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 person who owns shares of stock in a corporation or joint-stock company. See Mills v. Stewart, 41 N. Y. 386; Ross v. Knapp, etc., Co., 77 III. App. 424; Corwith v. Culver, 69 III
A dealer in stock; one who buys and sells stock on his own account on speculation. State v. Debenture Co., 51 La. Ann. 1874, 26 South. 600.
The term "stock-note" has no technical meahing, and may as well apply to a note given on the sale of stock which the bank had purchased or taken in the payment of doubtful debts as
- Stocksdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A machine consisting of two pieces of timber, arranged to be fastened together, and holding fast the legs of a person placed in it This was an ancient method of punishment.
The name of an order grantable in English chancery practice, to prevent drawing out a fund in court to the prejudice of an assignee or lienholder.
In the civil law. Compensation or set-off.
- Stoppage In Transitudefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)
The act by which the unpaid vendor of goods stops their progress and resumes possession of them, while they are in course of transit from him to the purchaser, and not yet actually
Storing ls the keeping merchandise for safe custody, to be delivered in the same condition as when received, where the safe-keeping is the principal object of deposit, and not the
The supplies of different articles provided for the subsistence and accommodation of a ship's crew and passengers.
In Scotch law. Formerly this word included every species of theft accompanied with violence to the persen, but of late years it has become the vox signata for forcible and masterfu
In maritime law. The storing, packing or arranging of the cargo in a ship, in such a manner as to protect the goods from triction, bruising or damage from leakage. Money paid for a
In old English law. A valley. Co. Litt 4b.
- Straddledefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
In stock-brokers' parlance the term means the double privilege of a "put" and a "call," and secures to the holder the right to demand of the seller at a certain price within a cert
L. Lat. A man of straw, one of no substance, put forward as bail or surety.
A shore or bank of the sea or a river. Doane v. Willcutt, 5 Gray (Mass.) 335, 66 Am. Dec. 369; Bell v. Hayes, 60 App. Div. 382, 69 NY. Supp. 898; Stillman v. Bur-feind, 21 App. Div
In maritime law. The drifting, driving or running aground of a ship on a shore or strand. Accidental stranding takes place where the ship is driven on shore by the winds and waves.
Any person not within the consideration of natural love and affection arising from relationship.
By this term is intended third persons generally. Thus the persons bound by a fine are parties, privies, and strangers; the parties are either the cogni-zors or cognizees; the priv
A deception either by words or actions, in times of war, in order to obtain an advantage over an enemy.
A military government; government by military chiefs of an army.
In old English law. A surveyor of the highways.
See Bail.
- Straydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
See Estray.
A current of water; a body of flowing water. The word, in its ordinary sense, includes rivers. But Caliis defines a stream "a current of waters running over the level at random, an
The process of working tin in Cornwall and Devon. The right to stream must not be exercised so as to interfere with the rights of other private individuals; e. g., eithor by withdr
An urban way or thoroughfare; a road or public way in a city, town or village, generally paved, and lined or intended to be lined by houses on each side. See U. S. v. Bain, 24 Fed.
In the old books. To narrow or restrict. "The habendum should not streighten the devlse." 1 Leon. 58.
In old records. Estrepement or strip; a species of waste or destruction of property. Spelman.
Turbulent conduct in a court of justice, Jacob.
As to strict "Construction," :Foreclosure," and "Settlement," see those titles.
A decree of strict foreclosure of a mortgage finds the amount due under the mortgage, orders its payment within a certain limited time, and provides that, in default of such paymen
Lat. Of strict right or law ; according to strict law. "A license is a thing stricti juris; a privilege which a man does not possess by his own right, but it is conceded to him as
Lat. Of the strictest right or law. "Licenses being matter of special indulgence, the application of them was formerly strictissimi juris." 1 Edw. Adm. 328.
Lat. In strict law. 1 Kent, Comm. 65.
- Strict settlementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
This phrase was formerly used to denote a settlement whereby land was limited to a parent for life, and after his death to his first and other sons or children in tail, with truste
Lat Strict right or law; the rigor of the law as distinguished from equity.
- Strikedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
The act of a body of workmen employed by the same master, in stopping work all together at a prearranged time, and refusing to continue until higher wages or shorter time or some o
In common parlance, and in the language of the auction-room, property is understood to be "struck off" or "knocked down," when the auctioneer, by the fall of his hammer or by any o
In English practice. The first step in the proceedings in bankruptcy, which consists in making affidavit of the debt, and giving a bond to follow up the proceedings with effect. 2
- Striking A Jurydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
The selecting or nominating a jury ot twelve men out ot the whole number returned as jurors on the panel. It is especially used of the selection of a special jury, where a panel of
The disbarring of an attorney or solicitor.
The act of spoiling or uniawfui-ly taking away anything from the land, by the tenant tor lite or years or by one holding an estate in the land less than the entire tee. Pub. St Mas
The words "with strong hand" imply a degree of criminal force, whereas the words vt et armis ("with force and arms") are mere formal words in the action of trespass, and the plaint
In pleading. A word essential in an indictment for murder, when the death arises from any wounding, beating or bruising. 1 Bulst 184; 5 Coke, 122; 3 Mod. 202.
- Struck Jurydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
See Striking a Just.
A whore, harlot or courtesan. This word was anciently used for an addition It occurs as an addition to the name of a woman in a return made by a jury in the sixth year of Henry V.
The professional robe worn by barristers of the outer bar; viz., those who have not bcen admitted to the rank of king's counsel. Brown.
To make one out mentaliy incapacitated for the performance of an act.
Lat. In old English law. Vicious pleading, for which a fine was imposed by King John, supposed to be the origin of the fines for beau-pleader. Crabb, Eng. Law, 135.
The sum agreed to be paid to an owner of land for trees standing (or lying) upon his land, the purchaser being permitted to enter upon the land and to cut down and remove the trees
Lat In the civll law. Unlawful intercourse with a woman. Distinguished from adultery as being committed with a virgin or widow. Dig. 48, 5, 6.
A royal fish which, when either thrown ashore or caught near the coast, is the property of the sovereign. 2 Steph. Comm, l9n, 540.
As a verb, to call, name or entitle one; as a noun, the title or appellation of a person.
That which may be sued.
Lat. In its own nature. 8uapte natura sterilis, barren in its own nature and quality; intrinsically barren. 5 Maule & S. 170.
Lat Of his or its own will or motion; voluntarily; without prompting or suggestion.
Lat. Under; upon. —Sub colore juris. Under color of right; under a show or appearance of right or rightful power. —Suh conditione. Upon condition. The proper words to express a con
An under-agent; a substituted agent; an agent appointed by one who is himself an agent. 2 Kent, Comm. 633.
An inferior or subordinate officer. An officer who exercises his authority under the superintendence and control of a superior.
In old English law. An under-bailiff; a sheriff's deputy. Fleta, lib. 2, c. 68, § 2.
Coppice-wood. 2 Inst. 642.
Under color of right; under a show or appearance of right or rightful power.
See Contract.
In the alternative. Fleta, lib. 2, c. 60, § 21. —-Sub ju-diee. Under or bsfore a judge or ceurt; under judicial consideration; undetermined 12 East, 409.
Lat In old English law. A vassal; a dependent; any one under the power of another. Spelman.
To divide a part into smaller parts; to separate into smaller divisions. As, where an estate is to be token by some of the heirs per stirpes, it is divided and subdivided according
In English probate practice, to subduct a caveat is to withdraw it.
Lat In the civil law. To sell at public auction, which was done sub hasta, under a spear; to put or sell under the spear. Calvim
Lat. In the civil law. A sale by public auction, which was done under a spear, fixed up at the place of sale as a public sign of it Calvin.
- Subinfeudationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The system which the feudal tenants introduced of granting smaller estates out of those which they held of their lord, to be held of themselves as inferior lords. As this system wa
- Subjectdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
In logic. That concerning which the affirmation in a proposition is made; the first word in a proposition. An individual matter considored as the object of legislation. The constit
The obligation of one or more persons to act at the discretion or according to the judgment and will of others.
The thing in controversy or the matter spoken or written about.
Co. Litt. 303. The cause being removed the effect ceases.
When respect for magistrates is taken away, the commonwealth fnils. Jenk. Cent. p. 43, case 81.
Jenk. Co.nt. 106. The foundation being removed, the superstructure falls.
When the principal is taken away, the incident is token also. Ch Litt. 389a.
A lease by a tenant to another person of a part of the premises held by him; an under-lease.
One executed by the lessee of an estate to a third person, conveying the same estate for a shorter term than that for which the lessee holds it.
A yielding to authority. A citizen is bound to submit to the laws; a child to his parente. In practice. A submission is a covenant by which persens who have a lawsuit or dlf-ferenc
The bond by which the parties agree to submit their matters to arbitration, and by which they bind themselves to abide by the award of the arbitrator, is commonly called a "submiss
To propound; as an advocate submits a proposition for the approval of the court Applied to a controversy, it means to place it before a tribunal for determination.
When a person who holds a mortgage as security for a loan which he has made, procures a loan to himself from a third person, and pledges his mortgage as security, he effects what i
To ham-string by cutting the sinews of the legs and thighs. It was an old custom meretrices et impudicas mulieres subnervare. Wharton.
Under the name; in the name of; under the title of.
In the civll law. The answers of the prince to questions which had bcen put to him respecting seme obscure or doubtful point of law.
In criminal law. To procure another to commit perjury. Stephi Crim. Law, 74.
- Subornation of Perjurydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In criminal law. The offense of prochring another to take such a false oath as would constitute perjury in the principal. See Stone v. State, 118 Ga. 705, 45 S. E. 630, 98 Am. St.
One who suborns or procures another to commit any crime, particularly to commit perjury.
One formed where one partner in a firm makes a stranger a partner with him in his share of the profits of that firm.
Under the foot of the seal; under seal. 1 Strange, 52l.t
The process by which the attendance of a witness is required is called a "subpoena." It is a writ or order directed to a person, and requiring hls attendance at a particular time a
Subpoena to testify. The common subpoena requiring the attendance of a witness on a trial, inquisition, or examination. 3 Bl. Comm. 369; In re Strauss, 30 App. Div. 610, 52 1ST. Y.
A subpoena used, not only for the purpose of compelling wiinesses to attend in court, but also requiring them to bring with them books or documents which may be in their possession
Under, or subject to, the power of another; used of a wife, child, slave, or other person not sui juris.
Lat In the civil law. Obtaining glfts of escheat, etc., from the king by concealing the truth. Bell; Calvin.
In French law. The fraud committed to obtain a pardon, title or grant, by alleging facts contrary to truth.
- Subrogationdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)Abbott (1879)
The substitution of one thing for another or of one persen into the place of another with respect to rights, claims or securities. Subrogation is of two kinds, either conventional
A person who Is subrogated; one who succeeds to the rights of another by subrogation.
Under safe and secare conduct. 1 Strange, 480. Words in the old writ of habeas corpus.