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
Wing. 680. Fraud and justice never dwell together.
Fraud lles hid in general expressions.
Lat In the civil law. Fraud of law; fraud upon law. See In Fraudem Legis.
Plowd. 100. Fraud merits fraud.
In old English law. A wood or wood-ground where ash-trees grow. Co. Litt. 4b.
In the civil law. A brother. Frater consanguineus, a brother having the same father, but born of a different mother. Frater uterinus, a brother bom of the same mother, but by a dif
In old records. A fraternity, brotherhbod or society of religious persens, who were mutually bound to pray for the good health and Ilfe, etch of their llving brethren, and the soul
Brotherly; relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit —Fraternal benefit association. A society or vol
A society or voluntary association organized and carried on for the mutual aid and banefit of its mem-bars, not for profit; which ordinarily has a lodge system, a ritualistic form
The form of life or accident insurance furnished by a fraternal beneficial association, consisting in the undertaking to pay to a member, or his heirs in case of death, a stipulate
A fraternity or brotherhood.
In old English law. "A corporation is an investing of the people of a place with the local government thereof, and therefore their laws shall bind strangers; but a fraternity is se
Sworn brothers or companions for the defense of their sovereign or for other purposes. Hoved. 445.
In old English law. Certain friars who wore white and black garments. Walsingham, 124.
A younger brother's Inheritance.
- Fratricidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One who has killed a brother or sister; also the killing of a brother or sister.
- Frauddefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right or in some manner to do him an injury. As distinguished from ne
Lat. In the civll law. To deceive, cheat or impose upon; to defraud.
This is the common designation of a very celebrated English statute, (29 Car. II. c. 3,) passed in 1677, and which bas been adopted, in a more or less modified form, in nearly all
Based on fraud; proceeding from or characterized by fraud; tainted by fraud; done, made or effected with a purpose or design to carry out a fraud. —Fraudulent alienation. In a gene
In a general sense, the transfer of property with an intent to defraud creditors, lienors, or others. In a particular sense, the act of an administrator who wastes the assets of th
One who knowingly receives from an administrator assets of the estate under circumstances which make it a fraudulent alienation on the part of the administrator. Id.
The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. Magee v. Insurance Co., 92 U. S. 93 , 23 L. Ed. 699 ; Page v.
- Fraudulent conveyancedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A conveyance or transfer of property, the obj'ect of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. Seymour v. Wilson, 14 N. Y. 5
The name given to two celebrated English statutes, —the statute 13 Eliz. c. 5, made perpetual by 29 Eliz. c. 5 ; and the statute 27 Eliz. c. 4, made perpefual by 29 Eliz. c. 18.
In English law. Every conveyance or transfer of property or charge thereon made, every judgment made, every obligation incurred, and every judicial proceeding taken or suffered by
A false statement, made with knowledge of its falsity, with the intention to persuade another or influence his action, and on which that other relies and by which he is deceived to
One made foi the purpose of defrauding the creditors of the owner of the property, by covering up or removing from their reach and converting into cash property which would be subj
In Fr. A franchise,
See Frank.
- Frausdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Fraud. More commonly called, in the civll law, "dolus," and "dolus malus," (q. v.) A distinction, however, was sometimes made between "fraus" and "dolus;" the former being hel
In old English law. A wood of ashes; a place where ashes grow. Ch Litt. 4b; Shep. Touch. 95.
See Affbat.
In feudal law. A kind of benefices, so called because they were possessed by the more eminent templars, whom the chief master by his authority created and called "Prœceptores Templ
- Frectumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In old English law. Freight. Quoad frectum navium suarum, as to the freight of his vessels. Blount
In old English law. A liberty to hold courts and take up the fines for beating and wounding. To be free from fines. Cowell.
Sanctuaries; seats of peace.
A fine paid for obtaining pardon when the peace had been broken. Spelman; Blount. A sum paid the magistrate for protection against the right of revenge.
- Freedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
1. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed
The name of a species of tenure. See Frank-Almoigne.
The title to property is said to be "free and clear" when it is not incumbered by any liens; but it is said that an agreement to convey land "free and clear" is satisfied by a conv
A widow's dower out of copyholds to which she is entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a cont
In old records. An allowance of land over and above a certain limit or boundary, as so much beyond or without a fence. Cowell; Blount. The right of claiming that quantity. Termes d
- Free borough mendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Such great men as did not engage, like the frank-pledge men, for their decennier. Jacob.
In English ecclesiastical law. A place of worship, so called because not liable to the visitation of the ordinary. It is always of royal foundation, or founded at least by private
A vessel having the wind from a favorable quarter is said to sail on a "free course," or said to be "going free" when she has a fair (following) wind and her yards braced in. The Q
In Boman law. One who was set free from a state of bondage; an emancipated slave. The word is used in the same sense in the United States, respecting negroes who were formerly slav
The state of being free; liberty; self-determination; absence of restraint ; the opposite of slavery. The power of acting, in the character of a moral personality, according to the
See Liberty.
An expression used to denote that a person has the right to go on land again and again as often as may be reasonably necessary. Thus, in the case uf a tenant entitled to emblements
- Free fisherydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A franchise in the hands of a subject, existing bj grant or prescription, distinct from 'an ownership in the soil. It is an exclusive right, and applies to a public navigable river
An estate in land or other real property, of uncertain duration; that is, either of inheritance or which may possibly last for the life of the tenant at the least, (as distinguishe
- Freeholderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A person who possesses a freehold estate. Shively v. Lankford, 174 Mo. 535, 74 S. W. 835; Wheldon v. Cornett, 4 Neb. (Unof.) 421. 94 N. W. 626; People v Scott, 8 Hun (N. Y.) 507.
- Freehold in lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A freehold which has descended to a man, upon which he may enter at pleasure, but which he has not entered on. Termes de la Ley.
- Freehold land societiesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Societies in England designed for the purpose of enabling mechanics, artisans, and other working-men to purchase at the least possible price a piece of freehold land of a sufficien
A term formerly used in England to designate the freedom of civil rights enjoyed by freemen. It was liable to forfeiture on conviction of treason or an infamous crime. McCafferty v
- Freemandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
This word has had various meanings at different stages of history. In the Roman law, it denoted one who was either born free or emancipated, and was the opposite of "slave." In feu
A list of persons admitted as burgesses or freemen for the purposes of the rights reserved by the municipal corporation act, (5 & 6 Wm. IV. c. 76.) Distinguished from the Burgess R
- Free On Boarddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A sale of goods "free on board" imports that they are to be delivered on board the cars, vessels, eta, without expense to the buyer for packing, cartage or other such charges. In a
- Free servicesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In feudal and old English law. Such feudal services as were not unbecoming the character of a soldier or a freeman to perform ; as to serve under hls lord in the wars, to pay a sum
The free shareholders of a building and loan association are subscribers to its capital stock who are not borrowers from the association. Steinberger v. Independent B. & S. Assn, 8
- Free shipsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In international law. Ships of a neutral nation. The phrase "free ships shall make free goods" is often inserted in treaties, meaning that goods, even though belonging to an. enemy
- Free socagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See Socage.
- Free socmendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. Tenants in free socage. Glanv. lib. 3, c. 7 ; 2 Bl. Comm. 79.
Tenure by free services; freehold tenure.
- Free warrendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A franchise for the preserving and custody of beasts and fowls of warren. 2 Bl. Comm. 39, 417; Co. Litt. 233. This franchise gave the grantee sole right of killing, so far as his w
- Freightdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Freight is properly the price or compensation paid for the transportation of goods by a carrier, at sea, from port to port. But the term is also used to denote the hire paid for th
- Freighterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In maritime law. The party by whom a vessel is engaged or chartered ; otherwise called the "charterer." 2 Steph. Comm. 148. In French law, the owner of a vessel is called the "frei
In early times, in English law, this term was applied to every stranger or "outlandish" man. Bract llb. 3, tr. 2, c. 15.
- Frendlesmandefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Sax. An outlaw. So called because on his outlawry he was denied all help of friends after certain days. Cowell ; Blount
In old English law. A mulct or fine exacted from him who harbored an outlawed friend. Cowell; Tomlins.
- Freneticusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In old English law. A madman or person in a frenzy. Fleta, llb. 1, & 36.
- Freoborghdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A free-surety or free-pledge. Spelman. See Frank-Pledgk.
v. To visit often; to re-sert to often or habitually. Green v. State, 109 Ind. 175, 9 N. E. 781; State v. Ah Sam, 14 Or. 347, 13 Pan. 303.
The frequency of an act effects much. 4 Coke, 78; Wing. Max. p. 719, max. 192. A continual usage is of great effect to establish a right
Fr. A brother. Frere eyne, elder brother. Frere puisne, younger brother. Britt c. 75.
In old records. Fresh water or rain and land flood.
Immediate; recent; following without any material interval. —Fresh disseisin. By the ancient common law, where a man had been disseised, he was allowed to right himself by force, b
- Fresh disseisindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
By the ancient common law, where a man had been disseised, he was allowed to right himself by force, by ejecting the disseisor from the premises, without resort to law, provided th
A flood or overflowing of a river, by means of rains or melted snow; an inundation. Stover v. Insurance Co., 3 Phila. (Pat) 42; Harris v. Social Mfg. Co.., 9 N. I. 99, 11 Am. Rep.
- Fresh finedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. A fine that had been levied within a year past. St. Westm. 2, c. 45; Cowell.
Force done within forty days. Fitzh. Nat. Brev. 7; Old Nat. Brev. 4. The heir or reversioner in a case of disseisin by fresh force was allowed a remedy in chancery by bill before t
A pursuit instituted immediately, and with intent to reclaim or recapture, after an animal escaped, a thief flying with stolen goods, etc. People v. Pool, 27 Cal. 578; White v. Sta
- Fresh suitdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. Immediate and unremitting pursuit of an escaping thief. "Such a present and earnest following of a robber as never ceases from the time of the robbery until app
Fr. In French marine law. Freight. Ord. Mar. liv. 3, tit. 3.
Fr. In French marine law. To freight a ship; to let it Emerig. Tr. des Ass. c. 11, § 1.
Fr. In French marine law. Freighter. The owner of a ship, who lets it to the merchant Emerig. Tr. des Ass. c. 11, 13
In old English law. The freight of a ship; freight money. Cowell.
- Fretumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Lat. A strait. —Fretum Britannicum. The struit 'between Dover and Calnis.
The struit 'between Dover and Calnis.
An order of rellgious persons, of whom there were four principal branches, viz.: (1) Minors, Grey Friara or Franciscans; (2) Augustines; (3) Dominicans or Black Friars; (4) White F
In the civll law. A temporary separation between husband and wlfe, caused by a quarrel or estrangement, but not amounting to a divorce, because not accompanied with an intention to
Frankpledge. Cowell. Security for the peace, Spelman.
In old English law. A kind of frank-pledge, by which the lords or principal men were made responsible for their dependents or servants. Bract, fol. 124b.
In old English law. An outlaw; so called because he was denied all help of friends. Bract, llb. 3, tr. 2, c. 12.
- Friendly Societiesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. Associations supported by subscription, for the rellef and maintenance of the members or their wives, children, relatives, and nominees, in sickness, infancy, advan
- Friendly Suitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A suit brought by a creditor in chancery against an executor or administrator, being really a suit by the executor or administrator, in the name of a creditor, against himself, in
- Friend of the Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See Amicus CURLE.
Impotence. Johnson.
Persons of free descent or freemen born; the middle class of persons among the Saxons. Spelman.