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
- Transiredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
n. In English law. A warrant or permit for the custom-house .to let goods pass. v. Lat To go or pass over; to pass from one thing, person or placo to another.
It passes into a matter adjudged; it becomes converted into a res judicata or judgment. A. contract upon which a judgment is obtained is said to pass in rem judicatam. United State
See Covenant.
Passing from place to place; that may pass or be changed from one place to another; not confined to one placo; the opposite of "locui." —Transitory action. Actions are said to be e
- Transitory actiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Abbott (1879)Bouvier (1839)
Actions are said to be either local or transitory. An action is "local," when the principal facts on which it is founded pertain to a particular place. An action is termed "transit
Land passes subject to any burden affecting it Co.. Litt. 231a; Broom, Max. 495, 706.
Lat Passage from one place to another; transit In transitu, on the passage, transit or way. 2 Kent, Comm. 543.
Span. A transcript.
The reproduction in one language of a book, document or speech delivered in another language. The transfer of property ; but in this sense It is seldom used. 2 Bl. Comm. 294. In ec
Lab In Roman law. The prætor, on his aceession to office, did not usually publish an entirely new edict, but retained the whole or a part of that promulgated by his predecesser, as
A fact by means of which a right is transferred or passes from one person to another; one, that is, which fulfills the double function of terminating the right of one person to an
In the civil law. The right which heirs or legatees may have of passing to their successors the inheritance or legacy to which they were entitled, if they happen to die without hav
In old New York law. A conveyance of land.
The removal of goods or persons from one place to another, by a carrier. See Railroad Co. v. Pratt, 22 Wall. 133, 22 In Ed. 827; Interstate Commerce Comin v. Brimson, 154 U. S. 447
In Scotch law, an action of transumpt is an action competent to any one baving a partial interest in a writing or immediate use for it, to support his title or defenses in other ac
In Spanish law. A copy; a sight. White, New Recop. b. 3, tit. 7, c. 3. A copy of a document taken by the notary from the original, or a subsequent copy taken from the protocol, and
Drawing; one who draws. The drawer of a bill of exchange.
One who is drawn or drawn upon. The drawee of a bill of exchange. Heinecc. de Camb. c. 6, §§ 5, 6.
In medical Jurisprudence. A wound; any injury to the body caused by external vlolenco. —Traumatic. Caused by or resulting from a wound or any external injury; as, traumatic insanit
Caused by or resulting from a wound or any external injury; as, traumatic insanity, produced by an injury to or fracture of the skull with consequent pressure on the brain.
A diseased condition of the body or any part of it caused by a wound or external injury.
The act of child-bearing. A woman is said to be in her travail from the time the pains of child-bearing commence until her delivery. Scott v. Donovan, 153 Mass. 378, 26 N. E. 871.
To go from one place to another at a distance; to journey; spoken of voluntary change of place. See White v. Beazley, 1 Bara. & -Aid. 171; Hancock v. Rand, 94 N. Y. 1, 46 Am. Rep.
The term is used in a broad sense to designate those who patronise inns. Traveler is one who travels in any way. Distance is not material. A townsman or neighbor may be a traveler,
- Traversedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
In the language of pleading, a traverse signifies a denial. Thns, where a defendant denies any material allegation of fact in the plaintiff's declaration, he is said to traverse it
A petit jury ; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury.
The taking issue upon and contradicting or denying some chief point of it. Jacob.
The proving that an inquisition made of lands or goods by the escheator is defective and untruly made. Tomlins. It is the challenging, by a subject, of an inquest of office, as bei
In pleading. One who traverses or denies. A prisoner or party indicted; so called from his traversing the indictment.
One growing out of the same point or subject-matter as is embraced in a preceding traverse on the other side.
This is a pleading in chancery, and consists of a denial put in by the plaintiff on behalf of the defendant, generally denying all the statements in the plaintiff's bill. The effec
- T.R.E.defined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
An abbreviation of "Tempore Regis Edtoardi," (in the time of King Edward,) of common occurrence in Domesday, when the valuation of manors, as it was in the time of Edward the Confe
A traitor.
Is an instrument of prison discipline, being a wheel or cylinder with an horizontal axis, having steps attached to it, up which the prisoners walk, and thus put the axis in motion.
- Treasondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The offense of attempting to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power. Webster. In E
Having the nature or guilt of treason.
A treasure is a thing hidden or buried in the earth, on which no one can prove his property, and which is discovered by chance. Civil Code La. art. 3423, par. 2. See Treasure-Trove
An officer of a public or private corporation, company or government, charged with the receipt, custody, and disbursement of its moneys or funds. See State v. Eames, 39 La. Ann. 98
Formerly the chief treasurer of England, who had charge of the moneys in the exchequer, the chancellor of the exchequer being under him. He appointed ali revenue officers and esche
In English law. He whose charge was to put the lord treasurer and the rest of the judges of the exchequer in remembrance of such things as were called on and dealt in for the sover
- Treasure-Trovedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Literally, treasure found. Money or coin, gold, silver, plate or bullion found hidden in the earth or other private place, the owner thereof being unknown. 1 Bl. Comm. 295. Calied
A place or building In which stores of wealth are reposited; particularly, a place where the public revenues are deposited and kept, and where money is disbursed to defray the expe
In the English house of commons, the first row of seats on the right hand of the speaker is so called, because occupied by the first lord of the treasury or principal minister of t
A fund, in England, originating in the unusual balances of certain granis of public money, and which is used for banking and loan purposes by the commissioners of the treasury. Its
A note or bill issued by the treasury department by the authority of the United States government, and circulating as money. See Brown v. State, 120 Ala. 342, 25 South. 182.
- Treatydefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
In international law. An agreement between two or more independent states. Brande. An agreement, league, or contract betwcen two or more nations or sovereigns, formally signed by c
A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace and regula
A treaty signed on May 8, 1871, between Great Britain and the United1 States of America, with reference to certain differences arising out of the war between the northern and south
In consequence of this article, the trebellanic portion of the civil law—that is to say, the portion of the property of the testator which the instituted heir had a right to detain
- Treble Costsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
See Costs.
- Treble Damagesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In practice. Damages given by statute in certain cases, consisting of the single damages found by the Jury, actually tripled in amount The usual practice has been for the jury to f
- Trebucketdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Bouvier (1839)
A tumbrel, castigatory or cucking-stool. See James v. Comm., 12 Serg. & R. (Pa.) 227.
In old English law. Fine wheat.
In old records. The season or time of sowing summer corn, being about March, the third month, to which the word may allude. Cowell.
L. Fr. A great-great-grandfather. Britt c. 119. Otherwise written "tresaiel," and "tresayle." 3 Bl. Comm. 186; Litt § 20.
An abolished writ sued on ouster by abatement, on the death of the grandfather's grandfather.
Three make a corporation; three members are requisite to constitute a corporation. Dig. 50, 16, 8; 1 Bl. Comm. 469.
- Trespassdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
Any misfeasance or act of one man whereby another is injuriously treated or damnified. 3 Bl. Comm. 208. An injury or misfeasance to the person, property, or rights of another perso
' (Trespass for goods carried away.) In practice. The technical name of that species of action of trespass for injuries to personal property which lies where the injury consists in
One who has committed trespass; one who unlawfully enters or intrudes upon another's land or unlawfully and forcibly takes another's personal property. —Joint trespassers. Two or m
Trespasser from the beginning. A term applied to a tort-feasor whose acts relate back so as to make a previous act, at the time innocent, unlawful; as, if he enter peaceably, and s
A form of action supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occ
"Trespass wherefore he broke the close." The common-law action for damages for an unlawful entry or trespass upon the plaintiff's land. In the Latin form of the writ, the defendant
The name of the action used in several of the states for the recovery of the possession of real property, with damages for any trespass committed upon the same by the defendant.
Trespass with force and arms. The common-law action for damages for any injury committed by the defendant with direct and immediate force or violence against the plaintiff or his p
In old English law. To turn aside; to divert a stream from its course. Bract, fols. 115, 234b. To turn or alter the course of a road. Cowell.
Lat. In Roman law. Officers who had the charge of prisons, and the execution of condemned criminals. Calvin
An allowance made for the water or dust that may be mixed with any commodity. It differs from tare, (g. v.)
In old English law. A trithing; the court of a trithing.
Withdrawn, as a juror. Written also treat. Cowell.
In Roman law, were civitas, libertas, and familia; i. e., citizenship, freedom, and family rights.
- Trialdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue. A trial is th
A species of trial now seldom resorted to, excepting in cases where the matter in dispute is one of great importance and difficulty. It is a trini which takes place before all the
In practice. The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a single judge. 2 Tidd, Pr. 751, 819.
A form of trial allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be det
a peculiar mode of trini allowed in writs of right. See Assize ; Grand Assize.
a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute. — Trial by jury . A trial in which the issues of fact are to
A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" are, and
In English practice. A trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so calied from a clause in the writ to the
A form of trini resorted to where issue is taken upon a plea of nul tiel record, in which case the party asserting the existence of a reconi as pleaded is bound to produce it in co
This was a species of trial introduced into England, among other Norman customs, by William the Co.nqueror, in which the person aceused fought with his accuser, under the apprehens
In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators
The name "trini per testes" has been used for a trial without the intervention of a jury, is the only method of trial known to the civil law, and is adopted by deposition in chance
A new trial or retrial had in an appellate court in which the whole case is gone into as if no trial wbatever had been had in the court below. See Karcher v. Green, 8 Houst. (Del.)
A species of trial adopted for determining the existence or non-existence of a reconi. When a record is asserted bv one party to exist, and the opposite party denies its existence
The jury participating in the trial of a given case; or a jury summoned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jury
A list of cases marked down for trini for any one term.
Admiralty actions involving nautical questions, e. a., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 17
- Triatio ibi semper debet fieri, ubi juratores meliorem possunt babere notitiamdefined inBlack's (1910)
Trial ought always to be had where the jurors can have the best information. 7 Coke, 1.
Lat. In the civil law. To give; to distribute.
The seat of a judge; the place where he administers justice; a judicial court; the bench of judges. See Foster v. Worcester, 16 Pick. (Mass.) 81. In Roman law. An elevated seat occ
In French law. Certain courts composed of a president, Judges, and substitutes, which take cognizance of all cases between merchants, and of disagreements among partners. Appeals l
A contribution which is raised by a prince or sovereign from his subjects to sustain the expenses of the state. A sum of money paid by an inferior sovereign or state to a superior
An ancient custom in a borough in the county of Hereford, so called because thirty burgesses paid ld. rent for their houses to the bishop, who was lord of the manor. Wharton.
The court held for a triding or trithing. Cowell.
In old English law. The space of three days. Fleta, lib. 1, c. 31, § 7.
An English statute limiting the duration of every parliament to three years, unless sooner dissolved. It was passed by the long parliament in 1640, and afterwards repealed, and the
Lat. In Roman law. A subdivision of the os, containing four unciæ; the proportion of four-twelfths or one-third. 2 Bl. Comm. 462, note m. A copper coin of the value of one-third of
In old English law. One who has been thrice married; one who, at different times and successively, has had three wives; a trigamlst. 3 Inst. 88.
In Saxon law. A triple gild, geld or payment; three times the value of a thing, paid as a composition or satisfaction. Spelman.