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
Such notice as la adequate in point of law; such notice &b the law requires to be given for the specific purpose or in the particular case. See Sanborn v. Piper, 64 N. H. 335, 10 A
This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tribunal, for the acquiring of a right or the enforceme
This term is sometimes nsed as equivalent to "lawful process." Cooley v. Davis, 34 Iowa, 130. But properly it means a writ, warrant, mandate, or other process issuing from a court
A remedy available, under the particuiar circumstances of the case, in a court of law, as distinguished from a remedy available only in equity. See Slate v. Sneed, 105 Tenn. 711, 5
- Legal representativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
A person who, in the law, represents the person and controls the rights of another. Primarily the term meant those artificial representatives of a deceased person, the executors an
In Scotch law. The period within which a proprietor is at liberty to redeem land adjudged from him for debt.
That which the law establishes in favor of the nearest relation of a deceased person.
That kind of coin, money, or circulating medium which the law compels a creditor to accept in payment of his debt, when tendered by the debtor in the right amount.
One cognizable or enforceable in a court of law, or one which ls complete and perfect so far as regards the apparent right of ownership and possession, but which carries no benefic
- Legantine Constitutionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name of a code of ecclesiastical laws, enacted in national synods, held under legates from Pope Gregory IX. and Clement IV., in the reign of Henry III., about the years 1220 an
The alloy of money. Spelman.
Lat. In the civil and old English law. To bequeath; to leave or give by will; to give in anticipation of dcath. In Scotch phrase, to legate.
Lat In the civil law. One to whom a thing is bequeathed; a legatee or legatary. Inst. 2, 20, 2, 4, 5, 10; Bract, fol. 40. In old European law. A legate, messenger, or envoy. Spelma
- Legateedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
The person to whom a legacy is given. See Legacy. —Residuary legatee. The person to whom a testator bequeaths the residue of his personal estate, after the payment of such other le
Nuncios, deputies or extraordinary ambassadors sent by the pope to ba his representatives and to exercise his jurisdiction in countries where the Roman Catholic Church is establish
An embassy; a diplomatic minister and his suite ; the persons commissioned by one government to exercise diplomatic functions at the court of another, including the minister, secre
One who niakes a will, and leaves legacies
The third part of a freeman's personal estate, which by the custom of London, in case he had a wife and children, the freeman might always have disposed of by will. Bac. Abr. "Cust
- Legatumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Lat In the civil law. A legacy; a gift left by a deceased person, to be executed by the heir. Inst. 2, 20, 1. In old English law. A legacy given to the church, or an accustomed mor
In Roman law. A legacy to A. B. of any article or articles that A. B. liked to choose or select out of the testator's estate. If A. B. died after the testator, but before making th
- Legatus regis vice fungitur a quo destinatur et honorandus est sicut ille cujus vicem geritdefined inBallentine's (1916)Black's (1910)
12 Coke, 17. An ambassador fills the place of the king by whom he is sent, and is to be honored as he is whose place he fills.
Lat. Accusative of lex, law. Occurring in various legal phrases, as follows: —Legem amittere. To lose one's law; that is, to lose one's privilege of being admitted to take an oath.
To lose one's law; that is, to lose one's privilege of being admitted to take an oath.
In old English law. To make law or oath.
In Roman law. To propose a law to the people for their adoption. Heinecc. Ant. Rom. lib. 1, tit. 2.
To be capable of giving evidence upon oath. Witnesses who had been convicted of crime were incapable of giving evidence, until 6 & 7 Viet. c. 85.
In Roman law. To give consent and authority to a proposed law; to make or pass it. Tayl. Civil Law, 9.
To propound or lay down the law. By an extremely obscure derivation or analogy, this term was formerly used as a slang equivalent for payment in cash or m ready money.
To give consent and authority to a proposed law; applied to the consent of the people.
Those who lose the law of the land, then justly incur the ineffaceable brand of Infamy. 3 Inst. 221.
In old English law. To wage law; to offer or to give pledge to make defense, by oath, with compurgators.
- Legesdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
Lat. Laws. At Rome, the leges (the decrees of the people in a strict sense) were laws which were proposed by a magistrate presiding in the senate, and adopted by the Roman people i
The laws of England, as distinguished from the civil law and other foreign systems
- Leges Angliæ snnt tripartitae,—jus commune, consuetudines, ae decreta comitiorumdefined inBlack's (1910)
The laws of England are threefold,—common law, customs, and decrees of parliament.
The practice of fixing and refixing [making and remaking] the laws is a most dangerous one. 4 Coke, pref.
Human laws are born, live, and die. 7 Coke, 25; 2 Atk. 674; 11 C. B. 767; 1 Bl. Comm. 89.
- Leges naturae perfectissimae snnt et immutabiles; humani vero juris conditio semper in infinitum deenrrit, et nihil est in eo quod perpetno stare possitdefined inBlack's (1910)
Leges hnmanæ nascuntur, vivunt, morinntur. The laws of nature are most perfect and immutable; but the condition of human law is an unending succession, and there is nothing in it w
In English law. Unwritten or customary laws, including those ancient acts of parliament which were made before time of memory. Hale, Com. Law, 5. See 1 Bl. Comm. 63, 64.
Laws are imposed, not on words,' but things. 10 Coke, 101; Branch, Princ.
Later laws abrogate prior laws that are contrary to them. Broom, Max. 27, 29
In English law. Written laws ; statute laws, or acts of parliament which are originally reduced into writing before they are enacted. or receive any binding power. Hale, Com. Law,
Laws under a weightier law. Hale, Com. Law, 46, 44.
Laws should bind their own maker. Flete, llb. 1, c. 17, § 1L
Roman laws regulating the mode of voting by ballot, (tabella.) i Kent, Comm. 232, note.
The laws aid the vigllant, not the negligent. Smith v. Caril, 5 Johns. Chi (N. Y.) 122, 145; Toole v. Cook, 16 How. Prae. (N. Y.) 142, 144.
Lat Released from the laws; not bound by the laws. An expression applied in the Roman civil law to the emperor. Cuivin.
When laws imposed by the state fall, we must act by the law of nature. 2 Rolle, 298.
In old records. Litigious, and so subjected to a course of law. Cowell.
Co. Litt. 183. The construction of law does no injury.
Ellesm. Postn. 55. The interpretation of law obtains the force of law.
The act of giving or enacting laws. State v. Hyde, 121 Ind. 20, 22 N. E. 644.
Making or giving laws; pertaining to the function of law-making or to the process of enactment of laws. See Evansville v. State, 118 Ind. 426, 21 N. E. 267, 4 L. R. A. 93. —Legisla
That department ofgovernment whose appropriate function is the making or enactment of laws, as distinguished from the judicial department, which interprets and applies the laws, an
A member of the legislative body or department of a state'or municipal corporation. See Prosecuting Attorney v. Judge of Recorder's Court, 69 Mich. 529, 26 N. W. 694.
The lawmaking power; the department of government whose function is the framing and enactment of laws. Evansville v. State, 118 Ind. 426, 21 N. E. 267, 4 L. R. A. 93; Sanders v. Ca
One who makes laws; a member of a legislative body.
- Legislatorum est viva vox, rebus et non verbis legem imponeredefined inBallentine's (1916)Black's (1910)
The voico of legislators is a living voice, to impose laws on things, and not on words. 10 Coke, 101.
- Legislaturedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The department, assembly or body of men that makes laws for a state or nation; a legislative body.
- Legis minister non tenetur in executions officii sui, fngere aut retrocederedefined inBlack's (1910)
The minister of the law is bound, in the execution of his office, not to fly nor to retreat Branch, Prine,
Lat A person sklil-ed or learned in the law; a lawyer or advocate. Feud. lib. 2, tit 1.
- Legitimdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In Scotch law. The chli-dren's share in the father's movables.
- Legitimacydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Lawful birth; the condition of being barn in wedlock; the opposite of illegitimacy or bastardy. Davenport v. Caldwell, 10 S. C. 337; Pratt v. Pratt, 5 Mo. App. 541.
- Legitimatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
adj. That which is lawful, legal, recognized by law or according to law; as legitimate children, legitimate authority or lawful power. Wilson v. Babb, 18 S. C. 69; Gates v. Seibert
Children bom in lawful wedlock and their descendants, not including collateral heirs or issue in indefinite succession. Lytle v. Beveridge, 58 N. Y. 605; Prindle v. Beveridge, 7 La
- Legitimationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The making legitimate or lawful that which was not originally so; especially the act of legalizing the status of a bastard. —Legitimation per snbsequens matrimonium. The legitimati
The legitimation of a bastard by the subsequent marriage of his parents. Bell.
- Legitimedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Lat. In the civil law. That portion of a parent's estate of which he cannot disinherit his children without a legal cause. Miller v. Miller, 105 La. 257, 29 South. 802; Gox v. Von
Lat In Roman law. Legitimate heirs; the agnate relations of the estate-leaver; so called because the inheritance was given to them by a law of the Twelve Tables.
Lawful; legitimate.
A lawful son and heir is he whom the marriage points out to be lawful. Bract fol. 63.
In old English practice, this was the formal question propounded to the ordinary when a prisoner claimed the benefit of clergy,—does he read or not? If the ordinary found that the
Lat In Roman law. I bequeath. A common term in wills. Dig. 30, 36, 81, et seq.
In old records. A flne for criminal conversation with a woman.
The title of a French work on marine insurance, by an unknown author, dating back, probably, to the sixteenth century, and said to have bcen prepared for the merchants of Rouen. It
A person skilled in law, (in legibus versatus;) one versed in the forms of law. Calvin.
An officer under the Saxon government, who had jurisdiction over a lath. Enc. Lond. See Lath.
In old English law. A fugitive or runaway.
- Le ley de Dien et ley de terre sont tpnt nn; et l'un et l'autre preferre et favour le common et publique hien del terredefined inBlack's (1910)
The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land. Keilw. 191.
- Le ley est le pins hant enheritanoe que le roy ad, ear per le ley il mesme et tonts ses snjets sont rnles; et, si le ley nc fnit, nnl roy ne nul enheritancc serradefined inBlack's (1910)
1 J. H. 6, 63. The law Is the highest inheritance that the king possesses, for by the law bath he and ali his subjects are ruled; and, if there were no law, there would be neither
To part with a thing of value to another for a time fixed or indefinite, yet to have some time in ending, to be used or enjoyed by that other, the thing itself or the equivalent of
He from whom a thing is borrowed. The bailor of an article loaned.
In ecclesiastical law. The quadragesimal fast; a time of abstinence; the time from Ash-Wednesday to Easter.
Pcople; a pcople; a nation. Spelman.
In old European law. A vassal or liege man; service; a were or were-gild. Spelman.
A tax for supplying the church with lights. Anc. Inst. Eng.
Lat. An attempted partnership, in which one party was to bear all the losses, and have no share in the profits. This was a void partnership in Roman law; and, apparently, it wonid
A chstom in the manor of Writtle, in Essex, that every cart which goes over Greenbury within that manor (except it be the cart of a nobleman) shall pay 4d. to the lord. Blount.
A greyhound. Cowell.
A place where hares are kept Mon. Angl. t. 2, p. 1035.
An ancient writ that lay to remove a leper or lazar, who thrust himself into the company of his neighbors in any parish, either in the church or at other public meetings, to their
L. Lat. A leper. —Leproso amovendo. An ancient writ that lay to remove a leper or lazar, who thrust himself into the company of his neighbors in any parish, either in the church or
The old law-French words for "the king." —Le roi vent en deliberer. The king will deliberate on it. This is the formula which the king of the French used when he intended to veto a
The king will deliberate on it. This is the formula which the king of the French used when he intended to veto an act of the legislative assembly. 1 Toullier, no. 42.
The king (or the queen) wills it. The form of the royal assent to public bilis in parliament. —Le roy (or la reine) remercie ses loyal sujets, accepte leur henevoleuce, et ainsi le
The king (or queen) will advise upon it. The form of words used to express the refusal of the royal assent to public bills in parliament 1 Bl. Comm. 184. This is supposed to corres
Trees fallen by chanco or wind-falls. Brooke, Abr. 341.
The old English and Scotch translation of "lœsa majestas," or high treason. 2 Rceve, Eng. Law, 6.
- Lesiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Fr. Damage; injury; detriment. Kelham. A term of the Scotch law. In the civil law. The injury suffered by one who does not recoive a full equivalent for what he gives in a commutat
An inferior officer in forests to take care of the vert and venison therein, etc. Wharton.
- Lesseedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
He to whom a lease ls made. He who holds an estate by virtue of a lease. Viterbo v. Friedlander, 120 U. S. 707, 7 Sup. Ct. 962, 30 In Ed. 776.