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
Statutes are confined to their own territory, and have no extraterritorial effect Woodworth v. Spring, 4 Allen (Mass.) 324.
- Statutedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
n. An act of the legislature; a particular law enacted and established by the will of the legislative department of government, expressed with the requisite formalities. In foreign
See De Donis, the Statute.
The English statute 1 Edw. II. St 2, (in Rev. St. 23 Edw. I.,) a still unrepealed statute, whereby it is felony for a felon to break prison, but misdemeanor only for a misdemeanant
In English law. A fair at which laborers of bath sexes stood and offered themselves for hire; sometimes calied also "Mop."
- Statute-merchantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
In English law. A security for a debt acknowledged to be due, entered into bsfore the chief magistrate of some trading town, pursuant to the statute 13 Edw. I. De Mercatoribus, by
In English law. The statute 39 & 40 Geo. III. c. 98, forbidding the accumulation, beyond a certain period, of property settled by deed or will.
In English law. A statute, otherwise called "Statutum de Mercatoribus," made at a parliament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edwa
An act of 11 iHen. VII. c. 1, requiring subjects to give their allegiance to the actual king for the time being, and protecting them in so doing.
See Distribution.
In English law. The stafute 13 Eliz. c. 5, against conveyances made in fraud of creditors.
See Frauds , Statute of.
The statute is the 6 Edw. I. c. 1, A. D. 1278. It takes its name from the place of its enactment, and was the first statute giving costs in actions.
See Laborer.
See Limitation.
An English statute enacted in 1267 (52 Hen. III.) at Marlbridge, (now called "Marlborough,") where parliament was then sitting. It related to land tenures, and to procedute, and to
An old English statute, relating to dower, legitimacy, wardships, procedure, inclosure of common, and usury. It was passed in 1235, (20 Hen. III.,) and was named from Merton, in Su
See Use.
A statute passed in the eighteenth year of Edward I. More commonly known as the "Statute of Quia Emptores," (q. v.) See Barring. Ole St 167-169.
In English law. The stafute 32 Hen. VIII. a 1, which enacted that all persons being seised in fee-simple (except femes covert, infants, idiots, and persons of non-sane memory might
A Statute passed in the thirteenth year of the reign of Edward I., by which the old Saxon law of police was enforced, with many additional provisions. 2 Reeve, Eng. Law, 163; Crabb
An important English statute passed at the city of York, in the twelfth year of Edward II., containing provisions on the subject of attorneys, witnesses, the taking of inquests by
A roll upon which an English statute, after receiving the royal assent, was formerly entered.
Stafutes printed in full and in the order of their enactment, in a collected form, as distinguished from any digest, revision, abridgment, or compilation of them. Thus the volumes
In English law. A security for a debt acknowledged to be due, so calied from its being entered into before the mayor of the staple, that is to say, the grand mart for the principal
Lat. In Roman law. Licensed or registered advocates ; members of the college of advocates. The number of these was limited, and they enjoyed special privileges from the time to Con
Relating to a statute; created or defined by a statute; required by a statute; conforming to a statute, —Statutory crime. See Crime. —Statutory dedication. See Dedication. —Statuto
See Crime.
Those created by statutes, as distinguished from such as are known to, cr cognizable by, the common law.
See Dedication.
When the language of a statute is ambiguous, and any subsequent enactment involves a particular interpretation of the former act, it is said to contain a statutory exposition of th
See Foreclosure.
An obligation—whether to pay money, perform certain acts, or discharge certain duties—which is created by or arises out of a stafute, as distinguished from one founded upon acts be
A conveyance which superseded thd old compound assurance by lease and release. It was created by St. 4 & 5 Viet. c. 21, which abolished the lease for a year.
Lat. In the civil law. Established; determined. A term applied to judicial action. Dig. 50, 16, 46, pr. In old English law. A statute; an act of parliament. —Statutum de mercatorib
Jenk. Cent. 24. An affirmative stafute does not derogate from the common law.
The statute of Acton Burnell, (q. v.)
- Statutum ex gratia regis dicitur, quando rex dignatur cedere de jnre sno regio, pro commodo et quiete populi suidefined inBlack's (1910)
2 Inst. 378. A statute is said to be by the grace of the king, when the king deigns to yield some portion of his royal rights for the good and quiet of his people.
- Statutum generaliter est intelligen-dnm quando verba statnti snnt specialia, ratio autem generalisdefined inBlack's (1910)
When the words of a statute are special, but the reason of it general, the statute is to be understood generally. 10 Coke, 101.
The statute 14 Hen. III. The third public act in the statute-book. It has been pronounced not to be a statute. In the form of it, it appears to be an instruction given by the king
In old English law. The statute session; a meeting in every hundred of constables and householders, by custom, for the ordering of servants, and debating of differences between mas
Jenk. Cent. 199. One special statute does not lake from another special statute.
The stafute of Wales. The title of a statute passed in the twelfth year of Edw. I., being a sort of constitution for the principality of Wnies, which was thereby, in a great measur
In old records. A store or stock of cattle. A term of common occurs rence in the accounts of monastic establishments. Spelman; Cowell.
- Staydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In practice. A stopping; the act of arresting a judicial proceeding, by the order of a court. See In re Schwarz (D. C.) 14 Fed. 788. —Stay laws. Acts of the legislature prescribing
Acts of the legislature prescribing a stay of execution in certain cases, or a stay of foreclosure of mortgagee, or closing the courts for a limited period, or providing that suits
- Stay of executiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
The stopping or arresting of execution on a judgment, that is, of the judgment-creditor's right to issue execution, for a limited period. This is given by statute in many jurisdict
The temporary suspension of the regular order of proceedings in a cause, by direction or order of the court, usually to await the action of one of the parties in regard to some omi
This term ls commonly used In indictments for larceny, ("lake, steal, and carry away,") and denotes the commission of theft. But, in popular usage, "stealing" seems to be a wider t
See Kidnapping.
Theft is so called by some ancient writers. "Stealth is the wrongful taking of goods without pretense of title." Finch, Law, b. 3, c. 17.
Insurance against the destruction of steam boilers by their explosion, sometimes including indemnity against injuries to other property resulting from such explosion.
In Scotch law. Corns, cattle, straw, and implements of husbandry delivered by a landlord to his tenant, by which the tenant is enabled to stock and labar the farm; in consideration
Fr. In French law. A party who fraudulently mortgages property to which he has no title.
In Scotch law. The crime of aliening the same subject to different persens. 2 Kames, Eq. 40.
Lat. In the civil law. A general name for any kind of fraud not falling under any specific class. But the term is chiefly applied to fraud practiced in the sale or pledging of prop
One who is skilled in the art of short-hand writing; one whose business is to write in short-hand. See Ry-nerson v. Allison, 30 S. C. 534, 9 S. E. 656; In re Appropriations for Dep
The daughter of one's wife by a former husband or of one's husband by a former wlfe.
Tbe man who marries a widow, she having a child by her former marriage, is step-father to Buch chlld.
The woman who marries a widower, he having a child by his former wlfe, becomes step-mother to such child.
The sen of one's wife by a former husband or of one's husband by a former wife.
The breaking, obstructing, or straitening of a way. Termes de la Ley.
A French measure of solidity, used in measuring wood. It is a cubic meter.
Barrenness; incapacity to produce a child.
In English law. Current or standard coin, especially silver coin; a standard of coinage,
If the plaintiff in a plaint in the mayor's court of London has attached property belonging to the defendant and obtained execution against the garnishee, the defendant, if he wish
Stet processus is an entry on the roll in the nature of a judgment of a direction that all further proceedings shall be stayed, (i. e., that the process may stand,) and it is one o
A person employed in loaning and unloading vessels. The Senator (D. Ct) 21 Fed. 191; Rankin v. Merchants' & M. Transp. Co., 73 Ga. 232, 54 Am. Rep. 874; The Elton, 83 Fed 521, 31 G
This word signifies a man appointed in the place or stead of another, and generally denotes a principal officer within his Jurisdiction. Brown. —Laud steward. See Land. —Steward of
In old English law. An officer who was invested with various powers ; among others, to preside on the trini of peers.
An important officer who has the general management of all forensic matters connected with the manor of which he is steward. He stands in much the same relation to the lord of the
An officer of the highest dignity and trust. He administered the crown revenues, superintended the affairs of the household, and possessed the privilege of holding the first place
In Scotch law, is said to be equivalent to the English "county." See Brown.
Certain brothels anciently permitted in England, suppressed by Henry VIII. Also, breeding places for tame pheasants.
In the old books. To stop; to hesitate; to accede with reluctance. "The court stuck a llttle at this exception." 2 Show. 491.
(1) An inferior officer who cuts wood within the royal parks of Clarendon. Cowell. (2) An arbitrator. (3) An obstinate contender about anything.
Agreeing, in consideration of receiving a pecuniary or other advantage, to abstain from prosecuting a person for an offense not giving rise to a civll remedy; e. p., perjury. Sweet
A stillborn child ls one born dead or in such an early stage of pregnancy as to be incapable of living, though not actually dead at the time of birth. Children born within the firs
Lat In the civil law. The drip of water from the eaves of a house. The servitude stillicidii consists in the right to have the water drip from one's eaves upon the house or ground
In Saxon law. The estimation or valuation of the head; the price or value of a man. By the laws of Athelstan, the life of every man not excepting that of the king himself, was esti
The weight of a past offense is never increased by a subsequent fact. Bacon.
- Stintdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In English law. Limit; a llm-ited number. Used as descriptive of a species of common. See Common sans Nombre.
A salary; settled pay. Man-gam v. Brooklyn, 98 N. Y. 507, 50 Am. Rep. 705. In English and Scotch law. A provision made for the support of the clergy.
Estates granted in return for services, generally of a military kind. 1 Steph. Comm. 174.
In English law. Paid magistrates; appointed in London and some other cities and boroughs, and having in general the powers and jurisdiction of justices of the peace.
Lat In the civll law. The pay of a soldier; wages; stipend. Calvin.
Lat In old English law. Stock; a stock; a source of descent or title. Communis stipes, the common stock. Fleta, llb. 6, c. 2.
Relating to stirpes, roots or stocks. "Stipital distribution" of property is distribution per stirpes; that is, by right of representation.
Liquidated damage, (q. v.)
Lat. In the Roman law, stipulatio was the verbal contract, (verbis oUigatio,) and was the most solemn and formal of all the contracts in that system of jurisprudence. It was entere
A particular application of the stipulatio, which was used to collect together into one verbal contract all the liabilities of every kind and quality of the debtor, with a view to
- Stipulationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
A material article in an agrcement. In practice. An engagement or undertaking In writing, to do a certain act; as to try a cause at a certain time. 1 Burrill, Pr. 389. The name "st
In the civil law. The party who asked the question in the contract of stipulation; the other party or he who answered, being called the "promissor." But, in a more general sense, t
- Stirpsdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat. A root or stock of descent or title. Taking property by right of representation is called "succession per stirpes," in opposition to inking in one's own right or as a principa
- Stockdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In mercantile law. The goods and wares of a merchant or tradesman, kept for sale and traffic. In a larger sense. The capital of a merchant or other person, including his merchandis
A joint-stock company, (q. v.)
One who buys and sells stock as the agent of others. Banta v. Chicago, 172 111. 204, 50 N. E. 233, 40 L. R. A. 611; Little Rock v. Barton, 33 Ark. 486; Gast v. Buckley (Ky.) 64 S.
A corporation having a capital stock divided into shares, and which is authorized by law to distribute to the holders thereof dividends or shares of the surplus profits of the corp
One paid in stock, that is, not in money, but in a proportional number of shares of the capital stock of the company, which is ordinarily increased for this purpose to & correspond
A voluntary association of persons (not usually a corporation) who, for convenience in the transaction of business with each other, have associated themselves to provide a common .