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
- Bill Of Indictmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. A written accusation of one or more persons of a crime or misdemeanor, lawfully presented to a grand jury. See "Indictment."
- Bill Of Informationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In equity practice. One which is instituted by the attorney general or other proper ofi Bcer in behalf of the state, or of those whose rights are the objects of its care and protec
- Bill Of Interpleaderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
One in which the person exhibiting it claims no right In opposition to the rights claimed by the person against whom the bill is exhibited, but prays the decree of the court touchi
- Bill Of Ladingdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. Loughborough, J., 1 H. Bl. 359. "A formal acknowledgment of the receipt
- Bill Of Middlesexdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An old form of process similar to a capias, issued out of the court of king's bench in personal actions, directed to the sheriff of the county of Middlesex (hence the name), and co
A written statement or account of the number of deaths which have occurred in a certain district during a given time, usually spoken of in the plural. In some places, as in London,
- Bill Of Pains And Penaltiesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A special act of the legislature which inflicts a punishment less than death upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction
- Bill Of Parcelsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Bouvier (1839)
An account containis usually transmitted with the goods to the purchaser, in order that, if any mistake have been made, it may be corrected.
- Bill Of Particularsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In practice. A detailed informal statement of a plaintiff's cause of action, or of the defendant's setoff, furnished by one party to the other in compliance with a statute, rule or
- Bill Of Peacedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One brought to restrain repeated attempts to litigate the same right. Bispham, Eq. §415; Daniell, Ch. Pr. 1532.
- Bill Of Privilegedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In English law. The form of proceeding against an attorney of the court, who is not liable to arrest. Brooke, Abr. "Bille;" 12 Mod. 163; 3 Bl. Comm. 289.
- Bill Of Proofdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English practice. The claim made by a third person to the subject-matter in dispute between the parties to a suit in the court of the mayor of London. 2 Chit. Prac. 492; 1 Marsh
- Bill Of Reviewdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One which is brought to have a decree in equity of the court reviewed, altered, or reversed. The object of the bill is to reverse the decree as far as it is erroneous, and to retry
- Bill Of Revivordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A bill in equity brought to continue a suit which has abated before its final consummation, as, for example, by death, or marriage of a female plaintiff. Story, Eq. PI. § 20.
- Bill Of Revivor And Supplementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In equity practice. One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like
- Bill Of Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In constitutional law. A formal and public declaration or assertion, in writing, of popular rights and liberties, usually expressed in the form of a statute, or promulgated on occa
- Bill Of Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A written agreement, often under seal, by which one person transnot essential. 14 Wall. (U. S.) 244. It is in frequent use in the transfer of personal property, especially that of
- Bill Of Sightdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A written description of goods, supposed to be inaccurate, but made as nearly exact as possible, furnished by an importer or his agent to the proper officer of the customs, to proc
- Bill Of Storedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English law. A kind of license granted at the custom house to merchants to carry such stores and provisions as are necessary for their voyage, custom free. Jacob., BILL OF SUFFE
In mercantile law. A bill of exchange accepted, or a promissory note made, by a merchant, whereby he ha.s engaged to pay money. It is so called as being payable by him. An account
In contracts. A written obligation, by which a debtor acknowledges himself indebted in a certain sum, and binds himself for the payment thereof in a larger sum. Bonds with conditio
- Bill Quia Timetdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In equity practice. A remedy by bill in equity to protect rights against possible future injuries or impairment. One which is filed when a person is entitled to property of a perso
In mercantile law. A promissory note, bill of exchange, or other written security for money payable at a future day, which a merchant holds. So called because the amounts for which
See "Marshalling Assets."
See "Marshalling Securities."
- Bill To Perpetuate Testimonydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In equity practice. One which is brought to secure the testimony of witnesses with reference to some matter which is not in litigation, but is liable to become so. It differs from
In equity practice. One brought to avoid or suspend a decree under special circumstances. BILL TO TAKE TESTIMONY DE BENE esse. In equity practice. One which is brought to take the
A term applied to the contract of apprenticeship.
The act by which a magistrate or court hold to bail a party accused of a crime or misdemeanor. The binding over may be to appear at a court having Jurisdiction of the offense charg
To engage as an apprentice.
The order of a magistrate in requiring one to give bail to appear for hearing in a higher court, or to keep the peace.
- Bipartitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Of two parts. This term Is used in conveyancing; as, this indenture bipartite, between A., of the one part, and B., of the other part.
- Birretumdefined inCyclopedic (1922)Bouvier (1914)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
or BIRRETUS. A cap or coif used formerly in England by judges and sergeants at law. Spelman; Cunningham.
- Birthdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
The act of being wholly brought into the world. The conditions of live birth are not satisfied when a part only of the body is born. The whole body must be brought into the world,
- Bisdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
(Lat.) Twice.
BESANTINE, or BEZANT. An ancient coin, first issued at Constantinople. It was of two sorts, — gold, equivalent to a ducat, valued at 9s. 6d., and silver, computed at 2s. They were
In old English law. A fine imposed for not repairing banks, ditches, and causeways. Blount; Whishaw.
He gives twice who gives quickly. BIS IDEM EXIGI BONA FIDES NON PAtitur, et in satlsfactlonibus, non permlttltur amplius fieri quam semel factum est. Good faith does not suffer the
- Bishopdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An ecclesiastical officer, who is the chief of the clergy of his diocese, and is the archbishop's assistant. No such officer is recognized by law in the United States.
- Bishopricdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In ecclesiastical law. The extent of country over which a bishop has jurisdiction; a see; a diocese.
- Bishop's Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In English law. An ecclesiastical court held in the cathedral of ' each diocese, the judge of which is the bishop's chancellor.
- Bissextiledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The day which is added every fourth year to the month of February, in order to make the year agree with the course of the sun. It was called "bissextile" because in the Roman calen
- Black Actdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In English law. The act of parliament 9 Geo. II. c. 22. This act was passed for the punishment of certain marauders, who committed great outrages disguised and with faces blackened
Old Scotch statutes passed in the reigns of the Stuarts and down to the year 1586 or 1587. So called because printed in black letter. Bell, Diet.; Wharton.
In English law. An old record frequently referred to by Cowell and other early writers.
- Black Book Of The Admiraltydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
An ancient book compiled in the reign of Edward III. It has always been deemed of the highest authority in matters concerning the admiralty. It contains the laws of Oleron, at larg
- Black Book Of The Exchequerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
The name of a book kept in the English exchequer, containing a collection of treaties, conventions, charters, etc.
It is a vulgar error that the headdress worn by the judge in pronouncing the sentence of death is assumed as an emblem of the sentence., It is part of the judicial full dress, and
Heath fowl, in contradistinction to red game, as grouse.
- Black Maildefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
Rents reserved, payable in work, grain, and the like. Such rents were called "black mail" (reditus nigri), in distinction from white rents (blanche firmes), which were rents paid i
- Black Rentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Rents reserved in work, grain, or baser money than silver. Whishaw.
GENTLEMAN USHER OF. A chief officer of the king, deriving his name from the black rod of office, on the top of which reposes a golden lion, which he carries. During the session of
A subvassal, who held ward of the king's vassal.
- Bladadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
Growing crops of grain. Spelman. Any annual crop. Cowell. Used of crops, either growing or gathered. Reg. Orig. 94b; Coke, 2d Inst. 81.
In old English law. A corn monger; meal man or corn chandler; a bladier, or engrosser of corn or grain. Blount; 2 Inst. 81.
- Blanche Firmedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A rent reserved, payable in silver. BLANCUS (Law Lat.) In old law and practice. White, as paper or parchment is when there is no writing or other mark upon it; otherwise called alb
In Scotch law. A tenure by which land is held. The duty is generally a trifling one, as a peppercorn. It may happen, however, that the duty is of greater value, and then the distin
Cwrte blanche (a. v.) See 6 Mart. (La.) 718.
- Blankdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
A space left In writing, to be filled up with one or more words to complete sense. A skeleton document, in which the formal words are printed, and blanks left for the
An acceptance written on the paper before the bill is made, and delivered by the acceptor. In England it will charge the acceptor to the extent warranted by the stamp.
- Blank Bardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Stimson (1881)Burrill (1850)
See "Common Bar."
Scotch securities, in which the creditor's name was left blank, and which passed by mere delivery, the bearer being at liberty to put in his name, and sue for payment. Declared voi
A fire insurance policy not on particular goods, but on whatever there may be at a certain time, of a varying quantity, as on a stock of goods subject to sale and replenishing. See
- Blank Indorsementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)Bouvier (1839)
An indorsement which does not mention the name of the person in whose favor it is made. Such an indorsement is generally effected by writing the indorser's name merely on the back
A kind of white money (value 8d). coined by Henry V. in those parts of France which were then subject to England; forbidden to be current in that realm by 2 Hen. VI. c. 9. Wharton.
An incendiary. Blount.
- Blasphemydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
In criminal law. To attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. A false reflection uttered with a malicious design of
In England, where a testator directs his real and personal estate to be sold, and disposes of the proceeds as forming one aggregate, this is called a "blended fund." The expression
In old English law. Boughs broken down from trees and thrown in a way where deer are likely to pass. Jacob.
- Blockadedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Blockade is where a belligerent power maintains such a naval force near the shore or ports of the other belligent as to prevent access to them, or, as it is sometimes put, the vess
- Blooddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
Relationship; stock; family. 1 Rop. Leg. 103; 1 Belt, Supp. Ves. 365. Kindred. Bac. Max. reg. 18. Brothers and sisters are said to be of the whole blood if they have the same fathe
Money paid to the relatives of one killed by another. Money paid as a reward for the conviction of one charged with a capital offense.
- Bloodwitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
An amercement for. bloodshed. Cowell. The privilege of taking such amercements. Skene de Verb. Sign. A privilege or exemption from paying a fine or amercement assessed for bloodshe
A name applied to certain laws of extreme rigor, supposed to have been anciently in force in Connecticut. Rigorous puritanical laws, generally.
The governing body of officers of a corporation or municipality. The members are usually called directors, trustees, aldermen, or supervisors. Also, the body or commission invested
One who, by a special contract, obtains food, with or without lodging, in the house of another. To be distinguished from a guest (q. v.) ■ Story, Bailm. § 477; 26 Vt. 343; 26 Ala.
A quasi public house where boarders are habitually kept, and which is held out and known as a place of entertainment of that kind. 1 Lans. (N. Y.) 484, 486; 3 Abb. Pr. (N. S.; N. Y
An executive or administrative body organized as part of the government or of its local divisions, like cities, to regulate and supervise matters affecting the public health or san
A county board, under a system existing in some of the states, to whom the fiscal affairs of the county are intrusted, composed of delegates representing the several organized town
See "Chamber of Commerce."
The name of a board of ofl Scers appointed for the better local management of the English metropolis. They have the care and management of all grounds and gardens dedicated to the
A place where books, evidences, or writings are kept. Cowell. These were generally in monasteries. 1 Spence, Eq. Jur. 22.
Allodial lands held by written evidence of title. Such lands might be granted upon such terms as the owner should see fit, by greater or less estate, to take effect presently, or a
The expression "bodily heirs," when used in a conveyance or devise of real estate, has no other or different meaning than the words "heirs of his body.',' Turner v. Hause, 199 111.
BODEMERIE, or BODDEmerey (Belg. and Ger.) Bottomry (g. v.) Locc. de Jur. Mar. lib. 2, c. 6, § 1.
- Bodydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)
A person. Used of a natural body, or of an artificial one created by law, as a corporation. The main part or frame of anything, as distinguished from its subordinate parts. 22 N. Y
- Body Corporatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
A corporation. This is an early and undoubtedly correct term to apply to a corporation. Co. Litt. 250a; 23 Wend. (N. Y.) 141; 81 Pa. St. 389.
A county at large, as distinguished from any particular place within it. See 25 Wis. 364. Under the common law, in both civil 'and criminal cases, the jury were to be taken from th
The main and operative part; the substantive provisions, as distinguished from the recitals, title, jurat, etc. Wharton. BODY POLITIC (or POLITIQUE). The old term for a corporation
Water rising from a salt well
- Boisdefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
BOYS, or BOYES (Law F.; Lat. loscus). Wood; haut bois, high timber; sub loia, underwood. Cowell.
or BOLDAGIUM. A little house or cottage. Blount.
- Boltingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. A term formerly used in the English inns of court, but more particularly at Gray's Inn, signifying the private arguing of cases, as distinguished from mooting,
- Bona Confiscatadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Goods confiscated or forfeited to the imperial fisc or treasury. 1 Sharswood, Bl. Comm. 299.
A bona fide purchaser {q. V.) BONAE FIDEI POSSESSOR IN ID TANturn quod ad se pervenerit tenetur. A bona fide possessor is bound for that only which has come to him. Coke, 2d Inst.
Goods and chattels; movable property of every description. See 16 Mees. & W. 68. BONA FELONUM (Lat.) In English law. Goods of felons; the goods of one convicted of felony. 5 Coke,
One who buys property without notice, actual or constructive, that some third person has a right to or interest in it, and pays a full and or interest of such third person. 66 Barb
Good faith, honesty, as distinguished from mala fides, bad faith. Bona fide, in good faith. BONA FIDES EXIGIT UT QUOD CONvenit flat. Good faith demands that what is agreed upon sha
UT BIS Idem exigatur. Good faith does not allow us to demand twice the payment of the same thing. Dig. 50. 17. 57.
Forfeited goods. 1 Bl. Comm. 299. BONA FUGITIVORUM (Lat.) In English law. Goods of fugitives; the proper goods of him who flies for felony. 5 Coke, 109b.