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 repugnant act cannot be brought into being, i. e., cannot be made effectual. Plowd. 355.
- Actus servi in iis quibus opera ejus communiter adbibita est, actus domini habeturdefined inBlack's (1910)
The act of a servant in those things in which he is usually employed, is considered the act of his master. Lofft, 227.
In French law. In relation to the contract of affreightment, signifies when the cargo is taken on condition that the master succeeds in completing his cargo from other sources. Arg
Lat. At; by ; for; near; on account of; to; until; upon.
Lat. Contraction for Anno Domini, (in the year of our Lord.)
It. Lat. For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed, ad cautelam ex superabundanti. Id. 1163.
For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit.
To another tribunal; belonging to another court, cognizance or jurisdiction.
At another day. A common phrase in the old reports. Yearb. P. 7 Hen. VI. 13.
To take assises; to take or hold the assises. Bract, fol. 110a; 3 Bl. Comm. 185. Ad assisam capiendam; to take an assise. Bract, fol. 110b.
L. Lat. From the date. Haths v. Ash, 2 Salk. 413. A die data's, from the day of the date. Id.; 2 Crabb, Real Prop. p. 248, § 1301; Hatter v. Ash, 1 Ld. Raym. 84. A dato, from the d
To hear and determine. St. Westm. 2, cc. 29, 30.
Corrupted from Adalat, justice, equity; a court of justice. The terms "Dewanny Adawlut" and "Foujdarry Adaw-lut" denote the civil and criminal courts of justice in India. Wharton.
To the bar; at the bar. 3 How. State Tr. 112.
For a share of the field or land, for champert. Fleta, lib. 2, c. 36, § 4.
Adapted tc the common understanding.
For collecting the goods of the deceased. See Administration ox Estates.
- Ad Communem Legemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
At common law. The name of a writ of entry (now obsolete) brought by the reversioners after the death of the life tenant, for the recovery of lands wrongfully alienated by him
- Ad Comparendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
To appear. Ad comparendum, et ad standum juri, to appear and to stand to the law or abide the judgment of the court. Cro. Jac. 67.
To render an account. St Westm. 2, c. 11.
Money paid by a vassal to his lord upon the selling or exchanging of a feud. Enc. Lond.
At a couch 1 Salk. 196. To court. Ad curiam vocare, to summon to court.
At the costs. Toullier; Cowell; Whishaw.
At the cost. 1 Bl. Comm. 314.
In plcading. "To the damage." The technical name of that clause of the writ or declaration which contains a statement of the plaintiff's money loss or the damages which he claims.
To defend. 1 Bl. Comm. 227.
Lat. In the civil law. To adjudge or condemn; to assign, allot or deliver; to sell. In the Roman law, addico was one of the three words used to express the extent of the civll juri
In the Roman law. The giving up to a creditor of his debtor's person by a magistrate; also the transfer of the debtor's goods to one who assumes his liabilities.
At a day; at the day. Townsh. PL 23. Ad certum diem, at a certain day. 2 Strange, 747. Solvit ad diem; he paid at or on the day. 1 Chit. PI. 485.
Whatever is added to a man's name by way of title or description, as additions of mystery, place or degree. Cowell. In English law, there are four kinds of additions,—additions of
This term embraces the idea of joining or uniting one thing to another, so as thereby to form one aggregate. Thus, "additional security" imports a security, which, united with or j
In the law of contracts. Additional terms or propositions to be added to a former agreement.
One given to the same legatee in addition-" to (and not in lieu of) another legacy given before by the same will or in a codicil thereto
- Additio probat minoritatemdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)
An addition [to a name] proves or shows minority or inferiority. 4 Inst. 80; Wing. Max. 211, max. 60. This maxim is applied by Lord Coke to courts, and terms of law ; mmoritas bein
Addonne. L. Fr. Given to. Kelham.
- Addressdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
That part of a bill in equity wherein is given the appropriate and technical description of the court in which the bill is filed. The word is sometimes used as descriptive of a for
To present, bring forward, offer, introduce. Used particularly with reference to evidence. Tuttle v. Story County, 56 Iowa, 316, 9 N. W. 292. "The word 'adduced' is broader in its
Laws are adapted to those cases which most frequently occur. 2 Inst. 137; Broom, Max. 48. Laws are adapted to cases which frequently occur. A stafute, which, construed according to
- Adeemdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To take away, recali or revoke. To satisfy a legacy by some gift or substituted disposition, made by the testator, in advance. Tolman v. Tolman, 85 Me. 317, 27 Atl. 184. See Adempt
To the effect or end. Co. Litt. 204a; 2 Crabb, Real Prop. p. 802, § 2143. Ad effectum sequentem, to the effect following. 2 Salk. 417.
In Spanish law. A governor of a province; a president or president judge; a judge having jurisdiction over a kingdom or over certain provinces only. So called from having authority
Noble; excellent. A title of honor among the Anglo-Saxons, properly belonging to the king's children. Spelman.
Lat In the civil law. A revocation of a legacy; an ademption. Inst. 2, 21, pr. Where it was expressly transferred from one person to another, it was called translatio. Id. 2, 21,1;
- Ademptiondefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
The revocation, recalling or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts d
Lat So, as. Adeo plene et integre, as fully and entirely. 10 Coke, 65.
Sufficient; proportionate; equally efficient. —Adequate care. Such care as a man of ordinary prudence would himself take under similar circumstances to avoid accident; care proport
Such care as a man of ordinary prudence would himself take under similar circumstances to avoid accident; care proportionate to the risk to be incurred. Wallace v. Wilmington & N.
In criminal law. Adequate cause for the passion which reduces a homicide committed under its influence from the grade of murder to manslaughter, means such cause as would commonly
One which is equal, or reasonably proportioned, to the value of that for which it is given. 1 Story, Eq. Jur. §§ 244 —247. An adequate consideration is one which is not so dispropo
See Adequate.
In the civil law. To be present; the opposite of abesse. Calvin.
For exchange; for compensation. Bract, fol. 12b, 37b.
To the disherison or disinheriting; to the Injury of the inheritance. Bract fol. 15a; 3 Bl. Comm. 288. Formal words in the old writs of waste.
At issue; at the end (of the pleadings.) Steph. PL 24.
To do. Ch Litt 204a. Ad faciendum, subjiciendum et recipiendum; to do, submit to, and receive. Ad fabiendam juratamillam; to make up that jury. Fleta, llb. 2, c. 65, § 12.
In Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this kind cannot claim the benefit of the act of grac
To fee farm. Fleta, llb. 2, c. 50, § 30.
In the civil law. The welding together of iron; a species of
- Ad Fidemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In allegiance, 2 Kent, Comm. 56. Subjects bom ad fidem are those bom in allegiance.
To the thread of the water; to the central line or middle of the stream. Usque ad fllum aquæ, as far as the thread of the stream. Bract, fol. 208b; 235a. A phrase of frequent occur
To the middle of the way; to the central line of the road. Parker v. Inhabitants of Framingham, 8 Mete. (Mass.) 260.
Abbreviated ad fin. To the end. It is used in citations to books, as a direction to read from the place designated to the end of the chapter, section, etc. Ad finem litis, at the e
- Ad Firmamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
To farm. Derived from an old Saxon word denoting rent. Ad firmam noctis was a fine or penalty equal in amount to the estimated cost of entertaining the king for one night. Cowell.
- Ad Gaolas Deliberandasdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
To deliver the gaols; to empty the gaols. Bract, fol. 109b. Ad gaolam deliberandam; to deliver the gaol; to make gaol delivery. Bract, fol. 110b.
To the grievance, injury or oppression. Flete, 11b. 2, c. 47, § 10.
- Adherencedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In Scotch law. The name of a form of action by which the mutual obligation of marriage may be enforced by either party. Bell. It corresponds to the English action for the restituti
Joining, leagued with, cleaving to; as, "adhering to the enemies of the United States." Rebels, being citizens, are not "enemies," within the meaning of the constitution ; hence a
In the civil law. To apply; to employ; to exercise; to use. Adhibere diligentiam, to use care. Adhihere vim, to employ force.
For this; for this special purpose. An attorney ad hoe or a guardian or curator ad hoc, is one appointed for a special purpose, generally to represent the client or infant in the p
To the person. A term used in logic with reference to a personal argument.
At this day. 1 Leon. 90.
A term used in the laws of Holland for the application of property by an executor. Wharton.
To the same point or effect Ad idem facit, it makes to or goes to establish the same point. Bract, fol. 27b.
L. Fr. Without day. A common term in the Year Books, implying final dismissal from court
Denomination ought to be from the more worthy. The description (of a place) should be taken from the more worthy subject, (as from a will.) Fleta, lib. 4, c. 10, § 12.
The title and exposition of a thing ought to be derived from or given or made with reference to, the more worthy degree, quality or species of it. Wing. Max. 265, max. 75.
Thereunto. Ad inde requisitus, thereunto required. Townsh. PI. 22.
Without limit; to an infinite extent; indefinitely.
To inquire; a writ of inquiry; a judicial writ, commanding inquiry to be made of any thing relating to a cause penning in court. Cowell.
At the instance. 2 Mod. 44. Ad instantiam partis, at the instance of a party. Hale, Com. Law, 28.
In the mean time. An officer ad interim is one appointed to fill a temporary vacancy or to discharge the duties of the office during the absence or temporary incapacity of its regu
A waxy substance (chemically margarate of ammonium or ammonia-cal soap) formed by the decomposition of animal matter protected from the air but subjected to moisture; in medical ju
- Adiratusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lost; strayed; a price or value set upon things stolen or lost, as a recompense to the owner. Cowell.
- Aditdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
In mining law. A lateral entrance or passage into a mine; the opening by which a mine is entered or by which water and ores are carried away; a horizontal excavation in and along a
- Aditusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
An approach; a way; a public way. Co. Litt. 56a.
- Adjacentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Lying near or close to; contiguous. The difference between adjacent and adjoining seems to be that the former implies that the two objects are not widely separated, though they may
- Adjective Lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The aggregate of rules of procedure or practice. As opposed to that body of law which the courts are established to administer, (called "substantive law,") it means the rules accor
- Adjoiningdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The word "adjoining," in its etymological sense, means touching or contiguous, as distinguished from lying near to or adjacent. And the same meaning has been given to it when used
To put off; defer; postpone. To postpone action of a convened court or body until another time specified or indefinitely, the latter being usually called to adjourn sine die. Bisph
A term applied in Scotch law and practice to the records of the crim-inui courts. The original records of criminal trials were called "bukis of adiornale," or "books of adjournal,"
An adjournment is to appoint a day or give a day. 4 Inst. 27. Hence the formula "eat sine die."
In Lat. It is adjourned. A word with which the old reports very frequently conclude a case. 1 Ld. Raym. 602 ; 1 Show. 7; 1 Leon. 88.
A summons taken out in the chambers of a juage, and afterwards taken into court to be argued by counsel.
In practice. A continuance, by adjournment, of a regular term. Harris v. Gest, 4 Ohio St. 473 ; Kingsley v. Bagby, 2 Kan App. 23, 41 Pac. 991. Distinguished from n "additional term
- Adjournmentdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A putting off or postponing of business or of a session until another time or place; the act of a court, legislative body, public meeting or officer, by which the session or assemb
A further day appointed by the judges at the regular sittings at nrst prius to try issue of fact not then ready for trial.
In English practice. A day appointed some days before the end of the term at which matters left undone on the affirmance day are finished. 2 Tidd, Pr. 1176.
The appointment of a day when the jfustices in eyre mean to sit again. Cowell; Spelman.
To pass upon judicially; to decide, settle or decree; to sentence or condemn. Webb v. Bidwell, 15 Minn. 479, (Gil. 394;) Western Assur. Co. v. Klein. 48 Neb. 904, 67 N. W. 873; Bia
- Adjudicatairedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Canadian law. A purchaser at a sheriff's sale. See 1 Low. Can. 241; 10 Low. Can. 325.