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
Special things take from generals. Halk. Lat. Max. 51.
The statute 41 Geo. III. c. 109, which consolidates a number of regulations as to the inclosure of common fields and waste lands.
An intention, purpose, or design, either without specific plan or particular object, or without reference to such plan or object 2. Meaning; purpose; signification; intendment; app
In speaking of matters of public and general interest, the terms "public" and "general" are sometimes used as synonyms. But in regard to the admissibility of hearsay evidence, a di
- Generalis clausula non porrigitur ad ea quæ autea specialiter sunt comprehensadefined inBlack's (1910)
A general clause does not extend to those things which are previously provided for specially. 8 Coke, 154b. Therefore, where a deed at the first contains special words, and afterwa
A general rule is to be understood generally. 6 Coke, 65.
Such as extends to all controversies that may be brought before a court within the legal bounds of rights and remedies; as opposed to special or limited jurisdiction, which covers
In the United States, one of the bureaus of the interior department, which has charge of the survey, sale, granting of patents, and other matters relating to the public lands. As t
A general law as contradistinguished from one that is special or local, is a law that embraces a class of subjects or places, and does not omit any subject or place naturally belon
A pecuniary legacy, payable out of the general assets of a testator. 2 Bl. Comm. 512; Ward, Leg. 1, 16. One so given as not to amount to a bequest of a particular thing or particul
General malice is wickedness, a disposition to do wrong, a "black and diabolical heart, regardless of socini duty and fatally bent on mischief." Neal v. Nelson. 117 N. C. 393, 23 S
A meeting of ali the stockholders of a corporation, all the creditors of a bankrupt, etc. In re Bonnaffe, 23 N. Y. 177; Mutual F. Ins. Co. v. Farqu-har, 86 Md. 668, 39 Atl. 527.
In civil law and admiralty practice. A monition or summons to all parties in interest to appear and show cause against the decree prayed for.
Mortgages are sometimes classified as general and special, a mortgage of the former class being one which binds all property, present and future, of the debtor (sometimes calied a
One which prevails generally throughout the country, or is followed generally by a given profession or trade, and is not local in its nature or observance.
At common law where a man was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation
Orders or rules of court, promulgated for the guidance of practitioners and the regniation of procedure in general, or in some general branch of its jurisdiction ; as opposed to a
The general owner of a thing is he who has the primary or residuary title to it; as distinguished from a special owner, who has a special interest in the same thing, amounting to a
Dementia paralytica or paresis. Amentia, dementia, and mania. The classification of insanity into these three types or forms, though once common, has of late given way to a more sc
One granted to all the persons participating in a given criminal or treasonable offense (generally political), or to ali offenders of a given class or against a certain statute or
A partnership in which the parties carry on all their trade and business, whatever it may be, for the joint benefit and profit of all the parties concerned, whether the capital sto
The right and property in a thing enjoyed by the general owner. See OWNER.
A general retainer of an attorney or solicitor "merely gives a right to expect professional service when requested, but none which is not requested. It binds the person retained no
The day for the general return of all writs of summons, subpoena, etc., running to a particular term of the court.
General or standing others of a court, in relation to practice, etc.
A. court of record, in England, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peace and certain stafutes. Genera
- General shipdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Where a ship is not chartered wholly to one person, but the owner offers her generally to carry the goods of ali comers, or where, if chartered to one person, he offers her to seve
Chiefs of the several orders of monks, friars, and other religious societies.
A statute relating to the whole community, or concerning nil persons generally, as distinguished from a private or special statute. 1 Bl. Comm. 85, 86 ; 4 Coke, 75a.
A tenancy which is not fixed and made certain in point of duration by the agreement of the parties. Brown v. Bragg, 22 Ind. 122,
A phrase used In some jurisdictions to denote the ordinary session of a court, for the trial and determination of causes, as distinguished from a special term, for the hearing of m
One preceded by a general inducement, and denying in general terms all that is last before alleged on the opposite side, instead of pursuing the words of the allegations which it d
- General verdictdefined inCase LawBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A verdict whereby the jury find either for the plaintiff or for the defendant in general terms; the ordinary form of a verdict Glenn v. Sumner, 132 U. S. 152 , 10 Sup. CL 41, 33 In
A process which formerly issued from the state secretary's office in England to take up (without naming any persons) the author, printer, and publisher of such obscene and seditiou
The name of a covenant of warranty inserted in deeds, by which the grantor binds himself, his heirs, etc., to "warrant and forever defend" to the grantee, hls heirs, etc., the titl
The issue or offspring of a mother-mopastery. Cowell.
May mean either a degree of removal in computing descents or a single succession of living beings in natural descent McMillan v. School Committee, 107 N. C. 609, 12 S. E. 330, 10 I
Gentlewoman. Cowell; 2 Inst. 668.
The son of a gentleman. Generally abbreviated "gen. fii."
- Generosusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. Gentleman; a gentleman. Spelman. —Generosa. Gentlewoman. Cowell; 2 Inst. 668. —Generosi filius. The son of a gentleman. Generally abbreviated "gen. fii."
A degree of consanguinity. Spelman.
LatIn Roman law. A tribe or clan; a group of families, connected by common descent and bearing the same name, being all free-born and of free ancestors, and in possession of full c
Lat. Pcople. Contra omnes gentes, against all people. Bract, fol. 37b. Words used in the clause of warranty in old deeds.
In Roman law. The members of a gens or common tribe.
- Gentlemandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In English law. A person of superior birth. Under the denomination of "gentlemen" an comprised all above yeoman; whereby noMemen are truly called "gentlemen." Smith de Rep. Ang. li
One who holds a post at court to usher others to the presence, etc.
In England, the title of a chief officer of the king, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries.
- Gentlewomandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A woman of birth above the common or equal to that of a gentleman; an addition of a woman's state or degree.
See Hindu Law.
- Genuinedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)
As applied to notes, bonds, and other written instruments, this term means that they are truly what they purport to be, and that they are not false, forged, fictitious, simulated,
- Genusdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
In the civil law. A general class or division, comprising several species. In toto jure generi per speciem derogatur, et illud potissimum habetur quod ad speciem directum est, thro
An English gold coin, value 6s. 8d.
In old New York law. A court messenger or constable. O'Callaghan, New Netm 322.
- Gerefadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In Saxon law. Greve, reve or reeve; a ministerial officer of high antiquity in England; answering to the grave or graf (grafio) of the early continental nations. The term was appli
Bearing. Gerens datum, bearing date. 1 Ld. Raym. 336; Hob. 19.
- Germandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Whole, full or own, in respect to relationship or descent. Brothersgerman, as opposed to half-brothers, are those who have both the same father and mother. Cousins-german are "firs
Lat Descended of the same stock or from the same couple of ancestors; of the whole or full blood. Mackeld. Rom. Law, § 145.
Lat A sprout of the earth. A young tree, se called.
In the civil law. Officers appointed to manage hospitals for the aged poor.
In the civil law. An institution or hospital for taking care of the old. Cod. 1, 3, 46, 1; Calvin.
A name given to the process of dividing a state or other territory into the authorized civil or political divisions, but with such a geographical arrangement as to accomplish a sin
In old English law. Finable; liable to be amerced at the discretion of the lord of a manor. Cowell.
In old English law. Expense; reward; compensation; wealth. It is also used for a fine or compensation for an offense. 2 Mon. Angl. 973.
In Saxon law. A guest. A name given to a stranger on the second night of his entertainment in another's house. Twa-n4ght gest.
In medical jurisprudence. The time during which a female, who has conceived, carries the embryo or fœtus in her uterus.
In the civil law. Behavior or conduct. Management or transaction. Negotiorum gestio, the doing of another's business; an interference in the affairs of another in his absence, from
Behavior as heir. This expression was used in the Roman law, and adopted in the civil law and Scotch law, to denote conduct on the part of a person appointed heir to a deceased per
- Gestordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civil law. One who acts for another or transacte another's business. Calvin.
An ancient and obsolete writ resorted to when a person's good bshavior was impeached. Lamb. Eir. 1. 4, c. 14.
Lat. In Roman law. A deed or act; a thing done. Some writers affected to make a distinction between "gestum" and "factum." But the best authorities pronounced this subtile and Inde
In old Scotch law. Gaolers. 1 Pitc. Crim. Tr. pt. 2, p. 234.
In Saxon law. The ancient convention of the pcople to decide a cause.
In Saxon and old English law. The giving of evidence.
- Gewritedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
In Saxon law. Deeds or charters; writings. 1 Reeve, Eng. Law, 10.
A gallows; the post on which malefactors are hanged or on which their bodies are exposed. It differs from a common gallows, in that it consists of one perpendicular post, from the
Lynch law; in particular a custom anciently prevailing in the parish of Hallfax, England, by which the free burghers held a summary trial of any one accused of petit larceny, and,
- Giftdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A voluntary conveyance of land or transfer of goods, from one person to another, made gratuitously, and not upon any consideration of blood or money. 2 Bl. Comin. 440 ; 2 Steph. Co
The stream of water to a mill. Mon. Angl. tom. 3.
- Gift enterprisedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A scheme for the division or distribution of certain articles of property, to be determined by chance, among those iyho have taken shares in the scheme. The phrase has attained suc
In Swedish law. The right to dispose of a woman in marriage; or the person possessing such right,—her father, if living, or, if he be dead, the mother.
- Gilddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In Saxon law. A tax or tribute. Spelman. A fine, mulct, or amerciament; a satisfaction or compensation for an injury. A fraternity, society, or company of persens combined together
In old English law. Taxable, tributary or contributory; liable to pay tax or tribute. Cowell; Blount
A gild merchant or merchant glld; a gild, corporation or company of merchants. 10 Coke, 30.
see Guildhall. —Gild-rent. certain payments to the crown from any Gild or fraternity.
In Saxon law. Members of a gild or decennary. Oftener spelled "con-gildo." Du Cange; Spelman.
certain payments to the crown from any Gild or fraternity.
L. Fr. A cheat or deceiver. Applied in Britton to those who sold false or spurious things for good, as pewter for sll-ver or laten for gold. Britt, c. 15.
An Italian word, which signifies the drawer of a bill. It is derived from "girare," to draw.
In Saxon and old English law. A measure of length, equal to one yard, derived from the girth or circumferenco of a man's body.
In old Scotch law. An asylum given to murderers, where the murder was committed without any previous design, and in cha,ude mella, or heat of passion. Bell.
L. Fr. Agistment; cattle taken in to graze at a certain price; also the money received for grazing cattle.
L. Fr. To lie. Gist en le touche, it lies in the mouth. Le action bten gist, the action well lies. Gisant, lying.
An agister; a person who takes cattle to graze.
In Saxon law. A pledge. Fred-gisle, a pledge of peace. Qislehert, an lllus-trious pledge.
In pleading. The essential ground or object of the action in point of law, without which there would be no cause of action. Gould, PI. c. 4. § 12; Hathaway v. Rice, 19 Vt. 102. The
- Givedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
1. To transfer or yield to or bestow upon, another. One of the operative words in deeds of conveyance of real property, importing at common law, a warranty or covenant for quiet en
These words, in a will, import a benefit in point of right, to take effect upon the decease of the testator and proof of the will, unless it is made in terms to depend upon some co
To furnish or put in bail or security for one's appearance
To admit an apparent or colorable right in the opposite party. See Color.
To render, pronounce, or declare the judgment of the court in an action at law; not spoken of a judgment obtained by confession. Schuster v. Rader, 13 Colo. 329, 22 Pac. 505.