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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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SEXUAL INTERCOURSE
Carnal copulation of male and female, Implying actual penetration of the organs of the latter, State v. Frazier, 54 Kan. 719, 39 Pac. 822.

Carnal copulation of male and female, Implying actual penetration of the organs of the latter, State v. Frazier, 54 Kan. 719, 39 Pac. 822. Less...
SHACK
In English law. The straying and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens that a number of adjacent fields, though held in severalty, i. e., by separate owners, and cultivated separately, are, More...

In English law. The straying and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens that a number of adjacent fields, though held in severalty, i. e., by separate owners, and cultivated separately, are, after the crop on each parcel has been carried in, thrown open as pasture to the cattle of all the owners. "Arable lands cultivated on this plan are called 'shack fields/ and the right of each owner of a part to feed cattle over the whole during the autumn and winter is known in law as 'common of shack/ a right which is distinct in its nature from common because of vicinage, though sometimes said to be nearly identical with it" Elton, Commons, 30; Sweet Less...
SHALL
As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and in cases where no right or benefit to any one depends on its being taken More...

As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and in cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, "shall" is to be construed as "may," unless a contrary intention is manifest. See Wheeler v. Chicago, 24 IU. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist, 184 111. 597, 56 N. E. 953; Madison v. Daley (C. C.) 58 Fed. 753; Cairo A F. R. Co. v. Hecht 95 U. S. 170, 24 L. Ed. 423. Less...
SHAM PLEA
See PLEA.

See PLEA. Less...
SHARE
A portion of anything. When a whole is divided into shares, they are not necessarily equal. In the law of corporations and joint-stock companies, a share is a definite portion of the capital of a company. -Share and share alike In equal shares or proportions.-Share-certificate. A share-certificate is an instrument More...

A portion of anything. When a whole is divided into shares, they are not necessarily equal. In the law of corporations and joint-stock companies, a share is a definite portion of the capital of a company. -Share and share alike In equal shares or proportions.-Share-certificate. A share-certificate is an instrument under the seal of the company, certifying; that the person therein named is entitled to a certain number of shares; it is prima facie evidence of his title thereto. Lindl. Partn. 150, 1187.-Sharo-warr ant. A share-warrant to bearer is a warrant or certificate under the seal of the company, stating that the bearer of the warrant is entitled to a certain number or amount of fully paid up shares or stock. Coupons for payment of dividends may be annexed to it Delivery of the share-warrant operates as a transfer of the shares or stock. Sweet. Less...
SHAREHOLDER
In the strict sense of the term, a "shareholder" is a person who has agreed to become a member of a corporation or company, and with respect to whom all the required formalities have been gone through; e. p., signing of deed of settlement registration, or the like. A shareholder More...

In the strict sense of the term, a "shareholder" is a person who has agreed to become a member of a corporation or company, and with respect to whom all the required formalities have been gone through; e. p., signing of deed of settlement registration, or the like. A shareholder by estoppel is a person who has acted and been treated as a shareholder, and consequently has the same liabilities as if he were an ordinary shareholder. Lindl. Partn. 130. See Beal v. Essex Sav. Bank, 07 Fed. 816, 15 C. C. A, 128; State v. Mitchell, 104 Tenn. 336; 58 S. W. 365. Less...
SHARP
A "sharp" clause in a mortgage or other security (or the whole instrument described as "sharp") is one which empowers the creditor to take prompt and summary action upon default in payment or breach of other conditions.

A "sharp" clause in a mortgage or other security (or the whole instrument described as "sharp") is one which empowers the creditor to take prompt and summary action upon default in payment or breach of other conditions. Less...
SHARPING CORN
A customary gift of corn, which, at every Christmas, the farmers in some parts of England give to their smith for sharpening their plow-irons, harrow-tines, etc. Blount.

A customary gift of corn, which, at every Christmas, the farmers in some parts of England give to their smith for sharpening their plow-irons, harrow-tines, etc. Blount. Less...
SHASTER
In Hindu law. The instrument of government or instruction; any book of instructions, particularly containing Divine ordinances. Wharton.

In Hindu law. The instrument of government or instruction; any book of instructions, particularly containing Divine ordinances. Wharton. Less...
SHAVE
While "shave" is sometimes used to denote the act of obtaining the property of another by oppression and extortion, it may be used in an innocent sense to denote the buying of existing notes and other securities for money, at a discount Hence to charge a man with using money More...

While "shave" is sometimes used to denote the act of obtaining the property of another by oppression and extortion, it may be used in an innocent sense to denote the buying of existing notes and other securities for money, at a discount Hence to charge a man with using money for shaving is not libelous per ae. See Stone v. Cooper, 2 Denio (N. Y.) 301; Trentham v, Moore, 111 Tenn. 346, 76 S. W. 004; Bron-son v. Wiman, 10 Barb. (N. Y.) 42a Less...

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