Black's Law Dictionary

A corporation authorized to transact the business of entering into contracts of guaranty and suretyship ; as, one which, for fixed premiums, becomes surety on judicial bonds, fidel

See Insurance.

A state of wardship.

A guardian is a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person, who, for so

A church-warden.

The warden of the stannaries or mines in Cornwall, etc.

A warden or conservator of the peace.

In English law. A person elected by the ratepayers of a parish to have the charge and management of the parish work-house or union. See 3 Steph. Comm. 203, 215.

The person to whom the spiritual jurisdiction of.any diocese is committed during the vacancy of the see.

The person to whose custody a vacant see or abbey was committed by the crown.

A magistrate who has the jurisdiction of the ports or havens which are calied the "Cinque Porte," (q. v.) This office was first created in England, in imitation of the Roman policy

The office, duty or authority of a guardian. Also the relation subsisting between guardian and ward. Shoecraft v. Bailey, 25 Iowa, 555; Beale v. Posey, 72 Ala. 331; Walling v. Pott

A guardian, warden or keeper. Spelman.

In Spanish law. A written authorization to a court to enforce the performance of an agreement in the same manner as if it had been decreed upon regular legal proccedings.

In old European law. A provision of necessary things. Spelman. A furnishing or garnishment.

One who had the custody of the royal mansions.

Lat. In Roman law. The pilot or steersman of a ship.

In military law. An independent body of marauders or armed men, not regularly or organically connected with the armies of either belligerent, who carry on a species of irregular wa

In Fr. Abandoned; left; deserted. Britt c. 33.

War. Spelman.

A traveler who lodges at an inn or tavern with the consent of the keeper. Bac. Abr. "Inns," C, 5; 8 Coke, 32; McDaniels v. Robinson, 26 Vt 316, 62 Am. Dee, 574; Johnson v. Reynolds

An agister; one who took cattle in to feed in the royal forests. Cowell.

In old French law. Watch. Ord. Man. liv. 4, tit. 6.

In Spanish law. A right of way for narrow carts. White, New Recop. 1. 2, c. 6, § 1. .

In old English law. That which was given for safe conduct through a strange territory or another's territory. Cowell. The office of guiding of travelers through dangerous and unkno

An iron or steel plate to be attached to a rail for the purpose of guiding to their place on the rali wheels thrown off the track. Pub. St. Mass. 1882, p. 1291.

The name of a treatise on maritime law, by an unknown author, supposed 'to have been written about 1671 at Rouen, and considered, in continental Europe, as a work of high authority

A voluntary association of persons pursuing the same trade, art, profession or business, such as printers, goldsmiths, wool merchants, etc., united under a distinct organization of

The hall or place of meeting of a gulid or glld. The place of meeting of a municipal corporation. 3 Steph. Comm. 173, note. The mercantile or commercial gilds of the Saxons are sup

The sittings held in the Guildhall of the city of London for city of London causes.

Rents payable to the crown by any guild, or such as formerly belonged to religious guilds, and came to the crown at the general dissolution of the monasteries. Tom-inis.

An instrument for decapitation, used in France for the infliction of the death penalty on convicted criminals, consisting, essentially, of a heavy and weighted knife-blade moving p

In criminal law. That quality which imparts criminality to a motive or act, and renders the person amenable to punishment by the law. That disposition to violate the law which has

Having committed a crime or tort; the word used by a prisoner in pleading to an indictment when he confesses the crime of which he is charged, and by the jury in convicting. Com. v

A coin formerly issued by the English mint, but all these coins were called in in the time of Wm. IV. The word now means only the sum of fl. Is., in which denomination the fees of

The first of August, being the day of St. Peter ad Vincula.

The heraldic name of the color Usually called "red." The word is derived from the Arabic word "gule," a rose, and was probably introduced by the Crusaders. -Gules is denoted in eng

Lab Properly a whirlpool, but in old English law and 'conveyancing, a deep pit filled with water, distinguished from "stagnum," which was a shallow pool or pond. Co. Litt 5; Johnso

Wears. Jacob.

Jutes; one of the three nations who migrated from Germany to Britain at an early period. According to Spelman, they established themselves chiefly in Kent and the Isle of Wight.

The diminutive of a sewer. Callis, Sew. (80,) 100. In modern law, an open ditch or cenduit designed to allow the passage of water from one point to another in a certain direction,

Maid's fee. A British word signifying a customary fine payable to lords of some manors on marriage of the tenant's daughters or otherwise on their cemmitting incontinence. Cowell.

A place of execution. JaCob.

Waif or waived; that which has bcen stolen and afterwards dropped in the highway for fear of a discovery. Cowell.

Uncompensated, unpaid for, unavenged. From the participle of exclusion, o, œ or ex, (Goth.,) and gild, payment, requital. Anc. Inst. Eng.

The name of a court which was held every three weeks in the liberty or hundred of Pathbew in Warwick. Jacob.

Sax. Compensation for fraud or trespass. Cowell.

Government by a woman; a state in which women are legally capable of the supreme command; e. g., in Great Britain and Spain.

Wandering monks.

Fetters or shackles for the legs.

This letter, as an abbreviation, stands for Henry (a king of that name) in the citation of English statutes. In the Year Books, it is used as an abbreviation for Hilary term. In ta

An abbreviation for hoc anno, this year, in this year.

A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrain them of their lands and goods, in order to insure or compel their attendance in cour

Lat. (You have the body.) The name given to a variety of writs, (of which these were anciently the emphatic words,) having for their object to bring a party before a court or judge

The English statute of 31 Car. II. c. 2, is the original and prominent habeas corpus act. It was amended and supplemented by St. 56 Geo. III. c. 100. And similar statutes have been

A writ which is issued to remove, for trini, a person confined in one county to the county or place where the offense of which he is accused was committed. Bac. Abr. "Habeas Oorpus

A writ issuing in civil cases to remove the cause, as also the body of the defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. It is

A writ which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was committed. 3 Bl. Comm. 130.

A writ which is usually employed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the l

In English practice. A writ which issues when a prisoner has bad judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge

A writ directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the day and cause of his caption and detention,

A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sheriff to have his body before the court, to testify in the cause. 3 Bl. Comm. 1

(You have the body, with the cause.) Another name for the writ of habeas corpus ad. faciendum et recipiendum, (q. v.) 1 Tidd, Pr. 348, 349.

1 Phil. Ev. 307. We have the best witness,—a confessing defendant "What is taken pro confesso is taken as indubitable truth. The plea of guilty by the party accused shuts out ali f

Lat. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoye

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract, fol. 17b.

In old English law. Rich men; literally, having men. The same with fœsting-men, (q. v.) Cowell.

Riches. Mon. Angl. t. 1, 100

Lat. A form of the salutatory expression "Ave," (hail,) in the titles of the constitutions of the Theodosian and Justinianean Codes. Calvin; Spelman.

Lat In the civil law. To have. Sometimes distinguished from tenere, (to hold,) and possidere, (to possess;) habere referring to the right, tenere to the fact, and possidere to both

Lat. That you cause to have possession. The name of the process commonly resorted to by the successfui party in an action of ejectment, for the purpose of being placed by the sheri

L. Lat. That you cause to have seisin. The writ of execution in real actions, directing the sheriff to cause the demandant to have seisin of the lands recovered. It was the proper

Lat. In Roman law. To allow [one] to have [possession.] This phrase denoted the duty of the seller of property to allow the purchaser to have the possession and enjoyment. For a br

A cloth of a mixed color. Magna Charta, c. 26.

Lat Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calvin.

Lat. Fit; suitable; active; useful, (of a servant) Proved; authentic, (of Book of Saints.) Fixed; stable, (of authority of the king.) Du Cange.

A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Knickerbocker L. Ins. Co, v. Foley, 105 U. S. 354, 26 L. Ed. 10

A covenant by a lessee to "put the premises into habitable repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comf

Settled dwelling in a given place; fixed and permanent residence there. This term is more comprehensive than "domicile," for one may be domiciled in a given place though he does no

By the law of Scotland, marriage may be established by "habit and repute" where the parties cohabit and are at the same time held and reputed as man and wife. See Bell. The same ru

Fr. In French and Canadian law. A resident tenant; a settler; a tenant who kept hearth and home on the seigniory.

Lat. In the civil law. The right of dwelling; the right of free residence in another's house. Inst. 2, 5; Dig. 7, 8.

In the civil law. The right of a person to live in the house of another without prejudice to the property. It differed from a usufruct, in this: that the usufructuary might apply t

By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice se convicted) or who is convicted of a misdemeanor and has p

The statute 32 & 33 Viet. c. 99. By this act power was given to apprehend on suspicion convicted persons holding license under the penal servitude acts, 1853, 1857, and 1864. The a

A person given to ebriety or the excessive use of intoxicating drink, who has lost the power or the will, by frequent indulgence, to control his appetite for it. Ludwick v. Co.m.,

L. Fr. In old English law. A port or harbor; a station for ships. Sti 27 Hen. VI. c. 3.

In Spanish law. The public domain; the royal estate; the aggregate wealth of the state. The scienco of administering the national wealth; public economy. Alse an estate or farm bel

Carriages plying for hire in the street. The driver is liable for negligently losing baggage. Mas-terson v. Short, 33 How. Prae. (N. Y.) 486.

In the civil law. An heir to the whole estate; a sole heir. Inst. 2, 23, 9. —Hœres extranens. In the civil law. A strange or foreign heir; one who was not subject to the power of t

In Saxon law. A recompense or satisfaction for the violation of holy orders or violence offered to persons in holy orders. Cowell; Blount.

In Hindu law. A boundary or limit. A statutory punishment defined by law, and not arbitrary. Mozley & Whitley.

In old English law. Hatred; ili will; prejudice or partiality. Spelman; Cowell.

In old English law. A tax or mulct. Jacob.

God makes the heir, not man. Co.. Litt. 7b.

More remote heirs. The kinsmen other than children or descendants

By the title of heirs, come the heirs of heirs to infinity. Co.. Litt 9.

A testamentary heir; one appointed by the will of the decedent. —Hœres legitimus. A lawful heir; one pointed out as such by the marriage of his parents.

In the civil law. An heir bom; one bom heir, as distinguished from one made heir, (hœres factus, q v ;) an heir at law, or by intestacy, (ab intestato;) the next of kin by blood, i

A haven or port Cowell. —Hafne courts. Haven courts; courts anciently held in certain ports in England. Spelman.