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
In Scotch law. The symbolical delivery of land, answering to the livery of seisin of the old English law. 4 Kent, Comm. 459.
In old English law. A kind of wear with flood-gates, most commonly in cut rivers, for the shutting up and letting out of water, as occasion required, for the more ready passing of
The corruption of Saxons. A name of contempt formerly given to the English, while they affected to be called "Angles;" they are still so called by the Welsh.
Lat In the civil law. To guaranty the obligation of a principal.
Lat. In the civll law. Security given by a party to an action, as by a defendant, to pay what might be adjudged against him. Inst 4, 11; 3 BL Comm. 291.
The act of satisfying a party by paying what is due to him, (as on a mortgage, lien or contract,) or what is awarded to him, by the judgment of a court or otherwise. Thus, a judgme
In practice. A memorandum in writing, entitled in a cause, staling that satisfaction is acknowledged between the parties, plaintiff and defendant. Upon this being duly acknowledged
See Evidence.
A term of years In land is thus called when the purpose for which it was created has been satisfied or executed before the expiration of the set period. —Satisfied terms aet. The s
The statute 8 & 9 Viet. c. 112, passed to abolish satisfied outstanding terms of years in land. By this act, terms which shall henceforth become attendant upon the inheritance, eit
In technical use, generally means to comply actually and fully with a demand; to extinguish, by payment or performance.
Lofft, 606. It is better to seek the seurce than to follow the streamlets.
In old English law. A space of time from even-song on Saturday till sun-rising on Monday, in which it was not lawful to take salmon in Scotland and the northern parts of England. C
L. Fr. End of blood; fall-ure of the direct llne in successions. Spelman ; Cowell.
L. Fr. Wild animals.
In Fr. Safely. 8auve-ment gardes, safely kept Britt, c. 87.
To except, reserve or exempt; as where a statute "saves" vested rights. To toll or suspend the running or operation of; as to "save" the statute of limitations.
L. Fr. In old English practice. To excuse a default. Termes de la Ley.
A saving clause in a statute is an exception of a special thing out of the general things mentioned in the statute ; it is ordinarily a restriction in a repealing act, which is int
See Bane.
A creditor is said to "save the statute of limitations" when he saves or preserves hla debt from being barred by the operation of the statute. Thus, in the case of a simple contrac
To partake the nature of; to bear affinity to.
One of the old privileged places or sanctuaries. 4 Steph. Comm. 227n.
The laws of the West Saxons. Cowell.
This phrase, llke "more or less," is frequently introduced into conveyances or centracts of sale, to indicate that the quantity of the subject-matter is uncertain, and is only esti
In Hindu law. Variable imposts distinct from land, rents or revenues; consisting of customs, tolis, llcenses, duties on goods; also taxes on houses, shops, bazaars, etc. Wharton.
An abbreviation for "senate bilL"
An abbreviation for "scilicet," that is to say.
An abbreviation for "same case." Inserted between two citations, it indicates that the same case is reported in both places. It is also an abbreviation for "supreme court," and for
In old European law. The judges or assessors of the judges in the court held by the count Assistants or associates of the count; officers under the count. The permanent selected ju
A chequered cloth resembling a chess-board which covered the table in the exchequer, and on which, when certain of the king's accounts were made up, the sums were marked and scored
At the scale; the old way of paying money into the exchequer. Cowell.
In early American law. To adjust, graduate or value according to a scale. Walden v. Payne, 2 Wash. (Va.) 5, 6.
In old records, the cucking-stool, (q. vt) Cowell.
- Scandaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Defamatory reports or rumors; aspersion or slanderous talk, uttered recklessly or maliciously. In pleading. "Scandal consists in the allegation of anything which is unbecoming the
In equity pleading. See Scandal.
In English law. Scandal or slander of great men or nobles. Words spoken in derogation of a peer, a judge or other great officer of the realm, for which an action lles, though it is
In old European law. To chop; to chip or haggle, Spelman.
Lat In Roman law. A boat; a lighter. A ship's boat.
A kind of toll or custom, exacted by mayors, sheriffs, etc., of merchant strangers, for wares showed or offered for sale within their llberties. Prohibited by 19 Hen. VII. c. 7. Co
The officer who collected the scavage money. Cowell.
A Saxon coin of less denomination than a shilling. Speiman.
An ancient measure of suit, the quantity of which is now not .known. Wharton.
A small duty or compensation. Cowell.
A sheet of paper or parchment annexed to a statute, deed, answer in equity, deposition or other instrument, exhibiting in detall the matters mentioned or referred to in the princip
In English law, a scheme is a document containing provisions for regulating the management or distribution of prop erty, or for making an arrangement between persons having conflic
Usury. Cowell.
In Saxon law. An officer having the civil government of a thire or county; an earl. 1 Bl. Comm. 398.
In Saxon law. A tax paid to sheriffs for keeping the shire or county court. Cowell.
In ecclesiastical law. A division or separation in a church or denomination of Christians, occasioned by a diversity of faith, creed or religious opinions. Nelaon v. Benson, 69 III
In English law. The name of an act passed in the reign of Queen Anne, which restrained Protestant dissenters from educating their own children, and forbade all tutors and schoolmas
- Schooldefined inCase LawU.S. CodeBouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
An Institution of learning of a lower grade, below a cellege or a university. A place of primary instruction. The term generally refers to the common or public schools, maintained
A board of municipal officers charged with the administration of the affairs of the public schools. They are commonly organized under the general laws of the state, and fall within
See ScqooL Board.
A public and quasi municipal corporation, organized by legislative authority or direction, comprising a defined territory, for the erection, maintenance, government, and support of
See Land.
One employed in teaching a school.
See Osteopathy ; Psychotherapy.
In Dutch law. An officer of a court whose functions somewhat resemble those of a sheriff.
FA. An abbreviation for "scire ladas, (q. vt)
Lat. In English law. The name given to a clause inserted in the record by which it is made "known that the justice here in court, in this same term, delivered a writ thereupon to t
Lat. It is to be known; be it remarked. In the books of the civil law, this phrase is often found at the beginning of a chapter or paragraph, by way of introduction to some explana
- Scienterdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. Knowingly. The term is used in plcading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant's previous knowled
Bract, fol. 20. An injury is not done to one who knows and wills it.
8 Coke, 159. The knowledge of smat-terers is diluted ignorance.
- Scilicetdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. To-wit; that is to say. A word vised in pleadings and other instruments, as introductory to a more particular statement of matters previously mentioned in general terms. Hob.
Lat A spark; a remaining particie; the least particle. —Scintilla jnris. In real property law. A spark of right or interest. By this figurative expression was denoted the small par
In real property law. A spark of right or interest. By this figurative expression was denoted the small particle of interest which, by a fiction of law, was supposed to remain in a
A spark, glimmer, or faint show of evidence. A metaphorical expression to describe a very insignificant or trifling item or particle of evidence; used in the statement of the commo
You ought to know with whom you deal. 11 Mees. & W. 405, 632; 13 Mees. & W. 171.
To know a thing, and to be bound to know it, are regarded in law as equivalent. Tray. Leg. Max. 551.
Lat In practice. A judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of
The name of a writ which ls sued out after the plaintiff in error has assigned his errors. Fitzh. Nat. Brev. 20. —$cire facias ad disproban-dum debitum. The name of a writ in use i
A scire facias ad rehabendam terram lies to enable a judgment debtor to recover back his lands taken under an elegit when the jfudgment creditor has satisfied or been paid the amou
In English law. The summary proceeding by extent is only resorted to when a crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. In
This writ lies where execution on a judgment has been levied, but the money has not been pnid over to the i plaintiff, and the judgment is afterwanis reversed in error or on appeui
A writ of scire facias issued upon the default of a mortgagor to make payments or observe conditions, requiring him to show cause why the mortgage should not be foreclosed, and the
A writ of scire facias, authorized to be issued, in Pennsylvania, as a means of enforcing payment of a municipal claim (q. v.) out of the real estate upon which such claim ls a lie
Lat. In practice. The name given to the sheriff's return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2
In English law. The name of a writ formerly used to recover the amount of a judgment from an executor.
To know the laws ls not to observe their mere words, but their force and power; [that is, the essential meaning in which their efficacy resides.] Dig. 1, 3, 17; 1 Kent, Comm. 462.
To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof. Co.. Litt 183b.
In old English law. A tax or prestation paid to the sheriff for holding the assizes or county courts. Cowell.
Lat In old English law. A cutting. Scissio auricularum, cropping of the ears. An old punishment Fleta, lib. 1, c. 38, § 10.
The sitting or standing on any place; the scat or situation of a capital messuage, or the ground whereon it stands. Jacob.
- Scolddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
A troublesome and angry woman, who, by brawling and wrangling among her neighbors, breaks the public peace, increases discord, and becomes a public nuisance to the neighborhood. 4
In old English law. A tax or tribute; one's share of a contribution. —Scot and lot. In English law. The name of a customary contribution, laid upon all subjects according to their
In old English law. An extortionate practice by officers of the forest who kept ale-houses, and compelled the people to drink at their houses for fear of their displeasure. Prohibi
In English law. The name of a customary contribution, laid upon all subjects according to their ability. Brown.
In English law. Voters in certnin boroughs entitled to the franchise in virtue of their paying this contribution. 2 Steph. Comm. 360.
A marriage contracted without any formal solemnization or religious ceremony, by the mere mutual agreement of the parties per verbo de præsenti in the presence of witnesses, recogn
See Gretna Green.
Peers of the kingdom of Scotland; of these sixteen are elected to parliament by the rest and represent the whole body. They are elected for one parliament ouiy.
In English law. Assessments by commissioners of sewers.
To pay scot, tax or customary dues. CowelL
An approbious epithet, implying rascality, vlllainy or a want of honor or integrity. In slander, this word is not actionable per se. 2 Bouv. Inst. 2250.
See Possession.
- Scrawldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A word used in seme of the United States for scrowl or scroll. "The word 'seal,' written in a soratcl attached to the name of an obligor, makes the instrument a specialty." Co.merf
- Scribere est ageredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
To write is to act. Treasonable words set down in writing amount to overt acts of treason. 2 Rolls, 89; 4 Bl. Comin. 80; Broom, Max-. 312, 967.
- Scripdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Certificates of ownership, either absolute or conditional, of shares In a public company, corporate profits, etc. Pub. St. Mass. 1882, p. 1295. A scrip certificate (or shortly "scr