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
When a remainder in fee is limited upon any estate which would by the common law be adjudged a fee toil, such a remainder is valid as a contingent limitation upon a fee, and vests
- Contingent remainderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate in remainder which is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event, by which no present or particular interest p
An express trust may depend for its operation upon a future event, and is then a "contingent" trust. Civ. Co.de Ga. 1895, § 3154.
- Contingent usedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them. 2
- Continual Claimdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. ' A formal claim made hy a party entitled to enter upon any lands or tenements, but deterred from such entry by menaces or bodily fear, for the purpose of prese
- Continuancedefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
The adjournment or postponement of an action pending in a court, to a subsequent day of the same or another term. Com. v. Maloney, 145 Mass. 205, 13 N. Ei 482; State v. Underwood,
In pleading. A form of allegation in which the trespass, criminal offense or other wrongful act cemplained of is charged to have been committed on a specified day and to have "cont
Enduring; not terminated by a single act or fact; subsisting for a definite period or intended to cover or apply to successive similar obligations or occurrences. As to continuing
such as accrue from the same injury, or from the repetition of similar acts, between two specified periods of time. Defined under Damages in Black's Law Dictionary.
One relating' to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied.
An uninterrupted or periodically recurring nuisance; not necessarily a constant or unceasing injury, but a nuisance which occurs so often and is so necessarily an incident of the u
A transaction or a series of acts set on foot by a single impulse. and operated by an unintermittent force, no matter how long a time it may occupy. People v. Sullivan, 9 Utah, 195
One which does not consist of a single isolated act but is in its nature a permanent invasion of the rights of another; as, where a person builds on his own land so that a part of
One which applies to the whole period during which the contract is in force; e. g., an undertaking in a charter-party that a vessel shall continue to be of the same class that she
Uninterrupted; unbroken ; not intermittent or occasional; so persistently repeated at short intervals as to constitute virtually an unbroken series. Black v. Canal Co.., 22 N. J. E
Is interchangeable with the term "uninterrupted adverse use." Davidson v. Nicholson, 59 Ind. 411.
One consisting of a continuous series of acts, which endures after the period of consummation, as, the offense of carrying concealed weapons. In the case of instantaneous crimes, t
One recurring at repeated intervals, so as to be of repeated occurrence; not necessarily an injury that never ceases. Wood v. Sutcliffe, 8 Eng. Law & Eq. 2l7. As to continuous "Cri
- Contradefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Against, confronting, opposite to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra,
Against law or treaty; prohibited. Goods exported from or imported into a country aguinst its laws. Brande. Articles, the importation or exportation of which ls prohibited by law.
Certain classes of merchandise, such as arms and ammunition, which, by the rules of international law, cannot lawfully be furnished or carried by a neutral nation to either of two
- Contra bonos moresdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Against good morals. Contracts contra bonos mores are void
A criminal; one prosecuted for a crime.
An agreement, upon sufficient consideration, to do or not to do a particular thing. 2 Bl. Comm. 442; 2 Kent, Comm. 449. Justice v. Lang, 42 N. Y. 496, 1 Am. Rep. 576; Edwards v. Ke
Abbreviation; abridgment or shortening of a word by omitting a letter or letters or a syllable, with a mark over the place where the elision occurs. This was customary in records w
A contract made for the benefit of one of the contracting parties only, as a mandate or deposit.
A contract of record is one which has been declared and adjudicated by a court having jurisdiction, or which is entered of record in obedience to, or in carrying out, the judgments
A contract by which one of the contracting parties, called the "seller," enters into an obligation to the other to cause him to have freely, by a title of proprietor, a thing, for
- Contractordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
This term is strictly applicable to any person who enters into a contract, (Kent v. Railroad Co., 12 N. Y. 628,) but is commonly reserved to designate one who, for a fixed price, u
- Contractusdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. Contract; a contract ;, contracts. —Contractus bonæ fidei. In Roman law. Co.ntracts of good faith. Those contracts which, when brought into litigation, were not determined by
In Roman law. Co.ntracts of good faith. Those contracts which, when brought into litigation, were not determined by the rules of the strict law alone, but allowed the judge to exam
In Roman law. Civil contracts. Those contracts which were recognized as actionable by the strict civil law of Rome, or as being founded upon a particular statute, as distinguished
- Contradictdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In practice. To disprove. To prove a fact contrary to what has been asserted by a witness.
A phrase of which the parts are expressly inconsistent, as, e. g., "an innocent murder;" "a fee-simple for life."
Counterfeiting; as contrafactio sigilli regis, counterfeiting the king's seal. Cowell.
In old English law. A writ that issued where lands given in perpetual alms to lay houses of religion, or to an abbot and convent, or to the warden or master of an hospital and his
Against the form of the grant. See Formedon.
In old English law. A writ that lay for the heir of a tenant, enfeoffed of certain lands or tenements, by charter of feoffment from a lord to make certain services and suits to his
In criminal pleading. (Contrary to the form of the statute in such case made and provided.) The usual conclusion of every indictment, etc., brought for an offense created by statut
In French law. The civil process of arrest of the person, which ls imposed upon vendors falsely representing their property to be unincumbered, or upon persons mortgaging property
Lat. Against the law of war. 1 Kent, Comm. 6.
Against the law of the land.
In old English law. Counter-obligation. Literally, counter-binding. Est enim obligatio quasi contraligatio. Fleta, llb. 2, c. 56, § 1.
A countermanding. Oontramandatio placiti, in old English law, was the respiting of a defendant or giving him further time to answer, by countermanding the day fixed for him to plea
A lawful excuse, which a defendant in a suit by attorney alleges for himself to show that the plaintiff bas no cause of complaint. Blount.
Against all people. Formal words in old covenants of warranty. Fleta, lib. 3, c. 14, § 11.
Against the peace. A phrase used in the Latin forms o( indictments, and also of actions for trespass, to signify that the offense alleged was committed against the public peace, i.
- Contraplacitumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A counter-pica. Townsh. PL 61.
- Contrapositiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A plea or answer. Blount A counter-position.
Against the party who proffers or puis forward a thing.
This word was used in the time of Edw. II. to signify those who were opposed to the government, but were neither rebeis nor traitors. Jacob. Contrariorum contraria est ratio. Hob.
A controller. One whose business it was to observe the money which the collectors had gathered for the use of the king or the people. Cowell. —Coutrarotulator pipæ. An officer of t
In French law. Contracts are of the following varieties: (1) Bilateral or synallagmatique, where each party is bound to the other to do what is just and proper; or (2) unilateral,
In old English law. A counter-tally. A term used in the exchequer. Mem. in Scacc. M. 26 Edw. 1.
- Contrateneredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
To hold against; to withhold. Whishaw.
In old English law. Agninst gage and pledge. Bract fol. 15b. Contra legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvis verbis legis, sententiam ejus circumveni
A right or equity, in another person, which is inconsistent with and opposed to the equity sought to be ehforced or recognized.
- Contraventiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Frenoh law. An act which violates the law, a treaty, or an agreement which the party has made. That infraction of the law punished by a fine which does not exceed fifteen franca
Lat. In the civil law. To bandle; to take hold of; to meddle with. In old English law. To treat. Vel mali contrectet; or shall ill treat. Fleta, llb. 1, c. 17, § 4.
In the civil and old English law. Touching; handling; meddling. The act of removing a thing from its place in such a manner that, it the thing be not restored, it wlll amount to th
In French law. The offense of printing or causing to be printed a book, the copyright of which is held by another, without authority from him. Merl. Repert.
In French marine law. The chief officer of a vessel, who, in case of the sickness or absence of the master, commanded in his place. Literally, the counter-master.
To supply a share or proportional part of money or property towards the prosecution of a common enterprise or the discharge of a joint obligation. Park v. Missionary Soc., 62 Vt. 1
- Contributiondefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In common law. The sharing of a loss or payment among several. The act of any one or several of a number of co-debtors, co-sureties, etc., in reimbursing one of their number who ha
In old English law. A writ that lay where tenants in common were bound to do some act, and one of them was put to the whole burthen, to compel the rest to make contribution. Reg. O
- Contributorydefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
adj. Joining in the promotion of a given purpose; lending assistance to the production of a given result. As to contributory "Infringement" and "Negllgenco," see those titles. n. A
The intentional hiding of one person by another in the unlawful making or selling of a patented invention; usually done by making or selling one part of the patented invention, or
- Contributory negligencedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Contributory negligence, when set up as a defense to an action for injuries alleged to have been caused by the defendant's negligence, means any want of ordinary care on the part o
- Controllerdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
A comptroller, which see.
In old English law. The controlling or checking of another officer's aceount; the keeping of a counter-roll.
- Controverdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. An inventer or deviser of false news. 2 Inst. 227.
- Controversydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity. Barber v. Kennedy, 18 Minn. 216 (Gil. 196); State v. Guinotte, 156
To dispute; to deny; to oppose or centest; to take issue on. Buggy Ch v. Patt, 73 Iowa, 485, 35 N. W. 587; Swenson v. Kleinschmidt, 10 Mont. 473, 26 Pac. 198.
In Spanish law. A counter-writing; counter-letter. A document executed at the same time with an act of sale or other instrument, and operating by way of defeasance or otherwise mod
- Contuberniumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In Roman law. The marriage of slaves; a permitted cohabitation.
- Contumace Capiendodefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. III. c. 127, § 2, and in lieu thereof, where a lawful citation or senten
- Contumacydefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
The refusal or intentional omission of a person who has bcen duly cited before a court to appear and defend the charge laid against him, or, if he is duly before the court, to obey
- Contumaxdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One acoused of' a crime who refuses to appear and answer to the charge. An outlaw.
In medical Jurisprudence. A bruise; an injury to any external part of the body by the impact of a fall or the blow of a blunt instrument, without laceration of the flesh, and eithe
Lat. In the civil law. A co-tutor or co-guardian. Inst. 1, 24, 1.
- Conusancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In English law. Cognizance or jurisdiction. Conusance of pleas. Termes de la Ley. —Conusance, claim of. See Cognizance.
See Cognizance.
- Conusantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Cognisant; acquainted with; having actual knowledge; as, if a party knowing of an agreement in which he has an interest makes no objection to it, he Is said to be conusant. Co. lit
See Cognizee.
- Conusordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Cognizor.
- Convenabledefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Suitable; agreeable; convenient; fitting. Litt. § 103.
In the civll law. To bring an action.
Proper; Just; suitable, Finlay v. Dickerson, 29 III. 20; Railway Co. v. Smith, 173 U. S. 684, 19 Sup. CL 565, 43 In Ed. 858.
Lat. In civil and old English law. It is agreed; it was agreed.
The fraternity of an abbey or priory, as societas is the number of fellows in a college. A religious house, now regarded as a merely voluntary association, not importing civil deat
- Conventicledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A private assembly or meeting for the exercise of religion. The word was first an appellation of reproach to the religious assemblies of Wycliffe in the reigns of Edward III. and R
- Conventiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In canon law. The act of summoning or calling together the parties by summoning the defendant. In the civil law. A compact, agreement, or convention. An agreement between two or mo
In the civil law. The agreement between the two parties tb a contract upon the sense of the contract proposed. It is an essential part of the contract, following the pollicitation
- Conventiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In Roman law. An agreement bstween parties; a pact. A convention was a mutual engagement between two persons, possessing all the subjective requisites of a contract, but which did
- Conventionaldefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Depending on or arising from, the mutual agreement of parties; as distinguished from legal, which means created by or arising from, the act of the law. As to conventional "Estates,
interest at the rate agreed upon and fixed by the parties themselves, as distinguished from that which the law would prescribe in the absence of an explicit agreement. Fowler v. Sm
The conventional mortgage is a contract by which a person binds the whole of his property, or a portion of it only, in favor of another, to secure the execution of some engagement,
A "conventional" trustee is one appointed by a decree of court to execute a trust, as distingnished from one appointed by the instrument creating the trust. Gilbert v. Kolb, 85 Md.
The name of a writ for the breach of any covenant in writing, whether real or personal. Reg. Orig. 115; Fitzh. Nat Brev. 145.
This name is seme-times given to compacts or treaties with foreign countries as to the apprehension and extradition of fugitive offenders. See Extradition.