Black's Law Dictionary

A system of courts of the United States (one in each circuit) created by act of congress of March 3, 1891 (U. S. Comp. St 1901, p. 488), composed of the circuit justice, the circui

The judge of a circuit court. Crozier v. Lyons, 72 Iowa, 40i, 34 N. W. 186. '

In federal law and practice. The justice of the supreme court who is allotted to a given circuit. U. S. Comp. St. 1901, p. 486.

In English practice. A paper containing a statement of the time and place at which the several assises will be held, and other statistical information connected with the assises. H

This occurs where a litigant, by a complex, indirect or roundabout course of legal proceeding, makes two or more actions necessary, in order to' effect that adjustment of rights be

Another name for maniacal-depressive insanity, which see. —Partial insanity, as a legal term, may mean either monomania (see infra) or an intermediate stage in the development of m

Similar instruments to "letters of credit" They are drawn by resident bankers upon their foreign correspondents, in favor of persons traveling abroad. The correspondents must be sa

This term is more comprehensive than the term "money," as it is the medium of exchanges, or purchases and sales, whether it be gold or silver coin or any other article.

As used -in statutes providing for taxes on the circulation of banks, this term includes all currency or circulating notes or bills or certificates or bills intended to circulate a

In Scotch law. A closing of the period for lodging papers or doing any other act required in a cause. Paters. Comp. —Circumduction of the term. In Scotch practice. The sentence of

In Scotch practice. The sentence of a judge, declaring the time elapsed within which a proof ought to have been led, and precluding the party from bringing forward any further evid

The title of a statute passed 13 Edw. I. A. D. 1285, and so called from the initial words of it, the object of which was to ascertain the boundaries of ecciesiasticai Jurisdiction

A principal fact or event being the object of investigation, the circumstances are the related or acces-sery facts or occurrences which attend upon it, which closely precede or fol

Evidence directed to the attending circumstances ; evidence which inferentially proves the principal fact by establishing a condition of surrounding and limiting circumstances, who

See Tales.

In Scotch law. Any act of fraud whereby a person is reduced to a deed by decreet. It has the same sense in the civil law. Dig. 50, 17, 49, 155. And see Oregon v. Jennings, 119 In S

In Anglo-Saxon and old English law a church. —Cirio-bryce. Any violation of the privileges of a church. —Ciric sceat. Church-scot, or shot; an ecclesiastical due, payable on the da

Church-scot, or shot; an ecclesiastical due, payable on the day of St. Martin, consisting chiefly of corn.

Any violation of the privileges of a church.

A ceorl, (q. v.)

A box or chest for the deposit of charters, deeds, and things of value.

In Spanish law. Citation; Summons; an order of a court requiring a person against whom a suit has been brought to appear and defend within a given time.

Lat A citation or summons to court. —Citatio ad reassumendam causam. A summons to take up the cause. A process, in the cjvil law, which issued when one of the parlies to a suit die

A summons to take up the cause. A process, in the cjvil law, which issued when one of the parlies to a suit died, before its determination, for the plaintiff against the defendant'

In practice. A writ issued out of a court of competent jurisdiction, commanding a person therein named to appear on a day named and do something therein mentioned or show cause why

Citations should not be granted before it is stated about what matter the citation ls to be made. A maxim of ecclesiastical law. 12 Coke, 44.

The reading of, or reference to, legal authorities and precedents, (such as constitutions, statutes, reported cases, and elementary treatises,) in arguments to courts, or in legal

In Fr. City; a city. Cite de houndre, city of London.

In general. A member of a free city or jural society, (civitas,) possessing all the righis and privileges which can be enjoyed by any person under its constitution and government,

The status of being a citizen, (q. v.)

In England. An incorporated town or borough which is or has been the see of a bishop. Co.. Litt. 108; 1 Bl. Comm. 114; Cowell. State v. Green, 126 N. C. 1032, 35 S. E. 462. A large

A court having a local jurisdiction within the city of London. It is to all intents and purposes a county court, having the same jurisdiction and procedure.

Sp. In Spanish law, cities; distinguished from towns (pueblos) and villages (villas.) Hart v, Burnett, 15 Cal. 537.

Lat Civil, as distinguished from criminal. Civilis actio, a civll action. Bract fol. 101b.

In its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the communi

In the civil law. A personal action which is instituted to compel payment, or the doing some other thing which is purely civil. At common law. As distinguished from a criminal acti

A tribunal in Ireland with a jurisdiction analogous to that of the county courts in England. The judge of it is also chairman of quarter sessions, (where the jurisdiction is more e

Acts passed in many of the United States which provide an action for damages against a vendor of intoxicating liquors, (and, in some cases, against his lessor,) on behalf of the wi

Those awarded against a liquor-seller to the relative, guardian, or employer of the person to whom the sales were made, on a showing that the plaintiff has been thereby injured in

The solar day, measured by the diurnal revolution of the earth, and denoting the interval of time which elapses between the successive transits of the sun over the same hour circle

One who is skilled or versed in the civll law. A doctor, professor or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or

Injuries to person or property, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. Cullinan v. Burk-hard, 41 Misc.

In old English law. A civll lawyer or civilian. Dyer, 267.

Civilly. In a person's civll character or position or by civll (not criminal) process or procedure. Thla term is used in distinction or opposition to the word "criminaliter,"—crimi

Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities, and is accounted dead in law.

In practice. A law; an act of justice or judgment which renders a criminal process civil; performed by turning an information Into an Inquest or the contrary. Wharton. In public la

The "Roman Law" and the "Civil Law" are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated the "Roman Civll Law." The word "civil," as

The liberty of a member ot society, being a man's natural liberty, so far restrained by human laws (and no further) as ls necessary and expedient for the general advantage of the p

In English public law. An annual sum granted by parliament, at the commencement of each reign, for the expense of the royal household and establishment, as distinguished from the g

Any officer of the United States who holds his appointment under the national government, whether his duties are executive or judicial, in the highest or the lowest departments of

In modern civil law and in the law of Louisiana, that possession which exists when a person ceases to reside in a house or on the land which he occupied, or to detain the movable w

The remedy afforded by law to a private person in the civil courts in so far as his private and individual rights have been injured by a delict or crime; as distinguished from the

The liability to be called upon to respond to an action at law for an injury caused by a delict or crime, as opposed to criminal responsibility, or liability to be proceeded agains

This term properly includes all functions under the government, except military functions. In general it is confined to functions in the great administrative departments of state.

An internecine war. A war carried on between opposing masses of citizens of the same country or nation. Before the declaration of independence, the war between Great Britain and th

Lat. In the Roman law. A citizen; as distinguished from incola, (an Inhabitant;) origin or birth constituting the former, domiclle the latter. Code, 10, 40, 7. And see U. S. v. Rho

Go. Litt. 409. A city and a town differ, in this: that the inhabitants are calied the "city," but town includes the buildings.

Lat. In the Roman law. Any body of people living under the same laws; a state. Jus civitatis, the law of a state; civil law. Inst. 1, 2, 1, 2. Civitates fœderatœ, towns in alliance

An abbreviation for chief justice; also for circuit judge,

An abbreviation for civil law.

n. 1. A challenge of the property or ownership of a thing which is wrongfully withheld from the possession of the claimant Stowel v. Zouch, Plowd. 359; Robinson v. Wiley, 15 N. Y.

An action at law for the recovery of specific personal chattels wrongfully taken and detained, with damages which the wrongful taking or detention has caused; in substance a modem

In admiralty practice. The name given to a person who lays claim to property seized on a libel in rem, and who is authorized and admitted to defend the action. The Co.nqueror, 166

In English practice. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was neverthel

In practice. An intervention by a third person in a suit, claiming that he has rightful jurisdiction of the cause which the plaintiff has commenced out of the claimant's court. Now

In English practice. A suit or petition to the queen, in the court of exchequer, to have liberties and franchises confirmed there by the attorney general.

Lat. In the civll law. Co.vertly; secretly. —Clam, vi, ant precario. A technical phrase of the Roman law, meaning by force, stealth, or importunity.

8 Coke, 127. Those sinning secretly are punished more severely than those sinning openly.

An ancient writ by which the king commanded the justices in eyre to admit the claim by attorney of a person who was in the royal service, and could not appear in person. Reg. Orig.

In old English law. A claim or complaint; an outcry; clamor. In the civil law. A claimant. A debt; anything claimed from another. A proclamation; an accusation. Du Cange.

A technical phrase of the Roman law, meaning by force, stealth, or importunity.

Secret; hidden; concealed. The "clandestine importation" of goods is a term used in English statutes as equivalent to "smuggling." Keck v. U. S., 172 U. S. 434, 19 Sup. Ct 254, 48

(It clearly appears.) In Scotch law. The name of a precept for giving seisin of lands to an heir; se called from its initial words. Ersk. Inst. 3, 8, 71.

In old Scotch law. The warranty of stolen cattle or goods; the law regulating such warranty. Skene.

Lat. In old Scotch law. A making clear; the purging or clearing (clenging) of an assise. Skene.

The order or rank according to which persons or things are arranged or assorted. Also a group of persons or things, taken collectively, having certain qualities in common, and cons

A seaman or soldier serving at sea.

In the Roman law. Persons employed in servlle duties on board of vessels. Cod. 11, 12.

In the practice of the English chancery division, where there are several parties to an administration action, including those who have been served with notice of the decree or jud

A term applied to statutory enactments which divide the people or subjects of legislation into classes, with reference either to the grant of privileges or the imposition of burden

A single paragraph or subdivision of a legal document, such as a contract, deed, will, constitution or statute. Sometimes a sentence or part of a sentence. Appcal of Miles, 68 Conn

In Scotch law. By this clause, in a deed or settlement, the acts or deeds of a tenant for life or other proprietor, contrary to the conditions of his right, become null and void ;

In French law. The name given to the clause whereby one party to a contract reserves to himself the right to annul it.

In English law. Rolls which contain all such matters of record as were committed to close write ; these rolls are preserved in the Tower.

A clause; a sentence or part of a sentence in a written instrument or law.

Unusual clauses [in an instrument] always induce suspicion. 3 Coke, 81

A general clause of remainder does not embrace those things which are not of the same kind with those which had been specialiy mentioned. Lofft, Appendix, 419.

8 Coke, 154. A general clause does not refer to things expressed.

A clause [in a law] which precludes its abrogation la void from the beginning. Bac. Max. 77.

A useless clause or disposition [one which expresses no more than the law by intendment would have supplied] is not supported by a remote presumption, [or foreign intendment of som

Lat. Close, closed up, sealed. Inclosed, as a parcel of land.

L. Lat. (He broke the close.) In pleading and practice. Technical words formerly used in cortain actions of trespass, and still retained in the phrase quare clausum fregit, (q. vt)

In English law. The morrow of the utas or eight days of Easter; the end of Easter; the Sunday after Easter-day. 2 Inst. 157.

In old English law. An inclosure. Clmsura heyœ, the inclosure of a hedge. Cowell.

The keys of the court. They were the officers of the Scotch courts, such as clerk, doomster, and serjeant. Burrlll.

In Manx law. The keys of the Island of Man or twelve persons to whom all ambiguous and weighty causes are referred.

A treasurer of a church.

In old English law. A club or mace; tenure per serjeantiam claviœ, by the serjeanty of the club or mace. Cowell.

A close or small inclosure, Cowell.

Irreproachable; innocent of fraud or wrongdoing; free from defect in form or sabstanco; free from exceptions or reservations. See examples below. —Clean bill of health. One certify