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
Usury. Cowell.
A sheriff; the ancient name for an earl.
A tax paid to sheriffs for keeping the shire or county court. Cowell.
The name of an act passed in the reign of Queen Anne, which restrained Protestant dissenters from educating their own children, and forbade all tutors and schoolmasters to be prese
Science signifies knowledge, the knowledge of many. It springs from the recognition of the existence of general truths or laws, to which the relation of things and their operation
An abbreviation of scire facias, (q.v.) SCILICET (Lat. scire, to know, licet, it is permitted; you may know; translated by "to wit," in its old sense of "to know"). That is to say;
Any material evidence which, taken as true, would tend to establish the issue in the mind of a Juror. It has been stated that to' warrant the submission of a case to the jury "a me
You ought to know with whom you deal. 11 Mees. & W. 405, 632; 13 Mees. & W. 171. SCIRE FACIAS (Lat. that you make known). The name of a writ (and of the whole proceeding) founded o
In English law. The name of a writ formerly used to recover the amount of a judgment from an executor. The history of the.origin of the writ is as follows: When, on an execution de
NON HOC EST VERBA earum tenere, sed vim et potestatem. To know the laws is not to observe their mere words, but their force and power. Dig. 1. 3. 17.
REM RATIONE et per causam cognoscere. To know properly is to know a thing by its cause and in its reason. Co. Litt. 183.
The setting or standing of any place; the seat or situation of a capital messuage, or the ground on which it stood. Jacob.
- Scolddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
A woman who, by her habit of scolding, becomes a nuisance to the neighborhood, is called a "common scold." See "Common Scold."
Scolding is mere clamor, railing, personal reproof. 137 Wis. 506, 517.
AND LOT. In English law. The name of a customary contribution laid upon all the subjects according to their ability.
An extortion by officers of the forests who kept ale houses, and compelled people to drink there under fear of their displeasure, Charta de Foresta, c. 7; Manw. For. Laws, pt. 1, 2
Peers of the kingdom of Scotland. Of these sixteen are elected by the rest, and represent the whole body. They are elected for one parliament only. See 6 Anne, c. 23, amended by 10
Assessments by commissioners of sewers.
To pay scot, tax, or customary dues. Cowell.
- Scrawldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
A mark which Is to supply the place of a seal. 2 Pars. Cont. 100. See "Scroll." SCRIBA (Lat. from seribere, to write). A scribe; a secretary. Scriba regis, a king's secretary; a ch
- Scribere Est Ageredefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Stimson (1881)
To write is to act. 2 Ro Ue, 89; 4 Bl. Comm. 80.
- Scripdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
A certificate or schedule. Evidence of the right to obtain shares in a public company; sometimes called "scrip certificate," to distinguish it from the real title to shares. Wharto
- Scriptdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The original or principal instrument, where there are part and counterpart. SCRIPTAE OBLIGATIONES SCRIPTIS tolluntur, et nudi consensus obllgatio, contrario consensu dissolvitur. W
- Scrivenerdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
A person whose business It is to write deeds and other instruments for others; a conveyancer. Money scriveners are those who are engaged in procuring money to be lent on mortgages
- Scrolldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A printed or written mark Intended to supply the place of a seal. See "Seal." SCRUET ROLL (called, also, scruet finium, or simply scruet). In old English law. A record of the bail
See "De Scutagio Habendo." SCYRA (Law Lat.) In old English law. Shire; county; the inhabitants of a county. Writ cited. Hale, Hist. Com. Law, 119. A fine imposed upon such as negle
The name of a court the principal court among the Saxons. It was holden twice a year for determining all causes, both ecclesiastical and secular. SE DEFENDENDO (Lat.) Defending him
The ocean; the great mass of water which surrounds the land, and which extends from pole to pole, covering nearly three-quarters of the globe. Waters within the ebb and flow of the
Assaults by masters in the merchant service upon seamen at sea.
Anciently, wax with an impression. Sigillum est cera impressa quia cera sine impressione non est sigillum. 3 Inst. 169; 21 Pick. (Mass.) 417; 2 Caines (N. Y.) 362. In more modern l
Maritime laws, aa those of Oleron, Wisbuy, and the Hanse Towns.
In conveyancing. The common formula of attestation of deeds and other instruments, written immediately over the witnesses' names. This has been retained without change from the old
A writing, the maker of which has affixed his seal, or that, which is the legal equivalent of a seal, in addition to his signature. Formerly the seal alone was sufficient if it ide
or SEA BRIEF. In maritime law. A document which should be found on board of every neutral ship. It specifies the nature and quantity of the cargo, the place from whence it comes, a
In practice. The putting a verdict in writing, and placing it in an envelope, which is sealed. To relieve jurors after they have agreed, it is not unusual for the counsel to agree
In English practice. The office at which certain judicial writs are sealed with the prerogative seal, and without which they are of no authority. The officer whose duty it is to se
The seal used by the United States in congress Arms: Paleways of thirteen pieces, argent and gules; a chief azure; the escutcheon on the breast of the American eagle displayed prop
A document issued by the lord chancellor, previously to the commencement of the sittings, detailing the business to be done for each day in his court, and in the courts of the lord
In Louisiana. A method of taking the effects of a deceased person into public custody. On the death of a person, according to the laws of Louisiana, if the heir wishes to obtain th
- Seamandefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Kinney (1893)Anderson (1889)Abbott (1879)
A sailor; a mariner; one whose business is navigation. 2 Boul. P. Dr. Cora. 232; Code de Commerce, art. 262; Laws of Oleron, art. 7; Laws of Wisbuy, art. 19. In a statute, it has b
The skill of a good seaman; an acquaintance with the art of navigating and managing a ship or other vessel.
- Searchdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In Criminal Law. An examination of a man's house, premises, or person, for the purpose of discovering stolen or contraband goods, or proof of his guilt in relation to some crime or
RIGHT OF. In international law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe this is called the "rig
In English law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited or unaccustomed goods on bo
In practice. A warrant requiring the officer to whom it is addressed to search a house, or other place, therein specified, for stolen, contraband or illicit property therein, and,
An officer in maritime towns and places, who takes care of the maritime rights of the lord of the manor, watches the shore, and collects the wreck.
That space of land on the border of the sea which is alternately covered and left dry by the rising and falling of the tide; or, in other words, that space of land between high and
In old American law. The Dutch name for wampum, or Indian money, which consisted of perforated beads, manufactured from the inside of shells, and strung together. O'Callaghan's N.
A species of grass which grows in the sea. When cast upon land, it belongs to the owner of the land adjoining the seashore, upon the grounds that it increases gradually, that it is
In maritime law. The sufficiency of the vessel in materials, construction, equipment, officers, men, and outfit, for the trade or service in which it is employed. 5 M. & W. 414, 9
In medical Jurisprudence. Religious insanity; demonomania.
A want of remedy by distress. Litt. § 218. See "Rent." Want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Co, Litt. 151b
- Secondarydefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In English law. An officer courts of king's bench or common pleas; secondary of the remembrancer in the exchequer, etc. Jacob. In Medical Practice. Secondary is the term for a dise
A kind of appendancy or appurtenancy of one easement to or upon another easement, passing with the principal easement, as being necessary or convenient to the enjoyment of the same
That species of proof which is admissible on the loss of primary evidence, and which becomes by that event the best evidence. 3 Bouv. Inst, note 3055. See "Evidence."
A use limited to take effect in derogation of a preceding estate, otherwise called a "shifting use," as a conveyance to the use of A. and his heirs, with a proviso that, when B. re
- Second Deliverancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
In practice. The name of a writ given by the statute of Westminster II. (13 Edw. I. c. 2), founded on the record of a former action of replevin, 2 Inst. 341. It commands the sherif
By 17 Car. It. c. 7, § 4, in all cases where the value of the cattle distrained shall not be found to be of the full value of the arrears distrained for, the party to whom such arr
Hearsay, because the facts were perceived or discovered by some other than the witness testifying or by an agency extraneous to that producing the evidence offered.
- Secondsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
Assistants at a duel. They are equally guilty with the principals under many of the statutes against duelling. See "Duelling."
WRIT OF. The name of a writ issued in England against a commoner who has a second time surcharged the common. 3 Bl. Comm. 239.
An officer His salary is fixed by the act of congress of May 1, 1810 (section 1), at such a sum as the president of the United States may allow, not exceeding two thousand dollars.
The word "secretary" is synonymous with the word "clerk" or "scribe," and it means a person employed to write orders, records and the like, so that the title "Secretary of State,"
A secret committee of the house of commons is a committee specially appointed to investigate a certain matter, and to which secrecy^ being deemed necessary in furtherance of its ob
- Secret Partnershipdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
See "Partner."
Where a testator gives property to a person, on a verbal promise by the legatee or devisee that he will hold it in trust for another person, this is called a "secret trust." The En
Suit due a public bake house.
In old English law. A service which a man is bound to perform by his fee.
A service arising from the usage, time out of mind, of carrying corn to a particular mill to be ground. 3 Bl. Comm. 235. A writ adapted to the injury lay at the old law. Fitzh. Nat
Suit due a man's kiln or malt house. 3 Bl. Comm. 235.
Suit at court. The service due from tenants to the lord of attending his courts baron, both to answer complaints alleged against themselves, and for the trial of their fellow tenan
A suit so called by which all persons were bound twice in the year to attend in the sheriff's tourn, in order that they might be informed of things relating to the public peace. It
Suitors of court who, among the Saxons, gave their judgment or verdict in civil suits upon the matter of fact and law. 1 Reeve, Hist. Eng. Law, 22. acres, established by the United
A parcel of government land containing six hundred and forty acres. The lands of the United States are surveyed into parcels of six hundred and forty acres; each such parcel is cal
- Secundumdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
According to. Secundum Aequum et Bonum. According to what is just and right. Secundum Allegata et Probata. According to that which is alleged and proved. Secundum Consuetudlnem Man
In old English Law. Security; surety. In the Civil Law. An acquittance or release. Spelman; Calv. Lex.
An ancient writ, lying for the sovereign, against any of his subjects, to stay them from going out of the kingdom to foreign parts; the ground whereof is that every man is bound to
- Securitydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
That which renders a matter sure; an instrument which renders more certain the performance of a contract. Anything that makes money more assured in its payment, or more readily rec
Security given by a party to an action to pay any costs which may be adjudged against him therein. Such security is required by statute in various cases, as on appeal, on the bring
Giving surety of the peace (q. v.) SECURIUS EXPEDIUNTUR NEGOTIA commissa pluribus, et plus vident oculi quam oculus. Business Intrusted to several speeds best, and several eyes see
ACTS OF. In Scotch law. Certain ancient ordinances of the court of session, conferring upon the courts power to establish general rules of practice. Bell, Diet.
- Seditiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
In criminal law. The raising commotions or disturbances in the state. 195 Mich. 293. It is a revolt against legitimate authority. Ersk. Inst. 4. 4. 14; Dig. 49. 16. 3. § 19, not am
or NUTE (Law Fr.) Night. Britt. con- c. 80. 30; NYMPHOMANIA. Erotic insanity manifested in a female. It is said to be distinguished from erotomania, in that it prochil- ceeds from
- Seductiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
As a Tort. At common law, the act of a man in inducing a woman to have unlawful sexual intercourse with him. The use of seductive arts was not essential. The woman herself had no a
or SEIGNEUR. Among the feudists, this name signified lord of the fee. Fitzh. Nat. Brev. 23. The most extended signification of this word includes not only a lord or per of parliame
A royalty or prerogative of the sovereign, whereby an allowance of gold and silver, brought in the mass to be exchanged for coin, is claimed. In the United States. The mint charge
A female superior.
- Seigniorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
In EJng Ush law. The rights of a lord, as such, in lands. Swinb. Wills, 174.
The precise technical phrase to express a fee simple in possession in a corporeal hereditament, the words "in demesne" signifying that he is seised as owner of the land itself, and
In old English law. Seised; possessed.
- Seisindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The completloli of the feudal Investiture, by which the tenant was admitted into the feud, and performed the rites of homage and fealty. Stearns, Real Actions, 2. Possession with a
LIVERY OF. See "Livery of Seisin."
Seisin makes the stock. 2 Bl. Comm. 209; Broom, Leg. Max. (3d London Ed.) 466; 1 Staph. Comm. 367; 4 Kent, Comm. 388, 389; 13 Ga. 238.
A writ for delivery of seisin to the lord, of lands and tenements, after the sovereign, in right of his prerogative, had - had the year, day, and waste on a felony committed, etc.
In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since converted into a payment in money, proportioned to
See "Seisin."
Taking the best beast, etc., where an heriot is due, on the death of the tenant. 2 Bl. Comm. 422.
- Seizuredefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Bouvier (1839)
In practice. A forcible taking possession. 62 L. J. Q. B. 343; 10 Q. B. D. 432. The act of taking possession of the property of a person condemned by the judgment of a competent tr
Choice; to choose; to take one thing rather than another. 61 111. 119. To pick out or take from among a number. There can be no selection, where there is nothing left. One may take
The name of certain town officers in several states of the United States, who are invested by the statutes of the states with extensive powers for the conduct of the town business.