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
SI NON VIS JUDIcare. Cease to reign if you wish not to adjudicate. Hob. 165. CESSANTE CAUSA CESSAT EFFECtus. The cause ceasing, the effect must cease. 1 Exch. 430; Broom, Leg. Max.
An assessment or tax; a tenant of land was said to cesse when he neglected or ceased to perform the services due to the lord. Co. Litt. 373a, 380b.
- Cesserdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
or CESSURE. Neglect; a ceasing from, or omission to do, a thing. 3, Bl. Comm. 232. "A substantial dismission and cesser." 6 Mod. 232. The determination of an estate. 1 Coke, 84; 4
In Roman law. A fictitious suit, in which the person who was to acquire the thing claimed {vindicabat) the thing as his own, the person who was to transfer it acknowledged the just
In Scotch law. An assignee. Bell, Diet.
One who gives up his estate to be divided amongst his creditors. Wharton.
In French law. The surrender which a debtor makes of all his goods to his creditors when he finds himself in insolvent circumstances. It is of two kinds, — either voluntary or comp
An assessment.
- Cessordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One who ceases or neglects so long to perform a duty that he thereby incurs the danger of the law. Old Nat. Brev. 136. CESSURE (Law Fr.) A receiver; a bailiff. Kelham. C'EST ASCAVO
et non pas I'echafaud. It is the crime which causes the shame, and 'not the scaffold,
- Cestui Que Trustdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
He for whose benefit another person is seized of lands or tenements, or is possessed of personal property. He who has a right to a beneficial interest in and out of an estate the l
- Cestui Que Usedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
He for whose benefit land is held by another person. He who has a right to take the profits of lands of which another has the legal title and possession, together with the duty of
- Cestui Que Viedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
He whose life Is the measure of the duration of an estate. 1 Washb. Real Prop. 88. CESTUY QUE DOIT' INHERITER AL pere doit inheriter al fils. He who would have been heir to the fat
- Chaceadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A station for game, more extended than a park, less so than a forest; the liberty of hunting within such limits. Cowell. The driving or hunting animals; the way along which animals
A chace is by common law. Reg. Brev. 806. CHACEABLE (Law Fr.) That which may be chased or hunted.
An officer in chancery who fits the wax for sealing to the writs, commissions, and other instruments there made to be issued out. He is probably so called because he warms (,chaufe
Anciently signified wares and merchandise. Hence the word chaffering, which is yet used for buying and sell- CHAFFERY Traffic; the practice of buying and selling. Rapalje & L.
- Chairmandefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
(1) Tlie presiding officer of a deliberative body, legislative or otherwise; e. g. the speaker of a house of assembly, or of the house of representatives, or the presiding member o
A measure of capacity, equal to fifty-eight and two-thirds cubic feet, nearly.
- Challengedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
An objection to the capacity or right of a person. In Practice. An exception to the jurors who have been arrayed to pass upon a cause on its trial. An exception to those who have b
or CHAMBER DEAcons. In old English law. Certain poor Irish scholars, clothed in mean habit, and living under no rule; also beggars banished from England. 1 Hen. V. cc. 7, 8; Wharto
Chamberlainship; the of Rce of a chamberlain. Cowell.
- Chamber Of Commercedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A society of the principal merchants and traders of a city, who meet to promote the general trade and commerce of the place. Similar societies exist in all the large commercial cit
- Chambersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Rooms or apartments. The private room of the judge. Any hearing before a judge which does not take place during a term of court, or while the judge is sitting in court, or an order
WIDOW'S. A portion of the effects of a deceased person, reserved for the use of his widow, and consisting of her apparel and the furniture of her bed chamber, is called in London t
- Champartdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In French law. The grant of a piece of land by the owner to another, on condition that the latter would deliver to him a portion of the crops. 18 Toullier, Dr. Civ. note 182.
See "Campus Mail."
See "Campus Martil."
- Champertordefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In criminal law. One who makes pleas or suits, or causes them to be moved, either directly or indirectly, and sues them at his proper costs, upon condition of having a part of the
- Champertydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A bargain with a plaintiff or defendant campum pa/rtire to divide the land or other matter sued for, between them, if they prevail at law, whereupon the champerter is to carry on t
- Championdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
In old English law. He who fights for another, or takes his place in a quarrel; one who fights his own battles. Bracton, lib. 4, tit. 2, c. 12.
the coronation, while the king was at dinner, and, by the proclamation of a herald, make a challenge "that, if any man shall deny the king's title to the crown, he is there ready t
"Pure chance consists in the absence of all means of calculating results." Morris (Iowa) 169. It is to be distinguished from "accident," which is "the unusual prevention of an effe
- Chancellordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In the United States. The presiding judge of a court of chancery. In England. A judicial officer of the king; a bishop or other high dignitary. See "Chancellor of the Exchequer," e
THE LORD HIGH. The lord high chancellor of Great Britain Is "created by the mere delivery of the king's great seal into his custody, whereby he becomes, without writ or patent, an
One of the quattuor personae, or lour chief dignitaries of the cathedrals of the old foundation. The duties assigned to the ofl Bce by the statutes of the different chapters vary,
A judicial officer who dcts as the delegate of the bishop in hearing ecclesiastical causes, etc. The office generally includes in it two other oflfices, — that of official principa
A minister of state who presides in the exchequer, and takes care of the interests of the crown, in addition to his other parliamentary duties. With the lord treasurer, he leases t
- Chance-Medleydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In criminal law. A sudden affray. This word is sometimes applied to any kind of homicide by misadventure, but in strictness it is applicable to such killing only as happens in defe
As applied to money, the verb "change" means to convey it to some one who would give what in popular language is denominated "change," in exchange for it. 104 111. 585. As applied
Now obsolete. An officer of the English mint, whose duty was to exchange coin for bullion.
The entire body of a stream from bank to bank, rather than the deep or navigable thread of it (55 Iowa, 558), the latter being more accurately the "main channel."
- Chantrydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A church or chapel endowed with lands for the maintenance of priests to say mass daily for the souls of the donors. Termes de la Ley; Cowell.
- Chapel Of Easedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
One which is used only for the ease of the parishioners in prayers and preaching, while the sacraments and burial are received and performed at the mother church. The curate of suc
- Chapelrydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The precinct of a chapel; the same thing for a chapel that a parish is for a church. Termes de la Ley; Cowell.
Places of worship. They may be either "private" chapels, such as are built and maintained by a private person for his own use and at his own expense, or "free" chapels, so called f
A hood or bonnet anciently worn by the Knights of the Garter, as part of the habit of that order. Also a little escutcheon fixed in the forehead of horses drawing a hearse at a fun
A summary of matters to be inquired of or presented before justices in eyre, justices of assize, or of the peace, in their sessions. Also articles delivered by the justice in his c
(1) An ecclesiastic who performs divine service in a chapel; but it more commonly means one who attends upon a king, prince, or other person of quality, for the performance of cler
- Chapterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
In ecclesiastical law. A congregation of clergymen. Such an assembly is termed capitulum, which signifies a little head; it being a kind of head, not only to govern the diocese in
- Characterdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In evidence. The opinion generally entertained of a person derived from the common report of the.people who are acquainted with him. 3 Serg. & R. (Pa.) 336; 3 Mass. 192; 3 Esp. 236
- Chargedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A duty or obligation imposed upon some person; a lien, incumbrance, or claim which is to be satisfied out of the specific thing or proceeds thereof to which it applies. To impose s
- Charge And Dischargedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In equity practice. The mode or form of accounting before a master. Where a decree or order of the court directs an account to be taken and examined before a master, in such case t
Weighty; heavy; penal; expensive. Kelham.
or CHARGE ^'affaires. In international law. The title of a diplomatic representative or minister of an inferior grade, to whose care are confided the affairs of his nation. He has
- Chargesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The expenses which have been incurred in relation- either to a transaction or to a suit. It is a larger term than "costs."
In Scotch law. A writ commanding a person to enter heir to his predecessor within forty days; otherwise, an action to be raised against him as if he had entered. The heir might app
By 1 & 2 Vict. c. 110, §§ 14-16, and 3 & 4 Vict. c. 82, when judgment has been recovered in an action, a judge at chambers may make an order that any government stock, funds, or an
or CHARITIES. Gifts to general public uses, which may extend to the rich as well as the poor. Ambl. 651; 2 Sneed (Tenn.) 305. Gifts to such purposes as are enumerated in Act 43 Eli
- Charitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The word "charity" in its widest sense, denotes all the good affection which men ought to bear towards each other, and in this sense it embraces all that is usually understood by t
A mock serenade of discordant noises made with kettles, tin horns, etc., designed to annoy and insult; a vile or noisy music made with tin horns, bells, kettles, pans, etc., in der
or CHARRUS. A weight ol lead, consisting of thirty pigs at seventy pounds each. Cowell.
- Chartadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
A charter or deed in writing; any signal or token by which an estate was held. ■ Charta Chyrographata. An indenture. between them in such a manner as to divide the word in the sepa
A collection of the laws of the forest, made in 9 Hen. III., and said to have been originally a part of Magna Charta.
A charter or deed of a thing not in being is not valid. Co. Litt. 36.
Magna Charta and Charta de Foresta {q. v.) CHARTARUM SUPER FiDEM, IVIORTUIS testibus, ad patriam de necessitudine, recurrendum est. The witnesses being dead, the truth of charters
- Charteldefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A challenge to single combat. Used at the period when trial by single combat existed. Cowell.
- Charterdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
A grant made by the sovereign, either to the whole people, or to a portion of them, securing to them the enjoyment of certain rights. 1 Story, Const. § 161; 1 Bl. Comm. 108. Former
- Chartererdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One who engages a ship for a voyage. CHARTIS REDDENDIS (Lat. for returning charters), A writ which lay against one who had charters of feoffment intrusted to his keeping which he r
Formerly a convent of Carthusian monks in London; now a college founded and endowed by Thomas Sutton. The governors of the charter house are a corporation aggregate without a head,
- Charter Landdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In English law. Land formerly held by deed under certain rents and free services. It differed in nothing from free socage land; and it was also called "bookland." 2 Bl. Comm. 90. C
- Charter Partydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)Bouvier (1839)
A contract of affreightment, by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular
In old E)uropean law. A keeper of records or public instruments; a chartulary; a registrar. Spelman.
In old English law. A plow. Bestes des charues, beasts of the plow. Artie. Sup. Chart, c. 12; Britt. c. 21.
- Chasedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The liberty or franchise of hunting one's self and keeping protected against all other persons beasts of the chase within a specified district, without regard to the ownership of t
That virtue which prevents the unlawful commerce of the sexes. Content without lawful venery is continence; without unlawful is chastity. Webster. CHATTEL (Norman Fr.) Goods of any
- Chattel Interestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
An interest In corporeal hereditaments less than a freehold. 2 Kent, Comm. 342. There may be a chattel interest in real property, as in case of a lease. Stearns, Real Actions, 115.
At common law, a sale of a chattel on a condition subsequent, upon performance of which the title revests in the mortgagor, and upon breach of Xyhich the mortgagee's title becomes
Money paid to the crown by the servants or purchasers of chauntry or chantry lands. 22 Car. II. c. 6. See "Chantry."
- Cheatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
"Deceitful practices in defrauding or endeavoring to defraud another of his known right, by some willful device, contrary to the plain rules of common honesty." Hawk. P. C. bk. 2,
or ESCHEATORS. Officers appointed to look after the king's escheats, a duty which gave them gn^eat opportunities of fraud and oppression, and in consequence many complaints were ma
- Checkdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Contracts. A written order or request, addressed to a bank or persons carrying on the business of banking, by a party a person therein named, or bearer, or to such person, or order
A book containing blanks for checks.
The old Scotch form of exchequer. Skene de Verb. Sign.
A list or book, containing the names of such as are attendants on, or in the pay of, the queen or other great personages, as their household servants. 19 Car. II. c. 1. Rapalje & L
In Anglo-Norman law. Were or weregfild; the price of the head or person (capitis' pretium). Laws Gul. Conq. 11.
In old French law. The privilege or prerogative of the eldest. See "Chemier." CHEMrER (Fr.) In old French law. The eldest bom. A term used in Poitou and other places. Guyot, Inst.
In old Scotch law. A mansion house.
- Chevagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
A sum of money paid by villeins to their lords in acknowledgment of their villeinage. It was paid to the lord in token of his being chief or head. It was exacted for permission to
A loan, or advance of money on credit. See "Chevisance." CHEVISANCE (Fr. agreement). A bargain or contract; an unlawful bargain or contract. CHEVITIAE (Lat.) In old records. Pieces
A homestead or homesfall which is accessory to a house. Rapalje & L.
The use of tricks and artifice.
- Chiefdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
One who is put above the rest; • principal; the best of a number of things. Declaration in Chief. A declaration for the principal cause of action. 1 Tidd, Prac. 419. ^Examination i
The title of the chief justice of the English court of exchequer. 3 Bl. Comm. 44.
- Chief Justicedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The presiding or principal judge of a court.
- Chief Justiciardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Under the early. Norman kings, the highest officer in the kingdom next to the king. He was guardian of the realm in the king's absence. His power was diminished under the reign of
- Chief Lorddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The immediate lord of the fee. Burton, Real Prop. 317.
- Chief Pledgedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The borsholder or X3hieli of the borough. Spelman. CHIEF RENTS (Law Lat. reditus capitales). In English law. Rents of the freeholders of a manor. 2 Bl. Comm. 42. Called also "quit
A small rent paid to the lord paramount.
A toll for passing on a way through a forest; called in the civil law pedagium. Cowell. See Co. Litt. 56a; Spelman; Termes de la Ley.