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
- Elisorsdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. Two persons appointed by the court to return a jury, when the sheriff and the coroner have been challenged as incompetent. In this case, the elisors return the writ of
- Eloigndefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
or ELOIGNE. To remove to a distance. See "Elongata."
- Elongatadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)Bouvier (1839)
In practice. The return made by the sheriff to a writ of replevin, when the goods have been removed to places unknown to him. See, for the form of this return, Watson, Sheriffs, Ap
A return to a writ de homine replegiando, that the man was out of the sheriff's jurisdiction.
In England, where, in a proceeding by foreign attachment, the plaintiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be apprai
- Elopementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
The departure of a married woman from her husband, and dwelling with an adulterer. Cowell; Blount; Tomlin.
Spring tides.
- Emancipationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
An act by which a per- This is of importance mainly in relation to the emancipation of minors from the parental control. See 3 Term R. 355; 6 Term R. 247; 8 Term R. 479; 3 East, 27
- Embargodefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A proclamation, or order of state, usually issued in time of war or threatened hostilities, prohibiting the departure of ships or goods from some or all the ports of such state, un
or EMBASSY. The message or commission given by a sovereign or state to a minister, called an "ambassador," empowered to treat or communicate with another sovereign or state; also t
- Embezzlementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
The wrongful and fraudulent appropriation of property to his own use by one to whom it has been entrusted by or for the owner. A breach of trust is the essence of the offense. To c
- Emblementsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Crops. 65 Cal. 458. The growing crops of those vegetable productions of the soil which are not spontaneous, but require an outlay of cost and labor in one part of the year, the rec
- Embraceordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
In criminal law. He who, when a matter is on trial between party and party, comes to the bar with one of the parties, and, having received some reward so to do, speaks in the case,
- Embracerydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
In criminal law. An attempt to corrupt or influence a jury, or any way incline them to be more favorable to one side than to the other, by money, promises, threats, or persuasions,
In English law. This ancient word is said to be used in the accounts of the inner temple, where so much in emendals at the foot of an account signifies so much in bank, in stock, f
The power of supervising and correcting the weights and measurers of bread and ale. Cowell.
Any event or occasional combination of circumstances which calls for immediate action or remedy; pressing necessity; exigency. 21 111. App. 274. EMERGERE (Lat.) To arise; to come t
- Emigrantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
One who quits his country for any lawful reason, with a design to settle elsewhere, and who takes his family and property, if he has any, with him. Vattel, bk. 1, c. 19, § 224. See
- Emigrationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
The act of removing from one place to another. It is sometimes used in the same sense as "expatriation," but there is some difference in the signification. Expatriation is the act
- Eminent Domaindefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qi Msi public purposes.
- Emissiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In medical jurisprudence. The act by which any matter whatever is thrown from the body thus, it is usual to say, emission of urine, emission of semen, etc.
- Emitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
To put out; to send forth. The tenth section of the first article of the constitution contains various prohibitions, among which is the following: "No state shall emit bills of cre
In medical jurisprudence. The name of a class of medicines which are believed to have the power of pose of producing abortion (q. v.) 1 Beck, Med. Jur. 316; Dungl. Med. Diet.; Parr
Any pecuniary advantage, profit, or gain arising from the possession of an office. It imports more than "salary" or "fees," and includes any perquisite, advantage, profit, or gain
- Emotional Insanitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The species of mental aberration produced by a violent excitement of the emotions or passions, though the reasoning faculties may remain unimpaired.
In ancient law. A mode of inflicting punishment by thrusting a sharp pole up the fundament. Enc. Lond.
See "Impannel."
See "Imparlance." EMPARNOURS (Law Pr.) Undertakers of suits. Kelham.
This word is synonymous with the Latin imperator. They are both derived from the verb imperare. Literally, it signifies "he who commands." Under the Roman republic, the title "empe
- Emphyteutadefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The grantee under a contract of emphyteusis or emphyteosis. Vicat; Calv..Lex.; 1 Hallam, Mid. Ages, c. 2, p. 1,
In the civil law Founded on, growing out of, or having the character of, an emphyteusis; held under an emphyteusis. 3 Bl. Comm. 232; Calv. Lex.
In Spanish law The citation given to a person by order of the
See "Implead."
One who is employed. The term is general, but is rarely applied either to common laborers or to the higher officers of a corporation. 66 Wis. 481; 109 N. Y. 631.
There is a contract of indemnity called "employers' liability," etc., which has become familiar since the passing of employers' liability acts in England and America. It insures an
A business or vocation. 16 Ala. 411; calling; office; service; commission trade; profession. 46 111. App. 373. The service of another. 72 Me. 455; the act of employing, in another
In Spanish law. A loan; something lent to the borrower at his request. Las Partidas, pt. 3, tit. 18, lib. 70.
or EMPTOR (Lat. emere, to buy). Emptio, a buying; emptor, a buyer; emptio et venditio, buying and selling. In Roman Law. The name of a contract of sale. Du Cange; Vicat.
In the Roman law. The assignment of the estate and effects of an insolvent debtor, whether during his life or after his death, to a trustee for his creditors. Justinian deprived it
A term used in equity. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee the right of creating interests to take effect out of i
- Enabling Statutedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The act of 32 Henry VIII. c. 28, by which tenants in tail, husbands seised in right of their wives, were empowered to make leases for their lives or for twenty-one years, which the
- Enactdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
To establish by law; to perform or effect; to decree. The usual formula in making laws is, "Be it enacted."
The section of a bill or statute which establishes the whole document as a law. 193 111. 193.
In Spanish law. The act by which one person transfers to another a property, either gratuitously, as in the case of a donation, or by an owner's title, as in the case of a sale or
(L. Fr.) In future; for the time to come; henceforward. Kelham. EN BANKE (Law Fr.) In the bench. 1 And. 51. EN DEMEURE (Fr.) In default Used in Louisiana. 3 Mart. (La.; N. S.) 674.
ENCHESSON, ENCHASON, enchlson, or acheson (Law Fr.) Cause; reason; occasion. Par quel encheson il se neya, for what reason he drowned himself. Britt. c. 1. Par encheson de matrimoy
Imports land enclosed with something more than the imaginary boundary line, that there should be some visible or tangible obstruction, such as a fence, hedge, or ditch, or somethin
A charge or mandate conferring certain important privileges on the four military orders of Spain, to wit, those of Santiago, Calatrava, Alcantara, and Montesa. In the legislation o
- Encroachmentdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Burrill (1850)Bouvier (1839)
An unlawful extension of one's right upon the lands of another. An alteration by the owner of an easement of the dominant tenement, so as to impose an additional burden on the serv
or ENDENIZEN. To make free; to enfranchise.
- Endorsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See "Indorse."
In insurance; a policy of life insurance payable to the insured during his lifetime, if he arrive at a certain age. In one aspect, it is a contract payable in the event of a contin
- Enemydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
A nation which is at war with state in amity with the United States, who have commenced, or have made preparations for commencing, hostilities against the United States, and also t
- Enfeoffdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To make a gift of any corporeal hereditaments to another. See "Feoffment."
- Enfranchisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
To make free; to Incorporate a man in a society or body politic. Cunningham,
- Enfranchisementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Giving freedom to a person; admitting a person to the freedom of a city. A denizen of England, or a citizen of London, is said to be enfranchised. So, too, a villein is enfranchise
The change of the tenure by which lands are held from copyhold to freehold, as by a conveyance to the copyholder, or by a release of the seignorial rights. 1 Watk. Copyholds, 362;
- Engagementdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In French law. A contract; the obligations arising from a quasi contract. The terms "obligation" and "engagement" are said to be synonymous (17 Toullier, Dr. Civ. note 1), but the
or ANGLESCHERIA. A law was made by Canute, for the preservation of his Danes, that, when a man was that the person killed was an Englishman. This proof was called engleshire. It co
England.
In English law. A proceeding in the court of exchequer in matters of revenue. See 28 & 29 Vict, c. 104.
Combinations of letters do not of themselves constitute "language." They must be formed into words having a known meaning as part of the language and these words must be used in co
One who engrosses or writes on parchment in a large, fair hand; one who purchases large quantities of any commodity in order to have the command of the market, and to sell them aga
- Engrossingdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The offense committed by an engrosser; writing on parchment in a large, fair hand. See "Engross." EN IT! A PARS (Law Lat.) The part of the eldest. Co. iitt. 166; Bac. Abr. "Coparce
- Enjoindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To command; to require; as, private individuals are not only permitted, but enjoined, by law, to arrest an offender when present at the time a felony is committed, or a dangerous w
- Enlargedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To extend; as, to enlarge a rule to plead is to extend the time during which a defendant may plead. To enlarge means, also, to set at liberty; as, the prisoner was enlarged on givi
A species of release which inures by way of enlarging an estate, and consists of a conveyance of the ulterior interest to the particular tenant; as if there be tenant for life or y
Extending, or making more comprehensive; as, an enlarging statute, which is one extending the common law. -
See "Statute."
- Enlistmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
The act of making a codtract to serve the government in a subordinate capacity, either in the army ol" navy. It may signify either the complete fact of entering into the military s
An old form of "implead."
In canon law. An examination of witnesses in the presence of a judge authorized to sit for this purpose, taken in writing, to be used as evidence in the trial of a cause. The day o
- Enrolldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
To register; to enter on the
- Enrollmentdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In English law. The registering or entering on the rolls of chancery, king's bench, common pleas, or exchequer, or by the clerk of the peace in the records of the quarter sessions,
To insert in a list, account, or writing.
To seal. ENSERVER (Law Fr.) To make subject to a service or servitude. Britt. c. 54.
- Entaildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
A fee abridged or limited to the issue, or certain classes of issue, instead of descending to all the heirs. 1 Washb. Real Prop. 66; Cowell; 2 Sharswood, Bl. Comm. 112, note. To re
That which Is given to be used or invested in acquiring an "estate tail." 3 & 4 Wm. IV. c. 74, §§ 70-72.
- Entenciondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. The plaintiff's declaration.
The old form of Intendment iq. v.), derived directly from the French, and used by Cowell to denote the true meaning or sig:nification of a word or sentence; that is, the understand
- Enterdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
To go upon lands for the purpose of taking possession; to take possession. In a strict use of terms, "entry" and "taking possession" would, seem to be distinct parts of the same ac
An undertaking of hazard; an arduous attempt; an undertaking; something projected and attempted; an attempt or project; particularly an undertaking of some importance or one requir
- Entire Contractdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
See "Contract."
A sole possession by one. Wharton.
- Entiretydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
This word denotes the whole, in contradistinction to moiety, which denotes the half part. A husband and wife, when jointly seised of land, are seised by entireties, and not pur mie
- Entitledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In Its usual sense, to entitle is to give a right or title; therefore a person is said to be entitled to property when he has a right to it. L. R. 20 Eq. 534. In Ecclesiastical Law
In Spanish law. Delivery.
A warehouse; a magazine where goods are deposited which are to be again removed.
- Entrydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The act of setting down the particulars of a sale, or other transaction, in a merchant's or tradesman's account books. Such entries are, in general, prima fade evidence of the sale
In English law. A writ which lay in favor of the reversioner, when the tenant for term of life, tenant for term of 'another's life, tenant by the curtesy, or tenant in dower, had a
A writ of entry causa matrimonii praeloquuti lies where lands or tenements are given to a man upon condition that he shall take the, donor to be his wife within a certain time, and
A writ of entry in casu consimili lies where a tenant for life or by the curtesy aliens in fee. Termes de la Ley.
A writ of entry in casu proviso lies if a tenant in dower alien in fee, or for life, or for another's life. Termes de la Ley.
In former times, the parties to an action, personally or by their counsel, used to appear in open court, and make their mutual statements viva voce, instead of, as at the present d
- Enuredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
To take or have effect; to serve to the use, benefit, or advantage of a person. The word is often written "inure." A release to the tenant for life enures to him in reversion; that
- Envoydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
In international law. A minister of the second rank, on whom his sovereign or government has conferred a degree of dignity and respectability which, without being on a level with a
EODEM mpdo dissolvltur. It is discharged in the same way in which it arises. Bacon, Abr. "Release;" Cro..Eliz. 697; 2 Wm. Saund. 48. note 1; 11 Wend. (N. Y.) 28, 30: 24 Wend. (N. Y
Expenses or gifts. Blount.
In Spanish law. The benignant and prudent interpretation of the law according to the circumstances of the time, place, and person. This word is derived from the Greek, and is synon
In ecclesiastical law. A form of government by diocesan bishops; the office or condition of a bishop. EPISCOPALIA (Law Lat.) In ecclesiastical law. Synodals, or payments due the bi