General in United States

General Definition

Principal; universal; common to all, or to the greatest number. General Acceptance. Of a bill of exchange. An absolute acceptance precisely in conformity to the tenor of the bill. 3 Bush (Ky.) 626. Genera<l Agent. One authorized to transact all his principal's business, or all his business of a particular class. 94 Ala. 346; 41 Ind. 438. A "general agent" is so called in distinction from a "special agent," whose authority is for a particular purpose, and confined to a particular act (49 N. Y. 555), and "universal agent," who is authorized to do any and every act which the principal might do. Story, Ag. § 21. General Appearance. See "Appearance." General Assembly, A name given in some of the states to the senate and house of representatives, which compose the legislative body. General Assignment. An assignment of all the assignor's property; or one for the benefit of all his creditors. General Average. General average contribution is defined to be a contribution. by all the parties in a sea adventure to make good the loss sustained by one of their number on account of sacrifices voluntarily made on part of the ship or cargo to save the residue and the lives of those on board from an impending peril, or for extraordinary expense necessarily incurred by one or more of the parties for the general benefit of all the interests embarked in the enterprise. Losses which give a claim to general average are usually divided into two great classes: (1). Those which arise from sacrifices of part of the ship or part of the cargo, purposely made in order to save the whole adventure from perishing. (2). Those which arise out of extraordinary expenses incurred for the joint benefit of ship and cargo. 9 Wallace (U. S.) 228. See also "Average."I) 228. General Charge. The instructions given by the court of its own motion, usually on the general aspects of the case, as distinguished from those given on the request of a party. General Covenant. One which relates to lands generally, and places the covenantee in the position of a specialty creditor. Brown. General Custom. One which obtains through a whole country, as distinguished from those peculiar to localities. General Dan ages. See "Damages." General Demurrer. A demurrer not indicating the precise ground of objection. One going to substance. See "Demurrer." General Deposit. A general deposit is a deposit which is to be returned to the depositor in kind. 141 111. 267. See, also, "Deposit." General Election.
(1) An election of officers throughout a state. 17 JVIo. 511.
(2) An election of officers for the full term, as distinguished from an election to fill a vacancy. 52 Cal. 154.
(3) An election at a time appointed by law, as distinguished from one called specially. General Executor. One having general charge of the estate of his testator, as distinguished from a special executor appointed for a particular purpose or a limited time. General Gaol Delivery. In English law. One of the four commissions issued to judges holding the assizes, which empowers them to try and deliverance make of every prisoner who shall be in the gaol when the judges arrive at the circuit town, whether an indictment has been preferred at any previous assize or not. It was anciently the course to issue special writs of gaol delivery for each prisoner, which were called writs’ de bono et malo; but, these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. 4 Steph. Comm. 333, 334; 2 Hawk. P. C. 14, 28. Under this authority, the gaol must be cleared and delivered of all prisoners in it, whenever or before whomever indicted, or for whatever crime. Such deliverance takes place when the person is either acquitted, convicted, or sentenced to punishment. Bracton, 110. General Guardian. One who has full general charge of the subject of guardianship. General Imparlance. In pleading. One granted upon a prayer in which the defendant reserves to himself no exceptions. See “Imparlance.” General Issue. In pleading. A plea which denies or traverses at once the whole indictment or declaration, without offering any special matter to evade it. It is called the general issue because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. 2 BI. Comm. 305. In the early manner of pleading, the general issue was seldom used except where the party meant wholly to deny the charges alleged against him. When he intended to excuse or palliate the charge, a special plea was used to set forth the particular facts. But now, since special pleading is generally abolished, the same result is secured by requiring the defendant to file notice of special matters of defense which he intends to set up on the trial, or obliging him to use a form of answer adapted to the plaintiff’s declaration, the method varying in different systems of pleading. In criminal cases, the general issue is, not guilty. In civil cases, the general issues are almost as various as the forms of action: In assumpsit, the general issue is rum assumpsit; in debt, nil debet; in detinue, non detinet; in trespass, non cul. (not guilty) ; in replevin, non cepit, etc. Where the forms of action are abolished, the term is, in strictness, incorrect, but it is commonly applied to the general denial. General Jurisdiction. Jurisdiction applying to all subjects within the object of its general organization, and to all parties who can be reached by its process. “37 Miss. 48. A jurisdiction which is not, within the limits of the judicial power of the sovereignty creating it, limited as to nature of subject matter, amount in controversy, or character of parties. It is the nature of the jurisdiction, not its territorial extent, which determines whether a court is of limited or general jurisdiction. 11 Wis. 50. General Land Office. A bureau in the United States government which has the charge of matters relating to the public lands. It was established by the act of April 25, 1812 (2 Story, U. S. Laws, 1238). Another act was passed March 24, 1824 (3 Story, U. S. Laws, 1938), which authorized the employment of additional officers. And it was reorganized by an act entitled, “An act to reorganize the general land office,” approved July 4, 1836. It was originally a bureau of the treasury department, but was transferred in 1859 to the department of the interior. General Law. A law framed in general terms and restricted to no locality, operating equally upon all of a group of objects which, having regard for the purposes of the legislation, are distinguished by characteristics sufficiently marked and important to make them a class by themselves. 266 111. 387. General Legacy. A pecuniary legacy, payable generally out of the assets of the testator. 2 Bl. Comm. 512. General Lien. A right to detain a chattel, etc., until payment be made, not only of any deht due in respect of the particular chattel, but of any balance that may be due on general account in the same line of business. 2 Steph. Comm. 132. General Meeting. A meeting of the largest class of persons concerned in a matter. Applied to meetings of stockholders, members, etc. General Occupant. The man who could first enter upon lands held pur autre vie, after the death of the tenant for life, living the cestui que vie. At common law he held the lands by right for the remainder of the term; but this is now altered by statute, in England, the term going to the executors if not devised. 29 Car. II. c. 3; 14 Geo. IL c. 20; 2 Sharswood, Bl. Comm. 258. This has been followed by some states (1 Code Md. 666, § 220, art. 93) ; in some states the term goes to heirs, if undevised (Gen. St. Mass. c. 91, § 1). General Owner. The person having the permanent or residuary title, as distinguished from a mere special or possessory ‘ right. General Partnership. One whose business includes all transactions of a particular class, as distinguished from special partnerships formed for a particular transaction. See 1 Cliff (U. S.) 32. Gene
ral Retainer. A fee paid to retain the services of an attorney generally, and not in a particular case. “It binds the person retained not to take a fee from another against his retainer, but to do nothing except what he is asked to do, and for this he is to be distinctly paid.” 6 R. I. 206. General Sessions. In England, a court of record, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peace and certain statutes. General sessions held at certain times in the four quarters of the year pursuant to St. 2 Hen. V. are properly called “quarter sessions” (g. V.) , but intermediate general sessions may also be held. Pritch. Quar. Sess.; Rapalje & L. In the United States, a court of general criminal jurisdiction in some states. General Ship. One which is employed by the charterer or owner on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination. A ship advertised for general receipt of goods to be carried on a particular voyage. The advertisement should state the name of the ship and master, the general character of the ship, the time of sailing, and the proposed voyage. See 1 Pars. Mar. Law, 130; Abb. Shipp. (7th London Ed.) 123. The shippers in a general ship generally contract with the master; but in law the owners and the master are separately bound to the performance of the contract, it being considered as made with the owners, as well as with the master. Abb. Shipp. (7th London Ed.) 319. ‘ General Special Imparlance. In pleading. One in which the defendant reserves to himself “all advantages and exceptions whatsoever.” 2 Chit. PI. 408. See “Impar lance.” General Statute, or General Law. As opposed to “private,” one relating to matters of public concern. As opposed to “local,” one operative throughout the jurisdiction of the legislative body. As opposed to “special,” one which affects tequally all persons or things of the same class. General Tall. An estate tail where one parent only is specified, whence the issue must be derived, as to A. and the heirs of his body. Eapalje & L. General Tenancy. “Such tenancies only as are not fixed and made certain in point of duration by the agreement of the parties.” 22 Ind. 122. General Term.
(1) A term held pursuant to law, as distinguished from one specially called.
(2) A term for the trial of cases, as distinguished from one for the hearing of motions.
(3) A sitting of the trial judges in banc, for appellate purposes. General Traverse. See “Traverse.” General Usage. One which prevails generally throughout the country. See “General Custom,” supra, this title. General Verdict. One finding generally for one of the parties, as distinguished from a special verdict finding the facts. A finding by the jury in the terms of the issue referred to them 2 Tidd, Pr. 869. General Warrant. A process which used to issue from the state secretary’s office, to take up (without naming any person in particular) the author, printer, and publisher of such obscene and seditious libels as were particularly specified in it. It was declared illegal and void for uncertainty by a vote of the house of commons. Com. Jour. 22d April, 1766; Wharton. A writ of assistance. The issuing of these was one of the causes of the American Republic. They were a species of general warrant, being directed to “all and singular justices, sheriffs, constables, and all other officers and subjects,” empowering them to enter and search any house for uncustomed goods, and to command all to assist them. These writs were perpetual, there being no return to them. They were not executed, owing to the eloquent argument of Otis before the supreme court of Massachusetts against their legality. See Tudor, Life of Otis, 66. General Warranty. A covenant whereby the grantor warrants and agrees to defend the title to the premises conveyed against all persons whatsoever, as distinguished from a “special warrants ‘ against persons “by or from” the grantor.

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Principal; universal; common to all, or to the greatest number. General Acceptance. Of a bill of exchange. An absolute acceptance precisely in conformity to the tenor of the bill. 3 Bush (Ky.) 626. Genera<l Agent. One authorized to transact all his principal's busine
ss, or all his business of a particular class. 94 Ala. 346; 41 Ind. 438. A "general agent" is so called in distinction from a "special agent," whose authority is for a particular purpose, and confined to a particular act (49 N. Y. 555), and "universal agent," who is authorized to do any and every act which the principal might do. Story, Ag. § 21. General Appearance. See "Appearance." General Assembly, A name given in some of the states to the senate and house of representatives, which compose the legislative body. General Assignment. An assignment of all the assignor's property; or one for the benefit of all his creditors. General Average. General average contribution is defined to be a contribution. by all the parties in a sea adventure to make good the loss sustained by one of their number on account of sacrifices voluntarily made on part of the ship or cargo to save the residue and the lives of those on board from an impending peril, or for extraordinary expense necessarily incurred by one or more of the parties for the general benefit of all the interests embarked in the enterprise. Losses which give a claim to general average are usually divided into two great classes: (1). Those which arise from sacrifices of part of the ship or part of the cargo, purposely made in order to save the whole adventure from perishing. (2). Those which arise out of extraordinary expenses incurred for the joint benefit of ship and cargo. 9 Wallace (U. S.) 228. See also "Average."I) 228. General Charge. The instructions given by the court of its own motion, usually on the general aspects of the case, as distinguished from those given on the request of a party. General Covenant. One which relates to lands generally, and places the covenantee in the position of a specialty creditor. Brown. General Custom. One which obtains through a whole country, as distinguished from those peculiar to localities. General Dan ages. See "Damages." General Demurrer. A demurrer not indicating the precise ground of objection. One going to substance. See "Demurrer." General Deposit. A general deposit is a deposit which is to be returned to the depositor in kind. 141 111. 267. See, also, "Deposit." General Election.
(1) An election of officers throughout a state. 17 JVIo. 511.
(2) An election of officers for the full term, as distinguished from an election to fill a vacancy. 52 Cal. 154.
(3) An election at a time appointed by law, as distinguished from one called specially. General Executor. One having general charge of the estate of his testator, as distinguished from a special executor appointed for a particular purpose or a limited time. General Gaol Delivery. In English law. One of the four commissions issued to judges holding the assizes, which empowers them to try and deliverance make of every prisoner who shall be in the gaol when the judges arrive at the circuit town, whether an indictment has been preferred at any previous assize or not. It was anciently the course to issue special writs of gaol delivery for each prisoner, which were called writs’ de bono et malo; but, these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. 4 Steph. Comm. 333, 334; 2 Hawk. P. C. 14, 28. Under this authority, the gaol must be cleared and delivered of all prisoners in it, whenever or before whomever indicted, or for whatever crime. Such deliverance takes place when the person is either acquitted, convicted, or sentenced to punishment. Bracton, 110. General Guardian. One who has full general charge of the subject of guardianship. General Imparlance. In pleading. One granted upon a prayer in which the defendant reserves to himself no exceptions. See “Imparlance.” General Issue. In pleading. A plea which denies or traverses at once the whole indictment or declaration, without offering any special matter to evade it. It is called the general issue because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. 2 BI. Comm. 305. In the early manner of pleading, the general issue was seldom used except where the party meant wholly to deny the charges alleged against him. When he intended to excuse or palliate the charge, a special plea was used to set forth the particular facts. But now, since special pleading is generally abolished, the same result is secured by requiring the defendant to file notice of special matters of defense which he intends to set up on the trial, or obliging him to use a form of answer adapted to the plaintiff’s declaration, the method varying in different systems of pleading. In criminal cases, the general issue is, not guilty. In civil cases, the general issues are almost as various as the forms of action: In assumpsit, the general issue is rum assumpsit; in debt, nil debet; in detinue, non detinet; in trespass, non cul. (not guilty) ; in replevin, non cepit, etc. Where the forms of action are abolished, the term is, in strictness, incorrect, but it is commonly applied to the general denial. General Jurisdiction. Jurisdiction applying to all subjects within the object of its general organization, and to all parties who can be reached by its process. “37 Miss. 48. A jurisdiction which is not, within the limits of the judicial power of the sovereignty creating it, limited as to nature of subject matter, amount in controversy, or character of parties. It is the nature of the jurisdiction, not its territorial extent, which determines whether a court is of limited or general jurisdiction. 11 Wis. 50. General Land Office. A bureau in the United States government which has the charge of matters relating to the public lands. It was established by the act of April 25, 1812 (2 Story, U. S. Laws, 1238). Another act was passed March 24, 1824 (3 Story, U. S. Laws, 1938), which authorized the employment of additional officers. And it was reorganized by an act entitled, “An act to reorganize the general land office,” approved July 4, 1836. It was originally a bureau of the treasury department, but was transferred in 1859 to the department of the interior. General Law. A law framed in general terms and restricted to no locality, operating equally upon all of a group of objects which, having regard for the purposes of the legislation, are distinguished by characteristics sufficiently marked and important to make them a class by themselves. 266 111. 387. General Legacy. A pecuniary legacy, payable generally out of the assets of the testator. 2 Bl. Comm. 512. General Lien. A right to detain a chattel, etc., until payment be made, not only of any deht due in respect of the particular chattel, but of any balance that may be due on general account in the same line of business. 2 Steph. Comm. 132. General Meeting. A meeting of the largest class of persons concerned in a matter. Applied to meetings of stockholders, members, etc. General Occupant. The man who could first enter upon lands held pur autre vie, after the death of the tenant for life, living the cestui que vie. At common law he held the lands by right for the remainder of the term; but this is now altered by statute, in England, the term going to the executors if not devised. 29 Car. II. c. 3; 14 Geo. IL c. 20; 2 Sharswood, Bl. Comm. 258. This has been followed by some states (1 Code Md. 666, § 220, art. 93) ; in some states the term goes to heirs, if undevised (Gen. St. Mass. c. 91, § 1). General Owner. The person having the permanent or residuary title, as distinguished from a mere special or possessory ‘ right. General Partnership. One whose business includes all transactions of a particular class, as distinguished from special partnerships formed for a particular transaction. See 1 Cliff (U. S.) 32. General Retainer. A fee paid to retain the services of an attorney generally, and not in a particular case. “It binds the person retained not to take a fee from another against his retainer, but to do nothing except what he is asked to do, and for this he is to be distinctly paid.” 6 R. I. 206. General Sessions. In England, a court of record, held by two or more jus
tices of the peace, for the execution of the authority given them by the commission of the peace and certain statutes. General sessions held at certain times in the four quarters of the year pursuant to St. 2 Hen. V. are properly called “quarter sessions” (g. V.) , but intermediate general sessions may also be held. Pritch. Quar. Sess.; Rapalje & L. In the United States, a court of general criminal jurisdiction in some states. General Ship. One which is employed by the charterer or owner on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination. A ship advertised for general receipt of goods to be carried on a particular voyage. The advertisement should state the name of the ship and master, the general character of the ship, the time of sailing, and the proposed voyage. See 1 Pars. Mar. Law, 130; Abb. Shipp. (7th London Ed.) 123. The shippers in a general ship generally contract with the master; but in law the owners and the master are separately bound to the performance of the contract, it being considered as made with the owners, as well as with the master. Abb. Shipp. (7th London Ed.) 319. ‘ General Special Imparlance. In pleading. One in which the defendant reserves to himself “all advantages and exceptions whatsoever.” 2 Chit. PI. 408. See “Impar lance.” General Statute, or General Law. As opposed to “private,” one relating to matters of public concern. As opposed to “local,” one operative throughout the jurisdiction of the legislative body. As opposed to “special,” one which affects tequally all persons or things of the same class. General Tall. An estate tail where one parent only is specified, whence the issue must be derived, as to A. and the heirs of his body. Eapalje & L. General Tenancy. “Such tenancies only as are not fixed and made certain in point of duration by the agreement of the parties.” 22 Ind. 122. General Term.
(1) A term held pursuant to law, as distinguished from one specially called.
(2) A term for the trial of cases, as distinguished from one for the hearing of motions.
(3) A sitting of the trial judges in banc, for appellate purposes. General Traverse. See “Traverse.” General Usage. One which prevails generally throughout the country. See “General Custom,” supra, this title. General Verdict. One finding generally for one of the parties, as distinguished from a special verdict finding the facts. A finding by the jury in the terms of the issue referred to them 2 Tidd, Pr. 869. General Warrant. A process which used to issue from the state secretary’s office, to take up (without naming any person in particular) the author, printer, and publisher of such obscene and seditious libels as were particularly specified in it. It was declared illegal and void for uncertainty by a vote of the house of commons. Com. Jour. 22d April, 1766; Wharton. A writ of assistance. The issuing of these was one of the causes of the American Republic. They were a species of general warrant, being directed to “all and singular justices, sheriffs, constables, and all other officers and subjects,” empowering them to enter and search any house for uncustomed goods, and to command all to assist them. These writs were perpetual, there being no return to them. They were not executed, owing to the eloquent argument of Otis before the supreme court of Massachusetts against their legality. See Tudor, Life of Otis, 66. General Warranty. A covenant whereby the grantor warrants and agrees to defend the title to the premises conveyed against all persons whatsoever, as distinguished from a “special warrants ‘ against persons “by or from” the grantor.

This definition of General is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.