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 some of the United States (e. g., Georgia) this name is given to the probateor surrogate's court or the court having the usual jurisdiction in respect to the proving of wills an
- Court of Orphansdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The court of the lord mayor and aldermen of London, which has the care of those orphans whose parent died in London and was free of the city. In Pennsylvania (and p
- Court of Oyer and Terminerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In English law. A court for the trial of cases of treason and felony. The commissioners of assise and nisi prius are judges selected by the king and appointed and authorized under
In American law. A court of criminal jurisdiction in the state of Pennsylvania. It is held at the same time with the court of quarter sessions, as a general rule, and by the same j
This court had jurisdiction of personal actions arising within twelve miles of the palace at Whitehall. Abolished by 12 A 13 Vich c. 101, 3 Steph. Comm. 317, note.
An inferior court, possessing a very ancient jurisdiction over causes of action arising within the borough of Liverpool. It appears to have been also called the "Borough Court of L
- Court of Peculiarsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A spiritual court in England, being a branch of, and annexed to, the Court of Arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury, in
The lowest (and most expeditious) of the courts of justice known to the older law of England. It is supposed to have bsen so called from the dusty feet of the suitors. It was a cou
A court of the county palatine of Durham, having a local common-law jurisdiction. It was abolished by the judicature act, which transferred its jurisdiction to the high court Jud.
A court established by statute 43 Elis. c. 12, to determine in a summary way all causes between merchants, concorning policies of insurance. Crabb, Eng. Law, 503.
- Court of Policies of Insurancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
A court established in pursuance of the statutes 43 Eliz. c. 12, and 13 & 14 Car. II. c. 23. Composed of the judge of the admiralty, the recorder of London, two doctors of the civi
A federal court created by act of Congress in 1891 (26 Sint 854 [U. S. Comp. St 1901, p. 765]), to hear and determine claims hy private parties to lands within the public domain, w
- Court of Probatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. The name of a court established in 1857, under the probate act of that year, (20 & 21 Viet c. 77,) to be held in London, to which court was transferred the testamen
In American law. A court of criminal jurisdiction in the state of Pennsylvania, having power to try misdemeanors, and exercising certain functions of an administrative nature. Ther
- Court of Queen's Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See King's Bench.
See Co.usT, sit-ora.
In English law. One of the forest courts, In England, held every third year, for the Iawing or expedita-tion of dogs, to prevent them from running after deer. It is now obsolete. 3
In England. A court established by 1 & 2 Wm. IV. c. 56, for the adjudicating upon such matters in bankruptcy as before were within the jurisdiction of the lord chancellor. It was a
An ancient court in London, of local importance, formerly held in the church from which it took its name,
The name of the highest court of civil jurisdiction in Scotland. It was composed of fifteen judges, now of thirteen. It sits in two divisions. The lord president and three ordinary
Courts of criminal jurisdiction existing in California, New York, and one or two other of the United States.
A court held before the lord warden of the Cinque Ports. A writ of error lay from the mayor and jurats of each port to the lord warden in thla court, and thence to the queen's benc
In English law. A court established in Devonshire and Cornwall, for the administration of justice among the miners and tinners, and that they may not be drawn away from their busin
- Court of Star Chamberdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
This was an English court of very ancient origin, but new-modeled by St. 3 Hen. VII. c. 1, and 21 Hen. VIII. a 20, consisting of divers lords, spiritual and temporal, being privy c
A court for the hearing of appeals by owners or masters of ships, from orders for the detention of unsafe ships, made by the English board of trade, under the merchant shipping act
In old English law. One of the forest courts, having a somewhat similar jurisdiction to that of the court of attachments, (q. v.)
An English court of inferior jurisdiction held in every fair or market for the punishment of misdemeanors committed therein, and the recognizance of weights and measures.
- Court of the Coronerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. A court of record, to inquire, when any one dies in prison or comes to a violent or sudden dcath, by what manner he came to his end. 4 Steph. Comm. 323 ; 4 Bl. Comm
A court of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands holden of the king in right of the duchy
In English law. A court instituted for the trial, during the recess of parliament, of peers indicted for treason or felony or for misprision of either. This court is not a permanen
In English law. A court constituted for the trial of scholars or privileged persons connected with the university at Oxford or Cambridge who are indicted for treason, felony or may
A high court, formerly held in England by the steward and marshal of the king's household, having jurisdiction of all actions against the king's peace within the bounds of the hous
In English law. A court which had jurisdiction of all cases of treason, misprision of treason, murder, manslaughter, bloodshed, and other malicious strikings whereby blood is shed,
- Court of Wards and Liveriesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
A court of record, established in England in the reign of Henry VIII. For the survey and management of the valuable fruits of tenure, a court of record was created by St. 32 Hen. V
The rolls of a manor, containing ali acts relating thereto. While belonging to the lord of the manor, they are not in the nature of public books for the benefit of the tenant.
- Courts of Assize and Nisi Priusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
Courts in England composed of two or more commissioners, called "judges of assize," (or of "assize and nisi prius") who are twice in every year sent by the king's special commissio
In English law. Co.urts of limited local jurisdiction formerly held before the mayor and jurats (aldermen) of the Cinque Ports.
These were the same as courts of request, (q. v.) This name is also frequently applied to the courts of equity or of chancery, not as a name but as a description. See Harper v. Cla
A species of private courts of a llmited though extensive jurisdiction, which, upon the thorough reduction of that principality and the settling of its polity in the reign of Henry
Those whose judicial acts and proceedings are enrolled in parchment, for a perpetual memorial and testimony, which rolls are calied the "records of the court," and are of such high
Inferior courts, in England, having local jurisdiction in claims for small debts, established in various parts of the kingdom by special acts of parliament. They were abolished in
In English law. A species of private court which formerly appertained to the counties palatine of Lancaster and Durham.
comprise the following: The senate of the United States, sitting as a court of impeachment ; the supreme court; the circuit courts; the circuit courts of appeals; the district cour
have jurisdiction in all personal actions to which any member or servant of the respective university is a party, provided that the cause of action arose within the liberties of th
The superior courts, both of law and equity, were for centuries fixed at Westminster, an ancient palace of the monarchs of England. Formerly, ali the superior courts were held befo
- Cousindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Kindred in the fourth degree, being the issue (male or female) of the brother or sister of one's father or mother. Those who descend from the brother or sister of the father of the
- Cousinagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See Cosinage.
Moore, 817. The company of wicked men makes me also wicked.
Custom; duty; toll; tribute, 1 Bl. Comm. 314.
(Otherwise spelled "Gousturmer" or "Coutumier.") In old French law. A collection of customs, unwritten laws, and forms of procedure. Two such volumes are of especial importance in
A person who willingly and knowingly received an outlaw, and cherished or concealed him; for which offense he underwent the same punishment as the outlaw himself. Bract 128b; Spelm
Against common right or law; contrary to the rule of the common law. Bract, fol. 48b.
An officer of the exchequer that writeth out summons twice every year, to the sheriffs, to levy the rents and debts of the pipe. Blount.
In French law, is the deposit ("margin") made by the client in the hands of the broker, either of a sum of money or of securities, in order to guaranty the broker for the payment o
A French word signifying convenient or suitable; as covenably endowed. It is anciently written "convenable." Termes de 1a Ley.
- Covenantdefined inBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. The name of a common-law form of action ex contractu, which lies for the recovery of damages for breach of a covenant or contract under seal. Stickney v. Stickney, 21
A covenant that there are no incumbrances on the land conveyed ; a stipulation against ali rights to or interests in the land which may subsist in third persons to the diminution o
- Covenanteedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The party to whom a covenant is made. Shep. Touch. 160.
An undertaking, in the form of a covenant, on the part of the vendor of real estate to do such further acts for the purpose of perfecting the purchaser's title as the latter may re
- Covenant for quiet enjoymentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
An assurance against the consequences of a defective title, and of any disturbances thereupon. Platt, Cov. 312; Rawle, Co.v. 125. A covenant that the tenant or grantee of an estate
- Covenant not to suedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A covenant by one who had a right of action at the time of making it against another person, by which he agrees not to sue to enforce such right of action.
See Covenant.
A covenant Gometimes employed, particularly in the New England states, and in deeds of extinguishment of ground rents in Pennsylvania, that neither the vendor, nor his heirs, nor a
An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed undertakes to convey.
An assurance to the purchaser that the grantor has the very estate in quantity and quality which he purports to convey. 11 East, 641; Rawle, Cov. § 58. It is said that the covenant
See Covenant.
- Covenant of warrantydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Covenant.
- Covenantordefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The party who makes a covenant. Shep. Touch. 160.
A covenant which goes with the land, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Comm. 472, note. A covenant is
Covenants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness, security, and continuance of the title transferred to the gran
Such as do not run with the land.
- Covenants Performeddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Pennsylvania practice. This is the name of a plea in the action of covenant whereby the defendant, upon informal notice to the plaintiff, may give anything in evidence which he
- Covenant to conveydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A covenant by which the covenantor agrees to convey to the covenantee a certain estate, under certain circumstances.
A conveyance adapted to the case where a person seised of land in possession, reversion, or vested remainder, proposes to convey it to his wife, child, or kinsman. In its terms it
A contraction, in the old books, of the word "convent"
- Coventry Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The name given to the statute 22 & 23 Car. II. c. 1, which provided for the punishment of assaults with intent to maim or disfigure a person. It was so named from its being occasio
The phrase "covered into the treasury," as used in acts of congress and the practice of the United States treasury department, means that money has actu-aliy ibsen paid into thetre
- Covertdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Covered, protected, sheltered. A pound covert is one that is close or covered over, as distinguished from pound overt, which is open overhead. Co. Litt. 47b; 3 Bl. Comm. 12. A feme
Under the protection of a husband; married. 1 Bl. Comm. 442. La feme que est covert de baron, the woman which is covert of a husband. Litt. § 670.
- Coverturedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The cdndition or state of a married woman. Sometimes used elliptically to describe the legal disability arising from a state of coverture, Osborn v. Horine, 19 III. 124 ; Roberts v
- Covindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A secret conspiracy or agreement bstween two or more persons to injure or defraud another. Mix v. Muzzy, 28 Conn. 191; Anderson v. Oscamp (Ind. App.) 35 N. E. 707; Hyslop v. Clarke
Deceitful; fraudnient; having the nature of or tainted by, covin.
Pusillanimity; fear; misbehavior through fear in relation to some duty to be performed before an enemy. O'Brien, Ct M. 142; Coil v. State, 62 Neb. 15, 86 N. W. 925.
An abbreviation for common picas.
An abbreviation for curia regia; aiso for chancery reports.
I. A general term, now commonly applied to all kinds of sailing vessels, , though formerly restricted to the smaller vessels. The Wenonah, 21 Grat (Va.) 697; Reed v. Ingham, 3 El.
- Cranagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A liberty to use a crane for drawing up goods and wares of burden from ships and vessels, at any creek of the sea or wharf, unto the land, and to make a profit of doing so. It also
A term vulgarly applied to a person of eccontric, ill-regulated, and unpractical menial habits; a person half-crazed; a monomaniac; not necessarily equivalent to "insane person," "
Gross neglect; absence of ordinary care and diligence. Hun v. Caiy, 82 N. Y. 72, 37 Am. Rep. 546.
Large; gross; excessive; extreme. Crassa ignorantia, gross ignorance. Fleta, llb. 5, c. 22, § 18. —Crassa uegligentia. Gross neglect; absence of ordinary care and diligence. Hun v.
Lat. On the morrow, the day after. The return-day of writs; because the first day of the term was always some saint's day, and writs were returnable on the day after. 2 Reeve, Eng.
An iron gate bsfore a prison. 1 Vent. 304.
- Cravedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
To ask or demand; as to crave oyer. See Oyer.
- Cravendefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A word of disgrace and obloquy, pronounced on either champion, in the ancient trial by battle, proving recreant, i. e., yielding. Glanville calls it "infestum e
A foreign merchant, but generally taken for one who has a stall in a fair or market Blount.
LatWe create. One of the words by which a corporation in England was formerly created by the king. 1 BL Comm. 473.
In French law. A claim; a debt; also belief, credit, faith.
One who trusts or gives credit; a creditor. Britt, cc. 28, 78.
A creditor. CowelL
To bring into being; to cause to exist; to produœ; as, to create a trust in lands, to crcate a corporation. Edwards v. Bibb, 54 Ala. 481; McClellan v. McClellan, 65 Me, 500. To cre