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
This word, when used alone, will be construed to mean "due cast." But that is a rule of necossity growing out of the indefiniteness of the term, and has no application where other
In English law. Small sums of money paid to the parochial clergy by the parishioners at Easter as a compensation for personal tithes, or the tithe for personal labar; recoverable u
- Easter termdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In English law. One of the four terms of the courts. It is now a fixed term, beginning on the 15th of April and ending on the 8th of May in every year, though sometimes prolonged s
- East Greenwichdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
The name of a royal manor in the county of Kent, England; mentioned in royal grants or patents, as descriptive of the tenure of free socage.
The East India Company was originally established for prosecuting the trade between England and India, which they acquired a right to carry on exclusively. Since the middle of the
An easterly coast or country.
- Eat Inde Sine Diedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In criminni practice. Words used on the acquittal of a defendant, that he may go thence without a day, i. e., be dismissed without any further continuance or adjournment.
Any place where food or refreshments of any kind, not including spirits, wines, ale, beer or other malt liquors, are provided for casual visitors, and sold for consumption therein.
The edge of a roof, built so as to project over the wails of a house, in order that the rain may drop therefrom to the ground instead of running down the wall. Center St Church v.
The drip or dropping of water from the eaves of a house on the land of an adjacent owner; the easement of having the water so drip, or the servitude of submitting to such drip; the
In English criminal law. The offense of listening under walls or windows or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tele
In old English law. Ebb. Ebb a et fluctus; ebb and flow of tide; ebb and flood. Bract fols. 255, 338. The time occupied by one ebb and flood was anciently granted to persons essoin
An expression used formerly in this country to denote the limits of admiralty jurisdiction. See United States v. Abora, 3 Mason, 127, Fed. Can. No. 14,418; Hale v. Washington Ins.
In ecclesiastical law. An officer In cathedral churches who supervised the regular performance of divine service, and prescribed the particular duties of each person in the choir.
See Abebemurder.
In criminal law and medical jurisprudence. Drunkenness; alcoholic intoxication. Com. v. Whitney, 11 Cush. (Mass.) 479.
- Ecce modo mirum, quod fœmina fert breve regis, non nominando virum, conjunctum robore legisdefined inBlack's (1910)
Co. Litt. 132 b. Behold indeed, a wonder that a woman has the king's writ without naming her husband, who by law is united to her.
In criminal law ahd medical jurisprudence. Personal or individual peculiarities of mind and disposition which markedly distinguish the subject from the ordinary, normal or average
In medical jurisprudent Blackness. It is an extravasation of blood by rupture of capillary vessels, and hence it follows confusion; but it may exist, as in cases of scurvy and othe
- Ecclesiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat An assembly. A Christian assembly; a church. A place of religious worship. Spelman.
Cro. Eliz. 479. A church ought not to pay tithes to a church.
2 Inst. 164. The church is the mansion-house of the Omnipotent God.
- Ecclesia est infra ætatem et in custodia domini regis, qui tenetur jura et hæreditates ejusdem manu tenere et defenderedefined inBlack's (1910)
11 Chke, 49. The church ls under age, and in the custody of the king, who is bound to uphold and defend its rights and inheritances.
- Ecclesia fungitur vice minoris; meliorem conditionem suam facere potest, deteriorem nequaquamdefined inBallentine's (1916)Black's (1910)
Co. Litt 341. The church enjoys the privllege of a minor; it can make its own condition better, but not worse.
2 Inst. 3. The church does not die,
The ruler of a church.
- Ecclesiasticdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
n. A clergyman; a priest; a man consecrated to the service of the church.
- Ecclesiasticaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
Something belonging to or set apart for the church, as distinguished from "civil" or "secular," with regard to the world. Wharton. —Ecclesiastical authorities. In England, the cler
In England, the clergy, under the sovereign, as temporal head of the Church, set apart from the rest of the people or laity, in order to superintend the public worship of God and t
In English law. A body corporate, erected by St. 6 & 7 Wm. IV, c. 77, empowered to suggest measures conducive to the efficiency of the established church, to be ratified by orders
In New England. A church court or tribunal, having functions partly judicial and partly advisory, appointed to determine questions relating to church discipline, orthodoxy, standin
- Ecclesiastical courtsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A system of couris in England, held by authority of the sovereign, and having jurisdiction over matters pertaining to the religion and rifual of the established church, and the rig
This is a division into provinces, dioceses, archdeaconries, rural deaneries, and parishes.
Jurisdiction over ecclesiastical cases and controversies; such as appertains to the ecclesiastical courts. Short v. Stotts, 58 Ind. 35.
- Ecclesiastical lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The body of jurisprudence administered by the ecclesiastical courts of England; derived, in large measure, from the canon and civil law. As now restricted, it applies mainly to the
This term, as used in the canon law, includes church buildings, church property, cemeteries, and property given to the church for the support of the poor or for any other pious use
The image or sculpture of a church in ancient times was often cut ont or cast in plate or other metal, and preserved as a religious treasure or relic, and to perpetuate the memory
The attorney, proctor or advocate of a corporation. Episcoporum ecdici; bishops' proctors; church lawyers. 1 Reeve, Eng. Law, 65.
Godol. Ecc. Law, 172. The church is to be more favored than the par-sen.
In French law. One of the two parts or pieces of a wooden tally. That in possession of the debtor is properly calied the "tally," the other "echantillon." Poth. Obi. pt 4, c. 1, ar
In French law. A municipal officer corresponding with alderman or burgess, and having in some instances a civll jurisdiction in certain causes of trilling importance.
in medical jurisprudence. The constant and senseless repetition of particular words or phrases, recognized as a sign or symptom of insanity or of aphasia.
In French marine law. Stranding. Emerig. Tr. des Ass. c. 12, s. 13, no. 1.
In medical jurisprudence. Puerperal convulsions; a convulsive seizure which sometimes suddenly attacks a woman in labar or directly after, generally attended by unconsciousness and
In medicine. That system followed by physicians who select their modes of practice and medicines from various schools. Webster. "Without professing to understand much of medicai ph
See Corporation.
In French marine law. The clerk of a ship. Emerig. Tr. des Ass. c. 11, s. 3, no. 2.
General; universal; as an ecnmenical councll. Groesbeeck v. Duns-comb, 41 How. Prae. (N. Y.) 344.
In Saxon law. The offense of hedge-brcaking. Obsolete.
In old records. Buildings;
A positive law promulgated by the sovereign of a country, and having reference either to the whole land or some of its divisions, but usually relating to affairs of state. It diffe
In Scotch law. A citation published at the market-cross of Edinburgh, and pier and shore of Leith. Used against foreigners not within the kingdom, but having a landed estate there,
A celebrated law for the security of Protestants, made by Henry IV. of France, and revoked by Louis XIV., October 2, 1685.
Thirteen constitutions or laws of this prince, found in most editions of the Corpus Juris Civilis, after the Novels. Being confined to matters of police in the provinces of the emp
In the Roman law. An edict; a mandate or ordinance. An ordinance or law, enacted by the emperor without the senate; belonging to the class of constitutiones principis. Inst. 1, 2,
Where a Roman prætor, upon assuming office, did not publish a wholly new edict, but retained the whole or a principal part of the edict of his predecessor (as was usually the case)
The annual edict or system of rules promulgated by a Roman praetor immediately upon assuming his office, setting forth the principles by which he would be guided in determining cau
The perpetual edict A compilation or system of law in fifty books, digested by Julian, a lawyer of great eminence under the reign of Adrian, from the prætor's edicts and other part
An edict or system of rules for the administration iof justice, similar to the edict of the prætor, put forth by the proconsuls and propraetors in the provinces of the Roman Empire
This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. 500. It
- Editusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. Put forth or promulgated, when speaking of the passage of a statute; and brought forth, or born, when speaking of the birth of a child.
Within the meaning of a statute relative to the powers and duties of guardians, this term comprehends not merely the instruction received at school or college, but the whole course
- Effectdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The result which an instrument between parties will produce in their relative rights or which a statute will produce upon the existing law, as discovered from the language used, th
- Effectsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Personal estate or property. This word has been held to be more comprehensive than the word "goods," as including fixtures, which "goods" will not include. Bank' v. Byram, 131 111.
Wing. 226. The effort follows the cause.
In Turkish language. Master; a title of respect.
The working cause; that cause which produces effects or results; an intervening cause, which produces results which would not have come to pass except for its interposition, and fo
The corporeal representation of a person. To make the effigy of a person with an intent to make him the object of ridicule is a libel. 2 Chit Crim. Law, 866.
The running of a prescribed period of time to its end; expiration by lapse of time. Particularly applied to the termination of a lease by the expiration of the term for which it wa
When this phrase is used in leases, conveyances, and other like deeds or in agreements expressed in simple writing, it indicates the conclusion or expiration of an agreed term of y
Forcibly; applied to military force,
A breach made by the use of force.
One who breaks through; one who commits a burglary.
- Effusio Sanguinisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The shedding of blood; the mulct, fine, icite or penalty imposed for the shedding of blood, which the king granted to many lords of manors. Cowell; Tomlins. See
In Saxon law. Ways, walks or hedges. Blount.
An abbreviation of exempli gratia. For the sake of an example.
Owelty, (q. v.) Co.. Litt. 169a.
I; myself. This term is used in forming genealogical tables, to represent the person who is the object of inquiry.
I, such a one. Words used in describing the forms of old deeds. Fleta, llb. 3, c. 14, § 5.
- Egrediens Et Exeunsdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old pleading. Going forth and issuing out of (land.) Townsh. PI. 17.
Commonly called "Gypsies," (in old English statutes,) are counterfeit rogues, Welsh or English, that disguise themselves in speech and apparel, and wander up and down the country,
An Island. Cowell.
- Eignedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
L. Fr. Eldest; eldest-born. The term is of common occurrence in the old books. Thus, bastard eigne means an illegitimate son whose parents afterwards marry and have a second son fo
- Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sitdefined inBlack's (1910)
The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof.
In Scotch law. An addition; as, eik to a reversion, eik, to a cenfirmation. Bell.
Eldership. See Esnect.
In English law. The oldest; the first-born. Spelman.
To him to whom nothing is enough, nothing is base. 4 Inst. 53.
A name formerly given to a justice of the peace. In the Digests, the word is written "irenarcha
In old English law. A journey, route or circuit. Justices in eire were judges who were sent by commission, every seven years, into various counties to hold the assizes and hear ple
- Eisdem modis dissolvitur obligatio qui nascitur ex contractu, vel quasi, quibus contrabiturdefined inBlack's (1910)
An obligation which arises from contract or quasi contract, is dissolved in the same ways in which it is contracted. Fleta, llb. 2, c. 60, § 19.
The senior; the oldest son. Spelled, also, "eigne," "einsne," "aisne," "eign." Termes de la Ley; Kelham.
The share of the oldest son. The portion acquired by primogeniture. 'Termes de la Ley; Co.Litt. 1666; Cowell.
May be used In the sense of "each." Chidester v. Railway Co., 59 III. 87. This word does not mean "all;" but does mean, one or the other of two or more specified things. Ft. Worth
- Ejectdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To cast or throw out; to oust or dispossess; to put or turn out of possession. 3'Bl. Comm. 198, 199, 200. See Bohannon v. Southern Ry. Co., 112 Ky. 106, 65 S. W. 169.
In old English law. A woman ravished or deflowered or cast forth from the virtuous. Blount.
A turning out of possession. 3 Bl. Comm. 199.
In old English law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment do garde," was the title of a writ which lay for a guardian when turned
Ejection or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, r
- Ejectmentdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmœ) which lay for the recovery of the possession of land, and for dam