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
Those who are bom of an unlawful intercourse are not reckoned among the children. Co. 'Litt. 8a; Broom, Max. 519.
- Qui facit per alium facit per sedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)
He who acts through another acts himself, [i. e., the acts of an agent are the acts of the principal.] Broom, Max. 818, et seq.; 1 BL Comm. 429; Story, Ag. § 440.
He who has jurisdiction to loosen, has jurisdiction to bind. 12 Coke, 60. Applied to writs of prohibition and consultation, as resting on a similar foundation. Id.
He who considers merely the letter of an instrument goes but skin dcep into its meaning. Co.. Litt 289; Broom, Max. 685.
- Qui ignorat quantum solvere debeat, non potest improbus videredefined inBallentine's (1916)Black's (1910)
He who does not know what he ought to pay, does not want probity in not paying. Dig. 50, 17, 99.
He who succeeds to the right or property of another ought to use his right, [i. e., holds it subject to the same rights and liabilities as attached to it In the hands of the assign
He who is in the womb is held as already barn, whenever a question arises for his benefit.
He who uses his legal rights harms do one. Carson v. Western R. Co.., 8 Gray (Mass.) 424. See Broom, Max. 379.
- Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse estdefined inBallentine's (1916)Black's (1910)
Where a person does an act by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden
Every one may renounce or relinquish a right introduced for his own benefit 2 Inst 183 ; Wing. Max. p. 483, max. '123; 4 Bl. Comm. 317.
In French marine law. Keel; the keel of a vessel. Ord. Mar. llv. 3, tit. 6, art. 8.
He Who acts badly hates the light 7 Coke, 66.
He who commands [a thing to be done] is held to have done it himself. Story, Bailm. § 147.
He who proves most recovers most. 9 Vin. Abr. 235.
- Qui molitur insidias in patriam id facit quod insanus nanta perforans navem in qua vehiturdefined inBlack's (1910)
He who betrays his country is llke the insane sallor who bores a hole in the ship which carries hiin. 3 Inst 36.
Things which are done incontinently [or simultaneously with an act] are supposed to be inherent [in it; to be a constituent part of it] Co. Litt. 236b.
3 Bulst. 43. Things done in the king's court are presumed to be rightly done.
He who has not, gives not. He who has nothing to give, gives nothing. A person cannot convey a right that is not in him. If a man grant that which is not his, the grant is void. Sh
He who cannot pay with his purse must suffer in his ' person, lest he who offends should go unpunished. 2 Inst. 173; 4 Bl. Cornua. 20.
Hob. 336. He who has not the power of alienating is obliged to retain.
7 Coke, 27. Those fears are to be esteemed vain which do not affect a firm man.
3 Inst. 27. He who does not blame, approves.
He who does not freely speak the truth is a betrayer of the truth. '
He who does not deny, admits. A well-known rule of pleading. Tray. Lat. Max. 503.
He who does not prevent [a thing] which he can prevent, is considered to do [as doing] it. 2 Inst 146.
Jenk. Cent. 271. He who does not repel an injury when he can, induces it.
Co.nsisting of five parts; divided into five parte,
In old English law. The Cinque Porte. Spelman.
Fifteenths ; also the fifteenth day after a festival. 13 Edw. I. See Cowell.
A weight of one hundred pounds. Cowell.
A term used in the West Indies to designate a person one of whose parents was a white person and the other a quadroon. Aiso spelled "qulntroon." See Daniel v. Guy, 19 Ark. 131.
- Quæ in testamento ita snnt scripta ut intelligi non possint, perinde snnt ac si scripta non essentdefined inBlack's (1910)
Things which are so written in a will that they cannot be understood, are the same as lf they had not been written at all. Dig. 50, 17, 73, 3.
In old practice. Called or exacted the fifth time. A return made by the sheriff, after a defendant had bcen proclaimed, required or exacted in five county courts successively, and
He who obstructs a way, passage or entrance destroys a benefit or convenience, Co. Litt 161a. He who prevents another from entering upon land destroys the benefit which he has from
4 Inst. 8L He who says all excludes nothing.
The disposition of the law is more equitable than that of man. 8 Coke, 152.
Jenk. Cent. 133. He who spares the guilty punishes the innocent
He who sins when drunk shall be punished when sober. Cary, 133; Broom, Man. 17.
He who does a thing by an agent is considered as doing it himself. Ch Litt. 258; Broom, Max. 817.
2 Rolle, 17. What a man does fraudulently he does in vain.
He who can and ought to forbid a thing [lf he do not forbid it] directs it 2 Kent, Comin. 483, note,
Godb. He who sins first makes the strife.
He who is before in time is the better in right. Priority in time gives preference in law. Co.. Litt. 14a; 4 Coke, 90a. A maxim of very extensive appllcation, both at law and in eq
2 Inst. 501. He who does anything for me appears to do it to me.
He who provides for himself provides for his heirs.
2 Inst. 308. He who does not forbid what he is able to prevent, is considered to assent.
They who seek a reason for everything subvert reason. 2 Coke, 75; Broom, Max. 157.
In English law. A record in the exchequer, showing the tenures for guarding and repairing Dover Castle, and determining the services of the Cinque Porte. 3 How. Sinte Tr. 868.
In Roman law. Ownership held by a title recognized by the municipal law, in an object alao recognized by that law, and in the strict character of a Roman citizen. "Roman law origin
One who knowingly pays what is not due is supposed to have done it with the intention of making a gift Walker v. Hill, 17 Mass. 388.
He who has once relinquished his action cannot bring it agaim 8 Coke, 59a. A ruie descriptive of the effect of a retraxit and nolle prosequi.
He who is once criminal is presumed to be always criminni in the same kind or way. Cro. Car. 317; Best, Ev. 345.
He who receives the advantage ought also to suffer the burden. 1 Coke, 99; Broom, Max. 706-713.
1 Coke, 99a. He who bears the burden of a thing ought also to experience the advantage arising from it
- Quisquis erit qui vult juris-consultus haberi continuet studium, velit a quocunque doceridefined inBlack's (1910)
Jenk. Cent. Whoever wishes to be a juris-consult, let him continually study, and desire to be taught by every one.
Every one is presumed good; and in doubtful cases the resolution should be ever for the accused.
adj. Clear; discharged; free; also spoken of persons absolved or acquitted of a charge. v. To leave; remove from; surrender possession of; as when a tenant "quits" the premises or
He who is silent is supposed to consent. The silence of a party implies his consent. Jenk. Cent, p. 32, case 64; Broom, Max.' 138, 787.
- Qui tacet consentire videtur, ubi tractatur de ejus commododefined inBallentine's (1916)Black's (1910)
9 Mod. 38. He who is silent is considered as assenting, when his interest is at stake.
- Qui tacet non utique fatetur, sed tamen verum est eum non negaredefined inBallentine's (1916)Black's (1910)
He who is sllent does not indeed cohfess, but yet it is true that he does not deny. Dig. 50, 17, 142.
Lat "Who as well--------------." An action brought by an ihformer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that th
He who pays more tardny [than he ought] pays less [than he ought.] Jenk. Cent 58.
In the civll law. Equity, as opposed to strictum or summum jus, (q. v.) Otherwise called œquum, œquum bonum, œquum et bonum, œquum et justum. Calvin.
Equity acts upon the person. 4 Bouv. Inst. n. 3733.
Equity is the correction of that wherein the law, by reason of its generuiity, is deficient. Plowd. 375.
- Æquitas est correctio quædam legi adhibita, quia ab efi abest aliquid propter generalem sine exceptione comprehensionemdefined inBlack's (1910)
Equity is a certain correction ap-plled to law, because on account of its general comprehensiveness, without an exception, something is absent from it Plowd. 467.
- Æquitas est perfecta quædam ratio quæ jus scriptum interpretatur et emendat; nulla scriptura comprehensa, sed solum in vera ratione consistensdefined inBlack's (1910)
Equity is a certain perfect reason, winch interprets and amends the written law, comprehended in no writing, but consisting in right reason alone. Co. Litt. 24b.
Equity is as it were equality; equity is a spectes of equality or equalization. Co. Litt 24.
Equity assists ignorance, but not carelessness.
Equity does not make law, but assists law. Lofft, 379.
Equity never counteracts the laws.
Equity follows the law. Glib. 186.
Equity abhors superfluous things. Lofft, 282.
Equity favors wives and children, creditors most of all.
n. A release or acquittance given to one man by another, in respect of any action that he has or might have against him. Also acquitting or giving up one's claim or title. Termes d
A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such t
They who fear, take care and avoid. Branch, Princ.
He who says ali excepte nothing.
Certain established rents of the freeholders and ancient copyholders of manors are denominated "qultrents," because thereby the tenant goes quit and free of all other services. 3 C
Certain established rents of the freeholders and ancient copyholders of manors were so called, because by their payment the tenant was free an'd "quit" of all other services.
An abbreviation of "acquittance;" a release, (q. vt)
Let him who wishes to be deceived, be deceived. Broom, Max. 782, note; 1 De Gex, M. & G. 687, 710; Shep. Touch. 56.
Things derogatory to the common law are not to be drawn into precedent. Branch, Princ.
Jenk. Cant. 137. Every jurisdiction has its own bounds.
- Quælibet pœna corporalis, quamvis minima, major est qualibet poena pecuniariadefined inBlack's (1910)
3 Inst. 220. Every corporal punishment, although the very least, is greater than any pecuniary punishment.
4 Coke, 2. Things bad in principle at the commencement seldom achieve a good end.
Lat Winch [does or requires] nothing in vain. Which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53.
Things which ought not to be done are held valid when they have been done. Tray. Lat Max. 484.
Lat. As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party wa
Lab As to sacred things; for rellgious purposes.
Lat. With what intention or motive. Used sometimes as a substantive, in lieu of the single word "animus," design or motive. "The quo animo is the reni subject of inquiry." 1 Kent,
In any way he wishes; In any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492.
- Quod ab initio non valet in tractu temporis non convalescetdefined inBallentine's (1916)Black's (1910)
That which is bad in Its commencement improves not by lapse of time. Broom, Max. 178; 4 Coke, 2.
All men are equal as far as the natural law is concerned. Dig. 50, 17, 32.
Whatever Is built on ground given by will goes to the legatee, Broom, Max. 424.
- Quod alias bonum et justnm est, si per vim vel frandem petatur, malnm et injustum efficiturdefined inBlack's (1910)
3 Coke, 78. What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust
What otherwise was not lawful, necessity makes lawful. Fleta, llb. 5, c. 23, § 14.
What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it Broom, Max. 712.
That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46.
- Quod attinet ad jus civile, servi pro nullis habentur, non tamen et jnre naturali, quia, quod ad jus naturale attinet, omnes homines æquali suntdefined inBlack's (1910)
So far as the civll law Is concerned, slaves are not reckoned as persons, but not so by natural law, for, so far as regards natural law, all men are equal. Dig. 50, 17, 32.