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
- Total Lossdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In marine insurance, a total loss is the entire destruction or loss, to the insured, of the subject-matter of the policy, by the risks insured against As to the distinction betwcen
Lat In so many words.
Lat As often as occasion shall arise.
Lat. With all one's might or power; with nil his might; very strenuously.
A good debt to the crown, i. e., a debt paid to the sheriff, to be by him paid over to the king. Cowell; Mozley & Whitley.
3 Coke, 41. The whole is preferable to any single part.
In insurance law. To stop at a port If there be liberty granted by the policy to touch or to touch and stay, at an intermediate port on the passage, the better opinion now is that
It was an ancient superstition that the body of a murdered man would bleed freshly when touched by his murderer. Hence, in old criminal law, this was resorted to as a means of asce
In Fr. Always and still ready. Tills la the name of a plea of tender.
In French law. An casement consisting of the right to rest ladders upon the adjoining estate, when necessary in order to repair a party-wuil or buildings supported by it. Also the
In old English law. A court of record, having criminal jurisdiction, in each county, held before the sheriff, twice a year, in one place after another, following a certain circuit
Fr. All; whole; entirely. Tout temps prist, always ready.
Everything is permitted which is not forbidden by law.
In Fr. Always ready. The emphatic words of the old plea of tender; the defendant alleging that he has always been ready, and still is ready, to discharge the debt. 3 Bl. Comm. 303;
L. Fr. All one sound; sounding the same; idem sonans.
The act or service of towing ships and vessels, usually by means of a small stcamer called a "tug." That which is given for towing ships In rivers. Towage is the drawing a ship or
In admiralty law. A service rendered to a vessel, by towing, for the mere purpose of expediting her voyage, without reference to any circumstances of danger. It is confined to vess
- To-Witdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
That is to say; namely; scilicet; videlicet.
- Towndefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In English law. Originally, a vill or tithing; but now a generic term, which comprehends under it the several species of cities, boroughs, and common towns. 1 Bl. Comm. 114. In Ame
Under the prohibitory liquor laws in force in some of the New England states a town agent ls a person appointed in each town to purchase intoxicating liquors for the town and havin
See Town.
In several states, an officer having the powers and duties of a chief constable or head of the police department of a town or village.
1. In surveys of the public land of the United States, a "township" is a division of territory six mlles square, containing thirty-six sections. 2. In some of the states, this is t
One of a board of officers to whom, in some states, affairs of a township are intrusted.
Blood-poisoning; the condition of the system caused by the presence of toxic agents in the circulation ; including both septicemia and pyæ-mta.
(Lat. toxicum; Gr. toxikon.) In medical jurisprudence. Poisonous; having the character or producing the effects of a poison; referable to a poison; produced by or resulting from a
Poisonous; containing poison.
A poison; a toxic agent; any substance capable of producing toxica-tion or poisoning.
To poison. Not used to describe the act of one who administers a poison, but the action of the drug or poison Itself. —Intoxication. The state of being poisoned; the condition prod
Such as are caused by the action of a poison on the nervous system.
Weakness of mind or feeble cerebral activity, approaching imbecility, resulting from continued use or administration of slow poisons or of the more active poisons in repeated small
The science of poisons; that department of medical science which treats of poisons, their effect, their recognition, their antidotes, and generally of the diagnosis and therapeutic
An excessive addiction to the use of toxic or poisonous drugs or other substances; a form of mania or affective insanity characterized by an irresistible impulse to indulgence in o
A diseased state of the system due to the presence.and action of any poison.
In its widest sense, this term may denote any poison or toxicant; but as used in pathology and medical jurisprudence it signifies, in general, any diffusible alka-loidal substance
Morbid dread of being poisoned ; a form of insanity manifesting itself by an excessive and unfounded apprehension of death by poison.
Lat In the civil law. A ibsam or rafter of a house. Calvin. In old English law. A measure of grain, containing twenty-four sheaves; a thrave. Spelman.
In old English law. The track or trace of a felon, by which he was pursued with the hue and cry; a foot-step, hoof-print or wheel-track. Bract fols. 116, 131b.
- Tractdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
A lot, piece or parcel of land, of greater or less size, the term not importing, in itself, any precise dimension. See Edwards v. Derrickson, 28 N. J. Law, 45.
Let smiths perform the work of smiths. 3 Co. Epist.
- Tradas In Balliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
You deliver to ball. In old English practice. The name of a writ which might be issued in behalf of a party who, upon the writ de odio et atia, had been found to have been maliciou
- Tradedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The act or business of exchanging cemfnodities by barter; or the business of buying and selling for money; traffic; barter. Webster; May v. Sloan, 101 U. S. 237, 25 In Ed. 797; In
A silver coin of the United States, of the weight of four hundred and twenty grains, troy. Rev. St. U. S. § 3513 (U. S. Comp. St. 1901, p. 2345).
See Fixtures.
A distinctive mark, motto, device or emblem, which a manufacturer stamps, prints or otherwise affixes to the goods he produces, so that they may be Identified in the market, and th
This is the statute 38 & 39 Viet. c. 91, amended by the acts of 1876 and 1877. It provides for the establishment of a register of trade-marks under the superintendence of the commi
A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a particular person. The name may be
- Traderdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
A person engaged in trade; one whose business is to buy and sell merchandise or any class of goods, deriving a profit from his dealings. 2 Kent, Comm. 389; State v. Chabourn, 80 N.
In England, a shop keeper; a small shop-keeper. In the United States, a mechanic or artificer of any kind, whose livelihood depends uj>-on the labar of his hands. Richie v. McCaule
A combination or association of men employed in the same trade, (usually a manual or mechanical trade,) united for the purpose of regulating the customs and standards of their trad
The statute 34 & 35 Viet. c. 31, passed in 1871, for the purpose of giving legal recognition to trade unions, is town as the "trade-union act," or "trade-union funds protection act
The usage or customs commonly observed by persons conversant in, or connected with, a particular trade.
Span. In Spanish law. Delivery. White, New Recop. b. 2, tit 2, c. 9.
Engaging In trade, (q. v.;) pursuing the business or occupation of trade or of a trader. —Trading corporation. See Corporation. —Trading partnership. Whenever the business of a fir
See Corporation.
Whenever the business of a firm, according to the usual modes of conducting it, imports, in its nature, the necessity of buying and selling, the firm is properly regarded as a "tra
One which contemplates the touching and stopping of the vessel at various ports for the purpose of traffic or sale and purchase or exchange of commodities on account of the owners
Lat In the civll law. Delivery; transfer of possession; a derivative mode of acquiring, by which the owner of a corporeal thing, having the right and the will of aliening it, trans
A species of constructive or implied delivery. When he who already holds possession of a thing in another's name agrees with that other that thenceforth he shall possess it in his
Delivery of keys; a symbolical kind of delivery, by which the ownership of merchandise in a warehouse might be transferred to a buyer. Inst. 2, 1, 44.
A species of delivery which takes place where the transferor places the article in the hands of the transferee, or, on his order, delivers it at his house. Mackeld. Rom. Law, § 284
Delivery makes a deed speak. 5 Coke, la. Delivery gives effect to the words of a deed. Id.
Delivery. A close translation or formation from the Latin "traditio." 2 Bl. Comm. 307. The tradition or delivery is the transferring of the thing sold into the power and possession
Evidence derived from tradition or reputation or the statements formerly made by persons since deceased, in regard to questions of pedigree, ancient boundaries, and the like, where
- Traditio nihil amplius transferre dehet vel potest, ad eum qui accipit, quam est apud eum qui traditdefined inBlack's (1910)
Delivery ought to, and can, transfer nothing more to him who receives than is with him who delivers. Dig. 41, 1, 20, pr.
Delivery of the thing. See 5 Maule & S. 82.
In Old English law. A traitor; one guilty of high treason. Fleta, lib. 1, c. 21, § 8.
In old practice. Is delivered to ball. Emphatic words of the old Latin ball-piece. 1 Salk. 105.
Co.mmerce; trade; dealings in merchandise, bills, money, and the like. See In re Insurance Co.. (D. C.) 96 Fed. 757 ; Levine v. Sinte, 35 Tex. Cr. R. 647, 34 S. W. 969; People v. H
Lat. In French law. The drawer of a bill. Story, Bills, § 12, note.
Justices of trail-bas-ton were justices appointed by King Edward I., during his absence in the Scotch and French wars, about the year 1305. They were so styled, says Hollingshed, f
The militia; the part of a cemmunity trained to martial exercises.
In old Scotch law. A roll containing the particular dittay taken up upon malefactors, which, with the porteous, is delivered by the justice clerk to the coroner, to the effect that
- Traitordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
One who, being trusted, betrays ; one gullty of treason.
In criminal pleading. An essential word in indictments for treason. The offense must be laid to have been committed traitorously. Whart. Crim. Law, 100.
Lat In the civll law. Sent across the sen.
A strolling beggar; a vagrant or vagabond. See State v. Hogan, 63 Ohio St. 202, 58 N. E. 572, 52 In R. A. 863, 81 Am. St. Rep. 626; Miller v. State, 73 Ind, 92; Railway Co. v. Boyl
Balls for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and convey the traffic. Wharton.
In Scotch law. To compound. Amb. 185.
Lat In the civll law. The settlement of a suit or matter in controversy, by the litigating parties, between themselves, without referring it to arbitration. Hallifax, Civil Law, b.
In the civil law. A transaction or compromise is an agreement betwcen two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual co
- Transcriptdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
An official copy of certain proceedings in a couch Thus, any person interested in a judgment or other record of a court can obtain a transcript of it. U. S. v. Gaussen, 19 Wall. 21
A writ which certified the foot of a fine levied bsfore Justices in eyre, etc., into the chancery. Reg. Orig. 669.
An old writ to certify a cognizance taken by Justices in eyre. Reg. Orig. 152.
- Transferdefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
n. The passing of a thing or of property from one person to another; alienation; conveyance. 2 Bl. Comm. 294. Transfer is an act of the parties, or of the law, by which the title t
A term used in a quasi legal sense, to indicate that the character of assignability or negotiability attaches to the particular instrument or that it may pass from hand to hand, ca
- Transfereedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
He to whom a transfer is made.
In Scetch law. The proceeding to be taken upon the death of one of the parties to a pending snit, whereby the action is transferred or continued, in its then condition, from the de
The removal of a cause from the jurisdiction of one court or judge to another by lawful authority.
One who makes a transfer.
A tax upon transfers of property by will or inheritance; a tax upon the passing of the title to property or a valuable interest therein out of or from the estate of a decedent, by
- Transferuntur dominia siue titulo ct traditione, per usucaptionem, soil, per longam continuam et pacificam possessionemdefined inBlack's (1910)
Co. Litt. 113. Rights of dominion are transferred without title or delivery, by usucaption, to-wit, long and quiet possession.
Lat. In old English law. A crossing of the strait, [of Dover;] a passing or sailing over from Englahd to France. The royal passages or voyages to Gascony, Brittany, and other parts
In old English law. A violation of law. Also trespass; the action of trespass.
- Transgressio est cum modus non servatur nec mensura, debit enim quilibet in suo facto modnm habere et mensuramdefined inBlack's (1910)
Co. Litt. 37. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure.
In old English law. A writ or action of trespass.
When transgression is multiplied, let the infliction of punishment be increased. 2 Inst. 479.
See Trust.
- Transhipmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In maritime law. The act of taking the cargo out of one ship and loading it in another.
In poor-laws. A "transient person" is not exactly a person on a journey from one known place to another, but rather a wanderer ever on the tramp. Middlebury v. Waltham, 6 Vt. 203;