The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 209 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
A place which is empty. As applied to official position, has reference to an office that is unoccupied, one without an incumbent; an office not filled. 107 Ark. 386; 155 S. W. 502;
Vacant means empty of everything but air, wherefore a house full of furniture, clothing, etc., left in charge of servants, is not vacant. 153 111. App. 33, i 249a.
A term applied to an estate which has been abandoned by the tenant. The abandonment must be comthe premises, it Will not be so considared. 2 Chit. 177; 2 Strange, 1064; Buller, N.
An inheritance for which the heirs are unknown. VACANTIA BONA (Lat.) In civil law. Goods without an owner. Such goods escheat.
To annul; to render an act void; as, to vacate an entry which has been made on a record when the court has been imposed upon by fraud, or taken by surprise. VACATIO (Lat.) In the c
- Vacationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
That period of time between the end of one term and beg^inning of another. During vacation, rules and orders are made in such cases as are urgent, by a judge at his chambers. VACAT
The vacant possession, i. e., free and unburdened possession, which, (e. g.) a vendor had and has to give to a purchaser of lands.
In old English law. A servant; a ministerial officer. Cowell.
In the civil law, pledges; sureties; bail; security for the appearance of a defendant or accused person in court. Calv. Lex.
To wage combat. Where two contending parties, on a challenge, give and take a mutual pledge of fighting. Cowell. VADIARE LEGEM (L. Lat) In old English law. To wage law; to give gag
Lat. (L. Fr. gager). In old English law. Wager. VADIMONIUM (Lat) In the Roman law. Bail or security; the giving of bail for appearance in court; a recognizance. Calv. Lex. VADIUM M
To take ball or pledges for a defendant's appearance. VADIUM VIVUM (Lat.) A species of security by which the borrower of a sum of money made over his estate to the lender until he
In old English law. The king's eldest son; hence the valet or knave follows the king and queen in a pack of cards. Barr. Obs. St. 344. VAGABOND (Fr. and Eng.; from Lat. vagabundus,
Vagrancy Is distinguished from disorderly conduct and breaches of the peace, and includes only such cases of vagabondage as are known to the common law; and its statutory definitio
In English law. St 5 Geo. IV. c. 83, which is an act for the punishment of idle and disorderly persons. 2 Chit. St. 145.
Uncertainty. Certainty is required in contracts, wills, pleadings, judgments, and, indeed, in all the acts on which courts have to give a judgment, and if they be vague so as not t
In Spanish law. A promissory note. White, New Recop. bk. 3, tit. 7, c. 5, §3.
- Valeat Quantum Valere Potestdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)
It shall have effect as far as it can have effect. Cowp. 600; 4 Kent, Comm. 493; Shep. Touch. 87.
In old English law. The proving by the kindred of the slain, one on the father's side, and another on that of the mother, that a man was a Welshman. VALID (Lat. validus). Strong; e
Freedom from vices of substance; effectiveness in point of law. It is broader than "form" or "requisites," as they are often applied; "form" signifying only regularity or technical
An equivalent in money or value for a thing purchased. See "Consideration."
The act of ascertaining the worth of a thing. The estimated worth of a thing. It differs from "price,"_ which does not- always afford a true criterion of value; for a thing. may be
In Pennsylvania, the assessors who estimate the value of property for taxation.
- Valuedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
The utility of an object. The price demanded or accepted as equivalent to the utility of anything. 161 111. 251; 154 111. 662. The worth of an object in purchasing other goods. The
- Valued Policydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A valued policy is one where the value has been set on the ship or goods insured, and this value has been inserted in the policy in the nature of liquidated damages, to save the ne
A phrase usually employed in a bill of exchange or promissory note, to denote that a consideration has been given for it. The expression value received, when put in a bill of excha
or VIDAMES. An obsolete title of dignity next to a peer. 2 Inst. 667; 2 Steph. Comm. (7th Ed.) 612. VANA EST ILLA POTENTIA QUAE nunquam venit in actum. Vain is that power which is
qui non cadunt in constantem virum. Vain are those fears which affect not a firm man. 7 Coke, 27. VANI TIIVIORIS JUSTA EXCUSATIO non est. A frivolous fear is not a legal excuse. Di
In old Scotch law. Ward; custody; guardianship. Answering to "warda," in old English law. Spelman. It had also the sense of "award." Skene de Verb. Sign.
- Variancedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In pleading and practice. A disagreement or difference^ between two parts of the same legal proceeding which ought to agree together. Variances are between the writ and the declara
- Vassaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In feudal law. The name given to the holder of a fief bound to perform feudal service. This word was then always correlative to that of "lord," entitled to such service. The vassal
The tenure or holding of a vassal. Cowell. VASTITAS (Law Lat. from vastum, q. v.) In old English law. A waste. Fleta, lib. 4, c. 22, § 6. VASTUM (Law Lat.) Waste; a waste or common
Sorcery; witchcraft; the profession of the Vaudois. 3 Hallam, Mid. Ages, c. ix., pt. 2, p. 386, note. VAVASOR or VAVASOUR (Law Lat.) In old English law. The vassal or tenant of a b
The lands that a vavasour held. Cowell. VECTIGAL (Lat. from vehere, to carry). In the civil law. A custom or impost upon goods brought into or carried out of a state (quod pro rebu
ORIGINE IPSA, JUS CAESARUM et regum patrimoniale est. Tribute, in its origin, is the patrimonial right of emperors and kings. Dav. 12.
Fines paid to the crown to defray the expenses of maintaining courts of justice. 3 Salk. 38.
See "Fehmgerichte." VEIES (Law Fr.) Distresses forbidden to be replevied; the refusing to let the owner have his cattle which were distrained. Kelham.
An obsolete word, which signified viewers or experts.
In 6Id English law, a toll booth. Cro. Jac. 122. VELITIS JUBEATIS QUIRITES7 (Lat.) Is it your will and pleasure, Romans? The form of proposing a law to the Roman people. Tayl. Civ.
The office of dog leader or courser. Cowell. ■
Beasts caught in the woods by hunting. VENATIO (Law Lat. from venari, to hunt). In old English law. The chase or hunt. Cowell.
To sell a chattel. As commonly used, it suggests an offering for sale to any buyer.
- Vendeedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
A purchaser; a buyer. VENDENS EANDEM REM DUOBUS fallarius est. He Is fraudulent who sells the same thing twice. Jenk. Cent. Cas. 107.
Capable of being sold; salaable., VENDICARE (Lat.) In the civil and old English law. To claim a thing as one's own; to assert a right to a thing. To take a thing as one's own. Calv
In old European law. A tax on things sold in markets and fairs. Spelman. VENDITIO (Lat.) In the civil law. In a strict sense, sale; the act of selling; the contract of sale, otherw
A sale; the act of selling. VENDITIONI EXPONAS (Lat. that you expose to sale). In practice. The name of a writ of execution, directed to the sheriff, commanding him to sell goods o
- Vendordefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
The seller; one tfho disposes of a thing in «»nsideration of money. Generally applied only to the seller of realty.
- Vendor's Liendefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)
An equitable lien or implied agreement in favor of the vendor of land sold for the purchase money, 175 111. 441, where the deed expresses, contrary to the fact, that the purchase m
A public auction.
An auctioneer.
In the civil law. The privilege of age. A privilege granted by a prince or sovereign, in virtue of which a person is entitled to act, sui juris, as if he were of full age. Calv. Le
A writ to summon a person, against whom an indictment for a misdemeanor has been found, to appear and be arraigned for the offense. A justice's warrant is now more commonly used. A
A ■writ to summon a jury of matrons to execute the writ de ventre inspiciendo (q. v.)
A juror summoned by venire, VENIT ET DEFENDIT (Law Lat.) In old pleading. Comes and defends. The proper words of appearance and defense in an action. 1 Ld. Raym. 177. Venit et defe
In old pleading. Comes and says. Y. B. M. 1 Edw. II. 2. 2 Salk. 544. VENKU (L. Ft.) In old English law. Vanquished; overcome in judicial combat.
In French law. A sale made, reserving a right to the seller to repurchase the property sold by returning the price paid for it. The term is used in Canada and Louisiana. The time d
- Venterdefined inCyclopedic (1922)Bouvier (1914)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
or VENTRE (Lat. the belly). The wife (so applied in matters relating to child bearing). For example, a man has three children by the first and one by the second venter. A child is
An ancient manner of spelling vrai, true. In the English law there are three kinds of tenants, — veray, or true tenant, who is one who holds in fee simple; tenant by the manner (q.
verba cum effectu sunt acciplenda. Words are to be taken so as to have effect, w Bac. Max. reg. 3, p. 47. See 1 Duer, Ins. 210, 211, 216.
Terms of art
Words of the chancery. The technical style of writs framed in the of Bce of chancery. Fleta, lib. 4, c. 10, § 8. VERBA CHARTARUM FORTIUS ACCIPIuntur contra proferentem. The words o
TEMPus solutionis designant. The words "current money" refer to the time of pajrment Dav. 20. VERBA DEBENT INTELLIGI CUM EFfectu. Words should be understood effectively. 2 Johns. C
INTELLIgi debent de conditione personae. Words spoken of the person are to be understood of the condition of the person. 2 Ro Ue, 72. VERBA FORTIUS ACCIPIUNTUR CONtra proferentem.
ET NON E CONtra, debent Inservire. Words ought to wait
UT res magis valeat quam pereat. Words are to be so understood that the subject matter may be preserved rather than destroyed. Bac. Max. reg. 3; Plowd. 156; 2 Bl. Comm. 380; 2 Kent
- Verbaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
Parol; by word of mouth; as, verbal agreement; verbal evidence. Sometimes incorrectly used for "oral."
lu diplomatic language, a memorandum or note not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance of an urgency which perha
- Verbal Processdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In Louisiana. A written account of any proceeding or operation required by law, signed by the person commissioned to perform the duty, and attested by the signature of witnesses. S
SI PER communem usum loquendi In Intellectu certo sumuntur, talis intellectus praeferendus est. When words are merely equivocal, if by common usage of speech they acquire a certain
QUAM causa et natura rei, ut mens contrahentium ex els potlus quam ex verbis appareat. Words are not to be looked at so much as the cause and nature of the thing, since the intenti
IMO AB eisi recedere licet, ut verba ad sanum intellectum reducantur. You may disagree with words, nay, you may recede from them, in order that they may be reduced to a sensible me
AD aptitudinem restringuntur, etiamsl nullam e.i to harmonize with the subject matter), though they would bear no other restriction. Spiegelius. VERBA RELATA HOC MAXIME OPERantur p
Words are indications of the intention. Latch, 106.
(Lat.) In old English law. Blows; beatings. Fleta, lib. 2, c. 53, § 1. VERBIS STANDUM UBI NULLA AMBIguitas.^ One must abide by the words where there is no ambiguity. Tray. Lat. Max
- Verdictdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
The expression of the concurrence of individual judgments, rather than the product of mixed thoughts. 17 Kan. 462; 20 Ann. Cas. 880. In practice. The unanimous decision made by a j
QUASI DICTUM VERItatis; ut Judicium, quasi Juris dictum. A verdict is, as it were, the saying of the truth, in the same manner that a judgment is the saying of the law. Co. Litt. 2
"At common law, the coroner of the county had no jurisdiction within the compass of the king's court, which bounds the jurisdiction of the lord high steward of the household, and c
In Saxon law. A mulct or fine for a crime. See "Wergild." VERGENS AD INOPIAM (Law Lat.) In Scotch law. Verging towards poverty; in declining circumstances. 2 Karnes, Eq. 8.
In English law. Officers who carry white wands before the justices of either bench. Cowell. Mentioned in Fleta as officers of the king's court, who oppressed VERIFICATION (Lat. ver
A QUOCUNQUE DICITUR, A Deo est. Truth, by whomsoever pronounced, is from God. 4 Inst. 153. VERITAS DEMONSTRATIONIS TOLLIT errorem nominis. The truth of the description removes the
QUAE MINIME DEFENSAtur opprimitur; et qui non improbat, approbat. Truth which is not sufi Bciently defended is overpowered; and he who does not disapprove, approves. 3 Inst. 27. VE
The quality of being very true or real. Webster. Complete and absolute truth. The record of a court of record is said to import verity. VERS (Law Fr.; from Law Lat. versus, q. V.)
- Vertdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
Everything bearing green leaves in a forest. Bac. Abr. "Courts of the Forest;" Manw. For. Law, 146.
An immediate lord and tenant. Blount.
- Vestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
To give an immediate fixed right of present or future enjoyment; to give a legal or an equitable seisin. 246 Pa. St. 348; Ann. Cas. 1916D 573. An estate is vested in possession whe
A legal term applied to a present fixed right of future enjoyment; as reversions, vested remainders, such executory devises, future uses, conditional limitations, and other future
An existing right of present enjoyment.
A legacy is said to be vested when the words of the testator making the bequest convey a transmissible interest, whether present or future, to the legatee in the legacy. Thus, a le
The accepted definition of a vested remainder is, that it is one that throughout its continuance gives to the remainderman or his heirs the right to the immediate possession, whene
A right resting on a perfect obligation. 1 Hill (N. Y.) 324. A fixed immediate right of present or future enjoyment. 24 Miss. 90. An expectancy (8 N. Y. 110), e. g., an inchoate ri
Vestre. L. Fr. In old English law. To vest; to enure. Kelham. VESTIGIUM (Law Lat.) In the law of evidence. A trace, or track; a mark left by a physical object. Vestigia carectae, t
In English law. A decree passing title in lieu of a conveyance for that purpose. Wharton.
In England. A parochial assembly. In the United States. A body ol men, chosen by the parish of an Episcopal church, to have the care and management, in conjunction with the wardens
A rate levied in Ireland for parochial purposes, abolished by 27 Vict. c. 17.
An officer appointed to attend vestries, and take an account of their proceedings, etc. 1 Steph. Comm. (7th Ed.) 122, note; 2 Steph. Comm. 699, note; 13 & 14 Vict. c. 57, §§ 6-8.
A select number of parishioners elected in large and populous parishes to take care of the concerns of the parish; so called because they used ordinarily to meet in the vestry of t
Clothed. Contract vestue, a clothed contract. The opposite of nue, naked or nude. Britt. c. 28. VE8TURA. A crop of grass or corn. Cow-
See "Vesture of Land."
In old English law. Profit of land. "How much the vesture of an acre is worth.'' Cowell.
A phrase Including all things, trees excepted, which grow upon the surface of the land and clothe it externally. He who has the vesture of land has a right, generally, to exclude o