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
The decision of an arbiter or arbitrator; an award; a judgment.
An award is a judgment Jenk. Cent 137.
An award is the judgment of a good man, according to justice. 3 Bulst 64.
- Arbordefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. A tree; a plant; something larger than an herb; a general term including vines, osiers, and even reeds. The mast of a ship. Brissonius. Timber. Ainsworth; Calvin.
A table, formed in the sbape of a tree, showing the genealogy of a family. See the arbor civilis of the civilians and canonists. Hale, Com. Law, 335.
[That which is] a tree while it grows, [is] wood when it coases to grow. Cro. Jac. 166; Hob. 77b, in marg.
In old English law. A tx)imdary tree; a tree used for making a boundary line. Bract, fols. 167, 2076.
Lat. In the civil law. A chest or coffer; a place for keeping money. Dig. 30, 30, 6; Id. 32, 64. Brissonius.
- Arcana Imperiidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
State secrete, 1 Bl. Comm. 337.
In civil and old English law. A treasurer; a keeper of public money. Cod. 10, 70, 15; Spelman.
A collection of Saxon laws, published during the reign of Queen Elizabeth, in the Saxon language, with a Latin version by Lambard.
- Archbishopdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English ecolesias-tical law. The chief of the clergy in his province, having supreme power under the king or queen in all ecolesiastical causes.
In English ecclesiastical law. The primate of all England; the chief ecclesiastical dignitary in the church. His customary privilege is to crown the kings and queens of England; wh
- Archdeacondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A dignitary of the Anglican church who has ecclesiastical jurisdiction immediately subordinate to that of the bishop, either throughout the whoie of his diocese or in some particul
A division of a diocese, and the circuit of an archdeacon's jurisdiction.
- Archdeacon's Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English ecclesiastical law. A court held before a judge appointed by the archdeacon, and called his official. Its jurisdiction comprises the granting of probates and administrat
In feudal law. .A service of keeping a bow for the lord's use in the defense of his castle. Co. Litt. 157.
- Arches Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English ecolesiastical law. A court of appeal bslonging to the Archbishop of Canterbury, the judge of which is called the "Dean of the Arches," 'because his court was anciently
The original copy.
L. Lat. In old European law. A chief or high chancollor, (summus cancellarius.) Spelman.
- Archivesdefined inU.S. CodeBouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The Rolls; any place where ancient records, charters, and evidences are kept In libraries, the private depository. Cowell; Spelman. The derivative meaning of the word (now the more
The custodian of archives.
Lat. In strict and safe custody or keeping. When a defendant is arrested on a capias ad satisfaciendum, (ca. sa.,) he is to be kept arcta et salva custodi. 3 Bl. Comm. 415.
Spirituous or distilled liquors. Sarlls v. U. S., 152 U. S. 570, 14 Sup. Ct. 720, 38 In Ed. 556; U. S. v. Ellis (D. C.) 51 Fed. 808; State v. Townley, 18 N. J. Law, 311. This phras
- Ardourdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. An incendiary; a house burner.
A surface measure in the French law, in the form of a square, equal to 1076.441 square feet
- Areadefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An inclosed yard or opening in a house; an open place adjoining a house. 1 Chit. Pr. 176. In the civil law. A vacant space in a city; a place not built upon. Dig. 50, 16, 211. The
In Spanish law. Sandy beaches; or grounds on the banks of rivers. White, Recop. hi 2, tit 1, c. 6.
A farmer or renter; in some provinces of Russia, one who farms the public rents or revenues;' a "crown arenda-tor" is one who rents an estate belonging to the crown.
(Fr. to render, to yield.) That which is to be rendered, yielded or paid. Profits a rendre comprehend rents and services. Ham. N. P. 192.
In the civll law. A sand-pit Dig. 7, 1, 13, 5.
Lat. To rent; to let out at a certain rent Cowell. Arentatio. A renting.
In ancient Greek law. A lawyer or chief judge of the Areopagus in capital matters in Athens; a tribunal so called after a hill or slight eminence, in a street of that city dedicate
An argument drawn from original writs in the register is good. Co. Litt. 11a.
L. Lat. In ecclesiastical law. One whose office it was to give or convey answers; otherwise termed responsatis, and apocrisiarius. One who, being consulted on ecclesiastical matter
- Aretrodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In arrear; behind. Also written a retro.
L. Lat. Behind; in arrear. Et reditus proveniens inde A retro fuerit, and the rent issuing therefrom be in arrear. Fleta, lib. 2, c. 55, § 2.
An abbreviation of arguendo.
In heraldry. Silver.
In the Roman law, a money lender or broker; a dealer in money; a banker. Argentarium, the instrument of the loan, similar to the modem word "bond" or "note."
A money porter in the English exchequer, who carries the money from the lower to the upper exchequer to be examined and tested. Spelman.
An old French coin, answering nearly to the English shilling. Spelman.
- Argentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Sllver; money. —Argentum album. Bullion; uncoined silver ; common silver coin; silver coin worn smooth. Cowell ; Spelman. —Argentum Dei. God's money; God's penny; money given as ea
Bullion; uncoined silver ; common silver coin; silver coin worn smooth. Cowell ; Spelman.
God's money; God's penny; money given as earnest in making a bargain. Cowell.
In arguing; in the course of the argument. A statement or observation made by a judge as a matter of argument or illustration, but not directly bearing upon the case at bar or only
In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable or at least highly probable. The argument of a demurrer, special case, appeal, or other
An argument arising from the inconvenience which the proposed construction of the law would create.
- Argumentativedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In pleading. Indirect; inferential. Steph. PI. 179. A pleading is so called in which the statement on which the pleader relies is implied instead of being expressed, or where it co
An argument drawn from an impossibility is forcible in law. Co. Litt. 92a.
- Argumentnm ah inconvenienti est validum in lege; quia lex non permittit aliquod inconveniensdefined inBlack's (1910)
An argument drawn from what is inconvenient is good in law, because the law will not permit any inconvenience. Co.. Litt. 66a, 258.
An argument drawn from inconvenience is of the greatest weight [is forcible] in law. Co. Litt. 66a, 07a, 152b, 258b; Broom, Max. 184. If there be in any deed or instrument equivoca
An argument from a like case (from analogy) is good in law. Co.. Litt. 191.
An argument from authority is the strongest in the law. "The book cases are the best proof of what the law is." Co. Litt 254a.
- Argumentum a communiter accidentibus in jure frequens estdefined inBallentine's (1916)Black's (1910)
An argument drawn from things commonly happening is frequent in law. Broom, Max. 44.
An argument from division [of the subjectj is of the greatest force in law. Co. Litt. 213b; 6 Coke, 60.
- Argumentum a majori ad minus negative non valet; valet e conversodefined inBallentine's (1916)Black's (1910)
An argument from the grcater to the less is of no force negatively; affirmatively it is. Jenk. Cent 281.
- Aribannumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. A fine for not setting out to join the army in obedience to the summons of the king.
An edict of the ancient kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal. S
A mediaeval term for a class of agricultural owners of small allodial farms, which they cultivated in connection with larger farms belonging to their lords, paying reut and service
A government in which a class of men rules supreme. A form of government which is lodged in a council composed of select members or ndbles, without a monarch, and exclusive of the
A form of government where the power is divided between the nobles and the people.
Earnest. Used in Yorkshire in the phrase "Arles-penny." Cowell. In Scotland it has the same signification. Bell.
Lat. Arms; weapons, offensive and defensive; armor; arms or cognizances of families. —Arms Dare. To dub or make a knight. — Anna moluta. Sharp weapons that cut, in contradistinctio
Reversed arms, a punishment for a traitor or felon. Cowell. Anna in armatos sumere jura sinunt. The laws permit the taking up of arms against armed persons. 2 Inst 574.
In the civil law. Armed force. Dig. 43, 16, 3; Fleta, llb. 4, c. 4.
A vessel is "armed" when she is fitted with a full armament for fighting purposes. She may be equipped for warlike purposes, without being "armed." By "armed" it is ordinarily mcan
An armor-bearer; an esquire. A title of dignity belonging to gentlemen authorized to bear arms. Cowell. In its earlier meaning, a servant who carried the arms of a knight. Spelman.
An ancient mode of punishment, which was to carry a saddle at the back as a token of subjection. Spelman.
A suspending or cessation of hostilities between belligerent nations or forces for a considerable time.
- Arm of the Seadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A portion of the sea projecting inland, in which the tide ebbs and flows. 5 Coke, 107. An arm of the sea is considered as extending as far into the interior of a country as the wat
In English law. A device depicted on the (now imaginary) shield of one of the nobility, of which gentry is the lowest degree. The criterion of nobility is the bearing of arms or ar
- Armorum appellatione, non solnm senta et gladii et galeæ, sed et fustes et lapides continenturdefined inBlack's (1910)
Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones. Co. Litt. 162.
- Armsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Anything that a man wears for his defense or takes in his hands or uses in his anger, to cast at or strike at another. Co. Litt. 161b, 162a; State v. Buzzard, 4 Ark. 18. This term,
To dub or make a knight.
The armed forces of a nation intended for military service on land. "The term 'army' or 'armies' has never been used by congress, so far as I am advised, so as to include the navy
A word formerly used for a grocer. 1 Vent. 142.
A measure of land of uncertain quantity mentioned in Domesday and other old books; by some called an "acre," by others "half an acre," and by others a "furlong." Spelman; Cowell; B
A measurer or surveyor of land. Cowell; Spelman.
- Arradefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the civil law. Earnest; earnest-money; evidence of a completed bargain. Used of a contract of marriage, as well as any other. Spelled, also, Arrha, Arrœ. Calvin.
- Arraigndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In criminal practice. To bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon hi
- Arraignmentdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment.
- Arrameurdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old French law. An officer employed to superintend the loading of vessels, and the safe stowage of the cargo. 1 Pet. Adm. Append. XXV.
In Spanish law. The donation which the husband makes to his wife, by reason or on account of marriage, and in consideration of the dote or portion, which he receives from her. Mill
- Arraydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The whole body of Jurors summoned to attend a court, as they are arrayed or arranged on the panel. Dane, Abr. Index ; 1 Chit. Crim. Law, 536; Com. Dig. "Challenge," B. Durrah v. St
Money unpaid at the due time, as rent behind; the remainder due after payment of a part of an account; money in the hands of an accounting party. Cowell; Hollingsworth v. Willis, 6
- Arrectdefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To accuse or charge with an offense. Arrectati, accused or suspected persons.
In Spanish law. The contract of letting and hiring an estate or land, (heredad.) White, Recop. b. 2, tit. 14, c. 1.
In old English law. To let or demise at a fixed rent. Particularly used with reference to the public domain or crown lands; as where a license was granted to inclose land in a fore
In criminal practice. The stopping, seizing or apprehending a person by lawful authority; the act of laying hands upon a person for the purpose of taking his body into custody of t
In old English law. A writ which lay for a person whose cattle or goods were taken by another, who during a contest was likely to make away with them, and who had not the anility t
In old English law. A writ which issued for apprehending a person who had taken the'king's prest money to serve in the wars, and then hid himself in order to avoid going.
In old English law. An arrest, (q. v.)
- Arresteedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In Scotch law. The persen in whose hands the movables of another or a debt due to another, are arrested by the creditor of the latter by the process of arrestment. 2 Karnes, Eq. 17
- Arresterdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Scotch law. One who sues out and obtains an arrestment of his debtor's goods or movable obligations. Ersk. Inst 3, 6, L
- Arrestmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In Scotch law. Securing a criminalis person till trial or that of a debtor till he give security judicio sisti. The order of a judge, by which he who is debtor in a movable obligat
In Scotch law. A process to bring a foreigner within the jurisdiction of the courts of Scotland. The warrant attaches a foreigner's goods within the jurisdiction, and these will no
In old English law. A writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg
Pleading in arrest of taking the inquest upon a former issue, and showing cause why an inquest shonid not be taken.
- Arrest of judgmentdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. The act of staying a judgment or refusing to render judgment in an action at law, after verdict, for some matter intrinsic appearing on the face of the record, which w