Glossary of the Technical Terms, Phrases, and Maxims of the Common Law

From the author's NOTE. This book is the result of an attempt to produce a concise Law Dictionary, giving in common English an explanation of the words and phrases, English as well as Saxon, Latin, or French, which are of common technical use in the law. It is not a compilation of law, like the larger dictionaries, but consists purely of definition. Only such civil law, canon law, or Scotch terms have been introduced as are often used in the common-law courts. The writer has sought to give the popular and usual acceptation of each phrase, in much the same rough and general shape in which it would stand in the mind of the trained lawyer; only occasionally adding a hint of its more correct and exact meaning. More definite information must then be sought in the text-hooks. Unless otherwise mentioned, the definition is given according to the common law of England; and the date or present existence of the thing defined is only roughly indicated by the tense. It has been impossible within the limits assigned to make the book exhaustive; but it is hoped that a judicious selection has been made of the more important catchwords, writs, courts, and maxims; and that, in seeking to compress the greatest amount of matter in the smallest possible space, the author has been concise, without being inaccurate or obscure. The black-faced type is used for all terms defined under the present caption; the Italic is always used for reference, not emphasis. Thus the frequent use of abbreviations like "v.," "see," and "q.v." is avoided. The reader is desired always to refer to a term so Italicized, under the proper caption, as it will frequently be found to complete or modify the present definition. Literal translations, followed by explanations, are put in parentheses; paraphrases or explanatory additions, in brackets. The words of the captions are English unless otherwise indicated, and different spellings in the same language follow without a capital letter. Thus, Gablum, l, Gabel, gavel, Gafol, sax.: gabel and gavel are the English forms, gablum the law Latin, and gafol the Saxon. Sometimes, to gain space, different words from the same root, as the noun and the verb, are put in the same paragraph; so, phrases beginning with the caption word. But when the word is found in different languages and begins very many phrases, it is otherwise; thus, the French, English, and Latin in begin each a separate paragraph.