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
Co. Litt 6b. Strong presumption is full proof.
Strong presumption is of weight in law. Jenk. Cent. p. 56, case 3.
Lat. A passing over or omission. Used in the Roman law to describe the act of a testator in excluding a given heir from the inheritance by silently passing him by, that is, neither
Lat. A pretext; a pretense or color. Prœtextu cujus, by pretense or under pretext whereof. 1 Ld. Raym. 412.
Lat In Roman law. A municipal officer of the city of Rome, being the chief Judicial magistrate, and possessing an extensive equitable jurisdiction. --Prætor fidei-commissarins. In
Carefulness, precaution, attentiveness, and good judgment, as applied to action or conduct. That degree ot care required by the exigencies or circumstances under which it is to be
5 Coke, 49. He acts prudently who obeys the command of the law.
Lat. In the civil law. One who betrays his trust or is unfaithful to his trust Ah advocate who aids the opposite party by betraying his client's cause. Dig. 47, 15, 1.
In old Scotch practice. A form of action known in the forms of the court of session, by which a delay to discuss a suspension or advocation was got the better of. Bell.
A kind of service of tenure. Blount says it signifies an old-fashioned spur with one point only, which the tenant, holding land by this tenure, was to find for the king. Wharton.
An abbreviation for "Public Statutes ;" also for "postscript"
In medical jurisprudence. A frequent manifestation of hysteria in women, in which the abdomen is inflated, simulating pregnancy; the patient aiding in the deception.
In medical jurisprudence. A method of investigating the origin and cause of any given disease or morbid condition by examination of the mental condition of the patient, the applica
In the law of evidence. A fact which can only be perceived mentally; such as the motive by which a person is actuated. Burrill, Circ. Ev. 130, 131.
Mental disease without recognizable anatomical lesion, and without evidence and history of preceding chronic mental degeneration. Under this head come melancholia, mania, primary a
A method or system of alleviating or curing certain forms of disease, particularly diseases of the nervous system or such as are traceable to nervous disorders, by suggestion, pers
In medical jurisprudence. Alkaloidal products of the decomposition or putrefaction of albuminous substances, as, in animal and vegetable tissues. These are sometimes poisonous, but
- Pubertydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The age of fourteen in males and twelve in females, when they are held fit for, and capable of contracting, marriage. Otherwise called the "age of consent to marriage." 1 Bl. Comm.
- Publicdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
Pertaining to a state, nation or whole community; proceeding from, relating to or affecting the whole body of people or an entire community. Open to all; notorious. Common to all o
The accounts kept by officers of the nation, state, or kingdom, 01 the receipt and expenditure of the revenues of the government.
A universal rule or law that regards the whole community, and of which the courts of law are bound to take notice judicially and ex officio without its being particularly pleaded.
An agent of the public, the state, or the government; a person appointed to act for the Dublic in some matter pertaining to the administration of government or the public business.
In the civil law. A farmer of the public revenue; one who held a lease of some property from the public treasury. Dig. 39, 4, 1, 1; Id. 39, 4, 12, 3 ; Id. 39, 4, 13. In English law
A public ferry is one to which ali the public have the right to resort, for which a regular fare is established, and the ferryman is a common carrier, bound to take over ali who ap
Lab In Roman law. A farmer of the customs; a publican. Calvin.
Public offices or stations which are to be filled by the appointment of individuals, under authority of law, instead of by election.
- Publicationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
1. The act of publishing anything or making it public; offering it to publlc notice, or rendering it accessible to public scrutiny. 2. As descriptive of the publishing of laws and
This name is sometimes given to an attorney at law, as distinguished from a private attorney, or attorney in fact
A sale of property at auction, where any and nil persons who choose are permitted to attend and offer bids. Though this phrase is frequently used, it is doubtful whether the word "
A blockade which is not only established in fact, but is notified, by the government directing it, to other governments ; as distinguished from a simple blockade, which may be esta
One of bliich the possession and use, as weli as the property in it, are in the public. Pancoast v. Troth, 34 N. J. Law, 383.
A natural boundary; a natural object or landmark used as a boundary of a tract of land, or as a beginning point for a boundary line.
In English law, are chapels founded at some period later than the church itself. They were designed for the accommodation of such of the parishioners as in course of time had begun
In this phrase the word "public" is used, not in the sense that it must be executed openly and in public, but in the sense of being so general and indefinite in its objects as to b
In English law. A business corporation; a society of persons joined together for carrying on some commercial or industrial undertaking.
That which is due or owing by the government of a state or nation. The terms "public debt" and "public securities," used in legislation, are terms generally applied to national or
A state paper, or other instrument of public importance or interest, issued or published by authority of congress or a state legislature. Also any document or record, evidencing or
This term embraces all lands, the title to which is in the United States, including as well land occupied for the purposes of federal buildings, arsenals, dock-yards, etc., as land
A nation at war with the United States; also every citizen or subject of such nation. Not including robbers, thieves, private depredators, or riotous mobs. State v. Moore, 74 Mo. 4
An untechnical name for (1) the revenue or money of a government, state, or municipal corporation; (2) the bonds, stocks, or other securities of a national or state government.
A grant from the public ; a grant of a power, license, privilege, or property, from the state or government to one or more individuals, contained in or shown by a record, conveyanc
A legal holiday.
An inn or tavern; a house for the entertainment of the public, or for the entertainment of all Who come lawfully and pay reguiarly. 3 Brewst 344. A place of public resort, particul
In the civil law. The name of an action introduced by the praetor Publicius, the object of which was to recover a thing which had bcen lost. Its effects were simllar to those of ou
Lat. Of public right. This term, as applied to a thing or right, means that it is open to or exercisable by all persons. When a thing is common property, se that any one can make u
This phrase has no fixed legal meaning, is vague and indefinite, and cannot, in itself, imply a definite offense. The courts, by a kind of judicial legislation, in England and the
One versed in. or writing upon, public law, the science and principles of government or international law.
- Public landsdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
The general public domain; unappropriated lands; lands belonging to the United States and which are subject to sale or other disposal under general laws, and not reserved or held b
That branch or department of law which is concerned with the state in its political or sovereign capacity, including constitutional and administrative law, and with the definition,
A market which is not only open to the resort of the genera] public as purchasers, but also available to all who wish to offer their wares for sale, stalls, stands, or places being
In international law. A general term comprehending all the higher classes of diplomatic representatives, —as ambassadors, envoys, residents, —but not including the commercial repre
This term, as used in the laws of the United States, includes all the funds of the general government derived from the public revenues, or intrusted to the fiscal officers. See Bra
Notice given to the public generally, or to the entire community, or to all whom it may concern. See Pennsylvania Training School v. Independent Mut. F. Ins. Co., 127 Pa. 559, 18 A
A public offense is an act or omission forbidden by law, and punishable as by law provided. Code Ala. 1886, § 3699. Ford v. State, 7 Ind. App. 567, 35 N. E. 34 ; State v. Cantieny,
A right, subsisting in the public, to pass over a body of water, whether the land under it be public or owned by a private person.
The peace or tranquilhty of the community in general; the good order and repose of the people composing a state or municipality. See Neu-endorff v. Duryea, 6 Daly (N. Y.) 280; Stat
A place to which the general public has a right to resort; not necessarily a place devoted solely to the uses of the public, but a place which is in point of fact public rather tha
The principles under which the freedom of contract or private dealings is restricted by law for the good of the community. Wharton. The term "policy," as applied to a statute, regu
In New England, a great pond; a pond covering a superficial area of more than ten acres. Brastow v. Rockport Ice Co., 77 Me. 100; West Roxbury v. Stoddard, 7 Allen (Mass.) 170.
such as is directly ordered by the legislature, or performed by the agents of the government authorized to procure it to be done. Ellis v. State, 4 Ind. 1.
An officer of government (such as a state's attorney or district attorney) whose function is the prosecution of criminal actions, or suite partaking of the nature of criminal actio
A Tecord, memorial of some act or transaction, written evidence of something done, or document, considered as either concerning or interesting the public, affording notice or infor
The revenue of the government of the state or nation ; sometimes, perhaps, that of a municipality.
A river where there is a common navigation exercised; otherwise called a "navigable river." 1 Crabb, Real Prop. p. Ill, § 106.
A highway; a road or way established and adopted (or accepted as a dedication) by the proper authorities for the use of the general public, and over which every person has a right
Schools established Under the laws of the state, (and usually regulated in matters of detail by the local authorities,) in the various districts, counties, or towns, maintained at
A seal belonging to and used by one of the bureaus or departments of government; for authenticating or attesting documents, process, or records. An impression made of some device,
Bonds, notes, certificates of indebtedness, and other negotiable or transferable instruments evidencing the public debt of a state or government.
A sale made in pursuance of a notice, by auction or public outcry. Robins v. Bellas, 4 Watts (Pa.) 258.
A statute enacting a universal rule which regains the whole community, as distinguished from one which concerns only particular individuals and affects only their private rights. S
A government warehouse, maintained for certain administrative purposes, such as the keeping of military supplies, the storing of imported goods under bands to pay duty, etc.
The old form by which charges in the allegations in the ecclesiastical courts were described at the end of each particular. —Public use, in constitutional provisions restricting th
Lat. In the civil law. Publlc law; that law which regards the state of the commonwealth. Inst. 1, 1, 4.
One owned and used by a nation or government for its public service, whether in its navy, its revenue service, or otherwise.
Such as are adapted for the purposes of navigation, or those to which the general public have a right of access, as distinguished from artificial lakes, ponds, and other bodies of
Highways, (q. v.)
The prosperity, well-being, or convenience of the public at large, or of a whole community, as distinguished from the advantage of an individual or limited class. See Shaver v. Sta
Works, whether of construction or adaptation, undertaken and carried out by the national, state, or municipal authorities, and designed to subserve some purpose of public necessity
This term may mean the worship of God, conducted and observed under public authority; or it may mean worship in an open or public place, without privacy or concealment; or it may m
Violations of public rights and duties which affect the whole community, considered as a community ; crimes and misdemeanors. 3 Bl. Comm. 2; 4 Bl. Comm. 1.
An officer of a public corporation ; that is, one holding office under the government of a municipality, state, or nation. In English law, an officer appointed by a joint-stock ban
In the law of taxation, eminent domain, etc., this ls a term of classification to distinguish the objects for which, according to settled usage, the government is to provide, from
A term applied in modern usage to the objects and enterprises of certain kinds of corporations, which specially serve the needs of the general public or conduce to the comfort and
The funded or bonded debt of a government or state. —Special stock of a corporation, in Massachusetts, is authorized by statute. It is limited in amount to two-fifths of the actual
A tax levied for some general public purpose or for the purposes of the genera] public revenue, as distinguished from local municipal taxes and assessments. Morgan v. Cree, 46 Vt.
One constituted for the benefit either of the public at large or of some considerable portion of it answering a particular description ; to this class belong all trusts for charita
A verdict openly delivered by the j'ury in court. Withee v. Rowe, 45 Me. 571.
- Publisherdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
One whose business is the manufacture, promulgation, and sale of books, pamphlets, magazines, newspapers or other literary productions,
Chastity; purity; continence.
In old English law. Supposed to be a corruption of the Saxon "ioud-geld," (woodgeld,) a freedom from payment of money for inking wood in any forest. Co. Litt. 233a.
- Pueblodefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
In Spanish law. People; all the inhabitants of any country or place, without distinction. A town, township or municipality. White, New Recop. b. 2, tit 1, c. 6, § 4. This term "pue
Lat In the civll law. A child; one of the age from seven to fourteen, including, in this sense, a girl. But it also meant a "boy," as distinguished from a "girl;" or a servant.
In the civil law.A condition intermediate betwcen infancy and puberty, continuing in boys from the seventh.to the fourteenth year of their age, and in girls from seven to twelve,
- Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine puerorumdefined inBallentine's (1916)Black's (1910)
3 Coke, 40. Children are of the blood of their parents, but the father and mother are not of the blood of the children.
Lat. In the civil law. Childhood; the age from seven to fourteen. 4 Bl. Comm. 22.
mental derangement occurring in women at the time of child-birth or immediately after; it is also calied "eclampsia parturiero tiiim." Defined under Insanity in Black's Law Diction
A person employed by the owner of property which is seld at auction to attend the sale and run up the prico by making spurious bids. See Peck v. List, 23 W. Va. 375, 48 Arn. Rep. 3
- Puisdefined inCyclopedic (1922)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
In law French. Afterwards; since. —Puis darrein continuance. Since the last continuance. The name of a plea which a defendant is allowed to put in. after having already pleaded, wh
Since the last continuance. The name of a plea which a defendant is allowed to put in. after having already pleaded, where some new matter of defense arises after issue joined; suc
L. Fr. Younger; subordinates associate. The title by which the justices and barons of the several common-law courts at Westminster are distinguished from the chief justice and chie