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
- Possibilitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzie v. Winston, 14 Fed. Cas. 651; Rodenhamer v. Welch, 89 N. C. 78; Needles v. Needles, 7
An expectation recognized in law as an estate or interest, such as occurs in executory devises and shifting or springing uses; such a possibility may be sold or assigned.
This term denotes no estate, but only a possibility to have the estate at a future time. Of such possibilities there are several kinds, of which two are usually denoted by the term
A remote possibility, as if a remainder be limited in particular to A.'s son John, or Edward, it is bad if he have no son of that name, for it is too remote a possibility that he s
Capable of existing or happening ; feasible. In another sense, the word denotes extreme Improbability, without excluding the idea of feasibility. It is also sometimes equivalent to
- Postdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A conveyance for letters or dispatches. The word is derived from "positi," the horses carrying the letters or dispatches being kept or placed at fixed stations. The word is also ap
An after-act; an act done afterwards.
The fee charged by law for carrying letters, packets, and documents by the public mails. —Postage stamp. A ticket issued by government, to be attached to mail-matter, and represent
A ticket issued by government, to be attached to mail-matter, and representing the postage or fee paid for the transmission of such matter through the public mails.
Relating to the mails; pertaining to the post-office. —Postal currency. During a brief period following soon after the commencement of the civil war in the United States, when spec
During a brief period following soon after the commencement of the civil war in the United States, when specie change was scarce, postage stamps were popularly used as a substitute
After the Co.n-quest. Words inserted in the king's title by King Edward I., and constantly used in the time of Edward III. Tomlins.
To date an instrument as of a time later than that at which it is really made.
After the day; as, a plea of payment post diem, after the day when the money became due. Com. Dig. "Pleader," 2. In old practice. The return of a writ after the day assigned. A fee
In English law. The name of a writ which lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor. Jacob.
In the common-law practico, a formal statement, indorsed on the nisi prtus record, which gives an account of the proceedings at the trial of the action. Smith, Act. 167.
In Vermont. Waters flowing through or lying upon inclosed or cultivated lands, which are preserved for the exclusive use of the owner or occupant by his posting notices (according
When goods are weighed or measured, and the merchant has got an account thereof at the custom-house, and finds his entry already made too small, he must make a post or additional e
Lat. This term was used by the Romans to denote the descendants in a direct line beyond the sixth degree,
- Posterioritydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
This is a word of comparison and relation in tenure, the correlative of which Is the word "priority." Thus, a man who held lands or tenements of two lords was said to hold of his m
- Posteritydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
All the descendants of a person in a direct line to the remotest generation. Breckinridge v. Denny, 8 Bush (Ky.) 527.
3 Bulst. 108. After the execution of the estate the law suffers not a possibility.
After the fact See Ex post Facto.
An after-act; an act done afterwards; a post-act.
In old conveyancing. A fine or sum of money, (otherwise calied the "king's silver") formerly due on granting the licentia concordandi or leave to agree, in levying a fine of lands.
Lat After this; after this time; hereafter.
- Posthumous Childdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
One born after the death of its father; or, when the Caesarean operation is pertormed, after that of the mother.
A posthumous child is considered as though born, [at the parent's death.] Hall v. Hancock, 15 Pick. (Mass.) 258, 26 Am. Dec. 598.
Lat. Of positive law. "That was a rule positivi juris; I do not mcan to say an unjust one." Lord Ellen-borough, 12 East, 639.
Lat In the civth law. A doctrine or fiction of the law by which the restoration of a person to any status or right formerly possessed by him was considered as relating back to the
Postliminy feigns that he who has bcen captured has never left the sinte. Inst 1, 12, 5; Dig. 49, 51.
See PostliminiU H.
Lat. After suit moved or commenced. Depositions in relation to the subject of a suit, made after litigation has commenced, are sometimes so termed. 1 Starkie, Ev. 319.
A senior barrister in the court of exchequer, who has precedence in motions; so calied from the place where he sits. 2 Bl. Comm. 28. A letter-carrier.
A stamp or mark put on letters received at the post-office for transmission through the mails.
An officer of the United States, appointed to take charge of a local post-office and transact the business of receiving and forwarding the mails at that point, and such other busin
The head of the post-office department. He ls one of the president's cabinet.
After death. A term generally applied to an autopsy or examination of a dead body, to ascertain the cause of death or to the inquisition for that purpose by the coroner. See Wehle
Those born after. See Post Natus.
Born afterwards. A term applied by old writers to a second or younger son. It is used in private international law to designate a person who was born after some historic event, (su
A species of bank-notes payable at a distent period, and not on demand. They are a species of obligation resorted to by banks when the exchanges of the country, and especially of t
After marriage. Thus, an agreement entered into by a father after the marriage of his daughter, by which he engages to make a provision for her, would be termed a "post-nuptial agr
A settlement made after marriage upon a wife or children; otherwise called a "voluntary" settlement. 2 Kent, Comm. 173.
A bond given by an expectant, to become due on the death of a person from whom he will have property. A bond or agreement given by a borrower of money, by which he undertakes to pa
A bureau or department of-government or under governmental superintendence, whose office is to receive, transmit, and deliver letters, papers, and other mail-matter sent by post. A
A Letter of credit furnished by the government, at A small charge, to facilitate the transmission of money.
To put off; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set below something else; as when an earlier lien is for some reason postponed
After Issue born, (raised.) Co. Litt. 19b.
BoroughEnglish, (q. v.)
The roads or highways, by land or sea, designated by law as the avenues over which the malls shall be transported. Railway Mail Service Cases, 13 Ct Cl. 204. A "post route," on the
Sib tings after term. See Sittings.
After term or postterm. The return of a writ not only after the day assigned for its return, but after the term also, for which a fee was due, Cowell.
Lat In Roman law. A request or petition. This was the name of the first step in a criminni prosecution, corresponding somewhat to "swearing out a warrant" in modern criminal law. T
In Roman law. The demand of an action ; the request made to the prætor by an actor or plaintiff for an action or formula of suit; corresponding with the application for a writ in o
In French law. A sum of money frequently paid, at the moment of entering into a contract, beyond the price agreed upon.. It differs from arrha, in this: that it is no part of the p
A person who possesses great power or sway; a prince, sovereign or monarch. By the naturalization law of the United States, an alien is required to renounce all allegiance to any f
Lat Possibility; power. —Potentia propinqua. Common possibility. See Possibility.
3 Bulst 199. Power ought to follow justice, not go before it.
- Potentia est duplex, remota et propinqua; et potentia remotissima et vana est quæ nunquam venit in actumdefined inBlack's (1910)
11 Coke, 51. Possibility is of two kinds, remote and near; that which never comes into action is a power the most remote and vain.
Useless power is to no purpose. Branch, Princ.
Existing in possibility but not in act; naturally and probably expected to come into existence at some future time, though not now existing; for example, the future product of grai
Common possibility. See Possibility.
Lat In the civil law. Power; authority; domination ; empire. Imperium or the jurisdiction of magistrates. The power of the father over his children, patria potestas. The authority
A power is strictly interpreted. Jenk. Cent. p. 17, case 29, in marg.
Supreme power can dissolve [unloose] but cannot bind itself. Branch, Princ.; Bacon.
Bract. 20. One may relinquish for himself and his heirs a right which was introduced for his own benefit.
Better Is the condition of the defendant, [than that of the plaintiff.] Broom, Max. 740; Cowp. 343; Williams v. Ingell, 21 Pick. (Mass.) 289; White v. Franklin Bank, 22 Pick. (Mass
A term formerly applied to voters in certain boroughs of England, where all who boil (wallop) a pot were entitled to vote. Webster.
The name of a prison formerly existing in London. See Counter.
- Pounddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
1. A place, inclosed by publlc authority, for the temporary detention of stray animala. Harriman v. Fifield, 36 Vt. 345; Wooley v. Groton, 2 Chsh. (Mass.) 308. A pound-overt is sni
- Poundagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)
In practice. An allowance to the sheriff of so much in the pound upon the amount levied under an execution. Bowe v. Campbell, 2 Civ. Proc. R. (N. Y.) 234. The money which an owner
An officer charged with the care of a pound, and of animals confined there.
An uncertain quantity of land, said to be about fifty-two acres.
Fr. In French law. The formula which a creditor prefixes to his signature when he gives a receipt.
Fr. For account of whom it may concern.
In Fr. An ancient writ addressed to the mayor or bailiff of a city or town, requiring him to make proclamation concerning nuisances, etc. Fitzh. Nat. Brev. 176.
Fr. In French law. The preliminary negotiations or bargainings which lead to a contract between the parties. As in English law, these form no part of the contract when completed. T
To make pourparty is to divide and sever the lands that fuil to parceners, which, before partition, they held Jointly and pro indiviso. Cowell.
An inclosure. Anything done to the nuisance or hurt of the public demesnes or the highways, etc., by inclosure or building, endeavoring to make that private which ought to be publi
In Fr. An ancient writ whereby the crown seized the land which the wife of its deceased tenant, who held in capite, hack for her dower, if she married without leave. It was groubde
The king's messenger; a royal or state messenger. In the heralds' college, a functionary of lower rank than a herald, but discharging similar duties, called also "poursuivant at ar
In old English law. The providing corn, fuel, victuals, and other necessaries for the king's house. Cowell.
A buyer; one who provided for the royal household.
In Scotch law. Power. See Liege Poustie. A word formed from the Latin "potestas."
An affidavit, made and filed by one of the parties to a suit, that he is not able to furnish security for the final costs. The use of the term is confined to a few states. Cole v.
In real property law. A power is an authority to do some act in relation to real property, or to the creation or revocation of an estate therein, or a charge thercon, which the own
By this phrase is meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked pow
A power or authority conferred by one person by deed or will upon another (called the "donee") to appoint, that is, to select and nominate, the person or persons who are to receive
An instrument authorizing a person to act as the agent or attorney of the person granting it See Lenter of Attorney.
Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his life-time to dispose of the entire fee for his own benefit; and, where a
A clause sometimes inserted in mortgages and deeds of trust, giving the mortgagee (or trustee) the right and power, on default in the payment of the debt secured, to advertise and
A power appendant is where a person has an estate in land, and the estate to be created by the power is to, or may, take effect in possession during the tenancy of the estate to wh
See Poinding.
An act of parliament, made in Ireland, (10 Hen. VII. c. 22, A. D. 1495;) so called because Sir Edward Poynings was lieutenant there when it was made, whereby all general statutes b
An abbreviation for "propria persona," in his proper person, in his own person.
A practical construction of a constitution or statute is one determined, not by judicial decision, but practice sanctioned by general consent. Farmers' & Mechanics' Bank v. Smith,
- Practicedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
The form or mode of proceeding in courts of justice for the ehforce-inent of rights or the redress of wrongs, as distinguished from the substantive law which gives the right or den
In English law. A court attached to the court of king's bench, which heard and determined common matters of business and ordinary motions for writs of mandamus, prohibition, etc. I
A succession of acts of a similar kind or in a llke employment.
In Scotch law. The decisions of the courf of session, as evidence of the practice or chstom of the country. Belli