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
One due from the partnership or firm as such and not (primarily) from one of the individual partners.
Partnership in commendam is formed by a contract by which one person or partnership agrees to furnish another person or partnership a certain amount, either in property or money, t
Joint owners; co-owners; those who have shares of ownership in the same thing, particularly a vessel.
The reduction of any debt or demand by the payment of a sum less than the whole amount originally due. Young v. Perkins, 29 Minn. 173, 12 N. W. 515 ; Moffitt v. Carr, 48 Neb. 403,
The doing some portion, yet not the whole, of what either party to a contract has agreed to do. Borrow v. Borrow, 34 Wash. 684, 76 Pac. 305.
The act of giving birth to a child.
Lat Chlld; offspring; the child just before it is born or immediately after its birth.
Fortes. 42. The offspring of a legitimate bed knows not his mother more certainly than his father.
The offspring follows the mother; the brood of an animal belongs to the owner of the dam; the offspring of a slave belongs to the owner of the mother or follow the cendition of the
- Partydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A person concerned or having or taking part in any affair, matter, transaction or proceeding, considered individually. See Parties. The term "parties" includes nil persons who are
This phrase signifies the contending parties in an action ; i. e., the plnin-ilff and defendant, as distingnished from the attorney and his client It la used in connection with the
Lat Little; but little.
Lat. In Roman law. He seems to have taken too little care; he seems to have been incautious or not sufficiently upon his guard. A form of expression used by the judge or magistrate
2 Bulst 86. Things which agree in Bub-stance differ but little.
Nature takes little heed. Vandenheuvel v. United Ins. Ch, 2 Johns. Can. (N. Y.) 127, 166.
It is little [or to little purpose] that judgment be given unless it be committed to execution. Co. Litt. 289.
- Parum proficit scire quid fieri debet, si non cognoscas quomodo sit facturumdefined inBallentine's (1916)Black's (1910)
2 Inst. 503. It profits little to know what ought to be done, lf you do not know how It is to be done.
Petty serjeanty, (q. v.)
An afternoon's exercise or moot for the instruction of young students, bearing the same name originally with the Par-visiœ (little-go) of Oxford. Wharton.
See Petit Cafe.
In French. Precedence; right of going foremost
The passover; Easter.
In old English law and practice. Blaster. De termino Pascha, of the term of Blaster. Bract fol. 246b. —Pascha clausum. The octave of Easter, or Low-Sunday, which closes that solemn
The octave of Easter, or Low-Sunday, which closes that solemnity.
The Sunday before Easter, called "Palm-Sunday."
A particular meadow or pasture land set apart to feed cattle.
The grazing or pasturage, of cattle.
In the civll law. A feeding wood; a wood devoted to the feeding of cattle. Dig. 50, 16, 30, 5.
In English ecolesiastical law. Yearly tributes paid by the clergy to the bishop or archdeacon at their Easter visitations.
- Passdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
n. Permission to pass; a llcense to go or come; a certificate, emanating from authority, wherein it is declared that a designated person is permitted to go beyond certain boundarie
A way over water; an casement giving the right to pass over a piece of private water. Travel by sea; a voyage over water; the carriage of passengers by water; money paid for such c
An ancient court of record in Liverpool, once called the "mayor's court of pays sage," but now usually called the "court of the passage of the borough of Liverpool." This court was
The fare of a passenger by sea; money paid for the transportation of persons in a ship or vessel; as distinguished from "freight" or "freight-money," which is paid for the transpor
An ancient writ addressed to the keepers of the ports to permit a man who had the king's leave to pass over sea. Reg. Orig. 193.
A voyage or expedition to the Holy Land made by the kings of England in person. Cowell.
He who has the interest or command of the passage of a river; or a lord to whom a duty is paid for passage. Wharton.
A book in which a bank or banker enters the deposits made by a customer, and which is retained by the latter. Also a book in which a merchant enters the items of sales on credit to
- Passengerdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A person whom a common carrier has contracted to carry from one place to another, and has, in the course of the performance of that contract, received under his care either upon th
A ferryman. Jacob.
In English law. A kind of permit, being a note or check which the toll-clerks on seme canals give to the boatmen, speclfying the lading for which they have paid toll. Wharton.
Pannage; a liberty for hogs to run in foresta or woods to feed upon mast. Mon. Angl. 1, 682.
In the definition of manslaughter as homicide committed without premeditation but under the influence of sudden "passion," this term means any intense and vehement emotional excite
As used in law, this term means inactive; permissive; consisting in endurance or submission, rather than action; and in some connections it carries the implication of being subject
A debt upon which, by agreement between the debtor and creditor, no interest is payable, as distinguished from active debt; i. e., a debt upon which interest is payable. In this se
In Scotch law. A title incar-red by an heir in heritage who does not enter as heir in the regular way, and therefore incurs liability for ali the debts of the decedent, irrespectiv
A trust as to which the trustee has no active duty to perform. Goodrich v. Milwaukee. 24 Wis. 429 ; Perkins v. Brink-lev. 133 N. C. 154. 45 S. E. 542; Holmes v. Walter, 118 Wis. 40
A permissive use, (q. v.) --Permissive use. A passive use which was resorted to before the statute of uses, in order to avoid a harsh law ; as that of mortmain or a feudal forfeitu
- Passportdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In international law. A document issued to a neutralmerchant vessel, by her own government, during the progress of a war, and to be carried on the voyage, containing a sufficient d
In Spanish law. Feeding; pasture; a right of pasture. White, New Recopt b. 2, tit 1, a 6, § 4.
Lat. A shepherd. Applied to a minister of the Christian religion, who has charge of a congregation, hence called his "flock." See First Presbyterian Church v. Myers, 5 Okl. 809, 50
Land on which cattle are fed; also the right of pasture. Co. Litt 4b.
In feudal law. The procuration or provision which tenants were bound to make for their lords at certain times or as often as they made a progress to their lands. It was often conve
Know all men by these presents. Words with which letters of attorney anciently commenced. Reg. Orig. 305b, 306.
- Patentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
adj. Open; manlfest; evident; unsealed. Used in this sense in such phrases as "patent ambiguity," "patent writ," "letters patent." —Letters patent. Open letters, as distinguished f
Suitable to be patented; entitled by law to be protected by the issuance of a patent. Heath Cycle Co. v. Hay (C. C.) 67 Fed. 246; Maier v. Bloom (C.' C.) 95 Fed. 166; Boyd v. Cherr
See Ambiguity.
In sales of personal property, one which is plainly visible or which can be discovered by such an inspection as would be made in the exercise of ordinary care and prudence. See Law
He to whom a patent has bcen granted. The term is usually applied to one who has obtained letters patent for a new invention.
See Patent.
In old practice, an open writ; one not closed or sealed up.
- Paterdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. A father; the father. In the civil law, this word sometimes included avus, (grandfather.) Dig. 50, 16, 201. —Pater patriae. Father of the country. See Parens Patriæ.
The father of a family. In Roman law. The head or master of a family. This word is sometimes employed, in a wide sense, as equivalent to sui juris. A person sui juris is called "pa
The father is he whom the marriage points out. 1 Bl. Gomm. 446; Tate v. Penne, 7 Mart (N. S. La.) 548, 553; Dig. 2, 4, 5; Broom, Max. 516.
That which belongs to the father or comes from him. —Paternal power. The authority lawfully exercised by parents over their children. This phrase is also used to translate the Lati
A similar line of descent traced through the father.
The authority lawfully exercised by parents over their children. This phrase is also used to translate the Latin "pairia potestas," (q. v.)
That which descends or comes to one from his father, grandfather, or other ascendant or collateral on the paternal side of the house.
Lat. Paternal estates to paternal heirs. A rule of the French law, signifying that such portion of a decedent's estate as came to him from his father must descend to his heirs on t
- Paternitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The fact of being a father ; the relationship of a father. The Latin "paternitas" is used in the canon law to denote a kind of spiritual relationship contracted by baptism. Heinecc
Father of the country. See Parens Patriæ.
In medical jurisprudence. The science or doctrine of diseases. That part of medicine which explains the nature of diseases, their causes, and their symptoms. See Bacon v. U. S. Mut
Belonging to the gallows.
Hanged on a gibbet.
In old English law. A gallows or gibbet. Fleta, lib. 2, c. 3, § 9.
Lat One who suffers or permits; one to whom an act is done; the passive party in a transaction.
- Patriadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Lat. The country, neighborhood or vicinage; the men of the neighborhood; a jury of the vicinage. Synonymous, in this sense, with "pais."
A jury ought not to be harassed by labors and expenses. Jenk. Cent. 6.
Lafc In Roman law. Paternal authority; the paternal power. This term denotes the aggregate of those peculiar powers and rights which, by the civll law of Rome, belonged to the head
Paternal power should consist [or bo exercised] in affection, not in atrocity.
The chief bishop over several countries or provinces, as an archbishop is of several dioceses. Godb. 20.
One who has killed hls father. As to the punishment of that offense by the Roman law, sce Sandars' Just Inst. (5th Ed.) 496.
In the civil law. A title of the highest honor, conferred on those who enjoyed the chief place in the emperor's esteem.
Pertaining to a patrimony; inherited from ancestors, but strictly from the direct male ancestors.
In the civll law. The private and exclusive ownership or dominion of an individual. Things capable of being possessed by a single person to the exclusion of all others (or which ar
- Patrimonydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A right or estate inherited from one's ancestors, particularly from direct male ancestors.
In old ecclesiastical law. A godfather. Spelman.
An honor cohferred on men of the first quality In the time of the English Saxon kings.
In Roman law. Patronage; protection; defense. The business or duty of is patron or advocate.
A policeman assigned to duty in patrolling a certain beat or district; also the designation of a grade or rank In the organised police force of large cities, a patrolman being gene
- Patrondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In ecclesiastical law. He who has the right, title, power, or privllege of presenting to an ecclesiastical benefice. In Roman law. The former master of an emancipated slave. In Fre
- Patronagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; the same with advowson, (q. v.) 2 Bl. Comm. 21. The right of appointing to office,
Lat. In Roman law. The condition, relation, right, or duty of a patron. In ecolesiastical law. Patronage, (q. v.)
Dod. Adv. 7. Endowment, building, and land make a patron.
Lat. In Roman law. A person who stood in the relation of protector to another who was called his "client" One who advised hls client in matters of law, and advocated hls causes In
The proprietors of certain manors created in New York in colonial times were so called.
Lat In the civll law. A cousin-gorman by the father's side; the son or daughter of a father's brother. Wharton.
Lat An uncle by the father's side; a father's brother. —Patruus magnus. A grandfather's brother; granduncle. —Patruus major. A great-grandfather's brother. —Patruus maximus. A grea
A grandfather's brother; granduncle.
A great-grandfather's brother.
A great-grandfather's father's brother.