The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 866 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
- Sabbathdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
Commonly used for "Sunday." Though such use is incorrect, it is sanctioned by usage. See 64 N. C. 591.
Violation of penal laws regulating the observance of the Sabbath.
The Sabbath; also peace. Domesday Book.
A sect of lawyers whose first chief was Atteius Capito, and the second Caelius Sabinus, from whom they derived their name. Clef des Lois Rom.
The heraldic term for black. It is called "Saturn" by those who blazon by planets, and "diamond" by those who use the names of jewels. Engravers commonly represent it by numerous p
- Sacdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
or SAK (Law Lat. saca, sacha; from Saxon, sac, a cause, sake). In old English and Scotch law. The cognizance tenants. The privilege which a lord had, within his manor, of holding p
or SACABERE (from sac, cause, and hurth, pledge. He that is robbed and puts in surety to prosecute the felon with fresh suit. Britton, c. 15, 29; Bracton, lib. 3, c. 32; Cowell.
SACABURTH, or SACABERE. In old English law. He that is robbed and puts in surety to prosecute the felon with fresh suit.
In old English law. A service or tenure of finding a sack and a broach (pitcher) to the sovereign for the use of the army. Bracton, lib. 2, c. 16.
In maritime law. The name of an ancient officer, whose business was to load and unload vessels laden with salt, corn, or fish, to prevent the ship's crew defrauding tfte merchant b
In the Roman law. General legis actio, to which resort might be had failing a right to use any of the four shorter forms of action. SACRAMENTUM (Law Lat.) In Civil Law. A gage in m
In old English law. The oath of fealty. Reg. Orig. 303. SACRAMENTUIVI HABET IN SE TRES comltes, veritatem, justitiam et judicium; Veritas habenda est in jurato; justitia et justici
licet falsum, tamen non commlttit perjurlum. A foolish oath, though false, makes not perjury. 2 Inst. 167. SACRILEGE (from Lat. sacrilegium, from sacra, sacred things, or sacrum, s
A sexton, anciently called sagerson, or sagiston; the keeper of things belonging to divine worship.
A denomination of part of the county palatine of Durham. Camd. Brit.
An umpire, or arbitrator. Anc. Inst. Eng.
RES INter alios judicatas aliis non praejudicare. It has often been settled that matters adjudged between others ought not to prejudice those who were not parties. Dig. 42. 1. 63.
- Safe-Conductdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
A passport or permission from a neutral state to persons who are thus authorized to go and return in safety, and, sometimes, to carry away certain things in safety. According to co
- Safeguarddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A protection of the king to one who is a stranger, who fears violence from some of his subjects for seeking his right by course of law. Reg. Orig. 26.
- Safe-Pledgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
A surety given that a man shall appear upon a certain day. Bracton, lib. 4, c. 1. SAGES DE LA LEY (Law Fr.) Sages of the law; persons learned in the law. A term applied to the chan
Before mentioned. A word of reference to what has been already spoken of or specified. 172 111. 465. In contracts and pleadings it is usual and proper, when it is desired to speak
In Insurance law. To move, on the prosecution of a voyage; to make a movement for the purpose of proceeding to sea. Cowen, J., 3 Hill (N. Y.) 126; Lord Denman, C. J., 1 Cromp., M.
In maritime law. Written or printed directions, delivered by the commanding officer of a convoy to the several masters of the ships under his care, by which they are enabled to und
Seamen; mariners. See "Seaman."
COURT of. A writ of error formerly lay from the sheriff's courts in the city of London to the court of hustings, before the mayor, recorder, and sheriffs, and thence to justices ap
An elaborate form of noncommunistic socialism. It is a scheme which does not contemplate an equal, but an unequal, division of the produce. It does not propose that all should be o
In French law. An attachment of property in the possession of a third person.
In French law. A writ of execution by which the creditor places under the custody of the law the movables of his debtor, which are liable to seizure, in order that out of them he m
In French law. A permission given by the proper judicial officer Inhabits. Dalloz. It has the effect of an attachment of property, which is applied to the payment of the debt due.
In French law. A conservatory act of execution, by which the owner or principal lessor of a house or farm causes the furniture of the house or farm leased, and on which he has a li
In French law. A writ by which the creditor puts in the custody of the law the immovables of his debtor; that out of the proceeds of their sale he may be paid his demand. SAISINA (
In old EJngliah law. A lord's right of amercing his tenants in his court. Kielw. 145. Acquittance of suit at county courts and hundred courts. Fleta, lib. 1, c. 47, § 7.,
A tax imposed in England and France, in 1188, by Pope Innocent III., to raise a fund for the crusade undertaken by Richard I., of England, and Philip Augustus, of France, against S
- Saledefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
An agreement hy which one of two contracting parties, called the "seller," gives a thing and passes the title to it, in exchange for a certain price in current money, to the other
When goods are sent from a manufacturer or wholesale dealer to a retail trader, in the hope that he may purchase them, with the understanding that what he may choose to take he sha
A memorandum given by a broker to a seller or buyer of goods, stating the fact that certain goods have been sold by him on account of a perso;n called the "seller" to another perso
- Saloondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
The term does not necessarily jmply a place for the sale of intoxicants. 36 Tex. 364. But see 105 Mass. 40.
One penny paid at the feast day of St. Martin, by the tenants of some manors, as a commutation for the service of carrying their lord's salt from market to his larder. Par. Ant., 4
The safety of the people is the supreme object of the law. Bac. Max. oreg. 12; Broom, Leg. Max. 1; 13 Coke, 139, 196 111. 503. SALUS UBI MULTI CONSILIARtl. In many cotmsellors ther
- Salvagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In maritime law. A compensation given by the maritime law for service rendered in saving property or rescuing it from impending peril on the sea or wrecked on the coast of the sea,
In insurance. All those costs, expenses, and charges necessarily incurred in and about the saving and preservation of the property imperilled, and which, if the property be insured
That kind of loss which it is presumed would, but for certain services rendered and exertions made, have become a total loss. It also means, among underwriters and average adjuster
In maritime law. Any service rendered in saving property on the sea, or wrecked on the coast of the sea. Story, J., 1 Sumn. (U. S.) 210.
See "Interdlctum Salvianum." SALVO (Lat.) Saving; excepting; without prejudice tg. Salvo me et haeredibus meis, except me and my heirs. Salvo jure cujuslibet, without prejudice to
In maritime law. A person who saves property or rescues it from impending peril on the sea or when wrecked on the coast of the sea, or, in the United States, on a public navigable
The ordinary meaning of the word "same" is "identical;" "identical in substance or numerically;" "of one nature, degree or amount." 248 111. 166. "The same" generally refers to the
- Sampledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity, called the "bulk." A fair representation of the whole; a part shown as a specimen. 3
- Sanctiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
That part of a law which inflicts a penalty for its violation, or bestows a reward for its observance. Sanctions are of two kinds, — those which redress civil injuries, called "civ
- Sanctuarydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
A place of refuge, where the process of the law cannot be executed. Sanctuaries may be divided into religious and civil. The former were very common in Europe, — religious houses a
or SANCTUM (Lat. from sffl Mcire). In the civil law. That which is guarded and fenced round against injury (quod ab injuria hominum defensum atque munitum est).' Dig. 1. 8, pr. Der
A payment due to the lord of the manor of Rodley, in the county of Gloucester, for liberty granted to the tenants to dig sand for their common use. Cowell. SANE (Law Pr. and Eng.;
or MURREY. An heraldic term for "blood color," called, in the arms of princes, "dragon's tail," and, in those of lords, "sardonyx." It is a tincture of very infrequent occurrence,
A kind of punishment among the Greeks, inflicted by binding the malefactor fast to a piece of wood. Enc. Lend.
Pertaining to, or designed to secure, sanity or health; relating to the preservation of health. 133 111. 579.
In the English law bodies having jurisdiction over their respective districts in regard to sewerage, drainage, scavenging, the supply of water, the prevention of nuisances and offe
The state of a person who has a sound understanding; the reverse of insanity (g. V.)
The same as absque hoe (g. V.) SANS IMPEACHMENT DE WAST (Law Fr.) Without impeachment of waste. Litt. § 152. See "Absque Impetitione Vasti." SANS JOUR (L. Fr.) Without day. SANS NO
In old English law. A piece of woodland, turned into arable. Cowell. See "Assart." SARUM (Law Lat.) In old records. The city of Salisbury in England. Spelman.
In Scotch Jaw. The symbolical delivery of land, answering to the livery of seisin of the old English law. 4 Kent, Comm. 459.
The corruption of Saxons. A name of contempt formerly given to the English, while they affected to be called "Angles." They are still so called by the Wdsh. Apparently this corresp
In the civil law, to guaranty the obligation of a principal. SATISDATIO (Lat. satis, and dare). In civil law. Security given by a party to an action to pay what might be adjudged a
In English practice. An instrument of writing in which ■ it is declared that satisfaction is acknowledged between the plaintiff and defendant. It is signed by the attorney, and on
That which is sufficient to induce a belief that the thing is true; in other words, it is credible'evidence. 3 Bouv. Inst, note 3049.
Where a long term had been created in had not released to the f reehold&, and the lease had not provided for its own extinguishment on the purpose becoming satisfied, the estate so
A space of time from evensong on Saturday till sun rising on Monday, in which it was not lawful to take salmon in Scotland and the northern parts of England. Cowell. SAUNKEFIN (Law
(L. Fr.) Saving; knowing." Kelham.
To excuse. Termes de la Ley. SAVING THE STATUTE OF LIMITAtions. A creditor is said to "save the statute of limitations" when he saves or preserves his debt from being barred by the
In American law. Institutions for the safe custody and increase of the savings of the industrious poor, and persons of small means. They are banks to receive deposits of money, how
To partake of the nature of; to bear affinity to.
One of the old privileged places, or sanctuaries. 4 Steph. Comm. (7th Ed.) 227, note.
The law of the West Saxons. SC, or SOIL. An abbreviation for "scilicet," that is to say.
In old European law. The judges or assessors of the judges in the court held by the count. Assistants or associates of the count; officers under the count. The permanent selected j
A chequered cloth, resembling a chess board, which covered the table in the exchequer, and on which, when certain of the king's accounts were made up, the sums were marked and scor
The old way of paying money into the exchequer. Cowell.
In early American law. To adjust, graduate, or value according to a scale. "The ourt scaled the debt." Marshall, arg. <- Wash. (Va.) 5, 6. A term used after the establishment of Am
or SCALPING. See "Gambling Contract!" SCAMNUM (or SCANNUM) CADUCUM (Law Lat.) In old records. The cucking stool, or ducking stool. Cowell.
- Scandaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A scandalous verbal report or rumor respecting some person.
In equity pleading. Unnecessary matter criminatory of in the interrogatories to or answers by witnesses. Adams, Eq. 306. Matter which is relevant can never be scandalous (Story, Eq
SCHEVAGE, SCHEWAGE, or shewage. A kind of toll or custom, exacted by mayors, sheriffs, etc., of merchant strangers, for wares showed or offered for sale within their liberties. Pro
The officer who collected the scavage money. Cowell.
Seavoir. L. Fr. to know; knows. Kelham.
or SCAETTA (Saxon). A Saxon coin of less denomination than a shilling. Spelman.
SCHARN PENNY, or schorn penny. A small duty or compensation. Cowell.
In practice. When an instatement of the previous proceedings sent with it is termed the "schedule." 1 Saund. 309a, note 2. Schedules are also frequently annexed to answers in a cou
In English law, a scheme is a document containing provisions for regulating the management or distribution of property, or for making an arrangement between persons having conflict
Usury. Cowell.
A sheriff; the ancient name for an earl.
A tax paid to sheriffs for keeping the shire or county court. Cowell.
The name of an act passed in the reign of Queen Anne, which restrained Protestant dissenters from educating their own children, and forbade all tutors and schoolmasters to be prese
Science signifies knowledge, the knowledge of many. It springs from the recognition of the existence of general truths or laws, to which the relation of things and their operation
An abbreviation of scire facias, (q.v.) SCILICET (Lat. scire, to know, licet, it is permitted; you may know; translated by "to wit," in its old sense of "to know"). That is to say;
Any material evidence which, taken as true, would tend to establish the issue in the mind of a Juror. It has been stated that to' warrant the submission of a case to the jury "a me
You ought to know with whom you deal. 11 Mees. & W. 405, 632; 13 Mees. & W. 171. SCIRE FACIAS (Lat. that you make known). The name of a writ (and of the whole proceeding) founded o
In English law. The name of a writ formerly used to recover the amount of a judgment from an executor. The history of the.origin of the writ is as follows: When, on an execution de
NON HOC EST VERBA earum tenere, sed vim et potestatem. To know the laws is not to observe their mere words, but their force and power. Dig. 1. 3. 17.
REM RATIONE et per causam cognoscere. To know properly is to know a thing by its cause and in its reason. Co. Litt. 183.
The setting or standing of any place; the seat or situation of a capital messuage, or the ground on which it stood. Jacob.
- Scolddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
A woman who, by her habit of scolding, becomes a nuisance to the neighborhood, is called a "common scold." See "Common Scold."
Scolding is mere clamor, railing, personal reproof. 137 Wis. 506, 517.
AND LOT. In English law. The name of a customary contribution laid upon all the subjects according to their ability.