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
In old English law. A party accounting. Fleta, llb. 2, c. 71, § 17.
v. To compromise; to effect a composition with a creditor; to obtain discharge from a debt by the payment of a smaller sum. Bank v. Malheur County, 30 Or. 420, 45 Pac. 781, 35 In R
In Loulslana. The maker of a composition, generally called the "amicable compounder."
- Compounding A Felonydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The offense committed by a person who, having bcen directly injured by a felony, agrees with the criminal that he will not prosecute him, on condition of the latter's making repara
- Compound Interestdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Interest upon interest, i. e., when the interest of a sum of money is added to the principal, and then bears interest, which thus becomes a sort of secondary principal. Camp v. Bat
Larceny or theft accomplished by taking the thing stolen either from one's person or from his house; otherwise called "mixed" larceny, and distinguished from "simple" or "plain" la
In Spanish law. Purchase and sale.
- Comprintdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A surreptitious printing of another book-seller's copy of a work, to make gain thereby, which was contrary to common law, and is illegal. Wharton.
In the civil law. Children by a former marriage, (individually called "privigni," or "priingnœ") considered relatively to each other. Thus, the son of a husband by a former wife, a
- Compromisedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
An arrangement arrived at, either in court or out of court, for settling a dispute upon what appears to the parties to be equitable terms, having regard to the uncertainty they are
In the civil law. An arbitrator.
A submission to arbitration. Compromissum ad similitudinem judiciorum redigitur. A compromise is brought into affinity with judgments. Strong v. Strong, 9 Cush. (Mass.) 571.
Fr. An account stated in writing, and acknowledged to be correct on its face by the party against whom it is stated. Paschal v. Union Bank of Louisiana, 9 La. Ann. 484.
In Scotch law. An accounting party.
- Comptrollerdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A public officer of a state or municipal corporation, charged with certain duties in relation to the fiscal affairs of the same, principally to examine and audit the accounts of co
An officer in England, whose duty it is to receive from the trustee in each bankruptcy his accounts and periodical statements showing the proceedings in the bankruptcy, and also to
In English law. Officers of the court of chancery ; their offices were abolished by 5 & 6 Vict. a 103.
- Compulsiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Constraint; objective necessity. Forcible Inducement to the commission of an act Navigation Co. v. Brown, 100 Pa. 346; In S. v. Kimball (O. Ct) 117 Fed. 163; Gates v. Hester, 81 Al
adj. Involuntary; forced; coerced by legal process or by force of statute. —Compulsory arbitration. That which takes place where the consent of one of the parties is enforced by st
That which takes place where the consent of one of the parties is enforced by statutory provisions. Wood v. Seattle, 23 Wash. 1, 62 Pac. 135, 52 La. R. A. 369.
An involuntary nonsuit. See Nonsuit.
One not made voluntarily, but exacted by duress, threats, the enforcement of legal process, or unconscionably taking advantage of another. Shaw v. Woodcock, 7 Bam. & C. 73; Beckwit
Process to compel the attendance in court of-a person wanted there as a witness or otherwise; including not only the ordinary subpoena, but also a warrant of arrest or attachment i
A term sometimes used to characterize the transfer of title to property under the exercise of the power of eminent domain. In re Barre Water Co., 62 Vt. 27, 20 Atl. 109, 9 L. R. A.
- Compurgatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
One of several neighbors of a person accused of a crime or charged as a defendant in a civil action, who appeared and swore that they believed him on his oath. 3 Bl. Comm. 341.
The act of computing, numbering, reckoning or estimating. The account or estimation of time by rule of law, as distinguished from any arbitrary construction of the parties. Cowell.
Lat. To compute, reckon or account. Used in the phrases insimul computassent, "they reckoned together," (see Insimul;) plene computavit, "he has fully accounted," (see Plene ;) quo
A writ to compel a guardian, baliiff, receiver or accountant to yield up his accounts. It is founded on the statute Westm. 2, c. 12; Reg. Orig. 135.
Fr. A count or earl. In the ancient French law, the comte was an officer having Jurisdiction over a particular district or territory, with functions partly military and partly judi
In Irish practice. The payment of wages in land, the rent being worked out in labor at a money valuation. Wharton.
2 Bulst. 277. What an attempt is, is not defined in law.
In Spanish law. With (or in) good faith.
To hide; secrete; withhold from the knowledge of others. The word "conceal," according to the bsst lexicographers, signifies to withhold or keep secret mental facts from another's
The term "concealed" is not synonymous with "lying in wait." If a person conceals himself for the purpose of shooting another unawares, he is lying in wait; but a person may, while
In old English law. Such as find out concealed lands ; that is, lands privily kept from the king by common persons having nothing to show for them. They are called "a. troublesome,
- Concealmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
The improper suppression or disguising of a fact, circumstance, or qualification which rests within the knowledge of one only of the parties to a contract, but which ought in fairn
Fr. In French law. To grant See Concession.
Lat I grant A word used in old Anglo-Saxon grants, and in statutes merchant
In medical jurisprudence, the beginning of pregnancy, (q. v.)
In the civil law. A theft {furtum) was calied "conceptum" when the thing stolen was searched foe, and found upon some person in the presence of witnesses. Inst 4, 1, 4.
Relating to; pertaining to; affecting; involving; being engaged in or taking part im U. S. v. Fulkerson (D. C.) 74 Fed. 631; May v. Brown, 3 Bam. & C. 137; Ensworth v. Holly, 33 Mo
Lat I have granted. At common law, in a feoffment or estate of inheritance, this word does not imply a warranty ; it only creates a covenant in a lease for years. Co. Litt. 384a. S
Lab We have granted. A term used in conveyances, the effect of which was to create a Joint covenant on the part of the grantors.
- Concessiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A grant. One of the old common assurances or forms of conveyance.
- Concessiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A grant; ordinarily applied to the grant of specific privileges by a government; French and Spanish grants In Louisiana. See Western M. & M. Co. v. Pey-tona Coal Co., 8 W. Va. 446.
9 Coke, 46. A grant by the king ought to be made from certainty.
A grant ought to have a broad interpretation (to be liberally Interpreted) against the grantor. Jenin Cent 279.
(He grantee' and agreed to pay.) In English law. An action of debt upon a simple contract. It lies by custom in the mayor's court, London, and Bristol city court
In old English law. A grantor.
Accorded; conceded. This term, frequently used in the old reports, signifies that the court admitted or assented to a point or proposition made on the argument.
A grantee.
A council house.
In French law. The formality to which intending litigante are subjected in cases brought before the juge de paix. The judge convenes the parties and endeavors to reconcile thein. S
- Conciliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Lat. A council. Also argument in a cause or the sitting of the court to hear argument; a day allowed to a defendant to present his argument; an imparlance. —Concilium ordinarium. I
In Anglo-Norman times. An executive and residuary judicial committee of the Aula Regis, (q. v.)
An ancient English tribunal, existing during the reigns of Edward I. and Edward II., to which was referred cases of extraordinary difficulty. Co.. Litt. 304.
In old records. A common counctl man; a freeman called to a legislative hall or assembly. Cowell.
To finish; determine; to estop; to prevent.
Ended; determined; estopped ; prevented from.
- Conclusiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The end; the termination; the act of finishing or bringing to a close. The conclusion of a declaration or complaint is all that part which follows the statement of the plaintiff's
The proper form for the conclusion of an indictment for an offense created by statute is the technical phrase "against the form of the statute in such case made and provided ;" or,
An inference drawn from the subordinate or evidentiary facts.
Within the rule that pleadings should contain only facts, and not conclusions of law, this means a proposition not arrived at by any process of natural reasoning from a fact or com
- Conclusion to the countrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In pleading. The tender of an issue to be tried by jury. Steph. PI. 230.
Shutting up a matter; shutting out all further evidence; not admitting of explanation or contradiction; putting an end to inquiry; final; decisive. Hoadley v. Hammond, 63 Iowa, 599
- Conclusive evidencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Evidence.
- Conclusive presumptiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Presumption.
- Concorddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In the old process of levying a fine of lands, the concord was an agreement between the parties (real or feigned) in which the deforciant (or he who keeps the other out of possessi
To make laws agree with laws is the best mode of interpreting them. Halk. Max. 70.
In public law. A compact or convention between two or more independent governments. An agreement made by a temporal sovereign with the pope, relative to ecclesiastical matters. In
Lat In old English law. An agreement or concord. Fleta, lib. 5, c. 3, § 5. The agreement or unanimity of a jury. Compellere ad concordiam. Fleta, lib. 4, c. 9, § 2.
The harmony of the discordant canons. A collection of ecclesiastical constitutions made by Gratian, an Italian monk, A. D. 1151; more commonly known by the name of "Decretum Gratia
4 Inst. 74. Small means increase by concord and litigations by opulence.
A fold, pen or place where cattle lie. Cowell.
Lying together, as cattle.
- Concubinagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A species of loose or Informal marriage which took placo among the ancients, and which is yet in use in some countries. See Concubinatus. The act or practice of cohabiting, in sexu
- Concubinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
(1) A woman who cohabito with a man to whom she is not married. (2) A sort of inferior wife, among the Romans, upon whom the husband did not confer his rank or quality.
In Roman law. An informal, unsanctioned or "natural" marriage, as contradistinguished from the justœ nuptiæ or justum matrimonium, the civll marriage.
- Concurdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To agree; accord; consent. In the practice of appellate courts, a "concurring opinion" is one filed by one of the judges or justices, in which he agrees with the conclusions or the
In the civil law. A joint or co-curator or guardian.
- Concurrencedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In French law. The possession, by two or more persons, of equal rights or privileges over the same subject-matter. —Concurrence deloyale. A verm of the French law nearly equivalent
A verm of the French law nearly equivalent to "unfair trade competition;" and used in relation to the infringement of rights secured by trade-marks, etc. It signifies a dishonest,
- Concurrentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Having the same authority; acting in conjunction; agreeing in the same act; contributing to the same eveut; contemporaneous. As to concurrent "Co.venants," "Jurisdiction," "Insuran
That which to any extent insures the same interest against the same casualty, at the same time, as the primary insurance, on such terms that the insurers would bear proportionately
- Concurrent jurisdictiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
The jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. State v. Sinnott, 89 Me. 41, 35 Ath 1007; Rogers
One granted for a term which ls to commence before the expiration or other determination of a previous lease of the same premises made to another person; or, in ether words, an ass
Maritime liens are concurrent when they are of the same rank, and for supplies or materials or services in preparation for the same voyage, or if they arise on different bottomry b
Duplicate originals, or several writs running at the same time for the same purpose, for service on or arrest of a person, when it is not known where he is to be found; or for serv
An opinion, separate from that which embodies the views and decision of the majority of the court, prepared and filed by a judge who agrees in the general result of the decision, a
In the law of Louisiana, the name of a suit or remedy to enable creditors to enforco their claims against an insolvent or failing debtor. Schroeder v. Nicholson, 2 La. 355.
- Concursusdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civll law. (1) A running together; a collision, as concursus creditorum, a conflict among creditors. (2) A concurrence, or meeting, as concursus actionum, concurrence of act
In Scotch law. To coerce.
In the civil law. The offense of extortion by threats of violence. Dig. 47, 13.
In the civil law. The unlawful forcing of another by threats of violence to give something of value. It differs from robbery, in this; That in robbery the thing ls taken by force,
In ecclesiastical law. The name of a plea entered by a party to a libel filed in the ecclesiastical court, In which It is pleaded that the deceased made the will which is the subje
- Condemndefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To find or adjudge guilty. 3 Lcon. 68. To adjudge or sentence. 3 Bl. Comm. 291. To adjudge (as an admiralty court) that a vessel is a prize or that she is unfit for service. 1 Kent
- Condemnationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In admiralty law. The judgment or sentence of a court having jurisdiction and acting in rem, by which (1) it is declared that a vessel which has been captured at sea as a prize was
In practice. The damages which the party failing in an action is adjudged or condemned to pay; sometimes simply called the "condemnation." As used in an appeal-bond, this phrase me
In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff.
In Roman law. A general term for actions of a personal nature, founded upon an obligation to give or do a certain and defined thing or service. It is distinguished from vindicatio