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
A contract partaking of the nature of the contract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeemable. Clark's Heirs
- Bailiedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the Scotch law. A bailie is (1) a magistrate having inferior criminal jurisdiction, similar to that of an alderman, (q. v.;) (2) an officer appointed to confer infeoffment, (q.
- Bailiffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In a general sense, a person to whom some authority, care, guardianship or jurisdiction is delivered, committed or intrusted; one who is deputed or appointed to take charge of anot
In English law. Officers who perform the duties of sheriffs within liberties or privileged jurisdictions, in which formerly the king's writ could not be executed by the sheriff. Sp
In old law. A bailiff's jurisdiction. a bailiwick; the same as ia4lium. Spelman. See Bailiwick. In old English law. A liberty, or exclusive jurisdiction, which was exempted from th
- Bailiwickdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The territorial jurisdiction of a sheriff or bailiff. 1 Bl. Comm. 344. Greenup v. Bacon, 1 T. B. Mon. (Ky.) 108.
In Canadian law. The unpaid vendor of real estate.
A contract of letting houses.
- Bailmentdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailo
A contract in which the bailor agrees to pay an adequate recompense for the safe-keeping of the thing intrusted to the custody of the bailee, and the bnilee agrees to keep it and r
- Bailordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The party who hafts or delivers goods to another, in the contract of bailment. McGee v. French, 49 S. C. 454, 27 S. E. 487.
- Bair-Mandefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
In old Scotch law. A poor Insolvent debtor, left bare and naked, who was obliged to swear in court that he was not worth more than five shillings and five-pence.
In Scotch law. A known term, used to denote one's whole issue. Ersk. Inst. 3, 8, 48. But it is sometimes used in a more limited sense. Bell.
In Scotch law. Children's part; a third part of the defunct's free movables, debts deducted, If the wlfe survive, and a half if there be no relict.
In English law. Procuring them to be worried by dogs. Punishable on summary conviction, under 12 A 13 Viet C. 92, § 3.
- Balancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The amount remaining due from one person to another on a settlement of the accounts involving their mutual dealings; the difference between the two sides (debit and credit) of an a
When it is desired to ascertain the exact state of a merchant's business, or other commercial enterprise, at a given time, nil the ledger accounts are closed up to date and balance
The standard-bearer of the Knights Templar.
Small galleries of wood or stone on the outside of houses. The erection of them is regulated in London by the building acts.
In Spanish law. Waste land; land that is neither arable nor pasture. White New Recop. b. 2, tit. 1, c. 6, § 4, and note. Unappropriated public domain, not set apart for the support
A pack or certain quantity of goods or merchandise, wrapped or packed up in cloth and corded round very tightly, marked and numbered with figures corresponding to those in the bill
Fr. In French marine law. A buoy.
- Baliusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civll law. A teacher; one who has the care of youth; a tutor; a guardian. Du Cange; Spelman.
- Balivadefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
L. Lat. In old English law. A balliwick or jurisdiction.
In marine insurance. There is considerable analogy between ballast and dunnage. The former is used for trimming the ship, and bringing it down to a draft of water proper and safe f
- Ballastagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A toll paid for the privilege of inking up ballast from the bottom of a port or harbor.
An ancient writ to remove a bailiff from his office for want of sufficient land in the balliwick. Reg. Orig. 78.
- Ballotdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In the law of elections. A slip of paper bearing the names of the offices to be filled at the particular election and the names of the candidates for whom the elector desires to vo
A case made of wood for receiving ballots.
Fr. In medical jurisprudence. A test for pregnancy by palpation with the finger inserted in the vagina to the mouth of the uterus. The tip of the finger being quickly, jerked upwar
A large fish, called by Black-stone a "whale." Of this the king had the head and the queen the full as a perquisite whenever one was taken on the coast of England. 1 Bl. Comm. 222.
in the Roman law. Those who stole the clothes of bathers in the publlc baths. 4 BL Comm. 239.
- Bandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
1. In old English and civil law. A proclamation; a public notice; the announcement of an intended marriage. Cowell. An excommunication; a ctirse, publicly pronounced. A proclamatio
In Canadian and old French law. Pertaining to a ban or privileged place; having qualities or privileges derived from a ban. Thus, a banal mill is one to which the lord may require
- Banalitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In Canadian law. The right by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, etc. Used also of the region within which this right applied. Guyo
- Bancdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Bench; the scat of judgment; the placo where a court permanently or regularly sits. The full bench, full court. A "sitting in banc" is a meeting of all the judges of a court, usual
In old English law. Advocates; counters; serjeants. Applied to advocates in the common pleas courts. 1 Bl. Comm. 24; Cowell.
The king's bench ; the supreme tribunal of the king after parliament. 3 Bl. Comm. 41.
Ital. See Banc. A seat or bench of justico; also, in commerce, a word of Italian origin signifying a bank.
L. Lat. In old English law and practico. A bench or scat in the king's hall or palace. Fleta, lib. 2, c. 16, § 1. A high seat, or seat of distinction; a seat of judgment, or tribun
The queen's bench. See Queen's Bench.
The upper bench. The king's bench was so called during the Protectorate,
- Banddefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In old Scotch law. A proclamation calling out a mllitary force.
An outlaw; a man banned or put under a ban; a brigand or robber. Banditti, a band of robbers.
- Banedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A malefactor. Bract. L 1 t 8, a 1. Also a public denunciation of a malefactor; the same with what was called "hutesium," hue and cry. Spelman.
In English law. A knight made in the field, by the ceremony of cutting off the point of his standard, and making it, as it were, a banner. Knights so made are acoounted so honorabl
Courts for the administration of the bankrupt laws. The present English bankruptcy courts are the London bankruptcy court, the court of appeal, and the local bankruptcy courts crea
Deodands, (q. V.)
- Banishmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In criminal law. A punishment inflicted upon criminals, by compelling them to quit a city, place or country for a specified period of time or for life. See Cooper v. Telfair, 4 Dal
- Bankdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
1. A bench or seat; the bench or tribunal occupied by the Judges; the seat of judgment; a court The fuil bench or fuil court; the assembly of all the Judges of a court A "sitting i
In mercantile law. Notes, checks, bank-bills, drafts, and other securities for money, received as cash by the banks. Such commercial paper as is considered worthy of discount by th
- Bank-accountdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A sum of money placed with a bank or banker, on deposit, by a customer, and subject to be drawn out on the latter's check. The statement or computation of the several sums deposite
A promissory note issued by a bank, payable to the hearer on demand, and designed to circulate as money. Townsend v. People, 4 111. 328; Low r. People, 2 Park. Cr. R. (N. Y.) 37, S
A book kept by a customer of a bank, showing the state of his account with it.
See Check.
Accommodations allowed to a person on security given to a bank, to draw money on it to a certain extent agreed upon.
A private person who keeps a bank; one who is engaged in the business of banking. People v. Doty, 80 N. Y. 228; Auten v. Bank, 174 U. S. 125, 19 Sup. Ct. 628, 43 L. Ed. 920; Richmo
O. Eng. Bankrupt; insolvent; indebted beyond the means of payment.
A commercial instrument resembling a bank-note in every particular except that it is given by a private hanker or unincorporated banking institution.
The business of receiving money on deposit, loaning money, diseount-ing notes, issning notes for circuiation, collecting money on notes deposited, negotiating bills, etc. Bank v. T
A promissory note issued by a bank or authorized banker, payable to bearer on demand, and intended to circulate as money. Same as Bank-Bill, supra.
One authorized by law to issue its own notes intended to circulate as money. Bank v. Gruber, 87 Pa. 471, 30 Am. Rep. 378.
- Bankruptdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A person who has committed an act of bankruptcy; one who has done some act or suffered some act to be done in consequence of which, under the laws of his country, he is liable to b
- Bankruptcydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
1. The state .or condition of one who is a bankrupt; amenability to the bankrupt laws; the condition of one who has committed an act of bankruptcy, and is liable to be proceeded ag
The term includes all proceedings in a federal court having jurisdiction in bankruptcy, founded on a petition in bankruptcy and either directly or collaterally involved in the adju
A law relating to bankrupts and the procedure against them in the courts. A law providing a remedy for the creditors of a bankrupt, and for the relief and restitution of the bankru
Shares in the capital of a bank ; shares in the property of a bank.
Greiner, 2 Serg. & R. (Pat) 115.
- Banleucadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An old law term, signifying a space or tract of country around a city, town, or monastery, distinguished and protected by peculiar privileges. Spelman.
A French and Canadian law term, having the same meaning as banleuca, (q. v.)
- Banneretdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
See Baneret.
We ban or expel. The form of expulsion of a member from the University of Oxford, by affixing the sentence in some public places, as a promulgation of it Cowell.
L. Lat. In old English law. The bans of matrimony.
In old law, one under a ban, (q. v.;) an outlaw or banished man. Britt cc. 12, 13; Calvin.
To summon tenants to serve at the lord's courts, to bring corn to be ground at his mill.
See Bans of Matrimony.
- Bannumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A ban, (q. vt)
In old English law. A proclamation. Bannus regis; the king's proclamation, made by the voice of a herald, forbidding all present at the trial by combat to interfere either by motio
Fr. A bench; the table or counter of a trader, merchant or banker. Banque route; a broken bench or ceunter; bankrupt.
A public announcement of an intended marriage, required by the English law to he made in a church or chapel, duting service, on three consecutive Sundays before the marriage is cel
In East Indian law. A Hindoo merchant or shop-keeper. The word is used in Bengal to denote the native who manages the money concerns of a European, and sometimes serves him as an i
- Bardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
1. A partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the tri
Span. A concubine, whom a man keeps alone in hls house, unconnected with any other woman. Las Par-tidas, pt. 4, tit 14. Baratriam committit qui propter pecuniam justitiam baractat.
In old Lombardlc law. An uncle, (patruus.)
In old European law. Money paid to support a barbican or watch-tower.
The same as a "naked" possibility See infra.
L. Fr. A wrangling suit Britt c. 92; Co. Litt. 368b.
A person to whose fiduciary office no duties were originally attached or who, although such duties were originally attached to his office, would, on the requisition of his cestuis
In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Extortion." Abolished by St 14 Geo. III. c. 26; 55 Geo. III. c. 50; 8
- Bargaindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A mutual undertaking, contract or agreement. A contract or agreement between two parties, the one to sell goods or lands, and the other to buy them. Hunt v. Adams, 5 Mass. 360, 4 A
- Bargain and Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch, (by Preston,) 221. A contract or bargain
- Bargaineedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The party to a bargain to whom the subject-matter of the bargain or thing bargained for is to go ; the grantee in a deed of bargain and sale.
- Bargainordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The party to a bargain who is to perform the contract by delivery of the subject-matter.
Is sometimes figuratively used to denote the mere words or letter of an instrument or outer covering of the idcas sought to be expressed, as distinguished from its inner substance
In linear measure. The third of an inch.
Courts held in certain mining districts belonging to the Duchy of Lancaster, for regulation of the mines, and for deciding questions of title and other matters relating thereto. 3
An inn of chancery. See Inns or Chancery.
- Barodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
An old law term signifying, originally, a "man," whether slave or free. In. later usage, a "freeman." a "strong man, a "good soldier," a "baron;" also a "vassal," or "feudal tenant
- Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A lord or nobleman; the most general title of nobllity in England. 1 BL Comm. 398, 399. A particular degree or title of nobility, next to a viscount. A judge of the court of excheq
- Baronagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In English law. The collective body of the barons or of the nobility-at large, Speiman.