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. Up to; until. This is a word of exclusion, and a release of all demands usque ad a certain day does not cover a band made on that day. 2 Mod. 28.
Up to the middle of the stream or road.
Habitual; ordinary; customary; according to usage or custom; commonly established, observed or practised. See Chicago & A. R. Co., v. Hause, 71 III. App. 147; Kellogg v. Curtis, 69
See Covenant.
A phrase in the common-law practice, which meant pleading issuably, rejoining gratis, and taking short notice of trini. When a defendant obtained further time to plead, these were
Lat In the civil law. One who had the mere use of a thing belonging to another for the purpose of supplying his daily wants; a usuary. Dig. 7, 8, 10, pr.; Calvin.
Prescription was instituted that there might be some end to litigation. Dig. 41, 10, 5; Broom, Max. 894, note.
A term of Roman law used to denote a mode of acquisition of property. It corresponds very nearly to the term "prescription." But the prescription of Roman law differed from that of
- Usufructdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In the civll law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility, and advantage which it may produce,
In the civil law. One who has the usufruct or right of enjoying anything in which he has no property, Cartwright v. Cartwright, 18 Tex. 628.
In French law. The same as the usufruct of the English and Roman law.
Lat. In the civll law. Money given for the use of money; interest Commonly used in the plural, "usurœ," Dig. 22, 1. —Usura mauifesta. Manifest or open usury ; as distinguished from
Sed secundario spirare de aliqua retributione, ad voluntatem ejus qui mutuatus est, hoe non est vitiosum. Usury is a certain benefit which is received for the use of a thing lent.
Interest taken on bottomry or respondentia bonds, which is proportioned to the risk, and is not affected by the usury laws.
Manifest or open usury ; as distinguished from usura velata, veiled or concealed usury, which consists m giving a bond for the loan, in the amount of which is included the stipulat
In Old English law. A usurer. Fleta, lib. 2, c. 52, § 14.
Pertaining to usury; partaking of the nature of usury; involving usury; tainted with usury; as, a usurious contract
Lat In the civll law. The interruption of a usucaption, by some act on the part of the real owner. Calvin.
- Usurpationdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
Torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Tomlins. In public law. The unl
An injury which consists in the absolute ouster or dispossession of the patron from the advowson or right of presentation, and which happens when a stranger who bas no right presen
The unjustly intruding upon or exercising any office, franchise, or liberty belonging to another.
In insurance. An invasion from abroad or an internal rebellion, where armies are drawn up against each other, when the laws are silent, and when the firing of towns becomes unavoid
One who assumes the right of government by force, contrary to and in violation of the constitution of the country.
- Usurydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In old English law. Interest of money; increase for the loan of money; a reward for the use of money. 2 Bl. Comm. 454. In modern law. Unlawful interest; a premium or compensation p
Lat. In Roman law. A precarious enjoyment of land, corresponding with the right of habitatio of houses, and being closely analogous to the tenancy at sufferance-or at will of Engli
Lat In International law. Wariike uses or objects. It is the usus belUci which determine an article to be contraband. 1 Kent, Comm. 141.
Ban. St. Uses. Use is a fiduciary dominion.
- Usus et status sive possessio potius differunt secnndnm rationem fori, quam secnndum rationem reidefined inBlack's (1910)
Bac. St Usee, Use and estate or possession, differ more in the rule of the court than in the rnie of the matter.
Lat. In Roman law. Usufruct; usufructuary right or possession. The temporary right of using a thing, without having the ultimate property or full dominion, of the BUbstance. 2 Bl.
In old English practice. Octave; the octave; the eighth day following any term or feast. Cowell.
Lat As it was wont to run; applied to a water-course.
In Lat As of fee.
Lat. A letter. The letter of a law, as distinguished from Its spirit. See Letter. —Litera Pisana. The Pisan letter. A term applied to the old character in which the copy or the Pan
Born of the same mother. A uterine brother or sister is one bom of the same mother, but by a different father.
Pregnancy.
Lat. Both; each. "The justices, being in doubt as to the meaning of this word in an indictment, demanded the opinions of grammarians, who delivered their opinions that this word do
In Saxon and old English law. The privilege of a lord of a manor to judge and punish a thief dwelling out of his liberty, and committing theft without the same, lf he were caught w
Lat As guests. 1 Salk. 25, pi. 10.
Lat. In the civll law. To use. Strictly, to use for necessary purposes; as distinguished from "frui," to enjoy. Heinecc. Elem. lib. 2, tit 4, § 415.
Lat In the civil law. To have the full use and enjoyment of a thing, without damage to its substance. Calvin.
The useful is not vitiated by the useless. Surplusage does not spoll the remaining part lf that is good in itself. Dyer, 392; Broom, Max. 627.
Span. In Spanish law. The profit of a thing. White, New Recop. b. 2, tit 2, c. L
Lat. In the civil law. Useful ; beneficial; equitable; available. Actio utilis, an equitable action. Calvin. Dies utilis, an available day.
Lat. In the civil law. A species of interdict for the purpose of retaining possession of a thing, granted to one who, at the time of contesting suit, was in possession of an immova
Lat. in Roman law. The form of words by which a vote in favor of a proposed law was orally expressed. Uti rogas, volo vel jubeo, as you ask, I will or order; I vote as you propose;
Capnt gerit lupinum. 7 Coke, 14. An outlaw is, as It were, put out of the protection of the law. He bears the head of a wolf.
- Utlagatns pro contumacia et fuga, non propter hoe convictus est de facto principalidefined inBlack's (1910)
Fleta. One who is outlawed for contumacy and flight is not on that account convicted of the principal fact.
In old English law. An outlawed person; an outlaw.
An outlaw. Britt. C. 12.
An escape of a felon out of prison.
That the punishment may reach a few, but the fear of it affect all. A maxim in criminal law, expressive of one of the principal objects of human punishment. 4 Inst 6; 4 Bl. Comm. 1
That the thing may rather have effect than be destroyed. Saltonstall v. Sanders, 11 Allen (Mass.) 455; Simonds v. Walker, 100 Mass. 113; National Pemberton Bank v. Lougee, 108 Mass
In the civil law. The name of a species of interdict for retaining a thing, granted for the purpose of protecting the possession of a movable thing, as the uti possidetis was grant
Both of us. Words used formerly in bands.
- Ut sumrnæ potestatis regis est posse quantnm velit, sie magnitudinis est velle quantnm possitdefined inBlack's (1910)
3 Inst. 236. As the highest power of a king is to be able to do nil he wishes, so the highest greainess of him is to wish all he is able to do.
- Utterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
To put or send into circulation ; to publish or put forth. To utter and publish an instrument is to declare or assert, directly or indirectly, by words or actions, that it is good;
In English law. The bar at which those barristers, usually junior men, practice who have not yet bcen raised to the dignity of king's counsel. These junior barristers are said to p
In English law. Those barristers who plead without the bar, and are distinguished from benchers or those who have been readers, and who are allowed to plead within the bar, as the
Lat In the civll law. A wlfe; a woman lawfully married. —Et uxor. And his wife. A term used in indexing, abstracting, and describing conveyances made by a man and his wife as grant
Wlfe and son are names of nature. 4 Ban. Works, 350.
The killing of a wlfe by her husbsnd; one who murders his wife. Not a technical term of the law.
A wlfe is not her own mistress, but is under the power of her husband, t Inst. 108.
A wife follows the domicile of her husband. Tray. Lat. Max. 606.
As an abbreviation, this letter may stand for "Victoria," "volume," or "verb;" also "vide" (see) and "voce" (word.) It is also a common abbreviation of "versus," in the titles of c
A place which is empty. The term is principally applied to an interruption in the incumbency of an office. The term "vacancy" applies not only to an interregnum in an existing offi
Lat. In the civil law. Goods without an owner or in which no one claims a property; escheated goods. Inst 2, 6, 4; 1 Bl. Comm. 298.
See Possession.
See Succession.
To annul; to cancel or rescind; torender an act void; as, to vacate an entry of record or a judgment
Lat In the civil law. Exemption; Immunity; privilege; dispensation; exemption from the burden of office, Calvin.
- Vacationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
That period of time betwcen the end of one term of court and the beginning of another. See Von Schmidt v. Widber, 99 Cal. 511, 34 Pac. 109; Conkling v. Ridgely, 112 III. 36, 1 N. E
A counsellor newly called to the bar, who is to attend for several long vacations the exercise of the house.
Lat. Let it be vacated. In practice, a rule or order by which a proceeding is vacated; a vacating.
An avoidance of an ecclesiastical benefice. Cowell.
In old English law. A dairy-house. Co. Litt. 5b.
Inoculation with vaccine or the virus of cowpox as a preventive against the smallpox; frequently made compulsory by statute. See1 Daniel v. Putnam County, 113 Ga. 570, 38 S. E. 980
Lat The vacant possession, i. e., free and unburdened possession, which (e. g.) a vendor had and has to give to a purchaser of lands.
Lat In the civil law. Empty; void; vacant; unoceupied. Calvin.
Lat In the civll law. Pledges; sureties; bail; security for the appearance of a defendant or accused person in court. Calvin.
L. Lat. In old English law. To wage or gage the duellum; to wage battel; to give pledges mutually for engaging in the trial by combat.
Lat In Roman law. Bail or security; the giving of bail for ap-pearanco in court; a recognizance. Calvin.
- Vadiumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat A pledge; security by pledge, of property. Coggs v. Bernard, 2 lid Raym. 913. —Vadium mortuum. A mortgage or dead pledge; a security given by the borrower of a sum of money, by
A mortgage or dead pledge; a security given by the borrower of a sum of money, by which he grants to the lender an estate in fee, on condition that, if the money be not repaid at t
To take bail for the appearance or a person in a court of justice. Tomlins.
A species of security by which the borrower of a sum of money made over his estate to the lender until he had received that sum out of the issues and profits of the land. It was so
In old English law. The king's eldest son; hence the valet or knave follows the king and queen in a pack of cards. Bar. Obs. St. 344.
In old records, a ford or wading place. Cowell.
- Vagabonddefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
One that wanders abouh and has no cortain dwelling; an idle fellow. Jacob. Vagabonds are described in old English statutes as "such as wake on the night and sleep on the day, and h
- Vagabundum nuncupamus eum qui nullibi domicilium contraxit habitationisdefined inBallentine's (1916)Black's (1910)
We call him a "vagabond" who has acquired nowhere a domicile of residence. Phillim. Dom. 23, note.
- Vagrantdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A wandering, idle person; a strolling or sturdy beggar. A general term, including, in English law, the several classes of idle and disorderly persons, rogues, and vagabonds, and in
In English law. The statute 5 Geo. IV. c. 83, which is an act for the punishment of idle and disorderly persons. 2 Chit. St 145.
In Spanish law. A promissory note. White, New Recop. b. 3, tit. 7, c. 5, § 3. See Govin v. De Miranda, 140 N. Y. 662, 35 N. E. 628.
- Valeat quantum valere potestdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)
It shall have effect as far as it can have effect. Cowp. 600; 4 Kent, Comm. 493; Shep. Touch. 87.
In old English law. A young gentleman; also a servitor or gentleman of the chamber. Cowell.
I. Lat The value or price of anything.
In old English law. The proving by the kindred of the slain, one on the father's side, and another on that of the mother, that a man was a Welshman. Wharton.
Was anciently a name denoting young gentlemen of rank and famlly, but afterwards applied in those of lower degree, and is now used for a menial servant, more particularly occupied
Of binding force, A deed, will or other instrument, which has received all the formalities required by law, is said to be valid.
This term is used to signify legal sufficiency, in contradistinction to mere regularity. "An official sale, an order, judgment or decree may be regular,—the whole practice in refer
L. Lat The value of every ecclesiastical bsnefice and preferment, according in which the first fruits and tenths are collected and paid. It ls commonly called the "king's 'books,"