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
See Fodder.
A mine. Co. Litt 6n.
In maritime law. Any atmospheric condition (including not only fog properly se called, but also mist or falling snow) which thickens the air, obstructs the view, and so increases t
In old English law. Fog-gage or fog; a kind of rank grass of late growth, and not eaten in summer. Spelman; Cowell.
In French feudal law. Faith; fealty. Guyot, Inst Feod. c. 2.
In old English law. The fawning of deer. Spelman.
In old Scotch law. To forfeit 1 How. State Tr. 927.
In old Scotch law. Forethought; premeditated. 1 Pitc. Orion Tr. pt. 1, p. 90.
Vagabonds. Blount.
In Saxon law. A general assembly of the people in a town or shire. It appears to have had judicial functions of a limited nature, and also to have discharged political offices, suc
In Saxon law. Land of the folk or pcople. Land belonging to the people or the public. Folc-land was the property of the community. It might be occupied in common or possessed in se
A general assembly of the people, under the Saxons. See Folc-Gemote.
The common right of all the people. 1 Bl. Comm. 65, 67. The jus commune, or common law, mentioned in the laws of King Edward the Elder, declaring the same equal right, law, or just
- Foldagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A privilege possessed in seme places by the lord of a manor, which consists in the right of haying his tenant's sheep to feed on his fields, so as to manure the land. The name of f
- Fold-Coursedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. Land to which the sole right of folding the cattle of others is appurtenant. Sometimes it means merely such right of folding. The right of folding on another's land
- Folgariidefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Menial servants; followers. Bract.
In pld English law. A freeman, who has no house or dwelling of hls own, but is the follower or retainer of another, (heorthfœst,) for whom he performs certain predial services.
The French name for circular insanity or maniacal-depressive insanity.
A French term sometimes used to designate an access of insanity resulting from nephritis or "Bright's disease." See In re McKean's Will, 31 Misc. Rep. 703, 66 N. Y. Supp. 44.
- Foliodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
1. A leaf. In the ancient lawbooks it was the custom to number the leaves, instead of the pages; hence a folio wouid include bath sides of the leaf or two pages. The references to
See Folc-Land; Folc-Gemote.
To conform to, comply with or be fixed or determined by; as in the expressions "costs follow the event of the suit," "the situs of personal property follows that of the owner," "th
Fr. In French law. Goods and efforts. Adams v. Akerlund, 168 III. 632, 48 N. E. 454.
In French law. A capital is said to be Invested a fonds perdu when It ls stlpuiated that in consideration of the payment of an amount as interest, higher than the normal rate, the
In Spanish law. Any tribute or loan granted to the king for the purpose of enabling him to defray the expenses of a war.
A fountain or spring. Bract, fol. 233.
- Footdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
1. A measure of length 'containing twelve inches or one-third of a yard. 2. The base, bottom, or foundation of anything; and, by metonomy, the end or termination; as the foot of a
In the forest law. An amercement for not batting out the ball or chtting off the claws of a dog's feet, (exped-itating him.) To be quit of footgeld is to have the privllege of keep
- Foot of the Finedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and before whom It was acknowledged or levied. 2
In the law of evidence. Impressions made upon earth, snow or other surface by the feet of persons or by the shoes, boots or other covering of the feet. Burrill, Circ. Ev. 264.
Fr. In French law. A tribunal. Le for interieur, the interior forum; the tribunal of conscience. Poth. Obi. pt. 1, c. 1, § 1, art 3, § 4. Instead of; on behalf of; in place of; as,
Hay and straw for horses, particularly in the army. Jacob.
Straw when the corn is threshed out Cowell.
- Foraneusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
One from without; a foreigner; a stranger. Calvin.
- Forathedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In forest law. One who could make oath, i. e., bear witness for another. Cowell; Spelman.
- Forbalcadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old records. A forebalk ; a balk (that ls, an unplowed piece of land) lying forward or next the highway. Cowell.
A pirate; an outlaw; one banished.
L. Fr. To bar out; to preclude; hence, to estop.
In old English law. The aggressor slain in combdt Jacob.
- Forbearancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds v. Ward, 5 Wend. (N. Y.) 5
- Forcedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word ocours in such connections as to show t
- Force and armsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A phrase used in declarations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. Pi. 846, 850
that any contract or act extorted under the pressure of force (ins) or under the influence of fear (metus) is voidable on that ground, provided, of course, that the force or the fe
In Louisiana. Those persons whom the testator or donor cannot deprive of the portion of hls estate reserved for them by law, except in cases where he has a just cause to disinherit
- Forced Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In practice. A sale made at the time and in the manner prescribed by law, in virtue of execution issued on a judgment already rendered by a court of competent jurisdiction; a sale
Fr. In the law of insurant. Superior or irresistible force. Emerig. Tv. des Ass. c. 12.
The military and naval power of the country.
Pre-emption; forestalling the market. Jacob.
The offense Of violently keeping possession of lands and tenements, with menacos, force, and arms, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280. Forcible d
An offense against the public peace or private wrong, committed by violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entit
The action of forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve titl
In North Carolina, this is an invasion of the rights of another with respect to his personal property, of the same character or under the same circumstances, which would constitute
- Fordadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old records. A ford or shallow, made by damming or penning up the water. Cowell.
A butt or headland, jutting out upon other land. Cowell.
- Fordannodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old European law. He who first assaulted another. Spelman.
In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell.
Sax. Before. Fr. Out. Kel-bam.
To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor.
- Foreclosuredefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A process in chancery by whifch all further right existing in a mortgagor to redeem the estate is defcated and lost to him, and the estate becomes the absolute property of the mort
Properly speaking, a decree ordering the strict foreclosure (see infra) of a mortgage; but the term is also loosely and conventionally applied to a decree ordering the sale of the
A sale of mortgaged property to obtain satisfaction of the mortgage out of the proceeds, whether authorized by a decree of the court or by a power of sale contained in the mortgage
In Scotch law. To forfeit ; to lose,
- Foregiftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A premium for a lease.
Royal purveyors. 26 Edw. IIL c. 5.
- Forehand Rentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English law. Rent payable in advance; or, more properly, a species of premium or bonus paid by the tenant on the making of the lease, and particularly on the renewal of leases b
A domicile established by a citizen or subiect of one sovereignty within the territory 'oi another.
- Foreigndefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
Belonging to another nation or country; belonging or attached to another jurisdiction; made, done or rendered in another state or Jurisdiction; subject to another jurisdiction; ope
One appointed or qualified under the laws of a foreign state or country, where the decedent was domiciled.
In old English practice. An answer which was not triable in the county where it was made. (St 15 Hen. VI. c. 5.) Blount.
An officer in the exchequer who examines the sheriff's estreat, comparing them with the records, and apposeth (interrogates) the sheriff what he says to each particniar sum therein
An assignment made in a foreign country, or in another state. 2 Kent, Comm. 405, et seq.
A custom in London which, being found prejudicial to sellers of cattle in Smithfield, was abolished. Wharton.
One created or endowed in a state or country foreign to that of the domicile of the benefactor. Taylor's Ex'rs v. Trustees of Bryn Maur Co.llege, 34 N. J. Eq. 101,
Coins issued as money under the authority of a foreign government. As to their valuation in the United States, see Rev. St U. S. §§ 3564, 3565 (U. S. Comp. St. 1901, pp. 2375, 2376
Commerce or trade between the United States and foreign countries. Co.m. v. Housatonic R. Co., 148 Mass. 264, 9 N. B. 547; Foster v. New Orleans, 94 U. S. 246 , 24 L. Ed. 122. The
Any county having a judicial and municipal organization separate from that of the county where matters arising in the former county are called in question, though bath may lie with
One who resides in a state or country foreign to that where the debtor has his domicile or his property.
A divorce obtained out of the state or country where the marriage was solemnized. 2 Kent, Comm. 106, et seq
One which was prepared or executed in, or which comes from, a foreign state or country.
In English law this means a country which at one time formed part of the dominions of a foreign state or potentate, but which by conquest or cession has become a part of the domini
The statute 59 Geo. III. c. 69, prohibiting the enlistment, as a soldier or sailor, in any foreign service. 4 Steph. Comm. 226. A later and more stringent act is that of 33 & 34 Vi
The courts of a foreign state or nation. In the United States, this term is frequently applied to the courts of one of the states when their judgments or records are introduced in
- Foreignerdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In old English law, this term, when used with reference to a particular city, designated any person who was not an inhabitant of that city. According to later usage, it denotes a p
Drafts drawn on a foreign state or country.
By the English merchant shipping act, 1854, (17 & 18 Viet. c. 104,) § 2, any ship employed in trading, going between some place or places in the United Kingdom and some place or pl
A bili of exchange drawn in one state or country, upon a foreign state or country. A bill of exchange drawn in one country upon another country not governed by the same homogeneous
Any jurisdiction foreign to that of the forum. Also the exercise by a state or nation of jurisdiction bsyond its own territory, the right being acquired by treaty or otherwise.
jury obtained from a county other than that in which issue was joined.
The laws of a foreign country, or of a sister state. People v. Martin, 38 Misc. Rep. 67, 76 N. Y. Supp. 953; Bank of Chillicothe v. Dodge, 8 Barb. (N. Y.) 233. Foreign laws are oft
In old practice. Matter triable or done in another county. Cowell.
An ambassador, minister, or envoy from a foreign government. Cherokee Nation v. Georgia, 5 Pet 56, 8 L. Ed. 25.
The department of state through which the English sovereign communicates with foreign powers. A secretary of state is at its head. Till the middle of the last century, the function
A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject-matter of the snit. Cowell.
A foreign port is properly one exclusively within, the jurisdiction of a foreign nation, hence one without the United States. King v. Parks, 19 Johns. (N. Y.) 375 ; Bigley v. New Y
that whereby a mesne lord held of another, without the compass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (K
A foreign country or nation. The several United Slates are considered "foreign" to each other except as regards their relations as common members of the Union.
A vessel owned by residents m, or sailing under the flag of, a foreign nation. "Foreign vessel," under the embargo act of January, 1808, means a vessel under the flag of a foreign
A voyage to some port or place within the territory of a foreign nation. The terminus of a voyage determines its character. If it be within the limits of a foreign jurisdiction, it
Those belonging to another nation or country or subject to another jurisdiction, as distinguished from "domestic" waters. The Pilot. 50 Fed. 437 , 1 C. O. A. 523.
- Foreindefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An old form of foreign, (q. v.) Blount