The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
- Titledefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The means whereby the owner of lands hath the just possession of his property. Co. Litt. 345; 2 Bl. Comm. 195. See 1 Ohio, 349. This is the definition of title to lands only. (1) A
COVENANTS FOR. They comprise "covenants for seisin, for right to convey, against incumbrances, for quiet enjoyment, sometimes for further assurance, and almost always of warranty."
Those deeds which are evidences of the title of the owner of an estate. The person who is entitled to the inheritance has a right to the possession of the title deeds. 1 Car. & M.
In Spanish law. Title. White New Recop. bk. 1, tit. 5, c. 3, § 2.
See "Lords of Erection." TITULUS (Lat.) IN the Civil Law. Title; the source or ground of possession; the means whereby possession of a thing is acquired, whether such possession be
A towel. There is a tenure of lands by the service of waiting with a towel at the king's coronation, Cowell,
Those persons who engage themselvefe to do or not to do the matters and things contained in an agreement. —
This, usually kno.wn as "submission of controversy," is the submission of an agreed statement of facts to the court, without trial of the issues, for a decision thereon.
- Toftdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
A place or piece of ground on which a house formerly stood, which has been destroyed by accident or decay. It also signifies a messuage. TOG AT I (Lat.) In Roman law. Under the emp
The words in a conveyance which show the estate intended to be conveyed. 132 111. 605. Thus, in a conveyance of land in fee simple, the grant is to "A. and his heirs, to have and t
- Tokendefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
A document or sign of the existence of a fact. Tokens are either public or general, or privy tokens. They are either true or false. When a token is false, and indicates a general i
- Tolldefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
Toll at common law includes a large class of dues and exactions that are in the nature of fixed rights, and cannot be lawfully exceeded, and are generally, if not universally, conn
Payment of toll; money charged or paid as toll; the liberty or franchise of charging toll. TOLLE VOLUNTATEIM ET ERIT OMNIS actus indifferens. Take away the will, and every action w
A prison; a custom house; an exchange; also the place where goods are weighed.
A vessel by which the toll of corn for grinding is measure.
or TOLER (Law Fr. from Lat. f oiler e, q. v.) To take away; to bar or defeat. Discents que tollent entries, descents which toll or bar entries. Litt. § 385. TOLLERE (Lat.) In the c
In a general sense, tolls signify any manner of customs, subsidy, prestation, imposition, or sum of money demanded for exporting or importing of any wares or merchandise, to be tak
In English law. A
In English law. A toll for passing over private grounds. Cowell.
In English law. A toll on beasts returning from a market. 1 Crabb, Real Prop. p. 101, § 102. A toll paid at the return of beasts from fair or market, though they were not sold. Cow
Theolnetum. Law Lat. In old English law. Toll. A tax, charge or imposition.
An old excise; a duty paid by tenants of some manors to the lord for liberty to brew and sell ale. Cowell.
The same as toll booth (q. v.) Also, a place where merchants meet; a local tribunal for small civil causes held at the Guildhall, Bristol.
- Toltdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
A writ whereby a cause depending in a court baron was taken and removed into a county court. Old Nat. Brev. 4.
Wrong; rapine; extortion. Cowell.
- Tonnagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
The capacity of a ship or vessel; the duties paid on the tonnage of a ship. This term is most usually applied to the capacity of a vessel in tons, as determined by the legal mode o
When the rent reserved by a mining lease or the like consists of a royalty on every ton of minerals gotten in the mine, it is often called a "tonnage rent." There is generally a de
In old English law. The quantity of a ton or tun, in a ship's freight or bulk, for which tonnage or tunnage was paid to the king. Pat. 2 Rich. II; Cowell.
In old Scotch law. A thief taker (qui fures exquirit). LL. Ken. Reg. § 5; Spelman. TONSURA (Lat. from tondere, to shavei or clip). In old English law. A shaving or polling; the hav
In French law. The name of a partnership composed of creditors or recipients of perpetual or life rents or annuities, formed on the condition that the rents of those who may die sh
A system of life insurance whereby the surplus funds of the insurer are accumulated during a period called the "tontine period," and then distributed to such of the policy holders
In criminal pleading. Technical words necessary in an indictment for simple larceny. Bac. Abr. "Indictment" (Gl); Comyn, Dig. "Indictment" (G 6); Cro. Car. 37; 1 Chit. Grim. Law, 2
Tornado is synonymous with "hurricane" and means a violent storm. A violent gust of wind or a tempest distinguished by the vehemence of the wind and by a whirling, progressive _ mo
- Tortdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
(Fr. tort; from Lat. torquere, to twist, tortus, twisted, wrested aside). A private or civil wrong or injury; a wrong independent of contract. 1 Hilliard, Torts, 1. The commission
A wrongdoer; one who commits or is guilty of a tort.
The torture or wresting of laws is the worst kind of torture. 4 Bac. Works, 434.
Bodily pain or hurt inflicted with the object of compelling a disclosure of guilt or of knowledge in respect of a crime or its perpetrator. It was imposed by various means, and und
In old EJng Ush practice. A word written by the foreign opposer or other officer opposite to a debt due the king, to denote that it was a good debt, which was hence said to be "tot
- Total Lossdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In insurance. A total loss in marine insurance is either the absolute destruction of the insured subject by the direct action of the perils insured against, or a constructive — som
Words frequently introduced in policies of insurance, giving the party insured the right to stop and stay at certain designated points in the course of the voyage. A vessel which h
In Frenoli law. A right which the owner of an estate has of placing ladders on his neighbor's property to facilitate the reparation of a party wall, or of buildings which are suppo
In old English law. A court of record, having criminal jurisdiction, in each county, held before the sheriff twice a year, in one place after another, following a certain circuit o
In a course of line leading to or in the direction of. 180 Mich. 654.
- To Witdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
That is to say, 99 111. 560; namely; scilicet; videlicet. In Pleading. In describing various ment which must be strictly proved. 47 111. 177.
- Towndefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In General. The word "town" sometimes indicates a division of the county next smaller in extent than the county itself. It is also often used to denote a small city or village. 125
An officer who manages the public business of a town.
An officer of a town charged with collecting the township taxes.
One of the board of officers in whom, under the laws of some of the states, the management of the busmess of a town is vested. Abbott.
An officer in a town whose business it is to make proclamations.
An assemblage of th^ voters of a town to select town officers and discuss other business of the town.
The acknowledgment and recording of a town plat vests the legal title to the ground embraced in the streets and alleys in the corporation of the town Therefore it is held that the
The reeve or chief officer of a town.
The public lands of the ^M^*f «.®***®?.*'^®..^™^^y®<l first into tracts called "townships,'; being in extent six miles ^^^,^1% ^^? subdivisions of a township are called "sections,"
The English Towns Improvement Clauses Act of 1847 was passed to consolidate in one act certain provisions usually contained in acts for paving, draining, cleansing, lighting, and i
One levied to meet the separate expenses of a town. Opposed to "state tax," "county tax."
IH old English law. The track or trace of a felon, by whidh he was pursued with the hue and cry; a footstep, hoof print, or wheel track. Bracton, fols. 116, 121b.
- Tractdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
An area, or a region of land or water of indefinite -extent. 70 111. App. 44.
Let smiths perform the work of smiths. 3 Coke, Epist.
- Tradas In Balliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
You deliver to bail. In old English practice. The name of a writ which might be issued in behalf of a party who, upon the writ de odio et atia, had been found to have been maliciou
- Tradedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The original meaning of the word "trade" was "track" or "course," hence "trade-wind." In modern use it is employed in three different senses: (1) An occupation; a handicraft by whi
A symbol, emblem, or mark used by a person to indicate that the article to which it is afl Bxed is manufactured or sold by him, or that he carries on business at a particular place
A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a particular person. The name may be
- Traderdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
One who makes It his business to buy merchandise, or goods and chattels, and to sell the same for the purpose of making a profit. The quantum of dealing is immaterial, when an inte
An association of workmen, usually, but not necessarily, employed ■wages and conditions of labor. Popularly abbreviated to "union."
A usage connected with the practice of a particular trade. '
Such corporations as are engaged in trading or trading and commerce, including all corporations engaged in a business which properly falls within the definition of trading. Fletche
A rather vague and variable standard, meaning such value as an ingenious and energetic puffing would lead the buyer to believe he could realize TRADITIO (Lat.) In the Civil Law. De
Delivery makes the deed speak. 5 Coke, 1. TRADITIO NIHIL AMPLIUS TRANSferre debet vel potest, ad eum qui accipit, quam est apud eum qui tradit. Delivery cannot and ought not to tra
Commerce; trade; sale or exchange of merchandise, bills, money, and the like.
The militia; the part of a company trained to martial exercises.
In old Scotch law. A roll containing the particular dittay taken up upon malefactors, which, with the porteous, is delivered by the justice clerk to the coroner, to the eflfect tha
- Traitordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
One guilty of treason. See charge of Judge Sprague, District Court of Massachusetts, 1682; Bish. Crimes. The punishment of a traitor is death.
In pleading. A technical word, which is essential in an indictment for treason in order to charge the crime, and which cannot be supplied by any other word or any kind of circumloc
Capable of being passed to another. Railway passage tickets and personal privileges or licenses are often made "Not Transferable," i. e., valid only in the purchaser's hands.
- Transfereedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
He to whom a transfer is made.
In Scotch law. The name of an action by which a suit which was pending at the time the party died is transferred from the deceased to his representatives, in the condition in which
Removal of it to another court.
(Lat.) In old English law. A crossing of the Strait (of Dover); a passing or sailing over from England to France. TRANSGRE8SI0 EST CUM MODUS NON servatur nee mensura, debit enim qu
- Transhipmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In maritime law. The act of taking the cargo out of one ship, and loading it in another. When this is done from necessity, it does not affect the liability of an insurer on the goo
The term has reference rather to the character of the business than to the residence of the merchant. 151 Iowa 221, 226. In an ordinance exacting a license from that class of perso
- Transiredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
In English law. A warrant for the custom house to let goods pass; a permit. See, for a form of a transire, Harg. Law Tr. 104.
It passes into a judgment. Broom, Leg. Max. (3d London Ed.) 298; 11 Pet. (U. S.) 100.
One binding the representatives of the covenantor.
- Transitory Actiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Abbott (1879)Bouvier (1839)
In practice. An action the cause of which might have arisen in one place or county as well as another. In general, all personal actions, whether ex contractu (5 Taunt. 25; 6 East,
The land passes with Its burden. Co. Litt. 281a; Shep. Touch. 178; 5 Bam. & C. 607; 7 Mees. & W. 680; 3 Bam. & Aid. 587; 18 C. B. 845; 24 Barb. (N. Y.) 865; Broom, Leg. Max. (3d Lo
The reproduction In one language of what has been written or spoken in another. In pleading, when a libel or an agreement written in a foreign language must be averred, it is neces
So much of the edict promulgated by the former praetor as was retained and republished by his successor.
A fact by means of which a right is transferred or passes from one person to another. TRANSMISSION (from Lat. i/rana, over, ing to their successors the inheritance or legacy to whi
In the Scotch law, an action of transumpt is an action competent to any one having a partial interest in a writing, or immediate use for it, to support his title or defenses in oth
One who is drawn, or drawn upon. The drawee of a bill of exchange. Heinec. de Camb. c. 6, §§ 5, 6.
The act of child bearing. A woman is said to be in her travail from the time the pains of child bearing commence, until her delivery. 5 Pick. (Mass.) 63; 6 Me. 460. TRAVERSE (Law F
A petit or trial jury.
Proof that an inquisition made of lands or goods by the escheator is defective and untruly made.
One who traverses or denies. TRAVERSING ANSWER or TRAVERSing note. In suits under the old English practice in chancery, where the defendant refused or neglected to file an answer t
- T.R.Edefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
In old records, tempore Regis Edwardi, in the time of King Edward. Of common occurrence in Domesday Book, where the valuation of manors as it was in the time of Edward the Confesso
TRECHETOUR, or treachour. A traitor.
An instrument of prison discipline in England. It is composed of a large revolving cylinder, having ledges or steps fixed around its circumference. The
- Treasondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
— — At Common Law. This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Comm. 75. Treason was either: (1) High treason, which was the compassing of the king's d
Having the nature or guilt of treason.
An offense under 11 & 12 Vict. c. 12, consisting of compassing, etc., to depose her majesty, or to levy war to intimidate parliament, etc. Mozley & W.