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
Worldly employment or service, as contrasted with spiritual or ecclesiastical.
- Secundumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. In the civil and common law. Acoording to. Occurring in many phrases of famlliar use, as follows; —Secundum œquum et bonum. According to what is just and right. —Secundum alle
According to what ls alleged and proved ; according to the allegations and proofs. 15 East, 81; Cloutman v. Tunison, 1 Sumn. 375, Fed. Cas. No. 2,907.
According to the art, trade, business, or science.
According to good usages; according to established custom ; regularly ; orderly.
According to the custom of the manor.
According to the form of the charter, (deed.)
According to the form of the gift or grant. See Formedon.
According to the common law.
- Secundum naturam est commoda cujus que rei eum sequi, quem sequuntur incommodadefined inBlack's (1910)
It is according to nature that the advantages of anything should attach to him to whom the disadvantages attach. Dig. 50, 17, 10.
According to the rule of law ; by the intendment and rule of law.
According to what is just and right.
To give sechrity; to assure of payment, performance or indemnity; to guaranty or make certain the payment of a debt or discharge of an obligation. One "secures" his creditor by giv
A creditor who holds some special pecuniary assurance of payment of his debt, such as a mortgage or llen.
In old English law.
An ancient writ, lying for the sovereign, against any of his subjects, to stay them from going out of the kingdom to foreign parts; the ground whereof is that every man is bound to
In old English law. Security of the peace, A writ that lay for one who was threatened with death or bodily harm by another, against him who se threatened. Reg. Orig. 88.
- Securitydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
Protection; assurance; indemnification. The term is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or
See Costs.
A band or recognizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct or threatening violence, conditioned upon his being of good
In the civil law. An acquittance or release. Spelman; Calvin.
- Securius expediuntur negotia commissa plnribus, et pins vident oculi quam ocnlnsdefined inBlack's (1910)
4 Coke, 46a. Matters intrusted to several are more securely dispatched, and eyes see more than eye, [i. e., "two heads are better than one."]
Lat. Otherwise; to the contrary. This word is used in the books to indicate the converse of a foregoing proposition or the rule applicable to a different state of facts or an excep
Lat With settled purpose. 5 Mod. 29L
Lat. In defending himself; in self-defense. Homicide committed se defendendo is excusable.
Lat The court sitting ; during the sitting of the court
Lat The see being filled. A phrase used when a bishop's see is not vacant.
Lat. A see; the dignity of a bishop. 3 Steph. Comm. 65.
Like "sea-shore," imports a tract of land below high-water mark. Church v. Meeker, 34 Conn. 421.
- Seditiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
An insurrectionary movement tending towards treason, but wanting an overt act; attempts made by meetings or speeches or by publications, to disturb the tranquillity of the state. T
See Libel.
A written or printed document containing seditious matter or published with a seditious intention, the latter term being defined as "an intention to bring into hatred or contempt,
Lat. But it is not allowed. A phrase used in the old reports, to signify that the court disagreed with the arguments of counsel.
Lat. But by the court. This phrase is used in the reports to introduce a statement made by the court, on the argument, at varlanco with the propositions advanced by counsel, or the
Lat. But Inquire; examine thls further. A remark indicating, briefly, that the particular statement or rnie laid down is doubted or challenged in re spect to its correctness.
To entice a woman to the commission of fornication or adultery, by persuasion, solicitation, promises, bribes or otherwise; to corrupt; to debauch. The word "seduce," when used wit
An injury for which a master may have an action on the case.
- Seductiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The act of a man in enticing a woman to commit unlawful sexual intercourse with him, by means of persuasion, solicitation, promises, bribes or other means without the employment of
Lat. But sen. This remark, jollowed by a citation, directs the reader's attention to an authority or a statement which conflicts with or contradicts the statement or principle laid
The circuit of a bishop's Jurisdiction ; or his office or dignity, as being bishop of a given diocese,
This word, when written by the drawee on a blll of exchange, amounts to an acceptance by the law merchant Spear v. Pratt, 2 Hili (N. Y.) 582, 33 Am. Dec. 600; Barnet v. Smith, 30 N
A writ that lay against him who refused to perform his suit either to the county court or the court-baron. Cowell.
In old English law. A service which a man is bound to perform by his fee.
In old English law. Suit due to a man's kiln or malthouse. 3 Bl. Comm. 235.
In old English law. Suit of court; attendance at court. The service, incumbent upon feudal tenants, of attending the lord at his court, both to form a j'ury when required, and also
In its general signification, means "lord," but in law it is particularly applied to the lord of a fee or of a manor; and the fee, dominions or manor of a seignior is thence termed
A royalty or prerogative of the sovereign, whereby an allowance of gold and silver, brought in the mass to be exchanged for coin, is claimed. Cowell. Mintage; the charge for coinin
A female superior.
- Seigniorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In English law. A lordship; a manor. The righto of a lord, as such, In lands.
This is the strict technical expression used to describe the ownership in "an estote in fee-simple in possession in a corporeal hereditament." The word "seised" is used to express
In old English law. Seised; possessed.
- Seisindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Stearns, Real Act. 2. Possession with an in
In Lat Seisin.
Seisin makes the stock. 2 BL Comm. 209; Broom, Max. 525, 528,
A writ for delivery of seisin to the lord, of lands and tenements, after the sovereign, in right of his prerogative, had had the year, day, and waste on a felony committed, etc. Re
Actual possession of the freehold; the same as actual seisin or seisin in fact. Vanderheyden v. Crandall, 2 Denio (N. Y.) 21; Backus v. McCoy, 3 Ohio, 221. 17 Am. Dec. 585; Tate v.
Possession with intent on the part of him who holds it to claim a freehold interest; the same as actual seisin. Seim v. O'Grady, 42 W. Va. 77, 24 S. E. 994; Savage v. Savage, 19 Or
A right of immediate possession according to the nafure of the estate. Martin v. Trail, 142 Mo. 85, 43 S. W. 655; Savage v. Savage, 19 Or. ll2, 23 Pac. 890, 20 Am. St. Rep. 795. As
In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since converted into a payment in money, proportioned to
See Seisin.
Taking the best beast, etc., where an heriot is due, on the death of the tenant. 2 Bl. Comm. 422.
- Seizuredefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In practice. The act performed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a pers
A shop, shed or stali in a market; a wood of sallows or wlllows; also a sawpit. Co. Litt. 4.
The name given, in some states, to the upper house or branch of the council of a city.
Lat. In Roman law. Judges who were selected very much like our Juries. They were returned by the prætor, drawn by lot, subject to be challenged, and sworn. 3 Bl. Comm. 366.
The name of certain municipal officers, in the New England states, elected by the towns to transact their general public business, and possessing certain executive powers. See Felc
In criminal law. The protection of one's person or property against some injury attempted by another. The right of such protection. An excuse for the use of force in resisting an a
See Felo de Se; Suicide.
Evidence which either serves or disserves the party ls so called. This species of evidence is either self-serving (which is not in general receivable) or self-disserving, which is
In old English law. A ridge of ground rising between two furrows, containing no certain quantity, but sometimes more and sometimes less. Termes de la Ley.
- Selldefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
To dispose of by sale, (q. v.)
- Sellerdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
One who sells anything; the party who transfers property in the contract of sale. The correlative is "buyer," or "purchaser." Though these terms are not inapplicable to the persens
This case decided, In 1604, that "every man's house [meaning his dwelling-house only] is his castle," and that an officer execnting civll process may not break open outer doors in
L. Fr. It seems; it would appear. This expression is often used in the reports to preface a statement by the court upon a point of law which is not directly decided, when such stat
Once a citizen always a citizen. Tray. Lat. Max. 555.
- Semel malus semper praesumitur esse malus in eodem generedefined inBallentine's (1916)Black's (1910)
Whoever is once bad is presumed to be so always in the same kind of affairs. Cro. Car. 317.
Lat. In the civil law. The collected decisions of the emperors in their councils.
Lat. In Roman law. Half-marriage. Concubinage was so called. Tayl. Civll Law, 273.
Lat. In the civil law. A nursery of trees. Dig. 7, 1, 9, 6.
A place of education. Any school, academy, college or university in which young persons are instructed in the several branches of learning which may qualify them for their future e
Lat In maritime law. Half-shipwreck, as where goods are cast overboard in a storm; also where a snip has bcen so much damaged that her repair costs more than her worth. Wharton. '
Lat In the civil law. Half-full proof; half-proof. 3 Bl. Comm. 370. See Half-Proof.
In old English law. A path. Fleta, L 2, c. 52, § 20.
- Semperdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat Always. A word which introduces several Latin maxims, of which some are also used without this prefix.
In doubtful cases, the more favorable constructions are always to be preferred. Dig. 50, 17, 56.
- Semper in dnbiis id agendum est, ut quam tutissimo loco res sit bona fide contracta, nisi quum aperte contra leges scriptum estdefined inBlack's (1910)
In doubtful cases, such a course should always be taken that a thing contracted bona fide should be in the safest condition, unless when it has been openly made against law. Dig. 3
In obscure constructions we always apply that which is the least obscure. Dig. 50, 17, 9; Broom, Max. 687n.
- Semper in stipulationibus, et in ceteris contractibns, id sequimnr quod actum estdefined inBlack's (1910)
In stipulations and in other contracts we follow that which was done, [we are governed by the actual state of the facts.] Dig. 50, 17, 34.
Reference [of a disposition in a will] should always be so made that the disposition may have effect 6 Coke, 76b.
The claimant is always bound to prove, [the burden of proof lies on the actor.]
Lat Always ready. The name of a pica by which the defendant alleges that he has always been ready to perform what is demanded of him. 3 Bl. Comm. 303.
The presumption always is in favor of the legitimacy of children. 5 Coke, 98b; Co.. Litt 126a.
The presumption is always in favor of the validity of a marriage.
The presumption is always in favor of the one who denies. See 10 Clark & F. 534; 3 El. & Bl. 723.
The presumption always is in favor of & sentence. 3 Bulst 42; Branch, Princ.
He who does not prohibit the intervention of another in his behalf is supposed to authorise It 3 Kent, Comm. 616; Dig. 14, 6, 16; Id. 46, S, 12, 4.
The masculine sex always includes the feminine. Dig. 32, 62.
Speciuis are always included in generals. Dig. 50, 17, 147.
This is said to be an ancient word, which signified "justice," Co. Litt 6ln.
Money paid for synodala.