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
- Billdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A formal declaration, complaint or statement of particular things in writing. As a legal term, this word has many meanings and applications, the more important of which are enumera
- Billadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
L. Lat. A bill; an original bill. —Billa excambii. A bill of exchange. —Billa exonerationis. A bili of lading. —Billa vera. (A true bill) In old practice. The indorsement anciently
(That the bill be quashed.) In practice. The form of the judgment rendered for a defendant on a plea in abatement, where the proceeding is by bill; that is, where the suit is comme
A bill of exchange.
A bili of lading.
(A true bill) In old practice. The indorsement anciently made on a bili of indictment by a grand jury, when they found it sufficiently sustained by evidence. 4 Bl. Comm. 306.
In Scotch law. A department of the court of session in which petitions for suspension, interdict, etc., are entertained. It is equivalent to sittings in chambers in the English and
A soldier's quarters in a civilian's house; or the ticket which authorizes him to occupy them. In French law. A bill or promissory note. Billet a ordre, a bill payable to order. Bi
In old English law. A bill or petition exhibited in parliament. Cowell.
A bill in equity in which the specific relief asked is an injunction against the execution of a judgment rendered at law and a new trial in the action, on account of some fact whic
- Bill for foreclosuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One which is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, thereby to obtain the sum mortgaged on the premises, with interest and costs. 1
A printed form on which merchants and traders make out their bills and render accounts to their custo 9. In the law of negotiable instruments. A promissory obligation for the payme
A bill filed when new parties, with new interests, arising from events happening since the suit was commenced, are brought before the court; wherein it differs from a supplemental
- Bill obligatorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A bond absolute for the payment of money. It is called also a "single bill," and differs from a promissory note only in having a seal.
- Bill of adventuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A written certificate by a merchant or the master or owner of a ship, to the effect that the property and risk in goods shipped on the vessel in his own name belong to another pers
In Scotch practice. A bill by which the judgment of an inferior court is appealed from, or brought under review of a superior. Bell.
An ancient, but now abolished, method of criminal prosecution. See Battel. 13. In common-law practice. An itemized statement or specification of particular details, especially item
- Bill of attainderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usually treason,) without trial or conviction according to the recognized rule
- Bill of Certioraridefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In English chancery practice. An original bill praying relief. It was filed for the purpose of removing a suit pending in some inferior court of equity into the court of chancery,
- Bill of conformitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One filed by an executor or administrator, who finds the affairs of the deceased so much involved that he cannot safely administer the estate except under the direction of a court
- Bill of costsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A certified, itemized statement of the amount of costs in an action or suit. Doe v. Thompson, 22 N. H. 219. By the English usage, this term is applied to the statement of the charg
- Bill of creditdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In constitutional law. A bill or promissory note issued by the government of a state or nation, upon its faith and credit, designed to circulate in the community as money, and rede
- Bill of debtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An ancient term including promissory notes and bonds for the payment or money. Co.m. Die. "Merchant," F. 2.
An account of the goods entered at the custom house, both incoming and outgoing. It must state the name of the merchant exporting or importing, the quantity and species of merchand
- Bill of exceptionsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A formal statement in writing of the objections or exceptions taken by a party during the trial of a cause to the decisions, rulings, or instructions of the trial judge, stating th
- Bill of exchangedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
A written order from A. to B., directing B. to pay to C. a certain sum of money therein named Byles, Bills, 1. An open (that is, unsealed) letter addressed by one person to another
- Bill of gross adventuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French maritime law. Any written instrument which contains a contract of bottomry, respondentia, or any other kind of maritime loan. There is no corresponding English term. Hall
- Bill of healthdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
An official certificate, given by the authorities of a port from which a vessel clears, to the master of the ship, showing the state of the port, as respects the public health, at
In English law. An act of parliament, passed every session until 1869, but discontinued in and after that year, as having been rendered unnecessary by the passing of the promissory
- Bill of indictmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A formal written document accusing a person or persons named of having committed a felony or misdemeanor, lawfully inid before a grand jury for their action upon it. If the grand j
- Bill of informationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Where a snit is instituted on behalf of the crowu or government, or of those of whom it has the custody by virtue of its prerogative, or whose rights are under its particular prote
- Bill of interpleaderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
The name of aHsill in equity to obtain a settlement of a question of right to money or other property adversely claimed, in which the party filing the bill has no interest, althoug
- Bill of Ladingdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Bill.
- Bill of Middlesexdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See BILL.
- Bill of pains and penaltiesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A special act of the legislature which inflicts a punishment, less than death, upon persons supposed to be guilty of treason or felony, without any conviction in the ordinary cours
- Bill of particularsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In practice. A written statement or specification of the particulars of the demand for which an action at law is brought, or of a defendant's set-off against such demand, (includin
- Bill of peacedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Bill.
- Bill of privilegedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. A method of proceeding agninst attorneys and officers of the court not liable to arrest. 3 Bl. Comm. 289.
- Bill of proofdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English practice. The name given, in the mayor's court of London, to a species of intervention by a third person laying claim to the subject-matter in dispute between the partie
- Bill of reviewdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In equity practice. A bill, in the nature of a writ of error, filed to procure an examination and alteration or reversal of a decree made upon a former bill, which decree has been
- Bill of Revivordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In equity practice. A bill filed for the purpose of reviving or calling Into operation the proceedings in a suit when, from some circumstance, (as the death of the plaintiff,) the
- Bill of revivor and supplementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like, but supplies any d
- Bill of rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
See Bill , 6.
- Bill of saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See Bill.
- Bill of sightdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
When an importer of goods is ignorant of their exact quantity or quality, so that he cannot make a perfect entry of them, he may give to the customs officer a written description o
- Bill of storedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English law. A kind of license granted at the custom-house to merchants, to carry such stores and provisions as are necessary for tbeir voyage, custom free. Jacob.
In English law. A license granted at the custom-house to a merchant, to suffer him to trade from one English port to another, without paying custom. Co.well. 12. In criminal law, a
A written obligation by which a debtor acknowledges himself indebted in a certain sum, and binds himself for the payment thereof, in a larger sum, called a "penalty."
- Bill quia timetdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A bill invoking the aid of equity "because he fears," that is, because the complainant apprehends an injury to his property rights or interests, from the fault or neglect of anothe
A written promise to pay to a person or persons named a stated sum at a stated time, without any condition. When under seal, as is usually the case, it is sometimes called a "bili
The name given to acts of parliament to attaint particular persons of treason or felony, or to inflict pains and penalties beyond or contrary to the common law, to serve a special
In equity practice. An order which the court of chancery makes when the defendant does not file an answer, that the plaintiff may take such a decree as the case made by his bili wa
One which is filed when, from the neglect of parties or some other cause, it may become impossible to carry a decree into execution without the further decree of the court. Hind, C
- Bill to perpetuate testimonydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
A bill in equity filed in order to procure the testimony of witnesses to be taken as to some matter not at the time before the courts, but which is likely at some future time to be
One brought to avoid or suspend a decree under special circumstances.
One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is acfually commenced, where there is good cause to fear that t
Pertaining to or consisting of, two metals used as money at a fixed relative value.
The legalized use of two metals in the currency of a country at a fixed relative value.
To obligate; to bring or place under definite duties or legal obligations, particularly by a bond or covenant; to affect one-in a constraining or compulsory manner with a contract
The act by which a court or magistrate requires a person to enter into a recognizance or furnish ball to appear for trial, to keep the peace, to attend as a witness, etc.
To place one under a legal obligation to serve another; as to bind out an apprentice.
- Bipartitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Consisting of or divisible into, two parts. A term in cenveyancing descriptive of an instrument in two parts, and executed by both parties.
A cap or coif used formerly in England by judges and serjeants at law. Spelman.
- Birthdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The act of being bom or wholly brought into separate existence. Wallace v. State, 10 Tex. App. 270.
- Bisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. Twice,
An ancient coin, first issued at Constantinople ; it was of two sorts,—gold, equivalent to a ducat, valued at 9s. 6d.; and silver, computed at 2s. They were both current in England
The father of one's grandfather or grandmother.
In old English law. A fine imposed for not repairing banks, ditches, and causeways.
- Bishopdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. An ecclesiastical dignitary, being the chief of the clergy within his diocese, subject to the archbishop of the province in which his diocese is situated. Most of t
- Bishopricdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiastical law. The diocese of a bishop or the circuit in which he has jurisdiction; the office of a bishop. 1 Bl. Comm. 3771382.
- Bishop's Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. An ecclesiastical court, held in the cathedral of each diocese, the judge whereof is the bishop's chancellor, who judges by the civll canon law; and, if the diocese
- Bis idem exigi bona fides non patitur; et in satisfactionibus non permittitur amplius fieri quam semel faetum estdefined inBlack's (1910)
Good faith does not suffer the same thing to . be demanded twice; and in making satisfaction [for a debt or demand] it is not allowed to be done more than once. 9 Coke, 53.
- Bissextiledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The day which is added every fourth year to the month of February, in order to make the year agree with the course of the sun. Leap year, consisting of 366 days, and happening ever
Fictitious names applied to pieces of land, and used as examples in the old books.
- Black Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The statute 9 Geo. I. c. 22, so called because it was occasioned by the outrages committed by persons with their faces blacked or otherwise disguised, who appeared in Epping Forest
Old Scotch statutes passed in the reigns of the Stuarts and down to the year 1586 or 1587, so called because printed in black letter. Bell
In English law. An old record frequently referred to by Cowell and other early writers.
- Black Book of the Admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
A book of the highest authority in admiralty matters, generally supposed to have been compiled during the reign of Edward III. with additions of a later date. It contains the laws
- Black Book of the Exchequerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
The name of an ancient book kept in the English exchequer, containing a collection of treaties, conventions, charters, etc.
The head-dress worn by the judge in pronouncing the sentence of dcath. It is part of the judicial full dress, and is worn by the judges on occasions of especial state. Wharton.
A name given collectively to the body of laws, statutes, and rules in force in various southern states prior to 1865, which regulated the institution of slavery, and particularly t
In English law. Heath fowl, in contradistinction to red game, as grouse.
A person who gets his living by frequenting race-courses and places whore games of chance are played, getting the best odds, and giving the least he can, but not necessarily cheati
A list of persons marked out for special avoidance, antagonism or enmity on the part of those who prepare the list or those among whom it is intended to circulate; as where a trade
- Black-Maildefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
1. In one of its original meanings, this term denoted a tribute paid by English dwellers along the Scottish border to influential chieftains of Scotland, as a condition of securing
A closed wagon or van in which prisoners are carried to and from the jall or between the court and the jail.
- Black Rentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. Rents reserved in work, grain, provisions or baser money, in contradistinction to those which were reserved in white money or silver, which were termed "white r
A subvassal, who held ward of the king's vassal.
- Bladadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In old English law. Growing crops of grain of any kind. Spelman. All manner of annual grain. Cowell. Harvested grain. Bract 217 b; Reg. Orig. 94b, 95.
In old English law. A corn-monger; meal-man or corn-chandler; a bladier or engrosser of corn or grain. Blount.
- Blanche Firmedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
White rent; a rent reserved, payable in silver.
An ancient tenure of the law of Scotland, the duty payable being trifling, as a penny or a pepper-corn, etc., if required; similar to free and common socage.
In Louisiana, a paper signed at the bottom by him who intends to bind himself, give acquittance or compromise, at the discretion of the person whom he intrusts with such blanc seig
In old law and practice. White; plain; smooth; blank.
- Blankdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
A space left unfilled in a written document, in which one or more words or marks are to be inserted to complete the sense. Angle v. Insurance Co., 92 U. S. 337, 23 L. Ed. 556. Also
An acceptance of a bili of exchange written on the paper before the bili is made, and delivered by the acceptor.
Scotch securities, in which the creditor's name was left blank, and which passed by mere delivery, the bearer being at liberty to put in his name and sue for payment. Declared void
In the law of fire insurance. A policy which contemplates that the risk is shifting, fluctuating or varying, and is applied to a class of property, rather than to any particular ar
Also called the "common bar." The name of a plea in bar which in an action of trespass is put in to oblige the plaintiff to assign the certain place where the trespass was committe
- Blank indorsementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)Bouvier (1839)
One made by the mere writing of the indorser's name on the back of the note or bill, without mention of the name of any person in whose favor the indorsement is made, but with the