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 Spanish law. A summons or citation, issued by authority of a judge, requiring the person to whom it is addressed to appear bsfore the tribunal at a designated day and hour.
To indict; to prefer a charge against; to accuse.
In French law. Equitable conversion. When property covered by the regime dotal is sold, the proceeds of the sale must be reinvested for the benefit of the wife. It is the duty of t
To engage in one's service; to use as an agent or substitute in transacting business; to commission and intrust with the management of one's affairs; and, when used in respect to a
This signifies both the act of doing a thing and the being under contract or orders to do It. U. S. v. Morris, 14 Pet. 475, 10 L. Ed. 543; In S. v. The Catharine, 2 Paine, 721, Fed
This word "is from the French, but has become somewhat naturalized in our language. Strictly and etymologically, It means la person employed,' but, in practice in the French langua
One who employs the services of others; onq for whom employees work and who pays their wages or salaries. —Employers' liability acts. Statutes defining or limiting the occasions an
Statutes defining or limiting the occasions and the extent to which employers shall be liable in damages for injuries to their employees occurring in the course of the employment,
In this form of insurance the risk insured against is the liability of the assured to make compensation or pay damages for an accident, injury, or death occurring to a servant or o
This word does not necessarily import an engagement or rendering services for another. A person may as well be "employed" about his own business as in the transaction of the same f
A place for wholesale trade in commodities carried by sea. The name is sometimes applied to a seaport town, tint it properly significa only a particular place in such a town. Smith
In Mexican law. Undertakers or promoters of extensive enterprises, aided by concessions or monopolistic grants from government; particularly, persens receiving extensive land grani
In Spanish law. A loan. Something lent to the borrower at his request. Las Partidas, pt. 3, tit 18, 1. 70.
In the Roman and civll law. The act of buying; a purchase. —Emptio honorum. A species of forced assignment for the benefit of creditors; being a public sale of an insolvent debtor'
Purchase and sale ; sometimes translated "eruption and vendition." The name of the contract of sale in the Roman law. Inst. 3, 23 ; Bract, fol. 616. Sometimes made a compound word,
A species of forced assignment for the benefit of creditors; being a public sale of an insolvent debtor's estate whereby the purchaser succeeded to all his property, rights, and cl
Lat A buyer or purchaser. Used in the maxim "caveat emptor," let the buyer beware; i. e., the buyer of an articie must be on his guard and take the risks of his purchase. Emptor em
In the civil law. Purchase. This form of the word is used in the Digests and Code. Dig. 18, 1; Cod. 4, 49. See Emptio.
In the civil law. A buyer or purchaser; the buyer. Dig. 18, 1; Cod. 4, 49.
In the civil law. A female purchaser; the purchaser. Cod. 4, 54, 1.
When the donor of a power, who is the owner of the estote, confers upon persons not seised of the fee the right of creating interests to take effect out of it, which could not be d
- Enabling Statutedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of 32 Henry VIII. c. 28, by which tenants In tall, husbands seised in right of their wives, and others, were empowered to make leases for their lives or for twenty-one year
In Saxon law. The satisfaction for a crime; the recompense for a fault Skene.
- Enactdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
To establish by law; to perform or effect; to decree. The usual introductory formula in making laws is, "Be if enacted." In re Senate File, 25 Neb. 864, 41 N. W. 981. —Enacting cla
That part of a statute which declares its enactment and serves to
In Spanish and Mexican law. Alienation ; transfer of property. The act by which the property in a thing, by lucrative title, is transferred, as a donation ; or by onerous title, as
In Fr. In time past 2 Inst. 506.
In the right of another. See Auter Droit.
In Fr. In the bench. 1 Anders. 51.
L. Fr. To write down in short; to abbreviate, or, in old language, imbreviate; to put into a schedule. Britt, c. 1.
In French law. An acte is said to be en brevet when a copy of It has not bsen recorded by the notary who drew it.
In the civil law. A kind of ink or writing fluid appropriate to the use of the emperor. Cod. 1, 23, 6.
- Enceintedefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Pregnant. See Pregnancy.
The occasion, cause or reason for which anything is done. Termes de la Ley.
In the Scotch law. To shut up a jury after the case has been submitted to them. 2 Alls. Crim. Pr. 634. See Inclose.
See Inclosure.
In Spanish law. A grant from the crown to a private person of a certain portion of territory in the Spanish colonies, together with the concession of a certain number of the native
In criminal law. To Instigate; to incite to action; to give courage to; to inspirit; to embolden; to raise confidence; to make confident. Comitez v. Parkerson (C. C.) 50 Fed. 170;
- Encroachdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To gain unlawfully upon the lands, property or authority of another; as if one man presses upon the grounds of another too far or if a tenant owe two shillings rent-service, and th
- Encroachmentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
An encroachment upon a street or highway is a fixture, such as a wall or fence, which intrudes into or invades the highway or incloses a portion of it, diminishing its width or are
See Incumber.
See Incumbrance.
Object; intent. Things are construed according to the end. Finch, Law, b. 1, c. 3, no. 10.
A form of action used In Louisiana. Its object ls to have a contract declared judicially a simulation and a nullity, to remove a cloud from the title, and to bring back, for any le
In default. Used in Lonisiana of a debtor who fails to pay on demand according to the terms of his obligation. See Bryan v. Cox, 3 Mart. (La. N. S.) 574.
To make free; to enfranchise.
In mining law, the end lines of a claim, as platted or laid down on the ground, are those which mark its boundaries on the shorter dimension, where it crosses the vein, white the "
In medical jurisprudence. An inflammation of the muscular tissue of the heart.
- Endorsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Indorse.
In England, certain schools having endowments are distinctively known as "endowed schools;" and a series of acts of parliament regulating them are known as the "endowed schoois act
- Endowmentdefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
1. The assignment of dower; the setting off a woman's dower. 2 Bl. Comm. 135. 2. In appropriations of churches, (in English law,) the setting off a sufficient maintenance for the v
In life insurance. A policy the amount of which is payable to the assured himself at the end of a fixed term of years, if he is then living, or to his heirs or a named beneficiary
- Enemydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
In public law, signifies either the nation which is at war with another or a citizen or subject of such nation. —Alien enemy. An alien, that is, a citizen or subject of a foreign s
In international law, and particularly in the usage of prize courts, this term designates any property which is engaged or used in illegal intercourse with the public enemy, whethe
Co. Litt. 50. In an exchange It is desirable that the estates be equal.
Fr. In fact; in deed; actually.
- Enfeoffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To invest with an estate by feoffment. To make a gift of any corporeal hereditaments to another. See Feoffment.
The act of investing with any dignity or possession; also the instrument or deed by which a person is invested with possessions.
In Spanish law. Emphyteusis, (q. v.) See Mulford v. Le Franc, 20 Cal. 103.
To put into execution; to cause to take effect; to make effective; as, to enforce a writ, a judgment or the collection of a debt or fine. Breitenbach v. Bush, 44 Pa. 320, 84 Am. De
- Enfranchisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
To make free; to incorporate a man in a society or body politic.
- Enfranchisementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of making free; giving a franchise or freedom to; investiture with privileges or capacities of freedom or municipal or political liberty. Admission to the freedom of a city
In English law. The conversion of copyhold into freehold tenure, by a conveyance of the fee-simple of the property from the lord of the manor to the copyholder, or by a release fro
- Engagementdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In French law. A contract. The obligation arising from a quasi contract The terms "obligation" and "engagement" are said to be synonymous, (17 Toullier, no. 1;) but the Code seems
This is said to be a word of very general signification; and, when used to an act, its meaning must be sought out from the act itself, and the language which surrounds It, and also
A law was made by Canute, for the preservation of his Danes, that, when a man was killed, the hundred or town should be liable to be amerced, unless it could be proved that the per
L. Fr. England.
In English law. A proceeding in the court of exchequer in matters ot revenue.
This phrase may refer to the place where the marriage is solemnized or it may refer to the nationality and domicile of the parties between whom it is solemnized, the place where th
In copyright law. The art of producing on hard material incised or raised patterns, lines, and the like, from which an impression or print is taken. The term may apply to a text or
Fr. In gross. Total; by wholesale.
- Engrossdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
To copy the rude draft of an instrument in a fair, large hand. To write out, in a large, fair hand, on parchment. In old criminal law. To buy up so much of a commodity on the marke
One who engrosses or writes on parchment in a large, fair hand. One who purchases large quantities of any commodity in order to acquire a monopoly, and to sell them again at high p
- Engrossingdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. The getting into one's possession or buying up, large quantities of corn or other dead victuals, with intent to sell them again. The total engrossing of any other c
This word, taken in an unqualified sense, is synonymous with "increased," and comprehends any increase of value, however caused or arising. Thorn-burn v. Doscher (C. Ct) 32 Fed. 81
In Fr. Inheritance.
The share of the eldest. A term of the English law descriptive of the lot or share chosen by the eldest of coparceners when they make a voluntary partition. The first choice (prime
Co. Litt. 166. The part of the elder sister is always to be preferred on account of the privilege of age.
- Enjoindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To require; command; positively direct To require a person, bjr writ of injunction from a court of equity, to perform or to abstain or desist from, some act. Clifford v. Stewart, 9
- Enjoymentdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The exercise of a right; the possession and fruition of a right, privllege or incorporeal hereditament. —Adverse enjoyment. The possession or exercise of an easement, under a claim
See Covenant.
Span. Judicially; in a court of law; in a suit at law. White, New Recop. hi 2, tit. 8, c. 1.
- Enlargedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To make larger; to increase ; to extend a time limit; to grant further time. Also to set at liberty one who has been imprisoned or in custody.
A species of release which inures by way of enlarging an estate, and consists of a conveyance of the ulterior interest to the particular tenant; as if there be tenant for life or y
Extending or making more comprehensive; as an enlarging statute, which is a remedial statute enlarging or extending the common law. 1 Bl. Comm. 86, 87.
- Enlistmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The act of one who voluntarily enters the military or naval service of the government, contracting to serve in a subordinate capacity. Morrissey v. Perry, 137 U. S. 157, 11 Sup. Ct
Fr. In a mass; in a lump; at wholesale.
L. Fr. In a dead hand; in mortmain. Britt, c. 43.
- Enormiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
In old practice and pleading. Uniawful or wrongful acts; wrongs. Et alia enormia, and other wrongs. This phrase constantly occurs in the old writs and declarations of trespass.
Aggravated. "So enormous a trespass." Vaughan, 115. Written "enormious," in some of the old books. Enor-mious is where a thing is made without a rule or against law. Browni. pt 2,
L. Fr. In equal hand. The word "oivel" occurs also in the phrase "owelty of partition."
Anciently used for implead. Cowell.
In canon law. An examination of witnesses, taken down in writing, by or before an authorized judge, for the purpose of gathering testimony to be used on a trial.
Fr. In French law. An expression employed to denote that an indorsement made in favor of a person does not transfer to him the property in the bill of exchange, buf' merely constit
In French law. Registration. A formality which'consiste in inscribing on a register, specially kept for the purpose by the government, a summary analysis of certain deeds and docum
- Enrolldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To register; to make a record ; to enter on the rolls of a court; to transcribe. Ream v. Co.m., 3 Serg. & R. (Pat) 209. —Enrolled hill. In legislative practice, a bill which has be
In legislative practice, a bill which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president) and fi
- Enrollmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English law. The registering or entering on the rolls of chancery, king's bench, common pleas or exchequer or by the clerk of the peace in the records of the quarter sessions, o
In the laws of the United States on the subject of merchant shipping, the recording and certification of vessels employed In coastwise or inland navigation; as distinguished from t
Fr. On the way; in the course of a voyage or journey; in course of transportation. McLean v. U. S., 17 Ct. Cl. 90.