Black's Law Dictionary

In the civil law. A new work. By this term was meant something newly built upon land, or taken from a work already erected. He was said opus novum faeere (to make a new work) who,

A term used in heraldry, and signifying gold; called "sol" by some heralds when it occurs in the arms of princes, and "topaz" or "carbuncle" when borne by peers. Engravers represen

A Saxon coin, valued at sixteen pence, and sometimes at twenty pence.

In the civil law. The name of a kind of response or sentence given by the Roman emperors.

Uttered by the mouth or In words; spoken, not written. —Oral contract. One which is partly in writing and partly depends on spoken words, or none of which is in writing; one which,

One which is partly in writing and partly depends on spoken words, or none of which is in writing; one which, in so far as it has been reduced to writing, is incomplete or expresse

Evidence given by word of mouth; the oral testimony of a witness.

Pleading by word of mouth, in the actual presence of the court. This was the ancient mode of pleading in England, and continued to the reign of Edward III. Steph. PI. 23-26.

That which is delivered from the lips of the witness. Bates' Ann. St. Ohio 1904, § 5262; Rev. St. Wyo. 1899, § 37Q4.

An ancient writ which issued, while there was no standing collect for a sitting parliament, to pray for the peace and good government of the realm.

A party in Ireland who keep alive the views of William of Orange. Wharton.

The plaintiff In a cause or matter in chancery, when addressing or petitioning the court, used to style himself "orator," and, when a woman, "oratrix." But these terms have long go

A female petitioner; a female plaintiff in a hill in chancery was formerly so called.

Deprivation of one's parents or children or priva'tion in general. Little used.

Lat In Roman law. A freedman who obtained his liberty by the direct operation of the will or testament of his deceased master was so calied, being the freedman of the deceased, (or

To institute or establish; to make an ordinance; to enact a constitution or law. Kepner v. Comm., 40 Pa. 124; U. S. v. Smith, 4 N. J. Law, 38.

The most ancient species of trial, in Saxon and old English law, being peculiarly distinguished by the appellation of "judicium Dei," or "judgment of God," it being supposed that s

A liberty whereby a man claims the ore found in his own land; also, the ore lying under land. Cowell.

In old English law. The right of administering oaths and adjudging trlals by ordeal within a precinct or liberty. Cowell.

In Spanish law. An order emanating from the sovereign, and differing from a cedula only in form and in the mode of its promulgation. Schm. Civll Law, Introd. 93, note.

A collection of Spanish law promulgated by the Cortes In the year 1348. Schm. Civll Law, Introd. 75.

In a general sense. A mandate, precept; a command or direction authoritatively given; a rule or regulation., The distinction between "order" and "requisition" is that the first is

When goods are m the "order and disposition" of a bankrupt, they go to his trustee, and have gone so since the time of James I. Wharton.

A -provisional or conditional order, allowing a certain time within which to do some required act, on failure of which the order will be made absolute.

In England. An order made under the bankruptcy act of 1869, by a court of bankruptcy, the effect of which is to discharge a bankrupt from nil debts, claims, or demands provable und

An order made by a court or judge having jurisdiction, fixing the paternity of a bastard child upon a given man, and requiring him to provide for its support

1. An order of court directing the removal of a pauper from the poor district upon which he has illegally become a charge to the district in which he has his settlement. 2. An orde

In English practice. An order as of course for the continuance of an abated snit. It superseded the bili of revivor.

The directions as to the course and purpose of a voyage given by the owner of the vessel to the captain or master. For other meanings, see Order.

Any member of the English house of commons who wishes to propose any question or to "move the house," as it is termed, must, in order to give the house due notice of his intention,

A rule established by authority; a permanent rule of action; s law or statute. In a more limited sense, the term is used to designate the enactments of the legislative body of a mu

In English law. A statute made touching matters and causes of the forest. 33 & 34 Edw. I.

Lat. The law of procedure, as distinguished from the substantial part of the law.

Co. Litt. 96. The ordinary is so called because he has an ordinary jurisdiction in his own right, and not a deputed one.

adj. Regular; usual; common; not characterized by pecullar or unusual circumstances; belonging to, exercised by or characteristic of, the normal or average individual. See Zulich v

The transaction of business according to the usages and customs of the commercial world generally or of the particular community or (in some cases) of the particular individual who

Those deeds of transfer which are entered into between two or more persons, without an assurance in a superior court of justice. Wharton.

that degree of care which men of common prudence generally exercise in their affairSj in the country and the age in which they live. Erie Bank v. Smith, 3 Brewst. (Pa.) 9; Zell v.

The omission of that care which a man of common prudence usually takes of his own concerns. Ouderkirk v. Central Nat. Bank, 119 N. Y. 263. 23 N. E. 875; Scott v. Depeyster, 1 Edw.

Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the property in good condition. See Abell v. Brady, 79 Md. 94, 28 Atl. 817; Bre

A sailor who is capable of performing the ordinary or routine duties of a seaman, but who is not yet s'o proficient in the knowledge and practice of all the various duties of a sai

that degree of skill which men engaged in that particular art usually employ; not that which belongs to a few men only, of extraordinary endowments and capacities. Baltimore Baseba

Is the ceremony by which a bishop confers on a person the privileges and powers necessary for the execution of sacerdotal functions in the church Phillim. Ecc. Law, 110.

A writ that lay against a servant for leaving his master contrary to the ordinance of St. 23 & 24 Edw. III. Reg. Orig. 189.

In old practice. It is ordered. The initial words of rules of court when entered in Latin.

When the order of pleading is observed, the law also is observed. Co. Litt 303a; Broom, Max. 188.

A general chapter or other solemn convention of the religious of a particular order.

In ecclesiastical law. The holy orders of priest, deacon, and subdeacon, any of which qualified for presentation and admission to an ecclesiastical dignity or cure were called "ord

Lat In the civil law. The benefit or privilege of order; the privilege which a surety for a debtor had of requiring that his principal should be discussed, or thoroughly prosecuted

In old English law. Those of the religious who deserted their houses, and, throwing off the habits, renounced their particular order in contempt of their oath and other obligations

Lat That rule which monks were obliged to observe. Order; regular succession. An order of a court —Ordo albus. The white friars or Augustines. Du Cange. —Ordo attachiamentorum. In

The white friars or Augustines. Du Cange.

In old practice. The order of attachments. Fleta, lib. 2, a 51, § 12.

The gray friars, or order of Cistercians. Du Cange.

In the canon law. The order of judgments; the rule by which the due course of hearing each cause was prescribed. 4 Reeve, Eng. Law, 17.

Fr. In French law, an ordinance; an order of a court; a compilation or systematized body of law relating to a particular subject-matter, as, commercial law or maritime law. Particu

The black friars, or Benedictines. The Cluniacs likewise wore black. Du Cange.

A license or right to dig and take ore from land. Ege v. Kills, 84 Pa. 340.

Lat. By word of mouth; orally. Pleading was anciently carried on ore tenus, at the bar of the court 3 Bl. Comm. 293.

"In Saxon law. The price or value of a beast A payment for a beast. The payment or forfeiture of a beast. A penalty for inking away cattle. Spelman."

An act of congress conferring powers of government upon a territory.. In re Lane, 135 U. S. 448, 1© Sup. Ct. 760, 34 In Ed. 219.

The fundamental law or constitution, of a state or nation, written or unwritten; that law or system of laws or principles which defines and establishes the organization of its gove

To establish or furnish with organs; to systematize; to put into working order; to arrange in order for the normal exercise of its appropriate functions. The word "organize," as us

A county which has its lawful officers, legal machinery, and means for carrying out the powers and performing the duties pertaining to it as a quasi municipal corporation. In re Se

In Saxon law. Without recompense; as where no satisfaction was to be made for the death of a man killed, so that he was judged lawfully slain. Spelman.

Primitive; first in order; bearing its own authority, and not deriving authority from an outside source; as original jurisdiction, original writ, etc. As applied to documents, the

An original is the first of several estates, bearing to each other the relation of a particular estate and a reversion. An original estate is contrasted with a derivative estate; a

In Scotch law. One by which the first grant of land is made. On the other hand, a charter by progress is one renewing the grant in favor of the heir or singular successor of the fi

Those conveyances at common law, otherwise termed "primary," by which a benefit or estate is created or first arises; comprising feoffments, gifts, grants, leases, exchanges, and p

The first entry of an item of an account made by a trader or other person in his account-books, as distinguished from entries posted into the ledger or copied from other books.

See Estate.

An original document, writing, or other materini object introduced in evidence (Ballinger's Ann. Codes & St. Or. 1901, § 682) as distinguished from a copy of it or from extraneous

In equity pleading. A bill which relates to some matter not bsfore litigated in the court by the same persons standing in the same interests. Mitf. Eq. Pi. 33; Long-worth v. Sturge

In English law. Transcripts sent to the remembrancer's office in the exchequer out of the chancery, distinguished from recorda, which contain the judgments and pleadings in actions

In patent law, a pioneer in the art; one who evolves the original idea and brings it to some successful, useful and tangible result; as distinguished from an improver. Norton v. Je

See Jurisdiction.

See Original.

See Process.

In English practice. An original writ was the process formerly in use for the commencement of personal actions. It was a mandatory letter from the king, issuing out of chancery, se

It is evident that no one is able of his own pleasure, to do away with his proper origin. Code 10, 38, 4; Broom, Max. 77.

The origin of a thing ought to be regarded Co. Litt. 248b.

In old English law. The trial by battle, which does not seem to have been usual in England before the time of the Conqueror, though originating in the kingdoms of the north, where

Any person (but particularly a minor or infant) who has lost both (or one) of his or her parents. More particularly, a fatherless child. Sooban v. Philadelphia, 33 Pa. 24; Poston v

That portion of an Intestate's effects which his children were entitled to by the custom of London. This custom appears to have been a remnant of what was once a general law all ov

In the civll law. Managers of houses for orphans.

In American law. Courts of probate jurisdiction, in Delaware, Maryland, New Jersey, and Pennsylvania.

The claws of a dog's foot Kitch.

A garden plot or hor-tllage.

In old English law. Without war or feud, such security being provided by the laws, for homicides under certain circumstances, against the fœhth or deadly feud, on the part of tbs f

An abbreviation for "Old Style,n or "Old Series."

Lat. In old pleading. Shows to you. Formal words with which a demandant began his count. Fleta, lib. 5, c. 38, § 2.

An implied or presumptive agency, which exists where one, either intentionally or from want of ordinary care, induces another to believe that a third person is his agent, though he

A partner whose name is made known and appears to the world as a partner, and who is in reality such. Story, Partn. § 80.

A tax anciently paid by merchants, etc., for leave to show or expose their goods for sale in markets. Du Cange.

Lat. In the civil law. A monstrous or prodigious birth. Dig. 50, 16, 38.

A method or system of treating various diseases of the human body without the use of drugs, by manipulation applied to various nerve centers, rubbing, pulling, and kneading parts o

Lat. Gates of the kingdom. The ports of the kingdom of England are so called by Sir Matthew Hale. De Jure Mae, pt 2, c. 3,

Cat. In old English law. The door or porch of the church, where dower was anciently conferred.

The law by which was effected the ejection of married priests, and the introduction of monks into churches, by Oswald, bishop of Worcester, about A. D. 964. Wharton.

An ancient hundred in Worcestershire, so called from Bishop Oswald, who obtained it from King Edgar, to be given to St. Mary's Church in Worcester. It was exempt from the sheriff's