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
- Pauperdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A person se poor that he must be supported at publlc expense; also a suitor who, on account of poverty, is allowed to sue or defend without being chargeable with costs. In re Hoffe
Lat. In Roman law. Damage or injury done by an irrational animal, without active fault on the' part of the owner, but for which the latter was bound to make compensation. Inst 4, 9
Money paid towards paving the streets or highways.
To pave is to cover with stones or brick or other suitable material, so as to make a level or convenient surface for horses, carriages or foot-passengers, and a sidewalk is paved w
- Pawndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
n. A bailment of goods to a creditor, as security for some debt or engagement; a pledge. Story, Bailm. § 7; Coggs v. Bernard, 2 Ld. Raym. 913; Barrett v. Cole, 49 N. C. 40; Surbsr
- Pawnbrokerdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
A person whose business is to lend money, usually in small sums, on security of personal property deposited with him or left in pawn. Little Bock v. Barton, 33 Ark. 444; Schaul v.
The person receiving a pawn or to whom a pawn is made; the person to whom goods are delivered by another in pledge.
The person pawning goods or delivering goods to another in pledge.
Lat. In old English law. The peace of the church. A particular privilege attached to a church; sanctuary, (q. v.) Crabb, Eng. Law, 41; Cowell.
Lat. The peace of the king; that is, the peace, good order, and security for Ilfe and property which it is one of the objects of government to maintain, and which the king, as the
To pay is to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance, by which the debt is discharged. Beals v. Home Ins. Co., 36 N. Y. 522.
A sum of money ls said to be payable when a person is under an obligation to pay it. "Payable" may therefore signify an obligation to pay at a future time, but, when used without q
- Payeedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In mercantile law. The person in whose favor a bill of exchange, promissory note or check is made or drawn; the person to whom or to whose order a bill, note or check Is made payab
One who pays or who Is to make a payment; particularly the person who is to make payment of a bill or note. Correlative to "payee."
An officer of the army or navy whose duty is to keep the pay-accounts and pay the wages of the officers and men. Any official charged with the disbursement of public money. —Paymas
In English law. The officer who makes the various payments out of the public money required for the different departments of the state by issuing drafts on the Bank of England. Swe
- Paymentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)
The performance of a duty, promise or obligation or discharge of a debt or liability, by the delivery of money or other value. Also the money or other thing se delivered. Brady v.
In practice. The act of a defendant in depositing the amount which he admits to be due, with the proper officer of the court, for the benefit of the plaintiff and in answer to his
- Paysdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
Fy. Country. Trial per papa, trial by jury, (the country.) See Pais.
See Advowson.
A case primce impressionis (of the first impression) is a case of a new kind, to which no established principle of law or precedent directly applies, and which must be decided enti
An abbreviation for "Pleas of the Crown;" sometimes also for "Privy Council," "Parliamentary Cases," "Patent Cases," "Practice Cases," "Penal Code," or "Political Code."
- Peacedefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
As applied to the affairs of a state or nation peace may be either external or internal. In the former case, the term denotes the prevalence of amicable relations and mutual good w
Free from the character of force, violence, or trespass; as, a "peaceable entry" on lands. "Peaceable possession" of real estate is such as is acquiesced in by all other persons, i
See Peaceable.
This term is variously defined by statute in the different states ; but generally it includes sheriffs and their deputies, constables, marshals, members of the police force of citi
In old English law. That rest and cessation which the king's subjects had from trouble and suit of law between the terms and on Sundays and holidays. Cowell; Spelman.
The protection, security, and immunity from violence which the state undertakes to secure and extend to nil persons within its jurisdiction and entitled to the bane-fit of its laws
3 Inst. 20. Crimes against nature are the most heinous.
5 Coke, 49. He adds fault to fault who sets up a defense of a wrong committed by him.
A piece or small quantity of ground. Paroch. Antiq. 240.
A measure of two gallons; a dry measure.
In Roman law. Money owing (even upon a moral obligation) upon a day being fixed
In the civil law. Money not paid. The subject of an exception or plea in certain cases. Inst. 4, 13, 2.
Lat. In Roman law. Cattle ; bcasts. The term included all quadrupeds that fed In flocks. Dig. 32, 65, 4.
- Peculationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
In the civll law. The unlawful appropriation, by a depositary of public funds, of the property of the government intrusted to his care, to his own use or that of others. Domat. Sup
Lat. In the civil law. The offense of stealing or embezzling the publlc money. Hence the common English word "peculation," but "embezzlement" is the proper legal term. 4 Bl. Comm.
In ecclesiastical law. A parish or church In England which has jurisdiction of ecclesiastical matters within itself, and independent of the ordinary, and is subject only to the met
LatIn Roman law. Such private property as might be held by a slave, wife or son who was under the patria potestas, separate from the property of the father or master, and in the pe
In Roman law. That kind of peculium, which a son acquired in war, or from his connection with the camp, (castrum.) Heinecc. Elem. lib. 2, tit. 9, § 474.
- Pecuniadefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat. Originally and radically, property in cattle or cattle themselves. So called because the wealth of the ancients consisted in cattle. Co. Litt. 207b. In the civil law. Property
- Pecunia dicitur a pecus, omnes enim veterum divitiæ iu animalibus consistebantdefined inBlack's (1910)
Co. Litt 207. Money (pecunia) is so called from cattle, (pecus,) because all the wealth of our ancestors consisted in cattle.
Money numbered or counted out; i. e., given in payment of a debt.
- Pecuniarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Monetary; relating to money; consisting of money. —Pecuniary causes. In English ecclesiastical practice. Causes arising from the withholding of ecclesiastical dues, or the doing or
In English ecclesiastical practice. Causes arising from the withholding of ecclesiastical dues, or the doing or neglecting some act relating to the church, whereby some damage accr
See Consideration.
Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but ali such loss, deprivation, or injury as can be made the subje
See Legacy.
A pecuniary loss ls a loss of money, or of something by which money, or something of money value, may be acquired. Green v. Hudson River Co., 32 Barb. (N. Y.) 33.
Money anciently paid to the priest at the opening of a grave for the good of the deceased's soul. —Pecunia trajectitia.. In the civil law. A loan in money, or in wares which the de
Lat. In Roman law. Cattle; a beast. Under a bequest of pecudes were included oxen and other beasts of burden. Dig. 32, 81, 2.
In old English law. A toll or tax paid by travelers for the privilege of passing, on foot or mounted, through a forest or other protected place, Spelman.
L. Lat. Pedage, (q. v.)
Lat In Roman law. At the foot; in a lower position; on the ground. See Judex Pedaneus.
Itinerant traders; persons who sell small wares, which they carry with them in traveling about from place to place. In re Wilson, 19 D. C. 341, 12 L. R. A. 624; Com. v. Farnum, 114
In old English and Scotch law. Dusty-foot. A term applied to itinerant merchants, chapmen or peddlers who attended fairs.
In criminal law. The unnatural carnal copulation of male with male, particularly of a man with a boy; a form of sodomy; (q. v.)
- Pedigreedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
Lineage; line of ancestors from which a person descends; genealogy. An account or register of a line of ancestors. Family relationship. Swink v. French, 11 Lea (Tenn.) 80, 47 Am. R
Lat In old criminal law. The cutting off a foot; a punishment anciently inflicted instcad of death. Fleta, llb. 1, c. 38.
Lat In the civil and old English law. A putting or placing of the foot. A term used to denote the possession of lands by actual corporal entry upon them Waggoner v. Hastings, 5 Pa.
Lat A foothold; an actual possession. To constitute adverse possession there must be pedis possessio or a substantial inclosure. 2 Bouv. Inst no. 2193; Bailey v. Irby, 2 Nott & McC
Foot-soldiers.
The rank or dignity of a peer or nobleman. Also the body of nobles taken collectively.
A woman who belongs to the nobility, which may be either in her own right or by right of marriage.
In feudal law. The vassals of a lord who sat in his court as judges of their co-vassals, and were called "peers," as being each other's equals or of the same condition. The nobilit
Vassals or tenants of the same lord, who were obllged to serve and attend him in his courts, being equal in function. These were termed "peers of fees," because holding fees of the
In Fr. In old English law. A special form of punishment for those who, being arraigned for felony, obstinately "stood mute;" that is, refused to plead or to put themselves upon tri
A peal, pile or fort. Cowell.
Issues arising from or out of a thing. Jacob.
Booty; also the personal effects of a felon convict. Cowell.
The custom or duty paid for skins of leather.
Insanity caused by or deprived from pellagra, which is an endemic disease of southern Europe, (though not confined to that region,) characterized by erythema, digestive derangement
Lat. In Roman law. A concubine. Dig. 50, 16, 144.
A pilch or surplice. Spelman.
A leather-seller or skinner. Jacob.
Tbe ball of a foot 4 Inst 308.
The wool pulled off the skin or pelt of dead sheep. 8 Hen. VI. c. 22.
Punishable; inflicting a punishment; containing a penalty or relating to a penalty. —Penal action. In practice. An action upon a penal statute; an action for the recovery of a pena
In practice. An action upon a penal statute; an action for the recovery of a penalty given by statute. 3 Steph. 635, 536. Distinguished from a popular or qui tam action, in which t
An instrument formerly in use, by which a party bound himself to pay a certain Bum or sums of money, or to do certain acts, or, in default thereof, to pay a certain specified sum b
A band promising to pay a named sum of money (the penalty) with a condition underwritten that, if a stipulated collateral thing, other than the payment of money, be done or forborn
A penal clause is a secondary obligation, entered into for the purpose of enforcing the performance of a primary obligation. Civ. Code La. art. 2117. Also a clause in a statute dec
Those which prohibit an act and impose a penalty for the commission of it. 2 Cro. Jan. 415. Strictly and properly speaking, a penal law is one imposing a penalty or punishment (and
In English criminal law, a punishment which consists in keeping the offender in confinement and compelling him to labor. 2. A charge or burden resting upon one estate for the benef
a punishment which consists in keeping an offender in confinement, and compelling him to labor. Steph. Crim. Dig. 2. Defined under Penal in Black's Law Dictionary.
A sum agreed upon in a bond, to be forfeited if the condition of the bond is not fulfilled.
See "penal laws," supra.
See Penal.
- Penaltydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
1. The sum of money which the obligor of a bond undertakes to pay by way of penalty, in the event of his omitting to perforin or carry out the terms imposed upon him by the conditi
In ecclesiastical law. An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense. Ayl. Par. 420.
Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and before the final disposition of it
Lat. Pending; as lis pendens, a pending suit
Lat. Pending the suit; during the actual progress of a suit; during litigation.
Co. Litt. 344. During a litigation nothing new shouid be introduced.
In the civll law. The fruits of the earth not yet separated from the ground; the fruits hanging by the roots. Ersk. Inst 2, 2, 4.
In Scotch law. A piece or parcel of ground.
- Pendingdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
Begun, but not yet completed ; unsettled; undetermined; in process of settlement or adjustment Thus, an action or suit ls said to be "pending" from its Inception until the renditio
A term used in criminal law, and denoting (in cases of alleged rape) the insertion of the male part into the female parts to however slight an extent; and by which insertion the of
- Penitentiarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A prison or place of punishment; the place of punishment in which convicte sentenced to confinement and hard labor are confined by the .authority of the law. Millar v. State, 2 Kan
A standard, banner or ensign carried in wav.