Legal Definitions of Interest

Posted by Sean on 4th December 202216th December 2022

4 December 2022

A dip into some legal word definitions to better help you understand the literature that comes through your door.

“To consent is to remove the mistake”.

ACT OF GOD
An act occasioned exclusively by violence of nature without the interference of any human agency. It means a natural necessity proceeding from physical causes alone without the intervention of man. It is an act, event, happening, or occurrence, a disaster and effect due to natural causes and inevitable accident, or disaster; a natural and inevitable necessity which implies entire exclusion of all human agency which operates without interference or aid from man and which results from natural causes and is in no sense attributable to human agency. It is an accident which could not have been occasioned by human agency but proceeded from physical causes alone. In the civil law, vis major. Any misadventure or casualty is said to be caused by the “act of God” when it happens by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of man and without human intervention, and is of such a character that it could not have been prevented or escaped prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence, or by the aid of any appliances which the situation of the party might reasonably require him to use. Inevitable accident, or casualty; any accident produced by any physical cause which is irresistible, such as lightning, tempests, perils of the seas, an inundation, or earthquake; and also the sudden illness or death of persons. Inevitable accident or casualty. not preventable by human care, skill, or foresight, but resulting from natural causes. Misfortunes and accidents arising from inevitable necessity which human prudence could not foresee or prevent. and changes in the styles of wearing apparel, are not “acts of God” ; otherwise, however, as to a strike, accompanied with violence and intimidation, The term is sometimes defined as equivalent to inevitable accident; but incorrectly, as there is a distinction between the two. See Inevitable Accident; Perils of the Sea.
Blacks 4th

ACT OF PROVIDENCE
An accident against which ordinary skill and foresight could not guard. Equivalent to “act of God,” see supra.
Blacks 4th

SUPRA
Lat. Above; upon. This word occurring by itself in a book refers the reader to a previous part of the book, like “ante;” it is also the initial word of several Latin phrases.
Blacks 4th

SPIRITUAL
1. Consisting of spirit; not material; incorporeal; as a spiritual substance or being. The soul of man is spiritual.
2. Mental; intellectual; as spiritual armour.
3. Not gross; refined from external things; not sensual; relative to mind only; as a spiritual and refined religion.
4. Not lay or temporal; relating to sacred things; ecclesiastical; as the spiritual functions of the clergy; the lords spiritual and temporal; a spiritual corporation.
5. Pertaining to spirit or to the affections; pure; holy.
Gods law is spiritual; it is a transcript of the divine nature, and extends its authority to the acts of the soul of man.
6. Pertaining to the renewed nature of man; as spiritual life.
7. Not fleshly; not material; as spiritual sacrifices. 1 Pet 2.
8. Pertaining to divine things; as spiritual songs. Eph 5.
Spiritual court, an ecclesiastical court; a court held by a bishop or other ecclesiastic.
Webster’s 1828

NATURAL
The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in opposition to the term “legal;” and then it means proceeding from or determined by physical causes or conditions, as distinguished from positive enactments of law, or attributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions.
Blacks 4th

DIVINE RIGHT OF KINGS
The right of a king to rule as posited by the patriarchal theory of government, especially under the doctrine that no misconduct and no dispossession can forfeit the right of a monarch or his heirs to the throne, and to the obedience of the people. Webster, Dict. This theory “was in its origin directed, not against popular liberty, but against papal and ecclesiastical claims to supremacy in temporal as well as spiritual affairs.” Figgis, “The Theory of the Divine Right of Kings.”
Blacks 4th

NAME
The designation of an individual person, or of a firm or corporation. A person’s “name” consists of one or more Christian or given names and one surname or family name. It is the distinctive characterisation in words by which one is known and distinguished from others, – and description, or abbreviation, is not the equivalent of a “name.”
Custom gives one” his father’s family name, and such praenomina as his parents choose to put before it, but this is only general rule, from which individual may, depart, if he choose. As to the history of Christian names and surnames and their use and relative importance in law
Blacks 4th

NOMEN
Lat. In the civil law, a name; the name, style, or designation of a person. Properly, the name showing to what Bens or tribe he be- longed, as distinguished from his own individual name, (the prcenomen,) from his surname or fami- ly name, (cog?wmen,) and from any name added by way of a descriptive title, (agnomen.) The name or style of a class or genus of persons or objects. A debt or a debtor. Ainsworth; Calvin.
Blacks 4th

AGNOMEN
Lat. An additional name or title; a nickname. A name or title which a man gets by some action or peculiarity; the last of the four names sometimes given a Roman. Thus, Scipio Africanus, (the African,) from his African victories.
Blacks 4th

BORN
1080. γεννάω gennaō; from γέννα genna (descent, birth); to beget, to bring forth — bear, bearing children, became the father of, became…father, begotten, bore, born, Child, conceived, father, Father, gave, gives birth, produce.
Again 509. ἄνωθεν anōthĕn, an´-o-then; from 507; from above; by anal. from the first; by impl. anew:— from above, again, from the beginning (very first), the top.
IDENTICAL. Exactly the same for all practical purposes.
A child en venire sa mere
If an infant is born dead or at such an early stage of pregnancy as to be unable to live, it is to be considered as never born.
Blacks 4th

BORN ALIVE
Where child, although it never cried, breathed and its heart beat some minutes, it was “born alive.”
A child never heard to cry, but whose heart beats could be heard, though no respiration could be induced, was “born alive.”
Blacks 4th

POST NATUS
Born afterwards. A term applied by old writers to a second or younger son. It is used in private international law to designate a person who was born after some historic event, (such as the American Revolution or the act of union between England and Scotland,) and whose rights or status will be governed or affected by the ‘question of his birth before or after such event.
Blacks 4th

CHRISTIAN NAME
The baptismal name as distinct from the surname. Stratton v. Foster, 11 Me. 467. The name which is given one after his birth or at baptism, or is afterward assumed by him in addition to his family name.
A Christian name may consist of a single letter. There is no presumption that letters are not themselves Christian names, and where a letter or letters appear before a surname they are treated, in the absence of any showing to the contrary, as the Christian name.
Blacks 4th

CHRISTIAN NAME
The baptismal name distinct from the surname. Stratton v. Foster, 11 Me. 467. It has been said from the bench that a Christian name may consist of a single letter. Wharton.
Blacks 2nd

CHRISTIAN-NAME
n. The name given in baptism, as distinct from the gentilitious or surname.
Webster’s 1828

TRUTH
n.
1. Conformity to fact or reality; exact accordance with that which is, or has been, or shall be. The truth of history constitutes its whole value. We rely on the truth of the scriptural prophecies.
My mouth shall speak truth. Prov 8.
Sanctify them through thy truth; thy word is truth. John 17.
2. True state of facts or things. The duty of a court of justice is to discover the truth. Witnesses are sworn to declare the truth, the whole truth, and nothing but the truth.
3. Conformity of words to thoughts, which is called moral truth.
Shall truth fail to keep her word?
4. Veracity; purity from falsehood; practice of speaking truth; habitual disposition to speak truth; as when we say, a man is a man of truth.
5. Correct opinion.
6. Fidelity; constancy.
The thoughts of past pleasure and truth.
7. Honesty; virtue.
It must appear
That malice bears down truth.
8. Exactness; conformity to rule.
Webster’s 1828

HI’EROGLYPH
HIEROGLYPH’IC noun [Gr. sacred, and to carve.]
1. In antiquity, a sacred character; a mystical character or symbol, used in writings and inscriptions, particularly by the Egyptians, as signs of sacred, divine, or supernatural things. The hieroglyphics were figures of animals, parts of the human body, mechanical instruments, etc., which contained a meaning known only to kings and priests. It is supposed they were used to vail morality, politics, etc., from vulgar eves.
2. Pictures intended to express historical facts; supposed to be the primitive mode of writing.
3. The art of writing in picture.
[oration, Fr. oratio, Lat.] A speech made according to the laws of rhetorick; a harangue; a declamation.
Webster’s 1828

ASSUME
To pretend. To undertake; engage; promise. To take to or upon one’s self. Also taking up, receiving, adopting, taking to oneself, or to put on deceitfully, take appearance of, affect, or outwardly seem.To take on, become bound as another is bound, or put oneself in place of another as to an obligation or liability.
Blacks 4th

DISTINCT
Clear to the senses or mind; easily perceived or understood; plain; unmistakable.
Evidently not identical; observably or decidedly different.
Distinguished by nature or station; not the same; different in the place or the like; separate; individual; that which is capable of being distin- guished; actually divided or apart from other things.
Blacks 4th

BIRTH
n. berth. [L. partus, the participle of pario, to bear.]
1. The act of coming into life, or of being born. Except in poetry, it is generally applied to human beings; as the birth of a son.
2. Lineage; extraction; descent; as, Grecian birth.
It is used of high or low extraction; but is often used by way of distinction for a descent from noble or honourable parents and ancestors; as a man of birth.
3. The condition in which a person is born.
A foe by birth to Troy.
4. That which is born; that which is produced, whether animal or vegetable.
5. The act of bringing forth; as, she had two children at a birth.
6. In a theological sense, regeneration is called the new birth.
7. Origin; beginning; as the birth of an empire.
BIRTH,BERTH, n. A station in which a ship rider. [See Berth.]
Webster’s 1828

LEGAL TITLE
One cognizable or enforceable in a court of law, or one which is- complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person be- ing equitably entitled thereto; in either case, the antithesis of “equitable title.”
Blacks 4th

LEGAL
1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law.
2. Proper or sufficient to be recognised by the law; cognizable in the courts; competent or adequate to fulfil the requirements of the law.
3. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law, in contradistinction to rules of equity.
4. Posited by the courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof; e. g., legal malice. See Lawful.
5. Created by law.
6. Lawful; of or pertaining to law.
Blacks 4th

LE’GAL
a. [L. legalis, from lex, legis, law.]
1. According to law; in conformity with law; as a legal standard or test; a legal procedure.
2. Lawful; permitted by law; as a legal trade. Anything is legal which the laws do not forbid.
3. According to the law of works, as distinguished from free grace; or resting on works for salvation.
4. Pertaining to law; created by law.
Webster’s 1828

LEGAL CONCLUSION
A statement of legal duty without stating fact from which duty arises.
Blacks 4th

LEGAL RIGHT
Natural rights, rights existing as result of contract, and rights created or recognised by law.
Blacks 4th

FICTITIOUS NAME
A counterfeit, feigned, or pretended name taken by a person, differing in some essential particular from his true name, (consisting of Christian name and patronymic,)
Blacks 4th

NICKNAME
n. [G. To banter. Signifies to surname, to call by a name of reproach.] A name given in contempt, derision or reproach; an opprobrious appellation.
NICKNAME, v.t. To give a name of reproach; to call by an opprobrious appellation.
You nickname virtue vice.
Webster’s 1828

SUR’NAME
n. [L. super and nomen.]
1. An additional name; a name or appellation added to the baptismal or christian name, and which becomes a family name. Surnames, with us, originally designated occupation, estate, place of residence, or some particular thing or event that related to the person. Thus William Rufus or red; Edmund Ironsides; Robert Smith, or the smith; William Turner.
2. An appellation added to the original name.
Webster’s 1828

SURNAME
The family name; the name over *and above the Christian name. The part of a name which is not given in baptism; the name of a person which is derived from the common name of his parents; The last name; the name common to all members of a family. A patronymic.
Blacks 4th

LEGAL NAME
Under common law consists of one Christian name and one surname, and the insertion, omission, or mistake in middle name or initial is immaterial.
Blacks 4th

LEGAL TITLE
One cognisable or enforceable in a court of law, or one which is- complete and per- fect so far as regards the apparent right of own- ership and possession, but which carries no bene- ficial interest in the property, another person be- ing equitably entitled thereto; in either case, the antithesis of “equitable title.” Tobin v. Gartiez, 44 Nev. 179, 191 P. 1063, 1064; Union Tanning Co. v. Lowe, 148 Tenn. 407, 255 S.W. 712, 714
Blacks 4th

LEGAL RIGHT
Natural rights, rights existing as result of contract, and rights created or recog- nized by law. Fine v. Pratt, Tex.Civ. App., 150 S. W.2d 308, 311.
Blacks 4th

SIGNATURE
The act of putting down a man’s name at the end of an instrument to attest its va- lidity, the name thus written. A “signature” may be written by hand, printed, stamped, typewritten, engraved, photographed, or cut from one instru- ment and attached to another, and a signature lithographed on an instrument by a party is suf- ficient for the purpose of signing it; it being im- material with what kind of instrument a signa- ture is made. Smith v. Greenville County, 188 S.C. 349, 199 S.E. 416, 419. Maricopa County v. Osborn, 60 Ariz. 290, 136 P.2d 270, 274. And what- ever mark, symbol, or device one may choose to employ as representative of himself is sufficient. Griffith v. Bonawitz, 73 Neb. 622, 103 N.W. 327, 339. See Sign.
Blacks 4th

SIGN
To affix one’s name to a writing or in- strument, for the purpose of authenticating it, or to give it effect as one’s act. McCall v. Textile Industrial Institute, 189 N.C. 775, 128 S.E. 349, 353. To attach a name or cause it to be attached to a writing by any of the known methods of impress- ing a name on paper. In re Covington Lumber Co., D.C.Wash., 225 F. 444, 446. To affix a signa- ture to; to ratify by hand or seal; to subscribe in one’s own handwriting. Webster, Dict.; Knox’s Estate, 131 Pa. 230, 18 A. 1021, 6 L.R.A. 353, 17 Am.St.Rep. 798; In re Manchester’s Estate, 174 Cal. 417, 163 P. 358, 359, L.R.A.1917D, 629, Ann.Cas. 1918B, 227. See, also, Miner v. Larney, 87 N.J.L. 40, 94 A. 26, 28.
mark or sign Verb- (a document) with one’s initials in order to authorise or validate it.
Blacks 4th

IN’NOCENT
a. [L.innocens.]
1. Properly, not noxious; not producing injury; free from qualities that can injure; harmless; innoxious; as an innocent medicine or remedy.
2. Free from guilt; not having done wrong or violated any law; not tainted with sin; pure; upright. In this general sense, no human being that is a moral agent, can be innocent. It is followed by of.
3. Free from the guilt of a particular crime or evil action; as, a man is innocent of the crime charged in the indictment.
4. Lawful; permitted; as an innocent trade.
5. Not contraband; not subject to forfeiture; as innocent goods carried to a belligerent nation.
Webster’s 1828

GUILT
n. gilt.
1. Criminality; that state of a moral agent which results from his actual commission of a crime or offense, knowing it to be a crime, or violation of law. To constitute guilt there must be a moral agent enjoying freedom of will, and capable of distinguishing between right and wrong, and a wilful or intentional violation of a known law, or rule of duty. The guilt of a person exists, as soon as the crime is committed; but to evince it to others, it must be proved by confession, or conviction in due course of law. Guilt renders a person a debtor to the law, as it binds him to pay a penalty in money or suffering. Guilt therefore implies both criminality and liableness to punishment. Guilt may proceed either from a positive act or breach of law, or from voluntary neglect of known duty.
Webster’s 1828

BEARER
One who bears, carries, or holds a thing. Defined by the Negotiable Instruments Act as the person in possession of a bill or note which is payable to bearer.
When a check, note, draft, etc., is payable to “bearer,” it imports that the contents thereof shall be payable to any person who may present the instrument for payment.
Blacks 4th

LAST
n. In old English law, signifies a burden; also a measure of weight used for certain commodities of the bulkier sort.
Blacks 4th

BURTHEN
See Burden.]
Webster’s 1828

BURD’EN
n. burd’n; written also burthen. [L. fero,or porto.]
1. That which is borne or carried; a load. Hence,
2. That which is borne with labor or difficulty; that which is grievous, wearisome or oppressive.
3. A birth.
4. The verse repeated in a song, or the return of the theme at the end of each verse; the chorus; so called from the application of this word to the drone or base, and the pipe or string which plays it, in an instrument. A chord which is to be divided, to perform the intervals of music,when open and undivided, is also called the burden.
Webster’s 1828

UNCON’SCIONABLE
1. Unreasonable; exceeding the limits of any reasonable claim or expectation; as an unconscionable request or demand.
2. Forming unreasonable expectations. You cannot be so unconscionable as to expect this sacrifice on my part.
3. Enormous; vast; as unconscionable size or strides. [Not elegant.]
4. Not guided or influenced by conscience.
Webster’s 1828

HU’MAN
adjective [Latin humanus; Heb. form, species.]
1. Belonging to man or mankind; pertaining or relating to the race of man; as a human voice; human shape; human nature; human knowledge; human life.
2. Having the qualities of a man.
3. Profane; not sacred or divine; as a human author. [Not in use.]
Webster’s 1828

MONSTER
A prodigious birth; a human birth or offspring not having the shape of mankind,
which cannot be heir to any land, albeit it be brought forth in marriage.
Blacks 4th

MONSTER
physiology, persons. An animal which has a conformation contrary to the order of nature. Dunglison’s Human Physiol. vol. 2, p. 422.
2. A monster, although born of a woman in lawful wedlock, cannot inherit. Those who have however the essential parts of the human form and have merely some defect of coformation, are capable of inheriting, if otherwise qualified.
3. No living human birth, however much it may differ from human shape, can be lawfully destroyed.

CONFUSION
This term, as used in the civil law
and in compound terms derived from that source,
means a blending or intermingling, and is equivalent
to the term “merger” as used at common law.
Palmer v. Burnside, 1 Woods, 182 Fed. Cas. No.
10,685.

MISLEADING
Delusive; calculated to lead astray or to lead into error. In.structions which are of such a nature as to be misunderstood by the jury, or to give them a wrong impression, are said to be “misleading.”
Blacks 4th

MISTAKE
Some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. A mistake exists when a person, under some erroneous conviction of law or fact, does, or omits to do, some act which, but for the erroneous conviction, he would not have done or omitted.
It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence.
Blacks 4th

MISTAKE OF FACT
is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed.
Blacks 4th

SPECULA’TION
noun The act, practice or crime of defrauding the public by appropriating to one’s own use the money or goods entrusted to one’s care for management or disbursement; embezzlement of public money or goods.
Webster’s 1828

MISCARRIAGE
Practice. As used in the statute of frauds, (“debt, default, or miscarriage of another,”) this term means any species of unlawful conduct or wrongful act for which the doer could be held liable in a civil action.
Blacks 4th

MENTAL CAPACITY OR COMPETENCE
Contemplates the ability to understand the nature and effect of the act in which a person is engaged and the business he is transacting.
Such a measure of intelligence, understanding, memory, and judgment (relative to the particular transaction) as will enable the person to understand the nature of his act.
Blacks 4th

BELIEF
A conviction of the truth of a proposition, existing subjectively in the mind, and induced by argument, persuasion, or proof addressed to the judgment.
A conclusion arrived at from external sources after weighing probability. Ex parte State ex rel.
Conviction of the mind, arising not from actual perception or knowledge, but by way of inference, or from evidence received or information derived from others.
Blacks 4th

HALLUCINATION
In medical jurisprudence, a trick or deceit of the senses; a morbid error either of the sense of sight or that of hearing, or possibly of the other senses; a psychological state, such as would be produced naturally by an act of sense-perception, attributed confidently, but mistakenly, to something which has no objective existence; as, when the patient imagines that he sees an object when there is none, or hears a voice or other sound when nothing strikes his ear.
An error, a blunder, a mistake, a fallacy; and when used in describing the condition of a person, does not necessarily carry an imputation of insanity.
The perception by any of the senses of an object which has no existence. The conscious recognition of a sensation of sight, hearing, feeling, taste, or smell which is not due to any impulse received by the perceptive apparatus from without, but arises within the perceptive apparatus itself. A false perception in contradistinction to a delusion or false belief. Wood, Am. Text-Book of Med.
Hallucinations are tricks of the senses, differing from delusions in that hallucinations pass away while delusions remain.
Blacks 4th

IDIOT
A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Insanity.
Blacks 4th

IDIOT
A person who has been without under- standing from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Insanity. State v. Haner, 186 Iowa, 1259, 173 N.W. 225; Jones v. Commonwealth, 154 Ky. 752, 159 S.W. 568, 569.
IDIOTA. In the Civil Law. An unlearned, illi- terate, or simple person. Calvin. A private man; one not in office.
Blacks 4th

DUMMY
n. One who holds legal title for another; a straw man.
Space 61/2 feet in width between street railroad tracks.
Blacks 4th

JURISDICTION
in its most general sense, is the power to make, declare or apply the law; when confined to the judiciary department, it is what we denominate the judicial power, the right of administering justice through the laws, by the means which the laws have provided for that purpose. jurisdiction is limited to place or territory, to persons, or to particular subjects.
Webster 1828

DEVILLING
A term used in London of a barrister recently admitted to the bar, who assists a junior barrister in his professional work, without compensation and without appearing in any way in the matter.
Blacks 4th

TIMOCRACY
An aristocracy of property; gov- ernment by men of property who are possessed of a certain income.
Blacks 4th

INFORMATION
An accusation exhibited against a person for some criminal offence, without an indictment. An accusation in the. nature of an indictment, from which it differs only- in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath.
A written accusation sworn to before a magistrate, upon which, an indictment is afterwards founded.
The word is also frequently used in the law in its sense of communicated knowledge. And affidavits are frequently made, and pleadings and other documents verified, on “information and belief.”
Blacks 4th

HEARSAY
Evidence not proceeding from the personal knowledge of the witness, but from the mere repetition of what he has heard others say. That which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity.
It is second-hand evidence, as distinguished from original evidence; it is the repetition at second-hand of what would be original evidence if given by the person who originally made the statement. Literally, it is what the witness says he heard another person say. Evidence, oral or written, is hearsay when its probative force depends in whole or in part on the competency and credibility of a person other than the witness. Hearsay is a statement made by a person not called as a witness, received in evidence on the trial. The term is sometimes used synonymously with “report”, and with “rumor”.
Blacks 4th

PROVISION
Foresight of the chance of an event happening, sufficient to indicate that any present undertaking upon which its assumed realisation might exert a natural and proper influence was entered upon in full contemplation of it as a future possibility.
Blacks 4th

FRAME-UP
Conspiracy or plot, especially for evil purpose, as to incriminate person on false evi- dence.
Blacks 4th [Why all paperwork has frames and boxes]

FRAMED
When used to describe evidence, word is generally accepted as implying that willful per- jurers, suborned by and conspiring with parties in interest to litigation, are swearing or have sworn to matters without any basis in fact.
Blacks 4th

SURETY
“Surety” and “guarantor” are both answerable for debt, default, or miscarriage of another, but liability of guarantor is, strictly speaking, secondary and collateral, while that of surety is original, primary, and direct. In case of suretyship there is but one contract, and surety is bound by the same agreement which binds his principal, while in case of guaranty there are two contracts, and guarantor is bound by independent undertaking.
Blacks 4th

A surety is an insurer of the debt or obligation; a guarantor is an insurer of the solvency of the principal debtor or of his ability to pay.
Blacks 4th

CIVIL DEATH
The state of a person who, though possessing natural life, has lost all his civil rights, and as to them, is considered as dead. Quick v. Western Ry. of Alabama, 207 Ala. 376, 92 So, 608, 609. At common law, the extinction of civil rights and relations, so that the property of a person declared civilly dead passes to his heirs as if dead in fact. Holmes v. King, 216 Ala. 412, 113 So. 274, 276
Blacks 4th

AGE
is particularly used in law for those special times which enables persons of both sexes to do certain acts, which before, through want of years and judgment, they are prohibited to do. As for example, a man at twelve years of age ought to take the oath of allegiance to the king; at fourteen, which is his age of discretion, he may consent to marriage, and chuse his guardian; and at twenty-one he may alienate his lands: a woman at nine years of age is dowable, at twelve she may ·consent to marriage, at fourteen she is of years of discretion, and may chuse a guardian,’ and at twenty-one she may alienate her lands. The age of twenty-one is the full age of man or woman; which enables them to control: and manage for themselves, in respect of their estates: until which time they cannot act with security to those that deal with them, for their acts are in most cases either void or voidable. Blacks 4th

SE’CULAR adj
[secularis, Latin; seculier, French.]
Not spiritual; relating to affairs of the present world; not holy; worldly.
Johnson’s 1755

LAW OF TRADE-MARKS
A title may become a subject of property; as one who has adopted a particular title for a newspaper, or other business enterprise, may, by long and prior user, or by compliance with statutory provisions as to registration and notice, acquire a right to be protected in the exclusive use of it.
Blacks 4th

PUBLIC SEAL
A seal belonging to and used by one of the bureaus or departments of government, for authenticating or attesting documents, process, or records. An impression made of some device, by means of a piece of metal or other hard substance, kept and used by public authority.
Blacks 4th

PECULIAR
adj. Particular or special.
In ecclesiastical law. A parish or church in England which has jurisdiction of ecclesiastical matters within itself, and independent of the ordinary, and is subject only to the metropolitan.
Blacks 4th

DELIVERY
The act by which the res or substance thereof is placed within the actual or constructive possession or control of another.
In Medical Jurisprudence, the act of a woman giving birth to her offspring.
Blacks 4th

PACIFIST
One who seeks to maintain peace and to abolish war; one who refuses or is unwilling for any purpose to bear arms because of conscien- tious considerations, and who is disposed to en- courage others in such refusal.
Blacks 4th

INFIDEL
One who does not believe in the existence of a God who will reward or punish in this world or that which is to come. One who professes no religion that can bind his conscience to speak the truth. One who does not recognise the inspiration or obligation of the Holy Scriptures, or generally recognised features of the Christian religion.
Blacks 4th

PHARMAKEIA
5331. φαρμακεία pharmakeia; from φαρμακεύω pharmakeuō (to administer drugs); the use of medicine, drugs or spells:— sorceries, sorcery.
Blacks 4th

QUI PRIOR EST TEMPORE POTIOR EST JURE
He who is before in time is the better in right. Priority in time gives preference in law. A maxim of very extensive application, both at law and in equity
Blacks 4th

FEIGNED DISEASES
Simulated maladies. Dis- eases are generally feigned from one of three causes, fear, shame, or the hope of gain.
Blacks 4th

ESCAPE
The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law.
The voluntarily or negligently allowing any person lawfully in confinement to leave the place.
Blacks 4th

TO ESCA’PE
To obtain exemption from; to obtain security from; to fly; to avoid.
Webster’s 1828

CANNOT
Denotes that one is not able (to do some act). But the term is often equivalent to “shall not.”
Blacks 4th

EXEMPT
To release, discharge, waive, relieve from liability.
To relieve, excuse.
One who is free from liability to military service; as distinguished from a detail, who is one belonging to the army, but detached or set apart for the time to some particular duty or service, and liable, at any time, to be recalled to his place in the ranks. See Exempts.
Blacks 4th

UNCONSCIONABLE BARGAIN
All unconscion – able bargain or contract is one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.
Blacks 4th

MANDATARY
contracts. One who undertakes to perform a mandate.
Bouviers 1856 Dictionary

CONSCIENCE
The moral sense; the faculty of judging the moral qualities of actions, or of dis- criminating between right and wrong; particularly applied to one’s perception and judgment of the moral qualities of his own conduct, but in a wider sense, denoting a similar application of the standards of morality to the acts of others. The sense of right and wrong inherent in every person by virtue of his existence as a social entity; good conscience being a synonym of equity. In law, especially the moral rule which requires probity, justice, and honest dealing between man and man, as when we say that a bargain is “against conscience” or “unconscionable,” or that the price paid for property at a forced sale was so inadequate as to “shock the conscience.” This is also the meaning of the term as applied to the jurisdiction and principles of decision of courts of chancery, as in saying that such a court is a “court of conscience,” that it proceeds “according to conscience,”
Blacks 4th

NATURAL
The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in opposition to the term “legal;” and then it means proceeding from or de- termined by physical causes or conditions, as dis- tinguished from positive enactments of law, or at- tributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions.
Blacks 4th

UNALIENABLE
Inalienable; incapable of be- ing aliened, that is, sold and transferred.
Blacks 4th

FRAUD
An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to de – ceive another so that he shall act upon it to his legal injury. Any kind of artifice employed by one person to deceive another.
A generic term, embracing all multi- farious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. “Bad faith” and “fraud” are synonymous, and also synonyms of dishonesty, infidelity, faithlessness, perfidy, unfairness.
Blacks 4th

A BASTARD
After he hath gained a name by reputation, may purchase by his reputed name.
A woman was indicted by the name of Elisabeth Newman, Alias Judith Hancock. and it was quashed for that reason; because a person cannot have two christian names.
Blacks 4th

POTENTATE
A person who possesses great power or sway; a prince, sovereign, or monarch. By the naturalisation law of the United States, an alien is required to renounce all allegiance to any foreign “prince, potentate, or sovereign whatever.”
Blacks 4th

POSSESSION IS NINE-TENTHS OF THE LAW
This adage is not to be taken as true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his, but it places in a strong light the legal truth that every claimant must succeed by the strength of his own title, and not by the weakness of his antagonist’s.
Blacks 4th

ERROR OF FACT
That is called “error of fact” which proceeds either from ignorance of that which really exists or from a mistaken belief in the existence of that which has none.
Finding of fact contrary to the weight of the evidence is an error of fact. Error in Fact, supra.
Blacks 4th

FACSIMILE
An exact copy, preserving all the marks of the original.
Blacks 4th

GESTOR
In the civil law, one who acts for another, or transacts another’s business.
Blacks 4th

SUBJECT TO
Liable, subordinate, subservient, inferior, obedient to; governed or affected by; provided that; provided; answerable for.

ASSUME
To pretend. To undertake; engage; promise. To take to or upon one’s self. Also taking up, receiving, adopting, taking to oneself, or to put on deceitfully, take appearance of, affect, or outwardly seem. To take on, become bound as another is bound, or put oneself in place of another as to an obligation or liability. ASSUMED RISK. See Assumption of Risk.
Blacks 4th

MENS REA
A guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness
Blacks 4th

ABOVE
Higher; superior. As, court above, plaintiff or defendant above. Above all incumbrances means in excess thereof ; Principal; as distinguished from what is auxiliary or instrumental.
Bail to the action, or special bail, is otherwise termed bail above.Jurisdiction “above” the jurisdiction of justices of the peace. Synonymous with “without.
Blacks 4th

REMEDY
The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defence, recaption, distress, entry, abatement, and seizure; (2) by operation of law, as in the case of retainer and remitter; (3) by agreement between the parties, e. g., by accord and satisfaction and arbitration; and (4) by judicial remedy, e. g., action or suit.
Legal Remedy – a remedy available, under the particular circumstances of the case, in a court of law, as distinguished from a remedy available only in equity.
Blacks 4th

RELIEF
The assistance or support, pecuniary or otherwise, granted to indigent persons by the proper administrators of the poor-laws. Also wages paid in cash or in kind for public work because of need.
Deliverance from oppression, wrong, or injustice. In this sense it is used as a general designation of the assistance, redress, or benefit which a complainant seeks at the hands of a court, particularly in equity. It may be thus used of such remedies as specific performance, or the reformation or rescission of a contract; but it does not seem appropriate to the awarding of money damages.
Blacks 4th

PILGRIMS
παρεπίδημος parepidēmŏs, par-ep-id´-ay-mos; from 3844 and the base of 1927; an alien alongside, i.e. a resident foreigner:— pilgrim, stranger.
New American standard Hebrew-Aramaic dictionary

IN CHARGE OF
Means in the care or custody of, or intrusted to the management or direction of.
Blacks 4th

ARTIFICIAL PERSON
In a figurative sense, a body of men or company are sometimes called an artificial person, because the law associates them as one, and gives them various powers possessed by natural persons. Corporations are such artificial persons.
Blacks 4th

PRIVATE PERSON
An individual who is not the incumbent of an office.
Blacks 4th

REGISTRANT
One who registers; particularly, one who registers anything (e. g., a trade-mark) for the purpose of securing a right or privilege granted by law on condition of such registration
Blacks 4th

REGISTER
To record formally and exactly; to enroll; to enter precisely in a list or the like.To make correspond exactly one with another; to fit correctly in a relative position; to be in correct alignment one with another.
An officer authorised by law to keep a record called a “register” or “registry;” as the register for the probate of wills.
A book containing a record of facts as they occur, kept by public authority; a register of births, marriages, and burials.
Blacks 4th

INSINUATION
In the civil law. The transcription of an act on the public registers like our recording of deeds. It was not necessary in any other alienation but that appropriated to the pur- pose of donation.
Blacks 4th

BIRTHS
a stamp.duty is imposed upon the registering of every birth or christening. The same shall extend to all Protestant Dissenters.
Burn 1792
https://www.1215.org/lawnotes/dictionaries/1792_burn_a_new_law_dictionary.pdf

BIRTH
The act of being wholly brought into the world.
The conditions of live birth are not satis- fied when a part only of the body is born. The whole body must be brought into the world and detached from that of the mother, and after this event the child must be alive j 5 C. &; P. 829′; 7 id. 814. The circulating system must also be chanJred, child must have an Circulation; 5 C. &; P . 589 j 9 id. 1M; Tayl. Med. Jur. 591.
But it is not necessary that there should have been a separation of the umbilical cord. That may still connect the child with iIB mother, and yet the killing of it will constitute murder j 7 C. &; P. 814 j 9 id. 25. Bee 1 Beck, Med. JUT. 478 j 1 Chit. Med. Jur. 488; GESTA.TION; LIn.

NAME
See MISNOMER..
Blacks 4th

NAME Under common law consists of one Christian name and one surname, and the insertion, omission, or mistake in middle name or initial is immaterial. Langley v. Zurich General Accident & Liability Ins. Co., 97 Cal.App. 434, 275 P. 963, 965.
Blacks 4th

MISNOMER
The using one name for another.
Misnomer, where there is an original issued against a man or there is a bill of indictment exhibited against him, by a wrong Christian name; if proceedings were had upon that writ or indictment they could not finally affect him. If he was arrested upon process of such writ or indictment, he might have an action of trespass of false imprisonment against the officer; Nay if he made opposition, and killed him, it would be manslaughter. But notwithstanding all this, to prevent any possible danger to this man’s liberty or property, though he could not effectually be hurt by it, the law allows him time to come in and plead that misnomer to the writ or bill, and it shall abate for that reason, and the defendant not be put to answer though he is in court.

If the defendant omits to plead a misnomer, he may be taken in execution by the wrong name. If there be a corporation aggregate, as mayor and commonalty, dean and chapter, the mayor or dean need not be named by his christian name, because that such a corporation standeth in lieu both of the christian name and surname. A grant to one who is an esquire, by the name of such an one knight, ‘is void i because knight is part of the name of a man, as much as his christian name.
Blacks 4th

SANCTUARY
In old English law. A consecrated place which had certain privileges annexed to it, and to which offenders were accustomed to resort for refuge, because they could not be arrested there, nor the laws be executed.
Blacks 4th

CORPORATE SURETYSHIP
Accounting and Statistics ( ie. vital statistics ) ITS IN THE SPREADSHEET
“Preparation of Label”
“When the newborn bond has thus been christened with a number, its birth certificate is prepared, its genealogical record entered and the child adequately described for the archives of the company.
McGraw-Hill Series by CRIST

NOMINAL PARTY
Those who are joined as parties or defendants merely because the technical rules of pleading require their presence in the record. Yellow Cab & Baggage Co. v. Smith, Tex.Civ. App., 30 S.W.2d 697, 702. Those having no interest in immediate controversy, but having interest in subject-matter which may be conveniently settled in suit. Medico v. Employers’ Liability Assur. Corporation, 132 Me. 422, 172 A. 1, 3.
Blacks 4th

NOVATION
Substitution of new contract be- tween same or different parties. Alexander v. Manza, 22 N.J.Misc. 88, 36 A.2d 142, 148. The sub- stitution of a new debt or obligation for an exist- ing one. Hard v. Burton, 62 Vt. 314, 20 A. 269; McCartney v. Kipp, 171 Pa. 644, 33 A. 233. The substitution by mutual agreement of one debtor for another or of one creditor for another, where- by the old debt is extinguished

TENDER
An offer of money; the act by which one produces and offers to a person holding a
claim or demand against him the amount of mon- ey which he considers and admits to be due, in satisfaction of such claim or demand, without any stipulation or condition. Kastens v. Ruland, 94 N. J.Eq. 451, 120 A. 21, 22; Mondello v. Hanover Trust Co., 252 Mass. 563, 148 N.E. 136, 137; Woot- on v. Dahlquist, 42 Idaho, 121, 244 P. 407, 409; Mc- Call Co. v. Hobbs-Henderson Co., 138 S.C. 435, 136 S.E. 762, 763.

ELECTION
The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an al- ternative.
The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.
The selection of one person from a specified class to discharge certain duties in a state, corporation, or society.
Blacks 4th

ELEC’TION
noun [Latin electio.]
1. The act of choosing; choice; the act of selecting one or more from others. Hence appropriately,
Webster’s 1828

SLAVE noun
1. A person who is wholly subject to the will of another; one who has no will of his own, but whose person and services are wholly under the control of another. In the early state of the world, and to this day among some barbarous nations, prisoners of war are considered and treated as slaves. The slaves of modern times are more generally purchased, like horses and oxen.
Webster’s 1828

DIVORCE verb transitive
1. To dissolve the marriage contract, and thus to separate husband and wife.
2. To separate, as a married woman from the bed and board of her husband.
3. To separate or disunite things closely connected; to force asunder.
4. To take away; to put away.
Webster’s 1828

ABOVE
Higher; superior. As, court above, plaintiff or defendant above. Above all incumbrances means in excess thereof. Principal; as distinguished from what is auxiliary or instrumental.
Blacks 4th

PRIVATE
Affecting or belonging to private in- dividuals, as distinct from the public generally. Not official; not clothed with office.
Blacks 4th

INCUMBENT
A person who is in present posses- sion of an office; one who is legally authorised to discharge the duties of an office.
In ecclesiastical law, the term signifies a clergy- man who is in possession of a benefice.
Blacks 4th

CERTIFY
To testify in writing; to make known or establish as a fact. To vouch for a thing in writing. To give a certificate, or to make a declaration about a writing. To warrant.
Blacks 4th

UN’ARMED adjective
1. Not having an arms or armour; not equipped. Man is born unarmed It is mean to attack even an enemy unarmed.
2. Not furnished with scales, prickles or other defence; as animals and plants.
Webster’s 1828

CONFUSE
verb transitive [Latin See Confound.]
1. To mix or blend things, so that they cannot be distinguished.
Stunning sounds and voices all confused.
Every battle of the warrior is with confused noise. Isaiah 9:5.
Webster’s 1828

PLEDGE
Contracts. He who becomes security for another, and, in this sense, every one who becomes bail for another is a pledge.
Bouviers 1856 Dictionary

Pleagery
suretyship or an undertaking or answering for another. (Also is Pawn)
blacks law 6th ed.

SPONSOR
A surety; one who makes a promise or gives security for another, particularly a god- father in baptism.
In the civil law. One who intervenes for anoth- er voluntarily and without being requested.
Blacks 4th

Go’dfather n.s. [god and father.]
The sponsor at the font.
Webster’s 1828

SIGNATURE
The act of putting down a man’s name at the end of an instrument to attest its validity, the name thus written. A “signature” may be written by hand, printed, stamped, typewritten, engraved, photographed, or cut from one instrument and attached to another, and a signature lithographed on an instrument by a party is sufficient for the purpose of signing it; it being immaterial with what kind of instrument a signature is made. And what ever mark, symbol, or device one may choose to employ as representative of himself is sufficient. See Sign.
The “signature” to a deed may be made either by the grantor affixing his own signature, or by adopting one written for him, or by making his mark, or impressing some other sign or symbol on the paper by which the signature, though written by another for him, may be identified.
Blacks 4th

SERVITUDE
The Condition of being Bound to Service.
The state of a person who is subjected, volun- tarily or otherwise, to another person as his serv- ant.

A CHARGE OR BURDEN
A charge or burden resting upon one estate for the benefit or advantage of another; a species of incorporeal right derived from the civil law (see Servitus) and closely corresponding to the “easement” of the common-law, except that “serv- itude” rather has relation to the burden or the estate burdened, while “easement” refers to the benefit or advantage or the estate to which it ac- crues.
Blacks 4th

EXTINCT
Extinguished: No longer in existence or use. Lacking a claimant. A rent is said to be extinguished when it is destroyed or put out. See extinguishment.
Black Law 5

EQUITABLE TITLE
A right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.
Blacks 4th

EVENT
The consequence of anything, the issue, conclusion, end; that in which an action, opera- tion, or series of operations, terminates.
Anything that happens or comes to pass as distinguished from a thing that exists. That which comes, arrives, or happens, especially an incident which is important or remarkable, the consequence, outcome, sequel, or end effected by prior operation of medium or contribut- ing force or agency referred to as the “means” or “cause”,the culmination or end that means may have pro- duced or brought about.
An event may be injury itself rather than means pro- ducing it.
An event need not necessarily be a cause, but may be and generally is a result.
Blacks 4th

UTI
Lat. In the civil law
To use. Strictly, to use for necessary purposes; as distinguished from “frui,” to enjoy.
Blacks 4th

CORPS
Corpse. n.s.
[corps, Fr. corpus, Latin.]
1. A body, in contempt.
2. A carcase; a dead body; a corse.
3. A body of forces.
Webster’s 1828

ADULTER
Lat. One who corrupts; one who seduces another man’s wife. Adulter solidorum. A corruptor of metals; a counterfeiter. Calvinus, Lex.
Blacks 4th

B. C
An abbreviation for “before Christ,” “bail. court,” “bankruptcy cases,” and “British Columbia.”
Blacks 4th

ABANDON
To desert, surrender, forsake, or cede. To relinquish or give up with intent of never again resuming one’s right or interest. To give up or to cease to use. To give up absolutely; to forsake entirely; to renounce utterly; to relinquish all connection with or concern in; to desert. It includes the intention, and also the external act by which it is carried into effect.
Blacks 4th

COLLATERAL
By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxilary; supplementary; cooperating; accompanying as a secondary fact, or acting as a secondary agent; related to, complementary; accompanying as a coordinate, collateral security,
As to collateral “Consanguinity,” “Descent,” “Es- toppel,” “Guaranty,” “Issue,” “Limitation,” “Neg- ligence,” “Power,” “Proceeding,” and “Warranty,” see those titles.
Blacks 4th

COMPOUND
n. A combination of two or more elements or things by means of human agency; an artificial or synthetic product.
Blacks 4th

PROPER
That which is fit, suitable, appropriate, adapted, correct.. Peculiar; naturally or essentially belonging to a person or thing; not common; appropriate; one’s own.
Blacks 4th

GE’NTILE
n.s. [gentilis, Latin.]
1. One of an uncovenanted nation; one who knows not the true God.
Johnson’s 1755

SEC’ULAR
a. [L. secularis, from seculum, the world or an age.]
1. Pertaining to the present world, or to things not spiritual or holy; relating to things not immediately or primarily respecting the soul, but the body; worldly. The secular concerns of life respect making making provision for the support of life, the preservation of health, the temporal prosperity of men, of states, &c. Secular power is that which superintends and governs the temporal affairs of men, the civil or political power; and is contradistinguished from spiritual or ecclesiastical power.
Webster’s 1828

LYING IN WAIT
Lying in ambush; lying hid or concealed for the purpose of making a sudden and unexpected attack upon a person when he shall arrive at the scene.
Blacks 4th

CUNNING
עָרוּם ˓ârûwm, aw-room’; pass. part. of 6191; cunning (usually in a bad sense):— crafty, prudent, subtil.
pass. pass. = passive (voice), passively
part. part. = participle
Strong, James: The New Strong’s Dictionary of Hebrew and Greek Words. Nashville : Thomas Nelson, 1997, c1996, S. H6175

CRAFTY
1. Cunning; artful; skillful in devising and pursuing a scheme, by deceiving others, or by taking advantage of their ignorance; wily; sly; fraudulent.
He disappointeth the devices of the crafty. Job 5.
2. Artful; cunning; in a good sense, or in a laudable pursuit.
Being crafty, I caught you with guile. 2 Cor 12.
Webster’s 1828

LAST
n. In old English law, signifies a burden; also a measure of weight used for certain commodities of the bulkier sort.
LAST, adj. Latest; ultimate; final; most recent
Blacks 4th

INDORSE
To write a name on the back of a paper or document. Bills of exchange and promissory notes are indorsed by a party’s writing his name on the back. “Indorse” is a technical term, having sufficient legal certainty without words of more particular description. See In Dorso DORSUM. Lat. The back. In dorso recordi, on the back of the record.
Blacks 4th

PROVI’SION
n. s as z. [L. provisio, provideo. See Provide.]
1. The act of providing or making previous preparation.
2. Things provided; preparation; measures taken beforehand, either for security, defence or attack, or for the supply of wants. We make provision to defend ourselves form enemies; we make provision for war; we make provision for a voyage or for erecting a building; we make provision for the support of the poor. Government makes provision for its friends.
3. Stores provided; stock; as provision of victuals; provision of materials.
4. Victuals; food; provender; all manner of eatables for man and beast; as provisions for the table or for the family; provisions for an army.
5. Previous stipulation; terms or agreement made, or measures taken for a future exigency.
Webster’s 1828

PLACE
This word is a very indefinite term. It is applied to any locality, limited by boundaries, however large or however small. It may be used to designate a country, state, county, town, or a very small portion of a town. The extent of the locality designated by it must generally be determined by the connection in which it is used.
In its primary and most general sense means locality, situation, or site, and it is also used to designate an occupied situation or building.
Blacks 4th

JOB
n. [of unknown origin, but perhaps allied to chop, primarily to strike or drive.]
Webster’s 1828

PROD’IGAL
a. [L. produgus, from prodigo, to drive forth, to lavish.]
Webster’s 1828

OFFICIAL
n. An officer; a person invested with the authority of an office.
In Canon law. A person to whom a bishop commits the charge of his spiritual jurisdiction.
In Civil law. The minister or apparitor of a magistrate or judge.
In Common and Statute law. The person whom the archdeacon substitutes in the execution of his jurisdiction.
Blacks 4th

VESSEL
A ship, brig, sloop, or other craft used in navigation. The word in its broadest sense is more comprehensive than “ship.” Any structure which is made to float upon the water, for purposes of commerce or war, whether impelled by wind, steam, or oars.
Blacks 4th

MEDIUM
4. The means or instrument by which any thing is accomplished, conveyed or carried on. Thus money is the medium of commerce; coin is the common medium of trade among all civilised nations, but wampum is the medium of trade among the Indian tribes, and bills of credit or bank notes are often used as mediums of trade in the place of gold and silver. Intelligence is communicated through the medium of the press.
Blacks 4th

PECUNIARY
Monetary; relating to money; financial; consisting of money or that which can be valued in money.
As to pecuniary “Consideration,” “Damages,” and “Legacy,” see those titles.
Blacks 4th

PECULATION
The unlawful appropriation, by a depositary of public funds, of the property of the government intrusted to his care, to his own use, or that of others. The fraudulent misappropriation by one to his own use of money or goods intrusted to his care.
Blacks 4th

ROMANCE
v.i. romans’, ro’mans. To forge and tell fictitious stories; to deal in extravagant stories.
Webster’s 1828

ACT OF STATE
An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law.
Blacks 4th

ACTS OF STATE DAMAGE
if you are not under the crown at the point of damage (you are man) then you have a claim]

UN’ARMED
1. Not having an arms or armour; not equipped. Man is born unarmed. It is mean to attack even an enemy unarmed.
2. Not furnished with scales, prickles or other defense; as animals and plants.
Webster’s 1828

BORN OUTSIDE THE UNITED STATES
Where, at time of birth of children born in the United States, their father was a duly accredited diplomatic representative of the French Republic to the United States, they became subject to the jurisdiction of France, and were “born outside of the United States” within the naturalisation provisions of section.
Blacks 4th

NATURALISATION
The act of adopting a for- eigner and clothing him with the privileges of native citizen.
Collective Naturalisation. This takes place where a government, by treaty or cession, acquires he whole or part of the territory of a foreign nation and takes to itself the inhabitants thereof, clothing them with the rights of citizenship either by the terms of the treaty or by subsequent legislation.
Blacks 4th

LYING IN WAIT
Lying in ambush; lying hid or concealed for the purpose of making a sudden and unexpected attack upon a person when he shall arrive at the scene.
Blacks 4th

Latin Definitions

IMPOTENTIA EXCUSAT LEGEM
Co.Litt. 29. The impossibility of doing what is required by the law excuses from the performance.
Blacks 4th

IMPOSSIBILIUM NULLA OBLIGATIO EST
There is no obligation to do impossible things.
Blacks 4th

STRICT! JURIS Lat
Of strict right or law; according to strict law. “A license is a thing stricti juris; a privilege which a man does not possess by his own right, but it is conceded to him as
:an indulgence, and therefore it is to be strictly observed.” .
Blacks 4th

NON DURAT VEL EXTENDATUR DE RE AD REM, DE PERSONA AD PER- SONAM, DE TEMPORE AD TEMPUS
The nature of the contract of suretyship is strictissimi juris, and cannot endure nor be extended from thing to thing, from person to person, or from time to time
Blacks 4th

ORIGINE PROPRIA NEMINEM POSSE VOLUN- TATE SUA EXIMI MANIFESTUM EST
It is evident that no one is able of his own pleasure, to do away with his proper origin.
Blacks 4th

ORIGO REI INSPICI DEBET
The origin of a thing ought to be regarded.
Blacks 4th

QUI VULT DECIPI, DECIPIATUR
Let him who wishes to be deceived, be deceived.
Blacks 4th

NSINUARE
Lat. In the civil law. To put into; to deposit a writing in court, answering nearly to the modern expression “to file.” Si non mandatum actis insinuatum est, if the power or authority be not deposited up among the records of the
To declare or acknowledge before a judicial officer; to give an act an official form.
Blacks 4th

QUI CUM ALIO CONTRAHIT VEL EST, VEL ESSE DEBET NON IGNARUS CONDITIONIS EJUS
He who contracts with another either is or ought to be not ignorant of his condition.
Blacks 4th

ERROR NOMINIS NUNQUAM NOCET, SI DE IDENTITATE REI CONSTAT
A mistake in the name of a thing is never prejudicial, if it be clear as to the identity of the thing itself, [where the thing intended is certainly known.] This maxim is applicable only where the means of correcting the mistake are apparent on the face of the instrument to be construed. Id.
Blacks 4th

UNUMQUODQUE EODEM MODO QUO COLLI- GATU EST, DISSOLVITUR,—QUO CONSTITUI- TUR, DESTRUITUR
Everything is dissolved by the same means by which it is put together,—destroyed by the same means by which it is established.
Blacks 4th

JUS SOLI
The law of the place of one’s birth as contrasted with jus sanguinis, the law of the place of one’s descent or parentage. It is of feudal origin.
Blacks 4th

IN PERPETUAM REI MEMORIAM
In perpetual memory of a matter; for preserving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent.
Blacks 4th

IN PERPETUAM REI TESTIMONIUM
In perpetual testimony of a matter; for the purpose of declaring and settling a thing forever.
Blacks 4th

IGNORANTIA FACTI EXCUSAT
Ignorance of fact excuses or is a ground of relief. Acts done and contracts made under mistake or ignorance of a material fact are voidable and relievable in law and equity.
Blacks 4th

FICTIO JURIS NON EST UBI VERITAS
Where truth is, fiction of law does not exist.
Blacks 4th

Further Study
English Law
Noah Webster 1828 Dictionary :
1.] https://ia800904.us.archive.org/17/items/
2.] https://ia800904.us.archive.org/17/items/americandictiona01websrich/