Black's Law Dictionary

Odious things are not presumed. Burrows, Sett. Cas. 190.

A phrase commonly applied in practice to the counsel employed by a party in a cause, and particularly to one employed to assist in the preparation or management of a cause or its p

Any action or step taken in the course of judicial proceedings which will be allowed by the court upon mere application, without any Inquiry or contest or which may be effectually

In old English law. The morsel of execration; the corsned, (q. v.) 1 Reeve, Eng. Law, 21.

A crime or misdemeanor; a breach of the criminal laws. Moore v. Illinois, 14 How. 13, 14 In Ed. 306; lilies v. Knight, 3 Tex. 312; People v. French, 102 N. Y. 583, 7 N. E. 913; Sta

In the law relating to nuisances and similar matters, this term means noxious, causing annoyance, discomfort or painfut or disagreeable sensations. See Rowland v. Miller (Super. N.

1. To bring to or before; to present for acceptance or rejection; to hold out or proffer; to make a proposal to; to exhibit something that may be taken or received or not. Morrison

In English ecclesiastical law. Personal tithes, payable by custom to the parson or vicar of a parish, either occasionally, as at sacraments, marriages, churching of women, burials,

In English ecclesiastical law. The offerings of the faithful or the place where they are made or kept; the service at the time of the Communion.

Office is defined to be a right to exercise a publlc or private employment, and to take the fees and emoluments thereunto belonging, whether public, as those of maglstrates or priv

Any book for the record of official or other transactions, kept under authority of the state, in public offices not connected with the courts.

A copy or transcript of a deed or record or any filed document made by the officer having it in custody or under his sanction, and by him sealed or certified.

In English law. Inquest of office found ; the finding of certain facts by a jury on an inquest or inquisition of office. 3 Bl. Comm. 258, 259. This phrase has been adopted in Ameri

That portion of the day during which public offices are usually open for the transaction of business.

See Honor.

A criminal suit in an ecclesiastical court, not being directed to the reparation of a private injury, is regained as a proceeding emanating from the office of the judge, and may be

The incumbent of an office; one who is lawfully invested with an office. One who is charged by a superior power (and particularly by government) with the power and duty of exercisi

As distinguished from an officer de jure, this is the designation of one who is in the actual possession and administration of the office, under some colorable or apparent authorit

A general name applicable to all persons connected with the administration of the judicial department of government, but commonly used only of the class of officers whose duty is t

11 Coke, 4. Judicial offices should not be granted before they are vacant

adj. Pertaining to an office; invested with the character of an officer; proceeding from, sanctioned by or done by, an officer. —Demi-official. Partly official or authorized. Havin

One done by an officer in his official capacity under color and by virtue of his office. Turner v. Sisson, 137 Mass. 192 ; Lammon v. Feusire, 111 U. S. 17 , 4 Sup. Ct. 286, 28 In E

In English practice. An assignee in bankruptcy appointed by the lord chancellor to co-operate with the other assignees in administering a bankrupt's estate.

A bond given by a public officer, conditioned that he shall well and faithfully perform all the duties of the office. The term is sometimes made to include the bonds of executors,

In English law. A person appointed by the judge in chancery, in whose court a joint-stock company is being wound up, to bring and defend suits and actions in the name of the compan

A log-book in a certain form, and containing certain specified entries required by 17 & 18 Viet. c. 104, §§ 280-282, to be kept by all British merchant ships, except those exclusiv

Persons formerly appointed, under English statutes now repealed, to superintend the winding up of insolvent companies under the control of the court of chancery. Wharton.

Any unlawful behavior by a public officer in relation to the duties of his office, willful in its character, including any willful or corrupt failure, refusal, or neglect of an off

One designated by a state or municipal legislative bpdy, or agents empowered by them, in which the public acts, resolves, advertisements, and notices aTe required to be published.

One taken by an officer when he assumes charge of his office, whereby he declares that he will faithfully discharge the duties of the same, or whatever else may be required by stat

An ecclesiastical officer whose duty it is to hear causes between party and party as the delegate of the bishop or archbishop by whom he is appointed. He generally also holds the o

An officer in England whose functions are to protect the suitors' fund, and to administer, under the direction of the court, so much of it as now comes under the spending power of

The secretary of the English charity commissioners. He is a corporation sole for the purpose of taking and holding real property and leaseholds upon trust for an endowed charity in

The court or jurisdiction of which an official is head.

An active nse before the stafute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A. with directions for him to sell the estate and distri

Co. Litt. 234. The offices of magistrates ought not to be sold.

A writ addressed to the magistrates of a corporation, requiring them not to make such a man an officer or to put one out of the office he has, until inquiry is made of his maimers,

The workshop or office of justice. The chancery was formerly so called. See 3 BL Comm. 273; Yates v. People, 6 Johns. (N. Y.) 363.

An oath whereby a person may be obliged to make any presentment of any crime or offense or to confess or aceuse himself of any criminal matter or thing whereby he may be liable to

A testament by which a testator leaves his property to his family. Sandars, Just. Inst. 207. See Inofficious Testament.

The attempt becomes of consequence, lf the effect follows. Jenk. Cent 55.

Office ought not to be an occasion of loss to any one. A maxim in Scotch law. Bell.

In force; extant; not obsolete; existing as a binding or obligatory power.

A deduction; a counterclaim; a contrary claim or demand by which a given claim may be lessened or cancoled. See Leonard v. Charter Oak L. Ins. Co., 65 Conn. 529, 33 Atl. 511; Cable

This term is synonymous with "issue." See Barber v. Railroad Co., 166 U. S. 83, 17 Sup. Ct. 488, 41 L. Ed. 925 ; Allen v. Markle, 36 Pa. 117; Powell v. Brandon, 2 Cushm. (Miss.) 34

A term applied to any permission or license granted to a party in the course of a judicial proceeding which is not claimable as a matter of course or of right, but is allowed by th

A Scotch expression, closely translated from the Latin "de novo," (q. v.)

Recorded; entered on the records ; existing and remaining In or upon the appropriate records.

In Spanish law. To hear; to take cognizance. White, New Recop. b. 3, tit. 1, c. 7.

A conventional symbol, of obscure origin, much used in commercial practice and occasionally in indorsements on legal documents, signifying "correct," "approved," "accepted," "satis

In Scotch law. Usury; the taking of interest for money, contrary to law. Bell.

The title of a treatise written in the reign of Edward III. containing the writs which were then most in use, annexing to each a short comment concerning their nature and the appli

The ancient calendar or method of reckoning time, whereby the year commenced on March 25th. It was superseded by the new style (that now in use) in most countries of Europe in 1582

A treatise, so called to distinguish it from Littleton's book on the same subject, which gives an account of the various tenures by which land was holden, the nature of estates, an

An artificial imitation of butter, made chiefly from animal fats. Its sale> is prohibited or restricted by statute in several of the states. See Cook v. State, 110 Ala. 40, 20 Sout

A form of government wherein the administration of affairs is lodged in the hands of a few persens.

An instrument (e. p., a will) wholly written by the person from whom it emanates.

The olographic testament is that which is written by the testator himself. In order to be valid it must be entirely written, dated, and signed by the hand of the testator. It is su

A Grecian epoch; the space of four years.

In Spanish law. A good man; a substantial person. Las Partidas, pt. 5, tit 13, 1. 38.

The omission of those things which are tacitly implied is of no consequence. 2 Bulst. 131.

Lat. Laying aside all other businesses. 9 East, 347.

Forbearance; omission.

Every act is to be judged by 'the intention of the doer. Branch, Princ.

Drunkenness both inflames (or aggravates) and reveals every crime. Co. Litt. 247a; 4 Bl. Comm. 26; Broom, Max. 17.

Every right is either made by consent or is constituted by necessity or is established by custom. Dig. 1, 3, 40.

Every worthier thing draws to it the less worthy, though the less worthy be the more ancient. Co.. Litt. 355b.

Hob. 279. Every great example has some portion of evil, which is compensated by the public utility.

Co.. Litt. 43. The more worthy contains in itself the less worthy.

Every greater embraces in itself the less. Jenk. Cent. 208.

Every greater contains in itself the less. 5 Coke, 115a. The greater always centains the less. Broom, Max. 174.

Every principal thing draws to itself the accessory. Parsons v. Welles, 17 Mass. 425; Green v. Hart, 1 Johns. (N. Y.) 580.

Everything which ls built upon the soil belongs to the soil. Dig. 47, 3, 1; Broom, Max. 401.

Every oath ought to be of certain knowledge. 4 Inst. 279.

All men are freemen or slaves. Inst. 1, 3, pr.; Fleta, I. 1, c. 1, § 2.

[It is a rule of the ancient law that] all persons shall have liberty to renounce those privileges which have bcen conferred for their benefit. Cod. 1, 3, 51; Id. 2, 3, 29; Broom,

All prudent men are accustomed to admit those things which are approved by those who are well versed in the art. 7 Coke, 19.

Co.. Litt. 67. All sisters are, as it were, one heir to one inheritance.

3 Coke, 29. Every will ls completed by death.

All crimes that are committed openly are lighter, [or have a less odious appearance than those cemmitted secretly.] 8 Coke, 127a.

He has done all. In pleading. A good plea in bar where all the covenants are in the affirmative. Bailey v. Rogers, 1 Me. 189.

All things are presumed against a despoiler or wrong-doer. A leading maxim in the law of evidence. Best, Ev. p. 340, § 303; Broom, Max. 938.

All things are presumed to be lawfuily done, until proof be made to the contrary. Co.. Litt. 232b; Best, Ev. p. 337, § 300.

All things are presumed to have been rightly and duly performed until it is proved to the contrary. Co. Litt. 232; Broom, Max. 944.

Co. Litt. 6. All things are presumed to have bcen done rightly.

Dig. 50, 17, 100. All things which are contracted by law perish by a contrary law.

All things which are the wife's are the husband's. Bract fol. 32; Co. Litt 112a. See 2 Kent, Comm. 130-143.

All things are presumed to have bcen rightly done. Broom, Max. 944.

To all to whom the present letters shall come, greeting. A form of address with which charters and deeds were anciently commenced.

1. In legislative practice, a bill including in one act various separate and distinct matters, and particularly one joining a number of different subjects in one measure in such a

4 Inst 262. Above all exception.

Every action is a plaint or complaint. Co. Litt 292a.

Every conclusion of a good and true judgment follows from good and true premises, and the verdicts of Jurors. Co. Litt. 226b.

Every consent removes error. Consent always removes the effect of error. 2 Inst 123.

Dig. 50, 17, 202. All definition in the civll law is hazardous, for there is little that cannot be subvorted.

All definition in law is hazardous. 2 Wood. Leet. 196.

Every exception is itself also a rule.

Every uncondemned person ls held by the law as innocent. Lofft, 121.

Every innovation occasions more harm by its novelty than benefit by its utility. 2 Bulst 338; Broom, Max. 147.

Jenk. Cent. 96. Every interpretation, if it can be done, is to be so made in instruments that all contradictions may be removed.