on deck while the vessel is riding at single anchor, to see that the stoppers, painters, cables, a
Old; that which has existed from an indefinitely early period or which by age alone has acquired certain rights or privileges accorded in view of long continuance. —Ancient deed. A
A deed 30 years old and shown to come from a proper custody and having nothing suspicious about it is an "ancient deed" and may be admitted in evidence without proof of its executi
- Ancient demesnedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Manors which in the time of William the Co.nqueror were in the hands of the crown, and are so recorded in the Domesday Book. Fitzh. Nat. Brev. 14. 56; Baker v. Wich, 1 Salk. 56. Te
Deeds, wills, and other writings more than thirty years old are so called; they are presumed to be genuine without express proof, when coming from the proper custody.
- Ancient housedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
One which has stood long enough to acquire an easement of support against the adjoining land or building. 3 Kent, Comm. 437; 2 Washb. Real Prop. 74, 76. In England this term is app
- Ancient lightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Lights or windows in a house, which have been used in their present state, withbut molestation or interruption, for twenty years, and upwards. To these the owner of the house has a
The rent reserved at the time the lease was made, if the building was not then under lease. Orby v. Lord Mohun. 2 Vem. 542
- Ancientsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In English law. Gentlemen of the Inns of court and chancery. In Gray's Inn the society consiste of benchers, ancients, barristers, and students under the bar ; and here the ancient
In English law. The eldest of the queen's Serjeants.
A wall built to be used, and in fact used, as a party-wail, for more than twenty years, by the express permission and continuous acquiescence of the owners of the land on which it
A water-course is "ancient" if the channel through which it naturally runs has existed from time immemorial independent of the quantity of water which it discharges. Earl v. De Har
- Ancient writingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Wills, deeds, or other documents upwards of thirty years old These are presumed to be genuine without express proof, when coming from the proper custody.
Eldership; seniority. Used in the statute of Ireland, 14 Hen. VIII. Cowell.
- Ancillarydefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Aiding auxiliary; attendant upon; subordinate; a proceeding attendant upon or which aids another proceeding considered as principal. Steele v. Insurance Co., 31 App. Div. 389, 52 N
When a decedent leaves property in a foreign state, (a state other than that of his domicile.) administration may be granted in such foreign state for the purpose of collecting the
One sued out in aid of an action already brought, its only office being to hold the property attached under it for the satisfaction of the plaintiff's demand Templeton v. Mason, 10
One growing out of and .auxiliary to another action or suit, either at law or in equity, such as a bill for discovery, or a proceeding for the enforcement of a judgment, or to set
Lat. In international law. Of doubtful use; the use of whieh is doubtful; that may be used for a civil or peaceful, as well as military or warlike, purpose. Gro. de Jure B. lib. 3,
In old English law. A dairy-woman. Fleta, llb. 2, c. 87.
An hermaphrodite.
The taking by one nation of the citizens or subjects of another, in order to compel the latter to do justice to the former. Wolffius, § 1164; Moll, de Jure Mar. 26.
L. Lat. Spelled also œsnecius, enitius, œneas, eneyus. The eldest-born; the first-born; senior, as contrasted with the puis-ne, (younger.) Spelman.
Fr. Year and day; a year and a day.
- Angariadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A term used in the Roman law to denote a forced or compulsory service exacted by the government for public purposes ; as a forced rendition of labor or goods for the public service
An ancient English coin, of the value of ten shlllings sterling. Jacob.
A strong passion of the mind excited by real or supposed injuries; not synonymous with "heat of passion," "malice," or "cage or resentment," because these are all terms of wider im
In 4 Saxon law. The single value of a man or other thing; a single were-gild; the compensation of a thing according to its single value or estimation. Spelman. The double gild or c
In old English law. Englishery; the fact of being an Englishman.
- Anglicedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English. A term formerly used in pleading when a thing is described both in Latin and English, inserted immediately after the Latin and as an introduction of the English transla
The laws of England in every case of liberty are favorable, (favor liberty in all cases.) Fortes, c. 42.
An Englishman domiciled in the Indian territory of the British crown.
Great or extreme pain, agony or distress, either of body or mind; but, as used in law, particularly mental suffering or distress of great intensity. Cook v. Railway Co., 19 Mo. App
In Saxon law. The rate fixed by law at which certain injuries to person or property were to be paid for; in injuries to the person, it seems to be equivalent to the "were," i. e.,
In old English law. A single tribute or tax, paid according to the custom of the country as scot and lot.
Null, void, of no force or effect. Fitzh. Nat. Brev. 214.
- Animaldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
Any animate being which is endowed with the power of voluntary motion. In the language of the law the term includes all living creatures not human. Domitœ are those which have been
Animals in which a right of property may be acquired by reclaiming them from wildness, but which, at common law, by reason of their base nature, are not regarded as possible subjec
The intention of destroying or canceling, (applied to wills.)
The intention of giving. Expressive of the intent to give which is necessary to constitute a gift.
The intention to make a gain or profit.
The intention to remain, or to delay.
The intention of possessing —Animns quo.' The intent with which.
The intention of receiving.
The intention to republish.
The intention of restoring. Fleta, lib. 3, c. 2, § 3.
The intention of returning. A man retains his domicile if he leaves it animo revertendi. In re Miller's Estate, 3 Rawle (Pail 312, 24 Am. Dec. 34o; 4 Bl. Comm. 225; 2 Russ. Crimes,
The intention to revoke.
An intention to make a testament or will. Farr v. Thompson, 1 Speers (S. C.) 105. Animus ad, se omne jus ducit. It is to the intention that all law applies. Law always regards the
Lat. With intention, disposition, design, will. Quo animo, with what intention. Animo cancellandi, with intention to cancel. 1 Pow. Dev. 603. Furandi, with intention to steal. 4 Bl
By the mind, and by the body; by the intention and by the physical act. Dig. 50, 17, 153; Id. 41, 2 3, 1; Fleta, lib. 5, c. 5, §§ 9, 10.
With felonious intent. Hob. 134.
Lat. Mind; intention; disposition; design; will. Animo, (q. v.;) with the intention or design. These terms are derived from the civll law. —Animns cancellandi. The intention of des
The intention to take or capture. 4 C. Rob. Adm. 126, 155
The intention of donating or dedicating.
The intention of defaming. The phrase expresses the malicious intent which is essential in every case of verbal injury to render it the subject of an action for libel or slander.
The intention of abandoning. 4 C. Rob. Adm. 216. Rhodes v. Whitehead, 27 Tex. 304, 84 Am. Dec. 631.
The intention of obtaining delay.
Intention and act; will and deed. Used to denote those acts which become effective only when accompanied by a particular intention.
The intention to steal. Gardner v. State, 55 N. J. Law, 17, 26 Atl. 30; State v. Slingerland, 19 Nev. 135, 7 Pan. 280.
The intention of remaining; intention to establish a permanent residence. 1 Kent, Comm. 76. This is the point to be settled in determining the domicile or residence of a party. Id.
The intention of recovering Locc. de Jure Mar. lib. 2, c. 4, § 10.
In feudal law. Year, day, and waste. A forfeiture of the lands to the crown incurred by the felony of the tenant, after which time the land escheats to the lord. Termes de la Ley,
A measure containing ten gallons.
- Anndefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Scotch law. Half a year's stipend, over and above what is owing for the Incumbency, due to a minister's relict or child or next of kin, after his decease, Whishaw.
In East Indian coinage, a piece of money, the sixteenth part of a rupee,
Lat. Annuals; a title formerly given to the Year Books. In old records. Yearlings; cattle of the first year. CowelL
In Scotch law. To alienate; to convey.
Sharp weapons that cut, in contradistinction to such as are blunt, which only break or bruise. Fleta, lib. 1, c. 33, par., 6.
- Annatesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In ecclesiastical law. First-fruits paid out of spiritual benefices to the pope, so called because the value of one year's profit was taken as their rate.
To add to; to unite; to attach one thing permanently to another. The word expresses the idea of joining a smaller or subordinate thing with another, larger or of higher importance.
- Annexationdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The act of attaching, adding, joining or uniting one thing to another; generally spoken of the connection of a smaller or subordinate thing with a larger or principal thing. The at
A child a year old. Cal-vim
- Anniculus trecentesimo sexagesimo-quinto die dicitur, incipiente plane non exacto die, quia icisum civiliter non ad momenta temporum sed ad dies numeramurdefined inBlack's (1910)
We call a child a year old on the three hundred and sixty-fifth day, when the day is fairly begun but not ended, because we calculate the civll year not by moments, but by days. Di
Made null, abrogated, frustrated or brought to nothing. Litt c. 3, § 741.
Lat. Years and terms. An old title of the Year Books.
- Anni Nubilesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)Burrill (1850)Bouvier (1839)
A woman's marriageable years. The age at which a girl becomes by law fit for marriage; the age of twelve.
An annual day, In old ecclesiastical law, set apart in memory of a deceased person. Also called "year day" or "mind day." Spelman.
In the year of the Lord. Commonly abbreviated A. D. The computation of time, according to the Christian era, dates from the birth of Christ. This phrase has become Anglicized by ad
- Annonadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Grain; food. An old English and civil law term to denote a yearly contribution by one person to the support of another.
A species of yearly rents issuing out of certain lands, and payable to certain monasteries.
In the civil law. The sign-manual of the emperor; a rescript of the emperor, signed with his own hand. It is distinguished both from a rescript and pragmatic sanction, in Cod. 4, 5
A remark, note or commentary on some passage of a book, intended to illustrate its meaning. Webster. In the civil law. An imperial rescript signed by the emperor. The answers of th
Occurring or recurring once in each year; continuing for the period of a year; accruing within the space of a year; relating to or covering the events or affairs of a year. State v
Annual income la annual receipts from property. Income means that which comes in or is received from any business, or investment of capital, without reference to the outgoing expen
The meaning of this term, as applied to interest, is not an undertaking to pay interest at the end of one year only, but to pay interest at the end of each and every year during a
In Scotch law. A yearly profit or rent.
In Scotch law. Yearly interest on a loan of money.
The net yearly income derivable from a given piece of property ; its fair rental value for oue year, deducting costs and expenses; the value of iis use for a year.
A judge (or court) does not divide annuities nor debt. 8 Coke, 52; 1 Salk. 36, 65. Debt and annuity cannot be divided or apportioned by a court.
An ancient writ to provide the king's chaplain, if he had no preferment, with a pension. Reg. Orig. 165, 307.
The recipient of an annuity; one who is entitled to an annuity.
In Scotch law. Annuities of tithes; 10s. out of the boll of tiend wheat, 8s. out of the boll of beer, less out of the boll of rye, oats, and peas, allowed to the crown yearly of th
- Annuitydefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)
A yearly sum stipulated to be paid to another in fee or for life or years, and chargeable ohly on the person of the grantor. Co. Litt. '144b. An annuity is different from a rent-ch
An impost levied annually in Scotland for the maintenance of the ministers of religion.
To cancel; make void; destroy. To annul a judgment or judicial proceeding is to deprive it of all force and operation, either ab initio or prospectively as to future transactions.
Lat. In old English law. A ring; the ring of a door. Per haspam vel annutum hostii exterioris; by the hasp or ring of the outer door. Fleta, llb. 3, c. 15, § 5.
- Annulus Et Baculusdefined inBallentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
(Lat ring and staff.) The investiture of a bishop was per annutum et baculum, by the prince's delivering to the prelate a ring and pastoral staff or erozier. 1 Bl. Comm. 378; Spelm
- Annusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. In civil and old English law. A year; the period of three hundred and sixty-five days. Dig. 40, 7, 4, 5; Calvin.; Bract, fol. 359b. —Annus deliberandi. In Scotch law. A year o