Black's Law Dictionary

The name of a rack in the Tower, so called after a minister of Henry VI. who sought to introduce it into England.

A government where servants and slaves have so much license and privllege that they domineer. Wharton.

In due or proper form or manner; according to legal requirements. Regularly; upon a proper foundation, as distinguished from mere form.. Robertson v. Perkins, 129 U. S. 233, 9 Sup.

Lab While; as long as; until; upon condition that; provided that. —Dam bene se gesserit. While he shall conduct himself well; during good behavior. Expressive of a tenure of office

One who cannot speak; a person who is mute.

In sales at auction, when the minimum amount which the owner will take for the article is written on a piece of paper, and placed by the owner under a candlestick or other thing, a

Provided; provided that A word of limitation in the Latin forms of conveyances, of frequent use in introducing a reservation; as in reserving a rent.

A mountain or high open place. The names of places ending in dun or don were either built on hills or near them in open places.

In old records. A bank of earth cast up; the side of a ditch. Cowell.

While the work glows ; in the heat of action. 1 Kent, Comm. 120.

Such an under-ground prison or cell as was formerly placed in the strongest part of a fortress; a dark or subterraneous prison.

A double; a kind of base coin less than a farthing.

Pieces of wood placed against the sides and bottom of the hold of a vessel, to preserve the cargo from the effect of leakage, according to its nature and quality. Abb. Shipp. 227.

Pcople that dwell on hilly places or mountains. Jacob.

The trial by twelve men, or by jury. Applied to juries de medietate linguœ. Mol. de Jure Man. 448.

Twelve hands. The oaths of twelve men, including himself, by whom the defendant was allowed to make his law. 3 Bl. Comm. 348.

In old records. A jury ot twelve men. Cowell.

A dozen hands, i. e., twelve witnesses to purge a criminal of an offense.

Two cannot possess one thing In entirety. Co.. Litt 368.

Ownership or possession in entirety cannot be in two persons of the same thing. Dig. 13, 65, 15; Mackeld. Rom. Law, § 245. Bract fol. 28b.

There are two instruments for confirming or impugning all things, —reason and authority. 8 Coke, 16.

In the civll law. Double the price of a thing. Dig. 21, 2, 2.

A double complaint. An ecclesiastical proceeding, which is in the nature of an appcal from an ordinary's refusal to institute, to his next immediate superior; as from a bishop to t

When two written documents are substantially alike, so that each might be a copy or transcript from the other, while both stand on the same footing as original instruments, they ar

The same as "double" taxation. See Double.

A term used in England, where a testator executes two copies of his will, one to keep himself, and the other to be deposited with another person. Upon application for probate of a

In the civil law. The defendant's answer to the plaintiff's replication ; corresponding to the rejoinder of the common law.

The law does not allow the doubling of a possibility. 1 Rolle, 321.

Double right Bract, fol. 283b. See Droit-Droit.

The technical fault, in pleading, of uniting two or more causes of action in one count in a writ or two or more grounds of defense in one plea or two or more breaches in a replicat

n. (From Lat. duplicatio, q. v.) In Scotch pleading. The defendant's answer to the plaintiff's replication. v. In Scotch pleading. To rejoin. "It is duplyed by the panel." 3 State

Lat. During. A word of limitation in old conveyances. Co. Litt 234b. —Durante absentia. During absence. In some jurisdictions, administration of a decedent's estate is said to be g

During absence. In some jurisdictions, administration of a decedent's estate is said to be granted durante ab-sdntia in cases where the absence of the proper proponents of the will

During good pleasure. The ancient tenure of English judges was durante bene placito. 1 Bl. Comm. 267, 342.

During minority. 2 Bl. Comm. 503; 5 Coke, 29, 30. Words taken from the old form of letters of administration. 5 Coke, ubi supra.

During widowhood. 2 Bl. Comm. 124. Durante casta vidmtate, during chaste widowhood. 10 East, 520.

During virginity, (so long as she remains unmarried.)

During life.

In India. A court, audience or levee. Mozley & Whitley.

n. Uniawful constraint exercised upon a man whereby he is forced to do some act against his will. It may be either "duress of imprisonment," where the person is deprived of his lib

The wrongful imprisonment of a person, or the illegal restraint of his liberty, in order to compel him to do some act. 1 Bl. Comm. 130, 131, 136, 137; 1 Steph. Comm. 137; 2 Kent, C

One who subjects another to duress; one who compels another to do a thing, as by menace. Ban. Max. 90, reg. 22.

Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to do some lawful act, or to commit

A county palatine in England, the jurisdiction of which was vested in the Bishop of Durham until the statute 6 & 7 Wm. IV. c. 19, vested it as a separate franchise and royalty in t

In old English law. Blows without wounding or bloodshed; dry blown. Blount.

A term used in Hindostan for a passport, permit or order from the English Blast Indian Company. It generally meant a permit under their seal exempting goods from the payment of dut

See Auction.

In its most usual signification this word is the synonym of imposts or customs ; but it is sometimes used in a broader sense, as including ali manner of taxes, charges or governmen

Taxes levied upon the removal from one state to another of property acquired by succession or testamentary disposition. Frederickson v. Louisiana, 23 How. 445 , 16 L. Ed. 577; In r

This term signifies not merely a duty on the act of importation, but a duty on the thing imported. It is not confined to a duty levied while the article is entering the country, bu

In Its use in Jurisprudence, this word is the correlative of right. Thus, wherever there exists a right in any person, there also rests a corresponding duty upon some other person

(From duo, two, and vtrl, men.) A general appellation among the ancient Romans, given to any magistrates elected in pairs to fill any office or perform any function. Brando Duumvir

In Roman law. A leader or mllitary commander. The commander of an army. Dig. 3, 2, 2, pr. In feudal and old European law. Duke; a title of honor, or order of nobility. 1 Bl. Comm.

To have an abode; to inhabit; to live in a place. Gardener v. Wagner, 9 Fed. Cas. 1,154; Ex parte Blumer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 5o2; Ea-tontown v. Shrewsbury, 49

The house in which a man lives with his family; a residence ; the apartment or building or group of buildings, occupied by a family as a place of residence. In conveyancing. Includ

This term is not synonymous with a "place of pauper settlement." Lisbon v. Lyman, 49 N. H. 553. Dwelling-place, or home, means some permanent abode or residence, with intention to

In genealogical tobies, a common abbreviation for "died without issue."

Sex Declaration.

Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of whi

At common law this phrase imports an indefinite failure of issue, and not a dying without issue surviving at the time of the death of the first taker. But this rule has been change

An officer who has the care and oversight of the dykes and drains in fenny counties.

Bad legislation; the enactment of bad laws.

In medical jurisprudence. Incapacity of a woman to sustain the act of sexual intercourse except with great difficnity and pain.

A state of the stomach in which its functions are disturbed, without the presence of other diseases or when, lf other diseases are present, they are of minor importance, Dungl. Med

In Scotch law. A bankrupt. —Dyvour's habit. In Scotch law. A habit which debtors who are set free on a cessio bonorum are obliged to wear, unless in the summons and process of cess

In Scotch law. A habit which debtors who are set free on a cessio bonorum are obliged to wear, unless in the summons and process of cessio it be libeled, contained, and proved that

A Latin preposition, meaning from, out of, after or according. It occurs in many Latin phrases; but (in this form) only before a consonant When the initial of the following word is

Sax. The water or river; also the mouth of a river on the shore between high and low water-mark.

A distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one of two or more persons or things, composing the whole, separate

2 Inst. 622. The same cause is argued upon different principles before ecclesiastical and secular judges.

The same reason, the same law. Charles River Bridge v. Warren Bridge, 7 Pick. (Mass.) 493.

Hob. 154. The mind of the sovereign is presumed to be coincident with that of the law, and with that which it ought to be, especially in ambiguous matters.

That interpretation is to be received [or adopted] which is free from fault [or wrong.] The law will not intend a wrong. Bac. Max. 17, (in reg. 3.)

A gold coin of the United States of the value of ten dollars.

With that intent. Held not to make a cendition, but a confl-dence and trust. Dyer, 138 b.

The name of a Saxon magistrate; alderman; analogous to earl among the Danes, and senator among the Romans. See Alderman.

In old Saxon law. An elder or chief.

An archbishop.

Sax. The metropolis; the chief city. Obsolete.

(Fr. eale, Sax., ale, and hus, house.) An ale-house.

Sax. The privilege of assising and selling bser. Obsolete.

Those things which are said on sales, in the way of commendation, lf [the qualities of the thing sold] appear openly, do not bind the seller. Dig. 18, 1, 43, pr.

Those things which are impossible to be given or which are not in the nature of things, are regarded as not added, [as no part of an agreement] Dig. 50, 17, 135.

Co. Litt 289. Those things which are properly transacted in our ceurt ought to be committed to a due execution.

Those things which rarely happen are not to be taken into account in the transaction of business, without sufficient reason. Dig. 50, 17, 64.

In English law. Such grass which is upon the land after the mowing, until the feast of the Annunciation after. 3 Leon. 213.

A title of nobility, formerly the highest in England, now the third, ranking between a marquis and a viscount, and corresponding with the French "comte" and the German "graf." The

The dignity or jurisdiction of an earl. The dignity only remains now, as the jurisdiction has been given over to the sheriff. 1 Bl. Comm. 339.

Money given in part payment. See Earnest.

A great officer of state who had anciently several courts under his jurisdiction, as the court of chivalry and the court of honor. Under him is the-herald's office, or college of a

A mark put upon a thing to distinguish it from another. Originally and literally, a mark upon the ear; a mode of marking sheep and other animals. Property is said to be ear-marked

The payment of a part of the price of goods sold or the delivery of part of such goods, for the purpose of binding the contract. Howe v. Hayward, 108 Mass. 54, 11 Am. Rep. 306. A t

This term is used to denote a larger class of credits than would be included in the term "wages." Somers v. Keliher, 115 Mass. 165; Jenks v. Dyer, 102 Mass. 235. The gains of the p

Soil of all kinds, including gravel, clay, loam, and the like, in distinction from the firm rock. Dickinson v. Poughkeepsie, 75 N. Y. 76.

In the law of evidence. One who attests or can attest anything as heard by himself.

A right in the owner of one parcel of land, by reason of such ownership, to use the land of another foE a special purpose not inconsistent with a general property in the owner. 2 W

State, 11 Ark. 491; Atchison St. R. Co. v. Missouri Pac. R. Co., 31 Kan. 661, 3 Pac. 284; Orr v. Quimby, 54 N. H. 6l3. 7. In the law of contracts, an obligation; a deed, whereby th

In the customs laws of the United States, the term "countries east of the Cape of Good Hope" means countries with which, formerly, the United States ordinarily carried on commercia

A feast of the Christian church held in memory of our Saviour's resurrection. The Greeks and Latins call it "pascha," (passover,) to which Jewish feast our Easter answers. This fea

A coin struck by Richard II. which is supposed to have given rise to the name of "sterling," as applied to English money.