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
- Jus Scriptumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Roman Law. Written law. Inst. 1. 2, 3. All law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of
In civil law. A peculiar or individual rule, differing from the jus commune, or common rule of right, and established for some special reason. Mackeld. Civ. Law, p. 181, § 188.
In old European law. The law of staple; the right of staple; a fight or privilege of certain towns of stopping imported merchandise, and compelling it to be offered for sale in the
As used in the constitution, means a full and fair equivalent for the loss sustained by the taking for public use. It may be more, or it may be less, than the mere money value of t
The right or Interest of a third party. JUS TESTAMENTORUM PERTINET ordinario. Y. B. 4 Hen. VII., 13b. The right of testaments belongs to the ordinary.
- Justicedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The constant and perpetual ity of our actions and our will to the law. Tou Uier, Dr. Civ. tit. prel. note 5. In the most extensive sense of the word, it differs little from "virtue
In Scotch law. The circuits through the kingdom made for the distribution of justice. Ersk. Inst. 1. 3. 25.
- Justices Courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In American law. Inferior tribunals, with limited jurisdiction, both civil and criminal. There are courts so called in the states of Massachusetts and New Hampshire, and probably o
Certain judges established, if not first appointed, A. D. 1176, 22 Hen. II. England was divided into certain circuits, and three justices in eyre — or "justices itinerant," as they
These justices, or, as they are sometimes called, "justices of nisi prius," are judges of the superior English courts, who go on circuit into the various counties of England and Wa
Those justices who are sent with a commission to hear and determine all causes appertaining to persons, who, for any offense, have been cast into gaol. Part of their authority was
In old English law. Justices appointed to try the cases of laboring men who would not work for the wages prescribed by the statute of laborers. 23 Edw. III.
In English law. This title is now usually coupled with that of "justices of assize"; the judges of the superior courts acting on their circuits in both these capacities. 8 Bl. Comm
judges of the oourte at /tvestminster, and who went twice in every year to every county of the kingdom (except London and Middlesex), and, at what was usually called the "assizes,"
The justices of the court of common bench or common pleas.
In old English law. Officers who had jurisdiction over all offenses committed within the j Eorest against vert or venison. The court wherein these justices sat and determined such
Hundredors; lords of the hundreds; they who had the jurisdiction of hundreds, and held the hundred courts.
Justices appointed by Richard I. to carry into effect the laws and orders which he had made for regulating the money contracts of the Jews. JUSTICES OF THE PAVILION {justiciarii pa
Public officers invested with judicial powers for the purpose of preventing breaches of the peace, and bringing to punishment those who have violated the law. 58 N. Y. 530. They ha
A sort of justice in eyre, with large and summary I powers, appointed by Edw. I. during his absence in war. Old. Nat. Brev. fol. 52; 12 Coke, 25. For derivation, see Cowell.
- Justiciardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
or JUSTICIER. In old English law. A judge or justice. Baker, fol. 118; Cron. Angl. One of several persons learned in the law, who sat in the OMla regis, and formed a kind of court
or JUSTITIARIUS (Law Lat.) In old English law. A justice. Magna Charta, 9 Hen. III. cc. 12, 13.
Another name for a judge. In Latin, he was called justicairius, and in French justicier. Not used. Brae. Abr. "Courts" (A).
The chief criminal court of Scotland. JUSTICIATUS (Law Lat. from justiciare, q. V.) In old English law. Judicature, prerogative, or jurisdiction. Blount. JUSTICIES (from justiciare
- Justifiable Homicidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Justifiable homicide is the necessary killing of another in the performance of the legal duty, or the exercise of a legal right, the slayer not being at all in fault. Homicide is j
- Justificationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In Torts. Facts making the act charged legally justiflabla legal right to do the act complained of by the plaintiflf. Justification admits the doing of the act charged as a wrong,
A kind of compurgators, or those who, by oath, justified the innocence or oaths of others, as in the case of wagers of law.
In practice. The production of bail in court, who there justify themselves against the exception of the plaintiff. See "Bail." JUSTITIA (Lat.) Justice; a jurisdiction, or the offic
QUIA nihil inlquius venal! justitia; plena, quia Justitia non debt ciaudicare; et celeris, quia dilatio est quaedam negatio. Justice ought to be unbought, because nothing is more h
VIZ., SEVERE puniens et vere praevenlens. Justice is double; punishing severely, and truly preventing.
et Aitfssimo complacens. Justice is an excellent virtue and pleasing to the Most High. 4 Inst 58.
By Justice the throne is established. 3 Inst. 140.
Jus-
NON differenda. Justice Is not to be denied nor delayed. Jenk. Cent. Cas. 76. JUSTITIA NON NOVIT PATREM NEC matrem; solum verltatem spectat Justitia. Justice knows neither father n
In civil law. A suspension or intermission of the administration of justice in courts; vacation time. Calv. Lex. JU8TIZA. In old Spanish law. A supreme judge; a judicial magistrate
- Jus Tripertitumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In the Roman law. The law of wills. Sir Henry Maine says that it is so called because of its three-fold derivation from the imperial constitutions, the civil law, and the praetoria
PROPRIETATIS, possessionis, et possibilitatls. Right is three-
In Roman law. A right or privilege allowed to the parent of three or more children. 2 Kent, Comm. 85; 2 Bl. Coram. 247. These privileges were an exemption from the trouble of guard
- Jus Venandi Et Piscandidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The right of hunting and fishing. JUS VENDIT QUOD USUS APPROBAVit. The law dispenses what use has approved. EUesmere, Postn. 35, JUSJURANDI FORMA VERBIS DIFfert, re convenit; hunc
(Lat.) (Youths or young men.) In old English law. Inferior clerks of chancery, so called. Crabb's Hist. Eng. Law, 184. JUXTA (Lat.) According to. 1 Ld. Raym. 415. The same as secun
In Spanish law. The collective number of judges that concur in a de- K K. B. An abbreviation for "king's bench" (q. v.). KAIA (Law Lat.) A key, kay, or quay. Spelman. KAIAGIUM (Law
In Scotch law. A payment of fowls, etc., reserved in a lease. It is derived from canum, a word used in ancient grants to signify fowls or animals deliverable by the vassal to his s
Rural chapters, or conventions of the rural deans and parochial clergy, which were formerly held on the calends of every month; hence the name. Par. Ant. 604.
The original form of "calendar." KALENDARIUM (Lat.) In civil law. A calendar; a book of accounts, memorandum book, or debt books; a book in which accounts were kept of moneys loane
See "Calends."
{Charaxare, Law Lat.) In old records. To mark; to put down in characters or letters; to write. Spelman. KARL (Sa Xon). In Saxon and old English law. A man; a serving man. Buskarl,
- Keelagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
The right of demanding money for the bottom of ships resting in a port or harbor. The money so paid is also called "keelage." ship by means of ropes from the yard- arms; a punishme
- Keelsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
This word is applied, in England, to vessels employed in the carriage of coals. Jacob.
- Keepdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A strong tower or hold in the middle of any castle or fortification, wherein the besieged make their last efforts of defense, was formerly, in England, called a "keep"; and the inn
The words "bear arms" as used in the constitutional provision have reference to their military use, and the wearing of them in war or in peace, 3 Heisk. 194, and were not employed
One who has the care, custody or superintendence of anything. 67 111. 590. KEEPER OF THE FOREST (called, also, the "chief warden of the forest"). An officer who had the principal g
A judicial officer who is, by virtue of his office, a lord and a member of the privy council. Through his hands pass all charters, commissions, and grants of the crown, to be seale
- Keeper Of The Privy Sealdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The officer through whose hands go allj charters, pardons, etc., signed by the king before going to the great seal, and some which do not go there at all. He is of the privy counci
The master of the assay in the English mint. 12 Hen. VI. c. 14,
In English bankruptcy law. The act of a trader in withdrawing to a secret part of the house, refraining from going to business, or confining himself to the house for the purpose of
It was necessary for students in the Inns of Court to keep twelve terms, comprising three years, for admission to the English bar. Each term was three or four weeks, including one
As applied to a place of business, implies "a readiness to carry on the usual business therein." 16 Mich. 477.
To refrain from any breach of the peace {q. v.).
An edict or award between Henry III. and those who had been in arms against him; so called because made at Kenilworth Castle, in Warwickshire, A. D. 1266. It contained a compositio
In Scotch law. The ascertainment by a sheriff of the just, proportion of the husband's lands which belongs to the widow in virtue pf her terce or third. An assignment of dower by s
In maritime law. A permanent ballast, consisting usually of pigs of iron, cast in a particular form, or other weighty material, which, on account of its superior cleanliness, and t
The division of a county; a hundred in Wales, See "Cantred."
The expression as used in modern times, amounts to the same 616.
- Keyagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A toll paid for loading and unloading merchandise at a key or wharf.
- Keysdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Of Court. In old Scotch law. Certain officers of courts. See "Claves Curiae," Of the Isle of Man. The twenty-four chief commoners, who form the local legislature. 1 Steph. Comm. 99
A guardian, warden, or keeper. Mon. Angl. tom. 2, p. 71.
An engrosser of corn to enhance its price,
The forcible abduction or stealing away of a man, woman, or ohild from their own country, and sending them into another. 4 Bl. Comm. 219. Statutory definitions are somewhat differe
A measure of capacity, equal to eighteen gallons.
An ancient servile payment made by tenants in husbandry. Cowell.
- Killdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)
(1) A Dutch word, meaning the channel or bed of a stream. Sometimes applied to the stream itself. 1 Copst. (N. Y.) 107. (2) An Irish word, meaning church or cemetery. Enc. Lond.
A custom by which lords of manors were bound to provide a stallion for the use of their tenants' mares. Spelman.
- Kindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Rslation or relationship by blood or consanguinity. "The nearness of kin is computed according to the civil law." 2 Kent, Comm. 413.
A garden of children was devised by Froebel, a German philosopher and educator, to apply to a system which he elaborated for the instruction of children of very tender years. "Chil
- Kindreddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Relations by blood. Nature has divided the kindred of every one into three principal classes: (1) His children, and their descendants. (2) His father, mother, and other ascendants.
The chief magistrate of a kingdom, vested usually with the executive power. The following table of the reigns of English and British kings and queens, commencing with the Conquest,
A country where an officer called a "king" exercises the of govdoms the executive officer may be a woman, who is called a "queen."
A royal aid; an escuage (q. v.).
A version of the Bible published in London in 1611. 245 111. 343.
- King's Benchdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
See "Court of King's Bench."
Those portions of the seas, adjacent to the coasts of Qr«at Britain, which are inclosed within headlatids, so as to be cut off from the open sea by imagfinary straight lines drawn
In feudal law. A widow of the king's tenant. She was not allowed to.remain without the king's consent, lest she thereby induct the king's enemy into the tenure. KINSBOTE (from kin,
A term used by merchants and seafaring men to signify a ship's ballast. Merc. Diet.
- Kirby's Questdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)Bouvier (1839)
An ancient record remaining with the remembrancer of the English exchequer. So called from being the inquest of John de Kirby, treasurer to Edward I.
- Kissing The Bookdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A ceremony used in taking the corporal oath; the object being, as the canonists say, to denote the assent of the witness to the oath in the form it is imposed. The witness kisses e
A false, dishonest, or deceitful person. This signification of the word has arisen by a long perversion of its original meaning, which was merely "servant" or "attendant"
In old English law. The portion of grain given to the servant in charge of a mill by tenants who were thirlpd to the mill.
- Knightdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In English law. The next personal dignity after the nobility. Of knights there are geveral orders and degrees. The first in rank are Knights of the Garter, instituted by Edward III
A court which used to be held twice a year by the bishop of Hereford.
or KNIGHTENGYLD. An ancient guild or society formed by King Edgar.
The character, dignity, or status of a knight.
See "Knight."
See "Knight."
The word is a compound word, and may comprehend many things. And therefore by the grant of this may pass land, meadow and pasture as parcel of it. Anciently so much of an inheritan
An order of knights that had their name from a hospital erected at Jerusalem for the use of pilgrims coming to the Holy Land', and dedicated to St. John Baptist. They were afterwar
See "Knight."
See "Knight"
See "Knight"
In English law. Members.of parliament representing counties or shires, in contradistinction to citizens or burgesses, who represent boroughs or corporations. So called because, as
Upon the Norman conquest, all the lands in England were divided into knight's fees, in number above sixty thousand; and for every knight's fee a knight was bound to attend the king