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
A French code, enacted in 1807, as a supplement to the Code Napoleon, regulating commercial transactions, the laws of business, bankruptcies, and the jurisdiction and procedure of
That part of the Code Napoleon which regulates the system of courts, their organization, civil procedure, special and extraordinary remedies, and the execution of judgments.
A French code, enacted in 1808, regulating criminal procedure.
See Code Civil.
Fr. The black code. A body of laws which formerly regulated the institution of slavery in the French colonies.
The Code of Justinian (Codex Jus-tinianeua) was a collection of imperial constitutions, compiled, by order of that emperor, by a commission of ten jurists, including Tribonian, and
The penal or criminal code of France, enacted in 1810.-
- Codexdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. A code or collection of laws; particularly the Code of Justinian. Also a roll or volume, and a book written on paper or parchment —Codex Gregorianns. A collection of imperial
A collection of imperial constitutions made by Gregorius, a Roman jurist of the fifth century, about the middle of the century. It contnined the constitutions from Hadrian down to
A collection of imperial constitutions made by Hermogenes, a jurist of the fifth cen-fury. It was nothing more than a supplement to the Codex Gregorianus, (supra,) containing the c
A collection of imperial constitutions, made by a commission of ten persons appointed by Justinian, A. D. 528.
The new code of Justinian; or the new edition of the first or old code, promulgated A. D. 534, being the one now extant. Mackeld. Rom. Law, § 78. Tayl. Civil Law, 22.
A code compiled by the emperor Theodosius the younger, A. D. 438, being a methodical collection, in sixteen hooks, of all the imperial constitutions then in force. It was the only
The old code. The first edition of the Code of Justinian ; now lost. Mackeld. Rom. Law, § 70.
- Codicildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A testamentary disposition subsequent to a will, and by which the will is altered, explained, added to, subtracted from or confirmed by way of republication, but in no case totally
In the Roman law. A codicil; an informal and inferior kind of will, In use among the Romans.
The process of collecting and arranging the laws of a country or state into a code, i. e., into a complete system of positive law, scientifically ordered, and promulgated by legisl
Mutual purchase. One of the modes in which marriage was contracted among the Romans. The man and the woman delivered to each other a small piece of money. The man asked the woman w
The act of purchasing the whole quantity of any commodity. Wharton.
- Coerciondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Compulsion; force; duress. It may be either actual, (direct or positive,) where physical force is put upon a man to compel him to do an act against hls will or implied, (legal or c
One who is a Joint executor with one or more others.
A chapman, (q. v.)
A house of entertainment where guests are supplied with coffee and other refreshments, and sometimes with lodging. Century Diet. A coffee-house is not an inn. Thompson v. Lacy, 3 B
In English law. A principal officer of the royal establishment, next under the controller, who, in the counting-house and elsewhere, had a special charge and oversight of the other
- Cogitationis poenam nemo patiturdefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
No one is punished for his thoughts. Dig. 48, 19, 18.
- Cognatesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
(Lat. cognati.) Relations by the mother's side or by females. Mackeld. Rom. Law, § 144. A common term in Scotch law. Ersk. Inst. 1, 7, 4.
- Cognatidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. In the civll law. Cognates ; relations by the mother's side. 2 Bl. Comm. 235. Relations in the line of the mother. Hale, Com. Law, c. xi. Relations by or through females.
Lat. In the civil law. Cognation. Relationship, or kindred generally. Dig. 38, 10, 4, 2; Inst 3, 6, pr. Relationship through females, as distinguished from agnatio, or relationship
- Cognationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In the civil law. Signifies generally the kindred which exists between two persons who are united by ties of blood or family or both.
Lat. In the civil law. A relation by the mother's side; a cognate. A relation, or kinsman, generally.
- Cognitiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In old English law. The acknowledgment of a fine; the certificate of such acknowledgment In the Roman law. The judiclal examination or hearing of a cause.
Ensigns and arms or a military coat painted with arms. Mat. Par. 1250.
In English law. A writ to a justice of the common pleas, or other, who has power to take a fine, who, having taken the fine, defers to certify it, commanding him to certify it. Now
In Scotch practice. A name given to a judgment or decree pronounced by a court, ascertaining the amount of a debt against the estate of a deceased landed proprietor, on cause shown
In the Roman law. An advocate or defender in a private cause; one who defended the cause of a person who was present Calvin. Lex. Jurid.
In old practice. That part of a fine in which the defendant acknowledged that the land In question was the right of the complainant. From this the fine itself derived its name, as
- Cognizeedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The party to whom a fine was levied. 2 Bl. Comm. 351.
- Cognizordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old conveyancing. The party levying a fine. 2 Bl. Comm. 350, 351.
In Roman law. A man's family name. The first name (prænomen) was the proper name of the individual; the secend (nomen) indicated the gens or tribe to which he belonged; while the t
- Cognomen majorum est ex sanguine tractum, hoc intrinsecum est; agnomen extrinsecum ab eventudefined inBlack's (1910)
6 Coke, 65. The cognomen ls derived from the blood of ancestors, and is intrinsic; an agnomen arises from an event, and is extrinsic.
(He has confessed the action.) A defendant's written confession of an action brought against him, to which he has no available defense. It ls usually upon condition that he shall b
Living together; living together as husband and wife. Cohabitation means having the same habitation, not a sojourn, a habit of visiting or remaining for a time; there must be somet
One of several to whom an inheritance descends.
A joint heiress. A woman who has an equal share of an inheritance with another woman.
Co. Litt. 163. Co-heirs are deemed as one person, on account of the unity of right which they possess.
Lat. In civil and old English law. A co-heir or joint heir.
A tribute made by those who mcet promiscuously in a market or fair. Du Cange,
- Coifdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A title given to serjeants at law, who are called "serjeants of the coif," from the coif they wear on their heads. The use of this colf at first was to cover the clerical tonsure,
n. Pieces of gold, silver or other metal, fashioned into a prescribed shapes weight, and degree of fineness, and stamped, by authority of government, with certain marks and devices
The process or the function of coining metallic money; also the great mass of metallic money in circulation. Meyer v. Roosevelt, 25 How. Prae. (N. Y.) 105; U. S. v. Otey (a C.) 31
In medical jurisprudence. Sexual intercourse; carnal copulation.
Lat. In old English law. Associate judges having equality of power with others.
The trial which was anciently used for the common sort of people, who, having a cord tied about them under their arms, were cast into a river; if they sank to the bottom until they
- Colibertusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In feudal law. One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenur
- Collateraldefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiliary; supplementary; co-operating. —Collateral aet. In old p
In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, recognizance, etc., was given as security.
A phrase sometimes used to designate uucles and aunts, and other collateral antecessors, who are not strictly ancestors. Banks v. Walker, 3 Barb. Ch. (N. Y.) 438, 446.
- Collateral assurancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
That which is made over and above the principal assurance or deed itself.
See "Collateral impeachment," infra.
The collateral determination of a question by a court having general jurisdiction of the subject. See Small v. Haskins, 26 Vt. 209. —Equitable estoppel (or estoppel by conduct, or
- Collateral factsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Such as are outside the controversy or are not directly connected with the principal matter or issue in dispute. Sum-merour v. Felker, 102 Ga. 254, 29 S. E. 448; Gamer v. State, 76
A contract by which the guarantor undertakes, in case the principal fails to do what he has promised or undertaken to do, to pay damages for such failure ; distinguished from an en
A collateral impeachment of a judgment or decree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or by showing reasons why th
See Collateral Inheritance.
The ancient title of masters in chancery.
- Collateral kinsmendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Those who descend from one and the same common ancestor, but not from one another.
- Collateral limitationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
One which gives an interest in an estate for a specified period, but makes the right of enjoyment to depend on some collateral event, as an estate to A. till B. shall go to Rome. T
A line of descent connecting persons who are not directly related to each other as ascendants or descendants, but whose relationship consists in common descent from the same ancest
In the law relating to the responsibility of an employer or principal for the negligent acts or omissions of his employe, the term "collateral" negligence is sometimes used to desc
One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question ; as in the rule that a judgm
- Collateral securitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
See Collateral.
- Collatio Bonorumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Lat A joining together or contribution of goods into a common fund. This occurs where a portion of money, advanced by the father to a son or daughter, is brought into hotchpot, in
In the civil law. The colistion of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or o
A writ directed to justices of the common pleas, commanding them to issue their writ to the bishop, for the admission of a clerk in the place of another presented by the crown, whe
In old English law. A writ whereby the king conferred the keeping of an hermitage upon a clerk. Reg. Orig. 303, 308.
- Collation of Sealsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
When upon the same label one seal was set on the back or reverse of the other. Wharton.
- Collation To A Beneficedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ec cleslastical law. This occurs where the bishop and patron are one and the same person, in which case the bishop cannot present the clergyman to himself, but does, by the one
In Old English law. A comparison of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Adams. See Bract fol. 389b.
To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To cellect a debt or claim is to obtain payment or liquidation of it,
Indorsement "for collection." See For Collection.
See C. O. D.
- Collectordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One authorized to receive taxes or other impositions; as "collector of taxes." A person appointed by a private person to collect the credits due him.
A person temporarily appointed by the probate court to collect rents, assets, interest, bills receivable, etc., of a decedent's estate, and act for the estate in ali financial matt
An officer of the United States, appointed for the term of four years. Act Mav 15, 1820, § 1; 3 Story, U. S. Laws, 1790.
- Collegadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In the civil law. One invested with joint authority. A colleague; an associate.
- Collegatariusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Lat. In the civil law. A co-legatee. Inst. 2, 20, 8.
A co-legatee; a person who has a legacy left to him in common with other persons.
- Collegedefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
An organized assembly or collection of persons, established by law, and empowered to co-operate for the performance of seme special function or for the promotion of some common obj
In the civil law. The guild of a trade.
- Collegialiterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In a corporate capacity. 2 Kent, Comm. 296.
- Collegiate Churchdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English ecclesiastical law. A church built and endowed for a society or body corporate of a dean or other president, and secular priests, as canons or prebendaries in the said c
Lat In the civil law. A word having various meanings; e. g., an assembly, society or company; a body of bishops; an army; a class of men. But the principal idea of the word was tha
The college or society of the admiralty.
One which abused its right, or assembled for any other purpose than that expressed in its charter.
An assemblage or society of men united for some useful purpose or business, with power to act like a single individual. 2 Kent, Comm. 269. Collegium est societas plurium corporum s
This term is sufficiently wide to include all contiguous and connected veins and seams of coal which are worked as one concern, without regard to the closes or pieces of ground und
- Collisiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In maritime law. The act of ships or vessels striking together. In its strict sense, collision means the impact of two vessels both moving, and is distinguished from allision, whic
- Collistrigiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The pillory.
One who litigates with another.
A hood or covering for the shoulders, formerly worn by serjeants at law.