Black's Law Dictionary

A dealer, in the popular, and therefore in the statutory, sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again. Norris v. Com., 27 Pa. 4

The puffing of goods to induce the sale thereof; not regarded in law as fraudnient unless accompanied by some artifice to deceive the purchaser and throw him off his guard or some

Transactions in the course of trade or business. Held to include payments to a bankrupt. Moody & M. 137; 3 Car. & P. 85.

Breve, Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in their accou

Of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitration. Cowell.

Lat. Concerning bribery. A phrase descriptive of the subject-matter of several of the Roman laws; as the Lex Aufldia, the Lex Pompeia, the Lex Tullia, and others. See Ambitus.

Of more abundant or especial grace. Townsh. PI. 18.

In English ecclesiastical law. An ecclesiastical dignitary who presides over the chapter of a cathedral, and is next in rank to the bishop. So called from having been originally ap

In ecclesiastical law. The council of a bishop, to assist him with their advice in the religious and also in the temporal affairs of the see. 3 Coke, 75; 1 Bl. Comm. 382; Co. Litt.

Of the bissextile or leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or direction to th

Breve. Writ of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chaplains, demanded the same of the abbot

For a yearly rent. A writ to recover an annuity, no matter how payable, in goods or money. 2 Reeve, Eng. Law, 258.

The presiding judge of the Court of Arches. He is also an assistant judge in the court of admiralty. 1 Kent, Comm. 371; 3 Steph. Comm. 727.

Breve. Writ for taking an apostate. A writ which anciently lay against one who, having entered and professed some order of religion, left it and wandered up and down the country, c

(Lat Of arbitration had.) A writ formerly used when an action was brought for a cause which had been settled by arbitration. Wats. Arb. 256.

An old writ which lay to seize goods in the hands of a party during the pendency of a suit, to prevent their being made away with. Reg. Orig. 126b.

A writ which lay for the arrest of one who had token the king's money to serve in the war, and hid himself to escape going. Reg. Orig. 24b.

Of art and part A phrase in old Scotch law.

Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, one of which was the waste they

(Lat For proroguing assise.) A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king. challenge, and must then stand or

For proving age. A writ which formerly lay to summon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being of full age. Fitzh. Nat.

The extinction of life; the departure of the soul from the body; defined by physicians as a total stoppage of the circulation of the blood, and a cessation of the animal and vital

In Scotch law. A state of sickness which ends in death. Ersk. Inst. 3, 8, 95. —Death-bed deed. In Scotch law. A deed made by a person while laboring under a distemper of which he a

In Scotch law. A deed made by a person while laboring under a distemper of which he afterwards died. Ersk. Inst. 3, 8, 96. A deed is understood to be in death-bed, if, before signi

The executioner; hangman; he that executes the extreme penalty of the law.

See Dead's Part; Dead Man's Part.

A warrant from the proper executive authority appointing the time and place for the execution of the sentence of death upon a convict judicially condemned to suffer that penalty.

A special guard set to watch a prisoner condemned to dcath, for some days before the time for the execution, the special purpose being to prevent any escape or any attempt to antic

A writ which lay to the Judges of a court, requiring them to receive and admit an attorney for a party. Reg. Orig. 172; Fitzh. Nat. Brev. 156.

For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine cases of heinous misdemeanor, trespas

Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a pluries writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was c

A writ to replevy beasts. 3 Bl. Comin. 149.

For returning the cattle. A term applied to pledges given in the old action of replevim 2 Beeve, Eng. Law, 177.

Of the bench. A term formerly applied in England to the justices of the court of common pleas or "bench," as it was originally styled.

To entice, to corrupt, and, when used of a woman, to seduce. Originally, the term had a limited signification, mcaning to entice or draw one away from his work, employment or duty;

Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for t

A certificate given by the collector of a port, under the United States customs laws, to the effect that an importer of merchandise therein named is entitled to a drawback, (q. v.,

A stock or fund representing money borrowed by a company or public body, in England, and charged on the whole or part of its property.

There ought to be an end of suits; there should toe some period put to litigation. Jenk. Co.nt 61.

He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiff's declaration,) in an action of debt, where it was brought by one of the orig

(Lat He owes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit at a mlll or in case of a writ o

One [every one] ought to be subject to the law [of the place] where he offends. 3 Inst. 84. This maxim is taken from Bracton. Bract, fol. 154b.

Every man's house should be a perfectly safe refuge. Clason v. Shot-well, 12 Johns. (N. Y.) 31, 54.

In Fr. For rood and evil. A phrase by which a party acoused of a crime anciently put himself upon a jury, indicating his entire submission to their verdict

L. Fr. Of the goods of the deceased. Dyer, 32.

Concerning men twice married. The title of the statute 4 Edw. L St. 3; se called from the initlal words of the fifth chapter. 2 Inst 272; 2 Reeve, Eng. Law, 142.

A weak foundation frustrates [or renders vain] the work [built upon it.] Shep. Touch. 60; Noy, Max. 5, max. 12; Finch, Law, b. 1, ch. 3. When the foundation falls, all goes to the

A sum charged as due or owing. The term is used in book-keeping to denote the charging of a person or an account with all that is supplied to or paid out for him or for the subject

L. Lat. In Scotch laW. Debts secured upon land. Ersk. Inst. 4, 1, 11.

L. Lat. In old English law. Debts of the laity or of lay persens. Debts recoverable in the civil courts were anciently se called. Crabb, Eng. Law, 107.

Debts follow the person of the debtor; that is, they have no locality, and may be collected wherever the debtor can be found. 2 Kent, Comm. 429; Story, Confl. Laws, § 362.

In the civil and old English law. A debtor.

A debtor is not presumed to make a gift. Whatever disposition he makes of his property is supposed to be in satisfaction of his debts. 1 Karnes, Eq. 212. Where a debtor gives money

1 Poth. Obi. 108; Broom, Max. 697. The rights of creditors can neither be taken away nor diminished by agreements among the debtors.

A female debtor.

Something due or owing; a debt.

Debt and contract are of [belong to] no place; have no particular locality. The obligation in these cases is purely personui, and actions to enforce it may be brought anywhere. 2 I

A debt or obligation complete when contracted, but of which the performance cannot be required till some future period.

b. Lat Debt without writ; debt without a declaration. In old practice, this term denoted an action begun by original bill, instead of by writ In modern usage, it is sometimes appli

L. Fr. Of good memory; of sound mind. 2 Inst. 510.

For goods taken away; for taking away goods. The action of trespass for taking persenal property is technically called "trespass de bonis asportatis." 1 Tidd, Pr. 5.

An abbreviation of De bonis non administratis, (q. v.) 1 Strange, 34.

Of the goods not administered. When an administrator is appointed to sucoeed another, who has left the estate partiuily unsettled, he is said to be granted "administration de bonis

Writ for not removing goods. A writ anciently directed to the sheriffs of London, commanding them, in cases where a writ of error was brought by a defendant against whom a judgment

Of his own goods. The technical name of a judgment against an administrator or exechtor to be satisfied from his own property, and not from the estate of the decoased, as in cases

(Lat From the goods of the testator, if he has any, and, if not, from those of the executor.) A judgment rendered where an executor falsely pleads any matter as a release, or, gene

Of the goods of the testator or intestate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual pro

For good and ill. The Latin form of the law French phrase "De bien et de mat." In ancient criminal pleading, this was the expression with which the prisoner put himself upon a Jury

For good behavior; for good abearance.

A sum of money due by certain and express agreement; as by band for a determinate sum, a bill or note, a special bargain or a rent reserved on a lease, where the amount Is fixed an

A debt or demand founded upon a verbal or implied contract, or upon any written agreement that is not under seal.

A debt due, or acknowledged to be due, by some deed or instrument under seal; as a deed of covenant or sale, a lease' reserving rent, or a bond or obligation. 2 Bl. Comm. 465; Kerr

A person to whom a debt is due; a creditor. 3 Bl. Comm. 18; Plowd. 543. Not used.

A species of debt or obligation mentioned by Glanville and Bracton, and which arose em m,utuo, out of a certain kind of loan. Gian. lib. 10, c. 3; Bract, fol. 99. See Mutuum ; Ex M

A debt which appears to be due by the evidence of a court of reconi, as by a judgment or recognizance. 2 Bl. Comm. 465.

One who owes a debt; he who may be compelled to pay a claim or demand. —Common debtor. In Scotch law. A debtor whose effects have been arrested by several creditors. In regard to t

The stafute 32 & 33 Viet. c. 62, abolishing imprisonment for debt in England, and for the punishment of fraudulent debtors. 2 Steph. Comm. 159-164. Not to be confounded with the Ba

In English law. A summons issuing from a court having jurisdiction in bankruptcy, upon the creditor proving a liquidated debt of not less than £50, which he has failed to collect a

Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154.

The ten commandments given by God to Moses. The Jews called them the "Ten Words," hence the name.

A deanery. Spelman. A company of ten persons. Calvin.

The office, jurisdiction, territory or command of a decanus or dean. Spelman.

In ecclesiastical and old European law. An officer having supervision over ten; a dean. A term applied not only to ecclesiastical, but to civil and military, officers. Decanus mona

Of the chief lords of the fee.

The act of beheading. A mode of capital punishment by cutting off the head.

Of those who have lost their status or civil condition. Dig. 4, 5. The name of a title in the Pandects. See Capitis Deminutio.

(For restoring charters.) A writ to secure the delivery of charters or deeds; a writ of detinue. Reg. Orig. 159b.

(For restoring chattels.) A writ to secure the return specifically of chattels detained from the owner. Cowell.

Writ to take cautipn or security. A writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had offered sufficien

n. Death; departure from Ilfe, not including civil death, (see Death.) In re Zeph's Estate, 50 Hun, 523, 3 N. Y. Supp. 460. v. To die; to depart life or from ilfe. This has always

A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testete or i

A fraudulent and cheating misrepresentation, artifice or device, used by one or more persons to. deceive and trick another, who is ignorant of the true facts, to the prejudico and

A sham plea; one alleging as facts things which are obviously false on the face of the plea. Gray v. Gidiere, 4 Strob. (S. C.) 443.

(Ten such; or ten teles, jurors.) In practice. The name of a writ which issues in England, where, on a trial at bar, ten jurors are necessary to make up a fnil panel, commanding th

Lat. In the Roman law. Ten persons (five senators and five equites) who acted as the council or assistants of the prætor, when he decided on matters of law. Hallifax, Civil Law, b.

In old English law. A tithing or decennary; the precinct of a frankpledge; consisting of ten freeholders with their families. Spelman.

Lat One who held' one-balf a virgate of land. Du Cange. One of the ten frceholders in a decennary. Id.; Calvin. Deeennier. One of the decennarii or ten freeholders making up a tith

A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law, 13; 1 Bl. Comm. 114. Deceptis non decipientibns, jura subveniunt. The laws help persons who are deceived, not th

In Scotch law. To decree. "Decernit and ordainit." 1 How. State Tr. 927. "Decerns." Shaw, 10.

A writ requiring a thing to be certified. A kind of certiorari. Reg. Orig. 151, 152.