A dictionary of law : consisting of judicial definitions and explanations of words, phrases, and maxims : and an exposition of the principles of law: comprising a dictionary and compendium of American and English jurisprudence

1889·58.9 MB·English

by  Anderson, William C. (William Caldwell)

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DICTIONARY OF LAW,
CONSISTING OF
JUDICIAL DEFINITIONS AND EXPLANATIONS
OP ''
WOEDS, PHRASES, iKD MAXIMS,
AND AN
EXPOSITION OF THE PRNCIPLES OF LAW:
COMPRISMG A
Dictionary and Compendium of American
AND EnglishrURiSPRUDENCt.
BY, !, ,,/ [
WILLIA]/ C\^ANDERSON,
Of ti;Pennstlvanl» Bab.
/CHICAGO:
T. H. FLoip AND COMPAiTY,
Publishers.
i'^'w
1889.
B^L^H-I
TO
My
Father,
WILLIAM ANDERSON,
, THIS BOOK IS
Affectionately
Dedicated.

INTRODUCTION.
The title Dictionary ofLaw has been chosen for this book because it seeks to
define and otherwise explain law terms and expressions, to show the application
of legal principles, and to present judicial interpretations of common words and
phrases.
Similar productions, heretofore issued, aremarked, in the opinionofthe writer,
by the following imperfections:
1. Absence of judicial matter, especially of judicial definitions or interpreta-
tions and reasoning; also, dearth ofnon-technical terms as cross-references.
2. Neglect or omission ofimportant subjects, and needless repetition ofmatter
under different heads.
3. Inattention to pronunciation, and lack of discrimination in selecting words
for etymological explanation.
4. Omission of the names of the parties to important cases, and of the dates
when decisions were rendered.
5. The presence of thousands of obsolete Anglo-Saxon, Old English, Scotch,
Spanish, French, and civil law words and phrases, antiquated Norman andLatin
—
expressions, and matters of a purely non-legal character, a mass of material of
no use to student or practitioner, of interest to the legal antiquarian alone.
Inthepreparationofthiswork care has beentakennotto followinthe "beaten
path" of law dictionaries. Under the following heads its plan is set forth:
1. The different spellings ofterms arenoted,thepreferredspellingbeingplaced
first, with comment where pertinent.
2. The correct pronunciation of words often mispronounced is indicated, ac-
cording to Webster's Dictionary.
3. As to etymology, while the aim has been to discriminate between terms
whose origin is of no importance or interest and such as contain in their ancient
form somewhat oftheir present signification, the supposed origin of all technical
terms is stated.
4. The definitions are printed in the larger type, except where incorporated in
a paragraph along with explanatory matter.
The endeavor has been to find definitions framed by the courts, the highest
tribunals ofthis country receiving the preference. Some by text-writers also are
given. Where a court explains rather than defines a term (as, in a charge to a
jury), such explanation has generally been condensed. Definitions thought to
,
be too narrow or too broad in statement have been modified with a view to
greater fullness and clearness.
But all changes in the phraseology of definitions are indicated. A single
INTRODUCTION.
bracket [denotes that a slight or immateri—al change has been made; a double
bracket [ ] thatthe substance onlyis given that the definition is recast, orthat
a definition is constructed out of the language employed by the authority cited,
oris formed upon partial or incomplete definitions found in the accompanying
citations.
The absence of a bracket denotes that no change has been made in the lan-
guage of the court. This last class of definitions makes up the body of the
DiCTiON"AKT portion of the book, and constitutes one of the special features
—
mentioned its large number otjudicially/ framed definitions.
The word "whence," which will be noticed in the text immediately after
some definitions, does not necessarily mean that the word or words which follow
it are derivedfromthetitle word, but that theyarederivativesfrom the same root
—
word, the latter being sometimes included in the appended list. This is done
to avoid repetitions under different forms ofthe same word.
Expressions having the same initial word are placed underthat word, arranged
A
alphabetically with reference to the second word. Thus, mensa will be found
under A, and not between Amends and Amerce.
For typographical reasons, general cross-references have"been advanced to the
beginning of a few articles, and some common words, not originally intended for
definition, have been defined.
,
5. Synonym—s are treated under the leading wordof the group. For positives
andnegatives words beginningwithdis-, il-, in-, non-,re-, un-,reference should
be had to the simpleword, exceptwherethe negativeitself is theword mostused.
Examples, Dishonor, Insolvency, and Insanity.
6. The Latin and Norman-French law terms now in use have been collected,
and such maxims and phrases as student and practitioner alike meet in the books
they consult. The selection also includes important terms found in treatises on
Roman law, mention of the primitive meaning of terms current under new
applications, and explanation of a few terms in ancient law long obsolete but
occasionally referred to asofhistorical interest.
Bach Latin maxim or phrase is entered, in whole or in part, as a title or sub-
title under its initial word; but if that word is unimportant, like the particles
a, ah, con, de, in, nam,pro, qui, quod, ut, or is an adjective, a cross-reference is
made from such word to the principal word, under which the expression is ex-
plained at length.
7. Having given the origin of a term, and the senses inwhich it is used, where
the importance of the subject warrants it, the va—lue of the idea or the extent of
its application in the affairs of society is stated by comment, more or less ex-
tended, or by reference to a related topic under which such information may be
found. These remarks, which are printed in the smaller type and compose the
Commentary portion of the work, consist, in brief, of matters pertaining, it is
believed, to every recognized branch of the law, and set forth the "reasoning of
the law" itself.
For English common law antedating the adoption ofthe Constitution, I have
relied chiefiy upon the commentaries ofBlackstone, making my own abridgment