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
In the laws of Oleron. To deny a seaman his mess. Literally, to deny the table-cloth or victuals for three meals.
In Saxon law. Oathsworth; oathworthy; worthy or entitled to make oath. Bract, fols. 185, 292b.
This word, though generally directory only, will be taken as mandatory if the context requires it Life Ass'n v. St Louis County Assessors, 49 Mo. 518.
The twelfth part; the twelfth part of a pound troy or the sixteenth part of a pound avoirdupois.
Certain districts or tracts of lands in the Orkney Islands were formerly so called, because each paid an annual tax of one ounce of sllver.
The lierwite or fine paid to the lord by the inferior tenant when hls daughter was debauched. Cowell.
To put out; to eject; to remove or deprive; to deprive of the possession or enjoyment of an estate or franchise.
- Ousterdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In practice. A putting out; dispossession; amotion of possession. A species of injuries to things real, by which the wrong-doer gains actual occupation of the rland, and compels th
One who pleads "oustet" or without the bar.
In Fr. Literally, out of the hand. 1. A delivery of lands out of the king's hands by judgment given in favor of the petitioner in a mom trans de droit. 2. A delivery of the ward's
L. Fr. Beyond the sea; a cause of excuse if a person, being summoned, did not appear in court. Cowell.
A tax or charge formerly imposed by the sinte of Maryland for the inspection and marking of hogsheads of tobacco intended for export. See Turner v. Maryland, 107 U. S. 38, 2 Sup. C
A term used in early Mexican land laws to designate certain boundaries within which grants of a smaller tract, which designated such out-boundaries, might be located by the grantee
In mining law. The edge of a stratum which appears at the surface of the ground; that portion of a vein or lode which appears at the surface or immediately under the soil and surfa
- Outer Bardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In the English courts, barristers at law have bcen divided into two classes, via., king's ceunsel, who are admitted within the bar of the courts, in seats specially reserved for th
The name given to the great hall of the parliament house in Edinburgh, in which the lords ordinary of the court of session sit as single judges to hear causes. The term is used col
A liberty or privilege in the ancient common law, whereby a lord was enabled to call any man dwelling in his manor, and token for felony in another place out of his fee, to judgmen
- Outfitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
1. An allowance made by the United States government to one of its diplomatic representatives going abroad, for the expense of his equipment. 2. This term, in its original use, as
A calling men out to the army by sound of horn. Jacob.
- Outhousedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Any house necessary for the purposes of Ilfe, in which the owner does not make his constant or principal residence, is an outhouse. State v. O'Brien, 2 Root (Co.nn.) 516. A smaller
- Outlanddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
The Saxon thanes divided their hereditary lands into inland, such as lay nearest their dwelling, which they kept to their own use, and outland, which lay beyond the demesnes, and w
- Outlawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In English law. One who is put out of the protection or aid of the law.
When applied to a promissory note, means barred by the statute of limitations. Drew v. Drew,' 37 Me. 389.
- Outlawrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
In English law. A process by which a defendant or person in contempt on a civll or criminal process was declared an outlaw. If for treason or felony, it amounted to conviction and
In early American land law, (particularly in Missouri,) a lot or parcel of land lying outside the corporate limits of a town or vlllage but subject to its municipal jurisdiction or
He who has no legal status in court is said to be "out of court," i. e., he is not bsfore the court. Thus, when the plaintiff in an action, by some act of omission or commission, s
At a time when no term of the court is being held; in the vacation or interval which elapses between terms of the court See McNeill v. Hodges, 99 N. C. 248, 6 S. E. 127.
In reference to rights, liabilities or jurisdictions arising out of the common law, this phrase is equivalent to "bsyond sea," which see. In other connections, it means physically
A mercantile phrase applied to a ship or vessel that has been so long at sea as to justify the belief of her total loss. In another sense, a vessel is said to be out of time when,
Steuiers of cattle. Cowell.
Such as set watches for the robbing any manor-house. Cowell.
- Outragedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Injurious violence, or, In general, any species of serious wrong, offered to the person, feelings or rights of another. See McKinley v. Railroad Co., 44 Iowa, 314, 24 Am. Rep. 748;
In English law. Bailiffs-errant employed by sheriffs or their deputies to ride to the extremities of their counties or hundreds to summon men to the county or hundred court. Wharto
A person to whom the business of selling by auction was confined by statute. 2 H. Bl. 557.
In Scotch law. Publisher. 3 How. State Tv. 603.
1. Remaining undischarged; unpaid; uncollected; as an outstanding debt 2. Existing as an adverse claim or pretension ; not united with, or merged in, the title or claim of the part
A term in gross at law, which, in equity, may be made attendant upon the inheritance, either by express declaration or by implication.
- Outsucken Multuresdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Scotch law. Out-town multures; multures, duties or tolls paid by persons voluntarily grinding corn at any mill to which they are not thirled or bound by tenure. 1 Forb. Inst. pt
In French law. The right of succession which arises to one upon the death, whether natural or civil, of another.
L. Fr. With. Modern French avec.
L. Fr. Equal.
In old English law. Equality.
- Overdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
In conveyancing, the word "over" ls used to denote a contingent limitation intended to take effect on the failure of a prior estote. Thus, in what is commonly called the "name and
Proved guilty or convicted. Blount
To draw upon a person or a bank, by bills or checks, to an amount in excess of the funds remaining to the drawer's credit with the drawee or to an amount greater than what ls due.
A Negotiable instrument or other evidence of debt is overdue when the day of its maturity is past and it remains unpaid. Camp v. Scott, 14 Vt 387 ; La Due v. First Nat. Bank, 31 Mi
To inquire into; to review; to disturb. "The merits of a judgment can never be overhauled by an original suit" 2 H. BL 414.
In Saxon law. Contumacy or contempt of court Leg. ÆtheL C. 25.
Insurance effected upon property, either in one or several companies, to an amount which, separately or in the aggregate, exceeds the actual value of the property.
To issue lu excessive quantity ; to issue in excess of fixed legal limits. Thus, "overissued stock" of a private corporation is capital stock issued in excess of the amount limited
To survive; to live longer than another. Finch, Law, b. 1, e. 3, no. 58; 1 Leon. 1.
What is left beyond a certain amount; the residue; the remainder of a thing. Lyon v. Tomkies, 1 Mees. & W. 603; Page v. Leapingwell, 18 Ves. 466.
- Overreaching Clausedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In a resettlement, a clause which saves the powers of sale and leasing annexed to the estate for life created by the original settlement, when it is desired to give the tenant for
To supersede; annul; reject by subsequent action or decision. A judicial decision is said to be overruled when a later decision, rendered by the same court or by a superior court i
In old English law. A forfeiture for contempt or neglect in not pursuing a malefactor. 3 Inst. 116.
Beyond the sea; outside the limits of the state or country. See Gus-tlu v. Brattle, Kirby (Conn.) 300. See Be-tond Sea.
A superintendent or supervisor; a publlc officer whose duties involve general superintendence of routine affairs. —Overseers of highways. The name given, in some of the states, to
- Overseers of highwaysdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The name given, in some of the states, to a board of officers of a city, township, or county, whose special function is the construction and repair of the public roads or highways:
- Overseers of the poordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Persons appointed or elected to take care of the poor with moneys furnished to them by the public authority. lands, by the owner of the less valuable estate to the owner of the mor
In Scotch law. An umpire appointed by a submission to decide where two arbiters have differed in opinion or he is named by the arbiters themselves, nnder powers given them by the s
- Overtdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Open; manifest; publlc; issuing in action, as distinguished from that which rests merely in intention or design. —Market overt. See Market —Overt act. In criminni law. An open, man
In criminni law. An open, manifest act from which criminality may be implied. An open act, which must be manifestly proved. 3 Inst. 12. An overt act essential to establish an attem
An opening; a proposal.
An open, plain word, not to be misunderstood. Cowell.
- Oweltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
Equality. This word is used in law in several compound phrases, as follows: 1. Owelty of partition is a sum of money paid by one of two caparceners or co-tenants to the other, when
See Owelty.
See Owelty. Partition, deed of. In conveyancing. A species of primary or original conveyance between two or more joint tenants, coparceners, or tenants in common, by which they div
Something unpaid. A debt, for example, is owing while it is unpaid, and whether it be due or not Coquard v. Bank of Kansas City, 12 Mo. App. 261; Mus-selman v. Wise, 84 Ind. 248; J
In English law. Persons who carried wool, etc., to the sea-side by night, in order that it might be shipped off contrary to law. Jacob.
In English law. The offense of transporting wool or sheep out of the kingdom ; so cabled from its being usually carried on in the night 4 Bl. Comm. 154.
- Ownerdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The person in whom is vested the ownership, dominion or title of property; proprietor. Garver v. Hawkeye Ins. Co., 69 Iowa, 202, 28 N. W. 555; Turner v. Cross, 83 Tex. 218, 18 S. W
- Ownershipdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
The complete dominion, title or proprietary right in a thing or claim. See Property. The ownership of a thing is the right of one or more persons to possess and use it to the exclu
A restitution anciently made by a hundred or county for any wrong done by one that was within the same. Lamb. Arch. 125.
In old English law. As much land as an ox could till. Co. Litt. 5a. A measure of land of uncertain quantity. In Scotland, it consisted of thirteen acres. Spelman.
- Oyerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
In old practice. Hearing; the hearing a deed read, which a party sued on a bond, etc., might pray or demand, and it was then read to him by the other party; the entry on the record
- Oyer and Terminerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A half French phrase applied in England to the assizes, which are so calied from the commission of oyer and terminer directed to the judges, empowering them to "inquire, hear, and
A petition made in court that the judges, for better proof's sake, wili hear or look upon any record. Cowell.
Hear ye, A word used in courts by the publlc crier to command attention when a proclamation is about to be made. Commonly corrupted into "O yes."
An abbreviation for "page;" also for "Paschalis," (Easter term,) in the Year Books, and for numerous other words of which it is the initial.
In old English law. A toll for passage through another's land. The same as "pedage,"
L. Lat To pay.
Payment Mat. Par. A. D. 1248.
A measure of length containing two feet and a half, being the ordinary length of a step.
Lat. Let him be freed or discharged.
The act of making peace between two hostile or belligerent states; re-establishment of public tranqulllty.
Co. Litt. 161. Violence and injury are the things chiefly hostile to peace.
- Packdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
To put together in sorts with a fraudulent design. To pack a jury is to use unlawful, improper or deceitful means to have the Jury made up of persons favorably disposed to the part
- Packagedefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A package means a bundle put up for transportation or commercial handling; a thing in form to become, as such, an article of merchandise or delivery from hand to band. A parcel is
The name for a consignment of goods, consisting of one large parcel made up of several small ones, (each bearing a different address,) collected from different persons by the immed
A horse load, which consists of seventeen stone and two pounds or two bundled and forty pounds weight. Fleta, 1. 2, c. 12; Cowell.
- Pactdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A bargain; compact; agreement. This word is used in writings on Roman law and on general Jurisprudence as the English form of the Latin "pactum," (which see.) —Nude pact. A transla
- Pacta conventa quæ neque contra leges neque dolo malo inita snnt omni modo observanda suntdefined inBlack's (1910)
Agreements which are not contrary to the laws nor entered into with a fraudulent design are in all respecte to be observed. Cod. 2, 3, 39; Broom, Max. 698, 732.
Hob. 118. The stipulations of parties constitute the law of the contract.
7 Coke, 23. Private compacts cannot derogate from publlc right.
- Pacta quae contra leges constitutionesque, vel contra honos mores fiunt, nullam vim hahere, indubitati juris estdefined inBlack's (1910)
That contracts which are made against law or against good morals have no forco is a principle of undoubted law. Cod. 2, 3, 6.
Agreements founded upon an immoral consideration are not to be observed. Dig. 2, 14, 27, 4; Broom, Max. 732.
An agreement not to niienate incumbered (particularly mortgaged) property. This stipulation, sometimes found in mortgages made in Louisiana, and derived from the Spanish law, binds
Lat. In the civil law. A bargaining or agreeing of which pactum (the agreement itself) was the result. Calvin. It is used, however, as the synonym of "pactum."
Relating to or generating an agreement; by way of bargain or covenant.
In international law. Contracts between nations which are to be performed by a -single act, and of which execution is at an end at once. 1 Bouv. Inst. no. 100.