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
Bonds the payment of which is secured by a first mortgage on property. Bank of Atchison County v. Byers, 139 Mo. 627, 41 S. W. 325; Minnesota & P. R. Co. v. Sibley, 2 Minn, l8 (Gil
Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, ali being of the same tenor, and the intention being that the accept
See First.
- First purchaserdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In the law of descent, this term signifies the ancestor who first acquired (in any other manner than by inheritance) the estate which still remains in his family or descendants. Bl
- Fiscdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
An Anglicised form of the Latin "fiscus," (which see.)
- Fiscaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Belonging to the fisc or public treasury. Relating to accounts or the management of revenue. —Fiscal agent. This term does not necessarily mean depositary of the public funds, so a
This term does not necessarily mean depositary of the public funds, so as, by the simple use of it in a statute, without any directions in this respect, to make it the duty of the
A public officer named in the laws of the Rip-uarians and some other Germanic peoples, apparently the same as the "Graf," "reeve," "comes," or "count," and so called because charge
Those charged with the collection and distribution of public money, as, the money of a state, county, or municipal corporation. Rev. St Mo. 1899, § 5333 (Ann. St. 1906, p. 2776).
In the administration of a state or government or of a corporation, the fiscal year is a period of twelve months (not necessarily concurrent with the calendar year) with reference
- Fiscusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Roman law. The treasury of the prince or emperor, as distinguished from "œrarium," which was the treasury of the state. Spelman. The treasury or property of the state, as distin
An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. —Fish commissioner. A public officer of the United States, created by ac
A public officer of the United States, created by act of congress of February 9, 1871, whose duties principally concern the preservation and increase throughoul the country of fish
A place prepared for catching fish with nets or hooks. This is commonly applied to the place of drawing a seine or net Hart v. Hill, 1 Whart. (Pa.) 131, 132. A right or liberty of
A dam or wear in a river for taking fish. Cowell.
A term descriptive of a hill in equity which seeks a discovery upon general, loose, and vague allegations. Story, Eq. PI. § 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263 i Hurri
- Fish royaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
These were the whale and the sfurgeon, which, when thrown ashore or caught near thi coast of England, became the property of the king by virtue of his prerogative and in recompense
In Scotch law. The fiscus or fist The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell.
In mining law. A vein or lode of mineralized matter filling d pre-existing fissure or crack in the earth's crust extending across the strata and goh erally extending indefinitely d
In old English law. The rod or wand, by the delivery of which the property in land was formerly transferred in making a feoffment. Called, also, "baculum," "virga," and "fustis" Sp
In the civil law. A pipe for conveying water. Dig. 8, 2, 18.
In medical jurisprudence. An attack or spasm of muscular convulsions, generally attended with loss of self-control and of consciousness; particularly, such attacks occurring in epi
A Norman word, meaning "son." It is used in law and genealogy ; as Fitzher-bert, the son of Herbert; Fitzjames, the son of James; Fitzroy, the son of the king. It was originally ap
- Five-Mile Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An act of parliament, passed In 1665, against non-conformists, whereby ministers of that body were prohibited from coming within five miles of any corporate town or place where the
To liquidate or render certain. To fasten a liability upon one. To transform a possible or contingent liability into a present and definite liability. Zimmerman v. Canfield, 42 Ohi
As ground for rejecting a furor, this phrase means a settled belief or opinion which would so strongly influence the mind of the juror and his decision in the case that he could no
One which is definitely ascertained and prescribed as to amount and time of payment, and does not depend upon the receipt of fees or other contingent emoluments; not necessarily a
In practice. Rendering absolute the liability of special bail.
1. A fixture is a personal chattel substantially affixed to the land, but which may afterwards be lawfully removed therefrom by the party affixing it or his representative, without
A place covered with standing water.
A national standard on which are certain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and commonly displayed at forts and many other suitable places. —Flag
This was aD ancient ceremony in acknowledgment of British sovereignty over the British seas, by which a foreign vessel struck her flag and lowered her top-sail on meeting the Briti
Whipped; scourged. An entry on old Scotch records. 1 Pitc. Crim. Tr. pt. 1, p. 7.
By the act entitled "An act to establish the flag of the United States," (Rev. St. §§ 1791, 1792 [U. S. Comp. St. 1901, p. 1225],) it is provided "that, from and after the fourth d
Lat. Burning; raging; in actual perpetration. —Flagrans hellnm. A war actually going on. —Flagrans crimen. In Roman law. A fresh or recent crime. This term designated a crime in th
In Roman law. A fresh or recent crime. This term designated a crime in the very act of its commission, or while it was of recent occurrence
See those titles.
A war actually going on.
In French law. A crime which is in actual process of perpetration or which has just bcen committed. Code d'Instr. Crim. art. 41.
In the very act of committing the crime. 4 Bl. Comm. 307.
During an actual state of war.
A case of urgency rendering lawful an otherwise llle-gal act, as an assault to remove a man from impending danger.
A check drawn upon a banker by a person who has no funds at the banker's and knows tbat such is the case.
A place covered with water too shallow for navigation with vessels ordinarily usedfor commercial purposes. The space between high and low water mark along the edge of an arm of the
In Roman law. The title of a book containing the forms of actions, published by Cneius Flavius, A. U. C. 449. Mackeld. Rom. Law, § 39. Calvin.
The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from Its criminal or crown depa
A feathered or fleet arrow. Cowell.
- Fledwitedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A discharge or freedom from amercements where one, having bcen an outlawed fugitive, cometh to the place of our lord of hls own accord. Termes de la Ley. The liberty to hold ceurt
- Flee From Justicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
To leave one's home, residence or known place of abode or to conceal one's self therein, with intent, in either case, to avoid detection or punishment for some public offense. Stre
- Fleetdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
A place where the tide flows; a creek or inlet of water; a company of ships or navy ; a prison in London, (so called from a river or ditch formerly in its-vtcinity,) now abolished
A metaphorical expression, used in connection with homicide done in self-defense, signifying the exhaustion of every possible means of escape or of averting the assault, bsfore kll
- Flemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon and old English law-A fugitive bondman or villein. Spelman. The privilege of having the goods and fines of fugitives.
The reception or relief of a fugitive or outlaw. Jacob.
The possession of the goods of fugitives. Fleta, lib. 1, c. 147.
In Saxon law. Land; a house; home.
- Fletadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
The name given to an ancient treatise on the laws of England, founded mainly upon the writings of Bracton and Glanville, and supposed to have been written in the time of Edw. I. Th
- Flichwitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In Saxon law. A fine-on acoount of brawls and quarrels. Spelman.
- Flightdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In criminal law. The act of one under acousation, who evades the law by voluntarily withdrawing himself. It is presumptive evidence of guilt. U. S. v. Candler (D. 0.) 65 Fed. 312.
- Floatdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In American land law, especially in the western states. A certificate authorizing the entry, by the holder, of a certain quantity of land not yet specifically selected or located.
Used for floating. A floatable stream is a stream used for floating logs, rafts, etc. Gerrish v. Brown. 51 Me. 260, 81 Am. Dec. 569; Gaston v. Mace, 33 W. Va. 14, 10 S. E. 60, 5 In
The capital which is consumed at each operation of production and reappears transformed into new producte. At each sale of these producis the capital is represented In cash, and It
- Floating Debtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
By this term is meant that mass of lawful and valid claims against the corporation for the payment of which there is no money in the corporate treasury specifically designed, nor a
A policy of fire insurance not applicable to any specific described goods, but to any and ali goods which may at the time of the fire be in a certain building.
Flood-mark, high-water mark. The mark which the sea, at flowing water and highest tide, makes on the shore. Blount.
A section of a building between horizontal planes. Lowell v. Strahan, 145 Mass. 1, 12 N. D. 401, 1 Am. St Rep. 422. A term used metaphorically, in parliamentary practice, to denote
- Florentine Pandectsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A copy of the Pandects discovered accidentally about the year 1137, at Amalphi, a town in Italy, near Salerno. From Amalphi, the copy found its way to Pisa, and, Pisa having submit
A coin originally made at Florence, now of the value of about two English shillings.
1. Such things as by accident swim on the toll of great rivers or the sea. Cowell. 2. A commission paid to water bailiffs. Cun. Diet
a name for the goods which float upon the sea when cast overboard for the safety of the ship or when a ship is sunk. Distinguished from "jetsam" and "ligan." Bract, lib. 2, c. 5; B
In old English law. High-water mark; flood-mark. 1 And. 88, 89.
This term has acquired a definite and specific meaning in law. It commonly imports raising and setting back water on another's land, by a dam placed across a stream or water-course
Flood; flood-tide. Bract, fol. 255.
In Roman law. A servitude which consists in the right to conduct the rain-water, collected from the roof and carried off by the gutters, onto the house or ground of one's neighbor.
- Flumina et portus publica sunt, ideoque jus piscandi omnibus commune estdefined inBallentine's (1916)Black's (1910)
Rivers and ports are public. Therefore the right of fishing there is common to all. Day. Ir. K. B. 55; Branch, Princ.
Wild fowl; water-fowl. 11 East, 571, note.
Lat. A river; a publlc river ; flood; flood-tide.
In old English law. Flow. Per fluxum et refluxum maris, by the flow and reflow of the sca. Dal. pi. 10.
On a criminal trial in former times, it was usual after a verdict of not guilty to inquire also, "Did he fly for it?" This practice was abolished by the 7 & 8 Geo. IV., c. 28, § 5.
In railroading, a flying switch is made by uncoupling the cars from the engine while in motion, and throwing the cars onto the side track, by turning the switch, after the engine h
- Flymadefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A runaway; fugitive; one escaped from justice or who has no "hlaford."
In old English law. The offense of harboring a fugitive, the penalty attached to which was one of the rights of the crown.
Women are excluded from ali civil and publlc charges or offices. Dig. 50, 17, 2; 1 Exchi 645 ; 6 Mees. & W. 216.
A married woman; a feme covert.
Jenk. Cent. 237. Women are not admissible to publlc offices.
Lending money at interest; the act of putting out money to us-uyy.
The Forum Judicium; a code of laws established in the seventh century for the Visigothic kingdom in Spain. Some of its principles and rules are found surviving in the modem jurispr
The body of laws granted to a city or town for its government and the administration of justice.
The title of a code of Spanish law promulgated by Alhonso the Learned, (el Sabto,) A. D. 1255. t was the precursor of the Partidas. Schm. Civil Law, Introd. 67.
In the constifutional provision that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state, this phrase mean
One by which the indorser orders the money to be paid to some particular person by name; it differs from a blank indorsement, which consists merely in the name of the indorser writ
Complete jurisdiction over a given subject-matter or class of actions (as, in equity) without any exceptions or reservations. Bank of Mississippi v. Duncan. 52 Miss. 740.
Life in fact and in law. See In Full Life.
When a master ordinary in chancery made a report in pursuance of a decree or decretal order, the cause was again set down before the judge who made the decree or order, to be proce
In practice. Hearing at another time.
Lat. Jn the civll law. Interest on money; the lending of money on interest —Fcenns nauticum. Nautical or maritime interest. An extraordinary rate of interest agreed to be paid for
In mercantile contracts, this abbreviation means "free on board," and imports that the seller or consignor of goods will deliver them on the car, vessel or other conveyance by whic
House-bote; fire-bote. Cowell.
- Focaledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. Firewood. The right of inking wood for the fire. Fire-bote. Cunningham.
Food for horses or cattle. In feudal law, the term also denoted a prerogative of the prince to be provided with com, etc., for his horses by his subjects in his wars.
Provisions to be paid by custom to the royal purveyors. Cowell.