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
Fr. A judgment, sentenco or decree of a court of competent jurisdiction. The term is derived from the French law, and is used in Canada and Louisiana. 8aisie arrit is an attachment
Charged; charging. The convening a person charged with a crime before a judge. Staundef. P. C. 45. It is used sometimes for imputed or laid unto; as no folly may be arretted to one
In the civil law. Earnest; money given to bind a bargain. Calvin.
In the civil law. Money or other valuable things given by the buyer to the seller, for the purpose of evidencing the contract; earnest.
- Arriage and Carriagedefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English and Scotch law. Indefinite services formerly demandable from tenants, but prohibited by statute, (20 Geo. II. c. 50, §§ 21, 22.) Holthouse; Ersk. Inst 2, 6, 42.
- Arrier Bandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In feudal law. A second summons to join the lord, addressed to those who had neglected the first. A summons of the inferiors or vassals of the lord. Speiman.
In feudal law. A fief or fee dependent on a superior one; an inferior fief granted by a vassal of the king, out of the fief held by him. Mon-tesq. Esprit des Lois, liv. 81, cc. 26,
In feudal law. The vassal of a vassal.
In marine insuranco. The arrival of a vessel means an arrival for purposes of business, requiring an entry and clearance and stay at the port so long as to require some of the acts
- Arrivedefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
TO reach or come to a particular place of destination by traveling towards it. Thompson v. United States, 1 Brock. 411, Fed. Cas. No. 407. In insurance law. To reach that particula
In the civil law. The adoption of a person who was of full age or sui juris. 1 Browne, Civil & Adm. Law, 119; Dig. 1, 7, 5; Inst. 1, 11, 3. Reinders v. Kop-pelmann, 68 Mo. 497, 30
In France, one of the subdivisions of a department
Store-houses for arms; dock-yards, magazines, and other military stores.
- Arser In Le Maindefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
Burning in the hand. The punishment by burning or branding the left thumb of lay offenders who claimed and were allowed the benefit of clergy, so as to distinguish them in case the
Burnt and weighed. A term formerly applied to money tested or assayed by fire and by weighing.
- Arsondefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Arson, at common law, is the act of unlawfully and maliciously burning the house of another man. 4 Steph. Comm. 99; 2 Russ. Crimes, 896; Steph. Crim. Dig. 298. Arson, by the common
- Arsuradefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The trial of money by heating It after it was coined. The loss of weight occasioned by this pro cess. A pound was said to hum so many pence (tot ardere denarios) as it lost by the
- Artdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A principle put in practice and applied to seme art, machine, manufacture or composition of matter. Earle v. Sawyer, 4 Mason, 1, Fed. Cas. No. 4,247. See Act Cong. July 8, 1870. In
- Art and Partdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Scotch law. The offense committed by one who aids and assists the commission of a crime, but who is not the principal or chief actor in its actual commission. An accessary. A pr
To avouch; as if a man were taken with stolen goods in his possession he was allowed a lawful arthel, i. e., vouchee, to clear him of the felony; but provision was made against it
- Articledefined inCase LawU.S. CodeCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A separate and distinct part of an instrument or writing comprising two or more particulars; one of several things presented as connected or forming a whole. Carter v. Railroad Co.
- Articled Clerkdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. A clerk bound to serve in the office of a solicitor in consideration of being instructed in the profession. This is the general acceptation of the term; but it is s
- Articlesdefined inU.S. CodeCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
1. A connected series of propositions; a system of rules. The subdivisions of a document, code, book, etc. A specification of distinct matters agreed upon or established by authori
In Scotch law. That part of the proceedings which corresponds to the answer to the charge in an English bill in chancery. Paters. Comp.
In Scotch law. Articulate averments setting forth the facts relied upon. Bell. That part of the proceedings which corresponds to the charge in an English bill in chancery to set as
A committee of the Scottish parliament, which, in the mode of its election, and by the nature of its powers, was calculated to increase the influence of the crown, and to confer up
- Articles of agreementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A written memorandum of the terms of an agreement. It is a common practice for persons to enter into articles of agreement, preparatory to the execution of a formal deed, whereby i
Articles subscribed by the members of a joint-stock company or corporation organized under a general law, and which create the corporate union between them. Such articles are in th
The name of the instrument embodying the compact made between the thirteen original states of the Union, before the adoption of the present constitution.
In English law. The system of faith of the Church of England, more commonly-known as the "Thirty-Nine Articles."
- Articles of impeachmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The formal written allegation of the causes for an impeachment, answering the same purpose as an indictment in an ordinary criminal proceeding.
A formal written allegation of the causes for impeachment; answering the same office as ,an indictment in an ordinary criminal proceeding.
The instrument by which a private corporation is formed and organized under general corporation laws. People v. Golden Gate Lodge, 128 Cal. 257, 60 Pac. 865.
- Articles of partnershipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A written agreement by which the parties enter into a copartnership upon the terms and conditions therein stipulated.
In English ecclesiastical law. Commonly called the "Thirty-Nine Articles;" a body of divinity drawn up by the convocation in 1562, and confirmed by James I.
In Scotch law. The terms and conditions under which property is sold at auction.
In Scotch law. An agreement for a lease. Paters. Comp.
The title of a statute passed in the ninth year of Edward II. for the purpose of adjusting and settling the great questions of cognizance then existing between the ecclesiastical a
A system of rules prescribed by act of parliament for the government of the English navy ; also, in the United States, there are articles for the government of the navy.
See Articles.
In English law. Articles agreed to, A. D. 1707, by the parliaments of England and Scotland, for the union of the two kingdoms. They were twenty-five in number. 1 Bl. Comm. 96.
See Article.
In Scotch law. Where the creditor holds several distinct debts, a separate adjudication for each claim is thus called.
Article by article; by distinct clauses or articles; by separate propositions.
Lat. Articles; items or heads. A term applied to some old English statutes, and occasionally to treatises. —Articuli cleri. Articles of the clergy, (q. v.) —Articuli de moneta. Art
- Articuli cleridefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Articles of the clergy, (q. v.)
- Articuli de monetadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Articles concerning money, or the currency. The title of a statute passed in the twentieth year of Edward I. 2 Reeve, Hist. Eng. Law, 228; Crabb, Eng. Law, (Amer. Ed.) 167.
The preliminary articles, forty-nine in number, upon which the Magna Ghttrta was founded
- Articuli super chartasdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Articles upon the charters. The title of a statute passed in the twenty-eighth year of Edward I. st. 3, confirming or enlarging many particulars in Magna Charta, and the Charta de
(Or more commonly in articulo mortis.) In the article of death; at the point of death.
One who buys goods in order to reduce them, by his own art or industry, into other forms, and then to sell them. Lansdale v. Brashear, 3 T. B. Mon. (Ky.) 335. One who is actually a
Created by art or by law; existing only by force of or in contemplation of law. —Artificial force. In patent law. A natural force so transformed in character or energies by human p
The time between the rising and setting of the sun ; that is, day or day-time as distinguished from night.
In patent law. A natural force so transformed in character or energies by human power as to possess new capabilities of action; this transformation of a natural force into a force
Technically; selen-tifically; using terms of art. A will or contract is described as "artificially" drawn if it is couched in apt and technical phrases and exhibits a scientific ar
Such as are created and devised by law for the purposes of society and government, called "corporations" or "bodies politic."
Also called "legal presumptions;" those which derive their force and effect from the law, rather than their natural tendency to produce belief. 3 Starkie, Ev. 1235. Gulick v. Loder
That attribute of a corporation by which, in contemplation of law, the company itself remnins always the same though its constituent members or stockholders may change from time to
See Watercourse.
One skilled in some kind of mechanical craft or art; a skilled mechanic. O'Clair v. Hale, 25 Misc. Rep. 31, 54 N. Y. Supp. 386; Amazon Irr. Co. v. Briesen, 1 Kan. App. 758, 41 Pac.
Lat. From the red to the black; from the rubric or title of a statute, (which, anciently, was in red letters,) to its body, which was in the ordinary black. Tray. Lat Max.; Bell, "
An old English law term, signifying a day's work in plowing.
A feast or entertainment made at a funeral in the north of England; arvtt bread is bread delivered to the poor at funeral solemnities, and arvil, arval or arfal, the burial or fune
Lat. In the Roman and civil law. A pound weight; and a coin originally weighing a pound, (called also "libra;") divided into twelve parts, called "unciæ." Any integral sum, subject
These words contrast the relative position of two persons, with a tacit reference to a different relationship between one of them and a third person. For instance, the temporary ba
To go np; to pass up or upwards ; to go or pass in the ascending line. 4 Kent, Com 393, 397.
Persons with whom one is related in the ascending line; one's parents, grandparents, great-grandparents, etc
In Spanish law. Ascendants; ascending heirs; heirs in the ascending line. Schm. Civil Law, 259.
Passage upwards; the transmission of an estate from the ancostor to the heir in the ascending line. See 4 Kent, Co.min. 393, 307.
To fix; to render certain or definite; to estimate and determine; to clear of doubt or obscurity. Brown v. Lyd-dy, 11 Hun, 456; Bunting v. Speek, 41 Kan. 424, 21 Pac. 288, 3 In R.
In Roman law. A foreigner who had been registered and naturalized in the colony in which he resided. Co.d. 11, 47.
View; object; possibility. Implies the existence of alternatives. Used in the phrases "bill with a double aspect" and "contingency with a double aspect."
In medical jurisprudence. A morbid condition of swooning, suffocation or suspended animation, resulting in death if not relieved, produced by any serious interference with normal r
- Asportationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The removal of things from one place to another. The carrying away of goods; one of the circumstances requisite to constitute the offense of larceny. 4 Bl. Comm. 231. Wilson v. Sta
He carried away. Sometimes used as a noun to denote a carrying away. An "asportavit of personal chattels." 2 N. Bl. 4.
In old Welsh law. An oath made by compurgators. Brown.
- Assartdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. The offense committed in the forest, by pulling up the trees by the roois that are thickets and coverts for deer, and making the ground plain as arable land. It dif
- Assassinationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Murder committed for hire, without provocation or cause of resentment given to the murderer by the person upon whom the crime is committed. Ersk. Inst. 4, 4, 45. A murder committed
- Assathdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An ancient custom in Wells, by which a person accused of crime could clear himself by the oaths of thrce hundred men. It was abolished by St 1 Hen. V. c. 6. Cowell; Spelman.
- Assaultdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)
An unlawful attempt or offer, on the part of one man, with force or violence, to inflict a bodily hurt upon another. An attempt or offer to bcat another, without touching him; as i
- Assaydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The proof or trial, by chemical experiments, of the purity or fineness of metals,—particularly of the precious metals, gold and silver. A trial of weights and measures by a standar
One whose business it is to make assays of the precious metals. —Assayer of the king. An officer of the royal mint, appointed by St. 2 Hen. VI. c. 12, wbo received and tested the b
An officer of the royal mint, appointed by St. 2 Hen. VI. c. 12, wbo received and tested the bullion taken in for coining; also called "assayator regis." Cowell ; Termes de la Ley.
The staff of persons by whom (or the building in which) the process of assaying gold and silver, required by government, incidental to maintaining the coinage, is conducted.
- Assecuraredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To assure or make secure by pledges or any solemn interposition of faith. Cowell; Spelman.
- Assecurationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In European law. Assurance; insurance of a vessel, freight or cargo. Ferriere.
- Assecuratordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In maritime law. An insurer, (aversor periculi.) Loco de Jure Mar. lib. 2, c. 5, § 10.
- Assedationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Scotch law. An old term, used indiscriminately to signify a lease or feu-right. Bell; Ersk. Inst. 2, 6, 20.
- Assemblydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The concourse or meeting together of a considerable number of persons at the same place. Also the persons so gathered. Popular assemblies are those where the people meet to deliber
The highest ecclesiastical court in Scotland, composed of a representation of the ministers and elders of the church, regulated by Act 5th Assem. 1694.
In criminal law. The assembling of three or more persons together to do an unlawful act, who separate without actually doing it, or making any motion towards it. 3 Inst. 176; 4 Bl.
- Assentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Compllance; approval of something done; a declaration of willingness to do something in compliance with a request. Norton v. Davis, 83 Tex. 32, 18 S. W. 430; Appeal of Pittsburgh,
One which affirms that a particular state of facts exists ; an affirming promise under scab
One relating to a past or present fact or state of facts, as distinguished from a "promissory" oath which relates to future conduct; particularly, any oath required by law other th
- Assessdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
1. To ascertain, adjust, and settle the respective shares to be contributed by several persons toward an object beneficial to them all, in proportion to the benefit received. 2. To
Where the charter of a corporation provides for the payment by it of a state tax, and contains a proviso that "no other tax or impost shall be levied or assessed upon the said comp
- Assessmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In a general sense, denotes the process of ascertaining and adjusting the Shares respectively to be contributed by several persons towards a common beneficial object according to t
In life insurance. A company in which a death loss is met by levying an assessment on the surviving members of the association. Mutual Ben. It. Ins. Co. v. Marye, 85 Va. 643, 8 S.
One wherein the payment of the benefit is in any manner or degree dependent on the collection of an assessment levied on persons holding similar contracts. Folkens v. Insurance Co.
In taxation. Any subdivision of territory, whether the whole or part of any municipality, in which by law a separate assessment of taxable property is made by the officers elected