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
fir. Paternal power. In the French law, the male parent has the following rights over the person of his child: (1) If child is under sixteen years of age, he may procure him to . b
Lat. In the civll law. To beat; to accuse or charge; to proceed against at law. Calvin.
The plaintiff or actor.
The division of a written or printed document into sentences by means of periods; and of sentences into smaller divisions by means of commas, semicolons, colons, etc.
Lat A point of time; an indivisible period of time; the shortest space of time; an instant. Calvin.
In medical jurisprudence. A wound made by the insertion into the body of any instrument having a sharp point. The term is practically synonymous with "stab."
In old English law. Pound-breach; the offense of breaking a pound. The illegal taking of cattle out of a pound by any means whatsoever. Cowell.
An Interpreter of the Hindu law; a learned Brahmin.
Liable to punishment, whether absolutely or in the exercise of a judicial discretion.
- Punishmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In criminal law. Any pain, penalty, suffering or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense
Relating to punishment; having the character of punishment or penalty ; inflicting punishment or a penalty. —Punitive damages. See Damages. —Punitive power. The power and authority
- Punitive damagesdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
See Damages.
The power and authority of a state, or organized jural society, to inflict punishments upon those persons who have committed actions inherently evil and injurious to the public, or
In the civil law. One who la in his or her minority. Particularly, one who is in ward or guardianship.
Lat In the civit law. Pupillar substitution; the substitution of an heir to a pupil or ihfant under puberty. The substitution by a father of an heir to his children under his power
In Scotch law. That period of minority from the birth to the age of fourteen in males, and twelve in females. Bell.
Lat. In the civil law. A ward or infant under the age of puberty; a person under the authority of a tutor, (q. v.)
A pupil or infant is not supposed to be able to suffer, i. e., to do an act to his own prejudice. Dig. 5o, 17, 110, 2.
- Purdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
L. Fr. By or for. Used both as a separable particle, and in the composition of such words as "purparty," "purlieu." —Pur autre vie. For (or during) the life of another. An estate p
For (or during) the life of another. An estate pur autre vie is an estate which endures only for the life of some particular person other than the grantee.
By reason of neighborhood. See Common.
- Purchasedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The word "purchase" is used in law in contradistinction to "descent," and means any other mode of acquiring real property than by the common course of inheritance. But it is also m
The consideration in money paid or agreed to be paid by the buyer to the seller of property, particularly of land. Purcbase money means money stipulated to be paid by a purchaser t
See Mortgage.
One who acquires reni property in any other mode than by descent. One who acquires either real or personal property by buying it for a price in money; a buyer; vendee. In the const
The person who buys a promissory note or bili of exchange from the holder without his indorsement. Purchaser without notice is not obliged to discover to bis own hurt. See 4 Bouv.
Absolute; complete; simple; unmixed ; unqualified; free from conditions or restrictions; as in the phrases pure charity, pure debt, pure obligation, pure plea, pure villenage, as t
In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a future debt, —payable at a fixed day in the future, —and a contingent debt, which wi
One which is not suspended by any condition, whether it has been contracted without any condition. or, when thus contracted, the condition has been accomplished. Poth. Obi. no. 176
In equity pleading. One which relies wholly on some matter outside those referred to in the bili; as a plea of a release on a settled account.
A base tenure, where a man holds upon terms of doing whatsoever is commanded of him, nor knows in the evening what is to be done in the morning, and is always bound to an uncertain
The act of cleansing or exonerating one's self of a crime, accusation or suspicion of guilt, by denying the charge on oath or by ordeal. Canonical purgation was made by the party's
An oath by which a person purges or clears himself from presumptions, charges, or suspicions standing against him, or from a contempt.
To cleanse; to clear; to clear or exonerate from some charge or imputation of guilt or from a contempt. —Purged of partial counsel. In Scotch practice. Cleared of having been parti
Fr. In French law. An expression used to describe the act of freeing an estate from the mortgages and privileges with which it is charged, observing the formalities prescribed by l
In Scotch practice. Cleared of having been partially advised. A term applied to the preliminary examination of a witness, in which he is sworn and examined whether he has received
like the ratification of a wrongful act by a person who has power of himself to lawfully do the act. But, unlike ratification, the purging of the tort may take place even after com
Atoning foe, or clearing one's self from, contempt of court, (q. v.) It is generally done by apologizing and paying fees, and is generally admitted after a moderate time in proport
- Purlieudefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In English law. A space of land near a royal forest, which, being severed from It, was made purlieu; that is, pure or free from the forest laws. -Purlieu-men. Those who have ground
To steal; to commit larceny or theft. McCann v. U. S., 2 Wyo. 298.
A share; a part in a division ; that part of an estate, formerly held in common, which ls by partition allotted to any one of the parties. The word was anciently applied to the sha
- Purportdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Meaning; import; substantial meaning; substance. The "purport" of an Instrument means the substance of it as it appears on the face of the instrument, and is distinguished from "te
- Purpresturedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
A purpresture may be defined as an inclosure by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the publlc at large. It is not
L. Fr. A close or inclosure ; as also the whole compass of a manor.
A term used in heraldry; the color commonly called "purple," expressed in engravings by llnes in bend sinister. In the arms of princes it was formerly called "mercury," and in thos
A purse, prize or premium ls ordinarily some valuable thing, offered by a person for the doing of something by others, into strife for which he does not enter. He has not a chance
The person appointed by the master of a ship or vessel, whose duty it is to take care of the ship's books, in which every thing on bbard is inserted, as well the names of mariners
To follow a matter judicially, as a complaining party. To pursue a warrant or authority, in the aid books, is'to execute it or carry it out. Co.. Litt. 52a.
- Pursuerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The name by which the complainant or plaintiff is known in the ecclesiastical courts, and in the Scotch law.
As used in constitutional law, this right includes personal freedom, freedom of contract, exemption from oppression or invidious discrimination, the right to follow one's individua
Forasmuch as; because; to the intent that. Kelham.
Lat A congenital idiot
In old English law. A providing of necessaries for the king's house. Cowell.
In old English law. An officer who procured or purchased articles needed for the king's use at an arbitrary price. In the statute 36 Edw. III. c. 2, this is called a "heignous nome
- Purviewdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
That part of a statute commencing with the words "Be it enacted," and continuing as far as the repealing clause; and hence, the design, contemplation, purpose or scope of the act S
- Putdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
In pleading. To confide to; to rely upon; to submit to. As in the phrase, "the said defendant puts himself upon the country;" that is, he trusts his case to the arbitrament of a ju
1 Reeve, Eng. Law, c. 3, p. 117. Incontinence does not take away an inheritance.
- Putativedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Reputed; supposed; commonly esteemed. Applied in Scotch law to creditors and proprietors. 2 Kames, Eq. 105, 107, 109. —Putative father. The alleged or reputed father of an illegiti
The alleged or reputed father of an illegitimate child. State v. Nest-aval, 72 Minn. 415, 75 N. W. 725.
A marriage contracted in good faith and in ignorance (on one or both sides) that impediments exist which render it uniawful. See Mackeld. Rom. Law, § 556. See In re Hall, 61 App. D
In practice. To place in due form before a court; to place among the records of a court.
To open. To put out lights; to open or cut windows. 11 East, 372.
A "put" in the language of the grain or stock market is a privilege of delivering or not delivering the subject-matter of the sale; and a "call" is a privilege of calling or not ca
In English law. Time-bargains or contracts for the sale of supposed stock on a future day.
These words are used in the definition of a robbery from the person. The offense must have been committed by putting in fear the person robbed. 3 Inst. 68; 4 Bl. Comm. 243.
As applied to a bond or any other legal instrument, signifies bringing an action upon it or making it the subject of an action.
In old English law. A custom claimed by keepers in forests, and sometimes by bailiffs of hundreds, to take man's meat, horse's meat, and dog's meat of the tenants and inhabitants w
In Hindu law. A foot-passenger; a person employed as a night-watch in a village, and as a runner or messenger on the business of the revenue. Wharton.
In old Scotch law. Petty theft 2 Pitc. Crim. Tr. 48.
See Insanitt.
An abbreviation of "Queen's Bench."
An abbreviation of "Queen's Bench Division."
An abbreviation of "Queen's Counsel.
An abbreviation of "quare clausum fregit," (q. v.)
An abbrevlation of "quare exe-cu(ionem non," wherefore execution [shouid] not [be issued.]
An abbreviation for "Quarter Sessions,"
An abbreviation of "qui tam,"
- Quadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
Lat. Considered as; in the character or capacity of. For example, "the trustee qua trustee [that is, in his character as trustee] is not liable," etc.
2 Burrows, 693. Things which are token from enemies immediately become the property of the captors.
- Quæ ab initio inutilis fnit institutio, ex post facto convalescere non potestdefined inBlack's (1910)
An institution which was at the beginning of no use or force cannot acquire force from after matter. Dig. 50, 17, 210.
- Quæ accessionum locum obtinent, extingnuntur cum principales res perempta fuerintdefined inBlack's (1910)
Things which hold the place of accessaries are extinguished when the principal things are destroyed. 2 Poth. Obi. 202; Broom, Max. 496.
A pretender to medical skill which he does not possess; one who practices as a physiclan or surgeon without adequate preparation or due qualification. See El-mergreen v. Horn, 115
Lat. Whichever way you take it.
Lat. The fortieth. The first Sunday in Lent is so called because it is about the fortieth day before Easter. Cowell.
Offerings formerly made, on Mid-Lent Sunday, to the mother church.
The third volume of the year books of the reign of Edward III. So called because beginning with the fortieth year of that sovereign's reign. Crabb, Eng. Law, 327.
Lat. In Roman law. The fourth part; the quarter of any number, measure, or quantity. Hence an heir to the fourth part of the inheritance was called "hæres ex quadrante." Also a Rom
An angular measure of ninety degrees.
In old English law. A measure of land, variously described as a quarter of an acre or the fourth part of a yard-land.
In old records. A stone-pit or quarry. Cowell.
Lat. In the civil law. The four-years course of study required to be pursued by law-students before they were qualified to study the Code or collection of imperial constitutions. S
In Scotch law. The term of four years allowed to a minor, after his majority, in which he may by suit or action endeavor to annul any deed to his prejudice, granted during his mino
Divided into four parts. A term applied in conveyancing to an indenture executed in four parts.
- Quadroondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A person who is descended from a white person and another person who has an equal mixture of the European and African blood. State v. Davis, 2 Bailey (S. Ct) 558.
Lat. In Roman law. Informers who, if their ihformatiou were followed by conviction, had the fourth part of the confiscated goods for their trouble,
Lat. In the civll law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant Inst. 4, 14, 3; 3 Bl. Com
4 Coke, 14. Those words which are spoken to one end ought not to be perverted to another.
Things invalid from the beginning cannot be made valld by subsequent act. Tray. Lat Max. 482.
Things which cohere to or are closely connected with, the person, cannot be separated from the person. Jenin Cant. p. 28, case 53.
[Statutes] which derogate from the common law are strictly interpreted. Jenk. Cent. p. 221, case 72.