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
In the civil law. The adoption of one who was impubes; that is. If a male, under fourteen years of age; if a female, under twelve. Dig. 1, 7, 17, 1.
- Adsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Burrill (1850)
An abbreviation for ad sectam, which means "at the suit of." Bowen v. Sewing Mach. Co.., 86 III. 1L
- Ad Satisfaciendumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To satisfy. The emphatic words of the writ of capias ad satisfaciendum, which requires the sheriff to take the person of the defendant to satisfy the plaintiff's claim.
Lat In the clvll law. Ascendants. Dig. 23, 2, 68; Cod5, 6, 6
Slaves who served the master of the soil, who were annexed to the land, and passed with it when it was conveyed. Calvin. In Scotland, as late as the reign of George III., laborers
In the civil law. Added, annexed or bound by or in writing; enrolled, registered; united, joined, annexed, bound to, generally. Servus colonœ adscripts, a slave annexed to an estat
- Ad Sectamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
At the suit of. Commonly abbreviated to ads. Used in entering and indexing the names of cases, where it is desired that the name of the defendant should come first. Thus, "B. ads.
Side judges. Assistants or advisers of the regular magistrates or appointed as their substitutes in certain cases. Calvin.
In Roman law. An accessory party to a promise, who received the same promise as his principal did, and could equally receive and exact payment; or he only stipulated for a part of
For studying and praying; for the promotion of learning and religion. A phrase applied to colleges and universities. 1 Bl. Comm. 467; T. Raym. 10L
For a term of years.
For a term which has passed. Words in the Latin form of the writ of entry employed al common law to recover, on behalf of a landlord, possession of premises, from a tenant holding
Suspicion lies heavy on the uhfortu-nate side.
- Ad Tunc Et Ibidemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In pleading. The Latin name of that clause of an indictment containing the statement of the subject-matter "then and there being found."
- Adultdefined inU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In the civil law. A male infant who has attained the age of fourteen; a female infant who has attained the age of twelve. Dom. IAv. Prel. tit 2, § 2, n. 8. In the common law. One w
Lat. One who corrupts; one who seduces another man's wife. Adulter solidorum. A corruptor of metals; a counterfeiter. Calvin.
In the civli law. An adulteress; a woman guilty of adultery. Dig. 48, 5, 4, pr.; Id. 48, 5, 15, 8.
- Adulterationdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of corrupting or debasing. The term is generally applied to the act of mixing up with food or drink intended to be sold other matters of an inferior quality, and usually of
Lat. In the civil law. A forger; a counterfeiter. Adulteratores monetœ, counterfeiters of money. Dig. 48, 19, 16, 9.
- Adulterinedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Begotten in an adulterous intercourse. In the Roman and canon law, adulterine bastards were distinguished from such as were the issue of two unmarried persons, and the former were
Traders acting as a corporation without a charter, and paying a fine annually for permission to exercise their usurped privileges. Smith, Wealth Nat b. 1, c. 10.
- Adulteriumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A fine anciently Imposed as a punishment for the commission of adultery.
Adulterous bastards are those produced by an unlawful connection between two persons, who, at the time when the child was conceived, were, either of them or both, connected by marr
- Adulterydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife. Civil Co.de Cal. § 93; 1 Bish. Mar. & Div. § 703; Co.ok v.
To the most extended import of the terms; in a sense as universal as the terms will reach. 2 Eden, 54.
To the use and benefit.
To the value. See Ad Valorem.
According to value. Duties are either ad valorem or specific; the former when the duty is laid in the form of a percentage on the value of the property; the latter where it is impo
See Ad Valorem.
- Advancedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
v. To pay money or render other value before it is due; or to furnish capital in aid of a projected enterprise, in expectation of return from it
- Advancementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Money or property given by a father to his child or presumptive heir or expended by the former for the latter's benefit, by way of anticipation of the share which the child will in
- Advancesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Moneys paid before or in advanco of the proper time of payment; money or commodities furnished on credit; a loan or gift or money advanced to be repaid conditionally. Vail v. Vail,
In old pleading. An advantage. Co.. Ent 484; Townsh. PI. 50.
In Roman law. One of foreign birth, who has left his own country and settled elsewhere, and who has not acquired citizenship in his new locality; often calied albanus. Du Cange.
- Adventdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A period of time recognised by the English common and ecclesiastical law, beginning on the Sunday that falls either upon St. Andrew's day, being the 30th of November or the next to
That which comes incidentally, fortuitously or out of the regular course. "Adventitious value" of lands, see Central R. Co., v. Sinte Board of Assessors, 49 N. J. Law, 1, 7 Atl. 30
Lat Fortuitous; incidental; that which comes from an unusual source. Adventitia bona are goods which fall to a man otherwise than by inheritance. Adventitia dos is a dowry or porti
To inspect the womb. A writ for the summoning of a Jury of matrons to determine the question of pregnancy.
An adventure. 2 Mon. Angl. 615; Townsh. Pi. 50. Flotson, jet-son, and lagon are styled adventures maris, (adventures of the seat) Hale, De Jure Mar. pt 1, c. 7.
- Adventuredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In mercantile law. Sending goods abroad under charge of asupercargo or other agent, at the risk of the sender, to be disposed of to the best advantage for the benefit of the owners
In mercantile law. A writing signed by a merchant, stating that the property in goods shipped in his name belongs to another, to the adventure or' chance of which the person so nam
(From Lat. adversa, things remarked or rcady at hand.) Rough memoranda, common-place books.
A litigant-opponent, the opposite party in a writ or action.
One having opposing parties; contested, as distinguished from an ex parte application; one of which the party seeking relief has given legal warning to the other party, and afforde
Opposed; contrary; In resistance or opposition to a claim, application or proceeding. As to adverse "Claim," "Enjoyment," "Possession," "User," "Verdict," "Witness," see those titl
A claim set up by a stranger to goods upon which the sheriff has levied an execution or attachment
The possession or exercise of an easement, under a claim of right against the owner of the land out of which such easement is derived. 2 Washb. Real Prop. 42; Co.x v. Forrest, 60 M
An "adverse party" entitled to notice of appeal is every party whose interest in relation to the judgment or decree appealed from is in conflict with the modification or reversal s
- Adverse possessiondefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
The actual, open, and notorious possession and enjoyment of reni property, or of any estate lying in grant, continued for a certam length of time, held adversely and in denial and
A title set up in opposition to or defeasance of another title, or one acquired or claimed by adverse possession.
An adverse user is sack a use of the property as the owner himself would make, asking no permission, and disregarding all other claims to it, so far as they conflict with this use.
Where a party, appealing from an allowance of damages by commissioners, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such ver
A witness whose mind discloses a bias hostile to the party examining him; not a witness whose evidence, being honestly given, is adverse to the case of the examinant. Brown; Greeno
In the civil law. Against, (contra) Adversus bonos mores, against good morals. Dig. 47, 10, 15.
Notice given in a manner designed to attract public attention ; information communicated to the public or to an Individual concerned, by means of handbills or the newspaper. Montfo
Certain articles or ordi-nancos drawn up by Archbishop Parker and some of the bishops in 1564, at the request of Queen Elizabeth, the object of which was to enforce decency and uni
- Advicedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
View; opinion; the counsel given by lawyers to their clients; an opinion expressed as to wisdom of future conduct The instruction usually given by one merchant or banker to another
- Ad vim majorem vel ad casus fWrtuitua non tenetur quis, nisi ana culpa interveneritdefined inBlack's (1910)
No one is held to answer for the efforts of a superior force or of accidents, uniess his own fault has contributed. Fleta, lib. 2, c. 72, § 16.
Lat. To consult, deliberate, consider, advise; to be advised. Occhrring in the phrase curia ad-visari vult, (usually abbreviated cur. adv. vult, or C. A. V.,) the court wishes to b
To give an opinion or counsel or recommend a plan or course of action; also to give notice. Long v. State, 23 Neb. 33, 36 N. W. 310. This term is not synonymous with "direct" or "i
Prepared to give judgment, after examination and deliberation. "The court took time to be advised." 1 Leon. 187.
- Advisementdefined inBouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Deliberation, consideration, consultation; the consultation of a court, after the argument of a cause by counsel, and before delivering their opinion. Clark v. Read, 5 N. J. Law, 4
Counselling, suggesting or advising, but not Imperative. A verdict on an issue out of chancery is advisory. Watt v. Starke, 101 U. S. 252, 25 In Ed. 826.
For llfe. Bract fol. 13b. In feodo, vel ad vitam; in fee or for llfe. Id.
- Ad Vitam Aut Culpamdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
For life or until fault. This phrase describes the tenure of an office which is otherwise said to be held "for life or during good behavior." It is equivalent to quamdiu bene se ge
Lat To defend; to call to one's aid; to vouch; to warrant.
L. Fr. The office of an advocate: advocacy. Kelham.
In old English law. A patroness; a woman who had the right of presenting to a church. Spelman.
- Advocatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
One who assists, defends or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted
The adviser of the crown in England on questions of naval and military law.
The principal crown lawyer in Scotland, and one of the great officers of state of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecut
A member of the College of Advocates, appointed by letters patent, whose office is to advise and act as counsel for the crown in questions of civil, canon, and international law. H
In the civil law. The quality, function, privilege or territorial Jurisdiction of an advocate.
A term used in the ecolesiastical law to denote the patrons of churches who presented to the living on an avoidance. This term was also applied to those who were retained to argue
In the civil law. Advocates of the fiscj or revenue; fiscal advocates, (qui causam fisc egissent.) Cod. 2, 9, 1; Id. 2, 7, 13. Answering, in soine measure, to the king's counsel in
In Scotch law. A process by which an action may be carried from an inferior to a superior court before final judgment in the former.
A writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church.
In old practice. One who called on or vouched another to warrant a title; a voucher. Advocatus; the person called on, or vouched; a vouchee. Spelman; Townsh. PL 45. In Scotch pract
In the civil law. An advocate; one who managed or assisted in managing another's cause before a judicial tribunal. Called also "patrons." Co.d. 2, 7, 14. But distinguished from cas
In ecolesiastical law. The devil's advocate; the advocate who argues against the canonization of a saint
- Advocatus est, ad quem pertinet jus advocationis alicujus ecclesiæ, ut ad ecclesiam, nomine proprio, non alieno, possit præsentaredefined inBlack's (1910)
A patron is he to whom appertains the right of presentation to a church, in such a manner that he may present to such a church in his own name, and not in the name of another. Co.
At will. Bract fob 27a. Ad voluntatem domini, at the will of the lord.
In old English law. An adulterer. Beaty v. Richardson, 56 S. C. 173, 34 S. E. 73, 46 In R. A. 517.
In old English law. Adultery between parties bath of whom were married. Hunter v. In S., 1 Pin. (Wist) 91, 39 Am. Dec. 277. Or the offense by an adulteress of continuing to live wi
The person or patron who has a right to present to a benefice. Flete, lib. 5, c. 14. —Advowee paramount. The sovereign, or highest patron.
The sovereign, or highest patron.
- Advowsondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; fhe right of presenting a fit person to the bishop, to be by him admitted and insti
An advowson annexed to a manor, and passing with it, as incident or appendant to it, by a grant of the manor only, without adding any other words. 2 Bl. Comm. 22; Co.. Litt. 120, 1
Where the bishop happens himself to be the patron, in which case (presentation being impossible, or unnecessary) he does by one act, which is termed "collation," or conferring the
Where the patron has the right to put his clerk in possession by his mere gift, or deed of donation, without any presentation to the bishop, or institution by him. 2 Bl. Comm. 23;
An advowson separated from the manor, and annexed to the person. 2 Bl. Comm. 22; Co.. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118; 3 Steph. Comm. 116.
The usual kind of advowson, where the patron has the right of presentation to the bishop, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canonic
To fallow. Bract fol. 228b. See Waractum.
In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive destruction, by injuries which leave it no longer existing in specie
A persenis concerns in trade or property; business. Montgomery v. Com., 91 Pa. 133; Bragaw v. Bolles, 51 N. J. Eq. 84, 25 Atl. 947.
To act upon; influence; change; enlarge or abridge. This word is often used in the sense of acting injuriously upon per-sens and things. Ryan v. Carter, 93 U. S. 84, 23 L. Ed. 807;
The making over, pawning or mortgaging a thing to assure the payment of a sum of money or the discharge of some other duty or service. Crabb, Technol. Diet.
Your disposition (or intention) gives name (or character) to your work or act. Bract, fol. 2b, 101b.
A modern comprehensive term descriptive of all those forms of insanity which affect or relate to the feelings and emotions and hence to the ethical and social relations of the indi
Disposition; intention, impulse or affection of the mind. One of the causes for a chuilenge of a juror is propter affectum, on acoount of a suspicion of bios or favor. 3 Bl. Comm.