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
- Magnum Conciliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. The great council; the general council of the realm; afterwards called "parliament." 1 Bl. Comm. 148; 1 Reeve, Eng. Law, 62; Spelman. The king's great council o
The great statute roll. The first of the English statute rolls, beginning with Magna Charta, and ending with Edward III. Hale, Com. Law, 16, 17.
In Hindu law. A banker or any great shop-keeper.
In Hindu law. Any land or public fund producing a revenue to the government of Hindostan. "Mahalaat" is the plural.
In maritime law. The German name for the contract for the building of a vessel. This contract contains a specification of the kind of vessel intended, her dimensions, the time with
In Scotch law. An instrument formerly used in beheading criminals. It resembled the French guillotine, of which it is said to have been the prototype. Wharton.
- Maiden Assizedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. Originally an assize at which no person was condemned to die. Now it is a session of a criminal court at which there are no prisoners to be tried.
- Maiden Rentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A fine paid by the tenants of some manors to the lord for a license to marry a daughter. Cowell. Or, perhaps, for the lord's omitting the custom of marcheta, (q. v.)
A brasier's shop, or, perhaps, a house. Cowell.
- Maihemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
See Mayhem; Maim.
Maimed or wounded.
In old English law. Mayhem, (q. v.)
3 Inst. 118. Mayhem is incipient homicide,
- Maihemium est inter crimina majora minimum, et inter minora maximumdefined inBallentine's (1916)Black's (1910)
Co.. Litt. 127. Mayhem is the least of great crimes, and the greatest of small.
- Maihemium est membri mutllatio, et dici poterit, ubi aliquis in aliqua parte sui corporis effectus sit inutilis ad pugnandumdefined inBlack's (1910)
Co. Litt. 126. Mayhem is the mutilation of a member, and can be said to take place when a man is injured in any part of his body so as to be useless in fight
- Maildefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
As applied to the post-office, this term mcans the carriage of letters, whether applied to the bag into which they are put, the coach or vehicle by means of which they are transpor
Suitable or admissible for transmission by the mail; belonging to the classes of articles which, by the laws and postal regulations, may be sent by post.
In old English law. A kind of ancient money or silver half-pence; a small rent.
This word, as applied to a letter, means that the letter was properly prepared for transmission by the servants of the postal department, and that it was put in the custody of the
In Scotch law. The rents of an estate. Bell.
This term includes letters, packets, etc , received for transmission, and to be transmitted by post to the person to whom such matter is directed. U. S. v. Huggett (C. C) 40 Fed. 6
- Maimdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
To deprive a person of a member or part of the body, the loss of which renders him less capable of fighting; to commit mayhem, (q. v.) State v. Johnson, 58 Ohio St. 417, 51 N. E. 4
L. Fr. A hand. More commonly written "meyn." —Main-a-main, Immediately. Kelham. Principal, chief, most important in size, extent or utility. —Main channel. The main channel of a ri
In old English law. A false oath; perjury. Cowell. Probably from Sax. "manath" or "mainath" a false or deceitful oath.
Kelham.
A small tribute, commonly of loaves of bread, which in some places the parishioners paid to the rector in lieu of small tithes. Cowell.
- Mainourdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
In criminal law. An article stolen, when found in the hands of the thief. A thief caught with the stolen goods in his possession is said to be taken "with the mainour," that is, wi
A trespass committed by hand. See 7 Rich. II, c. 4.
- Mainpernabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Capable of being bailed; bailable; admissible to bail on giving surety by mainpernors.
In old practice. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. "Mainpernors" differ from "bail" in that a man's
- Mainprisedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
The delivery of a person into the custody of mainpernors, (q. v.) Also the name of a writ (now obsolete) commanding the sheriff to take the security of mainpernors and set the part
The open, unin-dosed ocean ; or that portion of the sea which is without the fauces terræ on the sea-coast, in contradistinction to that which is surrounded or inclosed between nar
- Mainsworndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Forsworn, by making false oath with hand (main) on book. Used in the north of England. Browni. 4; Hob. 125.
To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Boutiller v. The Milwaukee, 8 Minn. 105, (Gll. 80, 81.)
- Maintaineddefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In pleading. A technical word indispensable in an indictment for maintenance. 1 Wils. 325.
In criminal law. One that maintains or seconds a cause depending in suit between others, either by disbursing money or making friends for either party towards his help. Blount. One
- Maintenancedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living or food, clothing, shelter, etc., particularly where the legal rel
An old form of "mayor."
In old Scotch law. An officer to whom process was directed. Otherwise called "rnair of fie," (fee,) and classed with the "serjand." Skene. In French law. A mayor.
Fr. A hospital; an almshouse; a monastery. St. 39 Eliz. c, 6. Literally, "house of God."
An old form of "master."
A house, mansion or farm. Cowell.
Fr. In French maritime law. Master; the master or captain of a vessel. Ord. Mar. liv. 2, tit 1, art. 1.
- Majestasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Lat. In Roman law. The majesty, sovereign authority or supreme prerogative of the sinte or prince. Also a shorter form of the expression "crimen majestatis," or "crimen lœsœ majest
Royal dignity. A term used of kings and emperors as a title of honor.
- Majordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
A person of full age; one who is no longer a minor; one who has attained the management of his own concerns and the enjoyment of his civic rights. In military law. The officer next
The grcater year; the bissextile year, consisting of 366 days. Bract, fol. 359b.
- Majora Regaliadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The king's dignity, power, and royal prerogative, as opposed to his revenue, which is comprised in the minora regalia. 2 Steph. Comm. 475; 1 Bl. Comm. 240.
- Majore poena affectus quam legibus statuta est, non est infamisdefined inBallentine's (1916)Black's (1910)
One affected with a greater punishment than is provided by law is not infamous. 4 Inst. 66.
In Roman law and genealogical tables. The male ascendants beyond the sixth degree. In old English law. Greater persons; persons of higher condition or estate.
- Major Generaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In military law. An officer next in rank above a brigadier
2 Inst. 56. A greater inheritance comes to every one of us from right and the laws than from parents.
In th6 greater sum the less is included. 2 Kent, -Comm. 618 ; Story, Ag. § 172.
- Majoritydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Full age; the age at which, by law, a person Is entitled to the management of his own affairs and to the enjoyment of civic rights. The opposite of minority. Also the status of a p
Bract, fol. 16. The greater number contains in itself the less.
The more worthy draws to itself the less worthy. Co. Litt. 43, 355b; Bract fol. 175 ; Noy, Max. p. 6, max. 18.
In old practice. Greater right or more right. A plea in the old real actions. 1 Reeve, Eng. Law, 476. Majus jus merum, more mere right. Bract, fol. 31.
- Makedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
1. To cause to exist; to form, fashion or produce; to do, perform or execute; as to make an issue, to make oath, to make a presentment. 2. To do in form pf law; to perform with due
To agree upon, and conclude or adopt, a contract. In case of a written contract, to reduce it to writing, execute it in due form, and deliver it as binding.
To transfer one's property to an assignee for the banefit of one's creditors.
To form and publish a judgment on the facts. Hoff v. Taylor, 5 N. J. Law, 833.
To fail or be wanting in some legal duty; particularly, to omit the entering of an appearance when duly summoned in an action at law or other judicial proceeding, to neglect to obe
A Scotch phrase, equivalent to the old English phrase, "to make one's law."
- Makerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who makes, frames or ordains; as a "law-maker." One who makes or executes; as the maker of a promissory note. See Aud v. Magruder, 10 Cal. 290; Sawyers v. Campbell, 107 Iowa, 3
In old practice. The formality of denying a plaintiff's charge under oath, in open court, with compurgators. One of the ancient methods of trial, frequently, though inaccurately, t
A prefix meaning bad, wrong, fraudulent; as maladministration, malpractice, malversation, etc.
Lat. Bad; evll; wrongful. —Mala fides. Bad faith. The opposite of bona fides, (q. v.) Maid fide, in bad faith Mala fidei possessor, a possessor in bad faith. Mackeld. Rom. Law, § 2
This term ls used, in the law-books, interchangeably with mis-administration, and both words mean "wrong administration." Minkler v. State, 14 Neb. 183, 15 N. W. 331.
Bad faith. The opposite of bona fides, (q. v.) Maid fide, in bad faith Mala fidei possessor, a possessor in bad faith. Mackeld. Rom. Law, § 207.
Sed in expositione Instrumentorum mala grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate a deed. But in the exposition of instruments, bad grammar, as far as
Wrongs in themselves; acts morally wrong; offenses against conscience. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8; Com. v. Adams, 114 Mass. 323, 19 Am. Rep. 362; Turner v. Merchants' Bank,
In old English law. A thief or pirate, Wals. 338.
Malpractice; unskillful management or treatment Particularly applied to the neglect or unskillful management of a physician, surgeon, or apothecary. 3 Bl. Comm. l22.
Prohibited wrongs or offenses, acts which are made offenses by positive laws, and prohibited as such. 1 Bl. Comm. 57, 58 ; 4 Bl. Comm. 8.
In Hindu law. Judicial; belonging to a judge or magistrate.
A hill where the pcople assembled at a court, like the English assizes ; which by the Scotch and Irish were calied "parley hills." Du Cange.
In Hindu law. A treasury or store-house.
- Maledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
Of the masculine sex; of the sex that begets young.
In old English law. Uhfavorably thought of; in bad repute or credit. Bract, fols. 116, 154.
That Is a cursed interpretation which corrupts the text. 4 Coke, 35a; Broom, Max. 622.
A curse, which was anciently annexed to donations of lands made te churches or religious houses, against those who should violate their rights. Coweli.
A crime; an offense.
He who is guilty or has been convicted, of some crime or offense.
- Maleficia non debent remanere impunita; et impunitas continuum affectum tribuit delinquentidefined inBallentine's (1916)Black's (1910)
4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent.
Jenk. Cent. 290. Evll deeds are distinguished from evil purposes, or by their purposes.
In the civil law. Waste; damage; tort; injury. Dig. 5, 18, L
A curse,
Forsworn. Cowell.
- Malfeasancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The wrongful or unjust doing of soihe act which the doer has no right to perform or which he has stipulated by contract not to do. It differs from "misfeasance" and "non-feasance,"
In Spanish law. Offense. White, New Recop. b. 2, tit. 19, c. 1, § 1.
In Fr. Against the will; without the consent. Hence the single word "malgre," and more modern "maugre," (q. v.)
- Malicedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In criminal law. In its legal sense, this word does not simply mcan ill will against a person, but signifies a wrongful act done intentionally, without Just cause or excuse. Bromag
In the definition of "murder," malice aforethought exists where the person doing the act which causes death has an intention to cause death or grievous bodily harm to any person, (
Express or actual malice. Railway Co. v. Behee, 2 Tex. Civ. App. 107, 2l S. W. 384; Hotchkiss v. Porter, 30 Co.nn. 414,
Implied, inferred, or legal malice. See Smith v. Rodecap, 5 Ind. App. 78, 31 N. E. 479; Bacon v. Railroad Co., 66 Mich. 166, 33 N. W. 181.
Malice aforethought ; deliberate, predetermined malice. 2 Rolie, 461.
The act of one .who maliciously or mischievously injures or causes to be injured any property of another or any public property. State v. McKee, 109 Ind. 497, 10 N. E. 405; Hannel
- Maliciousdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
Evincing malice; done with malice and an evil design; willful. —Malicious abandonment. In criminni law. The desertion of a wife or husband without just cause. —Malicious abuse of p
In criminni law. The desertion of a wife or husband without just cause.
The malicious misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ; the malicious perversion of a regularly issued process, whereby a