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 criminal law. One who unlawfully makes base coin in imitation of the true metal, or forges false currency, or any instrument of writing, bearing a likeness and similitude to tha
The act of forging.
- Countermanddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
A change or revocation of orders, authority or Instructions previously Issued. It may be either express or implied; the former where the order or Instruction already given is expli
A sign put upon goods already marked ; also the several marks put upon goods belonging to several persons, to show that they must not be opened, but in the presence of ali the owne
- Counterpartdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In conveyancing. The corresponding part of an instrument; a duplicate or copy. Where an instrument of conveyance, as a lease, is executed in parts, that is, by having several copie
A copy of the original writ, authorized to be issued to another county when the court has jurisdiction of the cause by reason of the fact that some of the defendants are residents
See Plea.
In English law. The rolls which sheriffs have with the coroners, containing particuiars of their proceedings, as well of appeals as of inquests, etc. 3 Edw. L e, 10.
- Counter-securitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A security given to one who has entered into a bond or become surety for another; a countervailing bond of indemnity.
See Counter.
- Countersigndefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
The signature of a secretory or other subordinate officer to any writing signed hy the principal or superior to vouch for the authenticity of it. Fifth Ave. Bank v. Railroad Co., 1
To counterbalance; to avail against with equal force or virtue; to compensate for or serve as an equivalent of or substitute for —Countervail livery. At common law, a release was a
See Equity.
At common law, a release was a form of transfer of real estate where some right to it existed in one person but the actual possession was in another; and the possession in such cas
L. Fr. Count, or reckon. In old practice, A direction formerly given by the clerk of a court to the crier, after a jury was sworn, to number them; and which Blackstone says was giv
Advocates or serjeants at law, whom a man retains to defend his cause and speak for him in court, for their fees. 1 Inst. 17.
In English parliamentary law. Forty members form a house of commons; and, though there be ever so many at the beginning of a debate, yet, lf during the course of it the house shoul
- Countrydefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The portion of the earth's surface occupied by an independent nation or people; or the inhabitants of such territory. In its primary meaning "country" signifies "place;" and, in a
- Countydefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The name given to the prin--cipal subdivisions of the kingdom of England and of most of the states of the American Union, denoting a distinct portion of territory organized by itse
A bridge of the larger class, erected by the county, and which the county is liable to keep in repair. Taylor v. Davis County, 40 Iowa, 295; Boone County v. Mutchler, 137 Ind. 140,
- County commissionersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Countv.
A court of high antiquity in England, incident to the jurisdiction of the sheriff. It is not a court of record, but may hold pleas of debt or damages, under the value of forty shil
- County corporatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A city or town, with more or less territory annexed, having the privilege to be a county of itself, and not to be comprised in any other county; such as London, York, Bristol, Norw
A place of incarceration for the punishment of minor offenses and the custody of transient prisoners, where the ignominy of confinement is devoid of the infamous character which an
- County palatinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A term bestowed upon certain counties in England, the lords of which in former times enjoyed especial privileges. They might pardon treasons, murders, and felonies. All writs and i
In English law. An imposition levied on the occupiers of lands, and applied to many miscellaneous purposes, among which the most important are those of defraying the expenses conne
A county-seat or county-town is the chief town of a county, where the county buildings and courts are located and the county business transacted. Williams v. Reutzel, 60 Ark. 155,
- County sessionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In England, the court of general quarter sessions of the peace held in every county once in every quarter of a year. Mozley & Whitley.
The county-seat; the town in which the seat of government of the county is located. State v. Cates, 105 Tenn. 441, 58 S. W. 649.
An order or warrant drawn by some duly authorized officer of the county, directed to the county treasurer and directing him to pay out of the funds of the county a designated sum o
Bonds to which are attached coupons for the several successive installments of interest to maturity. Benwell v. Newark, 55 N. J. Eq. 260, 36 Atl. 668; Tennessee Bond Cases, 114 U.
Promissory notes with coupons attached, the coupons being notes for interest written at the bottom of the principal note, and designed to be cut off severally and presented for pay
Interest and dividend certificates ; also those parts of a commercial instrument which are to be cut, and which are evidence of something connected with the contract mentioned in t
The supreme Judicial tribunal of Franco, having appellate jurisdiction only. For an account of its composition and powers, see Jones, French Bar, 22; Guyot, Repert Univ.
- Coursedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A term used in surveying, meaning the direction of a line with reference to a meridian. —Course of business. Commercial paper is said to be transferred, or sales alleged to have be
Commercial paper is said to be transferred, or sales alleged to have been fraudulent may be shown to have been made, "in the course of business," or "in the usual and ordinary cour
The course of a river is a line parallel with its banks; the term is not synonymous with the "current" of the river. Attorney General v. Railroad Co., 9 N. J. Eq. 550.
By this term is understood the regular and customary track, if such there be, which a ship takes in going from one port to another, and the shortest way. Marsh. Ins. 185.
What is customarily or ordinarily done in the management of trade or business.
- Courtdefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In legislation. A legislative assembly. Parliament is called in the old books a court of the king, nobility, and commons assembled. Finch, Law, b. 4, c. 1, p. 233; Fleta, lib. 2, c
In appellate practice, the "court above" is the one to which a cause is removed for review, whether by appeal, writ of error, or certiorari; while the "court below" is the one from
- Court-Barondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. A court which, although not one of record, is incident to every manor, and cannot be severed therefrom. It was ordained for the maintenance of the services and duti
The ecclesiastical courts in England are often so called, as distinguished from the civil courts. 1 Bl. Comm. 83; 3 Bl. Comm. 64; 3 Steph. Comm. 480.
See Curtest.
A court established by St. 11 & 12 Viet. c. 78, composed of such of the judges of the superior courts of Westminster as were able to attend, for the consideration of questions of l
The style of a court having Jurisdiction for review, by appeal or writ of error. The name was formerly used in New York and South Carolina.
In English law. A local court which has its sittings in London only, which receives the petitions of in-selvent debtors, and derides upon the question of granting a discharge.
A tribunal empowered to try any officer of government or other person brought to its bsr by the process of impeachment. In England, the house of lords constitutes such a court; in
- Court-Handdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English practice. The peculiar hand in which the records of courts were written from the earliest period down to the reign of George II. Its characteristics were great stren
The building occupied for the public sessions of a court, with its various offices. The term may be used of a place temporarily occupied for the sessions of a court, though not the
A meeting of all the judges of a court, usually for the purpose of hearing arguments on demurrers, points reserved, motions for new trial, etb., as distinguished from sessions of t
- Court-Landsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Domains or lands kept in the lord's hands to serve his family.
The name of an English court of record held once in the yeaT, and not oftener, within a particular hundred, lordship or manor, before the steward of the leet; being the king's cour
- Court-Martialdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A military court, convened under authority of government and the articles of war, for trying and punishing military offenses committed by soldiers or sailors in the army or navy. P
- Court of Admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
A court having jurisdiction of causes arising under the rules of admiralty law. See Admiralty. —High court of admiralty. In English law. This was a court which exercised jurisdicti
In English law. A court of peculiar constitution, held by a baillff appointed by the king, in which alone the tenants of the king's demesne conid be impleaded. 2 Burrows, 1046; 1 S
In American law. An appellate tribunui which, in Kentucky, Maryland, the District of Columbia, and New York, is the court of last resort. In Delaware and New Jersey, it is known as
A court erected by act of congress under the articles of Confederation which preceded the adoption of the constitution. It had appellate jurisdiction in prise causes.
A court of arbitrators, created for the convenience of merchants in the city of New York, by act of the legislature of New York. It decides disputes between members of the chamber
The most inferior of the English ecclesiastical courts, from which an appeal generally lies to that of the bishop, 3 Bl. Comm. 64.
In Massachusetts during the early celonial period, this name was given to the chief or supreme judicial court, composed of the governor, his deputy, and certain assistants.
- Court of Attachmentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The lowest of the three courts held in the forests. It has fallen into total disuse.
Ecclesiastical courts, fn which the primates once exercised in person a considerable part of their jurisdiction. They seem to be now obsolete or at least to be only used on the rar
- Court of Augmentationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An English court created in the time of Henry VIII., with jurisdiction over the property and revenue of certain religious foundations, which had been made over to the king by act o
- Court of Bankruptcydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An English court of record, having original and appellate jurisdiction in matters ot bankruptcy, and invested with both legal and equitable powers for that purpose. In the United S
An assembly of the mayors or other chief officers of the principal towns of the Cinque Ports in England, originally administering the chief powers of those ports, now almost extinc
(Fr. cour de cassation.) The highest court in France; so termed from possessing the power to quash (casser) the decrees of inferior courts. It is a court of appeal in criminal as w
- Court of Chancerydefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A court having the jurisdiction of a chancellor; a court administering equity and proceeding according to the forms and principles of equity. In England, prior to the judicature ac
- Court of Chivalrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. The name of a court anciently held as a court of honor merely, before the earl-marshal. and as a criminal court before the lord high constable, jointly with the ear
Was a court not of record, held before the lord high constable and earl marshal of England. It had jurisdiction, both civil and criminal, in deeds of arms and war, armorial bearing
One of the courts of the United States, erected by act of congress. It consists of a chief justice and four associates, and holds one annual session. It Is located at Washington. I
The name of certain English courts created by commission under the great seal pursuant to the statute of sewers, (23 Hen. VIII. a 5.)'
- Court of Common Pleasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The English court of common pleas was one of the four superior courts at Westminster, and existed up to the passing of the judicature acts. It was also styled the "Common Bench." I
The oldest court in the sinte of New York. Its jurisdiction is unlimited as respects amount, but restricted to the city and county of New York as respects locality. It has also app
- Court of Convocationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English ecclesiastical law. A court or assembly, comprising all the high officials of each province and representatives of the minor clergy. It is in the nature of an ecclesiast
There is in each county of Alabama a court of record, styled the "court of county commissioners," composed of the judge of probate, as principal judge, and four commissioners, who
An English tribunal composed of delegates appointed by royal commission, and formerly the great court of appeal in all ecclesiastical causes. The powers of the court were, by 2 & 3
- Court of Equitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A court which has jurisdiction in equity, which administers justice and decides controversies in accordance with the rules, principles, and precedents of equity, and which follows
An expression applied especially to the court of exchequer chamber and the house of lords, as inking cognizance of error brought. Mozley & Whitley. It is applied in some of the Uni
The court of last resort in the state of New Jersey is so named. Formerly, the same title was given to the highest court of appeal in New York. —High court of errors and appeals. T
- Court of Exchequerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English law. A very ancient court of record, set up by Willinm the Conqueror as a part of the aula regts, and afterwards one of the four superior courts at Westminster. It was,
- Court of Exchequer Chamberdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
The name of a former English court of appeal, intermediate between the superior courts of common law and the house of lords. When sitting as a court of appeal from any one of the t
See those titles.
In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold picas in any suits, but creates rights to pews, monuments, and particular pl
In American law. A court of criminal jurisdiction in New Jersey. In English law. A court of criminal jurisdiction, in England, held in each county once in every quarter of a year,
The name given in some of the states (as New York) to a court of genefal original jurisdiction in criminal cases.
A court formerly held in Wales; abolished by 11 Geo. IV. and 1 Wm. IV. c. 70, and the Welsh judicature incorporated with that of England. 3 Steph. Comm. 317, note.
An assembly of the members of the Court of Brotherhood (supra) together with other representatives of the corporate members of the Cinque Porte, invited to sit with the mayors of t
In English law. An ecclesiastical court of very formidable jurisdiction, for the vindication of the peace and dignity of the church, by reforming, ordering, and correcting the eccl
A court having jurisdiction to hear and redress injuries or affronts to a man's honor or personal dignity, of a nature not cognizable by the ordinary courts of law or encroachments
- Court of Hustingsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
In English law. The county court of London, held before the mayor, recorder, and sheriff, but of which the recorder is, in effect, the sole judge. No actions can be brought in this
In English law. A court sometimes appointed by the crown to ascertain whether it be proper to resort to extreme measures against a person charged before a court-martial. In America
In English law. The principal of the forest courts.
A Scotch court of general criminal jurisdiction of all offenses committed in any part of Scotland, both to try causes and to review decisions of inferior criminal courts. It is com
- Court of King's Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The supreme court of common law in the kingdom, now merged in the high court of justice under the judicature act of 1873, § 16.
In a wide sense, any duly constituted tribunal administering the laws of the state or nation; in a narrower sense, a court proceeding according to the course of the common law and
An ancient court of the Cinque Ports, having jurisdiction in maritime matters, and particularly over pilots (lodemen.)
In American law. The name of a court formerly established in South Carolina for the trial of slaves and free persons of color for criminal offenses.
A court which has jurisdiction of all trespasses committed within the verge of the king's court, where one of the parties was of the royal household; and of all debts and contracts
- Court of Nisi Priusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In American law. Though this term is frequently used as a general designation of anjf court exercising general, original jurisdiction in civll cases, (being used interchangeably wi