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
The seal (however made) of a private person or corporation, as distinguished from a seal employed by a state or government or any of its bureaus or departments.
A statute which operates only upon particular persons, and private concerns. 1 Bl. Comm. 86. An act which relates to certain individuals, or to particular classes of men. Dwar. St.
A non-navigable creek oi water-course, the bed or channel of which is exclusively owned by a private individual. See Adams v. Pease. 2 Conn. 484; Reynolds v. Com., 93 Pa461.
One established or created for the banefit of a certain designated individual or individuals, or a known person or class of persons, clearly identified or capable of identification
One between private persons, lawfully exerted by way of defense, but otherwise unknown in civil society. People v. McLeod, 25 Wend. (N. Y.) 576, 37 Am. Dec. 328.-
Non-navigable streams, or bodies of water not open to the resort and use of the general public, but' entirely owned and controlled by one or more individuals.
A right which a person has of passing over the land of another. Jones v. Venable, 120 Ga. 1, 47 S. E. 549; Whiting . Dudley, 19 Wend. (N. Y.) 376; Kister v. Rees-er, 98 Pa. 1, 42 A
The violation of public or private rights, when considered in reference, to the injury sustained by the individual, and consequently as subjecte for civil redress or compensatcm. 3
A taking away or withdrawing. Co. Litt 239.
2 Rolle, 419. A deprivation presupposes a possession.
There ls no doubt that the rights of others [third parties] cannot be prejudiced by private agreements. Dig. 2, 15, 3, pr.; Broom, Max. 697.
The agreement of private individuals does not derogate from the public right, [law.] Dig. 50, 17, 45, 1; 9 Coke, 141; Broom, Max. 695.
Lat. Private. Privatum jus, private law. Inst. 1, 1, 4.
Private good yields to public. Jenk. Cont. p. 223, case 80. The interest of an individual should give place to the public good. Id.
Private inconvenience is made up for by public benefit Jenk. Cont p. 85, case 65; Broom, Max. 7.
Fr. Pregnant privately. The term is applied to a woman who ls pregnant, but not yet quick with chlld.
- Priviesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
Persons connected together or having a mutual interest in the same action or thing, by some relation other than that of actual contract betwcen them; persons whose interest in an e
Lat In the civil law. A step-daughter.
Lat. In the civll law. A son of a husband or wife by a former marriage; a step-son. Calvin.
- Privilegedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
A particular and peculiar banefit or advantage enjoyed by a person, company or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemp
Possessing or enjoying a privilege; exempt from burdens; entitled to priority or precedence, —Privileged Communications. See Communication. —Privileged copyholds. See Copyhold. —.P
See Communication.
See Copyhold. —.Privileged debts. Those which an executor or administrator may pay in preference to others; such as funeral expenses, servants' wages, and doctors' bills during las
In Scotch law. An instrument, for example, a testament, in the execution of which certain statutory formalities usually required are dispensed with, either from necessity or expedi
In the law of evidence. A communication made to a counsel, solicitor, or attorney, in professional confidence, and which he is not permitted to divulge ; otherwise called a "confid
In old English law. A species of villenage in which the tenants held by certain and determinate services; otherwise called "villein-soeage." Bract, fol. 209. Now called "privileged
A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of gover
A tax on the privilege of carrying on a business for which "a license or franchise is .required. Adams v. Co.lonial Mortgage Co., 82 Miss. 263, 34 South. 482, 100 Am. St. Rep. 633;
- Privilegia quæ re vera sunt in praejudicium reipublicæ, magis tamen habent speciosa frontispicia, et boni publici praetextum, quam bonæ et legales concessiones; sed praetextu liciti non dehet admitti illictnmdefined inBlack's (1910)
11 Coke, 88. Privileges which are truly in prejudice of public good have, however, a more specious front and pretext of publlc good than good and legal grants; but, under pretext o
- Privilegiumdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In Roman law. A special constitution by which the Roman emperor conferred on some single person some anomalous or irregular right, or imposed upon some single person some anomalous
The benefit of clergy, (q. v.)
- Privilegium est beneficium personale, et extinguitur cum personadefined inBallentine's (1916)Black's (1910)
3 Bulst. 8L A privilege is a personal benefit, and dies with the person.
2 Bulst. 189. Privilege is, as it were, a private law.
Privilege is of no force against the commonwealth. Even necessity does not excuse, where the act to be done is against the commonwealth. Bac. Max. p. 32, in reg. 5.
A qualified property in animals feræ natures; i. e., a privilege of hunting, taking, and killing them, in exclusion of others. 2 Bl. Comm. 394; 2 Steph. Comm. 9.
- Privitydefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
The term "privity" means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the heir with the ancestor, the assignee wi
- Privydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A person who is in privity with another. See Privies; Privity. As an adjective, the word has practically the same meaning as "private." —Privy council. In English law. The principa
- Privy councildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The principal council of the sovereign, composed of the cabinet ministers, and other persons chosen by the king or queen as privy councillors. 2 Steph. Comm. 479, 4
A member of the privy council.
In English law. The income set apart for the sovereign's personal use.
In English law. A seal used in making out grants or letters patent, preparatory to their passing under the great seal. 2 Bl. Comm. 347.
In English law. The signet or seal which is first used in making out grants and letters patent, and which is always in the custody of the principal secretary of state. 2 Bl. Comm.
A false mark or sign, forged object, counterfeited letter, key, ring, etc., used to deceive persons, and therebv fraudulently get possession of property. St. 33 Hen. VIII. c. 1. A
In, practice. A verdict given privily to the judge out of court, but which was of no force unless afterwards affirmed by a public verdict given openiv in court. 3 Bl. Comm. 377. Kr
- Prizedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In admiralty law. A vessel or cargo, belonging to one of two belligerent powers, apprehended or forcibly captured at sea by a war-vessel or privateer of the other belligerent, and
Courts having jurisdiction to adjudicate upon captures made at sea in time of war, and to condemn the captured property as prize if lawfully subject to that sentence. In England, t
Goods which are taken on the high seas, jure belli, out of the bands of the enemy. The Adeline, 9 Cranch, 244, 284, 3 In Ed. 719.
'The system of laws and rules applicable to the capture of prize at sea; its condemnation, rights of the captors, distribution of the proceeds, etc. The Buena Ventura (D. Ct) 87 Fe
In old English law. A preparatory oath.
Lat. In Roman law. A payment in advance of the whole or part of the share which a given heir would be entitled to receive out of an inheritance; corresponding generally to "advance
In English law. The name of an offense against the king and his government, though not subject to capital punishment. So called from the words of the writ which issued preparatory
Lat. Forename or first name. The first of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as "A
- Prodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
For; in respect of; on account of; in behalf of. The introductory word of many Latin phrases.
Lat. In the civll law. A great paternal aunt; the sister of one's grandfather.
Lat. In the Civll law. A great-great-aunt.
For and against. A phrase descriptive of the presentation of arguments or evidence on both sides of a disputed question.
Cat In the civll law. A great-grandmother. Inst 3, 6, 3; Dig. 38, 10, 1, 5.
Lat In the civll law. A great-grandfather's brother. Inst. 3, 6, 3; Bract fol. 68b.
Lat. In the civil law. A great-grandfather. Inst. 3, 6, 1; Bract, fola. 67, 68.
Likelihood; appearance of truth; verisimilitude. The likelihood of a proposition or hypothesis being true, from its conformity to reason or experience or from superior evidence or
Having the appearance of truth ; having the character of probability; appearing to be founded in reason or experience. Bain v. State, 74 Ala. 39; Sinte v. Thiele, 119 Iowa, 659, 94
- Probable causedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Abbott (1879)
"Probable cause" may be defined to be an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient and proper,) wh
Presumptive evidence is so calied, from its foundation in probability.
In the law of evidence. Reasoning founded on the probability of the fact or proposition sought to be proved or shown ; reasoning in which the mind exercises a discretion in deducin
The necessity of proving lies with him who snes. Inst. 2, 20, A. In other words, the burden of proof of a proposition is upon him who advances it affirmatively.
In Saxon law. To Claim a thing as one's own. Jacob. In modern law language. To make proof, as in the term "onus probandi," the burden or duty of making proof.
- Probatedefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
The act or process of proving a will. The proof before an ordinary, surrogate, register or other duly authorized person that a document produced before him for official recognition
One required by law to be given to the probate court or judge, as incidental to proceedings in such courts, such as the bonds of executors, administrators, and guardians. See Thoma
The body or system of law relating to all matters of which probate couris have jurisdiction. Johnson v. Harrison, 47 Minn. 575, 50 N. W. 923, 28 Am. St. Rep. 382.
See Court of Probate.
That division of the English high court of justice which exercises jurisdiction in matters formerly within the exclusive cognizance of the court of probate, the court for divorce a
A tax laid by government on every will admitted to probate, and payable out of the decedent's estate.
See HOMESTEAD.
Such jurisdiction as ordinarily pertains to probate, orphans', or surrogates' courts, including the establishment of wills, the administration of estates, the supervising of the gu
The judge of a court of probate.
Lab Proof; more partich-larly direct, as distinguished from indirect or circumstantial evidence, —Probatio mortua. Dead proof; that is proof by inanimate objects, such as deeds or
Dead proof; that is proof by inanimate objects, such as deeds or other written evidence.
- Probationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
The act of proving; evidence ; proof. Also trial; test; the time of novitiate. Used in the latter sense in the monastic orders. In modern criminni administration, allowing a person
One who is upon trial. A convicted offender who is aliowed to go at large, under suspension of sentence, during good behavior.
Co. Litt. 283. Proofs ought to be evident, to-wit, perspicuous and easily understood.
In the civil law. Full proof; proof by two witnesses, or a public instrument Hailifax, Civil Law, b. 3, c. 9, no. 25; 3 Bl. Comm. 370.
In the civil law. Halffull proof; half-proof. Proof by one witness, or a private instrument. Hailifax, Civil Law, b. 3, c. 9, no. 25; 3 Bl. Comm. 370.
Living proof; that is, proof by the mouth of living witnesses.
The extremes being proved, the intermediate proceedings are presumed. 1 GreenL Ev. § 20.
In the law of evidence. Having the effect of proof; tending to prove or actually proving. —Probative fact. In the law of evidence. A fact which actually has the effect of proving a
In the law of evidence. A fact which actually has the effect of proving a fact sought; an evidentiary fact. 1 Benth. Ev. 18.
- Probatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In old English law. Strictly, an accomplice in felony who to save himself confessed the fact, and charged or accused any other as principal or accessory, against whom he was bound
This name is given, in the practice of the English admiralty courts, to the space of time allowed for the taking of testimony in an action, after issue formed.
Lat It is tried or proved.
For good and ill; for advantage and detriment
For the publlc good; for the welfare of the whole.
Lat. A good and lawful man. A phrase particularly applied to a juror or witness who was free from all exception. 3 Bl. Comm. 102.
- Procedendodefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In practice. A writ by which a cause which has bcen removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in
If one pray in nid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay un
- Proceduredefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
This word is commonly opposed to the sum of legal principles constituting the substance of the law, and denotes the body of rules, whether of practice or ot pleading, whereby right
A stipulation not to proceed against a party is an agreement not to sue. To sue a man is to proceed against him. Planters' Bank v. Houser, 57 Ga. 140; Iliff v. Weymouth, 40 Ohio St
- Proceedingdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In a general sense, the form and manner of conducting juridical business before a court or judicial officer; regular and orderly progress in form of law ; including all possible st
In practice. The steps or measures taken in the course of an action, including all that are token. The proceedings of a suit embrace all matters that occur in its progress judicial
- Proceedsdefined inCase LawU.S. CodeCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Issues; produce; money obtained by the sale of property; the sum, amount,1 or value of property sold or converted into money or into other property. See Hunt v. Williams, 126 Ind.
Nobles; lords. The house of lords in England is called, in Latin, "Domus Procerum