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
As undefended; as making no defense. A phrase in old practice. Fleta, llb. 1, e, 41, § 7.
As undivided; in common. The joint occupation or possession of lands. Thus, lands held by coparceners are held pro indiviso; that is, they are held undividedly, neither party being
For his own interest; according to, or to the extent of, his individual interest. Used (in practice) to describe the intervention of a party who comes into a suit for the purpose o
According to his interest; to the extent of his interest. Thus, a third party may be allowed to intervene in a suit pro interesse suo.
Lat. In old English law. A throwing np of earth by the sea.
Fr. In international law. The draft of a proposed treaty or convention.
As a legacy; by the title of a legacy. A species of usucaption. Dig. 41, 8.
- Prolem ante matrimonium natam, ita nt post legitimam, lex civilis succedere facit in hæreditate parentum; sed prolem, quam matrimonium non parit, succedere non siuit lex Anglorumdefined inBlack's (1910)
Fortesc. c. 39. The civil law permits the offspring born before marriage [provided such offspring be afterwards legitimized] to be the heirs of their parents; but the law of the En
Lat. Offspring; progeny ; the issue of a lawful marriage.
The offspring follows the condition of the father. Lynch v. Clarke, 1 Sandf. Ch. (N. Y.) 583, 660.
The class of proletarii; the lowest stratum of the people of a country, consisting mainly of the waste of other classes or of those fractions of the population who, by their isolat
Lat. In Roman law. A person of poor or mean condition; those among the common people whose fortunes were below a certain valuation; those who were so poor that they could not serve
In medical jurisprudence. A word used to designate the destruction of the human offspring. Jurists divide the subject into foeticide or the destruction of the fœtus in utero, and i
The unnecessary and superfluous statement of facts in pleading or in evidence. This will be rejected as impertinent. 7 Price, 278, note.
In ecclesiastical law. The president or chairman of a convocation.
Time added to the duration of something; an extension of the time limited for the performance of an agreement. A prolongation of time accorded to the principal debtor will discharg
For breach or faith. 3 Bl. Comm. 52.
In Roman law. A name given to students of law in the fifth year of their course; as being in advance of the Lytæ or students of the fourth year. Calvin.
For greater caution; by way of additional security. Usually applied to some act done or some clause inserted in an instrument, which may not be really necessary, but which will ser
Lat In the civil law. A great maternal aunt; the sister of one's grandmother. —Promatertera magna. Lat. In the civil law. A great-great-aunt.
Lat. In the civil law. A great-great-aunt.
- Promisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A declaration, verbal or written, made by one person to another for a good or valuable consideration in the nature of a covenant by which the promisor binds himself to do or forbea
One to whom a promise has been made.
A contract mutually entered into by a man and a woman that they will marry each other.
One who makes a promise.
Lat. In the civil law. A promiser; properly the party who undertook to do a thing in answer to the interrogation of the other party, who was called the "stipulator."
Containing or consisting of a promise; in the nature of a promise; stipulating or engaging for a future act or course of conduct. —Promissory note. A promise or engagement, in writ
- Promissory notedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A promise or engagement, in writing, to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer. Byles, Bill
Oaths which bind the party to observe a certain course of conduct, or to fulfill certain duties, in the future, or to demean himself thereafter in a stated manner with reference to
A term used chiefly in insurance, and meaning a representation made by the assured concerning what is to happen during the term of the insurance, stated as a matter of expectation
A term used chiefly in the law of insurance, and meaning a warranty which requires the performance or omission of certain things or the existence of certain facte after the beginni
In the law relating to corporations, those persons are called the "promoters" of a company who first associate themselves together for the purpose of organizing the company, issuin
A plaintiff in a suit of duplex querela, (q. v.) 2 Prob. Div. 192.
Lat In Roman law. To make public; to make publicly known; to promulgate. To publish or make known a law, after its enactment.
To publish; to announce officially; to make public as important or obligatory. See Wooden v. Western New York & P. R. Co.. (Super. Ct.) 18 N. Y. Supp. 769.
The order given to cause a law to be executed, and to make it public; it differs from publication. 1 Bl. Comm. 45.
Lat. In the civil law. A quasi contract, by which he who receives a certain sum of money or a certain quantity of fungible things, which have been paid to him through mistake, cont
Lat. In the civil law. A great-grandson. Inst. 3, 6, 1; Bract, fol. 67
Lat In the civll law. A great-granddanghter. Inst 3, 6, 1; Bract fol. 67.
As not written; as though it had not been written; as never written. Ambl. 139.
First notary. See PaoTHONOTARY.
To utter formally, officially, and solemnly; to declare aloud and in a formal manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford, 36
In Fr. A sentence or decree. Kelham.
Lat In the civll law. The wife of a grandson or great-grandson. Dig. 38, 10, 4, 6.
- Proofdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
Proof, in civil process, is a sufficient reason for the truth of a juridical proposition by which a party seeks either to maintain his own claim or to defeat the claim of another.
In Scotch law, dispensing with positive testimony as to matters of common knowledge or general notoriety, the same as the "judicial notice" of English and American law. See Notice.
The formal establishment by a creditor of his debt or claim, in some prescribed manner. (as, by his affidavit or otherwise,) as a preliminary to its allowance, along with others, a
A term having the same meaning as "probate," (q. v.,) and used interchangeably with it.
For work and labor. 1 Comyns, 18.
An ancient writ for partition of lands between co-heirs. Reg. Orig. 316.
Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract fol. 68b. —Propatruus magnus. In the civil law. A great-great-uncle.
In the civil law. A great-great-uncle.
That which Is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hepburn, 2 Duv. (Ky.) 20; Westfield v. Warren, 8 N. J. Law, 251. Peculi
In feudal law, the original and genuine feuds held by purely military service.
A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without
- Propertydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Bouvier (1839)
Rightful dominion over external objects; ownership; the unrestricted and exclusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess
In English law, this is understood to be an income tax payable in respect to landed property. In America, it is a tax imposed on property, whether real or personui, as distinguishe
Lat. The nearest of kin to a deceased person.
Co.. Litt 10. He who is nearer excludes him who is near; he who is near, him who is remote; he who is remote, him who is remoter.
Kindred; parentage,
Lat. In the civil law. The sen or daughter of a great-uncle or great-aunt, paternal or maternal. Inst. 3, 6, 3.
In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America as the unalienable property of the town, for the purpose of erecting pub
In Scotch law. To sinte. To propone a defense is to state or move it. 1 Kames, Eq. pref. In ecclesiastical and probate law. To bring forward for adjudication; to exhibit as basis o
- Proponentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The propounder of a thing. Thus, the proponent of a will is the party who offers it for probate, (q. v.)
In old records. Purport; intention or meaning. Cowell.
- Proposaldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
An offer; something proffered. An offer, by one person to another, of terms and conditions with reference to some work or undertaking or for the transfer of property, the acceptanc
An indefinite proposition is equivalent to a general one.
A single logical sentence; also an offer to do a thing. See Perry v. Dwelling House Ins. Co., 67 N. H. 291, 33 Atl. 731, 68 Am. St. Rep. 668; Htibbard v. Woodsum, 87 Me. 88, 32 Atl
Lat. The person proposed; the person from whom a descent is traced.
As a possessor; by title of a possessor. Dig. 41, 5. See Id. 5, 3, 13.
He is esteemed a possessor whose possession has been disturbed by fraud or injury. Off. Exec. 166.
To the extent of his power or ability. Bract, fol. 109.
- Propounddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
An executor or other person is said to propound a will or other testamentary paper when he takes proceedings for obtaining probate in solemn form. The term is also technically used
In French law. The term "propres" or "Mens propres" (as distinguished from "acquets") denotes all property inherited by a person, whether by devlse or ab intestato, from his direct
See In Propria Persona.
In Spanish law. Property. White, New Recop. b. 1, tit. 7, c. 5, § 2.
- Proprietarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
adj. Relating or pertaining to ownership, belonging or pertaining to a single individual owner. —Proprietary articles. Goods manufactured under some exclusive individual right to m
Goods manufactured under some exclusive individual right to make and sell them. The term is chiefly used in the internal revenue laws of the United States. See Ferguson v. Arthur,
See Chapel.
In English law. Those belonging to private persons who have purchased or erected them with a view to profit or otherwise.
This expression is used by Blaekstone to denote governments granted out by the crown to individuals, in the nature of feudatory principalities, with inferior regalities and subordi
Those rights which an owner of property has by virtue of his ownership. When proprietary rights are opposed to acquired rights, such as easements, franchises, etc., they are more o
In Scotch law, a naked, dry, or passive trust. See supra.
Lat. In the civil and old English law. Property; that which is one's own; ownership. Proprietas plena, full property, including not only the title, but the usufruct or exclusive ri
The property of the whole ship follows the condition of the keel. Dig. 6, 1, 61. If a man builds a vessel from the very keel with the materials of another, the vessel belongs to th
Jenk. Cent. 16. Propriety of words is the salvation of property.
A writ addressed to a sheriff to try by an inquest in whom certain property, previous to distress, subslsted. Finch, Law, 316.
The proprieties of words [proper meanings of words] are to be preserved or adhered to Jenk. Cent p. 136, case 78.
The French law term corresponding to our "property," or the right of enjoying and of disposing of things in the most absolute manner, subject only to the laws. Brown.
- Proprietordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
This term is almost synonymous with "owner," (q. v.,) as in the phrase "riparian proprietor." A person entitled to a trade-mark or a design under the acts for the registration or p
In Massachusetts colonial ordinance of 1741 is nearly, if not precisely, equivalent to property. Com. v. Alger, 7 Cash.' (Mass.) 53, 70. In old English law. Property. "Propriety in
In Spanish and Mexican law. Productive lands, the usufruct of which had bcen set apart to the several municipalities for the purpose of defraying the charges of their respective go
Lat. By its own force; by its intrinsic meaning.
For; on account of. The initial word of several Latin phrases. —Propter affectum. For or on account ol some affection or prejudice. The name of a species of challenge, (q. v.) —Pro
For or on account ol some affection or prejudice. The name of a species of challenge, (q. v.)
On account of or for some defect. The name of a species of challenge, (q. v.)
For or on account of crime. The name of a species of challenge, (q. v.)
On account of respect of honor or rank. See Challenge.
On account of helplessness. The term describes one of the grounds of a qualified property in wild animals, consisting in the fact of their inability to escape; as is the case with
On account of privilege. The term describes one of the grounds of a qualified property in wild animals, consisting in the special privilege of hunting, taking and killing them, in