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
To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense. United States v. Irwin, 127 U. S. 125, 8 Sup. Ot 1033, 32 L.
In French and civil lawThe purchaser at a judicial sale. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.
In the Civil law. An adjudication. The judgment of the court that the subject-matter is the property of one of the litigants; confirmation of title by judgment. Mackeld. Rom. Law,
- Adjudicationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The giving or pronouncing a judgment or decree in a cause; also the judgment given. The term is principally used in bankruptcy proceedings, the adjudication being the order which d
When a debtor's heir apparent renounces the succession, any creditor may obtain a decree cognitionis causa, the purpose of which is that the amount of the debt may be ascertained s
See Bankruptcy.
An action by a grantee against his grantor to compel him to complete the title.
The judgment or decree of a court having jurisdiction, that a person against whom a petition in bankruptcy has been filed, or who has filed his voluntary petition, be ordered and a
To judgment; to court. Ad judicium provocare; to summon to court; to commence an action; a term of the Roman law. Dig. 5, 1, 13, 14.
In the civil law. Adjunction; a species of accessio, whereby two things belonging to different proprietors are brought into firm connection with each other; such as interweaving, (
Additional judges sometimes appointed in the English high court of delegates. See Shelf. Lun. 310.
An accessory or appurtenance.
To joining in aid; to join in aid. See Aid Prayer.
To the rights of the king; a writ which was brought by the king's clerk, presented to a llving, against those who endeavored to eject him, to the prejudice of the king's title. Reg
A swearing or binding upon oath.
To bring to proper relations; to settle; to determine and apportion an amount due. Flaherty v. Insurance Co., 20 App. Div. 275, 46 N. Y. Supp. 934; Miller v. Insurance Co., 113 Iow
- Adjustmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In the law of insurance, the adjustment of a loss is the ascertainment of its amount and the ratable distribution of it among those liable to pay it; the settling and ascertaining
We ought to be favored, not Injured, by that which is intended for our benefit. (The species of bailment called "loan" must be to the advantage of the borrower, not to his detrimen
In Welsh law. A proprietor who, for some cause, entered the service of another proprietor, and left him after the expiration of a year and a day. He was liable to the payment of 30
- Ad Largumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)Bouvier (1839)
At large; at liberty; free or unconfined. Ire ad largum, to go at large. Plowd. 37. At large; giving details, or particulars; in extenso. A special verdict was formerly called a ve
To purge one's self of a crime by oath.
For the suit; for the purposes of the suit; pending the suit. A guardian ad litem is a guardian appointed to prosecute or defend a suit on behalf of a party incapacitated by infanc
For gain or loss. Emphatic words in the old warrants of attorney. Reg. Orig. 21, et seq. Sometimes expressed in English, "to lose and gain." Plowd. 201.
For greater security. 2 How. State Tr. 4182.
A person who swore by laying his hands on the book.
At hand; ready for use. Et querens sectam habeat ad manum; and the plaintiff immediately have his suit ready. Fleta, lib. 2, c. 44, § 2.
Ascertainment by measure; measuring out; assignment or apportionment by measure, that is, by fixed quantity or value, by certain limits or in definite and fixed proportions. —Admea
- Admeasurement of dowerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In practice. A remedy which lay for the heir on reaching his maj'ority to rectify an assignment of dower made during his minority, by which the dower-ess had received more than she
- Admeasurement of pasturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English law. A writ which lies between those that have common of pasture appendant, or by vicinage, in cases where any one or more of them' surcharges the common with more cattl
It lay agninst persons who usurped more than their share, in the two following cases Admeasurement of dower, and admeasurement of pasture. Termes de 1a Ley.
To the middle thread of the stream.
To the middle thread of the way.
A writ directed to a coroner commanding him to hold a second inquest. See 45 Law J. Q. B. 711.
In old English law. Admeasurement. Reg. Orig. 156, 157.
In old Italian law. Persons chosen by the consent of contending parties, to decide questions between them. Literally, mediators. Speiman.
- Adminicledefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In Scotch law. An aid or support to something else. A collateral deed or writing, referring to another which has been lost, and which it is in general necessary to produce before t
- Adminiculardefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Auxiliary to. "The murder would be adminicular to the rob bery," (i. e., committed to accomplish It.) The Marianna Flora, 3 Mason, 121, Fed. Gan. No. 9080. —Adminicular evidence. I
Auxiliary or supplementary evidence, such as is presented for the purpose of explaining and completing other evidence. (Chiefly used in ecclesiastical law.)
To give adminicular evidence.
An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman.
Lat An adminicle; a prop or support; an accessory thing. An aid or support to something else, whether a right or the evidence of one. It is principally used to designate evidence a
To discharge the duties of an office; to take charge of business; to manage affairs; to serve in the conduct of affairs, in the application of things to their uses; to settle and d
- Administrationdefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In public law. The administration of government means the practical management and direction of the executive department or of the public machinery or functions or of the operation
The management and settlement of the estate of an intestate, or of a testator who has no executor, performed under the supervision of a court, by a person duly qualified and legall
- Administration Suitdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
In English practice. A suit brought in chancery, by any one interested, for administration of a decedent's estate, when there is doubt as to its solvency. Stimson.
Pertaining to administration. Particniarly, having the character of executive or ministerial action. In this sense, administrative functions or acts are distinguished from such as
That branch of public law which deals with the various organs of the sovereign power considered as in motion, and prescribes in detail the manner of their activity, being concerned
Politically and as used in constitutional law, an officer of the executive department of government, and generally one of inferior rank ; legally, a ministerial or executive office
- Administratordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
in the most usual sense of the word, is a person to whom letters of administration, that is, an authority to administer the estate of a deceased person, have been granted by the pr
A female who administers or to whom letters of administration have been granted.
Lat He has administered. Used in the phrase plene administravit, which is the name of a plea by an executor or administrator to the effect that he has "fully administered" (lawfull
In European law. An officer who presided over the admiralitas or collegium ammiralitatis. Loce, de Jur. Mar. lib. 2, c. 2, § 1. In old English law. A high officer or magistrate tha
In Lat. Admiralty; the admiralty, or court of admiralty. In European law. An association of private armed vessels tor mutual protection and defense against pirates and enemies.
- Admiraltydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating
Proper to be received. As applied to evidence, the term means that it is of such a character that the court or judge is bound to receive it; that is, allow it to be introduced.
- Admissiondefined inCase LawU.S. CodeBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In evidence. A voluntary acknowledgment, confession or concession of the existence of a fact or the truth of an allegation made by a party to the suit. Roosevelt v. Smith, 17 Misc.
In European law. An usher. Spelman.
The order of a competent court or magistrate that a person accused of crime be discharged from actual custody upon the taking of bail. Comp. Laws Nev. 1900, § 4460; Ann. Codes & St
To allow, receive or take; to suffer one to enter; to give possession; to license. Gregory v. United States, 17 Blatchf. 325, 10 Fed. Can. 1195. See Admission.
- Admittancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. The act of giving possession of a copyhold estate. It is of three kinds: (1) Upon a voluntary grant by the lord, where the land has escheated or reverted to him. (2
A writ of execution upon a right of presentation to a benefice being recovered in quare impedit, addressed to the bishop or his metropolitan, requiring him to admit and institute t
A writ for associating certain persons, as knights and other gentlemen of the county, to justices of assize on the circuit Reg. Orig 206.
- Admonitiondefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
In ecclesiastical law, this is the lightest form of punishment, consisting in a reprimand and warning administered by the judge to the defendant. If the latter does not obey the ad
- Admonitio Trinadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A triple cr threefold warning, given, in old times, to a prisoner standing mute, before he was subjected to the peine forte et dure. 4 BL Comm. 325 ; 4 Steph. Comm. 391.
- Ad Mordendum Assuetusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
Accustomed to bite. Cro. Car. 254. A material averment in declarations for damage done by a dog to persons or animals. 1 Chit. PL 388; 2 Chit. PI. 507.
The reduction of property of lands or tenements to mortmain, in the feudal customs.
This abbreviation will be judicially presumed to mean "administrator." Moseley v. Mastin, 37 Ala. 216, 22L
The sen of a great-great-grandson. Calvin.
The daughter of a great-great-granddaughter. Calvin.
Annulled, cancelled, made void. 28 Hen. VIII.
- Adnihilaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. To annul; to make void; to reduce to nothing; to treat as nothing; to hold as or for nought.
- Ad Nocumentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
To the nuisance or annoyance. Fleta, llb. 2, c. 52, § 19. Ad nocumentum liberi tenements sui, to the nuisance of his freehold. Formal words in the old assise of nuisance. 3 Bl. Com
In the Civil law. The subscription of a name or signature to an instrument. Co.d. 4, 19, 5, 7. A rescript of the prince or emperor, signed with his own hand, or sign-manual. Coke 1
- Ad officium justiciariorum spectat, unicuique coram eis placitanti justitiam exhiberedefined inBlack's (1910)
It is the duty of justices to administer justice to every one pleading before -them. 2 Inst. 451.
That age which follows puberty and precedes the age of majority. It commences for males at 14, and for females at 12 years completed, and continues till 21 years complete.
To accept, appropriate, choose or select; to make that one's own (property or act) which was not so originally. To adopt a route for the transportation of the mail means to take th
- Adoptiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The act of one who takes another's child into his own family, treating him as his own, and giving him all the rights and duties of his own child. A juridical act creating between t
Adoption, properly speaking, refers only to persons who are strangers in blood, and is not synonymous with "legitimation," which refers to persons of the same blood. Where one ackn
An act of legislation which cemes into operation within a limited area upon being adopted, in manner prescribed therein, by the inhabitants of that area.
Lat Adoptive. Applied both to the parent adopting, and the child adopted. Insti 2, 13, 4; Id. 3, 1, 10-14.
To show. Formal worths in old writs. Fleta, lib. 4, c. 65, § 12.
At the door of the church. One of the five species of dower formerly recognized by the English law. 1 Washb. Real Prop. 149; 2 Bl. Comm. 132.
Lat. For pious (religious or charitable) uses or purposes. Used with reference to gifts and bequests.
In the civll and Scotch law. A guarantor, surety or cautioner; a peculiar species of fidejussor; one who adds his own promise to the promise given by the principal debtor, whence t
- Ad proximum antecedens fiat relatio nisi impediatur sententiadefined inBallentine's (1916)Black's (1910)
Relative words refer to the nearest antecedent, unless it be prevented by the context. Jenk. Cent. 180.
To which. A term used in the computation of time or distance, as correlative to a quo; denotes the end or terminal point. See A Quo.
- Ad questiones facti non respondent judices; ad questiones legis non respondent juratoresdefined inBlack's (1910)
Judges do not answer questions of fact; juries do not answer questions of law. 8 Coke, 308; Co. Litt. 295.
To which the court agreed. Yearb. P. 20 Hen. VI. 27.
The name of a writ formerly issuing from the English chancery, commanding the sheriff to make inquiry "in what damage" a specified act, If done, wlll tend. Ad quod damnum is a writ
To which there was no answer. A phrase used in the reports, where a point advanced in argument by one party was not denied by the other; or where a point or argument of counsel was
On complaint of.
Payment Blount.
- Ad Rationem Poneredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A technical expression in the old records of the Exchequer, signifying, to put to the bar and interrogate as to a charge made; to arraign on a trial.
To recognize. Fleta, llb. 2, c. 65, § 12. Formal words in old writs.
- Adrectaredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
To set right, satisfy or make amends.
- Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio a nominibus rerum dependetdefined inBallentine's (1916)Black's (1910)
In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names. Co. Litt. 68.
For repairing and keeping in suitable condition.
- Ad Respondendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
For answering ; to make answer; words used in certain writs employed for bringing a person before the court to make answer in defense in a proceeding. Thus there is a capias ad res
In old European law. To undertake, declare or promise solemnly; to pledge; to pledge one's self to make oath. Spelman.
Sea-weed, between high and low water-mark, which has not been deposited on the shore, and which during flood-tide is moved by each rising and receding wave, ls a drift, although th