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
- Agilddefined inCyclopedic (1922)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon law. Free from penalty, not subject to the payment of gild or weregild; that is, the customary fine or pecuniary compensation for an offense. Spelman ; Cowell.
In Saxon law. An observer or informer.
L. Lat. In old English law. A hayward, herdward or keeper of the herd of cattle in a common field. Cowell.
- Agiodefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In commercial law. A term used to express the difference in point of value between metallic and paper money or between one sort of metallic money and another. McCui. Diet
A speculation on the rise and fall of the public debt of states, or the public funds. The speculator is called "agio tear."
In ancient law. To take in and feed the cattle of strangers in the king's forest, and to collect the money due for the same to the king's use. Spelman; Cowell. In modern law. To ta
The drift or numbering of cattle in the forest
Officers appointed to look after cattle, etc. See Williams, Common, 232.
- Agistmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The taking in of another person's cattle to be fed or to pasture, upon one's own land, in consideration of an agreed price to be paid by the owner. Also the profit or recompense fo
One who takes in horses or other animals to pasture at certain rates. Story, Baffin. § 443.
- Agnatesdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In the law of descents. Relations by the father. This word is used in the Scotch law, and by some writers as an English word, corresponding with the Latin agnati, (q. v.) Ersk. Ins
- Agnatidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
In Roman law. The term included "ali the cognates who trace their connection exclusively through males. A table of cognates is formed by taking each lineal ancestor in turn and inc
[From agnati, q. v.] Derived from or through males. 2 Bl. Comm. 236
- Agnatiodefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In the civil law. Relationship on the father's side; agnation. Agnatio a patre est. Inst. 3, 5, 4; Id. 3, 6, 6.
Kinship by the father's side. See Agnates; Agnati.
- Agnomendefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. An additional name or title; a nickname. A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Afric
A surname; an additional name or title; agnomen.
Lat. Lamb of God. A piece of white wax, in a flat, oval form, like a small cake, stamped with the figure of a lamb, and consecrated by the pope. Cowell.
Relating to land or to a division or distribution of land; as an agrarian law.
In Roman law. Laws for the distribution among the people, by public authority, of the lands constituting the public domain, usually territory conquered from an enemy. In common par
A tax upon or tribute payable out of land
From grace or favor; as a matter of indulgence, not of right.
- Agreamentumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. Agreement; an agreement. Spelman.
In French law. A solicitor practising solely in the tribunals of commerce, To concur; to come into harmony ; to give mutual assent; to unite in mental action; to exchange promises;
In Scotch law. Agreement; an agreement or contract
Settled or established by agreement. This word in a deed creates a covenant. This word is a technical term, and it is synonymous with "contracted," McKisick v. McKisick, Meigs (Ten
See Agreed
A statement of facts, agreed on by the parties as true and correct, to be submitted to a court for a ruling on the law of the case. United States Trust Co. v. New Mexico, 183 U. S.
- Agreementdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A concord of understanding and intention, between two or more parties, with respect to the effect upon their relative rights and duties, of certain past or future facts or performa
Fr. In French marine law. To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1.
Fr. In French marine law. The rigging or tackle of a vessel. Ord. Mar. liv. 1, tit. 2, art 1; Id. tit 11, art 2; Id. liv. 3, tit. 1, art 11.
Arable lands in common fields.
A statutory lien in some states to secure money or supplies advanced to an agriculturist to be expended or employed in the making of a crop and attaching to that crop only. Clark v
The science or art of cultivating the ground, especially in fields or large areas, including the tlllage of the soil, the planting of seeds, the raising and harvesting of crops, an
In Roman law. Lands belonging to the state by right of conquest, and granted or sold in plots. Sandars, Just. Inst. (5th Ed.) 98. In modern civil law. Lands whose boundaries are st
In ancient customs, a fee, due from the vassals to their lord for sharpening their plowing tackle.
By or from an unwilling party. A transfer ab invito is a compulsory transfer.
In old European law. A kind of oath among the Bavarians. Spelman. In Saxon law. One bound by oath, q. d. "oath-tied." From ath, oath, and tied. Id.
- Aiddefined inCase LawU.S. CodeBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
v. To support, help or assist. This word must be distinguished from Its synonym "encourage," the differenco being that the former connotes active support and assistance, while the
In criminal law. That kind of connection with the commission of a crime which, at common law, rendered the person guilty as a principal in the second degree. It consisted in being
- Aid and Comfortdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Help; support; assistance; counsel; encouragement. As an element in the crime ot treason, the giving of "aid and comfort" to the enemy may consist in a mere attempt It is not essen
The wings or side aisles of a church. Blount
- Aider By Verdictdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The healing or remission, by a verdict rendered, of a detect or error in pleading which might have been objected to before verdict. The presumption of the proof of all facts necess
The king's tenant prays this, when rent is demanded of him by others.
- Aid Prayerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. A proccedmg formerly made use of, by way of petition in court, praying in aid of the tenant for life, etc., from the reversioner or remainder-man, when the tit
- Aidsdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
In feudal law, originally mere benevolences granted by a tenant to his lord, in times of distress; but at length the lords claimed them as of right. They were principally three: (1
I Fr. A grandfather. A writ which lieth where the grandfather was seised In his demesne as of fee of any lands or tenements in fee-simple the day that he died, and a stranger abate
A Norman French term signifying "grandmother." Kelhain.
In French feudal law. The right or privliege of the eldest born; primogeniture; esnecy. Guyot, Inst. Feud. c. 17.
That fluid transparent substance which surrounds our globe. Bank v. Ken-nett, 101 Mo. App. 370, 74 S. W. 474.
In old Scotch law. The court of the justices itinerant, corresponding with the English eyre, (q. vt) Skene de Verb. Sign, voc. Iter.
In old Scotch criminal law. Accessary; contriver and partner. 1 Pitc. Crim. Tr. pt. 1, p. 133 ; 3 How. State Tv. 601. Now written art and part, (q. v.)
In English law. A passage for the admission of air into a mine. To maliciously fill up, obstruct or damage, with intent to destroy, obstruct or render useless the air-way to any mi
- Aisiamentumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In old English law. An easement. Spelman.
In old English law, the eldest or first born.
In French law. The document pursuant to which an action or suit is commenced, equivalent to the writ of summons in England. Actions, however, are in some cases commenced by requite
In Spanish law. Paraphernalia. The jewels and furniture which a wife brings in marriage.
A tube, conical in form, intended to be applied to an aperture through which water passes, whereby the flow of the water is greatly increased. See Schuylkill Nav. Co. v. Moore, 2 W
In old English law. Of kin. "Next-a-kin." 7 Mod. 140.
L. Fr. At the; to the. AI barre; at the bar. Al huis d'esglise; at the church-door.
A manager and keeper of dogs for the sport of hawking; from alarms, a dog known to the ancients. A falconer. Blount.
The list of -persons liable to milltary watches, who were at the same time exempt from trainings and musters. See Prov. Laws 1775-76, c. 10, § 18; Const Mass. c. 11, § 1, art. 10;
Lat From the Bide, In connection with the succession to property, the term means "collateral." Bract fol. 20b. Also, sometimes, "without right" Id. fol. 42b. In ecclesiastical law,
In Spanish law. An executor or administrator; one who is charged with fulfilling and executing that which is directed by the testator in his testament or other last disposition. Em
- Alba Firmadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. White rent; rent payable in sliver or white money, as distinguished from that which was anciently paid in corn or provisions, called black mall or black rent. S
In old French law. The state of alienage; of being a foreigner or alien.
In old French law. A stranger, alien or foreigner.
In old French law. The state or condition of an alien or foreigner.
In old French law. The droit d'aubame in France, whereby the king, at an alien's death, was entitled to all his property, unless he had pecniiar exemption. Repealed by the French l
A blank writ; a writ with a blank or omission in it
The white book; an ancient book containing a compilation of the law and customs of the city of London. It has lately been reprinted by order of the master of the rolls.
In Spanish law. A duty of a certain per cent paid to the treasury on the sale or exchange of property.
- Alcaldedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The name of a Judicial officer in Spain, and in those countries which have received their laws and institutions from Spain. His functions somewhat resembled those of mayor in small
In medical jurisprudence. The pathological effect (as distinguished from physiological effect) of excessive indulgence in intoxicating liquors. It is acute when induced by excessiv
- Aldermandefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A judicial or administrative magistrate. Originally the word was synonymous with "elder," but was also used to designate an earl, and even a king. In English law. An associate. to
Alderman of a city or borough, from which the modem office or alderman has been derived. T. Raym. 435, 487.
The alderman of the county. According to Spelman, he held an office intermediate between that of an earl and a sheriff. According to other authorities, he was the same as the earl.
Alderman of a hundred or wapentake. Spelman.
Alderman of the king. So called, either because he received his appointment from the king or because he gave the judgment of the king in the premises allotted to him.
In Lat. An aider-man, q. v. —Aldermannns civitatis vel burgi. Alderman of a city or borough, from which the modem office or alderman has been derived. T. Raym. 435, 487. —Aldermann
Alderman of all England. An officer among the Anglo-Saxons, supposed by Spelman to be the same with the chief justiciary of England in later times. Spelman.
Lat. In the civil law. A game of chance or hazard. Dig. 11, 5, 1. See Cod. 3, 43. The chance of gain or loss in a contract
Lat. (From alea, q. v.) In the civll law. A gamester; one who plays at games of hazard. Dig. 11, 5; Cod. 3, 43.
A mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event. Civil Co.de L
In old English law. An officer appointed by the court-leet, sworn to look tO the assise and goodness of ale and beer within the precincts of the leet. Kitch. Courts, 46; Whishaw. A
A place where ale is sold to be drunk on the premises where sold.
L. Fr. In old prac-tico. To be dismissed from court; to go quit. Literally, "to go to God."
In old practice, a phrase used to indicate the final dismissal of a case from court without continuance. "To go without day."
A rent or tribute paid annually to the lord mayor of London, by those who sell ale within the liberty of the city.
A maypole or long stake driven into the ground, with a sign on it for the sale of ale. Cowell.
Fr. In French feudal law. An allodial estate, as distinguished from a feudal estate or benefice.
- Alfetdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A cauldron into which balling water was poured, in which a criminal plunged his arm up to the elbow, and there held it for some time, as an or deni. Du Cange.
Probably a corruption of Laganum maris, lagan being a right, in the middle ages, like jetsam and flotsam, by which goods thrown from a vessel in distress became the property of the
Span. In Spanish law. Property. White, Nov. Recop. hi 1, tit. 5, c. 3, § 4.
- Alia Enormiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Other wrongs. The name given to a general allegation of injuries caused by the defendant with which the plaintiff in an action of trespass under the common-law practice concluded h
A libsrty of passage, open way, water-course, etc., for the tenant's accommodation. Kltchin.
- Aliasdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Lat. Otherwise; at another time; in another manner; formerly. —Alias dictns. "Otherwise called." This phrase (or its shorter and more usual form, alias,) when placed between two na
"Otherwise called." This phrase (or its shorter and more usual form, alias,) when placed between two names in a pleading or other paper indicates that the same person is known by b
A second writ issued in the same cause, where a former writ of the Same kind has been issued without effect.
L. Lat. An officer who had charge of the libelli or petitions addressed to the sovereign. Calvin. A name sometimes given to a chancellor, (cancellarius,) in the early history of th