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
The name of the fictitious plaintiff in the action of ejectment. 3 Steph. Comm. 618.
- Doerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Scotch law. An agent or attorney. 1 Kames, Eq. 325.
In old forest law. The manifest deprehension of an offender against venison in a forest, when he was found drawing after a deer by the scent of a hound led in his band; or where a
In maritime law. A light ship or vessel; dogger-fish, fish brought in ships. Cowell.
Fishermen that belong to dogger-ships.
The Latin of llliterate persons; Latin words put together on the English grammatical sy stein.
In the civil law. A word occasionally used as descriptive of an ordinance of the senate. See Nov. 2, 1, 1; Dig. 27, 1, 6.
The formal word by which services were reserved and expressed in old conveyances ; as "rendering" (reddendo) was expressive of rent. Perk. c. 10, §§ 625, 635, 638.
A base coin of small value, prohibited by St. 3 Hen. V. c. 1. We still retain the phrase, in the common saying, when we would undervalue a man, that he is not worth a doit Jacob.
- Doledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A part or portion of a meadow is so calied; and the word has the general signification of share, portion; or the like; as "to dole out" anything among so many poor persons, meaning
Lat I give, I bequeath; or I give and bequeath. The formal words of making a bequest or legacy, in the Roman law. Titio et Seio hominem Stichum do, lego, I give and bequeath to Tit
Slips of pasture left between the furrows of plowed land.
Sax. A wound. Spelman.
A recompense for a scar or wound. Cowell.
Lat See Dolus.
Capable of malice or criminni intention; having sufficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the criminal laws.
Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the exten
The unit employed in the United States in calculating money values. It ls coined both in gold and silver, and is of the vuiue of one hundred cents.
In Spanish law. Bad or mischievous design. White, New Recop. hi 1, tit. 1, c. 1, § &
He acts with guile who demands that which he wlll have to return. Broom, Max. 846.
Dig. 2, 14, 7, § 9. An agreement induced by fraud cannot stand.
A person intending to deceive deals in general terms. Wing. Max. 636 ; 2 Coke, 34a; 6 Clark & F. 699; Broom, Max. 289.
Fraud should be proved by clear tokens. Code, 2, 21, 6; 1 Story, Cont § 625.
- Dolusdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance by words or acts with
The fraud of a predecessor prejudices not his successor.
In a wide sense, the Roman law distinguishes between "good," or rather "permissible" dolus and "bad" or fraudulent dolus. The former is justifiable or allowable deceit; it is that
Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 228.
Fraud (or deceit) giving rise to the contract; that is, a fraudulent misrepresentation made by, one of the parties to the contract, and relied upon by the other, and which was acfu
Lane, 47. Deceit is an artifice, since it pretends one thing and does another.
- Dolus et fraus nemini patrocinentur, (patrocinari debent)defined inBallentine's (1916)Black's (1910)
Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen. VIII. 8; Best, Ev. p. 469, § 428; 1 Story, Eq. Jur. § 395.
Fraud lurks in generalities. Tray. Lat. Max. 162.
Fraud deals in generalities. 2 Coke, 34a; 3 Coke, 81a.
- Domdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
PROC. An abbreviation of Domus Procetum or Domo Procerum; the house of lords in England. Sometimes expressed by the letters D. P.
- Domaindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The complete and absolute ownership of land; a paramount and individual right of property in land. Pcople v. Shearer, 30 Cui. 658. Alao the real estate so owned. The inherent sover
(Sax. From dom, judgment, and bee, hoc, a book.) Dome-book or doom-book. A name given among the Saxons to a code of laws. Several of the Saxon kings published dorribocs, but the mo
- Domedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
(Sax.) Doom; sentence; judgment. An oath. The homager's oath in the black book of Hereford. Blount.
A book or code said to bave been complied under the direction of Alfred, for the general use of the whole kingdom of England; containing, as is supposed, the principal maxims of th
(Sax.) An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal size, containing minute and acc
- Domesmendefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
(Sax.) An inferior kind of judges. Men appointed to doom (judge) in matters in controversy. Cowell. Suitors in a court of a manor in ancient demesne, who are judges there, Blount;
- Domesticdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
adj. Pertaining, belonging or relating to a home, a domicile or to the place of birth, origin, creation or transaction. —Domestic animals. Such as are habituated to live in or abou
One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator.
Such as are habituated to live in or about the habitations of men, or such as contribute to the support of a family or the wealth of the community. This term includes horses, (Stat
Commerce carried on wholly within the limits of the United States, as distinguished from foreign commerce. Also, commerce carried on within the limits of a single state, as disting
Those existing and having jurisdiction at the place of the party's residence or domicile. Dickinson v. Rnilroad Co., 7 W. Va. 417. As to domestic "Administrators," "Attachment," "B
One who resides in the same state or country in which the debtor has his domicile or his property.
All such articles as a tenant attaches to a dwelling house in order to render his occupation more comfortable or convenient, and which may be separated from it without doing substa
A bili of exchange drawn on a person residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the residenc
This term in a state statute la used, generally, of manufactures within its jurisdiction. Com. y. Giltinan, 64 Pa. 100.
In old European law. A seneschal, steward or major domo; a judge's assistant; an assessor, (q. v.) Spelman.
In old English law. A damsel. Fleta, lib. 1, c. 20, § 80.
In old English law. A better sort of servant in monasteries; also an appellation of a king's bastard.
That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present Intention of making a perman
Established in a feiven domicile; belonging to a given state or jurisdiction by right of domicile.
The home of the parents. Phillim Dom 25, 101. That which arises from a man's birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed
This term, as distinguished from a commercial, political, or forensic domicile, means the actual residence of a person within some jurisdiction, of such a character as shall, accor
Pertaining to domicile; relating to one's domicile. Existing or created at or connected with, the domicile of a suitor or of a decedent.
To establish one's domicile; to take up one's fixed residence in a given place. To establish the domicile of another person whose legal residence follows one's own.
In Spanish law. The acquisition of domiciliary rights and status, nearly equivalent to naturalization, which may be accomplished by being born in the kingdom, by conversion to the
Lat Domicile, (q. v.)
In old English law. Power over another; also danger. Bract 1. 4, t. 1, c. 10.
- Dominant Tenementdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
A term used in the civil and Scotch law, and thende in ours, relating to servitudes, meaning the tenement or subject in favor of which the service is constituted; as the tenement o
A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell.
In old English law. Lordship.
That which denotes the Lord's day or Sunday.
(Dominica in ramis palmarum.) L. Lat. Palm Sunday. Townsh. Pi. 131; Cowell; Blount.
- Dominicumdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Domain; demain; demesne. A lordship. That of which one has the lordship or ownership. That which remains under the lord's immediate charge and control. Spelman. Property; doma
In old English law. Ancient demesne. Bract. foL 869b.
Sp. In Spanish law. A term corresponding to and derived from the Latin dominium, (q. v.) Dominio alto, eminent domain; dominio directo, immediate ownership; dominio utile, benefici
Ownership or right to property. 2 Bl. Comm. 1. Title to an article of property which arises from the power of disposition and the right of claiming it Baker v. Westcott, 73 Tex. 12
- Dominiumdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In the civil and old English law. Ownership; property in the largest sense, Including both the right of property and the right of possession or use. The mere right of property, as
In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; the right of a landlord. Tayl. Civil Law
The complete and absolute dominion in property; the union of the title and the exclusive use. Fairfax v. Hunter, 7 Orandi, 603, 3 L. Ed. 453.
Eminent 4omnin.
Lordship cannot be in suspense, i. e., property cannot remain in abeyance. Halk. Law Max. 39.
Full ownership; the union of the dominium directum with the dominium utile. T&yL Civil Law, 478.
In the civil law. Equitable or prætorian ownership; that which was founded on, equity. Mackeld. Rom. Law, § 327, note. In later law. Use without property; the right of a tenant. Ta
LatN The owner being willing; with the consent of the owner.
The act of killing one's lord or master.
- Dominusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In feudal and ecclesiastical law. A lord or feudal superior. Dominus rex, the lord the king; the king's title as lord paramount. 1 Bl. Comm. 367. Dominus capitalis, a chief lord. D
- Dominus capitalis loco hseredis habetur, quoties per defectum vel delictum extinguitur sanguis sui tenentisdefined inBlack's (1910)
Co. Litt. 18. The supreme lord lakes the place of the heir, as often as the blood of the tenant is extinct through deficiency or crime.
Lat. The master of the suit; i. e„ the person who was really and directly interested in the suit as a party, as distinguished from his attorney or advocate. But the term ls also ap
- Dominus Navisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the civil law. The owner of a vessel. Dig. 39, 4, 11, 2.
Co. Litt 9. A lord cannot give a ward in marriage but once.
- Dominus rex nullum Habere potest parem, multo minus superioremdefined inBallentine's (1916)Black's (1910)
Jhe king cannot have an equal, much less a superior. 1 Reeve, Eng. Law, 115.
Lat Tame; domesticated; not wild. Applied to domestic animals, in which a man may have an absolute property. 2 Bl. Comm. 391.
In French law. Damages.
- Domo Reparandadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
A writ that lay for one against his neighbor, by the anticipated fall of whose house he feared a damage and injury to his own. Reg. Orig. 153.
- Domusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. In the civil and old English law. A house or dwelling; a habitation. Inst 4, 4, 8; Townsh. PI. 183-185. Bennet v. Bittle, 4 Rawle (Pat) 342. —Domus capitularis. In old records
In old records. A chapter-house; the chapter-house. Dyer, 266.
An ancient house built or appointed by King Henry III. for such Jews as were converted to the Christian faith ; but King Edward III., who expelled the Jews from the kingdom, depute
The house ofi God; a name applied to many hospitals and religious houses.
A mansion house. 1 Hale, P. C. 558; State v. Brooks, 4 Co.nn. 446; State v. Sutcliffe, 4 Strob. (S. C.) 376.
The house of lords, abbreviated into Dom. Proc., or D.P.
To every man his own house is his safest refuge. 5 Coke, 91b; 11 Coke, 82; 8 Inst. 162. The house of every one is to him as his castle and fortress, as well for his defense against
A man's house should be his safest refuge and shelter. A maxim of the Roman law. Dig. 2, 4,18.
3 Coke, 81. Clandestine gifts are always suspicious.
Dig. 50, 17, 82. A thing ls said to be given when it is yielded otherwise than by virtue of right
A donee; one to whom something is given.
- Donatiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat A gift A transfer of the title to property to oDe who receives it without paying for it Vicat. The act by which the owner of a thing voluntarily transfers the title and possess
An inofficious (undutiful) gift; a gift of so great a part of the donor's property that the birthright portion of his heirs is diminished. Mackeld. Rom. Law, § 469.