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
Lat In the civll law. I undertake; I engage. Inst. 3, 16,1.
Lat Do you undertake? I do undertake. The most common form of verbal stipulation in the Roman law. Inst. 3, 16, 1.
He promises the skill of his art; he engages to do the work in a skillful or workmanlike manner. 2 Kent, Comm. 588. Applied to the engagements of workmen for hire. Story, Ballm. §
Lat. In the civil law. Espousui; betrothal; a reciprocal promise of futute marriage.
Lat In the civil law. An engagement or undertaking; particularly such as was made in the form of an answer to a formal interrogatory by the other party. Calvin. An engagement to pa
In Roman law. A judicial wager corresponding in some respects to the "feigned issue" of modern practice.
A trifling or ludicrous engagement, such as a court will not sustain an action for. 1 Kames, Eq. Introd. 34. An informal undertaking, or one made without the usual formula of inter
In international law. Agreements or engagements made by cortain publlc officers (as generals or admirals in time of war) in behalf of their governments, either without authority or
A surety; one who makes a promise or gives sechrity for another, particularly a godfather in baptism. In the civil law. One who intervenes for another voluntarily and without being
Lat A free glft or present to the crown.
- Sponte virum mulier fugiens et adultera facta, dote sua careat, nisi sponsi sponte retractadefined inBlack's (1910)
Co. Litt, 32b. Let a woman leaving her husband of her own accord, and committing adultery, lose her dower, unless taken bsck by her husband of his own accord.
Lat In Roman law. A largess, dole or present; a pecuniary donation; an official perquisite; something over and abave the ordinary fee allowed by law. Inst. 4, 6, 24.
In old English law. Mutual promises to marry.
- Spouse-Breachdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
In old English law. Adultery. Cowell.
A fountain of water; an issue of water from the earth or the basin of water at the place of its issue. Webster. A natural chasm in which water has collected, and from which it eith
In American land law. A branch of a stream, flowing from a spring. Wootton v. Redd's Ex'r, 12 Grat. (Va.) 196.
A use limited to arise on a future event where no preceding use is limited, and which does not take effect in derogation of any other interest than that which resnlts to the granto
- Springing Usedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
See Use.
In Scotch law. The taking away or meddling with movables in another's possession, without the consent of the owner or authority of law. Bell.
Not proceeding from the true source; not genuine; counterfeited. "A spurious bank-bill may be a legitimate impression from the genuine plate, but it must have the signatures of per
Lat. In the civil law. A bastard; the offspring of promiscuous cohabi-itation.
A person sent into an enemy's camp ito inspect their works, ascertain their strength and their intentions, watch their movements, and secretly communicate intelligence to the prope
As used to designate a certain .portion of land within the limits of a city or town, this term may be synonymous with "block," that is, the smallest subdivision which is bounded on
- Squatterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
In American law. One who settles on another's land, particularly on public lands, without a title. See O'Donnell v. McIntyre, 16 Abb. N. C. (N. Y.) 84; Parkersburg Industrial Co. v
A contraction of "esquire."
An abbreviation used in that part of a record, pleading or affidavit, called the "statement of the venue." Commonly translated or read, "to-wit," and supposed to be a contraction o
A wound inflicted by a thrust with a pointed weapon. State v. Cody, 18 Or. 506, 23 Pac. 891; Ward v. State, 56 Ga. 410; Ruby v. State, 7 Mo. 208.
A writ called by that name, founded on a custom in Normandy, that where a man in power claimed lands in the possession of an inferior, he petitioned the prince that it might be put
A presumption will stand good till the contrary is proved. Hob. 297; Broom, Max. 949.
In forest law. One of the four evidences or presumptions whereby a man was convicted of an intent to steal the king's deer in the forest This was when a man was found at his standi
Lat In the civll law. A stable-keeper. Dig. 4, 9, 4, 1.
In old records. A dam or head made to stop a water-course. Cowell.
The following of cattle within a forest
ls a word which It has been attempted to introduce as a substitute for "the right of representation and performance," but it can hardly be said to be an accepted term of English or
A resident Cowell.
In old English law. A pool or pond. Co. Litt. 5a; Johnson v. Rayner, 6 Gray (Mass.) 110.
A deposit made to answer an event, as on a wager. See Harris v. White, 81 N. Y. 539; Porter v. Day, 71 Wis. 296, 37 N. W. 259; Mohr v. Miesen, 47 Minn. 228, 49 N. W. 862. —Stakehol
a person with whom money is deposited pending the decision of a bat or wager, (q. v.,) but it is more often used to mean a person who holds money or property which is claimed by ri
adj. In the language of the courts of equtty, a "stale" claim or demand Is one which has not been pressed or asserted for so long a time that the owner or creditor is chargeable wi
The llberty or right of pitching or erecting stalls in fairs or markets or the money paid for the same. 1 Steph. Comm. 664.
In Saxon law. The prœfectus stabuli, now master of the horse. Sometimes one who has a stall in a fair or market
An impression made by public authority, ip pursuance of law, upon paper or parchment, upon which certain legal proceedings, conveyances or contracts are required to be written, and
In English law. Acts regulat ing the stamps upon deeds, contracts, agreements, papers in law proceedings, bills and notes letters, receipts,' and other papers.
Duties imposed upon and raised from stamps upon parchment and paper, and forming a branch of the perpetual revenue of the kingdom. 1 Bl. Comm. 323.
In Scotch law. A resting placo; a field or place adjoining a drove-road, for resting and refreshing sheep and cattle on their journey. 7 Bell, App. Cas. 53, 57, 58.
- Standdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To abide; to submit to; as "to stand a trial." To remain as a thing is; to remain in force. Pleadings demurred to and held good are allowed to stand. To appear in court. —Standing
- Standarddefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An ensign or flag used in wav.
A weight or measure fixed and prescribed by law, to which all other weights and measures are required to correspond.
A practice by which, on the drawing of a jury for a criminal trial, the prosecuting officer puis aside a juror, provisionally, until the panel is exhausted, without disclosing his
used in law as implying knowledge, under such circumstances as rendered it the duty of the possessor to communicate it; and it is such knowledge, and not the, mere fact of "standin
A prisoner, arraigned for treason or felony, was said to "stand mute," when he refused to plead, or answered foreign to the purpose, or, after a plea of not guilty, would not put h
rules and forms regulating the procedure of the two houses of parliament, each having its own. They are of equal force in every parliament, except so far as they are altered or sus
A covenant to stand seised to uses is one by which the owner of an estate covenants to hold the same to the use of another person, usually a relative, and usually in consideration
A district which includes all parts of Devon and Cornwall where some tin work is situate and in actual operation. The tin miners of the stannaries have certain peculiar customs and
Courts in Devonshire and Cornwall for the administration of justice among the miners and tinners. These courts were held before the lord warden and his deputies by virtue of a priv
- Stapledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In English law. A mart or market. A place where the buying and selling of wool, lead, leather, and other articles were put under certain terms. 2 Rceve, Eng. Law, 393. In internati
An inn of chancery. See Inns of Chancery.
In maritime law. The right-hand side of a vessel when the observer faces forward. "Starboard tack," the course of vessel when she has the wind on her star-baard bow. Burrows v. Gow
- Star-Chamberdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Bouvier (1839)
Was a court which originally had jurisdiction in cases where the ordinary course of justice was so much obstructed by one party, through writs, combination of maintenance or overaw
Lat. To stand by decided cases; to uphold precedents; to maintain former adjudications. 1 Kent, Comm. 477.
Lat. To apricar before a tribunal, either as plaintiff or defendant.
The old term for contract or obligation among the Jews, being a corruption from the Hebrew word "shetar," a covenant. By an ordinance of Richard I., no starr was allowed to be vali
- Statedefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
n. A body politic or society of men, united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their combined strength. Co.oley, Const
A supervising officer of revenue in a state government, whose principal duty is the final auditing and settling of all claims against the state. State v. Doron, 5 Nev. 413.
Settled; closed. An account stated means an account settled, and at an end. Pull. Aco'ts, 33. "In order to constitute an account stated, there must be a statement of some cortain a
A meeting of a board of directors, board of officers, etc., held at the time appointed therefor by law, ordinance, by-law, or other regulation; as distinguished from "special" meet
A regular or ordinary term or session of a court for the dispatch of its general business, held at the time fixed by law or rule; as distinguished from a special tenn. held out of
In a general sense, an allegation; a declaration of matters of fact. The term has come to be used of a variety of formal narratives of facts, required by law in various jurisdictio
In English bankruptcy practice, a bankrupt or debtor who has presented a petition for liquidation or composition must produce at the first meeting of creditors a statement of his a
A written or printed statement by the plaintiff in an action in the English high court, showing the facts on which he relies to support his claim against the defendant, and the rel
In the practice of the English high court, where the defendant in an action does not demur to the whole of the plaintiff's claim, he delivers a pleading calied a "statement of defe
Formerly, when a master in chancery was directed by the court of chancery to make an inquiry or investigation into any matter arising out of a suit, and which conid nnt convenientl
In English lunacy practice, when a person has been found a lunatic, the next step is to submit to the master a scheme called a "state of facts and proposal," showing what is the po
Those whose duties concern the slate at large or the general public, or who are authorized to exercise their official functions throughout the entire state, without limitation to a
A narrative of the facts upon which the plaintiff relies, substituted for a more formal declaration, in suits in the interior courts. The phrase Is used in New Jersey.
A document prepared by, or relating to, the political department of the government of a state or nation, and concerning or affecting the administration of its government or its pol
- State's evidencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
A popular term for testimony given by an accomplice or joint participant in the commission of a crime tending to criminate or convict the others, and given under an actual or impli
A freeholder and farmer In Cumberland. Wharton.
A tax the proceeds of which are to be devoted to the expenses of .the state, as distinguished from taxation for local or municipal purposes. See Youngblood v. Sexton, 32 Mich. 413,
See State.
A work in thirty-three volumes octavo, contuining all English trinis for offenses against the state and others partaking in. some degree of that character, from the ninth year of H
Ray, Rice (S. C.) 4, 33 Am. Dec. 90.
Lat. Forthwith; immediately. In old English law, this term meant either "at once," or "within a legal time," i. e„ such time as permitted the legal and regular performance of the a
Exhibiting or listing in their order, the items which make up an account.
That part of a bill In chancery In which the plaintiff states the facts of his case; It is distinguished from the charging part of the blll and from the prayer.
- Stationdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
In the civil law. A place where ships may ride in safety. Dig. 50, 16, 59
In English law. The hall of the stationers' company, at which every person claiming copyright in a book must register his title, in order to be able to bring actions against persen
In English law. A government office established as a depariment of the treasury, for the purpose of supplying government offices with stationery and books, and of printing and publ
A statesman; a politician; one skilled in government
That part of political science which is concerned in collecting and arranging facts illustrative of the condition and resources of a state. The subject is sometimes divided into (1
The will of the people stands in place of a reason. People v. Draper, 25 Barb. (N. Y.) 344, 376.
The will stands in place of a reason. Sears v. Shafer, 1 Barb. (N. Y.) 408, 411; Farmers' Loan & Trust Co., v. Hunt, 16 Barb. (N. Y.) 514, 525.
Lat. In Roman law. One who is made free by will under a condition; one who has his llberty fixed and appointed at a certain time or on a certain condition. Dig. 40, 7.
Lat In Louisiana. Slaves for a time, who had acquired the right of being free at a time to come or on a condition which was not fulfilled or in a certain event which had not happen
- Statusdefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)
The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has
The assembly of the tenants in the court of the lord of a manor, in order to do their customary suit.
In English law. The right acquired by a pauper, after one year's residence in any parish, not to be removed therefrom.
The existing state of things at any given date. Status quo ante bellum, the state of things bsfore the war.
is that which is introduced or governed by statute law, as opposed to the common law or equity. Thus, a court is said to Lave statutory jurisdiction when jurisdiction is given to i
Jenk. Cent. 21. Statutes made for the publlc good ought to be liberally construed.