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 civil law. A great-grandson's or great-granddaughter's great-grandson. A male descendant in the sixth degree. Inst. 3, 6, 4.
Lat. In the civil law. A great-grandson's or great-granddaughter's great-granddaughter. A female descendant in the sixth degree. Inst. 3, 6, 4.
In English law. A society at Deptford Strond, incorporated by Hen. VIII. in 1515, for the promotion of commerce and navigation by licensing and regulating pilots, and ordering and
Are elder brethren of the Trinity House. If a question arising in an admiralty action depends upon technical sklll and experience in navigation. the judge or court is usually assis
Sittings of the English court of appeal and of the high court of justice in London and Middlesex, commencing on the Tuesday after Whitsun week, and terminating on the 8th of August
- Trinity Termdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
One of the four terms of the English courts of common law, beginning on the 22d day of May, and ending on the 12th of June. 3 Steph. Comm. 562.
In old European law. An extraordinary kind of composition for an offense, consisting of three times nine or twenty-seven times the single geld or payment. Spelman.
- Trinoda Necessitasdefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Lat. In Saxon law. A threefold necessity or burden. A term used to denote the three things from contributing to the performance of which no lands were exempted, viz., pontis repara
In practice. Persons who are appointed to try challenges to Jurors, i. e., to hear and determine whether a juror challenged for favor is or is not qualified to serve. The lords cho
- Tripartitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In conveyancing. Of three parts; a term applied to an indenture to which there are three several parties, (of the first, second, and third parts,) and which is executed in triplica
In Fr. In old pleading. A rejoinder in pleading; the defendant's answer to the plaintiff's replication. Britt c. 77.
Lat. In the civll law. The reply of the plaintiff to the rejoinder of the defendant. It corresponds to the surrejoinder of common law. I list4, 14; Bract. 1. 5, t 5, c. 1.
In old forest law. A freedom from the duty of attending the lord of a forest when engaged in the chase. Spelman.
Lat. In the civil law. A great-grandmother's great-grandmother; the femuie ascendant in the sixth degree.
Lat. In the civil law. A great-grandfather's great-grandfather; the male ascendant in the sixth degree.
In Saxon law. One of the territorial divisions of England, bsing the third part of a county, and comprising three or more hundreds. Within the trithing there was a court held (call
The officer who superintended a trithing or riding.
The court held for a trithing or riding.
Lat In old English law. A trithing man or constable of three hundred. Cowell.
Lat In Roman law. Officers who had charge of the prison, through whose intervention punishments were inflicted. They had eight lictors to execute their orders. Vicat, Voc. Jur.
In the civll law. Juridical days; days allowed to the prætor for deciding causes; days on which the prætor might speak the three characteristic words of his office, viz., do, dico,
Trifling; Inconsiderable; of small worth or importance, in equity, a demurrer will lie to a hill on the ground of the triviality of the matter in dispute, as being below the dignit
A constructive trust imposed by equity, contrary to the trustee's intention and will, upon property in his hands. Sanford v. Hamner, 115 Ala. 406, 22 South. 117,
- Tronagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In English law. A customary duty or toll for weighing wool; se called because it was weighed by a common trona or beam. Fleta, lib. 2, c. 12.
A weigher of wool. Cowell.
Money formerly collected and raised in London, and the several counties of England, towards providing harness and maintenance for the militia, etc.
In common-law practice, the action of trover (or trover and conversion) is a species of action on the case, and originally lay for the recovery of damages against a person who had
A weight of twelve ounces to the pound, having its name from Troyes, a city in Aube, France.
- Trucedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In international law. A suspension or temporary cessation of hostilities by agreement between belligerent powers; an armistice. Wheat. Int. Law, 442. —Truce of God. In medieval law
In medieval law. A truce or suspension of arms promulgated by the church, putting a stop to private hostilities at certain periods or during certain sacred seasons.
In English law. This name is given to the statute 1 & 2 Wm. IV. c. 37, passed to abolish what is commonly called the "truck system," under which employers were in the practice of p
Conformable to fact; correct; exact ; actual; genuine; honest. "In one sense, that only is true which is conformable to the actual state of things. In that sense, a statement is un
In criminal practice. The indorsement made by a grand jury upon a bill of indictment, when they find it sustained by the evidence laid before them, and are satisfied of the truth o
These three qualities used to be formally predicated in the libel in the ecclesiastical courts, of the charges which it contained, at the end of each article severally. Wharton.
I. An equitable or beneficial right or title to land or other property, held for the beneficiary by another person, In whom resides the legal title or ownership, recognised and enf
A corporation formed for the purpose of taking, accepting, and executing all such trusis as may be lawfully committed to it, and acting as testamentary trustee, trustee under deeds
(1) A species of mortgage given to a trustee for the purpose of securing a numerous class of creditors, as the bondholders of a railroad corporation, with power to foreclose and se
- Trusteedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Bouvier (1839)
The person appointed or required by law, to execute a trust; one in whom an estate, interest or power is vested, under an express or implied agreement to administer or exercise it
A person who, being guilty of wrongful or fraudulent conduct, is held by equity to the duty and liability of a trustee, in relation to the subject-matter, to preveut him from profi
A trustee in bankruptcy is a person in whom the property of a bankrupt is vested in trust for the creditors.
The name given, in the New England states, to the process of garnishment or foreign attachment
The statute 10 & 11 Vict. c. 96, passed in 1847, and stafute 12 & 13 Vict. c. 74, passed in 1849. by which a trustee is enabled to pay money into court, in cases where a difficulty
In Scotch law. The maker or creator of a trust.
This term may mean either the estate of the trustee, —that is, the legal title, —or the estate of the beneficiary, or the corpus of the property which is the subject of the trust.
A species of constructive trust arising out ot some tiaud, misconduct, or breach of faith on the part of the person to be charged as trustee, which renders it an equitable necessit
A fund held by a trustee for the specific purposes of the trust; in a more general sense, a fund which, legally or equitably, is subject to be devoted to a particular purpose and c
In old European law. Trust; faith; confidence; fidelity.
A bequest of personal property to trustees to be held upon trust; as, to pay the annual income to a beneficiary for life.
A word ocoasionally, though rarely, used as a designation of the creator, donor or founder of a trust
To examine judicially; to examine and investigate a controversy, by the legal method called "trial," for the purpose of determining the issues it involves.
Lat Have or take your things to yourself. The form of words by which, according to the old Roman law, a man divorced his wife. Calvin.
In mercantile law. A measure containing sixty pounds of tea, and from fifty-six to eighty-six pounds of camphor. Jacob.
In English law. A barrister who has a preaudience in the exchequer, and also one who has a particular place in court, is so calied. Brown.
In Spanish law. Objections or exceptions to witnesses. White, New Recop. hi 3, tit 7, c. 10.
In Spanish law. Tort. Las Partidas, pt. 7, tit. 6, L 5.
A steam vessel built for towing; synonymous with "tow-boat."
Lat. In Roman law. That part of a prison which was under ground. Supposed to be so called from Servius Tullius, who built that part of the first prison in Rome. Adams, Rom. Ant. 29
A castigatory, trebucket or ducking-stool, anciently used as a punishment for common scolds.
Under Sfc 13 Car. II. St. 1, c. 5, this was a misdemeanor, and consisted In more than twenty persons signing any petition to the crown or either house of parliament for the alterat
A measure of wine or oil, containing four hogsheads.
A town-reeve or balliff. Cowell.
Lat In the civll law. A multitude; a crowd or mob; a tumultuous assembly of persons. Said to consist of ten or fifteen, at the least. Calvin.
- Turbarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Turbary or common of turbary, is the right or liberty of digging turf upon another man's ground. Brown.
This phrase means that a person whose estate is divested by usurpation cannot expel the possessor by mere entry, but must have recourse to an action, either possessory or droitural
A person, under the superintendence of a jailer, who has the charge of the keys of the prison, for the purpose of opening and fastening the doors.
The great court-leet of the county, as the old county court was the court-baron. Of this the sheriff is judge, and the court is incident to his office; wherefore it is called the "
- Turnpikedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A gate set across a road, to stop travelers and carriages until toll is paid for the privilege of passage thereon. —Turnpike roads. These are roads on which parties have by law a r
These are roads on which parties have by law a right to erect gates and bars, for the purpose of taking toll, and of refusing the permission to pass along them to all persons who r
Lat. In the civil law. Base; mean; vile; disgraceful; infamous; unlawful. Applied both to things and persens. Calvin. —Turpis causa. A base cause; a vile or immoral consideration ;
A base cause; a vile or immoral consideration ; a consideration which, on account of its immorality, is not allowed by law to be sufficient either to support a contract or found an
An immoral or iniquitous contract
The part which does not agree with its whole is of mean account, [entitled to small or no consideration.] Plowd. 101; Shep. Touch. 87.
Everything done contrary to Justice, honesty, modesty or good moruis ls said to be done with turpitude.
Lat. Baseness; infamy; immorality; turpitude.
Hob. 340. That guardianship is secure which is intrusted to itself alone.
In French law. A kind of guardian. —Tuteur officieux. A person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the consent
Lat In the civil law. Tutelage; that species of guardianship which continued to the age of puberty; the guardian being called "tutor," and the ward, "pupillus." 1 Dom. Civil Law, b
Lat. In the civil law. An action of tutelage; an action which lay for a ward or pupil, on the termination of tutelage, against the tutor or guardian, to compel an account. Calvin.
Guardianship; state of being under a guardian.
Legal tutelage; tutelage created by act of law, as where none had been created by testament. Inst. 1, 15, pr.
Lat. In the civll law. To render an account of tutelage. Calvin. Tutelam reposcere, to demand an account of tutelage.
Testamentary tutelage or guardianship; that kind of tutelage which was created by will. Calvin.
A person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the consent of the parents of such child, or, in their default, th
The title of a second guardian appointed for an infant under guardianship. His functions are exercised in case the interests of the infant and his principal guardian conflict. Code
- Tutius semper est errare acquietaudo, quam in puniendo, ex parte misericordiae quam ex parte jnstitisedefined inBlack's (1910)
It is always safer to err in acquitting than punishing, on the side of mercy than on the side of justice. Branch, Princ.; 2 Hale, P. C. 290; Broom, Max. 326; Com. v. York, 9 Meta (
- Tutordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In the civil law. This term corresponds nearly to "guardian," (i. e., a person appointed to have the care of the person of a minor and the administration of hls estate,) except tha
In English law. The name given to a stranger who enters upon the lands of an infant within the age of fourteen, and takes the profits. Co. Litt. 895, 90a.
The office and power of a tutor. —Tutorship by nature. After the dissolution of marriage by the death of either husband or wife, the tutorship of minor children belongs of right to
After the dissolution of marriage by the death of either husband or wife, the tutorship of minor children belongs of right to the surviving mother or father. This is what is called
The' right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. This is called "tutorship by will," because generally it
A female tutor.
In Saxon law. A guest on the second night. By the laws of Edward the Confessor it was provided that a man who lodged at an inn or at the honse of another, should be considered, on
The highest rank of men in the Saxon government, who were valued at 1200s. If any Injury were done to such persons, satisfaction was to be made according to their worth. Cowell.
A writ issued under the St. 18 & 19 Vict c. 67, for summary procedure on bills of exchange and promissory notes, abolished by rule of court in 1880. Wharton.
In the singular number, includes all the year; but twelve months are to be computed according to twenty-eight days for every month. 6 Coke, 62.
The earliest statute or code of Roman law, framed by a commission of ten men, B. C. 450, upon the return of a commission of three who had been sent abroad to study foreign laws and
See Jeopardy; Once in Jeopardy.
The lower order of Saxons, valued at 200s. in the scale of pecuniary mulcts Inflicted for crimes. Cowell.
A certificate which was given to the prosecutor of a felon to conviction.
In Saxon law. An acousa-tion, impeachment or charge of any offense.