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
An interpreter employed in the cast, and particularly at the Turkish court.
n. A trench or ditch to convey water from wet land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or
In common parlance, this term means a drink of some substance containing alcohol, something which can produce intoxication. Lacy v. State, 32 Tex. 228. —Dram-shop. A drinking saloo
In copyright law. A literary work setting forth a story, incident or scene from life, in which, however, the narrative is not related, but is represented by a dialogue and action;
A drinking saloon, where liquors are sold to be drunk on the premises. Wright v. People, 101 111. 129; Brockway v. State, 36 Ark. 636; Com. v. Marzynski, 149 Mass. 68, 21 N. E. 228
- Drawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
n. 1. A movable section of a bridge, which may be raised up or turned to one side, so as ip admit the passage of vessels. Glidersleeve v. Railroad Co. (D. C.) 82 Fed. 766; Hughes v
- Drawbackdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the customs laws, this term denotes an allowance made by the government upon the duties due on imported merchandise when the importer, instead of selling it here, re-exports it;
- Draweedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A persen to whom a blil of exchange is addressed, and who is requested to pay the amount of money therein mentioned.
- Drawerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The person making a bill ot exchange and addressing it to the drawee. Stevenson v. Walton, 2 Smedes & M. (Miss.) 265; Winnebago County Sinte Bank v. Hustel, 119 Iowa, 115, 93 N. W.
In patent law. A representation of the appearance of material objects by means of lines and marks upon paper, card-board or other substance. Ampt v. Cincinnati, 8 Ohio Dec. 628.
- Drawlatchesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
Thieves; robbers. Cowell.
A charge for the transportation of property in wheeled vehicles, such as drays, wagons, and carts. Soule v. San Francisco Gaslight Co., 54 Cal. 242.
- Dreit-Dreitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Droit-droit. Doub2e right. A union of the right of possession and the right of property. 2 Bl. Comm. 199.
In Saxon law. Tenants in capite. They are said to be such as, at the coming of William the Conqueror, being put out of their estates, were afterwards restored to them, ou their mak
- Drengagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The tenure by which the drenches or drenges, held their lands.
In mining law. An underground passage driven horizontally along the course of a mineralized vein or approximately so. Distinguished from "shaft," which ls an opening made at the su
A Saxon word, signifying a tribute or yearly payment made by some tenants to the king, or their landlords, for driving their cattle through a manor to fairs or markets. Cowell.
A view or examination of what cattle are in a forest, chase, etc., that it may be known whether it be surcharged or not; and whose the beasts are, and whether they are commonable.
This term signifies, not goods which are the subject of salvage, but matters floating at random, without any known or discoverable ownership, which, if cast ashore, will probably n
- Driftwaydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A road or way over which cattle are driven. 1 Taunt. 279. Smith v. Ladd, 41 Me. 314.
Sax. A contribution of tenants, in the time of the Saxons, towards a potation or ale, provided to entertain the lord or his steward. Cowell. See Cer-visabii.
A place where intoxicating liquors are sold, bartered or delivered to be drunk on the premises. Portland v. Schmidt, 13 On. 17, 6 Pac. 22L
- Dripdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)
A species of casement or servitude obligating one man to permit the water falling from another man's house to fall upon his own land. 3 Kent, Comm. 436.
One employed in conducting a coach, carriage, wagon or other vehicle, with horses, mules or other animals or a bicycle, tricycle or motor car, though not a street railroad car. See
A grove or woody place where cattle are kept. Jacob.
- Droflanddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Sax. A quit rent or yearly payment, formerly made by some tenants to the king or their landlords, for driving the cattle through a manor to fairs or markets. Cowell; Blount.
- Droitdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In French law. Right, justice, equity, law, the whole body of law; also a right. This term exhibits the same ambiguity which is discoverable in the Gorman equivalent, "recht" and t
In French law. (The written law.) The Roman civil law, or Corpus Juris Civilis. Steph. Leet. 130.
An ancient writ, directed to the lord of ancient demesne on behalf of those of his tenants who held their lands and tenements by charter in fee-simple, in fee-tail, for life, or In
The common law. Litt. § 213 ; Co.. Litt142a. -Droit-droit. A double right; that is, the right of possession and the right of property. These two rights were, by the theory of our a
That property which is acquired by making a new species out of the material of another. It is equivalent to the Roman "specificatio."
A rule by which all the property of a deceased foreigner, whether movable or immovable, was confiscated to the use of the state, to the exclusion of his heirs, whether claiming ob
A right formerly claimed by the lords of the coasts of certain parts of France, to shipwrecks, by which not only the property, but the persons of those who were cast away, were con
In French feudal law. Right of ward. The guardianship of the estate and person of a noble vassal, to which the king, during his minority, was entitled. Steph. Leet. 250.
In French feudal law. The duty incumbant on a roturier, holding lands within the royal domain, of supplying board and lodging to the king and to his suite while on a royal progress
In old French law. The right of selling various offices connected with the custody of judicial records or notarial acts. Steph. Leet 354. A privilege of the French kings.
In old French law. A charge payable to the crown by any one who, after having served his apprenticeship in any commercial guild or brotherhood, sought to become a master workman in
In French feudal law. The duty (incumbent on a roturier) of supplying to the king on credit, during a certain period, such articles of domestic consumption as might be required for
In French feudal law. A relief payable by a noble vassal to the king as his seigneur, on every change in the ownership of his fief. Steph. Leet. 350.
The right of a creditor to pursue the debtor's property into the hands of third persons for the enforcement of his claim.
The right of a stockbroker to sell the securities bought by him for account of a client, if the latter does not accept delivery thereof. The same expression is also applied to the
International law.
Maritime law. In old English law. Law; right; a writ of right. Co.. Litt 158b.
The law gives not more than is demanded. 2 Inst. 286.
Right cannot die. Jenk. Cent. 100, case 95.
- Droits civilsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
This phrase in French law denotes private rights, the exercise of which is independent of the status (qualitd) of citizen. Foreigners enjoy them; and the extent of that enjoyment i
- Droits of admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Rights or perquisites of the admiralty. A term applied to goods found derelict at sea. Aplied also to property captured in time of war y non-commissioned vessels of a belligerent n
- Droituraldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
What belongs of right; relating to right; as real actions are either droitural or possessory,—droitural when the plaintiff seeks to recover the property. Finch, Law, 257.
These were at first high ships of great burden, but afterwards those which we now call "inen-of-war." Jacob.
In English practice. When the members of a court are equally divided on the argument showing cause against a rule nisi, no order is made, i. e., the rule is neither discharged nor
A letter addressed for delivery in the same city or district in which It is posted.
A number of animals collected and driven together in a body; a flock or herd of cattle in process of being driven; indefinite as to number, but including at least several. Caldwell
In Scotch law. A road for driving cattle. 7 Bell. App. Cas. 43, 53, 57. A drift-road. Lord Brougham, Id.
A free pass given by a railroad company, accepting a drove of cattle fos transportation, to the drover who accompanies and cares for the cattle on the train. Railroad Co. v. Tanner
In Scotch law. A place adjoining a drove-road, for resting and refreshing sheep and cattle on their journey. 7 Bell, App. Cas. 53, 57.
To merge or sink. "In some cases a right of freehold shall drown in a chattel." Co.. Litt 266a, 321a.
A thicket of wood in a valley. Domesday.
The general name of substances used in medicine; any substance, vegetable, animal or mineral, used in the composition or preparation of medicines. The term is also applied to mater
A dealer in drugs; one whose business is to sell drugs and medicines. In strict usage, this term Is to be distinguished from "apothecary." A druggist deals in the uncompounded medi
A term applied to commercial agents who travel for wholesale merchants and supply the retell trade with goods or take orders for goods to be shipped to the retall dealer. Robbins v
In old European law. The commander of a drungus or band of soldiers. Applied aiso to a naval commander. Spelman.
In old European law. A band of soldiers, (globus militum.) Spelman.
A person is "drunk" when he is so far under the influence of liquor that his passions are visibly excited or his judgment impaired or when his brain is so far affected by potations
He is a drunkard whose habit it is to get drunk; whose ebriety has become habitual. The terms "drunkard" and "habitual drunkard" mean the same thing. Com. v. Whitney, 5 Gray (Mass.
- Drunkennessdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Bouvier (1839)
In medical jurisprudence. The condition of a man whose mind is affected by the immediate use of intoxicating drinks; the state of one who is "drunk." See Drunk.
In the vernacular, this term means desiccated or free from moisture; but, in legal use, it signifies formal or nominal, without imposing any duty or responsibility or unfruitful, w
Witchcraft; magic. Anc. Inst. Eng.
- Dry exchangedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
See Exchange.
One which creates a lien on land for the payment of money, but does not impose any personal liability upon the mortgagor, collateral to or over and abave the value of the premises.
In Scotch law. Com paid to the owner of a mill, whether the payers grind or not
- Dry rentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Rent-seck; a rent reserved without a clause of distress.
One which merely vests the legal title in the trustee, and does not require the performance of any active duty on his part to carry out the trust.
In tariff laws, this term does not mean the weight of an article after desiccation in a kiln, but its air-dry weight as understood in commerce. U. S. v. Perkins, 66 Fed. 50 . 13 O.
An abbreviation tor "Deputy Sheriff."
An abbreviation for debitum sine brevi or debit sans breve.
In old English law. Double the value of the marriage. While an infant was in ward, the guardian had the power of tendering him or her a suitable match, without disparagement, which
A form of government where two reign jointly.
It is not lawful to have two wives at the same time. Inst. 1, 10, 6; 1 BL Comm. 436.
- Dubitansdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Doubting. Dobbin, J„ dubitans. 1 Show, 364.
- Dubitaturdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
It is doubted. A word frequently used in the reports to indicate that a point is considered doubtfuL
Doubted. Vaughan, C. J., dubitavit. Freem. 150.
A foreign coin, varying in value in different countries, but usually worth about $2.26 of our money.
In feudal and old English law. A duchy, the dignity or territory of a duke.
(Lat. Bring with you.) The name of certain species of writs, of which the subpœna duces tecum is the most usual, requiring a party who is summoned to appear in court to bring with
- Duces Tecum Licet Languidusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
(Bring with you, although sick.) In practice. An ancient writ, now obsolete, directed to the sheriff, upon a return that he could not bring his prisoner without danger of death, he
- Duchy court of Lancasterdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
A tribunal of special jurisdiction, held before the chancellor of the duchy, or his deputy, concerning ali matters of equity relating to lands holden of the crown in right of the d
Those lands which formerly belonged to the dukes of Lancaster, and now belong to the crown in right of the duchy. The duchy is distinct from the county palatine of Lancaster, and I
- Ducking-Stooldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
See Castigatort.
In French law. Guaranty ; equivalent to del credere, (which see.)
Doubting. Is affixed to the name of a judge, in the reports, to signify that he doubted the decision rendered.
- Duedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
1. Just; proper; regular; lawful; sufficient; as in the phrases "due care, "due process of law," "due notice." 2. Owing; payable; justly owed. That which one contracts to pay or pe
- Due-Billdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
A brief written acknowledgment of a debt. It is not made payable to order, like a promissory note. See Feeser Feeser, 93 Md. 716, 50 Atl. 406; Marrigan v. Page, 4 Humph. (Tenn.) 24
Just, proper, and sufficient care, so far as the circumstances demand it; the absence of negligence. This term, as usually understood in cases where the gist of the action is the d
This phrase is synonymous with "due process of law," or "the law of the land," and the general definition thereof is "law in its regular course of administration through couris of
A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel. Pen. Code Cal. § 225; State v. Fritz, 133 N. C. 725,
- Duellumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The trial by battel or judi-clal combat. See Battel.
No fixed rule can be established as to what shall constitute "due notice." "Due" is a relative term, and must be applied to each case in the exercise bf the discretion of the court
- Due process of lawdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
Law in its regular course of administration through couris of justice. 3 Story, Const. 264, 661. "Due process of law in each particular case means such an exercise of the powers of
Certain payments; rates or taxes. See Ward v. Joslin, 105 Fed. 227, 44 C. C. A. 456; Warwick v. Supreme Conclave, 107 Ga. 115, 32 S. E. 951; Whitman v. National Bank, 176 U. S. 559
- Dukedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law, ls a title of nobility, ranking immediately next to the Prince of Wales. It is only a title of dignity. Conferring it does not give any domain, territory or jurisdi