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
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
A vexed question; a point often discussed, but undertermined.
A suit which has been instituted maliciously, and without probable cause, whereby a damage has ensued to the defendant.
The old way is the safe way. 1 Johns. Ch. (N. Y.) 527, 530. VIA PUBLICA (Lat.) In the civil law. A public way or road, the land itself belonging to the public. Dig. 43. 8. 2. 21. V
In old English law. A returning officer. 7 Mod. 13.
VIA TUTA. The old way is the safe way. 5 Pet. (U. S.) 223. VIABILITY (from the French vie). Capability of living. A term used to denote the power a new-born child possesses of cont
The beaten road is the safest. 10 Coke, 142; 4 Maule & S. 168.
In the civil law. By force or covertly. Dig. 43. 24. VI BONORUM RAPTORUM (Lat.) In the civil law. Of goods taken away by force. The name of an action given by the praetor as a reme
In ecclesiastical law. The living out benefice of a vicar, usually consisting of the small tithes. 1 Bum, Ecc. Law, 75, 79. Max. 88; Broom, Leg. Max. (8d London Ed.) 758; 2 Bonv. I
In English law. Courts established in the queen's possessions beyond the seas, with jurisdiction over maritime causes, including those relating to prize. 3 Steph. Comm. 435; 3 Bl.
A great officer under the lord chamberlain, who, in the absence of the lord chamberlain, has the control and command of the offices appertaining to that part of the royal household
An equity judge who acts as assistant to the chancellor, holding a separate court, from which an appeal lies to the chancellor.
An ancient officer in the time of Edward IV.
An officer who performs the duties of a consul within a part of the district of a consul, or who acts in the pl^ce of a consul. See 1 Phil. Ev. 306.
In Saxon law. A governor of a province.
One empowered to act in place of the king; as a colonial governor.
- Vicinagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
The neighborhood; the venue. VICINETUM (Lat.) The neighborhood; vicinage; the venue. Co. Litt. 158i). VICINI VICINIORA PRAESUMUNTUR scire. Neighbors are presumed to know things of
The term does not denote so close a connection as "neighborhood." 190 111. 625.
In Scotch law. A meddling with the movables of a deceased, without confirmation or probate of his will or other title. Wharton.
An ancient writ against the mayor or bailiff of a town, etc., for the clean keeping of their streets and lanes. Reg. Orig. 267.
Belonging to the sheriff.
That ju. risdiction which belongs to the officers of a county; as sheriffs, coroners, etc. VICTUS (Lat.) In the civil law. Sustenance; support; the means of living. The word includ
In French feudal law. Originally, an officer who represented the bishop, as the viscount did the count. In process of time, these dignitaries erected their offices into fiefs, and
We have seen. A species of exemplification of the enrollment of charters, etc. An inspeximus (q. v.)
In old English law. A king's widow. The widow of a tenant in capite. So called because she was not allowed to marry a second time without the king's permission; obtaining her dower
Widowhood. VIE (Fr.) Life. See "Pur Autre Vie."
- Viewdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
Inspection; a prospect. Every one is entitled to a view from his premises; but he thereby acquires no right over the property of his neighbors. "The erection of buildings which obs
DEMAND OF. In real actions, the defendant was entitled to demand a view, that is, a sight of the thing, in order to ascertain its identity and other circumstances; as, if a real ac
When a right of common is exercisable not over the whole waste, but only in convenient places indicisable after "view and delivery." Elton, Commons, 233.
Persons appointed by the courts to see and examine certain matters, and make a report of the facts, together with their opinion, to the court. In practice, they are usually appoint
A view or inspection taken by a jury, summoned upon an inquisition or inquest, of the place or property to which the inquisition or inquiry refers. Brown.
In English law. An examination to see if every freeman within the district had taken the oath of allegiance, and found nine freemen pledges for his peaceable demeanor. 1 Reeve, His
- Villdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)
In England, this word was used to signify the parts into which a hundred or wapentake was divided. Fortesc. c. 24. See Co. Litt. 115b. It also signifies a town or city. Barr. Obs.
Any small assemblage of houses for dwelling or business, or both whether incorporated or not, 76 Minn. 469; 79 N. W. 510, or whether situated upon regularly laid out streets or not
An epithet used to cast contempt and contumely on the person to whom it is applied. To call a man a villain, in a letter written to a third person will entitle him to an action wit
A villein annexed to the person of the lord, and transferable by deed from one person to another. Litt. § 181.
A villein annexed to the manor or land; a serf.
Base, but certain and determined, services. 1 Steph. Comm. (7th Ed.) 187. living on one piece of land, came at last to be allowed to hold it by tenure of villeinage, e. g., uncerta
- Villenous Judgmentdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In old English law. A judgment given by the common law in attaint, or in cases of conspiracy. Its effects were to make the object of it lose his liberam legem, and become infamous.
MODO flat moderamine inculpatae tutelae, non ad sumendam vindictam, sed ad repulsandam Injurlam. It is lawful to repel force by force; but let it be done with the self-control of b
In Spanish law. An entail. Schmidt, Civ. Law, 308.
In Spanish law. The bond, chain, or tie of marriage. White, New Recop, bk. 1, tit. 6, c. 1, § 2.
See "Divorce." VINCULUM (Lat.) A chain; a connected series; a connection or relation. See "Consanguinity." A bond; a band; a tie. Vinculum matrim.onii, the bond or tie of marriage;
In the civil law, a defender. VINDICARE (Lat.) In the civil law. To claim, or challenge; to demand one's own; to assert a right in or to a thing; to assert or claim a property in a
In civil law. The claim made to property by the owner of it. 1 Bell, Comm. (5th Ed.) 281. See "Revendication." what evil or penalty shall be ii Kiurred by such as commit any public
In Roman law. A rod or wand, and, from the use of that instrument in their course, various legal acts came to be distinguished by the term; e. g., one of the three ancient modes of
- Vindictive Damagesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
EJxemplary ^ or punitive damages. VIOL (Fr.) In French law. Rape. Barr. Obs. St. 139.
One who performs personal duties of the master which cannot be delegated, as distinguished from a foreman or superior servant. 216 111. 628. VICE VERSA (Lat.) On the contrary; on o
The abuse of force. Theorie des Lois Criminelles, 32. That force which is employed against common right, against the laws, and against public liberty. Merlin, Kepert. The term is s
A strong or necessary presumption. 3 Bl. Comm. 371; Burr. Circ. Ev. 60.
In Scotch law. The gains made by a tenant holding over are so called. Ersk. Inst. 2. 6. 64. VIOLENTA PRAESUMPTIO ALIQUANdo est plena probatio. Violent presumption is sometimes full
It gains strength by continuance. 1 Johns. Ch. (N. Y.) 231, 237.
- Virgadefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
An obsolete word, which signifies a rod of staff, such as sheriffs, bailiffs, and VIRGATA REGIA (Law Lat.) In old English law. The royal verge; the verge; the bounds of the king's
A pure virgin.
A writ for choice of a verderer in the forest. Reg. Orig. 177. VlRILIA^(Lat.) The privy members of a man. Bracton, lib. 3, p. 144.
(Lat.) In old English practice. The substance or tenor.
By virtue whereof. This was the clause iii a pleading justifying an entry upon land, by which the party alleged that it was in virtue of an order from one entitled \that he entered
In civil law. The formula put upon an act; a register; a commercial book, in order to approve of it and authenticate it. VISCOUNT (Lat. vice comes). This name was made use of as an
In the civil and old English law. Armed force; force exerted by means of arms, weapons, or anything that can hurt or injure. ViS CLANDESTINA (Lat.) In old English law. Clandestine
In civil and old English law. Compulsive force; that which is exerted to compel another to do an act against his will; force exerted by menaces or terror. Bracton, fol. 162. VIS DI
In old English law. Unarmed fo Vce; the opposite of "vis armata." Bracton, fol. 162.
In old English law. Wrongful force; otherwise called "illicita" (unlawful). Bracton, fol. 162.
In the civil law. Disquieting force. Calv. Lex. Bracton defines it to be where one does not permit another to use his possession quietly and in peace. Bracton, fol. 162.
- Visitationdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
The act of examining into the affairs of a corporation. The power of visitation is applicable only to ecclesiastical and eleemosynary corporations. 1 Bl. Comm. 480; 2 Kyd, Corp. 17
In international law. The right of a belligerent to board neutral private vessels on the high seas, or in the waters of either belligerent, and examine their papers and cargo. See
Compilations made out or collected by the heralds in the circuits which their commissions authorized them to make, for the purpose of inquiring into the state of families and regis
An Inspector of the government, of corporations, or bodies politic. 1 Bl. Comm. 482. See Dane, Abr. Index; 7 Pick. (Mass.) 303; 12 Pick. (Mass.) 244.
In old English law. Lay force; an armed force used to hold possession of a church. Reg. Orig. 59, 60.
Force is Inimicial to the laws. 3 Inst. 176.
In old English law. Lawful force. Bracton, fol. 162. VIS MAJOR (Lat.) A superior force. In law it signifies inevitable accident. This term is used in the civil law in nearly the sa
- Visnedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Bouvier (1839)
The neighborhood; a neighboring place; a place near at hand; the venue. Formerly the visne was confined to the immediate neghborhood where the cause of action arose, and many verdi