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
Lat. Of the same matter; on the same subject; as, laws pari materia must be construed with reference to cach other. Bac. Abr. "Statute," I, 3.
Jenk. Cent 174. An equal has no dominion over an equal.
Lat. By an equal progress ; equably; ratably; without preference. Coote, Mortg. 56.
Lat. For the like reason; by like mode of reasoning.
In English law. A circuit of ground, committed to the charge of one parson or vicar or other minister having cure of souls therein. 1 Bl. Comm. 111. Wilson v. State, 34 Ohio St. 19
In English law. The children of parents unable to maintain them may, by law, be apprenticed, by the guardians or overseers of their parish, to such persons as may be willing to rec
This expression has various significations. It is applied sometimes to a select body of Christians, forming a local spiritual association, and sometimes to the building in which th
In English law. An officer, in former times often in holy orders, and appointed to officiate at the altar; now his duty consists chiefly in making responses in church to the minist
A petty constable exercising his functions within a given parish. Mozley & Whitley.
The name of a court established in each parish in Louisiana, and corresponding to the county courts or common pleas courts in the other states. It has a limited civil jurisdiction,
Members of a parish. In England, for many purposes they form a body politic.
Church-wardens, overseers, and constables.
In English law. The parson ; a minister who holds a parish as a benefice. If the predial tithes are appropriated, he is called "rector;" if impropriated, "vicar." Wharton.
A beadle; a summoner to the courts of civil law.
Of things equal, the reason is the same, and the same is the law.
The judgment of peers; trial by a jury of one's peers or equals.
In English law. A tract of inclosed ground privileged for keeping wlld beasts of the chase, particularly deer; an inclosed chase extending only over a man's own grounds. 2 Bl. Comm
To be quit of inclosing a park or any part thereof.
A park-keeper.
In municipal law and administration. A strip of land, lying either in the middle of the street or in the space between the building line and the sidewalk or between the sidewalk an
A hill where courts were anciently held. Cowell.
The supreme legislative assembly of Great Britain and Ireland, consisting of the king or queen and the three estates of the realm, viz., the lords spiritual, the lords temporal, an
Relating or belonging to, connected with, enacted by or proceeding from or characteristic of, the English parliament in particular or any legislative body in general. —Parliamentar
Persons who act as solicitors in promoting and carrying private bills through parliament. They are usually attorneys or solicitors, but they do not usually confine their practice t
A committee of members of the house of peers or of the house of commons, appointed by either house for the purpose or making inquiries, by the examination of witnesses or otherwise
The general body of enacted rules and recognized usages which governs the procedure of legislative assemblies and other deliberative bodies.
Such taxes as are imposed directly by act of parliament, i. e., by the legislature itself, as distinguished from those which are imposed by private individuals or bodies under the
A parliament held at Coventry, 38 Hen. VI., wherein Edward, Earl of March, (afterwards King Eld-ward IV.,) and many of the chief nobility were attainted, was so calied; but the act
Unlearned or lack-learning parliament A name given to a parliament held at Coventry in the sixth year of Henry IV. under an ordinance requiring that no lawyer should be chosen knig
A parliament assembled at Oxford, 41 Hen. III., so styled from the madness of their proceedings, and-because the lords came with armed men to it, and contentions grew very high bet
L. Lat. A legislative body in general or the English parliament in particular. —Parliamentnm diabolicum. A parliament held at Coventry, 38 Hen. VI., wherein Edward, Earl of March,
In most convents there bas been a common room into which the brethren with-, drew for conversation; conferences there being termed "parliamentnm." Likewise, the societies of the tw
5 Coke, 67. A parish is a place in which the population of a certain church resides.
Relating or belonging to a parish. —Parochial chapels. In English law. Places of public worship in which the rites of sacrament and sepulture are performed.
In English law. Places of public worship in which the rites of sacrament and sepulture are performed.
In mercantile law. The precise equality or equivalency of any given sum or quantity of money in the coin of one country, and the like sum or quantity of money in the coin of any ot
- Paroldefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A word; speech; hence, oral or verbal; expressed or evidenced by speech only; not expressed by writing; Dot expressed by sealed instrument. The pleadings in an action are also, in
One ordered by a judge or magistrate from the bench, without written complaint or other proceedings, of a person who is present before him, and which is executed on the spot; as in
In military law. A promise given by a prisoner of war, when he bas leave to depart from custody, that he will return at the time appointed, unless discharged. Webster. An engagemen
Oral or verbal evidence; that which is given by word of mouth; the ordinary kind of evidence, given by witnesses in court. 3 Bl. Comm. 369. In a particular sense, and with referenc
A lease of real estate not evidenced by writing, but resting in an oral agreement.
A simple contract; a verbal promise. 2 Steph. Comm. lO9.
LEY. In Fr. Words of law; technical words.
Words make the pica. 5 Mod. 458.
In French law. 1. The magistrates who are charged with the conduct of proceedings in criminal cases and misdemeanors. 2. That part of the bourse which ls reserved for stock-brokers
The crime of killing one's father; also a person guilty of killing hls father.
Lat. In the civil law. Parricide; the murder of a parent. Dig 48, 9, &
- Parsdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Lat A part; a party to a deed, action or legal proceeding. —Pars enitia. In old English law. The privilege or portion of the eldest daughter in the partition of lands by lot. —Pars
In old English law. The privilege or portion of the eldest daughter in the partition of lands by lot.
In old practice. A party aggrieved ; the party aggrieved. Hardr. 50; 3 Leon. 237.
- Parsondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
The rector of a church; one that has full possession of all the rights of a parochial church. The appellation of "par-sen," however it may be depreciated by familiar, clownish, and
A certain portion of lands, tithes, and offerings, established by law, for the maintenance of the minister who has the cure of souls. Tomlins. The word is more generally used for t
In English law. A clerk or parson in full possession of a benefice. Cowell.
A rector instituted and inducted for his own life. But any collegiate or conventional body, to whom a church was forever appropriated, was termed "persona immortalis." Wharton.
Part for the whole; the name of a part used to represent the whole; as the roof for the house, ten spears for ten armed men, etc.
That part of a man's goods which the law gave to his widow and children. 2 Bl. Comm. 492.
A party defendant. St. Marlbr. c. 13.
Part of the bowels of the mother; i. e., an unborn child.
- Partdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Burrill (1850)Bouvier (1839)
A portion, share or purpart One of two duplicate originals of a conveyance or covenant, the other being called "counterpart" Also, in composition, partial or incomplete; as part pa
In French law. A division made between co-proprietors of a particular estate held by them in common. It is the operation by means of which the goods of a succession are divided amo
- Part and pertinentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
In the Scotch law of conveyancing. Formal words equivalent to the English "appurtenances." Bell. As to part "Owner," "Payment," and "Performance," see those titles.
Lat. One side being unheard. Spoken of any action which is taken ex parte.
- Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegeritdefined inBlack's (1910)
3 Coke, 52. No one can rightly understand any part until he has read the whole again and again.
Lat The party not having appcared. The condition of a cause called "default"
An integral part being taken away, the whole is taken away. 8 Coke, 41.
In old pleading. The parties to the fine had nothing; that is, had no estate which could be conveyed by it. A plea to a flne which had been levied by a stranger. 2 BI. Comm. 357; 1
Relating to or constituting a part; not complete; not entire or universal. —Partial account. An account of an executor, administrator, guardian, etc., not exhibiting his entire dea
An account of an executor, administrator, guardian, etc., not exhibiting his entire dealings with the estate or fund from his appointment to final settlement, but covering only a p
Another name for particular average. See Average. And see Peters v. Warren Ins. Co.., 19 Fed. Cas. 370,
One which goes only td a part of the cause of action, or which only tends to mitigate the damages to be awarded. Carter v. Bank, 33 Misc. Rep. 128, 67 N. Y. Supp. 300.
See Evidence.-
Mental uDsoundness always existing, although only occasionally manifest; monomania. 3 Add. 79.
See Loss.
In criminal law, a verdict by which tin jury acquit the defendant os to a part of the accusation and find him guilty os to the residue. State v. McGee, 55 S. C. 247, 33 S. E. 353,
Lat. In Roman law. A legatee who was entitled, by the directions of the will, to receive a share or portion of the inheritance left to the heir.
Lat. A participant; a sharer; anciently, a part owner or parcener. —Particeps criminis. A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense
- Particeps criminisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A participant in a crime; an accomplice. One who shares or co-operates in a criminal offense, tort, or fraud. Alberger v. White, 117 Mo. 347, 23 S. W. 92; State v. Fox, 70 N. J. La
- Participes plures sunt quasi unum corpus in eo quod unum jus habent, et oportet quod corpus sit integrum, et quod in nulla parte sit defectusdefined inBlack's (1910)
Co. Litt. 4. Many parceners are as one body, Inasmuch as they have one right, and it is necessary that the body be perfect, and that there be a defect in no part.
A small piece of land.
This term, as used in law, la almost always opposed to "general," and means either individual, local, partial, special or belonging to a single person, place or thing. —Particular
In a pleading, affidavit or the like, is the detailed statement of particulars.
Malice di-, rected against a particular individual; ill will; a grudge; a desire to be revenged on a particular person. Brooks v. Jones, 33 N. C. 261; State v. Long, 117 N. C. 791,
One existing where the parties have united to share the benefits of a single individual transaction or enterprise. Spencer v. Jones (Tex. Civ. App.) 47 S. W. 665.
The details of a claim or the separate items of an account. When these are stated in an orderly form, for the information of a defendant, the statement is called a "Mil of particul
In an action brought, in England, for the infringement of letters patent, the plaintiff is bound to deliver with his declaration (now with his statement of claim) particulars (i. e
A prosecutor, when a charge is general, is frequently ordered to give the defendant a statement of the acts charged, which is called, in England, the "particulars" of the charges.
When property such as land, houses, shares, reversions, etc., la to be sold by auction, it is usually described in a document called the "particulars," copies of which are distribu
This term, in use in Pennsylvania, denotes a statement which a plaintiff may be required to file, exhibiting in detail the items of his claim, (or its nature, lf single,) with the
The tenant of a particular estate. 2 Bl. Comm. 274. See Estate. As to particular "Average," "Custom," "Estate," "Lien," "Malice," and "Partnership," sce those tities.
Span. Part; a part See Las Partidas,
The persons who take part in the performance of any act or who are directly interested in any affair, contract or conveyance or who are actively cencerned in the prosecution and de
Parties to a deed or contract are those with whom the deed or contract is actually made or entered into. By the term "privies," as applied to contracts, is frequently meant those b
Lat In the civil law. Partition; division. This word did not always signify dimidium, a dividing into halves. Dig. 50, 16, 164, L —Partitio legata. A testamentary partition. This t
A testamentary partition. This took place where the testator, in his will, directed the heir to divide the inheritance and deliver a designated portion thereof to a named legatee.
- Partitiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The dividing of lands held by joint tenants, coparceners or tenants in common, into distinct portions, so that they may hold them in severalty. And, in a less technical sense, any
The partition of a succession is the division of the effects of which the succession is composed, among all the co-heirs, according to their respective rights. Partition is volunta
A member of a copartnership or firm; one who has united with others to form a partnership in business. See Partnership. —Dormant partners. Those whose names are not known or do not
- Partnershipdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A voluntary contract between two or more competent persons to place their money, efforts, labar, and skill or some or all of them, in lawful commerce cr business, with the understa
Property of any kind belonging to the firm as such (not the separate property of the individual partners) and available to the recourse of the creditors of the firm in the first in
One designed to continue for no fixed period of time, hut only during the pleasure of the parties, and which may be dissolved by any partner without previous notice.