Black's Law Dictionary

In English practice. There are some rules which the courts authorize their officers to grant as a matter of course without formal application being made to them in open court, and

In mining law, the side lines of a mining claim are those which measure the extent of the claim on each side of the middle of the vein at the surface. They are not necessarily the

A term sometimes applied to unofficial volumes or series of reports, as contrasted with those prepared by the official reporter of the court or to collections of cases omitted from

In ecclesiastical law. These were originally persons whom, in the ancient episcopal synods, the bishops were wont to summon out of each parish to give information of the disorders

A walk for foot passengers at the side of a street or road. See Kohlhof v. Chicago, 192 111. 249, 61 N. E. 446, 85 Am. St Rep. 335 ; Challiss v. Parker, 11 Kan. 391; State v. Berde

An obsolete form of the word "scion," meaning offspring or descendant. Co. Litt 123a.

Span. In Spanish law. A slave. Las Partidas, pt 4, tit. 21, I. 1.

Span. Seven parts. See Las Partidas.

Lat If [he] make you secure. In practice. The initial and emphatic words of that description of original writ which directs the sheriff to cause the defendant to appear in court, w

When a bill of exchange is expressed to be payable "at sight," it means on presentment to the drawee. See Campbell v. French, 6 Term, 212.

In old English law, a seal or a contracted or abbreviated signature used as a seal.

Lat. In old English law. A seal; originally and properly a seal impressed upon wax.

A seal is a pieco of wax impressed, because wax without an impression is not a seaL 3 Inst. 169.

Lat. In Roman law. Marks or signs of abbreviation used in writing. Cod. 1, 17, 11, 13.

To affix one's name to a writing or instrument, for the purpose of authenticating it or to give it effect as one's act. To "sign" is merely to write one's name on paper, or declare

Lat In the civil law. A signet-ring; a seal-ring. Dig. 50, 16, 74.

In ecclesiastical law. The name of a sort of rescript, without seui, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon. In contracts

A seal commonly used for the sign manual of the sovereign. Wharton. The signet is also used for the purpose of civil justice in Scotland. Bell.

In French law. The notlco given of a decree, sentence or other judicial act.

In ecolesiastical law. When this word is used alone, It means the bishop's certificate to the court of chancery in order to obtain the writ of excommunication; but, where the words

In English practice. The signature or allowance of the proper officer of a court, obtained by the party entitled to judgment in an action, expressing generally that judgment is giv

In English law. The signature or subscription of the king is termed his "sign-manual." There is this difference between what the sovereign does under the sign manual and what he or

Lat In the Roman and civil law. A sign; a mark; a seal. The seal of an Instrument. Calvin. A species of proof. By "signa" were meant those species of indicia which come more immedi

If you affirm that one is ungrateful, in that you Include every charge. A Roman maxim. Tray. Lat Max.

Lat. If it be so. Emphatic words in the old writ of mandamus to a judge, commanding him, lf the fact alleged be truly stated, (si ita est,) to atflx his seal to a bill of exception

The state of a person who does not speak or of one who refrains from speaking. In the law of estoppel, "silence" implies knowledge and an opportunity to act upon it. Pence v. Langd

In English law. One of the privy council; also an usher, who sees good rule and silence kept in court. Wharton.

The power of law Is suspended during wav. Bacon.

Popular names for dormant partners or special partners.

Used especially of the gowns worn in England by king's counsel; hence, "to take silk" means to attain the rank of king's counsel. Mozley & Whitley.

Lat. In the civll law. Wood; a wood.

In the civil law. That kind of wood which was kept for the purpose of being cut. In English law. Under wood; coppice wood. 2 Inst 642; Cowell. All small wood and under timber, and

If those are better who are led by love, those are the greater number who are corrected by fear. Co. Litt 392.

This word ls often used to denote a partial resemblance only; but It is also often used to denote sameness in nil essential particulars. Thus, a statutory provision in relation to

Lat In pleading. Likewise; the like. The name of the short formula used either at the end of pleadings or by ltsblf, expressive of the acoeptance of an issue of fact tendered by th

Dissimilium, dissimilis est ratio. Legal similarity Is a similar reason which governs various cases when compared with cach other; for what avails in one similar case will avail in

Contractus ex turpi eausa et contra bonos mores. Hob. 167. Simony ls the will or desire of buying or selling spiritualities or things pertaining thereto. It is a contract founded o

In English ecclesiastical law. The corrupt presentation of any one to an ecclesiastical benefice for money, gift or reward. 2 Bl. Comm. 278. An unlawful contract for presenting a c

Lat In the civil law. The single value of a thing. Dig. 21, 2, 37, 2.

Pure; unmixed; not compounded; not aggravated; not evidenced by scaled writing or record. As to simple "Assault," "Average," "Battery," "Blockade," "Bond," "Cohfession," "Contract,

In criminal law and torts. A beating of a person, not accompanied by circumstances of aggravation or not resulting in grievous bodily injury.

One established by a naval commander acting on his own discretion and responsibility, or under the direction of a superior officer, but without governmental outers or notification.

At common law, a bond without penalty ; a bond for the payment of a definite sum of money to a named obligee on demand or on a day certain. Burnside v. Wand, 170 Mo. 531, 71 S. W.

One where the contract upon which the obligation arises is neither ascertained by matter of record nor yet by deed or special instrument, but by mere oral evidence the most simple

that which is paid for the principal or sum lent, at a certain rate or allowance, made by law or agreement of parties.

Larceny which is not complicated or aggravated with acts of violence. Larceny from the person, or with force and violence, is called "compound" larceny. See State v. Chambers, 22 W

In the civil law. An obligation which does not depend for its execution upon any event provided for by the parties, or which ls not agreed to become void on the happening of any su

A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature of the trust, not being qualified by th

An obligation to warrant or secure from all subsequent or future deeds of the grantor. A simple warranty against the grantor's own acts. Whishaw.

Lat Simple; single; pure; unqualified. —Simplex beneficium. In ecclesiastical law. A minor dignity in a cathedral or eollegiate church, or any other ecclesiastical benefice, as dis

In ecclesiastical law. A minor dignity in a cathedral or eollegiate church, or any other ecclesiastical benefice, as distinguished from a cure of souls. It may therefore be held wi

Mere recommendation [of an article] does not bind, [the vendor of it.] Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781.

In old English practice. Simple averment; mere assertion without proof.

A gift ls said to be pure and simple when no condition or qualification ls annexed. Bract 1.

In old records. Simple justice. A name sometimes given to a puisne justice. Cowell.

In old English practice. Simple speech; the mere declaration or plaint of a plaintiff.-

A single obligation ; a bond without a condition. 2 Bl. Comm. 340.

In old English law. Simple pilgrimage. Fleta, 1. 4, c. 2, § 2.

4 Coke, '8. Simplicity is favorable to the laws; and too much subtlety in law ls to be reprobated.

Lat. Simply; without ceremony; in a summary manner. Directly; immediately; as distinguished from inferentially or indirectly. By itself; by its own force; per se.

To feign, pretend or counterfeit. To engage, usually with the co-op-peration or connivance of another person, in an act or series of acts, which are apparently transacted in good f

In the law of evidence. A fabricated fact; an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ. Ev. 131.

One which is apparently rendered in good faith, upon an actual debt, and intended to be collected by the usuni process of law, but which in reality is entered by the fraudulent con

One which has all the appearance of an actual sale in good faith, intended to transfer the ownership of property for a consideration, but which in reality covers a collusive design

Lat A species of feigned disease, in which dlsease is actually present, but where the symptoms are falsely aggravated, and greater sickness is pretended than really exists. Beck, M

In the civil law. Misrepresentation or concealment of the truth; as where parties pretend to perform a transaction different from that in which they really are engaged. Mackeld. Ro

Lat. Together with. In actions of tort and in prosecutions, where several persons united in committing the act complained of, some of whom are known and others not, it ls usual to

Lat Together and at'one time.

A. natural power of the soul, set in the highest part thercof, moving and stirring it to good, and adborring evll. And therefore sinderesis never slnneth nor erreth. And this sinde

Lat Without. —Sine animo revertendi. Without the intention of refurning. 1 Kent, Comm. 78. — Sine assensu capituli. Without the consent of the chapter. In old English practice. A w

Without the intention of refurning. 1 Kent, Comm. 78.

Without the consent of the chapter. In old English practice. A writ which lay where a dean, bishop, prebendary, abbot, prior, or master of a hospital aliened the lands holden in th

In ecolesiastical law. When a rector of a parish neither resides nor performs duty at his benefice, but has a vicar under him endowed and charged with the cure thereof, this ls ter

Without day; without assigning a day for a further meeting or hearing. Hence, a final adjournment; final dismissal of a cause. Quod eat sine die, that he go without day ; the old f

There can be no prescription without possession.

Without which not. That without which the thing cannot be. An indispensable requisite or condition.

Unitary; detached; individual; affecting only one person; contuining only one part, article, condition or covenant As to single "Adnitery," "Bill," "Bond," "Combat," "Demise," "Ent

A deed whereby the obligor obliges himself, his heirs, executors, and administrators, to pay a certain sum of money to the obligee at a day named, without terms of defeasance.

A declaration in ejectment might contain either one demise or several. When it contained only one, it was called a "declaration with a single demise."

When all a person's movables fall to the crown, as a casualty, because of his being declared rebel. Wharton.

An original instrument which is executed singly, and not in duplicate.

Each; as in the expression "all and singular." Also, individual. As to singular "Successor," and "Title," see those titles.

A term borrowed from the civil law, denoting a person who succeeds to the rights of a former owner in a single article of property, (as by purchase,) as distinguished from a univer

The title by which a party acquires property as a singular successor.

See Fund.

If it does not appear what was agreed upon, the consequence wlll be that we must follow that which ls the usage of the place where the agreement was made. Dig. 50, 17, 34.

Lat In English practice. A writ of association of justices whereby, if all in cemmisslon cannot meet at the day assigned, it is allowed that two or more may proceed with the busine

If there be no inference which leads to a different result, words are to he understood according to their proper meaning, not in a grammatical, but in a popular and ordinary, sense

Lat If it appears. In Roman law. Words used in the formula by which the prætor appointed a Judge, and instructed him how to decide the cause.

In old English law. A franchise, llberty or hundred.

If there are more sureties than one, how many soever they shall be, they shall each be held for the whole. Inst. 3, 20, 4.

Lat. In old practice. If before. Formal words in the old writs for summoning juries. Fleta, 1. 2, c. 65, § 12.

Although a testator may have mistaken the nomen, cognomen or prœnomen of a legatee, yet, lf it be certain who is the person meant, the legacy is valid. Inst. 2, 20, 29; Broom, Max.

If anything be owing to an entire body, It is not owing to the individual members; nor do the individuals owe that which is owing by the entire body. Dig. 8, 4, 7, 1.

Lat. In the civll law. If any one. Formal words In the praetorian edicts. The words "quis," though masculine in form was held to include women. Dig. 50, 16, 1.

Jenk. Cent. 39. If a guardlan do fraud to his ward, he shall be removed from his guardianship.

3 Inst. 51. If a man klll one, meaning to kill another, he is held gullty of felony.

If a man leave hls wife pregnant, he shall not be considered to have died without children. A rule of the civil law.

Lat. If he acknowledge, In old practice. A writ which lay for a creditor against his debtor for money numbered . (pecunia numerata) or counted; that ls, a specific sum of money, wh

n. In Scotch practice, A stay or suspension of proceedings; an order for a stay of proceedings. Bell v. In Scotch practice. To stay proceedings. Bell.