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
- Fundamusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
We found. One of the words by which a corporation may be created in England. 1 BL Comin. 473; 3 Steph. Comm. 173.
Lat. A founding or foundation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is sai
A founder, (q. v.)
- Fundi Patrimonialesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Lands of inheritance.
Pioneers. Jacob.
In the civil and old English law. Land; land or ground generally; land, without considering its specific use; land, including buildings generally; a farm.
Money expended in procuring the interment of a corpse,
Lat. In the civll law. Fungible things. See that title.
Movable goods which may be estimated and replaced according to weight, measure, and number. Things belonging to a class, which do not have to be dealt with in specie. Those things
lat. A thief. One who stole secretly or without force or weapons, as opposed to robbsr. —Fur manifestus. In the civil law. A manifest thief. A thief who is taken in the very act of
- Furandi Animusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Lat An intention of stealing.
- Furcadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A fork. A gallows or gibbet. Bract fol. 56. —Furca et flagellum. Gallows and whip. Tenure ad fwrcam et flagellum, tenure by gallows and whip. The meanest of ser
Gallows and whip. Tenure ad fwrcam et flagellum, tenure by gallows and whip. The meanest of servile tenures, where the bondman was at the disposal of his lord for life and limb. Co
Gallows and pit, or pit and gallows. A term used' in ancient charters to signify a jurisdiction of punishing thieves, viz., men by hanging, women by drowning. Spelman; Cowell.
A madman has no wlll. Dig. 50, 17, 40; Broom, Max. 314.
In Scotch law. Madness, as distinguished from fatnity or Idiocy.
Lat. An insane man; a madman; a lunatic.
A madman is the same with an absent person, [that le, his presenco is of no effort.] Dig. 50, 17, 24, 1.
A madman can contract nothing, [can inake no contract] Dig. 50, 17, 5.
A madman is punished by his madness alone; that is, he is not answerable or punishable for his actions. Co. Litt 247b; 4 Bl. Comm. 24, 396; Broom, Max. 15.
- Furiosus stipulare non potest nee allquid negotium agere, qui non intelligit quid agitdefined inBlack's (1910)
4 Coke, 126. A madman who knows not what he does cannot make a bargain, nor transact any business.
A furlong or a furrow one-eighth part of a mile long. Co. Litt. 5b.
A measure of length, being forty poles or one-eighth of a mile.
Leave of absence; especially, leave given to a military or naval officer or soldier or seaman, to be absent from service for a cortain time. Also the document granting leave of abs
In the civil law. A manifest thief. A thief who is taken in the very act of stealing.
See Fornagium; Four.
To supply; provide; provide for use. Delp v. Brewing Co., 123 Pa. 42, 15 Atl. 871; Wyatt v. Larimer & W. Irr. Co., 1 Colo. App. 480, 29 Pac. 906. As used in the liquor laws, "furni
This term includes that which fumlshes or with which anything ls furnished or supplied; whatever must be supplied to a house, a room or the like, to make it habitable, convenient o
- Furniture of a shipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
This term includes everything with which a ship requires to be furnished or equipped to make her seaworthy ; it comprehends all articles furnished by ship-chandlers, which are almo
Formerly an inn of chancory. See Inns of Chancert.
- Furor contrahi matrimonium non sinit, quia consensu opus estdefined inBallentine's (1916)Black's (1910)
Insanity prevents marriage from being contracted, because consent ls needed. Dig. 23, 2, 16, 2; 1 Ves. & B. 140; 1 Bl. Comm. 439; Wight-man v. Wightman. 4 Johns. Chi (N. Y.) 343, 3
In old English law. Time to advise or take counsel, Jacob.
In most of its uses in law, this term means additional, though occassionally it may mean any, future or other See London & S. F. Bank v. Parrott, 125 Cal. 472, 58 Pac. 164, 73 Am.
- Further advancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional security. Equity consider
In criminal law, furthering, helping forward, promotion or advancement of a criminal project or conspiracy. Powers v. Comm., 114 Ky. 237, 70 S. W. 652.
See Covenant.
In English practice, upon a motion for judgment or application for a new trial, the court may, if it shall be of opinion that it has not sufficient materials before it to enable it
A plea grounded upon some fact or facts which have arisen since the commencement of 'the suit, and which the defendant puts forward for the purpose of showing that the plaintiff sh
In old English law. Stealthily ; by stealth. Fleta, lib. 1, c. 38, § 3.
Lat. Theft. The fraudulent appropriation to one's self of the property of another, with an intention to cemmit theft without the consent of the owner. Fleta, 1. 1, c. 36; Bract, fo
In Roman law. The theft which was disclosed where, upon searching any one in the presence of wiinesses in due form, the thing stolen was discovered in his possession.
- Furtum est contrectatio rei alienee fraudulenta, cum animo furandi, invito illo domino cujus res illa fueratdefined inBlack's (1910)
3 Inst. 107. Theft is the fraudulent handling of another's property, with an intention of stealing, against the wlll of. the proprietor, whose property it was.
In Scotch law. An aggravated degree of theft, anciently punished with death It still remains an open point what amount of value raises the theft to this serious denomination. 1 Bro
Open theft Theft where a thief is caught with the property in his possession. Bract, fol. 150b.
3 Inst. 107. There is no theft where the foundation of the detention is bssed upon ownership of the thing.
In the civil law. Offered theft. Oblatum furtum dicitur cum re furtiva ab aliquo Ubi oblata sit, eaque opud te concepta sit. Theft is called "oblatum" when a thing stolen is offere
In old English law. A beating with sticks or clubs; one of the ancient kinds ofpunishment of malefactors. Bract fol. 104b, lib. 3, tr. 1, cl 6.
- Fustisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A staff, used in making livery of seisim Bract, fol. 40 A baton, club, or cudgel.
In Scotch law. A debt which is cheated, but which will not become due till a future day. 1 Bell, Comm. 815.
- Future Estatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
See Estate.
This term has grown out of those purely speculative transactions, in which there is a nominal contract of sale for future delivery, but where in fact none is ever intended or execu
Lat. Those who are to be. Part of the commencement of old deeds. "Sciant prœsentes et futuri, quod ego talis, dedi et concessi," etc., (Let all men now llving and to come know that
A Celtic word, meaning a wood or forest.
One of the fines incurred for homicide.
A bow-net for catching fish. Pub. Sfc Mass. 1882, p. 1291.
In old Scotch law. To defile; to declare foul or defiled. Hence, to find a prisoner guilty.
In old Scotch practice. Fyled; found guilty. See Fyle.
Sav. In Anglo-Saxon law. The mllitary array or land force of the whole country. Contribution to the fyrd was one of the imposis forming the trinoda necessitas. (Also spelled "ferd"
A summoning forth to join a military expedition; a summons to join the fyrd or army. —Fyrdsocne, (or fyrdsoken.) Exemption from military duty; exemption from service in the fyrd.
A fine imposed for neglecting to join the fyrd when summoned. Also a fine imposed fpr murder committed in the army; alao an acquittance of such fine.
In the Law French orthography, this letter is often substituted for the English W, particularly as an initial. Thus, "gage" for "wage," "garranty" for "warranty," "gast" for "waste
- Gabeldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
An excise; a tax on movables; a rent, custom or service. Co. Litt. 213. —Land gabel. See Land.
The Law Latin form of "gabel," (g. v.)
Persons who paid gabel, rent or tribute. Domesday; Cowell.
A rent; a tax. Domesday; Du Cange, The gable-end of a house. Cowell.
Rent paid in money. Seld. Tit. Hon. 321.
The payment of custom or tribute. Scott.
Property subject to the gaffoldglld or liable to be taxed. Scott.
Tbe same word as "gabel" or "gavel." Rent; tax; interest of money.
- Gagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
n. In old English law. A pawn or pledge; something deposited as security for the performance of some act or the payment of money, and to be forfeited on failure or non-performance.
Those held in vadio, or pledge. They are of two kinds: (1) Vivum vadium, or living pledge, or vifgage; (2) mortuum vadium, or dead pledge, better known as "mortgage."
In old English law. When he who has distrained, being sued, has not delivered the cattle distrained, then he shall not only avow the distress, but gager deliverance, i. e., put in
- Gager Del Leydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
Wager of law, (q. v.)
Profits; winnings; increment of value. Gray v. Darlington, 15 Wall. 65, 21 In Ed. 45; Thorn v. De Breteuil, 86 App. Div. 405, 83 N. Y. Supp. 849.
- Gainagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The gain or profit of tilled or planted land, raised by cultivating it; and the draught, plow, and furniture for carrying on the work of tillage by the baser kind of sokemen or vil
- Gainerydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Tillage or the profit arising from it or from the beasts employed therein.
In old English law. A soke-man; one who occupied or cultivated arable land. Old Nat. Brev. fol. 12.
A thick wood. Spelman.
The payment of a rent, tax, duty or annuity. A gale is the right to open and work a mine within the Hundred of St. Briavel's, or a stone quarry within the open lands of the Forest
In old records. A piratical vessel; a galley.
In old Scotch law. Amends or compensation for slaughter. Bell.
A kind of coin which, with suskins and doitkin's, was forbidden by St. 3 Hen. V. c. 1.
A cock-shoot or cock-glade.
A liquid measure, containing 231 cubic inches or four quarts. The imperial gallon contains about 277, and the ale gallon 282, cubic inches. Hollender v. Magone (C. C.) 38 Fed. 914;
- Gallowsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A scaffold; a beam laid over either one or two posts, from which malefactors are hanged.
In old European law. A stroke or blow. Spelman.
A child bom in lawful wedlock; also one born to betrothed but unmarried parents. Spelman.
To game or play at a game for money. Buckley v. O'Niel, 113 Mass. 193, 18 Am. Rep. 466. The word "gamble" is perhaps the most apt and substantial to convey the idea of unlawful pla
One who follows or practices games of chance or skill, with the expectation and purpose of thereby winning money or other property. Buckley v. O'Niel, 113 Mass. 193, 18 Am. Rep. 46
See Gaming.
A machine or contrivance of any kind for the playing of an unlawful game of chance or hazard. In re Lee Tong (D. Ct) 18 Fed. 257; State v. Hardin. 1 Kan. 477.
In life insurance. One issued to a person, as beneficiary, who has no pecuniary interest in the life insured Otherwise calied a "wager policy." Gambs v. Covenant Mut. Ins. Co.., 50
- Gamedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
1. Birds and beasts of a wild nature, obtained by fowling and hunting. Bacon, Abe, See Co.olidge v. Choate, 11 Mete. (Mass.) 79. The term is said to include (in England) hares, phe
Laws passed for the preservation of game. They usually forbid the killing of specified game during certain season 2. A sport or pastime, played with cards, dice, or other appliance
One in which the result, as to success or failure, depends less upon the skill and experience of the player than upon purely fortuitous or accidental circumstances, incidental to t
- Gamingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act or practice of playing games for stakes or wagers; gambling; the playing at any game of hazard. An agreement between two or more persons to play together at a game of chanc
See Wager.
In criminal law. Houses la which gambling is carried on as the business of the occupants, and which are frequented by persons for that purpose. They are nuisances, in the eyes of t
See that title.
In Spanish law. A species of community in property enjoyed by husband and wife, the property being divisible between them equally on a dissolution of the marriage. 1 Burge, Confl.